§ 7.09.03. General Provisions.

A.

Requirement for Landscaping Plan. A landscaping plan shall be required with all building permit applications associated with any new structural construction or addition to any existing structure, except for those structures that are part of a bona-fide agricultural use or operation, except as may otherwise be specifically addressed by this Code, and that as part of that operation do not involve the retail sale of materials produced on site.

The landscape plans for all residential and non-residential uses developments, regardless of site plan status, including mobile home parks, single-family subdivisions; final Planned Development applications, recreational vehicle parks; and multiple-family residential uses shall be prepared, signed and sealed by a registered Florida Landscape Architect, or as may be permitted under F.S. § 481.329. Landscape plans prepared for individual detached single-family (including individual mobile homes not located in a mobile home park), two-family, three-family residences, including those within residential use developments, and bona-fide agricultural uses and operations, are exempt from the requirement for signed and sealed landscape plan, except for that portion of any bona-fide agricultural use or operation involving the retail sale of materials produced on site, and as may otherwise be required by this Code.

In addition to demonstrating compliance with the other provisions of this Code, all landscaping plans must show the location of all existing and proposed utility lines and rights-of-way. The landscape plans shall indicate the relationship of the proposed landscaping to these utility lines and rights-of-way and shall demonstrate compliance with the other provisions of this Code.

The landscape plan shall identity the type and quantity of all plant and tree species to be installed consistent with the provisions of this Code.

Prior to the issuance of any certificate of occupancy or other final occupancy/use authorization, the Environmental Resources Director shall inspect and verify that the landscape plantings on the property are consistent with the approved landscaping plans.

B.

Installation. All landscaping shall be installed in a professional manner according to accepted planting practice with the quality of plant materials as hereinafter described and shall be irrigated by automatic means. Detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences are exempt from this automatic irrigation requirement.

C.

Irrigation. Any new, required, automatic irrigation system installed, including those voluntarily installed for detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences shall incorporate the following criteria:

1.

Zoning of irrigation systems: Sprinkler heads shall be circuited or zoned in order to promote the conservation of water.

2.

Automatic rain shut-off devices: Automatic irrigation systems shall be equipped with an automatic rain shut-off device for each zone.

3.

Elimination of over-throw onto impervious surfaces:

a.

Sprinkler heads shall be directed away from impervious surfaces.

b.

The effects of wind on the spray stream shall be reduced by requiring low trajectory spray nozzles.

4.

Maintenance of Irrigation Systems: Irrigation systems shall be maintained in working condition at all times, to prevent waste of irrigation water.

5.

Irrigation During Water Shortage: Irrigation systems shall be operated in accordance with the requirements of water shortages declared for St. Lucie County by the South Florida Water Management District, St. Lucie County or other appropriate regulating authority.

D.

Maintenance.

1.

The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all unhealthy and dead material within sixty (60) days after a notification of a violation in conformance with the approved site plan/ or landscape plan. Violations of this section, or failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The sixty-day rule for compliance may be extended, when necessary, by the County Administrator or his/her designee to permit recovery from acts of nature such as a hurricane or a freeze.

2.

As part of the issuance of any Final Development Order/Permit requiring the installation of landscape materials as set forth in this code, excluding detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences, the property owner shall submit to an inspection of the planted/preserved materials eighteen (18) months after the issuance of a certificate of occupancy or other use authorization as may be granted by the Public Works Director for the County. If it is determined that the planted landscaping is dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved landscape plan, the property owner shall be provided notice and directed to correct any observed deficiencies and replace all noncompliant materials within sixty (60) days. Failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The Public Works Director is authorized to include within the building permit fee, adequate charges to cover the costs of enforcing the requirements of this section.

E.

Plant Materials.

1.

Quality. Plant materials used to meet the requirements of this Code shall conform to the standards of Florida No. 1 or better as given in the most recent edition of "Grades and Standards for Nursery Plants", Florida Department of Agriculture and Consumer Services, or standards equal thereto.

All plant materials shall be insect- and disease-resistant, and shall be clean and reasonably free of weeds and noxious pests or diseases when installed. Plant materials that are known to be intolerant of paving environments, whose physical characteristics may be injurious to the public, or that produce a quantity and quality of debris so as to present maintenance difficulties shall not be specified for use under this Code.

2.

Trees.

a.

Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet in St. Lucie County and have trunks that can be maintained in a clean condition. Trees having a mature crown spread of less than fifteen (15) feet may be arranged or grouped so as to create the equivalent of a fifteen (15) foot spread, however, any such group or groups shall only count as one (1) tree for the purpose of compliance with this Code.

b.

Palm trees may be clustered into groups of three (3) to achieve this minimum fifteen (15) foot crown. All palm trees shall have a minimum clear trunk of ten (10) feet when installed. Three (3) palm trees are equal to one (1) shade tree having a mature spread of fifteen (15) feet.

c.

Tree species shall be a minimum of twelve (12) feet in height and have a caliper of two and one-half (2½) inches at four and one-half (4½) feet above the ground when installed. Height shall be determined by the average end of all branches not the tallest branch or two (2).

d.

All required trees, except palms, shall have a minimum of five (5) feet of clear trunk and a minimum five-foot canopy spread at time of planting.

e.

Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public roads or works, unless the tree root system is completely contained with a barrier for which the minimum dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four-inch thick concrete reinforced with number six (6) road mesh (6x6x6) or equivalent.

f.

None of the following trees shall be planted in St. Lucie County. Where such species already exist, their removal shall be a condition of any final development order.

Melaleuca leucadendra (Punk Tree)	Schinus terebinthefolius (Brazilian Pepper)
Casuarina spp.	(Australian Pine)

 

None of the following species, or any species designated as Category I on the Exotic Plant Pest Council's most recent list of "Florida's Most Invasive Species," shall be used to meet the requirements of this section:

cupianopsis anacardiodes (Carrotwood)	dalbergia sissoo (Rosewood)
acacia auriculiformis (Earleaf Acacia)	albizzia lebbeck (Woman's Tounge)
araucaria heterophylla (Norfolk Island Pine)	bishofia javanica (Bishofia)
brassaia actinophylla (Schefflera)	enterolobium cycocarpum (Ear tree)
eucalyptus spp. (Eucalyptus)	ficus spp. (Non-Native Ficus)
grevilla robusta (Silk Oak)	sapium sebifrum (Chinese Tallow Tree)
syzygium cumini (Java Plum)	melia azedarach (Chinaberry)
cinnamomum camphora (Champhor Tree)	syaygium jambos (rose apple)
ligustrum sinense (Chinse Privet)	eugenia uniflora (surinam Cherry)
scaevola sericea, s. taccada,	psidium sup. (Guava)
s. frutescens (Scaevola)	peltophorum pterocarpum (yellow poinciana)

 

and all non-native fruit trees such as orange and grapefruit trees.

g.

Fifty percent (50%) of the required trees shall be species other than palm trees, except that on North and South Hutchinson Island the Public Works Director may approve the use of mix of tree species of more than fifty percent (50%) palm trees if it is demonstrated to the satisfaction of the Director that the particular site is exposed to high salt impacts or other similar natural conditions that are not conducive to non-coastal plant species.

h.

When more than ten (10) trees are required to be planted to meet the requirements of this Code, a mix of species shall be provided. The minimum number of species to be planted are indicated in Table 7-30. When a mix of species is required, no single species shall exceed a two (2) to one (1) ratio relative to all other individual species.

TABLE 7-30

REQUIRED SPECIES MIX
Required Number of Trees	Minimum Number of Species
11-20	2
21-30	3
31-40	4
41+	5

 

i.

One hundred percent (100%) of the trees shall consist of native species such as Live Oaks (Quercus virginiana), Laurel Oaks (Quercus laurifola), slash pine (Pinus elliotti), or other species listed in Section 7.09.04(L)(2), Native and Drought-Tolerant Vegetation. The requirements for canopy or shade trees shall be exempted by the Public Works Director when the proposed location of the canopy or shade trees will be in conflict with overhead power lines as described in Section 7.09.03(E)(2)(l) of this Code. The Public Works Director shall require mitigation at a minimum ratio of one (1) inch to one (1) inch to compensate for the loss of any canopy or shade tree as outlined in Section 6.00.05(D).

j.

If any development activity is to occur on a site located on Hutchinson Island, that has, or has been determined to have, native scrub vegetation and habitat present prior to the commencement of building activities, any new landscaping material introduced to the site pursuant to the requirements of this code, shall comply with the restrictions of Section 7.09.04(M).

k.

If any development activity is to occur on a site located on any parcel of land located west of the Atlantic Intercoastal Waterway, that has, or has been determined to have, native scrub vegetation and habitat present prior to the commencement of building activities, any new landscaping material introduced to the site pursuant to the requirements of this code, shall comply with the restrictions of Section 7.09.04(N).

l.

No tree shall be planted where it could, at mature height, conflict with overhead power lines. Larger trees (trees with a mature height of thirty (30) feet or more) shall be planted no closer than a horizontal distance of thirty (30) feet from the nearest overhead power line. Medium trees (trees with a mature height between twenty (20)—thirty (30) feet) shall be off-set at least twenty (20) feet horizontally from the nearest overhead power line. Small trees (trees with a mature height of less than twenty (20) feet) shall not be required to meet a minimum off-set, except that no tree, regardless of size shall be planted within five (5) feet of any existing or proposed utility pole, guy wire, pad mounted electrical transformer or other utility transmission/ collection structure or equipment.

Palm trees with a maximum mature height great enough to interfere with overhead power lines shall not be planted below overhead power lines and shall be located a minimum of two and one-half (2½) feet, plus the average mature frond length, outside of any utility right-of-way. The Public Works Director, in consultation with Florida Power and Light Company, shall maintain a list of trees typically found in the South Florida area that at mature growth heights can reasonably be expected to interfere with overhead power lines.

3.

Shrubs and Hedges. Shrubs shall be a minimum of twenty-four (24) inches in height above grade immediately after planting. Hedges, where required, shall be planted and maintained so as to form a thirty-inch or higher continuous, unbroken, solid visual screen within eighteen (18) months after the time of planting. Twenty-five percent (25%) of the quantity of planted shrubs shall consist of native species.

4.

Vines. Vines shall be a minimum of twelve (12) inches in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements.

5.

Ground Covers. Ground covers, other than grass, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within four (4) months after planting.

6.

Lawn Grass. Grass areas shall be planted in species normally grown as permanent lawns in St. Lucie County. Grass areas may be sodded, plugged, sprigged, or seeded, except that solid sod shall be used in swales or other areas subject to erosion. When other than solid sod is used, protective measures shall be taken until complete coverage is achieved.

7.

Native Vegetation. The preservation of existing native vegetation shall be required where the location of said vegetation is not in conflict with the proposed building or parking areas. The Public Works Director, may require that reasonable changes be made to any site plan or application for building permit for the purpose of preserving or protecting any special or unique existing tree(s) or native habitat.

If the sites proposed landscaping area/plan preserves all or a substantial part of the existing native vegetation found on the property, then the requirements of this section may be presumed to be satisfied, if adequate screening is provided. The Public Works Director, shall determine if the quality and quantity of the preserved native vegetation meets the intent of this Code.

8.

Tree Preservation. A preserved native tree that meets the standards below may be substituted for any of the trees required by the landscaping requirements of this section.

a.

Credit Ratio: Preserved native trees shall be credited for required trees, pursuant to the following ratio:

DBH of Preserved Native Tree	Credit Ratio Towards Required Trees
31" - 36"	8
25" - 30"	5
19" - 24"	4
13" - 18"	3
7" - 12"	2
2" - 6"	1

 

b.

Trees Ineligible for Credit Ratio: No credit shall be granted for trees which are:

1.

Classified as prohibited;

2.

Located within recreational tracts, golf courses or similar subareas within planned unit developments, unless the recreational tracts, golf courses or similar subareas are under the perpetual control of the master property owners association or similar property owners group;

3.

Located within any required preservation areas;

4.

Dead, dying, diseased or insect-infested;

5.

Damaged from skinning, barking or bumping; or

6.

Suppressed trees which have been overtopped and whose crown development is restricted from above due to their relative size in relation to surrounding trees.

9.

Synthetic Lawns. Synthetic or artificial turf shall not be used in lieu of the plant requirements in this Code.

10.

Synthetic Plants. Synthetic or artificial material in the form of trees, shrubs, ground covers, or vines shall not be used in lieu of the plant requirements in this Code.

(Ord. No. 09-007, Pt. A, 9-1-2009)