(a)

Applicability:

(1)

The provisions of section 30-100.1 shall be considered minimum landscape standards, which incorporate the practices of the Florida Yards & Neighborhoods Program ("FYN") developed by the University of Florida, IFAS extension, to address serious problems of pollution and disappearing habitats by enlisting homeowners in the battle to save our natural environment, and shall apply to all public and private development when a permit is required, except for the following:

a.

Existing attached and detached single family and town house dwellings, including future additions or expansions shall be exempt from the provisions of section 30-100.1.

b.

Existing developments, other than described in subsection a. above, which have legally permitted improvements that do not allow the property to meet the minimum landscape standards established in this subsection 30-100.1(e)(2) shall be allowed to remain as is, provided, however, the existing landscape areas are not reduced any further nor modified from the development order originally issued.

c.

Bonafide agricultural activities on any property receiving an agricultural classification and assessment pursuant to F.S. § 193.461, substantiated by a plan submitted indicating the area with the agricultural classification.

d.

Existing development shall be defined as a site with structures that were legally approved through the issuance of a certificate of use and occupancy or a certificate of completion as of the effective date of this division. An existing development shall only be required to comply with the street tree requirements of subsection (e)(2) infra, and parking lot buffers of subsection (e)(10) infra. The provisions of this subsection shall only apply where a building permit is required for external alternations or where a paving permit is required for expansion of parking areas. Routine maintenance such as re-roofing and painting shall not be considered external alteration. These requirements shall not apply to existing attached and detached single family home and townhouse dwellings pursuant to subsection (a)(1)a., above. A parking lot buffer will not be required if an inadequate area exists which will cause the elimination of any required parking pursuant to this Code.

(b)

Purpose and intent. It is the intent of this division to establish minimum standards for the village that enhance, improve and maintain the quality of the landscaped and natural environment, and to:

(1)

Promote xeriscape principles through the use of drought-tolerant landscape species, grouping of plant material by water requirements, the use of irrigation systems that conserve the use of potable and nonpotable water supplies and restrictions on the amount of lawn areas and comply with the South Florida Water Management District's Manual entitled "Water Wise Landscaping."

(2)

Use landscape material, specifically street trees, to visually define the hierarchy of roadways, and to provide shade and a visual edge along roadways.

(3)

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

(4)

Provide for the preservation of existing natural forest communities and specimen sized trees, re-establish native habitat where appropriate, and encourage the appropriate use of native plant material in the landscape.

(5)

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

(6)

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

(7)

Improve the aesthetic appearance of commercial and residential development through the use of plant material, thereby protecting and increasing property values within the community, and protecting designated historic landscapes.

(8)

Reduce the negative impacts of invasive pest plant species by prohibiting their use; prohibit the use of noxious exotic plants which invade native plant communities.

(9)

Promote the use of trees to protect and buffer the effects of high winds on structures.

(10)

Promote the retention and use of existing and native vegetation consistent with the South Florida Water Management District's "Water Wise Landscaping" Manual.

(11)

Promote the use of wind tolerant native species trees and palms that provide shelter and canopy.

(12)

Promote the FYN landscaping principle of planting the right tree in the right place to avoid problems such as clogged sewers, cracked sidewalks and power service interruptions.

(13)

Promote the FYN landscaping principle of choosing low-maintenance plants that are able to tolerate short periods without rainfall and that are relatively free from pests and diseases.

(14)

Promote the FYN landscaping principle of replacing high-maintenance and/or problem-prone plants with low-maintenance plant species that have low water and fertilizer requirements and few pest and disease problems.

(15)

Promote the FYN landscaping principle of protecting the waterfront by establishing a 20-foot "no-application" zone along the entirety of properties abutting water bodies, and by planting native aquatic and/or wetland plants that will act as a natural buffer and also attract wildlife.

(16)

Follow the landscape and public works manuals as an illustrative interpretation of the standards provided for this division.

(c)

Definitions.

Accessways shall mean drives providing ingress and egress to a property. No more than one two-way accessway shall be permitted for any street frontage up to 100 lineal feet or no more than two one-way accessways shall be permitted for any street frontage up to 100 lineal feet, such standards to be applicable to any property under one ownership. Where such ownership involves over 100 feet of street frontage, one additional two-way or two additional one-way drives may be permitted for each additional 100 feet of frontage or major fraction thereof. The balance of such street frontage not involved with access ways shall be landscaped in accordance with the provisions of this division.

Automatic irrigation system shall mean an irrigation system with a programmable controller or timing mechanism and a rain sensor device.

Bonafide agricultural activities shall mean the land used for the growing of food crops, nurseries for the growing of landscape material, the raising of livestock, horse farms, and other good faith agricultural uses, except any portion of the property not eligible for agricultural exemption, pursuant to F.S. ch 193.461.

Buffer, perimeter landscape shall mean an area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts.

Caliper shall mean the trunk diameter measured at a height of six inches above natural grade for trees under four inches in diameter. For trees four inches and greater in diameter, it shall mean the trunk diameter measured at 12 inches above natural grade.

Clearance pruning shall mean pruning required to avoid damage or danger related to structures, power distribution and property, as defined in the current ANSI A300 Standards.

Controlled plant species shall mean those plant species listed in the Miami-Dade Landscape Manual (hereinafter "Landscape Manual") which tend to become nuisances because of their ability to invade proximal native plant communities or native habitats, but which, if located and cultivated properly may be useful or functional as elements of landscape design, provided that they are not planted within 500 feet of the habitat that they are known to invade.

Diameter at breast height (DBH) shall mean the diameter of a tree's trunk measured at a height four and one-half feet above natural grade. In the case of multiple-trunk trees, the DBH shall mean the sum of each trunk's diameter measured at a height of four and one-half feet above natural grade.

Differential operation schedule shall mean a method of scheduling an irrigation system to apply different quantities of water, and/or apply water at different frequencies as appropriate, for different hydrozones.

Dissimilar land uses shall mean proximate or directly associated land uses which are contradictory, incongruous, or discordant such as higher intensity residential, commercial or industrial uses located adjacent to lower intensity uses.

Drip line shall mean an imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground.

Dumpster shall mean a refuse container of one cubic yard or larger.

Energy conservation zone shall mean a zone located no more than 22 feet from a structure in a 180 degree band from due east of the northeast point of the structure, to due south, to due west of the northwest point of the structure.

Facultative shall mean plants with a similar likelihood of occurring in both wetlands and uplands which are not recognized indicators of either wetland or upland conditions.

Florida Yards and Neighborhoods (FYN) Program shall mean an educational outreach program that teaches homeowners, landscape maintenance personnel, property managers, builders and developers, municipal governments and other stakeholder groups how to reduce stormwater runoff and nonpoint source pollution originating from urban yards and landscapes, while conserving water and saving time, energy and money. The program is supported statewide by the Florida Department of Environmental Protection (FDEP) and implemented jointly by the University of Florida and individual County Cooperative Extension offices.

Forbs shall mean herbaceous plants other than grasses.

Geologic feature shall mean a natural rock or mineral formation.

Gray water shall mean that portion of domestic sewage emanating from residential showers, residential bathroom washbasins or residential clothes washing machines.

Green space shall mean that portion of open space comprised of lawn, landscaped and native habitat areas.

Ground cover shall mean a dense, extensive growth of low-growing plants, other than turfgrass, normally reaching an average maximum height of not more than 24 inches at maturity.

Hatrack shall mean to flat-cut the top of a tree, or the removal of any branch three inches or greater in diameter at any point other than the branch collar, or reducing the trees living canopy by more than one-third except where removal of branches is necessary to protect property and public safety and except in compliance with section 30-100.2, FPL's Right Tree in the Right Place standard.

Hazard pruning shall mean the removal of dead, diseased, decayed, or obviously weak branches two inches in diameter or greater.

Heat island shall mean an unnaturally high temperature microclimate resulting from radiation from unshaded impervious surfaces.

Hedge shall mean a landscape barrier consisting of a continuous, dense planting of shrubs, not necessarily of the same species.

Herbaceous plant shall mean a plant having little or no woody tissue.

Hydromulch shall mean a sprayed application of seed, mulch and water.

Hydrozone shall mean a zone in which plant material with similar water needs are grouped together.

Included bark shall mean bark that is pushed inside a developing crotch, causing a weakened structure.

Invasive plant species shall mean the plant species listed by the Florida Department of Agriculture and Consumer Services, the Florida Department of Environmental Protection (FDEP), and/or the Miami-Dade County Department of Environmental Resources Management (DERM) as species which have become nuisances because of their ability to invade proximal native plant communities, and which are now prohibited for use in landscapes.

Irrigation detail shall mean a graphic representation depicting the materials to be used and dimensions to be met in the installation of the irrigation system.

Irrigation plan, shall mean a plan drawn at the same scale as the landscape plan, indicating location and specification of irrigation system components and other relevant information as required by this division.

Irrigation system shall mean a system of pipes or other conduits designed to transport and distribute water to keep plants in a healthy and vigorous condition.

Landscape feature shall mean a trellis, arbor, fountain, pond, garden sculpture, garden lighting, decking, patio, decorative paving, gazebo and other similar elements.

Landscape material shall mean plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees and nonliving material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials.

Landscape plan shall mean a plan indicating all landscape areas, stormwater retention/detention areas, areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend, landscape features, planting specifications, details, all landscape calculations, the size and zoning of the subject parcel, the length of all abutting and interior roadways, a north arrow, the scale of the plan, the percentage of native species for all trees and shrubs, graphic depictions of the minimum standards for planting and bracing for all trees, palms, and shrubs, view triangles where required, and all other relevant information in compliance with this division.

Landscape plan legend shall mean a legend included on the plans and shall include the common and scientific name for each species of plant, the total number for each species of plant, the minimum size for each plant at time of planting, the normal size for each plant at maturity, which trees or palms are to be utilized as "street" trees and which trees or palms are to be utilized as "lot" trees, illustrated symbols for each species of tree and palm included in the landscape plan, and all additional information as required by the "landscape legend table" as depicted in the landscape manual.

Lawn area shall mean an area planted with lawn grasses.

Line clearing shall mean maintaining, trimming, pruning, or removing of vegetation, including, but not limited to trees, shrubs or vines growing or existing within the proscribed proximity to electrical conductors and their necessary supporting or containing structures in order to prevent such growth from interfering with electrical distribution, as provided under section 30-100.2.

Manual irrigation system shall mean an irrigation system in which control valves and switches are manually operated rather than operated by automatic controls.

Moisture and rain sensor switches shall mean devices which have the ability to switch off an automatic irrigation controller after receiving a predetermined amount of rainfall or moisture content in the soil.

Mulch shall mean nonliving organic or inorganic materials customarily used in landscape design to retard erosion, weed infestation, and retain moisture and for use in planting areas.

Multi-family residential development shall mean any residential development other than attached or detached single family or duplex.

Multiple single family development shall mean attached and detached single family developments that are planned as a total project and not as a single family unit on a single lot.

Native habitat shall mean an area enhanced or landscaped with an appropriate mix of native tree, shrub and groundcover species that resembles a native plant community or natural forest community in structure and composition or is naturally occurring.

Native plant community shall mean a natural association of plants dominated by one or more prominent native plant species or a characteristic physical attribute.

Natural forest community shall mean all assemblages of vegetation designated on the Miami-Dade County Natural Forest Community Maps and further defined in Chapter 24 of the Miami-Dade County Code.

Native plant species shall mean plant species with a geographic distribution indigenous to all or part of Miami-Dade County. Plants which are described as being indigenous to Miami-Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela, "Guide to Vascular Plants of Florida" by R. Wunderlin & B. Hansen (2003), and "The Biology of Trees Native to Tropical Florida" by P. B. Tomlinson, are native plant species within the meaning of this definition. Plant species which have been introduced into Miami-Dade County by man are not indigenous plant species.

Net lot area shall mean for the purpose of this division, the area within lot boundaries of all landscape comprising the site. Net lot area shall not include any portion of the abutting dedicated streets, alleys, waterways, canals, lakes or any other such dedications.

One-family or single family dwelling shall mean a private residence building used or intended to be used as a home or residence in which all living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all appliances for sanitation, cooking, ventilating, heating or lighting are designated for the use of one family only.

Open space shall mean an area required to remain open under Division 30-50 of this Code for each respective zoning district.

Overhead irrigation system shall mean a high pressure, high volume irrigation system.

Planting detail shall mean a graphic representation of the plant installation depicting the materials to be used and dimensions to be met in the placement of plants and other landscape materials.

Prohibited plant species shall mean those plant species listed in the Miami-Dade Landscape Manual or otherwise listed by DERM, which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare and shall include the prohibited trees listed under Chapter 24, Article IV, Division 2 of the Miami-Dade County Code.

Protective barrier shall mean a temporary fence or other structure 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(s).

Qualified line-clearance professional shall mean an individual who, through related training and on-the-job experience, is familiar with the equipment and hazards in line clearance and has demonstrated the ability to perform the special techniques involved. This individual may or may not be currently employed by a line-clearance contractor. In conducting the line clearing, the qualified line clearing professional must adhere to the standards set forth in the American National Standards Institute (ANSI).

Shrub shall mean a self-supporting woody perennial plant normally growing to a height of 24 inches or greater, characterized by multiple stems and branches continuous from the base.

Site plan shall mean a comprehensive plan drawn to scale indicating appropriate site elevations, roadways, and location of all relevant site improvements including structures, parking other paced areas, ingress and egress drives, landscaped open space and signage.

Specimen tree shall mean a tree with any individual trunk which has a DBH of 18 inches or greater, or the sum of all multi-trunk trees 18 inches or greater, but not including the following:

(1)

All trees listed in Section 24-49(4)(f) as defined in Chapter 24 of the Miami-Dade County Code;

(2)

Nonnative fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangos, avocados, or species of citrus;

(3)

Nonnative species of the genus Ficus; and

(4)

All multitrunk trees in the palm family, except Paurotis Palm (Accelorrhaphe wrightii) which have a minimum overall height of 15 feet.

Spray head shall mean an irrigation device which applies water to the soil or plant surface by fixed spray or mist nozzles.

Stabilized lawn area shall mean an area of ground underlain with structural support in the form of grass pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks and garbage trucks.

Stormwater retention/detention area shall mean an area designed, built and used for temporary storage of stormwater. For purposes of this division, these areas are intended to be permanently exempt from wetland regulations.

Stormwater runoff shall mean rainwater that flows off of yards, roads, parking lots or streets into canals, streams, bays, and other water reservoirs, carrying with it all pollutants, including oil residues from paved areas and excess fertilizers and pesticides from urban landscapes.

Temporary irrigation systems shall mean a system including surface distribution elements such as hoses or pipes which may be easily removed when landscape is established.

Tree shall mean any self-supporting woody perennial plant which, at maturity, attains a trunk diameter of at least four inches when measured at a point four and one-half feet aboveground level and which normally attains an overall height of at least 25 feet, usually with one main stem or trunk and many branches.

Tree abuse shall mean abuse to trees that includes:

(1)

Damage inflicted upon any part of a tree, including but not limited to the root system or cambium layer penetration by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction, excavation, chemical application or spillage, with change to the natural grade, intentional vehicle abuse, fire, storage or disposal of toxic or hazardous substances, or any removal of the outer bark area.

(2)

Cutting upon any tree which destroys its natural shape, such as topping or hatracking.

(3)

Girdling or bark removal of more than one-third of the tree circumference.

(4)

Tears or splitting of limb ends or peeling or stripping of bark resulting from improper pruning techniques not in allowance with the current ANSI A300 standards.

(5)

Flush cuts that cut into the branch collar.

(6)

Driving any item into limbs or trunks.

(7)

Damage inflicted to or cutting upon a tree which permits infection or pest infestation.

(8)

Fastening any sign, rope, wire or object by nail, staple, chemical substance, or other adhesive means to go on, through, or around, any tree, causing permanent damage to the tree.

(9)

Any pruning, or cutting, in violation of the practices established by the National Arborist Association.

(10)

Any act that would cause a tree to become nonviable. Any act of tree abuse that renders a specimen tree to be nonviable or effectively destroyed shall constitute "effective removal" and require full compliance with this division.

Tree canopy cover shall mean the aerial extent of the branches and foliage of a tree.

Understory shall mean the complex of woody, fibrous, and herbaceous plant species that are typically associated with a natural forest community, native plant community, or native habitat.

Vegetation shall mean and include, but is not limited to all types, maturity, and varieties of trees, plants, shrubs, palms, or components thereof.

Vegetation required to be preserved by law shall mean the portions of a site, including but not limited to specimen trees, natural forest communities or native vegetation which are clearly delineated on site plans, plats, or recorded restrictions, or in some other legally binding manner that are to be protected from any tree or understory removal or effective destruction and maintained without any development.

Vegetation survey shall mean a drawing provided at the same scale as the landscape plan which includes relevant information as required by this division.

Vehicular use area shall mean a hard surface area designed or used for off-street parking and/or an area used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles.

View triangle shall mean an area at road intersections which shall not contain obstructions to cross-visibility at a height of two and one-half feet or more above pavement, commonly referred to as safe sight distance triangles. The size and location for view triangles shall be as defined in Division 30-60 of this Code and in the public works manual.

Vine shall mean a plant with a flexible stem which normally requires support to reach mature form.

Xeriscape shall mean a type of landscaping utilizing native plants and ground cover that needs reduced water and little maintenance.

(d)

Plans required.

(1)

General. A landscape plan shall be required for all development other than that provided for in subsection 30-100.1(a) of this division. The landscape plan shall be approved by the village, and where provided pursuant to subsection 30-100.1(d)(3), an irrigation plan shall be approved, prior to the issuance of any building permit or paving for new parking areas or expansion of existing parking areas.

(2)

Landscape plan for the construction of individual single family residence, a duplex dwelling unit or properties located within the FT&I and VMU zoning districts. The landscape plan may be indicated on a plot plan or a separate drawing prepared by the architect, landscape architect or certified designer indicating primary landscape elements including existing and proposed tree and plant species, locations, quantities, sizes; locations of existing coral rock or oolitic limestone walls; and, other hardscape features.

(3)

Landscape plan; other development. For all other development, other than those provided in subsections 30-100.1(a) and 30-100.1(d)(2), the landscape plan shall be prepared by, and bear the seal of a landscape architect licensed to practice in the State of Florida. The landscape plan shall be provided as part of the submission for site plan approval and shall:

a.

Be drawn to scale and include property boundaries, north arrow, graphic scale, date, name, address and telephone number of landscape architect.

b.

Include a vegetation survey, including a current aerial photograph which outlines the subject site, provided at the same scale as the landscape plan. This vegetation survey will define the species, size, condition and disposition of existing vegetation. A tabular summary of mitigation requirements, as defined by Miami-Dade County DERM shall be included. The vegetation survey shall be accompanied by an aerial photograph which outlines the subject site without obscuring its features. The vegetation survey shall provide the following information:

i.

The accurate location and graphic representation, in relation to existing development, of all existing trees of a minimum two-inch DBH or ten-foot height or, for native trees, of a minimum one and one-half DBH or eight-foot height, including those which are proposed to be removed, relocated or preserved on site in accordance with the requirements of this Code and Section 24-60 of the Code of Miami Dade County.

ii.

The boundaries of any native habitat, native plant community, native plant species, and/or Natural Forest Community and associated understory that exists on site, as determined by DERM.

iii.

A table showing the following information:

A.

The scientific and common name of each tree, each of which shall be numbered.

B.

The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH for all trunks.

C.

An estimate of the height, canopy cover, and physical condition of each tree, and whether specimen tree(s) exist on-site.

c.

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

d.

Document compliance with Right Tree in Right Place guidelines contained in this division.

e.

Indicate the common and scientific name, height, spread, quality and quantity of plants to be installed using "landscape legend" code format as defined in this division.

f.

Identify all landscape features and nonliving landscape materials.

g.

Show all areas of vegetation required to be preserved by law, including but not limited to trees, specimen trees, native plant species, natural forest communities, native habitats and wetlands.

h.

Illustrate geologic, historic and archeological features to be preserved.

i.

Conform to the "Village of Palmetto Bay Street Tree Master Plan."

j.

Dumpsters: All dumpsters shall be completely screened from view from the adjacent properties and the public right-of-way by the use of walls or fences and landscaping material, subject to the approval of the village.

k.

Depict stormwater retention/detention areas and areas excluded from maximum permitted lawn area.

l.

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

m.

Show building coverage and the location and dimension of greenbelt and water areas proposed for business zones.

n.

Complete "preparer's certification of landscape compliance." final landscape plans submitted for permit shall include all of the above, as well as the following:

i.

A fully completed, permanently affixed landscape legend.

ii.

Location of trees, plant beds, existing and proposed landscape features, and hardscape areas.

iii.

Method(s) to protect and relocate existing trees and native plant communities during construction.

iv.

Planting and bracing details and specifications.

v.

Irrigation plans, details and specifications, as may be required.

o.

Notarized "preparer's certification of landscape compliance" prior to the final inspection.

(4)

Irrigation plans. An irrigation plan shall be submitted if a sprinkler system is provided, as may be required by the zoning district. Rain sensors are encouraged. No irrigation plan is required for xeriscape landscaping.

a.

For a new one-family residence, duplex dwelling unit or property located within the FT&I and VMU zoning districts, the irrigation plan may be indicated on a plot plan or a separate drawing prepared by the architect, landscape architect or certified irrigation designer indicating area(s) to be irrigated, location and specifications of lines and heads and pump specifications.

b.

All other development other than those provided in subsections 30-100.1(a) and 30-100.1(d)(4)a. shall:

i.

Be drawn on a base plan at the same scale as landscape plan(s).

ii.

Delineate landscape areas, major landscape features, and hydrozones.

iii.

Delineate existing and proposed structures, parking areas or other vehicular use areas, access aisles, sidewalks, driveways, the location of utilities and easements, and similar features.

iv.

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

v.

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

vi

Shall include irrigation details.

c.

Purpose of irrigation plan.

i.

All newly-planted and relocated plant material shall be watered by temporary or permanent irrigation systems until such time as they are established.

ii.

Irrigation shall be prohibited within native plant communities and natural forest communities, except for temporary systems needed to establish newly planted material. Temporary irrigation systems shall be disconnected and removed immediately after establishment of plant communities.

iii.

Irrigation systems shall be designed to conserve water by allowing differential operation schedules based on hydrozone and/or by installing rain sensor controls.

iv.

Irrigation systems shall be designed, operated, and maintained so as to not overthrow or overflow on to impervious surfaces.

v.

Low trajectory spray heads, and/or low volume water distributing or application devices, shall be used. Overhead irrigation systems shall only be permitted in bonafide agricultural activity areas.

vi.

Gray water shall be used where approved systems are available and in accordance with Florida law.

vii.

During dry periods, irrigation application rates of between one and one-half inches per week are recommended for turf areas. Under drought conditions, compliance with the watering restrictions enacted by the village is required.

viii.

A functioning moisture or rain sensor shut-off device shall be required on all irrigation systems equipped with automatic controls, as required by state law. The device shall not be installed under the eaves of houses, buildings or other obstructions, nor in the path of the irrigation system.

ix.

If an irrigation system is not provided, a hose bib shall be provided within 75 feet of any landscape area.

(e)

Minimum landscaping standards. The following standards shall be considered minimum requirements unless otherwise indicated:

(1)

Lawn areas (turf).

a.

Lawn areas shall be planted in species well adapted to localized growing conditions in Miami-Dade County and shall be solid sodded for immediate effect.

b.

Exclusions from maximum permitted lawn areas:

i.

Stabilized lawn areas used for parking;

ii.

Lawn areas designated on landscape plans and actively used for sports, playgrounds or picnic areas;

iii.

Lawn areas in the right-of-way;

iv.

Stormwater retention/detention areas planted in grasses which are very drought tolerant, as referenced in the landscape manual, as well as tolerant to wet soils.

c.

Very drought tolerant grasses and low growing native plants, including grasses and forbs, as referenced in the landscape manual, may be used as groundcover beyond the maximum permitted lawn area.

d.

The maximum amount of lawn area for residential uses shall be limited to a maximum of 60 percent of the landscaped open space required.

e.

The maximum amount of lawn area for commercial and office uses shall be limited to a maximum of 20 percent of the open space required.

f.

The maximum amount of lawn area in mixed use zoning districts shall be limited to a maximum of 50 percent of the net lot area.

(2)

Trees generally.

a.

Tree size and species. All trees, except street trees and trees located beneath power lines, shall be a minimum of 12 feet high and have a minimum caliper of three inches at time of planting except that 30 percent of the tree requirement may be met by native species with a minimum height of eight feet and a minimum caliper of one and one-half inches at time of planting. When selecting tree species, preference shall be given to those species listed as being medium or highly tolerant to wind as listed in the landscape manual. Table a lists the minimum number of trees required to be provided on-site by net lot size. Street trees may be required and are in addition to Table A's on-site requirements. Unusual uses must comply with the requirements of the underlying zoning district.

TABLE A
MINIMUM NUMBER OF TREES
(in addition to street tree requirements)

b.

Street tree size and spacing. Street trees shall be of a species typically grown in Miami-Dade County which normally mature to a height of at least 20 feet. Street trees shall have a clear trunk of four feet, an overall height of 12 feet and a minimum caliper of three inches at time of planting, and shall be provided along all roadways at a maximum average spacing of 35 feet on center, or as defined in any Village of Palmetto Bay Street Tree Master Plan or in sub-district street type parameters and landscape provisions of the FT&I District zoning regulations as found in Division 30-50. Street trees are not required when a colonnade open to the public is located within four feet of the edge of the roadway. The 35-foot average spacing requirement for multiple single family units such as zero-lot-line and townhouse developments shall be based on the total lineal footage of roadway for the entire project and not based on individual lot widths. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the public works department or the appropriate authority within the village. Street trees planted along private roadways shall be placed within seven feet of the edge of roadway pavement and where swale area width permits, within seven feet of the sidewalk. All trees placement, height and pruning shall comply with the village's right tree in the right place policy.

c.

Lawn areas that are to be used for organized sports such as football and soccer or other similar sports or playgrounds, that are clearly identified on a landscape plan shall not be counted toward calculating tree requirements.

d.

Trees shall be planted to provide shade to residential structures of a height of 35 feet or less. At least two required lot trees shall be positioned in the energy conservation zone of every residence. All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs as referenced in the landscape manual.

e.

Palms of a ten-foot minimum overall height or minimum caliper of three inches at time of planting shall count as a required tree on the basis of two palms-per tree, except as provided herein for palms used as street trees under subsection (3), infra. No more than 30 percent of the minimum tree requirements may be met by palms. Palms shall have spacing of 25 feet on center.

f.

Existing trees required by law to be preserved on site may be counted toward fulfilling the minimum tree requirements.

g.

Prohibited and controlled tree species as defined by Miami-Dade County and DERM shall not be counted toward fulfilling minimum tree requirements. Prohibited trees shall be removed from the site prior to the issuance of a certificate of occupancy.

h.

Thirty percent of the required trees and/or palms shall be native species.

i.

In order to prevent adverse environmental impacts to existing native plant communities, only existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy minimum tree and native plant requirements, except that Cabbage Palms which are rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements.

j.

When trees are planted within the right-of-way, the owners of land adjacent to those areas are to maintain the areas including the trees, plants and sod, as provided in this division. A covenant executed by those owners is required, or a special taxing district may be created to maintain these areas.

k.

Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions.

l.

Planting sites shall be selected as to provide adequate space and sunlight for growth so as to insure the future viability of the plant and to allow it to attain its natural mature shape and size.

m.

All required trees and palms shall be braced as shown in the tree and palm planting detail section of the landscape manual.

(3)

Palms. Palms which meet all of the following requirements shall count as a required street tree on the basis of three palms per one tree.

a.

Minimum canopy of 15 feet at maturity.

b.

Provided at an average maximum spacing of 25 feet on center, or as defined in the Village of Palmetto Bay Street Tree Master Plan.

c.

Fourteen-foot minimum overall height and six feet of gray wood.

(4)

Shrubs.

a.

All shrubs shall be a minimum of 18 inches in height when measured immediately after planting.

b.

Shrubs shall be provided at a ratio of ten per one required tree.

c.

Thirty percent of the shrubs shall be native species.

(5)

Hedges. Hedge requirements shall be as provided below. Properties located in the FTI& I zoning district shall comply with the specific requirements contained in Division 30-50.

a.

When shrubs are used as a visual screen or buffer to form a hedge, shrubs shall be planted at a maximum average spacing of 30 inches on center or if planted at a minimum height of 36 inches where permitted, shall have a maximum average spacing of 36 inches on center and shall be maintained so as to form a continuous, unbroken and solid visual screen within one year after time of planting.

b.

Hedges shall not have a height limit, provided however the hedges are maintained neat and trimmed by the property owner without causing material adverse effects to adjacent properties.

c.

A hedge need not be of the same species.

(6)

Vines. Vines shall be a minimum of 12 inches in length immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. Planting of perimeter walls with vines is recommended as a deterrent to painting of graffiti.

(7)

Ground covers. Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within six months after planting.

(8)

Mulch.

a.

Weed-free mulch should be applied and maintained in a minimum three-inch layer under and around all trees and shrubs, as appropriate.

b.

The use of mulch should be restricted to planting areas.

c.

Cypress mulch shall not be used because its harvest degrades cypress wetlands.

(9)

Buffers between dissimilar land uses, except for within the FT&I District. Where dissimilar land uses exist on adjacent properties, and where such areas will not be entirely visually screened by an intervening building or structure from abutting property, that portion of such area not screened shall be provided with a buffer consisting of a six-foot high wall or fence, or shrubs which normally grow to a minimum height of six feet. Shrubs used as part of a buffer shall be a minimum of 30 inches in height at the time of planting, and shall be planted at a maximum average spacing of 36 inches on center. Said buffer shall form a continuous screen between the dissimilar land uses within one year after planting. Where chain link fencing is permitted, shrubs shall also be required. Buffers screening dissimilar uses shall include trees planted at a maximum average spacing of 35 feet on center within a minimum five-foot landscaped strip. Where dissimilar land uses exist on adjacent properties within the FT&I District, the height of a fence or wall that may be erected or maintained on the common property line shall be the tallest height permitted in either district.

(10)

Parking lot buffers, except for within the FT&I District. All parking lots adjacent to a right-of-way or private street shall be screened by a continuous planting and/or three-foot high wall with a seven-foot landscaped strip incorporating the planting and/or wall on private property. Planting material at time of planting shall be either a minimum height of 18 inches with a maximum average spacing of 30 inches on center, or a minimum height of 36 inches with a maximum average spacing of 36 inches on center.

(11)

Landscaped areas in parking lots. Ten square feet of landscaped area per parking space shall be provided within a parking lot. In order to maximize the distribution of shade, trees shall be planted throughout the interior of the parking lot at a minimum density of one tree per 80 square feet of landscaped area, exclusive of parking lot buffers. Planting areas for each tree shall have a minimum width of five feet, exclusive of the curb dimension, and shall be planted or covered with other landscape materials. This requirement is in addition to any applicable required open space as provided in Division 30-50.

(12)

Plant quality.

a.

Plants shall conform to, or exceed, the minimum standards for Florida Number One as provided in the most current edition of "Grades and Standards for Nursery Plants, Part I and II," prepared by the FDOA.

b.

Trees shall have one primary vertical trunk and secondary branches free of included bark up to a height of six feet above natural grade.

(13)

Stormwater retention/detention areas.

a.

Stormwater retention/detention areas shall be designed to follow FYN "Florida-friendly" landscaping principles by maximizing the perimeter dimension, where feasible.

b.

Stormwater retention/detention areas shall be planted throughout with native herbaceous plants, with the following exceptions:

i.

In areas that are designated and actively used for play and/or picnic areas, overflow parking, or sports shall be planted with grasses which are very drought tolerant, as referenced in the landscape manual as well as the FYN "Florida-friendly" landscaping principles, as well as tolerant to wet soils.

ii.

In areas where the minimum required stormwater retention capacity would be adversely affected.

c.

The minimum required number of native herbaceous facultative plants shall be one plant per square foot of retention/ detention area, including the slope. Minimum required herbaceous plant container size shall be one and one-half inches, commonly, referred to as a liner. Sprigging, seeding, plugging, hydro-mulching or sodding with native herbaceous facultative plants grown from local seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year after planting.

d.

Native trees or shrubs may be used in lieu of native herbaceous facultative plants, provided that the minimum required stormwater retention capacity is not adversely affected.

e.

Native herbaceous plants shall be species selected from the list of "Suggested Facultative Plant List for Stormwater Retention/Detention Areas" in the landscape manual.

(14)

It is recommended that required plants not encroach onto adjacent parcels, with the exception of street trees.

(15)

Planters.

a.

Required planters shall be a minimum of 20 gallons and shall be in accordance with the types specified in the village's street improvement guidelines. The vegetation must be perpetually maintained. A covenant or development agreement shall be executed by those owners to maintain required planters.

b.

Within all commercial, office and mixed-use districts, a minimum of two planters shall be required to be placed in front of and flanking the principal entrance to every building or at the principal entrance of each individual establishment with direct, ground level frontage onto the public right-of-way.

(f)

Landscape plan review criteria. All landscape plans shall be reviewed by the village and where applicable, by DERM. Landscape plans shall be reviewed in accordance with the following goals and objectives and the guidelines and illustrations provided in the Miami-Dade Landscape Manual.

(1)

Landscape design shall enhance architectural features, relate structure design to the site, promote energy conservation, visually screen dissimilar uses and unsightly views, reduce noise impacts from major roadways and incompatible uses, strengthen important vistas and reinforce neighboring site design and architecture.

(2)

Existing specimen trees, native vegetation (including canopy, understory, and ground cover) and Natural Forest Communities shall be preserved to the maximum extent possible and all requirements of Chapter 24 of the County Code.

(3)

In order to conserve water, reduce maintenance, and promote plant health, plant species shall be selected and installed based on their water needs, growth rate and size, wind tolerance, and resource inputs. Plants with similar water needs shall be grouped in hydrozones. Adequate growth area, based on natural mature shape and size shall be provided for all plant materials.

(4)

The plan shall include and emphasize the use of native plant species in order to re-establish an aesthetic regional quality and take advantage of the unique diversity and adaptability of native species to the environmental conditions of South Florida. Where feasible, the re-establishment of native habitats shall be incorporated into the landscape plan.

(5)

Trees and shrubs shall be planted in the energy conservation zone where feasible, in order to reduce energy consumption by shading buildings and shall be used to reduce heat island effects by shading paved surfaces.

(6)

Drought tolerant street trees shall be used to shade roadways and provide visual order. Where feasible, selected species shall be used to establish a road hierarchy by defining different road types in accordance with the village's street tree master plan.

(7)

Special attention shall be given to the use of appropriate species located under, or adjacent to overhead power lines, and near native plant communities and near underground utility lines. Adequate growth area shall be provided for all plant materials.

(8)

Landscaping shall be designed in such a way as to provide safe and unobstructed views at intersections of all roadways, driveways, recreational paths and sidewalks.

(9)

Historic landscapes and landscape features designated by local, state or federal governments shall be preserved. Coral rock or oolitic limestone walls deemed historic landscape features shall be preserved.

(g)

Preparer's certification of landscape compliance.

(1)

A preparer's certification of landscape compliance bearing the original letterhead of the landscape architecture firm and licensing number shall be submitted to and approved by the village prior to issuance of any final certificate of use, certificate of occupancy or certificate of completion. The preparer's certification of landscape compliance shall contain a statement, signed and sealed by the landscape architect, who prepared the approved plans, that the landscape and irrigation plans have been implemented and that all requirements of this division have been met. Any changes or substitutions to the approved plan shall be approved by the original designing firm prior to the implementation of said changes and substitutions. All changes or substitutions to the approved plan shall be noted on all copies. Changes and substitutions of plant material shall be of similar quality, quantity and size, as originally approved and shall be in compliance with the intent and requirements of this division.

(2)

The department of planning and zoning shall have the right to inspect all projects for compliance prior to issuance of a certificate of use, occupancy or completion.

(Ord. No. 08-21, § 1, 10-6-2008; Ord. No. 2012-28, § 1, 11-5-2012)

(a)

Intent. This section seeks to maintain the prevailing purpose and intent of subsection 30-100.1(b) by providing an alternative method for developments to come into compliance with the village's landscaping code found at Division 30-100. This section establishes a program which will permit required landscaping to be installed off the project site, in a public location within the village, when other zoning requirements limit the area available to accommodate such plantings. The remedy offered by this section shall not apply to the amount or type of landscaping required by Article 18A of the Miami-Dade County Code.

(b)

Authority. Due to the county's home rule power and the minimum requirements established in Article 18 of the Miami-Dade County Code, the village is precluded from offering a mitigation remedy from those provisions. However, as the village's tree and landscaping requirements are more stringent than that required by Article 18A of Miami-Dade County, the village may offer a mitigation remedy through implementation of this landscaping mitigation program. This mitigation would obviate the necessity of seeking a variance under the provisions of Division 30-30, relating to the village's landscaping requirements as delineated in Division 30-100.

(c)

Landscaping mitigation fund. There shall be established a landscape mitigation fund for the purpose of the village receiving an equitable amount of funds from the applicant as that required for landscaping which may not be accommodated on site or in the adjacent rights-of-way as required by Division 30-100 of this Code. The required mitigation payments shall be utilized to install landscaping throughout the village's rights-of-way and parks and may also be used for on-going maintenance of those landscaped public areas. The funds shall be maintained in a separate and segregated fund and shall be disbursed for the acquisition, maintenance, management, protection, and/or for planting of landscaping on public property. The village manager and finance director are authorized to establish the landscape mitigation fund and to receive and disburse monies in accordance with the provisions of this section. All interest earned by the investment of all monies in the landscape mitigation funds shall accrue to the benefit of the fund and be eligible for disbursement for any project authorized and consistent with the provisions of this section.

(d)

Definitions. For the purpose of this section, the following definitions shall apply.

(1)

Large tree shall mean any tree as classified in Division 30-100 with a height, at maturity, exceeding 20 feet.

(2)

Project site shall mean the property subject to a site plan or other applicable development permit thereto, inclusive with that portion of the plantable right-of-way up to the centerline thereof, exclusive of any central median that may exist thereto.

(3)

Small tree shall mean any tree as classified in Division 30-100 with a height at maturity that does not exceed 20 feet.

(e)

Applicability. Requests eligible for consideration under the landscape mitigation program must comply with the criteria below.

(1)

Submittal of a landscape mitigation application by the property owner or his/her authorized agent together with an application fee as established by ordinance by the village council. All costs associated with the request for mitigation shall be borne by the applicant.

(2)

The applicant shall be required to demonstrate that the request for mitigation is due to other zoning requirements and/or vested development rights which obstruct or preclude compliance with Division 30-100.

(3)

That the request is limited to village required landscaping above and beyond the minimum requirement established by Miami-Dade County Code, Article 18A.

(4)

That the trees being provided on the project site shall be maximized per the following standards:

(i)

Street trees and other narrow landscape strips:

Large tree: One tree planted every 25 feet on center;

Small tree: One tree be planted every 20 feet on center;

Palm tree: One tree every 15 feet on center.

(ii)

All other available landscape areas:

Large tree: One tree be planted to every 65 square feet of landscape area;

Small tree: One tree be planted every 50 square feet of landscape area; and,

Palm tree: One tree be planted every 40 square feet of landscape area.

(iii)

Shrub and ground cover: As required by subsection 30-100.1(e)(4).

(f)

Mitigation. If the application conforms to the criteria above, any remaining landscaping as required by this division, excluding that which is required by Article 18A of the Miami-Dade County Code of Ordinances, shall be eligible for mitigation. Mitigation eligible landscaping shall be paid per the fee schedule as established by ordinance. Any payment into the Mitigation fund shall not be refundable. The application shall be administratively reviewed by the applicable departments and the site plan documented to reflect participation in the village's landscaping mitigation program. All payments into the landscaping mitigation fund shall be made within 30 days of approval of the application, and prior to planning and zoning sign-off on the site plan. Failure to pay into the fund shall render the mitigation request denied and may result in an enforcement action by the code compliance department for compliance to Division 30-100. Any further request shall be by new application and subject to all applicable fees.

(g)

Landscaping master plan. To assist in the strategic, systematic and predicable application of the landscape mitigation program, the village council, may adopt, by resolution, a landscaping master plan. If adopted, the plan at a minimum should provide an inventory of existing tree canopy along the village's commercial corridors, identify and develop an overall landscaping plan/identity, and establish priorities for where such plantings are to be installed. Any subsequent modifications to the landscaping master plan shall be by resolution of the village council.

(Ord. No. 2012-08, § 2, 4-2-2012)

(a)

A property owner is responsible to ensure that landscaping is:

(1)

Installed and maintained in compliance with the applicable cultivated landscape requirements, provided, however, the exceptions found at subsection 30-100.1(a);

(2)

Maintained as to present a healthy, vigorous, and neat appearance free from weeds, refuse and debris;

(3)

Sufficiently fertilized, braced, watered, and cultivated to maintain the plant material in a healthy condition; and

(4)

Maintained to keep cultivated vegetation from encroaching onto or posing a hazard to those using sidewalks, rights-of-way, or pathways.

(b)

If any tree or plant dies which is being used to satisfy landscape requirements imposed by section 30-100.1, such tree or plant shall be replaced by the property owner with the same landscape material or an approved substitute as designated by the village.

(c)

Trees shall be pruned in the following manner:

(1)

All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub. Use of wound sealants on cuts is highly discouraged.

(2)

Removal of dead wood, crossing branches, weak or insignificant branches, and sucker shall be accomplished simultaneously with any reduction in crown.

(3)

Cutting of lateral branches that results in the removal of more than one-third of all branches on one side of a tree shall only be allowed if required for hazard reduction or clearance pruning.

(4)

Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass in the lower two-thirds of the tree.

(5)

No more than one-third of a tree's living canopy shall be removed within a one year period.

(6)

Trees shall be pruned according to the current ANSI A300 Standards and the landscape manual.

(7)

All trees shall be aerial pruned as needed to minimize potential hazards from wind and storms.

(d)

Prohibitions.

(1)

Prohibited plant species. Prohibited species shall not be planted and shall be removed from any site which is subject to the requirements of subsection 30-100.1(a). All other property owners are encouraged to remove prohibited species from their property.

(2)

Controlled plant species. Controlled species shall not be planted within 500 feet of a Natural Forest Community or native habitats as defined herein.

(3)

West Indian Mahogany. West Indian Mahogany, Swietenia mahagoni, shall not be planted within 500 feet of a rockland hammock or pine rockland.

(4)

Tree abuse. Tree abuse is prohibited. Abused trees shall not be counted toward fulfilling the minimum tree requirements.

(e)

Lawn debris disposal. An owner is responsible to ensure that landscaping refuse, debris or excess landscaping materials as a result of performing lawn and yard maintenance, including grass clippings, tree limbs and branches, shrubbery and hedge clippings, are properly disposed of upon completion of maintenance. Proper disposal may include using these by-products as mulch, a moisture barrier or a nutrient source. It is prohibited to blow grass clippings onto the right-of-way during or following grass cutting or to dispose of any kind of landscape clippings or materials into the street drainage systems.

(f)

Reserved.

(g)

Lethal yellowing disease declared a public nuisance. The retention and maintenance on private property of palm trees that have been killed, or that are dying from lethal yellowing disease are found, declared and deemed to be a public nuisance, detrimental to the health, convenience, comfort, aesthetics and safety of the public; and the maintenance of such a nuisance is hereby declared to be unlawful. The failure or refusal of the owner or party in possession of the private property to remove such dead, or dying, palm trees is also declared to be unlawful. The village is hereby authorized and empowered, after reasonable notice to the owner or persons in possession of such land, to remove such dead, or dying, palm trees at the expense of the owner or possessor thereof, and to impose liens against such land, and to enforce the same as special assessment liens are enforced.

(h)

Enforcement.

(1)

Except during Emergency Phase II and Phase III water restriction periods imposed by the South Florida Water Management District ("SFWMD") as set forth below, the village shall withhold approval of a final building inspection prior to the issuance of a final certificate of use, occupancy or completion until a preparer's certification of landscape compliance has been submitted and approved. Otherwise, all properties shall comply with the State of Florida and SFWMD rules relating to watering of landscaping and shall comply with the SFWMD "Water Wise Landscaping."

(2)

The village shall have the right to inspect the lands affected by this section.

(3)

Failure to install or maintain landscaping or comply with the requirements of section 30-100.1 shall constitute a violation. Provided however, those exempt from landscaping standards as provided for under subsection 30-100.1(a) shall not be considered to violate this section as to installation. However, all property owners are responsible for maintenance of landscaping. Also, failures to plant, preserve, or maintain each individual tree shall be considered to be a separate violation. Each day in which either landscaping or individual trees are not installed or maintained according to the terms of this division shall constitute a continuing and separate violation.

(4)

Enforcement shall be performed by the department within the village as may be deemed appropriate, and in the event the provisions are not enforced the county shall enforce same. In default of the village creating a specific fee schedule for individual violations of sections 30-100.1 or 30-100.3, the village shall be entitled to issue citations in the amount of $250.00, for a first offense, and $500.00 for each offense thereafter, as provided for in section 2-205 of the Village's Code.

(5)

Code enforcement shall inspect all commercial properties on a bi-annual basis to ensure compliance with the approved plans including, and not limited to, building plans, signage, and all consistent maintenance requirements to specifically ensure maintenance of the whole building envelope (striping, pavement, or roof) and to ensure that the landscape is properly maintained and all inventoried trees are as approved on the original site plan. Corrective actions will be required to be commenced within 30 days of the notice of noncompliance and completed within 60 days. Failure to comply shall constitute a violation.

(Ord. No. 08-21, § 1, 10-6-2008; Ord. No. 2012-28, § 1, 11-5-2012; Ord. No. 2017-08, 5-1-2017)

The Village of Palmetto Bay adopts Chapter 24, Article IV, Division 2 of the Miami-Dade County as part of the Village's Code as it relates to tree preservation and protection. DERM is responsible for administering and enforcing these provisions.

(Ord. No. 08-21, § 1, 10-6-2008)

As part of the staff analysis and evaluation of development plans, the village shall coordinate with members of a multi-agency technical review committee comprised of the following agencies: U.S. Army Corps, DEP, DERM, the SFWMD, and other federal, state, and regional agencies as may be appropriate in managing the following activities:

(1)

The village shall coordinate all development and resource conservation measures impacting waterways with the above cited agencies. These activities shall include, but not be limited to, review of proposed development potentially impacting natural resources, including development petitions for docks, shoreline stabilization, dredging, or other alteration of natural resources under federal or state jurisdiction.

(2)

The village shall coordinate with technical staff within DERM and SFWMD in order to ensure implementation of sound principles and practices of natural resource management during the development review process.

(3)

The village shall coordinate with U.S. Army Corps, DERM, SFWMD, as well as other appropriate state agencies, in matters involving stormwater management, drainage, water quality and quantity, consumptive use permitting, preservation of wetlands, soil erosion and sedimentation control, aquifer recharge protection, wildlife habitat preservation and protection of flora and fauna, hazardous waste storage and disposal, conservation of potable water, regulation of waterways, watercraft and marine related structures, excavation, and privately owned artificial lake slope provisions as provided under Chapter 24 of the Miami-Dade County Code and the Florida Building Code.

(Ord. No. 08-21, § 1, 10-6-2008)

(a)

General provisions.

(1)

Title. These regulations shall be known as the Floodplain Management Ordinance of the Village of Palmetto Bay, hereinafter referred to as "this section."

(2)

Scope. The provisions of this section shall apply to all development that is wholly within or partially within any flood hazard area except as otherwise specified in Section (w)(2) below, and including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other development.

(3)

Intent. The purposes of this section and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to:

i.

Minimize unnecessary disruption of commerce, access and public service during times of flooding;

ii.

Require the use of appropriate construction practices in order to prevent or minimize future flood damage;

iii.

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential;

iv.

Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain;

v.

Minimize damage to public and private facilities and utilities;

vi.

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas;

vii.

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and

viii.

Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.

(4)

Coordination with the Florida Building Code. This section is intended to be administered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code.

(5)

Warning. The degree of flood protection required by this section and the Florida Building Code, as amended by this community, is considered the minimum reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this section.

(6)

Disclaimer of liability. This section shall not create liability on the part of the Village Council of the Village of Palmetto Bay or by any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made thereunder.

(b)

Applicability.

(1)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(2)

Areas to which this section applies. This section shall apply to all flood hazard areas within the Village of Palmetto Bay, as established in subsection 30-100.6(b)(3) of this section.

(3)

Basis for establishing flood hazard areas. The Flood Insurance Study for Miami-Dade County, Florida and Incorporated Areas dated September 11, 2009 and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this section and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at Village Hall, 9705 East Hibiscus Street; Building Department, Palmetto Bay, Florida 33157.

(4)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to section 30-100.6(r) of this section the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:

i.

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this section and, as applicable, the requirements of the Florida Building Code.

ii.

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(5)

Other laws. The provisions of this section shall not be deemed to nullify any provisions of local, state or federal law.

(6)

Abrogation and greater restrictions. This section supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this section and any other ordinance, the more restrictive shall govern. This section shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this section.

(7)

Interpretation. In the interpretation and application of this section, all provisions shall be:

i.

Considered as minimum requirements;

ii.

Liberally construed in favor of the governing body; and

iii.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(c)

Duties and powers of the floodplain administrator.

(1)

Designation. The village manager or his/her designee is designated as the floodplain administrator. The floodplain administrator may delegate performance of certain duties to other employees.

(2)

General. The floodplain administrator is authorized and directed to administer and enforce the provisions of this section. The floodplain administrator shall have the authority to render interpretations of this section consistent with the intent and purpose of this section and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this section without the granting of a variance pursuant to subsection 30-100.6(t) of this section.

(3)

Applications and permits. The floodplain administrator, in coordination with other pertinent offices of the community, shall:

i.

Review applications and plans to determine whether proposed new development will be located in flood hazard areas;

ii.

Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this section;

iii.

Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall have the opportunity to appeal the interpretation;

iv.

Provide available flood elevation and flood hazard information;

v.

Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant;

vi.

Review applications to determine whether proposed development will be reasonably safe from flooding;

vii.

Issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this section is demonstrated, or disapprove the same in the event of noncompliance; and

viii.

Coordinate with and provide comments to assure that applications, plan reviews, and inspections for building permits for buildings and structures in flood hazard areas comply with the requirements of this section.

(d)

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the building division, shall:

(1)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement"; for proposed work to repair damage caused by flooding, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of "substantial damage"; and

(4)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this section is required.

(e)

Modifications of the strict application of the requirements of the Florida Building Code. The floodplain administrator shall review requests submitted to the building official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to subsection 30-100.6(t) of this section.

(f)

Notices and orders. The floodplain administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this section.

(g)

Inspections. The floodplain administrator shall make the required inspections as specified in subsection 30-100.6(s) of this section for development that is not subject to the Florida Building Code, including buildings, structures, and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit.

(h)

Other duties of the floodplain administrator. The floodplain administrator shall have other duties, including but not limited to:

(1)

Establish, in coordination with the building official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to subsection 30-100.6(d) of this section;

(2)

Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA);

(3)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available;

(4)

Review required design certifications and documentation of elevations specified by this section and the Florida Building Code and this section to determine that such certifications and documentations are complete;

(5)

Notify the Federal Emergency Management Agency when the corporate boundaries of the Village of Palmetto Bay are modified; and

(6)

Advise applicants for new buildings and structures, including substantial improvements that are located in any unit of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such construction; areas subject to this limitation are identified on flood insurance rate maps as "Coastal Barrier Resource System Areas" and "Otherwise Protected Areas."

(i)

Floodplain management records. Regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this section and the flood resistant construction requirements of the Florida Building Code, including flood insurance rate maps; letters of map change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations specified by the Florida Building Code and this section; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this section and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at Village Hall, 9705 East Hibiscus Street, Building Department, Palmetto Bay, Florida 33157.

(j)

Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this section, including buildings, structures, and facilities exempt from the Florida Building Code, which is wholly within or partially within any flood hazard area shall first make application to the floodplain administrator, and the building official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this section and all other applicable codes and regulations has been satisfied.

(k)

Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this section for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures, and facilities exempt from the Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

(l)

Buildings, structures and facilities exempt from the Florida Building Code. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this section:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

Nonresidential farm buildings on farms, as provided in F.S. § 604.50.

(3)

Temporary buildings or sheds used exclusively for construction purposes.

(4)

Mobile or modular structures used as temporary offices.

(5)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(6)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(7)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(8)

Temporary housing provided by the department of corrections to any prisoner in the state correctional system.

(9)

Structures identified in F.S. § 553.73(10)(k), are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on flood insurance rate maps.

(m)

Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall:

(1)

Identify and describe the development to be covered by the permit or approval.

(2)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

(3)

Indicate the use and occupancy for which the proposed development is intended.

(4)

Be accompanied by a site plan or construction documents as specified in subsection 30-100.6(r) of this section.

(5)

State the valuation of the proposed work.

(6)

For projects proposing to enclose areas under elevated buildings. a signed nonconversion agreement; the agreement shall be recorded on the property deed prior to issuance of the certificate of occupancy.

(7)

Be signed by the applicant or the applicant's authorized agent.

(8)

Give such other data and information as required by the floodplain administrator.

(n)

Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this section shall not be construed to be a permit for, or approval of, any violation of this section, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions.

(o)

Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated.

(p)

Suspension or revocation. The floodplain administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this section or any other ordinance, regulation or requirement of this community.

(q)

Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following;

(1)

The South Florida Water Management District; F.S. § 373.036.

(2)

Florida Department of Health for onsite sewage treatment and disposal systems; F.S. § 381.0065, and Chapter 64E-6, Florida Administrative Code.

(3)

Florida Department of Environmental Protection for construction, reconstruction, changes, or physical activities for shore protection or other activities seaward of the coastal construction control line; F.S. § 161.141.

(4)

Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; F.S. § 161.055.

(5)

Florida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

(6)

Federal permits and approvals.

(r)

Site plans and construction documents. All site plans and construction documents shall comply with the following:

(1)

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this section shall be drawn to scale and shall include, as applicable to the proposed development:

i.

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations if necessary for review of the proposed development.

ii.

Where base flood elevations, or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with subsection 30-100.6(r)(2)(ii) or (iii) of this section.

iii.

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and the base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with subsection 30-100.6(r)(2)(i) of this section.

iv.

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas, new buildings shall be located landward of the reach of mean high tide.

v.

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

vi.

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

vii.

Delineation of the coastal construction control line or notation that the site is seaward of the coastal construction control line, if applicable.

viii.

Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection.

ix.

Existing and proposed alignment of any proposed alteration of a watercourse.

The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this section but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this section.

(2)

Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator shall:

i.

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices.

ii.

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.

iii.

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

(A)

Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or

(B)

Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet.

iv.

Where the base flood elevation data are to be used to support a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(3)

Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents:

i.

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in subsection 30-100.6(r)(4) of this section and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

ii.

For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analysis' that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as zone AO or zone AH.

iii.

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to FEMA as specified in subsection 30-100.6(r)(4) of this section.

iv.

For activities that propose to alter sand dunes or mangrove stands in coastal high hazard areas (zone V), an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage.

(4)

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida licensed engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

(s)

Inspections.

(1)

General. Development for which a floodplain development permit or approval is required shall be subject to inspection.

(2)

Development other than buildings and structures. The floodplain administrator shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals.

(3)

Buildings, structures, and facilities exempt from the Florida Building Code. The floodplain administrator shall inspect buildings, structures and facilities exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals.

(4)

Buildings, structures, and facilities exempt from the Florida Building Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempt from the Florida Building Code, or the owner's authorized agent, shall submit to the floodplain administrator:

i.

If a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or

ii.

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with subsection 30-100.6(r)(2)(iii)(B) of this section, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

(5)

Buildings, structures, and facilities exempt from the Florida Building Code, final inspection. As part of the final inspection, the owner or owner's authorized agent shall submit to the floodplain administrator a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in subsection 30-100.6(s)(4) of this section.

(6)

Manufactured homes. The floodplain administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the floodplain administrator.

(t)

Variances and appeals.

(1)

General. The village council shall hear and decide on requests for appeals and requests for variances from the strict application of the requirements of this section. Pursuant to F.S. § 553.73(5), the village council shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. This section does not apply to Section 3109, of the Florida Building Code, Building.

(2)

Appeals. The village council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the administration and enforcement of this section. Any person aggrieved by the decision of the village council may appeal such decision to the circuit court, as provided by Florida Statutes.

(3)

Limitations on authority to grant variances. The village council shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in subsection 30-100.6(t)(7) of this section, the conditions of issuance set forth in subsection 30-100.6(t)(8) of this section, and the comments and recommendation of the floodplain administrator and the building official. The village council has the right to attach such conditions as it deems necessary to further the purposes and objectives of this section.

(4)

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in subsection 30-100.6(r)(3) of this section.

(5)

Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code.

(6)

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of subsection 30-100.6(t)(4), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(7)

Considerations for issuance of variances. In reviewing requests for variances, the village council shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this section, and the following:

i.

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

ii.

The danger to life and property due to flooding or erosion damage;

iii.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

iv.

The importance of the services provided by the proposed development to the community;

v.

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

vi.

The compatibility of the proposed development with existing and anticipated development;

vii.

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

viii.

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

ix.

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

x.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(8)

Conditions for issuance of variances. Variances shall be issued only upon:

i.

Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this section or the elevation standards;

ii.

Determination by the village council that:

(A)

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

(B)

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

(C)

The variance is the minimum necessary, considering the flood hazard, to afford relief;

iii.

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and

iv.

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

(u)

Violations.

(1)

Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this section, shall be deemed a violation of this section. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this section or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

(2)

Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this section and that is determined to be a violation, the floodplain administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work.

(3)

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(v)

Definitions—Generally.

(1)

Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this section, have the meanings shown in this section.

(2)

Terms defined in the Florida Building Code. Where terms are not defined in this section and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code.

(3)

Terms not defined. Where terms are not defined in this section or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies.

(4)

Definitions.

Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this section.

ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Base flood. A flood having a one-percent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "one-percent-annual chance flood."

Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the flood insurance rate map (FIRM). [Also defined in FBC, B, Section 1612.2.]

Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.]

Building official. The officer or other designated authority charged with the administration and enforcement of the Florida Building Code, or a duly authorized representative. [Also defined in FBC, B, Section 1612.2.]

Coastal construction control line. The line established by the State of Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves or other predictable weather conditions.

Coastal high hazard area. A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on flood insurance rate maps (FIRM) as Zone V1—V30, VE, or V.

Critical facility. A facility for which the impact of even a slight chance of flooding might be too great, including, but not limited to, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. The term includes buildings and structures assigned to Flood Design Class 3 and Flood Design Class 4 in accordance with ASCE 24.

Crown of road. The elevation of the highest surface of street pavement within the right-of-way abutting the property relative to the National Geodetic Vertical Datum (NGVD) or North America Vertical Datum (NAVD). Depending on site conditions, if there is a variation in the crown elevations abutting the property, the highest and lowest elevations may be averaged to obtain the regulatory crown elevation provided the elevation is above the base flood elevation.

Design flood. The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

1.

Area with a floodplain subject to a one-percent or greater chance of flooding in any year; or

2.

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to two feet. [Also defined in FBC, B, Section 1612.2.]

Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before September 29, 1972. [Also defined in FBC, B, Section 1612.2.]

Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.]

1.

The overflow of inland or tidal waters.

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood damage-resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.]

Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.]

1.

The area within a floodplain subject to a one-percent or greater chance of flooding in any year.

2.

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood insurance rate map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]

Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency that contains the flood insurance rate map, the flood boundary and floodway map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.]

Floodplain administrator. The office or position designated and charged with the administration and enforcement of this section (may be referred to as the floodplain manager).

Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this section.

Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.]

Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models.

Florida Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Freeboard. The additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors, such as wave action, blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed, which could contribute to flood heights greater than the heights calculated for a selected frequency flood and floodway conditions.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic structure. Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12, Historic Buildings.

Letter of map change (LOMC). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:

1.

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

2.

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

3.

Available with special features enabling off-street or off-highway operation and use.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]

Manufactured home. A structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this section, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, actual cash value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser.

New construction. For the purposes of administration of this section and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after September 29, 1972 and includes any subsequent improvements to such structures.

Nonconversion agreement. A form provided by the floodplain administrator to be signed by the owner and recorded on the property deed in official records of the clerk of courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated buildings.

Park trailer. A transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in F.S. § 320.01]

Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in F.S. § 320.01)

1.

Built on a single chassis;

2.

400 square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Special flood hazard area. An area in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1—A30, AE, A99, AH, V1—V30, VE or V. The term also includes areas shown on other flood hazard maps, if such maps are adopted by the Village of Palmetto Bay or otherwise legally designated. [Also defined in FBC, B Section 1612.2.]

Start of construction. The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 1612.2.]

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 49 percent of the market value of the building or structure before the damage occurred. The term also includes flood-related damage sustained by a structure on one occasionduring a one year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. [Also defined in FBC, B Section 1612.2.]

Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a five-year period, the cumulative cost of which equals or exceeds 49 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the five-year period begins on the date of the first improvement or repair of that building or structure subsequent to March 7, 2016. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in FBC, B, Section 1612.2.]

1.

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code.

Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

(w)

Flood resistant development.

(1)

Buildings and structure.

i.

Design and construction of buildings, structures, and facilities exempt from the Florida Building Code. Pursuant to subsection 30-100.6(l) of this section, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of subsection 30-100.6(cc) of this section.

ii.

Buildings and structures seaward of the coastal construction control line. If extending, in whole or in part, seaward of the coastal construction control line and also located, in whole or in part, in a flood hazard area:

(A)

Buildings and structures shall be designed and constructed to comply with the more restrictive applicable requirements of the Florida Building Code, Building Section 3109 and Section 1612 or Florida Building Code, Residential Section R322.

(B)

Minor structures and non-habitable major structures as defined in F.S. § 161.54, shall be designed and constructed to comply with the intent and applicable provisions of this section and ASCE 24.

(2)

Subdivisions.

i.

Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

(A)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

(B)

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

(C)

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(3)

Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

i.

Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats;

ii.

Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the information required in subsection 30-100.6(r)(2)(i) of this section; and

iii.

Compliance with the site improvement and utilities requirements of subsection (x) of this section.

(4)

Specific methods of construction and requirements. Pursuant to Chapter 8, Article III of the Miami-Dade County Code, the following specific methods of construction and requirements apply:

i.

Additional elevation of buildings—Freeboard.

(A)

For buildings located in the special flood hazard area, the minimum elevation requirements in the Florida Building Code shall be to or above the base flood elevation plus one foot, or the back of the sidewalk elevation plus one foot, or if there is no sidewalk, the elevation of the crown of the road or street abutting such building site plus one foot whichever is higher.

(B)

For residential buildings not located in the special flood hazard area, the minimum lowest floor elevation requirements shall be a minimum of one foot above the back of sidewalk elevation, or if there is no sidewalk, a minimum of one foot above the elevation of the crown of road or street abutting such building site whichever is higher.

(C)

For non-residential buildings not located in the special flood hazard area, the minimum lowest floor elevation shall be a minimum of one foot above the back of sidewalk, or if there is no sidewalk, a minimum of one foot above the elevation of the crown of road or street abutting such building site, whichever is higher.

(D)

For critical facilities, the minimum lowest floor elevation requirements shall be the elevation of the two percent 500-year flood plus one foot.

ii.

Limitations on enclosures under elevated buildings. For buildings applications for enclosed areas under elevated buildings shall be accompanied by a non-conversion agreement which is required to be recorded with the property (deed) so that the restriction runs with the land and future owners must also comply with the requirement. Enclosures shall:

(A)

Have the minimum necessary access to allow for parking of vehicles (garage door), limited storage of maintenance equipment used in connection with the premises (standard exterior door), or entry/access to the elevated building (stairway or elevator).

(B)

Not have the interior portion partitioned or finished into separate rooms.

(C)

Not to be constructed with breakaway walls.

(D)

All enclosures below an elevated floor shall be limited to 299 square feet.

(E)

Have an inspection one time per year to make sure the area below an elevated floor is not converted into livable space.

iii.

Cumulative substantial improvement. The definition of "substantial improvement" shall be as follows:

Substantial improvement. Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a five-year period, the cumulative cost of which equals or exceeds 49 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the five-year period begins on the date of the first improvement or repair of that building or structure subsequent to March 7, 2016. If the structure has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

iv.

Include repetitive loss in the definition for substantial damage. The definition of "substantial damage" shall be as follows:

Substantial damage. Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 49 percent of the market value of the building or structure before the damage occurred. The term also includes flood-related damage sustained by a structure on one occasion during a one-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

(x)

Site improvements, utilities and limitations.

(1)

Minimum requirements. All proposed new development shall be reviewed to determine that:

i.

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding;

ii.

All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and

iii.

Adequate drainage is provided to reduce exposure to flood hazards; in zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

(2)

Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on-site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

(3)

Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.

(4)

Limitations on sites in regulatory floodways. No development, including but not limited to site improvements, and land disturbing activity involving fill or regrading shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in section 30-100.6(r)(3)(i) of this section demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

(5)

Limitations on placement of fill. Subject to the limitations of this section, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code.

(6)

Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by subsection 30-100.6(r)(3)iv. of this section demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with section 30-100.6(bb)(8)(iii) of this section.

(y)

Manufactured homes.

(1)

General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to F.S. § 320.8249, and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this section. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements.

(2)

Limitations on installation in floodways and coastal high hazard areas (Zone V). New installations of manufactured homes shall not be permitted in floodways and coastal high hazard areas (Zone V).

(3)

Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that:

i.

In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.2 and this section. Foundations for manufactured homes subject to Section 30-100.6(y)(7) of this section are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

ii.

In coastal high hazard areas (Zone V), are designed in accordance with the foundation requirements of the Florida Building Code, Residential Section R322.3 and this ordinance.

(4)

Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame ties to ground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance.

(5)

Elevation. All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or Section R322.3 (Zone V and Coastal A Zone).

(6)

Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area.

(7)

Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area.

(z)

Recreational vehicles and park trailers.

(1)

Temporary placement, only. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall:

i.

Be on the site for fewer than 180 consecutive days; or

ii.

Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches.

(2)

Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in subsection 30-100.6(z)(1) of this section for temporary placement shall meet the requirements of Section 30-100.6(y)(6) or (7) of this section for manufactured homes.

(aa)

Tanks.

(1)

Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse and lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.

(2)

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of subsection 30-100.6(aa)(3) of this section shall:

i.

Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse and lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.

ii.

Not be permitted in coastal high hazard areas (Zone V).

(3)

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be attached to, and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse and lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.

(4)

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

i.

At or above the design flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and

ii.

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(bb)

Other development.

(1)

General requirements for other development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this section or the Florida Building Code, shall:

i.

Be located and constructed to minimize flood damage;

ii.

Meet the limitations of subsection 30-100.6(aa)(4) of this section if located in a regulated floodway;

iii.

Be anchored to prevent flotation, collapse and lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

iv.

Be constructed of flood damage-resistant materials; and

v.

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations.

(2)

Fences in regulated floodways. Fences in regulated floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of subsection 30-100.6(aa)(4) of this section.

(3)

Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of subsection 30-100.6(aa)(4) of this section.

(4)

Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of subsection 30-100.6(aa)(4) of this section. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of subsection 30-100.6(r)(3)(iii) of this section.

(5)

Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses in coastal high hazard areas (Zone V). In coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent to buildings and structures provided the concrete slabs are designed and constructed to be:

i.

Structurally independent of the foundation system of the building or structure;

ii.

Frangible and not reinforced, so as to minimize debris during flooding that is capable of causing significant damage to any structure; and

iii.

Have a maximum slab thickness of not more than four inches.

(6)

Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements of the Florida Building Code, in coastal high hazard areas decks and patios shall be located, designed, and constructed in compliance with the following:

i.

A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the design flood elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck.

ii.

A deck or patio that is located below the design flood elevation shall be structurally independent from buildings and structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during design flood conditions or to break apart into small pieces to minimize debris during flooding that is capable of causing structural damage to the building or structure or to adjacent buildings and structures.

iii.

A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with more than the minimum amount of fill necessary for site drainage shall not be approved unless an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to the building or structure or to adjacent buildings and structures.

iv.

A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or on nonstructural fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave runup and wave reflection.

(7)

Other development in coastal high hazard areas (Zone V). In coastal high hazard areas, development activities other than buildings and structures shall be permitted only if also authorized by the appropriate federal, state or local authority; if located outside the footprint of, and not structurally attached to, buildings and structures; and if analyses prepared by qualified registered design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

i.

Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

ii.

Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the design flood or otherwise function to avoid obstruction of floodwaters; and

iii.

On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled systems or mound systems.

(8)

Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:

i.

Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.

ii.

Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only if an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

iii.

Where authorized by the Florida Department of Environmental Protection or applicable local approval, sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection if the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

(Ord. No. 08-21, § 1, 10-6-2008; Ord. No. 09-21, § 1, 10-5-2009; Ord. No. 2012-16, § 2, 9-10-2012; Ord. No. 2016-07, § 2, 3-7-2016; Ord. No. 2016-24, § 2, 11-7-2016; Ord. No. 2021-15, § 2, 9-20-2021; Ord. No. 2023-11, § 2, 5-15-2023)

(a)

Intent and purpose. It is the intent and purpose of this division to protect the water resources of the village from the harmful effects of over-utilization during periods of water shortage and allocate available water supplies by assisting the SFWMD in the implementation of its water shortage plan.

(b)

Definitions.

District shall mean the South Florida Water Management District (SFWMD).

Water resource shall mean any and 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.

Water shortage condition shall mean when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.

Water shortage emergency shall mean that situation when the powers which can be exercised under Florida Administrative Code, Part II, of Chapter 40E-21, are not sufficient to protect the public health, safety or welfare or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.

(c)

Application of this section. The provisions of this section shall apply to all persons using the water resource within the geographical areas subject to the water shortage or water shortage emergency as determined by the district, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This section shall not apply to persons using treated effluent or salt water.

(d)

Amendments to water shortage plan. The Florida Administrative Code, Chapter 40E-21 is incorporated herein by reference as a part of these regulations.

(e)

Declaration of water shortage; water shortage emergency. The declaration of a water shortage or water shortage emergency within all or any part of the village by the governing board or the executive director of the district shall invoke the provisions of these regulations. Upon such declaration, all water use restrictions or other measures adopted by the SFWMD applicable to the village, or any portion thereof, shall be subject to enforcement action pursuant to this section. Any violation of the provisions of the Florida Administrative Code, Chapter 40E-21, or any order issued pursuant thereto, shall be a violation of this section.

(f)

Enforcement. Every police officer having jurisdiction in the area governed by this division shall, in connection with all other duties imposed by law, diligently enforce the provisions of this division. The village's department of code compliance shall also enforce the provisions of these regulations. In addition, the village manager may also delegate enforcement responsibility for these regulations to agencies and departments of the village government, or cities in the service areas governed by this section in accordance with state and local law.

(g)

Penalties.

(1)

Violation of any provision of these regulations shall be subject to the following penalties:

a.

First violation: $125.00.

b.

Second violation: $250.00.

c.

Third and subsequent violations, fine not to exceed: $500.00.

(2)

Each day in violation of these regulations shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The village, in addition to the civil sanctions contained in this section, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this section. The police department may adhere to Section 32-8.1 of the Miami-Dade County Code, which indicates that should SFWMD implement a water shortage plan, and declare a water shortage, the provisions of Chapter 32 go into effect, and all police officers may issue criminal sanctions as provided under state law and county code.

(h)

Water users to accept provisions of these regulations. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this section. The acceptance of water service shall be in itself the acceptance of the provisions of these regulations.

(i)

Appeals. Appeals under the village's civil citation system of citations issued under section 15-7(a) shall be to the village's special master as provided for under section 2-205, of the Village's Code of Ordinances. Criminal citations under state law and Miami-Dade County Code, as authorized under 32-8.1, shall be heard as provided for under F.S. §§ 373.609, and 373.613 and Rule 40E-21, Part V, Florida Administrative Code of the SFWMD.

If this section conflicts with other ordinances or regulations, the more stringent limitation shall apply.

(Ord. No. 08-21, § 1, 10-6-2008)