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Article 7 - Table of Contents

  • CHAPTER A - GENERAL
    Section 1-Purpose and Intent
    Section 2-MGTS Compliance
    A.    U/S Tier
    B.    AGR and Glades Tiers
    C.    Exurban and Rural Tiers
    Section 3-Landscape Design Principles
    A.    Appearance and Composition
    1.    Texture
    2.    Color
    3.    Form
    B.    Environmental Quality
    1.    Energy Conservation and Sustainable Design
    C.    Water Conservation
    1.    Use of Native and Drought Resistant Plants
    D.    Preservation of Existing Native Vegetation and Removal of Prohibited Plant Species
    1.    Incorporation of Existing Vegetation
    E.    Compatibility
    1.    Buffering and Screening
    F.    Quality Pedestrian Environment
    G.   Enhancing Architecture
    CHAPTER B - APPLICABILITY AND APPROVAL PROCESS
    Section 1-Applicability
    A.    Relation to Art. 14.C, Vegetation Preservation and Protection
    B.    Exemptions
    C.    Public Park Exception or PO Deviations
    D.    Overlay Exceptions
    Section 2-Definitions
    Section 3-Approval Process for Landscape Plans
    A.    Submittal Requirements
    B.    Review of Landscape Plans
    C.    Issuance of Landscape Permits
    D.    Landscape Inspections
    1.    Types of Landscape Inspection
    E.    Certification of Compliance
    1.    Field Verification of Certification
    2.    Acceptance of Certification
    F.    Optional Special Certification
    1.    Special Certification Procedures by the Applicant:
    2.    Verification of Special Certification by PZB
    3.    Acceptance of Special Certification
    Section 4-Type 1 Waiver for Landscaping
    A.    Applicability
    B.    Pre-Application Appointment (PAA) for a Type 1 Waiver
    C.    Alternative Landscape Plan (ALP)
    Section 5-Vegetation Removal and Replacement
    A.    Exception
    B.    Approval Process
    1.    Pre-Application Site Meeting
    2.    Application Submittal Requirements
    3.    Application Review and Final Decision
    4.    Standards for Removal and Replacement
    C.    Replacement
    D.    Timeline
    E.    Inspection
    CHAPTER C - LANDSCAPE BUFFER AND INTERIOR LANDSCAPE REQUIREMENTS
    Section 1 - General
    Section 2-Types of Landscape Buffer
    A.    R-O-W Buffer
    1.    Applicability
    2.    Exemptions
    3.    Width
    4.    Location
    5.    Landscape Requirements
    6.    Clustering
    B.    Compatibility Buffer
    1.    Applicability
    2.    Exemption
    3.    Width
    4.    Landscape Requirements
    C.    Incompatibility Buffer
    1.    Applicability
    2.    Types and Width of Incompatibility Buffers
    3.    Landscape Requirements
    4.    AGR-PUD Landscape Buffer
    Section 3-Interior Landscaping
    A.    Calculation of Interior Landscaping
    B.    Foundation Planting
    1.    Applicability
    2.    Exemptions
    3.    Establishments with Drive-Throughs, Freestanding ATMs, and Unmanned Retail Structures
    C.    Planting around Signs
    Section 4-Landscape Requirements for On-Site Parking
    A.    Landscape Islands
    1.    Maximum Spacing
    2.    Increased Interval of Landscape Islands
    3.    Type 1 Waiver for Maximum Spacing
    B.    Divider Medians
    C.    Landscape Diamonds
    D.    Vehicular Use Area
    E.    Landscape Protection Measures
    1.    Curbing
    2.    Alternative to Curbing
    3.    Alternative Landscape Protection
    4.    Wheel Stops
    F.    Parking Structures
    Section 5-Overlap in Landscape Buffers and On-Site Parking Areas
    A.    Overlap in a R-O-W and Incompatibility Buffers
    1.    Underground Utilities
    2.    Overhead Utilities
    3.    Detention or Retention Areas, Swales, and Drainage Easements
    4.    Type 1 Waiver for Landscaping
    B.    Easements in On-Site Parking Areas
    1.    Underground Utilities
    C.    Lake Maintenance Easements (LME)
    Section 6-Corner Clips and Safe Sight Distances
    Section 7-Large Scale Commercial Development
    A.    Perimeter Buffer
    1.    R-O-W Buffers
    2.    Compatibility Buffers
    3.    Incompatibility Buffers
    B.    Foundation Planting
    C.    Encroachment
    D.    Perimeter Sidewalk
    E.    Berm   
    CHAPTER D - LANDSCAPE STANDARDS
    Section 1-General
    A.    Plant Species
    Section 2-Trees, Palms, and Pines
    A.    Trees   
    1.    Average Height
    2.    Overhead Utilities with or without an Easement
    B.    Palms 
    1.    Canopy Tree Substitute
    C.    Pines  
    1.    Canopy Tree Substitute
    D.    Tree Species Mix
    Section 3-Shrubs
    A.    Shrub Planting Requirements
    Section 4-Landscape Barriers
    A.    Hedges
    1.    Height and Spacing at Installation
    2.    Hedge and Berm Combination
    3.    Height Measurement
    4.    PDD and Nonresidential Perimeter Buffer Hedge Height
    5.    Setback
    6.    Sight Distance
    B.    Walls   
    1.    Architectural Treatment
    2.    Noise Mitigation Walls
    C.    Fences
    1.    Chain Link Fences
    D.    Location of Wall or Fence in a Landscape Buffer
    1.    Exception
    E.    Conflict with Easements
    Section 5-Landscape Buffers with Grade Changes
    A.    Grade Measurement
    B.    Compatibility Buffer – Maximum Height Increase
    1.    Fences
    2.    Hedges
    C.    Incompatibility or R-O-W Buffer – Maximum Height Increase
    1.    Fences and Walls
    2.    Hedges
    Section 6-Berms
    A.    Tier Restrictions
    B.    Maximum Slope
    C.    Height Measurement
    D.    Incompatibility Buffer
    E.    Preservation Areas
    Section 7-Ground Treatment
    A.    Ground Cover
    B.    Mulch  
    C.    Alternative Materials
    D.    Lawn and Turf
    E.    Artificial Turf
    CHAPTER E - EXISTING NATIVE VEGETATION, PROHIBITED, AND CONTROLLED PLANT SPECIES
    Section 1-Purpose
    Section 2-Authority and Review Procedures
    A.    Pre-application Appointment (PAA)
    B.    Review and Permit Procedures
    1.    Application Submittal
    2.    Site Visit
    3.    Agreement on Preservation
    4.    ERM Vegetation Protection
    5.    Vegetation Barricade Permit
    Section 3-Credit and Replacement
    A.    Vegetation Credit
    1.    Approval
    2.    Excluded from Credit
    B.    Replacement
    C.    Vegetation Credit and Replacement Formula
    1.    Natural Disaster Replacement
    Section 4-Prohibited Plant Species
    Section 5-Controlled Plant Species
    A.    Black Olives and Mahogany
    B.    Ficus Species
    C.    Silk Oak and Rosewood
    D.    Trees   
    Section 6-Artificial Plants
    CHAPTER F - INSTALLATION AND MAINTENANCE
    Section 1-Plant Quality
    Section 2-Installation
    A.    Planting Specifications
    B.    Phasing
    1.    Developments with Phasing
    2.    Developments without Phasing
    3.    Suspended Phasing
    Section 3-Maintenance
    A.    General
    B.    Maintenance of Vacant Lots
    1.    Vacant Lots or Parcels with Demolition Permits
    Section 4-Pruning after Installation
    A.    General Pruning Requirements
    B.    Palm Pruning Requirements
    C.    Pruning Exemptions
    Section 5-Irrigation
    CHAPTER G - ENFORCEMENT
    Section 1-Purpose
    Section 2-Temporary Suspension of Landscape Standards
    A.    Performance Surety
    B.    Application Requirements
    Section 3 - Enforcement
    A.    Violations
    B.    Determining Extent of the Violation
    C.    Corrective Actions
    1.    Reparable
    2.    Irreparable/Irreversible Harm
    D.    Additional Sanctions
    E.    Follow-Up Compliance
    APPENDIX A – PBC’S PREFERRED SPECIES LIST – PLANT MATERIALS DATABASE, AS AMENDED
    APPENDIX B – CERTIFICATION OF COMPLIANCE


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Article 7
Landscaping

CHAPTER A     GENERAL

Section 1         Purpose and Intent

This Article provides general direction and establishes minimum standards related to the following: [Ord. 2018-002]

A.   Design principles to ensure compliance with the Managed Growth Tier System (MGTS); [Ord. 2018-002]

B.   Review process and decision making standards for the evaluation of Landscape Plans; [Ord. 2018-002]

C.   Requirements for buffers, interior, and other service areas of a property; [Ord. 2018-002]

D.   Standards for plant materials and other landscape barriers or structures; [Ord. 2018-002]

E.   Preservation of existing native vegetation, elimination of prohibited, and reduction of controlled plant species; [Ord. 2018-002]

F.   Installation and continued maintenance; and, [Ord. 2018-002]

G.   Enforcement of the Code requirements. [Ord. 2018-002]

Section 2         MGTS Compliance

Landscape design shall comply with the relevant MGTS characteristics in both plant material selection and overall landscape composition. [Ord. 2018-002]

A.   U/S Tier

Landscaping in the U/S Tier should have a higher level of detail and more structure, such as pedestrian accents, formal or meandering arrangements in perimeter landscape buffers, street tree plantings, and inter-connections between pedestrian and vehicular areas. The WCRAO, IRO, and URAO, among others, serve to promote urbanized forms of development that accommodate walk-ability and other attributes of the urban environment. Greater flexibility and alternative landscape solutions are available to promote development within the boundaries of these areas. [Ord. 2010-005] [Ord. 2010-022] [Ord. 2014-025] [Ord. 2018-002]

B.   AGR and Glades Tiers

Landscaping in the AGR and Glades Tiers should consist of large open spaces with equestrian and agricultural elements, and an increased percentage of native plant species. [Ord. 2018-002]

C.   Exurban and Rural Tiers

Landscaping in the Exurban and Rural Tiers should incorporate more informal design patterns that include: reduced impervious areas; preservation of native vegetation; and, more naturalistic landscaped areas. Non-residential uses shall accommodate increased amounts of landscape materials in the parking areas and building foundation plantings. [Ord. 2009-040] [Ord. 2018-002]

Section 3.        Landscape Design Principles

This Section establishes standards for landscape design. It is the intent of this Article to encourage creativity in landscape design while providing general direction and criteria for the evaluation of a specific type of plan: Planting, Landscape, or ALP in order to issue a Landscape Permit. The following design principles are general standards to be applied by the Applicant, and used by the DRO and other County Agencies in evaluating whether the proposed Landscape Plans are in compliance with the requirements of this Article: [Ord. 2009-040] [Ord. 2018-002]

A.   Appearance and Composition

To improve the aesthetic appearance of development through creative landscaping that helps to enhance the natural and built environment. [Ord. 2018-002]

The quality of landscape design is dependent upon the quantity, selection, and arrangement of plant materials. Landscape materials should be designed in a manner as to provide the following qualities and characteristics: [Ord. 2018-002]

1.   Texture

Landscape designs should provide a textured appearance through the use of a variety of plant materials with varying leaf sizes, textures, and height. Formal landscape designs benefit from a uniform spacing of plants, whereas varied spacing and clustering of trees is more compatible with a naturalistic design. [Ord. 2018-002]

2.   Color

Landscape designs should include a variety of plants that provide contrasting colors. Designs should include a mix of plants that flower throughout the year. [Ord. 2018-002]

3.   Form

Landscape designs should consider the complete three-dimensional form of the landscaping, not simply the form of individual elements. The interrelationship of all landscape elements, whether they are plant materials, shade structures, pavement, and amenities should be considered so that the final design presents a coherent whole. Trees, shrubs, and hedges, especially those used for screening and buffering, should display a fullness at maturity that is typical of the species. [Ord. 2018-002]

B.   Environmental Quality

To improve the environment by maintaining permeable land area essential to surface water management, reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of vegetation, promoting energy conservation through the creation of shade, and reducing heat gain in or on buildings or paved areas. [Ord. 2018-002]

1.   Energy Conservation and Sustainable Design

Attention should be given to locating landscape elements in a manner that provides energy conservation benefits. Landscape designs should also consider natural drainage features and the use of pervious surfaces and areas to minimize runoff.

C.   Water Conservation

To promote water conservation by encouraging: the installation of native and drought-tolerant plant materials in appropriate areas; the use of water conserving irrigation practices; and, the adherence to landscape installation standards and maintenance procedures that promote water conservation. [Ord. 2018-002]

1.   Use of Native and Drought Resistant Plants

Landscape designs should feature native plant species, especially in areas adjacent to existing native vegetation. Where feasible, the re-establishment of native habitats should be incorporated into the landscape design. The use of drought-tolerant plants should enrich the existing landscape character, conserve water and energy, and provide as pleasant and varied a visual appearance as plants that require more water. [Ord. 2018-002]

D.   Preservation of Existing Native Vegetation and Removal of Prohibited Plant Species

To encourage the preservation and planting of native vegetation as part of landscape design and eradicate prohibited species. [Ord. 2018-002]

1.   Incorporation of Existing Vegetation

Landscape designs should incorporate and enhance existing specimen trees and native vegetation. Particular care should be given to preserve intact natural landscapes. Where previous landscaping has dramatically altered natural landscapes, new designs should seek to re-establish natural landscape patterns and plantings. Landscape designs should also include the eradication of prohibited plant species that have become nuisances because of their tendency to disrupt or destroy native ecosystems. [Ord. 2018-002]

E.   Compatibility

To promote efficiency in the development of limited land resources by improving the compatibility of adjacent incompatible land uses, particularly residential development that is adjacent to non-residential development, through the use of landscape buffers. [Ord. 2018-002]

1.   Buffering and Screening

Whenever possible landscape materials should be utilized to provide a spatial transition between different land uses, buffering between adjacent properties, and screening for parking, storage areas, or other service areas. Plants may be used with fences, walls, or berms to achieve the desired screening or buffering effect. Plant material should be mature enough at the time of planting to provide an effective buffer or screen, and should be planted in an appropriate location to allow for desired growth within a reasonable period of time. [Ord. 2018-002]

F.   Quality Pedestrian Environment

In the U/S Tier, as well as pedestrian-oriented development types such as TDDs, landscape designs should give special attention to ensuring a safe and visually pleasant pedestrian environment. In high activity areas, such as commercial and workplace areas, benches, kiosks, artwork, and other streetscape elements should be incorporated into landscape designs. Pedestrian access to sidewalks or buildings should be considered in all landscape designs. Landscaping shall not obstruct pedestrian sightlines, especially at crosswalks. [Ord. 2018-002]

G.   Enhancing Architecture

Landscape designs should be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape. Plant material shall be installed at an appropriate size and allowed to accomplish these intended goals. When foundation planting is required, plantings and planters should incorporate artistic elements and be compatible with a building’s architectural character. [Ord. 2018-002]

 

Figure 7.A. – Visual Interest for Pedestrian and Vehicular Traffic

Figure 7.A. – Streetscape Elements

Sidewalk with trees

Sidewalk with clock

Meandering sidewalks flanked by well composed curvilinear landscaping can add visual interest for pedestrian and vehicular traffic. [Ord. 2018-002]

Effective use of landscaping to frame the sidewalk and buffer the pedestrians from the street. Streetscape elements such as benches and potted plants enhance the pedestrian experience.

CHAPTER B     APPLICABILITY AND APPROVAL PROCESS

Section 1         Applicability

The provisions of this Article shall be considered minimum standards and shall apply to all new development unless stated otherwise herein. [Ord. 2018-002]

A.   Relation to Art. 14.C, Vegetation Preservation and Protection

Landscape requirements shall also be consistent with the standards of Art. 14.C, Vegetation Preservation and Protection, nothing in this Article shall be applied to contradict these requirements. [Ord. 2018-002]

B.   Exemptions

The following developments are exempt from the standards and requirements of this Article:

1.   Enlargement or repair of a Single Family dwelling unit, two-unit Townhouse, or two-unit Multifamily structure on a single lot.

2.   Parking areas located within an enclosed parking structure.

3.   Bona Fide Agriculture uses, unless stated otherwise in Art. 4.B.6, Agricultural Uses. Where the property has a use that is classified as Bona Fide Agriculture, with agricultural activities or accessory agricultural uses, the Property Owner shall provide a six-foot-high hedge along the frontage of the property where it is abuts a public street R-O-W. [Ord. 2018-002]

4.   Uses such as airports, major utilities, and stockades which have planting requirements regulated by Federal or State law. Off-site planting of required landscaping may be approved in areas where there is a direct public benefit, such as in schools, parks, libraries, streets, and medians.

5.   Projects in the Glades Area Economic Development Overlay (GAO) that have provided in-lieu funds to the Glades Thoroughfare Beautification Fund.

6.   Community Vegetable Gardens located in the WCRAO or CCRT Areas, unless stated otherwise in Art. 4.B.6.C, Definitions and Supplementary Use Standards for Specific Uses. [Ord. 2019-005]

C.   Public Park Exception or PO Deviations

Deviations or Exceptions from the minimum standards of this Article may be permitted as follows: [Ord. 2019-005]

1.   Public parks, as specified in Art. 5.D.2.G, Public Park Landscape Standards; and [Ord. 2006-004] [Ord. 2007-013] [Ord. 2018-002] [Ord. 2019-005]

2.   Development supporting government facilities within the PO Zoning District, subject to Art. 2, Application Processes and Procedures and PPM #ZO-O-063, as applicable and as amended. [Ord. 2006-004] [Ord. 2007-013] [Ord. 2019-005]

D.   Overlay Exceptions

Modifications of the requirements of this Article may be permitted pursuant to Art. 3.B.14.J, WCRAO Landscape Modifications, Art. 3.B.15.F.11, Landscape Standards in the IRO, and Art. 3.B.16.F.10, Landscape Standards in the URAO. [Ord. 2018-002]

Section 2         Definitions

See Art. 1.H, Definitions and Acronyms.

Section 3         Approval Process for Landscape Plans

Approval process for Landscape Plans shall be subject to the requirements pursuant to Art. 2, Application Processes and Procedures. [Ord. 2016-042]

 

An Applicant may request review for compliance with this Article concurrent with an application that requires approval by the BCC, ZC, or DRO by submitting Preliminary or Final Landscape Plans. Final Landscape Plans shall be part of the Building Permit application unless a Condition of Approval requires Landscape Plans to be submitted at Final Approval by the DRO. An application for a Landscape Plan Review shall be submitted directly to the Zoning Division, and shall comply with the following requirements: [Ord. 2018-002]

A.   Submittal Requirements

If the application is submitted at BCC, ZC, or DRO, the application shall consist of the appropriate forms as established by the Zoning Division, otherwise the application shall be included as part of the Building Permit application. The Plans shall be prepared in accordance with Art. 2, Application Processes and Procedures, the Zoning Technical Manual, and shall comply with applicable Code requirements and Conditions of Approval. [Ord. 2018-002]

B.   Review of Landscape Plans

Landscape Plan applications shall be submitted to the DRO, and if applicable, the DRO will review in coordination with ERM and other County Agencies. [Ord. 2018-002]

C.   Issuance of Landscape Permits

When all requirements are satisfied, the DRO shall issue a Landscape Permit referencing the approved Landscape Plan(s) associated with the permit in addition to any necessary inspections, Conditions of Approval, and maintenance obligations. The permit shall be maintained on site until the Final Landscape Inspection is signed off by the DRO. A copy of the Landscape Permit shall be maintained in the associated official Building Permit record, as well as the Zoning Division file. [Ord. 2009-040] [Ord. 2018-002]

D.   Landscape Inspections

Unless otherwise stated in this Article, all developments subject to this Article may be inspected by PZB prior to and after installation of required landscaping. Required landscaping shall be approved by PZB prior to the issuance of a CO, or Certificate of Completion, whichever occurs first. Various types of Landscape Inspection shall be conducted at different stages of the development, as follows: [Ord. 2018-002]

1.   Types of Landscape Inspection

a.   Preliminary Inspection – required to verify existing grades, vegetation, and necessary site preparation has been completed prior to any plant material being installed on the site to comply with the Landscape Permit; [Ord. 2009-040] [Ord. 2018-002]

b.   Final Inspection – required as part of the typical Building Permit process to ensure landscape material, irrigation, and Conditions of Approval on a Development Order are in compliance prior to final sign off that the landscape is completed and installed in accordance to the Landscape Permit. [Ord. 2009-040] [Ord. 2018-002]

c.   Annual Inspection – scheduled on the one-year anniversary date from the date of the Final Inspection noted on the Landscape Permit. Inspection shall be performed to ensure all landscape and irrigation continually complies with the Landscape Permit. If material or irrigation is missing, dead, or damaged the Property Owner shall be provided with a Notice to Correct, pursuant to Art. 10, Enforcement. [Ord. 2009-040] [Ord. 2018-002]

d.   Monitoring Inspection – performed in response to a complaint or Code Enforcement case as it relates to vegetation violations (e.g. missing or damaged plant material or changes to the landscape not previously approved in accordance with the Landscape Permit). [Ord. 2009-040] [Ord. 2018-002] [Ord. 2020-001]

E.   Certification of Compliance

In addition to Final Inspection and certification by PZB, the Applicant shall submit a Certificate of Compliance to the PZB as a condition of issuance of a CO or Certificate of Completion. This Certificate shall be prepared and signed by a Landscape Architect licensed by the State of Florida and demonstrate that all of the provisions of this Article have been met. The certification statement, included in this Article, as Appendix B, Certification of Compliance, shall be made part of the documentation in the official Building Permit file. [Ord. 2009-040] [Ord. 2018-002]

1.   Field Verification of Certification

PZB may elect to conduct a field inspection to verify the Certificate of Compliance. [Ord. 2018-002]

2.   Acceptance of Certification

If no field verification is conducted by PZB within 30 days, the Certificate of Compliance shall be deemed to have been accepted provided it is complete with all the required information. Upon acceptance, the Certificate of Compliance shall be filed and maintained with the official records of the development. [Ord. 2018-002]

F.   Optional Special Certification

In lieu of the Landscape Inspections and certification by PZB, the Applicant may submit a request for a Special Certificate of Compliance to the Zoning Director, and on a form established by the Zoning Division. [Ord. 2018-002]

1.   Special Certification Procedures by the Applicant:

a.   The Applicant shall employ a Landscape Architect licensed in the State of Florida, or a qualified professional as authorized by F.S. ch. 481, pt. II, as amended. The Landscape Architect or qualified professional shall perform the following: [Ord. 2018-002]

1)   Be familiar with the Final Landscape Plans approved by the DRO; [Ord. 2018-002]

2)   Conduct inspections of the site; [Ord. 2018-002]

3)   Certify that landscaping was properly installed and meets all requirements of the Code or Conditions of Approval. The Certificate shall be signed and sealed by the Landscape Architect or qualified professional; [Ord. 2018-002]

4)   Understands that any misrepresentations or misstatements in the Special Certificate of Compliance shall constitute a violation of this Article and of State law; and, [Ord. 2018-002]

5)   Understands that any misrepresentations or misstatements in the Special Certificate of Compliance may also become the grounds for professional disciplinary action pursuant to State law. [Ord. 2018-002]

b.   The Applicant shall submit the completed Special Certification Form with the approved Landscape Plans to the PZB prior to issuance of a Building Permit, Paving Permit, a CO, or a Certificate of Completion, whichever is applicable. [Ord. 2018-002]

2.   Verification of Special Certification by PZB

PZB may, at its option, conduct a Landscape Inspection to verify representation made in the Special Certificate of Compliance. [Ord. 2018-002]

3.   Acceptance of Special Certification

If no verification is conducted by PZB, the Special Certificate of Compliance shall be deemed to have been accepted. Upon acceptance by PZB, the Certificate of Compliance shall be filed and maintained with the official records of the development. [Ord. 2018-002]

Section 4         Type 1 Waiver for Landscaping

An Applicant may seek minor modifications to the requirements of this Article that are identified in Table 7.B.4.A, Type 1 Waivers for Landscaping. Any requirements that are not listed herein may be eligible to be modified through other applicable processes pursuant to Art. 2, Application Processes and Procedures. The Applicant shall demonstrate in the Justification Statement and provide supporting documents that Art. 2.C.5.F.3, Standards for a Type 1 Waiver, and the applicable Criteria in the following Table have been met. [Ord. 2007-001] [Ord. 2016-042] [Ord. 2018-002]

A.   Applicability

Type 1 Waiver for Landscaping shall not be combined with other Variance requests for the same requirements. [Ord. 2018-002]

 

Table 7.B.4.A – Type 1 Waivers for Landscaping

 

Article/Table Reference and Title

Maximum Waiver

Criteria

 

R-O-W Buffer

 

Table 7.D.4.D, Location of Wall or Fence in a Landscape Buffer, Canopy Tree Planting for R-O-W Buffer

Allow a reduction of 25 percentage of required Canopy trees to be located on the exterior side of the wall or fence for R-O-W Buffers.

·   Since a wall or fence is not a requirement for a R-O-W Buffer, the Applicant shall demonstrate in the request that the proposed wall or fence is an integral design component for security or aesthetic purpose.

·   The required trees shall be located on both sides of the wall or fence.

 

Incompatibility Buffer

 

Art. 7.C.2.C.1, Elimination of Incompatibility Buffer

Allow to eliminate the requirement of an Incompatibility Buffer for Residential Pods in a PDD or tracts within a residential subdivision.

·   The pod or tract is located adjacent to open space that is 100 feet or greater in width; or

·   The site layout of the pod or tract will integrate recreational amenities with Multifamily units and CLFs.

 

Table 7.D.4.D, Location of Wall or Fence in a Landscape Buffer, Canopy Tree Planting for Incompatibility Buffer

Allow a reduction of 25 percent of required Canopy trees to be located on the exterior side of the wall or fence for Incompatibility Buffers.

·   The Applicant shall demonstrate in the request that the proposed wall or fence is an integral design component for security or aesthetic purpose.

·   The required trees shall be located on both sides of the wall or fence.

 

Berm

 

Art. 7.D.6.A, Berm Tier Restrictions

Allow landscape berms within the Exurban, Rural, Agricultural Reserve, or Glades Tiers.

·   Berms are utilized to improve screening of loading, parking, or vehicular use areas, and to address compatibility issues.

 

Foundation Planting

 

Table 7.C.3.B, Foundation Planting and Dimensional Requirements – Façades to be Planted

Allow a 50 percent relocation of required foundation planting.

·   The foundation planting shall be relocated to another façade of the same building or structure, or to an expanded sidewalk that is located within 30 feet of the same building or structure;

·   The relocated foundation planting shall have the minimum planting width; and,

·   The overall total square feet for the foundation planting meets or exceeds the required foundation planting.

 

Landscape Islands and Parking Structures

 

Table 7.C.4.A, Landscape Island and Divider Median – Planting and Dimensional Requirements, Landscape Island Width

Allow the reduction of width of landscape island to five feet excluding curbs.

·   For infill sites with less than 25 parking spaces.

 

Table 7.C.4.A, Landscape Island and Divider Median – Planting and Dimensional Requirements, Divider Median Shrub Planting

Allow relocation of shrubs from divider medians to other areas of the site.

·   For industrial developments that do not have significant public visitation and the nature of the use does not benefit for interior plantings in parking areas.

 

Art. 7.C.4.A.1, Landscape Island Maximum Spacing

Allow to increase the number of spaces or distance to provide larger interior islands.

·   To allow existing vegetation to be preserved or existing vegetation to be relocated within parking areas.

 

Art. 7.C.4.F, Parking Structures

Allow perimeter planter requirement be altered if the planters are in conflict with the architectural design of the parking structure.

·   The Applicant is required to submit architectural elevations of the parking structure for Staff review and evaluation.

·   The required planting for the planters shall be relocated to other areas of the same property where the parking structure is located.

Art. 7.C.5.A.1, Underground Easement – Relocation of Trees

Allow required trees to be relocated on the same site. [Ord. 2018-018]

·  There is no reduction in the total quantity of the required trees; [Ord. 2018-018]

·  A maximum of ten percent of the required trees within the same buffer may be relocated; and, [Ord. 2018-018]

·  The Applicant shall identify on the Alternative Landscape Plan the new location of the tree(s) and whether root barrier will be utilized for the tree. [Ord. 2018-018]

Art. 7.C.5.B, Easements in On-Site Parking Areas – Existing Utilities

Allow existing easements to overlap the landscape islands. [Ord. 2018-018]

·  The Applicant shall provide documentation from the utility easement holder that the easement(s) are recorded, and are not subject to a change in the location; [Ord. 2018-018]

·  The Applicant may utilize a small tree or a palm to satisfy the Canopy tree requirement. If the minimum separation between the tree and the utilities cannot be met, the required tree in the island may be relocated within the same site; [Ord. 2018-018]

· The minimum percentage of Canopy tree pursuant to Table 7.C.4.A, Landscape Island and Divider Median – Planting and Dimensional Requirements, may be reduced to 50 percent and palms may be increased up to 50 percent, and, [Ord. 2018-018]

· The Applicant shall identify on the Alternative Landscape Plan the new location of the tree(s) and whether root barrier will be utilized for the tree. [Ord. 2018-018]

[Ord. 2005-002] [Ord. 2012-027] [Ord. 2014-025] [Ord. 2015-031] [Ord. 2016-016] [Ord. 2016-042] [Ord. 2017-007] [Ord. 2018-002] [Ord. 2018-018] [Ord. 2019-005]

 

B.   Pre-Application Appointment (PAA) for a Type 1 Waiver

The Applicant shall be required to schedule and attend a PAA with the Zoning Division Staff to review and discuss preservation of existing vegetation, possible design alternatives, and any Waivers that may be requested as part of the application. [Ord. 2007-001] [Ord. 2016-042] [Ord. 2018-002]

C.   Alternative Landscape Plan (ALP)

The Applicant shall submit an ALP to the DRO to graphically depict the proposed Type 1 Waiver request(s). The DRO may allow the alternative designs or Waiver requests be incorporated on a Site or Subdivision Plan or any other types of Zoning Plan in lieu of the ALP. Upon the approval of the Type 1 Waiver(s), the Applicant shall finalize the ALP as Final Landscape Plans, and shall include it as part of the Building Permit Review, if applicable. [Ord. 2018-002] [Ord. 2020-001]

Section 5         Vegetation Removal and Replacement

For the purpose of this Section, the term vegetation shall include tree(s), palm(s), and pine(s). Vegetation that is required to be planted on a property per Code requirements or through a Condition(s) of Approval shall not be removed without first applying for and being issued a Vegetation Removal and Replacement Permit. Removal of vegetation without a valid permit shall be considered a violation of the Code or the DO, unless otherwise exempted by F.S. [Ord. 2019-005] [Ord. 2020-001]

A.   Exception

The following exceptions shall apply to parcels with residential uses: [Ord. 2020-001]

1.   No permit is required for a Single Family residence as long as the minimum required vegetation is maintained in accordance with standards set forth in Table 7.C.3.A, Interior Landscaping Requirements. [Ord. 2020-001]

2.   Residential properties may be exempt from permitting requirements in accordance with F.S. § 163.045. Residential properties are properties that are developed with a residential use and may be located within either a residential or non-residential zoning district. [Ord. 2020-001]

B.   Approval Process

An Applicant may request the removal of existing vegetation by submitting an application to the Zoning Division, and subject to the following procedures: [Ord. 2019-005] [Ord. 2020-001]

1.   Pre-Application Site Meeting

Prior to the submittal of an application, the Applicant shall schedule an on-site meeting with Staff of the Permit/Landscape Review Section of the Zoning Division to discuss and inspect the vegetation that is proposed to be removed. Staff shall determine whether the vegetation is eligible for removal based on the standards listed below. If the vegetation is eligible for removal, Staff shall provide the Applicant a Vegetation Removal and Replacement Application to be completed for submittal. [Ord. 2019-005] [Ord. 2020-001]

2.   Application Submittal Requirements

The Applicant shall submit the application to the Permit/Landscape Review Section. The application shall include a Justification Statement providing the reason for the proposed removal of the vegetation. The Applicant shall also submit either a Final Site, Subdivision, or Regulating Plan, or a Survey of the subject property. The Applicant shall identify the following: species, size, and location of the vegetation to be removed; and the required replacement of the vegetation and their proposed species, size, and location. [Ord. 2019-005] [Ord. 2020-001]

3.   Application Review and Final Decision

Staff shall review the application utilizing the Standards for Removal that are listed below to consider whether to approve or deny the request. A Vegetation Removal and Replacement Permit shall be issued upon the approval of the application. The DRO may approve, approve with a Condition of Approval, or deny the request. [Ord. 2019-005] [Ord. 2020-001]

4.   Standards for Removal and Replacement

In reviewing an application for Vegetation Removal and Replacement, Staff shall consider the following standards to determine whether the removal permit is granted: [Ord. 2019-005] [Ord. 2020-001]

a.   The Applicant’s justification for the removal; [Ord. 2019-005]

b.   The site condition of the area where the existing vegetation is located, and whether the location has easement overlap or proximity of the vegetation to the overhead electric utilities; [Ord. 2019-005] [Ord. 2020-001]

c.   The health condition of the vegetation; or, [Ord. 2019-005] [Ord. 2020-001]

d.   Any valid safety concerns that may arise if the removal of the vegetation is not allowed. [Ord. 2019-005] [Ord. 2020-001]

C.   Replacement

All replacement of vegetation, shrubs, landscape barriers, and ground treatment shall be in compliance with Art. 7.E.3, Credit and Replacement, unless stated otherwise in Art. 7.B.1.B, Exemptions. [Ord. 2019-005] [Ord. 2020-001]

D.   Timeline

Staff shall indicate the timeline of removal and replacement of the tree on the permit to ensure the replacement of the tree is done in accordance with the approval. The permit is valid for six months from the date of issuance. Failure to comply with the permit requirements, which include the established dates or any imposed Conditions of Approval, shall result in enforcement action, pursuant to Art. 7.G, Enforcement. [Ord. 2019-005] [Ord. 2020-001]

E.   Inspection

The Applicant shall contact Staff when the trees are removed, and Staff shall schedule a site inspection to confirm that the trees have been removed, and that any required replacement of trees have been installed in conformance with the permit. [Ord. 2019-005]

CHAPTER C     LANDSCAPE BUFFER AND INTERIOR LANDSCAPE REQUIREMENTS

Section 1         General

Landscaping requirements shall include the perimeter and interior buffers, interior landscaping along the building façades, in parking lots, vehicular use areas, and any other pervious surface areas. This Chapter also addresses other requirements that may impact the establishment of a buffer or interior planting, which includes easement encroachment, retention areas, corner clips, and safe sight distances. In addition, specific requirements are established for Large Scale Commercial Development. [Ord. 2018-002]

Section 2         Types of Landscape Buffer

There are three types of landscape buffers: Right-of-Way (R-O-W); Compatibility; and, Incompatibility Buffers. Landscape requirements for each type of buffer shall be provided in accordance with the following standards, unless stated otherwise herein. [Ord. 2018-002]

 

Figure 7.C.2 – Buffer Type Detail