LANDSCAPING FOR PROTECTION OF WATER QUALITY AND QUANTITY5
Editor's note— Ord. No. 2017-15, §§ 2—24, adopted May 23, 2017, repealed the former Art. VIII, §§ 39-75—39-95, and enacted a new Art. VIII as set out herein. The former Art. VIII pertained to similar subject matter and derived from Ord. No. 2012-05, § 1, adopted Feb. 14, 2012; Ord. No. 2014-21, § 1, adopted June 24, 2014; Ord. No. 2015-20, §;; 1—17, adopted April 28, 2015;
The general purposes of this article are as follows:
(a)
To establish minimum standards for the development, redevelopment, installation, and maintenance of Florida-Friendly Landscaping TM areas in the unincorporated area of Broward County, without inhibiting creative landscape design, construction, and management, and to protect and enhance the aesthetic character of Broward County;
(b)
To provide minimum standards for landscaping new developments or redevelopment and to increase the overall tree canopy of Broward County to its goal of forty percent (40%);
(c)
To promote the establishment of functional and sustainable landscapes that increase the storage of sequestered carbon and reduce greenhouse gas emissions;
(d)
To provide the physical benefits of using plants as a function of sustainability and an integral part of Broward County's urban development;
(e)
To promote the use of Leadership in Energy and Environmental Design (LEED) and The Sustainable Sites Initiative (SITES®) in the landscape environment;
(f)
To adopt NatureScape standards for landscaping new developments or redevelopment of County facilities, excluding natural areas; and
(g)
To promote water conservation, water quality improvement, and vegetation protection objectives by providing for:
(1)
The preservation of existing native plant communities in coordination with Broward County's Tree Preservation and Abuse Ordinance, Chapter 27, Article XIV, of this Code;
(2)
The reestablishment of native plant communities;
(3)
The use of site-appropriate plants;
(4)
The implementation of Florida-Friendly Landscaping TM principles as identified by the Florida Yards and Neighborhoods program operated by the University of Florida's Institute of Food and Agricultural Services Extension ("UF/IFAS Extension"), Best Management Practices identified in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (Florida Department of Environmental Protection), and as provided by law; and
(5)
The use of specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers.
The provisions of this article shall be a minimum standard and shall apply to the unincorporated areas of Broward County.
(Ord. No. 2017-15, § 2, 5-23-17)
In addition to the definitions set forth under Article II, Section 39-4 of this chapter, the following definitions shall apply when used in this article:
Accessway: A private vehicular roadway intersecting a public right-of-way.
Application or Apply: The actual physical deposit of fertilizer to turf or landscape plants.
Applicator: Any person who applies fertilizer on turf or landscape plants in Broward County.
Arboriculture, practice and science: The practice of arboriculture includes cultural techniques such as selection, planting, training, fertilization, pest and pathogen control, pruning, shaping, removal, cultivation, and management of individual trees, shrubs, vines, and other perennial woody plants. The science of arboriculture studies how these plants grow and respond to cultural practices and to their environment.
Arborist, certified: An individual trained in the art and science of planting, care, and maintenance of trees. Arborists are knowledgeable about the needs of trees and are trained and equipped to provide proper care. A Certified Arborist has obtained a minimum required level of experience in the professional tree care industry and has passed a comprehensive examination covering all facets of arboriculture.
Berm: Earthen mounding created by grading the terrain on a project site.
Best Management Practices (BMP): Turf and landscape practices or a combination of those practices which, based on research, field-testing, expert review, and economic and technological considerations, are determined to be the most effective and practicable on-location means for improving water quality, conserving water supplies, and protecting natural resources. The principles of Florida-Friendly Landscaping TM Best Management Practices are explained in detail in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, as published by the Florida Department of Environmental Protection.
Bioretention: An engineered process to manage stormwater runoff using the chemical, biological, or physical properties found in natural, terrestrial-based communities of plants, microbes, and soils.
Buffer area: An area or areas located on nonresidential property that extends the full length of the property lines abutting residential property.
Caliper, tree: The measurement of the diameter of a tree's trunk. For trees with a Diameter at Breast Height (DBH) of less than four (4) inches, tree caliper is taken at six (6) inches above the grade or crown of the root flair. A tree caliper is taken at twelve (12) inches above the grade or crown of the root flair for trees with a DBH of four (4) inches or more.
Canopy: The upper portion of a tree consisting of limbs, branches, and leaves. Canopy trees are large trees that have a canopy sufficient to form a shade cover over the ground, creating a shaded and cool environment, as in a forest.
Clear trunk: The distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.
Clear wood (Greywood): The portion of the palm trunk that is mature, measured from the top of the root ball to the base of green terminal growth or fronds.
Clear zones: The areas extending out from the perimeter security fence or wall for the Air Operations Area at the Fort Lauderdale-Hollywood International Airport. (See Section 39-77(b)(9).)
Commercial fertilizer applicator: Any person who applies fertilizer on turf or landscape plants in exchange for money, goods, services, or other valuable consideration.
Complete Street: A street where the entire right-of-way is planned, designed, and operated for all modes of transportation and all users, regardless of age or ability, as defined by the National Complete Streets Coalition (NCSC). Pedestrians, bicyclists, transit riders, and motorists of all ages and abilities must be able to safely move along and across a Complete Street.
County: Broward County or the department or division of Broward County government that the County Administrator has designated to enforce this article.
CPTED (Crime Prevention Through Environmental Design): The proper design and effective use of the built environment so as to reduce the fear and incidence of crime, and to improve the quality of life.
Diameter at Breast Height (DBH): The diameter of the tree trunk(s), measured at four and one-half (4½) feet above grade.
Dripline: The natural outside end of the branches of a tree or shrub, projected vertically to the ground.
Ecological community: Any one (1) of the native vegetative plant communities as same may be determined pursuant to Chapter 5, Article XII, Section 5-2795-281, et seq., of the Broward County Code of Ordinances.
EPGMD: The Broward County Resilient Environment Department or its successor agency.
Fertilize, fertilizing, or fertilization: The act of applying fertilizer (plant nutrients) to turf, specialized turf, or landscape plants.
Fertilizer: Any substance or mixture of substances, except pesticide/fertilizer mixtures such as "weed and feed" products, that contains one (1) or more recognized plant nutrients and promotes plant growth, controls soil acidity or alkalinity, provides for soil enrichment, or provides other corrective measures to the soil.
Florida-Friendly LandscapingTM: Quality landscapes that conserve water, protect the environment, are appropriate for local conditions, and are drought, wind, or salt tolerant. The principles of Florida-Friendly Landscaping TM include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida-Friendly Landscaping TM include planning and design, soil analysis, use of solid waste compost, practical use of turf, and proper maintenance. The principles of Florida-Friendly Landscaping TM are explained in detail in the most recent edition of The Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design, published by the University of Florida IFAS Extension and the Florida Department of Environmental Protection.
Foundation planting: A group of plants in a landscaped bed placed at the base of a building structure and used to blend the building with its setting.
Functional landscape: The combination of living and nonliving materials that, when installed or planted, creates an ongoing system providing aesthetic and environmental enhancement to a particular site and surrounding area.
Green infrastructure: See Sustainable Sites.
Groundcover: Low-growing plants, other than turf, used to cover the soil and form a continuous, low mass of foliage. Notwithstanding the foregoing, nothing in this chapter shall be construed to prohibit the installation of synthetic turf that complies with Department of Environmental Protection ("DEP") standards adopted pursuant to Section 125.572, Florida Statutes, as amended, on single family residential properties that are one (1) acre or less in size.
Hardscape: Areas such as patios, decks, driveways, paths, and sidewalks that do not require irrigation.
Heat island; heat island effect: The term "heat island" describes built or paved areas that are hotter than nearby rural areas due to human activities. The term "heat island effect" refers to an effect heat islands can have on communities by affecting water quality and increasing summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas emissions, and heat-related illness and mortality.
Hedge: A row of evenly spaced shrubs or other vegetation planted to form a dense, continuous, unbroken visual screen.
Hydrozone: A distinct grouping of plants with similar water needs and climatic and microclimatic requirements. Also referred to as water use zone.
Infiltration rate: The rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour).
Institutional fertilizer applicator: Any person, other than a noncommercial or commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites, and any residential properties maintained in condominium, common ownership, or common management.
Interior landscape area: A landscape area located within a vehicular use area (VUA) that is within the perimeter of a site. An interior landscape area may or may not be attached to the perimeter landscape or buffer area.
Irrigation system: A constructed watering system designed to transport and distribute water to plants.
Irrigation zone: A grouping of soakers, sprinkler heads, bubblers, or microirrigation emitters operated simultaneously by the control of one (1) valve.
Landscape: Any combination of living plants (such as grass, groundcover, shrubs, vines, hedges, palms, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).
Landscape design: Consultation for and preparation of planting plans drawn for money, goods, services, or other valuable consideration, including specifications and installation details for plants, soil amendments, mulch, edging, gravel, and other similar materials. Such plans may include only recommendations for the conceptual placement of tangible objects for landscape design projects. Construction documents, details, and specifications for placement of tangible objects and irrigation systems shall be designed, approved, or, if necessary, sealed by licensed professionals as required by Section 481.303(7), Florida Statutes.
Landscape layout plan: Plans and drawings showing the location of buildings, structures, underground and overhead utilities, pedestrian transportation, or environmental systems, and the detail for placement of site amenities, accessibility components, plantings, and other tangible objects. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes.
Landscape plans: Landscape plans may include all or some of the following: a planting plan, a landscape layout plan, an irrigation plan, a grading and drainage plan, detail sheets, and written specifications. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes. (See also Planting Plans.)
Landscape plant: Any native or exotic tree, palm, shrub, vine, hedge, or groundcover (excluding turf).
Landscaped area: The entire parcel less the building footprint, hardscapes, and nonporous areas. Water features are included in the calculation of the landscaped area.
Microirrigation: The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts, including drip, subsurface, bubbler, and spray irrigation that deliver water directly to plant root zones with a high degree of efficiency, no runoff, and little to no evaporation.
Mulch: Nonliving, organic materials customarily used in landscaping to retard erosion, retain moisture, and control weeds.
Native vegetation: Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida as identified in the Guide to the Vascular Plants of Florida, 3 rd Edition, Richard P. Wunderlin & Bruce F. Hanson, 2011, University Press of Florida, Gainesville, or the Atlas of Florida Vascular Plants, Institute for Systematic Botany (http://www.florida.plantatlas.usf.edu). For the purpose of this article, native vegetation shall consist of those plant species indigenous to the ecological communities of South Florida, as indicated on lists kept on file by the EPGMD.
NatureScape: Local County landscape program that promotes Florida-Friendly Landscaping TM principles and Best Management Practices, the incorporation of at least fifty percent (50%) native vegetation, the creation of wildlife habitats, and the planting and propagation of native, noninvasive, and drought-tolerant plants.
Noncommercial fertilizer applicator: Any natural person who applies fertilizer on turf or landscape plants on his or her own private, residential property, or that of another when not done in exchange for money, goods, services, or other valuable consideration.
Nonvehicular open space or open space: The total square footage of a parcel of land after all impervious areas are subtracted, such as the square footage area of any building footprint, walls, walks, swimming pools, and VUA, and including the pervious areas of VUA required landscaping and perimeter landscape buffer area.
Palms: Plants belonging to the monocot order of the family Palmae, distinguished by having unbranched single or multiple trunks crowned by large, compound pinnate, or palmate leaves or fronds.
Parking area: The area on a parcel or property designated for the temporary parking of vehicles. Parking areas shall be either:
(1)
Interior parking spaces that are not contiguous to, nor directly abutting, the site perimeter or street; or
(2)
Perimeter parking spaces that are contiguous to and on the street such that vehicles must enter or back into the street in order to leave the parcel or property.
Parking island or landscape island: A nonpaved area within the paved area of parking lots that provides landscaping, particularly trees, to reduce the heat island effect and to provide areas for infiltration of water into the ground aquifer to alleviate stormwater runoff.
Perimeter: The boundary or property line separating one (1) parcel of land from another or from a right-of-way.
Perimeter landscape area: The landscape area both within the buffer area, as defined herein, and directly abutting the paved perimeter of a VUA.
Pervious area: That noncompacted land located at grade that allows the passage of air and water to the subsurface and used or set aside for landscaping.
Pervious paving materials: A porous asphaltic, concrete, or other surface having a high-void aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff delivered to, paved surfaces.
Plant bed: A grouping of trees, shrubs, groundcover, perennials, or annuals growing together in a defined area devoid of turf, normally using mulch around the plants.
Plant communities: An association of native plants that are dominated by one (1) or more prominent species or a characteristic physical attribute and forming a distinct habitat.
Planting plan: Specifications and installation details for plants, soil amendments, mulch, edging, gravel, staking materials, and other similar materials. (See also landscape plan.)
Planting soil: A soil medium, which is a mix composed of fertile organics and other soil mediums, including solid waste compost, that is used to augment, enhance, and improve the native soils to maximize vitality of plant vegetation.
Point of Connection (POC): The location where an irrigation system is connected to a water supply.
Potable water; general industry; agriculture:
(1)
General industry: Water that meets the quality standards prescribed in the U.S. Public Health Service Drinking Water Standards, published in 42 CFR Part 721, or water that is approved for drinking purposes by the State or local authority having jurisdiction. (See 29 CFR § 1910.141(a)(2).)
(2)
Agriculture: Water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141. (See 29 CFR § 1928.110.)
Pressure tank: A pressurized holding tank for irrigation water coming from wells to minimize cycling of the water pump.
Reclaimed (reuse) water: Recycled wastewater that has been highly treated, filtered, and disinfected for the irrigation of landscape areas. Reclaimed (reuse) water is delivered to customers through a local reuse water distribution system, completely separate from the potable or drinking water system.
Runoff: The water that results from and occurs following a rain event, or following an irrigation event, because the water is not absorbed by the soil or landscape and flows off from the area.
Shrub: A woody plant with multiple stems produced from the base and which normally grows to an overall height of less than ten (10) feet in Southeast Florida.
Site appropriate plant: A plant that, after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial inputs or supplements such as irrigation.
Sod or lawn: Grass or turf-covered soil held together by the roots of the grass or turf.
Soil moisture sensor: A soil-based device that assesses the available plant soil moisture in order to minimize the unnecessary use of water and optimize the effectiveness of an irrigation system.
Street tree: A tree which is located within the right-of-way of a street, road, or pavement, as determined by the County or FDOT.
Subject plot, parcel, or property: The site for which a development permit is being sought pursuant to the requirements of the Code.
Sustainable: Capable of continuing long-term without depleting natural resources or being harmful to the environment or people.
Sustainable Sites; Green Infrastructure: Sites that have received certification from either the Leadership in Energy and Environmental Design (LEED) or The Sustainable Sites Initiative (SITES®).
(1)
LEED: The Sustainable Sites (SS) within the LEED category rewards decisions about the environment surrounding the building with credits that emphasize the vital relationships among buildings, ecosystems, and ecosystem services. It focuses on restoring project site elements, integrating the site with local and regional ecosystems, and preserving the biodiversity that are relied upon by the natural systems.
(2)
SITES®: The Sustainable Sites Initiative (SITES®) is a program based on the understanding that land is a crucial component of the built environment and can be planned, designed, developed, and maintained to protect and enhance the benefits we derive from healthy functioning landscapes.
Swale: A low-lying or shallow trough-like depression that carries water, mainly during rainstorms, and that provides flood control and onsite water quality mitigation through removal of pollutants and nutrients associated with runoff.
Synthetic turf: A manufactured product that resembles natural grass and is used as a surface for landscaping and recreational areas.
Tree: Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant that has a DBH of no less than three (3) inches at maturity and that normally grows to an overall height of no less than ten (10) feet in Southeast Florida.
Topsoil: Existing soil that can be separated from the top surface of the ground, retaining the original organics native to the soil at the location from which it was separated. Unlike "planting soil" which is usually mixed with sand, compost, manure, and a number of other ingredients, topsoil has no specific or specified ingredients and can be scraped from weedy fields or other natural spaces.
Tree Preservation Code: Chapter 27, Article XIV, of the Broward County Code of Ordinances.
Turf or turfgrass: A mat layer of moncotyledonous plants such as, but not limited to, Bahia, Bermuda, Centipede, Seaside Paspalum, St. Augustine, and Zoysia and their cultivars.
Valve: A device used to control the flow of water in an irrigation zone.
Vegetation: Angiosperms, gymnosperms, ferns, mosses, or other living plant material.
Vehicular use areas or VUAs: Areas used for the display or parking of any type of vehicle, board, or construction equipment, whether self-propelled or not, and all land upon which such vehicles traverse.
Vine: Any plant with a long, slender stem that trails or creeps on the ground or climbs by winding or attaching itself on a support structure such as walls, poles, or trees.
(Ord. No. 2017-15, § 3, 5-23-17Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2022-22, § 18, 5-11-22; Ord. No. 2025-32, § 2, 9-16-25)
(a)
All development of land requiring a site plan review in accordance with this chapter shall require submittal of a landscape plan that complies with the provisions of this article. Where required by Chapter 481, Florida Statutes, landscape plans shall be prepared by a registered landscape architect, or other person authorized pursuant to Sections 481.301 through 481.329, Florida Statutes.
(b)
Exemptions: In addition to the exemptions provided for in Section 39-411(b)(1) of the Broward County Code of Ordinances, the following shall be exempted from the provisions of this article:
(1)
Bona fide agricultural activities;
(2)
Athletic fields;
(3)
Golf course play areas;
(4)
Grass parking areas on facilities where grass parking is permitted;
(5)
Turf in stormwater management areas;
(6)
Community play areas;
(7)
Cemeteries;
(8)
Everglades restoration projects;
(9)
Airports: The "clear zones" extending from the perimeter security fence or wall for the Air Operations Area at the Fort Lauderdale-Hollywood International Airport, including the airspace above and within the clear zones, as described in the Airport Security Program mandated by the United States Department of Homeland Security, Transportation Security Administration, pursuant to federal aviation security requirements in effect currently or in the future, so as not to obstruct the visibility of the perimeter security fence or wall;
(10)
Airside developments: Property considered airside of the Air Operations Area at the Fort Lauderdale-Hollywood International Airport; and
(11)
Underpasses: Properties or portions of properties that lie directly under an elevated right-of-way; except for the requirements of shrubs and groundcover pursuant to Section 39-87(a) that, in the alternative, may require nonliving landscape material such as mulch or gravel, if more practical and appropriate.
(Ord. No. 2017-15, § 4, 5-23-17; Ord. No. 2020-34, §§ 1, 15, 9-22-20; Ord. No. 2022-22, § 7, 5-11-22)
(a)
Low impact site design practices, such as preserving existing native trees and vegetation, shall be used to the extent feasible. Where established native vegetation is incorporated into the landscape design, irrigation of those areas shall not be required.
(b)
The plant palette and irrigation system shall be appropriate for site conditions, taking into account that, in some cases, soil improvement can enhance water use efficiency.
(c)
Plants shall be grouped together by irrigation demand. The percentage of landscaped area in irrigated high water use hydrozones shall be minimized.
(d)
All landscapes must be designed and planted in accordance with Florida-Friendly Landscaping TM principles. The percentage of landscaped area, excluding turfgrass areas, in irrigated high water use hydrozones shall be no more than twenty percent (20%) of the total non-turfgrass landscaped area.
(e)
Site designs and landscape plans shall be prepared in accordance with the requirements of all applicable Florida and local laws, rules, regulations, and ordinances. All landscape irrigation system designs shall be consistent with the standards for water conservation developed pursuant to Section 373.228, Florida Statutes.
(f)
The landscape plan design shall consider offsite features such as buildings, infrastructure, trees on abutting properties, or the canopy dripline that could encroach onto the subject property or be within a distance that would affect the subject property's landscape design. In all such cases, the landscape design shall take these offsite features into consideration so they will not conflict with each other, now or in the future, and will develop in harmony with the surrounding properties as the landscape normally matures.
(g)
The landscape plan design shall consider proximity of proposed trees with both onsite and offsite features so that the development of tree roots will not destroy these features or infrastructure. Both canopy and the development of mature roots shall be considered when selecting tree species. Credit may be provided towards the required tree count, as described in Section 39-87(b)(2)(g), in cases where trees protrude onto the subject property.
(h)
Solar panels on roofs or on the ground within the landscape area, if present or planned for the future, shall be taken into account when designing the species and tree placement of the landscaping on the subject property so as not to block sun access to the solar panels.
(i)
The landscape plan design shall consider natural drainage features to minimize runoff. The use of pervious surfaces and areas is preferred; therefore, impervious surfaces and materials within the landscaped area shall be limited to borders, sidewalks, step stones, parking lots, and other similar materials, and shall not exceed ten percent (10%) of the landscaped area. Use of pervious paving materials, where appropriate, is encouraged.
(j)
The landscape plan design should consider the soil volume requirements for trees based on their size at maturity and their distance from any adjacent paved or hardscape areas and utility infrastructure. Larger soil volumes lead to greater tree size, better tree health, longer tree life, greater environmental benefits, and fewer costs, such as those associated with tree replacement and damage by roots to property improvements and infrastructure.
(k)
For properties that are five (5) acres or less in size, reclaimed or nonpotable water should be used for irrigation if an acceptable source is determined to be available by the water provider and there is a reclaimed (reuse) water transmission line that is within one thousand (1,000) feet of the subject property, as measured from the property line of the subject property. For properties larger than five (5) acres in size and that have a reclaimed (reuse) water transmission line within one thousand (1,000) feet of the subject property, as measured from the property line of the subject property, reclaimed (reuse) water shall be used for irrigation of the property.
(l)
Landscape design shall conform to meet Crime Prevention Through Environmental Design (CPTED) principles.
(Ord. No. 2017-15, § 5, 5-23-17)
(a)
Landscape plans required. All new developments shall submit landscape plans in the form of a landscape permit application, building permit application, or as part of an overall development order for site plan approval. Landscape plans shall identify the plants selected for the site, the quantity, size, and quality of such plants, in accordance with the Broward County NatureScape program promoting Florida-Friendly Landscaping TM and Best Management Practices, and planting specifications, as required by this article.
(b)
Landscape plans shall meet the following requirements:
(1)
Be drawn at a minimum scale of one (1) inch equals twenty (20) feet;
(2)
Depict zoning designations of property and abutting property in a format approved by the Zoning Official;
(3)
Depict the location and outline of existing and proposed buildings and site improvements, water bodies, and hardscape features such as driveways, sidewalks, pools, fountains, fences, and retaining walls;
(4)
Depict site plan calculations displayed in a format approved by the Zoning Official;
(5)
Depict the location of all on-grade, underground, and overhead utilities;
(6)
Include a site survey, tree survey, and site assessment no more than one (1) year old, unless otherwise approved by the Zoning Official, in accordance with the requirements of Section 39-80 of this article;
(7)
Include a table, in a format approved by the Zoning Official, indicating the location of all proposed landscape material to be used, and a landscape material schedule listing all plants being used with their botanical, common, and, where applicable, cultivar names; spacing; quantities; size of each type of plant by container size, specified height, and spread; degree of drought tolerance (as determined by the most recent edition of the South Florida Water Management District's guide Waterwise: South Florida Landscapes); and indication of whether native to South Florida;
(8)
The location of all existing and proposed light standards;
(9)
Include a table, in a format approved by the Zoning Official, showing the total square footage of the various landscape hydrozones on the plan;
(10)
Except for single family and duplex residential developments, include a notation indicating that all applications of fertilizer shall be performed by a commercial fertilizer applicator, certified by the Department of Agriculture and Consumer Services pursuant to Section 482.1562, Florida Statutes; and
(11)
Except for single family and duplex residential developments, include a notation indicating that all applications of pesticides, including "weed and feed" products, should be made in accordance with State and federal law and the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries.
(Ord. No. 2017-15, § 6, 5-23-17)
(a)
Site Survey:
(1)
All site surveys must show all existing:
a.
Zoning designations for the subject property and all contiguous parcels;
b.
Grade elevations sufficient to determine the direction of existing flow or runoff;
c.
Overhead, on-grade, and below-grade utilities such as transformers, fire hydrants, underground cables, water mains, etc.;
d.
Light poles and type of lighting; and
e.
Tree and vegetation inventory.
(b)
All tree surveys and inventories must include the following information for each tree surveyed and inventoried, onsite and offsite:
(1)
Location and DBH of:
a.
Onsite: all trees that are of a DBH of three inches (3") or more; and
b.
Offsite: all trees that are of a caliper of four inches (4") or more and within twenty-five (25) feet from the property line around the perimeter of the subject parcel or perimeter;
(2)
Botanical and common name;
(3)
Height and spread of the canopy; and
(4)
Tree condition rating:
a.
Excellent (rating of 1), Florida Fancy;
b.
Good (rating of 2), Florida # 1 - may require corrective pruning; some minor injuries may be present;
c.
Average (rating of 3);
d.
Below Average (rating of 4), Florida # 2 - will require major corrective pruning to form a structurally strong tree; and
e.
Dead, hazard, cull (rating of 5).
(c)
All site assessments shall:
(1)
Determine whether existing wetlands or ecological communities exist onsite or within fifty (50) feet offsite from the perimeter of the subject property. If so, said wetlands or ecological communities shall be indicated on the survey, consistent with Chapter 5, Article XII, of the Broward County Code of Ordinances;
(2)
For properties of five (5) acres or more in size, determine whether there is a reclaimed (reuse) water line within one thousand (1,000) feet of the subject property, as measured from the property line of the subject property, that is available for irrigation; and
(3)
Include the following:
a.
Soil type and structure;
b.
Topography;
c.
Hydrology;
d.
Climate factors; and
e.
Vegetation.
(Ord. No. 2017-15, § 8, 5-23-17)
(a)
Ecological communities shall be preserved pursuant to Chapter 5, Article XII, Sections 5-279 through 5-286, of the Broward County Code of Ordinances. Sites shall incorporate or create an ecological community as follows:
(1)
Sites of two (2) to five (5) acres in size may incorporate an ecological community into the landscape perimeter buffer or interior landscaping requirements.
(2)
On sites of more than five (5) acres in size, where there is no viable ecological community, the applicant shall so indicate on the landscape plan and set aside an area or areas equivalent to two and one-half percent (2½%) of the site to be planted and preserved as an ecological community. An ecological community created on any portion of the subject property shall count towards meeting the requirements of this article.
(3)
Single family and single duplex lots, independent of a larger development, shall not be subject to the ecological community or set aside requirements, but are subject to the requirements of Section 39-85 of this article. Tree preservation ordinances shall remain applicable to all development as described in Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(b)
Tree preservation ordinances. Notwithstanding the requirements of Chapter 27, Article XIV, of the Broward County Code of Ordinances, when clearing, care should be taken to preserve as much of the native woody vegetation on the site as practicable. Vegetation that is set aside for preservation shall be protected from all onsite construction impacts. Protective barriers shall be installed along the perimeter of all preserve areas. Protective barriers shall be constructed at such intervals to prevent machinery from passing between them. No equipment or materials shall be permitted to be stored within the set aside areas, and dumping of excess soil, liquids, or any other construction debris within the preservation areas is prohibited. Removal or regrading of soils within preservation areas is prohibited. Any damaged vegetation within the set aside areas shall be replaced with vegetation equivalent to the vegetation destroyed before any certificates of occupancy or other site plan approvals may be issued.
(c)
Utility facilities, easements, or rights-of-way; stormwater, drainage, and flowage easements and rights-of-way; and current and future rights-of-way identified in the County's Trafficways Plan are exempt from provisions (a) and (b) of this section. However, applications for conceptual site plan review or final site plan approval should not locate such facilities, easements, or rights-of-way within preserved ecological communities, unless impracticable, and shall not designate areas affected by such facilities, easements, or rights-of-way as a set aside area.
(Ord. No. 2017-15, § 9, 5-23-17)
(a)
Existing topsoil or imported topsoil.
(1)
Where landscape plans are required, applicants are encouraged to seek a soil test and analysis, performed by a reputable soil testing lab, to determine soil texture, percentage of organic matter, measurement of pH, total soluble salts, and estimated soil infiltration rate.
(2)
Existing horticulturally-suitable topsoil onsite shall be stockpiled and respread during final site grading.
(3)
Any imported topsoil required shall be similar to the existing soil in pH, texture, permeability, and other characteristics, unless demonstrated to the EPGMD that a different type of soil amendment approach is justified. Further, existing or imported topsoil:
a.
Shall be free of roots, clods, stones larger than three-fourths (¾) inch in the greatest dimension, pockets of coarse sand, noxious weeds, sticks, lumber, brush, and other litter. It shall not be infested with undesirable disease-causing organisms such as insects and plant pathogens; and
b.
For all planting areas, shall be composed of a minimum of thirty percent (30%) muck or horticulturally-acceptable organic material.
(b)
Mechanically mixed planting soil.
(1)
Mechanically mixed planting soil is typically identified as being composed of sandy loam (fifty percent (50%) coarse sand and fifty percent (50%) muck), typical of the locality, or as specified. At a minimum, mechanically mixed planting soil must meet the following requirements:
a.
Gradation limits - soil shall be a sandy loam, loam, or clay loam. The definition of soil texture shall be the USDA classification scheme. Gravel over one-quarter (¼) inch in diameter shall be less than twenty percent (20%) by weight.
b.
Permeability rate - hydraulic conductivity rate shall be not less than one inch (1") per hour nor more than twenty inches (20") per hour, when tested in accordance with the USDA Handbook Number 60 (Diagnosis and Improvement of Saline and Alkaline Soils), method 34b, Hydraulic Conductivity of Disturbed Soils, or other approved method.
c.
Fertility - the range of the essential elemental concentration in soil shall be as specified for its intended use.
(2)
The use of solid waste compost as a soil amendment is encouraged, where it is appropriate.
(Ord. No. 2017-15, § 7, 5-23-17)
(a)
General. Plant selection should be based on the plant's adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color, and texture. Plant species that are tolerant to drought, wind, or salt are preferred. Determinations of prohibited and controlled plant species shall be pursuant to the Department of Agriculture and Consumer Services, Chapter 5B-57, Florida Administrative Code (F.A.C.), and the Florida Exotic Pest Plant Council (FLEPPC) Invasive Plant Species list. Plant species identified as prohibited and controlled according to Chapter 5B-57, F.A.C., and the FLEPPC Invasive Plant Species list may not be used, except as specifically allowed therein.
(1)
Plant quality grades. Plants used to meet the requirements of this article shall conform to the standards for Florida Grade One, or better, as provided in the most current edition of Florida Grades and Standards for Nursery Plants, by the Division of Plant Industry, Department of Agriculture and Consumer Affairs, State of Florida. Sod shall be clean and visibly free of weeds, noxious pests, and diseases.
(2)
Native plant species. Fifty percent (50%) of all vegetation, excluding turf, required to be planted by this article shall be vegetation native to South Florida, consistent with NatureScape landscape principles and Florida-Friendly Landscaping TM principles. Native and drought-tolerant landscaping shall be identified on the landscape plan in compliance with the zoning designation of the property, as indicated in Sections 39-85 and 39-87 of this article.
(3)
Invasive plants. Prohibited and controlled plant species, pursuant to the Department of Agriculture and Consumer Services, Chapter 5B-57, FLEPPC Invasive Plant Species list, that are existing on site shall be removed.
(b)
Water requirements for plants. Plants shall be grouped in accordance with their respective water (hydrozone) and maintenance needs consistent with Florida-Friendly Landscaping TM principles. Plants with similar water and cultural (soil, climate, sun, and light) requirements shall be grouped together (habitat). Consideration should be given to plantings that require minimal or no use of gasoline-powered maintenance equipment.
(1)
The hydrozones shall be shown on the irrigation layout and planting plans, as required. Where natural conditions are such that irrigation is not required, the presence of site-appropriate plants shall not be considered a high water use hydrozone.
(2)
For the purposes of the Code, hydrozones shall be grouped into the following hydrozone categories:
a.
High water use hydrozone - typically annuals, grass, and sod;
b.
Medium water use hydrozone - combination of a high and low water use hydrozone; and
c.
Low water use hydrozone - drought tolerant plantings and most trees.
(3)
The combined size of all high water use hydrozones, other than turf areas, shall be limited to twenty percent (20%) of the total landscaped area. In landscapes irrigated with reclaimed (reuse) water, the allowable size of all high water use zones shall not be limited. These high water use limits do not apply to landscaped areas requiring large amounts of turf for their primary functions.
(c)
Tree species. Canopy trees shall be of a species having an average mature crown spread of greater than twenty (20) feet and shall have trunks that can be maintained with over six (6) feet of clear trunk. Trees or palms having an average mature crown spread of less than twenty (20) feet may be substituted by grouping the same so as to create the equivalent of a twenty (20) foot crown spread. Such a grouping shall count as one (1) tree towards meeting tree requirements for any provision herein. Additional tree requirements and considerations are as follows:
(1)
Tree sizes: Tree species shall have a minimum height as shown below at time of installation. Minimum canopy spread shall be characteristic of the species at such height.
a.
Small trees (mature height of less than 15 feet): minimum tree size is 8 feet;
b.
Medium trees (mature height of 15 feet - 25 feet): minimum tree size is 10 feet; and
c.
Large trees (mature height of more than 25 feet): minimum tree size is 12 feet.
(2)
Tree species diversity requirements: Based on the existing and required quantity of total trees required to meet the requirements of the Code for the subject property, the following conditions shall determine the number of differing species that will be required:
Preserved Trees + Existing Trees = Total Required Trees. Therefore, if:
a.
Required trees = 6—10, then a minimum of two (2) species shall be used.
b.
Required trees = 11—20, then a minimum of three (3) species shall be used.
c.
Required trees = 21—50, then a minimum of four (4) species shall be used.
d.
Required Trees = 51 or more, then a minimum of five (5) species shall be used.
These requirements are based on perimeter and interior requirement totals and calculations.
(3)
Credit for existing native and noninvasive trees preserved on a site shall be granted towards meeting the tree requirements of any landscaping provisions of this article. No credit shall be granted for preserved trees that are in extremely poor condition or have a tree condition rating of 5.
(4)
Trees used in the required landscaping adjacent to a public street or swale are subject to approval by the County so that the sustainable character, biological diversity of tree species, and safety of the public street can be maintained, the reduction of the urban heat island effect shall be encouraged, and Complete Streets and "walkable" communities shall be promoted.
(5)
All large trees installed within six (6) feet of public infrastructure shall utilize a root barrier system, as approved by the County. Tree root barriers shall be installed at the sidewalk edge in those circumstances where tree roots are causing, or may potentially cause, a trip hazard because of lifting of some portions of a public sidewalk.
(6)
Tree removal is to be conducted pursuant to Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(d)
Palm species. Palms shall be of a species that has an average mature crown spread of not less than fifteen (15) feet, or may be substituted with smaller palms by grouping the same so as to create the equivalent of a twenty (20) foot crown spread, subject to the following:
(1)
Palms shall have a minimum of six (6) feet of clear trunk or greywood at installation.
(2)
Palms shall constitute no more than thirty-five percent (35%) of the total tree requirements.
(e)
Shrub species. Shrubs used as hedges shall be a minimum height of two (2) feet, full to base, and planted two (2) feet on center when measured immediately after planting. When shrubs are used as a screen around vehicular open space areas, said shrubs shall be a minimum of two (2) feet in height above the vehicular open space pavement surface that directly abuts the shrubs at time of planting and, if within a safe sight distance triangle, shall be no greater than thirty (30) inches in height, in accordance to Section 39-88 of this article. Hedges required as a buffer shall be planted and maintained so as to form a continuous, unbroken solid visual screen, with a minimum height of three (3) feet to be attained within one (1) year after planting. Use of several native species is preferable, but not required. When seen in profile, the upper portion of the hedge shall be narrower than the lower portion.
(f)
Vine species. Vines shall be a minimum of thirty (30) inches in supported height immediately after planting, may be used in conjunction with fences, visual screens, or walls, and shall be planted at ten (10) foot intervals to meet landscape buffer requirements.
(g)
Groundcover species. Groundcover shall be planted with a minimum of fifty percent (50%) coverage, with one hundred percent (100%) coverage occurring within six (6) months after installation.
(h)
Turf. Turf areas shall be sodded using species suitable as permanent lawns in the County. Where appropriate, turf species that require minimum irrigation are encouraged. The type and location of turf areas shall be selected in the same manner as with all the other plantings. Irrigated turf areas, as opposed to nonirrigated turf areas, are considered to be high water use hydrozones. Irrigated turf shall not be treated as a fill-in material but rather as a planned element of the landscape. Turf shall be placed so that it can be irrigated using separate zones.
(1)
Irrigated turf areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreation use, provide cover for septic tank drainfields and required drainfield reserve areas, or provide soil erosion control, such as on slopes or in swales, and, in limited instances, where turf is used as a design unifier or other similar practical use.
(2)
As a matter of public safety, no turf that requires mowing shall be allowed on slopes greater than four-to-one (4:1) or within ten (10) feet of the water's edge, except where adjacent to seawalls and bulkheads or needed to control erosion.
(3)
Turf areas shall be identified on the landscape plan and be subject to the requirement that no more than fifty percent (50%) of the landscaped area for multifamily dwellings and other development uses (excluding single family residences and duplex dwellings, which are subject to the turf requirements set forth in Section 39-85 of this article) may be in turf.
(i)
Sustainable Sites. LEED and Sustainable Sites concepts are encouraged in order to increase Green Infrastructure for sites being developed and to make them more environmentally conducive.
(1)
The Sustainable Sites (SS) LEED category rewards decisions about the environment surrounding the building, with credits that emphasize the vital relationships among buildings, ecosystems, and ecosystem services. It focuses on restoring project site elements, integrating the site with local and regional ecosystems, and preserving the biodiversity relied upon by natural systems.
(2)
The Sustainable Sites Initiative (SITES®) is a program based on the understanding that land is a crucial component of the built environment and can be planned, designed, developed, and maintained to protect and enhance the benefits derived from healthy functioning landscapes.
(Ord. No. 2017-15, § 10, 5-23-17)
All landscaping shall be installed according to accepted planting procedures with the quality of plants as described in Section 39-83 of this article.
(a)
Topsoil shall be of the minimum quality as specified in Section 39-82 of this article. Excluding palm trees, all trees shall be planted with twelve (12) inches of topsoil around the root ball and shrubs shall be planted with a minimum of six (6) inches of topsoil around the root ball. A minimum of three (3) inches of shredded, approved, organic mulch or groundcover shall be installed around each tree planting, including palms, for a minimum of thirty-six (36) inches beyond its trunk in all directions and throughout all hedge and shrub planting. A six (6) inch clear area will be made around each trunk to prevent root rot and other damaging effects. The use of clean mulch (i.e., seeds killed) either recycled or obtained from Melaleuca, Eucalyptus, Australian Pine, or other nonold growth hardwood is encouraged in order to reduce impacts on the environment and to preserve the remaining native plant communities.
(b)
All trees and palms shall be properly guyed and/or staked at the time of planting until establishment, which should not exceed more than seven (7) months for broadleaf trees and one (1) year for palms. The use of nails, wire, rope, or any other method which damages the trees or palms is prohibited. All plants shall be installed so that the top of the root ball remains even with, or slightly above, the soil grade.
(c)
No large trees which are indicated as "Category 1 Trees" in Appendix 1 of Chapter 27, Article XIV, of the Broward County Code of Ordinances, shall be located closer than twelve (12) feet from streetlights. No palms shall be closer than seven (7) feet from streetlights. The spacing of trees from electric utility lines must follow those guidelines established by Florida Power and Light publication "Right Tree, Right Place," and the publication The Florida Yards & Neighborhoods Handbook, 2015, with Section #1: "Right Plant, Right Place."
(d)
The soil volume around and adjacent to the tree should be adequate to allow for a healthy root zone based on the ultimate tree size at maturity.
(e)
A layer of organic mulch three (3) inches deep shall be placed in plant beds, except annual beds, and individual trees in turf areas. Mulch rings should extend at least three (3) feet around freestanding trees and shrubs. Mulch should be at least six (6) inches away from any portion of a building or structure, or the trunks of trees, and at least three (3) inches away from the base of shrubs.
(f)
Inspections of site for landscape installation:
(1)
Prior to installation, a preinspection of the site by the County is required to determine conditions on the subject property and appropriate use and selection of landscape material.
(2)
Before the landscape inspector makes the final inspection on commercial and industrial sites only, the landscape architect of record shall provide a certification letter to the County certifying that the landscaping was installed according to the plans and specifications.
(3)
On commercial and industrial sites only, a final landscape inspection by the County will be required upon completion.
(g)
When the landscaping has been installed and established by the contractor or installer, the owner of the property shall be subject to this article and shall be responsible for the maintenance of the land and landscaping so as to present a healthy, sustainable, vigorous, and neat appearance, free from refuse and debris.
(Ord. No. 2017-15, § 11, 5-23-17)
All new single family and duplex residential dwellings shall conform to the following landscaping requirements:
(a)
Landscape plans required. Owners of detached single family and duplex residential dwellings may submit landscape plans in the form of a landscape permit application. Any such landscape plans, or a note included on the corresponding site plans if no landscape plans are submitted for a particular project, shall identify the plants selected for the site and the quantity, size, and quality of such plants (including which plants constitute Florida-Friendly Landscaping TM vegetation), and planting specifications, as required by this article. Landscape drawings are not required for single family residences and duplex dwellings.
(b)
Generalized minimum landscape and irrigation requirements. The following table shall be used as a general interpretation of the required minimum landscape and buffering standards by lot size. Additional minimum landscape requirements, applicable to all new development, are contained in Section 39-85(c) below. Regulations for each zoning district may contain further landscape requirements related to specific uses.
Table 1
Minimum Landscape Requirements; Single family, duplex residential uses
(subject to additional minimum landscape requirements in Section 39-85(c) of the Code).
(c)
Additional minimum landscape requirements.
(1)
Prohibited and invasive tree species.
a.
Prohibited and invasive tree species shall not be counted towards fulfilling minimum tree requirements.
b.
Prohibited and invasive trees shall be removed from the property.
(2)
Shade trees. All developments shall provide the required number of shade trees in compliance with the following standards:
a.
Trees required in this section shall have a minimum overall height of ten (10) feet to twelve (12) feet or greater, with a minimum canopy spread characteristic of the species at such height and DBH requirements according to Florida Grades & Standards for Florida Nursery Plants.
b.
No more than fifty percent (50%) of required shade trees shall be palms, where every three (3) palms shall equal one (1) required shade tree.
c.
A minimum of one (1) shade tree shall be planted in the front yard; all other required trees shall be planted consistent the principles of the Florida-Friendly Landscaping TM Guide.
d.
Existing trees on site shall be protected according to the "Tree Preservation Ordinance," Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(3)
Shrubs, hedging.
a.
All shrubs shall be a minimum of eighteen (18) inches in height, when measured immediately after planting, and spaced a maximum of thirty (30) inches on center.
b.
A minimum fifty percent (50%) of required shrubs shall be listed native species in the Florida-Friendly Landscaping TM Guide.
c.
The height of any hedge shall not exceed eight (8) feet, except in the safe sight distance triangle of driveways where the maximum height shall be thirty-six (36) inches.
d.
Hedges may be placed on the property lines; however, this regulation shall not be construed to permit such hedges to extend beyond the official right-of-way lines or property lines.
e.
Hedges shall be incorporated into the landscape design so as to screen air conditioning units or other equipment from being visible from public rights-of-way.
(4)
Foundation planting.
a.
Foundation planting may be shrubs, groundcover, or combinations thereof and shall be counted towards the minimum native species requirements and Florida-Friendly Landscaping TM requirements of this section.
b.
Foundation planting shall be installed adjacent to and span along the foundation of any residential structure, or portion thereof, that faces a public right-of-way, except that foundation planting shall not block any entryways, windows, or openings.
c.
The quantity and type of foundation plants shall vary depending on the building size, configuration, and entryways and openings.
(5)
Florida-Friendly Landscaping TM .
a.
At least five percent (5%) of the lot area shall be installed with Florida-Friendly Landscaping TM .
b.
All species and quantities of Florida-Friendly Landscaping TM shall count towards the total required amount of Florida-Friendly Landscaping TM .
(6)
Turf and groundcover.
a.
Either turf, synthetic turf (if permitted by Section 125.572, Florida Statutes), or groundcover, or a combination thereof, shall be installed on all areas of the property not covered by buildings, paving, concrete slabs, or other impervious improvements. Synthetic turf that complies with DEP standards adopted pursuant to Section 125.572, Florida Statutes, as amended, may be installed on single family residential properties that are one (1) acre or less in size.
b.
In areas where no turf or groundcover is required, the property shall be maintained in its natural state; except that all invasive species shall be removed. This requirement shall not apply to those single family residential properties that are one (1) acre or less in size where synthetic turf is installed that complies with DEP standards adopted pursuant to Section 125.572, Florida Statutes, as amended.
c.
All areas of disturbed soil shall be covered with either turf, synthetic turf (if permitted by Section 125.572, Florida Statutes), groundcover, or a combination thereof.
(7)
Irrigation.
a.
All irrigation systems shall meet the irrigation standards developed pursuant to Section 373.228, Florida Statutes. Unless synthetic turf is installed as permitted by Section 125.572, Florida Statutes, all required landscape areas for single family residences and duplex dwellings shall be provided with an automatically operating, underground irrigation system designed to have head-to-head coverage (one hundred percent (100%) coverage with one hundred percent (100%) overlap).
b.
Pursuant to Section 373.62, Florida Statutes, rain shut-off switch equipment shall be required on automatic irrigation systems to avoid irrigation during periods of sufficient rainfall or soil moisture. The equipment shall consist of an automatic mechanical or electronic sensing device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.
(8)
Fertilizer applications. Noncommercial fertilizer applicators, not otherwise required to be certified, such as private citizens applying fertilizer on private residential properties, are encouraged to follow the most recent edition of the Florida Yards and Neighborhood Handbook (University of Florida) and UF/IFAS Extension's most recent Florida Yards and Neighborhoods program recommendations.
(9)
Pesticide applications. Persons applying pesticides on private residential properties should use an "Integrated Pest Management Strategy," as currently recommended by the UF/IFAS Extension publications.
(Ord. No. 2017-15, § 14, 5-23-17; Ord. No. 2025-32, § 3, 9-16-25)
(a)
Grading and design of property adjacent to bodies of water shall conform to federal, state, and local regulations which may include, but are not limited to, the use of berms or swales to intercept surface runoff of water and debris that may contain fertilizers or pesticides.
(b)
When mowing occurs near the shoreline, the chute shall be directed away from the water body. Riparian or littoral zone plants that do not require mowing or fertilization should be planted in the low maintenance zone. Where water levels vary considerably, care must be taken in the selection of these plants.
(c)
Mangrove trimming shall be performed only in accordance with Chapter 373, Part IV, Florida Statutes, Chapter 403, Florida Statutes, and Chapter 27, Article XI, of the Code.
(Ord. No. 2017-15, § 17, 5-23-17)
(a)
Generalized minimum landscape requirements. All multifamily and nonresidential uses, including facilities owned by Broward County, shall conform to the landscaping and buffering requirements set forth in the table below. Additional minimum requirements, applicable to all new development, are contained in Section 39-87(b) below. Zoning district regulations may contain further minimum landscape and buffering requirements related to specific uses.
Table 2
Minimum Landscape Requirements; multifamily and nonresidential
(subject to additional minimum landscape requirements in Section 39-87(b) of the Code).*
* Min. - Minimum
sq. - square
ft. - feet
(b)
Additional minimum landscape requirements.
(1)
Prohibited and invasive tree species.
a.
Prohibited and invasive tree species shall not be counted towards fulfilling minimum tree requirements.
b.
Prohibited and invasive trees shall be removed from the property.
(2)
Shade trees. All developments shall provide the required number of shade trees in compliance with the following standards:
a.
Trees required in this section shall have a minimum overall height of ten (10) feet to twelve (12) feet or greater, with a minimum canopy spread characteristic of the species at such height and DBH requirements according to Florida Grades & Standards for Florida Nursery Plants.
b.
All required perimeter trees shall consist of at least two (2) large species trees consistent with the Florida-Friendly Landscaping TM Guide; except that up to forty percent (40%) of the required large trees may be substituted with smaller tree species at two (2) small trees for every one (1) large tree substituted.
c.
Required perimeter trees and parking island shade trees shall count towards the required open space tree requirements.
d.
If overhead powerlines occur within the perimeter buffer area, then small trees may be substituted at the rate of two (2) small trees (less than fifteen (15) feet in height) to replace each required perimeter large tree.
e.
No more than thirty percent (30%) of required shade trees shall be palms, where every three (3) palms shall equal one (1) required shade tree. Palms shall be a minimum height of sixteen (16) feet in height at time of planting.
f.
Required trees shall be planted consistent with the principles of the Florida-Friendly Landscaping TM Guide.
g.
Required perimeter trees and landscaping shall be placed so as to minimize conflict with existing trees on adjacent properties within twenty-five (25) feet of the property line and integrate the landscaping for both properties. Credit may be given for the tree requirement of the subject property if trees occurring on the abutting property are in conflict with those required trees.
h.
Existing trees onsite shall be protected according to the "Tree Preservation Ordinance," Chapter 27, Article XIV, of the Broward County Code of Ordinances.
i.
Except as to any trees preserved within an existing ecological community pursuant to Section 39-81 of this article, credit towards the required shade tree requirement shall be given on a one-for-one (1:1) basis for preservation, replacement, or relocation of existing trees, as set forth in Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(3)
Shrubs, hedging. All developments shall provide the required number of shrubs and hedging in compliance with the following standards:
a.
All shrubs shall be a minimum of eighteen (18) inches in height, when measured immediately after planting, and spaced a maximum of thirty (30) inches on center.
b.
A minimum fifty percent (50%) of required shrubs shall be listed native species in the Florida-Friendly Landscaping TM Guide.
c.
The height of any hedge shall not exceed eight (8) feet, except in the safe sight distance triangle of driveways where the maximum height shall be thirty-six (36) inches.
d.
Hedges may be placed on the property lines; however, this regulation shall not be construed to permit such hedges to extend beyond the official right-of-way lines or property lines.
e.
Hedges shall be incorporated into the landscape design so as to screen air conditioning units or other equipment from being visible from public rights-of-way.
(4)
Turf and groundcover. All developments shall provide the required turf and groundcover in compliance with the following standards:
a.
Turf, groundcover, or a combination thereof shall be installed on all areas of the property not covered by buildings, paving, concrete slabs, or other impervious improvements.
b.
In areas where no turf or groundcover is required, the property shall be maintained in its natural state; except that all invasive species shall be removed.
c.
All areas of disturbed soil shall be covered with turf, groundcover, or a combination thereof.
(5)
Foundation planting. All developments shall provide the required foundation plantings in compliance with the following standards:
a.
Foundation planting shall be installed adjacent to, and span a minimum twenty percent (20%) of, structures that face a public right-of-way; except that foundation planting shall not block any entryways, windows, or openings.
b.
Foundation planting may be shrubs or groundcover, or a combination thereof, and shall be counted towards the minimum native species requirements and Florida-Friendly Landscaping TM requirements of this section.
c.
The quantity and type of foundation plants shall vary depending on the building size, configuration, and entryways and openings.
(6)
Screening of equipment. Dumpsters, mechanical equipment, and electrical transformers shall be screened on at least three (3) sides by landscape material that is a minimum of thirty (30) inches in height. Such screening shall not interfere with normal operation of equipment.
(7)
Signs. All permanent freestanding sign installations require the installation and establishment of a minimum of one (1) shrub for every two (2) lineal feet of width of the sign structure on each side and a minimum of five (5) feet of groundcover around the perimeter of the sign base, designed in such a manner so as to not block the message on the sign.
(8)
Outdoor advertising.
a.
Landscaping near any signs for which an Outdoor Advertising License has been issued pursuant to Chapter 14-10, Florida Administrative Code, shall be maintained consistent with the vegetation plan provided in the application for permit issuance pursuant to Rule 14-10.057, Florida Administrative Code.
b.
Except where inconsistent with the vegetation plan referenced above or Section 70.20, Florida Statutes, each new outdoor advertising sign requires the establishment of plants to enhance the structure. A minimum of four (4) trees, chosen from a list of trees that will attain a mature height of not more than fifteen (15) feet, and a minimum of one (1) shrub shall be required for every two (2) lineal feet of width of the sign structure on each side of the tree line.
(9)
Ecological communities. With the exception of properties zoned AT, Airport Transportation, ecological communities incorporated into the perimeter buffer area shall conform to Section 39-81 of this Code, as applicable.
(10)
Parking islands. Where parking islands are required, the interior parking island sizes shall be in compliance with the following standards:
a.
Parking islands shall occur for every ten (10) contiguous parking spaces in a row, or fraction thereof.
b.
Parking islands shall have minimum dimensions of nine (9) feet by fifteen (15) feet.
c.
The end of each row shall have a parking island.
d.
Parking island size shall meet the soil volume necessary for the tree species selected to be planted in said island. The following sized islands shall serve as a guide for the selected trees or palms:
1.
135 square foot island size (9' x 15') for small trees or palms;
2.
225 square foot island size (15' x 15') for medium trees or palms;
3.
324 square foot island size (18' x 18') for large trees or palms;
4.
378 square foot island size (21' x 18') for large trees or groups of trees or palms; and
5.
486 square foot island size (27' x 18') or larger for larger groups of trees or palms.
(11)
Parking islands; required trees or palms. There shall be a minimum of one (1) tree or palm required for each parking island, with the following specifications at installation:
a.
Trees shall be a minimum of twelve (12) feet in height and trunk DBH of two (2) inches; or
b.
Palms shall be a minimum one (1) multiple trunk palm, with at least three (3) trunks, or a group of at least three (3) single trunk palms with a minimum overall height of sixteen (16) feet.
(12)
Parking lot landscaping should be designed to be sustainable and to function as part of the development's stormwater management system, utilizing vegetated islands as bioretention or swale areas at or below grade and with curb cuts. Existing natural drainage ways and vegetated channels shall be incorporated into the design, rather than the standard soil mounding and continuous concrete curb and gutter configuration, to decrease flow velocity and allow for stormwater infiltration.
(13)
Parking tiers shall be separated by a minimum of three (3) feet of nonirrigated landscape filter areas, unless impracticable considering lot size, site conditions, and minimum parking requirements. Landscape filter areas are to include a groundcover and landscape material that will achieve one hundred percent (100%) coverage when mature.
(14)
Parking lots shall be designed so as to drain the parking areas through the landscape filter areas, dividing the parking tiers to filter urban runoff.
(15)
Landscape islands shall be designed so as to use only microirrigation or, if possible, no supplemental irrigation.
(16)
All approved grass parking areas shall meet the same requirements as paved parking and will not be calculated in the previous space requirements. Other innovative designs may be substituted, when approved jointly by the County's Urban Planning Division and the Environmental Licensing and Building Permitting Division, or successor agencies.
(17)
Flexibility in the spacing of interior parking islands is permitted in retail centers to facilitate "view corridors" to anchor tenants' pedestrian entries, as long as the total required interior island plant count is provided and the spacing of shade trees to frame the view is not more than forty-five (45) feet.
(Ord. No. 2017-15, § 16, 5-23-17; Ord. No. 2020-34, § 16, 9-22-20; Ord. No. 2022-22, § 18, 5-11-22)
When the subject property abuts the intersection of two (2) or more streets, all landscaping within the triangular area located within twenty-five (25) feet of the intersection of the front and side street property lines shall provide unobstructed cross-visibility at a vertical level between thirty (30) inches and eight (8) feet, with the exception of a single tree trunk with a minimum of eight (8) feet of clear trunk. The property owner shall be responsible for maintaining all landscaping within the sight triangle. Landscaping, except required turf and groundcover, shall not be located closer than five (5) feet from the edge of any roadway and three (3) feet from the edge of any alley or pavement.
(Ord. No. 2017-15, § 19, 5-23-17)
(a)
All multifamily and nonresidential uses shall require an irrigation plan which shall include the following:
(1)
A minimum scale of one (1) inch to twenty (20) feet;
(2)
The location of all surveyed existing and proposed trees, vegetation, or ecological communities to be preserved, as required and approved by the EPGMD (See Section 39-80);
(3)
The location and outline of existing and proposed buildings and site improvements, water bodies, and hardscape features such as driveways, sidewalks, pools, fountains, fences, and retaining walls;
(4)
The location of all on grade, underground, and overhead utilities;
(5)
The location of the nearest recycled or reuse water main within one thousand (1,000) feet of the nonresidential subject property;
(6)
The irrigation POCs, the design capacity, and the water service pressure at irrigation POCs;
(7)
The water meter size;
(8)
The major components and location of the irrigation system, including all pumps, filters, valves, and pipe sizes and lengths;
(9)
Reduced-pressure-principle backflow-prevention devices for each irrigation POC on potable water systems and specifications;
(10)
The locations and specifications of controllers of rain shut-off devices and soil moisture sensors;
(11)
A notation indicating that all landscape areas shall be provided with an automatically operating, underground irrigation system designed to have head-to-head coverage (one hundred percent (100%) coverage with one hundred percent (100%) overlap);
(12)
An irrigation legend with the following elements:
a.
Separate symbols for all irrigation equipment with different spray patterns, precipitation rates, and pressure compensating devices;
b.
General description of equipment, including the manufacturer's name and model number for all specified equipment;
c.
Recommended operating pressure per nozzle, bubbler, and low flow emitter;
d.
Manufacturer's recommended overhead and bubbler irrigation nozzle rating in gallons per minute, or gallons per hour for low flow point applicators;
e.
Minimum (no less than seventy-five percent (75%) of maximum spray radius) and maximum spray radius per nozzle; and
f.
Manufacturer's rated precipitation rate per nozzle at specified pounds per square inch (psi); and
(13)
Zone layout plan (minimum scale of one (1) inch to twenty (20) feet):
a.
Indicating head type, specifications, and spacing; and
b.
Indicating methods used to achieve compliance with landscape irrigation design standards, as required by Section 373.228, Florida Statutes.
(Ord. No. 2017-15, § 18, 5-23-17)
All irrigation systems shall meet the irrigation standards developed pursuant to Section 373.228, Florida Statutes. All landscape areas (excluding single family residences and duplex dwellings, which are subject to the irrigation system design and installation requirements set forth in Section 39-85 of this article) shall be provided with an automatically operating, underground irrigation system designed to have head-to-head coverage (one hundred percent (100%) coverage with one hundred percent (100%) overlap). Drip, trickle, or other low volume or microirrigation systems shall be used for nonturf areas unless the owner demonstrates, and the EPGMD agrees, that the size of the area makes such systems financially infeasible or a tripping hazard associated with these systems has been identified. Irrigation systems shall be designed to minimize application of water to impervious areas.
(a)
Irrigation systems shall use reclaimed (reuse) water, if available, as follows:
(1)
Properties that are more than two and one-half (2½) acres in size shall utilize reclaimed (reuse) water, if it is provided within nine hundred (900) linear feet from the property, as measured from the property line of the subject property.
(2)
Properties that are one (1) acre up to two and one-half (2½) acres in size shall utilize reclaimed (reuse) water, if it is provided within three hundred (300) linear feet from the property, as measured from the property line of the subject property.
(3)
Sites that are less than one (1) acre in size shall utilize reclaimed (reuse) water, if it is provided within sixty (60) linear feet from the property, as measured from the property line of the subject property.
(b)
Irrigation systems shall be designed to meet the needs of the plants (hydrozones) in the landscape.
(c)
Irrigation systems shall be designed to separately serve turf and nonturf areas.
(d)
Irrigation system plans and specifications shall identify the materials to be used and the construction methods.
(e)
Irrigation systems shall be designed to consider soil, slope, and other site characteristics in order to minimize water waste, including overspray, the watering of impervious surfaces and other nonvegetated areas, and offsite runoff.
(f)
Irrigation systems shall be designed to minimize free flow conditions in case of damage or other mechanical failure.
(g)
A recommended seasonal operating schedule and average precipitation rates for each irrigation zone for both establishment and maintenance conditions shall be provided.
(h)
Control systems shall provide the following minimum capabilities:
(1)
Ability to be programmed in minutes, by day of week, season, and time of day;
(2)
Ability to accommodate multiple start times and programs;
(3)
Automatic shut-off after adequate rainfall or detection of adequate soil moisture;
(4)
Ability to maintain time during power outages for a minimum of three (3) days; and
(5)
Operational flexibility to meet applicable year-round water conservation requirements and temporary water shortage restrictions.
(i)
Precipitation rates for sprinklers and all other emitters in the same zone shall be matched, except that microirrigation emitters may be specified to meet the requirements of individual plants.
(j)
Irrigation systems shall be designed to maximize uniformity, considering factors such as emitter types, head spacing, sprinkler pattern, and water pressure at the emitter.
(k)
Irrigation systems with main lines larger than two (2) inches or designed to supply more than seventy (70) gallons per minute shall incorporate a means to measure irrigation water use, at a minimum of ninety-five percent (95%) accuracy across the flow range.
(l)
The system installer shall conduct final testing and adjustments to achieve irrigation system specifications prior to completion of the system installation and acceptance by the owner or owner's representative.
(m)
The system installer shall provide property owners and users with post-construction documentation, including as-built drawings, recommended maintenance activities and schedules, operational schedules, design precipitation rates, instructions on adjusting the system to apply less water after the landscape is established, water source, water shut-off method, and the manufacturer's operational guide for the irrigation controller. Property owners are encouraged to safely store such information and make it available to subsequent property owners.
(n)
All licensed contractors installing or performing work on automatic landscape irrigation systems must comply with the provisions of Section 373.62, Florida Statutes, which may be enforced by the County pursuant to this chapter.
(o)
To assist the end user to operate the system properly, the following should be provided to the owner at the time of installation:
(1)
A plan layout of the system;
(2)
Irrigation scheduling information, with instructions for seasonal timer and sensor changes; and
(3)
An irrigation valve site plan detailing valve locations, gallons per minute demands, precipitation rates, plant types within valve circuits, and operating pressure requirements for each valve.
(p)
The irrigation system shall be designed to correlate to the organization of plants into hydrozones. These hydrozones shall be shown on the irrigation plan, as required. All plants require watering during establishment. Temporary facilities may be installed to facilitate establishment. Irrigation must be conducted in accordance with South Florida Water Management District restrictions. If local water restrictions are more restrictive, then irrigation must be conducted in accordance with the stricter restrictions.
(q)
Pursuant to Section 373.62, Florida Statutes, rain shut-off switch equipment shall be required on automatic irrigation systems to avoid irrigation during periods of sufficient rainfall or soil moisture. The equipment shall consist of an automatic mechanical or electronic sensing device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.
(r)
The installation of tracer wire along main lines and laterals is strongly encouraged to permit easy location and prevent inadvertent cutting of pipes.
(s)
If the water supply for the irrigation system is from a well, a constant pressure flow control device or pressure tank with adequate capacity shall be required to minimize pump "cycling."
(t)
Check valves must be installed at irrigation heads, as needed, to prevent low head drainage and puddling.
(u)
Nozzle precipitation rates for all heads within each valve circuit must be matched to within twenty percent (20%) of one another.
(v)
No water spray from irrigation systems shall be applied under roof overhangs.
(w)
Irrigated areas shall not be less than four (4) feet wide, except when using micro or drip irrigation.
(x)
A pressure-regulating valve shall be installed and maintained if static service pressure exceeds eighty (80) psi.
(y)
Preserved ecological communities shall not be irrigated after establishment unless required by the EPGMD.
(z)
On lots under five thousand (5,000) square feet in size requiring landscape upgrades, irrigation may be accomplished by the installation and use of hand watering in accordance with current water restrictions.
(Ord. No. 2017-15, § 12, 5-23-17)
(a)
Required property maintenance of landscape areas.
(1)
Property owners, including, but not limited to, owners of single family residences, multifamily dwellings, commercial sites, and industrial sites, are responsible for ensuring that landscaping that has been required to be planted pursuant to this article, or installed in compliance with the landscape requirements previously in effect, be maintained in a healthy condition. If landscaping is found to be in a state of decline, dead, or missing, it shall be replaced with native vegetation plant species that will be at least equivalent in size at maturity. If any preserved vegetation, which is being used to satisfy current landscape requirements of this article, dies, such vegetation shall be replaced with the same landscape material, if available, or comparable vegetation that complies with this article.
(2)
Turf should be mowed frequently enough so that no more than one-third (1/3) of the blade height is removed per mowing.
(3)
All mulch should be renewed periodically and maintained in accordance with the landscape plan standards in Section 39-79 of this article. Plastic sheeting and other impervious materials shall not be used under mulched areas.
(4)
Preserved and created ecological communities shall be maintained in a natural state. Only clearing by hand is permissible, unless otherwise authorized by the EPGMD.
(b)
Best Management Practices (by owner).
(1)
All persons providing landscape maintenance services, commercial fertilizer applicator services, and institutional fertilizer applicator services within the County's unincorporated areas or on County properties, including County maintenance operations staff providing such services, shall:
a.
Attend training in the Best Management Practices described in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (Florida Department of Environmental Protection); and
b.
Have at least one (1) person holding a current certificate of completion for training as set forth in a. above present at all times on any job site while fertilizer application is in progress.
(2)
In no case shall grass clippings, vegetative material, or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, sidewalks, or roadways, either intentionally or accidentally.
(3)
Yard waste shall not be disposed of or stored by shorelines, ditches, swales, or the vicinity of storm drains. Yard waste and compost sites must be hidden from street view, maintained to prevent odor, and be free of weeds.
(4)
Turf clippings should be left on the lawn to replace nutrients. Shredded yard clippings and leaves should be used for mulch or be composted for use as fertilizer. However, diseased material should not be mulched and should be properly disposed of to avoid spreading disease.
(5)
Composting of yard waste provides many benefits and is strongly encouraged. Other recycled solid waste products are also available and should be used, when appropriate.
(6)
Irrigation shall be maintained at its highest efficiency, as designed, and eliminate all free flow possibilities should any breaks occur in the main, lateral, or other piping within the system. In the event of such occurrence, the break(s) shall be repaired immediately.
(Ord. No. 2017-15, § 13, 5-23-17)
Whenever regulations or restrictions imposed by this article conflict with other ordinances or regulations, or are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules, or restrictions which are more restrictive or which impose the highest standards or requirements shall govern. Regardless of any other provision of this article, no land shall be used in a manner and no structure erected or maintained in violation of any state, local, or federal pollution control or environmental protection law, regulation, or ordinance.
(Ord. No. 2017-15, § 24, 5-23-17)
(a)
The area covered by structures and impervious surface shall not exceed seventy-five percent (75%) for industrial, seventy percent (70%) for commercial, and sixty percent (60%) for residential uses. For the purposes of this requirement, all other uses, such as, but not limited to, utilities, transportation, and office park, shall be included in the commercial category. In mixed use developments, the most restrictive of the applicable impervious area limitations shall be utilized.
(1)
Landscaping and setbacks, buffer strips, drain fields, passive recreation areas, or any other areas not covered with a material that prevents infiltration of water into the ground may satisfy the requirement for pervious area.
(2)
When impervious material does not cover all the surface to which it is applied, credit towards the computation of the pervious area shall be given according to the percentage of pervious area that is retained.
a.
Pervious paving blocks may not be used within major driveways, loading zones, actively used parking stalls in commercial or industrial developments, or any other area that may cause a liability to the property owner.
b.
Pervious paving blocks may be used in overflow parking areas, park and recreation parking facilities, and residential areas. Where pedestrian traffic is prevalent, the voids in pervious paving blocks shall be planted with a nonrunner species of grass including, but not limited to, zoysia and Bermuda grass.
(3)
Where this Zoning Code allows some required parking stalls to be grassed, the grassed parking stalls shall not be counted towards the computation of pervious area.
(4)
Upon demonstration by the applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities or surrounding land uses are present, the Urban Planning Division Director may permit variation from the impervious area standards, subject to the following limitations:
a.
Variation from the stated requirements shall be proportional to mitigating design improvements provided in excess of the minimum required engineering and landscaping standards. The impervious area shall not exceed eighty-five percent (85%) for industrial, eighty percent (80%) for commercial, and seventy percent (70%) for residential uses.
b.
Mitigating design improvements may include the use of curvilinear berms to aid in screening; increased vegetation size and quantity, native species utilization, and preservation of existing significant vegetation to increase the quality of greenspace areas; the use of interlocking paving blocks along pedestrian walkways; and grassed retention basins and swales to aid in the filtration of storm water runoff.
(b)
Each proposed development shall include provisions for the application of best management practices to enhance retention areas such as grass ponds, grass swales, french drains, or combinations thereof.
(Ord. No. 2022-22, § 8, 5-11-22)
LANDSCAPING FOR PROTECTION OF WATER QUALITY AND QUANTITY5
Editor's note— Ord. No. 2017-15, §§ 2—24, adopted May 23, 2017, repealed the former Art. VIII, §§ 39-75—39-95, and enacted a new Art. VIII as set out herein. The former Art. VIII pertained to similar subject matter and derived from Ord. No. 2012-05, § 1, adopted Feb. 14, 2012; Ord. No. 2014-21, § 1, adopted June 24, 2014; Ord. No. 2015-20, §;; 1—17, adopted April 28, 2015;
The general purposes of this article are as follows:
(a)
To establish minimum standards for the development, redevelopment, installation, and maintenance of Florida-Friendly Landscaping TM areas in the unincorporated area of Broward County, without inhibiting creative landscape design, construction, and management, and to protect and enhance the aesthetic character of Broward County;
(b)
To provide minimum standards for landscaping new developments or redevelopment and to increase the overall tree canopy of Broward County to its goal of forty percent (40%);
(c)
To promote the establishment of functional and sustainable landscapes that increase the storage of sequestered carbon and reduce greenhouse gas emissions;
(d)
To provide the physical benefits of using plants as a function of sustainability and an integral part of Broward County's urban development;
(e)
To promote the use of Leadership in Energy and Environmental Design (LEED) and The Sustainable Sites Initiative (SITES®) in the landscape environment;
(f)
To adopt NatureScape standards for landscaping new developments or redevelopment of County facilities, excluding natural areas; and
(g)
To promote water conservation, water quality improvement, and vegetation protection objectives by providing for:
(1)
The preservation of existing native plant communities in coordination with Broward County's Tree Preservation and Abuse Ordinance, Chapter 27, Article XIV, of this Code;
(2)
The reestablishment of native plant communities;
(3)
The use of site-appropriate plants;
(4)
The implementation of Florida-Friendly Landscaping TM principles as identified by the Florida Yards and Neighborhoods program operated by the University of Florida's Institute of Food and Agricultural Services Extension ("UF/IFAS Extension"), Best Management Practices identified in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (Florida Department of Environmental Protection), and as provided by law; and
(5)
The use of specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers.
The provisions of this article shall be a minimum standard and shall apply to the unincorporated areas of Broward County.
(Ord. No. 2017-15, § 2, 5-23-17)
In addition to the definitions set forth under Article II, Section 39-4 of this chapter, the following definitions shall apply when used in this article:
Accessway: A private vehicular roadway intersecting a public right-of-way.
Application or Apply: The actual physical deposit of fertilizer to turf or landscape plants.
Applicator: Any person who applies fertilizer on turf or landscape plants in Broward County.
Arboriculture, practice and science: The practice of arboriculture includes cultural techniques such as selection, planting, training, fertilization, pest and pathogen control, pruning, shaping, removal, cultivation, and management of individual trees, shrubs, vines, and other perennial woody plants. The science of arboriculture studies how these plants grow and respond to cultural practices and to their environment.
Arborist, certified: An individual trained in the art and science of planting, care, and maintenance of trees. Arborists are knowledgeable about the needs of trees and are trained and equipped to provide proper care. A Certified Arborist has obtained a minimum required level of experience in the professional tree care industry and has passed a comprehensive examination covering all facets of arboriculture.
Berm: Earthen mounding created by grading the terrain on a project site.
Best Management Practices (BMP): Turf and landscape practices or a combination of those practices which, based on research, field-testing, expert review, and economic and technological considerations, are determined to be the most effective and practicable on-location means for improving water quality, conserving water supplies, and protecting natural resources. The principles of Florida-Friendly Landscaping TM Best Management Practices are explained in detail in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, as published by the Florida Department of Environmental Protection.
Bioretention: An engineered process to manage stormwater runoff using the chemical, biological, or physical properties found in natural, terrestrial-based communities of plants, microbes, and soils.
Buffer area: An area or areas located on nonresidential property that extends the full length of the property lines abutting residential property.
Caliper, tree: The measurement of the diameter of a tree's trunk. For trees with a Diameter at Breast Height (DBH) of less than four (4) inches, tree caliper is taken at six (6) inches above the grade or crown of the root flair. A tree caliper is taken at twelve (12) inches above the grade or crown of the root flair for trees with a DBH of four (4) inches or more.
Canopy: The upper portion of a tree consisting of limbs, branches, and leaves. Canopy trees are large trees that have a canopy sufficient to form a shade cover over the ground, creating a shaded and cool environment, as in a forest.
Clear trunk: The distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.
Clear wood (Greywood): The portion of the palm trunk that is mature, measured from the top of the root ball to the base of green terminal growth or fronds.
Clear zones: The areas extending out from the perimeter security fence or wall for the Air Operations Area at the Fort Lauderdale-Hollywood International Airport. (See Section 39-77(b)(9).)
Commercial fertilizer applicator: Any person who applies fertilizer on turf or landscape plants in exchange for money, goods, services, or other valuable consideration.
Complete Street: A street where the entire right-of-way is planned, designed, and operated for all modes of transportation and all users, regardless of age or ability, as defined by the National Complete Streets Coalition (NCSC). Pedestrians, bicyclists, transit riders, and motorists of all ages and abilities must be able to safely move along and across a Complete Street.
County: Broward County or the department or division of Broward County government that the County Administrator has designated to enforce this article.
CPTED (Crime Prevention Through Environmental Design): The proper design and effective use of the built environment so as to reduce the fear and incidence of crime, and to improve the quality of life.
Diameter at Breast Height (DBH): The diameter of the tree trunk(s), measured at four and one-half (4½) feet above grade.
Dripline: The natural outside end of the branches of a tree or shrub, projected vertically to the ground.
Ecological community: Any one (1) of the native vegetative plant communities as same may be determined pursuant to Chapter 5, Article XII, Section 5-2795-281, et seq., of the Broward County Code of Ordinances.
EPGMD: The Broward County Resilient Environment Department or its successor agency.
Fertilize, fertilizing, or fertilization: The act of applying fertilizer (plant nutrients) to turf, specialized turf, or landscape plants.
Fertilizer: Any substance or mixture of substances, except pesticide/fertilizer mixtures such as "weed and feed" products, that contains one (1) or more recognized plant nutrients and promotes plant growth, controls soil acidity or alkalinity, provides for soil enrichment, or provides other corrective measures to the soil.
Florida-Friendly LandscapingTM: Quality landscapes that conserve water, protect the environment, are appropriate for local conditions, and are drought, wind, or salt tolerant. The principles of Florida-Friendly Landscaping TM include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida-Friendly Landscaping TM include planning and design, soil analysis, use of solid waste compost, practical use of turf, and proper maintenance. The principles of Florida-Friendly Landscaping TM are explained in detail in the most recent edition of The Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design, published by the University of Florida IFAS Extension and the Florida Department of Environmental Protection.
Foundation planting: A group of plants in a landscaped bed placed at the base of a building structure and used to blend the building with its setting.
Functional landscape: The combination of living and nonliving materials that, when installed or planted, creates an ongoing system providing aesthetic and environmental enhancement to a particular site and surrounding area.
Green infrastructure: See Sustainable Sites.
Groundcover: Low-growing plants, other than turf, used to cover the soil and form a continuous, low mass of foliage. Notwithstanding the foregoing, nothing in this chapter shall be construed to prohibit the installation of synthetic turf that complies with Department of Environmental Protection ("DEP") standards adopted pursuant to Section 125.572, Florida Statutes, as amended, on single family residential properties that are one (1) acre or less in size.
Hardscape: Areas such as patios, decks, driveways, paths, and sidewalks that do not require irrigation.
Heat island; heat island effect: The term "heat island" describes built or paved areas that are hotter than nearby rural areas due to human activities. The term "heat island effect" refers to an effect heat islands can have on communities by affecting water quality and increasing summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas emissions, and heat-related illness and mortality.
Hedge: A row of evenly spaced shrubs or other vegetation planted to form a dense, continuous, unbroken visual screen.
Hydrozone: A distinct grouping of plants with similar water needs and climatic and microclimatic requirements. Also referred to as water use zone.
Infiltration rate: The rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour).
Institutional fertilizer applicator: Any person, other than a noncommercial or commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites, and any residential properties maintained in condominium, common ownership, or common management.
Interior landscape area: A landscape area located within a vehicular use area (VUA) that is within the perimeter of a site. An interior landscape area may or may not be attached to the perimeter landscape or buffer area.
Irrigation system: A constructed watering system designed to transport and distribute water to plants.
Irrigation zone: A grouping of soakers, sprinkler heads, bubblers, or microirrigation emitters operated simultaneously by the control of one (1) valve.
Landscape: Any combination of living plants (such as grass, groundcover, shrubs, vines, hedges, palms, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).
Landscape design: Consultation for and preparation of planting plans drawn for money, goods, services, or other valuable consideration, including specifications and installation details for plants, soil amendments, mulch, edging, gravel, and other similar materials. Such plans may include only recommendations for the conceptual placement of tangible objects for landscape design projects. Construction documents, details, and specifications for placement of tangible objects and irrigation systems shall be designed, approved, or, if necessary, sealed by licensed professionals as required by Section 481.303(7), Florida Statutes.
Landscape layout plan: Plans and drawings showing the location of buildings, structures, underground and overhead utilities, pedestrian transportation, or environmental systems, and the detail for placement of site amenities, accessibility components, plantings, and other tangible objects. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes.
Landscape plans: Landscape plans may include all or some of the following: a planting plan, a landscape layout plan, an irrigation plan, a grading and drainage plan, detail sheets, and written specifications. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes. (See also Planting Plans.)
Landscape plant: Any native or exotic tree, palm, shrub, vine, hedge, or groundcover (excluding turf).
Landscaped area: The entire parcel less the building footprint, hardscapes, and nonporous areas. Water features are included in the calculation of the landscaped area.
Microirrigation: The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts, including drip, subsurface, bubbler, and spray irrigation that deliver water directly to plant root zones with a high degree of efficiency, no runoff, and little to no evaporation.
Mulch: Nonliving, organic materials customarily used in landscaping to retard erosion, retain moisture, and control weeds.
Native vegetation: Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida as identified in the Guide to the Vascular Plants of Florida, 3 rd Edition, Richard P. Wunderlin & Bruce F. Hanson, 2011, University Press of Florida, Gainesville, or the Atlas of Florida Vascular Plants, Institute for Systematic Botany (http://www.florida.plantatlas.usf.edu). For the purpose of this article, native vegetation shall consist of those plant species indigenous to the ecological communities of South Florida, as indicated on lists kept on file by the EPGMD.
NatureScape: Local County landscape program that promotes Florida-Friendly Landscaping TM principles and Best Management Practices, the incorporation of at least fifty percent (50%) native vegetation, the creation of wildlife habitats, and the planting and propagation of native, noninvasive, and drought-tolerant plants.
Noncommercial fertilizer applicator: Any natural person who applies fertilizer on turf or landscape plants on his or her own private, residential property, or that of another when not done in exchange for money, goods, services, or other valuable consideration.
Nonvehicular open space or open space: The total square footage of a parcel of land after all impervious areas are subtracted, such as the square footage area of any building footprint, walls, walks, swimming pools, and VUA, and including the pervious areas of VUA required landscaping and perimeter landscape buffer area.
Palms: Plants belonging to the monocot order of the family Palmae, distinguished by having unbranched single or multiple trunks crowned by large, compound pinnate, or palmate leaves or fronds.
Parking area: The area on a parcel or property designated for the temporary parking of vehicles. Parking areas shall be either:
(1)
Interior parking spaces that are not contiguous to, nor directly abutting, the site perimeter or street; or
(2)
Perimeter parking spaces that are contiguous to and on the street such that vehicles must enter or back into the street in order to leave the parcel or property.
Parking island or landscape island: A nonpaved area within the paved area of parking lots that provides landscaping, particularly trees, to reduce the heat island effect and to provide areas for infiltration of water into the ground aquifer to alleviate stormwater runoff.
Perimeter: The boundary or property line separating one (1) parcel of land from another or from a right-of-way.
Perimeter landscape area: The landscape area both within the buffer area, as defined herein, and directly abutting the paved perimeter of a VUA.
Pervious area: That noncompacted land located at grade that allows the passage of air and water to the subsurface and used or set aside for landscaping.
Pervious paving materials: A porous asphaltic, concrete, or other surface having a high-void aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff delivered to, paved surfaces.
Plant bed: A grouping of trees, shrubs, groundcover, perennials, or annuals growing together in a defined area devoid of turf, normally using mulch around the plants.
Plant communities: An association of native plants that are dominated by one (1) or more prominent species or a characteristic physical attribute and forming a distinct habitat.
Planting plan: Specifications and installation details for plants, soil amendments, mulch, edging, gravel, staking materials, and other similar materials. (See also landscape plan.)
Planting soil: A soil medium, which is a mix composed of fertile organics and other soil mediums, including solid waste compost, that is used to augment, enhance, and improve the native soils to maximize vitality of plant vegetation.
Point of Connection (POC): The location where an irrigation system is connected to a water supply.
Potable water; general industry; agriculture:
(1)
General industry: Water that meets the quality standards prescribed in the U.S. Public Health Service Drinking Water Standards, published in 42 CFR Part 721, or water that is approved for drinking purposes by the State or local authority having jurisdiction. (See 29 CFR § 1910.141(a)(2).)
(2)
Agriculture: Water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141. (See 29 CFR § 1928.110.)
Pressure tank: A pressurized holding tank for irrigation water coming from wells to minimize cycling of the water pump.
Reclaimed (reuse) water: Recycled wastewater that has been highly treated, filtered, and disinfected for the irrigation of landscape areas. Reclaimed (reuse) water is delivered to customers through a local reuse water distribution system, completely separate from the potable or drinking water system.
Runoff: The water that results from and occurs following a rain event, or following an irrigation event, because the water is not absorbed by the soil or landscape and flows off from the area.
Shrub: A woody plant with multiple stems produced from the base and which normally grows to an overall height of less than ten (10) feet in Southeast Florida.
Site appropriate plant: A plant that, after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial inputs or supplements such as irrigation.
Sod or lawn: Grass or turf-covered soil held together by the roots of the grass or turf.
Soil moisture sensor: A soil-based device that assesses the available plant soil moisture in order to minimize the unnecessary use of water and optimize the effectiveness of an irrigation system.
Street tree: A tree which is located within the right-of-way of a street, road, or pavement, as determined by the County or FDOT.
Subject plot, parcel, or property: The site for which a development permit is being sought pursuant to the requirements of the Code.
Sustainable: Capable of continuing long-term without depleting natural resources or being harmful to the environment or people.
Sustainable Sites; Green Infrastructure: Sites that have received certification from either the Leadership in Energy and Environmental Design (LEED) or The Sustainable Sites Initiative (SITES®).
(1)
LEED: The Sustainable Sites (SS) within the LEED category rewards decisions about the environment surrounding the building with credits that emphasize the vital relationships among buildings, ecosystems, and ecosystem services. It focuses on restoring project site elements, integrating the site with local and regional ecosystems, and preserving the biodiversity that are relied upon by the natural systems.
(2)
SITES®: The Sustainable Sites Initiative (SITES®) is a program based on the understanding that land is a crucial component of the built environment and can be planned, designed, developed, and maintained to protect and enhance the benefits we derive from healthy functioning landscapes.
Swale: A low-lying or shallow trough-like depression that carries water, mainly during rainstorms, and that provides flood control and onsite water quality mitigation through removal of pollutants and nutrients associated with runoff.
Synthetic turf: A manufactured product that resembles natural grass and is used as a surface for landscaping and recreational areas.
Tree: Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant that has a DBH of no less than three (3) inches at maturity and that normally grows to an overall height of no less than ten (10) feet in Southeast Florida.
Topsoil: Existing soil that can be separated from the top surface of the ground, retaining the original organics native to the soil at the location from which it was separated. Unlike "planting soil" which is usually mixed with sand, compost, manure, and a number of other ingredients, topsoil has no specific or specified ingredients and can be scraped from weedy fields or other natural spaces.
Tree Preservation Code: Chapter 27, Article XIV, of the Broward County Code of Ordinances.
Turf or turfgrass: A mat layer of moncotyledonous plants such as, but not limited to, Bahia, Bermuda, Centipede, Seaside Paspalum, St. Augustine, and Zoysia and their cultivars.
Valve: A device used to control the flow of water in an irrigation zone.
Vegetation: Angiosperms, gymnosperms, ferns, mosses, or other living plant material.
Vehicular use areas or VUAs: Areas used for the display or parking of any type of vehicle, board, or construction equipment, whether self-propelled or not, and all land upon which such vehicles traverse.
Vine: Any plant with a long, slender stem that trails or creeps on the ground or climbs by winding or attaching itself on a support structure such as walls, poles, or trees.
(Ord. No. 2017-15, § 3, 5-23-17Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2022-22, § 18, 5-11-22; Ord. No. 2025-32, § 2, 9-16-25)
(a)
All development of land requiring a site plan review in accordance with this chapter shall require submittal of a landscape plan that complies with the provisions of this article. Where required by Chapter 481, Florida Statutes, landscape plans shall be prepared by a registered landscape architect, or other person authorized pursuant to Sections 481.301 through 481.329, Florida Statutes.
(b)
Exemptions: In addition to the exemptions provided for in Section 39-411(b)(1) of the Broward County Code of Ordinances, the following shall be exempted from the provisions of this article:
(1)
Bona fide agricultural activities;
(2)
Athletic fields;
(3)
Golf course play areas;
(4)
Grass parking areas on facilities where grass parking is permitted;
(5)
Turf in stormwater management areas;
(6)
Community play areas;
(7)
Cemeteries;
(8)
Everglades restoration projects;
(9)
Airports: The "clear zones" extending from the perimeter security fence or wall for the Air Operations Area at the Fort Lauderdale-Hollywood International Airport, including the airspace above and within the clear zones, as described in the Airport Security Program mandated by the United States Department of Homeland Security, Transportation Security Administration, pursuant to federal aviation security requirements in effect currently or in the future, so as not to obstruct the visibility of the perimeter security fence or wall;
(10)
Airside developments: Property considered airside of the Air Operations Area at the Fort Lauderdale-Hollywood International Airport; and
(11)
Underpasses: Properties or portions of properties that lie directly under an elevated right-of-way; except for the requirements of shrubs and groundcover pursuant to Section 39-87(a) that, in the alternative, may require nonliving landscape material such as mulch or gravel, if more practical and appropriate.
(Ord. No. 2017-15, § 4, 5-23-17; Ord. No. 2020-34, §§ 1, 15, 9-22-20; Ord. No. 2022-22, § 7, 5-11-22)
(a)
Low impact site design practices, such as preserving existing native trees and vegetation, shall be used to the extent feasible. Where established native vegetation is incorporated into the landscape design, irrigation of those areas shall not be required.
(b)
The plant palette and irrigation system shall be appropriate for site conditions, taking into account that, in some cases, soil improvement can enhance water use efficiency.
(c)
Plants shall be grouped together by irrigation demand. The percentage of landscaped area in irrigated high water use hydrozones shall be minimized.
(d)
All landscapes must be designed and planted in accordance with Florida-Friendly Landscaping TM principles. The percentage of landscaped area, excluding turfgrass areas, in irrigated high water use hydrozones shall be no more than twenty percent (20%) of the total non-turfgrass landscaped area.
(e)
Site designs and landscape plans shall be prepared in accordance with the requirements of all applicable Florida and local laws, rules, regulations, and ordinances. All landscape irrigation system designs shall be consistent with the standards for water conservation developed pursuant to Section 373.228, Florida Statutes.
(f)
The landscape plan design shall consider offsite features such as buildings, infrastructure, trees on abutting properties, or the canopy dripline that could encroach onto the subject property or be within a distance that would affect the subject property's landscape design. In all such cases, the landscape design shall take these offsite features into consideration so they will not conflict with each other, now or in the future, and will develop in harmony with the surrounding properties as the landscape normally matures.
(g)
The landscape plan design shall consider proximity of proposed trees with both onsite and offsite features so that the development of tree roots will not destroy these features or infrastructure. Both canopy and the development of mature roots shall be considered when selecting tree species. Credit may be provided towards the required tree count, as described in Section 39-87(b)(2)(g), in cases where trees protrude onto the subject property.
(h)
Solar panels on roofs or on the ground within the landscape area, if present or planned for the future, shall be taken into account when designing the species and tree placement of the landscaping on the subject property so as not to block sun access to the solar panels.
(i)
The landscape plan design shall consider natural drainage features to minimize runoff. The use of pervious surfaces and areas is preferred; therefore, impervious surfaces and materials within the landscaped area shall be limited to borders, sidewalks, step stones, parking lots, and other similar materials, and shall not exceed ten percent (10%) of the landscaped area. Use of pervious paving materials, where appropriate, is encouraged.
(j)
The landscape plan design should consider the soil volume requirements for trees based on their size at maturity and their distance from any adjacent paved or hardscape areas and utility infrastructure. Larger soil volumes lead to greater tree size, better tree health, longer tree life, greater environmental benefits, and fewer costs, such as those associated with tree replacement and damage by roots to property improvements and infrastructure.
(k)
For properties that are five (5) acres or less in size, reclaimed or nonpotable water should be used for irrigation if an acceptable source is determined to be available by the water provider and there is a reclaimed (reuse) water transmission line that is within one thousand (1,000) feet of the subject property, as measured from the property line of the subject property. For properties larger than five (5) acres in size and that have a reclaimed (reuse) water transmission line within one thousand (1,000) feet of the subject property, as measured from the property line of the subject property, reclaimed (reuse) water shall be used for irrigation of the property.
(l)
Landscape design shall conform to meet Crime Prevention Through Environmental Design (CPTED) principles.
(Ord. No. 2017-15, § 5, 5-23-17)
(a)
Landscape plans required. All new developments shall submit landscape plans in the form of a landscape permit application, building permit application, or as part of an overall development order for site plan approval. Landscape plans shall identify the plants selected for the site, the quantity, size, and quality of such plants, in accordance with the Broward County NatureScape program promoting Florida-Friendly Landscaping TM and Best Management Practices, and planting specifications, as required by this article.
(b)
Landscape plans shall meet the following requirements:
(1)
Be drawn at a minimum scale of one (1) inch equals twenty (20) feet;
(2)
Depict zoning designations of property and abutting property in a format approved by the Zoning Official;
(3)
Depict the location and outline of existing and proposed buildings and site improvements, water bodies, and hardscape features such as driveways, sidewalks, pools, fountains, fences, and retaining walls;
(4)
Depict site plan calculations displayed in a format approved by the Zoning Official;
(5)
Depict the location of all on-grade, underground, and overhead utilities;
(6)
Include a site survey, tree survey, and site assessment no more than one (1) year old, unless otherwise approved by the Zoning Official, in accordance with the requirements of Section 39-80 of this article;
(7)
Include a table, in a format approved by the Zoning Official, indicating the location of all proposed landscape material to be used, and a landscape material schedule listing all plants being used with their botanical, common, and, where applicable, cultivar names; spacing; quantities; size of each type of plant by container size, specified height, and spread; degree of drought tolerance (as determined by the most recent edition of the South Florida Water Management District's guide Waterwise: South Florida Landscapes); and indication of whether native to South Florida;
(8)
The location of all existing and proposed light standards;
(9)
Include a table, in a format approved by the Zoning Official, showing the total square footage of the various landscape hydrozones on the plan;
(10)
Except for single family and duplex residential developments, include a notation indicating that all applications of fertilizer shall be performed by a commercial fertilizer applicator, certified by the Department of Agriculture and Consumer Services pursuant to Section 482.1562, Florida Statutes; and
(11)
Except for single family and duplex residential developments, include a notation indicating that all applications of pesticides, including "weed and feed" products, should be made in accordance with State and federal law and the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries.
(Ord. No. 2017-15, § 6, 5-23-17)
(a)
Site Survey:
(1)
All site surveys must show all existing:
a.
Zoning designations for the subject property and all contiguous parcels;
b.
Grade elevations sufficient to determine the direction of existing flow or runoff;
c.
Overhead, on-grade, and below-grade utilities such as transformers, fire hydrants, underground cables, water mains, etc.;
d.
Light poles and type of lighting; and
e.
Tree and vegetation inventory.
(b)
All tree surveys and inventories must include the following information for each tree surveyed and inventoried, onsite and offsite:
(1)
Location and DBH of:
a.
Onsite: all trees that are of a DBH of three inches (3") or more; and
b.
Offsite: all trees that are of a caliper of four inches (4") or more and within twenty-five (25) feet from the property line around the perimeter of the subject parcel or perimeter;
(2)
Botanical and common name;
(3)
Height and spread of the canopy; and
(4)
Tree condition rating:
a.
Excellent (rating of 1), Florida Fancy;
b.
Good (rating of 2), Florida # 1 - may require corrective pruning; some minor injuries may be present;
c.
Average (rating of 3);
d.
Below Average (rating of 4), Florida # 2 - will require major corrective pruning to form a structurally strong tree; and
e.
Dead, hazard, cull (rating of 5).
(c)
All site assessments shall:
(1)
Determine whether existing wetlands or ecological communities exist onsite or within fifty (50) feet offsite from the perimeter of the subject property. If so, said wetlands or ecological communities shall be indicated on the survey, consistent with Chapter 5, Article XII, of the Broward County Code of Ordinances;
(2)
For properties of five (5) acres or more in size, determine whether there is a reclaimed (reuse) water line within one thousand (1,000) feet of the subject property, as measured from the property line of the subject property, that is available for irrigation; and
(3)
Include the following:
a.
Soil type and structure;
b.
Topography;
c.
Hydrology;
d.
Climate factors; and
e.
Vegetation.
(Ord. No. 2017-15, § 8, 5-23-17)
(a)
Ecological communities shall be preserved pursuant to Chapter 5, Article XII, Sections 5-279 through 5-286, of the Broward County Code of Ordinances. Sites shall incorporate or create an ecological community as follows:
(1)
Sites of two (2) to five (5) acres in size may incorporate an ecological community into the landscape perimeter buffer or interior landscaping requirements.
(2)
On sites of more than five (5) acres in size, where there is no viable ecological community, the applicant shall so indicate on the landscape plan and set aside an area or areas equivalent to two and one-half percent (2½%) of the site to be planted and preserved as an ecological community. An ecological community created on any portion of the subject property shall count towards meeting the requirements of this article.
(3)
Single family and single duplex lots, independent of a larger development, shall not be subject to the ecological community or set aside requirements, but are subject to the requirements of Section 39-85 of this article. Tree preservation ordinances shall remain applicable to all development as described in Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(b)
Tree preservation ordinances. Notwithstanding the requirements of Chapter 27, Article XIV, of the Broward County Code of Ordinances, when clearing, care should be taken to preserve as much of the native woody vegetation on the site as practicable. Vegetation that is set aside for preservation shall be protected from all onsite construction impacts. Protective barriers shall be installed along the perimeter of all preserve areas. Protective barriers shall be constructed at such intervals to prevent machinery from passing between them. No equipment or materials shall be permitted to be stored within the set aside areas, and dumping of excess soil, liquids, or any other construction debris within the preservation areas is prohibited. Removal or regrading of soils within preservation areas is prohibited. Any damaged vegetation within the set aside areas shall be replaced with vegetation equivalent to the vegetation destroyed before any certificates of occupancy or other site plan approvals may be issued.
(c)
Utility facilities, easements, or rights-of-way; stormwater, drainage, and flowage easements and rights-of-way; and current and future rights-of-way identified in the County's Trafficways Plan are exempt from provisions (a) and (b) of this section. However, applications for conceptual site plan review or final site plan approval should not locate such facilities, easements, or rights-of-way within preserved ecological communities, unless impracticable, and shall not designate areas affected by such facilities, easements, or rights-of-way as a set aside area.
(Ord. No. 2017-15, § 9, 5-23-17)
(a)
Existing topsoil or imported topsoil.
(1)
Where landscape plans are required, applicants are encouraged to seek a soil test and analysis, performed by a reputable soil testing lab, to determine soil texture, percentage of organic matter, measurement of pH, total soluble salts, and estimated soil infiltration rate.
(2)
Existing horticulturally-suitable topsoil onsite shall be stockpiled and respread during final site grading.
(3)
Any imported topsoil required shall be similar to the existing soil in pH, texture, permeability, and other characteristics, unless demonstrated to the EPGMD that a different type of soil amendment approach is justified. Further, existing or imported topsoil:
a.
Shall be free of roots, clods, stones larger than three-fourths (¾) inch in the greatest dimension, pockets of coarse sand, noxious weeds, sticks, lumber, brush, and other litter. It shall not be infested with undesirable disease-causing organisms such as insects and plant pathogens; and
b.
For all planting areas, shall be composed of a minimum of thirty percent (30%) muck or horticulturally-acceptable organic material.
(b)
Mechanically mixed planting soil.
(1)
Mechanically mixed planting soil is typically identified as being composed of sandy loam (fifty percent (50%) coarse sand and fifty percent (50%) muck), typical of the locality, or as specified. At a minimum, mechanically mixed planting soil must meet the following requirements:
a.
Gradation limits - soil shall be a sandy loam, loam, or clay loam. The definition of soil texture shall be the USDA classification scheme. Gravel over one-quarter (¼) inch in diameter shall be less than twenty percent (20%) by weight.
b.
Permeability rate - hydraulic conductivity rate shall be not less than one inch (1") per hour nor more than twenty inches (20") per hour, when tested in accordance with the USDA Handbook Number 60 (Diagnosis and Improvement of Saline and Alkaline Soils), method 34b, Hydraulic Conductivity of Disturbed Soils, or other approved method.
c.
Fertility - the range of the essential elemental concentration in soil shall be as specified for its intended use.
(2)
The use of solid waste compost as a soil amendment is encouraged, where it is appropriate.
(Ord. No. 2017-15, § 7, 5-23-17)
(a)
General. Plant selection should be based on the plant's adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color, and texture. Plant species that are tolerant to drought, wind, or salt are preferred. Determinations of prohibited and controlled plant species shall be pursuant to the Department of Agriculture and Consumer Services, Chapter 5B-57, Florida Administrative Code (F.A.C.), and the Florida Exotic Pest Plant Council (FLEPPC) Invasive Plant Species list. Plant species identified as prohibited and controlled according to Chapter 5B-57, F.A.C., and the FLEPPC Invasive Plant Species list may not be used, except as specifically allowed therein.
(1)
Plant quality grades. Plants used to meet the requirements of this article shall conform to the standards for Florida Grade One, or better, as provided in the most current edition of Florida Grades and Standards for Nursery Plants, by the Division of Plant Industry, Department of Agriculture and Consumer Affairs, State of Florida. Sod shall be clean and visibly free of weeds, noxious pests, and diseases.
(2)
Native plant species. Fifty percent (50%) of all vegetation, excluding turf, required to be planted by this article shall be vegetation native to South Florida, consistent with NatureScape landscape principles and Florida-Friendly Landscaping TM principles. Native and drought-tolerant landscaping shall be identified on the landscape plan in compliance with the zoning designation of the property, as indicated in Sections 39-85 and 39-87 of this article.
(3)
Invasive plants. Prohibited and controlled plant species, pursuant to the Department of Agriculture and Consumer Services, Chapter 5B-57, FLEPPC Invasive Plant Species list, that are existing on site shall be removed.
(b)
Water requirements for plants. Plants shall be grouped in accordance with their respective water (hydrozone) and maintenance needs consistent with Florida-Friendly Landscaping TM principles. Plants with similar water and cultural (soil, climate, sun, and light) requirements shall be grouped together (habitat). Consideration should be given to plantings that require minimal or no use of gasoline-powered maintenance equipment.
(1)
The hydrozones shall be shown on the irrigation layout and planting plans, as required. Where natural conditions are such that irrigation is not required, the presence of site-appropriate plants shall not be considered a high water use hydrozone.
(2)
For the purposes of the Code, hydrozones shall be grouped into the following hydrozone categories:
a.
High water use hydrozone - typically annuals, grass, and sod;
b.
Medium water use hydrozone - combination of a high and low water use hydrozone; and
c.
Low water use hydrozone - drought tolerant plantings and most trees.
(3)
The combined size of all high water use hydrozones, other than turf areas, shall be limited to twenty percent (20%) of the total landscaped area. In landscapes irrigated with reclaimed (reuse) water, the allowable size of all high water use zones shall not be limited. These high water use limits do not apply to landscaped areas requiring large amounts of turf for their primary functions.
(c)
Tree species. Canopy trees shall be of a species having an average mature crown spread of greater than twenty (20) feet and shall have trunks that can be maintained with over six (6) feet of clear trunk. Trees or palms having an average mature crown spread of less than twenty (20) feet may be substituted by grouping the same so as to create the equivalent of a twenty (20) foot crown spread. Such a grouping shall count as one (1) tree towards meeting tree requirements for any provision herein. Additional tree requirements and considerations are as follows:
(1)
Tree sizes: Tree species shall have a minimum height as shown below at time of installation. Minimum canopy spread shall be characteristic of the species at such height.
a.
Small trees (mature height of less than 15 feet): minimum tree size is 8 feet;
b.
Medium trees (mature height of 15 feet - 25 feet): minimum tree size is 10 feet; and
c.
Large trees (mature height of more than 25 feet): minimum tree size is 12 feet.
(2)
Tree species diversity requirements: Based on the existing and required quantity of total trees required to meet the requirements of the Code for the subject property, the following conditions shall determine the number of differing species that will be required:
Preserved Trees + Existing Trees = Total Required Trees. Therefore, if:
a.
Required trees = 6—10, then a minimum of two (2) species shall be used.
b.
Required trees = 11—20, then a minimum of three (3) species shall be used.
c.
Required trees = 21—50, then a minimum of four (4) species shall be used.
d.
Required Trees = 51 or more, then a minimum of five (5) species shall be used.
These requirements are based on perimeter and interior requirement totals and calculations.
(3)
Credit for existing native and noninvasive trees preserved on a site shall be granted towards meeting the tree requirements of any landscaping provisions of this article. No credit shall be granted for preserved trees that are in extremely poor condition or have a tree condition rating of 5.
(4)
Trees used in the required landscaping adjacent to a public street or swale are subject to approval by the County so that the sustainable character, biological diversity of tree species, and safety of the public street can be maintained, the reduction of the urban heat island effect shall be encouraged, and Complete Streets and "walkable" communities shall be promoted.
(5)
All large trees installed within six (6) feet of public infrastructure shall utilize a root barrier system, as approved by the County. Tree root barriers shall be installed at the sidewalk edge in those circumstances where tree roots are causing, or may potentially cause, a trip hazard because of lifting of some portions of a public sidewalk.
(6)
Tree removal is to be conducted pursuant to Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(d)
Palm species. Palms shall be of a species that has an average mature crown spread of not less than fifteen (15) feet, or may be substituted with smaller palms by grouping the same so as to create the equivalent of a twenty (20) foot crown spread, subject to the following:
(1)
Palms shall have a minimum of six (6) feet of clear trunk or greywood at installation.
(2)
Palms shall constitute no more than thirty-five percent (35%) of the total tree requirements.
(e)
Shrub species. Shrubs used as hedges shall be a minimum height of two (2) feet, full to base, and planted two (2) feet on center when measured immediately after planting. When shrubs are used as a screen around vehicular open space areas, said shrubs shall be a minimum of two (2) feet in height above the vehicular open space pavement surface that directly abuts the shrubs at time of planting and, if within a safe sight distance triangle, shall be no greater than thirty (30) inches in height, in accordance to Section 39-88 of this article. Hedges required as a buffer shall be planted and maintained so as to form a continuous, unbroken solid visual screen, with a minimum height of three (3) feet to be attained within one (1) year after planting. Use of several native species is preferable, but not required. When seen in profile, the upper portion of the hedge shall be narrower than the lower portion.
(f)
Vine species. Vines shall be a minimum of thirty (30) inches in supported height immediately after planting, may be used in conjunction with fences, visual screens, or walls, and shall be planted at ten (10) foot intervals to meet landscape buffer requirements.
(g)
Groundcover species. Groundcover shall be planted with a minimum of fifty percent (50%) coverage, with one hundred percent (100%) coverage occurring within six (6) months after installation.
(h)
Turf. Turf areas shall be sodded using species suitable as permanent lawns in the County. Where appropriate, turf species that require minimum irrigation are encouraged. The type and location of turf areas shall be selected in the same manner as with all the other plantings. Irrigated turf areas, as opposed to nonirrigated turf areas, are considered to be high water use hydrozones. Irrigated turf shall not be treated as a fill-in material but rather as a planned element of the landscape. Turf shall be placed so that it can be irrigated using separate zones.
(1)
Irrigated turf areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreation use, provide cover for septic tank drainfields and required drainfield reserve areas, or provide soil erosion control, such as on slopes or in swales, and, in limited instances, where turf is used as a design unifier or other similar practical use.
(2)
As a matter of public safety, no turf that requires mowing shall be allowed on slopes greater than four-to-one (4:1) or within ten (10) feet of the water's edge, except where adjacent to seawalls and bulkheads or needed to control erosion.
(3)
Turf areas shall be identified on the landscape plan and be subject to the requirement that no more than fifty percent (50%) of the landscaped area for multifamily dwellings and other development uses (excluding single family residences and duplex dwellings, which are subject to the turf requirements set forth in Section 39-85 of this article) may be in turf.
(i)
Sustainable Sites. LEED and Sustainable Sites concepts are encouraged in order to increase Green Infrastructure for sites being developed and to make them more environmentally conducive.
(1)
The Sustainable Sites (SS) LEED category rewards decisions about the environment surrounding the building, with credits that emphasize the vital relationships among buildings, ecosystems, and ecosystem services. It focuses on restoring project site elements, integrating the site with local and regional ecosystems, and preserving the biodiversity relied upon by natural systems.
(2)
The Sustainable Sites Initiative (SITES®) is a program based on the understanding that land is a crucial component of the built environment and can be planned, designed, developed, and maintained to protect and enhance the benefits derived from healthy functioning landscapes.
(Ord. No. 2017-15, § 10, 5-23-17)
All landscaping shall be installed according to accepted planting procedures with the quality of plants as described in Section 39-83 of this article.
(a)
Topsoil shall be of the minimum quality as specified in Section 39-82 of this article. Excluding palm trees, all trees shall be planted with twelve (12) inches of topsoil around the root ball and shrubs shall be planted with a minimum of six (6) inches of topsoil around the root ball. A minimum of three (3) inches of shredded, approved, organic mulch or groundcover shall be installed around each tree planting, including palms, for a minimum of thirty-six (36) inches beyond its trunk in all directions and throughout all hedge and shrub planting. A six (6) inch clear area will be made around each trunk to prevent root rot and other damaging effects. The use of clean mulch (i.e., seeds killed) either recycled or obtained from Melaleuca, Eucalyptus, Australian Pine, or other nonold growth hardwood is encouraged in order to reduce impacts on the environment and to preserve the remaining native plant communities.
(b)
All trees and palms shall be properly guyed and/or staked at the time of planting until establishment, which should not exceed more than seven (7) months for broadleaf trees and one (1) year for palms. The use of nails, wire, rope, or any other method which damages the trees or palms is prohibited. All plants shall be installed so that the top of the root ball remains even with, or slightly above, the soil grade.
(c)
No large trees which are indicated as "Category 1 Trees" in Appendix 1 of Chapter 27, Article XIV, of the Broward County Code of Ordinances, shall be located closer than twelve (12) feet from streetlights. No palms shall be closer than seven (7) feet from streetlights. The spacing of trees from electric utility lines must follow those guidelines established by Florida Power and Light publication "Right Tree, Right Place," and the publication The Florida Yards & Neighborhoods Handbook, 2015, with Section #1: "Right Plant, Right Place."
(d)
The soil volume around and adjacent to the tree should be adequate to allow for a healthy root zone based on the ultimate tree size at maturity.
(e)
A layer of organic mulch three (3) inches deep shall be placed in plant beds, except annual beds, and individual trees in turf areas. Mulch rings should extend at least three (3) feet around freestanding trees and shrubs. Mulch should be at least six (6) inches away from any portion of a building or structure, or the trunks of trees, and at least three (3) inches away from the base of shrubs.
(f)
Inspections of site for landscape installation:
(1)
Prior to installation, a preinspection of the site by the County is required to determine conditions on the subject property and appropriate use and selection of landscape material.
(2)
Before the landscape inspector makes the final inspection on commercial and industrial sites only, the landscape architect of record shall provide a certification letter to the County certifying that the landscaping was installed according to the plans and specifications.
(3)
On commercial and industrial sites only, a final landscape inspection by the County will be required upon completion.
(g)
When the landscaping has been installed and established by the contractor or installer, the owner of the property shall be subject to this article and shall be responsible for the maintenance of the land and landscaping so as to present a healthy, sustainable, vigorous, and neat appearance, free from refuse and debris.
(Ord. No. 2017-15, § 11, 5-23-17)
All new single family and duplex residential dwellings shall conform to the following landscaping requirements:
(a)
Landscape plans required. Owners of detached single family and duplex residential dwellings may submit landscape plans in the form of a landscape permit application. Any such landscape plans, or a note included on the corresponding site plans if no landscape plans are submitted for a particular project, shall identify the plants selected for the site and the quantity, size, and quality of such plants (including which plants constitute Florida-Friendly Landscaping TM vegetation), and planting specifications, as required by this article. Landscape drawings are not required for single family residences and duplex dwellings.
(b)
Generalized minimum landscape and irrigation requirements. The following table shall be used as a general interpretation of the required minimum landscape and buffering standards by lot size. Additional minimum landscape requirements, applicable to all new development, are contained in Section 39-85(c) below. Regulations for each zoning district may contain further landscape requirements related to specific uses.
Table 1
Minimum Landscape Requirements; Single family, duplex residential uses
(subject to additional minimum landscape requirements in Section 39-85(c) of the Code).
(c)
Additional minimum landscape requirements.
(1)
Prohibited and invasive tree species.
a.
Prohibited and invasive tree species shall not be counted towards fulfilling minimum tree requirements.
b.
Prohibited and invasive trees shall be removed from the property.
(2)
Shade trees. All developments shall provide the required number of shade trees in compliance with the following standards:
a.
Trees required in this section shall have a minimum overall height of ten (10) feet to twelve (12) feet or greater, with a minimum canopy spread characteristic of the species at such height and DBH requirements according to Florida Grades & Standards for Florida Nursery Plants.
b.
No more than fifty percent (50%) of required shade trees shall be palms, where every three (3) palms shall equal one (1) required shade tree.
c.
A minimum of one (1) shade tree shall be planted in the front yard; all other required trees shall be planted consistent the principles of the Florida-Friendly Landscaping TM Guide.
d.
Existing trees on site shall be protected according to the "Tree Preservation Ordinance," Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(3)
Shrubs, hedging.
a.
All shrubs shall be a minimum of eighteen (18) inches in height, when measured immediately after planting, and spaced a maximum of thirty (30) inches on center.
b.
A minimum fifty percent (50%) of required shrubs shall be listed native species in the Florida-Friendly Landscaping TM Guide.
c.
The height of any hedge shall not exceed eight (8) feet, except in the safe sight distance triangle of driveways where the maximum height shall be thirty-six (36) inches.
d.
Hedges may be placed on the property lines; however, this regulation shall not be construed to permit such hedges to extend beyond the official right-of-way lines or property lines.
e.
Hedges shall be incorporated into the landscape design so as to screen air conditioning units or other equipment from being visible from public rights-of-way.
(4)
Foundation planting.
a.
Foundation planting may be shrubs, groundcover, or combinations thereof and shall be counted towards the minimum native species requirements and Florida-Friendly Landscaping TM requirements of this section.
b.
Foundation planting shall be installed adjacent to and span along the foundation of any residential structure, or portion thereof, that faces a public right-of-way, except that foundation planting shall not block any entryways, windows, or openings.
c.
The quantity and type of foundation plants shall vary depending on the building size, configuration, and entryways and openings.
(5)
Florida-Friendly Landscaping TM .
a.
At least five percent (5%) of the lot area shall be installed with Florida-Friendly Landscaping TM .
b.
All species and quantities of Florida-Friendly Landscaping TM shall count towards the total required amount of Florida-Friendly Landscaping TM .
(6)
Turf and groundcover.
a.
Either turf, synthetic turf (if permitted by Section 125.572, Florida Statutes), or groundcover, or a combination thereof, shall be installed on all areas of the property not covered by buildings, paving, concrete slabs, or other impervious improvements. Synthetic turf that complies with DEP standards adopted pursuant to Section 125.572, Florida Statutes, as amended, may be installed on single family residential properties that are one (1) acre or less in size.
b.
In areas where no turf or groundcover is required, the property shall be maintained in its natural state; except that all invasive species shall be removed. This requirement shall not apply to those single family residential properties that are one (1) acre or less in size where synthetic turf is installed that complies with DEP standards adopted pursuant to Section 125.572, Florida Statutes, as amended.
c.
All areas of disturbed soil shall be covered with either turf, synthetic turf (if permitted by Section 125.572, Florida Statutes), groundcover, or a combination thereof.
(7)
Irrigation.
a.
All irrigation systems shall meet the irrigation standards developed pursuant to Section 373.228, Florida Statutes. Unless synthetic turf is installed as permitted by Section 125.572, Florida Statutes, all required landscape areas for single family residences and duplex dwellings shall be provided with an automatically operating, underground irrigation system designed to have head-to-head coverage (one hundred percent (100%) coverage with one hundred percent (100%) overlap).
b.
Pursuant to Section 373.62, Florida Statutes, rain shut-off switch equipment shall be required on automatic irrigation systems to avoid irrigation during periods of sufficient rainfall or soil moisture. The equipment shall consist of an automatic mechanical or electronic sensing device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.
(8)
Fertilizer applications. Noncommercial fertilizer applicators, not otherwise required to be certified, such as private citizens applying fertilizer on private residential properties, are encouraged to follow the most recent edition of the Florida Yards and Neighborhood Handbook (University of Florida) and UF/IFAS Extension's most recent Florida Yards and Neighborhoods program recommendations.
(9)
Pesticide applications. Persons applying pesticides on private residential properties should use an "Integrated Pest Management Strategy," as currently recommended by the UF/IFAS Extension publications.
(Ord. No. 2017-15, § 14, 5-23-17; Ord. No. 2025-32, § 3, 9-16-25)
(a)
Grading and design of property adjacent to bodies of water shall conform to federal, state, and local regulations which may include, but are not limited to, the use of berms or swales to intercept surface runoff of water and debris that may contain fertilizers or pesticides.
(b)
When mowing occurs near the shoreline, the chute shall be directed away from the water body. Riparian or littoral zone plants that do not require mowing or fertilization should be planted in the low maintenance zone. Where water levels vary considerably, care must be taken in the selection of these plants.
(c)
Mangrove trimming shall be performed only in accordance with Chapter 373, Part IV, Florida Statutes, Chapter 403, Florida Statutes, and Chapter 27, Article XI, of the Code.
(Ord. No. 2017-15, § 17, 5-23-17)
(a)
Generalized minimum landscape requirements. All multifamily and nonresidential uses, including facilities owned by Broward County, shall conform to the landscaping and buffering requirements set forth in the table below. Additional minimum requirements, applicable to all new development, are contained in Section 39-87(b) below. Zoning district regulations may contain further minimum landscape and buffering requirements related to specific uses.
Table 2
Minimum Landscape Requirements; multifamily and nonresidential
(subject to additional minimum landscape requirements in Section 39-87(b) of the Code).*
* Min. - Minimum
sq. - square
ft. - feet
(b)
Additional minimum landscape requirements.
(1)
Prohibited and invasive tree species.
a.
Prohibited and invasive tree species shall not be counted towards fulfilling minimum tree requirements.
b.
Prohibited and invasive trees shall be removed from the property.
(2)
Shade trees. All developments shall provide the required number of shade trees in compliance with the following standards:
a.
Trees required in this section shall have a minimum overall height of ten (10) feet to twelve (12) feet or greater, with a minimum canopy spread characteristic of the species at such height and DBH requirements according to Florida Grades & Standards for Florida Nursery Plants.
b.
All required perimeter trees shall consist of at least two (2) large species trees consistent with the Florida-Friendly Landscaping TM Guide; except that up to forty percent (40%) of the required large trees may be substituted with smaller tree species at two (2) small trees for every one (1) large tree substituted.
c.
Required perimeter trees and parking island shade trees shall count towards the required open space tree requirements.
d.
If overhead powerlines occur within the perimeter buffer area, then small trees may be substituted at the rate of two (2) small trees (less than fifteen (15) feet in height) to replace each required perimeter large tree.
e.
No more than thirty percent (30%) of required shade trees shall be palms, where every three (3) palms shall equal one (1) required shade tree. Palms shall be a minimum height of sixteen (16) feet in height at time of planting.
f.
Required trees shall be planted consistent with the principles of the Florida-Friendly Landscaping TM Guide.
g.
Required perimeter trees and landscaping shall be placed so as to minimize conflict with existing trees on adjacent properties within twenty-five (25) feet of the property line and integrate the landscaping for both properties. Credit may be given for the tree requirement of the subject property if trees occurring on the abutting property are in conflict with those required trees.
h.
Existing trees onsite shall be protected according to the "Tree Preservation Ordinance," Chapter 27, Article XIV, of the Broward County Code of Ordinances.
i.
Except as to any trees preserved within an existing ecological community pursuant to Section 39-81 of this article, credit towards the required shade tree requirement shall be given on a one-for-one (1:1) basis for preservation, replacement, or relocation of existing trees, as set forth in Chapter 27, Article XIV, of the Broward County Code of Ordinances.
(3)
Shrubs, hedging. All developments shall provide the required number of shrubs and hedging in compliance with the following standards:
a.
All shrubs shall be a minimum of eighteen (18) inches in height, when measured immediately after planting, and spaced a maximum of thirty (30) inches on center.
b.
A minimum fifty percent (50%) of required shrubs shall be listed native species in the Florida-Friendly Landscaping TM Guide.
c.
The height of any hedge shall not exceed eight (8) feet, except in the safe sight distance triangle of driveways where the maximum height shall be thirty-six (36) inches.
d.
Hedges may be placed on the property lines; however, this regulation shall not be construed to permit such hedges to extend beyond the official right-of-way lines or property lines.
e.
Hedges shall be incorporated into the landscape design so as to screen air conditioning units or other equipment from being visible from public rights-of-way.
(4)
Turf and groundcover. All developments shall provide the required turf and groundcover in compliance with the following standards:
a.
Turf, groundcover, or a combination thereof shall be installed on all areas of the property not covered by buildings, paving, concrete slabs, or other impervious improvements.
b.
In areas where no turf or groundcover is required, the property shall be maintained in its natural state; except that all invasive species shall be removed.
c.
All areas of disturbed soil shall be covered with turf, groundcover, or a combination thereof.
(5)
Foundation planting. All developments shall provide the required foundation plantings in compliance with the following standards:
a.
Foundation planting shall be installed adjacent to, and span a minimum twenty percent (20%) of, structures that face a public right-of-way; except that foundation planting shall not block any entryways, windows, or openings.
b.
Foundation planting may be shrubs or groundcover, or a combination thereof, and shall be counted towards the minimum native species requirements and Florida-Friendly Landscaping TM requirements of this section.
c.
The quantity and type of foundation plants shall vary depending on the building size, configuration, and entryways and openings.
(6)
Screening of equipment. Dumpsters, mechanical equipment, and electrical transformers shall be screened on at least three (3) sides by landscape material that is a minimum of thirty (30) inches in height. Such screening shall not interfere with normal operation of equipment.
(7)
Signs. All permanent freestanding sign installations require the installation and establishment of a minimum of one (1) shrub for every two (2) lineal feet of width of the sign structure on each side and a minimum of five (5) feet of groundcover around the perimeter of the sign base, designed in such a manner so as to not block the message on the sign.
(8)
Outdoor advertising.
a.
Landscaping near any signs for which an Outdoor Advertising License has been issued pursuant to Chapter 14-10, Florida Administrative Code, shall be maintained consistent with the vegetation plan provided in the application for permit issuance pursuant to Rule 14-10.057, Florida Administrative Code.
b.
Except where inconsistent with the vegetation plan referenced above or Section 70.20, Florida Statutes, each new outdoor advertising sign requires the establishment of plants to enhance the structure. A minimum of four (4) trees, chosen from a list of trees that will attain a mature height of not more than fifteen (15) feet, and a minimum of one (1) shrub shall be required for every two (2) lineal feet of width of the sign structure on each side of the tree line.
(9)
Ecological communities. With the exception of properties zoned AT, Airport Transportation, ecological communities incorporated into the perimeter buffer area shall conform to Section 39-81 of this Code, as applicable.
(10)
Parking islands. Where parking islands are required, the interior parking island sizes shall be in compliance with the following standards:
a.
Parking islands shall occur for every ten (10) contiguous parking spaces in a row, or fraction thereof.
b.
Parking islands shall have minimum dimensions of nine (9) feet by fifteen (15) feet.
c.
The end of each row shall have a parking island.
d.
Parking island size shall meet the soil volume necessary for the tree species selected to be planted in said island. The following sized islands shall serve as a guide for the selected trees or palms:
1.
135 square foot island size (9' x 15') for small trees or palms;
2.
225 square foot island size (15' x 15') for medium trees or palms;
3.
324 square foot island size (18' x 18') for large trees or palms;
4.
378 square foot island size (21' x 18') for large trees or groups of trees or palms; and
5.
486 square foot island size (27' x 18') or larger for larger groups of trees or palms.
(11)
Parking islands; required trees or palms. There shall be a minimum of one (1) tree or palm required for each parking island, with the following specifications at installation:
a.
Trees shall be a minimum of twelve (12) feet in height and trunk DBH of two (2) inches; or
b.
Palms shall be a minimum one (1) multiple trunk palm, with at least three (3) trunks, or a group of at least three (3) single trunk palms with a minimum overall height of sixteen (16) feet.
(12)
Parking lot landscaping should be designed to be sustainable and to function as part of the development's stormwater management system, utilizing vegetated islands as bioretention or swale areas at or below grade and with curb cuts. Existing natural drainage ways and vegetated channels shall be incorporated into the design, rather than the standard soil mounding and continuous concrete curb and gutter configuration, to decrease flow velocity and allow for stormwater infiltration.
(13)
Parking tiers shall be separated by a minimum of three (3) feet of nonirrigated landscape filter areas, unless impracticable considering lot size, site conditions, and minimum parking requirements. Landscape filter areas are to include a groundcover and landscape material that will achieve one hundred percent (100%) coverage when mature.
(14)
Parking lots shall be designed so as to drain the parking areas through the landscape filter areas, dividing the parking tiers to filter urban runoff.
(15)
Landscape islands shall be designed so as to use only microirrigation or, if possible, no supplemental irrigation.
(16)
All approved grass parking areas shall meet the same requirements as paved parking and will not be calculated in the previous space requirements. Other innovative designs may be substituted, when approved jointly by the County's Urban Planning Division and the Environmental Licensing and Building Permitting Division, or successor agencies.
(17)
Flexibility in the spacing of interior parking islands is permitted in retail centers to facilitate "view corridors" to anchor tenants' pedestrian entries, as long as the total required interior island plant count is provided and the spacing of shade trees to frame the view is not more than forty-five (45) feet.
(Ord. No. 2017-15, § 16, 5-23-17; Ord. No. 2020-34, § 16, 9-22-20; Ord. No. 2022-22, § 18, 5-11-22)
When the subject property abuts the intersection of two (2) or more streets, all landscaping within the triangular area located within twenty-five (25) feet of the intersection of the front and side street property lines shall provide unobstructed cross-visibility at a vertical level between thirty (30) inches and eight (8) feet, with the exception of a single tree trunk with a minimum of eight (8) feet of clear trunk. The property owner shall be responsible for maintaining all landscaping within the sight triangle. Landscaping, except required turf and groundcover, shall not be located closer than five (5) feet from the edge of any roadway and three (3) feet from the edge of any alley or pavement.
(Ord. No. 2017-15, § 19, 5-23-17)
(a)
All multifamily and nonresidential uses shall require an irrigation plan which shall include the following:
(1)
A minimum scale of one (1) inch to twenty (20) feet;
(2)
The location of all surveyed existing and proposed trees, vegetation, or ecological communities to be preserved, as required and approved by the EPGMD (See Section 39-80);
(3)
The location and outline of existing and proposed buildings and site improvements, water bodies, and hardscape features such as driveways, sidewalks, pools, fountains, fences, and retaining walls;
(4)
The location of all on grade, underground, and overhead utilities;
(5)
The location of the nearest recycled or reuse water main within one thousand (1,000) feet of the nonresidential subject property;
(6)
The irrigation POCs, the design capacity, and the water service pressure at irrigation POCs;
(7)
The water meter size;
(8)
The major components and location of the irrigation system, including all pumps, filters, valves, and pipe sizes and lengths;
(9)
Reduced-pressure-principle backflow-prevention devices for each irrigation POC on potable water systems and specifications;
(10)
The locations and specifications of controllers of rain shut-off devices and soil moisture sensors;
(11)
A notation indicating that all landscape areas shall be provided with an automatically operating, underground irrigation system designed to have head-to-head coverage (one hundred percent (100%) coverage with one hundred percent (100%) overlap);
(12)
An irrigation legend with the following elements:
a.
Separate symbols for all irrigation equipment with different spray patterns, precipitation rates, and pressure compensating devices;
b.
General description of equipment, including the manufacturer's name and model number for all specified equipment;
c.
Recommended operating pressure per nozzle, bubbler, and low flow emitter;
d.
Manufacturer's recommended overhead and bubbler irrigation nozzle rating in gallons per minute, or gallons per hour for low flow point applicators;
e.
Minimum (no less than seventy-five percent (75%) of maximum spray radius) and maximum spray radius per nozzle; and
f.
Manufacturer's rated precipitation rate per nozzle at specified pounds per square inch (psi); and
(13)
Zone layout plan (minimum scale of one (1) inch to twenty (20) feet):
a.
Indicating head type, specifications, and spacing; and
b.
Indicating methods used to achieve compliance with landscape irrigation design standards, as required by Section 373.228, Florida Statutes.
(Ord. No. 2017-15, § 18, 5-23-17)
All irrigation systems shall meet the irrigation standards developed pursuant to Section 373.228, Florida Statutes. All landscape areas (excluding single family residences and duplex dwellings, which are subject to the irrigation system design and installation requirements set forth in Section 39-85 of this article) shall be provided with an automatically operating, underground irrigation system designed to have head-to-head coverage (one hundred percent (100%) coverage with one hundred percent (100%) overlap). Drip, trickle, or other low volume or microirrigation systems shall be used for nonturf areas unless the owner demonstrates, and the EPGMD agrees, that the size of the area makes such systems financially infeasible or a tripping hazard associated with these systems has been identified. Irrigation systems shall be designed to minimize application of water to impervious areas.
(a)
Irrigation systems shall use reclaimed (reuse) water, if available, as follows:
(1)
Properties that are more than two and one-half (2½) acres in size shall utilize reclaimed (reuse) water, if it is provided within nine hundred (900) linear feet from the property, as measured from the property line of the subject property.
(2)
Properties that are one (1) acre up to two and one-half (2½) acres in size shall utilize reclaimed (reuse) water, if it is provided within three hundred (300) linear feet from the property, as measured from the property line of the subject property.
(3)
Sites that are less than one (1) acre in size shall utilize reclaimed (reuse) water, if it is provided within sixty (60) linear feet from the property, as measured from the property line of the subject property.
(b)
Irrigation systems shall be designed to meet the needs of the plants (hydrozones) in the landscape.
(c)
Irrigation systems shall be designed to separately serve turf and nonturf areas.
(d)
Irrigation system plans and specifications shall identify the materials to be used and the construction methods.
(e)
Irrigation systems shall be designed to consider soil, slope, and other site characteristics in order to minimize water waste, including overspray, the watering of impervious surfaces and other nonvegetated areas, and offsite runoff.
(f)
Irrigation systems shall be designed to minimize free flow conditions in case of damage or other mechanical failure.
(g)
A recommended seasonal operating schedule and average precipitation rates for each irrigation zone for both establishment and maintenance conditions shall be provided.
(h)
Control systems shall provide the following minimum capabilities:
(1)
Ability to be programmed in minutes, by day of week, season, and time of day;
(2)
Ability to accommodate multiple start times and programs;
(3)
Automatic shut-off after adequate rainfall or detection of adequate soil moisture;
(4)
Ability to maintain time during power outages for a minimum of three (3) days; and
(5)
Operational flexibility to meet applicable year-round water conservation requirements and temporary water shortage restrictions.
(i)
Precipitation rates for sprinklers and all other emitters in the same zone shall be matched, except that microirrigation emitters may be specified to meet the requirements of individual plants.
(j)
Irrigation systems shall be designed to maximize uniformity, considering factors such as emitter types, head spacing, sprinkler pattern, and water pressure at the emitter.
(k)
Irrigation systems with main lines larger than two (2) inches or designed to supply more than seventy (70) gallons per minute shall incorporate a means to measure irrigation water use, at a minimum of ninety-five percent (95%) accuracy across the flow range.
(l)
The system installer shall conduct final testing and adjustments to achieve irrigation system specifications prior to completion of the system installation and acceptance by the owner or owner's representative.
(m)
The system installer shall provide property owners and users with post-construction documentation, including as-built drawings, recommended maintenance activities and schedules, operational schedules, design precipitation rates, instructions on adjusting the system to apply less water after the landscape is established, water source, water shut-off method, and the manufacturer's operational guide for the irrigation controller. Property owners are encouraged to safely store such information and make it available to subsequent property owners.
(n)
All licensed contractors installing or performing work on automatic landscape irrigation systems must comply with the provisions of Section 373.62, Florida Statutes, which may be enforced by the County pursuant to this chapter.
(o)
To assist the end user to operate the system properly, the following should be provided to the owner at the time of installation:
(1)
A plan layout of the system;
(2)
Irrigation scheduling information, with instructions for seasonal timer and sensor changes; and
(3)
An irrigation valve site plan detailing valve locations, gallons per minute demands, precipitation rates, plant types within valve circuits, and operating pressure requirements for each valve.
(p)
The irrigation system shall be designed to correlate to the organization of plants into hydrozones. These hydrozones shall be shown on the irrigation plan, as required. All plants require watering during establishment. Temporary facilities may be installed to facilitate establishment. Irrigation must be conducted in accordance with South Florida Water Management District restrictions. If local water restrictions are more restrictive, then irrigation must be conducted in accordance with the stricter restrictions.
(q)
Pursuant to Section 373.62, Florida Statutes, rain shut-off switch equipment shall be required on automatic irrigation systems to avoid irrigation during periods of sufficient rainfall or soil moisture. The equipment shall consist of an automatic mechanical or electronic sensing device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.
(r)
The installation of tracer wire along main lines and laterals is strongly encouraged to permit easy location and prevent inadvertent cutting of pipes.
(s)
If the water supply for the irrigation system is from a well, a constant pressure flow control device or pressure tank with adequate capacity shall be required to minimize pump "cycling."
(t)
Check valves must be installed at irrigation heads, as needed, to prevent low head drainage and puddling.
(u)
Nozzle precipitation rates for all heads within each valve circuit must be matched to within twenty percent (20%) of one another.
(v)
No water spray from irrigation systems shall be applied under roof overhangs.
(w)
Irrigated areas shall not be less than four (4) feet wide, except when using micro or drip irrigation.
(x)
A pressure-regulating valve shall be installed and maintained if static service pressure exceeds eighty (80) psi.
(y)
Preserved ecological communities shall not be irrigated after establishment unless required by the EPGMD.
(z)
On lots under five thousand (5,000) square feet in size requiring landscape upgrades, irrigation may be accomplished by the installation and use of hand watering in accordance with current water restrictions.
(Ord. No. 2017-15, § 12, 5-23-17)
(a)
Required property maintenance of landscape areas.
(1)
Property owners, including, but not limited to, owners of single family residences, multifamily dwellings, commercial sites, and industrial sites, are responsible for ensuring that landscaping that has been required to be planted pursuant to this article, or installed in compliance with the landscape requirements previously in effect, be maintained in a healthy condition. If landscaping is found to be in a state of decline, dead, or missing, it shall be replaced with native vegetation plant species that will be at least equivalent in size at maturity. If any preserved vegetation, which is being used to satisfy current landscape requirements of this article, dies, such vegetation shall be replaced with the same landscape material, if available, or comparable vegetation that complies with this article.
(2)
Turf should be mowed frequently enough so that no more than one-third (1/3) of the blade height is removed per mowing.
(3)
All mulch should be renewed periodically and maintained in accordance with the landscape plan standards in Section 39-79 of this article. Plastic sheeting and other impervious materials shall not be used under mulched areas.
(4)
Preserved and created ecological communities shall be maintained in a natural state. Only clearing by hand is permissible, unless otherwise authorized by the EPGMD.
(b)
Best Management Practices (by owner).
(1)
All persons providing landscape maintenance services, commercial fertilizer applicator services, and institutional fertilizer applicator services within the County's unincorporated areas or on County properties, including County maintenance operations staff providing such services, shall:
a.
Attend training in the Best Management Practices described in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (Florida Department of Environmental Protection); and
b.
Have at least one (1) person holding a current certificate of completion for training as set forth in a. above present at all times on any job site while fertilizer application is in progress.
(2)
In no case shall grass clippings, vegetative material, or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, sidewalks, or roadways, either intentionally or accidentally.
(3)
Yard waste shall not be disposed of or stored by shorelines, ditches, swales, or the vicinity of storm drains. Yard waste and compost sites must be hidden from street view, maintained to prevent odor, and be free of weeds.
(4)
Turf clippings should be left on the lawn to replace nutrients. Shredded yard clippings and leaves should be used for mulch or be composted for use as fertilizer. However, diseased material should not be mulched and should be properly disposed of to avoid spreading disease.
(5)
Composting of yard waste provides many benefits and is strongly encouraged. Other recycled solid waste products are also available and should be used, when appropriate.
(6)
Irrigation shall be maintained at its highest efficiency, as designed, and eliminate all free flow possibilities should any breaks occur in the main, lateral, or other piping within the system. In the event of such occurrence, the break(s) shall be repaired immediately.
(Ord. No. 2017-15, § 13, 5-23-17)
Whenever regulations or restrictions imposed by this article conflict with other ordinances or regulations, or are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules, or restrictions which are more restrictive or which impose the highest standards or requirements shall govern. Regardless of any other provision of this article, no land shall be used in a manner and no structure erected or maintained in violation of any state, local, or federal pollution control or environmental protection law, regulation, or ordinance.
(Ord. No. 2017-15, § 24, 5-23-17)
(a)
The area covered by structures and impervious surface shall not exceed seventy-five percent (75%) for industrial, seventy percent (70%) for commercial, and sixty percent (60%) for residential uses. For the purposes of this requirement, all other uses, such as, but not limited to, utilities, transportation, and office park, shall be included in the commercial category. In mixed use developments, the most restrictive of the applicable impervious area limitations shall be utilized.
(1)
Landscaping and setbacks, buffer strips, drain fields, passive recreation areas, or any other areas not covered with a material that prevents infiltration of water into the ground may satisfy the requirement for pervious area.
(2)
When impervious material does not cover all the surface to which it is applied, credit towards the computation of the pervious area shall be given according to the percentage of pervious area that is retained.
a.
Pervious paving blocks may not be used within major driveways, loading zones, actively used parking stalls in commercial or industrial developments, or any other area that may cause a liability to the property owner.
b.
Pervious paving blocks may be used in overflow parking areas, park and recreation parking facilities, and residential areas. Where pedestrian traffic is prevalent, the voids in pervious paving blocks shall be planted with a nonrunner species of grass including, but not limited to, zoysia and Bermuda grass.
(3)
Where this Zoning Code allows some required parking stalls to be grassed, the grassed parking stalls shall not be counted towards the computation of pervious area.
(4)
Upon demonstration by the applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities or surrounding land uses are present, the Urban Planning Division Director may permit variation from the impervious area standards, subject to the following limitations:
a.
Variation from the stated requirements shall be proportional to mitigating design improvements provided in excess of the minimum required engineering and landscaping standards. The impervious area shall not exceed eighty-five percent (85%) for industrial, eighty percent (80%) for commercial, and seventy percent (70%) for residential uses.
b.
Mitigating design improvements may include the use of curvilinear berms to aid in screening; increased vegetation size and quantity, native species utilization, and preservation of existing significant vegetation to increase the quality of greenspace areas; the use of interlocking paving blocks along pedestrian walkways; and grassed retention basins and swales to aid in the filtration of storm water runoff.
(b)
Each proposed development shall include provisions for the application of best management practices to enhance retention areas such as grass ponds, grass swales, french drains, or combinations thereof.
(Ord. No. 2022-22, § 8, 5-11-22)