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HomeMy WebLinkAboutArticle XIVArticle XIV. Tree Protection and Landscaping SECTION 54-3-14.1 PURPOSE, INTENT AND APPLICABILITY. A. Purpose. The purpose of this article is to establish protective regulations for trees within the city in order to better control problems of flooding, soil conservation, air pollution and noise and to make the city a healthier, safer and more beautiful place in which to live. B. Intent. The intent of this article is to: 1. Preserve the low density and open space characteristics of the City through the use of trees and landscaping. 2. Encourage the protection of the maximum number of trees and of large specimen trees and to encourage in particular the protection of native trees of the city. 3. Protect the existing tree canopy cover in the City and to develop a tree canopy in areas where such a canopy does not exist. 4. Encourage the development of tree lined streets. 5. Require screening and beautification of all commercial, industrial and institutional sites so as to improve, protect and preserve the city's unique aesthetic characteristics and qualities. C. Applicability. 1. The minimum standards for landscaping set forth in this article shall be applicable to all new construction, remodeling or enlargement requiring updated code compliance. 2. 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. SECTION 54-3-14.2 HISTORIC TREES. The removal of a "historic tree", 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 Building Director which requires immediate action may be removed after verification and obtaining approval from the City Manager. SECTION 54-3-14.3 SPECEVIEN TREES. The removal of a specimen tree requires a removal permit from the Building Director. Prior to the issuance of a removal permit, the applicant shall identify the species of the tree to be removed, consider alternative site plans to determine if the specimen trees can be saved without the removal or damaging of the trees and provide a proposed landscaping plan whereby the applicant has planted or will plant trees to replace those that are proposed to be removed. The following criteria for removal of protected trees shall be used: Land Development Code Page XIV-1 City of Sebastian 6/ 15/2000 9:12 ANI Chapter III: Performance Criteria Article X N: Tree Protection and Landscaping A. 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; B. 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.; C. That the tree or tree roots are causing, or threaten to cause, damage to any main structure on the owner's property. D. 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. E. Necessity to remove trees which present a hazard to structures. F. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. G. 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. 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. 1. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. J. 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 (10) feet). 2. Need for access to the building site for construction equipment. 3. Essential grade changes. K. Use of the land as permitted by the applicable zoning regulations. L. The extent of any damage or hardship which would result from a denial of the requested permit. Upon making a finding that one of the above criteria has been met, the Building Director shall issue a permit for the removal of a specimen tree. When a specimen tree is removed it shall be replaced by a tree with a minimum height of twelve (12) feet. Land Development Code Page NW-2 City of Sebastian 6/ 15/2000 9:12 AM Chapter IH: Performance Criteria Article XIV: Tree Protection and Landscaping SECTION 54-3-14.4 MANGROVES. Mangroves shall not be removed except as provided herein. 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 to provide access to a dock or pier when there are no practical or permitable alternatives. SECTION 54-3-14.5 PROHIBITED AND UNDESIRABLE EXOTIC VEGETATION. All prohibited and undesirable exotic vegetation must be removed by the developer or property owner at the time of clearing, construction or redevelopment. Prohibited and undesirable exotic vegetation shall not be used to meet the tree or landscape requirements of the Land Development Code. Prohibited and undesirable exotic vegetation may be removed without a permit after receiving verification from the Building Director. Under no circumstances shall any of the following five (5) 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 be cause for assessment of penalty and damages for subsequent removal against said violator. 1. Ear Tree (Enterolobium Cyclocarpum); 2. Chinaberry (Melia Azedarch); 3. Australian Pine (Casuarina Spp); 4. Punk Tree or Cajeput Tree (Maleleuca Auinquernervia or Maleleuca Leuadendron); 5. Brazilian Pepper (Schinus Terebinthifolius). � SECTION 54-3-14.6 RESIDENTIAL LANDSCAPING REQUIREINIENTS. All areas of residential lots not covered by a building or impervious surface shall be grassed, sodded, or seeded except for landscaped areas including protected existing natural vegetation. Landscaped areas shall be mulched or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds, wetlands, or waterways are exempt from this requirement. SECTION 54-3-14.7 RESIDENTIAL TREE REQUIREMENTS. A. Required Trees 1. All residential lots shall have the following minimum number of trees: Lot Size (So. Ft.) less than 10,000 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 (three native) seven trees (four native) twelve trees (six native) fifteen trees (eight native) eighteen trees (nine native) twenty trees (ten native) 2. Trees that are added to a lot in order to satisfy the minimum tree requirements for the lot shall be equal to Florida grade number 1, or greater, utilizing the nursery standards f� established by the State of Florida, Department of Agriculture and Consumer Affairs. Land Development Code Page X1V-3 City of Sebastian 6/ 15/2000 9:12 AIM Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping f0�' /O' 3. The City Council may approve by resolution a list of trees that may be used to meet this requirement. B. Limitations. Each tree except citrus trees must have a minimum height of eight (8) feet and have a minimum diameter of one and one-half (1 %) inches or a circumference of 4.7 inches DBH. Citrus trees may be used, provided that none is less than four (4) feet in height and the number shall not exceed three (3) or comprise more than twenty-five (25) percent, whichever is greater, of the required minimum number of trees on the lot. If palms are used, they shall constitute no more than thirty-five (35) percent of the total tree requirement and shall have a minimum of six (6) feet of clear wood. C. Tree Credits. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (1) above. 1. Existing trees. Size Credit 2" - 4" dbh 1 tree Over 4" - 10" dbh 2 trees Over 10" - 20" dbh 3 trees Over 20" dbh 5 trees 2. Palm trees may be utilized on a one -for -one credit basis. 3. 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. 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 six months. The failure to maintain the number of trees required by this section shall constitute a violation of this article and shall subject the violator to the penalties as prescribed in section 1-10 of the City Code of Ordinances. E. Maintenance Requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, brimming, 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. Land Development Code 6i 15/2000 9:12 AIM Page XI"V4 City of Sebastian Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping Io''1 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 thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. SECTION 54-3-14.8 RESIDENTIAL TREE REMOVAL, GRUBBING, AND LAND CLEARING PERtiIITS. A. Grubbing. The application for a grubbing permit shall be filed with the Building Department on forms furnished by the Building Director. The application shall include a copy of the recorded deed indicating the current owner. The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves and gopher tortoises. If gopher tortoises are found, the applicant shall be required to obtain the necessary permits from the State of Florida. 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 single family and duplex residential lots 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 Building Director. 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 specimen 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. 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 and gopher tortoises (for grubbing or land clearing). If gopher tortoises are found, the applicant shall be required to obtain the necessary permits from the State of Florida. Permits for the removal of any historic trees, specimen trees, or mangroves shall be obtained. Land Development Code 6/ 15/2000 9:12 AM Page XPV-5 City of Sebastian Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping The following criteria for removal of protected trees shall be used: 1. 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. 2. Necessity to remove trees which present a hazard to structures. 3. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. 4. 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. 5. Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. 6. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. 7. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: a. Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). b Need for access to the building site for construction equipment. C. Essential grade changes. 8. Use of the land as permitted by the applicable zoning regulations. 9. The extent of any damage or hardship which would result to the applicant from a denial of the requested permit. Upon making a finding that at least one of the above criteria is met, the Building Director shall issue a land clearing permit for the removal of a protected tree. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. SECTION 54-3-14.9 COMMERCIAL TREE REQUIREMENTS. All multi -family, commercial, industrial and institutional sites shall meet the following requirements. A. Trees along public streets. One tree for each twenty-five (25) lineal feet or fraction thereof along all public streets, with a minimum of two (2) trees on any one street frontage. B. Tree requirement along perimeter not adjacent to the right-of-way. One tree for each thirty- five (35) lineal feet or fraction thereof of the perimeter of the property not adjacent to public streets. Land Development Code Page XQV-6 City of Sebastian 6/ 15/2000 9:12 AIM Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping C. Tree requirements for off-street parking areas. There shall be one (1) tree for every five (5) parking spaces or fraction thereof. D. 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 (1) tree per 2000 sq. ft., or portion thereof, of open space E. 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. F. 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. 1. Existing Trees. Size Credit 2" - 4" dbh 1 tree Over 4" - 10" dbh 2 trees f0011� Over 10" - 20" dbh 3 trees Over 20" dbh 5 trees 2. 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. SECTION 54-3-14.10. COMMERCIAL TREE REMOVAL, GRUBBING, AND LAND CLEARING PERMITS All multi -family, commercial, institutional and industrial zoned lots are required to obtain a permit for tree removal, grubbing or land clearing. A. Grubbing. The application for a grubbing permit shall be filed with the Building Department on forms furnished by the Building Director. The application shall include a copy of the recorded deed indicating the current owner. The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves and gopher tortoises. ff gopher tortoises are found, the applicant shall be required to obtain the necessary permits from the State of Florida. /O� A grubbing permit does not authorize the removal of any trees. Land Development Code Page XIV-7 City of Sebastian 6/ 15/2000 9:12 AM Chapter M: Performance Criteria Article XIV: Tree Protection and Landscaping B. Tree Removal and Land Clearing. The application for a tree removal permit or land -clearing permit shall be filed with the Building Department concurrent with an application for a development order permit. Any applicant for a tree removal or land clearing permit must include an approved site plan showing the location of all protected, specimen and historic trees and/or mangroves which are to be removed or retained. The removal of an historic tree requires approval by the City Council. The application shall also contain information required to assure compliance with SECTION 54-3- 14.14. Tree Protection Standards. The staff shall then inspect the site to confirm the location of all protected trees, historic trees, specimen trees, or mangroves and gopher tortoises (for land clearing). If gopher tortoises are found, the applicant shall be required to obtain the necessary relocation permits from the State of Florida. The following criteria for removal of any protected, historic or mangrove trees shall be used: 1. Must be removed in order for the applicant to use the property for any permitted, conditional or special use approved 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. 2. 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 from an arborist who has been certified by the International Society of Arboriculture. 3. That the tree or tree roots are causing, or threaten to cause, damage to any main structure on the owner's property. 4. 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. 5. Necessity to remove trees which present a hazard to structures and utilities. 6. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. 7. The extent to which existence of the tree 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. 8. Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. 9. 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. 10. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: a. Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). b. Need for access to the building site for construction equipment. C. Essential grade changes. Land Development Code 6/ 15/2000 9:12 AM Page XTV-8 City of Sebastian Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping f� 11. - Use of the land as permitted by the applicable zoning regulations. 12. The extent of any damage or hardship which would result to the applicant from a denial of the requested permit. Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. SECTION 54-3-14.11 COILNIERCIAL 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 fifty (50%) percent 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 in Section 54-3-14.11.C(1). 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. /10� 3. The use of planting to create shadow and patterns against walls. 3. Trees to create canopy and shade, especially in parking areas. 4. The use of flowering trees in informal groups to provide color. 5. Informal massing of colorful plantings. 6. Use of distinctive plants as focal points. 7. Berms, plantings, and low walls to screen parking areas from view of public right-of-way while allowing filter views of larger buildings beyond. 8. 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 seventy-five (75) percent 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 (010IN reduced to five (5) feet in width upon the recommendation of the Planning and Growth Management Director and approval of the Planning and Zoning Commission. Land Development Code Page XIV-9 City of Sebastian 6/ 15/2000 9:12 ANI Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping B. Perimeter landscape strip. A landscape strip shall be provided on the entire perimeter of all multi- family, commercial, industrial and institutional property, except properties with zero (0) foot setbacks. The landscape strip shall be a minimum of ten (10) feet in width; however, property having a width or depth of fifty feet or less, the required landscape strip may be reduced to five feet in width. Necessary accessways from public right-of-ways 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 multi -family residential or commercial districts, the barrier, hedge, or landscape berm shall be a minimum of four (4) feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along street rights -of -way shall be a minimum of three (3) feet in height. In addition, there shall be a minimum of one (1) shrub for each six (6) 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 (10) feet in width. C. Interior landscape requirements. 1. Off-street parking areas. Off-street parking areas shall be landscaped with a minimum of fifteen (15) square feet of landscape area for each parking space. Each landscape area shall be a minimum of fifty (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 thirty (30) spaces, provided that no more than fifteen (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 10 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. rlo� 2. A hedge shall be planted within the landscape area and shall be a minimum of three (3) feet in height and form a solid and unbroken visual screen immediately upon planting. Land Development Code Page XIV-10 City of Sebastian 6/ 15/2000 9:12 Alai Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping 3. Parked vehicles may overhang a landscape strip no more than twenty-four (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: Trees: Immediately after planting, all trees shall be a minimum of eight (8) feet in height, have a minimum diameter of one and one-half (1 %) inches or a circumference of 4.7 inches DBH, and shall have a minimum of five (5) 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 twenty (20) feet and having trunks that can be maintained with over six (6) feet clear wood. Trees or palms having an average mature crown spread of less than twenty (20) feet may be substituted by grouping the same so as to create the equivalent of a twenty -foot (20) crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein. Fifty (50) percent of the trees shall be native and drought tolerant. If palms are used, they shall constitute no more than thirty-five (35) percent of the total tree requirements for any provisions herein and shall have a minimum of six (6) feet of clear wood. No tree species shall account for more than fifty (50) percent of the total number of trees. f 2. Shrubs and hedges. Shrubs and hedges shall be used to complement the tree planting. Individually planted shrubs shall be a minimum of twenty-four (24) inches in height immediately after planting. Shrubs planted for required hedges shall meet the minimum height requirements as established in 54-3-14.11(B) immediately after planting. Additionally, the City encourages and highly recommends all shrubs and hedges be planted in off -set 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 flats shall be planted no more than 12 inches on center, and containerized woody shrub groundcovers shall be planted no more than three (3) feet on center. Groundcovers shall be planted in such a manner as to present a finished appearance and one hundred (100) percent coverage within one year after the issuance of the certificate of occupancy. 4. Vines. Vines shall be a minimum of thirty (30) -inches in height immediately after planting and may be used in conjunction with fences, screens and walls to meet physical barrier requirements. 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 ninety (90) days from sowing. Land Development Code Page XIV-11 City of Sebastian 6/15/2000 9:12 AM Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping 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 H (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. i 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 thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. SECTION 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 fifty (50) feet. /O� 3. Property lines, easements and rights -of -way with internal and property line dimensions. Land Development Code 6/ 15/2000 9:12 AM Page XN-12 City of Sebastian Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping 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. 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 (5) 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. SECTION 54-3-14.13 COMIYIERCIAL IRRIGATION STANDARDS. All multi -family, commercial, industrial, and institutional sites shall provide a permanent irrigation system for all landscape areas. A. All irrigation systems shall be designed - to avoid surface runoff, overspray, or similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, or structures. Land Development Code Page XIV-13 City of Sebastian 6/ 15/2000 9:12 AM f'"01� Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping B. Irrigation systems shall use drip, trickle, low flow sprinkler heads or any other recognized method of low volume, high efficiency irrigation and shall be, designed to apply water uniformly over the irrigated area. C. Irrigation systems design flows shall meet peak irrigation requirements of the plant material. D. Sprinkler spacing should not exceed manufacturer's recommendations. E. Special attention shall be given to avoid erosion due to runoff on slopes. F. Rain sensing override devices shall be required on all automatic irrigation systems. Soil moisture sensing devices are encouraged. G. For those sites where the installation of reclaimed water system is feasible and meets all regulatory requirements, such a system shall be installed. Where such reclaimed water is not available, well water should be used. Any irrigation system connected to the drinking water supply shall have a cross connection devices approved by the Indian River County Utilities Department. H. Irrigation shall only occur during those times permitted by the City of Sebastian and the St. Johns River Water Management District. I. A maintenance plan shall be provided. SECTION 54-3-14.14 TREE PROTECTION STANDARDS. A. Application before certain activities; removal of undesirable trees; provision of homeowner's packet; replacement of certain trees. Prior to grubbing, land clearing or removing any protected and specimen trees within the city limits of Sebastian, a person shall make application to the Building Department for the appropriate permit. All prohibited or undesirable exotic trees must be removed by the developer at the time of clearing. 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 trees, specimen trees and historic trees destroyed or removed without a permit shall be replaced by a tree with a minimum height of twelve (12) feet. The cost of replacing protected, specimen or historic trees shall be incurred by the party responsible for the removal or destruction. Violation of any of the provisions of this article or the conditions of a permit issued hereunder shall be unlawful. Any person and/or legal entity violating any of the provisions of this article or the conditions of a permit issued hereunder shall, upon conviction, be punished as provided in Section I-10 of the Code of Ordinances. Land Development Code Page )UV-14 City of Sebastian 6/ 15/2000 9:12 Alit Chapter III: Performance Criteria Article NIV: Tree Protection and Landscaping 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, historic trees and specimen trees according to the following standards: 1. For trees ten (10) inches or less DBH. Tree protection barricades shall be placed a minimum distance of five (5) feet from the base of each tree to be protected. 2. For trees greater than ten (10) inches DBH. Protective barricades shall be placed at a minimum distance of ten (10) feet from the base of each tree to be protected. 3. For Historic and specimen trees. Protective barricades shall be placed at a minimum distance of ten (10) feet from the base of the historic or specimen tree plus an additional one (1) foot for each additional inch DBH greater than ten (10) inches. Changes to grade or construction of impervious surface or utilities within the required protective barricade shall be permitted subject to the following guidelines: I. Changes in grade or construction within the protected zone must be approved by the Building Director prior to beginning construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees. f� r• Impervious surfaces shall maintain minimum clearance from the bases of all trees to be protected. Trees fifteen (15) inches DBH or less shall have a minimum clearance of six (6) feet. Trees over fifteen inches DBH up to twenty (20) inches DBH shall have a minimum clearance of nine feet. Historic and specimen trees shall have a minimum clearance of twelve (12) feet. 3. All roots outside the protective barricade to be removed during construction shall be severed clean. 4. All pruning of historic and specimen trees shall be done by a qualified tree service during construction. C. Restriction of attachments to historic or specimen 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 (10) foot radius of any protected, historic or specimen tree. 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. Land Development Code Page XIV-15 City of Sebastian 6/ 15/2000 9:12 AIM Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping n f0011N SECTION 54-3-14.15 EXEMPTIONS TO TREE PROTECTION STANDARDS. A. During the period of any emergency proclaimed by the governor of the State of Florida, the City Council of the City of Sebastian or the mayor of the City of Sebastian as provided within the City Charter, all requirements of this article may be temporarily suspended by the City Manager for the period of time required by private or city work forces to remove hazardous trees or clear public thoroughfares. B. All properly licensed plant or tree nurseries shall be exempt from the provisions of this article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. SECTION 54-3-14.16 SCREENING AND BUFFER YARD REQUIREMENTS. A. Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple -family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous ninety (90) percent opaque solid screen not less than five (5) feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each twenty-five (25) lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail. Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the Planning and Zoning Commission to the requirements of this paragraph based on demonstrated need by the applicant. The site plan applicant and successors in ownership shall maintain the continuous screen in perpetuity. B. Applicability of Screenings. Any one of the following types of screening may be required by the Planning and Zoning Commission or City Council during the site plan review process, for the purpose of minimizing the impact of potentially objectionable areas such as parking lots, major thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal facilities, loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other. Land Development Code 6/15/2000 9:12 AM Page XIV-16 City of Sebastian Chapter III: Performance Criteria Article XiV: Tree Protection and Landscaping (00_� C. Description of screening types. Three (3) basic types of screening are hereby established: Type "A", Opaque Screen; Type "B", Semi -Opaque Screen; and Type "C", Intermittent Screen. 1. Type "A" Opaque Screen. An opaque screen is intended to completely exclude all visual contact between uses. The type "A" screen shall be completely opaque from the ground up to a height of at least six (6) feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six (6) feet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of planting, or field observation of existing vegetation. The six (6) foot opaque portion of the screen must be opaque in all seasons of the year. 2. Type "B" Semi -Opaque Screen. The semi -opaque screen is intended to partially block visual contact between uses. The type "B" screen shall be completely opaque from the ground to a height of at least three (3) feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least twenty (20) feet. The semi -opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or any combination thereof which maintains a completely opaque screen of at least three (3) feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of average mature height and density of foliage of the subject species, or field observation of existing vegetation. f 3. Type "C" Intermittent Screen. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The type "C" screen shall utilize large trees having a mature height of at least twenty (20) feet. The intermittent screen may be composed of fences, berms, and either existing or planted vegetation. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observations of existing vegetation. D. General standards for screening and buffer yards. In addition to the commercial landscape requirements where the provisions of this ordinance require screening or buffering, the following standards shall apply: 1. Landscaped Buffer Strip Required. A landscaped buffer strip not less than ten (10) feet in width shall be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with ground cover (preferably native species) in addition to the required screening materials and trees. The landscape strip shall contain no parking area or stormwater management. 2. Tree Plantings Required As Intermittent Obstructions. All screen types ("A", "B", or "C") shall include one (1) tree for each twenty-five (25) lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens. The above trees are in addition to the trees required under the commercial tree requirements tlo� above. All trees required by this provision shall be planted in the buffer strip. Trees shall be planted to maximize screening effect. Land Development Code Page XIV-17 City of Sebastian 6/ 15/2000 9:12 AIM Chapter III: Performance Criteria Article X V: Tree Protection and Landscaping 3. Grading of Berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one (1) foot vertical to three (3) feet horizontal (1:3 slope) with a four foot wide flat top for plantings.. If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with plant material, preferably native, to achieve the required heights. 4. Quality and Maintenance of Plant Materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of section 54- 14.1 LE(6). of this ordinance. No plant species prohibited pursuant to section 5444.5 shall be permitted in satisfying requirements of this article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. All landscape screening and buffering shall be maintained pursuant to requirements of section 54-14.16 of this ordinance. 5. Credit Towards Other Required Landscaping. Where the landscaping provided under this section meets the requirements of other provisions of this ordinance, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space. 6. Front yards, Visibility Triangles. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles. 7. Maintenance. 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 thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. Land Development Code Page XIS/-18 City of Sebastian 6/ 15/2000 9:12 AM Chapter M: Performance Criteria Article XIV: Tree Protection and Landscaping ka SECTION 54-3-14.17 TREE AND LANDSCAPE ADVISORY BOARD. A. There is hereby created a Tree and Landscape Advisory Board, which shall provide advice to the City Council as requested by the Council on care of trees and landscaping on city property, preservation of historic trees, proposed planting of trees or landscaping on City property, proposed amendments to this Tree Protection and Landscape Ordinance, and such other matters as required by the City Council from time to time. B. The Tree and Landscape Advisory Board shall consist of five regular members and two alternate members. Each member shall be a resident of the City and shall be appointed by the City Council. Members shall serve without compensation. All members shall be appointed to two-year terms. As far as practical, the membership should be composed of one building contractor or realtor, one landscape contractor, subcontractor, or maintenance personnel, one landscape consultant, designer or architect, and two concerned citizens. The alternative members should be, as far as practical, one landscape professional and one concerned citizen. C. Vacancies shall be filled by action of the City Council. D. Meetings shall be held at such places and times as determined by the City Council and shall be open to the public. Land Development Code 6/ 15/2000 9:12 AM Page XIV-19 City of Sebastian