Ord No 13-14-2191ORDINANCE NO.13-14-2191
An Ordinance of the City of South Miami,Florida amending the Land Development Code,
Section 20-4.5 repealing subsections (A),(H),(I),(J),(K),(L),(M)and (N),deleting and
transferring Section 20-4.5 (D)to 20-4.5.1(15)adding a new section 20-4.5 (A)and
adding Section 20-4.5.1 titled "Tree Protection"including,but not limited to,provisions
concerning intent,definitions,applicability and providing for tree removal requirements,
applications,permits,fees tree mitigation and protection,enforcement,penalties,
remedies,and appeals.
WHEREAS,the definitions of Section 20-4.5 are inadequate;and
WHEREAS,theCity does nothave adequate provisionsinits ordinances toprovide
appropriate tree protection and enforcement ofits tree protection ordinance;and
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1.TheLandDevelopmentCodeofSouth Miami,Florida originally enactedby
Ordinance No.3-96-1603,andasamended,by Ordinance 7-98-1655,isherebyamendedby repealing
subsections (A),Section 20-4.5,deleting Section20-4.5 (D)andaddinganewsection20-4.5 (A)
20-4.5 Landscaping and tree protection requirements forall zoning districts.
(A)Definitions
Definition of Terms for Soction 20 A.5 Only.In constructing the provisions of Section
2(HJ5,where the context will permitandnodefinitionisprovidedin Section 204.5
orinSection20-2.3oftheLand Development Code oftheCityofSouth Miami,then
thedefinitionsprovidedin Chapter 24and Chapter 33ofthe Code of Miami Dade
County,Florida,and Chapter 403,Florida Statutes,as maybe amended fromtime
totime,andinrulesandregulationspromulgated thereunder,as maybe amended
from time to time,which relate to Section 20 4.5,shall apply to Section 20-4.5 only.
except as otherwise changed bythedefinitionincludedinthis subsection (A)as
follows:
Accessways shallmeanthemaximumwidthofan accessway throughthe perimeter
landscaped striptoan off street parkingor other vehicular use area shall be determined
accordingtothePublicWorks Manual,Part I,StandardDetails.Nomorethanone(1)two
way accessway shallbepermittedforany street frontageuptoonehundred (100)linealfeet,
such standards tobeapplicabletoanypropertyunderone(1)ownership.Wheresuch
ownership involves overonehundred (100)feetofstreetfrontage,one(1)additional twoway
ortwo(2)additional one-way drivesmaybepermittedforeachadditionalonehundred (100)
feetoffrontageormajor fraction thereof.Thebalanceofsuch street frontagenot involved with
accessways shall be landscaped in accordance with the provisions of Section 20 4.-5r
Affected tree shallmoananytreewhichshallbe,or already has been,removed,
relocated,or effectively destroyed,thereby requiring a tree permit pursuant to Section 2-0-4r5r
Automatic irrigation system shallmeanan irrigation system witha programmable
controller ortiming mechanism.
Bona fido ogricuitural activitios shallmeanlandusedforthe growing offoodcrops,
nurseries forthegrowingof landscape material,theraisingoflivestock,horse farms,and
othergood faith agricultural uses,exceptany portion ofthe property not eligible for agricultural
exemption.
Ord.No.13-14-2191
Bona fide agricultural purposes shall mean good faith commercial or domestic
agricultural use of the land.In determining whether the use of the landfor agricultural
purposes is bona fide,the following factors set forthin Section 193.461,Florida Statutes (and
as amended from time to time),though nonexclusive,shall be taken into consideration:
(4)
m
The length of time the land has been so utilized;
Whether the use has been continuous;
The purchase pricepaid;
Size,as it relates to specific agricultural use;
Whether an indicated effort has been made tocare sufficiently and
adequately for the landin accordance with accepted commercial
agriculturalpractices,including,without limitation,fertilizing,liming,tilling,
mowing,reforesting,and other accepted agricultural practices;
Whether such landisunder lease and,ifso,the effective date,length,
terms,and conditions of the lease;and
Such otherfactorsas may fromtimetotime become applicable.
Bonafide fruit grove shallmeanagroveof fruit trees specificallyplantedtoproduce
edible fruit forcommercial purposes orpersonal consumption byowner(s).
Botanicalgarden shall mean anypublicly owned realproperty used forthe
cultivation of plants for display or scientific research.
Buffer or perimeterlandscape shallmeananareaof land whichissetasidealong
theperimeterofaparceloflandinwhichlandscapingis required toprovideanaesthetic
transition between different land uses and to eliminate or reduce the adverse environmental
impact,and incompatible land use impacts.
Caliper shall mean for trees underfour(4)inches in diameter,thetrunk diameter
measured ataheightofsixinchesabove natural grade.For trees four (4)inchesandgreater
indiameter,thetrunkdiametermeasuredattwelve (12)inchesabove natural grade.
Canopy shall meanthosetrees which constitutethetallestlayerof foliage.
Canopycover shall moanthe aerial extentofthebranchesand foliage ofa troo.
Canopycoverage shallmeantheextentof ground within the drip lineofa troo.
Clearance pruning shall mean pruning required to avoid damageordanger rolatod
to structures,power distributionandproperty,as defined in the current ANSI 300 Standards.
Colonnade shallmeanaroofor building structure,extending ovor the sidewalk,
opentothestreetandsidewalk,except for supporting columnsor piers.
Common open space shallmoananarea required asopenspaceinthissectionor
Ord.No.13-14-2191
other sections of the Land Development Code of the City of South Miami.
Controlled plant species shall mean those plant species listed in the Landscape
Manual which tend to become nuisances because of their abilityto 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.
Dade County Nursery Report shall mean a monthly,published bulletinlisting
availability of trees,prices of trees,and stock of many major nurseries in Miami-Dade County
which is prepared by the Florida Nurserymen and Grower Association.
Developed land shall mean land upon which structures orfacilities have been
constructed.
Development shall mean any proposed activityormaterial change in the use or
character ofland,including,butnotlimitedto,the placement ofanystructure,utility,fill,orsite
improvement onland,andanyactwhichrequiresabuildingpermit.
Diameter at Breast Height (DBH)shall mean diameter of a tree's trunk measured at
apointfourand one half(4 Y*)feet above naturalgrade.In the case of multiple-trunked trees,
theDHBshall mean the sum of each trunk's diameter measured ata height fourand one-half
(4 Y2)feet above natural grade.
Differential operationschedule shallmeanamethodofschedulingan irrigation
system toapplydifferentquantitiesofwater,and/orapplywateratdifferentfrequenciesas
appropriate,for different hydrozones.
Dissimilarland usos shall mean proximateordirectly associated land uses whichare
contradictory,incongruous ordiscordant,suchas high-density residential,intensive
commercialorindustrial uses locatedadjacenttolow-intensity uses.
Dominance shallmoanthe species orgroupof species havingthelargesttotal
number ofindividualsinthe canopy and/orunderstorywithinadefinedarea.
Drip line shall mean animaginaryverticalline extending fromthe outermost
horizontal circumference ofatree'sbranchesto tho ground.
Dwelling,single family shallmeana residential structurewhichisdesigned for,or
occupied by,one (1)"family",as defined under Section 20 2.3.DofinltioftSr
Duplex dwelling shallmeana residential building designed for,orusedas,tho
separatehomesorrosidencosoftwo (2)separateand distinct families,but having tho
appearance ofa single-family dwelling house.Each individual unit in the duplex shall comply
withthe definition foraone "dwelling,single family".
Energy conversation zone shall meana zono located no more than twenty two (22)
feet from astructureina180degreeband from dueeastofthenortheast point oftho
structure,toduosouth,todue west oftho northwest pointofthestructure.
Environmentally sensitive troo resources shallmeanaspecimentree,natural foroct
community,oranyothertreeortreesthat substantially contribute(s)totheaestheticsofan
area,which aro not exempted from thosepermitroquiremonts.
Ord.No.13-14-2191
Existing development shall mean a site with structures that were legally approved
through the issuance of a Certificate of Use and Occupancy ora Certificate of Completion as
of February 13,1996.
Facultative shall mean plants witha similar likelihood of occurring in both wetlands
and uplands,which are not recognized indicators or either wetland or upland conditions.
Firebreak shall mean an area of bare ground no more than ten (10)feet in width ina
forest which has been created to prevent the spreading ofwildfires.
Florida Number 1 Grade or equivalent shall mean the classification ofthequalityofa
nursery plant as published in Grades and Standards for Nursery Plants,Part II,Fla.Dept.of
Agriculture arid ConsumerServices,Division of Plant Industry.
Forbs shall mean herbaceous plants other than grasses.
Forest management plan shall mean a document which specifies techniques that will
be implemented tomaintainandpreservean individual naturalforestcommunity.
Geologic feature shall mean a natural rock or mineral formation.
Graywater shall mean that portion of domestic sewage emanatingfromresidential
showers,residentialbathroom washbasins,orresidential clothes washing machines.
Ground cover shallmeana dense,extensive growthoflowgrowingplants,other
thanturfgrass,normally reaching anaveragemaximumheightofnotmorethantwenty four
(24)inches atmaturity.
Hat-racking or Topping shallmean flat cuttingthetopofatree,severingtheleader
orleaders,ortheremovalofany branch three(3)inchesorgreaterindiameteratanypoint
other than the branch collar.
Hazard pruning shallmeanthe removal ofdead,diseased,decayedorobviously
weak branches two(2)inches indiameterorgreater.
Heatisland shallmoanan unnaturally high temperature micro climate resulting from
radiationfrom unshaded impervious surfaces.
Hedge shall meanalandscape barrier consisting ofa continuous,dense planting of
shrubs,not necessarily ofthe same species.
Herbaceousplant shallmeana plant having little ornowoody tissue.
Highway shall meanany public thoroughfare,including streets,designed for motor
vehicles.
Hydromulch shall mean a sprayed applicationof seed,mulch andwater.
Hydrozono shallmoana zone inwhichplantmaterialwithsimilarwater needs aro
grouped together.
Included bark shall mean bark thatis pushed inside a developing crotch,causing a
Ord.No.13-14-2191
weakened structure.
Irrigation detail shall mean a graphic representation depicting the materials to be
used and dimensions to be met in the installation of the irrigation system.
Irrigation plan shall mean a plan drawn at the same scale as the landscape plan,
indicating location and specification of irrigation system components and other relevant
information as required by this ordinance.
Irrigation system shall mean a system of pipes or other conduits designed to
transport and distribute water to keep plants ina healthy and vigorous condition.
Landscape feature trellis,arbor,fountain,pond,garden,sculpture,garden lighting,
decking,patio,decorative paving,gazebo and other similar elements.
Landscape material shall mean 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 shall mean aplanindicatingall landscape areas,stormwater
retention/detention areas,areas whichqualifytobe excluded from maximum permitted lawn
area,existing vegetation toberetained,proposed plantmaterial,landscape legend,
landscape features,planting specifications,and details,and all other relevant information
required in Section 20-4.5.
Landscapereplacementplan shall mean adrawingcontaining proposed tree
removal,tree replacement planting,tree relocation,and preservation areas.
Lawnarea shall mean an area planted withlawn grasses.
Manual irrigation system shall mean anirrigation system inwhichcontrol valves and
switches are manually operated rather than operated by automatic controls.
Mixed use shallmeantheapproveduseor occupancy ofbuildingsorparcelsfor
both residential and nonresidential purposesinthe same developmentor project.
Moisture and rain sensor switch shallmeanadevices with the ability toswitchoffan
automatic irrigation controller after receivinga determined amount ofrainfallormoisture
content in the soil.
Mulch shallmeannon living organicmaterials customarily usedinlandscapedesign
toretarderosion,weed infestation,andretainmoisture,andforusein planting areas.
Multifamily residential development shallmeanan approved residential dwelling,
building orstructure(s)designedtobeoccupiedbythree(3)ormore families.
Multiple single family dovolopmonts shallmeanattachedordetachedsingle family
residential developmentsthatare planned asa total project andnotasone single family unit
ononeparcel,such as inPlanned Unit Developmentprojects.
Native habitat shallmeananareaenhancedorlandscaped with an appropriato mix
of native trees,shrubsand ground cover speciesthat resembles a native plant community or
natural forest community in structure and composition oris naturally occurring.
Ord.No.13-14-2191
Native plant species shall mean aplant species witha geographic distribution
indigenous toallorpart of Miami-Dade County.Plants which are described as being native to
Miami-Dade County in botanical manuals such as,but not limitedto,"AFloraofTropical
Florida"byLong and Lakela and "The Biologyof Trees Native to Tropical Florida"byP.B.
Tomlinson,are native plant species within the meaning ofthis definition.Plant species which
have been introduced into Miami-Dade County by man are not native plant species.
Native plant community shall mean anatural association of plants dominated by one
or more prominent native plant species or characteristic physical attributes.
Natural grade shall mean the ground elevation of a property priorto the placement
of any fill on the site.
Natural Forest Community shall mean all assemblages of vegetation designated as
Natural Forest Communities on the Miami-Dade County Natural Forest Community Mapsand
approved by the Board of County Commissioners,pursuant to Resolution No.R 1764-84 and
further defined in Section 24-3 of the Miami-Dade County Code.
Netlotarea shall mean the areawithinlot boundaries ofall lands comprising the
site.Netlotareashallnotincludeanyportionoftheabutting dedicated streets,alleys,
waterways,canals,lakes or any other such dedications.
Nonviable shall mean not capable ofexistingandcontinuingtoprovidebiologicalor
aesthetic qualities associated withahealthy,functioning tree resource.
Onefamilydwelling shall mean aprivateresidentialbuilding used or intended tobe
used as a home or residence inwhichallliving rooms are accessible to each other fromwithin
thebuildingandinwhichthe use and management ofall sleeping quarters,all appliances for
sanitation,cooking,ventilation,heatingor lighting are designed forthe use ofone family only.
Owner-builder shall mean (an)owner(s)infeewho construct(s)nomorethan one
(1)single-familyorduplex residence peryearforpersonal use and occupancy bysaid
owner(s),and not intended for sale.
Overhead irrigation system shallmeanahighpressure,highvolume irrigation
Perimeterlandscape or Buffer shall meananareaof land whichissetasidealong
theperimeterofa parcel oflandinwhich landscaping is required to provide anaesthetic
transition between different land uses and to eliminate or reduce the adverse environmental
impact,and incompatible land use impacts.
Planting detail shallmeana graphic representation ofthe plant installation depicting
thematerialstobeusedanddimensionstobemetintheplacementofplantsand othor
landscape materials.
Preservation area shall mean portions ofasitethataretobe protected from anytree
orunderstoryremoval (except asrequiredbytheCityofSouth Miami)andmaintainedwithout
any development.
Prohibited plant spocies shall meanthose plant species listed in theLandscape
Manual whichare demonstrably detrimental tonative plants,native wildlife,ecosystems,or
human health,safety,and welfare.
Ord.No.13-14-2191
Protective barrier shall mean a temporary fence or structure builtto restrict passage
intoan area surrounding a tree or stand of trees for the purpose of preventing any disturbance
to the roots,trunk,or branches of the tree(s).
Relocated tree shall mean a tree which has been transplanted pursuant to Section
20-4.5 and which continues to be viable at least one year after transplanting.
Replacement tree shall mean a shade tree,small tree,or palm tree required to be
planted pursuant to the provisions of Section 20-4.5.
Root ball shall mean a group of roots extending from the base of a tree trunk that
must be intact when relocating a tree in order to promote tree.
Shrub shall mean a self-supporting woody perennialplantoflowto medium height,
normallygrowingtoa height of twenty-four (24)inches orgreater,characterized bymultiple
stems and branches continuous from the base.
Siteplan shall mean a scaled,comprehensive drawingor set ofdrawings,which
indicates site elevations,roadways,rights-ofway,setbacks,easements and the location of all
site improvements,includingproposedandexistingbuildings,allstructures,parkingareas,
driveways,access roads,otherpavedareas,ingressand egress drives,landscaped opon
space,signage and any other site development.
Specimen tree shall mean atreewithanyindividualtrunkwhich has aDBHof
eighteen (18)inches orgreater,provided,however,thatthe following trees arenot specimen
trsss*
(2)
(4)
All trees listedin Section 204.5(H)(5);
Non-native fruit treesthatarecultivatedorgrown for thespecificpurpose
ofproducingedible fruit,including,butnot limited to,mangos,avocados,or
species of citrus;
Non native species of the genus Ficus;
Allmultitrunktreesinthepalm family,except Acoelorrhaphe wrightii and
Phoenix reclinata whichhaveaminimumheightoffifteen (15)feet.
Sprayhead shall moanan irrigation device which applieswatertothe soil or plant
surface byfixed spray or mist nozzles.
Stabilized lawn area shall meanareaof ground underlain with structural support in
theformofgrasspaversorstabilizedsoilpreparedtowithstandtheloadofintendedvehicular
use,suchas automobiles,fire trucks,andgarbagetrucks.
State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund
establishedunder Florida Statutes Chapter 375(asamended from timetotime)for tho
purposes ofpurchasing environmentally sensitive land.
StateApprovedplantnursery shall moanabusiness actively engaged in
propagating,growing,maintaining,andsoilingtree spocies thathas been licensedto conduct
Ord.No.13-14-2191
such business by the State of Floridaorby Miami-Dade County.
Stormwater retention/detention area shall mean an area designed,built and used for
temporary storage of stormwater.For purposes of this ordinance,these areas are intended to
be permanently exempt from wetlands regulations.
Temporary irrigation system shall mean a system including surface distribution
elements (hose,pipe,etc.)which may be removed when landscape is established.
Topping or Hat-racking shall mean the removal withina one (1)year period,of more
than one thirdofa tree's living canopy,or the removal of any branch three (3)inches or
greater in diameter at any point other than the branch collar.
Tree shall mean a woody orfibrousperennialplantwithatrunkhavinga minimum
DBHof three (3)inches orwithanoverall height of twelve (12)or more feet.Tree shallnot
include any mangrove trees as defined in Section 243(77)of the Code ofMiamiDade
County,Florida.
Tree abuse shall include:
Damage inflicteduponanypartofatree,including the root system,by
machinery,construction equipment,cambium layerpenetration,storage of
materials,soilcompaction,excavation,chemical applicationorspillage,or
change to the natural grade.
(2)
m
(4)
Hatracking.
Girdlingorbarkremovalormorethan one third(1/3)ofthetreediameter.
Tears and splitting oflimb ends orpeelingandstrippingorbarkresulting
from improper pruning techniques notin accordance with the current ANSI
A300 Standards.
Tree canopy cover (see canopy cover).
Treeremoval shallmean directly or indirectly cutting down,destroying,removing or
relocating,or effectively destroying (through damaging,trimming,authorizing or allowing
cuttingdown,destroying,removing,movingordamagingof)any troo.
Tree Well shall meana soil retaining structure designedto maintain the existing
natural ground elevationbeneathatreetopreservethetreewhenthe surrounding areais
filled to raise the ground elevation.Tree wells shall havea minimum radius ofthree (3)feet
from thetrunkofthetreeandamaximum radius often (10)feet from thetrunkofthe troo.
Understory shallmeanthecomplexofwoody,fibrous,herbaceous,and graminoid
plant species thatare typically associatedwitha natural forestcommunity,native plant
community,or native habitat.
Vegetation requiredtobepreservedbylaw shallmeanthe portions ofa sito,
including butnot limited to,Spocimen Trees,Natural ForestCommunitios,andnative
vegetationwhich aro clearlydelineatedonsiteplans,plats,orrecorded restrictions,orin
Ord.No.13-14-2191
some other legally binding manner,that areto be protected from any tree or understory
removal or effective destruction and maintained without any development.
Vegetation survey shall mean a drawing provided at the same scale as the
landscape plan which includes relevant information as required by this ordinance.
Vehicular use area shall mean ahard surface area designed or used for off-street
parking and/or an area used forloading,circulation,access,storage,includingfire trucks,
garbage trucks,or display of motor vehicles.
Vine shall mean aplantwithaflexible stem whichnormally requires support toreach
mature form.
(1)For the purpose of this section,the following definitions shall apply;
(2)Applicant:A person who is the owner,authorized agent of the owner,lessee of a
property under a written lease,or who is authorized to apply fora building permit for the
subject property.
(3)Arborist.Certified:One who is well-versed in the art of arboriculture,including tree
surgery,the prevention and cure of tree diseases,and the control of insects,and who
has a current International Society of Arboriculture (ISA)Arborist Certification.
(4)Branch Collar:Trunk tissue that forms around the base of a branch.
(5)Breast Height:A measurement taken ata height four and one-half feet above grade.
(6)Caliper:A tree measurement that takes the diameter of the tree at 12 inches above
grade
ill Controlled tree species:those tree species that tend to become nuisances because of
their ability to invade proximal native plant communities or native inhabitants,but which,if
located and cultivated properly,may be useful or functional as elements of landscape
design.This section incorporates by reference the Miami-Dade County Landscape
Manual listing of controlled tree species and as may be amended from time to time.
(8)Crown:The upper branches of the tree canopy.
(9)Crown Width:The width of the crown atits widest point measured ona plane parallelto
the ground.
(IQ)Developed land:Land upon which structures orfacilities have been constructed.
(H)Diameter (DBH):The diameter ofa tree's trunk measured ata height four and one-half
feet above grade In the case of multiple-trunk trees,the DBHshall mean the sum of
each trunk's diameter.
(12)Drop-crotch Pruning:A specific type of pruning designed to properly reduce the size of
trees and defined by the International Society of Arboriculture (ISA)standards,or any
subseguent amendments thereto.
(13)Effectively Destroyed orEffectivelyDestroying:The cutting,trimming,ordamagingofa
tree's trunk,branch orroot system to the extent that the tree has lostitsviability
Ord.No.13-14-2191
(14)Effectively Removed:The effective destruction or the destroying of a tree.See its use
below under "mitigation"
(15)Eguivalent Replacement:A tree,which due to the condition,size and value of the
previous or existing tree,is determined by the City to be.orto become within 5 years,
eguivalent to the tree to be removed.
(16)Eguivalent Value:An amount of money which reflects the replacement cost of a tree,
(including transportation,planting and the initial years maintenance to insure survival)
based on its size,condition,location,the market value and specifically the International
Society of Arboriculture (ISA)tree evaluation formula..
(17)Exotic Tree Species:A plant species that has been introduced to Florida by human
action from foreign states,countries,or from outside the Southeast region of the United
States and defined in this ordinance as a non-native species or by Miami-Dade County
as a non-native species.
(18)Girdling:The cutting through the outer surface of a tree deeply enough to completely
sever the cambium around the entire circumference of the tree's trunk,or of a branch of
the tree,sufficiently enough to prevents or hinders the normal growth or survival of the
tree.
(19)Grade:The ground level of a subiect property,the measurement of the degree of rise or
descent of a sloping surface or.in reference to a point of measurement of a tree,the
ground level surrounding the outside of a hole into which a tree is.oris intended to be.
planted.
(20)Hat-racking:The flat cutting of the top of a tree,severing the main leader or supporting
leaders.
(21 landscape Manual:The Miami-Dade County Landscape Manual ("MDC Landscape
Manual"),which isin effect now,or as amended in the future,as the official landscape
manual issued bv Miami-Dade County.Florida.The MDC Landscape Manual is hereby
adopted by the City and incorporated herein by reference,providing that in the event of
an express conflict between the MDC Landscape Manual and this section,the latter shall
prevail.
(22)Large Size Tree:A tree of any age,witha mature height of 40 feet or more,a mature
crown wider than 22 feet.
(23)Maintenance and Protection:The act of enhancing the viability of a plant,including all
marking,watering,pruning,spraying,injecting,fertilizing,treating,bracing,as well as the
performance of surgical work and/or cutting above or below the ground.
(24)Medium Size Tree:A tree ofany age,witha mature height of between 26feetand39
feet,a mature crown between 15 feet and 22 feet.
(25)Mitigation:Those measures necessary to restore tree coverage,crown,or canopy
which have been effectively removed,or that were removed withor without
authorization under this ordinance.
(26)Native Species:Plant species including those listed as "native tree"in the Miami-Dade
County Landscape Manual.
10
Ord.No.13-14-2191
(27)Nonviable:Not capable of living or of providing the ecological or aesthetic Qualities
associated with a healthy functioning tree.
(28)Person:Any individual,legal entity or any association of individuals and/or legal
entities.
(29)Prohibited Tree Species:Those tree species that are detrimental to native plants,
native wildlife,ecosystems,or to human health and/or safety and welfare as well as
those species that are listed as prohibited species in the Miami-Dade County
Landscape Manual.
(30)Protected Tree:A tree with a minimum caliper of one and one half inches in diameter
as listed in the Miami-Dade County Landscape Manual as amended.
(31)Protective Barrier:Protective barrier shall mean a temporary fence or structure built to
restrict passage into an area surrounding a tree or stand of trees for the purpose of
preventing any disturbance to the roots,trunk,or branches of the tree(s).
(32)Pruning/Trimming:The selective cutting of tree/plant parts to encourage new growth or
better flowering:to remove old stems or deadwood:or to shape trees according to ANSI
A300 Standards.
(33)Public Area:Includes all Public right of ways,parks and other lands owned or leased
by the City.
(34)Public Tree Nuisance:Any tree or shrub or part thereof growing upon private or public
property which is determined by the City to endanger the health,safety and/or general
welfare of the City and/or its residents and/or its business owners,operators or
customers.
(35)Public Right of Way:Includes all public streets,roads,boulevards,alleys and
sidewalks.
(36)Pruning:The removing of plant parts,dead or alive,ina manner so as not to damage
other parts of the plant.
(37)Roots/Root Systems:The parts of the tree containing the organs that extract water,
gases and nutrients from the soil.
(38)Shade Tree:Any tree which,when mature,has a crown width that isat least two-thirds
of the tree's height.
(39)Site Plan:A comprehensive plan drawn to scale indicating land elevations,publicrights
of way including roadways,and the location of all relevant existing and proposed site
improvements including structures,parking,other paved areas,ingress and egress
drives,landscaped open space and signage.
(40)Small Tree:A tree witha height of 25 feet or smaller when fully mature,and witha
mature canopy smaller than 15 feet.
(41)Sound Nursery Practices:The various procedures involved in landscape nursery work
that are in compliance with the Florida Department of Agriculture and Consumer Services
standards.
(42)Spread:The greatest horizontal dimension of the branches and foliage of a tree .
11
Ord.No.13-14-2191
(43)Stem:The primary trunk which is the main upward axis of a tree,that supports branches
and leaves above the ground,serving to support the tree and to transport and store water
and nutrients.
(44)Specimen Tree:A single stemmed tree with a DBH of 18 inches or greater or a multi-
stemmed tree,which has a combined DBH for all of its stems of 18 inches or greater
with the exception that the following types of trees that meet this criteria shall not be
considered specimen trees:
(a)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:
(b)Non-native species of the genus Ficus:
(c)All multi-trunk trees in the palm family,except Accelorrhaphe wrightii.
which have a minimum overall height of 15 feet.
(d)All nuisance trees are specifically determined to not to be specimen trees.
(45)Topping:A process to flat-cut the top of a tree or to remove more than one-third of the
tree crown.
(46)Tree:Any self-supporting perennial plant that,at full maturity,has diameter at breast
height (DBH)of two or more inches with a minimum fully mature height of 12 feet above
grade.
(47)Tree Abuse:Tree abuse shall include:
(a)Damage inflicted upon any part of a tree,including the root system,by machinery,
construction eguipment.cambium layer penetration,storage of materials,soil
compaction,excavation,chemical application or spillage or change to the natural
grade,or any intentionalaction or neglect significantly damaging the tree:or
(b)Hat-racking:or
(c)Girdling or bark removal of the trunk:or
(d)Tears and splitting of limb ends or peeling and stripping of bark resulting from
improper pruning technigues not in accordance with the current ANSI A300 Standards:
or
(e)Excessive root cutting:or
(!)Damage inflicted toor cutting upon a tree which permits infection or pest
infestation:or
(g)Cutting upon any tree which significantly destroys its natural shape:or
(h)Use of climbing spikes:or
(i)Any pruning that is contrary to the practices established by the National Arborist
Association:or
(i)Any act that would cause a tree to become nonviable:or
(48)Tree Removal:Removing,relocating or effectively destroying any tree.
(49)Tree Removal Permit:The citypermitreguiredfor tree removal ofan existing tree.
(50)Tree service orarborist:Any person,company,corporation or service which,for
compensation,performs tree maintenance and protection.
(D)Street trees
12
Ord.No.13-14-2191
(a)Size and spacing.Street trees shallbe of a species typically grown in Miami-Dade County
which normally mature toa height ofat least twenty (20)feet.Street trees shall have a clear
trunk of four(4)feet,an overall height of twelve (12)feet and a minimum caliper of two(2)
inches at time of planting,and shallbe provided along all roadways ata maximum average
spacing of thirty-five (35)feet on center,except as otherwise provided in this Chapter.Street
trees are not required when a colonnade open to the public is located within four (A)feet of the
edge of the roadway.Street trees shall be placed within the swale area orshall be placed on
private property where demonstrated tobe necessary due to right-of-way obstructions as
determined by the Public Works Department or the appropriate authority within the municipality.
(b)The thirtyfive(35)foot average spacing requirement formultiple single-family unitsshallbe
based on the totallineal footage of roadway for entire projects and not based onindividuallot
widths.
(c)Power lines.Where the height andlocationof overhead power linesrequire the plantingof
lowgrowing trees,street trees shall have a minimum height of eight (8)feet,a minimum caliper
of one and one half(1 %)inches attimeofplanting,andshall meet the following requirements:
h—Single trunk trees clear oflateral branches tofour(4)feet and/or multi-trunk trees or
tree/shrubs,as referenced in the Landscape Manual,cleared offoliagetoa height offour(4)
ii.A maximum average spacing of twenty-five (25)feeton center.
iii.Maturingtoa height and spread not encroaching withinfive(5)feetof overhead power
distribution lines.
iv.Underhigh voltage (50kV and above)transmission linesinstalled independent ofunderbuilt
distributionlines,tree height and spread shallnot exceed the minimum approach distances
specified in the currentANSI(AmericanNational Standards Institute)Z133.1 Standards,as
referenced in the Landscape Manual.
(d)Palms.Palmswhich meet allofthe following requirements shallcountasarequiredstreet
tree on the basis of one (1)palmpertree.
i.Minimum canopy offifteen (15)feetatmaturity.
ii.Providedatan average maximum spacingoftwenty-fivefeet(25)feetoncenter.
iii.Fourteen (14)footminimumoverallheightorminimumcaliperoffour(4)inchesattimeof
planting.
It isprovided however that queen palms(Syagrusromanzoffiana)shallnotbeallowedas stroot
trees.Nomorethan thirty (30)percentoftheminimumtreerequirementsmaybemetbypalms.
(e)Thirty(30)percentoftherequiredtreesand/orpalmsshallbenative spocios.
(f)ln ordertopreventadverse environmental impactsto existing native plant communities,only
existingSabalPalmettos(CabbagePalms)shallbe used tosatisfyminimumtreeandnative
plant requirements,exceptthatCabbagePalms which arerescued from government approved
donorsites,transplantedwithinthesite,orcommerciallygrownfrom seed shallbecounted
towards the minimum treeandnativeplant requirements.
(g)Whentreesare planted within the right-of-way,theownersof land adjacenttotheareas
wherestreettreesare planted must maintain thoseareas,including thetrees,plants andsod,
using pruning methods specifiedinthissection.Acovenant executed bythoseownersis
required,ora Special Taxing District must be created to maintain these areas.Whoro tho
State,County,or municipality determines thatthe planting oftreesandother landscape
material isnot appropriate inthe public rightofway,theymay require thatsaidtroosand
landscapematerialbeplacedon private property.
(h)Where treesare planted on private property,they shall be placed within seven (7)foot oftho
edgeofthe dedicated right ofwayor within seven (7)feetoftheedgeofthe roadway and/or
inside edge ofa sidewalk onprivateroads.
(i)Consideration shallbegiventotheselectionoftrees,plantsand planting sitetoavoidserious
problemssuchascloggedsowers,cracked sidewalks,andpowerservice interruptions.
Q)Street treesarenot required when a colonnade opentothe public is located within four (A)
feetoftho edge oftheroadway.
(k)Streettrees in the Hometown District overlay shall bo located perthe stroot troo
requirements sot forth under Section 20 7.
13
Ord.No.13-14-2191
****
Section 2.Section 20-4.5,subsections (H),(I),(J),(K),(L),(M)and (N)are hereby repealed
as follows:
(H)Tree Removal Permit Applicability.
(1)It shall be unlawful for any person,unless otherwise permitted by the terms of Section 20-4.57
to do tree removal work or to effectively destroy any tree,or to effectively destroy any
understory ina Natural Forest Community,without first obtaining a permit from the City of
South Miami.
(2)The effective destruction of trees designated to be planted,preserved,or relocated-wdef
Section 20 4.5 (D)&(E)shall not be permitted.
(3)No municipal or County official shall issue a tree removal permit that does not comply-witfr
Section 20-4.5.Any such permit shall be voidr
(A)—It shall be unlawful for any person to violate or not comply with any of the conditions of-a-City
of South Miami tree removal permit
(5)The following activities are EXEMPT from tree removal permits:
(a)Removal of trees within the yard area of an existing single-family residence.provided4he
trees-are not within a Natural Forest Community,and are not specimen trees^Phis
exemption does not apply to trees which are growing on public rights of way adjoining
existing single family residences:
(b)Removal of trees for the construction ofa new single-family residence,provided thafe-
i.The lotis one (1)acre or less in size (43.560 sguare feet),if an AU zoned lot.-or
one half acre or less in size (21.780)sguare feet,for nav other zoned lot:and.
ii.The lotis being developed as the principal residence of the owner-builder:an4r
iii.The lotis not within an area designated as a natural forest community:and.
iv.The trees are not specimen treesr
(c)Removal of any dead tree;-
Id)Removal of trees within State approved plant nurseries and botanical gardens,provided
said trees were planted and are growing for the display,breeding,propagation,-sale-or
mtended sale to the general public in the ordinary course of business:
(e)Removal of trees for the establishment,maintenance,and operation ofa bona fide grove
or bona fide troo nursery,except when the proposed tree removal isto occur ina Natural
Forest Community designated under County Resolution No.1764-84 or under
subseguent revisions of the Natural Forest Community maps,or when the proposed troo
removal will affect specimen trees as defined herein.Any person desiring to remove
trees pursuant to this provision shall obtain written approval fromtho Planning Division
prior to the commencemont of any such activities under this exemption:
(f)Removal of any of the following tree species:
i.Melaleuca guinguenervia (caieput or paperbark-treek
ii.Casuarina spp.(Australian pino.beefwoocftf
iii.Schinus torobinthifolius (Brazilian popper),provided itisnotwithina Natural Forest
Community,inwhich case a permit must be obtained,priorto removal,from-the
Metro Dado County Department of Environmental Resources Management:
iv.Bischofia iavanica (bishopwoodk
14
Ord.No.13-14-2191
V:—Ricinus communis (castorbeank
vi—Psidium guaiava (guavak
vii—Albezzia lebbek (woman's tongue^
viii^-Acacia auriculaeformis (earleaf acacia):
ix.Schefflera actinophvlla (Queensland Umbrella Tree):
Xt—Araucaria heterophvlla (Norfolk Island Pine):and.
xi—Metopium toxiferum (poison wood),provided itis not within a Natural Forest
Community,in which case a permit must be obtained,prior to removal,from the
Metro Dade County Department of Environmental Resources Management.
(g)Removal of any tree which has been destroyed or effectively destroyed by an Act of
God,or by acts outside of the control of any person,individually or otherwise,who had or
had a legal,beneficial or eguitable interest in the real property upon which such tree is
located,which acts could not have been prevented by the exercise of reasonable care by
any such person,individually or otherwise,who has or had a legal,beneficial or
eguitable interest in the real property upon which such tree is located.Where a tree has
been destroyed or effectively destroyed by acts outside of the control of a person-^who
has or had a legal,beneficial or eguitable interest in the real property upon whiGh-suoh
tree-is located,which acts could not have been prevented by the exercise of reasonable
care by such person,this provision shall be construed to impose joint and several liability
won-the person(s)destroying or effectively destroying such tree,and to exempt from
liability for such destruction or effective destruction the person who has or had a-legalv
beneficial or eguitable interest in the real property upon which such tree is located^
(h)Removing,trimming,cutting,or altering of any mangrove tree or removal of amHtree
located upon land which is wetlands as defined in Section 243.Code of Metropolitan
Dade County.Florida:
(i)Removal of tree within a bona fidefruit grove for the express purpose of converting-said
bona fide fruit grove to another bona fide agricultural purpose:
(i)Any mortgagee with respect to property upon which any violation of these provisions has
occurred shall not be liable for such violation unless,prior to said violation,said
mortgagee has foreclosed upon said property or participated in the managemef^-or
control of said property,or unless said mortgagee has effected or caused violatiens-of
Section 20 4.5 occurring on said property.
(k)Any action which occurred priorto February 21.1989.shall not constitute a violation-of
Section 20 A.5 (H)through (L).
(I)Tree Removal Permits—Submittals.
(1)Tree removal permits are reguired for the removal or relocation of any tree not specifically
exempted under 5 20 4.5(H)(5).The Planning Division shall provide permit application forms
which shall be used by applicantSr
424-^An owner,agent of the owner,or lessee ofa property may apply fora tree removal permits
the applicant isa lessee or agent of the ownor.a statement from the owner indicating that-the
owner has no objection to the proposed tree removal shall be submitted with the application
(3)The permit applicant shall submit to the Planning Division:
(a)A completed tree removal permit application form:and.
(b)Two (2)sets of site plans which shall include the locations of all existing tree resources
and all proposed structures orutilities which may reouire removal or relocation of treesf
15
Ord.No.13-14-2191
(c)Two copies of a tree survey as defined in §20-4.5(A):ORt
(d)Two copies of a tree survey prepared by a landscape architect,architect or an engineer
registered in the State of Florida,if the submitted site plan (above)does not provide
sufficient information to determine which trees will be affected by proposed development
(4)The Planning Division may deny an application,or approve an application and issue a permit
(subiect to conditions,limitations or restrictions),for the activity proposed under the permit
application,provided that:
(a)A completed application is submitted and the permit fee is paid:
(b)All reguired plans or covenants are submitted and are in compliance with the standards
in Section 20 4.5
(c)All plans clearly specify conditions,limitations and restrictions reguired.and that the
permit applicant acknowledges,understands and fully agrees to comply with all said
conditions,limitations or restrictions by signing the permit prior to its issuance:andr
(d)A performance bond,if reguired by the Planning Director,is posted:
i.The Planning Director may reguire the posting of a performance bond to guarantee
compliance with all conditions,limitations,and restrictions of the tree removal
permit,including,but not limited to.planting of all reguired replacement treesr
ii.The bond shall be eguivalent to one hundred fifteen percent (115%)-eMhe
estimated cost of the permitted activity and may be in the form of a letter of credit
surety,cash,or certificate of deposit.
iii.All performance bonds shall remain in force fora minimum of either one (4)-^year
after the actual completion date of the permitted activity (to ensure that-any
replanted trees which perish are replaced),or until viability of all replanted trees-has
been achieved,which ever occurs last.
iv,—At the discretion of the Planning Director,performance bonds may be partially
released in phases based upon partial completion of planting or other permit
reguiremerrtSr
(5^—All tree removal permit applications which remain incomplete fora period of one hundred
twenty (120)days shall be denied.A new tree removal permit application shall be reguired-fer
all work previously proposed under a permit application which has been denied.Approved
permits shall expire if work,as specified,is not commenced within six (6)months of issuanoer
(6)Any permits related toa Natural Forest Community shall be approved by the Metro Dade
County Department of Environmental Resource Management fDERMl.
(J)Tree Removal Permit Replacement Standards.
(1)Permit review and applicable sub-sections.
(a)Reviews of completed tree removal applications shall be conducted by the Planning
Division under a standard of reasonableness,using the best available practices-from
biology,botany,forestry,landscape architecture and other relevant fields,as appropriate
for review:
(b)On receipt of completed permit applications,the Planning Division shall determine
whether the site contains any portion of aNatural Forest Community,trees subiect to
protection,or specimen tree-te^-
(c)Ifa site contains any portion of aNatural Forest Community,then the permit must-be
submitted for review by the Metro Dade County Department of Environmental Resource
Management fDERMl:
16
Ord.No.13-14-2191
mz
(d)If there are trees present on a site fother than any portion of a Natural Forest Community
of-specimen tree(s)1.then the replacement provisions contained under S 20-4.5(J)(2)
shall apply:andr
(e)Ifa site contains any specimen tree(s).then the replacement provisions contained under
§20-4.5(J)(3)shall apply for the specimen tree(s).while the replacement provisions
contained under §20-4.5(J)(2)shall apply for non-specimen trees on the siter
Non-specimen trees.Procedures for determining tree replacement.The Planning Division
shall determine the total number of replacement trees reguired for the issuance of a tree
removal permit according to the following procedural steps:
Step 1:Determining existing tree canopy coverage on-site.The area of existing tree canopy
coverage of a site shall be determined by review of aerial photography,on-site inspection,or
review of a tree surveyr
Step 2:Determining impact area of proposed project.The area of existing canopy coverage
which will be affected (impact area)by the applicant's proposed development shall be
determined by the Planning Division based on review of the submitted site plan and tree
removal permit application form
Step 3:Determining number of replacement trees reguired.The total number of trees reguired
for replacement shall be based on the area of impact and category of replacement tree
selected by the applicant.Each replacement tree shall compensate fora portion of the tree
canopy lost in the impact area,and the following table shall be used as a standard for
determining the reguired number of replacement treesf
Category of Replacement Tree (See
Step 6 below for explanation)
Portion of Impact Area for which Each
Replacement Tree Compensates
Shade Tree 1 500 sguare feet replacement area
Shade Tree 2 300 sguare feet replacement aroa
Palm Tree 1 300 sguare feet replacement area
Palm Tree 2 100 sguare feet replacement area
Small Tree 200 sguare feet replacement aroa
(a)Any combination of shade trees,palm trees,or small trees is acceptable as replacement
provided the total number of trees from all replacement categories compensate for the
lost canopy.
(b)In the event that a replacement tree actually has more canopy coverage at the time of
planting than the amount of credit allowed under the tree replacement formula above,
then the applicant shall receive full credit for the actual canopy coverage provided by the
replacement tree at the time of planting
(c)The applicant shall submit alist of proposed replacement troos.
(d)When replacement canopy area exceeds ten thousand (10.000)sguare feet.
replacement shall be described ina landscape replacement plan which shall meet the
minimum roouirements of §20-4.5(J)M).and no tree removal permit shall be issued
until said plan has been approved by the Planning Division.
(e)When the total number of replacement trees exceeds twenty (20).then the applicant
shati-reguired to submit a landscape replacement plan consistent with the provisions of $
17
Ord.No.13-14-2191
2Q-4.5(J)(4).and no tree removal permit shall be issued until said plan has been
approved by the Planning Division
Step 4:Location of replacement trees.Specific placement of replacement trees on-site shall
be determined by the applicant.If the site cannot accommodate the reguired replacement
trees because of insufficient planting area as determined by the Planning Division,then the
applicant shall be reguired to plant replacement trees at an off-site location subiect to
Planning Division approval,or.as a last alternative,shall provide a contribution to Account
No.219.355.Tree Trust Fund,to compensate for those replacement trees which cannot be
accommodated on siter
Step 5:Minimum species diversity standards.When more than ten (10)trees are reguired to
be planted,in accordance with provisions of §20-4.5 (J),a diversity of species shall be
reguired.The number of species to be planted shall be based on the overall number of trees
reguired.The applicant shall be reguired to meet the following minimum diversity standards:
Required Number of Troos Minimum Number of Species
44-30 2
24-§0 4
51 or more i
(a)When native trees are removed,then all replacement trees shall be native speciesf
otherwise,a minimum of fifty (50)percent of all replacement trees planted shall be native
to-Pade Counts
(b)Permittees shall not be reguired to plant in excess of six (6)species.The number of
trees of each species planted shall be proportional to the number of species reguired.
(c)As an alternative to the minimum species diversity reguired herein,an applicant may
propose an alternative species diversity in an alternative landscape enhancement plan
described in 5 20 A.5(J)15).
Step 6:Minimum standards for replacement trees.The Planning Division maintains alist of
species for each category of replacement tree:and,this list may be amended from time-to
time.All replacement trees shall have a minimum gualitv as reguired foraFloridaNo.1 grade
or better.Replacement tree heights shall be determined by the overall height measured-from
where the tree meets the ground to the top most branch,frond or leaf.
(a)All category 1 replacement shade trees shall be a minimum of twelve (12)feet in heigfrt
at the time of planting and at maturity should have a canopy coverage of five hundred
(500)sguare feet under normal growing conditioner
(b)All category 2 replacement shade trees shall be a minimum of eight (8)feet in heioht-at
the time of planting and at maturity should have a canopy coverage of five hundred (500)
sguare feet under normal growing conditions.
(c)All category 1 replacement palm trees shall be a minimum of ten (10)feet in height at the
time of planting and at maturity should have a canopy coverage of three hundred (300}
square feet under normal growing conditionsr
(d)All category 2 replacement palm trees shallboa minimum of three (3)feet in heiqkt-at
the time of planting and at maturity should have a canopy coverage of one hundred (100}
sguare foot under normal growing conditions.
18
Ord.No.13-14-2191
le)—All small trees shall be a minimum of six (6)feet in height at the time of planting and at
maturity should have a canopy coverage of two hundred (200)sguare feet under normal
growing conditions.
(3)Specimen Trees.The standards to be applied in reviewing tree removal permit applications
involving specimen trees are as follows:
(a)Specimen Tree Preservation.Specimen trees shall be preserved whenever reasonably
possible,and,upon receipt of an application to remove (a)specimen tree(s).the
Planning Division shall consider the following factors in evaluating said application
i.Size and configuration of the property^
ii.Size and configuration of any proposed development:
iii.Location of the tree relative to any proposed development:
iv.Whether or not the tree can be preserved under the proposed plan or any
alternative plan;-
v.Health,condition and aesthetic Qualities of the tree:and.
vi.Whether the tree poses a threat to persons or property.
(b)Alternate plans.If.after review of above,the Planning Division determines that fa}
specimen tree(s)cannot reasonably be preserved under a proposed plan,then the
applicant shall provide an alternate plan,which shall include preservation of the
specimen tree(s)and design alternations consistent with the scope and intent of the
initially proposed plan.These alterations may include,but shall not be limited-to^
i.An adjustment of building orientation on a site:andr
ii.An adjustment of lot lines within a site proposal for more than one lot when the
adjustment will not cause unreasonable loss of usable space.An applicant shall
have the burden of proof in the determination of what constitutes an unreasonable
loss of usable space.
(c)Specimen tree relocation.If preservation of the specimen tree(s)and any alternate
design consistent with the scope and intent of the initial plan are mutually exclusive,then
the Planning Division may issue a permit to relocate the specimen tree(s).Ifa tree
femoval permit reguires relocation,then the applicant shall be reguired to relocate the
tree in accordance with the standards in §20-4.5 (K).
d)Removal of specimen trees.If relocation of the specimen tree(s)is not feasible due -to
the size,health,location,species or any other factor,then a permit may be issued for the
removal of the specimen tree(s).and tree replacement shall be reguired.
e)Replacement reguirements for specimen trees.As a condition of the issuance of-a-tree
femoval permit for the removal of specimen trees,tree replacement reguirements shall
be twice those specified for the replacement of non specimen trees under 5 20 A.5U)
fit
(f)Fee.In the event that replacement is not feasible on site,then alternative off site
feplacement shall be reguired.or.as a last alternative,there shall be a contribution -to
Account No.219.355.Tree Trust Fund,for the full value of replacement troos.
(g)Exemptions from specimen tree replacement reguirements.Applicants may be exempt
form the replacement reguirements above,but subiect to the tree replacement
reguirements contained in §20 4.5(J)(2).under the following circumstancos:
i.Upon submittal of a statement froma landscape architect registered in the State-of
Florida which indicates that a specimen tree,duo to disease,condition,growth habit
or any other reasonable botanical factor,does not provide the aesthetic—or
19
Ord.No.13-14-2191
environmental contribution associated with a specimen tree.Said statement shall
include the specific reasons(s)for the claimed exemption from these provisions^
ii.When preservation of the specimen tree would cause a foreseeable risk to property:
Ofr
iii.When a site contains more than one (1)specimen tree,and fifty (50)percent or
more of the existing specimen trees and at least fifty (50)percent of the existing
specimen tree canopy area is preservedr
M)Landscape Replacement Plan.Landscape replacement plans may be reguired under the
provisions contained in §20-4.5(J)(1).All landscape replacement plans shall be submitted fey
the-applicant and must meet the following minimum standards:
(a)The number of trees,number of species of trees,and size of trees proposed for planting
shall be consistent with S 20-4.5(J)(2)&(3):
^—The site plan shall include proposed replacement locations forall tree replacements and
relocations,and all property lines,proposed and existing structures,driveways and utility
easements:and.
(c)The canopy spread of any tree that is proposed for preservation shall be shown on-the
plan.Where a portion of the canopy of a tree or trees shall be removed without removal
of the tree(s).a notation shall be made on the plan indicating the situation and canopy
®z Alternative Landscape Enhancement Plan.Instead of replacing all affected trees pursuant to
provisions contained in §20 4.5(J)(2)&(3).an applicant may propose to relocate existing
trees or propose a unigue project design which provides reasonable assurance that the
project complies with the intent to maintain tree canopyr
Replacement credit may be granted for planting shrubs or ground covers,based upon the
following table,provided,however,that a minimum of fifty(50)percent of the reguired canopy
replacement is achieved by using shade trees and palm trees as reguired under 5 20 A.51J)
(2)&(3).
Category of Tree Alternative Shrub-or
Ground Cover
Portion of Impact Area for which Each Shrub/Ground Cover
Compensates
Shrub 1 (including small palms)60 sguare feet replacement area
Shrub 2/Ground Cover 30 sguare feet replacement area
fefc -AH-categorv 1 shrubs shall be a minimum of two (2)feet in height at the time of planting
and at maturity should have a canopy coverage of sixty (60)sguaro feet under normal
growing conditioner
(b)All category 2 shrubs and ground covers shall have aroot system sufficient to sustain
growth at tho time ofplantingandat maturity should have a canopy coverage of ten (10)
to twenty (20)sguare foot under normal growing conditions.
(c)The applicant shall have the burden of demonstrating that a design moots the intent-o£4
20-4.5(J)(2)&(3).At a minimum,an alternative landscaping enhancement plan-shall
include,without limitation:-
A sealed statement,prepared bya landscape architect,registered in the State of
Florida,which indicates that tho intent of 5 20-4.5(J)(2)&(3)can be effectively mot
through the submission of the alternative design:andr
20
Ord.No.13-14-2191
ii—A site plan,prepared by said landscape architect,registered in the State of Floridar
that includes the proposed location,scientific name or description of vegetation to
be preserved or planted,property lines,proposed and existing structures,driveways
and utility easements:and.
iii.A tabulation that identifies any deviations from the reguirements of §20-4.5(J)(2)&
(3)and explicitly provides tree replacement altemativesr
(d)The Planning Division may approve an alternative landscape enhancement plan when:
i The design preserves and incorporates existing vegetation:andr
ii—The design exceeds the minimum reguirements or eguivalent of §20-4.5(J)(2)&
(K)Tree Removal Permit Relocation Standards.The relocation of any tree that is subiect to the
provisions of Section 20 4.5 shall be consistent with the following minimum standards:
ffi—Trees other than palmsf
(a)Tree roots shall be severed in such a manner as to provide a root ball which is sufficient
to ensure survival of the tree when relocated.A sufficiently-sized planting hole shall-be
provided at the relocation site to ensure successful re-growth:
(b)After root severing,adeguate time shall be allowed prior to replanting to ensure survival
of the tree(s).After root severing and prior to relocation,tree(s)shall be watered-a
minimum of twice weekly:and,after relocation,said tree(s)shall be watered a minimum
of twice weekly until the tree(s)are established:
(c)During removal and transportation of the tree,the root ball and vegetative portions of-the
tree-shall be protected from damage from wind or injury:and.
(d)Any tree that dies or becomes nonviable within one (1)year of relocation shall-be
replaced according to the standards set forthin §20-4.5(J)(2)&(3).
(2)Palms:
(a)Aball of earth at least one (1)footfrom the base of the trees shall be moved with the
LI l^^*T
(b)Fronds shall be securely tied around the budpriorto relocation and shall remain securely
tied around thobudduring the entire relocation process and fora minimum of ^ne-W
week after relocation:andr
(c)Any palm that dies or bocomes nonviable within one (1)year of relocation shall-be
feplaced according to the standards set forthin 5 20-4.5(J)(2)&(3).
(3)Preservation credit for relocated trees.Permittees whosuccessfully relocate trees shall
receive full credit for the relocated treesandthetreereplacement requirements herein shall
not apply to such relocated trees.All relocated trees shall meet the standards set forth above.
C=)—Tree Protection Required Barriers.During site development,protection requirements for trees
designated for preservation underanapprovedtree removal permit shall include,butnotbe limited
to,the following:
(1)Protective barriers shall be placed around each tree,cluster of trees,or tho edgeof tho
preservation areanolessthansix (6)feet (in radius)from the trunk ofany protected troo
clusteror preservation areaunlessalessordistanceisspecifiedbythe Planning Division.
(2)Protective barriers shall bea minimum of four (4)foot above ground level and shall be
constructed of wood,plastic or metal,and shall remain in place until developmentis
completed.Protective barriers shall be in place prior tothestartofany construction.
(3)—Understory plants within protective barriers shallboprotected.
21
Ord.No.13-14-2191
(4)—No excess oil,fill,equipment,building materials or building debris shall be placed within the
areas surrounded by protective barriers,norshall there be disposal of any waster material
such as paints,oils,solvents,asphalt,concrete,mortar or any other material harmful to trees
or understory plants within the areas surrounded by protective barriers.
(5)—Trees shall be braced in such a fashion as to not scar,penetrate,perforate or otherwise inflict
damage to the tree.
{§)—Natural grade shall be maintained within protective barriers.In the event that natural grade of
the site is changed as a result of site development,such that the safety of the tree may be
endangered,tree wells orretaining walls are required.
(7)—Underground utilitylinesshallbe placed outside the areas surrounded by protective barriers.
Ifsaid placement isnot possible,disturbance shallbe minimized by techniques such as
tunneling or overhead utility lines.
(S)—Fences andwallsshallbe constructed toavoid disturbance toany protected tree.Postholes
and trenches located close to trees shallbedugbyhandand adjusted as necessary,using
techniques such as discontinuous footings,toavoid damage tomajorroots.
(9)Trees thatare effectively destroyed,shallbereplacedaccordingtothe standards of§20
4.5(J)(2)&(3).
(M)City of South Miami Tree Trust Fund.
(1)Creationofthetreetrustfund.There is hereby created atreetrustfund,under Account No.
010219.335,thepurposeofwhichisto acquire,protect,andtoplanttreeson public
(2)Disbursomont and maintenance of the tree trust fund.Monies obtained for the tree trust fund
shall bedisbursed for the acquisition,maintenance,management,protection,or planting of
trees onpublic property.
(3)Source of monies for the tree trust fund.Said tree trust fundshall consist of contributions in
lieuof,orinconjunctionwith,required replacementplantingsunderSection204.5.Tho
Planning Division shall collect funds designated for thetreetrust fund whenthe replacement
planting requirements of§20 A.5(J)(2)&(3)cannot bemet.
(A)Decisionstograntordenytreeremovalpermitsshallbe made withoutconsiderationoftho
existence of this fund or offers of donations of monies thereto.
(N)Violations of Section 20 4.5.
(1)The Planning Division shallchargeandcollectpermitfeesandtrust fund contributions.
Applications from government agencies for tree removals in areas dedicated to public uso
may be exempted frompermit foes.
(2)The Planning Division and Building Division shall havetho right to inspect any lands affected
by Section 20 A.5 andto issue cease and desist orders and citations for violations.
(3)Failure to install or maintain landscaping according tothetermsofSection20 A.5 shall
constitute a violation of this Code.
(4)Failure to plant,preserve,or maintain each individual tree shall be considered a separate
violation of this Code.
{5)—Each day in which either landscaping or individual treesarenot installed or maintained,
according tothetermsof Section 20 A.5,shall constitute a continuing andseparate violation
of this Code.
(6)Any person,firm or entity violating any provision under Section 20-A.5 shall be subject to a
fine ofupto two hundred fifty dollars ($250.00)por day per tree,pursuant to provisions of this
Code and State.
22
Ord.No.13-14-2191
Section 3.The Land Development Code of South Miami,Florida originally enacted by
Ordinance No.3-96-1603,and as amended,by Ordinance 7-98-1655,is hereby amended adding a
new section 20-4.5.1 to be known as the Tree Protection ordinance as follows:
SECTION 20-4.5.1 TREE PROTECTION
(1)Intent and Purpose.
a)The intent of this section isto provide a mechanism to protect preserve and restore the
tree canopy within the City of South Miami by regulating the removal,relocation and
trimming of trees.The benefits of trees to the City are many and include the following:
i.Trees help combat the greenhouse effect by absorbing CQ2.a major source of
greenhouse gases which contributes to global warming.
ii.Trees clean the air by absorbing some polluting gases and filter some particulates
out of the air by trapping them on their leaves and bark.
in.Trees provide oxygen as a product of their growth.
iv.Trees conserve energy and reduce the urban heat island effect by helping to cool
the streets and the city by reducing the direct sunlight from heating pavement and
buildings and by evaporative cooling from transpiration of their leaves.
v.Trees save water by slowing evaporation rates from lawns.
vi.Trees help prevent water pollution by reducing runoff by allowing the water toflow
down the trunk and into the earth below the tree,helping to prevent stormwater
from carrying pollutants to the ocean.On hillsides or slopes,trees slow runoff and
hold soil in place.
vii.Trees add to the aesthetic of an area and as landmarks can give a neighborhood a
new identity and encourage civic pride.
viii.Trees provide a canopy and habitat for wildlife.
ix.Trees increase property values.
x.Trees can increase business activity.Studies have shown that the more trees and
landscaping a business district has,the more business willflowin.A tree-lined
street will also help slow traffic,in many instances,enough to allow the drivers to
look at the storefronts instead of passing by more ouicklv.
b)The purpose ofthis section isto declare that the policyof the Cityof South Miamiisto
protect and nurture trees,encourage the planting and preservation of trees,and assure
that the design and construction ofall development activityis executed ina manner
consistent with the preservation of existing trees to the greatest extent possible,and to:
i-Establish and maintain the maximum amount of tree cover onpublic and private lands
in the city by prohibiting the destruction and removal of trees except in accordance with
the standards set forth in this article:
»•Maintainall trees in the citytobe healthy and nonhazardous condition through
professionally accepted arboricultural practices andin compliance withtheprovisions
of Section 20-4.5 of the City's landscape code,and the established standards of the
Miami-Dade County Department of Environmental Resource Management (DERM):
iii-Establish and revise as necessary standards for the planting and maintenance of trees
so as to improve the economic base of the city by improving property values,to
enhance the visualQualityofthecity and its neighborhoods and toimprovepublic
health by lessening air pollution:
23
Ord.No.13-14-2191
iv.Minimize hazards and damage to streets and sidewalks and lessen public rights-of-
wav maintenance costs:
v.Provide for the designation and additional protection of historic and specimen trees:
vi.Promote efficient and cost-effective management of the urban forest through the
development of a comprehensive long-range urban forest master plan:and
vii.Provide latitude in the interpretation and application of city administrative rules,
standards and guidelines when reasonable and necessary to minimize the destruction
of trees.
(2)Authority to supervise,enforce,modify and supplement regulations.
a)Planning Department.It shall be the duty of the Planning and Zoning Department
(hereinafter referred to as "Department")to coordinate with the City's arborist and
public works personnel to ensure compliance with the regulations contained herein and
to cooperate with,and assist the code enforcement personnel in the prosecution of any
violation of this section.
b)Code Enforcement Department.It shall be the duty of the code enforcement agency to
prosecute violations of the regulations contained herein.The code enforcement
agency may prosecute violations in conjunction and cooperation with the planning
department or on its own initiative.
c)Police Department.In instances in which a person is found cutting or otherwise causing
the destruction of a tree without a permit,the South Miami Police Department shall
reguire such person or persons to cease such operations until the necessary permit is
obtained.
d)City Commission.The City Commission will receive and review all recommendations
referred toit by the Planning and Zoning board for modification of existing regulations
or the addition of supplementary regulations.Any decision to enact regulation
modifications or supplementary regulations shall remain within the sole and exclusive
legislative jurisdiction of the City Commission.The City Commission shall have the
ability to refer the recommendations to the City Manager for his professional advice
and possible amendments.
e)City Manager.The city manager is hereby authorized to enter into agreements with the
owners of private property located within the cityfor the purpose of acguiring
easements to plant trees on such property and in consideration for such agreement,
the private property owner shall acguire ownership of such trees as the city may plant:
provided,however,that any such agreement shall limit the duration of the easement to
a time period oftwo years and shall limit the property interest acouired by the city to
that distance sufficient toallow the planting and initial maintenance of trees,butinno
case to exceed a maximum ofa 22-foot setback from the property lineor right-of-way
held bv the city.Provided further,that under such agreement the private property
owner shall agree to subseouentlv maintain the trees planted thereon and shall also
agree tohold the city harmless for any liability attributable to the planting or presence
of the trees on the private property.
(3)Tree Removal Permit Applications,Requirements and Review,Fees.
a)Permit,When Reguired.A tree removal permit shall be reguired for the
removal or relocation of any tree within the City,unless exempted bv Section 20-4.5.1
(14).A tree removal permitshall also be reguired for the pruningortrimmingofmore
than 25 percent of the canopy ofatree.No person,agent or representative thereof,
directlyorindirectly,shall cut down,remove,relocate,or effectively remove any tree on
24
Ord.No.13-14-2191
any property,without first obtaining a tree removal permit as hereinafter provided.No
building permit for any work on the subiect site,including new construction,additions,
carports,pools,decks,fences,driveways,parking lots,tennis courts,demolition,or
similar work,shall be issued bv the Building Department unless the Planning
Department has determined that no tree removal permit is reguired or that a valid tree
removal permit has been issued in accordance with this section.
b)Application Reguirements.Applications shall be made on the form provided for
that purpose and shall include a written statement indicating the reasons for the removal
or relocation of each tree.The following documentation and all applicable fees shall
accompany each applicationsr
i.For applications for tree removal in conjunction with new construction,including
additions,pools,driveways,parking spaces,sidewalks,recreational facilities,and
decks,a tree survey drawn to scale identifying the species and listing the height,
spread and diameter of all existing trees shall be provided.Said survey shall be
prepared,signed and sealed bv a Professional Land Surveyor,licensed in the
State of Florida.
ii.For applications for tree removal in conjunction with any other activity reguiring a
building permit,or for any other tree removal,a site plan prepared,signed and
sealed bv a Professional Land Surveyor,licensed in the State of Florida drawn to
scale identifying the species and listing the height,spread and diameter of all
existing trees shall be provided.Said site plan may be limited to the immediate
area of the proposed work,and photographs of the existing trees within said area
may be acceptable inlieu of tree identification regarding species,height,spread
and diameter,provided those photographs permit identification bv the City Arborist.
iii.A tree disposition plan that is prepared,signed and sealed bva Florida licensed
professional who holds an Architect.Landscape Architect or Land Surveyor
license,.that is drawn to scale,and that provides the numbering,identifying,and
listing all existing trees and specifying the condition of each tree and whether said
trees are to remain,to be removed and/or to be relocated.This plan shall also
illustrate the location ofall existing structures and/or all proposed new
construction,as applicable,the location of any overhead and/or underground
utilities and the new locations of existing trees to be relocated on site.
iv.A tree mitigation plan prepared in accordance with the tree mitigation Section of
this ordinance
141 REVIEW OF APPLICATION.Upon receipt ofa completed application,the Planning
Department (hereinafter referred to as Department),and the City arborist.shall review said
application for compliance with the regulations as set forthinthis Section.Such reviewshall
includeafield inspection ofthesiteandreferralofthe application to other departments or
agencies as necessary.Within 15 calendar days of the receipt ofa completed application,the
Department shall issue an intended decision approving,denying or approving with conditions
said application.
(5)NOTICE Within24 hours of completion of final permit review ofanapplicationforatree
removal permit,the Department shallnotify the applicant of the Department's intent to issue
the permit ("NoticeofIntent").The applicant shall post the NoticeofIntent,onor adjacent
to the property,ina location visibleto the general publicforat least 10 continuous calendar
days priortofinal permit issuance.The notice must state the date of the notice and shall
advise the public that any objection must be made bv filing an appeal with the CityClerk
within 10 calendar days of the date of the notice in accordance with Section 13-27 of the
City Code(excluding the timefor filing the appeal,whichin this case is 10 davs).
25
Ord.No.13-14-2191
(6)ISSUANCE OFPERMIT Ifno appeal isfiledwiththeCity Clerk,as stated inthe
posted Notice of Intent and on or before the end the 10 calendar day notice period referred to
above in subsection (5)the permit shall be issued.The tree removal permit shall be posted bv
the applicant on the property where itis clearly visible to the general public,commencing on the
date of its issuance,and it shall remain posted until the authorized work is completed.The
property owner shall be responsible for insuring that the tree removal permit is displayed until
the city declares in writing that the authorized work is completed and the permit has been
honored without damage to trees.
(7)FEES Fees shall be as set forth in this ordinance or as established in the City's Fee
Schedule,the latter of which shall take precedence in the event of a conflict.Applications from
government agencies for tree removals solely in areas dedicated to public use may,at the
discretion of the City Commission,be exempted from application fees and permit fees.
(8)FINAL INSPECTION No later than 18 months following the completion of the
authorized work,the applicant shall schedule a final inspection with the City Arborist for
verification of compliance with authorized work including any reguired maintenance of the
foliage.
(9)CRITERIA FOR TREE REMOVAL,RELOCATION AND REPLACEMENT.Any or all
of the following conditions may be reguired:
(a)The applicant may be reguired to redesign the project to preserve specimen tree(s).or
any other tree determined bv the City Manager and City Arborist to be of substantial value
due to its species,size,age,form and/or historical significance,and to provide an
alternate plan,when feasible,which shall include the preservation of said tree(s)and
design any alterations within the scope and intent of the initially proposed plan.
(b)Where practical,specimen trees,or any other tree determined bv the City Manager and
City Arborist to be of substantial value due toits species,size,age,form and/or historical
significance,that is proposed for removal shall be relocated on or off-site.The applicant
shall adhere to acceptable tree relocation specifications,in accordance with ANSI A300
Standards.
(c)If itis impractical to relocate said tree(s)either on or off-site because of age,type or size,
the applicant shall be reguired to replace all trees permitted to be removed in accordance
with the tree mitigation reguirements in tree removal Section of this ordinance.
(d)The City Manager and City Arborist may reguire that the applicant provide awritten report
froma Certified Arborist before making any determinations in conjunction with this section.
The City Manager and City Arborist may also reguire monitoring bva Licensed Landscape
Architect or Certified Arborist during construction to assure tree preservation.
(101 TREE MITIGATION.All tree mitigation reguired bv this ordinance shall be
accomplished in accordance with the reguirement set forthin the Miami-Dade County
Landscape Manual as well as in compliance with the provisions of this Section.
(a)Prohibited Species.Mitigation shall notbe reguired for the removal of any prohibited
species except certain large canopy trees upon the determination of the City Manager or
City Arborist based on the importance of the existing canopy,and no fees shall be
charged for such removal.
(b)Tree Quality.Trees installed as mitigationin accordance withthis section 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 II,"prepared bv
the Florida Department of Agriculture and Consumer Services.Trees shallbe planted
according to sound nursery practices as illustrated in the Landscape Manual.
26
Ord.No.13-14-2191
(c)Off-Site Mitigation.Ifthetotal number of trees reguired as mitigation cannot be
reasonably planted on the subiect property,the applicant may enter into agreement with
the City,to plant the excess number of replacement trees on public property within the
City.
(d)Tree Trust Fund.If the total number of trees reguired as mitigation cannot be reasonably
planted on the subiect property,or at the City's direction,as an alternative to the off-site
mitigation provided in the Tree removal Section of this ordinance,the applicant shall
contribute to the City's Tree Trust Fund the sum of $1000.00 for each 2"DBH reguired as
mitigation in accordance with the Tree removal Section of this ordinance.
(11)General Tree Protection
(a)Tree Protection during Construction.Trees shall be protected during construction
through the use of protective barriers in accordance with the Landscape Manual.
Trees that are to remain on site,shall be clearly identified with tags.A protected area
within the drip line of the tree or within a radius of 10 feet measured from the tree
trunk,whichever is less,shall be maintained around trees to remain in accordance with
the Landscape Manual,unless the city's certified arborist otherwise determines in
writing that a smaller or larger protected area is acceptable for each tree,or an
alternative tree protection method is approved.
(i)No oil,fill,eguipment.building materials or building debris shall be placed
within the areas surrounded bv protective barriers,nor shall there be disposal
of any waste materials such as paints,oils,solvents,asphalt,concrete,mortar
or any other materials harmful to trees or understory plants within the areas
surrounded bv protective barriers.
(ii)Trees shall be braced in such a fashion as to not scar,penetrate,perforate or
otherwise inflict damage to the tree.
(iii)Natural grade shall be maintained within protective barriers.In the event that
the natural grade of the site is changed as a result of site development,such
that the safety of the tree may be endangered,tree wells or retaining walls may
be reguired.
(iv)Underground utility lines shall be placed outside the areas surrounded bv
protective barriers.If said placement is no possible,disturbance shall be
minimized bv using technigues such as tunneling.
(v)Fences and walls shall be constructed to avoid disturbance to any protected
tree.Post holes and trenches located close to trees shall be dug bv hand and
adjusted as necessary,using technigues such as discontinuous footings,to
avoid damage to major roots.
(b)During demolition and/or development,including installation ofirrigation systems orany
other underground installations,protective barriers shall be placed around each tree
and shall remain in order to prevent the destruction or damaging of roots,stems or
crowns of such trees.The barriers shall remain in place and intact until such time as
approved landscape operations begin:however,barriers may be removed,subseguent
to written permission from the City after an onsite inspection,temporarily to
accommodate construction needs,provided that the manner and purpose for such
temporary removal will not harm the trees.The trees shall be properly irrigated
throughout the building process.Persons who cause trees damaged during
construction shall be subiect to the penalties set forthin the provisions of Section 20-
4.5.1(13)(Understorv plants within protective barriers shall be protected.
(c)Tree Pruning/Trimming.The pruningortrimmingof any tree shallbein accordance
with guidelines in the Landscape Manual.No more than 25 percent ofa tree's living
27
Ord.No.13-14-2191
canopy shall be removed within a one-year period.The practice known as "Hat-
racking"is not permitted and shall be considered a violation of this section.Any other
tree abuse,or activity that can effectively destroy a tree,shall also be considered a
violation of this section.A violation of this section of the code shall be mitigated in
accordance with this ordinance.
(12)Enforcement
(a)Jurisdiction.The City shall have iurisdiction for the proper and effective enforcement of
this section.The City shall have the right to inspect subiect properties in accordance
with the approved tree removal permit and the provisions of this section.
(b)Individual Enforcement.Each tree removed without a tree removal permit shall
constitute a separate and distinct violation and shall be the subiect of individual
enforcement.
(c)Tree Viability After Project Completion.If the City determines that any tree is not
viable,alive,and growing,one year after all associated development activity on the
property is completed,the City shall reguire that said tree be replaced with the same
tree species and size which was originally planted or relocated,as per the approved
tree removal permit.
(13)Penalties,Remedies Cumulative
(a)Fine.Any person,or agent thereof,who removes a tree without a tree removal
permit shall pay a fine of $250 per violation..plus mitigation in the form of
replacement trees or an amount which would have been reguired into the Tree
Trust Fund.Each tree removed without a tree removal permit shall constitute a
separate and distinct violation,subiect toa separate fine and mitigation .If the
violator fails to timely complete the reguirements of this ordinance for tree
mitigation ("Tree Mitigation Violation"),the initial fine shall be re-assessed for each
day thereafter until the mitigation is completed,as determined bv the City Manager.
The fines shall increase to $500 per day for any repeated Tree Mitigation
Violations.Allof the fines provided forin this ordinance may be increased or
decreased bv and as set forth in the City's Fee Schedule ordinance.
(b)Tree Mitigation Reguired.Inadditionto the monetary fine established above,the
planting of replacement trees shall be reguired.If the total number of trees reguired
as mitigation cannot be reasonably planted on the subiect property,the applicant
shall contribute into the City's Tree Trust Fund in an amount based upon the chart
below.Mitigation that is reguired bv this ordinance shall be completed withinsixty
(60)days after the violator has received a citation.
(c)Tree Mitigation for Trees Removed Without a Permit.This chart shows
the following values which are intended tobe minimum levels of replacement for
each size of tree removed.This chart and/or the values in the chart mav be
amended bv the City's Fee Schedule from time to time.
Diameter
Pf
Tree
removed
2"-3"
4"-6"
Number
2"DBH
or
28
Diameter
4"DHB
PI
or
In lieu of
Replacement
$1.000
$2.000
Ord.No.13-14-2191
7H-12"
13"-18"
19°-24"
25"-30"
31"-36"
37"-42"
43"-48"
49"or 40
greater
8 PI 4 QL
12 PI 6 QL
16 PI 8 QL
20 QL 10 QL
24 QL 12 QL
28 QL 14 QL
32 QL 16 QL
or 20 or
$4.000
$6.000
$8.000
$10.000
$12.000
$14.000
$16.000
$20.000
The above formula approximates the following example:
For every 500 Sguare feet of canopy removed,a hardwood tree replacement of at least
12fttall would be reguired.For instance,if 2.300 sg ft of tree canopy were removed,
the replacement reguirement would be four12 foot tall trees and one 8foottall tree or
at the minimum level of financial contribution,at $500.00 or $1.05 per sguare foot of
canopy,which ever is greater.This example would reguire a minimum of $2.500.00.
(d)Irreparable or Irreversible Violations.In the event the Code Enforcement
Special Master finds the removal of any tree without the reguired permit tobe
irreparable or irreversible in nature,it may impose afine not less than $2.000 and not
to exceed five thousand ($5.000)dollarsper violation,plus mitigation as reguired inthis
chapter.In determining the amount of the finein excess of $2.000.the Special Master
shall consider,in accordance with Section 162.09.Florida Statues,as amended,the
following factors:
(i)The gravity of the violation:
(ii)Any actions taken bv the violator to correct the violations:and
(iii)Any previous violations committed bv the violator.
(e)WithholdingofaNew Building Permit.The removalofanytreeinviolationofthis
section shall constitute groundsforwithholding new buildingpermitsforthe subiect
property until the violation has been corrected,including the payment of all fines
and the plantingofall trees reguiredasmitigation,pursuant tothis section has
occurred to the satisfaction of the city.Alternatively,in order to obtain the new
building permit,thepersoninviolationmayposta payment andperformancebond
pursuant to 255.05 of the Florida Statues naming the City of South Miami as
Obligee.Thebondshallbeinthe amount oftenpercentoftheconstruction cost or
ten percent ofthe appraised valueofthe property,whichever isgreater.The bond
will be maintained inplace until theviolationhas been corrected,pursuanttothis
section.Thissectionshallnotapplyto complete applications submitted tothe City
on the effective date of this ordinance.
(f)Withholdingofa Certificate ofOccupancy.The Planning Departmentshallnot
approve the zoning inspection reguiredfora temporary or final Certificateof
Occupancy until all violation ofthissectionhavebeencorrected,including the
payment of all fines and the plantingofall trees reguired as mitigation,pursuant to
this section.
29
Ord.No.13-14-2191
(g)Occupational License.The occupational license ofany person who performs any
services in the City and who violates this ordinance shall be suspended,or if vet to
be issued,shall not be issued,until the violator has complied with this ordinance,
paid all fines incurred and complied with all reguirements for tree mitigation.
(h)Remedies Cumulative.The remedies provided in this section shall be cumulative
to all remedies provided bv law and/or eguitv.and the election of one shall not
preclude the other.
(i)Costs and Fees.In the event the City institutes any civil action to enforce the
terms of this section ina court of competent iurisdiction.the City shall be entitled to
recover the fines imposed pursuant to the violation(s).the cost of trees reguired as
mitigation,the costs associated with the investigation and prosecution,inclusive of
a reasonable attorney's fee for prosecuting attorney,together with any eguitable
and legal remedies deemed reasonable and proper bv the court.
(14)Exemptions.The following are exempt from the provisions of this section:
(a)Any tree growing ina botanical garden or a licensed plant or tree nursery
business.
(b)When the City Manager determines inwriting that tree removal permitting
reguirements will hamper private or public work to restore order to the City after a
declared state of emergency bv the City Commission.
(c)The removal of any tree during or following an emergency such as an act of
nature or a life safety issue.
(d)Removal of any dead tree oraliving tree of the following nuisance tree
species:
SPECIES COMMON NAME
Acacia auriculiformis Earleaf Acacia
Albizzia lebbeck Woman's Tongue
Araucaria heterophvlla Norfolk Island Pine
Ardisia elliptica Shoe-button Ardisic
Bambusa spp.Tree Bamboo
Bauhinia varieaata Orchid Tree
Bischofia iavanica Bischofia
Brassaia actinophvlla Schefflera
Casuarina spp Australian Pine
Cupaniopsis anacardiodes Carrotwood
Enterolobium cvclocarpum Ear Tree
Eucalvptus spp Eucalyptus
Ficus beniamina Weeping Fio
30
Ord.No.13-14-2191
Grevillea robusta Silk Oak
Hibiscus tiliaceus Mahoe
Leucaena leucocephala Lead Tree
Melaleuca guinguenervia Melaleuca
Metopium toxiferum Poison Wood
Psidium guaiava/littorale Guava
Ptvchosoerma elegans Solitaire Palm
Ricinus communis Castorbean
Sapium sebiferum Chinese Tallow Tree
Schinus terebinthifolius Brazilian Pepper
Svzygium cumini Java Plum
Terminalia cattapa Tropical Almond
Thespesia populnea Mahoe
Nothinginthis section shall be construed to prevent the proper pruning ortrimmingof
trees where necessary for proper landscape maintenance and safety,provided that no
more than 25 percent of the crown or foliage is removed.
(15)Street trees.
(a)Size and spacing.Street trees shallbeofa species typicallygrowninMiami-Dade
Countywhichnormally mature toaheightofat least twenty(20)feet.Street trees shall
have a clear trunkoffour(4)feet,anoverall height oftwelve (12)feet and aminimum
caliper oftwo(2)inches attimeof planting,and shall be provided along all roadways at
a maximum average spacing ofthirty(30)feet on center,except as otherwise provided
inthis Chapter.Street trees are not reguired when a colonnade open to the publicis
locatedwithinfour(4)feetofthe edge oftheroadway.Street trees maybeplaced
withinthe swale area orshallbeplacedonprivateproperty where demonstrated tobe
necessary due to right-of-way obstructions as determined bv the Public Works
Department or the appropriate authoritywithinthemunicipality.The Citymayreguire
root barriers as per City rules.
(b)The maximum average spacing ofthirty(30)ftformultiplesingle-familyunitsshall
be based on the totallineal footage of roadway for entire projects andnot based on
individual lot widths.
(c)Power lines.Where theheightandlocationof overhead powerlinesreguirethe
plantingoflowgrowing trees,street trees shallhaveaminimumheightofeight(8)feet.
aminimum caliper of one and one-half (1 1/2)inches attimeof planting,andshall meet
the following reguirements:
i.Single trunk trees clear oflateral branches tofour(4)feet and/or multi-trunk
trees or tree/shrubs,as referenced in the Landscape Manual,cleared offoliageto
a height of four (4)feet.
ii.A maximum average spacing of twenty-five (25)feet on center.
Iii Maturingtoaheightand spread not encroaching withinfive(5)feetof overhead
power distribution lines.
iv.Underhigh voltage (50kVand above)transmission linesinstalled independent
31
Ord.No.13-14-2191
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,
(d)Palms.Palms which meet all of the following reguirements shall count as a
reguired street tree on the basis of one (1)palm per tree.
i.Minimum canopy of fifteen (15)feet at maturity.
ii.Provided at an average maximum spacing of twenty-five feet (25)feet on
center.
iii.Fourteen (14)foot minimum overall height or minimum caliper of four (4)
inches at time of planting.
iv.It is provided however that gueen palms (Svagrus romanzoffiana)shall not be
allowed as street trees.No more than thirty (30)percent of the minimum tree
reguirements may be met bv palms.
(e)Fourtv (40)percent of the reguired trees and/or palms shall be native species.
(f)In order to prevent adverse environmental impacts to existing native plant
communities,only existing Sabal Palmettos (Cabbage Palms)shall be used to satisfy
minimum tree and native plant reguirements.except that Cabbage Palms 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 reguirements.
(g)When trees are reguested bv a property owner to be planted within the right-of-
way,the reguesting property owners shall execute a covenant provided bv the City to
provide for the maintenance of such trees subseguent to planting.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 reguire that said trees
and landscape material be placed on private property.
(h)Where trees are planted on private property,thev shall be placed within seven
(7)feet of the edge of the dedicated right-of-way or within seven (7)feet of the edge
of the roadway and/or inside edge of a sidewalk on private roads and shall be
maintained bv the private property owner such that the trees do not interfere with the
activities of the right of wav.
(i)Consideration shall be givento the selection of trees,plants andplanting site to
avoid serious problems such as clogged sewers,cracked sidewalks,and power
service interruptions.
(i)Street trees arenot reguired when a colonnade open to the publicis located
within four (4)feet of the edge of the roadway.
32
Ord.No.13-14-2191
(k)Street trees in the Hometown District overlay shall be located per the street tree
reguirements set forth under Section 20-7.
(16)Planting in Relation to Utility Lines.The ultimate,mature height and width of a tree to
be planted shall not exceed the available overhead growing space as limited bv the tree
touching the overhead obstacle.A list of small trees and palms which may be permitted to
be planted adjacent to utility lines is available in the University of Florida IFAS "Trees and
Powerlines"document.
(17)Emergency Provisions.In the event that the City Manager determines that any tree in
the City may constitute a hazardous condition so as to endanger the public health,safety
and general welfare unless it is immediately removed or pruned,the City Manager,or his
designee,may verbally authorize the removal of such tree following an onsite inspection of
the subiect tree without the securing of a removal permit as reguired bv this section.
The provisions and reguirements of this chapter may be temporarily staved bv a majority
vote of the City Commission following the occurrence of a hurricane,tornado,flood,or
other natural disaster.
Section 4.Codification.Theprovisionsofthis ordinance shall become and be made partof
theCodeof Ordinances oftheCityofSouth Miami as amended;that the sections ofthis ordinance may
be renumbered orre-letteredtoaccomplishsuch intention;andthattheword"ordinance"maybe
changed to "section"or other appropriate word.
Section 5.Severability.Ifanysection,clause,sentence,or phrase ofthis ordinance isfor
any reason held invalid orunconstitutionalbyacourtof competent jurisdiction,thisholdingshallnot
affect thevalidityoftheremainingportionsofthis ordinance.
Section 6.Ordinances in Conflict.All ordinances or parts of ordinances and all sections and
partsof sections of ordinances indirectconflictherewitharehereby repealed.However,itisnotthe
intentofthissectiontorepealentireordinances,orpartsofordinances,thatgivethe appearance of
being in conflict whenthetwoordinancescanbe harmonized orwhenonlya portion oftheordinance in
conflict needs tobe repealed to harmonize the ordinances.If the ordinance inconflict can be
harmonizedbyamendingitsterms,itishereby amended toharmonizethetwoordinances.Therefore,
onlythat portion that needs toberepealedtoharmonizethetwoordinancesshallberepealed.
Section 7.Effective Date.Thisordinanceshall become effectiveupon enactment.
PASSED AND ENACTED this20thdav ofMay ,2014.
CITY CLERK
1st Reading-5/5/14
2ndReading -5/20/14
yjyi^ri^n^^^^
APPROVED:
MAYOR
READAJtf)APPROVED AS TO FORM:COMMISSION VOTE:5-0
LANG0A6E LEGALl/yAND /Mayor Stoddard:Yea
E^ECUTMmTHERBOK /ViceMayor Harris:Yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
1^'ICfu^il^r^Commissioner Welsh:Yea
?Y ATTORf
MIAMI DAILY BUSINESS REVIEW
PublishedDailyexceptSaturday,Sundayand
LegalHolidays
Miami,Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersignedauthoritypersonallyappeared
M.2ALDIVAR,whoonoath says thatheor she isthe
LEGAL CLERK,LegalNoticesofthe Miami Daily Business
Reviewf/k/a Miami Review,adaily(exceptSaturday,Sunday
andLegal Holidays)newspaper,publishedat Miami in Miami-Dade
County,Florida;thatthe attached copyof advertisement,
beingaLegalAdvertisementofNoticeinthe matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING FOR 5/20/2014
in the XXXX Court,
was published in said newspaper in the issues of
05/09/2014
Affiant furthersaysthatthesaid Miami Daily Business
Reviewisa newspaper published atMiamiin said Miami-Dade
County,Floridaandthatthesaid newspaper has
heretofore been continuously published insaid Miami-Dade County,
Florida,eachday(exceptSaturday,Sundayand Legal Holidays)
andhasbeenenteredassecondclass mail matteratthepost
office in Miami insaid Miami-Dade County,Florida,fora
periodofoneyearnextprecedingthefirst publication ofthe
attachedcopyof advertisement;and affiant further saysthatheor
shehasneitherpaidnor promised anyperson,firm or corporation
any discount,rebate,commission or refund forthepurpose
ofsecuring this advertisement/or publication in thesaid
newspaper.
(SEAL)
M.ZALDIVAR personallyknowntome
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