ADVERTISING AND SIGNS



PART V

LANDSCAPING AND TREE PROTECTION

ARTICLE I

Generally

This chapter establishes minimum standards for the protection of natural plant communities, the installation and continued maintenance of landscaping and the protection of trees within the town and procedures and standards for the administration and enforcement of these regulations.

1.1 Applicability

(a) New development. The requirements of this chapter shall apply to all new development.

b) Existing development. The perimeter planting requirements as provided for in subsections 3.6.2(b), (c) and (d) shall apply to all existing development when:

(1) The total expansion of existing development is equal to twenty (20) percent or greater of the assessed value according to the property appraiser; or

(2) The total square footage of a structure is expanded twenty (20) percent of more; or

(3) The cumulative expansions over the last five (5) years exceeds twenty (20) percent.

1.2 Purpose and intent

It is the intent of this chapter to promote the health, safety and welfare of the residents of the town by establishing minimum standards for the protection of natural plan communities, the installation and continued maintenance of landscaping and the protection of trees within the town, in order to:

(1) Improve the aesthetic appearance of commercial, governmental, industrial and residential areas through the incorporation of landscaping into development in ways that harmonize and enhance the natural and manmade environment.

(2) Improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including:

a. Improving air and water quality through such natural processes as photosynthesis and mineral uptake.

b. Maintaining permeable land areas essential to surface water management and aquifer recharge.

c. Reducing and reversing air, noise, heat and chemical pollution through the biological filtering capacities of trees and other vegetation.

d. Promoting energy conservation through the creation of shade, thereby reducing heat gain in or on buildings or paved areas.

e. Reducing the temperature of the microclimate through the process of evapotranspiration.

f. Encouraging the conservation of limited freshwater resources through the use of site-specific plans and various planting and maintenance techniques.

(3) Provide direct and important physical and psychological benefits to human beings through the use of landscaping to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development.

(4) Establish procedures and standards for the administration and enforcement of this chapter.

(5) Promote innovative approaches to the design, installation and maintenance of landscaping, thereby encouraging water and energy conservation.

(6) Increase and maintain the value of land by requiring a minimum amount of landscaping to be incorporated into development.

(7) Preserve existing natural [native] trees and vegetation and incorporate native plants, plant communities and ecosystems into landscape design where possible.

(8) Promote the conservation of potable and nonpotable water by encouraging the preservation of plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant material and establishing techniques for the installation and maintenance of landscape materials and irrigation systems.

1.3 Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Accessway means a paved area intended to provide ingress of vehicular traffic to an offstreet parking area or loading area.

Bona fide agricultural purposes means good faith commercial or domestic agricultural use of the land, any such determination of which shall be based upon but not limited solely to the following factors:

(1) The length of time the land will be so utilized.

(2) Size of the land, as it relates to specific agricultural use.

(3) Whether such land is subject to a lease, and, if so, the effective length, terms and conditions of the lease.

(4) The intent of the landowner to sell or convert the land for or to nonagricultural purposes.

(5) The proximity of the property to existing urban or metropolitan development.

(6) The productivity of land in its present use.

Caliper means the trunk diameter of planted trees. Caliper shall be measured six (6) inches above the ground for trees up to and including four (4) inches in caliper, and measured twelve (12) inches above the ground for trees exceeding four (4) inches in caliper.

DBH or diameter at breast height means the trunk diameter of an existing tree measured four and one-half (4 ½) feet above the average ground level at the tree base. If the tree forks between four and one-half (4 ½) and two (2) feet above ground level, it is measured below the swell resulting from the fork. Trunks that fork below two (2) feet shall be considered multitrunk trees. DBH for multitrunk trees shall be determined by adding together the DBH of the two (2) largest trunks four and one-half (4 ½) feet above the ground.

Development. See definition in chapter 1.

Drip line means a vertical line extending from the outermost branches of a tree to the ground. (See Figure 1)

Frontage means linear distance measured along all abutting street rights-of-way.

Green space means all areas of natural plant communities or areas replanted with vegetation after construction, such as revegetated natural areas, tree, shrub, hedge or ground cover planting areas, and lawns.

Ground cover means a low-growing herbaceous or woody plant other than turf, not over two (2) feet high, used to cover the ground.

Grubbing means the removal or destruction of any living rooted vegetation by digging, raking, dragging or bulldozing activities.

Hardwood tree means a broadleaved flowering tree growing to a mature height of at least fifteen (15) feet in northeast Florida.

Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.

Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants.

Land clearing means the grubbing of any type of vegetation from the land.

Landscaping means any combination of living plants, such as grass, ground cover, shrubs, vines, hedges or trees, and nonliving landscape material such as rocks, pebbles, sand, mulch, walls or fences.

Mulch means nonliving organic materials customarily used in landscape design to retard erosion and retain moisture.

Palm tree means an evergreen plant of the Palmaceae family, cold hardy in northeast Florida, having a single trunk and terminal crown of large pinnate or fan-shaped leaves.

Perimeter landscape means a continuous area of land which is required to be set aside along the perimeter of a lot in which landscaping is used to provide a transition between and to reduce the environmental, aesthetic and other impacts of one type of land use upon another.

Pine tree means a coniferous tree of the Pinaceae family having needle-shaped leaves and bearing cones.

Protected tree means a tree that meets the criteria as provided for in this chapter.

Shade tree means a hardwood tree with a mature crown spread of thirty (30) feet or more.

Understory vegetation means assemblages of natural low level woody, herbaceous and ground cover species which exist in the area below the canopy of the trees.

Vines means any of a group of woody or herbaceous plants which may climb by twining, by means of aerial rootlets or by means of tendrils, or sprawl over the ground or other plants.

1.4 Inspections

a) Initial inspection. Initial inspections of development subject to this chapter shall be made upon completion of tree cutting or removal.

b) Final inspection. Final inspection shall be made upon completion of paving, parking, drainage, irrigation and landscaping.

1.5 Maintenance and protection of landscaping

a) Continued maintenance required. The property owner shall be responsible for the maintenance of all landscaped areas, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance free of refuse, debris and weeds.

b) Replacement required. The property owner shall be responsible for the replacement of any plant material that at any time dies or becomes irreparably damaged, to the same condition as would have originally been required. All plant material shall meet the standards described in this chapter in the timeframes stated. Plant material shall be replaced at any time the material does not meet the standards described in this chapter.

c) Irrigation system required. To maintain the landscaping in a healthy condition, all landscape areas shall be provided with an irrigation system that supplies one hundred (100) percent coverage to all required landscaping plant material. The irrigation system may consist of an underground system, drip system, quick coupling valves, or hose bibs spaced one hundred (100) feet on center. The system shall include a rain sensor device or switch which will override the irrigation cycle of the system when adequate rainfall has occurred. The building and zoning office may waive the irrigation requirement where it can be shown that this requirement is not necessary in order to ensure proper irrigation of the area or that other natural or manmade sources of irrigation are sufficient to provide the required irrigation.

d) Wheel stops or curbs required. Where necessary to prevent encroachment by parked or moving vehicles into landscape areas, wheel stops or curbs shall be used, subject to the approval of the building and zoning office.

e) Landscaped areas to remain pervious. Paving, treating or covering a required landscape area in a way that renders it impervious it prohibited.

1.6 Replacement of existing trees or vegetation used for credit

If, at any time after all associated land alteration and construction activities are completed, a tree or understory vegetation for which credit was given is dead or irreparably damaged or unhealthy as a result of these activities, then the tree or understory vegetation shall be removed and replaced with trees or such understory vegetation as would have originally been required.

1.7 Recommended plant list

Recommended trees. Recommended trees for use in meeting the requirements of this chapter are as follows:

(a) Shade trees

Betula nigra (River Birch)

Carya glabra (Pignut Hickory)

Carya illinoiensis (Pecan)

Chamaecyparis thyoides (White Cedar)

Fraxinus species (Ash)

Liriodendron tulipifera (Tulip Tree)

Magnolia grandiflora (Southern Magnolia)

Platanus occidentalis (Sycamore)

Quercus laurifolia (Laurel Oak)

Quercus shumardii (Shumard Oak)

Quercus virginiana (Live Oak)

(b) Other trees

Acer rubrum (Red Maple)

Btia capitata (Pindo Palm)

Cercis canadensis (Redbud)

Chionanthus virginicus (Fringe Tree)

Cornus florida (Flowering Dogwood)

Cupressocyparis leylandii (Leyland Cypress)

Eriobotrya japonica (Loquat)

Gordonia lasianthus (Loblolly Bay)

Ilex opaca (American Holly)

Ilex vomitoria (Yaupon Holly)

Juniperus silicicola (Southern Red Cedar)

Lagerstroemia indica (Crepe Myrtle)

Ligustrum japonicum (Ligustrum Tree)

Liquidambar stryraciflua (Sweet Gum)

Myrica cerifera (Wax Myrtle)

Parkinsonia aculeata (Jerusalem Thorn)

Pinus elliotii (Slash Pine)

Pinus taecia (Loblolly Pine)

Prunus caroliniana (Cherry Laurel)

Prunua serotina (Black Cherry)

Pyrus calleryana (Bradford Pear)

Sabal palmetto (Cabbage Palm)

Salix babylonica (Weeping Willow)

Taxodium distichum (Bald Cypress)

Ulmus parvifolia (Drake Chinese Elm)

Ulmus pumila (Dwarf Elm)

1.8 Screening material. Recommended screening material is as follows:

Cortaderia selloana (Pampas Grass)

Elaeagnus pungens (Silverthorn)

Feigjoa sellowiana (Pineapple Guava)

Ilex cornuta (Chinese Holly)

Ilex glabra (Gallberry)

Ilucium species (Anise)

Juniperus chinensis (Pfitzer Juniper)

Juniperus chinensis (Hetzii Juniper)

Ligustrum japonicum (Privet)

Ligustrum sinensis (Variegated Chinese Privet)

Podocarpus macrophylla (Podocarpus)

Pittosporum tobira (Pittosporum)

Pittosprum tobira (Variegated Pittosporum)

Rhaphiolepsis indica (India Hawthorn)

Rhododendron species (Azalea)

Viburnum odoratissimum (Sweet Virburnum)

Viburnum suspensum (Sandankwa Viburnum)

1.9 Visibility at intersections

a) Visibility areas. The are within clear visibility triangles shall be unobstructed at a level between two (2) and eight (8) feet above the elevation of the adjacent pavement. Only trees with trunks free of vegetation and limbs within the cross visibility area will be permitted; other landscaping, wall and earth mounds not exceeding a height of two (2) feet; utility poles and traffic signs shall be allowed with the clear visibility triangles.

b) Distance standards. The distance measured along both of the two (2) roadways from the intersection of the roadways shall conform to the following standards:

(1) The area of property on both sides of an accessway which intersects with another accessway within a vehicular use area. Two (2) sides of each triangle shall extend six (6) feet each way from the point of intersection, the third side being a line connecting the ends of the other two (2) sides.

(2) The area of property on both sides of an accessway where the accessway intersects with a street right-of-way. Two (2) sides of each triangle shall extend ten (10) feet each way from the point of intersection, the third side being a ling connecting the ends of the other two (2) sides. (See Figure 2)

(3) The area of property located at the corner formed by the intersection of two (2) or more street rights-of-way. Two (2) sides of each triangle shall extend thirty-five (35) feet along the right-of-way lines, measured from their point of intersection, the third side being a line connecting the ends of the other two (2) sides. (See Figure 3)

1.10 Retention and detention basins

(a) General design standards. St. Johns River Water Management District regulations and permitting procedures shall regulate retention and detention basin design. A site plan showing the basin must be filed with the beautification advisory committee for final approval. The final approval will be based on the following objectives:

(1) Major viewpoints; location of shorelines. Dominant viewing points from buildings, roads, etc., should be aligned so that major sight lines cross the longest dimension of the water surface. If possible, basin shorelines should be located along existing vegetation to benefit from shade and wildlife habitat, and to cast reflections.

2) Shape. Irregular basin shapes with smooth, flowing shorelines complementing the site should be design, while rectangular shapes should be avoided. The basin should be design and located to complement existing land forms, vegetation, water and structures with minimum disturbances.

(3) Clearing of shoreline. When possible to locate basin shorelines along existing vegetation, the areas cleared should follow the natural, irregular shapes of the site. A minimal width along the shorelines should be cleared, and the vegetation feathered back. (See Figure 4)

(b) Retention or detention basins fronting on other property. For retention or detention basins fronting on other property, in addition to the design guidelines in subsection (2) of this section, the following criteria must be met and the design approved by the beautification advisory committee:

(1) Landscape strip. A minimum ten-foot-wide landscape strip between top of the bank of the retention or detention basin and the property is required.

(2) Plant material. The landscape strip shall be landscaped with grass, shrubs, ground covers, existing vegetation or a combination thereof. See section 3.6.4 for buffer requirements for incompatible land uses.

(3) Tree planting. At least one tree for every two thousand five hundred (2,500) square feet of surface water, at maximum elevation, shall be required. And additional tree is required when the fraction is fifty (50) percent of more (seven thousand (7,000) square feet would require three (3) trees). At least seventy-five (75) percent of the trees shall be shade trees. All tree required by this subsection shall be located within fifty (50) feet of the shoreline. The minimum tree requirements under section 3.7.5 may be used to satisfy the tree planting requirements.

1.11 Location for planted trees

Trees shall not be placed where they interfere with site drainage or where they will required frequent pruning in order to avoid interference with overhead power lines.

ARTICLE II

Tree Protection

2.1 Tree protection permit required

A tree protection permit shall be required prior to any land clearing or grubbing, any disturbance of the root system or site development, and prior to the occurrence of any changes to an existing developed site.

2.2 Application fee

A nonrefundable application fee, as may be set by resolution, shall accompany all tree protection permit applications.

2.3 Application requirements

(a) All applications shall be in writing and in such form as may be determined by the Town Council.

(b) The application shall, at a minimum, include the following:

(1) Name and address of the owner and agent, along with signatures of the same;

(2) Address and legal description of the property; and

(3) A statement, if applicable, explaining why the protected tree is proposed to be removed or relocated.

c) In addition to the above requirements, the application shall include a site plan, at a scale which clearly illustrates the requirements of this chapter, showing the following:

(1) Lot configuration;

2) The location and identification of existing and proposed improvements, if any, including but not limited to structures, water retention areas, paving, grade changes, utilities, easements and street rights-of-way or approved private streets;

3) Location and identity by botanical or common name and DBH of protected trees to be removed, relocated or retained; and

(4) Preserve areas.

In areas where groups of trees are to remain and no soil is to be disturbed, the tree group may be identified by general species.

2.4 Procedure for apply for and issuing a tree protection permit

(a) The following steps shall be followed to apply for and issue a tree protection permit:

1) Submittal of application. The develop shall submit a completed application as described in this chapter, to the building and zoning official along with the required application fee.

2) Determination of completeness. The building and zoning official shall determine that the information on the application is complete or incomplete and notify the developer of any deficiencies.

3) Issuance of permit, denial and appeals. The building and zoning official shall review the application and make a decision within ten (10) working days after receipt of such application. If it has not been demonstrated to the satisfaction of the building and zoning office why a tree should be removed and the application is denied, the applicant may request that the beautification advisory committee review the permit application and authorize or deny a permit. If the building and zoning office cannot clearly determine conformance with this chapter, it may submit the application to the beautification advisory committee for the issuance of denial of the permit.

5. Pruning or removal of trees on public property

a) Any person or agent thereof who intends to trim, prune, cut, disturb roots, or destroy or remove any tree from a public easement, public property or right-of-way shall obtain a permit from the building and zoning office.

b) All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions of the permit.

2.6 Protected trees

a) Generally. No person shall directly or indirectly cut down, remove, damage or destroy any protected tree as defined by this part without first having obtained a permit according to the procedures set forth in this chapter.

b) Listing of protected trees. Protect trees are as follows:

(1) Trees within twenty feet of a street right-of-way. Any hardwood tree with a DBH of four (4) inches or more, any palm tree eight (8) feet in height or more measured from the ground to the based of the palm fronds, or any pine tree with a DBH of twelve (12) inches or more, which is within twenty (20) feet of a street right-of-way, including an approved private street or access easement.

(2) Trees within ten feet of any other property line. Any tree with a DBH of twelve (12) inches or more, or any palm tree eight (8) feet in height measured from the ground to the base of the palm fronds, located within ten (10) feet of any property line other than a street right-of-way as described in subsection (a)(1) of this section.

3) Trees within the interior of the property. Any tree with a DBH of eighteen (18) inches or more, or any palm tree eight (8) feet in height measured from the ground to the base of the palm fronds, located within the interior of the property.

(c) Exceptions. The following protected trees are exempt from the provisions of this chapter:

(1) Trees on single-family lots. Any tree located on property on which either a single-family home, duplex or mobile home on an individual lot is located.

(2) Trees on agricultural land. Any tree located on property which is in use for bona fide agricultural purposes, including nurseries, groves and botanical gardens.

(3) Trees dangerous to public health, welfare or safety. Any tree that poses imminent danger to the public health, welfare or safety and requires immediate removal without delay. In such instances, verbal authorization to remove a protected tree may be given by the building and zoning office.

(4) Trees located on approved right-of-way or easement. Any tree located within an existing or proposed street right-of-way or easement shown on a set of approved final construction plans for the required improvements.

2.7 Tree protection guidelines

All protected trees, reserved understory vegetation and trees retained for tree credit shall be protected from injury during any land clearing or construction in the following manner:

(1) Temporary barriers. Prior to any land clearing operations, temporary barriers shall be installed around all trees and other understory vegetation to remain within the limits of land clearing or construction, and shall remain until the completion of the work. The temporary barrier shall be at least three (3) feet high, be placed at least six (6) feet away from the base of any tree, and shall include at least fifty (50) percent of the area under the dripline of any protected trees retained for tree credit. The barrier shall consist of either a wood fence with two-inch by four-inch posts placed a maximum of eight (8) feet apart with a two-inch by four-inch minimum top rail, a temporary wire mesh fence, or other similar barrier which will limit access to the protected area. The barrier shall comply with the guidelines in the Tree Protection Guide for Builders and Developers published by the state division of forestry and any other reasonable requirements deemed appropriate by the building and zoning office. (See Figure 5)

(2) Protected areas. No materials, trailers, equipment or chemicals shall be stored, operated, dumped, buried or burned within the protect areas. No attachment wires, other than protective guy wires, signs or permits shall be attached to a protected tree.

(3) Tree care. When removing branches from protected trees to clear for construction or for pruning to restore the natural shape of the entire tree, the guidelines in the National Arborist Association Pruning Standards for Shade Trees and The American National Standards for Tree Care Operations (ANSI #Z133.1) shall be followed. Protected trees shall be pruned and fertilized as necessary to compensate for any loss of roots and to stimulate root growth. Any damage to tree crowns or root systems shall be repaired immediately after damage occurs.

ARTICLE III

Landscaping

3.1 Landscape permit required

Prior to the issuance of any building permit or paving permit, a landscape plan application shall be approved by the building and zoning office.

3.2 Application fee

A nonrefundable application fee of twenty dollars ($20.00) shall accompany the application for landscape approval.

3.3 Application requirements

(a) All applications shall be in writing and in such form as may be determined by the Town Council.

(b) The application shall, at a minimum, include the following:

(1) Name and address of the owner or agent, along with signatures of the same; and

(2) Address and legal description of the property.

c) In addition to the above requirements, the application shall include a site plan, at a scale which clearly illustrates the requirements of this chapter [division], showing the following:

1) Vehicular use areas, access aisles, driveways and similar features.

2) Location of sprinklers or water outlets.

3) The location of plant material to be installed or preserved in accordance with the requirements of this chapter [division], designated by botanical or common name, size, and spacing.

4) The location and characteristics of all other landscape materials to be used.

5) The location of all landscape features, including areas of vegetation required to be preserved, in context with the location and outline of existing and proposed buildings and other improvements upon the site, if any.

6) Other information as may be required by the building and zoning office to the extent such information is reasonable and necessary to make a determination that the landscape plan meets the requirements of this article.

3.4 Procedure for applying for and issuing a landscape permit

The following steps shall be followed to apply for and issue a tree protection permit:

(1) Submittal of application. The developer shall submit a completed application as described in this chapter, to the building and zoning official along with the required application fee.

(2) Determination of completeness. The building and zoning official shall determine that the information on the application is complete or incomplete and notify the developer of any deficiencies.

(3) Issuance of permit, denial, and appeals. The building and zoning office shall review the application and make a decision within ten (10) working days after receipt of such application. If the landscape plan is in compliance with the requirements of this chapter [division], a permit will be issued. Nonconforming plans may be revised to meet the approval of the building and zoning office. If the application is not revised pursuant to the comments of the building and zoning office, the application will be denied. The applicant may request that the beautification advisory committee review the plans and authorize a permit to be issued or denied.

(b) Approval of plans for multifamily housing. All requirements of subsection (a) of this section apply for the review and approval of a landscape plan for multifamily residential developments. Before a permit is issued by the building and zoning office, the beautification advisory committee shall approved the landscape plan. A ten-day extension is allowed for this review.

3.5 General standards

a) Specifications for plant materials. All tree and shrub material used to fulfill division 2 and 3 of this article shall be Florida No. 1 stock, per Grades and Standards for Nursery Plants, Parts I and II, state department of agricultural. All material shall be healthy, vigorous and free of disease and insects.

(b) Trees.

1) Trees shall be of a species having an average mature crown spread of not less than fifteen (15) feet in northeast Florida. Shade trees shall have thirty-foot mature crown of greater.

2) Single trunk trees shall be a minimum of two and one-half (2 ½) inches caliper and have a minimum of twelve (12) feet overall height and a six-foot spread at installation.

3) Multitrunk trees shall have a minimum of three (3) trunks, and an overall height of ten (10) feet.

4) Rootball sizes of all trees, except palms, shall conform to the American Nurserymen Association’s minimum standards.

5) Palm trees shall have a minimum clear trunk height of eight (8) feet measured from the ground level to the base of the palm fronds. Palms may be substituted for the required trees at the ratio of three (3) palms for each required tree or four (4) palms for each required shade tree. Each palm shall be planted in no less than sixteen (16) square feet of planting area, with a minimum dimension of four (4) feet. (See Figure 6)

(c) Shrubs. Hedges and shrubs used to form an opaque landscape screen shall be no less than three-gallon (eighteen-inch height, eighteen-inch spread) container-grown material or equivalent balled and burlap material.

(d) Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in swales, on slopes of 4:1 or greater and on other areas subject to erosion. When permanent seed is sown during its dormant season, an annual winter grass shall also be sown for immediate effect and protection until permanent coverage is achieved.

(e) Mulch. A minimum three-inch layer of organic mulch such as wood, bark and pine straw shall be applied and maintained in all tree, shrub and ground cover planting areas. Gravel mulch shall be used only in the bottoms of swales , catchment basins and retention areas.

3.6 Perimeter Landscaping Requirements

3.6.1 Credit for preserving existing trees and vegetation

Tree and screen planting requirements may be satisfied by preservation of existing trees and vegetation, provided all of the following requirements are met:

(1) Perimeter tree credits. Tree planting requirements under section 3.6.2 along rights-of-way may be substituted by existing trees provided that all existing trees used as credit are within twenty-five (25) feet of the property line.

(2) Screening credits. The use of existing understory vegetation is encouraged and may be substituted for new planting. The existing vegetation must either meet the screening requirements as defined in subsection 3.6.2, or the following alternative requirements in which no new planting is required:

a. The landscape strip shall be a minimum of fifteen (15) feet in width and cover at least eight (80) percent of the street frontage, excluding driveways.

b. The area shall be undisturbed and in a natural state. At least fifty (5) percent of the area shall be evergreen and nonherbaceous vegetation.

c. The natural areas may be used in conjunctions with new plantings, walls and earth mounds.

d. The area shall be protected during construction utilizing temporary barriers as defined in subsection 3.6.2.

e. The area to be used as credit must meet the approval of the building and zoning office and the beautification advisory committee. (See Figures 7 and 8)

(3) Allowable tree credits. The following credits for preserving existing trees shall be utilized (See Figure 9):

Number of

DBH of Existing Trees Trees Credited

2 inches and above 1

6 inches and above 2

12 inches and above 3

18 inches and above 4

8-foot height palm 1/3

(3 palms = 1 credit)

(4) Condition of trees to be used as credit. Existing trees may be utilized to satisfy any requirement for trees, subject to the following conditions:

a. An area within the dripline of the trees a minimum of six (6) feet away from the base of any tree, and including at least fifty (50) percent of the area under the dripline, shall be preserved in its natural state or covered wit pervious landscape material; provided, however, that the minimum area preserved shall be at least one hundred fifty (150) square feet for shade trees and at least twenty-five (25) square feet for all other trees. Such area shall be maintained at its original grade with no trenching, cutting of any roots or compaction of soil. There shall be no storage of fill, concrete, paint, chemicals or other foreign substances in or on the soil.

b. The trees shall not be damaged from skinning, barking and the like.

c. The trees shall be healthy and free from disease, damage and active insect infestation potentially lethal to the tree.

d. Each tree shall be located no less than fifteen (15) feet, measured trunk to trunk, from any other existing tree being utilized under this section.

3.6.2 Parking and internal roadways fronting rights-of-way

a) Landscape strip. A minimum of a ten-foot wide landscape strip between parking or internal roadways and a street right-of-way is required. (See Figure 10)

b) Tree planting. One tree is required for every forty (40) linear feet of the frontage where the parking or interior roadway abuts a street right-of-way. At least seventy-five (75) percent of the trees must be shade trees, and trees must be locate within twenty-five (25) feet of the property line. The trees may be clustered, but shall be no more than sixty (60) feet apart. An additional tree is required when the fraction over forty (40) linear feet is fifty (50) percent or more (one hundred-foot frontage requires three (3) trees). (See Figure 11)

c) Screening. A durable, opaque landscape screen along at least eight (80) percent of the street frontage, excluding driveways, is required. Shrubs, preserved existing understory vegetation, walls, fences, earth mounds or a combination thereof may be used so long as the screen is no less than three (3) feet high measured from the property line grade two (2) years after installation. Shrubs and preserved existing understory vegetation shall be evergreen, a minimum of eighteen (18) inches in height at installation, and spaced so that eighty-five (85) percent opacity is achieved within two (2) years. Walls or fences shall be no more than four (4) feet in height and of wood or masonry at least eighty (80) percent opaque. Earth mounds shall not exceed a slope of 3:1. No less than twenty-five (25) percent of the street side frontage of walls or fences shall be landscaped with shrubs or vines. Walls and fences must be approved by the beautification advisory committee. (See Figure 12)

d) Other planting. The remainder of the landscape area shall be landscaped with trees, shrubs, ground covers, grass or mulch. Mulch shall not exceed twenty-five (25) percent of the total landscape area.

e) Exceeding minimum requirements. Landscape areas required by this section shall not be used to satisfy the interior landscape requirements. However, trees which exceed the minimum requirements may be used to satisfy the interior landscape requirements, providing other criteria are met.

f) Frontage adjoining railroad or utility right-of-way. If a railroad or utility right-of-way separates the parking and internal roadways from the public street or approved private street, the perimeter landscaping requirements of this section shall still apply.

3.6.3 Parking and internal roadways fronting other property

a) Landscape strip. A continuous five-foot buffer strip between the property line and the parking or internal roadway is required for parking and internal roadways fronting on property other than street right-of-way. See section 3.6.4 for buffer requirements for incompatible land uses. (See Figure 13)

b) Planting generally. The five-foot buffer strip shall be landscaped with grass, shrubs, ground cover or existing vegetation.

c) Trees. One tree for every fifty (50) linear feet of frontage along which parking or an interior roadway abuts an adjacent property is required. At least seventy-five (75) percent of the trees must be shade trees. The trees may be clustered, but shall be no more than seventy-five (75) feet apart. An additional tree is required when the fraction over fifty (50) feet is fifty (50) percent or more (two hundred seventy-five (275) feet of frontage would require six (6) trees). Trees must be located within twenty-five (25) feet of the property line. (See Figure 14)

3.6.4 Buffers between incompatible land uses

a) Nonresidential uses abutting residential property. Where commercial, industrial or office property adjoins residentially zoned property, a twenty-foot planted green space is required. Within the green space, a solid wall or fence at least six (6) feet in height will be required. (See Figure 15)

b) Multifamily uses abutting single-family property. Where multifamily uses abut property zoned single-family, a twenty-foot planted green space is required. Within the green space, a solid wall at least six (6) feet in height will be required. The twenty-foot green space will be planted in grass, shrubs, ground cover or a combination thereof. (See Figure 15)

c) Trees. Tree requirements defined in subsection 3.6.3 apply to buffer requirements of incompatible land uses.

3.7 Interior Landscape Requirements

3.7.1 Tree requirements for interior parking areas and roadways

At least one tree for every four thousand (4,000) square feet of interior parking area and roadway shall be required. An additional tree is required when the fraction over four thousand (4,000) square feet is fifty (50) percent or more (then thousand (10,000) square feet of area would required three (3) trees). At least seventy-five (75) percent of the trees shall be shade trees. All trees required under this subsection shall be located within the parking area and roadway islands and medians. (See Figure 16)

3.7.2 Interior parking islands

a) Location and number. Each row of parking spaces in interior parking areas shall be terminated by a landscape island. There shall be no more than ten (10) parking spaces in a row without a landscape island. (See Figure 16)

b) Size. Landscape islands within the parking area shall have inside dimensions of not less than eight (8) feet wide and eighteen (18) feet long, or thirty-six (36) feet long if a double row of parking. The ends of the landscape islands shall be curved, with a two-foot minimum inside curve radius and a fifteen-foot minimum outside curve radius. Each side of the terminal island adjacent to a travel land shall have a continuous six-inch-high curb of concrete or other appropriate permanent material. (See Figures 16 and 17)

c) Planting within landscape islands. Tree requirements described in sections 3.7.1 shall be contained within the landscape islands and distributed evenly throughout the property. All islands shall be planted with grass, shrubs, ground covers or a combination thereof when in combination with trees. Landscape islands which contain no trees shall be planted with shrubs, which shall cover at least fifty (50) percent of the landscape island. Preserved existing understory vegetation may be used to fulfill this requirement. (See Figure 16)

3.7.3 Truck terminals, storage areas, etc.

The tree planting requirements described in section 3.7.1 also apply to specialized vehicular use areas which are closed to the public such as storage areas, truck terminals, motor freight terminals, and other transportation and warehousing operations. However, there are no interior landscape island requirements, and trees may be planted anywhere on the property. These requirements do not replace perimeter requirements; they are in addition to such requirements.

3.7.4 Alternative planting locations

If it can be shown to the satisfaction of the building and zoning office that the strict application of this division will seriously limit the function of the property, the building and zoning office may approve an alternative location of the required interior landscape islands or tree requirements.

3.7.5 Minimum number of trees

Unless otherwise required, the minimum number of trees shall be planted or preserved upon each site pursuant to the following standards, which are the minimum requirements for landscaping within the town:

(1) Tree requirements. Minimum tree planting requirements for all property other than property upon which either a single-family dwelling or a mobile home on an individual lot is located are as follows:

a. One tree shall be planted or preserved for every six thousand (6,000) square feet of lot area or portion thereof which is located in any residentially zoned, commercial or residential, professional office (RPO) district, excluding therefrom preserve areas and water bodies.

b. One tree shall be planted or preserved for every ten thousand (10,000) square feet of lot area or portion thereof, excluding therefrom preserve areas and water bodies, in any industrial district or governmental use district.

(2) Interior landscaping substitutions. Trees required for interior landscaping under section 3.7.1 may be used to fulfill the tree requirements of this section. Trees used to meet perimeter tree requirements shall not be used to fulfill this requirement.

Interior Landscaping Substitution Example

For a 5-acre parcel of land zoned commercial, having 2.3 acres of the 5 acres for parking, roadways, etc.:

2.3 acres = 100,188 ft2 /4,000 ft2 = 25.1 or 25 trees required for the parking/ roadway areas.

5 acres = 217,800 ft2/6,000 ft2 = 36.3 or 36 trees required for the lot area.

The twenty-five (25) trees for parking/ roadway areas may be used to fulfill the overall lot requirements, so eleven (11) additional trees are required to achieve the thirty-six (36) trees needed.

(3) Existing trees credit. Existing trees, including palm trees, which are larger than the minimum size, may be credited as indicated in subsection 3.6.1. A minimum of seventy-five (75) percent of all required trees shall be shade trees.

8. Residential Landscape Requirements

3.8.1 Multifamily structures and mobile home parks

A landscape plan shall be prepared for multifamily structures which include attached units of three (3) or more units, and mobile home parks, and submitted to the building and zoning office as outlined in section 2.4. All applicable requirements of this chapter shall apply, in addition to the following:

(1) Minimum green area. A minimum of thirty-five (35) percent of the ground area of a multifamily development must be maintained in landscaping or natural vegetation.

(2) Design objectives. The landscape plan will be reviewed and approved by the beautification advisory committee with the following objectives:

a. The landscape treatment should complement and soften the appearance of buildings on the site.

b. The landscape plan should effectively screen or relieve the monotony of paved areas.

c. The landscape plan should provide for and encourage the separation of vehicular and pedestrian traffic.

d. The site development plan should provide for maximum retention of existing trees.

3.8.2 Single -family homes and mobile home on individual lots

a) Minimum requirements. Minimum tree planting requirements for all property upon which either a single-family dwelling or a mobile home on an individual lot is located or to be located are as follows: One tree shall be planted or preserved for every six thousand (6,000) square feet of lot area or portion thereof, excluding therefrom preserve areas and water bodies. No more than fifteen (15) new trees shall be required to be planted or preserved on any lot.

b) Existing trees credit. Existing trees, including palm trees, which are larger than the minimum size, may be credited as indicated in subsection 3.6.1. A minimum of seventy-five (75) percent of all required trees shall be shade trees.

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