HomeMy WebLinkAboutOrdinance 90-11
ORDINANCE NO. 90-11
.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO
TREES AND LANDSCAPING; REPEALING EXISTING CHAPTER 12.5
OF THE CODE OF ORDINANCES; ADOPTING A NEW CHAPTER 12.5
OF THE CODE OF ORDINANCES; PROVIDING A PURPOSE; PROVIDING
DEFINITIONS; PROVIDING FOR THE OFFICIAL DESIGNATION OF
PROTECTED TREES BY A STAFF FORESTER TO BE APPOINTED BY
THE DIRECTOR OF PLANNING; PROVIDING CONDITIONS FOR
REMOVAL OF PROTECTED TREES; PROVIDING FOR REPLACEMENT OF
REMOVED TREES; PROVIDING FOR PUBLIC HEARINGS TO DESIGNATE
TREES AS HISTORIC OR SPECIMEN; PROVIDING PROTECTION
MEASURES FOR TREES DURING ALL DEVELOPMENT ACTIVITIES;
PROVIDING FOR LANDSCAPING IN VEHICLE USE AREAS; PROVIDING
FOR THE PLACEMENT OF STREET TREES; PROVIDING DESIGN
PRINCIPLES FOR LANDSCAPED AREAS; PROVIDING FOR THE
INSTALLATION OF PLANTS; PROVIDING FOR THE USE OF NATIVE
PLANT SPECIES; PROVIDING A LIST OF APPROVED FLORA;
PROVIDING A LIST OF PROHIBITED PLANTS; PROVIDING FOR
IRRIGATION; PROVIDING FOR MAINTENANCE AND REPLACEMENT OF
PLANTS; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee
development pressures which could
valuable natural vegetation; and
is experiencing tremendous
lead to the destruction of
WHEREAS, the City finds that trees are producers of oxygen,
a necessary element for the survival of mankind; reduce the levels
of carbon monoxide in the air, dilute air pollutants and reduce
noise pollution; and
WHEREAS, the City finds that trees play a pronounced and
important role in City-wide soil conservation, soil enrichment, and
erosion control; and
WHEREAS, trees enhance the value of property by providing a
valuable psychological and visual counter-point to man-made changes
during land development and urbanization; and
WHEREAS, trees provide wildlife habitat and play other
important ecological roles; and
WHEREAS, the City Commission of the City of Ocoee has
determined that strict, comprehensive regulations, beyond those
outlined in Chapter 12.5 of the existing code, should be initiated
providing for tree protection, removal and replacement, and
landscaping.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
. SECTION 1.
The Code of Ordinances of the City of Ocoee is hereby amended by
the addition of the following:
Section 1.
Short Title and Authority
(a) This Ordinance shall be known and may be cited as the "Arbor
and Landscaping Ordinance."
(b) The City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the
1
Constitution of the state of Florida and Chapter 166 Florida
statutes.
section 2.
The present Chapter 12.5 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby repealed
in its entirety.
section 3.
A new Chapter 12.5 of the Code of Ordinances of the
City of Ocoee, Florida is hereby adopted as follows:
ARTICLE I.
TREES
section 12.5-1 Definitions
.
1.
Crown
The main mass of branching of a plant above the ground.
2 . DBH
Diameter at breast height. "Breast height" is defined to be
fifty-four (54) inches above the surface of the ground at the
base of plant or tree.
3. Drip Line
The outermost perimeter of the crown of a plant as projected
vertically to the ground.
4. Grubbing
To clear the ground of roots and stumps.
5. Protected Tree
Any tree that has a DBH of more than eight (8) inches, and
which is not otherwise exempted from this code. In addition,
all palms with at least four and one-half (4 1/2) feet of
clear trunk between the ground level and the lowest branch are
declared to be protected trees. In addition, all specimen
and Historic Trees are Protected Trees.
6 . Remove
To relocate, cut down, damage, poison, or in any other manner
destroy or cause to be destroyed, a tree.
7. Specimen Trees
All native trees with a DBH of twenty-four (24) inches or
greater.
8.
Staff Forester
.
The staff person assigned to administer this Code under the
Director of Planning. The staff forester shall work directly
with the u.S. Department of Agriculture's urban forester.
9.
Tree Protection Zone
A circular zone around each protected tree defined as that
area within a radius of the full drip line around the tree.
section 12.5-2 Permits Required
(a) No person shall undertake land clearing or the removal of any
protected tree without first obtaining a permit from the
building department. In addition to approval by the Building
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Official, the permit must also be approved by the Staff
Forester.
(b) An application for land clearing or tree removal shall be made
on forms provided by the building department and shall
contain, at a minimum, the following information:
(1)
A tree survey consisting of scaled aerial photography or
drawing (one inch equals 100 feet or greater) indicating:
Property boundaries with dimensions and bearings,
surrounding streets, north arrow, scale, and
existing/proposed development improvements.
a.
.
b.
Stands of trees, including:
1. Location indicating extent of drip line.
2. Common names of major trees classes.
3. Estimated average height.
c. All protected trees, as identified by the staff forester,
including:
1. Location.
2 . DBH.
3. Common name.
4. Estimated height.
(2) An indication of the trees proposed for removal.
(3) The reason for removal.
(4) Plans showing typical protective barriers to be used.
Section 12.5-3 Removal of Trees
(a) Conditions for Authorization to Remove Protected Trees
(1) Before any clearing or grubbing permits are issued by the
Building Department, the developer must schedule a walk
through with the staff forester or his designee, to
identify trees to be protected. The developer must give
at least 24 hours notice to the staff forester for the
walk through.
(2) The removal of protected trees shall be minimized to the
maximum extent possible and no authorization shall be
granted to remove a tree if the developer has failed to
take reasonable measures to design and locate the
proposed improvements so that the number of protected
trees to be removed is minimized. In particular, the
design must attempt to preserve specimen and historic
trees.
(3)
No authorization for the removal of a protected tree
shall be granted unless the developer demonstrates one
or more of the following conditions:
.
a.
A permissible use
undertaken unless
relocated.
of the site cannot reasonably be
specific trees are removed or
b.
The tree is located in such proximity to
proposed structure that the safety,
structural integri ty of the structure
impaired.
an existing or
utility, or
is materially
c. The tree creates a substantial hazard to motor, bicycle,
or pedestrian traffic by virtue of physical proximity to
traffic or impairment of vision.
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d. The tree is diseased or weakened by age, abuse, storm,
or fire and is likely to cause injury or damage to
people, buildings or other improvements.
e. Any law or regulation that requires the removal.
(b) Replacement of Removed Trees
(1) All protected trees, identified by the staff forester,
shall be replaced at a four to one ratio at the expense
of the developer.
(2) All replacement trees shall be greater than or equal to
one and one-half (1 1/2) inches in diameter at breast
height.
.
(3) A replacement tree may be a tree removed from one
location to another on the site, or moved off the site
pursuant to paragraph 4 below. The staff forester shall
prescribe measures to ensure the survival of the tree.
(4) Replacement trees shall, if practicable, be planted on
the development site. If not practicable, replacement
trees may be donated, or a fee in lieu may be paid, to
the City for the purposes of planting trees on public
property. The fee in lieu shall be based on the cost of
purchasing the requisite size and number of replacement
trees.
(c) Historic and Specimen Trees
(1) A historic tree is one that has been designated by the
city Commission as one of notable historical interest and
value to the city because of its location or historical
association with the community. A public hearing shall
be held by the City commission on the designation with
due notice to the owner of the tree.
(2) A specimen tree is one that has been officially
designated by the City Commission, upon the advise of the
staff forester, to be of high value because of its type,
size, age, or other relevant criteria. A public hearing
on the designation shall be held by the City Commission
with due notice to the owner of the tree.
.
(3) No historic or specimen trees shall be removed without
a finding by the Development Review Committee that the
tree is a hazard or that it is not economically or
practically feasible to develop the parcel without
removing the tree. The developer shall explain, in
detail, why the tree is a hazard or why it is not
economically or practically feasible to develop the
parcel without removing the historic or specimen tree.
The Director of Planning shall make a presentation to the
Development Review Committee on the application and make
a recommendation as to whether it should be approved or
denied. The decision by the Committee on the application
shall be made within 10 days of the date the application
was filed. The removal fee for specimen trees shall be
one hundred (100) dollars for every inch in DBH. In
addition, each tree must be replaced at a four to one
ratio.
Section 12.5-4 Protection of Trees During Development Activities
(a) Generally
(1) To ensure the health and survival of protected trees that
are not to be removed, the developer shall avoid the
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following kinds of tree injuries during all development
activities:
.
a. Mechanical injuries to roots, trunk, and branches:
b. Injuries by chemical poisoning;
c. Injuries by grade changes;
d. Injuries by excavations; and
e. Injuries by paving.
(2) At a minimum, the protective measures described below
shall be taken where appropriate to the development
activity. The measures shall be planned and undertaken
in consultation with the staff forester and shall not be
construed as limiting the authority of the Development
Review Committee, upon the advise of the staff forester,
to impose additional reasonable requirements as may be
necessary to preserve the health of protected trees in
particular circumstances.
(b) Avoiding Mechanical Injuries
(1) Prior to any land preparation or other development
activities a protective barrier easily visible to
equipment operators shall be placed around all protected
trees so as to encompass the entire tree protection zone.
See Figure A.
(2) No attachment, wires (other than supportive wires), signs
or permits shall be fastened to any protected tree.
(3) No equipment, construction materials, or debris of any
kind shall be placed within the protective barrier.
(4) Landscaping activities within the bounds of the
protective barrier (before and after it is removed) shall
be accomplished with light machinery or manual labor.
Grubbing and similar activities are prohibited.
(5) In lieu of constructing barriers required above, the
developer may physically designate large areas containing
protected trees where no land preparation or other
development activities of any kind will occur. The area
shall be designated by placing stakes a maximum of twenty
five (25) feet apart and tying ribbon, plastic tape,
rope, etc. from stake to stake along the outside
perimeter of the area. This perimeter line shall be
beyond the tree protection zone of any protected trees
growing within the area.
(6) Required protective barriers and perimeter lines shall
remain in place until all construction activity, except
landscaping, within the protected area, is terminated.
(c) Avoiding Injuries Due to Chemical Poisoning
.
(1) No fuel, paint, solvent, oil, thinner, asphalt, cement,
grout or any other construction chemical or other
material or tools of any kind shall be stored, or allowed
in any manner to enter, within a required protective
barrier or perimeter line.
(2) No equipment shall be cleaned within a required
protective barrier or perimeter line.
(d) Avoiding Injuries Due to Grade Changes
Grade changes shall not be made within the tree prtection zone
unless the following protective measures are taken:
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(1) When raising the grade, the following measures shall be
taken:
a. Within the tree protection zone, existing sod, vegetation
and leaf litter shall be removed and the soil loosened
without injuring the roots.
b. The area within the tree protection zone shall be
properly fertilized to improve the vigor and growth of
the roots.
c.
Porous, four-inch agriculture drain tiles shall be laid
over the soil to drain liquids away from the trunk. A
drop of at least one eighth (1/8) inch per foot shall be
provided. The drain field shall be designed to provide
adequate drainage of the existing configuration of the
trees.
.
d. The number of drains shall depend upon soil material;
lighter sandy soils and porous gravelly material require
fewer drains than heavy non-porous soils.
e. Aeration shall be provided by installing vertical tiles
along the system. The vertical tiles shall be filled
with gravel and capped with a heavy-duty mesh to keep out
trash and debris.
f. Dry wells shall be large enough to allow for maximum
growth of the tree trunk. Most large shade trees require
at least a sixty (60) -inch diameter well. For slow
growing mature trees, a space of twelve to eighteen (12-
18) inches shall be provided between the trunk and the
side of the well at every point.
g. To prevent washing of material into the well, the dry
well casing walls shall be high enough to bring the
coping just above the level of the proposed fill.
h. Dry well walls shall be constructed of materials that
permit passage of air and water. Concrete blocks backed
with galvanized screening may be used for the sides of
the well.
i. Grating or barriers shall be used around openings that
are large enough to present a hazard to pedestrians.
j. Open wells shall be cleaned regularly to remove sediment,
leaves, and debris that might interfere with the free
passage of air.
k. Large stones shall be placed over the drainage tiles and
a layer of smaller stones shall be placed over the
remainder of the ground within the drip line.
.
l. A layer of gravel shall be placed over the stones.
m. The fill shall be completed with a layer of porous soil.
See Figures B, C, and D.
(2) When lowering the grade, the following measures shall be
taken:
a. Roots shall be cut cleanly and re-trimmed after
excavation.
b. The canopy shall be pruned to aid in maintaining tree
vigor.
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c. When lowering the grade of the soil surrounding a
protected tree, the maximum number of tree roots within
the tree protection zone shall be preserved by using any
of the following methods:
1 Terracing. The area wi thin the tree protection
zone is left at the original grade by terracing.
2 Retaining wall. The area within the tree protection
zone is left at the original grade by constructing
a dry retaining wall. The retaining wall shall be
porous to allow for aeration.
3
Terracing and retaining wall. The area within the
tree protection zone is left at the original grade
by the combined use of terracing and dry retaining
wall. See Figure E.
.
(3) Minor Changes in Grade
When the change in the grade in minor, as determined by
the staff forester, lesser protective measures than those
described above may be taken. The staff forester shall
approve the use of these methods where their use will not
endanger the health of the protected tree.
(e) Avoiding Injuries Due to Excavations
(1) Water, sewer, and other utility lines should be routed
around the tree protection zones of protected trees.
(2) If a line cannot reasonably be routed around the tree
protection zone, the line shall be tunnelled beneath the
area within the zone. The tunnel shall be offset to one
side of the trunk to prevent damage to the main tap
roots.
(f) Avoiding Injury By Paving within the Drip Line
Porous paving may be placed within the tree protection zone
of a protected tree, so long as no damage is inflicted to the
tree by grade change, compaction of the soil, or any other
cause.
section 12.5-5 Penalties
(a) violations of this Ordinance shall constitute a misdemeanior
enforceable in accordance with Chapter 7.5 and section 1.8 of
the City Code or by an injunction or other legal or equitable
relief in the circuit court against any person violating this
Ordinance, or by both civil injunctive and criminal relief.
(b) In addition, for any protective tree removed without a permit,
a fine shall be assessed in an amount equal to one hundred
dollars times the diameter at breast height of the removed
specimen.
.
(c) Where trees have been removed or damaged in violation of this
ordinance or permit requirements remedial actions shall be
required to restore the property. A restoration plan shall
be submitted to the Building Department and the Staff Forester
for approval and may require tree replacement at a ratio not
to exceed four (4) to one (1).
(d)
No certificate of occupancy shall be
development until all applicable permit
conditions have been met.
issued for any
and restoration
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ARTICLE II.
LANDSCAPING
section 12.5-6 Permit Requirements
(a)
No building, grading, or tree removal permit shall be issued
until approval of a required landscape plan for vehicular use
areas. Prior to submission of the building plans, the
requirements of this section must be met. In cases where a
vehicular use area is located on a lot other than that of the
principal building, building plans may be submitted for
review.
.
(b) The applicant or his authorized agent shall submit to the
building department three (3) copies of each survey and
landscape plan at a scale no greater than one inch equals
fifty (50) feet (one of the three copies must be given to the
Staff Forester). The proposed landscaping may be superimposed
on a proposed site plan or on a separate sheet, provided all
drawings are the same scale. Each survey and landscape plan
shall include the following:
(1) Name, signature, address and telephone number of property
owner, surveyor, and/or designer.
(2) North arrow and scale.
(3) All dimensions.
(4) All required information and data listed below for each
drawing:
(c) The required survey shall include the following information:
(1) Legal description of the property.
(2) All trees and survey data as required by Article I of this
Chapter.
(3) Existing structures, buildings, parking spaces, accessways,
and public streets.
(4) Aboveground and belowground utility lines and easements.
(5) Existing natural features and topography at one-foot contour
intervals. In areas where slopes are twenty (20) percent or
greater, a five-foot contour interval may be substituted.
(d) The proposed landscape plan shall include the following:
(1) All trees, natural features, man-made appurtenances, and
structures to be retained upon the site and all topographic
changes.
.
(2) All proposed landscaping improvements and plantings or
landscaping areas identified. The grade, spacing, S1ze, and
name of proposed landscape materials shall be listed on the
plan.
(3) Comments regarding site preparation, tree preservation,
methods of installation, and methods of maintenances shall be
listed on the plan.
Section 12.5-7 Required Landscaping
(a) Vehicle Use Areas
(1) A vehicle use area is any portion of a development site
used for circulation, parking, and/or display of
motorized vehicles, except junk or automobile salvage
yards.
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(3)
All vehicle use areas containing more than one thousand
five hundred (1,500) square feet shall be landscaped in
accordance with Figures F and G. Figure H identifies the
areas of landscaping that may be counted towards
fulfilling the vehicle use area landscaping requirement.
Vehicle use areas designed to accommodate vehicles that
are larger or smaller than automobiles, or that do not
have designated parking areas, shall meet the
requirements of the above figures except that in place
of twenty-four parking spaces, the square footage of four
thousand eight hundred (4,800) may be used.
(2)
.
(b) street Trees
(1) The developer shall plant, within five (5) feet of the
right-of-way of each street within a residential
development, one shade tree for every fifty (50) linear
feet of right-of-way. Except where property on one side
of the right-of-way is not owned by the developer, the
trees shall be planted alternately on either side of the
street. Existing trees and native tree species that need
less water and maintenance are preferred.
(2) Trees planted pursuant to this section shall be selected
from the approved list of trees and shall have a minimum
overall height of 10 to 15 feet at the time of planting.
The staff forester should be consulted in selecting
appropriate tree species and planting procedures.
Existing trees and native tree species that need less
water and maintenance are preferred.
(c) Landscaping Adjacent to Public Rights-of-Way
Where paved ground surface areas are located adj acent to
sidewalks, streets and other public rights-of-way, landscaping
shall be provided between the public rights-of-way and the
paved ground surface area. Said landscaping shall include a
landscaped yard at least ten (10) feet in width containing an
opaque screen of landscaping at least three (3) feet in
height. Said screen may be composed of a berm at least two
(2) feet in height or maintenance brick wall at least three
(3) feet in height, or a screen of landscaping at least two
and one-half (2 1/2) feet in height at time of planting. If
a berm is utilized, additional landscaping at least two and
one-half feet in height shall be planted. If a screen of
living landscaped material is utilized, it shall attain
opacity and height of three (3) feet within twelve (12) months
of planting under normal growing conditions.
(d)
Landscaping Adjacent to Other Properties (Buffering)
.
Where paved ground surface areas are adjacent to surrounding
properties, landscaping shall be installed to screen paved
ground surface areas from adj acent properties as provided
below.
(1) Where paved ground surface areas are adjacent to
properties zoned exclusively for residential,
conservation, or recreational land uses, all land between
the paved ground surface area and the property line shall
be landscaped. Said landscaping shall include a buffer
yard at least ten (10) feet in width, containing either
a berm at least two (2) feet in height, or a hedge or
other durable screen of landscaping at least six (6) feet
in height. If a berm is utilized, additional landscaping
at least three (3) feet in height at time of planting
shall be installed. Where said screen of landscaping is
composed of living plant material, it shall be thirty-
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six (36) inches in height at time of planting and shall
attain opacity within twelve (12) months under normal
growing conditions. A minimum of one tree (at least one
and one-half (1 1/2) in DBH and at least ten (10) feet
in height) shall be planted for each fifty (50) linear
feet of common lot line or fraction thereof.
(e) Residential Building Lots
All residential building lots shall have, at a minimum, three
(3) trees per lot. Said trees shall be at least one and one-
half (1 1/2) inches in DBH and at least ten (10) feet in
height.
.
(f) Use of Required Areas
No accessory structures, garbage or trash collection points
or receptacles, parking, or any other functional use contrary
to the intent and purpose of this Code shall be permitted in
a required landscape area. This does not prohibit the
combining of compatible functions such as landscaping and
drainage facilities.
section 12.5-8 Landscape Design and Material Requirements
(a) Design Principles
All landscaped areas required by this Code shall conform to
the following general design principles:
(1) All landscaping shall be installed according to accepted
commercial planting procedures. Soil, free of limerock,
pebbles, or other construction debris shall be provided.
All landscaped areas shall be protected from vehicle
encroachment by wheel stops or curbing. If curbing is
used abutting landscaped areas, it shall be perforated
to permit drainage from the paved ground surface area
onto the landscaped areas.
(2) Landscaping should integrate the proposed development
into existing site features through consideration of
existing topography, hydrology, soils and vegetation.
(3) The functional elements of the development plan,
particularly the drainage systems and internal
circulation systems for vehicles and pedestrians, should
be integrated into the landscaping plan.
(4) Landscaping should be used to minimize potential erosion
through the use of ground covers or any other type of
landscape material that aids in soil stabilization.
(5) Existing native vegetation should be preserved and used
to meet landscaping requirements.
.
(6) Landscaping should enhance the visual environment through
the use of materials that achieve variety with respect
to seasonal changes, species of living material selected,
textures, colors, and size at maturity.
(7) Landscaping design should consider the aesthetic and
functional aspects of vegetation, both when initially
installed and when the vegetation has reached maturity.
Newly installed plants should be placed at intervals
appropriate to the size of the plant at maturity, and the
design should use short- and long-term elements to
satisfy the general design principles of this section
over time.
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(8) Landscaping should enhance public safety and minimize
nuisances.
(9) Landscaping should maximize the shading of streets and
vehicle use areas.
(10) The selection and placement of landscaping materials
should consider the effect on existing or future solar
access, of enhancing the use of solar radiation, and of
conserving the maximum amount of energy.
(b) Installation of Plants
(1) All plants shall be heal thy and free of disease and
pests, and shall be selected from the list of approved'
species below. The staff forester may authorize the use
of an appropriate species not shown on the lists. The
staff forester should take steps to have the substituted
species added to the list.
(2) Plants shall be installed during the period of the year
most appropriate for planting the particular species.
If compliance with this requires that some or all of the
landscaping be planted at a time after the issuance of
a certificate of occupancy, the developer shall post a
performance bond sufficient to pay the costs of the
required, but not yet installed, landscaping before the
certificate is issued.
.
(3) Landscaping shall be protected from vehicular and
pedestrian encroachment by means of raised planting
surfaces, depressed walks, curbs, edges, and the like.
(4) The landscaping shall not interfere, at or before
maturity, with power, cable television, or telephone
lines, sewer or water pipes, or any other existing or
proposed overhead or undergroung utility service.
(5) All plants shall be installed according to standards
adopted by the staff forester.
(6) The developer shall provide sufficient soil and water to
sustain healthy growth of all plants.
(c) Use of Native Plants
Forty (40) percent of the total number of individual plants
selected from each of the categories of the list of approved
species below (trees; shrubs; vines; flowers, herbs, and
groundcover; and shore line and water plants) and used to
satisfy the requirements of this Code shall be selected from
the list of native species in the category.
(d) Approved Plants
(1) The following are designated as trees:
.
Acer rub rum
Aesculus paula
Agarista populifoia
carpinus caroliniana
Carya floridana
Celtis laevigata
cercis canadensis
Chionanthus virginicus
Cornus Florida
Cornus foemina
Crataegus spp.
Gordonia lasianthus
Ilex cassine
Red maple
Red buckeye
Fl Leucothoe
Ironwood
Scrub hickory
Hackberry
Redbug
Fringe tree
Flowering dogwood
swamp dogwood
Hawthorn
Loblolly bay
Dahoon
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.
Ilex opaca
Ilex vomitoria
Juniperus silicicola
Liquidambar styracifua
Liriodendron tulipfera
Lyonia ferruginea
Magnolia grandiflora
Magnolia virginiana
Morus rubra
Myrica cerifera
Osmanthus americanus
Persea humilus
persea borbonia
pinus clausa
pinus elliottii
pinus palustris
Plantanus occidental is
Prunus angustifolia
Prunus caroliniana
Quercus geminata
Quercus incana
Quercus inopina
Quercus laevis
Quercus larifolia
Quercus myrtifolia
Quercus nigra
Quercus shumardii
Quercus virginiana
Sabal palmetto
Taxodium ascendens
Taxodium distichum
Tilia americana
Ulmus alata
Ulmus americana
Vaccinium arboreum
Viburnum obovatum
American holly
Yaupon
Southern red cedar
Sweet gum
Tulip tree
Rusty lyonia
Southern magnolia
Sweet bay
Red mulberry
Wax myrtle
wild olive/Devilwood
silk bay
Red bay
Sand pine
Slash pine
Long leaf pine
Sycamore
Chickasaw plum
Cherry laurel
Sand live oak
Bluejack oak
Scrub oak
Turkey oak
Laurel oak
Myrtle oak
Water oak
Spanish oak
Live oak
Cabbage palm
Pond cypress
Bald cypress
Basswood
Winged elm; Cork elm
American elm; White elm
Sparkleberry
Walters viburnum
(2) The following are designated as shrubs
.
Ardisia escallonoides
Aronia arbutifolia
Asimina obovata
Befaria racemosa
Bumelia tenax
Callicarpa americana
Ceratiola ericoides
Erythrina herbacea
Euonymus americanus
Garberia heterophylla
Gaylussia dumosa
Gaylussia frondosa
Ilex ambigua
Ilex glabra
Illicium floridana
Illicium paryiflorum
Lyonia fruticosa
Lyonia lucida
Psychotria nervosa
Passiflora incarnata
Rhapidophyllum hystrix
Rhododendron canescens
Rhododendron viscosum
Rhus copallina
Rubrus spp.
Serenoa repens
Vaccinium darowii
Vaccinium myrsinites
Marlberry
Red chokeberry
Scrub pawpaw
Tar flower
Tough bumelia
Beauty berry
Rosemary
Coral bean
Strawberry bush
Garberia
Dward huckleberry
Dangleberry
Carolina holly
Gallberry
Florida anise
Star anise
staggerbush
Shiny lyonia
wild coffee
Passion flower
Needle palm
Honeysuckly azalea
Swamp azalea
Winged sumac
Blackberry
Saw palmetto
Blueberry
Florida evergreen blueberry
12
(3) The following are designated vines:
campis radicans Trumpet vine
Gelsemium sempervirens Yellow jasmine
Lonicera japonica Japanese honeysuckle
Lonicera semprevirens Coral honeysuckle
Parthenocissus quinquefolia Virginia creeper
Smilax pumila Sarsaparilla vine
vitis rotundifolia Muscadine grape
(4) The following are designated as flowers, herbs, and
groundcover:
.
Aletris lutea
Arisaema triphyllum
Aristida spp.
Asclepias tuberosa
Calapogon tuberosus
Clinopodium coccineum
Crinium americanum
Gaillardia sp.
Helianthus spp.
Hymenocalis crassifolia
Hypericum spp.
Liatris spp.
Lilium catesbaei
Lupinus diffusus
Nephroelepis exaltata
Mitchella repens
opuntia compressa
Polypodium aureum
pteris vittata
Ruellia caroliniensis
Satureja rigida
Thelypteris torresiana
Tradescantia ohiensis
Viola landeolata
Woodwardia areolata
Yucca finamentosa
Zamia sp.
Colic root
Jack in the Pulpit
Wire grass
Butterfly weed
Grass pink
Red basil
Swamp lilly
Blanket flower
Black-eyed susan
Spider lilly
st. Johns wort
Blazing stars
pine lilly
Lupine
Sword fern
Partridge fern
Prickly pear
Golden foot fern
Ladder brake fern
wild petunia
Pennyroyal
Mariana maiden fern
Spiderwort
Bog white violet
Netted chain fern
Bear grass
Coontie
(5)
The following are designated as shoreline and water plants:
Aster carolianus Climbing aster
Bidens mitis Bur-marigold
Blechnum serrulatum Saw-tooth fern
Canna flaccida Yellow canna
Cephalanthus occidental is Buttonbush
Eleocharis spp. Spikerush
Hibiscus coccineus Swamp hibiscus
Hydrocotyle umbel lata Water pennywort
Iris virginica Southern blueflags
Itea virginica Virginia willow
Juncus effusus Soft rush
Nuphar luteum Spatterdock
Nymphea odorata Fragrant water-lily
Orontium aquaticum Golden club
Osmunda cinnamomea Cinnamon fern
Osmunda regalis Royal fern
panicum hemitomon Maidencane
Peltandra virginica Arrow arum
Phragmites australis Giant reed
Pontederia lanceolata Pickerelweed
Spartina Bakerii Sand cordgrass
Sagittaria lancifolia Duck potato
Sagittaria graminea Arrowhead
Scirpus californicus Giant bulrush
Thalia geniculata Arrowroot (Fire flag)
Thelypteris palustris Marsh fern
Woodwardia areaolata Netted chain fern
.
13
Woodwardia virginica
Virginia chain fern
(e) Prohibited Plants
The following plants shall not be installed as landscape
material:
.
silk Oak (Grevillea robusta)
Punk Tree (Meleleuca auinauenervial)
Australian pine (Casuarina sPP.)
Brazilian Pepper (Schinus terebinthe folius)
Jacaranda (Jacaranda autifolia)
Australian pine (Casuarina spP.)
Cama Eucalyptus (Eucalyptus camaldulensis)
Ear tree (Enterolobium cyclocarpum)
American mulberry (Morus urbra)
Chinaberry (melia azadarach)
citrus trees (all types)
Chinese tallow tree (Sapium sebiferum)
Mimosa (Albizzia iulibrissin)
( f)
Irrigation
All landscaped areas shall be provided with an appropriate
irrigation system to be provided by the developer. Said
system shall provide at least one oulet for irrigation water
within one hundred fifty (150) feet of the plant material.
If a landscaped area contains primarily species native to the
immediate region, or plants acceptable for xeric landscaping,
the Director of Planning may waive the requirement for
installation of the irrigation system. Consideration of a
waiver of the irrigation requirement shall include, in
addition to the area covered by native vegetation, such local
conditions as sun or shade, use of fill soil, and depth to
water table.
(g) Non-Living Materials
Mulches shall be a minimum depth of two (2) inches and plastic
surface covers shall not be used.
(h) Maintenance and Replacement of Plants
.
(1) 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. Periodic inspections shall be
conducted by the Staff Forester to assure compliance with
this section. Notice of noncompliance may be given by
the Staff Forester by certified mail and a reinspection
will be made thirty days after the first notice.
continued violation after thirty days will be referred
to the Code Enforcement Board. Deteriorated and
destroyed materials must be replaced with plant material
consistent with the original landscape plan as to
quantity and quality or as approved by the Staff
Forester.
(2) All required plants shall be maintained in a healthy,
pest-free condition.
(3) within six (6) months of a determination by the staff
forester that a plant is dead or severly damaged or
diseased, the plant shall be replaced by the developer
in accordance with the standards specified in this Code.
section 12.5-9 Enforcement
violations of this ordinance shall constitute a misdemeanor
enforceable in accordance with section 1.8 of the city Code
14
.
.
or by an injunction or other legal or equitable relief in the
circuit court, or by civil or criminal relief. No certificate
of occupancy shall be issued until the requirements of this
Article have been met.
SECTION 4.
SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the
remaining portion hereto.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall become effective immediately upon its passage
by the city of Ocoee City commission.
PASSED AND ADOPTED THIS
ATTEST:
t"" d- ,....._ ___
~ day of ~, 1990.
Advertised Hay 24 , 1990
Read First Time Hay 15 , 1990
Read Second Time and adopted
June 5 , 1990.
Approved:
CITY OF OCOEE, FLORIDA
By:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, APPROVED
AS TO FORM AND LEGALITY:
THIS Sit DAY OF:5'Uf\€' , 1990.
Foley & Lardner, Van Den Berg,
:::' B&J;;l,Z: &, ~kin
city Attorney N
15
.
Properly constructed barricade protects th&
10101 area within the ()-lp line or a radius
of 20' whichever is 188 &.
FIGURE A
...
~~~....
~
Dry weB around 1ree permits oir and water
circulation. Tiles on Qround ore sloped to drain away
from trunk and off roots (arrow). Ver1ical bell tiles
(A) ore connected with drain to porm1t oddit ional oir
circulation: one on the extrema rlQht is held erect
by loose stones.
This drow~ng shows a Orld pattern of tilas
for draining 0 strand of trees.
FIGURE B
.
A/' ....\1...
.-.<'....
VERTIcnL
DRAIN TILE
r""""" ~. .
~,.-.. ""'...I )...J.Y
DRnltt TILE
~...\-
)
J..
DRfH N TI LE.
.........
FIGURE C
~.~
UERTICnL
..,~". TILE
DRnlH
DR'x' WELL
'JERTICnL TILES
SOIL FILL
SMALL
STONES
LOOSE
DRAIN TILES
FIGURE D
.'
~
I
i
OrlQ'nat orade
----...-
--
--
~;; QfOoe
"
: ' . \
(. '.
"
.... '.-
- ""--
Odgin~ ~ode
-----....--- -
Dry retaining
wall .
~Qde
Ne'ff yo
.......~-- r-
Mb:ture of Peol moss or
leaf moki and 8011
FIGURE E
PLANT HEY
~
~
.
CANOPY
UNDERSTORY
SHRUBS
GROUNDCOVER
FIGURE F
VEHICLE USE onEO LOHDSCOrlHG
ISBB SQUARE FEET OF
PLAHTING AREA
FIVE (5) Cf\NOI'V
ONE (1) UNDERSTORY
TWELVE (IZ) SHRUBS
.',
. :
'.'
..... .
,
: .
, ,
FIGUHE G
.
~
~--
than 3 foot
Less
--- w........ 5 fool
Moro L'~l
FOR LANDSCAPt-lQ
LE AREAS
~ INEUGB .
FIGURE II