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83-O-14ORDINANCE NO. 83-0-14 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA TO PROTECT AND PRESERVE THE APPEARANCE, CHARACTER AND VALUE OF THE SURROUNDING NEIGHBORHOODS AND THEREBY PROMOTING THE GENERAL WELFARE BY PROVIDING FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING OF SCREENING AND AESTHETIC QUALITIES, SINCE THE CITY COUNCIL FINDS THAT THE PECULIAR CHARACTERIS- TICS AND QUALITIES OF THE CITY JUSTIFY REGULATIONS TO PERPETUATE ITS AESTHETIC APPEAL; CONTA2NING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater recognizes the many advantages to man that landscaping provides, including aesthetic, environmental and economic amenities; and WHEREAS, the City Council of the City of Edgewater wishes to improve and protect the appearance, environmental and ecological condition, character, design and value of the total land area;. and WHEREAS, the City Council of the City of Edgewater considers it in the best interest of the citizens of the City of Edgewater to pro- mote public health, safety and welfare, shall require a landscape plan on all site plans of developments which require site plan approval by the Planning Commission. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: Section 1. This ordinance shall be known and may be cited as the "Landscape Ordinance" of the City of Edgewater, Florida. Section 2. The intent of this ordinance is to encourage reduced energy consumption, conserve water, improve the value and appearance of the community. Section 3. That a landscape plan be required on all site plans of developments which require site plan approval by the Planning Commission. Section 4. That applicants shall submit a landscape plan with the site plan indicating the type, size and location of plant materials. Section 5. That landscape plans shall be made a part of each site plan. Section 6. That a landscape plan shall be approved by the Planning Commission prior to the issuance of a building permit. Section 7. That prior to the issuance of a building permit, the developer or his designee shall flag all existing trees and vegetation to remain on the property and shall be verified by the Building Official of the City of Edgewater. Section 8. That prior to the issuance of a certificate of occupancy, all landscaping improvements shall be in accordance with the landscape plan approved by the Planning Commission. Section 9. Definitions (a) Plant Materials Plant materials used in conformance with provisions of this section shall equal the standards for Florida No. 1 as given in "Grades and Standards for Nursery Plants", Part i, 1963, and Part II, State of Florida, Department of Agriculture, Tallahassee, and any amendments thereto, or the highest quality available, except where in the discretion of the Planning Commission the natural vegetation is adequate to provide the necessary visual screening. Grass sod shall be clean and reasonably free of weeds and noxious pests of diseases. (b) Trees Trees shall be defined as self-supporting woody plants of species which normally grow to an overall height of a minimum of twenty (20) feet and a spread of fifteen (15) feet and shall be a minimum of six (6) feet in height immediately after planting. Palms shall be considered trees. (c) Shrubs and Hedges Shrubs and hedges shall be self- supporting woody evergreen species and shall be a minimum of one (1) foot in height, immediately after planting. Plants shall be spaced no more than three (3) feet apart measured from center to center. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting. (d) Ground Cover Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within three (3) months after planting, and may include any plant materials that reach an average height of not more than twelve (12) inches. Wherever rock or pebbles are used as ground cover, the installation shall be in such a manner as to prevent vegetation growth through such ground cover. (a) Lawn Grass Grass areas shall be planted in species normally grown as permanent lawns common to central Florida. They may be sodded, plugged, sprigged, or seeded, except that sod is required in swales or other areas subject to soil erosion. Unless sod or grass seed is used, nursegrass seed shall be sown for immediate effect and Ord. 83-0-14 - 2 - protection until coverage is otherwise achieved. All grass areas and required swales that are sodded shall be sodded with clean sod reasonably free of weeds, noxious pests and diseases. When grass areas are to be seeded, sprigged or plugged, specifications must be submitted. One hundred percent coverage must be achieved within ninety (90) days. (f) Other Materials Other materials such as stone, gravel, mulch or a material approved by the Commission may be used in combina- tion with other plant materials. Section 10. Landscaped buffer area. Where a landscaped buffer area shall be established along the entire length of, and contiguous to, any property line, it shall not be less than five (5) feet in width measured at right angles to the property line and landscaped with any combination of materials as described herein. When a landscaped buffer area abuts a single family or two-family zoning classification, it shall include a visual screen constructed of materials as described herein or a decorative screening wall or fence. If plant materials are used for screening, they shall be selected and located to provide a visual barrier that is three (3) feet to six (6) feet above the average ground level of the buffer area. If a decorative wall is used, the top two (2) feet shall be fifty (50%) percent solid. Section 11. Maintenance The owner of a property shall be responsible for the maintenance of all landscaping in good condition so as to present a neat, healthy and orderly appearance free of refuse and debris. All landscaped areas shall be provided with an irrigation system or a readily available water supply with at least one outlet located within one hundred (100) feet of the plant material. Section 12. Amortization Within thirty-six (36) months of the effective date of this Ordinance, all commercial buildings and multi- family dwellings shall comply with the minimum standards for landscaping which are defined herein. Section 13. Enforcement Anyone who does not conform to any of the preceding regulations shall be subject to penalty by the Code Enforcement Board. Section 14. The provisions of this ordinance shall be liberally construed in order to effectively carry out the purposes of this ordinance in the interest of the public health, welfare and safety of the citizens and residents of the City of Edgewater, and the State of Florida. Ord. 83-0-14 - 3 - Section 15. Should any other national, state or city adopted code or ordinance be in conflict with this ordinance, the most restrictive requirements shall apply. Section 16. All ordinances, or parts of ordinances and all resolutions, or parts of resolutions, insofar as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed. Section 17. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 18. That this ordinance shall take effect immediately upon its adoption by the City Council and approval as provided by law. This ordinance was introduced by w)A-i The first reading of the above ordinance was read, in full, and passed by vote of the City Council of the City of Edgewater, Florida, at the meeting of said Council, held on the day of 1983, and approved as provided by law. r ON 9 The cond ading of the or dinance to be at a 'en - meeting of the City Council of the City of Edgewater, Florida, to be held on the I541�- day of f�„s�,a , 1983. ROLL CALL VOTE ON ORDINANCE 83-0-1-0-14 AS FOLLOWS: FIRST READING MAYOR COUNCILMAN - ZONE CO LWOMAN - ZON 2 /4e " — COUNCIL ZONE COUNCILMAN - ZONE 4 Ord. 83-0-14 - 4 - • r� SECOND READING YOR ATTEST: �iy ,roved this jSFZZday of -y 1983. MAYOR COUNCILMAN - ZONE 3 �S C&NCILMAN I ZONE 9 Approv 1 't li form: i \C RNEY Ord. 83-0-14 - 5 -