HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-014Temp. Ord. No. 2530
June 28, 2023
Page 1 of 61
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2023- 0/G
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 4, OF
THE LAND DEVELOPMENT CODE OF THE CITY OF TAMARAC,
FLORIDA, ENTITLED "DEVELOPMENT AND DESIGN
STANDARDS", BY MAKING CERTAIN DELETIONS AND
ADDITIONS, BY SPECIFICALLY AMENDING SECTION 10-4.4,
ENTITLED "LANDSCAPING AND TREE PRESERVATION", TO
ALLOW THE CITY OF TAMARAC TO ADOPT AND ENFORCE ITS
OWN TREE PRESERVATION REGULATIONS, BY PROVIDING
FOR COMPARABLY STRINGENT REQUIREMENTS AND
STANDARDS TO THE BROWARD COUNTY CODE OF
ORDINANCES, CHAPTER 27, ARTICLE XIV, ENTITLED "TREE
PRESERVATION AND ABUSE ORDINANCE", BY SPECIFICALLY
COMPLYING WITH SECTION 27-407, ENTITLED "MUNICIPAL
CERTIFICATION"; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Article VIII, Section (1)(f) of the Florida Constitution and Section
125.01, Florida Statutes, grants local municipalities broad home rule authority to adopt
ordinances to provide for the health, safety, and welfare of the general public, and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, at the February 13, 2023 Strategic Planning session, the City
Commission of the City of Tamarac directed the City's Community Development
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underlined type are additions.
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June 28, 2023
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Department Staff to reassess the process and develop the appropriate mechanism to
move the City in the direction of having more autonomy over its own tree preservation
enforcement program; and
WHEREAS, Chapter 27, Article XIV of the Broward County Code of Ordinances,
entitled "Tree Preservation and Abuse Ordinance" lays the groundwork for the protection,
preservation, and prevention of the abuse of trees in Broward County, and provides for
minimum stringency requirements for the municipalities of Broward County to apply for
and receive municipal certification to enforce their own landscaping and tree preservation
ordinances within their municipal boundaries, as specifically stipulated in Sec. 27- 407
entitled "Municipal Certification"; and
WHEREAS, it is desirous that the City has more autonomy over its own landscape
and tree preservation program as part of its beautification efforts which include
landscaping, trimming and relocation of trees, clean streets, and uniform standards City-
wide; and
WHEREAS, the proposed amendment is in alignment with the "Tamarac is Home"
Strategic Goal #1, and "Tamarac is Vibrant" Strategic Goal #4 by ensuring that the City's
landscaping is well maintained and its trees are protected, preserved and not subjected
to abuse, which ultimately enhances the City's beautification efforts; and
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underlined type are additions.
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June 28, 2023
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WHEREAS, the City's adopted Comprehensive Plan, Future Land Use Element,
Objective 1 requires the City to administer and adopt appropriate land development code
revisions, amending them as needed to respond to changing conditions; and
WHEREAS, the Director of Community Development recommends approval of
the ordinance amendment; and
WHEREAS, the City Commission of the City of Tamarac finds that amending
Chapter 10, Section 10-4.4 entitled, "Landscaping and Tree Preservation" of the Code to
allow the City to apply for and receive municipal certification from Broward County to
adopt and enforce the City's own landscaping and tree preservation ordinance within the
City's municipal boundaries to be in the best interest of the citizens, residents, and visitors
of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2. That Chapter 10, Section 10-4.4 entitled, "Landscaping and
Tree Preservation" of the Land Development Code of the City of Tamarac, Florida is
hereby amended as follows:
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underlined type are additions.
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June 28, 2023
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10-4.4 Landscaping and Tree Preservation
(A) Purpose -
This section contains the minimum standards for the development, installation, and
maintenance of landscaping and screening and the preservation of trees within the
City of Tamarac. The intent of this section is to protect apA, eRha^Ge, and preserve
the quality of the air, water, soil, wildlife habitats, and other natural resources, as
well the , as enhance property values, and aesthetic qualities in the
City, while promoting the general public health, safety, and welfare of its residents
and visitors. The City also recognizes that Improper tree care and removal have a
detrimental effect that causes or cumulatively worsens environmental deterioration,
air and water pollution, and blight. These standards ensure landscaping is an
integral part of every development that will:
(1) Conserve existing landscaping and natural vegetation while maintaining,
preserving, expanding and enhancing the existing tree canopy in the City, and
protecting the natural environment and beauty of the City by regulating the
unnecessary destruction, removal, or damaging of desirable trees and plant
life;
(2) Mitigate against erosion and sedimentation by stabilizing the soils through the
cultivation and protection of root systems that hold and consolidate soil and
other loose earthen materials as well as restore soils and land bared as a
result of construction or grading;
(3) Reduce stormwater runoff and associated impacts by intercepting, dispersing,
and absorbing rainfall, slowing down surface flow, filtering pollutants from
runoff, and conserving water supplies by allowing more rainfall to stay in the
water table, minimizing water used for landscaping maintenance;
(4) Encourage building and paved surface cooling through shading and the
channeling of breezes, thereby helping to offset global warming and lowering
ambient temperatures through transpiration;
(5) Contribute and encourage of air movement, air purification, and oxygen
regeneration by removing carbon dioxide and pollutant gases from the air and
producing oxygen that helps dilute air pollutant concentrations;
(6) Stimulate economic development by increasing the City's attractiveness and
quality of life for shoppers, visitors, residents, and employers through
incorporating human scale into the urban environment by breaking up the
visual impact of structures and parking lots while providing a sense of privacy
from neighbors and public rights -of -way;
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(7) Maintain the continued vitality of natural habitats for the propagation and
protection of wildlife, birds, game, fish, and other aquatic life;
(8) Buffer excessive or undesirable impacts from street traffic or adjacent land
uses and activities by absorbing and deflecting sounds, limiting glare created
by exterior lighting, and screening undesirable views; and
(9) Support the core components of crime prevention through environmental
design (CPTED) through natural surveillance, access control, and territoriality.
(B) Documents Incorporated by Reference
The following documents, as amended, are adopted as standards and are
incorporated by reference in this Section: The American National Standards
Institute ("ANSI") A-300 Standards for Tree Care Operations: Tree, Shrub and
Other Woody Plant Maintenance -Standard Practices, and Z133.1-2006,
Arboricultural Operations: Pruning Trimming, Repairing, Maintaining, and
Removing Trees and Cutting Brush - Safety Requirements; Florida Department of
Agriculture and Consumer Services Division of Plant Industry, Grades and
Standards for Nursery Plants; Nelda Matheny and Jim Clark, Trees and
Development: A Technical Guide to Preservation of Tree During Land
Development; Council of Tree and Landscape Appraisers, Guide for Plant
Appraisal, Tenth Edition, 2019; Richard Harris, Arboriculture Integrated
Management of Landscape Trees Shrubs and Vines, Fourth Edition; Gary W.
Watson and E.B. Himelick Principles and Practices of Planting Trees and Shrubs;
Florida Urban Forestry Council's poster, Selecting and Planting Trees for the South
Florida Urban Forest; and Florida Power and Light's brochure, Plant The Right Tree
In the Right Place South Florida version; Timothy K. Broschat & Alan W. Meerow,
Betrock's Reference Guide to Florida Landscape Plants, Third Printing, 1994;
Edward F. Gilman Trees for Urban and Suburban Landscapes, 1st Edition, 1997;
and Dr. George K. Rogers Landscape Plants For South Florida: A Manual For
Gardeners Landscapers & Homeowners 1st Edition, 2009; and Florida Invasive
Species Council's List of Invasive Plant Species.
(C) Definitions
When a word term or phrase is not defined herein, the definitions set forth in_§10-
4.4 of the Code and publications recognized as authoritative in the scientific and
engineering fields as applicable shall apply. Such publications shall include the
publications incorporated by reference in Section (C) of this section.
The following words phrases and terms when used in this section shall have the
indicated meanings:
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underlined type are additions.
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Breast height means a height of four and one-half (4'/2) feet above the natural
grade.
Canopy coverage means the areal extent of ground within the drip line of the tree.
Conservation easement means a right or interest in real property as defined in
704.06, F.S., as amended.
Department. City of Tamarac Community Development Department
Destruction of the natural habit of growth means pruning that causes irreparable
damage and permanent disfigurement to a tree such that, even with regrowth, the
tree will never regain the original characteristics of its tree species; or pruning which
amounts to tree abuse as defined herein that results in the death of the tree.
Diameter breast height (DBH) means the diameter of the trunk of a tree measured
at breast height. The DBH of trees with multiple trunks shall be the sum of the
individual trunk diameters at breast height. Trees with less than four and one-half
(4'/2) feet of clear trunk shall be measured as the diameter of the largest vertical
branch or leader at breast height.
Director means Director of Community Development.
Drip line means the peripheral limits of the horizontal crown of a tree spread
vertically to the ground; provided, however, that the same shall not be less than a
circle with a five-foot radius measured from the center of the tree.
Effectively destroy means to cause, suffer, allow or permit any act which will cause
a tree to die or go into a period of unnatural decline within a period of one (1) year
from the date of the act. Acts which may effectively destroy a tree include, but are
not limited to, damage inflicted upon the root system by heavy machinery,
excessive trimming, changing the natural grade above the root system or around
the trunk, damage inflicted on the tree permitting infection or pest infestation,
application of herbicides or other chemical agents or intentional fire damage to the
tree permitting infection or pest infestation, the infliction of a trunk wound that is 50
percent or greater of the circumference of the trunk, or the removal of sufficient
canopy to cause the unnatural decline of the tree.
Environmentally sensitive land means a land designation as defined in the Broward
County Land Use Plan.
Hatrack shall mean to sever the leader or leaders, or to prune a tree by stubbing of
mature wood.
Historical tree means a particular tree or group of trees which has historical value
because of its unique relationship to the history of the region, state, nation or world
as designated by the City Commission.
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underlined type are additions.
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Horizontal plane shall mean an imaginary line that begins at the base of the live
frond petioles.
Land clearing means the clearing of vegetation and soils for the purpose of land
development activities. This includes, but is not limited to, construction for buildings,
rights -of -way, utility easements, access or drainage ways, parking lots and other
structures, rock mining, the control of weeds or the initial clearing of vegetation to
enhance property value or agricultural activities that involve the removal of trees as
defined by this section.
Local area of particular concern means a land designation as defined in Section 5-
182(j) of the Broward County Land Development Code, as amended.
Mitigation means to compensate for impacts to tree(s).
Natural Forest Community means a vegetated area generally comprised of a
canopy, subcanopy and groundcover, and which meets the criteria for the
classification of an area as a Natural Forest Community under Chapter 27, Article
XIV, Section 411 of the Broward County Code of Ordinances.
Natural Resource Area means a land designation as defined in Article IX, Section
5-280 of the Broward County Land Development Code, as amended.
Owner -occupied means a dwelling in a habitable condition occupied by the owner
of record, as the owner's primary residence and holding a valid Certificate of
Occupancy.
Overlift means the removal of the majority of the inner lateral branches and foliage
thereby displacing weight and mass to the ends of the branches. The alteration of
the tree's live crown ratio may be considered as evidence of overlifting
Person means any natural person individual, owner, operator, public or private
corporation, firm, association, joint venture partnership, municipality, governmental
agency, political subdivision public or private utilities, public officer, responsible
party or any other entity whatsoever, or combination thereof, of whatever kind.
Preservation area means the portion of a Natural Forest Community which shall be
preserved in perpetuity, pursuant to a tree removal license.
Protective barrier means conspicuously colored fences or like structures
constructed of sturdy materials that are at least four (4) feet in height which prevent
or obstruct passage.
Power line or power lines means a cable carrying electrical power that is supported
by poles or pylons.
Prune or trim means to cut away, remove, cut off or cut back parts of a tree.
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underlined type are additions.
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Remedial action means a corrective action required to offset the impacts of Tree
Abuse, as defined herein.
Remedial pruning means the cutting and trimming of branches and foliage so as to
alleviate the danger of the tree damaging power lines, consulting with American
Natural Standards Institute ("ANSI") A300 (Part 1)-2001 Pruning Standards, as
amended, and ANSI Z133.1-2000 Pruning, Repairing, Maintaining, and Removing
Trees, and Cutting Brush —Safety Requirements, as amended.
Removal means to cut down, dig up, destroy, effectively destroy, or the unlicensed
relocation of any tree.
Resource Management Plan means a plan that will enhance a preservation area of
a Natural Forest Community to compensate for the development of a portion of the
Natural Forest Community.
Right Tree, Right Place Guidelines shall mean those guidelines for planting trees
near power lines, published within Florida Power & Light Company's "Right Tree,
Right Place" brochure. These guidelines require that trees be placed as follows:
(1) Trees, including palms, less than twenty (20) feet in height at maturity may not
be planted under power lines.
(2) Trees, other than palms, twenty (20) feet to thirty (30) feet in height at maturity
shall be planted at least twenty (20) feet away from power lines.
(3) Trees, other than palms, greater than thirty (30) feet in height at maturity shall
be planted at least thirty (30) feet away from power lines.
(4) Palm trees greater than twenty (20) feet in height at maturity shall be planted
either twenty (20) feet or at one (1) maximum palm frond length plus ten (10)
feet away from power lines, whichever is greater.
Shape means the regular and frequent shearing of outer tree branches, making
pruning cuts of one inch in diameter or less, for the purpose of controlling the size
and shape of the tree canopy.
Shearing means the cutting of many small diameter stems of one U inch in
diameter or less.
Specimen tree means any tree which has a DBH of eighteen (18) inches or greater
with a condition rating of sixty percent (60%) or greater in accordance with the
condition rating guidelines as specified in the Guide for Plant Appraisal, 9th edition,
as amended; with the exception of the following:
(1) Non-native fruit trees that are cultivated or grown for the specific purpose of
producing edible fruit, including, but not limited to: mangos, avocados, or citrus.
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underlined type are additions.
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(2) Species of the genus Ficus except F. aurea (strangler fig), F. laevigata (short
leaf fig), F. rubiginosa (rusty fig or rusty leaf fig), F. jacguinifolia;
(3) All multi -trunk palms.
(4) Trees that are in poor condition or form as determined by the Community
Development Department.
Structure means anything built or constructed. Examples include, but are not limited
to, buildings, trailers, fences, billboards, swimming pools, poles, pipelines, ditches,
roads, utility installation, transmission lines, track and advertising signs.
Subcanopy means an intermediate level of trees and other vegetation within a
Natural Forest Community.
Substantial deviation means any proposed modification or modification to a
development, a license or a license application which, either individually or
cumulatively with other changes creates a reasonable likelihood of additional
environmental impact as covered by the scope of this section, or any change or
proposed change that may result in any impacts on trees or Natural Forest
Communities not previously reviewed by the Community Development Department
as covered by the scope of this section.
Topiary pruning means the practice of pruning a tree into an ornamental shape by
pruning branches one inch in diameter or less.
Tree means any living self-supporting dicotyledonous or monocotyledonous
woody perennial plant which has a DBH of no less than three (3) inches and which
normally grows to an overall height of no less than ten (10) feet in Southeast
Florida.
Tree canopy means the upper portion of the tree consisting of limbs, branches, and
leaves.
Tree removal license means a written authorization with conditions issued by the
Community Development Department to remove or relocate a tree.
Tree survey means a document signed and sealed by a Florida Registered Land
Surveyor meeting the requirements of Section 472.025, Florida Statutes, as
amended, which must provide at a minimum, the following information:
(1) The location plotted by accurate techniques of all existing non -nuisance trees;
(2) The common and scientific name of each tree;
(3) The DBH of each tree or if a multiple -trunk tree the sum DBH for all trunks;
and
(4) Canopy coverage.
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underlined type are additions.
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Unacceptable risk means tree removal is the only means of practically mitigating a
tree's risk rating to below moderate, as determined by the tree risk assessment
procedures outlined in International Society of Arboriculture's Best Management
Practices -Tree Risk Assessment, Second Edition (2017).
Urban Wilderness Inventory Area means an area of land included in the Urban
Wilderness Inventory pursuant to Section 25'/2-27 of the Broward County Code of
Ordinances, as amended.
Wildlife utilization means an area used by wildlife for habitat/feeding.
D) General Prohibitions
Unless otherwise authorized by this section, no person shall cause, suffer, permit or
allow:
(1) The removal of any Historical tree without first obtaining approval from the City
Commission to conduct the removal.
(2) The removal of any tree without first obtaining a tree removal license from the
Department as herein provided.
(3) Tree abuse as defined by this section.
() Any encroachments, excavations, or change of the natural grade within the
drip line of a tree unless it can be demonstrated to the Department prior to the
commencement of said activity, that the activity will not negatively impact any
tree.
(5) Land clearing or the operation of heavy equipment in the vicinity of a tree
without placing and maintaining a protective barrier around the drip line of the
tree. The protective barrier shall be conspicuous enough and high enough to
be seen easily by operators of trucks and other equipment.
(6) The storage or use of materials or equipment within the drip line of any tree, or
attachments, other than those of a protective and non -damaging nature, to any
tree.
(7) Land clearing, including the removal of understory, in an area designated as a
Natural Forest Community without first obtaining a letter of authorization or a
Tree Removal License from the Department as herein provided.
(E) General Exemptions
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(1) During emergency conditions caused by a hurricane or other natural disaster,
the provisions of this Section may be suspended by the direction of the City
Manager.
(2) Nuisance Trees. Nuisance trees as defined by this section are exempt from the
prohibitions set forth in subsection (D) provided that no condition is created
which poses an imminent threat to public safety or property. In such cases, the
nuisance tree shall be removed to alleviate any threat. Failure to remove said
tree after warning from the Department shall constitute a violation of this
section.
(3) Tree Risk. The pruning, trimming, removal, or replanting of, or mitigation for
impacts to, a tree on residential property is exempt from any notice, application,
approval, permit, fee, or mitigation requirements of this Section if the property
owner possesses documentation from an arborist certified by the International
Society of Arboriculture or a Florida licensed landscape architect that the tree
poses an unacceptable risk to persons or property. This exemption implements
and adopts by reference Section 163.045, Florida Statutes, as amended,
including, but not limited to, the definitions of documentation and residential
Property, and the standards therein for determining whether a tree poses an
unacceptable risk. This exemption does not apply to the exercise of specifically
delegated authority for mangrove protection pursuant to Sections 403.9321
through 403.9333, Florida Statutes, as amended.
(F) Tree Removal License Requirements and Standards
(1) License Requirements:
(a) Unless otherwise exempted by this section, a person shall obtain a tree
removal license prior to relocating or removing a tree.
b) Unless otherwise exempted by this section, anv person who removes a
tree or who negatively impacts a Natural Forest Community in violation of
this section shall be required to offset any environmental impacts through
mitigation.
(c) Exemptions from Licensing: Unless otherwise prohibited by the City Code,
the following activities are exempted from the licensing requirements of
this section provided that no nuisance or any condition which adversely
affects the environment or public health is created, and provided that the
activity does not violate any provisions of the City Code, or Broward
County, or federal, state:
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i. Removal of any tree that is hazardous to the extent that its continued
existence creates an imminent threat to public safety or property. In order
to claim this exemption, the owner of the property must document by
photographs or other evidence that such condition(s) existed prior to the
removal of the tree. In the case of Natural Forest Communities, specimen
trees or historic trees, documentation of the condition must be presented
to the Department within forty-eight (48) hours of removal;
ii. Removal of any tree on owner -occupied residential properties of one (1)
acre or less developed for detached single-family and duplex usage,
except the following:
A. Previously preserved, relocated or replaced trees that were
preserved, relocated or replaced pursuant to a tree removal license;
or
B. Historical or specimen trees;
iii. Removal of trees by all City and Broward County -licensed nurseries,
botanical gardens and commercial grove operations, but only in relation to
those trees which are planted and arown for the sale or intended sale to
the general public in the ordinary course of the licensed business;
iv. Removal of trees by all governmental and private nurseries with respect to
trees which have been planted and arown for future relocation:
v. Removal of trees, except historical or specimen trees, by franchised utility
companies other than electrical utilities. provided that:
A. The utility company provides written notice to the Department and the
record owner of the property on which the trees proposed to be
removed are located of the intent to remove trees; the written notices
shall be delivered, at minimum, fifteen (15) days prior to the intended
tree removal; and
B. The utility company can demonstrate to the Department prior to tree
removal that:
1. The tree will cause a continual disruption of service. A
specimen palm tree may be removed under this exemption;
2. The easement or property was in actual use conveying
utilities prior to the effective date of this section; and
3. The threat of service interruption cannot be remedied by tree
pruning in accordance with standards as set by the American
National Standards Institute, as amended;
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underlined type are additions.
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vi. Removal of a tree by an electrical utility company if the tree is located
within the electrical utility company's right-of-way or utility easement where
power lines are located. The electrical utility company may also remove a
tree outside of its right-of-way or utility easement if the tree does not
comply with the Right Tree, Right Place Guidelines. In the case of the
removal of specimen trees or historical trees, the electrical utility shall
document by photographs or other evidence that the tree does not comply
with the Right Tree, Right Place Guidelines prior to removal of the tree and
must present such documentation to the Department within forty-eight (48)
hours after removal;
vii. Removal of a tree on private property by the private property owner if the
tree does not comply with the Right Tree, Right Place Guidelines. Except
as provided for in this subsection, the owner of the property must
document by photographs or other evidence that the tree is not in
compliance with the Right Tree Right Place Guidelines prior to removal. In
the case of Natural Forest Communities, specimen trees, or historical
trees, documentation of the condition must be presented to the
Department within forty-eight (48) hours after removal. The collection and
presentation of documentation shall not be required if the private property
owner has received a notice of violation for the tree; or
viii. Removal of nuisance trees.
(2) License Application Requirements:
a) Application forms: A license application for removing or relocatinq trees
shall be submitted by a property owner or authorized agent of the owner,
on City approved application form(s).
(b) Fees: The license application must be accompanied by the required fee(s)
as established by the City. License application fees are non-refundable
and non -transferable.
(c) Required application data: The license application must be accompanied
by documents and drawings as required by the Department that describe
the proposed activities to be performed in sufficient detail to meet the
standards in this section and to clearly identify all potential impacts to the
environment and public health. Application data required shall include, but
is not limited to:
i. A map showing the size and location of the site where the licensed
activities are to be conducted;
ii. A starting date and duration of the proposed activities;
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iii. A brief description of the work to be performed, including a drawing of the
proposed work or a certified site plan, as determined by the Department,
showing the location of all existing or proposed buildings, structures, and
site uses;
iv. For development on undeveloped property or for redevelopment of
property, a certified tree survey and site plan of identical scale designating
those trees which are proposed to be preserved, relocated, or removed is
required. All tree survey(s) or site plan(s) must be prepared by a person(s)
qualified to do so under the Laws of Florida;
v. The legal description of the site.
3) Licensina Standards for Tree Removal. Relocation. and Realacement:
(a) Any person conducting tree removal activities shall only remove a tree or
trees from a site as approved for removal in a City tree removal license.
(b) Damage to any other tree or trees on the site during tree removal activity
shall constitute a violation of this section.
(c) An applicant may be eligible to receive a tree removal license if one of the
following considerations is present:
i.
Whether a proposed development cannot be located on the site without
tree removal;
ii.
Whether the applicant
has made every reasonable effort to incorporate
existing trees in the development project and to minimize the number of
trees removed;
iii.
Whether a tree proposed
to be removed is of poor quality and condition;
iv.
Whether a tree proposed
to be removed is obstructing safe vehicular cross
visibility;
v.
Whether a tree proposed
to be removed is damaging existing
improvements;
vi.
Whether a tree proposed
to be removed is creating ongoing safety
problems for existing
development;
vii.
Whether a tree proposed
to be removed is growing too close in proximity
to another tree(s) to
permit normal growth and development of the affected
trees ; or
viii.
Whether a tree proposed
to be removed is listed on the Florida Exotic Pest
Plant Council's List of Invasive Plant Species, as amended.
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underlined type are additions.
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If an application meets the above criteria. the Department will prior to issuina an
tree removal license conduct a tree relocation evaluation pursuant to §10-
4.4(F)(4).
(d) Removal or relocation of a tree or trees found in an area designated as a
Natural Forest Community shall be conducted pursuant to Broward Code
of Ordinances, Chapter 27, Article XIV, Section 411(b) in addition to the
requirements of Chapter 27, Article XIV, Section 408.
(4) Tree Relocation Evaluation:
(a) For tree relocation, the Department shall make the following evaluations:
i. A tree which meets the criteria for removal as specified in §10-4.4(F)(3)(c)
shall be relocated, unless it is demonstrated that relocation is not a viable
alternative for a particular tree. If relocation is not a viable solution, the
applicant shall replace a removed tree, pursuant to the requirements set
forth in this section: and
ii. Whether relocation is on the property or off the property, due to lack of
available space on the property. Where relocation is to occur onto another
Property, written authorization from the property owner shall be required.
(5) Tree Relocation Requirements: Any person conducting tree relocation
activities shall:
(a) Not unnecessarily damage any other tree or trees remaining on -site while
relocating a tree:
(b) Relocate a tree so that it will not interfere with existing or proposed
utilities, either above or below ground. Relocated trees shall be in
compliance with the Right Tree, Right Place Guidelines.
(c) Relocate a tree to an area with adequate space for root and canopy
development;
(d) Ensure successful relocation and transplanting of trees by adhering to the
following guidelines for transplanting a tree:
i. Any tree being relocated shall not be unnecessarily damaged during
removal, transport or replanting of that tree:
ii. If a tree has a dormant period it should be transplanted during that time. A
tree should not be transplanted during periods of strong, dry winter winds
or during droughts;
iii. Adequate space for root and canopy development shall be provided:
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iv. Prior to transplanting, the tree shall be root and canopy pruned according
to sound arboricultural standards. All crown pruning shall be done in
accordance with standards set by the American National Standards
Institute, as amended;
v. During and following transplanting of a tree, the root ball and trunk shall be
protected. The root ball must be kept moist at all times;
vi. A transplanted tree shall be braced for at least one (1) year after its
relocation; and
vii. A transplanted tree shall be fertilized as appropriate and shall be watered
sufficiently until tree arowth is re-established.
6) Tree Relocation Mai ntenance/Monitorina Reauirements: Anv person
conducting tree relocation activities shall:
(a) Maintain the health of a relocated tree for a period of one (1) year from the
date of planting;
(b) Replace, within sixty (60) days, a relocated tree that dies or is determined
by the Department to be effectively destroyed within one (1) year of being
relocated. The one (1) year maintenance period shall begin anew
whenever a tree is replaced. For projects that include the relocation of ten
(10) or more trees, a ten (10) percent mortality allowance will apply. If
ninety (90) percent or more of the relocated trees are determined to be
viable after a period of one (1) year, the project shall be considered
successful and replacement trees will not be required for the remaining ten
(10) percent of the trees that die or are in a state of decline; and
(c) Remove all strapping and bracing material from all relocated trees at the
end of the one (1) year monitoring period. This should normally occur after
seven (7) months for broad leaf trees and twelve (12) months for palm
trees. Exemptions to this rule shall require the Department's approval.
(7) Tree Relocation Bond Requirements:
(a) Unless otherwise exempted by this section, any person conducting tree
relocation activities involving specimen trees must post a bond to insure
the survival of specimen trees designated for preservation. Said bond
shall meet the approval of the City Attorney and may be in the form of a
letter of credit drawn upon banks or savings and loan institutions legally
doing business in the State of Florida, cash bonds issued by an insurance
company legally doing business in Florida or other acceptable means as
approved by the City Attorney. This bond shall be in addition to any other
bond that may be required by any other governmental entity,
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b) Determination of the bond amount shall be computed based upon the
most current version of the Guide for Plant Appraisal, published by the
International Society of Arboriculture.
(c) Government entities are exempt from bond requirements.
(d) Release of Bonds:
i. Tree relocation bonds will be released upon successful tree relocation as
set forth in §10-4.4(F)(6) and written approval by the Department. Bonds
involving specimen trees shall be released upon completion of
construction activities, if it is determined by the Department that the tree(s)
is/are not effectively destroyed.
ii. Bonds may be released by the Department when a tree removal license is
transferred. The Department may condition the release of the bond upon
the posting of a new bond by the subsequent licensee.
(e) Drawing on Bonds:
i. If a tree is determined by the Department to be effectively destroyed within
one year from the date of relocation the bond shall be drawn upon and
funds will be deposited into the City Tree Preservation Fund.
(8) Tree Replacement in Lieu of Tree Relocation:
(a) When it is determined by the Department that tree relocation cannot be
accomplished, an applicant shall replace trees pursuant to_§10-4.4(F)(9).
(9) Tree Replacement Requirements:
(a) Tree Replacement Requirements for Non -Specimen Trees:
i. If the Department determines that a removed tree cannot be successfully
relocated said tree shall be replaced to compensate for lost tree canopy
coverage.
ii. The following criteria shall be used by the Department to determine the
tree replacement requirements:
A. The tree canopy coverage of a site shall be determined using any
combination of the following methods:
aa) Review of aerial photography;
b) On -site inspection; and/or
c) Review of a tree survey.
B. A tree that is successfully relocated pursuant to §10-4.4(F) need not
be replaced.
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June 28, 2023
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C. Native trees identified in Tables 10-5.0, 5.1, 5.2, 5.3 of this Section
must be planted to replace native tree canopy coverage removed.
D. For tree replacement requirements of one (1) to five (5) trees, a
minimum of one (1) species shall be utilized as a replacement tree.
For six (6) to ten (10) replacement trees required, a minimum of two
(2) species shall be utilized. For eleven (11) to twenty (20)
replacement trees required, a minimum of three (3) species shall be
utilized. For twenty one (21) to fifty (50) replacement trees required, a
minimum of four (4) species shall be utilized. For fifty one (51) or
more replacement trees required, a minimum of five (5) species shall
be utilized.
E. Per §10-4.4(F)(3)(c)(i) and (ii), for trees removed prior to obtaining a
Tree Removal License, and trees meeting development criteria, an
additional fifty (50) percent tree replacement shall be required.
F. Failure of an owner to replace a removed tree with an equivalent
replacement within 60 days after being notified by the Department
shall be a violation of this Code.
G. No Improvement Permit shall be issued without an approved Tree
Removal License.
H. Removal, replacement, or relocation shall take place before a
Certificate of Occupancy is granted.
I. The number of required replacement trees shall be based upon the
size of area of impact and the category of replacement trees selected
by the applicant. The canopy of the replacement trees at maturity
shall at least equal the canopy removed. The following table shall be
used to determine the number of required replacement trees:
Replacement Tree Category
(See Tables 10-5.0, 5.1, 5.2, 5.3)
Replacement Canopy Area Credit
(In Square Feet)
Category 1 Tree
300
Category 2 Tree
150
Category 3 Tree
100
Category 4 Tree
50
(b) Tree Replacement for Specimen Trees:
i. A tree appraisal will be performed by the Department to determine the
dollar value of any specimen tree approved by the Department for
removal. This appraisal shall be pursuant to the Guide for Plant Appraisal
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9th Edition, as amended, by the Council of Tree and Landscape
Appraisers.
ii. The Department will then calculate the number of replacement trees
required to equal the appraised value of the specimen tree removed. This
calculation shall include the purchase price of the replacement tree, plus
installation costs. The applicant will be required to compensate the
number of replacement trees indicated by the Department for the removal
of the specimen tree(s).
(c) Minimum Standards for Replacement Trees:
i. All replacement trees shall be a minimum quality of Florida No. 1 grade or
better, as identified in Grades and Standards, Florida Department of
Agriculture;
ii. Only trees listed in Tables 10-5.0 5.1, 5.2, 5.3 (Replacement Tree
Species) shall be used as replacement trees. The applicant shall have the
option of choosing the category of trees for replacement provided at least
fifty (50) percent of the replacement trees are from Category 1 or Category
2 with respective size as follows:
A. Category 1: Minimum of twelve (12) feet in height and two (2) inches
DBH at time of planting;
B. Category 2: Minimum of eight (8) feet in height at time of planting;
C. Category 3: Minimum of six (6) feet in height at time of planting;
D. Category 4: For replacement palm trees, a minimum of six (6) feet
clear trunk or greywood at time of planting.
iii. If the minimum tree size is commercially unavailable, smaller trees may be
substituted with the approval of the Department. Additional credit may be
given for the installation of larger trees, at the Department's discretion.
(d) General Requirements for Replaced Trees: Any person conducting tree
replacement activities shall:
i. Refrain from unnecessarily damaging any other tree or trees remaining on
site while planting or preparing the site for any replacement tree(s):
ii. Plant the replacement tree so that it will not interfere with existing or
Proposed utility lines or cables either above or below ground. A tree which
may reach a height of thirty (30) feet shall not be planted within twenty
(20) feet of an overhead powerline:
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June 28, 2023
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iii. Plant replacement tree species and use installation and maintenance
methods that follow xeriscape principles, where practicable;
iv. Plant a replacement tree in an area in conformity with the Right Tree,
Right Place Guidelines. Large canopy trees from the Category 1 list (Live
Oak, Mahogany, Black Olive, etc.) shall not be planted in parking lot
islands less than ten (10) feet in width, or adjacent to buildings or in any
small confined space with less than ten (10) feet of available rooting space
or less than twenty (20) feet of available canopy space. Exceptions to this
rule shall require the Department's approval;
v. Complete tree replacement within the time frames specified in the Tree
Removal License.
(e) Maintenance/Monitoring Requirements for Replaced Trees: Any person
conducting tree replacement activities shall:
i. Maintain the health of a replacement tree for a period of one (1) year from
the date of planting;
ii. Replace within sixty (60) days any replaced tree that dies or is determined
to be effectively destroyed within one (1) year of being planted, as
determined by the Department. The one (1) year maintenance period shall
begin anew whenever a tree is replaced. For projects that include the
planting of one hundred (100) or more replacement trees, a ten (10)
percent mortality allowance will apply. If ninety (90) percent or more of the
replacement trees are determined to be viable after a period of one (1)
Year, the project shall be considered successful and replacement trees will
not be required for the remaining ten (10) percent of the trees that die or
are in a state of decline; and
iii. Remove all strapping and bracing material from all replaced trees at the
end of the one (1) year monitoring period.
(f) Remuneration in Lieu of Tree Replacement: If it is determined by the
Department that the replacement is not feasible due to lack of available
planting space, the following applies:
i. The person conducting the tree replacement activity shall pay into the Citv
Tree Preservation Trust Fund a replacement contribution in lieu of actual
tree replacement;
ii. The replacement contribution will be determined using a schedule for
current value of replacement trees plus installation and maintenance as
established by the Department;
iii. Specimen tree calculations shall be in accordance with §10-4.4(F)(9)(b).
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G) Construction and Land Clearing
(1) General Requirements: Anv person enaaaed in construction or land clearin
shall:
(a) Clear vegetation within the drip line of trees designated for preservation
only by hand or with the use of light rubber -wheeled equipment, which will
not damage tree roots; said equipment shall be a maximum of forty-eight
(48) inches wide, tire to tire, with a maximum weight of 3,500 pounds.
(b) Utilize retaining walls and drywells to protect any tree to be preserved
from severe grade changes.
(C) Promptly repair any tree designated for preservation pursuant to a tree
removal license which is damaged during construction by:
i. Corrective pruning for damage to tree canopy;
ii. Measures such as corrective root pruning, fertilization, and soil
enhancements for damage to tree roots.
(H) Tree Abuse
1) Tree abuse is prohibited in the Citv. Tree abuse includes
(a) Hatracking a tree; or
(b) Destroying the natural habit of tree growth; or
(c) Pruning which leaves stubs or results in a flush cut; or splitting of limb
ends; or
(d) Removing tree bark to the extent that if a line is drawn at any height
around the circumference of the tree, over one-third of the length of the
line falls on portions of the tree where bark no longer remains; or
(e) Using climbing spikes nails or hooks, except for purposes of total tree
removal or as specifically permitted by standards set by the American
National Standards Institute, as amended; or
(f) Pruning that does not conform to standards or recommendations set by
the American National Standards Institute, as amended; or
(q) Pruning of live palm fronds which initiate above the horizontal plane; or
(h) Overlifting a tree; or
(i) Shaping a tree.
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(2) Exemptions from Tree Abuse: The following are exempt from the prohibition of
tree abuse :
(a) Topiary pruning when:
i. The trees are located on owner occupied property developed for
detached single family or duplex usage, or;
ii. The trees were not installed to meet minimum landscape requirements
and are identified on an approved landscape plan as appropriate for
topiary pruning.
b) Tree abuse necessary to alleviate a dangerous condition Dosina an
imminent threat to the public or property provided that the threat cannot be
remedied by pruning that is not defined as tree abuse;
(c) Shaping of trees to protect property, such as buildings and infrastructure,
in which there is adequate evidence accepted by the Department that
shaping has occurred historically; or
(d) Remedial pruning.
(3) Remedial Measures for Tree Abuse: Any person that abuses a tree in violation
of this section shall:
(a) Undertake pruning and other remedial action as determined by the
Department, not limited to the removal of severely abused trees to protect
Public safety and property, and corrective pruning to improve the health
and form of affected trees. A Tree Removal License shall be applied for by
the violator(s) and/or property owner(s) and is required for the removal of
severely abused trees.
(b) Plant replacement trees pursuant to §10-4.4(F)(9) of the Code, if the
natural habit of growth of the abused tree is destroyed.
(1) Tree Preservation Trust
(1) Establishment of the Trust Fund: The City of Tamarac Tree Preservation Trust
Fund has been established for the purpose of accepting and disbursing the
contributions made to the City as part of tree removal licenses, fees, and any other
monies deposited with the City for tree preservation purposes. This fund shall be
used to enhance tree canopy coverage in the City.
(2) Term of Existence: The trust shall remain in existence unless specifically
terminated by the Citv Commission.
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(3) Trust Assets: All monies received hereunder from public or private concerns
shall be placed in trust for and inure to the use and benefit of the City.
(4) Trust Expenditures: Monies in the trust shall be expended, utilized, and
disbursed for the planting of trees, administrative costs as designated by the
Director, and any other ancillary costs associated with the planting of trees on
public lands in the City. Ancillary costs shall not exceed twenty percent (20%) of the
cost of the tree planting project, and shall include landscape design services,
irrigation, additional landscaping, and any other items or materials necessary for
the proper installation and maintenance of tree planting protects. These monies
may also be used to cover the expense of relocation of trees to public lands in the
City and the expense of periodically distributing saplings to the public to increase
tree canopy coverage in the City.
(5) Trust Administration:
(a) Trust funds shall be expended, utilized, and disbursed only for the
purposes designated by the Department in accordance with this section.
(b) All monies deposited hereunder shall be deposited in the trust, in a
separate account established and maintained apart from the general
revenue funds and accounts of the City.
(c) Monies obtained hereunder may be accepted on behalf of the City by the
Director or designee and upon receipt, shall be delivered to the City's
Financial Services Department which shall cause the same to be credited
to the trust.
(8J) Landscape Plan Required
(1) A landscape plan shall be included as part of any application as required for
Site Plan Approval (§10-5.4(H)), Improvement Permit (§10-5.4(l)) or Building
Permit (§10-5.4(N)), subject to the standards in this section. Landscape plans
shall be prepared in accordance with the requirements of the Administrative
Manual and shall be approved by the Director, Planning Board, and City
Commission, as appropriate.
(2) Landscape plans shall be prepared and sealed by a landscape architect or
other authorized person pursuant to F.S. Ch. 481, as amended from time to
time.
(3) All required landscaping shall be maintained in accordance with the approved
landscape plan, including approved specifications for plant size, number,
location, and type of landscaping material.
(4) All plant material shown on an approved landscape plan shall be replaced if it
dies, is seriously damaged, or removed.
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(5) No final Certificate of Occupancy shall be issued by the City unless the
landscaping requirements are met as evidenced by an approved final
landscaping inspection by the G#y--Department.
(GK) General Requirements for All Landscaping
(1) Plant Material. All required plant material shall be Florida Grade #1 or better,
in accordance with Grades and Standards for Nursery Plants (Florida Division
of Plant Industry).
(a) All plant material shall, to the greatest extent possible:
(i) Be based on the plant's adaptability to the landscape area, desired
effect, color, texture, and ultimate plant size;
(ii) Be frost- and drought -tolerant, and grouped in accordance with their
respective water and maintenance needs;
(iii) Be appropriate for the ecological and urban setting in which the
materials are to be planted, including the shielding of buildings from
the sun, from radiating surfaces such as parking areas, and as a
screen for noise abatement;
(iv) Be commercially available; and
(v) Comply with CPTED principles.
(b) All minimum dimensions of landscaped material refer to dimensions at the
time of planting.
(c) Growth of plant material at maturity shall be considered prior to planting to
ensure no future conflicts arise related to views, signs, overhead and
underground utilities, security lighting, fire access, drainage easements,
pedestrian walkways, and traffic circulation.
(d) All landscaped areas shall be maintained free of nuisance species,
including natural areas within developed property. The following species
are considered nuisance species:
I. Schinus terebinthifolius (Brazilian pepper tree/Florida holly).
II. Metopium toxiferum (poison wood).
III. Melaleuca quinquenervia (caleput tree/melaleuca).
IV. Casuarina spp. (Australian pine, all species).
V. Bischofia iavanica (bischofia, bishopwood).
VI. Acacia auriculaeformis (earleaf acacia).
VII. Araucaria excelsia (Norfolk Island pine).
VIII. Brassia actinophylla (schefflera).
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IX. Leucaena leucocephala (lead tree).
X. Cupaniopsis anacardiopsis (carrotwood)
(2) Native Vegetation and Diversity
(a) All landscaped areas shall include placement of native vegetation in
substantial conformity with the principles outlined in The Florida -Friendly
Landscaping Guide to Plant Selection & Landscape Design (University of
Florida) and the Administrative Manual.
(b) The City encourages use of the Xeriscape Landscaping Principles as
included in the South Florida Water Management District's publication
Waterwise, South Florida Landscapes, Landscaping to Promote Water
Conservation Using the Principles ofXeriscape, which is hereby
incorporated by reference into this section, amended from time to time.
(c) Existing healthy and well -formed trees and understory vegetation may be
preserved and may be used toward meeting the requirements of this
section to the extent that they meet the minimum standards.
(d) Plant species identified as invasive species in List of Invasive Plant
Species (Florida Exotic Pest Plant Council) are prohibited.
(e) The eradication of nuisance vegetation is required on all sites including but
not limited to abutting rights -of -way and privately owned natural areas,
prior to the issuance of a final Certificate of Occupancy or final approval of
any structural modification including vehicular use areas.
(3) Installation. All required landscaping and landscape areas shall be installed in
accordance with landscaping best management practices, Florida -friendly
landscaping principles, American National Standards Institute (ANSI) A-300
standards, and the standards in this subsection.
(a) Topsoil
(i) Topsoil shall be sandy loam and contain a 25 percent minimum
amount of decomposed organic matter. There must be a slight acid
reaction to the soil with no excess of calcium carbonate.
(ii) Topsoil shall have a minimum depth of six inches for groundcover,
flowers, shrubs, and hedges and a minimum depth of three inches for
turf grasses.
(iii) Trees shall receive 12 inches of topsoil around and beneath the root
ball. No topsoil shall be placed on top of the root ball. The root flare of
all newly installed trees shall be visible upon installation.
(iv) Topsoil shall be clean and reasonably free of clay, stone, roots,
construction debris, weeds, rocks, noxious pests, diseases, and other
foreign materials.
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(v) Topsoil for all planting areas shall be amended with horticulturally
acceptable organic material.
(vi) All soils used shall be suitable for the intended plant material.
(b) Mulch
(i) A three-inch minimum thickness of approved organic mulch material
shall be applied after initial watering in all areas not covered by
buildings, structures, pavement, turf grass, preserved areas, and
annual flower beds.
(ii) Each tree and shrub shall have a ring of organic mulch no less than
three feet in diameter around its trunk.
(c) Turf Grass
(i) Turf grass shall be drought -tolerant and a species of grass that will
survive as a permanent lawn in Broward County assuming adequate
watering and fertilizing as described in this Section and the
Administrative Manual.
(i i) Turf grass shall be viable, free of weeds, and capable of growth and
development.
(iii) Planted as sod, strips shall be aligned with tightly fitted joints and no
overlap of butts or sides. Sod subgrade shall be reasonably free of all
stones, sticks, roots, and other matter prior to placement.
(iv) Turf grass areas may be seeded to meet the requirements of this
Code, provided that the area presents a finished appearance and
complete coverage before a final Certificate of Occupancy or other
approval is issued.
(v) Use of turf grass shall be limited to being a design unifier, shall not be
treated as fill-in material, but as a planned element of the landscape.
Turf grass shall be consolidated and placed so it can be irrigated
separately from other types of plant material. Turf grass shall be
restricted to areas that receive pedestrian traffic, provide for practical
or recreational use, or provide soil erosion control (e.g., on slopes or
in swales).
(vi) St. Augustine turf shall be installed within all unpaved areas of all
rights -of -way.
(vii) The Director may authorize large grassed areas not subject to soil
erosion, such as playfields, to be grassed by other methods.
(d) Groundcover
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(i) At the time of installations, groundcover shall be planted with a
minimum of 75 percent coverage of the intended groundcover area,
with 100 percent coverage occurring within three months of planting.
(ii) For all developed properties, all yards and other portions of land not
utilized for structures, parking areas, walkways, driveways, decking,
pools, or other amenities shall be covered with turf grass or living
groundcover.
(iii) Nonliving groundcover shall be limited to borders, sidewalks, step
stones, and other similar materials, and shall not cover more than 15
percent of the landscaped area. Use of pervious paving materials is
strongly encouraged.
(iv) An applicant may apply for an Administrative Adjustment, as
described in §10-5.4(P), Administrative Adjustment, of up to 50
percent of the area to be covered with nonliving groundcover for
industrial, special utility, and agricultural properties subject to the
criteria for Administrative Adjustment approval.
(e) Vines. Vines shall be a minimum of 30 inches in supported height upon
installation and may be used in conjunction with fences, visual screens, or
walls.
(f) Trees. Fifty percent of the trees required in this section shall be water -
conserving native plant material.
(i) Palm Trees
A. Palms shall constitute no more than 20 percent of the total
trees required. Any palms provided in excess of this amount
shall not count towards the tree requirement.
B. Palms shall have a minimum height of 12 feet and 2 inches
DBH at the time of planting, measured from the base of the
palm to the tip of the bud, and shall have substantial gray
wood characteristics at the time of maturity shall have a
minimum of two feet of gray wood at the time of planting.
C. No large palm trees shall be located closer than 25 feet to
light poles or overhead utility lines. Refer to Florida Light &
Power's "Right Tree, Right Place" guidelines.
D. Certain palms, as determined by the Director, may be
substituted for shade trees by grouping three or more palms
in close proximity together to create the equivalent crown
spread. Certain palms, as determined by the Director, may
be substituted on a one for one basis in lieu of shade trees.
Refer to §10-4.4(J), Approved Palm and Tree Lists.
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(ii) Shade Trees
A. Shade trees shall constitute 50 percent of the total trees
required, unless specifically addressed in this section.
B. At the time of installation, shade trees shall have a minimum:
1. Trunk caliper of three inches;
2. Height of 15 feet;
3. Crown spread of six feet; and
4. Four and a half feet of clear trunk.
C. No shade tree shall be located closer than 25 feet to light
poles or 30 feet to overhead utility lines. Refer to Florida
Light & Power's "Right Tree, Right Place" guidelines.
(iii) Small Trees
A. Small trees shall have a minimum height of ten feet and the
minimum crown characteristics of the species at that height
upon installation.
B. Trees with a multiple trunk growth characteristic shall have
no more than five main trunks.
C. All small trees shall have a minimum of 30 inches of clear
trunk at the time of planting.
(g) Shrubs. Fifty percent of shrubs required shall be installed as native plant
material. Shrubs shall have a minimum height of 24 inches with a spread
of 18 inches upon installation. Shrubs used as a required continuous
hedge shall touch one another upon installation.
(h) Lakes, Canals, and Other Water Bodies
(i) All lakes, canals, wet retention areas, and other water bodies shall
include soil erosion control in the form of turf grass to the edge of the
mean high water mark as described in §10-4.4(GK)(3)(c), Turf Grass.
(i i) No turf grass that requires mowing shall be allowed on slopes greater
than four to one.
(iii) All dry retention areas shall be landscaped with turf grass or
groundcover in accordance with §10-4.4(SK)(3)(c), Turf Grass, and
§10-4.4(SK)(3)(d), Groundcover.
(i) Berms
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(i) Berms shall be planted with turf grass or groundcover in accordance
with §10-4.4(GK)(3)(c), Turf Grass, and §10-4.4(SK)(3)(d),
Groundcover.
(ii) The maximum slope for berms shall not exceed one foot in height for
every three feet in width.
0) Fertilizer
(i) Fertilizers applied to plant material, including turf grass, within the City
shall be formulated and applied in accordance with requirements and
directions provided by Rule 5E-1.003(2), Florida Administrative Code,
"Labeling Requirements for Urban Turf Fertilizers."
(ii) Nitrogen and phosphorus fertilizer shall not be applied to turf grasses
or landscape plants except as provided in §10-4.4(SK)(3)0)(i) above
unless a soil or tissue deficiency has been verified by an approved
test.
(iii) Fertilizer containing nitrogen and/or phosphorus shall not be applied
to turf grasses or landscape plants from June 1 to September 30
unless approved by the Director.
(k) Installation Timing
(i) Prior to Certificate of Occupancy. All required landscaping,
including groundcover, shall be installed in accordance with the
approved landscape plan or in accordance with any phasing plan and
the required planting standards presenting in this Section prior to the
issuance of a final Certificate of Occupancy unless otherwise
approved by the Director.
(ii) Extensions
A. The Director may, for good cause shown, grant extensions to
the above time limit, allowing a developer and/or owner to
delay the installation of required landscaping.
B. Circumstances that may warrant an extension include, but
are not limited to, completion of utility work occurring in the
proposed landscape area that is incomplete or delayed.
C. Any extension of the time limit shall be conditioned on the
required landscaping being installed as soon as practicable
after the delay -warranting circumstances cease to exist. The
provision of a performance guarantee shall be required to
ensure installation of the required landscaping is performed
within one year as described in §10-5.4(I)(3)(c)(i),
Performance Guarantees.
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(4) Protection of Public Infrastructure. All shade and medium trees installed
within six feet of public infrastructure shall utilize a root barrier system, as
approved by the Director.
(5) Obstructions to Emergency Response Vehicles
(a) No landscaping or related obstructions shall be placed within seven and a
half feet of any fire hydrant.
(b) Landscaping or related obstructions shall not be placed around buildings
and structures in a manner that impairs or impedes accessibility for
firefighting and rescue operations.
(6) Stabilization
(a) Stabilization shall be in accordance with the International Society of
Arboriculture standards as amended from time to time.
(b) All palm and shade trees planted as trees shall be securely guyed, braced,
and/or staked at the time of planting until establishment. The use of nails,
wire, rope, or any other method which could damage the tree or palm is
prohibited.
(c) All stabilization systems shall be clearly marked with flags, paint, or other
visible medium to prevent hazards and protect the public. Trees shall be
re -staked in the event of failure of the staking and guying.
(d) All guys and staking material must be removed when the tree is stable and
established, but in no case more than one year after initial planting. Failure
to do so will be considered tree abuse and will lead to enforcement action
as described in 10-4.4(111)(3), Tree Abuse below.
(e) All plants shall be installed so that the top of the root ball remains even
with or slightly above the soil grade.
(f) All required landscape planting areas and berms shall be stabilized and
maintained with turf grass, groundcover, mulch, or other approved
materials to prevent soil erosion and allow rainwater infiltration.
(7) Irrigation System Required
(a) Irrigation systems shall be provided in all landscaped areas and designed
to meet the needs of the plant material within the landscape areas, in
accordance with The Florida -Friendly Landscaping Guide to Plant
Selection & Landscape Design (University of Florida) and in compliance
with the watering restrictions of the South Florida Water Management
District.
(b) When feasible, irrigation systems shall be designed separately to serve
turf grass and non -turf grass areas.
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(c) Irrigation and landscape design, installation, and maintenance shall
consider soil, slope, and other site characteristics in order to minimize
water waste, including overspray, the watering of impervious surfaces and
other non -vegetated areas, and off -site runoff. Furthermore, irrigation
systems shall not create a hazard to vehicular use areas.
(d) In the event of damage or other mechanical failure, irrigation systems shall
be designed to minimize free flow conditions.
(e) Rain -sensing shutoff switch equipment shall be required on automatic
irrigation systems installed after May 1, 1991, to avoid irrigation during
periods of sufficient soil moisture, in accordance with Florida Law (F.S.
373.62). Such equipment shall consist of an automatic mechanical or
electronic sensing device or switch that will override the irrigation cycle of
the sprinkler system when adequate rainfall has occurred. Such switches
and devices shall be located and installed so that building eaves,
balconies, and similar overhands do not interfere with effective operation
of the device or switch.
(f) Low -volume, drip, trickle, and emitter irrigation is encouraged, primarily for
trees and shrubs, to promote Xeriscape principles.
(g) Irrigation systems shall only be operated before 10:00 a.m., and after 4:00
p.m., or as amended by the State of Florida, Broward County, the City,
and/or South Florida Water Management District regulations. It is strongly
recommended that irrigation systems operate primarily in the early
morning hours after 4:00 a.m. to reduce the likelihood of any horticultural
plant diseases developing. Operation of the irrigation system for
maintenance, repair, turf grass installation for new construction, and
landscape maintenance activities such as required application of water to
apply fertilizer, herbicides, and pesticides shall not be limited to these
hours.
(OL)Minimum Landscaping Requirements
(1) Minimum Development Site Planting Requirements
(a) New developments shall provide plantings within pervious areas of the
development site in accordance with the standards in Table 10-4.6 below,
for the base zoning district in which the development is located and the
size of the lot containing the development.
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Lots greater than 6,000 SF
5 trees and 20 shrubs per 3,000
SF or fraction thereof above
6,000 SF [2] [3]
R-3, MUN, MUC, MUG, NC, BP,
All lots
1 tree and 5 shrubs for every
1-1, 1-2
2,000 SF of pervious area [4]
PF, RC, RR
All lots
1 tree and 5 shrubs for every
1,000 SF of pervious area [4]
NOTES:
SF = square feet
[1] Two of the five trees shall be shade trees, one being in the front half of the lot and one being in
the rear half. A minimum of two trees shall be located in front of the structure.
[2] A minimum of two trees shall be located in front of the structure.
[3] Corner lots greater than 6,000 sf shall require one additional tree and five additional shrubs.
[4] A minimum of 50 percent of the required trees shall be shade trees.
(b) The pervious area not covered by buildings, vehicular use areas,
waterways, and walkways shall be landscaped including but not limited to
turf grass, groundcover, trees, shrubs, and other plant material.
(c) The area between the street pavement and the property line or swale shall
be turf grass or groundcover.
(d) Existing trees and vegetation that are preserved, replaced, or relocated
may be credited towards achieving the minimum landscape requirements
of this section, provided they meet all applicable requirements of §10-
4.4(GK), General Requirements for All Landscaping.
(2) Perimeter and Waterway Frontage Landscaping
(a) Properties in any district, except RE, R-1, and R-2, shall provide three
trees (one of which is a shade tree) for every 40 linear feet or major
fraction thereof, and a continuous hedge along the property perimeter.
This requirement is in addition to the other requirements in this section,
except along street frontages that shall only require two trees (one of
which is a shade tree) and a continuous hedge in addition to the street
tree requirements as described in §10-4.4(N).
(b) MUN, MUC, MUG, NC, BP, 1-1, and 1-2 District properties with main public
right-of-way frontage involving only one perimeter, shall reduce this
requirement to one shade tree in addition to a continuous hedge and the
street tree requirements as described in §10-4.4(N). Corner properties or
double frontage property without store fronts facing it shall not be eligible
for reduction.
(c) Where abutting properties have the same perimeter landscaping
requirement, the perimeter landscaping requirement can be met jointly by
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the abutting property owners and does not have to be duplicated by each
property owner as approved by the Director.
(d) A landscaped area shall be a minimum of ten feet from the property line to
any vehicular use area or permanent structure other than permitted
fences, walls, or landscaping unless specifically required elsewhere in this
Section.
(e) Waterway frontage shall be landscaped the same as the perimeter
requirements stated above. The continuous hedge requirement may be
reduced upon determination by the Director for waterway frontages only.
(3) Buffers
(a) Parking Area Buffers. In all districts except RE, R-1, and R-2, parking
areas that abut the public right-of-way shall be required to install a hedge
planted a minimum of 24 inches high at time of installation and maintained
no higher than 30 inches. Alternatively, a berm 30 inches high shall be
installed to screen such parking area from the public right-of-way.
Appropriate sight triangles shall be maintained.
(b) Buffer Between Multi -Family and Single/Two-Family Residential.
Where multi -family residential property directly abuts single- and two-
family residentially zoned property, a buffer area shall be provided on the
multi -family property. This buffer shall be a minimum continuous depth of
ten feet of landscaped area and shall follow the perimeter and waterway
frontage requirements required in §10-4.4(BL)(2), Perimeter and
Waterway Frontage Landscaping.
(c) Properties Abutting or Across from Right-of-way or Water Body.
Properties that directly abut or are directly across from any public right-of-
way, canal, other water body, or any other separator from any Residential
or RC District, or property zoned open space (including golf courses), shall
provide a buffer area on the nonresidential plot per the standards below.
(i) This area shall be a minimum continuous depth of 25 feet of
landscaped area.
(ii) A solid masonry wall, stuccoed and painted, or earthen berm, or
combination thereof, of at least six feet in height shall be required
within this buffer unless the buffer is within a front yard, along a major
arterial, or along a Broward County collector street.
A. On the side of the wall or earthen berm that abuts the
Residential or RC Districts, or is zoned open spaces
(including golf courses), two trees, one tree being a shade
tree, shall be installed for every 30 linear feet or major
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fraction thereof. Additionally, a continuous hedge shall be
provided.
B. On the side of the wall or earthen berm that is interior to the
nonresidential plot, one shade tree shall be spaced every 40
linear feet. Additionally, a continuous hedge shall be
provided.
C. If a berm is utilized, one continuous hedge shall be installed
at the top of the berm only.
D. If a wall is utilized, it shall contain a door to permit access
necessary for the owners to maintain the required
landscaping material. The nonresidential user is responsible
for maintenance of both sides of any wall. An optional design
or material of such wall may be considered by the Director
as long as such wall is designed to be an architectural
enhancement to the overall property other than strictly for
separation purposes.
(iii) Additional buffer width will be required on property where the building
height is five stories or higher or when the property abuts or is across
a water body from a residential district. In this case, the minimum
width of the buffer shall be 35 feet where there is a water body
separator and 50 feet where there is no water body separator.
(d) SU District Buffers
(i) A landscape buffer consisting of hedges, trees, berms, or walls shall
be installed to provide a visual screen for all lots in the SU district.
Any combination of hedges, berms, and walls shall be at least six feet
in height at the time of installation in order to screen all the special
utility lot from view from any contiguous Residential, Mixed -Use, and
Nonresidential Districts, and recreational uses.
(ii) When fences and wall are used as the visual screen, hedges of 36
inches in height at the time of planting shall be planted outside of
such fence or all.
(4) Pedestrian Zones along Building Fagades. Trees and other plantings
visually and aesthetically buffer and enhance building facades to reduce air
and noise pollution and to conserve energy within the structure.
(a) There shall be a landscaped pedestrian zone along the entire length of all
building walls that are the primary frontage as well as building walls that
face a vehicular use area, excluding sections of such fagade that are
utilized for direct access into the building or the pickup location for the
drive -through.
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(b) These provisions shall be applicable to all zoning districts including all
covered parking structures or multi -level parking garages except single-
family and duplex single-family properties. However, these provisions shall
not be applicable when a building wall faces a dedicated alleyway.
(c) The minimum width of such landscaped zone for all structures shall be
measured from the base of the building to the top of a parapet wall, flat
roof, or the midpoint of the eave and ridge for a slopped roof as follows-
(i) For buildings with heights up to and including 60 feet, the landscape
zone width shall equal 50 percent of the building height or ten feet,
whichever is greater.
(ii) For building with heights greater than 60 feet, the landscape zone
width shall equal not less than 30 percent or more than 50 percent of
the building height as determined by the Director.
(iii) The required width of the landscape pedestrian zone shall exclusive
of any two foot car overhang.
(d) Paved areas in the landscape pedestrian zone may not constitute more
than 50 percent of the width of landscape pedestrian zone or seven feet,
whichever is less.
(e) One tree shall be installed in this zone per each 30 lineal feet, or fraction
thereof, of fagade width.
(f) Trees must be of a size as required by §10-4.4(GK), General
Requirements for All Landscaping.
(g) Trees may be grouped, but there must be a minimum of one tree per
fagade.
(h) The remainder of the landscape area of the zone shall be treated
appropriately with plantings, seating, sidewalks, and other pedestrian
accessways.
(i) Palms may be substituted for trees in landscape zones of limited width.
Palms shall be required at the rate of three palms for each tree that would
otherwise be required under this section and must be grouped together
within the landscape pedestrian zone, unless the Palm species is
designated as a one -for -one substitute.
(j) The Director has the ability to administratively reduce the width of the
landscape pedestrian zone and increase sidewalk width. It must be
demonstrated that the reduced green space is provided elsewhere onsite
and functions to help soften the mass of the structure.
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Figure 10-4.4-1: Pedestrian Zones
(5) Vehicular Use Area Landscaping. Except as otherwise provided by the
provisions of this subsection, all vehicular use areas in all districts shall include
landscaping around and within the vehicular use areas as a means of
mitigating the microclimate and visual aspects as well as providing safe and
secure means for pedestrians to navigate these areas.
(a) Adjacent to Public Rights -of -Way or Private Roadways
(i) On the site of a building or open lot providing an off-street parking
area or other vehicular use area, landscaping shall be provided
between the area and adjacent right-of-way or private roadway as
follows..
(ii) At least a width of 15 feet of landscaping, measured from the property
line to the closest parking stall and a width of 25 feet measured from
the property line to the parallel interior drive aisle, excluding egress
and ingress drives, shall be provided.
(b) Interior Landscaping
(i) An area or a combination of areas, equal to 15 percent of the total
vehicular use area, shall be devoted to interior landscaping.
(ii) Any perimeter landscaping provided in excess of that required by this
Code may be counted as part of the interior landscaping requirement
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as long as such landscaping is contiguous to the vehicular use area
and fulfills the objective of this subsection.
A. Each parking row shall begin and end with a landscaped
island unless the parking row terminates into a required
perimeter or buffer area.
B. For parking rows which provide more than ten parking
spaces, one additional landscaped island shall be provided
for every ten parking spaces. The Director may approve a
greater number of parking spaces between rows based on
unique site constraints.
C. A pedestrian walkway of any kind shall be added to the
overall required width of a landscape parking island to
maintain the minimum continuous nine -foot foot permeable
area to accommodate a shade tree.
Figure 10-4.4-2: Pedestrian Walkway in Landscape Parking Island
D. The location of islands can deviate from the above if the
purpose of this is to preserve existing on site trees as
approved by the Director.
E. Landscaped islands shall be at least ten feet in overall width,
nine feet inside curb permeable area, by 18 feet in overall
length, 16 feet inside curb permeable area and shall have at
least one shade tree.
F. The island shall be covered with turf, mulch, or other living
ground cover.
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G. The soil utilized within parking lot islands must be a minimum
of 36 inches in depth of natural soil not consisting of road
rock, imported fill, or other miscellaneous debris. Any
grassed parking areas shall comply with the parking island
requirements above.
H. Other suitable solutions or innovative designs to reduce heat
and glare from vehicles may be substituted when approved
by the Director, providing that no parking stall is further away
than 50 feet from a tree, measured in a straight line from the
tree trunk. Plans may be submitted showing aggregate
clusters of tree planting equivalent to or greater than the total
area of all required parking islands. These plans must be
reviewed and found acceptable by the Director.
A landscaped area having a width of at least nine feet inside
curb permeable area shall be provided between abutting
parallel rows of parking spaces and shall contain one shade
tree for every 30 lineal feet of landscaped area. The soil
utilized within this area shall be a minimum of 36 inches in
depth of natural soil not consisting of road rock, imported fill,
or other miscellaneous debris. A pedestrian walkway of any
kind shall be added to the overall required width of a
landscape area and shall be located on one side in order to
maintain the minimum continuous nine -foot permeable area
and accommodate the row of shade trees.
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Figure 10-4.4-3: Sign Visibility Triangle
(6) Sight Distance. When an accessway intersects a public right-of-way, or when
the subject property abuts the intersection of two or more public rights -of -way,
a sight visibility triangle shall be provided. The sight visibility triangle shall
provide unobstructed cross -visibility for vehicular, pedestrian and bicycle traffic
at a level between three feet and six feet measured from grade level. The sight
visibility triangles are formed as follows:
(a) The areas of property on both sides of an accessway formed by the
intersection on each side of the accessway and the public right-of-way
line, with two sides of each triangle being 25 feet in length from the point
of intersection and the third side being a line connecting the ends of the
other two sides.
(b) The area of property located at a corner formed by the intersection of two
or more public rights -of -way, with two sides of the triangular area being 30
feet in length along the abutting public right-of-way lines, measured from
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their point of intersection, and the third side being a line connecting the
ends of the other two sides.
(c) Obstructions to be restricted in the sight visibility triangles are found in the
City's Engineering Standards.
(7) Landscape Requirements for Existing Uses
(a) Development Thresholds Requiring Compliance with Landscaping
Requirements. Existing properties, including parking lots, that are not in
compliance with these regulations shall, upon the occurrence of any one
of the following events, be subject to the provisions of this §10-4.4,
Landscaping and Tree Preservation, if:
(i) The total square footage of the vehicular use area is increased by
more than 20 percent; or
(i i) There is a structural addition that increases the combined total gross
floor area of all existing buildings on the property more than 1000
square feet or by 50 percent, whichever is less; or
(iii) Building elevation changes, excluding minor cosmetic items such as
painting, lighting fixtures, awnings, and signs, involving 50 percent or
more of the exterior walls of a roofed structure on the property within
a two-year period. A modification to only part of elevation shall
constitute a change in the entire elevation of that exterior wall; or
(iv) Any tenant change for a stand-alone non-residential structure that
also involves any change to any building elevation, excluding minor
cosmetic items such as painting, lighting fixtures, awnings, and sign
painting; or
(v) Any tenant change for a non-residential structure that is the anchor
tenant of a property that also involves any change to any building
elevation, excluding minor cosmetic items such as painting, lighting
fixtures, awnings, and signs.
In the event an existing property cannot abide by the current provisions of
this Section, if the above actions occur, the Director may require a
property owner to bring the site to current standards to the greatest extent
possible as determined through the Development Review Committee
process.
(b) Existing Parking Lot Compliance
(i) Existing parking lots that do not meet the requirements of this Code
with regards to the size of landscaped parking island dimensions must
increase the size of such islands to meet Code requirements to such
a level that will not substantially reduce actual parking spaces below
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required parking as required by 10-4.3(BL), Off -Street Parking
Requirements, above. The Director shall make this determination
after the Director and property owner have done a complete review of
required parking and existing and proposed uses in the property. This
process will be initiated by criteria detailed in subsection (7) above
regarding nonconforming properties criteria. The following options
may be employed, as an alternative to accomplish this objective:
A. Smaller size trees may be substituted in parking islands as
determined by the Director.
B. Parking islands may be eliminated and grouped to provide
larger parking islands in other areas of the property as
described in the above Section.
C. A combination of the above options may be employed to
maximize the amount of larger islands and maintaining
required parking spaces for the property.
(€M) Screening
Figure 10-4.4.4-4: Dumpster Enclosure Example
(1) Accessory Structures. Generators, air conditioning units, bottled gas tanks,
irrigation pumps, swimming pool pumps and heaters, garbage containers at
ground level, utility boxes, and similar accessory structures shall be screened
with shrubs or an opaque fence on all applicable sides. Shrubs planted for this
purpose shall be in addition to the requirements in Table 10-4.6 above. A
hedge, berm, wood fence, or wall, maintained at a minimum of six inches
above the items to be screened, may be used to satisfy the screening
requirements as approved by the Director.
(2) Dumpster Enclosures. A minimum 24-inch high continuous hedge shall be
provided around any dumpster enclosure except for the access gate and
pedestrian opening. This includes any dumpster used for waste, recycling, or
other purposes.
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(3) Outdoor Storage Areas
(a) Outdoor storage areas that are adjacent to a residential zoning district, a
lot containing a residential use in a mixed -use zoning district, public open
space, public trail, or public street, shall be screened from view by a
vegetative screen or by a solid wall or fence.
(b) The walls or vegetative screen shall be a minimum of six feet in height, but
in any event the walls or vegetative screen shall be higher than the
screened outdoor storage and 100 percent opaque.
(c) The fence or wall design shall incorporate at least one of the primary
materials and colors of the nearest wall of the primary building (but
excluding unfinished CMU block).
(F-N) Street Trees. The following standards shall be required in addition to other tree
requirements in this §10-4.4, Landscaping and Tree Preservation.
(1) General
(a) Non-residential and multifamily property owners may apply for a permit to
plant a tree in the swale area of a public or private street abutting the
property owned by the applicant. The location and species of the tree or
trees shall be approved by the Director.
(b) The property owner shall maintain the tree or trees. The City reserves the
right to disallow trees in the swale that conflict with a public drainage
purpose.
(c) Residents may apply for Minor Site Plan Approval as described in §10-
5.4(H)(3)(f) for tree planting approval within the rights -of -way of local
streets. Costs of trees and installation may be assessed and be paid for by
the respective groups or property owners.
(2) New Development
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kg4ff-eFigure 10-4.4-5: Street Trees
June 28, 2023
Page 43 of 61
(a) One street tree shall be required for every 40 linear feet of separate street
frontage and shall be planted no further than 60 feet and no closer than 15
feet apart.
(b) All street trees are to be placed in the swale area of the public or private
street or a location in accordance with the requirements of this Section in
order to accommodate location of utilities and/or street widening.
(c) Street trees shall be approved shade trees species, unless an alternative
tree species is approved by the Director.
(3) Nonconforming Properties. Nonconforming landscaping on the site of a
remodeled structure, expanded structure, or expanded use area shall comply
with the requirements of this Section to the maximum extent practicable.
(GO) Historic or SpeGiM Trees
(1) The Director may recommend from time to time the designation of certain trees
located within the City as or historic trees based on the criteria
below. The City Manager shall review such recommendation and add thereto
their own comments and recommendations, and the matter shall be presented
to the City Commission for its determination.
a) The tree is located on historically significant property and is related to an
historic event; or
b) The tree is uniquely related to the heritage of the City and/or Broward
County; or
c) The tree is at least seventy-five (75) years old.
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(2) The City Commission shall consider the report of the Director and the
recommendation of the City Manager and shall either accept, modify, or deny
the recommendation.
(3) The City Commission may designate by resolution those trees it deems
appropriate as speCiMeR or historic trees.
(HP) Landscape Maintenance.
(1) All landscaped areas shall be maintained in a live, healthy, and growing
condition, properly watered and trimmed according to the standards below.
(a) All owners of land or their agents shall be responsible for the maintenance
of all landscaping.
(b) All landscaping includes mowing and maintaining abutting rights -of -way,
swales, lakes, and canal banks.
(c) Landscaping shall be maintained to minimize property damage and public
safety hazards, including removal of living, dead, or decaying plant
material, removal of low hanging branches, and those obstructing street
lighting and maintenance of sight distance standards.
(d) Dead or declining plant material considered to be part of a natural habitat
feature located on public property are exempt from these landscape
maintenance provisions except where maintenance is necessary to avoid
damage to public property or to mitigate safety hazards.
(e) There shall be no use of mechanical equipment for the purpose of
maintaining a preserved ecological community, as identified in a natural
resource protection area plan or a development of regional impact, unless
specifically authorized in writing by the Director.
(2) Maintenance Standards. Landscaping shall be maintained in accordance with
the standards below.
(a) Insects and Disease. Landscaping shall be kept free of visible signs of
insect infestation and disease.
(b) Mulching
(i) Three inches of clean, weed -free, approved organic mulch shall be
maintained over all areas originally mulched at all times until
landscaped area matures to one hundred percent coverage. Mulch
must be kept a minimum of six inches from the trunk of any tree. The
use of heat -treated mulch obtained from Melaleuca, eucalyptus, or
other invasive plant species is encouraged in order to reduce their
impact on the environment and to preserve the remaining plant
communities. For this reason, the use of cypress mulch is strongly
discouraged.
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(ii) Mulch shall be maintained in accordance with the standards of §10-
4.4(GP)(32)(b), Mulch.
(c) Mowing and Trimming
(i) Landscaping shall be weeded, mowed, pruned, and/or trimmed in a
manner and at a frequency so as not to detract from the appearance
of the general area.
(ii) Turf grasses shall be mowed by removing no more than one-third of
the leaf blade at each cutting.
(iii) St. Augustine and Bahia turf shall be mowed at a height no less than
three inches.
(iv) All public rights -of -way, curbs, and sidewalks shall be edged to
prevent encroachment from the adjacent turfed areas. Line trimmers
shall not be used to trim turf abutting trees or other plant material.
(d) Pruning
(i) General
A. All property owners or their agents must prune trees in
accordance with ANSI A-300, as amended from time to time.
Any pruning performed without conformance to these
standards shall be subject to enforcement by the City.
B. All tree pruners who provide services in the City shall hold a
valid local business license in Broward County as well as a
valid Broward County tree trimmer license.
C. If pruning is deemed tree abuse per §10-4.4(fP){31), Tree
Abuse, and causes tree removal, a Tree Removal License
shall be required from
5.4(M), Tree R o„�! L-iGense the City.
D. Any landscaping found growing into public rights -of -way shall
be pruned at a minimum to the vertical clearances below-
1 . Eight and a half feet above sidewalks;
2. 14 feet above local and collector streets; and
3. 18 feet above arterial streets.
E. Any landscaping found growing into a canal right-of-way
shall be pruned to provide a minimum vertical clearance of
eight feet above the mean water level or top of seawall.
F. Topiary pruning of shade and small trees by shearing or
trimming into an unnatural shape, such as round like a
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Temp. Ord. No. 2530
June 28, 2023
Page 46 of 61
lollipop, is not prohibited, but strongly discouraged. Trees
pruned in this manner will not be counted towards fulfilling
the minimum landscape requirements outlined in this
Section.
(ii) Exemptions
A. The removal of diseased or dead portions, such as palm
fronds, of one tree that does not result in said tree creating a
threat to public safety or adjacent property is allowed.
B. The removal of an interfering, obstructing, or weak branch of
a tree such that it does not result in said tree creating a
threat to public safety or adjacent property is allowed.
C. Pruning to reduce or eliminate interference with or
obstruction of street lights, stop signs, or traffic signals is
allowed provided tree abuse does not occur per §10-
4.4(M)(31), Tree Abuse.
D. Failure to remove or properly prune a tree damaged by a
natural disaster within 30 days shall be a violation of this
Code.
(e) Maintenance of Irrigation Systems
(i) Irrigation systems shall be maintained and promptly repaired to
eliminate water loss due to damaged, missing, or improperly
operating sprinkler heads, emitters, pipes, and other parts necessary
for a fully functioning irrigation system.
(ii) Irrigation systems shall be designed, installed, and maintained to
minimize application of water to impervious areas and/or so as not to
create a hazard to vehicular use areas.
(iii) Low -volume, drip, trickle, and emitter irrigation is encouraged to
promote good Xeriscape principles where applicable.
(iv) A functioning rain sensor/shutoff device shall be required on all
irrigation systems installed after May 1, 1991, as mandated by F.S.
§373.62.
(v) In order to reduce the amount of water lost to evaporation, irrigation
systems shall be operated between the hours of 4:00 p.m. and 10:00
a.m. only, or as amended by state, county, city and/or South Florida
Water Management District regulations. It is furthermore strongly
recommended that irrigation systems operate primarily in the early
morning hours after 4:00 a.m. to reduce the likelihood of any
horticultural plant diseases developing. Operation of the irrigation
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Temp. Ord. No. 2530
June 28, 2023
Page 47 of 61
system for maintenance, repair, sod installation for new construction
and landscape maintenance activities (such as required application of
water to apply fertilizer, herbicides and pesticides) is not limited to
these hours.
(vi) The duration that zones are operated should be adjusted to reflect the
size of the zone as well as the needs of the plant material in the zone.
Unnecessary and excessive watering can promote root rot and other
plant diseases.
(vii) Under drought conditions, compliance with the watering restrictions of
the South Florida Water Management District is required.
(f) Golf Course Landscaping and Maintenance. Any site upon which a golf
course is developed shall be landscaped and maintained in a neat and
clean, live, healthy, and growing condition, adequately watered and
trimmed, free of any structure, refuse, or debris. Golf course design should
aim to preserve and support existing natural features, including multiple
vegetation types not just turf grass. Utilizing more natural, less resource -
intensive non -turf and transitional vegetation can encourage more
biodiversity and decrease habitat fragmentation.
(g) Replacement Requirements and Enforcement
(i) Improper maintenance shall include, but not be limited to, tree abuse,
failure to supply adequate water, failure to replace missing or deficient
landscaping, failure to maintain landscaping so as to meet the intent
of the landscape code, such as buffering.
(ii) Landowners or their agents shall be responsible for ensuring that
plant material required by this Section, or installed pursuant to a
landscape code previously in effect, are replaced if such plant
material dies, or are abused, following the issuance of a Certificate of
Occupancy. The owner shall have 45 days to install the required
landscaping.
(iii) In the case of improper maintenance of any landscaping, the owner or
agent shall desist immediately, and shall replace or repair all
damaged landscaping, at the discretion of the City Department.
(iv) Preserved vegetation which dies following the issuance of a
Certificate of Occupancy shall be replaced with the equivalent
replacement of plant material.
(v) Prohibited plant species shall not be replaced in -kind, but shall be
replaced with a similar plant species approved by the City
Department.
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Temp. Ord. No. 2530
June 28, 2023
Page 48 of 61
(vi) Any planting of turf grasses, shrubs, or trees which become dead or
badly damaged shall be replaced with similar sound, healthy plant
materials. The diameter of the replacement tree shall be equal to or
greater than the diameter of the abused tree. More than one tree may
be utilized for replacement if the aggregate sum of the diameters of
the replacement trees is equal to or greater than the diameter of the
abused tree.
(vii) Each replacement tree shall be on the approved tree list. The
equivalent replacement trees shall be Florida No. 1 quality or better.
Each replacement tree shall have the largest diameter commercially
available in Dade, Broward, and Palm Beach counties for the tree
species selected, provided that no replacement tree shall have a
diameter of less than three inches. Diameter measurements shall be
made at four and a half feet above the ground.
(viii) Replacement trees shall be installed onsite. In the event the site
cannot accommodate all required replacement trees, the remaining
replacement trees shall be installed on public lands if approved by the
enforcement agency and the applicable jurisdiction that owns such
lands.
(ix) Remedial actions and replacement required under this Section shall
be completed within established time frames through the City's code
enforcement procedures. The enforcement agency may require the
violator to immediately undertake remedial actions in the event the
abused tree is an immediate threat to the public or property.
(x) Any violations of this subsection shall be referred to the code
enforcement division for enforcement. Each individual tree which is
missing, removed, or damaged shall be considered a separate
violation. In addition, any other missing, removed, or damaged
landscaping shall be considered as additional violations. Each day
such failure or neglect continues shall be deemed a separate offense.
Violator shall mean a person who violates this Section. The owner of
property upon which the abused tree is located shall also be deemed
a violator if the tree abuse is undertaken by the owner's employee,
agent or person under the owner's control.
(xi) Missing, damaged, or removed irrigation (where required) shall also
be considered a separate violation of this Code. Each day such failure
or neglect continues shall be deemed a separate offense.
(h) Root Systems
(i) Complete removal of root systems and stumps is required to the
greatest extent possible, as applicable.
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Temp. Ord. No. 2530
June 28, 2023
Page 49 of 61
(ii) Root pruning must be done so as to not irreparably damage the tree if
it creates a safety hazard.
(i) Emergencies and Utilities
(i) In emergencies such as floods, hurricanes, or other disasters, or in
cases where a fallen tree is interrupting service or is limiting access to
utility facilities, the requirements for implementing ANSI A-300 shall
not apply to utility companies.
(ii) Failure to remove or properly prune a tree damaged by a natural
disaster within a reasonable period of time corresponding to the
severity of the disaster as determined by the Director shall be a
violation of this Code.
(iii) The Hazard Pruning Standards and the Crown Reduction Standards
of the American National Standards Institute apply to utility
companies' tree pruning activities.
(IQ) Tree Preservation
(1) Tree Preservation. The following minimum standards shall apply to all trees
designated for preservation from damage during development activities.
(a) Land designated for conservation by Broward County or the City shall be
exempted from this section.
(b) No impervious surface including but not limited to paving or buildings, shall
be located within the dripline of any tree proposed for preservation.
(c) Retaining walls and dry wells shall be utilized where needed to protect
trees from severe grade changes.
(d) For shallow fills, all fill material shall be gently sloped down to the level of
the tree roots leaving the tree in a depression larger than the spread of its
crown.
(e) No parking, vehicle maintenance, storage of construction materials or
debris, or cleaning of equipment shall occur within areas marked for
preservation, including but not limited to the dripline of any individual tree.
(f) In areas of unique natural or unusual vegetation, both the understory and
the trees shall be preserved. Any alteration or mitigation are subject to the
natural resource protection provisions of §10-4.8 of the City Code.
(g) Trees to be preserved shall be designated as such in either a Tree
Removal License approved by Broward County or a tree protection plan
approved by the Gity Department.
(h) Prior to any clearing of improved, vacant, or unimproved land, unless
specifically exempted from this section, trees to be preserved shall have
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Temp. Ord. No. 2530
June 28, 2023
Page 50 of 61
barriers constructed around them to prevent physical damage from heavy
equipment and other activities incidental to development.
(2) Barriers and Barricades
(a) Encroachment into any barricade area shall be prohibited with the
exception of activities specifically permitted by an approved tree permit
including dripline encroachment plan. Required barriers shall be subject to
inspection prior to any clearing by the City or Broward County as a
condition of permit approval.
(b) Barriers or barricades shall be:
(i) Large enough to encompass the entire area inside the dripline of the
tree;
(i i) Noticeable and tall enough to be clearly visible to equipment
operators;
(iii) Constructed of sturdy four by four scrap wood, or other sturdy
material as approved by Broward County or the City. Flags and
ribbons are not permitted as the sole barrier but can be utilized to
increase visibility of the study material;
(iv) Constructed as a condition of the issuance of any land clearing,
building, or development permit;
(v) Constructed prior to any construction or other development activities,
and are required to remain in place through the construction period;
and
(vi) Completely removed from the site at the end of the construction
period immediately prior to the issuance of a Certificate of Occupancy
by the City, unless otherwise stipulated in the approved tree removal
license.
(c) Underground Utility Lines
(i) Underground utility lines shall, to the maximum extent possible, be
routed around the outside of the dripline of existing non -prohibited
and noninvasive root systems and trees.
(ii) A tunnel made by a power -driven soil auger may be used under the
tree, as an alternative subject to approval by the City.
(d) Fences and Walls
(i) Installation of fences and walls shall not conflict with the root systems
of existing trees. Post -holes and trenches close to trees shall be dug
by hand and adjusted as necessary to avoid damage to major roots.
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Temp. Ord. No. 2530
June 28, 2023
Page 51 of 61
(ii) Continuous footers for masonry walls shall be ended at the point
where major or large roots are encountered and those roots shall be
bridged.
Mr
NOW M
- 111-- -
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Temp. Ord. No. 2530
June 28, 2023
Page 52 of 61
-_.. ----
----
- - - -
M.
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Mel
.... . . .... I . M.. .
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- -
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WIN
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Temp. Ord. No. 2530
June 28, 2023
Page 53 of 61
(R) Stop Work Orders: Whenever any work is being done by a person not in
compliance with §10-4.4, a Code Enforcement Officer may order that work be
stopped and such persons performing such work shall immediately cease such
work. The work may not resume until such time as the person is in compliance with
§ 10-4.4.
(dS) Approved Palm and Tree Lists. The Director may grant special written permission
to allow the planting of trees, other than those listed in the tables below, to meet the
minimum landscape requirements. Such request shall be submitted in writing with
supporting documentation. Written approval for such deviation shall be obtained
prior to the planting of such trees or shrubs. Only small Palm and trees approved by
the Director shall be used under power and utility lines.
(1) Palm Trees
Table 0- Approved P
Common Name
Latin Name
Alexandra Palm
Archontophoenix alexandrae
Bismarck Palm
Bismarckia nobilis
Bottle Palm
Hyophorbe lagenicaulis
Cabbage Palm
Sabal palmetto
Canary Island Date Palm
Pheonix canariensis*
Carpentaria Palm
Carpentaria acuminate
Ch*nes Fan Pal...
LivistenG chin
Coconut Palm
Cocos nucifera*
Date Palm
Phoenix dactylifera
Florida Silver Palm
Coccothrinax argentato
Florida Thatch Palm
Thrinax radiata
Foxtail Palm
Wodyetia bifurcate
Key Thatch Palm
Thrinax morrisii
Majesty Palm
Ravenea glauca
Medjool or Zehedi Palm
Phoenix dactylifera*
Montgomery Palm
Veitchia montgomeryana
Paurotis Palm
Acoelorrhaphe wrightii*
Pindo Palm
eutia capitata
�Qowl..-,
r-r-vrr,�
Royal Palm
Roystonea elata*
Screw Pine
Pandanua utilis*
Senegal Date Palm
Phoenix reclinota*
Silver Palm
Coccothrinax argentata
Selma'. - Pal...
Spindle Palm
Hyophorbe verschaffeltii
Sunshine Palm I
Veitchia modanielsii
Thatch Palm
Thrinax radiate
Triangle Palm
Dypsis decaryi
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Temp. Ord. No. 2530
June 28, 2023
Page 54 of 61
Windmill Palm
Trachycarpus fortunei
Winin Palm
Veitchia winin
NOTES:
Shaded Green = Florida Native Species
*May be used on a one for one basis.
(2) Shade Trees
Table 0-4Approved.
Common Name
Latin Name
Bald Cypress
Taxodium distichum*
Beautyleaf
Colophyllum spp.*
Bridalveil
Coesalpinia granadillo*
Floss Silk Tree
Chorisia speciosa
Golden Rain Tree
Koelreuteria formosana
Golden Shower
Cassia fistula*
Green Buttonwood
Conocarpus erectus*
Gumbo Limbo
Bursera simaruba*
Indian Tamarind
Tamarindus indica
Jacaranda
Jacaranda mimosifolia
Jamaican Dogwood
Piscidia piscipula*
Kapok Tree
Ceiba pentandra
Laurel Oak
Quercus laurifolia*
Live Oak
Quercus virginiana*
Mahogany
Swietenia mahogany*
Mastic
Sideroxylon foetidissimum
Orchid trees
Bauhinia spp.
Paradise Tree
Simaruba glauca
Pigeon Plum
Coccoloba diversifolia*
Pink Trumpet
Tabebuia heterophylla
Pond Cypress
Taxodium ascendens
Pongam
Pongamia pinnata
Queen's Crape Myrtle
Lagerstroemia speciosa
Red Bay
Persea borbonia
Red Maple
Acer rubrum*
Red Silk Cotton Tree
Bombax ceiba
Royal Poinciana
Delonix regia*
Rusty Fig
Ficus rubiginosa*
SapGdi4a,
*
Sea Grape
Coccoloba uvifera
South Florida Slash Pine
Pinus elliottii var. densa
Shortleaf Fig
Ficus citrifolia
Spanish Cherry
Mimusops elengi*
Strangler Fig
Ficus aurea
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June 28, 2023
Page 55 of 61
Sugarberry
Celtis laevigato
Sweetgu m
Liquidambar styraciflua
Sycamore
Platanus occidentalis*
Wild Tamarind
Lysiloma bohamensis*
Willow Bustic
Dipholissalicifolia
Yellow Poinciana
Peltophorum spp.*
NOTES:
Shaded Green = Florida Native Species
*Only trees allowed for Street Trees per Section (FN) above.
(3) Small Trees. Trees listed in Table 10-4.9: Approved Small Trees, shall be used under power and utility
lines.
Table 10-4.9: Approved Small Trees
Common Name
Latin Name
Allspice
Pimento dioica
Apple Blossom Shower
Cassia jovanica
Black Calabash
Amphitecna latifoli
Black Ironwood
Krugiodendron ferreu
Black Sapote
Diospyros digyna
Blolly
Guapira discolor
Bottlebrush, Upright and Weeping
Callistemon spp.
Brush Cherry
Syzygium paniculata
Buckthorn
eumelia spp
Carambolla
Averrhoa corambola
Cassia
Cassia surattensis/beariana
Cherry Laurel
Prunus caroliniana
Citrus Trees
Citrus spp.
Crape Myrtle
Lagerstomia indica
Dwarf Poinciana
Caesalpinia pulcherrima
Dahoon Holly
Ilex cassine
East Palatka Holly
Ilex attenuate "East Palatka"
Fiddlewood
Citharexylum fruticosum
Frangipani
Plumeria spp.
Geiger trees
Cordia spp.
Glossy Privet
Ligustrum lucidum
Guiana Plum
Drypetes lateriflora
Inkwood
Exothea paniculata
Jamaican Caper
Capparis cynophollophora
Japanese Fern Tree
Filicium decipiens
Jatropha
Jatropha spp.
Krug's Holly
Ilex krugiona
Lancewood
Ocotea coriacea
Lignum-Vitae
Guaiacum sanctum
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June 28, 2023
Page 56 of 61
Long Stalked Stopper, Magroveberry
Psidium longipes
Longan
Euphoria Longan
Loquat
Eriobotrya japonica
Lychee
Litchi chinensis
Madagascar Olive[1]
Norhonia emorginata
Marlberry
Ardisia escallonoides
Mimusops
Manilkara roxburghiana
Myrsine
Myrsine guianensis
Persimmon
Diospyros virginiana
Pitch Apple
Clusio rosea
Pond Apple
Annona glabra
Powder Puff
CQlliondra haematocephala
Red Mulberry
Morus rubra
Sabicu
Lysiloma sabicu
Sand Pine
Pinus clausa
Satin Leaf
Chrysophyllum oliviforme
Silver Buttonwood
Conocarpus erectus
Simpson's Stopper
Myrcianthes fragrans
Snail Seed
Cocculus laurifolius
Soapberry
Sapindus saponaria
Southern Magnolia
Magnolia grandiflora
Southern Red Cedar
Juniperus virginiana
Spicewood
Calyptranthes pallens
Stoppers
Eugenia spp.
Sweet Acacia
Acacia fornesiana
Sweet Bay
Magnolia virginiana
Varnish Leaf
Dodonea viscos
Verawood
eulnesia arborea
Wax Myrtle
Myrica cerifer
Weeping Podocarpus
Podocarpus grocilior
Yaupon Holly
llexspp
Yellow Elder
Tecoma stans
Yellow Tabebuia
Tabebuia caraiba
NOTES:
Shaded Green = Florida Native Species
*Only trees allowed for Street Trees per Section (i`N) above.
[1] Olive trees shall not be used in vehicular use areas.
Table 10-5.0 Recommended Trees for Canopy Replacement Category 1 Trees 12 ft
Minimum Height, 2.0 Inch Caliper - Replacement Canopy Area Credit: 300 square feet
Common Name
Latin Name
*Bald cVpress
Taxodium distichum
Black olive
Terminalia buceras
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June 28, 2023
Page 57 of 61
Brazilian beaut leaf
Calophyllum brasiliense
Flame bottle tree
Brach chiton acerifolius
Floss silk tree
Chorisia s eciosa
Golden shower tree
Cassia fistula
*Green buttonwood
Conocar us erectus
*Gumbo limbo
Bursera simaruba
Indian tamarind
Tamarindus indica
Jacaranda
Jacaranda mimosifolia
Ka ok tree
Ceiba pentandra
*Laurel oak
Quercus laurifolia
*Live oak
Quercus vir iniana
*Ma nolia
Ma nolia randiflora
*Mahn a ny
Swietenia maho ani
*Mastic
Sidereox Ion foetidissimum
*Paradise tree
Simarouba glauca
*Pitch a-pple
Clusia rosea
*Pond cvoress
Taxodium ascendens
Rainbow eucalyptus
Eucal tus de lu to
*Red ma le
Acer rubrum
*Red mulberry
Morus rubra
Red silk cotton tree
Bombax ceiba
Rusty leaf fig
Ficus rubi inosa
Royal poinciana
Delonix re is
*Sea gape
Cocolloba uvifera
*Shortleaf fig
Ficus citrifolia
*Slash pine
Pinus elliottii var. densa
!agqaberry
Sa indus sa onaria
Spanish cherry
Mimuso s elen i
*Strangler fiR
Ficus aurea
*Su arberr
Celtis laevi ata
weet ba
Magnolia vir iniana
Weeping odocar us
Podocar us racilior
*Wild tamarind
L siloma latisili uum
*Willow bustic
Di holis salicifolia
Yellow Poinciana
Pelto horum pterocarpum
*Native to Florida
Table 10-5.1 Category 2 Trees 8-Foot Minimum Height Replacement Canopy Area
Credit: 150 square feet, Greater than or equal to 10 ft Minimum Height replacement
Canopy Area Credit: 200 square feet
Common Name
Latin Name
African tulin tree
S athodea cam anulata
Black sa ote
Diospyros din a
Bridalveil
Caesal inia granadillo
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Page 58 of 61
Buttercup tree
Cochlos ermum vitifolium
*Buttonwood silver
Conocar us erectus var. sericeus
*Cherry laurel
Prunus caroliniana
*Crabwood
G mnanthes lucida
CurlLpod
Caesal inia mexicana
*Dahoon holly
Ilex cassine
*East Palatka holly
Illex x attenuata
*Fiddlewood
Citharex lum fruticosum
Florida lilac
Lonchocar us violaceus
Fran i ani
Plumeria s
Glaucous cassia
Senna surattensis
Inkwood
Exothea aniculata
*Guiana olum
Drypetes lateriflora
*Jamaica do wood
Piscidia gjsci ula
Japanese Blueberry
Elaeocar us deci iens
*Kru 's holly
Ilex kru iana
*Lancewood
Nectandra coriacea
Lon an
Eu horia Ion an
Lo uat
Eriobotr a 'a onica
_Lychee
Litchi chinensis
Mada ascar olive
Noronhia emar inata
Orange geiger
Cordia sebestena
*Persimmon
DiospvroLyir iniana
*Pigeon plum
Coccoloba diversifolia
Pink trumpet tree
Tabebuia hetero h Ila
*Pond apple
Annona glabra
Queen's cra e-m rtle
La erstroemia s eciosa
*Sand ine
Pinus clausa
*Satinleaf
Chrysophyllum oliviforme
Sausage tree
Ki elia pinnata
Small -leaf clusia standard
Clusia guttifera
*Southern red cedar
Juniperus silicicola
*Sweet um
Li uidambar st raciflua
Tree of gold
Tabebuia caraiba
Verawood
Bulnesia arborea
White geiger
Cordia boisseri
*Native to Florida
Table 10-5.2 Category 3 Trees 6-Foot Minimum Height For Trees 6 Foot Clear Trunk
For Palms Replacement Canopy Area Credit: 100 square feet
Common Name
Latin Name
Allspice
Pimenta dioica
*Bahama stron back
Bourreria succulenta
Beach acacia
cacia c ano h Ila
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Bismarck palm
Bismarckia nobilis
*Black ironwood
Kru iodendron ferreum
*Bloll
Gua ira discolor
*Brush cherry
S z ium paniculatuM
*Cabbaize Dalm
Sabal palmetto
Canary Island date palm
Phoenix canariensis
Coconut palm
Cocos nucifera
*Coco lum
Chr sobalanus icaco
Coral bean
Er thnna spp.
Crape -myrtle
La erstroemia indica
Greenheart
Colubrina arborescens
*Jamaica caper
Capparis c no hallo hora
*Li num vitae
Guaiacum sanctum
Li ustrum
Li ustrum is onicum
Macadamia nut
MacadqMjLsipL
*Redberry stopper
Eugenia confusa
*Marlberr
Ardisia escallonioides
-Royal palm
Ro stonea s
Satake paIM
Satakentia liukiuensis
*Simpson stopper
M rcianthes fra rans
Snailseed
Cocculus laurifolius
*Soldierwood
Colubrina elli tics
*Spanish stopper
Eugenia foetida
*Sweet acacia
Vachellia farnesiana
*Wax m rtle
M rica cerifera
White tabebuia
Tabebuia bahamensis
Wild date pal.M
Phoenix s Ivestris
*Wild lime
Zanthox lum fa ara
,Yellow geiger
Cordia lutea
*Native to Florida
10-5.3 Category 4 Palms 6 ft Minimum Clear Trunk Replacement Canopy Area Credit:
50 square feet
Common Name
Latin Name
Alexandra p9lm
Archonto hoenix alexandrae
Bottle_palm
H o horbe la enicaulis
Carpenter Palm
Carpentaria acumenata
Date alm
Phoenix dact lifers
*Florida cherr alm
Pseudophoenix sar entii
*Florida silver alm
Coccothrinax ar entata
*Florida thatch palm
Thrinax radiata
Foxtail palm
Wod etia bifurcata
*Paurotis alm
coelorrha he wri htii
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Pindo palm
Butia ca itata
Red latan alm
Latania lontaroides
Triangle palm
Dypsis decar i
Windmill palm
Trachycarpus fortunei
*Native to Florida
SECTION 3. It is the intention of the City Commission of the City of Tamarac that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered,
re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other
word or phrase to accomplish such intention.
SECTION 4. That all Ordinances or parts of Ordinances, Resolutions, or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 5. Should any section, provision, paragraph, sentence, clause of
word of this Ordinance or portion hereof be held or declared by any court of competent
jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as
eliminated and shall not affect the validity of the remaining portions or applications of this
Ordinance.
SECTION 6. This Ordinance shall become effective upon adoption.
"The remainder of this page is left blank intentionally"
CODING: Words in striketFeuo type are deletions from existing law; Words in
underlined type are additions.
�"
Temp. Ord. No. 2530
June 28, 2023
Page 61 of 61
PASSED, FIRST READING this 11441- day of vA- , 2023.
44- PASSED, SECOND READING this d day of 12023.
4b)jL �r6" z
MICHELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
DIST 1:
V/M BOLTON
DIST 2:
COMM WRIGHT
DIST 3:
COMM VILLALOBOS
DIST4:
COMM. DANIEL
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: V/M. BOLTON.
DIST 2: COMM. WRIGHT Li
DIST 3: COMM VILLALOBOS
DIST 4: COMM. DANIEL
ATTEST:
KIMBERLY bILLON, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF TAMARAC ONLY:
HANS OTTINOT
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk on this A day ofj,,g 2023.
CODING: Words in strike thro u^h type are deletions from existing law; Words in
underlined type are additions.