Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Ord No 29-14-2207
ORDINANCE NO.29-14-2207 AnOrdinance of the City of SouthMiami,Florida amending the Land Development Code, Section20-4.5and20-4.5.1,including,but not limitedto,provisionsconcerning intent, definitions,applicabilityand providing fortreeremoval requirements,applications,permits, fees tree mitigationandprotection,enforcement,penalties,remedies,andappeals. WHEREAS,Ordinance13-14-2191 adopted onMay 20,2014,amended the City'sLandscape requirements byrepealing subsections (A),(H),(I),(J),(K),(L),(M)and (N),deletingand transferring Section20-4.5 (D)to20-4.5.1(15)addinganewsection20-4.5 (A)andaddingSection20-4.5.1 titled "Tree Protection";and WHEREAS,the residents and City Commission of South Miami feel that the destruction of certain trees is not necessary to redevelop properties;and WHEREAS,the City Commission feels that the Tree Protection Ordinance No.13-14-2191,needed additional protections for the preservation of trees;and WHEREAS,on July22,2014,the City Commission adopted a Resolution No.147-14-14241, enacting a moratorium on the issuance of permits to cut or otherwise kill certain trees until the existing tree protection ordinance can be amended to provide better protections. NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA THAT: Section 1.The Land Development Code of South Miami,Florida originally enacted by Ordinance No.3-96-1603,and as amended,by Ordinance 7-98-1655,and Ordinance 13-14-2191is hereby amended and specifically Section 20-4.5 and Section 20-4.5.1 are amended to read as follows: 20-4.5 Landscaping and tree protection requirements forall zoning districts. A.Intent and Purpose (1)The intent of this section is to provide a mechanism to protect,preserve and restore the tree canopy within the City of South Miami by regulating the care,protection,removal,relocation and trimming of trees.The benefits of trees to the City are many and include the following: i)Trees help combat the greenhouse effect by absorbing C02,a major source of greenhouse gases which contributes to global warming. ii)Trees clean the airby absorbing some polluting gases and filter some particulates out of the air by trapping them on their leaves and bark. iii)Trees provide oxygen asa product of their growth. iv)Trees conserve energy and reduce the urban heat island effect by helping to cool the streets and the city by reducing the direct sunlight from heating pavement and buildings and by evaporative cooling from transpiration of their leaves. v)Trees save water by slowing evaporation rates from lawns. vi)Trees help prevent water pollution by reducing runoff byallowing the water toflow down the trunk and into the earth below the tree,helping to prevent stormwater from carrying pollutants to the ocean.Onhillsides or slopes,trees slow runoff and holdsoilin place. Ord.No.29-14-2207 vii)Treesaddtotheaestheticofanareaandas landmarks can give a neighborhood anew identity and encourage civic pride, viii)Trees provide a canopy and habitat for wildlife, ix)Trees increase property values. x)Trees can increase business activity.Studies have shown that the more trees and landscaping a business district has,the more business willflowin.A tree-lined street will also helpslowtraffic,inmany instances,enough toallow the drivers tolookat the storefronts instead of passing by more quickly. (2)Thepurposeofthissectionistodeclare that the policy ofthe City ofSouth Miami isto protect and nurture trees,encourage the planting and preservation of trees,and assure that the design and construction of all development activityis executed ina manner consistent with the preservation ofexisting trees to the greatest extent possible;to ensure that the applicant takes all steps reasonably necessary to preserve or relocate existing trees priortoreceivinga permit,and to: i)Establishandmaintain the maximum amount of tree coveronpublicandprivatelandsin the cityby prohibiting the destruction andremovalof trees except in accordance with the standards set forth in this article; ii)Maintain all trees in the citytobe healthy and nonhazardous condition through professionally accepted arboricultural practices andin compliance with the provisions of this tree protection ordinance,and the established standards of the Chapter 24 of the code of Miami-Dade County iii)Establishandreviseas necessary standards for the planting and maintenance of trees so as to improve the economic base of the cityby improving property values,to enhance the visual quality of the cityandits neighborhoods and to improve public health by lessening air pollution; iv)Minimize hazards and damage to streets and sidewalks and lessen publicrights-of-way maintenance costs; v)Provide for the designation and additional protection of heritage and specimen trees; Promote efficient and cost-effective management of the urban forest through the development of a comprehensive long-range urban forest master plan;and vi)Provide latitude in the interpretation and application of city administrative rules, standards and guidelines when reasonable and necessary to implement this section and minimize the destruction of trees. B.Definitions.For the purpose of this section,the following definitions shall apply: (1)Applicant:A person whois the owner,authorized agent of the owner,lessee ofa property under a written lease,or who is authorized to apply for a building permit for the subject property. (2)Arborist,Certified:Onewhoiswell-versedin the art of arboriculture,including tree surgery,the prevention and cure of tree diseases,and the control of insects,and who has a current International Society of Arboriculture (ISA)Arborist Certification. (3)Branch Collar:Trunk tissue that forms around the base of a branch. (4)BreastHeight:A measurement taken ataheightfourand one-half feet above grade. (5)Caliper:For trees under four(4)inchesin diameter,the trunk diameter measured ataheightofsix (6)inches above natural grade.For trees four(4)inchesand greater in diameter,the trunk diameter measured at twelve (12)inchesabovenatural grade.(Per chapter 18A MDC landscape code). Ord.No.29-14-2207 (6)ChampionTree:A tree thatisthelargestofitsspecies,including those trees that havebeen designated by the Florida Department of Agricultureand Consumer Services,orits successor department that controls and/or regulates Florida forests (hereinafter referred toas the "Department of Agriculture"),asa Florida champion tree. (7)Controlled treeandshrubspecies:Speciesthattendtobecomenuisancesbecauseoftheir ability to invade proximal native plant communities or native inhabitants,but which,if located and cultivated properly,may beusefulorfunctionalas elements of landscapedesign.This section incorporates by reference the Miami-DadeCountyLandscapeManuallisting of controlled tree species and as may be amended from time to time. (8)Crown:The upper branches of the tree canopy. (9)Crown Width:The width of the crownatits widest point measured onaplaneparallelto the ground. (10)Developed land:Land upon which structures orfacilities have been constructed. (11)Diameter (DBH):The diameter of a tree's trunk measured ata height fourand one-half feet above grade.In the case of multiple-trunk trees,the DBH shallbe determined using the following formula which produces the diameter of acircle of equivalent cross-sectional area to the smaller circles of the multiple trunks:(square root of (forall trunks,the sum of (the circumference of each trunk squared)))divided by "pi"(3.14). (12)Dripline shall mean animaginaryverticalline extending from the outermost horizontal circumference of a tree's branches to the ground. (13)Drop-crotchPruning:Aspecific type of pruning designed toproperly reduce the size of trees and defined by the International Society of Arboriculture (ISA)standards,orany subsequent amendments thereto. (14)Effectively destroy shall mean the girdling,or damaging of a tree's trunk,branchor root system or cutting,pruning or trimming not done in accordance with the most recent American National Standards (ANSI)A-300 Standard PracticesforTreeCare Operations pursuant to Chapter4 of the Miami-Dade County Code.. (15)Equivalent Replacement:A tree,whichdueto the condition,sizeand value of the previous or existing tree,is determined by the City to be,or to become within 5 years,equivalent to the tree to be removed. (16)Equivalent Value:An amount of money which reflects the replacement cost of a tree,(including transportation,planting and the initial years maintenance to insure survival)based on its size, condition,location,the market value and specifically the International Society of Arboriculture (ISA)tree evaluation formula. (17)ExoticTreeSpecies:Aplantspecies that hasbeen introduced to Florida by human actionandis defined inthis ordinance asa non-nativespecies orbyMiami-Dade County asa non-native species. (18)Florida Number1Gradeorequivalent shallmean the classification of the quality of anursery plantas published inGradesand Standards forNurseryPlants,Part II,Fla.Dept.of Agriculture and Consumer Services,Division of Plant Industry. Ord.No.29-14-2207 (19)Girdling:Thecuttingthroughtheoutersurfaceofatreedeeplyenoughtocompletelyseverthe cambium around the entire circumference of the tree's trunk,or of abranch of the tree, sufficiently enough to prevent orhinder the normalgrowthorsurvival of the tree. (20)Grade:Thegroundlevel of asubjectproperty,the measurement of the degree of riseordescent of aslopingsurfaceor,inreferencetoapoint of measurement of a tree,the groundlevel surrounding the outside of aholeintowhicha tree is,oris intended tobe,planted. (21)Hat-racking:Theflatcuttingofthetopofatree,severing the mainleaderorsupportingleaders, andora process to flat-cut the top of a tree or to remove more than one-third of the tree crown. (22)Heritage Tree:Adesignationgivenpursuanttoanactionby the CityCommission.TheCity Commission can grant HeritageTree status inany of the following categories: (a)Champion Size:Tree that is the largest of its species. (b)SignificantSize:Tree worthy of recognitionforsize,but not the largest of its species. (c)Historically/CulturallySignificant:Treesspecifically associated with historical dates,events, people,and city landmarks. (23)LandscapeManual:TheMiami-DadeCountyLandscapeManual ("MDC LandscapeManual), whichisin effect now,oras amended in the future,as the official landscape manual issuedby Miami-Dade County,Florida.The MDC LandscapeManualis hereby adopted by the Cityand incorporated herein by reference,providing that in the event of an express conflict between the MDC Landscape Manualand this section,the latter shallprevail. (24)Large SizeTree:A tree of anyage,witha mature height of 40 feet or more anda mature crown wider than 22 feet. (25)Maintenance andProtection:Theact of enhancing the viability of aplant,includingallmarking, watering,pruning,spraying,injecting,fertilizing,treating,bracing,aswellas the performance of surgical work and/or cutting above or below the ground. (26)Medium SizeTree:A tree of anyage,with a mature height of between 26 feet and39 feet,a mature crown between 15 feet and 22 feet. (27)Mitigation:Those measures necessary to restore tree coverage,crown,or canopy whichhave been effectively destroyed,or that were removed with or without authorization under this ordinance. (28)Nativeplant species shall mean aplant species withageographic distribution indigenous toallor part of Miami-DadeCounty.Plantswhicharedescribedasbeing native toMiami-Dade County in botanical manuals suchas,but not limitedto,"A Flora of Tropical Florida"byLongandLakelaand "TheBiology of Trees NativetoTropical Florida"byP.B.Tomlinson,are native plant species within the meaning of this definition as may be amended or replaced from time to time. (29)NaturalForestCommunity shallmeanall assemblages of vegetation designated asNaturalForest Communities on the Miami-DadeCountyNaturalForest Community Mapsand approved by the Board of County Commissioners,pursuant to Resolution No.R-1764-84 and further defined in Section 24-3 of the Miami-Dade County Codeas may be amended or replaced from time to time (30)Nonviable:Notcapable of living orof providing the ecological or aesthetic qualitiesassociated with a healthy functioning tree. Ord.No.29-14-2207 (31)NuisancePlantSpecies:Anytreeorshruborpart thereof growinguponprivateorpublicproperty whichis determined by the Cityto endanger the health,safety and/or general welfare of the City and/or its residents and/or its business owners,operators or customers. (32)Person:Anyindividual,legal entity oranyassociation of individuals and/or legal entities. (33)ProhibitedPlantSpecies:Thoseplantspecies that are detrimental to nativeplants,nativewildlife, ecosystems,orto human health and/or safety and welfare aswellas those species that arelisted as prohibited species in the Miami-Dade County Landscape Manual.Also referring to trees that are exempt from the general tree protection requirements of this section 20-4.5 and 20-4.5.1. (34)Protected Tree:A tree with a minimum caliper of one and one half inches in diameter aslistedin the Miami-Dade County Landscape Manual as amended. (35)Protective Barrier:Protective barrier shall mean a temporary fence or structure builttorestrict passage into anarea surrounding a tree or stand of trees for the purpose of preventing any disturbance to the roots,trunk,or branches of the tree(s). (36)Pruning/Trimming:Theremoving of plantparts,deadoralive,ina manner soasnottodamage other parts of the plant.The selective cutting of tree/plant parts to encourage new growth or better flowering;to remove old stems or deadwood;or to shape trees according to ANSIA300 Standards. (37)PublicArea:IncludesallPublicright of ways,parksand other lands owned orleasedby the City. (38)PublicRight of Way:Includes allpublic streets,roads,boulevards,alleysand sidewalks. (39)Roots/Root Systems:Theparts of the tree containing the organs that extract water,gasesand nutrients from the soil. (40)Shade Tree:Any tree which,when mature,hasa crown width that isat least two-thirds of the tree's height. (41)Site Plan:A comprehensive plandrawntoscaleindicatingland elevations,publicrights of way including roadways,and the location of all relevant existing and proposed site improvements including structures,parking,other paved areas,ingress and egress drives,landscaped open space and signage. (42)SmallTree:A tree with a height of 25 feet or smaller when fully mature,and with a mature canopy smaller than 15 feet. (43)SoundNurseryPractices:Thevarious procedures involvedin landscape nursery work that arein compliance with the Florida Department of Agriculture and Consumer Services standards. (44)Spread:The greatest horizontal dimension of the branches andfoliage of a tree. (45)Stem:Theprimary trunk whichis the mainupwardaxis of a tree that supports branchesand leaves above the ground,servingto support the tree and to transport and store water and nutrients. (46)Specimen Tree:A tree witha DBH of 18inchesorgreater.DadeCountyPines of DBH exceeding 12"orCabbagePalmswith trunks greaterthan6feet.Thefollowing types of trees that meet these criteriashall not be considered specimen trees: (a)Non-native species of the genus Ficus.; (b)All multi-trunk trees inthepalm family,except the Paurotis palm (Accelorrhaphe wrightii) (c)All nuisance plant species. Ord.No.29-14-2207 (d)Prohibited plant species. (e)Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit,including,but not limited to,mangoes,avocados,or species of citrus (47)Temporary Shade Tree:A tree ina landscape plan planted to provide temporary shade until adjacent trees reach maturity maybe designated asa "temporary shade tree",and maybe trimmed back or removed at such time as the surrounding trees require additional access to sunlight. (48)Topping:Theflat cutting of the top ofa tree,severing the main leader or supporting leaders,and or a process to flat-cut the top of a tree or to remove more than one-third of the tree crown. (49)Tree:Any self-supportingperennial woody plant that,at full maturity,hasa DBH of six or more inches with a minimum fully mature height of12 feet above grade. (50)Tree Abuse:Tree abuse shall include: (a)Damageinflicteduponanypartofa tree,including the rootsystem,bymachinery, construction equipment,cambium layer penetration,storage of materials,soil compaction, excavation,chemical application orspillageor change to the natural grade,or any intentional action or neglect significantly damaging the tree;or (b)Hat-racking;or (c)Girdling or bark removal of the trunk;or (d)Tearsandsplittingoflimbendsorpeelingandstrippingofbarkresultingfromimproper pruning techniques not in accordance with the current ANSI A300 Standards;or (e)Excessive root cutting;or (f)Damageinflictedtoorcuttinguponatreewhichpermitsinfectionorpestinfestation;or (g)Cuttinguponany tree which significantly destroysitsnaturalshape;or (h)Useofclimbing spikes;or (i)Any pruning that iscontrarytothepracticesestablishedbythe National Arborist Association;or 0)Any act that would cause a tree to become nonviable. (51)Tree Rempval:Directly or indirectly cutting down,poisoning,destroying,removing,or effectively destroying(through damaging,trimming,authorizing or allowing cuttingdown,destroying,or removing)any tree. (52)TreeRelocation:Movingan established tree from one locationto another ina manner that assures long-term viability. (53)Tree Permit:Thecitypermit required fortree removal,relocation,trimming or pruning ofan existing tree. (54)Tree service or arborist:Any person,company,corporation or service,which,for compensation, performs tree maintenance and protection. C.Elements of Compliance. (1)All property within the city shall besubjecttothe following regulations exceptas specifically exempted.No parcel within thecitymaybecleared,grubbed,filled orexcavated,nor shall any building be demolished,alteredor reconstructed in amanner which negatively impacts regulated trees,changesthesite plan,siteuseor increases the impervious surfaceareaexceptin compliancewiththissection20-4.5andsection20-4.5.1.Requirementsof these sectionsand Section20-3.5donotexemptpropertyownersfromcompliancewithany other sectionofthe City's Code of Ordinance and Land Development Code.However,the City shall be exempt from Ord.No.29-14-2207 the tree removal,relocation,pruningandtrimmingposting requirements forprojects involving City property or Rights of Way. (2)All trees required or permitted tobe planted pursuant to the requirements inthis ordinance shall be selected from the SouthMiami tree list.Tree species not appearing on the SouthMiami tree listmaybeplantedonlywithpriorapprovalofthecity manager ordesignee.Developments whichrequire16ormore shade trees shallhaveatleastfour different highquality shade tree species.The applicant or landscape contractor shall schedule an on-site meeting with the city manager or designee prior to the installation ofany trees or shrubs to ensure compatibility with infrastructure and compliance with landscape code requirements. (3)Where required shade trees are expected toconflictwith planned solar energy generation, developments or property owners may compensate for the required trees by proper pruningor relocating them to a designated area or preserving an equal number of existing high-quality shade trees elsewhere on the site.These trees shallbe located so that they can grow to maturity without obstructing the planned generation of solar energy,and the area where they are planted or preserved shallbe delineated and noted asa "designated tree area(s)"on the site plans. D.Landscaping Requirements -Applicability.Section 20-4.5 shall apply to all public and private development when a building permit is required,except for the following: (1)Bonafide agricultural activities:Any property receivingan agricultural classificationand assessment pursuant to Section 193.461 of the Florida Statutes,substantiated byaplan submitted indicating the area with the agricultural classification. (2)The requirements of §20-4.5.1(Q)shall not applytoexisting attached and detached single-family and duplex dwellings. (3)Parkinglot buffers will not be required if they cause the elimination ofany required parking pursuant to this code. (4)Routine maintenance suchas re-roofing and painting shall not be considered externalalterations 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 ERPB and/or a permit. E.Landscape Requirements -Submittals.All submitted landscape plans,irrigation plans,tree surveys and other required submittals must meet the approval criteria of the Planning and Zoning Department, (hereinafter referred toas the "Planning Department")prior to issuance of permits. (1)Minimum submittal criteria.All landscape plans must be drawn to scale and have a north arrow, and accurately depict allbuildings,pavement,on-site facilities,utilities andlighting systems.The landscape drawing or accompanying development plan must give the permitted useof adjacent parcels and the total square footage of all pavement on-site.Stormwater basins shallbe designated as either wet ordry.A plant schedule shallbe provided showing the botanical name, size,spacing and number of all required plant materials.Architectural symbols depicting trees to be installed shall not exceed the scale equivalent of five feet in diameter with asolidline;a hatched line around the solidlineshall show the expected canopy dimension after 20 years as identified in the South Miami tree list.Anynative tree or shrub maybe substituted for the identified plant withcity staff approval,provided that the tree or shrub is adaptable to the amount of sun/shade,wet/dry andsizeconditions where it will be planted.Changing tree species shall not diminish the total number ofhigh quality shade trees in their required locations.Plant Ord.No.29-14-2207 material shown inadditionto the required elements of the landscapeplanmaybelabeledas optional andshall not be subject to inspection. (2)Designprinciplesandstandards.Alllandscapedareasrequiredbythisarticleshall conform to the following general guidelines: (a)Thepreservationof structurally soundnativetreesofhighqualityshadetreespeciesand shrubsisstronglyencouragedtomaintainhealthy,variedand energy-efficient vegetation throughout the city,andtomaintainhabitatfornativewildlife species.Developments should be designed to preserve existingheritage trees,especially those located within 20 feet of the public right-of-way. (b)Thelandscapingplanshouldintegrate the elements of the proposed development with existing topography,hydrology andsoilsin order to prevent adverse impacts suchas sedimentation of surface waters,erosion and dust. (c)Thefunctional elements of the development plan,particularly the drainage systems and internalcirculation systems for vehicles and pedestrians,shouldbe integrated into the landscapeplan.Thelandscapedareasshouldbe integrated,especially to promote the continuity of on-site and off-site open space and greenway systems,and to enhance environmental features. (d)The selection and placement of landscaping materials should maximize the conservation of energy through shading of buildings,streets,pedestrian ways,bikeways andparkingareas. Where possible,shade trees shouldbeplantedalonginternalsidewalks that connect buildings to the street sidewalk and to other buildings on the site. (e)Landscaping designshouldconsiderthe aesthetic andfunctional aspects of vegetation,both when initiallyinstalledand when the vegetation hasreached maturity.Newlyinstalledplants shouldbeplacedatintervals appropriate totheir expected functionas short-term orlong-term elements.Thenaturalandvisual environment shouldbe enhanced through the use of materials which achieve a variety with respect to seasonal changes,species of livingmaterial selected,textures,colorsandsizeat maturity. (f)The placement of trees aroundbuildingsshouldpermitaccessto the buildingby emergency vehicles. (g)Theinstallation of invasivenonnativespeciesisprohibitedasisinstallation of anyspecies labeledas "Prohibited"in the most recently published version of the Miami-DadeCounty Landscape Manual. (3)Landscape Plans. (a)Owner-builder Single Family orDuplex Dwelling:Landscapeplans submitted for new one familyorduplexdwellingsmaybein the form of plotplansordrawingspreparedby the owner or the owner's representative,provided however,developments requiringsiteplanreview shall meet with the requirements of the section below and with Chapter 481,Florida Statutes. (b)All OtherDevelopment:Landscape plansfor development other thanprovidedforunder (a) above,shallbepreparedby,andbear the sealof,alandscapearchitectlicensedtopracticein the State of Florida,orbypersonsauthorizedtopreparelandscapeplansordrawingsunder Chapter481,Florida Statutes.Preliminarylandscapeplansshallbeprovidedaspart of the submission for site plan approval.Suchplansshall: i.Bedrawntoscale with dimensions andinclude property boundaries,north arrow, graphic scale,and date; ii.Includea vegetation survey,includingan aerial photographwhich outlines the subject site,provided at the same scaleas landscape plan(s); Ord.No.29-14-2207 iii.Delineate existing and proposed structures,parking spaces,and other vehicular use areas,sidewalks,utilities,easements,heightandvoltage of powerlineson the property or adjacent properties; iv.Indicate the common andscientificnameand quantity of plantstobeinstalledusing "LandscapeLegend"codeformatinaccordancewith the requirements of Section 20-4.5; v.Identify all landscape features andnon-living landscape materials; vi.Show allareas of vegetation requiredtobe preserved bylaw,including but not limitedto trees,specimen trees,native plant species,natural forest communities,native habitats and wetlands; vii.Illustrate geologic,historicandarcheological features to be preserved; viii.Depict stormwater retention/detention areas and areas excluded from maximum permitted lawn area; ix.Document zoning district,net lotarea,required open space,and maximum permitted lawn area; x.Show building coverage and the locationand dimension of greenbelt and water areas proposed for business andindustrial zones,asrequiredin the Land Development Code; xi.Complete "Preparer's Certification of Landscape Compliance"Final landscape plans submitted for permit shallincludeall of the above,aswellas the following: xii.Afully completed,permanently affixed "Landscape Legend"; xiii.Delineate critical layout dimensions for trees,plant beds and landscape features; xiv.Delineate method(s)to protect andrelocate trees and native plant communities during construction; xv.Delineate planting details and specifications; xvi.Delineate irrigationplans,as may be required by the zoning district; xvii.Delineate irrigation details and specifications,as required above;and, xviii.Include a notarized "Preparer's Certification of Landscape Compliance"at time of final inspection; xix.Include a Grading plan. (4)Vegetation Survey. (a)A vegetation survey shallbeprovidedforallsitesat the same scaleas the landscapeplan.The vegetation survey shallbe accompanied byanaerial photograph which outlines the subject site without obscuring its features.The vegetation survey shall provide the following information: i.The accurate locationandgraphic representation,in relation to existing development of all existing trees of a minimum two (2)inch DBH or ten (10)foot height,orfor native trees,of a minimum one and one-half (1 Vz)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 20-4.5 and section 20-4.5.1; ii.The boundaries of any native habitat,native plant community,native plant species, and/or Natural Forest Community andassociated understory that existsonsite,as determined by Chapter 24 of the code of Miami-Dade County. 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,orifa multiple trunk tree,the sum DBHforall trunks;and, c.An estimate of the height,canopy cover,andphysical condition of each tree,and whether specimen tree(s)exist on the site. Ord.No.29-14-2207 (5)Irrigation Plans.TheCity encourages xeriscape landscaping,however,if irrigation is planned,any irrigation plans shall be submitted whenever a landscape plan is required, (a)Foranew one family or duplex dwelling,the irrigationplanmaybe indicated onaplotplan 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)AII Other Development:Irrigationplansshallbe submitted with the initial,master building plans.Such plans shall: i.Be drawn on a base plan to same scale as landscape plans(s); ii.Delineate landscape areas,major landscape features and plant material zones (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 flow 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. F.Landscape Requirements.The following standards shall be considered the minimum requirements unless otherwise indicated: (1)Lawn area (turf). (a)Forall residential and mixed uses,lawn area shallbelimited to a maximum ofsixty(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. (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 shallbe planted in species well adapted to localized growing conditions inMiami- 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. (d)Exclusionsfrom 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 grasses which are very drought tolerant,as referenced in the Landscape Manual,aswell as tolerant to wet soils. 10 Ord.No.29-14-2207 (2)Irrigation.Anirrigation system,orareadilyavailable water supply within a distance of 100 feet, shallbe supplied forall landscaped areas.An automatic irrigation system shallbe provided for development,if the total area of impervious surfaces devoted to vehicular use areas exceeds 10,000 square feet.Suchirrigationshall promote water conservation by such methods asdrip irrigation and/or efficient sprinkler zoning,aswellas reducing the amount of irrigationasplants become established.Each required tree shallbe served byadripringor bubblers or other appropriate means necessary to ensure that the entire rootball is irrigated.The irrigation system shallbe designed and located to minimize the watering of impervious surfaces.Successful establishment of trees should occur within one year.After that time,use of the automatic irrigation system may be discontinued.All required trees that dieshall be replaced in the same manner andas required for mitigation of trees that are removed,and replanted trees shallbe irrigated for at least one year. (a)All newly-planted and relocated plant material shallbe watered by temporary or permanent irrigation systems until such time as they are established. (b)Irrigationshall be prohibited within native plant communities and natural forest communities, except for temporary systems needed to establish newly planted material.Temporary irrigation systems shallbe disconnected immediately after the establishment of plant communities. (c)Irrigation systems shallbe designed to conserve water byallowing differential operation schedules based on hydrozone. (d)Irrigation systems shallbe designed,operated,and maintained to not overthrow or overflow on-to impervious surfaces. (e)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. (f)Duringdry periods,irrigation application rates of between one (1)and one and one-half (1.5) inches per week are recommended for turf areas. (g)A moisture orrain sensor device shallbe required onallirrigation systems equipped with automatic controls, (h)Irrigation systems shallbe timed to operate only during hours andondays permitted in Chapter 32,Code of MiamiDade County, (i)Ifanirrigation system is not provided,a hose bibshallbe provided within seventy-five (75)feet of any landscape area. (3)Shading Requirements for Structures andA/CUnits.Treesshallbe planted toprovide shade to residential structures that are thirty-five (35)feet in height orless.At least two required lot trees shallbe positioned in the energy conservation zone as defined herein.All exterior air conditioning units,except forair conditioning units placedon the roof,shallbe shaded by trees and/or shrubs, as referenced in the Landscape Manual. (4)SiteTrees.Treepermitsornaturalforest community vegetation removalpermitsarerequired priorto removal of trees,specimen trees,orany vegetation inanatural forest community, respectively,pursuant to 20-4.5.1. (a)Treesize:All trees,except street trees,and trees located beneath power linesshallbea minimum of ten (10)feet highandhavea 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 witha minimum height of eight (8)feet anda minimum caliper of one and one-half (VA)inches at time of planting. 11 Ord.No.29-14-2207 (b)Minimum number of trees:Theminimum number of trees required under Section20-4.5for landscape plan submittals shallbeas follows: TABLE A Zoning Districts (and proposed districts)No.of Trees Required per Net Acre or Lot RS-1,RS-2 9 trees per acre of net lot area RS-3,RS-4,RS-5 3 per lot RT-6,RT-9,RM-18,RM-24,LO,MO 28 trees per acre of net lot area NR,SR,GR,PI,H,TODD,22 trees per acre of net lot area 1(Industrial)15 trees per net acre of lot area (c)Existing trees on site required tobe preserved bylawand that meet the size requirements in (a)above maybe counted toward fulfilling the minimum tree requirements. (d)ln addition to the number of trees indicated inTableA,additional trees (street trees)maybe required as provided in the previous sub-section,entitled Street Trees. (e)Grassed areas tobeusedfororganized sports asfootball,soccer or other similar sports or playgrounds that are clearly identified on landscape plans shall not be counted toward calculating tree requirements. (f)Prohibited and controlled plant species shall not be counted toward fulfilling the minimum tree requirements.Property owners shallbe encouraged to remove prohibited and controlled plant species.Prohibited and controlled plant species shallbe removed from the property before a permit for construction (other than for renovations of50 percent or lessofanexisting structure)is issued,andif issued,noworkshallbe permitted untilall prohibited and controlled plant species are removed from the site. (g)Fifty(50)percent of the required trees and/or palmsshallbe native species. (h)ln order to prevent adverse environmental impacts toexisting native plant communities, existing Cabbage Palms (Sabal palmetto)maybe 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 shallbe counted towards the minimum tree and native plant requirements. (i)Consideration shallbegivento the selection of trees,plants and planting site toavoid serious problems such as clogged sewers,cracked sidewalks,and power service interruptions. (5)Shrubs and Hedges minimum standards forsize,number and variety. (a)Shrubs shallbe provided at a ratio of ten (10)per required tree,however the Citymay determine that based on the cumulative landscaping on site,the ratio often (10)per required tree may be reduced to noless than five(5)per required tree.All shrubs shallbe minimum of eighteen (18)inches in height when measured immediately after planting. (b)Whenusedasavisual screen,buffer,orhedge,shrubs shallbe planted,as required under §20- 4.5 (F)and§20-4.5 (G),atamaximumspacingof thirty (30)inches on-center,orif planted ata minimum height of thirty-six (36)inches,shall have a maximum,average spacing of forty-eight (48)inches on-center and shallbe maintained soas to form a continuous,unbroken,and solid visual screen within a maximum of one year after time of planting. (c)Shrubs and hedges shallnotbe necessarily of the same species. (d)Thirty(30)percent of shrubs andhedgesshallbenativespecies. 12 Ord.No.29-14-2207 (6)Vines minimum standardsforsizeanduses.Vinesshallbea minimum of twelve (12)inchesin length immediately after plantingandmaybeusedin conjunction with fences,screens,orwallsto meet physicalbarrier requirements as specified.Planting of perimeter walls with vines is recommended asa deterrent to painting of graffiti. (7)GroundCoversminimumstandards survival andhedgereplacement.Groundcoverplantsusedin lieu of grass,in whole orinpart,shallbeplantedinsucha manner asto present afinished appearance and reasonable complete coveragewithin one (1)year after planting. (8)Mulch minimum standards for depth andrequireduse. (a)Weed-free mulchshallbeappliedandmaintainedina minimum three (3)inchlayerunderand aroundall trees andshrubs,andinaminimum two (2)inchlayerunderandaroundallground cover. (b)Theuse of mulch shallbe restricted toplantingareas. (c)Cypressmulchshall not beusedbecauseitsharvestdegradescypress wetlands. (9)Buffers Between Dissimilar Land Usesadditional requirements. (a)Additional Requirementfor Six-Foot Screening:Where dissimilar landusesexistonadjacent properties,and where suchareaswillnotbe entirely visually screened byan intervening buildingor structure from abutting property,that portion of sucharea not so screened shallbe providedwitha buffer consistingofasix(6)footwallorfencewithalife expectancy of atleast ten (10)years,orshrubswhichnormallygrowtoa minimum height of six(6)feet. (b)IncreasedStandardsforHedge Size/Spacing:Wherechainlinkfencingis permitted,shrubs shall alsoberequired.Shrubsusedasabuffershallbeaminimum of thirty(30)inchesinheightat time of planting,andshallbeplantedata maximum spacing of thirty-six (36)incheson center, ora minimum of thirty-six (36)inchesinheightat time of plantingandplantedata maximum average spacing of forty-eight (48)inches on center.Said buffer shallforma continuous screen between the dissimilarlanduseswithinone(1)yearafterplanting. (c)AdditionalTreesRequiredin Buffers:Buffersscreeningdissimilarusesshallinclude trees plantedata maximum spacingofthirty-five(35)feeton center withinaminimumfive(5)foot landscaped strip. (10)Parking LotBuffers.All parkinglotsadjacenttorights-of-wayorprivate streets shallbescreened byacontinuousplantingand/orthree (3)foothighwallwithaseven(7)footlandscapedstrip incorporating said planting and/or wall on private property.Planting materialattimeof planting shall beeitheraminimumheightofeighteen (18)inches,withamaximumaverage spacing of thirty (30)inchesoncenteroraminimumheightof thirty-six (36)incheswithamaximum average spacing of forty-eight (48)inches on center. (11)Landscaped Areasin Parking Lotstoexceedopenspace requirements. (a)Ten (10)square feetof landscaped area per parking space shall be provided within a parking lot.In ordertomaximizethe distribution ofshade,trees shall beplantedthroughoutthe interiorofthe parking lotataminimumdensityofonetreepereighty (80)squarefeetof landscapedarea,exclusive of parking lotbuffers.Planting areasforeach tree shallhavea minimum width of five(5)feet,exclusive of the curb dimension,andshallbeplantedor covered with other landscape materials. (b)This requirementisin addition to applicable required openspace.Planting areas shall bea minimum of twenty-five (25)square feet. (12)Plant Quality minimum standards. 13 Ord.No.29-14-2207 (a)All plants installed shall conform to,or exceed,the minimum standards for Florida Number Oneasprovidedin the most currentedition of "GradesandStandardsforNursery Plants,Part I and II,"preparedby the State of Florida Department of Agricultureand Consumer Services. (b)Trees installed pursuant tothis section shall haveone primary vertical trunkand secondary branchesfree of includedbarkuptoaheight of six(6)feetabovenaturalgrade. (13)Prohibitions. (a)Prohibited Plant Species shall notbeplantedand shall beremovedfromanysitewhichis subject to the requirements of this ordinance. (b)ControlledPlantSpecieslistedinthe Miami-Dade CountyLandscapeManualon the effective date of thisordinance shall notbeplantedwithin500feet of nativeplant communities as definedpursuanttoSection18-3,Codeof Miami-Dade County,Florida asmaybe amended or replacedfrom time totime.Additionally,theexoticpestplantandnuisancespecies,with scientific nomenclature as set forthin Wunderlin,RichardP.andHansen,Bruce F.,Guideto the VascularPlants of Florida,2nd Ed.Universityof Florida Press,Gainesville,FL.(2003),maynot besold,propagatedorplanted anywhere inMiami-DadeCounty.If present ona development or redevelopment site,suchplantsshallbe removed priorto development or redevelopment, and their sale,propagation,planting,importation or transportation shallbeprohibited. Pursuant to this subsection andin accordance with Chapter 19 of the Code of Miami-Dade County,Florida,developed sites shallbe maintained to prevent the growth or accumulation of prohibited plant species includinggrass,weeds and non-native undergrowth. (c)West Indian Mahogany (Swietenia mahagoni)shall notbeplantedwithinfivehundred (500) feet of a rockland hammock orpine rockland. (d)Tree Abuse is prohibited.Abused trees shallnotbe counted toward fulfilling the minimum tree requirements. (14)PruningTreesshallbeprunedin the followingmanner: (a)All cuts shallbeclean,flushandat junctions,lateralsor crotches.All cuts shallbe made asclose aspossibleto the trunk orparentlimb,without cutting into the branchcollarorleavinga protruding stub. (b)Removal of dead wood,crossingbranches,weak orinsignificant branches,andsuckersshallbe accomplished simultaneously with any reduction in crown. (c)Cutting of lateral branches that results in the removal of more than one-third of all branches on one side of a tree shallonlybeallowedifrequiredforhazard reduction orclearancepruning. (d)Lifting of branches or tree thinning shallbe designed to distribute over half of the tree massin the lower two-thirds (2/3)of the tree. (e)Trees shallbe pruned in the followingmanner: (i)Cutting of lateralbranches that resultsin the removal of more than one third(1/3)of all branches on one (1)side of a tree shallonlybeallowedifrequiredforhazard reduction or clearance pruning, (ii)Nothinginthissection shall beconstruedtoprevent the properpruningortrimmingof trees where necessary forproperlandscape maintenance and safety,provided that no more than one third(1/3)of the tree's living canopy orfoliageis removed ina one year period, (f)Trees shall bepruned according tocurrent ANSI A300Standardsandthe Miami-Dade County Landscape Manual. (15)Stormwater Retention/Detention Areas. 14 Ord.No.29-14-2207 (a)Stormwater retention/detention areas shallbe designed tomaximize the perimeter dimension, where feasible, (b)Stormwater retention/detention areas shallbe planted throughout withnative herbaceous facultative plants,with the following exceptions: i.In areas that are designated and actively used forplay and/or picnic areas,overflow parking,or sports shallbe planted with grasses which are very drought tolerant,as referenced in the Landscape Manual,aswellas tolerant to wet soils, ii.In areas where the minimum required stormwater retention capacity would be adversely affected. (c)Theminimum required number ofnative herbaceous facultative plants shallbe one plantper square foot of retention/detention area,including the slope.Minimum required herbaceous plant container sizeshallbe one and one-half (1.5)inches,commonly referred to asaliner. Sprigging,seeding,plugging,hydro-mulching or sodding with native herbaceous facultative plants grown fromlocal seed sources maybe used inlieuofliners.Herbaceous plants shallbe planted insucha manner asto present afinished appearance and reasonably complete coverage within one (1)year after planting. (d)Native facultative trees or shrubs maybeusedinlieuof native herbaceous facultative plants, provided that the minimum required stormwater retention capacity is not adversely affected. G.Landscape Requirements -City Standards forParkingLot Areas.All vehicular use areas,except those which are located withinor beneath structures and those servingsingle-familyor two-family residential uses,shall conform to the minimum landscaping requirements ofthis sub-section.To ensure that required landscaping in vehicular use areas isusedtoits greatest potential inrelieving the monotony ofand insuring circulation safety within such areas,the following standards are set forth: (1)Interior Improvements. (a)When the interior ofany vehicular use area is designed for purposes other than off-street parking,such asa service station,drive-inbanking 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,shallbe devoted to interior landscaping. (b)When the interior ofany vehicular use area is designed for off-street parking purposes,the following landscaping elements shallbe required inlieuof percentage requirements: i.Curbed terminal islands shallbe located at both ends of rows of contiguous spaces. Such islands shallbe not less than five(5)feet in width and extend the entire length of the spaces.Each terminal islandshallhave at least one (1)tree for every ninety (90) square feet of area,or portion thereof,andbe covered with grass or ground cover as needed to meet requirements under §20-4.5(F). ii.Curbed interior islands,which measure not less than five(5)feet in width and extend the entire length of the parking space,shallbe located withinrowsof contiguous spaces. There shallbe at least one (1)interior islandfor every eight (8)spaces within each row. Interior islands shallbeplaced at intervals of not less than six(6)nor more than ten (10) spaces,but shall not be required inrows containing six(6)contiguous spaces or less. Each interior islandshall have at least one (1)tree for every ninety (90)square feet of area,or portion thereof,andbe landscaped with grass or ground cover as needed to meet requirements under §20-4.5(F) iii.Interior islands need notbeplaced directly opposite each other when in abutting parkingrows.Anydesign arrangement which relieves monotony or increases tree coverage of the vehicular use area is permissible. 15 Ord.No.29-14-2207 (2)Triangles of Visibility. (a)All landscaping within required TrianglesofVisibility,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,withlimbs and foliage trimmed in such a manner as not to extend into Triangles of Visibility,shallbe permitted in said areas,provided that they in no way create a traffic hazard. (3)Wheel Stops (Bumpers)Required in Landscaped ParkingLot Areas. (a)Landscaped areas shallbe 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 shallbe installed to prevent such overhang, (b)Concrete wheel stops shallbe permanently anchored to the ground and located not less than thirty (30)inches from landscaped areas, (c)If the overhang area isleft unpaved,itshallbe landscaped according to this section and the abutting required perimeter buffer or divider median may be four (4)feet in width. H.Landscape Plans-Review Criteria.Landscape plans shallbe reviewed by the Planning Department in accordance with the following goals and objectives,and the guidelines and illustrations provided in the Miami Dade County Landscape Manual? (1)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,native vegetation (including canopy,understory,and ground cover)and Natural Forest Communities shallbe preserved to the maximum extent possible,and pursuant to the requirements of §20-4.5.1. (3)In order to conserve water,reduce maintenance,and promote plant health,plant species shallbe selected and installed based on their water needs,growth rate and size,and resource inputs. Plants with similar water needs shallbe grouped in hydrozones.Adequate growth area,based on natural mature shape and sizeshallbe provided forall plant materials. (4)Theplanshall include the useof 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 shallbe incorporated into the landscape plan. (5)Trees and shrubs shallbe planted in the energy conservation zone where feasible,in order to reduce energy consumption by shading buildings and shallbe used to reduce heat island effects by shading paved surfaces. (6)Street trees shallbe used to shade roadways and provide visual order.Where feasible,selected species shallbe used to establish a road hierarchy by defining different road types. (7)Special attention shallbegivento the useof appropriate species located under or adjacent to overhead power lines,near native plant communities,and near underground utilitylines. Adequate growth area shallbe provided forall plant materials. (8)Landscapingshallbe designed insuchawayastoprovidesafeand unobstructed viewsat intersections of roadways,driveways,recreational paths,and sidewalks in accordance with §20- 3.6(G). 16 Ord.No.29-14-2207 (9)Historic landscapes and landscape features designated by the local,State,or the Federal government shall be preserved. I.Certificate of Compliance -Required Adjustment to Requirements Permitted. (1)A Preparer's Certification ofLandscapeCompliance bearing the original letterhead of the designing firm and licensing number shallbe submitted to and approved by the Planning Department,prior to issuance of anyfinal 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 and 20-4.5.1 have been met.Any changes or substitutions to the approved planshallbe approved by the original designing firm prior to the implementation of said changes and substitutions.All changes or substitutions to the approved planshallbe noted onall copies.Changes and substitutions of plant material shallbeof similar quality,quantity and size,as originally approved and shall bein compliance with the intent and requirements of Section 20-4.5 and §20-4.5.1. (2)Fora new single-family,duplex residence onitsownlot 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). (3)ThePlanning Department shallhave the rightto inspect all projects for compliance priorto issuance of a Certificate of Occupancy,a Certificate ofUse and Occupancy,or a Certificate of Completion. (4)Owners are responsible to ensure that landscaping required tobe planted pursuant toSection20- 4.5 and §20.4.5.1,and all previous versions,now amended,is:(1)installed in compliance with the landscape requirements;(2)maintained asto present a healthy,vigorous,and neat appearance free from refuse and debris;and(3)sufficientlyfertilizedand watered to maintain the plant material ina healthy condition.If the roots ofa Ficus tree are shown tobeinvading the septic system ordrainfieldofa neighboring property or disturbing a structure,includingasidewalkor roadway,the roots shallbe contained byan effective root barrier,or,if the barrier fails to contain the roots,the tree shallbe removed andallsuch remedial actionshallbeat the expense of the owner of the property where the trunk of the tree is located. (5)Ifany tree orplantdieswhichisbeingusedtosatisfy current landscapecode requirements,such tree or plant shallbe replaced with the same landscape material or an approved substitute within 60daysofacomplaint.4 (6)ThePlanning Division shallwithholdapprovalofafinallandscapeinspectionpriortoissuanceof the finalCertificateofOccupancy,CertificateofUseandOccupancy,orCertificateofCompletion untila Preparer's CertificationofLandscapeCompliancehasbeen approved by the Division. (7)The Environmental Review &Preservation Board [ERPB]mayrecommendtothe City Commission adjustment to the requirements of Sections 20-4.5 (F)&(E),and§20-4.5.1(Q);under the following procedures: (a)The ERPB onreceiptofapplicationforadjustmentoflandscaping requirements shallhavethe authorityanddutytoconsiderandactuponsuchapplication.Theapplicationshallbefiledby theowneror tenant ofthepropertyconcerned,orbyauthorizedagentsasevidencedby 17 Ord.No.29-14-2207 written power of attorney,on forms prescribed by the Planning Department and accompanied by the ERPB application fee. (b)In the application,the applicant shall state clearlyandin 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. (c)The ERPB may approve,modifyordeny the requested adjustment,butshall approve ormodify such request onlyifit determines that approval of any adjustment would not be contrary to the public interest and would bein keeping with and would preserve the intent of Section 20- 4.5,and §20-4.5.1 (d)Procedures regarding Board actions and appeals from the decisions of the E.R.P.B.shall follow the regulations set forth in Section 20-6.2 SECTION 20-4.5.1 TREE PROTECTION A.Tree Permit Applications,Requirements and Review,Fees. Except as provided herein,no tree may be removed relocated,trimmed or pruned without a permit and mitigation as provided for in this section which maybe issued or denied notwithstanding any recommendation to the City Manager for approval by the Environmental Review and Preservation Board. Only the City Commission may approve the removal,relocation or replacement of a heritage or champion trees.A tree ina landscape plan,planted to provide temporary shade until adjacent trees reach maturity may be designated asa "temporary shade tree",and which may be trimmed back or removed at such time as the surrounding trees require additional access to sunlight. (1)Permit Required.A tree permit shallbe required for the removal or relocation ofany tree within the City.The removal of trees that are prohibited or exempted by Section 20-4.5.1 (N)shall require a permit,in advance of any such removal,but no fees shallbe charged for said permit.A tree permit shall also be required for the pruning or trimming of more than 1/3 of the canopy ofa tree.No person,agent or representative thereof,directly or indirectly,shall cut down,remove, relocate,or effectively remove any tree onany property,without first obtaining a tree permit as hereinafter provided.Nobuilding permit foranyworkon the subject site,includingnew construction,additions,carports,pools,decks,fences,driveways,parking lots,tennis courts, demolition,or similar work,shallbe issued by the Building Department unless the Planning Department has determined that avalid tree removal,relocation or trimming permit has been issued in accordance with this section.Miami-Dade County retains authority forall applications for Mangroves and natural forest communities work. (2)Application Requirements.Permit applications shallinclude the name of the property owner, address where tree work willbe performed,tree species and diameter,nature of the work,and reason forremovalofa tree.The permit application shallbesignedby the property owner and,if applicable,its authorized agent.Applicationsfor tree removalshallalsoincludeascaleddrawing of the siteshowing tree sizeandlocation,anda statement ofhowany other regulated trees areto be protected duringany approved tree removalandany associated construction orclearing,or grade changes.Thecity manager or designee shall attempt to verify the information contained in the application andshall either approve ordeny the application astoeach regulated tree proposed to be removed.Applications for removal of Heritage trees,which cannot be relocated, may only be approved by resolution of the City Commission. 18 Ord.No.29-14-2207 (3)Criteria forTreeRemoval,Relocation,andReplacement.Replacement trees arerequiredtobe plantedto mitigate Specimen tree removaland$1,000shallbepaidinto the City'sTreeTrust Fund in addition to any required mitigation. (4)Imposition ofadditional conditions.Thecitymanagerordesignee,asappropriate,mayimpose other reasonable conditions where need is demonstrated.Such conditions may include restrictions on percentage of canopy removed or the prohibition of tree removal from certain portions of the site under consideration.Thecitymanager,as appropriate,shallbeguidedby,but not restricted to,the following criteriain imposing such additional conditions: (a)The need toprovide buffers to adjacent developed property; (b)The need to protect soilshighly susceptible tosoilerosionas identified by the soil survey of the county; (c)The need to protect slopes in excess often percent (d)The need to protect existing wetlands,floodplains andflood channels and other environmentally sensitive areas as shown on existing maps,photographs and other reliable and available sources; (e)Anyorall of the following conditions mayberequired: (i)Theapplicantmayberequiredtoredesign the projectto preserve specimen tree(s),or any other tree determined by the City Manager to be of substantial value due to its species,size,age,form and/or historicalsignificance,and to providean alternate plan, when feasible,whichshallinclude the preservation of said tree(s)anddesignany alterations within the scope and intent of the initially proposed plan. (ii)Where practical,specimen trees,orany other tree determined by the CityManagertobe of substantial valueduetoitsspecies,size,age,form and/or historicalsignificance,that is proposed for removal shallbe relocated onor off-site.The applicant shall adhere to acceptable tree relocation specifications,in accordance with ANSI A300 Standards. (iii)Ifitisimpracticaltorelocatesaidtree(s)eitheronoroff-sitebecause of viability concerns,the applicant shallbe required to replace all trees permitted to be removed in accordance with the tree mitigation requirements in tree removal Section of this ordinance. (iv)TheCityManagermayrequire that the applicantprovidea written reportfroma CertifiedArborist before makingany determinations in conjunction withthis section. TheCityManagerandCityArboristmayalsorequire monitoring andperiodicreporting byaLicensedLandscape Architect orCertifiedArboristduring construction toassure tree preservation. (5)Applicationsshallbe made on the formprovidedfor that purposeandshallincludea written statement indicating the reasons for the permit.Thefollowing documentation andallapplicable fees shall accompany each application. (a)For applicationsfortreeremovalinconjunctionwithnewconstruction,includingadditions, pools,driveways,parkingspaces,sidewalks,recreational facilities,anddecks,a tree survey drawntoscaleidentifyingthespeciesand listing theheight,spreadanddiameterof all existing trees shallbe provided.Said survey shallbeprepared,signedandsealedbyaProfessional Land Surveyor,licensed in the State of Florida. (b)For applications fortreeremovalinconjunctionwithanyotheractivity requiring a building permit,orforany other tree removal,asiteplanprepared,signedandsealedbyaProfessional Land Surveyor,licensedin the Stateof Florida drawntoscaleidentifying the speciesandlisting the height,spreadand diameter of all existing trees shallbeprovided.Said siteplanmaybe limitedto the immediate areaoftheproposedwork,andphotographsoftheexistingtrees 19 Ord.No.29-14-2207 within said area may be acceptable inlieuof tree identification regarding species,height, spread and diameter,provided those photographs permit identification by the City Arborist. (c)A tree disposition plan that is prepared,signedand sealed byaFloridalicensed professional who holds an Architect,Landscape Architect or Land Surveyor license,that is drawn to scale, and that provides the numbering,identifying,and listingall existing trees and specifying the condition of each tree and whether said trees are to remain,to be removed and/or to be relocated.Thisplanshallalso illustrate the location of all existing structures and/or all proposed new construction,as applicable,the location of any overhead and/or underground utilities and the new locations of existing trees to be relocated on site. (d)A tree mitigation plan prepared in accordance with the tree mitigation Section ofthis ordinance. (1)All of the required plans,data or other information required with the application shallbe included on the proposed development plan or on the supporting documents submitted with the plan or the plat.The following requirements apply: (a)Decisionson tree removal shallbe based ona qualitative tree survey performed bya landscape architect licensed to practice in the State of Florida under CH 481 FS,and evaluated by the City. The landscaping plan shall show all trees tobe preserved,provide for protective tree barriers that meet the requirements of this tree protection ordinance,and specify the details of the mitigation required in this section. (b)The requirements for mitigation of regulated trees approved for removal as part of development plan or subdivision plat review are as follows: I •••— Category Mitigation Specimen trees,in fair or better condition Mitigation payment based on tree appraised value,limited to three trees per acre averaged over the entire site.If more than three trees per acre in this category are located on the site then the trees with the highest tree appraised value throughout the site shallbe used to calculate the payment.Heritage trees proposed for removal in excess of the overall average of three per acre shall require mitigation trees on an inch-for-inch on a diameter basis. Specimen trees of other Ithan high quality species,in fair or better |condition Mitigation trees on an inch-for-inch diameter basis. Any Specimen trees in less than fair or better condition;and any other regulated tree Mitigation trees consisting of two trees of high quality shade species established for each tree removed. (6)When the replacement planting requirements ofthis ordinance cannot bemet,the Cityshall collectfunds according to the City's tree valuemitigation chart whichshallbe deposited in the Tree Trust Fund. B.Review of Application. 20 Ord.No.29-14-2207 (1)Removal andmitigationofregulated trees subjectto subdivision or development planapproval. When tree removalorrelocationis contemplated inconjunctionwithany development requiring approvalofafinalplatorfinalwaiverofplat,upon receipt of approval of the plat,priortofinal siteplanapproval,apermitlimitedtoactivitiesnecessarytoprovideforsite preparation shallbe considered and either approved or denied. (2)Uponreceiptofacompletedapplication,the Planning Department and the City Arborist,shall review said application for compliance with the regulations as set forth in this Section.Such review shall include afield inspection of the site,photographic record of the trees on the site and referral of the application to other departments or agencies as necessary,andshall ensure that the applicant takes all steps reasonably necessaryto preserve or relocate existing trees priorto receivinga tree permit.If the tree permit isbeing requested in conjunction withortomakeway for construction forwhich site plan approval is required,no action shallbe taken on the tree permit application until the site planis approved.Within15 calendar days after site plan approval,if applicable,or the receipt ofa completed application,the Planning Department shall issue a notice ofits intended decision ona preliminary approval ofan application,If the request fora tree permit isforan unhealthy,damaged,or dying tree,or if the tree poses a threat to persons or property,documentation of such condition by the City Arborist shallbe included in the preliminary approval of the application. (3)Preliminary approval foranapplication involving tree removalactivityshallbe granted onlyif the Cityfinds that all reasonable efforts have been undertaken in the architectural layout anddesign of the proposed development to preserve existing trees and to otherwise enhance the aesthetic appearance of the development by the incorporation of trees in the design process.Upon the issuance ofa preliminary approval,root pruning of trees designated tobe relocated maybe immediately commenced pursuant to the preliminary approval;provided,however,that no actual removal ofa tree shall take placeuntil issuance of the final tree permit. (4)Notice.At the end of the next business dayfollowing the completion of the PreliminaryApproval review ofan application fora tree permit,the Planning Department shallnotify the applicant of the Planning Department's intent to issue the Preliminary Approval ("Notice of Intent").The applicant shall post the Notice of Intent,on or adjacent to the property,ina location visible to the general public for at least 10 continuous calendar days prior to final permit issuance and shall,in writing,notify the Planning Department that the Noticeof Intent was posted and include the date of the posting and photographic evidence of the same.The Notice of Intent must state the date of the issuance of the notice,the date of the posting of the notice andshall advise the public that any objection substantiated bya licensed arborist,certified under oath,that the trees to be removed or relocated do not meet the requirements of this tree protection ordinance ("Certificate of Non-compliance"),must be made byfilinganoticeof appeal and the original Certificate ofNon compliance with the CityClerkwithin10 calendar daysof the date of the posting of the notice. The appeal shallbein accordance with Section 13-27of the CityCode,other than as to the time forfiling the appeal,which under these circumstances is10days. C Issuance of Permit.Ifno appeal isfiledwith the CityClerk,as stated in the posted Noticeof Intent,on or before the end the 10 calendar daynoticeperiod referred toabovein subsection (5),the permit may beissued.The tree permit shallbe posted by the applicanton the property where itisclearlyvisibleto the general public,commencing on the date ofitsissuance,anditshallremain posted until the authorized workis completed.The property owner shallberesponsibleforinsuring that the tree permitisdisplayed 21 Ord.No.29-14-2207 until the city declares in writing that the authorized workis completed and the permit has been honored without damage to trees. (1)The property owner shallprovide the City Manager witha performance bondinaform approved by the City Attorney,if required by the City Manager: (a)TheCity Manager mayrequire the postingofa performance bondto guarantee compliance with all conditions,limitations,and restrictions of the tree permit,including,but not limited to, planting of all required replacement trees. (b)The bond shallbe equivalent to one hundred fifty percent (150%)of the estimated replacement cost of the trees to be removed at maturity or any other permitted activity and, with the written consent of the City Manager,maybein the form of a letter of credit from an FDIC insured institution,surety,cash,or certificate of deposit. (c)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 ofall replanted trees has been achieved,whichever occurs last. (2)All tree permit applications which remain incomplete fora period of one hundred twenty (120) days shall expire and be null and void at the end of that period of time.A new tree permit application shall be required for all work previously proposed under a permit application which has expired or that has been denied or rejected.Approved permits shall expire,if work as specified,is not commenced within one hundred and eighty (180)days of issuance of the permit. [X Fees.Fees shall be as set forth in this ordinance or as established in the City's Fee Schedule,the latter of which shall take precedence in the event of a conflict.Applications submitted by government agencies for tree removals solely in areas dedicated to public use may,at the discretion of the City Commission,be exempted from application fees and permit fees. E.Final Inspection.No later than 18 months following the completion of the authorized work,the applicant shall schedule afinal inspection with the City Arborist for verification of compliance with authorized work including any required maintenance of the foliage. F.Tree Trust Fund. (1)There is hereby created a Tree Trust Fund,the purpose of which is to acquire,protect,and to plant trees on public property. (2)Disbursement from 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 or for the preservation of trees through the purchase of lands.This fund shall not be used for or toward the installation of new trees that would already be required for a development. (3)Source of monies for the Tree Trust Fund.Said Tree Trust Fund shall consist of contributions inlieu of,or in conjunction with,required replacement plantings under this tree protection ordinance. TheCityshall collect funds designated for the Tree Trust Fund when the replacement planting requirements of this ordinance cannot be met and from other sources. (4)Minimum species diversity standards.When more than ten (10)trees are required tobe planted,a diversity of species shallbe required.The number of species to be planted shallbe based on the 22 Ord.No.29-14-2207 overall number of trees required.The applicant shall be required to meet the minimum diversity standards as may be set by the City from time to time. G.Tree Mitigation.All tree mitigation required by this ordinance shall be accomplished in accordance with the requirement set forth in the Miami-Dade County Landscape Manual and or Miami-Dade County Chapter 24-49,aswell as in compliance with the provisions of this Section.All replacement trees shall be a minimum of aFlorida Grade 1 per the grades and Standards of the State of Florida. (1)Prohibited/Exempt PlantSpecies.Mitigationshall not be required for the removalofany prohibited species unless it meets the canopy exception for prohibited plant species. (2)TreeQuality.Trees installed as mitigation in accordance with this section shall conform to,or exceed,the minimum standards for Florida Number One as provided in the most current edition of "Grades and Standards for Nursery Plants,Part I and II,"prepared by the Florida Department of Agriculture and Consumer Services.Trees shallbe planted according to sound nursery practices as illustrated in the Landscape Manual and Landscape code Chapter 18Aof the MDC code. (3)Off-Site Mitigation.If the total number of trees required asmitigation cannot be reasonably planted on the subject property,the applicant may enter into agreement with the City,toplant excess number of replacement trees onpublic property within the City or at the option of the City to make a payment to the Tree Trust Fundin accordance with the schedules herein. (4)Tree Trust Fund.If the total number of trees requiredasmitigation cannot be reasonably planted on the subject property,or at the City's direction,asan alternative to the off-sitemitigation providedin the TreeremovalSectionofthis ordinance,the applicant shall contribute to the City's TreeTrustFund the sumof$500.00perinch DBH requiredasmitigationin accordance with the Tree removal Section of this ordinance. H.Mitigation Methods (1)Unless otherwisespecifiedinthis tree protectionordinance,wheremitigationisrequired,itshall beallowedbytwo methods,mitigation trees (onaninch-for-inchbasisoras otherwise specified) and mitigation payment.The amount ofmitigationisas specified herein below. (2)Mitigation trees shallbeofhighquality shade speciesasidentifiedon the SouthMiami tree list, meeting the specifications ofandsitedin accordance with the requirements ofthis tree protection ordinance.Theinstallationofnew trees fora development asrequiredbythis chapter may count as mitigation for trees removed from the site,except where those removed trees are ofa high-quality species.Thepreferenceisformitigation trees tobeplantedon the site,but whereitis demonstrated that noacceptablespaceis available,mitigation treesmaybeplanted offsitewithincity limits.In these instances,therequiredmitigation trees maybeestablishedona differentsite within thecity limits approvedbythecitymanagerordesignee,orthecitymanager ordesigneemayallowa payment inan amount tobemadeto the cityTreeTrustFundinan amount as set forth in this ordinance. (3)Paymentshallbemadepriortoreceiptoftreepermit,oratsuch other timeas specified ina developmentorder.Mitigation payments received bythecityshallbedepositedinthecityTree Trust Fund. L Tree Preservation During Development and Construction 23 Ord.No.29-14-2207 (1)TreeProtectionDuringConstruction.A photographic record of the trees within the proposed barrierareashallbe made by the City Arborist before any permit,including a demolition permit,is issued.Trees shall be protected during construction through the use of protective barriers in accordance with the MiamiDade County Landscape Manual or other nationally recognized arboricultural standards approved by the city manager or designee shallbe used as guidelines for tree protection,planting,pruning and care during development and construction. (2)Trees that aretoremainonsiteor to be relocated,shallbeclearly identified with atag,including an identification reference to the tree survey required aspart of the landscape planor tree permit.A protected area within the dripline of the tree or within a radius of 10 feet measured from the tree trunk,whichever is greater,shallbe maintained around trees to remain in accordance with the Landscape Manual,unless the city's certified arborist City Manager otherwise determines in writing that a smaller orlarger protected areais acceptable for each tree,oran alternative tree protection method is approved. (3)During demolition and/or development,includinginstallation of irrigation systems orany other underground installations,protective barriersshallbe placed around each tree andshall remain in order to prevent the destruction or damaging of roots,stems or crowns of such trees,and to prevent the deposition of any fillor compaction to the drip zone of the tree.The barriers shall remain inplaceand intact untilsuch time as approved landscape operations begin;however, barriers may be removed,subsequent to written permission from the City after an onsite inspection,temporarily to accommodate construction needs,provided that the manner and purpose forsuch temporary removal will not harm the trees.The trees shallbe properly irrigated throughout the building process.Persons who cause tree damaged during construction shallbe subject to the penalties set forthin the provisions of Section 20-4.5.1(L).Understory plants within protective barriers shall be protected. (4)Barriers required.Prior toclearing,demolition,or other construction activities,the citymanageror designee shall determine which trees,ifany,require protection.Protective barriersshallbe constructed,as necessary,to prevent the destruction or damaging of regulated trees that are located within 50 feet of any construction activity or storage of equipment and materials.Barrier placements along subdivision streets areregulatedin accordance with the provisions of this section.Trees identified for preservation whichare destroyed or severely damaged shallbe mitigated in accordance withthis section priortoissuance of a certificate of occupancy oruse.To avoid conflicts between barrier placements and demolition and construction activities,barriers shallbedrawntoscaleon the demolition,gradingandpaving sheets of the development plan. (5)Barrierzones.All regulated trees inareas of demolition or construction that have not been permitted nor designated forremovalby either the terms of the permit or approved development ordershallbe protected bybarrierzoneserectedandinspectedpriortoconstruction of any structures,road,utilityserviceor other improvements.Barricadesshall comply with the following: (a)Protective barriers shall be plainly visibleand shall createacontinuousboundaryaroundtrees or vegetation clusters inorderto prevent encroachment by machinery,vehicles orstored materials.Tofurther protect tree roots,alayer of wood chipsatleasteightinchesthickshall cover the soil within the barricade.Barricades must be at least three feet tall and must be constructed of either wooden corner posts atleast two byfour inches buried at least one foot deep,withatleast two courses of wooden sideslatsatleast one byfourincheswithcolored flagging orcoloredmeshattached,orconstructedofone-inchangleironcornerpostswith brightly colored mesh construction fencing attached.Heritage trees shall beprotectedby galvanizedchainlinkfencingaminimumof48incheshigh,11-gauge wire,two-inchmeshsize 24 Ord.No.29-14-2207 securedwith17/8inchlinepostsnofurtherthan10feetapartsecuredatadepthofthreefeet belowsoilline.Corners shall besecuredwith23/8inchlinepostssecuredtoadepthoffour feet below soil line. (b)Barriers shallbeplacedat the greater of the following: (i)Ator outside the dripline for all heritageandchampion trees and all regulatedpineand palm trees; (ii)Ata minimum of two-thirds of thearea of the driplineforall other regulatedspecies;or (iii)At the tree root plate. (c)Ifcomplyingwith the aboveplacementof barriers isfoundtoundulyrestrict development of the property,the citymanagerordesignee,or the appropriatereviewingboardmayapprove alternative barrier placements or methods of protection provided that atleast50 percent of the area under the canopy driplineremains undisturbed (nograde change orrootcut)and further provided that there shallbeno disturbance to the tree root plate.Protective barriers may not be removed or relocated without such approval. (d)Nograde changes shallbemadewithin the protective barrier zones without priorapproval of the city manager or designee.Where roots greater than one inchin diameter are damaged or exposed,they shallbe cut cleanlyand re-covered with soil within one hour of damage or exposure. (e)Protectivebarriersshallremaininplaceandintactuntilsuch time aslandscape operations begin.If construction needs dictatea temporary removal(forless than 24hours),the city manager or designee,may approve or deny the temporary removal of protective barriers. (f)Landscapepreparationin the protected areashallbelimitedtoshallowdisking of the area. Diskingshallbelimitedtoa depth of fourinchesunlessspecifically approved otherwise by the city manager or designee. (6)Nogas,oil,fill,equipment,buildingmaterialsorbuildingdebrisshallbeplacedwithin the areas surrounded by protective barriers,norshall there be disposal of any waste materials suchas paints,oils,solvents,asphalt,concrete,mortar or any other materials harmful to trees or understory plants within the areas surrounded by protective barriers. (7)Treesshallbebracedinsuchafashionastonotscar,penetrate,perforate or otherwise inflict damage to the tree. (8)Natural gradeshallbemaintainedwithinprotective barriers.In the event that the naturalgradeof the siteis changed asaresult of site development,such that the safety of the tree maybe endangered,tree wells or retaining walls may be required. (9)Undergroundutilitylinesshallbeplaced outside the areas surrounded by protective barriers.If said placement is not possible,disturbance shallbe minimized byusing techniques suchas tunneling. (10)Fencesandwallsshallbe constructed toavoiddisturbancetoany protected tree.Postholesand trenches locatedcloseto trees shallbedugbyhandandadjustedasnecessary,using techniques suchas discontinuous footings,toavoiddamagetomajorroots. (11)Ifanypreserved tree isnotaliveandhealthy three yearsafterthecertificateofoccupancyis granted,itshallbe removed andreplacedwith the tree or trees that originallywouldhave been requiredbythis code.Thearea that was preserved to accommodate the preserved tree shallbe maintained inan unpaved condition and the replacement trees established in this area. 25 Ord.No.29-14-2207 (12)The Planning Department shall maintain,and make available to the public,descriptions and illustrations of tree preservation and protection practices which will assist in assuring that preserved trees survive construction and land development. (13)Inspections.Thecity manager or designee shall conduct periodic inspections of the site before work begins and/or during clearing,construction and/or post-construction phases of development in order to ensure compliance with these regulations and the intent of this section. (14)Denial;conditions.Thecity manager or designee may deny a proposal for development because one or more champion or heritage trees have not been preserved or adequately protected,or may require special conditions of approval that may include but are not limited to the following: (a)Requiring the trees to be protected with chain-link barricades. (b)Requiring asoil aeration system in the vicinityof tree roots as needed,particularly where fill will be added over roots of preserved trees or where compaction may reduce the availability of water and oxygen to tree roots. (15)Nativetrees.At least Fifty(50)percent of trees on the required landscape plan should be native species.Cultivars of native trees are considered native species. (16)Pruning.All trees maybe pruned to maintain shape and promote their shade-giving qualities and to remove diseased or dying portions in areas where fallinglimbs could bea hazard to people or property.Tree pruning shall be done in accordance with the most current version of the American National Standard for Tree Care Operations "Tree.Shrub and Other Woody Plant Maintenance" (ANSI A300)and"Pruning.Trimming.Repairing.Maintaining,andRemoving Trees,andCutting Brush—Safety Requirements"(ANSI Z133).The pruning or trimming ofany tree shallbein accordance with guidelines in the LandscapeManual.No more than 25 percent ofa tree's living canopy shallbe removed withina one-year period.No more than 25 percent of the crown should beremovedatonetime.Onyoung trees,limbremovalshallleavenomore than 33 percent of the trunk bareof branches.So that shade trees cangrowwith sturdy structure,the top branchor leader shall not be removed.Hooks or climbingspikesshall not beusedtoclimb trees unless the tree isbeing taken down.Mature trees overgrowingvehicularuse areas shallbe pruned toallow the passageof emergency vehicles.Excessive pruning,pollarding,orpruningof trees intoround ballsofcrownorbranches,whichresultsinanunnecessaryreductionofshadeandpromotes weak branch attachments is prohibited. (17)Thepracticeknownas"Hat-racking"isnot permitted andshallbeconsideredaviolationof section 20-4.5 and section 20-4.5.1. (18)Any other tree abuse,or activity thatcan effectively destroyatree,shallalsobeconsidereda violation of this section. L Authority to Supervise,Enforce,Modify,and Supplement Regulations. (1)Planning Department.It shall bethedutyofthe Planning Department to coordinate with the City's Arboristandpublicworkspersonneltoensurecompliancewiththeregulationscontainedherein andtocooperatewith,andassistthecodeenforcementpersonnelintheprosecutionofany violation of this section. (2)Code Enforcement Division.It shall bethedutyofthe Code Enforcement Division ("Code Enforcement")to prosecute violationsof the regulations contained herein.TheCodeEnforcement Division mayprosecute violations in conjunction andcooperationwiththe Planning Department or on its own initiative. 26 Ord.No.29-14-2207 (3)Police Department.In instances in which a person is found cutting or otherwise causing the destruction of a tree without a permit,in addition to the Code Enforcement agency,the South Miami Police Department shall require such person or persons to cease such operations until the necessary permit is obtained. (4)City Manager.Thecity manager is hereby authorized to enter into agreements with the owners of private property located within the city for the purpose of acquiring easements to plant trees on such property and in consideration for such agreement the private property owner shall acquire ownership of such trees as the city may plant;provided,however,that any such agreement shall limit the duration of the easement to a time period of two years and shall limit the property interest acquired by the city to that distance sufficient to allow the planting and initial maintenance of trees,but inno case to exceed a maximum of a 22-foot setback from the property line or right-of-way held by the city.Provided further,that under such agreement the private property owner shall agree to subsequently maintain the trees planted thereon and shall also agree to hold the city harmless for any liability attributable to the planting or presence of the trees on the private property. (5)Special Master.TheSpecial Master hearing any appeal or protest of a penalty issued pursuant to this section shall determine ifa violation of this tree protection ordinance has been committed and shall not have discretion to lessen the fine set by this ordinance. Enforcement. (1)Jurisdiction.TheCityshall have jurisdiction for the proper and effective enforcement of this section.The City shall have the right to inspect subject properties in accordance with the approved tree permit and the provisions of this section. (2)Individual Enforcement.Each tree removed without a tree permit shall constitute a separate and distinct violation and shallbe the subject of individual enforcement. (3)TreeViabilityAfter Project Completion.If the City determines that any tree,that is required tobe planted pursuant to a tree permit,is not viable,alive,and growing,one year after all associated development activity on the property is completed,the Cityshall require that said tree be replaced with the same tree species andsizewhichwasoriginally planted or relocated,as per the approved tree permit or may assess penalties as prescribed in this section forillegal tree removal. Such penalties shall be deposited in the Tree Trust Fund. (4)Any person whoviolatesthis tree protection ordinance shallbe required topayafineandshallbe, in addition topayingafine,required tomitigatedin accordance with the tree mitigation requirements of this ordinance. (5)WithholdingofaNew Building Permit.Theremovalofany tree inviolationofthis section shall constitute grounds for withholding newbuilding permits for the subject property until the violationhas been corrected,including the payment ofallfinesand the plantingofall trees required asmitigation,pursuant tothissectionhas occurred to the satisfaction of the City. Alternatively,in order to obtain the newbuildingpermit,the person inviolationmayposta performance bond pursuant to255.05ofthe Florida Statues naming the CityofSouthMiamias Obligee.Thebondshallbein the amount often percent of the construction costor ten percent of the appraised valueof the property,whicheveris greater.Thebond will bemaintainedinplace until the violation has been corrected,pursuant to this section. 27 Ord.No.29-14-2207 (6)Withholding ofa Certificate ofOccupancy.ThePlanning Department shall not approve the zoning inspection required for a temporary orfinal Certificate of Occupancy untilall violation of this section have been corrected,including the payment of all fines and the planting of all trees required as mitigation,pursuant to this section. (7)Occupational License.The occupational licenseofany person who performs any services in the City and who violates this ordinance shallbe suspended,or if yet to be issued,shall not be issued, until the violator has complied with this ordinance,paidall fines incurred and complied withall requirements for tree mitigation. (8)Remedies Cumulative.The remedies provided in this section shallbe cumulative to all remedies provided bylaw and/or equity,and the election of one shall not preclude the other. (9)Costs and Fees.In the event the City institutes anycivil action to enforce the terms of this section ina court of competent jurisdiction,the Cityshallbe entitled to recover the fines imposed pursuant to the violation(s),the cost of trees required as mitigation,the costs associated with the investigation and prosecution,inclusive of a reasonable attorney's fee for prosecuting attorney, together with any equitable and legal remedies deemed reasonable and proper by the court. L Penalties,Remedies Cumulative. (1)Fine.Any person,and each agent thereof,including the owner,who,without an appropriate permit required by this ordinance,relocates,trims or removes a tree,and/or orders,instructs or allows others to relocate,trim or remove a tree in violation of this ordinance shall(i)comply with the tree mitigation requirements of this ordinance in the form of replacement trees or,if replacement is not possible,shallpay the amount required inlieu of replacement and (ii)shallpay afineof$250,per violation.Where there aretwoor more penalties for the same offence,all the penalties shall apply,unless found to be excessive bya court of competent jurisdiction and then the more stringent enforceable penalty or penalties shall apply.All fines and monetary mitigation payments shall be deposited into the Tree Trust Fund.Each tree removed,relocated or trimmed without an appropriate permit,shall constitute a separate and distinct violation,subject to a separate fine and mitigation.If the violator fails to timely complete the requirements of this ordinance for tree mitigation ("Tree Mitigation Violation"),the violator shallpayan additional fine of$250for each day thereafter until the mitigationis completed.Thefineforany repeated violation of this ordinance by the same person shall increase to $500 for each repeated violation. Thefinefora repeated TreeMitigationViolationby the same person shallbe $500 per day.The owner of the property where the violation occurred shallbe jointly and severally liablefor the same fineas the person who removed,relocated or trimmed a tree without an appropriate permit.All of the fines provided forin this ordinance maybe increased or decreased by and as set forth in the City's Schedule of Fees and Fines. (2)TreeMitigationRequired.In addition to the monetary fine established above,the plantingof replacement trees shallbe required.If the total number of trees required as mitigation cannot be reasonably planted on the subject property by the sole determination of the City Manager who shallbe guided by the principal of tree protection and tree preservation,the applicant shall contribute into the City's Tree Trust Fundinan amount based upon the chart below or as otherwise provided more stringently inthis section.Mitigation that is required by this ordinance shallbe completed within sixty(60)days after the violator has received a citation and shallbein addition to any and all other applicable requirements or sanctions. 28 Ord.No.29-14-2207 (3)Irreparable or Irreversible Violations.In the event the Special Master finds that the unauthorized removal,relocation,or trimming of any tree is irreparable or irreversible in nature,heshall imposeafinenotless than $2,000andnottoexceed$5,000 per violation,plusmitigationas required inthis chapter.In determining the amount of the finein excess of $2,000,the Special Master shall consider,the following factors: (a)The gravity of the violation; (b)Any actions taken by the violator to correct the violations;and (c)Any previous violations committed by the violator. M.Tree Mitigation Value.This tree value mitigation chart shows the following values which are intended to be minimum levels of replacement for each size of tree removed.This chart and/or the values in the chart may be amended by the City's Fee Schedule from time to time. Diameter of Number Diameter In lieu of Tree removed 2"DBH 4"DHB Replacement ^•:'r'i:::l>-:':^?,'::'::'?'':,:.-'•'.•'.'W^^'^'-•'"- Or "|^~:'U^\\'-:X'~?':J7''^''^•'r-:'J:^^S^iW^0fii^$ 2"-3"2 1 or $1,000 4"-6"4 Or 2 or $2,000 7"-12"8 Or 4 or $4,000 13"-18"12 Or 6 or $6,000 19"-24"16 Or 8 or $8,000 25"-30"20 Or 10 or $10,000 31"-36"24 Or 12 or $12,000 37"-42"28 Or 14 or $14,000 43"-48"32 Or 16 or $16,000 49"or greater 40 Or 20 or $20,000 The above formula approximates the following example: For every 500 Square feet of canopy removed,a hardwood tree replacement of at least 12ft tall wouldbe required.For instance,if 2,300 sqftof tree canopy were removed,the replacement requirement would be four 12-foot tall trees and one 8-foot tall tree or at the minimum level of financial contribution,at$500.00or$1.05per square footofcanopy,whicheveris greater.This example would require a minimum of $2,500.00. JSL Exemptions.Thefollowing are prohibited and controlled plant species that are exempt from the general tree protection provisions ofthis section.A no-charge permit willbeissuedforremovalof prohibited and /or invasive non-native plants species. (1)Any tree growinginabotanicalgardenora licensed plantor tree nurserybusiness. (2)Upon determination inwritingbythe City Manager that tree permitting requirements will hamper private orpublicworkto restore order to the City after a declared state of emergency by the City Commission. (3)The removal ofanytreeduringor following anemergencysuchasanactofnatureora life safety issue.Thecity reserves the righttorequiremitigationonce the life safety issueisresolved. (4)Removal of any dead tree 29 Ord.No.29-14-2207 (5)Exemptionfrommitigation.On properties withcanopycoverexceeding50%of the totallot coverage,canopy covering up to 10%of the lotmaybe removed per calendar year without mitigation,provided the total canopy cover does not drop below 50%. (6)A living tree of the following prohibited ornuisanceplant species except when present ina dense distribution or substantial canopy coverage deemed to be of significant importance to the aesthetic or environmental benefit to the area as determined by the City Manager: PROHIBITED NUISANCE PLANT SPECIES COMMON NAME Australian Pine Bischofia Brazilian Pepper Carrotwood Castorbean Chinaberry Chinese Tallow Tree Ear Tree Earleaf Acacia Eucalyptus Guava Indian Laurel,LaurelFig,Malay Banyan, Chinese Banyan,Glossy Leaf Banyan Indian Rosewood,Sissoo Java Plum Lead Tree Mahoe,Sea Hibiscus Melaleuca Norfolk Island Pine Orchid Tree Poison Wood Red beadtree,Red Sandalwood Schefflera,Umbrella Tree Seaside Mahoe Shoe-button Ardisia Silk Oak Solitaire Palm Tree Bamboo Tropical Almond Weeping Fig Woman's Tongue INVASIVE,NOIMIMATIVE PLANT SPECIES SCIENTIFIC NAME Casuarina spp. Bischofia javanica Schinus terebinthifolius Cupaniopsis anacardiodes Ricinus communis Melia azedarach Sapium sebiferum Enterolobium cyclocarpum Acacia auriculiformis Eucalyptus spp Psidium quajava/P.littorale Ficus microcarpa Dalbergia sissoo Syzygium cumini Leucaena leucocephala Hibiscus tiliaceus/Talipariti tiliaceum Melaleuca quinquenervia Araucaria heterophylla Bauhinia variegata Metopium toxiferum Adenanthera pavonina Schefflera actinophylla / Brassaia actinophylla, Thespesia populnea Ardisia elliptica Grevillea robusta Ptychosperma elegans Bambusa spp. Terminalia cattapa Ficus benjamina Albizzia lebbeck f Common Name Scientific Name Air potato Dioscorea bulbifera 30 Ord.No.29-14-2207 1 '—' Arrow bamboo Pseudosasa japonica Brazilian pepper Schinus terebenthifolius !Catclaw vine Macfadyena unguis-cati IChinaberry Melia azedarach Chinese privet Ligustrum sinense Chinese tallow tree Sapium sebiferum Chinese wisteria Wisteria sinensis Climbing fern Lygodium iaponicum and Lvgodium microphyllum Cogon grass Imperata cylindrical i Coral ardesia Ardisia iaponica Coral berry Ardisia crenata Elephantfs ears Xanthosoma sagittifolium Glossy privet Ligustrum lucidum Golden raintree Koelreuteria paniculata and Koelreuteria bipinnata Golden bamboo i Phvllostachys aurea 1 iHenon bamboo P.nigra cv."Henon" Hydrilla Hydrilla verticulata Hygrophia Hygrophia polysperma Japanese ardisia Ardisia iaponica i Japanese honeysuckle Lonicera japonica Japanese paper mulberry Brousonettia papyrifera IKudzu Pueraria lobata Mimosa Albizia julibrissin Miramarweed Hvgrophila polysperma Oyster plant Tradescantia spathacea i Palm leaf bamboo Sasa palmata (Arundinaria palmata) Skunk vine Paederia foetida Tropical soda apple Solanum viarum i White-flowered small-leaved spiderwort Tradescantia fluminensis Wandering spiderwort Tradescantia spp. Wild taro Colocasia esculenta O.Street Trees. 31 Ord.No.29-14-2207 (1)Street trees.Street trees shallbeplantedalong the sides of all streets within a development andon the development side of any contiguous street.Street trees shallbe planted for every 30 to 50 feet of street frontage,depending on the canopy area needed for the tree species.The widths of driveways alonga street shallbe subtracted from the linear feet of street frontage length for the purposes of calculating the number of required street trees.Innocaseshall trees of species with spreading crowns (e.g.,liveoaks)bespacedcloser together than 25 feet orshall trees of any species be spaced farther apart than 60 feet.Alleysare exempt from this requirement for street trees.Street tree diversity is to be attained city-wide in order to reduce the effect of loss of street tree species due to insect or disease outbreaks,even though street tree diversity may not be attained on an individual street. (2)Street trees shallbehigh quality shade trees andshallbe planted in tree lawns with a minimum width of eight feet,or within tree wellswith minimum four-foot by four-foot surface openings. (3)On-street parking spaces maybelocated between street trees,aslongas the required number of trees are planted along the street frontage,and the minimum rootzone volume is provided for each tree. (4)Treewells may be enclosed withpaversor other hardscapematerials above the required rootzone volume.The landscape architect shall present a recommendation regarding the need for the installation of an aeration system necessary to conduit water and oxygen to the roots of trees within tree wells. (5)Where possible,street trees shallbeplanted between the street and the public sidewalk.Street trees may be planted between the sidewalk and adjacent buildings only where the location of existing or proposed utility linesalong the street,or the clear zone requirements of the public works department or other maintaining agency,prevent the location of trees between the street and sidewalk.Where street trees are approved tobeplanted between the sidewalk and adjacent buildings,the trees may be located ascloseasfive feet away frombuildingface. (6)Thereviewingboard,or the citymanagerordesignee,mayrequire the adjustment of the prescribed build-to linein order to accommodate the required street trees and ensure that the trees will meet separation requirements fromutilitylines,buildings,andpavedareas. (7)Where possible,developments shallbedesignedtopreserveas street trees anyexistingchampion, specimen,or heritage trees which are located in the right-of-way oron private property within 20 feet of the right-of-way.Where these trees arepreserved,no new constructionorgradingshall occur within the tree root plate,and new buildingsshallbe designed so that no more than 25 percent of the crown of the trees isremoved.Thearea underneath the canopy of the preserved trees shallbe exempt from tree planting requirements,and the required distances between street trees may be modified. (8)A minimum ten-foot separation shallbeprovided between street trees and street stormwater inlets,except where bioretention inlets that incorporate trees areutilized. (9)Wherethe required streettreeswould overlap withtreesthatare required tosatisfyperimeter landscaping requirements forvehicularuseareas,only the requirements for the vehicularuse area must be met. (10)Size and spacing.Streettrees shall beofaspecies typically grownin Miami-Dade County that normally mature toa height of atleast twenty (20)feet.Street trees shallhaveaclear trunk of four (4)feet,anoverallheightoftwelve (12)feetandaminimumcaliperoftwo (2)inchesattime of planting,and shall be provided along all roadways atamaximum average spacing ofthirty (30) 32 Ord.No.29-14-2207 feetoncenter,exceptasotherwise provided inthis Chapter.Streettreesarenotrequiredwhena colonnadeopentothe public is located withinfour (4)feetoftheedgeofthe roadway.Street treesmaybeplacedwithintheswaleareaor shall beplacedonprivatepropertywhere demonstratedtobenecessarydueto right-of-way obstructionsasdeterminedbythe Public WorksDepartmentortheappropriateauthoritywithin the municipality.TheCitymayrequire root barriers asperCity rules. (11)Themaximumaverage spacing ofthirty (30)ftformultiple single-family units shall bebasedon the total lineal footage of roadwayfor entire projectsand not basedonindividuallot widths. (12)Powerlines.Wheretheheightand location ofoverheadpowerlinesrequirethe planting oflow growing trees,street trees shallhavea minimum height of eight (8)feet,a minimum caliper of one and one-half (1.5)inchesat time of planting,andshall meet the following requirements: (a)Single trunk trees clear of lateralbranchestofour(4)feet and/or multi-trunk trees or tree/shrubs,asreferencedinthe Landscape Manual,clearedof foliage toaheightoffour (4) feet. (b)A maximum average spacing of twenty-five (25)feet on center. (c)Maturingtoa height andspreadnotencroachingwithinfive(5)feet of overhead power distribution lines. (d)Underhigh voltage (50kVandabove)transmission linesinstalled independent of underbuilt distribution lines,tree height andspreadshall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute)Z133.1 Standards,as referenced in the Landscape Manual. (13)Palms.Palms which meet all of the following requirements shall count asa required street tree on the basis of one (1)palmper tree. (a)Minimum canopy of fifteen (15)feet spread at maturity. (b)Provided atan average maximum spacing of twenty-five feet (25)feet on center. (c)Fourteen (14)foot minimum overall height or minimum caliper of four(4)inches at time of planting. (d)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. (14)Fifty(50)percent of the required trees and/or palmsshallbe native species. (15)In order to prevent adverse environmental impactstoexistingnativeplant communities,only existingCabbagePalms (Sabal palmetto)maybeusedto 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 shallbe counted towards the minimum tree and native plant requirements. (16)When trees are requested byaproperty owner tobeplantedwithin the right-of-way,the requesting property owners shall execute a covenant provided by the Cityto provide for the maintenance of such trees subsequent toplanting.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 mayrequire that said trees andlandscapematerialbeplacedonprivate property. (17)Where trees areplantedonprivateproperty,they shallbeplacedwithinseven(7)feetofthe edge of the dedicatedright-of-wayorwithinseven(7)feet of the edge of theroadwayand/or 33 Ord.No.29-14-2207 inside edge ofa sidewalk on private roads andshallbe maintained by the private property owner such that the trees do not interfere with the activities of the right of way. (18)Consideration shallbegivento the selection of trees,plants and planting site to avoid serious problems suchas clogged sewers,cracked sidewalks,and power service interruptions. (19)Street trees are not required alonga colonnade whichis open to the publicandwhichis located within four (4)feet of the edge of the roadway. (20)Street trees in the Hometown DistrictOverlayshallbe located per the street tree requirements set forth under Section 20-7. (21)Planting in Relation to Utility Lines.The ultimate,mature height andwidthofa tree tobe planted shall not exceed the available overhead growing space as limited by the tree touching the overhead obstacle.Alist of small trees and palms which maybe permitted to be planted adjacent to utility lines is available in the University of Florida IFAS "Trees and Powerlines"document. (22)Emergency Provisions.In the event that the City Manager determines that any tree in the City may constitute a hazardous condition soas to endanger the public health,safety and general welfare unless itis immediately removed or pruned,the City Manager,or his designee,may verbally authorize the removal of such tree following an onsite inspection of the subject tree without the securing of a removal permit as required by this section.The provisions and requirements of this chapter may be temporarily stayed bya majority vote of the City Commission following the occurrence of a hurricane,tornado,flood,or other natural disaster. Section 2.Codification.The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miamias amended;that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention;and that the word "ordinance"may be changed to "section"or other appropriate word. Section 3.Severability.If any section,clause,sentence,or phrase of this ordinance is for any reason held invalid or unconstitutional bya court of competent jurisdiction,this holding shall not affect the validity of the remaining portions of this ordinance. Section 4.Ordinances in Conflict.All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.However,itis not the intent of this section to repeal entire ordinances,or parts of ordinances,that give the appearance of being in conflict when the two ordinances canbe harmonized or when onlya portion of the ordinance inconflict needs to be repealed to harmonize the ordinances.If the ordinance in conflict canbe harmonized by amending its terms,itis hereby amended to harmonize the two ordinances.Therefore,only that portion that needs tobe repealed to harmonize the two ordinances shallbe repealed. Section 5.Effective Date.This ordinance shall become effective upon enactment. PASSED AND ENACTED this 17^_dayof December.2014. 34 Ord.No.29-14-2207 ATTEST: 1st Reading-12/2/14 2nd Reading-12/17/14 READ ANDAPPROVED AS TO FORM: UVNGdAfiE^EGALITY j EX£Qkmp\l THEREOF APPROVED: COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea Commissioner Edmond:Yea 35 26SE |SUNDAY,DECEMBER 7.2014 SE :$4.50 «Watch \Battery & ,installation Public Notice The Public is advised thattheSouthA Municrpal Advisory Committee (MAC)will be holding a meeting on Wednesday,December10,2014 at6:30 P.M.at Deerwood BonitaLakesPark,14445SW122nd Avenue, Miami,33186. The MAC will be evaluating the potential incorporation of the areaintoaseparate municipafity;it will alsobe meeting with stafftodiscuss theCounty's concerns regarding anyadverse impact tothe remaining unincorporated municipal service areaorotherregional municipal-type services that could occurduetoanysuch incorporation. The MAC areais generally boundedas follows: NORTHERNMOSTBOUNDARY:SW 120th Street SOUTHERN MOST BOUNDARY:SW 232nd Street EASTERNMOST BOUNDARY:US1 WESTERNMOST BOUNDARY:SW 157th Avenue (Boundariesonlyincludeareas within County Commission District 9forstudyarea) Thepublicis invited toshareitsthoughtson incorporation,theproposedboundaries,servicesitwishestosee enhancedandanyadditionalinformation thatmayassistthe MAC in its deliberations. Forlegalads online,goto http://legalads.miamtdade.gQv MiamiHereld.com I MIAMI HERALD rsvpat: RSVPopenhou*© or cat!our Office a!30S-66S-8274 Come tour the world ofa child. See it.Believe it. Limitless Learning. Unlimited Possibilities. TUESDAY December 9,2014 RedRoadCampus 6050 SW 57 Avenue Preschool-K,Ages 3-6 T6 LEARNl TO UOVE TO LEARN CITY OF SOUTH MIAMI COURTESYJtfOTICE NOTICEISHEREBYgiventhattheCity Commission oftheCityofSouthMiami,Florida willconduct PublicHcaring(s)atits regularCityCommissionmeetingscheduledfor Wednesday,[December 17.2014 beginning at7:00p.m.,intheCity Commission Chambers,6130SunsetDrjvvio,consiikrthe following item(s): A Reunion authorizing Che CityManager to negotiate an agreement withADPto provide payroll services. Human Resources andTime A Attendance integrated softwaresolution, An Ordinance amending Section 4-2(a)oftheCityCodeadding drugstore*,convenience stores andservice stations aslistedusesinthetableofdistance requirements regarding alcohol sale. An Ordinance amendingSection20-4.2of dieCityofSouthMiami*LandDevelopment Codetooddcriteria rax theCity*approval ofaplatorre-piat tentatively approved bytheMiami-Dade County. An Ordinance amending Sec 8A^S(a),(b),(c),(e)and(0 or Chapter 8Aof the Cityof South Miami's Code of Ordinances as to definitions andexemptions andadopting applicable portions oftheMiami-Dado County lobbying oidinance concerning definitions and exemptions aswellas providing stricter requirements and penalties. /An Ordinance omaiding the Und Dev^epfnou Cotft Scttkvn 20A*u»d 204>$;1.Mding.but not limited to, I provisions concerning ini^,&^foM,3pptk^i%ar^applications, ^permits,fees tree nu%ititifl4]tt)|it&&1&fml$^^ ALLinterestedpartiesareinvitedtoattendandwilt be heard. Forfurther information,pleasecontacttheCity ClerfcTs Office at;305-663-634DV Maria M.Menendez,CMC CityClerk Pttmonfto Ftoridastauiies 286.0J05.theCiiyherrty advwes thepublicthaiif a perron decklestoappeal anydecirion madeoyihlsBcara.Aner-cy orCwrunWon withn»pcci toanymatter eanxi<krcd atit*(ncetioy oxhealing,hesirshewillnod a record oftheproceeding*and (hat.fitr such purpotc.affected person tnsyneedto ensure that•vertxrtim record of the proceeding*is madewhichrecantinclude*thetestimony awlevidence upce which the appealistobe baaed. MIAMI DAILY BUSINESS REVIEW Published Dairy except Saturday,Sundayand LegalHolidays Miarni,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared MARIA MESA,who onoath says thatheor she isthe LEGAL\CLERr£,LegalNoticesofthe Miami Daily Business ReviewWa Miami Review,a dally (except Saturday,Sunday andLegal Holidays)newspaper,publishedat Miami in Miami-Dade County,Florida;that theattachedcopyofadvertisement, beingaLegal Advertisement ofNoticein the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING 12/17/2014 in the XXXX Court, was published insaid newspaper inthe issues of 12/05/2014 Affiant further says thatthesaid Miami DailyBusiness Reviewisanewspaperpublishedat Miami insaid Miami-Dade County,Florida andthatthesaid newspaper has heretofore been continuously published insaid Miami-Dade County, Florida,eachday(exceptSaturday,SundayandLegal Holidays) andhasbeen entered assecondclass mail matter atthepost officeinMiami In said Miami-Dade County,Florida,fora periodof one yearnextprecedingthefirstpublicationofthe attached copvof advertisement;and affiant further says that he orshet^j0^^^^^^^^^my person,firm or corporation l\^|^a^r^nrimlssfonoi^fund for the purpose <of securing|n1s advertisement for publication in the said newspaper. •#&.....:*sr