90-85.1 Purpose and intent. The general purposes of this section are as follows:

(1)

To encourage the establishment of a functional landscape and improve the aesthetic quality, thereby promoting the health and general welfare of its citizenry in the Town of Surfside;

(2)

To create and enhance the aesthetic subtropical character and identity distinctiveness of the Town of Surfside;

(3)

To design landscaping to enhance architectural features, relate structure design to the site, visually screen sites and unsightly views, reduce noise impacts from major roadways and incompatible uses, strengthen important vistas and reinforce neighboring site design and architecture,

(4)

To prevent the expansion of the listed pest plant species by prohibiting the use of noxious exotic plants which invade native plant communities;

(5)

To promote the use of more wind tolerant trees and proper horticultural planting methods in order to maintain a more sustainable landscape;

(6)

To promote Florida Friendly principles through the use of drought-tolerant landscape species, grouping of plant material by water requirements, right plant in the right place, appropriate fertilization, the use of irrigation systems that conserve the use of potable and non-potable water supplies, mulching and restrictions on the amount of lawn areas;

(7)

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

(8)

To prevent the destruction of the town's existing tree canopy and promote its expansion to be valued and preserved for present and future generations;

(9)

To provide for the preservation of existing natural plant communities and re-establish native habitat where appropriate, and encourage the appropriate use of native plant and salt tolerant plant material in the landscape and where applicable, encourage appropriate wildlife habitat areas;

(10)

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

(11)

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

(12)

To improve the aesthetic appearance of the town through the use of plant material, thereby protecting and increasing property values within the community;

(13)

To promote the concept of planting the right tree or plant in the right place to avoid problems such as clogged sewers, cracked sidewalk and power services interruptions;

(14)

To provide the physical benefits of using plant material as a function and integral part of the Town of Surfside's development;

(15)

To provide minimum standards for landscaping new developments or for redevelopment;

(16)

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

a.

The preservation of existing plant communities pursuant to the requirements of the Miami-Dade's Tree Preservation and Protection Ordinance;

b.

The reestablishment of native plant communities;

c.

The use of site-specific plant materials; and

d.

The implementation of Florida Friendly principles as identified in Florida-Friendly Landscaping-Guide to Plant Selection & Landscape Design as amended, and as provided by law.

90-85.2 Definitions.

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

Applicant means the owner or the authorized agent of the subject property.

Application or apply means the actual physical deposition of fertilizer to turf or landscape plants.

Applicator means any person who applies fertilizer on turf and/or landscape plants.

Approved test means a soil test from the University of Florida, government, or other commercial licensed laboratory that regularly performs soil testing and recommendations.

Automatic controller means a mechanical or electronic device, capable of automated operation of valve stations to set the time, duration and frequency of a water application.

Berm means a linear earthen mound measured from the crown of the road or abutting finish floor elevation and has a maximum slope of three to one. The berm shall consist of clean fill composed of planting soil.

Best management practices (BMP's) means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practical site-specific means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources.

Buffer, perimeter landscape means an area of flat a grade or bermed land which is set aside along the perimeters of a parcel of land in which landscaping is required to provide an aesthetic transition between adjacent plots to eliminate or reduce the adverse environmental impact, and incompatible land use impacts.

Canopy means the upper portion of a tree consisting of limbs, branches and leaves.

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

Clear wood ("gray wood") means the portion of the palm trunk which is mature hardwood measured from the top of the root ball to the base of green terminal growth or fronds.

Code enforcement officer, official, or inspector means any designated employee or agent of the Town of Surfside whose duty is to enforce codes and ordinances enacted by the Town.

Commercial applicator except as provided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicators.

CPTED means the acronym crime prevention through environmental design; design approach to reduce crime and fear of crime by creating a safe climate within a building environment.

Diameter breast height (DBH) means the diameter of the tree trunk(s) measured at 4½ feet above grade.

Disturbed land/ground means any land where the original natural vegetation has been removed, displaced, overtaken or raked.

Emitter primarily refers to devices used in microirrigation systems.

Fertilizing or fertilization means the act of applying fertilizer to turf, specialized turf or landscape plants.

Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and which promotes plant growth, controls soil acidity or alkalinity, provides other soil enrichment, or provides other corrective measures to the soil.

Florida-friendly landscape means the principles of Florida-friendly landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protections. Additional components of Florida-friendly landscape include planning and design, soil analysis, the uses of solid waste compost. practical use of turf, and proper maintenance.

Functional landscaping means the combination of living and nonliving materials that, when installed or planted, creates an ongoing system providing aesthetic and environmental enhancement to a particular site and surrounding area.

Groundcover means a dense, low-growing plant, other than turf, that, by the nature of its growth characteristics completely covers the ground and does not usually exceed two feet in height.

Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer.

Hedge means a dense row of evenly spaced shrubs planted to form a continuous, unbroken visual screen.

Hydrozone means a distinct grouping of plants with similar water needs and climatic requirements.

Impervious area means an area covered by a material which does not permit infiltration or percolation of water directly into the ground.

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

Irrigated landscape area means all outdoor areas that require a permanent irrigation system.

Irrigation zone means a grouping of sprinkler heads, soakers, bubblers, or microirrigation emitters operated simultaneously by the control of one valve.

Institutional applicator means any person, other than a private person applying fertilizer on their own residential property or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional applicators shall include, but shall not be limited to, owners, managers, or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites, and any residential properties maintained in condominium and/or common ownership.

Irrigation means the method of supplying plant materials with water other than by natural rainfall.

Landscape/landscaping means:

(1)

When used as a noun, this term shall mean living plant materials such as grasses, groundcover, shrubs, vines, trees or palms and nonliving durable materials commonly used in environmental design such as, but not limited to, walls or fences, aesthetic grading or mounding, but excluding pavers, paving, turf block, rocks and structures. Synthetic turf installed in accordance with the requirements of subsection 90-87(15) may be counted towards minimum landscape requirements.

(2)

When used as a verb, this term shall mean the process of installing or planting materials commonly used in landscaping or environmental design.

Mulch means organic, arsenic free, material such as wood chips, pine straw or bark placed on the soil to reduce evaporation, prevent soil erosion, control weeds and enrich the soil.

Multi-trunk trees means a tree that has a minimum of three trunks with no more than five trunks of equal diameters originating from the ground and with angles no greater than forty-five (45) degrees. ;b1; NOTE: The town can require either multi-trunk or single trunk on certain trees.

Microclimate means the climate of a specific area in the landscape that has substantially differing sun exposure, temperature, or wind, than surrounding areas or the area as a whole.

Microirrigation (low volume) means the application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Microirrigation encompasses a number of methods or concepts including drip, subsurface, bubbler, and spray irrigation, previously referred to as trickle irrigation, low volume, or low flow irrigation that deliver water directly to plant root zones with a high degree of efficiency, no runoff, and little to no evaporation.

Moisture sensing device or soil moisture sensor means a device to indicate soil moisture in the root zone for the purpose of controlling an irrigation system based on the actual needs of the plant.

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

Native plant community means a natural association of plants dominated by one or more prominent native plant species, or a characteristic physical attribute as indicated by the Town of Surfside.

Native plant species means native plant species shall be those plant species indigenous to the ecological communities of South Florida, as indicated on lists provided by Town of Surfside, or that can be scientifically documented to be native to South Florida.

Open space means all pervious areas of the site.

Overall height means The height measured from the ground to the bend of the top most branch of the tree. Overall height on palms: the measurement from the ground to the bend of the topmost frond.

Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization and/or any group of people acting as an organized entity.

Pervious areas means any portion of the ground unobstructed by a non landscape planting surface which prevents or slows down the natural seepage of water into the ground. Synthetic turf installed in accordance with the requirements of subsection 90-87(15) may be counted towards minimum pervious area requirements.

Planting soil/topsoil means a medium composed of 50 percent sand and 50 percent muck. Palm planting soils shall compose of no more than 80 percent sand and remainder soil consisting of muck. It must be clear and free of construction debris, weeds and rocks, with a pH between 6.5 and 7.

Point of connection (POC) means the location where an irrigation system is connected to a water supply.

Pop-up sprays means spray heads that pop up with water pressure and provide a continuous spray pattern throughout a given arc of operation.

Pressure tank means a pressurized holding tank for irrigation water coming from wells to minimize cycling of the water pump.

Pump cycling means irrigation pump coming on and shutting off frequently during operation of irrigation systems.

Prohibited application period means the time period during which application of fertilizer is prohibited due to the potential of run-off to negatively impact the environment, including tropical storms and hurricane warnings, or for any portion of the Town where heavy rain has been forecasted.

Rain sensor device means a low voltage electrical or mechanical component placed in the circuitry of an automatic irrigation system that is designed to turn off a sprinkler controller when precipitation has reached a pre-set quantity.

Runoff means water that is not absorbed by the soil or landscape and flows from the area.

Redevelopment means any proposed expansion, addition, or facade change to an existing building, structure, or parking facility. Redevelopment may also mean any rebuilding activity which has no net increase in built-upon area or which provides equal or greater stormwater control than the previous development. Exception to this definition, single-family dwelling redevelopment would be considered when 75 percent or greater of the existing structure is knocked down.

Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

Slow-release means nitrogen in a form which delays its availability for vegetative uptake and use after application, or which extends its availability to the vegetation longer than a reference rapid or quick release product. It includes the terms "controlled release", "timed release", "slowly available", and "water insoluble nitrogen."

Shrub means a self-supporting, woody plant full to the ground with three or more branches produced from the ground which could be maintained in a healthy state to the height indicated on the landscape plans.

Soil moisture sensor. See "Moisture sensing device".

Soil texture means the classification of soil based on the percentage of sand, silt, and clay in the soil.

Site-specific plant materials means the use of plant species selected to minimize supplemental irrigation, fertilization and pest control.

Synthetic turf means a dense and continuous surface of synthetic fibers mounted on a permeable backing and of sufficient density and green color to replicate the appearance of healthy, natural grass.

Town means the department or division of the Town of Surfside government that the town manager has designated to enforce the landscaping requirements of this section.

Tree means a self-supporting, woody perennial plant, usually with one vertical stem or main trunk, which naturally develops a distinct, elevated crown and provides, at maturity, natural characteristics of the species.

(1)

Tree, Dicotyledonous (Dicot) is a tree having a woody stem and branches and leaves with net venation and having a separate, distinct outer bark which can be peeled from the tree.

(2)

Tree, Monocotyledonous (Monocot) is a palm or a tree having fronds with parallel venation and no true woody bark with a minimum overall natural height often feet at maturity.

Tree abuse means:

(1)

Hat racking, flat-cutting the top of a tree, severing leader or leaders of a tree.

(2)

Pruning that reduces the total height or spread of a tree canopy by more than 30 percent in one year.

(3)

Cutting upon a tree which destroys its natural habit of growth.

(4)

Pruning that leaves stubs or results in a flush cut or splitting of limb ends.

(5)

Peeling or stripping of bark or the removal of bark to the extent that if a line is drawn at any height around the circumference of the tree, over one-third of the length of the line falls on portions of the tree where the bark remains.

(6)

The use of climbing spikes, nails or hooks with the exception for the purposed of total tree removal.

(7)

Pruning that does not conform to the standards set by the American National Standards Institute (ASI A300), as amended, with the exception of palm pruning which shall allow no pruning of fronds above the horizontal plane.

(8)

Using nails or other piercing devices for the purpose of attaching signage or any objects to a tree.

(9)

Girdling of trees by guying, staking, support, string trimmers, or non-removal of planting materials from the root balls.

(10)

Lawn mower string trimmer or deck damage inflicted on any portion of a tree.

(11)

Vehicular damage inflicted causing bark removal, tree leaning and/or destruction. Also, any damage and/or compaction of the roots by vehicular usage.

(12)

Structures being placed or constructed within a tree.

(13)

Utilizing any portion of a tree as a fence or similar structural support.

(14)

The use of oils, chemicals or other materials poured on the roots and/or trees. Also, the painting of trees with paint and/or other similar material.

Turf means a mat layer of living monocotyledonous grass plants such as, but not limited to, Bahia, Bermuda, Centipede, Seaside Paspalum, St Augustine, and Zoysia and their cultivars. However, this definition does not include any type of synthetic/artificial turf.

Urban landscape means pervious areas on residential, commercial, industrial, institutional, road rights-of-way or other nonagricultural lands that are planted with turf or landscape plants.

Vegetation means angiosperms, gymnosperms, ferns and mosses.

Vehicular encroachment means any protrusion of a motor vehicle outside of the boundaries of a vehicular use area into a landscape area.

Vehicular use area (VUA) means an area used for loading, circulation, access, storage, parking, or display of any type of vehicle, boat, or construction equipment whether self-propelled or not.

Vine means Any plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself on a support.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 19-1696, § 2, 6-11-19; Ord. No. 20-1709, § 2, 1-14-20; Ord. No. 23-1749, § 2, 7-11-23)

90-86.1 All buildings, structures, new developments, redevelopment and changes of use requiring a permit shall require submittal of a landscape and irrigation plan. Landscape and irrigation plans shall be prepared by a State of Florida registered Landscape architect. Landscape plans for H30A and H30B may be prepared by the owner of the property or a representative thereof, provided it meets the requirements per this Code. The use of a landscape architect is encouraged.

90-86.2 All landscape plans shall meet the following requirements:

(1)

Shall be of the same scale as the site plan, but no smaller than one inch equals 50 feet. Recommended scale to be one inch equals 20 feet.

(2)

Location, condition, number, names, sizes, DBH and disposition of all existing trees and vegetation, to be preserved, relocated or removed. Also, provide all existing native plant communities to be preserved, relocated or removed.

(3)

Location and outline of existing buildings and site improvements to remain.

(4)

Location, condition, names, sizes, DBH, and disposition of existing trees, hedge, and site improvements along any abutting properties within 25 feet of the property lines.

(5)

Location of all proposed or existing buildings and site improvements including but not limited to; parking spaces, access isles, drive ways, sidewalks and other vehicular use areas to remain or be removed.

(6)

A proposed plant list by symbol, quantity, required specifications, native or non-native, drought tolerance, salt tolerance, and botanical and common names. Also, the plant list must be indicated on all planting plan sheets.

(7)

A landscape calculation table indicating the minimum required and provided comparisons of the proposed plant material. Also, providing the net acreages, buffer lengths, percentages of landscaping in the VUA, pervious area, street lengths, percentages of sod, native/drought tolerant percentages and landscape material size requirements.

(8)

Location and labeling of existing and proposed site lighting. Additionally, provide a minimum of 15 feet separation from the required or existing shade trees and 7½ feet from palms and small trees.

(9)

Location of existing and proposed fire hydrants and fire department check valves. Additionally, provide the minimum required 7&half feet clearance from all landscape material to the front and sides with four feet clearance from the rear.

(10)

Location of existing and proposed easements, right of ways, drainage structures, overhead utility wires, underground utilities, above ground electrical elements, and transformers.

(11)

Location and details including type, height, color, and additional embellishments of walls, fences, gates, and signs.

(12)

All planting details and staking details, including but not limited to planting/staking specifications, general notes and tree protection barricade detail.

(13)

Existing or proposed water bodies and retention areas indicating the required four to one slopes.

(14)

Such other information that may be required to give a complete understanding of the proposed plan.

90-86.3 The irrigation plan shall meet the following requirements:

(1)

The same scale of the site plan, but no smaller than one inch equals 50 feet.

(2)

Location of existing trees, vegetation and native plant communities to remain, if applicable.

(3)

Location of existing buildings, paving, and site improvements to remain.

(4)

Location of proposed buildings, paving, site improvements, and water bodies.

(5)

Main location with sleeves, size and specifications.

(6)

Valve location, size and specifications.

(7)

Pump location, size and specifications or water source.

(8)

Backflow prevention device type and specifications.

(9)

Controller locations and specifications.

(10)

Zone layout plan (minimum scale 1" = 20"):

(11)

Provide 100 percent coverage and 100 percent overlap.

(12)

Indicating head-type, specifications and spacing.

(13)

Indicate location and details of rain sensor, second water meter, and rainwater citrons; and

(14)

Indicating methods used to achieve compliance with Florida Friendly principles as required by F.S. § 373.228.

(15)

Efficient Irrigation Design. All new irrigation installations shall meet the irrigation standards identified per F.S. § 373.228. These include:

1.

Irrigation systems, including the use of micro-irrigation as appropriate, shall be designed to meet the needs of the plants in the landscape.

2.

When feasible, irrigation systems shall be designed to separately serve turf and non-turf areas.

3.

The irrigation system plans, and specifications shall identify the material to be used and the construction methods.

4.

The design shall consider soil, slope and other site characteristics in order to minimize water waste, including overspray, the watering of all impervious surfaces and other non-vegetated areas, and off-site runoff.

5.

The system shall be designed to minimize free flow conditions in case of damage or other mechanical failure.

6.

The system shall be designed to use the lowest quality water feasible.

7.

Rain switches or other approved devices, such as soil moisture sensors to prevent unnecessary irrigation, shall be incorporated. (F.S. § 373.62)

9.

A recommended seasonal operating schedule and average precipitation rate for each irrigation zone for both establishment and maintenance conditions shall be provided.

10.

Control systems shall provide the following minimum capabilities:

i.

Ability to be programmed in minutes, by day of week, season, time of day,

ii.

Ability to accommodate multiple start times and programs,

iii.

Automatic shut off after adequate rainfall,

iv.

Ability to maintain time during power outages for a minimum of three (3) days, and

v.

Operational flexibility to meet applicable year-round water conservation requirements and temporary water shortage restrictions.

11.

Recommended maintenance activities and schedules shall be included.

12.

Precipitation rates for sprinklers and all other emitters in the same zone shall be matched, except that micro irrigation emitters may be specified to meet the requirements of individual plants.

13.

Irrigation systems shall be designed to maximize uniformity, considering factors such as:

i.

Emitter types.

ii.

Head spacing.

iii.

Sprinkler pattern.

iv.

Water pressure at the emitter.

14.

Irrigation systems with main lines larger than two (2) inches or designed to supply more than seventy (70) gallons per minute shall incorporate a means to measure irrigation water use, at a minimum of ninety-five (95) percent accuracy across the flow range.

15.

Irrigation system plans and specifications shall require the system installer to conduct final testing and adjustments to achieve design specifications prior to completion of the system and acceptance by the owner or owner's representative.

16.

The irrigation system shall be designed to correlate to the organization plants into zones as described in section 12-102 above. The water use zones shall be shown in the irrigation plan. All plants (including turf) require watering during establishment. Temporary facilities may be installed to facilitate establishment.

17.

Rain shut-off switch equipment shall be required on automatic irrigation systems to avoid irrigation during periods of sufficient soil moisture, in accordance with Florida Law (F.S. § 373.62). Said equipment shall consist of an automatic mechanical or electronic sensing device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

18.

The installation of tracer wire along main lines and laterals shall be required to permit easy location and prevent inadvertent cutting of pipes.

19.

If the water supply for the irrigation system is from a well, a constant pressure flow control device or pressure tank with adequate capacity shall be required to minimum pump "cycling".

20.

Check valves must be installed at irrigation heads as needed to prevent low head drainage and puddling.

21.

Nozzle precipitation rates for all heads within each valve circuit must be matched to within twenty (20) percent of one another.

22.

A pressure-regulating valve shall be installed and maintained if static service pressure exceeds eighty (80) pounds per square inch. The pressure regulating valve shall be located between the meter and the first point of division in the pipe and set at a not more than fifty (50) pounds per square inch when measured at the most elevated fixture in the structure served. This requirement may be waived if satisfactory evidence is provided that high pressure is necessary in the design and that no water will be wasted as a result of high-pressure operation.

23.

To assist the end user to operate the system property, in addition to the minimum requirements of [Section] 373.228, F.S., the following are encouraged to be provided to the owner at the time of installation. The map shall be attached inside each irrigation controller or be kept in another readily available location if it is not practical to insert into a small container.

i.

Irrigation schedule information, with instructions for seasonal timer and sensor changes;

ii.

Irrigation system plans and specifications including as-constructed drawings, recommended maintenance activities and schedules;

iii.

Operations schedules, design precipitation rates, and instructions on adjusting the systems to apply less water after the landscape is established;

iv.

Maintenance schedule, water source, water shut-off method, and the manufacturing operational guide for their irrigation controller;

v.

To the extent feasible, similar information should be made available for subsequent property transfers.

24.

Reduced-pressure-principle backflow preventers shall be recertified yearly.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 19-1696, § 2, 6-11-19; Ord. No. 23-1736, § 2, 4-18-23)

All landscaping and irrigation shall be installed according to accepted horticultural planting procedures with the quality of plant materials as hereinafter described, including:

(1)

Planting soil/topsoil shall be of the minimum quality as specified in the plant materials section of this Code. All trees, palms, shrubs, and ground covers shall be planted with a minimum of 12 inches or two times the root ball of planting soil around root ball. A minimum of three inches of shredded, approved arsenic free, organic mulch or groundcover shall be installed around each tree planting for a minimum of 18 inches beyond its trunk in all directions, including palms, and throughout all hedge, shrub, and groundcover planting. The use of mulch obtained from Melaleuca, Eucalyptus, or other invasive plant species is encouraged in order to reduce their impact on the environment and to preserve the remaining native plant communities.

(2)

All trees/palms shall be properly guyed and staked at the time of planting until one year from landscape final or establishment. The use of nails, wire or rope, or any other method which damages the trees or palm, is prohibited. All plants shall be installed so that the top of the root ball remains even with the soil grade or ten percent or the root flare is visible above the surrounding grade. All synthetic string, synthetic burlap, cords, or wire baskets shall be removed before planting. 90-87(3)

(3)

All parking islands, medians, and other landscape areas shall be installed with continuous Type "D" curbing to prevent damage to the plant material and the displacement of topsoil and mulch. Also, all landscape islands, divider medians, and planters shall be excavated of limerock and/or compacted soil to a depth of 30 inches and backfilled with specified planting mix to the top of curb. Additionally, all areas along buildings shall be excavated to a depth of 12 inches and backfilled with specified planting mix. No mulch shall be permitted in adjacent swales or right-of-way.

(4)

Reserved.

(5)

All proposed multi-trunk trees shall have a minimum of three trunks with no more than five trunks of equal diameters originating from the base of the tree and with angles no greater than forty-five (45) degrees.

NOTE: The town can require either multi-trunk or single trunk on certain trees.

(6)

All proposed trees and palms shall not be planted under roof over hangs or balconies.

(7)

All proposed trees and palms within or overhanging pedestrian areas shall have a clear trunk high enough to allow unobstructed pedestrian movement under or around.

(8)

Reserved.

(9)

All proposed tot lots or pools shall be required to have a minimum shade requirement to allow persons to seek refuge from the sun.

(10)

Salt tolerant plant species are encouraged in all areas of the town.

(11)

The concepts of Green Building Design and LEED are encouraged to help reduce water consumption, decrease fossil fuel burning, channel breezes, assist in cooling, create more pervious areas for drainage and promote more environmentally conscious.

(12)

All plant root ball sizes shall conform or exceeded the minimum standards in the current edition of Florida Grades and Standards.

(13)

All landscape areas with the exception of H30A, H30B and H30C (for single family and two family only) shall be provided with an automatically operating, underground, and rust free irrigation system designed to have 100 percent coverage with 100 percent overlap. Drip, trickle or other low-volume irrigations systems shall be permitted if designated on approved landscape plans and approved by the town. Irrigation systems shall be designed to minimize application of water to impervious areas. All PVC risers shall be painted flat black.

a.

Pursuant to F.S. § 373.62, any irrigation system installed after May 1, 1991, shall install a rain sensor device or switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred.

b.

Use of non-potable water, including, but not limited to, water from a canal, lake or a treated water source, in the irrigation of landscaped areas is required when determined to be available and safe.

c.

Automatic controlling devices shall be used on all irrigation systems.

i.

Preserved native habitats or native plant communities shall not be irrigated unless required by the town.

ii.

Recommend the use of a second water meter for irrigation to help reduce the cost of the watering the landscape.

NOTE: The sewer usage cost is eliminated with this added meter.

iii.

Encourage the use of rainwater cisterns to help save water, one of our greatest natural resources. Also, rainwater cisterns will help on reducing watering costs and the impacts of water restrictions on the landscaping. Cisterns shall be provided below grade and are permitted in all zoning districts.

(14)

Inspections of sites for landscape and irrigation installation:

a.

A pre-inspection of the site with the landscape and irrigation contractor will be required to discuss all the town requirements, answer any questions and determine site conditions for appropriate use and selection of landscape material prior to installation.

b.

A final landscape and irrigation inspection will be required upon completion.

(15)

Synthetic turf.

a.

Synthetic turf may be permitted on all properties subject to the requirements and procedures set forth in this section.

b.

Synthetic turf may be counted towards the minimum required pervious area coverage for H30A and H30B provided it complies with this subsection and all other requirements of this Code. In all other zoning districts synthetic turf may be permitted in accordance with this subsection, but shall not be counted towards the minimum required landscaped areas, buffers, foundation plantings or landscape islands.

c.

Synthetic turf shall comply with all of the following design standards and shall:

i.

Simulate the appearance of live turf, organic turf, grass, sod or lawn, and shall have a minimum eight-year "no fade" warranty.

ii.

Be of a type known as cut pile infill with pile fibers of a minimum height of 1.75 inches and a maximum height of 2.5 inches.

iii.

Have a minimum face weight of 75 ounces per square yard.

iv.

Be manufactured from polyethylene monofilament, dual yarn system, and manufactured in the United States.

v.

Have backing that is permeable.

vi.

Be lead free and flame retardant.

d.

Synthetic turf shall comply with all of the following installation standards and shall:

i.

Be installed by a licensed contractor in a manner prescribed by the manufacturer.

ii.

Be installed over a subgrade prepared to provide positive drainage and an evenly graded, porous crushed rock aggregate material that is a minimum of three inches in depth.

iii.

Be anchored at all edges and seams consistent with the manufacturer's specifications.

iv.

Not have visible seams between multiple panels.

v.

Have seams that are joined in a tight and secure manner.

vi.

Have an infill medium consisting of clean silica sand, small rocks or other mixture. Rubber pellets are prohibited. The provided manufacturer's specifications shall state that the infill:

1.

Be brushed into the fibers to ensure that the fibers remain in an upright position;

2.

Provide ballast that will help hold the turf in place: and

3.

Provide a cushioning effect.

e.

Synthetic turf shall comply with all of the following additional standards:

i.

Areas of living plant material shall be installed and/or maintained in conjunction with the installation of synthetic turf. Trees and shrubs shall be provided per the minimum code requirements.

ii.

Synthetic turf shall be separated from planter areas and tree wells by a concrete mow strip, bender board or other barrier with a minimum four-inch thickness to prevent the intrusion of living plant material into the synthetic turf.

iii.

In the front yard, corner yard, or secondary frontage:

a.

When entirely within private property. Synthetic turf shall be separated from the public right-of-way area by a vertical visual barrier at the property line, such as a hedge or fence. Any area outside the property line shall be landscaped with ground cover or living turf in the swale of the right-of-way.

b.

When extending into public right-of-way. Synthetic turf installed within private property which also extends into the public right-of-way shall not require the vertical barrier at the property line, but shall require (1) a public works permit which may include additional conditions and requirements, including enhanced drainage mitigation to the satisfaction of the public works director to account for impact on the public right-of-way; and (2) a right-of-way encroachment agreement in form and substance acceptable to the town manager and town attorney. Synthetic turf must conform to the detail in Figure 1 "Town of Surfside Back of Curb French Drain Standard" dated May 2, 2023 as contained in the town's public works manual available on the town's website and with the town clerk, as may be amended by the town from time to time.

iv.

Irrigation systems proximate to the synthetic turf shall be directed so that no irrigation affects the synthetic turf.

f.

Synthetic turf shall comply with all of the following maintenance standards and shall:

i.

Be maintained in an attractive and clean condition, and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces or edges, heat degradation or excessive wear.

ii.

Be maintained in a green fadeless condition and free of weeds, debris, and impressions.

iii.

Synthetic turf must lay flat and resemble live grass.

iv.

For compliance with these maintenance standards and conditions of the respective permits, synthetic turf shall be inspected as follows: synthetic turf installed within the public right-of-way shall be inspected by the public works department at least every three years from the date of issuance of the right-of-way permit. Synthetic turf installed on private property shall be inspected by the code compliance department, at least every three years from the date of issuance of the building permit. Unpermitted synthetic turf described in subsection i., shall be inspected by the code compliance department at least every three years from the effective date of this ordinance.

g.

The following uses are prohibited:

i.

Synthetic turf in the public rights-of-way or swales, except as may be permitted and maintained in accordance with this subsection.

ii.

Synthetic turf shall not be used as a screening material where screening is required by the Code.

h.

All uses of synthetic turf shall require a building permit. The building permit application shall include, at a minimum, all of the following information:

i.

A complete landscape plan showing the area of synthetic turf, area of living plant material, and area and method of separation between these areas. Minimum landscape requirements shall include minimum required trees and shrubs for new construction and pervious area calculations for all properties.

ii.

Details regarding existing or proposed irrigation proximate to the synthetic turf.

iii.

Brand and type of synthetic turf, including all manufacturer specifications, warranties, and product lifespan.

iv.

A scaled cross section and details of the proposed materials and installation, including but not limited to subgrade, drainage, base or leveling layer, and infill.

v.

A survey of the property with a signed affidavit from the property owner that no changes have occurred since the date of the survey.

i.

Previously installed synthetic turf. Synthetic turf existing as of May 9, 2023, as documented by the town's code compliance department as to open and unresolved cases in a report attached to this ordinance as exhibit "A", may retain their synthetic turf located on private property subject to compliance with all maintenance standards in this subsection. For unpermitted synthetic turf installed in the public right-of-way, an adjacent property owner shall be required within 90 days of the adoption of this ordinance (July, 2023) to obtain a public works permit and comply with all requirements of this subsection for installation and maintenance of synthetic turf in the public right-of-way. Failure to comply with the permitting requirements of this subsection within the 90-day period shall constitute a continued violation of the Code and the property owner shall be required to immediately remove the synthetic turf from the right-of-way.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 1572, § 2, 4-12-11; Ord. No. 18-1680, § 3, 4-10-18; Ord. No. 19-1696, § 2, 6-11-19; Ord. No. 20-1709, § 3, 1-14-20; Ord. No. 23-1749, § 3, 7-11-23)

(1)

An owner of land subject to this Code shall be responsible for the maintenance of said land and landscaping so as to present a healthy, vigorous and neat appearance free from refuse and debris. All landscaped areas shall be sufficiently fertilized and irrigated to maintain the plant material in a healthy and viable condition.

NOTE: All fertilizer shall be safe and environmentally friendly.

(2)

Florida Friendly Fertilizer Use To regulate the proper use of fertilizers by any person who applies fertilizer on turf and/or landscape or plants; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; specifies allowable application fertilizer application rates and methods, fertilizer-free and low maintenance zones, and exceptions. It requires the use of Best Management Practices for the application of fertilizer to minimize negative environmental effects associated with excessive nutrients in water bodies. These environmental effects have been observed in Dade County's natural and constructed stormwater conveyances, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an important asset to the environmental, recreational, cultural and economic well-being of Town of Surfside residents and their public health. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, is anticipated to help improve and maintain water and habitat quality.

a.

Timing of fertilizer applications.

i.

No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the time period in which a flood watch or warning, a tropical storm watch or warning, or a hurricane watch or warning is in effect for any portion of Town of Surfside, issued by the National Weather Service.

ii.

No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants if heavy rain two inches or more within a 24-hour period is likely.

iii.

No applicator shall apply fertilizers containing nitrogen and/or phosphorus to saturated soils.

iv.

Fertilizer containing nitrogen and/or phosphorus shall not be applied before seeding or sodding a site and shall not be applied for the first 30 days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the stormwater pollution prevent plan for the site.

b.

Fertilizer free zones. Fertilizer shall not be applied within ten feet of any water body or canal as defined by the Florida Department of Environmental Protection in Chapter 62-340, Florida Administrative Code, or from the top of a seawall or lake bulkhead. Newly planted turf or landscape plants may be fertilized in this zone only for a 60-day period beginning no sooner than 30 days after planting if needed to allow the vegetation to become well established. Caution shall be used to prevent direct deposition of fertilizer into the water.

c.

Fertilizer content and application rates.

(1)

Fertilizers applied to turf shall be applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements for Urban Turf Fertilizers. Under Rule 5E-1.003(2), Florida Administrative Code, required application rate and frequency maximums, which vary by plant and turf types, are found on the labeled fertilizer bag or container.

(2)

Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in subsection (1) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test.

(3)

Fertilizer used for sports turf at golf courses shall be applied in accordance with the recommendations in "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses," published by the Florida Department of Environmental Protection, dated January 2007, as may be amended. Fertilizer used at park or athletic fields shall be applied in accordance with Rule 5E-1.003(2), Florida Administrative Code.

d.

Fertilizer application practices.

i.

Spreader deflector shields shall be used when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. Any fertilizer applied, spilled or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable.

ii.

Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site or returned to the original or other appropriate container.

iii.

In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies.

iv.

Property owners and managers are encouraged to use an Integrated Pest Management (IPM) strategy as currently recommended by the University of Florida Cooperative Extension Service publications.

e.

Training.

i.

All commercial and institutional applicators of fertilizer shall abide by and successfully complete the six-hour training program in the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida/Broward County Cooperative Extension Service "Florida-Friendly Landscapes" program or an approved equivalent program. A trained applicator shall have identification or other evidence of successful completion of the training program on their person at all times while applying fertilizer.

ii.

Non-commercial and non-institutional applicators not otherwise required to be certified, such as private citizens on their own residential property, are encouraged to follow the recommendations of the University of Florida/IFAS "Florida-Friendly Landscape Program" and label instructions when applying fertilizers.

f.

Licensing of commercial applicators.

i.

All businesses applying fertilizer to turf or landscape plants (including, but not limited to, residential lawns, golf courses, commercial properties, multi-family and condominium properties) must ensure that the business owner or his/her designee and at least (1) employee holds the appropriate "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Town business tax receipt. Standard business tax receipt (BTR) and transaction fees shall apply. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the Town of Surfside. It is the responsibility of the business owner to maintain the "Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries" certificate to receive their business tax receipt annually.

ii.

After adoption of this ordinance, all commercial applicators of fertilizer within the Town of Surfside, shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), Florida Administrative Code.

(3)

Pesticide Management.

a.

All landscape applications of pesticides, including "Weed and Feed" products, for hire shall be made in accordance with State and Federal Law and with the most current version of the Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries, as amended.

b.

When using pesticides, all label instructions of State and Federal law shall be adhered to. The Florida Department of Agriculture and Consumer Services is responsible for enforcement of pesticide laws.

(4)

Management of grass clippings and vegetative matter. In no case shall grass clippings, vegetative material, and/or vegetative debris intentionally be washed, swept or blown on to or into storm-water drains, ditches, conveyances, water bodies, wetlands, sidewalks or roadways. Any material that is accidently so deposited shall be immediately removed to the maximum extent practicable.

(5)

Three inches of clean, weed-free, arsenic free, organic mulch shall be maintained over all areas originally mulched at all times. Turfgrass shall be kept trimmed and/or mowed regularly to a height not exceeding eight inches above the ground. The use of mulch in swales or right-of-way is prohibited.

NOTE: If weeds, noxious grasses or underbrush are in excess of the eight inches; it too will need to be cut and the weeds, noxious grasses and underbrush removed and re-sodded if necessary.

(6)

Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system.

(7)

Preserved and created native plant communities shall be maintained in a natural state without the use of mechanical equipment.

(8)

An owner is responsible to ensure that landscaping that has been required to be planted pursuant to this Code, or installed in compliance with the landscape requirements previously in effect, be maintained in Florida Grade One condition, including but not limited to single-family residences, multifamily, or business sites. If landscaping is found to be in a state of decline, dead, damaged, or missing, it must be replaced with equivalent landscape material. If total replacement is required, species conforming to this Code shall be used. If any preserved vegetation dies which is being used to satisfy current landscape code requirements, such vegetation shall be replaced with the same landscape material selected from nursery-grown native stock only.

(9)

All trees shall be trimmed in accordance to Miami-Dade County tree preservation code. Any type of tree abuse/hatracking is prohibited with in the Town.

(10)

Any trees and/or palms that are diseased (including dead palms with lethal yellowing) or trees and/or palms causing a possible safety hazard as determined by the town are considered to be a public nuisance. The town shall enforce the provisions of this section. Any property owner of any lot or parcel of land in the town shall promptly remove any such tree and/or palm after being notified by the town. The town is authorized and empowered to enter on any lot or parcel of land in the town at any reasonable hour for the purpose of inspecting such trees and/or palms.

(11)

Shrubs and hedges shall be maintained that such plant materials do not obstruct clear sight triangles and promote vehicular and pedestrian visibility. Also, hedges planted along property lines shall be maintained and trimmed to prevent branches from extending over and/or touching structures on adjacent properties.

(12)

Any plastic or similar artificial landscape materials shall be prohibited with the exception of seasonal holiday decorative displays of less than 60 days duration and synthetic turf as provided for in this article. Synthetic turf shall be permitted with the exception that it shall not be counted towards the minimum landscaped area, buffers, foundation planting or landscape islands.

(13)

All property owners shall keep such property and the adjoining unpaved portions of the public rights-of-way, swales and bulkheads clean and free from any accumulation of garbage, trash, liter or debris.

(14)

All property owners with in the town shall not permit unattended vegetation upon the property, adjoining portions of the rights-of-ways, swales and canal banks.

(15)

The provisions of this Article shall be enforced pursuant to Chapter 15, Article I, of this Code, and by any other means permitted by law.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 18-1680, § 3, 4-10-18; Ord. No. 19-1696, § 2, 6-11-19; Ord. No. 20-1709, § 4, 1-14-20)

90-89.1 Quality: Plant materials used in accordance with this Code shall conform to the standards for Florida Grade One, or better, (NOTE: Some proposed landscaping can be required to be Florida Fancy) as provided for in the most current edition of Grades and Standards for Nursery Plants, 2nd edition, Feb. 1998, State of Florida Department of Agriculture and Consumer Services, as amended. Additional information not addressed in the Florida Grades and Standards for Nursery Plants shall refer to ANZI Standards Z60.1. Sod shall be green, healthy, clean and visibly free of weeds, noxious pests and diseases. It shall be solid St. Augustine "Floratam", "Palmetto", or Bermuda, laid on a smooth planting base with tight joints, at 100 percent coverage at time of planting and cut to fit all landscape planters and curb areas.

90-89.2 Native vegetation: 50 percent of all vegetation, excluding all turf grass, required to be planted by this Code shall be indigenous to South Florida.

90-89.3 Preserved/created native plant communities: Native Plant communities shall be preserved or created. Sites which consist of five acres or more, where there is no viable native plant community, the applicant shall show on the landscape plan an area or areas equivalent to 2½ percent of the site to be planted and preserved as an native plant community. Sites which consist of two to five acres may incorporate a native plant community into the landscape buffer or interior landscaping requirements.

90-89.4 Trees:

(1)

Shade/canopy tree: Shade/canopy tree shall be a minimum overall height of 14 feet, six feet spread, 2&half inches DBH and five feet clear trunk. This category shall constitute 20 percent of the minimum required trees.

(2)

Intermediate trees: Intermediate trees shall be a minimum overall height of 12 feet, five feet spread, two inches DBH and 4½ feet clear trunk. This category shall constitute 20 percent maximum of the required trees.

(3)

Small trees: Small trees shall be a minimum overall height of ten feet, 4½ feet spread, one and 1½ inches DBH and four feet clear trunk. This category shall constitute no more than 20 percent of the required trees.

(4)

Palms: Palms shall have a minimum of six feet grey wood and shall constitute no more than 40 percent of the required trees. All palms with the exception of Roystonea elata/regia, Phoenix canariensis, Phoenix dactylifera, Phoenix sylvestris, Phoenix reclinata, Wodyetia bifurcata, and Bismarckia nobilis, shall be counted at three for one and planted with staggered heights.

NOTE: All proposed coconut palms shall be certified to be resistant to Lethal yellowing.

(5)

All landscaping including shrubs and groundcover shall be guaranteed for one year after final landscape inspection.

(6)

Street tree requirements:

a.

Street trees shall be required at one shade tree/palm tree per 20 linear feet of street frontage thereof along all public or private street right-of-ways in all zoning districts.

b.

Street trees shall be of a species typically grown in South Florida that normally matures to a height of at least 20 feet. Street trees shall have a clear trunk of over seven feet, an overall height of fourteen (14—16) feet and a minimum of 2½ inches DBH at time of planting. Palm trees utilized as street trees shall have eight foot clear wood.

c.

The average spacing requirement for H40 districts shall be based on the total lineal footage of roadway for the entire project and not based on individual lot widths.

d.

Street tree species shall be approved by the town during plan review. Street trees shall visually define the hierarchy of roadways, provide shade along roadways, and provide a visual edge along roadways. Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions.

e.

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 town. A public works permit shall be obtained prior to planting any tree in the right-of-way. Trees shall be planted in conformance with the Right Tree, Right Place Guidelines for planting trees near power lines published within Florida Power & Light's "Right Tree, Right Place" brochure, as amended.

f.

Street trees planted along roadways and/or sidewalks shall be placed a minimum of four feet off the interior pavement edge.

g.

Street trees planted within sidewalk or curbed planting area along parallel parking shall have a minimum planting area of six feet by six feet. If the street tree is planted within the sidewalk, root barrier(s) of minimum depth of 12 inches shall be installed per manufacturer's recommendations. These trees shall require adjustable tree grates or groundcover to full coverage inside planting area.

h.

When trees 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, irrigation and sod. Trees must be maintained free and clear of powerlines and all trees and plantings shall be maintained in a manner which prevents and alleviates the danger of the trees damaging power lines, consulting with American Natural Standards Institute ("ANSI") A300 (Part I)—2001 Pruning Standards, as amended, and ANSI Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush Safety Requirements, as amended. Where the state, county or town determines that the planting of trees and other landscape material is not appropriate in the public right-of-way, they may require that said trees and landscape material be placed on private property.

i.

If any property owner fails to maintain trees and other landscaping in right-of-way or on private property, as required by this Code, the town shall provide a written warning with 45 days to remedy, after which, the town may take action and assess costs pursuant to article III, property maintenance standards of chapter 14.

j.

Where the town determines a tree or landscaping in the right-of-way poses an immediate threat to the health, safety and welfare of residents or is extremely likely to cause imminent damage to utilities or powerlines, said tree or landscaping may be removed by the town, at the owner's expense. Such costs shall be assessed against a property owner and property pursuant to article III, property maintenance standards of chapter 14.

(7)

The following plant species shall not be planted as required or optional landscaping and, in addition, these species shall be removed from the construction sites with the exception of existing ficus hedges that have been damaged during a strong storm or hurricane. If 50 percent or more viable ficus hedge material is left than the additional missing 50 percent or less can be replaced:

(8)

The use of wind tolerant trees and palms are encouraged due to the high risk of hurricanes in South Florida. Every effort should be utilized to reduce the risk of damage and liability by utilizing more wind tolerant landscaping. Also, the use of landscaping that is very poisonous, has a major pest or insect problem, thorny spines, drops messy fruit or has an aggressive root system will be reviewed case by case.

(9)

The use of plant materials that reinforce the ambience of the town's distinctive, lush, subtropical character is encouraged.

(10)

The following plant list species shall not be considered as a required tree or palm. However, these species may be utilized as an accent:

(11)

All trees and palms must be a minimum of four feet from all underground utility lines. Also, refer to the site lighting and fire hydrant requirements for tree and palms.

(12)

All invasive exotic pest plants shall be removed from the site prior to final inspection.

(13)

All landscape substitutions including shrubs and groundcover shall require Town approval prior to installation.

(14)

No more than 30 percent (of required trees shall be of the same species. The tree diversity mix shall be as follows:

90-89.8 Shrubs and hedges.

(1)

Shrubs shall be a minimum of two feet high, full to base, two feet spreads and planted two feet on center when measured immediately after planting. If the spreads can not be met with the two feet requirement then 18 inches spreads and 18 inches on centers can be utilized. When shrubs are used as a screen around vehicular open space areas, said shrubs shall be a minimum of two feet in height above the vehicular open space pavement surface that directly abuts the shrubs at time of planting and branch touching branch.

(2)

Required buffer hedges shall be planted two feet high, full to the base, two-foot spreads and two feet on center spacing (branch touching branch) and maintained so as to form a continuous, unbroken solid, visual screen, with a maximum height of three feet, to be attained within one year after planting. If the spreads can not be met with the two-foot requirement then 18-inches spreads and 18 inches on centers can be utilized.

(3)

Shrubs shall be planted so the branches do not touch the building walls or walkways at time of planting.

(4)

Ficus spp., when planted as a hedge, may be used to meet the requirements of dumpster enclosure, mechanical equipment and electrical transformer screening only.

90-89.6 Vines. Vines shall be full and a minimum of 30 inches in supported height immediately after planting. The method of attachment shall be indicated on the landscape plans.

90-89.7 Groundcover. Groundcovers shall be full and planted with a minimum of 75 percent coverage with 100 percent coverage occurring within three months of installation. All ground cover shall be planted so not to touch the building walls or walkways at time of planting.

90-89.8 Turf:

(1)

All turf areas including but not limited to swales, lake maintenance easements, and retention areas shall be sodded using St. Augustine Floratam, Palmetto or Bermuda sod to the water line.

(2)

Turf shall not be treated as a fill-in material, but rather as a major planned element of the landscape and shall be placed so that it can be irrigated separately from planting beds.

(3)

Turf areas shall be consolidated and limited to those areas on the site that require pedestrian traffic, provide for recreation use or provide soil erosion control such as on slopes or in swales, or surface water management areas, and where turf is used as a design unifier, or other similar practice use. Turf areas shall be identified and labeled on the landscape plan.

(4)

The following percentages shall apply to turf areas:

a.

No more than 80 percent of the landscape area for single-family and duplex dwellings may be in turf grass.

b.

No more than 60 percent of the landscape area for multifamily dwellings may be in turf grass.

c.

No more than 50 percent of the landscape area for other development uses may be in turf grass, notwithstanding the use of artificial turf for the purpose of municipal athletic fields.

90-89.9 Planting soil and topsoil: Topsoil and/or planting soil shall be clear and free of construction debris, weeds and rocks. The topsoil and/or planting soil for all planting areas shall be composed of a minimum of 50 percent muck and 50 percent sand or 80 percent sand and 20 percent muck.

(Ord. No. 1558, § 2(Exh. A), 6-8-10; Ord. No. 18-1680, § 3, 4-10-18)

90-90.1 Florida Friendly.

(1)

A minimum of 40 percent of required trees and shrubs for all new single family and duplex dwelling construction shall be Florida Friendly Landscaping species.

(2)

A minimum of 40 percent of the pervious area of multifamily dwellings must be Florida Friendly Landscaping.

(3)

A minimum of 50 percent of the pervious area of all other development uses must be in Florida Friendly Landscaping.

90-90.2 Use of site specific plant material: Plants used in the landscape design shall be to the greatest extent, appropriate to the soil and other environmental conditions in which they are planted.

90-90.3 Invasive exotic plant material: As a condition of approval, the property owner shall remove all invasive exotic species from the property prior to final.

(Ord. No. 1558, § 2(Exh. A), 6-8-10; Ord. No. 19-1696, § 2, 6-11-19; Ord. No. 22-1729, § 2, 9-13-22; Ord. No. 23-1749, § 4, 7-11-23)

90-91.1 Applicability: All proposed development or redevelopment sites and vehicular use areas serving H30C, H40, H120, or municipal uses shall conform to the minimum landscaping requirements hereinafter provided. Interior parking landscape requirements under or within buildings and parking areas serving H30A and H30B districts are exempt. Additionally, SD-B40 shall be exempt. Expansive concrete or paver areas shall require landscaping to soften and scale the buildings.

90-91.2 Required buffer landscaping adjacent to streets and abutting properties: On any proposed, redeveloped site, or open lot providing a vehicular use area for H30C, H40, H120, adjacent or contiguous to H40, or municipal plots where such area is abutting street(s) and/or property lines, including dedicated alleys, landscaping shall be provided between such area and such perimeters as follows:

(1)

A flat ground level or bermed strip of land at least ten feet in depth, located along all the property lines of abutting street(s) and abutting property line(s) shall be landscaped. Such landscaping shall include three trees for each 50 linear feet or fraction thereof. The first tree shall be set back from the intersection of the ingress/egress and the street. The setback area shall be limited to groundcover only. In addition, a hedge, berm, wall or other durable landscape barrier shall not create a sight hazard by being placed along the inside perimeter of such landscape strip and shall be maintained at a maximum height of three feet, if contiguous to a pedestrian walkway, to meet crime prevention through environmental design (CPTED) principles. If such durable barriers including walls or fences are of nonliving material, it shall be screened to the height of the durable barrier with a hedge along the street side of such barrier. If a fence or wall is utilized along an abutting property line it must be installed at the property line and screened to the height of the durable barrier with a hedge from the inside. The remainder of the required landscape area shall be landscaped with turf grass, groundcover or other landscape treatment, excluding paving, turf grass not to exceed the maximum amount allowable in the Florida Friendly requirements. This buffer may not be counted toward meeting the interior landscape requirements.

(2)

All property other than the required landscaped strip lying between the streets and abutting property lines shall be landscaped with turf grass or other groundcover; if turf grass is used, it shall not exceed the Florida Friendly requirements.

(3)

All town approved necessary accessways from the public street through all such landscaping shall be permitted to service the site.

(4)

Parking area interior landscaping. An area, or a combination of areas, equal to 20 percent of the total vehicular use area exclusive of perimeter landscape buffers required under this subsection shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required by this section shall be counted as part of the interior landscaping requirements, as long as such landscaping is contiguous to the vehicular use area and fulfills the objective of this subsection.

(5)

All parking areas shall be so arranged so that if there are ten or less contiguous parking stalls along the same parking aisle, the eleventh space shall be a landscaped peninsula a minimum of 11 feet in width with a minimum of ten feet wide landscape area. Also, all rows of parking shall be terminated with 11 feet in width landscape islands with ten feet wide landscape area. In addition, there shall be a minimum requirement of one shade tree and 25 shrubs planted for every landscaped island. If landscaped divider medians are utilized, they must be a minimum of six feet wide. The minimum dimensions of all proposed landscaped areas not mentioned in this chapter shall be six feet wide. In addition, any town approved grass parking areas will meet the same requirements as paved parking, and will not be calculated in the pervious space requirements.

(6)

Landscaped areas, walls, structures and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs located a minimum of 2½feet from any landscaped area

NOTE: The town encourages the use of Type "D" curbing in parking area that abut landscape areas to provide more green area and lessen the chance of tripping hazards. This can not be utilized to count for buffer or divider median requirements, but can be utilized for pervious and landscaping in the VUA percentages.

(7)

Where any plot zoned or used for H120 is contiguous to the bulkhead line, a landscape area consisting of the bulkhead line, the erosion control line, and the property lines shall be provided or restored. The proposed landscape material for the required landscape area shall be 100 percent landscape material used on the barrier island dune system and shall be composed of native plants adapted to the soil and climatic conditions occurring on-site. Additionally, all plant species, amount of plant material, plant spacing and design shall be approved by the town.

(Ord. No. 1554, § 2, 6-8-10; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 19-1696, § 2, 6-11-19)

Editor's note— Ord. No. 1626, § 3, adopted Nov. 18, 2014, repealed former § 90-92 in its entirety which pertained to sight triangles and clearance and derived from Ord. No. 1558, § 2(Exh. A), adopted Aug. 10, 2010.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

All open space on any site shall conform to the following requirements:

(1)

General landscape treatment:

a.

Groundcover, shrubs, and other landscape materials (not including rocks, gravel, pavers, turf blocks, artificial turf, or other items) shall be installed to cover all open space areas not covered by paving or structures, using the required percentages specified in the plant material section. No substance including rocks, gravel, pavers, turf blocks, artificial turf or other materials which prevents water percolation shall be used in areas not approved for paving or structures. Proper horticultural planting practices shall comply with Florida Friendly requirements.

b.

Along all buildings and structures, mature landscaping at installation shall be installed at one-half the height of the building or structure at one tree per 25 linear feet of each building's facade on all sides for scaling and softening. On buildings over 75 feet in height the proposed trees/palms shall be at least 35 to 38 feet tall at time of installation.

NOTE: If the landscape buffer is contiguous to the building then the landscape buffer requirement will supersede, with the exception of one tree per 25 feet being one-half the height of the building at installation. Additionally, shrubs and groundcovers shall be added to enhance the building. In all districts except the SD-B40 district, a minimum six-foot-wide landscape strip shall be provided not including overhands or awnings around all the buildings.

(2)

Shrub and tree requirements: Shrubs and trees shall be planted in the open spaces to meet the following requirements:

(3)

Screening of equipment: Dumpsters, mechanical equipment, A/C units, electrical transformers, generators and all above ground equipment shall be screened on at least three sides by landscape material that equal to the height of the element at installation. Such screening shall not interfere with normal operation of equipment and shall be maintained at the height of the element or no more than one foot above. In addition, bus shelters which are located within property lines shall be screened with plant material a minimum of two feet in height on three sides, and one canopy tree, 14 feet in height or three palms.

(4)

Signs: All freestanding sign installations require the installation and establishment of plant material to enhance the structure, at a minimum of one shrub for every two feet of lineal width of the sign structure on each side; and groundcover, a minimum of five feet around the perimeter of the sign base, designed in such a manner so as to not block the message on the sign. Trees or palms shall be required to enhance the sign with blocking it.

(5)

Minimum landscape credits and adjustments: An owner shall receive credit against the minimum landscape code requirements of this Code for preservation, replacement or relocation of existing trees as determined by the town.

(Ord. No. 1554, § 2, 6-8-10; Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 19-1696, § 2, 6-11-19)

(1)

Where any plot zoned or used for H30C, H40 or H120 is separated by a street, alley, canal or public open space from a plot zoned or used for H30A or H30B, said plot shall provide a landscape buffer of at least ten feet in depth.

(2)

Where any plot zoned or used for H40 or H120 or H30C is contiguous to any plot zoned or used for H30A or H30B, said plot shall provide a landscape buffer of at least 15 feet in depth.

(3)

Where any plot zoned or used SD-B40 or municipal plot is separated by a street, alley, canal or public open space from a plot zoned or used for H30A or H30B, said plot shall provide a landscape buffer of at least 15 feet in depth.

(4)

Where any plot zoned or used for SD-B40 or municipal plot is contiguous to a zoned or used plot of H30A or H30B, said plot shall be provide a landscape buffer of at least 20 feet in depth.

(5)

Refer to landscape requirements for landscape buffer and vehicular use areas adjacent to streets and abutting properties section for landscape requirements. The only additional requirement is a 2½ foot tall undulating and meandering landscape berm at three to one slope with layered landscaping along the perimeter adjacent or contiguous to any zoned or used plots of H30A or H30B.

(6)

In cases where nonresidential property abuts residential property, the town can require such additional landscaping as is necessary to protect the aesthetics and minimize the impacts of the surrounding area.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

All new H30A and H30B dwellings shall conform to the following minimum landscaping requirements:

(1)

Landscape plans: H30A and H30B dwellings may submit landscape plans in the form of a H30A and H30B landscape data table, on a form provided by the town at time of permit application for review. This form shall include the required minimum landscape requirements, specifications and acceptable plant material choices to be chosen by the applicant. After the applicant has submitted a completed and signed form, a review of the form will be done to verify that all the requirements have been met. Landscape drawings are not required for H30A and H30B dwellings, however, plans are recommended.

(2)

General landscape treatment: Trees, turf grass, groundcover, shrubs and other decorative landscape material, and synthetic turf installed in accordance with subsection 90-87(15), shall be used to cover all disturbed ground not covered by building and paving, subject to the Florida Friendly landscape requirements of this Code.

(3)

Shrub and tree requirements:

a.

A minimum of five trees of two different species and 25 shrubs shall be planted per lot. On corner lots an additional one tree and ten shrubs shall be required. For all lots larger than 8,000 square feet in area, additional shrubs and trees shall be provided at the rate of one tree and ten shrubs per 2,000 square feet of lot area; however, there shall be no more than 15 trees and 100 shrubs required per acre.

b.

Where possible, a minimum of two trees shall be required in the front of the lot. Shrubs shall be incorporated in a manner on the site so as to be a visual screen for mechanical equipment or other accessories to the residence.

c.

The required shade tree in this subsection shall be a minimum of 30 percent at an overall height of 12 feet to 14 feet with a minimum canopy spread of five feet and a DBH of two and one-half inches. The small trees can be a maximum of 30 percent at 12 to 14 feet and minimum canopy spread of six feet and DBH of two and one-half inches. Palm trees shall have a minimum of six feet of grey wood or clear wood and are counted as three for one (unless from the one for one list) and total palms can not make up more than 40 percent of the total trees.

d.

Street trees are required and additional to this subsection. Refer to plant material section for street tree requirements.

(Ord. No. 1558, § 2(Exh. A), 8-10-10; Ord. No. 19-1696, § 2, 6-11-19; Ord. No. 22-1729, § 2, 9-13-22; Ord. No. 23-1749, § 5, 7-11-23)

(1)

All zone or use districts, except H30A and H30B, shall require a preparer's certification of landscape compliance bearing the original letterhead of the designing firm and licensing number shall be submitted to and approved by the Town of Surfside prior to issuance of any final certificate of use, certificate of occupancy, or certificate of completion. The preparer's certification of landscape compliance shall contain a statement, signed and sealed by the landscape architect of record who prepared the approved plans, that the landscape and irrigation plans have been implemented and that all requirements of this chapter have been met. The original designing firm and the town prior to the implementation of any changes and substitutions shall approve said changes or substitutions to the approved plan.

(2)

For a new H30A and H30B residence, the owner or owner's agent may certify in writing that landscape and irrigation have been installed according to approved plan(s). All changes or substitutions must be approved by the Town of Surfside prior to installation.

(3)

The town shall inspect all projects for compliance prior to issuance of a certificate of use, certificate of occupancy, or certificate of completion.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

Tree removal/relocation permits and native plant community vegetation removal permits are required prior to the removal/relocation of trees, specimen trees, or any vegetation, pursuant to section 24-60 of the Code of Miami-Dade County. Also, tree abuse including hack racking is prohibited with in the town. Tree protection barriers are required during site development to preserve existing and relocated trees. The Miami-Dade County Department of Environmental Resources Management is responsible for administering and enforcing these provisions.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)

The Town of Surfside shall prepare and from time to time revise the landscape manual and any functional landscape materials regarding these requirements. Said manual and materials shall be made available to the public.

(Ord. No. 1558, § 2(Exh. A), 8-10-10)