ARTICLE VI LANDSCAPING / BUFFERS / TREES ARTICLE VI LANDSCAPING

ARTICLE VI LANDSCAPING / BUFFERS / TREES

Original adoption-August 20, 2007 Revised adoption-April 21, 2008 VI-1


Section 6.1 Purpose and Intent The Mascotte City Council finds that the health, safety, and welfare of its citizens, with regards to continuing development within the City, can best be protected by land use regulations that support and enforce the following goals: • Preserve, enhance, or restore the unique natural environment of the community. • Ensure that a diversity of plants and trees indigenous to the City shall be maintained. • Ensure that the majority of plantings on development projects are native and drought-tolerant

species. • Protect all specimen trees and viable treed areas as a vital natural resource and as a sanctuary

for birds and animals. • Establish appropriate landscaped buffers between land uses to promote open space and

mitigate impacts between different land uses. • Regulate the removal and replacement of trees from all public and private property within the

City. • Preserve, enhance, or restore shade along streets and sidewalks to promote pedestrian activity

and create appealing public corridors. • Improve the appearance, environment, character, and value of the total urban area. • Preserve property values and control flooding, soil erosion, light, wind, dust, heat, and air

and noise pollution. • Protect life and property by appropriately planning the location and management of trees and

vegetation. Landscaping and irrigation are vital parts of any development and shall be provided as part of the subdivision and site plan review processes. The objective of landscaping shall be to preserve and enhance the particular elements of each specific site. The landscape areas shall be located on the site in such manner as to maximize preservation of existing trees and natural areas. Linking adjacent sites with landscape corridors or natural area corridors will also be pursued to the extent possible in order to develop wildlife corridors throughout the City. Section 6.2 Preliminary Subdivision and Site Plans A) Tree Surveys: As part of the Preliminary Subdivision or Preliminary Site Plan process, each

developer shall provide a tree survey overlay on their plans. The tree survey shall show all trees with a DBH of 6” or greater. The plan sheet with the tree survey shall include a legend denoting the size of each tree (in DBH), the tree species, and whether it is proposed to be



saved or destroyed. If the developer proposes to remove any existing trees with a DBH of 6” or greater, the developer will need to follow the tree mitigation section of this article.

Section 6.3 Final Site and Subdivision Construction Plans A) Final Construction Plans are required to include signage, landscaping, irrigation,

hardscaping, wall lighting, and any other entryway features. Landscaping and irrigation plans shall be drawn by a Florida registered landscape architect and be included in the overall Final Construction Plan set.

1) Landscaping plans for subdivision and site plans shall be clearly readable, drawn to a

reasonable scale, and include a list of tree and plant species to be used, together with their minimum size, location on the plans and the total number of each tree and plant in each location. The landscape plan shall also include a Notes section that indicates that the grades and standards for plant materials will be adhered to as stated in this article. The plan shall also include tree protection measures as outlined in this article.

2) Irrigation plans for subdivision and site plans shall be clearly readable, drawn to a

reasonable scale, show the entire site to be irrigated, including all improvements, and shall include but not be limited to the date, scale, revisions, legend, specifications which list all aspects of the equipment and assembly thereof, water source, water meter and/or point of connection, backflow prevention devices, pump station size, pump station location, design operation pressure and flow rate per zone, locations of pipe, controllers, valves, sprinklers, sleeves, and gate valves.

3) New development will be required to provide sufficient landscaping and irrigation to

meet the purpose and intent of this article. Stormwater retention areas shall not be credited toward meeting the open space requirement unless they are planted. All landscaped areas shall have a minimum variety of two (2) living plant materials other than trees. All planted areas shall be mulched with a three-inch (3”) depth of mulching material, unless a ground cover or sod is used. Landscape architects shall ensure that at least 60 percent of the landscaping for each site is drought tolerant or Florida Friendly.

Section 6.4 Site Inspections A) All existing street right-of-way areas and existing landscaping disturbed by construction shall

be resodded or otherwise restored as approved by the SDRC. In subdivisions or other development involving the creation of new streets, right-of-way areas shall, at a minimum, be sodded along the edge of curb or pavement with the remaining right-of-way area to be seeded and mulched. The minimum width of sod is to be 16 inches. Full sodding of rights-of-way may be required by the City Engineer if erosion conditions warrant.



B) Final acceptance of site improvements shall include the landscaping and irrigation

improvements. Landscaping and irrigation will need to be completed and accepted in order to receive the Certificate of Completion for the development. All required landscaped areas must be irrigated unless a waiver is made in certain circumstances where areas are left natural.

Section 6.5 Single Family Residential Lots Building permit applications will be required to include landscape and irrigation plans for individual single family lots. Irrigation plans for single family uses shall be submitted prior to construction of the irrigation system. The plans shall be clearly readable, drawn to a reasonable scale, show the entire site to be irrigated, and must include all improvements. Drawings shall be prepared by a Florida registered landscape architect or a properly licensed and certified irrigation contractor. Each single family lot will be required to have one (1) tree with a DBH of at least six inches (6”) and two (2) trees each with a DBH of at least four inches (4”). These trees shall have a minimum height of 10 feet at time of planting. These trees should be canopy trees as listed in this article. Existing trees may be counted as meeting this requirement, as long as they are of sufficient size. One of the trees on each single family lot shall be planted in the front yard, no less than 5 feet and no more than 8 feet from the sidewalk. These trees will help to form a canopy over the sidewalk and street sides. Corner lots are required to provide two such trees, one on the front and one on the side of the lot. Additionally, if the lot is more than 100 feet wide at the sidewalk, then the lot will be required to have two such trees. Existing trees in this specific area can be counted as meeting this requirement. These trees shall be coordinated with the placement of street lights to prevent conflicts. A list of approved canopy trees is included in this article.

ARTICLE VI

LANDSCAPING / BUFFERS / TREES

At least 50% of the landscaped area for each single family lot shall be drought tolerant or Florida Friendly plants. Florida Friendly plants require a minimum of irrigation and shall be grouped together on the lot in order to reduce the irrigation requirement for those zones. Section 6.6 Buffers A) Residential Buffers:

A form of screening shall be provided to separate residential subdivisions from abutting arterial or collector streets. The intent of the screening is to reduce visual, light, and noise impacts and to prevent access directly from the lot to the arterial or collector street. For single family subdivisions and multi-family site plans, a buffer is required where the property adjoins a roadway. The buffer shall be either: 1) A landscaped berm with a total depth of at least 25 feet and no steeper than 3H:1V. The

berm shall be at least three feet in height and the berm together with the landscaping, shall comprise a continuous screen of at least 5 and one half feet (5.5’) at time of planting and six feet (6’) within one year of planting. For single family subdivisions, these buffers shall be on common property and dedicated to the homeowners’ association for ownership and maintenance responsibilities. For multi-family sites, the buffer will be either owned by the property owner, or in the event of multiple owners, a condominium association or other common entity will own and maintain the buffer.


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2) A landscaped wall buffer with a minimum depth of 15 feet. The wall shall maintain a height of six feet from grade on highest side and all walls shall be brick or a combination of brick and other material such as wrought iron (or high quality wrought-iron appearance), tile, or granite. Wall columns shall have a maximum spacing of thirty feet (30’) on walls up to two hundred feet (200’) in length and forty feet (40’) on walls more than two hundred feet (200’) in length. Wall columns may extend up to twelve inches (12”) above the height of the wall or eighteen inches (18”) above the height of a wall framing an identification sign. The landscaping shall include a canopy tree every 50 feet. The canopy trees shall be planted a minimum of 5 feet from the wall and 5 feet from the sidewalk. At least two understory trees shall be planted every 50 feet, and no more than twenty feet (20’) of outer wall face may be left devoid of plantings of at least 30” in height at time of planting. For single family subdivisions, these buffers shall be on common property and dedicated to the homeowners’ association for ownership and maintenance responsibilities. For multi-family sites, the buffer will be either owned by the property owner, or in the event of multiple owners, a condominium association or other common entity will own and maintain the buffer.


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3) For residential subdivisions or site plans, where a stormwater pond adjoins the roadway, the wall or berm may be replaced with wrought iron fencing and accompanying landscaping.


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4) Buffers that include fences, walls, trees, bushes, and other appropriate vegetation will be required for subdivision perimeters to separate and buffer existing properties. These may not require irrigation as long as the trees and vegetations are maintained and replaced.

B) Non-Residential Buffers

Landscaped buffer areas or landscaped wall areas intended to screen parking areas, dumpster pads, stormwater ponds, or other site features shall be designed to achieve a continuous minimum height of three feet (3’) at time of planting. These buffers shall be a minimum of 15 feet in depth if they adjoin a street, and a minimum of 10 feet in depth if they adjoin another non-residential parcel. Provisions for cross access easements between parcels under separate ownership shall be made when designing buffers. Berms shall be used in addition to plants to create an attractive screen. The landscaped buffer shall contain at least one canopy tree for each 50 linear feet and at least one understory tree for each 25 feet. In order to shade sidewalks, canopy trees shall be located no more than 8 feet and no less than 5 feet from sidewalks.




In the Town Center area of the CRA, landscaped buffers will be modified in order to provide additional room for public plazas, wider sidewalks for seating of patrons, and on-street parking. Buffers and landscaping on property within the Town Center portion of the CRA will be addressed during the PUD approval process. When a non-residential use is proposed adjacent to residential property, the non-residential property owner shall be required to provide a minimum of a 15 foot wide buffer. This buffer shall include a six foot high brick wall, or a combination of brick and other materials such as wrought iron (or high quality wrought iron appearance), tile, and granite, unless the two uses are compatible and an alternate design solution is approved by the City as a buffer. When considering this buffer, the City’s objective will be to protect the residential area from noise, traffic, light, and other factors that may be associated with the non-residential use. This wall buffer shall also have the same landscaping requirements as the walls screening residential developments from arterial and collector roadways. All canopy trees shall be planted within the buffer, no closer than 5 feet from the wall. If non-residential and residential properties are adjoining and owned by the same entity, buffer requirements between the two uses will be determined during the development review process.

Section 6.7 Hardscape Hardscape consists of the inanimate elements of landscaping. For instance, brick walls, concrete or brick plazas, water fountains, tile paths, wooden decks and arbors are all considered part of the hardscape. Street furnishings like benches, trash receptacles, large planters, decorative signage and lighting fixtures, and sculptures shall also be considered hardscape. The design of on-site walkways shall provide for safe and efficient pedestrian access from parking areas to buildings or public spaces. In areas where pedestrians must cross internal driveways to reach buildings, walkways shall be distinguished using decorative pavers. All hardscape shall be included in the Final Construction Plan documents. Wall details including footer typical sections and column details are required as part of the plans as well as detailed signage plans, including lighting for the signs. In the Town Center and other parts of the CRA, hardscape may be required in addition to or in lieu of standard landscaping and buffers.

ARTICLE VI





Section 6.8 Street Medians A) Within residential areas, landscaped medians will be required as a traffic calming device.

These medians shall be placed along straight expanses of streets that exceed 600 feet. Landscaped medians or round-a-bouts may also be required at intersections in residential neighborhoods as a traffic calming device. Entrance medians are also permitted and encouraged.

B) Landscaped islands and medians within private streets or the public rights-of-way shall

conform to the following:

1) The minimum size of a landscaped island or median shall be eight feet (8’) wide and 75 feet long.

2) All landscaped islands in residential subdivisions shall be curbed (FDOT Type I) 3) All islands and medians with landscaping shall have irrigation. 4) All landscaped islands shall have trees and low shrubbery or groundcover. In some

cases, hardscaped islands may be permitted or a combination of landscape and hardscape. Section 6.9 Parking Lots A) A minimum of one (1) landscaped island shall be provided for every ten (10) parking spaces

and the parking lot shall be designed to include one (1) tree for every four (4) parking spaces.

1) Each island shall contain at least one (1) canopy tree which is at least three and one-half inches (3.5”) DBH.

2) Curbing shall be required around the perimeter of the island unless waived by the SDRC based on the overall landscape and stormwater management plan.

3) The size of the island shall be a minimum width of 10 feet (10’) and a minimum area of 200 square feet.

4) Parking lot islands area required at all terminal ends of parking space rows, regardless of whether they have more than ten (10) parking spaces in that row.

5) A waiver of the required ten (10) parking spaces without an island can be authorized by the SDRC if an existing tree is preservable and in a planned row of parking. In no case shall there be more than fifteen (15) parking spaces without an island.

6) All landscaped areas shall have a minimum variety of two (2) living plant materials other than trees.

7) Main entries into parking areas shall have linear landscape islands along their length to define the traffic aisle and shall have no parking spaces accessing the drive directly. These islands shall be a minimum of 10 feet wide.


Section 6.10 Non Residential Buildings A minimum 10-foot wide landscaped area shall be provided along the sides of the building which abut a parking area or driveway serving a parking lot. Where a sidewalk is provided adjacent to a building, a minimum 5 foot wide landscaped area shall be provided between the building and the sidewalk. These required landscaped areas shall, at a minimum, have a foundation planting of shrubs and groundcovers. For buildings with covered walkways, landscaping shall be provided between the covered walking areas and the parking lot. The landscaped area shall be designed to fit the scale of the building, with no less than a 5 foot wide landscaping area separating the building from the parking lot.




Section 6.11 Landscaping of Dumpster Enclosures, Utility and Mechanical Equipment and Signs A) Solid Waste Refuse Facilities

All dumpsters shall be enclosed on three sides with a six foot block enclosure. The block enclosure shall completely screen the dumpster. The fourth side (access) shall be screened with an opaque gate. The three sides of the block enclosure shall be landscaped with hedges to form a 3 foot high continuous hedge within one year after planting.

B) Utility Fixtures, Ventilation Equipment, Mechanical Equipment

Utility fixtures, ventilation equipment, and mechanical equipment shall be screened with walls, plant materials, berms, or a combination of the above.

C) Signs

Ground signs for non-residential areas shall be landscaped at the base with a minimum of 2 square feet of landscape material for every 2 feet of sign face. The irrigation system shall accommodate this landscaping.

Section 6.12 Trees A) Tree Size Development of any kind where a tree is required must plant trees that are at least four (4) inches in diameter. B) Tree Removal Process 1) Permit Required

a) Any person who proposes to cut down, move, remove, or destroy any tree, including those on single family lots, shall first obtain a tree removal permit from the City. Requests for tree removal permits shall be made to the Building Department. Trees that are located on vacant, undeveloped land shall not be removed except as permitted through the development of the site.

b) Any application for a tree removal permit shall include the following:

1. Property owner’s name and day time telephone number. 2. Street address and directions to the site. 3. Type and size of tree proposed to be removed.



4. Purpose for the tree removal. 5. Most recently available boundary survey. 6. General location of the tree on the site. 7. How many trees remain on the lot or parcel.

c) As part of the tree removal permit, mitigation may be required. When determining

whether to permit the tree removal, the following issues will be evaluated:

1. Whether the tree is a species that is exempt from tree protection measures. 2. Whether the tree has hazardous branching structure such as a hollow trunk, low

fork in the trunk, or other. 3. Whether the tree is injured or diseased beyond repair. 4. Whether there are no viable alternatives to locating structures or driveways on the

site. 5. Whether the tree is impacting the foundation of a house or other building or

structure. 6. Whether the tree poses a threat to traffic visibility. 7. Whether the tree is negatively impacting a more desirable tree. 8. Any other issue deemed important by the City.

d) Any trees removed in violation of this Article shall be deemed to be violations of this

Code and subject to all penalty provisions afforded the City. C) Tree Mitigation

1) All trees with a DBH of 20 inches or more shall be replaced at a four to one ratio at the expense of the landowner or developer.

2) All other trees removed shall be replaced inch for inch. For example, if two 12 inch

DBH trees are removed, the developer will be required to replace those trees with trees that add up to 24 inches DBH, cash in the amount of $30 per inch, or a combination of the two. All replacement trees shall be a minimum of 4 inches (4”) DBH.

3) Trees that exist on the site may be moved to another location on the site and those trees

will not be considered as removed. However, if the trees that are moved from one location to another are determined to be dead within six (6) months of their transplanting, the property owner or developer will need to replace them. For developers, transplanted trees will be required to be replaced as a condition of the final infrastructure acceptance, or as a condition of the two year infrastructure maintenance bond. For all other property owners, replacement of trees will be a condition of Code enforcement.

4) As part of the Final Construction Plan approval process, a tree mitigation plan will be

developed to determine how the trees to be removed will be mitigated. The developer



and the City shall agree on what percentage of the trees shall be replaced on site and what percentage, if any, shall be paid to the mitigation fund in lieu of planting trees on site. This tree mitigation plan will be part of the Final Construction Plan approval.

5) Monies from the tree mitigation bank are to be used by the City for purchase, installation,

or replacement of trees, landscaping, and irrigation systems in City parks, public rights-of-way, and public open spaces. These funds may not be used for maintenance purposes.

D) Tree Farms

Trees located on property that is operated as a tree farm shall be exempt from tree replacement requirements upon proof of such operation and continued use of the land as a tree farm. If the landowner is requesting to remove the trees for development of the land, then the property is subject to tree mitigation measures. The City will consider the property’s former use as a tree farm when approving the mitigation plan so as not to place an unfair burden on the property owner.

E) Tree Protection

1) No application for a building permit, land clearing permit, site development permit, subdivision development permit, or grading and filling permit may be issued by the Building Official until the site inspector has visited the site and determined that the tree protection measures are in place in accordance with this article and the approved site or subdivision plans.

2) Before any clearing or grubbing permits are issued by the Building Department, the

developer must schedule a walk through with the site inspector, to ensure that trees which are listed on the plans to be saved, have the required tree protection installed.

3) During construction, to ensure the health and survival of protected trees that are not to be

removed, the developer shall avoid the following types 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 excavation e) Injuries by paving

4) At a minimum, the protective measures described below shall be taken. The measures

shall be planned and undertaken in consultation with the City and shall not be construed as limiting the authority of the City to impose additional requirements as may be necessary to preserve the health of trees in particular circumstances.



a) 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 trees to be saved so as to encompass the entire tree protection zone.

2. No attachment, wires (other than supportive wires), signs, or permits shall be

fastened to any trees to be saved. 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. Required protective barriers and perimeter lines shall remain in place until all

construction activity, except landscaping within the protected area, is complete.

b) Avoiding Injuries Due to Chemical Poisoning

1. No fuel, paint, solvent, oil, thinner, asphalt, cement, 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.

c) Avoiding Injuries Due to Grade Changes

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 eight (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 filed 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.

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.

c. When lowering the grade of the soil surrounding a protective tree, the maximum number of tree roots within the tree protection zone shall be preserved by using any of the following methods:



i. Terracing

The area within the tree protection zone is left at the original grade by terracing.

ii. 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.

iii. 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.

3. Minor Changes in Grade

When the change in the grade is 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.

d) Avoiding Injuries Due to Excavation

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 tunneled beneath the area within the zone. The tunnel shall be offset to one side of the trunk to prevent damage to the main top roots.

e) 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.



5) Penalties

a) Violations of this Article shall constitute a misdemeanor enforceable in accordance with the provisions specified in Article 1-14 of this Code 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 Section, 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 ($100) times the diameter at breast height of the removed specimen.

c) Where trees have been removed or damaged in violation of this Section 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 issued for any development until all applicable

permit and restoration conditions have been met. Section 6.13 Plant Materials A) All plant materials shall conform to the standards for Florida Number 1 or better as described

in the current “Grades and Standards for Nursery Plants,” State of Florida, Department of Agriculture.

1) Trees, other than those required on single family lots, shall meet the following

minimums. The requirements for trees on single family lots are outlined in section 6.5 of this article. Canopy trees shall have a single straight trunk to a minimum of four feet (4’), and a minimum DBH of 2 and one half inches (2.5”) and a minimum height of 10 feet at the time of planting. Understory trees may be single stemmed or multi-stemmed and shall have a minimum DBH of 2 inches and a minimum height of 8 feet at time of planting. The DBH for multi-trunk trees will be calculated by the largest trunk.

2) Shrubs and hedges shall be self-supporting, woody evergreen species normally grown in

this area. All shrubs used in landscaping as screening shall be a minimum of thirty inches (30”) in height at time of planting. All other shrubs shall be a minimum of eighteen inches (18”) at time of planting. Hedges, where required, shall be planted and maintained to form a continuous, unbroken, solid visual screen within a maximum of one (1) year after time of planting.

3) Ground covers include plant materials which normally reach a maximum height of no

more than twelve inches (12”) and may be used in lieu of grass. Ground covers must



present and maintain a finished appearance and reasonably complete coverage within one (1) year after planting.

4) Grass areas shall be planted in a species normally grown as permanent lawns in Central

Florida. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases.

Section 6.14 Maintenance of Plant Materials The owner, or subsequent owners, shall be responsible for the maintenance of all plant materials and hardscape materials as shown on the approved landscape plan. Plant materials shall be maintained in good condition so as to present a healthy, neat, and orderly appearance. Any dead or severely damaged plant materials shall be replaced by the owner or subsequent owners as part of routine maintenance. Failure to maintain plant materials and hardscape materials as shown on the approved landscape plans shall result in a hearing before the Special Master. If the landscape plan is not on file with the City, the SDRC shall make a determination of what had existed prior to the removal or destruction, based on empirical evidence, testimony of observers, photographs if available, and other available information. Where replacement materials differ from the approved landscape plan, an amendment to the plan shall be submitted to the City for review and approval. Irrigation systems shall be maintained in working condition at all times. Such systems may be inspected by the City and, if found to be defective, the property owner shall be given written notice and directed to repair the system within 10 working days of the date of receipt of the notice. Failure to make such repair, or to submit a written interim proposal satisfactory to the City, shall result in a hearing before the Special Master. Section 6.15 Penalties The City shall stop work in any area where the provisions of this section are not followed. In addition, for any protected tree removed without a permit, a fine shall be assessed in an amount equal to one hundred dollars ($100) times the diameter at breast height of the removed specimen. Where trees have been removed or damaged in violation of this Section or permit requirements, remedial actions shall be required to restore the property. A restoration plan shall be submitted to the City for approval and may require tree replacement at a ratio not to exceed four to one. No Certificate of Occupancy shall be issued for any development until all applicable permits, fines, and restoration conditions have been met.



Section 6.16 Approved Landscaping List

Canopy Trees Understory

Trees Aquatic Plants Shrubs Ground Cover Grasses

Bald Cypress American Holly

Arrowhead American Beauty Berry

Aloe Bahia

Laurel Oak * Chickasaw Plum

Arrowroot Cherry Laurel Chinese Juniper

Bermuda

Live Oak Crape Myrtle Bald Cypress Fetterbrush Coontie St. Augustine Longleaf Pine Dahoon Holly Blue Flag Iris Firebush Day Lily Zoysia Red Maple Date Palm Buttonbush Florida Anise Dwarf Yaupon

Holly

Shumard Oak Drake Elm Cinnamon Fern Gallberry English Ivy Slash Pine East Palatka

Holly Duck Potato Indian

Hawthorne Florida Lantana

Southern Magnolia *

Flowering Dogwood

Fragrant White Water Lily

Ligustrum Lirope

Sweet Bay Ligustrum Golden Canna Ligustrum Mondo Grass Sweetgum Loquat Maidencane Native Azaleas Society Garlic Sycamore Sabal/Cabbage

Palm Pckerel Weed Pampas Grass Wandering Jew

Water Oak Savannah Holly

Pond Cypress Pink Muhly Grass

Washington Palm

Sawtooth fern Pittosporum

Wax Myrtle Soft Rush Podocarpus Weeping

Bottlebrush Swamp Hibiscus

Sandanka Viburnum

Winged Elm Saw Palmetto Yaupon Holly Silverthorn Simpson Stopper St. Johns Wort Star Anise Sweet Viburnum *Laurel Oaks and Southern Magnolias are the two approved Street Tree species in the City of Mascotte. Other trees may also be requested as street trees and will be considered on a case by case basis depending on the site conditions. Plants that do not appear on the above table may also be used if they are recommended by one of the following agencies:



1. The St. Johns River Water Management District, specifically as listed in the Waterwise Florida Landscapes publication (available through the St. Johns River Water Management District)

2. The University of Florida, IFAS (Institute of Food and Agricultural Sciences) Extension, or

3. The Florida Department of Environmental Protection, Bureau of Aquatic Plant Management.

Prohibited Plant List Acacia Australian Pine Brazillian Pepper Tree Camphor Castor Bean Chinaberry Chinese Tallow Ear Tree Eucalyptus Hydrilla Monkey Puzzle Punk Tree Rice Paper Plant Silk Oak Taro Water Hyacinth Also prohibited are those plant species prohibited by the Florida Department of Environmental Protection or the Florida Department of Agriculture. Trees on the Prohibited Plant List are exempt from the tree protection requirements of this Article.

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ARTICLE VI LANDSCAPING / BUFFERS / TREES ARTICLE VI LANDSCAPING