2016-4042 Ordinance 2016-4042
CHAPTER 126 - LANDSCAPE ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 126,
"LANDSCAPING," BY EXPANDING THE APPLICABILITY, SUBMITTAL
REQUIREMENTS FOR LANDSCAPE PLANS, EXPANDING MINIMUM
LANDSCAPE STANDARDS, DETAILING MAINTENANCE REQUIREMENTS
FOR REQUIRED LANDSCAPING, AND PROVIDING FOR THE DEPOSIT OF
FUNDS TO THE CITY OF MIAMI BEACH TREE PRESERVATION TRUST
FUND FOR NOT COMPLYING WITH LANDSCAPE REQUIREMENTS; BY
AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING," ARTICLE
III, ENTITLED "DESIGN STANDARDS," TO INCORPORATE LANDSCAPE
STANDARDS FOR TEMPORARY AND PROVISIONAL PARKING LOTS INTO
THE CITY OF MIAMI BEACH LANDSCAPE ORDINANCE; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, it is the City's intent to prevent the destruction of the City's existing tree
canopy and promote its expansion; and
WHEREAS, it is in the best interest of the City to improve the aesthetic appearance of
new development and protecting designated historic landscapes; and
WHEREAS, the City seeks to promote sound landscaping principles through the use of
drought and salt tolerant plant species and also to promote planting the right tree and plant in
the right place; and
WHEREAS, the City seeks to promote the use of trees and shrubs for energy
conservation, thereby helping to offset global warming and local heat island effects; and
WHEREAS, the City seeks increase the tree canopy in order to provide shade and
coolness in order to encourage pedestrian activity and reduce reliance on single occupancy
vehicles; and
WHEREAS, the City seeks to increase and improve green space in order to improve
storm water management; and
WHEREAS, the City seeks to utilize landscaping in order to ameliorate noise impacts
and light pollution; and
WHEREAS, the City seeks to promote the use of canopy trees to sequester carbon
dioxide emissions and that increase climate change; and
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WHEREAS, the adoption of the provisions set forth below are necessary to accomplish
the above.objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 126, entitled "Landscaping," of the Code of the City of Miami Beach is
hereby amended as follows:
* * *
Chapter 126 - LANDSCAPEIN6 REQUIREMENTS
Sec. 126-1 — Intent and Purpose
It is the intent of these regulations to establish minimum landscape standards for the City of
Miami Beach that enhance, improve and maintain the quality of the landscape, and to:
fal Prevent the destruction of the City's existing tree canopy and promote its expansion.
j Improve the aesthetic appearance of new development and protecting designated
historic landscapes.
Promote sound landscaping principles through the use of drought and salt tolerant plant
species and also to promote planting the right tree and plant in the right place.
Promote the use of trees and shrubs for energy conservation, thereby helping to offset
global warming and local heat island effects.
Lei Provide shade
if Improve stormwater management.
Lgl Ameliorate noise impacts and light pollution.
Promote the use of canopy trees to sequester carbon dioxide emissions.
Sec. 126-2— Definitions
The Definitions Section within Chapter 46- Environment, of the Code of the City of Miami Beach,
forms part of this regulation. For the purposes of this Chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this Section:
American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300
Standards") is a tree manual which establishes performance standards for the care and
maintenance of trees, shrubs, and other woody plants.
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Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property
under a written lease authorized to apply for a building permit.
Base plan: A plan of the project site, drawn to scale that shows all proposed ground floor
improvements and clearly defines all landscape areas. This plan is used as a base for the
required plans in this ordinance.
Buildable area: The portion of the site exclusive of the required yard areas as defined by the
zoning ordinance of the City and its successors.
Clear wood/clear trunk:A measurement of the woody trunk taken from grade to the beginning
of the fronds or branches used to determine the sizes of certain palms and trees.
Controlled tree species: Those tree species listed in the Miami-Dade County Landscape Manual
and included within Section 24-49 (f) I & II of the Miami-Dade County Code 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.
Crown or canopy: The upper part of a tree, measured from the lowest branch, including all
branches and foliage.
Energy conservation zone: The areas close to buildings that are planted with trees, palms, and
shrubs, in order to provide optimal shading patterns on absorbing surfaces within 20 feet of the
building, walls, windows, and the immediately adjacent ground.
Exotic tree species: A plant species that has been introduced from other regions, and is not
native to the region to which it is introduced.
Forbs:A broad-leaved herb other than a grass, especially one growing in a field or meadow.
Environment and Sustainability Department: The agency of the City charged with implementing
specific tree protection standards, or a successor division or department as determined by the
City Manager or his/her designee.
Grey wood: A measurement used to determine the sizes of Royal Palms taken from grade to
the smooth green five-foot-high region above the trunk called the "crownshaft."
Landscape manual: The Miami-Dade County Landscape Manual, latest edition, which is the
official landscape manual issued by Miami-Dade County, Florida, and incorporated herein by
reference. The landscape manual, as amended from time to time, is adopted by reference by
the City and deemed incorporated by reference as if set forth herein. If a conflict arises between
the landscape manual and this Chapter, the latter shall prevail.
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Large shrubs or small trees: Mid-level woody plants, trees, and palms, that comply with the
minimum size requirements described in this Chapter, planted as an understory to large canopy
trees, palms, and planted with smaller shrubs and groundcover plantings, in order to achieve a
layering of plants.
Native tree species: Plant species with 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, the Miami-Dade County Landscape Manual, are considered native plant
species within the meaning of this definition.
Net lot area:the total horizontal area within the lot lines of the lot.
Owner: Any person, entity, corporation, partnership, trust, holding company, limited liability
company or any other legally recognized entity that is the legal, beneficial or equitable owner of
any interest whatsoever in the property. Owner shall include any purchaser, assignee,
successor, or transferee of any interest whatsoever in the property regarding any provisions of
this Chapter.
Roots/root systems: The tree part containing the organs used for extracting water, gases and
nutrients from the soil and atmosphere.
Site plan: A drawing illustrating a proposed development drawn to scale indicating 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.
Sound nursery practices: The procedures of landscape nursery work that comply with the
standards set by the state department of agriculture and consumer services.
Spread: The average diameter of the crown of a tree.
Substantial rehabilitation: Buildings which are repaired or rehabilitated by more than 50 percent
of the value of the building as determined by the building official.
Tree: Any self-supporting woody plant or palm which usually has a single main axis or trunk,
that comply with the minimum size requirements described in this Chapter. This definition
excludes plants which are defined as shrubs, hedges, vines, or ground covers.
Tree Trust Fund: The City of Miami Beach Tree Preservation Trust Fund established in Chapter
46, Section 46-65 of the Code of the City of Miami Beach.
Viable tree: A tree, which in the judgment of the City of Miami Beach Urban Forester is capable
of sustaining its own life processes, unaided by man for a reasonable period of time.
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Sec. 126-3—Short Title and Applicability
Title. This regulation shall be known and may be cited as the "City of Miami Beach
Landscape Ordinance".
Applicability. All building permits for new construction, substantial rehabilitation or
additions to existing buildings, and projects that are reviewed under the conditional use,
variance, design review, and / or certificate of appropriateness processes, inclusive of
City projects. The Planning Director, or designee shall conduct all landscape reviews
pursuant to the regulations set forth in this Chapter and consistent with the design
review or certificate of appropriateness regulations, as applicable and as set forth in
Chapter 118 of these land development regulations. The landscape review shall include
but not be limited to parking decks, all required yards, decks associated with recreational
facilities, or any open space areas that are visible to the public.
( New Development and Permits for demolition or wrecking. Permits for new
development and for demolition or wrecking shall require a vegetation survey pursuant
to Section 126-4 (a), in order to insure that valuable existing trees are not damaged or
destroyed.
Sec. 126-4— Plans Required
All plans required in this Chapter shall be reviewed by the Planning Department in accordance
with the Code of the City of Miami Beach, the guidelines and illustrations provided in the Miami-
Dade County Landscape Manual, as well as the Guide to Florida Friendly Landscaping provided
by the Florida Yards and Neighborhoods Program. The following shall be required:
Lai Vegetation Survey
Vegetation Survey(s) shall be prepared by, and bear the seal of, a professional land
surveyor, licensed to practice in the State of Florida.
Vegetation survey(s) shall provide the accurate location, identification and graphic
representation of all existing trees inclusive of the canopy dripline that are a minimum of
10 feet in height and a minimum of three (3) inches in diameter at breast height (DBH)
and existing palms that are a minimum of 10 feet in height and a minimum of four (4)
inches DBH.
Existing trees and palms shall not be removed 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 Chapter 46 of the Code of the City of Miami Beach.
u Tree Disposition Plan
Tree Disposition Plan(s) shall be prepared by, and bear the seal of, a landscape
architect licensed to practice in the State of Florida.
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Where a Vegetation Survey and Landscape Plan is required, a Tree Disposition Plan
shall be submitted concurrently and shall:
al Be drawn to scale and include property boundaries, north arrow, graphic scale, and
date;
al Identify, locate, and list all existing trees and specify the condition of each tree and
whether such trees are to remain, to be removed or to be relocated on the plan;
Illustrate the location of all existing structures and/or all proposed new construction,
as applicable, the location of any overhead and/or underground utilities, the new
locations of existing trees to be relocated on site, and all areas affected by
construction-related activities. such as access routes to the property, and staging
areas;
Graphically show the location of the tree protection fence to the dripline for existing
trees and palms to remain on the plan;
Provide a drawing of the City approved tree protection fence detail on the plan; and
M Illustrate the temporary construction parking layout as required by the Parking
Department.
Lci Landscape Plans
Landscape Plan(s) shall be prepared by, and bear the seal of, a landscape architect
licensed to practice in the State of Florida.
Prior to the issuance of a building permit, the Planning Department shall review a
landscape plan; at a minimum, such plan shall include the following:
The plan shall be drawn to scale and include property boundaries, north arrow,
graphic scale, and date;
al All existing and proposed structures, parking spaces, driveways and other vehicular
use areas, public sidewalks, right-of-way swale/parkway, curbs, street edge of
pavement, easements, and utilities on the property or adjacent property, shall be
clearly delineated;
All landscape features and non-living landscape materials shall be identified;
Lt All geologic, historic and archeological features to be preserved shall be illustrated;
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01 The common and scientific name, as well as the quantity and size specifications of
all plant materials to be installed shall be clearly indicated; and
The critical layout dimensions for all trees, plant beds and landscape features shall
be provided;
Method(s) to protect and relocate trees and native plant communities during
construction;
131 Planting details and specifications; and
DI The Landscape Legend form shall be affixed to the plan and shall include, but not
be limited to, the following:
a. The minimum number of required trees per lot, pursuant to Section 126-6;
b. The minimum number of required street trees, pursuant to Section 126-6;
c. Provided trees per lot
d. Provided street trees;
e. Provided shrubs; and
f. Maximum allowable percentage of sod within the property.
u Irrigation Plans
Irrigation Plan(s) 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 irrigation plans or drawings.
Where a Landscape Plan is required, an Irrigation Plan shall be submitted concurrently
and shall:
L11 Be drawn on a base plan at the same scale as the landscape plan(s);
al Delineate landscape areas, major landscape features and hydrozones;
al Include water source, design operating pressure, flow rate/volume required per zone
and application rate;
f41 Include locations of pipes, controllers, valves, sprinklers, back flow prevention
devices, rain switches or soil moisture sensors, electric supply; and
(5) Irrigation details and specifications.
fel Site and Landscape Lighting Plans
Site and Landscape Lighting Plan(s) shall be prepared by, and bear the seal of, a
landscape architect licensed to practice in the State of Florida, or by persons authorized
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by Chapter 481, Florida Statutes, to prepare site and landscape lighting plans or
drawings.
Where a Landscape Plan is required, a Site and Landscape Lighting Plan may be
submitted concurrently and shall:
a) Be drawn on a base plan at the same scale as the landscape plan(s);
Delineate landscape areas, major landscape features and electrical zones;
Include existing and proposed lighting equipment and fixture locations with sizes and
mounting heights; and
in Lighting equipment details and specifications.
Sec. 126-5 Tree Removal and Preservation
No person, agent, or representative thereof, directly or indirectly, shall cut down, destroy, move
or effectively destroy through damaging any tree except pursuant to the procedures and
requirements of Chapter 46 of the Code of the City of Miami Beach.
No permit for development activity shall be issued until it has been determined that no tree work
permit is required or that a valid tree work permit has been issued in compliance with Chapter
46 of the Code of the City of Miami Beach. The Environment and Sustainability Department is
responsible for administering and enforcing this provision in accordance with Chapter 46 of the
Code of the City of Miami Beach.
Sec. 126-6 Minimum Standards
The following standards shall be considered minimum requirements unless otherwise indicated
in the Land Development Regulations:
Lai Trees
Tree Size: All trees except street trees, shall be a minimum of 12 feet high with a
minimum crown spread of six (6) feet and have a minimum caliper of two (2) inches at
time of planting, except that 30 percent of the tree requirement may be met by native
species with a minimum height of 10 feet and a minimum caliper of one and a half (1%)
inches at time of planting.
al Street Tree Size and Spacing: Street trees shall be of a species typically grown in
Miami Beach which normally mature to a height of at least 20 feet. Street tree
plantings shall comply with ADA clearance requirements. Furthermore, street trees
shall have a minimum clear trunk of four (4) feet, an overall height of 12 to 14 feet
and a minimum caliper of three (3) inches at time of planting and shall be provided
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along all roadways at a maximum average spacing of 20 feet on center, except as
otherwise provided in this ordinance.
The 20-foot average spacing requirement for townhouse or multi-family units shall be
based on the total lineal footage of roadway for the entire project and not based on
individual lot widths. Street trees shall be placed within the swale area or shall be
placed on private property where demonstrated to be necessary due to right-of-way
obstructions as determined by the Environment and Sustainability Department.
Street trees planted along gate roadways shall be placed within seven (7) feet „f
the-cs sis -n he American Associatio of Sta e Hi•hw. and r-ns•o a on
Officials (AASHTO) Roadside Desian Guide with respect to edge of roadway
pavement and/or where present unable to locate within the right of way within seven
(7) feet of the sidewalk 'rose line on •rivate •rose .
The City may require an increase the maximum average spacing due to site-specific
constraints, such as, but not limited to. visibility triangles, signage, utilities, view
corridors, or the use of large canopy or diameter trees. However, the total number of
required trees for this requirement shall be as per a 20-foot average spacing and any
required str et trees that cannot be provided along the roadway due to a required
increase in the maximum average spacing shall be planted elsewhere on the site, or
the applicant shall utilize the tree and shrub compliance options, pursuant to section
126-7.
j Palms as Street Trees: Single trunk palm species with a minimum of 10 inches
diameter at breast height (DBH) and a minimum of 15 feet of clear or grey wood at
time of planting may be planted in addition to the required number of street trees.
The maximum spacing of palms as street trees shall be 20 feet on center. Palms
shall not count towards the required number of street trees. The i v av eq i e -
increase in the maximum spacing due to site-specific constraints, such as, but not
limited to, visibility triangles, signage. utilities, view corridors, or the use of large
canopy or diameter trees.
al Power Lines: Under high voltage transmission lines installed independent of
underbuilt distribution lines, tree height and spread shall not exceed the minimum
approach distances specified in the FPL Plant the Right Tree in the Right Place
guidelines and illustrations. The maximum spacing of appropriate and allowed tree
species planted under power lines shall be 20 feet on center.
The City may require an increase the maximum average spacing due to site-specific
constraints, such as, but not limited to. visibility triangles, signage. utilities, view
or is s s or he se of large cano• or diame er trees. However - o al umber o
required trees for this requirement shall be as per a 20-foot average spacing and any
required street trees that cannot be provided along the roadway due to a required
increase in the maximum average spacing shall be planted elsewhere on the site, or
the applicant shall utilize the tree and shrub compliance options, pursuant to section
126-7.
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Lawn Grass/Sod Area
LU Lawn grass/sod areas shall be planted with species well adapted to localized
growing conditions in the City. Grass areas shall be sodded and used in swales or
other areas subject to erosion.
21 Exclusions from maximum permitted lawn areas:
a. Stabilized grassed areas 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 well as tolerant to wet soils.
e. Very drought tolerant grasses and low growing native plants, including grasses
and forbs may be used as groundcover beyond the maximum permitted grass
areas.
01 Maximum permitted lawn grass/sod areas for all zoning districts are referenced in
Table A.
lc) Minimum Number of Trees
Minimum number of required trees per lot or per acre of net lot area (not including street
trees) and maximum allowable percentage of lawn grass/sod areas within the subject
property is referenced in Table A. More specific information may be found at
subsections (1) through (12), following the Table, for more specific requirements.
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Table A
Number Of Trees Required Maximum Lawn Area
Zoning Per Lot Per Lot Per Acre of Percent Of Required
District ( Front Yard) ( Back Yard ) Net Lot Area Open Space
CAT 1*: Single Family Home and Townhome *
RS-1 2 3 50%
RS-2 2 3 50%
RS-3 2 3 50%
RS-4 2 3 50%
TH 2 3 50%
CAT 2: Multifamily Residential, Hospital Districts
RM-1 28 30%
RM-2 28 30%
RM-3 28 30%
HD 28 30%
R M-PR D 28 30%
RMPRD-2 28 30%
RO 28 30%
CAT 3: Commercial, Urban Light Industrial, Mix-Use Districts,Waterway District,
Residential and Commercial Standard
CD-1 22 20%
CD-2 22 20%
CD-3 22 20%
I-1 22 20%
MXE 22 20%
WD-1 22 20%
WD-2 22 20%
RPS-1 22 20%
RPS-2 22 20%
RPS-3 22 20%
C-PS1 22 20%
C-PS2 22 20%
C-PS3 22 20%
C-PS4 22 20%
R M-PS 1 22 20%
SPE 22 20%
TC-1 22 20%
TC-2 22 20%
TC-3 22 20%
CAT 4: Institutional/ Recreational: Marine Recreational, Civic/Government Use,
Convention Center
MR 22 20%
GU 22 20%
CCC 22 20%
GC 22 20%
* CAT 1: Single Family Home and Townhome districts up to 6000 square feet lot area.
Refer to Section 126-6 (c)(4) for number of trees required for larger properties.
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al Multi-family Residential and Commercial Zones. In Multi-family Residential, RM-
1, RM-2, RM-3, RPS-1, RPS-2, RPS-3, RPS-4, RO, TC-3 or Commercial Zones, CD-
1, CD-2, CD-3, C-PS-1, C-PS-2, C-PS-3, C-PS-4, I-1, MXE, TC-1, TC-2, if the
minimum number of trees required cannot be planted on the ground level of the
subject property, the applicant may plant 25 percent of the required trees on upper
levels such as open recreation areas, roofs, and exposed decks.
j Lawn grass/sod areas that are to be used for organized sports such as football and
soccer or other similar sports or playgrounds, that are clearly identified on a
landscape plan shall not be counted toward calculating maximum lawn area
requirements.
Trees shall be planted to provide shade to residential structures of a height of 35
feet or less. At least two (2) required lot trees shall be positioned in the energy
conservation zone. All exterior ground floor air conditioning units shall be shaded by
trees and/or shrubs.
L The number of required trees listed in Table A for Category One (1) Residential
zoning districts are intended for properties up to 6,000 square feet lot area. Provide
one (1) additional tree for each additional 1,000 square feet of lot area. If the total lot
area is a fraction over the additional 1,000 square feet then, the number of required
trees will be rounded up.
Existing trees required by law to be preserved on site and that meet the
requirements of minimum tree size may be counted toward fulfilling the minimum tree
requirements.
n Prohibited and controlled tree species: Prohibited and controlled trees shall not
be planted or counted toward fulfilling minimum tree requirements. Prohibited and
controlled trees included within Section 24-49 (f) I & II of the Miami-Dade County
Code shall be identified and listed on a tree survey and tree disposition plan prior to
removals.
gj No less than 30 percent of the required trees shall be native species.
No less than 50 percent of the required trees shall be low maintenance or
drought and salt tolerant species.
DI Diversity of required tree species. In order to avoid a mono-species appearance
and to circumvent significant tree loss due to disease to a specific tree species, the
number of different tree species to be planted is as follows:
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a. One (1) to Five (5) required trees: Two (2) tree species
b. Six (6) to Ten (10) required trees: Three (3) tree species
c. 11 to 15 required trees: Four (4) tree species
d. 16 to 20 required trees: Five (5) tree species
e. 21 to 30 required trees: Six (6) tree species
f 31 or more required trees: Seven (7) tree species
(10) Palms of a 10-foot minimum overall height and minimum caliper of three (3) inches
at time of planting may be planted in addition to the tree requirement. Palms shall not
count towards the minimum number of required trees.
(11) All of the trees shall be listed in the Miami-Dade County Landscape Manual, the
Miami-Dade County Street Tree Master Plan, the University of Florida's Low-
Maintenance Landscape Plants for South Florida list, or other list approved by the
City of Miami Beach Urban Forester.
(12) 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, the City may
require that said trees and landscape material be placed on private property.
Shrubs
Shrubs shall be a minimum of 18 to 24 inches high at time of planting and spaced not to
exceed 30 inches on center. The minimum number shall be 12 shrubs per the number of
required lot and street trees. No less than 50 percent of the required shrubs shall be
native species. No one species of shrub shall constitute more than 25 percent of the
shrubs required by these regulations.
Shrubs shall be planted to visually screen ground level equipment such as air
conditioning units and pool equipment and shall be planted at the height of the adiacent
equipment. Alternatives to shrubs screening ground level equipment include masonry
walls, fences or screens that are planted with vines. The aforementioned alternatives
must receive approval from the Planning Department.
Lei Large Shrubs or Small Trees
All large shrubs or small trees shall be a minimum of six (6) feet high with a minimum
crown spread of four (4) feet at time of planting and 10 feet high at mature growth. The
minimum number of large shrubs or small trees shall be 10 percent of the required
number of shrubs for the specific proiect. The minimum number of large shrubs or small
trees required shall be in addition to the minimum number of shrubs required. No less
than 50 percent of the required large shrubs or small trees shall be native species.
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Large shrubs or small trees may be planted as understory to large trees and with the
required smaller shrub and qroundcover plantings, in order to achieve a layering of
plants.
jf Vines
Vines shall be a minimum of 30 inches high at time of planting and may be used in
conjunction with fences, screens or walls. Vines will be considered as shrubs on a one-
to-one basis as part of the required number of shrubs for the specific project.
fal Groundcover and Grasses
Groundcover and grasses shall be used in lieu of lawn grass/sod area in whole or in part
shall be planted with a minimum of 75 percent coverage with 100 percent coverage
occurring within three (3) months of installation.
fin Soil and Fertilizer
All plant materials shall be planted with the soil and fertilizer specified in the City of
Miami Beach Landscape Installation Specifications and Standards.
Any other soil mix or fertilizer must be submitted to the Environment and Sustainability
Department prior to delivery on site.
al Mulch
Mulch shall be shredded pine, eucalyptus or Florimulch (100 percent melaleuca mulch).
Planting areas not covered by lawn grass/sod shall be mulched to a minimum depth of
three (3) inches, in order to present a finished appearance.
Cypress mulch, red colored mulch, and rubber mulch is prohibited. Any other mulch
must be submitted to the Environment and Sustainability Department prior to delivery on
site.
ID Off-Site Tree Planting
If the minimum number of trees, large shrubs, and shrubs required cannot be planted on
the subject property, the applicant may enter into an agreement with the City, as
approved by the planning department, to plant the excess number of required trees,
large shrubs, and shrubs on public property.
Sec. 126-7 Tree •n• h u• C•••r• - O• ions
fal If the minimum number of trees required cannot be planted on the subject property, the
applicant/property owner is provided the following two options:
Seek authorization from the City to install the trees off-site, on public land near or
adjacent to the applicant's property; and/or
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al Shall contribute into the City's tree trust fund the sum of $2,500.00 for each two (2)
inch caliper tree required in accordance with Table A of Section 126-6.
However, City residents with current proof of residency and homestead status under
State law, if opting to utilize option two (2) shall be required to contribute the lesser
amount of $1,000.00 for each tree that is not provided, as required in accordance with
Table A of Section 126-6.
If the minimum number of large shrubs, small trees and shrubs required cannot be
planted on the applicant's property, the applicant can either seek authorization from the
City to install the large shrubs, and small trees and shrubs off-site on nearby or adjacent
public land; or be required to contribute into the City's tree trust fund the sum of$100.00
for each shrub required and $300 for each large shrub/small tree required in Section
126-6.
Annual review and adjustment:
These fees shall be evaluated and adjusted annually based on the consumer price index
for all urban consumers (CPI-U).
fal The City has established a Tree Trust Fund.
funds of such account.
Revenue in the Tree Trust Fund shall be utilized to implement the intent of this Chapter.
limiter! to:
Street tree plantings;
- - - •
Sec. 126-9 Plant Quality
All plant materials shall be equal to or better than "Florida No.1," as classified by "Grades and
Standards for Nursery Plants" by the Division of Plant Industry, Florida Department of
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Agriculture. Plant materials shall have a growth habit that is normal to the species, healthy,
vigorous, free from insects, disease and injury.
Exceptions to the "Florida No. 1," classification will require approval from the City of Miami
Beach Urban Forester.
Sec. 126-10 Buffers between dissimilar Land Uses
Where a non-residential zoning district abuts a residential zoning district, and where such areas
will not be entirely visually screened by an intervening building or structure from the abutting
property, the abutting property line shall be provided by the non-residential property if applying
for new construction with a buffer consisting of the following:
A landscaped buffer strip shall consist of trees with understory evergreen shrubs and
groundcovers within a minimum five (5) foot wide landscaped strip.
Lill Trees with a minimum height of 12 feet shall be planted at a maximum average spacing
of 20 feet on center.
{ Evergreen shrubs at a minimum of 24 to 36 inches high at time of planting may be
used as a buffer and shall form a continuous screen between the dissimilar land uses
within 1 year after planting.
Groundcovers shall be planted as understory to the trees and shrubs within the
landscaped buffer strip.
Lej Where site limits or constraints do not allow the five (5) foot wide landscaped buffer strip,
provide a six (6) foot high wall or approved fence with a life expectancy of at least 10
years. Vines may be used in conjunction with fences, screens or walls. in order to soften
blank wall conditions.
Sec. 126-11 Landscaped Areas in Permanent Parking Lots
At-grade parking lots. For the purpose of this Section, the term "at-grade" parking lot shall
encompass commercial parking lots and non-commercial parking lots as described in Section
114-1 whether they are primary or accessory uses and that portion of a lot which is underneath
the building and is at-grade which is utilized for parking. Notwithstanding the requirements in
this Section in no instance shall the required landscaped area be less than 20 percent of the
total area.
A landscape plan that specifies and quantifies the existing and/or proposed plant material
inclusive of mature shade trees, hedge material, ground cover and in-ground irrigation shall be
submitted for review and approval by the planning department, according to the following
criteria:
Page 16 of 31
Lal 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 width of eight (8) feet, six (6) inches, exclusive of the curb dimension, and shall
be planted or covered with other landscape materials.
ILDI For each row of parking there shall be landscaped areas with trees within the first 90
linear feet, and one (1) landscaped area provided with a tree for each additional 90
linear feet. When a minimum eight (8) feet, six (6) inch clear landscape area is provided
between two rows of parking, the landscape areas with trees every 90 linear feet is not
required. This eight (8) feet, six (6) inch wide landscape area shall be planted with trees
no greater than 20 feet on-center.
Lcj For each row of parallel parking there shall be a minimum of two (2) landscape areas,
such as in a curbed bulb out, for every three (3) parking spaces. The landscape areas
shall be equally spaced wherever possible. Parallel parking landscape area/tree place
details such as curbed bulb outs shall be approved by the Public Works Department.
All required trees shall be of an approved shade tree variety which shall attain a
minimum mature crown spread greater than 20 feet.
Landscaped areas shall require protection from vehicular encroachment. Car stops shall
be placed at least two (2) feet six (6) inches from the edge of the paved area.
in All parking stalls, access aisles and driveways in residential uses shall be separated
from any building by a minimum of 30 inches and landscaped with shrubs, groundcover,
or other suitable plant materials.
19.E All parking lots adjacent to a right-of-way or private street shall be screened by a
continuous planting layer of trees, shrubs, and groundcover.
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 spaced a
maximum of 20 feet on center. In certain instances, a solid and continuous masonry six
(6) foot high wall may be approved and used in lieu of a landscape area. The approved
wall surface shall be stuccoed, painted, tiled, or textured in such a way to provide a
decorative effect.
La These requirements are in addition to any applicable required open space as provided in
these regulations.
fl All landscaping that is placed on the lot shall be maintained in good condition so as to
present a healthy, neat and orderly appearance. Prior to the issuance of an occupational
Page 17 of 31
license for a temporary parking lot, the applicant shall submit a plan for a recurring
maintenance schedule that includes, but is not limited to, cleaning the lot, clipping of
hedge material, removing and replacement of dead plant material, fertilization and
irrigation. This maintenance plan shall be approved by the planning department.
Sec. 126-12 Temporary and Provisional Parking Lot Standards
01 Temporary Parking Lot: Required Landscaping.
A landscape plan that specifies and quantifies the existing and/or proposed plant
material inclusive of mature shade trees, hedge material, ground cover and in-ground
irrigation shall be submitted for review and approval by the planning department,
according to the following criteria:
al At a minimum, the plan shall indicate a five-foot wide, landscaped area bordering the
surface area along a property line, street, alley or sidewalk. The areas fronting a
street or alley shall be landscaped with a grouping of three palms every 15 linear feet
of frontage or one canopy tree every 20 feet of frontage. All landscaped areas shall
utilize St. Augustine grass or planted material acceptable to the planning department.
g1 A hedge that is at least 36 inches (three feet) in height at the time of planting shall be
installed on the entire perimeter of the lot; hedges on street or alley frontages shall
not exceed 42 inches (three feet, six inches) in height at maturity. The hedge
material planted on any side of the lot that abuts the lot line of another property shall
be at least 48 inches (four feet) in height at time of planting and shall not exceed 60
inches (five feet) at maturity.
gi For temporary parking lots seeking an extension of time from the planning board, the
interior landscaping of lots exceeding 55 feet in width, shall be a minimum of five
percent of net interior area. One shade tree or grouping of three palms with a clear
trunk of at least six (6) feet shall be provided for each 100 square feet or fraction
thereof of required landscaped area. Such landscaped areas shall be located and
designed in such a manner as to divide and break up the expanse of paving. Parking
lots that are 55 feet wide or less shall not be required to provide interior landscaping.
Ltil Landscaped areas shall require protection from vehicular encroachment. Car stops
shall be placed at least two (2) feet six (6) inches from the edge of the paved area.
01 Notwithstanding the dimensions of a parking lot, an in-ground irrigation system that
covers 100 percent of the landscaped areas shall be required and shown on the
landscape plan.
(6) All landscaping that is placed on the lot shall be maintained in good condition so as
to present a healthy, neat and orderly appearance. Prior to the issuance of an
occupational license for a temporary parking lot, the applicant shall submit a plan for
a recurring maintenance schedule that includes, but is not limited to, cleaning the lot,
clipping of hedge material, removing and replacement of dead plant material,
fertilization and irrigation. This maintenance plan shall be approved by the planning
department.
Page 18 of 31
Provisional Parking Lot: Landscaping requirements.
al A landscape plan that specifies and quantifies the proposed and/or existing plant
material inclusive of mature shade trees, hedge material and ground cover shall
be submitted for review and approval by the planning department.
At a minimum, the plan shall indicate a two (2) feet six (6) inches wide landscaped
area bordering the surfaced area along all property lines. All landscaped areas shall
utilize St. Augustine grass or planted material acceptable to the planning department.
A hedge that is at least 36 inches in height at the time of planting shall be installed
on the entire perimeter of the lot; the side or sides of the lot that face a street or an
alley shall not exceed 42 inches in height at maturity. The hedge material planted on
any side of the lot that abuts the lot line of another property shall be at least 48
inches (four feet) in height at time of planting and 60 inches (five feet) at maturity.
gl The areas fronting a right-of-way or an alley shall be landscaped with a grouping of
three (3) palms every 20 linear feet of frontage or one canopy tree every 25 feet of
frontage.
al An in-ground irrigation system that covers 100 percent of the landscaped areas shall
be required.
al Landscaped areas shall require protection from vehicular encroachment. Car stops
shall be placed at least two (2) feet six (6) inches from the edge of the paved area.
S5) All landscaping that is placed on the lot shall be maintained in good condition so as
to present a healthy, neat and orderly appearance. Prior to the issuance of an
occupational license for a provisional parking lot, the applicant shall submit a plan for
a recurring maintenance schedule that includes, but is not limited to cleaning the lot,
clipping of hedge material, removing and replacement of dead plant material,
fertilization and irrigation. This maintenance plan shall be approved by the planning
department.
Sec. 126-13 Landscape Installation
Landscape installation procedures are pursuant to the City of Miami Beach Landscape
Installation and Specifications Standards.
Sec. 126-14 Irrigation
All newly-planted and relocated plant material shall be watered by a permanent irrigation
system. The following methods are encouraged to conserve water:
01 Cisterns and rain barrels are encouraged to conserve water, supplement irrigation
systems, and as components of permanent irrigation systems.
Page 19 of 31
Brown & Grey Water Irrigation is encouraged as follows:
al Brown Water Turf Irrigation: After treatment of effluent from toilets and kitchen,
recycled water may be used to irrigate the lawn grass/sod areas. Subsurface dripline
irrigation may be used throughout the lawn grass/sod areas and soil moisture
sensors contribute to control the watering regime.
21 Grey Water Irrigation: Grey water from showers and hand basins is treated to a
secondary standard and then pumped out to irrigation. Grey water may be used to
irrigate trees and plants. Subsurface dripline irrigation may be used with the purple
piping and similar to lawn/sod area irrigation, this system is split into zones to control
the watering regime.
Sec. 126-15 Site and Landscape Lighting
{ Site lighting is considered pedestrian scale lighting with luminaires/fixtures mounted on
individual poles located along walkways and open spaces on a site.
an Landscape lighting is considered accent lighting for trees, palms, understory plantings,
and pathways. Low voltage landscape lighting is encouraged.
Lcj This Section does not include architectural/building type lighting or sports field, vehicular
or parking lot type lighting.
Site and landscape lighting shall be controlled with timers or sensors, in order to avoid
electrical use all night.
Sec. 126-16 Landscape Maintenance
The owner and occupant is responsible to ensure that landscaping required to be
planted pursuant to this ordinance 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 healthy condition.
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.
Trees shall be pruned in the following manner:
Page 20 of 31
All cuts shall be clean, flush and at functions, 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.
21 Removal of dead wood, crossing branches, weak or insignificant branches, and
sucker shall be accomplished simultaneously without any reduction in crown.
01 Cutting of lateral branches that results in the removal of more than 1/3 of all
branches on one (1) side of a tree shall only be allowed if required for hazard
reduction or clearance pruning.
01 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.
No more than one third (1/3) of a tree's living canopy shall be removed within a one
(1) year period.
Trees shall be pruned according to the current ANSI A300 Standards.
plants in those areas. All s ree rees as well as an o her landscape ma erial • e ri•h
of way are the responsibility of the adjacent property owner to maintain up to the edge of
pavement for the travel lanes or the centerline of the right of way if no travel lanes are
present.
Sec. 126-17 Enforcement and Penalties
Lal Penalties.
A violation of Chapter 126, cited pursuant to the City of Miami Beach Landscape
Ordinance, must be subject to the following fines. The special master must not waive
or reduce fines set by this section. The code compliance department shall provide a
30 days cure period for violations which can be cured, such as maintenance issues,
prior to issuing a citation.
a. If the violation is the first violation: $500.00.
b. If the violation is the second violation within the preceding 12 months: $1,000.00.
c. If the violation is the third violation within the preceding 12 months: $1,500.00.
d. If the violation is the fourth or subsequent violation within the preceding 12
months: $2,000.00.
Page 21 of 31
a. If the violation is the first violation: $1,000.00.
- • ... ..
e.
Enforcement. The Code Compliance Department shall enforce the provisions of this
Division. This shall not preclude other law enforcement agencies or regulatory bodies
from any action to assure compliance with this Division, and all applicable laws. If an
enforcing officer finds a violation of this Division, the officer may issue a Notice of
Violation to the violator. The Notice of Violation must inform the violator of the nature
of the violation, amount of fine for which the violator is liable, instructions and due
date for paying the fine, notice that the Violation may be appealed by requesting an
administrative hearing within ten days after service of the Notice of Violation, and
that failure to appeal the violation within the ten days, shall constitute an admission
of the violation and a waiver of the right to a hearing.
a. No certificate of completion, occupational license, or final certificate of occupancy
shall be issued unless the Planning Department has determined that the installed
landscaping substantially meets the requirements as listed in the approved
landscape plan(s) and as certified by the Landscape Architect of Record.
b. Modifications to the approved landscape plan(s) and approved landscape
installations are not allowed and will be considered a violation of this code,
unless such modifications are approved by the Planning Director or designee, or
the design review or historic preservation board, as applicable.
c. The Planning Department shall have the right to inspect the lands affected by this
code, at any time, and is authorized to advise the Code Compliance Department
of any violations.
d. Failure to maintain landscaping according to the terms of this Chapter shall
constitute a violation of this code. Also, failure to plant, preserve or maintain each
individual tree and plants shall be considered to be a separate violation of this
code.
Ltn Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal.
a. A violator who has been served with a Notice of Violation must elect to either:
1. Pay the civil fine in the manner indicated on the Notice of Violation; or
Page 22 of 31
2. Request an administrative hearing before a special master to appeal the
Notice of Violation, which must be requested within 10 days of the issuance
of the notice of violation.
b. The procedures for appeal by administrative hearing of the Notice of Violation
shall be as set forth in Sections 30-72 and 30-73 of the City code.
c. If the named violator, after issuance of the Notice of Violation, fails to pay the civil
fine, or fails to timely request an administrative hearing before a special master,
the special master may be informed of such failure by report from the officer.
Failure of the named violator to appeal the decision of the officer within the
prescribed time period must constitute a waiver of the violator's right to an
administrative hearing before the special master, and must be treated as an
admission of the violation, which fines and penalties to be assessed accordingly.
d. A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal property
owned by the violator, which may be enforced in the same manner as a court
iudgment by the sheriffs of this state, including levy against the violator's real or
personal property, but shall not be deemed to be a court judgment except for
enforcement purposes.
e. Any party aggrieved by a decision of a special master may appeal that decision
to a court of competent jurisdiction.
f. The Special Master shall be prohibited from hearing the merits of the Notice of
Violation or the consideration of the timeliness of a request for an administrative
hearing, if the violator has failed to request the administrative hearing within ten
(10) days of the issuance of the Notice of Violation.
g. The Special Master shall not have discretion to alter the penalties prescribed in
Subsections 126-17 (a) and (b) herein.
Enhanced penalties. The following enhanced penalties shall be imposed, in addition to
any mandatory fines set forth in subsections (a)(1) and (a)(2) above, for violations of this
Chapter:
LU Enhanced penalties for Subsection (a)(1):
a. If the offense is a fourth offense within the preceding 12 month period of time, in
addition to the fine set forth in subsection (a)(1), the property owner, landscape
company or any affiliates shall be prohibited from receiving a landscaping
approval for a three (3) month period of time.
b. If the offense is a fifth offense within six (6) months following the fourth offense,
in addition to any fine set forth in subsection (a)(1), the property owner,
landscape company or any affiliates shall be prohibited from receiving a
landscape approval for a six (6) month period of time. The property owner,
landscape company or permittee shall be deemed a habitual offender.
Page 23 of 31
c. The Planning Department may decline to issue future landscape approval to
such person, individual, entity, business, company or any affiliates that have
been deemed habitual offenders pursuant to this section for a period of up to one
year.
d. The Planning Director may withhold approval of a final building inspection if
landscape installations do not comply with the approved landscape plans and
details.
L7 _
c. The Public Works Department shall decline to issue a Tree Work Permit to such
Sec. 1261. Purpose.
Sec. 126 2. Scope of review.
{1) Provision of shade and coolness;
•
* * *
Page 24 of 31
vegetation are required•
{1) All permits for plumbing, heating, air conditioning, elevators, fire alarms, and
Sec. 126 4. Elements of the landscape plan.
{1) Location of all existing vegetation by name and size, trees to remain, to be relocated
either on or off_cite or try he removed;
names, quantities, height, spread, spacing and grades;
(3) All paving material;
t
Page 25 of 31
(b) No certificate of completion, occupational license, or certificate of occupancy shall be
Sec. 126 6. Landscape criteria.
When the site is located in an area designated for landscape review, the following
a. Surface/ground treatment. One canopy tree or grouping of three palms shall be
b. Hedges.
1. Required front yards. In required front yards hedges, ground cover, vines, and
(2) At grade parking lots. For the purpose of this Section, the term "at grade" parking lot
which is underneath the building and is at grade which is utilized for parking.
fellows=
Page 26 of 31
1. Landscaping shall include one tree or grouping of three palms for each 30
addition, a hedge, wall or other landscape barrier not to exceed 3 1/2 feet at
owner,
follows. The perimeter of parking areas abutting residential or commercial
material is used as the screening device, it shall not be less than a height of 30
y-
be located near the perimeter of the paved area. Such required interior
shall be placed at least 2 1/2 feet from the edge of the paved area. The minimum
--- - - - --
or-dense hedge of at least three and one half feet in height, one shade tree or
linear feet along the side property lines, and one shade tree or three palms per 30
Page 27 of 31
d.
- - - - - - -
SECTION 2. That Chapter 130, entitled "Off-Street Parking," Article III, entitled "Design
Standards," of the Code of the City of Miami Beach is hereby amended as follows:
Sec. 130-70. -Temporary parking lot standards.
(1) Temporary commercial or noncommercial parking lots may be operated in the MR marine
district, GU government use district, MXE mixed use entertainment district, I-1 urban light
industrial district or in any commercial district. These lots may be operated independent of a
primary use. Temporary, noncommercial lots may be located in the R-PS1-4 and in any
multifamily residential district or within the architectural district as defined in Section 114-1.
One sign per street frontage is permitted. The maximum size of each sign shall be five
square feet per 50 feet of street frontage. This sign shall also include copy that indicates the
name of the operator, the phone number of operator to report complaints, and who can use
the parking facility; i.e., whether it is open to the general public, private, valet or self-
parking.
(8) Landscaping requirements shall be pursuant to Section 126-12 of the Land Development
Regulations.: - -- - - - _- _ •e - - - • - - _ -e - - - -----
a. At a minimum, the plan shall indicate a five foot wide, landscaped area bordering the
b. A hedge that is at least 36 inches in height at the time of planting shall be installed on
the entire perimeter of the lot; hedges on street or alley frontages shall not exceed 12
Page 28 of 31
landscape-plan-
f. All landscaping that is placed on the lot shall be maintained in good condition so as to
present a healthy, neat and orderly appearance. Prior to the issuance of an
departmen+
acPm-crncrrr:
Sec. 130-71. - Provisional parking lot standards.
When permitted, the following standards are established for provisional parking lots:
(1) Provisional commercial or noncommercial parking lots may be operated in the CD1-3
(commercial, low to high intensity) districts, CPS-1 and 2 (commercial performance
standards districts), I-1 (urban light industrial) district, and MXE (mixed use
entertainment) district. These lots may be operated independent of a primary use. One
sign per street frontage is permitted. The maximum size of each sign shall be five
square feet per 50 feet of street frontage, not to exceed 20 square feet. This sign shall
also include copy that indicates the name of the operator, the phone number of
operator to report complaints, the phone number for Code Compliance, and who can
use the parking facility; i.e., whether it is open to the general public, private, valet or
self-parking.
* * *
(6) Landscaping requirements shall be pursuant to Section 126-12 of the Land
Development Regulations.=
landscaped area bordering the surfaced area along all property lines. All
the lot that face a street or an alley shall not exceed 12 inches in height at
Page 29 of 31
three palms every 20 linear feet of frontage or one canopy tree every 25 feet of
frontage-
c. An in ground irrigation system that covers 100 percent of the landscaped arc\ac
shall-be-required,
the lot, clipping of hedge material, removing and replacement of dead plant
the planning department
SECTION 3. APPLICABILITY.
This Ordinance shall not apply to projects that have an approved Order from the Board of
Adjustment, Design Review Board, Historic Preservation Board, or Planning Board issued prior
to the effective date of this Ordinance, Developments that have submitted a complete
application for hearing before the Board of Adjustment, Design Reivew Board, Historic
Preservation Board, or Planning Board, or that have been issued a building permit process
number prior to the date of second reading of this Ordinance.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all Section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 5. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or reentered to accomplish
such intention; and that the word "ordinance" may be changed to "Section" or other appropriate
word.
SECTION 6. SEVERABILITY.
If any Section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED and ADOPTED this If day of OC/Dhe/ , 2016
MAYOR l
ATTEST:
Page 30 of 31
(c7(714%.
CITY L �
. �%%%�5"%%%% APPROVED AS TO
.. PM ,. -1 ,,p,�� FORM AND LANGUAGE
� , 0 ♦ & F+R EXE TION
.. I .--'."44`.1 411 018''' ....04111 4ij 1 a , ,
' 'NCORP ORATED; ; ity Attorn - Date
First Reading: September 14, 16'_••. ' r
Second Reading: October 19, 2 16 2,._''.... ,,\C_-=
r
2
Verified by: �I
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
dough denotes deleted language
T:\AGENDA\2016\September\Planning\Landscape Chapter 126 Landscaping-First Reading ORD.docx
Page 31 of 31
Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
10:20 a.m. Second Reading Public Hearing
SUBJECT: CHAPTER 126 - LANDSCAPE ORDINANCE:
' AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 126,
"LANDSCAPING," BY EXPANDING THE APPLICABILITY, SUBMITTAL
REQUIREMENTS FOR LANDSCAPE PLANS, EXPANDING MINI MUM
LANDSCAPE STANDARDS, DETAILING MAINTENANCE REQUIREMENTS FOR
REQUIRED LANDSCAPING, AND PROVIDING FOR THE DEPOSIT OF FUNDS
TO THE CITY OF MIAMI BEACH TREE PRESERVATION TRUST FUND FOR
NOT COMPLYING WITH LANDSCAPE REQUIREMENTS; BY AMENDING
CHAPTER 130, ENTITLED "OFF-STREET PARKING," ARTICLE III, ENTITLED
"DESIGN STANDARDS," TO INCORPORATE LANDSCAPE STANDARDS FOR
TEMPORARY AND PROVISIONAL PARKING LOTS INTO THE CITY OF MIAMI
BEACH LANDSCAPE ORDINANCE; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
On June 10, 2015, at the request of Commissioner Malakoff, the City Commission referred the
subject Ordinance amendment (Item C4I) to the Land Use and Development Committee.
Additionally, the matter was referred to the Planning Board.
On June 17, 2015, the Land Use and Development Committee discussed the item and
continued it to the July 29, 2015 meeting. The Committee directed the Administration to
prepare an ordinance amendment to Chapter 126 and to Chapter 46, so that the two chapters of
the Code are consistent.
On July 29, 2015, the Land Use and Development Committee requested that recommendations
from the Greenspace/Tree Advocacy Group (GTAG) be incorporated into the Ordinance and
continued the item to the September 9, 2015 meeting. On September 9, 2015, the Land Use
and Development Committee continued the item to the November 18, 2015 meeting. The
November 18, 2015 and December 2, 2015 meetings of the Land Use and Development
Page 716 of 1614
Committee were cancelled; therefore, the item was continued to the January 20, 2016 meeting.
On January 20, 2016, the Land Use and Development Committee discussed the proposed
ordinance and continued it to the February 17, 2016 meeting.
On February 17, 2016, the Land Use and Development Committee recommended that the
ordinance be sent to the Planning Board with a favorable recommendation, including the current
requirement that homeowners maintain swale trees. On March 9, 2016, the City Commission
referred the subject ordinance amendment (Item C4B) to the Planning Board.
On May 11 , 2016, the City Commission opened and continued First Reading of the item to July
13, 2016 in order to allow for the review of the item for consistency with Miami-Dade County's
minimum landscape requirements. The item was moved from the July 13, 2016 agenda to
September 14, 2016, in order to address an issue with the Title of the legislation.
According to the U.S. Department of Agriculture (USDA) Forest Service trees are a valuable
resource worth three times their initial investment. They reduce carbon dioxide and air
pollutants, reduce energy costs by providing shade, and increase the frequency of shopping
and amount spent in commercial areas by creating a more comfortable atmosphere, and
increase property values, among other benefits.
Chapter 126 of the Land Development Regulations (LDR's) provides the City's existing
minimum landscape standards for private properties. The requirements of the landscape
regulations are applicable to all building permits for new construction, substantial rehabilitation or
additions to existing buildings when located in areas designated for design review, conditional
use or variance procedures and property in the redevelopment area. Additionally, permits for
demolition require a landscape survey to insure that valuable existing trees are not damaged or
destroyed. Trees that have a trunk diameter of eight or more inches may not be removed without
the approval of the Environment and Sustainability Division, Urban Forrester.
These standards are generally consistent with the minimum landscape standards of Miami-Dade
County. However, these standards are currently insufficient to achieve many of the benefits
described by the USDA and desired by the City.
As the need to protect existing tree species has become more apparent, revisions to Chapter
126 of the LDR's are in order, to compliment and be consistent with the requirements of
Chapter 46, Article II of the City Code pertaining to the care and maintenance of trees and
plants. The attached ordinances propose updates to Chapter 126 of the LDR's, as well as to
Chapter 46 of the City Code, to be consistent with established policy goals of enhanced
landscaping and the preservation of existing tree canopy in the City. These modifications will
complement the City's other efforts in tree protection, such as assuming the responsibility for
tree removal permits from Miami-Dade County, which occurred on June 15, 2015. The analysis
that follows details the proposed modifications.
City of Miami Beach Landscape Ordinance
Staff has developed a draft landscape ordinance that establishes minimum landscape
standards utilizing best practices for South Florida in order to accomplish the following:
• Enhance, improve, and maintain the quality of landscape.
• Prevent the destruction of the City's existing tree canopy and promote its expansion.
Page 717 of 1614
• Improve the aesthetic appearance of new development and protecting designated historic
landscapes.
• Promote sound landscaping principles through the use of drought and salt tolerant plant
species and also to promote planting the right tree and plant in the right place.
• Promote the use of trees and shrubs for energy conservation, thereby helping to offset
global warming and local heat island effects.
Submittal Requirements
The proposed ordinance establishes that the following types of plans must be submitted with
building permit applications for new construction, substantial rehabilitation or additions to
existing buildings, as well as applications submitted for land use board approval:
Vegetation Survey
• Tree Disposition Plan
Landscape Plan
• Irrigation Plan
• Site and Landscape Lighting Plan
The ordinance requires that the vegetation survey be prepared by a professional land surveyor
licensed to practice in the state of Florida. It also requires that the landscape plans be prepared
by a landscape architect licensed to practice in the State of Florida. In addition, it requires that
irrigation plans and the site and landscape lighting plans be prepared by a landscape architect
or other persons authorized by Chapter 481, Florida statutes.
The proposal also requires that no permit for development activity be issued unless any
necessary tree removal permits have been obtained or it has been determined that no tree
removal permit is required pursuant to the tree preservation and protection criteria described in
Chapter 46 of the City Code.
Minimum Standards
The proposed ordinance establishes minimum standards for the following criteria:
• Trees
• Lawn Grass/Sod Area
Minimum Number of Trees
• Large Shrubs or Small Trees
Shrubs
• Vines
Groundcover and Grasses
• Soil
• Fertilizer
• Mulch
• Plant Quality
• Buffers between dissimilar Land Uses
Landscaped Areas in Permanent Parking Lots
• Temporary and Provisional Parking Lot Standards
• Landscape Installation
• Irrigation
• Landscape Maintenance
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The existing landscaping standards generally require that there be one canopy tree or grouping
of three palms for every 25 linear feet of frontage in required yards. The proposed ordinance
includes more specific criteria as to the dimensions, spacing, and types of trees. A table
indicates the number of trees per lot in each of the various zoning districts throughout the City.
In an effort to improve the City's canopy and increase shade, the proposed ordinance indicates
that, although permitted, palm trees do not count towards meeting the minimum tree canopy
requirements.
The proposed ordinance also establishes a Tree Trust Fund. Should an applicant not be able to
accommodate the required landscaping onsite or offsite in a public space approved by the City,
the applicant has the option of paying into the Tree Trust. The revenue in the fund can be used
for projects such as street tree plantings, tree plantings in public lands, and projects that restore
and enhance the City's tree canopy.
The standards for soil, fertilizer, mulch, plant quality, installation, irrigation, and maintenance are
intended to ensure that landscaping that is planted within the City survives and thrive. It requires
that if a tree that is used to satisfy the minimum requirements of the code dies, that it be
replaced with the same type of landscape material or an approved substitute.
In an effort to improve sustainability and reduce groundwater withdrawals, the standards
encourage the use of treated brown and grey water for the use of irrigation in order to conserve
potable water. The ordinance proposes that guides and standards be created by the City in
order to encourage and regulate them.
Modifications to Chapter 46 are also proposed, as a separate ordinance, in order to be
consistent with the revisions to Chapter 126. The modifications include reducing the minimum
review caliper from 12 inches to six inches.
PLANNING BOARD REVIEW
On April 19, 2016, the Planning Board (by a 7-0 vote) transmitted the proposed Ordinance with
modifications to the City Commission with a favorable recommendation. The modifications are
described below:
• Section 126-2: Provide a definition for"Net Lot Area".
• Section 126-6 (c)(1): Add "roofs" to the list of upper level areas.
Section 126-10: Clarify that buffers are to be provided "by the non- residential
property if applying for new construction".
Section 126-11: Remove requirements (a) and (b); clarify the requirements for bulb outs
in parallel parking rows; and incorporate standards (a), (a)(4) and (a)(6) from Temporary Parking
Lot standards.
Section 126-12 (b): Incorporate standard (a)(4)from Temporary Parking Lot Standards.
• Section 126-17: Allow fora 30-day cure period.
• Incorporate an applicability clause for projects that have applied for a Land Use Board
hearing or have a building permit process number as of the date of second reading of the
ordinance.
UPDATE
At the request of the City Commission, the Public Works Department has taken an inventory of
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the number and geographic distribution of the small, medium, and large trees and palms in
every right-of-way throughout the City. Based upon this inventory, and the necessary
pruning/maintenance frequencies for each type of tree/palm, it was determined that a hybrid
(contractor/in-house staff,) approach will serve the City best as it pertains to maintenance. In
order to properly and routinely maintain the close to ten thousand trees and palms in the City
year-round to proper arboricultural standards, the following costs would be incurred:
Approximately$1,300,000 in tree specialist contractor fees.
Approximately $236,000 in salaries and benefits for the addition of two licensed
professional tree trimmers to be added to Greenspace Mgt.'s existing Tree Crew.
The total estimated cost of this effort would be approximately$1,536,000.00 annually.
The Administration has sought a review of the proposed Landscape Ordinance by Miami-Dade
County to ensure consistency with the County's minimum landscape requirements that apply to
municipalities. On August 11 , 2016, the Miami-Dade County Department of Regulatory and
Economic Resources confirmed that the proposed Ordinance was consistent with the County's
minimum landscape standards.
Based upon further review of the proposal by the Public Works Department, Environment and
Sustainability Department, and Planning Department, an additional six modifications and
clarifications are recommended, which are included in the attached Ordinance amending
Chapter 126:
1 . Modify the title to reference that funds generated through the Landscape Ordinance
will be deposited into the existing Tree Preservation Trust Fund.
2. Modify section 126-2 to add a definition of Tree Trust Fund, so that funds generated
through this ordinance are deposited into the existing Tree Preservation Trust Fund
established in Chapter 46 of the City Code.
3. Modify section 126-6 to include requirements for street trees to ensure that they are
consistent with the requirements of the Association of State Highway and Transportation
Officials (AASHTO) Roadside Design Guide, and to clarify that if required street trees or
trees under power lines cannot be planted as a result of requirements from the Public
Works Department, that trees be planted elsewhere on the site or that the applicant
utilize the Tree and Shrub Compliance Options.
4 . Modify the title of section 126-7 to clarify that it establishes options for compliance
with minimum tree and shrub requirements.
5 . Remove section 126-8, since there is a clarification proposed requiring that funds
generated through the Landscape Ordinance will be deposited into the existing Tree
Preservation Trust Fund.
6. Remove sections 126-17 (a)(2) and (b)(2), since violations for failure to obtain a tree
work permit are established in Section 46-67 of the City Code, therefore the fines for
such violations should not be repeated in Chapter 126.
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The subject Ordinance was approved at First Reading on September 14, 2016, with no
changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
o First Reading Ordinance - Form Approved
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