TABLE OF CONTENTS
ORDINANCE PREAMBLE
ARTICLE I. GENERAL
Section 8-1 Purpose and Intent
A. Environmental Quality
B. Water Conservation
C. Preservation of Existing Vegetation
D. Removal of Nuisance Species
E. Human Values
F. Aesthetics
G. Improved Administration and Enforcement
ARTICLE II.
APPLICABILITY
Section 8-2 Applicability
Section 8-3 Schedule of Fees
ARTICLE III.
LAND CLEARING/VEGETATION PROTECTION AND PRESERVATION
Section 8-4 Specific Intent: Preservation of Existing Native Vegetation
Section 8-5 Protected and Prohibited Landscape Species
A. Protected Species
B. Prohibited Species
Section 8-6 Vegetation Removal Permits, Right-of-way Maintenance Permits, and Landscape Plans
A. Vegetation Removal Permit
B. Right-of-Way Maintenance Permit Required for Work Affecting Trees, Shrubs in Public Places; Supervision
C. Landscape Plan
Section 8-7 Tree and Vegetation Preservation during Development and Construction
A. Erosion Control Measures
B. Vegetation Protection Measures
ARTICLE IV.
GENERAL LANDSCAPING REQUIREMENTS
Section 8-8 Plant Materials
A. Specific Intent
B. Plant Categories
C. Standards for Landscape Materials
D. Appropriate Placement
ARTICLE V.
SPECIFIC LANDSCAPING REQUIREMENTS
Section 8-9 Maintaining Safe Sight Distances for Street Trees and Landscaping Rights-of-way
Section 8-10 Minimum Requirements for Street Trees and Landscaping Within the Rights-of-way
Section 8-11 Minimum Requirements for Developments
Section 8-12 Street Tree Landscape Regulation
A. Single-Family Residential and Duplex Zoning Districts
B. Expansions and Changes
Section 8-13 Buffer Yard Landscape Regulations
A. Applicability
B. Required Buffer Yards
C. Plant Materials
D. Existing Vegetation
E. Walls and Berms
Section 8-14 Lake Edge Landscaping (Reserved)
Section 8-15 Parking Lot Landscape Regulation
A. Applicability
B. Interior Plantings
C. Perimeter Screening
Section 8-16 Loading Area Landscape Regulations
Section 8-17 Alternate Methods of Compliance
A. Stormwater Retention/Detention Facilities as Landscape
B. Pre-Existing Parking Lot Landscape Requirements
C. Pre-Existing Parking Lots and Off-Site Alternatives
D. New Development Costs for Off-Site Preparation, Installation and Maintenance
E. Pre-existing Parking Lot and Structures Where Landscape Improvement Costs Exceed Thirty Percent (30%) of Construction Proposed for Site
ARTICLE VI.
SPECIFIC IRRIGATION REQUIREMENTS
Section 8-18 Irrigation Standards
A. Irrigation System Required
B. Preserved Ecological Communities
C. Zoning of Irrigation Systems
D. Automatic Irrigation Systems
E. Elimination of Overthrow Onto Non-Pervious Areas
F. Control Systems
G. Greywater Use Mandated
ARTICLE VII.
MAINTENANCE
Section 8-19 Maintenance
A. Maintenance of Natural Plant Communities
B. Maintenance of Irrigation Systems
C. Wall Maintenance
D. Replacement Requirements
E. Pesticide Regulation Compliance
F. Duty to Trim, Remove when Threatening Public Places
ARTICLE VIII.
ENFORCEMENT
Section 8-20 Certificate of Occupancy
Section 8-21 Appeal
Section 8-22 Violation and Penalties
A. Violations
B. Penalties for Violations
ARTICLE IX.
DEFINITIONS
Section 8-23 Definitions
ORDINANCE SUFFIX AND SIGNATURE PAGE
ORDINANCE NO. 863
AN ORDINANCE OF THE CITY OF MAITLAND, FLORIDA, REPEALING CHAPTER 8 AND CHAPTER 19 OF THE MAITLAND CITY CODE; ADOPTING A NEW CHAPTER 8, LANDSCAPE, STREETSCAPE, TREESCAPE, OF THE MAITLAND CITY CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Maitland's Comprehensive Plan directs the City to ensure adequate vegetative buffers for development, to include streetscape design for environmental and economic purposes, to ensure that a tree canopy program is in place for residential and non-residential development and roadways, to develop a program of water conservation, and to protect natural vegetative communities; and
WHEREAS, the Planning and Zoning Commission, sitting as the Local Planning Agency and Land Development Regulation Commission (hereinafter: the "Commission"), has held a public hearing on December 3, 1992, and work sessions on October 15, 1992, November 5, 1992, and October 18, 1994 for this proposal to create a new chapter revising existing landscape, streetscape, and treescape requirements; and
WHEREAS, the Planning and Zoning Commission, at its meeting on February 4, 1993, has recommended an updated chapter of Landscape, Streetscape, Treescape regulations to achieve an economical and environmentally sensitive development pattern in the City; and
WHEREAS, the Commission reported its recommendations determining that the proposed chapter on Landscape, Streetscape, Treescape regulations is consistent with the 1991-2010 Maitland Comprehensive Development Plan (hereinafter: the "CDP"); that the proposed code will further the objectives and policies in the CDP and will implement the CDP; that the revised development regulations are needed and justified due to changing conditions in the City and the need to more fully implement the goals, objectives and policies set forth in the CDP; that the revised development regulations will at a minimum promote the regional and community public health, safety, welfare, economic order, and aesthetics, among other findings; and
WHEREAS, after public hearings on March 22, 1993, April 12, 1993, and January 23, 1995, the City Council concurs in the findings of the Commission.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MAITLAND, FLORIDA, that:
SECTION 1. That the existing Chapters 8 and 19 of the Maitland City Code are hereby deleted in their entirety.
SECTION 2. That a new Chapter 8 of the Maitland City Code is hereby adopted to read as follows:
CHAPTER 8. LANDSCAPE, STREETSCAPE, TREESCAPE
ARTICLE I. GENERAL
Section 8-1 Purpose and Intent
The regulations established in this Chapter are intended to implement the City of Maitland's Comprehensive Development Plan. It is the intent of the City of Maitland to promote the health, safety, and welfare of existing and future residents, property owners and visitors to the City by establishing minimum standards for the protection of natural plant communities, and the installation and continued maintenance of vegetative areas within Maitland. The Regulations in this Chapter will achieve the following:
A. Environmental Quality: The requirements improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including: (1) improving air and water quality through such natural processes as photosynthesis and mineral intake; (2) maintaining permeable land areas essential to surface water management and aquifer recharge; (3) reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation; (4) promoting energy conservation through the creation of shade, reducing heat gain in and on building or paved areas; (5) reducing the temperature of the microclimate through the process of evapotranspiration; (6) reducing erosion caused by construction, neglect or overuse of land by binding soil particles and holding the soil together against the effects of wind and water; and (7) encouraging the conservation of limited fresh water resources through the use of site-specific plants and various planting and maintenance techniques.
B. Water Conservation: The requirements promote conservation of potable and non-potable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials and controlled irrigation systems.
C. Preservation of Existing Vegetation: The requirements preserve existing natural vegetation and incorporate native plants, plant communities and ecosystems into landscape.
D. Removal of Nuisance Species: The requirements eradicate or control certain exotic plant species which have become nuisances because of their tendency to damage public and private works, to have a negative effect upon public health, or to disrupt or destroy native ecosystems.
E. Human Values: The requirements provide direct and important physical and psychological benefits to human beings through the use of landscaping to reduce noise and glare, and to break up the monotony and soften the harsher aspect of urban development.
F. Aesthetics: The requirements improve the aesthetic appearance of commercial and residential areas through the incorporation of cultivated open space into development in ways that harmonize and enhance the natural and built environment.
G. Improved Administration and Enforcement: The requirements establish procedures and standards for the administration and enforcement of this Chapter, integrated and consistent with other provisions of the City Code.
ARTICLE II. APPLICABILITY
Section 8-2 Applicability
This Chapter applies to all properties within the incorporated municipal boundaries of the City of Maitland, Florida. No permit shall be issued for building construction or tree removal unless the property subject to the request complies with the provisions hereof or is accompanied by an approved landscape plan to meet the provisions hereof; and no certificate of occupancy shall be issued until the requirements herein are met; and it shall be unlawful to occupy the premises unless the landscaping is installed and maintained in accordance with the approved landscape plan and the requirements hereof or an approved improvements schedule and agreement are executed. Nothing in this Chapter shall be construed to release any property in the City from complying with all applicable regulations of Orange County, or of any State or Federal regulation.
Section 8-3 Schedule of Fees
The City Council shall establish by resolution a schedule of fees, charges and expenses for administering this Chapter. Until all applicable fees, charges and expenses have been paid, no action shall be taken on any application required herein.
ARTICLE III. LAND CLEARING/VEGETATION PROTECTION AND PRESERVATION
Section 8-4 Specific Intent: Preservation of Existing Native Vegetation
The protection of existing native vegetation and plant communities in the City is encouraged to promote water and energy conservation, to reduce erosion and provide harmony between the built and natural environment. A preservation detail or landscape plan is required by the City to illustrate how the existing vegetation and plant communities are incorporated in the development plan, consistent with the provisions of this chapter. Areas of existing native plant communities specified to remain preserved shall be indicated on the landscaping plan or preservation detail. Existing native plant communities that are specified in an approved landscape plan or preservation detail to remain shall be preserved in their entirety, with all trees, understory, and ground covers left intact and undisturbed. Furthermore, protection of the existing vegetation during construction is required as set forth in this Chapter.
Section 8-5 Protected and Prohibited Landscape Species
A. Protected Species: All plant species considered Endangered or Threatened as defined by this Chapter, and amended on occasion, shall be hereinafter referred to as the Protected Plant List and shall not be removed from any site without approvals from all federal and state agencies.
1. Endangered Species: Endangered plants means species of plants native to the State of Florida that are in imminent danger of extinction within the state, the survival of which is unlikely if the causes of a decline in the number of plants continue, and includes all species determined to be endangered pursuant to the rules of the State of Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Chapter 5B-40, F.A.C., as amended.
2. Threatened Species: Threatened plants means species native to the State of Florida that are in rapid decline in number of plants within the state, but which have not decreased in such number as to cause them to be endangered and includes all species determined to be threatened pursuant to the State of Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Chapter 5B-40, F.A.C., as amended.
B. Prohibited Species: Specific plants are unacceptable for use due to a number of factors. Some plants may eventually cause safety or maintenance problems. Other plants are locally objectionable or serve as hosts to disease or insects affecting other plants and may be ruled unacceptable as deemed necessary. Spine-bearing or poisonous plants can be used only in areas inaccessible to pedestrians. Fruit-bearing or other plants which might become an "attractive nuisance" or dangerous to pedestrians should be avoided unless planted in inaccessible areas. The following plant list shall hereinafter be referred to as the Prohibited Plant List, and the removal of such plants shall be exempt from the permitting process of this code. Furthermore, it shall be unlawful to plant any species on the Prohibited Species List within the city limits including all residential districts.
PROHIBITED SPECIES LIST
| COMMON NAME |
BOTANICAL NAME |
Australian Pine
Brazilian Pepper
Ear Tree
Chinese tallow
Paper Mulberry
Cajeput Tree
Angel's Trumpet
Devil's Trumpet
Chalice Vine
|
Casuarina cunninghamia
Schinus terebinthifolius
Enterolobium cyclocarpumes
Sapium sebiferum
Broussonetia papyrifera
Melaleuca quinquenervia
Datura Brugmansia
Datura Metaloides
Solandra nitida
|
Section 8-6 Vegetation Removal Permits, Right-of-way Maintenance Permits, and Landscape Plans
A. Vegetation Removal Permit
1. Applicability: Unless otherwise provided in this section, no person, corporation, association, public agency, or agent or employee thereof, shall effectively destroy or remove vegetation from any property within the City without first obtaining a vegetation removal permit from the Building Official. Vegetation removal permits, whether or not sought in conjunction with building permits, shall be obtained by making application on a form prescribed by the City, prior to the removal, relocation or replacement of vegetation from or on the following types of property:
a. All vacant or undeveloped sites, or;
b. All land currently zoned for agricultural and proposed for bona fide agricultural purposes as defined in this Chapter, or;
c. All developed sites. Developed single-family and duplex sites shall be exempt from the provisions of this code, or;
d. All rights-of-way, public or private. The City of Maitland is exempt from this provision.
e. Any clearing of vegetation from the littoral zone; properties which meet the minimum requirements established in this Chapter for planting in the littoral zone, however, and will preserve a minimum seventy-five percent (75%) of the littoral zone or twenty-five feet (25'), whichever is greater, shall be exempt from this provision.
In the event that any vegetation shall endanger health, safety or property, and require immediate removal without delay, verbal authorization may be given by the City and the vegetation removed without obtaining a written permit as herein required. Such verbal authorization shall later be confirmed in writing by the City. Applicants for permits shall be entitled to and may be required to demonstrate by means of a landscape plan that an improvement or betterment of the environment can be accomplished over the existing site conditions, if landscaping and tree planting improvements are installed in accordance with the landscape plan and existing trees and vegetation are removed. If such a landscape plan is approved by the City, no Certificate of Occupancy shall be issued to the site until the work is completed as specified on the approved landscape plan. In the event the proposed landscaping improvements are not being done in conjunction with a proposed structure requiring a certificate of occupancy, the applicant shall guarantee by adequate bond or other means acceptable by the City the faithful adherence and completion of such landscape plan. All work performed shall be consistent with the approved vegetation removal permit and landscape plan.
2. Issuance and Conditions of Permit: Once the information provided in the application for vegetation removal permit is deemed adequate as to form and content by the City, admission to grant or deny the vegetation removal permit with or without conditions shall be made by the City. The City shall render its decision only after the approval of the applicable site plan review or other development approval process, building permit and/or landscape plan. Vegetation removal permits under this section shall be issued where a tree, due to natural circumstances, is no longer viable, is in danger of falling, is too close to existing structures so as to endanger such structures, interferes with utility services, creates unsafe vision clearance or constitutes a health hazard; where the affected vegetation will be relocated, replaced with a suitable substitute tree or otherwise preserved; and where in consideration of the factors set out in this Code, the City determines that the issuance of the permit is justified.
As a condition to the granting of a vegetation removal permit under this section, the applicant shall be required to relocate vegetation which would otherwise be destroyed to another location upon the site, or to replace vegetation which will be destroyed with suitable replacements elsewhere within this site. A relocation plan, if applicable, shall be approved as part of the landscape plan and the manner of relocation shall be as approved by the City. In determining the required relocation, replacement or root-pruning of vegetation, the City shall consider the needs of the intended use of the property, including all lands dedicated to public use together with an evaluation of the following:
a. Existing vegetative coverage on the site and in the immediate surrounding area.
b. Quantity, type, size (DBH) and condition of vegetation to be removed on the entire site.
c. The feasibility of relocating the particular vegetation.
d. Topography and drainage of the site.
e. The type, size and condition of the replacement vegetation.
f. The nature of the existing and intended use of the property.
Upon approval of an application made under this section and the payment of the required fee, the City shall issue a permit therefore. With each such permit the City shall issue a permit card which shall bear all pertinent information thereon. Such card shall be maintained in a conspicuous place on the front of the premises affected thereby and shall be covered with plastic or glass during the entire time that the work authorized by the vegetation permit is in progress.
3. Time Limits: A vegetation removal permit issued under this section shall expire and become null and void if work authorized by such permit is not commenced within forty-five (45) days from date of the permit or if such work when commenced is suspended or abandoned at any time for a period of fourteen (14) days. If work has commenced and the permit becomes null and void or expires because of lack of progress or abandonment, a new permit covering the proposed tree removal activity shall be obtained before proceeding with the work. In addition, the applicant must notify the City Building Official at least forty-eight (48) hours in advance of the removal or relocation work before work may begin. This provision shall not be applicable when said work is halted due to legal action by the City against the permittee. A final inspection is required upon completion of all work and shall be requested within forty-eight (48) hours of completion.
B. Right-of-Way Maintenance Permit Required for Work Affecting Trees, Shrubs in Public Places; Supervision: Unless performed by the City, no tree planting, removal, surgery, cavity-filing, trimming or spraying shall be done on any tree or shrub within any public right-of-way or on any property owned by the city without first obtaining a permit for such work from the Building Official. No tree or shrub shall be trimmed by or under the direction of any public utility company for any purpose without possession of such a permit from the City. Such tree and shrub work shall be done under the supervision of the City.
C. Landscape Plan
1. Applicability: A landscape plan is required for any vegetation removal permit which includes property in excess of an acre in size and the property is zoned for other than single-family residential or duplex uses. Likewise, the Building Official may require a landscape plan for permits which incorporate a combination of trees and shrubs for areas in excess of ten thousand (10,000) square feet and the landscape plan would clarify the intent of the applicant. Furthermore, an applicant may choose to submit a landscape plan to clarify the request for vegetation removal, maintenance or improvement. Finally, a landscape plan is required for any new constructuion or structural expansion. Single-family residential or duplex uses are exempt from this provision, except for the subdivision of land.
2. Required Contents: The landscape plan shall be drawn at a noted scale of at least 1"=30'. The landscape plan shall clearly identify the following:
a. Type, caliper and character of existing trees greater than 6" DBH.
b. Proposed landscape areas, including berms and buffers (reference species type, dimensions and character at planting, as well as spot elevations and contours for berms);
c. Location, height and material for walkways, fences, walls and other manmade landscape features;
d. Existing vegetation to be preserved (reference species type, dimensions and character);
e. Relocation and/or preservation management process, if applicable;
f. Irrigation plan; and
g. North arrow.
The City may require additional information as is necessary to evaluate the application.
3. The landscape plan must be prepared by and signed and sealed by a landscape architect registered in the State of Florida. Properties less than one acre in size where proposed expansion is less than 25% of the existing structural square footage or where total landscape improvements are estimated to cost less than $5,000 (including installation) are exempt from this provision. Likewise, properties less than one-half acre in size are exempt from this provision.
Section 8-7 Tree and Vegetation Preservation during Development and Construction
A. Erosion Control Measures: Site work for new construction, rehabilitation and maintenance generally include clearing of ground cover and other vegetation. Once soil is exposed, it is susceptible to erosion and sediment transport. If left unchecked, siltation can develop in culverts, swales, ditches and other drainage facilities and eventually impede or completely block flow. Another problem associated with siltation is degradation of water supply and loss of top soil.
The best way to avoid erosion and siltation problems is to prevent them from occurring. This requires forethought prior to construction. Erosion and sediment control planning shall be incorporated in any project site plans. Control of project construction water, selective clearing, and timely stabilization of newly finished work should also be included.
B. Vegetation Protection Measures: During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the City, before occupancy or use unless approval for their removal has been granted under permit.
1. Installation Of Barriers: All protection barriers shall be installed and maintained for the period of time beginning with the commencement of any land clearing or building operations and ending with the completion of the permitted development.
2. On-Site Representative Required: The applicant for a vegetative removal permit shall, at the time of application, designate an on-site representative who will be responsible for the installation and the maintenance of all tree protection barriers. The representative shall be responsible for supervising the removal of all existing vegetation permitted to be removed. The representative shall be on-site at all times during the vegetation clearing operations.
3. Protection of Existing Trees:
a. Barrier Required: When the retention of single trees or groups of trees are required by this Chapter, a protective barrier, similar to that require in "4" above, shall be placed around the tree(s) and signed to prohibit storage and harmful activity, with the means of protection subject to City approval. A preservation detail and description of the method to be used shall be submitted with the vegetation removal permit, if applicable, or building permit.
b. Filling and Construction Debris: During construction, unless otherwise authorized by the vegetation removal permit, preservation detail or landscape plan, no excess soil, additional fill, vehicles, equipment, liquids, or construction debris, shall be placed within the dripline of any vegetation that is required to be preserved in its present location.
c. Excavation: Unless otherwise authorized by the vegetation removal permit, no soil is to be removed or added within the dripline of any tree that is to remain at its original location.
ARTICLE IV. GENERAL LANDSCAPING REQUIREMENTS
Section 8-8 Plant Materials
A. Specific Intent: The use of plant material enhances environmental quality by improving air quality, reducing heat gain on surface areas, and reducing erosion. Likewise, it promotes human values and the appearance of the City. Therefore, the use of synthetic lawns, outdoor carpeting, Astroturf, etc. shall not meet any requirements of open space or landscaped areas for this Chapter, nor shall the use of synthetic plants meet any of the requirements of this Chapter. Furthermore, no synthetic plants can be used to meet the requirements for buffering or screening. The use of native and drought tolerant species is strongly encouraged. After initial watering period, reduced irrigation time schedule will result in lower water consumption and cost savings.
B. Plant Categories
1. Shade/Canopy Tree: Shade/canopy trees shall be a minimum overall height of twelve feet (12'), with a minimum of five feet (5') of clear trunk immediately after installation. A shade or canopy tree shall reach a minimum height of thirty-five feet (35') and a minimum canopy spread of twenty-five feet (25') at maturity. This category shall constitute forty percent (40%) minimum of the total trees required on the site.
2. Intermediate Tree: Intermediate trees shall be a minimum overall height of ten feet (10') and a minimum of four feet (4') of clear trunk immediately after installation. An intermediate tree shall reach a minimum height of twenty feet (20') and a minimum canopy spread of fifteen feet (15') at maturity. This category shall constitute thirty percent (30%) minimum of the total trees required.
3. Small Tree: Small trees shall be a minimum overall height of eight feet (8') immediately after installation. This category shall constitute no more than twenty percent (20%) of the total trees required.
4. Palms: Palms shall have a minimum of six feet (6') of clear wood and shall constitute no more than thirty percent (30%) of the total trees required. Palms must have a minimum twelve feet (12') height. A grouping of three (3) palm trees will be the equivalent of one (1) required canopy tree. No more than forty percent (40%) of the shade/canopy tree requirements can be replaced with palms.
5. Existing Tree Credit: It is the intent of this Chapter to ensure the successful retention of existing native species. Therefore, trees required to be planted or preserved by this Chapter may be used to satisfy the following requirements of this or other codes:
a. Interior of vehicular use areas
b. Perimeter of vehicular use areas
c. Perimeter buffers
d. Trees required to be planted or preserved by this section shall not be used outside the property lines of the subject site, unless specifically permitted in this Chapter.
No credit will be allowed for any tree proposed to be retained if there is any encroachment within the area required by the City to be protected or if the tree is unhealthy or dead, as determined by the City. An encroachment is defined as any change in the natural grade, construction of any impervious surfaces, trenching or excavation, storage of equipment, materials or earth and the temporary or permanent parking or circulation of vehicles or equipment. Any tree maintained for credit in compliance with this article shall be given credit against the landscape area requirements of this Chapter to the following schedule:
Large Tree........6" +DBH....... 400 square feet
Intermediate Tree.3" +DBH........ 200 square feet
Small Tree........1 1/2"DBH...... 100 square feet
Preservation of groups of trees is also encouraged, with both the tree size and land area preserved for credit in compliance with this article to be given credit against the land area requirements of this Chapter.
6. Shrubs
a. Planting standards: When required to be planted by this Chapter or other City regulation, shrubs or hedges shall be a minimum of thirty inches (30") in height and have a spread of eighteen to twenty-four inches (18" - 24") immediately upon planting, and typically spaced thirty inches (30") on center. Spacing of individual plants shall depend upon the type of hedge material used and is subject to the approval of the City. Hedges shall be of evergreen species and shall form a solid continuous visual screen of at least three feet (3') in height within one (1) year after the time of planting. When shrubs are used as a visual buffer around vehicular use areas, they shall be maintained as a solid continuous visual screen of at least four feet (4') in height within two (2) years after the time of planting and thereafter. As an exception to this provision, where the shrubs are planted in the required front yard of a residential zoning district or in a visibility triangle as defined in the City regulations, or when planted in the interior parking lot planter islands, shrubs shall not exceed a height of thirty inches (30").
b. Exceptions and substitutions from this regulation may be reviewed and approved by the City in order to promote the use of slow growing or native plant materials or to promote safety.
c. When shrubs are used as a visual buffer around vehicular use areas, the height of shrubs at installation shall be measured from the vehicular use area pavement surface. No hedge shall constitute any obstruction to visibility.
7. Vines: Vines shall be a minimum of thirty inches (30") in supported height immediately after planting, and may be used in conjunction with fences, visual screens or walls to meet landscape buffer requirements as specified, as long as the structure is maintained consistent with City regulations.
8. Ground Covers: Ground covers shall be planted with a minimum of fifty percent (50%) coverage with one-hundred percent (100%) coverage occurring within two years.
9. Lawn Grass: Grass areas must be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Sod pieces shall be neatly mowed. Damage or breakage shall not occur when pieces are picked up by one end. Grass seed shall be delivered to the job site in sealed bags with Florida Department of Agriculture tags attached. Seed, where used, shall be of a variety that will produce complete coverage within ninety (90) days from sowing. Where other than solid sod or grass seed is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.
C. Standards for Landscape Materials
1. Minimum Quality Standards: All plant materials shall be a minimum of Florida Number One as defined in Grades and Standards Revised, Part II, as published by the Florida Department of Agriculture and Consumer Services. Exceptions and substitutions from this regulation may be reviewed and approved by the City in order to promote the use of slow growing or native plant materials. The plant species identified in the St. Johns River Water Management District's Xeriscape Plant Guide, pages 18 through 28, inclusive, and as amended from time to time, may be used to meet the requirements of this code.
2. Minimum Planting Standards: All plant installation shall meet the requirements established in the American Standard for Nursery Stock as published by the American Association of Nurserymen, Inc., 1973 edition.
3. Requirements for Diversity: When more than five (5) trees per category are required to be planted to meet the requirements of this code, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted are indicated in the table below:
Required Trees
5-10
11-35
36-50
|
Minimum Species
2
3
4
|
One (1) additional tree species for each additional fifty (50) trees.
4. Mulches: The use of organic mulches reduces the growth of weeds and adds nutrients to the soil, and retains moisture over the root zones of plant materials. A minimum of two inches (2") of organic mulch should be placed over all newly installed tree, shrub and ground cover planting areas. This requirement excludes annuals and plants that are susceptible to fungus. A weed mat may be used to decrease the mulch depth, as approved by the City. Measurement for mulch depth shall be for a settled mulch condition.
D. Appropriate Placement: Plants used in the landscape design shall meet specific cultural requirements for healthy plant growth, for instance:
1. Plant materials installed, in locations where the predominate soil type is well draining sands, such as on a berm, should be able to tolerate reduced water conditions;
2. Plant materials installed around retention/detention ponds or in swales should be able to tolerate wet conditions caused by poorly drained soils; and
3. Plant materials installed in locations where the predominate soil types is marly, mucky, has a hardpan layer or is one of many other poorly drained soils, shall be able to tolerate wet conditions.
4. Plant materials shall be compatible with the expected level and intensity of sun, wind, and temperature exposure.
ARTICLE V. SPECIFIC LANDSCAPING REQUIREMENTS
Section 8-9 Maintaining Safe Sight Distances for Street Trees and Landscaping in Rights-of-way
On a corner lot, nothing shall be planted, placed or allowed to grow in such a manner as materially to impede vision, which constitutes hazardous conditions for vehicular or pedestrian traffic, between a height of two and one-half feet (2 1/2') and ten feet (10') above the top of the curb of the intersection streets in the areas bounded by the street right-of-way lines and a line joining points along said street right-of-way lines twenty-five feet (25') from the point of intersection on minor (local, local collector) and collector streets, and fifty feet (50') on arterial streets. Likewise, for all properties other than single-family residential or duplexes, the area of restricted planting and maintenance shall be bounded by the street right-of-way and driveway ingress and/or egress edge of pavement lines (or a line perpendicular to the street right-of-way at its intersection with the edge of the driveway access) and a line joining points along said street right-of-way line and driveway access edge fifteen feet (15') from the point of intersection For these areas, no plant material other than tree trunks shall be located between two and one-half feet (2 1/2') and ten feet (10') in height as measured from the top of the curb, if applicable, or edge of pavement nearest intersection area. Landscaping, except required turf and ground cover, shall be maintained with a twelve-inch (12") clearance from the edge of any sidewalk or access way pavement, and all vegetation shall be maintained to provide a minimum clearance of eight feet (8') over sidewalks and fourteen feet (14') over streets.
Section 8-10 Minimum Requirements for Street Trees and Landscaping Within the Rights-of-way
When a developer is required by this Chapter to incorporate trees into areas designated as the medians or rights-of-way, special permits are required. Permit application forms shall be prepared and made available to applicants by the Building Official. The City shall have the final authority to approve or disapprove of the location of plants and landscaping with respect to safe and proper engineering practices. The Permittee, or his successor in interest, shall be responsible for the standard horticultural practices of all landscaping and shall keep the area free of debris. Those species whose roots are known to cause damage to pavement or utilities shall not be planted closer than four feet (4') to a public street or utility structure unless an approved root barrier structure is installed.
Section 8-11 Minimum Requirements for Developments
Multi-family Residential, Office and Commercial Guidelines
1. Trees, turf, ground cover, shrubs and landscape materials (e.g., mulches, stone, etc.) shall be installed to cover all ground not covered by building and paving or preserved ecological communities.
2. A minimum of one (1) tree and ten (10) shrubs shall be planted or preserved for every two thousand five hundred (2,500) square feet of site area, excluding only areas of vegetation required to be preserved by law.
Section 8-12 Street Tree Landscape Regulation
Single-family residential and duplex uses shall provide a street landscape area along any existing or proposed public street rights-of-way adjacent to or adjoining the property except for those portions of the lot used for driveways.
A. All Zoning Districts, Including Single-Family Residential and Duplex Zoning Districts: The required minimum street landscape area shall be five feet (5') wide as measured perpendicular to the recorded public street right-of-way. If right-of-way width is adequate, trees may be planted in the right-of-way subject to applicable City regulations. One (1) shade/canopy tree per fifty (50) linear feet of road frontage is required.
B. Expansions and Changes: Any additions, renovations or expansions to a property which improvement is valued at two thousand dollars ($2,000) or higher shall meet the requirements of this section before a Certificate of Occupancy may be issued.
Section 8-13 Buffer Yard Landscape Regulations
Buffer yards shall be provided and maintained when certain land uses are adjacent to or directly across from each other in order to protect these land uses from the traffic, noise, glare, trash, activity, vibration, odor, visual disorder, and other harmful or noxious effects likely to be emitted by or associated with a more intense land use. Buffer yard regulations are also required to prevent adverse community appearance, to protect the character of the area and to conserve the values of buildings and land. Buffer yards of different depths and minimum planting densities are required depending upon the proposed and adjoining uses and the adverse effects which the proposed land uses have on the adjoining land uses. Suitable species and varied heights of plants shall be used to effectively break up and absorb sound.
A. Applicability: Buffer yard requirements are to be applied to any new use of land or change in type of occupancy. They also apply to expansions or additions of the floor area and/or land surface area. Overlapping of buffer yards with each other or with vehicular surface area landscape regulations is not intended to be cumulative but the most intensive requirements shall apply for these instances. This section shall also apply to uses separated by right-of-way where the right-of-way is less than sixty feet (60') in width. In this instance the adjoining use shall be the use across from the right-of-way. Where right-of-way is sixty feet (60') or more in width, the right-of-way shall be deemed the adjoining use.
B. Required Buffer Yards:
1. Adjacent Vacant Residential: One hundred percent (100%) of the required buffer yard is necessary if the developing property is adjacent to a residential zoning district.
2. Adjacent Vacant Non-Residential: If the developing lot is adjoining a lot that is vacant and not zoned for residential uses, then a minimum of fifty percent (50%) of the buffer yard requirements for depth is required.
3. Buffer Yard Depth and Intensity Requirements: Chart A: Minimum Depth and Intensity Categories for City of Maitland Buffer Yards, and Chart B: Buffer Yard Requirements, City of Maitland, are hereby adopted as the minimum buffer yard categories and requirements for the City. To determine the required yard category for a site, Chart A assigns the proposed land use category on the top horizontal row, from which the adjoining use category may be determined on the vertical row. The point of intersection determines the appropriate buffer category (A,B,C,D or NONE) for that property boundary. The buffer yard category shall be determined for each property border using this method.
Chart B determines the minimum depth and planting intensities (minimum number of trees and shrubs required for each one hundred (100) linear feet of property boundary or portion thereof) for each category. The left hand row indicates the depth of the required yard. Each category has a minimum required depth, with a potential increase to fifty feet (50'). The columns are assigned the minimum number of shrubs per one hundred (100) linear feet of property line and a minimum number of trees per one hundred (100) linear feet. A line is assigned to each category, which line represents the minimum depth and intensity requirements for each category. The dashed part of each line represents the minimum depth for each category and the solid portion of the line represents the built-in relationship whereas a greater depth for the buffer permits less shrubs and a greater number of trees to be planted. The maximum buffer depth permitted is fifty feet (50').
Click Here to see Charts A and B
4. Buffer Yard Selection and Application: An applicant shall clearly delineate the buffer yards selected on the landscape plan. The buffer depth may vary along property lines as long as the total square footage of the selected buffer yard meets or exceeds the required yard area required for the total site and the depth is not reduced below the minimum where impacts are deemed to require a visual screen. The buffer depth selection shall be subject to the approval of the City.
C. Plant Materials
1. Trees shall be spaced a maximum of thirty feet (30') on center and a minimum of ten feet (10') on center.
2. All required shrub plantings for the buffer yards shall form a solid continuous visual screen of at least six feet (6') in height within one (1) year after planting, except for plantings within the visibility triangles defined in Section 8-8 or within the required front yards of residential zoning districts, consistent with Chapter 21 of the Maitland City Code, in which the height shall be maintained at thirty inches (30") within one (1) year of planting.
D. Existing Vegetation: Existing vegetation which meets or exceeds the quantity, spacing, and height standards, may be used to satisfy the requirements of this Chapter, provided that there are no encroachments as defined in this Chapter. Supplemental native shrubs may be required, however, if it can be reasonably inferred that after two (2) years, the existing vegetation will not continually provide a year-round foliage screen between properties from the natural grade to six feet (6') above grade, as required in this Section.
INSERT CHART A E. Walls and Berms: A wall, berm, or other landscape barrier may be located within the perimeter landscape strip to meet the minimum six (6) foot height requirement. However, no six (6) foot hedge, wall, berm or combination thereof may be placed or maintained within the front yard of a residential zoning district according to zoning code requirements or within a sight distance triangle.
1. Wall: A solid masonry wall may be used to meet the requirements of this Chapter, where the buffer area required exceeds twenty percent (20%) of the lot area. Solid masonry walls shall be compatible, in terms of texture and quality, with the material and color of the principal building. Trees shall be planted between the wall and adjoining property line at the same minimum ratio as No. 3 below. If a solid wall is erected, the depth of the buffer yard may be reduced by one-half. At no time, however, shall the buffer yard be reduced by more than one-half.
2. Berms: Berms may be used only when installed in conjunction with sufficient plant materials to satisfy the provisions of the Chapter. Any berms installed in a buffer yard shall have a minimum height of two feet (2') and a minimum crown width of two feet (2') and a stabilized side slope shall not exceed a ratio of 4:1. If a berm is installed, the width of the transitional protective yard may be reduced by twenty-five percent (25%). To optimize the height of the earthen berms, the use of right-of-way is permissible with City approval. Berms shall be landscaped such that no less than thirty percent (30%) of the raised area planted is a combination of trees, shrubs, hedging and/or ground covers, the remainder to be sodded. The berms shall be constructed in a curvilinear manner to present a natural attractive appearance from the street.
3. Berms and Walls in Combination: A wall may be located between the berm and the higher intensity use (intensity is measured from right to left and top to bottom on Chart A, with single-family uses the least intensive and Commercial/Offices 100,000+ gsf the most intensive). At least twenty percent (20%) of the total plants required shall be located between the wall and the higher intensity use and at least fifty percent (50%) shall be planted between the fence or wall and adjoining property. No credit is allowed for elimination of required trees by installing a wall.
Section 8-14 Lake Edge Landscaping (Reserved)
Section 8-15 Parking Lot Landscape Regulation
A. Applicability: All areas used for display or parking of any and all types of vehicles, boats or equipment, whether such vehicles, boats or equipment are self-propelled on not, and all land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to as "other vehicular uses," including but not limited to activities of a drive-in nature such as, filling stations grocery and dairy stores, banks, restaurants, and the like, shall conform to the minimum landscaping requirements hereinafter provided. The parking lot area is to be measured from the edge of the parking and/or driveway paving and sidewalks, but is not to include any area enclosed by the building or covered by a building overhang, or included as part of the required buffer yard.
B. Interior Plantings: All interior landscaped areas of the parking lot not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs, or other appropriate landscape treatment. Sand or other pavement shall not be considered appropriate landscape treatment. All landscaped areas in or adjacent to a vehicular use area shall be protected from vehicular damage by a raised concrete or other curb of at least six inches (6") in height or wall of at least thirty inches (30") in height. Likewise, the parking spaces, loading areas and service areas shall ensure that no vehicle overhangs encroach the walkways on the site.
1. Interior Landscaping: Interior areas of parking lots shall contain planter islands so as to best relieve the expanse of paving. Planter islands must be spaced no further apart than every one hundred feet (100') and at the terminus of all rows of parking. Planting islands shall be a minimum of five feet in width and must average one hundred and sixty-two (162) square feet in area for single parking rows and three hundred and twenty-four (324) square feet in area for double parking rows.
2. Planter Islands: All required planter islands must contain a minimum of one (1) shade/canopy tree or two (2) intermediate trees for every one hundred and sixty-two (162) square feet or less of area. Trees in the planter islands do not count as credit towards the perimeter trees. The remainder shall be landscaped with shrubs, lawn, ground cover or other approved material not to exceed thirty inches (30") in height.
3. Shrub Requirements: Shrubs shall be required at a minimum rate of one (1) shrub per two hundred (200) total square feet of parking lot area, exclusive of perimeter plantings.
C. Perimeter Screening: All parking lots and vehicular use areas shall be screened from all abutting properties, rights-of-way, and exterior building walls with a wall, hedge or other durable landscape barrier. Any living barrier shall be established in a five (5) foot minimum wide planting strip. A non-living barrier shall be minimum of four feet (4') high. In addition, one (1) tree in each thirty (30) lineal feet or fraction thereof and sixty (60) shrubs for every one hundred (100) lineal feet or fraction thereof shall be provided in the perimeter landscape planting area. The remainder of the required landscaped areas shall be landscaped with grass,ground cover, or other approved landscape treatment excluding paving. All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall meet the requirements for the buffer yard. This shall include any off-property swale between the actual pavement of a public street or alley and the right-of-way/property line.
Provisions of this section may be waived where a proposed parking areas or other vehicular use area abuts an existing hedge, wall or other durable landscape barrier. In this instance, the existing vegetation may be used to satisfy the landscape barrier requirements of this subsection provided that it meets all the provisions of this Chapter for parking lot perimeter screening.
Section 8-16 Loading Area Landscape Regulations
All loading, display with a minimum width of fifteen feet (15') or more, and utility service areas not screened by an intervening building, established after the application date of this Chapter and all pre-existing areas which are required shall be screened from view from any public street rights-of-way for their entire length except for necessary access.
Screening for loading areas may be accomplished by a closed fence or wall which is at least six feet (6') high and is compatible with the principal building. Additional planting materials shall be provided so that no more than two-thirds of the surface area of the closed fence or wall is visible from the street within three (3) years of erection of the structure. The screening may also be accomplished with a natural evergreen plant material which can be expected to reach six feet (6') or greater within two (2) years of planting. Any plant materials used to fulfill these requirements shall be a minimum of four feet (4') in height when planted, and there shall be no gap greater than two feet (2') between plant foliage. Access points to the dumpster must also be screened with gates if it is visible from the road or public right-of-way.
Section 8-17 Alternate Methods of Compliance
A. Stormwater Retention/Detention Facilities as Landscape: Stormwater retention/ detention facilities shall qualify as perimeter or interior landscaping if two or more of the following criteria are met, as determined by the Parks and Recreation Director.
1. The stormwater facility is integrated into the landscape and site design;
2. The side slopes of the stormwater facility are 4:1 or less and the depressions or swales appear as a lawn or landscaped area;
3. The stormwater facility can be used as a passive recreation area;
4. The stormwater facility is designed as an entrance feature to the site development;
5. The stormwater wet retention facility incorporates approved aquatic plants, as listed in Figure 1, page 20.
6. The stormwater wet retention facility includes a water feature such as a fountain or spray jet. Developments that utilize stormwater retention/detention facilities as perimeter or interior landscaping shall qualify for the following incentives:
1. An allowance to encroach up to 50% into the transitional protective yard;
2. Credit for up to 25% of the area to be used in buffer yard or interior calculations;
3. Credit for up to 100% of the permeable area to be used in open space calculations.
Stormwater retention/detention facilities which qualify as perimeter or interior landscape shall be maintained as such.
B. Pre-Existing Parking Lot Landscape Requirements: For sites with pre-existing parking lot improvements, developers are permitted to choose between two design alternatives. The first requires land to be set aside in the form of interior islands and perimeter landscape strips, as established in this Chapter for parking lot landscape. The second design alternative permits the developer to eliminate interior islands where the developer illustrates an increase in tree canopy through increased tree planting. The design option is only available, however, if parking stalls are laid out so that four stalls intersect and five foot by five foot (5'X5') planters (measured as planting area only and not border) are installed between stalls to allow for tree installation. Furthermore, no vehicular encroachment is permitted into landscape areas.
C. Pre-Existing Parking Lots and Off-Site Alternatives: For a pre-existing development which cannot physically accomplish the minimum requirements of the landscape on site and the buffer yard landscape regulations of this Chapter on the site, an alternative plan may be proposed to the City. This would entail the installation of trees, shrubs, other plantings and an irrigation system within the adjacent City rights-of-way, either on the shoulder or within the median, or on specific City properties approved for off-site vegetation. The alternative installation shall not receive credit to exceed twenty-five percent (25%) of the total requirements. A Certificate of Occupancy shall not be issued until the alternative landscape installation is complete and accepted by the City.
D. New Development Costs for Off-Site Preparation, Installation and Maintenance: Whenever the City shall approve the installation in medians or parkway areas within dedicated rights-of-way of landscaping materials, irrigation systems or street lighting fixtures which exceed minimum city standards, it shall be authorized for the city to contract with private persons or firms to maintain such installations. Such contract may authorize the city to contribute to the cost of such maintenance an amount not to exceed the cost which the city would have incurred to provide maintenance of a standard right-of-way of comparable size within its corporate limits, as well as the utility costs which the city otherwise would pay for standard street lighting fixtures; provided, that in no event shall any such contract have a term in excess of five (5) years.
E. Pre-existing Parking Lot and Structures Where Landscape Improvement Costs Exceed Thirty Percent (30%) of Construction Proposed for Site: For properties which are submitting for site (sign, pavement) or structural alterations, expansions or renovations, and where the costs for approved landscape and irrigation improvements required by this Chapter exceed thirty percent (30%) of the proposed site or/and structural improvements, then the property owner may contract with the City to install the required landscape and irrigation improvements over a set time period, such period not to exceed five (5) years from the date of development approval. To qualify for this option, the property owner must execute an agreement with the City outlining the scheduled improvements in a phased plan of improvements. A minimum of twenty-five percent (25%) of the required improvements must be completed prior to issuance of a Certificate of Occupancy. Finally, where off-site mitigation is required, installation of these improvements must also be included in the schedule and agreement. Any such agreement may be approved by the City Manager, with appeal of any decision to be determined by City Council.
ARTICLE VI. SPECIFIC IRRIGATION REQUIREMENTS
Section 8-18 Irrigation Standards
The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society Standards and Specifications for Turf and Landscape Systems (revised June 10, 1988), as amended from time to time. All watering of planted areas should be managed so as to maintain healthy flora, make plant material more drought tolerant, avoid excessive turf growth, minimize fungus growth, stimulate deep root growth, minimize leaching of fertilizer, and minimize cold damage.
A. Irrigation System Required: Irrigation systems, either manual or automatic, must be used for the cultivated landscape areas in multi-family or commercial sites. Temporary irrigation systems shall be required to establish planting areas not intended to be permanently irrigated. Temporary irrigation systems shall be designed on the approved landscape plan.
B. Preserved Ecological Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form.
C. Zoning of Irrigation Systems: Wherever feasible, sprinkler heads irrigating high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas.
D. Automatic Irrigation Systems: Whenever possible, automatic irrigation systems should be operated between the hours of midnight and 7 a.m. Irrigating during these hours reduces fungus growth and loss of water due to evaporation.
E. Elimination of Overthrow Onto Non-Pervious Areas: Landscape irrigation systems shall be designed so that, to the greatest extent practical, water being applied to non-pervious areas is eliminated. Sprinkler heads shall be placed as required to reduce direct overthrow onto non-pervious areas.
F. Control Systems: Any person who purchases and installs an automatic lawn sprinkler system shall install a rain sensor device or switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.
G. Greywater Use Mandated: When greywater lines are made available to areas within the City, all properties within two hundred feet (200') of the available lines shall connect to such system for irrigation purposes within sixty (60) days of after notification to do so by the Director of Public Works. All connections shall be consistent with applicable regulations of the City and other regulatory agencies.
ARTICLE VII. MAINTENANCE
Section 8-19 Maintenance
The owner, occupant, tenant and the respective agent of each, if any, shall be jointly and severally responsible for the maintenance of all landscaping. Landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance at least equal to the original installation and shall be kept free from refuse and debris. Any dead vegetation and landscaping material shall be promptly replaced with healthy, living plantings.
A. Maintenance of Natural Plant Communities: All open space areas that are to be preserved as a natural plant communities shall be cleared a minimum of yearly of all exotic vegetation, lawn grasses, trash or other debris. All natural plant communities shall be managed in order to maintain the plant community for the purpose it was preserved.
1. Required Management Plan: When applicable, the City shall make periodic inspections of the natural areas to verify the owner's adherence to the approved management plan as specified.
2. Mechanical Equipment Shall not be Used: There shall be no use of mechanical equipment in accomplishing the maintenance of preserved plant communities unless specifically authorized in writing by the City.
B. Maintenance of Irrigation Systems: Irrigation systems shall be constantly maintained to eliminate waste of water due to loss of heads, broken pipes or misadjusted nozzles. Repairs or replacements shall be replaced within seven (7) days after notification.
C. Wall Maintenance: Any wall or fence constructed in the City shall be maintained in a good condition on the side visible from public right-of-way or adjoining properties. This includes, but is not limited to, keeping the structure clean of dirt and debris, completely painted or colored with stucco,if masonry, and in good structural repair.
D. Replacement Requirements: Over the life of all installations, the landscape shall be maintained according to good horticultural practices. Vegetation which is required to be planted or preserved by this Chapter shall be replaced with equivalent vegetation if it is not living. Within fifteen (15) days after notification, equivalent vegetation shall be installed according to the minimum requirements established in this Chapter, subject to the approval of the City.
E. Pesticide Regulation Compliance: Persons, corporations, businesses or any others who apply pesticides, and/or any other regulated substances, shall comply with all applicable local, state and federal regulations as amended.
F. Duty to Trim, Remove when Threatening Public Places: It shall be the duty of any private property owner to remove any dead, diseased or dangerous trees or shrubs, or parts thereof, which overhang or interfere with the public sidewalks, rights-of-way or property owned by the City when such trees or shrubs originate on or in front of said private property.
ARTICLE VIII. ENFORCEMENT
Section 8-20 Certificate of Occupancy
The City shall inspect all landscaping and no Certificate of Occupancy shall be issued unless the landscaping meets the requirements herein provided.
Section 8-21 Appeal
Any person or persons or any board, taxpayer, department, or bureau of the City, jointly or severally aggrieved by any decision, administratively by an official of the City or by a Committee or Board of the City, may petition for interpretation to applicable Boards or Committees as outlined in other applicable regulations of the City. For matters not governed by other City regulations, the aggrieved party or parties may petition the City Council to review the decision. The petition for appeal must be filed within thirty (30) days of the written determination subject to the appeal.
Section 8-22 Violation and Penalties
A. Violations: A violation or alleged violation of any requirements of this chapter may be filed by any person(s). A sworn complaint signed by the complainant may be submitted in writing to the City Manager or designee. If the complaint is not transmitted in writing and signed by the complainant, the alleged violation shall be investigated and validated prior to initiation of enforcement procedures. All complaints received shall be recorded.
Upon verification of the legitimacy of the complaint, the City shall forward a notice of violation to the property owner of record as listed in the most current tax rolls from Orange County. It shall cite the section(s) of the code(s) which is alleged to have been violated and allow fifteen (15) days in which to comply with the code. The fifteen (15) days shall be measured from the third day after placing the notification letter by U.S. mail, properly addressed and postage fee paid, return receipt requested. At the conclusion of the fifteen (15) days, a follow-up report shall be forwarded to the Code Enforcement Officer. It shall at a minimum contain the City's interpretation of the code section violated, a copy of the section of the code alleged to have been violated, and any supplemental information which may assist in the disposition of the case. Should the City consider the violation a safety or health concern, then the City may proceed to take the appropriate actions to bring the violation into compliance. The costs of any corrective action taken by the City, including administrative costs, shall be assessed against the owners of the property.
B. Penalties for Violations: Violations of the provisions or failure to comply with any of the requirements therein shall be subject to code enforcement proceedings and penalties set forth in Chapter 5.3, Code Enforcement Board, of the Maitland City Code.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, building contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may individually be found guilty of a separate offense and suffer code enforcement proceedings and penalties set forth herein and in Chapter 5.3.
Vegetation abuse, accidental or intentional, and/or removal from any site without a vegetation removal permit or applicable permit shall subject the owner of said property to a maximum fine of two-thousand dollars ($2,000) for each damaged acre or fraction thereof, to be returned to the City. In addition, after staff review of the damaged site the owner shall be responsible for replacement of twice the equivalent value of the total diameter breast height (DBH) inches of destroyed and damaged trees. All other vegetation removed without a vegetation removal permit shall subject the owner of said property to a minimum fine equal to the replacement value of thirty-five percent (35%) of the removed or damaged understory vegetation. The City may also refuse a building permit, have water service discontinued, issue a stop-work order, or use any combination of measures as penalty for violation of this article.
Nothing herein shall prevent the City from taking such other lawful actions as is necessary to prevent or remedy any violation. For instances where a stop work order has been issued by an authorized agent of the City, and the order is not followed, the violation shall be punished by a fine which shall not exceed five hundred dollars ($500) or by imprisonment in the County jail for a period not in excess of sixty (60) days, or by both such fine and imprisonment. Each and every time a stop work order is issued and not complied with shall constitute a separate violation.
ARTICLE IX. DEFINITIONS
Section 8-23 Definitions
The following terms, when used in this chapter shall be defined to mean:
Annuals. Plants whose entire life lasts one year or growing season.
Berm. Created mound of earth used to enclose or buffer.
Deciduous. Plants whose foliage falls off in autumn or winter.
Dripline. A vertical line run through the outermost portion of the crown of a tree and extending to the ground, provided, however, that the same shall not be less than a ten-foot diameter circle which is drawn from the center of the trunk of a tree.
Encroachment. The protrusion of a vehicle into a vehicular accessway, pedestrian way or landscaped area.
Evergreen. Plants which have leaves all year and are never leafless.
Herbaceous. Green leafy plants with little or no woody tissue.
Littoral Zone. Shoreline area including all land six inches (6") above the normal high water elevation and less to a maximum of three feet (3') of water depth at time of planting.
Native Plants. Plants that grow naturally in Florida and have adapted to the climate, soil, location, and rainfall patterns of their area and as listed in the Xeriscape Plant Guide, St. Johns River Water Management District.
Native Plant Community. A community of native plants including trees and understory plants.
Nutritional needs. Supplemental nourishment that plants must have to grow and thrive.
Perennials. Plants that live through several growing seasons.
Removal. Includes the actual displacement and effective displacement through damaging, even when the plant is to be replanted on the same site.
Shrub. A self-supporting woody species of plants characterized by controlled persistent stems and branches springing from the base. Siltation. Rapid influx of sediment into bodies of water, typically caused by the removal of native ground cover followed by seasonal rainstorms.
Tree. Any self-supporting woody tree-form plants of species which normally grow to a minimum overall height of fifteen feet (15') and have an average mature crown spread greater than fifteen feet (15').
Vegetation. Any tree, shrub, groundcover or living plant species.
Section 3. Severability Clause. In the event that any term, provision, clause, sentence or section of this ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences or sections of this ordinance, and this ordinance shall be read and/or applied as if the invalid, illegal or unenforceable term, provision, clause, sentence or section did not exist.
Section 4. Conflicts. That all ordinances or resolutions or parts thereof, except for provisions of the "1991-2010 Comprehensive Development Plan", which may be determined to be in conflict herewith, to the extent of such conflict, are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective immediately upon adoption.
ADOPTED by the City Council of the City of Maitland, Florida, on the________day of ___, 20____.
CITY OF MAITLAND, FLORIDA, a Florida Municipal Corporation,
By: Robert Breaux, Mayor
Attest:
Donna L. Williams,
City Clerk
Rev. 2/4/92 as recommended by the Planning and Zoning Commission
Rev. 3/14/94 as recommended at City Council Workshop
Rev. 10/18/94 as recommended at City Council/Planning and Zoning Workshop
Landscape Code
Adopted by
City Council
January 23, 1995
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