A. Applicability
1. New Development
Except where expressly provided otherwise in this Code, the requirements in this section shall apply to all new development in the city.
2. Existing Development
i. Any development, other than a single-family dwelling, without an approved landscape plan on record, or that was existing prior to 1974 shall comply with the following retroactive standards.
(A) Sod shall be provided within the right-of-way swale to the edge of the paved travel lane except where in areas the Development Service Director finds are developed as a loading area or provide necessary access to loading or parking areas. One street
tree
per 40 lineal feet of sodded swale area shall be provided. Placement of street trees is subject to prior approval of the City Engineer.
(B) A landscaped area at least five feet wide and containing a continuous hedge or one tree per 40 lineal feet of frontage shall be provided adjacent to a building wall facing a public street, except those parts of such wall providing necessary access to building entrances, loading docks, overhead doors, garages or parking spaces.
(C) A landscape strip with an average width of five feet shall be provided between any parking area or driveway and a front or
street side lot line
. The development shall provide the following landscaping within the planting strip:
(1) A continuous hedge at least 24 inches in height at planting along the length of the landscape strip.
(2) One tree per 30 lineal feet along the length of the landscape strip.
(3) Grass or other ground cover in the remaining area of the landscape strip.
(D) Ground-mounted mechanical equipment shall be screened in accordance with Section 155.5301.A.2.
(E) Exterior commercial containers shall be screened in accordance with Section 155.5301.C.1.b.
ii. No requirement in subsection a. above shall apply if the Development Services Director determines that compliance with the requirement will cause a property to be nonconforming or will increase an existing nonconformity with respect to the number of parking spaces or accessway requirements required under this Code.
iii. General and procedural requirements of this landscaping subchapter shall apply to the design and submittal of plans, installation of material and inspections. Submission and approval of a landscape plan shall be required for compliance with this section.
iv. Where full compliance with the requirements of this section is precluded by a lack of sufficient developable areas due to the size and layout of existing development or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints on development, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Development Services Director.
b. All Existing Development
Irrespective of the special requirements applicable to development existing before October 30, 1973, the landscaping requirements in this section may apply to existing development in accordance with the following.
i. Expansion
Except as otherwise provided in subsection iii below, if an existing structure or use is expanded or enlarged (in terms of the number of
dwelling units
, floor area, number of employees, seating capacity, or other size unit), additional landscaping shall be provided in accordance with the requirements of this section to serve the expanded or enlarged part of the structure or use.
ii. Upgrading Of Nonconforming Landscaping
iii. Minor or Major Site Plan Approval
Any proposed development subject to the review of a Minor or Major Site Plan approval shall demonstrate compliance with the approved Landscape Plan on file, in addition to any requirements necessitated by this code.
a. If all or any existing structures on a lot are being, or have been, totally demolished drought-resistant sod or drought-resistant ground cover shall be installed on the entire demolition and/or disturbed areas before close-out of the demolition Building Permit and thereafter maintained. All asphalt, rock, and other non-natural materials shall be removed and refilled to the undisturbed lot level with clean soil before any planting or installation of the required drought-resistant sod or ground cover. Such vegetative restoration of a demolition site shall be subject to the standards of this section if conditions stated above are met; or
b. If any or all existing structures on a lot are being, or have been, demolished in preparation for new development in accordance with a valid Development Order and Building Permit, and the construction of a principal structure will commence within 30 days after the demolition has been completed, the owner of the lot shall restore the lot to its pre-demolition elevation, brush-cut the lot, and keep the lot free of debris, trash, and invasive plant materials until start of the permitted construction. A nonliving material adequate to avoid the shifting, blowing, or other dissemination of dust, soil, gravel, or fill may be used until start of the permitted construction. A perimeter berm no more than four feet high and planted with ground cover in accordance with Section 155.5203.B.2.e, Groundcover, may be installed and used during the construction period; and
c. If demolition activity is proposed to occur in the drip-line of an existing tree, a Tree Permit is required in accordance with Section 155.5204.B.1.b before start of the demolition activity.
4. Conflict with CPTED Guidelines
The Development Services Director may waive all or part of the standards in this section, 155.5203, if it is demonstrated that the implementation of the standard result in a conflict with the city's adopted CPTED guidelines.
5. Landscape Plan Required
Uses subject to the standards in this section shall include a landscape plan as a part of any application for a Special Exception (Section 155.2406), Site Plan Approval (Section 155.2407), or Zoning Compliance Permit (Section 155.2413), as appropriate. Landscape plans shall be prepared by a Landscape Architect registered in Florida and shall show replacements trees for any trees missing from previously approved landscape plans.
1. Plant Material
a. General
i. All required plant materials shall be Florida Grade # 1 or better, in accordance with Grades and Standards for Nursery Plants (Florida Division of Plant Industry).
ii. All plant materials shall, to the greatest extent possible:
(A) Be based on the plant's adaptability to the landscape area, desired effect, color, texture, and ultimate plant size;
(B) Be frost and drought tolerant, and grouped in accordance with their respective water and maintenance needs;
(C) Be appropriate for the ecological setting in which the materials are to be planted, including the shielding of buildings from the sun (where possible) and from radiating surfaces such as parking areas, and as a screen for noise abatement;
(D) Be commercially available;
(E) Not have invasive growth habits, as identified in List of Invasive Plant Species (Florida Exotic Pest Plant Council); and
(F) Comply with crime prevention through environmental design (CPTED) principles.
b. Native Vegetation and Diversity
i. All landscaped areas shall include placement of native vegetation in substantial conformity with the principles outlined in The Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design (University of Florida) and the Administrative Manual.
ii. Where 20 or more trees are required on a site, at least 50 percent of the required trees shall be native species, no more than 20 percent of the required trees shall be palm trees, and the required trees shall consist of at least four different species.
iii. Plant species identified as invasive species in List of Invasive Plant Species (Florida Exotic Pest Plant Council) are prohibited.
2. Installation
a. General
i. All required landscaping and landscape areas shall be installed in a sound, workmanlike manner and in accordance with landscaping BMPs, Florida-friendly landscaping principles, and the standards in this section.
ii. Special Landscaping regulations for all properties abutting the east right-of-way line of Harbour Drive (NE 26th Avenue)
On all properties abutting the east right-of-way line of Harbour Drive (NE 26th Avenue) a site visibility area shall be provided as follows:
(A) The sight visibility area shall be that private property which lies 25 feet north and 25 feet south of the centerline of a canal and east of the east right-of-way line of Harbour Drive (NE 26th Avenue) to the edge of the permitted seawalls as they exist on November 25, 2003.
(B) No plant material shall be installed or maintained above 3 feet in height. This includes, but is not limited to, trees, palms,
shrubs
, hedges, and ground cover.
b. Planting Soil
i. Planting soil shall be clean and reasonably free of construction debris, weeds, rocks, noxious pests, and diseases.
ii. Planting soil for all planting areas shall be amended with horticulturally acceptable organic material.
c. Turf Grass
i. Turf grass shall be drought tolerant, as described in the Administrative Manual.
ii. Turf grass shall not be treated as fill-in material, but consolidated and placed so it can be irrigated separately from other types of landscape plants.
iii. Use of turf grass shall be limited to use as a design unifier and in areas that receive pedestrian traffic, provide for practical or recreational use, or provide soil erosion control (e.g., on slopes or in swales).
iv. The Development Services Director may authorize large grassed areas not subject to soil erosion, such as playfields, to be grassed by other methods.
d. Groundcover
At the time of planting, groundcover shall cover at least 50 percent of the intended groundcover area. Groundcover shall cover 100 percent of the intended groundcover area within one year after installation.
At the time of planting, vines shall have at least four runners, each of which is at least two feet long.
At the time of planting,
shrubs
shall be upright in nature, be at least two feet in height above ground level, and have a spread of at least 24 inches. Shrubs designed to form a continuous hedge shall be spaced a maximum average of 24 inches on center.
i. General
(A) Planting activities, including site preparation, shall not unnecessarily damage any other trees to remain on the property.
(B) Trees shall be planted into an area with adequate space for development of their root system and canopy. A minimum area for planting a tree shall be 120 square feet, with a minimum dimension of eight feet.
(C) Trees shall be planted at least 15 feet from any light fixture mounted on a pole.
(D) Before, during, and following planting, the root ball and trunk of the tree shall be protected and the root ball shall be kept moist.
(E) All newly planted trees shall be properly guyed and staked at the time of planting to ensure establishment and erect growth, in accordance with the specifications as set forth in the Administrative Manual. Trees shall be restaked in the event of blow-overs or other failure of the staking and guying. A tree shall remain braced for at least one year after its planting.
(F) A newly planted tree shall be fertilized as appropriate and shall be watered sufficiently until tree growth is established. Written proof of temporary irrigation may be required as a condition of approval of a Tree Permit.
ii. Height
(A) Canopy Trees
(1) At the time of planting, canopy trees shall be at least twelve feet in height above ground level.
(2) At least 50 percent of required canopy trees shall be 14 feet high if the principal structure on the lot is between 15 and 25 feet high, and 16 feet high if the principal structure on the lot is more than 25 feet high.
(B) Ornamental Trees
At the time of planting, ornamental trees shall be at least eight feet in height above ground level.
(C) Understory Trees
At the time of planting,
understory trees
shall be at least ten feet in height above ground level.
(D) Palm Trees
(1) At the time of planting, palm trees shall be at least 14 feet in height above ground level.
(2) At least 50 percent of required palm trees shall be 18 feet high if the principal structure on the lot is between 15 and 25 feet high, and 22 feet if the principal structure on the lot is more than 25 feet high.
(3) No more than 50 percent of the total number of required trees shall be palm trees.
All berms shall comply with the following standards:
i. Berms shall have a slope not exceeding a ratio of three horizontal feet to one vertical foot and a top width at least one-half the berm height.
ii. Berms proposed to be placed along street rights-of-way shall be designed and constructed to provide adequate sight distances at intersections and shall not impair safe operation of vehicles.
iii. In no case shall berms be located or designed so they damage the roots or trunks of existing healthy vegetation designated to be preserved.
i. Stabilization
i. All required landscape planting areas and berms shall be stabilized and maintained with turf, ground cover, specified mulch at minimum two inch depth, or other approved materials to prevent soil erosion and allow rainwater infiltration.
ii. Mulch shall be maintained at a minimum thickness of two inches around
shrubs
and trees.
j. Protection from Vehicular Damage
Required landscaping areas shall be protected from vehicular damage by the installation of curbing, wheel stops, or other method approved by the Development Services Director.
k. Dry Retention Areas
All dry retention areas shall be landscaped with turf grass or groundcover in accordance with subsections d and e above.
3. Existing Vegetation
a. Existing trees and understory vegetation located within any unique natural area identified in the Pompano Beach Comprehensive Plan shall be preserved, and may be used toward meeting the requirements of this section to the extent they meet the minimum standards of this section.
b. Existing healthy and well-formed trees and understory vegetation shall be preserved and may be used toward meeting the requirements of this section to the extent they meet the minimum standards of this section.
a. Time Limit
All required landscaping (including groundcover) shall be installed in accordance with the required planting standards set forth in this section prior to issuance of a
Certificate of Occupancy
unless the Development Services Director grants an extension to this time limit in accordance with Section 6.3.I.1.b, Extensions.
b. Extensions
i. The Development Services Director may, for good cause shown, grant extensions to the above time limit, allowing a developer/owner to delay the installation of required landscaping. Circumstances that may warrant an extension include, but are not limited to, completion of utility work occurring in a proposed landscaped area that is incomplete or delayed.
ii. Any extension of the time limit shall be conditioned on the required landscaping being installed as soon as practicable after the delay-warranting circumstances cease to exist and the provision of a performance guarantee ensuring installation of the required landscaping within one year in accordance with Section 155.5901.C, Performance Guarantees.
5. Irrigation System Required
a. Wherever landscaping is required by this Code, it shall be kept in a healthy growing condition through appropriate irrigation by an automatic underground irrigation system installed in accordance with requirements of the Building Code.
b. The irrigation system shall include a rain-sensing cutoff device that shall be located and installed so that building
eaves
, balconies, and similar overhangs do not interfere with effective operation of the device.
c. The irrigation system shall be properly maintained in good working order and provide a minimum coverage of 100 percent with 50 percent overlap.
d. Water used for irrigation shall be rust-free except where deemed unnecessary by the Development Services Director.
e. Water used for irrigation shall be reuse water wherever practicable.
6. Maintenance of Landscaping
a. All required landscaping and landscape areas shall be maintained in accordance with landscaping BMPs and the following standards.
i. All required landscaping shall be maintained in accordance with the approved landscape plan, including approved specifications for plant size, number, location, and type of landscaping material.
ii. All plant life shown on an approved landscape plan shall be replaced if it dies, is seriously damaged, or removed.
iii. All required landscaping shall be kept reasonably free of visible signs of insects infestation or disease.
iv. Required landscaping shall present a healthy and orderly appearance free from refuse and debris.
v. Required landscaping shall be weeded, as well as mown, trimmed, or pruned in a manner and at a frequency appropriate to the use made of the plant material and species and so as not to detract from the appearance of the general area.
vi. All required trees shall be maintained in their characteristic natural shape and shall not be severely pruned, sheared, topped, or shaped as
shrubs
. Trees that have been severely pruned, sheared, topped, or shaped as
shrubs
no longer serve the intended buffering or screening function and shall be considered tree abuse, subject to Section 155.5204.G, Tree Abuse.
vii. Actions shall be taken to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations.
viii. Plants shall be maintained in a way that does not obstruct sight visibility above a height of three feet within the triangular land area formed by the intersection of a rear lot line abutting a canal or waterway with an
interior side lot line
not abutting a canal or waterway—with two sides of the triangle running along the rear and interior lot lines and being equal in length to the
rear yard
depth, and the third side being a line connecting the ends of the other two sides.
ix. All landscaping shall be maintained to minimize property damage and public safety hazards, including the removal of dead or decaying plant material, and removal of low hanging branches next to bikeways and walkways.
x. All prohibited plant species shall be eradicated from the site and re-establishment of prohibited species shall not be permitted.
b. Any vegetation or physical element installed or functioning to meet the minimum landscaping requirements of this section shall be subject to inspection by the Development Services Director within one year after installation to ensure compliance with the standards of this section. If any such required vegetation dies or is severely damaged, it shall be promptly replaced with vegetation or elements meeting the requirements of this section. In determining the extent of replacement required, the Development Services Director shall consider the type and location of the required landscape area as well as the propensity for natural re-vegetation.
d. All initial, relocated, and replacement plantings shall be subject to a maintenance guarantee that ensures their proper maintenance for at least one year, in accordance with Section 155.5902.B, Maintenance Guarantees.
New developments shall provide plantings within
pervious areas
of the development site in accordance with the standards in Table 155.5203.C below for the base zoning district in which the development is located and the size of the lot contain the development.