§ 3-9-100. Buffers, landscaping, and tree requirements.

(a)

Purpose.

(1)

Buffers. The purpose of the buffering provisions is to establish standards for transitional landscape buffers and screening. Certain uses of property when abutting each other may be incompatible and create conflicts that may be reduced or eliminated by transitional buffers. These standards are intended to provide a comprehensive and consistent, yet flexible framework for providing adequate transitional buffer areas and screening between abutting incompatible uses. These standards are intended to improve the appearance of the county by eliminating or minimizing potential nuisances such as noise, lighting, unsightly buildings and structures, the visibility of outdoor aspects of intensive land uses, and off-street parking and loading areas, as well as assist in soil conservation and the natural control of air and water pollution and ensure the compatibility of different land uses over time.

(2)

Landscaping. The purpose of the landscaping provisions is to establish standards for landscaping areas associated with parking, traffic circulation, and other vehicular use. These standards are intended to provide a comprehensive and consistent, yet flexible, framework for landscaping intended to improve the appearance of the county by creating green space where development occurs, enhance soil conservation and the natural control of air, thermal, and water pollution, and ensure the compatibility of different land uses over time.

(3)

Tree requirements. The purpose of the tree requirements provisions is to establish standards for the planting, preservation, and removal of trees. These standards are intended to provide a comprehensive and consistent, yet flexible framework for tree requirements intended to improve the appearance of the county by encouraging the proliferation of native trees and native vegetative cover, as well as relocation or replacement where necessary, and to control and eliminate invasive non-native species. Protection of trees and native vegetation is intended to promote carbon dioxide absorption, oxygen production, dust filtration; reduction of noise, wind, and glare; soil stabilization and enrichment; erosion prevention, surface drainage improvement and aquifer recharge; water pollution reduction, wildlife habitat, energy conservation, temperature moderation, the economic enhancement of improved and vacant lands; scenic beauty, quality of life, and the health, safety, welfare, and well-being of the county.

(b)

Definitions. Unless otherwise specifically stated in this section, or unless otherwise clearly indicated by the context, the following terms when used in this section shall have the meanings indicated as follows:

Abutting : see "Adjacent".

Access aisle : the principal means of vehicular ingress and egress to abutting property from a street, right-of-way, or easement.

Active use park : all recreational parks with the exception of those used primarily as nature trails, mitigation banks, or for environmental study and interpretation.

Adjacent : contiguous, next to. When determining whether one (1) land use or zoning district is adjacent to another, the existence of an intervening natural or manmade waterway (measured between mean high water lines or apparent high water lines), drainage facility, greenbelt, alley, or right-of-way which, alone or in combination are less than two hundred (200) feet in width, shall not be considered and the properties shall be treated as adjacent.

Alley : any public or private right-of-way intended to be used as a secondary means of access or service to abutting properties and not intended for general traffic circulation.

Barrier. a durable opaque structure or hedge at least three (3) feet high used within the parking lot screening or decorative perimeter landscaping.

Buffer : the area required to be constructed and maintained as provided in section 3-9-100.1.

Caliper : the diameter of a tree trunk, in inches, measured at twelve (12) inches above the existing grade.

Damaged tree : a tree that has been wounded (bark scraped or removed, canopy topped, limbs removed or shattered, roots cut or crushed) to an extent that survival is unlikely.

Decorative perimeter landscaping : the planted space between the right-of-way and that part of the perimeter of the property not used as parking area.

Department : the Charlotte County Community Development Department.

Development or development activity : any non-agricultural activity that may include the following:

a.

Clearing, scraping, mulching, grinding, or removing tree(s) or vegetation from a site.

b.

Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, grubbing, or otherwise significantly disturbing the soils of a site.

c.

The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; and mining, excavation, landfill, or land disturbance, and any use or extension of use of the land.

Development site : that portion of a lot or parcel upon which development occurs.

Diameter at breast height (DBH) : the diameter of the tree trunk measured at fifty-four (54) inches from the existing grade. Multi-trunk trees are also measured at fifty-four (54) inches and the diameters of each trunk are cumulative.

Drip line : the outermost perimeter of the crown of a tree as projected vertically to the ground.

Establishment period : the time between planting and new root growth. During the establishment period, regular supplemental watering to the root zone is required.

Florida-friendly landscaping : use of low-maintenance native plants and environmentally-sustainable landscaping practices that help to preserve Florida's natural resources and protect the environment.

Groundcover : low growing plants, other than turf grass, normally reaching an average maximum height of not more than twenty-four (24) inches at maturity, planted in such a manner as to form a continuous cover over the ground.

Hedge : a row of closely planted shrubs intended and designed to form an interlocking, continuous boundary or screen.

Heritage tree : a tree and its root system within the Cypress ( Taxodium spp. ), Oak ( Quesrcus spp. ), and Pine ( Pinus spp. ) species which has a minimum thirty-inch trunk diameter at DBH. In the case of multi-stemmed trees where there is a union of wood above grade, the DBH shall be measured at each stem and added together to reach a minimum of a forty-five-inch diameter.

Landscaping : grass, ground cover, mulch, shrubs, vines, hedges, trees, berms, and complementary structural landscape features such as rock, foundations, sculpture, decorative walls and tree wells.

Mulching : the cutting, grinding, bush-hogging, chipping and/or mowing of underbrush and understory vegetation, exotic vegetation, and any trees under four (4) inches DBH. Clearing, filling, soil excavation and/or removal of trees over four (4) inches DBH is not considered mulching.

Native tree : any individual tree listed as a native species listed in Exhibit 8: List of Approved Tree Species. Damaged trees do not qualify as native trees for the purposes of planting or preservation.

Native tree replacement fund : a fund established to provide money for the purpose of planting trees on government-owned properties.

Native vegetation : any plant species with a geographic distribution indigenous to the southwest region of Florida.

Natural ground level : the elevation and grade of the parcel that existed prior to development activity.

No tree affidavit : a signed, notarized statement by the landowner or their agent stating that no trees exist upon the site.

Outdoor storage yard : any use of property where items such as boats, vehicles, recreational vehicles, contractor supplies, construction materials and other similar items are stored in other than a completely enclosed building.

Parking area : the total area designated on the landscape plan for the off-street parking of vehicles, including vehicles held for sale, and includes driveways, ingress and egress lanes, specialized vehicular use areas, walkways, and aisles.

Parking lot screening : the planted space between the right-of-way and the parking area.

Perimeter landscape strip : the planted space between a right-of-way and subject property. The term includes parking lot screening and decorative perimeter landscaping.

Planted tree : a tree which has been nursery grown for resale or otherwise transplanted.

Preserved tree : a tree preserved on-site which has been barricaded or is located one hundred (100) feet or more from the farthest point of development and will count towards a development's minimum tree requirement.

Prohibited tree : a tree of undesirable or exotic species which disrupts natural habitats or are otherwise destructive. Trees listed as Category I Invasive Species on the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List shall be prohibited. Trees listed as Category II Invasive Species are highly discouraged and cannot be counted towards a development's minimum tree requirements. Trees listed as Category I Invasive Species shall be removed during site preparation.

Screening : fences, walls, berms, trees, shrubs, vegetation or a combination of any of these items used as visual buffering devices.

Shrub : a woody plant of relatively low height distinguished from a tree by having several stems rather than a single trunk; any self-supporting, woody, evergreen and flowering perennial plant (excluding prohibited plants) characterized by multiple stems growing continuously from the base.

Sight triangle : the triangular area at the intersection of two (2) vehicular travel ways where a driver's vision of oncoming traffic must remain unobstructed. Such sight triangles shall consist of two (2) thirty-foot segments running at the edge of the right-of-way which meet at the intersection, and the third side is the line connecting the ends of the thirty-foot segments farthest from the intersection. For driveways, sight triangles shall consist of two (2) twenty-foot segments running at the property line, and the third side is the line connecting the ends of the twenty-foot segments farthest from the intersection. There shall be a clear space with no obstruction to vision between a height of two (2) feet and six (6) feet above grade. The county engineer may approve alternative sight triangles under circumstances where the requirements of this section cannot be met.

Site improvement : the structure(s), infrastructure, and utilities located on a site.

Site plan review (SPR) : Staff review of development applications, formerly known as development review committee (DRC).

Specialized vehicular use areas : areas used for new or used motor vehicles, equipment, boats, local and inter-urban passenger bus terminals and service facilities, and motor freight terminals and loading docks. The term does not include areas set aside for access, employee parking, or areas open to public parking.

Spiking or spurring : the use of any metal gaff device to aid in tree climbing in order to remove branches, limbs, or leaves from a tree.

Topping : also known as "stubbing," "heading," "heading-back," "stubbing off," "tipping," "hatracking," "topping-off," "dehorning," "lopping," "roundover," "cut-over", "lollipopping;" trimming of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. This practice is strictly prohibited.

Tree : a self-supporting woody plant, or palm with six (6) feet of clear trunk, of a species normally growing to a mature height of at least fifteen (15) feet.

Tree, canopy: trees listed in Exhibit 8, which typically grow to a minimum of thirty (30) feet in height at maturity.

Tree, understory/accent: trees listed in Exhibit 8, which typically do not exceed twenty (20) to thirty (30) feet in height at maturity.

Tree points : a number calculated according to Exhibit 5: Tree Points, located in section 3-9-100.3, tree requirements.

Vegetation : the plant life in a particular area or region.

Vines : any of a group of woody or herbaceous plants which may climb by twining, by means of aerial rootlets, or by means of tendrils, or which may simply sprawl over the ground or other plants.

(c)

Applicability.

(1)

The provisions of this section shall apply only in the unincorporated areas of Charlotte County. For the purposes of buffering, landscaping, and tree requirements, all residential properties consisting of three (3) or more units shall be considered multi-family properties, regardless of ownership, and are subject to the provisions of this section.

(2)

The provisions of this section shall not be construed as prohibiting additional trees, plant material, screening, or buffering beyond that which is required by this section or to prohibit the improvement of landscape buffers existing on the effective date of this section.

(3)

Properties that require buffers and landscaping may not "buy out" the tree points.

(4)

Whenever both perimeter landscaping and a buffer are required on the same location on a parcel, the more intensive requirements apply.

(d)

Landscape plan.

(1)

Florida-friendly landscaping design principles shall be employed in all landscape plans.

(2)

All applicants subject to the provisions of this section shall submit a landscape plan as required by the department. The number of copies to be submitted shall be determined by the department.

(3)

The landscape plan must be approved prior to the issuance of the associated building permit.

(4)

For development requiring site plan approval, the landscape plan shall be submitted with or prior to the application for preliminary approval and must be approved prior to final site plan approval.

(5)

Landscape plans shall:

a.

Be signed and sealed by a registered landscape architect as defined by F.S. ch. 481.

b.

Be drawn to scale, including all dimensions, distances, and acreage;

c.

Show the square footage and location of the existing and proposed parking spaces, specialized vehicular use areas, access aisles, and driveways;

d.

Indicate all utility and drainage easements, existing and proposed underground and overhead utility lines, buildings, structures, stormwater retention and detention areas, and similar features;

e.

Indicate all abutting public rights-of-way;

f.

Identify the zoning of the subject property and all adjacent parcels;

g.

Indicate the type, location and features of the irrigation system for the required landscaping, including times, sensors, zones, and water source as applicable;

h.

Provide an irrigation narrative on the landscape plan stating the features used to provide for the efficient use of water including: sensors which prevent watering during rain or when the ground is saturated, timers to water during optimal watering hours, and placement of vegetation in zones based on watering needs as applicable;

i.

Identify and describe the location and characteristics of all landscape materials to be installed including the square footage and dimensions of all planters and landscape islands;

j.

Show all landscape features, including areas of vegetation required to be preserved, in context with the location of existing and proposed buildings and other improvements on the site;

k.

Indicate in table format the number, species, and caliper of trees to be planted, preserved, and/or removed, the gross acreage of the development site, and the square footage of paved areas;

l.

Show all measures taken to protect landscape elements from damage caused by vehicles, including curbing, edging, wheel stops, raised planting surfaces, and other protective measures;

m.

Indicate proposed grades if existing vegetation is to be retained within the buffer;

n.

Show all measures to be taken to alter any greenbelts, easements, native shoreline or riparian vegetation which is being used to satisfy the requirements of this section;

o.

Graphically show sight triangles, per section 3-9-89, visibility at road intersections.

(6)

Due to unique circumstances, the above requirements may be modified during a landscape plan review meeting with the zoning official or his/her designee.

(e)

Installation standards.

(1)

All landscaping shall be installed in conformance with the landscape plan approved by the department or site plan review final approval.

(2)

All landscaping required by this section (except sod) shall be installed by persons or entities properly licensed or qualified pursuant to article I, chapter 3-2, buildings and building regulations, of the County Code of Ordinances.

(3)

All landscaped areas and buffers shall be protected from vehicles by curbing or wheel stops (minimum five (5) inches in height) when adjacent to pavement. In addition, the department may approve the limited use of durable barriers, such as bollards and boulders.

(4)

Tree pruning shall be conducted according to the most recent edition of the National Arborist Association standards.

(5)

It is unlawful to top any tree regardless of development approval date.

(6)

Landscaping shall not interfere with or obstruct existing or proposed overhead or underground utilities.

(7)

The property owner may choose to postpone installation of the required landscaping and/or buffering to the rainy season (June through October). In order to request this one-time option, the owner may submit a notarized affidavit to the zoning official stating that they choose to postpone the installation and understand that the landscaping and/or buffering must be installed as specified in the approved landscape plan by a specific date approved by the zoning official. No extensions shall be granted. The owner shall be responsible to ensure stabilization of the site until such time as the landscaping is installed. Site stabilization may be accomplished by utilizing seed and mulch or other alternative methods, as may be approved by the zoning official.

(f)

Planting standards.

(1)

All plants, except transplanted plants, shall meet or exceed the quality standards for Florida No. 1, as provided by Grades and Standards for Nursery Plants, Parts I and II, most recent edition, State of Florida, Department of Agriculture, Tallahassee.

(2)

Trees used for points must have a minimum diameter (as measured by caliper or forestry diameter tape) of two (2) inches measured at twelve (12) inches above the existing grade, have a minimum height of eight (8) feet at installation, and be listed on Exhibit 8: List of Approved Tree Species. Trees not on the approved tree list may be counted for points at the discretion of the zoning official or his/her designee.

(3)

Palms used for points must have a minimum of six (6) feet of clear trunk and be listed on Exhibit 8: List of Approved Tree Species.

(4)

Required trees not needed for tree points must:

a.

Have a minimum diameter, measured by caliper or forestry diameter tape, of one (1) inch measured twelve (12) inches above the soil line;

b.

Have a minimum height of six (6) feet at installation; and

c.

Be listed on Exhibit 8: List of Approved Tree Species, or be approved by the zoning official or his/her designee.

(5)

When more than ten (10) trees are required, a mix of species shall be planted as provided in the table below. No individual species shall comprise more than sixty (60) percent of the tree species mix. This subsection does not apply to areas of vegetation which have been preserved in the natural state.

Exhibit 1: Tree Species Mix

Required Number of Trees	Minimum Number of Species
11—20	2
21—30	3
31—40	4
41+	5

 

(6)

Shrubs and hedges for decorative perimeter and interior landscaping must be a minimum twelve (12) inches in height upon planting, be spaced eighteen (18) to thirty-six (36) inches on center determined by the type of plant used, and be of the type that reach at least twenty-four (24) inches on maturity.

(7)

Hedges for parking lot screening and buffers must be a minimum eighteen (18) inches in height upon planting, be spaced and maintained in order to form a continuous, solid visual screen within one (1) year of planting, and be of the type that reach at least forty-eight (48) inches on maturity.

(8)

Hedges used to replace an existing buffer wall must be at least four (4) feet tall (ten-gallon plant) at installation.

(9)

Vines shall be a minimum of twenty-four (24) inches in height at time of planting.

(10)

Groundcover shall be planted in such a manner as to present a finished appearance, provide soil stabilization and shall be used with mulch if the ground is not completely covered by the groundcover at the time of planting. The height and size (gallon) of groundcover do not have to be designated on the landscape plan.

(11)

Grass.

a.

Areas to be planted with grass may be sodded, plugged, sprigged or seeded using strains that are drought-resistant or require minimal watering.

b.

Solid sod must be used in swales and other areas subject to erosion, including retention and detention ponds. Detention pond floors may be seeded.

c.

Seeded areas must be sufficiently seeded to produce a ground cover within thirty (30) days.

(12)

All clearing, grading, installation and site preparation shall be done in accordance with this Code.

(13)

Existing vegetation used to meet the requirements of this section shall be protected by the measures provided in section 3-9-100.3, tree requirements.

(14)

Where overhead power lines exist or are planned, the required canopy trees shall be replaced with trees approved for planting under power lines, as shown on Exhibit 7: Recommended Trees for Planting Under Power Lines.

(15)

Alterations to landscaping and buffers require the prior written permission of the department.

(16)

It is unlawful to plant any of the prohibited species identified as Category I in the most recent edition of the Florida Exotic Pest Plant Council's List of Invasive Plant Species. In addition, all prohibited species must be removed during site preparation.

(17)

For landscaping purposes, trees found in the most recent edition of the "Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design," produced by the University of Florida/IFAS but not listed in Exhibit 8: List of Approved Tree Species may be permitted at the discretion of the zoning official or his/her designee. The applicant must demonstrate that the trees are appropriate for the location. These trees may be considered for tree points.

(g)

Maintenance.

(1)

Plantings, fences, walls, berms and irrigation systems required by this section must be maintained in good repair. Landscaped and buffer areas must be kept free of weeds, litter and debris.

(2)

Damage to any of the landscaping or structures required by this section shall be replanted or replaced, as applicable, within ninety (90) days or one (1) growing season, whichever is sooner. Damage to a required fence or wall by a natural disaster shall be repaired within one hundred eighty (180) days.

(3)

It is unlawful to violate any of the provisions of this section.

(4)

The department may enforce compliance with this section as provided by law and may perform reasonable inspections to insure continued compliance.

(5)

All required landscaping and buffers may be served by an automatic irrigation system designed to eliminate the application of water to impervious areas and reduce impacts to existing native vegetation. All required landscaping and buffers shall be irrigated during the establishment period. The applicant may use a temporary irrigation system or hand watering if the applicant can demonstrate that such an approach will provide adequate water for plant survival. All alternative plans of irrigation must be approved by the zoning official or his/her designee.

(6)

Tree pruning shall be conducted according to the most recent edition of the National Arborist Association Standards.

(h)

Florida-friendly landscaping.

(1)

Florida-friendly landscaping is based on xeriscaping principles and has as its purpose reducing water consumption while enhancing both the beauty and hardiness of Florida landscaping. By proper design choices, a Florida-friendly landscape requires less irrigation and makes better use of the water it does receive. While there is no single fixed Florida-friendly landscape, all Florida-friendly landscapes share a set of design principles. Proposed landscape plans shall be considered based on the following "Florida-friendly" principles.

(2)

Design principles.

a.

Design with awareness of site conditions. Plants should be chosen that are suited to existing site conditions ("the right plant in the right place"). Soil amendments or terrain features can be added to create favorable conditions for plants that would not ordinarily thrive on the site. Native plants have a proven track record of thriving under native conditions with little or no supplemental water. The selection of drought tolerant plants will ensure a drought tolerant landscape even if severe water restrictions are imposed.

b.

Group plants according to their water requirements. Physically concentrating high water usage plants, medium water usage plants, and low water usage plants in separate areas will allow the design of high, medium, and low water usage zones that provide the plants with the necessary amount of water, while minimizing waste.

c.

Take steps to retain moisture in the soil. Use of organic mulches, such as pine straw, instead of inorganic materials, such as crushed rock, will promote the absorption of water by the soil as well as enhance water retention. Shade provided by established canopy trees reduces evaporation and allows a moist local environment. Avoid watering in the heat of the day to minimize evaporation. Amend fast draining sand soils with organics such as peat to enhance water retention. Careful application of irrigation with properly sized, adjusted, and timed irrigation heads will minimize water loss through evaporation, run-off, and excessive saturation.

d.

Minimize the high maintenance costs of the landscape. Devoting less area to turf grass, using it as an accent rather than the main emphasis of the landscape, will reduce water use, maintenance costs, pesticide costs and fertilizer costs. Low maintenance trees and shrubs cost less in long term maintenance and resources as well as offering possibilities of more attractive designs.

e.

Florida-friendly design principles shall be employed in all landscape plans.

(i)

Completion bond.

(1)

A certificate of occupancy (C.O.), or release from the completion of the fulfillment of the requirements of this section, may be obtained prior to the completion of the required perimeter landscaping or landscape buffer upon the posting of a cash bond in favor of the county.

(2)

The bond shall be equal to one hundred ten (110) percent of the value of the required landscaping and buffer which remains to be completed.

(3)

The bond will be forfeited to the county if the remaining required landscaping is not completed within ninety (90) days of the issuance of the C.O. or release.

(4)

The department director may, upon consideration of site-specific or other extraordinary circumstances, extend the period of time for completion of the landscaping for not more than an additional one hundred eighty (180) days.

(5)

Those property owners who have chosen to postpone the installation of their required landscaping and/or buffering to the rainy season in accordance with section 3-9-100(e)(7) shall be exempt from this section of the Code.

(Ord. No. 2015-018, § 1(Exh. A), 4-28-15; Ord. No. 2015-055, § 1(Exh. A), 12-8-15)