8.8.1.

Purpose. The provisions of this section shall apply to all future development of property within the Town and shall be the minimum requirements to promote the public health, safety and general welfare by providing for installation and maintenance of certain landscaped areas; to protect the character and stability of residential, business, manufacturing, and institutional areas; and to conserve the value of land and buildings on surrounding properties and neighborhoods.

8.8.2.

Landscaping and Buffers. Landscaping areas and buffers are required between certain land uses, along certain corridors, in certain areas, and in paved parking areas to preserve the value of land and buildings on surrounding properties and neighborhoods; to eliminate or minimize potential nuisances such as noise, lights, signs, dirt, litter, unsightly buildings, or parking areas; and to encourage the proliferation of trees and vegetation. Buffers provide spacing to reduce potentially adverse impacts. Landscaping can aid in erosion prevention, oxygen production, beautification, and aesthetic enhancement of improved and vacant land.

8.8.3.

General Requirements.

A.

Landscaping plan required. The landscape requirements contained herein shall apply to all new development. Except for minimum vegetation requirements, single-family home permits shall not require a landscaping plan. No application for a building permit for a new multifamily or commercial building shall be approved unless accompanied by a landscaping plan drawn to a scale of not less than one inch equals 50 feet, showing the required off-street parking facilities and landscaping. No additions or improvements may be made on existing developed property unless the development conforms to the regulations contained herein. All landscape plans must be prepared and signed and sealed by a registered landscape architect, registered in the State of Florida.

8.8.4.

Buffer Standards and Requirements.

A.

Location and Design. Buffers shall be provided on the outer perimeter of a lot or parcel, in accordance with the requirement and standards contained herein. Buffers shall not be located on any portion of any existing, dedicated, or reserved public or private street or right-of-way. The buffer width is normally calculated parallel to the property line. Design variations are allowed, however, if the average width of the buffer conforms to the standard listed herein. Requirements will be for each 100 linear feet of boundary.

B.

Required Buffers. Requirements for buffers are based on the intensity of the proposed development or use, and the use which is developed or designated on all adjacent properties. For each 100 linear feet of boundary (or portion thereof), the following plants shall be provided in accordance with the planting standards and requirements of this section. Utilizing Table 8.8.4.B, Required Landscape Buffers, the applicant can determine the required landscape Buffers as follows:

Table 8.8.4.B

Required Landscape Buffers

Requirements are per 100 linear feet or portion thereof. Requirements from either of the following columns may be met.

C.

Alternative/Landscape Plans. Alternative landscape plans may be presented by the Applicant. Such plans would require recommendation of the Planning and Zoning Commission and approval by the Town Council.

D.

Parking Area Landscaping Adjacent to Residential Areas.

1.

Landscaping shall be provided in accordance to the following: Off-street parking or other vehicular use areas which are not entirely screened visually by an intervening building or structure from the abutting residential property shall be provided with a wall, fence or landscaped barrier not greater than six feet in height or less than three feet in height. Such barrier shall form a continuous barrier between the off-street parking area or other vehicular use area and the abutting property or right-of-way.

E.

Visibility at intersections. Landscaping shall not obstruct the visibility of automobiles at intersections. Hedges and plantings at points of ingress and egress to the public right-of-way shall not exceed two feet (24 inches) in height.

F.

Internal landscaping regulations.

1.

Off-street parking areas. All parking areas and other paved ground surface areas used for vehicular use shall have internal landscaping to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. Interior landscaped areas shall be dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 80 feet. A maximum of eight parking spaces in a row will be permitted, although adjustments may be made to save specimen trees. Each landscape break and ends of parking rows shall contain a minimum of one canopy tree. The breaks shall be a minimum of ten feet wide.

8.8.5.

Parking Lot Requirements. Landscaping shall be provided for interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define pedestrian and vehicular traffic.

A.

For developments requiring less than 100 spaces, a minimum of ten percent of the gross square footage of the paved parking lot area and entranceway shall be devoted to landscaping. For developments requiring 100 or more parking spaces, 15 percent of the gross square footage of the paved parking area and entranceway shall be devoted to landscaping.

B.

Interior landscaped areas shall be dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet. A maximum of ten parking spaces in a row will be permitted, although adjustments may be made to save specimen trees.

C.

One canopy tree and two shrubs will be required for each landscape break.

D.

Parking areas for detached single-family and duplex homes are exempt from these requirements.

E.

To promote preservation of trees in parking areas, the Town may reduce the total number of required spaces by up to ten percent in order to provide adequate area for the trees to survive provided:

1.

Spaces within the dripline are eliminated and sodded as a landscape break.

2

Trees must be at least six inches in diameter to qualify for the parking space reduction.

F.

Interior landscape breaks in parking lots shall be a minimum of ten feet by 20 feet.

8.8.6.

Minimum Tree Requirements for Residential Lots.

A.

All residential properties requesting development approval must meet minimum tree requirements as specified below unless otherwise exempted:

One of the minimum number of trees required shall be planted as a street tree. Such tree shall be planted at the time of occupancy of the structure and shall be a maximum of then ten feet inside the front property line.

B

All property owners/developers, that are requesting building permits/development approvals for individual residential lots, or individual lots within an approved subdivision (see article VI), must meet minimum tree requirements for each specific lot prior to the issuance of a certificate of occupancy, unless otherwise exempted. Individual home owners may receive a certificate of occupancy prior to the completion of the requirements of this section.

C.

Proper care and maintenance of recently planted trees; i.e., necessary water, fertilizer and support structures, shall be the property owner's/developer's responsibility and be guaranteed for the duration of an approved Maintenance Agreement (two years) with the City. Upon sale of an individual lot, the responsibility for care and maintenance of trees is transferred to the new property owner of said individual lot.

D.

The property owner will replace all required trees that do not survive during the approved Maintenance Agreement time period. The replacement tree shall fulfill the duration of the maintenance agreement.

E.

Trees used in fulfillment of the requirements of this section shall meet the requirements of section 8.8.7 and be selected from the Approved Tree List (Sec. 8.8.9). Approved ornamental and palm trees shall not exceed 25 percent of minimum tree requirements. All required trees shall be in good health, conform to the standards for Florida No. 1 or better, as given in the Grades and Standards for Nursery Plants, State of Florida, Department of Agriculture and Consumer Services as referenced herein.

8.8.7.

Planting Standards and Requirements.

A.

Preservation. Preservation of existing landscape materials and land forms is encouraged. Natural existing vegetation may be substituted for the applicable landscape buffer provided canopy trees are greater than six inches in diameter and understory/hedge/shrubbery provides a continuous visual screen from the adjacent property.

B.

Quality. Plant materials to conform with the provisions of this section shall equal or exceed the Florida No. 1, as given in "Grades and Standards for Nursery Plants, part I, 1963, and part III, State of Florida, Department of Agriculture, and amendments thereto.

1.

Canopy trees shall have a minimum height of 15 feet and caliper requirement of 3.0 inches measured four feet above the ground immediately upon planting or where required as replacement planting. Wherever trees are installed, they shall be anchored in order to provide sufficient time for the roots to become established. Trees of species providing roots known to cause damage to public roadways or other public works shall not be planted closer than 12 feet to such public works, unless the tree root system is completely encased within a container for which the minimum interior dimensions shall be five feet square and five feet deep in compliance with the construction requirements of the Town. All rootball wrapping shall be removed prior to planting.

2.

Understory trees shall have a minimum height of six feet and a caliber requirement of 1.5 inches measured four feet above the ground with a minimum four feet crown spread at the time of planting. Multi-trunk understory trees shall have no more than three main trunks with combined caliper of 2.5 inches.

3.

Shrubs and Hedges: Shrubs shall be a minimum of 24 inches in height immediately upon planting and reach an average height of 36 inches within one year of planting. Hedges shall be of non-deciduous species and planted and maintained so as to form a continuous unbroken solid, visual screen immediately upon planting.

4.

Ground Cover. Ground cover such as ivy, juniper and lily turf used in lieu of grass shall be planted in such manner as to present a finished appearance and reasonably complete coverage within three months after planting.

5.

Lawn Grass. Grass shall be species normally grown as permanent lawns in the Town. Grass seed shall be clean and reasonably free of weeds and noxious pests or diseases.

6.

Berm. When a berm is used to form a visual screen in lieu of, or in conjunction with, a hedge or wall, such berm shall not exceed a slope of 30 degrees and shall be completely covered with shrubs, grass, or other living ground cover.

C.

Designation on Site Plan. The specific species designated on the approved landscape plan shall be planted in the locations and quantities indicated.

8.8.8.

Preservation of Existing Trees. Where removal of an existing "approved" tree is approved for construction of other than a single-family residence, the Town may require the owner to move or replace said tree or trees somewhere within the property site. The replacement tree shall be a specimen from the Town's approved list and shall be a minimum of eight feet in height with a minimum trunk diameter of two inches measured six inches above the ground. In the event that the tree removed is an approved canopy tree greater than or equal to twenty-four inches in diameter when measured four feet above the ground, the owner shall provide one approved canopy tree for each eight inches of diameter removed.

8.8.9.

Approved Tree and Plant Species List.

A.

Canopy Trees. Trees which normally grow to mature height of 40 feet or more:

1.

Live Oak (Quercus virginiana);

2.

Laurel Oak (Quercus laurifolia);

3.

Shumard Oak (Quercus shumardi);

4.

Water Oak (Quercus nigra);

5.

Red Maple (Acer rubrum);

6.

American Holly (Ilex opaca);

7.

Southern Magnolia (Magnolia grandiflora);

8.

Sweet Bay (Magnolia virginiana);

9.

Sand Pine (Pinus clausa);

10.

Longleaf Pine (Pinus palustris);

11.

Loblolly Pine (Pinus taeda);

12.

Bald Cypress (Taxodium distichum);

13.

Sycamore (Acer pseudoplatanus);

14.

Slash Pine (Pinus elliottii).

B.

Understory Trees. Trees which normally grow to a mature height of 15 to 35 feet:

1.

Winged Elm (Ulmus atata);

2.

Drake Elm (Ulmus parfolia);

3.

Yaupon Holly (Ilex vomitoria);

4.

Loquat (Eriobotrya japonica);

5.

Redbud (Cercis canadensis);

6.

Dogwood (Cornus florida);

7.

Tree of Gold (Tabebuia argentea);

8.

Chicasaw Plum (Prunus angustifolia);

9.

Southern Wax Myrtle (Myrica cerifera);

10.

Crape Myrtle (Lagerstroemia indica);

11.

Citrus trees (all kinds);

12.

Walter Viburnum (Viburnum obovatum);

13.

Devilwood (Osmantuhus americanum);

14.

Bumelia (Bumelia tenax);

15.

Tar Flower (Befaria racemosa);

16.

Fringe Tree (Chionanthus virginicus);

17.

Sabal Palm.

C.

Shrubs.

1.

Sandankwa Viburnum (Viburnum suspensum);

2.

Glossy Privet (Ligustrum lucidum);

3.

Japanese Privet (Ligustrum japonicum);

4.

Podocarpus (Podocarpus macrophylla);

5.

Pittosporum (Pittosporum tobira);

6.

Surinam Cherry (Eugenia uniflora);

7.

Wax Myrtle (Myrica cevifera);

8.

Native Azaleas (Rhododendron viscosum);

9.

Star Anise (Illicum parviflorum);

10.

Eleagnus (Eleangus pungens);

11.

Florida Lencothoe (Agavista populifovia);

12.

Walter Viburnum (Viburnum obovatum);

13.

Sweet Viburnum (Viburnum odoratissium);

14.

Red Tip Photinia (Photinia glabra).

8.8.10.

Prohibited Trees.

1.

Australian Pine (Casuarina species);

2.

Cajeput or Punk Tree (Melaleuca quinquenervia);

3.

Chinaberry (Melia aedarach);

4.

Ear Tree (Enterlobium cyclocarpum);

5.

Eucalyptus species;

6.

Florida Holly or Brazilian Pepper (Schninus terebinthifolius);

7.

Paper Mulberry (Broussonetia papyrifera);

8.

Cherry Laurel (Prunus caroliniana).

8.8.11.

Performance Standards.

A.

Clustering: In order to provide a more interesting and aesthetically pleasing effect, required trees may be clustered along perimeter buffers.

B.

Shifting: Canopy trees may be shifted within the perimeter buffers, provided a minimum of two canopy trees per 100 linear feet be maintained in any one buffer.

8.8.12.

Landscaping maintenance standards and responsibilities.

A.

Landscaping shall be maintained in a manner so as to not obstruct the visibility of automobiles at intersections or at points of ingress and egress to the public right-of-way.

B.

All landscaping required under the provisions of this section shall be maintained by the owner in a viable, neat and orderly condition. Nonviable landscaping shall be replaced to satisfy the requirements of this section at the developer's or owner's expense.

8.8.13.

Hazardous trees and landscaping. The Mayor or designee may require the removal of any tree or landscaping which constitutes imminent danger to the safety of the public.

8.8.14.

Appeals. Any decision of the Mayor or designee regarding the interpretation of any portion of the provisions of this section may be taken by any person aggrieved to the Town Council.