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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2008-013Temp Ord. No. 2163 September 24, 2008 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. /3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF TAMARAC BY SPECIFICALLY AMENDING CHAPTER 11 ENTITLED "LANDSCAPING" FOR THE PURPOSE OF ENSURING THE CODE OF ORDINANCES IS CONSISTENT WITH CURRENT INDUSTRY STANDARDS; PROVIDING FOR AN ENHANCED PURPOSE AND INTENT; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR A REVISION TO MINIMUM LANDSCAPE REQUIREMENTS; PROVIDING FOR ADDITIONAL REQUIREMENTS ASSOCIATED WITH THE MAINTENANCE OF IRRIGATION SYSTEMS; PROVIDING FOR MINIMUM STANDARDS FOR TREE PROTECTION; PROVIDING FOR REVISIONS TO THE LANDSCAPE REQUIREMENTS IN ZONING DISTRICTS; PROVIDING FOR PERIMETER LANDSCAPING REQUIREMENTS; PROVIDING FOR LANDSCAPING WITHIN PEDESTRIAN ZONES ALONG BUILDING FACADES; PROVIDING FOR LANDSCAPE REQUIREMENTS FOR EXISTING USES; AMENDING CHAPTER 24 ENTITLED "ZONING" TO DELETE INCONSISTENT PROVISIONS; AMENDING CHAPTER 10 ENTITLED "LAND DEVELOPMENT REGULATIONS" BY DELETING SECTIONS 10-47, 10- 79, 10-311, 10-312, 10-313, 10-314, 10-315, 10-316, 10-317, 10-318; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac (hereinafter referred to as the "City"), in an effort to codify and revise the City's long-standing procedure to enforce the City's Code of Ordinances, seeks to amend Chapter 11 in its entirety, entitled "Landscaping"; and WHEREAS, the City recognizes a need to improve this code section and bring it into current industry standards; and Coding: Words in StFilfe thFeu type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 2 WHEREAS, the City recognizes a need to regulate increased required landscaping; and WHEREAS, the City recognizes that by amending Chapter 11 entitled "Landscaping" it is entirety will provide better readability for all users of the Code of Ordinances of the City; and WHEREAS, the Director of Community Development recommends approval of this amendment; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to amend Chapter 11 entitled "Landscaping" in its entirety of the Code of Ordinances of the City of Tamarac, Florida in an effort to bring this code section into current industry standards, to regulate increased required landscaping and to provide better readability for all users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: That the City of Tamarac Code of Ordinances Chapter 11 "Landscaping" in its entirety is hereby amended to read as follows: Coding: Words in strike threugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 3 Chapter 11 "LANDSCAPING" *Editor's note: Ord. No. 93-15, § 2, adopted June 24, 1993, repealed §§ 11-1-- 11-11, 11-26 and 11-27, the substantive sections of former Ch. 11, landscaping, and § 3 of the ordinance enacted similar new provisions as set out herein. Formerly, such provisions derived from §§ 6-1(a), (b), 6-12--6-17, 6-28, 6-42, 6- 49 and 17-11 of the city's 1975 Code, as amended by Ord. No. 91-32, §§ 1--7, adopted Oct. 9, 1991; and Ord. No. 92-30, § 1, adopted June 10, 1992. Cross references: Code enforcement board jurisdiction, § 2-71 et seq.; the department of community development shall review all landscape plans for compliance with applicable laws and regulations, § 2-243; buildings and building regulations, Ch. 5; irrigation plans, § 5-96 et seq.; regulations regarding swimming pools, § 5-146 et seq.; regulations regarding exterior trash container enclosures, § 5-166 et seq.; open burning restricted, § 7-54; flood prevention and protection, Ch. 8; health, sanitation and nuisances, Ch. 9; required improvements and maintenance of property, § 9-36 et seq.; regulations for trash, weeds and wild growth, etc., § 9-56 et seq.; land development regulations, Ch. 10; landscape plans for final site development plan, § 10-79; land development regulations improvements required, § 10-151 et seq.; trees, shrubbery and lawns in city parks, § 15-83; planning and development, Ch. 17; signs and advertising, Ch. 18; solid waste, Ch. 19; streets and sidewalks, Ch. 20; procedure for excavations, cutting curbs, etc., in the streets of the city, § 20-41 et seq.; curbs and gutters in city streets, § 20-61 et seq.; restrictions on placement and maintenance of shrubbery and trees in rights - of -way and easements, § 20-114; subdivisions, Ch. 21; zoning, Ch. 24. Sec. 11-1. Purpose and intent. The purpose of these landscaping regulations is to improve and maintain the environmental and visual character of the city for Tamarac citizens and residents and workers to use and enjoy; and: (1) To establish minimum standards for landscaping and open space when new development occurs; to ensure that landscaping is an integral part of every development; (2) To preserve and conserve existing landscaping and natural vegetation; (3) Te pF¢teet and eens ^f dFeught and flood tolerant plant maternal (meFO86ape plants); To Promote xeriscape landscape principles by using drought -tolerant Rants, _grouping plant material by water requirements, using irrigation _ systems that conserve water, maximize the use of appropriate mulch and limit the amount of fertilizer used; Coding: Words in StFike thFeugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 4 (4) To promote the use of drought -tolerant trees and shrubs for energy conservation by encouraging cooling through the provision of shade and the channeling of breezes, thereby helping_ to offset global warming and local heat island effects; (5) To contribute to the processes of air movement, air purification, oxygen regeneration, ground water recharge, and stormwater retention, while aiding in the abatement of noise, glare, heat, air pollution and dust generated by major roadways and intense use areas; n To improve the aesthetic appearance of commercial, _industrial and residential development through the use of well maintained, drought - tolerant plant material, thereby protecting and increasing property values within the city while also conserving South Florida's precious freshwater resources; (7) To promote the principle of planting the right tree or plant in the right place to avoid problems such as clogged sewers, cracked sidewalks and power service interruptions; (4) M To create and preserve wildlife habitats; (6) M To require the necessary placement and maintenance of landscaping for public safety; (-6) (10) To maintain, preserve, expand and enhance the existing tree canopy in the city; M (11) To protect the natural environment and beauty of the city by regulating the unnecessary destruction, removal, damaging or removal of desirable trees and plant life; (12) To eliminate invasive plant species, as listed by the Florida Exotic Plant Council's List of Invasive Plant Species, amended from time to time, and encouraging the use of native plant material in the City's natural areas and urban landscape areas; and (8)(13) To establish procedures and standards for the administration and enforcement of this chapter. (Ord. No. 93-15, § 3, 6-24-93) Sec. 11-2. Applicability. (a) This chapter shall apply to all new development in the city and shall be applied at sueh time that any deyelopment permit is seught in whieh the peryieus area of any given plot is proposed te be alteFed. to existing development per section 11-10 of this chapter. Coding: Words in strike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 5 M Thms seetien ef the Code shall apply to existing develepment and te sate plans appFeved PFieF t •C�Rm�24, 1993, if the "geyeF Ting sit an is appFaved as amended by the eity- (e) (b)_ No certificate of occupancy, permanent or temporary, shall be issued by the city unless the landscaping requirements are met as evidenced by a eeFtIfleate of eempletien issued and signed by the an approved final landscaping inspection by the City_ c No certificate of occupancy will be issued for any development or redevelopment activity that involves the addition or deletion of landscaping other than in a residential single family, two family or du lex family zoning district_ without an as -built landscape plan. (d) These regulations apply to all public and private development. III IM RIM, NO J■'i� (Ord. No. 93-15, § 3, 5-24-93) Sec. 11-3. Definitions. The following terms and words shall have the meanings herein prescribed: Accessway means a private vehicular roadway or driveway intersecting a public right-of-way. Berm means a natural or constructed earthen mound used in landscape design to provide a barrier to visual views and noise and to provide a feature of interest or decoration or to provide other buffering functions. Buffer means a continuous area of land along the perimeter of a plot, lot, parcel or tract in which landscaping is used to provide a transition between one (1) type of land use and another or one (1) intensity or density of use to another. Building area means the building footprint and any other areas in which structures or impervious areas are placed on a lot, plot or parcel. Caliper means diameter of a tree trunk measured at four and one-half (4 1/2) feet above grade. Canopy means the upper portion of a tree consisting of limbs, branches and leaves. Coding: Words in GtFiL�� type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 6 City means the City of Tamarac, the code enforcement and community development departments and/or other departments designated by the city manager to enforce this landscape code. City master landscape plan means the adopted (1996) master landscape plan on file for review at the city community development department and city clerk's office which provides design guidelines and recommendations for streetscape improvements within certain identified vehicular and pedestrian public or private R.O.W. corridors, including medians, swales, entranceways and intersections. Clear trunk means the point above the root ball along the vertical trunk or trunks of a tree at which lateral branching or fronds begin. Crown spread means the outermost branches of a tree in all directions. DBH Diameter at breast height. The measurement of a tree's trunk diameter in inches at breast height (four and one-half (4 1/2) feet above ground level). For trees with less than four and one-half 4 1/2 feet of clear trunk diameter shall be of the largest leader measured four and one-half (4 _1/2)_ feet above ground level. For multi -trunk trees it shall be the sum of the diameter of the individual trunks measured four and one-half 4 1/2 feet above ground level. Developer means any person, including a governmental agency, undertaking any development as defined by F.S. Ch. 380.04, as amended from time to time. Drip line means a vertical line extending from the outermost branches of a tree to the ground however, that the same shall not be less than a circle with a five- foot radius measured from the center of the tree. Dri line encroachment Any activity that has the effect of causing soil compaction, iniu to lower limbsgrade change, contamination of soil or damage to the root system. Specifically, this definition shall include acts such as parking of vehicles use of heayy earth moving or grading equipment, placement of construction materials, excavation and filling, trenching, and the exposure of paints,oils, or chemicals within a tree's dri line. Specifically excluded from this definition are routine maintenance activities such as mowing or walking within the tree's drioline. Equivalent replacement „ eans a tFee OF +Fees whieh aFe of the same-speefe whaeh equal er emeeed the size, height and spread of the mmoved trees. in eases tFee eemmeMially available shall be planted en site, with the appFeval ef the e-ty-. The replacement of a removed or damaged tree to compensatefor that tree's removal or its damage either with one (1)_ tree the same diameter or a , combination of smaller trees that will equal that removed tree's DBH as defined herein. Coding: Words in stdke thFeugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 7 The minimums established in the landscape code of the Citv of Tamarac for tree planting may not count toward the equivalent replacement amount established here, except where replacement occurs on site. The re lacement species shall be trees of similar species to those removed as approved by the city manager, or his designee. Equivalent value means an amount of money which reflects the estimated cost of equivalent tree replacement, equivalent as defined On this ehapteF and as determined by the city. Grasses See turf. Ground cover Fneans a planting of le giants that eemplete'y eeYeF the Plant material which normally reaches a maximum height of not more than eighteen (18) inches. Hat racking means flat -cutting the top or sides of a tree, severing the leader or leaders, or pruning a tree by stubbing of mature wood, except where removal of a branch is necessary to protect public safety or to provide clearance for aerial utilities. Hedge means an evenly spaced planting of shrubs to form a compact, dense, visually opaque living barrier or screen. Irrigation means the supply and application of water other than natural rainfall. Landscaping means living plant material such as grass, sod, turf, ground cover, shrubs, vines, trees and palms; grading of land area; irrigation; and nonliving durable materials commonly used in landscape design such as, but not limited to, rocks, crushed stone, mulch, sand, walls, paved blocks, fences and water features which are used separately or in combination with each other or with living plant materials to meet the requirements of this chapter. Nonliving material usage must meet the intent of the landscape code and be approved by the city during the approval process. Decorative rocks, pebbles, stone, etc., should only be used to accent organic landscape material and should not cover more than fifteen 15percent of any open space yard area. Lawn/grass/sod/turf means the upper layer of soil bound by grassy plant roots and covered by viable grass blades. Mulch Fneans an eFganne material sueh as wood ehips, the son'. An organic material such as wood chips, or bark placed on the soil to reduce evaporation, prevent erosion control weeds enrich the oil and lower soil temperature. Coding: Words in StFike throug# type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 8 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 native plant communities_ . For this reason, the use of Cypress mulch is strongly discouraged. Additional material utilized for mulch may include rockspebbles, sand or other materials generally utilized for the mulching of planting beds in the South Florida landscaping community._ Native tree Tree of a species approved by the city manager or his designee or identified as native to this area by the Association of Florida Native Nurseries as may be amended from time to time, and incorporated herein by reference. Nuisance vegetation Certain non-native trees and landscaping, often termed exotic, specifically listed in the Florida Exotic Pest Plant Council's list of invasive plants Category 1 and 2), amended from time to time, including but not limited to: Schinus terebinthifolius Brazilian Pepper),Melaleuca quinquenervia Punk Tree Ca'e ut or Paper Bark Casuarina s Australian Pine all species), Acacia auriculiformis (Earleaf Acacia), Bischofia javanica (Bishopwood),_ Dalbergia sissoo Indian Rosewood Leucaena leucoce hala Lead Tree Cu anio sis anacardioides (Carrotwood). Ricinus communis (Castor Bean). Ornamental tree means a tree which, by habit of growth, form, foliage, flower or color display, makes it unique to its location. Overliftin : Overlifting refers to 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'slive crown ration may be considered as evidence of overlif#ing_ Owner means an owner or duly alltheFized agent as defined in GhapteF 4 of the any person, agent, firm or corporation having a legal or equitable interest in the property as defined in Chapter 4 of the Florida Building Code. Plot means any lot, portion, tract or parcel of land considered as a unit and shown in official public records. Protected tree means any native pine, cypress or other tree indigenous to South Florida or any tree shown on an approved landscape plan. Prune Fneans te eaFefully out away, FeFneve, The removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the American National Standards Institute (ANSI A-300) standards as incorporated herein and as may be amended from time to time. Coding: Words in s*d�Reao type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 9 Reconstruction means any construction that alters the existing pervious area of a plot. Relocation. The transplanting of plant material from one location to another location that is acceptable by the city landscape architect or designee following proper horticultural and arboricultural procedures which includes but is not limited to rogLpruning fora period of at least six 6 weeksproviding a e uate irrigation from the act of root pruning to relocation and providing care and irrigation for a period of one 1 year or until the plant material is established. Right-of-way means land reserved, used or to be used for a street, alley, walkway, drainage or other public purpose and owned by the city, county, state, water management district or any other agency. Root ball means the earthen ball encompassing the root system of a tree or plant. Shade%anopy tree: See tree -shade. Shaping: Shaping refers to the regular and fre uent shearing of outer branches making_pruning cuts of one () inch in diameter or less, for the purpose of controlling the size and shape of the tree canopy. Shrub means a multistemmed woody plant with several permanent stems instead of a single trunk and usually not over ten (10) feet in height. Sod See turf. Specimen tree A tree which has a diameter breast height DBH of ei hteen 18 inches or greater with the exce tion of the following: a Non-native fruit trees that are cultivated or rown for the s ecific purpose of producing edible fruit including but not limited to mangos, avocados, or citrus. LtL Nuisance vegetation. c All multi -trunk palms. d Trees that are in poor condition or form as determined by the cit based on the Guide to Judging Plant Condition International Society of Arboriculture (ISA), as amended from time to time. Street tree means any tree placed in the right-of-way or in the swale adjacent to the right-of-way; trees adjacent to pavement in cases where the streets are private. Topsoil means fertile, friable natural surface soil with an acidity range of pH 5.0 to pH 7.0 containing not less than five (5) percent organic matter. Coding: Words in s'��'�gh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 10 Topiary pruning means the practice of pruning a tree into an ornamental shape by pruningbranches one inch in diameter or less. Tree means a self-supporting woody perennial plant, usually with one (1) vertical stem or main trunk, which naturally develops a more or less distinct and elevated crown and provides, at maturity, characteristics of the species. Tree abuse means: (1) Pruning that reduces the height or spread of a tree that has not attained a height or spread of thirty (30) feet, by altering the dominant stem(s) within the tree crown to such a degree as to remove the natural canopy of the tree; or (2) Pruning that leaves stubs or results in a flush cut; or splitting of limb ends; or (3) Peeling or stripping of bark; or the removal of bark to the extent that, if a line is drawn at any height around the circumference of the tree, over one-third (1/3) of the length of the line falls on portions of the tree where bark no longer remains; or (4) Using climbing spikes, nails or hooks, except for purposes of total tree removal Sods as the same Fnay be amended frem tome to t, ; or (5) Destroying the natural habitat of growth which 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, and is a danger to the public or property; or pruning defined herein as tree abuse that results in the tree's death; or (6) Hat racking, which is flat -cutting the top or sides of a tree, to sever the leader or leaders or to prune a tree by stubbing of mature wood, except where removal of a branch is necessary to protect public safety; or 7 Pruning of live palm fronds which initiate above the horizontal plane unless this reflects the natural growth habit of the species in question i.e. Phoenix dactylifera); or 8 Overlifting a tree as defined in this cha ter or (9) Girdlino of trees by quvinq, stakinq, supports, string trimmers, nonremoval of planting materials from root balls and trunks or M 10 Removing landscaping required by this Code or required on an approved landscape plan; Coding: Words in +�L7,kG Feugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 11 1 (8) (Llj Exception: The removal of diseased or dead portions of a tree (such as palm frond), the removal of an interfering, obstructing or weak branch shall not constitute tree abuse under this section. Interference with or obstruction of street lights, stop signs or traffic signals is an example of pruning which, if accomplished by the National AFb6FiGtL Asseeiatie.. American National Standards Institute ANSI A-300 Standards, as amended from time to time is not a violation of this section. Tree -ornamental means a tree which, by habit of growth, form, foliage, flower or color display, is unique to its location. Tree palm means a monocotyledonous tree (of tropical or subtropical species) having fronds with parallel vegetation and no true woody bark, with a minimum overall height of twenty-five (25) feet at maturity. Tree -shade means a self-supporting woody perennial plant, usually with one (1) vertical stem or main trunk which naturally develops a more or less distinct and elevated crown and which provides a minimum shade of thirty-fwe (36) (W) feet in diameter at maturity. Tree -small Any.self-supporting wood perennial plant which at maturity normal) attains an overall height less than twenty 20 feet at maturity. Trees with a multiple trunk growth characteristic shall have no more than five 5 main trunks. These trees shall provide the mid -level landscaping within the specified height range. Trim: To reduce shorten or diminish gradually a plant or parts of a plant without altering the natural shape. Turf., The upper layer of soil matted with roots of grass and covered by viable grass blades. Understory means plant material developed as an undergrowth associated in the habitat with trees. Vehicular use area means any area (except public thoroughfares) used by motor vehicles for parking, displaying, storage or traversing. Motor vehicles include, but are not limited to, cars, trucks, vans, motorcycles, bicycles, watercraft, trailers, and construction equipment. Vine(s) means a plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself about a support or holding fast with tendrils. Coding: Words in stF+ke thFough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 12 Visual screen means an obstruction used to separate two (2) areas or uses for the purpose of buffering a building or activity from neighboring areas or from a street or private street, which is at least seventy-five (75) percent opaque. Visual screens may include, but are not limited to, masonry walls, wood or metal fences, hedges, informal plantings or berms. Xeriscape Fneens wateF eenservIng, dFought tolerant landseaping. The us ApprepHate use of plant Fn ter-mia I ,;A- -Ans that the plant will suFyave and fleWish with eempaF tivel y little_ supplemental tal i ffiga4iOn A type of landscaping utilizing native plants and ground cover that needs little maintenance which is detailed in the South Florida Water Management District publication, Waterwise South Florida Landscapes, Landscaping to Promote Water Conservation Using -the Principles of Xeriscape. incorporated herein by reference. amended from time to time. (Ord. No. 93-15, § 3, 6-24-93; Ord. No. 96-12, § 2, 9-25-96) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 11-4. Planning board. The city planning board shall have the following powers and duties with respect to this chapter: to advise and make recommendations to the city commission concerning proposed revisions to, or issues concerning the implementation and enforcement of, the provisions of this chapter. (Ord. No. 93-15, § 3, 6-24-93; Ord. No. 99-03, § 2, 2-10-99) Cross references: Boards, committees, commissions, § 2-56 et seq.; planning and development, Ch. 17. MEW ALIM ON- A. M.... 111�1�Yir • • • Sec. 44-6. 11-5. Landscape plan approval. L Coding: Words in stdike thFough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 13 (a) Prior to the issuance of any development permit, building permit, engineering permit or a clearing and grubbing permit, a landscape plan shall be approved by the development review committee and/or the planning board and/or the city commission, as appropriate. Where the subjeet paFeel abuts Revised minor site plans shall be accompanied by a landscape plan if deemed appropripte by the Cit manager or his designee, which shall be subject to the approval of the development review committee. 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. Revised major site plans, extensions of site plans and new site plans are subject to review and recommendation by the development review committee and planning board and approval by the city commission. forth in this ehaptef-. (b) The landscape plan shall meet the following requirements: (1) A minimum scale of one (1) inch equals thirty (30) feet; (2) Sheet size shall be a dimension of twenty-four (24) inches by thirty- six (36) inches; (3) Existing vegetation by species (botanical and common name), size (height, spread and DBH), condition (poor, fair, goad or excellent) and location, showing existing vegetation proposed to be removed, of preserved or relocated,. In addition a separate plan sheet shall be included with the landscape plan that will indicate all eNisting trees and understory overlayed upon the proposed site _plan. (4) Existing vegetation, natural features and site improvements on abutting properties within fifty (50) feet of the property line; (5) The location and outline of existing buildings and site improvements to remain; (6) The location and outline of proposed buildings and site improvements; Coding: Words in strike throu^" type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 14 (7) Proposed and existing parking spaces to remain and proposed vehicular use areas, accessways, driveways and other similar features; (8) The location of existing easements and rights -of -way; (9) A plant list shall identify those plant materials proposed for use on the site by common and botanical names, size (height, spread and DBH), quantity, deseriptien and indication whether native to Seethe Florida; (10) Minimum landscape requirements shall be shown in tabular form keyed to specific code sections, including calculations to determine the minimum requirements. Proposed plant material quantities shall be shown in tabular form to meet or exceed minimum requirements; (11) Site lighting and underground/aboveground infrastructure; (12) Water bodies; (13) Plan shall bear a statement of methods used to achieve compliance with xeriscape principles; (14) Name, address, license number of the person preparing the plans; (15) Project name, owner's name and address of project; (16) Irrigation plan, meeting the FequiFeFnentef the Seuth ReFida Building Cede at final submittal only; and (17) Such other information that maybe required by the city. (Ord. No. 93-15, § 3, 6-24-93; Ord. No. 96-12, § 3, 9-25-96; Ord. No. 99-03, § 2, 2-10-99) Sec. 11 11-6. Minimum landscape requirements. (a) Plant material and installation requirements. All required plant materials shall conform to the Grades and Standards for Florida No. 1 or better as given in Grades and Standards for Nursery Plants, by the Florida Department of Agriculture, Consumer Services Division, as amended from time to time. Plant material shall be dreught teleFant and be en the eity appreved plant list. (1) Landscape principles: The city regdires encourages the use of the Xeriscape Landscaping Principles as included in the South Florida Water Management District's publication XeFiS6ape Plant Guide 11, Und Waterwise South Florida Landscapes, Landscaping to Promote Water Conservation Using the Principles of Xerisca e, which is hereby incorporated by reference into this chapter, amended from time to time. Coding: Words in StFike �ag type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 15 (2) Standards: All required trees shall be installed in accordance with the standards of the ANSI A- 300 Standards. All other elements of landscaping shall be installed so as to meet all other applicable City Code requirements. Landscaped areas abutting front-end parking shall re uire protection from vehicular encroachment by placingcurbing or carsto s at least three 3 feet from the edge of such landscaped areas except in R-1 R-1 B and R-1 C R-2 and RD-7 Districts. Other landscaped areas abutting curved or an ular drives shall be curbed. (3) Dimensions: All minimum dimensions of landscaped material refer to dimensions at the time of planting. (4) Topsoil: Topsoil shall be clean and free of construction debris, weeds, rocks, noxious pests and diseases. The topsoil for planting areas shall be amended with horticulturally acceptable organic material. All soils used shall be suitable for the intended plant material. The source of the topsoil shall be known to the applicant and shall be acceptable to the city: a. The minimum topsoil depth shall be-twelve-(12) six 6 inches for ground covers, flowers, shrubs and hedges. ^ Fninim .m of six The minimum topsoil depth for sod shall be three 3 inches. b. Trees shall receive twelve (12) inches of topsoil around and beneath the root ball. No topsoil shall be placed on top of the rootball. The root flare of all newly installed trees shall be visible after installation is complete. c. Native topsoil on the site shall be retained on -site and used when there is sufficient quantity to cover at least some of the on - site landscaped areas at least twelve (12) inches deep. d. Use of organic mulches: A twee# three 3 inch minimum thickness of approved organic mulch material, after initial watering, shall be installed in all areas not covered by buildings, pavement, sod, preserved areas and annual flower beds. Each tree shall have a ring of organic mulch no less than eighteen (18) inches beyond its trunk in all directions. Mulch must be kept a minimum of six 6 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 native_plant communities. For this reason the_use of Cypress mulch is stron I discouraged. Coding: Words in stdough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 16 e. Stabilization: All shade trees and palms planted as trees shall be securely guyed, braced and/or staked at the time of planting until establishment. All stabilization systems shall be clearly marked (flagging,_ painted,_ etc.) to prevent hazards. Trees shall be restaked in the event of blow over or other failures of the staking and guying_ The use of nails, wire, rope, or any other method which damages the tree or palm is prohibited. All plants shall be installed so that the top of the root ball remains even with the soil grade. Stabilization shall be in aeeeFdanee with the National AFbGFiStE All guys and staking material must be removed when the tree is stable and established but in no case more than one (1) year after initial planting of tree. Failure to do so will be considered tree abuse and will lead to enforcement action. Stabilization shall be in accordance with the International Society of Arboriculture standards as amended from time to time. f. Topsoil shall be sandy loam and shall contain a twenty-five (25) percent minimum amount of decomposed organic matter. There must be a slight acid reaction to the soil with no excess of calcium carbonate. Topsoil shall be free from clay, stone, plants, roots and other foreign materials. Approved soil samples shall be minimum standard for soil which must be provided for finish grading operations. (5) Grasses: methods with PFi0F appFeval of the elty. Sod shall be healthy, elean and fFee of weeds, Inseet pests and disease.- Grass areas shall be sodded with a species of grass that will survive as a permanent lawn in Broward County (assuming adequate watering and fertilizing). Sod provided must be viable, reasonably free of weeds, and capable of growth and development. In general, sod_ strips shall be aligned with tightly fitted ,joints and no overlap of butts or sides. Subgrade of lawn area shall be reasonably free of all stones, sticks, roots and other matter prior to the placement of sod. However, grass areas may be seeded to meet these requirements provided that the area presents a finished appearance and complete coverage before a certificate of occupancy is issued. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearance and complete coverage. For every one (1) inch of trunk diameter measured four and one half (4 1/2) feet above the ground an area six (6) inches in diameter can be left free of grass or other living groundcover. 1 Coding: Words in ntrike thFou F type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 17 (6) Ground cover. Ground covers shall be planted with a minimum of fifty (60) seventy-five (75) percent coverage, with one hundred (100) percent coverage occurring within three 3 months of installation. For all developed properties, all yards and other portions of land not utilized for structures, parking areas, walks, drives, decking, pool or other amenities shall be covered with grass or living ground cover. Nonliving ground cover may cover not more than fifteen (15) percent of the landscaped area. Applicant may apply for a variance of up to fifty (50) percent of the area to be covered with nonliving ground cover for commercial and industrial buildings. The variance may be granted for projects in which plazas or other public spaces are supplied by the applicant, meeting the approval of the city. (7) Vines: Vines shall be a minimum of thirty (30) inches in supported height immediately after planting and may be used in conjunction with fences, visual screens or walls_ to FAeet landseape buffer FequiFements. (8) Native species required: FequiFed in 1993 shall be water eensewing, native plant material indigeneus te South Florida, sueh as that listed en pages 4 through 17 of the C'C\A/MD Yuri e+a Plant Guide 11 (undated); d); in •l09 and theFea fter i'1'1 , , v� u�nr uw�vu�w�, this peFeentage of native trees shall be fer-ty (40) pereent. Fift 50 percent of the trees required shall be water -conserving, native plant material indigenous to Florida. Fifty 50percent of shrubs required shall be installed as native plant material. (9) Trees: a. Palm trees shall have a .•r.i^i.,^.,.,^ e+lear tFUnk FneaSUFeFnent e sixeet-. minimum height of twelve 12 feet at the time of planting. This minimum height shall be measured from the base of the palm to the tip of the bud of the palm. However, if a palm is not commercially available at the twelve 12 foot overall planting height, the City Manager of his designee mpy approve the placement of a palm with a minimum overall planfina height of ten 10 feet. All palms that have substantial gray wood characteristics at the time of maturity shall have a minimum of two 2 feet of gra wood at the time of planting. Certain P--palms having an fflatWe spFead of crown less than twelyL' (12) fee as determined by the City manager or his designee may be substituted for ether shade trees by grouping three (3) or more palms seas to create the equivalent crown spread. Certain palms, as determined by the City manager or his designee, may be substituted on a one (1) for one (1) basis in lieu of shade trees. Coding: Words in StFi' eegh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 18 Palms may constitute only twenty (20) percent of the total trees required. b. Shade trees (canopy trees), shall have a minimum trunk caliper of three (3) inches, a minimum height of fifteen (15) feet; a minimum crown spread of six (6) feet or the minimum characteristic of the species at such height, and minimum of four and one-half (4 1/2) feet of clear trunk immediately after installation. Shade trees shall constitute few (40) fifty 50 percent of the total required trees unless specifically addressed in other portions of this Chapter. No shade trees or large palm trees shall be located closer than twenty-five (25) feet from street lights or overhead utility lines. c. Gmamenta4 Small trees shall have a minimum tFUM ealip ^� height of ten (10) feet, and a minim eFewn spread of five (6) feet or the minimum crown characteristics of the species of that height. Trees with a multiple trunk growth characteristic shall have no more than five 5 main trunks. All small trees shall have a minimum of thirtv (30) inches of clear trunk at the time of plantin d. The monknum aFea feF Planting a tree shall be twenty flye (26) 1 Offiamenta�— StMetWe (feeat� HeighShade pp fit{ Height /�IeaF Try nk 1 1. is — � 4- 16 26 AA ,4A-- 4 � 48-- 8— 26"eF FneFe 44&— 8__ 22 I Coding: Words in GtFiLJL1Tke hFaugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 19 (10) __Shrubs: Shrubs shall have a minimum height of twenty-four (24) inches with a spread of eighteen (18) inches, when measured immediately after planting_ f" 11 Lakes, canals, etc. All lakes, canals, wet retention areas and other water bodies shall be sodded to the edge of the mean high water mark. All dry retention areas shall be landscaped with sod and completely irrigated. Trees are not allowed in canal maintenance easements. " (12) Berms. Berms shall be planted with ground cover or sod; the maximum slope for berms shall not exceed one (1) foot in height for every three (3) feet in width. (T2-) (131 Growth of plant material. Growth of plant material at maturity shall be considered prior to planting, where future conflicts such as views, signs, overhead and underground utilities, security lighting, fire access, drainage easements and traffic circulation might arise. "14 Fertilizer. , planting sew! at the fellewing rate-. mil mix per fifty (60) undeFgFeun All plantings shall be properly fertilized after the initial establishment period has successfully been achieved. Alow phosphate, slow release fertilizer with trace elements should be used. 15 Protection of public infrastructure: All shade and medium trees installed within six 6 feet of a public infrastructure shall utilize a root barrier system, as approved, by, the city. " fjJ6 Obstructions to firefighting operations. a. No landscaping or obstructions shall be placed within seven and one half (7 1/2) feet of any fire hydrant. b. Landscaping or other obstructions shall not be placed around structures in a manner so as to impair or impede accessibility for firefighting and rescue operations. Coding: Words in n�riL,liTT!(e t Fou type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 20 (b) Maintenance requirements: , d by this ehapteF, ineluding abutting Fights of way, swales- lakecand hA e+r�r.r�l mkbanks ir, ar,eerrlez...+i+ ,.,;fh the X.-.Ile...:r..+. r.+.,r..J.....Js: All owners of land or their agents shall be responsible for the maintenance of all landscaping. This includes mowing and maintaining abutting rights -of -way, swales, lakes and canal banks. Landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance at least equal to the original installation and shall be mowed or trimmed in a_ manner and at a frequency so as not to detract from the appearance of the general area. Landscaping shall be maintained to minimize property damage and public safety hazards,_ including removal of living, dead or decaying plant materials removal of low hanging branches and those obstructing street lighting- and _maintenance of sight distance standards. Dead or declining plant material _considered to be part of a natural habitat feature located on public property are -exempt from these landscaped maintenance provisions except where maintenance is necessary to avoid damage to public property or to mitigate safety hazards. Any necessary tree pruning must conform to ANSI A-300 standards. Tree removal shall require a tree removal permit. Landscaping shall be maintained _ in accordance with the following standards_ (1) Insects, disease, etc. Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy condition. (2) Mulching: Two (2) inehesof elean, weed fFee, Three 3 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 100per cent coverage. Mulch must be kept a minimum of six 6 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 native plant communities. For this reason, the use of Cypress mulch is strongly discouraged. (3) Mowing: Turf shall be mowed by removing no more than one-third (1/3) of the leaf blade at each cutting: a. St. Augustine turf shall be mowed at a height no less than three (3) inches. b. Bahia turf shall be mowed at a height no less than three (3) inches. Coding: Words in st& eu type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 21 (4) Turf edge trimming: All roadways, curbs and sidewalks shall be edged to prevent encroachment from the adjacent tuirfed areas. Line trimmers shall not be used to trim turf abutting trees or other plant material. (5) Maintenance of irrigation systems: lffigBtieA systems shall be Fnaintamed to eliminate wateF less due to damaged, missing or ifflproped!,F epeFafing SPFnl(!eF heads, effilfteFS, p-pes and all other portions of the (a) Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes. (b) Irrigation systems shall be designed, installed and maintained to minimize application of water to impervious areas and/or so as not to create a vehicular use hazard on rights -of -way, ingress/egress easements or other vehicular use areas. c) Low -volume, drip, trickle and emitter irriaation is encouraaed to promote good xeriscape principles where applicable. (d) A functioning rain sensor/shutoff device shall be required on all irrigation systems installed after May 1, 1991 as mandated by Section 373.62, Florida Statutes. e 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 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. ff)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. Under drought conditions compliance with the watering restrictions of the South Florida Water Management District is required. Coding: Words in StFlke throu type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 22 (6) Control of nuisance species: All areas shall be maintained _free of nuisance species. This shall include natural areas within developed property. () (7) Required management of preserved/created ecological communities: 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 city. (7) (8) Replacement requirements: An owner is responsible to ensure that living material and trees which are required to be planted by this subsection of the Code, or installed pursuant to a landscape code previously in effect, are replaced if such living material or trees die, or are abused, following the issuance of a certificate of occupancy. Preserved vegetation which dies following the issuance of the certificate of occupancy shall be replaced with the equivalent replacement of living material or trees. Prohibited plant species shall not be replaced inkind, but shall be replaced with a similar plant species approved by the city. (8) u Removal of root systems and stumps: Complete P removal of root systems and stumps pFepeft is required to the greatest extent possible. (10) Root nrunino: Root orunina must be done so as to not irregarabiv damage the tree or create a safety hazard. (11) Tree abuse: Tree abuse is prohibited in the city. Abused trees shall not be counted toward fulfilling minimum landscape_ requirements and shall be replaced. The owner of an abused tree can provide the city manager, or his designee, with written documentation from an_ arborist certified by the International Society of Arboriculture or other qualifying organization stating that the degree of abuse is not sufficient to warrant the removal of the abused tree. The arbo_rist's opinion must include a description of the proposed remedial pruning and a timeline for the proposed pruning. After reviewing the arborist's opinion, the city manager, or his designee, can agree to allow the tree to remain. If the abused tree is allowed to remain it is the property owner's responsibility to follow through with any necessa corrective pruning or maintenance in a timely manner so as not to allow the tree to develop into a hazardous tree. (9) (1 A2 Pruning generally. a. , a" munifam'i agents All property owners or their agents must prune trees in accordance with the Natfe•..a' Ai 1'•r•r"vrn st rsseelatlen Standards. American National Standards Institute (ANSI_A-300). Coding: Words in strike thFough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 Se tember 24, 2008 Page 23 If the pruning is tree abuse and causes tree removal, a permit for tree removal shall be required from Broward County. b. The minumum standaFd feF standard pruning and fine PFUning set feFth heFe*n shall be supplemented by the standards of t National MbWlst Asseeiatien as the same Fnay be amended from time time, and hieh aFe--aftaehed—her ad d me a pe-A h, e. (,b) Any pruning performed without conformance to the National AFbWist Asseeiatlen Standards American National Standards Institute (ANSI A-300) standards shall be subject to enforcement by the city. All tree pruners which provide services in Tamarac shall hold a valid local business license in Broward County as well as a valid Broward County tree trimmer license. d-U Any landscaping (as defined in section 11-3 entitled "definitions") found growing into a street rights -of -way, shall be pruned to provide at least eight and one-half (8.5) feet of vertical clearance above sidewalks and fourteen (14) feet of vertical clearance above local streets and collector streets, and eighteen (18) feet of vertical clearance above arterial streets. e: (M Any landscaping (as defined in section 11-3 entitled "definitions") found growing into a canal right-of-way, shall be pruned to provide at least eight (8) feet of vertical clearance above the mean water level or top of seawall. (e) The practice of topiary pruning shade and small trees by shearing or trimming a tree into an unnatural shape, such as round like a lollipop is not prohibited but strongly discouraged. Trees pruned in this manner will not be counted towgrdsfulfilling the minimum landscape requirements outlined elsewhere in this chapter. (40) (V3) Pruning; exemptions: a. The removal of diseased or dead portions (such as palm fronds) of one (1) tree or the removal of an interfering, obstructing or weak branch of a tree such that the result is a tree which is not a threat to public safety or to adjacent property is allowed. Pruning to reduce or eliminate interference with or obstruction of street lights, stop signs or traffic signals is an example of an allowed pruning activity, heweyeF, the National ArbeFie AsseCiatien Sta `�lgGids still applyprovided tree abuse does not occur. Coding: Words in stdl(e thFeu type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 24 b. Emergencies. Failure to remove or properly prune a tree damaged by a natural disaster within thirty (30) days shall be a violation. c. Tree pruning standards applied to utilities. The Hazard Pruning Standards and the Crown Reduction Standards of the National AFbOdst Ae.e.,.enat6en 1989 American National Standards Institute T17"pC�'i.�'L"7'"l'�.-1C7 G7m7 V TI�G (ANSI A-300), as may be amended from time to time, apply to utility companies. (44) 14 Notification: a. Notification required. For systematic or routine maintenance (maintenance pruning, etc.), the utility or its agents shall notify the city in writing thirty (30) days in advance of such maintenance pruning. The location(s), date(s) and type(s) of pruning shall be specified by the utility or agent. The city shall notify the public through its city -sponsored publications and the posting of notices in city hall. b. Emergencies. In emergencies such as floods, hurricanes or other disasters, or in cases in which a fallen tree is interrupting service or is limiting access to utility facilities, the requirements for notification and for implementing the National Arberist _Assee±iatien Surds American National Standards Institute ANSI A-300 shall not apply to utility companies. Failure to remove or properly rune a tree damaged by a natural disaster within a reasonable period of time corresponding to the severity of_ -the disaster as determined by the City Manager shall be a violation. (Ord. No. 93-15, § 3, 6-24-93; Ord. No. 97-19, § 2, 10-22-97; Ord. No. 2002-24, § 2, 10-23-02; Ord. No. 2007-06, § 2, 2-28-07) Sec. 11--8. 11-7. Tree and streetseeper protection, removal and street tree requirements. (a) Tree preservation; tree abuse: Tree abuse is prohibited in the city. Abused trees may not be counted toward fulfilling landscape requirements and shall be replaced. (b) Tree protection: M All living plant FnateFial FeqUiFed te be retained en a site beeause of an appFePed—sit �'a' area shall be preteeted as dese heFenn. u The following are minimum standards necessary_to protect trees designated for preservation from damaae durina development activities after the tree permit has been approved. Coding: Words in StFike type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 25 (1) Protection of existing trees. Prior to anv clearina of improved, vacant or unimproved land unless specifically exempted from this section (including land designated for conservation by Broward Qounty or the Cit of Tamarac trees to be preserved as designated in the tree removal permit approved by the Broward County or tree protection plan approved by the City) shall have barriers constructed around them by the develo er to prevent physical damage from heavy equipment and other activities incidental to development. Re uired barriers shall be subject to inspection by the City or Broward County as a condition of permit approval and prior to any such clearing._ a Barriers or barricades. The barriers or barricades shall be: 1. Large enough to include the entire are inside the outer edge or dri line of the tree,• and 2. Conspicuous enough and high enough to be seen easily by operators of trucks and other equipment:, and 3. Constructed of sturdy scrap wood (four-by-four stock or other sturdy material not flagging or ribbons as approved by Broward County or the City based on professional iudgment that the intent of this provision_ shall be met. 4. Constructed as a condition of, the issuance of any land clearing, building or other development permit and prior to any construction or other development activities and required to remain__n__place throughout the construction period. Barriers or barricades shall be 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 of Tamarac Building Department) unless otherwise stipulated in the approved tree removal permit. (2) Underground utility lines shall be routed around existing nonprohibited and noninvasive root systems and trees to the outside of the dripline to the maximum extent possible. A tunnel made by a powerdrive soil auger may be used under the tree, when approved as an alternative by the city. (3) 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. Continuous footers for masonry walls shall be ended at the point where major large roots are encountered and these roots bridged. Coding: Words in StFike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 26 M (4) No impervious surface (including, but not limited to, paving or buildings) may be located within five the t ) the dripline of any tree proposed for preservation. ►rr. 0sM sP.90MMFMI W!r 5 Grade changes. Retaining walls and d wells shall be utilized where needed to protect trees from severe grade changes. For shallow_ fills, the 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. 6) Parkina on site durina construction or development activities. No arkin vehicle maintenance storage of construction materials or debris or cleaning of equipment shall take place within areas marked_ for preservation specifically includina. but not limited to, within the dripline of any individual trees. (7) 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 chapter 10 of this Code. (8) Encroachment into any barricaded area shall be forbidden with the exception of activities specifically permitted by the approved tree permit including dripline encroachment plan as established_ herein. (B) (9LProhibited tfee plant species (nuisance vegetation): The following plant species Nuisance vegetation shall not —be planted as required or optional landscaping --.within the Tamarac City limits. The eradication of nuisance veaetation is reauired on all sites. including abuttina riahts-of- way, prior to the issuance of a certificate of occupancy or final approval of any structural modification including vehicular use areas. Privately owned natural areas shall be included in this requirement. J I Coding: Words in GtFike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 racae c r 1 WIN Ra- MIN rJl-1■■lR�t�Fl���\R�\�. 10 Ficus spp. utilized as a tree shall only be planted in areas where there is sufficient room for root and canopy growth that will not impede, interfere damage or disrupt structures or underground infrastructure. Coding: Words in S•�ough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 28 (11) Bucida buceras (Black Olive) trees shall only be utilize_ d in areas that are -a minimum of twenty-five (25) feet from any man made structure. (c) Tree removal and replacement. Provided all other applicable sections of this chapter are being met by the property owner, owners or their agents may pursue tree removal or tree replacement permits from Broward County: (1) It shall be unlawful to cut down, destroy, remove, relocate or effectively destroy or damage any tree in the city which has a caliper of four (4) inches or larger without first obtaining a permit from Broward County. (2) Clearing and grubbing permits shall not be issued by the city for undeveloped properties that are classified as an Environmentally Sensitive Area. Local Area of Particular Concern. Urban Wilderness Inventory Area. Natural Resource Area or shows evidence that the property_harbors_plants or animals that are rare. threatened. endanaered or are a species of special concern until a natural resource plan has been prepared by a certified biologist and approved by the city pursuant to section 10-66 10- 48 of this Code. (3) Tree removal permits shall not be issued for any developed property if such removal causes such property to be in violation of this chapter or an approved site plan unless the conditions in this section are met. (4) A tree removal permit shall be issued when one (1) of the following conditions exist: The tree is diseased, injured, in danger of falling, located so as to endanger an occupied structure, interferes with utility services, creates unsafe vision clearances or conflicts with other ordinances or regulations. (5) An applicant for a tree removal permit shall fulfill the following condition: The tree, if destroyed, shall be substituted with an equivalent replacement or replacements, planted on the site or within the project area, or on public lands if there is no suitable on -site location as determined by Broward Count 's regulations regarding the approved tree removal permit. (6) Failure of an owner to replace a removed tree with an equivalent replacement within sixty (60) days after being notified by the city shall be a violation of this section. (7) If removal or replacement of a tree or trees occurs in conjunction with a development permit, the application shall be considered part of the site plan development, and no development permit shall be issued without an approved tree removal permit. Removal, replacement or relocation shall take place before a certificate of occupancy is granted. Coding: Words in strike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 29 --t-seepe Street tree requirements: plan whieh is by FefeFenee Fnade a part of this ehapteF. Sueh plan us -a StFeetseape e0FFideFs and the approved landseape spedes to be Utilized In All - nts- the ZZ M--- 0-10,060,010,41.� (2-) M New development: In conjunction with new construction-, fef these IpFejeets not abutting an identified StFeetseape eeFFodeF,. street trees shall be placed in the landscaped area of public or private streets prior to the issuance of a certificate of occupancy. One (1) street tree shall be required for every forty (40) linear feet of street frontage and shall be planted no further than eighty (80) sixty 60 feet and no closer than fifteen (15) feet apart. Street trees are reauired as an addition to other tree reauirements in this Chapter. All tree and landseape improvements proposed plan. All ether street trees are to be placed in a location in accordance with the requirements of this chapter in order to accommodate location of utilities and/or street widening. Street trees shall be approved shade trees species, unless an alternative tree species is approved by the community development director of their designee. Theme YaFie ty and spe eies of +re.e s and a their lan dse aping shall he'. The .. approye�ed planting lost nr.een ied On _the city ry aste�r lan dse�ape� plan ii ei, u�ee aNl✓ivv�eaAlteFnate plant species may be submitted feF staff approval in eenjunetien (3) Existing development. a. Any Non-residential and multi -family 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 of community development. Coding: Words in strikethFeugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 30 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. b. Residents may petition the city commission for special tree planting approval within the rights -of -way of local streets. The director of community development along with the development review committee approval is also required. Costs of trees and installation may be assessed and paid for the respective groups or property owners. eeeerdanee with the appFeved list Of tFees and shall eemply with the standaFds as set feFth in this ehaptef;- (c) The Community Development Director may recommend from time to time the designation of certain trees located _within the city as specimen or historic trees. The City Manager shall review such recommendation and add thereto his own comments and recommendations, and the matter shall be presented to the Citsr Commission for its determination. The City Commission shall consider the report of the Community Development Department and the recommendation of the___City Manager and shall either accept, modify or deny -- recommendation and may designate by resolutionthosetrees it deems appropriate as specimen or historic trees. (Ord. No. 93-15, § 3, 6-24-93; Ord. No. 96-12, § 4, 9-25-96) Sec. 11 9, 11-8. Landscape requirements by zoning district. (a) R-1, R1-8, R-1C, R-2, RD-7 districts (single-family and duplex residential districts): (1) A minimum of thirty (30) percent of the total gross area of a plot shall be in landscaped (living material) pervious area such as trees, turf, ground cover, shrubs and other landscaping. (2) All plots of six thousand (6,000) square feet or less shall contain a minimum of five (5) trees and twenty (20) shrubs. Two 2 of the five 5 trees shall be classified as shade trees, one (1) beina in the front half of the plot and one (1) being in the rear half of the lot. A minimum of two (2) trees shall be located in front of the structure. C Coding: Words in type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 31 (3) , shall ....Main si* (6) F.-.- es_.snr1.thiFty (30) shrubs For all lots larger than six thousand (6,000) square feet, additional trees and shrubs shall be provided at the rate of one (1) tree and ten (10) shrubs per three thousand (3,000) square feet of the lot area or fraction thereof. A minimum of two (2) trees shall be planted in front of the residential structure. Corner lots shall be required to plant one 1 additional tree and five 5additional shrubs for all lots. 4) Accessory structures such as but not limited to aenerators. air conditioning units irrigation pumps, swimming pool Dumps -and heaters and utility boxes shall be screened with shrubs or an opgque fence on all applicable sides. Shrubs slanted for this purpose shall be in addition to the above requirements. (4) U An owner shall receive credit for preservation, replacement or relocation of existing vegetation under section 10-66 10-48. This credit may be used against the minimum landscape requirement. (b) R-3, R-3U, RM-5, RM-10, R-4A districts (multifamily districts): (1) A minimum of thirty (30) percent of the total gross area of a multifamily residential plot shall be devoted to landscaped pervious area, such as trees, turf, ground cover, shrubs and other landscaping. (2) The pervious area shall contain one (1) tree and five (5) shrubs for every two thousand (2,000) square feet of lot area or major portion thereof. A minimum of fifty (50)per cent of these -trees shall be shade trees. 3) Accessory structures such as but not limited to aenerators. air conditioningunits,_ irrigation pumps, swimming pool pumps and heaters , and utilityopequefence on all _boxes shall be screened with shrubs or an _ applicable sides. Shrubs planted for this purpose shall be in addition to the above requirements. (e) (4) PUD districts: Residential PUD shall exceed the minimum landscape standards. The PUD landscape standards shall be submitted with the PUD application. Accessory structures such as but not limited to enerator air conditioning units irrigation pumps, swimmin ool pumps and heaters and utility boxes shall be screened with shrubs or an opaque fence on all applicable sides. Shrubs planted for this purpose shall be in addition to the above requirements. Coding: Words in strike throu type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 32 (d) (c) B-1, B-2, B-3, B-5 and B-6 commercial districts: (1) A minimum of thirty (30) percent of the total gross area of a plot shall be devoted to landscaped pervious area. (2) The pervious area shall contain one (1) tree and five (5) shrubs for every two thousand (2,000) square feet of lot area or portion thereof. A_ minimum of fifty 50percent of these trees shall be shade trees. (3) Accessory structures such as but not limited to generators, air conditioning units, irrigation pumps, swimming pool pumps and heaters and utility boxes shall be screened with shrubs or an opaque fence on all applicable sides. Shrubs planted for this purpose shall be in addition to the above requirements. (e) Light industrial district (0-1 district): (1) In the LI-1 (light industrial) district, a minimum of ten (10) percent of the total lot area not covered by buildings shall be landscaped, with one (1) tree, , and five (5) shrubs for every two thousand (2,000) square feet. A minimum of fifty (50) percent of these trees shall be shade trees. (2) In addition, whenever the parking areas abut the street right-of-way, it shall be required that a hedge ef a type listed en the appreyed plant lost on I sec -14-7 be planted at a minimum of twenty-four (24) inches high when planted, and maintained no higher than a maximum of thirty (30) inches in height, or a berm thirty (30) inches high shall be installed to screen such a parking area from the street right-of-way. Appropriate sight triangles shall be maintained. (3) The area between the street pavement and the property line (swale) shall be sodded with lawn grass. All other ground area, not to be covered with buildings or paving, shall be covered with lawn grass turf, ground cover, trees, shrubs or other decorative landscape material. (4) The planning board may recommend and the city commission may require that additional landscaping be provided to screen utility or other structures. (5) In the seventy -five-foot trafficway setback, there shall be a landscape buffer, comprising a majority of the setback area. For every one hundred (100) feet of frontage there shall be feu (4) three 3 shade trees, eight{$) 0nte ...„ed: three (3) small trees., (not , twelve (12) three 3 street trees (in addition to the required shade trees) and twenty ss-a continuous hedge. (6) Landscape buffers shall be incorporated into all street setbacks. Coding: Words in strike thFeugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 33 (7) Landscape buffers shall be placed in all setbacks, where the industrial property abuts any other zoning district. This buffer shall provide a visual screen to abutting residential and open space/recreational zoned districts. (8) The interior of all required walls or fences shall be landscaped with shade trees at least ten-(10) fifteen 15 feet high at the time of planting, no more than twenty-five (25) feet on center in addition to other landscaping requirements within this chapter. 9) Accessory structures such as but not limited to aenerators. air conditioning units irrigation pumps, swimming pool pumps and heaters and utility boxes shall be screened with shrubs or an opaque fence on all aoolicable sides. Shrubs olanted for this ouroose shall be in addition to the above reauirements. (f) l-1 district (institutional district): The same requirements as B-1, B-2, B-3, B- 5 and B-6 commercial districts. (g) SU district (special utilities district): A landscaping buffer consisting of hedges, trees, berms or walls shall be installed to provide a visual screen. Any combination of hedges, berms and walls shall be at least six (6) feet in height at the time of installation in order to screen all the special utility plot from view from any residentially zoned or recreational zoned plots in the city contiguous to a special utility plot. Any combination of hedges, berms and walls shall be at least six (6) feet in height at the time of installation in order to screen all the special utility plot area from view from any contiguous nonresidential zoned and nonrecreationally zoned plots in the city contiguous to the special utility plot. When fences or walls are used as the visual screen, hedges of thirty-six (36) inches in height at the time of installation must be planted outside such fence or wall. All landscape provisions of chapters 11, 20 and 21 apply. (h) S-1 district (recreation district): A-1. A-5 and S-1: Each plot utilized for other than athletic glavina fields or courts, open play areas, golf courses or water bodies shall contain a minimum of one (1) tree and five (5) shrubs for every one thousand (1,000) square feet of plot area, or portion thereof, not utilized for structures or vehicular use areas in addition to landscaping required in other portions of this chapter. A minimum of fifty 50per cent of these trees shall be shade trees. Coding: Words in strike ou i type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 34 (2) Any site upon which a golf course is developed shall be landscaped and maintained in a neat and clean, live, healthy and growing condition, properly watered and trimmed, free of any structure, refuse or debris., a d-stanee of not less than one hundFed (100) feet fFeFn any abutting (3) Accessory structures such as but not limited to _generators, air conditioning units, irrigation pumps, swimming pool pumps and heaters and utility boxes shall be screened with shrubs or an opaque fence on all applicable sides. Shrubs planted_ for this purpose shall be in addition to the above requirements. (i) MXD district (mixed use district)_ (1) The same requirements as B-1, B-2, B-3, B-5 and B-6 commercial districts along with the specific requirements outlined in Section 24-540 5 and the Tamarac Towncenter Street and Urban Guide. (i) 0) Additional screening: (1) Dumpsters: All dumpster areas shall be enclosed fully by a six-foot painted masonry wall and a fully opaque access gate. A twenty -four -inch high continuous hedge shall be provided around the dumpster enclosure except for the access gate and pedestrian opening. This includes any dumpster used for waste or for recycling or any other purpose. (2) All mechanical equipment and outdoor storage uses including, but not limited to, air conditioning units, swimming pool pumps, bottled gas tanks, and garbage containers which are located at ground level on Fesir�identiai all properties shall be screened on three (3) sides (or seventy-five (75) percent of the perimeter). Where the uses abut a structure, a wall may provide partial credit towards the screening requirement. A hedge, berm, wood fence or wall, maintained at a minimum of six (6) inches above the items to be screened, may be used to satisfy the screening requirement. (j) Lk) Buffer requirements: (1) Where multifamily residential plots abut single-family and/or two- family residentially zoned plots, a buffer area shall be provided on the multifamily plot. This area shall be a minimum continuous depth of ten (10) feet of landscaped area and shall contain a minimum of eee-(1) tree three (3) trees, with one (1) tree being a shade tree for every thirty- (30) fort40 linear feet or major fraction thereof and a continuous hedge or shrub grouping to provide a separation between the different land use areas. Coding: Words in GtFiLaar kerthFoough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 35 (2) This requirement is in addition to other requirements in this Chapter except along a street frontage where only two (2) trees, with one (1) tree being a shade tree and a continuous hedge is required in addition to the street treeT requirement. The hedge or shrub grouping shall reach a height of four (4) feet within eighteen (18) months of planting and shall be maintained at not less than the minimum height. (3) B-1, B-2, B-3 B-5 B-6 1-1 L-1 and SU zoned property that directly abuts or is directly across from any road right-of-way, canal, other water body or any other seperator any residentially zoned plot or a plot zoned open space including golf courses and S-1 zoning districts, a buffer area shall be provided on the nonresidential plot. This area shall be a minimum continuous depth of twenty (20) twenty-five L?51 feet of landscaped area and ""a" also E"Rtairra A solid masonry wall, stuccoed and painted OF an opaque fenee or earthen berm, or combination thereof, of at least six (6) feet in height shall be required within this buffer unless the buffer is a front yard or a major_ arterial or Broward County collector street. On the side of the wall or earthen berm that abuts the residential plot or S-1 zoning district including golf courses, ene-(1) two 2 trees with one 1 tree being a shade tree, for every thirty (30) linear feet or major fraction thereof and a continuous hedge shall be provided. On the side of the wall or earthen berm OF opaque fenee that is interior to the nonresidential plot, ene-(1) shrub shall be pFavided eveFy ten (10) linear feet. one (1) shade tree spaced eve fort40 lineal feet and a continuous hedge shall be provided. If a berm is utilized, one (1) continuous hedge shall be installed at the top of the berm only. The wall or opaque fenee 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 OF An optional design or material of such wall may be considered by the City Manager or his designee as loncL as such wall is designed to be an architectural enhancement to the overall property other than strictliy for separation purposes. Additional buffer width will be required on plots where the building height is five 5 stories or higher when the B 1-1 L-1 or SU zoned plot abuts or is across a water body from an R zoned plot. The minimum width of the buffer shall be thirty-five__(35) feet where there is a water body separator and fifty (50) feet where there is no water body_ separator between the parcels. (4) Property zoned or used for business, commercial or industrial purposes when separated by a street, alley, canal or public open space from any residentially used or zoned property shall have a minimum of twenty-five (25) feet of landscaped buffer area along such right-of-way or property line. Coding: Words in type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 36 (D Perimeter landscaping requirements: Perimeter landscaping requirements for areas not previously addressed in this chapter shall be adhered to as follows: (1) RM-5, R-3U, RM-10, R-3 and R-4A zoned properties shall provide three 3 trees, with one (1) tree being a shade tree, for every forty (40� linear feet or major fraction thereof and a continuous hedge. This requirement is in addition to other requirements in this Chapter except along a street frontage where only two (2) trees, with one _U tree_ being a shade tree and a continuous hedge is required in addition to the street tree requirement. (2) B-1, B-2, B-3, B-5, B-6, 1-1, L-1 and MXD zoned properties shall provide three _(3) trees, with one (1) tree being a shade tree, for every forty (40)_linear feet or major fraction thereof and a continuous hedge. Along the main public street frontage, involving only one (1) perimeter unless the property is a corner property or a double frontage property that has store fronts facing it, this requirement shall be reduced to one (1) shade tree, in addition to the street tree requirement and a continuous hedge. (3) S-1 s A-1, A-5 and SU zoned properties shall provide three (3) trees, with one (1) tree being a shade tree, for every forty (40) linear feet or major fraction thereof and a continuous hedge. This requirement is in addition to other requirements in this Chapter except along a street frontage where only two (2) trees, with one (1) tree being a shade tree and a continuous hedge is required in addition to the street tree requirement. (4) Waterway frontage shall be landscaped. This landscape area shall_ be at least the same as the perimeter requirements required above, except in residentially zoned properties where a reduction of the continuous hedge requirement may be allowed upon determination the city manager or his designee. (5) Where abutting properties have the same perimeter_ landscaping requirement, the perimeter landscaping requirement can be met jointly by the abutting property owners and does not have to be duplicated by each property owner. (6) A landscaped area shall be a minimum of ten (10) feet from the property line to any vehicular use area or permanent structure in properties greater than one 1 acre other than permitted fences walls landscaping or pedestrian walkways unless specificallyrequired elsewhere in this Chapter. For properties less than one 1 acre five 5 feet shall be required unless specifically required elsewhere inthis Chapter. Coding: Words in StF" eug-h type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 37 1 (m) Pedestrian zones along building facades: (1) Recognizing that it is universally accepted that trees and other plantings function to visually and aesthetically buffer and enhance building facades to reduce air and noise pollution and to conserve energy within the structure, there shall be a landspaped 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. These provisions shall be applicable to all zoning districts including all covered parking structures or multi -level parking garages excep single family and duplex single family properties. However, these provisions shall not be applicable when a building wall faces a dedicated alleyway_ The minimum width of such landscaped zone for all structures shall be measured from the base of the building and shall relate to the adjacent structure's wall height to the top of aparapet wall, flat roof or the midpoint of the eave and ridge for a slopped roof as follows: Adjacent Structure Wall Height Wall height up to and including 60 feet Wall height greater than 60 feet Landscape Zone Width 50% of height, or ten feet, whichever is greatest no less than 30%. nor more than 50% of such wall height as determined by the City manager or his designee (2) Paved areas in the _ landscape _pedestrian zone may not constitute more than fifty (50) percent of the width of landscape pedestrian zone or seven (7) feet, whichever is less. (3) One (1) tree shall be installed in this zone per each thirty (30) lineal feet or fraction thereof, of facade width. Trees must be of a size as required by subsection (4), below. Trees may be grouped, but there must be a minimum of one (1) tree per facade. The remainder of the landscape area of the zone shall be treated appropriately with plantings, seating, and sidewalks and other pedestrian accessways. Palms may be substituted for trees in landscape zones of limited width.. Palms ,shall be required at the rate of three (3)palms for each tree that would otherwise be required under this section. Palms must be of a size as required by subsection (4), below. These requirements are in addition to other requirements required by this chapter. Coding: Words in strike threwo type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 38 For all trees required by subsection (3), above, twenty-five (25) percent of the trees must be a minimum of ten (10) feet to twelve (12) feet installed height. The remaining seventy-five (75) percent of the trees shall be of an installed size relating to the adjacent wall structure height, as heretofore defined in subsection (a) hereof, as follows: Wall Height Tree Height Tree Spread Overall Palm Height To 15 10-12 5 12-14 15-25 12-14 6 14-18 26-35 14-16 8 18-22 Over 36 16 —18 9 22 — 28 (5) The City Manager or his designee has the ability to administratively_ reduce the width of the landscape pedestrian zone by ten(10) percent in limited areas It must be demonstrated that the reduced green space is provided elsewhere on site and functions to help soften the mass of the structure. (4) Cn) Vehicular areas: All vehicular use areas shall conform to the following landscaping requirements: 1 1 1 Coding: Words in StFilfe thFeu type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 39 1 (1) Required landscaping adjacent to public right-of-way or private roadways: 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: a. At least a width of fifteen (15) feet of landscaping, measured from the property line to the vehicular use area excluding egress and ingress drives, shall be provided. The required landseapfflo shall inelude a quantity Of tFees equal te ene (1) tFee for eaeh thirty (30) linear feet OF fFaetmen thereef as FneasuFed along sueh abutting Fight of way er Mrope J A.,11 be ne i.. ther'Tr7aR sixty (60) feet and ne ele sE, 11 nreyaded in the fellewing table• b. For industrial properties which abut a trafficway as depicted on the Broward County Trafficway Map, or which are local collector roads, a minimum width of twenty (20) feet of landscaping area shall be provided along the property line. e. A conSinuou-7""hedge, le barrier�tl thFee (3) feet in height shall be pFevided along the pFopeFty line, One (1) shrub OF vine peFfive (-S) feet ef nonliving duFable baffief shall he planter) between the ba flier and the adjacent right of way. shall vim. pram � r � .l17lT_TST4 only five (6) feet shall be prey-ded-, Coding: Words in strike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 40 i ' -1111R J11i �l:iSlt-l- (3) Q Where utility easements for sewage or drainage are located in the required street buffer area, Ficus and Black Olives are not permitted in the easement. W (3)_ Interior landscaping: An area or a combination of areas, equal to fifteen (15) percent of the total vehicular use area, shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required by this chapter may be counted as part of the interior landscaping requirement as long as such landscaping is contiguous to the vehicular use area and fulfills the objective of this subsection. Black Olive trees shall not be used in vehicular use areas. a. Each parking row shall begin and end with a landscaped island. For parking rows which provide more than ten (10) parking spaces, one (1) additional landscaped island shall be provided for every ten (10) parking spaces. 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 City Manager or his designee. Landscaped islands shall be at least €we-(5) ten (10) feet in overall width, nine (9) feet inside curb permeable area, by fifteen-(1) eighteen (18) feet in overall length, sixteen (16) feet inside curb permeable area and shall have at least one (1) shade tree. The island shall be covered with turf, mulch or other living ground cover. The soil utilized within parking lot islands must be a minimum of thirty-six 36 inches in depth of natural soil not consisting of road rock, imported_ fill or other miscellaneous debris. 1 Coding: Words in strike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 41 �l b. Other suitable solutions or innovative designs to reduce heat and glare from vehicles may be substituted when approved by the city, providing that no parking stall is further away than fifty (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 city. c. Landscaped areas and walks shall require protection from vehicular encroachment through appFOPFiate 6UFbs OF wheel steps, pedestrian walkways. the use of continuous class, "D" type curbing in lieu of individual wheel stops unless specific reasons for the use of wheel stops can be justified through the city engineer. This will allow sixteen (16) feet of asphalt and a two -foot car bumper overhang. The two -foot car bumper overhang shall be in addition to the required landscape area, required .buffer area or to a sidewalk. d. A landscaped area having a width of at least five -(6) nine 9 feet shall be provided between abutting parallel rows of parking spaces. The soil utilized within this area must be a minimum of thirty-six 36 inches in depth of natural soil not consisting of road rock, imported fill or other miscellaneous debris. e. Shade trees in vehicular use areas shall be maintained to provide the maximum canopy crown. f. A center landscaped median having a width of at least five (5) feet may be installed within a driveway entrance as a traffic guide when at least twelve -foot wide driving lanes are provided. The median shall be maintained in grass, shrubs and/or ground cover and protected from vehicular encroachment by curbing. Coding: Words in strike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 42 #. (g.) Sight distance for landscaping adjacent to public rights -of - way: When an accessway intersects a public right-of-way, or when the subject property abuts the intersection of two (2) 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 (3) feet and six (6) feet measured from grade level. The sight visibility triangles are formed as follows: 1. 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 (2) sides of each triangle being twenty-five (25) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides. 2. The area of property located at a corner formed by the intersection of two (2) or more public rights -of -way, with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) sides. Obstructions to be restricted in the sight visibility triangles include fencing, walks, landscaping, signs, public utility structures or other structures. However trees or palms having limbs or foliage trimmed in such a manner that no limbs or foliage extend into the sight visibility triangle between three (3) feet and six (6) feet measured above the grade level may be planted and maintained within the triangular area described herein, provided such trees or palms do not materially impair the visibility of operators of vehicles or pedestrians. (h) Parking lot compliance. 1. Parking lot compliance: Parking lots that do not meet code requirements with regards to the size of landsca ed 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 required parking as required by Section 24-581. The city_ will make this determination after the___city and property owner have done a complete review of required parkiM and existing and proposed uses in the property. This process will be initiated by criteria detailed in Section 11-10 _regarding nonconforming properties criteria. The following options may_ be employed, as an alternative to accomplish this objective: Coding: Words in StFike thFough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 43 1 2. Smaller size trees may be substituted in parkinq islands as determined by the city manager or his designee. 3. Parking islands may be eliminated and grouped to provide larger parking islands in other areas of the property_ as described in the above section. 4. A combination of the above options may be employed to maximize the amount of larger islands and maintaining required parking spaces for the property. (* Lol Exceptions: The following exceptions will apply: (1) Special vehicular use areas which are not open to the general public for automobile parking, such as storage areas for new, used or rental motor vehicles, watercraft, trailers or construction equipment, interurban bus stations and trucking terminals, shall provide interior landscaping equal to fifteen (15) percent of the special vehicular use area. The required landscaping shall be distributed over the special vehicular use area so as to avoid the appearance of an unbroken expanse of paved area. (2) Covered parking, parking garages: All landscape regulations of the appropriate zoning district shall apply to the exterior of the garage. (Ord. No. 93-15, § 3, 6-24-93; Ord. No. 99-03, § 2, 2-10-99) 11-9. Approved tree and palm list. a)The Communitv Development Department may arant special written permission to allow the planting of trees other than those listed, to meet the Minimum Landscape Requirements. Such reguest 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. (b) Shade/canopy trees Common Name Latin name Bald Cypress Taxodium distichum * (ST) Beautyleaf Calophyllum spp. (ST) Bridalveil Caesalpinia granadillo (ST) Floss Silk Tree Chorisia speciosa Golden Rain Tree Koelreuteria formosana Golden Shower Cassia fistula (ST) Coding: Words in strike thmugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 44 Green Buttonwood Conocarpus erectus * (ST) Gumbo Limbo Bursera simaruba * (ST) Indian Tamarind Tamarindus indica Jacaranda Jacaranda mimosifolia Jamaican Dogwood Piscidia piscipula* (ST) Kapok Tree Ceiba pentandra Laurel Oak Quercus laurifolia * (ST) Live Oak Quercus virginiana (ST) Mahogany Swietenia mahogany * (ST) Mastic Sideroxylon foetidissimum Orchid trees Bauhinia spp. Paradise Tree Simaruba glauca Pigeon Plum Coccoloba diversifolia* (ST) 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* (ST) Red Silk Cotton Tree Bombax Ceiba Royal Poinciana Delonix regia (ST) Rusty Fig Ficus rubiginosa (ST) Sapodilla Manilkara zapota* (ST) Sea Grape Coccoloba uvifera * South Florida Slash Pine Pinus elliottii var. densa Shortleaf Fig Ficus citrifolia * Spanish Cherry Mimusops elengi (ST) Strangler Fig Ficus aurea * Sugarberry Celtis laevigata Sweetgum Liquidambar styraciflua Sycamore Platanus occidentalis * (ST) Wild Tamaraind Lysiloma bahamensis* (ST) 1 E Coding: Words in stdithrough type are deletions from existing law Words in underline are addition to existing law Ter�p Ord. No. 2163 September 24, 2008 Paqe 45 1 1 1 Willow Bustic Dipholis salicifolia* Yellow Poinciana Peltophorum spp. (ST) (ST) Only trees allowed for Street Trees * Florida Native Species f,g) Small trees - Trees on the small tree list shall be used under power lines. Common Name Latin Name Allspice Pimenta dioica Apple Blossom Shower Cassia javanica Black Calabash Amphitecna latifolia* Black Ironwood Krugiodendron ferreum* Black Sapote Diospyros digyna Blolly Guapira discolor* Bottlebrush, Upright and Weeping Callistemon spp. Brush Cherry Syzygium paniculata Buckthorn Bumelia spp. * Carambolla Averrhoa carambola Cassia Cassia surattensis/beariana Cattley Guava Psidium cattleianum Cherry Laurel Prunus caroliniana* Citrus Trees Citrus spp. Crape Myrtle Lagerstomia indica Dwarf Poinciana Caesalpinia pulcherrima Dahoon Holly flex cassine * East Palatka Holly flex attenuate 'East Palatka'* Fiddlewood Citharexylum fruticosum* Frangipani Plumeria spp. Geiger trees Cordia spp. * Glossy Privet Ligustrum lucidum Guiana Plum Drypetes lateriflora Coding: Words in StFike thmugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 46 I n kwood Exothea paniculata * Jamaican Caper Capparis cynophallophora* Japanese Fern Tree Filicium decipiens Jatropha Jatropha spp. Krug's Holly Ilex krugiana * Lancewood Ocotea coriacea Lignum-Vitae Guaiacum sanctum* Long Stalked Stopper, Magroveberry Psidium longipes* Longan Euphoria longan Loquat Eriobotrya japonica Lychee Litchi chinensis Madagascar Olive Norhonia emarginata Marlberry Ardisia escallonoides* Mimusops Manilkara roxburghiana Myrsine Myrsine guianensis* Persimmon Diospyros virginiana Pitch Apple Clusia rosea * Pond Apple Annona glabra* Powder Puff Calliandra 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 farnesiana* 1 1 Coding: Words in stdke through type are deletions from existing law Words in underline are addition to existing law TeMp Ord. No. 2163 September 24, 2008 Paqe 47 I I Sweet Bay Magnolia virginiana Varnish Leaf Dodonea viscose* Verawood Bulnesia arborea Wax Myrtle Myrica cerifera* Weeping Podocarpus Podocarpus gracilior Yaupon Holly /lexspp. * Yellow Elder Tecoma stans* Yellow Tabebuia Tabebuia caraiba * Florida Native Species M Palm trees 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 (1) Carpentaria Palm Carpentaria acuminate Chinese Fan Palm Livistona chinensis Coconut Palm Cocos nucifera (1) Date Palm Phoenix dactylifera Florida Silver Palm Coccothrinax argentata Florida Thatch Palm Thrinax radiata * Foxtail Palm Wodyetia bifurcate Key Thatch Palm Thrinax morrisii* Majesty Palm Ravenea glauca Medjool or Zehedi Palm Phoenix dactylifera (1) Montgomery Palm Veitchia montgomeryana Paurotis Palm Acoelorrhaphe wrightii Pindo Palm Butia capitata Queen Palm Syagrus romanzoffiana Coding: Words in StF'I( eugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Paae 48 Royal Palm Roystonea elata * (1) Screw Pine Pandanua utilis (1) Senegal Date Palm Phoenix reclinata (1) Silver Palm Coccothrinax argentata Solitaire Palm Ptychosperma elegans Spindle Palm Hyophorbe verschaffeltii Sunshine Palm Veitchia modanielsii Thatch Palm Thrinax radiate* Triangle Palm Dypsis decaryi Washingtonia Palm Washingtonia robusta Windmill Palm Trachycarpus fortunei Winin Palm Veitchia winin (1) May be used on a 1 for 1 basis * Florida Native Species Sec. 11-10. Landscape requirements for existing uses. (b) (a) Nonconforming properties: Existing properties, including parking lots, which are not in compliance with these regulations shall, upon the occurrence of any one (1) of the following events, be subject to the provisions of this chapter: (1) The total square footage of the vehicular use area is increased; or (2) There is a structural addition which increases the combined total gross floor area of all existing buildings on the property more than five hundred (500) square feet or by twenty (20) percent, whichever is less; or T.rill ��T.Rt77�R7f 1 1 C Coding: Words in s+dgh type are deletions from existing law Words in underline are addition to existing law Temp'Ord. No. 2163 September 24, 2008 Page 49 (3) Building elevation changes, excluding minor cosmetic items such as painting, lighting fixtures, awnings and signs, involving fifty 50per cent or more of the exterior walls of a roofed structure on the property within a two-year period. A modification to only art of elevation shall constitute a change in the entire elevation of that exterior wall; (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 paintings (5) 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. 6) In the event an existina orooertv cannot abide by the current provisions of this Chapter, if the above actions occur, the City Manager or his designee may re uire a property owner to bring the site to current standards to the greatest extent possible as determined through the Development Review Committee (DRC) process. (Ord. No. 93-15, § 3, 6-24-93) Sec.11-11. Enforcement. This chapter shall be the minimum standard and shall be enforced by the code enforcement division of the city. All landscaping shall be installed as specified on final approved landscape plans before request for a final kandseape zoning inspection is made by the applicant. If the landscaping requirements of this chapter have not been met at the time that a final landseape zoning inspection is requested, the awne er agent shall post with the elt' j a Bash band of ene Femaining materials, labor and etheF eests feF a peFied ef net FneFe than sixty (60) days. pjqpe!jy propertyshall not receive a certificate of occupancy from the Cit 's Building Department. (1) Any owner or agent who fails to install and/or maintain the required landscaping as specified on the final approved landscape plan and standards set forth in this chapter shall be cited by the city; in the case of failure to install required landscaping, the owner shall have forty-five (45) days to install the required landscaping;. ;+alnthe 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. Coding: Words in s#Fike thFeugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 50 (2) Each replacement tree shall be feund on the lost of the-efty. on the approved tree list. The equivalent Rreplacement trees shall be Florida No. 1 quality or better. The diameter of the replacement tree shall be equal to or greater than the diameter of the abused tree. More than one (1) 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. 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 (3) inches. Diameter measurements shall be made at four and one-half (4 1/2) feet above the ground. (2) Replacement trees shall be installed on site. 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. if no suitable public landsaFe leeatedthG vielateF shall eaeh abused tFee, the fee shall be deteFfflined by multiplying the tFee be Feplaeed on site by the tFee Femeyal fee (4) Remedial actions and replacement required under this section shall be completed within sixty (60) days of notice from the enforcement agency that such actions are required. 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. (5) 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. (6) Any violations of this chapter 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. Missing, damaged or removed irrigation (where required) shall also be considered a separate violation of this chapter. Each day such failure or neglect continues shall be deemed a separate offense. Violator shall mean a person who violates this chapter. 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. Coding: Words in s*. ke thrroutype are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 51 The minimum penalty shall be not less than two hundred fifty dollars ($250.00) for each violation. The minimum penalty shall be not less than five hundred dollars ($500.00) upon conviction. The minimum penalty may be exceeded in such cases where the city can demonstrate, using the Council of Tree and Landscape Appraisers appraisal methods, attaebed included hereto and made a part hereof, that the value of the tree or other landscaping exceeds the minimum penalty; in such cases, the appraised value of the tree or landscaping shall be the minimum penalty. The property owner or agent has the right to contract with a licensed arborist to provide such appraised value to the City as long as the above methodology is employed. (Ord. No. 93-15, § 3, 6-24-93) Chapter 24 "Zoning" Sec.24-325. Landscaping. (a) In all S-2 districts, all required yards and open spaces adjacent to streets and contiguous to residentially zoned or used land shall be planted and properly maintained with suitable planting in the form of grass, shrubs, hedges and trees to present an attractive appearance appropriate to the neighborhood. (b) Landscaping shall be provided in accordance with the landscaping regulations that apply to the B-3 (general business) district as defined in chapter 11 of the Code. (c) The installation, removal and pruning of all trees and palms within the community shall be in accordance with the standards of the National AFbeFist, Asssewafien and chapter 11 of the City Code. All other elements of landscaping shall be installed and maintained so as to meet all other applicable City Code requirements. (Ord. No. 2006-20, § 2, 12-13-06) Sec. 24-328. Property development regulations. Exceptions: (1) The maximum building height may be increased by ten (10) feet to accommodate elevator towers, mechanical equipment and screening, including parapet walls, clocktowers or other ornamental devices; provided, however, that the top horizontal area of all height encroachments shall not exceed more than fifteen (15) percent of the area of the roof. Coding: Words in stF+ke thFeugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 52 (2) The minimum interior side or rear setback shall be fifty (50) feet when abutting a residentially zoned district or an S-1 zoned district, excluding golf courses, with a landscaped buffer as provided in section 24-329(6). 11-7 k . Sec. 24-329. Special regulations. The following are special regulations for B-1 districts: (1) Enclosed uses. All uses shall be operated entirely within enclosed buildings, except where permitted in division 19 of this article, for a limited period of time, upon application to and approval of the city manager or during specified holidays for the sale of seasonal potted plants. (2) Lighting. In order to minimize offensiveness to persons on neighboring property and to eliminate distractions to and temporary blinding of drivers of vehicles passing illuminated property, all artificial parking lot lighting shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and rights -of -way. Spillover shall not exceed three (3) footcandles vertical and shall not exceed one (1) footcandle horizontal illumination on adjacent properties or structures measured at grade. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance signed and sealed by a registered engineer or architect is provided to the city stating that the lights have been field tested and meet the standards set forth above. (3) Outdoor storage. Outdoor storage of merchandise is prohibited except where permitted in division 19 of this article, for a limited period of time, upon application to and approval of the city manager or during specified holidays for the sale of seasonal potted plants. (4) Off-street parking, loading and trash containers. No off-street parking, loading or outdoor storage area or vehicular drive shall be located within ten (10) feet of any abutting residentially zoned or S-1 zoned district. No trash receptacle, fixed or mobile, shall be located in a required street setback area or within fifty (50) feet of any abutting residentially zoned district property. Loading zones shall be permitted only in the side or rear yard setback. Coding: Words in ntriL through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 53 Sec. 24-348. Property development regulations. Exceptions: (1) The minimum interior side or rear yard setback shall be fifty (50) feet when abutting property is either a residential or an S-1 zoned district with a landscaped buffer as provided in section 24 3 11-7 (k). Sec. 24-349. Special regulations. The following are special regulations for B-2 districts: (1) Enclosed uses. All uses shall be operated entirely within enclosed buildings unless otherwise approved on a site development plan. Any exposed activities such as garden supplies or automotive installations shall be fully screened from horizontal view from any point off the site. (2) Lighting. In order to minimize offensiveness to persons on neighboring property and to eliminate distractions to and temporary blinding of drivers of vehicles passing illuminated property, all artificial parking lot lighting shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and rights -of -way. Spillover shall not exceed three (3) footcandles vertical and shall not exceed one (1) footcandle horizontal illumination on adjacent properties or structures measured at grade. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance signed and sealed by a registered engineer or architect is provided to the city stating that the lights have been field tested and meet the standards set forth above. (3) Outdoor storage. Outdoor storage of merchandise shall be permitted only when incidental to the commercial use located on the same premises; provided that: a. The storage area shall not be located in any of the required setbacks. b. The stored merchandise shall not protrude above the height of the enclosing walls or buildings. (4) Off-street parking and loading. No off-street parking shall be located within ten (10) feet of any abutting residential or S-1 zoned district property. No loading shall be located within thirty (30) feet of any abutting residentially zoned district property. No trash receptacle, fixed or mobile, shall be located in a required street setback area or within fifty (50) feet of any abutting residentially zoned district property. Coding: Words in stdi eugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 54 Sec. 24-369. Special regulations. The following are special regulations for B-3 districts: (1) Lighting. In order to minimize offensiveness to persons on neighboring property and to eliminate distractions to and temporary blinding of drivers of vehicles passing illuminated property, all artificial parking lot lighting shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and rights -of -way. Spillover shall not exceed three (3) footcandles vertical and shall not exceed one (1) footcandle horizontal illumination on adjacent properties or structures measured at grade. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance signed and sealed by a registered engineer or architect is provided to the city stating that the lights have been field tested and meet the standards set forth above. (2) Outdoor storage. Outdoor storage of merchandise shall be permitted only when incidental to the commercial use located on the same premises provided that: a. The storage area shall not be located in any of the required setbacks or yards. b. The stored merchandise shall not protrude above the height of the enclosing walls or buildings. (3) Off-street parking and loading. No off-street parking shall be located within ten (10) feet of any abutting residential or S-1 zoned district property. No loading shall be located within thirty (30) feet of any abutting residentially zoned district property. No outdoor storage area or trash receptacle, fixed or mobile, shall be located in a required street setback area, or within fifty (50) feet of any abutting residentially zoned district property. Coding: Words in s#Fike thFeugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 55 DIVISION 24. SU SPECIAL UTILITY DISTRICT Sec. 24-534. Performance standards. These performance standards apply in the [SU] special utility district and shall prevail over any provisions in the Code which are contrary thereto, except where specifically noted herein. (1) Minimum site size is one acre. When the applicant can demonstrate that a site of less than one acre is in the public interest and that a workable site of one acre or more is not available, the city commission may permit a site of less than one acre, provided all performance standards are met. (2) A landscaped buffer consisting of hedges, trees, berms or walls, shall be installed to provide a visual screen. Any ^embination of hedges, "'eFMs and walls shall be at least sox (6) feet On height at the tirne of eFdeF tO seree.n. a!' the speewal utility plot from Provisions of Chapter 11 Section 11-7 k shall be utilized to screen the view from any residentially zoned or recreationally zoned plots in the city contiguous to a special utility plot. Any combination of hedges, berms, and walls shall be at least six (6) feet in height at the time of installation in order to screen all the special utility plot area from view from any contiguous non residentially zoned and nonrecreationally zoned plots in the city contiguous to the special utility plot. When fences or walls are used as the visual screen, hedges of thirty-six (36) inches in height at the time of installation must be planted outside such fence or wall. All landscape provisions of Chapters 11, 20, and 21 apply ARTICLE VII. FENCES, WALLS AND HEDGES Sec. 24-631. Residential districts. In all residential districts, fences and walls may be erected to a maximum height of six (6) feet along the rear property line; except, if the rear property line abuts a commercially zoned property, then such maximum height permitted shall be eight (8) feet. The maximum height permitted to be installed along the side property line or elsewhere within the required side yard between the required street front setback and the rear property line shall be six (6) feet for fences and walls. The maximum height permitted to be installed along the front street setback line shall be four (4) feet for chain link fences, six (6) feet for wooden or decorative fences. All hedges, whether abutting residential, commercial or public rights -of -way shall be maintained at a maximum of ten (10) feet along the front setback line and side and rear property lines. Palm species planted to create a solid buffer, and maintained according to the National Fberist Asseeiatiens stand ate chapter 11 standards shall be exempt from the height restrictions of this section. Coding: Words in strike eagh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 56 No fences, wall or hedges shall be installed or be permitted to remain in required front street setback areas or public rights -of -way, except those properties containing two (2) street yards may erect a fence, wall or hedge no more than three (3) feet from the property line adjacent to the secondary street. A secondary street shall be defined as the street front not used as the primary entrance to a residential dwelling. Where a canal maintenance easement exists, an opening must be provided for maintenance purposes, which shall be a minimum of eight (8) feet in width. If there is a gate, it shall be hinged or removable for access. (Code 1975, § 6-44; Ord. No. 2003-10, § 2, 5-28-03) Sec. 24-632. B-1, B-2, B-3, B-5 and B-6 districts. m ow, M-01,1M W-01111M. I (Code 1975, § 6-45) Sec. 24-808. Landscaping and screening. In order to assure that the aesthetic appearance of the community is maintained, the following requirements shall apply with regard to maintenance of shrubbery and landscape materials: (1) Homeowners must maintain healthy landscaping, to include spraying, watering, weeding, trimming and fertilizing. Coding: Words in StFike threugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 57 (2) All lot areas not covered by driveways, or other paved areas or structures shall be planted with lawn grass, ground cover or other appropriate landscape materials, free of weeds. Lawns shall be neatly maintained at a height of four (4) inches or less. (3) Modifications to existing landscape material (as defined herein) shall be of equivalent replacement. (4) Landscape material shall not create pedestrian and/or motor vehicle hazards. (5) The installation, removal and pruning of all trees and palms within the community shall be in accordance with the standards of the National ^ ""orffis Asseeiatien-and chapter 11 of the City Code. All other elements of landscaping shall be installed and maintained so as to meet all other applicable City Code requirements. (Ord. No. 2004-11, § 2, 4-14-04) Chapter 10 LAND DEVELOPMENT REGULATIONS* *Cross references: Code enforcement board jurisdiction, § 2-71 et seq.; alcoholic beverages, Ch. 3; buildings and building regulations, Ch. 5; irrigation plans, § 5-96 et seq.; regulations regarding antennas and aerials, § 5-121 et seq.; regulations regarding swimming pools, § 5-146 et seq.; special assessments for local improvements, § 6-56 et seq.; open burning restricted, § 7- 54; flood prevention and protection, Ch. 8; health, sanitation and nuisances, Ch. 9; required improvements and maintenance of property, § 9-36 et seq.; regulations for trash, weeds and wild growth, etc., § 9-56 et seq.; landscaping, Ch. 11; planting of certain trees prohibited, § 11-26; licenses and business regulations, Ch. 12; parks and recreation, Ch. 15; planning and development, Ch. 17; signs and advertising, Ch. 18; streets and sidewalks, Ch. 20; procedure for excavations, cutting curbs, etc., in the streets of the city, § 20-41 et seq.; curbs and gutters in city streets, § 20-61 et seq.; construction, maintenance, etc., of sidewalks, § 20-81 et seq.; subdivisions, Ch. 21; utilities, Ch. 22; zoning, Ch. 24. State law references: Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3161. Art. I. In General, §§ 10-1--10-25 Art. II. Administration, §§ 10-26--10-45 Art. III. Site Plan Submissions, §§ 10-46--10-120 Art. IV. Standards and Criteria, §§ 10-121--10-150 Art. V. Improvements, §§ 10-151--10-325 Div. 1. Generally, §§ 10-151--10-180 Div. 2. Roads and Public Rights -Of -Way, §§ 10-181--10-205 Div. 3. Underground Wiring, §§ 10-206--10-220 Div. 4. Drainage, §§ 10-221--10-230 Div. 5. Waterways and Marine Structures, §§ 10-231--10-245 Coding: Words in StFike threuo type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 58 Div. 6. Utilities, §§ 10-246--10-265 Div. 7. Buildings, §§ 10-266--10-285 Div. 8. Fair Share Contributions for Road Improvements, §§ 10-286--10-295 Div. 9. Park and Recreation Impact Fees, §§ 10-296--10-310 Art. VI. Land Development and Consistency Standards, §§ 10-326--10-332 Sec. 10-47. Site plan submission. (Code 1975, § 7-7(B)(a)--(c); Ord. No. 92-20, § 2, 4-8-92; Ord. No. 95-10, §§ 6, 11, 6-14-95; Ord. No. 96-13, § 2, 9-25-96; Ord. No. 97-18, § 2, 10-22-97) Sec. 10-79. Landscape plans. 01011 - - - - - I Mr • - - • - • - • - • • • - �fi TWO • See. 10 311. -inteAt and puFpese: Coding: Words in strip type are deletions from existing law Words in underline are addition to existing law Temp • • No. 21• September11: Page the eity rnasteF landseape plan that it is in the best inteFest of the 6UFFent and YehieulaF and pedeStF08M Fights Of Way e0IFI-1184-wi-S- VAR";- *I- munie2pal eewnensuFate benefit and alue from street trees and landseapin therefOFP A', np%A; -Fier to site plan approyal er building AM _ arm L_L 1 MOIN arm L_L 1 MOIN Tg WP or land eveF and abeve that pFedueed by the existing use An nge on the use OF appeaFanee of land. Coding: Words in Estdi a Through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 60 1 • _�iT� .��....�:.:.:....r c�.a s arm z r„ 1 Coding: Words in dough type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 61 1 0 NW Coding: Words in StFiL gg# type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 62 �rsarssrr_7�. _ 0 317.. Exemp d e edits. Coding: Words in stFike threugh type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 63 ON ARMS Coding: Words in StFike through type are deletions from existing law Words in underline are addition to existing law Temp Ord. No. 2163 September 24, 2008 Page 64 a��ncni�� SECTION 3: It is the intention of the City Commission and it is hereby ordained 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, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Coding: Words in stdl(e threw ► type are deletions from existing law Words in underline are addition to existing law 1 Temp Ord. No. 2163 September 24, 2008 Page 65 SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this At) day of (���� , 2008. PASSED, SECOND READING this, � day of , 2008. BETH FLANSBAUM- ALABISCO MAYOR ATTEST: OF COMMISSION VOTE: 1st Reading MARIOITSWENSON, CM MAYOR FLANSBAUM-TALABISCO - CITY CLERK DIST 1: COMM. PORTNER a' - DIST 2: COMM. ATKINS-GRAB DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLE I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO C -:�- DIST 1: COMM PORTNER DIST 2: COMM. ATKINS-GRA DIST 3: V/M SULTANOF DIST 4: COMM. DRESSL4 IL fp)kER67 S. GOREN CITY ATTORNEY Coding: Words in strip type are deletions from existing law Words in underline are addition to existing law