(a)

Purpose and intent. The purpose and intent of this article of the land development code is to establish rules and requirements governing the installation and maintenance of landscaping on property within the town limits and, in so doing, to promote the health, safety and welfare of existing and future residents of the town by improving the aesthetic appearance of commercial and residential areas through the incorporation of landscaping into developments and thoroughfares, and to generally improve environmental quality through the many benefits of landscaping to the environment.

(b)

Applicability. The minimum standards of this article for landscaping shall apply to all land use districts (single-family lots are excluded except where specifically referred to) and all public or private development within the town limits.

(Ord. of 12-12-90, § 9.00.00)

(a)

General. A minimum amount of trees and other vegetation shall be planted and maintained upon developed property and landscaping shall be installed and maintained in accordance with the requirements of this article for planting and plant material.

(b)

Residential development. Multiple-family residential developments and all other development with the exception of conventional single-family development shall have a minimum of one tree planted or preserved for each 1,500 square feet of lot area or fraction thereof.

(c)

Nonresidential development. A minimum of one tree shall be planted or preserved for each 2,500 square feet or fraction thereof of lot area of a nonresidential project. These trees may be grouped to avoid a rigid, unimaginative spacing.

(d)

Required landscaping adjacent to public rights-of-way. When any offstreet vehicular use area will not be entirely screened by an intervening building or structure from an abutting right-of-way, the area shall be designed and landscaped as follows:

(1)

A strip of land at least ten feet in depth shall be located between the abutting right-of-way and the offstreet parking area which shall be landscaped to include one tree for each 30 linear feet of abutting right-of-way or major fraction thereof. Such trees shall be located between the abutting right-of-way and offstreet parking area. In addition, a continuous hedge shall be placed along the interior perimeter of the landscaped strip.

(2)

All property lying between the right-of-way and offstreet parking area other than the required landscaped strip shall be landscaped with grass or other vegetative ground cover.

(e)

Perimeter landscaping relating to abutting properties.

(1)

When an offstreet parking area or other vehicular use area will not be entirely screened by an intervening building or structure from abutting property, that portion of such area not screened shall be provided with a landscaped buffer of not less than five feet in width. Such landscaped buffer shall be designed and planted with a hedge of minimum two feet in height at planting, to form a continuous screen between the offstreet parking area or other vehicular use area and such abutting property. Such hedge shall be located between the common lot line and the offstreet parking or other vehicular use areas. When a proposed landscape buffer area abuts an existing hedge on abutting property, the existing hedge may be used to satisfy the requirements of this subsection, provided that the existing hedge meets all applicable standards of this article and protection against vehicular encroachment is provided.

(2)

In addition, one tree shall be provided for each 30 linear feet or major fraction thereof of such landscape barrier. Such trees shall be located between the common lot line and the offstreet parking area or other vehicular use area. The landscape buffer shall be landscaped with grass or other ground cover, in addition to the required trees and hedge.

(f)

Parking area interior landscaping.

(1)

Surface parking and other vehicular use areas shall have at least one square foot of pervious interior landscaping for each 20 square feet or major fraction thereof of paved vehicular use area. Each separate interior landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least five feet, excluding curbing, and shall include at least one tree with the remaining area adequately landscaped with shrubs, grass, ground cover, or other plantings. The total number of trees in interior landscaping areas shall not be less than one for each 100 square feet or major fraction thereof of required interior landscaped area. Interior landscaped areas shall be situated to divide and break up expanses of parking and vehicular use areas. The interior areas of parking lots shall contain landscaped areas located no further apart than every ten parking spaces, and at the terminus of all rows of parking. All interior landscaped areas shall be curbed to prevent vehicular encroachment.

(2)

The front of a vehicle may not encroach upon any required landscaped area. Two feet of the required depth of each parking space abutting a landscaped area may be constructed as additional landscaped area, provided that suitable motor vehicle stops are provided.

(g)

Visibility standards for landscaping adjacent to the public rights-of-way and points of access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three feet and six feet; provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extent into the cross-visibility area shall be allowed provided they are located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any accessway pavement. The triangular areas referred to above are:

(1)

The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two sides of each triangle being ten feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides.

(2)

The area of property located at the corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being 30 feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.

(h)

Landscaping in rights-of-way adjacent to a development. A developer or property owner shall landscape, irrigate and maintain the medians and swales of streets adjacent to his project after appropriate jurisdictional approval. Plants may be permitted within the rights-of-way of streets provided that they comply with the roadside recovery area provisions of the state department of transportation (DOT) Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways (commonly known as the DOT Green Book) as amended.

(i)

U.S. Highway 1 median landscaping.

(1)

As part of the overall beautification of the town, the median on U.S. Highway 1 is to be landscaped in a uniform manner, to establish a harmonious visual effect for vehicles traversing the town on the highway.

(2)

Each section of the median shall be irrigated, planted and maintained by the adjacent property owners. The planting shall include an attractive combination of 14-foot minimum Queen Palms, #1 Florata sod, #1 begonias, impatiens and Mexican heather and #3 shrubs (gardenias, crotons, philodendrons and ixora). The palms are to begin five feet from beginning of median and thence at 25 feet on center or closer to create equal spacing and to end five feet from the end of the median.

(j)

Landscaping buffer area between nonresidential and residential districts. Buffer areas between nonresidential and residential districts shall include a wall of at least six feet in height that forms a continuous screen between the uses. One shrub of minimum three feet in height shall be provided for every five linear feet of the wall or major fraction thereof on the side of the wall toward the residential district. In addition, one tree having at least 4½ inches of trunk diameter, four feet above the ground, shall be provided for each 30 linear feet or major fraction thereof of buffer area, again on the side of the barrier toward the residential district.

(k)

Offstreet loading spaces. All offstreet loading spaces shall be fully screened from any residential district by a uniformly colored, solid visual and auditory barrier of not less than six feet in height, or a densely planted landscape screen consisting of evergreen shrubs or trees that shall be at least four feet in height when planted and that can be expected to reach at least six feet in height within two years. The screening shall extend the full length of any loading facility with openings as required for ingress and egress; however, there shall not be greater than 20 percent open space within the screen.

(l)

Existing offstreet parking and loading lots. When an offstreet vehicular use area existed as of September 12, 1990, and such offstreet parking lot is enlarged in area or capacity, the entire area, both old and new, shall be brought into compliance with these provisions.

(m)

Required landscaping for existing offstreet parking. When an offstreet vehicular use area lot existed as of September 12, 1990, and the building that the parking or loading lot serves is reconstructed or remodeled in excess of 50 percent of its assessed value, landscaping shall be provided as set forth in these provisions.

(Ord. of 12-12-90, § 9.01.00)

(a)

Quality. Plant materials used in conformance with the provisions of this chapter shall conform to the standards of Florida No. 1 or better as given in "Grades and Standards for Nursery Plants," part I, current edition, and part II, state department of agriculture, Tallahassee, as amended from time to time, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases.

(b)

Tree size. Immediately upon planting, all trees shall have a minimum of eight feet in height and a minimum crown spread of four feet. Projected mature spread shall be greater than 15 feet except for palms which must be a minimum of 12 feet in height and highly resistant to lethal yellow disease.

(c)

Tree species. A variety of shade tree species, both flowering and nonflowering, are suggested to meet the requirements of this chapter. The following list of species is not a complete list, but allows flexibility due to the availability of certain species. Species listed with asterisk are those with flowers.

(d)

Shrubs and hedges. Hedges shall be a minimum of 24 inches in height above grade at planting. Hedges, where required, shall be planted and maintained so as to form a 30-inch or higher continuous, unbroken, solid visual screen within a maximum of one year after the time of planting.

(e)

Ground covers. Ground covers, other than grass, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within nine months after planting.

(f)

Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in Palm Beach County. Grass areas may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in swales or other areas subject to erosion. When other than solid sod is used, protective measures shall be taken until complete coverage is achieved.

(g)

Synthetic lawns. Synthetic or artificial turf shall not be used in lieu of the plant requirements in this chapter.

(h)

Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of the plant requirements in this chapter.

(Ord. of 12-12-90, § 9.02.00)

The following list of prohibited species of trees are those species whose roots are known to cause damage to public roadways or other public improvements. They are not to be used for credit for required landscaping and if used, should not be planted closer than 20 feet to such improvements.

(Ord. of 12-12-90, § 9.03.00)

(a)

The owner or agent of a development shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and shall be kept free of debris.

(b)

All landscaped areas shall be provided with an approved irrigation system. Well water systems must be designed and maintained in a manner which eliminates staining of buildings, walks and other site improvements. The town encourages the use of well water or surface water body irrigation systems where practical to help reduce the use of the town's potable water for irrigation purposes. The town also encourages the use of xeric and drought tolerant plant species.

(Ord. of 12-12-90, § 9.04.00)

(a)

Landscape plans.

(1)

Landscape plans for required landscaping shall be prepared by and bear the seal of a landscape architect or otherwise be prepared by persons authorized to prepare landscape plans or drawings by F.S. ch. 481.

(2)

The landscape plan shall be drawn to satisfy the following:

a.

Be drawn to scale, including dimensions and distances.

b.

Delineate the existing and proposed parking spaces, or other vehicular use areas, access, aisles, driveways and similar features.

c.

Indicate method of irrigation and coverage.

d.

Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this chapter.

e.

Identify and describe the location and characteristics of all other landscape materials to be used.

f.

Show all landscape features, including areas of vegetation required to be preserved, and the location and outline of existing and proposed buildings and other improvements upon the site, if any.

g.

Include a tabulation clearly displaying the information necessary for the town to evaluate compliance with the provisions of this chapter. This includes gross acreage, acreage of preservation areas, number of trees and their height to be planted or preserved, square footage of paved areas.

h.

Contain such other information that may be required by the town that is reasonable and necessary for a determination that the landscape plan meets the requirements of this Code.

(b)

Inspections.

(1)

Compliance with the approved landscaping plan is a prerequisite to certificate of occupancy.

(2)

The Town Building Official shall inspect all landscaping and, except as otherwise provided herein, no certificate of occupancy shall be issued until the landscaping is completed in accordance with the approved landscape plan and the requirements of this chapter.

(c)

Agreement and surety to guarantee compliance.

(1)

If the landscaping requirements of this chapter have not been met at the time that a certificate of occupancy could be granted, and such certificate is requested, the town may enter into an agreement approved by the Town Attorney with the owner or his agent that the provisions and requirements of this chapter will be complied with. The owner or his agent shall post a performance bond or 110 percent of the cost of materials, labor and other attendant cost incidental to the installation of the required landscaping.

(2)

Upon the execution of such agreement and the furnishing of such surety, the required permit or certificate may be issued.

(Ord. of 12-12-90, § 9.05.00)