§ 4.6.16. Landscape regulations.

(A)

Purpose. The objective of this article is to improve the appearance of setback and yard areas in conjunction with the development of 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 Section 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 Florida-friendly landscaping principles; proper tree selection adjacent to or within utilities to mitigate damages which may be caused by trees; encouraging the creation or preservation of open space; 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; establishing guidelines for the installation and maintenance of landscape materials and irrigation systems; reducing air, noise, heat, and chemical 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 Section are minimum standards which may be increased in accordance with the guidelines contained herein as well as aesthetic criteria established by the Site Plan Review and Appearance Board and the Historic Preservation Board when applicable. Additional landscape requirements may be required for certain zoning districts and roadways as provided for elsewhere in these regulations. [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 50-98 1/5/99]

(B)

Applicability. The provisions of this Section shall apply as follows:

(1)

To the construction of single family homes, for which a building permit is applied for on or after October 1, 1990. Such properties shall comply with minimum standards set forth in Section 4.6.16(H)(1) and other applicable sections of 4.6.16; [Amd. Ord. 22-96 5/21/96]

(2)

To existing development of all types, including, but not limited to, commercial, industrial and multi-family development including duplexes, but excluding single family detached dwellings on a single lot. Such development shall comply with the minimum standards set forth within Sections 4.6.16(C)(1) and 4.6.16(H)(6) and other applicable Sections of 4.6.16, in addition to all requirements set forth in the approved landscape plan of record. [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 22-96 5/21/96]

(3)

To any new development, or any modification of existing development. That portion of the site which is being newly developed or modified must comply with the requirements contained herein; [Amd. Ord. 22-96 5/21/96]

(4)

To any modification to existing development which results in an increase of 25 percent in the gross floor area of the structure, or structures, situated on the site. In such cases the entire site shall be upgraded to present landscape standards; [Amd. Ord. 22-96 5/21/96]

(C)

Compliance, review, appeal, and relief. [Amd. Ord. 22-96 5/21/96]

(1)

Compliance.

(a)

Prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C), including the following, if applicable: [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 22-96 5/21/96]

1.

A landscape permit, which shall be required for all work whose landscape improvement valuation is greater than $1,000.00. [Amd. Ord. 6-12 2/21/12]

(b)

Prior to upgrading landscaping on an existing site, a landscape plan shall be submitted which shall: [Amd. Ord. 22-96 5/21/96]

1.

Be drawn to scale consistent with the site plan with crowded areas provided in a larger scale presentation. [Amd. Ord. 22-96 5/21/96]

2.

Clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles, sidewalks, building locations and similar features. [Amd. Ord. 22-96 5/21/96]

3.

Clearly show property lines and all Right-of-Ways adjacent to existing property to be improved. [Amd. Ord. 6-12 2/21/12]

4.

Contain a Statement of Intent as to the method and coverage of irrigation (irrigation systems require a separate permit; See Section 4.6.16(F) for additional irrigation regulations). [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 22-96 5/21/96]

5.

Designate by name and location the plant material to be installed or preserved. [Amd. Ord. 22-96 5/21/96]

6.

Show location of overhead lines and utility easements. [Amd. Ord. 22-96 5/21/96]

7.

Show proposed or existing locations of refuse areas and methods of screening. [Amd. Ord. 22-96 5/21/96]

8.

Show proposed or existing locations of free standing signs. [Amd. Ord. 22-96 5/21/96]

9.

Provide an Existing Tree Survey documenting all trees with a caliper equal to or greater than four inches. All trees shall have a number or symbol that is referenced in a table. This table shall be shown on the Existing Tree Survey and shall document the botanical and common name, caliper, height and spread and overall condition for each tree. [Amd. Ord. 6-12 2/21/12]

10.

Show landscape calculations in a legible tabular format. The type of calculations used will be determined by the property use. Single family dwellings shall utilize the Single family dwelling calculations. Duplexes shall utilize the Duplex calculations. Multi-family, Industrial and Commercial use properties shall utilize the Multi-family/Industrial/Commercial calculations. [Amd. Ord. 6-12 2/21/12]

11.

Show proposed plant material in a tabular form. Include botanical and common names, specifications, quantity and symbol (if applicable). [Amd. Ord. 6-12 2/21/12]

12.

Be accompanied by a Landscape Cost Estimate when proposed landscape improvements are valued at $1,000.00 or more. Landscape improvements include the cost of material, labor and profit. [Amd. Ord. 6-12 2/21/12]

13.

Label all plant material to be of Florida # 1 grade or better as illustrated in the Grades and Standards for Nursery Plants, Part 1 (current edition) by the Florida Department of Agriculture. All material that is graded lower than Florida #1 quality shall be rejected. [Amd. Ord. 6-12 2/21/12]

14.

Show all sight triangles in their proper locations. See Section 4.6.14. [Amd. Ord. 6-12 2/21/12]

15.

Be prepared, signed and sealed by a Registered Landscape Architect. Exceptions include Single Family and Duplex Dwellings located in Single Family Zoning Districts that are not within an Overlay District that requires them to be prepared by a Registered Landscape Architect. [Amd. Ord. 6-12 2/21/12]

(c)

The final completion of landscaping prior to issuance of the Certificate of Occupancy. All landscaping and related items shall be installed in accordance with this section before the Certificate of Occupancy is issued. [Amd. Ord. 6-12 2/21/12]

(2)

Review. Landscape plans of existing properties shall be reviewed by City Staff as appointed by the Chief Building Official. The purpose of the review of landscape plans for existing duplex, industrial, commercial and multi-family properties is to determine if the plans meet the minimum required standards. [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 22-96 5/21/96]

(3)

Appeals. Appeal from the City Staff shall be to the Site Plan Review and Appearance Board or the Historic Preservation Board as applicable. Appeal from the Site Plan Review and Appearance Board or the Historic Preservation Board shall be to the City Commission. [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 22-96 5/21/96]

(4)

Relief. Relief from the provisions of this Section shall only be granted through the waiver process [Section 2.4.7(B)] by the City Commission, Site Plan Review and Appearance Board or Historic Preservation Board as applicable. [Amd. Ord. 22-96 5/21/96]; [Amd. Ord. 83-95 01/09/96]

(D)

Site planning and design requirements. The following site design standards, concepts, and practices shall be adhered to in the preparation of landscape plans. [Amd. Ord. 6-12 2/21/12]

(1)

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:

(a)

The preservation of existing native plant communities;

(b)

The re-establishment of native plant communities;

(c)

The use of site specific plant materials;

(d)

The use of shade trees to reduce transpiration rates of lower story plant materials;

(e)

Limited amounts of lawn grass areas;

(f)

Site development that retains storm runoff on site;

(g)

The use of pervious materials for non-landscaped and parking areas.

(2)

Preservation and promotion of existing plant communities. 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.

(a)

Tree protection. Trees which are to be preserved on a site shall be protected from damage during the construction process according to appropriate tree protection techniques. The "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the State of Florida, Department of Agriculture and Consumer Service, shall be the standard for determining the appropriateness of proposed techniques. All trees which 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. [See Section 3.4.6(G) re Tree Removal Permits]

(b)

Portion of native communities to remain. When natural plant communities occur on a parcel of land which is to be developed, at least 25 percent of the required open space must be in the form of preserved natural plant communities.

(c)

Native species required. 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:

(i)

Effective October 1, 1990, 25 percent of required trees and 25 percent of all other required plant materials shall be native;

(ii)

Effective October 1, 1991, 35 percent of the required trees and 25 percent of all other required plant materials shall be native;

(iii)

Effective October 1, 1992, 50 percent of the required trees and 25 percent of all other required plant materials shall be native.

(d)

Substitution of mature, exceptional tree specimens for required parking. The intent of this section is to preserve those selected mature trees that are not able to be located in required landscape areas while maintaining a reasonable level of off-street parking for new or expanding multi-family, commercial, and industrial developments or redevelopments, as the preservation of these trees, in most instances, is of higher order than providing the exact amount of required off-street parking. [Amd. Ord. 2-02 2/5/02]

The City may require or the applicant may request the substitution of existing, mature, healthy, exceptional tree specimens for required parking spaces in instances where the following conditions are met: [Amd. Ord. 2-02 2/5/02]

1.

Such trees are of a hardwood and/or deciduous variety and a minimum of 12 inches in diameter measured one foot above grade. [Amd. Ord. 2-02 2/5/02]

2.

Such trees are free of disease and insects. [Amd. Ord. 2-02 2/5/02]

3.

Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands required in Section 4.6.16(H)(3). [Amd. Ord. 2-02 2/5/02]

4.

Such trees are protected during construction as prescribed in Section 4.6.16(D)(2)(a). [Amd. Ord. 2-02 2/5/02]

The applicant shall indicate on the site plan the location of all required parking spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. [Amd. Ord. 2-02 2/5/02]

The Historic Preservation Board (HPB) or Site Plan Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. [Amd. Ord. 2-02 2/5/02]

A decision of HPB or SPRAB disapproving a request for or requiring tree preservation may be appealed to the City Commission pursuant to LDR Section 2.4.7(E). [Amd. Ord. 2-02 2/5/02]

All tree(s) which are to be preserved under this section and do not survive shall be replaced by a tree a minimum of 18 feet in height with a ten-foot spread of canopy. The City Horticulturist shall approve such replacements. [Amd. Ord. 2-02 2/5/02]

(3)

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:

(a)

Salt tolerant relative to the area in which they are planted;

(b)

Able to withstand reduced water conditions if planted in sandy soils;

(c)

Able to withstand wet conditions when planted around retention/ detention ponds or in swales;

(d)

Deleted. [Amd Ord. 50-98 1/5/99]

(4)

Tree selection adjacent to or within utility easements. Required perimeter landscape buffers often coincide with utility easements. Careful selection of tree species is essential to minimize conflicts as trees mature. Trees planted subsequent to the effective date of this ordinance shall meet the following criteria: [Amd. Ord. 50-98 1/5/99]

(a)

The ultimate mature height and width of a tree to be planted should not exceed the available overhead growing space. Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Light Company's "Plant The Right Tree In The Right Place" (copies available from the Community Improvement Department), which provides recommendations for tree selections. [Amd. Ord. 50-98 1/5/99]

(b)

Trees shall not be planted within ten feet of any underground utilities. [Amd. Ord. 50-98 1/5/99]

(c)

Trees shall have non-invasive growth habits which will not interfere with adjacent above/underground utilities. [Amd. Ord. 50-98 1/5/99]

(E)

Landscape design standards. The following shall be considered the minimum standards for the design and installation of all plant materials within the City of Delray Beach.

(1)

Design. Florida-friendly landscape principles shall be utilized in landscape designs and installations. Principles of Florida-friendly landscaping include planting the right tree in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Other important considerations include: [Amd. Ord. 6-12 2/21/12]

(a)

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.

(b)

Use of soil analysis and appropriate amendments to provide better absorption of water and to provide beneficial plant nutrients.

(c)

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.

(d)

Reduction of turf areas, utilizing less water demanding materials such as low water demand shrubs and living ground covers in conjunction with organic mulches.

(e)

Utilization of drought tolerant plant materials and the grouping of plants with similar water requirements.

(f)

Utilization of mulches to increase moisture retention, reduce weed growth and erosion and increase the organic content of soil upon degradation. Mulch should be initially 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.

(g)

Appropriate maintenance to preserve the intended beauty of the landscape and conserve water.

(2)

Installation. All landscaping shall be installed in a sound, workmanlike manner and according to sound horticultural and planting procedures with the quality of plant materials herein described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements.

(3)

Vehicular encroachment. There shall be no vehicular encroachment over or into any required landscape 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 dimensions of the required island. Landscape islands are required to be a minimum of nine feet in width exclusive of the curb width. [Amd. Ord. 6-12 2/21/12]

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.

(4)

Quality. All plant materials used in conformance with provisions 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.

(5)

Trees. Shall be a species having an average mature spread of crown greater than 20 feet and having trunks which can be maintained in a clean condition with over six feet of clear mature wood. Trees having an average mature spread of crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of a 20 foot spread of crown. Tree species shall be a minimum of 16 feet in overall height at the time of planting, with a minimum of six feet of single straight trunk with eight feet of clear trunk, and a seven-foot spread of canopy. Tree species required for single family homes and duplexes shall be a minimum of 12 feet in overall height at the time of planting, with a minimum of four feet of single straight trunk with six feet of clear trunk, and a six-foot spread of canopy. [Amd. Ord. 6-12 2/21/12]

When more than ten 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 planted. 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

 

(6)

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 15 feet shall be grouped in threes, and three palms shall equal one shade tree. Palms must have an overall height of a minimum of 16 feet and a minimum of eight feet of clear trunk at the time of planting. Palms used for single family homes and duplexes must have an overall height of a minimum of 12 feet and a minimum of six 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 eight-foot clearance, and are further, located in an area where pedestrians may be adversely affected by the fronds. No more than 50 percent of the required trees shall be Palms.

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 two feet of grey wood at the time of planting, providing they are located so that the fronds are not hazardous. [Amd. Ord. 6-12 2/21/12]

(7)

Shrubs and hedges. Shall be a minimum of two 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 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 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.

Hedges that are required for screening purposes shall have their height specified as follows: Hedges shall fully screen equipment that is five feet above grade or less. Equipment five to 16 feet above grade shall be screened with hedges that are half of the height of the item to be screened. In such instances, the required hedge shall not be any less than five feet in height. Anything higher than 16 feet shall be screened with shrubbery that is a minimum of eight feet in height. [Amd. Ord. 6-12 2/21/12]

(8)

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:

(a)

Preserved as natural plant communities;

(b)

Planted as redeveloped native areas; or

(c)

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. [Amd. Ord. 81-91 12/3/91]

For commercial, industrial and multi-family developments, no more than 70 percent of the combination of the required interior greenspace and the required perimeter landscape buffers, shall be planted in lawn grass. The balance shall be planted in a mix of shrubs and ground covers. [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 81-91 12/3/91]

For the development of single family and duplex residences, no more than 80 percent of the pervious lot area shall be planted in lawn grass. A minimum of 20 percent of the pervious lot area shall be planted in shrubs and ground covers. [Amd. Ord. 6-12 2/21/12]; [Amd. Ord. 81-91 12/3/91]

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 coverage must be achieved within 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.

(9)

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 months after planting. All ground cover areas must be kept free from weeds.

(10)

Vines: Shall be a minimum of 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.

(11)

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 percent of a front or side street setback may be comprised of mulch independent of living plant materials. [Amd. Ord. 6-12 2/21/12]

(F)

Irrigation requirements. All landscaped areas shall be provided with a fully automated sprinkler system that will provide complete coverage of all plant materials and grass to be maintained. All systems shall be designed to allow for head-to-head coverage (100-percent coverage with 100-percent overlap). Low-volume irrigation systems, such as drip or micro-irrigation systems, are strongly encouraged. [Amd. Ord. 6-12 2/21/12]

(1)

Watering restrictions. The Landscape Irrigation Restrictions set forth by the South Florida Water Management District (SFWMD), as amended, are hereby adopted and incorporated as if set forth. [Amd. Ord. 6-12 2/21/12]

(2)

Irrigation of existing plant communities. Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form.

(3)

Reestablished native plant areas. Native plant areas that are supplements to an existing plant community or newly installed by the developer may initially require additional 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.

(4)

Irrigation design standards and practices. The following standards shall be considered the minimum requirements for landscape irrigation design: [Amd. Ord. 6-12 2/21/12]

(a)

All landscaped areas shall be provided with a fully automated sprinkler system that will provide complete coverage of all plant materials and grass to be maintained. The use of recycled water is encouraged. [Amd. Ord. 6-12 2/21/12]

(b)

All new installations of landscape irrigation systems and substantial modifications of existing irrigation systems which use well water, excluding single family residences, shall install, operate and maintain rust inhibitor equipment to prevent staining of structures and pavements. [Amd. Ord. 30-93 4/13/93]

(c)

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.

(d)

Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from low water requirement areas.

(e)

Sprinkler heads shall be installed and maintained so as to minimize spray upon any public access, sidewalk, street or other non-pervious area.

(f)

The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system.

(g)

The use of low volume or drip systems is encouraged.

(h)

All new installations of landscape irrigation systems, and modifications of existing irrigation systems, shall be equipped with a rain sensing device which will override the irrigation cycle of the system when adequate rainfall has occurred. Further, these rain sensing devices must be operated and maintained for the life of the irrigation system. [Amd. Ord. 30-93 4/13/93]

(i)

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.

(j)

The plant palette and irrigation system shall be appropriate for site conditions, taking into account that, in some cases, soil improvement can enhance water use efficiency. [Amd. Ord. 6-12 2/21/12]

(k)

Plants shall be grouped together by irrigation demand. [Amd. Ord. 6-12 2/21/12]

(l)

The percentage of landscaped area in irrigated high water use hydrozones should be minimized. Landscape plans shall depict the different hydrozones and irrigate according to demand. [Amd. Ord. 6-12 2/21/12]

(m)

All irrigation systems shall meet current Best Management Practices as established by the most current version of the Florida Green Industries Best Management Practices Handbook, including the uniform distribution of water throughout all zones. [Amd. Ord. 6-12 2/21/12]

(n)

Irrigation plan shall meet the following requirements: [Amd. Ord. 6-12 2/21/12]

(1)

Scale of drawing shall be consistent with Site and Landscape Plans. [Amd. Ord. 6-12 2/21/12]

(2)

Show location of existing and proposed buildings, paving, and site improvements. [Amd. Ord. 6-12 2/21/12]

(3)

Show locations of Water Meter, Point of Connection (POC), Backflow Preventer, Controller, Pump, Zone Valves, Rain shutoff device, Rust-inhibiting device (if applicable), Main and Lateral Lines, Sprinkler Heads and Sleeves. [Amd. Ord. 6-12 2/21/12]

(o)

An irrigation legend shall be shown on irrigation plan. The irrigation legend will have the following elements: Separate symbols for all irrigation equipment with different spray patterns and precipitation rates and pressure compensating devices; general description of equipment; manufacturer's name and model number for all specified equipment; recommended operating pressure per nozzle and bubbler and low-flow emitter; manufacturer's recommended overhead and bubbler irrigation nozzle rating in gallons per minute or gallons per hour for low flow point applicators; minimum (no less than 75 percent of maximum spray radius) and maximum spray radius per nozzle; and manufacturer's rated precipitation rate per nozzle at specified per square inch. [Amd. Ord. 6-12 2/21/12]

(G)

Prohibited and controlled species.

(1)

Prohibited plant species. All 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:

(a)

Melalecua quinquenervia (commonly known as Punk tree, paper bark, Cajeput, Melaleuca); or

(b)

Schinus terebinthifolius (commonly known as Brazilian Pepper or Florida Holly); or

(c)

Casuarina Species (commonly known as Australian Pine); or

(d)

Acacia auriculiformis (commonly known as Earleaf Acacia); or [Amd. Ord. 6-12 2/21/12]

(e)

Cupianopsis anacardioides (commonly known as Carrotwood); or [Amd. Ord. 6-12 2/21/12]

(f)

Schefflera actinophylla (commonly known as Schefflera or Umbrella tree); or [Amd. Ord. 6-12 2/21/12]

(g)

Bischofia javanica (commonly known as Bischoffia). [Amd. Ord. 6-12 2/21/12]

(2)

Controlled plant species. Ficus species can be planted as individual trees provided they are no closer than 12 feet from any public improvement. Ficus species may be planted within 12 feet of any public improvements only if they are maintained as a hedge which is constantly cultivated and does not exceed six feet in height if located within a setback area. Height may be permitted to reach eight feet when planted on a residential project and used to separate the residential use from an arterial or collector road right-of-way.

Ficus hedges located on private property are allowed to exceed the eight-foot maximum height limit so long as the respective property owner shows documentation that these hedges were taller than eight feet on or before January 31, 2012. [Amd. Ord. 6-12 2/21/12]

(H)

Minimum landscape requirements.

(1)

New single family detached residences. For single family residences for which a building permit has not been applied for prior to October 1, 1990, the following minimum standards for landscaping shall apply:

(a)

One shade tree shall be planted for every 2,500 square feet of lot area. Shade trees for single family residences shall be a minimum of 12 feet in height with a five-foot spread at the time of installation. Existing trees preserved on the site with the same specifications as above, may be credited toward this tree requirement. [Amd. Ord. 6-12 2/21/12]

(b)

Shrubs shall be installed along the foundation of the side of the residence that faces any street.

(c)

Air-conditioning units whose height is five feet or less shall be screened with shrubbery or wood fencing that is tall enough to fully screen the units from view. Units higher than five feet above grade shall be screened with hedges that are half of the height of the item to be screened. In such instances, the required hedge shall not be any less than five feet in height. [Amd. Ord. 6-12 2/21/12]

(d)

All other lot areas not covered by driveways or structures shall be planted with lawn grass, ground cover or other approved landscape materials.

(e)

The area between the property line and the edge of pavement 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.

(f)

All refuse container storage areas visible from an adjacent street must be screened with vision obscuring fencing or hedging. A vision obscuring gate must be used in conjunction with hedging.

(g)

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 non-potable water. The use of recycled water is encouraged.

(2)

Duplex residential development.

(a)

One tree shall be planted for every 2,000 square feet of lot area or fraction thereof. Existing trees preserved on the site may be credited toward this tree requirement. [Amd. Ord. 6-12 2/21/12]

(b)

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.

(c)

A strip of land a minimum of five 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.

(d)

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.

(e)

All air-conditioning units and other mechanical equipment and refuse areas whose height is five feet or less shall be screened with shrubbery that is tall enough to fully screen the units from view. Equipment five feet to 16 feet above grade shall be screened with hedges that are half of the height of the item to be screened. In such instances, the required hedge shall not be any less than five feet in height. Anything higher than 16 feet shall be screened with shrubbery that is a minimum of eight feet in height. [Amd. Ord. 6-12 2/21/12]

(f)

For duplexes that have a parking lot that does not require back-out parking, the screening specified for new multi-family units provided below shall be required.

(3)

New multiple family, commercial, and industrial development. 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 building 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:

(a)

A strip of land at least five 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. This landscape strip shall be free of any vehicular encroachment, including car overhang. The landscaping shall consist of at least one tree for each 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 15 feet, shade trees may be planted in clusters, but the maximum spacing shall not exceed 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 feet in height at the time of planting and attain a minimum height of three feet above the finished grade of the adjacent vehicular use or off-street parking area within one year of planting.

Multiple tier plantings are strongly encouraged for all properties, regardless of the depth of the landscape buffer. Those properties that have a landscape buffer depth of ten feet or more shall be required to provide an additional layer of groundcover. The groundcover shall be located directly in front of the required hedge, so as to be visible from the adjacent right-of-way. This groundcover shall be installed at one-half of the height of the required perimeter hedge. [Amd. Ord. 6-12 2/21/12]

If a nonliving barrier is used, it shall be a minimum of three feet above the finished grade of the adjacent vehicular use. Nonliving barriers shall require additional landscaping to soften them and enhance their appearance. For each ten feet of nonliving barrier, a shrub or vine shall be planted along the street side of the barrier, in addition to tree requirements.

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 separate a residential use from an adjacent arterial or collector road right-of-way may attain a height of eight feet to mitigate the impact of the adjacent roadway

Perimeter hedging installed to effect screening of storage areas must be a minimum of 75 percent of the height of the storage structure 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 30 feet and are not permitted to be clustered. [Amd. Ord. 6-12 2/21/12]

(b)

The unpaved portion of the right-of-way adjacent to the property line shall be landscaped with sod and provided with irrigation and maintenance.

(c)

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 properties:

(d)

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 feet at the time of planting and achieve and be maintained at not less than three nor greater than six feet in height to form a continuous screen between the off-street parking area or vehicular use area and such abutting 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 feet in width that is free of any vehicular encroachment, including car overhang. Duplexes may be permitted to reduce the perimeter planting strip to two and one-half feet in width in cases where lot frontage is less than 55 feet. In addition, one tree shall be provided for every 30 linear feet of such landscaped barrier or fraction thereof. [Amd. Ord. 6-12 2/21/12]

(e)

Where any commercial or industrial areas abut a residential zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one tree shall be planted every 25 feet to form a solid tree line.

(f)

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 feet in depth, however, is still required, and must be landscaped with sod or ground cover and be free of any vehicular encroachment, including car overhang. 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 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: [Amd. Ord. 6-12 2/21/12]

(g)

The amount of interior landscaping within off-street parking areas shall amount to no less than ten percent of the total area used for parking and accessways.

(h)

There shall be a group of palms or a shade tree for every 125 square feet of required interior landscaping. No more than 25 percent of these required trees shall be palms.

(i)

Landscape islands which contain a minimum of 135 square feet of planting area, with a minimum dimension of nine feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every 13 standard parking spaces. One shade tree shall be planted in every island with a minimum of 75 square feet of shrubs and groundcovers. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Where approval for the use of compact parking has be approved, islands may be placed at intervals of no less than one island for every 15 compact parking spaces: [Amd. Ord. 6-12 2/21/12]

1.

The distance between parking islands can be increased up to 15 standard or 17 compact parking spaces but the width of the parking island must be increased by one foot for each additional space (i.e. if the distance between parking islands is 15 standard parking spaces the parking island would have to be 11 feet wide). [Amd. Ord. 6-12 2/21/12]

i.

Properties within the Central Business District (CBD) shall adhere to the same landscape island width stated above, unless documentation of site constraints provide that such island width is not feasible. In such cases, the City will accept landscape islands with a minimum width of seven feet, exclusive of curb, with 105 square feet of planting area. Under no circumstances shall any landscape island have a width smaller than seven feet, exclusive of curb. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Minimum tree height shall be increased to 18 feet in overall height with an eight-foot spread if the option to increase the number of parking spaces between landscape islands is chosen. [Amd. Ord. 6-12 2/21/12]

2.

Unobstructed cross-visibility shall be maintained at all terminal landscape islands where it intersects a right-of-way. Clear visibility shall be maintained between three feet to six feet above ground. Proper plant selection shall be utilized that fully accounts for the mature height and spread of that plant. The proper design shall have low groundcovers within the nose of the island with small shrubs located at the back end of the island. [Amd. Ord. 6-12 2/21/12]

(j)

Each row of parking spaces shall be terminated by landscape islands with dimensions as indicated above. An exception to this requirement is when a landscaped area, with the dimensions above, exists at the end of the parking row. [Amd. Ord. 6-12 2/21/12]

(k)

Whenever parking tiers abut, they shall be separated by a minimum five-foot wide landscape strip. This strip shall be in addition to the parking stall and be free of any vehicular encroachment, including car overhang. In addition, a two-foot hedge shall be installed within this landscape strip and run the entire length of the strip. Pedestrian walkways are permitted to allow passage through the hedge. Nonmountable curbs are not required for these landscaping strips, providing carstops are provided. [Amd. Ord. 6-12 2/21/12]

(l)

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 landscape strips which exceed minimum requirements may be credited to satisfy the interior landscape requirements of this section.

(m)

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 25 percent 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.

(n)

Existing native soil within all landscape islands, interior landscape strips and perimeter landscape strips, adjacent to vehicular use areas, shall be excavated down to a depth of 30 inches below existing grade, except for a 12-inch buffer from the inside of curb or pavement (see diagram below). A suitable planting soil mixture of 50/50, 60/40 (sand/topsoil) or as otherwise indicated by the Registered Landscape Architect, shall either be backfilled in place of the native soil or efficiently mixed with the native soil to create an optimum environment for successful root development. If native soil is to be mixed, it shall first be screened to remove rocks and debris larger than one-half inch in diameter prior to mixing. All properties under this section shall be required to have an open landscape bed inspection prior to backfilling to insure the 30-inch depth has been met. [Amd. Ord. 6-12 2/21/12]

(o)

All air-conditioning units and other mechanical equipment and refuse areas whose height is five feet or less shall be screened with shrubbery that is tall enough to fully screen the units from view. Equipment five feet to 16 feet above grade shall be screened with hedges that are half of the height of the item to be screened. In such instances, the required hedge shall not be any less than five feet in height. Anything higher than 16 shall be screened with shrubbery that is a minimum of eight in height. [Amd. Ord. 6-12 2/21/12]

(p)

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.

(4)

Foundation landscaping requirements. [Amd. Ord. 6-12 2/21/12]

(a)

Foundation landscaping shall be required. This shall incorporate trees, shrubs and groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. [Amd. Ord. 6-12 2/21/12]

(b)

New multi-story structures or landscape improvements to existing multi-story structures shall adhere to the landscape requirements set forth in this section. The purpose of these requirements is to aesthetically and visually buffer larger structures and to maintain an appropriately scaled relationship between the height of the structure and its surrounding landscape.

(i)

Foundation trees with specifications listed in Table 1 shall be planted along the building façade that faces a Right-of-Way, except in the CBD zoning district where alternate landscaping configurations have been incorporated into the Frontage Standards in Section 4.4.13(E). [Amd. Ord. 03-15 02/24/2015]

(ii)

The spacing of these trees shall be determined based on the average canopy width of the proposed tree. These trees shall be spaced appropriately so that the canopies shall be touching at average maturity.

(iii)

Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed in Table 2 are examples. Other species may be used so long as the spacing meets the intent of this section. [Amd. Ord. 6-12 2/21/12]

Table 1. Foundation Tree Specifications [Amd. Ord. 6-12 2/21/12]

Mean Structure Height (feet)	Minimum Tree Height (feet)	Minimum Tree Spread (feet)	Minimum Overall Palm Height (feet)
To 15	12 to 14 (code)	5	12 (code)
15 to 25	14 to 16	6	16
26 to 35	16 to 18	7	20
36 and greater	16 to 18	7	25

 

Table 2. Typical Foundation Trees and Spacing Requirements [Amd. Ord. 6-12 2/21/12]

Tree Species	Typical Spacing
Quercus virginiana (Live Oak)	30'
Bursera simaruba (Gumbo Limbo)	30'
Swietenia mahagoni (Mahogany Tree)	30'
Cocos nucifera (Coconut Palm)	20'
Wodyetia bifurcata (Foxtail Palm)	20'
Veitchia montgomeriana (Montgomery Palm)	15'
Bismarckia nobilis (Bismarck Palm)	25'
Phoenix dactylifera (Date Palm)	25'

 

(5)

Special landscape regulations for properties within the Central Business District (CBD). [Amd. Ord. 6-12 2/21/12]

(a)

Landscape Islands shall be installed within designated On-Street Parking locations. Properties submitting for Site Plan Modifications that are designated as Class IV or higher are required to install on-street landscape islands. Site Plan Modifications that are classified as Class III or lower that are proposing on street landscape islands shall adhere to the requirements outlined in this section. All islands are to be curbed with Type 'F' curbing to protect plant material. There are three types of landscape islands found within designated on-street parking sites. They are Intersection Islands, Driveway Islands and Parallel Parking Islands. [Amd. Ord. 6-12 2/21/12]

1.

Intersection Islands are required at the corners of intersecting streets. These islands shall be a minimum of ten feet in length. One palm tree and associated understory plantings shall be located in each island and shall not pose a hazard to site visibility. If applicable, each palm shall be located behind traffic signs. Species and size to be consistent with those existing within adjacent on-street parking islands. [Amd. Ord. 6-12 2/21/12]

2.

Driveway Islands are required on each side of the driveway apron leading into the property. These islands shall be a minimum of eight feet in length. One accent tree or palm and associated understory plantings shall be located in each island and shall not pose a hazard to site visibility. Species and size to be consistent with those existing within adjacent on-street parking islands. [Amd. Ord. 6-12 2/21/12]

3.

Parallel Parking Islands shall be used to break up large expanses of pavement utilizing shade-producing canopy trees and associated understory plantings. No more than six parallel parking spaces are allowed between the nearest parallel parking island and the subject property submitting for a Site Plan Modification. Spaces will be counted from the nearest street intersection. Each island shall be a minimum of 22 feet in length and contain at least one canopy tree and associated understory plantings. Species and size to be consistent with those existing within adjacent on-street parking islands.

Properties abutting Atlantic Avenue are exempt from the requirement of constructing on-street landscape islands. The maintenance and irrigating of islands shall be the sole responsibility of the property owner who is located adjacent to these islands. Construction of landscape islands shall not create traffic safety hazards. The utilization of root barriers will be required in instances where underground utilities are present. All compacted soil, rock and other debris shall be removed to a depth of 30 inches below top of curb and replaced with a 60/40 mixture of sand to topsoil.

Existing site conditions will be examined during the plan review process. Flexibility for location and size of islands will be considered in achieving the overall goal of creating a consistent and unified streetscape. [Amd. Ord. 6-12 2/21/12]

(6)

Street trees for new residential developments. [Amd. Ord. 6-12 2/21/12] A themed landscape is very important for creating unity and common character within residential developments. Street trees are an integral component of creating a themed landscape and shall be required as per this section. All trees shall be in accordance with Section 4.6.16(E)(5). Tree selection shall be approved by City Staff. One street tree shall be required for every 40 linear feet of street frontage with a minimum of one tree per property. Street trees shall be located between the inside edge of sidewalk and edge of road pavement. Typical spacing for some commonly used street trees are listed in the below chart. [Amd. Ord. 6-12 2/21/12]

Tree Species	Typical Spacing (feet)
Quercus virginiana (Live Oak)	40'
Bursera simaruba (Gumbo Limbo)	35'
Swietenia mahagoni (Mahogany Tree)	40'
Peltophorum sp. (Yellow Poinciana)	40'

 

(7)

Existing multiple family, duplex, commercial, and industrial development. All existing multi-family units, duplexes, and commercial and industrial uses shall comply with the minimum standards for landscaping as follows: [Amd. Ord. 22-96 5/21/96]

(a)

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 possible and deemed feasible by the Landscape Compliance Review Committee. 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 required implementation of the minimum landscape requirements for existing development contained herein. [Amd. Ord. 22-96 5/21/96]

(b)

Provide sod and irrigation within the right-of-way between the property line and the edge of pavement of the adjacent travel lane. The removal of existing asphalt may be required within the area between the property line and the edge of pavement of the adjacent travel lane. [Amd. Ord. 22-96 5/21/96]

(c)

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 Landscape Compliance Review Committee. [Amd. Ord. 22-96 5/21/96]

(d)

Foundation landscaping shall be provided for building elevations that are visible from adjacent rights-of-way.

(8)

Sight distance. Sight distance for landscaping adjacent to rights-of-way and points of access shall be provided pursuant to Section 4.6.14.

(I)

Minimum maintenance requirements.

(1)

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 condition 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.

(2)

Yard waste management, composting and use of mulches. [Amd. Ord. 6-12 2/21/12]

(a)

Yard wastes shall not be disposed of or stored by shorelines, in ditches or swales, or near storm drains. [Amd. Ord. 6-12 2/21/12]

(b)

Composting of yard wastes provides many benefits and is strongly encouraged. The resulting materials are excellent soil amendments and conditioners. Other recycled solid wastes products are also available and should be used when appropriate. [Amd. Ord. 6-12 2/21/12]

(c)

Grass clippings are a natural benefit to lawns, replenishing nutrients drawn up from the soil and as an organic mulch that helps to retain moisture, lessening the need to irrigate. Grass clippings should be left on your lawn. All discharged clippings are to be kept far away from adjacent shorelines. [Amd. Ord. 6-12 2/21/12]

(d)

Mulches applied and maintained at appropriate depths in planting beds assist soils in retaining moisture, reducing weed growth, and preventing erosion. Mulch, applied at a layer of two inches thick, shall be specified on landscape plans. Mulches shall be kept six inches away from trunk. Mulch from invasive trees such as Melaleuca and Eucalyptus are highly recommended as a suitable mulching resource. [Amd. Ord. 6-12 2/21/12]

(3)

Fertilizer management. [Amd. Ord. 6-12 2/21/12]

(a)

Spreader deflector shields are required when fertilizing via rotary spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. [Amd. Ord. 6-12 2/21/12]

(b)

Fertilizers shall not be applied, spilled or otherwise deposited on any impervious surfaces. Any fertilizers that are spilled, whether intentionally or accidentally, shall be immediately and completely removed. [Amd. Ord. 6-12 2/21/12]

(c)

In no case shall fertilizer be washed, swept or blown off impervious surfaces into stormwater drains, ditches conveyances or water bodies. [Amd. Ord. 6-12 2/21/12]

(4)

Pesticide management. [Amd. Ord. 6-12 2/21/12]

(a)

All landscape applications of pesticides, including Weed and Feed products, should be made in accordance with State and Federal Law and with the most current version of the Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries. [Amd. Ord. 6-12 2/21/12]

(b)

Property owners and landscape management companies performing pesticide control within the City are strongly encouraged to use Integrated Pest Control (IPC). Biological control is a natural and effective means of eradicating unwanted pests within a landscape. It has relatively little impact on the environment and prevents the unnecessary use of chemicals. [Amd. Ord. 6-12 2/21/12]

(c)

When using pesticides, all label instructions are state and federal law and must be adhered to. [Amd. Ord. 6-12 2/21/12]

(5)

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 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 power lines or structures. Lower branches and suckers must be selectively removed to provide a minimum of six 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 Standards. 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.