2007- 901, 911, 913, 926, 930, & 934 landscaping · 2007. 3. 21. · ordinance 2007-_____...

$: 2007- 901, 911, 913, 926, 930, & 934 Landscaping · 2007. 3. 21. · ORDINANCE 2007-_____ Underline: Additions to Ordinance Strike-through: Deleted Text from Existing Ordinance F:\Community$
ORDINANCE 2007-______

Underline: Additions to Ordinance Strike-through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2007\2007-_____ 901, 911, 913, 926, 930, & 934 Landscaping.RTF

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AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER, 901, DEFINITIONS; CHAPTER 911, ZONING; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 930, STORMWATER MANAGEMENT AND FLOOD PROTECTION; AND CHAPTER 934, EXCAVATIONS AND MINING; BY REVISING THE DEFINITION OF “BUFFER STRIP” IN SECTION 901.03; BY AMENDING THE GREEN SPACE REQUIREMENTS OF SECTION 911.08(6)(D); BY REVISING CORRIDOR LANDSCAPE REQUIREMENTS IN SECTIONS 911.18(3), 911.19(6), 911.20(3), 911.21(3), AND 911.22(5); BY AMENDING THE SUBDIVISION GREEN SPACE REQUIREMENTS OF SECTION 913.09(21); BY AMENDING PURPOSE AND INTENT LANGUAGE IN SECTION 926.02; BY UPDATING LANGUAGE IN SECTION 926.03; BY UPDATING LANGUAGE IN SECTION 926.04; BY AMENDING REQUIREMENTS FOR LANDSCAPE PLANS IN SECTION 926.05; BY ESTABLISHING LANDSCAPE REQUIREMENTS FOR STORMWATER LAKES IN SECTION 926.05(4); BY AMENDING LANDSCAPE MATERIAL STANDARDS IN SECTION 926.06; BY AMENDING THE LANDSCAPE POINT SYSTEM AND TREE PRESERVATION REQUIREMENTS IN SECTION 926.07; BY AMENDING THE BUFFER AND OPAQUE FEATURE STANDARDS IN SECTION 926.08; BY AMENDING THE ROADWAY LANDSCAPE REQUIREMENTS IN SECTION 926.09(1); BY AMENDING PERIMETER LANDSCAPE REQUIREMENTS IN SECTION 926.09(2); BY AMENDING PARKING AREA INTERIOR LANDSCAPE REQUIREMENTS IN SECTION 926.09(3); BY AMENDING REQUIREMENTS FOR PROTECTING LANDSCAPE AREAS FROM VEHICULAR ENCROACHMENT IN SECTION 926.09(4); BY AMENDING SIGHT DISTANCE REQUIREMENTS FOR LANDSCAPING ALONG ROADWAYS IN SECTION 926.09(5); BY AMENDING CANOPY TREE REQUIREMENTS IN NONVEHICULAR OPEN SPACE AREAS AND ESTABLISHING CANOPY TREE REQUIREMENTS AROUND STORMWATER LAKES IN SECTION 926.10; BY AMENDING THE STANDARDS FOR IRRIGATION SYSTEMS IN SECTION 926.11; BY AMENDING THE LANDSCAPE MAINTENANCE REQUIREMENTS IN SECTION 926.12; BY AMENDING THE LIST OF RECOMMENDED TREES FOR SINGLE-FAMILY RESIDENCES IN SECTION 926.15(2); BY ESTABLISHING A COMPREHENSIVE LIST OF NATIVE PLANT SPECIES, EXOTIC INVASIVE PLANT SPECIES, PREFERRED GRASSES, SOILS, AND LITTORAL PLANT SPECIES IN THE CHAPTER 926 APPENDICES; BY AMENDING THE REQUIREMENTS FOR STORMWATER MAINTENANCE AREAS IN SECTION 930.07(1)(m); BY AMENDING WATER MANAGEMENT STANDARDS TO REQUIRE LITTORAL ZONES FOR DEVELOPMENT PROJECTS EXCEEDING TEN ACRES IN AREA IN SECTION 934.05; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDR’S) BE AMENDED AS FOLLOWS:



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SECTION #1: AMENDMENTS. Section 901.03, Definitions, is hereby amended to read as follows:

Buffer strip land area which may contain plant material, vegetated berm, fencing, or other landscaping that is used to separate developed land from a roadway or to separate one use from another for the purpose of creating an attractive and opaque boundary to shield or block noise, light or other nuisances, used for physical or spatial separation. (Also see "screening"). Section 911.08(6)(D), multi-family green space and/or recreation space standards, is hereby amended to read as follows: *D. Green space and/or recreation space: All multi-family developments must set

aside a minimum of seven and one-half (7.5) percent of the total project site area as dedicated to green space and/or recreation space. Upland preserves, and wetland areas, and created littoral zones may be credited towards this requirement. Recreation tracts shall be located, designed, constructed, maintained and operated in such a manner that minimizes adverse noise and lighting impacts on adjacent or nearby developments. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as parks, ball courts, and pools. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, open air recreation facility, or other similar type of amenity.

1. Recreation tracts located within one hundred twenty-five (125) feet of the

boundary of the development shall be either: a. Designated on a final plat, or other document recorded in the

public records, as being used for passive recreation uses: no active uses, such as but not limited to basketball or tennis courts, shall be permitted on these tracts.

b. Buffered from adjacent development boundaries with a minimum

twenty-five (25) foot wide Type B (or better) buffer with a six-foot opaque feature (see Chapter 926).

2. Any and all lighting used within recreation tracts shall be approved by the

county and shall be adequately shielded to prevent lighting or glare from encroaching on to properties adjacent to or nearby the development.



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Section 911.18(3)(g through j), Wabasso Corridor, is hereby amended to read as follows: (g) US 1 and CR 510 landscape buffer: Refer to Section 926.09 for roadway

landscape requirements. Within the plan area the following landscape requirements shall apply:

1. Increased canopy tree size. All canopy trees required under normal

landscaping and buffering requirements and special Wabasso corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet.

2. The county-wide landscaping requirements of LDR Chapter 926 shall apply

except as noted herein. The following landscape buffer shall be provided along the entire length of a site's CR 510 and US 1 frontages, except for approved driveways:

Buffer Width Minimum

Planting/Berm Requirements per 100 feet

20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 1/2 high at planting Berm: 1 1/2--3 feet high*

15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--2 1/2 high*

10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting Berm: 1--1 1/2 feet high*

*Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at



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the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F-4 and F-5 at end of section 911.18)

(h) Landscape buffer along other streets in the corridor: Refer to Section 926.09 for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip.

(i) Landscape buffer along commercial/residential border: Within the corridor,

where compatibility bufferyards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided.

(j) Foundation plantings: Foundation plantings shall be required as stated below for

buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. Reference section 911.18(3)(c)3 regarding exemptions for historic buildings and resources.

1. Along the front, sides and rear of buildings, the following foundation planting

landscape strips shall be provided in accordance with the building height:

Building Height Foundation Planting Strip Depth1

Up to 12' high 5' depth 12' to 25' high 10' depth Over 25' high 15' depth



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1A distance measured perpendicular to the building, from the foundation outward

2. Within such foundation planting landscape strips, the following landscaping shall be provided;

a. Forty (40) percent of the foundation perimeter (excluding

entranceways and overhead doors) along all building faces shall be landscaped, as follows:

*For buildings up to 12' in height Minimum planting area depth:

5'

Minimum plant material required:

*1 palm tree or appropriate canopy tree for every 10 lineal feet of planting strip (clustered)

*1 understory tree for every 20 lineal feet of required planting strip

*1.5 3 shrubs for every 10 square feet of required planting area

*Ground cover, flowering plants or sod in the remaining planting area

*For buildings of 12' to 25' in height Minimum planting area depth:

10'

Minimum planting material required:

*1 canopy tree for every 10 lineal feet of required planting strip (3 palms with a minimum height of 12' each may be substituted for each canopy tree)




*For buildings over 25' in height Minimum planting area depth:

15'






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b. The following modifications are allowed upon approval from the

community development director or his designee: 1. Foundation planting strips may be located away from

buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive-up windows.

2. The depth of foundation planting strips may be modified if

the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by a typical layout.

(j.1) Increased foundation plantings for "blank facade" building faces. As referenced

in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above).

Section 911.19(6), SR 60 Corridor, is hereby amended to read as follows: (6) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. (a) Reserved. Increased canopy tree size. All canopy trees required under normal

landscaping and buffering requirements and special SR 60 corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet.

(b) SR 60 and thoroughfare plan road buffer. Refer to Section 926.09 for roadway

landscape requirements. Within the corridor plan area, the following landscape buffer shall be provided along the entire length of a site's SR 60, 43rd Avenue, 58th Avenue, 66th Avenue, 74th Avenue, 82nd Avenue, 90th Avenue, and 98th Avenue frontages, except for approved driveways:



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Buffer Depth Minimum Planting/Berm Requirements per 100'

20' or more 4 canopy trees 5 understory trees Continuous hedge1:

1 1/2'--2 1/2' high at planting

Berm: 1 1/2'--3' high1

15' 4.5 canopy trees 5.5 understory trees Continuous hedge1:

1 1/2'--3' high at planting

Berm: 1'--2 1/2' high1

10' 5 canopy trees 6 understory trees Continuous hedge1:

2 1/2'--3' high at planting

Berm: 1'--1 1/2' high1

Project sites with a depth from SR 60 or a thoroughfare plan road of two hundred fifty (250) feet to four hundred (400) feet shall have a buffer depth of at least fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a buffer depth of at least twenty (20) feet. (See Figures F-4 and F-5 at end of section 911.18. "Wabasso Corridor Regulations") 1NOTE: The hedge and berm combination shall provide a visual screen four (4) feet high above the grade of the project site parking area. An alternative to this standard is available for industrially zoned manufacturing uses located in the 98th Avenue manufacturing district, as provided for in section 911.19(3)(a)5. of this ordinance. Hedge material shall provide full screening to the ground; therefore, wax myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four-foot visual screen, subject to county sight distance requirements. Undulations in the berm and corresponding hedge height are



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encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center along the length of the buffer strip, to form a hedge that appears continuous as viewed from the roadway being buffered. Berms shall have a slope no steeper than three (3) horizontal to one (1) vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. Hedge plantings may be asymmetrical, and a buffer wall, not to exceed four (4) feet in height except as specified below, is allowed within the middle one-third (1/3) of the buffer strip's width (measured perpendicular to the road being buffered) if landscaping material is planted on each side of the wall.

(c) Reserved. Special buffer for multi-family projects. Multi-family projects shall provide the SR 60 and Thoroughfare Plan Road buffer as described above, with the additional requirement that the buffer shall include a six-foot opaque feature (as described in Chapter 926). Where a wall or fence is used, such wall or fence shall be located within the middle one third of the buffer strip's width (measured perpendicular to the road being buffered), and landscaping material shall be planted on each side of the wall or fence.

(d) Local road and exclusive access driveway buffer. Refer to Section 926.09 for

roadway landscape requirements. Landscape strips along local roads and exclusive driveways (as defined in the traffic ordinance) within the corridor plan area must contain two (2) understory trees for every thirty (30) lineal feet.

(e) Interior parking area. In addition to the normal interior parking area requirements

of LDR Chapter 926. 1. Uncovered parking spaces shall be located no more than five (5) spaces

away from a planted landscape area. Said landscape area may be on the parking lot perimeter or interior to the parking lot. This requirement may be waived by the planning and zoning commission where tree preservation efforts require a clustering of interior parking green area around existing trees rather than a spread out placement of landscape islands.

2. Landscape islands shall be backfilled at least to the top of curb or

protective barrier, and may be bermed to a maximum height of twenty-four (24) inches above the adjacent parking lot grade.

(f) Foundation plantings. Foundation plantings shall be required as stated below for



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buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. In addition, industrially zoned manufacturing uses in the 98th Avenue manufacturing district and historic buildings and resources are exempt from foundation planting requirements to the extent provided for in section 911.19(3)(a)5. and 6. of this ordinance.






2. Within such foundation planting landscape strips, the following landscaping shall be provided:




5'







10'



10







15'











(g) Increased foundation plantings for "blank facade" building faces. As

referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above).



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Section 911.20(3)(g through k), North Barrier Island Corridor, is hereby amended to read as follows: (g) CR 510 and SR A-1-A landscape buffer: Refer to Section 926.09 for roadway



landscaping and buffering requirements and special North Barrier Island corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet.

2. The county-wide landscaping requirements of LDR Chapter 926 shall

apply except as noted herein. The following landscape buffer shall be provided along the entire length of a site's CR 510 and SR A-1-A frontages, except for approved driveways:

Buffer Width Minimum Planting/

Berm Requirements per 100 feet

20 feet or more 4 canopy trees 5 understory trees

Continuous hedge*: 1 1/2--2 1/2 high at

planting Berm: 1 1/2--3 feet

high* 15 feet 4.5 canopy trees 5.5 understory trees

Continuous hedge*: 1 1/2--2 1/2 high at

planting Berm: 1 1/2--2 1/2

high* 10 feet 5 canopy trees 6 understory trees Continuous hedge*:

2 1/2--3 feet high at planting



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Berm: 1--1 1/2 feet high*

*Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged.

Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. (See Figures F-4 and F-5 at the end of section 911.18 and apply to CR 510 and SR A-1-A)

(h) Landscape buffer along other streets in the corridor: Refer to Section 926.09 for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, such landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip.

(i) Landscape buffer along commercial/residential border: Within the corridor,

where compatibility bufferyards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided.

(j) Foundation plantings: Foundation plantings shall be required as stated below for

non-residential buildings. 1. Along the front, sides and rear of buildings, the following foundation planting



Up to 12' high 5' depth



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12' to 25' high 10' depth Over 25' high 15' depth



a. Forty (40) percent of the foundation perimeter (excluding entrance

ways and overhead doors) along all building faces shall be landscaped, as follows:


5'







10'







15'



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(k) Increased foundation plantings for "blank facade" building faces. As referenced


Section 911.21(3)(i through m), Roseland Corridor, is hereby amended to read as follows: (i) Roseland Corridor landscape buffer. Refer to Section 926.09 for roadway



landscaping and buffering requirements and special Roseland corridor plan requirements for projects within the corridor shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet.



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2. The county-wide landscaping requirements of LDR Chapter 926 shall apply

except as noted herein. The following landscape buffer shall be provided along the entire length of a site's US 1 and Roseland Road frontage, except for approved driveways:

Buffer Width Minimum

Planting/Berm Requirements per 100 feet

20 feet or more 4 canopy trees 5 understory trees Continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--3 feet high*

15 feet 4.5 canopy trees 5.5 understory trees continuous hedge*: 1 1/2--2 1/2 feet high at planting Berm: 1 1/2--2 1/2 feet high*

10 feet 5 canopy trees 6 understory trees Continuous hedge*: 2 1/2--3 feet high at planting Berm: 1--1 1/2 feet high*

*Note: The intent of the hedge and berm combination is to provide a visual screen four (4) feet high above the grade of the project site parking area. Therefore, at the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four feet visual screen. Undulations in the berm and corresponding hedge height are encouraged. Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center, in a serpentine pattern along the length of the buffer strip. Berms shall have a slope no steeper than three (3) horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the community development director or his designee.



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To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style.

(See Figure F-4 at the end of section 911.18)

(j) Landscape buffer along other streets in the corridor. Refer to Section 926.09 for roadway landscape requirements. In addition to standard Chapter 926 requirements for landscaping between rights-of-way and parking areas, landscape strips within the corridor must also contain two (2) understory trees for every thirty (30) lineal feet of the required landscape strip.

(k) Landscape buffer along commercial/residential border. Within the corridor, two

(2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided where compatibility bufferyards are required by Chapter 911 regulations.

(l) Foundation plantings. Foundation plantings shall be required as stated below for

buildings in commercial and industrial areas and for businesses allowed in residential areas. Reference section 911.21(b)3 and 6 regarding exemptions for historic buildings and resources.










5'



17







10'







15'











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(m) Increased foundation plantings for "blank facade" building faces. As referenced


Section 911.22(5), Other Corridors, is hereby amended to read as follows: (5) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply except as noted herein. (a) Reserved. Increased canopy tree size. All canopy trees shall have a minimum

height of twelve (12) feet and minimum spread of six (6) feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of twelve (12) feet.

(b) Thoroughfare plan road buffer. Refer to Section 926.09 for roadway landscape

requirements. Within the corridor area, the following landscape buffer shall be provided along the entire length of a site's thoroughfare plan road frontage:

Buffer Depth Minimum

Planting/Berm Requirements per 100'

20' or more 4 canopy trees with berm 1'--3' 5 understory trees Continuous hedge,

off-set double row, 3' shrubs at planting

15' 4.5 canopy trees with berm 1'--3' 5.5 understory trees



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Continuous hedge, off-set double row, 2'--3' shrubs at planting

The required combined depth of the thoroughfare plan road buffer and the foundation planting strip on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road. Project sites with a depth from a thoroughfare plan road of four hundred (400) feet or less shall have a buffer depth of at least fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a buffer depth of at least twenty (20) feet. (See Figures F-4 and F-5 at end of section 911.18. "Wabasso Corridor Regulations") 1NOTE: The hedge and berm combination shall provide a visual screen a minimum of four (4) feet high above the grade of the project site parking area.

(c) Local road and exclusive access driveway buffer. Refer to Section 926.09 for roadway landscape requirements. Landscape strips along local roads and exclusive driveways (as defined in the traffic ordinance) within the corridor plan area must contain two (2) understory trees for every thirty (30) lineal feet.

(d) Interior parking area. In addition to the normal interior parking area requirements

of LDR Chapter 926. 1. Uncovered parking spaces shall be located no more than five (5) spaces away

from a planted landscape area. Said landscape area may be on the parking lot perimeter or interior to the parking lot. This requirement may be waived by the planning and zoning commission where tree preservation efforts require a clustering of interior parking green area around existing trees rather than a spread out placement of landscape islands.

2. Landscape islands shall be backfilled at least to the top of curb or

protective barrier, and may be bermed to a maximum height of twenty-four (24) inches above the adjacent parking lot grade.

(e) Foundation plantings. Foundation plantings shall be required as stated below for

buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the CH, IL, and IG zoning districts, foundation planting strips shall be exempted for sides of buildings not fronting on a residentially designated area, or public road. In addition, industrially zoned manufacturing uses in the 98th Avenue manufacturing district and historic buildings and resources are exempt from foundation planting



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requirements to the extent provided for in section 911.19(3)(a)5. and 6. of this ordinance.





1A distance measured perpendicular to the building, from the foundation outward. The required combined depth of the thoroughfare plan road buffer and the foundation planting strip on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road.

2. Within such foundation planting landscape strips, the following landscaping shall be provided:




5'







10'





21





15'











(f) Increased foundation plantings for "blank facade" building faces. As referenced




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Section 913.09(21), subdivision common green space and/or recreation space standards, is hereby amended to read as follows: (21) Common green space and/or recreation space. All residential subdivisions with a density of more than one and one-half (1.5) units per acre shall provide in separate tracts a minimum of seven and one-half (7.5) percent of the total project site area as common green space and/or recreation space. Upland preserves, and wetland areas, and created littoral zones may be credited towards this requirement. Required perimeter buffers shall not be credited toward meeting this common green space requirement. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as ball courts, pools, clubhouses, similar facilities, and supporting improvements such as parking area. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, recreation facility, or other similar type of amenity. Chapter 926, Landscape and Buffer Regulations, is hereby amended to read as follows: Section 926.01. Short title.

This chapter shall be known and may be cited as the "Indian River County Landscape and Buffer Ordinance." (Ord. No. 90-16, § 1, 9-11-90) Section 926.02 Purpose and intent.

The board of county commissioners recognizes that the unique characteristics and qualities of Indian River County justify regulations to retain and perpetuate a beneficial, natural, and visually pleasing environment. It is the purpose and intent of this chapter to establish standards for the installation and continued maintenance of landscaping, without inhibiting creative landscape design, so as to improve the appearance of proposed developments. These standards are intended to protect and preserve the appearance, character, and value of surrounding neighborhoods.

Moreover, landscape vegetation benefits the environment and living conditions by

contributing to the production of oxygen, transfer of water, precipitation of airborne pollutants, and conversion of carbon dioxide, in addition to the provision of cooling shade, and reduction of noise.

It is further the purpose and intent of this chapter to promote water conservation through

the preservation of existing native Florida vegetation into landscape designs, the use of drought-tolerant plant materials, the promotion of landscape plans which do not require permanent irrigation systems and instead utilize temporary systems for establishing new drought tolerant plantings, the use of efficient low-volume systems where permanent irrigation is necessary, and the use of reuse water for irrigation when available.



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It is the purpose and intent of this chapter to improve the appearance of certain setback

and yard areas, including off-street vehicular parking and nonvehicular open space areas, in Indian River County; to protect and preserve the appearance, character and value of the surrounding neighborhoods, and thereby promote the general welfare, by providing for installation and maintenance of landscaping for screening and elimination of visual pollution, since the board of county commissioners finds that the unique characteristics and qualities of Indian River County justify regulations to perpetuate the appeal of its natural visual pollution-free environment.

Moreover, landscape vegetation benefits the environment and living conditions by

contributing to the production of oxygen, transfer of water, precipitation of airborne pollutants, and conversion of carbon dioxide, in addition to the provision of cooling shade, and reduction of noise.

It is further the purpose and intent of this chapter to promote water conservation through

the use of efficient low-volume irrigation systems, the incorporation of existing native vegetation into landscape designs, and the use of drought-tolerant plant materials. (Ord. No. 90-16, § 1, 9-11-90) Section 926.03. Applicability.

The provisions of this chapter shall apply to the development and maintenance of unincorporated Indian River County property in the unincorporated area of Indian River County which is subject to the provisions of Chapter 914, Site Plan Regulations; Chapter 915, Planned Development; and Chapter 913, Subdivisions and Plats, of the County Land Development Code. Section 926.15 of this chapter shall apply to the development and maintenance of property in the unincorporated area of the county that is subject to the provisions of Chapter 912, Single-Family Development, of the County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2004-041, § 3, 12-7-04) Section 926.04. Definitions referenced.

The definitions of certain terms used in this chapter are set forth within this chapter, including appendices, and in Chapter 901, Definitions, of the County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90) Section 926.05. General requirements. (1) Unlawful activity. It shall be unlawful for any person to establish, remove or alter landscape contrary to the provisions of this chapter. The lack of maintenance of landscape installed pursuant to a county approved landscape plan shall also be a violation subject to penalties provided by law.

No construction requiring site plan review shall be undertaken in Indian River County until a landscape plan has been approved by the planning and zoning commission. The planning



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and zoning commission will not approve any landscape plan unless it conforms to the requirements of this chapter.

When the redevelopment, reconstruction, upgrading, expansion or change in use of a

previously developed site is such that site plan review is required by county regulations, then this chapter shall be applied to such site as if it were previously undeveloped.

(2) Landscape plan required. A landscape plan showing proposed landscape design shall be submitted for review and approval by the county. Such plan shall be required for all applicable development as referenced in section 926.03. For residential projects (including subdivisions, major site plans, and planned developments) over twenty (20) units or for nonresidential projects over forty thousand (40,000) square feet of new impervious surface, the landscape plan shall be prepared by either a Florida registered landscape architect or a Florida certified landscape designer. Landscape plans shall include and indicate the following: (a) Location, species, type and size of all existing trees to be preserved or removed

pursuant to Chapter 927, Tree Protection; (b) Location of all structures, freestanding signs, parking areas, drives, vehicular use

areas and other improvements to remain or proposed for installation on the property;

(c) Location of overhead powerlines and adjacent rights-of-way; (d) Location and description of existing native plant communities to remain

undisturbed, as applicable; (e) Location, species (with identification if native or non native) type, size, and

quantity of all proposed landscape materials; (f) Plant list including quantity of all proposed landscape materials; (g) General notes including mulching requirements, fertilization and installation

details, and such other information as needed; (h) Planting details as needed; (i) Dimensions of the property; and (j) Required opaque features, including berms; and (k) Tabulations which clearly show relevant statistical information necessary to

evaluate compliance with provisions of this chapter. This shall include, but not be limited to, required buffers, vehicular use landscaping/screening, nonvehicular landscaping, an such other information as needed.



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(3) Irrigation plan required. In conjunction with a landscape plan, an irrigation plan shall be required. Such plan shall indicate use of a low-volume irrigation system designed specifically for the proposed landscape installation, delineate planting zones if proposed, and clearly illustrate compliance with section 926.11 of this chapter. (4) Certificate of occupancy. No final certificate of occupancy shall be given or issued to the an owner or his agent until all conditions of this chapter have been met and the code enforcement official has given an approval. However, tTemporary power, however, may be issued in those instances where all improvements on a site except landscaping have been completed, where power is required for the irrigation system, and where the developer of the project certifies in writing that the required landscaping for the project will be installed as depicted on the plan and provides a timetable for installation of the landscaping. Failure to fulfill the proposed timetable shall be grounds for immediate and summary revocation of the temporary power allowance. (5) Prohibited plant species. For all new development, or redevelopment of existing property, the applicant is required to remove, under county environmental supervision, all invasive, exotic plant species defined and listed in Appendix B prior to issuance of a certificate of occupancy or certificate of completion, whichever is applicable. (Ord. No. 90-16, § 1, 9-11-90) Section 926.06. Landscape materials standards. (1) Quality. Plant materials used in conformance with the provisions of this chapter shall conform to the Standards for Florida No. 1 or better, as given in the most current edition of "Grades and Standards for Nursery Plants" Part I and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass seeds shall be delivered to the job site in bags with Florida Department of Agriculture tags attached, indicating the seed grower's compliance with the department's quality control program. Plant materials which are known to be intolerant of paving environments, or whose physical characteristics may be injurious to the public, shall not be specified for use. (2) Drought tolerance requirements. A minimum of fifty (50) percent of total cumulative landscape plant material used to meet the provisions of this chapter shall be "moderately" or "very" drought tolerant, as classified and listed in the most recent edition of the "South Florida Water Management District Xeriscape Plant Guide" or a comparable publication. Existing native plant species preserved on-site may be considered as credit toward the drought tolerance percentage requirement. (3) Trees. (a) Canopy trees. 1. Canopy trees shall be species having an average mature crown spread of



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greater than fifteen (15) feet (under local climatic conditions) and having a trunk(s) with over five (5) feet of clear wood. "Clear wood" refers to that portion of the trunk between the ground and the lowest lateral limbs.

2. Installed canopy trees shall be considered "mature" seven (7) years after

installation. 2. All new canopy trees shall be planted in a planting area of at least one

hundred forty-four (144) square feet, with minimum dimensions being at least twelve (12) feet in any direction. Larger areas may be required by the community development director or his designee for newly planted or existing trees to be preserved, as required by Chapter 927, Tree Protection.

3. Clusters of palms can may be used as a canopy trees provided that a

minimum of three (3) palms are clustered to equal one (1) canopy tree. Clusters of palms, if used, shall consist of no more than one-third of the total canopy tree requirement. However, the three (3) to one (1) clustering requirement can be reduced or eliminated by the community development director or his designee for palms with large canopies such as Canary Island date palms.

4. Single date palms (not including pygmy date palms) may be substituted

for a canopy tree. (b) Trees having an average mature crown spread less than fifteen (15) feet may be

substituted by grouping the same so as to create the equivalent of a fifteen-foot crown spread.

(c) Palm clusters shall be considered trees. Palms, if used, shall consist of no more

than fifty (50) percent of the total new tree requirement when said palms are existing on the site or are relocated on the same site.

(c) Understory trees shall be species defined as medium or small trees having a

mature crown spread of fifteen (15) feet or less. (d) Tree sizes: 1. Required canopy trees shall be a minimum of twelve (12) ten (10) feet

overall in height and two (2) inch diameter at 0.5 feet above grade with a minimum crown spread of six (6) feet, at the time of planting, except as follows:

a. Within the Wabasso and SR 60 corridor areas, required canopy trees shall be a

minimum of twelve (12) feet overall in height, minimum two (2) inch diameter at 0.5 feet above grade, and six (6) feet minimum spread at the time of planting. When palm clusters are used, the ten-foot and twelve-foot minimum shall be



27

provided as clear wood, rather than an overall tree height. a b. Where a building between twelve (12) feet and twenty-five (25)

feet in height is proposed to be located within fifty (50) feet of a perimeter property line, canopy trees within required buffers (Types A-C D) located between the building and a site perimeter shall be a minimum of fifteen (15) twelve (12) feet in height and with a three two-inch diameter at 0.5 feet above grade at planting and a minimum six-foot spread, except that at least one-third ( 1/3) of the required buffer canopy trees shall be a minimum of sixteen (16) feet in height and three-inch diameter at 0.5 feet above grade and a minimum eight-foot spread at time of planting. Where a building between twelve (12) feet and twenty-five (25) feet in height is proposed more than fifty (50) feet from a perimeter, the canopy tree height requirements of (d)1., above, shall apply to canopy trees within the buffer.

b c. Where a building over twenty-five (25) feet in height is proposed

to be located within seventy (70) feet of a perimeter property line, all canopy trees within required buffers (Types A-C D) located between the building and a site perimeter shall be a minimum of sixteen (16) feet in height and with a three-inch diameter at 0.5 feet above grade and a minimum eight-foot spread at planting. Where a building over twenty-five (25) feet in height is proposed more than seventy (70) feet from a perimeter, the canopy tree height requirements of (d) 1., above, shall apply to canopy trees within the buffer.

2. Required understory trees shall be a minimum of six (6) five (5) feet

overall in height and one-and-a-half (1.5) inches one (1) inch diameter at 0.5 feet above grade, at the time of planting. Multi-trunk trees shall have a combined one-and-a-half (1.5) one-inch caliper for all trunks at six (6) inches above grade.

(e) The number of different species of trees, other than palms, shall be as follows:

Table 1

Required Number of Trees

Minimum Number of Species

2--10.... 2 11--20.... 3 21--30.... 4 31--40.... 5 41--Over.... 6



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For sites or parcels located in a sand ridge or xeric scrub environment as determined by county environmental planning staff, a minimum of three (3) species shall be required, regardless of the required number of trees. Such trees shall be indigenous to, and tolerant of, sand ridge or xeric scrub conditions.

(f) For sites or parcels located on the barrier island, the minimum number of species

required herein shall not exceed three (3), notwithstanding that the required number of trees may exceed thirty (30). Such trees shall be species both indigenous to, and tolerant of, barrier island conditions.

(f g) At least fifty (50) percent of all required canopy trees, understory trees, and palms

shall be a native species as listed in Appendix A. (g) Trees in proximity to public works or easements. Trees of a species whose roots

are known to cause damage to sidewalks, roads, or driveways public works or easements shall not be planted closer than six (6) twelve (12) feet to such structures unless a tree root system barrier, approved by the public works director or his designee, is provided that protects the structure(s) from damage by the root system. Said root barrier, where required, shall be installed prior to issuance of a certificate of occupancy or certificate of completion. public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four-inch thick concrete reinforced with No. 6 road mesh (6 x 6 x 6) or equivalent.

(h) The following species will not be used to fulfill the requirements of this article:

Australian pine - (Casuarina spp.) Brazilian pepper - (Schinus terebinthifolius) Melaleuca - (Melaleuca quinquenervia) Chinaberry - (Melia azedarch)

(h) Prohibited trees. The installation of any of the species listed in Appendix B is prohibited.

(i) Credits for the use of newly planted trees larger than the minimum size will be as

indicated in Table 2. Fractional measurements shall be attributed to the next lowest category. These credits shall not apply to trees pre-existing or relocated on-site.



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Table 2 Crown Spread At Time of Planting

and

Diameter

and Height of Tree At Time of Planting

= No. of Tree Credits

14 or more feet and 6 inch at 1 foot above grade

and 25 feet and above = 4

10--16 feet and 4 inch at 0.5 feet above grade

and 18-24 17--24 feet = 3

6--12 feet and 3 inch at 0.5 feet above grade

and 15-17 14--16 feet = 2

(4) Shrubs and hedges. Shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid screen within a maximum of two (2) years after time of planting. (4) Shrubs. (a) Shrubs shall be a minimum of eighteen (18) inches in height when measured

immediately after planting, except that shrubs of non-native viburnum and ligustrum species shall be a minimum of twenty-four (24) inches in height immediately after planting.

(b) Shrubs, where required, shall be planted in an offset double row and maintained

so as to form a continuous, unbroken, solid screen. Where required to form a continuous screen to satisfy a buffer or opaque feature requirement, shrubs shall be planted on twenty-four (24)-to-thirty (30) inch centers, unless a greater spacing is necessary to accommodate larger shrubs and is approved by planning division staff.

(c) Every landscape plan shall contain a minimum number of shrub species as

indicated in the table below. Excluding shrubs used in opaque features, at least fifty (50) percent of the required number of shrubs shall be of native species, listed in Appendix A.

Required Number

of Shrubs Minimum Number

of Species Minimum Number of Native Species

3 - 100 3 2 101 - 300 6 4

301 or greater 9 6 (5) Vines. Vines shall be a minimum of eighteen (18) inches in height directly after planting and no less than thirty (30) inches apart. Vines may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified. At least fifty (50) percent



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must be native. Vines qualifying as native are listed in Appendix A. The installation of any species listed in Appendix B is prohibited. (6) Mulch and Gground covers. The use of cypress mulch is prohibited. Mulch that is not cypress may be used. Ground covers (not including sod grass) shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year after planting. At least fifty (50) percent of the area covered by living material shall be of native species. Refer to Appendix for a list of native ground covers and flowers. The complete coverage of an area by ground covers precludes the use of mulch thereafter. (7) Turf Ggrass. Turf grass areas shall be identified on the landscape plan and shall be limited to a maximum of fifty (50) percent of the total irrigated, landscaped and vegetated project area, excluding rights-of-way, active recreation areas (e.g. playfields), and slopes within dry retention areas. Turf grass shall be placed so that it can be irrigated in a separate zone. Preferred turf grasses are those qualifying as native and are listed in Appendix C. Grass areas may be sodded, plugged, sprigged or seeded, except that solid sod or hydro-seeding shall be used in swales or other areas subject to erosion. Seed, where used, shall be of a variety that will produce coverage within ninety (90) days from sowing; where other than solid sod, grass seed or grass sprigging is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. When necessary, a reseeding program shall be implemented to produce complete coverage within one year. (8) Walls. The wall articulation and wildlife opening requirements stated in Chapter 913.09(9)(C)(4) shall apply to all walls provided in perimeter buffers and landscape areas. (9) Buffers of Florida native vegetation. For the purposes of conserving water and promoting original native landscape, an unelevated buffer of undisturbed Florida native vegetation preserved in situ, or a buffer planted to re-create native uplands (as listed in Appendix A) is preferred over the creation of a landscaped berm. Supplemental native plantings may be added to meet the specifications of the required buffer type. Solid opaque features, such as panel-system walls, may be required within native buffers where the approving body (i.e. staff, the planning and zoning commission, or the board of county commissioners) determines that such features are needed to mitigate potential noise impacts. (10) Berms. Earthen berms shall have a slope no steeper than three (3) feet horizontal to one (1) foot vertical. The crest of the berm shall have a four (4) foot planting area plateau, with ridges on the ends for the retention of water on top of the berm. Berms must be constructed of appropriate soils; the use of either hydric soils or excessively drained soils in constructing berms is prohibited. All berms Guidelines for soils are referenced in Appendix D. (11) Fences. When fences are installed, the side of the fence facing public view shall have a finished appearance. Fences shall be consistent with all corridor plan criteria. Landscaping is required on the side of the fence facing a roadway, in conformance with the requirements set forth in paragraph (5) above and Chapters 911, 913, 915 and 971. Fences shall provide openings to allow for wildlife passage as specified for walls in Section 913.09(9)(C)(4).



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(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 22, 9-29-92; Ord. No. 97-29, § 7, 12-16-97) Section 926.07. Landscape point system and tree preservation credits. (1) Landscape point system. Notwithstanding the other provisions of this chapter, each landscape plan must satisfy a minimum of thirty (30) points from the following list of options:

(a) Irrigation system: 1. Moisture sensing controller . . . . . 5 2. Plan submitted with low, moderate and high water usage zones indicated .

. . . . 5 (b) Shrubs: 1. Twenty-five (25) to fifty (50) percent of total quantity of plants rated

"very drought tolerant" . . . . . 5 1. Fifty (50) to seventy-five (75) percent of total quantity of plants rated

"very drought tolerant" . . . . . 5 2. Fifty-one (51) to one hundred (100) percent of total quantity of plants

rated "very drought tolerant" . . . . . 10 2. Seventy-six (76) to one hundred (100) percent of total quantity of plants

rated "very drought tolerant" . . . . . 10 (c) Trees: 1. Twenty-five (25) to fifty (50) percent of the total quantity of trees rated

"very drought tolerant" . . . . . 5 1. Fifty (50) to seventy-five (75) percent of the total quantity of trees rated

"very drought tolerant" . . . . . 5 2. Fifty-one (51) to one hundred (100) percent of the total quantity of trees

rated "very drought tolerant" . . . . . 10 2. Seventy-six (76) to one hundred (100) percent of the total quantity of trees

rated "very drought tolerant" . . . . . 10 (d) Extra shade/canopy trees in vehicular use areas: 1. Twenty (20) to forty (40) percent more than required . . . . . 5



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2. More than Fforty (40) percent more than required . . . . . 10 (e) Sod/grass areas: 1. Sod/grass area less than sixty (60) percent Thirty-one (31) to fifty (50)

percent of landscape area . . . . . 5 2. Less than thirty (30) percent of landscape area . . . . . 10 (f) Florida native landscape: 1. One hundred (100) percent of landscape area is preserved or re-established

Florida native vegetation., or new native plantings of species listed in Appendix A and Appendix C. Plan must include trees, understory, and groundcover with a maximum of fifty (50) percent of site sodded/grassed . . . . . 30

2. Seventy-five (75) to ninety-nine (99) percent of landscape area is

preserved or re-established Florida native vegetation., or new native plantings of species listed in Appendix A and Appendix C. Plan must include trees, understory, and groundcover with a maximum of fifty (50) percent of site sodded/grassed . . . . . 15

(2) Tree preservation credits. (a) Existing trees that have been determined to be in good health by a certified

arborist or by county environmental planning staff may be credited towards the minimum tree planting requirements of this chapter according to the following table. Fractional measurements shall be attributed to the next lowest category.

Table 3

Calculation of Tree Preservation Credits

Existing Crown Spread of Preserved Trees

or Diameter of Tree at 4.5 Feet Above Ground

= Number of Tree Credits

40 feet or more or 20 inches or more = 4 30 to 39 feet or 13 to 19 inches = 3 20 to 29 feet or 8 to 12 inches = 2 10 to 19 feet or 2 to 7 inches = 1 Less than 10 feet or less than 2 inches = 0

(b) Trees excluded from preservation credit. No credit shall be given for preserved

trees which are:



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1. Not located within the area of the property (e.g., buffer area, parking lot) for which trees are required by this chapter;

2. Required to be preserved by law, such as mangroves; 3. Not properly protected from damage during the construction process, as

provided for in Chapter 927, Tree Protection; 4. Prohibited or controlled species identified in section 926.06(3)(h); 5. Dead, dying, diseased, or infested with harmful insects; or 6. Located in recreation tracts, golf courses or similar subareas within

developments which are not intended for residential, commercial, or industrial use.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 43, 12-4-91) Section 926.08. Perimeter buffer standards. (1) A perimeter buffer is a landscaped strip along parcel boundaries that serves as a buffer between incompatible uses and zoning districts, as an attractive boundary of the parcel or use, or as both a buffer and attractive boundary. Existing native vegetation and upland native plant communities as described in Chapter 929, Upland Habitat Protection, may be utilized to meet buffer requirements. (2) The width and degree of vegetation required depends on the nature of the adjoining thoroughfares and uses. Chapter 915, Planned Development, and Chapter 911, Zoning, and Chapter 971, Specific Land Uses, of the County Land Development Code, set forth buffer type requirements for adjacent properties, based on land use and zoning districts. (3) Buffer types and opaque features. There are three (3) four (4) buffer types to be utilized in Indian River County. They are, in order of intensity, as follows: Type A buffer; Type B buffer; and Type C buffer and Type D buffer. Buffers may require opaque features, including three-foot and six-foot opaque features, where specified in the land development regulations.

(a) The following table summarizes the Type A buffer, Type B buffer, and Type C

buffer requirements. The trees and shrubs shall be spread in a staggered, off-set pattern to establish a full and opaque buffer. Buffer type options are further defined in Chapter 901, Definitions, of the County Land Development Code.



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Required Per 100 Lineal Feet

Canopy Trees

Type Width

Large (4” in

diameter at 0.5 feet above grade & 18 ft.

height)

Small (2” in

diameter at 0.5 feet above grade & 12 ft.

height) Understory

Trees Shrubs 50’ 3 3 10 75 Type A 40’ 4 4 12 70 30’ 2 2 6 55 Type B 25’ 2.5 2.5 8 55 20’ 1 3 4 40 Type C

15’ * 1 3.5 5 40 * Must be 75% native plantings.

For sites less than one hundred fifty (150) in depth, the required depth of a Type C buffer shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the road. For all sites, the required depth of a Type A or Type B buffer shall not be required to exceed twenty (20) percent of the depth of a site, measured perpendicular to the road. Where buffer depth is reduced by this provision, the applicant shall obtain planning division staff approval of a modified planting plan that generally satisfies the planting density of the respective buffer type.

Required Per 100 Lineal Feet Type Width

Canopy Trees Understory Trees Shrubs 60’ 6 3 22 50’ 8 4 24 40’ 10 5 26

Type A

30’ 12 6 30 35’ 4.8 2.4 19 30’ 5.4 2.7 22 25’ 6 3 24

Type B

20’ 6.6 3.3 28 25’ 3.5 1.4 14 20’ 4 1.6 16 15’ 4.5 1.8 18

Type C

10’ 5 2 20 (4) Required opaque features shall consist of a solid masonry wall or earthen berm unless the planning and zoning commission approves a substitute material (such as a completely opaque living landscape barrier) based upon the use and conditions of the project site and



35

adjacent site. Landscaping is required along both sides of a wall unless otherwise approved by the planning and zoning commission. (4) Opaque features. Three (3)-foot and six (6)-foot opaque features may be required within buffers, where specified in the land development regulations. (a) A required six (6)-foot opaque feature shall consist of a solid native plant buffer, a

masonry wall, an earthen berm, or a combination berm/vegetation (berm must comprise at least three (3) feet of required opaque feature; vegetation shall consist of shrubs planted in an off-set double row) unless the planning and zoning commission approves a substitute material (such as a completely opaque living landscape barrier) based upon the use and conditions of the project site and adjacent site. Landscaping is required along both sides of a wall unless otherwise approved by the planning and zoning commission. To minimize the impact upon existing tree roots in cases where a wall is to be located among existing trees, such wall shall should be a pre-cast concrete panel wall or other similar system that minimizes footer impacts to root systems. Wherever a wall is used as the opaque feature, required understory trees and shrubs shall be planted on the side of the wall facing a public street or adjacent property, whichever is applicable.

(b) A required three (3)-foot opaque feature may consist of a wall, berm, or a

continuous screen of shrubs. Shrubs planted to form this opaque feature shall be arranged in an off-set double row.

(c) Required three-foot and six-foot opaque features shall be measured from the

finished floor elevation of the proposed structure(s). This requirement may be modified by the planning and zoning commission based upon grade differences and the relationship between the height and mass of the proposed building and its setback from the property line. The maximum required height of an opaque feature shall be eight (8) feet above the finished site grade where the feature is located.

(d) In cases where an abutting use/district is separated from the project site by a

thoroughfare plan road, the height of a six (6)-foot opaque feature shall be reduced to three (3)-feet, except in cases where the buffer is to be provided around the perimeter of a single-family or multi-family residential development as required by Section 911.07(8) or 911.08(8).

(5) In cases where the abutting use/district is separated from the project site by a local road, the buffer type shall be reduced one (1) category type (e.g. Type "A" or Type "B"), but the height of the opaque feature shall remain the same. In cases where the abutting use/district is separated from the project site by a thoroughfare plan road, the buffer type shall be reduced two (2) category types (e.g. "A" to "C") but in all cases shall required at least a Type "D" buffer. (6) Required three-foot and six-foot opaque features shall be measured from the finished floor elevation of the proposed structure(s). This requirement can be modified by the



36

planning and zoning commission based upon grade differences and the relationship between the height and mass of the proposed building and its setback from the property line. The maximum required height of an opaque feature shall be eight (8) feet above the site grade where the feature is located. (7) Hedge or shrub material within buffers may be reduced by fifty (50) percent when a six-foot wall or fence is provided within the buffer, if the remaining amount of required shrub material and at least fifty (50) percent of required understory tree material are planted between the project site perimeter and the wall or fence. Alternative planting locations may be approved by the planning and zoning commission.

The standards for the buffer categories are set forth in the illustrations herein that specify the number of plants required per one hundred (100) linear feet. To determine the total number of plants required, the linear footage of each side of the property requiring a buffer shall be divided by one hundred (100) and multiplied by the number of plants shown in the illustration. The plants shall be spread in a reasonably even manner along the length of the buffer. Buffer opaque feature options are also illustrated herein and are further defined in Chapter 901, Definitions, of the County Land Development Code. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-29, § 11, 12-16-97) Section 926.09. Landscaping along roadways.

(1) Required landscaping adjacent to rights-of-way. (a) A landscape buffer shall be provided along the entire length of a site’s frontage

upon a thoroughfare plan road, local road or exclusive driveway (as defined in the traffic ordinance) Within the buffer, the following landscaping shall be provided:

Minimum Plantings Per 100 Lineal Feet

Street Minimum

Width Canopy Trees

Understory Trees

Shrubs

15 ft.

4.5 5.5 50 Thoroughfare Plan Road, Local Road

20 ft.

4 5 50

Exclusive Driveway 10 ft.

3.3 6.6 40

Project sites with a depth from a thoroughfare plan road of four hundred (400) feet or less shall have a minimum buffer depth of fifteen (15) feet. Sites with a depth over four hundred (400) feet shall have a minimum buffer depth of twenty (20) feet. The required depth of the thoroughfare plan road/local road buffer on any site shall not exceed ten (10) percent of the depth of the site, measured perpendicular to the thoroughfare plan road. In such cases where the roadway buffer depth is reduced, the required amount of plant material may also be



37

reduced on a prorated basis.

(b) A four (4)-foot high visual screen is required between any project site parking area and any adjacent roadway or exclusive driveway. This visual screen may consist of a berm with shrubs planted across the top in either an offset double row or a serpentine pattern, or a four-foot vegetative screen. The visual screen must be at least four feet high above the grade of the project site parking area and must be installed prior to the issuance of a certificate of occupancy (CO).

Shrubs shall be planted on twenty-four (24)-to-thirty (30) inch centers. Berms if used shall have a slope no steeper than three (3) horizontal to one vertical, with a four-foot plateau. Berm modifications may be necessary for tree preservation as determined by the community development director or his designee. To provide a less formal appearance, clustering trees along the buffer strip is encouraged and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style.

(c) Single-family and multi-family residential developments have special roadway

landscaping/buffering requirements that are specified in Section 913.09(3)(C)(5) and Section 911.08(8), respectively.

(1) Required landscaping adjacent to rights-of-way. A landscaping strip, at least ten (10) feet in depth shall be located adjacent to the right-of-way along the site's entire road frontage. Within the strip, landscaping shall be provided as follows: (a) Landscaping materials shall be planted in the following quantities: 1. Along local roads: One (1) canopy tree for each thirty (30) lineal feet or

fraction thereof. 2. Along collector roads: One (1) canopy tree for each twenty-five (25)

lineal feet or fraction thereof for canopy trees ten (10) feet high at time of planting or one (1) canopy tree for each thirty (30) lineal feet or fraction thereof for canopy trees twelve (12) feet high at time of planting.

3. Along arterial roads: One (1) understory tree for each twenty-five (25)

lineal feet or fraction thereof and one (1) canopy tree for each twenty-five (25) lineal feet or fraction thereof for canopy trees ten (10) feet high at time of planting or one (1) canopy tree for each thirty (30) lineal feet or fraction thereof for canopy trees twelve (12) feet high at time of planting.

Note: Trees are not required to be spaced uniformly along the landscape strip. Different, special roadway landscaping/buffering requirements apply to projects within areas, such as Wabasso, SR60, the North Barrier Island, and Roseland, which are covered by adopted corridor plans. Also, special landscape/buffering



38

requirements, as specified in subsection (h), below, apply to multi-family projects (b) All trees planted adjacent to a right-of-way, shall be planted in a planting area of

at least one hundred (100) square feet, with minimum dimensions being at least ten (10) feet in any direction.

(c) In addition, a hedge, wall, fence or other durable landscape barrier of at least three

(3) feet in height above the adjacent parking lot grade shall be maintained along the perimeter of such landscaped strip. Use of landscaped berms is encouraged to meet this requirement.

(d) If such durable barrier is of nonliving material, one shrub or vine shall be planted

at each ten (10) feet thereof abutting such barrier, but need not be spaced ten (10) feet apart.

(e) Such shrubs or vines shall be planted along the street side of such barrier unless

they are of sufficient height at the time of planting to be readily visible over the top of such barrier.

(f) The remainder of the required landscaped areas shall be landscaped with grass,

ground cover or other landscape treatment, excluding paving. (g) Necessary access ways from the public right-of-way through all such landscaping

areas shall be permitted to service the parking, and such access ways may be subtracted from the lineal dimension used to determine the number of trees required.

(h) For multi-family site plan projects, excluding planned developments (PDs) and

single duplex or single triplex projects, the following special landscape requirements shall apply:

1. Major roadways: Along collector and arterial roadways, a six-foot opaque

feature meeting the requirements of Landscape Ordinance section 926.08 and Subdivision Ordinance section 913.09(3)(c)5. shall be provided. In addition, the following landscape strip requirements shall apply:

Minimum Planting Buffer and Depth

per one hundred (100) feet of frontage *20' 4 canopy trees 5

understory trees continuous hedge, off-set double row, 3' at planting



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**15' 4.5 canopy trees 5.5 understory trees continuous hedge, off-set double row, 3' at planting

Where two-story buildings are proposed adjacent to an arterial or collector road, required canopy trees shall have an increased minimum height of twelve (12) feet at planting where trees of ten (10) feet are normally required, and an increased minimum height of fourteen (14) feet where trees of twelve (12) feet are normally required. Where three-story buildings are proposed adjacent to an arterial or collector road, required canopy trees shall have an increased minimum height of sixteen (16) feet at planting. Where walls are used, they shall be solid masonry, concrete, or other similar solid and substantial material. Canopy trees shall be installed at least seven (7) feet from the face of the wall, and understory trees shall be installed at least five (5) feet from the face of the wall and from any adjacent existing or proposed sidewalk. Required understory trees and shrubs shall be located on the side of the wall facing the arterial or collector roadway. *Project sites with a depth over four hundred (400) feet shall have a minimum buffer depth of twenty (20) feet. **Project sites with a depth of four hundred (400) feet or less shall have a minimum buffer depth of fifteen (15) feet.

2. Local roadways: Along local roadways, two (2) understory trees per thirty (30) lineal feet, in addition to the standard requirements of Landscape Ordinance section 926.09, shall be provided.

(2) Perimeter landscaping relating to abutting properties; exemption. (a) On the site of a building or structure or open lot use providing an off-street

parking area; where such areas will not be entirely screened visually by any intervening building or structure from abutting property, that portion of such area not so screened shall be provided with an off-set double row of shrubs a hedge or other durable landscape barrier maintained at not greater than six (6) feet in height nor less than four (4) three (3) feet in height to form a continuous opaque screen between the off-street parking area and such abutting property.

(b) Such landscaped barrier shall be located between the common lot line and the off-

street parking area, and shall be planted in a planting strip no less than five (5) four (4) feet in width.

(c) In addition, one tree shall be provided for each forty (40) lineal feet of such



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landscape barrier or fractional part thereof. (d) Such trees shall be located between the common lot line and the off-street parking

area. (e) Each such tree shall be planted in at least one hundred forty-four (144) one-

hundred (100) square feet of planting area with a minimum dimension of at least twelve (12) ten (10) feet.

(f) Each such planting area shall be landscaped with grass, ground cover or other

landscape material, excluding paving, in addition to the required tree. Turf grass, where planted, shall be in conformance with the provisions of 926.06 (7).

(g) The provisions of subsection 926.09(2)(a) shall not be applicable in the following

situations: 1. When a property line abuts a dedicated alley, or those portions of the

property that are opposite a building or other structure located on the abutting property.

2. Where the subject property and abutting property are zoned or used for

nonresidential uses, only the tree provision with its planting area as prescribed in this subsection shall be required.

(3) Parking area interior landscaping. For additional landscaping requirements, refer to the corridor overlay districts in Sections 911.18 through 911.22. (a) For off-street parking (driving aisles, driveways, parking spaces, loading areas),

areas equal to at least twelve (12) ten (10) percent of the total paved area (driving aisles, driveways, parking spaces, loading areas) shall be provided with interior landscaping. Please see graphic at end of this chapter illustrating how this requirement is calculated. See diagram for an illustration of how this requirement is calculated.

(b) Each separate, required landscaped area shall contain a minimum of one hundred

forty-four (144) one hundred (100) square feet with minimum dimensions of at least twelve (12) ten (10) feet in areas where a tree is planted, and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height.

1. To preserve adequate sight distance, end islands at intersection of internal

driveways shall be designed and maintained to preserve a visual "clear window" for the area between three (3) feet and seven (7) feet above the adjacent parking lot grade.



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(c) The total number of trees shall not be less than one for each three hundred (300) square feet of fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving.

(d) When, upon the request of the developer and in the opinion of the community

development director, the placing of all required interior trees would create an impractical landscape effect, a portion of the required interior trees may be placed along the perimeter of the parking area to satisfy this requirement.

(e) The area to be counted for interior landscaping requirements shall be graphically

depicted on landscape plans by cross-hatching or other graphic means. (4) Protection from vehicle eEncroachment. Landscape areas shall be protected require protection from vehicular encroachment by use of curbs, tire stops, or other types of barriers approved by the community development director. Tire stops, where used, shall be placed at least three (3) feet from the edge of such landscaped areas. Where a tire stop or curb is utilized, the paved area between the curb/tire stop and the end of the parking space may be omitted, provided it is landscaped in addition to the required landscaping otherwise required provided. Tire stops shall be located so as to prevent damage to any planting areas by automobiles. (5) Site Sight distance for landscaping adjacent to roadways and points of access. (a) All landscape plans submitted hereunder shall meet the minimum sight distance

requirements established herein, as viewed from the perspective of the driver of a vehicle leaving the project premises to access the abutting public or private roadway.

(b) Crossing maneuver. The sight distance required for the safe execution of a

crossing maneuver is dependent upon the acceleration capabilities of the vehicle, the crossing distance, and the design speed of the street or highway to be crossed. The minimum required sight distance in both directions, measured from the centerline of the roadway being entered to the initial position of the vehicle before the crossing (as shown on Figure No. 1) for various classes of vehicles shall be as stated in Tables 4 and 5, which follow. Table 4 or 5 shall be applied, as the case may be, depending upon whether a given vehicle class constitutes five (5) percent or more of the total crossing traffic, or if that class experiences thirty (30) or more crossings per day. A developer shall provide sufficient information on the nature of vehicles using the project to substantiate which class of vehicle table is being incorporated into the landscaping plan.

(c) Assumptions. The vehicle offset shall be assumed to be at least ten (10) feet from

the nearest pavement edge. The setback required for site sight distance shall be at least five (5) feet greater than the vehicle offset, as reflected in Figure No. 1.



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(d) All landscaping shall be installed and maintained in a manner which provides unobstructed visibility within the sight distance area calculated hereunder, at a level between two and one-half (2 1/2) feet and ten (10) feet above grade; provided, however, trees or palms having limbs or foliage trimmed in such a manner that no limbs or foliage extend into the visibility area shall be allowed, provided they are so located as not to create a traffic hazard. Other landscaping, except required grass or ground cover, shall not be located closer than three (3) six (6) feet from the edge of any access way pavement, unless otherwise approved by the public works director or his designee.

(e) Left-turn crossings. Sight distance for left-turn crossings shall be measured in the

same manner as provided for crossing maneuvers. On median-separated roadways, sight distance to the left may be based upon the sight distance required for a two-lane road.

(6) Landscaping near overhead electrical transmission or distribution lines. (a) When canopy trees are proposed to be planted within thirty (30) feet (horizontal

distance) of overhead electrical transmission or distribution lines (not service lines), the following shall apply:

1. A cross-section shall be provided on the landscape plan, depicting the

estimated canopy shape and size at maturity in relation to the location of the lowest electrical overhead transmission or distribution wire, and the distance from the mature tree canopy edge to the wire.

2. The distance from the estimated mature tree canopy edge to the wire shall

be at least ten (10) feet. (b) Within a horizontal distance of thirty (30) feet of an overhead electrical

transmission or distribution line (not a service line), in addition to generally prohibited exotic nuisance species, the following plant species are prohibited from being used on any landscaping plan proposed for county approval: Earleaf Acacia, Woman's Tongue Tree, Norfolk Island Pine, Bischofia, Schefflera, Ear Tree, Eucalyptus, Non-Native Ficus, Silk Oak, Chinese Tallow Tree, and Java Plum.

(7) Landscaping near utility poles, guy wires, and transformer pads. Trees, shrubs, and vines shall be planted and maintained so as to provide a clearance of at least five (5) feet around utility poles, guy wires and anchors, and transformer pads.

LANDSCAPING TABLE 4

DESIGN VEHICLES: PASSENGER CAR, SINGLE UNIT TRUCK,

SINGLE UNIT BUS



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Sight Distance

Speed (mph) Two-Lane Four-Lane 30 or less 375 650 35 425 575 40 500 650 45 550 700 50 600 750 55 675 900

TABLE 5 DESIGN VEHICLE: SEMI-TRAILER COMBINATION

INTERMEDIATE, AND LARGE

Sight Distance

Speed Two-Lane Four-Lane 30 or less 550 650 35 640 750 40 725 850 45 800 950 50 900 1050 55 975 1200

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-29, §§ 7, 9, 10, 12-16-97; Ord. No. 2005-004, § 1, 2-22-05) Section 926.10. Nonvehicular area landscaping standards. (1) General landscaping treatment. All nonvehicular open spaces, on any site proposed for development in all zoning districts, except for single-family dwellings shall conform to the minimum landscaping requirements herein provided in Section 926.06. Nonvehicular open space is ground that is not covered by buildings, paving, or other structures.

Grass, ground cover, shrubs, native plant areas and other landscaping materials shall be used to treat all ground not covered by building, paving or other structures.

(2) Canopy Ttrees required. Canopy Ttrees shall be planted in the nonvehicular open space to meet the following requirements: (a) Multiple-family residential zoning districts and mobile home residential zoning

districts requiring site plan approval: a minimum of one tree per each one thousand (1,000) two thousand (2,000) square feet of nonvehicular open space or fraction thereof;



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(b) Commercial zoning districts (except "heavy commercial") and medical districts: a

minimum of one tree per each two thousand (2,000) three thousand (3,000) square feet of nonvehicular open space or fraction thereof;

(c) Heavy commercial, and industrial zoning districts: a minimum of one tree per

each three thousand (3,000) four thousand (4,000) square feet of nonvehicular open space or fraction thereof.

(3) Canopy trees required around lakes/ponds including stormwater retention/ detention areas. For proposed lakes/ponds or lake/pond systems that are one (1) acre in area or larger, the lake/pond bank must be designed in a non-rectangular, irregular shape to provide an aesthetic amenity. Regardless of size, all lakes/pond shall have at least three native, water tolerant trees planted per one hundred (100) feet of shoreline. The trees may be clustered along the upland shoreline in a manner that facilitates access for lake maintenance. Littoral zones shall be provided as required in Section 934.05. The common areas contiguous with and above the littoral zones are subject to the non-vehicular landscaping requirements set forth in 926.10, and the landward edges of the littoral zone shall be clearly delineated by a raised lip. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-29, § 9, 12-16-97) Section 926.11. Irrigation standards. (1) Required irrigation. Underground irrigation systems shall be required for all development subject to the provisions of this chapter. New construction which does not require any supplemental landscaping or contain cultivated landscape areas shall be exempt from this provision. Irrigation plans must include a system which provides for restrictions on irrigation use as specified by the St. Johns River Water Management District. (2) Irrigation system design. All landscape plans shall contain a certification that the irrigation system shall be designed to conform to the requirements of this section and the restrictions on irrigation use as specified by the St. Johns River Water Management District. (a) Landscape demand. 1. Irrigation of existing and undisturbed vegetation shall not be required. 2. Irrigation of reestablished native vegetative communities shall be required

for a minimum of one year after initial installation. Once the landscape materials have been firmly established, the irrigation system must may be abandoned.

3. Cultivated landscape areas shall be watered with an underground irrigation

system designed to provide one hundred (100) percent coverage on a day when winds are no more than five (5) miles an hour. Cultivated landscape areas shall include all areas not described in paragraphs 1. and 2. above.



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(b) Required system features. 1. All landscape irrigation system shall be low-volume irrigation systems. 2. All underground irrigation systems shall be regulated by an automatic

timer or controller. 3. The design of systems shall include sprinkler heads and devices

appropriate for the landscape material to be irrigated. 4. Low trajectory heads or low-volume water distributing devices shall be

used to irrigate confined areas in order to prevent overspray onto impervious areas.

5. Whenever practical, irrigation systems shall be designed to place high

water demand ares, such as lawns, on separate zones from those areas with reduced water requirements.

6. Automatically controlled irrigation systems shall be operated by an

irrigation controller that is capable of irrigating high requirement areas on a different schedule from low water requirement areas, provided that separate zones exist as described in (5) above.

7. Irrigation systems shall be designed so that, to the greatest extent practical,

water being applied to impervious areas is eliminated. 8. When technically feasible, moisture sensing devices shall be installed to

regulate the frequency of controller operation. 9. All automatic landscape irrigation systems shall be installed with a rain

sensor device or rain sensor switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

(b) System design. Irrigation systems shall be designed, constructed, and permitted to

include: 1. Automatic irrigation controllers, when utilized, shall contain a functional

rain sensor device, capable of being set to one minute run times, and battery backup capability to retain programming in the event of a power failure;

2. A rain sensor placed on a stationary structure, free and clear of any

overhead obstructions and above the height of the sprinkler coverage; 3. Equipment with check valves used in low-lying areas to prevent low head



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drainage; 4. Backflow prevention methods; 5. Irrigation design with the appropriate uniformity for the type of plant

being grown and for the type of soil; 6. Irrigation system equipment installed as designed; 7. Irrigation zones divided according to: available flow rate, vegetated

groupings (i.e., turf, shrubs, native plants, etc.), sprinkler types (i.e., sprinklers with matching precipitation rates), and soil characteristics;

8. Spray heads and rotors not mixed in same zone; 9. Distribution equipment in a given zone having matched precipitation rates; 10. Application rates that avoid runoff and permit uniform water infiltration

into the soil, considering land slope, soil hydraulic properties, vegetative ground cover, and prevailing winds;

11. A minimum separation of four inches between distribution equipment and

pavement; 12. A minimum separation of 12 inches between distribution equipment and

buildings and other vertical structures; 13. No direct spray onto walkways, buildings, roadways, and drives; 14. Lawn spray patterns providing head to head coverage; 15. Water conveyance systems with a flow velocity of five feet per second or

less; 16. Pipelines designed to provide the system with the appropriate pressure

required for maximum irrigation uniformity; 17. Pressure regulating heads; and 18. A maintenance checklist provided to the property owner by the irrigation

contractor accompanied by a recommended maintenance schedule, proper irrigation system settings according to season, recommendations for checking rain sensor device, filter cleaning recommendations and information on the current water restrictions.

(c) System Layout and Native Vegetation Retention. Irrigation systems shall comply



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with the following requirements: 1. A high volume irrigation area shall not exceed 50 percent of the

landscaped area. Low or medium volume irrigation areas may be utilized in lieu of any high volume irrigation area.

2. A medium volume irrigation area shall not exceed 25 percent of the

landscaped area. However, the landscaped area may contain up to 75 percent medium volume irrigation area, if no high volume irrigation area is utilized on site.

3. A low volume irrigation area may be utilized for an entire landscaped area

with the exception of native vegetation areas regulated by Section 926.11(2)(b)(4).

4. In the alternative to Section 926.11(2)(b)(1 through 3) above, if 25 percent

of the pre-existing native vegetation is retained on site, the remaining 75 percent of the landscaped area may be a high volume irrigation area. For all pre-existing native vegetation retained on a parcel:

a. No supplemental water shall be applied to the native vegetation

area; b. Only hand pruning of native vegetation is allowed; c. Mechanical mowing or clearing is prohibited. (d) System operation flows. Systems shall dispense no more than: 1. One inch of water per week for high volume irrigation areas; 2. One-half inch of water per week for medium volume irrigation areas; 3. One-quarter inch of water per week for low volume irrigation areas. (e) Irrigation system operation and maintenance. Systems shall be operated and

maintained according to the Green Industries Best Management Practices for Protection of Water Resources in Florida (DEP 2002) or (for homeowners) the Florida Yards and Neighborhood program.

1. Irrigation systems shall be operated properly and in compliance with this

section. 2. All automatic controllers shall be programmed to the appropriate level of

water conservation set forth in this section.



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3. Irrigation systems shall be maintained to meet the requirements of this section.

(f c) Sources of irrigation water. Effluent reuse. 1. Reclaimed or other non-potable water source shall be used in accordance

with the requirements for Section 918.04(3) In order to supplement the retention system, property owners may utilize wells when the county system cannot meet their needs. When the water supply for the irrigation system is from a well, a constant pressure flow control device or pressure tank with adequate capacity shall be required to minimize pump cycling.

2 1. All new landscape irrigation systems shall be required and all existing

irrigation systems shall be encouraged to connect to wastewater effluent lines when determined to be available. The reuse of wastewater effluent in such cases shall be required.

3 2. All new landscape irrigation systems shall be designed for ultimate

connection to proposed wastewater effluent lines. 4. Developments with wet retention/detention areas are required to use this

water to meet project irrigation needs or justify why this water cannot be used as an irrigation source.

(3) Conformance. (a) Prior to or at the time a site inspection is requested for a certificate of occupancy

or a certificate of completion, whichever is applicable, the irrigation installer shall submit to planning division staff a written certification that all irrigation requirements of this section have been satisfied and that the system is set to operate in conformance with this section and the restrictions on irrigation use as specified by the St. Johns River Water Management District.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 21, 9-29-92) Section 926.12. Installation and maintenance standards. (1) Installation. (a) All landscaping shall be installed in a sound workmanlike manner and according

to accepted good planting procedures, with the quality of plant materials as herein described. Prior to or at the time a certificate of occupancy inspection is requested of code enforcement staff, the project landscape architect or landscape contractor shall certify in writing the date he or she last inspected the landscape installation and that all installed landscape material that is required by ordinance is Florida No. 1 or better.



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All elements of landscaping, exclusive of plant material, shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment. A code enforcement official shall inspect all landscaping, and no final certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements provided herein.

(b) Bonding to guarantee installation. Required landscape materials can be bonded-out for future installation in the event of a board of county commissioners recognized disaster (e.g. freeze or hurricane) that adversely affects availability of landscape materials. At the time that it recognizes such a disaster, the board shall set a time frame by which required landscaping must be installed.

In addition to bonding-out after such disasters, the planning and zoning commission is authorized to approve bonding-out for installation of required landscape materials where such installation needs to be delayed in coordination with adjacent road construction that would disrupt adjacent landscape areas. To bond-out for future (post C.O.), installation, a cash bond must be posted with the county in the amount of one hundred fifteen (115) percent of the contract installation price.

(2) Maintenance. (a) The owner, or his agent, shall maintain all landscaping depicted on the approved

plan in good condition, so as to present a healthy, neat and orderly appearance, free from refuse and debris, and in a manner quantity and variety required by this article, for the duration of use of the site. All landscaped areas shall be provided with an adequate irrigation system, as provided for in section 926.11. Completed project sites shall be reviewed periodically by code enforcement officials for compliance with these provisions, and any violations shall be presented to the code enforcement board.

(b) Native plant areas used for landscaping purposes may be left in their natural

condition, providing they are maintained so as not to create a health or safety hazard. These areas may also be excluded from the water supply requirements, providing they are in a healthy condition upon issuance of a final certificate of occupancy. Consistent with section 929.08, all approved sites and "native plant areas" shall be required to maintain the site free of any nuisance exotic plant species, as listed in Appendix B.

(c) Mature trees shall not be pruned to reduce the canopy to less than the minimum

fifteen-foot spread, except for the removal of dead or diseased wood. (d) Pruning techniques that are unhealthy or produce an unnatural appearance to a



50

tree or native palm are prohibited. Such techniques include topping, over-lifting, hat-racking, and lolly-popping, and excessive removal of green fronds and inflorescences, among others.

(3) Replacement of required landscaping. Required landscaping that has died or has been removed shall be replaced by material which is equivalent to the size that the material should have attained from the time of project C.O. (certificate of occupancy), as follows:

• From zero (0) to eighteen (18) months after project C.O., landscape materials may be replaced at the sizes must be replaced at a size no smaller than indicated on the approved site plan. • More than eighteen (18) months after project C.O., replacement shrubs shall be a minimum of thirty (30) inches in height, replacement canopy trees shall be a minimum of sixteen (16) feet in height and three (3) inches in diameter at 0.5 feet above grade, and replacement understory trees shall be a minimum of seven (7) feet tall with a one and one-half (1 1/2) inch diameter at 0.5 feet above grade.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-29, § 8, 12-16-97; Ord. No. 2001-031, § 1, 10-23-01) Section 926.13. Upland habitat protection regulations referenced.

Chapter 929, Upland Habitat Protection, of the County Land Development Code sets forth criteria to conserve native upland plant communities occurring on a development site. Such provisions apply in addition to or overlap the requirements of this chapter, as specifically provided for in Chapter 929. (Ord. No. 90-16, § 1, 9-11-90) Section 926.14. Tree protection regulations referenced.

Chapter 927, Tree Protection, of the County Land Development Code sets forth criteria regulating land clearing and tree removal activities, in addition to the provisions of this chapter. (Ord. No. 90-16, § 1, 9-11-90) Section 926.15. Single-family lot development canopy tree requirements. (1) Two (2) canopy trees, as defined in Chapter 901, shall be planted or preserved on single-family lots in conjunction with lot development. Said trees are required to be planted or preserved prior to county issuance of a certificate of occupancy for the residence. This requirement of two (2) canopy trees shall not apply to any single-family lot where an initial building permit application for home construction was submitted prior to March 14, 2005 (the effective date of this ordinance). Planted canopy trees shall be of a size, quality and type as specified in section 926.06 of this chapter. The owner of the lot shall be required to maintain the canopy trees in viable condition. (2) The following trees are approved for use to meet the single-family lot canopy tree



51

requirement of this section. Other canopy tree species may be used subject to county staff approval.

Live oak (Quercus virginiana) Laurel oak (Quercus hemisphaerica) Diamond-leaf oak (Quercus laurifolia) Red maple (Acer rubrum) Dahoon holly (Ilex cassine) East Palatka holly (Ilex x attenuata ‘East Palatka’) American holly (Ilex opaca) Southern magnolia (Magnolia grandiflora) Sweet Bay Magnolia (Magnolia virginiana) Southern Red Cedar (Juniperus silicicola) Persimmon (Diosypros virginiana) Red Bay (Persea borbonia) Swamp Bay (Persea palustris) Loblolly-Bay (Franklinia lasianthus) Florida Elm (Ulmus Americana var. floridana) Sugarberry, Hackberry (Celtis laevigata) Sweet gum (Liquidambar styraciflua) Sycamore (Platanus occidentalis) Seagrape (Coccoloba uvifera) Red mulberry (Morus rubra) Slash pine (Pinus elliottii) Bald Cypress (Taxodium distichum)



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(Ord. No. 2004-041, § 3, 12-7-04) Appendix A: Native Plants Listed below are plant species native to Indian River County. While not required, the use of these species is encouraged on all landscape plans. A common definition of native plants is species indigenous to the land before European settlers arrived. A practical definition is a plant that occurs naturally in this area, with no assistance from any humans, and one that has established an interrelationship with the other organisms of the area in which it grows. Sources for Florida native plants currently available for landscaping are easily found on http://www.afnn.org. (See Appendix B for definition of “exotic”.) Plants qualifying as native species that grow in this county include but are not limited to the following: (1) Native trees and shrubs for dunes or coastal hammock region. For purposes of this section, the coastal hammock region is the land located east of US Highway 1. (a) Native trees: 1. Semi salt-tolerant, suitable for barrier island: Live oak (Quercus virginiana) Red bay (Persea borbonia) Seagrape (Coccoloba uvifera) Cabbage palm (Sabal palmetto) Gumbo limbo (Bursera simaruba) Hercules club (Xanthoxylum clava-herculis) Buttonwood, green or silver (Conocarpus erectus) Black mangrove (Avicennia germinans) White mangrove (Laguncularia racemosa) Red mangrove (Rhizophora mangle) White stopper (Eugenia axillaris) Spanish stopper (E. foetida) 2. Suitable for hammocks or sandy areas not on barrier island: Slash pine (Pinus elliottii var densa) Live oak (Quercus virginiana) Scrub/Sand live oak (Quercus geminata) Sand pine (Pinus clausa) Chapman oak (Quercus chapmanii) Runner oak (Quercus minima) Myrtle oak (Quercus myrtifolia) Wax myrtle, Bayberry (Myrica cerifera) Scrub hickory (Carya floridana) Bluejack oak (Quercus incana)

(b) Native Palms: all considered salt-tolerant and cold hardy. Varied characteristics:

clumping, shrub, understory or tree height.



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Cabbage palm (Sabal palmetto) Paurotis palm (Acoelorraphe wrightii) Saw palmetto, green or silver varieties (Serenoa repens) (c) Native Shrubs: 1. Semi salt-tolerant, suitable for barrier island: Florida privet (Forestiera segregata) Simpsons stopper (Myricanthes fragrans) Marlberry (Ardisia escallonioides) Myrsine (Rapanea punctata) White indigo berry (Randia aculeata) Necklacepod (Sophora tomentosa) Simpsons stopper or Twinberry (Myricanthes fragrans) Fiddlewood (Citharexylum fruticosum) Wild coffee, shiny leaved (Psychotria nervosa) Cocoplum (Chrysobalanus icaco) Jamaican caper (Capparis cynophallophora) Snowberry (Chiococca alba) Saw palmetto (Serenoa repens) 2. Non salt-tolerant. Suitable for hammocks or sandy areas not on barrier

island. Firebush (Hamelia patens) Beautyberry (Callicarpa americana) Swamp hibiscus (Hibiscus grandiflorus) Rusty lyonia (Lyonia ferruginea) Wild coffee, soft leaved (Pyschotria sulzneri) Walter’s viburnum (Viburnum obovatum) Tallowwood (Ximenia americana)

(2) Native trees and shrubs for inland pine flatwoods or hammocks. For purposes of this section, inland area is land located west of US Highway 1. (a) Native Trees. 1. Prefer low-lying areas: Loblolly bay (Gordonia lasianthus) Swamp red bay (Persea palustris) Bald cypress (Taxodium distichum) Sweet gum (Liquidambar styraciflua) Sweet bay magnolia (Magnolia virginiana) Red maple (Acer rubrum) Dahoon holly (Ilex cassine) Diamond leaf oak (quercus laurifolia)



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2. Prefer upland areas: Sugarberry, Hackberry (Celtis laevigata) Florida elm (Ulmus Americana) Live oak (Quercus virginiana) Laurel oak (Quercus hemisphaerica) Cabbage palm (Sabal palmetto) Slash pine (Pinue elliottii var densa) Longleaf pine (Pinus palustris) Persimmon (Diosypros virginica) Southern magnolia (Magnolia grandiflora) Southern red cedar (Juniperus silicicola) Sumac, winged or shiny (Rhus copallina) East Palatka holly (Ilex attenuata ‘East Palatka) Wax myrtle, Bayberry (Myrica cerifera)

(b) Native Shrubs.

1. Prefer low-lying areas: Carolina willow (Salix caroliniana) Virginia willow (Itea virginica) Shiny lyonia, fetterbush (Lyonia lucida) Florida anise (Illicium floridanum) Gallberry (Ilex glabra) 2. Prefer upland areas: Florida privet (Forestiera segregata) Rusty lyonia (Lyonia ferruginea) Beautyberry (Callicarpa Americana) Gallberry (Ilex glabra) Walters viburnum (Viburnum obovatum) Cocoplum (Chrysobalanus icaco) Coontie (Zamia floridana) Coralbean (Erythrina herbacea) Firebush (Hamelia patens) Golden dewdrop (Duranta repens) Scarlet Hibiscus (Hibiscus coccineus) Marlberry (Ardisia escallonioides) Necklacepod (Sophora tomentosa) Yucca (Yucca aloifolia) Snowberry (Chiococca alba) Simpsons stopper or Twinberry (Myricanthes fragrans) Saw palmetto (Serenoa repens)

(3) Native ground covers and flowers. (a) Semi salt-tolerant suitable for barrier island:



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Beach sunflower (Helianthus debilis) Blanket flower (Gaillardia pulchella) Prickly pear cactus (Opuntia humifusa) Sand cordgrass (Spartina bakerii) Saltmarsh cordgrass (Spartina patens) Railroad vine (Ipomoea pes-caprae) Sea oats (Uniola paniculata) Sea Ox-eye Daisy (Borrichia frutescens) Horsemint (Monarda punctata) (b) Suitable for hammocks or sandy areas not on barrier island: Gopher apple (Licania michauxii) White lantana (Lantana involucrata) Sunshine mimosa (Mimosa strigulosa) Pink muhly grass (Muhlenbergia capillaris) Blue porterweed (Stachytarpheta jamaicensis) Southern shield fern (Thelypteris kunthii) Blechnum fern (Blechnum serrulatum) Red sage (Salvia coccinea) Sword fern (Nephrolepis exaltata)

(4) Native climbing vines suitable for fences: Coral or southern honeysuckle (Lonicera sempervirens) Maypop (Passiflora incarnata) Native grape (Vitis spp.) Virginia creeper (Parthenocissus quinquefolia) Morning Glory (Ipomoea spp.) Climbing Aster Symphyotrichum carolinianum Carolina Yellow Jessamine Gelsemium sempervirens

Appendix B: Exotic, Invasive Plants

Exotic plants are not native to Florida, defined as those introduced, either purposefully or accidentally. Some exotic plants can expand on their own, thereby out-competing, displacing, and disrupting naturally occurring native plant communities. Invasive exotic plants listed on the Florida Exotic Pest Plant Council’s “Category I List of Invasive Species” are prohibited. The updated list may be viewed at:

http://www.fleppc.org/list/list.htm Appendix C: Preferred Grasses.

Preferred grasses are those native to South Florida Flatwoods as listed by the Soil Conservation Service of the United States Department of Agriculture. Preferred grasses require little or no fertilizer, irrigation or mowing, to achieve ornamental effect. If the grasses listed below are not available, bahia may be used.



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Chalky bluestem (Andropogon capillipes) Creeping bluestem (Schizachyrium stoloniferum) Lopsided Indiangrass (Sorghastrum secundum) South Florida bluestem (Schizachyrium rhizomatum) Low panicum (Panicum spp.) Pineland threeawn (Aristida stricta) Seashore Paspalum

Appendix D: Definitions of soils for use in landscape construction.

(1) Myakka soil: The soil type adopted (May 22, 1989) as the state soil. Its composition is as follows: Surface layer: gray fine sand Subsurface layer: light gray fine sand Subsoil: dark reddish brown fine sand with organic stains Substratum: brown and yellowish brown fine sand Source: US Department of Agriculture Natural Resources Conservation Society.

(2) Criteria for hydric soils: all Histosols except Folists; soils that are frequently ponded for long duration, or very long duration during the growing season; or soils that are frequently flooded for long duration or very long duration during the growing season. Source: USDA Natural Resources Conservation Service, Hydric Soils,

Criteria/NRCS Soils

(3) Examples of hydric soils in Indian River County: Terra Ceia muck Canova muck Gator muck McKee mucky clay loam Manatee mucky loamy fine sand, depressional Floridana mucky fine sand depressional Samsula muck Delray muck Kesson Muck Source: Florida Portion of the National Hydric Soil List, August 11, 2005. Appendix E: Littoral Species. (1) Native species suitable for littoral shelf plantings. (a) Transitional zone (planting depth: 0 to 1 ft. above the ordinary water line):



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1. Trees and shrubs: Buttonbush (Cephalanthus occidentalis) Cypress (Taxodium spp.) Cocoplum (Chrysobalanus icaco) Dahoon holly (ilex cassine) Firebush (Hamela patens) Laurel oak (quercus laurifolia) Leather fern (Acrostichum danaeifolium) Pond-apple (Annona glabra) Redbay (Persea borbonia) Red maple (Acer rubrum) Swamp fern (Blechum serrulatum) Sweet bay magnolia (Magnolia virginiana) Wax myrtle (Myrica cerifera) Wild coffee (Psychotria nervosa) 2. Wetland plants: Blue flag iris (Iris virginicus) Lizard’s tail (Saururus cernuus) Muhly grass (Muhlenbergia capillaris) Sand cordgrass (Spartina bakeri) Short spike rush (Eleocharis geniculata) Soft rush (Juncus effusus) St. John’s wort (Hypericum fasiculata) (b) Shallow zone (planting depth: 0 to 1 ft. below the ordinary water line): Arrow-arum (Peltandra virginica), likes shade Blue flag iris (Iris virginicus) Coastal arrowhead (Sagittaria graminea) Common arrowhead (Sagittaria latifolia) Duck potato (Sagittaria lancifolia) Fire flag (Thalia geniculata) Floating hearts (Nymphoides aquatica) Golden canna (Canna laccida) Lizard’s tail (Saururus cernuus) Pickerelweed (Pontedaria cordata) Soft rush (Juncus effusus) Soft-stem bulrush (Scirpus validus) Swamp lily (Crinum americanum) (c) Mid-range zone (planting depth: 1 to 2 ft. below the ordinary water line): Bulrush (Scirpus spp.) Pickerelweed (Pontedaria cordata) Soft-stem bulrush (Scirpus validus)



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Spike rush (Eleocharis interstincta, Eleocharis cellulosa) (d) Deep zone (planting depth: 2 to 3 ft. below the ordinary water line): Fragrant water lily (Nymphaea odoata) Spatterdock (Nuphar luteum) (2) Exotic-invasive and undersirable-invasive plant species (Prohibited from littoral

zone plantings): Alligator weed (Alternanthera philoxeroides) Cattails (Typha spp.) Common reed (Phragmites australis) Elephant grass (Pennisetum purpurea) Elephant, wild taro (Colocasia esculenta) Hydrilla (Hydrilla verticillata) Maidencane (Panicum hemitomon) Primrose willow (Ludwigia peruviana) Torpedograss (Panica repens) Water hyacinth (Eichhornia spp.) Water lettuce (Pistia stratiotes) Willow (Salix spp.) INSERT EXHIBIT “A” GRAPHICS AT END OF CHAPTER 926; DELETE ALL OTHER GRAPHICS IN CHAPTER 926 Section 930.07(1)(m), stormwater maintenance areas, is hereby amended to read as follows: (m) (1) All stormwater facilities shall be established in dedicated stormwater

management tracts, easements, or specified common areas. The plat and any homeowners' association documents, property owners' association documents, condominium documents, deed restrictions, or other legally binding instruments shall describe the location of such areas, specifically define the mechanism for preservation and maintenance of any private drainage systems, and shall appoint an entity responsible for perpetual maintenance and preservation.

(2) All wet detention stormwater management tracts (not including swales)

greater than one-half (0.5) acre at control elevation, shall include a maintenance area free of obstructions except as otherwise provided below. The maintenance area shall have a slope not steeper than eight-foot horizontal to one-foot vertical (8:1) and shall be a minimum of fifteen (15) feet wide, completely around and outside the area submerged by the twenty-five-year, twenty-four-hour design stormwater elevation. Within



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residential developments, the maintenance area shall be located entirely within the stormwater management tract and shall not be part of any lot. If proposed lots or tracts are to be under separate ownership, then the maintenance area shall be connected to an ingress-egress or other appropriate easement, or public right-of-way, having a minimum width of fifteen (15) feet. Open channels and swales in single-family residential developments shall be located within easements that are a minimum of fifteen (15) feet wide for access and maintenance.

(3) The requirement of a maintenance easement area and the prohibition of

obstructions in subsection (m)(2) may be waived in part or in whole by the public works director based on site and design characteristics, which may include the following:

1. The ability to maneuver and operate maintenance equipment as

necessary, 2. Preservation of existing trees and native vegetation, and 3. Proposed landscaping improvements. Generally, landscaping

within the maintenance area must be designed using groups of plantings not exceeding fifty (50) feet in length with a minimum separation of one hundred (100) feet between planting groups. Between such groupings a ten-foot wide access path shall be maintained. The county shall not be responsible for restoration of any damage to the landscaping that may occur in the event the county performs maintenance within the maintenance area.

(4) The design of retention or detention facilities within a single-family

residential development shall meet slope requirements of the county and any other agency that may employ such criteria. Such retention or detention facilities designed to impound more than two (2) feet of water shall be graded to slopes no steeper than four-foot horizontal to one-foot vertical (4:1) to a minimum depth of two (2) feet below the control elevation, or a properly designed retaining wall shall be used. Drainage systems that will not impound more than two (2) feet of water shall not exceed slopes of three-foot horizontal to one-foot vertical (3:1) unless otherwise approved by the county or provided for under specific design criteria by other sections of the land development regulations.

(5) Drainage systems, in all developments other than single-family residential

developments, shall maintain maximum slopes of two (2) horizontal to one (1) vertical for swales less than or equal to two (2) feet deep and three (3) horizontal to one (1) vertical for all swales more than two (2) feet deep.



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(6) Dry retention slopes and wet retention slopes above the design normal or control water elevation shall be grassed or otherwise stabilized. Retention or detention ponds with any area having more than two (2) feet of water at design storm or permanent pool with the exception of ponds, or lakes, in golf courses, public parks or in developments in which the pond, or lake is designed to serve as an aesthetic amenity to the development, shall be fenced with a minimum four-foot high fence as determined by the public works director.

(7) Maintenance areas shall not be required along shorelines adjacent to

littoral zones, provided that maintenance access is not inhibited to the remainder of the stormwater management tract. Such access may be provided by means of an easement around the littoral zone, an ingress-egress easement of a minimum width of fifteen (15) feet, a turn-around area within the maintenance area, or as otherwise approved by the public works director or his designee.

Section 934.05, water management standards, is hereby amended to read as follows:

On project sites exceeding ten (10) acres in area, A any excavation or mining activity in the unincorporated county which results in the creation or expansion of a waterbody (as defined in Chapter 901) greater than one-half (1/2) acre in size shall be subject to the following standards, except as specifically exempted in Section 934.04 of this chapter. The littoral zone provisions of this section shall not apply to created or expanded waterbodies of any size in cases where the St. Johns River Water Management District has permitting jurisdiction and does not require littoral zone(s) due to permanent pool volume design or other design parameters. The requirements of this section shall not apply to small lot single-family subdivisions, which, as designated in Section 971.41(9), are expressly to provide workforce or affordable housing.

(1) A littoral zone(s) shall be established as part of the created waterbody. A design and management plan must be submitted which shall: (a) Include a topographic map of the proposed littoral zone(s) showing the control

elevation contour and the minus two-and-one-half-foot control water elevation contour, and include a cross-sectional view of the littoral zone(s) planting design, showing the required slopes from the top of the bank to a depth of two and one-half (2 1/2) feet below the control water elevation;

(b) Specify how vegetation is to be established, including the extent, method, type

and timing of any planting provided; (c) Provide a description of any water management procedures to be followed in

order to ensure the continued viability and health of the littoral zones; (d) Include a plan view which documents the location and extent of the littoral zones,



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including the percentage of the waterbody surface area (at control elevation) covered by vegetated littoral zones.

(2) The established littoral zone(s) shall consist of native vegetation, and shall be maintained permanently as part of the waterbody. All landscaping, littoral zone revegetation plans and lake management plans shall comply with St. John River Water Management District rules. (3) Littoral zone design requirements: (a) The slope for the planted littoral zone shall be no steeper than one (1) foot vertical

to ten (10) feet horizontal to a distance of five (5) feet waterward of the designated planted littoral zone area. Excluding the planted littoral zones, slopes shall not exceed one (1) foot vertical to four (4) feet horizontal. Certified drawings of the littoral zone slopes must be sent to the planning division within thirty (30) days of slope construction.

(b) Littoral zones must be at least thirty (30) percent of the waterbody surface area, or

twenty-one (21) square feet per lineal foot of shoreline, whichever is less. Littoral zones must be located between one (1) foot above ordinary water level (OWL) and two (2) feet below OWL, as determined by the applicant’s engineer or designee unless otherwise approved by the community development director or his designee.

(c) The littoral zone must be provided with a minimum of six (6) inches of sand

topsoil mix unless otherwise approved, and planted with at least five (5) species at an average spacing of two (2) feet on center. Inter-plant spacing will vary with species, and must be depicted on the littoral zone vegetation plan.

(d) A minimum of one tree shall be provided for every five hundred (500) square feet

of littoral zone coverage. The proposed trees must be a minimum of five (5) feet in height at time of planting (measured at planting depth) and consist of native, freshwater wetland varieties (e.g. red bay, red maple, bald cypress, loblolly bay).

(e) Appropriate species for littoral zone plantings, including trees, are listed in

Chapter 926, Appendix E. (4) Conformance: (a) The planted littoral zone must meet an eighty (80) percent coverage within six (6)

months, and be less than five (5) percent exotic or invasive non-native plant species after the first year. Monitoring reports are required, and must be submitted to Staff at time zero (0), ninety (90) days, six (6) months, and one (1) year after planting. The applicant must notify the planning division forty-eight (48) hours prior to completion of littoral zone planting.



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(b) Littoral planting zones are to be identified graphically and in writing on a restrictive covenant in a form acceptable to the county attorney. The plat, if applicable, must reference the restrictive covenant. The exact language as seen in the Littoral Zone Restrictive Covenant must be followed. The restrictive covenant and plat, if applicable, must be reviewed by the planning division prior to recording. A copy of the recorded restrictive covenant must be provided to Staff prior to approval of the land development permit.

(c) Planting of the littoral zones must be completed prior to issuance of a certificate

of completion or the first certification of occupancy for any lot adjacent to or abutting the lake, whichever occurs first.

(d) All excavations must comply with “Best Management Practices for the

Construction Industry.” (f) Planted littoral zones must be maintained in perpetuity in compliance with these

planting requirements, and with “Best Management Practices.” (3) Within extended littoral zone shelves (at the landward base of the littoral zone

side slopes), the applicant is required to provide a minimum of one tree for every five hundred (500) square feet of littoral zone coverage. The proposed trees must be a minimum of five (5) feet in height at time of planting (measured at planting depth) size consistent with Florida Division of Forestry seedlings (ten (10) inches tall at planting depth) and consist of native, freshwater wetland varieties (e.g. red bay, red maple, bald cypress, loblolly bay).

(4) The slopes of the waterbody areas from top of bank to the littoral zone area shall

not exceed one foot vertical to three (3) feet horizontal. Littoral zones and extended littoral zone shelves shall be located within an area bounded by a landward limit of one foot above the control water elevation and a waterward limit of two and one-half (2 1/2) feet to four (4) feet below the control water elevation. At least thirty (30) percent of the waterbody surface area, or twenty-one (21) square feet per lineal foot of shoreline, whichever is less, shall consist of a littoral zone. The thirty (30) percent is calculated based on the ratio of vegetated littoral zone to surface area of the waterbody at the control elevation. Within the planted littoral zone(s) area(s), the littoral zone slope shall not be steeper than an average slope of one foot vertical to six (6) feet horizontal, and the littoral zone need not be established in a continuous band around the waterbody. Although no minimum slope below the littoral zone is required, the slope below the littoral zone shall be constructed so that natural soil movement will not reduce the littoral zone area.

(5) There will be no significant adverse off-site impact on groundwater quality or groundwater levels. In the event of dewatering associated with excavations (including mining), the applicant shall present evidence that no salt-water intrusion and/or reduction in quality or quantity of well water available to properties within one-fourth (1/4) mile of the permitted



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activity will occur. (6) The water management system, including swales and interconnected wetlands and lakes, must be specifically designed to inhibit siltation and eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, specifying the method for monitoring the system and corrective actions should eutrophication and/or siltation occur. (7) A fifteen-foot-wide access maintenance easement shall be provided for every one thousand (1,000) feet of shoreline. This easement shall extend from below control elevation of the lake to a public or private road right-of-way. (8) The littoral zone will be considered as fully creditable towards the 2:1 mitigation ratio for freshwater emergent wetlands; (ref. Chapter 928, Wetland and Deepwater Habitat Protection). SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE. This Ordinance shall take effect on March 31, 2007. In addition, all preliminary plat applications and site plan applications filed prior to March 31, 2007 and not approved by June 29, 2007 (90 days from the effective date) shall be subject to this Ordinance.

Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _____ day of _____________, 2007.

This ordinance was advertised in the Press-Journal on the day of ___________, 2007, for a public hearing to be held on the ________ day of ______________, 2007, at which



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time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote:

Chairman Gary C. Wheeler __________ Vice Chairman Sandra L. Bowden __________ Commissioner Joseph E. Flescher __________ Commissioner Wesley S. Davis __________

Commissioner Peter D. O’Bryan __________

BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY

BY: _______________________________

Gary C. Wheeler, Chairman

ATTEST BY: _______________________ Jeffrey K. Barton, Clerk

This ordinance was filed with the Department of State on the following date: ________________, and is to take effect on APPROVED AS TO FORM AND LEGAL SUFFICIENCY ____________________________________ William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS _____________________________________ Robert M. Keating, AICP; Community Development Director

2007- 901, 911, 913, 926, 930, & 934 landscaping · 2007. 3. 21. · ordinance 2007-_____...

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