HomeMy WebLinkAbout07172002WorkshopsE r a aI
HOME OF PELICAN ISLAND
CITY COUNCIL
WORKSHOP
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
WEDNESDAY, JULY 17, 2002 6:00 P.M.
Council Chambers, 1225 Main Street, Sebastian
Recommended Amendments to Land Development Code
Re: Trees and Landscaping
1. Mayor Barnes called the workshop to order at 6:03 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL. CALL
City Council Present:
Mayor Walter Barnes
Vice -Mayor James Hill (excused)
Mr. Joe Barczyk
Mr. Edward J. Majcher, Jr. (excused)
Mr. Ray Coniglio
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Growth Management Director, Tracy Hass
Chris McCarthy, Parks and Recreation Supervisor
Tree and Landscape Advisory Board Members Present:
Cathy Fulton Chairperson
Charles Cardinale Vice Chairperson
Ruth Davies
Ann Dann
William Creamer
Henry Madsen (newly appointed member)
City Council Workshop
July 17, 2002
Page Two
4. NEW BUSINESS
A. Review Revised Recommended Language to Amend Land Development Code
Article XIV Tree Protection and Landscaping as Recommended by the Tree and
Landscape Advisory Board
Tree and Landscape Advisory Board Chairperson Fulton, Vice Chairman Cardinale, and
member Ann Dann presented explanations for their recommended changes to the Land
Development Code and responded to questions from City Council. They expressed their
concern for the lack of canopy trees in the "Tree City" of Sebastian.
Discussion followed about the problems with fitting sufficient numbers of trees on lots on
which larger houses are being built, trees which are recommended to be discouraged, and
the need for better educational material to the homebuyer relative to preferred trees.
It was decided that the Board would draft a letter to be included in homeowner packets
and/or mailed directly to homebuyers.
The Director of Growth Management was requested to report back to Council on the
average open space that is left on newer residential lots.
Shirley Kilkelly addressed City Council on certain of their discussion items. She was
concerned that homebuyers do not see homeowner packets before houses are built. The
City Manager described the procedure used by the Building Department and developer prior
to land clearing.
TAPE 1 SIDE 11 (7:05 p.m.)
Mayor Barnes reiterated that homeowner packets will be mailed directly to the buyer.
Mayor Barnes read Mr. Hill's memo dated June 26, 2002 into the record (see attached) and
then suggested each Councilmember review the proposed language (see attached).
During this review the following changes were made:
Page 3, Paragraphs A, B, and C. City Council did not agree with people having to plant
trees in public places if they could not fit them on their yard or cut down specimen trees due
to need. The last sentence of A and B were deleted, B will be reworked and C was left as
recommended. Also the next line regarding no certificate of occupancy was deleted.
Page 4 Mr. Barczyk noted a Dix should read seven. Mr. Coniglio suggested explanations
be given for recommending or discouraging certain trees and plants and information be
given as to their proper placement on a lot in the information letter.
Suggested paragraphs 4 and 5 were deleted in lieu of a required resolution. In paragraph
3 may was changed to shall.
Page 6 paragraph B consensus to leave language in and delete "which" and change
"provides" to "provide"
2
City Council Workshop
July 17, 2002
Page Three
Page 7 paragraphs 8 and 9 consensus to leave out recommended deletion
Page 9 paragraph 8 consensus to take out as recommended
Page 10 paragraph 10 consensus to delete recommended paragraph due to the fact the
code already requires a permit
paragraphs 11 and 12 consensus to take out as recommended
Page 19 paragraph 3 it was suggested an example be given
A discussion then took place on page 20 Section 54 -3 -14.17 relative to the Tree Board.
TAPE II SIDE I (8:07 p.m.)
Walter Barnes
The City Attorney recommended that this section should be removed from the Land
Development Code and placed in Chapter Two of the Code of Ordinances with other
boards.
Changes were made as follows:
Paragraph A approved as recommended with the deletion of within city limits. on city
property in both instances.
Paragraph B stayed the same
Paragraph C stayed the same
Paragraph D Changed to "Meetings shall be held once each month at such places and
times as determined by the Tree and Landscape Advisory Board and shall be open to the
public."
Paragraphs E, F, and G were deleted.
Paragraph H became paragraph E.
5. Being no further business, Mayor Barnes adjourned the workshop at 8:33 p.m.
Approved at the August 14th 2002 Regular City Council Meeting.
G.1 c br.U, Q a.vr -Lo
3
Memo
To: Mayor Barnes and Council Members
From: James A.
Date: 06/26/02
Re: Tree and Landscape Advisory Board Recommendation
I first thank the Tree and Landscape Advisory Board for the hard work they have done for the city. I
am concerned, however, with some of their recommended changes to the land development code.
Many of these changes are very significant, and may infringe on the privet property rights of the citizens
of Sebastian. Unfortunately, I am unable to attend tonight's meeting to describe my ems, so I will
attempt to list some of them in this form.
I am very concerned relative to several proposed changes to sections 54-3- 14.3, 54-3 -14.7, and 54-3-
14.10. Some of the proposed requirements are very harsh and could be cost prohibitive. 1 fined it
difficult to require citizens plant trees on public property because their property can not handle any
more trees. I also have several questions relating to definitions and plant types in these sections.
The section I am most concemed about would be 54-3-14.17. I am opposed to all of the changes in
this section. The proposed changes would in essence create a new board. The Tree and Landscape
Advisory Board is in place to give advise to council regarding the trees and landscaping of City
property, not on privet property. We have the land development code in place to set the policies and
requirements for Landscaping city wide, and a staff in place to ensure the codes are followed.
Again, I apologize for not being able to attend the meeting tonight, and look forward to discussing these
proposed changes in more detail at the next meeting if necessary. As it is right now, I would
recommend council not acting on tonight's agenda item, and if council feels necessary schedule a
workshop to discuss.
Please consider these comments in you discussions.
Page 1
RECEIVED
CITY OF SEBASTIAN
OFFICE OF CITY CLERK
2002 JUN 26 Pfd 1 51
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.
Article XIV. Tree Protection and Landscaping
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 543 -143 SPECIMEN TREES.
The removal of a protected or specimen tree requires a removal permit from the Building Director. A
protected tree is any existing tree with a 4" or greater diameter at 4.5' above existing grade (hereinafter
known as Diameter at Breast Height, DBH). A specimen tree is an existing tree with a 10" or greater DBH.
Prior to the issuance of a removal permit, the applicant shall identify the species and number of the treed to
be removed, consider alternative site plans to determine if the specimen trees can be saved wig
Land Development Code
7/9/2002 10:49 AM
ilia I ilia
Page XIV-1
City of Sebastian
Chapter III: Performance Criteria
removal of protected trees shall be used:
Article XIV: Tree Protection and Landscaping
The following criteria for
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.
I. 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.
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 protected and/or specimen trees).
Land Development Code Page XIV -2
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City of Sebastian
Chapter III: Perfonnance Criteria
within the legal front. side, or rear setbacks shall be replaced by property owners as follows:
A. Protected Trees: Two 15- gallon or larger. Florida #1 Grade or better for each tree removed, of the
same type removed, on the same property, up to the limits of good forestry practice, F+xeess tr ees
r■ 1
Specimen Trees: On a diameter inch for inch basis, 15- gallon or larger Florida #1 Grade or better
of the same type removed, of the same number of tree (s) removed. Example: If a 21" DBH tree is
approved for removal and the typical; 15- gallon replacement has a 1.5" DBH, fourteen 15- gallon
trees (14 trees x 1.5" 21 must be replanted. If good forestry practice limits the property to ten
trees, four trees shall be planted on Public Property of mutual consent between the City of
Sebastian and the Property Owner.
C. Sabal Palms (Sabal palmetto. cabbage palms): Sabal palms having a clear trunk of 6' or greater
(measured from existing grade to bottom of lowest fronds) shall be replaced one for one, by Sabal
palms having at least 6' clear trunk.
Land Development Code
7/9/2002 10:49 AM
SECTION 54 -3 -14.4 MANGROVES.
SECTION 54 -3.145 PROHIBITED AND UNDESIRABLE EXOTIC VEGETATION.
1. 11 1.1.
ny entia r co rcia
1. Ear Tree (Enterolobium cCyclocarpum);
2. Chinaberry (Melia aAzedarch);
3. Australian Pine* (Casuarina sSpp);
4. Punk Tree or Cajeput Tree* Maleleuca aAuinquernervia or Maleleuca Ibeuadendron);
5. Brazilian Pepper* (Schinus tTerebinthifolius)s-
6. Carrotwood* (Cupaniotosis anacardioides.
Page X1V -3
Article XIV: Tree Protection and Landscaping
The tree(s) approved for removal that are
uhtil or unless, the
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.
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 velopment Code. Prohibited and undesirable
exotic vegetation may be removed without a permit a receivin_ verification from the Building Director.
Under no circumstances shall any of the followin tree species be deliberately introduced
into the city and planted on public or private propert 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.
City of Sebastian
Chapter III: Performance Criteria
7. Chinese Tallow Tree* (Sapium sebiferum)
State Prohibited
SECTION 54-3-14.6 RESIDENTIAL LANDSCAPING REQUIREMENTS.
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.) Minimum Numbgr of Trees
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
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
established by the State of Florida, Department of Agriculture and Consumer Affairs.
3. The City Council approve by resolution a list of trees that may be used to meet this
requirement.
The City will encourage the planting of the following desirab
a variety of soil conditions, enhancement of aesthetic v
Bald Cypress (Taxodium distichum
b ive Oak (Quercus myrtifolia)
c. La 1 Oak ((Nercus laurifolia)
d. Red e Acer rubrum
e. Slash Pine inus elliottii)
f. Southern Mag is nolia grandiflora)
g. Southern Red Ce Juniperus silicicola)
es due to their tolerance to
and natural canopy and shade.
Article XIV: Tree Protection and Landscaping
5. The City wil 1 iscourage planting of the following undesirable trees due to the
intoleranc> •f the climate extre -s, the tendency to spread unrestrained, and the minimal
cano nd shade cover.
Queen Palm (Syagrus romanzoffia
b. Royal Palm (Roystonea spp)
c. Royal Poinciana (Delonix regia)
d. Umbrella (Schefflera) tree (Schefflera actino Ila
Land Development Code Page XIV -4
7/9/2002 10:49 AM
City of Sebastian
Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping
e. Oleander rium oleander)
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 (11/2) 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 (Queen palms are undesirable for this requirement), 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.
ate Credit
2" 4" dbh 1 tree
Over 4" 10" dbh 2 trees
Over 10" 20" dbh 3 trees
Over 20" dbh 5 trees
2. Sabal przalm 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, 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 Building
Land Development Code Page XIV -5
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City of Sebastian
Chapter ITl: Performance Criteria Article XIV: Tree Protection and Landscaping
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 .~b3-14.8 RESIDENTiAL TREE REMOVAL, GRUBBiNG, AND LAND CLEARING
PERMITS.
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 requir~ to obtain the
necessary permits from the State of Florida.
A grubbing permit does not authorize g~e~aova~the removal of any protected, specimen, or I
historic trees, or mangroves.
Tree Removal and Land Cleating 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 applicationm 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_.
The plot/site plan that is submituxt with an application for a protected m removal, grubbing or
land clearing permit shall include as a minimum the following information:
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 tre~s.
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 ms, specimen ms, 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.
The folloWing criteria for removal of protected trees shall be used:
Necessity to remove ms which present a hazard or other unsafe condition to people,
vehicular traffic or threaten to cause disruption to public services or public easements.
Land Development Code Page XIV-6
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City of Sebastian
I
Chapter Hh Performance Criteria Article XIV: Tree Protection and Landscaping
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 ~ removal is likely to result in damage to tho 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. Oood 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.
Upon making a f'mding 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, tr~
removal or land clearing.
SECTION ,~,-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 su-eets, 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 (3~)lineal feet or fraction thereof of the perimeter of the property not adjacent to public streets.
C. Tree requirements for off-street parking areas. There shall be one (1) tree for every five (~)
parking spaces or fraction thereof.
Land Development Code Page XIV-7
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City of Sebastian
Chapter IH: Performance Criteria Article XIV: Troe Protection and Landscaping
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
Location of tree phmtings. 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.
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.
2" - 4" dbh 1 tree
Over 4" - 10" dbh 2 trees
Over 10" - 20" dbh 3 trees
Over 20" dbh $ trees
2. Palm trees may be utilized on a one-for-one credit basis (Queen palms am undesirable for this
reouirement).
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 .~3-14.10. COMMERCIAL TREE REMOVAL, GRUBBING, AND LAND
CLEARiNG PERMITS
Ail multi-family, comn~rcial, iustimtional and industrial zoned lots are required to obtain a permit for tree
removal, grubbing or land clearing.
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 races, 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 trees.
Land Development Code Page XIV-8
City of Sebastian
I
Chapter 1TI: Performance Criteria Article XI¥: Tree Protection and Landscaping
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 confh-m 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, specimen, historic or mangrove trees shall be
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.
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 docurmntafion from
an arborist who has been certified by the International Society of Arboriculture.
That the tree or tree roots are causing, or threaten to cause, damage to any main structure
on the owner's property.
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.
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.
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.
10.9. Necessity to remove trees in order to construct proposed improvements to allow economic
use of the property, including:
Land Development Code Page XIV-9
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City of Sebastian
I
Chapter III: P~n'formanc~ Criteria Article XIV: Tr~ Proration and Landscaping
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 change~ ~. /-x /N IA
· All Dr/~cted and 8~ecirnen treo~ t~t are within~e~legal front. ~deXand rear s~ba~ks shall /[ \
Nx r~u~h~e a oer~nit~to be re~ovcdX~and shall ]~e rel~ced with/two s~milar tr es VnXoublic/[ \
~1~ o~ uiUai~n~seJ~'t betwee~the, he,~CiCil/~ of S~bas~n~.~al~ the Pro~Xl~a/.~wner. ~ I \
lO
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 COMMERCIAL LANDSCAPING REQUIREMENTS,
A~
General Requirements for Landscaped Areas. Landscaped areas shall include a combination of
the following types of materials: uees, 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.
3.
4.
5.
6.
7.
The use of planting to create shadow and patterns against walls.
Trees to create canopy and shade, especially in parking areas.
The use of flowering trees in informal groups to provide color.
Informal massing of colorful plantings.
Use of distinctive plants as focal points.
Berm. s, plantings, and low walls to screen parking areas from view of public right-of-way
while allowing filter views of larger buildings beyond.
The use of trees and plantings to reduce the apparent mass of a building.
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City of Sobastian
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Chapt~' III: P~formance Critl~ia Article XIV: Tr~ Protection and Landscaping
Bo
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
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.
Perimeter landscape strip. A landscape strip shall be provided on the entire perimeter of all
multi-family, comn~rcial, 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 comr~rcial
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 sweet rights-of-way shall
be a minimum of three (3) feet in height. In addition, there shall be a minimum of,ne (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 exce.~l ten (10) feet in
width.
Interior landscape FequiFements.
Off-str~t 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 square feet in size.
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 wa!kways, 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.
Parking Lot Landscaping Requirements:
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City of Sebastian
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Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping
Landscaping shall be provided around the perimeter of off-street parking areas, loading areas, or
other vehicular use areas pursuant to the following standards:
A landscape strip at least 10 feet in width shall be loca~zt 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.
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 imn~iately upon planting.
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 locat~Xl as to
prevent their damage and/or destruction by overhanging vehicles.
Spe~eiflcationa 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 (1½) 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.
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
inunediately after planting. Shrubs planted for required hedges shall meet the minimum
height requirements as established in 54-3-14.11(B) imrnextiately 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 iinrr~:liate visual barrier.
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City of Sebastian
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Chapter III: Performance Criteria Article 3ltV: Tr~e Protection and Landscaping
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.
Vines. Vines shall be a minimum of thirty (30) inches in height inunediately after planting
and may be used in conjunction with fences, screens and walls to meet physical barrier
requirements.
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.
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.
Existing Native Vegetation. The site plan shall include a description of the existing, natural
vegetation. The natural vegetation should he incorporated into the landscape plan. Where such
natural vegetation is to be used, protective barriers shall he installed prior to land cleating.
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.
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.
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.
ff 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
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City of Sebastian
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Chapter llI: Performance Criteria Article XIV: Tree Protection and Landscaping
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 COMlVIERCIAL LANDSCAPE PLAN REQUIREMENTS.
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:
Name, address and phone number of the owner and landscape architect or other person
with similar qualifications in the field of landscape design.
North arrow, scale and date; minimum scale of one inch equals fifty (50) feet.
Property lines, easements and rights-of-way with internal and property line dimensions.
Location of existing or proposed underground and overhead utility service.
Location and size of any existing or proposed structures.
Location and size of any existing or proposed site features, such as earthen mounds,
swales, fences, walls and water areas.
Location and size of any existing or proposed vehicular use areas,
Location and size of any existing or proposed sidewalks, curbs and wheel stops.
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
requLred 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 ail 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.
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.
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Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping
17.
ff 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.
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 COMMERCIAL IRRIGATION STANDARDS.
All multi-family, commercial, industrial, and institutional sites shall provide a permanent irrigation system
for all landscape areas.
Ail 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.
Irrigation systems shall use drip, trickle, Iow flOw sprinkler heads or any other recognized method
of low volume, high efficiency irrigation and shall he 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.
F.
Special attention shall be given to avoid erosion due to runoff on slopes.
Rain sensing override devices shall be required on all automatic irrigation systems.
sensing devices are encouraged.
Soil moisture
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.
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.
Ae
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 Depmunent for the appropriate permit.
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City of Sebastian
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Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping
All prohibited or undesirable exotic trees must be removed by the developer at the time of clearing.
The depananent 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 two ~ trees 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
1-10 of the Code of Ordinances.
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 he erected at a minimum
distance from the base of the trees to be preserved, historic trees and specimen trees according to
the following standards:
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.
For trees greater than ten (10) inches DBH. Protective barricades shall be placed at a
minimum distance often (10) feet from the base of each tree to be protected.
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 (I) 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:
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.
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.
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City of Sebastian
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Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping
All roots outside the protective barricade to be removed during construction shall be
severed clean,
All pruning of historic and specimen trees shall be done by a qualified tree service during
construction.
R~striction of attachments to historic or specimen trees. It shall be unlawful to attach anything
to a protected, historic, or specimen tree othex than supportive wires, braces or other similar
noninjurious materials.
De
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.
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.
SECTION .q4-3-14.15 EXEMPTIONS TO TREE PROTECTION STANDARDS.
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.
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.
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.
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City of Sebastian
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Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping
Ce
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.
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.
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.
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 he 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 he 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.
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 plan~.A 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 obaervation of existing vegetation.
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.
General standards for ~creening 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:
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City of Sebastian
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Chapter RI: Pefformanc~ Criteria Article XIV: Tree Prote~ction and Landscaping
e
Landscaped Buffer Strip Required. A landscaped buffer s~p 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.
Tree Plantings Required As Intermittent Obstructions. All screen types ("A", "B", or
"C") shall include one (1) aec 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 ur. es are in addition to the trees required under thc commercial tree requirements
above. All trees required by this provision shall be planted in the buffer strip. Trees shall
be planted to maximize screening effect.
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 fiat top for plantings.-,_. If berms are used in satisfying the screening and buffering I
requirements, they shall be landscaped :;'!:~ pla~:with plant material, preferably native, to
I
achieve the required heights.
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-
14.11.E(6). of this ordinance. No plant species prohibited pursuant to section 54-14.5 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.
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.
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.
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.
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