This article establishes minimum requirements for landscaping and tree preservation in the town. The purpose of this article is to enhance the natural beauty of the town on private and public property, and public right-of-way through an integrated set of landscaping and tree preservation requirements. These requirements are essential to ensure that proper industry standards and guidelines are applied to promote basic landscaping and tree preservation practices in the town. In addition, these requirements will further sustainability and green development principles, and improve the quality of life of the town's residents.

(Ord. No. 12-03, § 2(3-90), 6-20-2012)

The provisions of this article shall be considered minimum standards and shall apply to all private new development, changes of use, additions and expansions when a permit is required (and when the replacement of plant material and irrigation is required (and/or proposed)) in accordance with this article.

(Ord. No. 12-03, § 2(3-91), 6-20-2012)

Terms used throughout this article shall take their commonly accepted meaning unless otherwise defined in the town "street tree master plan," the definitions section of this code or in Miami-Dade County Code chapters 18A, 18B, 24 and 32.

(Ord. No. 12-03, § 2(3-92), 6-20-2012)

The minimum requirements for street trees and their placement shall be found in the town "street tree master plan," dated December 2008, and as may be amended.

(Ord. No. 12-03, § 2(3-93), 6-20-2012)

Minimum standards or requirements for landscaping and irrigation within the town, if not addressed in this article, shall only then be governed by the following, as may be amended:

(1)

Chapter 18A, Miami-Dade County Landscaping Ordinance and Landscape Manual.

(2)

Chapter 18B, Miami-Dade County Right-of-Way Landscape Ordinance.

(3)

Chapter 24, Miami-Dade County (Town) Environmental Protection Ordinance.

(4)

In instances where conflicts between articles occur, the director shall determine upon review of a proposed application which article sections shall apply.

(Ord. No. 12-03, § 2(3-94), 6-20-2012)

(a)

Landscaping, trees, and plant material shall be planted and maintained in a healthy growing condition according to accepted horticulture practices. Any landscaping, trees, and plant material in a condition that does not fulfill the intent of these regulations shall be replaced by the owner.

(b)

Adequate drainage and mulching shall be provided for planted areas. For adequate root growth, the base of the lot tree shall have a minimum pervious ground area of 50 square feet for root growth and shall not be planted on slopes exceeding 4:1 horizontal to vertical distance.

(c)

Nothing shall be planted, installed or placed within a utility easement, drainage easement or right-of-way without the consent of the town, the county or state department of transportation and the easement holder, as applicable.

(d)

Nonresidential fences shall be supplemented with plantings following the five to ten foot buffer requirements of section 3-102(6).

(e)

Berms shall not exceed a 2:1 slope and be stabilized with a ground cover or other vegetation. Berms using turf as a ground cover shall not exceed 3:0 slope, horizontal to vertical distance. Trees are not to be planted on a berm.

(f)

No person may remove or modify any landscaping from or within a right-of-way without the consent of the town.

(g)

All required landscaped areas shall be protected by six-inch curbing when abutting surface parking pavement except as permitted to allow stormwater drainage. The width of all curbing shall be excluded from required landscaped areas.

(h)

Plants and trees shall only be pruned to promote healthy, safe, uniform, and natural growth of the vegetation and according to the National Arborists Association Standards. Root pruning shall be kept to an absolute minimum, and only performed upon recommendation and under the supervision of a certified arborist. Severely pruned trees (pruning more than 30 percent of the canopy) and shrubs shall be replaced by the owner in conformance with the plant material and landscape plan requirements of this article.

(i)

Prior to approved removal of any lot tree for the purposes of development, expansions to existing development in accordance with the environmental survey and/or approved development plans, or if the tree is deemed unsafe to the property owner or adjacent properties, the owner shall give the town first right of refusal to relocate the tree to public lands if the owner does not choose to relocate it. Subject to approval by the town, the property owner may contribute to the town's tree planting program in an amount sufficient to replace the species and caliper of trees in lieu of tree relocation. For purposes of this subsection:

(1)

The number of lot trees shall be calculated by including any trees removed by the property owner within the 12 months preceding an application for development; and

(2)

Tree mitigation requirements shall not apply to trees removed pursuant to F.S. § 163.045.

(j)

Property owners shall maintain all landscaped areas in a healthy growing condition. Property owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that may constitute a menace to the public.

(Ord. No. 12-03, § 2(3-95), 6-20-2012; Ord. No. 22-10, § 2, 10-19-2022)

(a)

Landscape plans in accordance with this article shall be approved by the town prior to issuance of a building permit except as exempted herein.

(b)

The application submittal shall include the following, as applicable:

(1)

The landscape plan shall be drawn to a suitable scale sufficient in size to show all necessary detail and indicate property boundaries, north arrow, graphic scale and date.

(2)

Environmental survey, if applicable.

(3)

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

(4)

Indicate the common and scientific name and quantity of plants to be installed, heights, spread and remarks providing information on the plant material to be installed.

(5)

Identify all landscape features and non-living landscape materials.

(6)

Illustrate geologic, historic, and archeological features to be preserved, if applicable.

(7)

Depict stormwater retention/detention areas.

(8)

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

(9)

Show future canopy coverage and identify impervious areas required by this article.

(10)

Show building coverage and locations.

(11)

The plan shall be prepared by and bear the seal of a landscape architect registered in the state for multifamily and nonresidential development.

(Ord. No. 12-03, § 2(3-96), 6-20-2012)

(a)

Landscaping and irrigation systems shall be completed in accordance with the approved landscape plans and installed prior to issuance of a certificate of occupancy for the site.

(b)

The town may grant installation exceptions and extensions due to unusual environmental conditions, such as drought, or over-saturated soil. When exceptions and extensions are provided, the developer or property owner shall provide the town with a surety bond ensuring the installation of the uninstalled landscape materials and irrigation systems. In such cases, the town may authorize a temporary certificate of occupancy for a period of 30 to 60 days.

(c)

Any bond posted as surety for exceptions and extensions shall be accompanied by documentation of the estimated cost of the uninstalled landscaping materials and irrigation systems. This documentation may be a landscaping contractor's bid or contract, a nurseryman's bill, or a similar document. The amount of the bond shall be one and one-half times the cost of the uninstalled plant material and irrigation system, based on the highest estimate received. The town manager is authorized to release part of any security posted as the improvements are completed and approved by the town. Such funds shall be released within ten days after the corresponding improvements have been approved.

(d)

A certificate of occupancy shall not be issued until installation of landscape materials and irrigation systems consistent with approved plans is completed and a final inspection is performed by the town.

(Ord. No. 12-03, § 2(3-97), 6-20-2012)

(a)

Prior to installation of irrigation systems, the applicant shall submit an irrigation plan to the town. The plan shall be drawn at the same scale as the landscape plan and indicate, but not be limited to, main, valve, and pump locations, pipe sizes and specifications, controller locations and specifications, backflow preventer and rain-sensing devices and include a typical sprinkler zone plan indicating type, specifications, spacing, and coverage. If drip irrigation or soaker hoses are proposed, their layout shall be shown.

(b)

During installation, irrigation systems shall be designed to avoid impacts with the root structures of existing vegetation. Field changes shall be made to avoid disturbances of such vegetation. These changes may include line routing, sprinkler head placement and spray direction adjustments.

(Ord. No. 12-03, § 2(3-98), 6-20-2012)

Concurrently with or following the issuance of a certificate of occupancy for any nonresidential or multi-family development, the property owner shall provide certification of landscape maintenance prepared by a certified arborist or licensed landscape architect. A certification of landscape maintenance shall be filed with the department annually for three years following occupancy and then triennially thereafter. Certifications of landscape maintenance shall contain a count of plants by species, general assessment of plant condition, and, if applicable, a timeline for replacement of any unhealthy, dead, or missing plants. Notwithstanding such certification, the town may inspect the site for compliance at any time to ensure all required landscaping is properly maintained. Corrective actions will be required to be commenced within 30 days of the notice of noncompliance and completed within 60 days.

(Ord. No. 12-03, § 2(3-99), 6-20-2012; Ord. No. 22-10, § 2, 10-19-2022)

The owner shall be responsible for the installation, preservation, replacement and maintenance of all plantings and/or irrigation systems required by this article. Plant material shall be maintained according to accepted horticultural practices. Any dead, unhealthy, or missing vegetation, or vegetation disfigured by pruning, shall be replaced with locally adapted vegetation which conforms to the standards of this article and/or to the approved landscape plan. In the event that any vegetation and/or irrigation system is severely damaged due to an unusual weather occurrence, disease and/or natural catastrophe, the owner shall inform the town of the extent of such damage and shall have one calendar year to replace or replant the vegetation and/or irrigation system.

(Ord. No. 12-03, § 2(3-100), 6-20-2012; Ord. No. 22-10, § 2, 10-19-2022)

Prior to preparation of development plans, an environmental survey, by a landscape architect registered in the state, shall be provided by the applicant to identify existing trees (natives, non-natives, restricted and prohibited as outlined in Miami-Dade Landscape Manual), under story vegetation, shrubs and groundcovers, known endangered plant species, wetlands, streams and creeks, floodplains and topographical features of a site. This enables the planned preservation of existing vegetation and natural features and their integration, to the maximum extent possible, with landscaping proposed for new development. At a minimum, the environmental survey shall include the following:

(1)

Provide a written description of vegetation measuring four inches in diameter at breast height (DBH) or greater, including species, size, spacing between trees, and general health and vigor of the vegetation.

(2)

A plan or survey graphically identifying vegetation measuring four inches in DBH or greater located on the site. The plan or survey shall include a schedule identifying the botanical name/common name of plant species, their height and spread, and disposition which, among other things, indicates whether the vegetation is relocated, removed, or remaining at its current location.

(3)

The plan or survey shall identify natural features, such as, but not limited to, wetlands, streams, natural drainage ways, lakes, other water bodies, rock and stone formations, and the like.

(4)

All new development, including public and private utilities, shall be integrated, to the maximum extent possible, with the vegetation and natural features identified in the environmental survey.

(Ord. No. 12-03, § 2(3-101), 6-20-2012)

The types of landscaping are enumerated below and shall meet the following performance requirements. Where applicable, the provisions of (subsections (5) and (6) of this section shall not apply to areas zoned town center (TC) and transit corridor (TRC).

(1)

Surface parking. A landscaped area shall be provided along the perimeter of all parking, loading, drive, and parking storage areas. The landscape area shall have a minimum width of ten feet and shall be planted with a minimum of four trees and a minimum of 35 shrubs per 100 linear feet or fraction thereof. Plants, at the time of planting, shall cover the entire width of the area.

a.

Landscaped areas shall be provided at the ends of each parking aisle. These areas shall be a minimum of 400 square feet for double aisle parking stalls and 200 square feet for single aisle parking stalls, have a minimum width of ten feet and be planted with a minimum of one tree and ten shrubs per 200 square feet of area.

b.

Parking lots, loading areas, drive(s), and exterior storage areas shall be landscaped so that no parking lot(s), loading area(s), drive(s), and exterior storage area(s) is more than 40 feet from the base of a tree.

(2)

Building perimeter. All multifamily, planned development and nonresidential development shall provide building perimeter planting along the facade of buildings in the amount of 200 square feet per 1,000 square feet of building ground floor area. The building perimeter area shall be planted with a minimum of two trees and a minimum of 20 shrubs per 200 square feet of area and have a minimum width of six feet.

(3)

Street tree canopy. A tree canopy shall be required along streets serving multifamily, planned developments and nonresidential uses as a unifying element to soften the transition from the public street to the private lot. Street trees shall be provided and maintained in accordance with this article.

(4)

Residential tree canopy.

a.

Each lot shall provide trees in accordance with the schedule below. Required trees shall be planted within the front yard. Existing native and non-native (which are not restricted or prohibited) trees over two and one-half inches in diameter breast height and ten to 12 feet in height may be counted towards fulfilling this requirement.

b.

Lot area requirements:

1.

Less than 15,000 square feet: three trees.

2.

15,000 to 25,000 square feet: four trees.

3.

More than 25,000 square feet: four trees, plus one tree for each 100 linear feet of frontage of the front yard.

(5)

Site canopy coverage. For multifamily, planned developments and nonresidential developments, incorporating surface parking areas, existing and/or selected trees meeting the provisions of this article shall cover a minimum of 40 percent of the remaining development site.

(6)

Buffer area. A buffer area shall be required along boundaries of multifamily, nonresidential, and planned development lots abutting a less intensive use. Such lots shall comply with the following minimum standards:

a.

The buffer area shall be located within the boundaries of the higher intensity use property. However, a maximum of 50 percent of the buffer area may be located on abutting property, provided the owners of all abutting properties agree in writing to the proposal. Said agreement shall be created by the applicant and reviewed by the town; it must be recorded by the applicant and provide stipulations for perpetual maintenance and upkeep acceptable to the town.

b.

The area indicated in the matrix below shall consist of trees and shrubs of a type, height, spacing and arrangement that effectively buffers the less intensive use lot from the more intensive use lot. At a minimum, the planting shall consist of six trees and 20 shrubs per 100 linear feet for five to ten foot areas, ten trees and 30 shrubs per 100 linear feet for 15 to 20 foot areas, and 20 trees and 60 shrubs per 100 linear feet for 25+ foot areas. When meeting this requirement by planting hedges, no one hedge species shall exceed 50 percent of the proposed planting material.

c.

An earthen berm (as provided herein) or fence or wall of a design approved by the department may be substituted to offset a portion of the required planting. Fences and walls shall be a maximum of six feet in height and constructed of materials congruous with the materials of the main building. Trees and shrubs shall supplement earthen berms, fences, or wall areas at a minimum of 50 percent of the landscape material required for buffers. The landscaping shall be installed along the outside wall and in accordance with section 3-95.

d.

Buffer areas shall follow the minimum width (in feet) as set forth in the matrix below:

e.

The existence of a canal or water body, alley, right-of-way, or easement shall not exempt property from the buffer requirements of this article.

(7)

Screening of outdoor storage areas. Outdoor storage areas shall be screened from the street, and from residentially zoned land using landscape materials to form a continuous screen which matches the height of the materials being stored and any structure within the enclosure. At a minimum, the landscape material planted shall be six feet in height at the time of planting.

(8)

Screening of mechanical equipment. All nonresidential, multifamily and planned development shall screen from view all mechanical equipment, such as, but not limited to, ground or roof mounted air conditioning, backflow prevention devices, irrigation and similar pumps, through the use of features such as berms, fences, roof parapets, walls or landscaping. The height of the screening features shall match, or be greater than, the height of the mechanical equipment.

(9)

Screening of public utilities. All public utility appurtenances such as lift stations, relay boxes, ground mounted transformers, backflow prevention devices, and the like shall be screened from view.

(10)

a.

Screening of central solid waste storage area. Nonresidential, multifamily and planned developments shall provide facilities for the central storage of solid waste and recyclables within the lot. Where such facilities are provided outside, they shall be screened by an enclosure constructed of materials congruous with the development's building materials. The enclosure shall exceed the height of any storage container, but shall not exceed the tallest building height proposed for the development. The exterior wall shall be screened with landscaping six feet in height at the time of planting.

b.

Subsection 3-102(10)a. shall be applicable to all existing solid waste and recyclable storage facilities located on nonresidential properties beginning November 1, 2022. Town staff shall engage in public education efforts to inform the public of the provisions of this subsection before they take effect.

(11)

Unoccupied lot areas. All areas reserved for open space for new and existing development shall be improved with ground cover, trees, shrubbery or mulch. No exposed soils shall be permitted.

(12)

Allowable types of landscaping elements in pervious front yard areas. The pervious front yard areas of single-family residential properties shall be composed of at least 85 percent living plant material, including, but not be limited to, grass, ground covers, bushes, shrubs, hedges, or other similar living plant materials. Notwithstanding the foregoing, pervious front yard areas of single-family residential properties may contain:

a.

Up to 15 percent decorative gravel, river rock, shell, or similar materials commonly used for landscape purposes.

(Ord. No. 12-03, § 2(3-102), 6-20-2012; Ord. No. 16-11, § 2, 12-14-2016; Ord. No. 21-12, § 2, 10-20-2021; Ord. No. 22-01, § 2, 2-16-2022; Ord. No. 22-10, § 2, 10-19-2022)

Unless otherwise noted, plant material shall conform to the standards for Florida Number 1 or better, as defined by the current edition of the Grades and Standards for Nursery Plants, Division of Plant Industry, Florida Department of Agriculture and Consumer Services.

(1)

Plant material. The town adopts the Cutler Bay Plant List as a basis for plant material selection. Other plant material species proposed may be submitted for town approval. Minimum standards are as follows:

a.

Native requirements: A minimum of 75 percent of plant material must be South Florida native and/or Florida Keys native species as provided in the Cutler Bay Plant List.

b.

Rockland requirement: Properties located in the town center district, transit corridor district, and the neighborhood residential district must designate 20 percent of the required South Florida native species using the plant material indigenous to the pine rockland and rockland hammock ecosystems, as provided in the Cutler Bay Plant List. All South Florida native species indigenous to the pine rockland and rockland hammock ecosystems planted on the property shall be compatible with the soil conditions of the property and shall be planted as part of a combination of canopy trees, understory trees, and other suitable plantings.

c.

Mangrove requirement: Mangroves and other wetland buffer trees as provided in the Cutler Bay Plant List shall be planted along the side of the property abutting coastal wetlands along the wetland delineation line as defined by Miami-Dade County DERM.

d.

Drought tolerant requirement: A minimum 75 percent of plant material must be drought tolerant.

e.

Plant size requirement: Minimum installed plant size by plant material type. Plant sizes in this table shall control unless a species-specific minimum plant size is provided in the Cutler Bay Plant List below.

f.

Species mix: No one species and no one category of species can exceed 25 percent of the minimum number of plant material required.

g.

Existing trees or palms to remain or relocate credits: Existing trees and palms (excluding prohibited species) preserved on site or relocated will be credited towards meeting the planting requirements of this article as approved by town staff.

1.

Applicants must coordinate with town staff to prepare a plant condition report for review. The plant condition report must document the existing condition of trees and palms (excluding prohibited species) scheduled to protect in place, to relocate on site, or offered to the town, with equivalent square inch site replacement material of three inch diameter at breast height measured 54 inches above grade (DBH).

2.

The plant condition report must be prepared by an International Society of Arboriculture certified arborist, or a Florida-licensed landscape architect.

3.

The plant condition report must include at a minimum:

A.

Tree and palm quantities to match the submitted plans;

B.

Species and cross sectional area, DBH of palms and caliper of trees;

C.

Description of any damage, disease, scars, or infestation;

D.

Photographs of each tree or palm; and

E.

The condition rating for each plant categorized as excellent, good, fair, poor, very poor, or dead, in accordance with the 'Guide for Plant Appraisal 10th Ed.', as amended.

h.

Existing trees and palms will be reviewed in the following order of disposition.

1.

Existing trees and palms of fair quality or better, protected in place will be credited an equivalent of 1:1 square inch.

2.

If existing trees and palms cannot be protected in place, as determined by the town, they must be relocated on site. Existing trees or palms of good quality or better relocated on site will be credited an equivalent of 1:1 square inch.

3.

If existing trees and palms cannot be relocated on site, as determined by the town, they must be made available to the town. The equivalent square inches must be replaced on site. Replacements must be three inch minimum caliper and will be credited towards meeting the planting requirements of this article.

4.

Credits applied to trees and palms protected in place or relocated on site must be labeled as protected-credit tree or palm. If the protected-credit tree or palm dies or declines below their original condition rating, they must be replaced by the number of credit trees taken.

(2)

Installation.

a.

Minimum setbacks from utility and other structures:

1.

Trees, palms, and shrubs: Eight feet from fire equipment.

2.

Trees: Twelve feet from street lights.

3.

Palms: Seven feet from street lights.

b.

Minimum tree spacing:

1.

Tree and palm spacing: Three times root ball size.

c.

Minimum pervious area per tree:

1.

Canopy tree, street tree or shade tree: Two hundred square feet.

2.

Understory trees and palms: Sixty-four square feet.

d.

Planting soil:

1.

Excavate planting areas to a minimum depth of 12 inches where existing soil is unsuitable. Backfill with approved planting soil.

e.

Mulch:

1.

Install and maintain mulch at a minimum thickness of three inches.

2.

Keep mulch six inches away from the trunks of trees, and three inches away from the base of shrubs.

3.

Decorative stone or gravel may be utilized upon approval by the town in lieu of mulch.

4.

Use of cypress mulch is prohibited.

f.

Staking:

g.

Brace/stake installed trees and palms.

h.

Prohibited species.

i.

The town adopts the current edition of the Florida Exotic Pest Plant Council Invasive Plant List provided at https://www.fleppc.org. Species listed as category 1 and category 2 are prohibited.

(3)

Cutler Bay Plant List. The Cutler Bay Plant List shall include the species listed below. Notwithstanding the foregoing, the Cutler Bay Plant List may be supplemented with additional native species, rockland hammock species, and pine rockland species in a supplemental Cutler Bay Plant List published by the town manager or town manager's designee.

(Ord. No. 12-03, § 2(3-103), 6-20-2012; Ord. No. 20-07, § 2(Exh. A), 7-15-2020; Ord. No. 22-10, § 2, 10-19-2022)

A tree/vegetation and root protection plan prepared by a landscape architect registered in the state shall be submitted at the time of permit approval and be part of development plans/landscape plans where required by this article. The tree/vegetation and root protection plan shall include details and specifications showing in graphic form how planting will be protected during development of the property. At a minimum, the plan shall indicate the following:

(1)

Tree protection barriers shall be placed around all trees identified by the tree/vegetation and root protection plan approved by the town. These barriers shall be installed prior to grading, construction, or other land disturbing activity and cannot be removed until after final inspection by the town. The barriers shall be constructed from any material substantial enough to protect the roots, trunk, and crown of the tree, such as 2x4 standards and 1x4 rails, silt fencing or orange silt fencing, a minimum four feet in height on metal or wood posts. The barriers shall be placed at least one foot from the tree trunk for each one inch in tree diameter, with a minimum distance of ten feet required from the edge of the trunk.

(2)

No soil disturbance or compaction, stock piling of soil or other construction materials, vehicular traffic, storage of heavy equipment are allowed in the tree/vegetation and root protection area or within the drip line of trees to be retained.

(3)

Dead trees and undesirable scrub growth shall be cut flush with adjacent grade and removed during construction. Tree stumps shall be ground with stump grinder or removed and filled.

(Ord. No. 12-03, § 2(3-104), 6-20-2012)

(a)

Removal of specimen trees over 18 inches in diameter, significant shrubs over 12 inches in diameter, and native tree and shrub species over four inches in diameter is permitted after obtaining site plan approval and/or in the event of hazards posed by vegetation a tree removal permit from the county shall be obtained.

(b)

The disturbance of any landscaped area or vegetation required by this article shall constitute a violation. All disturbed landscaped areas and vegetation shall be replanted so as to meet the standards of this article and/or the approved site plan for the development and/or property. Where the vegetation that has been disturbed or damaged existed on the site at the time the development was approved, all replacement vegetation shall meet the standards set forth in this article.

(c)

Trees or landscape vegetation that die or are stressed shall be removed and replaced with new vegetation consisting of one or a combination of any of the following measures:

(1)

Replant according to the requirements of this article and/or the approved landscape plan for the development. If no approved landscape plan for the development is on file with the town, a landscape plan denoting the proposed vegetation replacement shall be submitted to the town for approval.

(2)

Replace damaged vegetation with an equal amount of new vegetation according to the size of vegetation removed. Any tree with a DBH of at least 12 inches which is damaged or removed shall be replaced with one or more trees which have a cumulative DBH equal to or greater than the original tree. A landscape plan denoting the proposed installation shall be submitted to the department for approval.

(3)

Native and permitted non-native trees with a DBH of less than two and one-half inches and below eight feet in height shall not qualify as native or permitted non-native trees for the purpose of replacement.

(4)

Replanting of damaged tree/vegetation shall be located within the general vicinity of the removed tree or in a location approved by the town.

(d)

Stop work orders shall also apply for damaging and/or destroying significant vegetation, interior specimen or significant vegetation, landscaping, or tree preservation areas.

(Ord. No. 12-03, § 2(3-105), 6-20-2012)

(a)

Listings of all prohibited trees and plant material, native and approved non-native trees and approved shrubs and ground covers shall be found in the county comprehensive development master plan conservation, aquifer recharge and drainage element — Policy CON-8I (prohibited species list), and the county landscape manual, as may be amended. See also Urban Trees for Florida, Florida Department of Agriculture and Consumer Services.

(b)

Prohibited trees and plant material are prohibited and shall be removed from sites and shall not be planted, grown, or offered for sale in the town.

(c)

Native and approved non-native trees with a DBH of less than two and one-half inches and below 16 feet in height, and trees which are diseased or weakened by age or injury, shall not qualify as approved native or non-native trees for the purpose of replacement.

(Ord. No. 12-03, § 2(3-106), 6-20-2012)

All automatic irrigation systems must have a functioning rain shut-off device. The Town will conduct inspections of all new irrigation systems and those submitted as part of a building renovation application for compliance with this provision.

(Ord. No. 16-03, § 2(3-107), 4-20-2016)

(a)

Permit required. No person shall install artificial turf without first obtaining a permit from the town community development department.

(b)

Permissible locations.

(1)

Generally. Artificial turf may be installed in any zoning district except the estate residential (ER), single-family residential (SR), neighborhood residential (NR), conservation (CON), and water use (WU) zoning districts.

(2)

Use of Artificial Turf in Driveways. Notwithstanding the foregoing, the use of artificial turf as a decorative element within residential driveways is permissible in the estate residential (ER), single-family residential (SR), and neighborhood residential (NR) zoning districts, subject to the requirements provided in this Section. Additionally, artificial turf strips within residential driveways shall not exceed six inches in width and shall not exceed 25 percent of driveway surface area. Artificial turf featured as a decorative element within a residential driveway shall be calculated as an impervious area.

(c)

Artificial turf minimum requirements. Artificial turf shall comply with the following installation, maintenance, and repair requirements:

(1)

All artificial turf shall be installed according to the manufacturer's specifications and shall be lead-free and designed for the intended use.

(2)

All seams shall be nailed and glued, or sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

(3)

All artificial turf installations shall be anchored to ensure that the turf will withstand the effect of wind.

(4)

An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required to separate artificial turf from soil and live vegetation.

(5)

Precautions for installation around existing trees shall be provided to ensure that tree roots are not damaged with the installation of the base material and that the overall health of the tree will not be compromised.

(6)

All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and repairs shall be done with like materials from the same manufacturer and done so in a manner that results in a repair that blends in with the existing artificial turf.

(7)

Artificial turf shall not be installed within permanent drainage features (e.g., ponds, swales, and etc.).

(8)

All artificial turf shall be installed on a permeable backing or subbase system that is pervious and contributes to stormwater drainage and groundwater recharge, except that rubber infill may be utilized with artificial turf for institutional and recreational uses.

(9)

All artificial turf shall be maintained to ensure ground permeability, retention of a green fadeless condition, and proper cleanliness free of dirt, animal waste, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance shall include, but not be limited to cleaning, brushing, debris removal; repairing of depressions and ruts to maintain a visually-level surface; elimination of any odors, flat or matted areas, weeds, and evasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes.

(10)

Artificial turf shall be visually level, with the grain pointing in a single direction.

(11)

Artificial turf shall not be installed within a driveway approach or swale area located on public property.

(Ord. No. 22-01, § 2, 2-16-2022; Ord. No. 23-06, § 2, 11-15-2023)