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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 n /7n /7nnKI 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 SF3 Y�S�i�$3. � \v .f'Sf y�dx^S FF S�� '� �V. q`�'aY„f���fe ��i 2 SL R L� _.'{ � f ��f' y-+ 3� kR �y i '# � i ➢ = ��E vk ;�£ T � f.Ya'. 7F� d m r� f d r., M 'My ? b, S"i .°£ � E�xjx -FS'A YLS'i�Y N�,{� ♦`�,�j k���'al a� TS�"� b ti °P't � � Suit' �Sf tX �i�6 tX•i I q bV b i � %iP;i j ¢ K�''J':Y /(X«�i >��Uyt "�. �y �i I� 7�3 M ' � "�\ " 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. Supp. No. 10 CD78:268 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