§ 39-76. Definitions.  


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  • In addition to the definitions set forth under Article II, Section 39-4 of this chapter, the following definitions shall apply when used in this article:

    Accessway: A private vehicular roadway intersecting a public right-of-way.

    Application or Apply: The actual physical deposit of fertilizer to turf or landscape plants.

    Applicator: Any person who applies fertilizer on turf or landscape plants in Broward County.

    Arboriculture, practice and science: The practice of arboriculture includes cultural techniques such as selection, planting, training, fertilization, pest and pathogen control, pruning, shaping, removal, cultivation, and management of individual trees, shrubs, vines, and other perennial woody plants. The science of arboriculture studies how these plants grow and respond to cultural practices and to their environment.

    Arborist, certified: An individual trained in the art and science of planting, care, and maintenance of trees. Arborists are knowledgeable about the needs of trees and are trained and equipped to provide proper care. A Certified Arborist has obtained a minimum required level of experience in the professional tree care industry and has passed a comprehensive examination covering all facets of arboriculture.

    Berm: Earthen mounding created by grading the terrain on a project site.

    Best Management Practices (BMP): Turf and landscape practices or a combination of those practices which, based on research, field-testing, expert review, and economic and technological considerations, are determined to be the most effective and practicable on-location means for improving water quality, conserving water supplies, and protecting natural resources. The principles of Florida-Friendly Landscaping TM Best Management Practices are explained in detail in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, as published by the Florida Department of Environmental Protection.

    Bioretention: An engineered process to manage stormwater runoff using the chemical, biological, or physical properties found in natural, terrestrial-based communities of plants, microbes, and soils.

    Buffer area: An area or areas located on nonresidential property that extends the full length of the property lines abutting residential property.

    Caliper, tree: The measurement of the diameter of a tree's trunk. For trees with a Diameter at Breast Height (DBH) of less than four (4) inches, tree caliper is taken at six (6) inches above the grade or crown of the root flair. A tree caliper is taken at twelve (12) inches above the grade or crown of the root flair for trees with a DBH of four (4) inches or more.

    Canopy: The upper portion of a tree consisting of limbs, branches, and leaves. Canopy trees are large trees that have a canopy sufficient to form a shade cover over the ground, creating a shaded and cool environment, as in a forest.

    Clear trunk: The distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.

    Clear wood (Greywood): The portion of the palm trunk that is mature, measured from the top of the root ball to the base of green terminal growth or fronds.

    Clear zones: The areas extending out from the perimeter security fence or wall for the Air Operations Area at the Fort Lauderdale-Hollywood International Airport. (See Section 39-77(b)(9).)

    Commercial fertilizer applicator: Any person who applies fertilizer on turf or landscape plants in exchange for money, goods, services, or other valuable consideration.

    Complete Street: A street where the entire right-of-way is planned, designed, and operated for all modes of transportation and all users, regardless of age or ability, as defined by the National Complete Streets Coalition (NCSC). Pedestrians, bicyclists, transit riders, and motorists of all ages and abilities must be able to safely move along and across a Complete Street.

    County: Broward County or the department or division of Broward County government that the County Administrator has designated to enforce this article.

    CPTED (Crime Prevention Through Environmental Design): The proper design and effective use of the built environment so as to reduce the fear and incidence of crime, and to improve the quality of life.

    Diameter at Breast Height (DBH): The diameter of the tree trunk(s), measured at four and one-half (4½) feet above grade.

    Dripline: The natural outside end of the branches of a tree or shrub, projected vertically to the ground.

    Ecological community: Any one (1) of the native vegetative plant communities as same may be determined pursuant to Chapter 5, Article XII, Section 5-279 5-281, et seq., of the Broward County Code of Ordinances.

    EPGMD: The Broward County Environmental Protection and Growth Management Department or its successor agency.

    Fertilize, fertilizing, or fertilization: The act of applying fertilizer (plant nutrients) to turf, specialized turf, or landscape plants.

    Fertilizer: Any substance or mixture of substances, except pesticide/fertilizer mixtures such as "weed and feed" products, that contains one (1) or more recognized plant nutrients and promotes plant growth, controls soil acidity or alkalinity, provides for soil enrichment, or provides other corrective measures to the soil.

    Florida-Friendly Landscaping TM : Quality landscapes that conserve water, protect the environment, are appropriate for local conditions, and are drought, wind, or salt tolerant. The principles of Florida-Friendly Landscaping TM include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida-Friendly Landscaping TM include planning and design, soil analysis, use of solid waste compost, practical use of turf, and proper maintenance. The principles of Florida-Friendly Landscaping TM are explained in detail in the most recent edition of The Florida-Friendly Landscaping Guide to Plant Selection & Landscape Design, published by the University of Florida IFAS Extension and the Florida Department of Environmental Protection.

    Foundation planting: A group of plants in a landscaped bed placed at the base of a building structure and used to blend the building with its setting.

    Functional landscape: The combination of living and nonliving materials that, when installed or planted, creates an ongoing system providing aesthetic and environmental enhancement to a particular site and surrounding area.

    Green infrastructure: See Sustainable Sites.

    Groundcover: Low growing plants, other than turf, used to cover the soil and form a continuous, low mass of foliage.

    Hardscape: Areas such as patios, decks, driveways, paths, and sidewalks that do not require irrigation.

    Heat island; heat island effect: The term "heat island" describes built or paved areas that are hotter than nearby rural areas due to human activities. The term "heat island effect" refers to an effect heat islands can have on communities by affecting water quality and increasing summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas emissions, and heat-related illness and mortality.

    Hedge: A row of evenly spaced shrubs or other vegetation planted to form a dense, continuous, unbroken visual screen.

    Hydrozone: A distinct grouping of plants with similar water needs and climatic and microclimatic requirements. Also referred to as water use zone.

    Infiltration rate: The rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour).

    Institutional fertilizer applicator: Any person, other than a noncommercial or commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites, and any residential properties maintained in condominium, common ownership, or common management.

    Interior landscape area: A landscape area located within a vehicular use area (VUA) that is within the perimeter of a site. An interior landscape area may or may not be attached to the perimeter landscape or buffer area.

    Irrigation system: A constructed watering system designed to transport and distribute water to plants.

    Irrigation zone: A grouping of soakers, sprinkler heads, bubblers, or microirrigation emitters operated simultaneously by the control of one (1) valve.

    Landscape: Any combination of living plants (such as grass, groundcover, shrubs, vines, hedges, palms, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

    Landscape design: Consultation for and preparation of planting plans drawn for money, goods, services, or other valuable consideration, including specifications and installation details for plants, soil amendments, mulch, edging, gravel, and other similar materials. Such plans may include only recommendations for the conceptual placement of tangible objects for landscape design projects. Construction documents, details, and specifications for placement of tangible objects and irrigation systems shall be designed, approved, or, if necessary, sealed by licensed professionals as required by Section 481.303(7), Florida Statutes.

    Landscape layout plan: Plans and drawings showing the location of buildings, structures, underground and overhead utilities, pedestrian transportation, or environmental systems, and the detail for placement of site amenities, accessibility components, plantings, and other tangible objects. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes.

    Landscape plans: Landscape plans may include all or some of the following: a planting plan, a landscape layout plan, an irrigation plan, a grading and drainage plan, detail sheets, and written specifications. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes. (See also Planting Plans.)

    Landscape plant: Any native or exotic tree, palm, shrub, vine, hedge, or groundcover (excluding turf).

    Landscaped area: The entire parcel less the building footprint, hardscapes, and nonporous areas. Water features are included in the calculation of the landscaped area.

    Microirrigation: The application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts, including drip, subsurface, bubbler, and spray irrigation that deliver water directly to plant root zones with a high degree of efficiency, no runoff, and little to no evaporation.

    Mulch: Nonliving, organic materials customarily used in landscaping to retard erosion, retain moisture, and control weeds.

    Native vegetation: Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida as identified in the Guide to the Vascular Plants of Florida, 3 rd Edition, Richard P. Wunderlin & Bruce F. Hanson, 2011, University Press of Florida, Gainesville, or the Atlas of Florida Vascular Plants, Institute for Systematic Botany (http://www.florida.plantatlas.usf.edu). For the purpose of this article, native vegetation shall consist of those plant species indigenous to the ecological communities of South Florida, as indicated on lists kept on file by the EPGMD.

    NatureScape: Local County landscape program that promotes Florida-Friendly Landscaping TM principles and Best Management Practices, the incorporation of at least fifty percent (50%) native vegetation, the creation of wildlife habitats, and the planting and propagation of native, noninvasive, and drought-tolerant plants.

    Noncommercial fertilizer applicator: Any natural person who applies fertilizer on turf or landscape plants on his or her own private, residential property, or that of another when not done in exchange for money, goods, services, or other valuable consideration.

    Nonvehicular open space or open space: The total square footage of a parcel of land after all impervious areas are subtracted, such as the square footage area of any building footprint, walls, walks, swimming pools, and VUA, and including the pervious areas of VUA required landscaping and perimeter landscape buffer area.

    Palms: Plants belonging to the monocot order of the family Palmae, distinguished by having unbranched single or multiple trunks crowned by large, compound pinnate, or palmate leaves or fronds.

    Parking area: The area on a parcel or property designated for the temporary parking of vehicles. Parking areas shall be either:

    (1)

    Interior parking spaces that are not contiguous to, nor directly abutting, the site perimeter or street; or

    (2)

    Perimeter parking spaces that are contiguous to and on the street such that vehicles must enter or back into the street in order to leave the parcel or property.

    Parking island or landscape island: A nonpaved area within the paved area of parking lots that provides landscaping, particularly trees, to reduce the heat island effect and to provide areas for infiltration of water into the ground aquifer to alleviate stormwater runoff.

    Perimeter: The boundary or property line separating one (1) parcel of land from another or from a right-of-way.

    Perimeter landscape area: The landscape area both within the buffer area, as defined herein, and directly abutting the paved perimeter of a VUA.

    Pervious area: That noncompacted land located at grade that allows the passage of air and water to the subsurface and used or set aside for landscaping.

    Pervious paving materials: A porous asphaltic, concrete, or other surface having a high-void aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff delivered to, paved surfaces.

    Plant bed: A grouping of trees, shrubs, groundcover, perennials, or annuals growing together in a defined area devoid of turf, normally using mulch around the plants.

    Plant communities: An association of native plants that are dominated by one (1) or more prominent species or a characteristic physical attribute and forming a distinct habitat.

    Planting plan: Specifications and installation details for plants, soil amendments, mulch, edging, gravel, staking materials, and other similar materials. (See also landscape plan.)

    Planting soil: A soil medium, which is a mix composed of fertile organics and other soil mediums, including solid waste compost, that is used to augment, enhance, and improve the native soils to maximize vitality of plant vegetation.

    Point of Connection (POC): The location where an irrigation system is connected to a water supply.

    Potable water; general industry; agriculture:

    (1)

    General industry: Water that meets the quality standards prescribed in the U.S. Public Health Service Drinking Water Standards, published in 42 CFR Part 721, or water that is approved for drinking purposes by the State or local authority having jurisdiction. (See 29 CFR § 1910.141(a)(2).)

    (2)

    Agriculture: Water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141. (See 29 CFR § 1928.110.)

    Pressure tank: A pressurized holding tank for irrigation water coming from wells to minimize cycling of the water pump.

    Reclaimed (reuse) water: Recycled wastewater that has been highly treated, filtered, and disinfected for the irrigation of landscape areas. Reclaimed (reuse) water is delivered to customers through a local reuse water distribution system, completely separate from the potable or drinking water system.

    Runoff: The water that results from and occurs following a rain event, or following an irrigation event, because the water is not absorbed by the soil or landscape and flows off from the area.

    Shrub: A woody plant with multiple stems produced from the base and which normally grows to an overall height of less than ten (10) feet in Southeast Florida.

    Site appropriate plant: A plant that, after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial inputs or supplements such as irrigation.

    Sod or lawn: Grass or turf-covered soil held together by the roots of the grass or turf.

    Soil moisture sensor: A soil-based device that assesses the available plant soil moisture in order to minimize the unnecessary use of water and optimize the effectiveness of an irrigation system.

    Street tree: A tree which is located within the right-of-way of a street, road, or pavement, as determined by the County or FDOT.

    Subject plot, parcel, or property: The site for which a development permit is being sought pursuant to the requirements of the Code.

    Sustainable: Capable of continuing long-term without depleting natural resources or being harmful to the environment or people.

    Sustainable Sites; Green Infrastructure: Sites that have received certification from either the Leadership in Energy and Environmental Design (LEED) or The Sustainable Sites Initiative (SITES®).

    (1)

    LEED: The Sustainable Sites (SS) within the LEED category rewards decisions about the environment surrounding the building with credits that emphasize the vital relationships among buildings, ecosystems, and ecosystem services. It focuses on restoring project site elements, integrating the site with local and regional ecosystems, and preserving the biodiversity that are relied upon by the natural systems.

    (2)

    SITES ®: The Sustainable Sites Initiative (SITES®) is a program based on the understanding that land is a crucial component of the built environment and can be planned, designed, developed, and maintained to protect and enhance the benefits we derive from healthy functioning landscapes.

    Swale: A low-lying or shallow trough-like depression that carries water, mainly during rainstorms, and that provides flood control and onsite water quality mitigation through removal of pollutants and nutrients associated with runoff.

    Tree: Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant that has a DBH of no less than three (3) inches at maturity and that normally grows to an overall height of no less than ten (10) feet in Southeast Florida.

    Topsoil: Existing soil that can be separated from the top surface of the ground, retaining the original organics native to the soil at the location from which it was separated. Unlike "planting soil" which is usually mixed with sand, compost, manure, and a number of other ingredients, topsoil has no specific or specified ingredients and can be scraped from weedy fields or other natural spaces.

    Tree Preservation Code: Chapter 27, Article XIV, of the Broward County Code of Ordinances.

    Turf or turfgrass: A mat layer of moncotyledonous plants such as, but not limited to, Bahia, Bermuda, Centipede, Seaside Paspalum, St. Augustine, and Zoysia and their cultivars.

    Valve: A device used to control the flow of water in an irrigation zone.

    Vegetation: Angiosperms, gymnosperms, ferns, mosses, or other living plant material.

    Vehicular use areas or VUAs: Areas used for the display or parking of any type of vehicle, board, or construction equipment, whether self-propelled or not, and all land upon which such vehicles traverse.

    Vine: Any plant with a long, slender stem that trails or creeps on the ground or climbs by winding or attaching itself on a support structure such as walls, poles, or trees.

(Ord. No. 2017-15 , § 3, 5-23-17)