§ 21-240. Landscaping and irrigation systems.

(a)

General requirements. Landscaping and irrigation system for work coming under this article shall conform to the provisions of this section.

(1)

Installation of any landscaping and irrigation systems and/or related materials within dedicated or planned public rights-of-way is prohibited without the express approval of the board of county commissioners. This approval shall be based on acceptance and recording of a use agreement and issuance of a right-of-way utilization permit authorizing such installation or construction. Maintenance of any of the aforementioned projects will be the responsibility of the use agreement signatories.

(2)

Instructions for completion and submission of the right-of-way utilization permit application are contained in section 21-196.

(3)

A use agreement form and right-of-way utilization permit application is available from the county engineer and must be submitted for approval prior to any construction or installation of landscaping or irrigation systems.

(4)

Men and equipment maintaining any authorized landscaping or irrigation systems must perform such maintenance work in a manner so as not to create safety hazards or obstruct vision or normal traffic flow. (Reference: Manual on Traffic Control and Safe Practices.)

(5)

If, in the opinion of the county engineer, damages in or adjacent to the right-of-way, are deemed to have been caused by construction of a landscaping or irrigation system, restoration will be the responsibility of the right-of-way utilization permittee during and after construction, and for the length of the required warranty period as expressed in section 21-208.

(b)

Landscaping. Landscaping under this section shall be subject to the following:

(1)

No landscaping, or improvement to existing landscaping shall be authorized, or authorized to be planted or constructed, within the right-of-way, unless a use agreement has been approved and recorded, landscape construction plans approved by the county engineer, and a valid right-of-way utilization permit has been authorized by the board of county commissioners and issued by the county engineer.

(2)

Landscaping in a median island and within one hundred (100) feet of either nose shall be installed at, and maintained at, a maximum height of twenty-four (24) inches above road grade centerline. Normally trees will not be authorized to be installed in medians, unless clear recovery zone and clear sight distance requirements will allow installation without violation thereof.

(3)

A four-foot mowing strip should be maintained between plantings and the curb.

(4)

No rocks, boulders, railroad cross ties, heavy timbers and other obstructions, shall be used within the right-of-way without special and specific written permissions.

(5)

For limited access or divided highways or roads, or undivided highways or roads (four (4) or more lanes) having a minimum design speed of fifty (50) miles per hour, trees shall be a minimum of thirty (30) feet from the edge of the through traveled way or eighteen (18) feet minimum from the edge of an auxiliary lane.

(6)

On divided or undivided county highways or roads, trees will not be authorized to be planted in the clear recovery zone. The minimum width of the clear recovery zone, adjacent to the traveled way, shown in the Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways (Green Book) as published by the Florida Department of Transportation will be required to be maintained.

(7)

Poisonous plants shall not be planted in any planned or dedicated public right-of-way.

(8)

Landscaping planned for either the parkway or median strip will not be authorized if, in the opinion of the county engineer, such installation would possibly create a safety hazard, or sight obstruction. Safety of the public will be the predominant factor in all decisions. The applicant shall demonstrate at the time of the permitting that the sight distance is not impaired to the motoring public in any direction by landscaping and plantings now or in the future at any median opening and/or intersections. The Manual on Uniform Traffic Control Devices and the Florida Manual on Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways shall be used as reference.

(c)

Irrigation systems. Irrigation systems under this section shall be subject to the following:

(1)

No irrigation systems, or appurtenances thereto, shall be placed, or authorized to be placed, within the right-of-way, unless a use agreement has been approved by the board of county commissioners and recorded; irrigation construction plans approved by the county engineer; and a valid right-of-way utilization permit applied for by a county or state licensed contractor, has been authorized by the board of county commissioners and issued by the county engineer.

(2)

Sprinkler heads within the safe recovery area must be of the pop-up type (no stand-ups authorized). Feeder hoses with drip lines may be used. The sprinkler system must be installed in such a manner so that it will not create a traffic or safety hazard.

(3)

Road crossings will be made in accordance with section 21-232 and any deviation from these regulations will result in issuance of a violation notice and possible revocation of the permit.

(4)

Requirements as to required cover of an irrigation system or appurtenances, under the traveled way, may be found in section 21-232.

(5)

Minimum cover, other than under the traveled way, for irrigation systems shall be twelve (12) inches if piping is used, and six (6) inches if a feeder hose with drip line is used.

(6)

No jetting (air, water, etc.) is authorized within any right-of-way in the county.

(7)

Pumps, wells, electrical control devices, and other associated items, relating to irrigation systems, unless specifically approved by the county engineer, will not be installed in the rights-of-way. When approved, all controllers, well heads, and electrical control panels shall be enclosed in a belowgrade concrete vault, with a solid top flush with grade.

(8)

Irrigation systems will not be authorized to be constructed, either in the public rights-of-way, or on private property, that are designed or constructed in such a manner; i.e., for irrigation on parkway strips by directing water flow from sprinkler heads over sidewalks and/or bike paths that have been constructed for and used by the public; so as to create a safety hazard to the public. Unauthorized irrigation systems such as herein described will be subject to legal action and penalty as prescribed by law.

(Right-of-Way Utilization Regs., § XXII)

Cross reference

Landscaping, ch. 24.