revised landscape regulations - st. … regs 3-7-02.pdf · revised landscape regulations ......

City of St. PetersburgDevelopment Services

REVISED LANDSCAPEREGULATIONS

These sections deleted from existing City Code:

C Article IX of Chapter 16, relating to landscaping of vehicular use areasC Article XIII of Chapter 16, relating to tree protection and vegetative maintenance

standardsC Section 29-206, relating to green yard landscaping requirements for yards abutting

public streetsC Section 29-208, relating to environmental preservation areas.

Regulations are outlined below, then followed by the entire Chapter 16, Article XV,Landscaping, Irrigation, Vegetation Maintenance, and Tree and MangroveProtection section of the St. Petersburg City Code.

Division 1 Generally1062 Purpose1063 Definitions

Division 2 Landscaping, irrigation and vegetation maintenance requirements1064 Required landscaping

a. Development and redevelopment1. Landscape permit required

1. Landscape plan2. Irrigation plan

2. Installation of landscape materials3. Green yard abutting rights of way landscape 4. Interior green yard and perimeter landscaping5. Foundation landscaping6. Vehicular use landscaping/screening requirements

(1) Perimeter parking landscaping(2) Interior parking lot landscaping

(1) Required square footage of landscape area(2) Terminal islands(3) Interior islands(4) Divider medians

C. Screening abutting residential usesD. Wheel stops and curbs required to protect parking lot

landscaping7. Landscaping adjacent to fences, walls or dumpster enclosures

CITY OF ST. PETERSBURG REVISED LANDSCAPE REGULATIONS

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8. Landscaping adjacent to mechanical equipment on site9. Other redevelopment10. Existing trees protected

A. Specimen treesB. Existing treesC. Construction barriers

b. New single family and duplex properties1. Shade tree required2. Shrubs required3. Existing vegetation4. Irrigation system required5. Required yards to be permeable

(c) Existing single family and duplex propertiesa. Irrigation

(4) Additional requirements for new and existing single family and duplexproperties(1) Green yard landscaping requirements for yards abutting public streets(2) Ground cover

1065 Utility easements

1066 Reserved

1067 Landscape specificationsa. Shade treesb. Understory treesc. Shrubsd. Foundation plantingse. Native vegetationf. Exempt treesg. Prohibited trees

1068 Variancesa. PODb. EDCc. Existing native vegetation on sites with work being done

1069 Irrigation(1) System requirements(2) Maintenance

Division 3 Maintenance of Vegetation for all properties within the City1070 Maintenance of vegetation

1. Owners responsible2. Condition of vegetation3. Tree maintenance


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4. Turf, ground cover maintenance5. Hazardous vegetation6. Adjacent to sidewalks7. Tree branches8. Disposal of clippings9. Violations10. Grade of right of way11. Replace required vegetation

1071 Clearance of lots in preservation areas

Division 4 Lot Clearing1072 Notice of prohibited conditions1073 Appeals1074 Authority of city to remedy1075 Assessment and lien for costs1076 Action to Abate

Division 5 Tree and Mangrove Protection1077 Mangroves generally1078 Tree removal permits1079 Factors to evaluate tree removal applications1080 Replacement trees1081 Penalties1082 Application to tree removal companies

Division 6 Preservation Areas1083 Preservation areas

New regulations are as follows:

ARTICLE XV LANDSCAPING, IRRIGATION, VEGETATION MAINTENANCE,

AND TREE AND MANGROVE PROTECTION

Division 1. Generally.

Sec. 16-1062. Purpose.

The purpose of this article is to improve the appearance, environment, character and value ofthe total urban area within the City of St. Petersburg by protecting, promoting and maintaininga healthy, diverse and mature canopy of native and naturalized hardwood and evergreen tree


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species and by requiring vegetation and the installation and maintenance of vegetation onprivate property in a manner which conserves water. Implementation of these requirementsreduces water consumption, reduces stormwater runoff, reduces impervious surface area,increases the urban canopy, and enhances the aesthetic appearance and value of the City,thereby promoting the public health and general welfare.

Water conservation shall be achieved by the selection of appropriate plant materials, theremoval of nuisance and invasive vegetation, the use of water efficient landscaping andirrigation systems, and appropriate maintenance. This Article establishes regulationsapplicable to the development and redevelopment of property and the maintenance of existingvegetation.

Sec. 16-1063. Definitions.

The following words, terms and phrases, when used in this article, shall have the meaningsascribed to them in this section, except where the context clearly indicates a different meaning:

Annual beds means any landscaped area where the majority of the plants are replaced yearlyor more frequently.

Automatic irrigation system means a mechanical or electronic timer, capable of operatingvalve stations to set the days, starting time and length of time of a water application.

Caliper means the measurement of a tree’s diameter pursuant to accepted nursery standards

Canopy means the leafy portion of a tree.

Coastal High Hazard Area means as defined in Coastal Management Element of theComprehensive Plan.

Comprehensive Plan means as defined in Chapter 29.

Countywide Planning Authority (CPA) means as defined in Chapter 29.

Development means the construction of a new building, any required parking area, or any newparking area.

Diameter at breast height (dbh) means the diameter in inches of a tree, measured at 4-1/2 feetabove the existing grade.

Drip line means an imaginary, perpendicular line that extends downward from the outermosttips of the tree branches to the ground.

Drought Tolerant Vegetation means established plants that survive on natural rainfall withoccasional irrigation during dry periods and includes Bahia turf.


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EDC means the Environmental Development Commission.

Emitter means a device which is used to control the application of irrigation water. This termis primarily used to refer to the low flow rate devices used in microirrigation systems

Green yard means a landscaped yard area within a required front yard or a required side orrear yard.

Green Space means the entire parcel less the building footprint, driveways, vehicular use areas,hardscapes such as decks, pools, patios, and other non-porous areas. Water features areincluded in the calculation of green space area. Wet detention stormwater managementfacilities and wetland conservation areas shall not be included in the determination of greenspace.

Ground cover means herbaceous vegetation other than turfgrass with a typically horizontalgrowth form and which normally reach at maturity an average maximum height ofapproximately 24".

Herbaceous vegetation means low growing vegetation without woody stems which includesgrasses, ground covers, vines, wildflowers and annuals.

Hydrozone means a designated area of plants with similar water needs. Irrigation system means a permanent watering system designed to transport and distribute waterto plants as a supplement to natural rainfall.

Irrigation zone means a control valve circuit containing emitters and/or sprinklers with consistentapplication rates.

Landscape permit means a permit which shall be secured from the City prior to the landscapingof any development or redevelopment as required by this article.

Microirrigation means the frequent application of small quantities of water directly on or belowthe soil surface, usually as streams or sprays through emitters placed along the water deliverypipes (laterals). Microirrigation encompasses a number of methods, including drip, bubbler,and trickle systems with a maximum flow rate per emitter of 30 gallons per hour or less.

Mulch means non-living, organic or synthetic materials customarily used in landscape designto retard erosion and retain moisture.

Native vegetation means plant species which have existed in a region or habitat independentof outside (typically human) influences such as transplantation or hybridization.

Over spray means water that is delivered beyond the landscape area wetting pavements, walks,structures, or other impervious areas.


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POD means as defined in Chapter 29.

Preservation area means as defined in Chapter 29.

Protective barrier means a physical structure limiting access to a protected area, composed ofwooden or other suitable materials which assures compliance with the intent of this article.

Rain sensor device means a low voltage electrical or mechanical component placed in thecircuitry of an automatic lawn irrigation system which is designed to measure rainfall andoverride the irrigation cycle of the irrigation system when a pre-determined amount of rainfallhas occurred.

Redevelopment is defined as any development proposal which: (1) requires EnvironmentalDevelopment Commission, Board of Adjustment, or Community Redevelopment Agency reviewand approval; (2) requires additional parking; (3) seeks to expand the gross floor area of anexisting building by more than 15 percent; or (4) requires a building permit based on the valuefor interior or exterior work or a combination thereof, equal to or exceeding the percentageshown in the following table (“appraised value” means the total value for ad valorem taxpurposes according to the Property Appraiser of Pinellas County, Florida):

Total redevelopment cost of project as apercentage of total appraised value

Total appraised value of land andstructure

50 percent Less than $50,000

45 percent $50,000 to $99,999

40 percent $100,000 to $149,999

35 percent $150,000 to $199,999

30 percent $200,000 to $249,999

25 percent $250,000 or more

Remove or removal means, with regard to trees, the actual removal of a tree by digging upor cutting down, destroying, causing to be destroyed or the effective removal through damage.

Shade tree means a species of tree whose natural form is a broad canopy.

Shrubs means self-supporting, woody, non-deciduous plant species which are cultivated andselected to provide a physical and visual barrier, and which normally grow to a height of twofeet to nine feet, including hedges.

Specimen tree means any shade tree listed in this Article which is 12 inches or larger dbh.


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Top or topping means the removal of any portion of one or more major vertical tree branchesor the removal of a majority of the tree's leaf canopy.

Tree means any self-supporting, woody plant species which normally grows to a minimumheight of 15 feet with a mature crown spread of 15 feet or greater and having a trunk whichcan be maintained with over five feet of clear wood.

Tree survey means an aerial photograph or drawing to scale (one inch equals 200 feet orsmaller ratio) which provides the following information plotted by accurate techniques:

(1) Location of all trees protected under the provisions of this article.(2) Common names of all trees.(3) Diameter breast height of each tree.

Turf or turfgrass means continuous plant coverage consisting of an herbaceous species in thefamily Gramineae or a hybridized version thereof which is suited to growth in Pinellas County.

Understory tree means a species of tree which in Pinellas County grows to a typical matureheight of less than 30 feet and whose natural form is a narrow or oval shape as opposed toa broad canopy.

Vegetation means plant growth other than trees including but not limited to sod, ground cover,vines, hedges and shrubs.

Vehicular use areas means all areas used for the circulation, parking, display, or parking anddisplay of any and all types of vehicles, boats or heavy construction equipment, whetherself-propelled or not, and all land upon which vehicles traverse, including parking lotdriveways. This shall include, but is not limited to, areas used to accommodate drive-throughservice. Driveways and parking spaces serving single-family and duplex uses shall be anexception to this definition.

Division 2. Landscaping, Irrigation, and Vegetation Maintenance Requirements.

Sec. 16-1064. Required Landscaping.

(a) Development and Redevelopment of Property other than Single-family or DuplexProperty

The following requirements shall apply to all development and redevelopment other thansingle-family and duplex properties.

(1) Landscape permit required. A landscape permit shall be required for theinstallation or replacement of landscape required by this Article on anydevelopment or redevelopment site. A landscape permit application shall besubmitted to the POD for review and approval. The application shall include thefollowing:


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a. A landscape plan showing the proposed landscape areas and includingthe following:1. Location, type, and size of all specimen trees with trees indicated

to be preserved or removed and calculations showing compliancewith regulations for preservation of specimen trees;

2. Location of all buildings, structures, freestanding signs, parkingareas, drives, light poles, dumpsters, walls, fences, mechanicalequipment (e.g. backflow preventers, air conditioning condensers,etc.), vehicular use areas, and other improvements proposed forthe property;

3. Location of all property lines with dimensions, easements,overhead utility lines and adjacent rights-of-way;

4. Location of existing vegetative communities which will remainundisturbed;

5. Location, type, and quantity of all proposed landscape materials;6. Plant listing including quantity, type, and specifications of

proposed landscape materials;7. General notes including mulching requirements, fertilization and

installation instructions, and other such information;8. Planting details;9. A table or tables showing statistical information necessary to

evaluate compliance with provisions of this article such as area ofrequired buffers, number of plants, and other such information asnecessary.

b. An irrigation plan showing the use of an automatic low-volume irrigationsystem designed specifically for the proposed landscape installation. Thisplan shall comply with the requirements of this Article (see Section 16-1069) and shall include a site plan using a readable and defined scale,illustrating the proposed irrigation zones and delineating micro-irrigationzones and areas utilizing irrigation techniques other than micro-irrigation.

(2) Installation of landscape materials.

a. Installation of landscape materials shall be in accordance with theapproved landscape plan and shall be installed in a sound, workmanlikemanner and in accordance with recognized and accepted plantingprocedures as determined by the International Society of Aboriculture orthe Pinellas County Cooperative Extension Service.

b. No certificate of occupancy shall be issued for any building or structureon a property until the landscaping shown on the approved landscapeplan is installed and accepted by the POD, unless a financial guaranteefor such improvements is provided. This limitation shall be an exemptionto the authorization set forth in Section 1-17(b) as amended.


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c. Financial Guarantee: A certificate of occupancy may be granted prior tothe installation of required landscape materials where installation is notpossible due to special circumstances beyond the control of the owner. If the POD determines that special circumstances exist, the developershall provide a financial guarantee in an amount which is at least 110percent of the estimated cost of the work to be completed. The financialguarantee shall be in a form acceptable to the POD (letter of credit,bond, cash, cashier's check) and the developer shall provide an itemizedcost breakdown of the work to the POD for approval prior to issuance ofthe Certificate of Occupancy. Special circumstances shall include:

1. Unavailability of materials due to a hard freeze,2. Unavailability of sod due to flooded fields,3. Inability to establish required landscaping as result of

watering restrictions imposed by the City, county, or watermanagement district.

4. Late delivery of back-ordered items which are to beinstalled outside of public areas on the site.

d. When emergency restrictions are adopted by State or local agencieslimiting water consumption, the POD shall have the authority to postponethe installation of vegetation that is required pursuant to this article. ThePOD may require that drought tolerant vegetation be installed, thatvegetation be watered by hand or truck, that the approved landscapeplan or irrigation plan or both be modified on a temporary basis tominimize water consumption; that a financial guarantee be made. Insuch situations, the POD will strive to meet the intent of this article byphasing in the vegetation and irrigation requirements, or modifying thespecies of vegetation or forms of irrigation. The POD will determine theappropriate accommodation on a case by case basis. In making thisdetermination, the POD will consider the following:

1. the expressed preference of owner/developer, includingpotential financial impacts of temporary certificate ofoccupancy compared with that of a final certificate ofoccupancy;

2. the type of use (e.g. commercial, residential); 3. existing vegetation on site; 4. the impact upon surrounding properties; 5. approvals granted for landscaping (e.g. EDC or BOA

review); 6. and any site specific circumstances.

(3) Green yard abutting rights-of-way landscaping. Green yards shall be providedfor all yards abutting street right-of-ways. Except for surface parking lots, if therequired front yard (setback) is smaller than the required green yard, the required


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green yard shall be the depth of the required front yard (setback). For sites withirregular frontage, the POD may allow the green yard to vary in width if itextends for the entire frontage and provides the equivalent square frontage ofgreen yard along the same frontage. Green yards shall be landscaped asfollows:

Site location/zoning Required green yard forall abutting rights-of-way

Minimum required treelandscaping (per linealfeet of property frontage)

CBD, CBD-1, CBD-2, CBD-3, CBD-4, UV-1

5 feet One shade tree per 35linear feet or fraction abovehalf thereof

Parkway (P) zoning districts 50 feet on major streets, 10feet on other streets.

Five shade trees per 50linear feet or fraction abovehalf thereof

All other street right-of-wayfrontages

10 feet Two shade trees per 50linear feet or fraction abovehalf thereof

(4) Interior green yard and perimeter landscaping. Green yards shall be providedon all sides of a property. The minimum width of green yards shall be five feetunless the required side or rear yard (setback) is smaller, in which case therequired green yard shall be the depth of the required side or rear yard(setback). For interior property lines and property lines abutting alleys, aminimum of one shade tree per 50 linear feet or fraction above half thereof isrequired. Understory trees may be substituted for shade trees on a 1-1/2 for 1basis. Properties (or sides of a property) in zoning districts where there are norequired yards (setbacks) are exempt from this requirement.

(5) Foundation landscaping. A minimum of one foundation plant is required foreach linear foot, and one understory tree is required for each 30 feet (or portionthereof), of the exterior building perimeter. Foundation plantings may becomprised of shrubs or ornamental plants in any combination provided that noless than 50 percent of the total required materials are shrubs. Foundation plantsmay be planted in groupings so long as at least the minimum number ofrequired plants is provided. The foundation landscaping shall be required onall building sides except those sides facing an alley, openings for overhead orloading area doors, motor vehicle bays or entrances to the building, or theperimeter of attached or detached canopies. Foundation landscape materialsshall abut the building and shall be used or installed in such a manner so as toscreen mechanical equipment attached to or adjacent to the building, providedirection to and enhance entrances, enhance walkways and provide visualbreaks along monotonous building facades.


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Diagram 1

(6) Vehicular use landscaping/screening requirements. Vehicular use areas shallmeet the following additional requirements:

a. Perimeter parking lot landscaping. A minimum of one shade treeper 35 linear feet (or portion thereof) of perimeter shall beplanted around the perimeter of vehicular use areas. Acontinuous hedge comprised of shrubs planted not more than 30inches on center shall be planted around the perimeter of thevehicular use area. Additional landscaping shall not be requiredfor the perimeter parts of the vehicular use area adjacent tobuildings.

b. Interior parking lot landscaping. Interior parking lot landscaping

shall be provided as follows:

1. Required square footage of landscape area. For allvehicular use areas with more than ten parking spaces, aminimum of 10 percent of the vehicular use area shall bedevoted to interior landscaping. In calculating thispercentage, the area shall include both pervious andimpervious portions of the vehicular use area. Terminaland interior islands and divider medians shall be used tocomply with required interior parking lot landscaping. The


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Diagram 2

following diagram illustrates an example of areas whichqualify as interior landscaping.

2. Terminal islands. Each row of parking spaces shall endwith landscaped islands which measure at least five feet in

width by 18 feet in length to separate parking fromadjacent drive aisles. In terminal islands, one shade treeshall be required for every 150 square feet (or fractionabove half thereof), with a minimum of one shade tree inany one island. Terminal islands shall be landscaped withshrubs or ground cover, excluding turfgrass, planted toprovide 100 percent coverage within two years.Landscape materials in islands adjacent to parking spacesshall be set back a minimum of two feet behind the backof the curb to provide for vehicle access.

3. Interior islands. Interior islands shall be at least five feetin width by 18 feet in length. Islands less than five feet inwidth shall not be credited as internal landscaping. Oneshade tree shall be required for every 150 square feet (orfraction above half thereof) of interior landscaped islands,with a minimum of one shade tree required in everyinterior island.


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4. Divider medians. Landscaped divider shall form acontinuous landscaped strip between abutting rows ofparking areas or access drives. The minimum width of adivider median shall be five feet. One shade tree or twounderstory trees shall be required for each 30 linear feetof divider median (or fraction above half thereof). Shrubsshall be planted in divider medians which separateparking areas from access drives to form a continuoushedge the full length of the divider median.

c. Screening abutting residential uses. Where vehicular use areasabut residentially-zoned property or a property used for asingle-family residential use, a five foot high decorative finishedwall or solid wood fence shall be installed in such a manner as toscreen the vehicular use area from the adjacent land uses. Wherethis wall or fence requirement is applied to properties with existingmature shade trees, the wall or fence may be truncated andsupplemented with trees and shrubs to achieve the purpose of thissubsection.

d. Wheel stops and curbs required to protect parking lotlandscaping. Landscaped areas, walls, structures, and walks shallbe protected from vehicular encroachment or overhang throughappropriate wheel stops or curbs, located a minimum of 2-1/2feet from any of the above. Wheel stops shall have a minimumheight of six inches above finished grade of the parking area.Wheel stops shall be properly anchored and maintained in goodcondition. All landscaped islands, divider medians, and otherlandscaped areas susceptible to damage by vehicular traffic shallbe protected by non-mountable concrete curbing or an equivalentapproved by the POD.

(7) Landscaping adjacent to fences, walls, or dumpster enclosures. The exterior ofany opaque fence, wall, or dumpster enclosure visible from any street right-of-way shall be landscaped with a minimum of one shrub for every four linear feetand one understory tree for every 25 linear feet.

(8) Landscaping adjacent to mechanical equipment on site Mechanical equipment,such as backflow preventers, utility cabinets, air conditioners, etc., visible fromany right-of-way shall be landscaped with a continuous hedge comprised ofshrubs planted no more than 30 inches on center.

(9) Other Redevelopment. Existing properties which do not have an approvedlandscape plan and which perform exterior (building, site, or a combinationthereof) work which requires a permit from the City, but which do not meet the


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definition of “redevelopment”, shall provide landscaping which is at least 10%of the value of the permitted work. These landscape materials shall meet oneor more of the landscape specifications in Section 16-1067. A landscapepermit is required. The landscape plan shall show buildings and the newlandscaping.

(10) Existing Specimen Trees Protected.

a. Specimen trees existing on a site shall be preserved. The number ofexisting specimen trees to be preserved on a site shall be determined asfollows:

Total Inches (dbh) of existing Minimum % of Inches of existingSpecimen Trees on Site Specimen Trees to be Preserved

50 or less 50%51 - 100 40%101 - 150 30%Greater than 150 25%

b. Existing trees which will remain on the property and which are identifiedon the landscape plan may satisfy some or all of the requiredlandscaping provided that the trees meet the quantity, applicable speciesand size requirements.

c. Existing trees to be preserved shall be protected from construction-relatedimpacts by placement of suitable protective barriers, constructed tospecifications issued by the POD, which shall remain in place until suchtime as the removal of the protective barrier is authorized by the POD.It shall be unlawful for any person in the construction of any structures orother improvements to place solvents, material, construction machinery,or temporary or permanent soil deposits within six feet or two-thirds of thedrip line, whichever is greater, of any tree identified on the landscapeplan which is to remain on the site. No attachments or wires shall beattached to any protected tree. Whenever a change of elevation takesplace that raises or lowers the ground level elevation at or within the dripline of any existing tree, a method to preserve the existing groundelevation within the drip line shall be utilized. Such methods include butare not limited to tree wells, dry wells, retaining walls and terracing. Themethod of protection shall be subject to approval by the POD. Inaddition to any other penalties provided for violations of this article, thedirect or indirect destruction of existing trees by failure to comply withappropriate protection during construction shall be a violation of thissection. Existing trees which are destroyed during development or workshall be replaced on a two to one ratio.


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(b) New Single-Family and Duplex Properties. New single family or duplex propertieswhich request a Certificate of Occupancy after the adoption date of this article (March7, 2002) shall meet the following landscape requirements prior to issuance of theCertificate of Occupancy:

(1) A minimum of two trees a minimum of eight feet in height shall belocated on the lot which shall be Florida Grade No. 1 or better, andshall be of the following species:American holly, Ilex opaca.Dahoon holly, Ilex cassine.Yaupon holly, Ilex vomitoria.Wax myrtle, Myrica cerifera.Crape myrtle, Lagerstroemia indica.Eastern Red Cedar, Juniperus virginianaAny shade tree listed in this article except palms (see Section 16-1067)

(2) A minimum of ten shrubs a minimum of 18 inches in height shall belocated in the front yard. Shrubs shall be Florida Grade No. 1 or betterand shall be one of the following species:Dwarf yaupon, Ilex vomitoria x.Galberry, Ilex glabra.Seagrape, Coccoloba uvifera.Shining jasmine, Jasminum nitidumIndia hawthorn, Rhaphiolepis indicaBurford or Chinese hollies, Ilex cornutaGlossy Privet, Ligustrum spp. Any shrubs listed in this article (see Section 16-1067)

(3) Existing vegetation of the above species and height shall be eligible tomeet this requirement.

(4) Each property shall have an irrigation system for all landscaped areas.

(5) All required yards shall be maintained as permeable landscapedvegetative green yard.

(c) Existing Single-Family and Duplex Properties. All existing single family and duplexproperties within the City shall meet the following minimum landscaping requirements:

(1) Irrigation. A permanent irrigation system is not required for existingsingle family or duplex properties; however where one is installed it shallbe designed to avoid runoff, overspray or other similar conditions wherewater flows onto or over adjacent property, non-irrigated areas,walkways, roadways or structures. Irrigation systems shall be maintainedso there are no broken irrigation heads or leaks. Automatic sprinklersystems installed after the effective date of this section shall install a rain


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

(2) Reserved.

(d) Additional requirements for new and existing single-family and duplex properties.

(1) Green yard landscaping (required permeable green space) for yardsabutting public streets. Required front yards and required side yardsabutting public streets shall be maintained as permeable landscapedvegetative green space with the exception of necessary driveways, walks,patios and similar paved areas and non-organic mulch areas, whichareas combined shall not exceed 25 percent of the required yard area forcorner lots and 45 percent of the required yard area for inside lots.Facilities constructed to achieve compliance with ADA requirements shallbe exempt from this surface calculation. Yards abutting public streetswhich do not conform to the provisions herein and which existed as ofAugust 25, 1977 are grandfathered and exempt from this paragraph (1).

(2) Ground cover. Permeable portions of rights-of-way and private propertyincluding required yards shall be maintained with an herbaceous layer ofsod or ground cover plant material. Organic mulch may be utilized inlieu of sod or ground cover plant material provided ground cover,shrubs, trees or a combination thereof are planted and maintained at acumulative ratio of at least one plant or tree located in each 100 squarefeet of organic mulched area. No ground cover or shrubs are requiredin mulched areas directly under tree canopies. No more than 50 percentof the permeable lot area shall be covered with mulch. Mulch shall beplaced on the soil surface to a minimum depth of three (3) inches in plantbeds and around individual trees in turf areas. Mulch should not beplaced directly against the plant stem or tree trunk. Mulch shall not berequired in annual beds. Non-organic ground covers includingdecorative gravel or crushed stone shall be allowed only in plantingareas (e.g., in gardens or hedge areas) and not as a substitute for sod,ground cover or organic mulch.

Sec. 16-1065. Utility easements.

No person shall plant a tree or shrub in a utility easement. Any vegetation planted in a utilityeasement shall be herbaceous vegetation and shall not interfere with the City’s use of theeasement for utility purposes.

Sec. 16-1066. Reserved.

Sec. 16-1067. Landscape Specifications.


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Unless otherwise specified within this article, all landscape materials shall meet the followingspecifications.

(a) Shade trees. All required shade trees shall be a minimum of 10 feet in heightand 2 inches in dbh at the time of planting. Shades trees shall be from thefollowing list:

Willows, salix carolinianaOaks, Quercus spp.Pines, Pinus spp.Elm, Ulmus parvifoliaSycamore, Platanus occidentalisMaples, Acer spp.Southern Magnolia, Magnolia grandifloraSweetbay Magnolia, Magnolia VirginianCypress-Bald, Pond, Taxodium spp.Hickory, Carya floridana glabraSweetgum, liquidambar styracifluaPalms (with a clear trunk of at least 10 feet are allowed on a 3-for-1 basis)Trees identified as native or naturalized native by SWFWMDStyracflua

(b) Understory trees. All required understory trees shall be a minimum of 8 feet inheight and 1-1/2 inches in dbh at the time of planting. Understory trees shallbe from the following list:

Hollies, Ilex spp.Wax Myrtle, Myrica ceriferaCrape Myrtle, Lagerstroemia indicaCedar-Red, Juniperus silicolaPalm-Chinese Fan, Livistona chinensisPalm-Pindo, Butia capitataPalm-Pygmy Date, Phoenix roebeliniiPalm-Windmill, Trachycarpus fortuneiTrees identified as native or naturalized native by SWFWMD

(c) Shrubs. All required shrubs shall be a minimum of 24 inches in height at the timeof planting. Shrubs required to create a hedge shall be planted not more than30 inches on center. Shrubs shall be from the following list:

Azalea, rhododendron hybridsBoxwood-Japanese, Buxus microphyllaHollies, Ilex spp.Juniper, Juniperus spp.Oleander, Nerium oleanderPalmetto-Saw, Serenoa repens


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Palmetto-Scrub, Sabal etoniaPhotinia-Red Leaf, Photinia glabraPhotinia-Red Tip, Photinia fraseriiPittosporum, Pittosporum spp.Podocarpus, Podocarpus spp.Privet, Ligustrum spp.Silverthorn, Elaeagnus pungensViburnum, Viburnum spp.Shrubs identified as native or naturalized native by SWFWMD

(d) Foundation plantings. All required foundation plantings shall be a minimum ofone gallon nursery specification at the time of planting. Foundation plantingsshall be from the following list:

Asparagus Fern, Asparagus densiflorusAzalea, rhododendron hybridsBeach Sunflower, Helianthus debilisCast Iron Plant, Aspidistra elatiorCoontie, Zamia pumilaCrinum Lily, Crinum asiaticumDay Lillies, Hemerocallis spp.India Hawthorn, Rhaphiolepis indiaJasmines, Trachelospermum spp.Junipers, Juniperus spp.Lantanas, lantana spp. Lantana camaraLiriopes, Liriope spp.Sea Oxeye Daisy, Borrichia frutescensSociety Garlic, Tulbaghia violacea Wedelia, Wedelia trilobata

(e) Native vegetation requirements. The species of required landscape materialsshall be selected based on the existing and neighboring vegetative communities,soil types, proposed function of the materials, cold tolerance, existence of utilitiesor overhead power lines, and aesthetics.

(f) Exempt trees. Due to their status as exotic species or invasive species, thefollowing tree species may be removed from private property without a permitand shall not be used to meet the vegetation required by this article:

Acacia, acacia spp.

Australian pine, Casuarina equisetifolia (Australia).Avocado, Persea americana (American tropics).Brazilian pepper, Schnius terebinthifolius (Brazil).Cherry laurel, Prunus Caroliniana.Chinaberry, Melia azedarach (SW Asia).Citrus, rue family: orange, lemon, lime, kumquat, grapefruit (East Asia).


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Ear, Enterolobium cyclocarpum (Central America).Eucalyptus, Eucalyptus spp. except silver dollar variety (Australia).Ficus, Ficus spp. except banyan (South America).Italian cypress, Cupressus sempervirens (South Europe).Jacaranda, Jacaranda acutifolia (Brazil).Jerusalem thorn, Parkinsonia aculeata (Central America).Loquat, Eriobotrya japonica (China).Mango, Mangifera indica (India).Monkey puzzle tree, Araucaria spp. (Australia).Norfolk Island pine, Araucaria excelsa (Norfolk Island).Orchid, Bauhinia spp. (India).Palms, except cabbage palm, Sabal palmetto and Royal.Palm, Roystonea spp.Poinciana, Poinciana spp. (Madagascar).Punk, Melaleuca quinquenervia (Australia).Silk oak, Grevillia robusta (Australia).Toog, Bischofia javanica (Africa).Woman's tongue, Albizia spp. (Asia)

(g) Prohibited trees. It shall be unlawful to plant or cause to be planted within theCity limits the following exotic and nuisance plant species: Brazilian pepper tree(Schinus terebinthifolius), punk tree (Melaleuca quinquenervia), Australian pinetree (Casuarina equisetifolia).

Sec. 16-1068. Variances to required landscaping.

(a) Where unique conditions related to existing buildings, dimensional aspects of plattedlots, or a lack of available space or water to support the required landscape materialspreclude strict compliance with this article, the POD may adjust the requirements of thisArticle as follows:

(1) Relocation of required landscape materials or landscape areas to otherparts of the property or the right-of-way;

(2) Substitution of additional site amenities for required landscaping shall beallowed on at least a dollar for dollar ratio and shall serve a publicpurpose whose need is demonstrated for the site. Acceptable siteamenities shall include decorative pedestrian lighting, street furnishingswhen deemed appropriate by the City, enhanced sidewalks of paverblock or hex block, decorative street signs, and neighborhood andbusiness district signs.

(b) Variances to the provisions of this article may be granted by the EDC.

(c) Existing Native Vegetation on sites with work being done.


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(1) For vehicular use areas, in instances where healthy, native vegetationexists on a site prior to its development, in part or in whole, the PODmay adjust the application of the requirements of this article to allowcredit for such plant material (excluding palms, any sick, topped ordamaged trees, or any trees included on the prohibited species tree list)provided that the POD finds such an adjustment is in keeping with andwill preserve the intent of this article.

(2) For residential and residential mixed use developments within the coastalhigh hazard zone greater than 2.5 acres and for residential andresidential mixed use developments outside of the coastal high hazardzone greater than 20 acres - not less than 25 percent of the nativevegetation shall be preserved.

(3) All other types of new development subject to special exceptions or siteplan review in areas not referenced in Comprehensive Plan PolicyC7.11.a. (as amended) shall preserve a portion of the native vegetationon the site. For new development under 5 acres, not less than 10 percentof the native vegetation shall be retained. For new development 5 ormore acres, not less than 15 percent of the native vegetation on site shallbe retained.

Variances requested to this subsection for sites which cannotaccommodate both the native vegetation requirement and thedevelopment or redevelopment shall only be granted with the conditionthat the following mitigation be performed. Mitigation on site shallrecreate a native plant community in all three strata (ground cover,understory and trees), utilizing plant materials at least twice as large asnormally required (to more quickly recreate the lost mature vegetation).Mitigation may be offsite if the mitigation enhances or enlarges existinglarge tract wildlife areas as shown on the Biological Resources Map. Novariance to this subsection shall be allowed.

Sec. 16-1069. Irrigation.

(a) Irrigation systems are required for the development and redevelopment of all propertiesexcept existing single family and duplex properties. Irrigation systems shall comply withthe following requirements:

(1) Irrigation systems shall be water efficient irrigation systems designed toprovide no more than the minimum amount of water required by anyspecific landscape material to ensure survival of that material. Irrigationsystem piping shall be underground. Such systems shall utilize acombination of sprinkler mechanisms and zones to accommodate theindividual irrigation requirements of each type of landscape material,including trees, shrubs, ornamentals and turf areas.


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(2) Irrigation systems shall be designed to provide 100 percent coverage andto prevent overspray, runoff, low land drainage and other conditionswhere water flows onto or over adjacent property, non-irrigation areas,water features and impervious areas.

(3) Irrigation systems shall be operated by an automatic irrigation controlleror timer which has sufficient programming flexibility to respond to theneeds of the irrigation devices being used and is capable of irrigatinghigh requirement areas on a different schedule from low waterrequirement areas (provided that separate zones exist), has programflexibility (to allow repeat cycles and multiple program capability) andbattery backup (to retain programs).

(4) The design of the irrigation system shall include sprinkler heads anddevices appropriate for the landscape material to be irrigated. Spraysand rotors shall not be on the same control value circuit and shall havematching application rates within each zone. Sprinkler spacing shall notexceed 55 percent of the sprinkling diameter of coverage.

(5) Irrigation systems shall be designed with low trajectory heads,microirrigation or low-volume water distributing devices in order toprevent overspray onto impervious areas. Microirrigation systems shallnot be used to irrigate turf areas.

(6) Irrigation systems shall be designed to place high water demand areas,such as lawns, on separate zones from those areas with reduced waterrequirements.

(7) A rain sensor device or switch shall be installed to regulate the controller'soperation that will override the irrigation cycle of the sprinkler systemwhen 1/2 to 3/4 inches of rainfall has occurred on any day.

(8) Irrigation rates for each zone shall be calculated and noted on theirrigation plans.

(b) Irrigation System Maintenance.

(1) The irrigation system shall be maintained and managed to ensure waterefficiency and prevent wasteful practices. This shall include, but not belimited to resetting the automatic controller according to the season,flushing the filters, testing the rain sensor device, monitoring adjusting,and repairing irrigation equipment such that the efficiency of the systemis maintained, repairing broken irrigation heads and leaks; replenishingmulch, utilizing turf and landscape best operational procedures designedto reduce negative impacts on the environment.


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(2) Landscape areas should not be watered when wind speeds exceed fivemiles per hour.

Division 3. Maintenance of Trees and Vegetation.

Sec. 16-1070. Maintenance of trees and vegetation for all properties within the City.

(a) Owners of private property are responsible for the maintenance of trees and vegetationon private property and in abutting rights-of-way. Vegetation shall comply with allcodes including visibility at intersections (Sec. 29-192) and requirements for hedges(Sec. 29-220). Where support cabling/bracing of vegetation is provided at the time ofinstallation, the cables and/or braces shall be removed no later than one year afterinstallation to prevent damage to the vegetation.

(b) Vegetation shall be maintained by the owner, tenant or their agent in good conditionso as to present a healthy, neat and orderly appearance and shall be kept free fromrefuse and debris. All plant materials shall be maintained free from physical damageor injury arising from lack of water, chemical exposure, insects, disease, blight or othercause. Exceptions regarding damage due to lack of water shall be made when waterconsumption is limited by emergency orders or declarations by state or local agencies.

(c) Except for those tree species listed as exempt, it shall be unlawful for any person to cutdown, damage, top, poison or in any manner destroy or cause to be destroyed any treeregardless of condition with a dbh of two inches or more without a permit. Trees shallbe trimmed or pruned in such a manner so as to not alter their natural form, growthhabit or character and shall not be pruned into "unnatural" shapes, including but notlimited to, circles, ovals, or squares. This does not prevent the removal of limbs fromthe throat of the trunk. Not more than one-third of the tree canopy shall be trimmed orpruned in any year unless it is dead. There shall be no "topping" of any trees. Toppedtrees and trees destroyed by improper trimming shall be replaced with the same speciesminimum 3" dbh and with a number of trees equivalent to the total inches dbh of thetopped or destroyed trees.

(d) Turf, turfgrass or other herbaceous growth other than ground cover species shall bemaintained at a maximum overall height of ten inches or less; ground cover plantmaterial shall be maintained at an overall height not to exceed 24 inches. Propertydesignated as preservation area shall not be required to meet these standards. Propertyowners who employ xeriscape or wildlife habitat management principles such that theirprivate property or adjacent right of way does not meet these criteria shall have amanagement plan and demonstrate active, ongoing maintenance. Management plansshall be plans designed by a landscape architect, plans which employ acceptedxeriscape management practices, and plans approved by the Florida Institute of Foodand Agricultural Science's (IFAS) Urban Wildlife Habitat program. Examples of activitiesaddressed in maintenance plans include routine pruning, mowing, edging, weeding,fertilizing, pest control, irrigation system adjustments, seeding and replanting. Xeriscapemanagement plans shall also incorporate these principles: 1) vegetation plan and


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design; 2) analyze and amend the soil; 3) limit turf to active use areas; 4) selectappropriate plant species; 5) irrigate efficiently; 6) use mulch; and 7) maintain thelandscape appropriately. Wildlife habitat areas shall consist of native and introducedplant species designed, planted and maintained to provide food source, cover, roostingand nesting habitat for specific species.

(e) Vegetation which is a hazard to public safety, such as vegetation with thorns, isprohibited in the right-of-way. Hedges are prohibited in the right-of-way between thesidewalk and the paved surface of a street or if there is no sidewalk in the right-of-waywithin ten feet of the paved surface of a street.

(f) Vegetation adjacent to public sidewalks and public streets shall not encroach onto thesidewalk or street surface except that turf or turf grass and ground cover sould be kepttrimmed to the edge of the sidewalk or street surfact but may encroach up to six inches.The branches of trees and shrubs which grow above sidewalks shall provide a minimumof eight (8) feet of vertical clearance and above streets and alleys to a minimum offourteen (14) feet of vertical clearance.

(g) It is unlawful for any person to permit to remain on any property, owned or occupied bysuch person, including the abutting rights of way, any tree or tree branch that is in suchdiseased or dead condition so as to be in danger of falling upon any right-of-way orthe property of another.

(h) It shall be unlawful to dispose of grass clippings, tree trimmings and other vegetativematerial in the right of way or on the property of another or upon any street or alley orinto waters within the City or directly or indirectly into the municipal storm sewer system.This section shall not be construed to prohibit the use of mulching lawn equipment.

(i) It shall be unlawful for any owner or owners, occupant or occupants of any lot, tract orparcel of land or abutting right-of-way within the City to allow to exist upon the lot, tractor parcel of land or abutting right-of-way vegetation or trees which violate this section.

(j) Unless approved by the City, rights of way shall be maintained at a level and evengrade.

(k) Failure to replace vegetation or trees required by this Article, when such vegetation ortree dies or is removed, shall be unlawful. Replacement vegetation or trees shall meetthe size and grade requirements of this Article.

Sec. 16-1071. Clearance of lots in preservation areas.

No person shall clear, disturb or remove any vegetation or dead or living plant life locatedwithin any preservation area without a permit issued by the POD for such work.


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Division 4. Lot Clearing

Sec. 16-1072. Notice of prohibited conditions.

(a) If the POD finds and determines that vegetation which violates the maintenancestandards in this Article exists and determines that the City should correct the violation,the POD shall notify the owner(s) of record of the property in writing and demand thatsuch owner cause the violation to be remedied. The notice shall be given by first classmail, addressed to the owner(s) of record of the property described, as their names andaddresses are shown upon the records of the County Property Appraiser, and shall bedeemed complete and sufficient when so addressed and deposited in the United Statesmail with proper postage prepaid. Notice shall also be by posted upon the propertydeclared to be a public nuisance. Notice may be served by hand delivery to the owner(s)of record of the property in lieu of mailing.

(b) The notice shall be substantially in the following form:

NOTICE OF PROHIBITED CONDITIONS

I inspected your property (describe property) on or about (date) and found the followingconditions (describe conditions) that are a violation of City Code Chapter 16, Article XV. Youare hereby notified that you must correct these violations within ten days of the date of thisNotice or by (date) whichever is later. If all conditions are not corrected by this date, the Citywill cut, trim, edge and clear the property to correct the violations of the City Code. Toproperly perform this maintenance, the City will also remove any junk, rubbish or other materialfrom the property. The cost of this work, including administrative expenses, will be charged toyou in the form of a lien against the property. You can appeal the finding that there is aviolation by filing a written appeal to the City Clerk within ten (10) days of the date of this letter.

___________________(Official Title) Sec. 16-1073. Appeals.

(a) Within ten days after the mailing or service of notice or after the first day of posting onthe property, whichever occurs last, the owner or the designated agent of the owner mayfile an appeal to show that the violation alleged in the notice does not exist. The appealshall be in writing and must be filed with the City Clerk.

(b) The POD shall hold a hearing at such reasonable time and place as the PODdetermines. The POD shall establish rules and regulations for conducting the hearing.At the hearing, the City and the owner may introduce such evidence as is deemednecessary. The POD's decision shall be final and the owner shall have exhausted alladministrative remedies.

Sec. 16-1074. Authority of City to remedy prohibited condition by lot clearance.


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If no appeal has been made or, if made, a hearing has been held and has concludedadversely to the property owner and the violation is not corrected within five days following thedate of the hearing, the POD shall cause the violation to be corrected at the expense of theproperty owner. The POD shall have authority to clear the property and cause the cutting andremoval of plant life when such cutting and removal is necessary to correct the violation andthe costs of such cutting and removal, as well as such administrative and other costs as arenecessary to correct the violation shall be an expense of the property owner and shall beassessed as provided in this division. The POD is hereby authorized and directed to remove anyand all materials, matter, objects, junk or rubbish on the property when the removal of theother material is reasonably necessary to correct the violation.

Sec. 16-1075. Assessment and lien for costs of lot clearance.

(a) Preliminary assessment roll. After causing the violation to be corrected the POD shalldetermine the cost involved in correcting the violation including all costs described inthis division, and shall determine the proper proportionate costs that each lot, tract orparcel of land should bear. The POD shall cause a preliminary assessment roll to bemade up containing a complete list of the properties and of properties abutting streetright-of-way upon which violations were corrected, setting opposite each lot, parcel ortract of land the cost of doing said work, which shall be submitted to City Council.

(b) Public hearing. The City Council shall hold a public hearing on the proposedassessment after publication of notice. One notice shall be published in a dailynewspaper of general circulation at least five (5) days prior to the public hearing. Thenotice shall be in substantially the following form:

NOTICE TO TAXPAYERS

You are hereby notified that the City of St. Petersburg has corrected violations of thevegetation maintenance standards of Chapter 16 on lots, tracts, parcels or areas of land in theCity of St. Petersburg and has determined the amount to be assessed against each of said lots,tracts or parcels of land to defray the cost thereof. A list of said properties and of propertiesabutting street rights-of-way upon which violations were corrected and the amount to beassessed against each of said properties is on file and open for inspection in the office of theDirector of Finance of the City of St. Petersburg.

You are further notified that the City Council of the City of St. Petersburg will hold apublic hearing on the ____ day of _________, 20___, in the Council Chambers at the City Hallin the City of St. Petersburg, Florida, for the purpose of hearing any complaints or protests thatany affected party may wish to offer as to why said assessments should not be made final.

(c) Approval of preliminary assessment roll. The City Council shall meet at the time andplace specified in the notice and hear any and all complaints that any person affectedby said proposed assessment wishes to offer, and shall correct any and all mistakes orerrors appearing upon said preliminary assessment roll. The City Council shall then


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approve the preliminary assessment roll, as submitted or as corrected, and theassessment roll shall then be final.

(d) Amounts assessed to constitute lien. When the preliminary assessment roll is approvedby the City Council and made final, the amounts assessed against the respectiveproperties shall, from the date of said approval, be and constitute a lien against therespective properties, superior in dignity to all other liens and encumbrances of whateverkind and character save and except ad valorem taxes levied and assessed by the State,County or City and shall be of equal dignity with such taxes, and shall remain a lienagainst the properties until paid. Upon approval of the assessment roll by the CityCouncil, the POD shall immediately cause the assessment roll to be filed in the officeof the City Clerk, and it shall be kept there for public inspection during business hours.The POD may file and record, in the Office of the Clerk of the Circuit Court, notice ofthe liens against the said properties, showing thereon the amount and nature of the lienand a legal description of the property.

(e) Interest on assessment liens. The principal amount of all assessment liens levied andassessed under this section shall bear interest at the rate of ten percent per annum froma date 30 days after the date of approval of the assessment. This interest shall alsoconstitute a lien against the property assessed of equal dignity to the principal amountof the lien.

(f) Records of liens and interest due. The Director of Finance shall keep complete recordsrelating to the amount payable for the liens and interest and may from time to timesend a statement of the principal and interest due upon such liens to the record ownersof the property upon which the liens exist.

(g) Enforcement of liens. At any time after the expiration of 30 days from the date ofapproval of the assessment roll, the City may proceed to foreclose any lien or collectsuch amount owed.

Sec. 16-1076. Action to abate cumulative to other penalties, remedies.

Any action taken pursuant to this division in regard to the disposal, abatement or removal ofa violation of the maintenance standards shall be considered cumulative and in addition topenalties and to other remedies provided elsewhere by ordinance or law.

Division 5. Tree and Mangrove Protection.

Sec. 16-1077. Mangroves generally.

The City of St. Petersburg finds that mangroves, including Red Mangroves, Black Mangrovesand White Mangroves, are an essential component of the estuarine food chain, supporting thecommercial and recreational fisheries of Tampa Bay. The State of Florida currently prohibitsthe City from regulation in this area, however that prohibition could change in the future.Therefore, if at any time there is no preemptive state legislation regarding mangroves, then the


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trimming or cutting of mangroves is hereby prohibited. The administration is directed topropose an ordinance for the judicious management of the City's coastal mangrovecommunities by regulating the alteration of any mangrove species at the earliest opportunityafter such state preemption is removed.

Sec. 16-1078. Tree removal permits.

(a) A permit shall be required for the removal of any trees except exempt trees (see section16-1067).

(b) The applicant shall submit to the POD an application in such form as required by thePOD and pay the fee established by City Council.

(c) Any person who removes or causes to be removed a tree without first obtaining therequired permit may be issued an after-the-fact permit. An after-the-fact permit shall beissued if the applicant can demonstrate that the criteria for removal would have beenmet. All requirements for replacement trees shall apply to property issued anafter-the-fact permit. The fee for an after-the-fact permit for each tree shall be $50.00for single-family residential property and $100.00 for all other types of property. If theapplicant cannot demonstrate that the criteria for removal would have been met, thenno permit shall be issued. If a second violation of this division occurs by a personpreviously issued an after-the-fact permit or on a site on which an after-the-fact permitwas issued within five years of the date of the second violation, a second after-the-factpermit shall not be issued.

(d) Permits issued pursuant to this division shall be valid for six months. If work is notcommenced within such time, the permit shall be null and void.

(e) In emergencies such as hurricane, windstorm, flood, freeze or other disaster therequirements of these regulations may be waived by the POD upon a finding that suchwaiver is necessary so that public or private work to restore order in the City will not beimpeded.

Sec. 16-1079. Factors for evaluation of permit application.

After an application is filed to remove a tree, a permit may be issued if one or more of thefollowing criteria is met:

(1) The tree is located in an area where a structure or improvements will be placedaccording to an approved plan;

(2) The tree is located in an area which serves as the access point for a structure orimprovement according to an approved plan, or is located in an area whichpresents an imminent hazard to an existing or proposed structure;

(3) The tree is diseased, injured, or in declining condition with no reasonableassurance of regaining vigor; or


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(4) The tree is within a site which has sufficient trees protected by this division andremoval of the tree does not adversely impact the remaining trees on the site.

Sec. 16-1080. Replacement trees required.

Replacement trees shall be required for those permitted to be removed. Replacement treesshall be shade trees meeting the specifications set forth in this Article and Florida Departmentof Agriculture Nursery Grade No. 1 or better. Relocation on the property of the trees beingremoved can satisfy this requirement.

(1) One or two family residential properties shall have trees of sufficient number ortype to meet the following required credits. Where a tree removal permit isissued pursuant to this Article for a property which does not have sufficientcredits, replacement of trees with equivalent or greater credit is required.

Property Size (sq. ft.) Required Credits

4,000 or less 34,001 to 6,500 66,501 to 9,500 129,501 to 15,000 1815,001 or greater 30Plus, per each 4,000 square

feet over 15,000 3

(2) All other properties shall replace removed trees with trees of equal size andreplacement credit or meet the required landscaping requirements of this article(see Section 16-1064).

(3) Credit shall be given for existing and replacement trees of 2" dbh and larger asfollows:

a. Three replacement credits, all native Florida oak species, red maple,sycamore, cypress, magnolia, sand or slash pine, and American, Dahoonand East Palatka holly.

b. Two replacement credits, wax myrtle, sweetgum, elm, camphor, andsouthern red cedar.

c. One replacement credit, royal or cabbage palm, crape myrtle,dogwood, red mulberry, and all other tree species protected by thisdivision.

(4) The following replacement methods may be used in lieu of planting replacementtrees on the property from which the tree is to be removed:

a. Plant equivalent size and species of replacement trees on City property,location to be approved by the POD.


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b. Provide a fee to the City equal to the cost of purchase and planting ofequivalent size and species of required replacement trees. These feesshall be deposited in the Environmental Enhancement Fund.

(5) Replacement trees required pursuant to this section are required to bemaintained. If a replacement tree required pursuant to this section is not viableafter one year from planting, the applicant shall replace the tree with a tree ofequal size and replacement credit.

Sec. 16-1081. Penalties.

Any person who does not receive a permit as required by this Division shall be subject to thefollowing penalties:

(1) The minimum penalty for each violation shall be $100.00 for a violationoccurring upon one or two family residential property and $200.00 for aviolation occurring upon any other property.

(2) Replacement trees shall be required as mitigation. The number and size of thereplacement trees will be equivalent to the total dbh of the illegally removedtrees.

(3) In lieu of replanting trees, the total value of those trees illegally removed ordamaged, as computed using the International Society of Arboriculture shadetree value formula, may be paid to the City. Any such payment shall be used topurchase and plant new trees in the right-of-way or on other City property.

(4) A combination of money and tree replacement of total value equal or greaterthan the minimum penalty may be required.

Sec. 16-1082. Application of article to tree removal companies; constructioncompanies; tree removal, etc., permits.

All provisions of this division shall apply to all persons, including but not limited to any personwho removes, cuts down, damages, poisons, destroys or causes to be destroyed any trees onbehalf of any other person, including all tree removal companies, construction companies orpersons in the business of removing trees or constructing. It shall be unlawful for any person toremove or cause to be removed any tree, unless a valid permit therefor is in effect; suchremoval shall constitute a violation of this division and shall subject the person violating thisdivision to all penalties provided in this division for such violation, both civil and criminal.

Division 6. Preservation Areas.

Sec. 16-1083. Preservation areas.

(a) General information.


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(1) Purpose and intent. These regulations are intended to encouragepreservation of lands designated as preservation areas, in a natural ornear natural state. The City recognizes that there exists in the City certainlands and areas of unique environmental and ecological significance andimportance which are important for their biological productivity andeconomic, aesthetic and safety values. . These areas include, but are notlimited to, salt marshes, deciduous forest, pine flatwoods, pine woods,mangrove swamps, hydric and upland hammocks, freshwater marshes,tidal marshes, beaches, natural drainage areas and flood plains or landsdesignated as preservation areas. It is the purpose and intent of thissection to safeguard these areas from inappropriate development so thatthey may benefit all the residents of the City and at the same time providethe means whereby property owners of lands declared to beenvironmentally or ecologically sensitive or important, by means of thepreservation classification, shall not have to bear the full burden ofpreserving and conserving said lands.

(2) Establishment of districts. Preservation areas will be designated by suffixto the abutting zoning designation (e.g., CP (Preservation), IP(Preservation), etc.) The zoning district requirements will apply to theentirety of the property. Additional restrictions shall apply within thepreservation area as established by this subsection and applicable local,State and federal agencies.

(3) Criteria for designation. To be designated as a preservation area, a siteshall have a combined score of four or more points and exhibit at leastone of the vegetation types listed:

Relative Significance of Environmental Factors

VegetationMangroves 2.0Fresh marsh 2.0Salt marsh 2.0Hydric hammock 2.0Mesic hammock 2.0Deciduous forest 2.0Urban mesic hammock 1.5Pine flatwoods 1.0Pine woods 1.0

WildlifeDocumented presence of listed species 1.0

SoilsPoorly drained (water table 0--10") 2.0


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Medium percolation rate (water table 10--30") 2.0100-year floodplain 2.0

Preservation areas are identified in the Comprehensive Plan and may be added orremoved by following the procedures for a land use plan change.

(4) Maintenance of preservation areas. Property owners shall be responsible formaintenance of preservation areas. Preservation areas shall be maintained ina viable natural condition. Any act or failure to act which results in thedegradation of a preservation area is a violation of this section and shall requirerestorative action or mitigation. The term degradation shall include but shall notbe limited to filling, dredging, clearing, trimming, cutting, sodding, siltation,encroachment of exotic or nuisance plants, manmade change in surroundingconditions or other causes deemed to be not natural. The maintenance of thepreservation area includes maintaining the removal of exotic or nuisance plants.

(b) Site plan processing. Any development, alteration, improvement, enhancement,clearing, restorative action or mitigation within a preservation area, shall meet thefollowing application and review process:

(1) The property owner shall provide a description of the property in writingand request the desired action within the preservation area to the POD.

(2) The owner shall submit a letter to the POD requesting and authorizingstaff to field inspect the property. The owner shall arrange to havesurveyors accompany staff during the field inspection to establish thesurvey boundaries of the preservation area.

(3) Staff shall field check the condition of the site(s) and stake the boundariesof the designated preservation area. Adjustments to the boundaries of thepreservation area may be made by staff during the field check wherenatural conditions have altered the characteristics of the site in a mannerthat has eliminated the required factors for preservation designation.Regardless of site conditions, the preservation area designation shallremain in effect until a land use plan amendment is adopted whichremoves the preservation area designation.

(4) The owner will complete the survey of the boundaries of the designatedpreservation area and any adjusted boundary. The survey shall includea measurement of the area in square feet. The survey will be signed andcertified by a registered surveyor.

(5) The owner shall submit a site plan which meets the requirements inChapter 29 (see Sections 29-90 and 29-92). The POD may requireadditional information.

(6) Site plans for permitted uses and structures on properties which containa preservation area shall be reviewed by the POD unless otherwiserequired to be reviewed by the EDC or that request variances to thisSection which shall be reviewed by the EDC.


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(c) Development in a preservation area.

(1) Uses of property in preservation areas not contiguous to developableproperty are limited to activities that do not require alteration of theproperty from its natural state.

(2) Uses of preservation areas contiguous to developable non-preservationproperty shall be subject to the conditions of this subsection.

(3) Site plans for permitted uses and structures on properties which containa preservation area shall be reviewed by the POD unless otherwiserequired to be reviewed by the EDC or that request variances to thisdivision which shall be reviewed by the EDC.

(4) Development, alteration or improvement in a preservation area shall notexceed an FAR of .05 and an ISR of .10 of the area of each preservationarea and shall leave the remaining area in its natural state.

(5) Development is prohibited in that portion of the preservation area whichlies below the mean high water contour and which is an area in whichdevelopment is prohibited by State or federal regulations.

(6) Drainage designs shall maintain stormwater quality and hydroperiodsoptimum for the health of the preservation area. The applicant shallprovide information sufficient to demonstrate that predevelopmentdrainage characteristics, including quality and quantity of flow receivedby the preservation area, will not be altered without required mitigation.There shall be no alteration which would increase potential flooddamage from storm-driven waves.

(7) In order to ensure ongoing maintenance, preservation areas shall beplatted with or legally committed as part of the abutting land so that nounbuildable detached lots or parcels remain. Preservation areas shall bedesignated "preservation area" on all plants.

(8) Conditions of site plan approval may include that all Schinusterebinthifolius (Brazilian pepper), Meleleuca quinquenervia (cajeput orpunk tree) and Casuarina spp. (Australian pines) or other exotic ornuisance plant species shall be removed from the site and from thepreservation area. This area shall be replanted with the native vegetationprior to issuance of a building permit. Methods for vegetation removaland replanting in, or adjacent to preservation areas shall be approvedby the POD.

(9) Land grading activities, structures or other development shall be setbackfrom the established preservation area boundary in order to protect thepreservation area. The need for and size of setbacks shall be based uponfactors including the surrounding land use, topography, preservation areavegetation type and hydrology. The required setback shall be eligible forcomputation of green space on the site.

(10) No alteration, development, restorative action, clearing, disturbance,mitigation or enhancement (i.e.: trimming, planting, etc.) of vegetationin a preservation area is allowed without the approval of the POD after


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determining that there is no adverse impact on the preservation area.Approval shall also be subject to the following requirements:

a. An application for alteration, development, improvement,restorative action, clearing, disturbing, mitigating or enhancinga preservation area shall be submitted to the POD on theappropriate forms and with the required fee and shalldemonstrate compliance with the provisions of this section and allother City ordinances. An application to remove exotic ornuisance plant species from a preservation area shall not berequired to pay a fee. Removal of exotic or nuisance plant speciesand plans for replanting shall use those methods which have theleast impact on the remainder of the preservation area.

b. Any planting in a preservation area shall use native vegetationcommon to the specific category of vegetation within thepreservation area.

c. Protective wooden barricades that encompass no less than thearea of the dripline of trees in the preservation area may berequired to protect the preservation area from damage.

(11) Any alteration, development or restorative action within a preservationarea with the documented presence of a listed species shall be evaluatedfor its effect upon the listed species. Mitigation or enhancement of listedspecies habitat shall be required for alteration or development within apreservation area which is documented by a recognized source such asthe Audubon Society, the U.S. Fish and Wildlife Service, the FloridaGame and Fresh Water Fish Commission, or the National MarineFisheries Service, to support the nesting, roosting, feeding or otherhabitat of a listed species. For the purpose of this section listed speciesare defined as those species which are identified by the U.S. Fish andWildlife Service or the Florida Game and Fresh Water Fish Commission,or both agencies, as being endangered, threatened or a species ofspecial concern.

(12) Structures existing in preservation areas prior to August 25, 1977, shallnot be considered nonconforming as to structure, and if removed ordestroyed for any reason may be rebuilt to the original dimensions.

(d) Transfer of development rights.

(1) Density credits.

a. Residential density and intensity credits may be transferred from apreservation area to abutting land in the same ownership or to allowedreceiver districts as provided for in this section subject to all other Cityordinances.

b. When density or intensity credits from a preservation area are transferredoff site, the preservation area may be used to meet open green space


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requirements of the abutting development provided that the developmentis in the same ownership or control and is an integral part of thedevelopment.

c. The density or intensity credit transferable from a preservation area shallnot be calculated from that portion of the preservation area in therights-of-way or of that area used to meet minimum lot arearequirements. No density or intensity credit shall be transferred from orto any property where development is prohibited by State or federalregulations, or where that property is below the mean high water contourincluding submerged land.

d. The density or intensity of any parcel of land to which density or intensityis transferred (receiving parcel) shall not exceed the maximum density orintensity permitted by the zoning district of the receiving parcel.

e. Where the maximum allowed density or intensity credits are transferredfrom a parcel, no additional density or intensity credits shall betransferred from that parcel.

(2) On-site transfer of density credit. Transfer of density or intensity creditsto abutting land shall be limited to one unit per acre or up to the square footageavailable at .05 FAR.

(3) Off-site transfer of density credits.

a. Generally. Preservation areas that are preserved in their natural state andnot developed, altered or improved, shall be eligible to transfer densityor intensity credits for dwelling units or FAR as indicated in this section.Such credit may be transferred only to RM-12/15, RM-24/30, and alldistricts which permit office, commercial or industrial uses, and only uponreceipt of approval as described in this section.

b. Development rights certificates.1. An owner of a preservation area may transfer up to one (1) unit

per acre of density or up to the square footage available at .05FAR of intensity from the preservation area.

2. An owner of a preservation area shall be entitled to density orintensity credits evidenced by development rights certificates in thenumber established by this section. Once development rightscertificates are issued, the preservation areas from which thecredits transfer, shall not be developed.

3. An applicant who desires to obtain development rights certificatesfor density or intensity credits shall submit an application to thePOD with a certified survey, mean high water survey (ifapplicable), and site plan showing the geographical boundariesand location of the preservation area from which development isto be transferred. The site plan and survey shall be drawn tosuitable and accurate engineering scale not smaller than one inchequals 50 feet.


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4. An application to remove credits from a preservation area shallbe reviewed by the EDC. The EDC may remove credits and issuedevelopment rights certificates with the condition that theapplicant shall guarantee the preservation of the preservationarea in the manner designated by the POD. Such guarantee shallbe by one of the following methods:i. Conveying fee simple title to the City, with the approval of

the City.ii. Execution and recordation of appropriate deed restrictions

and covenants running with the land to provide for thepreservation of the land as natural open space.

iii. Execution and recordation of an appropriate easement oreasements or a 99-year lease, with the approval of theCity, granting the City the exclusive use of the land forpurposes consistent with preservation as natural openspace.

iv. Convey an interest (i.e.: fee simple, lease, easement, etc.)to a County, State, or federal government or other entitycommitted to the preservation of the land which interest,entity must be acceptable to the City.

Documents evidencing all title transfers, covenants, deed restrictions,easements and leases, etc. must be in a form acceptable to andapproved by the City Attorney.

(4) Transfers of development rights certificates.

a. An owner of development rights certificates, who is properly registered asan owner with the City and who wishes to use the credits evidenced by thecertificates to transfer density or intensity to a parcel of land, shall makeapplication for such transfer and use of development rights on the parcelin accordance with the requirements of the parcel's zoning district andother City ordinances. The owner of the parcel must have the approvalof the EDC before density or intensity credits may be used.

b. A current register of available development rights certificates that havebeen authorized shall be maintained by the POD.

c. Development rights certificates may be sold, transferred or conveyed fromone person to another. Certificates indicating the number of units, oramount of FAR owned by each owner will be issued by the City. Beforenew certificates may be issued, old certificates shall be returned to thePOD.

(e) Mitigation.

(1) The purpose of mitigation is to maintain the value of environmentalsystems by avoiding, minimizing or compensating for any adverse changein conditions or loss of resources in preservation areas. For the purposes


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of this section the term "mitigation" means an action or series of actionsthat will offset the adverse impacts on preservation areas. Recognizingthat larger environmental preservation areas provide higher qualityhabitat value, preference and priority will be given to mitigation projectswhich create larger preservation areas or increase the size of existingpreservation areas.

(2) The property owner shall mitigate the impacts of any activity that resultsin a loss of any portion of a preservation area or the environmentalsignificance thereof through the re-establishment, creation orenhancement of an appropriate ecological community. Environmentalsignificance shall be based upon the factors used to designatepreservation areas, including, but not limited to, vegetation, floodhazard, soils and drainage characteristics and the relative functionthereof which and value shall include, but not be limited to, conditionsin the preservation area which benefit water quality and supply, floodprotection, flora and fauna diversity, habitat viability and any othervalues affecting the public interest.

(3) Mitigation shall include, but shall not be limited to, the followingmethods in the order in which they should be used:a. Avoiding the impact altogether by not taking a certain action or

parts of an action; b. Minimizing impacts by limiting the degree or magnitude of the

action and its implementation;c. Rectifying the impact by repairing, rehabilitating, or restoring the

affected environment including removing exotic and nuisancevegetation, replanting or restoring natural drainage patters;

d. Reducing or eliminating the impact over time by preservation andmaintenance operations during the life of the action;

e. Compensating for the impact by replacing or providing substituteresources or environments.

(4) Methods of mitigation must be approved by the POD. The applicant shalldemonstrate compliance with the provisions of this section and all otherCity ordinances. An application for mitigation with the required fee shallbe submitted to the POD.

(5) The following mitigation standards shall apply for any work that resultsin unavoidable adverse impacts to preservation areas:

a. In-kind replacement shall be required for mangroves, salt marshand seagrasses;

b. Replacement lands and/or resources shall be a minimum of a twoto one ratio in the area affected, however where mitigation will


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create larger preservation areas or increase the size of existingpreservation areas the ratio may be 1.5:1 ;

c. A minimum of 85 percent survival of new plantings through atleast one growing season shall be required;

d. The proposal shall be consistent with the Comprehensive Plan andapplicable State and regional policies and regulations;

e. Wherever possible, replacement or restoration shall be locatedwithin the affected drainage basin and connected with existingnative habitat, however preference and priority will be given tomitigation projects which create larger preservation areas orincrease the size of existing preservation areas;

f. The posting of financial guarantees and monitoring may berequired to guarantee the long-term success of the mitigationplan;

g. The plans shall be coordinated with federal, State and regionalagencies and shall be subject to the approval of their permitrequirements.

(6) Mitigation areas shall be designated on the plat as preservation areasand subject to all applicable regulations.

(f) Miscellaneous. The existence of a preservation area shall be evidence of hardship forany variances to yard requirements which may be granted by the EDC.

(g) Wetland protection.(1) In addition to regulation of preservation areas as provided in this article,

these additional regulations are intended to protect the biological andaesthetic values of wetlands from impacts such as siltation,eutrophication, noise and artificial light intrusion and human anddomestic animal intrusion.

(2) Wetlands protected by this article include manmade and natural areaswhich display the soil characteristics and support vegetation specific tosaturation by surface or ground water. Wetlands shall not includestormwater retention ponds. Wetlands shall include areas identified asjurisdictional by regional, State or federal wetland regulations.

(3) The upland limit of wetlands protected by this article shall be thatdetermined by the regional, State or federal agency which identifies thewetland as jurisdictional. If two or more agencies independently establishupland limit lines, the largest area encompassed by the jurisdiction linesshall be the wetland line for purposes of this section.

(4) No wetland alteration will be permitted except to restore indigenousspecies.

(5) If a wetland must be destroyed in such a manner that it may never returnto the natural condition of size (e.g. when a bridge is built), a newwetland of similar potential productivity shall be created within theimmediate area to mitigate the loss. Mitigation shall be at least a 2:1ratio.


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(6) Mitigation and restoration sites shall be recorded as developedpreservation or conservation easements within which no furtherdevelopment will be permitted.

(7) An open space buffer is required between any wetland area and any newor redeveloped structure, parking area or other development. Therequired buffer shall be 15 feet in width. Variances may be granted ifthis width is not necessary to protect the wetland, and may vary basedupon, but not limited to, the following site-specific criteria: vegetation,presence of listed species, topography, adjacent development,stormwater runoff. The buffers shall be shown on the site plan and shallbe preserved during site development using appropriate sediment andvegetation protection barricades.