It is the purpose of this article to establish certain regulations pertaining to the establishment of functional landscaping in the City of Sunrise, whether within the right-of-way or on-site. These regulations provide for the protection of existing trees, provide for the conservation of energy through the shading of buildings and equipment, and provide standards and criteria for new landscaping, thereby promoting the health and general welfare of the citizenry and at the same time maintaining and improving the aesthetic quality of the City of Sunrise. See also landscape buffer sections of Article X.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

Prior to the issuance of a building permit for any principal building other than a single-family home, a landscaping plan shall be submitted to the city in conjunction with the site plan approval process in Article III.

(b)

Landscaping plans shall be rendered by a registered landscape architect, and shall contain the following information:

(1)

A vegetation survey, dated within two (2) months of the application submittal, which identifies existing trees and other vegetation with appropriate descriptions and existing conditions;

(2)

Location of all existing trees to be preserved;

(3)

The dimensions and radii of the landscape elements of the proposed development including the location of plant material, surface material, landscape features and furnishings;

(4)

Drawings must be on a twenty-four (24) inch by thirty-six (36) inch sheet and shall be drawn to scale;

(5)

Identification of the species, size, and location of plant materials. A plant list shall be included on the drawing and shall include the scientific name, the common name, the installed size and height, and relevant horticultural notices, such as spread and trunk diameter for trees, planting technique, topsoil depth for groundcover, mulching material and depth for shrub areas, etc. A surface materials list shall be included on the drawing and contain the materials used such as asphalt, concrete, stone, mulch, etc., with a description of each. All planter walls and other landscape furnishings shall be described through drawing and specifications to illustrate their construction or method of attachment. All existing trees over three (3) inches in diameter to be removed or retained shall be so noted. All new plant materials shall be shown with the required items so noted.

(6)

Layout of sprinkler irrigation systems, including identification of all water sources.

(c)

No building permit for a principal building shall be issued unless the landscape plan complies with the provisions of this article, and no certificate of occupancy shall be issued until the requirements of this article are met, except that in RS-3 and RS-5 districts a certificate of occupancy may be issued prior to the installation of the sod on individual lots.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-07-C, § 8, 6-27-07)

(a)

Plant materials. All landscaping shall be installed according to accepted planting procedures of the American Society of Landscape Architects including:

(1)

Grouping at entry drives: Trees and palms having a mature crown spread of less than twenty-five (25) feet may be installed and substituted for two (2) required perimeter trees at property vehicular access points provided that only one (1) such grouping shall count as the equivalent of two (2) required perimeter trees and the remaining required perimeter trees are properly spaced as per this article. In such groupings at least one (1) tree shall have a minimum clear trunk in excess of six (6) feet in height.

(2)

Beds: Trees shall be protected from lawn equipment by provision of twenty-four-inch mulch beds at base.

(3)

Soil: All trees and shrubs will be planted in a planting soil consisting of a mixture of fifty (50) percent mulch and fifty (50) percent clean, brown sand. Planting holes will be twice the size of ball of the tree or shrub being planted. The burlap shall be removed from the top one-third (⅓) of the ball of material.

(4)

Mulch: Three (3) inches of mulch is required around all planting material.

(5)

Irrigation: Watering shall commence immediately upon installation and provisions made for continued irrigation pursuant to SFWMD restrictions as may be placed from time to time to reduce the probability of shock.

(6)

Guying and propping: Palms shall be supported by props; the trunks shall be padded and 2 × 4's banded with no nails in the trunk of the tree. Canopy trees shall be adequately guyed with trunks and limbs to be protected from wire by hose.

(7)

Locations: Where existing buildings or infrastructure prohibit or infringe upon the appropriate planting practices or proper growth of any required tree, the city may allow the required tree to be planted or relocated elsewhere on the property. Trees designated to be planted adjacent to utility lines, must follow the Florida Power and Light "right tree-right place" guidelines.

(8)

Permitting and inspection: A qualified representative of the department shall issue a permit and inspect all landscaping, and shall be notified as to the time of installation.

(b)

Irrigation system: All landscaped areas, excluding individual single-family lots in RS-3, RS-5 and RS-7 districts, shall be provided with an underground rust-free sprinkler irrigation system. The irrigation system must be designed to have a minimum of one hundred (100) percent coverage with fifty (50) percent minimum overlap using rust-free water and must be suitable for connection to the city's reclaimed water system. A lower level of coverage shall be authorized only in those areas where all plant materials are native.

(1)

Whenever practical, high water and low water use areas shall be circuited as noted below.

(2)

Irrigation controllers shall be switched to manual operation during periods of increased rainfall. Automatic lawn sprinklers shall include a rain sensor device which shall override the irrigation cycle of the sprinkler system once adequate rainfall has occurred.

(3)

The following standards shall be considered the minimum requirements for landscape irrigation design within the jurisdiction of the South Florida Water Management District:

a.

Sprinkler zoning: Sprinkler heads irrigating lawns or other high water demand landscape areas shall be circulated so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduce water requirement areas;

b.

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

(4)

Landscape irrigation shall be designed so that, to the greatest extent practical, water being applied to nonpervious areas is eliminated.

(5)

Use of reclaimed water for use in the irrigation of lawn and plant material is required when determined to be available, in accordance with Chapter 15, Article V of this Code. If reclaimed water is determined to not be available, use of nonpotable water for use in the irrigation of lawn and plant material is required when determined to be available.

(6)

If reclaimed water is not currently available, connection to the city's reclaimed water system shall occur as prescribed by Chapter 15, Article V of this Code when notice of availability is received from the city.

(c)

Landscape lighting. Lighting, uplighting, and strip lighting may be used to accent trees, palms and other landscaping provided that the installation of the lighting does not damage or prohibit the growth of landscape material. Any damage caused to trees and palms associated with landscape lighting shall be considered tree abuse and shall be subject to the provisions of section 16-173 of this Code.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-12-K, § 2, 12-28-12; Ord. No. 402-14-A, § 3, 1-14-14; Ord. No. 402-15-A, § 2, 8-11-15; Ord. No. 402-23-C, § 3, 6-27-23)

(a)

Responsibility. The owner, tenant, and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.

(b)

Violations. If at any time after the issuance of a certificate of occupancy, the landscaping of a development to which this article is applicable is found to be in nonconformance, the department shall issue a notice to the property owner that action is required to comply with this article and shall describe what action is necessary to comply. The owner, tenant, or agent shall have thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Code.

(c)

Median and swale agreements. Parties subject to maintenance agreements with the city relative to medians and swales with the public right-of-way shall be subject to the above requirements plus any other provisions of the agreement.

(d)

Warranty for landscaping in public right-of-way. Where a developer is required to improve a public right-of-way with landscaping and/or irrigation, all plant materials and irrigation systems shall be warranted for a period of six (6) months from the date of acceptance by the city. A copy of the warranty shall be presented to the city prior to final acceptance.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

Quality. Plant materials used in conformance with provisions of this article shall conform to the standards of Florida No. 1 or better as specified in the Grades and Standards for Nursery Plants of the Florida Department of Agriculture. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached, indicating the seed growers compliance with the department's quality control program. Any and all applications of pesticide products for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator shall be made in accordance with state and federal law and with the most current version of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (Florida Department of Environmental Protection).

(b)

Soil. Topsoil shall be clean and reasonably free of construction debris, weeds, rocks, and noxious pests and disease. The topsoil for all planting areas shall be amended with a minimum of forty (40) percent of muck or horticulturally acceptable organic material. The minimum topsoil depth shall be six (6) inches for groundcover areas and two (2) inches for sodded grass areas.

(c)

Paved or architectural surfaces. Paved or architectural surfaces within a landscaped area shall be free of weeds, pests, and diseases. Paved or architectural surfaces shall not exceed ten (10) percent of the landscaped area.

(d)

New trees.

(1)

Native diversity. Native trees shall constitute a minimum of fifty (50) percent of the trees required by this article. In addition, no one (1) species of tree may constitute more than thirty (30) percent of the trees or palms required by this article.

(2)

Slowgrowing. Native and non-native trees that have a mature height of less than twenty-five (25) feet may constitute up to twenty-five (25) percent of the trees or palms required by this article. Slowgrowing trees at the time of installation shall be a minimum height as specified by the approved plant list.

(3)

Size at maturity. Trees not covered in subsection 16-165(d)(2) shall be of a species having an average mature crown of greater than twenty-five (25) feet and having trunks which can be maintained with over six (6) feet of clear wood. Trees or palms having an average mature crown spread of less than twenty-five (25) feet may be substituted by grouping the same so as to create the equivalent of a twenty-five-foot crown spread. Such a grouping shall count as one (1) tree toward meeting the tree requirement for any provision herein. If palms are used, they shall constitute no more than thirty (30) percent of the total tree requirements for any provisions herein and shall have a minimum of six (6) feet of clear wood.

(4)

Adjacent to street. Trees used in the required landscaping adjacent to a public right-of-way are subject to the specific approval of the department so that the character of the public street can be maintained; see section 16-166 for additional clarification.

(5)

Size at planting. Trees at the time of installation shall be a minimum height of twelve (12) feet with a minimum crown spread of six (6) feet except any tree required under section 16-170 or designated as slow growing on the approved plant lists. A minimum twenty-five (25) percent of the total required trees for the plot shall be specimen trees. Specimen trees shall be one-third (⅓) greater in height and spread than the minimum required size at planting including requirements for pedestrian zones. Specimen trees shall be used to define entries and circulation, reduce the scale of buildings and parking lots, and provide screening. Existing trees may be used to meet specimen tree requirements where their size and location conforms to this section. Any trees with limbs protruding over a pedestrian or bike path shall not have branches lower than six (6) feet eight (8) inches from the walkway. Larger trees may be required through the site plan approval process when it is determined that the scale of the project or the need for screening warrants a corresponding increase in the size of the required trees. Trees of species whose roots are known to cause damage to public roadways, sidewalks or other public facilities shall not be planted closer than fifteen (15) feet to such public facilities. A list of such tree species shall be maintained by the department for the guidance of the public.

(e)

Shrubs and hedges. Shrubs shall be a minimum of twenty-four (24) inches in height when measured immediately after planting. Hedges, where required, shall be planted twenty-four (24) inches on center and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after time of planting. Hedge branches shall touch at time of planting. No one (1) species of shrub or hedge shall constitute more than twenty-five (25) percent of mid-level landscaping required by this article.

(f)

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

(g)

Groundcover. Groundcovers used in lieu of grass in whole or in part shall be planted with a minimum of seventy-five (75) percent coverage with one hundred (100) percent coverage occurring within three (3) months of installation.

(h)

Lawn grass. All grass areas shall be sodded using St. Augustine Floratam only. Excessively large turf areas, such as play fields, or retention areas may be seeded or sodded with alternative grass species with approval of the department.

(i)

Low, mid and upper level landscaping: The minimum quantity of low level landscaping shall be sufficient to cover fifty (50) percent of the length of adjacent required mid level landscaping. The minimum number of shrubs in the mid level landscaping shall be one (1) shrub per two (2) feet of the length of the required landscaped area. Except as required elsewhere in this article, the minimum number of large shrubs or small trees required for upper level landscaping shall be ten (10) percent of the required number of shrubs for adjacent mid level landscaping.

(j)

Plant lists. For the purpose of satisfying the minimum requirements of this article, plant material species shall be in accordance with the approved plant lists maintained by the department. The community development director or his/her designee shall have the authority to revise the approved plant lists due to information which restricts or changes the fitness or practicality of a species for a particular use.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-97-I, § 4, 10-28-97; Ord. No. 402-98-B, § 9, 6-9-98; Ord. No. 402-09-C, § 2, 2-10-09; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-12-K, § 3, 12-28-12; Ord. No. 402-15-A, § 3, 8-11-15)

(a)

Spacing and locations.

(1)

Spacing of street trees will be in accordance with species size classes listed on the approved city tree list. Measurements are on-center. No trees may be planted closer together than twenty-five (25) feet except in special planting designed by a landscape architect and approved by the department.

(2)

No trees may be planted less than four (4) feet from any curb or sidewalk, except in the following instances:

a.

Trees may be planted less than four (4) feet from median curbs, when there is sufficient lighting and/or reflectors, which sufficiency shall be determined by the department.

b.

Trees may be planted less than four (4) feet from curbs, roadway pavement edges or sidewalks within swales when it can reasonably be determined by the department that the public safety will not be endangered and that the adjacent property owner(s) have executed the city's standard release of liability form, on file with the city planning and engineering department.

(3)

No street tree may be planted less than twenty-five (25) feet from any street corner, measured from the point of nearest intersecting curbs or roadway pavement edges unless specifically authorized by the department. No street tree may be planted less than ten (10) feet from any fire hydrant.

(4)

No street trees other than those species listed as small trees on the approved city tree list on file with the city planning and engineering department may be planted under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) feet of any underground water line, sewer line, transmission line or other utility.

(b)

Tree care.

(1)

Pruning and corner clearance: Every owner of any tree overhanging street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view from any intersection and so that there shall be a clear space of six (6) feet, eight (8) inches above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, interferes with visibility of any traffic control device or sign, or interferes with sight distance relative to vehicles.

(2)

Licensed tree trimmers: Any person or firm to engage in the business of pruning, treating, or removing street or park trees within the city shall have a valid local business tax receipt from Broward County or the City of Sunrise and a valid certificate of competency. No local business tax receipt shall be required of any utility company or city employee doing such work in the pursuit of their utility or city employment.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 76-07-A, § 55, 9-11-07)

(a)

The city shall have the right to initiate the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. Upon written direction from the department, the code enforcement officer shall notify, in writing, the owners of such trees. Removal shall be done by said owners, at their own expense, within twenty-one (21) days after the date of service of notice.

(b)

All stumps shall be removed below the surface of the ground.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between two (2) feet six (6) inches and eight (8) feet; provided, however, trees or palms having limbs or foliage extending into the cross-visibility area shall be allowed, provided they are so located so as not to create a traffic hazard. Landscaping except required grass and groundcover shall not be located closer than three (3) feet from the edge of any accessway pavement or swales within the triangular area. The triangular areas above referred to are:

(1)

The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides.

(2)

The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being twenty-five (25) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) sides. Landscape plans shall show these lines.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

Required landscape strip adjacent to the street rights-of-way.

(1)

Berms and walls:

a.

In general: A bermed landscaped strip at least fifteen (15) feet in width is required abutting a street right-of-way, except that when abutting a trafficway, a bermed landscaped strip at least twenty (20) feet in width is required. For gas stations, a bermed landscaped strip at least twenty-five (25) feet in width is required abutting a street right-of-way, except that when abutting a trafficway, a bermed landscaped strip at least thirty (30) feet in width is required. Within the B-7 Office Park district, a waiver may be granted to permit a landscaped strip of a minimum of five (5) feet in width abutting a street right-of-way, if the applicant is determined to meet the requirements of section 16-171.

b.

I-1 exception: Where an I-1 district is across the street from a residential district on a trafficway, a bermed landscaped strip at least twenty-five (25) feet in width is required. For gas stations, a bermed landscaped strip at least thirty (30) feet in width is required.

c.

Berm design specifications: The required landscaped berm shall be constructed so that the average height of the berm plus hedge or shrub line shall be at least four (4) feet. The berm must be a minimum of twenty-four (24) inches in height and may be continuous or rolling.

d.

Where residential developments abut a street right-of-way or designated open space abutting such rights-of-way, a bermed landscaped strip at least twenty (20) feet in width is required. Where residential developments abut a trafficway or designated open space abutting a trafficway, a bermed landscaped strip at least twenty-five (25) feet in width is required. Such landscaped strips shall contain a combination of berm and masonry or concrete wall at least six (6) feet in height where abutting a street right-of-way and at least eight (8) feet in height where abutting a trafficway. The wall shall be set back ten (10) feet from the sidewalk. Low, mid, and upper level landscaping and one (1) tree per twenty-five (25) feet shall be planted on the exterior side of the wall. Walls required under this section shall conform to section 16-192. No portion of any wall required by this section shall encroach into any landscape buffer unless said buffer is greater than ten (10) feet in width.

(2)

Tree specifications: A required landscape strip shall include one (1) tree per each twenty-five (25) lineal feet or fraction thereof. No branching shall be permitted below five (5) feet except when said branches overhang a pedestrian or bike path, in which case no branching shall be permitted below six (6) feet, eight (8) inches.

(3)

Other specifications: In addition, the remainder of the required berm landscape strip shall be landscaped with sod, groundcover or other landscape treatment and a sprinkler system shall be installed in conformance with section 16-163. The swale area between the property line and the street pavement shall be sodded and irrigated. Landscape architectural paving such as pedestrian walkways, may not cover more than ten (10) percent of the total area except when such paving is more than fifty (50) percent pervious, whereby fifteen (15) percent may be covered. In addition, bus pull-out bays and shelters may encroach in the required landscape strip along roadways, subject to department approval.

(b)

Required perimeter landscaping adjacent to abutting properties.

(1)

Multifamily districts: When a RM-10, RM-16, or RM-25 or P.U.D. district abuts a residential RS-3, RS-5 or RS-7 district, a landscape buffer at least twenty (20) feet in width abutting the adjacent property shall be required. When a RM-10, RM-16, or RM-25 or P.U.D. parcel abuts any other parcel a landscape buffer at least ten (10) feet in width abutting the adjacent property shall be required. Landscape buffers shall include, as a minimum, one (1) tree per each twenty-five (25) lineal feet or fraction thereof and mid level landscaping. Clustering of trees may be permitted at the discretion of the department. In addition a six-foot high wall is required along the property line between parcels.

(2)

Landscaping: In addition, the remainder of this landscaped strip shall be landscaped with sod, groundcover or other landscape treatment, excluding paving.

(3)

Commercial and industrial: In B-1, B-2, B-3, B-3A, B-4, B-5, B-6, B-7, and CF districts, where abutting any residential district (and not separated by a street, alley, canal or other open space with a minimum width of eighty (80) feet), a five-foot landscaped buffer strip shall be provided. In an I-1 district, a twenty (20) feet landscaped buffer is required abutting a residential district. The required landscape buffers shall include one (1) tree per each twenty-five (25) lineal feet or fraction thereof. Clustering of trees may be permitted at the discretion of the department. In addition, a concrete or masonry wall, shall be erected along such abutting property line; it shall be ten (10) feet in height and otherwise conform with subsection 16-192(a).

(4)

Canal, lake or open space separation: In all zoning districts, where abutting a canal, mid and upper level landscaping is required with small trees spaced no greater than twenty (20) feet on center and shrubs spaced at no greater than two (2) feet on center, in lieu of the wall and canopy tree requirements. When abutting a lake or open space area with a minimum width of eighty (80) feet, the canopy tree requirement must be met, however, a wall is not required.

(5)

Gas station: See sections 16-136 and 16-192(a). Gas stations shall conform to the following additional requirements:

a.

Entry feature landscaping. Entry feature landscaping consisting of trees, low, mid and upper level landscaping shall be provided in the perimeter of project entries and in project entry medians, if any. The entry feature landscaping shall extend, on both sides, the length of the entry drive up to an intersecting drive or parking spaces of a parking lot. The entry feature landscaping shall extend parallel to the abutting public right-of-way or private street one-half (½) the width of the right-of-way in both directions from the intersection of the right-of-way and the edge of pavement of the entry drive or to the property line whichever is less. Nonetheless, the minimum required extent of the entry feature landscaping for secondary entries shall be one-half (½) the minimum extent for other entries. Secondary entries shall be those entries used primarily for service access to the site.

b.

Corner feature landscaping. Corner feature landscaping consisting of trees, low, mid and upper level landscaping shall be provided abutting the intersection of public rights-of-way or private streets. The corner feature landscaping shall extend parallel to the abutting public rights-of-way or private streets not less than one-half (½) the width of the abutting rights-of-way in both directions from the intersection of the abutting right-of-way lines of public or private streets.

c.

Plant materials for entry and corner features. The minimum number of trees shall be one (1) tree per twenty-five (25) feet of required landscaping. The minimum number of shrubs in the mid level landscaping shall be one (1) shrub per two (2) lineal feet of entry or corner feature landscaping. The minimum quantity of low level landscaping shall be sufficient to cover one hundred (100) percent of the length of adjacent required mid level landscaping. The minimum number of shrubs required for upper level landscaping shall be sufficient to cover fifty (50) percent of the length of adjacent required mid level landscaping. Shrubs used for upper level landscaping shall have a minimum spread equal to seventy-five (75) percent of their spacing. Fountain walls or required perimeter buffer shrubs may be used to satisfy the mid level landscaping requirement.

d.

A hedge or shrub line is required elsewhere in this section for all bermed landscaped strips abutting all external streets. In addition to the hedge or shrub line, low level landscaping shall be planted on the exterior side of said hedge or shrub line sufficient to cover one hundred (100) percent of the length of adjacent hedge or shrub line.

e.

Specimen trees. At the time of installation not less than twenty-five (25) percent of the total required trees for the plot shall be specimen trees. Specimen trees shall be one-third (⅓) greater in height and spread than the minimum requirement for one (1) tree including requirements for pedestrian zones. Specimen trees shall be used to define entries and circulation, reduce the scale of buildings and parking lots, and provide screening. Existing trees may be used to meet specimen tree requirements where their size and location conforms to this section.

(6)

Between business uses: Where a nonresidentially zoned or utilized parcel abuts another nonresidentially zoned or utilized parcel, a five-foot wide landscaped buffer strip shall be provided within each parcel. The required landscaped buffer strip shall include one (1) tree per twenty-five (25) lineal feet or fraction thereof. Clustering of trees may be permitted by site plan approval. Notwithstanding the above, this section shall not apply to abutting nonresidential parcels which are site planned and designed to form a single or integrated nonresidential development.

(7)

Wall design: Walls required under this section shall conform to section 16-192.

(8)

Transformer substations: See section 16-129. Transformer substations shall conform to the following special requirements:

a.

A fifteen-foot wide landscape strip shall enclose the exposed equipment area. The landscape strip shall include shall trees planted with a spacing equal to their spread at time of installation and low, mid, and upper level landscaping abutting the exterior of the exposed equipment area. Such shall trees and landscaping shall abut the exterior side of decorative walls where required. The minimum number of shrubs in the mid level landscaping shall be one (1) shrub per two (2) feet of the perimeter of the exposed equipment area. The minimum quantity of low level landscaping shall be sufficient to cover fifty (50) percent of the length of adjacent required mid level landscaping. The minimum number of shrubs required for upper level landscaping shall be sufficient to cover one hundred (100) percent of the length of adjacent required mid level landscaping. Shrubs used for upper level landscaping shall have a minimum spread equal to seventy-five (75) percent of their spacing.

b.

In addition to the landscaped strip and small trees abutting exposed equipment areas, a bermed landscaped strip abutting all external streets shall be required according to this section. The perimeter of plots not abutting external streets shall include one (1) tree per each twenty-five (25) lineal feet in addition to the required small trees abutting exposed equipment areas.

c.

The minimum size of trees at time of installation shall be twelve (12) feet high with six (6) feet spread except that where there is no interference with overhead lines, perimeter trees abutting external streets shall be a minimum of sixteen (16) feet in height with eight (8) feet spread at time of installation. There shall be no substitution of trees less than the minimum height at time of installation.

d.

Plant material shall be planted according to good horticultural practice and shall have the quality required by this article. All landscaped areas shall be maintained in a healthy, growing condition, properly watered and trimmed, and otherwise conform to this article.

(c)

Parking area interior landscaping.

(1)

Quantity: In addition to the other requirements of this section, all off-street parking areas shall have a minimum requirement of twenty-five (25) square feet or interior landscaping per each required parking space exclusive of the required perimeter landscaped strip. Such separate landscaped areas shall consist of either sod, groundcover, shrubs, trees or any landscape treatment excluding paving. There shall be a minimum of one (1) tree per each eight (8) required parking spaces.

(2)

Design: All head to head rows of parking spaces shall be separated by such landscaped islands, and shall be located so as to divide the groups of parking spaces. No grouping of parking spaces shall exceed eight (8) in a row and a tree shall be planted every twenty-five (25) feet.

a.

Landscaped areas shall have the following dimensional requirements: Landscaped islands shall be a minimum of eight (8) feet wide, not including curbing. Interior landscaped islands shall be eighteen (18) feet long and exterior landscaped islands shall be twenty (20) feet long, including curbing. Medians between head-to-head parking spaces shall be eight (8) feet wide, not including curbing. For office buildings with one hundred thousand (100,000) square feet, or more, of floor area the median width may be reduced to six (6) feet wide, not including curbing.

b.

Landscaped areas, including landscaped islands, within or abutting vehicular use areas shall be excavated to a depth of two and one-half (2½) feet to ensure that adequate planting soil exists. Parking lot base course material, limerock, asphalt and other similar material shall be removed to a depth of two and one-half (2½) feet.

c.

Landscaped areas of landscaped islands or medians between head-to-head parking spaces may be clustered, combined, moved, or added to other landscaped areas for the purpose of preservation of trees or when the proposed parking lot design incorporates all of the following:

1.

Is designed to be viewed from above as well as eye level.

2.

Is designed for multiple use.

3.

Is designed to be compatible with the building or the neighborhood which it serves.

4.

Is designed to be parklike or as an urban plaza.

5.

Contains pavement which is varied in texture and color.

6.

Contains sculpture, fountains, gardens, pools or benches.

7.

Contains lighting which is designed not only from the standpoint of safety and resistance to vandalism but for visual effect. Contains parking lot lighting fixtures which are selected not only for their functional value but for their aesthetic qualities and can be considered part of the furniture of the parking lot both day and night.

If such alternative parking lot design is used, there shall be no reduction of required landscaped area, required trees, or traffic safety. The total landscaped area and number of required trees in the parking lot shall be equivalent to the landscaped area and number of trees required when the landscaped areas of landscaped islands or medians between head-to-head parking spaces are not clustered, combined, moved, or added to other landscaped areas.

(d)

Foundation or pedestrian zone landscaping.

(1)

Pedestrian zone: A pedestrian zone is defined as a setback from any building facade facing a parking area, drive or residential district. In no case shall the required pedestrian zone have a foundation planting area less than eight (8) feet in width; nor shall more than five (5) feet of the width of the required pedestrian zone be paved except for necessary access perpendicular to building entries. The width of the pedestrian zone used to satisfy these requirements shall be no less than ten (10) feet. The minimum average width of pedestrian zones shall be as follows:

Those portions of the pedestrian zone having the greatest width shall be located where necessary to soften and enhance building facades, at building entries, and include pedestrian circulation. A minimum of five (5) feet of the width of the required pedestrian zone shall be clear of roof overhang. Building facade height shall mean the height of a building to the edge of the roof excluding towers and actual roofs. Drive-thru facilities, or loading/overhead doors in industrial/warehouse buildings are exempt from these provisions. Any requirements of this subsection may be waived up to a maximum of fifty (50) percent within the B-7 Office Park zoning district, if the applicant meets the requirements of section 16-171. Required plant material and areas for pedestrian zones and foundation planting may be transferred elsewhere within the site plan or within five hundred (500) feet of the site plan.

(2)

Plant materials: In addition to the other requirements of this article, all multifamily and all nonresidential development shall have one (1) large evergreen shade tree installed per each thirty (30) feet of pedestrian zone except areas under a canopy. Trees or palms having an average mature crown spread of less than twenty-five (25) feet may be substituted for one (1) large evergreen shade tree by grouping the same so as to create the equivalent of a twenty-five-foot crown spread. Trees may be grouped, if approved through the site plan approval process, but there must be a minimum of one (1) tree per pedestrian zone. Nonetheless, the requirements of this subsection concerning trees are deleted for gasoline stations if such trees cause a line of sight obstruction.

Foundation landscaping in these pedestrian zones shall include low, mid, and upper level landscaping and shall cover not less than eight (8) feet or fifty (50) percent of the width, whichever is greater, of the required pedestrian zone including areas under a canopy. Mid level landscaping shall consist of shrubs and the minimum number of shrubs in the mid level landscaping shall be one (1) shrub per two (2) linear feet of pedestrian zone not paved for pedestrian use. Lawn grass is not permitted within that portion of the pedestrian zone reserved for foundation landscaping. Annuals, if used, shall cover not more than ten (10) percent of the pedestrian zone. Within the B-7 Office Park zoning district, a waiver of the requirements of this subsection may be granted to permit the transfer of plant materials required for landscaping, allowing landscaping required by this subsection to be located elsewhere within the same site plan or within five hundred (500) feet of the site plan, if the applicant meets the requirements of section 16-171.

_____

(3)

Tree dimensions:

_____

(4)

Non-pedestrian zone: Sides of structures not oriented to residential or vehicle use area view may be exempt from the above but must provide a foundation planting area of at least five (5) feet. Foundation plantings in these nonpedestrian areas shall include low, mid and upper level landscaping, and shall be required in all multifamily residential, commercial and industrial districts.

(e)

Minimum pervious area. See the individual district requirements in Article V for pervious area minimums per site.

(f)

Entry feature landscaping.

(1)

Quantity: Entry feature landscaping consisting of trees, low, mid and upper level landscaping shall be provided in the perimeter of project entries and in project entry medians, if any. The entry feature landscaping shall extend, on both sides, the length of the entry drive up to an intersecting drive or parking spaces of a parking lot. The entry feature landscaping shall extend parallel to the abutting public right-of-way or private street one-half (½) the width of the right-of-way in both directions from the intersection of the right-of-way and the edge of pavement of the entry drive or to the property line whichever is less. Notwithstanding the above, the minimum required extent of the entry feature landscaping for secondary entries shall be one-half (½) the minimum extent for other entries. Secondary entries shall be defined as those entries used primarily for service access to the site.

(2)

Plant materials: The minimum number of trees shall be one (1) tree per twenty-five (25) feet of required landscaping. The minimum number of shrubs in the mid level landscaping shall be one (1) shrub per two (2) lineal feet of entry feature landscaping. The minimum quantity of low level landscaping shall be sufficient to cover one hundred (100) percent of the length of adjacent required mid level landscaping. The minimum number of shrubs or small trees required for upper level landscaping shall be sufficient to cover fifty (50) percent of the length of adjacent required mid level landscaping. Shrubs or small trees used for upper level landscaping shall have a minimum spread equal to seventy-five (75) percent of their spacing. Required perimeter shrubs may be used to satisfy the mid level landscaping requirement.

(g)

Internal collector drive median landscaping. For all required internal collector drive medians within multifamily districts, the following landscaping shall be required as a minimum: One (1) tree per each twenty-five (25) lineal feet of median or fraction thereof, and a combination of low and mid level landscaping that encompasses a minimum of fifty (50) percent of the median area.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-97-I, § 5, 10-28-97; Ord. No. 402-98-B, § 10, 6-9-98; Ord. No. 402-98-F, § 2, 8-25-98; Ord. No. 402-98-G, § 4, 10-13-98; Ord. No. 402-99-J, § 1, 8-24-99; Ord. No. 402-00-H, § 2, 11-28-00; Ord. No. 402-01-F, § 4, 8-14-01; Ord. No. 402-01-I, § 2, 11-27-01; Ord. No. 402-02-F, § 3, 8-27-02; Ord. No. 402-03-C, § 2, 6-10-03; Ord. No. 402-07-C, § 9, 6-27-07; Ord. No. 402-08-A, § 4, 1-22-08)

(a)

In general. There shall be a minimum of four (4) trees planted per lot except that there shall only be three (3) trees per lot required in RS-7 districts. For all lots larger than eight thousand (8,000) square feet in area, additional trees shall be provided at the rate of one (1) tree per each additional three thousand (3,000) square feet or fraction thereof of lot area. The trees shall be planted so that a minimum of two (2) trees shall be planted in the front yard except that in a RS-7 district, a minimum of one (1) tree shall be planted in the front yard. A minimum of one (1) tree in the front yard shall be a Group A tree from the Approved Plant List for Single-Family Homes. One (1) of the required front yard trees may be planted in the swale adjacent to public right-of-way. Locations and installations of trees shall be in accordance with section 16-163 of this Code. Residential properties built to the specifications of a lower density district shall also be subject to the minimum landscape requirements of that district. There shall also be required a minimum of fifteen (15) shrubs or other approved plant material per lot. In addition, the street yard and swale area shall be sodded with St. Augustine Floratam lawn grass.

(b)

Minimum requirements. All property owners within RS-3, RS-5 and RS-7 zoning districts and all property owners within zoning districts built to the specifications of an RS-3, RS-5 and RS-7 zoning district shall select replacement trees to meet the minimum requirements according to the Approved Plant List for Single-Family Homes. Of this list, a minimum of one (1) tree from the Group A list must be planted in the front yard with the following exceptions.

(1)

When a palm tree selected from the Group A list is used to meet the requirements of a Group A tree in the front yard, the remaining required front yard tree cannot be a Group B palm tree.

(2)

When the front yard has been shown to have properly maintained an amount of trees above the minimum requirement planted prior to January 1, 2013.

(c)

Abutting trafficway. See subsection 16-192(b)(3) for required wall or berm buffer where a single-family subdivision abuts a trafficway.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-05-B, § 4, 6-28-05; Ord. No. 402-12-K, § 4, 12-28-12)

In all OS and CR districts the minimum landscape requirement shall be at least one (1) tree, for every two thousand (2,000) square feet of total lot area. The ground area not covered by building or paving shall be covered with grass, groundcover, trees, shrubs or other decorative landscape materials.

(Ord. No. 402-09-D, § 4, 4-28-09)

Editor's note— Former § 16-171 was renumbered as § 16-174.

(a)

Declaration of intent. The city commission (city) finds and declares that preservation of trees is integral to the prevention of air and water pollution in that trees use their leaf surface to trap and filter out ash, dust and pollen in the air, thereby helping to alleviate air pollution; that the root systems of trees hold and consolidate soil and other loose earthen materials, thereby helping to prevent erosion, reducing non-point source water pollution and maintaining the continued vitality of natural habitats for the propagation and protection of wildlife, birds, game, fish and other aquatic life; and that removal of trees causes increased surface run-off which contributes to water pollution. Owing to the many benefits provided to the community by trees, it is the intent of the city commission, in order to protect the air, land and water, to preserve this valuable natural resource for the health, safety and welfare of the general public. The city recognizes that tree destruction has a cumulative impact that causes severe environmental degradation and causes severe deterioration of the quality of life and, because of this impact, the city finds that tree destruction is a public nuisance that must be controlled. In the evaluation of a tree removal permit, priority shall be given to preservation, relocation, replacement and payment into the city reforestation fund.

(b)

Definitions and documents incorporated by reference. If no definition is provided, and when the context will permit, definitions contained in publications recognized as authoritative in the scientific and engineering fields shall apply. The following documents most recent editions, or as amended from time to time, are adopted as standard and are incorporated into this article by reference: The American National Standards Institute A-300, Tree, Shrub, and Other Woody Plant Maintenance Standard Practices; and z-133.1, Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush-Safety Requirements; Florida Department of Agriculture, Division of Plant Industry, Grades and Standards for Nursery Plants; Jim Clark and Nelda Matheny, Trees and Development; Council of Tree and Landscape Appraisers, Guide for Plant Appraisal Ninth Edition, 2000, 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.

(1)

Breast height means a height of four and one-half (4½) feet above the natural grade.

(2)

Canopy coverage means the areal extent of ground within the drip line of the tree.

(3)

Diameter breast height (DBH) means the diameter of the trunk of a tree measured at breast height. The DBH of trees with multiple trunks shall be the assumed diameter obtained from the sum of the cross-sectional areas of individual trunks at breast height. Trees with less than four and one-half (4½) feet of clear trunk shall be measured at the diameter of the largest vertical branch or leader at breast height.

(4)

Drip line means the peripheral limits of the horizontal crown of a tree spread vertically to the ground, provided, however, that the same shall not be less than a circle with a five-foot radius measured from the center of the tree.

(5)

Effectively destroy means to cause, suffer, allow or permit any act which will cause a tree to die or go into a period of unnatural decline within a period of one (1) year from the date of the act. Acts which may effectively destroy a tree include, but are not limited to, damage inflicted upon the root system by heavy machinery, excessive trimming, changing the natural grade above the root system or around the trunk, damage intentionally inflicted on the tree permitting infection or pest infestation, application of herbicides or other chemical agents or intentional fire damage to the tree permitting infection, or pest infestation, the infliction of a trunk wound that is fifty (50) percent or greater of the circumference of the trunk, or the removal of sufficient canopy to cause the unnatural decline of the tree.

(6)

Land clearing means the clearing of vegetation and soils for the purpose of land development activities. This includes, but is not limited to, construction for buildings, rights-of-way, utility easements or access, drainage ways, parking lots and other structures, rock mining, and agricultural activities that involve the removal off trees as defined by this section.

(7)

Landscape feature means landscaping that has special significance due to size, species, age, historic significance, ecological value, aesthetics, location, or other unique characteristics, or is located on a site of at least thirty (30) acres developed with a use of regional significance (drawing workers and customers from outside of the county), as determined by the department.

(8)

Nuisance tree means any of the following tree species:

a.

Araucaria heterophylla (Norfolk Island Pine);

b.

Bischofia javanica (Bischofia, Bishopwood);

c.

Cupaniopsis anacardiopsis (Carrotwood);

d.

Terminalia catappa (Tropical Almond);

e

Ficus nitida (Cuban Laurel) (When the tree is shown as a tree on an approved landscape plan).

(9)

Off-site, for tree relocation and tree replacement, means any location in excess of one (1) mile from the tree's original location.

(10)

On-site, for tree relocation and tree replacement, means any location one (1) mile or less from the tree's original location.

(11)

Protective barrier means fences or like structures at least four (4) feet in height that are conspicuously colored and prevent or obstruct passage.

(12)

Pruning means to cut away, remove, cut off or cut back parts of a tree for general maintenance purposes.

(13)

Removal means to cut down, dig up, destroy, effectively destroy, or the unlicensed relocation of any tree.

(14)

Structure means anything built or constructed. Examples include, but are not limited to, buildings, trailers, fences, billboards, swimming pools, poles, pipelines, ditches, roads, utility installation, transmission lines, track and advertising signs.

(15)

Substantial deviation means any proposed modification or modification to a development, a permit or a permit application which, either individually or cumulatively with other changes, creates a reasonable likelihood of additional environmental impact, as covered by the scope of this section, or any change or proposed change that may result in any impacts on trees not previously reviewed by the city.

(16)

Tree means any living, self-supporting, dicotyledonous or monocotyledonous wood perennial plant which has a DBH of no less than three (3) inches and normally grows to an overall height for no less than ten (10) feet in southeast Florida. The following are not considered to be trees:

a.

Schinus terebinthifolius (Brazilian pepper tree/Florida holly);

b.

Metopium toxiferum (poison wood);

c.

Melaleuca quinquenervia (cajeput tree/melaleuca);

d.

Casurina spp. (Australian Pine, all species);

e.

Acacia auriculaeformis (earleaf acacia);

f.

Brassaia actinophylla (Schefflera);

g.

Leucaena leucocephala (lead tree);

h.

Ficus nitida (Cuban Laurel) (When the tree is not shown as a tree on an approved landscape plan);

i.

Ficus benjamina (Weeping Fig) (When the tree is not shown on an approved landscape plan).

(17)

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

(18)

Tree survey means a document that includes at a minimum, the following information:

a.

The location plotted by accurate techniques, of all existing trees;

b.

The common and scientific name of each tree;

c.

The DBH of each tree, or if a multiple trunk tree, assumed diameter obtained from the sum of the cross-sectional areas of individual trunks; and

d.

The height and canopy of each tree shall be indicated on the tree survey.

e.

Each tree shall be assigned a condition rating by a certified arborist or registered landscape architect.

f.

A proposed disposition of each tree shall be indicated on the tree survey.

(c)

Permit application. An owner of fee simple title shall apply and obtain approval for a tree removal permit prior to the removal of any tree. After submitting certified approval of the fee simple owner, the agent of the owner, the lessee of the property, optionee, contract purchaser, or holder of an easement shall apply for a tree removal permit. Prior to the removal of any tree, a holder of an easement shall obtain a permit only when the proposed tree removal is consistent with the use granted by the easement. The city shall require that any tree surveys or site plans be prepared by any person qualified to do so under the laws of Florida.

(1)

Application for permit: Application for a tree removal permit shall be made on city forms and be, at a minimum, accompanied by the following documents:

a.

A completed, signed and notarized application form;

b.

A map showing the size and location of the site where the permitted activities are to be conducted;

c.

A starting date and duration of the proposed permitted activities;

d.

A brief description of the work to be performed, including a drawing of the proposed work or a certified site plan as determined by the city showing the location of all existing or proposed buildings, structures, and site uses;

e.

A certified tree survey, and site plan of identical scale designating those trees which are proposed to be preserved, relocated, or removed, unless not required by the city. However, in no case shall a tree survey be required when the property contains five (5) or less trees; and

f.

The certified legal description of the site.

(2)

Application filing fee.

a.

Before any application for a city permit required under this section is accepted for review, a permit application filing fee shall be tendered.

b.

The permit application filing fee is not refundable and may not be applied to any permit applications other than the one (1) for which it was originally paid.

c.

For any substantial deviation from the original application there shall be an additional fee.

(3)

Application for a tree removal permit constitutes consent by the property owner and/or applicant for the city to conduct site inspections on the subject property if deemed necessary by city staff.

(d)

Tree removal permit.

(1)

As a condition precedent of any land clearing and/or site development where any tree removal or relocation is to be conducted, except as otherwise exempted under this section, a person shall be required to obtain a tree removal permit. Any person may submit a sworn affidavit to the city stating that the property the person wishes to develop does not contain trees that are protected under this section. The city may conduct a review or site inspection.

(2)

A tree may be removed only when an applicant has demonstrated to the city that the proposed development cannot be located on the site without the removal of the tree, and that there is no practical way to avoid tree removal. In determining if the applicant may remove trees pursuant to a tree removal permit, the city shall consider at a minimum the following:

a.

The applicant has made every reasonable effort to incorporate existing trees and to minimize the number of trees removed;

b.

The trees proposed to be removed are the minimum number necessary;

c.

The trees proposed to be removed are nuisance trees, of poor quality and appearance, are obstructing safe vehicular cross visibility, are damaging existing improvements, are creating ongoing safety problems for existing development, or are growing in too close proximity to other trees to permit normal growth and development of affected trees consistent with good forestry practices. The applicant must relocate the trees to be removed. If relocation is not a viable solution, an applicant shall replace removal trees. If it is determined that an applicant cannot relocate nor replace removed trees, the applicant shall pay the appropriate fee contribution into the city's reforestation account;

d.

Solar access related to the function of rooftop photovoltaic solar systems, as defined in section 16-277.

(3)

A determination of the extent of environmental impact by the project development as covered by the scope of this section shall be performed by the city. This determination shall be based upon drawings or site plans and a completed tree removal permit application form submitted to the city by the applicant. City staff shall have the right to conduct field inspections.

(4)

The applicant shall be responsible for the relocation or the replacement of trees removed for utilities roads, drainage, and other services constructed to benefit the property for which the application was filed.

(5)

Other trees. The permittee shall only remove those trees so specified in the permit. Any damage to any other tree on the site shall constitute a violation of this section.

(6)

Duration. A permit shall be valid for development for not more than two (2) years from the date of issuance. A one-time extension of up to two (2) years may be issued provided that an updated tree survey is submitted and there is no substantial deviation from the original application and the permit extension complies with all standards in effect at the time of the permit extension. Additional conditions may be imposed in the permit extension when there is a change in site conditions that may effect trees. Where any activity regulated by the tree removal permit has occurred, the permittee must comply with all conditions of the permit even though the permit may have expired.

(e)

Tree relocation.

(1)

Before the city issues a tree removal permit that allows the replacement of any tree, the applicant must demonstrate that relocation is not a viable alternative. Relocation shall occur either within the site or off-site with the concurrence of the city and the property owner. The site shall be in reasonable proximity to the original site and have physiographic conditions similar to the original site. If any tree is to be located either on-site or off-site, a relocation plan shall be submitted. Relocation plans, as required by this section, must first be reviewed and approved prior to granting any tree removal permit. Before a permit is issued for tree relocation, performance bonds may be required to be posted.

(2)

Methods for relocation. The following guidelines shall be utilized to ensure successful transplanting of trees designated for transplanting:

a.

Any tree being relocated shall not be damaged during removal, transport or replanting of that tree.

b.

If the trees have a dormant period, they should be transplanted during that time. Trees should not be transplanted during periods of strong, dry winter winds or during droughts.

c.

Adequate space for root and crown development shall be provided.

d.

Trees shall be root and canopy pruned according to sound arboricultural standards prior to transplanting.

e.

During and following transplanting, the root ball and trunk shall be protected. The root ball must be kept moist at all times.

f.

All transplanted trees shall be braced at time of installation.

All bracing shall be removed after a period of one (1) year from the time of installation.

g.

Transplanted trees shall not be fertilized at planting time, but shall be watered sufficiently until the tree growth is re-established.

h.

All crown pruning and palm pruning shall be done in accordance with scientific and engineering standards.

(f)

Tree replacement.

(1)

Replacement criteria. Trees that are removed and not relocated shall be replaced so that there is, at a minimum, no loss of tree canopy coverage upon maturity of the replacement trees, except for nuisance trees and single-family residences where the standard will be one (1) replacement tree for one (1) removed tree if meeting the minimum requirements of sub-section 16-170(a). For single-family residences, the minimum size for tree replacement at the time of planting shall be a minimum height of nine (9) feet with a minimum crown of five (5) feet for Group A trees as listed on the Single-Family Approved Plant List. Trees removed in excess of the minimum landscape provisions required in section 16-170(a) do not require replacement. A tree removal permit must be applied for and obtained in accordance with section 16-172(c) for the removal of any tree. Performance bonds may be required to be posted. The following procedures shall be used to determine the tree replacement requirements:

a.

Tree canopy coverage on-site and diameter at breast height (DBH) shall first be determined using one (1) or any combination of the following methods: review of aerial photography, on-site inspection, or review of a tree survey. The city shall require the applicant to submit a tree survey in order to make this determination, unless the applicant can demonstrate that it is clearly unnecessary;

b.

Relocation of trees on-site shall be counted as half credit toward equivalent replacement. The guidelines in this section shall be followed for any trees to be relocated;

c.

Native trees identified in the approved plant list shall be required to replace native tree canopy coverage removed;

d.

Tree replacement requirements for non-mature trees: A determination of the number of trees to be replaced shall be performed. This determination shall be based upon the area of impact and the category of replacement trees selected by the applicant. The canopy replacement at tree maturity shall at least equal the canopy removed. The following table shall be used to determine the number of required replacement trees:

e.

Tree replacement requirement for mature trees: A tree appraisal will be performed by the applicant to determine the dollar value of any mature tree approved by the city for removal pursuant to this article. This appraisal shall be pursuant to the Guide for Plant Appraisal, Eighth Edition, as amended. The applicant will then calculate the number of replacements trees required to equal the appraised value of the mature 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 as approved by the city for the removal of the mature tree(s). In no case, shall the minimum number of replacement trees be less than the number of trees required under subsection 16-172(f)(1)(d).

f.

Tree replacement requirement for landscape features: A replacement for any tree that is part of a landscape feature, as defined herein, must maintain the character of the landscape feature. Tree replacements shall match the species, size, and other unique characteristics of the remaining similar trees in the landscape feature, and be consistent with other provisions of the code. A tree appraisal shall be performed by the applicant, pursuant to the Guide for Plant Appraisal, Ninth Edition, 2000, as amended, to determine the dollar value of any tree or palm approved for removal pursuant to this section. The department shall have the sole discretion to approve an alternative replacement(s), if the applicant can demonstrate that the appropriate replacement tree(s) or palm(s) is unavailable or is impracticable to plant in the location of the tree(s) that is being removed. In cases where the appraised value of the tree to be removed exceeds the value of the replacement tree, the difference in value shall be deposited in the city reforestation account in accordance with subsection (i).

(2)

Minimum standards for tree replacement:

a.

All trees to be used as replacement trees shall be a minimum quality of Florida No. 1 grade or better (Florida Department of Agriculture).

b.

Only trees listed in the approved plant lists shall be used as replacement trees. The applicant shall have the option of choosing the category of tree for replacement provided the total square footage of canopy coverage at least equals the area of canopy coverage effectively destroyed, and at least fifty (50) percent, of the replacement trees are from Category 1, except for nuisance trees and single-family residences where the standard will be one (1) replacement tree for one (1) removed tree if meeting the minimum requirements of sub-section 16-170(a). If Category 1 trees are unavailable, then Category 2 trees may be used to fulfill this requirement.

1.

Category 1 - minimum of twelve (12) feet in height and two (2) inches DBH at time of planting (see approved plant list).

2.

Category 2 - minimum of twelve (12) feet in height at time of planting (see approved plant list).

3.

Category 3 - minimum of twelve (12) feet in height at time of planting (see approved plant list).

4.

Category 4 - this covers replacement palm trees - minimum of six (6) feet clear trunk or greywood at time of planting (see approved plant list).

c.

Should it be demonstrated to the city that the minimum tree size is unavailable, smaller, Florida No. 1 or better trees may be substituted.

(3)

Replacement trees shall not be removed or effectively destroyed unless approval has been granted by a valid tree removal permit. The original permittee and owner of any property on which trees have been replaced or relocated shall place of record a notice that shall inform subsequent purchasers, assigns and occupants of the replacement site that trees on the replacement site may not be removed without a valid tree removal permit.

(4)

For tree replacement requirements of one (1) to five (5) trees, a minimum of one (1) species shall be utilized as a replacement tree. For six (6) to ten (10) replacement trees required, a minimum of two (2) species shall be utilized. For eleven (11) to twenty (20) replacement trees required, a minimum of three (3) species shall be utilized. For twenty-one (21) to fifty (50) replacement trees required, a minimum of four (4) species shall be utilized. For fifty-one (51) or more replacement trees required, a minimum of five (5) species shall be utilized.

(5)

For trees proposed to be removed pursuant to the following, an additional fifty (50) percent tree replacement shall be required:

a.

When a proposed development cannot be located on the site without tree removal;

b.

When the applicant has made every reasonable effort, to incorporate existing trees in the development project and to minimize the number of trees removed;

c.

When a tree proposed to be removed is of poor quality and condition.

(g)

General relocation/replacement conditions.

(1)

Any tree remaining on-site shall not be damaged while relocating trees or planting or preparing the site for any replacement trees.

(2)

Replacement of relocated trees shall not be placed where they will interfere with existing or proposed utilities, either above or below ground. Acceptable trees that can be planted in the vicinity of overhead power lines are listed in the approved plant list.

(3)

Where practicable, replacement tree species, installation methods and maintenance methods shall follow Florida-friendly landscaping practices as amended from time to time by the Florida Department of Environmental Protection.

(4)

The permittee shall replace each tree specified in the permit within a time period of up to six (6) months with city approval. A time extension may be granted if future construction will endanger the replacement trees. However, where an extension for planting has been granted, each tree specified in the permit must be replaced prior to the approval of a certificate of occupancy.

(5)

All relocated or replacement trees shall be located where they will have adequate space for root and canopy development, except where small trees planted in close proximity to one another are to be later relocated to other areas of the site.

(6)

Where practicable, trees that are removed shall be relocated or replaced within the City of Sunrise municipal boundaries.

(7)

Relocated or replacement trees which may reach a height of thirty (30) feet shall not be placed within twenty-five (25) feet of an overhead powerline.

(h)

Maintenance/monitoring requirements.

(1)

The permittee shall be responsible for maintaining the health of any replacement or relocated tree for one (1) year from planting.

(2)

Determination of success:

a.

The city shall determine the condition of each tree at the time of relocation and one (1) year after the tree was relocated or planted.

b.

Should any tree die or be in a state of decline within one (1) year of being planted or relocated, the permittee shall be required to replace the tree within sixty (60) days of that determination. The one (1) year monitoring and approval period shall begin anew-whenever a tree is replaced. If that replacement tree is found not to be viable at the end of the second yearly monitoring period, the permittee may pay the appropriate amount into the city's reforestation account in lieu of planting a third replacement tree. If the permittee fails to replace the tree or to pay the appropriate amount into the reforestation account within sixty (60) days, then the permittee shall be in violation of this section.

(i)

Payment in lieu of replacement/relocation. When allowed by a tree removal permit, any trees which are removed and not relocated shall be replaced in accordance with the requirements of this section. As a condition of being granted permission to remove any trees, the developer, property owner or other applicant shall be required to replace such trees, unless it is demonstrated that replacement is not a viable alternative due to a lack of available space or available tree quality. Where replacement cannot be accomplished the applicant shall pay a replacement contribution into the city's reforestation account. The replacement contribution will be determined using a schedule for current value of replacement trees plus installation and maintenance as established by the city.

(j)

Bond requirement. Bonds, as required by this section, shall be in the form of letters of credit, certificates of deposit, cash bond, bonds issued by an insurance company legally doing business in the State of Florida, or other acceptable means agreeable to the city attorney. The letters of credit and certificates of deposit shall be drawn upon banks or savings and leans [loans] legally and actually doing business in Florida. Such bonds must meet the approval of the city attorney's office. This bond shall be in addition to any other bond required by any other government entity.

(1)

Bonds shall be required for permits involving the replacement of ten (10) or more trees, or the relocation of five (5) or more trees, or the relocation of any tree with a DBH of ten (10) inches or greater.

(2)

Calculations for the amount of bonds for non-mature trees shall be computed based upon the equivalent canopy replacement criteria applied to each tree to be relocated or replaced and upon the cost of installation and maintenance. Determination of the bond amount for mature trees shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture. The fair market value of the cost of trees that would be required to compensate for the canopy to be relocated or replaced shall be posted. The bond period shall be for the tree replacement performance period, as stated in the permit or as extended or released, plus an additional sixty (60) days. The form of security shall be reviewed by the city attorney's office for legal sufficiency and may not be accepted until approved.

(3)

Release of bonds.

a.

Upon successful tree relocation and replacement as determined by this section and written approval by the city, bonds required for tree relocation and replacement shall be released. Where possible, bonds shall be partially released for partially successful relocation/replacement projects, with the amount retained equal to the value of the additional replacement trees required, plus installation and maintenance.

b.

Bonds may be released by the city when fee simple title is transferred. The city may condition the release of the bond upon the establishment of a new bond by the new owner in fee simple.

(k)

Protection from construction work. During any construction, land development or lot clearing, the contractor and the owner of the property subject to this section shall adhere to the requirements which follow:

(1)

Place and maintain protective barriers around the drip line of all trees to be retained on the site to prevent their destruction or damage. The protective barriers shall be conspicuous enough and high enough to be seen easily by operators of trucks and other equipment. Protective barriers shall be constructed of sturdy material (not flagging or ribbons);

(2)

Not store or use materials or equipment within the drip line of any tree to be retained on-site unless the activity is being done to protect trees;

(3)

Not discharge or contaminate the soil within the drip line of any tree to be retained on-site with any construction materials such as paint, oil, solvents, petroleum products, asphalt, concrete, mortar, or other materials that may cause adverse impacts;

(4)

Clearing of vegetation within the drip line of trees designated for preservation shall only be by hand or light tracked equipment that will not damage tree roots;

(5)

Utilize retaining walls and drywells where needed to protect trees to be preserved from severe grade changes;

(6)

Pruning of trees and palms to be preserved shall be in accordance with established scientific and engineering standards;

(7)

Make no attachments, other than those of protective and non-damaging nature, to any tree to be retained on the site;

(8)

Not change the natural grade above the root system within the drip line of any tree to be retained on-site,

(9)

Avoid any encroachments, excavations or severe grade changes within the drip line of preserved trees; and

(10)

Any trees designated to be preserved which the city determines to have been damaged during construction shall promptly be repaired or if the damage is beyond repair, replacement trees shall be required.

(11)

Whenever any work is being done by a person not in compliance with this section, city staff may order that work be stopped and such persons performing such work shall immediately cease such work. The work may not resume until such time as the person is in compliance with this section.

(l)

City reforestation account.

(1)

Establishment of account. The city will create a reforestation revenue and expense account for the purpose of accepting and disbursing the replacement fees paid to the city as part of tree removal permits and any other monies deposited with the city for tree preservation purposes. The account shall solely be used for the planting of trees in the city and any other ancillary costs associated with the planting of trees. Ancillary costs shall not exceed twenty (20) percent of the cost of the particular tree planting project.

(2)

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

(3)

Account assets. All monies received from public or private concerns shall be placed in the reforestation revenue account for the use and benefit of the city. Said funds shall be expended, utilized and dispersed only for the planting of trees as designated by the city.

(4)

Account administration:

a.

This account will be administrated by the community development department and funds shall be expended, utilized and disbursed only for the purposes designated by the city.

b.

All monies collected hereunder shall be deposited in the reforestation revenue account, which shall be a separate account established and maintained within the general revenue fund.

c.

Funds collected from a tree removal permit shall only be used within the city.

d.

Funds collected and not spent within the same fiscal year will be carried over to the next fiscal year.

(5)

Disbursal or conversion of assets:

a.

All expenditures shall follow established city purchasing procedures.

b.

Funds will be used 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, for any public land in the city. These monies may also be used to cover the expense of relocation of trees in the city and the expense of periodically distributing saplings to the public.

(m)

Mitigation. Mitigation shall be required to offset any environmental impacts caused by the unlawful removal or effective destruction of any tree. The minimum landscape requirements shall not be used to satisfy the required mitigation.

(n)

Exemptions. For purposes of the permitting requirements of this section, the following are exempt:

(1)

Under emergency conditions such as hurricanes, war, or any natural disasters of similar scope, water management districts, Florida Department of Transportation, city utilities and franchised utilities, except as provided below, may remove a tree in order to prevent an imminent interruption of service or to restore interrupted service; or

(2)

Removal of trees by all licensed nurseries, botanical gardens and commercial grove operations, but only in relation to those trees which are planted and growing for the sale or intended sale to the general public in the ordinary course of said licensed business; or

(3)

Removal of trees by all governmental and private nurseries with respect to trees which have been planted and are growing for future relocation; or

(4)

During emergency conditions caused by a hurricane or other disaster, the provisions of this section may be suspended by direction of the city manager; or

(5)

Removal or relocation of planted landscape trees prior to the issuance of a certificate of occupancy; or

(6)

Removal of trees except mature trees by franchised utilities after the city and the record owner of the property on which the trees proposed to be removed are located, receive notification, delivered fifteen (15) calendar days prior to tree removal. The record owners may appeal the tree removal by submitting a letter of appeal to the city prior to the expiration of the fifteen-day grace period. Tree removal may proceed after the expiration of the fifteen-day grace period. Tree removal may proceed after the expiration of the fifteen-day period, providing no letters of appeal have been received by the city, if the utility can:

a.

Prove prior to tree removal that:

1.

The tree will cause a continual disruption of service,

2.

The easement or property was in actual use conveying utilities prior to the effective date of this section, and

3.

The threat of service interruption cannot be remedied by tree or palm pruning, or;

b.

Prove prior to tree removal that the removal is for the purpose of providing new/additional on-site service to existing development. Under this provision, the notification shall be in writing prior to the tree removal. The franchised utility shall not be required to obtain a permit, but shall comply with all the standards, requirements, and conditions of this section; and

c.

Provide a report to the city to prove compliance with this section; or

(o)

Prohibitions.

(1)

General. A person shall not cause, suffer, permit or allow the removal of any tree without first obtaining a permit from the city. Any person removing a tree without a permit will be punished in accordance with section 1-15 of the City Code. The property owner, holder of an easement/and or person removing a tree without a permit shall be responsible for the violation. The removal of trees in violation of this section is a public nuisance.

(2)

Land clearing. Land clearing and site development where such activities may result in the removal of trees shall not occur until a tree removal permit has been obtained.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-99-J, § 2, 8-24-99; Ord. No. 402-02-G, § 5, 10-22-02; Ord. No. 402-03-F, § 1, 11-18-03; Ord. No. 402-05-F, § 2, 12-13-05; Ord. No. 402-09-C, § 3, 2-10-09; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-12-H, § 3, 6-26-12; Ord. No. 402-12-K, § 5, 12-28-12)

(a)

Declaration of intent. The city commission (city) finds and declares that regulation of the cutting, trimming, and pruning of trees within the city will help ensure that the health, function and value of trees are protected, and will help to prevent dangerous branching conditions that may result in danger or injury to citizens or property.

(b)

Definitions.

(1)

Hatrack means to sever the leader or leaders, or to prune a tree by stubbing of mature wood.

(2)

Prune or trim means to cut away, remove, cut off or cut back parts of a tree.

(3)

Tree abuse means:

a.

To hatrack a tree; or

b.

Pruning that reduces the height or spread of a tree that has not attained a height or spread of thirty (30) feet; or

c.

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

d.

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

e.

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; or

f.

The use of climbing spikes, nails, or hooks, except for the purpose of total tree removal or as specifically permitted by the American National Standards Institute; or

g.

Pruning that does not conform to standards set by the American National Standards Institute. The removal of diseased or dead portions of a tree, the removal of interfering, obstructing, or weak branches, the removal of interior branches in order to decrease wind resistance, or the complete removal of a tree pursuant to a valid tree removal permit, and consistent with the standards of the American National Standards Institute shall not constitute tree abuse under this article.

h.

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

i.

Overlifting;

j.

Shaping.

(4)

Topiary means the practice of pruning a tree into an ornamental shape by the removal of branches no larger than one (1) inch in diameter.

(5)

Violator as defined in Chapter 2, Article III, section 2-119 of the City Code.

(6)

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

(7)

Overlift means the removal of the majority of the inner lateral branches and foliage thereby 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.

(8)

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

(9)

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

(c)

Prohibition of tree abuse; exemptions; waiver.

(1)

No person shall abuse a tree unless one (1) of the following exemptions applies:

a.

The abuse is necessary to alleviate a dangerous condition posing an imminent threat to the public or property,

b.

Franchised utilities may obtain a permit form the city, renewable on an annual basis, authorizing the pruning of trees in a manner that may be defined herein as tree abuse provided such pruning is necessary to prevent service interruptions.

c.

Topiary pruning shall only be allowed for trees located on owner-occupied property developed for detached single-family or duplex usage, on private property of condominium developments existing at the time of passage of this chapter, on public medians existing at the time of passage of this chapter, or for those trees that were not installed to meet minimum landscaping requirements and are identified on an approved landscape plan as appropriate for topiary pruning, and are located outside of rights-of-way or roadway easements.

d.

Shaping of trees to protect property, such as buildings and infrastructure, in which there is adequate evidence accepted by the department that the proposed shaping is appropriate for the species and will not cause danger to the public or the decline of the tree.

(2)

Any person may apply to the community development department for an administrative waiver from the terms of this section, provided that:

a.

The application is made before any actions for which a waiver is sought have been undertaken;

b.

Any alleged hardship is not self created by any person having any interest in the property. A hardship shall not be considered self created if the subject tree was installed prior to the effective date of this section;

c.

There are unique and special circumstances or conditions applying to the subject tree or the property upon which it is located, that do not apply generally to other trees or properties.

d.

The waiver proposed is the minimum variance necessary to alleviate the hardship.

e.

That the granting of the waiver will be in harmony with the general intent and purposes of this section and will not create a dangerous condition that threatens the public or property.

(d)

Remedial actions required.

(1)

In the event a person abuses a tree in violation of this section, the violator, in addition to being subject to the penalties found in section 1-15 of the City Code, shall be responsible to undertake pruning and other remedial actions that the city determines are reasonably necessary to protect public safety and property, and to help the tree survive the tree abuse damage.

(2)

If the natural habit of growth of the tree is destroyed, the violator shall remove the abused tree and install a replacement tree.

(3)

Tree replacement criteria shall be consistent with that established in subsection 16-172(f).

(4)

Replacement trees shall be installed on-site. In the event the site cannot accommodate all required replacement trees, the remaining replacement trees shall be installed on public lands if approved by the city. If no suitable public lands are located, the violator shall pay a replacement contribution into the reforestation account. The replacement contribution will be determined using a schedule for current value of replacement trees plus installation and maintenance as established by the city.

(5)

Remedial actions and replacement required under this section shall be completed within sixty (60) days of notice from the city that such actions are required. The city may require the violator to immediately undertake remedial actions in the event the abused tree is an immediate threat to the public or property.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-99-J, § 3, 8-24-99; Ord. No. 402-03-F, § 2, 11-18-03; Ord. No. 402-09-G, § 11, 11-24-09; Ord. No. 402-12-K, § 6, 12-28-12)

Review of requests for waivers from section 16-169 for development within the B-7 Office Park zoning district. In recognition of the unique constraints and specific development conditions which apply to parcels located within the B-7 Office Park zoning district, an applicant for development within a B-7 district may submit an application for waivers from certain landscape requirements, as provided in section 16-169 of this article. The application for waiver(s) shall be provided to the director of community development concurrent with the application for site plan approval required pursuant to section 16-31 of this Code. The application shall consist of a detailed landscaping plan meeting the requirements of section 16-162, accompanied by a letter of intent listing all proposed waivers from the requirements of section 16-169. The letter of intent shall fully address the justification for all requested waivers pursuant to the criteria below. The director of community development shall determine whether and to what extent waivers of the requirements of section 16-169 may be justified based on the following criteria:

(a)

Unique conditions and circumstances exist affecting the ability of the applicant to comply with the requirements of section 16-169; and

(b)

The failure to grant the requested waivers would impede the reasonable development of the subject property in a manner consistent with the purpose of the B-7 Office Park zoning district, as set forth in subsection 16-78(6)(a); and

(c)

The requested waiver(s):

(1)

Is the minimum waiver that will make possible the reasonable development of this property in accordance with the purpose and intent of the B-7 Office Park District and the Code;

(2)

Conforms with the requirements of Article XIV, "Tree Preservation and Abuse Ordinance," of the Broward County Code of Ordinances; and

(3)

Will not be injurious to the community or otherwise detrimental to the public welfare.

(d)

Additionally, the applicant shall demonstrate that the subject development shall be landscaped in a manner that, in the opinion of the city's landscape inspector, exhibits enhanced landscaping amenities and features which are consistent with the intended purpose of the B-7 zoning district.

(e)

Upon receipt of all necessary information, the director of community development shall review the information and issue a report to the city commission recommending approval, approval with conditions, or denial of the request. The director of community development, or his/her designee, shall place the application on the quasi-judicial consent agenda concurrently with the application of for site plan approval in accordance with the procedure set forth in subsection 2-33(k) of the Code of Ordinances.

(f)

Notification and publication requirements. In the case of an application for a waiver from this section, the city will notify all property owners within five hundred (500) feet of the perimeter of the subject property. The letter of notification will set forth a description of the waiver being requested and the date, time and place of the hearing before the city commission. Letters will be mailed to said property owners by first class mail, by staff using a certified list provided by the applicant. The required notification shall be post marked at least fifteen (15) days prior to the public hearing dates at which the application will be heard before the city commission. Staff is authorized to charge the applicant a reasonable fee for the city's cost of preparing and mailing notices.

(g)

City commission hearing on application for waiver from this section. The hearing of an application for waiver from this section shall proceed in accordance with the procedures of subsection 2-33(k) of the Code of Ordinances. The decision shall be communicated to the applicant in writing, and filed in the official city records for the property.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-08-A, § 4, 1-22-08; Ord. No. 402-09-D, § 3, 4-28-09; Ord. No. 402-09-G, § 11, 11-24-09)

Editor's note— Formerly § 16-171.