A.

Purpose and intent. The provisions of this section are intended to ensure that properties within the village meet minimum landscaping standards in order to:

1.

Improve and sustain the aesthetic appearance of the village through creative landscaping which helps to harmonize and enhance the natural and built environment.

2.

Promote water conservation by encouraging Florida-friendly landscape principles and utilization of water conserving irrigation practices.

3.

Provide a visual buffer between otherwise incompatible types of land uses and adjacent rights-of-ways.

4.

Encourage innovative and cost-effective approaches to the design, installation, and maintenance of landscaping.

B.

Landscape principles. The village promotes Florida-friendly landscaping as defined in F.S. § 373.185 and requires that installed landscapes be designed and maintained with full consideration of the following principles:

1.

Specify the right plant in the right place by selecting pest-resistant plants that match the sites soil, light, water, and climate conditions, with an aim for a diversity of trees, shrubs, groundcover, and flowers.

2.

Design for more efficient irrigation by grouping plants with similar watering needs together and zoning the irrigation system accordingly.

3.

Select sustainably harvested mulch for landscape beds and around tree trunks.

4.

Use proper maintenance practices, including fertilizing appropriately to prevent pollution and maximize plant health and spot-treating pests with selective spectrum pesticides.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Applicability. The provisions of this article shall apply to all existing and future development within the village as follows:

1.

New development. All new development.

2.

Existing development. All existing multifamily, mixed-use, commercial, and industrial development shall conform with the provisions of the article if requesting any of the following types of changes to existing development or to a previously approved development plan:

a.

Increase in the total square footage of any building by more than twenty (20) percent;

b.

Increase in the number of structures; or

c.

Increase in the building height of any building.

3.

Existing development along Northlake Boulevard. See section 45-83.

4.

Exceptions. This article does not apply to the construction, renovation, or replacement of single-family or two-family dwellings.

B.

Exemptions. All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions of this article, but only with respect to those trees planted and growing which are for sale to the general public in the ordinary course of the business. The landscaping required for buildings and parking lots shall be provided.

C.

Modifications. The Community Development Director may modify a locational requirement for required landscaping if necessary due to site constraints that were discovered after site plan and appearance approval or PUD approval; however, the amount of landscaping that is required may not be reduced.

D.

Compliance. Failure to install, maintain, or preserve landscaping required in accordance with the terms of this article shall constitute a violation of this article.

1.

Failure to comply. If the property fails to meet the requirements of this article, or if the existing trees, shrubbery, grass, or groundcover are permitted to die, and such materials are not replaced within thirty (30) days of the event, the code enforcement officer shall notify, in writing, the person responsible for the maintenance or replacement of such property of the need to comply with the requirements of this section within thirty (30) days from the date of delivery of the notice.

2.

Extensions. The thirty (30) day rule for compliance may be extended when necessary by the village to recover from acts of nature such as a hurricane or a drought.

3.

Temporary exemptions. Temporary exemptions from compliance of this section may be granted as per the village, if the violation is a direct result of a natural disaster occurrence or drought.

4.

Relocation or replacement for redevelopment. The site plan approved to remedy any violation of this article shall include landscaping and tree preservation, replacement or relocation to comply with all requirements herein, including the standards listed below.

a.

Existing trees shall be preserved in place to the best extent practical. Tree preservation shall include measures to protect existing trees from construction encroachment within their driplines.

b.

Trees that cannot be preserved in place shall be evaluated by a certified arborist for relocation. If the arborist's assessed condition rating of the tree is greater than 60%, the tree shall be relocated within the project limits or within Village of North Palm Beach public lands.

c.

Trees having a four (4) inch or greater caliper at diameter at breast height (DBH) that cannot be preserved in place or relocated shall be replaced by the sum of three (3) caliper inches to every one (1) inch lost and are of like or similar species. Replacement trees shall be a minimum of three (3) inches in caliper. For example, if an existing five (5)-inch caliper tree is removed from the subject property, fifteen (15)-inches in caliper are required for replacement. A combination of tree sizes may be utilized as long as no tree is less than three (3) inches in caliper.

d.

If the site cannot support the total number of required replacement trees as determined herein, the village may permit the owner to donate excess trees to the village for planting on public lands at the owner's expense.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

All existing development along Northlake Boulevard was required to conform with the new landscaping regulations by May 31, 2014. On any properties where this requirement has not been met, this requirement remains in effect until compliance has been achieved.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Minimum plant quality. Plant quality for all required landscaping shall be Florida No. 1 or better, as provided in Grades and Standards for Nursery Plants, Part 1 and Part 2, as amended, as published by the Florida Department of Agriculture and Consumer Services.

B.

Low-maintenance species. For required landscaping, 75 percent of trees and shrubs shall be selected from "Low-Maintenance Landscape Plants for South Florida" (latest edition published by the University of Florida IFAS Extension office). Low-maintenance plants have low fertilizer requirements, few pest and disease problems, and do not require frequent maintenance. Some low-maintenance species are identified in this publication as native species; certain landscaping requirements in this article include a minimum percentage of these native species.

C.

Installation.

1.

All landscaping shall be installed with sound workmanship and sound nursery practices in a manner that will encourage vigorous growth.

2.

A plant or tree's growth characteristics shall be considered before planting to prevent conflicts with views, lighting, utilities, or signage.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Artificial plants or vegetation may not be used to meet the landscaping requirements of this article.

B.

Prohibited plants shall not be planted within the village. The list of prohibited plant species shall include all species identified as Category 1 invasive species on "List of Invasive Plant Species" (latest edition published by the Florida Exotic Pest Plant Council), specifically including the following species: Casuarina spp. (Australian Pine), Schinus terebinthifolius (Brazilian Pepper), Supaniopsis anacardioides (Carrotwood), Acacia auriculiformis (Earleaf Acacia), Pueraria montana (Kudzu), Melaleuca quinquenervia (Melaleuca/Punk Tree/Pepper Tree), and Schefflera actinophylla (Umbrella Tree).

C.

All existing Category 1 invasive species shall be removed from existing development if the thresholds in section 45-82.A.2 are exceeded.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

Plans must be submitted that demonstrate compliance with Village landscaping requirements. These plans must be prepared by a landscape architect authorized by chapter 481, Florida Statutes, and must contain the following:

A.

Tree disposition plan, depicting:

1.

Existing trees, with a unique number assigned to each tree; and

2.

A tree survey table with the following information listed by tree number corresponding to the numbered existing trees on the plan view:

a.

Common and botanical species name;

b.

Diameter at breast height (DBH) for all trees three (3) inches DBH and greater;

c.

Clear trunk (CT) height for all palms greater than six (6) feet CT;

d.

Proposed tree disposition (remain/protect, relocate, or remove).

B.

Landscape plan, depicting:

1.

Existing plant material to remain;

2.

Existing trees and shrubs and site improvements on abutting properties within twenty-five (25) feet of the property lines. This information may be obtained from aerial photographs and approximate locations based on field observations;

3.

The location and outline of proposed buildings and site improvements including landscaping, paving, utilities, easements, and rights-of-way;

4.

Existing site improvements to remain including buildings, paving, utilities, easements, and rights-of-way;

5.

Proposed plant materials by botanical and common names and by installation size and spacing; and

6.

Signage locations, including monument signage and wall-mounted building signage.

C.

Irrigation plan, containing the following:

1.

Technical specifications for the irrigation system, as required by the Florida Building Code, Plumbing for preconstruction submittals;

2.

Water source (well/pump, canal/pump, reclaimed, potable, etc.) and/or water service connection location and backflow prevention device, as applicable; and

3.

Rain and/or moisture-sensing device(s), as required by Florida Statutes 373.62.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Required landscaped areas. The following areas are required to provide landscaping:

1.

Miscellaneous landscape elements, as required in section 45-88;

2.

Off-street parking lots, as required in section 45-89;

3.

Site perimeters, as required in section 45-90; and

4.

Base of foundation, as required by section 45-91.

B.

Natural form. New trees and shrubs should duplicate natural patterns with multiple plant sizes, spacing, plant clusters, and single plantings.

C.

Size and configuration of plants. All required landscaping shall meet the minimum standards of Table 45-87-A and as otherwise provided herein.

Table 45-87-A
Minimum Size and Configuration Standards

Notes:
Height measured from grade to average end of branches, not the tallest of one or two branches.
(2) ;hg;Height measured as clear trunk (CT) height: from the top of the root ball to the point where the lowest untrimmed leaf's petiole diverges from the trunk.
(3) ;hg;Palms not classified as specimen palms and planted in perimeter buffer areas shall be installed in groups of not less than three.
(4) ;hg;Specimen palms: Phoenix canariensis, sylvestris, reclinata, or dactylifera; Bismarkia nobilis; Roystonea spp.; Attelea spp.; and Cocos nucifera (Green Maypan or Green Malayan only).
(5) ;hg;Low-maintenance and native species are described in section 45-84.
(6) ;hg;Support shall be provided consistent with sound horticultural practices to encourage future growth.

D.

Landscape points to exceed minimum standards. In addition to meeting all other landscaping requirements, each development parcel must supplement the minimum standards by qualifying for additional landscape points. Points are awarded for landscape material and improvements that exceed the minimum standards, including exceeding the size and volume of required material.

1.

Parcels less than one (1) acre must exceed the minimum standards by fifty (50) points.

2.

Parcels between one (1) and two (2) acres must exceed the minimum standards by one hundred (100) points.

3.

Each additional acre or portion thereof requires fifty (50) additional points.

4.

Achieving the total points for an entire project does not exempt one from complying with all other requirements, even if that means exceeding the minimum required.

5.

If a redevelopment project is unable to meet the point system or open space requirements of this article, required landscape points may be acquired by placing equivalent landscaping on public lands, parks, road rights-of-way, or other similar public space, if acceptable to the village and the entity that manages the land, up to a maximum of fifty (50) percent reduction of required points.

Table 45-87-B Supplemental Landscape Points

Notes
 (1)Abused trees, as determined by the village, shall not count toward required points.
 * = Justification to be provided consistent with definition below.
 DBH= Diameter at Breast Height. (4-½ feet above grade)
< = Less Than.  > = Greater Than.

E.

Reserved.

F.

Reserved.

G.

Specimen trees and palms. Specimen trees and palms are either:

1.

Existing trees if in good health, over thirteen (13) inches at diameter at breast height (DBH), and not a Category 1 invasive species on the "List of Invasive Plant Species" (latest edition published by the Florida Exotic Pest Plant Council).

2.

A newly planted palm of a species listed in Table 45-87-A.

H.

Shade trees.

1.

Shade trees, at maturity, shall be of a species, which possess an average spread of at least twenty-five (25) feet and a clear trunk of at least six (6) feet.

2.

The village staff may approve the use of shade trees with a lesser mature canopy spread, provided that groupings of such species are utilized to achieve the average spread.

I.

Palm trees.

1.

Palms must attain a minimum twelve (12) feet in height at maturity.

2.

Palms must be resistant to lethal yellowing.

J.

Tree species mix. When more than fifteen (15) trees are required to be planted to meet the landscaping standards, a mix of species shall be provided according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. The minimum number of species to be planted is indicated in Table 45-87-C.

Table 45-87-C —- Required Species Mix

K.

Native trees. A minimum of fifty (50) percent of all trees used to satisfy the standards of this article shall be classified as native species (see section 45-84).

L.

Shrubs and hedges.

1.

At least fifty (50) percent of all required hedges and shrubs shall be classified as native species (see section 45-84).

2.

At the time of installation, required hedges and shrubs shall be a minimum of twenty-four (24) inches in height, or eighteen (18) inches in height for native species, spaced at a maximum of thirty-six (36) inches on center.

3.

Required hedges shall form a solid, continuous visual screen of at least three (3) feet in height within two (2) years of planting.

4.

Hedges used in combination with nonliving landscape barriers to meet the six (6) feet screen requirements in section 45-88 shall be installed at the height necessary to provide the total six (6) foot screen within (2) years of planting.

M.

Reserved.

N.

Ground treatment.

1.

The ground area within required landscaped areas which is not dedicated to trees or palms, or the preservation of existing or new vegetation, shall receive appropriate landscape treatment such as grass, groundcover, mulch, or shrubs and present a finished appearance upon planting.

2.

Sand, gravel, shellrock, or pavement shall not be considered appropriate landscape treatment.

3.

The following standards shall apply to the design of ground treatment.

a.

Plants. Live material used as ground cover shall provide a minimum of fifty (50) percent coverage immediately upon planting and one hundred (100) percent coverage within one (1) year.

b.

Mulch. Mulch shall be installed and maintained at a minimum depth of three (3) inches at all times in all planted areas not containing ground cover, except leaving two (2) inches of space around tree trunks to prevent rot.

i)

All mulch material shall be seed and weed-free to prevent tree sprouting and regrowth, and shall be sustainably harvested such as melaleuca, pine straw, or eucalyptus.

ii)

Mulch shall be temporarily applied to areas not immediately covered by groundcover.

iii)

Mulch will be thoroughly wet at the time of application to prevent wind displacement.

c.

Pebble and egg rock. Pebble or egg rock may be used in a limited amount as a ground treatment in areas where drainage is a problem.

d.

Lawn and turf grass. Grass areas shall be planted with species suitable as permanent lawns. Use of drought-tolerant groundcover instead of lawn and turf grass is encouraged.

O.

Flowers. Flower boxes and hanging pots should complement the overall architecture of the facade and not obscure architectural details. The boxes should be well constructed, and accommodate watering needs without allowing water to drip or leak onto the building or sidewalk.

P.

Reserved.

Q.

Landscape in easements.

1.

Landscaping may be permitted in easements with the written permission of the easement holder. Trees planted within any easement with overhead utilities shall be consistent with FP&L's suggested tree list "Plant the Right Tree in the Right Place," taking into consideration the mature height and spread of the species beneath or adjacent to existing overhead utilities.

2.

Easements may overlap a landscape buffer a maximum of five (5) feet provided that there remains a minimum of five (5) clear feet for planting, or if a wall with a continuous footer is used, a minimum of ten (10) clear feet for planting.

3.

The landscape buffer may be traversed by easements or access ways as necessary to comply with the standards of this section.

R.

Perimeter landscaping. Only access ways and easements shall be permitted as interruptions in perimeter landscaping and shall be included in the calculation of linear dimension. No structures or parking are to be located in this landscape area.

S.

Landscaping in public road right-of-way. Maintenance of landscaped rights-of-way shall be the responsibility of the project's property owner or, as agreed upon in the development order approving the project, by special districts created for unified maintenance.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Alternative landscape materials. A landscape plan may utilize one (1) or more materials not specifically authorized in this article and must be demonstrated to be consistent with the purposes and intent of this article.

B.

Screening required. Uses that shall be required to be screened from public view are identified in this section.

C.

Perimeter walls and fences.

1.

Perimeter walls, metal or wood fences, or other nonliving landscape materials may be used in conjunction with vegetation to meet required screening. The heights of walls and fences are limited by section 45-36.

2.

Approved walls or fences shall be set back from property lines adjoining streets sufficiently to include landscape on the street side of the wall or fence. Chain link fences shall have a green or black vinyl covering.

3.

Maintenance of the wall or fence and associated landscaping by the property owner is required.

D.

Storage and garbage collection sites. All outside storage and trash or garbage collection sites shall be completely screened from view, utilizing any approved combination of walls and fences (a minimum of six (6) feet in height) that will fully screen the area from view except for gates.

E.

Service areas.

1.

Service areas of nonresidential buildings, when visible from the street right-of-way or adjacent residential land use, shall have barriers and/or a hedge at a minimum of six (6) feet in height to screen the service area. A hedge that is planted meet this requirement must achieve this height within two (2) years of planting.

2.

Service areas may include interior or exterior work bays associated with full service gas stations, tire repair, auto repair business, as well as any business proposing loading or unloading docks.

F.

Backflow preventers. Backflow preventer systems shall be screened from public view, utilizing any combination of trees, palms, hedges, or other barriers.

G.

Reserved.

H.

Pavers and other impervious surfaces. The use of concrete, asphalt, impervious pavers, or similar material, excluding sidewalks, shall not exceed thirty (30) percent coverage of an open space area, and shall not be wider than twelve (12) feet if used in a required landscape buffer area. This limitation shall be increased to sixty (60) percent for pervious concrete, pervious asphalt, and pavers set on a pervious base.

I.

Landscape area around signs.

1.

A three (3) foot wide planting area shall be required around the base of all signs except signs that are mounted on buildings.

2.

One (1) shrub for each ten (10) square feet of sign surface area shall be installed within the three (3) foot planting area at the base of the sign.

3.

Ground/monument signs may be surrounded by ground cover instead of shrubs.

4.

Landscaping and trees which interfere with signage may be relocated to the rear of the sign planting area.

J.

Advertising. At no time shall a landscaped area be used for advertising display or sales. Temporary signs may not be placed in landscaped areas.

K.

Earth berms. Earth berms shall use long and gentle slopes and as non-living landscape barriers only when installed in conjunction with plant materials.

1.

Berms five (5) feet or less in height shall have a maximum slope of 2:1. Berms greater than five (5) feet in height shall not exceed a ratio of 3:1 in slope.

2.

Hedges used in combination with earth berms to meet the six (6) foot screen requirements in section 45-88 shall be installed at the height necessary to provide the total six (6) foot screen at time of planting.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Landscape buffer. A landscape buffer, at least five (5) feet in width, shall be provided along all sides of parking lots, excluding a side or sides that abut a building. This buffer strip shall be planted with shade trees at a maximum spacing of thirty (30) feet on center and with a continuous hedge that will be maintained at least three (3) feet high.

B.

Minimum spacing of shade trees.

1.

The minimum shade tree spacing for parking lots shall be such that the center of any parking space is not more than thirty (30) feet from the center of a shade tree.

C.

Landscape islands.

1.

Interior islands. An interior landscape island shall be required wherever nine (9) or more parking spaces are located in a row.

a.

Interior islands shall be spaced a maximum of ninety (90) feet apart.

b.

Interior islands shall measure at least fifteen (15) feet in length and eight (8) feet in width, measured from back of curb to back of curb.

c.

A minimum of one (1) shade tree shall be planted in each interior island, in addition to shrubs and mulch or ground cover.

2.

Terminal islands. Each row of parking spaces shall be terminated by landscape islands.

a.

Terminal islands shall measure at least fifteen (15) feet in length and eight (8) feet in width, measured from back of curb to back of curb.

b.

A minimum of one (1) shade tree shall be planted in each terminal island, in addition to shrubs and mulch or ground cover.

3.

Landscape diamonds. Landscape diamonds may be substituted for interior landscape islands for parcels less than one (1) acre, but not for terminal islands at the end of parking rows.

a.

On these small parcels, landscape diamonds may be distributed throughout the interior of an off-street parking lot to provide shading of parked motor vehicles as an alternative to interior landscape islands.

b.

Landscape diamonds shall be located only at the common intersection of four (4) parking spaces and spaced no greater than four (4) spaces apart.

c.

The ground within the diamond shall receive appropriate landscape treatment, including shrubs and mulch or groundcover.

d.

The minimum diamond size shall be twenty-five (25) square feet and the minimum dimension shall be five (5) feet by five (5) feet, not including curb treatment.

e.

A minimum of one (1) tree shall be planted in each diamond, in addition to shrubs and mulch or ground cover.

D.

Protection of landscape areas. All landscape areas shall be protected by curbs or wheel stops from vehicular encroachment and from the damages caused by vehicles overhanging into landscape areas.

1.

Landscaping. Landscaping shall be required to be at least twenty four (24) inches from the edge of the wheel stop or curbing.

2.

Curbing. All landscape areas subject to vehicular encroachment shall be separated from vehicular use areas by six (6) inch, non-mountable, FDOT-type 'D' or FDOT-type 'F', concrete or asphalt curbing. The curbing shall be machine-laid, formed-in-place or integral with the pavement. Curbing may be interrupted to accommodate drainage, paths, or sidewalks.

3.

Wheel stops.

a.

Wheel stops shall have a minimum height of four (4) above finished grade of the parking lot, shall be properly anchored, and continuously maintained in good condition.

b.

The space between the wheel stop and the end of the parking space may be paved as required by the building division for anchoring and maintenance purposes.

c.

Wheel stop anchor rods shall be set through the pavement and the bottom of the wheel stop must rest fully on the pavement to prevent rocking.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Minimum buffer width for site perimeters. A landscape buffer of the widths specified in Table 45-90 shall be provided around the perimeter of all parcels in the specified zoning districts.

Table 45-90 - Minimum Buffer Widths

NOTES:
¹  Only required in side yards that adjoin R-1 or R-2 districts
²  Does not apply to all building frontage types; along U.S. Highway 1, the front yard landscape buffer may not be placed on a sidewalk easement (see subsection 45-31.E.6)
³  Not required on parcels that adjoint the railroad right-of-way
⁴  Only required in side yards that adjoin less intense zoning districts (any residential district)

B.

Landscape requirements for site perimeters. Perimeter landscape buffers shall be installed where required by Table 45-90 in accordance with the following standards. Vegetation should be planted taking into consideration the mature height and spread of the species. Easements and access ways, which traverse required perimeter landscape buffers, shall be included in the calculation of linear dimension.

1.

Trees. Trees shall be planted in required perimeter landscape buffers at a maximum spacing of thirty (30) feet on center.

2.

Shrubs. A hedge shall be planted in required perimeter landscape buffers to form a continuous solid opaque visual screen of at least thirty-six (36) inches in height within two (2) years of planting.

3.

Palm Trees.

a.

Within the perimeter landscape buffer, a specimen palm or a group of three (3) palm trees may be substituted for one (1) required tree; however, not more than fifty (50) percent of the required trees may be replaced by palm trees.

4.

Slash pines.

a.

Slash pines planted in perimeter buffers shall be installed in groups of no less than three (3).

b.

Each group of slash pines shall average a minimum often (10) feet in height and may be counted as one (1) required tree.

5.

Tree and palm clustering.

a.

Trees and palms may be clustered in right-of-way buffers if the clusters are spaced a maximum of sixty (60) feet apart, and/or consist of trees of varied height, which when averaged, equal the minimum tree height requirements, and are located on property containing a minimum of three hundred (300) linear feet along the right-of-way.

6.

Walls and fences within right-of-way buffer.

a.

If a wall or fence is used, the required landscaping shall be located between the wall or fence and the right-of-way.

b.

Walls and fences shall not encroach upon easements, unless approved in writing by the easement holder.

c.

Wall or fences shall be setback a minimum often ten (10) feet from the edge of the ultimate right-of-way unless a wall with a continuous footer is used, then the wall shall be setback to provide a minimum of ten (10) clear feet for planting.

C.

Safe sight distance triangles. Safe sight distance triangles may be required in accordance with the County Design Manual, published by the Palm Beach County Department of Engineering and Public Works, to restrict placement of visual obstructions that might create a traffic hazard. Landscaping on state roads shall be installed in accordance with requirements of the State of Florida Department of Transportation.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20; Ord. No. 2023-06, § 5, 7-13-23)

A.

Location and width.

1.

There shall be foundation landscaping within five (5) feet of all buildings and structures.

a.

These landscape areas shall be provided along all four (4) facades of all structures, excluding rear service areas not visible by a public road right-of-way or not generally traveled by the public or visible from adjacent structures.

b.

The combined length of the required foundation planting shall be no less than forty (40) percent of the total length of the applicable side of the structure.

2.

This requirement shall not apply in the C-MU district in front of buildings that meet the standards for a gallery, storefront, or canopy building frontage type.

B.

Minimum standards.

1.

When required, foundation landscaping shall always extend along the portions of a facade that directly abut a street, a parking lot, and other vehicular use areas, excluding doorways.

2.

A minimum of one (1) tree shall be planted for each seventy-five (75) linear feet of building perimeter, using a species suitable for this location. The remainder of the landscape area shall be treated appropriately with plantings which may include shrubs, vines, flower boxes, ground cover, and mulch, and with pedestrian accessways.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20; Ord. No. 2023-06, § 5, 7-13-23)

A.

Minimum requirements. The land owner shall be responsible for the following:

1.

The maintenance of required landscape structures (e.g., walls, fences) in a structurally-sound condition.

2.

Tree maintenance, which shall be limited to periodic trimming to maintain healthy trees, removal of diseased limbs, or removal of limbs or foliage that present a hazard. All trees shall be allowed to grow to their natural mature height and a full canopy.

3.

Landscape buffers shall be maintained and preserved along the entire length of the property.

4.

All landscape areas, including any right-of-way landscaping between the property line and the adjacent street, shall be maintained on a regular basis, to include weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead or missing landscaping, removal of prohibited plants, and other horticultural practices that are needed to keep landscaping in good condition, free from disease, insect pests, weeds, refuse, and debris.

5.

Landscape maintenance shall be carried out in a manner that will not disrupt, inconvenience, or endanger any member of the public, or pedestrian, or motor vehicles.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

General. All landscape areas, except those areas composed of existing native plant communities, shall provide an irrigation system. The irrigation system shall be designed and installed in accordance with the Florida Building Code. Irrigation systems shall be designed and maintained to obtain the following results:

1.

Eliminate the wasteful use of water;

2.

Eliminate overspray onto buildings, walks, and walls;

3.

Provide a minimum of one hundred (100) percent coverage, including the capability of applying water onto turf areas on a different saturation level than that used to irrigate shrub-planting beds; and

4.

Use separate zones to match irrigation to vegetation types.

B.

Standards. Irrigation systems shall comply with the following standards.

1.

Irrigation systems shall be continuously maintained in working order and shall be designed so as not to overlap water zones or to water impervious areas.

2.

Irrigation systems shall not be installed or maintained abutting any public street which causes water from the system to spray onto the roadway or to strike passing pedestrian or vehicular traffic, where feasible.

C.

Rain sensors. A rain sensor, to switch off irrigation during wet periods, shall be required on all new irrigation systems.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)

A.

Crown reduction.

1.

The crown of a shade tree required by this Code or condition of approval shall not be reduced below the minimum mature spread or height requirements of this Code or specific village conditions of approval. Exceptions include:

a.

The removal of limbs or foliage presenting a hazard or in conflict with a crime prevention program;

b.

Removal of dead or diseased limbs;

c.

The reinforcement strength of form, or

d.

In association with tree or palm relocation work.

2.

Incidental pruning is permitted when there are conflicts with views, power lines, structures, lighting, signage, vehicles, pedestrians, etc. and to improve the structural integrity of trees. All pruning shall be in accordance with pruning standards in ANSI A300. A maximum of one-fourth (0.25) of tree canopy may be removed from a tree within a one (1) year period, provided that the removal conforms to the standards of crown reduction, crown cleaning, crown thinning, crown raising, vista pruning, and crown restoration pruning techniques.

A tree that is pruned in excess of these requirements shall be replaced with a tree that meets the minimum requirements of this section or equal specifications of the tree that has been pruned, whichever is greater, or, if deemed possible by a certified arborist, a remedy plan may be proposed to the village that would correct the pruning error.

B.

Plant characteristics. Unless otherwise approved by the village during the approval process, trees shall be allowed to grow to a shape and size typical of their species throughout their life cycle.

C.

Pruning standards. The following are general pruning standards and requirements.

1.

Hat-racking. Hat-racking is prohibited. For the purposes of this article, hat-racking is defined as flat-cutting the top or sides of a tree, severing the leader or leaders; making internodal cuts (cutting back of limbs to a point between branch collars/buds) prune a tree by stubbing off mature wood larger than one (1) inch in diameter within the tree's crown; or reducing a mature tree's total circumference or canopy spread by one-third (⅓) or more.

2.

Palm trees. Pruning palm trees shall be limited to dead fronds and up to one-third (⅓) of the green fronds and seed pods.

3.

Maximum limb pruning. Severely cutting back lower branches to increase sight visibility from underneath a tree's canopy, shall not exceed thirteen (13) feet six (6) inches from the ground level to the collar of the first limb.

D.

Alternative canopy shapes. If other than the normal expected tree canopy shade and size is desired by the owner of the trees, the desired shape and size shall be indicated on the approved landscape plan. If a desired shape and size is not noted on the approved landscape plan, trees shall be allowed to grow to their natural shape and size.

E.

Performance. Pruning shall be performed by a certified arborist or FNGLA certified landscape contractor in accordance with the Tree Care Industry standard of care as described in ANSI A300.

F.

Exemptions. Subsections 45-94.A-D do not apply to trees which interfere with safe site triangles, utility lines, or utility structures.

(Ord. No. 2020-06, § 28(Exh. 7), 9-24-20)