HomeMy WebLinkAboutOrdinance 1981-002 Trees and ShrubberyORDINANCE NO. 2-81
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FIARIDA, AMENDING
CHAPTER 27 OF THE VILLAGE OF NORTH PAIN BEACH CODE RELATING 10 "TREES AND
SHRUBBERY" BY AMENDING ALL REFERENCE THEREIN TO BUILDING INSPECTOR TO HEREAFTER
REFER TO "BUILDING OFFICIAL"; BY AMENDING ALL REFERENCES THEREIN REFERRING TO
THE "APPEARANCE BOARD" TO REFER TO THE "PLANNING CONPIISSION"; BY ELIMINATING A
C n/arr E OF ADJUSTMENT; BY AMENDING PROVISIONS CONCERNING MAINTENANCE OF LANDSCAPING
CONCERNING PERIMETER LANDSCAPING AND CONCERNING SITE DISTANCE FOR LANDSCAPING
ADJACENT TO PUBLIC RIGHTS -OF -WAY AND POINTS OF ACCESS.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Section 27-17, Section 27-35, Section 27-37, Section 27-38 of
the Village of North Palm Beach Code are hereby amended by changing the words
"Building Inspector" contained in those sections to hereafter read the words
"Building Official."
Section 2. Section 27-18(1) of the Village of North Palm Beach Code is
hereby amended to read as follows:
"Sec. 27-18. Variety and location.
The following regulations shall govern the variety and
location of trees planted in Swale areas:
(1) Only those trees set forth below may be planted
in any swale area. The Village Manager shall give due
regard to creating haLuunious tree plantings in each street
and subdivision in determining what trees shall be planted
in swale areas: Palm: Adonidia; Cocos Pluuosa. Flowering
trees: Hong Kong Orchid; Bottle Brush; Tabebuia. Others:
Black Olive; Mahogany; Tamarind: Silver Buttonwood:
Minusop: Clusia Rosea. The-managee-eke8&d-seek-and-eeas€der
the-reeesmeadatien-e€-the-beaxtifieat£en-ees EEee-in-Taking
suek-above-determination. (Words crossed through are eliminated.)
Section 3. Section 27-32 of the Village of North Palm Beach Code is
hereby amended by respelling the word "apperance" in the first sentence thereafter
to read "appearance."
Section 4. Section 27-36 of the Village of North Palm Beach Code is
hereby amended by removing the words "and industrial" fran the second sentence
thereof and inserting a sentence thereafter to read as follows:
"For commercial uses, the maximmi width for access way shall
be two (2) times that for residential uses."
Section 5. Section 27-37 and Section 27-67 of the Village of North Palm
Beach Code are hereby amended by replacing the words "agency charged with the
issuance of building permits" to the words "building officials" Section 27-37
is further amended by changing the words "permit agency" contained therein to
the word "official."
Section 6. Section 27-40(d) and Section 27-41(b) are both hereby amended
by changing the words "Community Appearance Board of the Village" to read
"Planning Commission" and by changing the word "recommendations" therein to the
word "approval." Furthermore, the subtitle of Section 27-40(d) is hereby amended
by changing the words "Appearance Board" to the "Planning Commission."
Section 7. Section 27-49, Section 27-50 and Section 27-51 of the Village
of North Palm Beach Code are hereby repealed.
Section 8. Section 27-60 of the Village Code is hereby amended by replacing
the words "qualified representative of the agency charged with the issuance of a
building permit" to the words 'building inspector."
Section 9. Section 27-61 of the Village of North Palm Beach Code is
hereby amended by repealing the following sentence to wit:
"All landscaped areas shall be provided with a readily available
water supply with at least one outlet located within fifty (50)
feet of all plant material to be maintained." The -remainder
e€-said-seetien-shall-resin-in-full-€epee-and-effeee.
Section 10. Section 27-64 of the Village of North Palm Beach Code is
hereby amended by repealing Subsections 2 and 3 thereof and by renumbering
Subsection 4 as Subsection 2.
Section 11. Section 27-65 of the Village of North Palm Beach Code is
hereby amended by changing the first sentence thereof to read as follows:
"Off-street parking areas shall have at least ten (10)
square feet of landscaping located within the perimeter
of the parking area for each parking space excluding those
spaces abutting a perimeter for which landscaping is
required by other sections hereof."
Section 12. Section 27-65 of the Village of North Palm Beach Code is
further amended in subparagraph (a) by causing the last sentence thereof to
read as follows:
"Such interior landscaped areas shall be located in such a manner
as to divide and break-up the expanse of paving."
Section 13. Section 27-66 of the Village of North Palm Beach Code is
hereby amended to read as follows:
Section 27-66.
"At any place within the corporate limits of the Village
of North Palm Beach when an alley, service lane, service
road or private driveway intersects a public right-of-way
or when the subject property abuts the intersection of two
(2) or more public rights -of -way, the landscaping or any solid
installation within the triangular areas described below shall
provide unobstructed cross -visibility at a level between
three (3) feet and six (6) feet; provided, however, trees or
palms having limbs and foliage trimmed in such a manner that
-2-
1
1
1
1
no limbs or foliage extend into the cross -visibility
area shall be allowed, provided they are so located
so as not to create a traffic hazard. Landscaping,
except required grass or ground cover, shall not be
located closer than three (3) feet from the edge of
any accessway pavement. The triangular areas above -
referred to are:
(a) The areas of property on both sides of an alley,
service lane, service road or private driveway formed by
the intersection of each side of the said alley, service
lane, service road or private driveway and the public
right-of-way line with two (2) sides of each triangle
being ten (10) feet in length from the point of inter-
section and the third side being a line connecting the
ends of the two (2) other sides.
(b) The area of property located at a corner formed
by the intersection of two (2) or more public rights -
of -way with two (2) sides of the triangular area being
thirty (30) feet in length along the abutting public
right-of-way lines, measured from their point of
intersection, and the third side being a line connecting
the ends of the other two (2) lines.
Section 14. A copy of Chapter 27 of the Village of North Palm Beach
Code as it now exists is attached to this Ordinance, together with the changes
proposed herein in order to comprehensively understand the amendment to said
Chapter described above.
Section 15. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 8TH DAY OF JANUARY, 1981.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22ND DAY OF JANUARY, 1981.
ATTEST:
00-7—Cs-mo (Ye te---er
VILLAGE CLERK
av Z�Z�/�'i / / ap ,
MAYOR
-3-
Chapter 27
TREES AND SHRUBBERY*
Art. I. In General, §§ 27-1-27-15
Art. II. Trees in Swale Areas, §§ 27-16-27-30
Art. 1i1. Landscaping, §§ 27-3I-27-67
Div. 1. Generally, §§ 27-31-27-4$
Div. 2. Committee of Adjustment. §§ 27-49-27-5S
I)iv. 3. Requirements for Certain Yard Areas, OIf-Street Park-
ing and Other Vehicular Use Areas. §§ 27-59-
27-67
ARTICLE I. IN GENERAL
Secs. 27-1-27-15. Reserved.
ARTICLE II. TREES IN SWALE AREAS
Sec. 27-16. Definition.
As used in this article, the term "swaie areas" shall mean
those areas Iying between the street and the sidewalk which
are the property of the village as part of its road and
drainage right-of-way. (Code 1970, § 41-11; Ord. No. 207-70.
§ 1)
Cross reference —Rules of construction and definitions generally. § 1-2.
Sec. 27-17. Planting and removal; writ .en approval
required. No trees shall be removed or planted in the swale areas
except by the village or by private citizens who have
obtained the written approval of the building i-n peetor to 0 fr.
plant or remove any tree. (Code 1970, § 41-12; Ord. No.
207-70, § 2)
Sec. 27-18. Variety and location.
The following regulations shall govern the variety and
location of trees planted in swaie areas:
'Croyv reference —Streets, sidewalks and public plates, Ch. 24.
1355
Only those trees sct forth below may be planted In
any s\ .tic area. The village manager shall give due
regard to creating harmonious tree plantings in each
street and subdivision in determining what trees shall
be planted in swaie areas: Palm: Adonidia; Cocos
Plurnosa. Flowering trees: Hong Rong Orchid; Bottle
Brush; Tabebuia. Others: Black Olive; Mahogany;
Tamarind; Silver Buttonwood; Mimusop; Clusia
Rest.a. crw-:re-rites:14'+41r re&rt end-•eonricdi#r---the
..... �ct!'*!�'t+f t.:C JCi,1:I f2�fltibit--Ew)nTniktte°"'-TT:
fletenni-nation.
(2) Trees shall be planted at least five (5) feet from the
sidewalk except on cul-de-sac areas. (Code 1970, §
4'-13; Ord. No. 207-70, § 3; Ord. No. 6-71, § 1)
Sec. 27-19. Scope.
The terms of this article shall apply to all plantings in
swale areas. (Code 1970, § 41-14: Ord. No. 207-70, § 4)
Secs. 27-20-27-30. Reserved.
' ARTICLE III. LANDSCAPING
DIVISION 1. GENERALLY
Sec. 27-31. Definitions.
In construing the provisions of this article and each and
every word, term, phrase or part thereof, where the context
will permit, the definitions provided in section 1.01, Florida
Statutes, and the following definitions shall apply:
Encroachment. "Encroachment" is defined as any pro-
trusion of a vehicle outside of a parldng space, display area
or acccssway into a landscaped area.
Landscaping. "Iandscaping" shall consist of any of the
following ortembination thereof: Material. such as. but not
limited to, grass, ground covers. shrubs, vines. hedges. trees
or palms; and nonliving durable material commonly used in
1886
§ 27;14 NORTH PALM BEACH CODE
TREES AND SHRUBBERY :•'L'7•JJ
landscaping„ such as, but not limited to, rocks, pebbles,
sand. walls or fences, hut excluding paving.
Shrubs. "Shrubs" required by this article shall he
self-supporting, woody, evergreen species, as normally
grown in this arca or this county.
Trees. "Tree:," shall he defined as self-supporting woody
plants of specks which normally grow to an overall height
of minimu. of fifteen (15) feet in this area or this county.
Requirements in this article to include one tree for a certain
number of lineal feet as part of the landscaping are set forth
to determine the number of trees required in a given area,
the location o'' which trees may be anywhere within the
strip of land and need not be placed at equal intervals
throughout such strip of land.
Vines. "Vines" are plants which normally require support
to reach mature form. (Code 1970, § 41-18; Ord. No. 14-71, §
1; Ord. No. 2-75, § 1, 4-10-75)
Cross reference —Rules of construction and definitions generally, § 1-2.
Sec. 27-32. Objective.
The objective of this article is to improve the ap e^�rance of
certain setback and yard areas and including off-street
vehicular parking and open lot sales and.service areas in
the village, and to protect and preserve the appearance,
character and value of the surrounding neighborhoods and
thereby promote the general welfare by providing for
installation and maintenance of landscaping for screening
and aesthetic qualities, since the village council finds that
the peculiar dlaracteristics and qualities of the village
justify regulations to perpetuate its aesthetic appeal on a
village -wide basis. (Code 1970, § 41.10; Ord. No. 14-71, § 1)
Sec. 27-33. Application of ordinance; enforcement.
This article slat] be a minimum standard and shall apply
to all areas in the village limits. (Code 1970, § 41-17; Ord,
No. 14-71, § 1) •
Sec. 27-34. Scope; applicability of article.
(a) The provisions of this article shall apply only to new
off-street parking uses or other vehicular uses.
(b) The provisions of this article shall be subject to other
applicable regulations where such regulations are more
restrictive and are not otherwise inconsistent with the
provisions of this article.
(c) The provisions of this article shall not apply to'
properties upon which single-family or two-family dwell-
ings are or are to be erected. (Code 1970, § 41-21(1), (2), (5);
Ord. No. 14.71, § 1)
Sec. 27-35. Ccr i � e of completion.
The building x*sr tvr shall have the authority to issue a
certificate of completion to the owner or to the contractor or
subcontractor v:hich shall indicate the portions of the
construction and development which have been completed
according to plan and building code requirements. A
certificate of completion shall not authorize occupancy or
partial occupancy of the building or premises. (Code 1970, §
41-21(3))
Sec. 27-36. Accessways.
The maximum width of a residential accessway through
the perimeter -landscaped strip to an off-street parking or
other vehicular •use area shall be twenty (20) feet for
two-way vehicular -movement and ten (10) feet for one-way
vehicular movement. For commercial ._.3 :- uses,
the maximum width for accessways shall he two (2) times
that for residential uses. No more than one two-way
accessway shall be permitted for any street frontage up to
one hundred (IOU) lineal feet or no more than two (2)
one-way 8CC'SSways shall be permitted for any street
frontage up to one hundred (100) Lineal feet, such standards
to be applicable to any property under one ownership. Where
such ownership involves over one hundred (100) feet of
street frontage, ene additional two-way or two (2) additional
ene-way drives n^.y be permitted for each additional one
1888
1887
§ 27-39
NORTH PALM REACH CODE
T1-w:s 4NI+PHr±In,I;c1/4\- § 27-38
hundred (100) feet of frontage or major fraction thereof. The
balance of such street frontage not involved with ac-
cessways shall be landscaped in accordanc' with the
provisions of this article. (Code 1970, § 41-21(4))
Sec. 27-37. Plot use plan approval prerequisite to
issuance of permits for building and
paving; completed lands. .ping required
for certificate of use and occupancy.
Except for single-family and two-family dwellings, prior
to the issuance of any permit for paving which is included
under the provisions of this article, a plot use plan shall be
�I�G
submitted to and approved by the -• p�.c
;as, er of hr;',drng_permits, subject to review and approval
of such otheetrenci ss as may be deemed advisable by the
of-ouiiding pciee.,..LsesiL . The plot plan shall be drawn to
scale, including dimensions and distances, and clearly
delineate the existing and proposed parking spaces. or other
vehicular use areas, access aisles, driveways, sprinklers or
water outlet locations. and the location. size and description
of all other landscape materials, the location and size of
buildings if any are to be served, and shall designate by name
and .Iocation the plant material to be installed. er, if
existing, to be used in accordance with the requirements
hereof. No permit shall be issued for such building or paving
unless such plot plan complies with th+, provisions hereof,
and no certificate of use and occupancy shall be issued until
the landscaping is complete, and it shall be unlawful to
occupy the premises unless the Iandscaping is installed in
accordance with the approved plot plans and the require-
ments hereof. (Code 1970, § 41.22; Ord. No. 14-71, § 1)
Sec. 27-38. Off-street parking landscape manual.
ore/C./ A! —
'the building i.nepeot-ef-s office shall prepare and from time
to time revise an off-street parking landscape manual and
make the same available to the public, which manual shall
provide an illu,trative interpretation of the above standards
and suggested guides for iandccaping in accordance with
- the aheve standards, (Code 1970, § 41-22; Ord. No. 14.71, §
1)
Sec. 27-39. Conflict with zoning ordinance.
If any requirement of this article shall conflict with the
Iocation or height of walls as set forth in section 45-36 of
the Village of North Palm Beach Code of 1970, now
Appendix C of this volume, then the provisions of such
section 45.36 shall prevail. (Ord. No. 14-71, § 2)
Sec. 27-40. Requirements for improved nonresiden-
tial properties in existence on September
23, 1971.
(a) Objective. The objective of this section is to improve
the appearance of commercial areas in the village which
were improved prior to September 23, 1971, and to protect
and preserve the appearance, character and value of the
surrounding neighborhoods and thereby promote the gener-
al welfare by providing for installation and maintenance of
landscaping for screening and aesthetic qualities, for
additional drainage capabilities and for the improvement of
the quality of air within the village. The village council
finds that the peculiar characteristics and nu; lities of the
village justify these regulations to be applied to improved
nonresidential properties which were in existence prior to
the adoption of Ordinance No. 14 71, on Septernber 23, 1971,
which ordinance requires landscaping for new construction.
(b) Applicable requirements. Except as provided hereafter,
the provisions'of section 27-31 and divisions 2 and 3 of this
article shall apply to all nonresidential property which was
improved prior to September 23, 1971.
(c) Exceptions.
(I) For the purposes of this section, and irrespective of
section 27-63(1). a strip of land at least three (3) feet in
depth located between the abutting right-of-way and
the off-street parking area or other vehicular use
area, which is exposed to an abutting right -of --way
shall be landscaped. In addition, a hedge or other
durable landscape barrier of at least two (2) feet in
height shall be pieced along only the perimeter of
such landscaped str-p. If a durable barrier is of a
1890
1889
• TREES AND SHRUBBERY § 27-41
nonliving material, for each five (5) feet thereof one
shrub or vine shall be planted abutting such barrier,
but need not be spaced five (5) feet apart. Such shrubs
or vines shall be planted along the street side of such
barrier unless they are of sufficient height at the time
of planting to be readily visible over the top of such
harrier. The remainder of the required landscaped area
shall be landscaped with grass, ground cover or other
landscape treatment, excluding paving: provided,
however, that a nonliving durable wall may be erected
on the perimeter of the required landscaped area
opposite the sidewalk within this landscaped area. No
such landscape barrier, wherever located under this
subsection, shall exceed three (3) feet in height or be
less than two (2) feet in height.
(2) Section 27.61 shall not be applicable to properties
covered by this section.
As applied to properties under this section, the
provisions of section 27-65 shall not be applied so as
to cause the property to have less than the minimum
number of parking spaces required under the applica-
ble provisions of the zoning ordinance of the village.
fans to,LA/+N/NS GoMM/SS/o41
(d) Submission of
atjprerenee-(:)eerd. All land-
scaping plans intended to comply with the provisions of this
section shall be first presented to the oomizna,ni-ty-a-ppo canoe p(oten.
144ear41-4-41le village for its review and2 ......
(Code 1970, § 41-24) A Pei? v d A
(3)
Sec. 27-41. Refuse container areas.
(a) On the site of a building or structure where refuse
containers are not or will not be entirely screened visually
by an intervening building or stntcture from any abutting
right-of-way (excluding dedicated alleys) or any parking hot
where the public is invited to park. there shall be provided
landscaping or fencing between such refuse containers and
the abutting right-of-way or parking area to which the
public is invited so as to screen the refuse containers fro.n
such areas. The provisions of sections 27-34 through 27.38
a
1891
N(1:111:.�•.L',
and 27-113. division 2 and sections 27-60 through 27-62 of
this article shall pertain to refuse container screening where
applicable.
to (b) All screening plans intended to comply with the
e D141"provisions of this section shall be first presented to the
iv c-0sn nit ti aa_znaesuacew-bor d of the village for its review
and raaori.:_o°adations. (Code 1970, § 41-25; Ord. No. 2-i3,
1) A PPRcV/4 (---
Secs. 2 7-42-27-48. Reserved.
DIVISION 2. CONIM EE OF • 12STMET
Sec. 27-49. Created; cgrhposition
ter
There is hereby c ated a co-mittee of djustment to
consist of the 71 age mania=• r, the c irman of thefCe,
behutifn.ation--coommittee, the •uilding i .spector at,* the
chairman of,-efre-Fit.}trre ..ea,, ,,,.,_ ' a:1. (Code 1970,t §
4I-20)
Sec; 2 -5p. Procedur for adjus{ment of stands.
ta` 'lhe.committe of adjus ent, upon fec pt of an
in
application for adjlandscaustment P g iquircments
piovided herein y'hi.ch is fi'_d on forms pre cribed by the
4-illagc and excf==4ted and
cciorn to by the ov . er or tenant of
the property ncer•ned ot'by authorized a nts as evidenced
by written newer of a t'orney, and ace° paned by a fee of
tee ty- v ;o:;a-r 25-.00) shall ha t the authority and
duty to consider and act upon p�{ch application. The
applic nt shall, i. the application, Pearly and in detail state
whit adjustme .t of requirement are being requested, and
th reasons ; uch adjustment are warranted, and shall
6 company Ire application v). th such supplementary data,
such as sketches, surveys nd statistical information as is
deemed iecessary to subst ntiate the adjustment.
(b) e committee ay approve, modify or deny the
re99 csted adjustment ut shall approve or modify only if it
d6termincs that app vat of any adjustment would not be
1892
'TREES AND SHRUBBERY § 27-59
contrary to the public i tcrest and w Id be in keep' g with
and would preserve t] € intent of th' article and C. t literal
enforcement of the ove standa s would be i - .racticab]e
and would resuit 'a unreason ole and unnee ssary hard-
ship. The commi ce of adjust ent shall act • expeditiously
as possible on 'ne applicatiyyhh and shall p st their decision
in the form or a short, coy asc statement .f the action taken
on a censpeuzus bulletin board in t •village hall. (Code
`7 1 § 1) /
1.),v, § 41 '0; Ord. Nos 4-71,
See. _? 7-51.Appeal from decisions.
Within , ten (10)cia n after /not
]r, pot ing of a ecision,, but
thereafter, any deci ion of the c mmittee adjustmer may
be anpealed by tly� applicant pon the ayment of fee of
?'' _•:: l:v, albs rs (S25.00) to the lage courld; other-
wise, it shall become fin '. The ap al shall b fon a form
prey ribed by the via ge and .led with .he building
inspector " the petij, oner shah e notifie of the time a fd
place the/ppeal mAi be heart by the vi age council. he
appeal //°.hall stag in brief, oncise la guage the unds
and reasons f ,r reversal
yy vassal of the Ming made by the
comtrfinen of ,adjustment The vill e council/ha affirm,
mo ify or r erse the r sing of th committee of adjustment
stwjeat to/(he guides .ncl stand us govemin the commit-
tee.. Ne}4er the co imittee n r the villa council shall
entertan requests for adjusynents from higher standards
required by this rticle. (Cote 1970, § 41-20; Ord. No. 14-71,
Secs. 2 7-52-27-58. Reserved.
DIVISION 3. REQUIRE"BENTS FOR CERTAIN
YARD AREAS. OFF-STREET PARKING
AND OTHER VEHICULAR USE AREAS
Sec. 27-59. Scope, applicability of division.
All areas uacd for the display or parking of any and all
types of vehicles, boats or heavy construction equipment,
whether such vehicles, boats or equipment are self-propelled
189:3
•
9 "Ai.\ )0: V •'t C";DE
or 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, but not
limited to. filling; stations, grocery and dairy stores, hanks,
restaurants and the like, :shall conform to the minimum.
landscaping requirements hereinafter provided, save and
except areas used for parking or other vehicular uses under,
On or •-' in hz dims. nr.a pzut'ne, areas serving single -
and two•fartilyrorz�iIx_s.ach C; a.e.Oti;a: are;:,
voluntarily landscaped. (Code 1970, § 41-19(11):lyd.".So.
1 •rl, g 1)
Sec. 27-60. Installation.
All landscaping shall be installed in a sound workman-
like manner and according to accepted good planting
procedures with the quality of plant materials as hereinafter
described. All elements of landscaping exclusive of plant
material except hedges shall be installed so as to meet all
other applicable code r_cvirements. Landscaped areas shall
require protection from vehicular encroachment as hereinin. 6
provided in sections 27-64 and 27-65. A q ialiSaed tepresenVArs s;
atrve-op-tl e-ageaey-charged-witlrthe-issuance-of-s-uauilding
permit shall inspect all landscaping and no certificate of
occupancy or similar authorization shall be issued unless
the landscaping meets the requirements herein provided.
(Code 1970, § 4i-12(2); Ord. No. 14-71, § 1)
Sec. 27-61. Maintenance.
The owner, tenant and their agent, if any, shall be jointly
and severally responsible for the maintenance of all
landscaping which shall be maintained in good condition so
as to present a healthy, neat and orderly appearance and
shall be kept free from refuse and debris. The responsibility
for maintenance as set forth herein shall include the swale
areas between the sidewalk and road pavement directly in
front of the site. ALliircis apee; ire"- n11 he -provided -with
a-ieTdtry nvnih bi wz?ter-suppl-y—ith-a ;east one outlet
loctttral-w'rt rz✓i:.; r'1 ,. }fi t:t niaa.rial to lie
inaintai-wed-(.Caeo-1S11 1,-1-94-0-rd.,-Nr 1A-71,C�
1894
§ 27-62 NORTH PALM BEACH CODE.
1 taES AND SHRCI313ERY
Sec. 27-62. Plant material.
(a) Quality. Plant materials used in conformance with
provisions of this article shall conform to the Standards for
Florida No. 1 or better as given in "Grades and Standards
for Nursery Plants." Part I, 1963, and Part II, State of
Florida, Department of Agriculture, Tallahassee, or equal
thereto. Grass sod shall be clean and reasonably free of
weeds and noxious pests or diseases. Grass seed shall be
delivered to the jobsite in bags with Florida Department of
Agriculture tags attached indicating the seed grower's
compliance with the department's quality control program.
(b) Tree species. '•'rees shall be species having an average
mature spread of crown of greater than fifteen (15) feet in
this area or this county and having trunks which can be
maintained in a clear condition over five (5) feet of clear
wood. Trees having an average mature spread of crown less
than. fifteen (15) feet may be substituted by grouping the
same so as to create the equivalent of a fifteen (15) foot
crown snre:rd. Palms shall be considered) trees in accord
with standards promulgated by the village council. Tree
species shall be a minimum of fifteen (15) feet overall height
immediately after planting. 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 works unless the tree root sys'tern is completely
contained within a barrier for which the minimum interior
containing dimensions shall be five (5) feet square and five
(5) feet deep, and for which the construction requirements
shall be four (4) inch thick concrete reinforced with No. 6
road mesh (6 x 6 x G) or equivalent. A list of such tree
species shall be maintained by the village for the guidance
of the public.
(c) Shrubs and hedges. Shrubs shall be a minimum of two
(2) feet in height when measured immediately after
planting. )ledges, -.vhere required, shall be planted and
maintained so - is to form a continuous, unbroken, solid,
visual screen within a maximum of one year after time of
-planting
(d) Vines. Vines shall be a minimum of thirty (30) inches
in height, immediately after planting, and may be used in
27-52 conjunction with fences, screens or walls to meet physical
requirements as specified.
(e) Ground covers. Ground covers used in lieu of grass in
whole or in part shall be planted in such a manner as to
present a finished appearance and reasonably complete
coverage within three (3) months after planting.
(f,) Lawn gross. Grass areas shall be planted in species
grown as permanent lawns in this 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, and
providing that in areas where other than solid sod or grass
seed is used, nursear ss seed shall be sown fur immediate
effect and protection until coverage is achieved. (Code 1970,
§41-19(4); Ord. No. 14-71, § 1)
Sec. 27-6:1. Required landscaping adjacent to public
rights -of -way.
On the site of a building or structure or open lot use
providing an off-street parking area or other vehicular use
area, where such area will not be entirely screened visually
by an inttrvening building or structure from any abutting
right-of-way, excluding dedicated alleys, there shall be
provided landscaping between such area and right-of-way,
as follows: -
(1) A strip of land at least five (5) feet in depth located
between the abutting right-of-way and the off-street
parking arca or other vehicular use area which is
exposed to an abutting right-of-way shall be land-
scaped, such landscaping to include one tree from
each fifty (50) lineal feet or fraction thereof. Such trees
:shall be located between the abutting right-of-way
and off-street part:ing area or other vehicular use area
and shall be planted in a planting area of at least
twenty-five (25) square feet with a minimum dimen-
sion of at least five (5) feet. In addition, a hedge or
ether durable landscape harrier at least two (2) feet
1395
Ta€ES AND SEIRUI3I3ERY § 27-64
in height shall be placed along only the perimeter of
such landscaped strip. If such durable barrier is of
nonliving material, for each five (5) feet thereof, one
:,hrub or vine shall be planted abutting such barrier
but need not be spaced five (5) feet apart. Such shrubs
or vines shall be planted along the street side of such
barrier unless they are of sufficient height at the time
of planting to be readily visible over the top of such
barrier. The remainder of the required landscaped
avass shall be landscaped with grass, ground cover or
other land.t pe treat rent excluding paving; provid-
ed, however, that a nonliving durable wall may be
erected on the perimeter of the required landscaped
area opposite the sidewalk or at any point at least
t hree (3) feet from the sidewalk within this landscaped
area. No such landscape harrier wherever located
under this subsection shall exceed three (3) feet in
height or be less than two (2) feet in height.
(2) 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 be landscaped
with at least grass or other a ound cover.
(3) Necessary accessways from the public right-of-way
through all such landscaping shall be permitted to
service the parking or other vehicular use areas and
such accessways may be subtracted from the lineal
dimensions used to determine the number of trees
required. (Code 1970, § 41-19(5); Ord. No. 14-71, § 1)
Sec. 27-64. Perimeter landscaping relating to abut-
ting properties.
On the site of a building or structure or open lot use
providing an off-street parking area or other vehicular use
area, where such areas will not be entirely screened visually
by an intervening building or structure from abutting
property, that portion of such area not so screened which
lies between the front edge .of the property and the front
building line shall be provided with a hedge or other durable
s
•
1. 97
landscape harrier not greater than three (3E feet in height
nor ic-ss than two (2) feet in height to form a continuous
screen between the off-street parking area or other vehicular
use area and such abutting property; provided, however,
that that portion of such area not so screened which lies
between the front building line and the rear line of the
property shall be provided with a hedge or other durable
landscape barrier not greater than six (6) Let in height or
less than two (2) feet in height to form a continuous screen
between the off-street parking area or other vehicular use
area and such abutting property. Such landscape barrier
shall he located between the common lot line and the
off-street parking area or other vehicular use area exposed
to the abutting property provided the purpose cf screening
off-street parking area and othervehicularuse areas is
accomplished. If such barrier consists all or in part of plant
materials, such plant materials shall be planted in a
planting strip of not less than two and one-half (21/2) feet in
width. in addition, one tree shall be provided for each
seventy-five (75) lineal feet of such land;.cape harrier or
fractional part thereof. Such trees shall be located betweea
the common lot line and the off-street parking area or othr-
vehicular use arear Each such tree shall bc, planted in at
least twenty -live (25) square feet of planting area with a
minimum dimension of at least five (5) :feet. Each sucn
planting area shall be landscaped with grass. ground cover
or other landscape material excluding paving in addition t)
the required tree. The provisions of this subsection shall not
be applicable in the following situations:
(1)
When a property line abuts a dedicated alley, or to
those portions of the property that ere opposite .t
building or other structure located on the abutting
property. -
(2) Where a pr osed park5ng area or ther vchica,br us
at -ea ab u } an exiafing Led; or other/durable
lands e barrier on an ab tting pr , erty, said
ex� ng barriers y be uses to satisf e landscape
barrier requiynients of t}}'s subsecyi n provided that
such existipg barrier melts all applicable standards of
1898
§ 27-65 NORTH PALM BEACH CODE
(3)
this articl
meat is
RL S AND SHRUBBERY
and pro/Yection against vehicular encr2tch-
ovided `ur hedges. /
ea or
provis',
goer st
planting a,'6a OS pros abed in ti is subse, ion sha
hbe-Qauced
required; vwever, t�� e numberpf trees may l
to on tree for t;Jery one 'l• ndred j ' enty f e (125)
linegl feet or fraction �liereuf tut al'
onpet rimeter
requirements shah apply withi
ack
aura.
(4) Where abutting property owners desire to share their
parking lots, the requirements of a perimeter hedge
between the two (2) owners may be eliminated
had
provided that the gross area of landscaping
been eliminated is placed elsewhere in the parking
area, so that the total amount of landscaped area will
not be lessened by eliminating the perimeter hedge.
(Code 1970, § 41.19(6); Ord. No. 14-71, § 1)
I.0CC &D wifhrN 7�pcy/rn8reY 0f-1 C..P4R/04/6,q�e.,q,
.,cc. 27-65. Parking urea interior landscaping.
(a) Oft-st- et parking areas shall have at least ten (10)
g space
squiree fe�irftee=or landscaping for each parking which
excluding those spaces abutting .^
perimeterfor
landscaping is required by other sections hereof trnd-
exeluding 4i_par ingespacervi:ie.h.- -" e7 • t-^s`"`okl •�-�m
-euelrr'perim sent In
aisle-abuts»rg-an<I—rirniiiits pa-c=lei-t! quire
addition, ether vehicular use areas shah have one s
e
feet or foot of landscaped
fraction ereof area fof paved or each narca fors the d Of first 01 square
thousand (50,000) square feet excluding the first five
thousand (5,000) square feet of paved area plus one square
foot of landscaped area for each two hundred (200) square
feet or fraction thereof of paved area fprovided,rall
ed areahowoverer,
fifty thousand (50,000) square feet;
areas zoned for industrial use these rcgcrrcments shall be
reduced by fifty (50) per cent. 'Where the property contains
- both parting areas and Other vehicular
forse areas,
the
s two
(2) types of areas may be separated
§ :S
Where the ab}tting property is z
denti9l" uses onle( the tre
the
sed for
with 'es
be
determining the other vehicular use area by first multiply-
ing the total number of parking spaces by four hundred
(4.00) aged subtracting the resulting figure from the total
square tbotage of the paved area. Each separate landscaped
area shall contain a minimum of fifty (50) square feet and
shall have a minimum dimension of at least five (5) feet and
shall irclude at least one tree having a clear trunk of at
least five (5) feet, with the remaining area adequately
landscaped with shrubs, ground cover or other authorized
landscaping material not to exceed three (3) feet in height.
The total number of trees shall be not less than one for each
one hundred (100) square feet or fraction thereof of required
interior landscaped area. Such landscaped areas shall be
located in such a manner as to divide and break up the
expanse of paving. /Nre,1- /or
(b) in other vehicular use areas where the strict applica-
tion of this section will seriously limit the function of such
area, tie required landscaping may be located near the
perimeter of the paved area including such perimeters which
may br adjacent to a building on the site. Such required
interior landscaping which is relocated as herein provided
shall be in addition to the perimeter landscaping require-
ments.
(c) The front of a vehicle may encroach upon any interior
landscaped area when such area is at least three and
one-half (31/2) feet in depth per abetting parking space and
protectei by wheel stops or curbing. Two (2) feet of such
landsea:pea' area may be part of the required depth of each
abutting parking space. (Code 1970, § 41.19(7): Ord. No.
14-71, § 1)
Sec. 27-66. Sight distance for landscaping adjacent to
public -rights -of -way and points of access.
At any place within the corporate Iimits of the Village of
North Palm Beech when an accessway intersects a public
right-of-way or when the subject property abuts the
intersection of two (2) or more public rights -of -way, all
landscaping Within the triangular areas described below
shall provide unobstructed cress -visibility at a level between
Supp. No. t
Supp. No. 1
1899
FREES AND SHRUBBERY § 27-67
three (3) feet and six (6) feet; provided, however, tree; or
palms having limbs and foliage trimmed in such a manner
that no limbs or foliage extend into the cross -visibility area
shall be allowed, provided they are so located so as not to
create a traffic hazard Landscaping except required grass
or ground cover shall not be Located closer than three (3)
feet from the edge of any accessway pavement. The
triangular areas above referred to are:
(n) 'I'he areas of property on both sides of an accessway
for:ard by the intersection of each side. of the
acce:,:;uav and the public right-of-way line with two
(2) sides of each triangle being ten (10) feet in length
from the point of intersection and the third side being
a line connecting the ends of the two (2) other sides.
(b) The arca of property located at a corner formed by the
intersection of two (2) or more public rights -of -way
with two (2) sides of the triangular area being thirty
(30) feet in length along the abutting public right-of-
way lines, measured from their point of intersection,
and the third side being a line connecting the ends of
the other two (2) lines. (Code 1970, § 41-19(8); Ord. No.
14-71, § 1; Ord. No. 22-77, § 1, 12-8-77)
Sec. 27-67. Existing plant material.
In instances where healthy plant material exists on a site
pliot to its development in part or in whole, for the purpose
of off-street parking or other vehicular use areas, the agency
ohff ged—wiUh--t te-issuanoec-of—bu lding,--permits may adjust
the application of the above mentioned standards to allow
credit for such plant material if, in its opinion, such an
adjustment is in keeping with and will preserve the intent of
this article. (Code 1970, § 41-19(9); Ord. No. 14.71, § 1)
Supp. No. 1a
1901
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