(a)

Purpose. The objective of this section is to provide minimum standards for the installation and maintenance of landscaping within the city. This section shall apply to all real properties private or publicly owned within the city.

This section is further intended to fulfill objectives as contained within the conservation element of the city's comprehensive plan, by providing for:

(1)

Conservation of potable and nonpotable water.

(2)

Implementation of Florida Friendly Landscaping Principles™.

(3)

Maintenance of permeable land areas essential to surface water management and aquifer recharge.

(4)

Implementation of the preservation of existing plant communities.

(5)

Eradication of prohibited and controlled species referenced in subsection k).

(6)

Implementation of the planting of site-specific native and drought-resistant plant materials creating larger and more connected plant populations.

(7)

Establishment of guidelines for the installation and maintenance of landscape material and irrigation systems.

(8)

Reduction of air, noise, heat, and chemical pollution through the biological filtering capacities of trees.

(9)

Implementation of energy conservation through the creation of shade and promoting an aesthetic appearance for the community.

(10)

Provision of food, cover and creating habitat for birds, butterflies, and other wildlife.

(11)

Reduction of the financial costs of landscape maintenance.

(12)

Encouragement of creative landscaping designs.

(b)

Applicability. This section shall be a minimum standard and shall apply to all existing and newly developed public and private buildings, developments, and land within the incorporated areas of the city.

(c)

Minimum landscape requirements.

(1)

New and existing single-family and duplex properties. New and existing single-family and duplex properties shall apply the following minimum standards for landscaping:

a.

The landscaping shall meet or exceed the minimum number of landscape points required.

Points needed per lot area:

Landscape points table

b.

A landscape point is a measurement describing the amount of required plant material in flexible units based on the landscape point values in the above table.

c.

Fifty (50) percent of the landscape points must be planted within the front yard and fifty (50) percent of the landscape points within the remaining portion of the landscaped areas.

d.

One (1) tree shall be planted for every two thousand five hundred (2,500) square feet or part thereof of lot area. Existing trees preserved on the site may be credited toward this tree requirement. At least one (1) shade tree shall be placed in the front yard.

e.

All other lot areas not covered by driveways or structures shall be planted with living ground cover or other approved landscape materials.

f.

The area between the property line and the edge of pavement of the abutting right-of-way shall be landscaped, and provided with irrigation and maintenance. Rock, gravel, concrete or asphalt is expressly prohibited from being used in the right-of-way.

g.

All refuse container storage areas and all ground mechanical equipment visible from an adjacent property or an adjacent street shall be screened with vision obscuring fencing or hedging. A vision obscuring gate may be used in conjunction with fencing or hedging.

h.

For duplexes that have a parking lot that does not require back-out parking, the screening specified for new multi-family units shall be required.

i.

For duplexes that have a parking lot that has or requires back-out parking, hedging and a shade tree will be required to be installed on both sides of the back-out parking area but shall not be located in an area reserved for the visibility triangle (see section 23.4-4).

(2)

New and existing multiple-family, commercial and industrial development. On the site of a building or open-lot use providing an off-street parking, storage or other vehicular use area, where such an area will not be screened visually by an intervening building or structure from an abutting right-of-way or dedicated alley, landscaping shall be provided as follows:

a.

Additional landscaping that is over and above the minimum requirements listed below may be provided which may serve as credit toward the Sustainable Bonus Incentive Program, if applicable.

b.

Perimeter requirements adjacent to public and private rights-of-way.

1.

A strip of land at least ten (10) feet in depth located between the off-street parking area or other vehicular use area and the city's major thoroughfares and roadway rights-of-way shall be landscaped. For developments located in the Downtown Mixed Use (DT), Mixed Use East (MUE), Mixed Use Federal Highway (MUFH), Mixed Use Dixie Highway (MEDH) and the Transit Oriented Development East (TOD-E) zoning districts, a landscape strip of land along roadway rights-of-way other than major thoroughfares must be at least five (5) feet in depth. A similar landscaped strip of land at least five (5) feet in depth shall be located between the city's alleys and off-street parking areas or other vehicular use areas. The landscaping shall consist of:

a.

At least one (1) small tree for each fifteen (15) linear feet or fraction thereof, or

b.

At least one (1) medium tree for each twenty (20) linear feet or fraction thereof, or

c.

At least one large tree for each twenty-five (25) linear feet or fraction thereof, or

d.

A combination of small, medium and/or large trees, when aggregated meet the linear spacing as outlined in a. through c. above.

2.

The trees shall be located between the right-of-way line and the off-street parking or vehicular use area. The remainder of the landscape area shall be landscaped with grass, living ground cover, organic mulch or other landscape treatment excluding pavement, gravel, or other similar materials.

3.

Additionally, a hedge, wall or other durable landscape area shall be placed along the interior perimeter of the landscape strip. If a hedge is used (see subsection c.) it must be a minimum of two (2) feet in height at the time of planting, and it must attain a minimum height of three (3) feet above the finished grade of the adjacent vehicular use or off-street parking area within one (1) year of planting.

4.

Multiple tier plantings are strongly encouraged for all properties, regardless of the depth of the landscape buffer. Those properties that have a landscape buffer depth of ten (10) feet or more shall be required to provide an additional layer of groundcover. The groundcover shall be located directly in front of the required hedge, so as to be visible from the adjacent right-of-way. This groundcover shall be installed at one-half (½) of the height of the required perimeter hedge.

5.

If a nonliving barrier is used, it shall be a minimum of three (3) feet above the finished grade of the adjacent vehicular use. Nonliving barriers shall require additional landscaping to soften them and enhance their appearance. For each five (5) feet of nonliving barrier, two (2) shrubs or vines shall be planted along the street side of the barrier, in addition to tree requirements. Earth berms may be used only when installed in conjunction with sufficient plant materials to satisfy the screening requirements. The slope of the berm shall not exceed a 3:1 ratio.

6.

Hedges for multi-family projects which are used to separate a residential use from an adjacent arterial or collector road right-of-way may attain a height of eight (8) feet to mitigate the impact of the adjacent roadway, unless otherwise prohibited. A visibility triangle shall be maintained (see section 23.4-4).

7.

Perimeter hedging installed to effect screening of storage areas must be a minimum of four (4) feet in height at the time of installation and be permitted to grow to a height to conceal the materials being stored. Palms used for the purpose of street trees adjacent to roads that are not designated as major thoroughfares must be planted in clusters of three (3) with no palm being planted further than ten (10) feet apart.

8.

The unpaved portion of the right-of-way adjacent to the property line shall be landscaped and provided with irrigation and maintenance.

c.

Perimeter landscaping requirements relating to abutting properties.

1.

A landscaped screen shall be provided between the off-street parking area or other vehicular use area and abutting properties. The landscape screen may be two (2) feet in height at the time of planting and shall achieve and be maintained at not less than three (3) feet and no greater than six (6) feet in height to form a continuous screen between the off-street parking area or vehicular use area and such abutting property. This landscape screen shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width that is free of any vehicular encroachment, including car overhang. In addition, one (1) tree shall be provided for every twenty (20) linear feet of such landscaped screen or fraction thereof.

2.

Where any commercial or industrial area abuts a residential zoning district in addition to requirements established for district boundary line separators in the zoning code one (1) tree shall be planted every twenty (20) feet to form a solid tree line.

3.

The provision for perimeter landscape requirements relating to abutting properties shall not be applicable where a proposed parking area or other vehicular use area abuts an existing hedge or established tree line. The existing hedge and trees may be used to satisfy the landscape requirements provided the existing material meets all applicable standards. The landscape strip, a minimum of five (5) feet in depth, however, is still required, and must be landscaped with living ground cover and be free of any vehicular encroachment, including car overhang. If the existing landscaping does not meet the standards of this section, additional landscaping shall be required as necessary to meet the standards. In the event that the landscaping provided by the adjacent property which has been used to satisfy the landscaping requirements for the property making application is ever removed, the property heretofore using the existing vegetation to satisfy landscaping requirements must then install landscaping as required to comply with the provisions of this code.

d.

Interior landscaping requirements relating to areas exclusive of vehicular parking areas and building footprints.

1.

All pervious areas of a site that not associated with required water retention shall be provided landscaping meeting the following standards:

a.

At least one (1) small tree for each two hundred twenty-five (225) square feet or fraction thereof, or

b.

At least one (1) medium tree for each four hundred (400) square feet or fraction thereof, or

c.

At least one (1) large tree for each six hundred twenty-five (625) square feet or fraction thereof, or

d.

A combination of small, medium and/or large trees, when aggregated meet the square footage tree ratio as outlined in a. through c.

e.

A five-foot building landscape area shall be provided adjacent to the perimeters of all buildings where one (1) shrub shall be planted for every five (5) square feet of landscaping area.

f.

The remainder of the building landscape area shall be landscaped with living ground cover and organic mulch.

g.

The remainder of the pervious area of the site shall be landscaped with grass, living ground cover, organic mulch or other material as deemed appropriate by the community sustainability department.

(3)

Interior landscape requirements for parking and other vehicular use areas.

a.

The amount of interior landscaping within off-street parking areas shall amount to no less than twenty (20) percent of the total area used for parking and accessways.

b.

There shall be a group of palms or a shade tree for every one hundred twenty-five (125) square feet of required interior landscaping. No more than twenty (20) percent of these required trees shall be palms.

c.

Landscape islands which contain a minimum of one hundred thirty-five (135) square feet of plantable area, with a minimum dimension of eight (8) feet, exclusive of the required curb, shall be placed at intervals of no less than one (1) landscaped island for every ten (10) parking spaces. One (1) shade tree or equivalent number of palm trees shall be planted in every interior island.

d.

Each row of parking spaces shall be terminated by landscape islands with dimension of eight (8) feet in width, exclusive of curbs. An exception to this requirement is when a landscaped area exists at the end of the parking row. One (1) shade tree or equivalent number of palm trees shall be planted in every terminal island.

e.

Whenever parking tiers abut, they shall be separated by a minimum five-foot wide landscape strip. This strip shall be in addition to the parking stall. Non-mountable curbs are not required for these landscaping strips, provided carstops are installed. Should carstops not be installed the landscape strip shall be a minimum of nine (9) feet wide and be provided a non-mountable curb.

f.

Perimeter landscape strips which are required to be created by these land development regulations shall not be credited to satisfy any interior landscaping requirements; however, the gross area of perimeter landscape strips which exceed minimum requirements may, upon approval by the community sustainability department, be credited to partially satisfy the interior landscape requirements of this section.

g.

Interior landscaping in both parking areas and other vehicular use areas shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving wherever possible. A portion of the landscaping for interior parking spaces, not to exceed twenty-five (25) percent of the total requirement, may be relocated so as to emphasize corridors or special landscape areas within the general parking area or adjacent to buildings located on the site, if helpful in achieving greater overall aesthetic effect. Such relocated landscaping shall be in addition to the perimeter landscaping requirements.

h.

All dumpster and refuse areas shall be screened with opaque fencing or walls with an exterior landscape screen of shrub hedging or other continuous decorative landscaping that is a minimum height of twenty-four (24) inches at installation and shall be maintained at no less than three-fourths (¾) of the total height of the enclosure. All ground level mechanical equipment shall be screened with shrub hedging or opaque fencing or walls. Chain link or similar type open fencing shall not be permitted.

1.

Existing non-conformities.

a.

Where the development review official determines that a literal enforcement of this section will result in a reduction of the number of required parking spaces or the modification of impervious and landscape areas, the development review official may approve an administrative adjustment of the number of required parking spaces by no more than one (1) parking space, and/or no more than ten (10) percent of the impervious area and landscape area.

i.

Landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review.

j.

All landscaped areas shall be provided with an irrigation system, automatically operated, to provide complete coverage of all plant materials to be maintained. This system should be designed to automatically shut off when raining. The source of water may be either from city water or non-potable water. The use of recycled water is encouraged.

(d)

Minimum maintenance requirements.

(1)

General. The landowner, or successors in interest, or agent, if any, shall be jointly and severally responsible for the following:

a.

All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed, and in accordance with acceptable horticultural practices and meet applicable city code requirements. Any fertilizing performed by a commercial fertilizer applicator shall be performed in compliance with section 12-113 of the City Code.

b.

The repair or replacement of required landscape structures (e.g., walls, fences) to a structurally sound condition.

c.

The regular maintenance, repair or replacement, where necessary, of any screening or buffering required by this section.

d.

Perpetual maintenance to prohibit the re-establishment of prohibited and controlled species as referenced in subsection j) within landscaping and preservation areas.

e.

Continuous maintenance of the site.

(2)

Pruning of trees. (See also subsection m), tree preservation).

a.

It is illegal to prune a tree improperly.

b.

All major and minor maintenance of trees shall be performed following pruning standards set by the National Arborist Association Pruning Standards for Shade Trees and the American National Standards for Tree Care Operations (ANSI) A300 (recent edition).

c.

A permit is required to remove a tree.

d.

All tree trimming whether major or minor shall be performed by a company licensed by the state, county, or City of Lake Worth Beach or by single-family homeowners or owners of owner-occupied duplexes.

e.

Maintenance pruning of trees is to allow for uniform healthy growth. Trees shall be allowed to attain their normal size prior to any pruning except in conjunction with the removal of diseased limbs, or to remove limbs or foliage that present a hazard to power lines or structures. Lower branches and suckers must be selectively removed to provide a minimum of six (6) feet of clear trunk. Severely cutting back lateral branches and canopy, or "hatracking" is expressly prohibited. Trees may be periodically thinned in order to reduce the leaf mass in preparation for tropical storms. A tree's habit of growth must be considered before planting to prevent conflicts with view or signage and such a conflict shall not of itself necessarily permit the pruning or removal of a tree.

f.

Palm tree pruning. Unless palms are being prepared for relocation, no fronds shall be removed unless they hang below a horizontal position. Fronds that touch a structure should be removed.

f.

Public Property. No person shall remove, cut above the ground or disturb any tree on any street, park or other public place unless authorized by the city. (See subsection p), tree preservation.)

(e)

Tree protection. Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the city shall follow City Code compliance procedures and at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated. The notice shall require such property owner to control or eradicate disease or pestilence within reasonable time to be specified in such notice. See also Chapter 12, Article VI.

(f)

Prohibited and nuisance species. All prohibited plant species shall be eradicated from the development site in accordance with section 23.6-1(b) and re-establishment of prohibited species shall not be permitted. The following plant species shall be eliminated in the City of Lake Worth Beach:

(1)

Melaleuca, Punk tree, Paper Bark, Cajeput (Melaleuca quinquenervia).

(2)

Brazilian Pepper or Florida Holly (Schinus terebinthi-folius).

(3)

Australian Pine (Casuarina).

(4)

Earleaf Acacia (Acacia auriculiformis).

(5)

Bischofia (Bischofia javanica).

(6)

Norfolk Pine (Araucaria heterophyll).

(7)

Carrotwood (Cupianopsis anacardioides).

(8)

Poison Wood (Metopium toxiferum).

(9)

Schefflera/Umbrella Tree (Schefflera actinophylla).

(g)

Permit required.

(1)

A landscape permit, including a landscape plan, shall be required for the following:

a.

All new construction projects or the expansion or renovation of any existing development when the expansion or renovation of the existing development is equal to fifty (50) percent of the assessed value of the improvements according to the property appraiser, or

b.

When the total square footage of a structure is expanded by fifty (50) percent or greater. In such cases the entire site shall be upgraded to present landscape standards.

c.

For improvements associated with a minor site plan amendment, major site plan amendment, conditional use permit, planned unit development amendment, administrative use permit or for the conversation of residential use to commercial use.

(2)

The landscape plan shall be prepared by a design professional that is authorized by F.S. Ch. 481 and shall:

a.

Be drawn to scale consistent with the site plan with crowded areas provided in a larger scale presentation.

b.

Include date, north arrow, and graphic scale.

c.

Clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles, sidewalks, building locations and similar feature.

d.

Show location, dimensions and screening of all proposed ground mounted mechanical and utility equipment.

e.

Show property lines and all rights-of-way adjacent to existing property to be improved.

f.

Contain a Statement of Intent as to the method and coverage of irrigation (irrigation systems require a separate permit; see section 23.6-1(l) for additional irrigation regulations).

g.

Designate by name and location the plant material to be installed or preserved.

h.

Show location of overhead lines and proposed or existing utility easements.

i.

Show proposed or existing locations of refuse areas, all above ground mechanical equipment and methods of screening.

j.

Show proposed or existing locations of free standing signs.

k.

Provide an existing tree survey documenting all trees with a DBH equal to or greater than three (3) inches. All trees shall have a number or symbol that is referenced in a table. This table shall be shown on the existing tree survey and shall document the botanical and common name, caliper, height and spread and overall condition for each tree, native or non-native and which trees will be removed, relocated, replaced or preserved in place.

l.

Show landscape calculations in a legible tabular format. The type of calculations used will be determined by the property use. Single family dwellings and duplex properties shall utilize the single family dwelling and duplex properties calculations. Multi-family, commercial and industrial use properties shall utilize the multi-family, industrial, commercial calculations, as appropriate.

m.

Show proposed plant material in a tabular form. Include botanical and common names, specifications, quantity and symbol (if applicable).

n.

Be accompanied by a landscape cost estimate. Landscape improvements include the cost of material, labor and profit.

o.

Label all plant material to be of Florida #1 grade or better as illustrated in the Grades and Standards for Nursery Plants, Part 1 (current edition) by the Florida Department of Agriculture. All material that is graded lower than Florida #1 quality shall be rejected.

p.

Show all sight triangles in their proper locations. See section 23.4.4.

(3)

The final completion of landscaping prior to issuance of the certificate of occupancy. All landscaping and related items shall be installed in accordance with this section before the certificate of occupancy is issued.

(h)

Delay in landscaping. In the event that the required landscaping cannot be completed at such time that a certificate of occupancy or similar use authorization could otherwise be issued, the building official may enter an agreement with the owner that the required landscaping will be completed within the subsequent three (3) months. The agreement shall be accompanied by a bond in the amount of one hundred ten (110) percent of the costs of the required work, complete and in place, including all incidental costs, as determined by the building official.

(i)

Site restoration. All existing landscaping, pavement, and grade of areas affected by work must be restored to original condition or to the satisfaction of the development review official or designee. The developer must verify that the pipeline trenches have been properly compacted to the densities required by the plans and specifications.

(j)

Site planning and design requirements. The following site design standards, concepts, and practices shall be adhered to in the preparation of landscape plans:

(1)

Water conservation. All landscape plans must be created to implement water conservation by providing for:

a.

Preservation of existing native plant communities;

b.

Re-establishment of native plant communities;

c.

Use of plant materials adapted to the existing or modified site conditions;

d.

Use of shade trees to promote water conservation;

e.

Limit amounts of lawn grass areas to outdoor gathering or recreational areas only; and

f.

Retention of storm runoff on site.

(2)

Preservation and promotion of native plants. Native plant communities should be preserved to the greatest extent possible by incorporating them into the open space plan. Those communities that are designated to remain shall be preserved with trees, undergrowth and ground cover, the exception being the eradication of all growth of prohibited and controlled plant species as provided in this section. (See subsection j). All preservation areas shall be staked and taped during site development and construction.

(3)

Protection of trees during construction. (See subsection m). It shall be unlawful for any person in the construction of any structure or other improvement to place material, machinery or temporary soil deposits within the drip line of any tree, and prior to construction the builder shall be required to erect suitable protective barriers around all such trees to be preserved according to appropriate tree protection techniques. The "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the State of Florida, Department of Agriculture and Consumer Service (recent edition), shall be the standard for determining the appropriateness of proposed techniques. Also during construction, no attachments or wire other than protective guy wires shall be attached to any of said trees. Trees designated for protection during construction that do not survive will be replaced by the owner of the property with a tree of equal size or an equivalent number of trees based on trunk diameter. A tree protection plan may be required.

(4)

Native communities. For properties of one (1) acre or more that include native communities, such communities must be preserved to the extent that at least twenty-five (25) percent of the required open space must be in the form of preserved natural communities. Properties that have less than twenty-five (25) percent of open space in native communities shall preserve the existing communities to the greatest extent possible or may be reestablished elsewhere on the site.

(5)

Native species required. A minimum of seventy-five (75) percent of all required trees must be South Florida native and seventy-five (75) percent of all other required vegetation must be South Florida native.

(6)

Site specific planting materials. Trees and other vegetation used in the landscape design should be appropriate to the conditions in which they are planted, to the greatest extent, they shall be:

a.

Salt tolerant relative to the area in which they are planted;

b.

Able to withstand reduced water conditions if planted in sandy soils;

c.

Able to withstand wet conditions when planted around retention/detention ponds or in swales;

d.

Able to withstand the prevailing winds relative to the area in which they are planted.

(k)

Landscape design standards. The following are the minimum standards for the design and installation of all landscaping within the City of Lake Worth Beach:

(1)

Design:

a.

Florida Friendly Landscaping Principles™ must be utilized in all designs and installations. Florida-Friendly Landscaping Principles™ include planting the right tree 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.

b.

Design shall consider the size and shape of the lot, the orientation and site location relative to the building envelope, soil type, topography, and intended use of area site specific planting to minimize irrigation waste.

c.

Soil analysis and appropriate amendments are encouraged to provide better absorption of water and to provide beneficial plant nutrients.

d.

Plans shall include irrigation systems which permit turf and other less drought tolerant plantings to be watered separately from more drought tolerant plantings, consideration of low volume drip, spray or bubbler emitters for trees, shrubs and ground covers in accordance with subsection (l) "Irrigation Requirements" below.

e.

Reduce turf areas and utilize less water demanding materials such as low water demand shrubs and living ground covers in conjunction with organic mulches.

f.

Utilize drought tolerant plant materials and group together plants with similar water requirements.

g.

Mulch, where utilized, shall be applied at a three-inch depth to increase moisture retention, reduce weed growth and erosion and increase the organic content of soil upon degradation.

h.

Maintenance of landscape shall be provided in order to preserve the landscape and conserve water.

(2)

Installation. All landscaping shall be installed in a sound, workmanlike manner and according to sound horticultural and planting procedures with the quality of plant materials herein described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and Code requirements.

(3)

Quality. All plants and trees shall be Florida Grade #1 or better as defined in the Florida Department of Agriculture Division of Plant Industry, Grades and Standards for Nursery Plants (recent edition).

(4)

Trees. If minimum landscaping requirements (defined in subsection c) are not already met, then newly planted tree species shall meet the following:

a.

Small maturing trees shall have a minimum height of six (6) feet at the time of planting, and shall be spaced a minimum of fifteen (15) linear feet apart.

b.

Medium maturing trees shall have a minimum height of eight (8) feet at the time of planting, and be spaced a minimum of twenty (20) linear feet apart.

c.

Large maturing trees shall have a minimum height of ten (10) feet at time of planting, and be spaced a minimum of twenty-five (25) linear feet apart.

(5)

Tree selection adjacent to or within utility easements. Required perimeter landscape buffers often coincide with utility easements. Careful selection of tree species is essential to minimize conflicts as trees mature. Trees planted subsequent to the effective date of this ordinance shall meet the following criteria.

a.

The ultimate mature height and width of a tree to be planted should not exceed the available overhead growing space. Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Light Company's "Plant the Right Tree in the Right Place" which provides recommendations for tree selections.

b.

Root barriers shall be used for all plantings that are within five (5) feet of a utility easement or any other underground utility.

c.

Trees shall have non-invasive growth habits which will not interfere with adjacent above/underground utilities.

(6)

[Minimum number of trees.] Where a certain minimum number of trees are required to be provided in compliance with this section, the following minimum number of species shall also be provided:

(7)

Palms. Palms shall contribute no more than twenty (20) percent of the required trees. Palms considered susceptible to lethal yellowing shall not be used to fulfill this requirement. Three (3) Coconut, Sabal, or Royal Palms will equal one (1) shade tree and must be a minimum of twelve (12) feet in height with six (6) feet of grey wood at time of planting. The use of native palms is encouraged.

(8)

Hedges. Hedges shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after planting. Hedges must be allowed to attain height of thirty-six (36) inches except where providing adequate and safe sight distance requires them to be maintained at a thirty-inch height.

(9)

Turf/grass. A major portion of water demand used for landscape purposes is used to irrigate lawn areas; therefore, it is recommended that turf/grass areas outside of gathering or recreational areas be:

a.

Converted to natural plant communities; or

b.

Planted as redeveloped native areas; or

c.

Planted in traditional mixes of native and/or South Florida living ground covers.

1.

For commercial, industrial and multi-family developments, no more than fifty (50) percent of the combination of the required interior greenspace and the required perimeter landscape buffers, shall be planted in lawn grass. The balance shall be planted in a mix of shrubs and ground covers.

2.

For the development of single family and duplex residences, no more than sixty (60) percent of the pervious lot area shall be planted in lawn grass. A minimum of twenty (20) percent of the pervious lot area shall be planted in shrubs and ground covers.

3.

When used, lawn grass shall be clean and reasonably free of weeds and noxious pests or diseases. When grass areas are to be seeded, sprigged or plugged, specifications must be submitted to and approved by the city. One hundred (100) percent coverage must be achieved within ninety (90) days.

d.

Management of turf/grass areas should follow the methods outlined in the Guide to Florida Friendly Landscaping Principles™ (recent edition).

(10)

Ground covers. Living ground covers and native grasses used in lieu of turf or sod, in whole or part, shall be planted at such spacing to present a finished appearance and reasonably complete coverage within six (6) months based on the expected mature spread. Ground covers that have an expected mature spread of twenty-four (24) inches or less must be planted twelve (12) inches apart. If the expected mature spread is greater than twenty-four (24) inches the groundcovers must be planted eighteen (18) inches apart. Groundcovers shall not be planted in straight rows; the planting must be staggered to ensure even coverage. All ground cover areas must be kept free from weeds.

(11)

Vines. Trellised vines shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified. Use of native vines is encouraged.

(12)

Organic mulches. Organic mulches shall be used in combination with living plants as part of a landscape design as provided in this section. However, organic mulches shall not, by themselves, constitute landscaping and shall not be used as a substitute for turf in the front yard of single-family, duplex or triplex residential lots No more than fifty (50) percent of a front or side street setback or yard may be comprised of mulch independent of living plant materials. All planting areas shall incorporate the use of organic mulch and it shall be applied to a minimum depth of three (3) inches. A layer of organic mulch shall be required in all plant beds and around individual trees in turf grass areas, but pulled away from direct contact with stems and trunks to avoid rotting. The use of cypress mulch is discouraged.

(13)

Inorganic mulches. Inorganic mulches such as gravel, river rock, shell, Chattahoochee pebbles or similar material shall be treated as a semi-pervious surface. The quantity of inorganic mulch to be incorporated into a project shall be limited by the maximum percentage of impervious surface for the subject property within the applicable zoning district. Rubber products such as crumb rubber or chipped tires are prohibited except for stabilized applications installed to achieve or maintain ADA compliance.

(14)

Vegetable and fruit gardens. Vegetable and fruit gardens are allowed so long as the minimum landscape requirements for the site are met.

(l)

Irrigation requirements. All landscaped areas shall be provided with a fully automated sprinkler system that will provide complete coverage of all plant materials and grass to be maintained. All systems shall be designed to allow for head-to-head coverage (one hundred (100) percent coverage). Low-volume irrigation systems, such as drip or micro-irrigation systems, are strongly encouraged.

(1)

Watering restrictions. The Landscape Irrigation Restrictions set forth by the South Florida Water Management District (SFWMD), as amended, are hereby adopted and incorporated as if set forth.

(2)

Irrigation of existing plant communities. Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form.

(3)

Reestablished native plant areas. Native plant areas that are supplements to an existing plant community or newly installed by the developer may initially require additional water to become established. The water required during the establishment period shall be applied from a temporary irrigation system, a water truck or by hand watering from a standard hose bib source.

(4)

Irrigation design standards and practices. The following standards shall be considered the minimum requirements for landscape irrigation design.

a.

All landscaped areas shall be provided with a fully automated sprinkler system that will provide complete coverage of all plant materials and grass to be maintained. The use of recycled water is encouraged.

b.

All new installations of landscape irrigation systems and substantial modifications of existing irrigation systems which use well water, excluding single family residences, shall install, operate and maintain rust inhibitor equipment to prevent staining of structures and pavements.

c.

Wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas.

d.

Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from low water requirement areas.

e.

Sprinkler heads shall be installed and maintained so as to minimize spray upon any public access, sidewalk, street or other non-pervious area.

f.

The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system.

g.

The use of low volume or drip systems is encouraged.

h.

All new installations of landscape irrigation systems, and modifications of existing irrigation systems, shall be equipped with a rain sensing device which will override the irrigation cycle of the system when adequate rainfall has occurred. Further, these rain sensing devices must be operated and maintained for the life of the irrigation system.

i.

The use of pop-up sprinkler heads is required in the swale area between the property line and the edge of pavement of the adjacent right-of-way to minimize pedestrian hazard.

j.

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.

k.

Plants shall be grouped together by irrigation demand.

l.

The percentage of landscaped area in irrigated high water use hydrozones should be minimized. Landscape plans shall depict the different hydrozones and irrigate according to demand.

m.

All irrigation systems shall meet current Best Management Practices as established by the most current version of the Florida Green Industries Best Management Practices Handbook, including the uniform distribution of water throughout all zones.

n.

Irrigation plan shall meet the following requirements:

1.

Scale of drawing shall be consistent with Site and Landscape Plans.

2.

Show location of existing and proposed buildings, paving, and site improvements.

3.

Show locations of Water Meter, Point of Connection (POC), Backflow Preventer, Controller, Pump, Zone Valves, Rain shutoff device, Rust-inhibiting device (if applicable), Main and Lateral Lines, Sprinkler Heads and Sleeves.

o.

An irrigation legend shall be shown on irrigation plan. The irrigation legend will have the following elements: Separate symbols for all irrigation equipment with different spray patterns and precipitation rates and pressure compensating devices; general description of equipment; manufacturer's name and model number for all specified equipment; recommended operating pressure per nozzle and bubbler and low-flow emitter; manufacturer's recommended overhead and bubbler irrigation nozzle rating in gallons per minute or gallons per hour for low flow point applicators; minimum (no less than seventy-five (75) percent of maximum spray radius) and maximum spray radius per nozzle; and manufacturer's rated precipitation rate per nozzle at specified per square inch.

(5)

Exceptions.

a.

Irrigation of existing plant communities. Existing plant communities and ecosystems, maintained in a natural state, do not require and may not need any additional irrigation water added in any form.

b.

Newly established native plant areas. Native and South Florida climatized plant areas that are supplements to an existing plant community or newly installed by a developer or homeowner may initially require additional water to become established. The water required during the establishment period shall be applied from a temporary irrigation system, a water truck or by hand watering from a standard hose bib source.

c.

Single-family residential and owner-occupied duplexes. Single-family residential and owner-occupied duplexes are not required to install irrigation systems but are recommended to implement alternative watering methods (i.e., hand watering, mobile sprinkler systems, rain barrels, cisterns, etc.) that achieve the desired intent of the landscape design standards. Drought tolerant planting is highly recommended. Site plans and landscaping plans shall be submitted to the City for review and approval.

(m)

Tree preservation.

(1)

Vision. Trees provide communities with many environmental, social and economic benefits. They filter pollutants, provide shade and homes for animals, create desirable living and working places, increase property values, attract businesses and visitors, and help control storm water runoff and soil erosion and decrease cooling costs.

(2)

Intent. It is the intent of the city commission to regulate the removal, relocation, and replacement of trees and to prevent the abuse of the trees within the city limits to ensure the adequacy and improvement of the city tree canopy.

(3)

Objectives. The city commission finds that the health, safety and welfare of its citizens can best be protected by land use regulations that support and enforce the following objectives:

a.

Reducing air, noise, heat and chemical pollution through the biological filtering capabilities of trees.

b.

Promoting energy conservation through the creation of the tree shade.

c.

Maximizing permeable land areas essential to surface water management and aquifer recharge.

d.

Preserving existing mature growth trees and natural environment areas.

e.

Striving for zero loss of trees within the city and increase tree numbers at every opportunity.

f.

Striving for all single-family residences to have more planted trees.

g.

Promoting more shade trees lining city streets.

(4)

Measurements. Tree measurements shall be made by utilizing a Biltmore Stick or a diameter tape.

a.

The diameter of a tree having multiple trunks four and one-half (4½) feet above the ground shall be the sum of:

1.

One hundred (100) percent of the diameter of the largest trunk; and

2.

Sixty (60) percent of the diameter of each additional trunk.

b.

The location of a tree on a lot shall be measured at the point at which the trunk of the tree meets the ground.

(5)

Tree removal, relocation, replacement.

a.

Unless the appropriate permit has been issued or an exemption in accordance with section 23.6-1(m)(6) applies, no person shall cause the removal, relocation or replacement of any protected tree in the city either on private or public property.

b.

Any person wishing to remove, relocate, or replace a protected tree shall file an application for a tree removal permit with the city. The property owner must sign the application or a notarized letter from the property owner must be submitted with the application designating an authorized agent. The following information shall be included:

1.

Name and address of property owner.

2.

Legal description of the property.

3.

Reason for requested action.

4.

A scaled site plan illustrating:

i.

Location of all trees with their species, size and drip line location.

ii.

Location of existing and proposed structures or other planned improvements.

iii.

Indication of trees to be removed, relocated, or replaced.

iv.

Any grade changes that might affect or endanger the trees.

v.

Tree protection plan for existing or remaining trees, if applicable.

c.

For established residences or established places of business, the scaled site plan can be a simple sketch so long as all the required information is included and easily understood. This application is independent from and not associated with any other improvements.

d.

For a site with proposed residential, commercial or other developments, including expansions of existing improvements on previously platted or subdivided sites, the permit application shall be filed with the application for a building permit. The application for a tree removal permit shall include a tree survey by an arborist and be reviewed in conjunction with the building permit application.

e.

For new development on sites proposed for platting or on sites requiring site plan review in accordance with these land development regulations, the permit application, including a tree survey by an arborist, shall be filed along with the application for preliminary plat approval, or preliminary site plan approval, or amendments and additions to approved site plans.

f.

The application for a permit to remove, relocate or replace a tree shall be field checked by city staff. City staff shall inspect the physical site and gauge the effects of the planned tree removal, replanting or retention on the local environment and other natural features, and on economic values both within the site boundaries and surrounding area. Based on the evaluation by the city horticulturist, considering the factors enumerated hereinafter and gauging the effect of the application upon these factors, a permit shall be granted or denied.

(6)

Exemptions.

a.

Licensed plant and/or tree nurseries shall be exempt from the terms of the code, only in relation to those trees planted and growing for sale in the ordinary course of said licensee's business.

b.

Utilities and their agents shall be exempt from the terms of this code provided that they comply with the following conditions:

1.

They shall not prune or remove trees other than for the purpose of removing hazards to public safety or to the provision of uninterrupted service.

2.

They shall prune according to nationally accepted NAA (National Arborists Association) standards for utility line clearing; unbalanced trees are not acceptable.

3.

For regular maintenance, the affected occupant shall be notified via U.S. mail by the utility at least ten (10) days prior to the beginning of pruning.

4.

In an urgent situation, which does not present an imminent threat to the public health, safety, welfare, or immediate interruption of service, the affected occupant shall be given at least forty-eight (48) hours written notice via a door hanger prior to the beginning of pruning.

c.

Trees that must be removed in cases of emergencies that are confirmed by the city horticulturist or designee to be dead, damaged by disease, fire, windstorm, lightning, or other acts of nature or by accident, which pose imminent danger to life or property.

d.

Trees of less than three (3) inches DBH.

e.

On city lands, rights-of-way and easements, the city shall have the right to plant, prune, maintain and remove trees as may be necessary to ensure public safety or preserve and enhance the beauty of public grounds. The city shall not have to obtain a tree removal permit to remove such trees.

(7)

Guidelines for granting and denial.

a.

Granted. A permit to remove a tree shall be granted based on the following standards:

1.

The tree, or trees, are located in an area where a structure or improvement will be placed in accordance with other development provisions in the City Code of Ordinances, and retention of the trees is such that no reasonable economic use can be made of the property without removal of the trees, and the tree, or trees, cannot be relocated on or off the property because of age, type or size of tree.

2.

Deprivation of reasonable use. Strict application of the requirement would effectively deprive the owner of reasonable use of the land due to its unusual size, shape, topography, natural conditions, or location, provided that:

i.

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case; and

ii.

The unusual conditions involved are not the result of actions of the developer or property owner which occurred after the effective date of the ordinance from which this section derives.

3.

The tree is diseased, injured, in danger of falling or is endangering existing structures, utility services or creates unsafe vision clearance.

4.

It is found to be in the interest of the general public's health, safety, and welfare that the tree or trees be removed.

5.

The tree is not one that is designated as a historic, specimen, or champion tree.

6.

The tree is not providing habitat to legislatively designated endangered or protected bird or animal species.

7.

Proper horticultural practices requiring the removal or thinning of the tree population to assure health of remaining trees.

b.

Denial. The city horticulturist or his designee, upon the determination that an application for a permit to remove a tree is to be denied, shall state the basis for such denial specifically and shall notify the applicant, in writing, of the criteria upon which such denial is predicated.

c.

Relocation or replacement.

1.

When the city horticulturist finds that a requested removal of a tree or trees is warranted, the horticulturist shall, as a condition to approving the application, require the applicant to relocate or replace the trees to be removed within thirty (30) days.

2.

The total DBH of all trees with a condition rating of fifty (50) percent or greater removed shall be replaced with the equivalent number of DBH inches of replacement trees, installed at a minimum size as required by section 23.6-1(k)(4).

3.

Removed palms with a condition rating of fifty (50) percent or greater shall be replaced with one (1) palm of equal overall height or a replacement palm of sixteen (16) feet overall height, whichever is greater. The caliper of minimum required tree sizes in section 23.6-1(k)(4) may be increased so the added caliper inches can contribute to the total required for mitigation. Mitigation trees may not be substituted by palms.

4.

Trees and palms with a condition rating less than fifty (50) percent are exempt from DBH inch-for-inch replacement, but are required to be mitigated on a tree-for-tree or palm-for-palm basis.

5.

Where a tree has died due to natural causes, including but not limited to disease, lethal yellowing, accidents, freezing, lightning or storms, or if the tree is of a prohibited species, there shall be no permit fee, even though permitting, inspection, and replacement requirements shall be met.

6.

Replacement of a tree eighteen (18) DBH inches or more shall require replacement trees to be at least six (6) DBH inches.

7.

Where the property cannot accommodate tree replacement on a DBH/caliper inch-per-inch basis, an in-lieu of fee shall be deposited into the Tree Canopy Restoration Fund for those trees with a condition rating of fifty (50) percent or greater. The in-lieu fee is calculated per DBH inch for each tree that cannot be mitigated by replacement. The in-lieu fee shall be calculated on an escalating scale:

(8)

Tree protection during construction.

a.

Throughout all activities associated with the construction, the owner, utility companies, and all contractors shall be responsible for erecting protective barriers around all tree drip lines and not be removed. The barricading shall be subject to review by city horticulturist.

b.

The city may require a performance bond in addition to the protective barrier for historic, specimen, or champion trees, or as designated by the city horticulturist in order to guarantee protection of a tree(s) or to ensure restoration of the replacement or transplanted tree(s). The amount of said bond shall equal the value of the tree(s) specifically covered. The said bond is to remain in effect until sixty (60) days subsequent to the completion of the construction activities.

c.

It shall be unlawful for any person in the construction of any structures or other improvements to place any material, machinery, or soil deposits which may cause damage to the root system within the dripline of any protected tree(s) as defined herein, or within the protected root system of a historic, specimen, or champion tree.

d.

If a tree is damaged during construction and deemed unsalvageable by the city horticulturist, replacement is required.

e.

Fences and walls. The root systems of existing trees shall be preserved when installing fences and walls. Post holes and trenches located close to trees shall be dug and adjusted as necessary to avoid damage to major roots. Continuous footers for masonry walls shall be ended at the point where larger roots are encountered and roots shall be bridged.

f.

Tree cutting standards. All major and minor maintenance of trees shall be performed following pruning standards set by the National Arborist Association Pruning Standards for shade trees and the American National Standards for Tree Care Operations. ANSI A300 (Part 1) (recent edition).

g.

Failure to comply. Any owner, tenant, contractor, or agent thereof who fails to provide tree protection as stated herein shall be guilty of tree abuse and subject to penalties as established in subsection p) of this section.

(9)

Tree abuse, trimming.

a.

Tree abuse is prohibited. Abused trees shall not be counted toward fulfilling tree replacement or preservation requirements. The city may require the abused trees to be replaced. A tree shall be considered abused if one (1) or more of the following actions have taken place:

1.

Significant damage has been inflicted upon any part of a tree, including the root system by machinery, storage of materials, soil compaction, excavation, vehicle accidents, chemical application or change to the natural grade.

2.

Damage inflicted to or cutting upon a tree that permits infection or pest infestation.

3.

Cutting upon any tree that permanently reduces the function of the tree or causes it to go into shock.

4.

Cutting upon a tree that destroys its natural shape.

5.

Hatracking, topping, or heading.

6.

Removal of bark which is detrimental to the tree.

7.

Tears and splitting of limb ends or peeling and stripping of bark.

8.

Use of climbing spikes, or cutting into the tree for the purposes of climbing on any species of tree for any purpose.

9.

Girdling a tree with the use of wires (e.g., use of weedeater, mower damage).

10.

Failure to comply with subsection (m)(9).

11.

Severe neglect of tree nutrition or adequate irrigation necessary for continued growth.

12.

Heading.

b.

Additional provisions. It shall be unlawful and shall constitute abuse for tree(s) on public or private lands to be trimmed in any manner other than as described by the National Arborist Association Inc.

c.

Exemptions. Non-native trees that are cultivated or grown for the specific purpose of producing edible fruit, including but not limited to Mango, Avocado, or citrus may be pruned in a manner to control their size and shape, promote flower and fruit production, maintain fruit production in the lower portion of the canopy, remove unhealthy portions of the tree, and/or reduce the likelihood of failure.

(10)

Historic, specimen, champion trees.

a.

A historic, specimen or champion tree is hereby deemed as irreplaceable by the city due to its size, age, and its historic, aesthetic or cultural significance. A historic, specimen or champion tree may not be removed unless approved by the city commission. The city commission shall approve an application to remove a historic, specimen, or champion tree that is determined by the city horticulturist to be hazardous pursuant to the following procedure:

The city horticulturist shall determine whether the historic, specimen, or champion tree is hazardous in accordance with subsection e) and sections 15-31 and 15-32 of the Lake Worth Beach Code of Ordinances after a physical inspection of both the tree and the parcel on which the tree is located. The physical inspection and written determination as to whether the tree is hazardous shall be made by the city horticulturist and shall not be delegated to any other city staff person.

b.

Nomination of historic, specimen and champion trees. Any citizen, property owner or official of the city may nominate a tree to be designated as a historic, specimen and/or champion tree. The city tree board shall review the nomination, notify the owner of the land upon which the tree is located, and hear any objections thereto: thereafter it will make a recommendation to the city commission as to the proposed designation. The city commission shall review the recommendation and hold a public hearing, and within thirty (30) days render a decision on the designation. Within thirty (30) days after the designation of historic, specimen or champion tree, the city horticulturist shall notify the owner of the official action and documentation included in property file.

c.

Identification of historic, specimen and champion trees and official record. The city shall ensure that every designated historic, specimen and champion tree is permanently marked identifying it as such and advising that penalty for unauthorized removal is a fine. Failure of the city to mark such tree shall not adversely impact the city in enforcing the provisions of this article. The city clerk shall maintain an official record of each tree designated as a historic, specimen and champion tree.

d.

No person shall cut, carve or injure the bark, limbs, branches or root system, or mutilate a historic, specimen or champion tree in any way, nor shall any person pile debris or material of any kind, within the protected root system of a historic, specimen, or champion tree, or attach any rope, wire or other contrivance thereto, whether permanent or temporary in character or in use. Any person who violates this chapter shall forfeit and pay to the city damages to be determined by the special magistrate. The city horticulturist may make recommendations to the special magistrate concerning the amount of the damages, but the special magistrate is not obligated to accept the recommendations.

(12)

Tree canopy restoration fund. Funds collected in lieu of replacement are established as follows and must be submitted prior to issuance of the permit or site plan certification, whichever occurs first. The replacement value set by the city horticulturist shall be based on the average cost of the purchase, installation and maintenance for one (1) year of an equivalent number of replacement trees.

If the exact DBH or largest trunk measurement cannot be determined, the replacement value shall be determined based on the city horticulturist's estimate of the removed or damaged tree or trees. In the event that an insufficient trunk of the removed tree exists to determine replacement requirements, including the size and number of required replacement trees, these facts shall be determined by the city horticulturist based upon any available information, including photographs or a survey of trees of the same species existing within the city. Any decision by the city horticulturalist may be appealed to the tree board.

(n)

Enforcement. The city shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any street, alley, sidewalk or other public place in the city.

(o)

Violations. Unless stated otherwise in these landscape regulations, any person who violates any provision of this Code shall be subject to the code enforcement procedures set forth in Chapter 2, Article X of the Code of Ordinances and subsection m), tree preservation.

(p)

Penalties for tree abuse and removal without a permit.

(1)

Any person who violates this section shall pay to the city within days the base rate penalty. Penalties are levied in addition to replacement, inch for inch, with trees on site to meet the minimum requirements if the city horticulturist deems the tree unsalvageable. Penalties shall be paid into the Tree Canopy Restoration Fund. If the replacement tree cannot be located on site, the full cost of replacing the tree (specified in subsection p) shall also be paid into the Tree Canopy Restoration Fund.

(2)

If a historic, specimen or champion tree is removed the fine shall be two thousand dollars ($2,000.00) per DBH inch.

(3)

If the city horticulturist deems the tree salvageable, the city horticulturist shall recommend an arborist be contracted for three (3) to five (5) years by the property owner for corrective pruning for violations under subsection m). A signed contract with an arborist must be submitted for approval to the city horticulturist within thirty (30) days or a fifty dollars ($50.00) per day fine will be imposed.

(4)

To enforce compliance with this chapter, Lake Worth Beach city officials may issue a cease and desist order or require that a building permit or certificate of occupancy be withheld.

(q)

Appeals. Anyone aggrieved by a decision regarding the landscape regulations may apply to the planning and zoning board or historic resources preservation board, as applicable, when the application of the regulations will cause undue hardship on an owner or when it is claimed that the true intent and meaning of a landscape regulation may have been misconstrued or wrongly interpreted. The appeal shall be made on a form provided by the department for community sustainability and the aggrieved party shall pay a filing fee as established from time to time by the city commission.

(Ord. No. 2013-51, § 4, 11-5-13: Ord. No. 2016-13, § 11(Exh. J), 5-17-16; Ord. No. 2019-04, § 3(Exh. B), 4-2-19; Ord. No. 2020-11, § 10(Exh. I), 8-18-20; Ord. No. 2020-15, § 7(Exh. F), 12-1-20)

(a)

General provisions. Any nonresidential or residential use with more than twenty-five (25) units that applies for site plan approval, building permit or occupational license in a wellfield zone of influence and intends to handle, store or produce a regulated substance as defined in the Palm Beach County Wellfield Protection Ordinance No. 88-7, shall obtain an operating permit or exemption certificate from the county department of environmental resources management prior to city approval of the development permit or license.

(b)

Detailed provisions. See Palm Beach County Ordinance No. 88-7 for the definition of regulated substance, the restrictions within zones 1 through 4, the permitting and appeals process, and description of exemptions. See Lake Worth Comprehensive Plan Future Land Use Map series for location of wellfields.

Editor's note— Ord. No. 2016-17, § 4, adopted May 17, 2016, deleted sec. 23.6-3 in its entirety. Former sec. 23.6-3 was entitled, "Floodplain Management". See art. 7 for similar provisions.

(a)

General provisions. Any development permit application which involves proposed alteration of "environmentally sensitive lands" as defined in Palm Beach County Ordinance No. 89-23 and shown as such on the "Inventory of Native Ecosystems in Palm Beach County" or the Lake Worth Comprehensive Plan map series shall require submittal of an application to the Palm Beach County Department of Environmental Resources Management.

(b)

Detailed provisions. See Palm Beach County Ordinance No. 89-23 for detailed provisions on exemptions, including single-family residential lots and vested development; review procedures and criteria for land alteration; and appeals.

(a)

General provisions. Any land alteration activity within the coastal protection zone or sand preservation zone as defined in Palm Beach County Ordinance No. 90-2 shall require a permit from the Palm Beach County Department of Environmental Resources Management.

(b)

Detailed provisions. See Palm Beach County Ordinance No. 90-2 for detailed provisions relative to permitting land alteration activities with the two (2) zones which extend twenty-five (25) feet landward of the crest of the dune or the coastal construction line, whichever is more landward, including permits, dune re-vegetation and filling, beach cleaning activity, exotic vegetation removal, criteria and guidelines, and appeals.

(a)

Intent. Site plan and subdivision review procedures shall assure no net loss of wetlands through preservation and mitigation within the wetlands protection zone.

b)

Boundaries. The boundaries of this zone shall be the most landward extent of the following:

1.

Areas within the dredge and fill jurisdiction of the Department of Environmental Regulation as authorized by F.S. Ch. 403.

2.

Areas within the jurisdiction of the U.S. Army Corps of Engineers as authorized by Section 404, Clean Water Act or Section 10, River and Harbor Act.

3.

Areas within the jurisdiction of the South Florida Water Management District pursuant to Florida Administrative Code.

a)

Intent. It is the intent of this section to provide standards and guidelines in order to promote the utilizing of energy efficient and sustainable building design and construction principles as a means of counteracting some of the negative impacts of development and enhancing the environment for the residents of the city. Such sustainable buildings are often referred to as "green" and meet certain standards set forth by either the Florida Green Building Coalition or the U.S. Green Building Council for LEED certification. The city is expected to participate in green building development for any city-owned construction project. Participation by private construction projects is voluntary.

b)

Incentives. Commercial and residential construction permit applications approved after August 6, 2013, are eligible for expedited building permit review at no additional charge if the structure(s) constructed is certified as a green building.

1.

Residential construction. Residential buildings that are certified as satisfying all the requirements of the current Green Homes Designation Standard of the Florida Green Building Coalition or receive certification under LEED of the USGBC shall qualify for expedited permit review and additional floor area or height as set out in these land development regulations.

2.

Commercial construction. Commercial buildings that obtain either LEED certification from the U.S. Green Building Council or certification from the Florida Green Building Coalition shall qualify for expedited permit review and additional floor area or height as set out in these land development regulations.