§ 30-812. Definitions.

The following words, terms and phrases, when used in this division, shall have the following meanings:

Canopy tree means a tall tree that usually has one vertical stem or main trunk that naturally develops a more or less distinct and elevated crown and provides at maturity a minimum shade crown of 30 feet in diameter.

Clear trunk means the point above the root ball along the vertical trunk or trunks of a tree at which lateral branching or fronds begin.

Clearing means the clearing of land, including the removal of more than 500 square feet of vegetation, and includes the trimming of mangroves to the extent allowed by law. Clearing is a development activity as defined by this chapter.

Clearing and grubbing means the clearing of land, including clearing or removal of vegetation, and including any significant disturbances of vegetation or substrate (soil) manipulation. Clearing and grubbing are development activities as defined by this chapter.

Diameter at breast height (dbh) means, for the purposes of this chapter, a tree diameter as measured from the base of the tree, taken at approximately four feet above the surrounding grade.

Ground cover means plant material that normally reaches a maximum height of not more than 18 inches.

Hedge means an evenly spaced planting of shrubs to form a compact, dense, visually opaque living barrier or screen.

Historic tree means a tree that has been determined by the village council to be of notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the village.

Invasive exotic species means plant species that reduce the integrity of native plant community composition and function as identified and categorized on annual basis by the Florida Keys invasive exotics task force (FKIETF). The species include but are not limited to: Australian Pine ( spp. Casuarina ), Brazilian Pepper ( Schinus terebinthifolius ), Latherleaf ( Colubrina asiatica ), Lead Tree ( Leucaena leucocephala ), Oyster Plant ( Rhoeo spathacea, R. discolor, Tradescantia spathacea ) and Melaleuca ( Melaleuca quinquinerva ). Sapodilla ( Manilkara zapota ) shall be excluded from this definition. The list and category of these species shall be included in the Landscape Manual as discussed in this division.

Landscaping material means the following or a combination thereof, such as, but not limited to: grass, ground covers (not including pavers), shrubs, vines, hedges, trees or palms, and other materials such as rocks, pebbles, sand and topsoil expressly used for aesthetic purposes.

Major street means U.S. 1, S.R. 905 and Old Highway for the purposes of this division.

Mulch means an organic material such as wood chips, pine straw or bark placed on the soil to reduce evaporation, prevent erosion, control weeds, enrich the soil and lower soil temperature.

Natural area means an area identified on an approved site plan containing natural vegetation, which will remain undisturbed when the property is fully developed.

Nuisance tree means any tree that is causing damage to structures or that poses a threat to health and safety of a property owner.

Prohibited landscape activity.

(1)

Prohibited landscape activity means:

a.

Improper pruning that reduces the height or spread of a tree that has not attained a height or spread of 30 feet, by altering the dominant stem within the tree crown to such a degree as to remove the natural canopy of the tree; or

b.

Improper pruning that leaves stubs, or splitting of limb ends; or

c.

Peeling, stripping or channeling of bark; or the removal of bark to the extent that, if a line is drawn at any height around the circumference of the tree, over one-third of the length of the line falls on portions of the tree where bark no longer remains; or

d.

Using climbing spikes, nails or hooks, except for purposes of total tree removal or as specifically permitted by American National Standards Institute (ANSI A-300) as the same may be amended from time to time; or

e.

Destroying the natural habit of growth which causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species, or is a danger to the public or property; or

f.

Improper pruning that results in flat-cutting the top or sides of a tree, to sever the leader or leaders or to prune a tree by stubbing off mature wood, except where removal of a branch is necessary to protect public safety.

(2)

Exceptions:

a.

The removal of diseased or dead portions of a tree (such as palm fronds) or the removal of interfering, obstructing or weak branches shall not constitute a prohibited landscape activity under this section.

b.

Trimming necessary to prevent interference with or obstruction of streetlights, stop signs or traffic signals, if accomplished by the standards of the American National Standards Institute (ANSI A-300).

c.

Pruning or removal that has received a development permit.

d.

Removal of invasive exotic species pursuant to the requirements of section 30-822.

Prune means the removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the American National Standards Institute (ANSI A-300) standards as incorporated herein, and as may be amended from time to time.

Regionally important plant species means those native plant species identified as endemic, uncommon, or rare either in the village's regionally important plant species list maintained by the department of planning and development services or as identified by the Center for Plant Conservation, the Florida Natural Areas Inventory, or the Florida Committee on Rare and Endangered Plants and Animals.

Root ball means the root system of a tree or plant bound with burlap into an earthen ball usually for transport purposes.

Shade tree, for the purposes of this division, means a native canopy tree, usually with one vertical stem or main trunk which naturally develops a more or less distinct and elevated crown and provides at maturity a minimum shade crown of 30 feet in diameter. A list of shade trees shall be compiled by the planning and development services department.

Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over ten feet in height at its maturity.

Specimen tree means any tree with a diameter at breast height that is 75 percent of the record tree of the same species for the state.

Threatened and endangered plant species means plant species listed as such under the provisions of the Endangered Species Act, 16 USC 1531 et seq., F.S. § 581.185, or the Florida Endangered and Threatened Species Act, F.S. § 372.072.

Topsoil means a medium composed of naturally occurring mineral particles and organic matter that provides physical, chemical and biological properties necessary for plant growth.

Tree means any living, self-supporting woody perennial plant which at maturity attains a trunk diameter of at least three inches or more when measured at a point 4½ feet above ground level and which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many branches.

Understory tree means a tree or palm that normally attains an overall height between ten to 25 feet at maturity, which provides the mid-level landscaping within the specified height range.

(Ord. No. 02-12, § 1(5.5.2), 1-24-2002)

Cross reference

Definitions generally, § 1-2.