HomeMy WebLinkAboutO-05-18
ORDINANCE NO. 0-05-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE ARTICLE XIV TREE PROTECTION AND LANDSCAPING;
TRANSFERING TREE BOARD PROVISIONS TO CHAPTER TWO; AMENDING
LAND DEVELOPMENT CODE ARTICLE XXII LANGUAGE AND DEFINITIONS;
PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City has established protective regulations for trees in order to make the
city a healthier, safer and more beautiful place in which to live; and
WHEREAS, the intent of the regulation are to:
(a) Preserve the low density and open space characteristics of the city,
(b) 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,
(c) Protect and expand the existing tree canopy cover in the city,
(d) Encourage the development of tree lined streets,
( e) 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
WHEREAS, modifications to these regulations are desirable;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1.
That section 54-3-14.1 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.1 Applicability.
(A) The minimum standards for landscaping set forth in this article shall be applicable
to all new construction, as well as development activity otherwise requiring updated code
compliance.
(B) It shall be unlawful for any person, directly or indirectly, to cut down, destroy,
remove, relocate or effectively destroy through damaging any protected, specimen or
historic tree situated on any real property or clear any lot or acreage located within the city
without first obtaining a permit as provided within these provisions.
Section 2. That section 54-3-14.2 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.2. Historic trees.
The removal of a "historic tree", as designated by resolution of the city council, requires
a removal permit approved by the city council; however, historic tree(s) determined to be a
hazardous tree(s) by the City Manager or his designee which requires immediate action
may be removed. All reasonable measures and alternatives shall be explored to avoid the
removal of a historic tree.
Section 3.
That section 54-3-14.3 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.3 Mangroves.
Mangroves shall not be removed except as provided by this section. Mangroves may be
pruned provided that the pruning does not result in the death or decline of the mangrove
and is in compliance with state law. A permit may be issued for the removal of a mangrove
only to provide access to a dock or pier when there are no practical or permitable
alternatives.
Section 4. That section 54-3-14.4 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.4 Undesirable exotic vegetation.
All undesirable exotic vegetation must be removed by the developer or property owner at
the time of clearing, construction or redevelopment. Undesirable exotic vegetation shall
not be used in any way to meet the tree or landscape requirements of the land development
code. Undesirable exotic vegetation may be removed without a permit after receiving
verification from the City Manager or his designee.
Under no circumstances shall any of the following five tree species be deliberately
introduced into the city and planted on public or private property. Any such action shall be
deemed a violation of this article and shall also be deemed a public nuisance.
1. Ear tree (Enterolobium Cyclocarpum);
2. Chinaberry (Melia Azedarch);
3. Australian Pine (Casuarina Spp);
4. Punk Tree or Cajeput Tree (Melaleuca Quinquernervia or Melaleuca
Leuadendron);
5. Brazilian Pepper (Schinus Terebinthifolius).
Section 5. That section 54-3-14.5 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.5. Suitable trees.
The following trees shall. be utilized in fulfilling the requirements of this Article for
planting or replacing trees:
1. Bald Cypress (Taxodium distichum)
2. Live Oak - (Quercus mytifolia) - not desirable to plant near septic tanks
3. Laurel Oak (Quercus laurifolia) - not desirable to plant near septic tanks
4. Red Maple (Acer rubrum)
5. Slash Pine (Pinuls elliottii)
6. Southern Magnolia (Magnolia grandiflora)
7. Southern Red Cedar (Juniperus silicicola)
Section 6. That section 54-3-14.6 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.6 Tree protection standards.
(A) Application before certain activities; provIsIOn of homeowner's packet;
replacement of certain trees. Prior to grubbing, land clearing or removing any protected
trees within the city limits of Sebastian, a person shall make application to the City for the
appropriate permit.
The department shall provide to each permit applicant a "homeowner's packet" that
includes, at a minimum, information and techniques relating to the protection of trees
during land preparation for construction or construction activities. The owner of the lot
must sign the application which acknowledges receipt of a "homeowner's packet"
regarding tree protection.
All protected and historic trees destroyed or removed without a permit shall be replaced
by a tree with a minimum height of 12 feet. The cost of replacing unlawfully removed trees
shall be incurred by the party responsible for the removal or destruction.
(B) Tree protection barricades. Prior to development or construction activity, the
developer shall erect suitable brightly colored tree protection barricades, a minimum four
feet tall, around all trees to be preserved and shall remain in place until the construction
activities are completed. The area within the tree protection barricade shall remain free of
all building materials, dirt or other construction debris, vehicles and development
activities. Barricades shall be erected at a minimum distance from the base of the trees to
be preserved according to the following standards:
(1) For trees ten inches or less DBH. Tree protection barricades shall be placed a
minimum distance of five feet from the base of each tree to be protected.
(2) For historic trees and trees greater than ten inches DBH. Protective barricades
shall be placed at a minimum distance of ten feet from the base of each tree to be protected
plus an additional one foot for each additional inch DBH greater than ten inches.
Changes to grade or construction of impervious surface or utilities within the required
protective barricade shall be permitted subject to the following guidelines:
1. Changes in grade or construction within the protected zone must be approved by
the City Manager or his designee prior to beginning construction. Plans must be submitted
which illustrate in detail protective measures necessary to protect the trees.
2. Impervious surfaces shall maintain minimum clearance from the bases of all trees
to be protected. Trees fifteen inches DBH or less shall have a minimum clearance of six
feet. Trees over 15 inches DBH up to 20 inches DBH shall have a minimum clearance of
nine feet. Historic and trees over 20 inches DBH shall have a minimum clearance of 12
feet.
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 trees. It shall be unlawful to attach anything to a
protected, historic, or specimen tree other than supportive wires, braces or other similar
noninjurious materials.
(D) Removal of material or ground prohibited. It shall be unlawful to remove any
material or ground within a ten-foot radius of any historic or specimen tree without a
clearing permit.
(E) Restriction as to harmful materials. The developer or property owner shall not
cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete,
mortar or any other material harmful to the life of a protected, specimen or historic tree
within the dripline of such tree or groups of trees.
Section 7. That section 54-3-14.7 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.7. Tree removal, grubbing, and land clearing permits.
(A) Grubbing. The application for a grubbing permit shall be filed with the City on
forms furnished by the City Manager or his designee. The application shall include a copy
of the recorded deed indicating the current owner. The City shall then inspect the site for
protected trees, historic trees, specimen trees, or mangroves
A grubbing permit does not authorize the removal of any protected, specimen, or historic
trees, or mangroves.
(B) Tree removal and land clearing permit. All lands within the City are required to
obtain a permit for protected tree removal, grubbing or land clearing. The application for
such a permit shall be filed with the building department on forms furnished by the City
Manager or his designee. Any applicant for a protected tree removal, grubbing or land
clearing permit must submit a plot/site plan showing the location of all protected, specimen
and historic trees and which provides the city with reasonable assurances of compliance
with the minimum tree requirements and the protection of historic or protected trees or
mangroves.
The plot/site plan that is submitted with an application for a protected tree removal,
grubbing or land clearing permit shall include as a miniinum the following information:
I (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.
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.
Necessity to remove trees which present a hazard to structures or other
improvements.
Necessity to remove diseased or fallen trees or trees weakened by age, storm, or
fire.
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.
(2)
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(3)
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II (4)
Proposed landscaping improvement including plans whereby the applicant has
planted or will plant trees to replace those that are proposed to be cleared.
Good forestry practices; i.e., the number of healthy trees that a given parcel of
land will support.
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 often feet).
b. Need for access to the building site for construction equipment.
c. Essential grade changes.
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
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;
(10) That the conditions of the tree with respect to disease, danger of falling or
interference with utility services is such that the public health, safety or welfare
require its removal. When there is a question of tree hazard, the building director
may require documentation or certification from an arborist who has been
certified by the International Society of Arboriculture.
Upon making a finding that a reasonable balance of the factors above indicates that the
public interest is best served by allowing removal, the City Manager or his designee shall
issue a land clearing permit for the removal of a protected tree. The tree(s) approved for
removal shall be replaced as follows:
1. Protected Trees: On a one-for-one basis, by a tree equal to Florida grade number
1 or greater, having a minimum height of eight (8) feet and a minimum diameter of
one and one half (1 1/2) inches or a circumference of 4.7 inches DBH, as defined
by nursery standards established by the State of Florida, Department of
Agriculture and Consumer Affairs, up to the number of trees required to meet the
minimum tree requirements for new construction.
2. Specimen Trees: On a one-for-one basis, by a tree equal to Florida grade number 1
or greater, having a minimum height of twelve (12) feet and a minimum diameter
of two and one half (2 1/2) inches or a circumference of 7.8 inches DBH, as
defined by nursery standards established by the State of Florida, Department of
Agriculture and Consumer Affairs, up to the number of trees required to meet the
minimum tree requirements for new construction.
3. Sabal Palms: (Sabal palmetto, cabbage palms): Sabal palms having a clear trunk
6' or greater (measured from existing grade to bottom of lowest fronds) shall be
replaced on a one-for-one basis by Sabal palms having at least 6' clear trunk, up to
the number of trees required to meet the minimum tree requirements for new
construction.
Applicant shall post a copy of the permit at the site prior to commencement of grubbing,
tree removal or land clearing. Permitted activities may only be undertaken between the
(5)
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(6)
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(7)
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(8)
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(9)
hours of 8 a.m. and 5 p.m., Monday through Friday, and not during holidays in which City
Hall is closed. In the event of questionable activities during other times, enforcement
personnel shall order the activities to cease and desist until the matter can be resolved
during regular business hours.
(C) If any inspection of the site indicates the presence of gopher tortoises, the
applicant shall be required to obtain the necessary permits from the State of Florida prior to
issuance of a permit hereunder.
Section 8. That section 54-3-14.8 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.8. Residential landscaping requirements.
All areas of residential lots not covered by a building or impervious surface shall be
grassed, sodded, seeded or fully covered with landscape rocks, except for landscaped areas
including protected existing natural vegetation. Landscaped areas shall be mulched, rocked
or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds,
wetlands, or waterways are exempt from this requirement. Further, a yard may be
exempted if the owner submits a landscape plan utilizing accepted principles of
xenscapmg.
Section 9. That section 54-3-14.9 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.9. Residential tree requirements.
(A) Required trees.
(1) All residential lots shall have the following minimum number of trees:
Lot Size (Sq. Ft.) Minimum Number of Trees
10,000 or less Five trees
10,000 to 15,999 Seven trees
16,000 to 19,999 Twelve trees
20,000 to 29,999 Fifteen trees
30,000 to 39,999 Eighteen trees
40,000 or more Twenty trees
(2) Required trees shall be equal to Florida grade number 1, or greater, as defined by
nursery standards established by the State of Florida, Department of Agriculture and
Consumer Affairs.
(3) Tree credits. All existing trees that meet the following criteria may be applied
towards meeting the minimum number of trees as required in subsection (a)(1) above.
(a) Existing trees.
Size
(DBH in inches);
Credit
2--4
1 tree
Over 4--10
2 trees
Over 10--20
3 trees
Over 20 5 trees
(b) Sabal Palm trees may be utilized on a one- for-one credit basis.
(c) To encourage tree-lined streets, new trees, other than palms, planted in the front
yard setback shall receive credits as outlined above. No more than two trees may be used
for this requirement.
(d) Limitations. Citrus trees may be used, provided that none is less than four feet
in height and the number shall not exceed three or comprise more than 25%, whichever is
greater, of the required minimum number of trees on the lot. If palms are used, they shall
constitute no more than 35% of the total tree requirement and shall have a minimum of six
feet of clear wood.
(B) Certificate of occupancy. The required number of trees shall be planted prior to the
issuance of a certificate of occupancy for new residences. Each lot owner where a
residential unit is located must maintain on the lot a sufficient number of trees to comply
with the requirements in this section. Any tree which dies must be replaced within thirty
days.
(C) Maintenance requirements. Landscape areas shall be permanently maintained
including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and
replacement of plant materials and irrigation equipment as needed to preserve the health
and appearance of plant materials.
Maintenance of landscaping shall be the responsibility of the owner, tenant or agent,
jointly and severally. Said landscaping shall be maintained in a good condition so as to
present a healthy, neat and orderly appearance. All landscaped areas shall be kept free of
weeds, refuse and debris.
If at any time after issuance of a certificate of occupancy or other form of approval, the
landscaping of a development to which this article is applicable is found to be in
nonconformance, the City Manager or his designee shall issue notice to the owner that
action is required to comply with this section and shall describe what action is required to
.... . ,.
comply. The owner, tenant or agent shall have 30 days to
required.
Section 10. That section 54-3-14.10 of the Code of 0
Florida, is hereby amended to read as follows:
Sec. 54-3-14.10 Commercial tree requirements.
All multifamily, commercial, industrial and institutional site
requirements.
(A) Trees along public streets. One tree for each 25 lin
along all public streets, with a minimum of two trees on anyone
(B) Tree requirement along perimeter not adjacent to the
each 35 lineal feet or fraction thereof of the perimeter of the pro
streets.
(C) Tree requirements for off-street parking areas. There
five parking spaces or fraction thereof.
(D) Tree specifications for open space. Open space shall
space in this code, as identified in the approved site plan. Such
include water areas. This requirement may be modified or w
zoning commission for open areas that are inappropriate for the .
shall be one tree per 2,000 square feet, or portion thereof, of op
(E) Location of tree plantings. Trees, as required above, s
or situated in strategic locations consistent with good princ
installation with consideration for utilities, stormwater mana
damage to sidewalks and vehicular areas.
(F) Credit for existing trees. Credit shall be granted for exc
are preserved on a site and which meet the tree requirements of
of this article. All existing trees that meet the following crit
meeting the minimum number of trees as required in this section
(1) Existing trees:
Size Cr
(DBH in inches)
2--4 Itr
Over 4--10 2tr
Over 10--20 3tr
Over 20 5tr
I (2) Palm trees may be utilized on a one-for-one credit basi
restore the landscaping as
rdinances, City of Sebastian,
s shall meet the following
eal feet or fraction thereof
street frontage.
right-of-way. One tree for
perty not adjacent to public
shall be one tree for every
include all required open
open space areas shall not
aived by the planning and
mtroduction of trees. There
en space.
hould be spaced in clusters
iples of design and plant
gement, and potential root
eptional quality trees which
any landscaping provision
ena may be applied towards
edit
ee
ees
ees
ees
s.
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 11. That section 54-3-14.11 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.11. Commerciallandscaping requirements.
(A) General requirements for landscaped areas. Landscaped areas shall include a
combination of the following types of materials: trees, shrubs, annuals and/or perennial
plants, vines, and/or ground cover. No more than 50% grass shall be used in the landscape
area. The use of existing native vegetation including ground cover, shrubs, and trees, is
strongly encouraged. These standards shall also be used in conjunction with the installation
of the required interior landscape off-street parking requirements established herein.
The following are common planting design concepts that should be implemented
whenever possible:
(1) Trees used in informal groupings and rows at major focal points.
(2) Extensive use of flowering vines both on walls and arbors.
(3) The use of planting to create shadow and patterns against walls.
(4) Trees to create canopy and shade, especially in parking areas.
(5) The use of flowering trees in informal groups to provide color.
(6) Informal massing of colorful plantings.
(7) Use of distinctive plants as focal points.
(8) Berms, plantings, and low walls to screen parking areas from view of public right-
I of-way while allowing filter views oflarger buildings beyond.
(9) The use of trees and plantings to reduce the apparent mass of a building.
Inanimate materials commonly used in landscaping such as, but not limited to organic
mulches, rocks, pebbles, walls and fences, but excluding paved surfaces, may also be
utilized in landscaped areas. Pervious, decorative paving materials and brick pavers may be
used in the form of walkways or driveways through landscaped areas; however, off-street
parking area paved with such materials shall not be considered landscaped areas. All
landscape areas shall be covered by a minimum of 75% living plant material prior to
issuance of the certificate of occupancy.
If an existing landscape strip is provided on the adjacent lot, the required landscape strip
may be reduced to five feet in width upon the recommendation of the planning and growth
management director and approval of the planning and zoning commission.
(B) Perimeter landscape strip. A landscape strip shall be provided on the entire
perimeter of all multifamily, commercial, industrial and institutional property, except
properties with zero-foot setbacks. The landscape strip shall be a minimum of ten feet in
width; however, property having a width or depth of 50 feet or less, the required landscape
strip may be reduced to five feet in width. Necessary accessways from public rights-of-way
or adjacent parcels through such landscape strip shall be permitted. Landscape strips
located in easements may be adjusted upon the recommendation of the planning and
growth management director and city engineer.
Any combination of hedges, landscaped berm or ground cover shall be planted or
installed along the entire length of each required landscape strip. In all multifamily
residential or commercial districts, the barrier, hedge, or landscape berm shall be a
minimum of four feet in height; except in commercial districts, where the barrier, hedge or
landscaped berm along street rights-of-way shall be a minimum of three feet in height. In
addition, there shall be a minimum of one shrub for each six lineal feet of the required
landscape strip. Said shrubs may be planted in groupings.
When the required perimeter landscape strip coincides with a required off-street parking
or parking lot landscaping strip, the perimeter landscaping requirements shall prevail,
except a continuous hedge shall be required. In no case shall a landscape strip be required
to exceed ten feet in width.
(C) Interior landscape requirements.
(1) Off-street parking areas. Off-street parking areas shall be landscaped with a
minimum of 15 square feet of landscape area for each parking space. Each landscape area
shall be a minimum of 50 square feet in size.
(2) Use of interior landscape strips. Interior parking landscaping shall, insofar as
possible, be used to delineate and guide major traffic movement within the parking area
and to prevent cross space driving wherever possible. Landscaping dividing strips, with or
without walkways, shall be used to subdivide parking areas into parking bays with not
more than 30 spaces, provided that no more than 15 spaces shall be in an uninterrupted
row. A portion of the required landscaping for interior parking spaces may be relocated so
as to emphasize entrance corridors or special landscaped areas within the general parking
area.
(D) Parking lot landscaping requirements: Landscaping shall be provided around the
perimeter of off-street parking areas, loading areas, or other vehicular use areas pursuant to
the following standards:
(1) A landscape strip at least ten feet in width shall be located between the abutting
property lines and parking, loading or other vehicular use area except where permitted
driveway openings are to be provided. Where drainage or other utility easement exist along
property lines, the landscape strip shall be located between the parking, loading or other
vehicular use area and the utility or drainage easement. Landscape strips located in
easements may be adjusted upon the recommendation of the planning and growth
management director and city engineer.
(2) A hedge shall be planted within the landscape area and shall be a minimum of
three feet in height and form a solid and unbroken visual screen immediately upon
planting.
(3) Parked vehicles may overhang a landscape strip no more than 24 inches, provided
curbing or other wheel stops are installed to insure no greater overhang of the landscape
strip. Landscaping, walls, fences, and earthberms shall be so located as to prevent their
damage and/or destruction by overhanging vehicles.
(E) Specifications for living plant materials:
(1) Trees: Immediately after planting, all trees shall be a minimum of eight feet in
height, have a minimum diameter of one and one-half inches or a circumference of four
and seven-tenths inches DBH, and shall have a minimum of five feet of clear trunk space if
necessary to preserve a safe sight distance for traffic safety. Trees shall be of a species
having an average mature crown of greater than 20 feet and having trunks that can be
maintained with over six feet clear wood. Trees or palms having an average mature crown
spread of less than 20 feet may be substituted by grouping the same so as to create the
equivalent of a 20- foot crown spread. Such a grouping shall count as one tree toward
meeting the tree requirement for any provisions herein.
Fifty percent of the trees shall be native and drought tolerant.
If palms are used, they shall constitute no more than 35% of the total tree requirements
for any provisions herein and shall have a minimum of six feet of clear wood.
No tree species shall account for more than 50% of the total number of trees.
(2) Shrubs and hedges. Shrubs and hedges shall be used to complement the tree
planting. Individually planted shrubs shall be a minimum of 24 inches in height
immediately after planting. Shrubs planted for required hedges shall meet the minimum
height requirements as established herein immediately after planting. Additionally,
whenever possible all shrubs and hedges shall be planted in 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 ground covers shall be planted no more than three
feet on center. Groundcovers shall be planted in such a manner as to present a finished
appearance and 100% coverage within one year after the issuance of the certificate of
occupancy.
(4) Vines. Vines shall be a minimum of 30 inches in height immediately after
planting and may be used in conjunction with fences, screens and walls to meet physical
barrier requirements.
(5) Lawn grass. Grass areas shall be planted in species normally grown as permanent
lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged,
sprigged or seeded except that solid sod shall be used in swales or other areas subject to
erosion. When grass seed is sowed it shall be a variety of seed that produces complete
coverage within 90 days from sowing.
(6) Quality. All plant materials shall conform to standards for "Florida No.1" or
better, as stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part II
(1975), State of Florida, Department of Agriculture and Consumer Affairs, as amended.
Grass sod shall be clean and reasonably free of noxious pests or diseases.
(7) Synthetic plants. Synthetic or artificial material in the form of trees, shrubs,
ground covers or vines shall not be used in lieu of plant requirements in this article.
(F) Existing native vegetation. The site plan shall include a description of the existing,
natural vegetation. The natural vegetation should be incorporated into the landscape plan.
Where such natural vegetation is to be used, protective barriers shall be installed prior to
land clearing.
(G) Protection of landscape strips. All landscape strips shall be protected from
vehicular encroachment by raised curbing. Where such strips abut parking stalls, raised
wheel stops shall be required to protect the landscape strips.
(H) Berms. Berms are encouraged for use in meeting the landscape barrier
requirements of this article. Ifberms are utilized, they shall be landscaped with living plant
material to achieve the required heights.
(I) Maintenance requirements. Landscape areas shall be permanently maintained
including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and
replacement of plant materials and irrigation equipment as needed to preserve the health
and appearance of plant materials.
Maintenance of landscaping shall be the responsibility of the owner, tenant or agent,
jointly and severally. Said landscaping shall be maintained in a good condition so as to
present a healthy, neat and orderly appearance. All landscaped areas must be equipped
with an irrigation system approved by the city engineer. All landscaped areas shall be kept
free of weeds, refuse and debris.
If at any time after issuance of a certificate of occupancy or other form of approval, the
landscaping of a development to which this article is applicable is found to be in
nonconformance, the building director shall issue notice to the owner that action is
required to comply with this section and shall describe what action is required to comply.
The owner, tenant or agent shall have 30 days to restore the landscaping as required.
Section 12. That section 54-3-14.12 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.12 Commercial landscape plan requirements.
(A) Landscape plan components. A landscape plan shall be submitted to and approved
by the growth management department as part of the site plan application. The landscape
plan shall contain the following:
(1) Name, address and phone number of the owner and landscape architect or other
person with similar qualifications in the field of landscape design.
(2) North arrow, scale and date; minimum scale of one inch equals 50 feet.
(3) Property lines, easements and rights-of-way with internal and property line
dimensions.
(4) Location of existing or proposed underground and overhead utility service.
(5) Location and size of any existing or proposed structures.
(6) Location and size of any existing or proposed site features, such as earthen
mounds, swales, fences, walls and water areas.
(7) Location and size of any existing or proposed vehicular use areas.
(8) Location and size of any existing or proposed sidewalks, curbs and wheel stops.
(9) A description of the irrigation system as required by section 54-3-14.13.
(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 oflandscaping for freestanding signs.
(16) Show all landscaping, buildings or other improvements on adjacent property
within five feet of the common property line.
(17) If the site has been filled, identify what soil improvements will be implemented
to ensure the viability of the landscaping.
The landscaping plan shall be drawn by a landscape architect or other person with
comparable qualification in the field of landscaping.
(B) Review and approval procedure. Landscape plans shall be reviewed and approved
at the time of site plan approval. A representative of the planning and growth management
department shall inspect all landscaping and the certificate of occupancy shall not be
issued until the landscaping is completed in accordance with the approved site plan and the
requirements of this section.
Section 13. That section 54-3-14.13 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.13 Commercial irrigation standards.
All multifamily, 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.
(B) Irrigation systems shall use drip, trickle, low flow sprinkler heads or any other
recognized method oflow 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) A maintenance plan shall be provided.
Section 14. That section 54-3-14.14 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 54-3-14.14. 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 90% opaque solid
screen not less than five feet in height to form a continuous screen along such abutting
property lines. In addition, one tree shall be provided for each 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. Anyone 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 th~ 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.
(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 feet, with large trees utilized as intermittent visual
obstructions from the opaque portion to a mature height of at least 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 geet 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-
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 feet, with large trees utilized as intermittent visual
obstructions from the opaque portion to a mature height of at least 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 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.
(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 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 Article require screening or buffering,
the following standards shall apply:
(1) Landscaped buffer strip required. A landscaped buffer strip not less than ten 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 tree for each 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 above. All trees required by this provision shall be planted in the buffer strip.
Trees shall be planted to maximize screening effect.
(3) Grading of berms. Whenever berms are utilized, they shall be constructed with a
grade not to exceed one foot vertical to three 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 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.
(5) Credit towards other required landscaping. Where the landscaping provided under
this section meets the requirements of other provisions of this Article, 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 30 days to restore the landscaping as required.
Section 15. That section 54-3-14.15 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 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 16. That section 54-3-14.17 of the Code of Ordinances, City of Sebastian,
Florida, is hereby renumbered as Sec. 2-240, transferred, and amended to read as follows:
Sec. 2-240 Tree and landscape advisory board.
(a) There is hereby created a tree and landscape advisory board, which shall provide
advice to the city council on care of trees and landscaping within the city limits. The focus
of the board shall be on preservation of historic, specimen and protected trees, and
proposed planting of trees or landscaping. In addition, the board will advise as to how the
City can best monitor, maintain and enhance the urban forest and its related resources. The
board will provide guidance on proposed amendments to tree protection and landscape
Article, and other matters as necessary or when requested by the city council.
(b) The tree and landscape advisory board shall consist of five regular members and two
alternate members. Meetings shall be held at such times and places as determined by the
city council and shall be open to the public.
,(c) Mission Statement: To preserve, protect, promote and increase the natural canopy
indigenous to the City of Sebastian.
Section 17. That the definition of "Specimen tree" as set forth in section 54-5-22.2 of
the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows:
Specimen tree. Any tree 10 inches diameter (or 31" in circumference) at breast height
(DBH) or more, and shall include all mangroves and exclude palm trees except for sabal
palms.
Section 18. That the definition of "Tree" as set forth in section 54-5-22.2 of the Code
of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows:
Tree. A woody plant having a well defined stem, a more or less well defined crown, and
which is capable of attaining a height of at least 12 feet and attaining a trunk diameter of
not less than four inches diameter (or 12.6" in circumference) at breast height (DBH).
Section 19. That section 54-5-22.2 of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to add a definition of "Protected tree" to read as follows:
Protected tree. Any tree 4 inches diameter (or 12.6" in circumference) at breast height
(DBH) or more, and shall include all mangroves and exclude palm trees except for sabal
palms.
Section 20. CONFLICT. All code provisions in conflict herewith are repealed.
Section 21. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be
affected and it shall be presumed that the City did not intend to enact such invalid provision. It
shall further be assumed that the City would have enacted the remainder of this Ordinance
without said invalid provision, thereby causing the same to remain in full force and effect.
Section 22. EFFECTIVE DATE. This Ordinance shall be effective upon passage.
The foregoing Ordinance was moved for adoption by Councilmember Coy
The motion was seconded by Councilmember Bur k e en and, upon being put to a
vote, the vote was as follows:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 16th day of October,
2005.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
,m
BY:~
Mayo an. llum
Approved as to form and legality for
reliance by the City of Sebastian only:
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