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ORDINANCE NO. ______ _
4 An Ordinance of the City of South Miami, Florida amending the land Development Code,
5 Section 20-4.5 and 20-4.5.1, including, but not limited to, provisions concerning intent,
6 definitions, applicability and providing for tree removal requirements, applications, permits,
7 fees tree mitigation and protection, enforcement, penalties, remedies, and appeals.
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9 WHEREAS, Ordinance 13-14-2191 adopted on May 20, 2014, amended the City's Landscape
10 requirements by repealing subsections (A), (H), (I), (J), (K), (L), (M) and (N), deleting and transferring
11 Section 20-4.5 (D) to 20-4.5.1 (15) adding a new section 20-4.5 (A) and adding Section 20-4.5.1 titled
12 "Tree Protection"; and
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14 WHEREAS, the residents and City Commission of South Miami feel that the destruction of
15 certain trees is not necessary to redevelop properties; and
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17 WHEREAS, the City Commission feels that the Tree Protection Ordinance No. 13-14-2191,
18 needed additional protections for the preservation of trees; and
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20 WHEREAS, on July 22, 2014, the City Commission adopted a Resolution No. 147-14-14241,
21 enacting a moratorium on the issuance of permits to cut or otherwise kill certain trees until the existing
22 tree protection ordinance can be amended to provide better protections.
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24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
25 SOUTH MIAMI, flORIDA THAT:
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27 Section 1. The Land Development Code of South Miami, Florida originally enacted by Ordinance
28 No. 3-96-1603, and as amended, by Ordinance 7-98-1655, and Ordinance 13-14-2191is hereby amended
29 and specifically Section 20-4.5 and Section 20-4.5.1 are amended to read as follows:
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31 20-4.5 landscaping and tree protection requirements for all zoning districts.
32 A. Intent and Purpose.
33 (1) The intent of this section is to provide a mechanism to protect, preserve and restore the tree
34 canopy within the City of South Miami by regulating the care, protection, removal, relocation
35 and trimming of trees. The benefits of trees to the City are many and include the following:
36 i) Trees help combat the greenhouse effect by absorbing C02, a major source of
37 greenhouse gases which contributes to global warming.
38 ii) Trees clean the air by absorbing some polluting gases and filter some particulates out of
39 the air by trapping them on their leaves and bark.
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iii) Trees provide oxygen as a product of their growth.
iv) Trees conserve energy and reduce the urban heat island effect by helping to cool the
streets and the city by reducing the direct sunlight from heating pavement and buildings and
by evaporative cooling from transpiration of their leaves.
v) Trees save water by slowing evaporation rates from lawns.
vi) Trees help prevent water pollution by reducing runoff by allowing the water to flow
down the trunk and into the earth below the tree, helping to prevent stormwater from
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carrying pollutants to the ocean. On hillsides or slopes, trees slow runoff and hold soil in
place.
vii) Trees add to the aesthetic of an area and as landmarks can give a neighborhood a new
identitv and encourage civic pride.
viii) Trees provide a canopy and habitat for wildlife.
ix) Trees increase property values.
x) Trees can increase business activity. Studies have shown that the more trees and
landscaping a business district has, the more business 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.
(2) 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; to ensure that the applicant takes
all steps reasonably necessary to preserve or relocate existing trees prior to receiving a permit.
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 this
tree protection ordinance, and the established standards of the Chapter 24 of the code of
Miami-Dade County
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;
Promote efficient and cost-effective management of the urban forest through the
development of a comprehensive long-range urban forest master plan; and
vi) Provide latitude in the interpretation and application of city administrative rules,
standards and guidelines when reasonable and necessary to minimize the destruction of
trees.
tAtDefinitions. For the purpose of this section, the following definitions shall apply:
(1) For the purpose of this section, the following definitions shall apply;
W 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.
f31 ~ Arborist, Certified: One who is well-versed in the art of arboriculture, including tree
surgery, the prevention and cure of tree diseases, and the control of insects, and who has a current
International Society of Arboriculture (ISA) Arborist Certification.
f4t Lll Branch Collar: Trunk tissue that forms around the base of a branch.
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f5t 111 Breast Height: A measurement taken at a height four and one-half feet above grade.
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3 fetL2l Caliper: For trees under four (4) inches in diameter, the trunk diameter measured at a height
4 of six (6) inches above natural grade. For trees four (4) inches and greater in diameter, the trunk
5 diameter measured at twelve (12) inches above natural grade. (Per chapter 18A MDC landscape
6 code)
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8 ill Champion Tree: A tree that is the largest of its species, including those trees that have been
9 designated by the Florida Department of Agriculture and Consumer Services, or its successor
10 department that controls and/or regulates Florida forests (hereinafter referred to as the
11 "Department of Agriculture"), as a Florida champion tree
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13 (7) Controlled tree and shrub species: fRe.se species that tend to become nuisances because of
14 their ability to invade proximal native plant communities or native inhabitants, but which, if located
15 and cultivated properly, may be useful or functional as elements of landscape design. This section
16 incorporates by reference the Miami-Dade County Landscape Manual listing of controlled tree
17 species and as may be amended from time to time.
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19 (8) Crown: The upper branches of the tree canopy.
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21 (9) Crown Width: The width of the crown at its widest point measured on a plane parallel to the
22 ground.
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24 (10) Developed land: Land upon which structures or facilities have been constructed.
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26 (11) Diameter (DBH): The diameter of a tree's trunk measured at a height four and one-half feet
27 above grade In the case of multiple-trunk trees, the DBH shall mean the sum of each trunk's
28 diameter.
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30 {ill Drip line shall mean an imaginary vertical line extending from the outermost horizontal
31 circumference of a tree's branches to the ground.
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33 {-R-1ll Drop-crotch Pruning: A specific type of pruning designed to properly reduce the size of
34 trees and defined by the International Society of Arboriculture (ISA) standards, or any subsequent
35 amendments thereto.
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37 (.g~ Effectively destroy or Effectively destroying The cutting, trimming, or damaging of a tree's
38 trunk, branch or root system to the extent that the tree has lost its viability shall mean the girdling, or
39 damaging of a tree's trunk, branch or root system or cutting, pruning or trimming not done in
40 accordance with the most recent American National Standards (ANSI) A-300 Standard Practices for
41 Tree Care Operations pursuant to Chapter4 of the Miami-Dade County Code ..
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43 (15) Equivalent Replacement: A tree, which due to the condition, size and value of the previous or
44 existing tree, is determined by the City to be, or to become within 5 years, equivalent to the tree to
45 be removed.
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47 (16) Equivalent Value: An amount of money which reflects the replacement cost of a tree,
48 (including transportation, planting and the initial years maintenance to insure survival) based on its
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size, condition, location, the market value and specifically the International Society of Arboriculture
2 (ISA) tree evaluation formula.
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4 ( 17)Exotic Tree Species: A plant species that has been introduced to Florida by human action and is
5 defined in this ordinance as a non-native species or by Miami-Dade County as a non-native species.
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7 (18) Florida Number 1 Grade or equivalent shall mean the classification of the quality of a nursery
8 plant as published in Grades and Standards for Nursery Plants, Part II, Fla. Dept. of Agriculture and
9 Consumer Services, Division of Plant Industry.
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11 .L12lGirdling: The cutting through the outer surface of a tree deeply enough to
12 completely sever the cambium around the entire circumference of the tree's trunk, or of a branch of
13 the tree, sufficiently enough to prevents or hinders the normal growth or survival of the tree.
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15 f±8.}.l1QlGrade: The ground level of a subject property, the measurement of the degree of rise or
16 descent of a sloping surface or, in reference to a point of measurement of a tree, the ground level
17 surrounding the outside of a hole into which a tree is, or is intended to be, planted.
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19 fWtilllHat-racking: The flat cutting of the top of a tree, severing the main leader or supporting
20 leaders, and or a process to flat-cut the top of a tree or to remove more than one-third of the tree
21 crown.
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23 (22) Heritage Tree: Any tree that has a DBH of 20 inches or more.
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25 fUt.f...n.lLandscape Manual: The Miami-Dade County Landscape Manual ("MDC Landscape Manual),
26 which is in effect now, or as amended in the future, as the official landscape manual issued by
27 Miami-Dade County, Florida. The MDC Landscape Manual is hereby adopted by the City and
28 incorporated herein by reference, providing that in the event of an express conflict between the
29 MDC Landscape Manual and this section, the latter shall prevail.
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31 ~f.1..11Large Size Tree: A tree of any age, with a mature height of 40 feet or more and a mature
32 crown wider than 22 feet.
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34 ~U2lMaintenance and Protection: The act of enhancing the viability of a plant, including all
35 marking, watering, pruning, spraying, injecting, fertilizing, treating, bracing, as well as the
36 performance of surgical work and/or cutting above or below the ground.
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38 ~.ll2lMedium Size Tree: A tree of any age, with a mature height of between 26 feet and 39 feet,
39 a mature crown between 15 feet and 22 feet.
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41 ~UZlMitigation: Those measures necessary to restore tree coverage, crown, or canopy which
42 have been effectively destroyed, or that were removed with or without authorization under this
43 ordinance.
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45 R-et L1.§.) Native plant species plant species including those listed as "native tree" in the
46 Miami Dade County landscape manual. Shall mean a plant species with a geographic distribution
47 indigenous t~ all or part of Miami-Dade County. Plants which are described as being native to
48 Miami-Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by
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Long and Lakela and "The Biology of Trees Native to Tropical Florida" by P. B. Tomlinson, are native
2 plant species within the meaning of this definition as may be amended or replaced from time to
3 time.
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5 ( 29)Natural Forest Community shall mean all assemblages of vegetation designated as Natural
6 Forest Communities on the Miami-Dade County Natural Forest Community Maps and approved by
7 the Board of County Commissioners, pursuant to Resolution No. R-1764-84 and further defined in
8 Section 24-3 of the Miami-Dade County Code as may be amended or replaced from time to time
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10 f;!+ti2.QLNonviable: Not capable of living or of providing the ecological or aesthetic qualities
11 associated with a healthy functioning tree.
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13 ( 31) Nuisance Plant Species Any tree or shrub or part thereof growing upon private or public
14 property which is determined by the City to endanger the health, safety and/or general welfare of
15 the City and/or its residents and/or its business owners, operators or customers.
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17 ~ UIlPerson: Any individual, legal entity or any association of individuals and/or legal
18 entities.
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20 R-9-} i.J.llProhibited +fee Plant Species: Those tree .P.@.DLspecies that are detrimental to
21 native plants, native wildlife, ecosystems, or to human health and/or safety and welfare as well as
22 those species that are listed as prohibited species in the Miami-Dade County Landscape Manual~
23 Also referring to trees that are exempt from the general tree protection requirements of this section
24 20-4.5 and 20-4.5.1.
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26 f3.G1 U1lProtected Tree: A tree with a minimum caliper of one and one half inches in
27 diameter as listed in the Miami-Dade County Landscape Manual as amended.
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30 f3-1i ~Protective Barrier: Protective barrier shall mean a temporary fence or structure
31 built to restrict passage into an area surrounding a tree or stand of trees for the purpose of
32 preventing any disturbance to the roots, trunk, or branches of the tree(s).
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34 f.iRtU§l Pruning/Trimming: The removing of plant parts, dead or alive, in a manner so as not to
35 damage other parts of the plant. The selective cutting of tree/plant parts to encourage new growth
36 or better flowering; to remove old stems or deadwood; or to shape trees according to ANSI A300
37 Standards.
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39 ~ LillPublic Area: Includes all Public right of ways, parks and other lands owned or
40 leased by the City.
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42 ( 34}Public Tree Nuisance: Any tree or shrub or part thereof growing upon private or public property
43 v"hich is determined by the City to endanger the health, safety and/or general welfare of the City
44 and/or its residents and/or its business owners, operators or customers.
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46 t-3"§1iJ.illPublic Right of Way: Includes all public streets, roads, boulevards, alleys and sidewalks.
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( 36) Pruning: the removing of plant parts, dead or alive, in a manner so as not to damage other
2 parts ofthe plant.
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4 fPt ( 39)Roots/Root Systems: The parts of the tree containing the organs that extract water,
5 gases and nutrients from the soil.
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7 f38.} UQlShade Tree: Any tree which, when mature, has a crown width that is at least two-
8 thirds of the tree's height.
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10 ~ L1!1Site Plan: A comprehensive plan drawn to scale indicating land elevations, public
11 rights of way including roadways, and the location of all relevant existing and proposed site
12 improvements including structures, parking, other paved areas, ingress and egress drives,
13 landscaped open space and signage.
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15 f4Q.} 1...if.lSmall Tree: A tree with a height of 25 feet or smaller when fully mature, and with a
16 mature canopy smaller than 15 feet.
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18 f4±} ~Sound Nursery Practices: The various procedures involved in landscape nursery
19 work that are in compliance with the Florida Department of Agriculture and Consumer Services
20 standards.
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t421 .L 4.1} Spread: The greatest horizontal dimension of the branches and foliage of a tree.
24 f43j L 4~ Stem: The primary trunk which is the main upward axis of a tree that supports
25 branches and leaves above the ground, serving to support the tree and to transport and store water
26 and nutrients.
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28 f44t .l1§l Specimen Tree: A single stemmed tree with a DBH of 18 inches or greater or a
29 multi-stemmed tree, which has a combined DBH for all of its stems of 18 inches or greater with the
30 exception that the following types of trees that meet this criteria shall not be considered specimen
31 trees:
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a.-Non-native species of the genus Ficus;
b._All multi-trunk trees in the palm family, except Accelorrhaphe wrightii, which have a
minimum overall height of 15 feet.
c. _ All nuisance plant species trees are specifically determined to not to be specimen trees ..
d. prohibited plant species.
e. Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible
fruit, including, but not limited to, mangoes, avocados or species of citrus
42 fJ+t UZlTopping: The flat cutting of the top of a tree, severing the main leader or
43 supporting leaders, and or a process to flat-cut the top of a tree or to remove more than one-third
44 of the tree crown.
45 f38.} L..1illTree: Any self-supporting perennial plant that, at full maturity, has diameter at
46 breast height (DBH) of two or more inches with a minimum fully mature height of 12 feet above
47 grade.
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. f3-9} llilTree Abuse: Tree abuse shall include:
a. 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
b. Hat-racking; or
c. Girdling or bark removal of the trunk; or
d. Tears and splitting of limb ends or peeling and stripping of bark resulting from improper
pruning techniques not in accordance with the current ANSi A300 Standards; or
e. Excessive root cutting; or
f. 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
h. Use of climbing spikes; or
i. Any pruning that is contrary to the practices established by the National Arborist
Association; or
j. Any act that would cause a tree to become nonviable; or
f40t i2QlTree Removal: Directly or indirectly cutting down, poisoning, destroying, removingL
Gf relocating, or effectively destroying (through damaging, trimming, authorizing or allowing cutting
down, destroying, removing, or moving) any tree.
f4±} LillTree Removal Permit: The city permit required for tree removal, relocation,
trimming or pruning of an existing tree.
f42-t ~Tree service or arborist: Any person, company, corporation or service which, for
compensation, performs tree maintenance and protection.
Elements of compliance.
(1) All property within the city shall be subject to the following regulations except as specifically
exempted. No parcel within the city may be cleared, grubbed, filled or excavated, nor shall any
building be demolished, altered or reconstructed in a manner which negatively impacts regulated
trees, changes the site plan, site use or increases the impervious surface area except in compliance
with this section 20-4.5 and section 20-4.5.1. Requirements of these sections and Section 20-3.5 do
not exempt property owners from compliance with any other section of the City's Code of
Ordinance and Land Development Code. However, the City shall be exempt from the tree removal,
relocation, pruning and trimming posting requirements for projects involving City property or Rights
of Way.
(2) All trees required or permitted to be planted pursuant to the requirements in this ordinance
shall be selected from the South Miami tree list. Tree species not appearing on the South Miami
tree list may be planted only with prior approval of the city manager or designee. Developments
which require 16 or more shade trees shall have at least four different high quality shade tree
species. The applicant or landscape contractor shall schedule an on-site meeting with the city
manager or designee prior to the installation of any trees or shrubs to ensure compatibility with
infrastructure and compliance with landscape code requirements.
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(3) Where required shade trees are expected to conflict with planned solar energy generation,
2 developments may compensate for the required trees by relocating them to a designated area or
3 preserving an equal number of existing high-quality shade trees elsewhere on the site. These trees
4 shall be located so that they can grow to maturity without obstructing the planned generation of
5 solar energy, and the area where they are planted or preserved shall be delineated and noted as a
6 "designated tree area(s)" on the site-plans.
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8 D. Landscaping Requirements Applicability. Section 20-4.5 shall apply to all public and private
9 development when a building permit is required, except for the following:
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11 f1t Existing attached and detached single family and duplex dwellings, including any
12 future additions or expansions shall be e)(empt from the provisions of Section 20 4.5
13 Rtll) Bona fide agricultural activities: Any property receiving an agricultural
14 classification and assessment pursuant to Section 193.461 of the Florida
15 Statutes, substantiated by a plan submitted indicating the area with the
16 agricultural classification.
17 f3.l.(l1 Existing development as defined in § 20 4.5(/\) shall only be required to comply with the
18 street tree requirements of § 20 4.S(D)(3) § 204.5.1(15); however, Ithe requirements of---§-.2.Q-
19 4.5(D)(3) § 20-4.5.1(Q) shall not apply to existing attached and detached single-family and duplex
20 dwellings, per § 20 4.5(/\)(1) above.
21 f4} illParking lot buffer~will not be required if inadequate area e)<ists which will they cause the
22 elimination of any required parking pursuant to this code.
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24 WThe provisions of Section 20 4.5 shall only apply where a building permit is required for C)(ternal
25 alterations or where a paving permit is required for e)(pansion of parking areas. Routine
26 maintenance such as re-roofing and painting shall not be considered external alterations for Section
27 20-4.5 requirements; however, re-roofing and painting is considered an external alteration under
28 other provisions of this Code and may require the approval of the ERPB and/or a permit.
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30 E. q Landscape Requirements Submittals. All submitted landscape plans, irrigation plans, tree
31 surveys and other required submittals must meet witA-the approval criteria of the Planning Division
32 and Zoning Department, (hereinafter referred to as the (lPlanning Department") prior to issuance of
33 permits for paving, nevI parking areas, or expansion of existing parking areas.
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35 (1) Minimum submittal criteria. All landscape plans must be drawn to scale and have a north arrow,
36 and accurately depict all buildings, pavement, on-site facilities, utilities and lighting systems. The
37 landscape drawing or accompanying development plan must give the permitted use of adjacent
38 parcels and the total square footage of all pavement on-site. Stormwater basins shall be designated
39 as either wet or dry. A plant schedule shall be provided showing the botanical name, size, spacing
40 and number of all required plant materials. Architectural symbols depicting trees to be installed
41 shall not exceed the scale equivalent of five feet in diameter with a solid line; a hatched line around
42 the solid line shall show the expected canopy dimension after 20 years as identified in the South
43 Miami tree list. Any native tree or shrub may be substituted for the identified plant with city staff
44 approval, provided that the tree or shrub is adaptable to the amount of sun/shade, wet/dry and size
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conditions where it will be planted. Changing tree species shall not diminish the total number of
2 high quality shade trees in their required locations. Plant material shown in addition to the required
3 elements of the landscape plan may be labeled as optional and shall not be subject to inspection.
4 (2) Design principles and standards. All landscaped areas required by this article shall conform to
5 the following general guidelines:
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a. The preservation of structurally sound native trees of high quality shade tree species and
shrubs is strongly encouraged to maintain healthy, varied and energy-efficient vegetation
throughout the city, and to maintain habitat for native wildlife species. Developments
should be designed to preserve existing heritage trees, especially those located within 20
feet of the public right-of-way.
b. The landscaping plan should integrate the elements of the proposed development with
existing topography, hydrology and soils in order to prevent adverse impacts such as
sedimentation of surface waters, erosion and dust.
c. The functional elements of the development plan, particularly the drainage systems and
internal circulation systems for vehicles and pedestrians, should be integrated into the
landscape plan. The landscaped areas should be integrated, especially to promote the
continuity of on-site and off-site open space and greenway systems, and to enhance
environmental features.
d. The selection and placement of landscaping materials should maximize the conservation
of energy through shading of buildings, streets, pedestrian ways, bikeways and parking
areas. Where possible, shade trees should be planted along internal sidewalks that
connect buildings to the street sidewalk and to other buildings on the site.
e. Landscaping design should consider the aesthetic and functional aspects of vegetation,
both when initially installed and when the vegetation has reached maturity. Newly
installed plants should be placed at intervals appropriate to their expected function as
short-term or long-term elements. The natural and visual environment should be
enhanced through the use of materials which achieve a variety with respect to seasonal
changes, species of living material selected, textures, colors and size at maturity.
f. The placement of trees around buildings should permit access to the building by
emergency vehicles.
g. The installation of invasive nonnative species is prohibited as is installation of any species
labeled as "Prohibited" in the most recently published version of the Miami-Dade County
Landscape Manual.
Landscape Plans.
(a) Owner-builder Single Family or Duplex Dwelling: Landscape plans submitted for new one
family or duplex dwellings may be in the form of plot plans or drawings prepared by the
owner or the owner's representative, provided however, developments requiring site plan
review shall meet with the requirements of the section below and with Chapter 481, Florida
Statutes.
(b)AII Other Development: Landscape plans for development other than provided for under (a)
above, shall be prepared by, and bear the seal of, a landscape architect licensed to practice in
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the State of Florida, or by persons authorized to prepare landscape plans or drawings under
Chapter 481, Florida Statutes. Preliminary landscape plans shall be provided as part of the
submission for site plan approval. Such plans shall:
i. Be drawn to scale with dimensions and include property boundaries, north
arrow, graphic scale, and date;
ii. Include a vegetation survey, including an aerial photograph which outlines the
subject site, provided at the same scale as landscape plan(s);
III. Delineate existing and proposed structures, parking spaces, and other vehicular
use areas, sidewalks, utilities, easements, height and voltage of power lines on the property or
adjacent properties;
iv. Indicate the common and scientific name and quantity of piants to be instaiied
using "Landscape Legend" code format as prescribed by the Miami Dade County Director of the
Department of Planning, De\'elopment and Regulation, in accordance with the requirements of
Section 20-4.5;
v. Identify all landscape features and non-living landscape materials;
vi. Show all areas of vegetation required to be preserved by law, including but not
limited to trees, specimen trees, native plant species, natural forest communities, native
habitats and wetlands;
vii. Illustrate geologic, historic and archeological features to be preserved;
viii. Depict stormwater retention/detention areas and areas excluded from
maximum permitted lawn area;
ix. Document zoning district, net lot area, required open space, and maximum
permitted lawn area;
x. Show building coverage and the location and dimension of greenbelt and water
areas proposed for business and industrial zones, as required in the Land Development Code;
xi. Complete "Preparer's Certification of Landscape Compliance" Final landscape
plans submitted for permit shall include all of the above, as well as the following:
xii. A fully completed, permanently affixed "Landscape Legend"; as prescribed by
the Director of the Department of Planning, Development and Regulation;
xiii. Critical layout dimensions for trees, plant beds and landscape features;
xiv. Method(s) to protect and relocate trees and native plant communities during
construction;
xv. Planting details and specifications;
xvi. Irrigation plans, as may be required by the zoning district;
xvii. Irrigation details and specifications, as required above; and,
xviii Notarized "Preparer's Certification of Landscape Compliance" at time of final
inspection;
xix. Grading plan.
41 (2-}(1) Vegetation Survey.
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(a) A vegetation survey, as defined in § 20 4.5(A), shall be provided for all sites at the same
scale as the landscape plan. The vegetation survey shall be accompanied by an aerial
photograph which outlines the subject site without obscuring its features. The vegetation
survey shall provide the following information:
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i. The accurate location and graphic representation, in relation to existing development of
all existing trees of a minimum two (2) inch DBH or ten (10) foot height, or for native
trees, of a minimum one and one-half (1 ~) DBH or eight (8) foot height, including those
which are proposed to be removed, relocated or preserved on site in accordance with
the requirements of this section 20-4.5 and section 20-4.5.1;
ii. The boundaries of any native habitat, native plant community, native plant species,
and/or Natural Forest Community and associated understory that exists on site, as
determined by Chapter 24 of the code of Miami-Dade County.
iii. A table showing the following information:
a. The scientific and common name of each tree, each of which shall be numbered;
b. The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the
sum DBH for all trunks; and,
c. An estimate of the height, canopy cover, and physical condition of each tree,
and whether specimen tree(s) exist on the site.
17 (3§Jlrrigation Plans. Irrigation plans shall be submitted, whenever a landscape plan is required.
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(a) For a new one family or duplex dwelling, the irrigation plan may be indicated on a plot
plan or a separate drawing prepared by the owner or the owner's agent indicating area(s) to be
irrigated, location and specifications of lines and heads, and pump specifications.
(b) All Other Development: Irrigation plans shall be submitted with the initial, master
building plans. Such plans shall:
i. Be drawn on a base plan to same scale as landscape plans(s);
ii. Delineate landscape areas, major landscape features and plant material zones
(hydrozones), if applicable;
iii. Delineate existing and proposed structures, parking areas or other vehicular use areas,
access aisles, sidewalks, driveways, the location of utilities and easements, and similar
features;
iv. Include water source, design operating pressure and flow rate per zone, total volume
required for typical depths of application, and application rate; and,
v. Include locations of pipes, controllers, valves, sprinklers, back flow prevention devices,
and electrical supply.
vi. Irrigation details.
36 F. {-QtLondscape Requirements Count}/. The following standards shall be considered the minimum
37 requirements unless otherwise indicated:
38
39 (1) Lawn area (turf).
40
41 (a) For all residential and mixed uses, lawn area shall be limited to a maximum of sixty (60)
42 percent of the required landscaped open space, as required in Section 20-3.5. In residential zoning
43 districts where landscaped open space is not specified, lawn area shall be restricted to a maximum
44 of fifty (50) percent of the net lot area.
45 (b) For all office, commercial, and industrial uses, lawn area shall be limited to a maximum
46 of twenty (20) percent of the required landscaped open space, as required in Section 20-3.5. Where
47 landscape open space is not specified, lawn area shall be restricted to a maximum of twenty (20)
48 percent of the net lot area less the area covered by buildings. Very drought tolerant grasses and low
II
growing native plant species, including grasses and forbs, as referenced in the Landscape Manual,
2 may be used as groundcover beyond the maximum permitted grass area.
3 (c) Grass areas shall be planted in species well adopted to localized growing conditions in
4 Miami-Dade County. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded,
5 except that solid sod shall be used in swales or other areas subject to erosion. In areas where other
6 than solid sold or grass seed is used, over-seeding shall be sown for immediate effect and protection
7 until coverage is otherwise achieved.
8 (d) Exclusions from maximum permitted lawn areas:
9 i. Stabilized grass areas used for parking;
10 ii. Grassed areas designated on landscape plans and actively used for sports, playgrounds
11 or picnic areas;
12 III. Grassed areas in the right-of-way; and,
13
14
15
iv. Stormwater retention/detention areas planted in grasses which are very drought
tolerant, as referenced in the Landscape Manual, as well as tolerant to wet soils.
16 (2) Irrigation. An irrigation system, or a readily available water supply within a distance of 100 feet,
17 shall be supplied for all landscaped areas. An automatic irrigation system shall be provided for
18 development, if the total area of impervious surfaces devoted to vehicular use areas exceeds 10,000
19 square feet. Such irrigation shall promote water conservation by such methods as drip irrigation
20 and/or efficient sprinkler zoning, as well as reducing the amount of irrigation as plants become
21 established. Each required tree shall be served by a drip ring or bubblers or other appropriate means
22 necessary to ensure that the entire rootball is irrigated. The irrigation system shall be designed and
23 located to minimize the watering of impervious surfaces. Successful establishment of trees should
24 occur within one year. After that time, use of the automatic irrigation system may be discontinued.
25 All required trees that die shall be replaced in the same manner and as required for mitigation of
26 trees that are removed, and replanted trees shall be irrigated for at least one year.
27
28
29 (a) All newly-planted and relocated plant material shall be watered by temporary or
30 permanent irrigation systems until such time as they are established.
31 (b) Irrigation shall be prohibited within native plant communities and natural forest
32 communities, except for temporary systems needed to establish newly planted material. Temporary
33 irrigation systems shall be disconnected immediately after the establishment of plant communities.
34 (c) Irrigation systems shall be designed to conserve water by allowing differential operation
35 schedules based on hydrozone.
36 (d) Irrigation systems shall be designed, operated, and maintained to not overthrow or
37 overflow on-to impervious surfaces.
38 (e) Low trajectory spray heads, and/or low volume water distributing or application devices,
39 shall be used. Overhead irrigation systems shall only be permitted in bonafide agricultural activity
40 areas.
41 (f) Gray water shall be used where approved systems are available.
42 fg±ill During dry periods, irrigation application rates of between one (1) and one and one-half
43 (1 Yz) inches per week are recommended for turf areas.
44 fh:ligl A moisture or rain sensor device shall be required on all irrigation systems equipped
45 with automatic controls.
46 fij .Lb.l Irrigation systems shall be timed to operate only during hours and on days permitted in
47 Chapter 32, Code of Miami Dade County.
12
1 tit ill If an irrigation system is not provided, a hose bib shall be provided within seventy-five
2 (75) feet of any landscape area.
3
4 (3) Shading Requirements for Structures and A/e Units. Trees shall be planted to provide shade to
5 residential structures that are thirty-five (35) feet in height or less. At least two required lot trees
6 shall be positioned in the energy conservation zone as defined herein. All exterior air conditioning
7 units, except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs, as
8 referenced in the Landscape Manual.
9
10 ~H1 Site Trees. Tree removal permits or natural forest community vegetation removal
11 permits are required prior to removal of trees, specimen trees, or any vegetation in a natural forest
12 community, respectively, pursuant to § 204.5(1-4) (L) 20-4.5.1.
l3
14 (a) Tree size: All trees, except street trees, and trees located beneath power lines shall be a
15 minimum of ten (10) feet high and have a minimum caliper of two (2) inches at time of planting
16 except that thirty (30) percent of the tree requirement may be met by native species with a
17 minimum height of eight (8) feet and a minimum caliper of one and one-half (1~) inches at time of
18 planting.
19 (b) Minimum number of trees: The minimum number of trees required under_Section 20-
20 4.5 for landscape plan submittals shall be as follows:
21 TABLE A
Zoning Districts (and proposed districts) No. of Trees Required per Net Acre or Lot
RS-l, RS-2 9 trees per acre of net lot area
RS-3, RS-4, RS-5 3 per lot
RT-6, RT-9, RM-18, RM-24, -RG, LO, MO 28 trees per acre of net lot area
NR, SR, GR, PI, H, Mi*eEl bJse, TODD, GRG 22 trees per acre of net lot area
I (IRteRsive Industrial) 15 trees per net acre of lot area
22
23 (c) Existing trees on site required to be preserved by law and that meet the size
24 requirements in (a) above may be counted toward fulfilling the minimum tree requirements.
25
26 (d) In addition to the number of trees indicated in Table A, additional trees (street trees)
27 may be required as provided in the previous sub-section, entitled Street Trees.
28
29 (e) Grassed areas to be used for organized sports as football, soccer or other similar sports
30 or playgrounds, that are clearly identified on landscape plans shall not be counted toward
31 calculating tree requirements.
32
33 (f) Palms of a teR (10) foot miRimum overall height or miRimum caliper of three (3) iRches
34 at time of plaRtiRg shall COURt as a requireEl tree OR the basis of two (2) palms per tree, except as
35 proviEleEl hereiR for palms useEl as street trees. No more thaR thirty (30) perceRt of the miRimum
36 tree requiremeRts may be met by palms.
37
38 flliill Prohibited and controlled tfe€ ~species shall not be counted toward fulfilling the
39 minimum tree requirements. Property owners shall be encouraged to remove prohibited plant
13
species. Prohibited tfee.5 plant species shall be removed from the_5#e property before a permit for
2 construction (other than for renovations of 50 percent or less of an existing structure) is issued, and
3 if issued, no work shall be permitted until all prohibited plant species are removed from the site.
4
5 W1gJ. Thirty (30) percent of the required trees and/or palms shall be native species.
6
7 fj.H.hl In order to prevent adverse environmental impacts to existing native plant
8 communities, tmIy existing Sabal Palmettos (Cabbage Palms) 5RaJ.l may be used to satisfy minimum
9 tree and native plant requirements, except that Cabbage Palms which are rescued from government
lO approved donor sites, transplanted within the site, or commercially grown from seed shall be
11 counted towards the minimum tree and native plant requirements.
12
13 mill Consideration shall be given to the selection of trees, plants and planting site to avoid
14 serious problems such as clogged sewers, cracked sidewalks, and power service interruptions.
15
16 Shrubs and Hedges minimum standards for size, number and variety.
17
18 (a) Shrubs shall be provided at a ratio of ten (10) per required tree. All shrubs shall be
19 minimum of eighteen (18) inches in height when measured immediately after planting.
20
21 (b) When used as a visual screen, buffer, or hedge, shrubs shall be planted, as required
22 under §20-4.5~ ill and §20-4.5f€t-f§.l, at a maximum spacing of thirty (30) inches on-center, or if
23 planted at a minimum height of thirty-six (36) inches, shall have a maximum, average spacing of
24 forty-eight (48) inches on-center and shall be maintained so as to form a continuous, unbroken, and
25 solid visual screen within a maximum of one year after time of planting.
26
27
28
29
30
(c)
(d)
Shrubs and hedges shall not be necessarily of the same species.
Thirty (30) percent of shrubs and hedges shall be native species.
31 f7tf§l Vines minimum standards for size and uses. Vines shall be a minimum of twelve (12)
32 inches in length immediately after planting and may be used in conjunction with fences, screens, or
33 walls to meet physical barrier requirements as specified. Planting of perimeter walls with vines is
34 recommended as a deterrent to painting of graffiti.
35
36 f&tJZl Ground Covers minimum standards survival and hedge replacement. Ground cover
37 plants used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a
38 finished appearance and reasonable complete coverage within one (1) year after planting.
39
40
41
Mulch minimum standards for depth and required use.
42 (a) Weed-free mulch shall be applied and maintained in a minimum three (3) inch layer
43 under and around all trees and shrubs, and in a minimum two (2) inch layer under and around all
44 ground cover.
45
46
47
48
(b)
(c)
The use of mulch shall be restricted to planting areas.
Cypress mulch shall not be used because its harvest degrades cypress wetlands.
14
2
3
Buffers Between Dissimilar Land Uses additional requirements.
4 (a) Additional Requirement for Six-Foot Screening: Where dissimilar land uses exist on
5 adjacent properties, and where such areas will not be entirely visually screened by an intervening
6 building or structure from abutting property, that portion of such area not so screened shall be
7 provided with a buffer consisting of a six (6) foot wall or fence with a life expectancy of at least ten
8 (10) years, or shrubs which normally grow to a minimum height of six (6) feet.
9
10 (b) Increased Standards for Hedge Size/Spacing: Where chain link fencing is permitted,
11 shrubs shall also be required. Shrubs used as a buffer shall be a minimum of thirty (30) inches in
12 height at time of planting, and shall be planted at a maximum spacing of thirty-six (36) inches on
13 center, or a minimum of thirty-six (36) inches in height at time of planting and planted at a
14 maximum average spacing of forty-eight (48) inches on center. Said buffer shall form a continuous
15 screen between the dissimilar land uses within one (1) year after planting.
16
17 (c) Additional Trees Required in Buffers: Buffers screening dissimilar uses shall include trees
18 planted at a maximum spacing of thirty-five (35) feet on center within a minimum five (5) foot
19 landscaped strip.
20
21 t±±}(10) Parking Lot Buffers. All parking lots adjacent to rights-of-way or private streets shall be
22 screened by a continuous planting and/or three (3) foot high wall with a seven (7) foot landscaped
23 strip incorporating said planting and/or wall on private property. Planting material at time of
24 planting shall be either a minimum height of eighteen (18) inches, with a maximum average spacing
25 of thirty (30) inches on center or a minimum height of thirty-six (36) inches with a maximum average
26 spacing of forty-eight (48) inches on center.
27
28 Landscaped Areas in Parking Lots to exceed open space requirements.
29
30 (a) Ten (10) square feet of landscaped area per parking space shall be provided within a
31 parking lot. In order to maximize the distribution of shade, trees shall be planted throughout the
32 interior of the parking lot at a minimum density of one tree per eighty (80) square feet of
33 landscaped area, exclusive of parking lot buffers. Planting areas for each tree shall have a minimum
34 width of five (5) feet, exclusive of the curb dimension, and shall be planted or covered with other
35 landscape materials.
36
37 (b) This requirement is in addition to applicable required open space. Planting areas shall be
38 a minimum of twenty-five (25) square feet.
39
40 Plant Quality minimum standards.
41
42 (a) All plants installed shall conform to, or exceed, the minimum standards for Florida
43 Number One as provided in the most current edition of "Grades and Standards for Nursery Plants,
44 Part I and II," prepared by the State of Florida Department of Agriculture and Consumer Services.
45
46 (b) Trees installed pursuant to this section shall have one primary vertical trunk and
47 secondary branches free of included bark up to a height of six (6) feet above natural grade.
48
15
f±4tilil Prohibitions.
2
3 (a) Prohibited Plant Species shall not be planted and shall be removed from any site which
4 is subject to the requirements of this ordinance.
5
6 (b) Controlled Plant Species listed in the Miami-Dade County Landscape Manual on the
7 effective date of this ordinance shall not be planted within 500 feet of a Natural Forest Community
8 or native habitats as defined herein. native plant communities as defined pursuant to Section 18-3,
9 Code of Miami-Dade County, Florida as may be amended or replaced from time to time.
10 Additionally, the following exotic pest plant and nuisance species, with scientific nomenclature as
11 set forth in Wunderlin, Richard P. and Hansen, Bruce F., Guide to the Vascular Plants of Florida, 2nd
12 Ed. University of Florida Press, Gainesville, FL. (2003), may not be sold, propagated or pianted
13 anywhere in Miami-Dade County. If present on a development or redevelopment site, such plants
14 shall be removed prior to development or redevelopment, and their sale, propagation, planting,
15 importation or transportation shall be prohibited. Pursuant to this subsection and in accordance
16 with Chapter 19 of the Code of Miami-Dade County, Florida, developed sites shall be maintained to
17 prevent the growth or accumulation of prohibited plant species including grass, weeds and non-
18 native undergrowth.
19
20 (c) West Indian Mahogany (swietenia mahagoni) shall not be planted within five hundred
21 (500) feet of a rockland hammock or pine rockland.
22
23 (d) Tree Abuse is prohibited. Abused trees shall not be counted toward fulfilling the
24 minimum tree requirements.
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26
27
Pruning Trees shall be pruned in the following manner:
28 (a) All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made
29 as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a
30 protruding stub.
31
32 (b) Removal of dead wood, crossing branches, weak or insignificant branches, and suckers
33 shall be accomplished simultaneously with any reduction in crown.
34
35 (c) Cutting of lateral branches that results in the removal of more than one-third of all
36 branches on one side of a tree shall only be allowed if required for hazard reduction or clearance
37 pruning.
38
39 (d) Lifting of branches or tree thinning shall be designed to distribute over half of the tree
40 mass in the lower two-thirds (2/3) of the tree.
41
42 (e) No more than one third {1/3} twenty-five percent (25%) of a tree's living canopy shall be
43 removed within a one (1) year period.
44
45 (f) Trees shall be pruned according to current ANSI A300 Standards and the Miami Dade
46 County Landscape Manual.
47
48 f±e1f1dl Stormwater Retention/Detention Areas.
16
2 (a) Stormwater retention/detention areas shall be designed to maximize the perimeter
3 dimension, where feasible.
4
5 (b) Stormwater retention/detention areas shall be planted throughout with native
6 herbaceous facultative plants, with the following exceptions:
7
8 i. In areas that are designated and actively used for play and/or picnic areas,
9 overflow parking, or sports shall be planted with grasses which are very drought tolerant, as
10 referenced in the Landscape Manual, as well as tolerant to wet soils.
11 ii. In areas where the minimum required stormwater retention capacity would be
12 adversely affected.
13
14 (c) The minimum required number of native herbaceous facultative plants shall be one
15 plant per square foot of retention/detention area, including the slope. Minimum required
16 herbaceous plant container size shall be one and one-half (1 ~) inches, commonly referred to as a
17 liner. Sprigging, seeding, plugging, hydro-mulching or sodding with native herbaceous facultative
18 plants grown from local seed sources may be used in lieu of liners. Herbaceous plants shall be
19 planted in such a manner as to present a finished appearance and reasonably complete coverage
20 within one (1) year after planting.
21
22 (d) Native facultative trees or shrubs may be used in lieu of native herbaceous facultative
23 plants, provided that the minimum required stormwater retention capacity is not adversely
24 affected.
25
26
27 §.,. f€iLandscape Requirements City Standards for Parking Lot Areas. All vehicular use areas, except
28 those which are located within or beneath structures and those serving single-family or two-family
29 residential uses, shall conform to the minimum landscaping requirements of this sub-section. To ensure
30 that required landscaping in vehicular use areas is used to its greatest potential in relieving the
31 monotony of and insuring circulation safety within such areas, the following standards are set forth:
32
33 (1) Interior Improvements.
34
35 (a) When the interior of any vehicular use area is designed for purposes other than off-
36 street parking, such as a service station, drive-in banking or drive-through retailing, an area or
37 combination of areas equal to not less than ten (10) per cent of the total vehicular use area,
38 exclusive of perimeter landscape buffers, shall be devoted to interior landscaping.
39
40 (b) When the interior of any vehicular use area is designed for off-street parking purposes,
41 the following landscaping elements shall be required in lieu of percentage requirements:
42
43 i. Curbed terminal islands shall be located at both ends of rows of contiguous spaces. Such
44 islands shall be not less than five (5) feet in width and extend the entire length of the spaces. Each
45 terminal island shall have at least one (1) tree for every ninety (90) square feet of area, or portion
46 thereof, and be covered with grass or ground cover as needed to meet requirements under § 20-
47 4.5fQ}f±}LE1
17
ii. Curbed interior islands, which measure not less than five (5) feet in width and extend
2 the entire length of the parking space, shall be located within rows of contiguous spaces. There shall be
3 at least one (i) interior island for every eight (8) spaces within each row. Interior islands shall be placed
4 at intervals of not less than six (6) nor more than ten (10) spaces, but shall not be required in rows
5 containing six (6) contiguous spaces or less. Each interior island shall have at least one (i) tree for every
6 ninety (90) square feet of area, or portion thereof, and be landscaped with grass or ground cover as
7 needed to meet requirements under § 20-4.5f-9tWlEl
8 III. Interior islands need not be placed directly opposite each other when in abutting
9 parking rows. Any design arrangement which relieves monotony or increases tree coverage of the
10 vehicular use area is permissible.
11
12 (2) Triangles of Visibility.
13
14 (a) All landscaping within required Triangles of Visibility, as defined in § 20-3.6{G), shall
15 provide unobstructed cross-visibility at a height of between three (3) and six (6) feet.
16
17 (b) Trees having over six (6) feet of clear trunk, with limbs and foliage trimmed in such a
18 manner as not to extend into Triangles of Visibility, shall be permitted in said areas, provided that
19 they in no way create a traffic hazard.
20
21 (c) No landscaping elements, €)(cept for grass or ground cover, shall be located within three
22 (3) feet of any access way.
23
24 (3) Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas.
25
26 (a) Landscaped areas shall be protected from the overhang of parked vehicles. Where such
27 protection is necessary, reinforced concrete wheel stops or an approved continuous curbing of not
28 less than five (5) inches in height shall be installed to prevent such overhang.
29
30 (b) Concrete wheel stops shall be permanently anchored to the ground and located not less
31 than thirty (30) inches from landscaped areas.
32
33 (c) If the overhang area is left unpaved, it shall be landscaped according to this section and
34 the abutting required perimeter buffer or divider median may be four (4) feet in width.
35
36 !i {BLandscape Plans Review Criteria. Landscape plans shall be reviewed by the Planning Division
37 Department in accordance with the following goals and objectives, and the guidelines and illustrations
38 provided in the Miami Dade County Landscape Manual [published by Miami Dade County, Florida].
39
40 (1) Landscape design shall enhance architectural features, relate structure design to the site,
41 visually screen dissimilar uses and unsightly views, reduce noise impacts from major roadways and
42 incompatible uses, strengthen important vistas and reinforce neighboring site design and
43 architecture.
44
45 (2) Existing specimen trees, native vegetation (including canopy, understory, and ground cover) and
46 Natural Forest Communities shall be preserved to the maximum extent possible, and pursuant to aU
47 the requirements of § 20 4.5{H) through (L) § 20-4.5.l.
48
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(3) In order to conserve water, reduce maintenance, and promote plant health, plant species shall
be selected and installed based on their water needs, growth rate and size, and resource inputs.
Plants with similar water needs shall be grouped in hydrozones. Adequate growth area, based on
natural mature shape and size shall be provided for all plant materials.
(4) The plan shall include the use of native plant species in order to reestablish an aesthetic regional
quality and take advantage of the unique diversity and adaptability of native species to the
environmental conditions of South Florida. Where feasible, the re-establishment of native habitats
shall be incorporated into the landscape plan.
(5) Trees and shrubs shall be planted in the energy conservation zone where feasible, in order to
reduce energy consumption by shading buildings and shall be used to reduce heat island effects by
shading paved surfaces.
(6) Street trees shall be used to shade roadways and provide visual order. Where feasible, selected
species shall be used to establish a road hierarchy by defining different road types.
(7) Special attention shall be given to the use of appropriate species located under or adjacent to
overhead power lines, near native plant communities, and near underground utility lines. Adequate
growth area shall be provided for all plant materials.
(8) Landscaping shall be designed in such a way as to provide safe and unobstructed views at
intersections of roadways, driveways, recreational paths, and sidewalks in accordance with § 20-
3.6(G).
(9) Historic landscapes and landscape features designated by the local, State, or the Federal
government shall be preserved.
fG} Certificate of Compliance Required Adjustment to Requirements Permitted.
(1) A Preparer's Certification of Landscape Compliance bearing the original letterhead of the
designing firm and licensing number shall be submitted to and approved by the Planning Division
Department, prior to issuance of any final Certificate of Occupancy, Certificate of Use and
Occupancy or Certificate of Completion. The Preparer's Certification of Landscape Compliance shall
contain a statement, signed and sealed by the landscape architect or by person(s) authorized to
prepare plans by Chapter 481, Florida Statutes, who prepared the approved plans, that the
landscape and irrigation plans have been implemented and that all requirements of Section 20-4.5
and 20-4.5.1 have been met. Any changes or substitutions to the approved plan shall be approved
by the original designing firm prior to the implementation of said changes and substitutions. All
changes or substitutions to the approved plan shall be noted on all copies. Changes and
substitutions of plant material shall be of similar quality, quantity and size, as originally approved
and shall be in compliance with the intent and requirements of Section 20-4.5 and § 20-4.5.1.
(2) For a new single-family, duplex residence on its own lot or applicable existing development, the
owner or owner's agent may certify in writing that landscape and irrigation have been installed
according to approved plan(s).
19
(3) The Planning Division Department shall have the right to inspect all projects for compliance prior
2 to issuance of a Certificate of Occupancy, a Certificate of Use and Occupancy, or a Certificate of
3 Completion.
4
5 (4) Owners are responsible to ensure that landscaping required to be planted ffi pursuant to Section
6 20-4.5 and § 20.4.5.1, and all previous versions, now amended, is: (1) installed in compliance with
7 the landscape requirements; (2) maintained as to present a healthy, vigorous, and neat appearance
8 free from refuse and debris; and (3) sufficiently fertilized and watered to maintain the plant material
9 in a healthy condition.
10
11 (5) If any tree or plant dies which is being used to satisfy current landscape code requirements,
12 such tree or plant shall be replaced with the same landscape material or an approved substitute
13 within 60 days of a complaint.
14
15 (6) The Planning Division shall withhold approval of a final landscape inspection prior to issuance of
16 the final Certificate of Occupancy, Certificate of Use and Occupancy, or Certificate of Completion
17 until a Preparer's Certification of Landscape Compliance has been approved by the Division.
18
19 (7) The Environmental Review & Preservation Board [E.R.P.B.] may recommend adjustment to the
20 requirements of Sections 20-4.5 wt1El & (EL and § 20-4.5.1(Q); under the following procedures:
21
22 (a) The E.R.P.B. on receipt of application for adjustment of landscaping requirements shall
23 have the authority and duty to consider and act upon such application. The application shall be filed
24 by the owner or tenant of the property concerned, or by authorized agents as evidenced by written
25 power of attorney, on forms prescribed by the Planning Department~ and accompanied by the
26 E.R.P.B. application fee.
27
28 (b) In the application, the applicant shall state clearly and in detail what adjustment of
29 landscaping requirements are being requested and the reasons such adjustments are warranted,
30 and shall accompany the application with supplementary data, such as sketches, surveys and
31 statistical information to substantiate the adjustment.
32
33
34
(c) T
35 he E.R.P.B. may approve, modify or deny the requested adjustment, but shall approve or modify
36 such request only if it determines that approval of any adjustment would not be contrary to the
37 public interest and would be in keeping with and would preserve the intent of Section 20-4.5, and §
38 20-4.5.1
39
40 (d) Procedures regarding Board actions and appeals from the decisions of the E.R.P.B. shall
41 follow the regulations set forth in Section 20-6 . .f
42
43 SECTION 20-4.5.1 TREE PROTECTION
44
45 ill Intent and Purpose.
46
47 a) The intent of this section is to provide a mechanism to protect, preserve and restore the
48 tree canopy within the City of South Miami by regulating the removal, relocation and
49 trimming of trees. The benefits of trees to the City are many and include the following:
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i. Trees help combat the greenhouse effect by absorbing C02, a major source of
greenhouse gases which contributes to global warming.
ii. Trees clean the air by absorbing some polluting gases and filter some particulates
out of the air by trapping them on their leaves and bark.
iii. Trees provide oxygen as a product of their growth.
iv. Trees conserve energy and reduce the urban heat island effect by helping to cool the
streets and the city by reducing the direct sunlight from heating pavement and
buildings and by evaporative cooling from transpiration of their leaves.
v. Trees save water by slowing evaporation rates from la'llns.
vi. Trees help prevent '.vater pollution by reducing runoff by allo'Ning the '.vater to flo'l,'
down the trunk and into the earth belov,' the tree, helping to prevent stormwater from
carrying pollutants to the ocean. On hillsides or slopes, trees slow runoff and hold
soil in place.
vii. Trees add to the aesthetic of an area and as landmarks can give a neighborhood a
new identity and encourage civic pride.
viii. Trees provide a canopy and habitat for wildlife.
ix. Trees increase property values.
x. Trees can increase business activity. Studies have shown that the more trees and
landscaping a business district has, the more business will flow in. l\ 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 t~e
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 provisio~s ~f
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
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.
Authority to supervise, enforce, modify and supplement regulations.
a) Planning Department. It shall be the duty of the Planning and Zoning Departme~t
(hereinafter referred to as "Department") to coordinate with the City's arborist and publiC
works personnel to ensure compliance vvith the regulations contained herein and to
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cooperate '...,ith, and assist the code enforcement personnel in the prosecution of any
violation of this section.
b) Code Enforcement Department. It shall be the duty of the Gede enforcement agency to
prosecute violations of the regulations contained herein. The code enforcement agency
may prosecute violations in conjunction and cooperation with the planning department or
on its own initiative.
c) Police Department. In instances in which a person is found cutting or otherwise causing
the destruction of a tree "'iithout a permit, the South Miami Police Department shall
require such person or persons to cease such operations until the necessary permit is
obtained.
G) City Commission. The City Commission 'Nill receive and review all recommendations
referred to it by the Planning and Zoning board for moGiffication of existing regulations or
the addition of supplementary regulations. Any decision to enact regulation modifications
or supplementary regulations shall remain '!lithin the sole and exclusive legislative
jurisdiction of the City Commission. The City Commission shall have the ability to refer
the recommendations to the City Manager for his professional advice and possible
amendments.
e) City Manager. The city manager is hereby authorized to enter into agreements with the
owners of private property located within the city for the purpose of acquiring easements
to plant trees on such property and in consideration for such agreement, the private
property owner shall acquire o'!mership of such trees as the city may plant; provided,
however, that any such agreement shall limit the duration of the easement to a time
period of tV'lO years and shall limit the property interest acquired by the city to that
distance sufficient to allow the planting and initial maintenance of trees, but in no case to
exceed a maximum of a 22 foot setback from the property line or right of way held by the
city. Provided further, that under such agreement the private property owner shall agree
to subsequently maintain the trees planted thereon and shall also agree to hold the city
harmless for any liability attributable to the planting or presence of the trees on the
private property.
fill Tree Removal Permit Applications, Requirements and Revie ..... , Fees.
a) Permit, VVhen Required. A tree removal permit shall be required for the removal
or relocation of any tree within the City, unless exempted by Section 20 4.5.1 (14)). ft, tree
removal permit shall also be required for the pruning or trimming of more than 25 percent
of the canopy of a tree. No person, agent or representative thereof, directly or indirectly,
shall cut down, remove, relocate, or effectively remove any tree on any property, without
first obtaining a tree removal permit as hereinafter provided. No building permit for any
work on the subject site, including new construction, additions, carports, pools, decks,
fences, driveways, parking lots, tennis courts, demolition, or similar work, shall be issued
by the Building Department unless 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 '...,ritten statement indicating the reasons for the removal
or relocation of each tree. The following documentation and all applicable fees shall
accompany each applications.
i. For applications for tree removal in conjunction """ith new construction, including
additions, pools, driveways, parking spaces, sidewalks, recreational facilities, and
decks, a tree survey dra\vn to scale identifying the species and listing the height,
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ii.
iii.
iv.
spread and diameter of all existing trees shall be provided. S.aid surv~y shall be
prepared, signed and sealed by a Professional Land Surveyor, licensed In the State
of Florida.
For applications for tree removal in conjunction wit~ any other activity r~quiring 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 FI~rlda dra'tm 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 tree~ within .said area may be
acceptable in lieu of tree identification regarding species, height, spread and
diameter, provided those photographs permit identification by the City Arborist.
A tree disposition plan that is prepared, signed and sealed by a Florida licensed
professional who holds an Architect, Landscape Architect La~dscape ,i\rchitec~ or
Land Surveyor license, ,that is drawn to scale, and that provides the numbering,
identifying, and listing all existing trees and specifying the condition of each tr~e and
'Nhether 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 ne'N
construction, as applicable, the location of any overhead and/or underground utilities
and the new locations of existing trees to be relocated on site. .
A tree mitigation plan prepared in accordance "''lith the tree mitigation Section of thiS
ordinance
f1} REVIEW OF APPLICATION. Upon receipt of a compl~ted app!ication, the ~Ianni~g
Department (hereinafter referred to as Department), and· the City arb?Flst, shall rev.lew said
application for compliance 'Nith the regulations as set forth in ~his. Section. Such review shall
include a field inspection of the site and referral of the application to other dep~rtm.ents or
agencies as necessary. VVithin 15 calendar days of the receipt of a con:plet~d appli~~tlon, t~e
Department shall issue an intended decision approving, denying or approving With conditions said
application.
NOTICE Within 24 hours of completion of final permit revie' .... of an application for a tree
removal permit, , the Department shall notify the applicant of th~ Department's intent. to issue
the permit ("Notice of Intent"). The applicant shall post the Notice of Intent, ~n or adjacent to
the property, in a location visible to the general public for at least 10 contlnu?us calendar
days prior to final permit issuance. The notice must sta.t~ the date of th~ notice ~nd shall
advise the public that any objection must be made by filing an appeal. '.'11th the City Cle.rk
'tiithin 10 calendar days of the date of the notice in accordance with Section 13 27 of the City
Code(excluding the time for filing the appeal, which in this case is 10 days),
® ISSUANCE OF PERMIT If no appeal is filed vvith the City Clerk,. as stated in the post~d
Notice of Intent and on or before the end the 10 calendar day notice period referred to above In
subsection (5)the permit shall be issued. The tree removal pern:it shall be posted by the
applicant on the property where it is clearly visible to the general publiC, commencing on the date
of its issuance and it shall remain posted until the authorized work is completed. The property
o','mer shall b~ responsible for insuring that the tree removal permit is di~played until the city
declares in writing that the authorized 'Nork is completed and the permit has been honored
without damage to trees.
ill FEES Fees shall be as set forth in this or?inance or as establi~hed ~n the City's Fee
Schedule the latter of which shall take precedence In the event of a conflict.. nppllcatlons from governm~nt agencies for tree removals solely in areas d~dicated to public use may, at the
discretion of the City Commission, be exempted from application fees and permit fees.
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fill FINAL INSPECTION No later than 18 . 'Nork, the applicant shall schedule a final inSmon~hs fol!owmg the completion of the authorized
compliance with authorized work including ,peC!IOn 'Nlt~ the City Arborist for verification of , any reqUired malAtenance of the foliage.
®: CRITERiA FOR I REt: Kt:MOH i\ b . . .. the following conditions may be req~ired~' ,REbOCATION AND REPLACEMENT. ,A.ny or all of
(a) The applicant may be required to redesi n the . other tree determined by the City Man g p~oject to preserve specimen tree(s) or ~ .t . . . ~ager and City 8rb . t t b ' '~"I
:.: specle~, Size, age, form and/or historical siT n orlsoe of su.bstantial value due to h~e.n feasible, which shall include the prese~' rnl Ic~nc~, and to provide an alternate plan
"'"lthln the scope and intent of the initially .a 10; 0 said tree(s) and design any alteration~
(b) Where nra ~. I propose plan ~. : p CtlCa, specimen trees or any other tree .. r:rb~r.lSt to be of substantial v~lue due to its s de~ermln~d by the City Manager and City
significance, that is proposed for remol/al shall bPeGI~s, Size, age, form and/or historical ~~all adhere to acceptable tree relocation specif~c~~ ocat~d on or off site. The applicant ~~d~rds. Ions, In accordance with ANSI A300
(c) If It IS Impractical to relocate said tree() ·th . th.e applicant shall be required to rePla~~ e~I;~r on or Off. site because of age, type or size
With th~ tree mitigation requirements in tree r re~s I p:rm.ltted to ?e re~oved in accordanc~
(d) The City Manager and Citv 8rbor· t er~lO"a ectlon of thiS ordinance. f tI ' , IS-may reqUIFe that th r rom a. Certified Arborist before making anyd t~:e a~p Ican.t pro.vide a '.'{ritten report ~he ~Ity Manager and City Arborist ma 'al e ern:lRatlon~ In. conjunction with this section.
nrchitect or Certified Arborist during con~tr s~ re~UIFe monitoring by a Licensed Landscape uc Ion 0 assure tree preservation.
pill TREE MITIGATION. All tree miti r . . :~ acco~dance with the requirement set ~art~~nr~:ulr~? b~ thiS ordinance shall be accomplished
well as In compliance with the provisions of this Sec~iO;~aml Dade County Landscape Manual as
s~ecles except certain large cano 'tre eqUired for t~e ~emoval of any prohibited
City Arborist based on the importa:~e ot~ upo~ ~he determination of the City Manager or
for such r~moval. e eXisting canopy, and no fees shall be charged
(b) Tree Quality. Trees installed as mitigation in ac ..
(a) Proh~bited Species. Mitigation shall not be r .
or .~xceed, the minimum standards for Florid N cor:ance With thiS section shall conform to
edition of "Grades and Standards for Nurser ~ Plum er One as pro,~ided in the most current
Department of Agriculture and Consumer ;erl!i~nts, Part I and II, prepared by the Florida soun~ nursery practices as illustrated in the L des. Trees shall be planted according to
(c) Off Site Mitigation. If the total n b f an scape Manual. ltd um er 0-trees reqUired T· pan e on the subject property, the a licant' as. mllgatlon cannot be reasonably
plant the excess number Of-rePlacemenrr may ~nter Into agreement with the City to
(d) Tree Trust Fund. If the total numb f ;ees on p~blic property within the City , Iter 0--rees required T· . p ~~ e~ on the subject property, or at the Ci ,'. ?S mllgatlon cannot be reasonably
mitigation provided in the Tree remol/al S tYt~ direction, as an alternative to the off site
contribute to the City's Tree Trust Fund th ec Ion of this ordinance., the applicant shall
mitigation in accordance with the Tree ~,slu~ o~ $1000.?0 for each 2" DBH required as remo.a ectlon of thiS ordinance.
f:1:12 General Tree Protection
(a) Tree Protection during Construction. Trees shall . the use .of protective barriers in accordance \"ithbt~ protected dUring construction through
t? remain on site, shall be clearly identified '::ith e La~dscape Manual. Trees that are
line of the tree or within a radius of 10 f t" tags., , protected area within the drip
less, shall be maintained around trees ~e measur~d from the tree trunk, whichever is o remain In accordance with the Landscape
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Manual, unless the city's certified arborist otherwise determines in wr!ting that a sma!ler
or larger protected area is acceptable for each tree, or an alternative tree protection
method is approved.
(i)
(ii)
(iii)
(iv)
(v)
No oil, fill, equipment, building materials or building debris shall b~ 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.
Trees shall be braced in such a fashion as to not scar, penetrate, perforate or
otherwise inflict damage to the tree.
Natural grade shall be maintained within protective barriers. In the event that the
natural grade of the site is changed as a result of site develo~n:ent, such that the
safety of the tree may be endangered, tree wells or retaining 'Nalls may be
required.
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.
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, ~ubsequent to written
permission from the City after an onsite inspection, temporarily to accommodate
construction needs, provided that the manner and purpose for such temporary re~o~al
will not harm the trees. The trees shall be properly irrigated throughout the bUilding
process. Persons 'Nho cause trees damaged during construction shall be subject to. t~e
penalties set forth in the provisions of Section 20 4.5.1 (13)(Understory plants Within
protective barriers shall be protected.
(c) Tree Pruning/Trimming. The pruning or trimming of any tree shall be in acc?r.dance '.'lith
guidelines in the Landscape Manual. N? more than 25. percent of a ~ree's hVI~g ?~nopy
shall be removed within a one year period. The practice known as Hat racking IS not
permitted and shall be considered a violation of this section. :6.ny other ~ree. abuse, ?r
activity that can effectively destroy a tree, shall also be. ?onsld~red a Violation .of th~s
section. ,6. violation of this section of the code shall be mitigated In accordance With thiS
ordinance.
f:1ll Enforcement
(a) enforcement.
(b) Tree Viability After Project Completion. If the City determines that ~ny tree is not viabl~,
alive, and growing, one year after all associated development .actlvlty on the propert~ IS
completed, the City shall require that said tree be replaced '.'lIth the same tree species
and size which '.'las originally planted or relocated, as per the approved tree removal
~
f:H} Penalties, Remedies Cumulative
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(a) Fine. Any person, or agent thereof, who removes a tree without a tree removal
permit shall pay a fine of $250 per violation, , plus mitigation in the form of
replacement trees or an amount which would have been 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. If the violator fails to
timely complete the requirements of this ordinance for tree mitigation ("Tree
Mitigation Violation"), the initial fine shall be re assessed for each day thereafter until
the mitigation is completed, as determined by the City Manager. The fines shall
increase to $500 per day for any repeated Tree Mitigation Violations. All of the fines
provided for in this ordinance may be increased or decreased by and as set forth in
the City's Fee Schedule ordinance.
(b) Tree Mitigation Required. In addition to the monetary fine established above, the
p!anting 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 that is required by this ordinance shall be completed within sixty
(60) days after the violator has received a citation.
(c) 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.
(d) Individual Enforcement. Each tree removed without a tree removal permit shall constitute
a separate and distinct violation and shall be the subject of individual
(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. This chart and/or the values in the chart may be
amended by the City's Fee Schedule from time to time.
Diameter of Numbef Diameter Inliell of
+roe 2-'-'-DBW 4!!-DWS Replacemem:
removed
~ 2 Gf -:t-Gf $4-;OOG
~ 4 Gf 2 Gf ~
~ g Gf 4 Gf $4,000
13" 18" -:t-2 OF 9 Gf $&,OOQ
19" 24" -:t-e Gf g Gf ~O
213" 30" 2Q Gf -lO Gf $-+MOO
31" 39" 24 Gf -:t-2 Gf W-,OOO
37" 42" ~ Gf -1-4 Gf $-:t-4,OOQ
~g:' 32 Gf -:t-e Gf $-+&,OOQ
49" ElF §jFeateF 4Q OF 2Q Gf $2Q,OOQ
The above formula approximates the following example:
For every 500 Square feet of canopy removed, a hardvJood tree replacement of at least
12 ft tall 'Nould be required. For instance, if 2,300 sq ft of tree canopy were removed, the
replacement requirement vlould be four 12 foot tall trees and one 8 foot tall tree or at the
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minimum level of financial contribution, at $500.00 or $1.05 per square foot of canopy,
which ever is greater. This example 'Iiould 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) ll.,ny previous violations committed by the violator.
(e) VVithholding 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, whichever is greater. The bond 'Nill 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) VVithholding of a Certificate of Occupancy. The Planning 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) Occupational License. The occupational license of any person who performs any
services in the City and who violates this ordinance shall be suspended, or if yet to
be issued, shall not be issued, until the violator 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 vvith any equitable and
legal remedies deemed reasonable and proper by the court.
Exemptions. The follO'.'ling are exempt from the provisions of this section:
(a) ,A.ny tree grO'.'ling in a botanical garden or a licensed plant or tree nursery
business.
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(b) VVhen the City Manager determines in writing that tree removal permitting
requirements will hamper private or public 'Nork 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 dead tree or a living tree of the following nuisance tree species:
SPECIES COMMON NAME
Acacia auriculiformis Earleaf Acacia
Albizzia lebbeck "II/oman's Tongue
Araucaria hotorophyUa Norfolk Island F'ine
Ardisia eNiptica Shoe button Ardisia
Bambusa spp. Tree Bamboo
Bauhinia '1ariegata Orchid Tree
Bischofia javanica Bischofia
Brassaia actinophyNa Schefflera
Casuarina spp Australian Pine
Cupaniepsis anacardiodes Carrot'Nood
Enterelobium cyclocarpum Ear Tree
Eucalyptus spp Eucalyptus
Ficus benjamina I,;1leeping Fig"
GreviNea rebusta Silk Oak
Hibiscus tiliaceus Mahoe
Leucaena leucocephala Lead Tree
,AJlela!euca quinquenepAa Melaleuca
Metopium toxiforum Poison VI/ood
Psidium quaja '1a4ittorale Guava
Ptychosperma e/egans Solitaire Palm
Ricinus communis Castorbean
Sapium sebiforum Chinese TallO'. .... Tree
Schinus terebinthifoNus Brazilian Pepper
Syzygium cumini Java Plum
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Terminalia cattapa Tropical Almond
Thosposia popu/noa Mahoe
Nothi~~ in this section shall be construed to prevent the proper pruning or trimmin of
trees ",here necessary for proper landscape maintenance and safety, provided tha{ no
more than 25 percent of the crown or foliage is removed.
f:1Q} Street trees.
(a) Si~~.~~d spacing. Street trees shall be of a species typically gro'J'm in Miami Dade
c~~nty .. hlch normally mature to a height of at least twenty (20) feet. Street trees shall
ha. e a clear trunk of four (4) feet an overall height of t"'el"e (12) feet ad' . r "f' .' 4N • n a minimum
ca IP.er of tnO (2) Inches at time of planting, and shall be provided along all road"'ays at a m~xlmum average spacing of thirty (30) feet on center, except as otherwise pro'::ided in
thiS Chap~e~. 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 may be placed "'ithin
the swale area or ~hall be placed on private property where demonstrated to be n
necessary due to right of 'J'~ay obstructions as determined by the Public 'Norks
Departm.ent or the appropriate authority 'Nithin the municipality. The City may require
root baFFlers as per City rules.
(b) The maximum ~verage spacing of thirty (30) ft for multiple single family units shall be
?a~e.d on the t~tailineal footage of roadway for entire projects and not based
individual lot widths. on
(c) ~ower lines. Wh.ere the height and location of overhead pO'.ver lines require the
pl~~tlng of 10~l growing trees, street trees shall have a minimum height of eight (8) feet a ~:~Im.um cali~er of one and one half (1 %) inches at time of planting and shall meet th'e
o oWing requirements: '
i. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk trees
or treershrubs, as referenced in the Landscape Manual cleared of foliage to a height
of four (4) feet. '
.. 1\ .
".: n ma~lmum ave~age spacing of twenty five (25) feet on center.
III Matu~ln~ to .a he.lght and spread not encroaching within five (5) feet of overhead
power distribution lines.
iv. Und~r hi.gh .volt.age (50kV and above) transmission lines installed independent of
underbUilt ~Istrlbutlon lines, tree height and spread shall not exceed the m' .
approach dlst T d' Inlmum :ances speclle In the current ANSI (/\merican National Standards
Institute) Z133.1 S~andards, as referenced in the Landscape Manual.
(d) Palms. Palms wh~ch meet all of the following requirements shall count as a required
stree~ tre~ ~n the baSIS of one (1) palm per tree.
~: Mlnl~um canopy of fifteen (15) feet at maturity.
~~: Provided at an avera~e. maximum spacing of twenty five feet (25) feet on center.
III. . Fourteen (1.4) 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
allo'J':fed as street trees. No more than thirty (30) percent of the minimum tree
reqUirements may be met by palms.
(e) Fourty (40) p~rcent of the requi.red trees and/or palms shall be native specie&.-
(f) In or~~r to pre .'en~ a.dverse enVIFonmental impacts to existing native plant
c~~munltles, only eXI~tlng Sabal Palmettos (Cabbage Palms) shall be used to satisfy
minimum tree and native plant requirements, except that Cabbage Palms which are
rescued f~om government approved donor sites, transplanted \vithin the site or
commercl?"Y grown from seed shall be counted to'J'Iards the minimum tree ~nd nati"e
plant reqUirements. •
~.~) f'Nhen trees ~re requested by a property owner to be planted within the right of
hay, the requesting property o'l'mers shall execute a covenant provided by the City to
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provide for the maintenance of such trees subsequent to planting. VVhere 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) iNhere 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 and shall be maintained by
the private property O'Nner such that the trees do not interfere '.'lith the acii>Aties of the
right of way.
(i) Consideration shall be given to the selection of trees, plants and planting site to
avoid serious problems such as clogged se'Ners, cracked sidewalks, and po\'ver service
interruptions.
U) Street trees are not required ''''hen a colonnade open to the public is located ',..,ithin
four (4) feet of the edge of the road'Nay.
(k) Street trees in the Hometo'.'ln District overlay shall be located per the street tree
requirements set forth under Section 20 7.
f1ill: 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.
f1Z} 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 follO\\'ing 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.
Tree Permit Applications, Requirements and Review, Fees.
Except as provided herein, no tree may be removed relocated, trimmed or pruned without a permit
and mitigation as provided for in this section which may be issued or denied notwithstanding any
approval by the Environmental Review and Preservation Board. Only the City Commission may
approve the removal, relocation or replacement of a heritage or champion trees.
ill Permit Required. A tree permit shall be required for the removal or relocation of any tree
within the City. The removal of trees that are prohibited or exempted by Section 20-4.5.1 {N}-shall
require a permit, in advance of any such removal, but no fees shall be charged for said permit. A
tree permit shall also be required for the pruning or trimming of more than 15 percent of the
canopy of a tree. No person, agent or representative thereof, directly or indirectly, shall cut down,
remove, relocate, or effectively remove any tree on any property, without first obtaining a tree
permit as hereinafter provided. No building permit for any work on the subject site, including new
construction, additions, carports, pools, decks, fences, driveways, parking lots, tennis courts,
demolition, or similar work, shall be issued by the Building Department unless the Planning
Department has determined that a valid tree removal, relocation or trimming permit has been
30
issued in accordance with this section. Miami Dade County retains authority for all applications for
2 Mangroves and natural forest communities work.
3 ill Application Requirements. Permit applications shall include the name of the property owner,
4 address from which tree will be removed, tree species and diameter, and reason for removal of the
5 tree. The permit application shall be signed by the property owner and, if applicable, its authorized
6 agent. Applications for tree removal shall also include a scaled drawing of the site showing tree size
7 and location, and a statement of how any other regulated trees are to be protected during any
8 approved tree removal and any associated construction or clearing, or grade changes. The city
9 manager or designee shall attempt to verify the information contained in the application and shall
lO either approve or deny the application as to each regulated tree proposed to be removed.
11 ill CRITERIA FOR TREE REMOVAL, RELOCATION AND REPLACEMENT. Replacement trees are
12 required to be planted to mitigate specimen tree removal and $1,000 shall be paid into the City's
13 Tree Trust Fund in addition to any required mitigation. In addition,
14 Hl Imposition of additional conditions. The city manager or designee, as appropriate, may impose
15 other reasonable conditions where need is demonstrated. Such conditions may include restrictions
16 on percentage of canopy removed or the prohibition of tree removal from certain portions of the
17 site under consideration. The city manager, as appropriate, shall be guided by, but not restricted to,
18 the following criteria in imposing such additional conditions:
19 {ill The need to provide buffers to adjacent developed property;
20 ihl The need to protect soils highly susceptible to soil erosion as identified by the soil survey of
21 the county;
22 ill The need to protect slopes in excess of ten percent
23 .LQl The need to protect existing wetlands, floodplains and flood channels and other
24 environmentally sensitive areas as shown on existing maps, photographs and other reliable and
25 available sources;
26 W aAny or all ofthe following conditions may be required:
27 (i) The applicant may be required to redesign the project to preserve specimen
28 tree(s), or any other tree determined by the City Manager to be of substantial
29 value due to its species, size, age, form and/or historical significance, and to
30 provide an alternate plan, when feasible, which shall include the preservation of
31 said tree(s) and design any alterations within the scope and intent of the initially
32 proposed plan.
33 (ii) Where practical, specimen trees, or any other tree determined by the City
34 Manager to be of substantial value due to its species, size, age, form and/or
35 historical significance, that is proposed for removal shall be relocated on or off-
36 site. The applicant shall adhere to acceptable tree relocation specifications, in
37 accordance with ANSI A300 Standards.
38 (iii) If it is impractical to relocate said tree(s) either on or off-site because of age,
39 type or size, the applicant shall be required to replace all trees permitted to be
40 removed in accordance with the tree mitigation requirements in tree removal
41 Section of this ordinance.
42 (iv) The City Manager may require that the applicant provide a written report from
43 a Certified Arborist before making any determinations in conjunction with this
44 section. The City Manager and City Arborist may also require monitoring and
45 periodic reporting by a Licensed Landscape Architect or Certified Arborist during
46 construction to assure tree preservation.
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ill Applications shall be made on the form provided for that purpose and shall include a written
2 statement indicating the reasons for the permit. The following documentation and all applicable
3 fees shall accompany each application.
4 !ill For applications for tree removal in conjunction with new construction, including
5 additions, pools, driveways, parking spaces, sidewalks, recreational facilities, and decks, a
6 tree survey drawn to scale identifying the species and listing the height, spread and
7 diameter of all existing trees shall be provided. Said survey shall be prepared, signed and
8 sealed by a Professional Land Surveyor, licensed in the State of Florida.
9 ill For applications for tree removal in conjunction with any other activity requiring a
10 building permit, or for any other tree removal, a site plan prepared, signed and sealed by a
11 Professional Land Surveyor, licensed in the State of Florida drawn to scale identifying the
12 species and listing the height, spread and diameter of all existing trees shail be provided.
13 Said site plan may be limited to the immediate area of the proposed work, and photographs
14 of the existing trees within said area may be acceptable in lieu of tree identification
15 regarding species, height, spread and diameter, provided those photographs permit
16 identification by the City Arborist.
17 if} A tree disposition plan that is prepared, signed and sealed by a Florida licensed
18 professional who holds an Architect, Landscape Architect or Land Surveyor license, ,that is
19 drawn to scale, and that provides the numbering, identifying, and listing all existing trees
20 and specifying the condition of each tree and whether said trees are to remain, to be
21 removed and/or to be relocated. This plan shall also illustrate the location of all existing
22 structures and/or all proposed new construction, as applicable, the location of any overhead
23 and/or underground utilities and the new locations of existing trees to be relocated on site.
24 l.Ql A tree mitigation plan prepared in accordance with the tree mitigation Section of this
25 ordinance.
26 .L§lAIl of the required plans, data or other information required with the application shall be
27 included on the proposed development plan or on the supporting documents submitted with the
28 plan or the plat. The following requirements apply:
29 @l Decisions on tree removal shall be based on a qualitative tree survey performed by a
30 landscape architect licensed to practice in the State of Florida under CH 481 FS, and
31 evaluated by the City. The landscaping plan shall show all trees to be preserved, provide for
32 protective tree barriers that meet the requirements of this tree protection ordinance, and
33 specify the details of the mitigation required in this section.
34 1.!ll The requirements for mitigation of regulated trees approved for removal as part of
35 development plan or subdivision plat review are as follows:
I Category Mitigation
heritage trees, in fair or I Mitigation payment based on tree appraised value, limited to three trees per I
better condition I acre averaged over the entire site. If more than three trees per acre in this I
category are located on the site then the trees with the highest tree appraised i
value throughout the site shall be used to calculate the payment. heritage I
trees proposed for removal in excess of the overall average of three per acre /
Ishall require mitigation trees on an inch-for-inch on a diameter basis. I
,~mww~.' •• ~'~"~~mm~""~.~."""'"'~~w''~''''''''''''.'.m'''''''''''r''m'''''''m""~·""·"""""""''''''~''''~~·''·m'''m'~W'''''''''','',,~·''~''''·.""~",.~." •• ~".~ ••. ,,,,,~.~.~'.m,~~~~~.,~m""'''w ~'mm""~~~.~"",.". . ",,'
'Heritage trees of other I Mitigation trees on an inch-for-inch diameter basis. I
I
than high quality I
species, in fair or better I
I
condition!
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fA~~"mh~;i;~;~m~~;~~'i~lMi;i;~~m;;;;~mm~;'~~i~;i~;';f m;~~"~;;;~ '~i"hi;hm";-~;I ity Sh;d~~~~;~i'~~j
: less than fair or better I established for each tree removed. I'
[condition; and any "
I other regulated tree ""_"""~'''m''''m''mm'm"""",''~m'''''''_'_'''m __ ,_"" __ ",_",m_", __ "_,m""""m,,,, '''''m"_""""_",,,,,,,,,,_mm,,,,,,,,,,,,,,,,,,,,,, ""~'m_""""m'mm,.,.",J
mWhen the replacement planting requirements of this ordinance cannot be met, the City shall
collect funds according to the City's tree value mitigation chart which shall be deposited in the Tree
Trust Fund.
5 !t REVIEW OF APPLICATION.
6 ill Removal and mitigation of regulated trees subject to subdivision or development plan
7 approval. When tree removal or relocation is contemplated in conjunction with any
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development requiring approval of a final plat or final waiver of plat, upon receipt of
approval of the plat, prior to final site plan approval, a permit limited to activities necessary
to provide for site preparation shall be considered and either approved or denied.
ill Upon receipt of a completed application, the Planning Department and the City Arborist,
shall review said application for compliance with the regulations as set forth in this Section.
Such review shall include a field inspection of the site, photographic record of the trees on
the site and referral of the application to other departments or agencies as necessary, and
shall ensure that the applicant takes all steps reasonably necessary to preserve or relocate
existing trees prior to receiving a tree permit. If the tree permit is being requested in
conjunction with or to make way for construction for which site plan approval is required,
no action shall be taken on the tree permit application until the site plan is approved.
Within 15 calendar days after site plan approval, if applicable, or the receipt of a completed
application, the Planning Department shall issue a notice of its intended decision on a
preliminary approval of an application, If the request for a tree permit is for an unhealthy,
damaged, or dying tree, or if the tree poses a threat to persons or property, documentation
of such condition by the City Arborist shall be included in the preliminary approval of the
application.
ill Preliminary approval for an application involving tree removal activity shall be granted only
if the City finds that all reasonable efforts have been undertaken in the architectural layout
and design of the proposed development to preserve existing trees and to otherwise
enhance the aesthetic appearance of the development by the incorporation of trees in the
design process. Upon the issuance of a preliminary approval, root pruning of trees
designated to be relocated may be immediately commenced pursuant to the preliminary
approval; provided, however, that no actual removal of a tree shall take place until issuance
of the final tree permit.
ill NOTICE At the end of the next business day following the completion of the Preliminary
Approval review of an application for a treel permit, the Planning Department shall notify
the applicant of the Planning Department's intent to issue the Preliminary Approval ("Notice
of Intent"). The applicant shall post the Notice of Intent, on or adjacent to the property, in a
location visible to the general public for at least 10 continuous calendar days prior to final
permit issuance and shall, in writing, notify the Planning Department that the Notice of
Intent was posted and include the date of the posting and photographic evidence of the
same. The Notice of Intent must state the date of the issuance of the notice, the date of the
posting of the notice and shall advise the public that any objection substantiated by a
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licensed arborist, certified under oath, that the trees to be removed or relocated do not
meet the requirements of this tree protection ordinance ("Certificate of Non-compliance"),
must be made by filing a notice of appeal and the original Certificate of Non-compliance
with the City Clerk within 10 calendar days of the date of the posting of the notice. The
appeal shall be in accordance with Section 13-27 of the City Code, other than as to the time
for filing the appeal which under these circumstances is 10 days.
8 C. ISSUANCE OF PERMIT. If no appeal is filed with the City Clerk, as stated in the posted Notice of
9 Intent, on or before the end the 10 calendar day notice period referred to above in subsection (5), the
10 permit may be issued. The tree permit shall be posted by the applicant on the property where it is
11 clearly visible to the general public, commencing on the date of its issuance, and it shall remain posted
12 until the authorized work is completed. The property owner shall be responsible for insuring that the
13 tree permit is displayed until the city declares in writing that the authorized work is completed and the
14 permit has been honored without damage to trees.
15
16 ill The property owner shall provide the City Manager with a performance bond in a form
17 approved by the City Attorney, if required by the City Manager:
18 .@l The City Manager requires the posting of a performance bond to guarantee compliance with
19 all conditions, limitations, and restrictions of the tree permit. including, but not limited to,
20 planting of all required replacement trees.
21 .Lhl The bond shall be equivalent to one hundred fifty percent (150%) of the estimated
22 replacement cost of the trees to be removed at maturity or any other permitted activity
23 and, with the written consent of the City Manager, may be in the form of a letter of credit
24 from an FDIC insured institution, surety, cash, or certificate of deposit.
25 19 All performance bonds shall remain in force for a minimum of either one (1) year after the
26 actual completion date of the permitted activity (to ensure that any replanted trees which
27 perish are replaced), or until viability of all replanted trees has been achieved, whichever
28 occurs last.
29
30 ill All tree permit applications which remain incomplete for a period of one hundred twenty (120)
31 days shall expire and be null and void at the end of that period of time. A new tree permit
32 application shall be required for all work previously proposed under a permit application which has
33 expired or that has been denied or rejected. Approved permits shall expire, if work as specified, is
34 not commenced within one hundred and eighty (180) days of issuance of the permit.
35
36 D. FEES Fees shall be as set forth in this ordinance or as established in the City's Fee Schedule, the
37 latter of which shall take precedence in the event of a conflict. Applications submitted by government
38 agencies for tree removals solely in areas dedicated to public use may, at the discretion of the City
39 Commission, be exempted from application fees and permit fees.
40
41 E. FINAL INSPECTION No later than 18 months following the completion of the authorized work,
42 the applicant shall schedule a final inspection with the City Arborist for verification of compliance with
43 authorized work including any required maintenance of the foliage.
44
45 F. TREE TUST FUND:
34
1 (1) There is hereby created a Tree Trust Fund, the purpose of which is to acquire, protect, and to
2 plant trees on public property.
3 (2) Disbursement from Tree Trust Fund. Monies obtained for the Tree Trust Fund shall be disbursed
4 for the acquisition, maintenance, management, protection, or planting of trees on public property
5 or for the preservation of trees through the purchase of lands. This fund shall not be used for or
6 toward the installation of new trees that would already be required for a development.
7 (3) Source of monies for the Tree Trust Fund. Said Tree Trust Fund shall consist of contributions in
8 lieu of, or in conjunction with, required replacement plantings under this tree protection ordinance.
9 The City shall collect funds designated for the Tree Trust Fund when the replacement planting
10 requirements ofthis ordinance cannot be met and from other sources.
11 (5) Minimum species diversity standards. When more than ten (10) trees are required to be planted,
12 a diversity of species shall be required. The number of species to be planted shall be based on the
13 overall number of trees required. The applicant shall be required to meet the following minimum
14 diversity standards:
15
16 G. TREE MITIGATION. All tree mitigation required by this ordinance shall be accomplished in
17 accordance with the requirement set forth in the Miami-Dade County Landscape Manual and or Miami-
18 Dade County Chapter 24-49, as well as in compliance with the provisions of this Section. All
19 replacement trees shall be a minimum of a Florida Grade 1 per the grades and Standards of the State of
20 Florida.
21 ill Prohibited/Exempt Plant Species. Mitigation shall not be required for the removal of any
22 prohibited species unless it meets the canopy exception for prohibited plant species.
23 ill Tree Quality. Trees installed as mitigation in accordance with this section shall conform to, or
24 exceed, the minimum standards for Florida Number One as provided in the most current edition of
25 "Grades and Standards for Nursery Plants, Part I and II," prepared by the Florida Department of
26 Agriculture and Consumer Services. Trees shall be planted according to sound nursery practices as
27 illustrated in the Landscape Manual and Landscape code Chapter 18A of the MDC code.
28 ill Off-Site Mitigation. If the total number of trees required as mitigation cannot be reasonably
29 planted on the subject property, the applicant may enter into agreement with the City, to plant the
30 excess number of replacement trees on public property within the City.
31 ill Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably
32 planted on the subject property, or at the City's direction, as an alternative to the off-site mitigation
33 provided in the Tree removal Section of this ordinance, the applicant shall contribute to the City's
34 Tree Trust Fund the sum of $1000.00 for each 2" DBH required as mitigation in accordance with the
35 Tree removal Section of this ordinance.
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38H. MITIGATION METHODS
39 ill Unless otherwise specified in this tree protection ordinance, where mitigation is required, it
40 shall be allowed by two methods, mitigation trees (on an inch-for-inch basis or as otherwise
41 specified) and mitigation payment. The amount of mitigation is as specified herein below.
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ill Mitigation trees shall be of high quality shade species as identified on the South Miami tree list,
meeting the specifications of and sited in accordance with the requirements of this tree protection
ordinance. The installation of new trees for a development as required by this chapter may count
as mitigation for trees removed from the site, except where those removed trees are of a high-
quality species. The preference is for mitigation trees to be planted on the site, but where it is
demonstrated that no space is available, mitigation trees may be planted offsite within city limits.
In these instances, the required mitigation trees may be established on a different site within the
city limits approved by the city manager or designee, or the city manager or designee may allow a
payment in an amount to be made to the city Tree Trust Fund in an amount as set forth in this
ordinance.
(2) Payment shall be made prior to receipt of tree permit, or at such other time as specified in a
development order. Mitigation payments received by the city shall be deposited in the city Tree
Trust Fund.
Tree preservation during development and construction.
ill Tree Protection during Construction. A photographic record of the trees within the proposed
barrier area shall be made by the City Arborist before any permit is issued. Trees shall be protected
during construction through the use of protective barriers in accordance with the Miami Dade
County Landscape Manual or other nationally recognized arboricultural standards approved by the
city manager or designee shall be used as guidelines for tree protection, planting, pruning and care
during development and construction.
ill . Trees that are to remain on site or to be relocated, shall be clearly identified with a tag,
including an identification reference to the tree survey required as part of the landscape plan or tree
permit. A protected area within the drip line of the tree or within a radius of 10 feet measured from
the tree trunk, whichever is greater, shall be maintained around trees to remain in accordance with
the Landscape Manual, unless the city's certified arborist City Manager otherwise determines in
writing that a smaller or larger protected area is acceptable for each tree, or an alternative tree
protection method is approved.
illDuring 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, and to
prevent the deposition of any fill or compaction to the drip zone of the tree. 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. Persons who cause t~ee damaged during construction shall be subject to the
penalties set forth in the provisions of Section 20-4.5.1(L}. Understory plants within protective
barriers shall be protected.
l1JBarriers required. Prior to clearing, demolition, or other construction activities, the city manager
or designee shall determine which trees, if any, require protection. Protective barriers shall be
constructed, as necessary, to prevent the destruction or damaging of regulated trees that are
located within 50 feet of any construction activity or storage of equipment and materials. Barrier
36
placements along subdivision streets are regulated in accordance with the provisions of this section.
2 Trees identified for preservation which are destroyed or severely damaged shall be mitigated in
3 accordance with this section prior to issuance of a certificate of occupancy or use. To avoid conflicts
4 between barrier placements and demolition and construction activities, barriers shall be drawn to
5 scale on the demolition, grading and paving sheets of the development plan.
6 ill Barrier zones. All regulated trees in areas of demolition or construction that have not been
7 permitted nor designated for removal by either the terms of the permit or approved development
8 order shall be protected by barrier zones erected and inspected prior to construction of any
9 structures, road, utility service or other improvements. Barricades shall comply with the following:
10 ill Protective barriers shall be plainly visible and shall create a continuous boundary around
11 trees or vegetation clusters in order to prevent encroachment by machinery, vehicles or stored
12 materials. To further protect tree roots, a layer of wood chips at least eight inches thick shall
13 cover the soil within the barricade. Barricades must be at least three feet tall and must be
14 constructed of either wooden corner posts at least two by four inches buried at least one foot
15 deep, with at least two courses of wooden side slats at least one by four inches with colored
16 flagging or colored mesh attached, or constructed of one-inch angle iron corner posts with
17 brightly colored mesh construction fencing attached. heritage trees shall be protected by
18 galvanized chain link fencing a minimum of 48 inches high, ll-gauge wire, two-inch mesh size
19 secured with 17/8 inch line posts no further than 10 feet apart secured at a depth of three feet
20 below soil line. Corners shall be secured with 23/8 inch line posts secured to a depth of four feet
21 below soil line.
22 ilil Barriers shall be placed at the greater of the following:
23 (i) At or outside the dripline for all heritage and champion trees and all regulated pine
24 and palm trees;
25 (ii) At a minimum of two-thirds of the area of the dripline for all other regulated
species; or
(iii) At the tree root plate.
26
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28 ill If complying with the above placement of barriers is found to unduly restrict
29 development of the property, the city manager or designee, or the appropriate reviewing board
30 may approve alternative barrier placements or methods of protection provided that at least 50
31 percent of the area under the canopy dripline remains undisturbed (no grade change or root
32 cut) and further provided that there shall be no disturbance to the tree root plate. Protective
33 barriers may not be removed or relocated without such approval.
34 iQl No grade changes shall be made within the protective barrier zones without prior
35 approval of the city manager or designee. Where roots greater than one inch in diameter are
36 damaged or exposed, they shall be cut cleanly and re-covered with soil within one hour of
37 damage or exposure.
38 ~ Protective barriers shall remain in place and intact until such time as landscape
39 operations begin. If construction needs dictate a temporary removal (for less than 24 hours), the
40 city manager or designee, may approve or deny the temporary removal of protective barriers.
41 ill Landscape preparation in the protected area shall be limited to shallow discing of the
42 area. Discing shall be limited to a depth of four inches unless specifically approved otherwise
43 by the city manager or designee.
44 1.§1 No gas, oil, fill, equipment, building materials or building debris shall be placed within the areas
45 surrounded by protective barriers, nor shall there be disposal of any waste materials such as paints,
37
oils, solvents, asphalt, concrete, mortar or any other materials harmful to trees or understory plants
2 within the areas surrounded by protective barriers.
3 (7) Trees shall be braced in such a fashion as to not scar, oenetrate, perforate or otherwise inflict
4 damage to the tree.
5 00 Natural grade shall be maintained within protective barriers. In the event that the natural grade
6 of the site is changed as a result of site development, such that the safety of the tree may be
7 endangered, tree wells or retaining walls may be required.
8 ill Underground utility lines shall be placed outside the areas surrounded by protective barriers. If
9 said placementis no possible, disturbance shall be minimized by using techniques such as tunneling.
lO (10)Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes
11 and trenches located close to trees shall be dug by hand and adjusted as necessary, using
12 techniques such as discontinuous footings, to avoid damage to major roots.
13 (l1)1f any preserved tree is not alive and healthy three years after the certificate of occupancy is
14 granted, it shall be removed and replaced with the tree or trees which originally would have been
15 required by this code. The area that was preserved to accommodate the preserved tree shall be
16 maintained in an unpaved condition and the replacement trees established in this area.
17 (12)The Planning Department shall maintain, and make available to the public, descriptions and
18 illustrations of tree preservation and protection practices which will assist in assuring that preserved
19 trees survive construction and land development.
20 (13)lnspections. The city manager or designee shall conduct periodic inspections of the site before
21 work begins and/or during clearing, construction and/or post-construction phases of development
22 in order to ensure compliance with these regulations and the intent of this section.
23 (14)Denia/; conditions. The city manager or designee may deny a proposal for development because
24 one or more champion or heritage trees have not been preserved or adequately protected, or may
25 require special conditions of approval that may include but are not limited to the following:
26 ill Requiring the trees to be protected with chain-link barricades.
27 1.hl Requiring a soil aeration system in the vicinity of tree roots as needed, particularly
28 where fill will be added over roots of preserved trees or where compaction may reduce
29 the availability of water and oxygen to tree roots.
30 (15)Native trees. At least 75 percent of trees on the required landscape plan should be native
31 species. Cultivars of native trees are considered native species but shall be no less than 50 percent.
32 (16)Pruninq. All trees may be pruned to maintain shape and promote their shade-giving qualities
33 and to remove diseased or dying portions in areas where falling limbs could be a hazard to people or
34 property. Tree pruning shall be done in accordance with the most current version of the American
35 National Standard for Tree Care Operations "Tree. Shrub and Other Woody Plant Maintenance"
36 (ANSI A300) and "Pruning. Trimming. Repairing. Maintaining, and Removing Trees. and Cutting
37 Brush-Safety Requirements" (ANSI Z133). The pruning or trimming of any tree shall be in
38 accordance with guidelines in the Landscape Manual. No more than 25 percent of a tree's living
39 canopy shall be removed within a one-year period. No more than 25 percent of the crown should
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be removed at one time. On young trees, limb removal shall leave no more than 33 percent of the
trunk bare of branches. So that shade trees can grow with sturdy structure, the top branch or leader
shall not be removed. Hooks shall not be used to climb trees unless the tree is being taken down.
Mature trees overgrowing vehicular use areas shall be pruned to allow the passage of emergency
vehicles. Excessive pruning, pollarding, or pruning of trees into round balls of crown or branches,
which results in an unnecessary reduction of shade and promotes weak branch attachments is
prohibited.
(17)The practice known as "Hat-racking" is not permitted and shall be considered a violation of
section 20-4.5 and section 20-4.5.1.
(18)Any other tree abuse, or activity that can effectively destroy a tree, shall also be considered a
violation of this section.
AUTHORITY TO SUPERVISE, ENFORCE, MODIFY AND SUPPLEMENT REGULATIONS.
ill Planning Department. It shall be the duty of the Planning Department to coordinate with the
City's Arborist and public works personnel to ensure compliance with the regulations contained
herein and to cooperate with, and assist the code enforcement personnel in the prosecution of any
violation of this section.
ill Code Enforcement Division. It shall be the duty of the Code Enforcement Division ("Code
Enforcement") to prosecute violations of the regulations contained herein. The Code Enforcement
Division may prosecute violations in conjunction and cooperation with the Planning Department or
on its own initiative.
ill Police Department. In instances in which a person is found cutting or otherwise causing the
destruction of a tree without a permit, the South Miami Police Department shall require such
person or persons to cease such operations until the necessary permit is obtained.
ill City Manager. The city manager is hereby authorized to enter into agreements with the owners
of private property located within the city for the purpose of acquiring easements to plant trees on
such property and in consideration for such agreement the private property owner shall acquire
ownership of such trees as the city may plant; provided, however, that any such agreement shall
limit the duration of the easement to a time period of two years and shall limit the property interest
acquired by the city to that distance sufficient to allow the planting and initial maintenance of trees,
but in no case to exceed a maximum of a 22-foot setback from the property line or right-of-way held
by the city. Provided further, that under such agreement the private property owner shall agree to
subsequently maintain the trees planted thereon and shall also agree to hold the city harmless for
any liability attributable to the planting or presence of the trees on the private property.
ill Special Master. The Special Master hearing any appeal or protest of a penalty issued pursuant
to this section shall determine if a violation of this tree protection ordinance has been committed
and shall not have discretion to lessen the fine set by this ordinance.
39
1 K. Enforcement
2 ill Jurisdiction. The City shall have jurisdiction for the proper and effective enforcement of this
3 section. The City shall have the right to inspect subject properties in accordance with the approved
4 tree permit and the provisions of this section.
5 ill Individual Enforcement. Each tree removed without a tree permit shall constitute a separate
6 and distinct violation and shall be the subject of individual enforcement.
7 ill Tree Viability After Project Completion. If the City determines that any tree, that is required to
8 be planted pursuant to a tree permit, is not viable, alive, and growing, one year after all associated
9 development activity on the property is comoleted, the City shall require that said tree be replaced
10 with the same tree species and size which was originally planted or relocated, as per the approved
11 tree permit or may assess penalties as prescribed in this section for illegal tree removal. Such
12 penalties shall be deposited in the Tree Trust Fund.
13 ill Any person who violates this tree protection ordinance shall be required to pay a fine and shall
14 be, in addition to paying a fine, required to mitigated in accordance with the tree mitigation
15 requirements of this ordinance.
16 ill Withholding of a New Building Permit. The removal of any tree in violation of this section shall
17 constitute grounds for withholding new building permits for the subject property until the violation
18 has been corrected, including the payment of all fines and the planting of all trees required as
19 mitigation, pursuant to this section has occurred to the satisfaction of the City. Alternatively, in
20 order to obtain the new building permit, the person in violation may post a performance bond
21 pursuant to 255.05 of the Florida Statues naming the City of South Miami as Obligee. The bond shall
22 be in the amount of ten percent of the construction cost or ten percent of the appraised value of the
23 property, whichever is greater. The bond will be maintained in place until the violation has been
24 corrected, pursuant to this section.
25
26 f§l Withholding of a Certificate of Occupancy. The Planning Department shall not approve the
27 zoning inspection required for a temporary or final Certificate of Occupancy until all violation of this
28 section have been corrected, including the payment of all fines and the planting of all trees required
29 as mitigation, pursuant to this section.
30
31 ill Occupational License. The occupational license of any person who performs any services in the
32 City and who violates this ordinance shall be suspended, or if yet to be issued, shall not be issued,
33 until the violator has complied with this ordinance, paid all fines incurred and complied with all
34 requirements for tree mitigation.
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36 1m Remedies Cumulative. The remedies provided in this section shall be cumulative to all remedies
37 provided by law and/or equity, and the election of one shall not preclude the other.
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39 121 Costs and Fees. In the event the City institutes any civil action to enforce the terms of this
40 section in a court of competent jurisdiction, the City shall be entitled to recover the fines imposed
41 pursuant to the violation(s), the cost of trees required as mitigation, the costs associated with the
42 investigation and prosecution, inclusive of a reasonable attorney's fee for prosecuting attorney,
43 together with any equitable and legal remedies deemed reasonable and proper by the court.
44
40
L. Penalties, Remedies Cumulative
2 ill Fine. Any person, and each agent thereof, including the owner, who, without an appropriate
3 permit required by this ordinance, relocates, trims or removes a tree, and/or orders, instructs or
4 allows others to relocate, trim or remove a tree in violation of this ordinance shall (i) comply with
5 the tree mitigation requirements of this ordinance in the form of replacement trees or, if
6 replacement is not possible, shall pay the amount required in lieu of replacement and (ij) shall pay a
7 fine of $250, per violation. Where there are two or more penalties for the same offence, all the
8 penalties shall apply, unless found to be excessive by a court of competent jurisdiction and then the
9 more stringent enforceable penalty or penalties shall apply. All fines and monetary mitigation
10 payments shall be deposited into the Tree Trust Fund. Each tree removed, relocated or trimmed
11 without an appropriate permit. shall constitute a separate and distinct violation, subject to a
12 separate fine and mitigation. If the violator fails to timely complete the requirements of this
13 ordinance for tree mitigation ("Tree Mitigation Violation"), the violator shall pay an additional fine
14 of $250 for each day thereafter until the mitigation is completed. The fine for any repeated
15 violation of this ordinance by the same person shall increase to $500 for each repeated violation.
16 The fine for a repeated Tree Mitigation Violation by the same person shall be $500 per day. The
17 owner of the property where the violation occurred shall be jointly and severally liable for the same
18 fine as the person who removed, relocated or trimmed a tree without an appropriate permit. All of
19 the fines provided for in this ordinance may be increased or decreased by and as set forth in the
20 City's Schedule of Fees and Fines.
21 ill Tree Mitigation Required. In addition to the monetary fine established above, the planting of
22 replacement trees shall be required. If the total number of trees required as mitigation cannot be
23 reasonably planted on the subject property by the sole determination of the City Manager who shall
24 be guided by the principal of tree protection and tree preservation, the applicant shall contribute
25 into the City's Tree Trust Fund in an amount based upon the chart below or as otherwise provided
26 more stringently in this section. Mitigation that is required by this ordinance shall be completed
27 within sixty (60) days after the violator has received a citation and shall be in addition to any and all
28 other applicable requirements or sanctions.
29 ill Irreparable or Irreversible Violations. In the event the Special Master finds that the
30 unauthorized removal. relocation or trimming of any tree is irreparable or irreversible in nature, he
31 shall impose a fine not less than $2,000 and not to exceed $5,000 per violation, plus mitigation as
32 required in this chapter. In determining the amount of the fine in excess of $2,000, the Special
33 Master shall consider, the following factors:
34 .@l The gravity of the violation;
35 M Any actions taken by the violator to correct the violations; and
36 ill Any previous violations committed by the violator.
37
38 M. Tree Mitigation Value. This tree value mitigation chart shows the following values which are
39 intended to be minimum levels of replacement for each size of tree removed. This chart and/or the
40 values in the chart may be amended by the City's Fee Schedule from time to time.
41
42
Diameter of
Tree removed
Number
2" DBH
41
Diameter In lieu of
Replacement
2
3
4
5
6
7
8
9
2"-3" l Or .1 or Sl,OOO
4"-6" 1 Or 2 or S2,000
7" -12" § Or 1 or S4,000
13" -18" 12 Or § or S6,OOO
19" -24" 16 Or § or S8,000
25" -30" 20 Or 10 or SlO,OOO
31" -36" 24 Or 12 or $12,000
37" -42" 28 Or 14 or S14,000
43" -48" 32 Or 16 or S16,000
49" or greater 40 Or 20 or S20,000
The above formula approximates the following example:
For every 500 Square feet of canopy removed, a hardwood tree replacement of at least 12 ft tall
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 S500.00 or S1.05 per square foot of canopy, which ever is greater. This
example would require a minimum of S2,500.00.
10 N. Exemptions. The following are prohibited plant species that are exempt from the general tree
11 protection provisions of this section. A no-charge permit will be issued for removal of prohibited and lor
12 invasive non-native plants species.
13 ill Any tree growing in a botanical garden or a licensed plant or tree nursery business.
14 ill Upon determination in writing by the City Manager that tree permitting requirements will
15 hamper private or public work to restore order to the City after a declared state of
16 emergency by the City Commission.
17 ill The removal of any tree during or following an emergency such as an act of nature or a life
18 safety issue. The city reserves the right to require mitigation once the life safety issue is
19 resolved.
20 111 Removal of any dead tree
21 ru A living tree of the following prohibited or nuisance plant species except when present in a
22 dense distribution or substantial canopy coverage deemed to be of significant importance to
23 the aesthetic or environmental benefit to the area as determined by the City Manager:
24
25 SPECIES
26 Acacia auriculiformis
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Albizzia lebbeck
Adenanthera pavon ina
Araucaria heterophylla
Ardisia elliptica
Bambusa spp.
Bauhinia varieqata
COMMON NAME
Earleaf Acacia
Woman's Tongue
Red beadtree, red sandalwood
Norfolk Island Pine
Shoe-button Ardisia
Tree Bamboo
Orchid Tree
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Bischofia javanica
Brassaia actinophylla
Casuarina spp
Cupaniopsis anacardiodes
Dalbergia sissoo
Enterolobium cyc!ocarpum
Eucalyptus spp
Ficus benjamina
Ficus microcarpa
Grevillea robusta
Hibiscus tiliaceus /Talipariti tiliaceum
Leucaena leucocephala
Melaleuca quinquenervia
Melia azedarach
Metopium toxiferum
Psidium quajava!littorale
Ptychosperma eleqans
Ricinus communis
Sapium sebiferum
Schinus terebinthifolius
Schefflera actinophylla/Brassaia actinophylla
Syzyqium cumini
Terminalia cattapa
Thespesia populnea
Bischofia
Schefflera
Australian Pine
Carrotwood
Indian rosewood, sissoo
Ear Tree
Eucalyptus
Weeping Fig"
Indian laurel, laurel fig, Malay banyan, Chinese banyan,
glossy leaf banyan
Silk Oak
Mahoe
Lead Tree
Melaleuca
Chinaberry
Poison Wood
Guava
Solitaire Palm
Castorbean
Chinese Tallow Tree
Brazilian Pepper
Schefflera
Java Plum
Tropical Almond
Mahoe
43 Nothing in this section shall be construed to prevent the proper pruning or trimming of trees where
44 necessary for proper landscape maintenance and safety, provided that no more than 25 percent of the
45 crown or foliage is removed.
46
47 INVASIVE,NONNATIVE PLANT SPECIES
43
1~_a_m~~~""K:~~d_uo_sSt~a:~~~e~~:-:t-~~:~~~--""----"~~'~--"-"'-"---"'-'~--'-'----'---.---~"J
i pepper r
, I 'mm_'_""~' ____ '"" ___ m_'_' ____ ""' ____ ' ___ ' _____ 'm"" ______ ''' ____ .'' __ ~
iChinese Wisteria sinensis
I wisteria
i'""""""'."-"'''''''.''''''''-'''''''''--''-'''''''-'I'''''''''''"''''''''''''-''--m __ ", __ """"_"""_""_""."_'_"""" __ ",_' .. ",m",,,,,,,,,m,,,,,,_m,,,,,,_,,,,"''''-,----,-,-,---,---,,--,,-"'''''--,--,,-,,-"',"""'-"'-,-,,-----'" """,m",,_,m_m,
[Climbing fern ! Lygodium iaponicum and Lvgodium microphyllum I
!_~~ ___ """"'_"'"'''''''''' I m_, ''''"'-,--m,.m _ m_' __ .. m _,, _____ • ____ 'm .. __ ~" __ j
~~~:~~-=-=-~~
JGIOSSY privet ILigUstru~ lucid-~~m , , '_' _________ ~ __ '_""_"" ____ "' .. __ m' __ .' __ "'"_]
i~~~~~~~~~~~~r~~.~i;~~~j~~~~'''~~~~~=~~~~~i~=~~=_ .. __ ,,_==~~-~~",,·=~~~~·"m_"""~~~~--]
! Golden I Phvllostachys aurea
!bamboo I
.-
!Henon bam . a cv. "Henon"
Hydrilla
Brousonettia papyrifera
erma
Sasa palmata (Arundinaria palmata)
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bamboo
Skunk vine :n. deria foetida
Tropical soda Solanum viarum
~
White-Tradescantia fluminensis
iflowered small-
. leaved
sQiderwort I '~'~m_'~ ___ ~~m_'_' _______ ~_~ __ ~ ________
Wandering
spiderwort
Water hyacinth Eichornia crassipes
Wild taro Colocasia esculenta
O. Street trees.
ill Street trees. Street trees shall be Qlanted along the sides of all streets within a
develoQment and on the develoQment side of any contiguous street. Street trees shall be
Qlanted for every 30 to 50 feet of street frontage, deQending on the canoQY area needed for the
tree sQecies. The widths of driveways along a street shall be subtracted from the linear feet of
street frontage length for the QUrQoses of calculating the number of required street trees. In no
case shall trees be sQaced closer together than 25 feet or farther aQart than 60 feet. Alleys are
exemQt from this requirement for street trees. Street tree diversity is to be attained city-wide in
order to reduce the effect of loss of street tree sQecies due to insect or disease outbreaks, even
though street tree diversity may not be attained on an individual street.
ill Street trees shall be high quality shade trees and shall be Qlanted in tree lawns with a
minimum width of eight feet, or within tree wells with minimum four-foot by four-foot surface
oQenings.
ill On-street Qarking sQaces may be located between street trees, as long as the required
number of trees are Qlanted along the street frontage, and the minimum rootzone volume is
Qrovided for each tree.
Tree wells may be enclosed with Qavers or other hardscaQe materials above the
required rootzone volume The landscaQe architect shall Qresent a recommendation regarding
the need for the installation of an aeration system necessary to conduit water and oxygen to the
roots of trees within tree wells.
Where Qossible, street trees shall be Qlanted between the street and the Qublic
sidewalk. Street trees may be Qlanted between the sidewalk and adjacent buildings only where
the location of existing or QroQosed utility lines along the street, or the clear zone requirements
of the Qublic works deQartment or other maintaining agency, Qrevent the location of trees
between the street and sidewalk. Where street trees are aQQroved to be Qlanted between the
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sidewalk and adjacent buildings, the trees may be located as close as five feet away from
building face.
1§1 The reviewing board, or the city manager or designee, may require the adjustment of
the prescribed build-to line in order to accommodate the required street trees and ensure that
the trees will meet separation requirements from utility lines, buildings, and paved areas.
ill Where possible, developments shall be designed to preserve as street trees any existing
champion, specimen, or heritage trees which are located in the right-of-way or on private
property within 20 feet of the right-of-way. Where these trees are preserved, no new
construction or grading shall occur within the tree root plate, and new buildings shall be
designed so that no more than 25 percent of the crown of the trees is removed. The area
underneath the canopy of the preserved trees shall be exempt from tree planting requirements,
and the required distances between street trees may be modified.
.llil A minimum ten-foot separation shall be provided between street trees and street
stormwater inlets, except where bioretention inlets that incorporate trees are utilized.
1m Where the required street trees would overlap with trees that are required to satisfy
perimeter landscaping requirements for vehicular use areas, only the requirements for the
vehicular use area must be met.
(10) 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 (30) 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 may be placed within the swale area or shall be placed on private
property where demonstrated to be necessary due to right-of-way obstructions as determined
by the Public Works Department or the appropriate authority within the municipality. The City
may require root barriers as per City rules.
il1J The maximum average spacing of thirty (30) ft 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.
111l 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:
W 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.
llil A maximum average spacing of twenty-five (25) feet on center.
19. Maturing to a height and spread not encroaching within five (5) feet of overhead power
distribution lines.
{ill Under high voltage (50kV and above) transmission lines installed independent of
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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.
i!.ll 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.
@} Minimum canopy of fifteen (15) feet at maturity.
iQl Provided at an average maximum spacing of twenty-five feet (25) feet on center.
ill Fourteen (14) foot minimum overall height or minimum caliper of four (4) inches at time
of planting.
.lctl It is provided however that queen palms (Svaqrus romanzoffiana) shall not be allowed
as street trees. No more than thirty (30) percent of the minimum tree requirements may be
met by palms.
Fourty (40) percent ofthe required trees and/or palms shall be native species.
1..!2l In order to prevent adverse environmental impacts to existing native plant
communities, only existing Sabal Palmettos (Cabbage Palms) may 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.
f1§.l When trees are requested by a property owner to be planted within the right-of-way,
the requesting property owners shall execute a covenant provided by the City to provide for the
maintenance of such trees subsequent to planting. Where the State, County, or municipality
determines that the planting of trees and other landscape material is not appropriate in the
public right-of-way, they may require that said trees and landscape material be placed on
private property.
ilZ.l 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 and shall be maintained by the private
property owner such that the trees do not interfere with the activities of the right of way.
ill.} 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.
llil Street trees are not required along a colonnade which is open to the public and which is
located within four (4) feet of the edge of the roadway.
Street trees in the Hometown District Overlay shall be located per the street tree
requirements set forth under Section 20-7.
il1l 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.
47
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1m 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
genera! 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.
lO Section 2. Codification. The provisions of this ordinance shall become and be made part of the
11 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
12 renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be
13 changed to "section" or other appropriate word.
14
15 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
16 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
17 the validity ofthe remaining portions ofthis ordinance.
18
19 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
20 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
21 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of
22 being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in
23 conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be
24 harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore,
25 only that portion that needs to be repealed to harmonize the two ordinances shall be repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this ___ day of _________ -', 2014.
ATIEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
48