A.

Intent. The intent of these regulations is to protect, preserve and enhance the natural environment and beauty of the city by providing for landscaped green spaces, trees and other plants and arranging them in a pleasing manner in relation to paved areas, structures and abutting properties.

B.

Objectives. The objectives of this chapter [article] are as follows:

1.

To provide standards and requirements for landscape materials, as well as their placement, installation and maintenance within the municipal limits.

2.

To conserve energy, abate noise, reduce glare and windborne particle matter, moderate temperatures and enhance the aesthetic quality of the city.

3.

To preserve the existing natural landscape character of the city thereby promoting the health, general welfare, character and aesthetics of the community.

4.

Preserve and enhance the landscape character of the city to absorb greenhouse gas and carbon dioxide from the atmosphere and help keep the planet cool in addition to promoting convective clouds that help to cool the planet.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

The following documents, as amended, are adopted as standards and are incorporated into this article by reference: The American National Standards Institute ("ANSI") A-300, Standards for Tree Care Operations: Tree, Shrub and Other Woody Plant Maintenance - Standard Practices, and Z133.1-2006, Arboricultural Operations: Pruning, Trimming, Repairing, Maintaining, and Removing Trees, and Cutting Brush - Safety Requirements; Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Grades and Standards for Nursery Plants; Nelda Matheny and Jim Clark, Trees and Development: A Technical Guide to Preservation of Trees During Land Development; Council of Tree and Landscape Appraisers, Guide for Plant Appraisal, Tenth Edition, 2019; Richard Harris, Arboriculture Integrated Management of Landscape Trees, Shrubs and Vines, Fourth Edition; Gary W. Watson and E.B. Himelick, Principles and Practices of Planting Trees and Shrubs; Florida Urban Forestry Council's poster, Selecting and Planting Trees for the South Florida Urban Forest; Florida Power and Light's brochure, Plant The Right Tree In the Right Place, South Florida version; Timothy K. Broschat & Alan W. Meero, Betrock's Reference Guide to Florida Landscape Plants, Third Printing, 1994; Edward F. Gilman, Trees for Urban and Suburban Landscapes, 1st Edition, 1997; Dr. George K. Rogers, Landscape Plants for South Florida: A Manual For Gardeners, Landscaper & Homeowners, 1st Edition, 2009; and Florida Invasive Species Council's List of Invasive Plant Species.

(Ord. No. 2023-012, § 2, 10-18-2023)

Terms defined. For the purposes of this article, the following words and phrases shall have the meanings herein set forth:

Accent tree means a tree normally reaching a maximum height of between twelve (12) to fifteen (15) feet. Generally growing beneath or between larger trees and used as accent to the overall parcel.

Appraised value means a valuation of an existing tree's value based on any given point in time. The valuation is to be performed by an International Society of Arboriculture (ISA) certified arborist utilizing the Council of Tree and Landscape Appraisers (CTLA) Guide of Plant Appraisal, latest edition.

BMP means best management practice, particularly as it pertains to the use of natural and manmade devices used for erosion and sedimentation control.

Brush means any dense growth or bushes, shrubs or weeds, or any accumulation of, but not limited to: Grass clippings, hedge and tree trimmings, palm fronds, leaves, and other such debris.

Caliper means the diameter of a tree trunk measured four and one-half (4½) feet above the ground.

Category I invasive exotics means invasive plants that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives.

Clear trunk means a point above the root ball along the vertical trunk or trunks at which lateral branching or fronds begin.

Designated canopied protection areas means an area on any piece of property where street trees have been and/or are existing as defined in and required by section 95-1540, landscaping and vegetation.

Destruction of natural growth means growth pruning that causes irreparable damage and permanent disfigurement to a tree such that even with regrowth, the tree(s) will never regain the natural appearance of the species, or the tree is a danger to the public or property.

Diameter breast height (DBH) means the diameter of a tree trunk measured at four and one-half (4½) feet above grade measured in accordance with the most recent guidelines published by the U.S. Forest Service.

Drip line means a natural outside end of the branches of a tree or shrub projected vertically to the ground.

Foundation plantings means plant material placed in near proximity to building foundations located in planting beds arranged to compliment the building elevations and connect the building to the site.

Hardscape means elements added to natural landscape such as paving stones, walkways, fountains, artwork, furniture, and other similar items.

Hedge means a close planting of shrubs which forms, or can be maintained to form, a compact, dense visually opaque, living barrier when mature.

Horizontal plane means an imaginary line that begins at the base of the live frond petioles.

Invasive exotic means an exotic that not only has naturalized but is expanding on its own in Florida plant communities.

Irrigation/sprinkler system means a system of piping and sprinkler heads, its use being to convey water to all landscaped areas: provision of water by artificial means.

Land clearing means the act of removing natural or manmade material from a particular piece of real property. For the purpose of this chapter, land clearing shall not be interpreted to include the removal of dead or undesirable plant material as described elsewhere in this chapter or mowing of grass.

Landscape means plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures.

Landscape buffer yard means an area of landscaping and open space around the perimeter of a development parcel or an area adjacent to a parking lot which is used to screen differing land uses from each other.

Landscape feature means any improvement or vegetation including but not limited to outbuildings, walls, courtyards, fences, shrubbery, trees, sidewalks, planters, plantings, gates, street furniture and exterior lighting.

Landscaping means living plant, stones, and natural material purposely maintained for functional and or aesthetic reasons as referenced in Richard Harris, "Arboriculture Integrated Management of Landscape Trees, Shrubs and Vines, Second Edition"; Gary W. Watson and E.B. Himelick, "Principles and Practices of Planting Trees and Shrubs"; Florida Urban Forestry Council, "Selecting and Planting Trees for the South Florida Urban Forest"; and Florida Power and Light's "Plant the Right Tree in the Right Place" brochure, and South Florida Water Management District "Waterwise" for South Florida Landscapes and Florida Friendly Landscape Principles The 2014 Florida Statutes, Title XXVIII, § 373.185.

Lawn means an area of maintained turf.

Lollipopping means shearing or trimming a tree into an unnatural shape, such as round like a lollipop, and is illegal by ordinance.

Mulch means an organic solid additive or topping such as compost, wood chips, wood shavings, seasoned sawdust, bark, leaves, or straw, used to reduce evaporation, prevent erosion, control weeds, enrich soil, and lower soil temperature.

Native species means those trees and plant material set forth as approved plant species native to Florida in accordance with the Association of Florida Native Nurseries; a species whose natural range included Florida at the time of European contact (1500 A.D.).

Natural area means a substantially undisturbed area left at natural grade containing native or other desirable vegetation. Nuisance species may be selectively removed from natural areas.

Node means a point on a branch from which another branch arises.

Nursery means any grounds or premises on or in which nursery stock is grown, propagated, or held for wholesale sale or distribution, except where aquatic plant species are tended for harvest in the natural environment.

Nuisance tree means a tree that threatens the viability of native plant species and the integrity of the ecosystem and include Metopium toxiferum (Poison Wood), Araucaria excelsia (Norfolk Island Pine), Leucaena leucocephala (Lead Tree) and all tree species identified as Category I on the Florida Invasive Species Council's List of Invasive Plant Species, as may be amended.

Overlift means the removal of the majority of the inner lateral branches and foliage there by displacing weight and mass to the ends of the branches. The alteration of the tree's live crown ratio may be considered as evidence of overlifting, and not in accordance with city ordinance.

Pasture means land that is used for grazing livestock.

Performance bond means a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor.

Plant materials means trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.

Planting strip or easement means any portion of land which is set aside in order to separate two (2) areas with a buffer of landscaping.

Plants and plant products means trees, shrubs, vines, forage and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products made from them, unless specifically excluded by the rules of the department.

Protected tree means a tree which due to its size, character, age historical significance and/or aesthetic value is a locally unique example of a particular species and practically irreplaceable as declared by the city commission.

Prune or trim means to cut away, remove, cut off, or cut back parts of the tree or plant to promote healthy growth. [The term "prune" or "trim" also means] to control growth or remove dead or decayed branches without destroying natural growth characteristics of the tree or plant with the exception of hedges.

Shade tree means a tree species, excluding palms, which by virtue of its natural shape provides a minimum shade canopy of thirty (30) feet in diameter at maturity.

Shape means the regular and frequent shearing of outer tree branches, making pruning cuts of one (1) inch in diameter or less, for the purpose of controlling the size and shape of the tree canopy.

Shearing means the cutting of many small diameter stems of one (1) inch in diameter or less.

Shrub means a multi-stemmed woody plant other than a tree.

Specimen tree means any tree which has a DBH (diameter at breast height) of eighteen (18) inches or greater; with the exception of the following:

A.

Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to: mangos, avocados or citrus.

B.

Species of the genus Ficus except F. Aurea (Strangler Fig), F. Laerigata (Short Leaf Fig), F. rubiginosa (Rusty Fig or Rusty Leaf Fig), F. Jacquinifolia.

C.

All multitrunk palms.

D.

Trees that are in poor condition or form as determined by the city.

Standards for pruning references and means the following: The American National Standards Institute A-300 (ANSI A-300), Tree, Shrubs and other Woody Plant Maintenance—Standards, Practices; ANSI Z-133.1, Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush—Safety Requirements; and ISA - International Society of Arboriculture Guidelines for Pruning Trees and Palms.

Stubbing or hatracking means a method of severely pruning a tree or a portion of a tree back to its major limbs, hatracked trees may be subject to removal and replacement.

Synthetic turf means a dense and continuous surface of synthetic fibers mounted on a permeable backing and of sufficient density and green color to replicate the appearance of healthy natural grass.

Topiary pruning means the practice of pruning an accent plant into an ornamental shape by pruning branches one (1) inch in diameter or less.

Tree means any living self-supporting dicotyledonous or monocotyledonous woody perennial plant which has a DBH of no less than three (3) inches and normally grows to an overall height of no less than ten (10) feet in South Florida.

Tree abuse means any action or inaction to any part of a tree which will cause a tree to die or become so undesirable as to warrant the total removal of the tree. Such abuse may include but not be limited to damage inflicted upon the roots by heavy machinery, changing the natural grade, cutting or filling around root area, damage inflicted on the tree permitting infection or pest infestation, improper pruning so as to destroy the natural shape or which causes infection, infestation or decay. The term "tree abuse" shall mean:

A.

The removal of greater than thirty (30) percent of a tree's canopy within a one-year period;

B.

For a tree that has not reached a height or spread of thirty (30) feet, pruning that reduces the height or spread;

C.

Failure to properly barricade trees according to the Tree Protection Manual for Builders and Developers prior to using any land removal or tree removal equipment being used on the lot or parcel;

D.

The damaging of trees or root systems of any trees which are not permitted to be removed or trimmed in excess of the provisions of this chapter, prior to barricading or after barricades have been erected;

E.

The hatracking of a tree;

F.

Cutting upon a tree which destroys its natural habit of growth;

G.

Pruning that leaves stubs or results in a flush cut, or splitting of limb ends;

H.

Peeling or stripping of bark or the removal of bark to the extent that if a line is drawn at any height around the circumference of the tree, over one-third (⅓) of the length of the line falls on portions of the tree where bark no longer remains;

I.

Use of climbing spikes for any purpose other than total tree removal or as specifically permitted by the National Arborist Association Standards;

J.

Pruning that does not conform to standards set by the American National Standards Institute, as amended; or

K.

Pruning of live palm fronds which initiate above the horizontal plane as defined by the American National Standards Institute (ANSI A-300).

The removal of diseased or dead portions of a tree shall not constitute tree abuse under [subsections] A. through K. above, or the complete removal of a tree pursuant to a valid tree removal permit shall not constitute tree abuse under this section.

Tree canopy means the upper portion of the tree consisting of limbs, branches and leaves.

Tree protection manual references and means the Tree Protection Manual for Builders and Developers by the Florida Department of Agriculture Division of Forestry.

Tree removal means changing the location of a tree, or the willful destruction of a tree, or abuse which will cause a tree to die.

Tree survey means a document pertaining to a particular property or group of properties meeting the requirements of 21-HH F.A.C., as amended from time to time, and must provide, at a minimum, the following information:

A.

The location plotted by accurate techniques, of all existing trees within the property boundaries and fifteen (15) feet outside of the property boundaries;

B.

The common and scientific name of each tree;

C.

The DBH of each tree, or if a multiple trunk tree;

D.

Canopy coverage in square feet;

E.

Condition of the tree (good, fair, poor or dead);

F.

Appraised value (for all trees); and

G.

Proposed disposition (remain, remove, relocate).

Trellis means a frame supporting open latticework used as a screen or a support for growing vines or plants.

Trim means to reduce, shorten or diminish gradually a plant or parts of a plant without altering the existing or natural shape.

Turf means the upper layer of soil bound by grassy plant roots.

Unacceptable risk means tree removal is the only means of practically mitigating a tree's risk rating to below moderate, as determined by the tree risk assessment procedures outlined in International Society of Arboriculture's Best Management Practices - Tree Risk Assessment, Second Edition (2017), as may be amended.

Vegetation means any plant species with a geographic distribution indigenous to or introduced to all or part of the state.

Vehicular encroachment means any protrusion of a vehicle outside of a vehicular use area into a landscaped area.

Vine means a plant whose natural growth characteristics produces climbing, meandering stems.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2020-016, § 2, 11-18-2020; Ord. No. 2023-012, § 3, 10-18-2023; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Applicability.

1.

The terms and provisions of this chapter shall apply to the following classifications of real property:

a.

All vacant and undeveloped property.

b.

All property in all zoning classifications that is intended to be developed.

c.

The yard, parking and open space areas of all developed property.

d.

All property where there is to be any addition or alteration of a substantial nature.

B.

Permits.

1.

No person, organization, society, association or corporation or any agent or representative thereof, directly or indirectly, shall clear land, cut down, destroy, or move or effectively destroy through damaging any tree which has attained a caliper dimension of at least two (2) inches and is situated on property described above without first obtaining a permit as herein provided. A tree removal penalty fee of five hundred dollars ($500.00), plus the appraised value, shall be charged for each tree removed without a permit. This fee shall be in addition to any other remedy available to the city pursuant to this section.

2.

Permit fees are as set by resolution of the City Commission, which is on file in the City Clerk's office. The City reserves the right to waive permit fees for City projects to the extent provided by law.

3.

Trees removed without a permit.

a.

A tree removal penalty fee of five hundred dollars ($500.00), plus the appraised value of the tree removed, shall be charged for each tree removed without a permit. This fee shall be in addition to any other remedy available to the City pursuant to this Section.

b.

Any tree moved without a permit shall be replaced by an equivalent replacement.

c.

For the purposes of this section, an equivalent replacement shall be defined as:

1.

The equal square area of the trunk of the tree removed if the tree removed is less than twenty (20) feet in height or twice the equal square area of the trunk of the tree removed if the tree removed is more than twenty (20) feet in height, both measured at four and one-half (4½) feet above the ground; and

2.

The same species, if possible, or other native species as defined in the Association of Florida Native Nurseries Plant and Service Locator.

d.

If the tree removed was so large that replacement is impossible by one (1) equivalent replacement, the largest tree reasonably available shall be planted on the site, with the remainder of the equivalent replacement planted on the site or on public property by the violator at the city's option and direction.

e.

The equivalent replacement, whether in the form of one (1) or more trees, shall be guaranteed for one (1) year.

f.

In the event that insufficient trunk of the tree removed exists so that the equivalent replacement cannot be determined thereby, the equivalent replacement shall be estimated based upon trees of the same species existing in the vicinity, considering, among other things, aerial photographs and other available data relative to the area.

g.

This permit, if approved, shall be granted for a maximum of six (6) months from the date of permit issuance.

h.

This permit shall be posted in a protected area and in a conspicuous place on the site.

4.

Any person, organization, society, association or corporation or any agent or representative thereof, who shall remove a tree without a permit shall, upon conviction thereof, be subject to a fine not to exceed five hundred dollars ($500.00), plus the appraised value of the tree, or ninety (90) days in jail. Each tree removed without a permit shall constitute a separate offense. Any fines imposed pursuant to this subsection shall be deposited in the city's tree preservation fund.

5.

Trees that pose an unacceptable risk to persons or property on single-family residential lots.

a.

Notice, application, approval, permits, fees, or mitigation for pruning, trimming or removal of a tree that poses an acceptable risk to persons or property from a single-family residential lot is not required if the property owner possesses documentation from an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect verifying such unacceptable risk. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment - Second Edition (2017) as may be amended.

b.

A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this subsection.

c.

This subsection does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to State Statute 403.9321—403.9333.

d.

For purposes of this subsection, the term:

1.

Residential property means a single-family detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the applicable land development regulations.

2.

Documentation means an on-site assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment - Second Edition (2017), as may be amended, by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect.

C.

Application.

1.

Permits for removal, relocation, or replacement of trees covered herein, shall be obtained by making application on a form prescribed by the city, and submitted to the city engineering department.

2.

For new development the application shall be accompanied by a sealed survey prepared by a registered land surveyor, landscape architect or civil engineer, which shall show, in addition to all boundary information, the exact location, size, botanical and common name of all trees of two (2) or more caliper inches and six (6) feet in height within the area affected by the development except that groups of trees may be designated as "clumps," with the predominant type and estimated quantity shown. The expense of the survey shall be borne by the applicant.

3.

The application shall also be accompanied by a written statement indicating the reasons for clearing of land, removal, relocation or replacement of trees and two (2) copies of a legible site plan drawn to a one (1) inch equals twenty (20) feet scale or to the largest practicable scale indicating the following:

a.

Location of all existing or proposed structures, improvements and site uses, property dimensions and referenced to property lines, setback and yard requirements;

b.

Existing and proposed site elevations, where any fill or excavation around existing trees is required;

c.

Location of existing or proposed utility services in relation to existing trees;

d.

The name, common and botanical, size and location of all trees on the site of two (2) inch caliper and six (6) feet in height or more, designating the trees to be retained, removed, relocated or replaced. Groups of trees in close proximity may be designated as "clumps" of trees with the predominant type and estimated number and average diameter noted;

e.

Tree information required shall be summarized in legend or tabular form on the plan and shall include the reason for the proposed clearing of land, removal, relocation or replacement;

f.

Application involving developed properties may be based on drawings showing only that portion of the site directly involved and adjacent structures and landscaping or natural growth incidental thereto; and

g.

That the applicant has made every reasonable effort to incorporate existing trees in the development project and to minimize the number of trees affected;

h.

As a condition of any development permit, the eradication of nuisance vegetation (invasive exotic species) is required on all sites, including abutting rights-of-way, during the lot clearing permit process and prior to the issuance of a certificate of occupancy. Privately owned natural areas shall be included in this requirement. All areas obtaining a development permit after the effective date of the ordinance from which this section amendment is derived shall be maintained free of nuisance species. This shall include natural areas within developed property. Any property which has already received site plan approval as of the effective date of the ordinance from which this section amendment is derived shall be exempt from the application of this section provided said site plan approval remains valid and is not amended;

i.

A landscape plan and landscape permit application are required for any additions or property improvements over fifty (50) percent of the existing square footage that impact existing required landscaping on the property. The landscape plan shall indicate the eradication of nuisance vegetation (invasive exotic species) required on all sites, including abutting rights-of-way, during the landscape permit process and prior to the issuance of a certificate of occupancy.

D.

Application review.

1.

Upon receipt of a proper application, the city shall review the application which may include a field inspection of the site and may refer the application to such departments as it deems appropriate for review and recommendations.

2.

If the application is made in conjunction with development plans submitted for approval, the application will be considered as part of the site plan and no permit shall be issued without site plan approval.

E.

Issuance.

1.

Removal. No permit shall be issued for tree removal unless one (1) of the following conditions exists:

a.

The tree as described above is located in a buildable area, street right-of-way, canal right-of-way, or utility easement where a structure or improvement is to be placed and it unreasonably restricts the use of the property. For the purpose of this subsection, buildable area shall be deemed to include areas necessary for the construction of a pool, accompanying deck, or a patio, but shall not be deemed to include areas necessary for the construction of tennis or other game courts. If certain trees outside the above areas must be removed to allow the operation of equipment, the site plan shall include the exact operation area needed.

b.

The tree is diseased, injured, in danger of falling too close to existing or proposed structures, interferes with utility service, creates unsafe vision clearance or conflicts with other ordinances or regulations.

c.

The tree unreasonably restricts bona fide agricultural use of the property. To qualify under this section, the owner must submit to the city a survey showing all trees as described above to be removed, including their exact location, common and botanical names, and caliper size. Should the owner or any future owner of the property wish to develop the property for some use other than agriculture, a quantity of trees will have to be planted on the site which will equal the cumulative caliper dimension of those desirable trees removed. The planting shall be in addition to the required landscaping as outlined in division 15 of this article. If the required trees do not fit on the approved site, an equal caliper shall be planted on city property at the discretion of city staff or an equivalent value per caliper inch be deposited into the City Tree Trust Fund.

2.

Tree relocation or replacement.

a.

A replacement tree shall be a type of species having shade potential and other positive values, at least equal to that of the tree being removed, and shall be a minimum of twelve (12) feet in height when planted. The planted tree shall be listed in the latest edition of the Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design published by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS), or similar approved publication, as amended from time to time, a copy of which is available for viewing at the City of Parkland's Development Services Department.

b.

Trees must be relocated or replaced as specified by this section within thirty (30) days of the granting of a tree removal permit; provided, however, if the trees are to be removed to facilitate construction or development activities, said relocation or replacement must be completed prior to the issuance of a certificate of occupancy on the construction, development site or phase of development, as applicable.

c.

For tree replacement requirements of a thirty (30) percent native species shall be utilized.

d.

Tree-for-tree replacement. The replacement of a removed tree shall be a tree with a minimum of two (2) inches in cumulative trunk diameter at breast height. Where acts of God or other extraordinary circumstances outside of the control of the property owner or resident, as determined and identified by the City of Parkland City Commission, Broward County or the State of Florida, create conditions which make this Section unduly burdensome, the subject tree(s) affected by such circumstances will be exempt from the replacement requirements.

e.

Tree replacement for specimen trees.

i.

A specimen tree approved for removal as provided herein shall be replaced with a quantity of trees to be planted on site equal to the cumulative caliper dimension to the specimen tree removed. Replacement trees will be a minimum of twelve (12) feet in height at time of planting.

ii.

In the event the replacement of a specimen tree within the site is not practical, a tree appraisal will be performed by the City arborist or designee or the ISA Certified Arborist to determine the dollar value of the specimen tree approved for removal. This appraisal shall be pursuant to the most current "Guide for Plant Appraisal," as amended, by the council of tree and landscape appraisers. The number of replacement trees will be calculated to equal the appraised value of the specimen tree removed. This calculation shall include the purchase price of the replacement tree, plus installation costs. The applicant will be required to compensate the number of replacement trees indicated for the removal of the specimen trees.

f.

Optional cash payment. An optional cash payment equal to the fair market value of the required replacement trees paid by the applicant after recommendation from the City arborist that replacement of trees on site pursuant to this subsection is not feasible.

g.

Maintenance/monitoring requirements for replaced trees. Any owner upon whose property the tree replacement activity occurs shall:

i.

Maintain the health of a replacement tree for a period of one (1) year from the date of planting.

ii.

Replace within sixty (60) days any replaced tree that dies or is determined to be effectively destroyed within one (1) year of being planted, as determined by the city. The one-year maintenance period shall begin anew whenever a tree is replaced.

h.

The minimum landscape requirements established for tree planting may not count toward the tree replacement amount established in this Section.

3.

Tree trust fund.

a.

Establishment. A tree trust fund (hereinafter referred to as the Parkland Tree Preservation Account or the "trust") is hereby established as depository for tree removal fees and penalty monies. Such monies shall be placed in an interest-bearing account solely for the purpose of funding tree mitigation projects on public property within the city.

b.

Term of existence. The trust shall be self-perpetuating from year to year unless specifically terminated by the city commission.

c.

Trust assets. All monies received pursuant to the provisions of this section from public or private concerns shall be placed in trust to insure the use and benefit of the city and its successors and assigns in interest.

d.

Trust administration. Monies obtained pursuant to this [section] shall be credited to the trust by the city finance department.

e.

Disbursal of trust assets. Trust funds shall be used for tree mitigation projects, public education events such as Arbor Day, exotic invasive vegetation removal and replanting projects, and to obtain trees, landscaping, sprinkler systems and any other items or materials necessary and proper for the preservation, maintenance, relocation or restoration of tree ecosystems, on any public land in the City. With City Commission approval, these monies may also be utilized to engage support elements, such as landscape architects and additional personnel if deemed necessary in the opinion of the city manager. These monies may also be used to cover the expense of relocation of trees in the city.

The minimums established in [this] article 95 of this chapter for tree planting may not count toward the tree replacement amount established in this section.

F.

Bond for common area landscaping.

1.

Prior to issuance of a permit for required landscape in common areas or rights-of-way adjacent to a new development, the developer shall provide a bond or letter of credit equal of one hundred twenty-five (125) percent of the value of the installed landscape as shown on the contract for landscape installation.

2.

The guarantee shall consist of a performance bond or other security (ex, cash bond, letter of credit) acceptable to the City Attorney in an amount of one hundred twenty-five (125) percent of the direct cost of materials, labor and any other costs, as determined by the City arborist or designee, for completing the installation of the required landscaping.

3.

Performance bonds or other guarantees required pursuant to this section shall name the City of Parkland as a beneficiary and specify the time frame for the completion of the landscape installation.

4.

If the owner defaults under the agreement, the city may access the bond and hold the proceeds for the purposes of doing the work where access to the property will be required, or as a penalty at the city's sole discretion. The fact that the city accepts the bond and keeps the funds as a penalty shall not relieve the owner from the obligation to comply with the landscape requirements, and the city may prosecute the owner for failure to comply with those requirements.

5.

The bond, or other acceptable security provided, shall be held by the City until the developer turns the property over to the applicable homeowner's association, to ensure continued maintenance and survivability of the landscape.

G.

Tree protection.

1.

Designated for conservation. Trees designated for conservation are those trees which have been determined by the city as shown on an approved tree removal/relocation permit or areas within the city which have been determined by Broward County or the City of Parkland as subject to conservation and as stated specifically within the tree removal/relocation permit.

2.

During the land clearing and construction stage of development, the developer shall clearly mark all trees to be maintained and shall erect and maintain protective barriers as described in the latest edition of ANSI Z-300 Managing Trees During Construction, to the "drip line" (wherever practical as determined by the City arborist or designee) around such trees or group of trees.

3.

General requirements include:

a.

Clear vegetation within the drip line of trees designated for preservation only by hand or with the use of light rubber-wheeled equipment, which will not damage tree roots; said equipment shall be a maximum of forty-eight (48) inches wide, tire to tire, with a maximum weight of thirty-five hundred (3,500) pounds.

b.

Utilize retaining walls and drywells to protect any tree to be preserved from severe grade changes.

c.

Promptly repair any tree designated for preservation pursuant to a tree removal license which is damaged during construction by:

1.

Corrective pruning for damage to tree canopy.

2.

Measures such as corrective root pruning, fertilization, and soil enhancements for damage to tree roots.

d.

The developer shall not allow the movement of equipment or the storage of equipment, materials, or debris or fill to be placed within the protective barrier, unless otherwise specified.

e.

During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any tree or group of trees to be maintained. Neither shall the developer allow the disposal of waste material including but not limited to the following: Paints, oil solvents, asphalt, concrete and mortar under the canopy of any tree or group of trees.

f.

During the land clearing and construction stage of development, the city or its assigned officer shall periodically inspect the site to ensure compliance with the provisions of this chapter.

4.

The owner shall be responsible for the maintenance and protection of any and all trees on the property.

5.

Any tree species which has been declared by resolution of the commission to be a protected tree shall not be removed unless such removal has been approved by resolution of the commission.

6.

In order to preserve existing trees which eliminate parking spaces, a request may be made to the City arborist and planning department to obtain credit for lost spaces up to ten (10) percent of the required parking may be granted in conjunction with site plan approval.

H.

Exceptions.

1.

If any tree shall be determined by the certified City arborist or designee to be in a hazardous or dangerous condition so as to immediately endanger the public health, welfare or safety, and requires immediate removal without delay, verbal authorization by phone may be given by the certified City arborist or designee and the tree removed prior to obtaining a written permit as herein required. The cost of tree removal and permitting will be borne by the landowner.

2.

All licensed plant or tree nurseries shall be exempt from the terms and provisions of this chapter only in relation to those trees planted and growing on the premises of the licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee's business.

3.

Public utilities and utility companies franchised within the city may remove, without permit in time of emergency, trees which endanger public safety and welfare by interfering with utility services, provided such utility companies shall cooperate with the city to preserve such trees by relocation or replacement in the same vicinity or as determined by the city for the best public benefit; except that where such trees are on owner-occupied properties developed for one-family or two-family use, disposition of such trees shall be at the option of the property owner. If installation of new utilities shall require removal of trees, the utility company shall comply with the provisions of this chapter.

I.

Public lands. No tree shall be removed from any public park or public right-of-way except in accordance with this Code.

J.

Special exception.

1.

Due to the nature of this article, if a situation of hardship arises whereby the strict application of the article cannot be met due to extenuating circumstances, the commission is authorized to grant a special exception to the strict application of the article provided that such special exception shall not nullify the spirit and intent of the article.

2.

If storms, accidents or other acts of God create a situation wherein the strict application of this article would be a non-self-imposed hardship, the terms and provisions of this article may be waived by the city commission for a time certain.

K.

Limitation on permits for removal of exotic invasive species.

1.

Any person who receives a permit for removal of exotic invasive species shall remove the debris and/or mulch any debris generated by said permit within thirty (30) days of the permitted activity.

2.

Maintenance of land clearing. Once a permit for removal of exotic invasive species has been issued and the property has been cleared, of invasive exotic species the property shall be maintained in such a state.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2023-012, § 4, 10-18-2023; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Parklike setting characteristics. All applications for site plan approval or building permit shall be reviewed and evaluated to conform to the requirements of a "parklike setting," defined as follows:

1.

The landscaping and natural areas of the parcel are the major visual element of the overall design as viewed from the exterior of the parcel. This aspect of the parklike setting requirement shall be the major visual element of the site plan review and it shall be the responsibility of the applicant to submit a landscaping plan which is fully integrated so as to create this effect.

2.

The elements of the vegetation, landscaping, water and natural environment are the major visual element of the parcel of land when viewed together with other design aspects.

3.

The spatial scale and character of the landscape design shall be visually consistent and proportionate to the intensity and character of adjacent development. Natural vegetative buffers shall project the parklike look to adjacent development.

4.

Special design emphasis shall be placed on the landscape enhancement of ingress and egress points and screening of parking areas from public view.

5.

Entrances to residential subdivisions and nonresidential developments (e.g., commercial projects) shall be landscaped such that vegetation (e.g., trees and shrubs) is the predominant feature as opposed to any proposed hardscape elements (e.g., walls, fountains, and signs). The appearance of any proposed hardscape elements shall be softened by the planting of vegetation of appropriate scale and mass in front of, behind, and around such elements.

B.

Performance standard. The parklike setting requirement is a mandatory performance standard that all properties must satisfy. This performance standard takes precedence over the minimum quantitative standards of this division. To implement these parklike setting requirements, the applicant shall meet or exceed all landscaping requirements specified herein. An applicant who has satisfied the minimum standards for quantities and dimensions set forth herein shall be in compliance with this division only if a parklike setting has been achieved, as determined by the city. Accordingly, the city may require additional landscaping in order to ensure creation of a parklike setting as set forth above if the standards contained below do not adequately achieve that effect for the particular application.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Lawns. On all developed lots, lawns or other landscape material shall be placed on all areas not covered by main and accessory structures, pavement, and nursery growing areas, horse arenas, and water bodies. Active pastures must be covered by eighty (80) percent natural green vegetation, natural grassy plants or the entire pasture must be screened from view. Hedges, when required, shall be a minimum of twenty-four (24) inches at planting or prior to certificate of occupancy or a bond will be required in the amount of the installed shrub materials. Hedges shall be maintained at a height of between four (4) and five (5) feet. Lawns shall extend to any abutting street pavement edge and to the mean waterline of any abutting canal, lake or waterway (not to exceed thirty (30) feet from said waterline to property line). Landscape material shall be used and installed in such a manner as to allow reasonable maintenance. Where existing bank slopes are steeper than four (4) to one (1), they shall be cut back at the time of construction to result in a slope of four (4) to one (1) or less. No bank slope shall be changed without approval of the city engineer and the appropriate governmental agency responsible for water management.

B.

Sight distance at intersections. On all lots, sight distance at intersections must be maintained in conformance with the Florida Department of Transportation, Roadway Design Criteria, as amended from time to time. Sight distance designs must be in accordance to the most recent and updated guidelines noted in the State of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways.

C.

Preservation of existing trees. On all lots, credit toward meeting the tree requirement of any landscaping provision of this chapter shall be granted for preservation of existing trees based on caliper dimensions. However, in no case can existing trees be used to meet more than fifty (50) percent of required landscaping unless approved by the city landscape architect. No credit will be granted for preserving trees which are poor specimens or which are in poor health or are undesirable species as further defined in Waterwise South Florida Landscapes published by the South Florida Water Management District, which can be obtained at www.sfwmd.gov, and Florida-Friendly Landscaping, F.S. § 373.185, which can be obtained at http://fyn.ifas.ufl.edu.

D.

Berms. When this article requires a continuous hedge of at least three (3) feet, an earthen berm and fifty (50) percent of the required hedging material may be provided in lieu of the continuous hedge in the manner prescribed below:

1.

The continuous berm must be at least fifteen (15) feet in depth and a minimum of three (3) feet in height as measured from the crown of the abutting road except as required in item P.4., below.

2.

If a rolling-type berm is used, a minimum 18-inch spread by 24-inch height hedge material must be provided behind or on the berm.

3.

Hedging material may be grouped or clustered for accent; however, in no place shall more than nine (9) feet be maintained between plantings.

4.

No berm shall be greater than two and one-half (2½) feet in height within ten (10) feet of a right-of-way line or in a visibility triangle, as described in subsection B., to ensure adequate visibility.

5.

The maximum slope of a berm shall not exceed three (3) to one (1) to assure proper maintenance.

E.

Preconstruction landscaping.

1.

Within thirty (30) days of the issuance of an infrastructure permit for the construction of water, sewer, paving and drainage for any development within the city, the area requested for the land development permit shall provide preconstruction landscaping. The following roadways shall be included: Riverside Drive, Holmberg Road, Parkside Drive, Hillsboro Boulevard, Mecca Boulevard, Trails End, Pine Island Road, University Drive, Loxahatchee Road, Nob Hill Road, and County Line Road.

2.

Preconstruction landscaping shall be defined as follows: A minimum of a four-foot-high earthen berm shall be installed with maximum slopes of four (4) to one (1) along the abutting road rights-of-way abutting the development. The berm shall be natural grass maintained.

3.

Exceptions. This subsection does not apply to the following:

a.

The property not adjacent to public rights-of-way for residential developments.

b.

To areas that are screened by natural landscaping that averages a height of four (4) feet or higher.

F.

Pavement offset. Reference section 135-1190, pavement offset for existing or newly planted trees.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Buffer width. A perimeter landscape buffer of the minimum width prescribed in the table below is required along all boundaries of lots developed or used for any residential, commercial, commercial recreation, community facility, utility or industrial use. When a lot line abuts undeveloped property, the buffer requirement shall be the one that applies to the zoning designation of the abutting property:

¹ Trafficways, Lox Road, Parkside Drive, Mecca Boulevard and Holmberg Road west of Pine Island Drive.

² For residential uses, applies to rear lot lines and to subdivision common areas abutting a trafficway, collector street, OS zoning, or CON zoning. Residential lots and common areas that received city site plan approval without the buffer requirement are not required to provide the buffer after-the-fact.

³ Includes commercial recreation use.

B.

Buffer landscape and hardscape.

1.

The buffers shall contain three (3) layers of plantings, walls or mounding at three (3) levels to assure opacity. For each buffer of thirty (30) feet wide or less, each one hundred (100) linear feet of landscaped buffer area, shall provide a minimum of four (4) staggered trees, each a minimum of twenty-five (25) feet on center, and a minimum of fourteen (14) feet in height with a minimum of six-foot spread, and six (6) staggered understory trees, each a minimum of six (6) feet in height with a minimum of four-foot spread, (all heights measured at planting) shall be installed or preserved. In addition, a minimum of one hundred (100) shrubs and bushes and fifty (50) groundcover plants or equivalent plant material shall be installed for each one hundred (100) linear feet of landscape buffer area.

2.

Each additional ten (10) feet of buffer width or portion thereof, beyond thirty (30) feet shall contain an additional two (2) staggered trees, three (3) understory trees, fifty (50) shrubs and twenty-five (25) groundcover. The trees and understory size minimums will be the same as the in the preceding sentence. Palm species can also be used to create a parklike setting and substituted for the trees at a 3:1 ratio per section 95-1545, installation, maintenance and materials, subsection C.3.e. The plant material shall be placed in such a manner to support a parklike setting. In addition, the landscaping plan shall incorporate a combination of at least two (2) of the following: Mounding, fencing, walls, or supplemental planting, to further promote a parklike setting and to create a visual buffering level between the higher tree canopy and ground cover/shrubs. Screening of parking areas or internal roadways shall be accomplished by a combination of plant materials, opaque fencing, opaque walls, (natural materials wherever possible) mounding, or other landscape materials, installed at a total minimum height of sixty (60) inches above the average grade of the vehicular use area, with at least three (3) feet of flat surface. All requirements are minimums and the city may require additional landscaping in order to create a parklike setting and opaque screening of parking lots and vehicular use areas. Vegetation shall not be planted in straight lines, but designed to create visual interest and depth and to maximize the screening effect for neighboring properties. Additional trees shall be required in locations appropriate to shield adjacent residential areas from lighting fixtures.

3.

Nonresidential use adjacent to a residential use.

a.

The required buffer for a nonresidential and nonagricultural development or use adjacent to a residential district or use shall include a continuous, unpierced masonry wall of at least six (6) feet in height, which shall be located on top of the berm.

b.

The wall shall be finished on both sides with two (2) coats in cement stucco, painted to match buildings. Alternative screening devices meeting the intent of this section may be approved by the City Commission (i.e., fluted block walls, landscaped berms, etc.).

c.

The required landscaping shall screen both sides of the wall.

d.

This subsection (3) shall not apply when the nonresidential and nonagricultural development is separated from a residential district or use by a trafficway or a water body with a width of two hundred (200) feet.

4.

Berms required. All developments requiring site plan approval shall provide a continuous berm as part of the required perimeter buffer described herein, which berm shall be planted in accordance with the buffer landscape and hardscape design requirements.

a.

The continuous berm must be at least fifteen (15) feet in depth and a minimum of three (3) feet in height as measured from the crown of the abutting road except that no berm shall be greater than two and one-half (2½) feet in height within ten (10) feet of a right-of-way line or in a visibility triangle.

b.

The maximum slope shall not exceed three (3) to one (1) to assure proper maintenance.

c.

When an undeveloped property subject to the requirements of this section abuts another where a required berm has been installed or will be installed, the two (2) required berms shall be unified. "Unified" shall mean that the highest elevation of both berms shall meet at the property line, with the highest elevation determined by the required height of the proposed berm.

d.

Undeveloped Abutting Parcel: In the event that the proposed berm abuts an undeveloped parcel, the applicant shall construct the required berm to the required heights and integrate it with the existing grade at the property line. The applicant shall grant and record an easement permitting the owner of the abutting property access to the subject parcel for the purpose of completing the berm when the undeveloped parcel is developed. This easement shall run with the land.

e.

Developed Abutting Parcel Without Berm or Lower Berm: If the subject property abuts a developed property that either lacks a berm or has a berm at a lower elevation than the proposed required berm, the owner of the subject property shall use good faith efforts to obtain an easement from the abutting property owner. This easement shall permit the construction of the berm to the proposed elevation on the abutting property. The owner of the subject property shall provide written documentation to the City of owner's good faith efforts to obtain the easement, and the owner shall notify the City in writing in the event the owner is unable to obtain the easement from the abutting property owner.

f.

Easement Dimensions: The dimensions of the required easements shall be determined by the City Engineer of the City of Parkland. The dimensions must be sufficient to allow for the construction of the required berm.

g.

Landscaping Setback: All proposed landscaping shall be set back a sufficient distance from the property line to allow for the construction of the berm. The setback distance shall be determined by the City Engineer of the City of Parkland.

5.

All building permit applications for buildings or structures abutting a major street, as defined in subsection A, shall be accompanied by a landscape buffer plan, prepared by a registered landscape architect that demonstrates compliance with the regulation of a parklike setting when viewed from the abutting trafficway and as further defined herein:

a.

The landscaping elements and natural areas of the parcel are the major visual element of a balanced overall design as viewed from the exterior of the parcel.

b.

The spatial scale and character of the landscape design shall be visually consistent and proportionate to the intensity and character of adjacent development and shall provide an opaque buffer between the development and adjacent property.

c.

Special design emphasis shall be placed on the landscape enhancement of any ingress and egress points and visual screening of common area parking from public view.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Applicability. This section shall apply to parking and other vehicular use areas, except for single-family, two-family and townhouse dwelling units that have individual attached garages and driveway parking.

B.

Amount of interior landscaping required. Off-street parking areas shall have at least thirty-five (35) square feet of landscaping for each parking space, excluding those spaces abutting a perimeter landscape strip required by other sections hereof, which shall have a minimum of ten (10) square feet of landscaping for each parking space. Other vehicular use areas shall be separated from buildings, structures and property lines by a minimum of ten (10) feet of landscaped open space.

C.

Minimum size and dimensions of interior parking islands. The minimum size of an interior parking island must be twelve (12) feet wide by sixteen (16) feet deep.

D.

Placement and distribution of landscaped areas. Landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. Parking islands must be located no further apart than an average of every ten (10) parking spaces across the drive aisle and at the terminus of all rows of parking. All parking islands must be curbed to prevent vehicular encroachment. (See also subsection F. below related to plazas.) If applicable, tree preservation will determine the location and width of interior landscape island locations.

E.

Landscape materials:

1.

A parking island shall include at least one (1) shade tree of an approved species, a minimum of fourteen (14) feet in height and six-foot spread at planting, with the remaining area landscaped with shrubs, ground cover, sod or other authorized landscaping material not to exceed three (3) feet in height at planting.

2.

All other landscaped areas shall contain at least one (1) tree a minimum of fourteen (14) feet in height and minimum of a six-foot spread at planting. One (1) tree shall be required for every thirty (30) linear feet of interior landscaped area or portion thereof or with at least one (1) tree provided per nine hundred (900) square feet of landscaped area, whichever is greater.

F.

Landscaped plazas. For commercial developments in excess of two (2) acres, in addition to the above, parking lots shall contain at least one (1) landscaped plaza meeting the following criteria:

1.

The plaza shall be at least two (2) percent of the total area of the lot or parcel upon which the commercial development is located; and

2.

The plaza shall contain shade trees consistent with the parklike setting requirements set forth in section 95-1505, parklike setting. There shall be at least one (1) shade tree for every thirty (30) feet of the perimeter of the plaza and additional shade trees equaling one (1) shade tree (each at least fourteen (14) feet in height with a six-foot spread at planting) for every four (4) trees as provided for on the perimeter; shrubbery in scale with and complementing the shade trees shall also be provided in the plaza to create a parklike setting; and

3.

The plaza shall contain pavers or similar decorative hard surfaces and other architectural features (such as a gazebo, trellis with vines, or other covered area) to compliment the design of the development and create an attractive and harmonious area for patrons of the plaza to gather; and

4.

The plaza shall be fully landscaped and sodded (with the exception of the hardscape provided); and

a.

The plaza shall be as centrally located as feasible so that it will be integrated into the commercial center and encourage use by patrons. The plaza may be attached to walkways but shall clearly be an additional area as opposed to store frontage;

b.

Seating to accommodate at least four (4) persons shall be provided.

G.

Landscaping between a VUA and building. A strip with a minimum width of fifteen (15) feet of pervious landscape area shall be provided between a vehicular use area and a building. Said landscape strip shall be landscaped in the manner prescribed below:

1.

A minimum of four (4) trees fourteen (14) feet in height and six-foot spread at planting) and twenty (20) shrubs per one thousand five hundred (1,500) square feet of landscaped area shall be provided. In addition, two (2) small flowering trees with a minimum caliper dimension of two (2) inches shall be provided.

2.

Said material may be grouped or clustered to allow design flexibility; however, in no instance shall any building facade be void of landscape material, as required above.

3.

The balance of required landscape area shall be covered one hundred (100) percent with other plant material, ground cover, and sod; provided that at least twenty-five (25) percent of the area shall be plant material.

H.

Screening of parking areas and internal roadways from adjacent properties or rights-of-way. Screening of parking areas or internal roadways shall be accomplished by a combination of plant materials, opaque fencing, opaque walls, (natural materials wherever possible) mounding, or other landscape materials, installed at a total minimum height of sixty (60) inches above the average grade of the materials, installed at a total minimum height of sixty (60) inches above the average grade of the vehicular use area, with at least three (3) feet of flat surface. All requirements are minimums and the City may require additional landscaping in order to create a parklike setting and opaque screening of parking lots and vehicular use areas. Vegetation shall not be planted in straight lines, but designed to create visual interest and depth and to maximum the screening effect for neighboring properties. Additional trees shall be required in locations appropriate to shield adjacent residential areas from lighting fixtures.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Storage and service areas. Storage and service areas shall be screened with landscaping and/or fencing or wall materials as specified herein and said areas shall be located so as to be substantially hidden from view from adjacent properties and public rights-of-way at ground level. More than one (1) dumpster will constitute the need for further screening. This includes a wall or hedge and should be screened on a fourth side with a durable gate in accordance with specifications maintained in the planning department. Dumpsters intended for residential use shall have a pedestrian access in accordance with standards maintained with the planning and zoning department. Construction dumpsters are temporary and are not required to be screened as permanent dumpsters are required to be screened.

1.

Screening. Storage areas, commercial vehicles, construction equipment, dumpsters and mechanical equipment such as air-conditioning compressors, pool pumps, heaters and filters, sprinkler pumps, and electrical transformers shall be screened on at least three (3) sides. Said screening shall meet the minimum requirements provided in this chapter at the time of planting, shall be of size, material, and quality that will grow to exceed the vertical height of the object by at least twelve (12) inches not later than one (1) years after the issuance of the certificate of occupancy and shall be two (2) feet longer in horizontal length than the stored or screened object. Dumpsters shall be screened by a wall and hedge. These requirements are in addition to those required elsewhere in this chapter. In districts AE-1 and AE-2 the screening requirements under this subsection shall apply only when the object is within one hundred (100) feet of a public right-of-way or roadway easement.

2.

Openings.

a.

Any opening provided for access to dumpsters shall be screened on the fourth side with a durable gate in accordance with specifications maintained in the planning and zoning department.

b.

Any opening provided for access to objects other than dumpsters shall be oriented so as to restrict the view from public rights-of-way. Dumpster enclosures intended for residential use shall have a pedestrian access in accordance with the standards maintained in the planning and zoning department.

B.

Construction-related real estate sales structures. Landscaping requirements for construction-related structures (structures serving or related to construction activity), when said structures are utilized for real estate sales, are as follows:

1.

Lot area. The lot area to be landscaped shall be the area of the sales structure plus the following:

a.

Twenty-five (25) feet immediately in front of the proposed sales location.

b.

Fifteen (15) feet on each side of the proposed sales location.

c.

Minimum lot size shall be five thousand (5,000) square feet.

2.

Landscaping requirements.

a.

One (1) tree a minimum of twelve (12) feet and a minimum of a five-foot spread for each one thousand (1,000) square feet of landscaped, building, and pavement area or fraction thereof.

b.

Twenty (20) shrubs, for every one hundred (100) square feet of landscaped, building and pavement area or fraction thereof.

c.

A continuous hedge shall be required around all vehicular use areas except at points of vehicular and pedestrian ingress and egress.

d.

All landscaping shall be kept in a healthy growing condition at all times.

C.

Sports courts. All sports courts within the City must be screened on all sides visible from off-site or adjacent properties with:

1.

A continuous hedge at least two (2) feet in height at the time of installation and maintained at least three (3) feet in height within one (1) year; and

2.

Trees on thirty-five-foot centers at a minimum height of the sport court fencing. In no case shall trees be located further than twenty (20) feet from court fencing.

D.

Fences (opaque) and walls. When an opaque fence or wall is located adjacent to a public right-of-way, or contained within or immediately adjacent to the required buffer area, the area between the property line and the fence or wall shall be landscaped in such a manner to support a parklike setting. No continuous expanse of wall which is visible from a right-of-way may continue for a length in excess of seventy-five (75) feet. Required and supplemental plant material including trees, shrubs, vines, ground covers, mounding, or other landscaping materials, or combination thereof, shall, at maturity, provide a visual screening of an average of fifty (50) percent of the linear wall or opaque fence distance.

E.

Signs. The landscaped area required by subparagraph 100-1510.A.3.e (article 100, "Signage") shall be planted with a minimum of one (1) shrub per ten (10) square feet of required landscaped area and covered with either sod or ground cover. Any asphalt and road rock shall be removed and the landscaped area refilled with clean, fertile soil before planting.

F.

Display of vehicles and equipment. All yard areas and areas used for the display or parking of any and all types of vehicles or equipment, whether such vehicles or equipment is self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, heretofore referred to as "other vehicular use area," including but not limited to activities of a drive-in nature, such as service stations, grocery and dairy stores, banks, restaurants, new and used car lot, and the like, shall conform to the minimum landscaping requirements herein provided, including areas used for parking or other vehicular uses serving multifamily dwellings.

G.

Lift station and other utility landscaping requirements.

1.

Landscaping requirements for lift stations, Florida Power & Light neighborhood distribution transformers or other electric utilities, telephone switch boxes, and all other aboveground utility equipment or objects used for any of the above-described purposes shall be screened on all sides by hedges, leaving room around the equipment or object to be serviced. Such hedge shall be designed in a manner to completely screen in an opaque manner the equipment from view off-premises. Any opening provided for access to the equipment or object shall be oriented so as to restrict the view from public rights-of-way to the maximum extent feasible. All hedging shall be a minimum of four (4) feet in height from the grade and shall, at time of planting, be maintained at a height which exceeds the height of the equipment or object. Any fencing used around the equipment or object shall be of a color which blends in with the surrounding landscaping (i.e., green).

2.

Dead and/or dying trees and limbs or other natural growth which constitute a health or safety hazard to persons or property shall be removed and replaced if required by City Code requirements or site plan approval. Trees shall be kept pruned and trimmed to prevent the occurrence of a health or safety hazard.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Applicability. The Holmberg Road landscaping theme shall apply directly to land bordering the Holmberg Road right-of-way between NW 61st Avenue and Riverside Drive through, and including, the intersections.

B.

Purpose and intent. The intent of this section is to enhance, facilitate, and encourage landscaping of Holmberg Road which has been determined by the city commission to be special and unique in this location in providing a desirable entranceway for the city.

C.

Requirements. An application for a building permit within the above-described area shall provide a landscaping plan which shall conform with the requirements of a parklike setting as defined in this article, and also provide a landscape buffer area of at least twenty (20) feet minimum and, in addition, shall meet the following requirements along the area abutting Holmberg Road:

1.

Berms. A berm shall be constructed along the entire length of the landscape buffer and shall be a minimum of four (4) feet above the crown of the adjacent roadway.

2.

Large trees. A minimum of four (4) large trees for every one hundred (100) linear feet or portion thereof shall be planted at a minimum of fourteen (14) feet in height with a six-foot spread and three (3)-inch caliper at time of planting. Large trees shall be planted no closer than twenty (20) feet on center and no more than thirty (30) feet on center. They shall be maintained to achieve the maximum natural growth habit that will provide a continuous visual screening from the top of the understory trees to the maximum achievable height.

3.

Understory or medium trees. A minimum of six (6) understory or medium trees for every one hundred (100) linear feet or portion thereof shall be planted at a minimum of six (6) feet in height with a minimum of a four-foot spread no closer than ten (10) feet on center and no farther than twenty (20) feet on center. Small trees shall be maintained to achieve natural growth habit giving a total continuous screening from top of shrubs or wall to the lower branching structure of large trees.

4.

Shrubs and hedging. A minimum of one hundred (100) shrubs or hedges for every one hundred (100) linear feet or portion thereof shall be planted at a minimum of thirty-six (36) inches high at time of planting with a minimum of twenty-four (24) inches on center. Shrubs shall be designed in a manner to provide a total continuous opaque screening from top of berm to the lowest branching of the understory or large tree.

5.

All landscape material required by this Section shall be selected from the landscape materials listed in the latest edition of the Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design published by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS), or similar approved publication, as amended from time to time, a copy of which is available for viewing at the City of Parkland's Development Services Department.

D.

Existing tree credit. In review and approval of the landscaping plan, credit toward meeting the tree requirements shall comply with section 95-1010, general requirements - tree removal and tree preservation, for preservation of existing trees.

E.

[Plans for Holmberg Road.] In review and approval of landscaping plans for Holmberg Road, the city shall follow the plans approved by the city commission as Exhibit "A" of Ordinance No. 92-40, which shall be kept on file with the city clerk's office.

F.

[Existing natural landscaped area to be maintained.] For any parcel in this portion of Holmberg Road, the landowner shall be required to maintain a minimum of ten-feet-wide existing natural landscaped area, the complete length of the property abutting Holmberg Road, which shall allow the existing vegetation to screen and buffer Holmberg Road development of the parcel.

G.

Removal of landscaping prohibited. Notwithstanding any other provision in any ordinance to the contrary, removal of any tree, shrub, bush, or grass is prohibited adjacent to Holmberg Road from S.R. 441 to University Drive, from the edge of the roadway for a distance of twenty-five (25) feet from said edge, unless there is a direct replacement or equivalent replacement of vegetation within five (5) feet of any tree, shrub, bush, or grass removed. Replacement vegetation shall be installed in no more than ninety (90) days from the removal of existing vegetation and achieve opaqueness in no more than one (1) year from date of installation.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Applicability. The requirements of this section apply to all pervious areas other than required buffers (section 95-1515, perimeter landscape requirements) and vehicular use areas (section 95-1520, vehicular use area interior landscaping).

B.

Noncommercial park and recreation areas. Each lot shall contain a minimum of one (1) tree and twenty (20) shrubs per one thousand (1,000) square feet of that portion of the lot which is not utilized for structures or active-play areas.

C.

Parkland A-1, AE-1 and AE-2 districts. Each lot shall contain a minimum of twelve (12) trees, six (6) accent trees, one hundred (100) groundcover, and two hundred (200) shrubs per acre, and shall be fully sodded with not less than ten thousand (10,000) square feet of sod; however, natural areas, water bodies, active pastures, and areas under cultivation for crops shall not be included in the acreage calculation for trees and shrubs. Not less than seventy-five (75) percent of the required landscaping shall be located in the front portion of the lot, with the exception of cul-de-sac lots which shall have not less than fifty (50) percent of required landscaping located in the front half of the lot, and corner lots, which shall have seventy-five (75) percent of the required landscaping on the front and street side of the lot. Not less than fifty (50) percent of the required shrub material on Parkland A-1, AE-1, AE-2 and all single-family and two-family lots shall be located as to form foundation plantings. The balance of shrub material may be located throughout the site but should be clustered into groupings to create planting beds. Not more than fifty (50) percent of one (1) species of shrub may be used on a lot to meet the minimum number of required shrubs.

D.

Single-family and two-family lots, all other districts.

1.

Each lot with less than an average of seventy (70) feet of lot width shall contain in the required yard areas a minimum of three (3) trees, two (2) accent trees, sixty (60) shrubs and sixty (60) groundcover. Additionally, a minimum of three (3) palms (or one (1) triple palm) and one (1) small canopy or two (2) accent trees shall be placed in the front yard.

2.

Each lot with an average of seventy (70) feet or more and less than one hundred feet (100) of lot width shall contain in the required yard areas a minimum of five (5) trees, four (4) accent trees, seventy-five (75) shrubs and seventy-five (75) groundcover, plus one (1) tree, one (1) accent tree and twenty (20) shrubs for each two thousand (2,000) square feet of lot area over twelve thousand (12,000) square feet, or portion thereof.

3.

Each lot with an average of one hundred (100) feet or more of lot width shall contain in the required yard areas a minimum of six (6) trees, six (6) accent trees and one hundred (100) shrubs, seventy-five (75) groundcover, plus one (1) tree, one (1) accent tree and twenty (20) shrubs for each two thousand (2,000) square feet of lot area over twelve thousand (12,000) square feet or portion thereof. Not less than sixty (60) percent of the required landscaping shall be planted in the front portion of the lot, with the exception of cul-de-sac lots which shall have not less than forty (40) percent of required landscaping in the first half of the lot, and corner lots, which shall have seventy-five (75) percent of the required landscaping on the front and street side of the lot. A minimum of one (1) main tree, one (1) accent tree, and twenty-five (25) shrubs, in addition to minimum landscape requirements, shall be planted in the rear yard area.

E.

Common area open space landscaping requirements for single-family, two-family and townhouse residential developments:

1.

All areas not included in lots, buffers, rights-of-way, canals, or lakes shall have one (1) tree for every one thousand (1,000) square feet of area.

2.

Selected areas should provide passive recreation, playgrounds, pedestrian connectivity, visual terminuses, sitting areas, or access to water bodies.

F.

Multifamily developments. Each lot shall contain an overall minimum of one (1) tree and twenty (20) shrubs, twenty (20) groundcover per two thousand (2,000) square feet of lot area, including fractions thereof, but excluding water bodies and natural areas. No lot shall contain fewer than five (5) trees and one hundred (100) shrubs, fifty (50) groundcover. These minimum requirements are exclusive of other landscaping specified for vehicular use areas, buffers and other special purposes.

G.

Use of palms in residential developments. A maximum of thirty-five (35) percent of the required trees may be palm trees meeting the minimum requirements of section 95-1545, installation, maintenance and materials.

H.

Commercial, industrial, utility, and community facility developments. In addition to perimeter landscape buffer requirements for all property lines pursuant to section 95-1515, perimeter landscape requirements, all lots shall contain an overall minimum of one (1) tree, fifteen (15) groundcover, and twenty-five (25) shrubs for every five thousand (5,000) square feet, including fractions thereof, but excluding water bodies and natural areas. Minimum tree and plant material requirements are in addition to other landscaping specified for vehicular use areas, buffers, and other special purposes. A maximum of fifty (50) percent of the required trees, excluding buffers and perimeter plantings, may be palms meeting the minimum requirements of section 95-1545, installation, maintenance and materials.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2020-009, § 2(Exh. A), 9-14-2020; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Planting required prior to occupancy. Street trees shall be installed by the permit holder prior to the request for a final landscape/zoning inspection, and prior to the issuance of certificate of occupancy. Where rights-of-way widths cannot accommodate planting within the rights-of-way, such trees shall be required to be planted within the adjacent landscape buffer or private land at the city's direction. All street trees required by this section shall be installed in the designated canopied protection area.

B.

Authorized trees. The variety and species of street trees shall be canopy trees selected from those listed in the latest edition of the Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design published by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS), or similar approved publication, as amended from time to time, a copy of which is available for viewing at the City of Parkland's Development Services Department; and approved by the City arborist during the site plan approval process or building permit where site plan approval is not required. Where overhead utility lines exist, tree species acceptable to Florida Power and Light Company's (F&PL) "Plant the Right Tree in the Right Place" shall be required, pursuant to Section 95-1550, right tree-right place. Street tree species are to provide a consistent theme with surrounding properties.

C.

Spacing of trees. Street trees shall be required at one (1) tree for each forty (40) linear feet of street frontage, on each sides of the roadway, or portion of, except that where overhead utility exist, spacing shall be reduced to one (1) tree per thirty (30) linear feet of street frontage. Developments requiring site plan approval shall also provide one (1) tree per each forty (40) feet of median length, where medians adjacent to the site plan. Street trees may be clustered; however, trees shall be planted no closer than twenty-five (25) feet from each other, and no farther than sixty (60) feet apart.

D.

Minimum height. Where overhead utility lines do not exist, street trees shall be a minimum of fourteen (14) feet in height with a spread of at least six (6) feet and a caliper dimension of no less than three (3) inches at the time of planting, measured four and one-half (4½) feet above the top of the root ball. Where overhead utility lines do exist, street trees shall be a minimum of ten (10) feet in height with a spread of at least four (4) feet and a caliper dimension of no less than two (2) inches at the time of planting, measured four and one-half (4½) feet above the top of the root ball.

E.

[Root barrier.] For all street tree green areas less than ten (10) feet in width, provide "Bio-barrier" or an equal root barrier. The root barrier shall be installed along the sidewalk side of the green area with a minimum depth of nineteen (19) inches and a minimum length of fifteen (15) feet, measured seven and one-half (7.5) feet from either side of the center (trunk) of the tree.

F.

Alternative compliance. Street tree requirements on residential and park sites having a significant mature tree canopy may be waived, partially or in full, if the following conditions are met:

1.

Existing trees to be preserved on site having a minimum three-inch caliper dimension may be used to meet the street tree requirements provided they are located within the first fifteen (15) feet from the edge of the road pavement.

2.

Required street trees may also be provided in the form of existing trees located in the front yard area beyond a depth of fifteen (15) feet from the edge of the road pavement. However, credit for such existing trees will be limited on the basis that three (3) trees of six (6) inches caliper dimension or more are required in lieu of one (1) street tree.

3.

Additional trees required to meet the street tree requirements must be planted within the right-of-way or road access easement areas in accordance with the requirements of this section.

4.

Trees retained in front yard areas, in lieu of street trees, are subject to code enforcement provisions. Maintenance and retention of these trees is the responsibility of the property owner.

5.

Refer to section 135-1190, offset for existing and newly planted trees for required pavement offsets.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Installation. All landscaping shall be installed in a sound, workmanlike manner and according to accepted good planting procedures, as hereinafter described.

1.

All elements of landscaping, shall be installed so as to meet all other applicable ordinances and code requirements.

2.

All trees shall be planted in a prepared planting area of at least twenty-five (25) square feet. Required landscaped areas shall be protected from vehicular encroachment in commercial, industrial, and multifamily developments, by continuous curbing placed at least two (2) feet from the edge of such landscaped areas. Wheelstops are permitted in lieu of curbing at the head of parking stalls.

3.

The City arborist or designee, City engineer, or his/her agents, shall inspect all landscaping and no certificate of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided.

4.

All living plant materials installed on private property pursuant to this article shall be irrigated with an automatic underground irrigation system, except in estate, recreation and open space and agricultural districts, or as otherwise exempted. Said system shall provide irrigation in a manner so as not to cause staining of structures and pavement, and shall provide one hundred (100) percent coverage with a minimum fifty (50) percent overlap or otherwise result in the effective irrigation of the landscaped area.

B.

Maintenance. The owner shall be responsible for the maintenance of all landscaping located in areas where landscaping is required by this division, including fence lines, landscaped portions of rights-of-way to the pavement's edge, swales, and canal banks to the mean water line, in accordance with the following standards:

1.

Keep landscaping reasonably free of insects and disease and appropriately irrigated to enable landscaping to be in a healthy growing condition.

2.

Mow, trim or prune landscaping in a manner and at a frequency appropriate to the use made of the material and species on the site so as not to detract from the appearance of the general area. Mow lawn areas in a manner and at a frequency as to not be overgrown to exceed a height of six (6) inches.

a.

Any shrubs or hedge to be located near a sidewalk, path, or trail must maintain a minimum of a three-foot clearance from the edge of the sidewalk, path or trail.

3.

Pruning, trimming, and other maintenance:

a.

Trees shall be pruned or trimmed in accordance with ISA (International Society of Arboriculture) Standards for Tree Pruning and the Broward County Guidelines for Tree and Palm Pruning, and shall not be altered in any manner resulting in tree abuse. No stubbing, hatracking or lollipopping shall be allowed. The natural growth pattern of the species shall remain intact after pruning, with the exception of topiary pieces and hedges.

b.

Any person contracting to move, remove, prune, trim, repair, or perform tree surgery upon a tree, shall do so in conformance with the current edition of ANSI-A-300 for tree trimming and ISA standards. Vehicles used by tree service/arborist operating within the city shall be clearly marked with the name of the tree service/arborist. A photocopy of the occupational license shall be available for inspection on each job site.

c.

Any tree improperly pruned will be subject to removal, replacement and where applicable, tree mitigation. Tree mitigation for trees over ten (10) inches in caliper that have been improperly pruned will be replaced with an equal amount of caliper inches. The trees will be installed on site, and/or in common areas of the subject community with approval from the city arborist and the applicable homeowner's association (if any).

d.

In instances where tree mitigation is not feasible, a monitory contribution to the city tree trust fund can be made. The value of the tree mitigation fees will be determined using the International Society of Arboriculture Guidelines for Tree Appraisals.

e.

In the event the City arborist deems an improperly pruned tree may be restored by remedial pruning, the property owner may opt to hire an ISA certified arborist to evaluate the tree and submit a three-year remedial pruning plan.

i.

The remedial pruning plan shall be subject to approval by the City arborist.

ii.

The remedial pruning plan, if approved, shall be accompanied by a penalty of two hundred fifty dollars ($250.00) per tree for improper pruning, which shall be deposited into the City's tree trust fund.

4.

Maintain all landscaping to minimize property damage and public safety hazards, including removal of low-hanging branches next to sidewalks and walkways, and removal of root systems which show evidence of destroying public or private property, and maintenance of sight distance standards as set forth elsewhere in this chapter.

5.

Maintain all required irrigation systems in a good operating condition.

6.

All trees and other plant material shall be maintained in terms of quality, height, spread, and species as required elsewhere in this chapter; provided that no hedge within a residential development shall exceed twelve (12) feet in height on a parcel of land in excess of one (1) acre in area, nor ten (10) feet in height on a parcel of land that is one (1) acre or less in area (cross-reference: Section 15-6030, hedge height). All hedges shall be maintained by the person on whose property the hedge trunk is planted and shall be neatly trimmed and maintained. All landscaping (including grass) required to be installed shall be regularly maintained by the owner of the property that was required to plant said landscaping or that did plant the landscaping. Said maintenance shall be on a regular basis, shall require replacement of unhealthy trees, shrubs and groundcover, proper spraying and trimming, cutting and all other activities normally required to maintain the landscaping in a good and well-trimmed condition.

7.

Dead and/or dying trees and limbs or other natural growth which constitute a health or safety hazard to persons or property shall be removed and replaced if required by city Code requirements or site plan approval. Trees shall be kept pruned and trimmed to prevent the occurrence of a health or safety hazard.

8.

Unless a governmental body has specifically assumed maintenance responsibilities, it shall be the responsibility of the owner of the property abutting a swale or water bank area to maintain said swale or water bank area. The swale or bank area shall be kept free of all debris and shall be landscaped and maintained in accordance with the landscape code of the city.

9.

Crime Prevention Through Environmental Design (CPTED) and Florida-Friendly Landscape Principles and Guidelines shall be incorporated as applicable.

C.

Plant material.

1.

Plant material used to comply with provisions of this chapter shall conform to the standards for Florida No. 1 or better, as noted in the latest edition of the "Grades and Standards for Nursery Plants," State of Florida, Department of Agriculture, Tallahassee, Florida, or equal thereto. Grass sod shall be clean, free of weeds and pests or diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached, indicating the seed grower's compliance with the city department's quality control program.

2.

The number of different species of trees and accent trees required shall be as follows:

3.

Trees, palms, shrubs and groundcover selection:

a.

A minimum of fifty (50) percent of the required trees shall be native to South Florida and selected from the latest edition of the Florida-Friendly Landscaping Guide to Plant Selection & Agricultural Sciences (UF/IFAS), or similar approved publication, as amended from time to time, a copy of which is available for viewing at the City of Parkland's Department Services Department.

b.

A minimum of fifty (50) percent of the required interior trees on a lot shall be an installed size relating to the structure height as follows, unless otherwise specified:

c.

Single-family, two-family and townhouse developments: Trees shall be a minimum of twelve (12) feet overall height immediately after planting, with a spread of at least four (4) feet and a minimum caliper dimension of two (2) inches measured at a point four and one-half (4½) feet above ground level, unless otherwise specified. Accent trees shall a minimum of six (6) feet overall height, with a minimum of four (4) foot spread, immediately after planting.

d.

Multifamily, business, industrial, community facility, and utility development, as well as parks: unless otherwise provided herein, trees shall be a minimum of twelve (12) feet overall height immediately after planting, with a spread of at least five (5) feet and a minimum caliper dimension of two (2) inches measured at a point four and one-half (4½) feet above ground level.

e.

Required landscaped areas shall be protected from vehicular encroachment in commercial, industrial, and multifamily developments, by continuous curbing placed at least two (2) feet from the edge of such landscaped areas. Wheelstops are permitted in lieu of curbing at the head of parking stalls.

f.

Palms having an average mature crown spread of less than twelve (12) feet may be substituted for trees by grouping these palms in groups of three (3), so as to create the equivalent of a twelve-foot crown spread. Palms that have a minimum of five (5) feet of clear trunk or a caliper dimension of six (6) inches at a point at least eighteen (18) inches above the root ball and achieve a twelve-foot crown spread singularly, or when grouped in threes, may be counted one (1) for one (1) as trees complying with the provisions of this chapter. If palms are so used, they shall make up no more than twenty-five (25) percent of the total required trees, unless noted otherwise.

g.

Shrubs shall have a minimum height of eighteen (18) inches with a spread of eighteen (18) inches, when measured immediately after planting.

h.

Hedges, where required, shall be planted at twenty-four (24) inches on center and maintained so as to form a visual screen. Shrubs used as hedges shall be Florida Department of Agriculture Grade No. 1 or better, with a minimum height of twenty-four (24) inches and a minimum spread of eighteen (18) inches when measured immediately after planting. Where larger material is used, spacing may be increased and planted so as to provide a continuous barrier, but not so close as to be detrimental to the plant material.

4.

Grass areas shall be planted with an approved species that is certified disease and insect free for South Florida. Lawn areas shall be sodded; however, lawns may be seeded or sprigged with approval of the City arborist or designee. Sod provided must be viable, reasonable free of weeds, and capable of growth and development. In general, sod strips shall be aligned with tightly fitted staggered joints and no overlap of butts or sides. Subgrade of lawn area after finished grading shall be reasonably free of all stones, sticks, roots and other matter prior to the placement of sod. New lawns shall be watered immediately after planting and shall be maintained in a living condition.

5.

Ground covers and mulch used in lieu of grass, in whole or in part, in natural areas shall be planted or laid in such a manner as to present a finished appearance and complete coverage. Except in agricultural and estate districts, and parks, ground covers in lieu of grass areas are subject to the approval of the City arborist or designee pursuant to section 95-1575, variances.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2024-009, § 2, 9-12-2024)

A.

General provisions. All trees within thirty (30) feet of overhead utility lines, installed after the effective date of this section are required to be in compliance with this section. The mature height and width of a tree to be planted shall not exceed the available overhead growth space. Available overhead growth space is defined as the available space for the canopy of a tree to attain the natural height and growth habit at time of the tree's maturity.

B.

Nonconforming trees. Existing trees not in accordance with this section shall be brought into compliance with this section by corrective or remedial pruning within one (1) year of the effective date of the ordinance from which this section is derived; if this cannot be performed without removing more than twenty (20) percent of the tree's canopy, pruning shall not be required. In such cases, the owner may remove the tree in accordance with section 95-1010, general requirements - tree removal and tree preservation. To correct nonconforming trees the city shall offer expedited permit review and shall not charge a permit fee. If the tree is removed, it shall be replaced within three (3) months of such action and in accordance with this section. Specimen trees or other trees which chapter 27 of the Broward County Code prohibits from being removed in these circumstances shall not be subject to removal.

C.

Overhead utilities. Tree selection shall be chosen from the most current FPL (Florida Power and Light) Public Brochure for Right Tree - Right Place which can be found at www.FPL.com/trees. Trees planted adjacent to overhead utility lines, such as street trees, must comply with the following regulations:

1.

Small trees (other than palms) less than twenty (20) feet [in] height at maturity may be planted adjacent to but not under power lines.

2.

Medium trees (other than palms) twenty (20) feet to thirty (30) feet [in] height at maturity shall be planted twenty (20) feet back from power lines.

3.

Large shade trees (other than palms) greater than thirty (30) feet [in] height at maturity shall be planted thirty (30) feet back from power lines.

4.

Small palms less than twenty (20) feet in height at maturity may be planted adjacent to but not under power lines.

5.

Large palms greater than twenty (20) feet in height at maturity shall be planted at the average palm length plus two (2) feet for clearance from power lines.

6.

Distance from overhead utility lines shall be measured from the ground directly under the point where any utility line crosses overhead.

7.

To the extent of any conflict with section 95-1540, street trees, then this section shall apply.

D.

Requirements. All businesses which perform tree pruning services are required to obtain a Broward County Tree Pruning License that meets the following requirements:

1.

Training in correct pruning practices such as those endorsed by the International Society of Arboriculture (ISA).

2.

Proof of adequate liability insurance.

3.

Documentation of adequate workers' compensation insurance.

4.

Documentation of compliance with pertinent OSHA safety regulations.

5.

Proof of a valid Broward County Tree Trimming License.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

In instances where healthy plant material exists on a site, and is to be retained, the City arborist or designee may adjust the application of the minimum requirements to allow a maximum of fifty (50) percent credit for a consideration of such plant material, if such an adjustment is in keeping with and will preserve the intent of this division. In such cases, a survey as provided in section 95-1010, general requirements - tree removal and tree preservation, shall be provided to the building department specifying the species, approximate height and caliper dimension, as well as the location and condition of any plant material used as a basis for requesting this adjustment. Any adjustment shall be based on unique circumstances applicable to the lot in question with the object of such adjustment being to preserve existing vegetation or to maintain a tree canopy.

B.

Any vegetation that encroaches onto or destroys public property, or without permission private property, or limits visibility through the public right-of-way shall be removed from the property at the landowner's expense.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2023-012, § 5, 10-18-2023; Ord. No. 2024-009, § 2, 9-12-2024)

A.

Restricted areas. No person shall remove or excessively trim, or hat-rack, any landscaping within any buffer abutting or adjacent to Holmberg Road, Parkside Drive, Riverside Drive, University Drive, Pine Island Road, Hillsboro Boulevard, Nob Hill Road, Mecca Boulevard, State Road 7 or Loxahatchee Road and Trails End, without first obtaining a permit for such removal or excessive trimming from the city.

B.

Requirements for permit. No permit shall be granted unless the applicant provides a plan, signed and sealed by a registered landscape architect, which plan provides for additional landscaping which will assure that there shall be no decrease in the opacity of the landscaping on the buffer and that the opacity provided for in the landscaping plan shall be comparable to that existing on the buffer at the time the permit is sought. The city commission must approve any such plan prior to issuance of the permit.

C.

Fee. The city commission does hereby impose a fee of two hundred fifty dollars ($250.00).

D.

Violation. Any violation of this section shall be punishable by a fine of up to five hundred dollars ($500.00). A violation of this section shall be considered to be the removal or excessive trimming of the landscaping referred to herein within the buffer, as well as each day thereafter that the buffer continues to exist with the removed or excessively trimmed or hat-racked landscaping, as prohibited in this section so that the fine shall be five hundred dollars ($500.00) per day.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Plan required. Prior to the issuance of a building permit for new construction, a landscape plan prepared by a landscape architect, registered in the State of Florida, or other person authorized pursuant to F.S. ch. 481, pt. II, as amended, shall be submitted to and approved by the City arborist or designee, or agents thereof, subject to the review and approval of such other agencies as may be deemed advisable.

B.

Scale, contents. The landscape plan shall be drawn to a one (1) inch equals twenty (20) feet scale minimum, or as required by the city, to clearly show the design intent, including dimensions, areas and distances, and clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles, driveways, sight visibility triangles (using grayscale), utility and drainage easements, coverage of required irrigation systems, water outlet locations and the location and size of buildings. On projects of more than five (5) acres in size, the applicant may request verbal approval from the city landscape architect that plans be drawn at a smaller scale.

C.

Tabulations. The plan shall also designate on the plan and in tabular form, the quantity by name, size and location, of the plant material to be installed, or if existing, to be used in accordance with the requirements hereof. No permit shall be issued for such building unless such landscape plan complies with the provisions herein. The landscape plan shall be legible and drawn to a suitable scale to show required information and shall include tabular data regarding the number of required and provided trees, shrubs and groundcovers.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015; Ord. No. 2019-011, § 2, 10-16-2019; Ord. No. 2024-009, § 2, 9-12-2024)

No existing properties shall be permitted to increase the degree of nonconformity as it pertains to this chapter. Wherever developments have required landscaped areas, said areas are to conform to this chapter.

A.

Existing development shall have one (1) year from the date of adoption of the ordinance from which this chapter is derived to conform as required above.

B.

This section does not require removal of healthy plant material.

C.

This section does not require meeting the native species ratio set forth elsewhere in this chapter.

D.

This section does not require meeting pervious or open area requirements contained in this chapter.

E.

Failure to comply with this section shall be a violation of this chapter.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Intent. The city recognizes that there may be situations where flexibility in species specification, quantity or design may be considered desirable by the city in order to provide a "park-like setting," particularly in cases where special circumstances or natural features make literal application of this division a hardship, and an alternate landscape plan may be a reasonable alternative.

B.

Scope of relief. The city commission, may approve or, approve with conditions, a variance from the species, height, spread, or quantity, design or location of landscape material (including street trees or lawn area) required by this chapter based upon the circumstances described in subsection A., and a showing by the applicant that the alternate proposal which varies from minimum requirements of this division meets or exceeds the requirement of a "park-like setting," as defined in this chapter.

C.

Process. The applicant shall follow the variance procedures set forth in article 55, division 5, variances, except as provided in this section. The application shall be reviewed by the planning and zoning board, sitting as the Parkland Tree Board, which shall make a recommendation to the city commission.

D.

Criteria. The criteria listed below shall replace the criteria of section 55-530, variance standards, guidelines and review criteria:

1.

There are special and unique conditions which create an undue hardship, which conditions do not apply generally to other types of trees or other properties;

2.

Any alleged hardship is not self-created;

3.

The variance sought is the minimum required to alleviate the hardship;

4.

The granting of the variance shall be in harmony with the general intent and purposes of this division, and specifically section 95-1505, parklike setting;

5.

The variance sought shall be compatible with the natural landscaping existing within the surrounding area.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Any person who shall violate any provisions of this article or fail to comply therewith or with any other requirements hereof shall, upon conviction thereof, be subject to a fine not to exceed five hundred dollars ($500.00), and each day said violation shall exist or be permitted to exist shall constitute a separate offense. Further, with respect to trees, each incident involving each tree shall be considered a separate violation of this article punishable by a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

The planning and zoning board of the city shall enforce the terms of this section and sit as the Parkland tree board.

B.

The Parkland tree board shall have as its duties and responsibilities to study, investigate, council and develop as well as promote the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, recreation, and open space as well as along streets and thoroughfares and in other public areas. The board, when requested by the city commission, shall consider, make finding, report and recommend upon any special matter of question being within the scope of its jurisdiction.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Designation criteria. An arbor street shall be a street designated by the city commission, as set forth herein, based upon the existence of extensive vegetation bordering the street. For designation as an arbor street, the vegetation must be dense in character, contain vegetation or trees in excess of fifteen (15) feet in height for substantial lengths of the road, and creates a rural feel for significant lengths of the road. The city does hereby find that Holmberg Road is an arbor street for its entire length within the city. Other streets may be designated as arbor streets by resolution of the city commission, provided the city makes a specific finding that the requirements set forth above have been met.

B.

Effect. Where a street has been designated as an arbor street, no vegetation of any type whatsoever shall be removed from the right-of-way for the arbor street without the specific permission of the city.

C.

Permit procedure for removing landscape material. Said permission must be granted by the city commission after review by the planning and zoning board. All applications shall first be reviewed by the city landscape architect, who shall make a recommendation with regard to the application. The city shall process any completed application within ninety (90) days of submittal. This provision may be waived by the city manager in cases deemed to be a public emergency. No removal shall be permitted, notwithstanding the fact that there exists in the area an exotic species which would normally be unregulated if the removal of that species or, any other species, would cause the character of the vegetation along the arbor street to be materially changed. The standard for granting permission for a private party to remove vegetation outside of the right-of-way shall be whether the removal of the vegetation shall cause these to be a material diminution in the amount, size, density or quality of this vegetation bordering the road and whether there are commitments to replace the vegetation which maintains the rural and vegetated feel of the road. Replacement buffer shall be installed in no more than ninety (90) days from removal and achieve opaqueness in no more than one (1) year from date of installation.

D.

Trimming restrictions. Unless approved by the city landscape architect in writing, no trimming of vegetation on the right-of-way of an arbor street or within fifteen (15) feet of an arbor street or any undertaking which has the effect of threatening the health of the vegetation on the arbor street or in the case of trees in excess of fifteen (15) feet of height reduces the height of said tree by more than ten (10) percent or, in the opinion of the city landscape architect, is not necessary for the health of the tree. In the case of shrubbery, no trimming of shrubbery in excess of six (6) feet in height may be undertaken which reduces the height of said shrubbery by more than one (1) foot or, in the opinion of the city landscape architect, endangers the health of the shrubbery. The city landscape architect shall provide application forms for obtaining permission to undertake the trimming herein prescribed. The standard for granting permission for a private party to trim vegetation outside of the right-of-way shall be whether the removal of the vegetation shall cause these to be a material diminution in the amount, size, density or quality of vegetation bordering the road, whether there are commitments to replace the vegetation with vegetation which maintains the rural and vegetated feel of the road.

E.

Violations. Any violation of this article shall be punishable by a fine of five hundred dollars ($500.00) or sixty (60) days in prison. Where a violation occurs, each day that the violation continues to exist without immediate remedial action aimed at prompt restoration of the previous condition, shall be considered a separate violation of this article, punishable by a five hundred dollar ($500.00) fine.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Scope of relief. The time for installation of landscaping required by this article may be temporarily extended, in individual cases, by the planning and zoning director in accordance with this section. Where acts of God or other extraordinary circumstances, as identified by the City of Parkland City Commission, Broward County or the State of Florida, create conditions which make their immediate application unduly burdensome, the temporary relief from landscape requirements, as approved by the landscape plan, shall be for a limited period of time not to exceed ninety (90) days from the date of agreement issuance.

B.

Application for relief. An application of temporary relief from landscape standards shall be submitted prior to the final landscape inspection request, accompanied by a landscape plan, identifying the plantings that have been postponed, the proposed planting schedule and the costs of the suspended planting. Planting cost estimates may be independently verified by the City of Parkland Planning Department at the applicant's expense. The hourly landscape plan review fee will be applied for all review and cost estimate verification.

C.

Surety. Pending the review of the application of temporary relief from landscape standards, the property owner shall enter into an agreement, as approved by the city attorney, with the City of Parkland to allow issuance of the permit, certificate of occupancy or certificate of completion, only if the property owner provides adequate guarantee or surety that the terms of this section are met. The guarantee shall consist of a performance bond or other surety acceptable to the city attorney in an amount equal to one hundred twenty-five (125) percent of the direct costs of materials, labor and any other costs, as determined by the city landscape architect, for completing the installation of the required landscaping. Performance bonds or other guarantees required pursuant to this section shall name the City of Parkland as a beneficiary and specify the time frame for the completion of the landscape installation. If the owner defaults under the agreement, the city may access the bond and hold the proceeds for the purposes of doing the work where access to the property will be required, or as a penalty at the city's sole discretion. Additionally, the fact that the city accepts the bond and keeps the funds as a penalty shall not relieve the owner from the obligation to comply with the landscape requirements, and the city may prosecute the owner for failure to comply with those requirements.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

A.

Synthetic turf may be permitted on properties used for residential, commercial, or recreational purposes, subject to the requirements and procedures set forth in this section.

B.

Except for turf strips within patterned driveways located in the front yard, synthetic turf may only be utilized in the side and rear yards of residentially zoned properties. Turf strips may not exceed six (6) inches in width and may not account for more than twenty (20) percent of the overall driveway surface.

C.

The installation of synthetic turf on nonresidential properties shall require approval of the community appearance board prior to installation.

D.

Synthetic turf shall comply with all the following design standards and shall:

(1)

Simulate the appearance of live turf, organic turf, grass, sod, or lawn, as determined by the city, and shall have a minimum eight-year "no fade" warranty.

(2)

Be of a type known as cut pile infill with pile fibers of a minimum height of one and three-quarters (1.75) inches and a maximum height of two and one-half (2.5) inches. Synthetic turf utilized for sport courts, putting greens, or similar recreational game court areas are exempted from these height requirements.

(3)

Have a minimum face weight of seventy-five (75) ounces per square yard.

(4)

Be manufactured from polyethylene monofilament, dual yarn system, and manufactured in the United States.

(5)

Have backing that is permeable.

(6)

Be lead free and non-flammable.

E.

Synthetic turf shall comply with all the following installation standards and shall:

(1)

Be installed in a manner prescribed by the manufacturer.

(2)

Be installed over a subgrade prepared to provide positive drainage and an evenly graded mass of compacted, porous crushed rock aggregate material that is a minimum of four (4) inches in depth, or as prescribed by the manufacturer specifications, whichever is greater.

(3)

Not adversely affect the drainage of adjacent properties, public or private rights-of-way, or overall drainage of the site or development in which it is located.

(4)

Be anchored at all edges and seams.

(5)

Not have visible seams between multiple panels.

(6)

Have seams that are joined in a tight and secure manner.

(7)

Have an infill medium consisting of clean silica sand or other mixture, pursuant to the manufacturer's specifications or as approved by the city engineer, that shall:

a.

Be brushed into the fibers to ensure that the fibers remain in an upright position.

b.

Provide ballast that will help hold the turf in place.

c.

Provide a cushioning effect; and

d.

Be installed so that irrigation systems proximate to the synthetic turf shall be capped, directed, or otherwise treated so that no irrigation affects the synthetic turf.

F.

Synthetic turf shall comply with all the following maintenance standards and shall:

(1)

Be maintained in an attractive and clean condition, and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces or edges, heat degradation or excessive wear.

(2)

Be maintained in a green fadeless condition and free of weeds, debris, and impressions.

G.

The following uses are prohibited:

(1)

Synthetic turf installed in public or private rights-of-way or swales.

(2)

Synthetic turf installed in drainage easements or lake maintenance easements.

(3)

Synthetic turf treated as a filler for landscaping that is not part of a planned element of landscaping.

H.

All use of synthetic turf, including re-installation, shall require a building permit. The building permit application shall include, at a minimum, all the following information:

(1)

A survey depicting all existing easement locations on the property.

(2)

A complete landscape plan showing the area of synthetic turf, area of living plant material and method of separation between living plant material and synthetic turf.

(3)

Details regarding changes to existing or proposed irrigation proximate to the synthetic turf.

(4)

Brand and type of synthetic turf including manufacturer specifications and warranties.

(5)

A scaled cross section and details of the proposed materials and installation, including, but not limited to, subgrade, drainage, base or leveling layer, and infill.

(Ord. No. 2020-016, § 3, 11-18-2020; Ord. No. 2022-007, § 2, 8-17-2022)