Editor's note— The Miami-Dade County Landscaping Ordinance is not set out herein, but is on file and available for inspection in the office of the city clerk.

Landscaping and open space shall be regulated by Chapter 18A, Miami-Dade County Landscape Ordinance and associated Landscape Manual and the City of Hialeah Gardens Design Guidelines and this article. Where there is conflict the most stringent or restrictive regulations shall apply. These regulations shall be considered the minimum standards which shall be enforced by the city. Additional landscaping may be required by the city in order to maintain and enhance its aesthetic environment.

If a building permit is issued for renovating or remodeling within a commercial or industrial-zoned property, the city reserves the right, during site plan review prior to issuing the building permit, to require additional trees and landscaping to supplement existing landscaping.

(a)

Exemptions. Lots or parcels of land, on which a single-family home is used as a residence in the E-1, R-1 and R-2 residential district(s), shall be exempt from all provisions of these regulations. This shall not exempt any residential developments that require the approval of a site plan by the technical review committee.

(b)

Additional exemptions from tree protection standards.

(1)

Utilities. Any utility operators (publicly or privately owned) may remove, without permit but with prior written notice to the building department, protected trees located within utility easements and public rights-of-way that endanger public safety and welfare, or are interfering with utility service. When needed to restore interrupted service under emergency conditions, utility operators may remove trees immediately and without prior written notice.

(2)

Nurseries. All commercial nurseries, botanical gardens and tree farms shall be exempt from the provisions of this article.

(c)

Required landscaping.

(1)

Landscaped open space.

a.

The amount of landscaped open space required shall be provided as specified for each zoning district as enumerated in Article V, Development and Design Standards. Such space may include entrance features, greenbelts, unpaved passive areas, and other similar landscaped open space at ground level (See Article V, Development and Design Standards).

b.

Continuous, extensively planted eight-foot wide greenbelts, penetrated only at approved points for ingress or egress to the property, shall be provided along all property lines abutting public right-of-way and/or business (BU) or industrial (IN) properties abutting residential districts.

c.

Trees, as defined in Miami-Dade Code, Chapter 18A, pertaining to landscaping, shall be provided on the basis of one tree for each 1,000 square feet of required landscaped open space, with a minimum of four trees to be provided.

d.

All canal and lake shorelines within the city shall be preserved, landscaped and maintained by the abutting property owners or the city.

(2)

Parking areas.

a.

Landscaping in parking areas shall be regulated by Chapter 18A, County Landscaping Ordinance. Additionally, one landscaped island five feet wide shall be provided between every ten spaces.

(3)

Use of required landscape areas. No accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this article shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities.

(d)

Use of native plants and xeriscape principles.

(1)

The use of native plants and principles of xeriscape shall be encouraged.

(2)

Prohibited plants are those listed in the Miami-Dade County Landscape Manual and considered detrimental to the ecosystem.

(e)

Signs and lighting. Signs and lighting must be designed, installed, and constructed in accordance with City Ordinance 2004-11 (Urban Design Guidelines), which is incorporated by reference herein.

(Ord. of 9-25-06)

(a)

Landscaping which is installed during the construction and/or renovation of properties within the city, shall have an appropriate irrigation system installed and maintained in order to ensure the survival and growth of the installed landscaping.

(b)

It shall be the responsibility of the owner and/or lessee of developed real property to perpetually maintain such irrigation system in an operable condition.

(c)

Irrigation systems required in accordance with this section shall comply with the provisions of Chapter 18A, County Landscaping Ordinance.

(d)

Failure to comply with this section may result, at the discretion of the city, in fines, code compliance orders and/or local business tax receipt revocation.

(e)

Single-family and two-family developments shall be exempted from this section except if they include common areas.

(Ord. of 9-25-06; Ord. No. 2008-06, § 3, 9-16-09)

(a)

All landscaping and irrigation must be installed according to certified plans approved by the city before a certificate of occupancy is issued. The landscaping and irrigation plan shall be signed and sealed by a landscape architect or the professional of record.

(b)

Every five years from the issuance date of a certificate of occupancy, a property owner or lessee must recertify its landscaping and irrigation plan. The city shall recertify a property owner's or lessee's landscaping and irrigation plan only if the trees, hedges, shrubbery, grass, ground cover and other plantings are viable, sustainable and properly maintained as represented on the landscaping and irrigation plan or site plan approved by the city at the time of issuing the certificate of occupancy. The city shall inspect the property and then notify the property owner or lessee to recertify the property on payment of an inspection fee according to a fee schedule established by administrative order of the city council and in compliance with this section.

(c)

If a property owner or lessee does not recertify its property as provided herein, the city may suspend or revoke all local business tax receipts issued to the property address of the property owner in addition to other remedies provided in the code. Recertification shall apply to landscaping and irrigation plans approved by the city after August 15, 2006.

(Ord. of 9-25-06; Ord. No. 2008-06, § 3, 9-16-09)

(a)

If a building permit is issued for renovating or remodeling a development within a commercial or industrial-zoned property, the city reserves the right, during site plan review prior to the issuing the building permit, to require additional trees and landscaping to supplement existing landscaping.

(Ord. of 9-25-06)

(a)

The intent and purpose of pathways with greenbelts adjacent to lakes is to create an aesthetically pleasing component of the city. Construction and improvements on any property, which abuts or is adjacent to a lake within the city, must include the following improvements adjacent to or abutting a lake within the city:

Location and components:

(1)

A five-foot wide sidewalk adjacent to the lakes from the top of the banks.

(2)

An eight-foot wide greenbelt adjacent to the sidewalk with landscape material.

(3)

A one-foot wide strip for guardrail.

(4)

Planting standards for trees: trees shall be a minimum of 12 feet in height at the time of planting.

(5)

Tree types required: a minimum of 75 percent of all trees required within the landscape greenbelt shall be shade trees, as defined in Chapter 18A.

(6)

Planting standards for shrubs: shrubs, as defined in Chapter 18A, shall be a minimum of 24 inches in height at the time of planting.

See City Ordinance 2004-11 (Urban Design Guidelines) for more details.

(Ord. of 9-25-06)

The owner of real property within the city (the "swale") shall maintain the swale area which abuts their property. Such maintenance responsibility shall include, but is not limited to, maintaining grass or other appropriate vegetation in a healthy and dense enough manner to provide for water and run-off filtering while protecting underlying soils from erosion, for replacing vegetation where soils are exposed, for mowing on a regular basis to maintain a maximum grass height of three inches, and for maintaining proper elevations within the swale.

(Ord. No. 2017-02, § 1, 2-21-17)