Landscaping and irrigation are vital parts of any development and shall be provided as part of the subdivision and site plan review processes. The objective of landscaping shall be to preserve and enhance the particular elements of each specific site. The landscape areas shall be located on the site in such manner as to maximize preservation of existing trees and natural areas. Linking adjacent sites with landscape corridors or natural area corridors will also be pursued to the extent possible in order to develop wildlife corridors throughout the City.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Tree Surveys: As part of the Preliminary Subdivision or Preliminary Site Plan process, each developer shall provide a tree survey overlay on their plans. The tree survey shall show all trees with a DBH of six (6) inches or greater. The plan sheet with the tree survey shall include a legend denoting the size of each tree (in DBH), the tree species, and whether it is proposed to be saved or destroyed. If the developer proposes to remove any existing trees with a DBH of six (6) inches or greater, the developer will need to follow the tree mitigation section of this article.

A)

Final Construction Plans are required to include signage, landscaping, irrigation, hardscaping, wall lighting, and any other entryway features. Landscaping and irrigation plans shall be drawn by a Florida registered landscape architect and be included in the overall Final Construction Plan set.

1)

Landscaping plans for subdivision and site plans shall be clearly readable, drawn to a reasonable scale, and include a list of tree and plant species to be used, together with their minimum size, location on the plans and the total number of each tree and plant in each location. The landscape plan shall also include a Notes section that indicates that the grades and standards for plant materials will be adhered to as stated in this article. The plan shall also include tree protection measures as outlined in this article.

2)

Irrigation plans for subdivision and site plans shall be clearly readable, drawn to a reasonable scale, show the entire site to be irrigated, including all improvements, and shall include, but not be limited to, the date, scale, revisions, legend, specifications which list all aspects of the equipment and assembly thereof, water source, water meter and/or point of connection, backflow prevention devices, pump station size, pump station location, design operation pressure and flow rate per zone, locations of pipe, controllers, valves, sprinklers, sleeves, and gate valves.

3)

New development will be required to provide sufficient landscaping and irrigation to meet the purpose and intent of this article. Stormwater retention areas shall not be credited toward meeting the open space requirement unless they are planted. All landscaped areas shall have a minimum variety of two (2) living plant materials other than trees. All planted areas shall be mulched with a three-inch depth of mulching material, unless a ground cover or sod is used. Landscape architects shall ensure that at least sixty (60) percent of the landscaping for each site is drought-tolerant or Florida Friendly.

A)

All existing street right-of-way areas and existing landscaping disturbed by construction shall be resodded or otherwise restored as approved by the Staff. In subdivisions or other development involving the creation of new streets, right-of-way areas shall, at a minimum, be sodded along the edge of curb or pavement with the remaining right-of-way area to be seeded and mulched. The minimum width of sod is to be sixteen (16) inches. Full sodding of rights-of-way may be required by the City Staff if erosion conditions warrant.

B)

Final acceptance of site improvements shall include the landscaping and irrigation improvements. Landscaping and irrigation will need to be completed and accepted in order to receive the Certificate of Completion for the development. All required landscaped areas must be irrigated unless a waiver is made in certain circumstances where areas are left natural.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Building permit applications will be required to include landscape and irrigation plans for individual single-family lots. Irrigation plans for single-family uses shall be submitted prior to construction of the irrigation system. The plans shall be clearly readable, drawn to a reasonable scale, show the entire site to be irrigated, and must include all improvements.

B)

Each single-family lot will be required to have one (1) canopy tree with a DBH at planting of at least three (3) inches and two (2) understory trees each with a DBH at planting of at least two (2) inches. Existing trees may be counted as meeting this requirement, as long as they are of sufficient size. One (1) of the trees on each single-family lot shall be planted in the front yard, no less than five (5) feet and no more than eight (8) feet from the sidewalk.

C)

At least fifty (50) percent of the landscaped area for each single-family lot shall be drought tolerant or Florida Friendly plants. Florida Friendly plants require a minimum of irrigation and shall be grouped together on the lot in order to reduce the irrigation requirement for those zones.

D)

The irrigated area of any single-family lot shall not exceed eight thousand (8,000) square feet.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Residential Buffers: A form of screening shall be provided to separate residential subdivisions from abutting arterial or collector streets. The intent of the screening is to reduce visual, light, and noise impacts and to prevent access directly from the lot to the arterial or collector street.

Within the Green Swamp, buffers shall consist of native, undisturbed vegetation.

For single-family subdivisions and multifamily site plans, a buffer is required where the property adjoins a roadway. The buffer shall be either:

1)

A landscaped berm with a total depth of at least twenty-five (25) feet and no steeper than 3H:1V. The berm shall be at least three (3) feet in height and the berm together with the landscaping, shall comprise a continuous screen of at least five and one-half (5½) feet at time of planting and six (6) feet within one (1) year of planting. For single-family subdivisions, these buffers shall be on common property and dedicated to the homeowners' association for ownership and maintenance responsibilities. For multifamily sites, the buffer will be either owned by the property owner, or in the event of multiple owners, a condominium association or other common entity will own and maintain the buffer.

2)

A landscaped wall buffer with a minimum depth of fifteen (15) feet. The wall shall maintain a height of six (6) feet from grade on highest side and all walls shall be brick or a combination of brick and other material such as wrought iron (or high quality wrought iron appearance), tile, or granite. Wall columns shall have a maximum spacing of thirty (30) feet on walls up to two hundred (200) feet in length and forty (40) feet on walls more than two hundred (200) feet in length. Wall columns may extend up to twelve (12) inches above the height of the wall or eighteen (18) inches above the height of a wall framing an identification sign. The landscaping shall include a canopy tree every one hundred (100) feet. The canopy trees shall be planted a minimum of five (5) feet from the wall and five (5) feet from the sidewalk. At least two (2) understory trees shall be planted every one hundred (100) feet, and no more than forty (40) feet of outer wall face may be left devoid of plantings of at least thirty (30) inches in height at time of planting. For single-family subdivisions, these buffers shall be on common property and dedicated to the homeowners' association for ownership and maintenance responsibilities. For multifamily sites, the buffer will be either owned by the property owner, or in the event of multiple owners, a condominium association or other common entity will own and maintain the buffer.

3)

For residential subdivisions or site plans, where a stormwater pond adjoins the roadway, the wall or berm may be replaced with fencing and accompanying landscaping.

4)

Buffers that include fences, walls, trees, bushes, and other appropriate vegetation will be required for subdivision perimeters to separate and buffer existing properties. These may not require irrigation as long as the trees and vegetations are maintained and replaced.

B)

Nonresidential Buffers: Landscaped buffer areas or landscaped wall areas intended to screen parking areas, dumpster pads, stormwater ponds, or other site features shall be designed to achieve a continuous minimum height of three (3) feet at time of planting. These buffers shall be a minimum of fifteen (15) feet in depth if they adjoin a street, and a minimum of ten (10) feet in depth if they adjoin another nonresidential parcel. Provisions for cross access easements between parcels under separate ownership shall be made when designing buffers. Berms shall be used in addition to plants to create an attractive screen.

The landscaped buffer shall contain at least one (1) canopy tree for each one hundred (100) linear feet and at least one (1) understory tree for each fifty (50) feet. In order to shade sidewalks, canopy trees shall be located no more than eight (8) feet and no less than five (5) feet from sidewalks.

Within the Green Swamp, buffers shall consist of native, undisturbed vegetation.

When a nonresidential use is proposed adjacent to residential property, the nonresidential property owner shall be required to provide a minimum of a fifteen-foot wide buffer. This buffer shall include a six-foot high panel fence or masonry wall, unless the two (2) uses are compatible and an alternate design solution is approved by the City as a buffer. Chain link fencing is prohibited. When considering this buffer, the City's objective will be to protect the residential area from noise, traffic, light, and other factors that may be associated with the nonresidential use. This buffer shall also have the same landscaping requirements as the walls screening residential developments from arterial and collector roadways. All canopy trees shall be planted within the buffer, no closer than five (5) feet from the wall. If nonresidential and residential properties are adjoining and owned by the same entity, buffer requirements between the two (2) uses will be determined during the development review process.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2016-01-542, § 5, 1-4-16; Ord. No. 2017-01-556, § 7, 3-20-17; Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

Hardscape elements shall be required in commercial and multi-family residential developments. Hardscape consists of the inanimate elements of landscaping. For instance, brick walls, concrete or brick plazas, water fountains, tile paths, wooden decks and arbors are all considered part of the hardscape. Street furnishings like benches, trash receptacles, large planters, decorative signage and lighting fixtures, and sculptures shall also be considered hardscape. Commercial and non-residential developments shall include hardscape elements that complement the building and landscaping.

The design of on-site walkways shall provide for safe and efficient pedestrian access from parking areas to buildings or public spaces. In areas where pedestrians must cross internal driveways to reach buildings, marked appropriately.

All hardscape shall be included in the Final Construction Plan documents. Wall details including footer typical sections and column details are required as part of the plans as well as detailed signage plans, including lighting for the signs.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Within residential areas, landscaped medians will be required as a traffic calming device. These medians shall be placed along straight expanses of streets that exceed six hundred (600) feet. Landscaped medians or round-a-bouts may also be required at intersections in residential neighborhoods as a traffic calming device. Entrance medians are also permitted and encouraged.

B)

Landscaped islands and medians within private streets or the public rights-of-way shall conform to the following:

1)

The minimum size of a landscaped island or median shall be eight (8) feet wide and seventy-five (75) feet long.

2)

All landscaped islands in residential subdivisions shall be curbed (FDOT Type I).

3)

All islands and medians with landscaping shall have irrigation.

4)

All landscaped islands shall have trees and low shrubbery or groundcover. In some cases, hardscaped islands may be permitted or a combination of landscape and hardscape.

A)

A minimum of one (1) landscaped island shall be provided for every ten (10) parking spaces.

1)

Each island shall contain at least one (1) canopy tree which is at least two (2) inches DBH at planting.

2)

Curbing shall be required around the perimeter of the island unless waived by the Staff based on the overall landscape and stormwater management plan.

3)

The size of the island shall be a minimum width of ten (10) feet and a minimum area of one hundred eight (180) square feet.

4)

Parking lot islands area required at all terminal ends of parking space rows, regardless of whether they have more than ten (10) parking spaces in that row.

5)

A waiver of the required ten (10) parking spaces without an island can be authorized by the Staff if an existing tree is preservable and in a planned row of parking. In no case shall there be more than fifteen (15) parking spaces without an island.

6)

All landscaped areas shall have a minimum variety of two (2) living plant materials other than trees.

7)

Main entries into parking areas shall have linear landscape islands along their length to define the traffic aisle and shall have no parking spaces accessing the drive directly. These islands shall be a minimum of ten (10) feet wide.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A minimum ten-foot wide landscaped area shall be provided along the sides of the building which abut a parking area or driveway serving a parking lot. Where a sidewalk is provided adjacent to a building, a minimum five-foot wide landscaped area shall be provided between the building and the sidewalk. These required landscaped areas shall, at a minimum, have a foundation planting of shrubs and groundcovers.

For buildings with covered walkways, landscaping shall be provided between the covered walking areas and the parking lot. The landscaped area shall be designed to fit the scale of the building, with no less than a five-foot wide landscaping area separating the building from the parking lot.

A)

Solid Waste Refuse Facilities. The three (3) sides of any dumpster enclosure shall be landscaped with hedges to form a three-foot high continuous hedge within one (1) year after planting.

B)

Utility Fixtures, Ventilation Equipment, Mechanical Equipment. Utility fixtures, ventilation equipment, and mechanical equipment shall be screened with fences, walls, plant materials, berms, or a combination of the above.

C)

Signs. Ground signs for nonresidential areas shall be landscaped at the base with a minimum of two (2) square feet of landscape material for every two (2) lineal feet of sign face.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Tree Size. Development of any kind where a tree is required must plant trees that are at least two (2) inches in diameter (DBH) at the time of planting.

B)

Tree Removal Process.

1)

Permit Required.

a)

Any person who proposes to cut down, move, remove, or destroy any tree, including those on single-family lots, shall first obtain a tree removal permit from the City. Requests for tree removal permits shall be made to the Building Department. Trees that are located on vacant, undeveloped land shall not be removed except as permitted through the development of the site.

b)

Any application for a tree removal permit shall include the following:

1.

Property owner's name and day time telephone number.

2.

Street address and directions to the site.

3.

Type and size of tree proposed to be removed.

4.

Purpose for the tree removal.

5.

General location of the tree on the site.

6.

How many trees remain on the lot or parcel.

c)

As part of the tree removal permit, mitigation may be required. When determining whether to permit the tree removal, the following issues will be evaluated:

1.

Whether the tree is a species that is exempt from tree protection measures.

2.

Whether the tree has hazardous branching structure such as a hollow trunk, low fork in the trunk, or other.

3.

Whether the tree is injured or diseased beyond repair.

4.

Whether there are no viable alternatives to locating structures or driveways on the site.

5.

Whether the tree is impacting the foundation of a house or other building or structure.

6.

Whether the tree poses a threat to traffic visibility.

7.

Whether the tree is negatively impacting a more desirable tree.

8.

Any other issue deemed important by the City.

d)

Any trees removed in violation of this Article shall be deemed to be violations of this Code and subject to all penalty provisions afforded the City.

e)

Trees on the Prohibited Landscaping List are exempt from the tree protection requirements.

C)

Tree Mitigation.

1)

All removed trees of a species included on the "Approved Landscaping List" or a species closely related to those listed on the "Approved Landscaping List" be replaced at a four (4) to one (1) ratio (removed to replaced) at the expense of the landowner or developer. All replacement trees shall be a minimum of two (2) inches DBH at the time of planting.

2)

All other trees removed shall be replaced at an eight (8) to one (1) ratio (removed to replaced), or, as an alternative, payment to the City's tree mitigation fund in the amount of fifty dollars ($50.00) per inch removed (or a combination of the two). All replacement trees shall be a minimum of two (2) inches DBH at the time of planting.

3)

Trees that exist on the site may be moved to another location on the site and those trees will not be considered as removed. However, if the trees that are moved from one (1) location to another are determined to be dead within six (6) months of their transplanting, the property owner or developer will need to replace them. For developers, transplanted trees will be required to be replaced as a condition of the final infrastructure acceptance, or as a condition of the two-year infrastructure maintenance bond. For all other property owners, replacement of trees will be a condition of Code enforcement.

4)

As part of the Final Construction Plan approval process, a tree mitigation plan will be developed to determine how the trees to be removed will be mitigated. The developer and the City shall agree on what percentage of the trees shall be replaced on-site and what percentage, if any, shall be paid to the mitigation fund in lieu of planting trees on-site. This tree mitigation plan will be part of the Final Construction Plan approval.

5)

Monies from the tree mitigation bank are to be used by the City for purchase, installation, or replacement of trees, landscaping, and irrigation systems in City parks, public rights-of-way, and public open spaces. These funds may not be used for maintenance purposes.

D)

Tree Farms. Trees located on property that is operated as a tree farm shall be exempt from tree replacement requirements upon proof of such operation and continued use of the land as a tree farm. If the landowner is requesting to remove the trees for development of the land, then the property is subject to tree mitigation measures. The City will consider the property's former use as a tree farm when approving the mitigation plan so as not to place an unfair burden on the property owner.

E)

Tree Protection.

1)

No application for a building permit, land clearing permit, site development permit, subdivision development permit, or grading and filling permit may be issued by the Building Official until the site inspector has visited the site and determined that the tree protection measures are in place in accordance with this Article and the approved site or subdivision plans.

2)

Before any clearing or grubbing permits are issued by the Building Department, the developer must schedule a walk through with the site inspector, to ensure that trees which are listed on the plans to be saved, have the required tree protection installed.

3)

During construction, to ensure the health and survival of protected trees that are not to be removed, the developer shall avoid the following types of tree injuries during all development activities:

a)

Mechanical injuries to roots, trunk, and branches.

b)

Injuries by chemical poisoning.

c)

Injuries by grade changes.

d)

Injuries by excavation.

e)

Injuries by paving.

4)

At a minimum, the protective measures described below shall be taken. The measures shall be planned and undertaken in consultation with the City and shall not be construed as limiting the authority of the City to impose additional requirements as may be necessary to preserve the health of trees in particular circumstances.

a)

Avoiding Mechanical Injuries.

1.

Prior to any land preparation or other development activities, a protective barrier easily visible to equipment operators shall be placed around all trees to be saved so as to encompass the entire tree protection zone.

2.

No attachment, wires (other than supportive wires), signs, or permits shall be fastened to any trees to be saved.

3.

No equipment, construction materials, or debris of any kind shall be placed within the protective barrier.

4.

Landscaping activities within the bounds of the protective barrier (before and after it is removed) shall be accomplished with light machinery or manual labor. Grubbing and similar activities are prohibited.

5.

Required protective barriers and perimeter lines shall remain in place until all construction activity, except landscaping within the protected area, is complete.

b)

Avoiding Injuries Due to Chemical Poisoning.

1.

No fuel, paint, solvent, oil, thinner, asphalt, cement, or any other construction chemical or other material or tools of any kind shall be stored, or allowed in any manner to enter, within a required protective barrier or perimeter line.

2.

No equipment shall be cleaned within a required protective barrier or perimeter line.

c)

Avoiding Injuries Due to Grade Changes.

1.

When raising the grade, the following measures shall be taken:

a.

Within the tree protection zone, existing sod/vegetation and leaf litter shall be removed and the soil loosened without injuring the roots.

b.

The area within the tree protection zone shall be properly fertilized to improve the vigor and growth of the roots.

c.

Porous, four-inch agriculture drain tiles shall be laid over the soil to drain liquids away from the trunk. A drop of at least one-eighth-inch per foot shall be provided. The drain field shall be designed to provide adequate drainage of the existing configuration of the trees.

d.

The number of drains shall depend upon soil material; lighter sandy soils and porous gravelly material require fewer drains than heavy nonporous soils.

e.

Aeration shall be provided by installing vertical tiles along the system. The vertical tiles shall be filled with gravel and capped with a heavy-duty mesh to keep out trash and debris.

f.

Dry wells shall be large enough to allow for maximum growth of the tree trunk. Most large shade trees require at least a 60-inch diameter well. For slow growing mature trees, a space of twelve (12) to eighteen (18) inches shall be provided between the trunk and the side of the well at every point.

g.

To prevent washing of material into the well, the dry well casing walls shall be high enough to bring the coping just above the level of the proposed fill.

h.

Dry well walls shall be constructed of materials that permit passage of air and water. Concrete blocks backed with galvanized screening may be used for the sides of the well.

i.

Grating or barriers shall be used around openings that are large enough to present a hazard to pedestrians.

j.

Open wells shall be cleaned regularly to remove sediment, leaves, and debris that might interfere with the free passage of air.

k.

Large stones shall be placed over the drainage tiles and a layer of smaller stones shall be placed over the remainder of the ground within the drip line.

l.

A layer of gravel shall be placed over the stones.

m.

The fill shall be completed with a layer of porous soil.

2.

When lowering the grade, the following measures shall be taken:

a.

Roots shall be cut cleanly and retrimmed after excavation.

b.

The canopy shall be pruned to aid in maintaining tree vigor.

c.

When lowering the grade of the soil surrounding a protective tree, the maximum number of tree roots within the tree protection zone shall be preserved by using any of the following methods:

i.

Terracing. The area within the tree protection zone is left at the original grade by terracing.

ii.

Retaining wall. The area within the tree protection zone is left at the original grade by constructing a dry retaining wall. The retaining wall shall be porous to allow for aeration.

iii.

Terracing and retaining wall. The area within the tree protection zone is left at the original grade by the combined use of terracing and dry retaining wall.

3.

Minor Changes in Grade. When the change in the grade is minor, as determined by the Staff Forester, lesser protective measures than those described above may be taken. The Staff Forester shall approve the use of these methods where their use will not endanger the health of the protected tree.

d)

Avoiding Injuries Due to Excavation.

1.

Water, sewer, and other utility lines should be routed around the tree protection zones of protected trees.

2.

If a line cannot reasonably be routed around the tree protection zone, the line shall be tunneled beneath the area within the zone. The tunnel shall be offset to one (1) side of the trunk to prevent damage to the main top roots.

e)

Avoiding Injury By Paving Within the Drip Line. Porous paving may be placed within the tree protection zone of a protected tree, so long as no damage is inflicted to the tree by grade change, compaction of the soil, or any other cause.

5)

Penalties.

a)

Violations of this Article shall constitute a misdemeanor enforceable in accordance with the provisions specified in Article 1-14 of this Code and Section 1.8 of the City Code or by an injunction or other legal or equitable relief in the circuit court against any person violating this Section, or by both civil injunctive and criminal relief.

b)

In addition, for any protective tree removed without a permit, a fine shall be assessed in an amount equal to one hundred dollars ($100.00) times the diameter at breast height of the removed specimen.

c)

Where trees have been removed or damaged in violation of this Section or permit requirements, remedial actions shall be required to restore the property. A restoration plan shall be submitted to the Building Department and the Staff Forester for approval and may require tree replacement at a ratio not to exceed four (4) to one (1).

d)

No Certificate of Occupancy shall be issued for any development until all applicable permit and restoration conditions have been met.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

All plant materials shall conform to the standards for Florida Number 1 or better as described in the current "Grades and Standards for Nursery Plants," State of Florida, Department of Agriculture.

1)

Trees, other than those required on single-family lots, shall meet the following minimums. Canopy trees shall have a single straight trunk to a minimum of four (4) feet, and a minimum DBH of four (4) inches and a minimum height of ten (10) feet at the time of planting. Understory trees may be single stemmed or multi-stemmed and shall have a minimum DBH of two (2) inches and a minimum height of eight (8) feet at time of planting. The DBH for multi-trunk trees will be calculated by the largest trunk.

2)

Shrubs and hedges shall be self-supporting, woody evergreen species normally grown in this area. All shrubs used in landscaping as screening shall be a minimum of thirty (30) inches in height at time of planting. All other shrubs shall be a minimum of eighteen (18) inches at time of planting. Hedges, where required, shall be planted and maintained to form a continuous, unbroken, solid visual screen within a maximum of one (1) year after time of planting.

3)

Ground covers include plant materials which normally reach a maximum height of no more than twelve (12) inches and may be used in lieu of grass. Ground covers must present and maintain a finished appearance and reasonably complete coverage within one (1) year after planting.

4)

Grass areas shall be planted in a species normally grown as permanent lawns in Central Florida. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

The owner, or subsequent owners, shall be responsible for the maintenance of all plant materials and hardscape materials as shown on the approved landscape plan. Plant materials shall be maintained in good condition so as to present a healthy, neat, and orderly appearance. Any dead or severely damaged plant materials shall be replaced by the owner or subsequent owners as part of routine maintenance.

Failure to maintain plant materials and hardscape materials as shown on the approved landscape plans shall result in Code Enforcement action. If the landscape plan is not on file with the City, the Staff shall make a determination of what had existed prior to the removal or destruction, based on empirical evidence, testimony of observers, photographs if available, and other available information.

Where replacement materials differ from the approved landscape plan, an amendment to the plan shall be submitted to the City for review and approval.

Irrigation systems shall be maintained in working condition at all times. Such systems may be inspected by the City and, if found to be defective, the property owner shall be given written notice and directed to repair the system within ten (10) working days' of the date of receipt of the notice. Failure to make such repair, or to submit a written interim proposal satisfactory to the City, shall result in Code Enforcement action.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

The City shall stop work in any area where the provisions of this section are not followed. In addition, for any protected tree removed without a permit, a fine shall be assessed in an amount equal to one hundred dollars ($100.00) times the diameter at breast height of the removed specimen.

Where trees have been removed or damaged in violation of this Section or permit requirements, remedial actions shall be required to restore the property. A restoration plan shall be submitted to the City for approval and may require tree replacement at a ratio not to exceed four (4) to one (1). No Certificate of Occupancy shall be issued for any development until all applicable permits, fines, and restoration conditions have been met.

The City Council shall, by resolution, establish or amend the "Approved Landscaping List" and "Prohibited Landscaping List" from time to time, as may be required.

(Ord. No. 2017-11-576, § 3(Exh. B), 11-14-17; Ord. No. 2018-09-589, § 3(Exh. B), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 3(Exh. B), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.