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HomeMy WebLinkAbout05-01-2018 NRB Agendacmcf SEAT" HOME OF PELICAN ISLAND NATURAL RESOURCES BOARD AGENDA REGULAR MEETING TUESDAY, MAY, 2018 - 6:00 P.M. 1225 MAIN STREET, SEBASTIAN, FL "To improve the quality of life in Sebastian by nurturing the balanced relationship between our citizens and our environment by protecting, preserving and promoting our natural resources" 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES — ACTION ITEM APRIL 3, 2018 Meeting Minutes 5. ANNOUNCEMENTS a. Open Positions on the NRB 6. GUEST SPEAKER a. Stephanie Fonvielle, Recycling Education and Marketing Coordinator for the Indian River County Solid Waste Disposal District 7. PUBLIC INPUT 8. NEW BUSINESS a. Board approval to make the Native Landscaping Ordinance a primary focus of meetings moving forward— ACTION ITEM b. Board approval to make the Sustainable Business Initiative (reduction in plastic waste) a primary focus of meetings moving forward- ACTION ITEM 9. OLD BUSINESS Item A. Earth Day/Arbor Day Celebration 2018 I. An overview of our successful event and a 'thank you" to our volunteer groups. — presented by Kimberly Jones Item B. Role of Natural Resources Board I. Guest Speaker Schedule- Encourage Board Members and residents to seek guest speakers which provide input towards our primary initiatives. 8. MEMBER MATTERS a. There will be no meeting on Tuesday. June 5'h due to a CRA public workshop 10. ITEMS FOR NEXT AGENDA: a. Native Landscaping Ordinance Compare/Contrast- material included in this month's aaenda packet for Board Member Review- b. Sustainable Business Initiative 10.ADJOURNMENT ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F. S). IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODA TIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. TWO OR MORE ELECTED OFFICIALS MAYBE IN ATTENDANCE. MIX SEBASTIAN HOME OF PELICAN ISLAND Council Meetina Date: Agenda Item Title: Recommendation: Backaround: NATURAL RESOURCES BOARD AGENDA TRANSMITTAL FORM May 1, 2018 4. April 3, 2018 Meeting Minutes Submitted for Board Member Approval If Aqenda Item Requires Expenditure of Funds: Total Cost: n/a Attachments: 1. Natural Resource Board, Minutes of Regular Meeting, April 3, 2018 City Manager Authorization: Date: CITY OF SEBASTIAN NATURAL RESOURCES BOARD MINUTES OF REGULAR MEETING APRIL 3, 2018 1. Ms. Mosblech called the Natural Resources Board Meeting to order at 6:00 p.m. 2. Pledae of Alleaiance was recited by all. 3. Roll Call: Present: Ms. Mosblech Mr. Gordian Mr. O'Neill Ms. Glaser Mr. Stadelman Mr. Van Hoffman Also Present: Kimberly Jones, Environmental Technician Margarita Hernandez, Parks Administrator Janet Graham, Technical Writer 4. Approval of Minutes: -- February 6, 2018 Meeting Minutes A motion to approve the February 6, 2018 Minutes as presented was made by Mr. Stadelman, seconded by Mr. O'Neill and passed unanimously by voice vote, with Mr. Van Hoffman abstaining. 5. Announcements: A. Jason Van Hoffman, New Natural Resources Board Member Ms. Mosblech introduced and welcomed Mr. Van Hoffman to the Board. B. Open Positions on the Natural Resources Board Ms. Jones announced there are currently one regular position available as well as two alternate positions which are currently being advertised on the website. Natural Resources Board Meeting Minutes of April 3, 2018 6. Public Inout: Page 2 Jane Schnee, Sebastian, former NRB board member, member of the Audubon Society and Friends of the San Sebastian River (FSSR), stated that, although the landscape ordinance was not on the agenda for this meeting, she is going to be out of town when the next meeting is scheduled and wanted to speak about it now. She is concerned about the non-native plants and grasses that are being put in with new developments, both residential and commercial. She described a model ordinance that the Florida Native Plant Society has proposed. She talked about how having so much grass that requires weed killers, fertilizers, etc. is damaging the habitat. She mentioned bird species that are facing extinction due to loss of habitat and the reduction of pollinating species because of loss of native plants. She passed out to the Board a brochure listing the plants that are considered invasive by the FLEPPC in the State of Florida. She mentioned that if the landscape ordinance is going to be revised, consideration might be given to rain gardens for retaining runoff. Bob Stephen, 150 Concha Drive, gave three magazines to the Board for their review and stated they give an example of what a sustained yard looks like. He stated the City of Miami has changed its landscape ordinance radically, with no pesticides or herbicides downtown, and is requiring a certain number of trees and more drainage. He pointed out that the brown tide, which is toxic algae, is coming this way right now. He mentioned actions his group, Friends of San Sebastian River, is taking to encourage the public to invest in sustainable landscapes. They are also planning seminars to educate the public on how to treat their septic systems. He offered their cooperation with the NRB in their endeavors and stated his group would be attending the Earth Day celebration with literature. Mr. Stephen and his organization are concerned about the spraying of glyphosate in City waterways for control of aquatic invasives. Mr. O'Neill agreed that glyphosate (Roundup) is a serious problem. Ms. Mosblech stated that she had read where The Moorings have started to put native plants along the waterways. 7. New Business: None. 8. Old Business: A. Earth Day/Arbor Day Celebration 2018 Natural Resources Board Page 3 Meeting Minutes of April 3, 2018 Ms. Glaser announced this is the 48th annual Earth Day. The date is April 21, 2018, and the celebration will be from 9:00 a.m. to 4:00 p.m. at Riverview Park. She stated the focus for this year is on mobilizing the world to end plastic pollution, eliminate single -use plastics along with global regulation for the disposal of plastics. A lot of the vendors are going to be providing information on plastics and doing activities in their booths. She has, as of today, 50 vendors signed up and will be accepting vendor applications until the day of the event. The layout for the park is the same as last year. She reviewed the planning that has taken place. SEE ATTACHED. There was a meeting with the City a week or so ago, and everything that is needed was reviewed. She voiced the need for volunteers to man the NRB booth. Ms. Mosblech volunteered. She said volunteers are still needed to oversee the gopher tortoise tunnel, the pinecone and rock -painting table, the scavenger hunt, and someone for the raffle booth. Mr. Stadelman suggested contacting the Rotary Club and some of the high school groups for volunteers. Mr. Van Hoffman volunteered to oversee the rock painting. Ms. Glaser also showed the poster that Mr. Van Hoffman has donated to post in various locations advertising the event. Mr. Stadelman volunteered to oversee the gopher tortoise tunnel. Ms. Mosblech volunteered to help with the scavenger hunt. Mr. Stadelman inquired if there are any local breweries invited, and Mr. Gordian said that, since this is a City event, there is no alcohol permitted. Ms. Glaser stated the email address is nrbearthdavCc)-amail.com, and she would like any information on volunteers, etc. to be submitted through that email address. The Mayor is going to do the opening ceremony at 9:00 a.m. The Board agreed to have a Gopher Tortoise Proclamation again this year. Ms. Mosblech brought up the idea of promoting non -plastics such as straws and utensils. Ms. Glaser suggested having a setup in the NRB booth as an example of what can be used instead of plastic. She stated she would notify the vendors about this idea. Discussion was had regarding advertising the event, such as NPR, contacting the advertisers, and the Calendar of Events website in Vero Beach. Ms. Glaser asked for a motion to provide funds for the event. Mr. Stadelman made a motion, seconded by Mr. O'Neill, to approve a budget of $500.00 for the event. Motion carried unanimously by voice vote. The Board thanked Ms. Glaser for her hard work. B. Role of Natural Resources Board Community Oyster Garden Project at Working Waterfront update. Ms. Jones reported on the Community Oyster Garden Project. SEE ATTACHED. Natural Resources Board Meeting Minutes of April 3, 2018 ii. Guest Speaker Schedule. Page 4 May 1, 2018. Stephanie Fonvielle, Recycling Education and Marketing Coordinator for the Indian River County Solid Waste Disposal District, 9. Member Matters: Mr. Stadelman suggested a moment of silence to remember the victims in Parkland, Florida. 10. Items for Next Aoenda: A. Native Landscaping Ordinance Discussion B. Sustainable Business Initiative Mr. O'Neill stated studies show that Floridians generate two tons of waste per person annually but only recycle 28%, and that is something the Board should address at next month's meeting. 11. Adiourn: There being no further business, Ms. Mosblech adjourned the meeting at 6:58 p.m. BE Chairperson, Nicole Mosblech jg Date: Ma SE T �-" HOME OF PELICAN ISLAND NATURAL RESOURCES BOARD AGENDA TRANSMITTAL FORM Council Meetinq Date: May 1, 2018 Agenda Item Title: 10. a. Native Landscaping Ordinance Compare and Contrast Recommendation: Materials submitted for Board Member Review for a discussion of comparisons and contrasts for the next meeting on Tuesday, July 3, 2018 Backaround: If Agenda Item Requires Expenditure of Funds: Total Cost: n/a Attachments: 1. City of Sebastian's current Landscaping Ordinance 2. Indian River County's Current Landscaping Ordinance 3. Model Native Plant Landscape Ordinance Handbook City Manager Authorization: Date: City of Sebastian Landscaping Ordinance Page 1 of 9 ARTICLE XIV. - TREE PROTECTION AND LANDSCAPING • Sec. 54-3-14.1. - Applicability. (a) The minimum standards for landscaping set forth in this article shall be applicable to all new construction, as well as development activity otherwise requiring updated code compliance. (b) It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or historic tree situated on any real property or clear any lot or acreage located within the city without first obtaining a permit as provided within these provisions. (Ord. No. 0-05-18, § 1, 10-16-2005) Sec. 54-3-14.2. - Historic trees. The removal of a "historic tree", as designated by resolution of the city council, requires a removal permit approved by the city council; however, historic tree(s) determined to be a hazardous tree(s) by the city manager or his designee which requires immediate action may be removed. All reasonable measures and alternatives shall be explored to avoid the removal of a historic tree. (Ord. No. 0-05-18, § 2, 10-16-2005) P Sec. 54-3-14.3. - Mangroves. Mangroves shall not be removed except as provided by this section. Mangroves may be pruned provided that the pruning does not result in the death or decline of the mangrove and is in compliance with state law. A permit may be issued for the removal of a mangrove only to provide access to a dock or pier when there are no practical or permitable alternatives. (Ord. No. 0-05-18, § 3, 10-16-2005) Sec. 54-3-14.4. - Undesirable exotic vegetation. All undesirable exotic vegetation must be removed by the developer or property owner at the time of clearing, construction or redevelopment. Undesirable exotic vegetation shall not be used in any way to meet the tree or landscape requirements of the land development code. Undesirable exotic vegetation may be removed without a permit after receiving verification from the city manager or his designee. Under no circumstances shall any of the following five tree species be deliberately introduced into the city and planted on public or private property. Any such action shall be deemed a violation of this article and shall also be deemed a public nuisance. (1) Ear tree (Enterolobium Cyclocarpum). (2) Chinaberry (Melia Azedarch). (3) Australian Pine (Casuarina Spp). (4) Punk Tree or Cajeput Tree (Melaleuca Quinquernervia or Melaleuca Leuadendron). (5) Brazilian Pepper (Schinus Terebinthifolius). (Ord. No. 0-05-18, § 4, 10-16-2005) Sec. 54-3-14.5. - Suitable trees. The following trees shall be utilized in fulfilling the requirements of this article for planting or replacing trees: (1) Bald Cypress (Taxodium distichum). (2) Live Oak (Quercus mytifolia)—Not desirable to plant near septic tanks. (3) Laurel Oak (Quercus laurifolia)—Not desirable to plant near septic tanks. (4) Red Maple (Acer rubrum). (5) Slash Pine (Pinuls elliottii). (6) Southern Magnolia (Magnolia grandiflora). (7) Southern Red Cedar (Juniperns silicicola). (Ord. No. 0-05-18, § 5, 10-16-2005) Sec. 54-3-14.6. - Tree protection standards. (a) Application before certain activities; provision of homeowner's packet; replacement of certain trees. Prior to grubbing, land clearing or removing any protected trees within the city limits of Sebastian, a person shall make application to the city for the appropriate permit. City of Sebastian Landscaping Ordinance Page 2 of 9 The department shall provide to each permit applicant a "homeowner's packet" that includes, at a minimum, information and techniques relating to the protection of trees during land preparation for construction or construction activities. The owner of the lot must sign the application which acknowledges receipt of a "homeowner's packet" regarding tree protection. All protected and historic trees destroyed or removed without a permit shall be replaced by a tree with a minimum height of 12 feet. The cost of replacing unlawfully removed trees shall be incurred by the party responsible for the removal or destruction. (b) Tree protection barricades. Prior to development or construction activity, the developer shall erect suitable brightly colored tree protection barricades, a minimum four feet tall, around all trees to be preserved and shall remain in place until the construction activities are completed. The area within the tree protection barricade shall remain free of all building materials, dirt or other construction debris, vehicles and development activities. Barricades shall be erected at a minimum distance from the base of the trees to be preserved according to the following standards: (1) For trees ten inches or less DBH. Tree protection barricades shall be placed a minimum distance of five feet from the base of each tree to be protected. (2) For historic trees and trees greater than ten inches DBH. Protective barricades shall be placed at a minimum distance of ten feet from the base of each tree to be protected plus an additional one foot for each- additional inch DBH greater than ten inches. Changes to grade or construction of impervious surface or utilities within the required protective barricade shall be permitted subject to the following guidelines: a. Changes in grade or construction within the protected zone must be approved by the city manager or his designee prior to beginning construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees. b. Impervious surfaces shall maintain minimum clearance from the bases of all trees to be protected. Trees fifteen inches DBH or less shall have a minimum clearance of six feet. Trees over 15 inches DBH up to 20 inches DBH shall have a minimum clearance of nine feet. Historic and trees over 20 inches DBH shall have a minimum clearance of 12 feet. C. All roots outside the protective barricade to be removed during construction shall be severed clean. d. All pruning of historic and specimen trees shall be done by a qualified tree service during construction. (c) Restriction of attachments to trees. It shall be unlawful to attach anything to a protected, historic, or specimen tree other than supportive wires, braces or other similar noninjurious materials. (d) Removal of material or ground prohibited. It shall be unlawful to remove any material or ground within a ten -foot radius of any historic or specimen tree without a clearing permit. (e) Restriction as to harmful materials. The developer or property owner shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a protected, specimen or historic tree within the dripline of such tree or groups of trees. (Ord. No. 0-05-18, § 6, 10-16-2005) Sec. 54-3-14.7. - Tree removal, grubbing, and land clearing permits. (a) Grubbing. The application for a grubbing permit shall be filed with the city on forms furnished by the city manager or his designee. The application shall include a copy of the recorded deed indicating the current owner. The city shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. A grubbing permit does not authorize the removal of any protected, specimen, or historic trees, or mangroves. (b) Tree removal and land clearing permit. All lands within the city are required to obtain a permit for protected tree removal, grubbing or land clearing. The application for such a permit shall be filed with the building department on forms furnished by the city manager or his designee. Any applicant for a protected tree removal, grubbing or land clearing permit must submit a plot/site plan showing the location of all protected, specimen and historic trees and which provides the city with reasonable assurances of compliance with the minimum tree requirements and the protection of historic or protected trees or mangroves. The plot/site plan that is submitted with an application for a protected tree removal, grubbing or land clearing permit shall include as a minimum the following information: (1) City of Sebastian Landscaping Ordinance Page 3 of 9 Location of all present and proposed structures, driveways, parking areas and other planned areas. (2) Location and kind of all protected trees, all specimen trees and all historic trees. (3) Recorded deed indicating the current owner. (4) Species and size of trees to be removed. The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. The following criteria for removal of protected trees shall be used: a. Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements. b. Necessity to remove trees which present a hazard to structures or other improvements. C. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. d. The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales. e. Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. f. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. 9- Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: 1. Need for access around the proposed structure for construction equipment (maximum of ten feet). 2. Need for access to the building site for construction equipment. 3. Essential grade changes. h. Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources. i. Must be removed in order for the applicant to use the property for any use permitted, conditional or special use for the zoning district in which the property is located and that such a use could not be made of the property unless the tree is removed. Alternative site plans shall be considered to determine if the specimen trees can be saved without the removal or damaging of the trees. . That the conditions of the tree with respect to disease, danger of falling or interference with utility services is such that the public health, safety or welfare require its removal. When there is a question of tree hazard, the building director may require documentation or certification from an arborist who has been certified by the International Society of Arboriculture. Upon making a finding that a reasonable balance of the factors above indicates that the public interest is best served by allowing removal, the city manager or his designee shall issue a land clearing permit for the removal of a protected tree. The tree(s) approved for removal shall be replaced as follows: i. Protected trees : On a one -for -one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of eight feet and a minimum diameter of one and one-half inches or a circumference of 4.7 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. ii. Specimen trees: On a one -for -one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of 12 feet and a minimum diameter of two and one-half inches or a circumference of 7.8 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction. iii. City of Sebastian Landscaping Ordinance Page 4 of 9 Sabal palms (Sabal palmetto, cabbage palms) : Sabal palms having a clear trunk six feet or greater (measured from existing grade to bottom of lowest fronds) shall be replaced on a one -For -one basis by Sabal palms having at least six feet clear trunk, up to the number of trees required to meet the minimum tree requirements for new construction. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. Permitted activities may only be undertaken between the hours of 8 a.m. and 5 p.m., Monday through Friday, and not during holidays in which city hall is closed. In the event of questionable activities during other times, enforcement personnel shall order the activities to cease and desist until the matter can be resolved during regular business hours. (c) If any inspection of the site indicates the presence of gopher tortoises, the applicant shall be required to obtain the necessary permits from the State of Florida prior to issuance of a permit hereunder. (Ord. No. 0-05-18, § 7, 10-16-2005) Sec. 54-3-14.8. - Residential landscaping requirements. All areas of residential lots not covered by a building or impervious surface shall be grassed, sodded, seeded or fully covered with landscape rocks, except for landscaped areas including protected existing natural vegetation. Landscaped areas shall be mulched, rocked or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds, wetlands, or waterways are exempt from this requirement. Further, a yard may be exempted if the owner submits a landscape plan utilizing accepted principles of xeriscaping. (Ord. No. 0-05-18, § 8, 10-16-2005) Sec. 54-3-14.9. - Residential tree requirements. (a) Required trees. (1) All residential lots shall have the following minimum number of trees: Lot size (sq. ft.) 10,000 or less ..... 10,000 to 15,999 ..... 16,000 to 19,999 ..... 20,000 to 29,999 ..... 30,000 to 39,999 ..... 40,000 or more ..... Minimum number of trees -� Five trees Seven trees Twelve trees Fifteen trees -_-.._--- _.._...__�-_-._ .__._...,.� Eighteen trees Twenty trees (2) Required trees shall be equal to Florida grade number 1, or greater, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs. (3) Tree credits. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (a)(1) above. a. trees. Size (DBH in inches) 2-4 ..... Credit One tree City of Sebastian Landscaping Ordinance Page 5 of 9 i Over 410 ..... Over 1020 ..... Over 20 ..... b. Sabal Pahn trees may be utilized on a one -for -one credit basis. C. Two trees Three trees Five trees To encourage tree -lined streets, new trees, other than palms, planted in the front yard setback shall receive credits as outlined above. No more than two trees may be used for this requirement. d. Limitations . Citrus trees may be used, provided that none is less than four feet in height and the number shall not exceed three or comprise more than 25%, whichever is greater, of the required minimum number of trees on the lot. If palms are used, they shall constitute no more than 35% of the total tree requirement and shall have a minimum of six feet of clear wood. (b) Certificate of occupancy. The required number of trees shall be planted prior to the issuance of a certificate of occupancy for new residences. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of trees to comply with the requirements in this section. Any tree which dies must be replaced within 30 days. (c) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the city manager or his designee shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. (Ord. No. 0-05-18, § 9, 10-16-2005) Sec. 54-3-14.10. - Commercial tree requirements. All multifamily, commercial, industrial and institutional sites shall meet the following requirements. (1) Trees along public streets. One tree for each 25 lineal feet or fraction thereof along all public streets, with a minimum of two trees on any one street frontage. (2) Tree requirement along perimeter not adjacent to the right-of-way. One tree for each 35 lineal feet or fraction thereof of the perimeter of the property not adjacent to public streets. (3) Tree requirements for off-street parking areas. There shall be one tree for every five parking spaces or fraction thereof. (4) Tree specifications for open space. Open space shall include all required open space in this code, as identified in the approved site plan. Such open space areas shall not include water areas. This requirement may be modified or waived by the planning and zoning commission for open areas that are inappropriate for the introduction of trees. There shall be one tree per 2,000 square feet, or portion thereof, of open space. (5) Location of tree plantings. Trees, as required above, should be spaced in clusters or situated in strategic locations consistent with good principles of design and plant installation with consideration for utilities, stormwater management, and potential root damage to sidewalks and vehicular areas. (6) Credit for existing trees. Credit shall be granted for exceptional quality trees which are preserved on a site and which meet the tree requirements of any landscaping provision of this article. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in this section. a. Existing trees: Size (DBH in inches) Credit City of Sebastian Landscaping Ordinance Page 6 of 9 2—A ..... Over 4 10 ..... Over 10-20 ..... Over 20 ..... One tree Two trees Three trees Five trees b. Palm trees may be utilized on a one -for -one credit basis. Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree, vigorous health, large canopy cover, historic value, rareness, and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are in declining health. (Ord. No. 0-05-18, § 10, 10-16-2005) Sec. 54-3-14.11. - Commercial landscaping requirements. (a) General requirements for landscaped areas. Landscaped areas shall include a combination of the following types of materials: trees, shrubs, annuals and/or perennial plants, vines, and/or ground cover. No more than 50% grass shall be used in the landscape area. The use of existing native vegetation including ground cover, shrubs, and trees, is strongly encouraged. These standards shall also be used in conjunction with the installation of the required interior landscape off-street parking requirements established herein. The following are common planting design concepts that should be implemented whenever possible: (1) Trees used in informal groupings and rows at major focal points. (2) Extensive use of flowering vines both on walls and arbors. (3) The use of planting to create shadow and patterns against walls. (4) Trees to create canopy and shade, especially in parking areas. (5) The use of flowering trees in informal groups to provide color. (6) Informal massing of colorful plantings. (7) Use of distinctive plants as focal points. (8) Berms, plantings, and low walls to screen parking areas from view of public right-of-way while allowing filter views of larger buildings beyond. (9) The use of trees and plantings to reduce the apparent mass of a building. Inanimate materials commonly used in landscaping such as, but not limited to organic mulches, rocks, pebbles, walls and fences, but excluding paved surfaces, may also be utilized in landscaped areas. Pervious, decorative paving materials and brick pavers may be used in the form of walkways or driveways through landscaped areas; however, off-street parking area paved with such materials shall not be considered landscaped areas. All landscape areas shall be covered by a minimum of 75% living plant material prior to issuance of the certificate of occupancy. If an existing landscape strip is provided on the adjacent lot, the required landscape strip may be reduced to five feet in width upon the recommendation of the planning and growth management director and approval of the planning and zoning commission. (b) Perimeter landscape strip. A landscape strip shall be provided on the entire perimeter of all multifamily, commercial, industrial and institutional property, except properties with zero -foot setbacks. The landscape strip shall be a minimum of ten feet in width; however, property having a width or depth of 50 feet or less, the required landscape strip may be reduced to five feet in width. Necessary accessways from public rights -of -way or adjacent parcels through such landscape strip shall be permitted. Landscape strips located in easements may be adjusted upon the recommendation of the planning and growth management director and city engineer. Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. In all multifamily residential or commercial districts, the barrier, hedge, or landscape berm shall be a minimum of four feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along street City of Sebastian Landscaping Ordinance Page 7 of 9 rights -of -way shall be a minimum of three feet in height. In addition, there shall be a minimum of one shrub for each six lineal feet of the required landscape strip. Said shrubs may be planted in groupings. When the required perimeter landscape strip coincides with a required off-street parking or parking lot landscaping strip, the perimeter landscaping requirements shall prevail, except a continuous hedge shall be required. In no case shall a landscape strip be required to exceed ten feet in width. (c) Interior landscape requirements. (1) Off-street parking areas. Off-street parking areas shall be landscaped with a minimum of 15 square feet of landscape area for each parking space. Each landscape area shall be a minimum of 50 square feet in size. (2) Use of interior landscape strips. Interior parking landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area and to prevent cross space driving wherever possible. Landscaping dividing strips, with or without walkways, shall be used to subdivide parking areas into parking bays with not more than 30 spaces, provided that no more than 15 spaces shall be in an uninterrupted row. A portion of the required landscaping for interior parking spaces may be relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area. (d) Parking lot landscaping requirements. Landscaping shall be provided around the perimeter of off-street parking areas, loading areas, or other vehicular use areas pursuant to the following standards: (1) A landscape strip at least ten feet in width shall be located between the abutting property lines and parking, loading or other vehicular use area except where permitted driveway openings are to be provided. Where drainage or other utility easement exist along property lines, the landscape strip shall be located between the parking, loading or other vehicular use area and the utility or drainage easement. Landscape strips located in easements may be adjusted upon the recommendation of the planning and growth management director and city engineer. (2) A hedge shall be planted within the landscape area and shall be a minimum of three feet in height and form a solid and unbroken visual screen immediately upon planting. (3) Parked vehicles may overhang a landscape strip no more than 24 inches, provided curbing or other wheel stops are installed to insure no greater overhang of the landscape strip. Landscaping, walls, fences, and earthberms shall be so located as to prevent their damage and/or destruction by overhanging vehicles. (e) Specifications for living plant materials. (1) Trees. Immediately after planting, all trees shall be a minimum of eight feet in height, have a minimum diameter of one and one-half inches or a circumference of four and seven -tenths inches DBH, and shall have a minimum of five feet of clear trunk space if necessary to preserve a safe sight distance for traffic safety. Trees shall be of a species having an average mature crown of greater than 20 feet and having trunks that can be maintained with over six feet clear wood. Trees or palms having an average mature crown spread of less than 20 feet may be substituted by grouping the same so as to create the equivalent of a 20-foot crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein. Fifty percent of the trees shall be native and drought tolerant. If palms are used, they shall constitute no more than 35% of the total tree requirements for any provisions herein and shall have a minimum of six feet of clear wood. No tree species shall account for more than 50% of the total number of trees. (2) Shrubs and hedges. Shrubs and hedges shall be used to complement the tree planting. Individually planted shrubs shall be a minimum of 24 inches in height immediately after planting. Shrubs planted for required hedges shall meet the minimum height requirements as established herein immediately after planting. Additionally, whenever possible all shrubs and hedges shall be planted in offset rows in order to create a more immediate visual barrier. (3) Groundcovers. Groundcovers are plants that normally reach a mature height of no more than 24 inches. Rooted cuttings from Rats shall be planted no more than 12 inches on center, and containerized woody shrub goundcovers shall be planted no more than three feet on center. Groundcovers shall be planted in such a manner as to present a finished appearance and 100% coverage within one year after the issuance of the certificate of occupancy. (4) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens and walls to meet physical barrier requirements. City of Sebastian Landscaping Ordinance Page 8 of 9 (5) Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. When grass seed is sowed it shall be a variety of seed that produces complete coverage within 90 days from sowing. (6) Quality. All plant materials shall conform to standards for "Florida No. 1" or better, as stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part II (1975), State of Florida, Department of Agriculture and Consumer Affairs, as amended. Grass sod shall be clean and reasonably free of noxious pests or diseases. (7) Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this article. (f) Existing native vegetation. The site plan shall include a description of the existing, natural vegetation. The natural vegetation should be incorporated into the landscape plan. Where such natural vegetation is to be used, protective barriers shall be installed prior to land clearing. (g) Protection of landscape strips. All landscape strips shall be protected from vehicular encroachment by raised curbing. Where such strips abut parking stalls, raised wheel stops shall be required to protect the landscape strips. (h) Berms. Berms are encouraged for use in meeting the landscape barrier requirements of this article. If berms are utilized, they shall be landscaped with living plant material to achieve the required heights. (i) Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. (Ord. No. 0-05-18, § 11, 10-16-2005) Sec. 54-3-14.12. - Commercial landscape plan requirements. (a) Landscape plan components. A landscape plan shall be submitted to and approved by the growth management department as part of the site plan application. The landscape plan shall contain the following: (1) Name, address and phone number of the owner and landscape architect or other person with similar qualifications in the field of landscape design. (2) North arrow, scale and date; minimum scale of one inch equals 50 feet. (3) Property lines, easements and rights -of -way with internal and property line dimensions. (4) Location of existing or proposed underground and overhead utility service. (5) Location and size of any existing or proposed structures. (6) Location and size of any existing or proposed site features, such as earthen mounds, swales, fences, walls and water areas. (7) Location and size of any existing or proposed vehicular use areas. (8) Location and size of any existing or proposed sidewalks, curbs and wheel stops. (9) A description of the irrigation system as required by section 54-3-14.13. City of Sebastian Landscaping Ordinance Page 9 of 9 (10) Calculations of required type, dimensions and square footage of landscape material and of required landscape areas, including: Total site area, parking areas, percentage of nonvehicular open space, perimeter and interior landscape strips, and required number of trees. (11) Location, dimensions and square footage of required landscape areas. (12) Location, name, height and size of all existing plant material to be retained. (13) Location, size, height and description of all landscape material including name, quantity, quality, spacing and specified size and specification of all plant material. (14) Height, width, type, material and location of all barriers of nonliving material. (15) Location, dimensions and area of landscaping for freestanding signs. (16) Show all landscaping, buildings or other improvements on adjacent property within five feet of the common property line. (17) If the site has been filled, identify what soil improvements will be implemented to ensure the viability of the landscaping. The landscaping plan shall be drawn by a landscape architect or other person with comparable qualification in the field of landscaping. (b) Review and approval procedure. Landscape plans shall be reviewed and approved at the time of site plan approval. A representative of the planning and growth management department shall inspect all landscaping and the certificate of occupancy shall not be issued until the landscaping is completed in accordance with the approved site plan and the requirements of this section. (Ord. No. 0-05-18, § 12, 10-16-2005) Indian River County Landscaping Ordinance Page 1 of 35 ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901,911,913,926,930, & 934 Landscaping.RTF 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER, 901, DEFINITIONS; CHAPTER 911, ZONING; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 930, STORMWATER MANAGEMENT AND FLOOD PROTECTION; AND CHAPTER 934, EXCAVATIONS AND MINING; BY REVISING THE DEFINITION OF `BUFFER STRIP" IN SECTION 901.03; BY AMENDING THE GREEN SPACE REQUIREMENTS OF SECTION 911.08(6)(D); BY REVISING CORRIDOR LANDSCAPE REQUIREMENTS IN SECTIONS 911.18(3), 911.19(6), 911.20(3), 911.21(3), AND 911.22(5); BY AMENDING THE SUBDIVISION GREEN SPACE REQUIREMENTS OF SECTION 913.09(21); BY AMENDING PURPOSE AND INTENT LANGUAGE IN SECTION 926.02; BY UPDATING LANGUAGE IN SECTION 926.03; BY UPDATING LANGUAGE IN SECTION 926.04; BY AMENDING REQUIREMENTS FOR LANDSCAPE PLANS IN SECTION 926.05; BY ESTABLISHING LANDSCAPE REQUIREMENTS FOR STORMWATER LAKES IN SECTION 926.05(4); BY AMENDING LANDSCAPE MATERIAL STANDARDS IN SECTION 926.06; BY AMENDING THE LANDSCAPE POINT SYSTEM AND TREE PRESERVATION REQUIREMENTS IN SECTION 926.07; BY AMENDING THE BUFFER AND OPAQUE FEATURE STANDARDS IN SECTION 926.08; BY _\u1710101124Ra 1.1_ o1197,V91"J/:VA LANDSCAPE REQUIREMENTS IN SECTION 926.09(1); BY AMENDING PERIMETER LANDSCAPE REQUIREMENTS IN SECTION 926.09(2); BY AMENDING PARKING AREA INTERIOR LANDSCAPE REQUIREMENTS IN SECTION 926.09(3); BY AMENDING REQUIREMENTS FOR PROTECTING LANDSCAPE AREAS FROM VEHICULAR ENCROACHMENT IN SECTION 926.09(4); BY AMENDING SIGHT DISTANCE REQUIREMENTS FOR LANDSCAPING ALONG ROADWAYS IN SECTION 926.09(5); BY AMENDING CANOPY TREE REQUIREMENTS IN NONVEHICULAR OPEN SPACE AREAS AND ESTABLISHING CANOPY TREE REQUIREMENTS AROUND STORMWATER LAKES IN SECTION 926.10; BY AMENDING THE STANDARDS FOR IRRIGATION SYSTEMS IN SECTION 926.11; BY AMENDING THE LANDSCAPE MAINTENANCE REQUIREMENTS IN SECTION 926.12; BY AMENDING THE LIST OF RECOMMENDED TREES FOR SINGLE-FAMILY RESIDENCES IN SECTION 926.15(2); BY ESTABLISHING A COMPREHENSIVE LIST OF NATIVE PLANT SPECIES, EXOTIC INVASIVE PLANT SPECIES, PREFERRED GRASSES, SOILS, AND LITTORAL PLANT SPECIES IN THE CHAPTER 926 APPENDICES; BY AMENDING THE REQUIREMENTS FOR STORMWATER MAINTENANCE AREAS IN SECTION 930.07(1)(m); BY AMENDING WATER MANAGEMENT STANDARDS TO REQUIRE LITTORAL ZONES FOR DEVELOPMENT PROJECTS EXCEEDING TEN ACRES IN AREA IN SECTION 934.05; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDR'S) BE AMENDED AS FOLLOWS: ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 2 SECTION #1: AMENDMENTS. Section 901.03, Definitions, is hereby amended to read as follows: Buffer strip land area which may contain plant material, vegetated berm, fencing, or other landscaping that is used to separate developed land from a roadway or to separate one use from another for the purpose of creating an attractive and opaque boundary to shield or block noise, light or other nuisances, used for physical or spatial separation. (Also see "screening"). Section 911.08(6)(D), multi -family green space and/or recreation space standards, is hereby amended to read as follows: *D. Green space and/or recreation space: All multi -family developments must set aside a minimum of seven and one-half (7.5) percent of the total project site area as dedicated to green space and/or recreation space. Upland preserves, and wetland areas, and created littoral zones may be credited towards this Indian River County Landscaping Ordinance Page 2 of 35 requirement. Recreation tracts shall be located, designed, of twelve (12) feet and minimum spread of six (6) feet at time constructed, maintained of planting. and operated in such a manner that minimizes adverse noise Palm tree clusters may be used as canopy trees as specified in and lighting impacts the on adjacent or nearby developments. For purposes of this landscape ordinance. However, such palm trees shall have a regulation, "recreation minimum space" may include recreational facilities and amenities such clear trunk of twelve (12) feet. as parks, ball courts, 2. The county -wide landscaping requirements of LDR Chapter and pools. Common spaces credited toward meeting this 926 shall apply requirement shall be except as noted herein. The following landscape buffer shall located and designed to be conveniently accessible to all be provided along project residents, and the entire length of a site's CR 510 and US 1 frontages, except shall be sized, located, and designed to function as a project for approved amenity such as a driveways: park, conservation area, open air recreation facility, or other Buffer Width Minimum similar type of Planting/Berm amenity. Requirements per 1. Recreation tracts located within one hundred twenty-five 100 feet (125) feet of the 20 feet or more 4 canopy trees 5 boundary of the development shall be either: understory trees a. Designated on a final plat, or other document recorded in Continuous hedge*: the 1 I/2--2 1/2 high at public records, as being used for passive recreation uses: no planting Berm: 1 active 1/2--3 feet high* uses, such as but not limited to basketball or tennis courts, 15 feet 4.5 canopy trees 5.5 shall be understory trees permitted on these tracts. continuous hedge*: b. Buffered from adjacent development boundaries with a 1 1/2--2 1/2 feet minimum high at planting twenty-five (25) foot wide Type B (or better) buffer with a Berm: 1 1/2--2 1/2 six-foot high* opaque feature (see Chapter 926). 10 feet 5 canopy trees 6 2. Any and all lighting used within recreation tracts shall be understory trees approved by the Continuous hedge*: county and shall be adequately shielded to prevent lighting or 2 1/2--3 feet high at glare from planting Berm: 1--I encroaching on to properties adjacent to or nearby the 1/2 feet high* development. *Note: The intent of the hedge and berm combination is to ORDINANCE 2007- provide a visual screen Underline: Additions to Ordinance four (4) feet high above the grade of the project site parking Strike -through: Deleted Text from Existing Ordinance area. Therefore, at F:\Community ORDINANCE 2007- Development\Users\CurDev\ORDINANCE\2007\2007- Underline: Additions to Ordinance 901, 911, 913, 926, 930, & 934 Landscaping.RTF Strike -through: Deleted Text from Existing Ordinance 3 F:\Community Section 911.18(3)(g through j), Wabasso Corridor, is Development\Users\CurDev\ORDINANCE\2007\2007- hereby amended to read as follows: 901, 9115 913, 926, 930, & 934 Landscaping.RTF (g) US 1 and CR 510 landscape buffer: Refer to Section 4 926.09 for roadway the time of a certificate of occupancy (CO) for the project site, landscape requirements. Within the plan area the following the combination of landscape berming and hedging shall provide a four feet visual screen. requirements shall apply: Undulations in the 1. Increased canopy tree size. All canopy trees required under berm and corresponding hedge height are encouraged. normal Hedge shrubs shall be planted no further apart than twenty - landscaping and buffering requirements and special Wabasso four (24) on center, in corridor plan a serpentine pattern along the length of the buffer strip. Berms requirements for projects within the corridor shall have a shall have a slope minimum height no steeper than three (3) horizontal to one vertical, and shall be continuous along Indian River County Landscaping Ordinance Page 3 of 35 the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F-4 and F-5 at end of section 911.18) (h) Landscape buffer along other streets to the corridor: Refer to Section 926.09 for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights -of -way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. (i) Landscape buffer along commerciabresidential border: Within the corridor, where compatibility bufferyards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided. 0) Foundation plantings: Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. Reference section 911.18(3)(c)3 regarding exemptions for historic buildings and resources. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height Building Height Foundation Planting Strip Depthl Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 5 lA distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided; a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting area depth: Minimum plant material required: *I palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered) *1 understory tree for every 20 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12'to 25' in height Minimum planting area depth: 10, Minimum planting material required: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *I understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings over 25' in height Minimum planting area depth: 15, Minimum plant material required: *I canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 6 Indian River County Landscaping Ordinance Page 4 of 35 * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive -up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. 6.1) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). Section 911.19(6), SR 60 Corridor, is hereby amended to read as follows: (6) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. (a) Reserved. Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special SR 60 corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. (b) SR 60 and thoroughfare plan road buffer. Refer to Section 926.09 for roadway landscape requirements. Within the corridor plan area, the following landscape buffer shall be provided along the entire length of a site's SR 60,43rd Avenue, 58th Avenue, 66th Avenue, 74th Avenue, 82nd Avenue, 90th Avenue, and 98th Avenue frontages, except for approved driveways: ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDfNANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF Buffer Depth Minimum Planting/Berm Requirements per 100, 20' or more 4 canopy trees 5 understory trees Continuous hedgel: 1 1/2'--2 1/2' high at planting Berm: 1 1/2'--3' highl 15' 4.5 canopy trees 5.5 understory trees Continuous hedge I: 1 1/2'--3' high at planting Berm: F2 1/2' bight 10' S canopy trees 6 understory trees Continuous hedge I: 2 1/2'--3' high at planting Berm: 1'--1 1/2' highl Project sites with a depth from SR 60 or a thoroughfare plan road of two hundred fifty (250) feet to four hundred (400) feet shall have a buffer depth of at least fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a buffer depth of at least twenty (20) feet. (See Figures F-4 and F-5 at end of section 911.18. "Wabasso Corridor Regulations") 1NOTE: The hedge and berm combination shall provide a visual screen four (4) feet high above the grade of the project site parking area. An alternative to this standard is available for industrially zoned manufacturing uses located in the 98th Avenue manufacturing district, as provided for in section 911.19(3)(a)5. of this ordinance. Hedge material shall provide full screening to the ground; therefore, wax myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four -foot visual screen, subject to county sight distance requirements. Undulations in the berm and corresponding hedge height are ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF Indian River County Landscaping Ordinance Page 5 of 35 encouraged. Hedge shrubs shall be planted no further apart than twenty- four (24) inches on center along the length of the buffer strip, to form a hedge that appears continuous as viewed from the roadway being buffered. Berms shall have a slope no steeper than three (3) horizontal to one (1) vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. Hedge plantings may be asymmetrical, and a buffer wall, not to exceed four (4) feet in height except as specified below, is allowed within the middle one-third (1/3) of the buffer strip's width (measured perpendicular to the road being buffered) if landscaping material is planted on each side of the wall. (c) Reserved. Special buffer far multi family projects. Multi- family projects shall provide the SR 60 and Thoroughfare Plan Road buffer as described above, with the additional requirement that the buffer shall include a six- foot opaque feature (as described in Chapter 926). Where a wall or fence is used, such wall or fence shall be located within the middle one third of the buffer strip's width (measured perpendicular to the road being buffered), and landscaping material shall be planted on each side of the wall or fence. (d) Local road and exclusive access driveway buffer. Refer to Section 926.09 for roadway landscape requirements. Landscape strips along local roads and exclusive driveways (as defined in the traffic ordinance) within the corridor plan area must contain two (2) understory trees for every thirty (30) lineal feet. (e) Interior parking area. In addition to the normal interior parking area requirements of LDR Chapter 926. 1. Uncovered parking spaces shall be located no more than five (5) spaces away from a planted landscape area. Said landscape area may be on the parking lot perimeter or interior to the parking lot. This requirement may be waived by the planning and zoning commission where tree preservation efforts require a clustering of interior parking green area around existing trees rather than a spread out placement of landscape islands. 2. Landscape islands shall be backfilled at least to the top of curb or protective barrier, and may be bermed to a maximum height of twentyfour (24) inches above the adjacent parking lot grade. (f) Foundation plantings. Foundation plantings shall be required as stated below for ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 9 buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. In addition, industrially zoned manufacturing uses in the 98th Avenue manufacturing district and historic buildings and resources are exempt from foundation planting requirements to the extent provided for in section 911.19(3)(a)5. and 6. of this ordinance. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depthl Up to IT high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth I distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided: a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting area depth: 5' Minimum plant material required: Indian River County Landscaping Ordinance Page 6 of 35 *1 palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered) *1 understory tree for every 20 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12'to 25' in height Minimum planting area depth: 10, ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 10 Minimum planting material required: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *1 understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings over 25' in height Minimum planting area depth: 15' Minimum plant material required: * 1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) * 1 understory tree for every 10 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive -up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (g) Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 11 Section 911.20(3)(g through k), North Barrier Island Corridor, is hereby amended to read as follows: (g) CR 510 and SR A-1-A landscape buffer: Refer to Section 926.09 for roadway landscape requirements. Within the plan area the following landscape requirements shall apply: 1. Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special North Barrier Island corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. 2. The county -wide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. The following landscape buffer shall be provided along the entire length of a site's CR 510 and SR A- 1-A frontages, except for approved driveways: Buffer Width Minimum Planting/ Berth Requirements per 100 feet 20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 1/2 high at planting Berm: 1 1/2--3 feet high* 15 feet 4.5 canopy trees Indian River County Landscaping Ordinance Page 7 of 35 5.5 understory trees Continuous hedge*: 1 1/2--2 1/2 high at planting Berm: 1 1/2--2 1/2 high* 10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 12 Berm: 1--1 1/2 feet high* *Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty- four (24) inches on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F-4 and F-5 at the end of section 911.18 and apply to CR 510 and SR A-1-A) (h) Landscape buffer along other streets in the corridor: Refer to Section 926.09 for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights -of -way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. (i) Landscape buffer along commercial/residential border: Within the corridor, where compatibility bufferyards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided. 0) Foundation plantings: Foundation plantings shall be required as stated below for non-residential buildings. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depthl Up to 12' high 5' depth ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 13 12' to 25' high 10' depth Over 25' high 15' depth I distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided; a. Forty (40) percent of the foundation perimeter (excluding entrance ways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting area depth: 5' Minimum plant material required: *1 palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered) *I understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12'to 25' in height Minimum planting area depth: 10, Minimum planting Indian River County Landscaping Ordinance Page 8 of 35 material required: *I canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *1 understory tree for every 20 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings over 25' in height Minimum planting area depth: 15' ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901,911,913,926,930, & 934 Landscaping.RTF 14 Minimum plant material required: *1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *I understory tree for every 10 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive -up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (k) Increased foundation plantingsfor "blankfacade" building faces. As referenced in the architecturallbuilding standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). Section 911.21(3)(i through m), Roseland Corridor, is hereby amended to read as follows: (i) Roseland Corridor landscape buffer. Refer to Section 926.09 for roadway landscape requirements. Within the plan area the following landscape requirements shall apply: 1. Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special Roseland corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 15 2. The county -wide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. The following landscape buffer shall be provided along the entire length of a site's US 1 and Roseland Road frontage, except for approved driveways: Buffer Width Minimum Planting/Berm Requirements per 100 feet 20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--3 feet high* 15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--2 1/2 feet high* 10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting Berm: 1--1 1/2 feet high* *Note: The intent of the hedge and berm combination is to provide a Indian River County Landscaping Ordinance Page 9 of 35 visual screen four (4) feet high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination ofberming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty- four(24) inches on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 16 To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figure F-4 at the end of section 911.18) 0) Landscape buffer along other streets in the corridor. Refer to Section 926.09 for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights -of -way and parking areas, landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip. (k) Landscape buffer along commercial/residential border. Within the corridor, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided where compatibility bufferyards are required by Chapter 911 regulations. (1) Foundation plantings. Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. Reference section 911.21(b)3 and 6 regarding exemptions for historic buildings and resources. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depthl Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth IA distance measured perpendicular to the building, from the foundation outward 2. Within such foundation planting landscape strips, the following landscaping shall be provided; a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting area depth: 5' ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901,911,913,926,930, & 934 Landscaping.RTF 17 Minimum plant material required: *I palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered) *I understory tree for every 20 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12'to 25' in height Minimum planting area depth: 10, Minimum planting material required: *I canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) *I understory tree for every 20 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings over 25' in height Indian River County Landscaping Ordinance Page 10 of 35 Minimum planting area depth: 15' Minimum plant material required: *I canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive -up windows. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 18 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (m) Increased foundation plantings for "blankfacade" buildingfaces. As referenced in the architectural building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). Section 911.22(5), Other Corridors, is hereby amended to read as follows: (5) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. (a) Reserved. Increased canopy tree size. All canopy trees shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet. (b) Thoroughfare plan road buffer. Refer to Section 926.09 for roadway landscape requirements. Within the corridor area, the following landscape buffer shall be provided along the entire length of a site's thoroughfare plan road frontage: Buffer Depth Minimum Planting/Berm Requirements per 100, 20' or more 4 canopy trees with berm 1'--3' 5 understory trees Continuous hedge, off -set double row, 3' shrubs at planting 15' 4.5 canopy trees with berm 1'--3' 5.5 understory trees ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 19 Continuous hedge, off -set double row, 2'--3' shrubs at planting The required combined depth of the thoroughfare plan road buffer and the foundation planting strip on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road. Project sites with a depth from a thoroughfare plan road of four hundred (400) feet or less shall have a buffer depth of at least fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a buffer depth of at least twenty (20) feet. (See Figures F-4 and F-5 at end of section 911.18. "Wabasso Corridor Regulations") 1NOTE: The hedge and berm combination shall provide a visual screen a minimum of four (4) feet high above the grade of the project site parking area. (c) Local road and exclusive access driveway buffer. Refer to Section 926.09 for roadway landscape requirements. Landscape strips along local roads and exclusive driveways (as defined in the traffic ordinance) within the corridor plan area must contain two (2) understory trees for every thirty (30) lineal feet. (d) Interior parking area. In addition to the normal interior parking area requirements of LDR Chapter 926. 1. Uncovered parking spaces shall be located no more than five (5) spaces away Indian River County Landscaping Ordinance Page it of 35 from a planted landscape area. Said landscape area may be on the parking lot perimeter or interior to the parking lot. This requirement may be waived by the planning and zoning commission where tree preservation efforts require a clustering of interior parking green area around existing trees rather than a spread out placement of landscape islands. 2. Landscape islands shall be backfilled at least to the top of curb or protective barrier, and may be bermed to a maximum height of twentyfour (24) inches above the adjacent parking lot grade. (e) Foundation plantings. Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and 1G zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. In addition, industrially zoned manufacturing uses in the 98th Avenue manufacturing district and historic buildings and resources are exempt from foundation planting ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901,911,913,926,930, & 934 Landscaping.RTF 20 requirements to the extent provided for in section 911.19(3)(a)5. and 6. of this ordinance. 1. Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height: Building Height Foundation Planting Strip Depthl Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth I distance measured perpendicular to the building, from the foundation outward. The required combined depth of the thoroughfare plan road buffer and the foundation planting strip on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road. 2. Within such foundation planting landscape strips, the following landscaping shall be provided: a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows: *For buildings up to 12' in height Minimum planting area depth: 5' Minimum plant material required: *I palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered) *I understory tree for every 20 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings of 12'to 25' in height Minimum planting area depth: 10, Minimum planting material required: *1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree) ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 21 *I understory tree for every 20 lineal feet of required planting strip *1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area *For buildings over 25' in height Minimum planting area depth: 15' Minimum plant material required: *1 canopy tree for every 7 lineal feet of required planting strip (3 palms with a minimum height of 16' each may be substituted for each canopy tree) *1 understory tree for every 10 lineal feet of required planting strip * 1.5 3 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area Indian River County Landscaping Ordinance Page 12 of 35 b. The following modifications are allowed upon approval from the community development director or his designee: 1. Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive -up windows. 2. The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout. (f) Increased foundation plantings for "blankfacade"building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above). ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007-_ 901, 911, 913, 926, 930, & 934 Landscaping.RTF 22 Section 913.09(21), subdivision common green space and/or recreation space standards, is hereby amended to read as follows: (21) Common green space and/or recreation space. All residential subdivisions with a density of more than one and one-half (1.5) units per acre shall provide in separate tracts a minimum of seven and one-half (7.5) percent of the total project site area as common green space and/or recreation space. Upland preserves, and wetland areas, and created littoral zones may be credited towards this requirement. Required perimeter buffers shall not be credited toward meeting this common green space requirement. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as ball courts, pools, clubhouses, similar facilities, and supporting improvements such as parking area. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, recreation facility, or other similar type of amenity. Chapter 926, Landscape and Buffer Regulations, is hereby amended to read as follows: Section 926.01. Short title. This chapter shall be known and may be cited as the "Indian River County Landscape and Buffer Ordinance." (Ord. No. 90-16, § 1, 9-11-90) Section 926.02 Purpose and intent. The board of county commissioners recognizes that the unique characteristics and qualities of Indian River County justify regulations to retain and perpetuate a beneficial, natural, and visually pleasing environment. It is the purpose and intent of this chapter to establish standards for the installation and continued maintenance of landscaping, without inhibiting creative landscape design, so as to improve the appearance of proposed developments. These standards are intended to protect and preserve the appearance, character, and value of surrounding neighborhoods. Moreover, landscape vegetation benefits the environment and living conditions by contributing to the production of oxygen, transfer of water, precipitation of airborne pollutants, and conversion of carbon dioxide, in addition to the provision of cooling shade, and reduction of noise. It is further the purpose and intent of this chapter to promote water conservation through the preservation of existing native Florida vegetation into landscape designs, the use of droughttolerant plant materials, the promotion of landscape plans which do not require permanent irrigation systems and instead utilize temporary systems for establishing new drought tolerant plantings, the use of efficient low -volume systems where permanent irrigation is necessary, and the use of reuse water for irrigation when available. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 23 It is the purpose and intent of this chapter to improve the appearance of certain setback and yard areas, including off-street vehicular parking and nonvehicular open space areas, in Indian River County; to protect and preserve the appearance, character and value of the surrounding neighborhoods, and thereby promote the general welfare, by providing for installation and maintenance of landscaping for screening and elimination of visual pollution, since the board of county commissioners finds that the unique characteristics and qualities of Indian River County justify regulations to perpetuate the appeal of its natural visual pollutionfree environment. Moreover, landscape vegetation benefits the environment and living conditions by contributing to the production of oxygen, transfer of water, precipitation of airborne pollutants, Indian River County Landscaping Ordinance Page 13 of 35 and conversion of carbon dioxide, in addition to the provision of cooling shade, and reduction of noise. It is further the purpose and intent of this chapter to promote water conservation through the use of efficient low -volume irrigation systems, the incorporation of existing native vegetation into landscape designs, and the use of drought -tolerant plant materials. (Ord. No. 90-16, § 1, 9-11-90) Section 926.03. Applicability. The provisions of this chapter shall apply to the development and maintenance of unincorporated Indian River County property in the unincorporated area of Indian River County which is subject to the provisions of Chapter 914, Site Plan Regulations; Chapter 915, Planned Development; and Chapter 913, Subdivisions and Plats, of the County Land Development Code. Section 926.15 of this chapter shall apply to the development and maintenance of property in the unincorporated area of the county that is subject to the provisions of Chapter 912, Single -Family Development, of the County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2004-041, § 3, 12-7- 04) Section 926.04. Definitions referenced. The definitions of certain terms used in this chapter are set forth within this chapter, including appendices, and in Chapter 901, Definitions, of the County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90) Section 926.05. General requirements. (1) Unlawful activity. It shall be unlawful for any person to establish, remove or alter landscape contrary to the provisions of this chapter. The lack of maintenance of landscape installed pursuant to a county approved landscape plan shall also be a violation subject to penalties provided by law. No construction requiring site plan review shall be undertaken in Indian River County until a landscape plan has been approved by the planning and zoning commission. The planning ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 24 and zoning commission will not approve any landscape plan unless it conforms to the requirements of this chapter. When the redevelopment, reconstruction, upgrading, expansion or change in use of a previously developed site is such that site plan review is required by county regulations, then this chapter shall be applied to such site as if it were previously undeveloped. (2) Landscape plan required. A landscape plan showing proposed landscape design shall be submitted for review and approval by the county. Such plan shall be required for all applicable development as referenced in section 926.03. For residential projects (including subdivisions, major site plans, and planned developments) over twenty (20) units or for nonresidential projects over forty thousand (40,000) square feet of new impervious surface, the landscape plan shall be prepared by either a Florida registered landscape architect or a Florida certified landscape designer. Landscape plans shall include and indicate the following: (a) Location, species, type and size of all existing trees to be preserved or removed pursuant to Chapter 927, Tree Protection; (b) Location of all structures, freestanding signs, parking areas, drives, vehicular use areas and other improvements to remain or proposed for installation on the property; (c) Location of overhead powerlines and adjacent rights -of - way; (d) Location and description of existing native plant communities to remain undisturbed, as applicable; (e) Location, species (with identification if native or non native) type, size, and quantity of all proposed landscape materials; (f) Plant list including quantity of all proposed landscape materials; (g) General notes including mulching requirements, fertilization and installation details, and such other information as needed; (h) Planting details as needed; (i) Dimensions of the property; and 6) Required opaque features, including berms; and (k) Tabulations which clearly show relevant statistical information necessary to evaluate compliance with provisions of this chapter. This shall include, but not be limited to, required buffers, vehicular use landscaping/screening, nonvehicular landscaping, an such other information as needed. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 25 (3) Irrigation plan required. In conjunction with a landscape plan, an irrigation plan shall be required. Such plan shall indicate use of a low -volume irrigation system designed Indian River County Landscaping Ordinance Page 14 of 35 specifically for the proposed landscape installation, delineate planting zones if proposed, and clearly illustrate compliance with section 926.11 of this chapter. (4) Certificate of occupancy. No final certificate of occupancy shall be given or issued to the an owner or his agent until all conditions of this chapter have been met and the code enforcement official has given an approval. However, tTemporary power, however, may be issued in those instances where all improvements on a site except landscaping have been completed, where power is required for the irrigation system, and where the developer of the project certifies in writing that the required landscaping for the project will be installed as depicted on the plan and provides a timetable for installation of the landscaping. Failure to fulfill the proposed timetable shall be grounds for immediate and summary revocation of the temporary power allowance. (5) Prohibited plant species. For all new development, or redevelopment of existing property, the applicant is required to remove, under county environmental supervision, all invasive, exotic plant species defined and listed in Appendix B prior to issuance of a certificate of occupancy or certificate of completion, whichever is applicable. (Ord. No. 90-16, § 1, 9-11-90) Section 926.06. Landscape materials standards. (1) Quality. Plant materials used in conformance with the provisions of this chapter shall conform to the Standards for Florida No. I or better, as given in the most current edition of "Grades and Standards for Nursery Plants" Part I and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass seeds shall be delivered to the job site in bags with Florida Department of Agriculture tags attached, indicating the seed grower's compliance with the department's quality control program. Plant materials which are known to be intolerant of paving environments, or whose physical characteristics may be injurious to the public, shall not be specified for use. (2) Drought tolerance requirements. A minimum of fifty (50) percent of total cumulative landscape plant material used to meet the provisions of this chapter shall be "moderately" or "very" drought tolerant, as classified and listed in the most recent edition of the "South Florida Water Management District Xeriscape Plant Guide" or a comparable publication. Existing native plant species preserved on -site may be considered as credit toward the drought tolerance percentage requirement. (3) Trees. (a) Canopy trees. 1. Canopy trees shall be species having an average mature crown spread of ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 26 greater than fifteen (15) feet (under local climatic conditions) and having a trunk(s) with over five (5) feet of clear wood. "Clear wood" refers to that portion of the trunk between the ground and the lowest lateral limbs. 2. Installed canopy trees shall be considered "mature" seven (7) years after installation. 2. All new canopy trees shall be planted in a planting area of at least one hundred forty-four (144) square feet, with minimum dimensions being at least twelve (12) feet in any direction. Larger areas may be required by the community development director or his designee for newly planted or existing trees to be preserved, as required by Chapter 927, Tree Protection. 3. Clusters of palms can may be used as a canopy trees provided that a minimum of three (3) palms are clustered to equal one (1) canopy tree. Clusters of palms, if used, shall consist of no more than one- third of the total canopy tree requirement. However, the three (3) to one (1) clustering requirement can be reduced or eliminated by the community development director or his designee for palms with large canopies such as Canary Island date palms. 4. Single date palms (not including pygmy date palms) may be substituted for a canopy tree. (b) Trees having an average mature crown spread less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen -foot crown spread. (c) Palm clusters shall be considered trees. Palms, if used, shall consist of no more than fifty (50) percent of the total new tree requirement when said palms are existing on the site or are relocated on the same site. (c) Understory trees shall be species defined as medium or small trees having a mature crown spread of fifteen (15) feet or less. Indian River County Landscaping Ordinance Page 15 of 35 (d) Tree sizes: 1. Required canopy trees shall be a minimum of twelve (12) ten (10) feet overall in height and two (2) inch diameter at 0.5 feet above grade with a minimum crown spread of six (6) feet, at the time of planting, except as follows: a. Within the Wabasso and SR 60 corridor areas, required canopy trees shall be a minimum of twelve (12) feet overall in height, minimum two (2) inch diameter at 0.5 feet above grade, and six (6) feet minimum spread at the time of planting. When palm clusters are used, the ten -foot and twelve -foot minimum shall be ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDfNANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 27 provided as clear wood, rather than an overall tree height. a b. Where a building between twelve (12) feet and twenty- five (25) feet in height is proposed to be located within fifty (50) feet of perimeter property line, canopy trees within required buffers (Types A-C D) located between the building and a site perimeter shall be a minimum of fifteen (15) twelve (12) feet in height and with a three two-inch diameter at 0.5 feet above grade at planting and a minimum six-foot spread, except that at least one-third 1/3) of the required buffer canopy trees shall be a minimum of sixteen (16) feet in height and three-inch diameter at 0.5 feet above grade and a minimum eight -foot spread at time of planting. Where a building between twelve (12) feet and twenty-five (25) feet in height is proposed more than fifty (50) feet from a perimeter, the canopy tree height requirements of (d)1., above, shall apply to canopy trees within the buffer. b c. Where a building over twenty-five (25) feet in height is proposed to be located within seventy (70) feet of a perimeter property line, all canopy trees within required buffers (Types A-C D) located between the building and a site perimeter shall be a minimum of sixteen (16) feet in height and with a three-inch diameter at 0.5 feet above grade and a minimum eight -foot spread at planting. Where a building over twenty-five (25) feet in height is proposed more than seventy (70) feet from a perimeter, the canopy tree height requirements of (d) 1., above, shall apply to canopy trees within the buffer. 2. Required understory trees shall be a minimum of six (6) five (5) feet overall in height and one -and -a -half (1.5) inches one (1) inch diameter at 0.5 feet above grade, at the time of planting. Multi -trunk trees shall have a combined one -and -a -half (1.5) one -inch caliper for all trunks at six (6) inches above grade. (e) The number of different species of trees, other than palms, shall be as follows: Table 1 Required Number of Trees Minimum Number of Species 2--10.... 2 11--20.... 3 21--30.... 4 31--40.... 5 41--Over.... 6 ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 28 For sites or parcels located in a sand ridge or xeric scrub environment as determined by county environmental planning staff, a minimum of three (3) species shall be required, regardless of the required number of trees. Such trees shall be indigenous to, and tolerant of, sand ridge or xeric scrub conditions. (1) For sites or parcels located on the barrier island, the minimum number of species required herein shall not exceed three (3), notwithstanding that the required number of trees may exceed thirty (30). Such trees shall be species both indigenous to, and tolerant of, barrier island conditions. (f g) At least fifty (50) percent of all required canopy trees, understory trees, and palms shall be a native species as listed in Appendix A. (g) Trees in proximity to public works or easements. Trees of a species whose roots are known to cause damage to sidewalks, roads, or driveways public works or easements shall not be planted closer than six (6) twelve (12) feet to such Indian River County Landscaping Ordinance Page 16 of 35 structures unless a tree root system barrier, approved by the public works director or his designee, is provided that protects the structure(s) from damage by the root system. Said root barrier, where required, shall be installed prior to issuance of a certificate of occupancy or certificate of completion. public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four -inch thick concrete reinforced with No. 6 road mesh (6 x 6 x 6) or equivalent. (h) The following species will not be used to fulfill the requirements of this article: Australian pine - (Casuarina spp.) Brazilian pepper - (Schinus terebinthifolius) Melaleuca - (Melaleuca quinquenervia) Chinaberry - (Melia azedarch) (h) Prohibited trees. The installation of any of the species listed in Appendix B is prohibited. (i) Credits for the use of newly planted trees larger than the minimum size will be as indicated in Table 2. Fractional measurements shall be attributed to the next lowest category. These credits shall not apply to trees pre- existing or relocated on -site. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 29 Table 2 Crown Spread At Time of Planting and Diameter and Height of Tree At Time of Planting = No. of Tree Credits 14 or more feet and 6 inch at I foot above grade and 25 feet and above = 4 10-46 feet and 4 inch at 0.5 feet above grade and 18-24 17--24 feet = 3 6--12 feet and 3 inch at 0.5 feet above grade and 15-17 14-46 feet = 2 (4) Shrubs and hedges. Shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid screen within a maximum of two (2) years after time of planting. (4) Shrubs. (a) Shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting, except that shrubs of non-native viburnum and ligustrum species shall be a minimum of twenty-four (24) inches in height immediately after planting. (b) Shrubs, where required, shall be planted in an offset double row and maintained so as to form a continuous, unbroken, solid screen. Where required to form a continuous screen to satisfy a buffer or opaque feature requirement, shrubs shall be planted on twenty-four (24)-to-thirty (30) inch centers, unless a greater spacing is necessary to accommodate larger shrubs and is approved by planning division staff. (c) Every landscape plan shall contain a minimum number of shrub species as indicated in the table below. Excluding shrubs used in opaque features, at least fifty (50) percent of the required number of shrubs shall be of native species, listed in Appendix A. Required Number of Shrubs Minimum Number of Species Minimum Number of Native Species 3-10032 101 -30064 301 or greater 9 6 (5) Vines. Vines shall be a minimum of eighteen (18) inches in height directly after planting and no less than thirty (30) inches apart. Vines may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified. At least fifty (50) percent ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 30 must be native. Vines qualifying as native are listed in Appendix A. The installation of any species listed in Appendix B is prohibited. (6) Mulch and Gground covers. The use of cypress mulch is prohibited. Mulch that is Indian River County Landscaping Ordinance Page 17 of 35 not cypress may be used. Ground covers (not including sod grass) shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year after planting. At least fifty (50) percent of the area covered by living material shall be of native species. Refer to Appendix for a list of native ground covers and flowers. The complete coverage of an area by ground covers precludes the use of mulch thereafter. (7) Turf Ggrass. Turf grass areas shall be identified on the landscape plan and shall be limited to a maximum of fifty (50) percent of the total irrigated, landscaped and vegetated project area, excluding rights -of -way, active recreation areas (e.g. playfields), and slopes within dry retention areas. Turf grass shall be placed so that it can be irrigated in a separate zone. Preferred turf grasses are those qualifying as native and are listed in Appendix C. Grass areas may be sodded, plugged, sprigged or seeded, except that solid sod or hydroseeding shall be used in swales or other areas subject to erosion. Seed, where used, shall be of a variety that will produce coverage within ninety (90) days from sowing; where other than solid sod, grass seed or grass sprigging is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. When necessary, a reseeding program shall be implemented to produce complete coverage within one year. (8) Walls. The wall articulation and wildlife opening requirements stated in Chapter 913.09(9)(C)(4) shall apply to all walls provided in perimeter buffers and landscape areas. (9) Buffers of Florida native vegetation. For the purposes of conserving water and promoting original native landscape, an unelevated buffer of undisturbed Florida native vegetation preserved in situ, or a buffer planted to re-create native uplands (as listed in Appendix A) is preferred over the creation of a landscaped berm. Supplemental native plantings may be added to meet the specifications of the required buffer type. Solid opaque features, such as panel -system walls, may be required within native buffers where the approving body (i.e. staff, the planning and zoning commission, or the board of county commissioners) determines that such features are needed to mitigate potential noise impacts. (10) Berms. Earthen berms shall have a slope no steeper than three (3) feet horizontal to one (1) foot vertical. The crest of the berm shall have a four (4) foot planting area plateau, with ridges on the ends for the retention of water on top of the berm. Berms must be constructed of appropriate soils; the use of either hydric soils or excessively drained soils in constructing berms is prohibited. All berms Guidelines for soils are referenced in Appendix D. (11) Fences. When fences are installed, the side of the fence facing public view shall have a finished appearance. Fences shall be consistent with all corridor plan criteria. Landscaping is required on the side of the fence facing a roadway, in conformance with the requirements set forth in paragraph (5) above and Chapters 911, 913, 915 and 971. Fences shall provide openings to allow for wildlife passage as specified for walls in Section 913.09(9)(C)(4). ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 31 (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 22, 9-29-92; Ord. No. 97-29, § 7, 12-16-97) Section 926.07. Landscape point system and tree preservation credits. (1) Landscape point system. Notwithstanding the other provisions of this chapter, each landscape plan must satisfy a minimum of thirty (30) points from the following list of options: (a) Irrigation system: 1. Moisture sensing controller ..... 5 2. Plan submitted with low, moderate and high water usage zones indicated. ....5 (b) Shrubs: 1. Twenty-five (25) to fifty (50) percent of total quantity of plants rated "very drought tolerant" ..... 5 1. Fifty (50) to seventy-five (75) percent of total quantity of plants rated "very drought tolerant" ..... 5 2. Fifty-one (5 1) to one hundred (100) percent of total quantity of plants rated "very drought tolerant" ..... 10 2. Seventy-six (76) to one hundred (100) percent of total quantity of plants rated "very drought tolerant" ..... 10 (c) Trees: 1. Twenty-five (25) to fifty (50) percent of the total quantity of trees rated "very drought tolerant" ..... 5 1. Fifty (50) to seventy-five (75) percent of the total quantity of trees rated "very drought tolerant" ..... 5 2. Fifty-one (5 1) to one hundred (100) percent of the total quantity of trees rated "very drought tolerant" ..... 10 2. Seventy-six (76) to one hundred (100) percent of the total quantity of trees rated "very drought tolerant" ..... 10 Indian River County Landscaping Ordinance Page 18 of 35 (d) Extra shade/canopy trees in vehicular use areas: 1. Twenty (20) to forty (40) percent more than required ..... 5 ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 32 2. More than Fforty (40) percent more than required ..... 10 (e) Sod/grass areas: 1. Sod/grass area less than sixty (60) percent Thirty-one (31) to fifty (50) percent of landscape area ..... 5 2. Less than thirty (30) percent of landscape area ..... 10 (f) Florida native landscape: 1. One hundred (100) percent of landscape area is preserved or re-established Florida native vegetation., or new native plantings of species listed in Appendix A and Appendix C. Plan must include trees, understory, and groundcover with a maximum of fifty (50) percent of site sodded/grassed. ....30 2. Seventy-five (75) to ninety-nine (99) percent of landscape area is preserved or re-established Florida native vegetation., or new native plantings of species listed in Appendix A and Appendix C. Plan must include trees, understory, and groundcover with a maximum of fifty (50) percent of site sodded/grassed ..... 15 (2) Tree preservation credits. (a) Existing trees that have been determined to be in good health by a certified arborist or by county environmental planning staff may be credited towards the minimum tree planting requirements of this chapter according to the following table. Fractional measurements shall be attributed to the next lowest category. Table 3 Calculation of Tree Preservation Credits Existing Crown Spread of Preserved Trees or Diameter of Tree at 4.5 Feet Above Ground = Number of Tree Credits 40 feet or more or 20 inches or more = 4 30 to 39 feet or 13 to 19 inches = 3 20 to 29 feet or 8 to 12 inches = 2 10 to 19 feet or 2 to 7 inches = 1 Less than 10 feet or less than 2 inches = 0 (b) Trees excluded from preservation credit. No credit shall be given for preserved trees which are: ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- . 901,911,913,926,930, & 934 Landscaping.RTF 33 1. Not located within the area of the property (e.g., buffer area, parking lot) for which trees are required by this chapter; 2. Required to be preserved by law, such as mangroves; 3. Not properly protected from damage during the construction process, as provided for in Chapter 927, Tree Protection; 4. Prohibited or controlled species identified in section 926.06(3)(h); 5. Dead, dying, diseased, or infested with harmful insects; or 6. Located in recreation tracts, golf courses or similar subareas within developments which are not intended for residential, commercial, or industrial use. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 43, 12-4-91) Section 926.08. Perimeter buffer standards. (1) A perimeter buffer is a landscaped strip along parcel boundaries that serves as a buffer between incompatible uses and zoning districts, as an attractive boundary of the parcel or use, or as both a buffer and attractive boundary. Existing native vegetation and upland native plant communities as described in Chapter 929, Upland Habitat Protection, may be utilized to meet buffer requirements. (2) The width and degree of vegetation required depends on the nature of the adjoining thoroughfares and uses. Chapter 915, Planned Development, and Chapter 911, Zoning, and Chapter 971, Specific Land Uses, of the County Land Development Code, set forth buffer type requirements for adjacent properties, based on land use and zoning districts. (3) Buffer types and opaque features. There are three (3) four (4) buffer types to be utilized in Indian River County. They are, in order of intensity, as follows: Type A buffer; Type B buffer; and Type C buffer and Type D buffer. Buffers may require opaque features, including three-foot and six-foot opaque features, where specified in the land development regulations. (a) The following table summarizes the Type A buffer, Type B buffer, and Type C buffer requirements. The trees and shrubs shall be spread in a staggered, off -set pattern to establish a full and opaque buffer. Buffer type options are further Indian River County Landscaping Ordinance Page 19 of 35 defined in Chapter 901, Definitions, of the County Land Development Code. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 34 Required Per 100 Lineal Feet Canopy Trees Type Width Large (4„ in diameter at 0.5 feet above grade & 18 ft. height) Small (2„ in diameter at 0.5 feet above grade & 12 ft. height) Understory Trees Shrubs Type A 50' 3 3 10 75 40' 4 4 12 70 Type B 30' 2 2 6 55 25'2.52.5855 Type C 20' 1 3 4 40 15' * 13.5 5 40 * Must be 75% native plantings. For sites less than one hundred fifty (150) in depth, the required depth of a Type C buffer shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the road. For all sites, the required depth of a Type A or Type B buffer shall not be required to exceed twenty (20) percent of the depth of a site, measured perpendicular to the road. Where buffer depth is reduced by this provision, the applicant shall obtain planning division staff approval of a modified planting plan that generally satisfies the planting density of the respective buffer type. Type Width Required Per 100 Lineal Feet Canopy Trees Understory Trees Shrubs 60' 6 3 22 50' 8 4 24 40' 10 5 26 Type A 30' 12 6 30 35' 4.8 2.4 19 30' 5.4 2.7 22 25' 6 3 24 Type B 20' 6.6 3.3 28 25' 3.5 1.4 14 20' 4 1.6 16 15' 4.5 1.8 18 Type C 10'5220 (4) Required opaque features shall consist of a solid masonry wall or earthen berm unless the planning and zoning commission approves a substitute material (such as a completely opaque living landscape barrier) based upon the use and conditions of the project site and ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 35 adjacent site. Landscaping is required along both sides of a wall unless otherwise approved by the planning and zoning commission. (4) Opaque features. Three (3)-foot and six (6)-foot opaque features may be required within buffers, where specified in the land development regulations. (a) A required six (6)-foot opaque feature shall consist of a solid native plant buffer, a masonry wall, an earthen berm, or a combination berm/vegetation (berm must comprise at least three (3) feet of required opaque feature; vegetation shall consist of shrubs planted in an off -set double row) unless the planning and zoning commission approves a substitute material (such as a completely opaque living landscape barrier) based upon the use and conditions of the project site and adjacent site. Landscaping is required along both sides of a wall unless otherwise approved by the planning and zoning commission. To minimize the impact upon existing tree roots in cases where a wall is to be located among existing trees, such wall shall should be a pre -cast concrete panel wall or other similar system that minimizes touter impacts to root systems. Wherever a wall is used as the opaque feature, required understory trees and shrubs shall be planted on the side of the wall facing a public street or adjacent property, whichever is applicable. (b) A required three (3)-foot opaque feature may consist of a wall, berm, or a continuous screen of shrubs. Shrubs planted to form this opaque feature shall be arranged in an off -set double row. (c) Required three-foot and six-foot opaque features shall be measured from the Indian River County Landscaping Ordinance Page 20 of 35 finished floor elevation of the proposed strncture(s). This requirement may be modified by the planning and zoning commission based upon grade differences and the relationship between the height and mass of the proposed building and its setback from the property line. The maximum required height of an opaque feature shall be eight (8) feet above the finished site grade where the feature is located. (d) In cases where an abutting use/district is separated from the project site by a thoroughfare plan road, the height of a six (6)-foot opaque feature shall be reduced to three (3)-feet, except in cases where the buffer is to be provided around the perimeter of a single-family or multi -family residential development as required by Section 911.07(8) or 911.08(8). (5) In cases where the abutting use/district is separated from the project site by a local road, the buffer type shall be reduced one (1) category type (e.g. Type "A" or Type'B"), but the height of the opaque feature shall remain the same. In cases where the abutting use/district is separated from the project site by a thoroughfare plan road, the buffer type shall be reduced two (2) category types (e.g. "A" to "C") but in all cases shall required at least a Type "D" buffer. (6) Required three-foot and six-foot opaque features shall be measured from the finished floor elevation of the proposed structure(s). This requirement can be modified by the ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 36 planning and zoning commission based upon grade differences and the relationship between the height and mass of the proposed building and its setback from the property line. The maximum required height of an opaque feature shall be eight (8) feet above the site grade where the feature is located. (7) Hedge or shrub material within buffers may be reduced by fifty (50) percent when a six-foot wall or fence is provided within the buffer, if the remaining amount of required shrub material and at least fifty (50) percent of required understory tree material are planted between the project site perimeter and the wall or fence. Alternative planting locations may be approved by the planning and zoning commission. The standards for the buffer categories are set forth in the illustrations herein that specify the number of plants required per one hundred (100) linear feet. To determine the total number of plants required, the linear footage of each side of the property requiring a buffer shall be divided by one hundred (100) and multiplied by the number of plants shown in the illustration. The plants shall be spread in a reasonably even manner along the length of the buffer. Buffer opaque feature options are also illustrated herein and are further defined in Chapter 901, Definitions, of the County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-29, § 11, 12-16- 97) Section 926.09. Landscaping along roadways. (1) Required landscaping adjacent to rights -of -way. (a) A landscape buffer shall be provided along the entire length of a site's frontage upon a thoroughfare plan road, local road or exclusive driveway (as defined in the traffic ordinance) Within the buffer, the following landscaping shall be provided: Street Minimum Minimum Plantings Per 100 Lineal Feet Width Canopy Trees Understory Trees Shrubs Thoroughfare Plan 15 ft. 4.5 5.5 50 Road, Local Road 20 ft. 4 5 50 Exclusive Driveway 10 ft. 3.3 6.6 40 Project sites with a depth from a thoroughfare plan road of four hundred(400) feet or less shall have a minimum buffer depth of fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a minimum buffer depth of twenty (20) feet. The required depth of the thoroughfare plan road/local road buffer on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road. In such cases where the roadway buffer depth is reduced, the required amount of plant material may also be ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Cornmunity Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 37 reduced on a prorated basis. (b) A four (4)-foot high visual screen is required between any project site parking area and any adjacent roadway or exclusive driveway. This visual screen may Indian River County Landscaping Ordinance Page 21 of 35 consist of a berm with shrubs planted across the top in either an offset double row or a serpentine pattern, or a four -foot vegetative screen. The visual screen must be at least four feet high above the grade of the project site parking area and must be installed prior to the issuance of a certificate of occupancy (CO). Shrubs shall be planted on twenty-four (24)-to-thirty (30) inch centers. Berms if used shall have a slope no steeper than three (3) horizontal to one vertical, with a four -foot plateau. Berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less Formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (c) Single-family and multi -family residential developments have special roadway landscaping/buffering requirements that are specified in Section 913.09(3)(C)(5) and Section 911.08(8), respectively. (1) Required landscaping adjacent to rights -of -way. A landscaping strip, at least ten (10) feet in depth shall be located adjacent to the right-of-way along the site's entire road frontage. Within the strip, landscaping shall be provided as follows: (a) Landscaping materials shall be planted in the following quantities: 1. Along local roads: One (1) canopy tree for each thirty (30) lineal feet or fraction thereof. 2. Along collector roads: One (1) canopy tree for each twenty- five (25) lineal feet or fraction thereof for canopy trees ten (10) feet high at time of planting or one (1) canopy tree for each thirty (30) lineal feet or fraction thereof for canopy trees twelve (12) feet high at time of planting. 3. Along arterial roads: One (1) understory tree for each twenty-five (25) lineal feet or fraction thereof and one (1) canopy tree for each twenty-five (25) lineal feet or fraction thereof for canopy trees ten (10) feet high at time of planting or one (1) canopy tree for each thirty (30) lineal feet or fraction thereof for canopy trees twelve (12) feet high at time of planting. Note: Trees are not required to be spaced uniformly along the landscape strip. Different, special roadway landscaping/buffering requirements apply to projects within areas, such as Wabasso, SR60, the North Barrier Island, and Roseland, which are covered by adopted corridor plans. Also, special landscape/buffering ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDfNANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 38 requirements, as specified in subsection (h), below, apply to multi -family projects (b) All trees planted adjacent to a right-of-way, shall be planted in a planting area of at least one hundred (100) square feet, with minimum dimensions being at least ten (10) feet in any direction. (c) In addition, a hedge, wall, fence or other durable landscape barrier of at least three (3) feet in height above the adjacent parking lot grade shall be maintained along the perimeter of such landscaped strip. Use of landscaped berms is encouraged to meet this requirement. (d) If such durable barrier is of nonliving material, one shrub or vine shall be planted at each ten (10) feet thereof abutting such barrier, but need not be spaced ten (10) feet apart. (e) Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. (1) The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving. (g) Necessary access ways from the public right-of-way through all such landscaping areas shall be permitted to service the parking, and such access ways may be subtracted from the lineal dimension used to determine the number of trees required. (h) For multi -family site plan projects, excluding planned developments (PDs) and single duplex or single triplex projects, the following special landscape requirements shall apply: 1. Major roadways: Along collector and arterial roadways, a six-foot opaque feature meeting the requirements of Landscape Ordinance section 926.08 and Subdivision Ordinance section 913.09(3)(c)5. shall be provided. In addition, the following landscape strip requirements shall apply: Minimum Planting Buffer and Depth Indian River County Landscaping Ordinance Page 22 of 35 per one hundred (100) feet offrontage *20' 4 canopy trees 5 understory trees continuous hedge, off -set double row, 3' at planting ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 39 ** 15' 4.5 canopy trees 5.5 understory trees continuous hedge, off -set double row, 3' at planting Where two-story buildings are proposed adjacent to an arterial or collector road, required canopy trees shall have an increased minimum height of twelve (12) feet at planting where trees of ten (10) feet are normally required, and anincreased minimum height of fourteen (14) feet where trees of twelve (12) feet are normally required. Where three-story buildings are proposed adjacent to an arterial or collector road, required canopy trees shall have an increased minimum height of sixteen (16) feet at planting. Where walls are used, they shall be solid masonry, concrete, or other similar solid and substantial material. Canopy trees shall be installed at least seven (7) feet from the face of the wall, and understory trees shall be installed at least five (5) feet from the face of the wall and from any adjacent existing or proposed sidewalk. Required understory trees and shrubs shall be located on the side of the wall facing the arterial or collector roadway. *Project sites with a depth over four hundred (400) feet shall have a minimum buffer depth of twenty (20) feet. **Project sites with a depth of four hundred (400) feet or less shall have a minimum buffer depth of fifteen (15) feet. 2. Local roadways: Along local roadways, two (2) understory trees per thirty (30) lineal feet, in addition to the standard requirements of Landscape Ordinance section 926.09, shall be provided. (2) Perimeter landscaping relating to abutting properties; exemption. (a) On the site of a building or structure or open lot use - providing an off-street parking area; where such areas will not be entirely screened visually by any intervening building or structure from abutting property, that portion of such area not so screened shall be provided with an off -set double row of shrubs a hedge or other durable landscape barrier maintained at not greater than six (6) feet in height nor less than four (4) three (3) feet in height to form a continuous opaque screen between the off-street parking area and such abutting property. (b) Such landscaped barrier shall be located between the common lot line and the offstreet parking area, and shall be planted in a planting strip no less than five (5) four (4) feet in width. (c) In addition, one tree shall be provided for each forty (40) lineal feet of such 'I.71l►/:W" 11 Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 40 landscape barrier or fractional part thereof. (d) Such trees shall be located between the common lot line and the off-street parking area. (e) Each such tree shall be planted in at least one hundred forty-four (144) onehundred (100) square feet of planting area with a minimum dimension of at least twelve (12) ten (10) feet (f) Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required tree. Turf grass, where planted, shall be in conformance with the provisions of 926.06(7). (g) The provisions of subsection 926.09(2)(a) shall not be applicable in the following situations: 1. When a property line abuts a dedicated alley, or those portions of the property that are opposite a building or other structure located on the abutting property. 2. Where the subject property and abutting property are zoned or used for nonresidential uses, only the tree provision with its planting area as prescribed in this subsection shall be required. (3) Parking area interior landscaping. For additional landscaping requirements, refer to the corridor overlay districts in Sections 911.18 through 911.22. (a) For off-street parking (driving aisles, driveways, parking spaces, loading areas), areas equal to at least twelve (12) ten (10) percent of the total paved area (driving Indian River County Landscaping Ordinance Page 23 of 35 aisles, driveways, parking spaces, loading areas) shall be provided with interior landscaping. Please see graphic at end of this chapter illustrating how this requirement is calculated. See diagram for an illustration of how this requirement is calculated. (b) Each separate, required landscaped area shall contain a minimum of one hundred forty-four (144) one hundred (100) square feet with minimum dimensions of at least twelve (12) ten (10) feet in areas where a tree is planted, and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height. 1. To preserve adequate sight distance, end islands at intersection of internal driveways shall be designed and maintained to preserve a visual "clear window" for the area between three (3) feet and seven (7) feet abovethe adjacent parking lot grade. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 41 (c) The total number of trees shall not be less than one for each three hundred (300) square feet of fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. (d) When, upon the request of the developer and in the opinion of the community development director, the placing of all required interior trees would create an impractical landscape effect, a portion of the required interior trees may be placed along the perimeter of the parking area to satisfy this requirement. (e) The area to be counted for interior landscaping requirements shall be graphically depicted on landscape plans by cross -hatching or other graphic means. (4) Protection from vehicle eEncroachment. Landscape areas shall be protected require protection from vehicular encroachment by use of curbs, tire stops, or other types of barriers approved by the community development director. Tire stops, where used, shall be placed at least three (3) feet from the edge of such landscaped areas. Where a tire stop or curb is utilized, the paved area between the curb/tire stop and the end of the parking space may be omitted, provided it is landscaped in addition to the required landscaping otherwise required provided. Tire stops shall be located so as to prevent damage to any planting areas by automobiles. (5) Site Sight distance for landscaping adjacent to roadways and points ofaccess. (a) All landscape plans submitted hereunder shall meet the minimum sight distance requirements established herein, as viewed from the perspective of the driver of a vehicle leaving the project premises to access the abutting public or private roadway. (b) Crossing maneuver. The sight distance required for the safe execution of a crossing maneuver is dependent upon the acceleration capabilities of the vehicle, the crossing distance, and the design speed of the street or highway to be crossed. The minimum required sight distance in both directions, measured from the centerline of the roadway being entered to the initial position of the vehicle before the crossing (as shown on Figure No. 1) for various classes of vehicles shall be as stated in Tables 4 and 5, which follow. Table 4 or 5 shall be applied, as the case may be, depending upon whether a given vehicle class constitutes five (5) percent or more of the total crossing traffic, or if that class experiences thirty (30) or more crossings per day. A developer shall provide sufficient information on the nature of vehicles using the project to substantiate which class of vehicle table is being incorporated into the landscaping plan. (c) Assumptions. The vehicle offset shall be assumed to be at least ten (10) feet from the nearest pavement edge. The setback required for site sight distance shall be at least five (5) feet greater than the vehicle offset, as reflected in Figure No. 1. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 42 (d) All landscaping shall be installed and maintained in a manner which provides unobstructed visibility within the sight distance area calculated hereunder, at a level between two and one-half (2 1/2) feet and ten (10) feet above grade; Indian River County Landscaping Ordinance Page 24 of 35 provided, however, trees or palms having limbs or foliage trimmed in such a manner that no limbs or foliage extend into the visibility area shall be allowed, provided they are so located as not to create a traffic hazard. Other landscaping, except required grass or ground cover, shall not be located closer than three (3) six (6) feet from the edge of any access way pavement, unless otherwise approved by the public works director or his designee. (e) Left -turn crossings. Sight distance for left -cum crossings shall be measured in the same manner as provided for crossing maneuvers. On median - separated roadways, sight distance to the left may be based upon the sight distance required for a two-lane road. (6) Landscaping near overhead electrical transmission or distribution lines. (a) When canopy trees are proposed to be planted within thirty (30) feet (horizontal distance) of overhead electrical transmission or distribution lines (not service lines), the following shall apply: 1. A cross-section shall be provided on the landscape plan, depicting the estimated canopy shape and size at maturity in relation to the location of the lowest electrical overhead transmission or distribution wire, and the distance from the mature tree canopy edge to the wire. 2. The distance from the estimated mature tree canopy edge to the wire shall be at least ten (10) feet. (b) Within a horizontal distance of thirty (30) feet of an overhead electrical transmission or distribution line (not a service line), in addition to generally prohibited exotic nuisance species, the following plant species are prohibited from being used on any landscaping plan proposed for county approval: Earleaf Acacia, Woman's Tongue Tree, Norfolk Island Pine, Bischofia, Schefflera, Ear Tree, Eucalyptus, Non -Native Ficus, Silk Oak, Chinese Tallow Tree, and Java Plum. (7) Landscaping near utility poles, guy wires, and transformer pads. Trees, shrubs, and vines shall be planted and maintained so as to provide a clearance of at least five (5) feet around utility poles, guy wires and anchors, and transformer pads. LANDSCAPING TABLE 4 DESIGN VEHICLES: PASSENGER CAR, SINGLE UNIT TRUCK, SINGLE UNIT BUS ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007-_ 901,911,913,926,930, & 934 Landscaping.RTF 43 Sight Distance Speed (mph) Two -Lane Four -Lane 30 or less 375 650 35 425 575 40 500 650 45 550 700 50 600 750 55 675 900 TABLE 5 DESIGN VEHICLE: SEMI -TRAILER COMBINATION INTERMEDIATE, AND LARGE Sight Distance Speed Two -Lane Four -Lane 30 or less 550 650 35 640 750 40 725 850 45 800 950 50 900 1050 55 975 1200 (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-29, §§ 7, 9, 10, 12- 16-97; Ord. No. 2005-004, § 1, 2- 22-05) Section 926.10. Nonvehicular area landscaping standards. (1) General landscaping treatment. All nonvehicular open spaces, on any site proposed for development in all zoning districts, except for single-family dwellings shall conform to the minimum landscaping requirements herein provided in Section 926.06. Nonvehicular open space is ground that is not covered by buildings, paving, or other structures. Grass, ground cover, shrubs, native plant areas and other landscaping materials shall be used to treat all ground not covered by building, paving or other structures. (2) Canopy Drees required. Canopy Ttrees shall be planted in the nonvehicular open space to meet the following requirements: (a) Multiple -family residential zoning districts and mobile home residential zoning districts requiring site plan approval: a minimum of one tree per each one thousand (1,000) two thousand (2,000) square feet of nonvehicular open space or fraction thereof; ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 44 Indian River County Landscaping Ordinance Page 25 of 35 (b) Commercial zoning districts (except "heavy commercial') and medical districts: a minimum of one tree per each two thousand (2,000) three thousand (3,000)square feet of nonvehicular open space or fraction thereof; (c) Heavy commercial, and industrial zoning districts: a minimum of one tree per each three thousand (3,000) four thousand (4,000) square feet ofnonvehicular open space or fraction thereof. (3) Canopy trees required around lakes/ponds including stormwater retention/ detention areas. For proposed lakes/ponds or lake/pond systems that are one (1) acre in area or larger, the lake/pond bank must be designed in a non - rectangular, irregular shape to provide an aesthetic amenity. Regardless of size, all lakes/pond shall have at least three native, water tolerant trees planted per one hundred (100) feet of shoreline. The trees may be clustered along the upland shoreline in a manner that facilitates access for lake maintenance. Littoral zones shall be provided as required in Section 934.05. The common areas contiguous with and above the littoral zones are subject to the non -vehicular landscaping requirements set forth in 926.10, and the landward edges of the littoral zone shall be clearly delineated by a raised lip. (Ord. No. 90-16, § 1, 9-11-90; Ord, No. 97-29, § 9, 12-16-97) Section 926.11. Irrigation standards. (1) Required irrigation. Underground irrigation systems shall be required for all development subject to the provisions of this chapter. New construction which does not require any supplemental landscaping or contain cultivated landscape areas shall be exempt from this provision. Irrigation plans must include a system which provides for restrictions on irrigation use as specified by the St. Johns River Water Management District. (2) Irrigation system design. All landscape plans shall contain a certification that the irrigation system shall be designed to conform to the requirements of this section and the restrictions on irrigation use as specified by the St. Johns River Water Management District. (a) Landscape demand. 1. Irrigation of existing and undisturbed vegetation shall not be required. 2. Irrigation of reestablished native vegetative communities shall be required for a minimum of one year after initial installation. Once the landscape materials have been firmly established, the irrigation system must may be abandoned. 3. Cultivated landscape areas shall be watered with an underground irrigation system designed to provide one hundred (100) percent coverage on a day when winds are no more than five (5) miles an hour. Cultivated landscape areas shall include all areas not described in paragraphs 1. and 2. above. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901,911,913,926,930, & 934 Landscaping.RTF 45 (b) Required system features. 1. All landscape irrigation system shall be low -volume irrigation systems. 2. All underground irrigation systems shall be regulated by an automatic timer or controller. 3. The design of systems shall include sprinkler heads and devices appropriate for the landscape material to be irrigated. 4. Low trajectory heads or low -volume water distributing devices shall be used to irrigate confined areas in order to prevent overspray onto impervious areas. 5. Whenever practical, irrigation systems shall be designed to place high water demand ares, such as lawns, on separate zones from those areas with reduced water requirements. 6. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of irrigating high requirement areas on a different schedule from low water requirement areas, provided that separate zones exist as described in (5) above. 7. Irrigation systems shall be designed so that, to the greatest extent practical, water being applied to impervious areas is eliminated. 8. When technically feasible, moisture sensing devices shall be installed to regulate the frequency of controller operation. 9. All automatic landscape irrigation systems shall be installed with a rain sensor device or rain sensor switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred. (b) System design. Irrigation systems shall be designed, constructed, and permitted to include: 1. Automatic irrigation controllers, when utilized, shall contain a functional rain sensor device, capable of being set to one minute run times, and battery backup capability to retain programming in the event of a power Indian River County Landscaping Ordinance Page 26 of 35 failure; 2. A rain sensor placed on a stationary structure, free and clear of any overhead obstructions and above the height of the sprinkler coverage; 3. Equipment with check valves used in low-lying areas to prevent low head ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 46 drainage; 4. Backflow prevention methods; 5. Irrigation design with the appropriate uniformity for the type of plant being grown and for the type of soil; 6. Irrigation system equipment installed as designed; 7. Irrigation zones divided according to: available flow rate, vegetated groupings (i.e., turf, shrubs, native plants, etc.), sprinkler types (i.e., sprinklers with matching precipitation rates), and soil characteristics; 8. Spray heads and rotors not mixed in same zone; 9. Distribution equipment in a given zone having matched precipitation rates; 10. Application rates that avoid runoff and permit uniform water infiltration into the soil, considering land slope, soil hydraulic properties, vegetative ground cover, and prevailing winds; 11. A minimum separation of four inches between distribution equipment and pavement; 12. A minimum separation of 12 inches between distribution equipment and buildings and other vertical structures; 13. No direct spray onto walkways, buildings, roadways, and drives; 14. Lawn spray patterns providing head to head coverage; 15. Water conveyance systems with a flow velocity of five feet per second or less; 16. Pipelines designed to provide the system with the appropriate pressure required for maximum irrigation uniformity; 17. Pressure regulating heads; and 18. A maintenance checklist provided to the property owner by the irrigation contractor accompanied by a recommended maintenance schedule, proper irrigation system settings according to season, recommendations for checking rain sensor device, filter cleaning recommendations and information on the current water restrictions. (c) System Layout and Native Vegetation Retention. Irrigation systems shall comply ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 47 with the following requirements: 1. A high volume irrigation area shall not exceed 50 percent of the landscaped area. Low or medium volume irrigation areas may be utilized in lieu of any high volume irrigation area. 2. A medium volume irrigation area shall not exceed 25 percent of the landscaped area. However, the landscaped area may contain up to 75 percent medium volume irrigation area, if no high volume irrigation area is utilized on site. 3. A low volume irrigation area may be utilized for an entire landscaped area with the exception of native vegetation areas regulated by Section 926.11(2)(b)(4). 4. In the alternative to Section 926.11(2)(b)(1 through 3) above, if 25 percent of the pre-existing native vegetation is retained on site, the remaining 75 percent of the landscaped area may be a high volume irrigation area. For all pre-existing native vegetation retained on a parcel: a. No supplemental water shall be applied to the native vegetation area; b. Only hand pruning of native vegetation is allowed; c. Mechanical mowing or clearing is prohibited. (d) System operation flows. Systems shall dispense no more than: 1. One inch of water per week for high volume irrigation areas; 2. One-half inch of water per week for medium volume irrigation areas; 3. One -quarter inch of water per week for low volume irrigation areas. (e) Irrigation system operation and maintenance. Systems shall be operated and maintained according to the Green Industries Best Management Practices for Protection of Water Resources in Florida (DEP 2002) or (for homeowners) the Florida Yards and Neighborhood program. 1. Irrigation systems shall be operated properly and in compliance with this section. 2. All automatic controllers shall be programmed to the appropriate level of Indian River County Landscaping Ordinance Page 27 of 35 water conservation set forth in this section. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 48 3. Irrigation systems shall be maintained to meet the requirements of this section. (f c) Sources of irrigation water. Effluent reuse. 1. Reclaimed or other non -potable water source shall be used in accordance with the requirements for Section 918.04(3) In order to supplement the retention system, property owners may utilize wells when the county system cannot meet their needs. When the water supply for the irrigation system is from a well, a constant pressure flow control device or pressure tank with adequate capacity shall be required to minimize pump cycling. 2 1. All new landscape irrigation systems shall be required and all existing irrigation systems shall be encouraged to connect to wastewater effluent lines when determined to be available. The reuse of wastewater effluent in such cases shall be required. 3 2. All new landscape irrigation systems shall be designed for ultimate connection to proposed wastewater effluent lines. 4. Developments with wet retention/detention areas are required to use this water to meet project irrigation needs or justify why this water cannot be used as an irrigation source. (3) Conformance. (a) Prior to or at the time a site inspection is requested for a certificate of occupancy or a certificate of completion, whichever is applicable, the irrigation installer shall submit to planning division staff a written certification that all irrigation requirements of this section have been satisfied and that the system is set to operate in conformance with this section and the restrictions on irrigation use as specified by the St. Johns River Water Management District. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 21, 9-29-92) Section 926.12. Installation and maintenance standards. (1) Installation. (a) All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures, with the quality of plant materials as herein described. Prior to or at the time a certificate of occupancy inspection is requested of code enforcement staff, the project landscape architect or landscape contractor shall certify in writing the date he or she last inspected the landscape installation and that all installed landscape material that is required by ordinance is Florida No. 1 or better. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 49 All elements of landscaping, exclusive of plant material, shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment. A code enforcement official shall inspect all landscaping, and no final certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements provided herein. (b) Bonding to guarantee installation. Required landscape materials can be bondedout for future installation in the event of a board of county commissioners recognized disaster (e.g. freeze or hurricane) that adversely affects availability of landscape materials. At the time that it recognizes such a disaster, the board shall set a time frame by which required landscaping must be installed. In addition to bonding -out after such disasters, the planning and zoning commission is authorized to approve bonding -out for installation of required landscape materials where such installation needs to be delayed in coordination with adjacent road construction that would disrupt adjacent landscape areas. To bond -out for future (post C.O.), installation, a cash bond must be posted with the county in the amount of one hundred fifteen (115) percent of the contract installation price. (2) Maintenance. (a) The owner, or his agent, shall maintain all landscaping depicted on the approved plan in good condition, so as to present a healthy, neat and orderly appearance, free from refuse and debris, and in a manner quantity and variety required by this article, for the duration of use of the site. All landscaped areas shall be provided Indian River County Landscaping Ordinance Page 28 of 35 with an adequate irrigation system, as provided for in section 926.11. Completed project sites shall be reviewed periodically by code enforcement officials for compliance with these provisions, and any violations shall be presented to the code enforcement board. (b) Native plant areas used for landscaping purposes may be left in their natural condition, providing they are maintained so as not to create a health or safety hazard. These areas may also be excluded from the water supply requirements, providing they are in a healthy condition upon issuance of a final certificate of occupancy. Consistent with section 929.08, all approved sites and "native plant areas" shall be required to maintain the site free of any nuisance exotic plant species, as listed in Appendix B. (c) Mature trees shall not be pruned to reduce the canopy to less than the minimum fifteen -foot spread, except for the removal of dead or diseased wood. (d) Pruning techniques that are unhealthy or produce an unnatural appearance to a ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 50 tree or native palm are prohibited. Such techniques include topping, over -lifting, hat -racking, and lolly -popping, and excessive removal of green fronds and inflorescences, among others. (3) Replacement of required landscaping. Required landscaping that has died or has been removed shall be replaced by material which is equivalent to the size that the material should have attained from the time of project C.O. (certificate of occupancy), as follows: • From zero (0) to eighteen (18) months after project C.O., landscape materials may be replaced at the sizes must be replaced at a size no smaller than indicated on the approved site plan. • More than eighteen (18) months after project C.O., replacement shrubs shall be a minimum of thirty (30) inches in height, replacement canopy trees shall be a minimum of sixteen (16) feet in height and three (3) inches in diameter at 0.5 feet above grade, and replacement understory trees shall be a minimum of seven (7) feet tall with a one and one-half (1 1/2) inch diameter at 0.5 feet above grade. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-29, § 8, 12-16-97; Ord. No. 2001-031, § 1, 10-23-01) Section 926.13. Upland habitat protection regulations referenced. Chapter 929, Upland Habitat Protection, of the County Land Development Code sets forth criteria to conserve native upland plant communities occurring on a development site. Such provisions apply in addition to or overlap the requirements of this chapter, as specifically provided for in Chapter 929. (Ord. No. 90-16, § 1, 9-11-90) Section 926.14. Tree protection regulations referenced. Chapter 927, Tree Protection, of the County Land Development Code sets forth criteria regulating land clearing and tree removal activities, in addition to the provisions of this chapter. (Ord. No. 90-16, § 1, 9-11-90) Section 926.15. Single-family lot development canopy tree requirements. (1) Two (2) canopy trees, as defined in Chapter 901, shall be planted or preserved on single-family lots in conjunction with lot development. Said trees are required to be planted or preserved prior to county issuance of a certificate of occupancy for the residence. This requirement of two (2) canopy trees shall not apply to any single-family lot where an initial building permit application for home construction was submitted prior to March 14, 2005 (the effective date of this ordinance). Planted canopy trees shall be of a size, quality and type as specified in section 926.06 of this chapter. The owner of the lot shall be required to maintain the canopy trees in viable condition. (2) The following trees are approved for use to meet the single-family lot canopy tree ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 51 requirement of this section. Other canopy tree species may be used subject to county staff approval. Live oak (Quercus virginiana) Laurel oak (Quercus hemisphaerica) Diamond -leaf oak (Quercus laurifolia) Red maple (Acer rubrum) Dahoon holly (Ilex cassine) East Palatka holly (Ilex x attenuata East Palatka American holly (Ilex opaca) Southern magnolia (Magnolia grandii fora) Sweet Bay Magnolia (Magnolia virginiana) Southern Red Cedar (Juniperus silicicola) Persimmon (Diosypros virginiana) Red Bay (Persea borbonia) Indian River County Landscaping Ordinance Page 29 of 35 Swamp Bay (Perseapalustris) Loblolly-Bay (Franklinia lasianthus) Florida Elm (Ulmus Americana var. floridana) Sugarberry, Hackberry (Celtis laevigata) Sweet gum (Liquidambar styraciva) Sycamore (Platanus occidentalis) Seagrape (Coccoloba uvifera) Red mulberry (Morus rubra) Slash pine (Pinus elliottii) Bald Cypress (Taxodium distichum) ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 52 (Ord. No. 2004-041, § 3, 12-7-04) Appendix A: Native Plants Listed below are plant species native to Indian River County. While not required, the use of these species is encouraged on all landscape plans. A common definition of native plants is species indigenous to the land before European settlers arrived. A practical definition is a plant that occurs naturally in this area, with no assistance from any humans, and one that has established an interrelationship with the other organisms of the area in which it grows. Sources for Florida native plants currently available for landscaping are easily found on http://www.afnn.org. (See Appendix B for definition of "exotic".) Plants qualifying as native species that grow in this county include but are not limited to the following: (1) Native trees and shrubs for dunes or coastal hammock region. For purposes of this section, the coastal hammock region is the land located east of US Highway 1. (a) Native trees: 1. Semi salt -tolerant, suitable for barrier island: Live oak (Quercus virginiana) Red bay (Persea borbonia) Seagrape (Coccoloba uvifera) Cabbage palm (Sabal palmetto) Gumbo limbo (Bursera simaruba) Hercules club (Xanthoxylum clava-herculis) Buttonwood, green or silver (Conocarpus erectus) Black mangrove (Avicenna germinans) White mangrove (Laguncularia racemosa) Red mangrove (Rhizophora mangle) White stopper (Eugenia axillaris) Spanish stopper (E. foetida) 2. Suitable for hammocks or sandy areas not on barrier island: Slash pine (Pinus elliottii var densa) Live oak (Quercus virginiana) Scrub/Sand live oak (Quercus geminata) Sand pine (Pinus clausa) Chapman oak (Quercus chapmanii) Runner oak(Quercus minima) Myrtle oak (Quercus myrtifolia) Wax myrtle, Bayberry (Myrica cerifera) Scrub hickory (Carya floridana) Bluejack oak (Quercus incana) (b) Native Palms: all considered salt -tolerant and cold hardy. Varied characteristics: clumping, shrub, understory or tree height. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 53 Cabbage palm (Sabal palmetto) Paurotis palm (Acoelorraphe wrightii) Saw palmetto, green or silver varieties (Serena repens) (c) Native Shrubs: 1. Semi salt -tolerant, suitable for barrier island: Florida privet (Forestiera segregata) Simpsons stopper (Myricanthes fragrans) Marlberry (Ardisia escallonoides) Myrsine (Rapanea punctata) White indigo bevy (Randia aculeata) Necklacepod (Sophora tomentosa) Simpsons stopper or Twinberry (Myricanthes fragrans) Fiddlewood (Citharexylum fruticosum) Wild coffee, shiny leaved (Psychotria nervosa) Cocoplum (Chrysobalanus icaco) Jamaican caper (Capparis cynophallophora) Snowberry (Chiococca alba) Saw palmetto (Serena repens) 2. Non salt -tolerant. Suitable for hammocks or sandy areas not on barrier island. Firebush (Hamelin patens) Beautybeny (Callicarpa americana) Swamp hibiscus (Hibiscus grandiflorus) Rusty lyonia (Lyonia ferraginea) Wild coffee, soft leaved (Pyschotria sulzneri) Walter's viburnum (Viburnum obovamm) Tallowwood (Ximenia americana) (2) Native trees and shrubs for inland pine flatwoods or hammocks. For purposes of this section, inland area is land located west of US Highway 1. (a) Native Trees. 1. Prefer low-lying areas: Loblolly bay (Gordonia lasianthus) Swamp red bay (Persea palustris) Bald cypress (Taxodium distichum) Sweet gum (Liquidambar styraciflua) Sweet bay magnolia (Magnolia virginana) Red maple (Acer rubrum) Dahoon holly (Ilex cassine) Diamond leaf oak (quercus laurifolia) ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance Indian River County Landscaping Ordinance Page 30 of 35 F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 54 2. Prefer upland areas: Sugarbeny, Hackberry (Celtis laevigata) Florida elm (Ulmus Americana) Live oak (Quercus virginiana) Laurel oak (Quercus hemisphaerica) Cabbage palm (Saba] palmetto) Slash pine (Pinue elliottii var densa) Longleaf pine (Pinus palustris) Persimmon (Diosypros virginica) Southern magnolia (Magnolia grandiflora) Southern red cedar (Juniperus silicicola) Sumac, winged or shiny (Rhus copallina) East Palatka holly (Ilex attenuata `East Palatka) Wax myrtle, Bayberry (Myrica cerifera) (b) Native Shrubs. 1. Prefer low-lying areas: Carolina willow (Salix caroliniana) Virginia willow (Itea virginica) Shiny lyonia, fetterbush (Lyonia lucida) Florida anise (Illicium floridanum) Gallberry (Ilex glabra) 2. Prefer upland areas: Florida privet (Forestiera segregata) Rusty lyonia (Lyonia ferruginea) Beautyberry (Callicarpa Americana) Gallberry (Hex glabra) Walters viburnum (Viburnum obovatum) Cocoplum (Chrysobalanus icaco) Coontie (Zamia floridana) Coralbean (Erythrina herbacea) Firebush (Hamelia patens) Golden dewdrop (Duranta repens) Scarlet Hibiscus (Hibiscus coccineus) Marlberry (Ardisia escallonioides) Necklacepod (Sophora tomentosa) Yucca (Yucca aloifolia) Snowberry (Chiococca alba) Simpsons stopper or Twinberry (Myricanthes fragrans) Saw palmetto (Serena repens) (3) Native ground covers and flowers. (a) Semi salt -tolerant suitable for barrier island: ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 55 Beach sunflower (Helianthus debilis) Blanket flower (Gaillardia pulchella) Prickly pear cactus (Opuntia humifusa) Sand cordgrass (Spartina bakerii) Saltmarsh cordgrass (Spartina patens) Railroad vine (Ipomoea pes-caprae) Sea oats (Uniola paniculata) Sea Ox-eye Daisy (Borrichia frutescens) Horsemint (Monarda punctata) (b) Suitable for hammocks or sandy areas not on barrier island: Gopher apple (Licania michauxii) White lantana (Lantana involucrata) Sunshine mimosa (Mimosa strigulosa) Pink muhly grass (Muhlenbergia capillaris) Blue porterweed (Stachytarpheta j amaicensis) Southern shield fern (Thelypteris kunthii) Blechnum fern (Blechman serrulatum) Red sage (Salvia coccinea) Sword fern (Nephrolepis exaltata) (4) Native climbing vines suitable for fences: Coral or southern honeysuckle (Lonicera sempervirens) Maypop (Passiflora incamata) Native grape (Vitis spp.) Virginia creeper (Parthenocissus quinquefolia) Morning Glory (Ipomoea spp.) Climbing Aster Symphyotrichum carolinianum Carolina Yellow Jessamine Gelsemium sempervirens Appendix B: Exotic, Invasive Plants Exotic plants are not native to Florida, defined as those introduced, either purposefully or accidentally. Some exotic plants can expand on their own, thereby out -competing, displacing, and disrupting naturally occurring native plant communities. Invasive exotic plants listed on the Florida Exotic Pest Plant Council's "Category I List of Invasive Species" are prohibited. The updated list may be viewed at: http://www.fleppc.org/list/list.htm Appendix C: Preferred Grasses. Preferred grasses are those native to South Florida Flatwoods as listed by the Soil Conservation Service of the United States Department of Agriculture. Preferred grasses require little or no fertilizer, irrigation or mowing, to achieve ornamental effect. If the grasses listed below are not available, bahia may be used. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 56 Chalky bluestem (Andropogon capillipes) Creeping bluestem (Schizachyrium stoloniferum) Lopsided Indiangrass (Sorghastmm secundum) South Florida bluestem (Schizachyrium rhizomatum) Low panicum (Panicum spp.) Pineland threeawn (Aristida stricta) Seashore Paspalum Appendix D: Definitions of soils for use in landscape construction. (1) Myakka soil: The soil type adopted (May 22, 1989) as the state soil. Its composition is as follows: Indian River County Landscaping Ordinance Page 31 of 35 Surface layer: gray fine sand Subsurface layer: light gray fine sand Subsoil: dark reddish brown fine sand with organic stains Substratum: brown and yellowish brown fine sand Source: US Department of Agriculture Natural Resources Conservation Society. (2) Criteria for hydric soils: all Histosols except Folists; soils that are frequently ponded for long duration, or very long duration during the growing season; or soils that are frequently flooded for long duration or very long duration during the growing season. Source: USDA Natural Resources Conservation Service, Hydric Soils, Criteria/NRCS Soils (3) Examples of hydric soils in Indian River County: Terra Ceia muck Canova muck Gator muck McKee mucky clay loam Manatee mucky loamy fine sand, depressional Floridana mucky fine sand depressional Samsula muck Delray muck Kesson Muck Source: Florida Portion of the National Hydric Soil List, August 11, 2005. Appendix E: Littoral Species. (1) Native species suitable for littoral shelf plantings. (a) Transitional zone (planting depth: 0 to 1 ft. above the ordinary water line): ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 57 1. Trees and shrubs: Buttonbush (Cephalanthus occidentalis) Cypress (Taxodium spp.) Cocoplum (Chrysobalanus icaco) Dahoon holly (ilex cassine) Firebush (Hamela patens) Laurel oak (quercus laurifolia) Leather fern (Acrostichum danaeifolium) Pond -apple (Annona glabra) Redbay(Persea borbonia) Red maple (Acer rubrum) Swamp fern (Blechum serrulatum) Sweet bay magnolia (Magnolia virginiana) Wax myrtle (Myrica cerifera) Wild coffee (Psychotria nervosa) 2. Welland plants: Blue flag iris (Iris virginicus) Lizard's tail (Saururus cemuus) Muhly grass (Muhlenbergia capillaris) Sand cordgrass (Spartina bakeri) Short spike rush (Eleocharis geniculata) Soft rush (Juncus effusus) St. John's wort (Hypericum fasiculata) (b) Shallow zone (planting depth: 0 to 1 ft. below the ordinary water line): Arrow -arum (Peltandra virginica), likes shade Blue flag iris (Iris virginicus) Coastal arrowhead (Sagittaria graminea) Common arrowhead (Sagittaria latifolia) Duck potato (Sagittaria lancifolia) Fire flag (Thalia geniculata) Floating hearts (Nymphoides aquatics) Golden canna (Canna laccida) Lizard's tail (Saururus cemuus) Pickerelweed (Pontedaria cordata) Soft rush (Juncus effusus) Soft -stem bulrush (Scirpus validus) Swamp lily (Crinum americanum) (c) Mid -range zone (planting depth: 1 to 2 ft. below the ordinary water line): Bulrush (Scirpus spp.) Pickerelweed (Pontedaria cordata) Soft -stem bulrush (Scirpus validus) ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 58 Spike rush (Eleocharis interstincta, Eleocharis cellulosa) (d) Deep zone (planting depth: 2 to 3 ft. below the ordinary water line): Fragrant water lily (Nymphaea odoata) Spatterdock (Nuphar luteum) (2) Exotic -invasive and undersirable-invasive plant species (Prohibited from littoral zone plantings): Alligator weed (Alternanthera philoxeroides) Cattails (Typha spp.) Common reed (Phragmites australis) Elephant grass (Pennisetum purpurea) Elephant, wild taro (Colocasia esculenta) Hydrilla (Hydrilla verticillata) Maidencane (Panicum hemitomon) Primrose willow (Ludwigia peruviana) Torpedograss (Panica repens) Water hyacinth (Eichhornia spp.) Water lettuce (Pistia stratiotes) Willow (Salix spp.) INSERT EXHIBIT "A" GRAPHICS AT END OF CHAPTER 926; DELETE ALL OTHER GRAPHICS IN CHAPTER 926 Section 930.07(1)(m), stormwater maintenance areas, is hereby amended to read as follows: (m) (1) All stormwater facilities shall be established in dedicated stormwater management tracts, easements, or specified common areas. The plat and any Indian River County Landscaping Ordinance Page 32 of 35 homeowners' association documents, property owners' association documents, condominium documents, deed restrictions, or other legally binding instruments shall describe the location of such areas, specifically define the mechanism for preservation and maintenance of any private drainage systems, and shall appoint an entity responsible for perpetual maintenance and preservation. (2) All wet detention stormwater management tracts (not including swales) greater than one-half (0.5) acre at control elevation, shall include a maintenance area free of obstructions except as otherwise provided below. The maintenance area shall have a slope not steeper than eight -foot horizontal to one -foot vertical (8:1) and shall be a minimum of fifteen (15) feet wide, completely around and outside the area submerged by the twenty -five-year, twenty -four-hour design stormwater elevation. Within ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901,911,913,926,930, & 934 Landscaping.RTF 59 residential developments, the maintenance area shall be located entirely within the stormwater management tract and shall not be part of any lot. If proposed lots or tracts are to be under separate ownership, then the maintenance area shall be connected to an ingress -egress or other appropriate easement, or public right-of-way, having a minimum width of fifteen (15) feet. Open channels and swales in single-family residential developments shall be located within easements that are a minimum of fifteen (15) feet wide for access and maintenance. (3) The requirement of a maintenance easement area and the prohibition of obstructions in subsection (m)(2) may be waived in part or in whole by the public works director based on site and design characteristics, which may include the following: 1. The ability to maneuver and operate maintenance equipment as necessary, 2. Preservation of existing trees and native vegetation, and 3. Proposed landscaping improvements. Generally, landscaping within the maintenance area must be designed using groups of plantings not exceeding fifty (50) feet in length with a minimum separation of one hundred (100) feet between planting groups. Between such groupings a ten -foot wide access path shall be maintained. The county shall not be responsible for restoration of any damage to the landscaping that may occur in the event the county performs maintenance within the maintenance area. (4) The design of retention or detention facilities within a single-family residential development shall meet slope requirements of the county and any other agency that may employ such criteria. Such retention or detention facilities designed to impound more than two (2) feet of water shall be graded to slopes no steeper than four -foot horizontal to one -foot vertical (4:1) to a minimum depth of two (2) feet below the control elevation, or a properly designed retaining wall shall be used. Drainage systems that will not impound more than two (2) feet of water shall not exceed slopes of three-foot horizontal to one -foot vertical (3:1) unless otherwise approved by the county or provided for under specific design criteria by other sections of the land development regulations. (5) Drainage systems, in all developments other than single- family residential developments, shall maintain maximum slopes of two (2) horizontal to one (1) vertical for swales less than or equal to two (2) feet deep and three (3) horizontal to one (1) vertical for all swales more than two (2) feet deep. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 60 (6) Dry retention slopes and wet retention slopes above the design normal or control water elevation shall be grassed or otherwise stabilized. Retention or detention ponds with any area having more than two (2) feet of water at design storm or permanent pool with the exception of ponds, or lakes, in golf courses, public parks or in developments in which the pond, or lake is designed to serve as an aesthetic amenity to the development, shall be Indian River County Landscaping Ordinance Page 33 of 35 fenced with a minimum four -foot high fence as determined by the public works director. (7) Maintenance areas shall not be required along shorelines adjacent to littoral zones, provided that maintenance access is not inhibited to the remainder of the stormwater management tract. Such access may be provided by means of an easement around the littoral zone, an ingressegress easement of a minimum width of fifteen (15) feet, a turn- around area within the maintenance area, or as otherwise approved by the public works director or his designee. Section 934.05, water management standards, is hereby amended to read as follows: On project sites exceeding ten (10) acres in area, A any excavation or mining activity in the unincorporated county which results in the creation or expansion of a waterbody (as defined in Chapter 901) greater than one-half (1/2) acre in size shall be subject to the following standards, except as specifically exempted in Section 934.04 of this chapter. The littoral zone provisions of this section shall not apply to created or expanded waterbodies of any size in cases where the St. Johns River Water Management District has permitting jurisdiction and does not require littoral zone(s) due to permanent pool volume design or other design parameters. The requirements of this section shall not apply to small lot single- family subdivisions, which, as designated in Section 971.41(9), are expressly to provide workforce or affordable housing. (1) A littoral zone(s) shall be established as part of the created waterbody. A design and management plan must be submitted which shall: (a) Include a topographic map of the proposed littoral zone(s) showing the control elevation contour and the minus two -and -one -half -foot control water elevation contour, and include a cross -sectional view of the littoral zone(s) planting design, showing the required slopes from the top of the bank to a depth of two and onehalf (2 1/2) feet below the control water elevation; (b) Specify how vegetation is to be established, including the extent, method, type and timing of any planting provided; (c) Provide a description of any water management procedures to be followed in order to ensure the continued viability and health of the littoral zones; (d) Include a plan view which documents the location and extent of the littoral zones, ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 61 including the percentage of the waterbody surface area (at control elevation) covered by vegetated littoral zones. (2) The established littoral zone(s) shall consist of native vegetation, and shall be maintained permanently as part of the waterbody. All landscaping, littoral zone revegetation plans and lake management plans shall comply with St. John River Water Management District rules. (3) Littoral zone design requirements: (a) The slope for the planted littoral zone shall be no steeper than one (1) foot vertical to ten (10) feet horizontal to a distance of five (5) feet waterward of the designated planted littoral zone area. Excluding the planted littoral zones, slopes shall not exceed one (1) foot vertical to four (4) feet horizontal. Certified drawings of the littoral zone slopes must be sent to the planning division within thirty (30) days of slope construction. (b) Littoral zones must be at least thirty (30) percent of the waterbody surface area, or twenty-one (2 1) square feet per lineal foot of shoreline, whichever is less. Littoral zones must be located between one (1) foot above ordinary water level (OWL) and two (2) feet below OWL, as determined by the applicant's engineer or designee unless otherwise approved by the community development director or his designee. (c) The littoral zone must be provided with a minimum of six (6) inches of sand topsoil mix unless otherwise approved, and planted with at least five (5) species at an average spacing of two (2) feet on center. Inter -plant spacing will vary with species, and must be depicted on the littoral zone vegetation plan. (d) A minimum of one tree shall be provided for every five hundred (500) square feet of littoral zone coverage. The proposed trees must be a minimum of five (5) feet in height at time of planting (measured at planting depth) and consist of native, freshwater wetland varieties (e.g. red bay, red maple, bald cypress, loblolly bay). (e) Appropriate species for littoral zone plantings, including trees, are listed in Chapter 926, Appendix E. (4) Conformance: Indian River County Landscaping Ordinance Page 34 of 35 (a) The planted littoral zone must meet an eighty (80) percent coverage within six (6) months, and be less than five (5) percent exotic or invasive non-native plant species after the first year. Monitoring reports are required, and must be submitted to Staff at time zero (0), ninety (90) days, six (6) months, and one (1) year after planting. The applicant must notify the planning division forty-eight (48) hours prior to completion of littoral zone planting. ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 62 (b) Littoral planting zones are to be identified graphically and in writing on a restrictive covenant in a form acceptable to the county attorney. The plat, if applicable, must reference the restrictive covenant. The exact language as seen in the Littoral Zone Restrictive Covenant must be followed. The restrictive covenant and plat, if applicable, must be reviewed by the planning division prior to recording. A copy of the recorded restrictive covenant must be provided to Staff prior to approval of the land development permit. (c) Planting of the littoral zones must be completed prior to issuance of a certificate of completion or the first certification of occupancy for any lot adjacent to or abutting the lake, whichever occurs first. (d) All excavations must comply with "Best Management Practices for the Construction Industry." (f) Planted littoral zones must be maintained in perpetuity in compliance with these planting requirements, and with "Best Management Practices." (3) Within extended littoral zone shelves (at the landward base of the littoral zone side slopes), the applicant is required to provide a minimum of one tree for every five hundred (500) square feet of littoral zone coverage. The proposed trees must be a minimum of five (5) feet in height at time of planting (measured at planting depth) size consistent with Florida Division of Forestry seedlings (ten (10) inches tall at planting depth) and consist of native, freshwater wetland varieties (e.g. red bay, red maple, bald cypress, loblolly bay). (4) The slopes of the waterbody areas from top of bank to the littoral zone area shall not exceed one foot vertical to three (3) feet horizontal. Littoral zones and extended littoral zone shelves shall be located within an area bounded by a landward limit of one foot above the control water elevation and a waterward limit of two and one-half (2 1/2) feet to four (4) feet below the control water elevation. At least thirty (30) percent of the waterbody surface area, or twenty-one (21) square feet per lineal foot of shoreline, whichever is less, shall consist of a littoral zone. The thirty (30) percent is calculated based on the ratio of vegetated littoral zone to surface area of the waterbody at the control elevation. Within the planted littoral zone(s) area(s), the littoral zone slope shall not be steeper than an average slope of one foot vertical to six (6) feet horizontal, and the littoral zone need not be established in a continuous band around the waterbody. Although no minimum slope below the littoral zone is required, the slope below the littoral zone shall be constructed so that natural soil movement will not reduce the littoral zone area. (5) There will be no significant adverse off -site impact on groundwater quality or groundwater levels. In the event of dewatering associated with excavations (including mining), the applicant shall present evidence that no salt -water intrusion and/or reduction in quality or quantity of well water available to properties within one- fourth (1/4) mile of the permitted ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 63 activity will occur. (6) The water management system, including swales and interconnected wetlands and lakes, must be specifically designed to inhibit siltation and eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, specifying the method for monitoring the system and corrective actions should eutrophication and/or siltation occur. (7) A fifteen -foot -wide access maintenance easement shall be provided for every one thousand (1,000) feet of shoreline. This easement shall extend from below control elevation of the lake to a public or private road right-of-way. (8) The littoral zone will be considered as fully creditable towards the 2:1 mitigation Indian River County Landscaping Ordinance Page 35 of 35 ratio for freshwater emergent wetlands; (ref. Chapter 928, Wetland and Deepwater Habitat Protection). SECTION #2: SEVERABILITY. If any clause, section' or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE. This Ordinance shall take effect on March 31, 2007. In addition, all preliminary plat applications and site plan applications filed prior to March 31, 2007 and not approved by June 29, 2007 (90 days from the effective date) shall be subject to this Ordinance. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this day of 2007. This ordinance was advertised in the Press -Journal on the day of 2007, for a public hearing to be held on the day of , 2007, at which ORDINANCE 2007- Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 901, 911, 913, 926, 930, & 934 Landscaping.RTF 64 time it was moved for adoption by Commissioner, seconded by Commissioner , and adopted by the following vote: Chairman Gary C. Wheeler Vice Chairman Sandra L. Bowden Commissioner Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Gary C. Wheeler, Chairman ATTEST BY: Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: , and is to take effect on APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; Community Development Director Model Native Plant Landscape Ordinance Handbook ©Saitley Damn Florida Native Plant Society Post Office Box 278 Melbourne FL 32902-0278 Email: info(alfnos.ore Website: www.fnp&org Prepared by: Conservation Clinic University of Florida Levin College of Law Erika Zimmerman, J.D. Candidate Thomas T. Ankersen, Director Erick Smith, Advisor, FNPS Payne's Prairie Chapter TABLE OF CONTENTS 1. OVERVIEW..............................................3 H. AUTHORITY TO ENACT LANDSCAPE ORDINANCES .......... 4 III. METHODS..............................................5 IV. ISSUES.................................................6 V. ANNOTATED MODEL LANDSCAPE ORDINANCE REQUIRING THE USE OF ONLY APPROPRIATE NATIVE VEGETATION ... 9 APPENDIX A Existing "Native Plant" Definitions .......................38 APPENDIX B References from the Model Ordinance..................41 o Definition of a "Florida Native Plant," FNPS Bound of Directors, 1994 o Cost Comparison for Landscape Planting, Kanner Veaudry o Excerpt from Sarasota County Water -Efficient Landscaping Regulations o Audubon Cooperative Sanctuary Program (ACSP) for Golf o Description of the City of Scottsdale, Arizona native plant protection strategies o City of Scottsdale, Arizona, Native Plant Protection Ordinance o Voluntary Codes of Conduct for Botanic Gardens and Arboreta, February 2002 o Excerpt from City of Jacksonville Landscape Commission Ordinance o Excerpt from City of Jacksonville Tree Protection Regulations c Excerpt from City of Winter Park Tree Replacement c City of Sanibel Landscape Ordinance o Palm Beach County Prohibited Invasive Non -Native Vegetation Removal Ordinance Page 2 of 47 I. OVERVIEW Appropriate native vegetation Is defined as vegetation found in the natural community that is stated to the soil, topography, and hydrology wit particular site Current landscape laws mid regulations in Flonda fad to adequately protect and encourage the use ofnative plant species, leading to landscape that is damaging to the namml environment The Florida Native Plant Society (FNPS) presents these model landscape guidelines and landscape ordinance suggestions that require the use of only appropriate native vegetation in all public landscaped areas and minimum percentages of appmpnate native vegetation for private, newly landscaped areas Key Issues that threaten Florida's native plant populations that warrant analyzing regulatory and incentive based policies are the elimination of harmful, Invasive plant species and to provide much needed protection for threatened and endangered native species. Local governments can derive substantial benefits from promoting and protecting native vegetation that is appropriate to the area "Appropriate native vegetation" is vegetation found in the natural community that Is suited to the sod, topography, and hydrology of a particular site r The use of appropriate native vegetation in local landscaping can help achieve water conservation goals, preserve habitat in urban areas, greatly reduce maintenance costs for landscaping, and protect property values This model ordinance is intended to be used by local governments that wish to adopt or amend their existing landscape ordinance to encourage or require the use of appropriate native vegetation in all landscaped areas. This document provides sample language that can be adopted by a local government that wants to promote these goals and acquire the benefits of appropriate native landscaping. The ordinance guidelines have been annotated to provide background information and rationales behind the key provisions These annotations, noted in italics, serve to explain the importance of each provision and are not official language that would be adopted as a part of the landscape ordinance The model ordinance is designed to be used by local governments to Improve the landscape principles that guide landscaping of all new developments Local governments may decide to adopt this ordinance in whole or only certain provisions, as others may be covered by existing regulations The annotations also include alternative drafting options that provide Flexibility for a community to adopt a landscape ordinance that promotes appropriate native vegetation and meets its particular needs The goal of the model ordinance is to provide a comprehensive plan to promote appropriate native vegetation and best landscaping practices It therefore includes provisions to address issues such as education about native plants, including a requirement for a landscape manual that delineates best landscaping practices using native plants In addition, this model ordinance provides a framework against which existing ordinance provisions can be questioned, including those which allow the expansive use of Invasive plants that are detrimental to the environment. It includes provisions that prohibit these harmful plants 'Pais, D 1994 Toward a Working Definition of^Flonda Native Plant" The Palmetto, 14(3),17 Amdahle at him //www,Pops 0rg/paimetw/v1413pl7pms pdf (July 6, 2002) as well as establishes protection methods for endangered and threatened plants that are often weakly protected or ignored in existing landscape codes. Many city and county governments throughout Florida have already addressed the preservation and planting of Florida native plants in their communities The following is a listing of those municipalities that have taken a pro -active approach Brevard - 50% Native vegetation occurred - Satisfaction of the landscaping standards shall be achieved through the preservation of existing native vegetation to the Greatest Extent Feasible When the minimum landscaping standards cannot be achieved through preservation, plantings of new vegetation shall be required to meet the standards Dade County - 30%Native vegetation required Indian River Conroe - 50%Native vegetation required - Minimum number of species diversity required - Wide planted buffers between commercial properties & along roadways Islamorada - 75% Native vegetation required - The director of planning and development services may reduce the height requirement 50 percent for rare native plant species. Kev Colony Beach - 50%Native vegetation or xeriscape vegetation required Key West - 70% Native vegetation required - The natural landscape of the site shall be preserved as much as possible - Prior to the Issuance of certificate of occupancy for a new development, the owner/applicant shall remove all nuisance and Invasive vegetation from the site for which a development order or permit is requested. - The clearing of native vegetation sufficient to create the required landscape screening or portion thereof is prohibited without approval from the city - Credit shall be granted for trees which are preserved on a site and which meet the tree requirements of any landscaping section of this division Lee County - 75%Native vegetation required for tree species; 50%Native vegetation required for shrub and groundcover species Manatee County - 30%Native vegetation required - Residential Street Trees Existing native trees should be used to fulfill ordinance requirements when feasible - Preserve native plant communities is encouraged and required as appropriate - Right plant in the right place for soil conditions - Plantings in required landscape areas shall be with plant species that are native and/or naturalized to Florida All required landscape areas shall retain existing native trees, shrubs, groundcover and grasses to the greatest extent Page 3 of47 Page 4 of 47 possible Native plant species typical to the vegetative communities found in non -coastal Manatee County shall be encouraged. Marathon - 70%Native vegetation required Martin County — 50% Native vegetation required Monroe County — 70% Native vegetation required Miami - 30%Native vegetation required - The right plant in the right place for dry and wet soils Reduce negative impact of exotic pest plant species - Prohibit use of noxious exotic plants which invade native plant communities - Maximum size of turfgrass lawn area - One native plant per square foot in retention/detention areas Ocoee —40%Native tree required, 40%Native shrubs and groundcover required. Pasco County — 30% Native vegetation required Polk County - Recommends native vegetation and includes native vegetation on the recommended plant list St Lucie County - 50% Native vegetation or waterwise landscape required - Existing, native trees, vegetation and other natural features shall be preserved to the extent practicable -Residential 100%of the planted trees shall consist of native species or waterwise vegetation - Agriculture/horticulture buildmgs'. 100% of the planted trees shall consist of native species - Large scale residential and commercial: A minimum of 15%of any existing native upland habitat on the property must be preserved in its natural condition as part of the required 35 percent common open space For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. - Planned Unit DevelopmentsA minimum of 50% of any existing native upland habitat on the property must be preserved in its natural condition as part of the required open space For each acre of preserved native habitat above the required minimum 50% that is preserved in its original stale, credit shall be given at a rate of 150% per acre towards the remaining open space requirement - The preservation of existing native vegetation shall be required where the location of said vegetation is not in conflict with the proposed building or parking areas. The County may require that reasonable changes be made to any site plan or application for budding permit for the purpose of preserving or protecting any special or unique existing tree(s) or native habitat 100%of required lawn areas shall consist of water -wise turfgrasses listed in Section 7.09.04(L)(2)(a) If the site's proposed landscape plan preserves all or a substantial pan of the existing native vegetation found on the property, then the requirements of this landscape section may be presumed to be satisfied The county shall determine if the quality and quantity of the preserved native vegetation meets the intent of this Code. Preservation of existing native upland plant communities on the site may substitute for all landscape requirements if 1 The existing native plant communities shall be viable and in good condition and include canopy, undersiory, and ground cover. 2 The existing native plant community/communities is protected by a conservation easement or other legally enforceable preservation mechanism. 3 The execution of the site plan will not threaten the viability of the existing native plant community 4 The plant community to be preserved shall be at least one-half (1/2) acre in size, except that micro -communities totaling at least one-half (1/2) acre may be preserved providing that each micro -community is at least ten (10) feet in width and contains at least one hundred (100) square feet. 5. A management plan is submitted to show how the viability of the preserved communities will be maintained without the use of heavy equipment Page 5 of47 Page 6 of 47 I1. AUTHORITY TO ENACT LANDSCAPE ORDINANCES Local governments may adopt ordinances in the interests of rpublic health, safety, and welfare, as long as their powers are exercised for a valid public purpose and the means chosen to serve the purpose are not arbitrary or unreasonable' The Municipal Home Rule Powers Act implements home rate provisions of the Florida Constitution that provide that counties and municipalities have governmental, corporate, and proprietary powers to enable them to conduct government, perform governmental functions, and render governmental services, except when expressly prohibited by law.' Article VIII of the Florida Constitution grants counties and municipalities the power to enact legislation' Procedures for the adoption of ordinances and resolutions are provided by section 166,041 of the Florida Statutes A county or municipality may also, under its home rule powers, proscribe penalties for violation of its ordmancese Any prior ordinances are repealed to the extent that they are in conflict with a subsequent adopted ordinance r Landscape ordinances nationwide have been upheld under the power local governments have to apply restrictions to pnvate land in the interest of public health, safety, and welfare. The power of cities to apply restrictions to the use of private land was upheld in 1926 in Euclid v Ambler Rea[ry,s which is the basis of modem zoning laws. The Supreme Court in Euclid determined that "every community has the right to determine its own character and the nature of development within "This authority validated in Euclid was successfully applied to planting requirements for the first time in 1949 in Ayres v. City Counted of Las Angeles.' Furthermore, in 1954, the Supreme Court upheld a local government's ability to require plantings as a means of beautification in Berman v. Parker,10 stating that. The concept of the public welfare is broad and inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, sPamous as well as clean, well balanced, as well as carefully patrolled. I Landscape ordinances have also been consistently upheld by the Florida courts "Thus, a local community can enact an ordinance, such as this model landscape ordinance, in the interests of public health, safety, and welfare In addition, in sections 125 568 (Counties) and 166 048 ' State v City ofSunnse, 354 So, 2d 1206, 1209 (Fla 1978) ' Carter v Town of Palm Beach, 327 So 2d 130 (Fla 1970) ° FLA STAr § 166 02Ill) 12004) ' Municipalities pursuant to Section 2(b), Article VIII, Fla. Const, Counties pursuant to Section (1)(f) [non-chaner counties] and section it)(,) (charter counhea], Article Vill, Fla. Const ° Thomas v Stale, 583 So 2d 336 (1991), approved 614 So 2d 468, Op Any Gen No 89-N, April 21,1989 ' Gweley v City of Jacksonville, 17 Fla. 174 (1879). ° Village of Euclid, Ohm v Ambler Realty Co, 272 U S 365 (1926) 'Ay res v City of re Angeles, 207 P 2d 1 (1949) 10 marrinv Parker, 'AS US 26(1954) Id. "See a g. City Nat Bank ofMiaml v. City ofComi Spring, 475 So 2d 984 (Fla. App 4 Dist, 1985) (finding that City validly imposed a condition of approval for proposed plat for cm,emence store of o ten -foot buffer strip of landscaped area along one boundary of the plat, as reasonable application of the city's code ofordnuncen (Cities) of the Florida Statutes, the State of Florida recognizes the scarcity of natural resources, particularly water resources, requiring that local governments consider adopting ordinances that will reduce the amount of water used for irrigation of landscapes Consistence with the Conommis enve Plan All ordinances must be consistent with the local Comprehensive Plan Each local government in Florida is required to adopt a comprehensive plan for the lands within itsjurisds(lon pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act ("Growth Management Act"), F S § 163 3161 through 163 3217 A landscape ordinance is a land development regulation (LDR)", and in order for an LDR to be effective, it must be consistent with the local government's existing comprehensive plan 14 The comprehensive plan is like a constitution that states goals, objectives, and policies for future planning of the local government." If any provision of the ordinance is in conflict with the comprehensive plan language, then that provision will be held invalid. Therefore, any local government wishing to protect native vegetation should also consider amending then comprehensive plan to include language, likely in the conservation element of the Comprehensive Plan, that encourages or requires the use of appropriate native vegetation on landscaped areas and encourages the protection of existing appropriate native plants. Since comprehensive plans are legislative actions, challenges to plans confront a very difficult "fairly debatable" standard whereby great deference is given to local legislative decisions. " The challenger must show that the data and analysis relied upon to create the comprehensive plan was so deficient according to professional standards that no fair argument can be made in support of the decision " o Florida.untacs section 163 3213(2)(b) defines "Land Development Regulation" as an"ordinance enacted by a local govemm, body for the regulation of any aspect of development, including a subdivision, budding construction, landscaping, tree proucnon, or sign regulation or any other regulation concerning the development of land" 14 FLA S'1A'I§ 1633194(1)(b)(2004) o Machado v Musgrove, 519 So 2d 629, 632 (Fla App 3 Dist, 1987) 10 Martin County v. Yusem, 690 So 2d 1288 (Fla 1997), o Seegenemlly d Page 7 of47 Page 8 rL 47 III. METHODS The purpose of drafting this ordinance is to create a reference by which a local government or community can amend their existing landscape ordinance or adopt a new landscape ordinance which will promote and protect appropriate native vegetation In order to draft this model ordinance, we researched existing landscape and tree protection ordinances from around the state of Florida and the nation. is We first determined the essential legal elements of a landscape ordinance that must be included in order for the ordinance to be both valid and feasible These provisions include procedures for variances, appeals, and resolution with conflicting laws. We then compared each of these ordinances in terms of their strengths and weaknesses in protecting and promoting appropriate native vegetation. We determined that there was a wide range of landscape ordinances and approaches to landscaping both within the state of Florida and nationwide Many of the ordinances failed to address native plants at all. Others contained landscaping requirements that could favor the use of non-native plants over natives Some required that a certain percentage of the landscaped area be planted native. Most of these ordinances, however, failed to fully protect and promote native vegetation, particularly native vegetation that is appropriate to the particular sort, topography, and hydrology of a site A main goal, therefore, in drafting this model ordinance was to create a feasible landscape ordinance that maximizes the use of appropriate native vegetation and encourages the protection of existing native vegetation. In addition, we found that the majority of landscape ordinances fail to adequately deal with the problem of invasive plant species and lack adequate protections for threatened, endangered, and rare plant species. We therefore drafted provisions in this model ordinance to address these two elements of protecting native plants. The model ordinance was initially presented for comments to a small, expert group of landscape architects and local government planners in November 2004 On February 24, 2005, a native plant ordinance workshop open to the public was held at the University of Florida to present the draft model ordinance and receive comments during a three week comment period These comments were all reviewed and considered in further editing of the model ordinance IV. ISSUES In drafting this model ordinance, the main goal was to design landscape provisions that are the most protective of appropriate native vegetation in order to ensure that the benefits of native landscaping, as listed in the "Purpose and Intent" in section 2 of the ordinance, are achieved Additionally, our goal was to draft a model ordinancethat could be adopted or used to amend an existing landscape ordinance by any local government or community. In order to satisfy these goals, we identified issues that are central to the challenges of drafting such an ordinance. These issues are addressed below. How Native9 A major consideration facing communities considering a native plant ordinance is the extent to which native plant usage is required. Individuals within communities and native plant advocacy groups may differ in their approach to this question Some communities establish a percentage of cover. For example, City of Sanibel has a 75%coverage requirement, the highest percent cover we encountered in Florida. This model ordinance addresses this by establishing an unspecified minimum percentage and requiring retention of existing appropriate native vegetation where possible In the case of public property, the requirement is 85% native Aimumenwe Native Veeetation Simply because a plant is a Florida native does not mean it should be planted on a specific site Sites vary in their sod characteristics, topography, hydrology, fire regime, and these environmental factors influence the natural plant communities. Because Florida has a wide range of naive plant communities, this ordinance leaves appropriateness determinations to individual local governments In order to guide appropriateness determinations, the ordinance requires the community to establish landscape categories based on soil, topography, and hydrology and include a list of appropriate native plants for each landscape category in a technical manual that the local government must develop based on its plant communities Installation size requirements for native plant material are typically smaller in size than exotic plant material due to the fact that native plants are long lived and therefore takes longer to grow Adjustments in plant installation size requirements may need to be made Plant lists should include a wide range of diversity and all commercially available native plants in groundcover, low shrub, large shrub, understory tree, canopy tree, wetland plants in the region should be listed. Soil Additions Any new soil required shall be similar to the existing sod in pH, texture, permeability & other characteristics "One resource which was helpful in this research process �s BOIX Aaw.Y, U S LNNDSCAPG ONUINANims AN Mulch ANNOrATan l eotiumch HANnBGOx (1998) This book contains a review ofex,song landscape ordinances nationwole Page 9 of 49 Page 10 of 4 Cypress mulch is not recommended due to the detrimental effects of logging wetland and aquifer recharge areas to acquire this material. Natural leaf litter, pine needles or mulch nuggets from a sustainable source are preferred. Landscape Re prrcments for Smule-Family Residences Generally, landscape ordinances do not apply to single-family residential properties. Single. familyresidences, however, often constitute a significant portion of a local government's landscaped areas The inclusion of single-family residential properties in the requirements of this ordinance will therefore greatly increase the amount of habitat that is created and protected for appropriate native plants and associated native communities, as well as increase the benefits that will be received from a community -wide promotion of native plants. A balance should be struck between achieving the goals of planting in all landscaped areas with appropriate native plants and Imposing an onerous burden on residential landowners. This balance is achieved in the model ordinance by significantly lessening the requirements for landscape plan approval for single-family residential properties and allowing for flexibility in design This includes the requirement that a single-family residential landowner submit a list of plants to be used in the landscaped area to ensure that they are appropriate native plants. A key to the effectiveness of the ordinance is education of the public and providing tools that are readily available to help landowners design native landscapes Single-family landowners need to be. aware of the benefits of native landscaping, the types of native plants that are appropriate to their particular area, and the landscape practices they should use. Snecifieite of Landscane Needs By LocalityLandscape Manual This model ordinance is designed to be used by any local government or community. Because landscape ordinances can be very complex and vary by the type of region in which the local government or community is located, as well as its needs, specific landscape requirements are difficult to draft in a model ordinance. Some communities choose very detailed requirements while others give only general guidelines Section 11 of this ordinance, `Landscaping Requirements," therefore, only suggests key topics that should be addressed in a landscaping requirements section, including protection of existing appropriate native vegetation. Each zoning category should have specific landscaping requirements to meet the unique needs in that landscape category In addition, as noted in the annotations of the model ordinance, within each zoning category there may be additional requirements to deal specifically with very large developments and preservation of natural areas. This ordinance incorporates by reference a landscape manual which should be developed with local expertise Invanives &a a Public Nuisance and Limits on Weed Control Laws This ordinance is unique in its treatment of Invasives under Florida nuisance law The ordinance declares Invasive species to be public nuisances and authorizes the local government to require removal. The local government must provide notice of the nuisance to a landowner and provide an opportunity for the landowner to cure the nuisance by removal, after which the local government may undertake removal and seek cost recovery This is not unlike treatment ven to other public nuisances, such as excessive wildfire fuel build up and hazardous structures.¢' The ordinance also prohibits public and private "weed control laws." Weed control laws have been used to harass native landscapers for falling to conform to aesthetic standards favoring exotics Rare. Threatened. and Endaneered Plants The ordinance also addresses the protection of threatened and endangered as well as rare plants and adopts an incentive based approach that Includes expedited review, fee waivers, and other incentives However, some communities have prohibited the removal of rare plants without authorization The City of Scottsdale, Arizona, for example, requires a permit to remove any native listed as rare pursuant to their local ordinance $0 Landscape Committee This ordinance creates a landscape committee (Seaton 27) which advises the local governing body in matters of policy including developing the landscape manual Responsibility for day-to- day implementation of this ordinance remains with local government staff. Irnionim, Fertihzers and Pesticides This ordinance does not address issues related to irrigation, fertilizers and pesticides Local government authority to regulate irrigation may be restricted by the authority of the state's water management districts" Fertilizer and pesticide use are also not addressed by the ordinance. However, there are state and local government precedents for the outright banning or restrictions on use of fertilizers, especially adjacent to water bodies.21 Enforcement In order for any landscape ordinance to be effective, it must be supported by effective enforcement''-' This means that there must be sufficient resources for inspection of landscaped is J Morgan Vanier and David Stelnau, Wildfire in Florida Issues of Law and Forestry Practices, a report to the miry of Waldq Florida, June 2001 AindaAle al hair onavlaw.ull.edv cnnaxminrion ndllvermner1rJ(, City of Soonedale Native Plant Ordinance, Ch 46, An. V d1FI.A. SIAI P 373217(2),(3),(4)(2004L 31 Recently, the City of Madison and surrounding Dane County in W lscoman and the State of Minnesota have all passed measures that ban the sale and use of phosphorus tern hzere on domestic lawns Each oft1uee bans was passed In an attempt to prevent and reverse the continued cultural eutmphmation In lakes and streams from phosphomscuntamination All ofthe measures provide limited exceptions In the case ofa new lawn being established or the performance ofa sail test showing a phosphorus deficiency, See Jason Evans & Adam Regar, Murky Waters. Femlorn Ordinances and Best Management Practices as Policy Tools for Achieving Water Quality Protection in Florida's Lakes, Streams, and Bays (December 20041(avedabla at but /Avww law on eda/conservwiaNresonmea/recn,, r,, ehmA r aml) 11 Lure R,Duryea, Alachua County Forest, Cheom,renaace 'Gord lies Poulechon awl Laactoze Ordinances Page I 1 of 47 Page 12 of 47 areas, serious and deterrent punishment for violations, and effective incentives to promote and protect appropriate native vegetation Because resources allocated to landscape enforcement are often Lmited, it is essential that landscape compliance is an integral pan of the development approval process. V. ANNOTATED MODEL LANDSCAPE ORDINANCE REQUIRING THE USE OF APPROPRIATE NATIVE VEGETATION MODF.I. ORDINANCF ('ONTFNTS Sec 1 Title Sec. 2. Purpose and Intent Sec 3 Definitions Sec 4 Applicability Sec 5 Exemptions Sec. 6 Minimum Appropriate Native Vegetation Required 6 1 Public Property 6 2 Private Property 6 3 Unavailability of Native Vegetation Sec 7, Invasive Plant Species Prohibition Public Nuisance Declared Sec 8 Limits on Wood Control Laws Sec 9. Protection ofRare, Threatened, and Endangered Plants Sec 10. Landscape Plan Requirement and Approval 10 1 Single -Family Residence Landscape Plan Requirements 10 2 Multi -Family, Commercial, Industrial, or Municipal Landscape Plan Requirements Sec. I l Landscaping Requirements I I 1 Single Family Residential It 2 Multi -Family Residential 11.3 Commercial 114Industrial 11 5 Municipal Sec 12 Turf Grass Exception Sec 13. Landscape Plan Review Criteria Sec 14. Landscape Maintenance Sec. 15 Modification of Existing Landscaping Sec 16 Land Clearing Sec 17 Tree Protection During Construction and Land Clearing Sec 18 Tree Replacement and Mitigation Bank Sec 19 Financial Assurances Page 13 of47 Page 14 of 47 Sec. 20. Variance Procedures Sec 21. Enforcement Sec 22 Incentive Program Sec, 23 Appeals to City Council Sec. 24. Fees Sec. 25 Landscape Manual Sec. 26 Education Sec 27 Landscape Committee Sec. 28 Conflicting Regulations Repealed Sec 29 Severability Sec 30 Effective Date l'he immolated language in amics is intended to provide rationales for some of the provisions, alternative drafting options, and examples of communities that have implemented similar provisions The language in calms Monfort, is not part ofthe official language that would he adopted if the ordinance were enacted MODEL LANDSCAPE ORDINANCE PROMOTING THE USE OF APPROPRIATE NATIVE VEGETATION ORDINANCE NO. AN ORDINANCE OF THE CITY OF SABALVILLE,ta FLORIDA, TO ADOPT NEW LANDSCAPE REGULATIONS THAT PROMOTE THE USE OF APPROPRIATE NATIVE VEGETATION. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SABALVILLE: See. 1. TITLE. This chapter shall be known and may be cited as "City of Sabalvdle Landscape Ordinance Promoting the Use of Appropriate Native Vegetation " Sec. 2. PURPOSE AND INTENT. The purpose of these regulations Is to establish minimum standards for the design, installation, and maintenance of landscaped areas that require the use of appropriate native vegetation and to promote the preservation of indigenous plant communities on site The City recognizes the significant benefits of establishing and protecting appropriate native vegetation and, therefore, the necessity to maximize the use of appropriate native vegetation in all public and private landscaped areas within the City. It is the intent of this ordinance that these minimum landscape requirements be incorporated in order to promote the public health, safety, and welfare by (1) protecting and promoting appropriate native vegetation, (2) promoting mucababitats in urban areas for the conservation of wildlife by establishing new wildlife habitat and maintaining existing wildlife habitat,EA (3) creating larger, more connected plant populations, helping ensure the future of native plant species by increasing their ability to migrate in response to changes in climate;'-" u Sabalvdle represents a fictitious community in Florida. u ENVIRONMENTAL PRQI LCnoe AGENCY (EPA), LAND'IC'APIN4 Winn NAr1V£. PLANTS FAIi.ow.'r Avmlable ai http //wvnv epa Gov/ginpo/6reenwres/nattveplmwfactsht html#Natrve%20Planc Page 15 of 47 Page 16 of4] (4) conserving scarce water resources by promoting water -efficient landscaping through the use of appropriate native plants which, once established, typically require much less water than other species,''-' (5) reducing the use of chemical fertilizers and pesticides to maintain landscaping=s; (6) reducing the negative impacts of landscape maintenance on local air quallty;2v (7) reducing the negative Impacts on the land from the use of inappropriate vegetation and poorly planned landscaping; (8) reducing the financial costs oflandscape maintenance; p (9) encouraging creative landscaping designs that further the above stated goals, and (10) providing for wildfire protection through the appropriate placement of fi ghly- flammable native plants or protecting structures from wildfire by removing or reducing the volume of highly -flammable native plants within 30 feet of the structure." The purposes section increases the legal daiensrbddy of the ordinance by substantiating that the regulations of the ordinance are warranted exercises of the police power by governments for the protection of the public heath, safely and welfare. Specific purposes and intent should be custom tailored to the individual municrpaliry with respect to as needs, resources, environmental conditions, and reasons for adopting the ordinance. $° THC: (NSTrr"TE FOR REGIONAL CONSERVATION, NA I IVES EOa YouR NEIGtniORllOOD Available ai http //www regmnalconexaverom org/bete mbirenbout asp /d Many species ofsod and grass require significant amounts of water for irripai, in much as 301/ ofwater consumption on the east coast and 61P/ on the west, while native plants require less water and often contribute to decreased water, mnnff Id m id. "Vast amounts of f nti izers are applied to [awas. Excess phosphorus and nitrogen (the man components of fertilizers) run off into lakes and rivers causing excess algae growth This depletes oxygen in our waters, hones aquatic life and interferes with recreational mars "All In sodium, lawns require over 70 million pounds ofpesticides each year nationwide Rrvers and lakes become contaminated with pesticides, as well as cause harm to people through degraded water quotas /d a According to the EPA, "Natural landscapes do not require mowing Lawns, however, must be mowed regularly Gas powered garden tools emit 5°c of the nation's air pollution. Forty million lawnmowers consume 200 mdlima galloon ofgasoline per year. One gas -powered lawnmower emus I times the au pollution of a new car for each hour of operation Excessive carbon from the burning of fossil fuels contributes to global warming Native plants sequester, or remove, carbon from the air"EPA, LANDSC'MTNG wit NA'I wE PLANrs FACI9ICE1 Avadablear http//wwwepagov/glnpo/greenn,,ena,,eplan /factshthtm]#Natwe°o20Plant Therefore, a goal ofthis model ordinance is to reduce the amount ofinowrog required for landscape maintenance in order to reduce the negative impacts of this pollution on the local air and environment "According to one study, over twenty years, the costs to maintain a native prairie or wetland is $3,000 versus $20,WO for nan-native our gooses Id, In a cos[ comparison study in Florida of initial landscape planting competing two 60' x 180' plats, one non-native landscape with St Augustine grain lawn and one native plant landscape with lawn substitute, the cost for initial planting ofthe native landscape was $5,615 compared to $8,358 for the non-native landscape. See Presentation, Kenna Veaudry, "Cost Comparison for Initial Landscape Planning " In a cost comparison for life cycle cast per year study of the same plots, the total cost for the non-native landscape was $1,680 compared to $300 for the native landscape Id. " See e.g.. Florida Department of Community Affairs and Florida Department of Agriculture and Consumer Services,Wildfire Mai garcon in unities i Landuse planning snarewhiarylbevncluding a chapter devoted 004) This manual rs a guide for communities m Florida to reduce then vnldf re ask, including a chapter devoted to landscaping for wildfire mmgazionad See. 3. DEFINITIONS. (a) Aoommiate, Native Veoemtioo: vegetation found in the natural community that is suited to the soil, topography, hydrology, and wildfire risk ofa particular site Defining native vegetation as "appropriate" recognizes that some plan/ species are only native to a very small or restrictive habitat type and particular region, rather than arbitrary political boundaries. Therefore, it may be rrrappropriale for some wave plants to be planted outside oil these specific habitats or communities," In addition, .some appropriate native vegetation may present wildfire risks when planted too close to a sincture es (b) Cominunity Gmsh a a public or community use area intended for the purposes of gardening" (c) Community Play Area public use areas, including school and athletic fields, composed of predominantly mrfgrass intended for use for recreational purposes" (d) Endangered Plant any plant species which is in danger of extinction throughout all or a significant part of its range's [*A� May Mcorporate by reference in this definition a list of endangered plants that is periodically updated] (e) Caliper a measurement of the size of tree equal to the diameter of the trunk six (6) inches from the root ball" (f) Hivhly-Flnmmnhle olanr a plant species that has characteristics which make it more volatile by encouraging easy ignition and the spread of fire through its foliage due to law moisture content, dense dry leaves, needles, grass -like leaves, or volatile resins and oils (g) Indigenous Plants: those species of plants naturally occurring within a specific habitat or biogeographical region prior to significant human impactsss (h) Invasive Plant a plant reproducing outside its native range and outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, "Pais, D. 1994 Toward a Working Definition f"Florida Native Plant" %hc Pohni sm. 14(3), 17. Available m hap.//www fops org/palmetto/v 140p 17peis pdf (July 6, 2002) "Florida Department of Community Affairs and Florida Department of Agriculture and Consumer Services, Wildfire.Nmgau,ww Florida /..and use plonnmg smregies aml bass dive[opmenipmdicas (April 2004). id See American Community Gardening Artesian., at http //www communitygarden org/ i6 Adapted from the definition of"Community Play Area" adopted by the Sarasota County Water Efficient Landscape Ordinance, Ordinance 2001-081. 9° See The Endangered Species Act of 1973, definition of an "endangered species," 16 US C § 1532(6) 11 Definition from Orange County Code, Landscaping, Buffering, and Open Space §24-2. 38Id Page 17 of47 Page 18 of 47 natural processes or habitat quality." Invasive plants are those plants recognized on the State of Florida's Noxious Weed and Invasive Plants List (FLA ADMIN CODE r 5B-57f07) The State of Florida, pursuant to Florida statute section 581.09] (4), requires that a local government adopting an ordinance or regulation on or for March 1, 2002 for the purposes of ident fyeng noxious weeds, Invasive plants, or plants deemed to be a public nuisance or threat shall only adopt the Noxious Weed and Invasive Plant List provided by the State (Fit. ADmeN. CODE r. 513-57 007). All local government ordinances or regulations adopted before March 1, 2002. however, remain in effect. The official State list of noxious weeds and invasive plants is reviewed once every two years by the Department of Agriculture and Consumer Services, in conjunction with the Institute of food and Agricultural Sciences at the University of Floridai0 The Department will propose classification of a plant as a noxious weed or Inversive plant and consider including if me the offimal Slate List "if the plant is determined to be a serious agricultural threat in Florida or has a negative impact on the plant species protected under Manure statute section 581 185 [Preservation of Native Flora oil Florida], or if the plant is a naturalrzed plant that disrupts naturally occurring native communities ,4' All plants listed in Florida statute section 369.251 (Melaleuca qumqueriervia, Schemes terebinthifoltus, Casuarina eque.senfolia, Casuarina glauca, and Mimosa ptgra) shall be included in the Department's Noxious Weed and Invasive Plant List" (I) Landscaped Area: the entire parcel less the building footprint, driveway, non -irrigated portions of parking lots, hardscapes such as decks and patios, and other non -porous areas Water features are included in the calculation of landscaped areas." (f) Landscao tie' any combination of living plants and non -living landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials)" (k) Landman Cateeore areas of the City are divided into landscape categories based upon their similar sod, topography and hydrology Since lands within one category will have similar sod, topography, and hydrology features, the same species of native plants that are appropriate at one site are likely to be appropriate native plants to all lands within the same landscape category." The purpose of the "Landscape Category" is to provide landowners with a general idea of which native plants are appropriate for their particular site. A list of appropriate plants for each category will be included in the landscape manual, 99 FI.A ADMIN. CODA r. 5B-57.001(9) 'FLA SrAI 581 091(2001 "FLA ADMIRQWF r 5B-57.010. "FLA ADMIN. Cope r 513-57001()) "Jacksonville Landscape and Tree Protection Regulations, §6561203(o) "Definition adapted from the Draft "Florida Friendly Landscape Model Ordinance," February 14, 2002 "See a g, Native plant to plant by area in Florida, avaelable ar hop.//www fops organigeslplantolandere,e plants php referenced en section 25 These tests will be particularly useful for single jamdy residential land owners who may not wish to here a landscape professional to design their appropriate native landscape (1) Native Plan T those species of plants occurring within the city boundaries prior to European contact, according to best scientific and historical documentation. More specifically, It includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human Impacts and alterations of the landscape Nate' May incorporate by reference in this dyQnamn a list of native plants, by landscape category that is periodically up,1414, Defining what constitutes a "native" plant species is often complicated and critically impacts the application and policy goals of this ordinance The above definition adopted by the Florida Native Plant Society (BNPS) jor a "Florida Native Plant"'° is the best definition to use for a landscape ordinance promoting the use of appropriate native vegetation because it relies more on natural associations of indigenous plants than political boundaries First, the definition refers to those species jound prior to European contact, an event that marks a radical transformation in native habitats and species due to human interference. In addition, the definition recognizes that to be native to an area the species must be indigenous to the specfc habitat or biogeographical region rather than merely to an arbitrary political boundary, such as an entire state or city. (See Appenda A Jar a list of other currently used definitions of "native plant" that do not completely address both of these issues) (m) Natural Communrtva distinct and recurring assemblage of populations of plants, animals, fungi and microorganisms naturally associated with each other and then physical environment, as described in the Guide to the Natural Communities ojFlondo (available from Florida Department of Natural Resources at hills //www.fnai org/descriptions cfm). (n) Natural Area an area on a site that contains natural vegetation and that will be undisturbed during development and will remain undisturbed when the property is fully developed (a) Rare Plant. a scarce plant species that may or may not have been designated with a legally protected status such as "threatened" or "endangered" Some rare plants naturally occur less frequently than other plants, which makes the rare plants more susceptible to decline or extinction " [' ote: May incorporate by reference in this defntion a list of rare plains that is perimbeally updated] *Id "See Linda McMahan, Comment, Legal Protection for flare Plants, 29 Am U L Rev 515, 515 n 1 (1980), See alsa KevmE Regan,%he Need7ara('nmpmhensrve AVYraochml'roiecnng Hare YlanO-Flonrlam oCase SYur/y, 41NA1 Rrsouacas J. 125(2004) Page 19 of47 Page 20 of 47 (p) Remove: to transport a native plant from the premises on which it has been growing4s (q) Threatened Plant, any plant species that is likely to become an endangered plant within the foreseeable future throughout all or a significant portion of its range4 ["Note: May incorporate by reference in this definition a list of threatened plants that is periodically updated) (r) Tree: a self-supporting woody plant having a single trunk or a multi -trunk of lower branches, growing to a mature height of at least twelve (12) feet"' The height regmrmu ent for what constitutes a "tree" may vary depending on the locality of the community. (s) Turfacass continuous plant coverage consisting of a grass species that is mowed to maintain an established height . Note: For many of the definitions listed above, it may be beneficial to refer to a list ofplants, which is periodically updated to provide certainty to an applicant as to which .species of plants are included under a particular definnion. Incorporating a reference by name rather than a specific listing of plant, in the ordinance itself allows for the list to be updated easily without changing the ordinance The limitation of incorporating a specific reference list is that plants not on the reference list or not yet updated are excluded from the dcfinmon under the ordinance. Ft is necessary, therefore, that the reference listed be one that is comprehensive and regularly updated Sec. 4. APPLICABILITY. This ordinance shall be a minimum standard and shall apply to all newly developed public and private buildings, developments, and land within the incorporated areas of the City. This ordinance shall also apply to the expansion or renovation of any existing development when the expansion or renovation of the existing development is equal to fifty percent (50%) of the assessed value of the lot improvements according to the Property Appraiser or when the total square footage of a structure is expanded by fifty percent (50%) or greater This section describes how the law applies in the local community. As drafted, this model ordinance will apply to all zoning districts defined within the community's zoning laws, including residential properties. Some landscape ordinances limn their applicability by listing express exemptions in the applicability or scope sections, a g. exemptions for single-family dwellings or for all residential zoning districts. By making thisordinance applicable to everyone, "City of Scottsdale, Arizona, Native Plant Ordinance, City Code, §46-105. 49 See definition of a'threatened specree," 16 US C §1532(20) o Jacksonville Landscape and Tree Protection Regulations, §656 1203(gg) the community will further the goals of the ordinance as defined in Section 2, purposes and Intent, and greatly expand the areas in the community that will be fully landscaped with appropriate native vegetation. Sec. 5. EXEMPTIONS. These exemptions do not authorize the use of Intrusive plant species, which are prohibited by section 7 of this ordinance. The following areas are exempt from this ordinance." (1) community gardens, (2) community play areas, (3) non-invasive food plants on residential properties, This exemption would allow homeowners to plant vegetable gardens or fruit frees on then property. (4) golf course play areas, ('onsideranou could be given to restricting the use of non-native vegetation to fairways and greens. There are nongovernmental cert (cation programs for golf course best management practices that encourage the use of native vegetation.50 (5) turfgrass in stormwater management areas, (6) turfgrass in public rights -of -way; (7) agricultural lands," (8) scientific and educational purposes,54 and " Adapted from the Sarasota County Water Efficient Landscape Ordinance, Ordinance No 200 1 -08 1 12 Audubon International, Audubon Cooperative Sanctuary Programs for Golf, Awelable al hit, //w.vw audubonintl nrg/proSrams/acas/golf him "The Florida Right to Fans Act, Florida statute section 823 14(6), provides that "a local government may not adopt any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity ofa bona fide farm operation on land claesded as agncuituml land pursuant to s 193461, where such activity is regulatedthrough implemented best -management practices or interim measures developed by the Department of Envuoomental Protection, the Department of Agriculture and Consumer Services, or water management districts and adopted under chapter 120 as pan ore statewide or regional program "/d Agricultural lands are classified under Florida statute section 193461 ss"only lands which are used for bona fide agricultural purposes "Id "Bonafide agricultural purposes"is defined as "good faith commercial agricultural use of the land "Fri, SIAI § 193461(3)(b) There are seven factors which are used to determine whether the use of the land for agricultural purposes is "b unfide " 1) the length oftime the land has been so utilized, 2) whether the use has been continuous; 3) the purchase price paid, 4) raze, as it relates to specific agricultural use; 5) whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing liming, tilling, mowing, reforesting, and other accepted agricultural practices, 6) whether such land is under lease, if so, the effective length, terms, and conditions of the lease, and ]) other such factors as may from time to time become applicable Id 11 This exemphon would allow, for example, for botanical gardens It should be noted that in the past botanical gardens have been responsible for the release of Invasive species, some of which have had significant negate ve biological and economic impact See eg, up //www centerforplantconsery stuns arg/mvasive 'codesN himl Page21 of47 Page22 of47 (9) cemeteries The City shall, however, encourage the protection and promotion of appropriate native vegetation in these areas to the maximum extent practicable. The purpose of these exemptions is to allow uses that could be restricted by the appropriate Native vegetation requirement. In these areas, however, appropriate native vegetation should be used in landscaping unless there is no appropriate native plant that will serve the intended use of the area. Sec. 6. MINIMUM APPROPRIATE NATIVE VEGETATION REQUIRED See. 6.1. Public Property The City shall require the use of only appropriate native vegetation in all newly -developed, publicly -owned landscaped areas within the City limits. The City shall encourage the use of appropriate native vegetation in all existing landscaped areas, while recognizing that any plant in the proximity of structures may create a wildfire hazard. See. 6.2. Private Property. The City shall require a minimum coverage of appropriate native vegetation in all newly landscaped private areas, as set forth in section 11 of this ordinance However, at no time shall the minimum coverage of appropriate native vegetation be less than % l'he recommended.;,imam percentage rs 5t)Ya A recommended maximum percentage N.s 90%. Sec. 6.3. Unavailability of Appropriate Native Vegetation. In the event that appropriate native vegetation is not available at the time of installation, the landowner may substitute appropriate non-native vegetation. This model ordinance recognises the importance of expanding the use of appropriate native vegetation by requiring their 100% use in all newly - landscaped publicly owned areas and requiring a minimum level of appropriate native vegetation that must be used in all newly landscaped private areas. The minimum landscaping requirements for private areas promotes the use of appropriate native vegetation but also allows land owners the ability to plant noninvasive, non-native vegetation. The minimum landscaping requirements are .set forth by zoning category in section 11 of this model ordinance. The purpose of the 100% use requiremenl for all newly landscaped publicly owned areas is thus voluntary codes of conduct have been developed to address ethical and scientific issues associated with the Inroductionefexoticphats Id. local governments should lead by example, as well as to achieve the benefits of native landscaping as set forth in section 2 of this model ordowI The Florida Native plant Society (bNPS) recommends and encourages the maximum use of appropriate native vegetation and protection of moving native vegetation in all landscaped areas; however, in light of the economic and ,feasibility burdens put on land owners by the potential unavailability of native plant material in local nurseries, FNPS, al this tame, does not recommenda 100% native vegetation requirement for pnvale properties. An alternative way that some ordinances seek to provide prolection for native plants is by requiring that a minimum set percentage of vegetation at a .rite be native." T'he recogmced benefits of landscaping with only appropriate native vegetation warrant the 100% use requirement fbr newly landscaped publicly owned areas and the promotion of appropriate native vegetation through minimum requirements for newly landscaped areas. A local government should provide incentives for promoting the use of appropriate native vegetation in existing landscaped areas and encouraging their maximum use in newly landscaped private areas (Nee, for example, incentives provided in section 22 of this model ordinance)_ Some communities are already providing svgnificum protection for and promoting native plants The city of Scottsdale, Ancona, for example, has implemented a "Prateanon of Native plants" ordinance to preserve the unique character of native plants in the Sonoran Desert, determining that the presence of native plants i'ontnbutes to the aesthetic and economic well-being of then- commumly. The ordinance requires that "No person shall destroy, mutdutc, rernove from the premises, or relocate to another place on the premises any protected native plant existing within the city without first ohouraing a native plant permit from the c'ity.' 5 See.7. INVASIVE PLANT SPECIES PROHIBITION. PUBLIC NUISANCE DECLARED. SURVEY REQUIRED FOR NEW DEVELOPMENT. The City declares that Invasive species are a public nuisance that degrade landscaped and natural areas. The City shall prohibit the planting of any Invasive plant species in all public and private properties. The city may require the owner of the property to remove any Invasive species that the city deems to be a public nuisance pursuant to the procedures set forth below. Thus is a cress( section because the invasion of non -indigenous e'pectes causes "ecological, economic, and resource management problems. "sr Florida is one the a For example, the City of Sea bel requires 75 %of newly landscaped areas to be native vegetation Clo of Sanibel Landscape Ordinance, Art 1%Sec 122-49, 122-73, City of Scottsdale, Arizona, Native Plant Ordinance, City Code, Chapter 16, Article V. °NUS. CONORIi55,0Pllc'LOli TeciiN01IXiy ASSI:SSMIiN'I',H RMliji,NON-INDI6i!N0i1SSl'IC'II:S IN'I I IF UNI 120 S rn ms (1993) Page 23 of 47 Page 24 of47 most severely impacted states experiencing the harmful effects of non -indigenous invasive species.as Invasive species have reduced biological diversity, caused severe ecological and economic impacts, displaced indigenous wddhfe (particularly endangered and threatened species), altered natural ecosystems, and impara d nwrganonal and recreational activities sr In the mode! ordinance, Invasive species are identified as a 'public nuisance " A 'Public nuisance" is defined in the law as "an unreasonable interference with a right common to the genera( public, such as a condition dangerous to health, oJfersive to community moral .standards, or unlawfully obstructing the public in the free use of public property. "b0 Because Invasive species are likely to spread rapidly from the subject property into surrounding natural and landscaped properties and degrade them, they appear to fit well within the de nef on of a "public nuisance. " Florida case law gives the state and local governments the authority, under their police powers to protect public health, safely, and welfare, to regulate private properly to prevent public harm.61 One of the earliest cases in Florida recognized, All property is owned and used subject to the laws of the land. Under our system of governmenl, property may be used as its owner desires within the limitations imposed by taw for the protection of the public and private rights oJ'others. i6' Examples of other areas where public nuisance law has been applied in Florida include preventing pollution,63 enjoining operation of horse tracks or betting facilities,6i and the removal of crack houses or houses of prostuution.65 Many local governments already have existing procedures for abatement of public nuisances in a general nuisance ordinance. Where this isthe case, (he.se can be incorporated by reference in the section declaring Invasive plants as a public nuisance When a local government has no existing procedures far abasement of a public nuisance, the fo[lowiy subsections, adapted Jrom the City ofGainesville's public routine ordinance, 6 outline the basic contents. (a) The city manager or the city manager's designee has authority to declare as a public nuisance aproperty previously found to be in violation of this ordinance if the owner of the property has not corrected the violation within the thirty (30) days provided by this ordinance ss, Id. Black's Law Dictionary, end edition 61 Sse Hav-A-Tampa Ogar Cc v Forced, 5 So, 2d 433 (Fla 1941), Sheip Co v Amos, 130 So 699 (Fla 1930), and Pompano Hone Club, ine. v Bryan, 11 So. 901 (Fla 1927), lee also Ellen Avery, Termr mh,, oJhlonda's New Vropeny Rights Law: Wd1 n allow equity io pmvatl orgen marem m be "mken"ro the dow.1, 113 LAND Cse&ENVTi. L 181(1995) aCaeanv Fmnda Power Co.,76So. 535(Fla 1917) " See eg, National Catheter Corp v Suter ex rel Stockton, 199 So 4(Fla 1939)(recognizing a right based on Errvee and public nuisance law to prevent an environmental nuisance from a paper mill polluting a local over) .See a g, Pompano Horse Club, the v .Bryan, 11 So 801 (Fla 1927). ss See e.g., Batteries v State ex Net Most, 89 So 2d 498 (Fla. 1956) 6° City of Gainesville Code of Ordmances, Ch. 30, Amcle 5. Certain minimum requirements are necessary to create both an of alive and constitutionally -sound ordinance The following four subsections provide for procedural safeguards and enforcement provisions These include notice, a right of the properly owner to cure the violation of the ordinance, the right to a quasi-ludmial hearing, and the right of a local government to abort, a nuisance and charge the property owner. (b) Notice (1) After declaration of a public nuisance due to invasive plants, the city manager or his or her designee shall provide nonce to the owner of the affected property (2) The notice shall include the date of the declaration, the date of the previous and uncorrected violation of this ordinance, the time or names of the invasive plants giving rise to the declaration, notification that the property owner may contest the declaration of nuisance by requesting a hearing within 15 days of the declaration of nuisance, and information on how to request a hearing (c) Right of Property Owner to Cure the Nuisance The owner of property with Invasive species that have been declared a public nuisance shall have thirty (30) days after receipt of notice to eliminate the Invasive plants 6' (it) Right to a Hearing to Contest Designation of a Nuisance Owners of a property declared a public nuisance have the right to a hearing to contest the declaration of public nuisance. At the conclusion of the hearing and after considering all evidence presented at such hearing, the board is authorized to issue findings of fact a One way that a local government can assist eibee s with the removal of Invasive vegetation is through local government removal programs or cost -share programs where the local government may help to remove the invasive vegetation with a cost -share fee paid by the landowner. The City of Palm Beach, for example, has a removal program for Australian Pine and Mideleuca and a cost share program for seven other invasive non-native species with a minimal canxiiare, me greater than $500, to be paid by the landowner .S'ee Matthew Kmg, F oric Itemaval factoriesApproved, ENV u. Tmms (2003), City of Palm Beach Prohibited Inversive Non -Native vegetation Removal Ordinance, An 14-Emvnonmental Standards, Appendix 12 Incentive Programs Page 25 of 47 Page 26 of 47 based upon the evidence presented and made part of the record that a public nuisance does not exist or that an unlawful public nuisance does exist (e) Local Government May Abate Nuisance, Charge Owner, and File a Lien Should a property owner fail to correct a violation of this ordinance within either thirty (30) days of declaration of nuisance or thirty (30) days after conclusion of hearing to contest a declaration of nuisance, if one was requested, the City may enter the property and abate the public nuisance (1) All costs incurred by the City in abatement of a nuisance on private property maybe charged to the owner of the property A copy of these costs and other costs authorized to be levied against a property owner may be filed in the public records (2) Should the property owner fail to pay the City's expenses incurred in abatement of the nuisance within thirty (30) days of billing by the City, the City may file a certified copy of the City's expenses to abate the nuisance and other expenses authorized in subsection (3) below In the public record Such a filing then shall constitute a lien on the property (3) W hen billing a property owner for abatement costs the City may also include any previously levied fines for violation of this ordinance and all charges —including reasonable anconey's fees —incurred by the City in a hearing contesting the declaration of nuisance if the hearing results in a finding of a nuisance. One year from the filing in the public record of a hen on a propertyy under this subsection, the City may foreclose on the property to satisfy the lien. If) Invasive Species Survey Required for New Development. For all properties submitting a landscape plan pursuant to Section 10, other than single family residences, the landowner or their representative shall submit with the landscape plan a survey indicating the presence of Invasive species Sec. 8. LIMITS ON WEED CONTROL LAWS. "It should be noted that no real property which s a homestead under Section 4 Article X of the State Constitution shall be foreclosed for a hen originating from a violation of this ordinance In Florida, the state constitution provides protections against foreclosures for liens such as the one created here Local governments in other states must also include provisions exempting homesteads when required No regulation shall be made by the City or any person, community, or group which makes the planting, maintenance, or protection of appropriate native vegetation illegal or encourages the removal of appropriate native vegetation, except when deemed necessary for public safety s' Ihrs ordinance seeks to make any burner to the planning or protection of apptaprmie native vegetation illegal. Thus provision expressly prohibits any group from creating "weed control laws" that would prohubit a homeowner from creating a natural landscape using native plants on their property based on aesthetic preferences.70 Natural landscaping using native plants shall not be considered the same as a neglected property on the basis that it does not use traditional lawn landscaping. There are a Jew cases that upheld the right of a homeowner to use natural landscaping in the Jaee of'a weed law challenge In Ctv at Alen, Berlin v Hagar (1970'), a Wisconsin judge ruled that natural landscaping did not ofec/ neighbor's property values and the weed law to question was in violation of the Equal Protection Clause because it.%fsctual basis was too weak. "In Montgomery County Maryland v Stewart (1987), homeowner.% defended their natural landscape against challenges by the City and neighbors, obtaining a change in the weed law to allow meadows with adequate buffers as long as all noxious weeds were removed." In /.rule Rank Arknnen% v All—n. (1988), a home owner defended her natural landscape, considered a natural wrldbfe area by the Arkansas Game and Fish Commission, against a C ily code prohibiting "grass, weeds, or any other plant that is not cultivated" to grow higher than 10 inches or "in rank profusion on the premises i" 1n Palm Beach Coumy, Florida, home owners ezmed them native trees and self -mulching pine needle yard from the County lot clearing ordinance that required clearing of all "uncultivated vegetation" by appearing to the Environmental Control Hearing Board, with the help of the Florida Audubon Society, Florida Native Plant Society, and several neighbors, to have the county ordinance rewritten to exclude native vegetation from the county lot clearing ordinance to Sec. 9. PROTECTION OF RARE, THREATENED, AND ENDANGERED PLANTS. "Public safety rearms include recommendations ofthe local fire service havmgjunsdmtion or necessity to clear out condemned lots that present public safety mands, such as crack houses "' For a discussion of Natural Landscaping and challenges to weed laws, see "Caeca Landscaping with Native Plan6 Weed Laws," John Marshall Law Review, Vol. 26, No 3 (1993) Available ai hits/iwww epa goviginpo/greena,re. eedl./JMLR.hunl#tWRODUCTION. City of New Berlin Hagar, No 33582(Wis Cr Ct. Waukesha Cry Apr 21, 1976) 11 Montgomery County, Maryland v. Stewart, S W-8]-2056 (Montgomery County, Md. Circuit Court, 1987). 131irds Rock,Arkareasv Alhson,No 89-10401,slipop (Lime Rock Mun Ct 1989}, Telephone Interview with Lyndae Allison (Apr 15, 1993) 1i See Wesley Start, lute[ (Tearing Ordinance lafeaued, THE PALMETTO (Florida Native Plant Sue , Orlando, Fla.), Spring 1990, at 13. Page 27 of 47 Page 28 of47 For all properties submitting a landscape plan pursuant to Section 10 of this ordinance, other than single family residences, the landowner or their representative shall submit with the landscape plan a survey indicating the presence of state and federally listed threatened and endangered plants including species of special concern A land owner who provides protection and maintenance in perpetuity for all or a percentage of existing rare, threatened, and endangered plants at the site as set forth in the landscape plan, and does not dig up or disturb the natural placement of any such plant at the site, shall be eligible, at the discretion of the appropriate local government staff's to receive' (a) expedited landscape plan review; (b) a waiver from any fees required by this ordinance, (c) variances from the landscape requirements of Section I I of this ordinance to the extent necessary for flexible landscape planning around existing rare, threatened, or endangered plants; and (d) a certificate of recognition as a "City of Sabalville Rue, Threatened, and Endangered Plant Conservation Site" The purpose of this section is to provide protection for rare, threatened, and endangered plants m their natural.settings by providing incentives for landowners to leave existing plants in place at a site and to discourage the removal or relocation of any such plants Some communities, like Scottsdale, Arizona, have gone further and prohibiied the removal oflisted species and created a permitting process to authorize their removal."%'he community can maintain a public register of the 'Bare, Ihrealened, and Endangered Plant Conservation Sites," preferably published on a community landscape or development planning webstle, other community webs'ite, or other pmmment place in the community. This program will be a particular incentive for local businesses that can advertise their conservation status to attract environmentally-comeious customers and show their concern for the local environment Rare, threatened, and endangered plants currently receive very hole protection under unsling laws; therefore, protective programs such as that provided by this section are essential Under federal regulation,, the Endangered Species Act (ESA)" provides limited protection for plants, especially for plants not located on federal lands. The U.S. Fish and Wildlife Service (USFWS) lists species of plants as "Endangered" or "Threatened" under Section 9 of the ESA. vs Under Section 7 of the hSA, all federal agencies are required to consult with USFWS to determine ij their actions are "likely to )eopardce the continued existence of any endangered .species or threatened species or result in the destruction or adverse modification" of such species' critical habitat.79 The 'taking"su of any such plant, under Section 9 of ""Appropriate local government staff' is a general teen which should be replaced by the term used by a particular local government to identify the staffwho review and either approve or deny landscape plans. 76 City of Sea tsdale Native Plant Ordinance, Ch 46, An V n Endangered Species Act of 1973, 16 USC §1531 [hereinafter, ESA]. "ESA, 16 USC §I533 "ESA, 16 USC §1536 the L'SA, is only prohibited on federal lands,"' and even then, only considered a "taking" when a plant is removed and reduced to possessions' Section 9, therefore, provides no protection for destruction alpinists on federal lands where the plans is not reduced to possessions' Endangered or threatened plants not on federal lands receive the least proleclions. Section 9 only prohibits the removal of listed plants when in knowing violation ofsmte law 81 This means thatif there are no state laws to the contrary, private landowners are free m destroy any endangered or threatened plant on their properly. A 1998 study confirmed that "plants that depend on private properly for their habitat do not fare well, and fare much worse m states that do not restrict private landowners "ss Under Florida law, state protection for threatened and endangered plums is provided by the Preservation of Native Flora of F7orrear" statute (PNF'F'S) and the related Endangered Plant Advisory Councils' statute (EPAO. l'he PNl,I S lists plant species that are 'native to the state that are endangered, Ihrealened, or commercially exploited, " and its goal is to protect native flora )'rota unlawful harvesting on public and private land' The PNFFS broadens the categories of regulated plants further than the ESA with the addition of "commercially exploited species' which are defined as "species native to thestate which are subject to being removed in significant numbers from native habitats in the slate and sold or transported for sale " The list of endangered threatened, and commercially exploited plants is kept by the Florida Department of Agricuhure and Consumer Services (DA(S) as the Regulated Plant Index.89 The ETACS .vets up the committee that considers native plants for inclusion in the Regulated Pant Index. PNFFS provides different levels of protection jor plants that are endangered, threatened, or commercially exploited For endangered plants, PNFFS prohibits willful destruction or harvesting of plants without prior written permission of the landowner and a permit from DACS. However, no permits ore required for Ihrealened plans and only for commercial plants when three or more plants are harvested. Under the PNFFS, private landowners may still, as under federal law, destroy plants on their properly. The PNFFS does provide some restrictions beyond that provided by federal law on private landowners by requiring a permit for the sale of endangered or commercial exploited plants from their land (threatened plants ore not included under this provision). The most ""Take" is defined in the ESA an "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct "ESA, 16 USC §1532 (19) " ESA, 16 USC §1538 (11)(2)(13) toxic George C Coggin & Anne F Harris, the Greening ojAmerman Lmv'i. The Recent Everitt mn of beden l Law jr Preserving Floral Drvecsiiy, 27 Nei Waitr ccs 1. 247, 248 u 2 (1987) wa d w ESA, 16 USC §1538 (a)(2)HH o Jeffreys Rachlmski,Protecnng6�angemdSpecies Witham Ric, uialing Pnvam Lam/ wnea The CamoJ' rod"' rndangered Plana, 8 Counuu, J L & PUB POL'Y 1, 3 (1998) Fin Sin'.§581 185(2002). n Id. at § 581,186 "" Id to ld Page 29 of 47 Page 30 of47 limiting factor of the PNFFS is that all land development activities and land clearing for agricultural, silvtculturul, mining assessment, or fire control purposes are exempt from the statute, providing no protection from these activities that signe icamly destroy habitat and plants. Sec. 10. LANDSCAPE PLAN REQUIREMENT AND APPROVAL. Prior to the issuance of any budding permit, a landowner or their representative shall submit a landscape plan to the appropriate local government staff. The staff shall review and either approve or deny the landscape plan. It is suggested that local government staff complete a follow up impeclam to ensure that the landscape installation was completed as per the plan submatedJhr approval. The applicant should be required to locate existing native vegetation areas on the landscape plan. Incentives should be given to promote the on -sue preservuton of native vegetation and mabve plant communities Sec. 10.1. Single -Family Residence Landscape Plan Requirements A single -firmly residence shall submit a landscape plan that includes a drawing of the proposed landscaped area, a list of each species of appropriate native plant to be installed, and the quantities of each species of plant to be installed The landowner should select appropriate native vegetation that is suitable for then landscape category. Single-family residences are not subject to the requirement that a design professional prepare the landscape plan. Phis provision only applies to newly landscaped areas or modifications to 50% or greater of the existing landscaped area pursuant to sections 4 and 15. Sec. 10.2. Multi -family, Commercial, Industrial, or Municipal Landscape Plan Requirements An applicant for development or modification of a multi -family, commercial, industrial, or municipal site shall submit a landscape plan that is prepared and signed by a registered landscape architect or a Florida Certified Landscape Designer The landscape plan shall be drawn to scale, including all dimensions and distances, and shall include. (1) the names, addresses, and phone numbers of the landowner and landscape designer, (2) the parcel number, legal description, and address of the proposed property, (3) property lines with dimensions; (4) location and dimensions of new and existing buildings and structures, (5) graphic symbols for all new and existing vegetation, labeled by time, (6) a legend that indicates sizes, quantity, and spacing of all vegetation, and (7) a graphic representation of the irrigation system. w Adapted from, Monterey County Planning and Building inspection, Checklist for Landscape Plan Submatal, Available ai hire flwww on montereyca usipb sunsuc landsopchklst him A registered landscape architect must meet certain requirements and be registered with the Board of Landscape Architects under Florida statutes section 481.301-329 A local government may choose, however, to allow that these plans, or plans for smaller projects, be prepared by a "certified landscape designer " Qualified professional designer is a broad term that includes unregulated design professionals, as well as registered landscape architects. Sec. 11. LANDSCAPING REQUIREMENTS. All landscape applicants shall comply with the guidelines for landscape design provided in the Landscape Manual, pursuant to section 25 of this ordinance, in designing and completely installing all elements of the landscape plan. Where possible, landscape applicants should satisfy these requirements by preserving existing native vegetation on the site. Staff may adjust the requirements of this section for a particular site in circumstances where adjustments are necessary to protect existing native vegetation at the site The source of all plant material, other than existing native vegetation at the site, shall be from plant nurseries this section refers to the minimum landscaping requirements that muss be planted with appropriate nerve vegetation for each zoning category Pursuant to section 6 of the model ordinance, all newly landscaped private areas shall plant the minimum landscaping requirements of this section with appropriate native vegetation but may in addition to the minimum landscaping requirements plant additional native vegetation or non-invasive non-native vegetation at the site (.See 6.2). According In section 6.2, however, at no time shall coverage of native vegetation be less than %. (The recommended minimum is 50%to 90%) In addition, the staff or landscape committee may wish to impase .species diversity by requiring no more than a certain percentage of groundcovers, .shrubs, or trees may be any one species A minimum number a(plant species far grounde'ovens, shrubs and trees can also be suggested to create species diversity. This could be accomplished in the landscape manual refer to in Section 25 Any addmon above the minimum landscaping requirements on publicly owned property shall be only appropriate native vegetation (See 0 1). The use of appropriate native vegetation in this section is subject to the availability of appropriate native vegetation pursuant to section 63. the purpose of specifying the source of the plant material used in landscapes is to prohibit wild collecting of native vegetation from other sites in order to protect existing native vegetation The detailed minimum landscaping requirements provide the standards that landscaping plans within each zoning category most satisfy, including preservation of existing native vegetation. A local government should malty these section headings to reflect all current zoning categories in the local government junuhclion. The subheadings under each zoning category are the general topics that should be covered in a landscape requirements .section. Page 31 of 47 Page 32 of47 Draping specrfre landscape requirements, however, is beyond the scope of these model ordinance guidelines, because particular landscaping requirements provisions can vary by locality and community needs The number of appropriate native trees, shrubs, and groundcovers will vary depending on the particular landscaping requirements set by the local government These numbers will also be different for a5perenl properties, varying by the area of the lot size Far example, a local government may require a certain number of appropriate wave Imes, shrubs or groundcover per specified unit of area, therefore larger lots will require that more appropriate native vegetation be planted or preserved A local government can further promote the use of appropriate wave vegetation through the use of incentives (See secaon22). In addition, existing laws and ordinances may interact with an adopted landscape code." Nor example "parking requirements, utility easements, roadg setbacks, drainage, and especially coning will all affect a property. ,92 Local governments with landscaping requirements in place should also examine their current requirements to ensure that they do not hinder the goal of promoting and protecting native vegetation For example, provisions that require a minimum growth height of vegetation within a certain ante period may favor non -waive plants over native plants that are typically slower growing. Sec. 11.1 Single -Family Residential** The minimum landscaping requirements for single-family residential properties shall be fulfilled by appropriate native trees, shrubs, and groundcovers, as specified: (1) Buffer and Perimeter Planting (2) Interior Planting (3) Foundation Planting (4) Tree Planting Requirements (5) Preservation of Existing Appropriate Native Vegetation* Sec. 11.2 Multi -Family Residential** The minimum landscaping requirements for multi -family residential properties shall be fulfilled by appropriate native trees, shrubs, and groundcovers, as specified' (1) Buffer and Perimeter Planting (2) Interior Planting (3) Foundation Planting (4) Parking Lot and Street Trees (5) Tree Planting Requirements (6) Preservation of Existing Appropriate Native Vegetation* " Doan, R Durps, Alachua County Forester, Chametensacs ofGuod ties Preface. and Lcusavc pe OnLrmnces Id. Sec. 11.3 Commercial" The minimum landscaping requirements for commercial properties shall be fulfilled by appropriate native trees, shrubs, and groundcovers, as specified (1) Buffer and Perimeter Planting (2) Interior Planting (3) Foundation Planting (4) Parking Lot and Street Trees (5) Tree Planting Requirements (6) Preservation of Existing Appropriate Native Vegetation* Sec. 11.4 lndustrial** The minimum landscaping requirements for industrial properties shall be fulfilled by appropriate native trees, shrubs, and groundcovers, as specified. (1) Buffer and Perimeter Planting (2) Interior Planting (3) Foundation Planting (4) Parking Lot and Street Trees (5) Tree Planting Requirements (6) Preservation of Existing Appropriate Native Vegetation` Sec. 11.5 Municipal** The minimum landscaping requirements for municipal properties shall be fulfilled by appropriate native trees, shrubs, and groundcovers, as specified. (1) Buffer and Perimeter Planting (2) Interior Planting (3) Foundation Planting (4) Parking Lot and Street Trees (5) Tree Planting Requirements (6) Preservation of Existing Appropriate Native Vegetation" * Within these requirements, a local government .should provide provisions for the mandatory preservation of existing appropriate native vegetation at the site. .Several counties in 1%1orida require mandatoryprexervalron of canopy, habitat, or upland natural area preservation.93 One way that local governments can protect existing vegetation is by requiring that a set percentage, e.g. 25%, of sites "See Brevard County Natural Resources Management Office, Ilondo C'ounues wuh Mandatory Can py, Hutton or UplandNedwel Area Preservation (December 16, 2003), See also David Schwarz, Local Governmear Aarhoray to Prated UplaW Haboom. presentation at the Umvera ty ofFlonda Levin College of Law's Public Interest Environmental Canference(Febma ,2003),R Hamann,ofat, Implemenmaon ofthe MWel Land lhtxlopmeni ('Wefor Fiarida Sjnings Pro1.1, n(20M) Pay, 33 of47 Page 34 of 4] containing significant existing native vegetation be set aside as a natural area and left untouchedfor preservation. Another example of a way to protect existing native vegetation a through permuting for removal of this vegetation. The City of Sanibel, for example, requires a permit fur the removal of native trees that are over 6 feet in height (or more than 2 inches in truck diameter 1 feet from the ground) and native shrub -like plants that are more than two feet in height a •"A local government may choose to add additional regmrements for large-scale developments. This is recommended because large-scale developments (e.g. > 20 acres) may have a more significant geographical impact on plant communities. Adding separate landscape requirements may allow, Jor example, for a requirement to preserve a certain percentage of "natural areas" left untouched by development and protected on the properly. One way to accomplish this would be to break down each zoning category into acreage increments. In drafting, forexample: Sec. 11.2.a Mula-Family Residential, Less than 20Acres (1) Buffer and Perimeter Planting (2) Interior Planting (3) Foundation Planting (4) Parking Lot and Street Trees (5) Tree Planting Requirements (6) Preservation oJExisung Appropriate Native Vegetation Sec I1.2.b Malo-F'amdyResidential, 20Acres or More (1) Buffer and Perimeter Planting (2) Interior Planting (3) Foundation Planting (4) Parking Lot and Sreel Trees (5) Tree Planting Requirements (6) Preservation of Existing Appropriate Native Vegetation (7) Protection of Natural Areas In the model ordinance, this would be done for sections 11.2-11.5 above. Sec. 12. TURFGRASS. Non-native turlgrass shall be considered within the percentage of non-native vegetation permitted The landowner shall use a low-water use turfgrass that is approved by staff as the most appropriate turfgrass for use in the area Staff may vary the percentage of turf grass requested by the landowner in the landscape plan. " City of Sanibel Landscape Code, Art 11, See 122-145, Removal of Native Species The local government must determine whether to consider lurfgrass within the maximum percentage of non-native vegetation allowed pursuant to Section 6 or to permit an applicant to exceed the requirement to accommodate the use of non- native lurl grass. Sec. 13. LANDSCAPE PLAN REVIEW CRITERIA. When reviewing a landscape plan, appropriate local government staff, including the City Arbonst, may consider the following factors in order to approve or deny a landscape plan. (1) whether the landscaping requirements of sections 10 and 11 have been satisfied; (2) whether adequate measures have been taken to protect existing appropriate native vegetation at the site, (3) whether adequate measures have been taken to protect any existing rare, threatened, and endangered plants at the site; (4) the level of appropriateness of the native vegetation chosen for the site based on the soil, topography, hydrology, and Flammability of the particular site, (5) the diversity of the plants, and (6) whether the landscape plan takes into account the area's wildfire risks See. 14. LANDSCAPE MAINTENANCE. A landowner is responsible for ensuring that all landscape material that is part of an approved landscape plan regulated by this ordinance is maintained in a healthy condition. Within the first year after the date that the landscape plan has been completely installed, if any native plant that is part of the requirements of this ordinance dies or is substantially damaged, the landowner shall replace the plant with the same landscape material or other appropriate native vegetation as approved by appropriate local government staff One year is a common time period used by many landscape ordinances, and generally, a plant that survives the first year of planting will be well establlshed. A local government, however, may choose to implement a more stringent and longer time period during which a land owner would be responsible for replacing any plants that have died or been substantially damaged See. 15. MODIFICATION OF EXISTING LANDSCAPING. If land owner modifies fifty -percent (50%) or greater of the entire landscaped area of an existing landscape plan which was installed prior to the implementation of this ordinance, the land owner shall bring the portion of the landscaped area that is being modified into compliance with the provisions of this ordinance Page 35 of47 Page 36 of 4] This section of the ordinance applies to situations where only the existing landscaped area is being modified by greater than 50%a Section IS above requires existing landscapes to be brought into compliance with this ordinance when there is greater than 50% renovation or expansion of the existing development, increase in lot improvement value, or structure expansion. This ordinance, however, does not address incremental landscape modifications. Sec. 16. LAND CLEARING. No construction shall begin or land shall be cleared until a land clearing permit has been acquired and the landscape plan for the site has been approved according to the provisions of this ordinance The two primary purposes for this section are fa preserve existing appropriate wave vegetation and to provide protection for any rare, threatened, or endangered plants which may be located at the site prior to removal of any existing vegetation. When reviewing the landscape plan, appropriate local government staff may consider the level of appropriateness of the existing native vegetation to the are, whether an adequate amount of the existing appropriate native vegetation has been preserved in the plan, and whether rare, threatened, or endangered plants are protected as required by the ordinance and applicable laws. The fadure to adequately preserve appropriate existing native vegetation or protect rare, threatened, or endangered plants as required may be the basis for the denial of a landscape plan Incentives can be given to encourage the on -site preservahon of appropriate existing native vegetation. Sec. 17. TREE PROTECTION DURING CONSTRUCTION AND LAND CLEARING. It shall be unlawful for any person to remove, destroy, or permanently damage any existing appropriate native tree that is four (4) caliper inches or larger without first obtaining a Tree Removal Permit from the appropriate local government staff All existing appropriate native trees designated as remaining in their original placement as a part of the landscape plan shall be protected during construction and land clearing from permanent damage to any part of the tree. A developer shall follow the guidelines for protecting existing native trees during construction and land clearing provided in the Landscape Manual, pursuant to section 25 of this ordinance The purpose of this section is to prevent destructive land clearing and construction practices that may leave an existing native tree in its place but so severely damage a that a is an longer a viable tree and will eventually dre Trees are often damaged due to the destruction of roots when installing utilities, spills of harmful materials, and loss ofair and water to the roots due to the compacting of sod or fill above the critical root systems.'' Some of the ways to protect these trees during construction and land clearing include protecting groups of trees with protective barriers within which construction is prohibited, requiring minimum layers of sod protection such as chip mulch or pine straw where heavy n Fulton County Tree preservation Ordnance, "Protecting `Save' Trees," TwP. Cn v USA BOLLS I IN No 31 machinery does have to cut through a protected tree area to prevent compacting of soil and damage torrents, carefully culling roots to allow for new )root growth rather than tearing roots, tunneling utility pipes rather than trenching where they cannot be rerouted around trees, and providing aeration systems over roots' that may be covered with pavement orfill."' This section can be amended to expressly list required or suggested methods of protection. Sec. 18. TREE REPLACEMENT AND MITIGATION BANK. A landowner who removes any tree from a site shall replace that tree with a replacement tree or a number of replacement trees in sum that are equal or greater to the diameter of the tree that was removed inch for inch All replacement trees shall be appropriate native trees If landowner cannot feasibly replace all the caliper inches of trees removed at a site, the landowner most pay a tree replacement fee to the Tree Mitigation Trust Funds from the Tree Replacement Trust shall only be used to purchase trees and vegetation for planting on public property within the City or to fund landscape enforcement and educational activities required by this ordinance The City of Winter Park is an example ofa local community in Florida that has established a Tree Replacement Trutt Nund.9' Sec. 19. FINANCIAL ASSURANCES. When deemed necessary by appropriate local government staff, appropriate security or guarantees shall be provided by the applicant to ensure proper Implementation of the landscape plan as approved The guarantee may be in the form of a performance bond, trust fund, irrevocable letter of credit, or other financial assurance mechanisms acceptable and payable to the City. The amount of financial assurances shall be determined by the City When the appropriate local government staff determines that under the particular circumstances planting of trees or vegetation would not be prudent before a certificate of occupancy or certificate of completion is issued, the applicant may post a performance bond with the City Council, in a form acceptable to the City The performance bond shall be in an amount no less than 125 percent of the estimated cost of all trees and vegetation to be planted, plus labor. The performance bond shall be received and accepted by the City prior to the issuance of the certificate of occupancy or certificate of completion "a Sec. 20. VARIANCE PROCEDURES. As a matter of local government law, variances provide a means to address circumstances where there is a unique hardshrp placed on a landowner by strict application of zoning regulation that is nor shared by other properly owners in s`tJ City of W inter Park, g 58-297, Alternatives to the preservation of trees not permitted for removal Based upon Barred County, Florida, Landscape Ordinance, Sec 62-4334, General Landscaping Requirements Page 37 of47 Page 38 of 47 the area." A "variance" is relief granted Jrom literal enforcement of a zoning ordinance permuting use of properly in a manner otherwise forbidden upon a fndmg that enforcement of the ordinance as written would mfhct practical difficulty or unnecessary hardship on a property owner. Generally, variances cannot be granted based on economic hardship alone or when the hardship is self-imposed 100 In some Furtsolicti its in Florida, the hardship that warrants the variance must be such that it renders it virtually impossible to use land for the purpose Jor which it is zoned, i.e. no reasonable use can be made of the property. iai Granting a variance allows the applicant to depart from the requirements of the ordinance. This provision leaves the ultimate decision regarding these sorb' at requests to the commumly governing body. Anticipated uses that are inconsistent with the requirements and goals of the ordinance may alternatively be permitted by express inclusion in the list of exemplimis in section 5 of this ordinance. (1) Petition. Any landowner whose property is regulated by this ordinance may petition the appropriate local government staff for a variance from the requirements of this ordinance The petition must include. (a) the name and address of the applicant, (b) a detailed description of the exigent circumstances that warrant variance from the requirements; (c) a proposed landscape plan, and (d) any other relevant information that staff requests of the applicant. (2) D i ion Within thirty (30) days of receiving the petition, the appropriate local government staff will notify the landowner in writing of its decision to either approve or deny the petition (3) Appeal The landowner may appeal a denial of the variance to the City Council by submitting a written notice of appeal to the City Council within thirty (30) days after the date of determination by the appropriate local government staff Sec. 21. ENFORCEMENT. 99 See e g Town of Indialwtie v Nance, 485 So. 2d 1318 (Fla App Sth Dist, 1986), Bernard v Town Council of Palm Beach, 569 So 2d 853 (Fla App 4th Dist, 1990), Crossroads Lounge, lire v. City of Miami, 195 So 2d 232 (Fla. App 3d Dist, 196)), Board of Adjustment of City oflit Lauderdale V. Kremer, 139 So. 2d 448 (Fla App. 2d Dist, 1962), 1'Y See e.g, Metropolitan Dade County v Remeng Corp, 399 So 2d 379 (Fla App 3d Dist, 1981), Thompson v Planning Com'n of City ofJacksonvdle, 4" So 2d 1231 (Fla App. I sr Dist , 1985), Burger King Corp. v Metropolitan Dade County, 349 So 2d 210 (Fla. App 3d Dist, 1977) 101 ,we a g. Town of irci alannc v Nance, 485 So 2d 1319 (Fla App 5th Dist, 1986), Thompson v. Planning Caron of City ofJacksonvdle, o.4 So. 2d 1231 (Fla App let Dist, 1995) Implementation and enforcement of this ordinance by staff, including the City Arborist, shall consist of. (1) Notice of Violation If any provision of this ordinance is violated at any time, the staff shall issue a written notice of the violation to the owner of the landscaped area. The owner shall have thirty (30) days within which to correct the violation before any punitive action is taken (2) Fines If any person who violates the provisions of this ordinance has not corrected the violation within thirty (30) days after receiving nonce of the violation, the City may issue a fine to such person. (3) Injunctive Relief If any person engages in landscaping activities regulated by this ordinance without the prior approval of a landscape plan by the staff, then the City may file an action for inj unitive relief in a court of competent jurisdiction (4) Denial of Permits If any person fads to obtain approval of landscape plan from the staff or implements a landscape plan contrary to the plan approved by the staff, the City may deny such person additional development permits on the basis of failure to comply with the requirements of this ordinance (5) Inspections Designated City landscape inspectors shall have the authority to make inspections at reasonable hours of all areas landscaped pursuant to this ordinance at any time during the development of site, installation of the landscape plan at the site, and within the first year after the date that the landscaping is completely installed The inspections may be made without notice, and refusal to allow such inspection will be a violation of this ordinance. Refusal to allow inspection will constitute grounds for a court of competent jurisdiction to issue an administrative warrant for the purposes of inspecting the landscaped area (6) Susoension or Revocation of Ixneuer nod/or Certificat on All registered landscape architects, landscape designers and landscape contractors that submit a landscape plan pursuant to this ordinance shall be responsible for ensuring that the landscape plan is installed as approved. Any landscape architect, landscape designer or landscape contractor that installs a landscape plan in violation of this ordinance shall be subject to suspension or revocation of their license in the municipality where the work was completed The keys to .success for a landscape ordinance will be both public support and staticienl enforcement. 102 A community must be willing to put resources into landscape inspections in order to enforce the provisions (if this ordinance to 1e'DuaneR Dergee, Alachua County Forester, Character/snit J GmiJ Tree Protection and Landscape Grcfaiarccs. Page 39 of 47 Page 40 of 47 achieve the grins laid out in section 1. Implementing sinci requirements that deny development permits for noncompliance with this ordinance ,no placing responsibility on landscape professionals for certifying that their work is installed as planned are two powerful ways to ensure compliance. Sec. 22. INCENTIVE PROGRAM. A local government may choose to provide incentives to promote the use of appropriate native vegetation. This may be especially useful for property owners who are not otherwise subject to the ordinance, e.g. those not contemplating modifications to their landscaping. There are many incentives that a local government may offer to encourage Its citizens to participate in the promotion of appropriate native vegetation. The following list provides examples of such incentives, mcludmg.� 1) Fast trackpermunngfor budding and landscape permits 2) Reducedpermillingfees 3) Certified Nalive Landscape programs/Marketing 4) Taxtlreaksiuserfeereductioiu, 5) Payment or(ust ,4hare Programs for Removal of lnvasive ,'pee,n Sec. 23. APPEALS TO CITY COUNCIL. Any person adversely affected by a decision of the staff in the enforcement or interpretation of any provisions of this ordinance may appeal such decision to the City Council. Such appeal shall be made in writing to the City Council within thirty (30) days after the decision of the staff The City Council shall set a time and place to allow the applicant to be heard The City Council shall thereafter either grant or deny the application in whole or in part and notify the applicant in writing of its decision. As an alternative, a local government may choose to provide appeals to the Landscape Committee, created pursuant to section 27 of this model ordinance, rather than to the City Council. See 24. FEES. The City Council may charge an applicant reasonable fees for any permits and applications required by this ordinance Such fees may from time to time be amended by the City Council Sec. 25. LANDSCAPE MANUAL The City Council shall adopt a "Landscape Manual" by resolution that illustrates best management practices and standards for preserving existing native vegetation and natural areas, landscape design, tree installation, tree preservation, wildfire protection, and maintenance using appropriate native vegetation. The manual shall include a list for each landscape category of the appropriate native plants that should be planted in that landscape category. The purpose of the manual is to provide landscape applicants with a resource that clearly depicts guidelines for landscaping design in accordance with these standards, including landscaping drawings, sample plans, and suggested landscaping practices that will promote a healthy environment in accordance with the goals as stated in section? of this ordinance The manual shall be made available to the public at (blip'//www --- gov) or by written request to the Landscape Committee This manual may be amended and updated from time to time with approval of the Landscape Committee This landscape manual should be made widely accessible to the public and written to be both easily understood by single-family residential land owners and detailed enough to assist landscape professionals in their design plum for larger developments The contents of this landscape manual are beyond the scope of this mode[ ordinance, which is designed to .set out the language for an ordinance requiring the use of native plants. The ordinance sets out the minimum landscaping requirements, while the manual can be used to anus/ landowners, landscape designers and planners in designing creative landscaping using appropriate native plants and best landscaping practices. Sec. 26. EDUCATION. The City recognizes that education of its citizens on the benefits of appropriate native vegetation and the need for the use of more efficient landscaping practices is essential in order to protect the City's valuable natural resources, including water, wildlife, and native plants In orderto increase public awareness and educate its citizens of the critical need for the protection and promotion of appropriate native vegetation, the City shall sponsor workshops on landscape design principles and the benefits of landscaping with appropriate native plants. The City shall also make available educational materials to instruct landowners on the most efficient methods of landscape design and maintenance Education is a critical component to achieving benefits for the local community by encouraging the use of landscape design principles that incorporate appropriate native plants. This is particularly essential for single-lamily homeowners who may not be aware of the individual benefits they will receive, what plants actually are native or endangered or threatener( and how to desgn their landscaping to achieve water conservation, efficiency, and prolection goals. Single f etay landscaping can account for a large portion of a local community's landscaped areas and if designed properly can contribute signjivandy to protecting native habunl. See. 27. LANDSCAPE COMMITTEE. Review and approval or denial of individual landscape plans are handled at the approprialc local government staff level. The purpose of the Landscape L'ommhlee, is to coordinate overall landscaping design and education within the local govermeent's jurisdiction to promote the use of appropriate native vegetation and further the purposes of this model ordinance, pursuant to section Page 41 of 47 Page 42 of 47 2, to achieve the bene/its of preservation of existing native vegetation and use of appropriate native vegetation in landscaping Sec. 27.1. Purpose. The Landscape Committee is created with the following general purposes: (a) to protect existing appropriate native vegetation; (b) to promote the use of appropriate native vegetation in all public and private landscaped areas, (c) to coordinate efforts toeducate citizens of the City of Sabalville about the benefits of appropriate native vegetation and best management practices for efficient landscaping design, and (d) to make recommendations for the design of the overall landscaping plan for all public property within the City. The purpose of this Landscape Committee is io have one knowledgeable group with an overall goal to promote efficient landscape design and use of appropriate native plants that acts as the coordinator of the local government's overall landscape design and education. Approval of individual landscape plans is handled at the staff level and not by the Landscape Committee A local government may, however, choose to have the Landscape Committee hear appeals from .staff denial of landscape plans instead of appeals to as City Council, see amount. to section 23 of this model ordinance, Appeals to City Council. There is precedent for landscape committees that promote landscaping design principles. The City of Jacksonville, Jar example, has a landscape committee made up of eleven members that does not approve the landscape plans but has purposes to make recommendations to the City Council regarding landscaping of public property, create an overall landscaping and bea if fcation plan for public property in the Crry, and to act as a coordinating body to encourage public and private participation in the landscaping of the City tu3 The City of Winter Park, as another example, has a Tree Protection Board that handles appeals from tree removal permits and makes recommendations for variances from tree protection requirements. 104 Sec. 27.2. Membership. The Landscape Committee shall consist of a group of seven (7) members The Landscape Committee, where practicable, should be made up of one member from each of the following categories (1) local native plant society or organization representative, (2) local nursery growers association representative, (3) registered landscape architect, j°' lack.wnle Landscape Comm¢smn, Jack aonvdly Ordinance Code §54 101-54 10& ra City of Winter Park, Tree Removal and Protection, §58-291-293 (4) certified landscape designer, (5) master gardener representative; (6) master naturalist representative, (7) public natural resource manager, (8) representative from the local builders association; (9) city arbonst or other knowledgeable staff member if the City does not have an arborist on staff, (10) city forester or other knowledgeable staff member if the City does not have an forester on staff, (10) botanist or plant ecologist, Ideally with an advanced degree in that field, and (11) representative of the Division of Forestry or local fire service with knowledge of highly -flammable plant issues near structures ?'he purpose of listing the categories in the ordinance from which the City Council should consider selecting members to the Landscape Committee is to ensure that the. City Council will select a balanced Landscape Committee that represents all interests fairly in the promotion of native plants. The number and types of members on the Landscape Committee in a particular community depends upon the si:e of the community, its specific needs, and the expertise available. The number of members on the Committee should be a small enough number to promote manageable decision making but not so small as to lose adequate representation ofthe mterests. Sec. 27.3. Appointment. Members of the Landscape Committee shall be appointed by the City Council to serve a term of four (4) years Members may be reelected for consecutive terms upon approval by the City Council Sec. 28. CONFLICTING REGULATIONS REPEALED. All regulations that are in conflict with this ordinance, in whole or in part, are hereby repealed to the extent that they are in conflict See. 29. SEVERABILITV. If any portion of this ordinance is for any reason held invalid or unconstitutional by any court of compelentlurisdmtioo, such portion shall be deemed a separate provision and shall not affect the validity of the remaining portions of the ordinance. Sec. 30. EFFECTIVE DATE. This ordinance shall take effect on the date on which it is enacted by the City of Sabalvdle Appendix A. Page 43 of47 Page 44 of 47 EXISTING 'NATIVE PLANT" DEFINITIONS The following is a list of definitions of native plants and native vegetation used in existing legislation or academic journals. The Florida Native Plant Society defimtion is the one used in this model ordinance as the best definition of "native plant "The following examples are listed only to demonstrate examples of existing definitions for comparison and are not intended to be used as alternative definitions in a landscape ordinance. Several of these definitions may in fact be broad enough to include non-native or even Invasive plants Florida Native Plant Society (www fops org) Florida Native Plant: refers to those species occurring within the state boundaries prior to European contact, according to best scientific and historical documentation More specifically, it includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts- and alterations of the landscape. - Adopted by the Association of Florida Native Nurseries Federal Native Plant Conservation Committee, 1994 Native Plant a plant species "that occurs naturally in a particular region, state, ecosystem, and habitat without direct or indirect human actions " Adopted by the U S Department of Transportation, Federal Highway Admimstration, Roadside Use of Native Plains (http://www fhwa.dot gov/environment/rdsduse/rdsduse5 him) The United States National Arboreutm (www usna.usda gov/Gardens/glossary him]) Native Plant A plant that lives or grows naturally in a particular region without direct or indirect human intervention. • St. John's River Water Management District Model Landscape Water Conservation Ordinance, Draft Native Vegetation Native or drought -resistant plants include those in the District's Waterwise Florida Landscapes, available at http.//www.sjmmd com/progmms/outreach/conservation/landscapehndex him], the Florida Native Plant Society's list of native landscapes plants for County, available at http.//www.fnps.org/pages/plants/ia dKape_plmts.php, AGardener's Guide to Florida's Native Plams (Osorio 2001), or other compatible guidelines City of Sanibel Code of Ordinances (Sec. 122-101) Endangered naive plains: An indigenous plant species that has been identified as in danger of becoming extinct because of harmful human activity or environmental factors, and that is thus the subject of protective regulations and conservation measures. These plants are identified on the following two lists' Federal List http://endangered fws gov/50efr plants pdf Native plains: Those plant species whose natural range included Florida at the time of European contact (1500 AD ) as identified on the Atlas of Vascular Plants Websile, which is identified as follows Atlas of Vascular Plants, University of South Florida Institute for Systematic Botany http //www plantallas usfedu/default asp Miami -Dade County Landscaping Ordinance (Sec 18A-3) Native habitat: An area enhanced or landscaped with anpppropriate mix of native tree, shrub and groundcover species that resembles a native plant community or natural forest community in structure and composition or is naturally occurring Native plant species: Plant species with a geographic distribution indigenous to all or part of Miami -Dade County Plants which are described as being native to Miami -Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela and "The Biology of Trees Native to Tropical Florida' by P B Tomlinson, are native plant species within the meaning of this definition. Plant species which have been introduced into Miami -Dade County by man are not native plant species Native plant community A natural association of plants dominated by one (1) or more prominent native plant species, or a characteristic physical attribute City of Jacksonville Landscape and Tree Protection Regulations (Sec 656-1203) Vegetation, native means any plant species with a geographic distribution indigenous to all or part of the State of Florida Naturally occurring exi.sangplam communities See Vegetation, native City of Tampa Code of Ordinances (see 13-4) Native plan[ community means those plant communities naturally occurring in north and central Florida. Native plant materialmeans any plant material indigenous to central Florida and which is naturally grown or commercially propagated or cultivated for the nursery or landscaping industry Native tree. means any tree indigenous to central Florida or the city and which is naturally grown or commercially propagated or cultivated for the nursery or landscaping industry. Page 45 of47 Page 46 of 49 • City of Gainesville Code of Ordinances (Sec 30-23) Native means those plants and ammals, including commomzed vegetation, and especially vegetation known to have existed locally when Ponce de Leon arrived in Florida, which are appropriate to the ecological setting, have noninvasive growth habits, are tolerant of the hydrologic conditions of the site, and require little maintenance upon maturity Native plants: means those plants, including commomzed plants, which are appropriate to the ecological setting, have noninvasive growth habits, are tolerant of the hydrological conditions of the site, and require little maintenance upon maturity • City of Orlando Code of Ordinances (Sec 66-200) Native Plant Community. An indigenous association of plants identified by one or more prominent species or a characteristic physical attribute. In Central Florida, native plan communities include pine Balwoods; hydric, mesic and xeric hammocks, sand pine scrub; wetlands and cypress domes; prairies, sandhdls, and hardwood forests Native Species (Plant or Tree): (Reserved ) • Florida Department of Environmental Protection, Draft Florida Friendly Landscape Model Ordinance Native Vegetation Any plant species with a geographic distribution indigenous to all, or part, if the State of Florida • "Origin of the Species: Native versus Non-native Rangeland Plants." By Sherry Dodson. (http.//www.enr.uidaho edu/range456/hot-topics/native-plants-debate him) Native, indigenous Species that evolved in the region they inhabit • Florida Nursery Growers and Landscape Association — Landscape Ordinance Policy Position Paper (www fngla org) "The basic foundation of a local or county landscape ordinance must incorporate the overarching principle of horticullural science: 'put the right plant in the right place' In other words, landscape ordinances must feature flowers, plants, trees, and shrubs that are suited for the sod, topography, and climate found at the landscape site. By 'putting The right plant in the right place,' FNGLA fully supports the wide use of native and non- native plants as there are plenty of sensible opportunities for both." Purc 47 of 47