(a)

All development within the Town shall comply with Chapter 18A of the Miami-Dade County Code of Ordinances at the time of its original construction, except as may be otherwise required by the Town's Code of Ordinances.

(1)

All plantings installed as of February 5, 2019 shall be consistent with the "Beautification Master Plan", the "Tree Management Plan", and as provided below, and follow ANSI 300 (Part 6), Planting and Transplanting Standards and ANSI Z60.1 as a Florida Grade no. 1 standard. Pursuant to this section, replanting will be required of any tree that is deemed unacceptable by the Town.

(2)

No building permit for development and/or exterior construction shall be approved unless it is found to comply with the planting of official, approved street trees within the adjacent swale and median in conformity with the Town's adopted "Beautification Master Plan" and "Tree Management Plan" and under the Town's supervision.

a.

Exterior construction, for purposes of this section shall mean any new construction, addition or substantial improvement to the existing structure, as defined by Florida Building Code.

b.

All requests for permits, as defined above, shall require a tree disposition survey prepared by a professional surveyor, or, if unfeasible, an initial inspection of the existing plant material both within the property and adjacent swales and medians with corresponding fees associated.

c.

Relief from this section may be provided through the public hearing variance process, as provided in Article III.

(3)

All tree removals shall comply with Chapter 42 of the Town of Miami Lakes Code of Ordinances, as may be amended from time to time.

(b)

All single-family and two-family residences shall comply with Chapter 18A, Landscape Ordinance (see Section 13-1), and the following minimum standards.

(1)

Trees. Each lot shall have a minimum of three yard trees in addition to those planted in swale areas, one of which shall be planted within the front yard area and comply with the criteria listed below. Shade trees shall have a minimum diameter at breast height of two inches and a minimum height of twelve feet measured at time of planting.

a.

Two palms of twelve foot overall height or of a minimum caliper of three inches at time of planting may be substituted for only one of the three required shade trees.

b.

For new development, front yard trees shall comply with the species list provided at Section 13-1701(i), and a minimum of at least one front yard tree shall be a hardwood.

c.

Existing nonconforming properties which have legally permitted improvements that prevent them from complying with the minimum landscape standards shall be allowed to remain as is. However, where planting is possible within the front yard, it shall be required that the tree be chosen from Section 13-1701(i) or Section 13-17(h). The existing landscape area of nonconforming properties shall not be reduced any further. Relief from this section may be provided through an administrative variance.

(2)

Landscaped areas shall comprise a minimum of 40 percent of the required front yard setback. A minimum of 50 percent of the balance of the total required setback area for the main residence shall be landscaped. Landscaping can include all natural native plant materials including grass, ground cover, flowers, shrubs, hedges and others including xeriscape. Impervious areas, including brick pavers set in sand, will not be considered landscaped.

(3)

Shrubs. Each lot shall have, within the landscaped areas thereof, no less than ten shrubs of a minimum of 18 inches in height when measured immediately after planting, per required lot tree.

(4)

Hedges.

a.

Hedges shall not be permitted parallel to the front, side or rear street property line within the required front, side or rear street required yards except as provided in this section.

b.

Within a required yard, a hedge shall include any plant grouping, parallel to a property line, that is greater than ten feet in length or which is less than ten feet from any other plant grouping. A plant grouping shall include, but not be limited to, plant materials such as, grasses, ground covers, shrubs, vines, trees and rocks.

c.

In zero lot line developments, where a side and/or rear yard faces a street, a hedge shall be permitted, with a zero setback, along the required side and rear yard property line facing a street, set back a minimum of 20 feet from the front property line. Any such hedge shall comply with the corner visibility requirements in Subsection (h).

d.

In non-zero lot line developments, where a side and/or rear yard faces a street, a hedge shall be permitted, with a zero setback, along the required side and rear property line facing a street, provided that:

1.

The property is located in one of the following two areas:

West of the Palmetto Expressway and north of NW 154th Street; or

West of the Palmetto Expressway, south of 154th Street and west of NW 87th Avenue.

2.

The hedge shall be set back a minimum of 25 feet from the front property line.

3.

Any such hedge shall comply with the corner visibility requirements in Subsection (h).

e.

The maximum height of hedges located within a required yard, as may be otherwise allowed by this section, shall not exceed six feet with the following exceptions:

1.

For waterfront properties, hedges located waterward of the top of the slope or tie line shall not exceed a height of two and one-half feet.

2.

Hedges that are within a required street side yard or required rear yard along a street, and facing arterial or collector roadways shall have a maximum height of ten feet. Hedges that are within a required street side yard or required rear yard along a street, and facing a local street shall have a maximum height of eight feet. Hedges facing state roadways shall not have a height limit but must be maintained neat and trimmed.

3.

Hedges along the side property lines within the required front yard shall not exceed a height of two and one-half feet.

4.

Where a single family or two family property has a common lot line that is shared with a property that includes a single family or two family structure of two or more stories, the maximum hedge height along that common property line within the required yard shall be eight feet; provided, however, the height limitation of hedges along a side property line within the required front yard as specified in Subsection (a)(4)e.3. shall apply.

5.

Height between different districts. Where an RU District abuts another district, a hedge on the RU property may be erected or maintained on the common property line at the height permitted in the abutting district.

f.

Hedges for waterfront properties.

1.

Hedges along the side property lines shall not be permitted within ten feet of the water's edge. The water's edge is defined as the average high groundwater elevation.

2.

Hedges shall not be permitted to be placed parallel to the water's edge waterward of the top of the slope.

3.

Landscaping or hedges waterward of the top of slope but landward of the water's edge are allowed; however, hedges or plant groupings shall be placed no closer than ten feet from the water's edge. No hedge or plant groupings shall exceed two and one-half feet in height waterward of the top of the slope. Fences, wall[s] or rocks arranged to form a fence or wall or objects which restrict access or block views from adjacent properties are not permitted beyond the top of the slope toward the lake, or waterside of the survey tie line.

(5)

All existing hedges that do not comply with the above regulations shall either be removed if no longer permitted or trimmed to comply with the maximum height requirements.

(6)

All planted materials shall be maintained, trimmed and irrigated as required to maintain a neat and safe landscape environment. If any tree or plant which is being used to satisfy current landscaping requirements dies, such tree or plant shall be replaced with the same landscape material of the same size.

(c)

Existing properties that comply with these regulations shall not be permitted to construct any improvement which would reduce the existing landscaped area below the minimum required by these regulations unless a variance to these regulations is granted.

(d)

All other existing conforming properties shall not be permitted to construct any improvement which would reduce the existing landscaped area below the minimum required by these regulations unless a variance to these regulations is granted.

(e)

Hatracking of trees shall be prohibited. Hatracking is defined as flat-cutting the top of a tree, severing the leader or leaders, or the removal of any branch three inches or greater in diameter at any point other than the branch collar.

(f)

The swale areas shall be maintained by the abutting property owner. No structures or improvements of any kind, with the exception of mailboxes approved by the United States Postal Service, sod, annuals or perennials, driveway approaches and shade trees approved by the Town, shall be permitted within the swale areas.

(1)

Trees planted in the swale area are the property of the Town and may not be removed or trimmed by the abutting property owner without approval of the Town.

(2)

Requests for tree removal within the swale area shall be made pursuant to Article 42 of the Town's Code of Ordinances, as may be amended from time to time.

(g)

Ornamental landscape features such as statues or fountains less than four feet high and decorative ponds less than 24 inches deep are permitted as accessory structures within any required yard.

(h)

Corner visibility. No hedge, shrub or planting which obstructs sight lines at elevations between 2.5 and eight feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the outer edge of the paved streets extended and a line connecting them at points 25 feet from the intersection of the extended street lines. The same height sight-line limitations shall apply on any lot within ten feet from the intersection of a street right-of-way line with the edge of a driveway pavement. No tree shall be permitted to remain within such distances or such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Waivers of the corner visibility requirements may be administratively approved by the Public Works Director.

(i)

List of approved shade trees. Trees denoted with "*" are native species.

(1)

Hardwood Canopy Trees.

a.

*Live Oak/Quercus virginiana.

b.

Japanese Fern tree/Filicium decipiens.

c.

*Gumbo Limbo/Bursera simaruba.

d.

*Green Buttonwood/Conocarpus erectus.

e.

Golden Shower/Cassia fistula.

f.

Floss Silk/Chorisia speciosa.

g.

Beauty Leaf/Calophyllum brasilliense.

h.

*East Palakta Holly/Ilex Attenuata.

i.

*Ironwood/Krugiiodendron ferreum.

j.

*Pigeon Plum/Cocoloba diversifolia.

k.

* Wild Tamarind/Lysiloma latisliqua.

l.

* Satin Leaf/Chrysophyllum oliveforme.

m.

* Paradise tree/Simarouba glauca.

n.

* Allspice tree/Pimenta dioica.

o.

Golden Rain tree/Koelreuteria paniculate.

p.

Pink Trumpet/Tabebuia heterophylla.

q.

Jacaranda/Jacaranda mimosifolia.

r.

Japanese blueberry/Elaeocarpus decipiens.

(2)

Palm Trees.

a.

Alexander Palm/Ptychosperma elegans.

b.

Bismark Palm/Bismarkia nobilis.

c.

Canary Island Date/Phoenix canariensis.

d.

Hurricane Palm/Dictyosperma album.

e.

*Paurotis Palm/Acoelorrhaphe wrightii.

f.

* Sabal Palm/Sabal palmetto.

g.

Senegal Island Date/Phoenix reclinata.

h.

Red or Blue Latan/latania lontaroides.

i.

Sylvestris Palm/Phoenix sylvestris.

(LDC 2008, Div. 7.1; Ord. No. 08-102, § 2(Div. 7.1), 6-17-2008; Ord. No. 13-156, § 3, 4-23-2013; Ord. No. 16-195, § 2, 9-6-2016; Ord. No. 19-235, § 3(Exh. A), 2-5-2019)

(a)

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

Accessory use solar energy system means a solar energy system with the legally permitted use of providing for the collection, storage, and distribution of solar energy for the use or benefit of the primary use onsite. The solar energy system should be sized such that the energy produced is reasonably equivalent to the onsite use or less; any selling of excess energy is incidental and in accordance with state law and utility net metering policy.

Ground-mounted solar energy system means a solar energy system where the solar collectors are arranged on one or more racking systems structurally anchored to the ground by foundations or mounted on ballasted footings where appropriate.

Pole-mounted solar energy system means a solar energy system where the solar collectors are arranged on a racking system elevated from and structurally attached to the ground by a pole anchored directly into the ground.

Primary use solar energy system means a solar energy system with the legally permitted use of providing for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating for use primarily offsite.

Solar collector means a component of a solar energy system with the primary purpose of transforming solar radiant energy into thermal, mechanical, chemical, or electrical energy.

(b)

Solar energy systems, accessory use.

(1)

Accessory use solar energy systems are permitted by right in all zoning districts and shall comply with the conditions established in this section, all applicable development standards for each zoning district, and permitting requirements.

(2)

Prior to issuing permits, the administrative official may request that the property owner provide written certification that the energy produced by the solar energy system is reasonably equivalent to the electrical usage of the property and any selling of excess energy is incidental. This provision shall not have the effect of prohibiting the installation of solar energy systems on properties without historical usage data, in accordance with F.S. § 163.04.

(3)

Rooftop systems.

a.

Sloped roofs—Height. On sloped roofs, the highest point of the solar collectors shall not exceed the highest rooftop peak and must be installed parallel to the roof surfaces to which they are attached provided such location does not impair the effective operation of the solar collectors. Solar collectors may be mounted up to one foot above roof surfaces to which they are attached.

b.

Flat roofs—Height. On flat roofs, the highest point of the system shall be permitted to exceed the district's height limit by a maximum of six feet above the rooftop to which it is attached.

(4)

Ground-mounted systems.

a.

Ground-mounted solar energy systems shall not exceed the lesser of 25 feet or the height of the primary structure.

b.

Ground-mounted solar energy systems shall not be located closer than six feet from the primary structure, unless the system is architecturally integrated into the primary structure or form part of another accessory structure, including, but not limited to, gazebos, awnings, carports, shade structures, or other such structures as determined by the planning and zoning administrator.

c.

Screening and fencing. Systems over six feet shall be required to be either screened with an opaque fence, or preferably, integrated into the main structure or an accessory structure such as a gazebo, carport or shade structure. Systems under six feet shall be screened with landscape, opaque fence or combination. The planning and zoning administrator may recommend additional or alternative specific types of fencing, screening, and/or walls appropriate to the site and surrounding land uses.

d.

Ground-mounted systems may be sited in either side, corner, or rear yard areas following applicable setbacks for accessory structures. Ground-mounted systems may be sited in front yards only if the system is architecturally integrated into the primary structure, including, but not limited to, awnings, carports, shade structures, or other such structures as determined by the planning and zoning administrator.

(5)

Pole-mounted systems shall be permitted by-right in each zoning district, subject to all of the requirements for ground-mounted solar energy systems except provisions pertaining to screening and fencing.

(c)

[Permitted districts.] Primary use solar energy systems are permitted only in Industrial (IU-C), Governmental Facilities (GF) or Interim Districts (GU).

(d)

Decommissioning. The administrative official may request proof of operation from the property owner, due within 14 days of the request. Any system which becomes inoperable shall at the owner's expense be made operational or shall be removed from the property within 90 days of the date the system became inoperable.

(Ord. No. 19-252, § 3(Exh. A), 10-8-2019)

(a)

The use and location of artificial turf shall be limited to the following:

(1)

The construction of non-city-owned athletic fields and playgrounds associated with a non-city-owned community center, park, school, or university;

(2)

As part of the construction of any nonresidential and non-waterfront development;

(3)

On roof top terraces;

(4)

On non-waterfront residential lots in the rear setback and side setback wherever otherwise an impervious deck would be allowed by Section 13-1507; or

(5)

In non-waterfront areas of multifamily residential developments as part of a recreation or amenity area, five feet from any interior property line.

(b)

Artificial turf proposed under the provision of subsection (a) above shall only be installed upon approval of a zoning permit issued by the Zoning Official.

(c)

In all areas of installation, artificial turf shall be treated as impervious surface area. The quantity of artificial turf to be incorporated into a project shall be limited by the maximum percentage of impervious surface for the subject property within the applicable zoning district.

(d)

Artificial turf shall not be:

(1)

A part of any landscape buffers required by this article;

(2)

Visible from a road or street;

(3)

Installed within permanent drainage features (e.g., ponds, swales);

(4)

Installed on any waterfront property.

(e)

Minimum material standards. All artificial turf shall comply with each of the following minimum standards:

(1)

Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color.

(2)

Where artificial turf is utilized for institutional recreational uses (e.g., playgrounds, athletic fields), the artificial turf product installed shall be designed for the intended use and meet the appropriate additional standards.

(3)

Artificial turf installations shall have a minimum permeability of 30 inches per hour per square yard.

(4)

All artificial turf shall have a minimum eight-year manufacturer's warranty that protects against color fading and a decrease in pile height.

(5)

Artificial turf shall:

a.

Be non-flammable and lead free;

b.

Include an infill material of silica sand variety. Rubber crumb infill shall be prohibited.

(6)

All materials must include test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any U.S. landfill station (Total Content Leach Protocol (TCLP) test). Documentation must also be provided that identifies all components that are recyclable and all components that consist of recycled material.

(7)

The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf shall be prohibited.

(f)

Installation, maintenance, and repair.

(1)

All artificial turf shall, at a minimum, be installed according to the manufacturer's specifications;

(2)

All artificial turf installations shall be anchored to ensure that the turf will withstand the effects of wind;

(3)

All seams shall be secured, and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.

(4)

Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water.

(5)

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

(6)

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

(7)

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

(8)

All artificial turf shall be maintained in a green fadeless condition and shall be maintained free of dirt, 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 invasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes.

(9)

All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and/or repairs shall be done with like for 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.

(g)

An owner or applicant shall obtain a duly authorized zoning permit from the Building and Zoning department prior to the installation of any artificial turf.

(Ord. No. 21-274, § 2(Exh. A), 3-9-2021)

It is the intent of the Town to implement its policy on sustainability and encourage participation in the Town of Miami Lakes Green Building Program as a means to minimize waste and provide for the efficient use, management and conservation of natural resources, for the benefit, use and enjoyment of present and future generations. Except for the provisions that apply to all construction, participation in the Town of Miami Lakes Green Building Program shall be mandatory for Town buildings and voluntary for all private buildings, such as residential, office, commercial and industrial, as provided herein.

(1)

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

Current means the standard in effect at the time an applicant applies to the Program.

Green building means a residential, office, commercial, or industrial building whose value exceeds $50,000.00 and whose design, construction, and operation promote the preservation of resources and environmentally sensitive land by use of select construction practices, systems, and materials. Additions, remodeling, alterations or repairs to existing buildings or accessory structures, which may otherwise qualify as green buildings, are included in the definition of green building.

LEED means the Leadership in Energy and Environmental Design Green Building Rating System, which is a nationally recognized standard, developed by the United States Green Building Council and used to rate the performance of buildings and guide project design.

Program means the Town of Miami Lakes Green Building Program.

(2)

Administration. The Program shall be administered by the Administrative Official or his designee, who shall be responsible for:

a.

Developing any appropriate or necessary application procedures, including but not limited to, the Program application form.

b.

Awarding incentives pursuant to Subsection (2)e of this section to any applicant who qualifies as provided herein. For projects subject to administrative development approvals, the administrative official shall award the incentives as applicable; for projects that require public hearings, the Administrative Official shall make a recommendation to the Town Council or Planning Board as applicable;

c.

Determining whether a building is eligible for participation in the Program.

d.

Submitting an update on the status of implementation of the Green Building Program, including accomplishments for registered and certified projects, as part of the Annual Report to the Town Council.

(3)

Mandatory provisions all new construction or substantial remodel of commercial buildings above 20,000 square feet or multifamily residential buildings above 20 units, including substantial renovations to existing buildings, shall abide by the following regulations:

a.

Water conservation methods as appropriate, including high efficiency plumbing fixtures, and use of non-potable water for irrigation and cooling towers;

b.

All projects requesting a parking variance shall provide 50 percent of the parking spaces as permeable pavers. This provision shall not be applicable to accessible parking spaces or spaces adjacent to accessible routes.

c.

One Electric Vehicle Charging station per lot.

(4)

Eligibility criteria. In determining whether a building is eligible for participation in the Program, the Administrative Official or designee shall apply the following criteria:

a.

Private residential.

1.

For new and remodeled private residential buildings, the building must satisfy the requirements associated with the appropriate and current LEED for Homes Rating System of the United States Green Building Council.

2.

The owner of the private residential building shall provide the Administrative Official or designee with a LEED form. The form shall be submitted as a part of the documents submitted to the Town for a building permit application under the signature and seal of an architect, licensed in the State of Florida, along with a letter from the architect, under seal and signature, stating that to the best of his knowledge and belief to the extent reasonably possible, the LEED form is accurate and if the home were constructed or remodeled pursuant to the permit documents, it would achieve the points set forth in the submitted LEED form. The LEED form shall set forth the minimum amount of points required in the appropriate category for certification of a residential property as a green building (new construction, existing buildings, core and shell, commercial interiors, homes, schools).

b.

Private commercial, office and industrial.

1.

For commercial, office and industrial buildings, the building must satisfy the minimum requirements or higher associated with the LEED.

2.

The owner of the private commercial, office or industrial building shall provide the Administrative Official or designee an executed LEED form. The form shall be submitted as a part of the documents submitted to the Town for a building permit application under the signature and seal of an architect, licensed in the State of Florida, along with a letter from the architect, under seal and signature, stating that to the best of his knowledge and belief to the extent reasonably possible, the LEED form is accurate and if the building were constructed or remodeled pursuant to the permit documents, it would achieve the points set forth in the submitted LEED form. The LEED form shall set forth the minimum amount of points required in the appropriate category for certification of a green building (new construction, existing buildings, core and shell, commercial interiors, homes, schools).

c.

Town buildings. All new Town buildings constructed by the Town after the effective date of the Ordinance from which this article is derived and over 5,000 square feet in size shall at a minimum meet threshold basic LEED level certification as a green building and, if possible, achieve a higher certification. All Town building renovations exceeding $200,000.00 shall also meet threshold Basic LEED Level certification as a Green Building and, if possible, achieve a higher certification. Any future Town residential housing project shall satisfy the requirements associated with the current appropriate LEED.

d.

Public-private partnerships. New buildings constructed by the Town in partnership with the private sector may be subject to mandatory participation in the Program. If the contribution of the Town exceeds 50 percent of the cost of the building or renovation, then participation in the Program shall be mandatory as provided in this article.

(5)

Incentives. Any building designated as a green building in accordance with the Program, may be eligible for some or all the following incentives, at the discretion of the Town Council:

a.

Express permitting for building permits;

b.

Development approval assistance;

c.

Expedited site plan review;

d.

Reduced mobility fees;

e.

Up to ten percent additional FAR or and additional story up to a maximum of seven stories, in order to accommodate a maximum 10,000 additional square feet or ten percent additional units;

e.

Signage at the construction site, in addition to any previously permitted signage, designating the building as a green building and subject to approval by the Director of Planning and Zoning regarding size, color, etc.;

f.

Recognition and inclusion in the Green Buildings Directory located on the Town of Miami Lakes' website.

(Ord. No. 22-286, § 2(Exh. A), 1-11-2022)