The provisions of this article are intended to ensure functional and attractive development. Development design shall take into account the protection of natural resources as prescribed in Article VI of this Code. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

All improvement required by this article shall be designed, installed, and paid for by the developer.

The purpose and intent of this section is to establish standards for the provision of landscape materials and buffer yards in specified land use classification districts of Flagler County. The County Commission of Flagler County finds that natural and planted vegetation in urban places has been shown to make important contributions to improved levels of air and water quality and that buffer yards block the glare of lights, signs and visual nuisances; reduce noise levels, air pollution, dust, dirt and litter. For these reasons the county commission finds that landscape and buffer yard requirements promote the general welfare of Flagler County.

As used in this section, the following terms shall mean as follows:

(1)

Architectural planter: A container within which plantings may be placed to meet the requirements of this section.

(2)

Board: The Board of County Commissioners of Flagler County, Florida.

(3)

Crown: The main point of branching or foliage of a tree or plant, or the upper portion of a tree or plant.

(4)

Crown spread: The distance measured across the greatest diameter of a plant.

(5)

Developed area: The portion of a plot or parcel of land, excluding public rights-of-way, upon which a building, structure, pavement, landscape material, or other improvements have been placed.

(6)

Drip-line: The outer perimeter of the crown of a plant.

(7)

Encroachment: The protrusion of a vehicle outside of a parking space, display area, storage area, access way, or access aisle into a landscaped area.

(8)

Ground cover: Natural mulch or low growing plants other than deciduous varieties installed to form a continuous cover over the ground.

(9)

Interior area: The entire parcel to be developed exclusive of the front, rear and side perimeter landscape areas.

(10)

Landscape: The placement of landscape material in the planting area in accordance with the requirements of this section.

(11)

Landscape material: Living material including, but not limited to, trees, shrubs, vines, lawn grass, ground cover; landscape water features; retention areas; and nonliving durable material commonly used in landscaping, including but not limited to rocks, pebbles, sand, prairie film, brick pavers, earthen mounds, but excluding impervious surfaces for vehicular use. Minimum fifty (50) percent of such material shall be living.

(12)

Land use district description: Where reference is made to uses or land use districts herein, the following definitions shall apply:

(a)

Abutting. To physically touch or border upon or to share a common property line.

(b)

Agricultural uses or districts. Properties zoned AC and AC-2 used for any residential or bona fide agricultural use authorized in such agricultural district;

(c)

Single-family residential uses or districts. Properties zoned R-1, R-1b, R-1c, R-1d or used primarily for single-family purposes;

(d)

Two-family residential uses or districts. Properties zoned R-2 or used primarily for two-family purposes;

(e)

Multifamily residential uses or districts. Properties zoned R-3 or used primarily for multifamily purposes (three (3) or more attached units);

(f)

Office uses or districts. Properties zoned O-1, O-2, or used primarily for office purposes;

(g)

Commercial uses or districts. Properties zoned C-1 or C-2 or used primarily for commercial purposes;

(h)

Industrial uses or districts. Properties zoned I, Industrial or used primarily for industrial purposes; and

(i)

Mobile home residential uses or districts. Properties zoned MH-1, MH-2 or MH-3 or used primarily for mobile home subdivisions and single-family purposes or mobile home park purposes.

(13)

New construction: Any development for which an application for a building permit must be made prior to the initiation of any improvements. Also, in the case of vehicular use paving, any preparation or pavement (asphalt or concrete) of a site intended for any type of vehicular use begun after the effective date of this section.

(14)

Planting area: Any area designed for landscape material installation having a minimum of fifty (50) square feet, a minimum depth, as measured perpendicular to the adjacent property line, of five (5) feet, and consisting of suitable growing medium with proper drainage.

(15)

Redevelopment: The demolition or removal of the principal structure or more than fifty (50) percent of the impervious surface of a site.

(16)

Shade tree: Any self-supporting woody plant of a species that is well-shaped, well-branched and well-foliated which normally grows to an overall height of at least thirty-five (35) feet and normally develops an average mature spread of crown greater than thirty (30) feet in this county. (A listing of acceptable shade trees is provided in Appendix A—Flagler County Shade Trees).

(17)

Shrub: A woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base.

(18)

Sight triangle: The areas of property on both sides of an access way formed by the intersection of each side of the access way and public right-of-way with the two (2) sides of each triangle being not less than twenty (20) feet in length from the point of intersection and the third side being a straight line connecting the ends of the two (2) other sides.

(19)

Tree: Any self-supporting, woody plant of a species which normally grows to an overall height of at least twenty (20) feet and normally develops an average mature spread of crown greater than twenty (20) feet in the Flagler County area of Florida.

(20)

Vehicular use area: Any ground surface area, excepting public rights-of-way, used by any type of vehicle whether moving or at rest for the purposes of, including but not limited to, driving, parking, loading, unloading, storage or display, such as, but not limited to, new and used car lots; activities of a drive-in nature in connection with banks, restaurants, filling stations, grocery and dairy stores; and other vehicular uses under, on or within buildings.

(21)

Vines: Any of a group of woody or herbaceous plants which may climb by twining, or which normally require support to reach mature form.

(22)

Visual screen: A barrier of living or nonliving landscape material put in place for the purpose of separating and obscuring from view those areas so screened.

(1)

General applicability. The requirements and standards for the installation and maintenance of the following:

(a)

Minimum landscape development in publicly and privately developed land use areas;

(b)

Landscape planting areas in offstreet parking facilities and other vehicular use areas shall apply to all new development and redevelopment in the county, except single and two-family dwelling units and agricultural uses;

(c)

Buffer yard area requirements between uncomplimentary land uses and districts as defined in subsection 5.01.04(4)(a).

(2)

Buffer yard area exemptions. Landscape buffer areas between uncomplimentary land uses and districts as herein set forth shall be required for all new construction and redevelopment in the county, except in single and two-family residential land uses and agricultural land uses.

(3)

Portions of a developed area left in its natural state. It is the intent of this section to encourage the use of natural areas as a partial or whole credit in meeting the landscape development requirements of this section.

To ensure the attainment of the objectives of this section, the design and installation of required landscaping shall be consistent with the following standards unless it can be demonstrated to the Flagler County Planning Board that alternative design and installation plans will meet the objectives of this section. The landscape development standards contained herein shall apply whenever a building permit or landscape plan are required.

(1)

Landscape area requirements. Multifamily residential, mobile home park, office, commercial or public land uses shall devote a minimum of fifteen (15) percent of the total developed area to pervious landscape areas. At least one-third (⅓) of the minimum required area must be contained within the interior area of the site.

(2)

Industrial land uses. Industrial land uses shall devote a minimum of ten (10) percent of the total developed area to landscape development.

(3)

Single family dwellings. Each single family lot or parcel must provide at least one (1) tree per each two thousand five hundred (2,500) square feet of lot area or major fraction thereof, excluding any portion within a water body. Existing shade trees, sabal palms and pine trees may be used to satisfy this requirement, in whole or in part, provided that they have a minimum caliper of two and one-half (2½) inches DBH and overall height of ten (10) feet. When trees are planted to meet the minimum requirement they must be shade trees meeting the material standards of this section. The development of a single family dwelling on a lot or parcel zoned AC (Agriculture) or AC-2 (Agriculture/forestry) zoning district and conforming to the minimum dimensional requirements of the respective zoning district shall be exempt from the requirements of this section.

(4)

John Anderson Highway/Old Kings Road. All residential and commercial development lying south of State Road 100 and abutting John Anderson Highway or Old Kings Road shall provide a minimum twenty-five (25) foot landscape buffer easement adjacent and parallel to the road right-of-way. This requirement does not apply to intersecting roadways, canals or electric transmission easements. Within said buffer, a minimum of one (1) tree per forty (40) lineal feet must be preserved and/or planted. Shrubs and understory vegetation shall be planted between trees. This buffer may be included as part of a larger lot, tract or parcel. Except for fences and walls approved as part of a planned unit development (PUD), the minimum landscape buffer area must be kept free of structures such as fences, sheds, swimming pools, etc.

(5)

Off-street parking and vehicle use areas. Off-street parking facilities and other vehicular use areas, excepting permitted accessways, shall meet the following requirements:

(a)

Perimeter requirements.

1.

Front perimeter landscape areas. An average ten-foot-wide strip of land, located between the front property line and abutting a building or vehicular use area shall be landscaped. Width of sidewalks shall not be included within the average ten-foot-wide front setback perimeter landscape area. The landscaped strip of land shall be increased to twenty-five (25) feet wide for properties abutting S.R. 100 or U.S. Highway 1.

1a.

Front perimeter landscape areas in the A1A Scenic Corridor. Developments shall provide a wide landscaped strip located between the property line and the developed area. The width of this landscape buffer shall be a minimum average of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, with no buffer width less than twenty (20) feet. For properties with a lot depth greater than one hundred (100) feet the perimeter shall be a minimum average of twenty-five (25) percent of the lot depth, up to a maximum of forty (40) feet, with no buffer width less than twenty-five (25) feet. Width of sidewalks shall not be included within the front perimeter landscape buffer. The intent of this requirement is to create an undulating, diversified non-uniform perimeter buffer for the A1A Scenic Corridor that is in keeping with the existing natural and non-regimented character of the area. Developed areas such as septic systems, stormwater facilities, vehicular use areas including parking and access aisles (not including access driveways), solid waste facilities including dumpsters, storage buildings, and similar features or structures are not allowed in perimeter landscape buffers; provided however, that undulating dry retention basins may intrude up to ten (10) percent of the perimeter landscape buffer where necessary to save index trees elsewhere on the property.

2.

Side and rear perimeter landscape areas. A five-foot-wide strip of land, located between the side and rear property lines and the vehicular use area, shall be landscaped, except that where the strip of land to be landscaped is between a side or rear property line and a vehicular use area used as an accessway, a four-foot-wide strip of land shall be landscaped. Common driveways serving adjacent property are exempt. The landscaped strip of land shall be increased to twenty-five (25) feet wide for multifamily projects.

2a.

Side and rear perimeter landscape areas in the A1A Scenic Corridor. A ten (10) foot wide landscape strip buffer of land, located shall be required along the side and rear property lines. The minimum width of this landscape buffer shall be fifteen (15) feet for the side and twenty (20) feet for the rear for a nonresidential use when adjacent to residential uses or zoning. No landscape buffer is required for a nonresidential use when it is adjacent to nonresidential uses or zoning, but tree planting shall still be required or in the case of like commercial uses, where no setbacks or landscape areas are required. Common driveways and sidewalks serving adjacent properties are exempt from perimeter requirements.

(b)

Material requirements in perimeter area.

1.

Tree count. The total tree count requirements within the front setback perimeter landscape area shall be determined by using a ratio of one (1) tree for each twenty-five (25) linear feet of lot frontage or major portion thereof with no less than fifty (50) percent of said trees being native shade trees. The total tree count requirement within the side and rear perimeter landscape areas shall be determined by using a ratio of one tree for each fifty (50) linear feet with no less than fifty (50) percent of said trees being native shade trees. The total tree count requirement within the side and rear perimeter landscape areas for multifamily projects shall be determined by using a ratio of one tree for each twenty-five (25) linear feet with no less than fifty (50) percent of said trees being native shade trees.

1a.

Tree count in the A1A Scenic Corridor. The total canopy tree count requirements within the front, side, and rear perimeter landscape buffer shall be determined by using a ratio of one (1) planted tree for each twenty-five (25) linear feet of perimeter or one (1) preserved tree of at least fourteen (14) inches of caliper for every fifty (50) linear feet of perimeter. Perimeter calculations shall exclude up to no more than twenty-four (24) feet of access ways through the perimeter in the calculation. Preserved trees may be located up to fifteen (15) feet outside the required perimeter landscape strips, or when no strip is required, away from the property line. If trees are preserved or planted outside of landscape strips, landscape islands must be at least three hundred (300) square feet and must conform with critical root zone standards, with the tree placed approximately in the middle of the island. No fewer than seventy-five (75) percent of the required trees shall be native trees identified on the Interim Index Tree List. If salt air exposure is not a limiting factor as determined by the county administrator or his/her designee, no more than twenty-five (25) percent of the required trees may be palm trees, which must be at least twelve (12) feet high in height at the time of planting. For development sites greater than one (1) acre, no more than fifty (50) percent of the new trees planted shall be from the same genus (for example oak). [Editor's Note— The Interim Index Tree List for the A1A Scenic Corridor is not set out herein but is available for public inspection in county offices.]

1b.

Tree preservation required in the A1A Scenic Corridor. Preservation of all existing native trees larger than six (6) inches in caliper is required within the perimeter area except for access ways.

1c.

Understory trees in the A1A Scenic Corridor. Installation or preservation of eight (8) understory trees not less than six (6) feet in height, and one (1) inch caliper measured at six (6) inches above ground from the Interim Understory Tree List for each one hundred (100) lineal feet of front perimeter abutting the public vehicular right-of-way less the frontage for access ways.

1d.

Trees shall be interspersed with understory shrubs using a ratio of one (1) shrub for each twelve and one-half (12½) linear feet of lot frontage or major fraction thereof. Shrubs shall be a minimum of forty-eight (48) inches in height and shall be from the Interim Shrub List or those marked "U" on the Interim Index Tree List for the A1A Scenic Corridor.

2.

Ground cover. Grass or other ground cover shall be placed on all areas within the front, side and rear setback perimeter landscape areas not occupied by other landscape material or permitted accessways.

(c)

Visual screen in perimeter area.

1.

Perimeter landscape areas. A visual screen shall be placed within the perimeter landscape areas and shall run the entire length of such abutting property line, except at permitted accessways.

2.

Light penetration and height. A visual screen shall be installed to provide an opaque, continuous screen not lower than thirty (30) inches, except at permitted accessways. The minimum visual screen height shall be increased to forty-eight (48) inches for multifamily projects.

(d)

Cross-visibility standards for setback areas. A sight triangle shall be provided at those points where an accessway intersects a public right-of-way. The area within the sight triangle shall be provided at those points where an accessway intersects a public right-of-way. The area within the sight triangle shall be maintained in accordance with this section.

1.

Cross-visibility level. An unobstructed cross-visibility between two (2) and ten (10) feet above the level of the center line of the public right-of-way shall be maintained within the sight triangle.

2.

Trees. Trees having limbs and foliage trimmed so that the cross-visibility is not obscured shall be allowed to overhang within the sight triangle, provided the location of the tree itself does not create a traffic hazard.

(e)

Interior planting areas.

1.

Size. In vehicular use areas within the interior of a site, one (1) two-hundred-fifty-square-foot planting area shall be required for each five thousand (5,000) square feet or majority portion thereof of vehicular use area, and a native shade tree together with other landscape material shall be planted within such planting area. Interior planting areas shall be located to most effectively relieve the monotony of large expanses of paving and contribute to orderly circulation of vehicular and pedestrian traffic, and shall be no less than six (6) feet in width.

1a.

Size of interior planting areas in the A1A Scenic Corridor. In vehicular use areas within the interior of a site, one (1) planting area, containing at least one (1) index tree with a minimum caliper of four (4) inches at six (6) inches above ground, of at least four hundred (400) square feet in area and no less than fifteen (15) feet in width shall be required for each four thousand (4,000) square feet or major fraction thereof, of vehicular use area. If palm trees are used to meet this requirement, a three to one (3:1) ratio shall be used with a minimum height of twelve (12) feet for each palm. If salt air exposure is not a limiting factor as determined by the county administrator or his/her designee, no more than thirty (30) percent of the required trees in the landscaped islands may be palm trees. Interior landscaped areas shall be dispersed so as to define aisle ends and to limit unbroken rows of parking to a maximum of eighty (80) linear feet. For development sites greater than one (1) acre, no more than fifty (50) percent of the new trees planted shall be from the same genus (for example oak). Where it is suitable, trees may be planted and preserved in clusters rather than individually to increase shaded areas and to improve long-term survivability and longevity of trees. Planting trees in clusters or groups rather than individually allowing a minimum of four hundred (400) square feet per tree in each group or cluster shall be encouraged. Planted trees shall conform to the requirements below.

2.

Overhang. Vehicles shall not overhang more than two (2) feet into any interior planting area.

(6)

Buffer standards relating to uncomplimentary land uses and zones.

(a)

The following shall constitute uncomplimentary uses and zones:

1.

Office use or zones, when abutting to single-family housing use or lands zoned for single-family housing.

2.

Mobile home park use or zones, when abutting to single-family housing, two-family housing, multifamily housing and office uses, and lands zoned for single-family housing, multifamily housing and office uses.

3.

Commercial uses or zones, when abutting to single-family housing, two-family housing, multifamily housing or mobile home park or mobile home subdivision uses or lands zoned for single-family housing, multifamily housing or mobile home park or mobile home subdivision uses.

4.

Industrial uses or zones, when abutting to any nonindustrial uses or zones.

5.

All residential uses or zones, when abutting any public park.

(b)

In uncomplimentary land uses or zones, a buffer strip shall be required. Said buffer strip shall be at least ten (10) feet in width the entire length of all such common boundaries.

(b1)

A buffer strip in the A1A Scenic Corridor shall be required between uncomplimentary land uses or zones. No new structures shall be placed within fifty (50) feet of an existing residential primary structure on an adjoining uncomplimentary land uses or zones. No new structures shall be placed within fifty (50) feet of an existing residential primary structure on an adjoining parcel. Twenty-five (25) feet of the buffer strip shall be used for a vegetative buffer as described in Section 5.01.04, Landscape development standards. Such twenty-five (25) foot buffer areas shall include a wall, fence, hedge, or natural vegetation area of at least six (6) feet in height that will screen single-family housing uses or lands zoned for single-family housing from more intensive uses. Any wall or fence installed or used for this purpose must be placed along the property line, but may be offset up to ten (10) feet from the property line or interrupted to avoid impacting trees.

(c)

Buffer material requirements shall be as follows:

1.

Tree count. The total tree count required within the buffer strip shall be determined by using a ratio of one (1) tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof, with a minimum of fifty (50) percent of said trees being native shade trees. Trees shall be spaced so as to allow mature growth of shade trees.

2.

Ground cover. Grass or other ground cover shall be planted on all areas of the buffer strip required by this section which are not occupied by other landscape material.

3.

Visual screen. A visual screen running the entire length of all common boundaries shall be installed within the buffer strip, except at permitted accessways. Such strips shall provide a minimum of sixty (60) percent opacity for that area between the finished grade level at the common boundary line and six (6) feet above said level and horizontally along the length of all common boundaries. A six-foot-high solid wall or fence may be substituted to meet the visual screen requirements of this section when existing trees located in the buffer strip prevent the development of a planted landscape screen.

4.

Prevailing requirement. Whenever parcels of land fall subject to both the perimeter landscaping requirements and the uncomplimentary land use buffer strip requirements of the article, the latter requirement shall prevail.

(7)

Buffer standards relating to multifamily uses and zones.

(a)

In multifamily land uses or zones, a buffer strip shall be required. Said buffer strip shall be at least twenty-five (25) feet in width the entire length of all such common boundaries.

(b)

Buffer material requirements shall be as follows:

1.

Tree count. The total tree count required within the buffer strip shall be determined by using a ratio of one tree for each twenty-five (25) linear feet of required buffer strip, or majority portion thereof, with a minimum of fifty (50) percent of said trees being native shade trees. Trees shall be spaced so as to allow mature growth of shade trees.

2.

Ground cover. Grass or other ground cover shall be planted on all areas of the buffer required by this section which are not occupied by other landscape material.

3.

Visual screen. A visual screen running the entire length of all common boundaries shall be installed within the buffer strip, except at permitted accessways. Such strips shall provide a minimum of sixty (60) percent opacity for that area between the finished grade level at the common boundary line and six (6) feet above said level and horizontally along the length of all common boundaries. A six-foot-high solid wall or fence may be substituted to meet the visual screen requirements of this section when existing trees located in the buffer strip prevent the development of a planted landscape screen. If the solid fence or wall is substituted, it must be located behind a visual screen of shrubs planted at a minimum height of twenty-four (24) inches and not exceeding three (3) feet on center. The minimum height of the shrubs shall be four (4) feet and the maximum height shall be six (6) feet.

4.

Prevailing requirement. Whenever parcels of land fall subject to both the perimeter landscaping requirements and the multifamily land use buffer strip requirements of the article, the latter requirement shall prevail.

(8)

Plant material standards.

(a)

Unless otherwise provided herein, only Florida No. 1 or better plant material as described in "Grades and Standards for Nursery Plants," Part I 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, shall be credited on the landscape development requirements of this section.

(b)

Portions of a developed area left in the natural state shall be credited in the landscape development requirements of this section.

(c)

Trees shall be subject to the following:

1.

Height. Trees shall have a minimum height of eight (8) feet and minimum diameter of one and one-half (1½) inches measured at four and one-half (4½) feet aboveground at the time of planting.

1a.

Height and rootball size in the A1A Scenic Corridor. Trees shall have a minimum height of twelve (12) feet and a minimum diameter of four (4) inches measured at six (6) inches above ground at the time of planting. The rootball shall have a ninety-five-gallon minimum container or equivalent rootball size. The minimum rootball size diameter shall be forty (40) inches or, if in a growbag, shall have a diameter of thirty (30) inches minimum.

2.

Crown spread. Species of trees which will meet the twenty-foot mature height requirement, but will have an average mature crown of less than twenty (20) feet, may be substituted by grouping the same so as to create the equivalent of a crown spread of twenty (20) feet.

3.

Planting area. The planting area for each tree shall be a minimum of one hundred (100) square feet around the trunk of the tree and shall be maintained in either vegetative landscape material or pervious surface cover.

4.

Plant materials shall conform to the standards for Florida No. 1 or Florida Fancy as stated in "Grades and Standards for Nursery Plants," (current version) State of Florida Department of Agricultural and Consumer Services Division of Plant Industries. The preservation and use of native vegetation is highly encouraged. Plant materials selected shall be the best suited to withstand the soil and physical conditions of the site. Plant materials that are freeze and drought tolerant are preferred.

5.

Tree planting and maintenance procedures for replacement trees shall follow the "Tree, Shrub and Other Woody Plant Maintenance Practices," on pruning, fertilization and support systems called the ANSI (American National Standards Institute) A300 Standard. Transplanting and establishment of trees shall follow those described in Typical Tree Bid Specifications for Florida, part 2 (shipping and handling) part 3 materials, and part 4 (execution) developed by the University of Florida, the Florida Urban Forestry Council and the Florida Chapter of the International Society of Arboriculture.

6.

Maintenance practices on the protected trees on the site shall follow the pruning, fertilization and support practices contained in the ANSI A300 Standard.

7.

Plant materials must be maintained in a healthy condition in perpetuity.

(d)

Shrubs and hedges shall be subject to the following:

1.

Minimum height. They shall be a minimum height of twelve (12) inches at the time of planting. The minimum planting height shall be increased to twenty-four (24) inches for multifamily projects.

2.

Opacity conformance. When used to meet the visual screening requirements of this section, they shall conform to the opacity requirements within three (3) years from the time of planting.

3.

Prohibited species. No species of deciduous shrub shall be credited on the visual screening requirements of this subsection.

4.

Placement. The placement of shrubs used to fulfill the visual screening requirements shall not exceed five (5) feet on center, and shall be no closer than two (2) feet to the edge of any pavement. For multifamily projects, the visual screening requirements shall not exceed three (3) feet on center.

(e)

Vines, groundcover, lawn grasses, synthetic plant material, and architectural planters shall be subject to the following:

1.

Vines. Vines shall be thirty (30) inches in length within one (1) calendar year from the time of planting.

2.

Groundcovers other than lawn grasses. Groundcovers other than lawn grasses shall be planted so as to provide seventy-five (75) percent coverage within one (1) calendar year from the time of planting.

3.

Lawn grasses. Lawn grasses shall be subject to the following:

a.

Lawn grasses planted for credit on the landscaping requirements shall be perennial species capable of thriving in the county.

b.

Lawn grasses shall be planted so as to achieve complete coverage within two (2) calendar years from the time of planting.

c.

Grasses may be sodded, sprigged, plugged or seeded except that solid sod shall be used in swales or other areas subject to erosion.

4.

Synthetic plant material. No credit shall be granted for use of artificial plant material.

5.

Architectural planters. Credit shall be given for use of architectural planters which meet the following criteria:

a.

Architectural planters for shrubs shall have a planting area of not less than ten (10) square feet and a depth of not less than eighteen (18) inches.

b.

Architectural planters for trees shall have a planting area of not less than twelve (12) square feet and a depth of not less than four (4) feet.

(f)

Irrigation or access to irrigation shall be provided for all landscaped areas. Such irrigation shall also be indicated on the landscape plan required herein.

(Ord. No. 97-12, § 4, 8-18-97; Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-05, § 2, 2-16-04; Ord. No. 04-06, §§ 2, 3, 5-17-04; Ord. No. 04-11, § 3, 8-16-04; Ord. No. 2024-06, § 2D, 9-16-24)

Whenever the provisions of this section are applicable in accordance with subsection 5.01.03, a building permit shall be required.

(1)

Submission of landscape plan. A landscape plan shall be submitted where required for site plan review and upon application for a building permit. The landscape plan shall include sufficient information for the county to determine whether the proposed landscape improvements are in conformance with the landscape standards and other requirements of this section. General areas of native vegetation to be preserved shall be shown on the plan.

(2)

Contents of landscape plan. The landscape plan shall be submitted to the county and shall include at a minimum a description of the species, size, quantity and location of all trees, shrubs and landscape material and a depiction of the site including proposed structures, vehicle use areas and relationships of the site to adjacent public or private streets and properties.

(3)

Permit procedures. The following procedures and requirements shall be followed by the applicant and the county:

A.

Applications for approval of landscape plans shall be made to the county, at the time an application is submitted to the county for a building permit.

B.

No building permit, if required, shall be issued unless and until the county has approved the application for a landscape plan.

C.

A certificate of occupancy shall be issued, when the county has determined that required site improvements have been installed according to the approved application and plan. In cases of hardship a performance bond equaling one hundred fifty (150) percent of the unfinished landscape improvements identified in the approved plan shall be posted for a period not exceeding sixty (60) days.

D.

A copy of the approved permit and plan shall be available on site during installation of landscape improvements.

E.

If landscaping is not installed in accordance with the approved permit, then, prior to the issuance of certificate of occupancy or occupancy of the building, an amended site plan must be filed and approved by the county reflecting the final landscaping plan actually installed.

(1)

Variances. The planning board is hereby designated as the landscape and buffer yard board of adjustment and is authorized to consider variances in specific cases where such variances will not be contrary to the public interest and where, owing to special conditions a literal enforcement of the provisions of this section would result in unnecessary hardship. All requirements, procedures, findings and appeals of landscape and buffer yard variances shall follow those provisions for zoning variances as outlined in Article III, Zoning District Regulations.

(2)

Exemptions. In application for the planned unit development classification as described in Article III, Zoning District Regulations, or any amendments thereto, the following provisions shall apply:

A.

The landscape buffer requirements between uncomplimentary land uses or zones existing within the planned unit development itself do not apply.

B.

Where a planned unit development would require to construct and maintain a buffer adjacent to other properties as provided in this section, said requirement may be waived by the county provided a transitional character has been achieved through the design of the planned unit development.

(1)

Maintenance.

A.

All required plant material shall be maintained in Florida No. 1 grade or better condition as described in "Grades and Standards for Nursery Plants," Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee.

B.

Structural elements relating to nonliving landscape material shall be maintained in good condition at all times.

(2)

Replacement. Dead plant material shall be replaced in accordance with the provisions of this section and within a time period appropriate to the growing season of the species in questions, not exceeding ninety (90) days.

(3)

Protection of landscape material. All required landscape areas shall be protected from unpermitted vehicular encroachment by the use of wheel stops, curbing or other suitable methods.

(4)

Use of landscape area. No required landscape area shall be used for parking, except encroachment as provided in this section, or for accessway structures, garbage or trash collection or any functional uses contrary to the intent and purposes of this section.

(1)

Whenever the county determines that a violation of this section exists, the county shall give written notice of the violation to the applicant and owner. The code enforcement officer is empowered to enforce the provisions of this section.

(2)

Penalties F. S. 125.66. Any violation of this section may be enforced by the code enforcement board and violators may be ordered to pay a fine not exceeding two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance.

FAMILY:

 C = Carya

 M = Magnolia

 A = Acer

 Q = Quercus

 U = Ulmus

(Ord. No. 2024-06, § 2E, 9-16-24)

It is the purpose and intent of this section to provide for stormwater management within Flagler County primarily through the existing regulatory framework of the U.S. Army Corps of Engineers (COE), United States Environmental Protection Agency (USEPA), Florida Department of Environmental Regulation (DER), Florida Department of Transportation (DOT) and the St. Johns River Water Management District (SJRWMD). Hereafter, these agencies are sometimes referred to as the "permitting agencies."

(Ord. No. 92-03, § 1, 3-30-92)

Flagler County through this section adopts and incorporates by reference the rules and regulations of the COE, USEPA, DER, the DOT and the SJRWMD pertaining to the regulation of stormwater. The county specifically adopts and incorporates by reference the provisions identified in Appendix A hereto.

For those activities which require authorization of one or more of the above-listed agencies, the granting of authorization by all of the agencies regulating the activity shall constitute authorization for the activity from Flagler County under this section. Failure to obtain authorization from one or more agencies which regulates the activity shall constitute failure to obtain authorization from Flagler County unless the activity is exempted under this section.

Exempted from the requirements of this section is any new development which is either:

a.

The construction of one single-family dwelling unit, duplex, triplex or quadruplex, provided the dwelling unit or structure is not part of a larger common plan of development or sale;

b.

Silvicultural activities that are constructed and operated in accordance with the rules of other permitting agencies and the current edition of the Silviculture Best Management Practices Manual published by the State of Florida; or

c.

Any other construction activity that involves:

i.

Less than five hundred (500) square feet of impervious or semi-impervious surface area subject to vehicular traffic, including roads, parking lots, driveways and loading zones;

ii.

Less than one thousand (1,000) square feet of building area or other impervious area not subject to vehicular traffic; or

iii.

Less than one (1) acre of recreational area, including but not limited to golf courses, tennis courts, putting greens, driving ranges, or ball fields.

Any new development not exempted by this section but for which no permit is obtainable from the permitting agency shall meet the requirements of section 8.10.03 of the county's Land Development Code.

(Ord. No. 92-03, § 1, 3-30-92)

Subsequent to the effective date of this section, any owner or developer shall furnish to the county administrator or his designee a copy of any stormwater permits issued by the COE, USEPA, DER, DOT or the SJRWMD after the adoption of this section. In addition, the owner or developer shall furnish a copy of any permit applications, applicable engineering drawings, engineering calculations, test reports, as-built construction drawings and signed and sealed completion reports, as well as any amendments or revisions thereto, to the county administrator or his designee.

Any owner or developer who has obtained a stormwater permit prior to the effective date of this section shall furnish a copy of said permit to the county administrator or his designee. A permit in this context means, in addition to the permit and any amendments thereto, the following which shall be provided to the county administrator or his designee: The permit application and any amendments thereto and any testing or monitoring reports prepared in conjunction with or subsequent to the issuance of the permit, engineering drawings and calculations and any amendments or revisions, any as-built construction drawings and the signed and sealed completion report.

Any applicant obtaining a permit issued by a permitting agency shall be issued a Flagler County permit subject to the following conditions:

(a)

The applicant shall utilize best management practices for erosion and sediment control during construction;

(b)

The applicant shall furnish to the county administrator or his designee a copy of any inspection report by a permitting agency when issued by the permitting agency;

(c)

The applicant will comply with all maintenance requirements imposed by the permitting agency.

In the event the applicant fails to comply with these conditions or the permitting agency declines to enforce them or fails to conduct inspections or monitoring, Flagler County may enforce such conditions.

If an applicant intends to utilize excess drainage capacity to accommodate new development that is subject to this section, the applicant will be limited to using specific drainage basins established by the applicant. The applicant shall also furnish any public drainage easements if required by the county in connection with the use of such excess capacity.

This section regulating stormwater management shall not affect or govern the application of policy 4.4.2 of the county's comprehensive plan.

(Ord. No. 92-03, § 1, 3-30-92)

In addition to the enforcement authority of the COE, USEPA, DER, the DOT or the SJRWMD, Flagler County shall enforce the standards incorporated by reference in this section. Flagler County reserves the right to inspect all permitted projects in addition to any regulatory agency inspections that may be conducted. Further, the Flagler County Engineer shall be notified, in writing, at least seven (7) days prior to the commencement of construction on any permitted project. Such enforcement mechanisms shall include, but not be limited to, stop work orders, injunctions, and recovery of costs, expenses, expert fees, and reasonable attorneys fees. Flagler County may also seek penalties, fines and liens through its code enforcement board.

In the event of any violation, Flagler County shall notify the COE, USEPA, DER, DOT or SJRWMD, as appropriate, to inform them of the violation and such agency shall have at least fifteen (15) days within which to cure said violation. If after fifteen (15) days the violation is not cured, Flagler County at its option may pursue enforcement in its own name on behalf of its citizens. In the event of a serious violation as solely determined by the county, the fifteen-day notice to other permitted agencies shall not be required, and the county may seek to correct the violation immediately.

Any activity not in conformity with the requirements of this section are declared to be nuisances. The county administrator or his designee shall bring such activities to the attention of the board which may direct the office of the board/county attorney to bring appropriate civil action in the court of appropriate jurisdiction for their abatement.

(Ord. No. 92-03, § 1, 3-30-92)

The county, or any aggrieved person, may resort to such relief at law or in equity as may be necessary to ensure compliance with the provisions hereof, including injunctive relief to enjoin and restrain any person violating the provisions of this section.

(Ord. No. 92-03, § 1, 3-30-92)

Any violation of this section may be enforced by the code enforcement board and the violator may be ordered to pay a civil fine up to two hundred fifty dollars ($250.00) per day per violation for each day the violation continues past the date set for compliance and up to five hundred dollars ($500.00) per day per violation for repeat violators.

(Ord. No. 92-03, § 1, 3-30-92)

Violators also may be prosecuted criminally and be subject to a fine of up to five hundred dollars ($500.00) or imprisonment in the county jail for a term of up to sixty (60) days, or both fine and imprisonment. With respect to violations that are continuous with respect to time, each day the violation continues shall constitute a separate offense.

(Ord. No. 92-03, § 1, 3-30-92)

This section does not alter any rights of Flagler County to intervene in or otherwise challenge the grant of stormwater permits(s) by the COE, USEPA, DER, DOT, SJRWMD, or any other governmental agency or entity.

(Ord. No. 92-03, § 1, 3-30-92)

Editor's note— Formerly, § 5.03.08 contained a sunset provision that repealed § 5.03.00 on March 15, 1992, as amended by Ord. No. 91-12, § 1, adopted Sept. 30, 1991. Ord. No. 92-03, § 1, adopted March 30, 1992, amended § 5.03.00 in its entirety and did not include a sunset provision.

APPENDIX A

Chapter 120, F.S. (Administrative Procedures Act)

Chapter 373, F.S. (Water Resources Act of 1972)

Chapter 403, F.S. (Environmental Control)

Chapter 17-40, F.A.C. (State Water Policy)

Chapter 40C-4, F.A.C. (Management and Storage of Surface Waters)

Chapter 40C-40, F.A.C. (General Surface Water Permits)

Chapter 40C-41, F.A.C. (Surface Water Management Basin Criteria)

Chapters 17-3 & 17-4 F.A.C. (Water Quality Standards)

Chapter 17-25, F.A.C. (Regulation of Stormwater discharge)

Chapter 40C-1, F.A.C. (Organization and Procedure of S.J.R.W.M.D.)

Chapter 40C-43, F.A.C. (General Silvicultural Surface Water Management Permits after Notice)

Chapter 40C-6, F.A.C. (SJRWMD, Works of the District)

Chapter 17-6, F.A.C. (Agricultural Discharge)

Chapter 17-12, F.A.C. (Dredge & Fill Activities)

Chapter 40C-42, F.A.C. (Regulation of Stormwater Discharge)

Chapter 334, F.S. (Public Transportation)

Chapter 14-86, F.A.C. (Rules of Dept. of Transportation)

River & Harbor Act of 1899

Federal Water Pollution Control Act Amendments of 1972

Clean Water Act of 1977

NPDES Rules

Marine Protection Research/Sanctuaries Act of 1972

Chapters 161, 253, 258, Florida Statutes

Fish & Wildlife Coordination Act of 1958

Rule 16, F.A.C. (Dept. of Natural Resources, Bureau of Beaches and Shores and Bureau of State Lands)

(Ord. No. 92-03, § 1, 3-30-92)