Agenda Item # 12.h.
City Commission Regular Meeting - 5:05 pm
- Meeting Date:
- 04/01/2024
- Re
- Landscape Maintenance - Code Amendment
- Submitted For:
- Kev Freeman
SUBJECT:
Legislative Hearing - Ordinance 24-007 - Amending the Code of Ordinances of the City of Fort Pierce at Chapter 123 - Vegetation, Section 123-6 - Required Bond, to remove the requirement for a Landscape Bond and to require the approval of a Landscape Maintenance Agreement; and to amend section 123-7, - Enforcement, to require an annual landscape inspection. FIRST READING.
SUMMARY:
This is a proposed amendment to remove the requirement for the property owner to provide security through a Landscape Bond to ensure that all approved landscaping is installed and maintained after approval.
The existing process places additional costs on property owners. The City, through code enforcement provisions, can inspect and require that all approved landscaping is maintained, protected, and replaced as required.
It is therefore proposed to remove the requirement for a Landscape Bond and replace the requirement with a Landscape Maintenance Agreement. The Landscape Maintenance Agreement shall be attached to the approved Landscape Plan and shall note that all approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-37, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements:
a. Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article.
b. Maintenance shall include sufficient weeding, watering, fertilizing, pruning, mowing, edging, mulching and other horticultural practices to ensure that the landscaping continues to maintain a healthy, neat, and orderly appearance.
The Landscape Maintenance Agreement for required landscaping shall be approved by the Planning Department prior to issuance of a certificate of occupancy (CO).
The Planning Department will undertake annual inspections of major landscaping installations on an annual basis.
The existing process places additional costs on property owners. The City, through code enforcement provisions, can inspect and require that all approved landscaping is maintained, protected, and replaced as required.
It is therefore proposed to remove the requirement for a Landscape Bond and replace the requirement with a Landscape Maintenance Agreement. The Landscape Maintenance Agreement shall be attached to the approved Landscape Plan and shall note that all approved landscaping shall be installed, irrigated, and maintained in perpetuity in accordance with section 123-37, in order that it continues to present a healthy, neat, and orderly appearance free of refuse and debris, in conformity with the following requirements:
a. Vegetation required by this article shall be replaced with equivalent or better vegetation if it is not living. All trees for which credit is awarded and which subsequently die shall be replaced by the same or greater number of living trees according to the standards established in this article.
b. Maintenance shall include sufficient weeding, watering, fertilizing, pruning, mowing, edging, mulching and other horticultural practices to ensure that the landscaping continues to maintain a healthy, neat, and orderly appearance.
The Landscape Maintenance Agreement for required landscaping shall be approved by the Planning Department prior to issuance of a certificate of occupancy (CO).
The Planning Department will undertake annual inspections of major landscaping installations on an annual basis.
RECOMMENDATION:
Staff recommend APPROVAL of the proposed amendment to the City Code of Ordinances at Sec. 123-6.
ALTERNATIVES:
Recommend approval with modification.
or
Recommend disapproval.
RESPONSIBLE STAFF:
Kev Freeman, Planning Director.
COORDINATED WITH:
Technical Review Committee (September 21, 2023).
City Attorney.
City Attorney.
Fiscal Impact
- Budgeted Y/N:
- N
- Fiscal Year:
- 2024
OTHER INFORMATION:
No impact
Attachments
- Staff Report
- Draft Ordinance
- Public Notification Certification
- City Attorney Memo
- Planning Board Minutes (DRAFT)
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| City Manager | Nick Mimms | 03/20/2024 02:56 PM |
- Form Started By:
- Kev Freeman
- Started On:
- 03/20/2024 11:08 AM
- Final Approval Date:
- 03/20/2024