§ 62-4341. Landscaping performance standards.

Unless specifically exempted by section 62-4335 or otherwise provided for by resolution, all development shall meet the performance standards listed in this section. Single-family lots less than 2.5 acres but greater than 1.25 acres are exempt from removal and replacement criteria as outlined in subsection 62-4341(18), but must preserve or relocate specimen trees on-site to the greatest extent feasible. Single-family lots 1.25 acres or less are exempt from removal and replacement criteria as outlined in subsection 62-4341(18), including specimen tree criteria. Special landscaping overlays may be enacted by county ordinance.

(1)

No certificate of occupancy or certificate of completion shall be issued by the county without full satisfaction of the following landscaping requirements by the applicant in accordance with the approved development order.

(2)

Satisfaction of the landscaping standards shall be achieved through the preservation of existing native vegetation to the greatest extent feasible. When the minimum landscaping standards cannot be achieved through preservation, plantings of new vegetation shall be required to meet the standards.

(3)

All development shall meet the following standards through preservation, plantings, or a combination thereof:

Minimum large/medium/small trees per acre of area of alteration. Minimum size specifications shall be as outlined in subsection 62-4340(8). For area of alteration greater than one acre, minimum trees shall be determined by multiplying the minimum trees per acre by the actual area of alteration to one decimal place (i.e. five trees/acre × 1.5 acres area of alteration = eight trees). Lots containing 0.10 acre or less of area of alteration shall provide no less than two trees. Greater than 0.10 acre of area of alteration but less than 0.15 acre of area of alteration shall provide no less than three trees. Where calculations yield fractions of trees, required trees shall be rounded up to the nearest full tree. No less than 50 percent of trees shall be large species. No less than 25 percent shall be of medium species.

5

Minimum number of shrubs and groundcovers, not including sod, per acre of area of alteration. Minimum shrubs shall be determined by multiplying the minimum shrubs/groundcover plants required per acre by the actual area of alteration to one decimal place (i.e. 125 shrubs/acre × .5 acre area of alteration = 63 shrubs required). Minimum standard is a three-gallon fully rooted 15—18 inches in height shrub or equivalent. Preservation of 16 square feet of native understory is equal to one three gallon fully rooted 15—18 inches in height planted shrub. Where calculations yield fractions of shrubs, required shrubs shall be rounded up to the nearest full shrub.

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All plantings shall be at least Florida No. 1 grade as defined by the Grades & Standards for Nursery Plants. 1998. Division of Plant Industry, Florida Department Agriculture and Consumer Services, as may be amended. Fruit and nut crops, appropriate to Brevard County, shall be considered for credit towards required plantings provided size specifications, as outlined above, are met.

(4)

At least 50 percent of trees required for preservation and planting shall be of native species. At least 50 percent of shrubs and groundcovers shall be native species or recommended by "Waterwise Florida Landscapes", 2004. Florida Water Management Districts, as may be amended. vegetation defined as nonnative invasive or undesirable plants per section 62-4332 shall not be credited towards fulfillment of preservation or planting requirements.

(5)

Road frontage and vehicular use areas. This section does not apply to single-family lots, parcels or lots platted as part of an approved subdivision. For residential subdivisions and commercial, public, institutional, or industrial projects, the following specific locational landscape requirements shall be satisfied:

a.

Type B, roadway buffer in accordance with the vegetative buffering requirements of this division.

b.

To mitigate the Heat Island Effect, vehicular use areas shall have appropriate shading.

i.

For each ten parking spaces, one planted or preserved tree shall be provided and distributed throughout the parking area. Plantings may be clustered to promote healthy trees and sustainable design. For all vehicular use areas, 25 percent of the required trees shall be large species of minimum size. Medium size tree species shall also meet minimum size requirements. Small species shall constitute a maximum 25 percent of the required trees and shall meet minimum size specifications.

ii.

Parking spaces immediately abutting a landscape buffer required pursuant to section 62-4341 or vegetated lands of comparable quality subject to a recorded plat condition. Declaration of covenants, or with sufficient protective language, noted on the approved landscape plan, to prohibit activities that are detrimental to the perpetual preservation of the area, shall be exempted from this subsection.

iii.

Where bus, recreational vehicle, boat, motorcycle, golf cart, or any other nonstandard spaces are provided, a landscape island twice the size of each nonstandard space shall be provided for each ten nonstandard spaces. There shall be one planted or preserved tree (minimum 2.5 inches caliper) for every 300 square feet contained within the landscape island.

c.

For commercial and industrial uses, for each 400 square feet of vehicular use area other than parking, there shall be an additional ten square feet of landscaping. The placement of this must be in association with the vehicular use area and shall be integrated within the vehicular use area in a manner compatible with vehicular movement.

(6)

Additions or modifications to existing structures. Any applicant for an active development order for an external expansion, modification or addition to structures existing on the property, where the expansion or addition shall increase the applicable floor area of the structure at least 50 percent for single-family residential dwellings and 25 percent for all other development shall comply with all landscaping requirements specified in this division. Where demolition of existing buildings or creation of separate buildings is being proposed or has occurred, these areas shall meet current performance standards. Where vehicular use areas are being expanded or replaced, such areas shall be required to meet the standards in subsection 62-4341(5) as applicable. Where expansion for all development, excluding single-family residential dwellings, is visible from the road from any angle, pavement or concrete cut-outs shall be required to satisfy buffer and parking lot landscape islands to mitigate the Urban Heat Island Effect. Buffer requirements shall follow those outlined in section 62-4342 where feasible. Parking lot landscape island requirements shall follow those outlined in subsections 62-4341(5)(b) and (c) where feasible. Alternative landscape enhancement plans shall not be required for cut-outs that can not feasibly meet the strict application of the requirements, landscape plans shall be reviewed as standard landscape and land clearing applications.

(7)

Standards for plant materials. All plant materials utilized to satisfy the landscaping requirements in this division shall conform to the standards for Florida No. 1 grade as defined by the Grades & Standards for Nursery Plants. 1998. Division of Plant Industry, Florida Department of Agriculture and Consumer Services, as may be amended.

(8)

Minimum size of newly planted trees. Trees used to fulfill the landscaping requirements in this division, shall meet the following overall height, caliper and spread requirements, at the time of planting, by species classification:

a.

Large species: Twelve feet tall with 2.5-inch diameter (caliper) minimum and five-foot spread.

b.

Medium species: Ten feet tall with 1.5-inch diameter (caliper) minimum and three-foot spread.

c.

Small species: Eight feet tall with one-inch diameter (caliper) minimum and two-foot spread.

d.

Palms: Ten feet of clear trunk.

For single-family residential lots, eight feet tall, one inch minimum caliper, three-foot spread trees may be substituted on a 3:1 basis for each required large species tree.

(9)

Use of palms. Preservation of palms, or the planting of palms, may only be used to satisfy up to 25 percent of the required landscaping unless barrier island conditions prohibit the use of less salt-tolerant plants.

(10)

Use of synthetic plants. In no event shall synthetic plants such as manmade, plastic, rubber or silk plants be used for landscaping credits. Removal of existing landscape materials for installation of synthetic plants is prohibited.

(11)

Selection of plant materials. The selection of new plant materials or preservation of existing vegetation to satisfy the landscaping or preservation requirements in this division shall be compatible with the proposed use of the site, type of soils, hydroperiods, climate, water quality and other general environmental concerns.

(12)

Location of plant materials. The vegetation utilized to satisfy the landscaping requirements in this division shall be located on the site in such a manner that the vegetation shall:

a.

Not interfere with drainage systems or utility services or create an unsafe visual clearance or other safety or maintenance hazard. This does not prohibit the appropriate plantings in stormwater retention or detention areas or within utility easements.

b.

Be placed in a manner that will not interfere with vehicular or pedestrian traffic and circulation or visibility.

c.

Be protected from vehicular encroachment.

(13)

Planting in homeowner association (HOA) owned property/tracts/landscape easements/right-of-way. Single-family homeowners may plant required landscaping in immediately adjacent homeowner association owned property/tracts/landscape easements/right-of-way. These plantings shall be credited toward satisfaction of landscaping requirements provided that:

a.

The plantings are part of a landscape plan approved as part of the final plat for the development or written agreement such as HOA documents shall be provided that demonstrate that such planting are permissible. Homeowner must provide written documentation verifying HOA approval of proposed plantings.

b.

The area of planting is included in the area of alteration calculation.

(14)

Site preparation. Before landscape installation, the applicant shall provide documentation that the soils are suitable for the prescribed plantings. Any soil amendments shall be preformed in accordance with accepted industry standards. For multifamily, institutional, public, residential subdivisions, commercial and industrial development, certification by a registered or certified landscape professional will be required as proof that such soil amendments have been made prior to the issuance of the certificate of occupancy or completion.

(15)

Prior to the issuance of the certificate of occupancy or certificate of completion for single-family, subdivision, multifamily, commercial, institutional, public and industrial projects, and at the time of development of government-owned lands, all nonnative invasive plants, as defined in this division, shall be removed. For lots greater than five acres, the requirement to remove and control re-growth of nonnative invasive plants applies to five contiguous acres to and including the area of alteration as defined in section 62-4332. After the issuance of the certificate of occupancy or certificate of completion, re-growth of nonnative invasive plants shall be controlled in perpetuity. The requirements to remove nonnative invasive plants at the time of development and control re-growth of such plants in the required area within the site shall apply countywide and prospectively to property after October 24, 2006. Australian pine may be retained on-site with a waiver from the director if maintained at its current extent.

(16)

For projects using Xeriscaping ^tm or water-wise landscaping, the following criteria shall be met:

a.

Landscape plans must clearly demonstrate that plant species are grouped by hydrozones (i.e., natural areas, drought tolerant areas, and oasis areas). In addition, the landscape must be installed as detailed in the landscape plan.

b.

Property must be 100 percent free of nonnative invasive and undesirable plants.

c.

A layer of at least three inches of nonsynthetic inorganic or organic mulches must be present. The use of mulch containing Chromated Copper Arsenate (CCA) is expressly prohibited. NRMO has the authority to inspect and require testing of newly placed mulch material for CCAs and the responsibility to deny final approval of a landscape plan if mulches containing CCAs are used.

d.

No more than 50 percent of the landscape shall be equipped with high volume (micro) irrigation delivery systems.

e.

Soil analysis and letter confirming appropriate amendments must be submitted to NRMO.

f.

Property must be free of nuisance vegetation as defined in chapter 114, article II.

g.

Landscape must be appropriately maintained. Improper pruning shall not constitute appropriate maintenance. In no event shall overgrowth as defined in chapter 114, article II be allowable as Xeriscaping ^tm or water-wise landscaping.

h.

Consistent with Florida law, the automatic irrigation system, if any, must be equipped with an automatic rain sensor shut-off device.

i.

If criteria in [subsections] a. through h. are met in their entirety, NRMO may provide special recognition in the form of a listing on the Brevard County web site or via signage to be displayed in the landscape and a 50 percent reduction of the required shrubbery square footage per acre of area of alteration shall be credited.

j.

Any yard conforming to the Florida Native Back Yard Program or any similar program officially endorsed by the State of Florida shall not constitute a nuisance.

(17)

Performance bond. When the county manager or designee determines that circumstances indicate that the planting of trees or vegetation prior to the issuance of a certificate of occupancy or certificate of completion would not be prudent, for reasons such as an improper time of year for the planting of trees, the applicant may post a performance bond with the board of county commissioners, in a form acceptable to the county. The performance bond, if posted, shall be in an amount of no less than 125 percent of the estimated cost of all trees and vegetation to be planted, plus labor, pursuant to the requirements of this division. The performance bond shall be received and accepted by the county prior to the issuance of the certificate of occupancy or certificate of completion.

(18)

Replacement criteria. Specimen and protected trees shall be preserved or relocated on-site to the greatest extent feasible. Where the site, parcel or lot has met canopy coverage requirements as outlined in section 62-4339, without the use of an alternative landscape enhancement plan, site, parcel or lot shall not be subject to replacement criteria with the exception of specimen trees. Where the removal of a protected or specimen tree is necessary below the minimum canopy preservation percentage required per section 62-4339, an alternative landscape enhancement plan shall be required that meets the criteria in section 62-4344.

(Ord. No. 06-55, § 12, 10-24-06; Ord. No. 08-01, § 10, 1-8-08; Ord. No. 09-24, § 8, 9-15-09)