301 ORDINANCE NO. ______ _
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4 An Ordinance of the City of South Miami, Florida amending the Land Development
5 Code, Section 20-4.5 repealing subsections (A), (H), (I), (J), (K), (L), (M) and (N),
6 deleting and transferring Section 20-4.5 (D) to 20-4.5.1 (15) adding a new section
7 20-4.5 (A) and adding Section 20-4.5.1 titled "Tree Protection" including, but not
8 limited to, provisions concerning intent, definitions, applicability and providing for
9 tree removal requirements, applications, permits, fees tree mitigation and
10 protection, enforcement, penalties, remedies, and appeals.
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12 WHEREAS, the definitions of Section 20-4.5 are inadequate; and
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14 WHEREAS, the City does not have adequate provisions in its ordinances to provide
15 appropriate tree protection and enforcement of its tree protection ordinance; and
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18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
19 CITY OF SOUTH MIAMI, FLORIDA THAT:
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21 Section 1. The Land Development Code of South Miami, Florida originally enacted by
22 Ordinance No. 3-96-1603, and as amended, by Ordinance 7-98-1655, is hereby amended by repealing
23 subsections (A), Section 20-4.5, deleting Section 20-4.5 (D) and adding a new section 20-4.5 (A)
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25 20-4.5 Landscaping and tree protection requirements for all zoning districts.
26 (A) Definitions
27 Definition of Terms for Section 20 4.5 Only. In constructing the provisions of Section
28 20 4.5, where the context will permit and no definition is provided in Section 20 4.5
29 or in Section 20 2.3 of the Land Development Code of the City of South Miami, then
30 the definitions provided in Chapter 24 and Chapter 33 of the Code of Miami Dade
31 County, Florida, and Chapter 403, Florida Statutes, as may be amended from time
32 to time, and in rules and regulations promulgated thereunder, as may be amended
33 from time to time, ''''hich relate to Section 20 4.5, shall apply to Section 20 4.5 only,
34 except as otherwise changed by the definition included in this subsection (A) as
35 follows:
36 Access'II8Ys shall mean the maximum '",idth of an accessway through the perimeter
37 landscaped strip to an off street parking or other vehicular use area shall be determined
38 according to the Public 'Norks Manual, Part I, Standard Details. No more than one (1) two
39 way accessway shall be permitted for any street frontage up to one hundred (100) lineal feet,
40 such standards to be applicable to any property under one (1) ownership. Where such
41 o'lmership involves over one hundred (100) feet of street frontage, one (1) additional two \vay
42 or two (2) additional one way drives may be permitted for each additional one hundred (100)
43 feet of frontage or major fraction thereof. The balance of such street frontage not involved with
44 accessways shall be landscaped in accordance with the provisions of Section 20 4.5.
45 Affected tree shall mean any tree which shall be, or already has been, removed,
46 relocated, or effectively destroyed, thereby requiring a tree permit pursuant to Section 20 4.5.
47 Automatic irrigation system shall mean an irrigation system vvith a programmable
48 controller or timing mechanism.
49 Bona fide agricultural activities shall mean land used for the growing of food crops,
50 nurseries for the growing of landscape material, the raising of livestock, horse farms, and
51 other good faith agricultural uses, except any portion of the property not eligible for agricultural
52 exemption.
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, Bona fide afJri .It· I agricultural use of th,ICUI4t1'a1 purposes shall purposes is bo . e land. In delerminin '" mean good failh Gomm . as amended rr:: ~de, Ihe Iollowi ng faGto~ .~ h~her Ihe use of Ihe land e;",al or domesliG Ime to lime), Ihough e orth In Sestion 193 461 or agriGullural '" nonexGluslve, shall be take~' I' Flonda Stalutos (and "" In 0 Gonslderalion'
The length of time the land h
een continuous'
The purchase price paid' . ,
o speCifiC agricultural '
\/I/h use,
• • ether an indicated eff ad~quately for the Ian ,ort has been made to ca ' , agAsullural praGf d IA aGGordanGe '''ilh a re suffiGiently and Ices In I d' ~. ccepted
mowing, reforesliAg 'a ; u lAg, wilhoul limilalioRf Gommercial , n other accepted ' . ertlllzlng, liming fir
"'helh agAGullural prastiGe' ,I lng,
n er such la d' s, terms d n IS under lease d'
Size, as it relates t ' ,
, an conditions of the lease,a: d If so, the effective date I , n ' ength
SUGh olher faslors as may from f ' Ime to ti b meecome applicable,
sCientific research, a property used for the
, Bona fide fruit" edible fruit for comm;:Gi~;ove shall mean a grove of f ' purposes or personal cons::~:,ees specifically planted to
. Bola nice , Ion byowner(s). pF<lduGS
cultivation f . fJarden shall mean' ' o plants for display or ' ~~Y publicly ovmed re I
th Buffer or perim t I e perimeter of a I Ii e er landscape shall m IransilioA be~" parse I 01 laAd in whiGh I ean an area 01 land "'h' . impast, and i~':~p~:~e~1 land uses and a~d~:plnr is required to '~r:,~~d'! sel aside along e and use impasts Ina e or redUGe Ihe ad" an aeslllellG , verse en"lr C " --,.-onmental
a,iper shall m :neasured at a hei e,an, for trees under fou ' In diameter, Ihe Ir~:: ~::~I:~h~S above nalu~i:~~:h~~ i~ diametor, Ihe Irunk diamel easured at twelHe (12)' r rees four (4) inches a d er C ' Inshes ab " n grealer
anopy shall mean Ih ---0. e nalu",1 g",de.
ose trees '''h' h n IC constitute the tall
C ranGhes a d I .
anopy seve,"g. shall --n -ollage 01 a lree
mean the e t ' , x",nl 01 gF<lund wilhin Ihe . .
10 SlrUGtu;.a,"nGe pr(Jn,ing shall mea . dAp line 01 a lree.
s, power distribution d n pruning required t H' , as defined in the c ge or danger related
Colon d u"enl ANSI 3Q
open 10 Ihe s're::;':~f:e~':~: a rool or building struGlure I' . --Q Standards. , except for s ' ' ex ending 0" upportlng columns ,ver the sidewalk
Common or piers. '
• open space shall mean an area required as open space in th' ' IS section or
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other sections of the Land Development Code of the City of South Miami.
C.ontrolled plant species shall mean those plant species listed in the Landscape
Manual which .t~nd to be?ome nuisances because of their ability to invade proximal native
plant commun~tles or native habitats, but '""hich, if located and cultivated properly, may be
useful or functional as elements of landscape design.
. . . Dade County Nursery Report shall mean a monthly, published bulletin listing
:~~lla~llity of trees, prices of ~rees, and stock of many major nurseries in Miami Dade County
hhlCh IS prepared by the Florida Nurserymen and GrO'.",er Association.
Developed land shall mean land upon which structures or facilities have been
constructed.
De'lelop'!1ent ~hall mean any proposed activity or material change in the use or
?hara~ter of land, including, but not li~ited to, .the placement of any structure, utility, fill, or site
Impro.ement on land, and any act which reqUires a building permit.
. Diameter at Breast Height (DBH) shall mean diameter of a tree's trunk measured at
a pOint four and one half (4 %) feet above natural grade. In the case of multiple trunked trees
the DHB shall mean the sum of each trunk's diameter measured at a height four and one half
(4 %) feet above natural grade.
Differen~al operation schedule shall mean a method of scheduling an irrigation
system ~o apply d.lfferent quantities of water, and/or apply water at different frequencies as
appropriate, for different hydrozones.
. Diss~mjlar land uses shall mean proximate or directly associated land uses '.",hich are
contradlc~ory, I~congr~ous or discordant, such as high density residential, intensive
commercial or industrial uses located adjacent to low intensity uses.
o.0m/~ance ~hall mean the species or group of species having the largest total
number of individuals In the canopy and/or understory within a defined area.
Dri Ii h II .. . .,.,p .. ne s a mean an Imaginary vertical line extending from the outermost
hOrizontal circumference of a tree's branches to the ground.
. Dvvelling, single family shall mean a residential structure which is designed for or
occupied by, one (1) "family", as defined under Section 20 2.3, Definitions. '
Duplex dwel,~ng shall mean a residential building designed for, or used as, the
separate homes 0: reslden~es of tv.~o (2) separate and distinct families, but having the
a~pearance. ~f. a Single family dwelling house. Each individual unit in the duplex shall comply
With the definition for a one "dvielling, single family".
Energy con:<ersation zone shall mean a zone located no more than twenty two (22)
feet from a structure In a 180 degree band from due east of the northeast point of the
structure, to due south, to due west of the northwest point of the structure.
. En 'Iironme n tally sensiti'w'€ tree resources shall mean a specimen tree, natural forest
commun~ty, or any other tree or trees that substantially contribute(s) to the aesthetics of an
area, which are not exempted from these permit requirements.
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Existing development shall mean a site '.'lith structures that '-:v.ere legally appr~ved
through the issuance of a Certificate of Use and Occupancy or a Certificate of Completion as
of February 13, 1996.
Facu/tative shall mean plants with a similar likelihood of occurring in both vletlands
and uplands, which are not recognized indicators or either wetland or upland conditions.
F=lrebreak shall mean an area of bare ground no more than ten (10) feet in width in a
forest which has been created to prevent the spreading of wild fires.
Florida Number 1 Grade or equivalent shall mean the classification of the quality of a
nursery plant as published in Grades and Standards for Nursery Plants, Part II, Fla. Dept. of
Agriculture and Consumer Services, Division of Plant Industry.
Forbs shall mean herbaceous plants other than grasses.
Forest management plan shall mean a document which specifies tec.hniques that '.vill
be implemented to maintain and preserve an individual natural forest community.
Ge%gic feature shall mean a natural rock or mineral formation.
Gray w-ater shall mean that portion of domestic sewage ema~ating fro~ residential
showers, residential bathroom washbasins, or residential clothes washing machines.
Ground cover shall mean a dense, extensive grO'.vth of low growing plants, other
than turf grass, normally reaching an average maximum height of not more than twenty four
(24) inches at maturity.
Hat racking or Topping shall mean flat cutting the top of a tree, severing the lea.der
or leaders, or the removal of any branch three (3) inches or greater in diameter at any pOint
other than the branch collar.
Hazard pruning shall mean the removal of dead, diseased, decayed or obviously
weak branches two (2) inches in diameter or greater.
Heat island shall mean an unnaturally high temperature micro climate resulting from
radiation from unshaded impervious surfaces.
Hedge shall mean a landscape barrier consisting of a continuous, dense planting of
shrubs, not necessarily of the same species.
Herbaceous plant shall mean a plant having little or no 'Noody tissue.
Highway shall mean any public thoroughfare, including streets, deSigned for motor
vehicles.
Hydromu/ch shall mean a sprayed application of seed, mulch and water.
Hydrazone shall mean a zone in which plant material with similar water needs are
grouped together.
included bark shall mean bark that is pushed inside a developing crotch, causing a
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weakened structure.
Irrigation detail shall mean a graphic representation depicting the materials to be
used and dimensions to be met in the installation of the irrigation system.
Irrigation plan shall mean a plan dra'lm at the same scale as the landscape plan,
indicating location and specification of irrigation system components and other relevant
information as required by this ordinance.
Irrigation system shall mean a system of pipes or oth~r conduits d~~igned to
transport and distribute '/later to keep plants in a healthy and vigorous condition.
Landscape feature trellis, arbor, fountain, pond, garden, sculpture, garden lighting,
decking, patio, decorative paving, gazebo and other similar elements.
Landscape materia! shall mean plants such as grass, ground cover, forbs, shru~s,
vines, hedges, trees and non living material such as rocks, pebbles, sand, mulch, or pervIous
decorative paving materials.
Landscape plan shall mean a plan indicating all landscape ar~as, storm'l~ater
retention/detention areas, areas '/lhich qualify to be excluded from maximum permitted lavm
area, existing vegetation to be retained, proposed plant material, landscape le~end, .
landscape features, planting specifications, and details, and all other relevant information
required in Section 20 4.5.
Landscape replacement plan shall mean a drawing containing proposed tree
removal, tree replacement planting, tree relocation, and preservation areas.
Lawn area shall mean an area planted with lawn grasses.
,nAanua! irrigation system shall mean an irrigation system in which control valves and
switches are manually operated rather than operated by automatic controls.
Mixed use shall mean the approved use or occupancy of buildings or parcels for
both residential and nonresidential purposes in the same development or project.
n40 isture aRd rain seRso r sv,itch shall mean a devices with the ability to switch off an
automatid'irrigation ~~n'tr~lIer ;fte~ re;ei':'ing a determined amount of rainfall or moisture
content in the soil.
Mulch shall mean non living organic materials customarily used in landscape design
to retard erosion, weed infestation, and retain moisture, and for use in planting areas.
Multifamily residential development shall mean an approved residential dVlelling,
building or structure(s) designed to be occupied by three (3) or more families.
Multiple single family developments shall mean attached or detach~d single ~mil~
residential developments that are planned as a total project and not as one single family unit
on one parcel, such as in Planned Unit Development projects.
Native habitat shall mean an area enhanced or landscaped "''lith an appropriate mix
of native trees, shrubs and ground cover species that resembles a native plant community or
natural forest community in structure and composition or is naturally occurring.
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Native plant species shall mean a plant species ~/ith a geogr~phic distri?ution '"
indigenous to all or part of Miami Dade County. Plants which are described as being ~atl"e to
Miami Dade County in botanical manuals such as, but not I!mited to, "~, Flora ?f "!tropical
Florida" by Long and Lakela and."The. Bi.ology of Tr~es Natl~'e to ~r?plcal FlOrida by P:,~'.
Tomlinson, are native plant species '.'llthln the meaning of thiS defl~ltlon. Plant s~ecles ~,hICh
have been introduced into Miami Dade County by man are not native plant species.
Native plant community shall mean a natural. associ~tion o~ plants dominated by one
or more prominent native plant species or characteristic phYSical attributes.
AJatuml grade shall mean the ground elevation of a property prior to the placement
of any fill on the site.
!'-'atural Forest Community shall mean all assemblages of vegetation d~signated as
Natural Forest Communities on the Miami Dade County Natural Forest Community Maps and
approved by the Board of County Commissioners, pursuant to Resolution No. R 1764 84 and
further defined in Section 24 3 of the Miami Dade County Code.
Net lot area shall mean the area within lot boundaries of all lands comprising the
site. Net lot area shall not include any portion of the abutting dedicated streets, alleys,
'.'laterways, canals, lakes or any other such dedications.
.Nonviable shall mean not capable of existing and continuing to provide biological or
aesthetic qualities associated with a healthy, functioning tree resource.
One family dwelUng shall mean a private residential building used or intended to ?e.
used as a home or residence in which all living rooms are accessible to each other .from within
the building and in which the use and management of all sleeping quarters, all appllan.ces for
sanitation, cooking, ventilation, heating or lighting are designed for the use of one family only.
Owner builder shall mean (an) owner(s) in fee who construct(s) no more th.an one
(1) single family or duplex residence per year for personal use and occupancy by said
owner(s), and not intended for sale.
Overhead irrigation system shall mean a high pressure, high volume irrigation
system.
Perimeter landscape or Buffer shall mean an area of land \Nhic~ is set aside ~Iong
the perimeter of a parcel of land in which landscaping is required to provide an a~sthetlc
transition bet\veen different land uses and to eliminate or reduce the adverse environmental
impact, and incompatible land use impacts.
Planting detail shall mean a graphic representation of the plant installation depicting
the materials to be used and dimensions to be met in the placement of plants and other
landscape materials.
Preservation area shall mean portions of a site that are to be protected from an.y tree
or understory removal (except as required by the City of South Miami) and maintained without
any development.
Prohibited plant species shall mean those plant specie~ list~d i.n the Landscape
Manual '''''hich are demonstrably detrimental to native plants, native Wildlife, ecosystems, or
human health, safety, and \velfare.
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Protective barrier shall mean a temporary fence or structure built to restrict passage
into an area surrounding a tree or stand of trees for the purpose of preventing any disturbance
to the roots, trunk, or branches of the tree(s).
Relocated tree shall mean a tree which has been transplanted pursuant to Section
~ and which continues to be viable at least one year after transplanting.
Replacement tree shall mean a shade tree, small tree, or palm tree required to be
planted pursuant to the provisions of Section 20 4.5.
Root ball shall mean a group of roots extending from the base of a tree trunk that
must be intact when relocating a tree in order to promote tree.
Shrub shall mean a self supporting woody perennial plant of low to medium height,
normally growing to a height of twenty four (24) inches or greater, characterized by multiple
stems and branches continuous from the base.
Site plan shall mean a scaled, comprehensive drawing or set of drawings, '."hich
indicates site elevations, roadways, rights of way, setbacks, easements and the location of all
site improvements, including proposed and existing buildings, all structures, parking areas,
driveways, access roads, other paved areas, ingress and egress drives, landscaped open
space, signage and any other site development.
Specimen tree shall mean a tree with any individual trunk which has a DBH of
eighteen (18) inches or greater, provided, however, that the follO'.."ing trees are not specimen
tree&..
All trees listed in Section 20 4.5(H)(5);
Non native fruit trees that are cultivated or grovm for the specific purpose
of producing edible fruit, including, but not limited to, mangos, avocados, or
species of citrus;
Non native species of the genus Ficus;
All multitrunk trees in the palm family, except I\coelorrhaphe wrightii and
Phoenix reclinata which have a minimum height of fifteen (15) feet.
Spray head shall mean an irrigation device which applies \/'Jater to the soil or plant
surface by fixed spray or mist nozzles.
Stabilized lall'm area shall mean area of ground underlain with structural support in
the form of grass pavers or stabilized soil prepared to vvithstand the load of intended vehicular
use, such as automobiles, fire trucks, and garbage trucks.
State ofF,Iorida ConsePlation and Recreation Lands Trust Fund shall mean a fund
established under Florida Statutes Chapter 375 (as amended from time to time) for the
purposes of purchasing environmentally sensitive land.
State Approved plant nursery shall mean a business actively engaged in
propagating, growing, maintaining, and selling tree species that has been licensed to conduct
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such business by the State of Florida or by Miami Dade County.
Storm'Nater retention/detention area shall mean an area designed, built and used for
temporary storage of stormwater. For purposes of this ordinance, these areas are intended to
be permanently exempt from wetlands regulations.
Temporary irrigation system shall mean a system including. surface.distribution
elements (hose, pipe, etc.) vl/hich may be removed when landscape IS established.
Topping or Hat racking shall mean the removal within a one (1) year period, of more
than one third of a tree's living canopy, or the removal of any branch three (3) Inches or
greater in diameter at any point other than the branch collar.
Tree shall mean a woody or fibrous perennial plant with a trunk having a minimum
DBH of three (3) inches or 'Nith an overall height of twelve (12) or more feet. !re~ shall not
include any mangrove trees as defined in Section 24 3 (77) of the Code of Miami Dade
County, Florida.
Tree abuse shall include:
Damage inflicted upon any part of a tree, including the root system, by
machiner+', construction equipment, cambium layer penetration, storage of
materials: soil compaction, excavation, chemical application or spillage, or
change to the natural grade.
Hatracking.
Girdling or bark removal or more than one third (1/3) of the tree diameter.
Tears and splitting of limb ends or peeling and stripping or bark resulting
from improper pruning techniques not in accordance with the current ANSI
A300 Standards.
Tree canopy cover (see canopy cover).
Tree removal shall mean directly or indirectly cutting down, destroying, removing or
relocating, or effectively destroying (through damaging, trimming, authorizing or allowing
cutting dOVIn, destroying, removing, moving or damaging of) any tree.
Tree !,Ale!! shall mean a soil retaining structure designed to maintain the existing
natural ground elevation beneath a tree to preserve the tree \~~en the s~rrounding area is
filled to raise the ground elevation. Tree wells shall have a minimum radiUS of three (3) feet
from the trunk of the tree and a maximum radius of ten (10) feet from the trunk of the tree.
Understory shall mean the complex of woody, fibrous, herbac~ous, and graminoid
plant species that are typically associated with a natural forest community, native plant
community, or native habitat.
VegetaUon required to be presePled by law shall mean the ~~rtions of a ~ite,
including but not limited to, Specimen Trees, Natural Forest COmmUnities, a~d .natlve .
vegetation which are clearly delineated on site plans, plats, or recorded restrictions, or In
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some other legally binding manner, that are to be protected from any tree or understory
removal or effective destruction and maintained without any development.
Vegetation sup/ey shall mean a drawing provided at the same scale as the
landscape plan which includes relevant information as required by this ordinance.
Vehicular use area shall mean a hard surface area designed or used for off street
parking and/or an area used for loading, circulation, access, storage, including fire trucks,
garbage trucks, or display of motor vehicles.
Vine shall mean a plant with a flexible stem which normally requires support to reach
mature form.
ill For the purpose of this section, the following definitions shall apply;
ill Applicant: A person who is the owner, authorized agent of the owner, lessee of a
property under a written lease, or who is authorized to apply for a building permit for the
subject property.
m Arborist, Certified: One who is well-versed in the art of arboriculture, including tree
surgery, the prevention and cure of tree diseases, and the control of insects, and who
has a current International Society of Arboriculture (lSA) Arborist Certification.
i1l Branch Collar: Trunk tissue that forms around the base of a branch.
® Breast Height: A measurement taken at a height four and one-half feet above grade.
@l Caliper: A tree measurement that takes the diameter of the tree at 12 inches above
grade
ill Controlled tree species: those tree species that tend to become nuisances because of
their ability to invade proximal native plant communities or native inhabitants, but which, if
located and cultivated properly, may be useful or functional as elements of landscape
design. This section incorporates by reference the Miami-Dade County Landscape
Manual listing of controlled tree species and as may be amended from time to time.
@.l Crown: The upper branches of the tree canopy.
{ill. Crown Width: The width of the crown at its widest point measured on a plane parallel to
the ground.
(10)Developed land: Land upon which structures or facilities have been constructed.
UllDiameter (DBH): The diameter of a tree's trunk measured at a height four and one-half
feet above grade In the case of multiple-trunk trees, the DBH shall mean the sum of
each trunk's diameter.
(12)Drop-crotch Pruning: A specific type of pruning designed to properly reduce the size of
trees and defined by the International Society of Arboriculture (ISA) standards, or any
subsequent amendments thereto.
i.1.illEffectively Destroyed or Effectively Destroying: The cuttino, trimmino, or damaging of a
tree's trunk, branch or root system to the extent that the tree has lost its viability
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1..11lEffectively Removed: The effective destruction or the destroying of a tree. See its use
below under "mitigation"
f.1QlEquivalent Replacement: A tree, which due to the condition, size and 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)Exotic Tree Species: A plant species that has been introduced to Florida by human
action from foreign states, countries, or from outside the Southeast region of the United
States and defined in this ordinance as a native species or by Miami-Dade County.
(18)Girdling: The cutting through the outer surface of a tree deeply enough to completely
sever the cambium around the entire circumference of the tree's trunk, or of a branch of
the tree, suffiCiently enough to prevents or hinders the normal distribution of water within
the tree.
(19)Grade: The ground level of a subject property, the measurement of the degree of rise or
descent of a sloping surface or, in reference to a point of measurement of a tree, the
ground level surrounding the outside of a hole into which a tree is, or is intended to be,
planted.
(20)Hatracking: The flat cutting of the top of a tree, severing the leader or leaders.
@Landscape Manual: The Miami-Dade County Landscape Manual ("MDC Landscape
Manual"), which is in effect now, or as amended in the future, as the official landscape
manual issued by Miami-Dade County, Florida. The MDC Landscape Manual is hereby
adopted by the City and incorporated herein by reference, providing that in the event of
an express conflict between the MDC Landscape Manual and this section, the latter shall
prevail.
(22)Large Size Tree: A tree of any aqe, with a mature height of 40 feet or more, a mature
crown wider than 22 feet.
(23)Maintenance and Protection: The act of enhancing the viability of a plant. including all
marking, watering, pruning, spraying, injecting, fertilizing, treating, bracing, as well as the
doing of surgical work and/or cutting above or below the ground.
(24)Medium Size Tree: A tree of any age, with a mature height of between 26 feet and 39
feet, a mature crown between 15 feet and 22 feet.
(25) Mitigation: Those measures necessary to restore tree coverage, crown, or canopy
which have been effectively removed, or that were removed with or without
authorization under this ordinance.
(26) Native Species: Plant species including those listed as "native tree" in the Miami-
Dade County Landscape Manual.
(27) Nonviable: Not capable of living or of providing the ecological or aesthetic qualities
associated with a healthy functioning tree.
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(28) Person: Any individual, legal entity or any association of individuals and/or legal
entities.
(29) Prohibited Tree Species: Those tree species that are detrimental to native plants,
native wildlife, ecosystems, or to human health and/or safety and welfare as well as
those species that are listed as prohibited species in the Miami-Dade County
Landscape Manual.
(30) Protected Tree A tree with a minimum caliper of one and one half inches in diameter
as listed in the Miami-Dade County Landscape Manual as amended.
(31 ) Protective Barrier: Protective barrier shall mean a temporary fence or structure built to
restrict passage into an area surrounding a tree or stand of trees for the purpose of
preventing any disturbance to the roots, trunk, or branches of the tree(s).
(32)Pruning/Trimming: The selective cutting of tree/plant parts to encourage new growth or
better flowering; to remove old stems or deadwood; or to shape trees according to ANSI
A300 Standards.
fTI.l Public Area: Includes all Public right of ways, parks and other lands owned or leased
by the City.
(34) Public Tree Nuisance: Any tree or shrub or part thereof growing upon private or public
property which is determined by the City to endanger the health, safety and/or general
welfare of the City and/or its residents and/or its business owners, operators or
customers.
(35) Public Right of Way: Includes all public streets, roads, boulevards, alleys and
sidewalks.
(36)Pruning: The removing of plant parts, dead or alive, in a manner so as not to damage
other parts of the plant.
QDRoots/Root Systems: The parts of the tree containing the organs that extract water,
gases and nutrients from the soil and atmosphere.
(38)Shade Tree: Any tree which, when mature, has a crown width that is at least two-thirds
of the tree's height.
(39) Site Plan: A comprehensive plan drawn to scale indicating land elevations, public rights
of way including roadways, and the location of all relevant existing and proposed site
improvements including structures, parking, other paved areas, ingress and egress
drives, landscaped open space and signage.
(40)Small Tree: A tree with a height of 25 feet or smaller when fully mature, and with a
mature canopy smaller than 15 feet.
(41 )Sound Nursery Practices: The various procedures involved in landscape nursery work
that are in compliance with the Florida Department of Agriculture and Consumer Services
standards.
(42)Spread: The aerial extent of the branches and foliage of a tree.
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(43)Stem: The primary trunk which is the main upward axis of a tree, that supports branches
and leaves above the ground, serving to support the tree and to transport and store food
materials.
(44)Specimen Tree: A single stemmed tree, when at maturity, has a DBH of 18 inches or
greater or a multi-stemmed tree, which has a combined DBH for all of its stems at
maturity, of 18 inches or greater with the exception that the following types of trees that
meet this criteria shall not be considered specimen trees:
(a) Non-native fruit trees that are cultivated or grown for the specific purpose
of producing edible fruit. including, but not limited to, mangos, avocados or
species of citrus;
(b) Non-native species of the genus Ficus;
(c) All multi-trunk trees in the palm family, except Accelorrhaphe wrightii.
which have a minimum overall height of 15 feet.
(d) All nuisance trees are specifically determined to not to be specimen trees.
(45)Topping: A process to flat-cut the top of a tree or to remove more than one-third of the
tree crown.
(46)Tree: Any self-supporting perennial plant that. at full maturity, has diameter at breast
height (DBH) of two or more inches with a minimum fully mature height of 12 feet above
grade.
(47)Tree Abuse: Tree abuse shall include:
{ill Damage inflicted upon any part of a tree, including the root system, by machinery,
construction equipment. cambium layer penetration, storage of materials, soil
compaction, excavation, chemical application or spillage or change to the natural
grade, or any intentional action or neglect significantly damaging the tree; or
iQl Hatracking; or
l.£l Girdling or bark removal of the trunk:or
lQl Tears and splitting of limb ends or peeling and stripping of bark resulting from
improper pruning techniques not in accordance with the current ANS1 A300 Standards;
or
fill Excessive root cutting; or
ill Damage inflicted to or cutting upon a tree which permits infection or pest
infestation; or
{g} Cutting upon any tree which significantly destroys its natural shape; or
1.b1 Use of climbing spikes; or
ill Any pruning that is contrary to the practices established by the National Arborist
Association; or
ill Any act that would cause a tree to become nonviable; or
(48)Tree Removal: Removing, relocating or effectively destroying any tree.
(49)Tree Removal Permit; The city permit required for tree removal of an existing tree.
illQlTree service or arborist: Any person, company, corporation or service which, for
compensation, performs tree maintenance and protection.
* * *
(D) Street trees. [transferred to 20-4.5.1(15)]
(a) Size and spacing. Street trees shall be of a species typically grown in Miami Dade County
''''hich normally mature to a height of at least twenty (20) feet. Street trees shall have a clear
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trunk of four (4) feet, an overall height of twelve (12) feet and a minimum caliper of two (2)
inches at time of planting, and shall be provided along all roadways at a maximum average
spacing of thirty five (35) feet on center, except as otheFl.."ise provided in this Chapter. Street
trees are not required when a colonnade open to the public is located ","ith in four (4) feet of the
edge of the roadway. Street trees shall be placed within the s'llale area or shall be placed on
private property vvhere demonstrated to be necessary due to right of way obstructions as
determined by the Public VVorks Department or the appropriate authority within the municipality.
(b) The thirty five (35) foot average spacing requirement for multiple single family units shall be
based on the total lineal footage of roadway for entire projects and not based on individual lot
widths.
(c) Power lines. VVhere the height and location of overhead power lines require the planting of
low growing trees, street trees shall have a minimum height of eight (8) feet, a minimum caliper
of one and one half (1 %) inches at time of planting, and shall meet the following requirements:
i. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk trees or
tree/shrubs, as referenced in the Landscape Manual, cleared of foliage to a height of four (4)
feeh
ii. A maximum average spacing of twenty five (25) feet on center.
iii. Maturing to a height and spread not encroaching '.'lithin five (5) feet of overhead power
distribution lines.
iv. Under high voltage (50k" and above) transmission lines installed independent of underbuilt
distribution lines, tree height and spread shall not exceed the minimum approach distances
specified in the current ANSI (,A,merican National Standards Institute) Z133.1 Standards, as
referenced in the Landscape Manual.
(d) Palms. Palms which meet all of the follO'.ving requirements shall count as a required street
tree on the basis of one (1) palm per tree.
i.Minimum canopy of fifteen (15) feet at maturity.
ii. Provided at an average maximum spacing of twenty five feet (25) feet on center.
iii.Fourteen (14) foot minimum overall height or minimum caliper of four (4) inches at time of
planting.
It is provided however that queen palms (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.
(e)Thirty (30) percent of the required trees and/or palms shall be native species.
(f)l.n .order to prevent adverse environmental impacts to existing native plant communities, only
eXisting Sabal Palmettos (Cabbage Palms) shall be used to satisfy minimum tree and native
plant requirements, except that Cabbage Palms which are rescued from government approved
donor sites, transplanted within the site, or commercially gro",m from seed shall be counted
tovJ!ards the minimum tree and native plant requirements.
(g)VVhen trees are planted within the right of way, the owners of land adjacent to the areas
where street trees are planted must maintain those areas, including the trees, plants and sod,
using pruning methods specified in this section. A covenant executed by those o",mers is
required, or a Special Taxing District must be created to maintain these areas. Where the
State, County, or municipality determines that the planting of trees and other landscape
material is not appropriate in the public right of way, they may require that said trees and
landscape material be placed on private property.
(h)Where trees are planted on private property, they shall be placed within seven (7) feet of the
edge of the dedicated right of '.vay or within seven (7) feet of the edge of the roadway and/or
inside edge of a sidewalk on private roads.
(i)Consideration shall be given to the selection of trees, plants and planting site to avoid serious
problems such as clogged sewers, cracked sidewalks, and pO'.ver service interruptions.
(j)Street trees are not required when a colonnade open to the public is located within four (4)
feet of the edge of the roadway.
(k) Street trees in the Hometown District overlay shall be located per the street tree
requirements set forth under Section 20 7.
* * * *
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Section 2. Section 20-4.5, subsections (H), (I), (J), (K), (L), (M) and (N) are hereby repealed
2 as follows:
3
4 (H) Tree Removal Permit Applicabilit'{.
5 (1) It shall be unlawful for any person, unless othep,vise permitted by the terms of Section 204.5,
6 to do tree removal ","ork or to effectively destroy any tree, or to effectively destroy any
7 understory in a Natural Forest Community, without first obtaining a permit from the City of
8 South Miami.
9 (2) The effective destruction of trees designated to be planted, preserved, or relocated under
lO Section 20 4.5 (D) & (E) shall not be permitted.
11 (3) No municipal or County official shall issue a tree removal permit that does not comply with
12 Section 20 4.5. Any such permit shall be void.
13 (4) It shall be unlawful for any person to violate or not comply with any of the conditions of a City
14 of South Miami tree removal permit.
15 (5) The following activities are EXEMPT from tree removal permits:
16 (a) Removal of trees within the yard area of an existing single family residence, provided the
17 trees are not within a Natural Forest Community, and are not specimen trees. This
18 exemption does not apply to trees which are growing on public rights of way adjoining
19 existing single family residences;
20 (b) Removal of trees for the construction of a nev'l single family residence, provided that:
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i.
ii.
iii.
j\l ..
The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or
one half acre or less in size (21, 780) square feet, for nay other zoned lot; and,
The lot is being developed as the prinCipal residence of the owner builder; and,
The lot is not 'Nithin an area designated as a natural forest community; and,
The trees are not specimen trees.
(c) Removal of any dead tree;
(d) Removal of trees within State approved plant nurseries and botanical gardens, provided
said trees were planted and are growing for the display, breeding, propagation, sale or
intended sale to the general public in the ordinary course of business;
(e) Removal of trees for the establishment, maintenance, and operation of a bona fide grove
or bona fide tree nursery, except when the proposed tree removal is to occur in a Natural
Forest Community designated under County Resolution No. 1764 84 or under
subsequent revisions of the Natural Forest Community maps, or when the proposed tree
removal will affect specimen trees as defined herein. Any person desiring to remove
trees pursuant to this provision shall obtain v"ritten approval from the Planning Division
prior to the commencement of any such activities under this exemption;
(f) Removal of any of the following tree species:
i.
ii.
iii.
j\l v.
" v.
Melaleuca quinquenervia (cajeput or paperbark tree);
Casuarina spp. (Australian pine, beefv'lood);
Schinus terebinthifolius (Brazilian pepper), provided it is not 'Nithin a Natural Forest
Community, in which case a permit must be obtained, prior to removal, from the
Metro Dade County Department of Environmental Resources Management;
Bischofia javanica (bishop",,/Ood);
Ricinus communis (castorbean);
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vi. Psidium guajava (guava);
vii. .A,lbezzia lebbek ('.'lioman's tongue);
viii. /\cacia auriculaeformis (earleaf acacia);
ix. Schefflera actinophylla (Queensland Umbrella Tree);
x. Araucaria heterophylla (Norfolk Island Pine); and,
xi. Metopium toxiferum (poison wood), provided it is not within a Natural Forest
Community, in which case a permit must be obtained, prior to removal, from the
Metro Dade County Department of Environmental Resources Management.
(g) Removal of any tree '.'lihich has been destroyed or effectively destroyed by an Act of
God, or by acts outside of the control of any person, individuallv or othePNise, who had or
had a legal, beneficial or equitable interest in the real property upon which such tree is
located, '""hich acts could not have been prevented bv the exercise of reasonable care by
any such person, individually or othePNise, who has or had a legal, beneficial or
equitable interest in the real property upon which such tree is located. V\/here a tree has
been destroyed or effectively destroyed by acts outside of the control of a person who
has or had a legal, beneficial or equitable interest in the real property upon 'Nhich such
tree is located, which acts could not have been prevented by the exercise of reasonable
care by such person, this provision shall be construed to impose joint and several liability
upon the person(s) destroying or effectively destroying such tree, and to exempt from
liability for such destruction or effective destruction the person who has or had a legal,
beneficial or equitable interest in the real property upon 'Nhich such tree is located;
(h) Removing, trimming, cutting, or altering of any mangrove tree or removal of any tree
located upon land which is wetlands as defined in Section 24 3, Code of Metropolitan
Dade County, Florida;
(i) Removal of tree within a bona fide fruit grove for the express purpose of converting said
bona fide fruit grove to another bona fide agricultural purpose;
(j) Any mortgagee with respect to property upon which any violation of these provisions has
occurred shall not be liable for such violation unless, prior to said violation, said
mortgagee has foreclosed upon said property or participated in the management or
control of said property, or unless said mortgagee has effected or caused violations of
Section 20 4.5 occurring on said property.
(k) Any action which occurred prior to February 21, 1989, shall not constitute a violation of
Section 20 4.5 (H) through (l).
34 (I) Tree Remova! Permits Submittals.
35 (1) Tree removal permits are required for the removal or relocation of any tree not specifically
36 exempted under § 20 4.5(H)(5). The Planning Division shall provide permit application forms
37 which shall be used by applicants.
38 (2) An O'lmer, agent of the owner, or lessee of a property may apply for a tree removal permit. If
39 the applicant is a lessee or agent of the owner, a statement from the o'J'Iner indicating that the
40 owner has no objection to the proposed tree removal shall be submitted with the application.
41 (3) The permit applicant shall submit to the Planning Division:
42 (3) A completed tree removal permit application form; and,
43 (b) Two (2) sets of site plans which shall include the locations of all existing tree resources
44 and all proposed structures or utilities which may require removal or relocation of trees;
45 OR,
46 (c) Two copies of a tree survey as defined in § 20 4.5(A); OR,
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(d) Two copies of a tree survey prepared by a landscape architect. architect or an engineer
registered in the State of Florida. if the submitted site plan (above) does not provide
sufficient information to determine '''''hich trees will be affected by proposed development.
(4) The Planning Division may deny an application. or approve an application and issue a permit
(subject to conditions. limitations or restrictions), for the activity proposed under the permit
application. provided that:
(a) A completed application is submitted and the permit fee is paid;
(b) All required plans or covenants are submitted and are in compliance '""ith the standards
in Section 20 4.5
(c) All plans clearly specify conditions. limitations and restrictions required. and that the
permit applicant acknowledges. understands and fully agrees to comply with all said
conditions. limitations or restrictions by signing the permit prior to its issuance; and.
(d) A performance bond. if required by the Planning Director. is posted:
i.
ii.
iii.
j\l ..
The Planning Director may require the posting of a performance bond to guarantee
compliance with all conditions. limitations. and restrictions of the tree removal
permit. including. but not limited to. planting of all required replacement trees.
The bond shall be equivalent to one hundred fifteen percent (115%) of the
estimated cost of the permitted activity and may be in the form of a letter of credit.
surety. cash. or certificate of deposit.
All performance bonds shall remain in force for a minimum of either one (1) year
after the actual completion date of the permitted activity (to ensure that any
replanted trees which perish are replaced). or until viability of all replanted trees has
been achieved. which ever occurs last.
,A,t the discretion of the Planning Director. performance bonds may be partially
released in phases based upon partial completion of planting or other permit
requirements.
27 (5) All tree removal permit applications which remain incomplete for a period of one hundred
28 tlp/enty (120) days shall be denied. A new tree removal permit application shall be required for
29 all work previously proposed under a permit application which has been denied. Approved
30 permits shall expire if work. as specified. is not commenced '.vithin six (6) months of issuance.
31 (6) Any permits related to a Natural Forest Community shall be approved bv the Metro Dade
32 County Department of Environmental Resource Management [DERM].
33 (J) Tree Removal Permit Replacement Standards.
34 (1) Permit review and applicable sub sections.
35 (a) Reviews of completed tree removal applications shall be conducted by the Planning
36 Division under a standard of reasonableness. using the best available practices from
37 biologV. botany. forestry. landscape architecture and other relevant fields. as appropriate
38 for review;
39 (b) On receipt of completed permit applications, the Planning Division shall determine
40 livhether the site contains any portion of a Natural Forest Community. trees subject to
41 protection. or specimen tree (s);
42 (c) If a site contains any portion of a Natural Forest Community. then the permit must be
43 submitted for review by the Metro Dade County Department of Environmental Resource
44 Management [DERM];
45 (d) If there are trees present on a site [other than any portion of a Natural Forest Community
46 or specimen tree(s)]. then the replacement provisions contained under § 20 4.5(J) (2)
47 shall apply; and.
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(2)
n the replacement provisions contained ~~der (e) If a site contains any specimen tree(s), t~!en tree(s), while the replacem~nt provIsions
§ 20 4 5(J) (3) shall apply for the speci f non specimen trees on the site, -' d ~ 20 4 5(J) (2) shall app y tor , , ,
contained un er, I nt The Planning DIVISion
d t in ina tree rep aceme , f t e Non specimen trees, procedu~es f~r re:i:~~ffient ;;;;s required fur the issuance 0 are
shall determine the total num %1I:Wing "",cedural steps: "
removal permit according to the 't The area of existing tree canop y
nOId" co"eraqe on Sl e, 't' ection or Step 1: Determining existing tree ?a db', ;e,:i9w of aerial photography, on Sl e Insp , coverage of a site shall be determine y •
review of a tree survey, 'f existing canopy coverage
f Idosed prolect. The area 0 t hall be
500 square feet replac~~~.n~.~r:a I ,~ ........ ~-....... ~-...... ~ ... ~-~~· .... -~ .. ~·-· ........ -~--.. f3·00 .. ~q~;~; .. f;~C:,~B!:~:: .. ment are~ .. ~ ........ ~ ..... ~._ ... ~
II Sha~ree 2 ........ __ ~ ~-········· .. ······~ .. ~ .. · .... -.. ~ .. ~··· .. ··-···300·~q·~·;r;·feet replacem:~~ .. ~:ea
r .. ···.... . .................. _ ... ~ ....... .. I I Palm Tree 11·00·~q~;; 'feet replacement area
200 square feet replacement area
small trees is acceptable as replacement, (a) Any combination of shade trees, pal~ tre:~, r':Placement categories compensate for the ' provided the total number of trees rom
lost canopy, cano"" coverage at the time of
t t ctualll! has more !" y I b "e
fb) In the event that a rePla':"~~';;,d~~I:-:;;d··~nder the tree replaGement :~i~:d ab~?ih~
planting than the amoun 0, f II credit for the actual canopy coverage \C y then the applicant shall receive u ,
replacement tree at the time of planting,
, list of proposed replacement trees. (c) The applicant shall submit a d (10 000) square feet,
, , xceeds ten thousan , , t the
(d) :;I~:e~':;'~~~~~I~~e ::::rt~eda::fJ;:~~~c::: n~p;::':'ee~~V'!fnp:,~~h s~~~11 b~~:sued
ulrements of § 20 , , , , " , . , minimum reg; ~ ~ a""roped by the Planning D,v,s,on. . t
until said planasee , d t"'ent" (20), then the appllcan
I nt trees excee S.. r, , . , f ~ (e) VVhen the total numb~r of rep aceme IGBment plan consistent 'Nith ~he provlslons
b
0
shall required to submit a landscape rep a 't shall be issued until said plan has een 2G 4,5(J) (4), and no. tree, r~r:noval perml
approved by the Planning DW+S!0f1.:. f I cement trees on site shall
S 'fic Idlacement Or rep a I nt Step 4: Location of replace~ent tree:'lec~;nnot accommodate the required rep aceme be determined by the applicant. If t e Sl e
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Planning Division, then the ' area as determined by the site location subject to because of insuffiGient Rlantlng reRlaGement treeG at an off Gontribution to AGGount =::~Gant shall be regUi~d ~ a~a:tlast alternative, shall R:::~e~t trees whiGh Gannot be Planning Division approv:, °d' to compensate for those rep
(a) VVhen ,native t~e,es ::: of fifty (50) percent of all replace shall be native speci~s; e removed, then all rePlaceme:et~~~~es planted shall be native
otherwlGe, a mlAimU . The number 01
G unt" f ' (9) sseCles, -r to Dade a ,. . d to Rlant in excess a SIX b ~I SReGies reguired. h II not be reqUire rt' al to the num er
(b) Permittees s a: lanted shall bo RroRo-lon-m -• an aRRliGant mav
trees 01 eaGh sReGleS R .. eGies diversity reg u ired here,", en hansement Rlan
I\s an alternative t~ the ml~lmud~'e~Sit'{ in an alternative landscape (c) " Iternatl"e species.
RroRose an a 'IJl (5). . ',," maintains a list 01
desGribed In § 20 4.5 t trees The PlanAing Ol,lslon ded from time to
d d for reslacemen 'h' rst ma" be amen de
8toR 6 Minimum s~:;:~~I-';';aGement tree; and~I~~~~"eQUi:od lor a Florida N~~dg;:~
SReGies lor eaGh GO t s shall have a minimum gu d b" the overall height meas
time. All reRla~:::!n;';:'e heights shall be :::e~:~:h, ~nd or leal. .
or boUor. ~OR meets the ground to the tOR m "I" (12) Ioet in hOight
where the ree shall be a minimum 01 I\,e .e olli"e hundred ent shade trees canop" coverage • (a) 1\11 category ~ replacem d t maturit" should have a )' :-: n -I rn~ an-a, )' , ,
at the time °i R ::~d~r normal growing Gondltlons. .. I . ht lalloet in height at
15001 sguare oe hade trees shall be a mlnl~,um,~,:~~ 01 live hundred 15001 (b) All category 2 r~Pla::~:~~aturitv sho~I,d have a canop), co"
the time 01 Rla:~~~ormal growing Gondltlons. . . It (10) Ioet in height at the
sguare Ioet un I trees shall be a mlAimUm a en 01 three hundred (300) ~ lacement pa m nos" coverage (c)
t\ II category i rep 't" should have a ca )'
--i I r and at matun y , ,
time 01 Rlan-Ing ormal growing Gondllions. (3) Ioet in height at
square Ioet under n shall be a minimum 01 three I ne hundred (100)
(d) All category 2 r~Pla:::::~;~~~t\!r:~:~I,d have a canopy coverage 0 0
the time of planting al growing conditions, , f nlanting and at
feet under norm -" h ' ht at the time 0 E' I
square-. . I ix (6) loot in -elg --m Ioet under norma 1\11 small trees shall be a ml;I\~~:'e~a:e of two hundred (200) square (e) " Id ha"e a cano y •
maturitv shou.:, " ermit aRRliGations growing conditions, , d' reVie\Ning tree remo.al p , he standards to be applie In (3) Specimen =l=re,es, =1= re as follows: involving specimen trees a
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(a) Specimen Tree Preservation. Specimen trees shall be preserved vlhe.never reasonably
possible, and, upon receipt of an application to .remove (a) sp~clme~ tr~e(~), the
Planning Division shall consider the following factors In evaluating said application.
i. Size and configuration of the property;
ii. Size and configuration of any proposed development;
iii. Location of the tree relative to any proposed development;
iv. VVhether or not the tree can be preserved under the proposed plan or any
alternative plan;
v. Health, condition and aesthetic qualities of the tree; and,
vi. Vllhether the tree poses a threat to persons or property.
(b) Alternate plans. I( after review of above, the Planning Division determines that (a)
specimen tree(s) cannot reasonably be prese~ed under. a proposed pl,a~, then the
applicant shall provide an alternate. plan, w~lch sh~1I Include presePv~tlon of the
specimen tree(s) and design alternations consistent ''''Ith the scope .a~d Intent of the
initially proposed plan. These alterations may include, but shall not be limited to:
i. An adjustment of building orientation on a site; and,
ii. An adjustment of lot lines within a site proposal for more than one lot. ''''hen the
adjustment '.vill not cause unreasonable loss of usable sp~ce. An applicant shall
have the burden of proof in the determination of what constitutes an unreasonable
loss of usable space.
(c) Specimen tree relocation. If preservation of the specimen tree(s) and any ~Iternate
design consistent with the scope and intent of the initial plan are ~utuallv exclUSive, then
the Planning Division may issue a permit to rel.ocate the speclme.n tree(s). If a tree
removal permit requires relocation, then the applicant shall be reqUired to relocate the
tree in accordance with the standards in § 20 4.5 (K).
d)
e)
(f)
Removal of specimen trees. If relocation of the specimen tree(s~ is not fe.asible due to
the size, health, location, species or any other factor, then a permit ~ay be Issued for the
removal of the specimen tree(s), and tree replacement shall be reqUired.
Replacement requirements for specimen trees. As a condition of the issu~nce of a tree
removal permit for the removal of specimen trees, tree re~lacement reqUirements shall
be twice those specified for the replacement of non specimen trees under § 20 4.5(J)
f.tt
Fee. In the event that replacement is not feasible on site, then alternativ~ o.ff site
replacement shall be required, or, as a last alternative, there shall be a contribution to
Account No. 219.355, Tree Trust Fund, for the full value of replacement trees.
(g) Exemptions from specimen tree replacement requireme~ts. Applicants may be exempt
form the replacement requirements above, but subl~ct t~ the tree .replacement
requirements contained in § 20 4. 5(J) (2), under the follOWing circumstances.
i. Upon submittal of a statement fro~ a landscape arch.itect register.e.d in th~,~~a~e ::
Florida which indicates that a specimen tree, due to disease, condition, grow. a I
or any other reasonable botanical factor, does. not provide. the aesthetiC or
environmental contribution associated '.'11th a specimen tree. Said state.n:ent shall
include the specific reasons(s) for the claimed exemption from these provIsions;
ii. Vllhen preservation of the specimen tree would cause a foreseeable risk to property;
Qfr
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iii. When a site contains more than one (1) specimen tree, and fifty (50) percent or
more of the existing specimen trees and at least fifty (50) percent of the existing
specimen tree canopy area is preserved.
4 (4) Landscape Replacement Plan. Landscape replacement plans may be required under the
5 provisions contained in § 20 4.5(J) (1). All landscape replacement plans shall be submitted by
6 the applicant and must meet the follo\'ling minimum standards:
7 (a) The number of trees, number of species of trees, and size of trees proposed for planting
8 shall be consistent '.'lith § 20 4.5(J) (2) & (3);
9 (b) The site plan shall include proposed replacement locations for all tree replacements and
10 relocations, and all property lines, proposed and existing structures, drivevvays and utility
11 easements; and,
12 (c) The canopy spread of any tree that is proposed for preservation shall be shown on the
13 plan. VVhere a portion of the canopy of a tree or trees shall be removed without removal
14 of the tree(s), a notation shall be made on the plan indicating the situation and canopy
15 area.
16 (5) Alternative Landscape Enhancement Plan. Instead of replacing all affected trees pursuant to
17 provisions contained in § 20 4.5(J) (2) & (3), an applicant may propose to relocate existing
18 trees or propose a unique project design which provides reasonable assurance that the
19 project complies with the intent to maintain tree canopy.
20 Replacement credit may be granted for planting shrubs or ground covers, based upon the
21 following table, provided, however, that a minimum of fifty (50) percent of the required canopy
22 replacement is achieved by using shade trees and palm trees as required under § 20 4.5(J)
23 (2) & (3).
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r::>_h r~ 1~~~:I_udi ~~~_s_m_a_1I p_a_Ir:,:~)~.~.~_ .. ~~~~~~~~~~~~~~_~~~ .. _ .. ~~~~~.~~~~_ .. ~~~~.~ .. ~~~ .. ~. __ ... __ ~ .. _~ ~._~.I
i Shrub 21 Ground Cover 30 square feet replacement area ;
(a) All category 1 shrubs shall be a minimum of two (2) feet in height at the time of planting
and at maturity should have a canopy coverage of sixty (60) square feet under normal
growing conditions.
(b) All category 2 shrubs and ground covers shall have a root system sufficient to sustain
grovvth at the time of planting and at maturity should have a canopy coverage of ten (10)
to twenty (20) square feet under normal growing conditions.
(c) The applicant shall have the burden of demonstrating that a deSign meets the intent of §
20 4.5(J) (2) & (3). At a minimum, an alternative landscaping enhancement plan shall
include, without limitation:
i. A sealed statement, prepared by a landscape architect, registered in the State of
Florida, which indicates that the intent of § 20 4.5(J) (2) & (3) can be effectively met
through the submission of the alternative design; and,
ii. A site plan, prepared by said landscape architect, registered in the State of Florida,
that includes the proposed location, scientific name or description of vegetation to
be preserved or planted, property lines, proposed and existing structures, driveways
and utility easements; and,
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iii. A tabulation that identifies any deviations from the requirements of § 20 4.5(J) (2) &
(3) and explicitlv provides tree replacement alternatives.
(d) The Planning Division may approve an alternative landscape enhancement plan 'Nhen:
i. The design preserves and incorporates existing vegetation; and,
ii. The design exceeds the minimum requirements or equivalent of § 20 4.5(J) (2) &
@h
(K) Tree Removal Permit Relocation Standards. The relocation of any tree that is subject to the
provisions of Section 20 4.5 shall be consistent 'Nith the following minimum standards:
(1) Trees other than palms:
(a) Tree roots shall be severed in such a manner as to provide a root ball 'Nhich is sufficient
to ensure survival of the tree when relocated. ,A, sufficientlv sized planting hole shall be
provided at the relocation site to ensure successful re gro'.'vth;
(b) After root severing, adequate time shall be allowed prior to replanting to ensure survival
of the tree(s). /\fter root severing and prior to relocation, tree(s) shall be watered a
minimum of t\'lice 'Neekly; and, after relocation, said tree(s) shall be watered a minimum
of tl:'1ice weekly until the tree(s) are established;
(c) During removal and transportation of the tree, the root ball and vegetative portions of the
tree shall be protected from damage from wind or injury; and,
(d) Any tree that dies or becomes nonviable within one (1) year of relocation shall be
replaced according to the standards set forth in § 20 4.5(J) (2) & (3).
(2) Palms:
(a) A ball of earth at least one (1) foot from the base of the trees shall be moved with the
tree;
(b) Fronds shall be securely tied around the bud prior to relocation and shall remain securely
tied around the bud during the entire relocation process and for a minimum of one (1)
'.'leek after relocation; and,
(c) Any palm that dies or becomes nonviable 'Nithin one (1) year of relocation shall be
replaced according to the standards set forth in § 20 4.5(J) (2) & (3).
(3) Preservation credit for relocated trees. Permittees who successfully relocate trees shall
receive full credit for the relocated trees and the tree replacement requirements herein shall
not apply to such relocated trees. All relocated trees shall meet the standards set forth above.
(L) Tree Protection Required Barriers. During site development, protection requirements for trees
designated for preservation under an approved tree removal permit shall include, but not be limited
to, the following:
(1) Protective barriers shall be placed around each tree, cluster of trees, or the edge of the
preservation area no less than six (6) feet (in radius) from the trunk of any protected tree
cJ.u.st~n area unless a lesser distance is specified by the Planning Division.
(2) Protective barriers shall be a minimum of four (4) feet above ground level and shall be
constructed of 'Nood, plastic or metal, and shall remain in place until development is
completed. Protective barriers shall be in place prior to the start of any construction.
(3) Understory plants within protective barriers shall be protected.
(4) No excess oil, fill, equipment, building materials or building debris shall be placed within the
areas surrounded by protective barriers, nor shall there be disposal of any waster material
such as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees
or understory plants within the areas surrounded by protective barriers.
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(5) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or othePNise inflict
damage to the tree.
(6) Natural grade shall be maintained 'Nithin protective barriers. In the event that natural grade of
the site is changed as a result of site development, such that the safety of the tree may be
endangered, tree 'Neils or retaining 'Nalls are required.
(7) Underground utility lines shall be placed outside the areas surrounded by protective barriers.
If said placement is not possible, disturbance shall be minimized by techniques such as
tunneling or overhead utility lines.
(8) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes
and trenches located close to trees shall be dug by hand and adjusted as necessary, using
techniques such as discontinuous footings, to avoid damage to major roots.
(9) Trees that are effectively destroyed, shall be replaced according to the standards of § 20
4.5(J) (2) & (3).
(M) City of South A4iami Tree Trust Fund.
(1) Creation of the tree trust fund. There is hereby created a tree trust fund, under Account No.
01 02 19.335, the purpose of which is to acquire, protect, and to plant trees on public
property.
(2) Disbursement and maintenance of the tree trust fund. Monies obtained for the tree trust fund
shall be disbursed for the acquisition, maintenance, management, protection, or planting of
trees on public property.
(3) Source of monies for the tree trust fund. Said tree trust fund shall consist of contributions in
lieu of, or in conjunction with, required replacement plantings under Section 20 4.5. The
Planning Division shall collect funds deSignated for the tree trust fund when the replacement
planting requirements of § 20 4.5(J) (2) & (3) cannot be met.
(4) Decisions to grant or deny tree removal permits shall be made 'Nithout consideration of the
existence of this fund or offers of donations of monies thereto.
(N) Violations of Section 20 4.5.
(1) The Planning Division shall charge and collect permit fees and trust fund contributions.
Applications from government agencies for tree removals in areas dedicated to public use
may be exempted from permit fees.
(2) The Planning Division and Building Division shall have the right to inspect any lands affected
by Section 20 4.5 and to issue cease and desist orders and citations for violations.
(3) Failure to install or maintain landscaping according to the terms of Section 20 4.5 shall
constitute a violation of this Code.
(4) Failure to plant, preserve, or maintain each individual tree shall be considered a separate
violation of this Code.
(5) Each day in which either landscaping or individual trees are not installed or maintained,
according to the terms of Section 20 4.5, shall constitute a continuing and separate violation
of this Code.
(6) Any person, firm or entity violating any provision under Section 20 4.5 shall be subject to a
fine of up to two hundred fifty dollars ($250.00) per day per tree, pursuant to provisions of this
Code and State.
* * * *
Section 3. The Land Development Code of South Miami, Florida originally enacted by
Ordinance No. 3-96-1603, and as amended, by Ordinance 7-98-1655, is hereby amended adding a
new section 20-4.5.1 to be known as the Tree Protection ordinance as follows:
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SECTION 20-4.5.1 TREE PROTECTION
ill Intent and Purpose.
a) 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 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.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Trees clean the air by absorbing some polluting gases and filter some particulates
out of the air by trapping them on their leaves and bark.
Trees provide oxygen as a product of their growth.
Trees conserve energy by helping to cool the streets and the city by reducing the
direct sunlight from heating pavement and buildings.
Trees save water by slowing evaporation rates from lawns.
Trees help prevent water pollution by reducing runoff by allowing the water to flow
down the trunk and into the earth below the tree, helping to prevent stormwater
from carrying pollutants to the ocean. On hillsides or slopes, trees slow runoff and
hold soil in place.
Trees add to the aesthetic of an area and as landmarks can give a neighborhood a
new identity and encourage civic pride.
Trees provide a canopy and habitat for wildlife.
Trees increase property values.
Trees can increase business activity. Studies have shown that the more trees and
landscaping a business district has, the more business will flow in. A tree-lined
street will also help slow traffic, in many instances, enough to allow the drivers to
look at the storefronts instead of passing by more quickly.
b) The purpose of this section is to declare that the policy of the City of South Miami is to
protect and nurture trees, encourage the planting and preservation of trees, and assure
that the design and construction of all development activity is executed in a manner
consistent with the preservation of existing trees to the greatest extent possible, and to;
i. Establish and maintain the maximum amount of tree cover on public and private lands
in the city by prohibiting the destruction and removal of trees except in accordance with
the standards set forth in this article;
ii. Maintain all trees in the city to be healthy and nonhazardous condition through
professionally accepted arboricultural practices and in compliance with the provisions
of Section 20-4.5 of the City's landscape code, and the established standards of the
Miami-Dade County Department of Environmental Resource Management (DERM);
iii. Establish and revise as necessary standards for the planting and maintenance of trees
so as to improve the economic base of the city by improving property values, to
enhance the visual quality of the city and its neighborhoods and to improve public
health by lessening air pollution;
iv. Minimize hazards and damage to streets and sidewalks and lessen public rights-of-
way maintenance costs;
v. Provide for the designation and additional protection of historic and specimen trees;
vi. Promote efficient and cost-effective management of the urban forest through the
development of a comprehensive long-range urban forest master plan; and
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vii. Provide latitude in the interpretation and application of city administrative rules,
standards and guidelines when reasonable and necessary to minimize the destruction
of trees.
8 ill Authority to supervise, enforce, modify and supplement regulations.
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10 a) Planning Department. It shall be the duty of the planning department to coordinate with
11 the City's arborist and public works personnel to ensure compliance with the
12 regulations contained herein and to cooperate with, and assist the code enforcement
13 personnel in the prosecution of any violation of this section.
14 b) Code Enforcement Department. It shall be the duty of the code enforcement agency to
15 prosecute violations of the regulations contained herein. The code enforcement
16 agency may prosecute violations in conjunction and cooperation with the planning
17 department or on its own initiative.
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19 c) Police Department. In instances in which a person is found cutting or otherwise causing
20 the destruction of a tree without a permit, the South Miami Police Department shall
21 require such person or persons to cease such operations until the necessary permit is
22 obtained.
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24 d) City Commission. The City Commission will receive and review all recommendations
25 referred to it by the Planning and Zoning board for modification of existing regulations
26 or the addition of supplementary regulations. Any decision to enact regulation
27 modifications or supplementary regulations shall remain within the sole and exclusive
28 legislative jurisdiction of the City Commission. The City Commission shall have the
29 ability to refer the recommendations to the City Manager for his professional advice
30 and possible amendments.
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32 e) City Manager. The city manager is hereby authorized to enter into agreements with the
33 owners of private property located within the city for the purpose of acquiring
34 easements to plant trees on such property and in consideration for such agreement,
35 the private property owner shall acquire ownership of such trees as the city may plant;
36 provided, however, that any such agreement shall limit the duration of the easement to
37 a time period of two years and shall limit the property interest acquired by the city to
38 that distance sufficient to allow the planting and initial maintenance of trees, but in no
39 case to exceed a maximum of a 22-foot setback from the property line or right-of-way
40 held by the city. Provided further, that under such agreement the private property
41 owner shall agree to subsequently maintain the trees planted thereon and shall also
42 agree to hold the city harmless for any liability attributable to the planting or presence
43 of the trees on the private property.
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45 m Tree Removal Permit Applications, Requirements and Review, Fees.
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47 a) Permit, When Required. A tree removal permit shall be required for the
48 removal or relocation of any tree within the City, unless exempted by Section 20-
49 4.5.1 (P). A tree removal permit shall also be required for the pruning or trimming of
50 more than 25 percent of the canopy of a tree. No person, agent or representative
51 thereof, directly or indirectly, shall cut down, remove, relocate, or effectively remove any
52 tree on any property, without first obtaining a tree removal permit as hereinafter
53 provided. No building permit for any work on the subject site, including new
54 construction, additions, carports, pools, decks, fences, driveways, parking lots, tennis
55 courts, demolition, or similar work, shall be issued by the Building Department unless
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the Planning Department has determined that no tree removal permit is required or that
a valid tree removal permit has been issued in accordance with this section.
b) Application Requirements. Applications shall be made on the form provided for
that purpose and shall include a written statement indicating the reasons for the removal
or relocation of each tree. The following documentation and all applicable fees shall
accompany each application&.
i. For applications for tree removal in conjunction with new construction, including
additions, pools, driveways, parking spaces, sidewalks, recreational facilities, and
decks, a tree survey drawn to' scale identifying the species and listing the height,
spread and diameter of all existing trees shall be provided. Said survey shall be
prepared, signed and sealed by a Professional Land Surveyor, licensed in the
State of Florida.
ii. For applications for tree removal in conjunction with any other activity requiring a
building permit, or for any other tree removal, a site plan prepared, signed and
sealed by a Professional Land Surveyor, licensed in the State of Florida drawn to
scale identifying the species and listing the height, spread and diameter of all
existing trees shall be provided. Said site plan may be limited to the immediate
area of the proposed work, and photographs of the existing trees within said area
may be acceptable in lieu of tree identification regarding species, height, spread
and diameter.
iii. A tree disposition plan prepared, signed and sealed by a Professional Architect or
Professional Land Surveyor, licensed in the State of Florida drawn to scale
identifying and listing all existing trees and specifying the condition of each tree
and whether said trees are to remain, to be removed and/or to be relocated. This
plan shall also illustrate the location 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. For
applications involving the construction of a new building(s}, the tree disposition
plan shall be prepared, signed and sealed by a Professional Architect or
Professional Land Surveyor, licensed in the State of Florida.
iv. A tree mitigation plan prepared in accordance with the tree mitigation Section of
this ordinance
ill REVIEW OF APPLICATION. Upon receipt of a completed application, the Planning
Department (hereinafter referred to as Department, and the City arborist, shall review said
application for compliance with the regulations as set forth in this Section. Such review shall
include a field inspection of the site and referral of the application to other departments or
agencies as necessary. Within 15 calendar days of the receipt of a completed application, the
Department shall issue an intended decision approving, denying or approving with conditions
said application.
@ NOTICE Within 24 hours of the issuance of an intended decision to approve or deny an
application for a tree removal permit, the Department shall notify the applicant and post a notice
of the intended decision on or adjacent to the property in a location visible to the general public.
The posting is to remain fully visible from the primary roadway serving the property, on the
subject property for 10 calendar days from the posting date.
@l ISSUANCE OF PERMIT If no appeal, in accordance with Section 20-4.5.1 (M), is
timely filed within 10 working days of the issuance of the intended decision, the tree removal
permit. if originally approved by the Department, shall be issued. The property owner shall be
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responsible for insuring that the tree removal permit is displayed until the city declares in writing
that the authorized work is completed and the permit has been honored without damage to
trees.
ill FEES Fees shall be as established pursuant to Ordinance No. 15-04-1822, as
amended, "Fee Schedule," of the City of South Miami. Applications from government agencies
for tree removals solely in areas dedicated to public use may, at the discretion of the City
Commission, be exempted from application fees and permit fees.
{§2 FINAL INSPECTION No later than 18 months following the completion of the
authorized work, the applicant shall schedule a final inspection with the Department for
verification of compliance with authorized work including any required maintenance of the
foliage.
® CRITERIA FOR TREE REMOVAL, RELOCATION AND REPLACEMENT. Any or all
of the following conditions may be required:
(a) The applicant may be required to redesign the project to preserve specimen tree(s), or
any other tree determined by the Department to be of substantial value due to its species,
size, age, form and/or historical significance, and to provide an alternate plan, when
feasible, which shall include the preservation of said tree(s) and design any alterations
within the scope and intent of the initially proposed plan.
(b) Where practical, specimen trees, or any other tree determined by the Department to be of
substantial value due to its species, size, age, form and/or historical significance, that is
proposed for removal shall be relocated on or off-site. The applicant shall adhere to
acceptable tree relocation specifications, in accordance with ANSI A300 Standards.
(c) If it is impractical to relocate said tree(s) either on or off-site because of age, type or size,
the applicant shall be required to replace all trees permitted to be removed in accordance
with the tree mitigation requirements in tree removal Section of this ordinance.
(d) The Department may require that the applicant provide a written report from a Certified
Arborist before making any determinations in conjunction with this section. The
Department may also require monitoring by a Certified Arborist during construction to
assure tree preservation.
i1.Ql 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 as well as in compliance with the provisions of this Section.
(a) Prohibited Species. Mitigation shall not be required for the removal of any prohibited
species except Ficus altissima (Lofty Fig) and Ficus benghalensis (Banyan Tree). and no
fees shall be charged for such removal.
(b) Tree Quality. 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 shall be planted
according to sound nursery practices as illustrated in the Landscape Manual.
(c) Off-Site Mitigation. If the total number of trees required as mitigation cannot be
reasonably planted on the subject property, the applicant may enter into agreement with
the City, to plant the excess number of replacement trees on public property within the
City.
(d) Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably
planted on the subject property, or at the City's direction, as an alternative to the off-site
mitigation provided in the Tree removal Section of this ordinance., the applicant shall
contribute to the City's Tree Trust Fund the sum of ($1000.00) for each 2" DBH required
as mitigation in accordance with the Tree removal Section of this ordinance.
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.L1JJ. General Tree Protection
(a) Tree Protection during Construction. Trees shall be protected during construction
through the use of protective barriers in accordance with the Landscape Manual.
Trees that are to remainon site, shall be clearly identified with tags. A protected area
with a radius of 10 feet shall be maintained around trees to remain in accordance with
the Landscape Manual. unless the city's certified arborist otherwise determines in
writing that a smaller or larger protected area is acceptable for each tree, or an
alternative tree protection method is approved.
(i) No oil. fill, equipment, building materials or building debris shall be placed
within the areas surrounded by protective barriers, nor shall there be disposal
of any waste materials such as paints, oils, solvents, asphalt. concrete, mortar
or any other materials harmful to trees or understory plants within the areas
surrounded by protective barriers.
(ii) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or
otherwise inflict damage to the tree.
(iii) Natural grade shall be maintained within protective barriers. In the event that
the natural grade of the site is changed as a result of site development. such
that the safety of the tree may be endangered, tree wells or retaining walls may
be required.
(iv) Underground utility lines shall be placed outside the areas surrounded by
protective barriers. If said placement is no possible, disturbance shall be
minimized by using techniques such as tunneling.
(v) Fences and walls shall be constructed to avoid disturbance to any protected
tree. Post holes and trenches located close to trees shall be dug by hand and
adjusted as necessary, using techniques such as discontinuous footings, to
avoid damage to major roots.
(b) During demolition and/or development. including installation of irrigation systems or any
other underground installations, protective barriers shall be placed around each tree
and shall remain in order to prevent the destruction or damaging of roots, stems or
crowns of such trees. The barriers shall remain in place and intact until such time as
approved landscape operations begin; however, barriers may be removed, subsequent
to written permiSSion from the City after an onsite inspection, temporarily to
accommodate construction needs, provided that the manner and purpose for such
temporary removal will not harm the trees. The trees shall be properly irrigated
throughout the building process. Trees damaged during construction shall be subject
to the provisions of Section20-4.5.1 (N). Understory plants within protective barriers
shall be protected.
(c) Tree Pruning/Trimming. The pruning or trimming of any tree shall be in accordance
with guidelines in the Landscape Manual. No more than 25 percent of a tree's living
canopy shall be removed within a one-year period. The practice known as "hatracking"
is not permitted and shall be considered a violation of this section. Any other tree
abuse, or activity that can effectively destroy a tree, shall also be considered a violation
of this section. A violation of this section of the code shall be mitigated in accordance
with this ordinance.
Ull Enforcement
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(a) Jurisdiction. The City shall 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 removal permit and the provisions of this section.
(b) Individual Enforcement. Each tree removed without a tree removal Permit shall
constitute a separate and distinct violation and shall be the subject of individual
enforcement.
(c) Tree Viability After Project Completion. If the City determines that any tree is not
viable, alive and growing one year after all associated development activity on the
property is completed, the City shall require that said tree be replaced with the same
tree species and size which was originally planted or relocated, as per the approved
tree removal permit.
(13) Penalties, Remedies Cumulative
(a) Fine. Any person, or agent thereof, who removes a tree without a tree removal
permit. shall minimally be subject to a fine of $500 per violation, or a greater
penalty as proved by law, plus mitigation in the form of replacement trees or an
amount which would have been required into the Tree Trust Fund. Each tree
removed without a tree removal permit shall constitute a separate and distinct
violation, subject to a separate fine and mitigation.
(b) Tree Mitigation Required. In addition to the monetary fine established above, the
planting of replacement trees shall be required. If the total number of trees
required as mitigation cannot be reasonably planted on the subject property, the
applicant shall contribute into the City's Tree Trust Fund in an amount based upon
the chart below. Mitigation shall be initially satisfied no more than sixty (60) days
after the mitigation has been ordered.
(c) Tree Mitigation for Trees Removed Without a Permit. This
chart shows the following values which are intended to be minimum
levels of replacement for each size of tree removed.
Diameter
Qf
removed
2" -3"
4"-6"
7" -12"
13" -18"
19" -24"
25" -30"
31" -36"
37" -42"
43" -48"
49" or 40
2.
1.
§
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16
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Qi
Qi
Qi
Qi
Qi
Qi
Qi
Qi
Qi
Qi
Diameter
4" DHB
1
2.
1.
§
§
.1.Q
12.
11.
1§
20
The above formula approximates the following example:
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Qi
Qi
Qi
Qi
Qi
Qi
Qi
Qi
Qi
Qi
In lieu of
Replacement
$1,000
$2,000
$4.000
$6,000
$8,000
$10,000
$12,000
$14,000
$16,000
$20,000
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For every 500' Square feet of canopy removed, one 12ft'replacement would be
required. For instance, if 2,300 sq ft of 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 $500.00 this example would require a minimum of
$2,500.00.
(d) Irreparable or Irreversible Violations. In the event the Code Enforcement
Special Master finds the removal of any tree without the required permit to be
irreparable or irreversible in nature, it may impose a fine not less than $2,000 and not
to exceed five thousand ($5,000) dollars per violation, plus mitigation as required in this
chapter. In determining the amount of the fine in excess of $2,000, the Special Master
shall consider, in accordance with Section 162.09, Florida Statues, as amended, the
following factors:
(i) The gravity of the violation;
(ii) Any actions taken by the violator to correct the violations; and
(iii) Any previous violations committed by the violator.
(e) Withholding of a New Building Permit. The removal of any tree in violation of this
section shall constitute grounds for withholding new building permits for the subject
property until the violation has been corrected, including the payment of all fines
and the planting of all trees required as mitigation, pursuant to this section has
occurred to the satisfaction of the city. Alternatively, in order to obtain the new
building permit, the person in violation may post a payment and performance bond
pursuant to 255.05 of the Florida Statues naming the City of South Miami as
Obligee. The bond shall be in the amount of ten percent of the construction cost or
ten percent of the appraised value of the property, which ever is greater. The bond
will be maintained in place until the violation has been corrected, pursuant to this
section. This section shall not apply to complete applications submitted to the City
on the effective date of this ordinance.
(f) Withholding of a Certificate of Occupancy. The Building Department shall not
approve the zoning inspection required for a temporary or final Certificate of
Occupancy until all 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.
(9) Suspension of Occupational License. Any person who performs any services in
the City and who violates this ordinance shall not be issued an occupational
license until he has complied with this ordinance, paid all fines incurred and
complied with all requirements for tree mitigation.
(h) Remedies Cumulative. The remedies provided in this section shall be cumulative
to all remedies provided by law and/or equity, and the election of one shall not
preclude the other.
(i) Costs and Fees. In the event the City institutes any civil action to enforce the
terms of this section in a court of competent jurisdiction, the City shall be 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.
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Exemptions. The following are exempt from the provisions of this section:
(a) Any tree growing in a botanical garden or a licensed plant or tree nursery
business.
(b) When the City Manager determines in writing that tree removal permitting
requirements will hamper private or public work to restore order to the City after a
declared state of emergency by the City Commission.
(c) The removal of any tree during or following an emergency such as an act of
nature or a life safety issue.
(d) Removal of any of the following nuisance tree species:
SPECIES COMMON NAME
Acacia Auriculiformis Earleaf Acacia
Albizzia lebbeck Woman's Tongue
Araucaria heterophylla Norfolk Island Pine
Bambusa Tree Bamboo
Bischofia javanica Bischofia
-
Brassaia actinophylla Schefflera
Casuarina spp Australian Pine
Cupaniopsis anacardiodes Carrotwood
Enterolobium cyclocarpum Ear Tree
Eucalyptus spp Eucalyptus
Ficus spp Ficus
Grevillea robusta Silk Oak
Hibiscus tiliaceus Mahoe
Melaleuca quinquenervia Melaleuca
Metopium toxiferum Poison Wood
Psidium quajava/littorale Guava
Ricinus communis Castorbean
Sapium sebiferum Chinese Tallow Tree
Schinus terebinthifolius Brazilian Pepper
Syzygium cumini Java Plum
Thespesia populnea Mahoe
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Nothing in this section shall be construed to prevent the proper pruning or trimming of
trees where necessary for proper landscape maintenance and safety. provided that no
more than 25 percent of the crown or foliage is removed.
{ill Street trees.
(a) Size and spacing. Street trees shall be of a species typically grown in Miami-Dade
County which normally mature to a height of at least twenty (20) feet. Street trees shall
have a clear trunk of four (4) feet, an overall height of twelve (12) feet and a minimum
caliper of two (2) inches at time of planting. and shall be provided along all roadways at
a maximum average spacing of thirty-five (35) feet on center. except as otherwise
provided in this Chapter. Street trees are not required when a colonnade open to the
public is located within four (4) feet of the edge of the roadway. Street trees shall be
placed within the swale area or shall be placed on private property where
demonstrated to be necessary due to right-of-way obstructions as determined by the
Public Works Department or the appropriate authority within the municipality.
(b) The thirty-five (35) foot average spacing requirement for multiple single-family units
shall be based on the total lineal footage of roadway for entire projects and not based
on individual lot widths.
(c) Power lines. Where the height and location of overhead power lines require the
planting of low growing trees. street trees shall have a minimum height of eight (8) feet.
a minimum caliper of one and one-half (1 %) inches at time of planting. and shall meet
the following requirements:
i. Single trunk trees clear of lateral branches to four (4) feet and/or multi-trunk
trees or tree/shrubs. as referenced in the Landscape Manual, cleared of foliage to
a height of four (4) feet.
ii. A maximum average spacing of twenty-five (25) feet on center.
Iii Maturing to a height and spread not encroaching within five (5) feet of overhead
power distribution lines.
iv. Under high voltage (50kV and above) transmission lines installed independent
of underbuilt distribution lines. tree height and spread shall not exceed the
minimum approach distances specified in the current ANSI (American National
Standards Institute) Z133.1 Standards. as referenced in the Landscape Manual.
(d) Palms. Palms which meet all of the following requirements shall count as a
required street tree on the basis of one (1) palm per tree.
i. Minimum canopy of fifteen (15) feet at maturity.
ii. Provided at an average maximum spacing of twenty-five feet (25) feet on
center.
iii. Fourteen (14) foot minimum overall height or minimum caliper of four (4)
inches at time of planting.
iv. It is provided however that 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.
(e) Thirty (30) percent of the required trees and/or palms shall be native species.
(f) In order to prevent adverse environmental impacts to existing native plant
communities. only existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy
minimum tree and native plant requirements. except that Cabbage Palms which are
rescued from government approved donor sites. transplanted within the site. or
commercially grown from seed shall be counted towards the minimum tree and
native plant requirements.
(g) When trees are planted within the right-of-way. the owners of land adjacent to the
areas where street trees are planted must maintain those areas. including the trees.
plants and sod. using pruning methods specified in this section. A covenant executed
by those owners is required. or a Special Taxing District must be created to maintain
these areas. Where the State. County. or municipality determines that the planting of
trees and other landscape material is not appropriate in the public right-of-way. they
may require that said trees and landscape material be placed on private property.
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(h) Where trees are planted on private property, they shall be placed within seven
(7) feet of the edge of the dedicated right-of-way or within seven (7) feet of the edge
of the roadway and/or inside edge of a sidewalk on private roads.
(i) Consideration shall be given to the selection of trees, plants and planting site to
avoid serious problems such as clogged sewers, cracked sidewalks, and power
service interruptions.
(j) Street trees are not required when a colonnade open to the public is located
within four (4) feet of the edge of the roadway.
(k) Street trees in the Hometown District overlay shall be located per the street tree
requirements set forth under Section 20-7.
(16) Planting in Relation to Utility Lines. The ultimate, mature height and width of a tree to
be planted shall not exceed the available overhead growing space as limited by the tree
touching the overhead obstacle. A list of small trees and palms which may be permitted to
be planted adjacent to utility lines is available in the University of Florida IFAS "Trees and
Powerlines" document.
Ull Emergency Provisions. In the event that the City Manager determines that any tree in
the City may constitute a hazardous condition so as to endanger the public health, safety
and general welfare unless it is immediately removed or pruned, the City Manager, or his
deSignee, may verbally authorize the removal of such tree following an onsite inspection of
the 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 by a majority
vote of the City Commission following the occurrence of a hurricane, tornado, flood, or
other natural disaster.
Section 4. Codification. The provisions of this ordinance shall become and be made part of
the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may
be renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word.
Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 6. 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, it is 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 can be harmonized or when only a portion of the ordinance in
conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be
harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore,
only that portion that needs to be repealed to harmonize the two ordinances shall be repealed.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of ______ , 2014.
ATTEST: APPROVED:
CITY CLERK MAYOR
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1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh: