It is the intent of this article to establish and require enforcement of landscape standards that will enhance, improve, and maintain landscaping in the Village through the application of following principles:

(a)

Promote xeriscape by encouraging the use of drought-tolerant landscape materials, grouping of plant material by water requirements and irrigation systems that conserve the use of potable water supplies.

(b)

Use landscape materials to visually define the hierarchy of roadways, and to provide shade and visual edge along roadways.

(c)

Prevent the destruction of the existing tree canopy and promote its expansion.

(d)

Provide for the preservation of the existing natural forest communities, specimen trees, re-establish the native habitat along the beach, and encourage the use of native plant material.

(e)

Promote the use of trees and shrubs for energy conservation by encouraging cooling through the provision of shade and the channeling of breezes, thereby helping to offset global warming and effects of added absorption of carbon dioxide.

(f)

Contribute to the processes of air movement, air purification, oxygen regeneration, ground water recharge, stormwater runoff retention, while aiding in the abatement of noise, glare, heat, air pollution and dust generated by impervious areas.

(g)

Improve the aesthetic appearance of the Village through the use of plant material, thereby protecting and increasing property values.

(h)

Reduce the negative impacts of invasive plant species as identified by the Florida Exotic Pest Plan Council and prohibit the use of noxious exotic plants which invade native plant communities.

(i)

Promote the concept of planting the appropriate tree in the correct location to avoid problems such as clogged sewers, cracked sidewalks, and power service interruptions.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

The provisions of this chapter shall be considered minimum standards for all Village zoning districts, and shall apply to new construction on vacant Lots and for construction projects that have a value of 50 percent or greater of the assessed value of the Building(s) on a site.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Landscape plan required. All new construction of Main Permitted Uses and substantial rehabilitation work where the value of the improvements exceeds 50 percent of the assessed value of the Building, shall be required to submit a landscape plan. No building permit shall be issued until the Building, Zoning, and Planning Department has approved the landscape plan. A final certificate of occupancy shall not be issued until the landscaping shown on the landscape plan has been installed and approved by the Building, Zoning, and Planning Department. All landscape plans for new construction on vacant Lots shall be signed and sealed by a landscape architect licensed to practice in the State of Florida.

(b)

Components of a landscape plan. A landscape plan must:

(1)

Be drawn to scale, and include dimensions, property boundaries, north arrow, and street names.

(2)

Include a survey of the existing trees on the property with a diameter of three inches or greater measured at four feet above the base of trunk, with identification of non-exotic (see subsection 30-234(a)) trees.

(3)

Delineate existing and proposed Structures, Parking areas or other vehicular Use areas, Access aisles, sidewalks, driveways, the location of utilities and Easements, and similar features.

(4)

Designate common and botanical name, location, size (in height, spread and trunk caliper at four feet about base of trunk), quantity, and grade of living plant material proposed to be installed or maintained on the site.

(5)

Provide planting specifications to current American Association of Nurserymen landscape standards including but not limited to staking, fertilization, top soil, mulching, and applicable drainage and any subsurface treatments.

(6)

Identify and describe the location and characteristics of all non-living landscape materials to be used, such as fences, walls or pavements.

(7)

Show all landscape features, areas of vegetation required to be preserved by law, (including but not limited to trees, plants, shrubs, native habitats, wetlands, and mangroves), in context with the location and outline of existing and proposed Buildings, fences, and other structural improvements being contemplated on the site.

(8)

Indicate method to protect trees and native plant communities during construction according to the Miami-Dade County Landscape Manual standards.

(9)

Include a tabulation showing the statistical information necessary to evaluate compliance with the Article including net Lot area, quantity, size, and species of all plant material to be planted, preserved, or relocated; square footage of paved area; and such other information as may be required by the Building, Zoning, and Planning Director to make a determination that the landscape plan meets the requirements of this article.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

All landscape plans shall be reviewed in accordance with the following goals and objectives:

(1)

Landscape design shall enhance architectural features, relate structural design to the site, visually screen dissimilar Uses and unsightly views, reduce noise impacts from roadways and incompatible Uses, strengthen vistas and reinforce neighborhood site design and architecture.

(2)

Existing specimen trees and native vegetation shall be preserved in place to the maximum extent possible or relocated within the site.

(3)

The Landscape plan shall include native plant species to the maximum extent possible and shall in no event contain less than 30 percent of native landscaping.

(4)

Trees and shrubs shall be used to reduce energy consumption by shading Buildings and paved surfaces.

(5)

Street trees shall be used to shade roadways, sidewalks, and provide visual order. All Street tree planting shall conform to the Village's Street Tree Planting System.

(6)

Trees and shrubs shall be placed on the site in locations that take into consideration overhead utility lines, proximity to native plant communities, septic tanks, and sewer lines.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Applicability. All Developments which are required to submit a landscape plan shall also provide an in-ground irrigation system with the exception of the following:

(1)

Single Family homes where drought-tolerant, xeriscape landscaping has been utilized.

(2)

Duplexes and Townhomes on Sites that are 7,000 square feet or less where drought-tolerant, xeriscape landscaping has been utilized. However, hose bibs shall be placed on the Building at 75-foot intervals.

(b)

Components of an irrigation plan. Required irrigation plans shall:

(1)

Be drawn at the same scale as the landscape plan.

(2)

Delineate the areas that are to be landscaped.

(3)

Delineate existing and proposed Structures, Parking areas or other vehicular Use areas, Access aisles, sidewalks, driveways, the location of utilities and Easements, and similar features.

(4)

Include water source, design operating pressure and flow rate per zone, total volume required for typical depths of application, and application rate.

(5)

Include locations of pipes, controllers, valves, sprinklers, backflow prevention devices and electrical supply.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Tree removal permit required. No Person shall cut down, destroy, remove, relocate, destructively damage or cause to be cut down, destroyed, removed, relocated or destructively damaged any tree without first obtaining a permit from the Village. The issuance of a tree removal permit from the Village shall require proof that a permit has been obtained from the Miami-Dade County Department of Resource Management, if such permit is required by Division 2 "Tree Preservation and Protection" of Chapter 24 of the Miami-Dade County Code of Ordinances, as may be amended from time to time.

(1)

Schinus terebinthifolius (Brazilian Pepper/Florida Holly).

(2)

Metopium toxiferum (Poison Wood).

(3)

Casurina equisetifolia (Australian Pine).

(4)

Melaleuca Quinquenervia (Melaleuca).

(5)

Araucaria Heterophylal (Excelsa, Northfolk Island Pine).

(6)

Brassaia Actinophylla (Schefflera).

(b)

Permit Fee. The Village Council shall establish a fee for tree removal permits. However, no fee shall be charged for a permit to remove the following:

(1)

Schinus terebinthifolius (Brazilian Pepper/Florida Holly).

(2)

Metopium toxiferum (Poison Wood).

(3)

Casurina equisetifolia (Australian Pine).

(4)

Melaleuca Quinquenervia (Melaleuca).

(5)

Araucaria Heterophylal (Excelsa, Norfolk Island Pine).

(6)

Brassaia Actinophylla (Schefflera).

(7)

Bischofia javanica (bishopwood).

(8)

Ricinus communis (castorbean).

(9)

Psidium guajava (guava).

(10)

Albizia lebbek (woman's tongue).

(11)

Acacia auriculaeformis (earleaf acacia).

(12)

Adenanthera pavonina (red sandalwood).

(13)

Cupaniopsis anacardioides (carrotwood).

(14)

Dalbergia sissoo (Indian dalbergia, sissoo).

(15)

Ficus microcarpa (=R. nitida: =F. retusa varnitida) (laurel fig).

(16)

Flacourtia indica (governor's plum).

(17)

Hibiscus tiliaceus (mahoe).

(18)

Leucaena leucocephala (lead tree).

(19)

Mimosa pigra (catclaw mimosa).

(20)

Thespesia populnea (seaside mahoe).

(21)

A dead or fatally diseased tree, which meets the requirements of subsection (d)(7).

(22)

A tree that has a chronic pest infestation or other persistent harmful condition, which meets the requirements in subsection (d)(8).

(23)

A tree causing substantial damage to hardscape features or structures, which meets the requirements in subsection (d)(9).

(c)

Application. The Tree Removal Permit Application shall contain the following information:

(1)

Location of the tree to be removed.

(2)

A survey of the property showing the Buildings, Easements, utility services.

(3)

If the permit request is supported by the criteria of subsections (d)(7), (d)(8) or (d)(9), the required statement of a professional holding an International Society of Arboriculture Arborist Certification.

(4)

The Building, Zoning and Planning Director may waive the requirements of subsections (c)(1) and (c)(2), upon a determination that the required information can be obtained in the Village records or through a site visit.

(d)

Tree removal evaluation criteria. No tree may be removed unless one of the following conditions exists, as determined by the Building, Zoning, and Planning Director:

(1)

A Site Plan is submitted by the applicant that demonstrates a proposed Structure can be situated on the property only if specifically identified tree(s) are removed or relocated.

(2)

The tree(s) is (are) located in such proximity to existing or proposed Structures that the utility or structural integrity of such Structures is or will be materially impaired.

(3)

The tree materially interferes with the location, servicing, or functioning of Public Utility lines or service, and such interference cannot be mitigated by trimming or pruning.

(4)

The tree obstructs views of oncoming traffic or otherwise creates a substantial traffic hazard, and such obstruction or hazard cannot be mitigated by trimming or pruning.

(5)

Any law or Regulation that requires such removal.

(6)

The tree is one listed in subsections 30-235(b)(1)—(20).

(7)

A statement is submitted by a professional holding an International Society of Arboriculture Arborist Certification demonstrating that the tree is:

a.

Fatally diseased; or

b.

Suffering from a chronic irreversible disease.

(8)

A statement is submitted by a professional holding an International Society of Arboriculture Arborist Certification, demonstrating that the tree is affected by a pest infestation affecting the owner's reasonable use and enjoyment of the property for which there is no scientifically recognized treatment to control the infestation, or alternatively, if there is such a recognized treatment, that such the recognized treatments have been applied as recommended and have been ineffectual in controlling the infestation.

(9)

For single or two-family residential properties, a statement is submitted by a professional holding an International Society of Arboriculture Arborist Certification, demonstrating that the tree's root system has caused material damage to impervious exterior hardscape elements or structures (excluding elements constructed using movable sand-set pavers) and that the owner has unsuccessfully exhausted all available and approved methods to resolve the condition causing such damage, including but not limited to. root pruning or installation of root barriers, and that there is no practical alternative to rectify or mitigate the damage except for removal of the subject tree.

(10)

A tree removal permit application may pertain only to a tree located on the applicant's own Lot, and not to any tree located on another owner's Lot or in the public right-of-way of other Village owned land.

(e)

Replacement trees.

(1)

Any tree that is removed must be replaced with:

a.

A single tree with not less than the same number of inches of caliper diameter and the same canopy diameter as the removed tree; or

b.

Trees that cumulatively provide not less than the same number of inches of caliper diameter and the same canopy diameter as the removed tree; or

c.

In the Manager's discretion based on a finding of hardship, trees that cumulatively provide as substantial a canopy replacement as is practicable under the circumstances.

All replacement trees must be on the same site from which the tree was removed, except in cases of hardscape disruption and otherwise as approved by the Director.

(2)

If as a result of any tree removal, the Lot or property contains less than the minimum number of required trees specified in subsection 30-238(2), a replacement tree or trees must be planted on the subject Lot or property to satisfy the requirements of subsection 30-238(1) and (2): provided that if the removed tree is one of the trees identified in subsections 30-235(b)(1)—(20) and if such removal results in less than the minimum number of required trees specified in subsection 30-238(2), then, in such instance only, the Lot owner will not be required to plant a replacement tree or trees to satisfy the requirements of subsections 30-238(1) and (2). If a tree that is subject to permitted removal is to be destroyed, in the discretion of the Manager, the Village may, but shall not be required to, arrange for the removal and relocation of the tree to Village property at the Village's cost, and such tree shall be the property of the Village if it is relocated by the Village.

(3)

Where tree removal on a Lot results in less than the minimum quantity of trees specified in subsection 30-238(2), and where the removed trees are not replaced on the subject Lot due to Manager's finding of hardship, the applicant shall either:

a.

Replace a minimum of 50 percent of the removed canopy with a single tree or with multiple trees; or

b.

Donate a tree to the Village that has a minimum of 50 percent of the removed canopy: unless the Manager determines otherwise based on hardship.

(f)

Removal of trees on public lands. No trees shall be removed from any public land including, but not limited to Rights-of-Way and swale areas, without the approval of the Building, Zoning, and Planning Director and Village Manager.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10; Ord. No. 2013-2, § 2, 4-9-13)

(a)

During any construction or land Development, protective barriers of specifications approved by the Building, Zoning, and Planning Director shall be placed and maintained around all trees to be retained on site to prevent their destruction or damage. The Developer shall use every precaution possible to avoid damaging such trees by preventing the use or storage of materials or equipment, compaction of soil over roots and/or the contamination of soil with such materials as paint, oil, solvents, asphalt, concrete, mortar, and the like, within the drip line.

(b)

No attachments other than those of a protective or non-damaging nature shall be attached to any tree except those trees approved to be removed.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

All trees shall be trimmed in accordance with the National Arborist Association Standards except for the following tree species:

(1)

Australian Pine

(2)

Avocado

(3)

Brazilian Pepper

(4)

Citrus Species

(5)

Bischoefia

(6)

Mango

(7)

Melaleuca

(8)

Norfolk Island Pine

(9)

All palm species

(10)

Poison Wood

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

The following standards shall be considered minimum requirements for all landscape plans:

(1)

Tree size.

a.

Minimum height at time of planting: 14 feet.

b.

Minimum diameter of tree trunk at four feet above crown of root structures 2.5 inches.

c.

Minimum tree canopy to be seven feet in diameter, centered on the trunk.

(2)

Minimum number of trees.

a.

A maximum of 40 percent of the tree requirement may be satisfied with palm trees. If palm trees are provided, every three palms shall be counted as one canopy tree.

b.

Minimum height of palms to be considered for shade tree substitutes shall be 12 feet.

c.

Prohibited trees and Street trees shall not be counted towards meeting this requirement.

(3)

Shrubs and hedges—Quantity, height and spacing at time of planting.

(4)

Uncovered, surface Parking Lot buffer and interior planting. The perimeter of each Parking Lot adjacent to any property line Lot shall be planted with a five-foot wide strip of hedge and shade trees at a spacing of one per 30 linear feet.

The net interior area of all Parking Lots (the area exclusive of the Setbacks and buffer planting area), shall contain ten square feet of landscaped area per Parking space and shade trees shall be planted within this area at a rate of one tree per 80 square feet of resultant landscaped area.

(5)

Plant quality and Native Species Requirement. All material shall meet or exceed the minimum standards for Florida Number One as provided in the most current edition of "Grades and Standards for Nursery Plants, Part I and II," prepared by the State of Florida Department of Agriculture and Consumer Services. At least 40 percent of all required plant materials must be native species.

(6)

Supplemental Single Family and Duplex Zoning District Landscaping Regulations. These Regulations are in addition to those listed above. Single Family homes and Duplexes shall provide the following landscaping prior to the issuance of any type of occupancy or approval to occupy the Building. The landscaping shall be maintained and remain in place for the life of the Building. If the landscaping is replaced a permit is required and shall include materials that match the below specifications:

a.

In no instance shall the Front Yard have less than one shade tree and three palms, or two shade trees.

b.

In any Yard which faces a Street, shrubs shall be provided at the ratio of 20 per tree.

c.

When the Structure has a side Wall in excess of 35 feet in length, there shall be a dense hedge of minimum 30-inch height planted 24 inches on center along the property line adjacent to all portions of the Wall greater than 35 feet.

d.

On non-waterfront Residential lots, the area within five feet of a side Lot line that is also within 25 feet of the rear property line shall be planted with a dense, landscape screen at a height of at least four feet at time of planting, planted 36 inches on center, and attaining at least a ten-foot height. Within that same area on waterfront Residential lots, a hedge of minimum 24-inch height and 24 inches on center must be planted and cannot exceed a height of four feet.

e.

On non-waterfront Residential lots, for those portions of the Structure with a rear Setback of less than 25 feet, the area within five feet of the rear property line shall be planted with a dense, landscape screen at a height of at least four feet at time of planting, planted 36 inches on center, and attaining at least a ten-foot height.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

All tree pruning shall conform to current standards of the National Arborist Association. Hatracking or topping shall not be permitted; however, crown reduction in excess of one-third shall be permitted under the following conditions:

(1)

If a tree interferes with utility lines or utility Structures.

(2)

If a tree has storm damage and in the opinion of the Building, Zoning, and Planning Director should be hatracked or topped in order to preserve the tree.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

The Village shall utilize the Miami-Dade County Landscape Manual until such time as one is developed by the Building, Zoning, and Planning Department and adopted by Council resolution. The purpose of the manual is to provide illustrative interpretations of the Regulations listed in this article, best landscape practices, and related guidelines to insure that landscaping is installed and maintained in a manner that is consistent with the objectives [of] these Regulations.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

No certificate of occupancy or certificate of completion shall be issued until such time as all of the required landscaping is installed and approved by the Building, Zoning, and Planning Department. However, nothing herein shall prevent the issuance of a temporary certificate of occupancy so long as at least the sod portion of the landscaping has been installed.

(Ord. No. 2010-6, § 2(Att. A), 10-12-10)

(a)

Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this section:

(1)

Corner Lot. A Lot located at the intersection of two streets and abutting such streets on two adjacent sides.

(2)

Artificial Turf. An artificial product manufactured from synthetic materials that simulates the appearance of natural turf, grass, sod or lawn.

(b)

Installation.

(1)

Single Family and Two-Family Districts. Within the VR, VE, IR and PS Districts, Artificial Turf shall not be permitted to be installed within a Front Yard of any Lot, or within a Street Side Yard of a Corner Lot.

(2)

Other Districts. Within all other zoning districts with the exception of the PROS Public Recreation and Open Space Use District and the GU Government Use District, Artificial Turf shall not be permitted to be installed within a Front Yard, or within a Side Yard facing a Street. Notwithstanding the foregoing, Artificial Turf shall be permitted to be installed in the Institutional District for use in playgrounds and playing fields, as identified in the approved site plans for the property.

(3)

Exception. Notwithstanding the provisions of this subsection (b), Artificial Turf may be permitted along a private street or along a private right-of-way so long as it is not seen from the public right-of-way.

(c)

Installation, Maintenance and Repair.

(1)

No person shall install Artificial Turf without first obtaining a permit from the Village Planning, Building and Zoning Department.

(2)

All Artificial Turf shall, at a minimum, be installed according to the manufacturer's specifications.

(3)

Reserved.

(4)

All seams shall be nailed and glued, not sewn, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

(5)

If Artificial Turf is planned to be installed immediately adjacent to a seawall, the Artificial Turf shall be pinned or staked behind the seawall. No Artificial Turf or installation mechanism shall be attached directly to or placed on a seawall or seawall cap.

(6)

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

(7)

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

(8)

Precautions for installation around existing trees, including a proper radius, 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.

(9)

All Artificial Turf shall be maintained in a green fadeless condition and shall be maintained 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)

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, without any matting.

(11)

All Artificial Turf shall be installed on a permeable backing in order to ensure proper drainage.

(12)

All Artificial Turf shall be of the highest quality available from a list of Village-approved manufacturers, and shall be a natural green color selected from a palette of colors approved by the Village.

(Ord. No. 2013-10, § 2, 12-3-13; Ord. No. 2021-08, § 2(Exh. A), 10-26-21; Ord. No. 2024-19, § 2, 10-15-24)