4.06.01 - Generally

A.

Purpose and Intent.

1.

Landscape Code. The purpose and intent of the landscape code is to:

a.

Promote the health, safety, and welfare of residents of Collier County by establishing minimum uniform standards for the installation and maintenance of landscaping;

b.

Improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment;

c.

Promote preservation and planting of native plants and plant communities;

d.

Provide physical and psychological benefits to persons through landscaping by reducing noise and glare;

e.

Screen and buffer the harsher visual aspects of urban development;

f.

Improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate;

g.

Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and

h.

Promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation system through xeriscape.

2.

Buffering and Screening. The purpose and intent of establishing landscape buffering and screening is to:

a.

Reduce the potential incompatibility of adjacent land uses;

b.

Conserve natural resources and maintain open space;

c.

Protect established residential neighborhoods, and enhance community identity;

d.

Improve the aesthetic appearance of commercial, industrial, and residential developments through the requirement of minimum landscaping in ways that harmonize the natural and built environment;

e.

Promote preservation and planting of native plants and plant communities;

f.

Provide physical and psychological benefits to persons through landscaping by reducing noise and glare;

g.

Screen and buffer the harsher visual aspects of urban development;

h.

Improve environmental quality by reducing and reversing air, noise, heat, and chemical pollution through the preservation of canopy trees and the creation of shade and microclimate;

i.

Reduce heat gain in or on buildings or paved areas through the filtering capacity of trees and vegetation; and

j.

Promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation systems through xeriscape.

k.

In order to minimize negative effects between adjacent land uses, this section promotes the use of landscape buffers and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. Buffering refers to a strip of land separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip.

B.

Effect of the Collier County Streetscape Master Plan. "Collier County Streetscape Master Plan", "Construction Standards Handbook for Work Within the Public rights-of-way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." street corridors identified in Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan," the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the right-of-way and on required buffers adjacent to the right-of-way, shall adhere to the requirements of these documents.

Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the requirements of Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan", the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequent development order including construction plans attendant to the approval of a final plat and/or a final site development plan. Where the application of said Master Plan standards and requirements is questioned, an official interpretation of the County Manager or his designee pursuant to section 1.06.01 of the Collier County Land development Code may be requested. Further, the interpretation of the County Manager or his designee may be appealed to the board of zoning appeals as prescribed by section 10.02.02 of the Land development Code.

C.

Relationship to Subdivision Regulations

1.

Plantings, trees, and grass. All rights-of-way and easements for streets, avenues, roads, drives, and the like shall be planted with trees, grass or other suitable vegetation on both sides in accordance with the specifications, limitations, procedures, types and intervals set forth in the appropriate county regulations and requirements, including but not limited to this section 4.06.00 and the right-of-way Construction Handbook, Collier County Ordinance No. 82-91, as amended [superseded by ordinance found in Code ch. 110, art. II]. All unpaved areas within rights-of-way shall be stabilized by seed or sodding of cultivated grass species suitable to the area. The sodding of a one-foot-wide strip along the back of curb or edge of pavement shall be mandatory for all roadway construction. The flow line of all swale sections approved for use by the County Manager or his designee shall also be sodded as required for erosion control.

2.

Streets and access improvements.

a.

All existing and future public and private rights-of-way that are designed parallel to each other or to the boundary of a subdivision or development, with no building lots separating them from other rights-of-way or the project boundary, shall be separated by a landscape buffer, pursuant to this section 4.06.00. The buffer area in these cases shall be separately designated on the final subdivision plat as a tract or easement and shall be dedicated on the final subdivision plat cover sheet to the appropriate property owners' association or like entity for operation, maintenance and upkeep purposes.

D.

Landscaping with Sight Design Triangles.

1.

Safe sight distance triangles at intersection and access points. (Refer to Figure 4.06.01 D., Sight Distance Triangles). Where a driveway/access way intersects a right-of-way or when a property abuts the intersection of two or more rights-of-way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space.

Where an accessway enters a right-of-way, two safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right-of-way line. The third side of the triangle shall be a line connecting the ends of the other 2 sides.

Figure 4.06.01 D - Sight Distance Triangles

Where a property abuts the intersection of two rights-of-way, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right-of-way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other 2 sides.

The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of subdivision or development approval or when applicable.

E.

Landscaping Plans Required.

1.

Landscape summary. A landscape summary in matrix form which shall include:

a.

Graphic symbol to indicate each type of plant material.

b.

Botanical name.

c.

Common name.

d.

Total number of each type of plant material.

e.

Height and spread of each type of plant material.

f.

Spacing of each type of plant material.

2.

Illustrative information. Illustrative information consisting of the following shall be accurately depicted on the landscape plan:

a.

The location, configuration and arrangement of all proposed buildings, internal streets and parking areas as reflected on the site plan.

b.

The location and dimensions of all proposed landscaped areas with appropriate graphic symbols including existing trees that are being credited toward the development's landscaping requirements.

c.

Location and configuration of all special or textured paving areas.

d.

Provisions for site irrigation.

e.

Any additional relevant information as may be required by the planning services director.

3.

The landscape architect must inspect and certify that all open space area, landscaping and the irrigation system are in substantial compliance with the landscape and irrigation plans approved as part of the development order. Insubstantial changes to an approved landscape plan shall be approved through the insubstantial change process.

(Ord. No. 05-27, § 3.T; Ord. No. 10-23, § 3.Y)

4.06.02 - Buffer Requirements

A.

Applicability of buffer requirements. The buffering and screening shown in table 2.4 below shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period of 60 consecutive days or more and a request for an occupational license to resume business is made.

Subdivisions or developments shall be buffered for the protection of property owners from surrounding land uses as required pursuant to this section 4.06.00. buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. buffers shall be installed during construction as follows and in accordance with this section 4.06.00:

1.

To separate residential developments from commercial, community use, industrial and public use developments and adjacent expressways, arterials and railroad rights-of-way, except where such expressway, arterial, or railroad right-of-way abuts a golf course.

2.

To separate commercial, community use, industrial and public use developments from residential developments.

3.

To separate subdivisions of residential property that do not result in the submittal of a site development plan pursuant to the provisions of section 10.02.03 from other residential properties.

Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of this section 4.06.00. Such buffer strip(s) shall be shown and designated on the final plat as a tract of easement and shall not be located within any public or private right-of-way. The ability to locate buffer(s) within a platted or recorded easement shall be determined pursuant to the provisions of this section 4.06.00. buffers adjacent to protected/preserve areas shall conform to the requirements established by the agency requiring such buffer.

Landscape buffers, when required by this Code, this section 4.06.00, or other county regulation shall be in addition to the required right-of-way width and shall be designated as a separate buffer tract or easement on the final subdivision plat. The minimum buffer width shall be in conformance with this section 4.06.00. In no case shall the required buffer be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owner's association or other similar entity and shall be so dedicated on the final subdivision plat.

B.

Methods of determining buffers. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer.

Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section.

Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an easement for buffering and landscaping.

The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 4.06.05 G. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses.

Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code.

C.

Table of buffer yards.

Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4.

1.

Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center.

2.

Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting.

3.

Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass.

4.

Alternative D: 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. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. (See Figure 4.06.02 C.)

Figure 4.06.02 C.

a.

Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development.

b.

A continuous 3 gallon double row hedge spaced 3 feet on center of at least 24 inches in height at the time of planting and attaining a minimum of 3 feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 4.06.05 C.4.

c.

Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous 3 gallon single row hedge a minimum of 24 inches in height spaced 3 feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. 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.

d.

The remaining area of the required landscape buffer must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas.

Table 2.4 Table of Buffer Requirements by Land Use Classifications

¹ Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal.

²Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum 5-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.

³ Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 15 feet wide with each adjacent property contributing 7.5 feet. This does not apply to right-of-way buffers.

e.

The letter listed under "Adjacent Properties Zoning District and/or Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply.

f.

Refer to section 5.05.05 for automobile service station landscape requirements.

5.

Business Parks. A 25-foot wide landscape buffer shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination.

6.

Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors.

D.

Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section.

Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria:

1.

Water management systems must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer.

2.

Water management systems must not exceed, at any location within the required side, rear, or front yard landscape buffer, 70 percent of the required buffer width. A minimum 5-foot wide 10:1 level planting area shall be maintained where trees and hedges are required.

3.

Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria:

a.

Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade.

b.

For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers. A level planting area of at least three feet in width must be provided in these buffers.

4.

Sidewalks and other impervious areas must not occupy any part of a required Alternative A, B, C, or D type buffer, except when:

a.

Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel.

b.

Parallel meandering sidewalks occupy the buffer and its width is increased by the equivalent sidewalk width.

c.

A required 15-20 foot wide buffer is reduced to a minimum of ten feet wide and is increased by the five to ten foot equivalent width elsewhere along that buffer.

(Ord. No. 04-72, § 3.N; Ord. No. 06-07, § 3.K; Ord. No. 06-63, § 3.Z; Ord. No. 07-67, § 3.K)

4.06.03 - Landscaping Requirements for Vehicular Use Areas and Rights-of-Way

A.

Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling unit, public utility ancillary system, and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application on this division and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply.

B.

Standards for landscaping in Vehicular Use Areas.

1.

Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area onsite shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans.

2.

All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping.

3.

All rows of parking spaces shall be bordered on each end by curbed landscape islands as shown in Figure 4.06.03 B - Terminal Landscape Islands. Each terminal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Type D or Type F curb per current FDOT Design Standards is required around all landscape islands. A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above.

4.

Interior landscaping areas shall be provided within the interior of all vehicular use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures.

5.

Required landscape islands and perimeter planting beds shall be graded to provide positive drainage. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positive drainage.

6.

Interior landscaping areas shall meet the requirements of sections 4.06.05 G. and 4.06.05 J. Alternative designs may be approved that achieve equivalent results subject to approval by the County Manager or his designee.

7.

Vehicular overhang of landscape areas. See section 4.05.04, Exhibit A.

8.

Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and landscaping credits will be allowed as governed by table 4.06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls.

9.

Landscaping required for section 5.05.08 buildings over 20,000 square feet.

The following requirements will be counted toward the required greenspace and open space requirements of this Chapter of this Code.

a.

Trees in vehicular use areas must be a minimum of 14 to 16 feet height with a six- to eight-foot spread and a three- to four-inch caliper and must have a clear trunk area to a height of six feet.

b.

The first row of landscape islands located closest to the building front and sides must be landscaped with trees, palms, shrubs and groundcovers and must have a clear trunk area to a height of seven feet.

C.

Landscaping standards for rights-of-way and median strips

1.

Median strips. Median strips which are part of the publicly dedicated or deeded right-of-way shall not be utilized for any purpose other than by the county or a public utility. When an applicant desires to beautify a public median strip in a subdivision he may do so in accordance with the guidelines established in this section 4.06.00 of this Code to allow placing of grass, shrubs and trees in general within the median strip under a right-of-way permit after submission and approval of landscaping plans. Selection of landscaping within the public or private median shall be based on accepted traffic safety standards and the prevention of interference with maintenance requirements of utilities within a median. Upon completion of the median improvements, the landscaping shall be maintained by a property owners' association, a condominium association, cooperative association, or other like or similar entity.

2.

Subdivision or land development entranceways. Subdivision or development entranceways consisting of habitable or unhabitable structures, walls, fences, gates, rock piles or the like are not permitted within the median strip of a publicly dedicated right-of-way. Decorative entranceways may be constructed upon property adjacent to a right-of-way in compliance with this Code and shall be placed so as to not interfere with any cross-corner or stopping sight distance or constitute a traffic hazard. Any improvements within private rights-of-way shall not be placed over any underground improvements without the prior written consent of the intended owner of the improvements. Upon completion of the entranceway, all improvements shall be maintained by the property owners' association, condominium association, cooperative association, or other similar entity.

(Ord. No. 04-72, § 3.O; Ord. No. 05-27, § 3.U; Ord. No. 08-63, § 3.P)

4.06.04 - Trees and Vegetation Protection

A.

Vegetation Removal and Site Filling:

1.

Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.02. The Vegetation Removal Permit process is governed by section 3.05.05

a.

Permitted removal of vegetation or site filling with an approved Vegetation Removal and Site Filling Permit (VRSFP), Site Development Plans (SDP) or Plat and Construction Plans (PPL).

i.

For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation.

ii.

To allow for safety during tree removal, if a developer owns contiguous single family lots, the trees on the single family lots directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation.

iii.

A developer will be permitted to clear up to 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place when the following information has been submitted and approved with the SDP or PPL. Fill dirt may be imported on to the site if there is no excess lake material generated on site. Imported fill dirt may be used towards the lot preparation of not more than 50 acres, per section 4.06.04.A.1.a.iii.c.

a)

Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans. Clearing of individual lots or blocks of lots may be approved.

i)

The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1.

ii)

The type of vegetation to be removed must be shown on the drawing.

iii)

The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area.

b)

Site Development Plans (SDPs) and Site Improvement Plans (SIPs):

i)

Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SDP or SIP site clearing plans.

ii)

Residential SDPs: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved.

iii)

Preliminary Clearing and Excavation Permits (PCEP): Once the environmental review is complete and approved, the applicant may submit for a PCEP to allow for early clearing, excavation, and earthwork as per the work limits that are shown on the applicant's site plan. All requirements of section 3.05.05.C.1. must be met.

iv)

The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1.

v)

The type of vegetation to be removed must be shown on the drawing.

vi)

The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area.

c)

A portion of the 100 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior.

iv.

No VRSFP will be issued without first submitting copies of all required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site.

v.

When a VRSFP authorizing up to 100-acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional 100-acres to use excess lake material may be applied for with a new VRSFP application.

vi.

A VRSFP will be issued to authorize greater than 100 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics.

vii.

Revegetation: For VRSFPs within subdivisions, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted.

a)

When fill is used to bring building lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation.

b)

All fill areas for lots or stockpiles must have erosion control silt fencing.

c)

Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre, per day.

d)

In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid-story and groundcover.

2.

BCC Approved Vegetation Removal and Site Filling Permit Procedures. An applicant can seek approval by the Board of County Commissioners for a Board approved Vegetation Removal and Site Filling Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be granted a Board Approved VRSFP, the applicant must demonstrate to the Board, through a Schedule of Development Activities, that the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. All criteria in 4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply to the BCC approved permit.

B.

Credit for Tree Preservation. Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 4.06.04 B.1. Fractional measurements shall be attributed to the next lowest category.

Table 4.06.04 B.1. Calculation of Tree Preservation Credits

*Credited against equivalent required tree only.

1.

Trees excluded from preservation credit. No credit shall be given for preserved trees which:

a.

Are not located within the areas of the property for which trees are required by the Code;

b.

Are located in required natural preservation areas indicated on an approved master land use plan, site development plan or plat;

c.

Are required to be preserved by federal, state or local law, such as mangroves;

d.

Are not properly protected from damage during the construction process, as provided in section 4.06.05 C.10;

e.

Are prohibited species identified in section 4.06.05 C.8;

f.

Are dead, dying, diseased, or infested with harmful insects;

g.

Are located in recreation tracts, golf courses or similar subareas within planned developments which are not intended to be developed for residential, commercial or industrial use (unless abutting said use, and the required buffer width is dedicated on the plat as a landscape buffer easement); or

h.

Are not located within the boundaries of the parcel.

(Ord. No. 04-54, § 4; Ord. No. 04-72, § 3.P; Ord. No. 05-27, § 3.V)

4.06.05 - General Landscaping Requirements

A.

Landscaping requirements for residential development.

Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling unit, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E.1. Trees shall meet the requirements of section 4.06.05 C.2. Existing residential development that does not meet the minimum landscaping requirements of this Code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property.

1.

Residential developments. One canopy tree per 3,000 square feet of pervious open space per lot. Lakes and wet detention areas shall not be counted towards this requirement. The maximum number required: 15 trees per lot.

a.

Where a single-family development has a street tree program and lots of less than 3,000 square feet of pervious open space, street trees located directly in front of the lot may be substituted to meet these requirements. A Street Tree Plan shall be submitted to the County Manager or his designee for review and approval and Right-of-Way permits, if required shall be obtained from the County Manager or his designee.

2.

Multifamily developments. One canopy tree per 2,000 square feet of pervious site area excluding preserves. This is in addition to other requirements.

B.

Landscaping requirements for industrial and commercial development.

1.

Industrial and commercial developments. One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per lot, whichever is greater.

2.

Communication towers. An 8-foot high, 100 percent architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors. The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25 feet on center and a 3-foot high hedge planted 3-feet on center.

a.

If native vegetation is present within the parcel, a minimum 20 foot wide buffer strip must be preserved and used toward meeting the tree and hedge planting requirement.

b.

If native vegetation is present, but not dense enough to meet the equivalent of the tree and hedge requirements, it must be supplemented with plantings to meet the tree and hedge requirements.

c.

On sites where no native vegetation is present, a 15 foot wide landscape buffer with minimum code size trees located 25 feet on center and a 3 foot high hedge planted 3 feet on center must be planted.

At the discretion of the county landscape architect, some or all of these landscape buffering requirements may be displaced to a right-of-way landscape buffer located within the parcel when it better serves the public interest of screening the communication tower.

3.

Littoral shelf planting area (LSPA). All developments that create lake areas shall provide a littoral shelf planting area in accordance with section 3.05.10

4.

Public utility ancillary system landscaping requirements. Screening and buffering requirements are to be limited to the area surrounding the public utility ancillary system. Ancillary systems that are physically located on a water or wastewater treatment property are not required to be individually fenced and landscaped. Existing, previously permitted public utility ancillary systems are not required to meet the landscaping requirements of this section if an SDPI application is required for modifications. A public utility ancillary system requiring an SDPA will need to meet the landscaping requirements of Section 4.06.00. Canopy trees as described in section 4.06.05 B.1., will not be required. Projections visible above the fence or wall shall be screened from view by sabal palms with a minimum clear trunk height of 8 to 12 feet. Palms may be replaced or supplemented with native trees to enhance screening. Each palm shall be planted 10 feet on center around the perimeter of the fence or wall. Surrounding fences or walls must have, at a minimum, ten-gallon shrubs, 5 feet tall at the time of planting, placed 4 feet on center along the exterior perimeter of the surrounding fence or wall. Public utility ancillary systems enclosed in buildings without perimeter fences or walls must have, at a minimum, 2 rows of three-gallon shrubs, 2 feet tall at the time of planting, placed 3 feet on center and offset between rows. In all cases, mature vegetation must provide an 80 percent sight-obscuring screen equal to 75 percent of the height of the fence or wall, as applicable.

a.

Native plant materials shall be used, to the maximum extent practicable, to meet the screening and buffering requirements of this sub-section and the chosen plant materials shall be consistent with the existing native vegetation found on or near the public utility ancillary system site, with the following exceptions:

i.

for any disturbed area required to construct a public utility ancillary system that is equal to or greater than 15 feet from the edge of a building or other structure, the disturbed area may be planted with a drought resistant sod such as Bahia; or

ii.

for any disturbed area required to construct a public utility ancillary system that is less than 15 feet from the edge of a well house or other structure, the disturbed area may be covered with a sufficient depth of ground cover such as organic mulch, shell, or similar pervious material.

Table 4.06.05 C. Building Foundation Planting Requirements

C.

Building foundation plantings. All commercial buildings, residential buildings with 3 or more units, and retail and office uses in industrial buildings shall provide building foundation plantings in the amount set forth in table 4.06.05.C. and illustration 4.06.05.C. These planting areas shall be located adjacent to building entrance(s), primary facades, and/or along facades facing a street.

1.

Retail and office buildings shall have foundation plantings on at least 3 building facades. Plantings shall occur along at least 30 percent of each these facade lengths.

2.

Minimum planting area width for trees and palms shall be 8 feet.

3.

Building foundation plantings shall be covered with shrub, ground cover, raised planter boxes, and ornamental grass plantings, except as provided in item 10. below.

4.

Sidewalks may occur between the building and foundation planting areas. Sidewalks may also occur between foundation planting areas and planted islands that meet criterion 7. below.

5.

A maximum of 50 percent of the required foundation planting may be located in perimeter buffers.

6.

Water management areas shall not occur in foundation planting areas.

7.

Parking lot islands shall not be used to meet building foundation planting area requirements, except for islands contiguous to foundation planting areas that exceed minimum width requirements.

8.

Buildings with overhead doors and/or open vehicular use areas along building perimeters that are visible from any road, access, or residence shall provide a Type B landscape buffer or approved equivalent along the entire perimeter opposite these features. The required foundation plantings for these buildings shall be reduced by 20 percent.

9.

All projects may use the following alternatives to meet the requirements of table 4.06.05 C.:

a.

Turf grass may be used for up to 30 percent of the building foundation planting area when required tree heights are increased by 2 feet.

b.

Decorative paving areas incorporating courtyards, walkways, water features, plazas, covered seating and outdoor eating spaces may be used to meet up to 20 percent of the required building foundation planting area.

c.

Vine planted arbors, wall planters, and trellis structures may be used to meet up to 15 percent of the required building foundation planting area.

Illustration 4.06.05.C

Building Foundation Calculation Formulas

Buildings under 10,000 square feet.

Total of all facades (A+B+C+D) X .25 X 10' = Total square feet of foundation plantings required.

Buildings over 10,000 square feet and under 50 feet zoned height.

Total of all facades (A+B+C+D) X .45 X 15' = Total square feet of foundation plantings required.

Buildings 50 feet or greater zoned height.

Total of all facades (A+B+C+D) X .55 X 20' = Total square feet of foundation plantings required.

D.

Plant Material Standards.

1.

Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards.

a.

For sites South and West of US-41 all required landscaping shall be 100% native species as determined by accepted valid scientific reference. For sites South and West of I-75 and North and East of US-41, a minimum of 75% native trees and 50% Native shrubs are required. For sites North and East of I-75, a minimum of 75% native trees and 35% native shrubs are required. (Link to "Recommended Collier County Native Plant list" and "Native Required Planting Map").

b.

In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IFAS). Reference used in the native determination of native species may include, but not be limited to:

Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida.

Small, J.K., 1933. A Manual of the Southeastern Flora.

Wunderlin, R.P., 1982. Guide to the Vascular Plants of Central Florida.

c.

Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference.

Figure 4.06.05 D.

2.

Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1¾-inch caliper (at 12 inches above the ground) and a four-foot spread.

a.

A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees may be substituted by palms (or palm equivalent) within the interior of a vehicular use area and within each individual Type D road right-of-way landscape buffer. Palms must have a minimum of 10 feet of clear trunk at planting.

b.

All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater.

3.

Tree species mix. When more than ten trees are required to be planted to meet the requirements of this Code, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted are indicated below.

4.

Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum height as specified in Section 4.06.02.C. except where visibility at street and driveway intersections is required and where pedestrian access is provided. Shrubs and hedges shall screen the adjacent pavement surface or developed property required to be buffered and/or screened. Hedges, where required, shall be maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting.

5.

Ground covers. Ground cover shall be installed in a manner which presents a finished appearance and complete coverage. Stone, gravel, or any artificial ground cover shall not be utilized for more than 20 percent of the landscaped area. Use of native ground covers is encouraged.

6.

Organic mulch requirements. A two-inch minimum layer after watering-in of organic mulch shall be placed and maintained around all newly installed trees, shrubs, and ground cover plantings. Each tree shall have a ring of organic mulch no less than 12 inches beyond its trunk in all directions. No more than 25 percent by volume of the mulch used on a site may be cypress mulch.

7.

Lawn grass. Grassed lawn areas shall be planted with turf grass species normally grown for use as permanent lawns in Collier County. Lawns shall be planted using turf grass sod, plugs, sprigs, or seed installation methods. All water management areas and slopes steeper than 6:1 (6 horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged. Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area.

8.

Site-specific plant material. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. The County Manager or his designee shall review and approve land plans based on the following criteria. Required plants used in the landscape design shall be:

a.

Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance).

b.

Have noninvasive growth habits.

c.

Encourage low maintenance.

d.

Be otherwise consistent with the intent of this section.

9.

Non code trees. The following plant species may be planted but shall not count towards required code trees:

a.

Eucalyptus spp. (eucalyptus).

b.

Grevillea robusta (silk oak).

10.

Control species. The following plant species shall not be planted within 500 feet of conservation easements and retained natural vegetation areas:

a.

Broussonetia papyrifera (paper mulberry).

b.

Wedelia trilobata (wedelia).

11.

Reserved.

12.

For a description of plants utilized for mitigation, please see Section 10.02.06 E.3.c.

E.

Existing Plant Communities. Existing plant communities and ecosystems shall be maintained in a natural state and shall not be required to be irrigated. Native plant areas that are supplements to an existing plant community or newly installed by the applicant shall be irrigated on a temporary basis only during the period of establishment from a temporary irrigation system, water truck, or by hand watering with a hose.

1.

Existing plant material. In meeting the requirements of landscaping, the planning services director may permit the use of healthy native plant material existing on-site. In so doing, the planning services director may adjust the application of the standards of these regulations to allow credit for such existing plant material, provided, he may not permit the reduction of required percentages of a landscaped area or reduction in numbers of trees or shrubs required, unless otherwise allowed pursuant to section 4.06.05 E. Removal of vegetation is subject to the vegetation removal, protection, and preservation section (contained in this section).

2.

All new development shall retain existing native vegetation to the maximum extent possible. Existing native vegetation shall be retained unless stormwater management design, necessary grade changes, required infrastructure or approved construction footprints necessitate its removal. The need to remove existing vegetation shall be demonstrated by the applicant as a part of the site/construction plan review process. Areas of retained vegetation shall be preserved in their entirety with all trees, understory, and ground covers left intact and undisturbed provided that prohibited exotic plant materials as defined herein are to be removed.

3.

During construction, all reasonable steps necessary to prevent the destruction or damaging of existing vegetation shall be taken. No excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the dripline of any vegetation that is required to be preserved, or that will be credited towards the required landscaping.

4.

Protective barriers shall be installed and maintained beyond the dripline of all retained vegetation unless site improvements prohibit installation of barriers beyond the dripline, and shall remain in place for the duration of the construction process phase.

F.

Prohibited Plant Materials.

1.

Prohibited species. The following plant species shall not be planted:

a.

All Category I Invasive Exotics as listed on the Florida Exotic Pest Plant Council's website: [www.fleppc.org] This list is routinely monitored and updated by the FLEPPC. Plus the following species:

b.

Melia azedarach (Chinaberry tree).

c.

Dalbergia sissoo (Indian rosewood).

2.

Prohibited exotic species. In addition to the prohibitions outlined in section 4.06.05 E. above, the species enumerated in section 3.05.08 or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county.

3.

Prohibited exotic plants. All prohibited exotic plants, as defined in this Chapter as well as Chapter 3, shall be removed during each phase of construction from development areas, open space areas, and preserve areas pursuant to this Chapter as well as Chapter 3. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by prohibited exotic species. This plan shall describe control techniques and inspection intervals, shall be filed with, and be approved by, the development services director prior to approval of the improvement plans and final subdivision plat. Flexibility, in the form of area tradeoffs or mitigation, may be allowed in the determination of areas within developments to be preserved.

4.

Native habitats. Developments shall identify, protect, conserve, incorporate and use native vegetative communities pursuant to Chapter 3 and identify, protect and conserve wildlife habitat.

G.

Requirements to remove prohibited plant materials. For these requirements, see section 3.05.08 of this Code.

H.

Installation and selection requirements for plant materials

1.

Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material.

2.

Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, sidewalks, buildings, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildings.

a.

An approved root barrier system shall be installed when the following occurs:

i.

Large canopy trees are planted closer than 15;ft; to a building.

ii.

Large canopy trees are planted closer than 10;ft; to a sidewalk, underground utility or paved area with no curbing or curbing which extends less than 18;inch; below grade (see Figure 4.06.05 H.A. below).

Figure 4.06.05 H.A.

b.

Tree and parking lot/pole lighting locations shall be designed so as not to conflict with one another.

i.

Parking lot/pole lighting shall not be located in landscape islands with trees.

ii.

Parking lot/pole lighting shall be located a minimum of 12.5 feet from the trunk of a tree (see Figure 4.06.05 H.B. below)

Figure 4.06.05 H.B.

3.

Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement.

4.

All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation.

5.

All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with Chapter 10 governing the final platting of subdivision.

6.

All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code.

7.

In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the County Manager or his designee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy.

I.

Location requirements for signage adjacent to landscape buffer.

1.

Signage located within/adjacent to landscape buffer area. All trees and shrubs located within landscape buffer shall be located so as not to block the view of signage as shown in Figure 4.06.05 H. below, Signage adjacent to landscape buffer. Sign locations shall be shown on the landscape plan and 100 square feet of landscaping shall be provided as required by section 5.06.01

Figure 4.06.05 I.1. - Signage adjacent to landscape buffer

J.

Treatment of slopes: The following landscape and engineering standards shall apply to all landscape areas except for Golf Courses. See: Slope Table 4.06.05.J., and Slope Cross Sections 4.06.05.J.

Slope Table 4.06.05 J.

a.

Slopes adjacent to required preserve areas shall be planted with 100% Florida native species, shall provide swales to direct water flow away from preserves, and meet setbacks as required by section 3.05.07.H.3. of this Code.

b.

Perimeter water management walls shall not exceed 3 feet in height and shall be setback from property lines a minimum of 2 feet. In addition when water management walls are located in landscape buffers the walls shall be consistent with section 4.06.02.D of this Code. All water management walls shall be landscaped to provide 80% opacity within 1 year. See Figure 4 below.

c.

Water management areas with continuous vertical walls exceeding 20 feet in length and/or open vaults are prohibited.

d.

Vertical retaining wall requirements and standards do not apply to headwalls or bridge abutments.

e.

Architectural finish requires color, texture, and materials that are in common with those used on surrounding structures. Exposed concrete walls are prohibited. Natural appearance requires color, texture, and materials that mimic or occur in nature.

K.

Maintenance of landscaping.

1.

Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 " of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts).

2.

Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance. These shall include, but not be limited to the following:

a.

Prosecution before the Collier County Code Enforcement Board;

b.

Prosecution by the State Attorney's Office as provided by Florida Statutes;

c.

Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county;

d.

Placing a lien on the property, to include all administrative, legal, material and installation costs.

L.

Irrigation system requirements.

1.

Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as-needed basis only.

Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to-head coverage unless specified by the manufacturer. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There are no operational requirements for irrigation systems utilizing effluent.

All new residential, commercial, and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this section. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section.

M.

Post-installation landscape certificate of compliance.

All projects which require the submission of landscape plans by a registered Landscape Architect must be inspected and certified that the landscaping and irrigation systems meet or exceed the landscape and irrigation plans approved by the County as part of the development order review process. Proof of certification shall be provided on a form approved by the County Manager or his designee and must be submitted to the Engineering Services Department Director prior to the request for County inspection. This regulation applies to projects submitted after June 16, 2005.

N.

Water management areas.

1.

Natural and manmade bodies of water including retention areas for all developments subject to section 5.05.08 and 3.05.10

a.

Configuration of water management areas. The shape of a manmade body of water, including retention and detention areas, must be designed to appear natural with curvilinear edges. See "Body of Water Shapes" Figure Y in subsection 4.06.02 D. An alternative design may be approved as a part of the design of the building, if the design of the water management area is related to the architectural design of the building.

b.

Water management areas within the front yards. Narrow and steep water management areas are prohibited within the front yards that lie between the primary facades of a building and a public and private street. These narrow and steep water management areas are defined as 12 feet or less in width with maximum slope of 4:1.

c.

Required amenities. The following standards apply to detention and retention areas exceeding 12 feet in width. All bodies of water, including retention areas exceeding 20,000 square feet, and which are located adjacent to a public right-of-way, must incorporate into overall design of the project at least 2 of the following items:

i.

A walkway 5 feet wide and a minimum of 200 feet long, with trees of an average of 50 feet on center and with shaded benches, a minimum of 6 feet in length or picnic tables with one located every 150 feet.

ii.

Fountains.

iii.

Partially shaded plaza/courtyard, a minimum of 200 square feet in area, with benches and/or picnic tables abutting the water-body, or retention areas.

(Ord. No. 04-72, § 3.Q; Ord. No. 05-27, § 3.W; Ord. No. 06-07, § 3.L; Ord. No. 06-63, § 3.AA; Ord. No. 07-67, § 3.L; Ord. No. 08-63, § 3.Q; Ord. No. 09-43, § 3.A; Ord. No. 10-23, § 3.Z)

4.06.06 - Special Buffer Requirements For The TTRVC Zoning District

A.

Required buffers. Visual screens are required in the following areas:

1.

TTRVC parks fronting on a highway shall provide and maintain a clear area not less than 20 feet in width alongside and parallel to the highway. There shall be an additional landscaped area of five feet inside the entire length of the clear area. The landscape plan for this area will be determined at time of submission of a site development plan pursuant to Chapter 10. The entire clear area and landscape area may be combined to achieve a visual screen between the public road and the TTRVC park.

2.

TTRVC parks abutting lands zoned other than for such parks shall be screened from such land by a buffer strip at least 15 feet wide, in which ornamental screening composed of structural or plant material shall be placed. Such screen shall be maintained at all times and constructed in accordance with the landscape provisions of section 4.06.00