HomeMy WebLinkAboutAgenda CAB 100406AGENDA
CITY OF PALM BEACH GARDENS
COMMUNITY AESTHETICS BOARD
WEDNESDAY, OCTOBER 4, 2006, AT 5:30 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL:
COMMUNITY AESTHETICS BOARD
Regular Members
Alternates
Donna Wisneski — Chair
(1S` Alt.) -Vacant
William Olsen — Vice Chair
(2" d Alt.) - Vacant
Sherry Levy
Bettie Marks
Gail Vastola
2 - Vacant
IV. APPROVAL OF MINUTES: September 7, 2006
V. ITEMS BY STAFF LIAISON
i. Announcements:
(1) Sandhill Crane Park will begin construction
in October;
(2) Board appointments on Oct. 5, City Council agenda;
(3) November meeting date change (Nov. 8).
VI. OLD BUSINESS
VII. NEW BUSINESS
i. Hand out Preferred Species List for review
ii. Hand out Landscape Code for review
VIII. ADJOURNMENT
COMMUNITY AESTHETICS BOARD
September 7, 2006
Minutes
T
The Community Aesthetics Board met on September 7, 2006. The meeting was called to order by chair
Donna Wisneski at 5:35 p.m. in the Council Chambers Conference Room of the Municipal Complex
located at 10500 North Military Trail, Palm Beach Gardens, Florida, and was opened with the Pledge of
Allegiance.
I. ROLL CALL
Members Present: Donna Wisneski — Chairperson
William Olsen — Vice Chairperson
Gail Vastola
Bettie Marks
Sherry Levy
Members Absent: Carolyn Waters
Vacancies: 1 regular member
2 alternate members
Also present: Vice Mayor and Council Liaison, Jody Barnett
City Forester and Staff Liaison, Mark Hendrickson
II. APPROVAL OF MINUTES
The Board approved the minutes from the June 6, 2006 meeting.
III. BOARD MEMBERSHIP UPDATE
Mark Hendrickson informed the Board that the City Clerk's Office and Growth Management Office
have gathered applications for the vacant membership positions so the City Council can appoint persons
at their meeting in October. Of the three persons up for reappointment, two asked to be continued.
Applications, resumes and attendance records along with a review by the Staff Liaison will be submitted
for the Council's review.
IV. DOWNTOWN AT THE GARDENS PRESENTATION
Mark Hendrickson presented a history of the Downtown at the Gardens. He distributed some of the
Community Aesthetics Board Page 2 of 4
artist's renderings to the Board for review. Mark stated that his PowerPoint presentation accurately
represented what has been approved and what is presently in the field. There has been some disparity
between the artist renderings and what is actually in the Downtown at the Gardens area. This
development was initially approved by the City Council on June 5, 2003 and amended in December 18,
2003. The latest major amendment by the Council was approved on September 29, 2005. Downtown at
the Gardens is different from other projects in the City. It did get some landscape waivers to allow less
than 75% of the preferred species down the perimeter of the mall so they could use plant change outs
during the year. The plants are not exotics from the preferred species, but there are more plants than
required. The waivers were justified specifically for the middle of the open aired mall and they do
exceed code. The developer wanted flexibility to change out the landscaping, and in exchange the City
got more landscaping around the perimeter for that. That perimeter landscaping does exceed the Code.
Mark stated that people are used to developers doing so much more than code expects that when a
developer just meets minimum code it leaves a gap. Mark said lie could show the points where they
went over code, but it wouldn't mean much when comparing to a development that are well over code.
All native plants to North Palm Beach County are on the preferred species list. Other plants that may be
used have to be wind tolerant, cold tolerant, drought tolerant and flood tolerant as possible. Mark will
try and get a revised species list to the Board during the next few months. The availability of plants
enters into what developers can choose from. It was suggested by Bettie Marks that the predominant
trees in this project look scruffy. Mark stated the 55 -foot buffer has to use native plants and what is
there was already there. He added that all of our parkways have almost a native interior plant pallet. As
you move closer to the interior of a project then other taller plants with height can then be added. The
drawings depicted more colorful plants than what were actually put in place.
All colors are approved by the City. Although there is not a color pallet, paint swabs are approved by
the planning commission. Mark has met with the developer and some changes are being implemented.
The development across the street is putting pressure on the Downtown developer because of the higher
use of colorful plants being used. Bettie Marks stated that this was initially supposed to be a park -like
area where people could take a stroll and enjoy themselves. The Downtown in the Gardens environment
was presented differently from what has turned out. Mark stated that the park -like setting is still in
progress and will include the lake area. Only half of the lake area is finished, and presently only four
areas are ready for use. When the lake area is completed it will include a bridge and three other public
areas for the people to stroll around. In addition, an amphitheater site near the Cheesecake Factory will
be constructed for public use.
Mark continued, aesthetically speaking the surface on the second floor has been stained and looks dingy.
The surface is being retreated and a new surface installed so that these areas will not show these stains.
Outside areas will have roll -downs installed to hide some of the beer kegs and trash areas. Bettie Marks
stated that handicapped access and the elevator being too far from the movie house had been discussed
with the developer, and he was not aware of some of the Board's concerns. No actions had been taken
on his part until articles began appearing. Jody Barnett stated that she knew the developer had been
aware that handicapped persons had access issues and that there were concerns such as switching out the
freight and public elevators. Mark Hendrickson stated that this entire project is a work in progress and
future amendments for aesthetics and function will be strived for. A temporary parking area for service
personnel will be set up while a second parking facility is built per approved plans.
Mark stated that PGA Boulevard is the place to be, whether it is at the Mall, Midtown, Downtown,
Legacy or the Commons. These different areas meet the needs of different clientele. Once the lake area
is completed it will be the largest community gathering place in Palm Beach Gardens.
Donna Wisneski said the Board should stay on top of this development to see that it evolves into its
planned function. Mark Hendrickson related that the parking areas have more trees than other
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Community Aesthetics Board Page 3 of 4
developments. As a matter of fact, Mark stated that during the next few years as these trees grow they
will become so large that the business owners will be upset because of business visibility.
Donna Wisneski asked Jody Barnett if she had taken comments back to the City Council as promised
during the June meeting of the Board. Jody related that she had, everyone on the Council agreed with
the comments and that was the first article in the hometown news. As a result, the developer was
surprised to find that everyone felt that it could have been a better project than it is, it is a good project,
but it could have been better.
Donna stated that our code is allowing buildings to be larger and the bar needs to be raised for the
future. The green buffers that we had years ago provided a different aesthetic feel, and although the
present use of smaller landscaping in new buffers will grow in time, they are not providing the look the
Board seeks. Noting that we are approaching build -out and the heights and density need to be
reconsidered where landscaping is concerned, minimums should be raised and codes should be changed
to include not only numbers but quality and density of plants. Developers should be informed of what
our City expects. Mark stated that while this is true, the open space percentages have to be raised before
landscaping expectations can be changed. These are areas that need to be pursued with the City Council.
IV. FRENCHMAN'S RESERVE
From Hood Road to Prosperity Farms Road the upkeep has fallen down. Mark will bring this to the
attention of the people responsible and will see that it is corrected.
V. NEXT MEETING
Items for the Agenda for the next meeting will include: An update on the Sandhill Crane Park,
procedural direction on landscaping, increasing the code requirements for landscaping, suggestions for
Hood Road and an update on the City Hall complex improvements.
Community Aesthetics Board Page 4 of 4
VI. ADJOURNMENT
With no further business to discuss the meeting adjourned at 6:40 p.m.
Approval:
Donna Wisneski, Chairperson
Sherry Levy,
Board Member
Bettie Marks, Board Member
William Olsen, Board Member
Gail Vastola, Board Member
Carolyn Waters, Alternate Board Member
Attest:
Tuesday Craig, Municipal Services Coordinator
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
the meeting. A verbatim audio record is available from the Office of the City Clerk.
Note - All Palm Beach County native species shall be considered as acceptable
plants if used properly and planted in correct conditions.
Palm Beach Gardens Preferred Species List
TREES
Acer rubrum
Red Maple
AR
Bursera simaruba
Gumbo Limbo
BU
Calophyllum brasiliense
Brazilian Beauty Leaf
CB
Capparis cynophallophora
Jamaican Caper
CC
Cassia fistula
Golden Shower
CF
Chrysophyllum olivifome
Satin Leaf
CO
Clusia rosea
Pitch Apple
CR
Coccoloba diversifolia
Pigeon Plum
CD
Coccoloba uvifera
Seagrape
CU
Conocarpus erectus var. senceus
Silver Buttonwood
COS
Cordia sebestena
Geiger Tree
CS
Caesalpinia pulcherrima
Dwarf Poinciana
DR
Syzygium paniculatum ' Hookeriana'
Hookeriana
SY
Ilex cassine
Dahoon Holly
IC
Ilex x attenuata 'East Palatka'
East Palatka Holly
IP
Ilex x attenuate 'Savnnah'
Savannah Holly
IA
Ilex x Nellie R. Stevens
Nellie Stevens Holly
IS
Juniperus silicicola
Southern Red Cedar
JS
Lagerstromia spp.
Lagerstromia
LI
Ligustrum japonicum
Ligustrum
LJ
Magnolia grandiflora
Southern Magnolia
MG
Magnolia virginiana
Sweetbay Magnolia
MV
Persea borbonia
Red Bay
PB
Pinus elliotti densa
South Florida Slash Pine
PE
Quercus Virginiana
Live Oak
QV
Tabebuia heterophylla
Pink Trumpet Tree
TH
Tamarindus indica
Tamarind
TI
Taxodium distichum
Bald Cypress
TD
Tibouchina granulosa
Purple Glory Tree
TT
PALMS
Acoelorrhaphe wrightii
Pauortis Palm
AW
Adonidia merrillii
Adonidia Palm
AM
Bismarckia nobilis
Bismark Palm
BN
Chamaerops humilis
European Fan Palm
CH
Cocos nucifera spp.
Coconut Palms
CN
Dypsis decaryi
Triangle Palm
DD
Howea forsteriana
Kentia Palm
HF
Livistona chinensis
Chinese Fan Palm
LC
Livistona decipiens
Ribbon Fan Palm
LD
Phoenix roebelenii
Pygmy Date Palm
PR
Phoenix dactylifera
Medjool Date Palm
PD
Phoenix reclinata
Senegal Date Palm
PS
Phoenix sylvestris
Wild Date Palm
PW
Ptychosperma elegans
Alexander Palm
PT
Ravenea rivularis
Majesty Palm
RA
Rhapis excelsa
Lady Palm
RH
Roystonea spp.
Royal Palm
RE
Sabal Palmetto
Cabbage Palm
SP
Thrinax morrisii
Key Thatch Palm
TM
Thrinax radiata
Florida Thatch Palm
TR
Veitchia montgomeryana
Montgomery's Palm
VM
Washingtonia robusta
Washingtonia Palm
WR
Wodyetia bifurcata
Foxtail Palm
W B
SHRUBS
Agave spp.
Agave
AGA
Allamanda schottii
Bush Allamanda
ALB
Alpina spp.
Ginger
ALP
Asparagus densiflorus myers
Foxtail Fern
ASD
Begonia 'Angel Wing'
Angel Wing Begonia
BEG1
Begonia 'Dragon Wing'
Dragon Wing Begonia
BEG2
Begonia odorata 'Alba'
White Angle
BEG4
Bougainvillea spp.
Bougainvillea
BOU1
Brunfelsia pauciflora
Yesterday, Today & Tomorrow
BRP
Calliandra haematocephalla
Powder Puff
CAH
Cal/icarpa americana
Beautyberry
CAL
Capparis cynophallophora
Jamaican Caper
CAP
Carissa grandiflora
Natal Plum
CAR
Cephalanthus occidentali
Buttonbush
CEO
Chamaedorea cataractarum
Cat Palm
CAT
Chrysobalanus icaco spp,
Cocoplum
CHR
Clusia guttifera
Small Leaf Clusia
CLU
Coccoloba uvifera
Seagrape
COC
Codiaeum spp.
Croton
COD
Conocarpus erectus
Green Buttonwood
CON
Conocarpus erectus var. sericeus
Silver Buttonwood
COS
Cordyline spp.
Ti Plants
COR
Crinum spp.
Crinum
CRI
Dracaena spp.
Dracaena
DRA
Duranta erecta
Gold Mound Duranta
DUR
Elaeagnus phillippensis
Lingaro
ELA
Elaeagnus pungens
Silverthorn
ELP
Eugenia spp.
Stopper
EUW
Forestiera segreata
Florida Privet
FOR
Galphimia gracilis
Thryallis
GAL
Garcinia spicata
Garcinia
GAS
Hamelia patens spp.
Firebush
HAM
Hibiscus spp.
Hibiscus
HIB
Hymenocallis latifolia
Spider Lily
HYM
Ilex vomitoria 'Nana'
Dwarf Yaupon Holly
ILN
Ilex cornuta 'Burfordii'
Burford Holly
IBU
Ixora spp.
Ixora
IXO
Jasmine spp.
Jasmine
JAS
Jatropha integerrima
Jatropha
JAT
Ligustrum japonicum
Wax Privet
LIG
Malpighia glabra
Barbados Cherry
MAG
Muhlenbergia capillaris
Muhly Grass
MUH
Murraya paniculata
Chalcas /Orange Jasmine
MUR
Myrcianthes frangrans
Simpson's Stopper
MYF
Myrica cerifera
Wax Myrtle
MYR
Nephrolepsis biserrata
Giant Sword Fern
NEP
Nephrolepsis exaltata
Florida Sword Fern
NEE
Nephrolepsis falcata
Macho Fern
NEM
Nephrolepsis falcata 'Furcans'
Fishtail Fern
NEF
Ochrosia elliptica
Kopsia
OCH
Philodendron xanadu
Philodendron
PHX
Pittosporum tobira spp.
Pittosporum
PIT
Plumbago 'Imperial Blue'
Plumbago
PLU
Podocarpus spp.
Podocarpus
POD
Psychotria nervosa
Wild Coffee
PSY
Rapanea punctata
Myrsine
RAP
Rhaphiolepis spp.
Indian Hawthorn
RHA
Spartina baked
Sand Cord Grass
SPA
Spartina patens
Saltmeadow Cord Grass
SPP
Schefflera arboricola spp.
Dwarf Schefflera
SCH
Serenoa spp.
Saw Palmetto
SER
Spathyphyllum 'Supreme'
Peace Lily
SPT
Strelitzia reginae
Bird of Paradise
STR
Tabernaemontana divaricata
Dwarf Crape Jasmine
TAD
Tecoma stans
Yellow Elder
TES
Tecomaria capensis
Cape Honeysuckle
TEC
Tulbaghia violacea
Dwarf Chord Grass
THU
Tibouchina urvilleana
Glory Bush
TIB
Tripsacum dactylodies
Fakahatchee Grass
TRI
Tripsacum floridanum
Florida Gama Grass
TRF
Yucca spp.
Yucca
YUC
Viburnum spp.
Viburnum
VIB
Zamia furfuracea
Cardboard Palm
ZAM
Zamia pumila
Coontie
ZAP
GROUNDCOVERS/VINES
Aspidistra elatior
Cast Iron Plant
ASP
Clerodendrum thomsoniae 'Delectum'
Bleeding Heart
CLE
Cyrtomium falcatum
Holly Fern
CYR
Dianella tasmanica
Blueberry Flax
DIA
Euphorbia spp.
Euphorbia
EUP
Helianthus debilis
Beach Sunflower
HEL
Hemerocallis 'Aztec gold'
Dwarf Evergreen Day Lily
HEM
Iris virginica
Blue Flag Iris
IRS
Juniperus chinensis 'Parsons'
Parsons Juniper
JUN
Juniperus conferta 'Blue Pacific'
Blue Pacific Juniper
JUP
Juniperus conferta 'Compacts'
Dwarf Shore Juniper
JUC
Lantana camara
Yellow Lantana
LAY
Lantana camara 'Confetti'
Confetti Lantana
LAC
Lantana montevidensis
Purple Trailing Lantana
LAN
Liriope spp.
Liriope
LIR
Microsorum scolopendrum
Wart Fern
MIC
Ophiopogon japonicum
Mondo Grass
OPH
Passiflora spp.
Passion Flower
PAS
Petrea volubilis
Queen's Wreath
Pilea microphylla
Artillery Fern
Pyrostegia ignea
Flame Vine
Senecia confusus
Mexican Flame Vine
Stronglyodon macrobotrys
Jade Vine
Thunbergia spp.
Thunbergia
Trachelospermum jasminoides
Confederate Jasmine
Trachelospermum asiaticum 'Minima'
Small Leaf Jasmine
Tradescantia spp.
Trimeza martinicensis
Purple Queen
Walking Iris
TURF
Paspalum notatum Argentine Bahia Sod
Stenotaphrum secundatum 'Floratam' St. Augustine
PEV
PIL
PYR
SEC
STR
THB
TRJ
TAM
TRA
TRM
C) LAND DEVELOPMENT § 78 -301
DIVISION 8. LANDSCAPING*
Sec. 78 -301. Purpose and intent.
(a) The purpose and intent of this division is to protect, preserve, and enhance the natural
environment and beauty of the city by creating minimum standards for installing and
maintaining landscaping and for vegetation protection. Landscaping that meets these stan-
dards provide the benefits listed below.
(1) Appearance. Improve and sustain the aesthetic appearance of the city.
(2) Air and water quality. Improve air and water quality by such natural processes as
transpiration and the maintenance of permeable land areas for aquifer recharge and
surface water filtration.
(3) Noise and pollution reduction. Buffer noise and reduce pollution through the filtering
capacity of living trees and vegetation.
(4) Energy conservation. Promote energy conservation through:
a. The creation of shade which reduces heat gain in or on buildings and paved areas;
and
b. The channeling and control of breezes to facilitate the natural cooling of
buildings.
(b) Soil erosion. Reduce erosion by stabilizing the soil.
(6) Habitat provision. Provide habitat for urban wildlife and a planned transition of the
city's green space and open space to the city's conservation areas.
(7) Water resources. Conserve freshwater resources through the use of drought - tolerant
plants and mulch, promoting the planting of less sod and water efficient irrigation
systems.
`rEditor's note Formerly, div. 7. See the editor's note ch. 78, art. V, div. 3.
Supp. No. 14 CD78:240.1
LAND DEVELOPMENT
§ 78 -302
(8) Buffering. Provide a visual buffer between otherwise incompatible types of land uses.
(9) Economics. Increase the economic value of land by serving as a capital asset when
properly incorporated into site design.
(10) Public health, safety, and welfare. Provide for the public health, safety and welfare.
(b) General provisions. In order to fulfill these goals, this division establishes the proce-
dures and standards listed below.
(1) Procedures.
a. Procedures to evaluate new landscape plans and existing vegetation protection
plans using:
1. Minimum standards for new landscape installations;
2. Minimum standards for the preservation of existing vegetation; and
3. General standards for landscape maintenance.
b. Procedures for administration and enforcement of these standards.
(2) Minimum standards. The provisions of this division shall be considered minimum
standards and shall apply to all development, as defined in section 78 -751.
(Ord. No. 17 -2000, § 142, 7- 20 -00)
I
Sec. 78 -302. Violations and penalties.
Violations of this division shall be enforced as provided in article VII.
(a) Failure to comply. Failure to comply with the requirements of this division or any permit
or approval granted or authorized hereunder shall constitute a violation of this division. Each
of the following shall constitute a separate violation:
(1) Each square yard containing a tree, shrubbery or groundcover which is destroyed,
removed, cleared or grubbed without a permit;
(2) Each tree, shrub or groundcover which is not properly installed, protected or main-
tained as required by this division or development order; or
(3) Each tree which is abused or improperly pruned or hatracked, as set forth in this
article.
(b) Additional remedies. In addition to any other remedies provided in this division, the city
shall have the option of pursuing civil actions in a court of competent jurisdiction for violation
of any provision of this division or any special condition which may be imposed in a permit or
other development order.
(Ord. No. 17 -2000, § 143, 7- 20 -00)
Supp. No. 10 CD78:241
§ 78-303 PALM BEACH GARDENS CODE
Sec. 78 -303. Approval required.
(a) Approval required. Unless otherwise provided within this division, land shall not be
landscaped, cleared, or grubbed within the city unless written permission is first obtained by
site plan approval and a permit as outlined in this division. Furthermore, any tree, except as
provided for in this division, shall not be cut down, destroyed, removed, or effectively destroyed
as a result of damaging the tree or changing the natural grade within the drip line of a tree,
without first obtaining site plan approval and a permit. The city may grant permission to
remove, add to, relocate, or plant vegetation on land within the limits of the city through a
procedure that requires an application and permit as described in section 78 -304 herein. With
the exception of sections 78- 314(d) and 78 -321, property owners of developed single- family lots
and duplex lots are exempt from the provisions of this division. Approved landscape and tree
protection plans may not be altered in any way, unless otherwise provided for by this division.
(Ord. No. 17 -2000, § 144, 7- 20 -00)
Sec. 78 -304. Application and permit required.
Any person applying for a site plan approval and requesting to landscape or clear existing
vegetation, grub, or remove (destroy) a tree or in any way alter existing plant communities or
alter previously- cleared land shall submit a complete development application to the growth
management director or designee.
(a) Change to approved plan. If a change to an approved landscape plan is needed by the C4
landowner or agent, an amendment to the development application, specifically the landscape
plan, shall be filed with and approved by the city.
(b) Application fees. Each development application and amendments, including changes to
the landscape plan, shall be accompanied by a fee imposed by the city council.
(c) Land clearing fees. Each permit for the clearing of property shall be accompanied by a
fee approved by the city council.
(d) Inspection and review. Prior to any application work or permit, the growth management
department shall make its services available for review or inspection of the site, provided there
is at least seven working days' notice thereof. The intent of the pre - application inspection is to
identify specific areas of concern and protection in order to plan for tree protection, relocation,
grading, drainage, building location, and road alignment prior to preparation of site plan
submission.
(Ord. No. 17 -2000, § 145, 7- 20 -00)
Sec. 78 -305. Development application.
(a) Application required. Any person who does not have a site plan or landscape plan
approval pursuant to section 78 -304, and who desires to clear vegetation, plant vegetation,
grub, or remove (destroy) a tree or in any way alter a plant community or previously cleared
land shall make a written application to the growth management department as provided
herein.
i
Supp. No. 10 CD78:242
LAND DEVELOPMENT § 78-305
i
(b) Approval required. The actions listed below require approval from the city council or
other duly authorized city board or committee and will only be reviewed upon submittal of a
development application and other necessary information.
(1) Installation, land clearing and removal. Installation of new landscaping, land clearing,
site vegetation grubbing, or removal of trees or other vegetation consistent with an
approved site plan, planned unit development, planned community district, or devel-
opment of regional impact.
(2) Clearing and removal. Clearing, grubbing, or removing trees or plants for the
expansion of a permitted use within a particular land use or zoning district.
(3) Major amendments. Proposing or making major changes, those changes that have
been deemed not minor by the growth management director, to the landscaping or
preserve area within a previously approved site development plan to the extent that
plant quantity or design is affected.
(4) Other changes or amendments. Changing the landscape area or preserve area of an
approved site plan due to restraints, conflicts or conditions put on the applicant or
agent by the state department of transportation, a utility company or a governmental
agency with multijurisdictional authority prior to starting work.
(c) Application evaluation. Evaluation of the development application will be based upon
the application package prepared by the property owner or designee. A pre- application field
inspection by the city forester is available. The application package shall include, but shall not
be limited to the information listed below.
(1) Application. The development application, which is available in the growth manage-
ment department.
(2) Fees. Payment of applicable fee.
(3) Waiver. The application shall include any requested waiver, pursuant to section
78 -158, from this division, in writing, with the specific section noted and a justification
of the waiver request.
(4) Location map. Location map, including but not limited to location within the city, the
nearest road, and water bodies.
(5) Vegetation and habitat map. A drawing to scale or aerial photo to scale of the site that
maps the existing terrestrial and aquatic vegetation and significant wildlife habitat,
including exotic invasive species and native plant communities at the same scale as
the site plan. This map shall also include the information listed below.
a. Within the plant communities, the location of all three -inch caliper trees or
greater.
b. Location of large groups of trees in close proximity can be designated as clusters
within predominant communities if approximate tree count and the largest and
average caliper in the cluster is indicated on the map. Use of plot samples to
acquire this information is acceptable.
Supp. No. 10 CD78:243
§ 78-305 PALM BEACH GARDENS CODE
C. Description of each plant community, including species within the canopy,
understory and ground cover and a written statement to indicate the removal,
relocation or preservation of all or part of such community.
d. Soil types and conditions.
e. Drawing to scale or aerial photo to scale that maps the species, location or
possible location of any federal- or state -listed plant or animal species that are
endangered, threatened, or species of special concern, and a written statement to
indicate the removal, relocation, or preservation of all or part of the habitat at the
same scale as the site plan. This requirement shall be consistent with division 4
of article V, pertaining to natural resources and environmentally significant
lands.
f. Features of archaeological, historic, or geological importance found on site.
g. Areas of previous alteration or degradation including present and past human
use, at the same scale as the site plan.
h. Surrounding landscaping or plant communities within 50 feet of the property.
i. Protected trees, as designated by the city council, will be located on a survey map
signed and sealed by a registered surveyor. This survey will be used in the project
design to help protect the trees through the planning stages of development.
j. Data table with specific values for acreage of each plant community, including
total upland and wetland areas before and after land alteration.
(6) Project design plan. A project design plan including the information listed below.
a. Site plan showing existing or proposed buildings, roadways, parking areas, utility
easements, dumpster enclosures, water features, flood control structures, backflow
preventers, wellfield locations, stormwater systems, landscaped areas, buffer
areas, preserve areas and other open space areas at the same scale as an overlay
of the vegetation map. A series of site plan or landscape plan sheets may be
required in order to indicate sufficient detail.
b. Elevation (contour) or grade maps for the existing grades and grades at the same
scale as the vegetation map. All berms, swales, detention and retention areas
shall be indicated on the landscape plan.
C. Mitigation proposals as they relate to loss of wetlands or actual occupied habitat
of endangered, threatened species or species of special concern for plants and
wildlife.
(7) Detailed landscape plan. All landscape plans except individual single- family and
duplex lots or areas of one acre or less, which are required by this article shall be sealed
by a landscape architect licensed to practice in the state or be prepared by another l"
Supp. No. 10 CD78:244
LAND DEVELOPMENT § 78-305
licensed professional authorized to prepare landscape plans by F.!>. Chapter 481.
Detailed landscape plans shall include but not be limited to the information listed
below.
a. Clearly delineated and keyed landscape areas, square footage of open space and
impervious areas, landscape materials with specifications, , uch as caliper,
height, species name, size and the like, and quantities to be used.
b. Data table including the following information: specific values f )r trees, shrubs,
sod, palms, and specimen tees, plants, or palms clearly delineated and calculated
open space points per 100 square feet for the total project, and percent of open
space that is preservation area. This shall include necessary justification for why
a species should be considered a specimen.
C. Description of hardscapes, defined herein as nonliving land: cape materials,
including heights, widths, type, and location of all barriers, including, but not
limited to, gravel and stone, concrete, pavers, clay products including brick, wood
decks, and vertical walls and fences.
d. Landscaping requirements for signs as required in division 7 of article V.
e. Typical plan view drawings and cross - section details of any perimeter buffer area,
road right -of -way, or parking lot landscaping.
f. Landscaping shall be shown as an overlay of the site plan including all new trees,
shrubs, grass, open areas, preservation areas and hardscapes.
1. All landscape plans shall depict existing trees or areas of existing trees to be
protected or relocated during construction.
2. Landscaping symbols representing new trees shall indicate the canopy
spread of the trees at the time of planting, to the greatest extent possible.
3. A future canopy spread at five years after planting may be depicted for
illustration purposes only, and shall be a separate landscape plan.
4. Landscaping depicted in any building elevation or rendering shall accu-
rately correspond to the landscape plan and shall depict th a landscaping at
time of planting.
g. A narrative plan to eradicate and prevent the reestablishment of prohibited plant
species listed in section 78 -318 herein.
h. Landscape protection measures, such as curbing and wheel stop:;, shall be shown
on the landscape plan.
i. Location of all temporary trailers and sales centers.
j. Landscape plans shall indicate all overhead lighting.
k. Conceptual irrigation system plan, including main lines, backflow preventer, and
water source. Also refer to subsection 78- 329(c) herein for more information.
(8) Alternative landscape improvement plan. Applicants shall be entitled to demonstrate
to, more effective compliance with the intent of this article, in whole or in part, through
Supp. No. 10 CD78:245
§ 78 -305
PALM BEACH GARDENS CODE
use of an alternative landscape improvement plan. An alternative landscape improve-
ment plan shall be reviewed as part of the development review process and, if
approved, shall be substituted, in whole or in part, for a landscape plan meeting the
express terms of this article.
a. The applicant shall provide an alternative landscape improvement plan which
clearly delineates and identifies the deviations from any of the minimum
landscaping standards of this article, and the landscape design or designs that
make the alternative plan better than a plan that would meet all the require-
ments of this article. The alternative landscape improvement plan shall be
labeled as an "alternative landscape improvement plan."
b. In reviewing an alternative landscape improvement plan, the city shall give
favorable consideration to exceptional landscape designs which attempt to
preserve and incorporate existing native vegetation, in excess of minimum
standards, and plans that demonstrate innovative design and use of plant
materials for foundation landscaping, to buffer incompatible land uses, and to
resolve landscape conflicts with utilities.
C. The city shall not approve an alternative landscape improvement plan if such
plan:
1. Results in planting or preservation of fewer trees than the minimum
number required by this division; or
2. Is not an improvement over a landscape plan prepared in strict compliance
with the other standards in this article; or
3. Is otherwise inconsistent with the intent of this article to encourage
exceptional or unique landscape design.
(9) Project operations. The information listed below regarding project operations shall be
provided.
a. Description of construction methodology to be performed on site, including use,
storage, handling or production of substances known to be harmful to plants or
wildlife.
b. Description of any anticipated soil, water, or air pollution produced or generated
by the project and known to be harmful to plants or wildlife.
C. Description of the project phasing. Any project that will require multiple building
permits due to the methodology or construction sequence caused by off-site
improvements, staging building by building, increasing square footage, restruc-
turing finances or changing market strategies will be considered phased. There
shall be a narrative and/or map depicting the projected phasing submitted that
describes when areas will be cleared and landscaped.
d. Prior to approval and, if applicable, revised site plans shall be accompanied by a
written description of all changes made since the last site plan review.
Supp. No. 10 CD78:246
LAND DEVELOPMENT § 78 -306
e. After approval and prior to any city permit, the site plan shall have all conditions
of approval located on the site plan, and this information will N. available on the
site during construction. A reduced copy shall be provided to the city clerk's office
for attachment to the respective ordinance or resolution documents.
(Ord. No. 17 -2000, § 146, 7- 20 -00)
Sec. 78 -306. Construction plan review.
(a) Landscape plan required. Any person applying for a building permit or requesting
review and approval of a construction plan that is based on a city- approved site plan or any
other plan which contains landscape improvements shall submit a lancscape plan and
irrigation plan with the construction documents for a building permit.
(b) Conceptual plans prohibited. Landscape and irrigation plans submitted as part of a
building permit application shall not be conceptual in nature. Plans submitted shall be final
plans, to be utilized for construction and installation of landscaping, irrigation, and related
improvements.
(c) Utility services. Landscape plans shall indicate locations of all watar, sewer, cable,
IJk, electric, telephone, drainage, including catch basins and detention or retention areas, or other
above ground or underground service. Backflow preventers, transformer3, gas lines, all
underground tanks and similar types of equipment that conflict with th 3 installation of
landscaping shall be indicated on the landscape plan.
(d) Easements encroachment. If utility or drainage easements are publicly recorded, prior to
construction plan permitting, they shall be indicated on the landscape plan. Otherwise, a
maximum of five feet of a required buffer may be overlapped by a utility easement or
encumbered by a utility not in an easement, provided that a minimum of five feet of the
required buffer remains free and clear of any overlap for the plant material installation.
(e) Approval for easement encroachments. Utility or drainage easements that overlap or
transverse buffers and any other open space containing landscaping may bE permitted with
written permission of the easement holder, prior to construction plan approval.
(f) Minor landscape plan changes. If for any reason minor changes, as dofined in section
78 -307 of this article, occur in the landscape plan submitted for a building permit, an
administrative approval shall be required. Minor landscape plan changes shoidd not affect the
permitting of a project. Major changes could delay a building permit application or require
formal approval by the planning and zoning commission or the city council, as determined by
the growth management director or designee.
(Ord. No. 17 -2000, § 147, 7- 20 -00)
Supp. No. 10 CD78:247
§ 78 -307 PALM BEACH GARDENS CODE
Sec. 78 -307. Administrative approval.
(a) Permitted administrative approvals. The following actions may be approved by the
growth management director or designee upon request for a permit. Administrative approvals
may include conditions of approval, as deemed necessary to meet the intent of a development
order.
(1) Clearing and grubbing. Clearing, grubbing, root pruning, or removal and relocation of
trees or other vegetation pursuant to an approved site plan or inclusion as common
elements within an approved planned development district master plan. Vegetation
clearing will not be permitted until a written land clearing permit is issued and the
permit fee is paid.
(2) Removal and replacement. Removing and replacing dead, diseased, damaged, or
insect- infested vegetation, including trees.
(3) Hazards. Removing or relocating vegetation, including trees, that are a hazard to
existing buildings, utilities, infrastructure or within a road right -of -way.
(4) Health and safety threats. Removing vegetation, including trees that may cause a
health or safety problem.
(6) Minor alterations.
a. Minor alterations or changes to approved landscape plans, or minor alterations to
APO-
existing landscaping if an approved landscape plan is not on file with the city,
within all districts to improve or remove proposed or existing landscape. Minor
alterations shall be defined as a change of type, quantity, or location that affects
not more than a combined total of 25 percent of shrubs, groundcover, palms, or
trees on a site.
b. Developers shall submit construction plans that are consistent with the approved
landscape plan of record. The city recognizes that adjustments to approved
landscape plans may be necessary, due to changes to utility locations or due to
plant material availability. Minor changes, as described above, shall be approved
by the growth management director or designee and properly documented in city
records.
(6) Fences. Installations of fences, if no expansion of an existing or proposed use is
intended.
(7) Temporary landscaping. Temporary landscaping, considered as landscaping other than
what was originally approved, if such installation does not result in the removal of
native vegetation.
(8) Exotic vegetation. Removal of exotic vegetation, including prohibited species.
(b) Verification required. Verification of proper landscaping installation shall include the
following:
(1) Species, including quality, type, quantity, and any other original plant specifications; fw
Supp. No. 10 CD78:248
LAND DEVELOPMENT
(2) Design or location;
(3) Irrigation; and
§ 78 -308
(4) All other landscape structures and material used or installed in accordance with the
site plan.
(c) Review. The city's landscape inspector will review the project for com )fiance after the
documentation has been received from the landscape architect.
(d) Deviation. Any deviation from the approved landscape plan will be rela; ied to the growth
management director or designee for further review prior to the issuance of the certificate of
occupancy. If landscape plan deviations cannot be corrected prior to the issuar.ce of a certificate
of occupancy, a letter of credit or bond shall be posted by the owner, gene:-al contractor, or
principal for the remaining work to be accomplished.
(Ord. No. 17 -2000, § 148, 7- 20 -00)
Sec. 78 -308. Compliance.
(a) Violation. Failure to install, maintain, or preserve landscaping or ,iative vegetation
required in accordance with the terms of this article shall constitute a violati )n of this chapter.
(1) Failure to comply. If the owner, tenant, or agent, including owner E.ssociations, shall
fail to meet the requirements of this article, or if the existing trees, shrubbery, grass,
or ground covering shall be permitted to die, either intentionally or unintentionally,
and such materials are not replaced within 30 days of the event, thi; city forester or a
code enforcement officer shall notify, in writing, the person responsible for the
maintenance or replacement of such property of the need to comply with the
requirements of this section within 30 days from the date of delivery of the notice.
(2) Extensions. The 30-day rule for compliance may be extended when necessary by the
city manager or his designee to recover from acts of nature such as a hurricane or a
freeze.
(3) Relocation or replacement. The plan approved to remedy any violation of this article
shall require that landscaping or habitat be replaced or relocated w were practicable or
feasible to comply with all requirements herein. Relocation or replacement shall
comply with the standards listed below.
a. Trees having a three -inch or greater caliper which are to be re placed on the same
site shall be replaced by the sum of three caliper inches i:o every inch lost.
Replacement trees shall be a minimum of three inches in caliper.
b. The city may require that trees having a three -inch or greater :abper be relocated
elsewhere on site or, if not practicable or feasible as determined by the approval
entity, to be replaced on the same site by trees, the sum of whose calipers are
40 equivalent to three times the caliper of the tree being removed.
Supp. No. 10 CD78 :249
§ 78 -308 PALM BEACH GARDENS CODE
C. If the site cannot support the total number of required replacement trees as
determined herein, the city may permit the owner to:
1. Donate excess trees to the city for planting on public lands at the owner's
expense;
2. Contribute to the city the monies equivalent to such required replacement
trees; or
3. Permit the required replacement trees to be placed upon other lands owned
by the same property owners.
d. Replacement trees shall have shade, environmental, or aesthetic qualities
comparable to or better than the replaced trees.
(Ord. No. 17 -2000, § 149, 7- 20 -00)
Sec. 78 -309. Performance bond.
The building division may enter into an agreement with the developer, the owner, or owner's
agent that will allow issuance of the certificate of occupancy before the landscape installation
required by this article is completed, provided that a performance surety or guarantee shall be
posted. The guarantee shall consist of a performance bond or other surety agreement approved
by the city attorney in an amount equal to 110 percent of the direct costs of materials and labor,
and other costs incidental to the installation of the required landscaping as certified by the
landscape architect. The guarantee shall specify the time for the completion of the landscaping
requirements, and shall be accompanied by a site plan identifying the plant material covered
by the surety.
(Ord. No. 17 -2000, § 150, 7- 20 -00)
Sec. 78 -310. Appeal.
(a) Procedure. Any person, property owner, agent, or representative thereof, aggrieved by a
decision of the building division, growth management department, code enforcement officer, or
planning and zoning commission, in the enforcement of any terms or provisions of this article,
may appeal to the city council.
(1) Period for filing appeal, The appeal shall be filed in writing within 15 days after the
date of the decision with the city manager, with a copy to the city clerk.
(2) Form of appeal. The written appeal shall set forth concisely the nature of the appeal
and the reasons or grounds for the appeal.
(3) City council decision. The city council shall hear and consider all facts material to the
appeal and render a decision promptly. The city council may affirm, reverse, or modify
the decision being considered on appeal.
(4) Further appeals. An appeal may be made to the circuit court from any final decision of
the city council, provided the appeal shall be filed within 30 days from the date of the
decision.
(Ord. No. 17 -2000, § 151, 7- 20 -00)
Supp. No. 10 CD78:250
Aill
LAND DEVELOPMENT § 78 -313
Sec. 78-311. Variances and waivers.
(a) Variances. An applicant submitting a landscaping plan or landscape Ilan amendment
for a site that is not within a planned unit development or planned community district and
that does not meet the minimum standards of this division shall submit a variance application
for review by the board of zoning appeals pursuant to section 78-53. The board of zoning
appeals shall consider the variance application before the site plan application or other
development order application is considered for approval.
(b) Waivers. A waiver of one or more requirements of this division may be granted by the
city council for any PUD or PCD. The request shall be considered pursuant to waiver
provisions applicable to a PUD or PCD.
(Ord. No. 17 -2000, § 152, 7- 20 -00)
Sec. 78 -312. Land clearing permit.
(a) Issuance. The city shall not issue a permit for land clearing until:
(1) The property owner has submitted a building permit application to tt a city for paving
and drainage or other infrastructure improvements, at a minimum, or unless other-
wise approved by the growth management director, and
(2) All tree protection work has been satisfied pursuant to this article.
(b) Phasing. Permits for land clearing may be phased, depending on the project design.
(c) Conditions. Permits for land clearing shall have conditions of approval imposed by the
city. The conditions of approval addressed in a clearing permit may include the following:
hours and days of operation, dust and particulate matter control, and c3ntrol of rodents,
vermin, and other nuisances that may be created by the clearing.
(Ord. No. 17 -2000, § 153, 7- 20 -00)
Sec. 78 -313. Minimum landscape requirements for nonresidential development.
(a) Minimum open space requirements. The minimum open space requirement for all new
nonresidential development shall be 15 percent land development regulations.
(b) Minimum landscape requirements. Not more than 40 percent of the total landscape area
shall be covered with sod or grass. Those projects proposing playgrounds, ballfields, golf
courses, dry detention areas or similar uses may subtract the open spacE square footage of
these grassy areas from the landscape area calculation for a corrected toLd.
(c) Minimum landscape points. Tables 26 and 27 shall be used to detennine the minimum
landscape points per open space a project shall be required to provide. Achieving the minimum
open space landscape point requirement does not exempt a project from compliance with other
requirements of this division.
Supp. No. 10 CD78:251
§ 78-313
PALM BEACH GARDENS CODE
Table 26: Minimum Landscape Requirements - Nonresidential Development
Notes:
*Example: 15% project open space requires 22 points/100 square feet
< = Equal to or less than
Table 27: Required Landscape Installation Points Chart
MI 0
<_15%
22
16%
21
17%
20
18%
19
19%
18
20%
17
21-22%
16
23-24%
15
25-27%
14
28-29%
13
30-32%
12
33-34%
11
35-39%
10.5
40-49%
9.5
50-59%
8
?60%
7
Notes:
*Example: 15% project open space requires 22 points/100 square feet
< = Equal to or less than
Table 27: Required Landscape Installation Points Chart
MI 0
Specimen Trees*
25 additional
Specimen Plants*
15 additional
Specimen Palms*
25 additional
Native Trees - 5 Inches DBH
20 plus 1 point for each inch >5 DBH
Trees w /12 foot minimum height (minimum of
15 plus 1 point for each foot > than mini -
75% from PBG Tree Species List)
mum
(See Notes 1, 2 & 3)
Trees not on PBG Preferred List of Tree Spe-
5
cies or < 12 foot minimum height
PBG Preferred Palms Species List w /mini-
3.3 points plus 1 point for each foot of clear
mum 8 feet of clear trunk
trunk > 8 feet
Palms not on PBG Preferred Palms Species
1
List or less than 8 feet of clear trunk
Supp. No. 10 CD78:252
ti',
rf
441. --
C1
Al
LAND DEVELOPMENT § 78-313
P
4
:0
%.1 :L:,l
All Shrubs (minimum of 75% from PBG Pre-
1
ferred Shrub Species List)
All Ground Cover (minimum of 75% from PBG
2 points per ten (10) square feet
Preferred Ground Cover Species List)
Grass
.25 (1/4) points per 10 square feet
Notes:
(1) Preferred and coastal species are listed in the city's "Landscape Work Manual."
(2) Abused trees, as determined by the city forester, shall not count toward required
points.
(3) Coastal areas shall be planted with 90% native species as listed in PBG
*= Preferred Tree Species list.
*= Justification to be provided consistent with definition.
DBH= Diameter at Breast Height.
PBG= Palm Beach Gardens.
<= Less Than.
1 >= Greater Than.
Wi= With
(d) Specimen trees. Specimen trees shall be considered existing native trees in good health
and 13 inches at diameter at breast height (DBH) or larger, or trees at lea3t 25 percent of the
DBH for the respective champion tree in the state.
(1) Minimum protection requirements. A minimum of 25 percent of all specimen trees are
to be protected in place or relocated on site.
(2) Exception. This requirement shall not apply if a planned upland preserve is set aside,
pursuant to division 4 of article V, or as provided below.
a. A specimen tree or trees may be substituted with replacem :nt trees on site, or
replacement trees may be donated to the city. The minimum i eplacement shall be
the sum of three caliper inches for every caliper inch of a spe: imen tree that is to
be removed. Donated trees shall be planted by the donor an i guaranteed by the
donor, in a written agreement or by a surety bond, for 180 days.
b. An applicant may remove a specimen tree or trees if a contribution of the
equivalent value of the replacement tree or trees, as calculated in paragraph (d)
above, is made to a city beautification account. The value of the tree replacement
shall be determined by averaging cost estimates from two landscape architects or
similar professional; one selected by the applicant and one selected by the city.
Supp. No. 10 CD78:253
§ 78-313 PALM BEACH GARDENS CODE
The applicant shall pay the fees for both cost estimates. The city's beautification
and environmental committee shall advise the city council on the expenditure of
these monies. These funds shall be used for tree programs on public lands.
(e) Screening required. The following uses within nonresidential developments shall be
required to be screened from public view:
(1) Backflow preventer systems;
(2) Trash or dumpster containers, compactors, recycling containers, and similar types
garbage and refuse disposal equipment;
(3) Storage or mechanical equipment areas;
(4) Outside display or sales areas;
(5) Parking areas;
(6) Service bays; and
(7) Satellite dishes mounted on the ground.
(f) Landscaping required. The following uses within nonresidential developments shall be
required to have landscaping, as required herein.
(1) Vehicular use areas;
(2) Building foundations excluding rear areas not visible by a public road right -of -way or
not generally traveled by the public or visible from adjacent structures;
(3) Signs, as required by section 78-87;
(4) Multilevel parking garages;
(5) Berms or perimeter walls;
(6) Temporary trailers and sales centers, excluding construction trailers.;
(7) Swales, ditch banks, including any transition between land and a water body and
littoral zones, in accordance with all applicable rules of the South Florida Water
Management District, the Northern Palm Beach County Improvement District and the
Palm Beach County Department of Engineering and Public Works; and
(8) Littoral planting zones.
(g) Planting in swales and maintenance areas. gees and shrubs shall not be planted in
swale areas and in maintenance easements for canals.
(h) Redevelopment and nonconforming projects.
(1) Alternatives. Redevelopment projects or nonconforming projects unable to meet the
point system or open space rec n ments of section 78-25 or 78-314 may utilize the
alternatives contained herein.
Sapp. Ho. 10 CD78:254
J
004
•
LAND DEVELOPMENT
§ 78 -314
(2) If a redevelopment or nonconforming project is subject to a development order
amendment, required landscape points may be: -
a. Transferred to other public lands, parks, road, road rights- of -wE.y or other similar
public space, up to a maximum of 25 percent reduction of points per 100 square
feet; or
b. An assessment of $25.00 per point can be contributed to the city's beautification
account by the applicant.
(Ord. No. 17 -2000, § 154, 7- 20 -00)
Sec. 78 -314. Minimum landscape requirements for residential development.
(a) Minimum open space. The minimum required open space in residenti d districts shall be
35 percent of the entire site. Those projects proposing playgrounds, ballfielc s, golf courses, dry
detention areas and similar uses may subtract the open space square footage of such areas
when required open space is calculated. Landscaping shall be achieved with a combination of
trees, shrubs, ground cover, grass or sod, and nonliving landscape matErial. One hundred
percent of all open space shall be landscaped. A minimum number of points per 100 square feet
of open space shall be required as indicated in Table 28, based on the amount of open space for
landscaped areas within common or publicly dedicated open space.
Table 28: Minimum Landscape Requirements - Residential Development
Sa e hax' r k o
M.i
u r v .
�4+�
< 35%
Not Allowed
35-44%
10
45-54%
9
55 --64%
8
65-75%
7
> 75%
None
Notes:
*Example: 35-44% project open space requires
10 points/100 square feet.
< = Less Than.
> = More Than.
(b) Required screening. The following uses within residential de•ielopments shall be
required to be screened with landscaping:
(1) Parking areas;
(2) Berms and perimeter walls;
(3) Lift stations;
(4) Cable television, telephone or other ground- mounted utility equipment or service
boxes;
Supp. No. 10
CD78:255
§ 78 -314 PALM BEACH GARDENS CODE
(5) Backflow preventers, ground - mounted air conditioning units;
(6) Recreational vehicle (RV) parking areas;
(7) Boat storage areas;
(8) Maintenance and storage areas;
(9) Dumpster or trash pickup areas; and
(10) Temporary trailers and sales centers, excluding construction trailers.
(c) Point values. Trees and plants shall have the same point value as is specified in Table
28 herein. In addition to the landscaping required in section 78-313 herein, the same
requirements for protecting existing trees outlined in this division shall apply.
(d) Minimum requirements for single- family and duplex residences. Single - family and
duplex lots will have a minimum of one tree or two palms and six shrubs per 1,000 square feet
of open space or fraction thereof. A shade tree from the city's preferred tree list is required as
a street tree, located within the road right -of -way or within 15 feet of the property line. Street
trees are to be replaced if removed for any reason by the landowner.
(e) Credit. Trees located on the property required to be preserved by any other requirement
or section may be used to satisfy requirements within this division. The trees are to be
protected during construction in a manner consistent with standard practices and acceptable
to the city forester.
(Ord. No. 17 -2000, § 155, 7- 20 -00)
Sec. 78 -315. Landscaping and screening for vehicular parking areas.
(a) Minimum spacing. The minimum shade tree spacing for interior parking areas shall be
such that the center of any parking space is not more than 40 feet from the center of the shade
tree. A shade tree may be replaced by a minimum of three palms clustered together, as long as
the affected parking bays are more than 50 feet from a public street.
(b) Landscape islands. A landscape island shall be required for every nine parking spaces
located in a row.
(c) Minimum size for landscape areas. The minimum landscape area shall contain no
dimension less than five feet in width, measured from the inside of the curb. There shall be no
landscape area smaller than 25 square feet. Landscape areas within interior parking areas
may be reduced if the areas shall constitute an obstruction in use of a building structure,
providing the reduced square footage is relocated so as to emphasize entrance corridors or
special landscaped areas within the general parking area.
(d) Protection of landscape areas. All landscape areas, except in fee simple residential lots,
shall be protected by curbs or wheel stops from vehicular encroachment and from the damages
caused by vehicles overhanging into landscape areas. Landscaping, except grass, shall be
required to be at least two feet six inches from the edge of the wheel stop or curbing. The
curbing shall be at least six inches in height above grade.
Supp. No. 10 CD78:256
'A
LAND DEVELOPMENT § 78 -316
(e) Overhang areas. Vehicle parking areas designed to permit vehicles overhanging into
landscaped areas shall not be permitted to count the first two feet six inches cf landscape area
as open space.
(f) Hedges and berms. The perimeter of vehicle use areas abutting public road rights -of -way,
including driveways to parking lots, shall include a continuous berm and Hedge. The berm
shall be constructed at a minimum elevation of two feet above the grade of the parking lot, and
the hedge shall be maintained at a minimum height of three feet at maturity.
(g) Multilevel parking garages. Multilevel parking garages shall have planters installed to
permit installation of trees on the top level of the structure. These areas shall apply toward the
required points per open space. The top parking area shall have trees as required in section
78 -313.
(h) Grass parking. Grass parking shall be required to meet the some standards as
established herein.
(i) Maintenance. Regular maintenance of vehicular use areas adjacent to all landscape
areas shall include replacement of broken curbs or curb stops as needed 0 keep the general
appearance in good condition and safe.
0) Visibility triangles. When a point of driveway or other point of ingress or egress
intersects a public right -of -way or when the subject property abuts the in ;ersection of two or
loll more public rights -of -way, all landscaping within the areas described in subsections (a) and (b)
of this section shall allow visibility between 30 inches above the establisheI grade and six feet
above the established grade. However, trees or palms shall be permitted ;3uch area, provided
they are trimmed so as to allow visibility at the levels indicated in above, and further provided
the palms or trees are located so as not to create a traffic hazard. This visibility area shall be
provided as indicated below.
(1) Intersection with public right -of -way. The area of property on both sides of a driveway
formed by the intersection of each side of the driveway and the pubic right -of -way line
for a distance of 15 feet in length and five feet in width along the public right -of -way.
(2) Intersections of rights -of -way. The area of property located at a corner formed by the
intersection of two or more public rights -of -way with two sides of the triangular area
being 20 feet in length along the abutting public rights -of -way measured from their
point of intersection and the third side being a line connecting the ends of the other two
lines.
(Ord. No. 17 -2000, § 156, 7- 20 -00)
Sec. 78-316. Preserve areas.
(a) Credit for existing vegetation. All plants, including trees, shrubs, and ground cover
within a preserve area that meet or exceed the minimum landscape requirements as set forth
in this article can be counted toward the points per open space required to meet landscape
requirements as provided herein.
Supp. No. 10 CD78:257
§ 78-316 PALM BEACH GARDENS CODE ce
(b) Minimum width. The minimum width of a preserve area to be used to meet landscape
requirements shall be 25 feet.
(c) Screening. The preserve area may screen any area that requires screening with the
same minimum planting requirements as does new landscape material as required herein.
Infilling new vegetation within preserve areas or around preserve areas shall be required if
existing vegetation does not provide required screening. Infilling or installation of additional
material within preserves shall be accomplished by relocating existing on -site native plants or
adding appropriate new native plants to the voids or bare areas of the preserve to accomplish
the required screening.
(d) Irrigation. Irrigation is not requiredd within preserve areas. The area shall be preserved
in such a way that the transition of new landscaping or open space to existing vegetation
duplicates nature. The preserve area shall not be adversely impacted by surrounding drainage
or elevation changes resulting from or caused by development.
(e) Maintenance. Preserve areas shall be maintained or managed with the same standards
set forth in section 78 -329, except there shall be no pruning of vegetation or trees within
preserve areas without written approval from the city forester. Preserve areas shall be cleared
and kept clean of any exotic plants including, but not limited to melaleuca, brazilian pepper,
and australian pine.
(f) Construction prohibited. There shall be no construction within preserve areas unless
otherwise approved during site plan approval.
(g) Walls or barriers. Walls or other barriers shall not be constructed in such a manner that
impedes or restricts the function of preserve areas that also act as habitat corridors or
pathways, unless otherwise approved during site plan approval.
(h) Replacement. Trees and shrubs used to meet landscape requirements that die within
preserve areas shall be replaced once it is determined by the city that landscape screening
requirements have dropped below minimum standards.
W Violations. Code enforcement regulations shall apply to preserve areas that are used to
meet landscape requirements.
0) Minimum separation. In an effort to create a safe zone for protection from a wild fire,
structures shall be no closer than ten feet to a preserve area, as defined in division 4 of article
V.
(Ord. No. 17 -2000, § 157, 7- 20 -00)
Sec. 78 -317. Tree replacement during construction.
During construction, all required landscaping that dies shall be replaced with the same
species within 30 days or before issuance of the certificate of occupancy. The minimum
replacement specifications will be one for one at the minimum size standard set forth in the
approved landscape plan. Trees that die during construction shall be replaced with the same
i
Supp. No. 10 CD78:258
60
D
LAND DEVELOPMENT § 78-318
species within 30 days or before issuance of the certificate of occupancy. The minimum
replacement specifications and minimum size standard are set forth in sections 78-313 or
78 -314.
(Ord. No. 17 -2000, § 158, 7- 20 -00)
Sec. 78 -318. Prohibited plants and invasive nonnative plants.
Prohibited plants shall not be planted anywhere in the city, and in some cases must be
removed. The official list of prohibited plant species, species to be removed, and species that
may remain if planted is provided in Table 29.
Table 29: Plant Species Prohibited or Required to be Removed
i` sY' tl
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Air potato vine
Dioscorea bulbifera
✓
Australian pine
Casuarina spp.
✓
Banyan
Ficus bengalensis
✓
Bischofia
Bischofia javanica
✓
Brazilian pepper or
Florida holly
Schinus
teribinthifolius
✓
Carrotwood
Supaniopsis
anacardioides
✓
Cat's claw
Minosa pigra
✓
Chinese tallow tree
Sapium sebiferum
✓
Cork tree
Thespesia populnea
✓
Downy rose myrtle
Rhodomyrtus
tomentosus
✓
Earleaf acacia
Acacia auricuhformis
✓
Jasmine
Jasminum
dichotomum
✓
Java plum
Syzygium cumini
✓
Kudzu
Pueraria montana
Leather leaf
Colubrina asiatica
✓
Lofty fig
Ficus altissima
Of
Mahoe
Hibiscus tiliaceus
✓
Melaleuca
Melaleuca
quinquenervia
✓
Schefflera
Schefilera
actinophylla
✓
Shoebutton ardisia
Ardisia solanaceae
✓
Small-leave climbing
fern
Lygodium microphyl-
lum
✓
R►oman's tongue
Albizia lebbeck
✓
Supp. No. 10 CD78:259
§ 78-318 PALM BEACH GARDENS CODE
(a) Removal. Upon issuance of a building permit, a property owner shall remove or cause to
be removed the plant species listed in Table 29. Certain existing prohibited plants shall be
removed or be allowed to remain in place as provided in 'fable 29.
(b) Certificates of occupancy. A certificate of occupancy or other official acceptance of
completed work shall not be issued for development until verification is provided, through
inspection by the city forester or by certification by a state - licensed landscape architect, that
all required removal of prohibited plants or invasive nonnative plants has been completed and
is in accordance with the development plan or phasing plan, and permit conditions. The
eradication of prohibited plants and invasive nonnative plants, as applicable, shall be
completed prior to the final landscape inspection.
(c) Use of frcus species. Ficus species may be planted as individual trees or hedge material,
subject to the standards listed below.
(1) Location. Individual ficus spp. trees shall not be planted within 15 feet of any public
road right -of -way or other public utility.
(2) Hedges. Ficus spp. hedges shall be regularly maintained, shall be of cold - tolerant
variety, and shall not exceed eight feet in height.
(Ord. No. 17 -2000, § 159, 7- 20-00)
Sec. 78-319. Minimum landscape buffer and planting requirements.
(a) Minimum buffer required. A landscape buffer shall be a minimum of eight feet in depth
around the perimeter of a parcel. However, additional buffer depth shall be provided as
indicated below:
(1) A minimum landscape buffer of 15 feet in depth shall be required on lands located
adjacent to public street rights -of -ways and railroad rights -of -way that are less than
100 feet wide;
(2) A minimum landscape buffer of at least 20 feet in depth shall be required on lands
located adjacent to public street and railroad rights -of -way that are 100 feet wide or
greater; and
(3) A minimum landscape buffer of at least 25 feet in depth shall be required on lands
located adjacent to Interstate 95 or the Florida Turnpike.
(b) General. The following general standards shall apply to all landscape materials
installed within a landscape buffer.
(1) Mature height. Vegetation, especially trees and palms, should be planted taking into
consideration the mature height and spread of the species.
(2) Areas prohibited in landscape buffers. Stormwater detention or retention areas, and
lake maintenance easements shall not be located within landscape buffers.
(3) Spacing. The maximum spacing of planting trees shall be 60 feet along any perimeter
buffer so long as all point requirements have been met.
Supp. No. 10 CD78:260
LAND DEVELOPMENT § 78 -320
(4) Preferred plant installation. A minimum of 75 percent of the total quantities of trees
and plants shall be included within the preferred plant list, as provided in the city's
"Landscape Work Manual." Coastal areas as designated by the comprehensive plan
shall be required to have 90 percent native species.
(5) Storage and garbage collection sites. All outside storage and trash or garbage collection
sites shall be completely screened from view, utilizing any approved combination of
hedge a minimum of three feet in height, structural barriers, berms or any combina-
tion thereof to 100 percent screen the area from view.
(6) Service areas. Service areas of nonresidential buildings, when visible from the street
right -of -way or adjacent residential land use, shall have barriers and a hedge at a
minimum of six feet in height to screen the service area from this use. Service areas
may include interior or exterior work bays associated with full service gas stations, tire
repair, auto repair business, as well as any business proposing loading or unloading
docks.
(7) Backflow preventers. Backflow preventer systems shall be screened from public view,
utilizing any combination of trees, palms, hedges, or other barriers as approved by the
growth management director.
(8) Total landscaping points. Achieving the total points per open space for an entire project
within one or more areas does not exempt one from complying with all other
r requirements, even if that means exceeding the minimum required total points per
1 open space.
(9) Signs. Landscaping around ground signs is required and shall be provided pursuant to
section 78 -87.
(10) Advertising. At no time shall a landscaped area be used for advertising display or
sales, unless specifically approved by the city.
(Ord. No. 17 -2000, § 160, 7- 20 -00)
Sec. 7 8-320. Foundation landscaping and plantings.
Plantings required. Foundation plantings for nonresidential buildings shall be installed as
provided herein.
(a) Location, purpose, and general standards.
(1) Location. There shall be foundation landscaping within ten feet of all buildings and
structures.
(2) Purpose. The location and size of this foundation landscaping shall be of a height and
quantity to visibly soften bare walls, accent building facades, and help direct
pedestrian traffic to building entrances.
(3) Irrigation. All foundation areas shall be irrigated and of the appropriate size to
accommodate the mature size of the vegetation to be planted.
Supp. No. 10 CD78:261
§ 78 -320
PALM BEACH GARDENS CODE
(4) Minimum standards. The minimum standards for foundation landscaping shall be
determined by the building height and function, and as set forth below. Building
foundation landscaping may be reduced or eliminated by action of the city. Street trees
or road right -of -way landscaping cannot be eliminated without city approval.
a. The foundation planting area for a one -story building shall:
1. Be at least five feet wide, unless foundation landscaping would interfere
with the intended use and function of a building; and
2. Extend along the portions of a facade that directly abut a parking area or
vehicular use area, excluding entryways, doorways or other building im-
provements, as determined by the city.
b. The foundation planting area for a building of two or more stories shall:
1. Be not less than 30 percent of the height of the adjacent wall; and
2. Extend along the portions of a facade that directly abut a parking or
vehicular use area, excluding entryways, doorways or other building im-
provements, as determined by the city.
C. At least one shade tree or palm cluster shall be installed for each 30 linear feet,
or fraction thereof, of facade width. A minimum of one tree per facade shall be
planted, and the remainder of the landscape area shall be treated appropriately
with plantings and pedestrian accessways. Trees and palms shall be of an
installed size relating to the height of the adjacent wall or facade, as indicated in
Table 30.
Table 30: Minimum Foundation Planting Dimensions
„ U1.
. ISM
< 15 feet 12 feet 12 -14 feet
15-25 feet 14 feet 14-18 feet
>25--35 feet 16 feet 18-22 feet
>35 feet 18 feet 22 -28 feet
d. The tree heights in this section are minimum tree heights and the palm heights
are minimum palm cluster heights. As the minimum tree and palm cluster height
increases, some smaller trees or palms may be allowed, as opposed to all trees or
palms being a minimum size.
(Ord. No. 17 -2000, § 161, 7- 20-00)
Sec. 78-321. Minimum landscape and hardscape standards.
(a) Minimum landscape standards. All landscape installed shall meet the requirements of
Table 31 and as otherwise provided herein.
Supp. No. 10 CD78:262
�00
LAND DEVELOPMENT § 78 -322
Table 31: Minimum Landscape Requirements
Notes:
(1) Measured from grade to average end of branches, not the tallest of one or two branches
and a minimum crown of five feet.
(2) Measured as gray trunk height.
(3) Palms not classified as specimen palms and planted in perimeter buffer areas shall be
installed in groups of not less that three.
(4) Support shall be provided consistent with sound horticultural practices to encourage
future growth.
(b) Lawn grass. Lawn grass shall be solidly sodded, unless otherwise approved in the
landscape plans. Lawn grass shall not be allowed to grow higher than six inches in height. Sod
shall not be placed closer than 18 inches from the trunk of a tree.
(Ord. No. 17 -2000, § 162, 7- 20 -00)
Sec. 78 -322. Hardscape and nonliving landscape materials installation require-
ments.
(a) Use of perimeter walls and fences. Perimeter walls, metal or wood fences, or other
nonliving landscape materials may be used in conjunction with vegetation to meet required
landscaping. Approved walls or fences shall be set back from property lines sufficiently to
include landscape on the outside of the wall or fence. Maintenance of the wall or fence and
t
Sapp. No. 14 CD78:263
Other Installation
Plant Material
Min. Size at Planting
Requirements
•Planted per approved land-
scape plan.
•75% of required trees shall
be native species or selected
Trees
12 feet with a minimum
from city's preferred plant
crown of five (5) feet. (1)
list.
990% of required trees for
sites in coastal areas shall be
native species or from city's
preferred plan list.
8 feet when used for required
Three (3) palms equals
Palms
buffer or parking purposes.
one required canopy tree.
(2,3)
Hedge Shrubs
30 inches.
Planted not more
than 24 inches on center.
60 inches trellis length with
Attached to support. (4)
Vines
three (3) or more live run-
ners at planting.
Notes:
(1) Measured from grade to average end of branches, not the tallest of one or two branches
and a minimum crown of five feet.
(2) Measured as gray trunk height.
(3) Palms not classified as specimen palms and planted in perimeter buffer areas shall be
installed in groups of not less that three.
(4) Support shall be provided consistent with sound horticultural practices to encourage
future growth.
(b) Lawn grass. Lawn grass shall be solidly sodded, unless otherwise approved in the
landscape plans. Lawn grass shall not be allowed to grow higher than six inches in height. Sod
shall not be placed closer than 18 inches from the trunk of a tree.
(Ord. No. 17 -2000, § 162, 7- 20 -00)
Sec. 78 -322. Hardscape and nonliving landscape materials installation require-
ments.
(a) Use of perimeter walls and fences. Perimeter walls, metal or wood fences, or other
nonliving landscape materials may be used in conjunction with vegetation to meet required
landscaping. Approved walls or fences shall be set back from property lines sufficiently to
include landscape on the outside of the wall or fence. Maintenance of the wall or fence and
t
Sapp. No. 14 CD78:263
§ 78 -322 PALM BEACH GARDENS CODE
associated landscaping by the property owner is required. If nonliving barriers are used, 50
percent of the barrier shall be covered or screened by vegetation on the street side along public
rights -of -way and interior perimeter areas visible to the public.
(b) Berms. Earth berms may be used only when installed in conjunction with sufficient
plant material which shall be installed and spaced to satisfy the requirements of this article.
The slope of a berm shall not exceed a ratio of 3:1. Earth berms may not be installed over
underground public utilities without written consent from all applicable utility companies.
(c) Mulch. All tree and shrub beds shall receive at least three inches of mulch. Mulch shall
be temporarily applied to areas not immediately covered by ground cover. Where mulch is
intended to be installed permanently, it shall be renewed and maintained at three inches of
depth. Mulch will be thoroughly wet at the time of application to prevent wind displacement.
(d) Pavers. The use of pavers or similar impervious material, excluding sidewalks, shall not
exceed 30 percent coverage of an open space area, and shall not be wider than 12 feet if used
in a required landscape buffer area.
(e) Palms. Nonspecimen palms planted in perimeter buffers shall be installed in groups of
no less than three, and shall receive planting credits or points as provided in section 78 -313 or
section 78 -314.
(Ord. No. 17 -2000, § 163, 7- 20 -00)
Sec. 7 8-923. Soil erosion,
Soil erosion shall be controlled and held to a minimum during all development activities.
Areas in which vegetation or ground cover has been allowed to be removed pursuant to an
approved site plan and subsequently abandoned for any reason for more than six months shall
be seeded with a ground cover or grass immediately upon request by the city, or the city shall
have the work done at the owner's expense.
(Ord. No. 17 -2000, § 164, 7- 20 -00)
Sec. 78 -324. Roadway beautification plan.
(a) Applicability.
(1) The standards contained in this section shall apply to all public rights -of -way which
are adjacent, contiguous or internal to existing and proposed residential and nonres-
idential developments. Landscaping and irrigation are required within roadway
medians and road shoulders. All approved planned unit developments or planned
community developments that are subject to major amendments, in accordance with
section 78 -49 of the land development regulations, shall be required to landscape,
irrigate and maintain improvements within adjacent and/or contiguous public rights -
of -way. If a development order requires road improvements not adjacent and/or
contiguous to the development, the petitioner of the development shall landscape and
irrigate said road. The intent of this section is to beautify public roads and keep the
public roads aesthetically pleasing with landscaping and other enhancements. Unless
Supp• No. 14 CD78:264
LAND DEVELOPMENT § 78 -324
1�) I
otherwise approved through a development order or other agreement, developers and
their successors or assigns shall be responsible for the installation and maintenance of
roadway landscaping, including irrigation. Where roads have been landscaped and
enhanced, but become nonconforming due to safety standards implemented by this
section, nonconformities may be rectified during future road improvements by the
person or entity making the improvements.
(2) As new developments are approved, it is the intent of this section to require adjacent
property owners on both sides of the road to share the cost of landscape and irrigation
maintenance for medians and/or road shoulders based on the linear frontage of each
development or by the square footage of the area to be maintained.
(b) Landscape plans. Landscape plans for rights -of -way shall be submitted by the applicant
and approved with each development approval. Landscape plans shall be as detailed as
required in section 78- 305(c)(7) of this division. A cross- section of the road right -of -way, soil
profile, drainage plan, irrigation plan and root barrier details are required. The beautification
and environmental committee may assist city staff in the review of all public roadway
landscape plans that are not otherwise approved by resolution or ordinance.
(c) Design.
(1) Unless otherwise approved by city council, roadway landscaping shall be designed
with characteristics similar to the nearest existing roadway beautification project on
that road, in accordance with the landscape theme provided in section 78 -201 or
section 78 -231, as applicable; or using a landscape plan approved by the city for a
particular road, e.g. seven cities plan for USI or Northlake Boulevard overlay district.
The same landscape theme shall be used in all four quadrants of any intersection. The
landscape design shall be based on the ultimate roadway configuration if road
improvements shall commence prior to the last certificate of occupancy for the entire
project. If no road improvements are planned within the build -out date of the
development, the landscape design may be based on the existing roadway configura-
tion. Each of the following specific standards shall apply to all median designs:
a. Future city roads and public access easement roads indicated on the city of palm
beach gardens' linkage plan or thoroughfare plan shall have medians wide
enough to accept a tree or palm specie.
b. The median design may be enhanced or changed within 75 feet of a curb cut that
directly, leads into a development entrance to emphasize or compliment the entry.
C. No more than 40 percent of the total landscape area contained in a median shall
be covered with sod or grass.
d. Windows or voids in the landscaping (other than sod), if not in excess of 60 feet,
are acceptable for scenic views of lakes, art in public places, or signage.
e. All trees and/or palms proposed within a median, which are outside of the safe
sight distance triangle, shall be installed at the same or greater height as the
trees and/or palms proposed within the safe sight distance triangle.
Supp. No. 14 CD78:265
§ 78 -324 PALM BEACH GARDENS CODE
(2) The plant palette for roadway landscaping is provided in the city's landscape
handbook, unless otherwise approved by city council. Illustrations of existing roadway
landscaping within the city have been incorporated into the landscape handbook.
These illustrations are representative of the desired landscape design.
(d) Installation.
(1) Landscaping installation shall be in accordance with applicable state and/or county
engineering standards stated in section 62 -215 of the City Code. All landscaping and
irrigation within the right -of -way shall be installed and completed within six months
from the issuance of the clearing permit for said project or as otherwise approved by
the city council. The preparation of the soil within the road right -of -way shall include
excavation of material detrimental to plant growth. Best management practices shall
be used for proper soil preparation and drainage of the site. The water source for the
roadway landscaping may originate from the developer's project so long as there is a
publicly recorded access easement in favor of the City of Palm Beach Gardens to the
water source. The electrical service shall have its own meter.
(2) The developer shall be responsible for obtaining all permits through the appropriate
agencies. If necessary, the city shall act as the permittee on behalf of the developer to
facilitate any required permit with the state or the county.
(e) Maintenance. The developer and its successors, or assigns shall be responsible for the
roadway landscaping maintenance. Landscaping maintenance shall be performed in accor-
dance with applicable state and/or county engineering standards stated in section 62 -215 of
the City Code. In addition to these standards, the city's landscape maintenance code, section
78 -329, and maintenance standards provided within the landscape handbook, shall control.
Where these standards conflict, the stricter standard shall control. The intent of this section
is to have the roadway maintained to the same standard as the adjacent development
landscaping, including weeding the median concrete bullnose areas. As new developments or
major amendments to approved developments occur adjacent to existing roadway beautifica-
tion projects, the cost to maintain the common median shall be shared between the property
owners on both sides of the roadway, per conditions of development approval or separate
agreements, unless otherwise provided in the development order. The city shall disclose to all
parties any maintenance agreements between developments upon request, but it shall be the
property owner's responsibility to coordinate the maintenance and the shared cost thereof.
(f) Enforcement. Failure to install and maintain roadway landscaping, including plant
replacement, shall be a violation of this section as well as development order conditions, if
applicable. Roadway landscaping and maintenance occurring within state, county or city
rights -of -way shall be enforced as provided in article VII.
(g) Nonconformities on city -owned roads. Any landscaped public road right -of -way dedi-
cated to the City of Palm Beach Gardens after May 1, 2002, which falls into a nonconforming
status due to changes to Palm Beach County's Streetscape Standards in the future, shall be
corrected during regularly scheduled roadway improvements for said road, unless otherwise
5upp. No. 14 CD78:266
r''
LAND DEVELOPMENT § 78 -327
I
approved by the city council. Future roadway designs shall attempt to incorporate existing
vegetation, including trees and palms, into the road improvements through creative engineer-
ing and/or new landscaping to replace removed vegetation.
(Ord. No. 17 -2000, § 165, 7- 20 -00; Ord. No. 26 -2002, § 3, 10- 17 -02)
Sec. 78 -326. Enforcement.
The code enforcement board is granted jurisdiction for enforcement of this article.
(Ord. No. 17 -2000, § 166, 7- 20 -00)
Sec. 78 -326. Exemptions.
(a) Nurseries. All licensed plant or tree nurseries or tree farms shall be exempt from the
terms and provisions of this article, but only with respect to those trees planted and growing
which are for sale or intended sale to the general public in the ordinary course of the licensee's
business. The buildings and parking lots shall adhere to all requirements of this division.
(b) Surveyors. The limited removal of understory vegetation by a state - licensed land
surveyor in the performance of duties is exempt from the terms and provisions of this article.
The swath cleared to perform such shall not exceed five feet in width. The surveyor shall not
have the right to cut a tree three inches in diameter or greater without written consent from
the city.
(c) Emergencies. The requirements of this article may be waived by the city manager to
facilitate the removal of trees or vegetation when a state of emergency has been issued for the
city.
(d) Soiling borings and percolation tests. The clearing of a path to provide vehicular access
necessary to conduct soil percolation or soil bore tests on land is exempt from the terms and
provisions of this article. However, the path shall not to exceed ten feet in width. The clearing
or removal necessary to create the path shall be conducted under the direction of a
state - registered surveyor or engineer.
(Ord. No. 17 -2000, § 167, 7- 20 -00)
Sec. 78 -327. Tree and plant installation.
(a) Minimum plant quality. Plant quality for all required landscaping shall be Florida No.
1 or better, as provided in Grades and Standards for Nursery Plants, Part I and Part Il, as
amended, as published by the Florida Department of Agriculture and Consumer Services. An
alternative landscape improvement plan, as permitted by this article, may propose to use plant
materials that do not meet the Florida No. 1 or better standard in order to relocate trees, create
a transition area between landscaped areas and preserve areas, or for design effect. All
44 vegetation shall be clean and free of noxious pests or disease.
Stipp. No. 14 CD78:266.1
§ 78 -327 PALM BEACH GARDENS CODE
(b) Preferred species list. A preferred species list shall be prepared by the city, periodically
revised, and distributed to the public upon request. This species list shall, to the greatest
extent possible, represent plants that are:
(1) Drought tolerant;
(2) Adapted to cold weather;
(3) Commercially available;
(4) Native or naturalized;
(5) Noninvasive and not destructive to native plants; and
(6) Strong wooded, and not brittle.
(c) Installation. All landscaping shall be installed with sound workmanship and sound
nursery practices in a manner that will encourage vigorous growth.
(d) Root barriers. The city shall require root barriers for trees planted within 16 feet of any
road right -of -way, sidewalk, or utility. The intent of this requirement is to protect infrastruc-
ture, including sidewalks, from street trees shown on approved plans and from trees that are
known to create root problems in South Florida. An applicant for a building permit may
provide written justification to waive the requirement for root barriers. Such waivers shall be
approved or denied administratively by the growth management department. Waivers that are
denied may be appealed to the board of zoning appeals.
(Ord. No. 17 -2000, § 168, 7- 20 -00)
Sec. 78 -328. Pruning.
The pruning standards in this article shall apply only to all nonresidential uses and to
common areas in all planned developments and within developments of regional impact.
(a) Crown reduction. Crown reduction of shade trees shall be prohibited until the tree
canopy has reached at least 16 feet in diameter, excluding the following:
(1) To remove limbs or foliage presenting a hazard or in conflict with a crime
prevention program;
(2) To remove dead or diseased limbs;
(3) To reinforce strength of form, or
(4) In association with tree or palm relocation work.
After a tree canopy reaches 15 feet in diameter, crown reduction shall only be permitted as
incidental when correct pruning standards are used and when there are constraints such as
but not limited to power lines and structures.
0
Stipp. No. 14 CD78:266.2
LAND DEVELOPMENT § 78 -328
(b) Plant characteristics. Plant characteristics shall be reviewed during the approval
process for landscape plans to prevent conflicts with building design, signage, utilities,
and drainage. Unless otherwise approved by the city, trees shall be allowed to grow to
a shape and size typical of their species throughout their life cycle.
(c) Pruning standards and requirements. The following are general pruning standards
and requirements established for the city.
(1) Hatracking. Hatracking is prohibited. For the purposes of this article, hatracking
is defined as one or more of the following actions:
a. Flat -cut the top or sides of a tree, severing the leader or leaders;
b. Make internodal cuts; prune a tree by stubbing off mature wood larger than
three inches in diameter; or
C. Reduce a mature tree's total circumference or canopy spread by one -third or
more.
(2) Palm trees. Pruning palm trees shall be limited to dead fronds and up to
one -third of the green fronds and seed pods.
(3) Maximum limb pruning. Maximum limb pruning, or severely cutting back lower
branches to increase sight visibility from underneath a tree's canopy, shall not
exceed 13.5 feet from the ground level to the collar of the first limb.
(d) Alternative canopy shapes. If other than the normal expected tree canopy shade and
size is desired by the owner of the trees, the desired shape and size shall be indicated
on the approved landscape plan. If a desired shape and size is not noted on the
approved landscape plan, trees shall be allowed to grow to their natural shape and
size. Landowners can request that their approved site plans be amended to allow tree
shaping if any of the following conditions apply:
(1) A tree or trees are. located in a constraining situation, such as under power lines;
or
(2) A tree or tree's unnatural shape is to be used as an accent or focal point in a
landscape design, but not for the total landscape design. A maintenance commit-
ment must be clearly outlined on the landscaping plan to explain the care and
upkeep of unnaturally shaped trees.
(e) Performance. Pruning shall be performed by a person or tree service that is knowl-
edgeable with the latest standards of the National Arborist Association. Copies of these
standards are included in the city's landscape handbook. All tree service companies
shall obtain a city occupational license, or applicable countywide license.
(f) Violations. Excessive pruning, such as hatracking, may be considered tree abuse and
a code violation by the city's code enforcement board. Each tree hatracked shall be
considered a clear and separate violation, with a maximum fine of $250.00 for the first
tree and a maximum fine of $250.00 for each additional tree. If the city's code
04
enforcement board has made a previous determination that a person has violated this
Supp. No. 10 CD78:267
§ 78-328 PALM BEACH GARDENS CODE CW
article, then such person may be charged with a repeat violation. A maximum fine of
$500.00 for the first tree and a maximum fine of $500.00 for each additional tree shall
be set by the city's code enforcement board for repeat violation of this article. In
determining the correctness of particular tree pruning techniques, the city shall use
the current edition of the "Pruning Standards for Shade Trees," published by the
National Arbors Association, or any future national standard on shade tree pruning.
Tree replacement may be required by the code enforcement board.
(Ord. No. 17 -2000, § 169, 7- 20-00)
Sec. 78 -329. Maintenance.
(a) Required. All landscape areas shall be maintained on a regular basis, to include
weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead or
missing landscaping, removal of prohibited plants, and other horticultural practices that are
needed to keep landscaping in good condition, free from disease, insect pests, weeds, refuse,
and debris. Landscape maintenance shall be carried out in a manner that will not disrupt,
inconvenience or endanger any member of the public, or pedestrian, or motor vehicles. City
recommendations for general maintenance specifications are contained in the City of Palm
Beach Gardens Landscape Handbook.
(b) Condition at installation. Plants shall be alive and in good condition at the time of
issuance of the certificate of occupancy. It shall be the responsibility of the property owner to
replace landscaping and maintain landscaping throughout the life of the project.
(c) Irrigation.
(1) Standards. All landscape areas, except those areas composed of existing native plant
communities, shall provide an irrigation'system plan. The irrigation system shall be
designed and installed in accordance with the Florida Irrigation Society Standards and
Specifications for Turf and Landscape Irrigation Systems, as amended from time to
time. Irrigation systems shall be designed and maintained to obtain the following
results:
a. Eliminate the wasteful use of water;
b. Eliminate staining of buildings, walks, walls and other site improvements
including landscaping;
C. Provide a minimum of 100 percent coverage, including the capability of applying
water onto turf areas on a different saturation level than that used to irrigate
shrub - planting beds; and
d. Eliminate water overthrow onto nonpervious areas.
(2) Irrigation plan. An irrigation plan, unless otherwise provided herein, shall be required
as part of an overall landscaping plan. The irrigation system plan shall be a minimum
scale of one inch equals 30 feet.
(3) Rain sensors. A rain sensor, to switch off irrigation during wet periods, shall be
required on all irrigation systems.
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LAND DEVELOPMENT § 78-330
(4) Xeriscape. The city encourages the proper choice of plants for water conservation in
landscaping as set forth in the South Florida Water Management District Xeriscape
Plant Guide.
(d) Ponds and water management areas. The maintenance of ponds, or any water manage-
ment area and retention or detention area shall be the responsibility of the landowner. Such
areas shall be kept in a neat and clear appearance, free of exotic aquatic vegetation and algae.
(e) Maintenance of hazardous landscaping.
(1) Notice and removal. A property owner shall remove a tree or palm after receiving
written notice from the city indicating that the tree or palm has died and all or part of
the tree or palm could fall and cause harm to persons or property. If the tree or palm
is not removed within 30 days, the city shall consider or declare the tree or palm a
public nuisance and shall take appropriate action to remove the tree or palm. The full
cost of removing a tree or palm shall be paid by the property owner.
(2) Hazards to buildings. Landscaping removed due to a potential hazard to a building
shall be replaced to comply with the approved landscape plan or with the requirements
of this division, or to the greatest extent possible if an approved landscape plan is not
on file with the city.
(3) Hazards to persons. Landscaping removed due to a health or safety problem to persons
shall be replaced to meet the intent of the approved landscape plan, or with the
requirements of this division to the greatest extent possible. For example, if a concept
from Crime Prevention Through Environmental Design (CPTED) could prevent a
problem, alternative plants could replace existing landscaping to create a safer
environment.
(4) Replacement of dead or diseased landscaping. Landscaping removed due to its death,
disease, damage or insect- infestation shall be replaced to comply with the approved
landscape plan, or with the requirements of this division to the greatest extent possible
if an approved landscape plan is not on file with the city.
(Ord. No. 17 -2000, § 170, 7- 20-00)
Sec. 7 8-330. Protection of root systems.
(a) Protection. The root system of existing trees shall be protected during construction by
barricades acceptable to the city forester.
(1) Protective barriers. Prior to land clearing or construction, the developer shall erect and
maintain protective barriers constructed of metal, wood, or other durable material
around the drip line of all trees, clusters of trees, or preserve areas to be protected.
(2) Storage of materials. Storage of material, equipment, debris, or fill shall not be
permitted within the protected barrier.
Supp. No. 10 CD78:269
§ 78-330 PALM BEACH GARDENS CODE
(3) 'Ibxic materials. Cleaning or storage of equipment, disposal of liquid or solid wastes,
including paint, oil solvents, asphalt, concrete, mortar, and similar toxic materials,
shall not be permitted within the protective barrier.
(4) Wires. Attachments or wires, other than those of a protective nature, shall not be
attached to any protected tree.
(5) Standards. In determining the appropriateness of particular protection techniques,
the city shall use the current edition of the Tree Protection Manual for Builders and
Developers, published by the State Division of Forestry, Florida Department of
Agriculture and Consumer Services.
(Ord. No. 17 -2000, § 171, 7- 20 -00)
Sec. 78 -331. Clear cutting of trees.
(a) Prohibited. Clear cutting of trees, including agriculture, timber or pulpwood harvesting,
is strictly prohibited. For the purposes of this section, clear cutting is the removal, in total or
in part, of a stand of trees from a parcel or tract of land. Forestry practices known to provide
substantial benefits or protection and that conform to the city's environmental preservation
standards may be allowed with a plan prepared by the state forest service or professional
forester, and with the approval of the city council.
(Ord. No. 17 -2000, § 172, 7- 20 -00)
Sec. 78 -332. Littoral planting zones.
(a) Required. Littoral planting is required on lakes whose water surface is larger than one
acre in size. The littoral planting zone is, at a minimum, an area that extends ten feet into a
lake from the shoreline and extends a maximum of five feet upland from the shoreline.
(1) Minimum planting area. At least 50 percent of the shoreline shall be planted with
wetland trees and/or aquatic plants at ten square feet of littoral zone for every one
linear foot of shoreline.
(2) Minimum planting standards. There shall be a minimum of one tree for every 80
square feet, and plants shall be on a minimum of three -foot centers.
(3) Slope. Shelf slope and size shall be noted on the landscape plan in the form of a cross
section drawing and respective specifications based on actual plant and tree require-
ments.
(Ord. No. 17 -2000, § 173, 7- 20-00)
Sec. 78 -333. Variance procedure.
(a) Intent. This article is not intended to cause undue hardship to those individuals or
corporations who can demonstrate that the requirements contained in this article will reduce
required parking, or substantially restrict in any way the operations of the business or
property's use. 41
Supp. No. 10 CD78:270
LAND DEVELOPMENT § 78-334
(b) Procedure. The variance procedure for standards of this article shall be the same as
contained in section 78-53.
(Ord. -No. 17 -2000, § 174, 7- 20 -00)
Sec. 78 -334. Nonconforming landscape areas.
(a) Legal nonconformities established. With the exception of sites that have been modified
without city approval, any parcel of land which is the subject of a current valid development
order or upon which a structure has been erected prior to the effective date of the ordinance
from which this section derives and does not meet all or part of the minimum landscape
requirements in this division shall be considered a legal nonconformity.
(1) Requirements for existing sites.
a. The city shall use approved landscape plans or development orders as the
minimum landscape installation standard and requirement for a developed site.
b. If an approved landscape plan is not on file with the city, the existing landscaping
becomes a living plan of record and as such has the same standards and
protection as allowed under provisions set forth in this article, similar to a
landscape filed with and approved by the city.
(b) Maintenance. Nonconforming areas are not exempt from minimum maintenance
standards.
(c) Development order amendments. If an applicant for an amendment to a development
order, including a site plan, PUD, PCD, or site plan within a PCD requests an amendment to
the approved site plan, the city shall at the time of the final development order approval
require the nonconforming landscaping and open space to comply with this division, or
through approval of a variance or waiver meet the intent of landscaping requirements
contained herein. The following types of amendments to the site plan shall require the review
of the landscape plan for the entire site using the minimum landscape standards in this article:
(1) Increase the total square footage of any building by more than five percent;
(2) Increase the number of structures;
(3) Increase the number of residential dwelling units;
(4) Increase the building height of any building; or
(5) Increase the traffic impact,
(6) Alter required parking; or
(7) Change in traffic circulation.
Supp. No. 10 CD78:271
§ 78-334
PALM BEACH GARDENS CODE
(d) Nonconformities established. All nonresidential development constructed prior to No-
vember 1, 1999, or annexed after November 1, 1999, which does not have a landscape plan
approved by Palm Beach Gardens or Palm Beach County on record with the City of Palm
Beach Gardens shall be considered nonconforming.
(1) Notice of nonconforming status. Upon the effective date of this article or upon the
future annexation of properties, the city shall contact the owners of all properties
developed for nonresidential purposes that do not possess an approved landscape plan.
The notice shall inform the property owners that the property is being placed in a
nonconforming status due to the lack of an approved landscape plan. The owner of
nonconforming property shall have two years from the date of the nonconforming
notice to comply with the requirements set forth in this article. Written notice to the
property shall be provided by certified mail.
(2) Failure to comply. If after two years the nonconforming property has not been brought
into compliance with the requirements set forth in this section, the city manager or
designee shall mail a certified letter to the owner of the property stating the violation.
If the property owner shall refuse or fail to comply within 30 days from the date of
receipt of the violation letter, at the discretion of the city manager, the code
enforcement division shall institute code enforcement proceedings.
(3) Variance. The owner of any property which is placed in a nonconforming status
pursuant to this section shall have the right to petition for a variance as set forth in
section 78 -53. The requirements of the city manager to enforce this section shall be
abated during the pendency of a petition for a variance.
(e) Minimum landscape requirements. Minimum landscape requirements for nonconform-
ing landscaping areas are established below.
(1) Landscape strip. A landscape strip or buffer is required along the entire perimeter of
all storage, parking, display, sale or accessory vehicular use areas.
a. Alandscape strip or buffer shall be a minimum of five feet in depth, provided that
a landscape strip of 15 feet in depth shall be required on property located along
the frontage which is contiguous to public street rights -of -way.
b. Landscape strips or buffers adjacent to public rights -of -way shall contain one tree
for each 20 linear feet or fraction thereof, with a minimum of two trees on any one
street frontage. Landscape strips or buffers not adjacent to public streets shall
contain one tree for each 40 linear feet or fraction thereof.
C. A hedge shall be planted within a landscape strip or buffer along the outside
perimeter of all storage, parking, display, sales, and interior parking within 50
feet of a public street or right -of -way or any portion thereof. The balance of the
area shall contain grass.
(2) Palms. Palms planted in perimeter landscape strips or buffers shall be installed in
groups of no less than three. Each palm used in interior planting shall be considered
to be one tree.
Supp. No. 10 CD78:272
LAND DEVELOPMENT § 78 -342
(3) Off - street parking areas. Off - street parking areas providing 12 or more interior
parking spaces shall be landscaped with a minimum of 20 square feet of landscape
area for each parking space. Each landscape areas installed pursuant to this
requirement shall comply with the following:
a. Each area shall contain a minimum of 50 square feet;
b. Each area shall contain a minimum of one tree; and
C. The balance of the area shall contain grass. To the extent possible, landscape
areas shall be located uniformly throughout the parking area. All landscape
areas, strips, or buffers shall, when a parking space lies immediately adjacent
thereto, be protected by curbs or wheel stops.
(4) Specifications. The minimum plant specifications and landscaping maintenance re-
quirements as provided elsewhere in this article shall apply to all landscaping
materials installed pursuant to this division.
(Ord. No. 17 -2000, § 175, 7- 20 -00)
Secs. 78- 335 --78 -340. Reserved.
DMSION 9. OFF - STREET PARKING AND LOADING*
01Wi Subdivision I. Off - street Parking For Vehicles
Sec. 78 -341. Intent.
(a) Intent. This article is intended to ensure that adequate off - street parking is provided to
meet the parking needs of all uses located within the city. All parking areas shall be designed
and located for the following purposes:
(1) To serve the use for which constructed;
(2) To protect the public safety; and,
(3) To mitigate potential adverse impacts on adjacent uses.
(b) Provision of adequate parking. The owner, developer, or operator of a specific use shall
be responsible to provide and maintain adequate off-street parking to meet the specific
characteristics of a use or combination of uses located on a site or property.
(Ord. No. 17 -2000, § 176, 7- 20 -00)
Sec. 78 -342. Applicability of article.
(a) Applicability. The requirements of this article shall apply to all development, including
new structures, alterations or improvements to existing structures, establishment of new uses,
or change of use. Off - street parking shall be available for use prior to the issuance of any
certificate of occupancy or occupational license.
*Editor's note Formerly, div. 8. See the editor's note ch. 78, art. V, div. 3.
Supp. No. 13 CD78:273
§ 78 -342 PALM BEACH GARDENS CODE
(b) Expansion. If an existing building, structure, or use that conforms to the off - street Ic
parking requirements is expanded, the area of expansion shall be consistent with require-
ments of this division, including off - street parking and landscaping.
(c) Change in use. Whenever a change of use or occupancy occurs and does not involve
expansion of an existing building, the new use or occupancy shall meet the off - street parking
requirements of this division.
(d) Nonconformities. Whenever an expansion occurs to a building or structure that is not in
conformance with the off - street parking requirements established in this division, the area of
expansion shall be consistent with requirements of this division, including off - street parking
and landscaping.
(e) Calculations. Calculations shall be rounded to the nearest whole number.
(f) Assigned parking. Parking spaces assigned to a specific use may be authorized by the
city, provided the number of spaces assigned to a particular use does not exceed the number of
spaces required for such use. Assigned spaces shall be indicated on the approved site plan
associated with the affected use.
(Ord. No. 17 -2000, § 177, 7- 20 -00)
Sec. 78 -343. Location of required parking.
(a) Location. Parking facilities, unless otherwise provided herein, shall be located on the
same lot as the principal use and shall provide convenient and safe access to the uses served f
by such facilities.
(b) Residential parking.
(1) General. Parking spaces for all residential uses shall be located on the same lot as the
principal use and shall be located as close as possible to the entrance of such principal
use.
(2) Driveways. Driveways may be considered off - street parking spaces for single - family
and two - family dwellings. However, the length of the driveway must provide sufficient
space to comply with the requirements of this article.
(3) Building setbacks. Parking of vehicles in any front, side, or rear building setback,
except on driveways or other approved surfaces, is prohibited. Temporary parking of
vehicles in a yard is permitted for social or other events held at a residence, provided
such parking shall not exceed eight hours in a 24 -hour period. Temporary parking in
a yard due to renovation or repair of a driveway or residence is permitted for the
duration of the improvements.
(Ord. No. 17 -2000, § 178, 7- 20 -00)
Sec. 78 -344. Construction and maintenance.
(a) Exemption. Unless otherwise provided herein, single family and two - family dwelling
units are exempt from the provisions of this section.
Supp. No. 13 CD78:274