ARTICLE IX - RESTRICTIVE COVENANTS

Section 23. Tree Removal and Landscaping.

Except by Declarant, trees measuring six inches (6") or more in diameter at three feet (3') or more above ground level shall not be cut or removed without the prior written consent of the ARB; provided, however, trees located within six feet (6') of the location of the Dwelling as approved by the ARB may be removed without prior approval More restrictive arbor ordinances or environmental laws shall control in the event of conflict herewith. There shall be no removal of trees or Lot cleaning, other than clearing of underbrush, until the ARB has approved in writing a general, conceptual landscape plan that designates those existing trees to be retained and reserved on the <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Lot. All Lots shall have fully sodded front and side lawns except in approved landscape or retained natural areas. All areas of each Lot not covered by building improvements or included within approved gardens and natural areas shall be sodded prior to occupancy of the Dwelling on that Lot. Unless prohibited by law, natural areas shall be finished by removal of underbrush and addition of mulch.

Extensive Landscaping whether done professionally or by the homeowner, requires ARB approval.  Extensive landscaping shall include the removal of 25% or more of the existing landscaping in the front yard or a change in bed size/shape or location.

ARB approval is required for all tree removal, replacement or addition, with the exception being trees that are a hazard to the Dwelling.

ARB approval is not required for the replacement of annuals as long as their replacement does not constitute an extensive landscaping change.

ARB approval is required for the planting of trees or shrubs within the easement.  Some of the factors used when considering the ARB are: tree species, mature width & height and the root system of the selected tree.

Florida Friendly Landscaping

The following criteria will be used to regulate Florida-friendly Landscaping (FFL) to effectuate the better management of the community.  Trails of Seminole HOA supports the use of Florida-friendly landscaping as directed in the 2011 Florida Statutes, Title XXVIII, Chapter 373, Section 185.  Currently Florida Statute 720.3075 explains any restriction limitations. 

“Florida-friendly landscaping” is defined in this section as quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping 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 include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance

An ARB request must be submitted for the implementation of all FFL designs as per the Declaration and ARB Guidelines.  The request must include a FFL Landscaping Plan as documented below in section 1.3.  Failure to obtain the approval of the ARB may constitute a violation of the Trails of Seminole Covenants and may require modification or removal of unauthorized work or improvements at the homeowner's expense.

1.        Architectural Review of Florida-Friendly Landscaping  

1.1.   The Association endorses and wants to facilitate Florida-friendly Landscaping.  As such, the Association is implementing the following criteria with respect thereto. 

1.2.  The Florida-Friendly Landscaping concept of right plant, right place will be used. The Lot Owner will design the landscape so that plants serve a number of functions including, but not limited to, cooling, privacy screening, shade, aesthetics, wildlife habitat, runoff pollution prevention, water conservation and properly directing water flow. 

1.3.  If an owner wishes to implement or plant Florida-friendly Landscaping, the owner must have a landscape plan and design created pursuant to Section 373.185, Florida Statutes and must include the implementation of all 9 FFL Principles.  

1.4.  In accordance with the relevant local government landscaping ordinances and the most current version of the UF/IFAS Florida-Friendly Landscaping Plant Selection Guide, the Lot Owner will select landscape plants suited to the soil and other site characteristics utilized by the Florida-Friendly Landscaping concept.  

1.5.  Additionally, the landscape plan or design should take into account and endeavor to minimize the use of irrigation consistent with the parameters of Section 373.185, Florida Statutes.

The Trails of Seminole ARB will utilize the Florida-Friendly Landscaping™ Program of UF Dept of Environmental Horticulture as the guideline for administering the FFL program.

Ornamentation

The utilization of non-living objects as ornaments in the front or side yard requires approval by the ARB.  Failure to submit your plans for ornaments in the front or side yard to the ARB for approval may result in the ornaments being disapproved if they are judged to be incompatible with the design of the style and design of the Neighborhood, or offensive. Ornament examples, but not limited to: fountains, pink flamingos, statues etc. 

Maintenance of Landscaped Areas

All landscaped areas (to the paved public right of way) shall be maintained in the live, healthy and growing condition, properly watered and trimmed.  Any planting of grass, shrubs or trees, which become dead or badly damaged, shall be replaced with similar, sound, healthy plant materials.

Weeds and Underbrush

No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon the Properties and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. 

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