§ 656.1222. Buffer requirements for residential subdivisions.

(a)

Tree survey required. A tree survey of the site which shows all protected trees 11.5 inches DBH or greater shall be provided. The tree survey shall be prepared by a licensed registered surveyor, landscape architect, or arborist, however other professionals such as a wetland scientist or environmental professional may also submit a tree survey. Where the applicant believes that no protected trees 11.5 inches DBH or greater exist on the site, he may submit a "No Tree Verification" Affidavit stating that no protected trees 11.5 inches DBH or greater exist on the site, together with the required permit fee. If the affidavit is substantiated by an inspection of the site, a "No Tree Verification" Authorization shall be issued. If it is determined upon inspection that a tree or trees requiring a permit are found on the property, the permit fee shall be quadrupled.

(b)

Buffer required. An average 20-foot natural buffer area is required along all perimeters of the site adjacent to any public or approved private right-of-way. The buffer area shall run the entire length of the right-of-way, shall not be less than 15 feet wide, and shall be subject to the standards of the Land Development Procedures Manual. The Chief may approve a buffer strip of less than 15 feet in instances when there is a unique hardship or circumstances that do not provide for any other practical alternative. Notwithstanding this subsection, the buffer area shall not exceed ten percent of the actual developable acreage of the site.

(c)

Additional buffer standards along rights-of-way classified as collector or higher. In addition to the requirements in subsection (b), if property abuts a right-of-way classified as a collector or higher on the City of Jacksonville Functional Highway Classification Map, then additional screening shall be provided as provided in this subsection (c).

(1)

Type of screening . Screening may be a berm, brick wall, landscaping, masonry wall, natural buffer, ornamental metal fencing, stucco wall, vinyl fencing, or other composite material subject to all provisions of this subsection. A combination of these screening types is permitted. If wood fencing is used, it shall be located at the inside edge of the buffer required by subsection (b).

(2)

Minimum Standards . Conservation areas, amenity areas, and aesthetically designed stormwater retention areas may not be subject to the minimum standards of this subsection, and transparency in these areas shall be subject to review and approval by the Planning and Development Department. For all other areas, the following minimum standards shall apply without exception:

(i)

Height. Screening shall be a minimum of six feet in height and height shall be measured from the design grade adjacent to the screening.

(ii)

Location and setback. Required landscaping and tree planting shall always be located on the right-of-way side of any wall or fence. Screening requirements within the buffer other than landscaping, shall be set back between 10 feet and 20 feet from the right-of-way Screening shall be at least four feet from any sidewalk.

(iii)

Opacity. Screening shall be 85 percent opaque, unless otherwise permitted by definition.

(iv)

Relief. Fence or wall screening shall contain one relief every 100 feet, as the term relief is defined in subsection (3). Exceptions for relief along a wall or fence shall not be deducted from meeting the average 20-foot required setback.

(3)

Definitions. For the purposes of this Section, the following definitions and limitations apply:

(i)

Berm means a mound or embankment of earth and subject to subsection (2).

(ii)

Brick means a molded rectangular block of clay baked by the sun or in a kiln until hard and used as a building and paving material and subject to subsection (2).

(iii)

Composite material means any combination of soft material like polyethylene, hard plastic like polypropylene, and hard wood, which is combined to produce a durable, long-lasting end product, subject to subsection (2).

(iv)

Landscaping means planting materials including, but not limited to, trees, shrubs, ground covers, grass, flowers, and other similar materials, all subject to subsection (2). If landscaping is used without any other screening options, then the plants used for landscaping shall be sized at least five gallon, evergreen, and spaced so that 85 percent opacity and the height requirement in subsection (2) is achieved within two years.

(v)

Masonry means stone, concrete, or other similar material other than brick and subject to subsection (2).

(vi)

Natural Buffer means an area set aside for the preservation of natural vegetation and subject to subsection (2). This term does not preclude the clearing of understory/secondary vegetation. Trees that are three inches DBH or more are considered protected trees within a natural buffer. Any tree removed from a natural buffer shall be mitigated for within the natural buffer. Replacement trees mitigated for within a natural buffer shall be at least three inches DBH and shall not count towards meeting other tree planting requirements as described in 656.1222(e) or individual planting requirements on a residential lot.

(vii)

Ornamental metal means a screening made of various weather resistant iron, metal, or similar materials. Ornamental metal may be less than 85 percent opaque subject to review by the Department.

(viii)

Relief means a projection or recess of at least 24 inches from the screening plane to provide visual differentiation along the plane. Landscaping may not be used to meet the relief requirement. Projections may be located within the required buffer and do not add additional feet to any buffer requirement.

(ix)

Stucco means a durable finish made from cement, sand, and lime or other similar materials and may be placed over a commercial grade foam core or other similar material and subject to subsection (2).

(x)

Vinyl fencing means any screening made of any of various tough plastics and subject to subsection (2).

(d)

Platting, maintenance, and open space credit. The buffer area and any additional screening shall be recorded on the plat and may be part of a lot or a separate tract. If part of a lot, the buffer area and any additional screening shall be maintained by the lot owner. If part of a separate tract, the buffer area and any additional screening shall be maintained by the homeowners' association in perpetuity. If the buffer area and additional screening is recorded as a separate tract on the plat then the site shall receive the equivalent area as a credit towards meeting recreation and open space requirements, not to exceed 25% of the required recreation and open space requirement.

(e)

Removal of trees in required buffer. Trees within the required buffer area may be removed, subject to the permit requirements of Section 656.1206, Ordinance Code. Trees mitigated within the buffer shall be replaced within the buffer. At least one tree, a minimum of four inches DBH, shall be planted or preserved every 40 feet on center along perimeters of the site which are adjacent to roadways. If trees cannot be planted every 40 feet because of conditions including, but not limited to, drainage easements, the Chief may approve an alternative visual screen, consistent with subsection (c) regardless of the classification of the abutting right-of-way.

(f)

Improvements permitted in buffer . No new structures, impervious surfaces, unpaved vehicular use areas or other improvements shall be constructed within the designated buffer area other than fences, gates, mailboxes, necessary driveways, necessary sidewalks, and permitted signs.

(Ord. 1999-775-E, § 4; Ord. 2006-23-E, § 1; Ord. 2008-910-E, § 1)