(a)

The general purposes of this article are as follows:

(1)

To promote the establishment of a functional landscape in the city;

(2)

To protect and enhance the aesthetic character of city;

(3)

To provide the physical benefits of using plant material as a functional and integral part of city's development;

(4)

To provide minimum standards for landscaping new developments or for redevelopment; and

(5)

To promote water conservation and vegetation protection objectives by providing for:

a.

The preservation of existing plant communities pursuant to the requirements of the city's tree preservation and abuse ordinance;

b.

The reestablishment of native plant communities;

c.

The use of site-specific plant materials; and

d.

The implementation of xeriscape principles as identified in South Florida Water Management District's Xeriscape Plant Guide II, as amended, and as provided by law.

(b)

The provisions of this article shall be a minimum standard and shall apply to the city.

(Ord. No. 2007-02, exh. A, § 39, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

(a)

All buildings, structures, new developments, redevelopment and changes of use requiring a development order shall require submittal of a landscape plan. landscape plans shall be prepared by a state registered landscape architect. Landscape plans for single-family and duplex dwellings may be prepared by the owner of the property. All landscape plans shall meet the following requirements:

(1)

The same scale as the site plan, but no smaller than one inch equals 50 feet. Recommended scale is one inch equals 20 feet.

(2)

Location, condition, number, names, sizes, DBH and disposition of all existing trees and vegetation to be preserved, relocated or removed. Also, provide all existing ecological communities to be preserved, relocated or removed.

(3)

Location and outline of existing buildings and site improvements to remain.

(4)

Location, condition, names, sizes, DBH, and disposition of existing trees, shrubs, and site improvements along any abutting properties within 25 feet of the property lines.

(5)

Location of all proposed or existing buildings and site improvements, including but not limited to; parking spaces, access isles, driveways, sidewalks and other vehicular use areas to remain or be removed.

(6)

A proposed plant list by symbol, quantity, required specifications, native or nonnative, drought tolerance and botanical and common names. Also, the plant list must be indicated on all planting plan sheets.

(7)

A landscape calculation table, indicating the minimum required and providing comparisons of the proposed plant material. Also, providing the gross and net acreages, buffer lengths, percentages of landscaping in the vehicle use area (VUA), pervious area, street lengths, percentages of sod, native/drought tolerant percentages and landscape material size requirements.

(8)

Location and labeling of existing and proposed site lighting. Additionally, provide a minimum of 15 feet separation from the required or existing shade trees and 7½ feet from palms and small trees.

(9)

Location of existing and proposed fire hydrants and fire department check valves. Additionally, provide the minimum required 7½ feet clearance from all landscape material to the front and sides with four feet clearance from the rear.

(10)

Location of existing and proposed easements, rights-of-way, drainage structures, overhead utility wires, underground utilities and transformers.

(11)

All planting details and staking details, including, but not limited to, planting/staking specifications, general notes and tree protection barricade detail.

(12)

Existing or proposed water bodies and retention areas indicating the required four to one slopes.

(13)

Such other information that may be required to give a complete understanding of the proposed plan.

(b)

The irrigation plan shall meet the following requirements:

(1)

The same scale of the site plan, but no smaller than one inch equals 50 feet;

(2)

Location of existing trees, vegetation and ecological communities to remain, if applicable;

(3)

Location of existing buildings, paving, and site improvements to remain;

(4)

Location of proposed buildings, paving, site improvements, and water bodies;

(5)

Main location, size and specifications;

(6)

Valve location, size and specifications;

(7)

Pump location, size and specifications or water source;

(8)

Backflow prevention device type and specifications;

(9)

Controller locations and specifications;

(10)

Zone layout plan (minimum scale one inch equals 20 feet);

(11)

Provide 100 percent coverage and 100 percent overlap;

(12)

Indicating head-type, specifications and spacing; and

(13)

Indicating methods used to achieve compliance with xeriscape principles as required by F.S. § 166.049.

(Ord. No. 2007-02, exh. A, § 40, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

All landscaping and irrigation shall be installed according to accepted horticultural planting procedures with the quality of plant materials as follows:

(1)

Planting soil and topsoil shall be of the minimum quality as specified in the plant materials in section 42-570. All trees, palms, shrubs and ground covers shall be planted with a minimum of 12 inches or two times the root-ball of planting soil around and beneath the root ball. A minimum of three inches of shredded, approved arsenic-free, organic mulch or ground cover shall be installed around each tree planting for a minimum of 18 inches beyond its trunk in all directions, including palms, and throughout all hedge, shrub and ground cover planting. The use of mulch obtained from Melaleuca, Eucalyptus or other invasive plant species is discouraged in order to reduce their impact on the environment and to preserve the remaining native plant communities.

(2)

All trees shall be properly guyed and staked at the time of planting until one year after landscape final planting or establishment. The use of nails, wire or rope, or any other method which damages the trees or palm is prohibited. All plants shall be installed so that the top of the root ball remains even with the soil grade or ten percent above the surrounding grade. All synthetic string, synthetic burlap, cords or wire baskets shall be removed before planting.

(3)

All parking islands, medians, and other landscape areas shall be installed with continuous type D curbing to prevent damage to the plant material and the displacement of topsoil and mulch. Also, all landscape islands, divider medians, and planters shall be excavated of limerock and/or compacted soil to a depth of 30 inches and backfilled with specified planting mix to the top of curb. Additionally, all areas along buildings shall be excavated to a depth of 12 inches to 18 inches and backfilled with specified planting mix.

(4)

All proposed multistemmed trees shall have a minimum of three trunks with no more than five trunks of equal diameters originating from the base of the tree and with angles no greater than 45 degrees.

Note: The city can require either multistemmed or single leaders on certain trees.

(5)

All proposed trees and palms shall not be planted under roof over hangs or balconies.

(6)

All proposed trees and palms within or overhanging pedestrian areas shall have a clear trunk high enough to allow unobstructed pedestrian movement under or around.

(7)

All proposed landscaping shall be installed with fertilizer which has trace minor elements in addition to a minimum of:

a.

Six percent nitrogen (N);

b.

Six percent phosphorus (P);

c.

Six percent potassium (K);

of which 50 percent of the nitrogen must be derived from an organic source.

(8)

All proposed tot lots or pools shall be required to have a minimum shade requirement to allow persons to seek refuge from the sun.

(9)

All landscape areas shall be provided with an automatically operating, underground and rustfree irrigation system designed to have 100 percent coverage with 100 percent overlap. Drip, trickle or other low-volume irrigations systems shall be permitted, if designated on approved landscape plans and approved by the city. Irrigation systems shall be designed to minimize application of water to impervious areas. All PVC risers shall be painted flat black.

a.

Pursuant to F.S. § 373.62, any irrigation system installed after May 1, 1991, shall install a rain sensor device or switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

b.

Use of nonpotable water, including, but not limited to, water from a canal, lake or a treated water source, in the irrigation of landscaped areas is required when determined to be available and safe.

c.

Automatic controlling devices shall be used on all irrigation systems.

d.

Preserved ecological communities shall not be irrigated unless required by the city.

(10)

Inspections of sites for landscape and irrigation installation are as follows:

a.

A preinspection of the site with the landscape and irrigation contractor will be required to discuss all the city requirements, answer any questions and determine site conditions for appropriate use and selection of landscape material prior to installation.

b.

A final landscape and irrigation inspection will be required upon completion.

(Ord. No. 2007-02, exh. A, § 41, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

(a)

An owner of land subject to this article shall be responsible for the maintenance of said land and landscaping so as to present a healthy, vigorous and neat appearance free from refuse and debris. All landscaped areas shall be sufficiently fertilized and irrigated to maintain the plant material in a healthy condition.

(b)

Three inches of clean, weed-free, arsenic-free, organic mulch shall be maintained over all areas originally mulched at all times. Turfgrass shall be mowed regularly.

(c)

Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system.

(d)

Preserved and created ecological communities shall be maintained in a natural state without the use of mechanical equipment.

(e)

An owner is responsible to ensure that landscaping that has been required to be planted pursuant to this article, or installed in compliance with the landscape requirements previously in effect, be maintained in Florida grade No. 1 condition, including, but not limited to, single-family residences, multifamily, commercial or industrial sites. If landscaping is found to be in a state of decline, dead or missing, it must be replaced with equivalent landscape material. If total replacement is required, species conforming to this article shall be used. If any preserved vegetation dies which is being used to satisfy current landscape code requirements, such vegetation shall be replaced with the same landscape material selected from nursery-grown native stock only.

(Ord. No. 2007-02, exh. A, § 42, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

(a)

Quality. Plant materials used in accordance with this article shall conform to the standards for Florida grade No. 1, or better, (Note: some proposed landscaping can be required to be Florida Fancy) as provided for in the most current edition of Grades and Standards for Nursery Plants, second edition, February 1998, State of Florida Department of Agriculture and Consumer Services, as amended. Sod shall be green, healthy, clean and visibly free of weeds, noxious pests and diseases. It shall be solid St. Augustine, Floratam or Palmetto, laid on a smooth planting base with tight joints, at 100 percent coverage at time of planting and cut to fit all landscape planters and curb areas.

(b)

Native vegetation. Fifty percent of all vegetation, excluding all turfgrass, required to be planted by this chapter shall be indigenous to South Florida.

(c)

Preserved/created ecological communities. Ecological communities shall be preserved or created. For sites which consist of five acres or more, where there is no viable ecological community, the applicant shall show on the landscape plan an area or areas equivalent to 2½ percent of the site to be planted and preserved as an ecological community, pursuant to the conservation goals, objectives and policies of the city comprehensive plan. Sites which consist of two to five acres may incorporate an ecological community into the landscape buffer or interior landscaping requirements. This shall constitute an additional requirement.

(d)

Trees.

(1)

Shade/canopy tree. Shade/canopy trees shall be a minimum overall height of 14 feet, six feet spread, 2½ inches DBH and five feet clear trunk. This category shall constitute 40 percent of the minimum required trees.

(2)

Intermediate trees. Intermediate trees shall be a minimum overall height of 12 feet, five feet spread, two inches DBH and 4½ feet clear trunk. This category shall constitute 30 percent maximum of the required trees.

(3)

Small trees. Small trees shall be a minimum overall height of ten feet, 4½ feet spread, 1½ inches DBH and four feet clear trunk. This category shall constitute no more than ten percent of the required trees.

(4)

Palms. Palms shall have a minimum of six feet grey wood and shall constitute no more than 20 percent of the required trees. All palms with the exception of Roystonea elata/regia, Phoenix canariensis, Phoenix dactylifera, Phoenix sylvestris, Phoenix reclinata, Wodyetia bifurcata, and Bismarckia nobilis, shall be counted at three for one and planted with staggered heights.

(5)

One-year guarantee. All landscaping shall be guaranteed for one year after final landscape inspection.

(6)

Street tree requirements. Street trees shall be required at one shade tree per 20 linear feet of street frontage along all public or private street rights-of-way. Selected tree species shall be approved by the city. If trees are utilized in landscape areas five feet wide or less, a 12-inch-deep root barrier shall be installed ten feet in each direction of the tree trunk and installed per manufacturer's recommendations.

(7)

Species not permitted. The following plant species shall not be planted as required or optional landscaping and, in addition, these species shall be removed from the construction sites:

(8)

Wind tolerance encouraged; poisonous varieties to be reviewed. The use of wind tolerant trees and palms are encouraged due to the high risk of hurricanes in South Florida. Every effort should be utilized to reduce the risk of damage and liability by utilizing more wind tolerant landscaping. Also, the use of landscaping that is very poisonous, has a major pest problem, thorny spines, drops messy fruit or has an aggressive root system will be reviewed case by case.

(9)

Nonrequired accent trees. The following plant list species shall not be considered as a required tree or palm. However these species may be utilized as an accent:

(10)

Distance from utilities. All trees and palms must be a minimum of four feet from all underground utility lines. Also, refer to the site lighting and fire hydrant requirements for tree and palms.

(11)

Invasive exotics shall be removed. All invasive exotic pest plants shall be removed from the site prior to final inspection.

(12)

City approval required for substitutions. All landscape substitutions shall require city approval prior to installation.

(13)

Tree diversity. No more than 30 percent of required trees shall be of the same species. The tree diversity mix shall be as follows:

(e)

Shrubs and hedges.

(1)

Shrubs shall be a minimum of two feet high, full to base, two-foot spreads and planted two feet on center when measured immediately after planting. If the spreads can not be met with the two feet requirement then 18-inch spreads and 18 inches on centers can be utilized. When shrubs are used as a screen around vehicular open space areas, said shrubs shall be a minimum of two feet in height above the vehicular open space pavement surface that directly abuts the shrubs at the time of planting.

(2)

Required buffer hedges shall be planted two feet high, full to the base, two-foot spreads and two feet on center spacing (branch touching branch) and maintained so as to form a continuous, unbroken solid, visual screen, with a maximum height of three feet, to be attained within one year after planting. If the spreads cannot be met with the two-foot requirement, then 18-inch spreads and 18 inches on centers can be utilized.

(3)

Ficus spp., when planted as a hedge, may be used to meet the requirements of dumpster enclosure, mechanical equipment and electrical transformer screening only.

(f)

Vines. Vines shall be a minimum of 30 inches in supported height immediately after planting.

(g)

Ground cover. Ground covers shall be planted with a minimum of 75 percent coverage with 100 percent coverage occurring within three months of installation.

(h)

Turf.

(1)

All turf areas including, but not limited to, swales, lake maintenance easements, and retention areas shall be sodded using St. Augustine, Floratam or Palmetto sod to the waterline.

(2)

Turf shall not be treated as a fill-in material, but rather as a major planned element of the landscape and shall be placed so that it can be irrigated separately from planting beds.

(3)

Turf areas shall be consolidated and limited to those areas on the site that require pedestrian traffic, provide for recreation use or provide soil erosion control such as on slopes or in swales, or surface water management areas, and where turf is used as a design unifier, or other similar practice use. Turf areas shall be identified and labeled on the landscape plan.

(4)

The following percentages shall apply to turf areas:

a.

No more than 80 percent of the landscape area for single-family and duplex dwellings may be in turfgrass.

b.

No more than 60 percent of the landscape area for multifamily dwellings may be in turfgrass.

c.

No more than 50 percent of the landscape area for other development uses may be in turfgrass.

(i)

Xeriscape.

(1)

A minimum of 20 percent of the pervious area on single-family and duplex dwellings must be in xeriscape landscape.

(2)

A minimum of 40 percent of the pervious area of multifamily dwellings must be in xeriscape landscape.

(3)

A minimum of 50 percent of the pervious area of all other development uses must be in xeriscape landscape.

(j)

Planting soil and topsoil. Topsoil and/or planting soil shall be clear and free of construction debris, weeds and rocks. The topsoil and/or planting soil for all planting areas shall be composed of a minimum of 50 percent muck and 50 percent sand.

(Ord. No. 2007-02, exh. A, § 43, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

(a)

Applicability. All proposed development or redevelopment sites and vehicular use areas serving multifamily or nonresidential uses shall conform to the minimum landscaping requirements hereinafter provided, except areas used for parking or other vehicular uses on, under or within buildings and parking areas serving single- or two-family dwellings.

(b)

Required buffer landscaping adjacent to streets and abutting properties. On any proposed, redeveloped site, or open lot providing a vehicular use area for a multifamily or nonresidential use where such area is abutting streets and property lines, including dedicated alleys, landscaping shall be provided between such area and such perimeters as follows:

(1)

A flat ground level or bermed strip of land at least ten feet in depth, located along all the property lines of abutting streets and abutting property lines shall be landscaped. Such landscaping shall include three trees for each 40 linear feet or fraction thereof. The first tree shall be set back ten feet from the intersection of the ingress/egress and the street, which setback shall be limited to ground cover only. In addition, a hedge, berm, wall or other durable landscape barrier, to begin after the first ten feet, shall be placed along the inside perimeter of such landscape strip and shall be maintained at a maximum height of three feet, if contiguous to a pedestrian walkway, to meet crime prevention through environmental design (CPTED) principles. If such durable barriers, including walls or fences, are of nonliving material, it shall be screened to the height of the durable barrier with a hedge along the street side of such barrier. If a fence or wall is utilized along an abutting property line, it must be installed at the property line and screened to the height of the durable barrier with a hedge from the inside. The remainder of the required landscape area shall be landscaped with turfgrass, ground cover or other landscape treatment, excluding paving; the turfgrass is not to exceed the maximum amount allowable in the xeriscape requirements. This buffer may not be counted toward meeting the interior landscape requirements.

(2)

All property other than the required landscaped strip lying between the streets and abutting property lines shall be landscaped with turfgrass or other ground cover; if turfgrass is used, it shall not exceed the xeriscape requirements.

(3)

All city-approved necessary accessways from the public street through all such landscaping shall be permitted to service the site.

(c)

Parking area interior landscaping. An area, or a combination of areas, equal to 20 percent of the total vehicular use area, exclusive of perimeter landscape buffers required under this subsection, shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required by this section shall be counted as part of the interior landscaping requirements, as long as such landscaping is contiguous to the vehicular use area and fulfills the objective of this subsection. All parking areas shall be so arranged so that if there are ten or less contiguous parking stalls along the same parking aisle, the 11th space shall be a landscaped peninsula a minimum of 11 feet in width with a minimum of a ten-foot wide landscape area. Also, all rows of parking shall be terminated with an 11-foot width landscape island with ten feet wide landscaped area. In addition, there shall be a minimum requirement of one shade tree and 25 shrubs planted for every landscaped island. If landscaped divider medians are utilized, they must be a minimum of six feet wide. The minimum dimensions of all proposed landscaped areas shall be six feet wide. In addition, all approved grass parking areas will meet the same requirements as paved parking, and will not be calculated in the pervious space requirements. Landscaped areas, walls, structures and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs located a minimum of 2½ feet from any landscaped area.

Note: The city encourages the use of type D curbing in parking areas that abut landscape areas to provide more green area and lessen the chance of tripping hazards. This cannot be utilized to count for buffer or divider median requirements, but can be utilized for pervious and landscaping in the vehicle use area (VUA) percentages.

(Ord. No. 2007-02, exh. A, § 44, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

When the subject property abuts the intersection of two or more streets, all landscaping within the triangular area located within 25 feet of the intersection of the front and side street property lines shall provide unobstructed cross-visibility at a level between 30 inches and eight feet, with the exception of tree trunks that do not create a traffic hazard. The property owner shall be responsible for maintaining all landscaping within the cross-visibility triangle. Landscaping, except required turf and ground cover, shall not be located closer than five feet from the edge of any roadway and three feet from the edge of any alley or pavement.

(Ord. No. 2007-02, exh. A, § 45, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

All open space on any site shall conform to the following requirements:

(1)

General landscape treatment.

a.

Ground cover, shrubs, and other landscape materials (not including rock and gravel) shall be installed to cover all open space areas not covered by paving or structures, using the required percentages in section 42-570. No substance, including rocks and gravel, which prevents water percolation shall be used in areas not approved for paving or structures. Planting practices shall comply with xeriscape requirements.

b.

Along all buildings, mature landscaping shall be installed at one-half the height of the building at one tree per 25 linear feet of each building's facade on all sides. Additionally, shrubs and ground covers shall be added to enhance the building. A six-foot wide landscape strip shall be provided, not including overhangs or awnings around all the buildings.

(2)

Shrub and tree requirements. Shrubs and trees shall be planted in the open spaces to meet the following requirements:

(3)

Screening of equipment. Dumpsters, mechanical equipment, A/C units, electrical transformers and all aboveground equipment shall be screened on at least three sides by landscape material that is equal to the height of the element at installation. Such screening shall not interfere with normal operation of equipment and shall be maintained at the height of the element or no more than one foot above. In addition, bus shelters which are located within property lines shall be screened with, at a minimum:

a.

Plant material two feet in height on three sides; and

b.

One canopy tree, ten feet in height.

(4)

Signs. All freestanding sign installations require the installation and establishment of plant material to enhance the structure, at a minimum of:

a.

One shrub for every two feet of linear width of the sign structure on each side; and

b.

Ground cover, a minimum of five feet around the perimeter of the sign base, designed in such a manner so as to not block the message on the sign.

(5)

Billboard signs. All billboards require the installation and establishment of plant material to enhance the structure at a minimum of:

a.

Four trees, chosen from a list of trees that will attain a height of not more that 15 feet; and

b.

One shrub for every two feet of linear width of the sign structure on each side of tree line.

(6)

Minimum landscape credits and adjustments. An owner shall receive credit against the minimum landscape code requirements of this article for preservation, replacement or relocation of existing trees as determined by the city.

(Ord. No. 2007-02, exh. A, § 46, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

(a)

Where any plot zoned or used for multifamily or nonresidential uses, except industrial uses, is separated by a street, alley, canal or public open space from a residential plot, any such nonresidential plot adjacent to such separator shall be provided with a landscape buffer at least ten feet in depth. Any plot zoned or used for industrial uses shall provide a landscape buffer at least 15 feet in depth.

(b)

Where a plot zoned or used for multifamily or nonresidential uses, except industrial uses, is contiguous to a residentially zoned or used plot, any such nonresidential plot shall be provided with a landscape buffer at least ten feet in depth adjacent to the residential district or use.

(c)

Where any plot zoned or used for industrial purposes is contiguous to a residentially zoned or used plot, any such industrial plot shall be provided with a landscape buffer at least 20 feet in depth adjacent to the residential district or use.

(d)

Where any plot zoned or used for multifamily, business, nonresidential or industrial purposes, is contiguous to a park, environmentally sensitive land site (ESL), or urban wilderness area, whether directly or separated by a street, alley, canal or public open space, a minimum of 25 feet of landscape buffer shall be provided along such street or property line.

(e)

Where any plot zoned for office park (OP) is adjacent to any of the uses set forth in subsections (a), (b), (c) or (d) of this section, the buffer shall be double the size required.

(f)

Refer to section 42-571 for landscape requirements.

(g)

In cases where nonresidential property abuts residential property, the city can require such additional landscaping as is necessary to protect the aesthetics and minimize the impacts of the surrounding area.

(Ord. No. 2007-02, exh. A, § 47, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

All new single-family and two-family (duplex) dwellings shall conform to the following minimum landscaping requirements:

(1)

Landscape plans. Detached single-family residences and duplex dwellings may submit landscape plans in the form of a landscape permit application, which includes acceptable plant material choices, to be chosen by the applicant, from a list provided by the city, stating quantity, size, and quality of plant material, including planting specifications, as required by this section. Actual landscape drawings are not required for single-family and duplex dwellings.

(2)

General landscape treatment. Trees, turfgrass, ground cover, shrubs and other decorative landscape material shall be used to cover all disturbed ground not covered by building and paving; with xeriscape to be a minimum of 20 percent of the open space of the site.

(3)

Shrub and tree requirements.

a.

A minimum of three trees of two different species and ten shrubs shall be planted per lot. For all lots larger than 8,000 square feet in area, additional shrubs and trees shall be provided at the rate of one tree and three shrubs per 3,000 square feet of lot area; however, there shall be no more than ten trees and 30 shrubs required per acre. The purpose of these shrubs shall be to screen air conditioning units and other mechanical equipment.

b.

In addition to the above requirements, a minimum of 20 percent of the pervious area on the lot must be in xeriscape (please refer to section 42-570(i)(1)). A minimum of one shrub per four square feet if xeriscape area shall be planted. Except as otherwise provided in section 42-570(e)(1), shrubs shall be a minimum of two feet high, full to base, two feet spread and planted two feet on center when measured immediately after planting.

c.

Where possible, a minimum of two trees shall be required in the front of the lot. Shrubs shall be incorporated in a manner on the site so as to be a visual screen for mechanical equipment or other accessories to the residence.

d.

Trees required in this subsection shall have a minimum 50 percent at an overall height of ten feet to 12 feet with a minimum canopy spread of five feet and a DBH of two inches. The other 50 percent at 12 feet and minimum canopy spread of six feet and DBH of 2½ inches.

e.

Street trees are required and additional to this subsection.

(Ord. No. 2007-02, exh. A, § 48, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007; Ord. No. 2010-03, § 2, 3-3-2010)

The city shall prepare and, from time to time, revise a landscape manual and informational materials which shall provide an illustration of the requirements of this section. Said manual and materials shall be made available to the public.

(Ord. No. 2007-02, exh. A, § 49, 2-21-2007; Ord. No. 2007-07, § 1(attach.), 5-16-2007)

(a)

Intent and purpose. It is the intent and purpose of this Code to establish a regulatory framework which will protect the water resources of the City of West Park and to implement procedures to promote water conservation through the efficient use of landscape irrigation by assisting Broward County in the implementation of its mandatory year-round landscape irrigation conservation measures pursuant to chapter 36 — Water Resources and Management, article II. — Water Emergencies, sections 36-51 through 36-58 ("article II."). The county's article II. — Water Emergencies, is consistent with Rules 40E-24.201 and 40E-24.301, Florida Administrative Code. This Code will increase water use efficiency; prevent and curtail wasteful irrigation practices by providing mandatory landscape irrigation conservation measures; and prohibit the operation of irrigation systems in a manner causing water to be wasted.

(b)

Landscaped and grass areas shall be irrigated consistent with the year-round landscape irrigation measures imposed by Broward County, subject to the following exceptions:

(1)

Repair and maintenance of irrigation systems.

(2)

Preparation of, or irrigation of, athletic play areas, nurseries, agricultural areas and new landscaping as defined in chapter 40E-24.101, Florida Administrative Code.

(3)

Landscape activities, such as application of fertilizer, insecticides, pesticides, herbicides and fungicides, when recommended by the product manufacturer or when generally recommended by professional landscapers as good landscape management practice.

(4)

Irrigation using low volume hand watering, such as one hose attended by one person, fitted with a self-canceling or automatic shutoff nozzle or both.

(5)

Reclaimed water end uses or water recovered or derived from an aquifer storage and recovery system.

(6)

As otherwise further restricted by order of the South Florida Water Management District, Broward County or the City of West Park.

The Broward County year-round landscape irrigation measures shall apply to all property types and sizes and is allowed two days a week consistent with the below schedule:

•Odd-numbered address: Wednesday from 12:00 a.m. to 6:00 a.m. and/or 8:00 a.m. to 10:00 a.m. and/or 4:00 p.m. to 11:59 p.m. and Saturday from 12:00 a.m. to 10:00 a.m. and/or 4:00 p.m. to 11:59 p.m.;

•Even-numbered address, no street address, systems that irrigate both odd and even address within same zones, including multi-family units, homeowners associations and commercial complexes/retail shopping centers: Thursday from 12:00 a.m. to 6:00 a.m. and/or 8:00 a.m. to 10:00 a.m. and/or 4:00 p.m. to 11:59 p.m. and Sunday from 12:00 a.m. to 10:00 a.m. and/or from 4:00 p.m. to 11:59 p.m.

(c)

Variances.

(1)

A variance from the specific day or days may be granted by the City of West Park if strict application of the restrictions would lead to unreasonable or unfair result; provided the applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant or those served by the applicant. If granted, the applicant shall be required to post a notice at each parcel to which the variance pertains. Relief may be granted only upon a demonstration that such hardship exists, is peculiar to the person or the affected property, is not self-imposed, and further demonstrates that granting the variance would be consistent with the general intent and purpose of this division.

(2)

The City of West Park shall recognize all irrigation variances or waivers issued by the District under Rule 40E-24.501, F.A.C.

(d)

Enforcement.

(1)

The listed landscape irrigation restrictions shall be subject to enforcement action. Any violation of the provisions of Section 42-577(b) shall be a violation of this section.

(2)

The City of West Park authorizes enforcement officials having jurisdiction in the area governed by this section, to enforce the provisions of this section. In addition, the City of West Park's City Administrator may Delegate this section's enforcement responsibility to contracted agencies and departments within the West Park government.

(e)

Penalties.

(1)

Violation of any provision of this section shall be subject to the following penalties:

a.

For the first violation, a written warning with no fine.

b.

For a second violation, a written warning with no fine.

c.

For a third violation, a fine not to exceed $50.00.

d.

For subsequent violations, a fine not to exceed $250.00.

(2)

Each day in violation of this section shall constitute a separate offense. Enforcement officials and others as delegated may provide violators with no more than two written warnings. In addition to the civil penalties provided, the City of West Park may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this article.

(Ord. No. 2020-03, § 2, 8-19-2020)