(a)

Intent and purpose. The purpose and intent of this article is to provide regulation for the installation and maintenance of landscaping and landscaped open space. Trees and plants are integral and vital parts of the earth's ecosystem: they conserve energy; they provide essential and desirable benefits to man, including the production of life supporting oxygen, the reduction of carbon dioxide, the filtering of dust and gaseous pollutants; they serve as a natural abatement to noise pollution; they camouflage unsightly views; they provide shelter to birds and wildlife; they enhance the value of property; they preserve open space; and they maintain and improve the aesthetic quality of the City of Aventura, thereby promoting the health and general welfare of its citizenry. In addition, it is the policy of the City Commission that every effort shall be made to preserve and maintain viable vegetation within the City of Aventura. The City encourages the Florida Yards and Neighborhoods Program "Florida-Friendly" Landscaping principles of (1) choosing low-maintenance plants that are able to tolerate short periods without rainfall that have few pest and disease problems and (2) planting the right tree or plant in the right place to avoid problems such as clogged sewers, cracked sidewalks and power service interruptions.

(b)

Applicability. The provisions contained herein shall be applicable to all projects comprising new construction or substantial additions and alterations, except as set forth in subsection (c) under administrative waiver. Also, if landscape in excess of 50 percent of total site landscaping requires replacement, the entire property shall be brought up to current landscape standards and requirements. This provision regarding existing development shall be applicable to the greatest extent reasonably possible as determined by the City Manager or designee. This chapter establishes minimum standards and shall apply to all public and private development when a building permit is required.

(c)

Administrative waiver. Where the requirements of this article relate to the improvement or the expansion of an existing vehicular use area or the changing or expansion of an existing use or structure and where any certain requirements are considered by the Community Development Director to be either impossible or impractical to comply with unless portions of existing structures are removed or by substantially reducing the number of required parking spaces, the administrative relief from such requirement may be granted by the Community Development Director, provided that the intent and purpose of this chapter is not compromised.

(d)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

ANSI A300 Standards: Industry-developed standards of practice for tree care. Acronym for American National Standards Institute.

Artificial turf: a surface of synthetic fibers made to look like natural grass and emulate the texture and feel of natural grass

Automatic irrigation system: An irrigation system with a programmable controller including a rain sensor.

Buffer/perimeter landscape: An area of land which is set aside along a perimeter of a parcel of land in which landscaping is required to provide a visual barrier or aesthetic transition between different land uses or to provide a landscape area between the public right-of-way and the off-street parking area and to eliminate or reduce the adverse environmental impact, or incompatible land use impact.

City: City of Aventura, Florida.

Clear wood: A measurement from the soil line to the highest point on the trunk free of persistent leaf bases. On palms with a crownshaft, the measure will be from the soil line to the base of the crownshaft.

Clearance pruning: Pruning required to avoid damage or danger related to structures, power distribution and property, as defined in the current ANSI A300 Standards.

Controlled plant species: Pruning required to avoid damage or danger related to structures, power distribution and property, as defined in the current ANSI A300 Standards.

Diameter at breast height ("DBH") shall mean the diameter of a tree's trunk measured at a height four and one-half feet above natural grade. In the case of multiple-trunk trees, the DBH shall mean the sum of each trunk's diameter measured at a height of four and one-half feet above natural grade.

Director: The Director of Community Development of Aventura, Florida, or designee.

Drip line: An imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground.

Dumpster: A refuse container of one cubic yard or larger.

Emitters: Devices which are used to control the discharge of irrigation water from lateral pipes.

Florida Friendly Landscaping: Practices, materials or actions developed by the Florida Yards and Neighborhood Program that help to preserve Florida's natural resources and protect the environment.

Florida Yards and Neighborhood Program: Is a partnership of the University of Florida/Institute of Food and Agricultural Sciences, Florida's water management districts, the Florida Department of Environmental Protection, the National Estuary Program, the Florida Sea Grant College Program and other agencies, managed locally by the Miami-Dade Cooperative Extension Division of the Consumer Services Department.

Ground cover: Plant material which is a dense, extensive growth of low-growing plants, other than turfgrass, normally reaching a maximum height of not more than 24 inches at maturity.

Hatracking: To flat cut the top of a tree, severing the leader or leaders; or pruning a tree by stubbing off mature wood larger than three inches in diameter; or reducing the tree's living canopy by more than one-third except where removal of branches is necessary to protect property and public safety.

Heat island: An unnaturally high temperature microclimaie resulting from radiation from unshaded impervious surfaces.

Hazard pruning: The removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the National Arborist Association standards as incorporated herein.

Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs or trees or any combination thereof.

Hydrozone: A zone in which plant material with similar water needs are grouped together.

Irrigation detail: A graphic representation depicting the materials to be used and dimensions to be met in the installation of the irrigation system.

Irrigation plan: A plan drawn at the same scale as the landscape plan, indicating location and specification of irrigation system components and other relevant information as required by this chapter.

Irrigation system: A system of pipes or other conduits designed to transport and distribute water to keep plants in a healthy and vigorous condition.

Landscape feature: Trellis, arbor, fountain, pond, garden sculpture, garden lighting, decking, patio, decorative paving, gazebo, and other similar elements.

Landscaping material: Any of the following or combination thereof such as, but not limited to: Grass, ground cover, artificial turf in areas permitted by this Section, shrubs, vines, hedges, trees, palms and non-living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials.

Landscape Manual: The Miami-Dade County Landscape Manual adopted under Chapter 18A of the Code of Miami-Dade County, which is to be used as a guide with this section.

Landscape plan: A plan indicating all landscape areas, stormwater retention/detention areas, areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend, landscape features, planting specifications, all landscape calculations, the size and zoning of the subject parcel, the length of all abutting and interior roadways, a north arrow, the scale of the plan, the percentage of native species for all trees and shrubs, graphic depictions of the minimum standards for planting and bracing for all trees, palms, and shrubs, view triangles where required, and all other relevant information as required by this article.

Lawn area: An area planted with lawn grasses or artificial turf in areas permitted by this section.

Moisture and rain sensor switch: Devices which have the ability to switch off an automatic irrigation controller after receiving a predetermined amount of rainfall or moisture content in the soil.

Mulch: Non-living organic materials customarily used in landscape design to retard weed infestation, erosion, and retain moisture and for use in planting areas.

Native plant species: Plant species with a geographic distribution indigenous to all or part of Dade County. Plants which are described as being native to Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela and "The Biology of Trees Native to Tropical Florida" by P.B. Tomlinson, are native plant species within the meaning of this definition. Plant species which have been introduced into Dade County by man are not native plant species.

Natural or conservation area: An area, as identified in the city's comprehensive plan, designated on the site plan containing natural vegetation, which will remain undisturbed when property is fully developed.

Palms: Members of the Palmae family which are monocots characterized by palmae or pinnate fronds attached to a trunk with a single growing point on each trunk. Palms may be single or multiple trunk.

Planting detail: A graphic representation of the plant installation depicting the materials to be used and dimensions to be met in the placement of plants and other landscape materials.

Prohibited plant species: Those plants listed in the Miami-Dade County Landscape Manual which are demonstrably detrimental to native plants, native wildlife, ecosystems or human health, safety, and welfare.

Protective barrier: A temporary fence or other structure built to restrict passage into an area surrounding a tree for the purpose of preventing any disturbance to the roots, trunk or branches of the tree or trees.

Retention area: An area designed and used for the temporary or permanent storage of stormwater runoff, which may be either dry or wet retention as defined below:

(1)

Dry retention is an area which is designed for temporary storage of stormwater runoff and which is one foot above the ground water level as established by the Water Control District and has a maximum slope of 4:1.

(2)

Wet retention is an area which is designed for the permanent storage of water and is at least one-half acre in size, with an average width of not less than 100 feet and a minimum depth of eight feet below ground water level as established by the Water Control District, with maximum slope 4:1 extending down to a point five feet below the low water line.

Setback and yard areas: The front, side and rear areas or yards as established and required under these LDRs and within the zoning district requirements applicable thereto.

Shrub: A self-supporting woody perennial plant, usually with several permanent stems, normally growing to a height of 36 inches or greater, characterized by multiple stems and branches continuous from the base.

Specimen tree: A tree with any individual trunk which has a DBH of 18 inches or greater, but not including the following:

(1)

All trees listed in Section 24-49(4)(f) of the Code of Miami-Dade County;

(2)

Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangos, avocados, or species of citrus;

(3)

Non-native species of the genus Ficus, and

(4)

All multi-trunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix reclinata which have a minimum overall height of 15 feet.

Tree: Any self-supporting woody perennial plant which, at maturity, attains a trunk diameter of at least four inches when measured at a point 4½ feet above ground level and which normally attains an overall height of at least 25 feet, usually with one main stem or trunk and many branches.

Tree abuse: Tree abuse shall include:

(1)

Damage inflicted upon any part of a tree, including the root system, by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction, excavation, chemical application of spillage, or change to the natural grade.

(2)

Hatracking.

(3)

Girdling or bark removal of more than one-third of the tree diameter.

(4)

Tears and splitting of limb ends or peeling and striping of bark resulting from improper pruning techniques not in accordance with the current National Association Standards.

Tree canopy: The aerial extent of the branches and foliage of a tree.

Vegetation survey: A drawing provided at the same scale as the landscape plan which includes relevant information as required by this article.

Vehicular use area: A hard surface area designed or used for off-street parking and/or an area used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles.

Vines: Plants with flexible stems which normally require support to reach mature form.

Visual screen: A physical obstruction used to separate two areas or uses which are at least 75 percent opaque. Visual screens shall be living plant material, of natural or manmade construction material or any combination thereof.

(e)

Landscape plan required. Prior to the issuance of a building permit or site plan approval, a landscape plan shall be submitted to and approved by the Director of the Community Development Department.

All landscape plans must be signed and sealed by a State of Florida Registered Landscape Architect. The use of Florida-Friendly Landscape principles in the development of this plan is strongly encouraged. No building permit or site plan approval shall be issued unless such landscape plan complies with the provisions herein.

Landscape plans shall be provided as part of the submission for site plan approval and shall:

(1)

Be drawn to scale not less than 1"=20' and include property boundaries, north arrow, graphic scale, and date.

(2)

Include a vegetation survey, including an aerial photograph which outlines the subject site, provided at the same scale as the landscape plan.

(3)

Delineate existing and proposed structures, parking spaces, accessways and other vehicular use areas, sidewalks, utilities, easements, height and voltage of power lines on the property or adjacent property.

(4)

Indicate the common and scientific name and quantity of plants to be installed using "Landscape Legend" code format as prescribed by the Director of Community Development.

(5)

Identify all landscape features and non-living landscape materials.

(6)

Show all areas of vegetation required to be preserved by law, including but not limited to trees, specimen trees, native plant species, Natural Forest Communities, native habitats and wetlands.

(7)

Illustrate any geologic, historic and archeological features to be preserved.

(8)

Depict stormwater retention/detention areas and areas excluded from maximum permitted lawn area.

(9)

Document zoning district, net lot area, required open space, and maximum permitted lawn area.

(10)

Complete "Owner's or Preparer's Certification of Landscape Compliance at Time of Landscape Plan Submittal" in form approved by the City Manager.

Landscape plans submitted for permit shall include all of the above, as well as the following:

(1)

A fully completed, permanently affixed "Landscape Legend" as prescribed by the Director of Community Services.

(2)

Critical layout dimensions for trees, plant beds and landscape features.

(3)

Method(s) to protect and relocate trees and native plant communities during construction.

(4)

Planting details and specifications.

(5)

Irrigation plans, as required by the zoning district.

(6)

Irrigation details and specifications, as required above.

Prior to the issuance of final landscape approval for any building permit issued by the City, an owner's, or a Professional Preparer's Certificate of Landscape Compliance for Final Inspection, in form approved by the City Manager, shall be submitted at the time that the final inspection is requested.

(f)

Vegetation survey required. A vegetation survey shall be provided for all sites at the same scale as the landscape plan. The vegetation survey shall be accompanied by an aerial photograph which outlines the subject site without obscuring its features. The vegetation survey shall provide the following information:

(1)

The accurate location and graphic representation, in relation to existing development, of all existing trees of a minimum two-inch DBH or ten-foot height or, for native trees, of a minimum one and one-half DBH or eight-foot height, including those which are proposed to be removed, relocated or preserved on site in accordance with the requirements of this Code.

(2)

A table showing the following information:

a.

The scientific and common name of each tree, each of which shall be numbered.

b.

The diameter at breast height of each tree, or if a multiple trunk tree, the sum DBH for all trunks.

c.

An estimate of the height, canopy cover, and physical condition of each tree, and whether specimen tree(s) exist on site.

(g)

Landscape plan review: Landscape plans shall be reviewed in accordance with the following goals, objectives and the guidelines:

(1)

Landscape design shall enhance architectural features; relate structure design to the site; visually screen dissimilar uses and unsightly views; reduce noise, glare and heat gain from paved areas, major roadways and incompatible uses; strengthen important vistas and reinforce neighboring site design and architecture.

(2)

Existing specimen trees, native vegetation (including canopy, understory, and ground cover) shall be preserved to the maximum extent possible and all requirements of Section 24-49 of the Code of Miami-Dade County shall be met.

(3)

In order to conserve water, reduce maintenance, and promote plant health, plant species shall be selected and installed based on their water needs, growth rate and size, and resource inputs. Plants with similar water needs shall be grouped in hydrozones. Adequate growth area, including rooting space, based on natural mature shape and size shall be provided for all plant materials.

(4)

The plan shall include the use of native plant species in order to reestablish an aesthetic regional quality and take advantage of the unique diversity and adaptability of native species to the environmental conditions of South Florida. Where feasible, the re-establishment of native habitats shall be incorporated into the landscape plan.

(5)

Trees and shrubs shall be planted in such a way as to reduce energy consumption by shading buildings and shall be used to reduce heat island effects by shading paved surfaces.

(6)

Street trees shall be used to shade roadways and provide visual order. Where feasible, selected species shall be used to establish a road hierarchy by defining different road types.

(7)

Special attention shall be given to the use of appropriate species located under, or adjacent to overhead power lines, and near native plant communities and near underground utility lines. Adequate growth area shall be provided for all plant materials.

(8)

Landscaping shall be designed in such a way as to provide safe and unobstructed views at intersections of roadways, driveways, recreational paths and sidewalks in accordance with this article.

(h)

Minimum landscape requirements for all zoning districts.

(1)

Tree specifications.

a.

Required trees shall be of a species which normally grow to a minimum height of 25 feet and have a mature crown spread of not less than 20 feet with trunks which can be maintained with over six feet of clear wood. Emphasis is given to the use of native species.

b.

All required trees shall be 14 feet high and conforming to, or exceeding, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants. Thirty percent of the tree requirement may be met by native species with a minimum height of ten feet and conforming to, or exceeding, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants.

c.

Required palms shall be field grown and have a minimum of 16 feet in overall height with a minimum of six feet of clear wood.

d.

Street trees shall be provided along all roadways at a maximum average spacing of 30 feet on center, except as otherwise provided in this chapter. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the City Manager or designee. A single trunk palm species with a minimum ten inches DBH, eight feet of clear wood and minimum canopy of 15 feet at maturity shall count as a required street tree on the basis of one palm per street tree. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees. Street trees are required in addition to the minimum number of required trees. The City reserves the right to designate a common species for a roadway or portion of certain roadway segments in order to achieve a uniformity of appearance.

e.

No more than 30 percent of all required gray wood trees shall be of a palm species, as determined by the Director or Designee.

f.

Three palm trees shall be clustered to equal one required tree: The three palm trees in the cluster shall be of differing heights, with a minimum three-foot stagger between adjacent palms, but, in no case smaller than 16 feet in height. Roystonea sp. (Royal Palm) and Phoenix sp. (Date Palm) may have matching heights. Such clustering shall be determined by Director or Designee.

g.

It is prohibited to paint the trunks of trees or palms.

h.

Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree requirements. Prohibited trees shall be removed from the site.

i.

Of the required trees at least 30 percent shall be native species and 50 percent shall be low maintenance and drought tolerant.

j.

Eighty percent of the trees shall be listed in the Miami-Dade Landscape Manual, the Miami-Dade Street Tree Master Plan and/or the University of Florida's Low-Maintenance Landscape Plants for South Florida.

k.

Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions.

l.

Trees near power lines. Where the height and location of overhead powerlines requires the planting of low growing trees, street trees shall have a minimum height of ten feet and shall conform to, or exceed, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants at time of planting, and shall meet all of the following requirements:

1.

Single trunk trees clear of lateral branches to four feet and/or multi-trunk trees or trees/shrubs, as referenced in Landscape Manual, cleared of foliage to a height of four feet.

2.

A maximum average spacing of 25 feet on center.

3.

Maturing to a height and spread not encroaching within five feet of overhead power distribution lines.

4.

Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution lines, mature tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual.

m.

Minimum tree species diversity standards. When more than ten trees are required to be planted pursuant to the provisions of this chapter, a diversity of tree species shall be required. The minimum number of different tree species to be planted shall be based on the overall number of trees required and shall be proportional in relation to the total number of species planted, pursuant to the following table:

Nothing in this subsection shall preclude the planting of additional tree species beyond the minimum numbers indicated in the table above, provided that the proportionality of each species planted is maintained. This subsection shall not preclude the planting of a single species in or along a thematic landscaping corridor, as determined by the City Manager or designee.

(2)

Other plant material specifications.

a.

Shrubs and hedges: Shall be of a self-supporting, woody, evergreen species and shall be a minimum of two feet in height at time of planting. Hedges shall be planted and maintained so as to form a continuous, solid visual screen, of not less than three feet in height, within one year of planting. Spacing of plants shall be no more than 24 inches on center. Double staggered rows may be required in some areas as determined by Director or Designee. Of the provided shrubs at least:

1.

Thirty percent shall be native species; and

2.

Fifty percent shall be low maintenance and drought tolerant; and

3.

Eighty percent shall be listed in the Miami-Dade Landscape Manual, the Miami-Dade Street Tree Master Plan and/or the University of Florida's Low-Maintenance Landscape Plants for South Florida.

b.

Ground covers: May be used in lieu of grass. Ground covers shall present a finished appearance and reasonably complete coverage at time of planting.

c.

Lawn grass: Shall be St. Augustine 'Floratam' solid sod, or other lawn species well adapted to localized growing conditions, as approved by the Director, reasonably free of insects and noxious weeds. Lawn shall be solid sodded for immediate effect.

d.

Plant Quality: Plants installed pursuant to this Code shall conform to, or exceed, the minimum standards for Florida No. 1 grade or equivalent in the most current edition of Florida Grades and Standards for Nursery Plants prepared by the State of Florida Department of Agriculture and Consumer Services.

e.

Mulch: All exposed soil areas in planting beds, including hedge rows, shall be kept weed free, and mulched to a minimum three-inch depth (excluding seasonal color beds). Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged.

f.

Vines: Shall be not less than 24 inches in height at time of planting and may be used in conjunction with fences or walls. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fences or walls.

g.

Artificial Turf: May be used as a playing surface for public and private sports recreation fields, roadway medians in areas of flooding and drainage concerns, playgrounds, rooftop or above ground terraces and pool decks in residential and non-residential development when such turf material is certified by the manufacturer in a manner acceptable to the City as permeable, bacteria- and heat-resistant and has backing made of non-toxic materials such that it may be disposed of in a regular landfill site at the end of its lifecycle. A turf base including sand is encouraged to support some soil habitat and increase drainage.

(3)

Installation.

a.

Planting methods: All plant material shall be installed following accepted planting procedures as defined by the American Association of Nurserymen and The Florida Nurserymen and Growers Association.

b.

Curbing: Landscaped areas, walls, structures, and walks shall require protection from the encroachment or overhang of vehicles. A continuous concrete curbing not less than six inches in height, as approved by the Director or Designee, shall be installed to prevent such encroachment.

c.

Existing plant credit: In instances where healthy plant material exists on-site (particularly native or Florida-friendly species), the Director or Designee may adjust the requirements of this article to allow credit for such plant material, if, in his or her opinion, such an adjustment is in keeping with and will preserve the intent of this article.

d.

Permit requirements: A landscape permit will be required prior to installation.

(4)

Irrigation. All newly landscaped areas shall be provided with a fully automatic underground irrigation system that provides 100 percent coverage to all landscaped areas.

a.

Irrigation systems shall be designed, operated and maintained to:

1.

Meet the needs of all the plants in the landscape.

2.

Consider soil, slope and other site characteristics in order to minimize water waste, including overspray or overflow on to impervious surfaces and other non-vegetated areas, and off-site runoff.

3.

Minimize free flow conditions in case of damage or other mechanical failure.

4.

Use low trajectory spray heads, and/or low volume water distributing or application devices.

5.

Maximize uniformity, considering factors such as:

(1)

Emitters types,

(2)

Head spacing,

(3)

Sprinkler pattern, and

(4)

Water pressure at the emitter.

6.

Use the lowest quality water feasible.

7.

Rain switches and other devices, such as soil moisture sensors, shall be used with automatic controls.

8.

Where feasible, drip irrigation or micro-sprinklers shall be used.

9.

During dry periods, irrigation application rates of between one and one and one-half inches per week are recommended for turf areas.

10.

The operation of an irrigation system during periods of heavy rainfall is prohibited and shall conform to standards and regulations as established by the South Florida Water Management District. A functioning moisture or rain sensor shut-off device shall be required on all irrigation systems equipped with automatic controls. The device shall not be installed under the eaves of houses, buildings or other obstructions, nor in the path of the irrigation system.

(i)

Maintenance.

(1)

General. In all districts, the owner, or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition so as to present a healthy, vigorous, neat, and orderly appearance, clear of weeds, refuse and debris, and sufficiently fertilized and watered to maintain the plant material in a healthy condition. Landscaping material shall be trimmed and maintained so as to meet all city, county or state site distance requirements.

(2)

Failure to conform or maintain.

a.

If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in non-conformance, including, but not limited to, dead or dying plant material, artificial turf that is damaged or beyond its lifecycle, notice shall be issued to the owner or his agent that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Special Master of the City of Aventura.

b.

If any tree or plant dies which is being used to satisfy current landscape code requirements, such tree or plant shall be replaced with the same landscape material or an approved substitute.

(3)

Tree hatracking. It shall be unlawful for any person, firm or city department to hatrack any tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the Community Development Director.

(4)

Pruning. Trees shall be pruned in the following manner:

a.

All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub.

b.

Removal of dead wood, crossing branches, weak or insignificant branches, and sucker shall be accomplished simultaneously with any reduction in crown.

c.

Cutting of lateral branches that results in the removal of more than one-third of all branches on one side of a tree shall only be allowed if required for hazard reduction or clearance pruning.

d.

Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass in the lower two-thirds of the tree.

e.

No more than one-third of a tree's living canopy shall be removed within a one-year period.

f.

Trees shall be pruned according to the current ANSI A300 Standards and the Landscape Manual.

(5)

Edging. Edging shall be accomplished in such a manner so as not to destroy landscaping material.

(6)

Fertilization. Fertilize landscaping material, as needed, to maintain healthy, viable growth. Apply appropriate fertilizer to avoid symptoms of chlorosis and trace element deficiency. Use of environmentally safe fertilizer is required. Application of fertilizer must conform to manufacturers specifications.

(j)

Tree removal permit. No existing tree on the site having a trunk diameter of three inches or greater, or trees with an overall height of twelve feet and greater, shall be removed or relocated without a permit from the community development department of the city. In evaluating whether to grant a tree removal permit, the Director or Designee shall consider the size, species (native or not), health, rareness and age of the tree. A tree survey identifying all existing trees over three inches in diameter or trees with an overall height of 12 feet and greater shall be included with any building permit application. This survey drawing shall be overlaid directly upon the site plan sufficiently to provide the accurate location of all existing trees which are proposed to be destroyed, relocated, or preserved, the identification number of each tree, botanical name and common name of each tree, diameter at breast height (DBH) of each tree, height and canopy spread of each tree, condition and disposition of each tree. An arborist's report may be required at the discretion of the Community Development Director. In addition, all applicable portions of section 24-49 of the Code of Miami-Dade County are adopted herein. Applicability of the Miami-Dade County Ordinance shall be as determined by the Director or Designee.

Excepted from this Section are the tree species listed in Section 24-49(4)(f) of the Code of Miami-Dade County.

(1)

Protective barrier. During site development, trees designated for preservation shall have protective barriers placed around each tree or cluster of trees at the drip line, or a minimum of six feet (in radius) from the trunk whichever is greater, of any protected tree. In addition, no excess soil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers.

(2)

Relocation standards. Trees that are to be relocated shall be consistent with the Tree Relocation Standards as set forth in Section 24-49.6 of the Code of Miami-Dade County and the following minimum standards:

a.

Tree roots shall be severed a minimum of six weeks prior to relocation and in such a manner to provide a root ball which is sufficient to ensure survival of the tree when relocated.

b.

After relocation, tree(s) shall be watered a minimum of three times per week until tree(s) are established.

c.

Any tree that dies or becomes nonviable within six months of relocation shall be replaced with a comparable species and size, as determined by the Director or Designee.

(3)

Tree removal authorization. A tree removal may be authorized when one of the following conditions exist:

a.

It is determined by the Director or Designee, that tree relocation is not feasible.

b.

An equivalent tree canopy is replaced on the same site. The owner or his agent will be responsible for replacing any tree that dies with a tree of comparable species and size, as determined by the Director or Designee.

c.

The tree to be removed is examined by the Director or Designee, and is determined to be dead, severely damaged, or a safety hazard. All tree removal requires a tree permit application.

(k)

Minimum design standards. The following shall apply to all developments requiring site plan or permit approval except for single and two-family dwellings:

(1)

Landscape plans. Landscape plans shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons authorized to prepare landscape plans or drawings by F.S. ch. 481. Landscape plans shall be submitted with the initial master plan for the development.

(2)

Perimeter landscape requirements. Adjacent to any street right-of-way, plus along the perimeter of all vehicular use areas, there shall be a continuous buffer strip of not less than seven feet in width. These buffer strips shall include at least one tree for each 30 linear feet, or portion thereof, of perimeter. Where these buffer strips abut a vehicular use area, there shall be installed a hedge, berm, or other durable landscaped visual barrier, of not less than three feet in height and solid within one year of planting. Where the vehicular use area is highly visible from the public right-of-way, a double row of hedge may be required by the Director or Designee. Sod or ground cover with irrigation. shall be installed to the edge of pavement. The following are exceptions to the perimeter landscape requirements:

a.

Access drives: Necessary accessways shall be permitted to traverse required perimeter buffer strips.

b.

Abutting a right-of-way but no vehicular use area: Buffer strips of not less than seven feet in width shall require continuous hedges and one tree for every 25 feet.

c.

Abutting another vehicular use area: Accessways may traverse required buffer strips along common interior lot lines when said accessways improve overall vehicular circulation within and between abutting properties.

d.

Abutting a residential district: Buffer strips of not less than seven feet in width shall include a continuous solid wall, hedge, or other barrier vegetation, and one tree every 25 feet. All walls adjacent to a public roadway are to be located in order to allow vegetation and/or a vine to screen the wall for anti-grafitti purposes. In addition, grass or ground cover shall be planted in the remaining open space of this buffer.

(3)

Interior landscape requirements. Within the interior of any vehicular use area (total area less required perimeter buffer strips), the following shall be required:

a.

When the interior of any vehicular use area is designed for off-street parking purposes, the following shall be provided:

1.

Terminal islands: Contiguous rows of parking spaces shall be terminated on both ends with landscaped islands with not less than seven feet in width (excluding curbing), and with a minimum of one tree per each island. The ends of such islands may be tapered to accommodate vehicle circulation. Such islands shall extend the entire length of the parking space and include at least one tree for every 100 square feet, or portion thereof, of said island. The remainder of the terminal island shall be well landscaped with grass or ground cover.

2.

Interior islands: Landscaped interior islands shall be seven feet in width (excluding curbing) and not less than 90 square feet each in area and shall be placed within individual rows of contiguous parking spaces so that there is not less than one island for every nine parking spaces, or portion thereof and shall continue the full length of the contiguous parking space. At least one tree shall be planted in every interior island and the remainder of the island shall be landscaped with grass or ground cover. Ground cover in interior islands shall be designed and maintained so as not to impede movements in and out of vehicles. Interior islands should not be placed directly opposite each other when in abutting parking rows. Any arrangement which creates a nonregimented appearance, relieves monotony, increases tree canopy and fulfills the requirements of this article may be approved by the Director or Designee.

Where any row of contiguous parking spaces is located so as to abut another row of contiguous parking spaces, a landscaped divider median of not less than seven feet (excluding curbing) in width shall be required between contiguous rows.

Divider medians: Where any row of contiguous parking spaces is located so as to abut an interior driveway rather than another row of contiguous parking spaces, a landscaped divider median of not less than seven feet (excluding curbing) in width shall be required between said row and the abutting driveway. At least one tree shall be planted for every 25 lineal feet of said median and the remainder of said median shall be landscaped with grass or ground cover.

b.

When the interior of any vehicular use area is designed primarily for purposes other than off-street parking, such as for drive-in or drive-through banking or retailing, the drive-through lane shall be separated from other vehicular use areas for its entire length, with a five-foot wide (excluding curbing) landscaped area planted with one tree for every 25 linear feet, and with lawn grass or ground cover. The portion of the drive-through lane that is adjacent to the primary structure shall have a minimum three feet wide landscaped area between the structure and the drive-through lane, or as determined by the Director or Designee.

(4)

Landscape requirements for non-vehicular use areas. Develop a landscape plan that beautifies, provides shade, and complements the architecture of the adjacent building, subject to the approval of the Director or Designee.

(5)

Clear sight triangles.

a.

When an accessway intersects a public street or alley right-of-way, or another accessway, or when the vehicular use area is contiguous to the intersection of two or more public rights-of-way, all landscaping within the triangular areas created by such intersections and defined below shall provide unobstructed vision clearance at an elevation of 2.5 feet to eight feet in height. Vision clearance requirements shall comply with American Association of State Highway and Transportation Officials (AASHTO).

b.

Trees having over six feet of clear trunk with limbs and foliage trimmed in such a manner as not to extend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard. No landscaping elements, except for grass, ground cover, or hedges no greater than 2.5 feet shall be located nearer than ten feet to any accessway intersection of a public road.

c.

Intersection of two public streets: The vision clearance area shall be the triangular area formed by the intersection of the two streets beginning at the point where property lines meet at the corner, or in the case of rounded property corners, the point at which they would meet without such rounding, and then extending 25 feet along each property line. The vision clearance area shall be where the two furthermost points are connected by a diagonal line.

d.

Intersection of any alley or accessway with a public street, or with another alley or accessway area at such intersections shall be as defined above, except that the two equal sides of the triangular area shall be 15 feet in length.

e.

Where City, Dade County or Florida Department of Transportation (FDOT) roads are involved, meet all City, Dade County, or FDOT design criteria related to highway safety for all landscaping material.

(6)

Required landscape or pervious areas. Not more than 60 percent of such areas shall be grass. The balance shall be ground cover, shrubs, or other suitable landscape material.

(7)

Dumpsters. All dumpsters shall be completely screened from view from the adjacent properties and the public right-of-way by the use of walls or fences and landscaping material, subject to the approval and standards as established by the Director or Designee.

(8)

Retention areas. Retention areas shall be landscaped with suitable planting material so as to create an aesthetically pleasing appearance, subject to the approval of the Director or Designee.

(9)

Drive-through. Drive-through or loading areas shall be screened from view from the adjacent properties and the public right-of-way by the use of landscaping material, subject to the approval and standards as established by the Director or Designee.

(Ord. No. 99-09, § 1(Exh. A, § 1001), 7-13-99; Ord. No. 2012-15, § 7, 10-2-12; Ord. No. 2014-13, § 6, 10-7-14; Ord. No. 2017-07, § 6, 6-14-17; Ord. No. 2020-03, § 7, 5-5-20; Ord. No. 2024-11, § 2(Exh. A), 7-2-24)