6.1.1 Purpose

The purpose of this Article is to provide development design and improvement standards applicable to all development activity within the Village.

6.1.2 Responsibility for Improvements

All improvement required by this Article shall be designed, installed, and paid for by the Developer.

6.1.3 Principles of Development Design

The provisions of this Article are intended to ensure functional and attractive development. All development shall be designed to avoid unnecessary, impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

6.1.4 Applicable Regulations

The subdivision of all land within the Village shall be subject to Chapter 28 of the Miami-Dade County Code of Ordinances as administered by the Miami-Dade County Department of Public Works as well as other applicable Village Regulations including Ordinance 346 Floodplain Management Regulations.

6.2.1 Table of Lot Dimensions, Setbacks and Bulk ^** Requirements

Note 1: Maximum front yard impervious area in all districts shall not exceed 40% of front yard.

Note 2: Duplex district maximum density shall not exceed 2 dwelling units total regardless of lot area.

6.2.2 Lot Regulations

No residence may be built closer than 15 feet from corner. If a commercial use adjoins another commercial use or district, no side yard is required.

6.2.3 Building Setback Requirements

A.

Minimum Setback on Front, Side and Rear Yards.

1.

Where a residential district abuts a nonresidential district, there, shall be provided in the nonresidential district for a distance of 50 feet from the district boundary line along the same street a front yard at least equal in depth to that required in the residential district.

2.

Where the side or rear yard in a residential district abuts a side or rear yard in a nonresidential district, there shall be provided in the nonresidential district along the abutting line or lines, a side or rear yard at least equal in depth to that required in the residential district. In no case, however, shall the, abutting side yard or abutting rear yard of the nonresidential district be less than 25 feet.

B.

For buffer, screening and fence requirements see Section 6.8.

C.

Minimum Setbacks Between Buildings. The minimum distance between adjacent buildings shall be ten (10) feet, distance shall be measured at the narrowest space between structures, whether a main living unit, principal structure, an allowable attachment, or an accessory use, and shall not include roof overhang (eave).

D.

Minimum Setbacks For Buildings Exceeding 25 Feet In Height. When a building exceeds twenty-five (25) feet in height, the minimum distance from an adjacent building or property line shall be increased by two (2) feet for each story above two (2).

6.2.4 Height Regulations

A.

No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet than is permitted in the district in which the building is located as noted in the Table of Lot Dimensions,. Yard Setbacks and Bulk Requirements, except as noted in division B below.

B.

Chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, steeples, water towers, ornamental towers or spires, communications, radio or television towers, or necessary mechanical appurtenances, may be erected as to their height in accordance with existing or thereafter adopted ordinances of the Village. No tower, other than a church spire or tower, or a public building shall exceed the height regulations by more than 40%. No tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display, or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank, or other structure which extends above the height limitations.

6.2.5 Reserved

6.2.6 First Floor Elevations

A)

For concrete floors, minimum of 12 inches above crown of road or floor criteria, whichever is higher, is required.

B)

For wooden floors, the first-floor elevation shall be established so that the bottom of the floor joists are at least 18 inches above grade of building, and the grade at building line shall be a minimum of four (4) inches above the established grade for the crown of the road.

C)

See Section 10.2(B)—Specific Standards.

(Ord. No. 374, § 2, 10-20-22; Ord. No. 376, § 2, 9-19-24)

The term "living space" includes all space of the dwelling excluding balconies, garages, patios, and exterior areas of the dwelling.

A.

Square Feet Required in RU District

No residential dwelling unit constructed in the Single family Residential district shall be smaller than 1,100 square feet of living space.

B.

Square Feet Required in MER District

No dwelling unit in Medium Multiple Family Residential district shall be smaller than 800 square feet of living space.

C.

Square Feet Required in MFR District

1.

All dwelling units shall contain the following minimum amount of living space:

2.

One-bedroom dwellings: 800 square feet of living space.

3.

Two-bedroom dwellings: 950 square feet of living space.

4.

Three-bedroom dwellings: 1,150 square feet of living space.

6.4.1 General

Impervious surface on a development site shall not exceed the lot coverage maximums provided in Table 6.2.1 use net site area.

6.4.2 Maximum vehicular and impervious area of front yard - single family district.

The percentage of total front yard impervious area occupying vehicular use, aisles, driveways and walkways shall not exceed 40%.

Maximum total with impervious area. Single family impervious area shall not exceed 30% of lot area.

6.4.4 Swales

Swales shall not be paved or covered with impervious materials. Elevations shall not be changed. No improvements or changes in swale areas shall be made without a permit approved by the Village Council. Stormwater shall be run over vegetative areas prior to discharge into the Village drainage system.

(Ord. No. 370, § 2, 7-28-21; Ord. No. 374, § 2, 10-20-22)

6.5.1 When Required

Projects abutting collector or arterial facilities shall provide sidewalks adjacent to the collector or arterial roadway. Projects in Medium Multiple Family Residential, Multiple Family Residential, Restricted Commercial, General Commercial and Institutional districts shall provide sidewalks Location of sidewalks shall be consistent with planned roadway improvements.

A.

Residential projects adjacent to or in the immediate vicinity of an activity center comprised of office, service, school, or recreation activities shall provide pedestrian and bicycle access from the development to the activity center.

6.5.2 Design and Construction Standards

Design and construction of sidewalks, bikeways and vita course trails between the east side of Ludlam canal and N.W. 67 Avenue, or other footpaths shall conform to the requirements of Chapter 28, Subdivisions, Code of Miami-Dade County.

6.6.1 General

A.

Applicability. Off-street parking facilities shall be provided for all development within the Village pursuant to the requirements of this Code. All parking areas and their access driveways shall be paved. The facilities shall be maintained as long as the use exists that the facilities were designed to serve.

B.

Computation. When determination of the number of off-street parking spaces required by this Code results in a fractional space, the fraction of one-half (½) or less may be disregarded, and a fraction in excess on one-half (½) shall be counted as one (1) parking space.

Restrictions and Parking Standards

1.

Street or sidewalk areas may not be used for off-street parking purposes as herein defined. The design, number, and placement of these drives all driveways is are subject to the approval of the Village Chief Building Official in consultation with Village Attorney before being constructed.

2.

There shall be provided at the time of the erection of any main building or structure or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, floor area, or seats, or at the time any use or occupancy of an existing building is changed to a use or occupancy which increases the requirements for off-street parking, minimum off-street parking facilities with adequate provisions for ingress and egress, in accordance with divisions 1 and 2 above, and the Table of Off-Street Parking Requirements.

3.

Parking spaces for all uses or structures which are provided as required parking shall be located on the same lot, and have the same land use district as the principal use or structure they are intended to serve.

4.

(a)

In residential districts, required parking spaces for single-family and two-family dwellings may be permitted in any setback areas or yards and shall be counted as meeting off-street parking requirements except that within a required front yard all parking shall be located in a driveway or turnaround. Minimum setback shall be 5' from the property line.

(i)

Driveways/access drive/paved areas shall not extend closer than 2'-6" from any abutting property line.

(ii)

Front yard driveways/access drive/paved areas shall no extend closer than 5'-0" from any abutting property line.

(b)

In all other districts, required front, street side, or street rear yards shall not be used for off-street parking except as permitted herein; maximum of 50% of the required yards may be utilized for off-street parking and other vehicular storage or circulation provided the plan for the use is approved by the Village Chief Building Official; each parking space shall have an adequate and substantial wheel stop located at least six (6) feet from any abutting property line and parking area surfaces shall not extend closer than five feet from any abutting property line; all parking areas shall have each parking space and aisle marked; all parking areas shall be landscaped based on the landscape requirements of this code.

(c)

Minimum distance between driveways is 10 feet.

5.

No curbs or sidewalks may be cut or altered in any manner without a permit from the Village and all other applicable county and state agencies. The Florida Department of Transportation, District 6 Permits Engineer must approve any and all driveway changes, modifications, additions or alterations in any manner on NW 36th Street prior to site plan submittal to the Village.

6.

Swale areas are not to be considered or counted as authorized parking spaces. (See Sec. 12-26, Village Code)

7.

Parking requirements may be relaxed for mixed-use developments with a parking management plan that is reviewed by the Village Planning and Zoning Board and approved by the Village Council.

8.(A)

Commercial/Multifamily.

i.

Driveways/access drives and paved areas shall be placed 5 feet from property line.

ii.

Provide 5' foot radius at driveway entrance.

8.(B)

Residential—One and Two Units.

i.

Driveways/access drives paved area minimum 2'-6" from property line.

ii.

Include 2'-6" radius at driveway entrance.

9.

Number of paved driveways.

i.

One Double Driveway - 16 ft. wide.

ii.

Two Driveways - 12 ft. wide each.

iii.

minimum 10 ft. distance between driveways.

6.6.2 Table of Off-Street Parking Requirements

6.6.3 Special Parking Spaces

A.

Accessible Parking Spaces. Any parking area to be used by the general public shall provide suitable, marked parking spaces for disabled persons. The number, design, and location of these spaces shall be consistent with the standards contained in the Florida Building Code, or succeeding provisions.

B.

Access for Disabled Persons. Access to each principal building shall be provided from rights of way and parking areas by means of a hard-surfaced pathway leading to at least one entrance generally used by the public. The pathway shall be at least five (5) feet wide, unobstructed, and devoid of curbs, stairs or other abrupt changes in elevation. Ramps shall be designed in accordance with the ramp requirements of the Florida Building Code, or succeeding provisions.

(Ord. No. 374, § 2, 10-20-22; Ord. No. 376, § 2, 9-19-24)

6.7.1 General

Spaces to accommodate off-street loading or business vehicles shall be provided as required below.

6.7.2 Off-Street Loading Requirements

In any district, in connection with every building, building group, or part thereof, thereafter erected and having a gross floor area of 4,000 square feet or more, which is to be occupied by multi-family, commercial, institutional or other uses similarly requiring the receipt of distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same lot with the building, off-street loading or unloading berths as shown below.

TABLE OF OFF-STREET LOADING SPACES

The loading berths required in each instance shall not be less than 12 feet in width, 30 feet in length, and 14 feet in height. The length of one or more of the loading spaces may be increased up to 55 feet if full-length tractor-trailer must be accommodated. Berths may occupy all or any part of any required yard except for a required front yard.

6.7.3 Placement of Garbage, Waste, and Recycling Containers, Dumpsters, and Bins

A.

Residential Properties

As to all residential properties with less than four (4) dwelling units, and which do not utilize dumpsters for garbage or recycling collection, the following shall govern the placement, location, and maintenance of all containers, reservoirs, and bins used for depositing or disposing of garbage, waste, and recycling:

(1)

Garbage and waste shall be placed for pick-up only after 6:00 p.m. on Monday and Thursday, which are the nights, preceding the scheduled dates for garbage and waste pickup in the Village.

(2)

All garbage and waste receptacles shall be removed no later than 8:00 p.m. on Tuesday and Fridays from the swale area and/or the proximity of the front property line and placed in an area behind the front property line of said property.

(3)

Recycling bins shall be placed for pickup only after 6:00 p.m. on Monday, which is the night preceding recyclable pick up in the Village.

(4)

All recycling bins shall be removed no later than 8:00 p.m. on Tuesday from the swale area and/or proximity of the front property line and placed in area behind the building line of said property.

B.

Commercial and Multi-Family

As to all commercial and multi-family residential properties with five (5) or more dwelling units, and which utilize dumpsters for garbage or recycling collection, the following shall govern the placement, location, and maintenance of all containers, reservoirs, and bins used for depositing or disposing of garbage, waste, and recycling:

(1)

Location: All dumpsters, and other receptacles used in conjunction therewith, if utilized for garbage, waste, and recycling collection in all applicable areas shall be kept in a location that is easily accessible to garbage and recycling collectors, but shall not be placed upon any street, sidewalk, alley or public place or in any location that obstructs or interferes with pedestrian or vehicle travel or movement.

(2)

Enclosure Required: All of the dumpsters and collection receptacles shall be placed and maintained within opaque enclosures of wood or masonry construction so as not to be visible from the street and from abutting properties. Multi-family properties and commercial establishments that can be automated by utilizing garbage and recycling automated containers shall be required to maintain a landscaped enclosure area surrounding the automated collection equipment, subject to the visibility requirements of this Article, adjacent to a driveway or roadway for collection by the automated truck.

(3)

Placement of Enclosures: Enclosures shall be located not less than ten (10) feet away from any street right-of-way (except service alleys), and shall be located as to facilitate safe vehicular movement and be convenient for users and accessible to servicing vehicles. All enclosures shall be required to provide a minimum visibility clearance at street and driveway intersections as follows:

(i)

At street intersections, no enclosure shall be located within an area twenty five (25) feet along each intersection right-of-way, and then connecting the ends of the lines.

(ii)

At intersections of driveways and streets, no enclosure shall be located within an area ten (10) feet along each intersecting line and then connecting the ends of the lines.

(iii)

The Village Building Official shall have the discretion to permit the enclosure to be located in a setback area or a parking space required under this Code when no other suitable location exists on the property.

(4)

Construction Standards for Enclosures: All exterior garbage and recycling container enclosures shall be constructed to comply with the following standards:

(i)

Florida Building Code: The construction of any wood or masonry enclosures shall comply with, and be predicated on the current requirements of the Florida Building Code.

(ii)

Height: The enclosure walls and gates must be at least six (6) feet in height, but never less than eight (8) inches above the height of the container, so as to conceal the dumpster or container from view. The gate shall have a clearance on the bottom of no less than twelve (12) inches, so as to permit viewing of the enclosed area.

(iii)

Base or Foundation: The base of the enclosure shall be a hard-paved surface of asphalt or poured concrete with dimensions at least twenty four (24) inches larger on all sides than the container to be located upon the base. The minimum inside dimensions of any enclosure shall be no less than six (6) feet by six (6) feet. The base shall be equipped with a drain and trap where a drain or trap is required by the applicable building codes and designed in a manner so as to drain only the area of the enclosure base. The access drive to the enclosure shall be designed to bear the weight of a garbage truck and shall be so maintained. Concrete wheel stops or similar material shall be placed at the side and rear of the enclosure six (6) inches from the walls to prevent the container from striking the walls of the enclosure.

(iv)

Grade of Materials: Only pressure treated wood, block and stucco shall be used to construct the enclosures. No chain link or chain link with slats shall be used to construct the enclosures. Enclosure types shall be constructed of or with quality materials of sufficient strength and assembly to withstand the elements and normal daily use of garbage disposal and pickups. Enclosures constructed of wood shall be assembled utilizing pressure-treated wood and sufficient vertical and lateral support bracing as approved by the building official at the time of permit application. When masonry construction is required or used, all exterior walls shall be stucco-d and painted to present a finished appearance.

(v)

Gates: The gates shall be attached to metal posts a minimum of three inches in diameter with a minimum of three hinges per post. Each gate shall have a wheel at the bottom to prevent it from sagging. The gates shall have drop pin/rods to hold them in place in both the open and closed position. The gate shall have a clearance on the bottom of no less than twelve (12) inches, so as to permit viewing of the enclosed area.

(vi)

Pedestrian Access: All enclosures constructed for use on multi-family residential property shall be constructed with a thirty-six (36) inch opening on one side as a pedestrian access to the enclosure which shall enable a person to walk into the enclosure to deposit trash, and shall be located immediately adjacent to one of the opaque gates. The pedestrian opening shall be screened from view by a wood fence six (6) feet in height, or by landscaping of equal minimum height so planted as to provide maximum capacity. A walkway of concrete or asphalt shall be provided for the pedestrian opening that is a minimum of thirty (30) inches in width.

(vii)

Appearance and Maintenance Standards: All exterior garbage and recycling container enclosures shall be required to comply with the following standards:

(a)

All exterior and interior walls and gates of both wood and masonry enclosures shall be painted in a color which is compatible with the color of the building or buildings it serves. Patchwork painting is prohibited.

(b)

Signage of any type or graffiti is not permitted on the walls and gates of any enclosure. All graffiti shall be painted over within five (5) week days after it is discovered.

(c)

Enclosures shall be maintained in good condition and appearance at all times. Peeling, fading, or chipped paint shall be restored; and, any structural damage shall be repaired.

(d)

Trash, garbage, or recycling materials shall be kept in the container at all times, and the container shall have a lid or cover that is kept closed at all times. Trash, garbage, or recycling materials shall not be placed around the container or anywhere outside of the enclosure.

(e)

Enclosure gates shall be kept closed and secured, except when materials are being placed in the container or the container is serviced.

6.7.4 Marking

Designated loading spaces shall be marked on the surface of the loading space with paint or permanent marking materials and maintained in clearly visible condition.

A.

Where any nonresidential use directly abuts a residential use district or where a multifamily residential use abuts a lower density residential use district it shall be screened from the adjoining residential use in both of the following ways:

1.

By a finished block wall, stucco on block, painted, six feet in height, as measured by the crown of the road adjacent to the property wherein the wall is being constructed. The wall shall be located completely within the limits of the lot, and shall have equal architectural treatment on both sides, and a maintenance easement shall be provided.

2.

By landscaping in the form of a hedge at least four feet in height arranged to form a solid hedge within the limits of the ten foot buffer zone or trees at least eight feet in height and ten feet apart.

3.

Each individual property owner shall be responsible for the maintenance of their individual side of wall or landscaping.

B.

Plans and design for the installation of required buffers and screens shall be reviewed as an element of a site plan review or, for the case where a site plan review is not required, in the same manner as a site plan review prior to the issuance of a building permit for such uses as are required by this chapter.

C.

Any required buffers or screening shall be maintained in good order to achieve the objectives of this section. Failure to do so shall be considered a violation of this Code.

D.

No fence or wall shall be permitted in any front yard.

E.

The garden wall, fence, or hedge shall be permitted in street side yards.

F.

Any wall, fence, or hedge located adjacent to a public right-of-way or property line shall be placed with the finished side facing that right-of-way.

G.

No wall, fence, or hedge shall be constructed or installed in such a manner as to interfere with drainage on the site.

H.

Any encroachment of a wall into a utility easement shall be supported by a letter from the respective utility authorizing said encroachment prior to obtaining the building permit.

I.

Nothing shall be erected, placed, planted, or allowed to grow in such a manner as to form a material impediment to visibility between the heights of three (3) feet and eight (8) feet above the street grade level crown within visibility triangles described below and illustrated in the right of way planting and cross visibility exhibit.

1.

At street intersections: such visibility triangles shall be maintained to include an area bounded by the first twenty (20) feet along the intersecting edges of the right-of-way (or base building line), projected when rounded, and a line running across the lot and connecting the ends of such twenty-foot lines.

2.

At intersections of driveways with streets: such visibility triangles shall be maintained to include an area bounded by the first ten (10) feet along the intersecting edges of the base building line and the driveway, projected when rounded, and a line running across any intervening right-of-way and the lot and connecting the ends of such ten-foot lines.

J.

The maximum height for any fence or wall is six (6) feet.

K.

Mechanical Equipment. All roof or floor mounted equipment, including AC units and pool equipment shall be screened from view from the public right-of-way, except for solar panels when the most efficient angle of sunlight would be visible from a public right-of-way.

L.

The installation, erection, or placement of any type of fence or fencing along any property or area which faces, abuts, or is within twenty (20) feet of the public thoroughfare anywhere along Curtiss Parkway (NW 57th Avenue) and/or along NW 36th Street is prohibited, unless the fence or fencing is setback no less than thirty-five (35) feet from the property line closest to Curtiss Parkway (NW 57th Avenue) and/or NW 36th Street.

(Ord. No. 374, § 2, 10-20-22; Ord. No. 376, § 2, 9-19-24)

A.

Curbing Requirement

1.

Curbing shall be required for the purposes of drainage, safety, and delineation and protection of pavement edge along streets in the following cases:

a.

Along designated on street parking.

b.

Where the surface drainage plan requires curbing to channel stormwater.

2.

All curbing shall conform to the construction standards in the Chapter 28, Subdivisions, Code of Miami-Dade County.

6.10.1 Tree Protection Standards

Lots or parcels of land shall comply with all provisions of the Village Tree Ordinance, relating to removal, planting, trimming, pruning, cutting and maintaining trees and shrubbery. In addition, the Village adopts the requirements of the Miami-Dade Landscaping Ordinance Chapter 18A and 18B of the Code of Miami-Dade County.

6.10.2 Additional Exemptions from the Tree Protection Standards

Any utility operators, whether publicly or privately owned, may remove trees and shall comply with all provisions of the Village Tree Ordinance and all applicable Miami-Dade County permits. When needed to restore interrupted service under emergency conditions, utility operators may remove trees immediately and without prior written notice.

6.10.3 Required Landscaping and Landscaping Plans

A.

Landscaped Open Space

1.

A minimum of ten (10) percent of the net lot area of the site shall be developed as landscaped open space; provided, however, that a commercial use site that abuts a residential use site shall provide fifteen (15) percent of the net lot area as landscaped open space. Said space may include entrance features, unpaved passive areas, and other similar landscaped open space at ground level (see Section 6.8 Buffer, Screening and Fence Requirements).

2.

Minimum standards or requirements for landscaping and irrigation within the Village, if not addressed by, or in conflict with, this Code, shall be governed by the following, as may be amended:

A.

Chapter 18A, Miami-Dade County Landscaping Ordinance and Landscape Manual

B.

Chapter 18B, Miami-Dade County Right-of-Way Landscape Ordinance

C.

Section 32-8.2, Miami-Dade County Permanent Landscape Irrigation Restrictions

D.

Chapter 24, Miami-Dade County Environmental Protection Ordinance

B.

Transition Zones Standards

1.

A transition zone is a landscaped strip along parcel boundaries that serves as a buffer/screen between incompatible use districts, as an attractive boundary of the parcel or use, or as both a buffer and attractive boundary

2.

The width and degree of vegetation required depends on the nature of adjoining thoroughfares and uses. The standards in the subsections below prescribe the required width and landscaping for buffer zones. The desired width of a transition zone between two parcels is the sum of the required such zones of the parcels.

3.

Required landscaping of transition zones: width plants per hundred (100) linear feet.

To determine the total number of plants required, the length of each side of the property requiring a suffer shall be divided by one hundred (100) and multiplied by the number of plants required in the table. The plants shall be spread reasonably evenly along the length of the buffer.

4.

Where a residential use is proposed next to an existing non-residential use, or a non residential use is proposed next to an existing residential use, and the existing use does not have a conforming transition zone abutting the property proposed for development, the proposed use shall provide eighty (80) percent of the combined required transition zones of the two uses. Where an existing use has a buffer or screening zone, but such zone does not meet the requirements of this Code, the proposed use may provide less than eighty (80) percent of the combined required buffer zones if the provision of such lesser amount will create a transition zone meeting one hundred (100) percent of the combined required transition zone of the two uses. The Village Chief Building Official in consultation with Village Attorney shall determine which areas may be counted as transition zone of the existing use based on the buffering qualities of the areas.

C.

Street Trees/Hedges

1.

The developer shall plant, within seven (7) feet of the pavement edge of each street on a residential street, twelve (12) feet on arterial streets, one shade tree for every forty (40) linear feet of right-of-way. Except where property on one side of the right of way is not owned by the developer, the trees shall be planted alternately on either side of the street. Existing trees and native tree species that need less water and maintenance are preferred. (Refer to Exhibit 1, Right of Way Planting and Triangles of Cross Visibility)

2.

Trees planted pursuant to this section shall have a minimum overall height of ten (10) to twelve (12) feet at time of planting.

3.

Hedges have a minimum overall height of two and a half (2.5) feet at time of planting.

D.

Use of Required Areas

No accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this Code shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities.

E.

Landscaping Plans

The applicant in making any request for landscaping approval or for approval of building plans under applicable ordinances and resolutions of the Village shall provide landscaping plans to the reviewing authorities responsible for such approval. This section shall not be applicable to approval of building plans for single-family dwellings.

6.10.4 Landscape Design and Materials

A.

Design Principles

1.

All landscaped areas required by this Code should conform to the following design principles:

2.

Landscaping should integrate the proposed development into existing site features through consideration of existing topography, hydrology, soils and vegetation.

3.

The functional elements of the development plan, particularly the drainage systems and internal circulation systems for vehicles and pedestrians, should be integrated into the landscaping plan.

4.

Landscaping should be used to minimize potential erosion through the use of ground covers or any other type of landscape material that aids soil stabilization.

5.

Existing native vegetation should be preserved and used to meet landscaping requirements.

6.

Landscaping should enhance public safety, minimize nuisances and aid in reduction of air pollution.

7.

Landscaping should maximize the shading of streets and vehicle use areas.

8.

The definitions of various types of vegetation and of swale area contained in the Village Tree Ordinance applies.

B.

Prohibited Plants

Listing of all prohibited trees and plant material, native and approved non-native trees and approved shrubs and ground covers shall be found in the Miami-Dade County Comprehensive Development Master Plan Conservation, Aquifer Recharge and Drainage Element — Policy CON-81 (Prohibited species list), and the Miami-Dade County Landscape Manual, as may be amended.

1.

Prohibited trees and plant material are prohibited and shall be removed from sites and shall not be planted, grown, or offered for sale in the Village

2.

Native and approved non-native trees with a diameter at breast height of less than 2.5 inches and less than 16 feet in height, and trees which are diseased or weakened by age or injury shall not qualify as approved native or non-native trees for the purpose of replacement.

C.

Irrigation

All landscaped areas shall be provided with an appropriate irrigation system that conforms to the Florida Building Code. If a landscaped area contains primarily species native to the immediate region, or plants acceptable for xeric landscaping, the Village Chief Building Official in consultation with Village Attorney may waive the requirement for installation of an irrigation system. Consideration of a waiver of the irrigation requirement shall include, in addition to the area covered by native vegetation, such local conditions as sun or shade, use of fill soil, and depth to water table.

D.

Maintenance and Replacement of Plants

1.

All required plants shall be maintained in a healthy, pest-free condition.

2.

Within six (6) months of a determination by the Village Chief Building Official in consultation with Village Attorney that a plant is dead or severely damaged or diseased, the plant shall be replaced by the developer in accordance with the standards specified in this Code.

(Ord. No. 374, § 2, 10-20-22)

6.11.1 Relationship to Other Stormwater Management Requirements

In addition to meeting the requirements of this Code, the design and performance of all stormwater management systems shall comply with applicable state regulations (Chapter 17-25, Florida Administrative Code) or rules of the Miami-Dade Department of Environmental Resources Management (DERM), and Article 10 of this Code. In all cases the strictest of the applicable standards shall apply.

6.11.2 Stormwater Management Requirements

A.

Performance Standards

Developments must be designed, constructed and maintained to meet the performance standards:

1.

Stormwater Runoff

Stormwater runoff, while development activity is underway, shall approximate the rate, volume, quality, and timing of stormwater runoff that occurred under the site's natural unimproved or existing state. After completion of any segment or phase of development, the development shall conform to the Village's level of service standards for drainage (See Article V, Concurrency Determinations).

B.

Water Quality

The proposed development and development activity shall not violate the water quality standards as set forth in Chapter 17-3, Florida Administrative Code.

6.11.3 Design Standards

To comply with the foregoing performance standards, the proposed storm water management system shall conform to the following standards:

A.

To the maximum extent practicable, natural systems shall be used to accommodate stormwater.

B.

The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development and stormwater that flows onto or across the development from adjacent lands. The proposed stormwater management system shall be designed to function properly for a minimum twenty (20) year life.

C.

The design and construction of the proposed stormwater management system shall be certified as meeting the requirements of this Code by a professional engineer registered, in the State of Florida.

D.

No surface water may be channeled or directed into a sanitary sewer.

6.12.1 Requirements for all Developments

A.

Water and Sewer

(a)

Every principal use and every lot within a subdivision shall have central potable water and wastewater hookup wherever and whenever required by the Village Comprehensive Plan and Miami-Dade County Water and Sewer Department.

(b)

Owners of property within the Village that require additional waterlines to service said property shall pay the entire cost of the installation of said waterlines from the existing waterline to the point furthest of the property line under development and in the size as determined by the Village Mayor or designee.

B.

Fire Hydrants

All developments served by a central water system shall include a system of comply with Miami-Dade County Fire Department regulations for fire hydrants.

6.12.2 Design Standards

A.

Compliance with the South Florida Building Code

All utilities required by this Code shall meet or exceed the minimum standards contained in the Florida Building Code and the Level of Service (LOS) standards given in the Comprehensive Plan.

B.

Placement of Utilities Underground

1.

All electric, telephone, cable television, and other communication lines (exclusive of transformers or enclosures containing electrical equipment including, but not limited to, switches meters, or capacitors which may be pad mounted), and gas distribution lines shall be placed underground within easements or dedicated public rights-of-way.

2.

Screening of any utility apparatus placed above ground shall be required. Screening should consist of landscaping to the extent as to be sufficient to conceal the equipment from view.

C.

Prohibition of Above-Grade Poles

The installation of poles or other overland structures for the purpose of carrying lines and/or cables is prohibited.

6.12.3 Utility Easements

When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.