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26-90 FAILED 9/25 ORDINANCE NO. 26-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULATIONS", BY REPEALING CHAPTER 159, 'LANDSCAPING' IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 159, 'LANDSCAPING', BY ENACTING A NEW SECTION 159.01, "OBJECTIVE; SCOPE", TO PROVIDE FOR COMPLIANCE WITH THE COMPREHENSIVE PLAN, FOR THE PURPOSE, AND TO PROVIDE MINIMUM STANDARDS; BY ENACTING A NEW SECTION 159.02, "DEFINITIONS", TO PROVIDE FOR PERTINENT DEFINITIONS; BY ENACTING A NEW SECTION 159.03, 'APPLICABILITY', TO PROVIDE THAT THE LANDSCAPING CODE WILL APPLY TO NEW DEVELOPMENT, EXPANDED DEVELOPMENT BEYOND ORIGINAL FOOTPRINT AND TO EXISTING NON-RESIDENTIAL PROPERTIES; BY ENACTING A NEW SECTION 159.15, 'APPLICATION/ PROCESS", TO PROVIDE FOR SUBMITTALS OF LANDSCAPE PLANS AND CONTENTS OF LANDSCAPING PLANS; BY ENACTING A NEW SECTION 159.25, "SITE DESIGN STANDARDS', TO PROVIDE FOR WATER CONSERVATION, MINIMUM OPEN SPACE REQUIRE- MENTS, PRESERVATION OF EXISTING PLANT COMMUNITIES, NATIVE SPECIES, SITE SPECIFIC PLANTING MATERIALS, PROHIBITED PLANT SPECIES, AND CONTROLLED PLANT SPE- CIES; BY ENACTING A NEW SECTION 159.26, "LANDSCAPE DESIGN STANDARDS', TO PROVIDE FOR DESIGN CRITERIA, INSTALLATION OF LANDSCAPING, PROHIBITION OF VEHICULAR ENCROACHMENT, QUALITY OF PLANT MATERIALS, TREE NUMBER, SIZE AND SPACING, TO PROVIDE FOR NUMBER, SIZE AND SPACING OF PALMS AND HEDGES, TO PROVIDE SPECIFICATIONS FOR THE PROPER PLANTING OF GRASS, GROUND COVERS, VINES AND MULCHES, AND TO PROVIDE FOR IRRIGATION STANDARDS; BY ENACTING A NEW SECTION 159.35, 'MINIMUM LANDSCAPE REQUIREMENTS', TO PROVIDE MINIMUM LANDSCAPE REQUIRE- MENTS FOR NEW SINGLE FAMILY RESIDENTIAL UNITS, DUPLEX RESIDENTIAL UNITS, NEW MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL UNITS AND EXISTING MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL USES; BY ENACTING A NEW SECTION 159.36, "MINIMUM MAINTENANCE REQUIREMENTS', TO PROVIDE FOR MINIMUM MAINTENANCE REQUIREMENTS FOR ALL LANDSCAPING FEATURES; BY ENACTING A NEW SECTION 159.37, 'SIGHT DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF- WAY AND POINTS OF ACC.ESS', TO PROVIDE FOR TECHNICAL COMPLIANCE TO INSURE VISIBILITY; BY ENACTING A NEW SECTION 159.45, 'ENFORCEMENT", TO PROVIDE FOR COMPLI- ANCE AND ENFORCEMENT; BY ENACTING A NEW SECTION 159.46, 'PENALTY', TO PROVIDE A TWENTY FIVE DOLLAR A DAY PENALTY FOR EACH DAY A VIOLATION CONTINUES TO EXIST; BY ENACTING A NEW SECTION 159.47, 'APPEALS AUTHORIZED; VARIANCES PROHIBITED", TO PROVIDE FOR APPEALS TO THE CHIEF BUILDING OFFICIAL AND PROHIBITING VARIANCES BY ANY BOARD; BY ENACTING A NEW SECTION 159.48, "ISSUANCE OF CERTIFICATE OF OCCUPANCY', TO PROVIDE FOR ISSUANCE OF CERTIFICATES OF OCCUPANCY AND BONDS IF NECESSARY; BY ENACTING A NEW SECTION 159.49, "MODIFICATION OF REQUIREMENTS' ', T3 PROVIDE FOR A WAIVER PROCESS THROUGH THE CITY COMMISSION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Title 15, "Building Regulations", be and the same is hereby amended by repealing Chapter 159, "Landscaping" in its entirety and enacting a new Title 15,' "Building Regulations", Chapter 159, "Landscaping" to read as follows: Sec. 159.01 Objective; Scope. The objective of this article is to improve the appearance of certain setback and yard areas in conjunction with the development of all commercial, industrial, and residential properties, including off-street vehicular parking and open-lot sales and service areas in the city, and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the general welfare by providing minimum standards for the installation and maintenance of landscaping. This article is also intended to provide minimum standards for nonconforming sites and to require the upgrading of the landscaping on these properties, to the extent physically possible, within three (3) years. This article is further intended to fulfill objectives as contained within Conservation Element of the Comprehensive Plan, by providing for: the conservation of potable and non-potable water; the implementation of xeriscape landscaping principles; maintaining permeable land areas essential to surface water management and aquifer recharge; encouraging the preservation of existing plant communities; encouraging the planting of site specific, native and drought tolerant plant materials; estab- lishing guidelines for the installation and maintenance of landscape materials and irrigation systems; reducing air, noise, heat, and chemi- cal pollution through the biological filtering capacities of trees; reducing the temperature of the microclimate through the process of evapotranspiration; and promoting energy conservation through the creation of shade. The provisions of this article are minimum standards which may be increased in accordance with the guidelines contained herein as well as aesthetic criteria established by the Community Appearance Board and the Historic Preservation Board, when applicable. Additional landscape requirements may be required for certain zoning districts and arterial roadways which are defined in the Zoning Code. Sec. 159.02 Definitions. For the purposes of this Code, in addition to the following terms or words, the definitions provided for in local zoning codes shall apply. If definitions at any time conflict with definitions provided in other codes, the more restrictive interpretation shall apply. (a) BUFFER, PERIMETER LANDSCAPE: a strip of land which is required along the perimeter of a lot in which landscaping is used to provide a transition between abutting properties and/or adja- cent rights-of-way. (b) ECOSYSTEM: a characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species, and between species and their environment. (c) GROUND COVER: plant materials characterized by low, dense growth, generally horizontal and providing 100% ground coverage of a specified area at maturity. - 2 - Ord. No. 26-90 (d) HATRACKING: to flat-cut the top of a tree, severing the leader or leaders; or pruning a tree by stubbing off mature wood larger than three (3) inches in diameter; or reducing the total circumference or canopy spread not in conformance with National Arborists Association standards. (e) HEDGE: a landscape barrier consisting of continuous, dense planting of shrubs, all of the same species. (f) IRRIGATION SYSTEM: a permanent, artificial watering system designed to transport and distribute water to plants. (g) LANDSCAPING: any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and non-living landscape material (such as organic mulch, rocks or stones, walls, fences, or decorative paving materials). (h) MULCH: non-living organic and/or synthetic materials customari- ly used in landscape design to retard erosion and retain moisture, stabilize soil temperatures and reduce weed growth. Inorganic materials such as rocks and pebbles are not consid- ered to be mulch materials. The use of plastic under mulch is discouraged as it reduces groundwater discharge. (i) OPEN SPACE: all areas of natural plant communities or areas replanted with vegetation after construction, such as: revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns. Water bodies cannot be used to calculate open space areas. (j) PLANT SPECIES, CONTROLLED: those~ plant species which tend to become nuisances because of their undesirable growth habits, but which, if property cultivated, may be useful or functional elements of landscape design. (k) PLANT SPECIES, PROHIBITED: those plant species which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare. (1) SETBACK AND YARD AREAS: the front, side and rear areas or yards established and required within the zoning requirements appli- cable thereto. (m) SHRUB: a self supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base. (n) SITE SPECIFIC PLANTING: the selection of plant material that is particularly well suited to withstand the physical growing conditions which are normal for that location. (o) SHADE TREE: a self supporting woody plant or species normally growing to a mature height of at least twenty (20) feet and a mature spread of twenty (20) feet. (p) TURF: (Sod or lawn grass) continuous plant coverage consisting of perennial grass species suited to growth in Delray Beach. (q) VEGETATION, NATIVE: any plant species with a geographic distri- bution indigenous to all or part of the State of Florida. Plant species which have been introduced by man are not consid- ered to be native vegetation. - 3 - Ord. No. 26-90 (r) VEHICULAR ENCROACHMENT: the protrusion of a vehicle or mobile equipment outside of a parking space, display area, or accessway into a landscaped area. (s) VEHICULAR USE AREA: shall mean both: (1) an area designed or used for off-street parking for any and all types of vehicles except areas used for parking and other vehicular uses under, on or within buildings; or (2) an area used for loading, circulation, access, storage of materials or heavy equipment, and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to activities of a drive-in nature such as, but not limited to, gasoline stations, grocery and dairy stores, banks and restau- rants and,the display of motor vehicles. (t) VINES: plants which normally require support to reach mature form. (u) XERISCAPE: a landscape design that conserves water through the utilization of design principles which include the use of drought tolerant plant materials, soil amendments, efficient irrigation, reduced turf areas, mulches and appropriate mainte- nance. Sec. 159.03 Applicability. The provisions of this code shall apply as follows: (a) to any new development, including single family homes. (b) to the expansion of existing development; . whenever an existing structure is altered in any manner which requires a change of its footprint, landscaping attendant to that alteration or improvement shall be upgraded to meet current landscape requirements. (c) where there is an expansion or improvement of a structure which is altered in a manner which involves a 25% increase of the gross square footage of the structure, the land- scaping for the entire site shall be upgraded to present standards. (d) to existing properties, excluding single family, that heretofore have not been required to comply with city landscape codes, in that they were built prior to the adoption of the landscape ordinance on September 13, 1971. These properties shall comply with the minimum standards as set forth in this ordinance, to the extent physically possible on the site, within three (3) years from the adoption of this ordinance. Sec. 159.15 Application/Process (a) GENERAL: Prior to the issuance of a building permit for a structure or any paving permit, or prior to proposed upgrading of landscaping on an existing site (to comply with newly established minimum landscape standards con- tained herein) a landscape plan shall be submitted to, reviewed by, and approved by the Community Appearance Board, or Historic Preservation Board where applicable, in accordance with the general permitting approval process. - 4 - Ord. No. 26-90 (b) NATURE OF REQUIRED PLAN: (1) SINGLE FAMILY RESIDENCE: New single family residenc- es are required to provide a landscape plan for review by the Chief Building Official or his desig- nee, but they are specifically exempt from review by the Community Appearance Board. Review by the Historic Preservation Board, however, is required when a property is located within a designated historic district, or is designated as an historic site. Single family residence landscape plans shall be sufficiently detailed to address the minimum landscape requirements but are not required to include all of the elements listed below in "contents of landscape plans". Plans may be prepared by the owner. (2) NEW DEVELOPMENT (EXCLUDING SINGLE FAMILY) the land- scape plan for all other new development including duplexes, shall be prepared by and bear the seal of a landscape architect or otherwise be prepared by persons authorized to prepare landscape plans or drawings by Chapter 481, Part II (Landscape Architec- ture) of Florida Statutes. (3) EXISTING DEVELOPMENT (EXCLUDING SINGLE FAMILY) landscaping associated with existing development shall be upgraded to comply with the minimum land- scape standards contained herein. A landscape plan indicating proposed improvements shall be submitted. The landscape plan shall be sufficiently detailed to indicate location, common names, height, size and spacing of proposed plant materials; shall delineate existing parking spaces; and shall indicate location of dumpster or refuse container and method of screen- ing. Plans may be prepared by the owner as permitted by State Statute. (4) CONTENTS OF LANDSCAPE PLANS: The landscape plan shall: a. be drawn to scale with a minimum of 1 inch to 30 feet, including dimensions and distances; b. clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles, sidewalks, building locations and similar features; c. be accompanied by an irrigation design plan, which requires a separate permit; d. designate by name and location the plant materi- al ~to be installed or preserved in accordance with the requirements of this Code or any other Code; e. provide a legend including the botanical and common names, height, spread and spacing of all plant materials; f. show all landscape features, including areas of vegetation required to be preserved by law, in context with the location and outline of exist- ing and proposed buildings, and other improve- ments on the site, if any; g. include a tabulation clearly displaying the relevant statistical information necessary to evaluate compliance with the provisions of this - 5 - Ord. No. 26-90 code. This includes the gross acreage, square footage of preservation areas, number of trees to be planted or preserved, square footage of total paved areas, total square footage of interior greenspace, total number of interior trees provided, percentage of native plant materials and such other information that may be required to determine that the landscape plan meets the requirements of this Code; h. provide the name, address and telephone number of the person preparing the landscape plans and the owner or agent; i. indicate location of outdoor lighting; j. indicate location of refuse areas and methods of screening; k. indicate location of overhead lines and utility easements; 1. indicate proposed location of signage; m. demonstrate that the proposed landscaping will be consistent with existing vegetation preserved on the property, and that it will be compatible and consistent with landscaping along abutting rights-of-way. Sec. 159.25 Site Design Standards. (a) SITE DESIGN CONCEPTS FOR WATER CONSERVATION: Creative site development concepts shall be used in order to promote water conservation. Water requirements may be reduced by providing for: 1. the preservation of existing native plant communities; 2. the reestablishment of native plant communities; 3. the use of site specific plant materials; 4. the use of shade trees to reduce transpiration rates of lower story plant materials; 5. limited amounts of lawn grass areas; 6. site development that retains storm runoff on site; 7. the use of pervious materials for non landscaped and parking areas. (b) MINIMUM OPEN SPACE REQUIREMENTS: Minimum open space require- ments shall be as required by the zoning district in which the project is located. If no open space requirements are speci- fied for a particular zoning district, a minimum of 25% non vehicular open space shall be provided. Interior and perimeter landscaping may be applied toward this 25% requirement. (c) PRESERVATION OF EXISTING PLANT COMMUNITIES: 1. GENERAL: All existing native plant communities on sites proposed for development shall be preserved where possible through their incorporation into the required open space. Existing plant communities that are specified to remain shall be preserved to the greatest extent possible, with trees, understory, and ground covers left intact and undisturbed, except for the eradication of prohibited plant species. Trees which are to be preserved on a site shall be pro- tected from damage during the construction process accord- ing to appropriate tree protection techniques. The "Tree Protection Manual for Builders and Developers" published - 6 - Ord. No. 26-90 by the Division of Forestry of the State of Florida Department of Agriculture and Consumer Services shall be the standard for determining the appropriateness of proposed techniques. All trees that are to be preserved and do not survive shall be replaced by a tree of equal size or an equivalent number of trees based on trunk diameter. 2. EXISTING PLANT COMMUNITIES REQUIRED TO REMAIN: When natural plant communities occur on a parcel of land to be developed, at least twenty-five percent ((25%) of the required open space must be in the form of preserved natural plant communities. 3. REQUIRED MANAGEMENT PLAN: For all areas of preserved plant communities larger than one half acre in area, the owner shall submit with the landscape plan, a narrative management plan indicating the manner in which the native plant communities will be preserved. The narrative shall include: a. whether or not the existing vegetation is to be preserved in the existing species composition; b. if applicable, the manner in which the composition of existing plant material is to be preserved, hand removal of invasion species, prescribed burning, etc; c. the maintenance schedule for the removal of exotics; d. the maintenance schedule for the removal of debris. (d) NATIVE SPECIES: A portion of all plant materials required to be planted shall be native species. The percentage of native plant materials required shall be as follows: 1. Upon the effective date of this ordinance, twenty-five (25) percent of required trees and twenty-five (25) percent of all other required plant materials shall be native; 2. One (1) year after the effective date of this ordinance, thirty-five (35) percent of the required trees and twen- ty-five (25) percent of all other required plant materials shall be native; 3. Two (2) years after the effective date of this ordinance, fifty (50) percent of the required trees and twenty-five (25) percent of all other required plant materials shall be native. (e) SITE SPECIFIC PLANTING MATERIALS: Trees and other vegetation used in the landscape design should be appropriate to the conditions in which they are planted, to the greatest extent, they shall be: 1. salt tolerant relative to the area in which they are planted; 2. able to withstand reduced water conditions if planted in sandy soils; 3. able to withstand wet conditions when planted around retention/detention ponds or in swales; 4. have non-invasive growth habits. - 7 - Ord. No. 26-90 (f) PROHIBITED PLANT SPECIES: Ail prohibited plant species shall be eradicated from the development site and reestablishment of prohibited species shall not be permitted. The following plant species shall not be planted in the City of Delray Beach: 1. Melaleuca quinquenervia (commonly known as Punk tree, paper bark, Cajeput, Melaleuca); or 2. Schinus terebinthifolius (commonly known as Brazilian Pepper or Florida Holly); or 3. Casuarina Species (commonly known as Australian Pine); or 4. Acacia auriculiformis (commonly known as Earleaf Acacia). (g) CONTROLLED PLANT SPECIES: Ficus species can be planted as individual trees provided they are no closer than twelve (12) feet from any public improvement, ficus species may be planted within twelve (12) feet of any public improvements only if they are maintained as a hedge which is constantly cultivated and does not exceed six (6) feet in height if located within a setback area. Height may be permitted to reach eight (8) feet when planted on a residential project and used to separate the residential use from an arterial or collector road right-of-way. Sec. 159.26 Landscape Design Standards. The following standards shall be considered the minimum requirements for the design and installation of all plant materials within the City of Delray Beach: (a) DESIGN: Xeriscape principles shall be utilized in landscape designs and installations. Copies of South Florida Water Management District's "Xeriscape - Plant Guide II" and "How to Xeriscape" are available from the Building Department. The seven principles of xeriscape are: 1. Appropriate planning and design to include consideration of the size and shape of lot, soil type, topography, intended use of area site specific planting to minimize irrigation waste. 2. Use of soil analysis and appropriate amendments to provide better absorption of water and to provide beneficial plant nutrients. 3. Efficient irrigation systems which permit turf and other less drought tolerant plantings to be watered separately from more drought tolerant plantings, consideration of low volume drip, spray or bubbler emitters for trees, shrubs and ground covers. 4. Reduction of turf areas, utilizing less water demanding materials such as low water demand shrubs and living ground covers in conjunction with organic mulches. 5'. Utilization of drought tolerant plant materials and the grouping of plants with similar water requirements. 6. Utilization of mulches to increase moisture retention, reduce weed growth and erosion and increase the organic content of soil upon degradation. Mulch should be ini- tially applied at a three inch depth, but pulled away from direct contact with stems and trunks to avoid rotting. Mulched planting beds are an ideal replacement for turf areas. - 8 - Ord. No. 26-90 7. Appropriate maintenance to preserve the intended beauty of the landscape and conserve water. (b) INSTALLATION: All landscaping shall be installed in a sound, workman-like manner and according to sound horticultural and planting procedures with the quality of plant materials herein described. All elements of landscaping shall be instal- led so as to meet all other applicable ordinances and code requirements. (c) VEHICULAR ENCROACHMENT: there shall be no vehicular encroach- ment over or into any landscaped area. In order to prevent encroachment and maintain a neat and orderly appearance of all planting areas adjacent to parking spaces, accessways, and/or traffic, all landscape areas shall be separated from vehicular use areas by carstops or non-mountable, reinforced concrete curbing of the type characterized as "Type D" in the current edition of the "Roadway and Traffic Design Standards" Manual prepared by the State of Florida Department of Transportation, or curbing of comparable durability. In the case of curbing around required landscaped islands, the width of the curbing shall be excluded from the calculation of the minimum dimen- sions of the required island. Landscape islands are required to be a minimum of 5 feet in width exclusive of the curb width. The exception to this is that in paved parking lots, that portion of the parking space extending beyond the car stop may be sodded, and therefore, a vehicle would encroach into this specific landscaped area. (d) QUALITY: all plant materials used in conformance with provi- sions of this ordinance shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida Department of Agriculture, Tallahassee, or the most current revised edition. (e) TREES: shall be a species having an average mature spread of crown greater than twenty (20) feet and having trunks which can be maintained in a clean condition with over six (6) feet of clear mature wood. Trees having an average mature spread of crown less than twenty (20) feet may be substituted by grouping the same so as to create the equivalent of a twenty (20) foot spread of crown. Tree species shall be a minimum of twelve (12) feet in overall height at the time of planting, with a minimum of four (4) feet of single straight trunk with six (6) feet of clear trunk, and a six (6) foot spread of canopy. Native tree species shall be permitted to be ten (10) feet in height at the time of planting, with a minimum of four (4) feet of straight single trunk, and a four (4) foot spread of canopy when it can be demonstrated that trees twelve (12) feet in height are not available. When more than ten (10) trees are required to be planted to meet the requirements of this section, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be plant- .ed. This species mix requirement shall not apply to areas of vegetation required to be preserved by law. The minimum number of species to be planted is as follows: REQUIRED NUMBER OF TREES MINIMUM NUMBER OF SPECIES 11-20 2 21-30 3 31-40 4 41 + 5 - 9 - Ord. No. 26-90 (f) PALMS: shall be considered trees. Palms considered susceptible to lethal yellowing by the Florida Department of Agriculture shall not be used to fulfill the requirements of this article. Palm species which do not have a mature spread of crown of at least fifteen (15) feet shall be grouped in threes, and three (3) palms shall equal one (1) shade tree. Palms must have an overall height of a minimum of twelve (12) feet and a minimum of six (6) feet of clear trunk at the time of planting. Minimum overall palm height may be increased, if palms are of a nature that the fronds hang below an 8 foot clearance, and are further, located in an area where pedestrians may be adversely affected by the fronds. Coconut Palms and Royal Palms may be credited on a one for one basis with shade trees. Coconut Palms are permitted to have a minimum of 2 feet of grey wood at the time of planting, provid- ing they are located so that the fronds are not hazardous. (g) SHRUBS AND HEDGES: shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges where required shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen Within a maximum of one year after planting. To this end, shrubs shall be spaced a maximum of two (2) feet, center to center, unless plants are exceptionally full, in which case the shrubs shall be permitted to be planted up to a maximum of thirty (30) inches, center to center, provided the branches are touching at the time of planting. Hedges must be allowed to attain height of 36 inches except where providing adequate and safe sight distance requires them to be maintained at a 30 inch height. (h) LAWN GRASS: (Turf or Sod) A major portion of water demand used for landscape purposes is required for the irrigation of lawn areas. Portions of landscaped areas that have been customarily designed as lawns shall be: 1. preserved as natural plant communities; 2. planted as redeveloped native areas; or 3. planted in traditional mixes of trees, shrubs, and ground covers. Property managed non-grass landscape developments of site specific plantings will typically be able to survive on reduced water requirement and survive drought conditions better than lawn areas. No more than 70% of the required open space shall be planted in lawn grass. When used, lawn grass shall be clean and reasonably free of weeds and noxious pests or diseases. When grass areas are to be seeded, sprigged or plugged, specifications must be submitted to and approved by the City Horticulturist. One hundred percent (100%) coverage must be achieved within ninety (90) days. Nurse grass must be sown for immediate effect and protection against soil erosion until coverage is otherwise achieved. Solid sod must be used in swales, canal banks, rights-of- way and other areas subject to erosion. (i) GROUND COVERS: ground covers used in lieu of grass, in whole or part, shall be planted at such spacing to present a finished appearance and reasonably complete coverage within six (6) months after planting. All ground cover areas must be kept free from weeds. - 10 - Ord. No. 26-90 (j) VINES: shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. (k) ORGANIC MULCHES: organic mulches may be used in combination with living plants as part.of a landscape design as provided in this section. However, organic mulches shall not by themselves constitute landscaping. No more than 25% of a front or side street setback may be comprised of mulch independent of living plant materials. (1) IRRIGATION: all landscaped areas shall be provided with a sprinkler system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. Systems shall be designed to permit all zones to be completed between the hours of 5:00 P.M. and 9:00 A.M. to avoid daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to the requirement to provide irrigation are noted below: 1. IRRIGATION OF EXISTING PLANT COMMUNITIES: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irriga- tion water added in any form. 2. REESTABLISHED NATIVE PLANT AREAS: Native plant areas that are supplements to an existing plant community or newly installed by the developer may initially require addition- al water to become established. The water required during the establishment period shall be applied from a temporary irrigation system, a water truck or by hand watering from a standard hose bib source. 3. IRRIGATION DESIGN STANDARDS: the following standards shall be considered the minimum requirements for landscape irrigation design: a. all landscaped areas shall be provided with an irrigation system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. The source of water may be either from City water or from non-potable water. The use of recycled water is also encouraged. b. wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas. c. automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a differ- ent schedule from law water requirement areas. d. sprinkler heads shall be installed and maintained so as to minimize spray upon any public access, side- walk, street or other non-pervious area. e. the use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. f. the use of low volume or drip systems is encouraged. - 11 - Ord. No. 26-90 g. as technology for moisture sensing devices is im- proved, their use is encouraged. h. the use of pop-up sprinkler heads is required in the swale area between the property line and the edge of pavement of the adjacent right-of-way to minimize pedestrian hazard. Sec. 159.35 Minimum Landscape Requirements (a) NEW SINGLE FAMILY RESIDENCES: For single family residences that have not been issued a~building permit upon the effective date of this ordinance, the following minimum standards for landscaping shall apply: 1. One shade tree shall be planted for every 2,500 square feet of lot area. Shade trees for single family residenc- es may be a minimum of eight (8) feet in height with a three (3) foot spread at the time of installation. Existing trees preserved on the site may be credited toward this tree requirement. 2. Shrubs shall be installed along the foundation of the side of the residence that faces any street. 3. All air-conditioning units shall be screened with shrub- bery or wood fencing. 4. All other lot areas not covered by driveways or structures shall be planted with lawn grass, ground cover or other approved landscape materials. 5. The area between the property line and the edge of pave- ment of the abutting right-of-way shall be sodded or landscaped with ground cover acceptable to the City Engineering Department. Rock or gravel is expressly prohibited from being used in the right-of-way,~ unless approved by City Engineering. 6. All refuse container storage areas visible from an adja- cent street must be screened with vision obscuring fencing or hedging. A vision obscuring gate must be used in conjunction with hedging. 7. All landscaped areas shall be provided with an irrigation system, automatically operated, to provide complete coverage of all plant materials and grass to be main- tained. The source of water may be either from City water or non-potable water. The use of recycled water is encouraged. (b) DUPLEX RESIDENTIAL UNITS: One (1) tree shall be planted for every 2000 square feet of lot area or fraction thereof. Existing trees preservgd on the site may be credited toward this tree requirement. In addition, in consideration of the fact that some duplex units have back-out parking, and no direct screening can be achieved between the parking and street area, hedging and a shade tree will be required to be installed on both sides of the back-out parking area. - 12 - Ord. No 26-90 A strip of land a minimum of five (5) feet in width shall be provided around the foundation of the building where it faces the right-of-way and along the side of the building that provides entry for the units and shall be landscaped with shrubs and ground covers. All other lot areas not covered by buildings or paving will be landscaped with sod, shrubs or ground covers. In addition the area between the property line and the edge of pavement of the abutting right-of-way shall be provided with sod, irrigation and maintenance. All air conditioning units and other mechanical equipment and refuse areas will be screened with shrubbery or fencing. For duplexes that haue a parking lot that does not require back-out parking, the screening specified for new multi-family units provided below shall be required. (c) NEW MULTI-FAMILY UNITS/COMMERCIAL AND INDUSTRIAL USES: multi- family, commercial, industrial and all other uses are required to comply with the minimum requirements for off-street parking. On the site of a building or open-lot use providing an off- street parking, storage or other vehicular use area, where such an area will not be screened visually by an intervening build- ing or structure from an abutting right-of-way or dedicated alley, there shall be provided landscaping as follows: Perimeter requirements adjacent to public and private rights- of-way: 1. A strip of land at least five (5) feet in depth located between the off-street parking area or other vehicular use area and the right-of-way shall be landscaped, provided, however, that should the zoning code of the Delray Code of Ordinances require additional perimeter depths, that the provisions of the zoning code shall prevail. The land- scaping shall consist of at least one tree for each thirty (30) linear feet or fraction thereof. The trees shall be located between the right-of-way line and the off-street parking or vehicular use area. Where the depth of the perimeter landscape strip adjacent to the right-of-way exceeds fifteen (15) feet, shade trees may be planted in clusters, but the maximum spacing shall not exceed fifty (50) feet. The remainder of the landscape area shall be landscaped with grass, ground cover, or other landscape treatment excluding pavement. Additionally, a hedge, wall or other durable landscape area shall be placed along the interior perimeter of the landscape strip. If a hedge is used, it must be a minimum of two (2) feet in height at the time of planting and attain a minimum height of three (3) feet above the finished grade of the adjacent vehicular use or off-street parking area within one year of planting. If a nonliving barrier is used, it shall be a minimum of three (3) feet above the finished grade of the adjacent vehicular use. Nonliving barriers shall require addition- al landscaping to soften them and enhance their appear- ance. For each ten (10) feet of nonliving barrier, a shrub or vine shall be planted along the street side of the barrier, in addition to tree requirements. - 13 - Ord. No. 26-90 Earth berms may be used only when installed in conjunction with sufficient plant materials to satisfy the screening requirements. The slope of the berm shall not exceed a 3:1 ratio. 'Hedges for multi-family projects which are used to sepa- rate a residential use from an adjacent arterial or collector road right-of-way may attains height of eight (8) feet to mitigate the impact of the adjacent roadway. Perimeter hedging installed to effect screening of storage areas must be a minimum of four (4) feet in height at the time of installation and be permitted to grow to a height to conceal the materials being stored. Perimeter shade trees are required to be planted every thirty (30) feet and are not permitted to be clustered. 2. The unpaved portion of the right-of-way adjacent to the property line shall be landscaped with sod and provided with irrigation and maintenance. 3. The width of accessways which provide access to a site or vehicular use areas may be subtracted from the linear dimensions used to determine the number of trees required. Perimeter landscaping requirements relating to abutting proper- ties: 4. A landscaped barrier shall be provided between the off- street parking area or other vehicular use area and abutting properties. The landscape barrier may be two (2) feet at the time of planting and achieve and be maintained at not less than three (3) nor greater than six (6) feet in height to form a continuous screen between the off- street parking area or vehicular use area and such abut- ting property. This landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width. Duplexes may be permitted to reduce the perimeter planting strip to two and one-half (2 1/2) feet in width in cases where lot frontage is less than fifty-five (55) feet. In addition, one (1) tree shall be provided for every thirty (30) linear feet of such landscaped barrier or fraction there- of. 5. Where any commercial or industrial areas abut a residen- tial zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one (1) tree shall be planted every twenty-five (25) feet to form a solid tree line. 6. The provisions for perimeter landscape requirements relating to abutting properties shall not be applicable where a proposed parking area or other vehicular use area abuts an existing hedge or established tree line, the existing hedge and trees may be used to satisfy the landscape requirements provided the existing material meets all applicable standards. The landscape strip, a minimum of five (5) feet in depth, .however, is still required, and must be landscaped with sod or ground cover. If the existing landscaping does not meet the standards of this article, additional landscaping shall be required as necessary to meet the standards, in. the event that the landscaping provided by the adjacent property which has - 14 - Ord. No. 26-90 been used to satisfy the landscaping requirements for the property making application is ever removed, the property heretofore using the existing vegetation to satisfy landscaping requirements, must then install landscaping as required to comply with the provisions of this code. Interior landscape requirements for parking and other vehicular use areas: 7. The amount of interior landscaping within off-street parking areas shall amount to no less than ten percent (10%) of the total area used for parking and accessways. 8. There shall be a group of palms or a shade tree for every one hundred twenty-five (125) square feet of required interior landscaping. No more than twenty-five percent (25%) of these required trees shall be palms. 9. Landscape islands which contain a minimum of seventy-five (75) square feet of plantable area, with a minimum dimen- sion of five (5) feet, exclusive of the required curb, shall be placed at intervals of no less than one land- scaped island for every ten (10) parking spaces. One shade tree or equivalent number of palm trees shall be planted in every interior island. Where approval for the use of compact parking has been approved through the administrative relief process, islands may be placed at intervals of no less than one (1) island for every thir- teen (13 parking spaces. 10. Each row of parking spaces shall be terminated by land- scape islands with dimensions as indicated above. An exception to this requirement is when a landscaped area exists at the end of the parking row. 11. Whenever parking tiers abut,, they shall be separated by a minimum five (5) foot wide landscape strip. This strip shall be in addition to the parking stall. Non-mountable curbs are not required for these landscaping strips, providing carstops are provided. 12. Perimeter landscape strips which are required to be created by this code or requirements of the zoning code shall not be credited to satisfy any interior landscaping requirements, however, the gross area of perimeter land- scape strips which exceed minimum requirements may be credited to satisfy the interior landscape requirements of this section. 13. Interior landscaping in both parking areas and other vehicular use areas shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving wherever possible. A portion of the landscaping for interior parking spaces, not to exceed twenty-five percent (25%) of the total requirement, may be relocated so as to emphasize corridors or special landscape areas within the general parking area or adjacent to buildings located on the site, if helpful in achieving greater overall aesthetic effect. Such relocated landscaping shall be in addition to the perimeter landscaping requirements. 14. All dumpster and refuse areas and all ground level air-conditioning units and mechanical equipment shall be screened. - 15 - Ord. No. 26-90 15. Landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. (d) EXISTING MULTI-FAMILY UNITS/COMMERCIAL AND INDUSTRIAL USES: All existing multi-family units and commercial and industrial uses that were built prior to the adoption of the landscape ordinance on September 13, 1971, shall have three (3) years from the effective date of this ordinance to comply with the minimum standards for landscaping as follows: 1. Provide for perimeter landscaping adjacent to public rights-of-way to screen vehicular parking, open-lot sales, service and storage areas to the extent physically possi- ble and deemed feasible by the Community Appearance Board or the Historic Preservation Board, where applicable. Elimination of parking spaces required by code will not be permitted to upgrade landscaping, however, the deletion of parking spaces in excess of code requirements will be required if they are in areas that will facilitate the implementation of the minimum landscape requirements for existing development contained herein. 2. Provide sod and irrigation within the unpaved portion of the right-of-way between the property line and the edge of pavement of the adjacent right-of-way. 3. Provide screening for all dumpsters and refuse areas 'and all ground level air-conditioning units and mechanical equipment. Adequacy of screening shall be determined by the Community Appearance Board or Historic Preservation Board, as appropriate. 4. Foundation landscaping shall be provided for building elevations that are visible from adjacent rights-of-way. Sec. 159.36 Minimum Maintenance Requirements (a) GENERAL: the owner or his agent shall be responsible for the maintenance of all landscaping required by ordinance or made a condition for approval for a building permit. Landscaping shall be maintained in a good conditions so as to present a healthy, neat, and orderly appearance at least equal to that which was required for the original installation, and shall be kept free from refuse and debris. Maintenance is to include mowing, edging, weeding, shrub pruning, fertilization and inspection and repair of irrigation systems to ensure their proper functioning. (b) PRUNING OF TREES: maintenance pruning of trees is to allow for uniform healthy growth. Trees shall be allowed to attain their normal size, and at a minimum attain a twenty (20) foot spread of canopy, prior to any pruning except in conjunction with the removal of diseased limbs, or to remove limbs or foliage that present a hazard to powerlines or structures. Lower branches and suckers must be selectively removed to provide a minimum of six (6) feet of clear trunk. Severely cutting back lateral branches and canopy, or "hatracking" is expressly prohibited. Trees may be periodically thinned in order to reduce the leaf mass in preparation for tropical storms. All pruning shall be accomplished in accordance with the National Arborist's Stan- dards. A tree's habit of growth must be considered before planting to prevent conflicts with view or signage and such a conflict shall not of itself necessarily permit the pruning or removal of a tree. - 16 - Ord. No. 26-90 Sec. 159.37 Sight Distance for Landscaping Adjacent to Public Rights- of-Way and Points of Access (a) GENERALLY: when an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided, however, trees or palms' having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross visibility area shall be allowed, provid- ed they are located so as not to create a traffic hazard. Trees shall not be located closer than six (6) feet from the edge of any accessway pavement. The triangular areas above referred to are: 1. The area on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being twenty (20) feet in length from the point of inter- section and the third side being a .line connecting the ends of the other two (2) sides. 2. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being forty (40) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. Sec. 159.45 Enforcement Enforcement shall be by the Chief Building Official, or his desig- nee. (a) CODE NON CONFORMANCE: The Chief Building Official or his designee shall withhold issuance of any Certificate of Occupan- cy until the provisions of this Code, including the conditions on any permit issued thereunder, have been fully met. (b) CODE VIOLATIONS: The Chief Building Official or his designee shall withhold issuance of any building permit or other devel- opment permits if the provisions of this Code have been violat- ed by the owner or his assigns, on any property within the City of Delray Beach. (c) PUBLIC RIGHT FOR INSPECTIONS: The Chief Building Official or his designee shall have the right to inspect the lands affected by this code and shall have the right to issue citations for violations. Landscaping shall be inspected periodically to see that the approved and implemented landscape plan is in satis- factory condition. (d) COMPLIANCE OF EXISTING DEVELOPMENTS WITH MINIMAL REQUIREMENTS: Three years after the effective date of this ordinance existing development will be required to comply with the minimal land- scape requirements as contained in this ordinance. The Chief Building Official or his designee shall inspect properties for compliance with the minimum standards and shall issue a cita- tion in cases where the standards have not been met. Property owners are encouraged to submit plans for upgrading prior to the effective date for compliance. - 17 - Ord. No. 26-90 Sec. 159.46 Penalty The property owner shall be responsible for compliance with all provisions of the landscape code, including maintenance. Failure to comply with the provisions of this ordinance shall result in the issu' ance of a citation to the property owner of record. The citation shall be in the form of a written official notice issued in person or by certified mail to the owner of record. The receipt of a citation shall require the corrective action to be taken within thirty (30) days, unless otherwise extended at the discretion of the Chief Building Official or his designee when warranted. Failure to take corrective action may result in a notice to appear before the Code Enforcement Board, at which time the owner may be fined up to twenty-five (25) dollars a day for each day the violation continues .to exist beyond the date ordered by the Board for compliance. Each violation shall be considered a separate offense. Sec. 159.47 Appeals Authorized; Variances Prohibited' (a) Appeals of the decision of the Chief Building Official may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrative official but no variances may be granted con- cerning the requirements of this article. (b) The Community Appearance Board and Historic Preservation Board are expressly prohibited from granting a variance from the landscape requirements contained herein. Sec. 159.48 Issuance of Certificate of Occupancy (a) The Chief Building Official shall have the authority to issue a Certificate of Occupancy which shall include the portions of the construction and development which have been completed according to the requirements of this article, the site plan and the building code requirements. (b) If the landscaping requirements of this article have not been met at the time that a Certificate of Occupancy could be granted and is requested, the owner or his agent must post with the Building Department a bond of one hundred and ten percent (110%) covering the costs of materials, labor and other costs incidental to the installation of the required landscaping. A landscape bond will only be accepted in extreme hardships where the landscape plant materials are not available due to drought or freeze, or similar conditions occur that would warrant acceptance of the bond as determined by the Chief Building Official. Sec. 159.49 Modification of Requirements (a) If the applicant finds that it is not feasible to comply with the requirements as set forth in this article, a request for waiver of certain requirements may be submitted in writing through the Chief Building Official. Applicant must specify the portion of the landscape code for which relief is requested and indicate the hardship. The Chief Building Official shall route the request for waiver through the City Manager's office to schedule a hearing at a City Commission meeting. The City Commission may authorize a modification in the landscaping requirements as set forth, above, if it is determined that the requirements of said section would not be feasible or would constitute a hardship in a particular instance, and provided that such a modification would not endanger public safety and welfare. - 18 - Ord. No. 26-90 Section 2. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immed- iately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1990. MAYOR ATTEST: City Clerk First Reading July 24, 1990 Second Reading - 19 - Ord. No. 26-90