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O-730-16 ORDINANCE NO. 73046 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING DIVISION 17 LANDSCAPING, SECTION 536 DESIGN STANDARDS, SECTION 537 MAINTENANCE STANDARDS AND SECTION 538 LANDSCAPING DESCRIPTIONS AND DEFINITIONS; OF ZONING APPENDIX A, OF THE VILLAGE'S CODE OF ORDINANCES BY REPEALING THE CONTENTS OF DIVISION 17 IN ITS ENTIRETY AND ADOPTING A NEW DIVISION 17 LANDSCAPING, SECTION 536 DESIGN STANDARDS, SECTION 537 MAINTENANCE STANDARDS AND SECTION 538 LANDSCAPING DESCRIPTIONS AND DEFINITIONS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, During the regular meeting of Tuesday, September 22, 2015, the Village Council proposed an amendment topic regarding landscaping and requested that the Planning Board review the applicable Code sections and consider an amendment thereto, and thereafter the Planning Board conducted a number of workshops and hearings, proposing an amendment to the Code; and, WHEREAS, During the Planning Board's public hearings, workshops and deliberations, the Board considered landscaping issues including plantings and material, landscaping maintenance, and definitions, WHEREAS, It is in the best interest of the Village to amend Division 17 Landscaping, Section 536 Design standards, Section 537 Maintenance standards and Section 538 Landscaping descriptions and definitions by repealing Division 17 in its entirety and adopting a new Division 17, Section 536 Design standards, Section 537 Maintenance standards and Section 538 Landscaping descriptions and definitions; NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL, that: Section 1. The provisions and language currently contained in the Zoning Appendix, Division 17, Section 536 Design standards, Section 537 Maintenance standards and Section 538 Landscaping descriptions, of the Miami Shores Village Code of Ordinances are hereby repealed in their entirety. Section 2. Simultaneously with the repeal effectuated by Section 1 above, Division 17 of the zoning appendix to the Village Code of Ordinances is hereby amended by adopting a new Division 17, Section 536 Design standards, Section 537 Maintenance standards and Section 538 Landscaping descriptions as set forth and attached to this Ordinance. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance, which shall be deemed to be severable therefrom. Section 4. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Section 5. This ordinance shall take effect immediately upon approval and adoption on second reading. Section 4. This Ordinance shall become effective immediately upon second and final reading. APPROVED on first reading this 19`h day of July 2016. PASSED AND APPROVED on second reading this 20th day of Sept. 2016. Alice Burch, Mayor ATTEST: Barbara A. Estep,MM Village Clerk APPROVED AS TO FORM: Richard Sarafan Village Attorney DIVISION 17. -LANDSCAPING Sec. 536. -Design standards. (1) Green space: a. Must be planted with living plant material including but not limited to one or a mix of shrubs, lawn, turf grass, sod or living ground cover, that provides complete ground coverage, except: 1. Up to ten (10) percent of the green space area in the front yard may be covered with decorative landscaping stone of not less than one-half (5) inch in diameter when used for decorative purposes as an adjunct to planting beds. 2. Up to twenty(20) percent of the green space area in the side and up to twenty(20) percent of the green space area in the rear yard may be covered with decorative landscaping stone of not less than one-half(5) inch in diameter when used for decorative purposes as an adjunct to planting beds. b. Not less than two (2)trees must be planted on a plot. (2) The use of impervious material in the front, side and rear yards is prohibited except for areas dedicated to approved patios, pool decks tennis courts, village play fields and vehicular driveways where brick, concrete and asphalt must be used for the driveway and where the spaces between driveway slabs not more than six (6) inches in width may be filled with minimum three-quarter (3/) inch dimension natural colored rock including crushed rock, slate, river rock and pebbles. Chattahoochee stone or similar materials must not be substituted for grass, sod or living ground cover. (3) A boat storage area of 260 square feet surfaced by gravel rock of one-half inch diameter, or greater, is permitted. (4) Use of mulch or decorative landscaping stone as ground cover to enhance the growth of an adjacent shrub or tree is permitted in green spaces; however cypress mulch, shell, crushed stone pebbles, inorganic mulch, plastic, rubber and glass must not be used. (5) Vegetable gardens are permitted in rear yards only. (6) Safe site distance / triangle driveways. Hedges and all landscaping plants and material are subject to the driveway safe site distance /triangle requirements of Section 521 (b)(1)f. Hedges and other landscaping plants and material must not exceed two and one-half (2.5) ft. in height within the safe site distance/triangle. Sec. 537. -Maintenance standards. (1) Property owners are responsible for the proper maintenance of landscaping on their property in accordance with the ordinances of Miami Shores Village. (2) Landscape and Yard maintenance: a. Landscape plants and material installation, maintenance and upkeep: 1. Landscape plants and material must be installed in compliance with the landscape requirements as set forth in Sec. 536 and Sec. 537. Plant materials that are native or emphasize drought-tolerance are encouraged. Plant selection should be based on the plants adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color and texture. 2. Landscape plants and material must be maintained so as to present a healthy and neat appearance free from refuse and debris. b. Organic mulch must be maintained and reinstalled as necessary to maintain its effectiveness. c. Private property must not be allowed or permitted to become overgrown with vegetation including trees, shrubbery, ground covers, lawns and other plants. d. Dead, decayed, trees, shrubs, or other vegetation must be removed. If any tree or plant dies which is being used to satisfy current landscape requirements, such tree or plant must be replaced with the same landscape material or an approved substitute. All work with trees must be undertaken in full compliance with Miami-Dade Code of Ordinances Chapter 24, Article IV, Division 2,Tree Preservation and Protection. e. Trees must be pruned according to the current ANSI A300 Standards and the Miami Dade County Landscape Manual. f. The removal of living trees from property within the Village is governed by Section 24-49, Miami- Dade County Code, except in the case of properties designated as"Historic Landmarks", in which case Section 11-6 of this Code governs. g. Public property must be maintained by the adjoining property owner in a clean, litter-free condition, including public sidewalks, grass strips, swale areas, or rights-of-way up to the edge of pavement of any public street. h. Irrigation systems must be maintained to eliminate water loss due to damaged, missing or improperly operating sprinkler heads, emitters, pipes and all other portions of the irrigation system. i. Trees, shrubs and hedges must be carefully selected and properly planted and maintained so that they: 1. Do not interfere with service lines and traffic safety sight areas; 2. Prevent physical damage to adjoining public improvements; 3. Do not extend into a public right-of-way. (3) Hedges must be pruned and maintained so as to avoid unsightly appearance and to avoid vehicular sight hazards. Hedges must be planted and then pruned in such a manner that the hedge does not grow over property lines and over neighboring properties or public rights-of-way. Property owners that have hedges that are over eight (8) ft. in height must trim the hedge on their neighbor's side if requested by that neighbor. (4) Lawn, turf grass and sod must be mowed regularly, must not exceed eight (8) inches in height and at all times lawn must be kept at a length that provides a neat, well-kept appearance. (5) All yards must be kept with a healthy appearance and must be maintained to limit ponding of water, and the total of all non-growth areas must not exceed twenty-five (25) percent of the front yard nor twenty-five(25) percent of the combined area of the side and rear yards. (7) Property owners are responsible for maintaining the landscaping on parkway areas with the exception of trees. (See Section 20-17 of Code of Ordinances.) (8) Shrubs and trees must be trimmed in accordance with the Miami Shores Village Code of Ordinances. (See Section 10-10). (9) Maximum allowable heights for hedges parallel to property lines must be maintained as provided by Section 518, as amended. (10) All required planting must be a minimum grade of Florida No. 1, or better. (11) Prohibited and controlled tree species, controlled plant species and prohibited plant species, that are prohibited by Miami-Dade County, must not be planted in the village. (12) The Miami-Dade County Landscape Ordinance and Landscape Manual as amended, may be utilized as the primary source to identify recommended and approved trees and ground cover except as otherwise provided by provisions of the Village Code. (13) All landscaping plants, material, mulch or impervious material proposed to be placed in the swale/parkway, with the exception of lawn, turf grass or sod, must be reviewed and approved by the public works director before it may be installed. Driveways or parking areas must be reviewed and approved by the planning director before they are installed. Property owners or their designees must not remove or trim trees within the city right-of-way. Sec. 538. - Landscaping descriptions and definitions. Decorative Landscaping Stone. Stones of not less than one-half (.5) inch in diameter when used for decorative purposes as an adjunct to planting beds. Florida Number One. The minimum standards for plant quality and acceptable method for installation and culture as established by the State of Florida Department of Agriculture in the publication, Grades & Standards for Nursery Plants, Part I and II. Green space. All areas of plot not occupied by buildings or impervious surfaces of any kind and that is located at ground level. Ground cover. A planting of low growing plants that provide a complete cover over an area in one growing season and including the area of lawful mulch around the plant. Landscaping. Living plant material purposely installed for functional or aesthetic reasons at ground level and open to the sky. Landscape maintenance. The irrigation and cultivation, mowing, trimming, fertilizing and watering of landscaping to keep a healthy, vigorous, neat, and orderly appearance, including removal of debris and refuse, replacement of required plantings and the control of growth thereof. Lawn, turf grass and sod. The surface layer of soil that is bound by a solid cover of grassy plants and roots including but not limited to Bermuda, St.Augustine, Zoysia and similar Florida grasses. Mulch. An organic soil additive or decorative topping such as chipped bark or wood chips used for reducing evaporation, weed control, soil enrichment or decorative purposes. Non-growth area. An area that is not covered by approved plantings and that consists of mulch areas or unplanted areas around shrubs or trees.