AN ORDINANCE TO BE ENTITLED
AN ACT BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA, AMENDING THE PASCO COUNTY LAND DEVELOPMENT CODE, ORDINANCE 89-21, AS AMENDED, PROVIDING FOR A LANDSCAPING AND IRRIGATION ORDINANCE; SHORT TITLE; AUTHORITY AND POWER; PURPOSE AND INTENT; DEFINITIONS; GENERAL RESIDENTIAL LANDSCAPING STANDARDS; GENERAL LANDSCAPING STANDARDS FOR CLASS I, II AND III DEVELOPMENTS; MINIMUM INTERIOR LANDSCAPING REQUIRED FOR VEHICULAR USE AREAS; BUILDING PERIMETER LANDSCAPING; AUTOMOTIVE SERVICE STATIONS AND CONVENIENCE STORES WITH GAS PUMPS; LANDSCAPE BUFFERING AND SCREENING; ROAD RIGHT-OF-WAY LANDSCAPING; SERVICE FUNCTION AREAS; WATER MANAGEMENT SYSTEMS; CLEAR SITE TRIANGLE; GENERAL IRRIGATION STANDARDS; APPEALS PROCESS; LIABILITY FOR VIOLATION OF ORDINANCE; VIOLATIONS, FINES AND PENALTIES, REMEDIES AND PROSECUTION; NON-LIABILITY OF COUNTY; REPEALER; SEVERABILITY; INCLUSION INTO THE PASCO COUNTY LAND DEVELOPMENT CODE; MODIFICATION; AND EFFECTIVE DATE.
BE IT THEREFORE ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY FLORIDA, as follows:
Section 1. Short Title
This ordinance shall be known and may be cited as the “Pasco County Landscaping and Irrigation Ordinance.”
Section 2. Authority and Power
Pursuant to the Constitution of the State of Florida and through Florida Statutes Chapter 125.66, the Board of County Commissioners is vested with the authority to adopt the Pasco County Landscaping and Irrigation Ordinance to be administered by the County Administrator, or his designee. This ordinance shall be effective in the unincorporated areas of Pasco County.
Section 3. Purpose and Intent
It is the purpose and intent of this Ordinance to promote the health, safety, and general welfare of the current and future residents of Pasco County by establishing minimum standards for the development, installation, maintenance and preservation of water-efficient landscaping and irrigation within Pasco County. In support thereof the Board of County Commissioners hereby makes the following findings of fact:
A. As the Southwest Florida Water Management District Executive Order SWF 01-14 requires Pasco County to implement an ordinance requiring water-efficient and drought tolerant landscapes and efficient landscaping irrigation designs for new development; and
B. As the Comprehensive Plan mandates that Pasco County implement a water conservation plan, and require the use of native plant species in the landscaping of new developments and additions to existing projects, and require the use of XeriscapeTM principles in landscape design and installation; and
C. As the preservation of existing plant communities, the use of site specific plant materials, the use of pervious paving materials, the use of water efficient irrigation and other environmentally sensitive site development concepts help reduce water consumption; and
D. As plant materials purify and cool the ambient air, provide shade, conserve energy, reduce noise levels and glare, and are aesthetically pleasing, plant materials are an invaluable amenity and asset to Pasco County. Therefore, land management practices and land use techniques that require planting of plant materials is consistent with the Comprehensive Plan; and
E. As the use of plant materials improves the aesthetic appearance of public, commercial, industrial and residential areas by reducing the visual impact of large building masses, by softening the visual impact of paved surfaces and vehicular use areas and by screening conflicting uses from one another and otherwise helps establish a harmonious relationship between the natural and built environment; and
F. In order to protect and enhance the overall environmental quality and aesthetic appearance of Pasco County, the development, installation, and maintenance of water-efficient landscaping and irrigation must be regulated by this Ordinance.
Section 4. Definitions
The following words, terms and phrases, and their derivations, when used in this ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Words not defined in this ordinance shall have the meaning as defined within the Land Development Code. When not inconsistent with the context, words in the present tense include the future. The word “shall” is always mandatory and not merely directory.
Annual beds – Any landscape where the majority of plants are replaced on a regular basis.
Automatic Irrigation Controller – A timer, capable of operating valve stations to set days and length of time of a water application.
Best Management Practices (BMP’s) – Irrigation, lawn and landscape practices designed to reduce negative impacts on the environment and promote water conservation.
Buffer – A strip of land separating adjacent land uses.
Caliper – Trunk caliper is measured 6 inches above the ground on trees up to and including 4 inches in diameter.
Drought Tolerant Plants – Established plants that survive on natural rainfall with occasional irrigation during dry periods.
Emitter – A device that applies irrigation water. This term is primarily used to refer to the low flow rate devices used in micro-irrigation systems.
Green Space – The entire parcel less the building footprint, driveways, vehicular access areas and hardscapes, such as decks, patios, pools and other non-porous areas. Stormwater management systems and wetland conservation areas, lakes, rivers and creeks are excluded in the calculation of green space area.
Ground Cover - Plants, other than turf grass, which reach a mature height of twenty-four inches (24”) or less.
Irrigation System – A permanent, watering system designed to transport and distribute water to plants as a supplement to natural rainfall.
Irrigation Zone – A control valve circuit containing emitters and/or sprinklers with consistent application rates.
Landscape Plant Zone – A grouping of plants with similar water and cultural (sunlight, soil, etc.) needs. Plant groupings based on water use are as follows: drought tolerant plants, natural plants, and oasis plants.
Leaching – The removal of water-soluble compounds by the percolation of water.
Micro-Irrigation – An irrigation system with a maximum flow rate per emitter of thirty (30) gallons per hour or less. These systems are not approved for turfgrass applications.
Mulch – Any material applied to the soil surface to retain soil moisture, control erosion, inhibit weeds and/or regulate soil temperatures.
Natural Plants – Established plants that survive on natural rainfall without irrigation.
Oasis Plants – Established plants that require frequent irrigation.
Overspray – Water that is delivered beyond the landscape area; wetting pavements, walks, structures or other non-landscaped areas.
Parking Space – A paved or unpaved ground surface area used for storage of a single motor vehicle.
Rain Sensor Device – A calibrated device that is designed to measure rainfall and override the irrigation cycle of the irrigation system when a pre-determined amount of rainfall has occurred. The suggested setting of the rain sensor device for shutoff, as per the University of Florida’s Institute of Food and Agricultural Sciences (IFAS), is ½ to ¾ inch.
Runoff – Water that is not absorbed by the soil and flows from the area.
Screen – Fences, walls, berms, trees, shrubs, or a combination of these located within a buffer to serve as a visual barrier.
Turf and/or Turfgrass – Continuous plant coverage consisting of grass species appropriately suited to the site where it is planted.
Water Features – Features of a site that hold water temporarily or permanently. These may include both natural features (lakes, wetlands, rivers, creeks, etc.) and artificial features (retention and detention ponds, fountains, ditches and canals).
Xeriscape TM or Florida Friendly Landscape – (as provided for in § 373.185 Florida Statutes) Quality landscapes that conserve water, protect the environment, are adaptable to local conditions and are drought tolerant. The principles of Xeriscape TM include planning and design, appropriate choice of plants, soil analysis (which may include the use of solid waste compost), efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance.
Section 5. General Residential Landscaping Standards
A. All single and two-family residential landscape installations, shall employ XeriscapeTM principles and shall utilize a minimum of fifty percent (50%) native Floridian species, suitable for growth in Pasco County, as listed in Appendix A of this Section, “Native Plant Materials”, which may be amended from time to time by Resolution of the Board of County Commissioners. The “Guide to the Vascular Plants of Central Florida”, R.P. Wunderlin, 1998 (as amended), which is incorporated herein by reference, should be use for additional native plant determination.
B. The planting of species listed in Appendix B of this Section to fulfill the requirements of this Ordinance is prohibited. The use of the additional plant species listed in Appendix C, Florida Exotic Pest Plant Council’s List of Invasive Species, is discouraged.
Section 6. General Landscaping Standards for Class I, II and III Developments
A. Landscape Plan - A Landscape Plan shall be submitted concurrent with applicable development plans for all Class I, II and III developments, as defined in Section 306.2 of the Pasco County Land Development Code.
1. The landscape plan shall be prepared by a landscape architect, landscape contractor or builder licensed, registered or certified by the State of Florida. and shall include sufficient information to determine whether the proposed landscaping is in compliance with the standards and other requirements of this Ordinance. Submitted landscape plans shall be drawn at a readable scale and shall include the following:
a. The name, address and telephone number of the owner of the property for which the landscape plan is required.
b. The name, address and telephone number of the landscape architect or other type professional preparing the landscape plan.
c. The location of the property including the legal description, section, township, range and street address, if known.
d. Using the concept of a “Florida Friendly Landscape” or “XeriscapeTM “, a description of the species, minimum sizes, quantity and location of all plant materials existing and proposed; and proposed turf grass that will be utilized to meet the minimum landscaping requirements.
e. The location of all existing and proposed structures, parking areas, vehicular use areas and other site improvements.
f. General notes including mulching requirements, instructions for the installation, fertilization and maintenance of all plant materials.
g. Planting details as needed.
h. Tabulations providing information necessary to evaluate compliance with provisions of this Ordinance. This shall include required buffers, vehicular use area landscaping/screening, supplemental landscaping and other such information as necessary.
1. All plant materials shall be grade Florida No.1 or better pursuant to the Florida Department of Agriculture Grades and Standards for Nursery Plants, which is incorporated herein by reference.
2. Any approved trees planted to fulfill the requirements of this Ordinance shall count towards fulfilling the requirements of the Pasco County Tree Protection and Restoration Ordinance.
3. Installed trees and plants shall be grouped together into landscape plant zones according to water and cultural (soil, climate and light) requirements. Plant groupings based on water requirements are as follows: drought tolerant, natural and oasis.
4. At least fifty percent (50%) of the plant materials, other than trees, used to fulfill the requirements of this Section shall be native Floridian species, suitable for growth in Pasco County, as listed in Appendix A of this Section, “Native Plant Materials”. The “Guide to the Vascular Plants of Central Florida”, R.P. Wunderlin, 1998 (as amended), which is incorporated herein by reference, should be used for additional native plant identification.
5. The planting of species listed in Appendix B of this Section to fulfill the requirements of this Ordinance is prohibited. The use of additional plant species listed in Appendix C, Florida Exotic Pest Plant Council’s List of Invasive Species, is discouraged.
6. All landscaping shall be installed in accordance with accepted landscape practices in the area.
a. All new development shall retain existing native plant materials to the maximum extent possible unless stormwater management design, necessary grade changes, required infrastructure or approved construction footprints necessitate their removal. Areas of retained plant materials shall be preserved in their entirety with all trees, understory and ground cover left intact and undisturbed provided that prohibited exotic plant materials as identified in Appendix B, which may be amended from time to time by Resolution of the Board of County Commissioners, are removed.
b. The protection of existing plant materials shall conform to the standards listed in the Tree Protection During Development of Land section of the Pasco County Tree Protection and Restoration Ordinance.
a. All shade trees used to satisfy landscaping requirements shall have a minimum four-inch (4”) caliper trunk and shall be a minimum of ten feet (10’) in height at the time of installation. All required shade trees shall be a species having an average mature spread of greater than twenty feet (20’) in the Pasco County area.
b. All proposed multiple-trunk trees shall have no less than three (3) trunks and no less than one inch (1”) caliper size per trunk and shall be a minimum of six feet (6’) in height at the time of installation.
c. Palm trees may be substituted for shade trees at a rate of three palm trees, grouped together, for one (1) shade tree. Palm trees may be substituted for up to thirty percent (30%) of the required shade trees. Palms must have a minimum of ten feet (10’) of clear truck at the time of installation.
d. Shrubs, grown in three (3) gallon containers, shall be a minimum of twenty-four inches (24”) in height at the time of installation. Shrubs shall be spaced twenty-four inches (24”) on center. Where required to provide a visual screen, shrubs shall be planted in staggered double rows and maintained so as to form a continuous, unbroken, solid visual screen within one (1) year from the time of planting.
1. All landscaping, including those areas located in the public right-of-way as approved through the applicable development review process, shall be maintained by an entity other than the County, as identified in the Development Order.
2. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved landscape plan.
3. All installed landscaping shall be neat and orderly in appearance and kept free of refuse, debris, disease, pests and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition.
4. Ongoing maintenance to prevent the establishment of prohibited exotic species is required.
5. Any plant materials of whatsoever type and kind required by these regulations shall be replaced within thirty (30) days of their demise and/or removal.
6. Paving, treating or covering a required landscaped area in any way that renders it impervious is prohibited.
7. Parking of vehicles shall not be permitted in required landscaped areas.
A. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling units, and dwellings on individually platted lots.
B. Existing vehicular use areas with existing planting beds that do not provide the required amount of landscaping as defined in this ordinance shall be brought into full compliance to the maximum extent possible within one year from the date of passage of this ordinance. No existing structure shall be required to be altered or moved to meet the provisions of this ordinance.
C. Existing landscaping that does not comply with the provisions of this section shall be brought into compliance to the according to the following:
1. When the vehicular use area is altered or expanded except for restriping of lots/drives.
2. When a development site is redeveloped, remodeled or renovated by more than twenty-five percent (25%) of the property appraiser’s appraised value of the existing site improvements
K. Where existing trees are retained in the landscape islands to satisfy the requirements of this Ordinance, the amount of parking spaces in that row may be increased to fifteen (15).
A. Right-of-way buffer landscaping:
2. A minimum thirty-six inch (36”) earthen berm with a maximum slope of 3:1 shall be constructed along the entire length of the landscape buffer. The berm shall be planted with ground cover, shrubs, trees and palms. The berm and landscaping shall be eighty percent (80%) opaque and shall be a minimum of four feet (4’) in height at the time of installation and all times thereafter. Height shall be measured at finished grade of the vehicular use area. A berm shall not be required within the visibility triangle areas for any driveways or pedestrian walkways.
3. Shade trees shall be planted in staggered double rows with a maximum spacing of twenty-five feet (25’) on center. Palms shall be limited to landscaped areas adjacent to vehicular access points and shall be planted in clusters with a minimum of three (3) palms per cluster with a maximum spacing of eight feet (8’) on center. Exceptions will be made for Phoenix spp. (not including roebelenii), which may be planted individually. A maximum distance of twenty-five (25’) shall be maintained between all types of tree clusters.
4. All portions of each site, which are not devoted to buildings, sidewalks, paving or special landscape features shall be grassed. The use of native plant species and xeriscaping shall be encouraged. However, no more than thirty percent (30%) of the required landscape area may be grassed, the balance shall be landscaped in shrub and ground covers. All yard grass planted shall be Hybrid Bermuda or St. Augustine.
B. Refer to Section 9 of this Ordinance, Table 9-A Buffer Requirements by Zoning Classification / Use for buffering requirements from adjacent property.
1. When the vehicular use area is altered or expanded except for restriping of lots/drives.
2. When a development site is redeveloped, remodeled or renovated by more than twenty-five percent (25%) of the property appraiser’s appraised value of the existing site improvements.
BUFFER REQUIREMENTS BY ZONING CLASSIFICATION / USE
Table 9-A
|
|
Subject Property’s District/Use |
Adjacent District / Use |
|||||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
||
|
1. |
Agricultural Districts (AC, AC-1AR, AR-1, AR-5) |
___ |
___
|
___ |
___ |
___ |
___ |
___ |
___ |
___ |
___ |
|
2. |
Residential Single Family Districts (ER, ER-1, R1, R2, R3, R4) |
A |
___ |
B |
B |
B |
B |
B |
D |
C |
C |
|
3. |
Multifamily Districts (MF-1, MF-2) |
A |
B |
___ |
B |
B |
B |
B |
D |
C |
C |
|
4. |
Mobile Home Districts (RMH, R-1MH) |
A |
B |
B |
___ |
B |
B |
B |
D |
C |
C |
|
5. |
Commercial Districts/Uses (C-1, C-2, C-3) |
A |
B |
B |
B |
A |
A |
B |
D |
B |
C |
|
6. |
Professional Office Districts/Uses (PO-1, PO-2) |
A |
B |
B |
B |
A |
A |
B |
D |
B |
C |
|
7. |
Industrial Districts / Uses (I-1, I-2) |
B |
C |
B |
B |
A |
A |
A |
D |
B |
C |
|
8. |
Rights-of-way |
--- |
D |
D |
D |
D |
D |
D |
___ |
i. |
D |
|
9. |
Automotive Service Stations and Convenience Stores with Gas Pumps |
B |
C |
C |
C |
B |
B |
B |
i. |
B
|
C |
|
10 |
Class I Mining Operations |
|
C |
C |
C |
C |
C |
C |
C |
C |
C |
i. Refer to Section 8.F of this Ordinance for specific Right-of-Way buffer requirements for Automotive Service Stations and Convenience Stores with Gas Pumps.
1. Type A buffer – A ten-foot (10’) wide buffer with a single row of trees spaced a maximum of thirty feet (30’) on center.
2. Type B buffer – A fifteen foot (15’) wide buffer planted with a single row of trees having a maximum spacing of twenty-five feet (25’) on center. A visual screen designed to be eighty percent (80%) opaque within one year and a minimum of six feet (6’) in height at installation shall also be provided within the buffer. The screen may include a wall, hedge, berm or any combination thereof.
3. Type C buffer – A twenty foot (20’) wide buffer planted with two staggered rows of trees with a maximum spacing of thirty feet (30’) on center. A visual screen designed to be eighty percent (80%) opaque within one year and a minimum of six feet (6’) in height at installation shall also be provided within the buffer. The screen may include a wall, hedge, berm or any combination thereof.
4. Type D buffer (Right-of-way buffer) – A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development.
a. The minimum width of the right-of-way buffer shall vary according to the ultimate width of the abutting right-of-way as indicated below:
i. A right-of-way width of 0-99 feet requires a minimum ten-foot (10’) wide buffer.
ii. A right-of-way width of 100 or more feet requires a minimum fifteen foot (15’) wide buffer.
iii. Developments of 15 acres or more require a minimum twenty foot (20’) wide buffer regardless of the width of the right-of-way.
b. Shade trees shall be planted with a maximum spacing of twenty-five feet (25’) on center. Palms shall be limited to landscaped areas adjacent to vehicular access points and shall be planted in clusters with a minimum of three (3) palms per cluster with a maximum spacing of eight feet (8’) on center. Exceptions will be made for Phoenix spp. (not including roebelenii), which may be planted individually. A maximum distance of twenty-five feet (25’) shall be maintained between all types of tree plantings. The remainder of the buffer shall be landscaped with shrubs, at a minimum rate of five (5) shrubs per tree or palm, and groundcover.
c. Where a vehicular use area abuts the right-of-way buffer, the buffer shall contain an earthen berm, a minimum of eighteen inches (18”) in height and shall be landscaped with shrubs and groundcover. The berm and landscaping shall be eighty percent (80%) opaque and shall be a minimum of four feet (4’) in height at the time of planting and at all times thereafter. A berm shall not be required within the visibility triangle areas for any driveways or pedestrian walkways.
d. All portions of each site, which are not devoted to buildings, sidewalks, paving or special landscape features shall be grassed. The use of native plant species and xeriscaping shall be encouraged. However, no more than thirty percent (30%) of the required landscape area may be grassed, the balance shall be landscaped in shrub and ground covers. All yard grass planted shall be Hybrid Bermuda or St. Augustine.
e. A six-foot (6’) masonry wall may be located within a required Type D buffer (Right-of-Way buffer) to separate a residential development from an arterial or collector road. A continuous evergreen hedge a minimum of twenty-four inches (24”) in height at installation shall be planted along the right-of-way side of the wall. A single row of trees, spaced thirty feet (30’) on center, shall also be located along the right-of-way side of the wall. Palms may be substituted for trees at a rate of three palm trees, grouped together, for one tree. Palms may be substituted for up to thirty percent (30%) of the required trees. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile molding and wrought iron.
1. Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel or adjacent parcels.
2. A meandering sidewalk, bike trail or nature trail is provided within the buffer and the buffer width is increased by the equivalent sidewalk or trail width.
E. The County Administrator or his designee may grant a variance from the width of a required buffer, to a minimum of five feet (5’), where, owing to special conditions, there are peculiar circumstances in existence that do not apply to other lands or structures in the same zoning district; and the applicant did not cause the peculiar circumstances; and the variance will not accord the applicant any special privileges; and the literal interpretation of this ordinance will result in a unique and unnecessary hardship to the applicant rendering virtually impossible the use of the land. A variance from the quantity of plant materials to be provided within a required buffer shall not be granted.
Section
10. Road Right-of-Way Landscaping – Landscaping within a public rights-of-way
shall be approved through the applicable review process where landscaping other
than sod or ground cover is proposed. A Pasco County Right-of-Way Use Permit
and License and Maintenance Agreement shall also be required.
Section 11. Service Function Areas – Areas of non-residential development that are utilized as loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, recycling or other service functions shall be screened and out of view from adjacent properties at ground level and from public rights-of-way by a masonry wall a minimum of six feet (6’) in height.
A. All manmade dry and wet retention areas smaller than five (5) acres that are visible from the public right-of-way, an adjacent parcel or located within a required buffer shall be designed to appear natural by providing offsets in the edge alignment. Offsets should be a minimum of ten feet (10’). Said retention ponds shall be landscaped and/or shall contain special site features, such as fountains and reflecting pools. Existing natural vegetation may be used in lieu of new plantings.
B. Retention/ detention ponds and swales shall be permitted within a required buffer provided they are consistent with the following criteria:
1. Retention/detention ponds and swales shall not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer except where existing native vegetation is retained at natural grade.
2. Retention/detention ponds and swales shall not exceed, at any location within the required buffer, seventy percent (70%) of the required buffer width. A minimum five-foot (5’) wide level planting area shall be maintained between the retention/detention pond or swale and the public right-of-way or adjacent parcel. This area shall be planted with trees and shrubs.
3. To reduce soil erosion and visually soften the edge of the water management areas, trees shall be planted along the banks of the water management area at a minimum rate of one (1) tree per fifty (50) lineal feet of pond bank.