(a)

Applicability. The provisions of these landscape regulations shall apply to all existing or future development in the village. No building permit, certificate of use, certificate of occupancy or certificate of completion shall be issued unless the applicant complies with these regulations. It is the intent of these regulations to establish minimum landscape standards for the village that enhance, improve, and maintain the quality of the landscape, promote economic and environmental health, minimize heat island effects, and naturally treat storm water runoff, thereby enhancing the quality of life and outdoor recreational opportunities in the village.

(b)

Landscape plans.

1.

General. Landscape plan(s) and, where required by the Code, irrigation plan(s), shall be reviewed and approved by the administrative official prior to the issuance of any building permit, or permit for paving for new parking areas or expansion of existing parking areas.

2.

Landscape plan contents.

a.

Owner/builder of new single-family or duplex dwellings or substantial improvements. Landscape plans submitted for new single-family or duplex dwellings or substantial improvements over 50 percent to such dwellings, may be in the form of a plot plan or drawing prepared by the owner or the owner's representative; provided however, developments requiring site plan approval pursuant to the Code shall meet the requirements of this division 6.1, and F.S. ch. 481.

b.

All other development. The landscape plan for development other than that provided for in a. above shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the state, or by persons authorized by F.S. ch. 481, to prepare landscape plans or drawings. Landscape plans shall be provided as part of the submission for site plan approval and permits and shall:

i.

Be drawn to scale and include property boundaries, north arrow, graphic scale, and date.

ii.

Include a vegetation survey provided at the same scale as the landscape plan, including aerial photo which outlines the subject site without obscuring it.

iii.

Identify all landscape features and non-living landscape materials.

iv.

Delineate location of existing and proposed structures, parking spaces, accessways and other vehicular use areas, sidewalks, utilities, easements, and the height and voltage of all above ground power lines on the property or adjacent property, including street trees nearby the power lines.

v.

Indicate the common and scientific names, quantity, and size of plants to be installed using "Landscape Legend" Code format as prescribed by the administrative official.

vi.

Show all areas of vegetation required to be preserved by these landscape regulations, including but not limited to trees, specimen trees, native plant species, and native habitats.

vii.

Show existing conditions, trees and landscape to be removed (on a separate sheet).

viii.

Illustrate geologic, historic and archeological features to be preserved.

ix.

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

x.

Document land use district classification, net lot area, required open space, and maximum permitted lawn area.

xi.

Show building coverage and the location and dimension of greenbelts, landscape buffers, and water areas proposed for business and other land uses, as may be required.

xii.

Indicate method(s) to protect and relocate trees and native plant communities during construction.

xiii.

Show planting details and specifications.

xiv.

Include irrigation plans, as required by the zoning district, with irrigation details and specifications.

xv.

Include an illustration demonstrating that the trees will be planted in a manner compliant with energy conservation zone requirements.

3.

Vegetation survey. A vegetation survey shall be provided for all sites at the same scale as the landscape plan. Surveys shall be verified by the administrative official. The vegetation survey shall provide the following information:

a.

The accurate location and graphic representation by size (DBH), canopy, and type of tree, in relation to existing development of all existing trees of a minimum two inches DBH or ten feet in height or, for native trees, of a minimum 1½ inches DBH or eight feet in height, including those which are proposed to be removed, relocated or preserved on-site in accordance with the requirements of landscape regulations.

b.

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 the administrative official.

c.

A table showing the following information:

i.

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

ii.

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

iii.

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

4.

Irrigation plan. An irrigation plan shall be submitted whenever an irrigation system is required by zoning district regulations or where a landscape plan is required.

a.

New single-family or duplex dwellings or substantial improvements. For a new single-family or duplex dwelling or substantial improvement over 50 percent to such dwellings, the irrigation plan may be indicated on a plot plan or a separate drawing prepared by the owner or the owner's agent indicating area(s) to be irrigated, locations and specifications of lines and heads and pump specifications.

b.

All other development. The irrigation plan for development other than that provided in 4a above shall:

i.

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

ii.

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.

iii.

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

iv.

Include locations of pump pipes, controllers, valves, sprinklers, back flow prevention devices, rain sensor/shutoff devices and electrical supply and irrigation details.

v.

Delineate landscape areas, major landscape features, and hydrozones.

(c)

Tree removal and preservation. Tree removal permits or natural forest community vegetation removal permits are required prior to the removal of trees, specimen trees, or any vegetation in a natural forest community, respectively. The administrative official shall be responsible for administering and enforcing these provisions. Before permitting the removal of any tree, the administrative official shall inspect and advise the applicant concerning appropriate measures to be applied in order to comply with these landscape regulations. The applicant shall clearly mark all trees proposed for removal and identify them by type, size (DBH), canopy, and height.

(d)

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

1.

Lawn area (turf).

a.

Lawn areas. Lawn areas shall be planted in a species well adapted to localized growing conditions in the village. Lawn areas may be sodded, plugged, sprigged, hydromulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed is used, overseeding shall be sown for immediate effect and protection until coverage is otherwise achieved. Developers are encouraged to have no more than 40 percent of open area as lawn areas.

b.

Use of drought tolerant landscape material and limitations. Drought tolerant grasses and low growing native plants are strongly encouraged. Tree and plant material requirements by land use district are presented in the following table:

TABLE 6-1
MINIMUM STANDARDS FOR TREES AND GREEN SPACE

⁽¹⁾ In addition to the above trees, street trees are required.

⁽²⁾ Minimum grade and standards. Plants installed pursuant to this Code 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 H," prepared by the state department of agriculture and consumer services. Prohibited or controlled trees shall not be counted toward fulfilling the minimum tree requirements.

2.

Irrigation.

a.

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

b.

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 immediately after establishment of plant communities.

c.

Irrigation systems shall be designed to conserve water by allowing differential operation schedules based on hydrozone.

d.

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

e.

Low volume water distributing or application devices, such as micro-jet emitters or soaker hoses shall be used. Overhead irrigation systems shall only be permitted in bona fide agricultural activity areas.

f.

During dry periods, irrigation application rates of between one and one and one-half inches per week are recommended for turf areas. Under drought conditions, restrictions of the South Florida Water Management District apply.

g.

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

h.

Irrigation systems shall be timed to operate only during hours and on days permitted in the Landscape Manual administered by the village and consistent with policies of the South Florida Water Management District.

i.

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

3.

Trees.

a.

Tree size. Residential zoning districts: All trees, except street 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 and four feet of clear trunk. Thirty percent of the tree requirement must be met by native species.

Commercial business zoning districts: All trees, except street trees located beneath power lines, shall be a minimum of 20 feet high and have a minimum caliper of eight to ten inches at time of planting and four feet of clear trunk. Thirty percent of the tree requirement must be met by native species.

b.

Street tree size and spacing. Street trees shall be of a species typically grown in the county and which normally mature at a height of at least 20 feet. Street trees shall have a clear trunk of four feet, and shall meet the following height, diameter and spacing requirements:

i.

An overall height of 14 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 30 feet on center, except as otherwise provided in these tree regulations; and excluding a distance of ten feet on both sides of an intersecting driveway, which shall not be obstructed;

ii.

An overall height of 18 feet and a minimum caliper of four inches at time of planting, and shall be provided along all roadways at a maximum average spacing of 40 feet on center, except as otherwise provided in these tree regulations; and excluding a distance of ten feet on both sides of an intersecting driveway, which shall not be obstructed;

In the planting of street trees, consideration shall be given to the needs of adjoining businesses in maintaining a reasonable view of permitted advertising signs. Adjustments in required spacing may be permitted by the administrative official as necessary to permit visibility of permitted signs and allow maturation of planted trees, if the administrative official determines that adjustments in required spacing requires the removal of a required tree from the adjoining street frontage, the administrative official may permit the removal of a maximum of one tree if the property owner provides three replacement trees elsewhere on the subject property subject to review and approval of the administrative official. The 25-foot average spacing requirement for multiple single-family units such as zero-lot-line and townhouse units shall be based on the total linear 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 administrative official. Street trees planted along private roadways shall be placed within seven feet of the edge of roadway pavement or, where present, within seven feet of the sidewalk. Suggested canopy trees that are drought tolerant may be found in the landscape manual. Appropriate types of street trees shall be approved by the administrative official.

c.

Power lines. Where the height and location of overhead power lines require the planting of low growing trees, street trees shall have a minimum height of eight feet, a minimum caliper of two inches at time of planting, and shall meet the following requirements:

i.

Single tree trunks clear of lateral branches to four feet.

ii.

A maximum average spacing of 25 feet on center.

Special consideration shall be given to the selection of tree species to be planted under power lines. Japanese Blueberry, Calophyum, Pigeon Plum, and Stoppers are preferred species.

d.

Palm trees shall not be counted in the minimum number of required street trees and shall not be planted within the public right-of-way.

e.

Required number of shade trees. Trees shall be planted to provide shade to residential structures of a height of 35 feet or less. At least three required lot trees shall be positioned in the energy conservation zone as defined herein. Native Pond Cypress Trees shall be considered a suitable alternative that may be planted in areas conducive to their growth adjacent to water bodies, for example.

f.

Shade for air conditioning units. All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded and screened by trees and/or shrubs.

g

Preservation of existing trees. Existing trees required by law to be preserved on site and that meet the requirements set forth in the Code may be counted toward fulfilling the minimum tree requirements. Dead trees shall be removed and replaced as required following approval of a no-fee permit by the village.

h.

Prohibited and controlled tree species. Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree requirements. Prohibited trees shall be removed from the site.

i.

Required number of native species. Thirty percent of the required trees or palms shall be native species. Consistent with the goals of the village's initiative, "Bringing Pines back to Pinecrest," and in recognition of the historical significance of citrus produce to the identity of South Florida, one-third of the required number of native species shall be Dade County Slash Pine trees native to Miami-Dade County's pinelands, canopy trees, or citrus trees.

j.

Limitation on cabbage palms. 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 rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted toward the minimum tree and native plant requirements.

k.

Maintenance of trees, and grass planted in right-of-way. When trees and grass are planted within the right-of-way, the owners of land adjacent to the areas where street trees are planted must maintain those areas, including the trees, plants and sod, using pruning methods specified in these tree regulations. A covenant executed by those owners is required, or a special taxing district must be created to maintain these areas. Where a government with proper jurisdiction determines that the planting of trees and other landscape material is not appropriate in the public right-of-way, that governmental entity may require that said trees and landscape material be placed on private property. Dead trees shall be removed and replaced as required following approval of a no-fee permit by the village. Grass and yard clippings shall not be blown or placed in the adjoining street.

l.

Avoidance of related adverse impacts. Consideration shall be given to the selection of trees, planting and plant site, and conditions may be imposed in order to avoid serious problems such as clogged sewers, cracked sidewalks, interference with the triangle of visibility, falling limbs, and encroachment into power lines to prevent associated problems such as safety hazards and power service interruptions. Trees and landscaping shall be maintained to avoid hazardous conditions and adverse impacts. It shall be the responsibility of the property owner to allow the trimming and maintenance of trees adjacent to power lines by Florida Power and Light and/or qualified arborists as necessary to prevent damage to adjacent power lines, and to prevent interruption of electrical service. Consideration shall be given to the planting of the "right tree in the right place" to ensure that planted trees will not cause adverse impacts or be adversely impacted by nearby obstructions. When noting and selecting trees, care shall be taken to prevent the planting of new trees underneath existing tree canopy unless the noted and selected trees are an appropriate understory tree species that will thrive in a shaded condition and not interfere with the growth of existing trees and tree canopy.

4.

Shrubs (hedges).

a.

All shrubs shall be a minimum of 18 inches in height when measured immediately after planting. Shrubs shall be provided at a ratio of ten per required tree. Thirty percent of the shrubs shall be native species of shrubs and/or native Florida grasses (not including turf grass), such as Fakahatchee Grass, Muhly Grass, or Wire Grass, for example.

b.

When used as a visual screen, buffer, or hedge, shrubs shall comply with all criteria regulating location, number and character of plant material necessary to meet the criteria for required buffers between dissimilar land uses in paragraph 8 below.

c.

All shrubs shall be located within the property in such locations that would enable those shrubs to be maintained entirely from said property.

5.

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 graffiti.

6.

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 one year after planting.

7.

Mulch.

a.

Weed-free mulch shall be applied and maintained in a minimum three-inch layer under and around all trees and shrubs, and in a minimum two-inch layer under and around all ground cover.

b.

The use of mulch shall be restricted to the planting areas.

c.

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

8.

Buffers between dissimilar land uses. 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 so screened shall be provided with a buffer consisting of a six feet wall or fence with a life expectancy of at least ten years, together with shrubs which normally grow to a minimum height of six feet or more and shall be maintained at that height. Where chain link fencing is used, shrubs shall also be required to cover such fence. Shrubs used as a buffer shall be planted at a minimum of 24 inches on center and 30 inches in height at time of planting. The buffer shall form a continuous unbroken and solid visual screen between the dissimilar land uses within one year after planting. Buffers screening dissimilar uses shall include mahogany or oak trees, or similar hardwood canopy trees acceptable to the administrative official, planted at a maximum average spacing of 25 feet on center and shall have a height of at least 16 feet within the required setback. Shrubs required as a buffer shall not be trimmed shorter than 72 inches except where required in order to maintain a safe site distance.

9.

Buffers required for vehicular use area. Shrubs shall be maintained at a minimum height of four feet for all vehicle use areas, except where a shorter height is required to maintain a safe sight distance. Shrubs shall be maintained at a height of six feet or more, and shall provide a continuous buffer for vehicular use areas, including a six-foot wall, in order to buffer areas between dissimilar uses. All vehicular use areas adjacent to a right-of-way or private street shall be screened by a continuous hedge planting at least four feet high and shall include a five feet landscaped strip incorporating said planting or wall on private property. Planting material shall be installed at a minimum of 24 inches on center and shall have a height of 30 inches at time of planting.

10.

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 islands for each tree shall have a minimum width of eight feet, exclusive of the curb dimension, and shall be planted or covered with other landscape materials. This requirement is in addition to any applicable open space required pursuant to the provisions of the land development code. Every eight spaces, a landscaped island extending at least three-quarters of the depth of the parking space shall be provided that is at least five feet wide, exclusive of the curb dimension, and shall include at least one shade tree per row or per 25 linear feet, whichever formula provides the greater number of trees. Landscaping in parking areas and along streets shall be in addition to the minimum required trees per acre according to the minimum standards for green space identified herein.

11.

Plant quality.

a.

Minimum grade and standards. Plants installed pursuant to these tree regulations 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 State of Florida Department of Agriculture and Consumer Services. Alternative grades that meet the minimum size and height requirements of these regulations may be proposed to meet required grade provided the trees are determined by the administrative official to be healthy trees, free of disease and damage, capable of surviving to maturity.

b.

Minimum height. Trees installed pursuant to these landscape regulations shall have one primary vertical truck and secondary branches free of included bark up to a height of four feet above natural grade.

12.

Stormwater retention/detention areas.

a.

Stormwater retention/detention areas shall be designed to maximize the perimeter dimension, where feasible.

b.

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

i.

Areas that are designated and actively used for play or picnic areas, overflow parking or sports activities shall be planted with grasses which are very drought tolerant, as well as tolerant of wet soils.

ii.

Areas where the minimum required stormwater retention capacity would be adversely affected are excepted.

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 1½ 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 facultative 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)

Landscape plan review criteria. Landscape plans shall be reviewed in accordance with the following criteria and the guidelines and illustrations provided in the landscape manual.

1.

Landscape design. Landscape design shall enhance architectural features, relate structure design to the site, 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.

Preservation requirement. Existing specimen trees and native vegetation (including canopy, understory, and ground cover) shall be preserved to the maximum extent possible and all applicable requirements of these landscape regulations.

3.

Water conservation. 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, and resource needs. Plants with similar needs shall be grouped in hydrozones. Adequate growth area based on natural mature shape and size shall be provided for all plant materials.

4.

Use of native plant species. The plan shall include use of native plant species in order to reestablish 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 reestablishment of native habitats shall be incorporated into the landscape plan.

5.

Planting in energy conservation zone. 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.

Street trees. 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.

7.

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

8.

Avoidance of visual obstructions. Landscaping shall be designed to provide safe and unobstructed views at intersections of roadways, driveways, recreational paths and sidewalks.

9.

Historic landscapes and features. Historic landscapes and landscape features designated by local, state or federal governments shall be preserved.

(f)

Preparer's certification of landscape compliance.

1.

Preparer's certification of landscape compliance. A preparer's certificate of landscape compliance bearing the original letterhead of the designing firm and licensing number shall be submitted to and approved by the administrative official prior to issuance of any final certificate of occupancy. The preparer's certification of landscape compliance shall contain a statement signed and sealed by the landscape architect or by person(s) authorized to prepare plans, who prepared the approved plans, that the landscape and irrigation plans have been implemented and that all requirements of these landscape regulations have been met. Any changes or substitutions to the approved plan shall be approved by the administrative official prior to the implementation of said changes and substitutions. All changes or substitutions to the approved plan shall be noted on all copies and a revision shall be submitted and approved before installation. 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 these landscape regulations.

2.

New single-family or duplex residence. For a new single-family or duplex residence on its own lot or applicable existing development, the owner or owner's agent may certify in writing that landscape and irrigation improvements have been installed according to approved plan(s).

3.

Inspection. The administrative official shall inspect all projects for compliance prior to issuance of a certificate of occupancy or a certificate of use.

(g)

Landscape manual. The adopted village landscape manual shall provide an illustrative interpretation of the standards provided herein and suggested guides for landscaping in accordance with the above standards. If a manual for the village has not been adopted, then the currently effective county landscape manual shall be the guide until such adoption by the village.

(h)

Landscape maintenance.

1.

Responsibilities of owner. An owner is responsible to ensure that landscaping required to be planted pursuant to these landscape regulations is: 1) installed in compliance with the landscape requirements; 2) maintained as to present a healthy, vigorous, and neat appearance free from refuse and debris; and 3) sufficiently fertilized and watered to maintain the plant material in a healthy condition.

2.

Existing developments. Residential developments existing on September 5, 2001 shall maintain the required tree qualities and quantities as regulated by the Miami-Dade County Landscaping Code in effect as of that date. Commercial developments shall be required to comply with the provisions of these regulations when the property owner receives approval to increase the floor area of development or for substantial improvement. Projects that have obtained approval from the zoning board or village council shall be permitted to develop in accordance with the approved plans. The issuance of a certificate of use shall trigger compliance with these landscape regulations. An addition to an existing residential development shall require compliance with these landscape regulations governing street trees only.

3.

Replacement. If any tree or plant which is being used to satisfy these landscape regulations dies, such tree or plant shall be replaced with the same landscape material or an approved substitute.

4.

Pruning requirements. Trees shall be pruned in the following manner and shall be consistent with the American National Standards Institute (ANSI) A-300:

a.

All cuts shall be made at the branch bark ridge, outside of branch collar and at junctions, laterals or crotches.

b.

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

c.

Cutting of lateral branches that result 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.

d.

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.

e.

No more than one-fourth of a tree's living canopy may be removed within a one-year period, except for mango and avocado trees, which may be pruned as follows:

1.

Mango and avocado trees - In order to promote lateral branching as necessary to improve tree stability, increase survivability in hurricanes and high winds, and improve fruit production, one-third of the living canopy of a mango or avocado tree may be removed each year for three consecutive years within a limited three-year period, subject to approval of a three-year, no-fee permit by the village. Vertical branches less than four inches in diameter may be removed where they branch to a main branch provided no more than one-third of the tree canopy is removed. Following expiration of an approved three-year permit, no more than one-fourth of a tree's living canopy may be removed within a one-year period.

5.

Slash Pine, especially juvenile Slash Pine, is extremely sensitive to construction disturbance, foot traffic around the base, and artificial irrigation. Precautions shall be taken as necessary to preserve and maintain slash pines during and after planting.

(i)

Prohibitions.

1.

Prohibited plant species. Prohibited species, and all species listed in division 6.2(c)1.d.2. shall not be planted and shall be removed from any site that is subject to the requirements of these landscape regulations.

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 hammock.

4.

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

5.

Prohibited trees in the public right-of-way.

(a)

The following trees may not be planted in the right-of-way:

Allspice

Australian Pine

Bahama Lysiloma

Bald Cypress

Calophyllum

Silver Buttonwood

Clusia - all varieties and cultivars

Dahoon Holly

Ficus - all varieties and cultivars

Inkwood

Lancepod

Madascar Olive

Palms - all types

Rubber tree - all varieties and cultivars

Torchwood

No palms, specifically coconut palms will be permitted to overhang the right-of-way from private property.

(b)

All street trees proposed to be planted in the village right-of-way will be approved by the public works department as to genus and species, spacing, offset, and size.

(c)

Swale shrubs - shrubs will be permitted to be planted in the right-of-way pending an approved public works right-of-way permit, in the following cases:

(1)

The maintained edge of the proposed shrub can be maintained within a three foot radius of an established and approved street tree, provided the plant material is kept below 30 inches.

(2)

Shrubs placed parallel to the pavement and offset a minimum of four feet from the edge of pavement to the centerline of the shrub, with a maintained edge of shrub at least two feet from the edge of pavement. The proposed shrubs cannot impede the drainage from the roadway in any way and must be planted at an elevation below the edge of pavement. Dimensions of the maintained shrub will not exceed four feet wide nor 30 inches in height.

(3)

The proposed shrub type (genus and species) will be reviewed by the public works department during the permitting process.

(j)

Enforcement.

1.

Withholding a certificate of compliance. The administrative official shall withhold approval of any final regulatory action or final building inspection prior to the issuance of a final certificate of use, certificate of occupancy or certificate of completion until a preparer's certification of landscape compliance has been approved.

2.

Inspections. The administrative official shall have the right to inspect the lands affected by these regulations, to order actions required for Code compliance, to issue civil violation notices and to process cases to the special master for violations.

3.

Violations. Failure to install or maintain landscaping according to the terms of these landscape regulations shall constitute a violation of this Code. Failures to plant, preserve, or maintain each individual tree shall be considered to be a separate violation of these regulations. Each day in which either landscaping or individual trees are not installed or maintained according to the terms of these landscape regulations shall constitute a continuing and separate violation of these regulations.

4.

The administrative official may permit minor and minimal adjustments to these landscaping regulations when determined to be practically necessary, provided such variation or adjustment is "de minimis" and not contrary to any specific condition of a development order approved by the village council or zoning board.

(k)

Conflicts with other ordinances or regulations. If these landscape regulations conflict with other ordinances or regulations, the more stringent regulation or requirement shall govern or prevail to the extent of the conflict.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2012-4, § 2, 3-20-12; Ord. No. 2014-02, § 2, 4-8-14; Ord. No. 2015-8, § 2, 9-8-15; Ord. No. 2018-5, § 2(Exh. A), 5-8-18; Ord. No. 2021-10, § 2(Exh. A), 10-19-21)

(a)

Generally. These tree preservation and protection regulations ("tree regulations") shall be a minimum standard for the protection, removal and relocation of trees and shall be enforced by the village.

(b)

Tree cutting standards.

1.

No person shall commit tree abuse, hatrack or effectively destroy any tree located on his or her property in the village, unless otherwise permitted by the terms of these tree regulations. Each separate action shall constitute a violation of this section regardless of whether the tree was previously abused, hatracked or effectively destroyed.

2.

Any tree that is cut in violation of this section shall be replaced as set forth in this section.

3.

Penalties. Any person that commits tree abuse, hatracking, or effectively destroys any tree in the village shall be subject to the following penalties:

a.

First violation: $250.00 per tree; and

b.

Second violation and subsequent violations: $500.00 per tree.

If a person engages in tree cutting that effectively destroys a tree, the person shall be required to obtain an after-the-fact tree removal permit in accordance with the provisions of section 6.2(c) of the Village Code of Ordinances.

(c)

Tree removal and relocation permits.

1.

Permits required.

a.

Tree removal. A tree removal permit is required for the removal or relocation of any tree in the village located on private property or on the public right-of-way fronting private property, unless specifically exempted below.

b.

Illegal removal. Trees that have been removed illegally shall be replaced on the basis of two caliper inches per each one caliper inch of tree removed [i.e., if a ten inch caliper tree was removed, a total of 20 caliper inches shall be re-planted to comply with this provision]. Trees shall be replanted on site and meet minimum standards for caliper and other provisions of these regulations, including height.

c.

Violations. A village official shall not issue a tree removal permit that does not comply with these tree regulations. Any such permit issued in error or under false pretenses shall be void. It shall be unlawful for any person to violate or not comply with any of the conditions of a village tree removal or landscape permit.

1.

Mortgagees. Any mortgagee with respect to property upon which any violation of these regulations has occurred shall not be liable for such violation unless, prior to said violation, said mortgagee has foreclosed upon said property or participated in the management or control of said property, or unless said mortgagee has effected or caused the tree ordinance violations occurring on said property.

2.

Prior actions. If actions or omissions constituting a violation of these regulations occurred at a time when the completed actions or omissions were not prohibited by law, such completed actions or omissions shall not constitute a violation.

d.

Exemptions. The following activities are exempt from tree removal permits, but may only be undertaken following an inspection by the administrative official.

1.

Removal of any dead tree on private property, excluding the public rights-of-way.

2.

Removal of any of the following tree species (provided the tree is not within a natural forest community, in which case a permit shall be required, but all application and permit fees shall be waived by the village):

i.

Abrus precatorius (rosary pea)

ii.

Acacia auriculiformis (earleaf acacia)

iii.

Adenanthera pavonina (red sandalwood)

iv.

Albizia lebbek (woman's tongue)

v.

Araucaria columnaris (Norfolk Island pine)

vi.

Ardisia elliptica (Shoebutton ardisia)

vii.

Bauhinia blakeana (Hong Kong orchid tree)

viii.

Bischofia javanica (bischofia, bishopwood)

ix.

Casuarina (Australian pine, beefwood)

x.

Cestrum diurnam (day flowering jessamine)

xi.

Cinnamomum camphora (camphor tree)

xii.

Colubrina Asiatica (colubrina, lather leaf)

xiii.

Cupaniopsis anacardioides (carrotwood)

xiv.

Dalbergia sissoo (Indian rosewood)

xv.

Ficus altissima (banyan tree, false banyan)

xvi.

Ficus benghalensis (Bengal fig)

xvii.

Ficus benjamina (weeping fig)

xviii.

Ficus microcarpa (laurel fig)

xix.

Flacourtia indica (governor's plum)

xx.

Hibiscus tiliaceus (mahoe)

xxi.

Leucaena leucocephala (lead tree)

xxii.

Ludwigia peruviana (Peruvian primrose willow)

xxiii.

Melaluca quinquenervia (cajeput/paperbark)

xxiv.

Melia Azedarach (chinaberry tree)

xxv.

Metopium toxiferum (poison wood)

xxvi.

Mimosa pigra (catclaw mimosa)

xxvii.

Mwerremia tuberosa (wood rose)

xxviii.

Neyraudia reynaudiana (Burma reed, cane grass)

xxix.

Penisetum purpureum (elephant grass)

xxx.

Psidium guajava (guava)

xxxi.

Rhodomyrtus tomentosa (rose myrtle)

xxxii.

Ricinus communis (castor bean)

xxxiii.

Sacharum spontaneum (wild sugarcane)

xxxiv.

Sapium sebiferum (popcorn tree)

xxxv.

Scaveola taccada (beach naupaka)

xxxvi.

Schefflera actinophylla (Queensland umbrella)

xxxvii.

Schinus terebinthifolius (Brazilian pepper)

xxxviii.

Senna pendula var. glabrata (Christmas cassia, climbing cassia)

xxxix.

Terminalia catappa (tropical almond)

xl.

Thespesia populnea (seaside mahoe)

3.

Removal of any tree which has been destroyed or effectively destroyed by an act of God, or by acts outside of the control of any person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by that person. Where a tree has been destroyed or effectively destroyed as described above, it is the intent of this provision to exempt from liability for such destruction or effective destruction the person who has or had a legal beneficial or equitable interest in the real property upon which such tree is located if the person could not have prevented the destruction by the exercise of reasonable care.

4.

Removing, trimming, cutting or altering of any mangrove tree or removal of any tree located upon land which is a wetland as defined in this Code. Instead, trees located upon land which is a wetland and mangrove trees located anywhere in the village shall be subject to the applicable wetland permitting requirements of this land development code.

5.

Review of projects involving tree removal or relocation. The administrative official shall review all applications for development approval to determine if the applicant must apply for a tree removal permit. The administrative official shall also review for the same purpose proposed plans for new roadways or improvements to highway design projects and proposed plans for new public parks and recreational facilities and other public facilities.

6.

Removal of any tree on private property that is supported by documentation from an arborist certified by the ISA or a Florida landscape architect to pose an unacceptable risk to persons or property pursuant to F.S. § 163.045. Tree removals performed pursuant to F.S. § 163.045 shall not require an inspection by the administrative official.

e.

Trees on rights-of-way. The village shall waive permit fees for removal or relocation of trees located in the public right-of-way and, if tree replacement is deemed necessary, shall replace the trees in accordance with the replacement requirements of this division. Notwithstanding the foregoing, the village may require a property owner to pay permit fees and/or replace a right-of-way tree if the property owner is required to obtain an after-the-fact tree removal or relocation permit due to a violation of the provisions of this division.

2.

Permit application. The administrative official shall provide permit application forms for removal or relocation of trees within the village. An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If the permit application is a lessee or agent of the owner, a statement from the property owner indicating that the owner has no objection to the proposed tree removal shall accompany the application. The permit applicant shall submit to the administrative official a completed application form. Permit application forms shall be accompanied by two sets of site plans, which are subject to review and approval by the village administrative official. The site plan shall include the locations of all existing tree resources, the sizes (DBH), type, location, canopy spread, and all proposed structures or utilities which may require removal or relocation of trees. The administrative official may require that said plans be prepared by either a landscape architect, architect or an engineer registered in the state. If the submitted site plan does not provide sufficient information to determine which trees will be affected by the proposed development, the administrative official may require that a tree survey of the site be prepared and submitted for review.

3.

Review and evaluation of permit application. The administrative official shall conduct a review of each completed tree removal permit application. This review and all actions taken by the administrative official under the provisions of these tree regulations shall be conducted using best available practices from biology, botany, forestry, landscape architecture and other relevant fields, and shall be conducted in a manner that is consistent with all applicable goals, objectives and policies in the comprehensive development master plan. Upon receipt of a completed permit application, the administrative official shall visit the site and determine whether the site contains specimen trees or any other trees subject to the provisions of these regulations.

a.

Specimen trees. If a site contains any specimen trees, then the provisions of the specimen tree standards section shall apply.

b.

Other trees. If there are trees present on a site other than any portion of a natural forest community or specimen trees, then the replacement provisions of the replacement requirements for tree removal section shall apply.

c.

Combination of tree types. In the event that a site contains any combination of natural forest community, specimen trees or other trees, then the provisions of the Code shall be applied in proportion to the presence of each type of tree or community.

4.

Specimen tree standards. The standards to be applied in reviewing tree removal applications involving specimen trees are as follows:

a.

Specimen trees application. Specimen trees shall be preserved whenever reasonably possible. Upon receipt of an application to remove a specimen tree, the administrative official shall consider the following factors in evaluating said application:

i.

Size and configuration of the property.

ii.

Size and configuration of any proposed.

iii.

Location of the tree relative to any proposed development.

iv.

Whether or not the tree can be preserved under the proposed plan or any alternative plan.

v.

Health, condition and aesthetic qualities of the tree.

vi.

Whether the tree poses a threat to persons or property.

b.

Alternate plans. If, upon review of the factors enumerated in subsection a. above, the administrative official determines that a specimen tree cannot reasonably be preserved under the proposed plan, then the applicant shall provide an alternate plan when feasible, which shall include preservation of the specimen tree and design alterations consistent with the scope and intent of the initially-proposed plan. Alterations consistent with the scope and intent of the initially proposed plan may include, but shall not be limited to:

i.

An adjustment of building orientation on a site.

ii.

An adjustment of lot lines within a site proposal where said adjustment will not cause an unreasonable loss of usable space. An applicant shall have the burden of proof in the determination of what constitutes an unreasonable loss of usable space.

c.

Specimen tree relocation. If preservation of the specimen tree and any alternate design consistent with the scope and intent of the initial plan are mutually exclusive, then the administrative official may issue a permit to relocate the specimen tree. If the tree removal permit requires relocation, then the applicant shall be required to relocate the tree in accordance with the standards set forth herein.

d.

Removal of specimen trees. If relocation of the specimen tree is not feasible due to the size, health, location, species or any other factor, then a permit may be issued for removal, and tree replacement shall be required.

e.

Replacement requirements for specimen trees. Removal of a specimen tree with a diameter at breast height of 18 inches or more shall require replacement at the rate of one and one-half or two times the caliper removed in accordance with the provisions of either paragraph i. or paragraph ii. below, except that palm trees and fruit trees shall be replaced at the rate of one tree for each tree removed. Each required replacement tree shall be a minimum of 14 feet in height and three inches in caliper at the time of planting. As a condition of the issuance of a tree removal permit for the removal of a specimen tree, tree replacement requirements shall be as follows:

i.

Twice those specified otherwise by these regulations. For example, a tree with a caliper of 18 inches shall be replaced with a tree or trees (minimum four inches diameter at breast height (DBH) and 12 feet in height) having a combined, cumulative caliper of 36 inches.

ii.

One and one-half those specified otherwise by these regulations, except that a tree with a caliper of 18 inches shall be replaced with a tree or trees (minimum eight inches diameter at breast height (DBH) and 25 feet in height) and having a combined, cumulative caliper of 27 inches.

In instances where the village arborist determines that a specimen tree is causing damage to a home, street, driveway, or utilities located on a subject property and where the arborist further conclusively determines that no other feasible alternative exists that would allow for preservation of the tree without further damage to those facilities, and where relocation of the damaged facility is not practical, replacement of the tree may be permitted at the rate of one or more trees equaling the diameter of the tree removed.

In the event that replacement is not feasible on-site, then alternative off-site replacement shall be required or, as a last alternative, there shall be a contribution to the village tree trust fund for the full value of the replacement trees. Additionally, there shall also be an equitable contribution to the village tree trust fund for the irreplaceable loss of the aesthetic and environmental contributions of the specimen tree(s), according to a contribution schedule established by resolution of the village council.

f.

Exemptions. An applicant may be exempt from the replacement requirements of paragraph e. above, but subject to the tree replacement requirements of paragraph 6.c. below under the following circumstances:

i.

Upon submittal of a statement from a certified arborist registered in the state which indicates that a specimen tree, due to disease, condition, growth habit or any other reasonable botanical factor, does not provide the aesthetic or environmental contribution associated with a specimen tree. Said statement shall include the specific reason(s) for the claimed exemption from the provisions of these regulations.

ii.

When a site contains more than one specimen tree, and 50 percent or more of the existing specimen trees and at least 50 percent of the existing specimen tree canopy area is preserved.

5.

Replacement requirements for tree removal. As a condition of the issuance of a tree removal permit, the permittee shall be required to replace trees that are authorized to be removed under the provisions of these tree regulations. The number of trees and number of species of trees required for replacement shall be determined according to the specifications contained herein. Tree replacement shall not be required in instances where the existing or proposed tree canopy equals or exceeds 70 percent of the area of the subject property, or for a tree underneath existing tree canopy that has been determined by the administrative official to be an inappropriate understory tree species that will not thrive in a shaded condition.

The administrative official may require that replacement shall be described in a landscape replacement plan which shall meet the minimum requirements of the Code. No tree removal permit shall be issued until the administrative official has approved said plan.

6.

Procedures for determining tree replacement requirements. The administrative official shall determine the total number and type of replacement trees required for the issuance of a tree removal permit according to the following procedural steps:

a.

Step 1: Determining existing tree canopy coverage on-site. The area of existing tree canopy. coverage of a site shall be determined by the administrative official, using one or any combination of the following methods: Review of aerial photography; on-site inspection; and review of a tree survey. The administrative official may require the applicant to submit a tree survey for the purpose of this determination.

b.

Step 2: Determining impact area of proposed project. The area of existing canopy coverage which will be affected (impact area) by the applicant's proposed development shall be determined by the administrative official based on a site plan and completed tree removal permit application.

c.

Step 3: Determining number of replacement trees required to be planted. The total number of trees required for replacement shall be based on the area of impact and the category of replacement tree selected by the applicant. Each replacement tree shall compensate in accordance with the requirements of paragraph i or ii below as follows:

i.

At a ratio of 2:1 for a portion of the tree canopy lost in the impact area, except that palm trees and fruit trees shall be replaced at the rate of one tree for each tree removed.

ii.

At a rate of one and one-half times the tree canopy lost in the impact area if replacement trees are provided at a minimum of six to ten inches in diameter and 25 feet in height at the time of planting.

In instances where the village arborist determines that a non-specimen tree is causing damage to a home, street, driveway, or utilities located on a subject property, where the arborist further conclusively determines that no other feasible alternative exists that would allow for preservation of the tree without further damage to those facilities, and where relocation of the damaged facility is not practical, replacement of the tree may be permitted at the rate of one or more trees equaling the canopy of the tree removed. The following table shall be used as a standard for determining the required number of replacement trees:

TABLE 6-2
DETERMINING NUMBER OF REPLACEMENT TREES

Replacement categories shall compensate for the lost canopy. In the event that a replacement tree actually has more canopy coverage at the time of planting than the amount of credit allowed under the tree replacement formula above, then the applicant shall receive full credit for the canopy coverage provided by the replacement tree at the time of planting. The applicant shall submit a list of proposed replacement trees on a form provided by the administrative official, except when the total number of replacement trees exceeds 20, and then the applicant shall be required to submit a landscape replacement plan consistent with the provisions of the landscape regulations. Proposed replacement lists or plans are subject to administrative official approval. The administrative official shall approve proposed replacement trees that are consistent with the standards of these tree regulations.

d.

Step 4: Location of replacement tree. Specific placement of replacement trees on-site shall be determined by the applicant. If the site cannot accommodate the required replacement trees because of insufficient planting area as determined by the administrative official, then the applicant shall be required to plant replacement trees at an off-site location subject to the administrative official approval, or, as an alternative, shall provide an equitable contribution to the village tree trust fund to compensate for those replacement trees which cannot be accommodated on-site.

e.

Step 5: Minimum species diversity standards. When more than ten trees are required to be planted in accordance with the provisions of this division, a diversity of species shall be required. The number of species to be planted shall be based on the overall number of trees required. The number of species to be planted shall be based on the overall number of trees required. The applicant shall be required to meet the following minimum diversity standards:

TABLE 6-3

Permittees shall not be required to plant in excess of six species. The number of trees of each species planted shall be proportional to the number of species required. A minimum of 50 percent of all replacement trees planted shall be native to the county, and no more than 30 percent of the replacement trees shall be palms. However, when native trees are removed, all replacement trees shall be native species. As an alternative to the minimum species diversity required herein, an applicant may propose an alternative species diversity in an alternative landscape enhancement plan described in these tree regulations.

f.

Step 6: Minimum standards for replacement trees.

i.

All replacement trees shall have a minimum quality of a Florida No. 1 grade or better.

ii.

The administrative official shall maintain a list of species for each category of replacement tree. This list may be amended from time to time, as necessary. Replacement tree heights shall be determined by overall height measured from where the tree meets the ground to the top-most branch.

aa.

All category 1 replacement shade trees shall be a minimum of 26 to 35 feet in height and have a minimum caliper of 10 to 12 inches at the time of planting, and at maturity should have a canopy coverage of 1,500 square feet under normal growing conditions.

bb.

All category 2 replacement shade trees shall be a minimum of 19 to 25 feet in height and have a minimum caliper of 7 to 9 inches at the time of planting, and at maturity should have a canopy coverage of 1,000 square feet under normal growing conditions.

cc.

All category 3 replacement shade trees shall be a minimum of 15 to 18 feet in height and have a minimum caliper of 5 to 6 inches at the time of planting, and at maturity should have a canopy coverage of 700 square feet under normal growing conditions.

dd.

All category 4 replacement shade trees shall be a minimum of 14 feet in height and have a minimum caliper of 4 inches at the time of planting, and at maturity should have a canopy coverage of 500 square feet under normal growing conditions.

ee.

All category 5 replacement shade trees shall be a minimum of 12 feet in height at the time of planting and at maturity should have a canopy coverage of 300 square feet under normal growing conditions.

ff.

All category 1 replacement palm trees shall have a minimum height of ten feet at the time of planting and at maturity should have a canopy coverage of 300 square feet under normal growing conditions.

gg.

All category 2 replacement palm trees shall have a minimum height of three feet at the time of planting and at maturity should have a canopy coverage of 100 square feet under normal growing conditions.

hh.

All replacement small trees shall have a minimum height of six feet at the time of planting and at maturity should have a canopy coverage of 200 square feet under normal growing conditions.

7.

Requirements for a landscape replacement plan. A landscape replacement plan shall be submitted to the administrative official by the permit applicant when a minimum of 10,000 square feet of replacement canopy are required. All landscape replacement plans shall meet the following minimum standards:

a.

Number, species, and size of trees. The number of trees, number of species of trees, and size of trees proposed for planting shall be consistent with provisions of these regulations.

b.

Site plan. The applicant shall submit a site plan that includes the proposed replacement locations of all replacement plantings and tree relocations, all property lines, and all proposed and existing structures, driveways and utility casements.

c.

Canopy. The canopy spread of any tree that is proposed for preservation shall be shown on the plan. Where a portion of the canopy of a tree or trees will be removed without removal of the trees, a notation shall be made on the plan. When noting and selecting replacement trees, care shall be taken to prevent the planting of new trees underneath existing tree canopy unless the noted and selected trees are an appropriate understory tree species that will thrive in a shaded condition and not interfere with the growth of the existing trees and tree canopy.

8.

Tree protection requirements during construction.

a.

Protection requirements. During site development, protection requirements for trees designated for preservation under an approved tree removal permit shall include, but not be limited to, the following:

i.

Protective barriers shall be placed around each tree, cluster of trees, or the edge of a preservation area, for trees located on private property outside of the public right-of-way, no less than six feet (in radius) from the trunk of any protected tree cluster, or preservation area unless a lesser distance is specified by the administrative official. Protective barriers shall be a minimum of four feet above ground level and shall be constructed of wood, plastic or metal, and shall remain in place until development is completed and the administrative official has authorized their removal. Protective barriers shall be in place prior to the start of any construction.

ii.

Understory plants within protective barriers shall be protected.

iii.

No excess oil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers, nor shall there be disposal of any waste material such as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or understory plants within the areas surrounded by protective barriers.

iv.

Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict damage to the tree.

v.

Natural grade shall be maintained within protective barriers. In the event that the natural grade of the site is changed as a result of site development such that the safety of the tree may be endangered, tree wells or retaining walls are required.

vi.

Underground utility lines shall be placed outside the areas surrounded by protective barriers. If said placement is not possible, disturbance shall be minimized by using techniques such as tunneling or overhead utility lines.

vii.

Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such as discontinuous footings, to avoid damage to major roots.

viii.

Root barriers shall be installed with the planting of new trees in instances where there is a likely possibility that future root growth will cause damage to foundations, driveways, utilities, or other infrastructure.

b.

Replacement. If these tree protection regulations are not adhered to by the permittee and the trees are effectively destroyed, then all such trees shall be replaced according to the standards of these regulations, in addition to being subject to the penalty provisions of the Code.

9.

Tree relocation standards. The relocation of any tree subject to the provisions of these regulations shall be consistent with the minimum standards of the American National Standards Institute (ANSI) and the tree relocation standards promulgated by the county department of environmental resources and management.

10.

Permit issuance.

a.

Issuance. The administrative official shall deny an application or approve an application and issue a permit (subject to conditions, limitations or restrictions), for the activity proposed under the permit application, provided:

i.

The required application fee and permit fee are submitted to the village.

ii.

A performance bond, if required, has been posted. As a condition of issuing a tree removal permit, the administrative official may require the posting of a performance bond, which shall be equivalent to 100 percent of the estimated cost of the permitted activity and may be in the form of a letter of credit, surety, cash, or certificate of deposit. All performance bonds shall remain in force for a minimum of either one year after the actual completion date of the permitted activity to ensure that any replanted trees which perish are replaced, or until viability of all replanted trees has been achieved, whichever occurs last. However, at the discretion of the administrative official, performance bonds may be partially released in phases based upon partial completion of planting or other permit requirements.

iii.

All required plans or covenants are submitted and are in compliance with the standards herein.

b.

Incomplete permit applications. All tree removal permit applications which remain incomplete for a period of 120 days shall be denied. A new tree removal permit application shall be required for all work previously proposed under a permit application which has been denied.

11.

Continuance of official documents. The natural forest community maps approved by the county board of county commissioners on December 12, 1984, by Resolution No. 1764-84; all tree removal permits issued pursuant to Chapter 26B of the Code of Miami-Dade County; administrative approvals; and all consent agreements executed in order to resolve alleged violations of Chapter 26B of the Code of Miami-Dade County, Florida, are hereby confirmed and shall remain in full force and effect, and all conditions, restrictions and limitations contained therein shall continue to apply, and compliance therewith shall be enforceable pursuant to the provisions of this these tree regulations.

12.

Tree trust fund.

a.

Creation of the tree trust fund. There is hereby created a village tree trust fund, the purpose of which is to acquire, protect and maintain natural forest communities in the village and to plant trees on public property. If a site cannot accommodate required replacement trees because of insufficient planting area as determined by the administrative official, and an acceptable location for replacement trees at an off-site location cannot be identified or approved by the administrative official, then as an alternative, the applicant shall provide an equitable contribution to the village tree trust fund to compensate for those replacement trees which cannot be accommodated on-site.

b.

Disbursement and maintenance of the tree trust fund. Monies obtained for the tree trust fund shall be disbursed for the acquisition, maintenance, management and protection of natural forest communities, or for planting trees on public property. Disbursement from the tree trust fund shall require approval by resolution of village council, provided, however, that any funds received pursuant to the conditions of any tree removal permit shall be used as required by the permit conditions without the necessity of approval, appropriation, or action of any kind by the village council. The administrative official is hereby authorized to receive and disburse monies in accordance with this provision.

13.

Permit fees. The village shall charge and collect application, permit and tree trust fund contributions at the rates established by separate resolution approved by the village council. Applications from government agencies for tree removals in areas dedicated to public use may, at the discretion of the administrative official, be exempted from application fees and permit fees.

14.

Penalties for violation of tree removal and relocation regulations. Failure to obtain a tree removal or relocation permit prior to removing or relocating any tree in accordance with the terms of this division shall be subject to the following penalties:

i.

First violation: $250.00 per tree, per day until a complete after-the-fact tree removal or relocation permit application is submitted.

ii.

Second and subsequent violations: $500.00 per tree, per day until a complete after-the-fact tree removal or relocation permit application is submitted.

If the submitted application for a tree removal or relocation permit is denied, fines shall continue to accrue from the date of denial until a revised or corrected tree removal or relocation permit application is submitted.

The village manager or the village manager's designee may bring any tree removal violation before the special magistrate for a determination as to whether the tree removal violation constitutes an uncorrectable violation, as defined under section 2-132 of the Village Code. Upon a finding by the special magistrate that a tree removal violation is an uncorrectable violation that is irreparable or irreversible in nature, the special magistrate shall impose a fine of up to $5,000.00 per tree and require the violator to obtain an after-the-fact permit and to replace any damaged trees.

15.

Enforcement and remedial actions. The following remedial actions are required for tree abuse:

a.

In the event a person is found to have committed a violation of tree abuse, the person/violator shall be responsible to undertake pruning and other remedial actions that the village determines are reasonably necessary to protect public safety and property, and to help the tree survive the tree abuse damage.

b.

If the village determines that a specimen or non-specimen tree will not survive and/or will not grow at a rate and in a manner normally expected for that species as a result of tree abuse, the person/violator shall remove the abused tree and install a replacement tree. The diameter breast height of the replacement trees shall be equal to the diameter breast height of the abused tree, or if an equivalent diameter breast height tree is not available, the closest sized tree that is commercially available subject to approval of the administrative official.

Any remedial action required under this section shall be completed within 60 days of notice from the village that such actions are required. The village may require the person/violator to immediately commence remedial actions in the event the abused tree is an immediate threat to the public or property.

(d)

Landscaper registration. For purposes of this section only, the following definitions shall apply:

1.

Definitions.

a.

Landscaper shall mean any person, company, corporation or service which does regularly, for compensation or fee, installation, planting, and maintenance of yards and grounds; planting, pruning, removal and care of trees; and/or planting, cutting and care of grass and shrubs.

b.

Trim shall mean to cut away, remove, cut off or cut back any part of a tree or plant.

2.

Registration requirements.

a.

Any landscaper performing work within the village shall be required to register with the village manager or the village manager's designee on registration forms provided by the village. Each registration shall include the following supplemental documents:

i.

A copy of the applicant's valid driver's license or other form of photo identification.

ii.

A copy of the applicant's current local business tax receipt.

iii.

Signed acknowledgment that the applicant has been provided a copy of the village's tree pruning and removal regulations and that the applicant has read and agreed to the requirements.

iv.

A certificate of insurance, reflecting a minimum of $300,000.00 of commercial general liability insurance to include bodily injury and property damage. The applicant shall certify compliance with F.S. ch. 440, Workers' Compensation Insurance, as amended. The Workers' Compensation Insurance shall be for landscapers and tree trimmers. The policy(ies) of insurance shall be issued in the name of the applicant or the business organization. The Village of Pinecrest shall be named as additional insured. The policy shall not limit the availability of the insurance to the village by means of language that would negate coverage where the registrant is not in direct privity of contract with the village. A copy of the required policy(ies) or a copy of a certificate of insurance shall be available for inspection at each site where landscaping or tree trimming activities are in progress.

b.

A landscaper's registration shall be pro-rated and issued for the remainder of the calendar year in which it is requested and shall be renewed annually on or before January 1 each year thereafter.

c.

Registered landscapers shall maintain a copy of such registration on site and available for inspection at all times when performing work within the village.

d.

The village may revoke or deny renewal of a landscaper registration if such landscaper fails to conform to the tree cutting standards prescribed in section (b) above or if found to have committed tree abuse, hatracking, or to have effectively destroyed a tree. In addition to revocation or non-renewal of registration, a landscaper who violates the provisions of this chapter, shall be subject to the penalties set forth in section (e)3 below.

e.

Landscapers who have been found to have committed tree abuse shall be required to take remedial measures to correct said abuse, as determined by the village's arborist, including, but not limited to, payment to the tree trust fund for the replacement value of said tree, as set forth in this chapter.

f.

Landscapers performing work within the village shall have the name as shown on their landscaper registration clearly marked on each of their vehicles located on site; and shall affix the annual registration sticker issued by the Village of Pinecrest to the front windshield, side window, or rear window of each such vehicle.

g.

To the extent not prohibited by federal, state, or local law, no owner, tenant, or occupant of any property shall allow any unregistered landscaper to perform any landscaping work on any property or public right-of-way.

3.

Penalties. Any unregistered landscaper that performs landscaping work and/or any property owner that allows an unregistered landscaper to perform landscaping work in the village shall be subject to the following penalties:

a.

First violation: Written warning;

b.

Second violation: $250.00; and

c.

Third and subsequent violations: $500.00.

Notwithstanding the foregoing, the village manager or the village manager's designee may issue a courtesy warning to a property owner once before issuing a written warning.

(e)

Tree cutting permit required.

1.

Any person or company who wishes to trim a tree located within the commercially zoned district within the village shall be required to obtain a tree cutting permit prior to performing any tree cutting services within the village.

2.

If after review of the permit application, the village manager, or village manager's designee, determines that the following criteria are met, then a permit shall be issued:

a.

Whether cutting the tree is necessary for health of the tree;

b.

Whether cutting the tree is necessary for safety of public;

c.

Whether cutting the tree will have a detrimental impact on the tree canopy over US 1.

3.

Penalties:

a.

Any person or company found to be in violation of this section shall be assessed a fine as specified pursuant to the village's schedule of civil penalties as provided in chapter 2, administration, of the Village's Code of Ordinances, article V, code enforcement, division 2, civil citation procedures, section 2-174, schedule of civil penalties.

b.

Any person or company who is found to be in violation of this section for a second time within two years shall be assessed a fine as specified pursuant to the village's schedule of civil penalties as provided in chapter 2, administration, of the Village's Code of Ordinances, article V, code enforcement, division 2, civil citation procedures, section 2-174, schedule of civil penalties, and shall be prohibited from performing services within the village for one year from the date of the second violation.

c.

In addition to the assessment of an appropriate fine, if the tree is found to be effectively destroyed and, at the discretion of the village, in need of replacement, then the violator will be responsible for replacing the tree as set forth in this chapter.

4.

Permit expiration/renewal.

a.

"Stand alone" tree removal and relocation permits shall expire one year after issuance or upon such other date as may be specified in a development order or order of the Special Magistrate and may be renewed for successive 6 month periods, if necessary, unless prohibited by the terms of a development order or order of the Special Magistrate. Renewal of any tree removal permit shall be subject to payment of a fee as established by the Village's permit fee schedule. Tree removal permits approved as sub-permits in conjunction with a master permit shall expire within 180 days if no inspection has been approved.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2012-4, § 2, 3-20-12; Ord. No. 2014-02, § 2, 4-8-14; Ord. No. 2015-8, § 2, 9-8-15; Ord. No. 2015-11, § 2, 9-8-15; Ord. No. 2018-5, § 2(Exh. A), 5-8-18; Ord. No. 2021-10, § 2(Exh. A), 10-19-21; Ord. No. 2023-6, § 2, 4-11-23)

ARTICLE I ADMINISTRATION

Sec. 101. GENERAL.

6.3.101.1 Title. These regulations shall be known as the "Floodplain Management Ordinance" of the Village of Pinecrest, hereinafter referred to as "this ordinance."

6.3.101.2 Scope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, 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.

6.3.101.3 Intent. The purposes of this ordinance 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:

(1)

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

(2)

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

(3)

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;

(4)

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;

(5)

Minimize damage to public and private facilities and utilities;

(6)

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

(7)

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

(8)

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.

6.3.101.4 Coordination with the Florida Building Code. This ordinance 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.

6.3.101.5 Warning. The degree of flood protection required by this ordinance 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 man-made or natural causes. This ordinance 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 ordinance.

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

Sec. 102. APPLICABILITY.

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

6.3.102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the Village of Pinecrest, as established in Section 102.3 of this ordinance.

6.3.102.3 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 ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Pinecrest Building and Planning Department, 12645 Pinecrest Parkway, Pinecrest, Florida 33156.

6.3.102.3.1 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 105 of this ordinance 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:

(1)

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 ordinance and, as applicable, the requirements of the Florida Building Code.

(2)

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.

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

6.3.102.5 Abrogation and greater restrictions. This ordinance 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 ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance.

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

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

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

Sec. 103. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.

6.3.103.1 Designation. The Floodplain Manager, or Village Manager's designee, is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees.

6.3.103.2 General. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of this ordinance. The Floodplain Administrator shall have the authority to render interpretations of this ordinance consistent with the intent and purpose of this ordinance 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 ordinance without the granting of a variance pursuant to Section 107 of this ordinance.

6.3.103.3 Applications and permits. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:

(1)

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

(2)

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

(3)

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;

(4)

Provide available flood elevation and flood hazard information;

(5)

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

(6)

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

(7)

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 ordinance is demonstrated, or disapprove the same in the event of noncompliance; and

(8)

Coordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard areas comply with the applicable provisions of this ordinance.

6.3.103.4 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 Floodplain Administrator, in coordination with the Building Official, 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"; 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 ordinance is required.

6.3.103.5 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 Section 107 of this ordinance.

6.3.103.6 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 ordinance.

6.3.103.7 Inspections. The Floodplain Administrator shall make the required inspections as specified in Section 106 of this ordinance 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.

6.3.103.8 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 Section 103.4 of this ordinance;

(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 6 months of such data becoming available;

(4)

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

(5)

Notify the Federal Emergency Management Agency when the corporate boundaries of Village of Pinecrest are modified.

6.3.103.9 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 ordinance 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 ordinance; 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 ordinance and the flood resistant construction requirements of the Florida Building Code. These records shall be available for public inspection at Pinecrest Building and Planning Department, 12645 Pinecrest Parkway, Pinecrest, Florida 33156.

Sec. 104. PERMITS.

6.3.104.1 Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this ordinance, 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 ordinance and all other applicable codes and regulations has been satisfied.

6.3.104.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance 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.

6.3.104.2.1 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 ordinance:

(1)

Railroads and ancillary facilities associated with the railroad.

(2)

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

(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 section 366.02, F.S., 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 section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps.

6.3.104.3 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 Section 105 of this ordinance.

(5)

State the valuation of the proposed work.

(6)

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

(7)

Give such other data and information as required by the Floodplain Administrator.

6.3.104.4 Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, 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.

6.3.104.5 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.

6.3.104.6 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 ordinance or any other ordinance, regulation or requirement of this community.

6.3.104.7 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; section 373.036, F.S.

(2)

Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.

(3)

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

(4)

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.

(5)

Federal permits and approvals.

Sec. 105. SITE PLANS AND CONSTRUCTION DOCUMENTS.

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

(1)

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.

(2)

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 Section 105.2(2) or (3) of this ordinance.

(3)

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 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 Section 105.2(1) of this ordinance.

(4)

Location of the proposed activity and proposed structures, and locations of existing buildings and structures.

(5)

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

(6)

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.

(7)

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 ordinance 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 ordinance.

6.3.105.2 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:

(1)

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

(2)

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.

(3)

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.

(4)

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.

6.3.105.3 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:

(1)

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 Section 105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

(2)

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 analyses that demonstrate 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 (1) 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.

(3)

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 Section 105.4 of this ordinance.

6.3.105.4 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.

Sec. 106. Inspections.

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

6.3.106.1.1 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.

6.3.106.1.2 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.

6.3.106.1.2.1 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:

(1)

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

(2)

If the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 105.2(3)(b) of this ordinance, the documentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent.

6.3.106.1.2.2 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 Section 106.1.2.1 of this ordinance.

6.3.106.1.3 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.

Sec. 107. VARIANCES AND APPEALS.

6.3.107.1 General. The Village Council shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., 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.

6.3.107.2 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 ordinance. Any person aggrieved by the decision may appeal such decision to the Circuit Court, as provided by Florida Statutes.

6.3.107.3 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 Section 107.6 of this ordinance, the conditions of issuance set forth in Section 107.7 of this ordinance, and the comments and recommendations 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 ordinance.

6.3.107.3.1 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 Section 105.3 of this ordinance.

6.3.107.4 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 11 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.

6.3.107.5 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 Section 107.3.1, 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.

6.3.107.6 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 ordinance, and the following:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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.

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

(1)

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 ordinance or the required elevation standards;

(2)

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;

(3)

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

(4)

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 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

Sec. 108. VIOLATIONS.

6.3.108.1 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 ordinance, shall be deemed a violation of this ordinance. 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 ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided.

6.3.108.2 Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance 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.

6.3.108.3 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.

ARTICLE II DEFINITIONS

Sec. 201. GENERAL.

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

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

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

Sec. 202. DEFINITIONS.

Accessory structure. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

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 ordinance.

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 1-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 "1-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.]

Declaration of Land Restriction (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.

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 1-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 2 feet. [Also defined in FBC, B, Section 1612.2.]

Development. Any man-made 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 1-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 ordinance (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 ordinance.

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.

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 11 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 (8) feet or more in width and greater than four hundred (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 value of buildings and structures, excluding the land and other improvements on the parcel. Market value is the Actual Cash Value (like-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, 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 ordinance 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.

Park trailer. A transportable unit which has a body width not exceeding fourteen (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: [see in section 320.01, F.S.)

(1)

Built on a single chassis;

(2)

Four hundred (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.

Special flood hazard area. An area in the floodplain subject to a 1 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. [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 50 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 two separate occasions during a 10 year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of 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 1-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the 1-year period begins on the date of the first improvement or repair of that building or structure subsequent to January 1, 2015. 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. [See Instructions and Notes]

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.

(Ord. No. 2018-5, § 2(Exh. A), 5-8-18; Ord. No. 2021-7, § 2, 7-18-21)

ARTICLE III FLOOD RESISTANT DEVELOPMENT

Sec. 301. BUILDINGS AND STRUCTURES.

6.3.301.1 Design and construction of buildings, structures and facilities exempt from the Florida Building Code. Pursuant to Section 104.2.1 of this ordinance, 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 Section 307 of this ordinance.

6.3.301.2 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:

(1)

Additional Elevation of Buildings.

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 (1) foot, or the back of the sidewalk elevation plus one (1) foot, or if there is no sidewalk, the elevation of the highest crown of the road or street abutting such building site plus one (1) 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 eight (8) inches above the back of sidewalk elevation, or if there is no sidewalk, a minimum of eight (8) inches above the elevation of the highest 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 four (4) inches above the back of sidewalk, or if there is no sidewalk, a minimum of four (4) inches above the elevation of the highest crown of road or street abutting such building site, whichever is higher.

(2)

Limitations on Enclosures Under Elevated Buildings. For buildings located in the special flood hazard area, permit applications for enclosed areas under elevated buildings shall be accompanied by a Nondisclosure Agreement. 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 to the elevated building (stairway or elevator).

b.

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

(3)

Cumulative Substantial Improvement. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term "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 1-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. For each building or structure, the 1-year period begins on the date of the first improvement or repair of that building or structure subsequent to January 1, 2015. 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:

a.

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.

b.

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

(4)

Flood Damage and Substantial Damage. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term "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 50 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 two separate occasions during a 10 year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of structure before the damage occurred.

(5)

Accessory structures. Accessory structures are permitted below the base flood elevation provided the accessory structures are used only for parking or storage and:

a.

Are one-story and not larger than 600 sq. ft.

b.

Have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential.

c.

Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

d.

Have flood damage-resistant materials used below the base flood elevation plus one (1) foot.

e.

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus one (1) foot.

(Ord. No. 2018-5, § 2(Exh. A), 5-8-18; Ord. No. 2021-7, § 2, 7-18-21; Ord. No. 2022-3, § 2, 1-11-22)

Sec. 302. Subdivisions.

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

(1)

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

(2)

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

(3)

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.

6.3.302.2 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:

(1)

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

(2)

Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 105.2(1) of this ordinance; and

(3)

Compliance with the site improvement and utilities requirements of Section 303 of this ordinance.

Sec. 303. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS.

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

(1)

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

(2)

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

(3)

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.

6.3.303.2 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.

6.3.303.3 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.

6.3.303.4 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 105.3(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation.

6.3.303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, 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.

Sec. 304. MANUFACTURED HOMES.

6.3.304.1 General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance.

6.3.304.2 Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and this ordinance.

6.3.304.3 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 or 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.

6.3.304.4 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 base flood elevation plus one (1) foot.

6.3.304.5 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322.2 for such enclosed areas.

6.3.304.6 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.

(Ord. No. 2021-7, § 2, 7-18-21)

Sec. 305. RECREATIONAL VEHICLES AND PARK TRAILERS.

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

(1)

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

(2)

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.

6.3.305.2 Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 305.1 of this ordinance for temporary placement shall meet the requirements of Section 304 of this ordinance for manufactured homes.

Sec. 306. TANKS.

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

6.3.306.2 Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of Section 306.3 of this ordinance shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or 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.

6.3.306.3 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 or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.

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

(1)

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

(2)

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

Sec. 307. OTHER DEVELOPMENT.

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

(1)

Be located and constructed to minimize flood damage;

(2)

Meet the limitations of Section 303.4 of this ordinance if located in a regulated floodway;

(3)

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

(4)

Be constructed of flood damage-resistant materials; and

(5)

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.

6.3.307.2 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 Section 303.4 of this ordinance.

6.3.307.3 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 Section 303.4 of this ordinance.

6.3.307.4 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 Section 303.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 105.3(3) of this ordinance.

(Ord. No. 2015-14, § 2, 12-8-15)

As of September 5, 2001, the village had no wetlands or transitional wetlands within its boundaries. Should future annexation incorporate such wetlands, this division shall then apply. In order to promote and preserve natural hydrological conditions and to preserve water quality, natural habitats, and environmentally sensitive areas, the following regulations shall be applied to wetlands, regardless of their district or zoning designation, and to all areas designated conservation on the future land use map.

(a)

Definitions. Wetlands shall be defined as the area propagating the freshwater marsh vegetative community found along portions of the Snapper Creek Canal. If additional areas are incorporated into the village, the definition of wetlands shall be based on hydrology as well as hydric soil and wetland vegetation within the annexed area. Wetlands shall include transitional wetlands and shall include those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do, or would, support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetland determinations shall be consistent with the most stringent of those of the state department of environmental protection, South Florida Water Management District, and the U.S. Army Corps of Engineers.

(b)

Wetland delineation—Establishing the wetland line. A delineation of the upland/wetland boundary shall be established based upon an on-site (field) survey by a professional biologist or state licensed engineer provided by the applicant, and coordinated with the South Florida Water Management District, the state Department of Environmental Protection, or the U.S. Army Corp of Engineers. The field investigation, which delineates a larger area, shall be used as the upland/wetland boundary line.

(c)

Wetland development restrictions and interpretations. No development shall be permitted in wetlands, including transitional wetlands, until and unless the applicant has obtained all required permits or exemptions from state or federal agencies having jurisdiction and has met all requirements of the land development regulations.

(d)

Density and site alteration. Site alteration on sites with environmentally sensitive lands including, but not limited to, wetlands shall not result in a density in excess of one dwelling unit per ten acres of environmentally sensitive land. Site alteration, including filling or plant removal in the environmentally sensitive areas shall be limited to ten percent of the total site size. The determinations of site size shall be based on physical and biological data obtained from specific site investigations by professionals competent in: 1) Identifying vegetation and soils; 2) Analyzing data; and 3) Making impact assessments, including findings regarding the impacts of potential development on the physical and biological value and function of environmentally sensitive lands. The village shall coordinate with the state and federal jurisdictional agencies for purposes of rendering legal, equitable, and environmentally sensitive determinations of the development rights to be permitted on such wetlands or lands. The developer of a parcel of environmentally sensitive land shall be responsible for obtaining permits or exemptions from all agencies having jurisdiction prior to obtaining a development order or development plan review approval from the village. Regardless of permitting by federal or state permitting agencies, the village shall reserve the right to determine the appropriate land use density or intensity, and special mitigation measures required to comply with this Code. The applicant shall bear the burden of proof for a Village determination that development shall not adversely impact wetlands, transitional wetlands, and other environmentally fragile natural systems. Such determinations shall be based on physical and biological data obtained from specific site investigations by a biologist, a state licensed engineer or by another professional competent in producing data and analysis necessary to support impact assessments.

(e)

Wetland buffer zones. Wetlands and transitional wetlands shall be protected from impacts generated by adjacent land uses through natural upland buffer zones. The upland buffer shall be an area landward of the upland edge of a wetland (i.e., the upland/wetland jurisdictional line if applicable). The buffer area provides an undeveloped area which separates developed upland from a wetland area. The purpose of the buffer area is to ensure the continuing function of the different wetland communities, to prevent pollutants from surface water runoff from entering the wetlands, and to enhance water quality. The village shall retain the right to prohibit development within the buffer area. The boundary of an upland buffer area shall be established by field investigation and shall be consistent with South Florida Water Management District permitting standards for upland buffers adjacent to wetlands to sufficiently protect adjacent wetlands.

1.

Vegetative buffers. Any development adjacent to environmentally sensitive areas, including wetlands, shall provide buffers of 25 feet. An applicant for development shall include a wetland protection plan, which must address the following:

a.

Measures to abate erosion;

b.

Depth of the water table below the soil surface in the zone immediately upland of the wetland line;

c.

Habitat requirements of wetland dependent wildlife; and

d.

Prohibit hazardous waste storage or disposal within upland buffers.

2.

Required dedication of conservation easements. The village may require applicants for site plan review approval or for subdivision development approval to include the dedication of conservation easements or reservations, where the village finds that the dedication is reasonable in order to protect the value and function of a wetland and upland buffers.

(Ord. No. 2002-8, § 3, 11-13-02)

(a)

Applicability. In order to prevent both soil erosion and sedimentation, a soil erosion and sedimentation control plan shall be required as a part of an application for development plan review whenever a development will involve any clearing, removal of native or protected vegetation, grading, or other form of disturbing land by the movement of earth.

(b)

Definitions. For the purposes of this division the following definitions are provided:

Erodible slope: All slopes with inclines in excess of four percent, unless modified by the administrative official based on consideration of specific soil conditions.

Large flat surface area (unpaved): An area which is flat or whose slope is less than four percent and which consists of more than one thousand (1,000) square feet of exposed soil.

Sedimentation: The settling out of the soil particles which are transported by water or wind, in which soil particles are suspended or slowed to a sufficient degree and for a sufficient period of time to allow the particles to settle out of suspension, or when the degree of slope is lessened to achieve the same result.

Soil erosion: Any removal and/or loss of soil by the action of water, gravity, or wind. Erosion includes both the detachment and transport of soil particles.

(c)

Erosion control measures. Development proposals must include all measures necessary to minimize soil erosion and to control sedimentation in the disturbed land area. All disturbed areas shall be protected by measures that minimize velocities of water runoff, maximize protection of disturbed areas from storm water runoff, and prevent or retain sedimentation. Where the following natural features are present on the site proposed for development, an erosion control plan shall be required to address the specific objectives listed below:

1.

Erodible slopes: Prevent detachment and transportation of soil particles from soil.

2.

Streams, streambeds, streambanks, bodies of water, lake shorelines: Prevent detachment and transportation of soil particles.

3.

Drainageways: Prevent detachment and transportation of soil particles (which would otherwise be deposited in streams, bodies of water, or wetlands); and promote deposit or sediment loads (traversing these areas) before these reach bodies of water.

4.

Land adjacent to streams, ponds, lakes, and wetlands: Prevent detachment and transportation of soil particles. The applicant shall not adversely impact aquatic vegetation within the sensitive transition zone located between the upland and the ordinary high water line. No such vegetation shall be disturbed without approval of the village. Any such approval shall be based on a demonstrated necessity which promotes the overall public health, safety and welfare. Furthermore, any such disturbance of aquatic vegetation shall be compensated by re-vegetation based on a plan approved by the village required herein. Where deemed appropriate, the site plan shall include the planting of native indigenous aquatic plant vegetation to promote stability of the shoreline.

5.

Enclosed drainage structure: Prevent sedimentation in structure, erosion at outfall of system, and deposit of sediment loads within system or beyond it.

6.

Large flat surface areas (unpaved): Prevent detachment of soil particles and their off-site transportation.

7.

Impervious surfaces: Prevent the detachment and transportation of soil (in response to the increase in the rate and/or volume of runoff of the site or its concentration caused by impervious surfaces).

8.

Borrow and stockpile areas: Divert runoff from face of slopes exposed in the excavation process; convey runoff in stabilized channels to stable disposal points; leave borrow areas and stockpiles in stable condition.

(d)

Clearing and grading. Appropriate measures shall be taken during land clearing and building operations to assure that exposed, destabilized or otherwise altered soil is expeditiously covered with an acceptable erosion control material. These measures shall apply to the act of subdividing and installation of related improvements, including the periods during which improvements are made and during the length of time soil may be exposed to the environment. Permits for clearing and grading activities shall include specifications for management principles guiding the removal or placement of vegetation and landscaping design. Developers shall be required to take precautionary measures, where necessary to avert destruction or damage to native vegetation.

(Ord. No. 2002-8, § 3, 11-13-02)

(a)

Applicability. As of September 5, 2001, the village had no prime aquifer recharge areas as defined by the South Florida Water Management District. Should the village annex prime aquifer recharge areas into its corporate limits, these regulations shall apply to development within such prime aquifer recharge area.

(b)

Restrictions on development within recharge areas. All development within prime recharge areas shall comply with the following development requirements:

1.

Topography. Development shall preserve the predevelopment topography with regard to soil type, drainage rates, grade elevation, and shall be designed so as to minimize the reduction or recharge of the surgical aquifer. The groundwater level and fluctuations shall not exceed those under predevelopment conditions.

2.

Soil removal. Removal of soil from a development site or any portion thereof which is located above 25 feet mean sea level is prohibited. On such sites or portions thereof, the natural topography shall not be reduced beyond six feet above the normal high water table (with the exception of drainage conveyance or retention ponds) or eight feet below existing land surface, whichever is more restrictive.

3.

Clearing. No clearing of soil or vegetation may occur before a permit is issued.

4.

Excavation. No excavation which cuts below the seasonal high water table (this practice lowers the water table level) shall be allowed. This includes, but is not limited to, excavations for building foundations parking lots, and site drainage. Open drainage conveyances below the normal high water table shall be prohibited. Underground piping of stormwater is required when culverts are lower than the normal high water table.

5.

Impervious surfaces. Impervious surfaces of recharge areas shall be regulated as follows:

a.

Development on sites with any land having an elevation no greater than 25 feet above mean sea level (MSL) shall restrict impermeable surfaces to 50 percent of the total area of the site which is 25 feet or less MSL.

b.

Development on sites with any land exceeding 25 feet mean sea level (MSL) shall restrict impermeable surfaces to 35 percent of the total area of the site which is above 25 MSL.

(c)

Prohibited land uses. The following land uses and activities are prohibited within aquifer recharge areas:

1.

Sanitary landfills;

2.

Animal feedlots;

3.

Wastewater treatment facilities;

4.

Petroleum and pesticide treatment facilities;

5.

Incinerators;

6.

Above-ground or below-ground pipes for pollutants or contaminants;

7.

All other land uses that store, handle, or generate hazardous materials or wastes. The following state and federal rules define and regulate additional hazardous material:

a.

Chapter 38F41 of the Florida Administrative Code (the Florida Substance List);

b.

Title 40 of the Code of Federal Regulations Part 261 (Identification and Listing of Hazardous Wastes);

c.

Title 40 of the Code of Federal Regulations Part 302.4, Table 302.4 (List of Hazardous Substances and Reportable Quantities);

d.

Title 40 of the Code of Federal Regulations Part 355, Appendix A and B (List of Extremely Hazardous Substances).

(Ord. No. 2002-8, § 3, 11-13-02)

As part of the staff analysis and evaluation of development plans, the administrative official shall coordinate with members of a multi-agency technical review committee comprised of the following agencies: the county department of environmental resource management (DERM), the South Florida Water Management District (SFWMD), and other federal, state, and regional agencies as may be appropriate in managing the following activities:

(a)

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.

(b)

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.

(c)

The village shall coordinate with DERM and SFWMD, as well as other appropriate state agencies, in matters involving stormwater management, drainage, water quality and quantity, and consumptive use permitting.

(Ord. No. 2002-8, § 3, 11-13-02)

Vegetative communities and wildlife habitats (particularly those identified as primary habitat for endangered or threatened species or species of special concern), which are deemed environmentally significant shall be protected from adverse impacts associated with development. Table V-1 (Flora and Fauna Found in Miami-Dade County Which Are Endangered, Threatened, or Species of Special Concern) contained within the comprehensive development master plan conservation element: data inventory and analysis, lists the protected flora and fauna. The following species as identified by the state game and freshwater fish commission's office of environmental services are found in the village: rim rock crowned snake (Tantilla oolitica); little blue heron (Egretta caerulea); mangrove gambusia (Gambusia rhizophorae); mountain mullet (Agonostomus monticola); little strongbark (Bourreria cassinifolia); Carter's small-flowered flax (Linum carteri var. Carteri); silver palm (Coccothrinax argentata); bahama brake (Pteris bahamensis); slender spleenwort (Asplenium trichomanes-dentatum), tropical ironwood (Eugenia confusa); golden leather fem (Acrostichum aureum); Christmas berry (Crossopetalum ilicifolium); rhacoma (Crossopetalum rhacoma); pineland jacquemontia (Jacquemontia curtissii); Florida five petaled leaf-flower (Phyllanthus pentaphyllus ssp. Floridanus); rockland painted leaf (Poinsettia pinetorum); and West Indian cherry (Prunus myrtifolia). Essential breeding, feeding or habitat sites for endangered or potentially endangered flora or fauna shall be protected pursuant to these regulations. Applicants for development within any areas identified as refuge, breeding, feeding, or habitat areas of endangered or threatened species or species of special concern shall prepare a habitat management plan, which shall as a minimum comply with the following regulations:

(a)

Critical habitat management plan required. Development plans and preliminary plats shall include a "Critical Habitat Management Plan" prepared by a professional biologist, ecologist, or other related professional. The plan shall ensure the protection of endangered and threatened flora and fauna as determined by the state or federal government. As a minimum standard, the plan shall address the following:

1.

Occurrences of designated species by a qualified ecologist;

2.

Land needs to support continued on-site presence of the species;

3.

Impacts of proposed development which will disturb the species;

4.

Management plans and measures necessary to protect the subject species;

5.

Cost to developer to implement the recommended management plan as approved.

(b)

Criteria for reviewing critical habitat plan. Development activities which have an adverse effect upon a designated species shall require mitigation acceptable to the village or shall not be permitted. Viable habitat for endangered or threatened species or species of special concern occurring on a site shall be identified on the management plans as preservation areas. All development activities shall be prohibited within these preservation areas, with the exception of recreational and educational uses where such uses shall not adversely affect such species. The administrative official shall review the critical habitat management plan. The final development plan shall comply with directives of the federal, state or local agencies having jurisdiction, and the most restrictive shall apply.

(c)

Incentives for conservation easements. The applicant and the village may negotiate a development agreement which ensures the preservation of habitats. Where the applicant agrees to dedicate a conservation easement embracing the identified habitats, the village council may permit a transfer of density or intensity to adjacent lands under common ownership which are unencumbered by environmentally sensitive ecosystems. The village council may require payment of a fee in lieu of the above described mandatory habitat preservation. However, any payment allowed in lieu of preservation must be in sufficient amounts to purchase equally sensitive habitat of equal or greater size. Such cash payment may be used for the purchase of upland habitat preservation offsite rather than on-site. Where mitigation is applied, the program should require a minimum 2:1 ratio to enhance survivability.

(Ord. No. 2002-8, § 3, 11-13-02)

No hazardous wastes shall be stored or disposed of on wetlands or transitional Wetlands. Similarly, no hazardous wastes shall be stored or disposed of on upland buffers pursuant to these land development regulations.

(Ord. No. 2002-8, § 3, 11-13-02)

The village shall assist in regulating development for purposes of complying with policies of the South Florida Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption. Therefore, development plans shall be required to comply with the following potable water supply performance criteria:

(a)

Where nonpotable alternative sources of irrigation water are available, potable water supplies shall not be used to meet irrigation needs.

(b)

All new development shall be required to use water-saving plumbing fixtures.

(Ord. No. 2002-8, § 3, 11-13-02)

(a)

Mooring of watercraft. Watercraft shall not be moored along any shore without the consent of the riparian land owner. Watercraft shall not be used as dwellings nor shall watercraft be permitted as business offices or other related commercial enterprises. Moored watercraft shall be kept in seaworthy condition.

(b)

Maximum permitted projection of waterfront structure. Docks and similar facilities shall not be permitted without approval by the U.S. Army Corps of Engineers and/or any other agency having appropriate jurisdiction.

(Ord. No. 2002-8, § 3, 11-13-02)

(a)

Certain excavations considered as a conditional use; exceptions. Excavations below the level of any street or right-of-way shall be deemed a conditional use, shall comply with site plan procedures, and shall be the subject of a public hearing. The following type of excavations shall not require a conditional use approval but shall comply with site plan review procedures unless otherwise exempted by provisions of this Code.

1.

The foundation of a building or any structure to be constructed immediately after such excavations. All excavations shall be refilled after construction of such foundation in a manner which will prevent accumulation of stagnant water or other hazard.

2.

Swimming pools.

3.

Water hazard in a bona fide golf course.

4.

Canals which are part of the village, the county or South Florida Water Management District canal system.

5.

Reflecting ponds and water features with a maximum depth of six feet of water, so long as said amenities are completely lined with impervious material; a horizontal five-foot safety shelf is provided around the perimeter of the reflecting pond or water feature at an elevation where not more than 18 inches of water is provided on the shelf area; and backsloping or a perimeter berm is provided to prevent overland storm water runoff from entering the water body.

(b)

Additional requirements for approval and/or continuance of the project. The site plan shall comply with all requirements for site plan approval and conditional use approval. In addition, the following requirements shall be met. For the purposes of this division, D.C.F.C. shall be defined as the county flood control elevation and W.C.2.4 shall be defined as "water control," page 2.4 in the public works manual of the county, which includes a detailed drawing of the mean low water elevation points throughout the county.

1.

Elevations and restoration plan. The grading, leveling, sloping of the banks and perimeter restoration shall be on a progressive basis as the project develops and the excavation progresses. In accordance with this requirement, the applicant will submit final as-built surveys prepared and sealed by a state-licensed surveyor and/or professional engineer upon completion of the excavation, or upon request of the administrative official when it appears that the excavation is proceeding contrary to approved plans.

2.

Field markings posted. The property shall be staked and posted to meet with the approval of the administrative official; said stakes shall be maintained in proper position so that the limits of excavation, slopes and grade levels may be easily determined and posts shall warn the public concerning possible hazards.

3.

Required soil borings. Prior to site plan review, a report on soil borings taken on-site shall be submitted for review to the administrative official to determine if excavation to the requested depth may result in the displacement of layers of soft material (e.g., sand) and cause sinking of nearby properties. In addition, if hard rock is not encountered during excavation, the administrative official may require the vertical cut to be modified in such a manner that a stable side slope will be sustained.

4.

Depth of excavation. The depth of the lake excavation shall not be less than ten feet below mean low water elevation (W.C.2.4). The maximum depth of the excavation shall be limited to that depth computed to contain water of two hundred 50 (250) ppm chlorides as projected to the year 2000. Penetration of the aquiclude, as determined by the administrative official, is prohibited.

5.

Required berm. An earth berm, or alternative structure as approved by the administrative official, shall be constructed around the perimeter of all lakes to prevent overland storm water runoff from entering the lake. The berm shall be constructed adjacent to the lake top of slope on the landward side. Said berm shall extend one foot above the D.C.F.C. elevation. The landward slope of the berm shall have a gradient not steeper than one foot vertical to four feet horizontal. The lakeward slope shall not be steeper than the required lake slope. Berming and backsloping treatments shall be constructed in a manner acceptable to the administrative official.

6.

Slope. The maximum permissible slope shall be in one of the following manners:

a.

Lakes adjacent to arterial roadways (slope option available in every case). Beginning at top of slope (D.C.F.C. elevation), a slope dropping one foot vertical to seven feet horizontal extending lakeward to a point where five feet of water depth is provided below the mean low water elevation (W.C.2.4.); thence begin deep cut with a slope as material permits. A twenty-foot minimum offset, measured from lake top of slope to the established right-of-way, shall be provided when the lake is adjacent to an arterial roadway. The offset and berm may be deleted where curb and gutter roadway is provided. Where the water area lies outside of a horizontal roadway curve, the necessary shoulder safety requirements shall be provided in accordance with the requirements of the public works manual). Drainage structures, other than approved outfall pipes, are not permitted within the lake slope area.

b.

Lakes adjacent to roadways other than arterial roadways. The slope option identified above is available as well as the following alternative option: Beginning at top of slope (D.C.F.C. elevation), a slope dropping one foot vertical to four feet horizontal shall be provided extending lakeward to a point where three feet of water depth is provided below the mean low water elevation (W.C.2.4.), followed by an eight-foot horizontal shelf; thence begin a deep cut with a slope as material permits. The berm may be deleted where a curb and gutter roadway is provided. Where the water area lies outside of a horizontal roadway curve, the necessary shoulder safety requirements shall be provided in accordance with best management practices.

c.

Lakes with common or public access to the lake shore and not adjacent to roadways. The slope options identified above are available as well as the following third option: Beginning at top of slope (D.C.F.C. elevation), a slope dropping one foot vertical to three feet horizontal with slope protection as required by the administrative official shall be provided extending lakeward to a point where three feet of water depth is provided below the mean low water elevation (W.C.2.4.) followed by a five-foot horizontal shelf; thence, begin a deep cut with a slope as material permits.

d.

Lake(s) without common or public access to the lake shore and not adjacent to roadways. The slope options identified above are available as well as the following fourth option: Beginning at top of slope (D.C.F.C. elevation), a slope dropping one foot vertical to one foot horizontal with slope protection as required by the administrative official shall be provided extending lakeward to a point where three feet of water depth is provided below the mean low water elevation (W.C.2.4.) followed by a five-foot horizontal shelf; thence, begin a deep cut with a slope as material permits.

7.

Drainage improvements; retention of pollutants. No positive drainage of storm water from roads or any other source will be allowed to enter the excavation except as the result of issuance of a class II permit by the administrative official. Retention of pollutants is one criterion for issuance of a class II permit.

8.

Connections to drainage canals restricted. There shall be no direct connection between a lake excavation and a drainage canal. A system to permit overflows from lakes to canals for flood control purposes is allowable.

9.

Impact on wellfields regulated. No portion of the proposed lake excavation area shall fall within the thirty-day cone of influence of any public water supply wellfield as defined in section 24-12.1, Miami-Dade County Code of Ordinances. Between the 30- and 210-day cones of influence of any public water supply wellfield, lake excavations will be permitted to a maximum water depth of 40 feet below mean low water elevation (W.C.2.4.).

10.

Dedication and improvement of rights-of-way. Any required dedication of rights-of-way shall be made in accordance with adopted standards for public road rights-of-way, unless the village council deems such are not necessary or requires a lesser amount. Improvements shall be made to such rights-of-way in order to comply with best management practices for road construction, including construction of such improvements deemed desirable and necessary by the village council.

11.

Dry open space. In all zoning districts that have open space requirements, development plans submitted for review and approval which contain a lake shall have at least 30 percent of the dry land open space requirements satisfied on land immediately adjacent to the lake(s) perimeter.

12.

Restoration subject to village approval. Upon completion of the project, the property shall be restored and left in an acceptable condition meeting the approval of the administrative official.

13.

Fencing of hazardous areas. If in the opinion of the administrative official the excavation is hazardous to the surrounding area, the hazardous area will be fenced in, or otherwise protected, by the applicant as directed by the administrative official.

14.

Explosives prohibited. During the entire operation explosives shall not be used.

15.

Hours of operation. The applicant shall be permitted to operate between the hours of 7:00 a.m. and 5:00 p.m. on weekdays; Saturday and Sunday operation and/or other hours of operation than 7:00 a.m. to 5:00 p.m., may be permitted by the administrative official only if the same does not become objectionable, in official's opinion, to the surrounding area.

16.

Required cash or surety bond. To insure compliance with all conditions imposed, a cash or surety bond or substantially equivalent instrument approved by the administrative official shall be posted and made payable to the village, in an amount to be determined by the administrative official. Said instrument shall be in such form that the same may be recorded in the public records of the county and said instrument shall be executed by the property owner and any and all parties who may have an interest in the land, including mortgagees and others an interest. The bond amount will be based on the volume of cut required to execute the approved plan.

17.

Timing of completion. The time for the completion of the project including excavation, grading, and all related activities shall be determined by the administrative official and the work shall be carried on continuously and expeditiously so that the excavation will be completed within the allocated time.

18.

Discontinuance or abandonment. If the operation is discontinued, abandoned, falls behind schedule, or time expires, the existing excavation shall immediately be sloped to conform to the approved slope.

19.

Transfer of property restricted. The title of the property in question shall not be transferred without the approval of the administrative official unless the excavation of the subject property has been completed and/or unless the bond has been released.

20.

Renewal and cancellation. The approval of excavation activities shall be renewable annually by the administrative official. Permits will be canceled only when the work is found to be in violation of any of the conditions or requirements of this division and/or when it is detrimental and/or incompatible with the surrounding neighborhood.

21.

Fill. Soil, dirt, rock or other materials used to change the elevation or topography of a site or to fill a hole or depression shall be inspected and approved by the village prior to application on site.

(c)

Maintenance of natural grade and elevation. Development and construction in the Village of Pinecrest shall be designed and constructed with an elevation and grading that are consistent with the requirements of the Village's Floodplain Management Ordinance, Stormwater Management Plan, and Comprehensive Development Master Plan. The established natural elevation and grade of a property under construction shall be fundamentally preserved and the finished grade and elevation shall be consistent and compatible with the grade and elevation of adjoining properties.

(d)

Fill waterward of the top of slope of any lake or waterway or alteration of an established shoreline in the Village of Pinecrest shall not be permitted unless approved as a conditional use.

(Ord. No. 2002-8, § 3, 11-13-02; Ord. No. 2014-02, § 2, 4-8-14; Ord. No. 20185, § 2(Exh. A), 5-8-18)

(a)

Applicability. This division shall govern the placement of accessory improvements and landscaping, which are hereby deemed not to modify the established slope of privately owned artificial lakes. This division shall not apply to the placement of accessory improvements landward of the top of the slope of such artificial lakes, which structures are permitted as accessory uses under other sections of this Code.

(b)

Terms. As used in this division, "privately owned artificial lake" shall mean only a privately owned artificial lake not connected to any jurisdictional wetlands or to any other surface water body; and "water's edge" shall be defined as the average low ground water elevation.

(c)

Improvements and landscaping waterward of slope. The placement of the following accessory improvements and landscaping shall be permitted waterward of the top of slope on a residential lot, parcel or tract, subject to the following conditions:

1.

Docks shall either be floated or be placed on pilings at right angles to the shoreline, except as otherwise provided herein.

2.

All docks on a single lot, parcel or tract collectively shall not exceed 30 percent of the subject lot's width as measured at the top of the slope per county flood criteria (D.C.F.C.) elevation; provided, however, a dock that is placed parallel to the lot and that does not extend more than six feet beyond the water's edge may be built to the side setback lines.

3.

No dock shall project further into the artificial lake more than one-half the length of the lot's shoreline frontage as measured at the water's edge, or 20 percent of the lake width at its widest point, whichever is smaller. In no event shall a dock exceed 50 feet in length. For purposes of this division, the length shall be the perpendicular dimension measured from the water's edge to the farthest point of the dock extending into the lake.

4.

In no event shall a dock be placed closer than 100 feet to the opposite shore's top of slope (D.C.F.C. elevation).

5.

A dock or a deck not exceeding 18 inches above D.C.F.C. elevation may be placed with a zero foot side setback. A dock or a deck exceeding 18 inches above D.C.F.C. elevation shall conform to accessory building side setback requirements.

6.

Only one dock shall be permitted for each principal building on the subject lot, parcel or tract.

7.

Rocks and landscaping water-ward of the top of slope but landward of the water's edge are allowed.

8.

Rip-rap and interlocking block waterward of the top of slope and extending to a point one foot below the water's edge are allowed.

9.

Open sided structures shall be permitted waterward of the top of slope but landward of the water's edge, subject to compliance with accessory building setback and lot coverage requirements of the district in which the structure is located; provided, however, the rear setback requirement shall be zero feet. In no event shall an open sided structure that is placed waterward of the top of slope exceed 15 feet in height nor shall it exceed 225 square feet in area. Only one such open sided structure shall be permitted for each principal building on the subject lot, parcel or tract. Open sided structures other than railings on docks and decks shall not be permitted, unless approved as a variance at a public hearing.

10.

Steps and decks on pilings or on similar spatially separated upright supports shall be permitted waterward of the top of slope and landward of the water's edge.

11.

Boat ramps shall be permitted providing no filling of the slope area occurs.

12.

Filling waterward of the top of slope shall be prohibited.

13.

Structures other than those listed above are prohibited from placement within the area waterward of the top of slope.

(Ord. No. 2002-8, § 3, 11-13-02)

(a)

Purpose and intent. The purpose is to establish goals, programs and procedures that will help the village become a more sustainable community. This program shall establish new environmental goals for the village, define a certification-based sustainable building program with incentives, and define new measurement parameters and reporting criteria to track the village's performance toward its environmental goals. This program will promote economic and environmental health in the village, through the design, construction, operation, and deconstruction of its own facilities and provide leadership to both the private and public sectors in the arena of sustainable building and development practices and resource efficiency. Specific practices are outlined below.

(1)

Promote a sustainable future that meets today's needs of a stable, diverse and equitable economy without compromising the ability of future generations to meet their needs by:

a.

Protecting the quality of the air, water, land, and other natural resources;

b.

Conserving native vegetation, wildlife and habitat;

c.

Minimizing human impacts on local ecosystems and ecosystems worldwide; and

d.

Reducing greenhouse gas emissions.

(2)

Become a leader in setting policies and practicing service delivery innovations that promote environmental sustainability.

(3)

Create a sustainable community by delivering renewable energy and energy-efficient projects, developing green buildings and water-thrifty landscapes, resource education, and utilizing recycling and environmentally sound solid-waste services.

(4)

Establish a sustainable building program to:

a.

Improve the economic and environmental health of the village through measurable objectives;

b.

Track and analyze key indices to measure performance in village buildings and facilities;

c.

Commit the village to achieve green designations in a fiscally responsible manner;

d.

Provide incentives for voluntary compliance;

e.

Provide green building educational opportunities for the community; and

f.

Assist the village in meeting its overall goal of reducing emissions, energy needs, and water consumption.

(b)

Government leadership.

(1)

To demonstrate the village's commitment to a sustainable building program, the village shall:

a.

Strive to achieve a Gold Level FGBC Local Government designation. For any building or office project undertaken by the village, the village will participate in the sustainable building program; and

b.

Track and report the village's monthly water and energy use; and

c.

Publish an annual report that outlines the Village of Pinecrest's energy and water use for the prior year and outlines methodologies for potential reductions in the subsequent year.

(2)

The village recognizes USGBC, FGBC, and Energy Star as the official standards for the village, and it shall be the policy of the village to finance, plan, design, construct, manage, renovate and maintain its facilities and buildings to be sustainable. It is the village's intent that all buildings constructed meet criteria standards of USGBC LEED, Florida Green Building Coalition Green Building certification, Energy Star, or similar state or nationally recognized program certification standards.

(c)

Applicability.

(1)

For all private construction projects, compliance with this Code is voluntary.

(2)

For all new buildings constructed and owned by the village, and for all modifications to existing village-owned buildings where the total renovation includes more than 50 percent of the total building square footage, the village is expected to design and construct buildings and modifications in accordance with the criteria and standards of USGBC LEED, Florida Green Building Coalition Green Building certification, Energy Star, or similar state or nationally recognized program certification standards unless the costs associated with participation significantly outweigh the benefits of participation.

(d)

Definitions.

(1)

For purposes of this chapter, the following terms, words and phrases shall have the following meanings:

Energy Star means the U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) Energy Star labeling program.

FGBC is an acronym for the Florida Green Building Coalition, Inc., a non-profit corporation, whose mission is to establish and maintain a Florida system of statewide green building standards and third party certification programs with environmental and economic benefits.

GBI is an acronym for the Green Building Initiative, a non-profit organization whose mission is to accelerate the adoption of building practices that result in energy efficient, healthier, and environmentally sustainable buildings by promoting credible and practical green building approaches for residential and commercial construction.

GBI's Green Globes means the Green Building Initiative's Green Globes rating system.

LEED means the Leadership in Energy and Environmental Design Rating System of the U.S. Green Building Council.

Sustainable building means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems, and materials. Sustainable building also means an office, residential or village structure which has obtained sustainable building certification.

Sustainable building certification means the final designation awarded to a program participant for a particular project for satisfying all requirements associated with LEED certification, GBI's Green Globes rating system, Energy Star, or FGBC's standards.

USGBC is an acronym for the U.S. Green Building Council, a non-profit organization whose mission is to transform the way buildings and communities are designed, built and operated, enabling an environmentally and socially responsible, healthy and prosperous environment that improves the quality of life.

(e)

Administration.

(1)

The building and planning department is responsible to ensure compliance with applicable requirements of this Code in the construction of new village-owned buildings, when participation in the sustainable building program is authorized by the village manager.

(2)

The building and planning department shall coordinate at least two training workshops per year for the purpose of educating village staff in the provisions and requirements of the Pinecrest Sustainable Building Program, and shall provide information and outreach to residents, businesses, and contractors through newsletters, brochures and other community outreach efforts.

(3)

The building and planning department shall make available fast track development review pursuant to the requirements of the sustainable building program.

(4)

The sustainable building program shall be administered on either a per-unit or per-development basis, as specified at the time of permitting. "Per-unit" means each unit built, except that any multi-family dwelling or similarly clustered structure may count as one unit. "Per-development" means each planned development, subdivision, or business park.

(f)

Environmental sustainability account. The village shall establish and maintain an environmental sustainability account. The account may be utilized as a source for training, awards, and other direct costs associated with administration of the sustainable building program, subject to availability of funds and appropriation by the village council.

(g)

Standards. Published LEED standards of the USGBC, FGBC green building standards, GBI's Green Globes rating system, Energy Star standards, or similar state or nationally recognized program certification standards shall be used to measure compliance of buildings participating in the sustainable building program.

(h)

Incentives. The incentives contained in this section are intended to encourage the construction of sustainable buildings. For any program participant seeking sustainable building certification for new residential or commercial construction, residential or commercial retrofitting/remodeling, or new village-owned buildings, the following incentives shall be made available:

(1)

Expedited permitting and fast track development review.

a.

Development services for sustainable building program projects, including review of site plans and review of applications for building permits, shall be given priority over review of applications for projects that are not sustainable building program projects by all village departments reviewing such applications. Building permit applications for green buildings shall be accompanied by the appropriate sustainable building permit program application form.

b.

Applications for subdivision plat approval shall be given priority over other applications provided the developer records in the public records of Miami-Dade County covenants or other restrictions sufficient to require that the development meets the certification criteria as an FGBC Green Development or all homes in the subdivision will be constructed so as to qualify for sustainable building certification.

c.

Applicants who obtain priority status pursuant to this Code shall provide proof of sustainable building certification, or preliminary sustainable building certification, to the building and planning department within 120 days of construction completion, as defined by the certificate of occupancy or certificate of use issue date. Application forms for sustainable building certification and agreements with property owners or developers seeking priority status may provide that property owners or developers who obtain priority status but fail to obtain sustainable building certification may be denied future priority status by the village manager.

d.

Applicants for building permits who wish to receive expedited permitting and fast track development review for buildings that are not eligible for sustainable building certification may receive expedited permitting and fast track review upon payment of permit fees in the amount of 125 percent of regular permit fees as adopted by village council by resolution.

(2)

Rebate of permit fees. Building permit and plan review fees shall be rebated upon certification of sustainable building program projects, including one- and two-family residential projects, and remodeling projects that meet the certification requirements of USGBC, FGBC, GBI's Green Globes, or Energy Star. Proof and verification of certification shall be required as a condition of the rebate of fees by the village and shall be submitted to the village within 120 days of issuance of a certificate of occupancy or certificate of use to be eligible. Rebates shall be provided pursuant to the following schedule:

a.

A rebate of thirty (30) percent of paid permit and plan review fees for FGBC "Gold," USGBC "Platinum," or four (4) Green Globes certification;

b.

A rebate of twenty-five (25) percent of paid permit and plan review fees for FGBC "Silver," USGBC "Gold," or three (3) Green Globes certification;

c.

A rebate of twenty (20) percent of paid permit and plan review fees for FGBC "Bronze," USGBC "Silver," or two (2) Green Globes certification; and

d.

A rebate of fifteen (15) percent of paid permit and plan review fees for FGBC "Certified," USGBC "Certified," Energy Star "Certified," "Certified" remodel, or one (1) Green Globe certification.

(3)

Green building award. For the purpose of publicly recognizing outstanding commitment to "green building and construction practices" the sustainable building program shall provide for an award of a framed village proclamation to be awarded annually to each program participant receiving a recognized certification.

(4)

Recognition. The village shall coordinate a program of recognition, on the village web site or through other additional means, identifying participating sustainable building projects.

(5)

Signage.

a.

A builder may install one additional temporary construction sign, not to exceed twenty-four (24) square feet in area that notes: "This project is a Village of Pinecrest Green Certified Project by (Company Name)" and/or "Certified Florida Yards & Neighborhoods."

b.

A developer of a commercial project may add the notation, "Village of Pinecrest Green Certified Project" in four-inch letters on permitted project entry and identification signs.

(Ord. No. 2011-5, § 2, 6-14-11)

(a)

Applicability. All new development, including construction of single-family residences on existing platted lots, and any redevelopment where such redevelopment equals or exceeds 50 percent of the existing value of on-site improvements or where 50 percent or more of the existing floor area is remodeled, shall comply with the minimum storm water management standards designed to meet minimum water quality and water quantity performance criteria. The requirements of this division shall not apply to single-family residential lots within an existing or approved platted subdivision which includes permitted central or common stormwater management facilities, if the common facilities have sufficient available capacity to accommodate the water quality and quantity criteria of this division at the time of application for a building permit.

(b)

Criteria. One of the following two alternatives can be implemented to comply with the minimum storm water management standards to meet the minimum water quality and water quantity performance criteria.

(1)

Alternative 1:

a.

Water quality standard: Storm water facilities shall be designed to meet the design and performance standards established in chapters 62-4 and 62-302 of the Florida Administrative Code, for treatment of the storm water runoff, the first inch of runoff shall be retained on-site to meet the water quality standards required by ch. 62-302, paragraph 62-302.500 of the Florida Administrative Code.

b.

Water quantity standard: Post-development runoff shall not exceed the pre-development runoff rate for a 25-year, 24-hour storm event.

c.

Runoff from the aforementioned water quality and quantity standards shall be retained onsite by surface or sub-surface means such as exfiltration trenches, which must be designed with a minimum safety factor of two and maintained by the property owner as outlined in this section. Excess runoff must be directed to public right-of-ways in lieu of adjacent properties, when feasible.

d.

Retained stormwater within the property shall be infiltrated, evaporated or exfiltrated within 72 hours.

(2)

Alternative 2:

a.

Water quality standard: Storm water facilities shall be designed to meet the design and performance standards established chapters 62-4 and 62-302 of the Florida Administrative Code, for treatment of the storm water runoff, the first half-inch of runoff shall be retained onsite to meet the water quality standards required by Ch. 62-302, paragraph 62-302.500 of the Florida Administrative Code.

b.

Water quantity standard: Post-development runoff shall not exceed the pre-development runoff rate for a 25-year, 24-hour storm event.

c.

Runoff from the aforementioned water quantity standard, less the first half-inch of runoff to be retained onsite to meet the water quality standards, shall be directed to public right-of-ways when feasible. The water quantity standard runoff, less the half-inch of runoff to be retained onsite, must be retained within the village right-of-way adjacent to the property by sub-surface means such as exfiltration trenches. In addition, the runoff from the five-year, 24-hour design storm event for the area fronting the property to the centerline of the adjacent roadway must also be retained. The following criteria shall apply to the proposed drainage system:

i.

Exfiltration trench must meet the following requirements:

1.

Located within the roadway travel lane when possible.

2.

Sized to include a minimum factor of safety of 2.0.

3.

Must be a minimum of 40 feet long with two manholes for maintenance.

4.

Manholes must provide a minimum of a two-foot sump.

5.

Baffles shall be installed at all entrance points to the exfiltration trench.

ii.

Entire road must be resurfaced in front of the property.

iii.

Village will maintain the drainage system within the village's right-of-way, and property owner shall pay an increased impact fee to cover the village's annual cost of maintaining the exfiltration trench in the future over a 15-year period.

d.

Retained stormwater within the property and village right-of-way for the area fronting the property to the centerline of the adjacent roadway shall be infiltrated, evaporated or exfiltrated within 72 hours.

(c)

Submittal requirements. Applications for building permits for new construction or remodeling shall include sufficient information to confirm compliance of the proposed development with the village's stormwater management criteria. The following minimum information shall be submitted:

(1)

Two sets of scaled grading and drainage plans signed and sealed by a professional engineer registered in the state in accordance with F.S. ch. 471, showing pre- and post-improvement conditions including:

a.

Existing contours in intervals with spot elevations not exceeding one foot.

b.

Existing drainage features such as pipes, inlets, etc. with elevations.

c.

Proposed improvements such as buildings, parking areas, pools, detention systems, control structures, etc.

d.

Detail of proposed grading with spot elevations or proposed contours. Contour information shall be sufficient to clearly define the portion of the watershed which drains through the property.

e.

Storm water retention or detention facilities and storage capacities of such facilities, if any.

f.

A location map with sufficient information to locate the project; i.e., adjoining streets, section, range and township, etc.

(2)

Two copies of originally signed and sealed computations by a professional engineer registered in the state in accordance with F.S. ch. 471. The design must include references to and methodologies used to determine the storage volumes and control structures sizes. This section will constitute the "Drainage Report" and will follow the village storm water management drainage calculations procedure outlined in the following sections.

(3)

A minimum of one copy of percolation test results signed and sealed by a professional engineer registered in the state in accordance with F.S. ch. 471, representing the Geotechnical Lab Company which performed the test. Percolation tests shall be performed in accordance with the Florida Department of Transportation (FDOT) open-hole fixed head percolation test. Depth of test hole to match depth of the exfiltration trench. The recommended depths of the test shall be ten and 15 feet. Also, a minimum of one double-ring infiltration test to establish correct coefficient of infiltration for pervious areas will be required. If fill is proposed for the site, the infiltration test shall be representative of the fill material proposed.

(4)

For exfiltration system design, the plans and computations shall include the following:

a.

Top of exfiltration trench elevation.

b.

Bottom of exfiltration trench elevation, according to the percolation test(s) depth.

c.

Design groundwater table elevation - average October elevation as defined by Miami-Dade County Department of Regulatory and Economic Resources (DRER).

d.

Diameter of perforated pipe and invert elevation, not less than 18 inches in diameter to facilitate maintenance.

e.

Back of sidewalk elevation (if applicable).

f.

Length of exfiltration trench pipe (feet) (minimum length, 40 feet, with two inlets).

g.

Inlets discharging to exfiltration trenches shall have baffles or skimmers to prevent oil and floatable debris from entering the exfiltration trench.

h.

Inlets shall have a minimum two-foot sump from the lowest pipe invert elevation.

i.

Storage volume of exfiltration trench (acre-feet per foot length).

j.

Proposed inlet elevation.

k.

Percolation (exfiltration rate in cubic-feet per second per foot of head) per foot length of trench at various stages above average October groundwater elevation as defined by DRER.

l.

Width, depth and shape of trench (provide cross-section with elevations and pipe size).

m.

Materials including rock, filter fabric and perforated pipe conforming to DRER standards.

n.

Trench length calculations using DRER formulas demonstrating that the proposed trench length will adequately exfiltrate the required volume of runoff.

o.

Average percent slope of paved area(s).

p.

Drawdown calculations to exfiltrate required retention volume.

(5)

For infiltration retention/detention system design, the plans and computations shall include the following:

a.

Bottom of infiltration areas shall be a minimum of one foot above the design groundwater elevations-average October groundwater elevation as defined by DRER.

b.

Storage volume of infiltration system (acre-feet)

c.

Infiltration test (infiltration in inches per hour) representative of the depth and material to be used for the infiltration system. Minimum safety factor of two shall be applied to the infiltration rate.

d.

Drawdown calculations showing that the retained runoff will be infiltrated or evaporated within 72 hours.

(6)

Materials.

a.

Any and all fill material proposed in pervious areas will maintain the same drainage characteristics, at a minimum, as the in situ soil.

b.

Any consideration for the use of porous or pervious paving materials must be accompanied by a cut sheet from the manufacturer to substantiate the consideration.

(7)

Drainage calculations procedure.

a.

Provide the following parameters as defined below:

•

A, s.f., total contributing area

•

A _i , s.f., impervious area

•

A _p , s.f., pervious area

•

H _WT , ft., elevation of water table from county maps

•

EL _AP , ft., average pervious area elevation

•

D _WT , ft., depth of high ground water from surface

•

CWS, in., compacted water storage

•

SSC, in., soil storage capacity

•

R, in., runoff depth

•

P, in., rainfall depth (25yr/24hr storm, SFWMD) (9.5 inches)

•

V _TOT , c.f., total runoff volume to be retained

•

V _{P ET} , c.f., volume provided by exfiltration trench

•

V _{P SWALE} , c.f., volume provided by swales, ditches, retentions areas, etc.

b.

Calculation approach:

1.

Calculate soil storage (SSC) based on D _WT and SFWMD Applicants Handbook Volume II.

2.

Calculate pre-development runoff using NRCS runoff equation, (National Engineering Handbook, Part 630 Hydrology, Chapter 10).

3.

Calculate post-development runoff using NRCS runoff equation.

4.

Calculate water quality volume requirements, per land development regulation, division 6.15, section (b) criteria.

5.

Determine and state the "design control volume" to be retained.

6.

Calculate exfiltration trench (if used, use DRER formulas with minimum FS=2).

7.

Calculate retention areas (show method of volume calculation).

8.

Provide drawdown calculations.

9.

Summarize design calculations and proposed solution(s).

(d)

Inspections and recertification requirements. Prior to issuance of a certificate of occupancy by the village, the following items shall be submitted to the village for review and approval:

(1)

As-built survey with spot elevations including a spot elevation every 25 feet at the property line adjacent to all sides of the property and extending 25 feet into adjacent properties.

(2)

One copy of the approved grading plan.

(3)

A signed and sealed letter from a civil engineer confirming that the proposed improvements have been constructed as per the approved grading plan and that it is in compliance with the village's storm water management criteria.

(4)

A signed letter from the property owner stating all drainage improvements will be properly maintained in perpetuity and granting the village the right to inspect the drainage system.

(Ord. No. 2014-02, § 2, 4-8-14; Ord. No. 2015-8, § 2, 9-8-15)

(a)

Purpose and intent. The purpose of this division is to provide for the health, safety, and general welfare of the citizens of the Village of Pinecrest through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This division establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this division are:

1.

To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;

2.

To prohibit illicit connections and discharges to the municipal separate storm sewer system; and

3.

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this division.

(b)

Definitions. For the purposes of this division, the following shall mean:

Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

Construction activity. Construction projects resulting in a land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

Hazardous materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illegal discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in subsection 6.16(g) of this division.

Illicit connections. An illicit connection is defined as either of the following:

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an administrative official; or

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an administrative official.

Industrial activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable on an individual, group, or general area-wide basis.

Non-storm water discharge. Any discharge to the stormwater drainage system that is not composed entirely of storm water.

Person. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Storm drainage system. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

Storm water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Storm Water Pollution Prevention Plan. A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable.

Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

(c)

Applicability. This division shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an administrative official.

(d)

Responsibility for administration. The administrative official shall administer, implement, and enforce the provisions of this division.

(e)

Ultimate responsibility. The standards set forth herein and promulgated pursuant to this division are minimum standards; therefore this division does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(f)

Discharge prohibitions.

1.

Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as follows:

(a)

Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing pollutants;

(b)

Discharges specified in writing by the administrative official as being necessary to protect public health and safety;

(c)

Dye testing is an allowable discharge, but requires a verbal notification to the administrative official prior to the time of the test; and

(d)

The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

2.

Prohibition of illicit connections. The following connections shall be prohibited:

(a)

The construction, use, maintenance, or continued existence of illicit connections to the storm drain system;

(b)

Illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection; and

(c)

Any person connecting a line conveying sewage to the MS4 or that allows such a connection to continue.

(g)

Suspension of MS4 access.

1.

Suspension due to illicit discharges in emergency situations. The administrative official may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the administrative official may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons.

2.

Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this division may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The administrative official will notify a violator of the proposed termination of its MS4 access. The violator may petition the administrative official for a reconsideration and hearing.

3.

Reinstatement without approval prohibited. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this division, without the prior approval of the administrative official.

(h)

Industrial or construction activity discharges.

1.

Proof of compliance. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the administrative official prior to the allowing of discharges to the MS4.

(i)

Monitoring of discharges.

1.

Applicability. This division applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.

2.

Access to facilities.

a.

The administrative official shall be permitted to enter and inspect facilities subject to regulation under this division as often as may be necessary to determine compliance with this division. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the administrative official.

b.

Facility operators shall allow the administrative official ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

c.

Monitoring and sampling. The administrative official shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the administrative official to conduct monitoring and/or sampling of the facility's storm water discharge.

d.

Monitoring equipment. The administrative official has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

e.

Obstructions. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the administrative official and shall not be replaced. The costs of clearing such access shall be borne by the operator.

f.

Unreasonable delay. Unreasonable delays in allowing the administrative official access to a permitted facility is a violation of a storm water discharge permit and of this division. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the administrative official reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this division.

g.

Warrant. If the administrative official has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this division or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the administrative official may seek issuance of a search warrant from any court of competent jurisdiction.

(j)

Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices.

1.

Best management practices. The administrative official will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the state. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this division. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

(k)

Watercourse protection.

1.

Maintenance. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(l)

Notification of spills.

1.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the administrative official in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the administrative official within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(m)

Enforcement.

1.

Notice of violation. Whenever the administrative official finds that a person has violated a prohibition or failed to meet a requirement of this division, the administrative official may initiate action to require compliance consistent with the requirements and procedures of article V, "Code Compliance," of chapter 2 of the Village's Code of Ordinances including issuance of a civil citation or written notice of violation and notice to appear before the special magistrate to the responsible person. Such notice may require, without limitation:

(a)

The performance of monitoring, analyses, and reporting;

(b)

The elimination of illicit connections or discharges;

(c)

That violating discharges, practices, or operations shall cease and desist;

(d)

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

(e)

Payment of a fine to cover administrative and remediation costs; and/or

(f)

The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the Village of Pinecrest or its designated and the expense thereof shall be charged to the violator.

(n)

Appeal of civil violation notice or notice of violation and notice to appear.

1.

Any person receiving a civil violation notice may appeal the determination to the special magistrate in accordance with the requirements and procedures of article V, "Code Compliance," of chapter 2 of the Village's Code of Ordinances. A Special Magistrate's Order may be appealed in accordance with the requirements and procedures of article V, "Code Compliance," of chapter 2 of the Village's Code of Ordinances.

(o)

Enforcement measures after appeal.

1.

If the violation has not been corrected pursuant to the requirements set forth in the civil violation notice or notice of violation and notice to appear or, in the event of an appeal, within 30 days of the decision of the Miami-Dade County Court upholding the decision of the Special Magistrate, then the Village of Pinecrest shall be authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the village or its designated contractor to enter upon the premises for the purposes set forth above.

(p)

Cost of abatement of the violation.

1.

Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written objection to the amount of the assessment within 30 days of the notification and the objection shall be scheduled for consideration by the village council. If the amount due is not paid within a timely manner as determined by the decision of the village council, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(q)

Injunctive relief.

1.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this division. If a person has violated or continues to violate the provisions of this division, the administrative official may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(r)

Compensatory action.

1.

In lieu of enforcement proceedings, penalties, and remedies authorized by this division, the administrative official may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

(s)

Violations deemed a public nuisance.

1.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this division is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(t)

Criminal prosecution.

1.

Any person that has violated or continues to violate this division shall be liable to criminal prosecution to the fullest extent of the law.

2.

The administrative official may recover all attorney's fees court costs and other expenses associated with enforcement of this division, including sampling and monitoring expenses.

(u)

Remedies not exclusive.

1.

The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the administrative official to seek cumulative remedies.

(Ord. No. 2023-4, § 2, 2-14-23)