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RESOLUTION NO., ____ _
A Resolution approving the Tree City USA Application in an effort to be
recognized and designated as a Tree City USA.
WHEREAS, the City Commission adopted Ordinance No. 7-98-1655 on April 21, 1998
amending Section 20-4.5 of the City's Land Development Code in order to provide for consistency
with adopted revisions to the Miami-Dade County regulations as set forth in Miami-Dade County
Ordinance No. 98-13 adopted on January 13, 1998; and
WHEREAS, the City Commission adopted Ordinance No. 26-07-1927 on September 4,
2007 creating the Green Task Force which has worked diligently to develop a Green Master Plan and
presented the results of their work to the City Commission on June 8, 2010; and
WHEREAS, the City Commission adopted Resolution No. 23-09-12832 on February 3,
2009 committing to a Carbon Neutral Initiative, which included a Carbon Neutral Initiative Work
Plan; and
WHEREAS, the City Commission that has systematically worked towards the goal of
protecting our trees and our environment as a whole, wishes to join dozens of cities throughout the
Country who have proudly received the distinction of the Tree City USA designation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Commission of the City of South Miami, Florida hereby approves
the attached Tree City USA Application marked as Exhibit A in an effort to be recognized and
designated as a Tree City USA and to meet the December deadline.
Section 2. This resolution shall be effective immediately upon being adopted.
PASSED AND ADOPTED this __ , day 0[ ____ , 2011.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
1
ORDINANCE NO. 7-98-1655
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SECTION 20-4.5
"LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND
DEVELOPMENT CODE BY AMENDING SAID SECTION 20-4.5 TO BE
CONSISTENT WITH THE AMENDED LANDSCAPING REQUIREMENTS OF
MIAMI-DADE COUNTY, AS SET FORTH IN CHAPTER 18-A OF THE
COUNTY'S CODE OF ORDINANCES, AND AS AMENDED BY COUNTY
ORDINANCE NO. 98-13, ADOPTED JANUARY 13, 1998; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 21, 1989, the County Commission of Dade
County, Florida, adopted Ordinance No. 89-8, which modified the
existing County tree preservation regulations under Chapter 24,
Code of Metropolitan Dade County, Florida, and required municipal
enforcement of new "tree preservation and protection regulations"
or required municipal notice to the County requesting enforcement
by the County within the jurisdiction of the municipality; and,
WHEREAS, on December 5, 1995, the County Commission of Dade
County, Florida, adopted Ordinance No. 95-222, which modified the
existing County landscape requirements under Chapter 18A and
required municipal enforcement of these County regulations; and,
WHEREAS, on April 2, 1996, the City Commission adopted
Ordinance No. 3-96-1603, in order to codify a unified and concise
set of regulations, to be located in a single section of the
adopted Land Development Code, and to provide for consistency of
City regulations with Miami-Dade County adopted regulations; and,
WHEREAS, on January 13, 1998, the County Commission of Dade
County, Florida, adopted Ordinance No. 98-13, which modified the
existing County landscaping regulations under Chapter 18-A, Code
of Metropolitan Dade County, Florida; and,
WHEREAS, the City Administration has prepared a package of
amendments to Section 20-4.5 of the City's Land Development Code,
in order to provide for consistency with newly adopted revisions
to the Miami-Dade County regulations, as set forth in Miami-Dade
County Ordinance No. 98-13, adopted on JanuaTy 13, 1998; and,
WHEREAS, the City Commission finds that it is in the public
interest to provide for consistency of the City's regulations
with County regulations, as required by Miami~Dade County.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Landscape Revisions Ordinance: 2nd Reading April 21, 1998 1
section 1. Section 20-4.5 of the Land Development Code,
which is entitled "Landscape Requirements," is hereby amended as
set forth in the attached Exhibit A.
Section 2. If any section, clause, sentence, or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. This ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 21st day of April, 1998.
ATTEST: APPROVED:
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
Mayor Robaina:
Vice-Mayor Oliveros:
Commissioner Fe1iu:
Commissioner Russell:
CITY ATTORNEY I Commissioner Bethel:
C:\ .. \ reports \ Landscape REV Ord.doc
Landscape Revisions Ordinance: 2nd Reading April 21, 1998
5-0
Yea
Yea
Yea
Yea
Yea
2
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To: Mayor and City Commission
From: Diana Morris
Deputy City Manager
REOUEST:
Date: March 11,1998
Re:
Agenda Item #
Comm. Mig. 03/17/98
Landscape Revisions Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MlAMl, FLORIDA, RELATING
TO SECTION 20-4.5 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE
BY AMENDING SAID SECTION 20-4.5 TO BE CONSISTENT WITH THE AMENDED LANDSCAPING REQUIREMENTS
OF MlAMl-DADE COUNTY, AS SET FORTH IN CHAPTER 18-A OF THE COUNTY'S CODE OF ORDINANCES, AND
AS AMENDED BY COUNTY ORDINANCE NO. 98-13, ADOPTED JANUARY 13, 1998; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
On April 2, 1996, the City Commission adopted Ordinance No. 3-96-1603, in order to condense,
into a single source, all landscaping and tree regulations for the City of South Miami. These
regulations include applicable sub-sections of Chapters 18A and 24 of the Code of Metropolitan
Dade County, landscaping requirements originally adopted by South Miami, and a combined set
of definitions. This ordinance is codified under Section 20-4.5 of the Land Development Code.
On January 13, 1998, the Miami-Dade County Commission adopted Ordinance No. 98-13, which
modified the existing County landscaping regulations under Chapter 18-A of the Code of
Metropolitan Dade County, Florida. The attached ordinance amends Section 20-4.5 in the City's
Land Development Code in order to incorporate the County's revisions.
Changes are set forth in Exhibit A. Additions are indicated by underline font (e.g., additions), and
deletions are indicated by strike-through font (e.g., deletiolls). The County's staff report,
induding a summary of changes, and Ordinance No. 98-13 are attached for your reference.
RECOMMENDATION: Approval to initiate the process.
Attachments:
Draft, Proposed Ordinance for First Reading
Correspondence from Miami-Dade County
City Manager's Report: Landscape Revisions Ordinance
I
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To: Mayor and City Commission
From: Diana Morris
Interim City Manager
REOUEST:
Date: April 15, 1998
Re:
Agenda Item #
Comm. Mtg. 04121/98
Landscape Revisions Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING
TO SECTION 20-4.5 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE
BY AMENDING SAID SECTION 20-4.5 TO BE CONSISTENT WITH THE AMENDED LANDSCAPING REQUIREMENTS
OF MIAMI-DADE COUNTY, AS SET FORTH IN CHAPTER 18-A OF THE COUNTY'S CODE OF ORDINANCES, AND
AS AMENDED BY COUNTY ORDINANCE NO. 98-13, ADOPTED JANUARY 13, 1998; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
On April 2, 1996, the City Commission adopted Ordinance No. 3-96-1603, in order to condense,
into a single source, all landscaping and tree regulations for the City of South Miami. These
regulations include applicable sub-sections of Chapters 18A and 24 of the Code of Metropolitan
Dade County, landscaping requirements originally adopted by South Miami, and a combined set
of definitions. This ordinance is codified under Section 20-4.5 of the Land Development Code.
On January 13, 1998, the Miami-Dade County Commission adopted Ordinance No. 98-13, which
modified the existing County landscaping regulations under Chapter 18-A of the Code of
Metropolitan Dade County, Florida. The attached ordinance amends Section 20-4.5 in the City's
Land Development Code in order to incorporate the County's revisions.
Changes are set forth in Exhibit A. Additions are indicated by underline font (e.g., additions), and
deletions are indicated by strike-through font (e.g., deletions). The County's staff report,
including a summary of changes, and Ordinance No. 98-13 are attached for your reference.
On March 31, 1998, the Planning Board voted 5: 1 to recommend approval as presented.
RECOMMENDATION: Approval.
Attachments:
Proposed Ordinance for Second Reading
Correspondence from Miami-Dade County
City Manager's Report: Landscape Revisions Ordinance
Staff Memorandum to the Planning Board
Planning Board Minutes from 03/31198
20-4~5 Landscaping. and Tree Protection Requirements for All Zoning Districts
Section 20-4.5 contains the following sub-sections [§l:
COMBINED LANDSCAPING REQUIREMENTS TREE REMOVAL, RELOCATION & PROTECTION
(A) Definition of Terms for 20-4.5 Only (H) Tree Removal Permit-Applicability
(B) Landscape Requirements-Applicability (I) Tree Removal Permit-Submittals
(C) Landscape Requirements-Submittals (J)Tree Removal Permit-Replacement
(D) Landscape Requirements-County (K)Tree Removal Permit-Relocation
(E) Landscape Requirements-City (L)Tree Protection-Required Barriers
(F) Landscape Plans Review Criteria (M) City of South Miami Tree Trust Fund
(G) Certificate of Compliance Required (N)Violations of Section 20 4.5
(A) Definition of Terms for Section 20-4.5 Only
In constructing the provisions of Section 20-4.5, where the context will permit and
no definition is provided in Section 20-4.5 or in Section 20-2.3 of the Land
Development Code of the City of South ~iami, then the definitions provided in
Chapter 24 and Chapter 33 of the Code of Metropolitan Dade County, Florida, and
Chapter 403, Florida Statutes, as may be amended from time to time, and in rules and
regulations promulgated thereunder, as may be amended from time to time, which
relate to Section 20-4.5, shall apply to Section 20-4.5 only, except as otherwise
changed by the definition included in this subsection (B) as follows:
Accessways shall mean the maximum width of an accessway through the perimeter
landscaped strip to an off-street parking or other vehicular use area shall be
determined according to the Public Works Manual I Part I, Standard Details. No more
than one (1) two-way accessway shall be permitted for any street frontage up to one
hundred (100) lineal feet, such standards to be applicable to any property under one
(1) ownership. Where such ownership involves over one hundred (100) feet of street
frontage, one (1) additional two-way or two (2) additional one-way drives may be
permitted for each additional one hundred (100) feet of frontage or major fraction
thereof. The balance of such street frontage not involved with accessways shall be
landscaped in accordance with the provisions of § 20-4.5.
Affected tree shall mean any tree which shall be, or already has been, removed,
relocated, or effectively destroyed l thereby requiring a tree permit pursuant to
Section 20-4.5.
Automatic irrigation system shall mean an irrigation system with a programmable
controller or timing mechanism.
Bona fide agricultural activities shall mean land used for the growing of food
crops, nurseries for the growing of landscape material, the raising of livestock,
horse farms, and other good faith agricultural uses, except any portion of the
property not eligible for agricultural exemption.
Bona fide agricultural purposes shall mean good faith commercial or domestic
agricultural use of the land. In determining whether the use of the land for
agricultural purposes is bona fide, the following factors set forth in Section
193.461, Florida Statutes (and as amended from time to time), though nonexclusive,
shall be taken into consideration: (1) the length of time the land has been so
utilized; (2) whether the use has been continuous; (3) the purchase price paid; (4)
size, as it relates to specific agricultural use; (5) whether an indicated effort
has been made to care sufficiently and adequately for the land in accordance with
Exhibit A
accepted commercial agricultural practices, including, without limitation,
fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural
practices; (6) whether such land is under lease and, if so, the effective date,
length, terms, and conditions of the lease; and, (7) such other factors as may from
time to time become applicable.
Bona fide fruit grove shall mean a grove of fruit trees specifically planted to
produce edible fruit for commercial purposes or personal consumption by owner(s)
Botanical garden shall mean any publicly-owned real property used for the
cultivation of plants for display or scientific research.
Buffer or Perimeter Landscape shall mean an area of land which is set aside along
the perimeter of a parcel of land in which landscaping is required to provide an
aesthetic transition between different land uses and to eliminate or reduce the
adverse environmental impact, and incompatible land use impacts.
Caliper shall mean for trees under four (4) inches in diameter, the trunk diameter
measured at a height of six inches above natural grade. For trees four (4) inches
and greater in diameter, the trunk diameter measured at twelve (12) inches above
natural grade.
Clearance pruning shall mean pruning required to avoid damage or danger related to
structures. power distribution and property, as defined in the current ANSI 300
Standards.
Colonnade shall mean a roof or building structure, extending over the sidewalk, open
to the street and sidewalk, except for supporting columns or piers.
Common open space shall mean an area required as open space in this section or other
sections of the Land Development Code of the City of South Miami.
Canopy shall mean those trees which constitute the tallest layer of foliage.
Canopy cover shall mean the aerial extent of the branches and foliage of a tree.
Canopy coverage shall mean the extent of ground within the drip line of a tree.
Controlled plant species shall mean those plant species listed in the Landscape
Manual which tend to become nuisances because of their ability to invade proximal
native plant communities or native habitats, but which, if located and cultivated
properly, may be useful or functional as elements of landscape design.
Dade County Nursery Report shall mean a monthly, published bulletin listing
availability of trees, prices of trees, and stock of many major nurseries in Dade
County which is prepared by the Florida Nurserymen and Grower Association.
Developed land shall mean land upon which structures or facilities have been
constructed.
Development shall mean any proposed activity or material change in the use or
character of land, including, but not limited to, the placement of any structure,
utility, fill, or site improvement on land, and any act which requires a building
permit.
Exhibit A 2
Diameter at Breast Height (DBR) shall mean diameter of a tree's trunk measured at a
point four and one-half (4 ~) feet ~the t~~e~em-Bh~~
above natural grade. In the case of multiple-trunked trees, the DHB shall mean the
sum of each trunk's diameter measured at ~~~~ a height four and one-half
(4 ~) feet ~~e±€-the tr~om the gr~-at-above natural grade.
Differential operation schedule shall mean a method of scheduling an irrigation
system to apply different quantities of water, and/or apply water at different
frequencies as appropriate, for different hydrozones.
Dissimilar land uses shall mean proximate or directly associated land uses which are
contradictory, incongruous or discordant, such as high-density residential,
intensive commercial or industrial uses located adjacent to low-intensity uses.
Dominance shall mean the species or group of species having the largest total number
of individuals in the canopy and/or understory within a defined area.
Drip line shall mean an imaginary vertical line extending from the outermost
horizontal circumference of a tree's branches to the ground.
Dwelling, single-family shall mean a residential structure which is designed for, or
occupied by, one (1) "family", as defined under Section 20-2.3, Definitions.
Duplex dwelling shall mean a residential building designed for, or used as, the
separate homes or residences of two (2) separate and distinct families, but having
the appearance of a single-family dwelling house. Each individual unit in the duplex
shall comply with the definition for a one "dwelling, single-family".
Effective dcstructi~mea" the cutt~-4mmi"g, gir-dliH9" or damagi1'lg of a
t;'r-ee-L-s--=~~et-&y-&tem ____ he-€",_--that-the tree is no 10l'lge'r-¥iable,
or tree pruning nst;: in a~dancc ld:.t~e most recent l' .. fFleri-eaH-~~
~~-.,a.ar--d-l?~aetiaes for 'free Care Ope~_~
Energy conversation zone shall mean a zone located no more than twenty-two (22) feet
from a structure in a 180 degree band from due east of the northeast point of the
structure, to due south. to due west of the northwest point of the structure.
Environmentally-sensitive tree resources shall mean a specimen tree, natural forest
community, or any other tree or trees that substantially contribute(s) to the
aesthetics of an area, which are not exempted from these permit requirements.
Existing development shall mean a site with structures that were legally approved
through the issuance of a Certificate of Use and Occupancy or a Certificate of
Completion as of February 13, 1996.
Facultative shall mean plants with a 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 in a
forest which has been created to prevent the spreading of wild fires.
Exhibit A 3
Florida Number 1 Grade or equivalent shall mean the classification of the quality of
a nursery plant as published in Grades and Standards for Nursery Plants, Part II,
Fla. Dept. of Agriculture and Consumer Services, 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 to maintain and preserve an individual natural forest community.
Geologic feature shall mean a natural rock or mineral formation.
Grav water shall mean that portion of domestic sewage emanating from residential
showers, residential bathroom washbasins. or residential clothes washing machines.
Ground cover shall mean a dense, extensive growth of low-growing plants, other than
turf grass, normally reaching an average maximum height of not more than twenty-four
(24) inches at maturity.
Hat-racking or Topping shall mean ~emoval ',,'ith4B-a one (-1) yeal" perieG,-e-f:--me>ee
~~~·L.s--±-:.h"'-v"in§f eanopy, flat cutting the top of a tree, severing
the leader or leaders, or the removal of any branch three (3) inches or greater in
diameter at any point other than the branch collar.
Hazard pruning shall mean the removal of dead. diseased, decayed or obviously weak
branches two (2) inches in diameter or greater.
Heat island shall mean an unnaturally high temperature micro-climate resulting from
radiation from unshaded impervious surfaces.
Hedge shall mean a landscape barrier consisting of a continuous, dense planting of
shrubs, not necessarily of the same species.
Herbaceous plant shall mean a plant having little or no woody tissue.
Highway shall mean any public thoroughfare, including streets, designed for motor
vehicles.
Hydromulch shall mean a sprayed application of seed, mulch and water.
Hydrazone shall mean a zone in which plant material with similar water needs are
grouped together.
Included bark shall mean bark that is pushed inside a developing crotch, causing a
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 in a healthy and vigorous condition.
Exhibit A 4
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 a plan indicating all landscape areas, stormwater
retention/detention areas. areas which qualify to be excluded from maximum permitted
lawn area, existing vegetation to be retained, proposed plant material, landscape
legend. landscape features, planting specifications, and details. and all other
relevant information required in Section 20-4.5.
Landscape replacement plan shall mean a drawing containing proposed tree removal,
tree replacement planting, tree relocation, and preservation areas.
Lawn area shall mean an area planted with lawn grasses.
Manual irrigation system shall mean an irrigation system in which control valves and
switches are manually operated rather than operated by automatic controls.
Mixed use shall mean the approved use or occupancy of buildings or parcels for both
residential and nonresidential purposes in the same development or project.
Moisture and rain sensor switch shall mean a-device§ with the ability to switch off
an automatic irrigation controller after receiving a determined amount of rainfall
or moisture content in the soil.
Mulch shall mean non-living organic materials customarily used in landscape design
to retard erosion, weed infestation, and retain moisture, and for use in ~
and play planting areas.
Multifamily residential development shall mean an approved residential dwelling,
building or structure(s) designed to be occupied by three (3) or more families.
Multiple single-family developments shall mean attached or detached single-family
residential developments that are planned as a total project and not as one single-
family unit on one parcel, such as in Planned Unit Development projects.
Native habitat shall mean an area enhanced or landscaped with an appropriate mix of
native trees, shrubs and ground cover species that resembles a native plant
community or natural forest community in structure and composition or is naturally
occurring, and is smaller than the size thr~e±d-for inclusi~s a natur~orest
eemmun:ity.
Native plant species shall mean a plant species with a geographic distribution
indigenous to all or part of Dade County. Plants which are described as being native
to Dade County in botanical manuals such as, but not limited to, "A Flora of
Tropical Florida" by Long and Lakela and "The Biology of Trees Native to Tropical
Florida" by P. B. Tomlinson, are native plant species within the meaning of this
definition. Plant species which have been introduced int9 Dade County by man are not
native plant species.
Exhibit A 5
Native plant community shall mean a natural 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 prior to the placement
of any filIon the site.
Natural Forest Community shall mean all assemblages of vegetation designated as
Natural Forest Communities on the Dade County Natural Forest Community Maps and
approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84
and further defined in Section 24-3 of the Dade County Code.
Net lot area shall mean the area within lot boundaries of all lands comprising the
site. Net lot area shall not include any portion of the abutting dedicated streets,
alleys, waterways, canals, lakes or any other such dedications.
Nonviable shall mean not capable of existing and continuing to provide biological or
aesthetic qualities associated with a healthy, functioning tree resource.
One family dwelling shall mean a private residential building used or intended to be
used as a home or residence in which all living rooms are accessible to each other
from within the building and in which the use and management of all sleeping
quarters, all appliances for sanitation, cooking, ventilation, heating or lighting
are designed for the use of one family only.
Owner-builder shall mean (an) owner(s) in fee who construct(s) no more than one (1)
single-family or duplex residence per year for personal use and occupancy by said
owner{s)t and not intended for sale.
Overhead irrigation system shall mean a high pressure, high volume irrigation
system.
Perimeter landscape or Buffer shall mean an area of land which is set aside along
the perimeter of a parcel of land in which landscaping is required to provide an
aesthetic transition between different land uses and to eliminate or reduce the
adverse environmental impact, and incompatible land use impacts .
.!?±aRt material zone (hydrozoae+-shall meaB-a~~ant mater~i-th-B;i,m~
wa-t~
Planting detail shall mean a graphic representation of the plant installation
depicting the materials to be used and dimensions to be met in the placement of
plants and other landscape materials.
Preservation area shall mean portions of a site that are to be protected from any
tree or understory removal (except as required by the City of South Miami) and
maintained without any development.
Prohibited plant species shall mean those plant species listed in the Landscape
Manual which are demonstrably detrimental to native plants, native wildlife,
ecosystems, or human health, safety, and welfare.
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).
Exhibit A 6
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 perennial plant of low to medium height,
normally growing to a height of twenty-four (24) inches or greater, characterized by
multiple stems and branches continuous from the base.
Site plan shall mean a scaled, comprehensive drawing or set of drawings, which
indicates site elevations, roadways, rights-of-way, setbacks, easements and the
location of all site improvements, including proposed and existing buildings, all
structures, parking areas, driveways, access roads, other paved areas, ingress and
egress drives, landscaped open space, signage and any other site development.
Specimen tree shall mean a tree with any individual trunk which has a DBH of
eighteen {18} inches or greater, provided, however, that the following trees are not
specimen trees:
(1) All trees listed in Section 20-4 _ 5 (H) (5) ;
(2) Non-native fruit trees that are cultivated or grown for the specific purpose
of producing edible fruit, including, but not limited to, mangos, avocados, or
species of citrus;
{3} Non-native species of the genus Ficus;
(4) All multi trunk trees in the palm family, except Acoelorrhaphe wrightii and
Phoenix reclinata which have a minimum height of fifteen (15) feet.
Spray head shall mean an irrigation device which applies water to the sailor plant
surface by fixed spray or mist nozzles.
Stabilized lawn area shall mean area of ground underlain with structural support in
the form of grass pavers or stabilized soil prepared to withstand the load of
intended vehicular use, such as automobiles, fire trucks, and garbage trucks.
State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund
established under Florida Statutes Chapter 375 (as amended from time to time) for
the purposes of purchasing environmentally-sensitive land.
State-Approved plant nursery shall mean a business actively engaged in propagating,
growing, maintaining, and selling tree species that has been licensed to conduct
such business by the State of Florida or by 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.
Exhibit A 7
_et-aeee shall mean a sin§lle trunk tr-eE>--€4-a~al±y~e
G0unty and--B<l'r-mad-ly-matu'loin§l to a hei§lht-Bf--at; least t"enty-{20) feet and having a
minimum olear __ -f.etl'r-(4)--f-eet at time of planal1§f--a·nd-e~--+&) feet at
maturity. Suoh street trees shalJ.~n-an--a'V~~~f----th4cr-ty--f-4¥e
·(35) fe~E8"--a~a4ways.-
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 within a one (I) year period, of more
than one-third of a 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 Or fibrous perennial plant with a trunk having a minimum DBH
of three (3) inches or with an overall height of twelve (12) or more feet. Tree
shall not include any mangrove trees as defined in Section 24-3(77) of the Code of
Metropolitan Dade County, Florida.
Tree abuse shall include:
(1) Damage inflicted upon any part of a tree, including the root system, by
machinery, construction equipment, cambium layer penetration, storage of materials,
soil compaction, excavation, chemical application or spillage, or change to the
natural grade.
(2) Hatracking.
(3) Girdling or bark removal or more than one-third (1(3) of the tree diameter.
(4) Tears and splitting of limb ends or peeling and striopinq or bark resultin~ from
improper pruning techniques not in accordance with the current ANSI A300 Standards.
Tree canopy cover (see canopy cover)
Tree removal shall mean directly or indirectly cutting down, destroying, removing or
relocating, or effectively destroying (through damaging, trimming, authorizing or
allowing cutting down, destroying, removing, moving or damaging of ) any tree.
!J!ree su~l>alJ.-me-a£-a~~e£d-y~t;he-site plan and-at the
sarne scale as the sit-e-plan suffioient to prov4<J.€-'th<>--4-el-lewi:ag---i'&foooma-t-i--..
~)the location, ple&ted hy accura&e-~elation to all e~i~-aE4
prep<>s~,.ef-alJ.----<>*istin§' trees of a four (4) in~1l or lar-§'Q-r,
wbWb-are-prepeae<> to he r-emeved, reloeated.,-e~
·(-;3+l?£ffiTide in tabular-f.er~he tree survey the follm.'in§l informatio&!-
(a)seientifio and eemmea-name of trees, eaeh-e£~oh shall-B~umher~
(h) diame~~DHB) of eaeh-Hee, or if a mu±t--iple truBl<;-k-ee,
the--sum DBI! for all trunlw-;·
.(.e-) an estimate-ef-the-h~~ever, and physioal oOH4i-t;ion of eaeh
tree, and-wll~r-spee4meB-t:::I?ec{s) e:dst on site;·--an4,
Exhibit A 8
#)-l9oundar-i-es of any -na£4."II'e-J?±a<*--eeffiflm~ that m,4&t£-BH~4ng
Native-~es as deter-ffi'bBed-l3y-Bade--GE>unty~
Tree Well shall mean a soil retaining structure designed to maintain the existing
natural ground elevation beneath a tree to preserve the tree when the surrounding
area is filled to raise the ground elevation. Tree wells shall have a minimum radius
of three (3) feet from the trunk of the tree and a maximum radius of ten (10) feet
from the trunk of the tree.
Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant
species that are typically associated with a natural forest community, native plant
community, or native habitat.
Vegetation required to be preserved by law shall mean the portions of a site,
including but not limited to, Specimen Trees, Natural Forest Communities, and native
vegetation which are clearly delineated on site plans, plats, or recorded
restrictions, or in some other legally binding manner, that are to be protected from
any tree or understory removal or effective destruction and maintained without any
development.
Vegetation survey 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 a hard surface area designed or used for off-street
parking and/or an area used for loading, circulation, access, storage, including
fire trucks, garbage trucks, or display of motor vehicles.
Vine shall mean a plant with a flexible stem which normally requires support to
reach mature form.
(B) Landscaping Requirements -Applicability
Section 20-4.5 shall apply to all public and private development when a permit is
required, except for the following:
(1) Existing attached and detached single-family and duplex dwellings, including
any future additions or expansions shall be exempt from the provisions of
Section 20-4.5.
(2) Bona fide agricultural activities: Any ~~-property net-receiving an
agricultural classification and assessment pursuant to Section 193.461 of the
Florida Statutes shall comply ,dth the reqc<iromen&s--e4'-----Geet-i-eB-29 4. SL
substantiated by a plan submitted indicating the area with the agricultural
classification.
(3) Existing development as defined in § 20-4.5(A) shall only be required to
comply with the street tree requirements of § 20-4.5(D) (3); however, the
requirements of § 20-4.5(D) (3) shall not apply to existing attached and
detached single-family and duplex dwellings, per § 20-4.5(A) (1) above.
(4) Parking lot buffer will not be required if inadequate area exists which will
cause the elimination of any required parking pursuant to this code.
Exhibit A 9
The provisions of Section 20-4.5 shall only apply where a building permit is
required for external alterations or where a paving permit is required for expansion
of parking areas. Routine maintenance such as re-roofing and painting shall not be
considered external alterations for Section 20-4.5 requirements; however r re-roofing
and painting is considered an external alteration under other provisions of this
Code and may require the approval of the ERPB and/or a permit.
(C) Landscape Requirements -Submittals
All submitted landscape plans, irrigation plans, tree surveys and other required
submittals must meet with the approval of Planning Division, prior to issuance of
permits for paving, new parking areas, or expansion of existing parking areas.
lll-Landscape Plans
+~~velepme ... ts. Lana·'*"'t*'~" e"ist-i-R§-<l.~R\ents may-he
17"r-eJ:?a-r-eG--by~-.......er-t--he-ew:Her' s r~esentative.
+U(a) New-G-n-e Owner-builder Single Family or Duplex Dwelling: Landscape
plans submitted for new one family or duplex dwellings may be in the
form of plot plans or drawings prepared by the owner or the owner's
representative, provided however, developments requiring site plan
review shall meet with the requirements of the section below and with
Chapter 481, Florida Statutes.
-(.e-Hb) All Other _Development: Landscape plans for new-development
other than provided for under (a) a.B.~1-above, shall be prepared by,
and bear the seal of, a landscape architect licensed to ,practice in the
State of Florida, or by persons authorized to prepare landscape plans or
drawings under Chapter 481, Florida Statutes. Preliminary Ibandscape
plans shall be provided as part of the submission for site plan approval
~tted with the initial,~~§~ne.
Such plans shall:
i. be drawn to scale with dimensions and include property boundariesL
north arrow, graphic scale. and date;
ii. include a He-e--vegetation survey, including an aerial photograph
which outlines the subject site, provided at the same scale as
landscape plan(s) ;
iii. delineate existing and proposed structures, parking spaces, and
other vehicular use areas, access aisl~ sidewalks, utilities.
€J:.r4.vCT<lays, sig·~-he-±ee~~~ies and easements,
~lHdin~ the height and voltage of power &f any utility-lines on
the property or adjacent properties,-a~ilar features;
iv. desigaate indicate the common and scientific name and quantity of
plants to be installed using "Landscape Legend" code format as
prescribed by the Miami-Dade County Director of the Department of
Planning, Development and Regulation locatiea~e, ana~~
of livin9 plant mat~~-t:e-Be-i£etal±e4r-er preser~,
in accordance with the requirements of Section 20-4.5;
Exhibit A 10
Exhibit A
v. identify ~-ibe-t~eeation and ~~er~B~all
landscape features and non-living landscape materials~ be used;
vi. show all areas of vegetation ~e featu~es, aFea~
Ycgetation required to be preserved by law, including but not
limited to trees, specimen trees, native plant species, natural
forest communities, native habitats and, wetland£~~~~
~-4eatures ~el'>t-6*t~~-Eien and eutlin~
existing-aE:4-~oposed buildings, fences, aRd other-s::ruo&&Fa±
-i~vements Upe~i
vii. illustrate geologic. historic and archeological features to be
preserved;
viii. depict stonnwater retention/detention areas and areas excluded
from maximum permitted lawn area;
ix. document zoning district, net lot area, required open space, and
maximum permitted lawn area;
x. show building coverage and the location and dimension of greenbelt
and water areas proposed for business and industrial zones, as
required in the Land Development Code;
xi. complete "preparer's Certification of Landscape Compliance."
Final landscape plans submitted for permit shall include all of the
above, as well as the following:
x~~. a fully completed, permanently affixed "Landscape Legend" as
prescribed by the Director of the Department of Planning, Development
and Regulation;
xiii. critical layout dimensions for trees, plant beds and landscape
featuresj
xiv. method(s) to protect and relocate trees and native plant
communities during construction;
Yii.indi~~(s) te~t~k-ecs and Eative pl-anio
eemnH:lflities dur~~
xv. planting details and specifications;
xvi. irrigation plans. as may be required by the zoning district;
xvii. irrigation details and specifications. as required above; and,_
xvi. notarized "Preparer's Certification of Landscape Compliance" at
time of final inspection.
11
'IF.id4. include a taBle cleal"l-y displ-a~-t-he relevamo ctatisti-eaJ,
~ation ~y to cva:±uate eGm~ith th6-}'?'r-9visions e-:E-
Scotion 20 4.5, inel-uding ne~-ea~4-~ amount of
open s~€e; quaatity, size, and species of trees to be planted,
~eservedl and rel-oeafs.ea-r-{jiuantity r size I and species..a all other p±aE...t7
materi-al to Be planted~~-~eloeatc4"; squa:r;:e footage~
i?a-ved areas l' and such other informa-t40n requi-r-ed to make-a-Eletermination
that the landscape plan meets the requir~ments of Seet-ion 29 4.5.
(2) Vegetation T~~ Survey
~A vegetation ~ survey, as defined in § 20-4.S(A), shall be provided for
all sites with ex-i-st;in§f tFees' of four (4) i..:aches DBH-or §-reater at the same
scale as the landscape plan. The vegetation survey shall be accompanied by an
aerial photograph which outlines the subject site without obscuring its
features. The vegetation survey shall provide the following information:
i. the accurate location and graphic representation. in relation to
existing development of all existing trees of a minimum two (2) inch DBH
or ten (10) foot height, or for native trees, of a minimum onc and onc-
half (l % ) DBH or eight (8) foot height, including those which are
proposed to be removed, relocated or preserved on site in accordance
with the requirements of this section;
ii. the boundaries of any native habitat, native plant community, native
plant species, and/or Natural Forest Community and associated understory
that exists on site, as determined by the Miami-Dade County Department
of Environmental Resources Management [DERM] i and,
iii. a table showing the following information:
a. the scientific and common name of each tree, each of which shall be
numbered;
b. the diameter at breast height (DBH) of each tree, or if a multiple
trunk tree, the sum DBH for all trunks; and,
c. an estimate of the height, canopy cover, and physical condition of
each tree, and whether specimen tree{s) exist on the site.
(3) Irrigation Plans
Exhibit A
Irrigation plans shall be submitted, whenever a landscape plan is required.
(a) For a new one family or duplex dwelling, the irrigation plan may be
indicated on a plot plan or a separate drawing prepared by the owner or
the owner's agent indicating area(s) to be irrigated, location and
specifications of lines and heads, and pump specifications.
(b) All Other Development: Irrigation plans shall be suhmitted with the
initial, master building plans.
12
Such plans shall:
i. be drawn on a base plan to same scale as landscape plans(s) i
ii. delineate landscape areas, major landscape features and plant
material zone§ (hydrozones), if applicable;
iii. delineate existing and proposed structures, parking areas or other
vehicular use areaS, access aisles, sidewalks, driveways, the
location of utilities and easements, and similar features;
iv. include water source, design operating pressure and ~low rate per
zone, total volume required for typical depths of application, and
application rate; and,
v. include locations of pipes, controllers, valves, sprinklers, back
flow prevention devices, and electrical supply.
vi. Irrigation details
(D) Landscape Requirements -County
The following standards shall be considered the minimum requirements for all
landseape and/~ irri§"ation plans-unless otherwise indicated:
(1) Lawn area (turf)
Exhibit A
(a) For all residential and mixed uses, lawn area shall be limited to a
maximum of ~~~sixty (60) percent of the required landscaped open
space, as required in Section 20-3.5. In residential zoning districts
where landscaped open space is not specified, lawn area shall be
restricted to a maximum of ~irty (30) fifty (50) percent of the net lot
area.
(b) For all office, commercial, and industrial uses, lawn area shall be
limited to a maximum of twenty (20) percent of the required landscaped
open space, as required in Section 20-3.5. Where landscape open space. is
not specified, lawn area shall be restricted to a maximum of twenty (20)
percent of the net lot area less the area covered by buildings. Very
drought tolerant grasses and low growing native plant species, including
grasses and forbs, as referenced in the Landscape Manual, may be used as
groundcover beyond the maximum permitted grass area.
(c) Grass areas shall be planted in species well adopted to localized
growing conditions in Dade County. Grass areas may be sodded, plugged,
sprigged, hydromulched, or seeded, except that solid sod shall be used
in swales or other areas subject to erosion.!, .. :,-aad, pro"".riEling that I-in
areas where other than solid sold or grass seed is used, over-seeding
shall be sown for immediate effect and protection until coverage is
otherwise achieved.
13
+a}&tabili~~-4er~i~£tlf<>r-&H>a-S used f-El'lC organized
SJ?&l'ts, pl~~eas-tH3e4-~-t~~
IA~s, shal-l-Bot be etffi&te4-teW<H'd-the-maoc-4tm±ffi--pe'l'-mi-t-£ed lawn
~eas. Grassed a~cas used f~~~~d sports at schools and p~~
parks shal-± not courr~a-r~€-ma*.imHm-perffiitted la,m area .'
(d) Exclusions from maximum permitted lawn areas:
i. stabilized grass areas used for parking;
ii. grassed areas designated on landscape plans and actively used for
sports, playgrounds or picnic areas;
iii. grassed areas in the right-of-way; and,
iv. stormwater retention/detention areas planted in qrasses which are
very drought tolerant, as referenced in the Landscape Manual, as well as
tolerant to wet soils.
(2) Irrigation
(a) All newly-planted and relocated plant material shall be watered by
temporary or permanent irrigation systems until such time as they are
established.
(b) Irrigation shall be prohibited within native plant communities and
natural.forest communities, except for temporary systems needed to
establish newly planted material. Temporary irrigation systems shall be
disconnected immediately after the establishment of plant communities.
(c) Irrigation systems shall be designed to conserve water bv allowing
differential operation schedules~-4ew-wQter re~~~~
~B based on hydrozone.
(d) Irrigation systems shall be designed, operated, and maintained~
hea~ae to not overthrow or overflow on-to impervious surfaces.
(e) Lo~ trajectory spray heads, and/or low volume water distributing or
appiication devices, shall be used. Aeria±Overh~ad irrigation systems
shall only be permitted ~~in bonafide agricultural activity areas
j9±a<1_w-i-tH--g;rass, trees, and~arubbery "q,.iCR are ~-a-lf (j$) ae;ee
or lar~€-r~e4£€.
(f) Gray ~l~water shall be used where approved systems are
available.
-{g-~i.,,~.ation systems sRal-±--be capable of Being s,dtcheil--t;,e-manual
during raill'jl'--!>e-J4eEl~~rigatiBn systems ~pe<l
wi-tf>-..aB.~4:~ices .
{B+(g) During dry periods, irrigation application rates of between one
(1) and one and one-half (I Y2 ) inches per week are recommended for turf
areas.
Exhibit A 14
lbJ A moisture or rain sensor device shall be required on all irrigation
systems equipped with automatic controls.
(i) Irrigation systems shall be timed to operate only during hours and on
days permitted in Chapter 32, Code of ~~olitanMiami--Dade County.
(j) If an irrigation system is not provided, a hose bib shall be provided
within seventy-five (75) feet of any landscape area.
(3) Street trees
Exhibit A
~hall have a olear trunk of fou" (1) feet, afl~all height
~elve (1:&) feet and a minimum DB!!· EYf--twe-f-;l-~-t-4m~
j?±antiEg-aHfl-shall be J?3"ovided al-ong all """"'Jays at-a--tna-,dmum aYCl'agB
spacing of th4~ty five (3§) feet OE ee~
(a) Size and spacing. Street trees shall be of a species typically grown in
Dade County which normally mature to a heiqht of at least twenty (20)
feet. Street trees shall have a clear trunk of four (4) feet, an
overall height of twelve (l2) feet and a minimum caliper of two (2)
inches at time of planting, and shall be provided along all roadways at
a 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 (4) feet of the
edge of the roadway. Street trees shall be placed within the swale area
or shall be placed on private property where demonstrated to be
necessary due to right-of-way obstructions as determined by the Public
Works Department or the appropriate authority within the municipality.
(b) The thirty-five (35) foot average spacing requirement for multiple
single-family units shall be based on the total lineal footage of
roadway for entire projects and not based on individual lot widths.
(c) Power lines. Where the height and location of overhead power lines
require the planting of low growing trees, street trees shall have a
minimum height of eight (8) feet, a minimum caliper of one and one-half
(l % ) inches at time of planting and shall meet the following
requirements:
i. Single trunk trees clear of lateral branches to four (4) feet and/or
multi-trunk trees or tree/shrubs, as referenced in the Landscape Manual,
cleared of foliage to a height of four (4) feet.
ii. A maximum average spacing of twenty-five (2S) feet on center.
iii. Maturing to a height and spread not encroaching within five (S}
feet of overhead power distribution lines.
iv. Under hiqh voltaqe (50kV and above) transmission lines installed
independent of underbuilt distribution lines, tree height and spread
shall not exceed the minimum approach distances specified in the current
ANSI (American National Standards Institute) Zl33.l Standards, as
referenced in the Landscape Manual.
15
(d) Palms. Palms of a ten (10) f~ot minimum &verall hei§ht at time of
p;L-aHt4-R§, or -ef---a-mi-nimum-DBI! of three (3) inches at time of plant-i-R"f
shaH---eetffit as a re'!'lir~-on the··basis of t"o (.;1-) palms per tree.
Palms which meet all of the following reguirements shall count as a
required 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.
It is provided however that queen palms (Syaqrus romanzoffiana) shall
not be allowed as street trees.
No more than thirty (30) percent of the minimum tree requirements may be
. met by palms.
-(4}~(~e~) ___ Thirty (30) percent of the required trees and/or palms shall be
native species.
-fe+(f) _0~aB-tweE.t-y--+2-G-)~-eent of the nat-ive tree re'!'li-3?OmDnis£
saall be Sabal Pal~§e) Palm.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 requirements, 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 requirements.
~~~(~gu)~ __ Q·When trees are·planted within the right-of-way, the owners of
land adjacent to the areas where street trees are planted must maintain
those areas, including the trees, plants and sod, using pruning methods
specified in this section. A covenant executed by those owners is
required, or a Special Taxing District must be created to maintain these
areas. Where the State, County, or municipality determines that the
planting of trees and other landscape material is not appropriate in the
public right-of-way, they may require that said trees and landscape
material be placed on private property.
+,r)-(h) Where trees are planted on private property, they 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.
+h+(i) Consideration shall be given to the selection of trees, plants and
planting site to avoid serious problems such as clogged sewers, cracked
sidewalks, and power service interruptions.
-~(j) Street trees are not required when a colonnade open to the public
is located within four (4) feet of the edge of the roadway.
Exhibit A 16
+j-)-(k) Street trees in the Hometown District overlay shall be located per
the street tree requirements set forth under Section 20-7.
(4) Shading Requirements for Structures and A/e Units
Trees shall be planted to provide shade to residential structures that are
thirty-five (35) feet in height or less. At least two required lot trees shall
be positioned in the energy conservation zone as defined herein. All exterior
air conditioning units, except for air conditioning units placed on the roof,
shall be shaded by trees and/or shrubs, as referenced in the Landscape Manual.
(5) Site Trees
Tree removal permits or natural forest community vegetation removal permits
are required prior to removal of trees, specimen trees, or any vegetation in a
natural forest community, respectively, pursuant to § 20-4.5(H)-(L).
(a) Tree size: All trees, except street trees, and trees located beneath
power lines shall be a minimum of ten (10) feet high and have a minimum
€I4ame~ at breast height (DB!!) caliper of two (2) inches at tJie-time of
planting except that thirty (30) percent of the tree requirement may be
met by native species with a minimum height of eight (8) feet and a
minimum ImHcaliper of one 'and one-half (1)-2) inches at time of planting.
(b) Minimum number of trees: The minimum number of trees required under
Section 20-4.5 for landscape plan submittals shall be as follows:
Zoning Districts (and proposed districts) No. of Trees Required per Net Acre or Lot
RS-l, RS-2 9 trees per acre of net lot area
RS-3, RS-4 3 per lot
RT-6, RT-9, RM-18, RM-24, RO, LO, MO 28 trees per acre of net lot area
NR, SR, GR, PI, H, Mixed Use, TODD, eRO 22 trees per acre of net lot area
I (Intensive) 15 trees per net acre of lot area
(c) Existing trees on site required to be preserved by law and that meet the
size requirements in (a) above may be counted toward fulfilling the
minimum tree requirements.
(d) Required-&treet trees a~rees fo£-£fta4ing of ~tHres shall Be
counte~he-m4Himum t~ee requirem~In addition to the number
of trees indicated in Table A. additional trees (street trees) may be
required as provided in the previous sub-section. entitled Street Trees.
~~(e) Grassed areas to be used for organized sports as football, soccer
or other similar sports or playgrounds, that are clearly identified on
£-i.t.elandscape plans ~fically for-aeio-:bve spO'r-t:-s-aet-i'II4t-ies or
f7'laY§frouOOs-, shall not be counted toward calculating tree requirements.
{4+(f) Palms of a ten (10) foot minimum overall height at time-&f
~~ or ef--a minimum DBHcaliper of three (3) inches at time of
Exhibit A 17
planting shall count as a required tree on the basis of two (2) palms
per tree, except as provided herein for palms used as street trees. No
more than thirty (30) percent of the minimum tree requirements may be
met by palms.
+e+~(~gw)~ __ Prohibited and controlled tree species shall not be counted toward
fulfilling the minimum tree requirements. Prohibited trees shall be
removed from the site.
+£+~(~hL) ___ Thirty (30) percent of the required trees and/or palms shall be
native species.
+~ (i) NB-ffiE>r~B-iowent~) percent o£--t-he-£tttd~ee requirements
shaH be sal9ad-Palmetto (Cabba§'e+--Pa±m.·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 requirements. 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 requirements.
+fl+(j) Consideration shall be given to the selection of trees, plants and
planting site to avoid serious problems such as clogged sewers, cracked
sidewalks, and power service interruptions.
(6) Shrubs and Hedges -minimum standards for size, number and variety
(a) Shrubs shall be provided at a ratio of seven (7) ten (lO) per required
tree. All sShrubs shall be minimum of eighteen (l8) inches in height
when measured immediately after planting.
(b) When used as a visual screen, buffer, or hHedges, shrubs shall be
plantedL as required under §20-4.5(D) and §20-4.5(E)L at a maximum
spacing of thirty (30) inches on-center, or if planted at a minimum
height of thirty-six (36) inches, shall have a maximum, average spacing
of forty-eight (48) inches on-center and shall be maintained so as to
form a continuous, unbroken, and solid visual screen within a maximum of
one year after time of planting.
(c) Shrubs and hedges shall not be necessarily of the same species.
(d) Thirty (30) percent of shrubs and hedges shall be native species.
(7) Vines -minimum standards for size and uses
Vines shall be a minimum of twelve (l2) inches in length immediately after
planting and may be used in conjunction with fences, screens, or walls to meet
physical barrier requirements as specified. Planting of perimeter walls with
vines is recommended as a deterrent to painting of graffitti.
(8) Ground Covers -minimum standards survival and hedge replacement
Ground cover plants used in lieu of grass, in whole or in part, shall be
planted in such a manner as.to present a finished appearance and reasonable
Exhibit A 18
complete coverage within one (1) year after planting. Cround-eovcF may be
atllastituted fe"~ty (30)~43 of the required shJ:'ws at a rate of three
+3+-g,,-ffiffid~-j!llants per-eh",'*'.
9) Mulch -minimum standards for depth and required use
(a) Weed-free mulch shall be applied and maintained in a minimum three (3)
inch layer under and around all trees and shrubs, and in a minimum two
(2) inch layer under and around all planting areasqround cover.
(b) The use of mulch shall be restricted to planting areas.
(c) Cypress mulch shall not be used because its harvest degrades cypress
wetlands.
(10) Buffers Between Dissimilar Land Uses -additional requirements
(a) Additional Requirement for Six-Foot Screening: Where dissimilar land
uses exist on adjacent properties, and where such areas will not be
entirely visually screened by an intervening building or structure from
abutting p~opertYI that portion of such area not so screened shall be
provided with a buffer consisting of a six (6) foot wall or fence with a
life expectancy of at least ten (10) years, or a hedgeshrubs which
normally grows to a minimum height of six (6) feet.
(b) Increased Standards for Hedge Size/Spacing: Where chain link fencing is
permitted, a-hedgeshrubs shall also be required. A±±-sQhrubs used as a
buffer shall be a minimum of thirty (30) inches in height at time of
planting, and shall be planted at a maximum spacing of thirty-six (36)
inches on center, or a minimum of thirty-six (36) inches in height at
time of planting and planted at a maximum average spacing of forty-eight
(48) inches on center. Said buffer shall form a continuous screen
between the dissimilar land uses within one (1) year after planting.
(c) Additional Trees Required in Buffers: Buffers screening dissimilar uses
shall include trees planted at a maximum spacing of thirty-five (35)
feet on center within a minimum five (5) foot landscaped strip.
(11) Parking Lot Buffers
All parking lots adjacent to rights-of-way or private streets shall be
screened by a continuous he€lgeplanting and/or three (3) foot high wall with a
seven (7) foot landscaped strip incorporating said hea~planting and/or wall
on private property. ~es shall be a minimum-height of eigh~een (18) inches
Planting material at time of planting shall be either a minimum height of
eighteen (1S) inches, with a maximum average spacing of thirty (30) inches on
center or a minimum height of thirty-six (36) inches with a maximum average
spacing of forty-eight (48) inches on center.
(12) Landscaped Areas in Parking Lots -to exceed open space requirements
(a)
Exhibit A
A±±-pa'leJdng lo~s shall~t1ired te-provide ~en no) sqt1a",,~
'1a£aseap~-ea€>h parking space. Said space may be p:l-aee€!
19
~-e-w~ a par~~bjeet -tG-'ba~e-Plan R~Ten (10)
square feet of landscaped area per parking space shall be provided
within a parking lot. In order to maximize the distribution of shade,
trees shall be planted throughout the interior of the parking lot at a
minimum density of one tree per eighty (80) square feet of landscaped
area, exclusive of parking lot buffers. Planting areas for each tree
shall have a minimum width of five (5) feet, exclusive of the curb
dimension, and shall be planted or covered with other landscape
materials.
(b) This requirement is in addition to applicable required open space.
Planting areas shall be,a minimum of twenty-five (25) square feet.
(13) Plant Quality -minimum standards
(a) All plants installed 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 by
the State of Florida Department of Agriculture and Consumer Services.
(b) Trees installed pursuant to this section shall have one primary vertical
trunk and secondary branches free of included bark up to a height of six
(6) feet above natural grade.
(14) Prohibitionsea-a£d Controlled P~
~te4-speci-e£--Bf;all not be planted and shall be removed fram any si-te
wR4Bh-i£-subjeet to the reEj~ent$ of Seotion 20 4.5. CenHolled S];7ee;i.es
shall not be planted ,~thin five hundred feet of a Natural Forest-C-ommunity or
native habitats as dlcfined-llcrein.
(a) Prohibited Plant Species shall not be planted and shall be removed from
any site which is subject to the requirements of this ordinance.
(b) Controlled Plant Species shall not be planted within five hundred (500)
feet of a Natural Forest Community or native habitats as defined herein.
(c) West Indian Mohagony <swietenia rnahaqoni) shall not be planted within
five hundred (500) feet of a rockland hammock or pine rockland.
(d) Tree Abuse is prohibited. Abused trees shall not be counted toward
fulfilling the minimum tree requirements.
(15) Pruning Trees shall be pruned in the following manner: Hat raekin§l or
~prohibit4eR-and e"eeptien&
Exhibit A
(a) All cuts shall be clean, flush and at junctions, laterals or crotches.
All cuts shall be made as close as possible to the trunk or parent limb,
without cutting into the branch collar or leaving a protruding stub.
(b) Removal of dead wood, crossing branches. weak or inSignificant branches.
and suckers shall be accomplished simultaneously with any reduction in
crown.
20
(c) Cutting of lateral branches that results in the removal of more than
one-third of all branches on one side of a tree shall only be allowed if
required for hazard reduction or clearance pruning.
jg) Lifting of branches or tree thinning shall be desiqned to distribute
over half of the tree mass in the lower two-thirds (2/3) of the tree.
(e) No more than one-third (1/3) of a tree's living canopy shall be removed
within a one (1) year period.
(f) Trees shall be pruned according to current ANSI A300 Standards and the
Landscape Manual.
~aeJcing--or topping shall not-lge permitted, proviEiing that tree CE:-<>wn
reCluetien in ex-eeBS of one-thirEi (1~~~' shall he
~i~~~he following site e&nEiitions.
-tal if a troe inter-f-8:'~B.Mlity li-nes or B.tility struetB.-re&;-
-(.e-) if a t-"'ee has -storm Eiama~
(16) Stormwater Retention/Detention Areas
Exhibit A
(a) Stormwater retention/detention areas shall be designed to maximize the
perimeter dimension, where feasible.
(b) Stormwater retention/detention areas shall be planted throughout with
native herbaceous facultative plants, with the following exceptions:
i. In areas that are designated and actively used for play and/or picnic
areas, overflow parking, or sports shall be planted with grasses which
are very drought tolerant, as referenced in the Landscape Manual, as
well as tolerant to wet soils.
ii. In areas where the minimum required stormwater retention capacity
would be adversely affected.
(c) The minimum required number of native herbaceous facultative plants
shall be one plant per square foot of retention/detention area.
including the slope. Minimum required herbaceous plant container size
shall be one and one-half (1 ~ ) inches, commonly referred to as a
liner. Sprigging, seeding, plugging, hydro-mulching or sodding with
native herbaceous facultative plants grown from local seed sources may
be used in lieu of liners. Herbaceous plants shall be planted in such a
manner as to present a finished appearance and reasonably complete
coverage within one (1) year after planting.
(d) Native facultative trees or shrubs may be used in lieu of native
herbaceous facultative plants, provided that the minimum required
stormwater retention capacity is not adversely affected.
21
(E) Landscape Requirements -City Standards for Parking Lot Areas
All vehicular use areas, except those which are located within or beneath structures
and those serving single-family or two-family residential uses, shall conform to the
minimum landscaping requirements of this sub-section.
To ensure that required landscaping in vehicular use areas is used to its greatest
potential in relieving the monotony of and insuring circulation safety within such
areas, the following standards are set forth:
(1) Interior Improvements
(a) When the interior of any vehicular use area is designed for purposes
other than off-street parking, such as a service station, drive-in
banking or drive-through retailing, an area or combination of areas
equal to not less than ten (10) per cent of the total vehicular use
area, exclusive of perimeter landscape buffers, shall be devoted to
interior landscaping.
(b) When the interior of any vehicular use area is designed for off-street
parking purposes, the following landscaping elements shall be required
in lieu of percentage requirements:
i. Curbed terminal islands shall be located at both ends of rows of
contiguous spaces. Such islands shall be not less than five (5) feet in
width and extend the entire length of the spaces. Each terminal island
shall have at least one (1) tree for every ninety (90) square feet of
area, or portion thereof, and be covered with grass or ground cover as
needed to meet requirements under § 20-4.5(D) (1).
ii. Curbed interior islands, which measure not less than five (5) feet in
width and extend the entire length of the parking space, shall be
located within rows of contiguous spaces. There shall be at least one
(1) interior island for every eight (8) spaces within each row. Interior
islands shall be placed at intervals of not less than six (6) nor more
than ten (10) spaces, but shall not be required in rows containing six
(6) contiguous spaces or less. Each interior island shall have at least
one (1) tree for every ninety (90) square feet of area, or portion
thereof, and be landscaped with grass or ground cover as needed to meet
requirements under § 20-4.5(D) (1).
iii. Interior islands need not be placed directly opposite each other when in
abutting parking rows. Any design arrangement which relieves monotony or
increases tree coverage of the vehicular use area is permissible.
(2) Triangles of Visibility
Exhibit A
(a) All landscaping within required Triangles of Visibility, as defined in
§ 20-3.6(G), shall provide unobstructed cross-visibility at a height of
between three (3) and six (6) feet.
(b) Trees having over six (6) feet of clear trunk, with limbs and foliage
22
trimmed in such a manner as not to extend into Triangles of Visibility,
shall be permitted in said areas, provided that they in no way create a
traffic hazard.
(c) No landscaping elements I except for grass or ground cover, shall be
located within three (3) feet of any accessway.
(3) Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas
(a) Landscaped areas shall be protected from the overhang of parked
vehicles. Where such protection is necessarYI reinforced concrete wheel
stops or an approved continuous curbing of not less than five (5) inches
in height shall be installed to prevent such overhang.
(b) Concrete wheel stops shall be permanently anchored to the ground and
located not less than thirty (30) inches from landscaped areas.
(c) If the overhang area is left unpaved, it shall be landscaped according
to this section and the abutting required perimeter buffer or divider
median may be four (4) feet in width.
(F) Landscape Plans Review Criteria
Landscape plans shall be reviewed by the Planning Division in accordance with the
following goals and objectives, and the guidelines and illustrations provided in the
Landscape Manual [published by Metropolitan Dade County, Florida].
(I) Landscape design shall enhance architectural features, relate structure design
to the site, visually screen dissimilar uses and unsightly views, reduce noise
impacts from major roadways and incompatible uses, strengthen important vistas
and reinforce neighboring site design and architecture.
(2) Existing specimen trees l native vegetation (including canopy, understory, and
ground cover) and Natural Forest Communities shall be preserved to the maximum
extent possible and all requirements of § 20-4.5(H) through (L).
(3) In order to conserve water, reduce maintenance. and promote plant health.
plant species shall be selected and installed based on their water needs.
growth rate and size. and resource inputs. Plants with similar water needs
shall be grouped in hydrozones. Adequate growth area, based on natural mature
shape and size shall be provided for all plant materials the plan sRa±±
€lem~ate an emphasis en the l:lse-of drought: tolera-n-t:: species. Pl~
s4m~~ater requ4£ements shall be g~~ether to redHGe the am0~
... :ater neee-s-sar~r irri§fation.
(4) The plan shall include the use of native plant species in order to re-
establish an aesthetic regional quality and take advantage of the unique
diversity and adaptability of native species to the environmental conditions
of South Florida. Where feasible, the re-establishment of native habitats
shall be incorporated into the landscape plan.
Exhibit A 23
(5) Trees and shrubs shall be planted in the energy conservation zone where
feasible, in order ~se4-to reduce energy consumption by shading buildings and
shall be used to reduce heat island effects by shading paved surfaces.
(6) Street trees shall be used to shade roadways and provide visual order. Where
feasible, selected species shall be sued to establish a road hierarchy by
defining different road types.
(7) P~eeies a~-epciate te-a site' s E'ar~-a'E eonditi<lHS shall be useeh-
Special attention shall be given to the use of appropriate species located
under or adjacent to overhead ~i~ lines, near native plant
communities, and near ~-:tanks ana se~Jer underground utility lines.
Adequate growth area shall be provided for all plant materials~ees shall
net~oaeh at-a distanoe groa-t-ecr--l;han-t-en-+l-f}) feet-4-r-Bffi any overheaEl
~ity linB-at-ma-tur4ty_
(8) Landscaping shall be designed in such a way as to provide safe and
unobstructed views at intersections of roadways, driveways, recreational
paths, and sidewalks in accordance with § 20-3.6(G).
(9) Historic landscapes and landscape features designated by the local, State, or
the Federal government shall be preserved.
(G) Certificate of Compliance Required -Adjustment to Requirements Permitted
(I) A Preparer's Certificateion of Landscape Compliance ~rrn of a lettcF
bearing the original letterhead of the designing firm and licensing number
shall be submitted to and approved by the Planning Division, prior to issuance
of any final Certificate of Occupancy, Certificate of Use and Occupancy or
Certificate of Completion. The Preparer's Certificateion of Landscape
Compliance shall contain a statement I signed and sealed by the landscape
architect or by person(s) authorized to prepare plans by Chapter 481, Florida
Statutes, who prepared the approved plans, that the landscape and irrigation
plans have been implemented and that all requirements of Section 20-4.5 have
been met. Any changes or sUbstitutions to the approved plan shall be approved
by the original designing firm prior to the implementation of said changes and
substitutions. All changes or substitutions to the approved plan shall be
noted on all copies. Changes and SUbstitutions of plant material shall be of
similar quality, quantity and size, as originally approved and shall be in
compliance with the intent and requirements of Section 20-4.5.
(2) For a new single-family, duplex residence on its own lot or applicable
existing development, the owner or ownerts agent may certify in writing that
landscape and irrigation have been installed according to approved plan(s) .
(3) The Planning Division shall have the right to inspect all projects for
compliance prior to issuance of a Certificate of Occupancy, a Certificate of
Use and Occupancy, or a Certificate of Completion.
(4) Owners are responsible to ensure that landscaping required to be planted in
Section 20-4.5, and all previous versions t now amended, is: (1) installed in
compliance with the landscape requirements; (2) maintained as to present a
healthy, vigorous, and neat appearance free from refuse and debris; and (3)
Exhibit A 24
sufficiently fertilized and watered to maintain the plant material in a
healthy condition.
(5) If any tree or plant dies which is being used to satisfy current landscape
code requirements, such tree or plant shall be replaced with the same
landscape material or an approved substitute within 60 days of a complaint.
(6) The Planning Division shall withhold approval of a final landscape inspection
prior to issuance of the final Certificate of Occupancy~ Certificate of Use
and Occupancy I or Certificate of Completion until a Preparer's Certificateion
of Landscape Compliance has been approved by the Division.
(7) The Environmental Review & Preservation Board [E.R.P.B.l may adjust the
requirements of Sections 20-4.5(D)&(E) under the following procedures:
(a) The E.R.P.B. on receipt of application for adjustment of landscaping
requirements shall have the authority and duty to consider and act upon
such application. The application shall be filed by the owner or tenant
of the property concerned, or by authorized agents as evidenced by
written power of attorney, on forms prescribed by the Planning Division
and accompanied by the E.R.P.B. application fee.
(b) In the application, the applicant shall state clearly and in detail what
adjustment of landscaping requirements are being requested and the
reasons such adjustments are warranted, and shall accompany the
application with supplementary data, such as sketches I surveys and
statistical information to substantiate the adjustment.
(c) The E.R.P.B. may approve, modify or deny the requested adjustment, but
shall approve or modify such request only if it determines that approval
of any adjustment would not be contrary to the public interest and would
be in keeping with and would preserve the intent of Section 20-4.5.
(d) Procedures regarding Board actions and appeals from the decisions of the
E.R.P.B. shall follow the regulations set forth in Section 20-6.
(H) Tree Removal Permit -Applicability
(1) It shall be unlawful for any person, unless otherwise permitted by the terms
of Section 20-4.5, to do tree removal work or to effectively destroy any tree,
or to effectively destroy any understory in a 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 under 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 with Section 20-4.5. Any such permit shall be void.
(4) 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:
Exhibit A 25
Exhibit A
(a) removal of trees within the yard area of an existing single-family
residence, provided the trees are not within a Natural Forest Community,
and are not specimen trees. This exemption does not apply to trees which
are growing on public rights-af-way adjoining existing single-family
residences;
(b) removal of trees for the construction of a new single-family residence,
provided that:
i. the lot is one (1) acre or less in size (43,560 square feet), if
an AU zoned lot, or one-half acre or less in size (21, 780) square
feet, for nay other zoned loti and,
ii. the lot is being developed as the principal residence of the
owner-builderi and,
iii. the lot is not within an area designated as a natural forest
community; and,
iv. the trees are not specimen trees.
(c) removal of any dead tree;
+e+(d) 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 intended sale to the general
public in the ordinary course of business;
+e}(e) removal of trees for the establishment, maintenance, and operation
of a bona fide grove or bona fide tree nursery, except when the proposed
tree removal is to occur in a Natural Forest Community designated under
County Resolution No. 1764-84 or under subsequent revisions of the
Natural Forest Community maps, or when the proposed tree removal will
affect specimen trees as defined herein. Ally person desiring to remove
trees pursuant to this provision shall obtain written approval from the
Planning Division prior to the commencement of any such activities under
this exemption;
+e+(f) removal of any of the following tree species:
i. Melaleuca quinquenervia (cajeput or paperbark tree);
ii. Casuarina spp. (Australian pine, beefwood);
iii. Schinus terebinthifolius (Brazilian pepper), provided it is 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;
iv. Bischofia javanica (bishopwood);
v. Ricinus communis (castorbean);
vi. Psidium guajava (guava);
26
vii. Albezzia lebbek (woman's tongue);
viii. Acacia auriculaeformis (earleaf acacia) i
ix. Schefflera actinophylla (Queensland Umbrella Tree) ;
x. Araucaria heterophylla (Norfolk Island pine); and,
xi. Metopium toxiferum (poison wood), provided it is 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
equitable 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 ~
legal, beneficial or equitable 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 equitable 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 such person, this provision shall be
construed to impose joint and several liability upon 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 legal, beneficial or equitable interest in the real
property upon which such tree is located;
+±}(h) removing, trimming! cutting, or altering of any mangrove tree or
removal of any tree located upon land which is wetlands as defined in
Section 24-3, Code of Metropolitan Dade County, Florida;
{w0-(i) removal of tree within a bona fide fruit g~ove for the express
purpose of converting said bona fide fruit grove to another bona fide
agricultural purpose;
+&}(j) 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 management or control of said property I
or unless said mortgagee has effected or caused violations of -Section
20-4.5 occurring on said property.
{e+(k) Any action which occurred prior to February 2l, 1989, shall not
constitute a violation of Section 20-4.5 (H) through (L).
Exhibit A 27
(I) Tree Removal Per.mits-Submittals
(1) Tree removal permits are required for the removal or relocation of any tree
not specifically exempted under § 20-4.5(H) (5). The Planning Division shall
provide permit application forms which shall be used by applicants.
(2) An owner, agent of the owner, or lessee of a property may apply for a tree
removal permit. If the applicant is a lessee or agent of the owner, 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 or utilities which
may require removal or relocation of trees; OR,
(c) Two copies of a tree survey as defined in § 20-4.5(A); OR,
(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 (subject 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 required 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
required, 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; and,
(d) A performance bond, if required by the Planning Director, is posted:
i. The Planning Director may require 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 required replacement trees.
ii. The bond shall be equivalent to one hundred fifteen percent (115%)
of the 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 for a minimum of
either one (l) year after the actual completion date of the
Exhibit A 28
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 requirements.
(5) All tree removal permit applications which remain incomplete for a period of
one hundred twenty (120) days shall be denied. A new tree removal permit
application shall be required for 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 issuance.
~~+(6) Any permits related to a Natural Forest Community shall be approved by
the Metro-Dade County Department of Environmental Resource Management [DERM].
(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 a Natural Forest
Community, trees subject to protection, or specimen tree(s);
(c) If a site contains any portion of a Natural Forest Community, then the
permit must be submitted for review by the Metro-Dade County Department
of Environmental Resource Management [DERM];
(d) If there are trees present on a site [other than any portion of a
Natural Forest Community or specimen tree(s)], then the replacement
provisions contained under § 20-4.5(J) (2) shall apply; and,
(e) If a site contains any specimen tree(s)t then the replacement provisions
contained under § 20-4.S(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 site.
(2) Non-specimen Trees
Procedures for determining tree replacement. The Planning Division shall
determine the total number of replacement trees required 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 survey.
Exhibit A 29
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 required. The total number of
trees required for replacement shall be based on the area of impact and
category of replacement tree selected by the applicant. Each replacement tree
shall compensate for a portion of the tree canopy lost in the impact area, and
the following table shall be used as a standard for determining the required
number of replacement trees:
Category of Replacement Tree Portion of Impact Area for which
(See Step 6 below for explanation) Each Replacement Tree Compensates
Shade Tree 1 500 square feet replacement area
Shade Tree 2 300 square feet replacement area
Palm Tree 1 300 square feet replacement area
Palm Tree 2 100 square feet replacement area
Small Tree 200 square feet replacement area
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 a list of proposed replacement trees.
d) When replacement canopy area exceeds ten thousand (lO,OOO) square feet,
replacement shall be described in a landscape replacement plan which
shall meet the minimum requirements of § 20-4.S(J) (4), 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 shall required to submit a landscape replacement plan
consistent with the provisions of § 20-4.5(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 required replacement trees because of insufficient planting area as
determined by the Planning Division, then the applicant shall be required to
plant replacement trees at an off-site location subject to Planning Division
approval, or, as a last alternative, shall provide a contribution to Account
No. 2l9.355, Tree Trust Fundi to compensate for those replacement trees which
cannot be accommodated on site.
Exhibit A 30
Exhibit A
Step 5: Minimum species diversity standards. When more than ten (10) trees are
required to be planted, in accordance with provisions of § 20-4.5(J), a
diversity of species shall be required. The number of species to be planted
shall be based on the overall number of trees required. The applicant shall be
required to meet the following minimum diversity standards:
Required Number of Trees Minimum Number of Species
11-20 2
21-50 4
51 or more 6
a) When native trees are removed t then all replacement trees shall be
native species; otherwise, a minimum of fifty (50) percent of all
replacement trees planted shall be native to Dade County.
b) Permittees shall not be required to plant in excess of six (6) species.
The number of trees of each species planted shall be proportional to the
number of species required.
c) As an alternative to the minimum species diversity required herein, an
applicant may propose an alternative species diversity in an alternative
landscape enhancement plan described in § 20-4.5(J) (5).
Step 6: Minimum standards for replacement trees. The Planning Division
maintains a list 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 quality as required for a Florida No. 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 height at the time of planting and at maturity should have a
canopy coverage of five hundred (500) square feet under normal growing
conditions.
(b) All category 2 replacement shade trees shall be a minimum of eight (8)
feet in height at the time of planting and at maturity should have a
canopy coverage of five hundred (500) square 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
conditions.
(d) All category·2 replacement palm trees shall be a minimum of three (3)
feet in height at the time of planting and at maturity should have a
canopy coverage of one hundred (100) square feet under normal growing
conditions.
(e) 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) square feet under normal growing conditions.
31
(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 t the Planning Division
determines that (a) specimen tree(s) cannot reasonably be preserved
under a proposed plan, then the applicant shall provide a.n 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; and,
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 sp~ce. 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 sc~pe and intent of the initial
plan are mutually exclusive, then the Planning Division may issue a
permit to relocate the specimen tree(s). If a tree removal permit
requires relocation, then the applicant shall be required ·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 required.
e) Replacement requirements for specimen trees. As a condition of the
issuance of a tree removal permit for the removal of specimen trees,
Exhibit A 32
tree replacement requirements shall be twice those specified for the
replacement of non-specimen trees under § 20-4.5(J) (2).
f) Fee. In the event that replacement is not feasible on site, then
alternative off-site replacement shall be required, or, as a last
alternative, there shall be a contribution to Account No. 219.355, Tree
Trust Fund, for the full value of replacement trees.
g} Exemptions from specimen tree replacement requirements. Applicants may
be exempt form the replacement requirements above, but subject to the
tree replacement requirements contained in § 20-4.5(J) (2), under the
following circumst~nces:
i. Upon submittal of a statement from a landscape architect
registered in the State of Florida which indicates that a specimen
t~ee, due to disease, condition, growth habit or any other
reasonable botanical factor, does not provide the aesthetic or
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; or,
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
preserved.
(4) Landscape Replacement Plan
Landscape replacement plans may be required under the provisions contained in
§ 20-4.5(J) (l). All landscape replacement plans shall be submitted by 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 § 20-4.5(J) (2)&(3);
(b) The site plan shall include proposed replacement locations for all tree
replacements and relocations r and all property lines r proposed and
existing structures I 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 o.f the tree (s), a notation shall be
made on the plan indicating the situation and canopy area.
(5) 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 unique project design which provides reasonable assurance that the
project complies with the intent to maintain tree canopy.
Exhibit A 33
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 required canopy replacement is achieved by using shade trees
and palm trees as required under § 20-4.5(J) (2)&(3).
Category of Tree Alternative Shrub Portion of Impact Area for which
or Ground Cover Each Shrub/Ground Cover Compensates
Shrub 1 (including small palms) 60 square feet replacement area
Shrub 2/Ground Cover 30 square feet replacement area
(a) All category 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) square feet under normal growing conditions.
(b) All category 2 shrubs and ground covers shall have a root system
sufficient to sustain growth at the time of planting and at maturity
should have a canopy coverage of ten (10) to twenty (20) square feet
under normal growing conditions.
(c) The applicant shall have the burden of demonstrating that a design meets
the intent of § 20-4.5(J) (2)&(3). At a minimum, an alternative
landscaping enhancement plan shall include, without limitation:
i. A sealed statement, prepared by a la~dscape architect, registered
in the State of Florida, which indicates that the intent of § 20-
4.5(J) (2)&(3) can be effectively met through the submission of the
alternative design; and,
ii. A site plan, prepared by said landscape architect, registered in
the State of Florida, 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 requirements
of § 20-4.5(J) (2)&(3) and explicitly provides tree replacement
alternatives.
(d) The Planning Division may approve an alternative landscape enhancement
plan when:
i. The design preserves and incorporates existing vegetation; and,
ii. The design exceeds the minimum requirements or equivalent of §
20-4.5(J) (2)&(3).
(K) Tree Removal Per.mit -Relocation Standards
The relocation of any tree that is subject to the provisions of Section 20-4.5 shall
be consistent with the following minimum standards:
Exhibit A 34
(1) Trees other than palms:
(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, adequate 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 forth in §
20-4.5(J) (2)&(3).
(2) Palms:
(a) A ball of earth at least one (1) foot from the base of the trees shall
be moved with the tree;
(b) Fronds shall be securely tied around the bud prior to relocation and
shall remain securely tied around the bud during the entire relocation
process and for a minimum of one (1) week after relocation; and,
(c) Any palm that dies or becomes nonviable within one (1) year of
relocation shall be replaced according to the standards set forth in §
20-4.5(J) (2)&(3).
(3) Preservation credit for relocated trees. Permittees who successfully relocate
trees shall receive full credit for the relocated trees and the tree
replacement requirements herein shall not apply to such relocated trees. All
relocated trees shall meet the standards set forth above.
(L)Tree Protection -Required Barriers
During site development, protection requirements for trees designated for
preservation under an approved tree removal permit shall include, but not be limited
to, the following:
(1) Protective barriers shall be placed around each tree, cluster of trees, or the
edge of the preservation area no less than six (6) feet (in radius) from the
trunk of any protected tree cluster or preservation area unless a lesser
distance is specified by the Planning Division.
(2) Protective barriers shall be a minimum of four (4) feet above ground level and
shall be constructed of wood, plastic or metal, and shall remain in place
Exhibit A 35
until development is completed. Protective barriers shall be in place prior to
the start of any construction.
(3) Understory plants within protective barriers shall be protected.
(4) No excess oil, fill, equipment, building materials or building debris shall be
placed within the areas surrounded by protective barriers, nor shall 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.
(6) 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 or retaining
walls are required.
(7) Underground utility lines shall be placed outside the areas surrounded by
protective barriers. If said placement is not possible, disturbance shall be
minimized by techniques such as tunneling or overhead utility lines.
(8) Fences and walls shall be constructed to avoid disturbance to any protected
tree. Post holes and trenches located close to trees shall be dug by hand and
adjusted as necessary, using techniques such as discontinuous footings, to
avoid damage to major roots.
(9) Trees that are effectively destroyed, shall be replaced according to the
standards of § 20-4.5(J) (2)&(3).
(M) City of South Miami Tree Trust Fund
(1) Creation of the tree trust fund. There is hereby created a tree trust fund,
under Account No. 01-02-19.335, the purpose of which is to acquire, protect,
and to plant trees on public property.
(2) Disbursement and maintenance of the tree trust fund. Monies obtained for the
tree trust fund shall be disbursed for the acquisition, maintenance,
management, protection, or planting of trees on public property.
(3) Source of monies for the tree trust fund. Said tree trust fund shall consist
of contributions in lieu of, or in conjunction with, required replacement
plantings under Section 20-4.5. The Planning Division shall collect funds
designated for the tree trust fund when the replacement planting requirements
of § 20-4.5(J) (2)&(3) cannot be met.
(4) Decisions to grant or deny tree removal permits shall be made without
consideration of the existence of this fund or offers of donations of monies
thereto.
Exhibit A 36
(N) Violations of Section 20-4.5
(1) The Planning Division shall charge and collect permit fees and trust fund
contributions. Applications from government agencies for tree removals in
areas dedicated to public use may be exempted from permit fees.
(2) The Planning Division and Building Division shall have the right to inspect
any lands affected by Section 20-4.5 and to issue cease and desist orders and
citations for violations.
(3) Failure to install or maintain landscaping according to the terms of Section
20-4.5 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 trees are not installed or
maintained, according to the terms of Section 20-4.5, shall constitute a
continuing and separate violation of this Code.
(6) Any person, firm or entity violating any provision under Section 20-4.5 shall
be subject to a fine of up to two hundred fifty dollars ($250.00) per day per
tree, pursuant to provisions of this Code and State.
Exhibit A 37
ORDINANCE NO. 26-07-1927
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI
CITY CODE, CREATING SECTION 2.26.12 ENTITLED "GREEN TASK
FORCE," IN ORDER TO CREATE A GREEN BUILDING COMMITTEE
FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the available scientific evidence suggest the existence of
serious and escalating threats to our environment as a result of a continuous increase
in the emission of greenhouse gas; and
WHEREAS, the City of South Miami has a unique opportunity to provide
leadership to develop s.ustainable cOll1ll1unities based on environmental, cultural and
economic policies that protect our natural resources and quality of life through the
Green Task Force; and
WHEREAS, the City of South Miami can demonstrate leadership on
environment issues through the application of land use and zoning district
regulations which encourages efficient use of our natural resources; and
WHEREAS, at the City COll1ll1ission meeting on May 15, 2007, the City
Administration presented a report on Green design initiatives and activities to protect
the quality of life in South Mian1i, which report recoll1ll1ended the establishment of a
Green Task Force; and
WHEREAS, the establishment of a Green Task Force will allow for: study
of and the application of LEED (Leadership in Energy and Environmental Design)
Certification to new Of remodeled city owned buildings; new building construction;
development of a tree master plan; evaluation of local incentives to promote LEED
certification; and develop language to encourage future cOll1ll1ercial and residential
developments to be energy and water efficient.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City of South Miami does hereby establish a Green Task Force.
Section 2: Sec. 2.26.12 of the City of South Miami Code is created to read:
Sec.2.26.12 Green Task Force.
(a) Created. There is hereby created a Green Task Force for the City. The Task
Force shall consist of seven (7) members: Ta@ Ghaifj'l€F!l@_f-tk<lTask F@f@@ sOOR
scrivner's error (see memo) Page 1 of3
Ord. No. 26-07-1927
b@ tM ViM May~r @ftlw City C®mmissi,n.; one (1) member from the Environmental
Review and Preservation Board; one (l) from the Planning Board; one (1) from the
Historic Preservation Board; one (1) local developer; and two (2) residents from the
City of South Miami. Each of the Boards shall recommend from its membership a
representative to the Mayor and Commission to become a member of the Green Task
Force. The Mayor shall appoint the Board's representatives, local developer and two
residents with the consent of the City Commission.
(b) Viee Chair and staff. The City Commission shall select a member of the
Commission to serve as the ¥iee-chak of the Task Force. The City Manager or
designee shall serve as the Executive Secretary to the Task Force.
(c) Appointment and terms of members. Members of the Task Force shall be
appointed by the mayor with advice and consent of the City Commission to two year
terms or until their successor is appointed. The members may serve up to three
consecutive terms. Staggered terms will be implemented with the 2008 Task Force,
and apptoximately half of the Task Force will be elected annually.
(d) Resignation and Vacancies. If a vacancy occurs on the Task Force for any
reason, the mayor shall nominate a replacement for the unexpired portion of the
term.
(e) Attendance. A member missing three (3) consecutive meetings or five (5) non-
consecutive meetings per calendar year will result in removal from the Task Force.
(f) Quorum. A quorum shall be four (4) members. An affirmative vote of the
majority of the members present shall be required to pass upon any matter the
committee recommends.
(g) Duties. The duties of the Task Force shall include, but are not limited to:
(i) Development of goals, criteria and strategies for maximizing green
building design and energy and water efficient construction in the
City of South Miami for future residential and commercial
development consistent with LEED certification standards;
(ii) Coordination of green building issues and policy development with
City departments;
(iii) Support for the integration of green building and energy and water
efficient practices into City departments;
(iv) Coordination of the technical review of the City Tree Master Plan and
participation of the Planning Department in the preparation of
programs and plans that support green design and energy and water
efficient practices as well as cultural and economic policies that
protect our natural resources and quality of life;
Page 2 of3
Ord. No. 26-07-1927
(v) Develop and oversee a green building and energy and water efficient
training program for City departments;
(vi) Develop potential local incentives to promote LEED certification; and
(vii) Develop a Green Building Compliance Guide.
(h) Compensation. Task Force shall not receive compensation for their services.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or ullconstitutional by a court of competent jurisdiction, this
holding shall not affect the validity of the remainillg portions of this ordinance.
Section 5. This ordinance shall be codified and included in the Code of Ordinances.
Section 6. This ordinance shall take effect immediately at the time of its passage.
PASSED AND ADOPTED this 4"11t day of ~ , 2007
ATTEST:
~G...:.n ,~ Jh. ~ ~RK~r
1st Reading: 8/21/07
2nd Reading: 9/4/07
READ AND APPROVED AS TO FORM:
JPI
COMMISSION VOTE: 5-0
Mayor Feliu
Vice Mayor Wiscombe:
Commissioner Palmer:
Yea
Yea
Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
P:\Comm Items\2007\8~21..o7\Green Building Resolution Task Force Revised Ordinance.doc
Page 3 of3
RESOLUTION NO. 23-09-12832
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA ADOPTING A PROPOSED WORK PROGRAM
PREPARED BY THE GREEN TASK FORCE WHICH WILL RESULT IN THE CITY OF
SOUTH MIAMI BECOMING CARBON-NEUTRAL BY 2030; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The City of South Miami sits on the frontline of man-made climate change.
over the next century resulting in escalating greenhouse gas emissions which will threaten to
dramatically increase the earth's temperatures and raise sea levels, making Greater Miami one of
the most vulnerable urban areas in the world. If climate change proceeds unmitigated, living in
South Miami will become extremely difficult, if not impossible.
WHEREAS, at the City Commission Meeting on May 15,2007, the City Administration
presented a report on Green Design initiatives and activities to protect the quality of life in So.uth
Miami, and recommended the establishment of a Green Taskforce. The Green Task Force was
established at the city commission meeting on January 8th 2008; and
WHEREAS, Govemor Charles Christ on July 13, 2007 signed an executive order titled
~'Establishing Climate Change Leadership by Example which requires all Florida agencies to
adopt actions consistent with the proposed HB697; and
WHEREAS, the State of Florida on July 1,2008 adopted HB 697 which updated Florida
State Law Section 163.3177(6)(a-f) which requires local governments to implement policies
that will lead to a reduction in greenhouse gas emissions; and
WHEREAS, the City of South Miami was infonned by the Florida Department of
Community Affairs on August 28, 2008 that the city's Evaluation and Appraisal Report (EAR) is
no longer in compliance with Florida State Law as a result of HB 697, which requires local
govemments to account for greenhouse gases in their EAR Repon, and Comprehensive Plan.
Non Compliance can lead to sanctions by the state of Florida such as a loss of infrastructure funds
and ineligibility for certain state grants; and
WHEREAS, Grey Read made a presentation on behalf of the Green Task Force on
September 2, 2008 to the City Commission recommending the city implement a Green Agenda
with a goal of reducing greenhouse gases and slowing down the rate of wanning in the City of
South Miami; and
WHEREAS, the top Fortune 500 companies have adopted the use of the Global
Reporting Initiative, which accounts for the economic, social and environmental impacts of their
companies. These companies have adopted this accounting method as a means to remain
competitive in the intemational marketplace, bring about irmovation, mitigate financial risk and to
promote sound investment decisions; and
WHEREAS, many municipalities tllfoughout the nation, both large and small, are
reducing global warming pollutants through programs, such as the International Council for
Local Environmental Initiatives' (ICLEI), that provide econQmic and quality of life benefits such
as reduced energy bills, green space preservation, air quality improvements, reduced traffic
Res. No. 23-09-12832
2
congest.ion, improved !ranspoltation choices, and economic development and job creation through
energy conservation and new energy technologies; and
WHEREAS, Horace Feliu, the Mayor of South Miami signed the US Mayors' Climate
Protection Agreement under which South Miami agreed to strive to meet or beat the Kyoto
Protocol targets, t.hrough actions ranging from anti-sprawl land-use policies to nrban forest
restoration projects to public information campaigns.
WHEREAS, the City Commission amended Resolution No. 09-09-12818 by adding a
Section 3. (Attached as Exhibit I), that provides for utilization of the grant administrator and city
lobbyist without first appearing before the Commission.
WHEREAS, since the Green Task Force advises and recommends strategies, policies
and initiatives to the City Commission prior to implementation the use of city resources should be
first approved by the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.
(a) The City of South Miami commits to a Carbon Neutral lnitiative to lead the community by
example and to implement policies to eliminate net emission of carbon dioxide and other
greenhouse gases by the end of2030.
(b) That through pUblic-private pmtnerships, the Carbon Neutrallnitiative shall feature the City
of SOUtil Miami as a key stakeholder in a comprehensive community-wide greenhonse gas
reduction effort, which shall include institutions, businesses, civic organization, and individual
families and residents.
( c) The City of South Mimni and all of its departments mId boards shaH coordinate and implement
the Carbon Neutral Initiative, insofar as funds, voluntary efforts, or other resources become
available, in pmticular, working to paltner with efforts of governments, agencies, institutions and
other appropriate public mld private organizations in our region, and to track the progress and
implementation of the initiative.
Section 2. The City of South Mimni shall progress towards a 2030 Carbon Neutral status by
implementing the initiatives in tile following work plan titled Exhibit A, "Carbon Neutral
Initiative Work Plan."
Section 3. This resolution supersedes Resolution No. 09-09-12818 and shall take effect
immediately upon approval.
PASSED AND ADOPTED this j-tdday of Zeh" 2009.
ATTEST: APPROVED:
Res. No. 23-09-12832
REA
Nagin Gallop Figueredo, PA
Office of City Attorney
ORM:
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Beckman:
Commissioner Palmer:
Commissioner: Newman
W:\My Documents\resolutions\Oreen Task Revised Carbon Neutral Resolution.beasley,doc
5-0
Yea
Yea
Yea
Yea
Yea
TREE CITY USA
Application EXHIBIT A
Mail completed application with requested attachments to your state fOl'ester no later than December 3t.
The TREE CITY USA award is in recognition of work completed by the community during the calendar year.
Please provide information for the year ending.
(Some states require information in addition to the requested on this application. Check with your state foresters.)
As Mayor of the community City of South Miami
(Title -Mayor or other city official)
I herewith make application for this community to he officially recognized and designated as a Tree City USA
for 2011, having achieved the standards set forth by The National Arbor Day Foundation as noted below.
(year)
Standard 1: A Tree Board or Department
List date of establishment of board, board members, and meeting dates for the past year; or name of city department
and manager.
March 16, 2010(see Res. No. 59~lO~13"093); Board members (see
attached list); Board meets once a month
Standard 2: A Community Tree Ordinance
Date ordinance established Apr i 1 21, 1 9 9 8
Attach ordinance.
Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita
Total community forestry expenditures .............. "."" .. " ... "." .................... $ -<.8,-,04-, ... 2.>.OuO'-_______ _
Community population ....................................... " ................. " .. "......... -=11-'1'1" .. 9>19;,'71---------
Attach annual work plan outlining the work carried out during the past year. Attach brcakdovm of cornmunityforestry expenditures.
Standard 4: An Arbor Day Observance and Proclamation
Date observance was held Apr i 1 29 , 2 ° 1 1
Attach progra of activities and/or news coverage. Attach Arbor Day proclamation.
Mayor
Title
Please type or print the following:
Mayor or equivalent: City Forestry Contact:
Date
Name: Phi J i p K Stoddard, ph D
Title: Mayor
Name: __________________ ___
Title: ________________ _
Address: 6130 Sunset Drive Address: _______________ ___
C 't St t Z· . S_o_u_· _t_h ___ Mc-i_a,-m_l-,-'"-, _F_L __ 3,--3,--1 ___ 4,-3 __ 1 y, a e, lp. City, State, Zip: ______________ _
Phone#: 305-663-6340 Phone #: __________________ _
Email: mayorstoddard@gmaj 1 Gom Email:
NOTE: Application will not be processed without attachments.
Certification
(To Be Completed By The State Forester)
(Community)
The above named t'Ommunity bas made formal application to this office. I am pleased to advise you that we reviewed
the application and have concluded that, based on the information contained herein, said community is eligible
to be recognized and designated as a Tree City USA, for the calendar year, having in my opinion met
the four standards of achievement in urban forestry.
Signed
State Forester Date
Person in State Forester's Office who should receive recognition material:
Name: __ "_""" __ .. _""" _____ """" ___ " ______ "_. __ " __ . ___ " ___ " __ ""_""_" ___ . UPS Address:""" __ "." ___ "_"""" ___ " __ ""._"_"" __ " _______ " ______ ""
Title: City, State, Zip:
Agency:_ ____ ________ PH #: _______ Email:
Tree City USA application for the City of South Miami, Florida
Standard 1: A Tree Board or Department
The City of South Miami has an Urban Landscape Committee, established by the Mayor in 2010,
with the mandate to increase canopy cover in the City of South Miami. The Committee is made
up of seven city residents, who volunteer their time on the Committee. The Committee is
chaired by Scott Zona, Ph.D. (Botany) and includes three professional horticulturists, an
ecologist, and two avid gardeners. The Committee meets once every month. The City's
Arborist, Mr. Dough Baker, attends all meetings. The City's Arborist is a member of the
International Society of Arborists and the Society of Municipal Arborist; he is also a member of
the Florida Urban Forestry Commission
Standard 2: A Community Tree Ordinance
Date ordinance established: April 21, 1998
See attached Appendix A.
Standard 3: A Community Forestry Program with an Annual Buget of at Least $2 Per
Capita
Total community forestry expenditures: tree planting ($13,000) and operating budget ($67,200)
for nrban parks: $80,200
Commnnity population: 11,657
Annual Work Plan:
The Parks Maintenance division is made up of six members and is headed the City Arborist.
Two staff members are athletic field specialist, and the remaining crew maintains 62 acres of city
parks, including some which have massive amounts of tree canopy. All staff members are
extensively trained in Best Management Practices and OSHA compliance. Annual tasks include
planting trees on city properties (ca. 60 trees were planted in 20 II) and pruning trees (200 trees
prnned in 2011). The Arborist also notes code violations and imposes fines and mitigations.
Storm-or hurricane-damaged trees are examined by the City Arborist, who determines if and
how trees can be saved. The Arborist is the City's liaison with the community (Urban
Landscape Committee).
Standard 4: An Arbor Day Observance and Proclamation
Date observance was held: April 29, 2011
Program of activities: See attached Appendix B
Arbor Day Proclamation: See attached Appendix C.
STANDARD 1
RESOLUTlONNO. 59-10-13093
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, relating to boards and committees; creating a
Citizens Advisory Group on Urban Landscape; which group will be
charged with working with City staff to create and implement a
landscape and tree-planting plan for streets and City property;
appointing group members; providing an effective date.
STANDARD!
WHEREAS, pursuant to Article II section 8 of the charter, as amended on
February 9, 2010, when a board or committee is comprised of five (5) members, each
City Commissioner shall appoint one person to serve as a representative on the board or
committee; and,
WHEREAS, when there are· more than five (5) members on a board or
committee, each City Commissioner shall appoint one person to serve as a representative
on the board or committee, and all members of such board or committee in excess of five
(5) shall be appointed by three (3) affirmative votes of the City Commission based on
recommendations submitted by allY City Commissioner; and
WHEREAS, when a board or committee has less than five (5) members, then the
selection of all members shall be by three (3) affirmative votes of the City Commission
from recommendations submitted by any City Commissioner; and
WHEREAS, reappointments and/or replacements are to be made in the identical
manner as the original appointments; and
WHEREAS, the Mayor and City Commission, following the recommendation of
the Green Task Force, wish to create a Citizens Advisory Group on Urban Landscape that
will be charged with working with city staff to create and implement a landscape and
tree-planting plan for streets and city property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS
FOLLOWS:
Section 1. The City Commission hereby creates the Citizens Advisory Group
on Urban Landscape. The group shall consist of seven (7) members: five (5) members
will be appointed for a term of one year, and two (2) members will be appointed for a
term of two years; all successor members shall be appointed for two-year terms. The
group shall be charged with working with City staff to create a landscape and tree-
planting plan for streets and City property.
Section 2. . The group members shall serve without compensation; provided,
however, the City will reimburse expenses incurred.
Additions shown by underlining and deletions shown by ovcfStrildag.
STANDARD 1
Res. no. 59-10-13093
Section 3. Meetings of the Citizens Advisory Group shall be subject to the
Florida Sunshine laws, including the public meeting law and the public records law. All
meetings of the group shall be advertised in a conspicuous place at City Hall and open to
the public.
Section 4. This resolution shall take effect immediately upon approval.
PASSED and ADOPTED this12-day of M"'a"'r'-'c"'h'--'_---', 2010.
ATTEST:
READ AND APPROVED AS TO FORM
AND SUFFG ENCY:
CITY ATTORNEY
APPROVED:
COMMISSION VOTE: 4-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley; absent
Commissioner Harris: Yea
W:'lM.y Documcnts\resolutions\Resolution creating citizens advisory group.stoddard.doc
Page 2 of2
CITIZENS ADVISORY GROUP
URBAN LANDSCAPE
STANDARD 1
COMPOSITION: Created by Resolution No. 59-10-13092, adopted 3/16/10. The
"Group" shall consist of 7 members: five (5) members will be appointed for a
term of one year, and two (2) members wEI be appointed for a term of two
years; all successor members shall be appointed for two-year terms. The group
shall be charged with working with City staff to create a landscape and tree-
planting plan for streets and City property. (Meets 2 nd Wednesday of the month)
NAME:
Penny McCrea
(COW)
James Adt
Suzanne Koptur
Scott Zona
Debra DeMarco
Martha Kent
Page 9 of 34
ADDRESS: EXPIRATION DATE
6200 SW 63 rd Ct
South Miami, Fl 33143
(305) 984-2901 (h)
pennymccrea@yahoo.com
6721 SW 64 th Ave
South Miami, Fl 33143
(305) 662-9137 (h)
(305) 338-1715 (b)
jadtl@earthlink.net
7641 SW 65 th PI
South Miami, Fl 33143
(305) 666-9588 (h)
(305) 348-3103 (b) 1986 (f)
kopturs@fiu.edu
6111 Twin Lakes Dr.
South Miami, Fl 33143
(305) 667-5522 (h)
(305) 348-1247 (b) 1986 (f)
zonas fiu.edu
6790 SW 74th St
South Miami, Fl 33143
(305) 663-0993 (h)
4/18/12
4/18/12
5/03/12
5/03/12
5/17/12
(305) 710-8848 (b) 665-1170 (f)
ddmhort@aol.com
7630 SW 60 th Ave
South Miami, Fl 33143
(305) 667-3197 (h)
(305) 663-8084 (b)
Martha.kent@att.net
5/17 /12
BOARD & COMMITTEE DIRECTORY
REVISED: 8111
CITIZENS ADVISORY GROUP
URBAN LANDSCAPE
(CONT'D)
STANDARD 1
NAME: ADDRESS: EXPIRATION DATE
Jason Lopez
(Harris)
Page 10 of 34
7730SW 65 th P1
South Miami, FL 33143
(305) 926-6604 (h)
(305) 663-8087 (f)
1ychee1ove@yahoo.com
BOARD & COMMITTEE DIRECTORY
REVISED: 8111
6/07/12
STANDARD 2
APPENDIX A
20-4.5 -Landscaping and Tree Protection Requirements for All Zoning Districts.
(A)
Definition of Terms for Section 20-4.5 Only. In constructing the provisions of Section 20-4.5, where the context will permit and no
definition is provided in Section 20-4.5 or in Section 20-2.3 of the Land Development Code of the City of South Miami, then the
definitions provided in Chapter 24 and Chapter 33 of the Code of Metropolitan Dade County, Florida, and Chapter 403, Florida
Statutes, as may be amended from time to time, and in rules and regulations promulgated thereunder, as may be amended from
time to time, which relate to Section 20-4.5, shall apply to Section 20-4.5 only, except as otherwise changed by the definition
included in this subsection (A) as follows:
Accessways shall mean the maximum width of an accessway through the perimeter landscaped stnp to an off-street parking or
other vehicular use area shall be determined according to the Public Works Manual, Part I, Standard Details. No more than one (1)
two-way accessway shall be permitted for any street frontage up to one hundred (100) lineal feet, such standards to be applicable to
any property under one (1) ownership. Where such ownership involves over one hundred (100) feet of street frontage, one (1)
additional two-way or two (2) additional one-way drives may be permitted for each additional one hundred (100) feet of frontage or
major fraction thereof. The balance of such street frontage not involved with accessways shall be landscaped in accordance with the
provisions of Section 20-4.5.
Affected tree shall mean any tree which shall be, or already has been, removed, relocated, or effectively destroyed, thereby
requiring a tree permit pursuant to Section 20-4.5.
Automatic irrigation system shall mean an irrigation system with a programmable controller or timing mechanism.
Bona fide agricultural activities shall mean land used for the growing of food crops, nurseries for the growing of landscape
matenal, the raising of livestock, horse farms, and other good faith agncultural uses, except any portion of the property not eligible for
agricultural exemption.
Bona fide agricultural purposes shall mean good faith commercial or domestic agricultural use of the land. In determining
whether the use of the land for agricultural purposes is bona fide, the following factors set forth in Section 193.461, Flonda Statutes
(and as amended from time to time), though nonexclusive, shall be taken into consideration:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
The length of time the land has been so utilized;
Whether the use has been continuous;
The purchase price paid;
Size, as it relates to specific agricultural use;
Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted
commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other
accepted agricultural practices;
Whether such land is under lease and, if so, the effective date, length, terms, and conditions of the lease; and
Such other factors as may from time to time become applicable.
Bona fide fruit grove shall mean a grove of fruit trees specifically planted to produce edible fruit for commercial purposes or
personal consumption byowner(s).
Botanical garden shall mean any publicly owned real property used for the cultivation of plants for display or scientific research.
Buffer or perimeter landscape shall mean an area of land which is set aside along the perimeter of a parcel of land in which
landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse
environmental impact, and incompatible land use impacts.
Caliper shall mean for trees under four (4) inches in diameter, the trunk diameter measured at a height of six inches above
natural grade. For trees four (4) inches and greater in diameter, the trunk diameter measured at twelve (12) inches above natural
grade.
Canopy shall mean those trees which constitute the tallest layer of foliage.
Canopy cover shall mean the aerial extent of the branches and foliage of a tree.
Canopy coverage shall mean the extent of ground within the drip line of a tree.
Clearance pruning shall mean pruning required to avoid damage or danger related to structures, power distribution and
property, as defined in the current ANSI 300 Standards.
Colonnade shall mean a roof or building structure, extending over the Sidewalk, open to the street and sidewalk, except for
supporting columns or piers.
Common open space shall mean an area required as open space in this section or other sections of the Land Development
Code olthe 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 ability to invade proximal native plant communities or native habitats, but which, if located and cultivated properly, may
be useful or functional as elements of landscape design.
Dade County Nursery Report shall mean a monthly, published bulletin listing availability of trees, prices of trees, and stock of
many major nurseries in Dade County which is prepared by the Florida Nursery, Growers and Landscape Association.
Developed land shall mean land upon which structures or facilities have been constructed.
Development shall mean any proposed activity or material change in the use or character of land, including, but not limited to,
the placement of any structure, utility, fill, or site improvement on land, and any act which requires a building permit.
Diameter at Breast Height (DBH) shall mean diameter of a tree's trunk measured at a point four and one-half (4 ") feet above
natural grade. In the case of multiple-trunked trees, the DHB shall mean the sum of each trunk's diameter measured at a height four
and one-half (4 ') feet above natural grade,
Differential operation schedule shall mean a method of scheduling an irrigation system to apply different quantities of water,
andlor apply water at different frequencies as appropriate, for different hydrozones.
Dissimilar land uses shall mean proximate or directly associated land uses which are contradictory, incongruous or discordant,
such as high-density residential, intensive commercial or industrial uses located adjacent to low-intensity uses.
Dominance shall mean the species or group of species having the largest total number of individuals in the canopy andlor
understory within a defined area.
Drip line shall mean an imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the
ground.
Dwelling, single-family shall mean a residential structure which is designed for, or occupied by, one (1) "family", as defined
under Section 20-2,3, Definitions,
Duplex dwelling shall mean a residential building designed for, or used as, the separate homes or residences of two (2) separate
and distinct families, but having the appearance of a single-family dwelling house, Each individual unit in the duplex shall comply with
the definition for a one "dwelling, single-family".
Energy conversation zone shall mean a zone located no more than twenty-two (22) feet from a structure in a 180 degree band
from due east of the northeast point of the structure, to due south, to due west olthe northwest point of the structure.
Environmentally-sensitive tree resources shall mean a specimen tree, natural forest community, or any other tree or trees that
substantially contribute(s) to the aesthetics of an area, which are not exempted from these permit requirements,
Existing development shall mean a site with structures that were legally approved through the issuance of a Certificate of Use
and Occupancy or a Certificate of Completion as of February 13, 1996.
Facultative shall mean plants with a 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 in a forest which has been created to prevent
the spreading of wild fires.
Florida Number 1 Grade or equivalent shall mean the classification of the quality of a nursery plant as published in Grades and
Standards for Nursery Plants, Part II, Fla. Dept. of Agriculture and Consumer Services, 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 to maintain and preserve
an individual natural forest community.
Geologic feature shall mean a natural rock or mineral formation,
Gray water shall mean that portion of domestic sewage emanating from residential showers, residential bathroom washbasins,
or residential clothes washing machines.
Ground cover shall mean a dense, extensive growth of low-growing plants, other than turf grass, normally reaching an average
maximum height of not more than twenty-four (24) inches at maturity,
Hat-raCking or Topping shall mean flat-cutting the top of a tree, severing the leader or leaders, or the removal of any branch
three (3) inches or greater in diameter at any point other than the branch collar.
Hazard pruning shall mean the removal of dead, diseased, decayed or obviously weak branches two (2) inches in diameter or
greater.
Heat island shall mean an unnaturally high temperature micro-climate resulting from radiation from unshaded impervious
surfaces.
Hedge shall mean a landscape barrier consisting of a continuous, dense planting of shrubs, not necessarily of the same
species.
Herbaceous plant shall mean a plant having little or no woody tissue.
Highway shall mean any public thoroughfare, including streets, designed for motor vehicles.
Hydramulch shall mean a sprayed application of seed, mulch and water.
Hydrazone shall mean a zone in which plant material with similar water needs are grouped together.
Included bark shall mean bark that is pushed inside a developing crotch, causing a 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 in a
healthy and vigorous condition.
Landscape feature trellis, arbor, fountain, pond, garden, SCUlpture, garden lighting, decking, patio, decorative paving, gazebo
and other similar elements.
Landscape 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 a plan indicating all landscape areas, stormwater retention/detention areas, areas which qualify to
be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend,
landscape features, planting specifications, and detailS, and all other relevant information required in Section 20-4.5.
Landscape replacement plan shall mean a drawing containing proposed tree removal, tree replacement planting, tree
relocation, and preservation areas.
Lawn area shall mean an area planted with lawn grasses.
Manual irrigation system shall mean an irrigation system in which control valves and switches are manually operated rather than
operated by automatic controls.
Mixed use shall mean the approved use or occupancy of buildings or parcels for both residential and nonresidential purposes in
the same development or project.
Moisture and rain sensor switch shall mean a-devices with the ability to switch off an automatic irrigation controller after
receiving a determined amount of rainfall or moisture content in the soil.
Mulch shall mean non-living organic materials customarily used in landscape design to retard erosion, weed infestation, and
retain moisture, and for use in planting areas.
Multifamily residential development shall mean an approved residential dwelling, building or structure(s) designed to be
occupied by three (3) or more families.
Multiple single-family developments shall mean attached or detached single-family residential developments that are planned
as a total project and not as one single-family unit on one parcel, such as in Planned Unit Development projects.
Native habitat shall mean an area enhanced or landscaped with an appropriate mix of native trees, shrubs and ground cover
species that resembles a native plant community or natural forest community in structure and composition or is naturally occurring.
Native plant species shall mean a plant species with a geographic distribution indigenous to all or part of Dade County. Plants
which are described as being native to Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by
Long and Lakela and "The Biology ofTrees Native to Tropical Florida" by P. B. Tomlinson, are native plant species within the meaning
of this definition. Plant species which have been introduced into Dade County by man are not native plant species.
Native plant community shall mean a natural 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 prior to the placement of any fill on the site.
Natural Forest Community shall mean all assemblages of vegetation designated as Natural Forest Communities on the Dade
County Natural Forest Community Maps and approved by the Board of County Commissioners, pursuant to Resolution No. R-1764-84
and further defined in Section 24-3 of the Dade County Code.
Net lot area shall mean the area within lot boundaries of all lands comprising the site. Net lot area shall not include any portion of
the abutting dedicated streets, alleys, waterways, canals, lakes or any other such dedications.
Nonviable shall mean not capable of existing and continuing to provide biological or aesthetic qualities associated with a
healthy, functioning tree resource.
One family dwelling shall mean a private residential building used or intended to be used as a home or residence in which all
living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all
appliances for sanitation, cooking, ventilation, heating or lighting are designed for the use of one family only.
Owner-builder shall mean (an) owner(s) in fee who construct(s) no more than one (1) single-family or duplex residence per year
for personal use and occupancy by said owner(s), and not intended for sale.
Overhead irrigation system shall mean a high pressure, high volume irrigation system.
Perimeter landscape or Buffer shall mean an area of land which is set aside along the perimeter of a parcel of land in which
landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse
environmental impact, and incompatible land use impacts.
Planting detail shall mean a graphic representation of the plant installation depicting the materials to be used and dimensions to
be met in the placement of plants and other landscape materials.
Preservation area shall mean portions of a site that are to be protected from any tree or understory removal (except as required
by the City of South Miami) and maintained without any development.
Prohibited plant species shall mean those plant species listed in the Landscape Manual which are demonstrably detrimental to
native plants, native wildlife, ecosystems, or human health, safety, and welfare.
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).
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 perennial plant of low to medium height, normally growing to a height of twenty-four
(24) inches or greater, characterized by multiple stems and branches continuous from the base.
Site plan shall mean a scaled, comprehensive drawing or set of drawings, which indicates site elevations, roadways,
rights-of-way, setbacks, easements and the location of all site improvements, including proposed and existing buildings, all structures,
parking areas, driveways, access roads, other paved areas, ingress and egress drives, landscaped open space, signage and any other
site development.
Specimen tree shall mean a tree with any individual trunk which has a DBH of eighteen (18) inches or greater, provided,
however, that the following trees are not specimen trees:
(1 )
(2)
(3)
(4)
All trees listed in Section 20-4.5(H)(5);
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;
Non-native species of the genus Ficus;
All multitrunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix reclinata which have a minimum height
of fifteen (15) feet.
Spray head shall mean an irrigation device which applies water to the soil or plant surface by fixed spray or mist nozzles.
Stabilized lawn area shall mean area of ground underlain with structural support in the form of grass pavers or stabilized soil
prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks, and garbage trucks.
State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund established under Florida Statutes Chapter
375 (as amended from time to time) for the purposes of purchasing environmentally-sensitive land.
State-Approved plant nursery shall mean a business actively engaged in propagating, growing, maintaining, and selling tree
species that has been licensed to conduct such business by the State of Florida or by 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 within a one (1) year period, of more than one-third of a 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 or fibrous perennial plant with a trunk having a minimum OBH of three (3) inches or with an overall
height of twelve (12) or more feet. Tree shall not include any mangrove trees as defined in Section 24-3 (77) of the Code of
Metropolitan Dade County, Florida.
Tree abuse shall include:
(1 )
(2)
(3)
(4)
Damage inflicted upon any part of a tree, including the root system, by machinery, construction equipment, cambium
layer penetration, storage of materials, soil compaction, excavation, chemical application or spillage, or change to the
natural grade.
Hatracking.
Girdling or bark removal or more than one-third (1/3) of the tree diameter.
Tears and splitting of limb ends or peeling and stripping or bark resulting from improper pruning techniques not in
accordance with the current ANSI A300 Standards.
Tree canopy cover (see canopy cover)
Tree removal shall mean directly or indirectly cutting down, destroying, removing or relocating, or effectively destroying (through
damaging, trimming, authorizing or allowing cutting down, destroying, removing, moving or damaging of] any tree.
Tree Well shall mean a soil retaining structure designed to maintain the existing natural ground elevation beneath a tree to
preserve the tree when the surrounding area is filled to raise the ground elevation. Tree wells shall have a minimum radius ofthree (3)
feet from the trunk of the tree and a maximum radius of ten (10) feetfrom the trunk of the tree.
Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant species that are typically associated
with a natural forest community, native plant community, or native habitat.
Vegetation required to be preserved by law shall mean the portions of a site, including but not limited to, Specimen Trees,
Natural Forest Communities, and native vegetation which are clearly delineated on site plans, plats, or recorded restrictions, or in some
other legally binding manner, that are to be protected from any tree or understory removal or effective destruction and maintained
without any development.
Vegetation survey 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 a hard surface area designed or used for off-street parking andlor an area used for loading,
circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles.
(8)
Vine shall mean a plant with a flexible stem which normally requires support to reach mature form.
Landscaping Requirements Applicability Section 20-4.5 shall apply to all public and private development when a permit is
required, except for the following:
(1 )
(2)
(3)
(4)
Existing attached and detached single-family and duplex dwellings, including any future additions or expansions shall be
exempt from the provisions of Section 20-4.5.
Bona fide agricultural activities: Any property receiving an agricultural classification and assessment pursuant to Section
193.461 of the Florida Statutes, substantiated by a plan submitted indicating the area with the agricultural classification.
Existing development as defined in § 20-4.5(A) shall only be required to comply with the street tree requirements of §
20-4.5(0)(3); however, the requirements of § 20-4.5(0)(3) shall not apply to existing attached and detached single-family
and duplex dwellings, per § 20-4.5(A)(1) above.
Parking lot buffer will not be required if inadequate area exists which will cause the elimination of any required parking
pursuant to this code.
The provisions of Section 20-4.5 shall only apply where a building permit is required for external alterations or where a paving
permit is required for expansion of parking areas. Routine maintenance such as re-roofing and painting shall not be considered
external alterations for Section 20-4.5 requirements; however, re-roofing and painting is considered an external alteration under other
provisions of this Code and may require the approval of the ERPS andlor a permit.
(C)
Landscape Requirements Submittals. All submitted landscape plans, irrigation plans, tree surveys and other required submittals
must meet with the approval of Planning Division, prior to issuance of permits for paving, new parking areas, or expansion of
existing parking areas.
(1 )
Landscape Plans.
(a)
(b)
Owner-builder Single Family or Duplex Dwelling: Landscape plans submitted for new one family or duplex
dwellings may be in the form of plot plans or drawings prepared by the owner or the owner's representative,
provided however, developments requiring site plan review shall meet with the requirements of the section below
and with Chapter 481, Florida Statutes.
All Other Development: Landscape plans for development other than provided for under (a) above, shall be
prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons
authorized to prepare landscape plans or drawings under Chapter 481, Florida Statutes. Preliminary landscape
plans shall be provided as part of the submission for site plan approval. Such plans shall:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
Be drawn to scale with dimensions and include property boundaries, north arrow, graphic scale, and date;
Include a vegetation survey, including an aerial photograph which outlines the subject site, provided at the
same scale as landscape plan(s);
Delineate existing and proposed structures, parking spaces, and other vehicular use areas, sidewalks,
utilities, easements, height and voltage of power lines on the property or adjacent properties;
Indicate the common and scientific name and quantity of plants to be installed using "Landscape Legend"
code format as prescribed by the Miami-Dade County Director of the Department of Planning, Development
and Regulation, in accordance with the requirements of Section 20-4.5;
Identify all landscape features and non-living landscape materials;
Show all areas of vegetation required to be preserved by law, including but not limited to trees, specimen
trees, native plant species, natural forest communities, native habitats and wetlands;
Illustrate geologic, historic and archeological features to be preserved;
Depict stormwater retention/detention areas and areas excluded from maximum permitted lawn area;
Document zoning district, net lot area, required open space, and maximum permitted lawn area;
Show building coverage and the location and dimension of greenbelt and water areas proposed for
business and industrial zones, as required in the Land Development Code;
Complete "Preparer's Certification of Landscape Compliance. "Final landscape plans submitted for permit
shall include all of the above, as well as the following:
A fully completed, permanently affixed "Landscape Legend" as prescribed by the Director of the
Department of Planning, Development and Regulation;
Critical layout dimensions for trees, plant beds and landscape features;
Method(s) to protect and relocate trees and native plant communities during construction;
Planting details and specifications;
Irrigation plans, as may be required by the zoning district;
(0)
(2)
(3)
Irrigation details and specifications, as required above; and,
xvi.
Notarized "Preparer's Certification of Landscape Compliance" at time of final inspection.
Vegetation Survey.
(a)
A vegetation survey, as defined in § 20-4.5(A), shall be provided for all sites at the same scale as the landscape
plan. The vegetation survey shall be accompanied by an aerial photograph which outlines the subject site without
obscuring its features. The vegetation survey shall provide the following infonmation:
i.
ii.
iii.
The accurate location and graphic representation, in relation to existing development of all existing trees of
a minimum two (2) inch DBH or ten (10) foot height, or for native trees, of a minimum one and one-half (1 .)
DBH or eight (8) foot height, including those which are proposed to be removed, relocated or preserved on
site in accordance with the requirements of this section;
The boundaries of any native habitat, native plant community, native plant species, andfor Natural Forest
Community and associated understory that exists on site, as determined by the Miami-Dade County
Department of Environmental Resources Management [DERMJ; and,
A table showing the following information:
a.
b.
c.
The scientific and common name of each tree, each of which shall be numbered;
The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH for all
trunks; and,
An estimate of the height, canopy cover, and physical condition of each tree, and whether specimen
tree(s) exist on the site.
Irrigation Plans. Irrigation plans shall be submitted, whenever a landscape plan is required.
(a)
(b)
For a new one family or duplex dwelling, the irrigation plan may be indicated on a plot plan or a separate drawing
prepared by the owner or the owner's agent indicating area(s) to be irrigated, location and specifications of lines
and heads, and pump specifications.
All Other Development: Irrigation plans shall be submitted with the initial, master building plans. Such plans shall:
i.
ii.
iii.
iv.
v.
vi.
Be drawn on a base plan to same scale as landscape plans(s);
Delineate landscape areas, major landscape features and plant material zones (hydrozones), if applicable;
Delineate existing and proposed structures, parking areas or other vehicular use areas, access aisles,
sidewalks, driveways, the location of utilities and easements, and similar features;
Include water source, design operating pressure and How rate per zone, total volume required for typical
depths of application, and application rate; and,
Include locations of pipes, controllers, valves, sprinklers, back How prevention devices, and electrical
supply.
Irrigation details.
Landscape Requirements County. The following standards shall be considered the minimum requirements unless otherwise
indicated:
(1 )
Lawn area (turf).
(a)
(b)
For all residential and mixed uses, lawn area shall be limited to a maximum of sixty (60) percent of the required
landscaped open space, as required in Section 20-3.5. In residential zoning districts where landscaped open
space is not specified, lawn area shall be restricted to a maximum of fifty (50) percent of the net lot area.
For all office, commercial, and industrial uses, lawn area shall be limited to a maximum of twenty (20) percent of
the required landscaped open space, as required in Section 20-3.5. Where landscape open space is not specified,
(2)
(3)
(c)
(d)
lawn area shall be restricted to a maximum of twenty (20) percent of the net lot area less the area covered by
buildings. Very drought tolerant grasses and low growing native plant species, including grasses and forbs, as
referenced in the Landscape Manual, may be used as groundcover beyond the maximum permitted grass area.
Grass areas shall be planted in species well adopted to localized growing conditions in Dade County. Grass areas
may be sodded, plugged, sprigged, hydromulched, or seeded, except that solid sod shall be used in swales or
other areas subject to erosion. In areas where other than solid sold or grass seed is used, over-seeding shall be
sown for immediate effect and protection until coverage is otherwise achieved.
Exclusions from maximum pennitted lawn areas:
i.
it
iii.
iv.
Stabilized grass areas used for parking;
Grassed areas designated on landscape plans and actively used for sports, playgrounds or picnic areas;
Grassed areas in the right-of-way; and,
Stormwater retention/detention areas planted in grasses which are very drought tolerant, as referenced in
the Landscape Manual, as well as tolerant to wet soils.
Irrigation.
(a)
(b)
(c)
(d)
(e)
(f)
(9)
(h)
(i)
All newly-planted and relocated plant material shall be watered by temporary or permanent irrigation systems until
such time as they are established.
Irrigation shall be prohibited within native plant communities and natural forest communities, except for temporary
systems needed to establish newly planted material. Temporary irrigation systems shall be disconnected
immediately after the establishment of plant communities.
Irrigation systems shall be designed to conserve water by allowing differential operation schedules based on
hydrozone.
Irrigation systems shall be designed, operated, and maintained to not overthrow or overflow on-to impervious
surfaces.
Low trajectory spray heads, and/or low volume water distributing or application devices, shall be used. Overhead
irrigation systems shall only be permitted in bonafide agricultural activity areas.
Gray water shall be used where approved systems are available.
During dry periods, irrigation application rates of between one (1) and one and one-half (1 'J inches per week are
recommended for turf areas.
A moisture or rain sensor device shall be required on all irrigation systems equipped with automatic controls.
Irrigation systems shall be timed to operate only during hours and on days permitted in Chapter 32, Code of
Miami-Dade County.
If an irrigation system is not provided, a hose bib shall be provided within seventy-five (75) feet of any landscape
area.
Street trees.
(a)
(b)
Size and spacing. Street trees shall be of a species selected from the Recommended Trees & Shrubs for South
Miami which normally mature to a height of at least twenty (20) feel. Streettrees shall have a clear trunk ollour (4)
feet, an overall height of twelve (12) feet and a minimum caliper of two (2) inches at time of planting, and shall be
provided along all roadways at a maximum average spacing ofthirty-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
(4) feet of the edge ofthe roadway. Street trees shall be placed within the swale area or shall be placed on private
property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works
Department or the appropriate authority within the municipality.
The thirty-five (35) foot average spacing requirement for multiple single-family units shall be based on the total
lineal footage of roadway for entire projects and not based on individual lot widths.
(4)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(k)
Power lines. Where the height and location of overhead power lines require the planting of low growing trees,
street trees shall have a minimum height of eight (8) feet, a minimum caliper of one and one-half (1 ") inches at
time of planting, and shall meet the following requirements:
I.
ii.
iii.
iv.
Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk trees or tree/shrubs, as
referenced in the Landscape Manual, cleared of foliage to a height of four (4) feet.
A maximum average spacing of twenty-five (25) feet on center.
Maturing to a height and spread not encroaching within five (5) feet of overhead power distribution lines.
Under high voltage (50kV and above) transmission lines installed independent of underbuilt distribution
lines, tree height and spread shall not exceed the minimum approach distances specified in the current
ANSI (American National Standards Institute) Z133.1 Standards, as referenced in the Landscape Manual.
Palms. Palms which meet all of the following requirements shall count as a required 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 reet (25) feet on center.
iii.
Fourteen (14) foot minimum overall height or minimum caliper of four (4) inches at time of planting.
It is provided however that queen palms (Syagrus romanzoffiana) shall not be allowed as street trees. No more
than thirty (30) percent of the minimum tree requirements may be met by palms.
Thirty (30) percent of the required trees and/or palms shall be native species.
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 requirements, 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 requirements.
When trees are planted within the right-of-way, the owners of land adjacent to the areas where street trees are
planted must maintain those areas, including the trees, plants and sod, using pruning methods specified in this
section. A covenant executed by those owners is required, or a Special Taxing District must be created to maintain
these areas. Where the State, County, or municipality determines that the planting of trees and other landscape
material is not appropriate in the public right-of-way, they may require that said trees and landscape material be
placed on private property.
Where trees are planted on private property, they shall be placed within seven (7) feet of the edge olthe 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.
Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as
clogged sewers, cracked sidewalks, and power service interruptions.
Street trees are not required when a colonnade open to the public is located within four (4) feet of the edge of the
roadway.
Street trees in the Hometown District overlay shall be located per the street tree requirements set forth under
Section 20-7.
Shading Requirements for Structures, AlC Units and Generators. Trees shall be planted to provide shade to residential
structures that are thirty-five (35) feet in height or less. At least two required lot trees shall be positioned in the energy
conservation zone as defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof,
shall be shaded by trees and/or shrubs, as referenced in the Landscape Manual. Permanently installed back-up
generators shall be screened by hedges from the following list:
Podocarpus macrophyllus
Chrysoba/anus icaco (South Florida native species)
Carissa macrocarpa
Eugenia rhombea (South Florida native species)
Viburnum awabuki
Ligustrum lucidum
(5)
Clusia rosea (South Florida native species)
Rhapis exce/sa
Chamaedorea seifrizji
Megaskepasma erythrochlamys.
Site Trees. Tree removal permits or natural forest community vegetation removal permits are required prior to removal of
trees, specimen trees, or any vegetation in a natural forest community, respectively, pursuant to § 20-4.5(H)-(L).
(a)
(b)
Tree size: All trees, except street trees, and trees located beneath power lines shall be a minimum often (10) feet
high and have a minimum caliper of two (2) inches at time of planting except that thirty (30) percent of the tree
requirement may be met by native species with a minimum height of eight (8) feet and a minimum caliper of one
and one-half (n inches at time of planting.
Minimum number of trees: The minimum number of trees required under Section 20-4.5 for landscape plan
submittals shall be as follows:
Zoning Districts (and proposed districts)
RS-1, RS-2
No. of Trees Required per Net Acre or Lot
9 trees per acre of net lot area
RS-3, RS-4 3 per lot
RT-6, RT-9, RM-18, RM-24, RO, LO, MO
NR, SR, GR, PI, H, Mixed Use, TODD, eRO
I (Intensive)
28 trees per acre of net lot area
22 trees per acre of net lot area
15 trees per net acre of lot area
(6)
(7)
(c)
(d)
(e)
(f)
(9)
(h)
(i)
(j)
Existing trees on site required to be preserved by law and that meet the size requirements in (a) above may be
counted toward fulfilling the minimum tree requirements.
In addition to the number of trees indicated in Table A, additional trees (street trees) may be required as provided
in the previous sub-section, entitled Street Trees.
Grassed areas to be used for organized sports as football, soccer or other similar sports or playgrounds, that are
clearly identified on landscape plans shall not be counted toward calculating tree reqUirements.
Palms of a ten (10) foot minimum overall height or minimum caliper of three (3) inches at time of planting shall
count as a required tree on the basis of two (2) palms per tree, except as provided herein for palms used as street
trees. No more than thirty (30) percent of the minimum tree requirements may be met by palms.
Prohibited and controlled tree species shall not be counted toward fulfilling the minimum tree requirements.
Prohibited trees shall be removed from the site.
Thirty (30) percent of the required trees and/or palms shall be native species.
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 reqUirements, 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 requirements.
Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as
clogged sewers, cracked Sidewalks, and power service interruptions.
Shrubs and Hedges minimum standards for size, number and variety.
(a)
(b)
(e)
(d)
Shrubs shall be provided at a ratio of ten (10) per required tree. All shrubs shall be minimum of eighteen (18)
inches in height when measured immediately after planting.
When used as a visual screen, buffer, or hedge, shrubs shall be planted, as required under §20-4.5(D) and
§20-4.5(E), at a maximum spacing of thirty (30) inches on-center, or if planted at a minimum height of thirty-six
(36) inches, shall have a maximum, average spacing of forty-eight (48) inches on-center and shall be maintained
so as to form a continuous, unbroken, and solid visual screen within a maximum of one year after time of planting.
Shrubs and hedges shall not be necessarily of the same species.
Thirty (30) percent of shrubs and hedges shall be native species.
(8)
(9)
(10)
(11 )
(12)
(13)
(14)
Vines minimum standards for size and uses. Vines shall be a minimum of twelve (12) inches in length immediately after
planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as
specified. Planting of perimeter walls with vines is recommended as a deterrent to painting of graffiti.
Ground Covers minimum standards survival and hedge replacement Ground cover plants used in lieu of grass, in whole
or in part, shall be planted in such a manner as to present a finished appearance and reasonable complete coverage
within one (1) year after planting.
Mulch minimum standards for depth and required use.
(a)
(b)
(e)
Weed-free mulch shall be applied and maintained in a minimum three (3) inch layer under and around all trees and
shrubs, and in a minimum two (2) inch layer under and around all ground cover.
The use of mulch shall be restricted to planting areas.
Cypress mulch shall not be used because its harvest degrades cypress wetlands.
Buffers Between Dissimilar Land Uses additional requirements.
(a)
(b)
(e)
Additional Requirement for Six-Foot Screening: Where dissimilar land uses exist on adjacent properties, and
where such areas will not be entirely visually screened by an intervening building or structure from abutting
property, that portion of such area not so screened shall be provided with a buffer consisting of a six (6) footwall or
fence with a life expectancy of at leastlen (10) years, or shrubs which normally grow to a minimum height of six (6)
feet.
Increased Standards for Hedge Size/Spacing: Where chain link fencing is permitted, shrubs shall also be required.
Shrubs used as a buffer shall be a minimum of thirty (30) inches in height at time of planting, and shall be planted
at a maximum spacing of thirty-six (36) inches on center, or a minimum of thirty-six (36) inches in height at time of
planting and planted at a maximum average spacing of forty-eight (4S) inches on center. Said buffer shall form a
continuous screen between the dissimilar land uses within one (1) year after planting.
Additional Trees Required in Buffers: Buffers screening dissimilar uses shall include trees planted at a maximum
spacing of thirty-five (35) feet on center within a minimum five (5) foot landscaped strip.
Parking Lot Buffers. All parking lots adjacent to rights-of-way or private streets shall be screened by a continuous planting
and/or three (3) foot high wall with a seven (7) foot landscaped strip incorporating said planting and/or wall on private
property. Planting material at time of planting shall be either a minimum height of eighteen (1S) inches, with a maximum
average spacing of thirty (30) inches on center or a minimum height of thirty-six (36) inches with a maximum average
spaCing of forty-eight (4S) inches on center.
Landscaped Areas in Parking Lots to exceed open space requirements.
(a)
(b)
Ten (10) square feet of landscaped area per parking space shall be provided within a parking lot In order to
maximize the distribution of shade, trees shall be planted throughout the interior of the parking lot at a minimum
density of one tree per eighty (SO) square feet of landscaped area, exclusive of parking lot buffers. Planting areas
for each tree shall have a minimum width of five (5) feet, exclusive of the curb dimension, and shall be planted or
covered with other landscape materials.
This requirement is in addition to applicable required open space. Planting areas shall be a minimum of twenty-five
(25) square feet.
Plant Quality minimum standards.
(a)
(b)
All plants installed 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 by the State of Florida
Department of Agriculture and Consumer Services.
Trees installed pursuant to this section shall have one primary vertical trunk and secondary branches free of
included bark up to a height of six (6) feet above natural grade.
Prohibitions.
(a)
Prohibited Plant Species shall not be planted and shall be removed from any site which is subject to the
requirements of this ordinance.
(E)
(15)
(16)
(b)
(c)
(d)
Controlled Plant Species shall not be planted within five hundred (500) feet of a Natural Forest Community or
native habitats as defined herein.
West Indian Mahogany (swietenia mahagoni) shall not be planted within five hundred (500) feet of a rockland
hammock or pine rockland.
Tree Abuse is prohibited. Abused trees shall not be counted toward fulfilling the minimum tree requirements.
Pruning Trees shall be pruned in the following manner:
(a)
(b)
(c)
(d)
(e)
(I)
All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made as close as possible to the
trunk or parent limb, without cutting into the branch collar or leaving a protruding stub.
Removal of dead wood, crossing branches, weak or insignificant branches, and suckers shall be accomplished
simultaneously with any reduction in crown.
Cutting of lateral branches that results in the removal of more than one-third of all branches on one side of a tree
shall only be allowed if required for hazard reduction or clearance pruning.
Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass in the lower two-thirds
(2/3) of the tree.
No more than one-third (1/3) of a tree's living canopy shall be removed within a one (1) year period.
Trees shall be pruned according to current ANSI A300 Standards and the Landscape Manual.
Stormwater Retention/Detention Areas.
(a)
(b)
(c)
(d)
Stormwater retention/detention areas shall be designed to maximize the perimeter dimension, where feasible.
Stormwater retention/detention areas shall be planted throughout with native herbaceous facultative plants, with
the following exceptions:
i.
ii.
In areas that are designated and actively used for play and/or picnic areas, overflow parking, or sports shall
be planted with grasses which are very drought tolerant, as referenced in the Landscape Manual, as well as
tolerant to wet soils.
In areas where the minimum required stormwater retention capacity would be adversely affected.
The minimum required number of native herbaceous facultative plants shall be one plant per square foot of
retention/detention area, including the slope. Minimum required herbaceous plant container size shall be one and
one-half (1 .. ) inches, commonly referred to as a liner. Sprigging, seeding, plugging, hydro-mulching or sodding
with native herbaceous facultative plants grown from local seed sources may be used in lieu of liners. Herbaceous
plants shall be planted in such a manner as to present a finished appearance and reasonably complete coverage
within one (1) year after planting.
Native facultative trees or shrubs may be used in lieu of native herbaceous facultative plants, provided that the
minimum .required stormwater retention capacity is not adversely affected.
Landscape Requirements City Standards for Parking Lot Areas. All vehicular use areas, except those which are located within
or beneath structures and those serving single-family or two-family residential uses, shall conform to the minimum landscaping
requirements of this sub-section.
To ensure that required landscaping in vehicular use areas is used to its greatest potential in relieving the monotony of and insuring
circulation safety within such areas, the following standards are set forth:
(1 )
Interior Improvements.
(a)
(b)
When the interior of any vehicular use area is designed for purposes other than off-street parking, such as a
service station, drive-in banking or drive-through retailing, an area or combination of areas equal to not less than
ten (10) per cent of the total vehicular use area, exclusive of perimeter landscape buffers, shall be devoted to
interior landscaping.
(F)
(2)
(3)
When the interior of any vehicular use area is designed for off-street parking purposes, the following landscaping
elements shall be required in lieu of percentage requirements:
i.
ii.
iii.
Curbed terminal islands shall be located at both ends of rows of contiguous spaces. Such islands shall be
not less than five (5) feet in width and extend the entire length of the spaces. Each terminal island shall
have at least one (1) tree for every ninety (90) square feet of area, or portion thereof, and be covered with
grass or ground cover as needed to meet requirements under § 20-4.5(0) (1).
Curbed interior islands, which measure not less than five (5) feet in width and extend the entire length of the
parking space, shall be located within rows of contiguous spaces. There shall be at least one (1) interior
island for every eight (8) spaces within each row. Interior islands shall be placed at intervals of not less than
six (6) nor more than ten (10) spaces, but shall not be required in rows containing six (6) contiguous spaces
or less. Each interior island shall have at least one (1) tree for every ninety (90) square feet of area, or
portion thereof, and be landscaped with grass or ground cover as needed to meet requirements under §
20-4.5(0) (1).
Interior islands need not be placed directly opposite each other when in abutting parking rows. Any design
arrangement which relieves monotony or increases tree coverage of the vehicular use area is permissible.
Triangles of Visibility.
(a)
(b)
(e)
All landscaping within required Triangles of Visibility, as defined in § 20-3.6(G), shall provide unobstructed
cross-visibility at a height of between three (3) and six (6) feet.
Trees having over six (6) feet of clear trunk, with limbs and foliage trimmed in such a manner as not to extend into
Triangles of Visibility, shall be permitted in said areas, provided that they in no way create a traffic hazard.
No landscaping elements, except for grass or ground cover, shall be located within three (3) feet of any
accessway.
Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas.
(a)
(b)
(c)
Landscaped areas shall be protected from the overhang of parked vehicles. Where such protection is .. necessary,
reinforced concrete wheel stops or an approved continuous curbing of not less than five (5) inches in height shall
be installed to prevent such overhang.
Concrete wheel stops shall be permanently anchored to the ground and located not less than thirty (30) inches
from landscaped areas.
If the overhang area is left unpaved, it shall be landscaped according to this section and the abutting required
perimeter buffer or divider median may be four (4) feet in width.
Landscape Plans Review Criteria. Landscape plans shall be reviewed by the Planning Division in accordance with the following
goals and objectives, and the guidelines and illustrations provided in the Landscape Manual [published by Metropolitan Dade
County, Florida].
(1 )
(2)
(3)
(4)
(5)
(6)
Landscape design shall enhance architectural features, relate structure design to the site, visually screen dissimilar uses
and unSightly views, reduce noise impacts from major roadways and incompatible uses, strengthen important vistas and
reinforce neighbOring site design and architecture.
Existing specimen trees, native vegetation (including canopy, understory, and ground cover) and Natural Forest
Communities shall be preserved to the maximum extent possible and all requirements of § 20-4.5(H) through (L).
In order to conserve water, reduce maintenance, and promote plant health, plant species shall be selected and installed
based on their water needs, grow1h rate and size, and resource inputs. Plants with similar water needs shall be grouped
in hydrozones. Adequate grow1h area, based on natural mature shape and size shall be provided for all plant materials.
The plan shall include the use of native plant species in order to reestablish an aesthetic regional quality and take
advantage of the unique diversity and adaptability of native species to the environmental conditions of South Florida.
Where feasible, the re-establishment of native habitats shall be incorporated into the landscape plan.
Trees and shrubs shall be planted in the energy conservation zone where feasible, in order to reduce energy
consumption by shading buildings and shall be used to reduce heat island effects by shading paved surfaces.
(G)
(H)
(7)
(8)
(9)
Street trees shall be used to shade roadways and provide visual order. Where feasible, selected species shall be used to
establish a road hierarchy by defining different road types.
Special attention shall be given to the use of appropriate species located under or adjacent to overhead power lines, near
native plant communities, and near underground utility lines. Adequate growth area shall be provided for all plant
materials.
Landscaping shall be designed in such a way as to provide safe and unobstructed views at intersections of roadways,
driveways, recreational paths, and sidewalks in accordance with § 20-3.6(G).
Historic landscapes and landscape features deSignated by the local, State, or the Federal government shall be
preserved.
Certificate of Compliance Required Adjustment to Requirements Permitted.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
A Prepare~s Certification of Landscape Compliance bearing the original letterhead of the designing firm and licensing
number shall be submitted to and approved by the Planning Division, prior to issuance of any final Certificate of
Occupancy, Certificate of Use and Occupancy or Certificate of Completion. The Preparer's Certification of Landscape
Compliance shall contain a statement, signed and sealed by the landscape architect or by person(s) authorized to
prepare plans by Chapter 481, Florida Statutes, who prepared the approved plans, that the landscape and irrigation
plans have been implemented and that all requirements of Section 20-4.5 have been met. Any changes or SUbstitutions
to the approved plan shall be approved by the original designing firm prior to the implementation of said changes and
substitutions. All changes or substitutions to the approved plan shall be noted on all copies. Changes and substitutions of
plant material shall be of similar quality, quantity and size, as originally approved and shall be in compliance with the
intent and requirements of Section 20-4.5.
For a new single-family, duplex residence on its own lot or applicable existing development, the owner or owner's agent
may certify in writing that landscape and irrigation have been .installed according to approved plan(s).
The Planning Division shall have the right to inspect all projects for compliance prior to issuance of a Certificate of
Occupancy, a Certificate of Use and Occupancy, or a Certificate of Completion.
Owners are responsible to ensure that landscaping required to be planted in Section 20-4.5, and all previous versions,
now arnended, is: (1) installed in compliance with the landscape requirements; (2) maintained as to present a healthy,
vigorous, and neat appearance free from refuse and debris; and (3) sufficiently fertilized and watered to maintain the
plant material in a healthy condition.
If any tree or plant dies which is being used to satisfy current landscape code requirements, such tree or plant shall be
replaced with the same landscape material or an approved substitute within 60 days of a complaint.
The Planning Division shall withhold approval of a final landscape inspection prior to issuance of the final Certificate of
Occupancy, Certificate of Use and Occupancy, or Certificate of Completion until a Preparer's Certification of Landscape
Compliance has been approved by the Division.
The Environmental Review & Preservation Board [E.R.P.B.] may adjust the requirements of Sections 20-4.5 (D) & (E)
under the following procedures:
(a)
(b)
(c)
(d)
The E.R.P.B. on receipt of application for adjustment of landscaping requirements shall have the authority and
duty to consider and act upon such application. The application shall be filed by the owner or tenant of the property
concerned, or by authorized agents as evidenced by written power of attorney, on forms prescribed by the
. Planning Division and accompanied by the E.R.P.B. application fee.
In the application, the applicant shall state clearly and in detail what adjustment of landscaping requirements are
being requested and the reasons such adjustments are warranted, and shall accompany the application with
supplementary data, such as sketches, surveys and statistical information to SUbstantiate the adjustment.
The E.R.P.B. may approve, modify or deny the requested adjustment, but shall approve or modify such request
only if it determines that approval of any adjustment would not be contrary to the public interest and would be in
keeping with and would preserve the intent of Section 20-4.5.
Procedures regarding Board actions and appeals from the decisions of the E.R.P.B. shall follow the regulations
set forth in Section 20-6.
Tree Removal Permit Applicabifity.
(1)
(2)
(3)
(4)
(5)
It shall be unlawful for any person, unless otherwise permitted by the terms of Section 20-4.5, to do tree removal work or
to effectively destroy any tree, or to effectively destroy any understory in a Natural Forest Community, without first
obtaining a permit from the City of South Miami.
The effective destruction of trees designated to be planted, preserved, or relocated under Section 20-4.5 (D) & (E) shall
not be penmitted.
No municipal or County official shall issue a tree removal permit that does not comply with Section 20-4.5. Any such
permit shall be void.
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.
The following activities are EXEMPT from tree removal permits:
(a)
(b)
(e)
(d)
(e)
If)
Removal of trees within the yard area of an existing single-family residence, provided the trees are not within a
Natural Forest Community, and are not specimen trees. This exemption does not apply to trees which are growing
on public rights-of-way adjoining existing single-family residences;
Removal of trees for the construction of a new single-family residence, provided that:
i.
ii.
iii.
iv.
The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or one-half acre or less in size
(21, 780) square feet, for nay other zoned lot; and,
The lot is being developed as the principal residence of the owner-builder; and,
The lot is not within an area designated as a natural forest community; and,
The trees are not specimen trees.
Removal of any dead tree;
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 intended sale to the general public in the ordinary
course of business;
Removal oftrees for the establishment, maintenance, and operation of a bona fide grove or bona fide tree nursery,
except when the proposed tree removal is to occur in a Natural Forest Community deSignated under County
Resolution No. 1764-84 or under subsequent revisions of the Natural Forest Community maps, or when the
proposed tree removal will affect specimen trees as defined herein. Any person desiring to remove trees pursuant
to this proVision shall obtain written approval from the Planning Division prior to the commencement of any such
activities under this exemption;
Removal of any of the following tree species:
i.
it
iii.
iv.
v.
vi.
vii.
viii.
ix.
Melaleuca quinquenervia (cajeput or paperbari< tree);
Casuarina spp. (Australian pine, beefwood);
Schinus terebinthifolius (Brazilian pepper), provided it is 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;
Bischoffa javanica (bishopwood);
Ricinus communis (castorbean);
Psidium guajava (guava);
Albezzia lebbek (woman's tongue);
Acacia auriculiformis (earleaf acacia);
(I)
(g)
(h)
(i)
(j)
(k)
x.
xi.
Schefflera actinophylla (Queensland Umbrella Tree);
and,
Metopium toxiferum (poison woodj, provided it is 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.
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 equitable 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 equitable 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 equitable 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 such
person, this provision shall be construed to impose joint and several liability upon 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 legal, beneficial or equitable interest in the real property upon which such tree is located;
Removing, trimming, cutting, or altering of any mangrove tree or removal of any tree located upon land which is
wetlands as defined in Section 24-3, Code of Metropolitan Dade County, Florida; .
Removal of tree within a bona fide fruit grove for the express purpose of converting said bona fide fruit grove to
another bona fide agricultural purpose;
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 management or control of said property, or unless said mortgagee has effected or caused
violations of Section 20-4.5 occurring on said property.
Any action which occurred prior to February 21, 1989, shall not constitute a violation of Section 20-4.5 (H) through
(L).
Tree Removal Permils-Submitta/s.
(1 )
(2)
(3)
(4)
Tree removal permits are required for the removal or relocation of any tree not specifically exempted under §
20-4.5(H)(5). The Planning Division shall provide permit application forms which shall be used by applicants.
An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If the applicant is a lessee or
agent of the owner, a statement from the owner indicating that the owner has no objection to the proposed tree removal
shall be submitted with the application.
The permit applicant shall submit to the Planning Division:
(a)
(b)
(c)
(d)
A completed tree removal permit application form; and,
Two (2) sets of site plans which shall include the locations of all existing tree resources and all proposed structures
or utilities which may require removal or relocation of trees; OR,
Two copies of a tree survey as defined in § 20-4.5(A); OR,
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.
The Planning Division may deny an application, or approve an application and issue a permit (subject to conditions,
limitations or restrictions), for the activity proposed under the permit application, provided that:
(a)
(b)
(c)
A completed application is submitted and the permit fee is paid;
All required plans or covenants are submitted and are in compliance with the standards in Section 20-4.5;
All plans clearly specify conditions, limitations and restrictions required, and that the permit applicant
acknowledges, understands and fully agrees to comply with all said conditions, limitations or restrictions by
(5)
(6)
(J)
(d)
signing the permit prior to its issuance; and,
A performance bond, if required by the Planning Director, is posted:
i.
ii.
iii.
iv.
The Planning Director may require 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
required replacement trees.
The bond shall be equivalent to one hundred fifteen percent (115%) of the estimated cost of the permitted
activity and may be in the form of a letter of credit, surety, cash, or certificate of deposit.
All performance bonds shall remain in force for a minimum of either one (1) 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.
At the discretion of the Planning Director, performance bonds may be partially released in phases based
upon partial completion of planting or other permit requirements.
All tree removal permit applications which remain incomplete for a period of one hundred twenty (120) days shall be
denied. A new tree removal permit application shall be required for 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 issuance.
Any permits related to a Natural Forest Community shall be approved by the Metro-Dade County Department of
Environmental Resource Management [DERM].
Tree Removal Permit Replacement Standards.
(1 )
(2)
Permit review and applicable sub-sections.
(a)
(b)
(c)
(d)
(e)
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;
On receipt of completed permit applications, the Planning Division shall determine whether the site contains any
portion of a Natural Forest Community, trees subject to protection, or specimen tree (s);
If a site contains any portion of a Natural Forest Community, then the permit must be submitted for review by the
Metro-Dade County Department of Environmental Resource Management [DERM];
If there are trees present on a site [other than any portion of a Natural Forest Community or specimen tree(s)],
then the replacement provisions contained under § 20-4.5(J) (2) shall apply; and,
If a 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 site.
Non-specimen trees. Procedures for determining tree replacement. The Planning Division shall determine the total
number of replacement trees required 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 survey.
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 required. The total number of trees required for replacement shall be
based on the area of impact and category of replacement tree selected by the applicant. Each replacement tree shall
compensate for a portion of the tree canopy lost in the impact area, and the following table shall be used as a standard for
determining the required number of replacement trees:
Category of Replacement Tree (See Step 6 below for
explanation)
Portion of Impact Area for which Each Replacement Tree
Compensates
Shade Tree 1
Shade Tree 2
500 square feet replacement area
300 square feet replacement area
Palm Tree 1
Palm Tree 2
Small Tree
(a)
(b)
(c)
(d)
(e)
300 square feet replacement area
100 square feet replacement area
200 square feet replacement area
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.
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.
The applicant shall submit a list of proposed replacement trees.
When replacement canopy area exceeds ten thousand (10,000) square feet, replacement shall be described in a
landscape replacement plan which shall meet the minimum requirements of § 20-4.5(J) (4), and no tree removal
permit shall be issued until said plan has been approved by the Planning Division.
When the total number of replacement trees exceeds twenty (20), then the applicant shall required to submit a
landscape replacement plan consistent with the provisions of § 20-4.5(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 required replacement trees because of insufficient planting area as
determined by the Planning DiviSion, then the applicant shall be required to plant replacement trees at an off-site location
subject 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 site.
Step 5: Minimum species diversity standards. When more than ten (10) trees are required to be planted, in accordance
with provisions of § 20-4.5 (J), a diversity of species shall be required. The number of species to be planted shall be
based on the overall number of trees required. The applicant shall be required to meet the following minimum diversity
standards:
Required Number of Trees
11-20
Minimum Number of Species
2
21-50
51 or more
(3)
(a)
(b)
(e)
4
6
When native trees are removed, then all replacement trees shall be native species; otherwise, a minimum of fifty
(50) percent of all replacement trees planted shall be native to Dade County.
Permittees shall not be required to plant in excess of six (6) species. The number of trees of each species planted
shall be proportional to the number of species required.
As an altemative to the minimum species diversity required herein, an applicant may propose an alternative
species diverSITY in an alternative landscape enhancement plan described in § 20-4.5(J) (5).
Step 6: Minimum standards for replacement trees. The Planning Division maintains a list 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 quality as
required for a Florida No.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)
(b)
(e)
(d)
(e)
All category 1 replacement shade trees shall be a minimum of twelve (12) feet in height at the time of planting and
at maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions.
All category 2 replacement shade trees shall be a minimum of eight (8) feet in height at the time of planting and at
maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions.
All category 1 replacernent 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 conditions.
All category 2 replacement palm trees shall be a minimum of three (3) feet in height at the time of planting and at
maturity should have a canopy coverage of one hundred (100) square feet under normal growing conditions.
All small trees shall be a minimum of six (6) fuet in height at the time of planting and at maturity should have a
canopy coverage of two hundred (200) square feet under normal growing conditions.
(4)
Specimen Trees. The standards to be applied in reviewing tree removal permit applications involving specimen trees are
as follows:
(a)
(b)
(e)
d)
e)
(I)
(9)
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.
Alternate plans. If, after review of above, the Planning Division determines that (a) 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 rnay include, but shall not be limited to:
i.
ii.
An adjustment of building orientation on a site; and,
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.
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). If a tree rernoval permit requires relocation, then the applicant shall be required to relocate
the tree in accordance with the standards in § 20-4.5 (K).
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 required.
Replacement requirements for specimen trees. As a condition of the issuance of a tree removal permit for the
removal of specirnen trees, tree replacement requirements shall be twice those specified for the replacement of
non-specimen trees under § 20-4.5(J) (2).
Fee. In the event that replacernent is not feasible on site, then alternative off-site replacernent shall be required, or,
as a last alternative, there shall be a contribution to Account No. 219.355, Tree Trust Fund, for the full value of
replacernent trees.
Exemptions from specimen tree replacement reqUirements. Applicants may be exempt form the replacement
requirements above, but subject to the tree replacernent requirements contained in § 20-4.5(J) (2), under the
following circumstances:
i.
ii.
iii.
Upon submittal of a statement frorn a landscape architect registered in the State of Florida which indicates
that a specimen tree, due to disease, condition, growth habit or any other reasonable botanical factor, does
not provide the aesthetic or environmental contribution associated with a specimen tree. Said statement
shall include the specific reasons(s) for the clairned exemption frorn these provisions;
When preservation of the specirnen tree would cause a foreseeable risk to property; or,
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 preserved.
Landscape Replacement Plan. Landscape replacement plans may be required under the provisions contained in §
20-4.5(J) (1). All landscape replacement plans shall be submitted by the applicant and must meet the following minimum
standards:
(5)
(a)
(b)
(c)
The number of trees, number of species of trees, and size of trees proposed for planting shall be consistent with §
20-4.5(J) (2) & (3);
The site plan shall include proposed replacement locations for all tree replacements and relocations, and all
property lines, proposed and existing structures, driveways and utility easements; and,
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 area.
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 unique project design which provides
reasonable assurance that the project complies with the intent to maintain tree canopy.
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 required canopy replacement is achieved by using shade trees and
palm trees as required under § 20-4.5(J) (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)
Shrub 2/ Ground Cover
60 square feet replacement area
30 square feet replacement area
(K)
(a)
(b)
(c)
(d)
All category 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) square feet under normal growing conditions.
All category 2 shrubs and ground covers shall have a root system sufficient to sustain growth at the time of
planting and at maturity should have a canopy coverage often (10) to twenty (20) square feet under normal
growing conditions.
The applicant shall have the burden of demonstrating that a design meets the intent of § 20-4.5(J) (2) & (3). At a
minimum, an alternative landscaping enhancement plan shall include, without limitation:
i.
ii.
iii.
A sealed statement, prepared by a landscape architect, registered in the State of Florida, which indicates
that the intent of § 20-4.5(J) (2) & (3) can be effectively met through the submission of the alternative
design; and,
A site plan, prepared by said landscape architect, registered in the State of Florida, 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,
A tabulation that identifies any deviations from the requirements of § 20-4.5(J) (2) & (3) and explicitly
provides tree replacement alternatives.
The Planning Division may approve an altemative landscape enhancement plan when:
i.
The design preserves and incorporates existing vegetation; and,
ii.
The design exceeds the minimum requirements or equivalent of § 20-4.5(J) (2) & (3).
Tree Removal Permit Relocation Standards. The relocation of any tree that is subject to the provisions of Section 20-4.5 shall be
consistent with the following minimum standards:
(1 )
Trees other than palms:
(a)
(b)
(e)
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;
After root severing, adequate 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;
(L)
(M)
(2)
(3)
(d)
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,
Any tree that dies or becomes nonviable within one (1) year of relocation shall be replaced according to the
standards set forth in § 20-4.5(J) (2) & (3).
Palms:
(a)
(b)
(c)
A ball of earth at least one (1) foot from the base of the trees shall be moved with the tree;
Fronds shall be securely tied around the bud prior to relocation and shall remain securely tied around the bud
during the entire relocation process and for a minimum of one (1) week after relocation; and,
Any palm that dies or becomes nonviable within one (1) year of relocation shall be replaced according to the
standards set forth in § 20-4.5(J) (2) & (3).
Preservation credit for relocated trees. Permittees who successfully relocate trees shall receive full credit for the
relocated trees and the tree replacement requirements herein shall not apply to such relocated trees. All relocated trees
shall meet the standards set forth above.
Tree Protection Required Barriers. During site development, protection requirements for trees designated for preservation
under an approved tree removal permit shall include, but not be limited to, the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Protective barriers shall be placed around each tree, cluster of trees, or the edge of the preservation area no less than six
(6) feet (in radius) from the trunk of any protected tree cluster or preservation area unless a lesser distance is specified by
the Planning Division.
Protective barriers shall be a minimum of four (4) feet above ground level and shall be constructed of wood, plastic or
metal, and shall remain in place until development is completed. Protective barriers shall be in place prior to the start of
any construction.
Understory plants within protective barriers shall be protected.
No excess oil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by
protective barriers, nor shall 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.
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 or retaining walls are required.
Underground utility lines shall be placed outside the areas surrounded by protective barriers. If said placement is not
possible, disturbance shall be minimized by techniques such as tunneling or overhead utility lines.
Fences and walls shall be constructed to avoid disturbence to any protected tree. Post holes and trenches located close
to trees shall be dug by hand and adjusted as necessary, using techniques such as discontinuous footings, to avoid
damage to major roots.
Trees that are effectively destroyed, shall be replaced according to the standards of § 20-4.5(J) (2) & (3).
City of South Miami Tree Trust Fund.
(1 )
(2)
(3)
(4)
Creation of the tree trust fund. There is hereby created a tree trustlund, under Account No. 01-02-19.335, the purpose of
which is to acquire, protect, and to plant trees on public property.
Disbursement and maintenance of the tree trust fund. Monies obtained for the tree trust fund shall be disbursed for the
acquisition, maintenance, management, protection, or planting of trees on public property.
Source of monies for the tree trust fund. Said tree trust fund shall consist of contributions in lieu of, or in conjunction with,
required replacement plantings under Section 20-4.5. The Planning Division shall collect funds designated for the tree
trust lund when the replacement planting requirements of § 20-4.5(J) (2) & (3) cannot be met.
(N)
Decisions to grant or deny tree removal permits shall be made without consideration of the existence of this fund or offers
of donations of monies thereto.
Violations of Section 20-4.5.
(1 )
(2)
(3)
(4)
(5)
(6)
The Planning Division shall charge and collect permit fees and trust fund contributions. Applications from government
agencies for tree removals in areas dedicated to public use may be exempted from permit fees.
The Planning Division and Building Division shall have the right to inspect any lands affected by Section 20-4.5 and to
issue cease and desist orders and citations for violations.
Failure to install or maintain landscaping according to the terms of Section 20-4.5 shall constitute a violation of this Code.
Failure to plant, preserve, or maintain each individual tree shall be considered a separate violation of this Code.
Each day in which either landscaping or individual trees are not installed or maintained, according to the terms of Section
20-4.5, shall constitute a continuing and separate violation of this Code.
Any person, firm or entity violating any provision under Section 20-4.5 shall be subject to a fine of up to two hundred fifiy
dollars ($250.00) per day per tree, pursuant to provisions of this Code and State.
(Ord No, 3~96-1D()3, § 2, 4H2-96; Ord No. 7~9B-'!666, § 'I, 4-21-98)
STANDARD 3
Table 1
FY 2008109 -2012/13 Capital Improvements Plan
SUMMARY OF PROJECTS
$286,600
$280,000
$55,000 $396,300
$475,000 $50,000
$51,370 $431,500
$290,000 $75,000 $75,000 $75,000 $75,000
$343,000
$250,000
$52,000 $388,000 $100,000
$580,000
$1,097,000 $100,000
$770,000 $140,000 $140,000 $200,000 $200,000
$95,000 $80,000 $200,000
$1,500,000
$1,032,000 $490,000 $492,000 $100,000 $100,000
$25,000 $5,000 $65,000 $5,000 $5,000
$109,347 $22,500 $25,000 $25,000 $15,000
$60,000 $80,000 $80,000
$500,000 $500,000 $500,000
$250,000 $250,000 $250,000
$50,000 $500,000 $450,000
iii
ADOPTED March 17, 2009
Resolution 44-09-12853
$75,000
$120,000
$5,000
$15,000
$60,000
$500,000
Table 2
FY 2008109 -2012/13 Capital Improvements Plan
PROJECTS PER FUNDING SOURCES
$25,000 $75,000
$4,000 $24,000
$30,000
$95,000 $80,000
$25,000 $5,000 $5,000 $5,000 $5,000
$109,347 $15,000 $5,000 $5,000 $10,000
$29,450
$482,000 $277,000 $252,000 $261,000 $267,000
$34,485
$27,042
$6,900
$9,600
$136,672 $142,242 $148,660 $168,200
$15,000
$135,000
$17,000 $18,405 $18,405
$577,440 $200,000 $100,000 $100,000
vi
ADOPTED March 17, 2009
Resolution 44-09-12853
$5,000
$15,000
ADOPTED March 17. 2009
Resolution 44"09~ 12853
City of South Miami
2008/09-2013/14 CAPITAL IMPROVEMENTS PROGRAM
CAPITAL IMPROVEMENT PROJECT REQUEST FORM
Name of Project: ---,---------------------" CITYWIDE LANDSCAPING PROGRAM 'Dept Priority: CI018
Project Location: Citywidep;o;~~t-No.:--........-----
Requesting Dept.: Public Works Cate or : UNFUNDED/FUNDED
DESCRIPTION: (Sketches, map:>, planning detail:; & any project Slippot1ing dO(;\Ilnents)
Installation of new street trees and other public
landscaping, and removal of noxious exotic vegetation
from public rigbts-of-way. This project would also
include the replacement of street trees along Sunset
drive in downtown area, as funding becomes available.
JUSTIFICATION:
To increase aesthetics and to satisfy the goals of
neighborhood charrettes.
PPERATING IMPACT:
Minimal operating impact is expected: the trees and
vegetation will require periodic pruning and watering
when necessary.
CONCURRENCY:
Consistent with the City of South Miami
Comprehensive Plan.
--.-----r=::-:--j-----------
FY 08-09 FY 09-10 I FY 10-11 I FY 11-12 FY 12-13 ,
ACTIVITY EXPENDITURE SCHEDULE
Construction 109,347 -22,50~ 25,000 I 25,000' ----~5,00~ 15,000
I f-----------.-----+--------I------+-----~------.-,.-.-.--,--. ----
"Total Budget: 109,347 22,500 25,000 25,000 15,000 15,000
FUNDING SOURCES APPROPRIATIONS SCHEDULE
15,000 City (General Fund) 109,347 15,000 5,0~0 ----~:~~~~~OO
Special Revenue Fund 5,000 5,~~~ I 5,000
'-~_*~_~_t~_~_:_:n_d_in~~ __ =~=_~:=_=~=_~~-9,-3~ ~3i~ ~,:: _~~~ =1~~
Priority is subject to change. 18 of 59
*'" Based on amounts estimated durin'g preliminary planning,
ADOPTED March 17, 2009
Resolution 44-09-12853
City of South Miami
2008/09-2012/13 PEOPLE'S TRANSPORTATION PLAN
CAPITAL IMPROVEMENT PROJECT REQUEST FORM
"Dept Priority: PTP005
Project No.:
Name of Project: DOWNTOWN IMPROVEMENT
Project Location: Downtown and CRA Area
Requesting Dept: Public Works Department Cate 0 UNFUNDED
DESCRIPTION: (Sketches, maps, phllUling delltil., &. an}' Jln~iect slq)porting documents)
Roadway repair, resurfacing and parking analysis as it
relates to traffic calming and drainage improvement
needs in the downtown area. The project would also
include improvement to pedestrian corridor (sidewalk)
as street trees are replaced (see Citywide Landscaping
Program, page 18 of 59).
JUSTIFICA TION:
The condition of the paved surface is critical to the
safety of vehicular and pedestrian traffic.
OPERATING IMPACT:
Improvement will reduce street maintenance cost but
there will be an increase in landscaping maintenance
cost.
CONCURRENCY:
Concurrent with the City's Five-year Capital
Improvement Plan.
----------
FY 08-09 FY 09-10 i FY 10-11 I PRIOR YRS. I
ACTIVITY EXPENDITURE SCHEDULE i ----------------
Survey 1,500
1 Engineering 3,500 50,000 25,000
Construction 379,500 300,000 325,000 300,000 I 300,000
----_.
"Total Budget: 384,500 350,000 350,000 I 300,000 300,000 ,
FUNDING SOURCES APPROPRIATIONS SCHEDULE
------
FY 12-13 -,-,._,---
---_ .•. _._------
---'._-
:;;:;:dT-",-;oo PlM I 3ii.~:r:.0oo --:o:r::o:roo000 .-
--.-----.--... 1.-.. --... --... 1---.. -.-..... _. ___ ,_._ .... ___ 1...._ ...... ___ .............. -...... --.-.. ---
"Total Funding: 384,500 350,000 350,000 i 300,000 I 300,000 '--____________ ... __ .. _ ...... _____ ..... __ .. _.____ ..J ___ ... __ ...... _ ... __ .. _._ ................. ___ . __ ... _ .. _ ... __ ..
• Priority is subject to change, 52 of 59
*" Based on amounts estimated during preliminary planning.
STANDARD 4
APPENDIX B
City of South Miami
Parks & Recreation Department
Invites you to join us in
celebrating
Arbor Day
On
April 29, 2011
Jean Willis Park
6130 Sunset Drive
(Next to the Police Department)
Tree planting will be done
at 1:00 p.m.
Refreshments will be provided
APPENDIX C
South Miami
***** All-America CilY
~, I.'
2001
In 1812, J. Sterling Morton proposed to the Nebraska 'Board oj Agriculture
that a special day be set aside Jor the planting oj trees; and
Arbor Day is now observed throughout the nation and the world; and
Trees can reduce the erosion oj our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce
life-giving oxygen, and provide habitat Jor wildlife; and
Trees are a renewable resource giving us paper, wood for our home, fuel Jor
our fires, and beautify our community; and
Trees in our city increase property values, enhance the economic vitality of
business areas, and beautify our community; and
Trees, wherever they are planted, are a source of joy and spiritual renewal;
and
In honor oj National Arbor Day, the City oj South Miami will be recognizing
the third Friday in January oj every year as Arbor Day.
NO'r1l, 'l!JfIECJJSE.PO<B!A 1, Philip 1(. Stoddard, Mayor along with my colleagues oj the City Commission:
Vice Mayor Valerie Newman, Commissioners Velma Palmer, Brian D. Beasley and Walter A. Harris
do hereby proclaim the third Friday in January of every year as:
in the City of South Miami, Florida. We urge all citizens to celebrate Arbor Day the third Friday' in
Ja'!pary oj every year and to support efforts to protect our trees and woodlands. We Jurther urge all
ciii'fens to plant trees to gladden the heart and promote the well-being oj this and Juture generations.
SIGNED and the OFFICIAL SEAL oJthe
City oj South Miami, Florida, affIXed
Hereto this 14th da)!. oj June 2011.
fq~,/CL
Philip 1(, Stoddard, Mayor
South Miami
AII·America City , I I.'
2001
In 1812, J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees; and
This holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
Arbor Day is now observed throughout the nation and the world; and
Trees can reduce the erosion of our precious topsoil by wind and water, cui
heating and cooling costs, moderate the temperature, clean the air, produce
life-giving oxygen, and provide habitat for wildlife; and
Trees are a renewable resource giving us paper, wood for our home, fuel for
our fires, and beautifY our community; and
Trees in our city increase property values, enhance the economic vitality of
business areas, and beautifY our community; and
Trees, wherever they are planted, are a source of joy and spiritual renewal;
and
In honor of National Arbor Day, the City of South Miami will have a tree
planting ceremony on January 21, 2006 at the dedication of South Miami
Park .
.wow, '1!Ji1E'lfj!/FOIJI!,E, I, Mary Scott Russell, Mayor along with my colleagues of the City Commission:
Vice Mayor Velma Palmer, Commissioners Randy G. Wiscombe, Marie Birts-Cooper and Craig Z.
Sherar do hereby proclaim Friday, January 20, 2006 as:
in the City of South Miami, Florida. We urge all citizens to celebrate Arbor Day and to support ejJiJrlS
to protect our trees and woodlands. We further urge all citizens to plant trees to gladden the heart and
promote the well-being of this and future generations.
SIGNED and the OFFICIAL SEAL of the
City of South Miami, Florida, affixed
Hereto this I1h day of January 2006.
Mary Scott Russell, Mayor