DRAFT REVISIONS 02-12-16 Land Development Regulations: Article V

Article V. Landscaping and Protection

5.00.00 ObjectivePurpose The terms and provisions of this Article shall apply to all real property lying within the incorporated area of the town, except single-family dwellings not constructed for sale. The procedures and provisions of this Article are applicable to all new landscaping not part of a site plan seeking approval under Article IV. The objective purpose of this Article is:

1) To ensure landscaping is an integral part of development and redevelopment by improve improving the appearance of setback and yard areas as well as parking lots and other vehicular use areas which will help to protect and preserve the appearance, character and value of the surrounding area and thereby promote the general welfare and aesthetic qualities of the town;

2) To create buffer areas between properties of different zoning classifications to reduce nuisances of sight and sound and other incompatibilities between abutting land uses; and

3) To establish minimum landscaping criteria for off-street parking areas to promote, protect and enhance the public health, safety and general welfare.

4) To promote the preservation and use of in the community and control the removal of protected trees.

5.01.00 Definitions In construing the provisions hereof 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. The word "shall" is always mandatory and not merely directory.

5.01.01 Interpretations For the purpose of this Article, certain words and terms used herein shall be interpreted to have meanings as defined below. Where words or terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply. Words used in the present tense include the future; the singular number includes the plural and the plural includes the singular. The word "shall" is mandatory; the word "may" is permissive.

In addition to the provisions above, the Economic and Community Development Department Director has authority to determine the interpretation or usage of terms in this Article. Appeal of an interpretation made by the Economic and Community Development Department Director shall be to the Town Council. The written request for appeal must be submitted to the Town Manager within thirty (30) calendar days of said director’s decision.

5.01.01.01 Accessways. A paved area intended to provide ingress or egress of vehicular traffic from a public right-of-way to an off-street parking area or loading area.

5.01.01.02 Alley. A public or private way which affords only a secondary means of access to property abutting thereon.

5.01.01.03 Canopy tree. Self-supporting woody of species which normally grow to an overall height of 30 feet or greater.

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5.01.01.0304 Change of use Any modification to an existing building, off-street parking area, or accessway that would require a building permit.

5.01.01.0405 Diameter breast height (D.B.H.). "Diameter breast high" or theThe tree trunk diameter in inches at a height of 4.5 feet above the ground. If a tree splits multiple trunks below 4.5 feet, the tree shall be measured in two places, the narrowest point between the split and sum of the calipers of the trunks immediately above the split. Whichever is the greatest measurement is to be the measurement applied. If there is no single trunk above ground level to measure, the measurement shall be the sum of the calipers of the various trunks at breast height.of a tree at four and one-half (4½) feet above the ground level.

5.01.01.06 Drip line. A vertical line run through the outermost portion of the canopy of a tree and extending to the ground.

5.01.01.0507 Encroachment. Any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area.

5.01.01.0608 Ground covers. Vegetation used in lieu of grass, or nonliving natural materials such as a decorative mulch such as but not limited to or cypress bark, pebbles or rock, but excluding artificial materials.

5.01.01.09 Irrigation system. An underground automatic watering system which consists of heads, valves, pipes, etc. used for the sole purpose of sustaining and promoting life. This definition shall also apply to drip and soaker hose irrigation.

5.01.01.0710 Landscaping. Any of the following or combination thereof- Materials such as, but not limited to, grass, ground covers, , hedges, trees or palms, and nonliving durable material commonly used in landscaping, such as but not limited to rocks, pebbles, decorative mulch, walls or fences, but excluding paving.

5.01.01.0811 Landscaping plan. A scale drawing that indicates all planting areas, existing and proposed plant materials, designating species, quantity and location.

5.01.01.0912 Landscaping site and tree plot plan. A plan or plans of the space and ground occupied or to be occupied by a building, showing location of said building, setbacks, required parking and other vehicular use areas, landscaping areas (both perimeter and interior), dumpster locations, all accessory buildings, all utilities, all four (4) inch D.B.H. or larger-trees in the setback areas and all live on the site.

5.01..01.1013 Lawn grass. A species normally grown as permanent lawns in Clay County, Florida. Grass areas may be sodded, plugged, sprigged, or seeded. Solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass is used, nursery grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.common to the area.

5.01.01.1114 Parking area. Any vehicular use area in which parking spaces are required.

5.01.01.1215 Parking area interior. That area lying within the boundaries of the off-street parking and other vehicular use areas.

5.01.01.16 Protected tree. Any tree having a diameter at breast height of eight (8) inches or greater, excluding exempted trees. All live oaks are protected trees. Any tree preserved or planted to meet the requirements of this Article becomes a protected tree, regardless of size.

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5.01.01.1317 Shrubs. A self-supporting woody perennial evergreen plant of low stature characterized by persistent stems and branches springing from the base.

5.01.01.1418 Trees. Self-supporting woody plants of species which normally grow in the locality to a minimum overall height of fifteen (15) feet.

5.01.01.1519 Vines. Plants which normally require support to reach mature form.

5.01.01.1620 Walls or fences. Walls or fences used as landscape screens or barriers shall be constructed in accordance with the requirements of the Florida Building Code and landscaped in accordance with the requirements set forth herein.

5.02.00 General requirements for certain yard areas and off-street parking and other vehicular use areas All areas 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 or not, and all land upon which vehicles traverse the property as a function of the primary use, shall be referred to as "other vehicular uses". This includes but is not limited to activities of a drive-in nature such as filling stations, grocery stores, dairy stores, banks and restaurants. All shall conform to the minimum landscaping requirements hereinafter provided except areas used for parking or other vehicular uses under, on or within building and parking areas serving single- and two-family uses.

1) Installation: All landscaping shall be installed in a sound workmanship like manner and according to accepted good planting procedure with the quality of plant material as hereinafter described. All elements of landscaping exclusive of plant material, except hedges, shall be installed so as to meet all other applicable ordinances and Code requirements. Landscaped areas shall require protection from vehicular encroachment. A qualified representative of the Environmental Quality Board or its designee shall inspect all landscaping, and no certificates of occupancy and use or similar authorization will be issued unless the landscaping meets the requirements herein provided, or as provided under section 5.06.00, "performance surety."

2) Maintenance: The owner and/or agents shall jointly and severally be responsible for the maintenance of all landscaping which shall be maintained in good condition to present a healthy, neat and orderly appearance, free from refuse and debris. Water outlets shall be located to provide efficient maintenance of plant material. If a question arises as to whether the required landscaping is being properly maintained, the decision of the Environmental Quality Board shall prevail.

3) 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 and Part II,by the State of Florida Department of Agriculture , Tallahassee", or equal thereto. Grass sod shall be clean and reasonably free of weeds, noxious pests and diseases.

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b. Ground cover. Ground covers, either vegetative or nonliving, shall present a finished appearance. Vegetative ground covers shall provide reasonably complete coverage within six (6) months after planting. However, when slow maturing ground covers are used, they shall be mulched.

c. Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in Clay County. Grass areas may be sodded, plugged, sprigged, or seeded. Solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass will is used, nursery grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

d. Shrubs. Shrubs shall be a minimum of two (2) feet in height immediately upon planting. Low growing species such as ground junipers are exempted from this requirement.

e. Hedges. Hedges shall be of even species and, where required, shall be planted and maintained to form a continuous, unbroken, solid visual within a maximum of two (2) years.

f. Trees

1. Crown spread. Trees shall be of species having an average mature crown spread of at least fifteen (15) feet in Clay County and having trunk(s) which can be maintained in a clean condition over six (6) feet of clear wood, where visibility is necessary. Trees having an average mature crown spread of less than fifteen (15) feet may be grouped to create the equivalent of a fifteen (15) foot crown spread.

2. Heights. Trees shall be a minimum of twelve (12) feet overall height or a minimum of four (4)three (3) inches DBH immediately upon planting.

3. Species. Tree selection shall provide a harmonious blend of evergreen and deciduous types.

4. Damaging roots. Trees of species whose roots are known to cause damage to public roadways or other public works facilities shall not be planted closer than twelve (12) feet to such public works facilities.

g. Vines. Vines shall have a minimum of three (3) branches and shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.

4) Existing plant material: Where healthy plant material exists on a site prior to its development, in part or in whole, the Environmental Quality Board or its designee may adjust the application of the landscape requirements 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.

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5) Existing tree credit: 1) Allowable tree credits: The following credits for preserving existing trees shall be utilized. Each tree credit shall be allowed to replace one (1) required tree:

Number of DBH of Existing Trees Tree Credits 2 3 inches and above 1 6 inches and above 2 12 inches and above 3 18 inches and above 4 812-foot height palm 1/3 (3 palms = 1 tree credit)

2) Condition of trees to be used as credits. Existing trees may be utilized to satisfy any requirement for trees, subject to the following conditions:

a. An area within the dripline of the trees a minimum of six (6) feet away from the base of any tree, and including at least fifty (50) per cent of the area under the dripline, shall be preserved in its natural state or covered with pervious landscape material; provided, however, that the minimum area preserved shall be at least one hundred fifty (150) square feet for shade trees and at least twenty-five (25) square feet for all other trees. Such area shall be maintained at its original grade with no trenching, cutting of any roots or compaction of soil. There shall be no storage of fill concrete, paint, chemicals or other foreign substance in or on the soil.

b. The trees shall not be damaged from skinning, barking and the like.

c. The trees shall be healthy and free from disease, damage and active insect infestation potentially lethal to the tree.

d. Each tree shall be located no less than fifteen (15) feet, measured trunk to trunk, from any other existing tree being utilized under this section.

6) Planting areas. All planting areas shall be covered with grass or other ground cover where not otherwise landscaped.

5.03.00 Specific landscaping requirements for certain yard areas and off-street parking and other vehicular use areas A landscaped buffer area on all perimeters plus interior landscaping shall be required on the site of a building or open lot use providing an off-street parking area or other vehicular use area as hereinafter described.

1) Perimeter landscaping adjacent to public rights-of-way. Adjacent to sidewalks, streets and other public rights-of-way, a strip of land at least five (5)ten (10) feet in width shall be landscaped between along the public right-of-way and the off- street parking or other vehicular use area unless said area is completely screened from the public right-of-way by an intervening building or structure, or

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is adjoining a dedicated alley. The buffer requirement may be reduced to five (5) when all the off-street parking is located to the rear of the building. Where vehicular parking abuts said perimeter, the area between wheel stops or curbing and the end of the parking space shall be omitted as surfaced area and landscaped in addition to the required landscaping herein (see diagrams 1, 2 and 3). Said landscaping shall include:

a. One canopy tree for each fifty (50)thirty (30) lineal feet or fraction thereof. Such trees shall be planted in a planting area of at least one hundred fifty (150) square feet with one (1) dimension of at least ten (10) feet. Clustering of three (3) smaller trees may replace the planting of one (1) canopy tree if approved by the Town Manager or the Manager’s designee.

b. A visual barrier shall be placed along the perimeter of such landscaped strip when abutting off-street parking areas, when no off-street parking is adjacent to the right-of-way, the plant material shall be provided in an equal amount on the property excluding cross visibility areas limited to thirty (30) inches as mentioned hereinafter. One (1) or a combination of the following shall be provided:

1) A wall or other durable barrier of nonliving material thirty (30) inches in height. One (1) or vine shall be planted abutting such barrier along the street side for each ten (10) lineal feet or fraction thereof.

2) A double staggered hedge of at least twelve (12) inches in height to reach thirty (30) inches within two (2) years.

3) A natural barrier of existing vegetation.

4) Equivalent landscaping of mounds clustered or island planting which will preserve the intent of the Article to screen the harsh expanse of paving and parked vehicles or other vehicular use areas may be accepted as a variance by the Environmental Quality Board.

c. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape materials.

d. When loading zones or service areas abut rights-of-way said areas shall be screened with a six-foot opaque fence or wall with heretofore mentioned requirements of shrubs, or vines and trees excluding cross visibility areas limited to thirty (30) inches as mentioned hereinafter.

e. Necessary accessways from the public right-of-way through the required perimeter landscaped strip shall be permitted to service the parking or other vehicular use areas, and such accessways may be subtracted from the lineal dimension used to determine the number of trees required.

2) Sight distance for landscaping adjacent to public rights-of-way and point of access. When an accessway intersects a public right-of-way, or when the subject property abuts the intersection of two (2) or more rights-of-way, all the landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between thirty (30) inches and six (6) feet;

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provided, however, trees 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 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. The triangular areas above referred to are:

a. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway 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 being a line connecting the ends of the other two (2) sides (see diagram 5).

b. The area of property located at the corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangle 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 (see diagram 4).

3) Perimeter landscaping relating to abutting properties. Off-street parking or other vehicular use areas which are not entirely screened visually by intervening buildings or structures shall be landscaped to screen said areas from adjacent properties as provided below:

a. Required landscaping for nonresidential properties adjacent to residential properties and for multifamily properties adjacent to single-family properties shall include: 1) A fence or wall not less than six (6) feet nor more than eight (8) feet to form a visible barrier (reference: zoning ordinance, section 2.05.10.00, "buffer between districts"); and 2) A buffer yard of at least twenty (20) feet in width with a solid hedge or acceptable group plantings to form a visual and sound barrier (reference: zoning ordinance, section 2.05.10.00); and 3) A canopy tree for each twenty (20)thirty (30) lineal feet, located between the common lot line and the off-street parking area, with each tree planted in an area at least one hundred fifty (150) square feet with a minimum dimension of at least ten (10) feet. Spacing of trees may be varied for aesthetic or functional purposes. Clustering of 3 smaller trees may replace the planting of one canopy tree. These trees must be a minimum 12 feet in height at the time of planting. Palms may be used in lieu of canopy trees at a ratio of 3 palms for each canopy tree. Palms must be twelve (12) feet in height at time of planting.

b. Required landscaping adjacent to commercial properties shall include:

1) A buffer planting strip at least five (5) feet in width around the perimeter of the property, . two (2) feet of which shall be considered part of the required dimensional parking space, and protected by wheel stops or curbing (see diagram 3); and The minimum requirements for the landscape buffer plantings shall be evergreen shrubs planted at (3) three feet on center in a row along the length of the buffer and one canopy for each (30) thirty linear

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feet. Clustering of (3) three smaller trees may replace the planting of one canopy tree. These trees must be a minimum (12) twelve feet in height at time of planting. Palms may be used in lieu of canopy trees at a ratio of (3) three palms for each canopy tree. Palms must be twelve (12) twelve feet in height at time of planting.

2) An acceptable group planting to form a visual barrier; and

3) For each fifty (50)thirty (30) lineal feet, provide one (1) canopy tree between the common lot line and the off-street parking areas with each tree planted in an area at least one hundred fifty (150) square feet with a minimum dimension of at least ten (10) feet. Spacing of trees may be varied for aesthetic and functional reasons. Clustering of (3) three smaller trees may replace the planting of one canopy tree. These trees must be a minimum (12) twelve feet in height at time of planting. Palms may be used in lieu of canopy trees at a ratio of (3) three palms for each canopy tree. Palms must be (12) twelve feet in height at time of planting.

4) Parking area interior landscaping. Such landscaped area shall be distributed throughout a parking area in such a manner as to provide visual and climatic relief from broad expanses of pavement and at strategic points to guide traffic as provided below:

a. If a building requires nine (9) parking spaces or less, interior landscaping may be omitted.

b. An area equal to at least fifteen (15) per cent of the total off-street parking and other vehicular use area shall be allocated to interior landscaping. Perimeter and buffer landscape area requirements shall not be included in such fifteen (15) per cent. This shall be in addition to total area required for off-street parking spaces as specified by the zoning ordinance, section 2.06.03.00, "off- street parking: space required."

c. Each separate landscaped area shall contain a minimum of one hundred fifty (150) square feet.

d. Each separate landscaped area shall contain at least one (1) 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 thirty (30) inches in height.

e. The total number of trees shall not be less than one (1) for each four hundred fifty (450) square feet or fraction thereof, of required interior landscaped area excluding area dedicated for water retention.

f. All interior landscaping shall be protected from vehicular encroachment by curbing or other barriers (see diagrams 1, 2 and 3). The front of a vehicle may encroach upon any interior landscaped area which is at least five (5) feet in depth per abutting parking space and protected by wheel stops. Two (2) feet of said landscaped area may be a part of the required depth of each parking space. Or, anywhere curbs or other barriers are utilized the area between the barrier and the end of the parking space shall be omitted as surfaced area, and

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landscaped in addition to the required landscaping herein. And further provided that said landscaping is of minimal maintenance material, such as grass or ground cover (see diagrams 1 and 2).

g. In other vehicular use areas such as service stations where the strict application of this subsection will seriously limit the function of said area, the required landscaping may be located near the perimeter or may be adjacent to a building on the site.

5) All backflow prevention devices or any other mechanical equipment must be enclosed by a wall or structure meeting the requirements in Section 2.04.13.15.

6) Chain link fences are not permitted in any commercial districts. Any chain link fence which may become nonconforming as a result of these regulations or any amendment to these regulations may be continued in operation and maintained until October 1, 2026 as a legal nonconforming fence. After that date, all chain link fences within commercial districts shall be immediately removed.

6)7) Schedule of fees. The following schedule of fees shall apply to the action under this Code. A receipt showing payment of the applicable fees shall accompany an application for commercial site plan review prior to consideration thereof:

a. An application for commercial site plan review fee (this fee covers all routine administration review) $35.00

b. Application for appeal $50.00

Note—Diagrams 1 through 5 are set out at the end of this Article.

5.04.00 Other applicable regulationsMinimum tree requirements These minimum tree requirements shall apply to all property within the Town that is subject to the provisions of this Article. Credit will be given for trees on the Preferred Plant List (see Section 5.22.00). Sections 5.02.00 and 5.03.00 also provide additional landscaping requirements.

a) This Article shall apply to new or redeveloped off-street parking and other vehicular uses. a) Residential uses. For each parcel upon which a single-family, two-family or multifamily dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature: One (1) four-inch caliper tree shall be planted and/or preserved for every two thousand five hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom preserve areas and water bodies. Of the minimum required trees, one (1) tree shall be provided or preserved within the required front yard.

b) The provisions of this Article shall be subject to other applicable regulations where such regulations are more restrictive and not otherwise inconsistent with the provisions of this Article. b) Commercial uses. For each parcel upon which a commercial structure or associated accessory use is proposed, or where the primary activity is commercial in nature: One (1) four-inch caliper tree shall be planted and/or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies.

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c) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is proposed, or where the primary activity is industrial in nature: One (1) four-inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies.

d) Public/semi-public (governmental or institutional) uses. For each parcel upon which a government structure or associated accessory use is proposed, or where the primary activity is public/semi-public in nature: One (1) four-inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies.

5.05.00 Landscaping site and tree plot plan approval Except for single- and two-family dwellings, prior to the issuance of any building or paving permit for a new, enlarged or altered structure or improvement or use; certificate of occupancy or certificate of occupancy and use under the provisions of this Article and the Orange ParkFlorida Building Code; and, prior to approval by the director of economic and community development, zoning board or Town Council, the a landscaping site plan, and tree plot plan, and drainage plan which complies with Section 3.11.00 of this ordinance shall be submitted to, and approved by, the Environmental Quality Board, or its designee or, in the case of site plan approval, the Land Use Planning and Policy Committee.

1) The site plan shall be drawn to scale, including dimensions and distances. Acceptable scale shall be one (1) inch equals twenty (20) feet, one (1) inch equals thirty (30) feet, or one (1) inch equals forty (40) feet. Plans shall include the following:

a. Location of all trees over four (4) inches D.B.H. (diameter breast height) on the setback and all live oaks onwithin 20 feet of the property boundary and all live oaks on the property and all trees with a DBH of 12 inches or more on the property.

b. Areas for landscaping.

c. The plant material proposed for use designating the name and location may be shown or submitted as a separate landscaping plan. Existing plant material is encouraged to be used wherever possible, and credit will be given for the leaving of healthy plant material.

d. The existing and proposed parking spaces or other vehicular use areas, access aisles, driveways, sewer lines, grease traps, sprinkler or water outlet locations and description of all other landscape materials.

e. Setbacks and location and size of buildings, if any to be served.

2) No building permit, certificate of occupancy, or certificate of occupancy and use shall be issued for such building or paving unless such landscaped site plan complies with the provisions herein.

5.06.00 Performance surety In the event that the landscaping requirements of this Article have not been met at the time that a building permit, certificate of occupancy, or certificate of occupancy and use could be granted,

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and said permit or certificate is requested, the department may enter an agreement (approved by the Town Attorney with the owner or his the owner’s agent) that the provisions and requirements of this Article will be complied with. The owner or his the owner’s agent shall post a performance bond or cash or other town-approved security in the amount equal to one hundred (100) per cent of the costs of materials, labor, and other attendant costs incidental to the installation of the required landscaping, the amount not less than one thousand dollars ($1,000.00). The security shall:

1) Run to the Town Council.

2) Be in a form satisfactory and acceptable to the Town Council.

3) Specify the time for the completion of the landscaping requirements of this Article, not to exceed six (6) months.

5.07.00 Variances The Environmental Quality Board may, upon appropriate application, vary or waive the terms and provisions of this Article due to unreasonable hardships in specific cases.

a) Requirements for grant of variance. The Environmental Quality Board may grant a variance from the terms of Article V as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. In order to authorize any variance from the terms of the ordinance the applicant must show and the Environmental Quality Board must find:

1) That special conditions and circumstances exist because of size, shape, topography or other physical conditions which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

2) That the special conditions and circumstances do not result from the actions of the applicant;

3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district;

4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant;

5) That the variance granted is the minimum variance that will make possible the reasonable use of land, building;

6) That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

b) In passing upon a request for variance, the Environmental Quality Board shall not consider prospective financial loss or gain to the owner or applicant.

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5.08.00 Appeals Decisions of the Environmental Quality Board may be appealed to the Town Council by written notice thereof filed with the Town Clerk no later than twenty (20) days after the decision sought to be appealed. The notice shall contain a short and concise statement of the facts involved and shall state the grounds upon which the appeal is taken. The Town Clerk shall notify the Environmental Quality Board within three (3) working days of receiving a notice to appeal.

Interpretation by the Town Manager or his the Manager’s designee may be appealed to the Environmental Quality Board by written notice thereof filed with the Town Clerk no later than twenty (20) days after the decision sought to be appealed.

5.09.00 Enforcement, violations and penalties a) Enforcement responsibility. The Environmental Quality Board through the Director of Economic and Community Development shall provide for the enforcement of this Article, and the town shall provide for the employment of those persons necessary for the administration and enforcement of this Article.

b) Violations and penalties. For any and every violation of this Article, and for each and every day that such violation shall continue, said violation shall be punishable by a fine of up to two hundred-fifty dollars ($250.00) per day for first time violators and up to five hundred dollars ($500.00) per day for repeat violations.

c) Persons charged with such violation may include the owner, agent, lessee, tenant, contractor, or any other person using the land, building, or premise where such violation shall have been committed or shall exist.

d) In addition to criminal penalties, the town may institute any lawful civil action or proceeding to prevent, restrain, or abate: 1) The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance or use of any building, structure, or parking area; or 2) The occupancy and/or use of such building, structure or parking area; or 3) The illegal act, conduct, business, or use of, in or about such premises. 4) Furthermore, the town shall have the authority to issue, cease and desist orders to any person using the land, building, or premises where a violation of the Article has been committed or shall exist.

e) No building permit or certificate of occupancy and use shall be issued by the town for any purpose except in compliance with this Article.

f) The town may suspend or revoke a building permit or certificate of occupancy and use where an administrative determination has been duly made that an error omission has been made or that false statement or misrepresentation existed as to material facts in the application or plans upon which the permit or approval was based.

g) Any decision of the Environmental Quality Board or an administrative official may be appealed to the Town Council.

5.10.00 Remedies for protected Tree tree removal without a permit a) Removed protected trees are to be replaced with like trees of the same size, species and location. When replacement of protected trees is not practical as reasonably determined by

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the Town Manager with the concurrence of the Environmental Quality Board, an equal number of inches of the same species shall be applied to replace the trees. The plantings shall meet the general planting requirements as provided in this Article and shall be planted on the same site.

a)b) If Subsection 5.10.00(a) may not be reasonably met as determined by the Town Manager with the concurrence of the Environmental Quality Board, payment into the Tree Bank Fund instead of replanting is required. The rate of payment shall be a the replacement cost of the particular species, at a protected tree size, as determined by a replacement cost estimate. This shall be accomplished not more than 30 days after the notification of the violation.

5.11.00 ReservedEnvironmental Quality Board It shall be within the powers of the Orange Park Town Council to appoint an Environmental Quality Board, consisting of at least five (5) members, but not more than seven (7), each of whom shall reside in and be qualified voters of the Town and shall hold no office of profit under the Town government. Members where practical, shall include a representative from the various geographic areas of the Town.

5.11.01 Environmental Quality Board; procedures Members of the Environmental Quality Board shall be appointed for terms concurrent with the terms espoused in Section 6.02 the Town Charter. Any vacancy in the membership shall be filled for the unexpired term within sixty (60) days, in the same manner as the initial appointment. A member of the Environmental Quality Board may be removed from office for cause by the affirmative vote of eighty percent (80%) of the entire Town Council; provided, that upon his or her request, the member so affected shall have the right to written charges and a public hearing before the Town Council prior to such removal.

The Environmental Quality Board shall adopt rules of procedure for the governance of its proceedings and the conduct of its business and may adopt such other rules relating to its internal administration as may be necessary. Such rules shall include the following:

a) Officers and voting. Within thirty (30) days of full appointment, the Environmental Quality Board shall select a new chairman and a new vice-chairman from among its members and may create such other officers as it may determine, with all such officers serving a term of one (1) year unless removed from the office for due cause. All members of the Environmental Quality Board shall vote in all matters before the Board, except where absent or disqualified. Vote shall be recorded by a roll call vote.

b) Minutes, public records. The Economic and Community Development Department Director, or the Director’s designee, shall serve as the Environmental Quality Board secretary, keep minutes of all its meetings and record its actions and decisions; make a timely report of all Environmental Quality actions to the Town Council.

c) Meetings. Regular meetings shall be held on the second Thursday of each month and at such other times as a majority of the Environmental Quality Board may determine. All meetings shall be open to the public and shall be held in governmentally owned or leased premises.

d) Quorum. A majority of the Board shall constitute a quorum for the purpose of meetings and transacting business.

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e) Disqualification of board members. If any member of the Environmental Quality Board shall find that his or her private or personal interests are involved in any particular matter coming before the Board, they shall disqualify themselves from all participation in that case; or he or she may be disqualified by the votes of three (3) members of the Board, not including the members about whom the question of disqualification in the particular matter is raised.

5.11.02 Environmental Quality Board functions; powers and duties The functions, powers and duties of the Environmental Quality Board shall be, in general:

a) To serve in an advisory capacity to the Orange Park Town Council on all matters relating to the aesthetic and environmental considerations. In this capacity the Board shall study and make recommendations as to the following:

1) Proposed ordinances concerning landscaping;

2) Proposed ordinances concerning signs; and

3) Proposed ordinances concerning preservation of trees.

b) To serve as a decision-making body and an adjustment board on matters relating to the following items:

1) Hear and decide applications for landscaping and tree removal not associated with a site plan subject to Article IV.

2) Grant variances as provided in Section 5.07.00.

5.12.00 General applicability of Article [5.10.00 et seq.]Reserved The terms and provisions of this Article shall apply to all real property lying within the incorporated area of the town, except single-family dwellings not constructed for sale or property zoned agricultural.

5.13.00 Permit required to remove tree It shall be unlawful for any person, without first obtaining a permit from the Environmental Quality Board or its designeeTown Manager or the Manager’s designee to do so herein provided, to remove or effectively remove through damaging any tree with a trunk D.B.H of four (4) inches or more within twenty (20) feet of the property boundary, the zoning yard setback, or live oaks with a trunk D.B.H. of four (4) inches, or any trees with a DBH of twelve (12) inches or more wherever situated. The removal of more than four trees meeting the above criteria must be approved by the Environmental Quality Board. The Land Use Planning and Policy Committee may approve, when in conjunction with a site plan approval process, the removal of more than four (4) trees. The removal of any tree in a commercial district requires the property owner to replace the trees at a ratio of one (1) inch for each two (2) inches removed or pay tree mitigation fees as provided in this Article. The replacement trees shall be in addition to the trees required by other sections of this Article.

5.14.00 Plot plan A plot plan is required for the permit obtained under section 5.14.00, and it shall include the following:

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1) Location of all trees and general identification of type (pine, , etc.);

2) Location of proposed structures and other planned areas;

3) Indication of trees to be retained, trees to be removed, diseased trees, trees endangering motor vehicle ingress and egress to right-of-way, and also location of protective barriers;

4) Grade changes which might adversely affect or endanger the trees with specifications on how to maintain the trees.

The items above shall be field-checked by the Environmental Quality Board or its designee, and his their approval or disapproval, with suggestions, shall be expressed in writing on the permit application.

5.15.00 Replacing of trees or landscaping may be required Where construction of structures or improvements on any real property necessitates the removal of trees, the Environmental Quality Board or its designee, as a condition for the approval of the application for removal, may require that the owner replaces the tree with comparable substitutes at least twelve (12) feet in height or with suitable landscaping somewhere within the property lines of the property, as prescribed by the Environmental Quality Board or its designee. The Town shall replace any tree they remove consistent with this Section.

5.16.00 Placing material, machinery, temporary soil deposits within dripline of tree; erection of protective barriers; attachment of wires to trees It shall be unlawful for any person in the construction of any structures or other improvements to place material, machinery or temporary soil deposits within the dripline, or ten (10) per cent (10%) thereof, of any tree having a four (4) inch or greater trunk D.B.H., and during construction the builder shall be required to erect suitable protective barriers around all such trees to be preserved. Also, during construction, no attachments or wires other than protective guy wires shall be attached to any of such trees.

5.17.00 Trees exempt from ArticleExemptions from requirement for a permit Specifically exempt from the terms and provisions of this Article are any trees judged to be injurious or hazardous to life or health, and those tree species that are highly susceptible to weakening or killing as a result of construction disturbances. The following activities shall be exempt from the requirements to apply for and receive a tree removal permit and do not require any approval from the Environmental Quality Board or Land Use Planning and Policy Committee. All other development activity involving the removal of regulated trees shall require issuance of a tree removal permit.

The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The Economic and Community Development Department Director may require consultation with or documentation from a certified arborist or other qualified professional to verify certain conditions.

Page V-15 DRAFT REVISIONS 02-12-16 Land Development Regulations: Article V a) No development activity or minor development activity on previously developed sites. Minor development activity involves any new construction, exterior additions, renovations or upgrades that are valued at less than ten thousand dollars ($10,000.00.) For the purpose of determining whether this exemption does or does not apply, the Economic and Community Development Department Director shall consider the cumulative valuation of all permits issued two (2) years prior and two (2) years subsequent to the tree removal. If such permits collectively exceed the stated threshold, an after-the-fact permit and mitigation shall be required. b) Emergency situation. The removal of trees destroyed or severely damaged during or immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature) shall be granted an exemption when the Economic and Community Development Department Director determines that permitting requirements will hamper private or public work to restore order to the Town. c) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and general welfare shall be granted an exemption upon inspection and determination by the Economic and Community Development Department Director or the Director’s designee that immediate removal without delay is required. d) Diseased or pest-infested trees. The removal of diseased or pest-infested trees (as determined by a certified arborist) shall be granted an exemption upon inspection and determination by the Economic and Community Development Department Director or the Director’s designee that removal is needed for the purpose of preventing the spread of disease or pests. e) Noxious invasive trees. The removal of all species of pine trees along with invasive or nuisance trees, as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC), or some other recognized authority, shall be granted an exemption upon inspection and verification by the Economic and Community Development Department Director. f) Utility operations. The pruning and/or removal of trees or understory vegetation by duly authorized communication, water, sewer, electrical or other utility companies or federal, state, county or municipal departments, or engineers or surveyors working under a contract with such utility companies or departments, shall be exempt, provided the removal is limited to those areas necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utility service to its customers, and provided further that the activity is conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearances. Notwithstanding this exemption, any such entity shall provide notice to the Economic and Community Development Department at least seven (7) days before commencing such work. a)g) Surveyors/engineers. The pruning of trees and/or removal or understory vegetation by a Florida-licensed land surveyor or engineer in order to provide physical access or view necessary to conduct a survey or site examination for the performance of professional duties related to land surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a swath of ten (10) feet or less in width. However, land clearing for surveys shall not authorize the removal of regulated trees.

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5.18.00 Removal of trees from publicly owned lands In addition to the provisions of Section 5.13.00, no tree shall be removed from any publicly owned lands, including rights-of-way or easements, unless in strict compliance with the terms of this Article.

5.19.00 Authority to waive or vary regulations The Environmental Quality Board may, upon appropriate application, vary or waive the terms and provisions of this Article due to unreasonable hardships in specific cases.

5.20.00 Administration The Town Manager or his the Manager’s designee and the decisions of the Environmental Quality Board areis hereby appointed to administer and implement the provisions of this Article.

5.21.00 Tree Bank Fund A dedicated financial fund shall be created to receive payments whenever protected trees are not replaced after removal. The Tree Bank Fund shall be a separate line item set up and shown on town financial records in which all receipts are detailed. Expenditures of Tree Bank Fund occur after approval by the Town Council in advance of the expenditure for the following projects:

a) Town construction and capital improvement limited to cost of trees, landscaping equipment and associated installation and irrigation equipment incidental to the installed landscaping.

b) Beautification limited to the cost of trees, landscaping equipment and associated installation and irrigation equipment incidental to the beautification project. Where tree bank funds are used to plant trees in medians or shoulders, such funds may also be used to fund design by a registered landscape architect to assure the safety, viability and appropriateness of such plantings.

c) Conservation or natural preserve area protection and enhancement limited to cost of trees, landscaping equipment, access and trails, and associated installation and irrigation equipment incidental to the enhancement project.

a)d) To mitigate negative environmental effects of tree removal and the loss of treed acreage and to provide the ability to mitigate wildlife displacement as reasonably determined by the Town Manager using acceptable environmental evaluation practices and programs or preservation land assessment and acquisition.

The Tree Bank Fund may not be used to fund ongoing maintenance costs following the completion of a project.

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5.22.00 Preferred plant list The following trees and shrubs are suitable for the Town of Orange Park, Florida:

a) Trees

Scientific Name Common Name Scientific Name Common Name

Acer rubrum red maple Persea borbonia red bay

Aesculus pavia red buckeye Persea palustris swamp bay

Carpinus caroliniana musclewood, hornbeam, blue-beech Pinus clausa sand pine

Carya aquatica water hickory slash pine

Carya glabra pignut hickory Pinus palustris longleaf pine

Carya tomentosa mockernut hickory Pinus serotina pond pine

Castanea pumila Ashe's chinquapin, trailing chinquapin loblolly pine

Catalpa bignonioides catalpa Prunus caroliniana cherry-laurel, laurel cherry

Celtis laevigata hackberry, sugarberry Prunus serotina black cherry

Cercis canadensis eastern redbud Prunus umbellata hog plum, flatwoods plum

Chionanthus virginicus white fringe tree Ptelea trifoliata water-ash, wafer-ash, common hoptree

Cliftonia monophylla black titi, spring titi, buckwheat-tree Quercus chapmanii Chapman's oak

Cornus florida flowering dogwood Quercus geminata sand live oak

Cornus foemina stiff cornel, swamp dogwood Quercus hemispherica diamond oak, upland laurel oak

Crataegus crus-galli cockspur hawthorn Quercus laevis turkey oak

Crataegus michauxii Michaux's hawthorn Quercus laurifolia laurel oak

Diospyros virginiana persimmon Quercus michauxii basket oak, swamp chestnut oak, cow oak

Fraxinus caroliniana pop ash, water ash Quercus myrtifolia myrtle oak

Gordonia lasianthus loblolly-bay Quercus nigra water oak

Ilex ambigua Carolina , sand holly Quercus virginiana live oak

Ilex cassine dahoon holly Sabal palmetto cabbage palm

Ilex opaca American holly Salix caroliniana Carolina willow, coastalplain willow

Ilex opaca var. arenicola scrub holly Sassafras albidum sassafras

Liquidambar styraciflua sweetgum Sideroxylon tenax tough buckthorn, tough bully

Liriodendron tulipifera tulip-tree, yellow-poplar Styrax americanus American snowbell

Lyonia ferruginea rusty lyonia Taxodium ascendens pond cypress

Magnolia grandiflora southern magnolia Taxodium distichum bald cypress

Magnolia virginiana sweet-bay Tilia americana basswood, American linden, bee tree

Nyssa ogeche Ogeechee tupelo, Ogeechee-lime Ulmus americana American elm

Nyssa sylvatica black gum, tupelo Vaccinium arboreum sparkleberry, farkleberry

Nyssa sylvatica var. swamp black gum, swamp tupelo Zanthoxylum clava- Hercules-club biflora herculis

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b) Shrubs

Scientific Name Common Name Scientific Name Common Name

Agarista populifolia Florida hobblebush, pipewood, agarista Kosteletzkya virginica saltmarsh mallow

Alnus serrulata hazel alder, smooth alder Leucothoe axillaris coastal dog-hobble

Amorpha fruticosa false indigo-bush, bastard-indigo Licania michauxii gopher-apple

Amorpha herbacea cluster-spike indigo-bush Litsea aestivalis pondspice

Aralia spinosa devil's walkingstick Lyonia fruticosa staggerbush

Asimina incana polecat bush, flag pawpaw, woolly Lyonia lucida fetterbush, shiny lyonia pawpaw

Asimina obovata flag pawpaw, bigflower pawpaw, scrub Lyonia mariana piedmont staggerbush pawpaw

Asimina pygmea dwarf pawpaw Myrica cerifera wax myrtle

Asimina reticulata dog-banana, netted pawpaw Oenothera laciniata Cutleaf evening-primrose

Baccharis halimifolia groundsel tree, sea myrtle, salt bush Osmanthus americanus wild olive, American devilwood

Bejaria racemosa tarflower, flyweed Piloblephis rigida pennyroyal

Callicarpa americana beautyberry Rhapidophyllum hystrix needle palm

Cephalanthus occidentalis buttonbush Rhododendron canescens wild azalea, Piedmont azalea, pinxter azalea

Erythrina herbacea coralbean, Cherokee bean Rhododendron minus var. Chapman's rhododendron chapmanii

Euonymus americanus American strawberry-bush Rhododendron viscosum swamp azalea

Gaylussacia dumosa dwarf huckleberry Rhus copallinum winged sumac

Gaylussacia frondosa var. blue huckleberry Rosa carolina Carolina rose tomentosa

Hamamelis virginiana witch-hazel Sabal etonia scrub palmetto

Hypericum cistifolium roundpod St. John's-wort Sabal minor dwarf palmetto, blue-stem palmetto

Hypericum fasciculatum sandweed Serenoa repens saw palmetto

Hypericum hypericoides St. Andrew's-cross Vaccinium corymbosum highbush blueberry

Hypericum myrtifolium myrtle-leaf St. John's-wort Vaccinium myrsinites shiny blueberry

Hypericum tenuifolium Atlantic St. John's-wort Vaccinium stamineum deerberry

Hypericum tetrapetalum four-petal St. Peter's-wort Viburnum dentatum southern arrowwood

Ilex cassine var. myrtifolia myrtle-leaf holly Viburnum nudum possum haw

Ilex coriacea large gallberry Viburnum obovatum small viburnum, Walter's viburnum

Ilex glabra inkberry, gallberry Ximenia americana tallowwood, hog-plum

Itea virginica Virginia-willow, sweetspire Yucca filamentosa Adam's needle, beargrass

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