HomeMy WebLinkAboutItem #7-Landscape Ord.-PAB_9-16.09PLANNING FACT SHEET
LEGISTAR FILE ID: 09-00949zt September 16, 2009 Item # P.7
APPLICANT Pedro G. Hernandez, City Manager on behalf of the City of
Miami
REQUEST/LOCATION Citywide
LEGAL DESCRIPTION See supporting documentation
PETITION A Resolution of the Miami Planning Advisory Board
recommending approval or denial of an Ordinance of the
Miami City Commission, amending Ordinance No. 11000,
as amended, the Zoning Ordinance of the City of Miami,
Florida, to provide for a new Article No. 8.2 entitled
Landscape Ordinance; containing short title and
applicability, intent and purpose, definitions, plans required,
minimum standards, plan review criteria, enforcement,
maintenance and policies that encourage the use of
environmentally preferable landscape and irrigation
methods for the City of Miami ("City"); containing a
severability clause, and providing for an effective date.
PLANNING RECOMMENDATION APPROVAL
BACKGROUND AND ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
The purpose of the Landscape Ordinance is to establish
minimum landscape standards that apply to all public and
private development when a permit is required. The intent
of the ordinance is to enhance, improve and maintain the
quality of the landscape, and to promote the use of drought
tolerant plant species and irrigation systems that conserve
the use of water supplies. In addition, to promote street tree
plantings, expand the City's existing tree canopy, conserve
energy, and help to offset local heat island effects.
VOTE:
...................................................................................................................................................................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
....................................................................................................................................................................................................................................................................................................................................
Date Printed: 9/3/2009 Page 1
rfi
City of Miami
�s3
Iri
r nk °• '
Legislation
f (d 7 ;
PAB Resolution
File Number: 09-00949zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR A
NEW ARTICLE NO. 8.2, ENTITLED LANDSCAPE ORDINANCE; CONTAINING
SHORT TITLE AND APPLICABILITY, INTENT AND PURPOSE, DEFINITIONS,
PLANS REQUIRED, MINIMUM STANDARDS, PLAN REVIEW CRITERIA,
ENFORCEMENT, MAINTENANCE AND POLICIES THAT ENCOURAGE THE USE
OF ENVIRONMENTALLY PREFERABLE LANDSCAPE AND IRRIGATION
METHODS FOR THE CITY OF MIAMI ("CITY"), CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the conservation of potable water and efficient and effective landscaping and
irrigation will ensure sustainable population growth and promotes the general well-being; and
WHEREAS, the Florida Department of Environmental Protection issued the "Landscape
Irrigation & Florida -Friendly Design Standards" in December 2006 to provide specific
recommendations for outdoor water conservation measures and the use of appropriate plant
materials; and
WHEREAS, on February 22, 2007, the City Commission adopted the recommendations of the
City's Tree Master Plan which addresses key urban forestry principles such as tree selection, proper
installation, and maintenance of trees; and
WHEREAS, on September 25, 2008 the City Commission adopted the recommendations of
MiPlan, the City of Miami Climate Action Plan, which calls for promotion of green building programs;
and
WHEREAS, on May 5, 2009, the Board of County Commissioners adopted revisions to
Chapter 18A of the Code of Miami -Dade County, the Landscape Ordinance which applies to the City
of Miami and other municipalities; and
WHEREAS, the differences in zoning designations between the City and County necessitate
the City to adopt the City of Miami Landscape Ordinance to establish minimum landscape standards to
be applied to all public and private development when a permit is required and to be enforced by the
City; and
WHEREAS, the attached Landscape Ordinance will also assist the City to address water
conservation issues, use of alternative water supplies and appropriate landscaping; and
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 16, 2009, Item
Cite of _Miami Page I of 19 Printed On: 91312009
File Number: 09-00949zt
No. P.7, following an advertised hearing, adopted Resolution No. PAB _ by a unanimous vote,
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is
hereby amended by amending the text of said Ordinance by adding a new Article as follows:
ARTICLE 8.2 LANDSCAPE ORDINANCE
Sec. 8.2.1. Intent and Purpose.
It is the intent of this article to establish minimum landscape standards for the City of Miami
that enhance, improve and maintain the quality of the landscape, and to:
Promote Florida Friendly landscaping principles through the use of drought tolerant plant
species, grouping of plant material by water requirements, the use of irrigation systems that conserve
the use of potable and non potable water supplies and restrictions on the amount of lawn areas.
Florida Friendly landscape principles also promote planting the right plant in the right place and
appropriate fertilization and mulching.
Use landscape material, specifically street trees, to visually define the hierarchy of
roadways, and to provide shade and a visual edge along roadways.
Prevent the destruction of the City's existing tree canopy and promote its expansion.
Provide for the preservation of existing Natural Forest Communities and specimen sized
trees in conformance with existing City and County codes, as may be amended from time to time;
re-establish native habitat where appropriate, and encourage the appropriate use of native plant
materials in the landscape.
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.
Contribute to the processes of air movement, air purification, oxygen regeneration, ground
water recharge, and stormwater runoff retention, while aiding in the abatement of noise, glare, heat, air
pollution and dust generated by major roadways and intense use areas.
Improve the aesthetic appearance of commercial, industrial and residential development
through the use of appropriate plant materials, thereby protecting and increasing property values
within the City, and protecting designated historic landscapes.
Reduce the negative impacts of exotic pest plant species and prohibit the use of noxious
exotic plants which invade native plant communities.
Promote the use of trees to protect and buffer the effects of high winds on structures.
Promote proper landscaping methods and selection of plant materials to avoid problems
such as clopped sewers, cracked sidewalks and power services interruptions.
City of Miami Page 2 of 19 Printed On: 91312009
File Number: 09-00949zt
Sec. 8.2.2. Short title and applicability.
Title. This article shall be known and may be cited as the "City of Miami Landscape
r)rrJinnnrrc"
Applicability.
M This article shall be a minimum standard and shall apply to the City of Miami, and shall be
enforced by the City.
The provisions of this article shall be considered minimum standards and shall apply to all
public and private development when a permit is required, except for existing attached and
detached single family and duplex dwellings, including any future additions or expansions
shall be exempt from the provisions of this article.
Existing development shall only be required to comply with the street tree requirements and
parking lot buffers. Parking lot buffers will not be required if inadequate area exists which
will cause the elimination of any required parking pursuant to the City code or Zoning
Ordinance. The provisions of this subsection shall only apply where a building permit is
required for expansion of parking areas.
Sec. 8.2.3 Definitions.
The definitions contained in Ordinance No. 11000, the Zoning Code of the City of Miami, Florida, shall
apply except as otherwise changed herein:
Automatic Irrigation System: An irrigation system with programmable controller or timing
mechanism.
Buffer, perimeter landscape: An area of land which is set aside along the perimeter of a parcel of
land in which landscaping is required to provide an aesthetic transition between different land uses and to
eliminate or reduce the adverse environmental impact, and incompatible land use impacts.
Caliper: For trees under four (4) inches in diameter, the trunk diameter measured at a height of six
(6) inches above natural grade. For trees four (4) inches and greater in diameter, the trunk diameter
measured at twelve (12) inches above natural grade.
Clearance pruning: Pruning required to avoid damage or danger related to structures, power
distribution and property, as defined in the current ANSI A300 Standards.
Controlled plant species: Those plant species listed in the Landscape Manual which tend to
become nuisances because of their ability to invade proximal native plant communities or native habitats,
but which, if located and cultivated properly may be useful or functional as elements of landscape design.
Diameter at breast height (DBH): Diameter of a tree's trunk measured at a height four and
one-half (4.5) feet above natural grade. In the case of multiple -trunk trees, the DBH shall mean the sum of
each trunk's diameter measured at a height of four and one-half (4.5) feet above natural grade.
Differential operation schedule: A method of scheduling an irrigation system to apply different
quantities of water, and/or apply water at different frequencies as appropriate, for different hydrozones.
Dissimilar land uses: Proximate or directly associated land uses which are contradictory,
incongruous, or discordant such as higher intensity residential, commercial or industrial uses located
adjacent to lower intensity uses.
Drip Line: An imaginary vertical line extending from the outermost horizontal circumference of a
tree's branches to the around.
City of Miami Page 3 of 19 Printed On: 91312009
File Number: 09-00949zt
Emitters: Devices which are used to control the discharge of irrigation water from lateral pipes.
Energy conservation zone: A zone located no more than twenty-two (22) feet from a structure in a
one hundred eighty (180) degree band from due east of the northeast point of the structure, to due south,
to due west of the northwest point of the structure.
Environmentally Endangered Lands: Lands that contain natural forest, wetland or native plant
communities, rare and endangered plants and animals, endemic species, outstanding geologic or other
natural features, or land which functions as an integral and sustaining component of an existing
ecosystem.
Existing development: Existing development shall mean a site with structures that were legally
approved through the issuance of a certificate of use or certificate of occupancy as of the effective date of
this chapter.
Facultative: Plants with a similar likelihood of occurring in both wetlands and uplands, which are
not recognized indicators of either wetland or upland conditions.
Florida Friendly Landscaping: Describes best practices, materials or actions developed by the
Florida Yards & Neighborhood Program that help to preserve Florida's natural resources and protect the
environment.
Florida Yards & Neighborhood Program: Is a partnership of the University of Florida/Institute of
Food and Agricultural Sciences, Florida's water management districts, the Florida Department of
Environmental Protection, the National Estuary Program, the Florida Sea Grant College Program and
other agencies, managed locally by the Miami -Dade Cooperative Extension Division of the Consumer
Services Department.
Forbs: Herbaceous plants other than grasses.
Geoloaic feature: A natural rock or mineral formation.
Gravwater: That portion of domestic sewaae emanatina from residential showers. residential
bathroom washbasins, or residential clothes washing machines.
Ground cover: A dense, extensive growth of low-growing
plants, other than turfgrass, normally
reaching an average maximum height of not more than twenty-four (24) inches at maturity.
Hatrack: To flat -cut the top of a tree, severing the leader or leaders, or the removal of any branch
three (3) inches or greater in diameter at any point other than the branch collar.
Hazard pruning: The removal of dead, diseased, decayed, or obviously weak branches two (2)
inches in diameter or greater.
Head: A sprinkler head that provides above ground or overhead irrigation.
Heat island: An unnaturally high temperature microclimate resulting from radiation from unshaded
impervious surfaces.
Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs, not necessarily
of the same species.
Herbaceous plant: A plant having little or no woody tissue.
Hydromulch: A sprayed application of seed, mulch and water.
Hydrozone: A zone in which plant material with similar water needs are grouped together.
Included bark: Bark that is pushed inside a developing crotch, causing a weakened structure.
Irrigation detail: A graphic representation depicting the materials to be used and dimensions to be
met in the installation of the irrigation system.
Irrigation plan: A plan drawn at the same scale as the landscape plan, indicating location and
City of Miami Page 4 of 19 Printed On: 91312009
File Number: 09-00949zt
specification of irrigation system components and other relevant information as required by this chapter.
Irrigation system: A system of pipes or other conduits designed to transport and distribute water to
keep plants in a healthy and vigorous condition.
Landscape feature: Trellis, arbor, fountain, pond, garden sculpture, garden lighting, decking,
patio, decorative paving, gazebo and other similar elements.
Landscape Manual: An illustrative interpretation of the standards provided in this code and
suggested guides for landscaping in accordance with these standards. Includes native and non-native
plant lists. The manual is developed by the Miami -Dade County Department of Planning and Zoning and
adopted by resolution of the Board of County Commissioners.
Landscape material: Plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees and
non -living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials.
Landscape plan: A plan indicating all landscape areas, stormwater retention/detention areas,
areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained,
proposed plant material, landscape legend, landscape features, planting specifications, and details, and
all other relevant information in compliance with this article.
Lawn area: An area planted with lawn grasses.
Manual irrigation system: An irrigation system in which control valves and switches are manually
operated rather than operated by automatic controls.
Moisture and rain sensor switches: Devices which have the ability to switch off an automatic
irrigation controller after receiving a predetermined amount of rainfall or moisture content in the soil.
Mulch: Materials customarily used in landscape design to retard erosion, weed infestation, and
retain moisture and for use in planting areas.
Native habitat: An area enhanced or landscaped with an appropriate mix of native tree, shrub and
groundcover species that resembles a native plant community or Natural Forest Community in structure
and composition or is naturally occurring.
Native plant species: Plant species with a geographic distribution indigenous to all or part of
Miami -Dade County. Plants which are described as being native to Miami -Dade County in botanical
manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela, are native plant
species within the meaning of this definition. Plant species which have been introduced into Miami -Dade
County by man are not native plant species.
Native plant community: A natural association of plants dominated by one (1) or more prominent
native plant species, or a characteristic physical attribute.
Natural Forest Community: All assemblages of vegetation designated as Natural Forest
Communities on the Miami -Dade County Natural Forest Community Maps and approved by the Board of
County Commissioners, pursuant to Resolution No. R-1764-84 and further defined in Section 24-5 of the
Miami -Dade County Code.
Planting detail: A graphic representation of the plant installation depicting the materials to be used
and dimensions to be met in the placement of plants and other landscape materials.
Prohibited plant species: Those plant species listed in the Miami -Dade County Landscape Manual
which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety,
and welfare.
Shrub: A self-supporting woody perennial plant normally growing to a height of twenty-four (24)
inches or areater. characterized by multiple stems and branches continuous from the base.
City of Miami Page 5 of 19 Printed On: 91312009
File Number: 09-00949zt
Site plan: A comprehensive plan drawn to scale indicating appropriate site elevations, roadways,
and location of all relevant site improvements including structures, parking, other paved areas, ingress
and egress drives, landscaped open space and signage.
Specimen tree: A tree with any individual trunk which has a DBH of eighteen (18) inches or
greater, but not including the following:
1. All trees listed in Section 24-49(4)(f) of the Miami -Dade County Code of Ordinances;
2. Non-native fruit trees that are cultivated or grown for the specific purpose of producing
edible fruit, including, but not limited to, mangos, avocados, or species of citrus;
3. Non-native species of the genus Ficus, except Ficus altissima (Lofty Fig) and Ficus
benghalensis (Banyan Tree), and
4. All multitrunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix
reclinata which have a minimum overall height of fifteen (15) feet.
Spray head: An irrigation device which applies water to the soil or plant surface by fixed spray or
mist nozzles.
Sprinkler Head: A sprinkler head that provides above ground or overhead irrigation.
Stabilized lawn area: An area of ground underlain with structural support in the form of grass
pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles,
fire trucks and garbage trucks.
Stormwater retention/detention area: An area designed, built and used for temporary storage of
stormwater. For purposes of this chapter, these areas are intended to be permanently exempt from
wetland regulations.
Street Tree Master Plan: A greenprint for Miami -Dade County as adopted by the Board of County
Commissioners on March 6, 2007 and as revised from time to time and the City of Miami Tree Master
Plan, as adopted by the City Commission on February 22, 2007.
Tree abuse: Tree abuse shall include: Damage inflicted upon any part of a tree, including the root
system, by machinery, construction equipment, cambium laver penetration, storage of materials, soil
compaction, excavation, chemical application or spillage, or change to the natural grade; Hatracking;
Girdling or bark removal of more than one-third ( 1/3) of the tree diameter; Tears and splitting of limb ends
or peeling and stripping of bark resulting from improper pruning techniques not in accordance with the
current ANSI A300 Standards and/or excessive root cutting.
Tree canopy: The aerial extent of the branches and foliage of a tree as defined by the drip line.
Temporary irrigation systems: A system including surface distribution elements (hose, pipe, etc.)
which may be easily removed when landscape is established.
Understory: The complex of woody, fibrous, herbaceous, and graminoid plant species that are
typically associated with a Natural Forest Community, native plant community, or native habitat.
Vegetation required to be preserved by law: Portions of a site, including but not limited to
specimen trees, Natural Forest Communities and native vegetation which are clearly delineated on site
plans, plats, or recorded restrictions, or in some other legally binding manner that are to be protected from
any tree or understory removal or effective destruction and maintained without any development.
Vegetation survey: A drawing provided at the same scale as the landscape plan which includes
relevant information as required by this chapter.
Vehicular use area: A hard surface area designed or used for off-street parking and/or an area
used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor
vehicles.
City of Miami Page 6 of 19 Printed On: 91312009
File Number: 09-00949zt
Vine: A plant with a flexible stem which normally requires support to reach mature form.
Xeriscape: A landscaping method that employs drought tolerant plants in an effort to conserve
resources, especially water.
Sec. 8.2.4. Plans required.
8.2.4.1. General.
Landscape plan(s) shall be approved by the Office of Zoning, and where required pursuant to this
code, an irrigation plan shall be approved by the Building Department prior to the issuance of any building
permit or paving for new parking areas or expansion of existing parking areas.
8.2.4.2 Landscape plans.
8.2.4.2.1. Owner - builder single family or duplex dwelling:
Landscape plan(s) submitted for new one (1) family or duplex dwellings may be in the form of a
plot plan or drawing prepared by the owner or the owner's representative, provided however,
developments requiring review before the Urban Development Review Board shall provide Landscape
Plans prepared by, and that bear the seal of, a landscape architect licensed to practice in the State of
Florida, or by persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans or
drawings.
8.2.4.2.2. All other development:
The landscape plan for development other than provided for in subsection (1) above. shall be
Prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by
persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans or drawings. Preliminary
landscape plans shall be provided as part of the submission for approval and shall:
a. Be drawn to scale and include property boundaries, north arrow, graphic scale, and date.
b. Include a vegetation survey, including an aerial photograph which outlines the subject site,
provided at the same scale as the landscape plan.
c. Delineate existing and proposed structures, parking spaces, driveways and other vehicular
use areas, sidewalks, utilities, easements, height and voltage of power lines on the property
or adjacent property.
d. Indicate the common and scientific name and quantity of plants to be installed using the
"Landscape Legend" code format as prescribed by the Director of the Planning
Department.
e. Identify all landscape features and non -living landscape materials.
f. Show all areas of vegetation required to be preserved by law, including but not limited to
trees, specimen trees, native plant species, Natural Forest Communities, native habitats
and wetlands.
g_ Illustrate geologic, historic and archeological features to be preserved.
h. Depict stormwater retention/detention areas and areas excluded from maximum permitted
lawn area.
i. Document zoning district, net lot area, maximum lot coverage, required Open Space, and
maximum permitted lawn area.
j_ Complete Preparer's Statement of Landscape Compliance form.
City of Miami Page 7 of 19 Printed On: 91312009
File Number: 09-00949zt
8.2.4.2.3. Final landscape plans submitted for permit shall include all of the above, as well as the
following:
a. A fully completed, permanently affixed "Landscape Legend" as prescribed by the Director
of the Planning Department.
b. Critical layout dimensions for trees, plant beds and landscape features.
c. Method(s) to protect and relocate trees and native plant communities during construction.
d. Planting details and specifications.
e. Irrigation plans, as required by this code.
f. Irrigation details and specifications, as required.
g_ Notarized Preparer's Statement of Landscape Compliance form.
8.2.4.3. Vegetation survey. A vegetation survey shall be provided for all sites at the same scale as the
landscape plan. The vegetation survey shall be accompanied by an aerial photograph which outlines the
subject site without obscuring its features. The vegetation survey shall provide the following information:
8.2.4.3.1. The accurate location and graphic representation, in relation to existing development, of all
existing trees of a minimum two (2) inch DBH or ten (10) foot height or, for native trees, of a minimum one
and one-half (1 1/2) inch DBH or eight (8) foot height, including those which are proposed to be removed,
relocated or preserved on site in accordance with the requirements of this Code and Chapter 17 of the
City Code.
8.2.4.3.2. The boundaries of any Scenic Transportation Corridor, Environmental Preservation District,
native habitat, native plant community, native plant species, and/or Natural Forest Community and
associated understory that exists on site, as determined by the City of Miami Commission or the
Miami -Dade County Department of Environmental Resources Management.
8.2.4.3.3. A table showina the followina information:
a. The scientific and common name of each tree, each of which shall be numbered.
b. The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH
for all trunks.
c. An estimate of the height, canopy cover, and physical condition of each tree, and whether
specimen tree(s) exist on site.
8.2.4.4. Irrigation plans. An irrigation plan shall be submitted if an irrigation system is required by this
code or where an irrigation system is to be provided regardless of code requirements. Where a landscape
plan is required, an irrigation plan shall be submitted concurrently.
8.2.4.4.1. For a new one -family or duplex dwelling the irrigation plan may be indicated on a plot plan or a
separate drawing prepared by the owner or the owner's agent indicating area(s) to be irrigated, location
and specifications of lines and heads and pump specifications.
8.2.4.4.2. All other development other than those provided in a subsection 8.2.4.4.1 above shall:
City of Miami Page 8 of 19 Printed On: 91312009
File Number: 09-00949zt
a_ Be drawn on a base plan at the same scale as landscape plan(s).
b. Delineate landscape areas, major landscape features, and hydrozones.
c. Delineate existing and proposed structures, parking areas or other vehicular use areas,
access aisles, sidewalks, driveways, the location of utilities and easements, and similar
features,
d. Include water source, design operating pressure and flow rate per zone, total volume
required for typical depths of application, and application rate.
e. Include locations of pipes, controllers, valves, sprinklers, back flow prevention devices, rain
switches or soil moisture sensors. and electrical supply.
f. Include irrigation details.
8.2.5. Tree removal and preservation.
No person and no agent or representative thereof, directly or indirectly, shall cut down, destroy,
move or effectively destroy through damaging any tree situated on any real property as described in
Article 8.1 of Ord. No. 11000, without first obtaining approval and a tree removal permit. No permit for
development activity shall be issued until it has been determined that no tree removal permit is required or
that a valid tree removal permit has been issued in compliance with this article. The City of Miami Code
Enforcement Department is responsible for administering and enforcing these provisions in accordance
with Article 8.1 of Ord. No. 11000.
8.2.6. Minimum Standards.
The following standards shall be considered minimum requirements unless otherwise indicated:
8.2.6.1. Lawn area (turf).
8.2.6.1.1 Grass areas shall be planted in species well adapted to localized arowina conditions in
Miami -Dade County. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded except
that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid
sod or arass seed is used. overseedina shall be sown for immediate effect and protection until coveraae is
otherwise achieved
8.2.6.1.2 Exclusions from maximum permitted lawn areas:
a. Stabilized grassed area used for parking;
b. Grassed areas designated on landscape plans and actively used for sports, playgrounds or
picnic areas;
c. Grassed areas in the right-of-way;
d. Stormwater retention/detention areas planted in grasses which are very drought tolerant, as
referenced in the Landscape Manual, as well as tolerant to wet soils.
8.2.6.1.3 Maximum permitted lawn area for all zoning districts is referenced in Table A. Very drought
tolerant grasses and low growing native plants, includinggrasses and forbs, as referenced in the
Landscape Manual, may be used as groundcover beyond the maximum permitted grass area specified in
Table A.
8.2.6.2. Irrigation.
City of Miami Page 9 of 19 Printed On: 91312009
File Number: 09-00949zt
8.2.6.2.1 All newly -planted and relocated plant material shall be watered by temporary or permanent
irrigation systems until such time as they are established and subsequently on an as needed basis to
prevent stress and die off in compliance with existing water restrictions.
8.2.6.2.2 Irrigation shall be pribited within native plant communities and natural forest communities,
except for temporary systems needed to establish newly planted material. Temporary irrigation
systems shall be disconnected immediately after establishment of plant communities.
8.2.6.2.3. Irrigation systems shall be designed, operated, and maintained to:
a. Meet the needs of the plants in the landscape
b. Conserve water by allowing differential operation schedules based on hydrozone.
c. Consider soil, slope and other site characteristics in order to minimize water waste,
including overspray or overflow on to impervious surfaces and other non -vegetated areas,
and off-site runoff.
d. Minimize free flow conditions in case of damage or other mechanical failure
e. Use low trajectory spray heads, and/or low volume water distributing or application devices.
f. Maximize uniformity, considering factors such as:
i. Emitter types,
ii. Head spacing,
iii. Sprinkler pattern, and
iv. Water pressure at the emitter.
g_ Use the lowest quality water feasible (graywater shall be used where approved systems are
available.)
h. Rain switches or other devices, such as soil moisture sensors, shall be used with automatic
controls.
i. Operate only during hours and on days permitted under South Florida Water Management
District rules.
L Where feasible, drip irrigation or micro -sprinklers shall be used.
k. During dry periods, irrigation application rates of between one (1) and one and one-half (1
'/2) inches per week are recommended for turf areas.
I. If an irrigation system is not provided, a hose bib shall be provided within seventy-five (75)
feet of anv landscape area.
8.2.6.3. Trees.
8.2.6.3.1. Tree size.
All trees, except street trees, shall be a minimum of twelve (12) feet high and have a minimum
caliper of two (2) inches at time of planting, except that thirty (30) percent of the tree requirement may be
met by native species with a minimum height of ten (10) feet and a minimum caliper of one and one-half
(1 1/2) inches at time of planting.
8.2.6.3.2. Street tree size and spacing.
Street trees shall be of a species tvpically arown in Miami -Dade Countv which normallv mature to a
height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of
fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and shall be provided along
all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provided in
this Article. The thirty (30) foot average spacing requirement for multiple single family units and townhouse
shall be based on the total lineal footage of roadway for the entire project and not based on individual lot
City of Miami Page 10 of 19 Printed On: 91312009
File Number: 09-00949zt
widths. Street trees shall be placed within the swale area or shall be placed on private property where
demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works
Department. Street trees planted along private roadways shall be placed within seven (7) feet of the edge
of roadway pavement and/or where present within seven (7) feet of the sidewalk.
8.2.6.3.3. Power lines.
Where the height and location of overhead power -lines requires the planting of low growing trees,
street trees shall have a minimum height of eight (8) feet, a minimum caliper of one and one-half (1 1/2)
inches at time of plantina. and shall meet the followina reauirements:
a. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk trees or
tree/shrubs, as referenced in the Landscape Manual, cleared of foliage to a height of four
4 feet.
b. A maximum average spacing of twenty-five (25) feet on center.
c. Maturing to a height and spread not encroaching within five (5) feet of overhead power
distribution lines.
d. Under high voltage (50kV and above) transmission lines installed independent of underbuilt
distribution lines, tree height and spread shall not exceed the minimum approach distances
specified in the current ANSI (American National Standards Institute) Z133.1 Standards, as
referenced in the Landscape Manual.
8.2.6.4. Palms.
8.2.6.4.1. Palms which meet all of the following requirements shall count as a required street tree on the
basis of one (1) palm per tree.
a. Minimum canopy of fifteen (15) feet at maturity.
b. Provided at an average maximum spacing of twenty-five (25) feet on center.
c. A single trunk palm species with a minimum ten (10) inches DBH and a minimum of eight
(8) feet of clear of gray wood.
d. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees.
8.2.6.5. Minimum number of trees.
The minimum number of required trees, in addition to street trees, is referenced in Table A.
TABLE INSET
TABLE A
NUMBER OF TREES REQUIRED MAXIMUM LAWN AREA
ZONING Per Acre of Percent of Req
DISTRICT Net Lot Area Per Lot Open Space
RESIDENTIAL
R-1 3
50%
R-2 3
50%
R-3 28
60%
R-4 28
40%
COMMERCIAL
City of Miami Page 11 of 19 Printed On: 91312009
File Number: 09-00949zt
C-1
22
20%
C-2
22
20%
CBD
22
20%
OFFICE
O
28
30%
CIVIC
G/I *
9
60%
PR
N/A
N/A
CS
N/A
N/A
INDUSTRIAL
1
15
20%
PLANNED UNIT
DEVELOPMENTS
PUD
28
40%
*Use dependant on character of the neighborhood.
Please refer to Special District Reaulations that may modify the above reauirements.
Where a conflict exists, the requirement imposing the higher standard shall apply.
8.2.6.5.1 Hiah density residential and commercial districts. In hiah densitv residential or commercial
zoning districts, if the minimum number of trees required cannot be reasonably planted on the ground
level of the subject property, the applicant may plant twenty-five percent (25%) of the required trees on
upper levels such as open recreation areas or exposed decks.
8.2.6.5.2. Off-site tree planting. If the minimum number of trees required cannot be reasonably planted
on the subject property, the applicant may enter into an agreement with the city, as approved by the
department, to plant the excess number of required trees on public property within the City Commission
district of the subject property.
8.2.6.5.3. Tree trust fund. If the minimum number of trees reauired cannot be reasonably planted on the
subject property, but as an alternative to the off-site tree planting option provided in subsection 8.2.6.5.2,
the applicant shall contribute into the city's tree trust fund the sum of one thousand dollars ($1000.00) for
each two (2) inch caliper tree required in accordance with Table A of section 8.2.6.5. A city resident with
current proof of residencv and homestead status shall contribute five hundred ($500.00) for each two (2)
inch caliper tree required in accordance with Table A of section 8.2.6.5.
8.2.6.5.4. Grassed areas that are to be used for organized sports such as football and soccer or other
similar sports or playgrounds, that are clearly identified on a landscape plan shall not be counted toward
calculatina tree and maximum lawn area reauirements.
City of Miami Page 12 of 19 Printed On: 91312009
File Number: 09-00949zt
8.2.6.5.5. Trees shall be planted to provide shade to residential structures of a height of thirty-five (35)
feet or less. At least two (2) required lot trees shall be positioned in the energy conservation zone as
defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof, shall
be shaded by trees and/or shrubs as referenced in the Landscape Manual.
8.2.6.5.6. Palms of a fourteen (14) foot minimum overall height and minimum caliper of three (3) inches
at time of planting shall count as a required tree on the basis of two (2) palms -per tree, except as provided
herein for palms used as of street trees. No more than thirty (30) percent of the minimum tree
requirements shall be palms.
8.2.6.5.7. Existing trees required by law to be preserved on site and that meet the requirements of
Section 8.2.6.3, may be counted toward fulfilling the minimum tree requirements.
8.2.6.5.8. Prohibited and controlled tree species shall not be counted toward fulfilling minimum tree
requirements. Prohibited trees shall be removed from the site after obtaining approval of a tree removal
permit.
8.2.6.5.9. No less than thirty (30) percent of the required trees and/or palms shall be native species.
8.2.6.5.10. No less than fifty (50) percent of the required trees shall be low maintenance and drought
tolerant species.
8.2.6.5.11. Eighty (80) percent of the trees shall be listed in the Miami -Dade Landscape Manual, the
Miami -Dade Street Tree Master Plan and/or the University of Florida's Low -Maintenance Landscape
Plants for South Florida list.
8.2.6.5.12. In order to prevent adverse environmental impacts to existina native plant communities
cabbage palms (Sabal palmetto) that are harvested from the wild shall not be used to satisfy minimum
landscaping requirements. Only existing cabbage palms (Sabal palmetto) which are rescued from
government approved donor sites, transplanted within the site, or commercially grown from seed shall be
counted towards the minimum tree and native plant requirements.
8.2.6.5.13. 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 and sod, using pruning
methods specified in this Code. A covenant executed by those owners is required, or a special taxing
district must be created to maintain these areas. Where the State, County or municipality 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.
8.2.6.5.14. 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.
R 7 F F Chn the
8.2.6.6.1. All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately
City of Miami Page 13 of 19 Printed On: 91312009
File Number: 09-00949zt
after planting. Shrubs shall be provided at ratio of ten (10) per required tree. No less than Thirty (30)
percent of the shrubs shall be native species and no less than fifty (50) percent shall be low maintenance
and drought tolerant. Eighty (80) percent of the shrubs shall be listed in the Miami -Dade Landscape
Manual. the Miami -Dade Street Tree Master Plan and/or the Universitv of Florida's Low -Maintenance
Landscape Plants for South Florida list.
8.2.6.6.2. When used as a visual screen, buffer, or hedge, shrubs shall be planted at a maximum
average spacing of thirty (30) inches on center or if planted at a minimum height of thirty-six (36) inches,
shall have a maximum average spacing of forty-eight (48) inches on center and shall be maintained so as
to form a continuous, unbroken and solid visual screen within one (1) year after time of planting. Shrubs
used as a buffer, visual screen, or hedge need not be of the same species.
8.2.6.7. Vines.
Vines shall be a minimum of twelve (12) inches in length immediately after planting and may be
used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified.
Planting of perimeter walls with vines is recommended as a deterrent to painting of graffiti.
8.2.6.8. Ground Cover.
Ground cover plants used in lieu of arass. in whole or in part. shall be planted in such a manner as
to present a finished appearance and reasonably complete coverage within one (1) year after planting.
8.2.6.9. Mulch.
8.2.6.9.1. Mulches shall be applied and maintained in accordance with the most recent edition of the
Florida Yards & Neighborhoods Handbook titled "A Guide to Florida Friendly Landscaping" by the
University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) and available online at
http://www.floridayards.org/landscape/FYN-Handbook.pdf.
8.2.6.9.2. Cypress mulch shall not be used because its harvest degrades cypress wetlands.
8.2.7. Plant quality.
8.2.7.1. Plants installed pursuant to this Code shall conform to. or exceed. the minimum standards for
"Florida Number One" as provided in the most current edition of "Grades and Standards for Nursery
Plants, Part I and 11, " prepared by the State of Florida Department of Agriculture and Consumer Services.
8.2.7.2. Trees installed pursuant to this Code shall have one (1) primary vertical trunk and secondary
branches free of included bark up to a height of six (6) feet above natural grade.
8.2.8. Buffers between dissimilar land uses.
Where dissimilar land uses exist on adjacent properties, and where such areas will not be entirely
visually screened by an intervening building or structure from abutting property, that portion shall be
provided with a buffer consisting of a six (6) foot wall or fence with a life expectancy of at least ten (10)
years, or shrubs which normally prow to a minimum height of six (6) feet. Where chain link fencing is
used, shrubs shall also be required. Said buffer shall form a continuous screen between the dissimilar
City of Miami Page 14 of 19 Printed On: 91312009
File Number: 09-00949zt
land uses within one (1) year after planting. Buffers screening dissimilar uses shall include trees planted at
a maximum average spacing of thirty (30) feet on center within a minimum five (5) foot landscaped strip.
8.2.9. Landscaped areas in parkina lots.
All required and/or provided surface off-street parking facilities and parking lots shall be
landscaped in accordance with the following standards:
8.2.9.1. The total area of all interior landscaped areas shall not be less than ten (10) square feet for
each parking space provided on the site.
8.2.9.2. In order to maximize the distribution of shade, trees shall be planted throughout the interior
of the parking lot at a minimum density of one (1) tree per eighty (80) square feet of landscaped area,
exclusive of parkina lot buffers.
8.2.9.3. A landscaped area with a tree shall be required at the end of all parking rows, particularly
when abutting an aisle or building. Planting areas for each tree shall have a minimum area of fifty (50)
square feet and a minimum width of five (5) feet, exclusive of the curb dimension, and shall be planted or
covered with other landscape materials.
8.2.9.4. For each row of
parking there shall be landscaped
areas with trees within the
first ninety
(90) linear feet, and one (1) landscaped area provided with a
tree for each additional ninety
(90) linear
feet. When a minimum six (6)
foot clear landscape area is provided
between two rows of parking,
the
landscape areas with trees every
ninety (90) linear feet is not
required. This six (6) foot wide
landscape
area shall be planted with trees no
greater than thirty (30) feet on -center.
8.2.9.5. For each row of parallel parking there shall be a minimum of two (2) landscape areas with
trees within the first seventy-five (75) linear feet, and one (1) landscape area with a tree for each
additional seventy-five (75) linear feet. The landscape areas shall be equally spaced wherever possible.
8.2.9.6. All required trees shall be of an approved shade tree variety which shall attain a minimum
mature crown spread areater than fifteen (15) feet.
8.2.9.7. All parking stalls, access aisles and driveways in a residential area shall be separated from
any building by a minimum of thirty (30) inches and landscaped with shrubbery, around -cover, or other
suitable material.
8.2.9.8. All parking lots adjacent to a right-of-way or private street shall be screened by a
continuous planting and/or three (3) foot high wall with a seven (7) foot landscaped strip incorporating said
planting and/or wall on private property.
8.2.9.9 A landscape area that is a minimum of five (5) feet in width shall be provided when parking
stalls, access aisles, or driveways are located along any side or rear lot line. The landscape areas shall be
planted with a continuous hedge, and with trees no greater than thirty (30) feet on center, when the
landscaped area does not abut a parking row. In certain instances, a solid and continuous masonry wall, a
minimum of five (5) feet in height, whose surfaces are stuccoed, painted, tiled, or textured in such a way
as to provide a decorative effect if approved, may be used in lieu of the landscape area.
8.2.9.10. These requirements are in addition to any applicable required open space as provided in
this C;nr p
City of Miami Page 15 of 19 Printed On: 91312009
File Number: 09-00949zt
8.2.10. Stormwater retention/detention areas.
8.2.10.1. Stormwater retention/detention areas shall be designed to maximize the perimeter dimension,
where feasible.
8.2.10.2. Stormwater retention/detention areas shall be planted throughout with native herbaceous
facultative plants, with the following exceptions:
a. In areas that are designated and actively used for play and/or picnic areas, overflow
parking, or sports shall be planted with grasses which are very drought tolerant,as
referenced in the Landscape Manual, as well as tolerant to wet soils.
b. In areas where the minimum required stormwater retention capacity would be
adversely affected.
8.2.10.3. The minimum required number of native herbaceous facultative plants shall be one (1) plant
per square foot of retention/ detention area, including the slope. Minimum required herbaceous plant
container size shall be one and one-half (1 1/2) inches, commonly, referred to as a liner. Sprigging,
seeding, plugging, hydro -mulching or sodding with native herbaceous facultative plants grown from local
seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to
present a finished appearance and reasonably complete coverage within one (1) year after planting.
8.2.10.4. Native facultative trees or shrubs may be used in lieu of native herbaceous facultative plants,
provided that the minimum required stormwater retention capacity is not adversely affected.
8.2.11. Landscape Plan Review Criteria.
All landscape plans shall be reviewed by the Office of Zonina. Where existina trees lie within
Natural Forest Communities, Environmental Preservation Districts, and/or Scenic Transportation
Corridors, landscape plans shall be reviewed and approved by the Historic Preservation Division of the
Planning Department as prescribed in Chapter 17 of the City Code. Landscape plans shall be reviewed in
accordance with Section 8.2.1 and the guidelines and illustrations provided in the Landscape Manual as
well as the Guide to Florida Friendly Landscaping provided by the Florida Yards and Neighborhoods
Program.
8.2.12. Preparer's Certification of Landscape Compliance at time of final inspection.
8.2.12.1. A notarized Preparer's Certification of Landscape Compliance form bearina the oriainal
letterhead of the desianina firm and licensina number shall be submitted to and approved by the Office of
Zoning prior to issuance
of any Certificate of Use
or Certificate of Occupancy.
The notarized Preparer's
Certification of Landscape
Compliance form shall
contain a statement,
signed and sealed by
the
landscape architect or by
person (s) authorized to
prepare plans by Chapter 481, Florida Statutes, who
prepared the approved plans,
that the landscape and irrigation plans have
been implemented and that
all
requirements of this article have been met. Any changes or substitutions
to the approved plan shall
be
approved by the original
designing firm prior to the
implementation of said
changes and substitutions.
All
changes or substitutions to the approved plan shall
be noted on all copies.
Changes and substitutions
of
plant material shall be
of similar aualitv. auantitv
and size. as oriainallv approved and shall be
in
compliance with the intent and requirements of this code
City of Miami Page 16 of 19 Printed On: 91312009
File Number: 09-00949zt
8.2.12.2. For a new single family or duplex residence on its own lot or applicable existing development,
the owner or owner's agent may certify in writing that landscape and irrigation have been installed
according to approved plan(s).
8.2.12.3. The Planning Department and the Office of Zoning shall have the right to inspect all projects
for compliance prior to issuance of a Certificate of Use or Certificate of Occupancy.
8.2.13. Landscape adjustment.
Unless otherwise required by this zoning ordinance, as amended, the Code of the City of
Miami, as amended, or the Florida Building Code, as amended; Landscape Ordinance requirements
may be waived by the Planning Director pursuant to a Class II Special Permit as specified below.
8.2.13.1. Criteria to be considered in the granting of waivers of Landscape Ordinance Requirements.
In addition to the considerations listed in Section 1305.2 and elsewhere in this ordinance, the
following shall also apply to the review of Class II Special Permits being reviewed pursuant to this
Section:
a. Waivers of Landscape Ordinance requirements may be granted when, to do so
promotes the intent of the particular district where the proposal is located; and help
mitigate any potential adverse effect of a specific proposal whose implementation is
found to be in compliance with the intent and findings of a commission approved
Planning study or conceptual plan for the subject area.
b. Waivers of Landscape Ordinance requirements may be granted when, the observance
of applicable guides and standards for which the waiver is being requested would put
the proposed project into a variance situation which is against the public interest.
8.2.13.2. Specific findings required.
Specific findinas shall be made by the Plannina Department which establish how the above
criteria are met. Additionally, any conditions, restrictions and limitations deemed appropriate by the
Plannina Director shall be implemented in order to ensure compliance with the considerations set forth
above. as well as in Section 1305 of this Ordinance
8.2.14. Landscape maintenance.
8.2.14.1. An owner is responsible to ensure that landscaping required to be planted pursuant to this
chapter is installed in compliance with the Landscape requirements; maintained as to present a healthy,
vigorous, and neat appearance free from refuse and debris; and sufficiently fertilized and watered to
maintain the plant material in a healthv condition.
8.2.14.2. If any tree or plant dies which is being used to satisfy current landscape code requirements,
such tree or plant shall be replaced with the same landscape material or an approved substitute.
8.2.14.3 Trees shall be pruned in the following manner:
a. All cuts shall be clean. flush and at iunctions. laterals or crotches. All cuts shall be made as
close as possible to the trunk or parent limb, without cutting into the branch collar or leaving
a protruding stub.
b. Removal of dead wood, crossing branches, weak or insignificant branches, and sucker
shall be accomplished simultaneously with any reduction in crown.
City of Miami Page 17 of 19 Printed On: 91312009
File Number: 09-00949zt
c. Cutting of lateral branches that results in the removal of more than one-third (1/3) of all
branches on one (1) side of a tree shall only be allowed if required for hazard reduction or
clearance pruning.
d. Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass
in the lower two-thirds (2/3) of the tree.
e. No more than one-third (1/3) of a tree's living canopy shall be removed within a one (1)
year period.
f. Trees shall be pruned according to the current ANSI A300 Standards and the Landscape
RAani ial
8.2.15. Prohibitions.
8.2.15.1. Prohibited plant species. Prohibited species shall not be planted and shall be removed from
anv site which is subiect to the reauirements of this chapter.
8.2.15.2. Controlled plant species. Controlled species shall not be planted within five hundred (500) feet
of a Natural Forest Community or native habitats as defined herein.
8.2.15.3. West Indian Mahogany. West Indian Mahogany, Swietenia mahagoni, shall not be planted
within five hundred (500) feet of a rockland hammock or pine rockland.
8.2.15.4. Tree abuse. Tree abuse is prohibited. Abused trees shall not be counted toward fulfilling the
minimum tree reauirements.
8.2.16. Conflicts with other ordinances or regulations.
If this chapter conflicts with other ordinances or regulations, the more stringent limitation or requirement
shall govern or prevail to the extent of the conflict.
8.2.17 Enforcement.
8.2.17.1. The Code Enforcement Department shall withhold approval of a final building inspection prior
to the issuance of a Certificate of Use or Certificate of Occupancy until a notarized Preparer's Certification
of Landscape Compliance form has been submitted and approved.
8.2.17.2. The Code Enforcement Department shall have the right to inspect the lands affected by this
Code and is authorized to issue cease and desist orders and citations to the current owner and the
Contractor, if applicable, for violations.
8.2.17.3. Failure to install or maintain landscaping according to the terms of this article shall constitute a
violation of this Code. Also, failure to plant, preserve, or maintain each individual tree shall be considered
to be a separate violation of this Code. Each day in which either landscaping or individual trees are not
installed or maintained according to the terms of this article shall constitute a continuing and separate
violation of this Code. Further, failure by the current owner or the Contractor to provide the required
landscaping and watering of such landscaping within ninety (90) days after the South Florida Water
Management District ends the emergency Phase II and Phase III water restrictions shall constitute a
violation of this Code.
City of Miami Page 18 of 19 Printed On: 91312009
File Number: 09-00949zt
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after approval at second reading,
unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes
this Ordinanc, it shall become effective immediately upon override of the veto by the City Commission. {2}
Footnotes:
{1 } Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 19 of 19 Printed On: 91312009