11 RESOLUTION NO.
2
3 A Resolution extending the City of South Miami's moratorium on
4 issuance of permits to cut or otherwise kill all trees,with certain limited
5 exceptions,until the existing tree protection ordinance can be amended
6 to provide better protections.
7
8 WHEREAS,development of properties inthecityhas increased in pace;and
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10 WHEREAS,the City's tree ordinance states "The intent of this section isto provide a
11 mechanism to protect,reserve,and restore thetree canopy within the City of South Miami by
12 regulating the removal,relocation and trimming of trees";and
13
14 WHEREAS,developers haverecently obtained permits andcutdown extremely old,
15 slow-growing,nativetreesincludingDadeCountyslashpineandcabbagepalms,aswellaslarge
16 live oaks;and
17
18 WHEREAS,the residents and City Commission of South Miami have not been convinced
19suchdestructionwasnecessarytoredeveloptheproperties;and
20
21 WHEREAS,on September 2,2014theCity adopted Resolution 177-14-14271 which
22 prohibited the issuance ofanytree removal permit,exceptfornuisancespeciesalready exempted
23 from requirements foratreeremovalpermit,tocutdown,removeorotherwisekillanytrees.
24 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
26
27 Section 1.TheCity hereby issuesaextendsthecurrent moratorium onthe issuance of
28 any trees-removal permits,exceptfor nuisance species alreadyexemptedfrom requirements fora
29 tree removal permittocut down,remove or otherwise killanytreesandastotree removal permits
30 applied forin conjunction withsite plans that have been previously approved priortothe adoption
31 of themoratoriumresolution,providetheapplicantagreestonotifytheCityManager of the date,
32timeandplace of the removal byemailatleast5 business days before commencement of the
33 removal actionandthatthe failure tonotifyshallsubjecttheapplicantto liquidated damages of
34 $250 per tree.
35
36 Section 2.The City Manager's rights of emergency removal shall be retained.
37
38 Section 3 The moratorium shall expire on January 6,2015 orthe date thatthe City
39 Commissionapproves ordeniesarevisiontothetree protection.
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41 Section 4.If any section clause,sentence,or phrase of this resolution is for any reason
42 held invalid or unconstitutional bya court of competent jurisdiction,the holding shall not affect
43 thevalidity of theremainingportions of thisresolution.
44
45 Section 5.This resolution shall take effect immediately upon adoption.
46
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PASSED AND APPROVED this.
ATTEST:
CITY CLERK
day of
READ AND APPROVED AS TO FORM:
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
_,2014.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
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RESOLUTION NO.177-14-14271
A Resolution enacting a moratorium on issuance of permits to cut
or otherwise kill aH any.trees until the existing tree protection
ordinance canbeamendedtoprovide better protections.
WHEREAS,development of properties inthecityhasincreasedinpace;and
WHEREAS,theCity's tree ordinance states "The intent ofthis section isto provide a
mechanism to protect,reserve,and restore the tree canopy within the City of South Miami by
regulating the removal,relocation and trimming of trees";and
WHEREAS,developers have recently obtained permits and cut down extremely old,
slow-growing,native trees including Dade County slash pine and cabbage palms,as well as large
live oaks;and
WHEREAS,the residents andCity Commission ofSouthMiamihavenotbeen
convinced such destruction was necessary to redevelop the properties;and
NOW,THEREFORE,BEITRESOLVEDBYTHE MAYOR AND CITY
COMMISSION OF THECITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.The City hereby issues a moratorium on the issuance of any trees,except
for nuisance species already exempted from requirements for a tree removal permit to cut down,
removeorotherwisekillanytrees.
Section2.The Citv Manager's rights of emergency removal shall be retained.
Section 2 3 The moratorium shall expire on Oet Nov 1,2014 or the date that the City
Commission approves or denies a revision to the tree protection ordinance that provides greater
incentive for property owners and developers to responsibly relocate or design around existing
nativetreeslistedinSection1,whicheveroccursfirst.
Section 3 4.City staff is instructed to work with the sponsor ofthis resolution to draft a
revision to the existing Tree Protection Ordinance that provides greater incentive for property
owners and developers to responsibly relocate or design around existing native trees of high
valueorlowgrowthrate.
Section 45.If any section clause,sentence,or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not
attect the validity ofthe remaining portions of this resolution.
Section 5 6.This resolution shall take effect immediately upon adoption.
Passed and adopted this 2^_day of September.2014.
Res.No.177-14-14271
ATTEST:
READ ANG&PPROVED.
ICIENCY:
APPROVED:
QUfPUjfl
MAYOR
COMMISSION VOTE:5-0
Mayor Stoddard:Yea
Vice Mayor Harris:Yea
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
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