The general purposes of this article are as follows:

(A)

To provide regulation for the installation and maintenance of landscaping and landscaped open space;

(B)

To provide procedures to protect the water resources of the City of North Miami Beach (City);

(C)

To promote water conservation through the efficient use of landscape irrigation;

(D)

To promote water conservation measures for landscaping that maximizes the efficient use of water by the use of native and regionally adapted plants, trees, turfs and efficient irrigation design and applications;

(E)

To establish minimum standards for the development, redevelopment, installation, and maintenance of Florida-Friendly Landscaped ™ areas, without inhibiting creative landscape design, construction, and management, and to protect and enhance the aesthetic character of the City;

(F)

To provide minimum standards for landscaping at new developments or redevelopment and to increase the overall tree canopy of the City;

(G)

To promote the establishment of functional and sustainable landscapes that increase the storage of sequestered carbon and reduce greenhouse gas emissions;

(H)

To provide the physical benefits of using plants as a function of sustainability and an integral part of the City's urban development; and

(I)

To promote water conservation, water quality improvement, and vegetation protection objectives by providing for:

(1)

The preservation of existing native plant communities;

(2)

The reestablishment of native plant communities;

(3)

The use of site-appropriate plants;

(4)

The implementation of Florida-Friendly Landscaping ™ principles as identified by the Florida Yards and Neighborhoods program operated by the University of Florida's Institute of Food and Agricultural Services Extension ("UF/IFAS Extension"), Best Management Practices identified in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (Florida Department of Environmental Protection), and as provided by law; and

(5)

The use of specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers.

(Ord. No. 2024-15, § 4, 1-21-25)

The provisions of Article XI contained herein shall be applicable to all projects or entities that fall under one (1) or more of the categories listed below:

(A)

Projects comprised of new construction or substantial additions and alterations, except as set forth in Section 24-116.1, Administrative Waiver;

(B)

If projects have landscape in excess of fifty (50%) percent of total site landscaping square footage that requires replacement, then the entire property shall be brought up to current landscape standards and requirements. This provision regarding existing development shall be applicable to the greatest extent reasonably possible as determined by the City.

(C)

All development of land requiring a site plan review in accordance with this Chapter shall require the submittal of a landscape plan that complies with the provisions of this article. Where required by Chapter 481, Florida Statutes, landscape plans shall be prepared by a registered landscape architect, or other person authorized pursuant to Sections 481.301 through 481.329, Florida Statutes.

(Ord. No. 2024-15, § 5, 1-21-25)

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

For the purpose of this section, the following terms and words shall have the meaning herein prescribed unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense also include the future, and words used in the singular also include the plural. The word "shall" is always mandatory and not merely a directory.

Accessway: A private vehicular roadway intersecting a public right-of-way.

Application or Apply: The actual physical deposit of fertilizer to turf or landscape plants.

Applicator: Any person who applies fertilizer on turf or landscape plants in the City of North Miami Beach.

Athletic Play Area: All golf course fairways, tees, roughs, greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, lawn bowling fields, and rodeo, equestrian and livestock arenas.

Berm: Earthen mounding created by grading the terrain on a project site higher than the surrounding area.

Best Management Practices (BMP): Turf and landscape practices or a combination of those practices which, based on research, field-testing, expert review, and economic and technological considerations, are determined to be the most effective and practicable on-location means for improving water quality, conserving water supplies, and protecting natural resources. The principles of Florida-Friendly Landscaping ™ Best Management Practices are explained in detail in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, as published by the Florida Department of Environmental Protection.

Bioretention: An engineered process to manage stormwater runoff using the chemical, biological, or physical properties found in natural, terrestrial-based communities of plants, microbes, and soils.

Buffer Area: An area(s) located on nonresidential property that extends the full length of the property lines abutting residential property.

Caliper, tree: The measurement of the diameter of a tree's trunk. For trees with a Diameter at Breast Height (DBH) of less than four (4) inches, the tree caliper is taken at six (6) inches above the grade or crown of the root flair. A tree caliper is taken at twelve (12) inches above the grade or crown of the root flair for trees with a DBH of four (4) inches or more.

Canopy: The upper portion of a tree consisting of limbs, branches, and leaves. Canopy trees are large trees that have a canopy sufficient to form a shade cover over the ground, creating a shaded and cool environment, as in a forest.

City: the City of North Miami Beach or designee

Clear Trunk: The distance between the top of the root ball along the vertical trunk or trunks of a tree to the point at which lateral branching or fronds begin.

Clear wood (Greywood): The portion of the palm trunk that is mature, measured from the top of the root ball to the base of green terminal growth or fronds.

Commercial Fertilizer Applicator: Any person who applies fertilizer on turf or landscape plants in exchange for money, goods, services, or other valuable consideration.

Complete Street: A street designed and operated to enable safe use and support mobility for all users. Those include people of all ages and abilities, regardless of whether they are travelling as drivers, pedestrians, bicyclists, or public transportation riders.

County: Miami Dade County or the department or division of Miami Dade County government that the County Administrator has designated to enforce this article.

Diameter at Breast Height (DBH): The diameter of the tree trunk(s), measured at four and one-half (4½) feet above grade.

District: The South Florida Water Management District, a government entity created under Chapter 373, Florida Statutes.

Director: The Director of the Community Development Department of North Miami Beach, Florida, or designee.

Drip Line: An imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground. No soil disturbance shall occur within this area.

Dumpster: A refuse container of one (1) cubic yard or larger.

Fertilize: The act of applying fertilizer (plant nutrients) to turf, specialized turf, or landscape plants.

Fertilizer: Any substance or mixture of substances, except pesticide/fertilizer mixtures such as "weed and feed" products, that contains one (1) or more recognized plant nutrients and promotes plant growth, controls soil acidity or alkalinity, provides for soil enrichment, or provides other corrective measures to the soil.

Florida-Friendly Landscaping™: Quality landscapes that conserve water, protect the environment, are appropriate for local conditions, and are drought, wind, or salt tolerant. The principles of Florida-Friendly Landscaping™ include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components of Florida-Friendly Landscaping™ include planning and design, soil analysis, use of solid waste compost, practical use of turf, and proper maintenance. The principles of Florida-Friendly Landscaping ™ are explained in detail in the most recent edition of The Florida-Friendly Landscaping Guide to Plant Selection and Landscape Design, published by the University of Florida IFAS Extension and the Florida Department of Environmental Protection.

Foundation Planting: A group of plants in a landscaped bed placed at the base of a building structure and used to blend the building with its setting.

Ground Cover: Plant material which normally reaches a maximum height of not more than eighteen (18) inches and is planted at twelve (12) inches on center, minimum.

Hardscape: Areas such as patios, decks, driveways, paths, and sidewalks that do not require irrigation.

Hatracking: To flat cut the top of a tree, severing the leader or leaders; or pruning a tree by stubbing off mature wood larger than three (3) inches in diameter; or reducing the total circumference or canopy spread not in conformance with the current National Arborist Association standards as may be amended from time to time and incorporated herein by reference except where removal of branches is necessary to protect property and public safety. The following trees are exempt from this section: Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (Poison Wood), Casuarina spp. (Australian Pine), Melaleuca quinquenervia (Cajeput Tree), Acacia, Bishoffia Javanica, Araucaria heterophylla (Norfolk Island Pine), any trees listed on the Invasive Plant list as published by FISC.

Heat island; heat island effect: The term "heat island" describes built or paved areas that are hotter than nearby rural areas due to human activities. The term "heat island effect" refers to an effect heat islands can have on communities by affecting water quality and increasing summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas emissions, and heat-related illness and mortality.

Hedge: Arow of evenly spaced shrubs or other vegetation planted to form a dense, continuous, unbroken visual screen.

Hydrozone: See Water Use Zone.

Infiltration Rate: The rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour).

Institutional Fertilizer Applicator: Any person, other than a noncommercial or commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf or landscape plants. Institutional applicators shall include, but shall not be limited to, owners and managers of public lands, schools, parks, religious institutions, utilities, industrial or business sites, and any residential properties maintained in condominium, common ownership, or common management.

Interior Landscape Area: A landscape area located within a vehicular use area (VUA) that is within the perimeter of a site. An interior landscape area may or may not be attached to the perimeter landscape or buffer area.

Irrigation System: A constructed watering system designed to transport and distribute water to plants or grasses.

Landscape Design: Consultation for and preparation of planting plans drawn for money, goods, services, or other valuable consideration, including specifications and installation details for plants, soil amendments, mulch, edging, gravel, and other similar materials. Such plans may include only recommendations for the conceptual placement of tangible objects for landscape design projects. Construction documents, details, and specifications for placement of tangible objects and irrigation systems shall be designed, approved, or, if necessary, sealed by licensed professionals as required by Section 481.303(7), Florida Statutes.

Landscape Layout Plan: Plans and drawings showing the location of buildings, structures, underground and overhead utilities, pedestrian transportation, or environmental systems, and the detail for placement of site amenities, accessibility components, plantings, and other tangible objects. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes.

Landscape Plans: Landscape plans may include all or some of the following: a planting plan, a landscape layout plan, an irrigation plan, a grading and drainage plan, detail sheets, and written specifications. Plans shall be numbered, dated, North arrow indicated, scaled, and sealed by an appropriately licensed professional where required by Section 481.321, Florida Statutes. (See also Planting Plans.)

Landscaped Plant: Any native or exotic tree, palm, shrub, vine, hedge, or groundcover (excluding turf).

Landscaped Area: The entire parcel less the building footprint, hardscapes, and nonporous areas. Water features are included in the calculation of the landscaped area.

Landscaping Material: Any of the following or combination thereof such as, but not limited to: Grass, ground cover, shrubs, vines, hedges, and trees or palms.

Manual Irrigation: The use of watering cans, garden hoses with self-closing spray attachments or other spray devices. Manual irrigation does not include any permanent irrigation systems, automatic or otherwise.

Micro-irrigation: The frequent application of small volumes of water directly on or below the soil surface using discrete drops, tiny streams or miniature sprays. Micro-irrigation encompasses a number of methods including drip, subsurface, bubbler, low-trajectory and low-volume spray irrigation.

Mulch: Nonliving, organic materials customarily used in landscaping to retard erosion, retain moisture, and control weeds.

Native Vegetation: Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida as identified in the Atlas of Florida Vascular Plants, Institute for Systematic Botany or similar academic publication.

Natural Area: An area, as identified in the City's Comprehensive Plan, designated on the site plan containing natural vegetation, which will remain undisturbed when property is fully developed.

Noncommercial Fertilizer Applicator: Any person who applies fertilizer on turf or landscape plants on his or her own private, residential property, or that of another when not done in exchange for money, goods, services, or other valuable consideration.

Open Space or Nonvehicular Open Space: The total square footage of a parcel of land after all impervious areas are subtracted, such as the square footage area of any building footprint, walls, walks, swimming pools, and VUA, and including the pervious areas of VUA required landscaping and perimeter landscape buffer area.

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

Parking Area: The area on a parcel or property designated for the temporary parking of vehicles. Parking areas shall be either:

1.

Interior parking spaces that are not contiguous to, nor directly abutting, the site perimeter or street; or

2.

Perimeter parking spaces that are contiguous to and on the street such that vehicles must enter or back into the street in order to leave the parcel or property.

Parking Island or Landscape Island: A nonpaved area within the paved area of parking lots that provides landscaping, particularly trees, to reduce the heat island effect and to provide areas for infiltration of water into the ground aquifer to alleviate stormwater runoff.

Perimeter: The boundary or property line separating one (1) parcel of land from another or from a right-of-way.

Perimeter Landscape Area: The landscape area both within the buffer area, as defined herein, and directly abutting the paved perimeter of a VUA.

Pervious Area: That noncompacted land located at grade that allows the passage of air and water to the subsurface and is used or set aside for landscaping.

Plant Communities: An association of native plants that are dominated by one (1) or more prominent species or a characteristic physical attribute and forming a distinct habitat.

Planting Plan: Specifications and installation details for plants, soil amendments, mulch, edging, gravel, staking materials, and other similar materials. (See also landscape plan.)

Planting Soil: A soil medium, which is a mix composed of fertile organics and other soil mediums, including solid waste compost, that is used to augment, enhance, and improve the native soils to maximize the vitality of plant vegetation.

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

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

Reclaimed Water: Wastewater that has received at least secondary treatment, and basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, F.A.C.

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

1.

Dry retention is an area which is designed for temporary storage of storm-water runoff. These areas shall be designed in accordance with Rule 40E-4.091(1)(a) and Rule 62-330.010 F.A.C.

2.

Wet retention is an area which is designed for the permanent storage of storm-water runoff. These areas shall be designed in accordance with Rule 40E-4.091(1)(a) and Rule 62-330.010 F.A.C.

Runoff: The water following a rain event, or following an irrigation event, that is not absorbed by the soil or landscape and flows off from the area.

Setback and Yard Areas: The front, side and rear areas or yards as established and required under this chapter and within the zoning district requirements applicable thereto.

Sandy Loam: Soil consisting of fifty (50%) percent coarse sand and fifty (50%) percent muck.

Shrub: A bushy woody plant, usually with several permanent stems, and usually not over ten (10) feet in height at its maturity and is planted at eighteen (18) inches on center, minimum.

Sod or Lawn: Grass or turf-covered soil held together by the roots of the grass or turf.

Subject plot, parcel, or property: The site for which a development permit is being sought pursuant to the requirements of the Code.

Sustainable: Capable of continuing long-term without depleting natural resources or being harmful to the environment or people.

Swale: A low-lying or shallow trough-like depression that carries water, mainly during rainstorms, and that provides flood control and onsite water quality mitigation through the removal of pollutants and nutrients associated with runoff.

Tree: Any self-supporting woody perennial plant which, at maturity, attains a trunk diameter of at least four (4) inches when measured at a point four and one-half (4½) feet above ground level and which normally attains an overall height of at least twenty-five (25) feet, usually with one (1) main stem or trunk and many branches.

Topsoil: Existing soil that can be separated from the top surface of the ground, retaining the original organics native to the soil at the location from which it was separated. Unlike "planting soil" which is usually mixed with sand, compost, manure, and several other ingredients, topsoil has no specific or specified ingredients.

Tree Sizes: (minimum size refers to at time of installation)

1.

Small trees (mature height of less than fifteen (15) feet): minimum tree size is eight (8) feet;

2.

Medium trees (mature height of fifteen (15) feet to twenty-five (25) feet): minimum tree size is ten (10) feet; and

3.

Large trees (mature height of more than twenty-five (25) feet): minimum tree size is twelve (12) feet.

Turf or Turfgrass: A mat layer of moncotyledonous plants such as, but not limited to, Bahia, Bermuda, Centipede, Seaside Paspalum, St. Augustine, and Zoysia and their cultivars.

Valve: A device used to control the flow of water.

Vegetation: Angiosperms, gymnosperms, ferns, mosses, or other living plant material.

Vehicular Use Areas or VUAs: Areas used for the display or parking of any type of vehicle, board, or construction equipment, whether self-propelled or not, and all land upon which such vehicles traverse.

Vines: Plants which normally require support to reach their mature form.

Visual Screen: A physical obstruction used to separate two (2) areas or uses which is at least seventy-five (75%) percent opaque. Visual screens shall be living plant material, natural or manmade construction material or any combination thereof.

Water Conservation Measure: Practices, techniques and technologies that improve the efficient use, or re-use, of water.

Water Use Zone: A grouping of sprays, sprinklers or micro-irrigation emitters that can be operated simultaneously by the control of one (1) valve according to the water requirements of the plants being used. All water use zones shall be shown, or otherwise indicated, on the landscape plan.

1.

Water Use Zone Table:

Water Resource: All water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground.

(Ord. No. 2024-15, § 6, 1-21-25)

Prior to the issuance of a building permit, a landscape plan shall be submitted to and approved by the Director of the Community Development Department. The landscape plan shall meet the following requirements:

(A)

Be drawn to a scale not less than 1"=30'.

(B)

All landscape plans must be signed and sealed by a State of Florida Registered Landscape Architect or as determined by the City.

(C)

Shall clearly delineate existing and proposed buildings, parking, driveways, other vehicular use areas, site improvements, water bodies, and hardscape features such as driveways, sidewalks, pools, fountains, fences, and retaining walls.

(D)

Shall also designate the name (botanical and common), size (height and spread), quantity, and location of the plant material to be installed, as well as the name, size, location, and condition of viable, existing vegetation, and the degree of drought tolerance (as determined by the most recent edition of the Florida-Friendly Landscaping ™ Guide to Plant Selection and Landscape Design). The use of Florida-Friendly Landscaping ™ and Best Management Practices shall be an integral component of the landscape design and plan. No building permit shall be issued unless such landscape plan complies with the provisions herein.

(E)

Depict zoning designations of property and abutting property in a format approved by the Director;

(F)

Depict site plan calculations displayed in a format approved by the Director;

(G)

Depict the location of all on-grade, underground, and overhead utilities;

(H)

Include a site survey, tree survey, and site assessment no more than one (1) year old, unless otherwise approved by the Director, in accordance with the requirements of Sections 24-121 and 24-125 of this article;

(I)

The location of all existing and proposed light and respective standards in accordance with the City requirements;

(J)

Include a table, in a format approved by the Director, showing the total square footage of the various landscape hydrozones on the plan;

(K)

Except for single family and duplex residential developments, include a notation indicating that all applications of fertilizer shall be performed by a commercial fertilizer applicator, certified by the Department of Agriculture and Consumer Services pursuant to Section 482.1562, Florida Statutes; and

(L)

Except for single family and duplex residential developments, include a notation indicating that all applications of pesticides, including "weed and feed" products, should be made in accordance with State and federal law and the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries.

(Ord. No. 2024-15, § 7, 1-21-25)

(A)

General. Plant selection should be based on the plant's adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color, and texture. Plant species listed in the Florida Friendly Landscaping ™ are preferred. Determinations of prohibited and controlled plant species shall be pursuant to the Department of Agriculture and Consumer Services, Chapter 5B-57, Florida Administrative Code (F.A.C.), and the Florida Invasive Species Council (FISC) Invasive Plant Species list. Plant species identified as prohibited and controlled according to Chapter 5B-57, F.A.C., and the FISC Invasive Plant Species list may not be used, except as specifically allowed therein.

(1)

Plant quality grades. Plants used to meet the requirements of this article shall conform to the standards for Florida Grade One, or better, as provided in the most current edition of Florida Grades and Standards for Nursery Plants, by the Division of Plant Industry, Department of Agriculture and Consumer Affairs, State of Florida. Sod shall be clean and visibly free of weeds, noxious pests, and diseases.

(2)

Invasive plants. Prohibited and controlled plant species, pursuant to the Department of Agriculture and Consumer Services, Chapter 5B-57, FISC Invasive Plant Species list, that exist on site shall be removed.

(B)

Water Requirements for Plants. Plants shall be grouped in accordance with their respective water (hydrozone) and maintenance needs consistent with Florida-Friendly Landscaping ™ principles. Plants with similar water and cultural (soil, climate, sun, and light) requirements shall be grouped together. Consideration should be given to plants that require minimal or no use of gasoline-powered maintenance equipment.

(1)

The hydrozones shall be shown on the irrigation layout and planting plans, as required. Where natural conditions are such that irrigation is not required, the presence of site-appropriate plants shall not be considered a high water use hydrozone.

(2)

The combined size of all high water use hydrozones, other than turf areas, shall be limited to twenty (20%) percent of the total landscaped area. In landscapes irrigated with reclaimed (reuse) water, the allowable size of all high water use zones shall not be limited. These high water use limits do not apply to landscaped areas requiring large amounts of turf for their primary functions.

(C)

Tree Specifications.

(1)

Required trees shall be of a species, which normally grow to a minimum height of twenty-five (25) feet and have a mature crown spread of not less than twenty (20) feet with trunks, which can be maintained, with over six (6) feet of clear wood. The Director shall maintain a list of acceptable trees. Trees or palms having an average mature crown spread of less than twenty (20) feet may be substituted by grouping the same to create the equivalent of a twenty (20) foot crown spread. Such a grouping shall count as one (1) tree towards meeting tree requirements for any provision herein.

(2)

All required trees shall have a minimum caliper or diameter at breast height (D.B.H) of two (2) inches and be a minimum of eight (8) to twelve (12) feet in height and five (5) feet in spread at time of planting except for palms. A list of acceptable species can be found in the City's Urban Forestry Master Plan.

(3)

Palms shall be a minimum of ten (10) feet in height.

(4)

Maximum twenty-five (25%) percent of all required trees shall be of a palm species.

(5)

Three (3) small palms shall be clustered to equal one (1) required tree, the three (3) palm trees in the cluster shall be of differing heights, with a minimum two (2) foot stagger between adjacent palms. One (1) large palm species shall count as a required tree. Below is a list of recommended species categorized into large and small palms.

(6)

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

(7)

It is prohibited to attach any structure, including, but not limited to, newspaper racks, bicycle racks or signs to any tree or palm by nailing, chaining, cable or any other means.

(8)

The specific requirements relating to landscape materials, including, but not limited to, type, size, quantity and spacing, may be adjusted or modified by the City to reflect existing field conditions, so long as the general spirit and intent of this chapter is upheld. Field conditions, which may require modifications to the planting requirements, include, but are not limited to, overhead or underground utilities, (including septic tanks), proximity to adjacent buildings and roadway safety lines of sight.

(9)

As part of the site plan review for proposed projects, additions and renovations, the proposed landscaping shall be reviewed by the Director to determine if the proposed locations of any of the trees are in proximity to an overhead or underground electric facilities. This section of the Code shall also be used when selecting the replacement planting for the replacement of dead, diseased, destroyed or otherwise removed vegetation from a site.

(a)

No tree shall be planted where at mature height it may conflict with overhead electric facilities, and visibility. Large trees (trees with a mature height of thirty (30) feet or more) shall be planted no closer than a horizontal distance of thirty (30) feet from any overhead electric facility. Medium size trees (trees with a mature height of twenty (20) to thirty (30) feet) shall be planted no closer than a horizontal distance of twenty (20) feet from any overhead electric facility. Small trees and shrubs, with a mature height of less than twenty (20) feet, may be planted adjacent to electric power facilities. Below is a list of recommended species categorized into large, medium, and small trees.

(b)

Palm trees shall be planted at a distance from overhead electric facilities not less than the mature maximum frond length plus three (3) feet.

(c)

Existing trees that are in violation of this section of the Code shall be maintained by the property owner, such that there are no branches of the tree closer than ten (10) feet to overhead electrical facilities.

(d)

The replacement of dead, diseased, destroyed or otherwise removed vegetation shall conform to the requirements of this section of the Code.

(e)

Those plants defined by the FISC as invasive species shall not be planted. Additionally, trees considered nuisance or problem trees due to their brittleness, early decay and non-suitability for planting near electric facilities or elsewhere, shall not be planted. These trees are listed as follows:

(f)

Landscaping shall conform to the recommendations contained in the latest edition of the document entitled: "Plant the Right Tree in the Right Place" South Florida as distributed by FPL (Florida Power and Light).

(10)

Based on the existing and required quantity of total trees to meet the Code for the subject property, the following conditions shall determine the number of differing species that shall be required:

Preserved Trees + Existing Trees = Total Required Trees. Therefore, if:

(a)

Required trees = 4—10, then a minimum of two (2) species shall be used.

(b)

Required trees = 11—20, then a minimum of three (3) species shall be used.

(c)

Required trees = 21—50, then a minimum of four (4) species shall be used.

(d)

Required Trees = 51 or more, then a minimum of five (5) species shall be used.

These requirements are based on perimeter and interior requirement totals and calculations.

(11)

Credit for existing native and noninvasive trees preserved on a site shall be granted towards meeting the tree requirements of any landscaping provisions of this article. No credit shall be granted for preserved trees that are in extremely poor condition.

(12)

Trees used in the required landscaping adjacent to a public street or swale are subject to approval by the City so that the sustainable character, biological diversity of tree species, and safety of the public street can be maintained, the reduction of the urban heat island effect shall be encouraged, and Complete Streets and "walkable" communities shall be promoted.

(13)

All large trees installed within six (6) feet of public infrastructure shall utilize a root barrier system, as approved by the City. Tree root barriers shall be installed at the sidewalk edge in those circumstances where tree roots are causing, or may potentially cause, a trip hazard because of lifting of some portions of a public roadway or sidewalk.

(14)

Tree removal is to be conducted pursuant to Section 24-121, of the City's Code of Ordinances.

(15)

Prohibited and invasive tree species. These species are determined by FISC.

(a)

Prohibited and invasive tree species shall not be counted towards fulfilling minimum tree requirements.

(b)

Prohibited and invasive trees shall be removed from the property.

(16)

Required trees shall be planted consistent with the principles of the Florida-Friendly Landscaping™ Guide.

(17)

Existing trees on site shall be protected according to Section 24-121, of the City's Code of Ordinances.

(18)

Additional minimum tree specifications for properties with buildings of three (3) stories or taller:

(a)

All required trees shall be field grown and have a minimum caliper or diameter at breast height (D.B.H.) of five (5) inches and be a minimum of eighteen (18) feet in height and eight (8) to ten (10) feet in spread at the time of planting.

(b)

Required palms shall be field grown and have a minimum of twenty-five (25) feet in height and ten (10) feet of clear wood.

(c)

Three (3) palms trees shall be clustered to equal one (1) required tree: the three (3) palm trees in the cluster shall be of differing heights, with a minimum three (3) foot stagger between adjacent palms, but, in no case smaller than twenty-five (25) feet in height.

(D)

Other Plant Material Specifications.

(1)

Shrubs and hedges:

(a)

Shall be a minimum of two (2) feet in height at the time of planting.

(b)

Hedges shall be planted and maintained so as to form a continuous, solid visual screen, of not less than three (3) feet in height, within one (1) year of planting.

(c)

Spacing of plants shall conform to standard nursery practices.

(d)

Where pedestrians traverse through and damage existing hedges, a fence or other durable barrier, three (3) feet in height may be installed, subject to the approval of the Director. Hedges must be installed on both sides of the barrier to screen it from view.

(e)

When shrubs are used as a screen around vehicular open space areas, said shrubs shall be a minimum of two (2) feet in height above the vehicular open space pavement surface that directly abuts the shrubs at the time of planting and, if within a safe sight distance triangle, shall be no greater than thirty (30) inches in height, in accordance to Section 24-122 of this article.

(f)

A minimum fifty (50%) percent of required shrubs shall be listed native species in the Florida-Friendly Landscaping ™ Guide.

(g)

Hedges may be placed on the property lines; however, this regulation shall not be construed to permit such hedges to extend beyond the official right-of-way lines or property lines, or to create issues with acceptable sight distances.

(h)

Hedges may be incorporated into the landscape design so as to screen air conditioning units or other equipment from being visible from public rights-of-way. The air conditioning and other equipment will still be installed in accordance with City Ordinances.

(i)

See Section 24-80 for additional regulations regarding hedges.

(2)

Ground covers may be used in lieu of grass. Ground covers shall be planted with a minimum of fifty (50%) percent coverage, with one hundred (100%) percent coverage occurring within six (6) months after installation.

(3)

Vines shall not be less than twenty-four (24) inches in height at the time of planting and may be used in conjunction with fences or walls to meet physical barrier requirements. Where required, support vines with a trellis or other suitable support system that allows the vines to grow to the top of the fence or wall. Vines shall be planted at ten (10) foot intervals to meet landscape buffer requirements.

(4)

Turf Grass shall be a variety that requires less irrigation and conforms to the requirements of this article. Any solid sod, or other turf type, as approved by the Director, shall be reasonably free of insects and noxious weeds. The type and location of turf areas shall be selected in the same manner as with all the other plantings. Irrigated turf areas, as opposed to nonirrigated turf areas, are considered to be high water use hydrozones. Irrigated turf shall not be treated as a fill-in material but rather as a planned element of the landscape. Turf grass shall be placed so that it can be irrigated using separate zones.

(a)

Irrigated turf areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreation use, provide cover for septic tank drain fields, and required drain field reserve areas, or provide soil erosion control, such as on slopes or in swales, and in limited instances, where turf is used as a design unifier or other similar practical use.

(b)

As a matter of public safety, no turf that requires mowing shall be allowed on slopes greater than four-to-one (4:1) or within ten (10) feet of the water's edge, except where adjacent to seawalls and bulkheads or needed to control erosion.

(c)

Turf grass areas shall be identified on the landscape plan and be subject to the requirement that no more than fifty (50%) percent of the landscaped area for multifamily dwellings and other development uses (excluding single family residences and duplex dwellings, which are subject to the turf requirements set forth in Section 24-123 of this article) may be in turf.

(d)

In areas where no turf or groundcover is required, the property shall be maintained in its natural state; except that all invasive species shall be removed.

(5)

Foundation Planting may be shrubs or groundcover, or a combination thereof, and shall be counted towards the minimum native species requirements and Florida-Friendly Landscaping ™ requirements of this section. The quantity and type of foundation plants shall vary depending on the building size, configuration, and entryways and openings.

(6)

Quality: Plant material shall comply with required inspections, grading standards and plant regulations as set forth by the Florida Department of Agriculture's "Grades and Standards of Nursery Plants, Part I," and "Grades and Standards for Nursery Plants, Part II for Palms and Trees," as they may be revised from time to time. Plants shall conform to the standards of Florida No. 1 or better regarding:

(a)

Shape and form.

(b)

Health and vitality.

(c)

Condition of foliage.

(d)

Root system.

(e)

Free from pest and mechanical damage.

(7)

There are many varieties of planting soils. These different types and required uses are described below.

(a)

Existing topsoil or imported topsoil.

i.

Where landscape plans are required, applicants are encouraged to seek a soil test and analysis, performed by a reputable soil testing lab, to determine soil texture, percentage of organic matter, measurement of pH, total soluble salts, and estimated soil infiltration rate to determine soil suitability to sustain landscape plants.

ii.

Existing horticulturally-suitable topsoil onsite shall be stockpiled and respread during final site grading.

iii.

Any imported topsoil shall be similar to the existing soil in pH, texture, permeability, and other characteristics, unless demonstrated to the Director that a different type of soil amendment approach is justified. Further, existing or imported topsoil:

1.

Shall be free of roots, clods, stones larger than three-fourths (¾) inch in the greatest dimension, pockets of coarse sand, noxious weeds, sticks, lumber, brush, and other litter. It shall not be infested with undesirable disease-causing organisms such as insects and plant pathogens; and

2.

For all planting areas, shall be composed of a minimum of thirty (30%) percent muck or horticulturally-acceptable organic material.

(b)

Mechanically mixed planting soil.

i.

Mechanically mixed planting soil is typically identified as being composed of sandy loam, typical of the locality, or as specified. At a minimum, mechanically mixed planting soil must meet the following requirements:

1.

Gradation limits. Soil shall be a sandy loam, loam, or clay loam. The definition of soil texture shall be the USDA classification scheme. Gravel over one-quarter (¼) inch in diameter shall be less than twenty (20%) percent by weight.

2.

Permeability rate. Hydraulic conductivity rate shall be not less than one inch (1") per hour nor more than twenty inches (20") per hour, when tested in accordance with the USDA Handbook Number 60 (Diagnosis and Improvement of Saline and Alkaline Soils), method 34b, Hydraulic Conductivity of Disturbed Soils, or other approved method.

3.

Fertility. The range of the essential elemental concentration in soil shall be as specified for its intended use.

ii.

The use of solid waste compost as a soil amendment is encouraged, where it is appropriate.

(8)

All exposed soil areas in planting beds, including hedge rows, shall be kept weed free, and mulched to a minimum three (3) inch depth with organic mulch, except that two (2) inches shall be required in annual beds. Mulch should be replenished, as needed, to meet this requirement. The use of shredded and composted Melaleuca, grade B mulch is encouraged. Cypress mulch shall not be used. Mulch shall be at least six (6) inches away from any portion of a building or structure, or the trunks of trees, and at least three (3) inches away from the base of shrubs. Mulch rings should extend at least three (3) feet around freestanding trees and shrubs.

(E)

Installation.

(1)

Planting methods: All plant material shall be installed following accepted planting procedures as defined by the American Association of Nurserymen and The Florida Nurserymen and Growers Association and in consideration to the quality of plants as described in this section. Additional measures are as follows:

(a)

Topsoil shall be of the minimum quality as specified in this section. Excluding palm trees, all trees shall be planted with twelve (12) inches of topsoil around the root ball and shrubs shall be planted with a minimum of six (6) inches of topsoil around the root ball. A minimum of three (3) inches of shredded, approved, organic mulch or groundcover shall be installed around each tree planting, including palms, for a minimum of thirty-six (36) inches beyond its trunk in all directions and throughout all hedge and shrub planting. A minimum of six (6) inch clear area shall be made around each trunk to prevent root rot and other damaging effects. The use of clean mulch (i.e., seeds killed) either recycled or obtained from Melaleuca, Eucalyptus, Australian Pine, or other nonold growth hardwood is encouraged to reduce impacts on the environment and to preserve the remaining native plant communities.

(b)

All trees and palms shall be properly guided and/or staked at the time of planting until establishment, which should not exceed more than seven (7) months for broadleaf trees and one (1) year for palms. The use of any method which damages the trees or palms is prohibited. All plants shall be installed so that the top of the root ball remains even with, or slightly above, the soil grade.

(c)

The soil volume around and adjacent to the tree should be adequate to allow for a healthy root zone based on the ultimate tree size at maturity.

(d)

When the landscaping has been installed and established by the contractor or installer, the owner of the property shall be subject to this article and shall be responsible for the maintenance of the land and landscaping so as to present a healthy, sustainable, vigorous, and neat appearance, free from refuse and debris.

(2)

Curbing: Landscaped areas, walls, structures, and walks shall require protection from the encroachment or overhang of vehicles. A continuous concrete curbing arrangement of not less than six (6) inches in height, as approved by the Director, shall be installed to prevent such encroachment.

(3)

Existing plant credit: In instances where healthy plants exist on site, the Director may adjust the requirements of this article to allow credit for such plants if, in his opinion, such an adjustment is in keeping with and will preserve the intent of this article.

(4)

Certificate of compliance: Upon completion of all required landscape improvements, the site shall be inspected for compliance with the landscape plan by the Director. A certificate of compliance must be issued before a certificate of occupancy can be issued for any related structure. When occupancy of a related structure is desired prior to completion of the VUA, a temporary certificate of occupancy may be issued if a financial guarantee is provided, acceptable in form to the City Attorney, which will ensure compliance with the requirements herein.

(F)

Irrigation. For high and moderate water use zones in all landscapes, the irrigation system(s) shall be designed, managed and maintained to promote the efficient use of water used for irrigation, as dictated in Section 19-25 of the City's Code. Irrigation systems used in a landscape shall be designed to correlate to the organization of plants as described in the Water Use Zone Table.

(1)

Automatic moisture and/or rain shut-off switch equipment shall be required on automatic irrigation systems to avoid irrigation during periods of sufficient rainfall, in accordance with Section 373.62, Florida Statutes. This equipment shall consist of an automatic mechanical or electronic sensing device(s) that will override the irrigation cycle of the system when adequate rainfall has occurred. The operation of an irrigation system during periods of heavy rainfall is prohibited.

(2)

Landscape irrigation systems shall be designed, managed and maintained so that no water is being applied to impervious areas.

(3)

Use of non-potable water for use in the irrigation of lawn and plant material shall be used when available. When practical, the use of cisterns and other rain collecting devices is encouraged.

(4)

Existing developed properties that receive three (3) or more Code violations in a twelve (12) month period for landscaping attributable, wholly or partially, to lack of proper watering shall be required to install an irrigation system.

(Ord. No. 2024-15, § 8, 1-21-25)

(A)

General. In all districts the owner, or his agent, shall be responsible for the maintenance, in perpetuity, of all landscaping material in good condition to present a healthy, neat, and orderly appearance and be clear of weeds, refuse and debris. Landscaping material shall be trimmed and maintained to meet all City, County, or State site distance requirements.

(1)

Required property maintenance of landscape areas.

(a)

If all landscaping is found to be in a state of decline, dead, or missing, it shall be replaced with native vegetation plant species that will be at least equivalent in size at maturity. If any preserved vegetation exists, which is being used to satisfy current landscape requirements of this article, dies, such vegetation shall be replaced with the same landscape material, if available, or comparable vegetation that complies with this article.

(b)

Turf should be mowed frequently enough so that no more than one-third (⅓) of the blade height is removed per mowing.

(c)

All mulch should be renewed periodically and maintained in accordance with the landscape plan standards in Section 24-119 of this article. Plastic sheeting and other impervious materials shall not be used under mulched areas.

(d)

Preserved and created ecological communities shall be maintained in a natural state. Only clearing by hand is permissible, unless otherwise authorized by the Director.

(2)

Best Management Practices.

(a)

All persons providing commercial landscape maintenance services, commercial fertilizer applicator services, and institutional fertilizer applicator services within the City's unincorporated areas or on City properties, including City maintenance operations staff providing such services, shall:

i.

Attend a training in the Best Management Practices described in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries (Florida Department of Environmental Protection); and

ii.

Have at least one (1) person holding a current certificate of completion for training as set forth above present at all times on any job site while fertilizer application is in progress.

(b)

In no case shall grass clippings, vegetative material, or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, sidewalks, or roadways, either intentionally or accidentally.

(c)

Yard waste shall not be disposed of or stored by shorelines, ditches, swales, or the vicinity of storm drains. Yard waste and compost sites must be hidden from street view, maintained to prevent odor, and be free of weeds.

(d)

Turf clippings should be left on the lawn to replace nutrients. Shredded yard clippings and leaves should be used for mulch or be composted for use as fertilizer. However, diseased material should not be mulched and should be properly disposed of to avoid spreading disease.

(e)

Composting of yard waste and other recycled solid waste products should be used, when appropriate.

(f)

Irrigation shall be maintained at its highest efficiency, as designed, and eliminate all free flow possibilities should any breaks occur in the main, lateral, or other piping within the system. In the event of such an occurrence, the break(s) shall be repaired immediately.

(B)

Failure to Conform or Maintain. If at any time after the issuance of a certificate of occupancy, any landscaping material is found to be in nonconformance, including, but not limited to, dead or dying plant material, notice shall be issued to the owner or his agent that corrective action shall be required to be in compliance with this article. Such notice shall describe what action is necessary to comply.

The owner or his agent shall have a time period, as set forth by the Code Compliance Division of the Community Development Department, to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this section and shall subject the property owner to fines as determined appropriate, by the Code Enforcement Board of the City.

(C)

Tree Topping or Hatracking or Trimming into Unnatural Shapes. It shall be unlawful for any person, firm or City department to top any tree. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove more than one-third (1/3) of the normal canopy and disfigure the tree. Trees which are hatracked/topped or unnaturally shaped may be required to be removed and replaced or mitigated by the planting of additional trees on or off site, in order to replace the tree canopy existing prior to the damage. More than one (1) tree may be required to replace each damaged tree, depending upon the size and canopy of the damaged tree. If the trees are not replaced the owner is subjected to a fine. The fines are laid out in Section 24-7.

Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the Director.

It shall be unlawful for any person, firm or City department to trim any tree into unnatural shapes. Unnatural shapes is defined as any shape that a tree would not naturally or normally grow into without trimming. Any penalty or fine imposed by the Code Enforcement Board for violation of this section shall be appealable directly to the City Manager prior to any other legal avenues of appeal.

(D)

Edging. Edging shall be accomplished in such a manner so as not to destroy landscaping material, rights of ways, or curbing.

(E)

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

(Ord. No. 2024-15, § 9, 1-21-25)

An existing tree on the site having a trunk diameter of three (3) inches or greater, except for an invasive species listed by FISC shall not be removed or relocated without a permit from the Community Development Department of the City. In evaluating whether to grant a tree removal permit, the City shall consider the size, species, health, rareness and age of the tree. A tree survey identifying all existing trees over three (3) inches in diameter shall be included with any site plan application. This survey drawing shall be overlaid directly upon the site plan sufficiently to provide the accurate location of all existing trees which are proposed to be destroyed, relocated, or preserved, the botanical and common name of each tree, and the diameter, height and canopy spread of each tree.

In addition, all applicable portions of Miami-Dade County Tree Protection Ordinance #89-8 are adopted herein. Applicability of the Miami-Dade County Ordinance shall be as determined by the City.

(A)

During site development, trees designated for preservation shall have protective barriers placed around each tree or cluster of trees in an area equivalent to the drip line or six (6) feet (in radius) whichever is greater from the trunk of any protected tree. In addition, no excess soil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers.

(B)

Trees that are to be relocated shall be consistent with the following minimum standards:

(1)

Tree roots shall be severed a minimum of ten (10) to twelve (12) weeks prior to relocation and in such a manner to provide a root ball, which is sufficient to ensure survival of the tree when relocated.

(2)

After relocation, tree(s) shall be watered almost daily for the first three (3) to four (4) weeks, then reduced to four (4) to five (5) times a week for the next four (4) weeks, and then reduced to a minimum three (3) times a week until established.

(3)

Any tree that dies or becomes nonviable within six (6) months of relocation shall be replaced with a comparable species and size, as determined by the Director.

(C)

A tree removal may be authorized when one (1) of the following conditions exist:

(1)

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

(2)

An equivalent replacement on the same site, or as an alternative on designated public property, is assured by written developer agreement. For each two (2) trees moved to a public site, one (1) required on-site tree shall be waived. The owner or his agent will be responsible for replacing any tree that dies with a tree of comparable species and size, as determined by the Director.

(3)

An application fee of twenty-five ($25.00) dollars per tree has been submitted to the City, and an amount of money equal to an equivalent replacement value is placed in the City Landscaping Account. Value is determined by guidelines outlined in Miami-Dade County I.O. No. 4-42, made effective October 1,2013.

(4)

A tree on residential property is deemed by an ISA certified arborist or a Florida licensed landscape architect to be dead, or otherwise pose an immediate risk to persons or property. Such documentation will need to be submitted to the Community Development Department.

(Ord. No. 2024-06, § 3, 5-21-24; Ord. No. 2024-15, § 10, 1-21-25)

The following shall apply to all developments requiring site plan approval except for single and two-family dwellings:

(A)

Perimeter Landscape Requirements.

(1)

Design: Adjacent to any street right-of-way plus along the perimeter of all VUAs there shall be a continuous buffer strip of not less than five (5) feet in width. These buffer strips shall include at least one (1) tree for each thirty (30) linear feet, or portion thereof, of perimeter. Where these buffer strips abut a vehicular use area, there shall be installed a hedge, berm, or other durable landscaped visual barrier, of not less than three (3) feet in height within one (1) year of planting. Buffer strips shall conform to the landscape and irrigation requirements for "low" water use zones.

(2)

Exceptions to requirements:

(a)

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

(b)

Abutting a right-of-way but no vehicular use area: Buffer strips shall require continuous hedges and one (1) tree for every twenty-five (25) feet.

(c)

Abutting a residential district: Buffer strips shall include a continuous solid fence, hedge, or other barrier vegetation or wall with a vine of three (3) feet height, five (5) feet on center, and one (1) tree every twenty-five (25) feet. Buffer strips shall conform to the landscape and irrigation requirements for "low" water use zones.

(d)

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

(B)

Interior Landscape Requirements. Within the interior of any VUA (total area less than required for perimeter buffer strips), the following shall be required:

(1)

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

(a)

Terminal Islands: Continuous rows of parking spaces shall be terminated on both ends with landscaped islands not less than ten (10) feet in width (excluding curbing), and with a minimum of one (1) tree per island. The ends of such islands may be tapered to accommodate vehicle circulation. Such islands shall extend the entire length of the parking space and include at least one (1) tree for every one hundred (100) square feet, or portion thereof, of said island. The remainder of the terminal island shall be well landscaped with grass or ground cover that conforms to the landscape and irrigation requirements for "low" water use zones.

(b)

Interior Islands: Landscaped interior islands shall be five (5) feet in width (excluding curbing) and not less than ninety (90) square feet each and shall be placed within individual rows of contiguous parking spaces so that there is not less than one (1) island for every eight (8) parking spaces, or portion thereof and shall continue the full length of the contiguous parking space. At least one (1) tree shall be planted in every interior island and the remainder of the island shall be landscaped with grass or ground cover that conforms to the landscape and irrigation requirements for "low" water use zones.

(c)

The following specifications shall be followed during installation:

i.

Trees shall be a minimum of twelve (12) feet in height and trunk DBH of two (2) inches; or

ii.

Palms shall be a minimum one (1) multiple trunk palm, with at least three (3) trunks, or a group of at least three (3) single trunk palms with a minimum overall height of sixteen (16) feet.

iii.

Tree spacing requirements and a maximum number of trees per island will vary by tree species and the soil volume requirements. Island size shall meet the soil volume necessary for the tree species selected to be planted in said island. The following sized islands shall serve as a guide for the selected trees or palms:

1.

One hundred thirty-five (135) square foot island size (9' x 15') for small trees or palms;

2.

Two hundred twenty-five (225) square foot island size (15' x 15') for medium trees or palms;

3.

Three hundred twenty-four (324) square foot island size (18' x 18') for large trees or palms;

4.

Three hundred seventy-eight (378) square foot island size (21' x 18') for large trees or groups of trees or palms; and

5.

Four hundred eighty-six (486) square foot island size (27' x 18') or larger for larger groups of trees or palms.

(d)

Interior islands should not be placed directly opposite each other when in abutting parking rows. Any arrangement which creates an unregimented appearance, relieves monotony, increases tree canopy and fulfills the requirements of this article may be approved by the Director.

(e)

Divider Medians: Where any row of contiguous parking spaces is located so as to abut an interior driveway rather than another row of contiguous parking spaces, a landscaped divider median of not less than five (5) feet (excluding curbing) in width shall be required between said row and the abutting driveway. At least one (1) tree shall be planted for every twenty-five (25) lineal feet of said median and the remainder of said median shall be landscaped with grass or ground cover which conforms to the landscape and irrigation requirements for "low" water use zones.

(f)

Parking lot landscaping should be designed to be sustainable and to function as part of the development's stormwater management system, utilizing vegetated islands as bioretention or swale areas at or below grade and with curb cuts. Existing natural drainage ways and vegetated channels shall be incorporated into the design, rather than the standard soil mounding and continuous concrete curb and gutter configuration, to decrease flow velocity and allow for stormwater infiltration.

(g)

Parking tiers shall be separated by a minimum of three (3) feet of nonirrigated landscape filter areas, unless impracticable considering lot size, site conditions, and minimum parking requirements. Landscape filter areas are to include a groundcover and landscape material that will achieve one hundred (100%) percent coverage when mature.

(h)

Parking lots shall be designed to drain the parking areas through the landscape filter areas, dividing the parking tiers to filter urban runoff.

(i)

Flexibility in the spacing of interior parking islands is permitted in retail centers to facilitate "view corridors" to anchor tenants' pedestrian entries, as long as the total required interior island plant count is provided and the spacing of shade trees to frame the view is not more than forty-five (45) feet.

(2)

When the interior of any VUA is designed primarily for purposes other than off-street parking, such as for drive-in or drive-thru banking or retailing, the drive-thru lane shall be separated from other VUA for its entire length, with a five (5) foot wide (excluding curbing) landscaped area planted with one (1) tree for every twenty-five (25) linear feet, and with turf grass or ground cover that conforms to the landscape and irrigation requirements for "low" water use zones. The portion of the drive-thru lane that is adjacent to the primary structure shall have a minimum three (3) foot wide landscaped area between the structure and the drive-thru lane.

(C)

Landscape Requirements for Nonvehicular Use Areas. Develop a landscape plan that beautifies, provides shade, and complements the architecture of the adjacent building, subject to the approval of the Director.

(D)

Vision Clearance.

(1)

When an accessway intersects a public street or alley right-of-way, or another accessway, or when the VUA is contiguous to the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas created by such intersections and defined below shall provide unobstructed vision clearance at an elevation of three (3) to six (6) feet in height. Vision clearance requirements shall comply with the American Association of State Highway & Transportation Officials (AASHTO).

(2)

Trees having over six (6) feet of clear trunk with limbs and foliage trimmed in such a manner as not to extend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard. No landscaping elements, except for grass or ground cover, shall be located nearer than five (5) feet to any accessway.

(3)

Intersection of two (2) public streets: The vision clearance area shall be the triangular area formed by the intersection of the two (2) streets beginning at the point where property lines meet at the corner, or in the case of rounded property corners, the point at which they would meet without such rounding, and then extending twenty-five (25) feet along each property line. The vision clearance area shall be where the two (2) furthermost points are connected by a diagonal line.

(4)

Intersection of any alley or accessway with a public street, or with another alley or accessway area at such intersections shall be as defined above, except that the two (2) equal sides of the triangular area shall be fifteen (15) feet in length.

(5)

Where City, Miami-Dade County or Florida Department of Transportation (FDOT) roads are involved, the City requires not more than fifty (50) percent of such areas shall be grass.

(E)

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

(F)

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

(G)

Generalized Minimum Landscape Requirements. All multifamily, nonresidential uses, and mixed-use areas, including facilities owned by the City, shall conform to the landscaping and buffering requirements set forth below. Zoning district regulations may contain further minimum landscape and buffering requirements related to specific uses.

(1)

Shade trees. All developments shall provide the required number of shade trees in compliance with the following standards:

(a)

Open space requirements: There shall be 1 tree for every two thousand (2,000) square feet of lot area.

(b)

All required perimeter trees shall consist of at least two (2) large species trees consistent with the Florida-Friendly Landscaping ™ Guide; except that up to forty (40%) percent of the required large trees may be substituted with smaller tree species at two (2) small trees for every one (1) large tree substituted.

(c)

No more than thirty (30%) percent of required shade trees shall be palms, where every three (3) palms shall equal one (1) required shade tree. Palms shall be a minimum height of sixteen (16) feet in height at time of planting.

(d)

Required perimeter trees and parking island shade trees shall count towards the required open space tree requirements.

(e)

Required perimeter trees and landscaping shall be placed so as to minimize conflict with existing trees on adjacent properties within twenty-five (25) feet of the property line and integrate the landscaping for both properties. Credit may be given for the tree requirement of the subject property if trees occurring on the abutting property are in conflict with those required trees.

(2)

Shrubs, hedging. All developments shall provide the required number of shrubs and hedging in compliance with the following standards:

(a)

When abutting a public thoroughfare, a single family residence, or a duplex complex, the property line shall have one (1) continuous hedge, except for ingress and egress openings, to be maintained by the property owner.

(b)

Open space requirements: ten (10) shrubs for every two thousand (2,000) square feet of lot area.

(3)

All developments shall provide the required foundation plantings in compliance with the following standards:

(a)

Foundation planting shall be installed adjacent to, and span a minimum twenty (20%) percent of, structures that face a public right-of-way; except that foundation planting shall not block any entryways, windows, or openings.

(4)

All permanent freestanding sign installations require the installation and establishment of a minimum of one (1) shrub for every two (2) lineal feet of width of the sign structure on each side and a minimum of five (5) square feet of groundcover around the perimeter of the sign base, designed in such a manner so as to not block the message on the sign.

For additional requirements for signs and permitting, please see Chapter 14-10, Florida Administrative Code and Chapter XXIV, Article XIII of the City code.

(Ord. No. 2024-15, § 11, 1-21-25)

All new single family and duplex residential dwellings shall conform to the following landscaping requirements:

(A)

Landscape requirements for new development residential zoning classifications will be as follows per platted lot:

In addition, the swale area shall be sodded to the edge of all pavements.

(B)

Partial waivers may be granted by the Director if Florida-friendly principles are used including, but not limited to, use of native landscaping materials and preservation of existing native vegetation.

(C)

Owners of detached single family and duplex residential dwellings shall submit landscape plans in the form of a landscape permit application. Any such landscape plans, or a note included on the corresponding site plans if no landscape plans are submitted for a particular project, shall identify the plants selected for the site and the quantity, size, and quality of such plants (including which plants constitute Florida-Friendly Landscaping ™ vegetation), and planting specifications, as required by this article.

(D)

Additional Minimum Landscape Requirements.

(1)

Shade trees. All developments shall provide the required number of shade trees in compliance with the following standards:

(a)

No more than fifty (50%) percent of required shade trees shall be palms, where every three (3) palms shall equal one (1) required shade tree.

(b)

A minimum of one (1) shade tree shall be planted in the front yard; all other required trees shall be planted consistent the principles of the Florida-Friendly Landscaping ™ Guide.

(2)

Foundation planting. Foundation planting shall be installed adjacent to and span along the foundation of any residential structure, or portion thereof, that faces a public right-of-way, except that foundation planting shall not block any entryways, windows, or openings.

(3)

Florida-Friendly Landscaping ™.

(a)

At least five (5%) percent of the lot area shall be installed with Florida-Friendly Landscaping™ principles.

(b)

All species and quantities of Florida-Friendly Landscaping™ shall count towards the total required amount of Florida-Friendly Landscaping™.

(4)

Irrigation.

(a)

All irrigation systems shall meet the irrigation standards developed pursuant to Section 373.228, Florida Statutes and Section 19-25 of this Code. All required landscape areas for single family residences and duplex dwellings shall be provided with an automatically-operating, underground irrigation system designed to have head-to-head coverage (one hundred (100%) percent coverage with one hundred (100%) percent overlap).

(b)

Pursuant to Section 373.62, Florida Statutes, rain shut-off switch equipment shall be required on automatic irrigation systems to avoid irrigation during periods of sufficient rainfall or soil moisture. The equipment shall consist of an automatic mechanical or electronic sensing device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

(5)

Fertilizer applications. Noncommercial fertilizer applicators, not otherwise required to be certified, such as private citizens applying fertilizer on private residential properties, are encouraged to follow the most recent edition of the Florida Yards and Neighborhood Handbook (University of Florida) and UF/IFAS Extension's most recent Florida Yards and Neighborhoods program recommendations.

(6)

Pesticide applications. Persons applying pesticides on private residential properties should use an "Integrated Pest Management Strategy," as currently recommended by the UF/IFAS Extension publications.

(Ord. No. 2024-15, § 12, 1-21-25)

(A)

Collection Authorization.

(1)

The Director shall collect a Landscape Application and Review Fee from the owner, developer, and/or contractor of any vacant or unimproved land in the City of North Miami Beach simultaneously with or prior to site plan review application, which fee shall be as adopted by ordinance of the North Miami Beach City Council for the following categories:

(a)

Parcels of land up to one half (½) acre in size.

(b)

Parcels of land greater than one half (½) acre to one (1) acre in size.

(c)

Parcels of land greater than one (1) acre to two (2) acres in size.

(d)

Parcels of land greater than two (2) acres to five (5) acres in size.

(e)

Parcels of land greater than five (5) acres in size.

(B)

The Community Development Department shall maintain a current Fee Schedule and Landscape Application.

(C)

Developed properties that do not require site plan review but are in violation of the provisions of this Code, shall pay said fee detailed above, prior to being found in compliance with said Code or prior to receipt of building permit(s).

(Ord. No. 92-3, 3/17/92; Ord. No. 2024-15, § 13, 1-21-25)

A right-of-way tree is any tree located on land which is open to travel by the public, including, but not limited to, a street, highway, sidewalk, swales, or alleyway. This section will outline standards and provide regulations for the management of right-of-way trees.

(A)

No right-of-way tree shall be removed/installed without first obtaining a permit from the Public Works Department. In evaluating whether to grant a tree removal permit, the City requires two (2) sets of plans/drawings packaged and stapled together, along with the signed and notarized permit application form. These plans must show existing right-of-way boundaries with all work clearly highlighted, as well as all buried utilities and overhead powerlines.

(1)

Replacement trees shall be a minimum range between eight (8) to twelve (12) feet high with a range of minimum crown spread between three (3) to five (5) feet at time of planting. Required Trees shall also be of a species which normally grow to a minimum height of twenty-five (25) feet and have a mature crown spread of not less than twenty (20) feet with trunks, which can be maintained, with over six (6) feet of clear wood.

(2)

A minimum of three (3) clustered small palms or one (1) large palm must be planted as replacement for each approved palm removal. Replacement trees/palms shall also adhere to the corridor characteristics outlined in this section.

(3)

All replacement trees shall comply with applicable vision clearance triangles, overhead and underground utilities, and right tree right place guidelines.

(4)

Replacement trees shall include frequent watering until established and a minimum one (1) year warranty.

(5)

Any tree which cannot be replaced shall be mitigated via a monetary equivalent to the City's Landscape Account. The City shall have the authority to determine how many trees they would like installed and how many mitigated as a cost equivalent.

(B)

All new trees planted in any right-of-way shall utilize the urban tree planting strategies outlined in the City's Urban Forestry Master Plan (Fig 1).

Urban Forestry Master Plan (Fig 1)

A complete list of recommended trees can be found in the City's Urban Forestry Master Plan.

(Ord. No. 2024-06, § 4, 5-21-24)

(A)

All site surveys must show all existing:

(1)

Zoning designations for the subject property and all contiguous parcels;

(2)

Grade elevations sufficient to determine the direction of existing flow or runoff;

(3)

Overhead, on-grade, and below-grade utilities such as transformers, fire hydrants, underground cables, water mains, etc.;

(4)

Light poles and type of lighting;

(5)

Sight distance triangles must be identified and shown at all road intersections; and

(6)

Tree and vegetation inventory.

(B)

All site assessments shall:

(1)

Determine whether existing wetlands or ecological communities exist onsite or within fifty (50) feet offsite from the perimeter of the subject property. If so, said wetlands or ecological communities shall be indicated on the survey;

(2)

For properties of five (5) acres or more in size, determine whether there is a reclaimed (reuse) water line within one thousand (1,000) feet of the subject property, as measured from the property line of the subject property, that is available for irrigation; and

(3)

Include the following:

(a)

Soil type and structure;

(b)

Topography;

(c)

Hydrology;

(d)

Climate factors; and

(e)

Vegetation.

(Ord. No. 2024-15, § 14, 1-21-25)