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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
II 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 "Tree
12 Protection"; and
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14 WHEREAS, the residents and City Commission of South Miami feel that the destruction of certain
15 trees is not necessary to redevelop properties; and
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L 7 WHEREAS, the City Commission feels that the Tree Protection Ordinance No. 13-14-2191, needed
18 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,
2 1 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 The Land Development Code of South Miami, Florida originally enacted by Ordinance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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3 I 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 and
35 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 greenhouse
37 gases which contributes to global warming.
3 8 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 oftheir 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 carrying
pollutants to the ocean. On hillsides or slopes, trees slow runoff and hold soil in place.
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vii) Trees add to the aesthetic of an area and as landmarks can give a neighborhood a ne tv
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. 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
preservat ion of existing trees to the greatest extent possible; to ensure that the applicant takes all
steps reasonably necessary to preserve or re lo cate existing trees prior to receiving a permit, and
to:
i) Establish and mainta in 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 histerle 'champion, heritage and
sp_ecimen tr_ees;
vi) Promote efficient and cost-effective management of the urban forest through the
development of a comprehensive long-raoge UI::ban forest master plan; and
Vii) Provide latitude in the interpretation and application of city administrative rules.
standards and guidelines when reasonable and necessary to Implement this section an
minimize the destruction of trees.
WDefinitions. For the purpose of this section, the following definitions shall apply:
(1) For the p~rpose of this section, the follo·...,ing eefinitians shall apply;
~ ill Applicant: A person who is the owner, authorized agent of the owner, lessee of a property
under a written lease, or who is authorized to apply for a building permit for the subject property.
f3t L1l 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.
f4} Lll Branch Collar: Trunk tissue that forms around the base of a branch .
~ 11.1 Breast Height: A measurement taken at a height four and one-half feet above grade.
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2 ~f..2l Caliper: For trees under four (4) inches in diameter, the trunk diameter measured at a height of
3 six (6) inches above natural grade. For trees four (4) inches and greater in diameter, the trunk
4 diameter measured at twelve (12) inches above natural grade. (Per chapter 18A MDC landscape code)
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6 1§l Champion Tree: A tree that is the largest of its species, including those trees that have been
7 designated by the Florida Department of Agriculture and Consumer Services, or its successor
8 department that controls and/or r egulates Florida forests (h ereinafter refe rred to as the "Department
9 of Agriculture"), as a Florida champion tree.
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II (7) Controlled tree and shrub species: tRe5e species that tend to become nuisances because of their
12 ability to invade proximal native plant communities or native inhabitants, but which, if located and
13 cultivated properly, may be useful or functional as elements of landscape design. This section
14 incorporates by reference the Miami-Dade County Landscape Manual listing of controlled tree species
15 and as may be amended from time to time.
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17 (8) Crown: The upper branches ofthe tree canopy.
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J9 (9) Crown Width: The width of the crown at its widest point measured on a plane parallel to the
20 ground.
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22 (10) Developed land: Land upon which structures or facilities have been constructed.
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24 (11) Diameter (DBH): The diameter of a tree's trunk measured at a height four and one-half feet
25 above grade. In the case of multiple-trunk trees, the DBH shall meaR the sl:Im of each trl::lRk's eiameter be
26 determined using the following formula which produces the diameter of a circle of equivalent cross-sectional
27 area to the smaller circles of the mu ltip le trunks: (square root of (for all trunks, the sum of (the circumference of
28 each trunk sq uared))) divided by "pi" (3.141.
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30 .L!Ll Drip line shall mean an imaginary vertical line extending from the outermost horizontal
3 1 circumference of a tree's branches to the ground.
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33 {-R-W Drop-crotch Pruning: A specific type of pruning designed to properly reduce the size of trees
34 and defined by the International Society of Arboriculture (ISA) standards, or any subsequent
35 amendments thereto.
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37 (Y...11..l Effectively destroy or Effectively ejestroyiRg The cutting, trimming, or damaging of a tree's
38 trunk, branch or root system to the extent that the tree has lost its 'liability 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
4 1 Tr ee Care Op er ations 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 be
45 removed.
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47 (16) Equivalent Value: An amount of money which reflects the replacement cost of a tree, (including
48 transportation, planting and the initial years maintenance to insure survival) based on its size,
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condition, location, the market value and specifically the International SOciety of Arboriculture (ISA)
2 tree evaluation formula.
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4 ( 17 L 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) -Florid a Numb er 1 Gr ade or equivalen t sh all 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 M (19) Girdling: 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 f1&tUQLGrade: 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 ~U1LHat-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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2 3 (22) Heritage Tree: A deSignation given pursuant to an action by the City Commission. The City
24 Commission can grant Heritage Tree status in any of the following categories :
25 1) Champion Size : Tree that is the largest of its sp ecies.
26 2) Significant Size : Tree worthy of recognition for size , but not the largest of its species.
27 3) Historically/Culturally Significant: Trees speCifically associated with historical dates, events. people ,
28 and city landmarks .
29 Anv tree tl:lat I:las a DB'"' af 20 incl:les ar mare.
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31 ~.l1.2LLandscape Manual: The Miami-Dade County Landscape Manual ("MDC Landscape Manual),
32 which is in effect now, or as amended in the future, as the official landscape manual issued by Miami-
33 Dade County, Florida . The MDC Landscape Manual is hereby adopted by the City and incorporated
34 herein by reference, providing that in the event of an express conflict between the MDC Landscape
35 Manual and this section, the latter shall prevail.
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37 ~~Large Size Tree: A tree of any age, with a mature height of 40 feet or more and a mature
38 crown wider than 22 feet.
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40 ~Lf.2L Maintenance and Protection: The act of enhancing the viability of a plant, including all
41 marking, watering, pruning, spraying, injecting, fertilizing, treating, bracing, as well as the
42 performance of surgical work and/or cutting above or below the ground.
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44 ~4H_l§LMedium Size Tree: A tree of any age, with a mature height of between 26 feet and 39 feet, a
45 mature crown between 15 feet and 22 feet.
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~~Mitigation: Those measures necessary to restore tree coverage, crown, or canopy which
2 have been effectively destroyed, or that were removed with or without authorization under this
3 ordinance.
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5 ~ ~L Native plant species plant species inell::JEling these IisteEl as "native tree" in the
6 Miami DaEle Cel::Jnty lanElseape rnanl::Jal. Shall mean a plant species with a geographic distribution
7 indigenous to all or part of Miami-Dade County. Plants which are described as being native to Miami-
8 Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and
9 Lakela and "The Biology of Trees Native to Tropical Florida" by P. B. Tomlinson, are native plant
10 species within the meaning of this definition as may be amended or replaced from time to time.
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12 (29) Natural Forest Community shall mean all assemblages of vegetation designated as Natural Forest
13 Communities on the Miami-Dade County Natural Forest Community Maps and approved by the Board
14 of County Commissioners, pursuant to Resolution No. R-1764-84 and further defined in Section 24-3
15 of the Miami -Dade County Code as may be amended or replaced from time to time
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17 f2-71( 30) Nonviable: Not capable of living or of providing the ecological or aesthetic qualities
18 associated with a healthy functioning tree.
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20 (31) Nuisance Plant Species Any tree or shrub or part thereof growing upon private or public property
21 which is determined by the City to endanger the health, safety and/or general welfare of the City
22 and/or its residents and/or its business owners, operators or customers.
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24 ~ ~Person: Any individual, legal entity or any association of individuals and/or legal
25 entities.
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27 f2-9} (33) Prohibited +Fee Plant Species: Those tfee Q.@nLspecies that are detrimental to
28 native plants, native wildlife, ecosystems, or to human health and/or safety and welfare as well as
29 those species that are listed as prohibited species in the Miami-Dade County Landscape Manual. Also
30 referring to trees that are exempt from the general tree protection requirements of this section 20-4.5
31 and 20-4.5.1.
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33 ~ (34) Protected Tree: A tree with a minimum caliper of one and one half inches in
34 diameter as listed in the Miami-Dade County Landscape Manual as amended.
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37 ~ U2LProtective Barrier: Protective barrier shall mean a temporary fence or structure built
38 to restrict passage into an area surrounding a tree or stand of trees for the purpose of preventing any
39 disturbance to the roots, trunk, or branches of the tree(s).
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41 M.l.1§l_Pruning/Trimming: The removing of plant parts, dead or alive, in a manner so as not to
42 damage other parts of the plant. The selective cutting of tree/plant parts to encourage new growth or
43 better flowering; to remove old stems or deadwood; or to shape trees according to ANSI A300
44 Standards.
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46 f3.3t LlZLPublic Area: Includes all Public right of ways, parks and other lands owned or leased
47 by the City.
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( 34)PuBlic Tree Nuisance: Any tree or sRruB or ~art tRereof growing u~on ~rivate or ~uBlic ~roperty
2 ' .... RicR is determined By tRe Cit,' to endanger tRe RealtR, safety and/or general welfare of tRe City
3 and/or its residents and/or its Business owners, operators OF customers.
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5 ~~Public Right of Way: Includes all public streets, roads, boulevards, alleys and sidewalks .
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7 ( 3€i ) Pnm in g: t Re rem o vi ng of pl ant parts, de ad or alive, i n a m anner so as no t to dama ge ot her pa rts
8 af tRe ~Iant.
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10 f3+1 ~Roots/Root Systems: The parts of the tree containing the organs that extract water,
II gases and nutrients from the soil.
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13 f381 !.,AQLShade Tree: Any tree which, when mature, has a crown width that is at least two-
14 thirds of the tree's height.
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16 f3.9} U!LSite Plan: A comprehensive plan drawn to scale indicating land elevations, public
17 rights of way including roadways, and the location of all relevant eXisting and proposed site
18 improvements including structures, parking, other paved areas, ingress and egress drives, landscaped
19 open space and signage.
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21 f4Q} ~Small Tree: A tree with a height of 25 feet or smaller when fully mature, and with a
22 mature canopy smaller than 15 feet.
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24 f411 L11L50und Nursery Practices: The various procedures involved in landscape nursery
25 work that are in compliance with the Florida Department of Agriculture and Consumer Services
26 standards.
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28 ~ iA1L Spread: The greatest horizontal dimension of the branches and foliage of a tree .
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30 ~ L 421 _Stem: The primary trunk which is the main upward axis of a tree that supports
31 branches and leaves above the ground, serving to support the tree and to transport and store water
32 and nutrients.
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34 A single stemmed tree with a DBH of 18 inches or greaterL or a multi
3 . Dade County Pines of
r Cabba e Palms with trunks reater than 6 feet
~~~k::ti~mE~~~:ffi:~~~~~~~~~~. witR tRe eHception tRat tThe following types of trees
31h t meet this criteria shall not be considered specimen trees:
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a.-Non-native species of the genus Ficus. ;
b._All multi trunk trees in the ~alm tamil-" eHeept AccelorrhapRe wrightil, whleA 80 not l:Iave ~
trunk of a l:Iejgl:lt of.1S feet or more a minimum overall Reight af 15 feet
c. All nuisance plant species trees are specificall ', determined to not to ge 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
f . .gaEie COl:inty PiReS-Gf-OBH eryceedlng 12 " are also specimen trees . Cae9age Palms with trunks
greater tl=lan €i ftJet rna\' be relocated , but otherwise are treated as Specimen Trees.
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(47) Temporary Shade Tree: A tree in a landscape plan planted to provide temporary shade until
adjacent trees reach maturity may be designated as a "temporary shade tree", and may be trimmed
back or removed at such time as the surrounding trees require additional access to sunlight.
~ (48 LTopping: The flat cutting of the top of a tree, severing the main leader or supporting
leaders, and or a process to flat-cut the top of a tree or to remove more than one-third of the tree
crown.
~~ Tree: Any self-supporting perennial woody plant that, at full maturity, has a aiameter at
Breast height (DBH} of twe six or more inches with a minimum fully mature height of 12 feet above
grade.
{471 L.2QlTree 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.t-ef
f48} ~ Tree Removal: Directly or indirectly cutting down, poisoning, destroying, removingL
9f relocating, or effectively destroying (through damaging, trimming, authorizing or allowing cutting
down, destroying, removing, or moving) any tree.
f49} (52) Tree Remo't'al Permit: The city permit requ ired for tree removal, relocation,
trimming or pruning of an existing tree.
f5G} ~ 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 t he fo llowing regulations except as specifica lly
exempted. No parcel within the city may be cleared, grubbed, f il led or exca v ated , nor shall any
building be demolished, altered or reconstructed in a manner which negatively impacts regulated
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t ree s, chang es t he site pla n, si t e use or in cr eases the im pe rviou s surface area except in compli ance
2 with this section 20-4.5 and section 20-4 .5.1 . ReQuirements of these sections and Section 20-3.5 do
3 no t exempt pr op ert y own ers from com p li ance w ith an y other secti on of t he Cit y's Code of Ordin ance
4 and Land Development Code . However, the City shall be exempt from the tree removal. relocation,
5 prunin g and tri m m in g posti ng req uire ments f or proj ects involvin g City property or Ri ghts of W ay.
6 (2) All trees req uired or pe rm itted t o be planted p urs uant to t he re quirem ents in t hi s o rd in ance shall
7 be selected from the South Miami tree list. Tree species not appearing on the South Miami tree list
8 may be pl anted onl y with prior approval of t he ci ty ma nager or des ign ee. Developme nts whi ch
9 re q ui r e 16 or more sha de trees shall have at least f our differe nt hi gh q uality shade t ree species . Th e
10 appli cant o r landscape con tracto r shal l sche dul e an o n-s ite meetin g with t he city manager or desig nee
II p r ior to t he in sta ll ation o f any trees or shr ub s t o ensure co m pati bili ty wit h i nf r astr uct ure and
12 compliance with land sc ap e code requirements.
13 (3 ) Where required shade trees are expected to conflict with planned solar energy generation,
14 developments may compensate for the required trees by proper prunlDs or Ire locating them to a
15 designated area or prese rving an equal number of existing high-quality sh ade trees elsewhere on the
16 site. These trees shall be locate d so t ha t t hey ca n grow t o maturit y wit hout obst ru cting t he planned
17 ge neration of so la r ene rgy, an d the area w here th ey ar e planted or prese rv ed shall be delineated and
18 noted as a "designated tree area(s)" on the site-plans .
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20 D. Landscaping Requirements Applicability~ Section 20-4 .5 shall apply to all public and private
21 development when a building permit is required, except for the following:
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f11 Existing attached and detached single family and duplex dwellings, including any
future additians ar expansions sAall13e exempt from the provisions of Section 20 4 .5
~OJ Bona fide agricultural activities: Any property receiving an agricultural classification and
assessment pursuant to Section 193.461 of the Florida Statutes, substantiated by a plan submitted
indicating the area with the agricultural classification.
~ ~xisting develapment as defined in § 20 4.5(,0.) sAall onl'/13e required ta cam ply witA tAe
street tree requirements af § 20 4.5(0)(3) § 20 4.5 .1(15); hO'Ne't'er, Ithe requirements of~
4.5(0)(3) § 20-4.5.1(Q) shall not apply to existing attached and detached single-family and duplex
dwellings, per § 20 4.5(,0.)(1) a13ave .
f4t QLParking lot buffer~w i ll not be required if inadequate area exists wAicA will they cause the
elimination of any required parking pursuant to this code.
35 i.1LThe provisians af Sectian 20 4.5 shall anly apply ' .... here a 13uild i ng permit is required far external
36 alteratians ar wAere a pa"'ing permit is required fer expansian af parking areas. Routine maintenance
37 such as re-roofing and painting shall not be considered external alterations for Section 20-4.5
38 requirements ; however, re-roofing and painting is considered an external alteration under other
39 provisions of this Code and may require the approval of the ERPB and/or a permit .
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41 b <;t Landscape Requirements Submittals. All submitted landscape plans, irrigation plans, tree
42 surveys and other required submittals must meet witA-the approval criteria of the Planning Division and
43 Zoning Department, (hereinafter referred to as the "Planning Department") prior to issuance of permits
44 fer pa't'ing, new parking areas, ar expansian af existing parking areas .
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2 (1) Minimum submittal criteria. All landscape plans must be drawn to scale and have a north arrow,
3 and accurate ly depict all buildings, pavement, on-site facilities, utilities and lighting systems. The
4 landscape drawing or accompanying development plan must give the permitted use of adjacent
5 parcels and the total square footage of all pavement on -site. Stormwater basins shall be designated
6 as either wet or dry. A plant schedule shall be provided showing the botanical name, size, spacing and
7 number of all required plant materials. Architectural symbols depicting trees to be installed shall not
8 exceed the scale equiva lent of five feet in diameter with a solid line; a hatched line around the solid
9 line sha ll show the expected canopy dimension after 20 years as identified in the South Miami tree
10 list. Any native tree or shrub may be substituted for the identified plant with city staff approval,
11 provided that the tree or shrub is adaptable to the amount of sun/shade. wet/dry and size conditions
12 where it will be planted. Changing tree species sha ll not diminish the total number of high quality
13 shade trees in their required locations. Plant material shown in addition to the required elements of
14 the land scape plan may be labeled as optional and shall not be subject to inspection.
15 (2) Design principles and standards. All landscaped areas required by this article shall conform to the
16 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 shou ld 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, especia lly to promote the
continuity of on-site and off-site open space and greenway systems, and to enhance
environmental features.
d. The select ion and placement of lands cap in g materials should maximize the conservation of
energy through shading of buildings, streets, pedestrian ways, bikeways and parking areas.
Where possible, shade trees shou ld be planted along internal sidewa lk s 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.
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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
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 plants to be installed
using "landscape legend" code format as I3rescri~ed ~y tRe MiaFRi Dade COI::IRW Director of tRe
Del3artFReRt of PlanniRg, Develol3FReRt aRd Regl:llatioR, 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 I3rescri~ed ~y tRe
Director of tRe Del3artFReRt of PlaRRing, Develol3FReRt aRd Regl:llation;
xiii. ritfcal layout dimensions for trees, plant beds and landscape features;
~~=::.l;;;.;:..w.:.:.:i_th o d(s) to protect and relocate trees and native plant communities
xv. FII!!:':':'::==.l=..l\l' lanting details and specifications;
xvi. ~~~~i rrigati on plans, as may be required by the zoning district;
xvii. ~~~=-y rrigat ion details and specifications, as required above; and,
xviii !fl!jm.g!.t..iUll~'·ota rized "Preparer's Certification of landscape Compliance" at time
of final inspection;
10
xix.~
2
3 (~(1) Vegetation Survey.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(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:
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.
26 (~2Urrigation Plans. Irrigation plans shall be submitted, whenever a landscape plan is required .
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
(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.
45 .L f9t_Landscape Requirements CeI;lRty. The following standards shall be considered the minimum
46 requirements unless otherwise indicated:
47
11
(1) Lawn area (turf).
2
3 (a) For all residential and mixed uses, lawn area shall be limited to a maximum of sixty (60)
4 percent of the required landscaped open space, as required in Section 20-3.5. In residential zoning
5 districts where landscaped open space is not specified, lawn area shall be restricted to a maximum of
6 fifty (50) percent of the net lot area.
7 (b) For all office, commercial, and industrial uses, lawn area shall be limited to a maximum of
8 twenty (20) percent of the required landscaped open space, as required in Section 20-3.5. Where
9 landscape open space is not specified, lawn area shall be restricted to a maximum of twenty (20)
10 percent of the net lot area less the area covered by buildings. Very drought tolerant grasses and low
1 ) growing native plant species, including grasses and forbs, as referenced in the Landscape Manual, may
12 be used as groundcover beyond the maximum permitted grass area.
13 (c) Grass areas shall be planted in species well adopted to localized growing conditions in
14 Miami-Dade County. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded, except
15 that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid
J 6 sold or grass seed is used, over-seeding shall be sown for immediate effect and protection until
17 coverage is otherwise achieved.
J 8 (d) Exclusions from maximum permitted lawn areas:
19 i. Stabilized grass areas used for parking;
20 ii. Grassed areas designated on landscape plans and actively used for sports, playgrounds or
21 picnic areas;
22 iii. Grassed areas in the right-of-way; and,
23 iv. Stormwater retention/detention areas planted in grasses which are very drought tolerant,
24 as referenced in the Landscape Manual, as well as tolerant to wet soils.
25
26 (2) Irrigation. An irrigation system, or a readily available water supp ly within a distance of 100 feet.
27 shall be supplie d for all land scaped areas. An automatic irrigation system shall be provided for
28 development, if the total area of impervious surfaces devoted to vehicular use areas exceeds 10,000
29 square feet. Such irrigation shall promote water conservation by such methods as drip irrigation
30 and/or efficient sprinkler zoning , as well as reducing the amount of irrigation as plants become
3 1 established. Each required tree shall be served by a drip ring or bubblers or other appropriate means
32 necessary to ensure that the entire rootball is irrigated. The irrigation system shall be designed and
33 located to minimize the watering of impervious surfaces. Successful establishment of trees should
34 occur within one year. After that time, use of the automatic irrigation system may be di scontinued.
35 All required trees that die sha ll be replaced in t he same manner and as required for mitigation of trees
36 that are removed, and replanted trees shall be irrigated for at least one year.
37
38
39 (a) All newly-planted and relocated plant material shall be watered by temporary or
40 permanent irrigation systems until such time as they are established.
4 1 (b) Irrigation shall be prohibited within native plant communities and natural forest
42 communities, except for temporary systems needed to establish newly planted material. Temporary
43 irrigation systems shall be disconnected immediately after the establishment of plant communities.
44 (c) Irrigation systems shall be designed to conserve water by allowing differential operation
45 schedules based on hydrozone.
46 (d) Irrigation systems shall be designed, operated, and maintained to not overthrow or
41 overflow on-to impervious surfaces.
12
(e) Low trajectory spray heads, and/or low volume water distributing or application devices,
2 shall be used. Overhead irrigation systems shall only be permitted in bonafide agricultural activity
3 areas.
4 (f) Gray water shall Be I::lsed where approved systems are availaBle.
5 ffillil During dry periods, irrigation application rates of between one (1) and one and one-half (1
6 ~) inches per week are recommended for turf areas.
7 fRli&l A moisture or rain sensor device shall be required on all irrigation systems equipped with
8 automatic controls.
9 fij ill Irrigation systems shall be timed to operate only during hours and on days permitted in
10 Chapter 32, Code of Miami Dade County.
11 ill ill If an irrigation system is not provided, a hose bib shall be provided within seventy-five (75)
12 feet of any landscape area.
13
14 (3) Shading Requirements for Structures and A/C Units. Trees shall be planted to provide shade to
15 residential structures that are thirty-five (35) feet in height or less. At least two required lot trees shall
16 be positioned in the energy conservation zone as defined herein. All exterior air conditioning units,
17 except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs, as
18 referenced in the Landscape Manual.
19
20 ~11l Site Trees. Tree removal permits or natural forest community vegetation removal permits
21 are required prior to removal of trees, specimen trees, or any vegetation in a natural forest
22 community, respectively, pursuant to § 20 4.5(101) (6) 20-4.5.1.
23
24 (a) Tree size: All trees, except street trees, and trees located beneath power lines shall be a
25 minimum of ten (10) feet high and have a minimum caliper of two (2) inches at time of planting except
26 that thirty (30) percent of the tree requirement may be met by native species with a minimum height
27 of eight (8) feet and a minimum caliper of one and one-half (1~) inches at time of planting.
28 (b) Minimum number of trees: The minimum number of trees required under5ection 20-4.5
29 for landscape plan submittals shall be as follows:
30 TAB LE A
Zoning Districts (and proposed districts) No. of Trees Required per Net Acre or Lot
RS-1, RS-2 9 trees per acre of net lot area
RS-3, RS-4. RS-5 3 per lot
RT-6, RT-9, RM-18, RM-24, ~ LO, MO 28 trees per acre of net lot area
NR, SR, GR, PI, H, Mi*ed Yse, TODD, ~ 22 trees per acre of net lot area
I (IRteRsi·.<e Industrial) 15 trees per net acre of lot area
31
32 (c) Existing trees on site required to be preserved by law and that meet the size requirements
33 in (a) above may be counted toward fulfilling the minimum tree requirements.
34
35 '(d) In addition to the number of trees indicated in Table A, additional trees (street trees) may
36 be required as provided in the previous sub-section, entitled Street Trees .
37
13
(e) Grassed areas to be used for organized sports as football, soccer or other similar sports or
2 playgrounds, that are clearly identified on landscape plans shall not be counted toward calculating
3 tree requirements.
4
5 (f) Palms of a teA (10) foot miAiml::lm overalll=leigl=lt or miAiml::lm calil3er of tl=lree (3) iAcl=les at
6 time of I3laAting sl=la" COl::lnt as a reEll::lired tree on tl=le basis of t .... ·o (2) l3alms l3er tree, e~(Cel3t as
7 I3rovided I=lerein for l3alms l::lsed as street trees. No more tl=lan tl=lirt'{ (30) l3ercent of tl=le miRiml::lm tree
8 reEll::liremeRts may be met by l3alms.
9
10 fm1fl Prohibited and controlled tfee 2.@..!:lLspecies shall not be counted toward fulfilling the
11 minimum tree requirements. Property owners shall be encouraged to remove prohibited and
12 controlled plant species. Prohibited and controlled-tfee5 plant species shall be removed from the_site
l3 property before a permit for construction (other than for renovations of 50 percent or less of an
14 ex ist in g structure) is issued, and If issued, no work shall be permitted until all prohibited and
15 controlled plant species are removed from the site.
16
17
18
W1&l Thirty (30) Fifty (SO) percent of the required trees and/or palms shall be native species.
19 fijfhl In order to prevent adverse environmental impacts to existing native plant communities,
20 effiv existing Sabal Palmettos (Cabbage Palms) sRaU may be used to satisfy minimum tree and native
21 plant requirements, except that Cabbage Palms which are rescued from government approved donor
22 sites, transplanted within the site, or commercially grown from seed shall be counted towards the
23 minimum tree and native plant requirements.
24
25 ffiill Consideration shall be given to the selection of trees, plants and planting site to avoid
26 serious problems such as clogged sewers, cracked sidewalks, and power service interruptions.
27
28
29
Shrubs and Hedges minimum standards for size, number and variety.
30 (a) Shrubs shall be provided at a ratio of ten (10) per required tree, however the City may
31 determine that based on the cumulative landscaping on site, the ratio of ten (10) per required tree
32 may be reduced to no less t han five (5) per re quired tree. A" shrubs shall be minimum of eighteen
33 (18) inches in height when measured immediately after planting.
34
35 (b) When used as a visual screen, buffer, or hedge, shrubs shall be planted, as required under
36 §20-4.5~ ill and §20-4.5~i§l, at a maximum spacing of thirty (30) inches on-center, or if planted at
37 a minimum height of thirty-six (36) inches, shall have a maximum, average spacing of forty-eight (48)
38 inches on-center and shall be maintained so as to form a continuous, unbroken, and solid visual
39 screen within a maximum of one year after time of planting.
40
41
42
43
44
(c)
(d)
Shrubs and hedges shall not be necessarily of the same species.
Thirty (30) percent of shrubs and hedges shall be native species.
45 f7tllil Vines minimum standards for size and uses. Vines shall be a minimum of twelve (12)
46 inches in length immediately after planting and may be used in conjunction with fences, screens, or
47 walls to meet physical barrier requirements as specified. Planting of perimeter walls with vines is
48 recommended as a deterrent to painting of graffiti.
14
2 fBtlZl Ground Covers minimum standards survival and hedge replacement. Ground cover plants
3 used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished
4 appearance and reasonable complete coverage within one (1) year after planting.
5
6 Mulch minimum standards for depth and required use .
7
8 (a) Weed-free mulch shall be applied and maintained in a minimum three (3) inch layer under
9 and around all trees and shrubs, and in a minimum two (2) inch layer under and around all ground
10 cover.
II
12
13
14
15
16
17
(b)
(c)
The use of mulch shall be restricted to planting areas.
Cypress mulch shall not be used because its harvest degrades cypress wetlands.
Buffers Between Dissimilar Land Uses additional requirements.
18 (a) Additional Requirement for Six-Foot Screening: Where dissimilar land uses exist on
19 adjacent properties, and where such areas will not be entirely visually screened by an intervening
20 building or structure from abutting property, that portion of such area not so screened shall be
21 provided with a buffer consisting of a six (6) foot wall or fence with a life expectancy of at least ten
22 (10) years, or shrubs which normally grow to a minimum height of six (6) feet.
23
24 (b) Increased Standards for Hedge Size/Spacing: Where chain link fencing is permitted, shrubs
25 shall also be required. Shrubs used as a buffer shall be a minimum of thirty (30) inches in height at
26 time of planting, and shall be planted at a maximum spacing of thirty-six (36) inches on center, or a
27 minimum of thirty-six (36) inches in height at time of planting and planted at a maximum average
28 spacing of forty-eight (48) inches on center. Said buffer shall form a continuous screen between the
29 dissimilar land uses within one (1) year after planting.
30
31 (c) Additional Trees Required in Buffers: Buffers screening dissimilar uses shall include trees
32 planted at a maximum spacing of thirty-five (35) feet on center within a minimum five (5) foot
33 landscaped strip.
34
35 fll·Hl0) Parking Lot Buffers. All parking lots adjacent to rights-of-way or private streets shall be
36 screened by a continuous planting and/or three (3) foot high wall with a seven (7) foot landscaped
37 strip incorporating said planting and/or wall on private property. Planting material at time of planting
38 shall be either a minimum height of eighteen (18) inches, with a maximum average spacing of thirty
39 (30) inches on center or a minimum height of thirty-six (36) inches with a maximum average spacing of
40 forty-eight (48) inches on center.
41
42 fH}illl
43
Landscaped Areas in Parking Lots to exceed open space requirements.
44 (a) Ten (10) square feet of landscaped area per parking space shall be provided within a
45 parking lot. In order to maximize the distribution of shade, trees shall be planted throughout the
46 interior of the parking lot at a minimum density of one tree per eighty (80) square feet of landscaped
47 area, exclusive of parking lot buffers. Planting areas for each tree shall have a minimum width of five
15
(5) feet, exclusive of the curb dimension, and shall be planted or covered with other landscape
2 materials.
3
4 (b) This requirement is in addition to applicable required open space. Planting areas shall be a
5 minimum of twenty-five (25) square feet.
6
7
8
Plant Quality minimum standards.
9 (a) All plants installed shall conform to, or exceed, the minimum standards for Florida
10 Number One as provided in the most current edition of "Grades and Standards for Nursery Plants, Part
11 I and "," prepared by the State of Florida Department of Agriculture and Consumer Services.
12
13 (b) Trees installed pursuant to this section shall have one primary vertical trunk and
14 secondary branches free of included bark up to a height of six (6) feet above natural grade.
15
16 f14H.lil Prohibitions.
17
18 (a) Prohibited Plant Species shall not be planted and shall be removed from any site which is
19 subject to the requirements of this ordinance.
20
21 (b) Controlled Plant Species listed in the Miami-Dade County Landscape Manual on the
22 effective date of this ordinance shall not be planted within 500 feet of a Natl::lral Forest COFRFRl::lnit~' or
23 native I:Iaeitats as defined I:Ierein. native plant communitie,s as defined pursuant to Section 18 -3, Code
24 of Miami-Dade County, Florida as may be amended or replaced from time to time. Additionally, the
25 following exotic pest plant and nuisance species, with scientific nomenclature as set forth in
26 Wunderlin, Richard P. and Hansen, Bruce F., Guide to the Vascular Plants of Florida, 2nd Ed. University
27 of Florida Press, Gainesville, FL. (2003), may not be sold, propagated or planted anywhere in Miami -
28 Dade County . If present on a development or redevelopment site, such plants shall be removed prior
29 to development or redevelopment, and their sale, propagation, planting, importation or
30 transportation shall be prohibited. Pursuant to this subsection and in accordance with Chapter 19 of
31 the Code of Miami -Dade County, Florida, developed sites shall be maintained to prevent the growth
32 or accumulation of prohibited plant species including grass, weeds and non -native undergrowth .
33
34 (c) West Indian Mahogany (swietenia mahagoni) shall not be planted within five hundred
35 (500) feet of a rockland hammock or pine rockland.
36
37 (d) Tree Abuse is prohibited. _Abused trees shall not be counted toward fulfilling the
38 minimum tree requirements.
39
40
41
Pruning Trees shall be pruned in the following manner:
42 (a) All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made as
43 close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a
44 protruding stub.
45
46 (b) Removal of dead wood, crossing branches, weak or insignificant branches, and suckers
47 shall be accomplished simultaneously with any reduction in crown.
48
16
(c) Cutting of lateral branches that results in the removal of more than one-third of all
2 branches on one side of a tree shall only be allowed if required for hazard reduction or clearance
3 pruning.
4
5 (d) Lifting of branches or tree thinning shall be designed to distribute over half of the tree
6 mass in the lower two-thirds (2/3) of the tree.
7
8 (e) No more tl=tan one tl:lirs (1/3) twenty five percent (23%) of a tree's living canop'; shall Be
9 removes witl:lin a one (1) year ~erios. Trees shall be pruned in the following manner:
10
11
12
13
14
15
16
(i) Cutting of lateral branches that results in the removal of more than one third (1/3) of all
branches on one (1) side of a tree shall only be allowed if required for hazard reduction or
clearance pruning.
(ii) No more than one-third (1/3) of a tree's living canopy shall be removed within a one (1)
year period.
17 (f) Trees shall be pruned according to current ANSI A300 Standards and the Miami Dade
18 County landscape Manual.
19
20
21
22
Stormwater Retention/Detention Areas.
(a) Stormwater retention/detention areas shall be designed to maximize the perimeter
23 dimension, where feasible.
24
25 (b) Stormwater retention/detention areas shall be planted throughout with native
26 herbaceous facultative plants, with the following exceptions:
27
28 i. In areas that are designated and actively used for play and/or picnic areas,
29 overflow parking, or sports shall be planted with grasses which are very drought tolerant, as
30 referenced in the landscape Manual, as well as tolerant to wet soils.
31 ii. In areas where the minimum required stormwater retention capacity would be
32 adversely affected.
33
34 (c) The minimum required number of native herbaceous facultative plants shall be one plant
35 per square foot of retention/detention area, including the slope. Minimum required herbaceous plant
36 container size shall be one and one-half (1 Yl) inches, commonly referred to as a liner. Sprigging,
37 seeding, plugging, hydro-mulching or sodding with native herbaceous facultative plants grown from
38 local seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner
39 as to present a finished appearance and reasonably complete coverage within one (1) year after
40 planting.
41
42 (d) Native facultative trees or shrubs may be used in lieu of native herbaceous facultative
43 plants, provided that the minimum required stormwater retention capacity is not adversely affected.
44
45
46 G. ~Landscape Requirements City Standards for Parking Lot Areas. All vehicular use areas, except those
47 which are located within or beneath structures and those serving single-family or two-family residential
17
uses, shall conform to the minimum landscaping requirements of this sub-section. _To ensure that
2 required landscaping in vehicular use areas is used to its greatest potential in relieving the monotony of
3 and insuring circulation safety within such areas, the following standards are set forth:
4
5 (1) Interior Improvements.
6
7 (a) When the interior of any vehicular use area is designed for purposes other than off-street
8 parking, such as a service station, drive-in banking or drive-through retailing, an area or combination
9 of areas equal to not less than ten (10) per cent of the total vehicular use area, exclusive of perimeter
10 landscape buffers, shall be devoted to interior landscaping.
11
12 (b) When the interior of any vehicular use area is designed for off-street parking purposes,
13 the following landscaping elements shall be required in lieu of percentage requirements:
14
15 i. Curbed terminal islands shall be located at both ends of rows of contiguous spaces. Such
16 islands shall be not less than five (5) feet in width and extend the entire length of the spaces. _Each
17 terminal island shall have at least one (1) tree for every ninety (90) square feet of area, or portion thereof,
18 and be covered with grass or ground cover as needed to meet requirements under § 20-4.5~!£1.
19 ii. Curbed interior islands, which measure not less than five (5) feet in width and extend the
20 entire length of the parking space, shall be located within rows of contiguous spaces. Jhere shall be at
21 least one (1) interior island for every eight (8) spaces within each row. Jnterior islands shall be placed at
22 intervals of not less than six (6) nor more than ten (10) spaces, but shall not be required in rows containing
23 six (6) contiguous spaces or less. _Each interior island shall have at least one (1) tree for every ninety (90)
24 square feet of area, or portion thereof, and be landscaped with grass or ground cover as needed to meet
25 requirements under § 20-4.5~l£l
26 III. Interior islands need not be placed directly opposite each other when in abutting parking
27 rows. _Any design arrangement which relieves monotony or increases tree coverage of the vehicular use
28 area is permissible.
29
30 (2) Triangles of Visibility.
31
32 (a) All landscaping within required Triangles of Visibility, as defined in § 20-3.6(G), shall
33 provide unobstructed cross-visibility at a height of between three (3) and six (6) feet.
34
35 (b) Trees having over six (6) feet of clear trunk, with limbs and foliage trimmed in such a
36 manner as not to extend into Triangles of Visibility, shall be permitted in said areas, provided that they
37 in no way create a traffic hazard.
38
39 (c} No landscal3ing eleFflents, e)(cel3t fer grass or gFOl:lnd cover, shall I:le located within three
40 (3} feet of any 61€€essw6IY,
41
42 (3) Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas.
43
44 (a) Landscaped areas shall be protected from the overhang of parked vehicles. _Where such
45 protection is necessary, reinforced concrete wheel stops or an approved continuous curbing of not
46 less than five (5) inches in height shall be installed to prevent such overhang.
47
18
(b) Concrete wheel stops shall be permanently anchored to the ground and located not less
2 than thirty (30) inches from landscaped areas.
3
4 (c) If the overhang area is left unpaved, it shall be landscaped according to this section and
5 the abutting required perimeter buffer or divider median may be four (4) feet in width.
6
7 .l::L f8Landscape Plans Review Criteria. Landscape plans shall be reviewed by the Planning Oivisien
8 Department in accordance with the following goals and objectives, and the guidelines and illustrations
9 provided in the Miami Dade County Landscape Manual [~~l;)lishedl;)'l Miami Oade Ce~nt'l, Flerida).
10
11 (1) Landscape design shall enhance architectural features, relate structure design to the site, visually
12 screen dissimilar uses and unsightly views, reduce noise impacts from major roadways and
13 incompatible uses, strengthen important vistas and reinforce neighboring site design and architecture.
14
15 (2) Existing specimen trees, native vegetation (including canopy, understory, and ground cover) and
16 Natural Forest Communities shall be preserved to the maximum extent possible, and pursuant to aU
17 the requirements of § 20 4.S(H) thre~gh (6) § 20-4.5.l.
18
19 (3) In order to conserve water, reduce maintenance, and promote plant health, plant species shall be
20 selected and installed based on their water needs, growth rate and size, and resource inputs. Plants
21 with similar water needs shall be grouped in hydrozones. _Adequate growth area, based on natural
22 mature shape and size shall be provided for all plant materials.
23
24 (4) The plan shall include the use of native plant species in order to reestablish an aesthetic regional
25 quality and take advantage of the unique diversity and adaptability of native species to the
26 environmental conditions of South Florida. _Where feasible, the re-establishment of native habitats
27 shall be incorporated into the landscape plan.
28
29 (5) Trees and shrubs shall be planted in the energy conservation zone where feasible, in order to
30 reduce energy consumption by shading buildings and shall be used to reduce heat island effects by
31 shading paved surfaces.
32
33 (6) Street trees shall be used to shade roadways and provide visual order. Where feasible, selected
34 species shall be used to establish a road h ierarchy by defining different road types.
35
36 (7) Special attention shall be given to the use of appropriate species located under or adjacent to
37 overhead power lines, near native plant communities, and near underground utility lines. _Adequate
38 growth area shall be provided for all plant materials.
39
40 (8) Landscaping shall be designed in such a way as to provide safe and unobstructed views at
41 intersections of roadways, driveways, recreational paths, and sidewalks in accordance with § 20-
42 3.6(G).
43
44 (9) Historic landscapes and landscape features designated by the local, State, or the Federal
45 government shall be preserved.
46
47 1. ~ Certificate of Compliance Required Adjustment to Requirements Permitted.
48
19
(1) A Preparer's Certification of Landscape Compliance bearing the original letterhead of the
2 designing firm and licensing number shall be submitted to and approved by the Planning Division
3 Department, prior to issuance of any final Certificate of Occupancy, Certificate of Use and Occupancy
4 or Certificate of Completion. The Preparer's Certification of Landscape Compliance shall contain a
5 statement, signed and sealed by the landscape architect or by person(s) authorized to prepare plans
6 by Chapter 481, Florida Statutes, who prepared the approved plans, that the landscape and irrigation
7 plans have been implemented and that all requirements of Section 20-4.5 and 20-4.5.1 have been
8 met. Any changes or substitutions to the approved plan shall be approved by the original designing
9 firm prior to the implementation of said changes and substitutions. All changes or substitutions to the
lO approved plan shall be noted on all copies. Changes and substitutions of plant material shall be of
11 similar quality, quantity and size, as originally approved and shall be in compliance with the intent and
12 requirements of Section 20-4.5 and § 20-4.5.1.
13
14 (2) For a new single-family, duplex residence on its own lot or applicable existing development, the
15 owner or owner's agent may certify in writing that landscape and irrigation have been installed
16 according to approved plan(s).
17
18 (3) The Planning Division Department shall have the right to inspect all projects for compliance prior
19 to issuance of a Certificate of Occupancy, a Certificate of Use and Occupancy, or a Certificate of
20 Completion.
21
22 (4) Owners are responsible to ensure that landscaping required to be planted ffi pursuant to Section
23 20-4.5 and § 20.4.5.1, and all previous versions, now amended, is: (1) installed in compliance with the
24 landscape requirements; (2) maintained as to present a healthy, vigorous, and neat appearance free
25 from refuse and debris; and (3) sufficiently fertilized and watered to maintain the plant material in a
26 healthy condition . If the roots of a Ficus tree are shown to be invading the septic system or drain field
27 of a neighboring property or disturbing a structure, including a sidewalk or roadway, the roots Gf--tfee
28 shall be FemOyeEl 9F contained by an effective root barrier at the expense of the o"'mer of the 'lard
29 where the trunk is situatod, or, if the barrier fails to contain the roots, the tree shaH be remove d and all
30 such remedial action shall be at the expense of the owner of the property where the trunk of the tree is
31 located.
32
33
34 (5) If any tree or plant dies which is being used to satisfy current landscape code requirements, such
35 tree or plant shall be replaced with the same landscape material or an approved substitute within 60
36 days of a complaint.
37
38 (6) The Planning Division shall withhold approval of a final landscape inspection prior to issuance of
39 the final Certificate of Occupancy, Certificate of Use and Occupancy, or Certificate of Completion until
40 a Preparer's Certification of Landscape Compliance has been approved by the Division.
41
42 (7) The Environmental Review & Preservation Board [E.R.P.B.] may recommend 0 e
43 adjustment to the requirements of Sections 20-4.5 fGtill & (E), and § 20-4.5.1(Q); under
44 the following procedures:
45
46 (a) The E.R.P.B. on receipt of application for adjustment of landscaping requirements shall
47 have the authority and duty to consider and act upon such application. The application shall be filed
48 by the owner or tenant of the property concerned, or by authorized agents as evidenced by written
20
power of attorney, on forms prescribed by the Planning Department AASioo and accompanied by the
2 E.R.P.B. application fee.
3
4 (b) In the application, the applicant shall state clearly and in detail what adjustment of
5 landscaping requirements are being requested and the reasons such adjustments are warranted, and
6 shall accompany the application with supplementary data, such as sketches, surveys and statistical
7 information to substantiate the adjustment.
8
9 (c) The E.R.P.B. may approve, modify or deny the requested adjustment, but shall approve or
10 modify such request only if it determines that approval of any adjustment would not be contrary to
11 the public interest and would be in keeping with and would preserve the intent of Section 20-4.5, and
12 § 20-4.5.1
13
14 (d) Procedures regarding Board actions and appeals from the decisions of the E.R.P.B. shall
15 follow the regulations set forth in Section 20-6.~
16
17 SECTION 20-4.5.1 TREE PROTECTION
18
19 ill Intent and Purpose.
20
21 a) The intent of this section is to provide a mechanism to protect, preserve and restore the
22 tree canopy within the City of SOllth Miami by reglilating the remo'Jal, relocation and
23 trimming of trees. The benefits of trees to the City are many and incilide the follo'Ning:
24 i. Trees help combat the greenhollse effect by absorbing C02, a major SOllrce of
25 greenhollse gases 'Nhich contriblltes to global warming.
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ii.
iii .
v.
vi.
vii.
viii.
ix.
Trees clean the air by absorbing some poliliting gases and filter some particlilates Ollt
of the air by trapping them on their leaves and bark.
Trees provide oxygen as a prodllct of their growth .
Trees conserve energy and redllce the llrban heat island effect by helping to cool the
streets and the city by redllcing the direct sllnlight from heating pa'Jement and bllildings
and by evaporative cooling from transpiration of their leaves .
Trees save water by slowing evaporation rates from lawns .
Trees help prevent water polilition by redllcing rllnoff by allowing the water to flow
down the trllnk and into the earth below the tree, helping to prevent storm'Nater from
carrying polilitants to the ocean . On hillsides or slopes, trees slow rllnoff and hold soil
in place .
Trees add to the aesthetic of an area and as landmarks can give a neighborhood a
new identity and encollrage civic pride.
Trees provide a canopy and habitat for wildlife.
Trees increase property vailies.
x. Trees can increase bllsiness activity. Stlldies have shown that the more trees and
landscaping a bllsiness district has, the more bllsiness ' .... ill flo' .... in. A tree lined street
will also help slow traffic, in many instances, enollgh to allow the drivers to look at the
storefronts instead of passing by more qllickly.
b) The pllrpose of this section is to declare that the policy of the City of So lith Miami is to protect
and nllrtllre trees , encollrage the planting and preservation of trees, and aSSlire that the design
and constrllction of all development activity is execllted in a manner consistent with the
preservation of existing trees to the greatest extent possible, and to;
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i.
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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;
Maintain all trees in the city to be healthy and nonhazardous condition. t~rough
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 standarcls of the Miami
Dade County Department of Environmental Resource Man~gement (D.ERM);
Establish and revise as necessary standards for the planting and maintenance of trees so
as to improve the economic base of the city by impr~ing propert~ vallJes , to enhan?e th~
visual quality of the city and its neighborhoods and to Impro'/e public health by lesseRing air
pollution; . .
Minimize hazards and damage to streets and sidewalks and lessen plJblic rights of way
maintenance costs;
Provide for the designation and additional protection of historic and specimen trees;
Promote efficient and cost effective management of the urban forest throlJgh the
development of a comprehensive long range ~rba.n forest. master. p.lan; ~nd
Provide latitlJde in the interpretation and application of city administrative rlJles, standards
and glJidelines when reasonable and necessary to minimize the destrlJction of trees.
@ Authority to supervise, enforce, modify and supplement regulations .
a) Planning Department. It shall be the duty of the PI~nning a~d, Zonin~ Departme~t
(hereinafter referred to as "Department") to. coordinate 'Nlt~ the City ~ arborlst ~nd publiC
'Norks personnel to ensure compliance With the regulations contained her~1n and to
cooperate IJlith, and assist the code enforcement personnel in the proseclJtlon of any
violation of this section.
b) Code Enforcement Department. It shall be the duty of the code enforcement agency to
prosecute violations of the regulations contained her~in . ~he code en~rcement 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 ~un.d cu~ing or otherwise causing t~e
destruction of a tree without a permit, the South Miami Police Department shall reqUire
SlJch person or persons to cease such operations until the necessary permit is obtained.
d) City Commission. The City Commission 'Nill receive ~~d ~view al.1 ~commen~ations
referred to it by the Planning and Zoning board for modification of eXlstl~g regul~~lon~ or
the addition of supplementary regulations . Any decision to enact reglJlatlon. modlfl~atl~ns
or supplementary regulations shall remain within the sole and excllJ~l~e leglslatl\'e
jurisdiction of the City Commission . The City Commission sh~1I have th~ 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 aw~ements with the
owners of private property located w ithin the city for the purpose of acqUiring ~asements to
plant trees on such property and in consideration for .such agreement, t.he private property
O'Nner shall acquire Ql,vnership of slJch trees as the city may plant; .provlde?, however, that
any such agreement shall limit the dlJration of the easement to a time perlo~ ?f two years
and shall limit the property interest acquired by the city to that distance suff!clent to allow
the planting and initial ma intenance of trees , but in no case to ex~eed a ~axlmum of a 22
foot setback from the property line or right of way held by the city . PrOVided fu~he~, that
under such agreement the private property owner shall agree to subsequently maintain the
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trees planted thereon and shall also agree to hold the city harmless for any liability
attriblltable to the planting or presence of the trees on the pri'late property .
ffi Tree Removal Permit AppliGations, Requirements and Reoliew, fees.
a) Permit, When Re€lllired. A tree removal permit shall be re€lllired for the removal or
relocation of any tree within the City, lin less exempted by Section 2Q 4.5.1 (14)). A tree
removal permit shall also be re€lllired for the prllning or trimming of more than 25 percent of
the canopy of a tree. No person, agent or representative thereof, directly or indirectly, shall
Cllt down, remove, relocate, or effectively remove any tree on any property, withollt first
obtaining a tree removal permit as hereinafter provided. No bllilding permit for any 'Nork on
the sllbject site, incillding new constrllction, additions, carports, pools, decks, fences,
driveways, parking lots , tennis COllrts , demolition , or similar work , shall be isslled by the
BlIileing Department lInless the Planning Department has eeterminee that no tree removal
permit is re€llliree or that a valid tree removal permit has been issllee in accoreance with this
section.
b) Application Reqllirements. ,<\pplications shall be made on the form providee for
that pllrpose ane shall incillee a written statement ineicating the reasons for the removal or
relocation of each tree. The follO'. ... ing eocllmentation ane all applicable fees shall
accompany each applications.
i.
ii.
iii.
j"
for applications for tree removal in cOnjllnction with new constrllction , incillding
aeditions, pools , eri'/eways, parking spaces, sidewalks, recreational facilities, and
decks, a tree sliNey drawn to scale ieentifying the species and listing the height,
spreae and diameter of all existing trees shall be provided. Saie sliNey shall be
prepared, signed and sealed by a Professional Land SlINeyor, licensed in the State of
Florida .
For applications for tree removal in conjllnction with any other activity reqlliring a
bllileing permit, or for any other tree removal, a site plan prepared, signee and sealed
by a Professional Land SlINeyor, licensee in the State of Florida drawn to scale
identifying the species and listing the height, spread ane diameter of all existing trees
shall be provided. Said site plan may be limited to the immediate area of the proposed
work, and photographs of the existing trees within said area may be acceptable in liell
of tree identification regarding species, height, spread and diameter, provieed 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 Landscape Architect or Land
SliNeyor license, ,that is drawn to scale, and that prO'.'ides the nllmbering, identifying,
and listing all existing trees and specifying the condition of each tree and whether said
trees are to remain, to be removed andlor to be relocated. This plan shall also
ilillstrate the location of all existing strllctllres and/or all proposed new constrllction, as
applicable , the location of any overhead and/or lIndergrolind lItilities and the new
locations of existing trees to be relocated on site .
,<\ tree mitigation plan prepared in accordance with the tree mitigation Section of this
oreinance
ill REVIEW OF APPLICATION. Upon receipt of a completed application , the Planning
Department (hereinafter referred to as Department), and the City arborist, shall review said
application for compliance with the reglilations as set forth in this Section. Slich review shall
incilide a field inspection of the site ane referral of the application to other departments or agencies
as necessary. Within 15 calendar days of the receipt of a completed application, the Department
sflafl-i ssl:l&-afHnteAd ed d ec i s i oR-a p p ~enyin9 o,:...aWFQ.IJ.i-ng-v.'ith condi tion s sa iQ...ap~satiEm-:-
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@ NOTICE Within 24 hours of Gompletion of final permit revie",'*, of an application for a tree
removal permit, , the Department shall notify the applicant of the Department's intent to issue
the permit ("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 1 0 continuous calendar days
prior to final permit issuance. The notice must state the date of the notice and shall advise the
public that any objection must be made by filing an appeal with the City Clerk within 10
calendar days of the date of the notice in accordance with Section 1 a 27 of the City
Code(excluding the time for filing the appeal, which in this case is 10 days),
00 ISSUANCE OF PERMIT If no appeal is filed with the City Clerk, as stated in the posted
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 remo'lal permit 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 owner
shall be responsible for insuring that the tree removal permit is displayed until the city declares in
writing that the authoFizec:J....werk4s--Gompteted and the permit has beeA-hGnored withel:lt dama~
tree&.-
ill FEES Fees shall be as set forth in this ordinance or as established in the City's Fee
Schedule, the latter of which shall take precedence in the event of a conflict.. Applications from
government agencies for tree remo'lais solely in areas dedicated to public use may, at the
discretion of the City Commission, be exempted from application fees and permit fees.
00 FINAL INSPECTION No later than 18 months following the completion of the authorized
work, the applicant shall schedule a final inspection '/lith the City Arborist for verification of
compliance with authorized 'Nork including any required maintenance of the foliage.
fID CRITERIA FOR TREE REMOVAL, RELOCATION AND REPLACEMENT. Any or all of
the following conditions may be required:
(a) The applicant may be required to redesign the project to preserve specimen tree(s), or any
other tree determined by the City Manager and City Arborist to be of substantial 'Ialue due to
its species , size, age, form and/or historical significance, and to provide an alternate plan,
when feasible, 'Nhich shall include the preservation of said tree(s) and design any alterations
within the scope and intent of the initially proposed plan.
(b) VVhere practical, specimen trees, or any other tree determined by the City Manager and City
Arborist to be of substantial value due to its species, size, age, form and/or historical
significance, that is proposed for removal shall be relocated on or off site. The applicant shall
adhere to acceptable tree relocation specifications, in accordance v/ith ANSI Aaoo Standards .
(c) If it is impractical to relocate said tree(s) either on or off site because of age, type or size, the
applicant shall be required to replace all trees permitted to be remo'led in accordance with the
tree mitigation requirements in tree remollal Section of this ordinance .
(d) The City Manager and City Arborist may require that the applicant pro'/ide a written report
from a Certified Arborist before making any determinations in conjunction with this section.
The City Manager and City Arborist may also require monitoring by a Licensed Landscape
Architect or Certified Arborist during construction to assure tree preservation.
f1Q1 TREE MITIGATION. All tree mitigation required by this ordinance shall be accomplished in
accordance with the requirement set forth in the Miami Dade County Landscape Manual as well as
in compliance with the provisions of this Section.
(a) Pro hi bited S p ec ies.--Mffigatl~~r-tAe-remo\'al of any pro hib ited spec ies
except certain large canopy trees upon the determination of the City Manager or City Arborist
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based on the importance of the existing canopy, and no fees shall be charged for such
removal.
(b) Tree Quality . Trees installed as mitigation in accordance '.vith this section shall conform to, or
exceed, the minimum standards for Florida Number One as provided in the most current
edition of "Grades and Standards for Nl:Jrsery Plants, Part I and II," prepared by the Florida
Department of Agriculture and Consumer Services. Trees shall be planted according to sound
nursery practices as illustrated in the Landscape Manual.
(c) Off Site Mitigation. If the total number of trees required as mitigation cannot be reasonably
planted on the sl:Jbject property, the applicant may enter into agreement with the City, to plant
the excess nl:Jmber of replacement trees on pl:Jblic property within the City.
(d) Tree Trust Fund . If the total number of trees reql:Jired as mitigation cannot be reasonably
planted on the slJbject property, or at the City's direction, as an aiternati'/e to the off site
mitigation provided in the Tree removal Section of this ordinance., the applicant shall
contriblJte to the City's Tree Trust FlJnd the SlJm of $1000.00 for each 2" DBH reqlJired as
mitigation in accordance with the Tree removal Section of this ordinance.
f111 General Tree PFoteGtion
(a) Tree Protection dl:Jring ConstrlJction . Trees shall be protected dl:Jring constwction through
the use of protective barriers in accordance with the Landscape ManlJal. Trees that are to
remain on site , shall be clearly identified with tags. A protected area within the drip line of
the tree or I .... ithin a radius of 10 feet measlJred from the tree trunk, whichever is less, shall
be maintained arolJnd trees to remain in accordance with the Landscape ManlJal, unless
the city's certified arborist otherwise determines in writing that a smaller or larger protected
area is acceptable for each tree, or an alternative tree protection method is approved.
(+)--No oil , fill , equipment, bui~~teRals-eF-b\:l+lding debris shall be-placed within
the areas surrounded by pr-Gtectl~arFiers , nor shall there be disposal of any
waste-materials such as pai·Rts;--eils;--selvents, as¢lalt, concrete , mortar or any
Gtt-Ier:-mateFials harmful to trees or unGerstory plants within the areas surrolJnded
-by-pmteGtWe-9arriers .
fH-)-1=rees sha ll be braceQ-i.n-.s~sh-iOA as to not scar , penetrate, perforato-Gf
e#lefWise inflict dama~e~
(-i+i-)-NatlJral grade shall be maffit.ai-AeQ-w.itffin--l*otective barriers . In the event that the
n.atIM..al--gfade of the site is cl:la~s a rest:lU of site development, such that-tl:le
safety of the tree may be end a ngeree , tree wells or retaining ' .... alls may be
~fOG,.
~~v) Underground ut ility lines shall be pl.aced outside the areas surrouAdeG-ey
protecti'.'e barriers. If saitl-placement is no possible , disturbance sl:lal~e
minimized by using techRiquos slJ c h as tunno~
(..lJj-F-eRces and 'Nalls shaU-G e-co AStFucted to avoid disturbance to a ny protectee-tree:.
Post holes and trenches lo c.atee-G lo se to trees shall be d ug by hand an~usted
as necessary , u s+~c hniques such as discontinuous footin gs, to avoid-d.arnage
to-major roots .
(b) DlJring domolition andlor development, incllJding installation of irrigation systems or any
other lJndergrolJnd installations, protective barriers shall be placed arolJnd each tree and
shall remain in order to prevent the destrlJction or damaging of roots, stems or crolJlAS of
such trees . Tl:le barriers shall remain in place and intact until such time as approved
landscape operations begin; hO'Never, barriers may be removed, subsequent to ' .... ritten
permission from the City after an onsite inspection, temporarily to accommodate
constmction needs, provided that the manner and purpose for slJch temporary removal will
not harm the trees. The trees shall be properly irrigated throughout tl:le blJilding process .
Persons who calJse trees damaged dlJring construction sl:lall be slJbject to the penalties set
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forth in the provisions of Section 20 4.5.1 (13)(Understory plants within protective barriers
shall be protected.
(c) Tree Prl:lninglTrimming. The prl:lning or trimming of any tree shall be in accordance with
gl:lidelines in the Landscape Manl:lal. No more than 25 percent of a tree's living canopy
shall be removed within a one year period. The practice kno,,\'n as "Hat racking" is not
permitted and shall be considered a violation of this section. Any other tree abl:lse, or
activity that can effectively destroy a tree, shall also be considered a violation of this
section. 1>, violation of this section of the code shall be mitigated in accordance with this
ordinance.
£:1l1 EnforGement
(a) enforcement.
(b) Tree Viability After Project Completion. If the City determines that any tree is not 'liable,
alive, and growing, one year after all associated development activity on the property is
completed, the City shall reql:lire that said tree be replaced 'JJith the same tree species and
size which was originally planted or relocated, as per the appro'led tree removal permit.
f1:ID: Penalties, Remedies Cumulative
(a) Fine . Any persoA,--G r-agent thereof, who removes a tree 'IMRGl:It a tree removal permit
sAall pay a fine-ef~Q-p~olation , , pll:ls mitigatiOA-il=l-the form of replacement trees
or an amol:lnt w4icR-wel*lG--Rave been reql:lired into the Tree T rl:lst Fl:Ind . Each tree
FemOVeQ-.-w.i#lout a tree remo'lal permit shaU-censtiMe a separate and distinct
viGlati~bje c t to a separate fine and mitigatiM. If the violator fails to tim~
complete the reql:J.irements of tAis ordinanse-for-tree mitigation ("Tree Mitigation
Violation "};--the--i+'Htiai-Une shall be re assessed foF-each day thereafter ung! the
mitigation is completed , as determined by the City ManageF;--lhe fines shall increase
to $500 per day for aA-y repeated Tree Mitigation Violations. All of the fines provided
for in this ord-i~ce may be increased or decreased by and as set forth in the City's
Fee Sch ed u 1e-Gfd.i.RanG&.-
(b) Tree Mitigation Required. In addition to the monetary fine established above, the
planting of replacement trees shall be required. If the total nl:lmber of trees required as
mitigation cannot be reasonably planted on the subject property, the applicant shall
contribl:lte into the City's Tree Trust Fund in an amount based upon the chart beIO'.\'.
Mitigation that is required by this ordinance shall be completed within sixty (60) days
after the violator has received a citation.
(c) Jl:Irisdiction . The City shall have jbIFisdiction 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 constitl:lte a
separate and distinct violation and shall be the sl:lbject 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 remo'led. This chart and/or the values in the chart may be amended by
the City's Fee Schedl:lle from time to time.
Diameter af
+rae
rema ... ed
26
Diameter
4!-'-t»I8
In lieu af
Replasement
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~ 2 Of' 4-Of' $-t-;OOQ
~ 4 Of' 2 Of' $2;OOQ
~ 8 Of' 4 Of' $4;OOQ
13" 18" 4-2 Of' 6 Of' $6,QOO
19" 24" 4-6 Of' 8 Of' $8,000
28" 3g" 2Q Of' 4-Q Of' ~
31" 36" 24 Of' 4-2 Of' $-1-2;OOQ
37" 42" 28 Of' 4-4 Of' $-14;000
43" 48" 32 Of' 4-6 Of' m;OOO
49" ElF gFElatElF 4Q Of' 2Q Of' $2MOO
The abO\,le forml:Jla approximates the follo' .... ing example:
For e'lery 500 Sql:Jare feet of canopy removed, a hardwood tree replacement of at least 12
ft tall ' .... Ol:Jld be reql:Jired . For instance, if 2,300 sq ft of tree canopy were removed, the
replacement reqblirement wOblld be fol:Jr 12 foot tall trees and one 8 foot tall tree or at the
mffHmYm-level-of-..fiRaRGiaI contribbliion , at $500 .00 or $1 .05 per square foot of caneff,
which ever is greater. This example ' .... oblld reql:Jire a miniml:Jm of $2,500.00.
(d) 4repaFat»e-er--JoFr.evefSi-ble--Violations . In the event the Code Enforsemeflt Special
Master finds the removal of any tree withol:Jt the reql:Jired permit to be irrepa raGle--Gf
irreversible in nature , it may Impose a fine not less than $2 ,000 and not to exceeQ-filJe
thol:Jsand ($5 ,000) dollaFs--f>er violation , plbls mitigation as reql:Jired in this chapter:----4l
determining the amOl:Jnt of the fine In excess of $2 ,000 , the SpeCial Master shall consiser,
iR-accordance with Section 162.09 , F-Iorida Statl:Jes , as amended, the following factors :
(i) The gravity of the violation;
(ii) Any actions taken by the violator to correct the violations; and
(iii) Any previol:Js violations committed by the violator.
(e) Withholding of a New Bblilding Permit. The remo'/al of any tree in violation of this
section shall constitblte grol:Jnds for withholding nevI bl:Jilding permits for the sl:Jbject
property l:Jntil the violation has been corrected, incll:Jding the payment of all fines and
the planting of all trees reqblired as mitigation, pl:Jrsl:Jant to this section has occl:Jrred to
the satisfaction of the city. Alternatively, in order to obtain the new bl:Jilding permit, the
person in violation may post a payment and performance bond pl:Jrsl:Jant to 255.05 of
the Florida Statues naming the City of South Miami as Obligee. The bond shall be in
the amount of ten persent of the constrblction cost or ten persent of the appraised
value of the property, whichever is greater. The bond will be maintained in place l:Jntii
the violation has been corrected, pblrsuant 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 ha'/e been corrected, inclblding the payment
of all fines and the planting of all trees required as mitigation , pursuant to this section.
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(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 '.'lith this ordinance, paid all
fines incurred and complied '.'lith 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
otRer,.
(i) Costs aRG~es . [n the event the City4A&titl:f.tes-any civil aGtiGA--to enforce the terms of
th-is-sectioR in a court of competent jUAsQfstion , the City shall be entitled to reemler the
fines imposee pursuant to the '1iolatiGn(s), the cost of trees required as-mitigatiGA,--the
cost&-aSSGGiated with the investigation-aAG--prosecution , inGlusi-ve-of a reasonable
attomefs-fee-for prosecuting attOfney, together with any eqtl4taG1e and legal remedies
GeerneG..feasonable and pro~.J:le court
ExemptioRS. The following are exempt from the provisions of this section:
(a) Any tree growing in a botanical garden or a licensed plant or tree nursery business.
(b) When the City Manager determines in writing that tree removal permitting
requirements will hamper private or public work to restore order to the City after a declared
state of emergency by the City Commission .
(c) The removal of any tree during or follo'Ning 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 follo'.'ling nuisance tree species:
---~S ·~EE<:!>-S-----------,<C .... O:ffiMMON NAME
AcaGfa awicblliformis Earleaf P.cacia
AJhizzia !ebbeck 'l'loman's Tongue
Aral:lcaFia f:leteropf:lylla Norfolk Island Pine
Ardisia e!/iptica Shoe button Ardisia
Bambl:lsa sfJfJ. Tree Bamboo
Bal:lf:liRia 'laFiegata Orchid Tree
Bischofia javaRiGal~--------eB-ISis;Gcflh09flfia
Brassaia actiRepf:lylla Schefflera
~C~a~su~la~r.~m~ca~s~p~p~-----------~.~~aus&Htr~4~
C/:/fJaRiepsis aRacardiocies Carrotwood
ERterolobil:lm cycIocarpl:lm Ear Tree
Ef:JcaJypws SfJfJ Eucalyptus
FicI:Is beRjamiRa INeepiRg Fig"
Grovillea robl:lsta Silk Oak
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------~Hw~~~s--------------~M~e
Lel:JGaeRa Iel:JGoG8f:JRala bead Tree
Mela/el:JGa ql:JiRql:JeRervia Melalel:Jca
Metopil:Jm toxiferl:Jm Poison VVood
Psifiil:Jm ql:Jaja vaIIi#ora!e
PlyGROSfJer:ma elegaRs Solitaire Palm
RiSiRl:JS somml:JRio Castoreean
S8{Jil:Jm sebiferl:Jm Chinese Tallo'll Tree
SGhiRl:JS terebiRthifo#l:Js Brazilian Pepper
Syzygium GUmiRi Java PIl:Jm
TermiRalia Gattapa Tropical Almond
TheSfJesia fJOfJl:Jmea Mahoe
Nothing in this section shall ee constrl:Jed to prevent the proper prl:Jning or trimming of trees
I .... here necessary for proper landscape maintenance and safety, provided that no more
than 25 percent of the crown or foliage is remo'/ed.
f1ID: Street trees.
fa) Size and spacing . Street trees--shall-9e-Gf.-a--specfe&.t.y.piGal~~.n4n-Miami..Qa€ie
Cel:lAty-which normally matUf9-l:e-a-R&ight of at least ~Nenty (20) feet. Street trees shall
have a clear trunk of fol:Jr (4) feet , aA--e¥erall height of twelve (12) feet and a miRiffil:lffi
saliper of t:Wo-f21-inches at time of planting , and shall Ge-p-ro-lJi€leG-aI~1I roadways at a
maximum average spac~f..thirty (30) feet on center, except as-etAefWi.s9--f*GlJ~ded in this
GRapteF. Street trees are not reEtl:l·if9€l-when a colonnade-GpeA to the pl:Jelic is located
with-ifHGuF (4) feet of the ed§e-4the-fOadway. Street trees ~e-pJaGed within the swale
area-Gr shall be placed on pFivat~~erty Ylhere demonstrated-t-o-ge-Aecessal)' dl:Je to
Fig:Rt-9f .... ...,ay oestructions as deterf:ffined ey the Pl:Jelic 'Norks Departrnen.t or the appropriate
au-tho~ality . The City may reql:l+~t-Gamers as per City Fl:Jles .
(b) The maximl:Jm average spacifl~-of-thirty (30) ft fGF-FfltIl.tf~+n~le family units shall be
9ased on the-totallineal foot-3ge of road'Nay for entire projects and not-based on individl:Jal
lGt-wid#l&.-
(4--Power lines. V'Ihefe-t.l:le-Aeight and location of o'ler-Aea~wer lines require the
planting of IO'N ... §fOwi~es,street trees shall have a minimum height of eight (8) feet, a
minimum caliper of one-and one half (1 %) inches-at-t-ime of planting, and shall meet the
~u+remems;.
i. Single trunk trees-Gle-aF-Gf-.la.t-9fal--bfanches to f-GUr-(41-feet and/or multi trunk trees OF
tree/shrubs, as referenceG-in the bandscape-M-aflUa~eared of foliage to a height of
four (4) feet.
ii. A maximuffi-3Verage spacing of twenty twe (25) feet on center.
/.ii--Matufing to a hei~ht-and spread not encroach·~thin fi ... e (5) feet of overhead
power distoo~j.ne&.-
i .... Under high volta§e-f§Gk-V-and above) transmission-li-nes4nst-aUed-iMependent of
un.demuilt distributig.n....jffies,tree-hej~nd spread sh-a~-Flot exceed th-o-m+n~
appr-oach-d-istances specified in the CUffeRt ANSI (AmeriGan.--N-atiGnaJ...St~eaF€ls
J.n.stitl:l-te) Z133 .1 Standards, as FeferenGed-in the Landscape-Man-l:Iah-
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54 A.
(d) Palms. Palms whioh meet all of the following requirements shall count as a required
street tree on the basis of one (1) palm per tree .
i. Minimum oanopy of fifteen (15) feet at maturity.
ii. Pro ... ided at an a'Jerage maximum spaoing of twenty fi ... e feet (25) feet on oenter.
iii. Fourteen (14) foot minimum o ... erall height or minimum oaliper of four (4) inohes
at time of planting.
i.... It is provided however that queen palms (Syagr:us romsRzoffisRS) shall not be
allowed as street trees. No more than thirty (30) percent of the minimum tree
requirements may be met by palms.
(e) Fourty (40) percent of the required trees and/or palms shall be nati ... e speoies.
(f) In order to prevent adverse environmental impaots to existing native plant
oommunities, only existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy
minimum tree and native plant requirements, exoept that Cabbage Palms whioh are
resoued from government approved donor sites, transplanted within the site, or
oommeroially grown from seed shall be oounted towarEis the minimum tree anEi native
plant requirements.
(g) 'Nhen trees are requesteEi by a property owner to be planteEi within the right of way,
the requesting property owners shall exeoute a covenant proviEled by the City to proviEle
for the maintenanoe of suoh trees subsequent to planting . Where the State, County, or
munioipality Eletermines that the planting of trees anEi other landsoape material is not
appropriate in the publio right of way, they may require that saiEi trees anEi lanEisoape
material be plaoeEl on private property.
(h) Where trees are planted on private property, they shall be plaoeEl within seven (7)
feet of the eEige of the EleElioated right of way or within seven (7) feet of the edge of the
roaElway anEi/or inside edge of a sidewalk on private roaEis anEi shall be maintaineEi by
the private property O'Nner suoh that the trees Elo not interfere with the aotivities of the
rig ht of way .
(i) ConsiEleration shall be given to the seleotion of trees, plants and planting site to avoid
serious problems suoh as ologged sewers , cracked side'Nalks, and pO'.fJer servioe
interruptions.
U) Street trees are not required ",.'hen a oolonnaEle open to the publio is looated within
four (4) feet of the edge of the roadway.
(k) Street trees in the Hometown Distriot overlay shall be looated per the street tree
requirements set forth unEler Seotion 20 7.
f1:ID: Planting in Relation to Utility bines. The ultimate, mature height and width of a tree to be
planteEi shall not exoeeEl the available overheaEi growing spaoe as limited by the tree touohing
the overhead obstaole . A list of small trees and palms whioh may be permitted to be planted
adjaoent to utility lines is a'.'ailable in the University of Florida IFAS "Trees and Powerlines"
dooument.
£111 EmergenGY Prc:,-..isions. In the event that the City Manager Eletermines that any tree in the
City may oonstitute a hazardous oondition so as to endanger the publio health , safety and
general'Nelfare unless it is immediately removed or pruneEl , the City Manager, or his designee,
may verbally authorize the removal of suoh tree following an onsite inspeotion of the subjeot
tree without the seouring of a removal permit as requireEi by this seotion .
The provisions and requirements of this ohapter may be temporarily stayeEi by a majority vote
of the City Commission following the ooourrenoe of a hurrioane , tornaElo , flood, or other natural
Elisaster.
Tree Permit Applications, Requirements and Review, Fees.
30
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4 Only the City Commission may approve the removal, relocation or replacement of a heritage or champion
5 tree s. ~ A tree in a landscape plan , planted to provide temporary shade until adlacent trees reach maturity
6 may be designated as a "temporary shade tree ", and W51Qlt may be trimmed back or removed at such time
7 as the surrounding trees require additional access to sunlight
8
9
LO ill Permit Required . A tree permit shall be required for the removal or relocation of any tree within
LL the City. The removal of trees that are prohibited or exempted by Section 20-4.5.1 (N)-shall require a
L2 permit. in advance of any such removal, but no fees shall be charged for said permit. A tree permit
13 shall also be re uired f or th e r unin or trimmin of more than 3 of the cano of a tree.
14 No person. agent or representative thereof. directly or indirectly. shall cut down, remove, relocate, or
15 effectively remove any tree on any property. without first obtaining a tree permit as hereinafter
L6 provided. No building permit for any work on the subject site. including new construction, additions,
17 carports, pools, decks, fences, driveways, parking lots, tennis courts, demolition, or similar work, shall
18 be issued by the Building Department unless the Planning Department has determined that a valid
19 tree removal, relocation or trimming permit has been issued in accordance with this section. Miami
20 Dade County retains authority for all applications for Mangroves and natural forest communities
2L work.
22 ill Appli.cation Requirements. Permit applications shall include the name of the property owner,
23 address from which tree will be removed, tree species and diameter. and reason for removal of the
24 tree. The permit application shall be signed by the property owner and, if applicable, its authorized
25 agent. Applications for tree removal shall also indude a scaled drawing of the site showing tree size
26 and location, and a statement of how any other regulated trees are to be protected during any
27 approved tree removal and any associated construction or clearing, or grade changes. The city
28 manager or designee shall attempt to verify the information contained in the application and shall
29 either approve or deny the application as to each regulated tree proposed to be removed.
30 Applications approved by the Citll Commission for trees of either, a Champion Size , a Tree that is the
31 l8ffiest of its species or of significant size or a tree worthy of recognition for size, but not the largest of
32 Its species , which proviee that the tree cannot be relocated Femov.eQ , may only be removed by
33 resolution of the City Commission . However. upon determination b't'the City Commission that the tree
34 J:las died or became martall'! diseased , or a danger to the natuFaI environment, such designation may
35 be remo'/ed .
36
37 ill CRITERIA FOR TREE REMOVAL, RELOCATION AND REPLACEMENT. Replacement trees are
38 required to be planted to mitigate specimen tree removal and $1,000 shall be paid into the City'S Tree
39 Trust Fund in addition to any required mitigation. Dade County Pines of QBH e*ceeding 12" are also
40 specimen trees . Cabbage Palms-witR trunks greatef-..tRaA 6 feet may be relocated . but otherwise are
41 treated as Specimen Trees.
42 Ml Imposition of additionol conditions. The city manager or designee. as appropriate, may impose
43 other reasonable conditions where need is demonstrated. Such conditions may include restrictions on
44 percentage of canopy removed or the prohibition of tree removal from certain portions of the site
45 under consideration. The city manager, as appropriate, shall be guided by. but not restricted to, the
46 following criteria in imposing such additional conditions:
47 @l The need to provide buffers to adjacent developed property;
48 llil The need to protect soils highly susceptible to soil erosion as identified by the soil survey of
49 the county;
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1£l The need to protect slopes in excess of ten percent
2 1Q1 The need to protect existing wetlands, floodplains and flood channels and other
3 environmentally sensitive areas as shown on existing maps, photographs and other reliable and
4 available sources;
5 W aAny or all of the following conditions may be required:
6 (i) The applicant may be required to redesign the project to preserve specimen
7 treels), or any other tree determined by the City Manager to be of substantial
8 value due to its species, size, age, form and/or historical significance, and to
9 provide an alternate plan, when feasible, which shall include the preservation of
10 said treels) and design any alterations within the scope and intent of the initially
11 proposed plan.
12 (ii) Where practical, specimen trees, or any other tree determined by the City
13 Manager to be of substantial value due to its species, size, age, form and/or
14 historical significance, that is proposed for removal shall be relocated on or off-
15 site. The applicant shall adhere to acceptable tree relocation specifications, in
16 accordance with ANSI A300 Standards.
17 (iii) If it is impractical to relocate said treels) either on or off-site because of age, type
18 or size, the applicant shall be required to replace all trees permitted to be
19 removed in accordance with the tree mitigation requirements in tree removal
20 Section of this ordinance.
21 (iv) The City Manager may require that the applicant provide a written report from a
22 Certified Arborist before making any determinations in conjunction with this
23 section. The City Manager and City Arborist may also require monitoring and
24 periodic reporting by a Licensed Landscape Architect or Certified Arborist during
25 construction to assure tree preservation.
26
27 ill Applications shall be made on the form provided for that purpose and shall include a written
28 statement indicating the reasons for the permit . The following documentation and all applicab le fees
29 shall accompany each application.
30 W For applications for tree removal in conjunction with new construction, including
31 additions, pools. driveways, parking spaces, sidewalks, recreational facilities, and decks, a tree
32 sUi'Vey drawn to scale identifying the species and listing the height, spread and diameter of all
33 existing trees shall be provided. Said survey shall be prepared, signed and sealed by a
34 Professional Land Surveyor, licensed in the State of Florida.
35 ill For applications for tree removal in conjunction with any other activity requiring a
36 building permit, or for any other tree removal, a site plan prepared, signed and sealed by a
37 Professional Land Surveyor, licensed in the State of Florida drawn to scale Identifying the
3'8 species and listing the height, spread and diameter of all existing trees shall be provided. Said
39 site plan may be limited to the immediate area of the proposed work, and photographs of the
40 existing trees within said area may be acceptable in lieu of tree identification regarding
41 species, height. spread and diameter, provided those photographs permit identification by the
42 City Arborist.
43 1£l A tree dispOSition plan that is prepared, signed and sealed by a Florida licensed
44 professional who holds an Architect, Landscape Architect or Land Surveyor license, ,that is
45 drawn to scale, and that provides the numbering, identifying, and listing all existing trees and
46 specifying the condition of each tree and whether said trees are to remain, to be removed
47 and/or to be relocated . This plan shall also illustrate the location of all existing structures
32
and/or all proposed new construction. as applicable. the location of any overhead and/or
2 underground utilities and the new locations of existing trees to be relocated on site.
3 ll!l A tree mitigation plan prepared in accordance with the tree mitigation Section of this
4 ordinance.
5 {§lAIl of the required plans, data or other information required with the application shall be included
6 on the proposed development plan or on the supporting documents submitted with the plan or the
7 plat. The following requirements apply:
8 @1 Decisions on tree removal shall be based on a qualitative tree survey performed by a
9 landscape architect licensed to practice in the State of Florida under CH 481 FS, and evaluated
10 by the City. The landscaping plan shall show all trees to be pr:eserved. provide for protective
11 tree barriers that meet the requirements of this tree protection ordinance. and specify the
12 details of the mitigation required in this section.
13 ill The requirements for mitigation of regulated trees approved for removal as part of
14 development plan or subdivision plat review are as follows'
Categorv Mitigation
heritage trees, in fair or Mitigation payment based on tree appraised value, limited to three trees per
better condition acre averaged over the entire site. If more than three trees per acre in this
categorv are located on the site then the trees with the highest tree appraised
value throughout the site shall be used to calculate the payment. Heritage
trees proposed for removal in excess of the overall average of three per acre
shall require mitigation trees on an inch-for-inch on a diameter basis.
Heritage trees of other Mitigation trees on an inch-for-inch diameter basis.
than high quality
species, in fair or better
condition
I Any heritage trees in Mitigation trees consisting of two trees of high quality shade species
less than fair or better established for each tree removed.
condition; and any other
regulated tree
15 mWhen the replacement planting requirements of this ordinance cannot be met, the City shall
16 collect funds according to the City's tree value mitigation chart which shall be deposited in the Tree
17 Trust Fund.
18
19 B. REVIEW OF APPLICATION.
20 ill Removal and mitigation of regulated trees subject to subdivision or development plan approval.
21 When tree removal or relocation is contemplated in conjunction with any development requiring
22 approval of a final plat or final waiver of plat, upon receipt of approval of the plat, prior to final site
23 plan approval. a permit limited to activities necessary to provide for site preparation shall be
24 considered and either approved or denied.
25 ill Upon receipt of a completed application, the Planning Department-and the City Arborist, shall
26 review said application for compliance with the regulations as set forth in this Section . Such review
27 shall include a field inspection of the site, photographic record of the trees on the site and referral
28 of the application to other departments or agencies as necessarv. and shall ensure that the
29 applicant takes all steps reasonably necessary to preserve or relocate existing trees prior to
30 receiving a tree permit. If the tree permit is being requested in conjunction with or to make way
31 for construction for which site plan approval is required, no action shall be taken on the tree permit
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application until the site plan is approved. Within 15 calendar days after site plan approval, if
app licable, or the receipt of a comp leted 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.
8 ill Preliminary approval for an application involving tree removal activity shall be granted only if the
9 City finds that all reasonable efforts have been undertaken in the architectural layout and design of
10 the proposed development to preserve existing trees and to otherwise enhance the aesthetic
11 appearance of the development by the incorporation of trees in the design process. Upon the
12 Issuance of a preliminary approval, root pruning of trees designated to be relocated may be
13 immediately commenced pursuant to the pre limi nary approval; provided, however, that no actua l
14 removal of a tree shall take place until issuance of the final tree permit.
15
16 111 NOTICE At the end of the next business day following the completion of the Preliminary Approval
17 review of an application for a tree. permit, the Planning Department shall notify the applicant of
18 the Planning Department's intent to issue the Preliminary Approval ("Notice of Intent"). The
19 applicant shall post the Notice of Intent, on or adjacent to the property, in a location visible to the
20 general pub li c for at least 10 continuous calendar days prior to final permit issuance and shall, in
21 writing, notify the Planning Department that the Notice of Intent was posted and include the date
22 of the posting and photographic evidence of the same. The Notice of Intent must state the date of
23 the issuance of the notice, the date of the posting of the notice and shall advise the public that any
24 ob jection substantiated by a licensed arborist, cert ified under oath, that the trees to be removed or
25 relocated do not meet the requirements of this tree protection ordinance ("Certificate of Non-
26 compliance"), must be made by filing a notice of appeal and the original Certificate of Non-
27 compliance with the City Clerk within 10 calendar days of the date of the posting of the notice. The
28 appeal shall be in accordance with Section 13-27 of the City Code, other than as to the time for
29 filing the appeal-which under these circumstances is 10 days.
30
31 C. ISSUANCE OF PERMIT. If no appeal is filed with the City Clerk, as stated in the posted Notice of Intent,
32 on or before the end the 10 calendar day notice period referred to above in subsection (5), the permit
33 may be issued. The tree permit shall be posted by the app licant on the property where it is clearly visible
34 to the general public, commencing on the date of its issuance, and it shall remain posted until the
35 authorized work is completed. The property owner shall be responsible for insuring that the tree permit is
36 displayed until the city declares in writing that the authorized work is completed and the permit has been
37 honored without damage to trees.
38
39 ill The property owner shall provide the City Manager with a performance bond in a form approved
40 by the City Attorney, if required by the City Manager:
41 @l The City Manager row requireS the po.sting of a performance bond to guarantee compliance
42 with all conditions, limitations, and restrictions of the tree permit, including, but not limited
43 to, planting of all required replacement trees.
44 ill The bond shall be equivalent to one hundred fifty percent (150%) of the estimated
45 replacement cost of the trees to be removed at maturity or any other permitted activity and,
46 with the written consent of the City Manager, may be in the form of a letter of credit from an
47 FDIC insured institution, surety, cash, or certificate of deposit.
34
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f£l All performance bonds shall remain in force for a minimum of either one (1) year after the
actual completion date of the permitted activity (to ensure that any replanted trees which
perish are replaced), or until viability of all rep lanted trees has been achieved, whichever
occurs last.
6 ill All tree permit applications which remain incomplete for a period of one hundred twenty (120)
7 days shall expire and be null and void at the end of that period of time. A new tree permit application
8 shall be required for all work previously proposed under a permit application which has expired or
9 that has been denied or rejected. Approved permits shall expire, if work as specified, is not
10 commenced within one hundred and eighty (180) days of issuance ofthe permit.
II
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15
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Q., FEES Fees shall be as set forth in this ordinance or as established in the City's Fee Schedule, the
latter of which shall take precedence in the event of a conflict. Applications submitted by government
agencies for tree removals solely in areas dedicated to public use may, at the discretion of the City
Commission, be exempted from application fees and permit fees.
17 S FINAL INSPECTION No later than 18 months following the completion of the authorized work, the
18 applicant shall schedule a final inspection with the City Arborist for verification of compliance with
19 authorized work including any required maintenance of the foliage.
20
21 TREE TUST FUND:
22 (1) There is hereby created a Tree Trust Fund, the purpose of which is to acquire, protect, and to
23 plant trees on public property.
24 (2) Disbursement from Tree Trust Fund. Monies obtained for the Tree Trust Fund shall be disbursed
25 for the acquisition, maintenance, management, protection, or planting of trees on public property or
26 for the preservation of trees through the purchase of lands. This fund shall not be used for or toward
27 the installation of new trees that would already be required for a development.
28 (3) Source of monies for the Tree Trust Fund. Said Tree Trust Fund shall consist of contributions in lieu
29 of, or in conjunction with, required replacement plantings under this tree protection ordinance. The
30 City shall collect funds designated for the Tree Trust Fund when the replacement planting
31 requirements of this ordinance cannot be met and from other sources.
32 (5) Minimum species diversity standards. When more than ten (10) trees are required to be planted, a
33 diversity of species shall be required. The number of species to be planted shall be based on the
34 overall number of trees required. The applicant shall be required to meet t he following minimum
35 diversity standards as may be set by the City from t ime to time.
36
37 G. TREE . All tree mitigation required by this ordinance shall be accomplished in accordance with the
38 requirement set forth in the Miami ~Dade County Landscape Manual and or Miami-Dade County Chapter
39 24 -49, as well as in compliance with the provisions of this Section . All replacement trees shall be a
40 minimum of a Florida Grade 1 per the grades and Standards of the State of Florida.
41 ill Prohibited/Exempt Plant Species. Mitigation shall not be required for the removal of any
42 prohibited species unless it meets the canopy exception for prohibited plant species .
35
ill Tree Quality. Trees installed as mitigation in accordance with this section shall conform to. or
2 exceed. the minimum standards for Florida Number One as orovided in the most current edition of
3 "Grades and Standards for Nursery Plants, Part I and II," prepared by the Florida Department of
4 Agriculture and Consumer Services. Trees shall be planted according to sound nursery practices as
5 illustrated in the Landscape Manual and Landscape code Chapter 18A of the MDC code.
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10 Ml Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably planted
11 on the subject property, or at the City's direction, as an alternative to the off-si te mitigation provided
12 in the Tree removal Section of this ordinance, the applicant shall contribute to the City's Tree Trust
13 Fund the sum of $1000.00 for each 2" DBH required as mitigation in accordance with the Tree removal
14 Section of this ordinance.
15
16
17!::L. MITIGATION METHODS
18 ' ill Unless otherwise specified in this tree protection ordinance, where mitigation is required, it shall
19 be allowed by two methods, mitigation trees {on an inch -for-inch basis or as otherwise specified} and
20 mitigation payment . The amount of mitigation is as specified herein below .
21 ill Mitigation trees shall be of high quality shade species as identified on the South Miami tree list,
22 meeting the specifications of and sited in accordance with the requirements of this tree protection
23 ordinance. The installation of new trees for a development as required by this chapter may count as
24 mitigation for trees removed from the site, except where those removed trees are of a high -quality
25 species. The preference is for mitigation trees to be planted on the site, but where it is demonstrated
26 that no c.ceptable space is available, mitigation trees may be planted offsite within city limits. In
27 these instances, the required mitigation trees may be established on a different site within the city
28 limits approved by the city manager or designee, or the city manager or designee may allow a
29 payment in an amount to be made to the city Tree Trust Fund in an amount as set forth in this
30 ordinance.
31 ill Payment shall be made prior to receipt of tree permit, or at such other time as specified in a
32 development order. Mitigation payments received by the city shall be deposited in the city Tree
33 Trust Fund.
34
35 L Tree preservation during development and construction.
36
37 is
38 issued. Trees shall be protected during construction through the use of protective barriers in
39 accordance with the Miami Dade County Landscape Manual or other nationally recognized
40 arboricultural standards approved by the city manager or designee shall be used as guidelines for tree
41 protection. planting. pruning and care during development and construction.
36
ill . Trees that are to remain on site or to be relocated, shall be clearly identified with a tag, including
2 an identification reference to the tree survey required as part of the landscape plan or tree permit. A
3 protected area within the drip line of the tree or within a radius of 10 feet measured from the tree
4 trunk, whichever is greater, shall be maintained around trees to remain in accordance with the
5 Landscape Manual, unless the city's certified arborist City Manager otherwise determines in writing
6 that a smaller or larger protected area is acceptable for each tree, or an alternative tree protection
7 method is approved.
8 illDuring demolition and/or development. including installation of irrigation systems or any other
9 underground installations, protective barriers shall be placed around each tree and shall remain in
10 order to prevent the destruction or damaging of roots, stems or crowns of such trees, and to prevent
11 the depOSition of any fill or compaction to the drip zone of the tree . The barriers shall remain in place
12 and intact until such time as approved landscape operations begin; however, barriers may be
13 removed, subsequent to written permission from the City after an onsite inspection, temporarily to
14 accommodate construction needs, provided that the manner and purpose for such temporary
15 removal will not harm the trees. The trees shall be properly irrigated throughout the building process.
16 Persons who cause tree damaged during construction shall be subject to the penalties set forth in the
17 provisions of Section 20-4.5 .1(L). Understory plants within protective barriers shall be protected.
18 HlBarriers required. Prior to clearing. demolition, or other construction activities, the city manager
19 or designee shall determine which trees, if any, require protection . Protective barriers shall be
20 constructed, as necessary. to prevent the destruction or damaging of regulated trees that are located
21 within 50 feet of any construction activity or storage of equipment and materials. Barrier placements
22 along subdivision streets are regulated in accordance with the provisions of this section . Trees
23 identified for preservation which are destroyed or severely damaged shall be mitigated in accordance
24 with this section prior to issuance of a certificate of occupancy or use. To avoid conflicts between
25 barrier placements and demolition and construction activities, barriers shall be drawn to scale on the
26 demolition. grading and paving sheets of the development plan.
27 ill Barrier zones. All regulated trees in areas of demolition or construction that have not been
28 permitted nor designated for removal by either the terms of the permit or approved development
29 order shall be protected by barrier zones erected and inspected prior to construction of any
30 structures, road, utility service or other improvements. Barricades shall comply with the following:
31 .@.l Protective barriers shall be plainly visible and shall create a continuous boundary around
32 trees or vegetation clusters in order to prevent encroachment by machinery, vehicles or stored
33 materials. To further protect tree roots, a layer of wood chips at least eight inches thick shall
34 cover the soil within the barricade. Barricades must be at least three feet tall and must be
35 constructed of either wooden corner posts at least two by four inches buried at least one foot
36 deep, with at least two courses of wooden side slats at least one by four inches with colored
37 flagging or colored mesh attached, or constructed of one -inch angle iron corner posts with
38 brightly colored mesh construction fencing attached. Heritage trees shall be protected by
39 galvanized chain link fencing a minimum of 48 inches high, ll-gauge wire, two-inch mesh size
40 secured with 17/8 inch line posts no further than 10 feet apart secured at a depth of three feet
41 below soil line. Corners shall be secured with 23/8 inch line posts secured to a depth of four feet
42 below soil line.
43 ihl Barriers shall be placed at the greater of the following:
44 (i) At or outside the dripline for all heritage and champion trees and all regulated pine
45 and palm trees;
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3
4
(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.
f£l If complying with the above placement of barriers is found to unduly restrict development
5 of the property, the city manager or designee, or the appropriate reviewing board may approve
6 alternative barrier placements or methods of protection provided that at least 50 percent of the
7 area under the canopy dripline remains undisturbed (no grade change or root cut) and further
8 provided that there shall be no disturbance to the tree root plate. Protective barriers may not be
9 removed or relocated without such approval.
10 lltl No grade changes shall be made within the protective barrier zones without prior
11 approval of the city manager or designee. Where roots greater than one inch in diameter are
12 damaged or exposed, they shall be cut cleanly and re-covered with soil within one hour of damage
13 or exposure.
14 W Protective barriers shall remain in place and intact until such time as landscape operations
15 begin. If construction needs dictate a temporary removal (for less than 24 hours!. the city
16 manager or designee, may approve or deny the temporary removal of protective barriers.
17 ill Landscape preparation in the protected area shall be limited to shallow discing of the
18 area. Discing shall be limited to a depth of four inches unless specifically approved otherwise by
19 the city manager or designee.
20 !§l No gas, oil, fill, equipment, building materials or building debris shall be placed within the areas
21 surrounded by protective barriers, nor shall there be disposal of any waste materials such as paints,
22 oils, solvents, asphalt, concrete, mortar or any other materials harmful to trees or understory plants
23 within the areas surrounded by protective barriers.
24 ill Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict
25 damage to the tree.
26 1m Natural grade shall be maintained within protective barriers. In the event that the natural grade
27 of the site is changed as a result of site development, such that the safety of the tree may be
28 endangered, tree wells or retaining walls may be required.
29 121 Underground utility lines shall be placed outside the areas surrounded by protective barriers. If
30 said placement is no possible, disturbance shall be minimized by using techniques such as tunneling.
31 (10) Fences and walls shall be constructed to avoid disturbance to any protected tree. -Post holes and
32 trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such
33 as discontinuous footings, to avoid damage to major roots.
34 (11) If any preserved tree is not alive and healthy three years after the certifica~e of occupancy is
35 granted, it shall be removed and replaced with the tree or trees which originally would have been
36 required by this code. The area that was preserved to accommodate the preserved tree shall be
37 maintained in an unpaved condition and the replacement trees established in this area.
38 (12) The Planning Department shall maintain, and make available to the public, descriptions and
39 illustrations of tree preservation and protection practices which will assist in assuring that preserved
40 trees survive construction and land development.
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(B) Inspections. The city manager or designee shall conduct periodic inspections of the site before
work begins and/or during clearing, constructioh and/or post-construction phases of development in
order to ensure compliance with these regulations and the intent of this section.
(14) Denial; conditions. The city manager or designee may deny a proposal for development because
one or more champion or heritage trees have not been preserved or adequately protected, or may
require special conditions of approval that may include but are not limited to the following:
@l Requiring the trees to be protected with chain-link barricades.
f!U Requiring a soil aeration system in the vicinity of tree roots as needed, particularly
where fill will be added over roots of preserved trees or where compaction may reduce the
availability of water and oxygen to tree roots.
(15) Native trees. At least +; Fifty (50) percent of trees on the required landscape plan should be
native species. Cultivars of native trees are considered native species Bblt sl:lall Be R9 less tl:laR SO
sereeRt.
(16) Pruning . All trees may be pruned to maintain shape and promote their shade-giving qua lities and
to remove diseased or dying portions in areas where falling limbs could be a hazard to people or
property. Tree pruning shall be done in accordance with the most current version of the American
National Standard for Tree Care Operations "Tree. Shrub and Other Woody Plant Maintenance" (ANSI
A300) and "Pruning. Trimming. Repairing. Maintaining, and Removing Trees. and Cutting Brush-
Safety Requirements" (ANSI Z133). The pruning or trimming of any tree shall be in accordance with
guidelines in the Landscape Manual. No more than 25 percent of a tree's living canopy shall be
removed within a one -year period. No more than 25 percent of the crown should 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 or climbing spikes 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 abuser 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.
39
2 the South Miami
3 Police Department sha ll require such person or persons to cease such operations until the necessary
4 permit is obtained.
5 111 City Manager. The city manager is hereby authorized to enter into agreements with the owners of
6 private property located within the city for the purpose of acquiring easements to plant trees on such
7 property and in consideration for such agreement the private property owner sha ll acquire ownership
8 of such trees as the city may plant; provided, however, that any such agreement shall limi t the
9 duration of the easement to a time period of two years and shall limit the property interest acquired
10 by the city to that distance suffici ent to allow the planting and initial maintenance of trees, but in no
11 case to exceed a maximum of a 22 -foot setback from the property line or right-of-way held by the city.
12 Provided further, that under such agreement the private property owner shall agree to subsequently
13 maintain the trees planted thereon and shall also agree to hold the city harmless for any liability
14 attributab le to the planting or presence of the trees on the private property.
15 ill Sp'ec ial Master. The Special Master hearing any appea l or protest of a penalty issued pursuant to
16 this section shall determine if a violation of this tree protection ordinance has been committed and
17 shall not have discretion to lessen the fine set by this ordinance.
18
19
20
21K" Enforcement
22 ill Jurisdi ction . The City shall have jurisdiction for the proper and effective enforcement of this
23 section. The City shall have the right to inspect subject properties in accordance with the approved
24 tree permit and the provisions of this section.
25 ill Individual Enforcement. Each tree removed without a tree permit shall constitute a separate and
26 distinct violation and shall be the subject of individual enforcement.
27 ill Tree Viability After Project Completion. If the City determines that any tree, that is required to
28 be planted pursuant to a tree permit, is not viable, alive , and growing, one year after all associated
29 development activity on the property is completed, the City shall require that said tree be replaced
30 with the same tree species and size which was originally planted or relocated, as per the approved
31 tree permit or may assess penalties as prescribed in this section for illegal tree removal. Such
32 penalties shall be deposited in the Tree Trust Fund.
33 111 Any person who violates this tree protection ordinance shall be required to pay a fine and shall
34 be. in addition to paying a fine, re.quired to mitigated in accordance with the tree mitigation
35 requirements of this ordinance.
36 ill Withholding of a New Building Permit. The remova l of any tree in violation of this section shall
37 constitute grounds for withholding new building permits for the subject property until the viola tion
38 has been corrected, including the payment of all fines and the p lanting of all trees required as
39 mitigation. pursuant to this section has occurred to the satisfaction ofthe City . Alternatively, in order
40 to obtain the new building permit, the person in violation may post a performance bond pursuant to
41 255 .05 of the Florida Statues naming the City of south Miami as Obligee. The bond sha ll be in the
40
amount of ten percent of the construction cost or ten percent of the appraised value of the property,
2 whichever is greater. The bon~ will be maintained in place until the violation has been corrected,
3 pursuant to this section.
4
5 i§l Withholding of a Certificate of Occupancy. The Planning Department shall not approve the zoning
6 inspection required for a temporary or final Certificate of Occupancy until all violation of this section
7 have been corrected, including the payment of all fines and the planting of all trees required as
8 mitigation, pursuant to this section.
9
10 ill Occupational License. The occupational license of any person who performs any services in the
II City and who violates this ordinance shall be suspended, or if yet to be issued, shall not be issued, until
12 the violator has complied with this ordinance, paid all fines incurred and complied with all
13 requirements for tree mitigation.
14
15 illi Remedies Cumulative. The remedies provided in this section shall be cumulative to all remedies
16 provided by law and/or equity, and the election of one shall not preclude the other.
17
18 f2l Costs and Fees. In the event the City institutes any civil action to enforce the terms of this section
19 in a court of competent jurisdiction, the City shall be entitled to recover the fines imposed pursuant to
20 the violation{s), the cost of trees required as mitigation, the costs associated with the investigation
21 and prosecution, inclusive of a reasonable attorney's fee for prosecuting attorney, together with any
22 equitable and legal remedies deemed reasonable and proper by the court.
23
24 1:. Penalties, Remedies Cumulative
25 ill Fine. Any person, and each agent thereof, including the owner, who, without an appropriate
26 permit required by this ordinance, relocates, trims or removes a tree, and/or orders, instructs or
27 allows others to relocate, trim or remove a tree in violation of this ordinance shall (j) comply with the
28 tree mitigation requirements of this ordinance in the form of replacement trees or, if replacement is
29 not possible, shall pay the amount required in lieu of replacement and (jj) shall pay a fine of $250, per
30 violation. Where there are two or more penalties for the same offence, all the penalties shall apply,
31 unless found to be excessive by a court of competent jurisdiction and then the more stringent
32 enforceable penalty or penalties shall apply. All fines and monetary mitigation payments shall be
33 deposited into the Tree Trust Fund. Each tree removed, relocated or trimmed without an appropriate
34 permit, shall constitute a separate and distinct violation, subject to a separate fine and mitigation. If
35 the violator fails to timely complete the requirements of this ordinance for tree mitigation ("Tree
36 Mitigation Violation"), the violator shall pay an additional fine of $250 for each day thereafter until the
37 mitigation is completed. The fine for any repeated violation of this ordinance by the same person
38 shall increase to $500 for each repeated violation . The -fine for a repeated Tree Mitigation Violation
39 by the same person shall be $500 per day. The owner of the property where the violation occurred
40 shall be jointly and severally liable for the same fine as the person who removed, relocated or
41 trimmed a tree without an appropriate permit. All of the fines provided for in this ordinance may be
42 increased or decreased by and as set forth in the City's Schedule of Fees and Fines.
43 ill Tree Mitigation Required. In addition to the monetary fine established above, the planting of
44 replacement trees shall be required. If the total number of trees required as mitigation cannot be
45 reasonably planted on the subject property by the sole determination of the City Manager who shall
46 be guided by the principal of tree protection and tree preservation, the applicant shall contribute into
41
the City's Tree Trust Fund in an amount based upon the chart below or as otherwise provided more
2 stringently in this section. Mitigation that is required by this ordinance shall be completed within Sixty
3 (60) days after the violator has received a citation and shall be in addition to any and all other
4 applicable requirements or sanctions.
5 ill Irreparable or Irreversible Violations. In the event the Special Master finds that -the unauthorized
6 removal,~ relocation or trimming of any tree is irreparable or irreversible in nature, he shall impose a
7 fine not less than $2,000 and not to exceed $5,000 per violation, plus mitigation as required in this
8 chapter. In determining the amount of the fine in excess of $2,000, the Special Master shall consider,
9 the following factors:
10 W The gravity of the violation;
11 !.!ll Any actions taken by the violator to correct the violations; and
12 1f.l Any previous violations committed by the violator.
13
14 M. Tree Mitigation Value. This tree value mitigation chart shows the following values which are intended
15 to be minimum levels of replacement for each size of tree removed. This chart and/or the values in the
16 chart may be amended by the City's Fee Schedule from time to time.
17
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20
21
Diameter of Number Diameter
Tree removed 2" DBH 4"DHB
2"-3" ~ Or 1
4"-6" 4 Or ~
7"-12" ~ Or 1:
13" -18" 12 Or §
19" -24" 16 Or ~
25"-30" 20 Or 10
31" -36" 24 Or 12
37" -42" 28 Or 14
43"-48" 32 Or 16
49" or greater 40 Or 20
The above formula approximates the following example:
In lieu of
Replacement
or $1,000
or $2,000
or $4,000
or $6,000
or $8,000
or $10,000
or $12,000
or $14,000
or $16,000
or $20,000
22 For every 500 Square feet of canopy removed, a hardwood tree rep lacement of at least 12 ft tall
23 would be required. For instance, if 2,300 sq ft of tree canopy were removed, the replacement
24 requirement would be four 12 foot tall trees and one 8 foot tall tree or at the minimum level of
25 financial contribution, at $500.00 or $1.05 per square foot of canopy, which ever is greater. This
26 example would require a minimum of $2,500.00.
27
28 !i Exemptions. The following are prohibited and contro lled plant species that are exempt from the
29 general tree protection provisions of this section. A no-charge perm it will be issued for removal of
30 prohibited and lor invasive non-native plants species .
31 ill Any tree growing in a botanical garden or a licensed plant or tree nursery business.
42
ill Upon determination in writing by the City Manager that tree permitting requirements will hamper
2 private or public work to restore order to the City after a declared state of emergency by the City
3 Commission.
4 ill The removal of any tree during or following an emergency such as an act of nature or a life safety
5 issue. The city reserves the right to require mitigation once the life safety issue is resolved.
6 111 Removal of any dead tree
7 ill Exemption from mitigation. On properties with canopy cover exceeding 50% of the total lot
8 coverage, canopy covering up to 10% of the lot may be removed per calendar year without
9 mitigation, provided the total canopy cover does not drop below 50%.
10 {Q1 A living tree of the following prohibited or nuisance plant species except when present in a dense
11 distribution or substantial canopy coverage deemed to be of significant importance to the aesthetic
12 or environmental benefit to the area as determined by the City Manager:
13
14 SPECIES
15 Acacia auriculiformis
16
17 Albinia lebbeck
18 Adenanthera pavonina
19
20 Araucaria beterophvlla
21
22 Ardisia elliptica
23
24 Bambusa spp.
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Bauhinia variegata
Bischofia javanica
Brassaia actinophylla
Casuarina spp
Cupaniopsis anacardiodes
Dalbergia sissoo
Enterolobium cyclocarpum
Eucalyptus SPP
Ficus benjamina
Ficus microcarpa
Grevillea rabusta
Hibiscus tiliaceus ITal ipa riti tiliaceum
Leucaena /eucocephala
COMMON NAME
Earleaf Acacia
Woman's Tongue
Red beadtree, red sandalwood
Norfolk Island Pine
Shoe-button Ardisia
Tree Bamboo
Orchid Tree
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
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21
Melaleuca quinquenervia
Melia azedarach
Metopium toxiferum
Psidium quajava/!ittorale
Ptychosperma eleqans
Ricinus communis
Sapium sebiferum
Schinus terebinthifolius
Schefflera actinophylla/Brassaia actinophylla
Svzyqium cumini
Terminalia cattapa
Thespesia populnea
Melaleuca
Chinaberry
Poison Wood
Guava
Solitaire Palm
Castorbean
Chinese Tallow Tree
Brazilian Pepper
Schefflera
Java Plum
Tropical Almond
Mahoe
22 necessa e maintenance and safet rovided that no more than
23 crown or foliage is removed.
24
25 INVASIVE/NONNATIVE PLANT SPECIES
Common Name Scientific Name
Air potato Dioscorea bulbifera
Arrow bamboo Pseudosasa japonica
Brazilian Schinus terebenthifolius
pepper
I Catclaw vine I Macfadyena unguis-cati
I China berrY Melia azedarach
Chinese privet Ligustrum sinense
Chinese tallow Sapium sebiferum
tree
Chinese Wisteria sinensis
i wisteria
I Climbing fern Lygodium iaponicum and Lvgodium microphyllum
I Cogan grass Imperata cylindrical
k oral ardesia !Ardisia iaponica
44
leoral berrY I Ardisia crenata
1 Ele~hant's ears I Xa nthosoma sagittifolium
I Glossy ~rivet I Ligustrum lucidum
Golden raintree Koelreuteria ~aniculata and Koelreuteria bi~innata
iGO'den
bamboo
i Phvllostach~s aurea
Henon bamboo P. nigra cv. "Henon"
: Hydrilla I Hydrilla verticulata
I Hygro~hia I Hygro~hia ~olys~erma
I Ja~anese Ardisia ia~onica
ardisia
Ja~anese Lonicera ja~onica
honeysuckle
I Ja~anese ~a~er Brousonettia ~a~yrifera
mulberrv
Kudzu Pueraria lobata
Mimosa
I
Albizia julibrissin
!Miramar weed , Hvgro~hila ~olys~erma
I Oyster ~Iant Tradescantia s~athacea
I
leaf Sa sa ~almata (Arundinaria ~almata)
I
Paim
bamboo
I Skunk vine I Paederia foetida
Tro~ical soda Solanum via rum
~
I White -Tradescantia fluminensis
flowered small-
leaved
s~iderwort
I Wandering
s~iderwort
I Water hyacinth I Eichornia crassi~es
I Wild taro I Colocasia esculenta
2
3 O. Street trees.
4 ill Street trees. Street trees shall be planted along the sides of all streets within a
5 develo~ment and on the development side of any contiguous street. Street trees shall be planted
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for every 30 to 50 feet of street frontage, depending on the canopy area needed for the tree
species. The widths of driveways along a street shall be subtracted from the linear feet of street
frontage length for the purposes of ca lculating the number of required street trees. In no case
shall trees be spaced closer together than 25 feet or farther apart than 60 feet. Alleys are exempt
from this requirement for street trees. Street tree diversity is to be attained city -wide in order to
reduce the effect of loss of street tree spec ies due to insect or disease outbreaks, even though
street tree diversity may not be attained on an individual street.
ill Street trees sha ll be high quality shade trees and shall be planted in tree lawns with a
minimum width of eight feet, or within tree wells with minimum four-foot by four-foot surface
openings.
ill On-street park in g spaces may be located between street trees, as lon g as the required
number of trees are planted along the street frontage, and the minimum root zone volume is
provided for each tree.
111 Tree wells may be enclosed with pavers or other hardscape materials above the required
root zone volume. The landscape architect shall present a recommendation regarding the need
for the installation of an aeration system necessary to conduit water and oxygen to the roots of
trees within tree wells.
Where possible, street trees shall be planted between the street and the pub li c sidewalk.
Street trees may be planted between the sidewa lk and ad jacent buildings only where the location
of existing or proposed utility lines alo ng the street, or the clear zone requirements of the public
works department or other mainta i ning agency, prevent the location of trees between the street
and sidewalk. Where street trees are approved to be planted between the sidewalk and ad jacent
buildings, the trees may be located as close as five feet away from building face.
i§1 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.
1.ru A minimum ten-foot separation shall be provided between street trees and street
stormwater inlets, except where bio-retention inlets that incorporate trees are utilized .
m 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
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trunk of four (4) feet, an overall height of twelve (12) feet and a minimum caliper of two (2) in ches
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 co lonnad e 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.
illl The maximum average spacing of thirty (30) ft for multiple single-fami ly units sha ll be
based on the total lineal footage of roadway for entire projects and not based on individual lot
widths.
.L!Il 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 X) inches at time of planting, and shall meet the following requirements :
.@} 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.
ill A maximum average spacing of twenty-five (2S) feet on center.
1f.l Maturing to a height and spread not encroaching within five (5) feet of overhead power
distribution lines.
1Q1 Under high voltage (SOkV and above) transmission line s installed independent of
underbuilt distribution lines, tree height and spread shall not exceed the minimum approach
distances specified in the current ANSI (American National Standards Institute) Z133.1
Standards, as referenced in the Landscape Manual.
Palms. Palms which meet all of the following requirements shall count as a required street
tree on the basis of one (1) palm per tree.
.@} Minimum canopy of fifteen (15) feet at maturity.
1hl Provided at an average maximum spacing of twenty-five feet (25) feet on center.
1f.l Fourteen (14) foot minimum overall height or minimum caliper of four (4) inches at time
of planting.
1Q1 It is provided however that queen palms (Svaqrus romanzofflana) shall not be allowed as
street trees. No more than thirty (30) percent of the min imum tree requirements may be met
by palms.
I=Ol:Jrty (40) Fifty (50) percent of the required trees and/or palms shall be native species .
f1.2.l 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 Pa lms 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§1 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
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determines that the planting of trees and other landscape material is not appropriate in the public
right-ot-way, they may require that said trees and landscape material be placed on private
property.
i!Z.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.
l!.ru. 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.
lim 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.
(20) Street trees in the Hometown District Overlay shall be located per the street tree
requirements set forth under Section 20-7.
fl!.l 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.
l.n.l Emergency Provisions. Ih the event that the City Manager determine s that any tree in the
City may constitute a hazardous condition so as t o endanger the public health, safety and general
welfare unless it is immediately removed or pruned, the City Manager, or his designee, may
verbally authorize the removal of such tree following an onsite inspection of the subject tree
without the securing of a removal permit as required by this section. The provisions and
requirements of this chapter may be temporarily stayed by a majority vote of the City Commission
following the occurrence of a hurricane, tornado, flood, or other natural disaster.
33 Section 2. Codification. The provisions of this ordinance shall become and be made part of the
34 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
35 renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed
36 to "section" or other appropriate word.
37
38 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
39 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
40 the validity of the remaining portions of this ordinance.
4 1
42 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts
43 of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of
44 this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in
45 conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
46 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
47 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
48 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.
6 PASSED AND ENACTED this ___ day of _________ ----', 2014.
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ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM :
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman :
Commissioner Welsh:
Commissioner Edmond :
49
26SE I SUNDAY, DECEMBER 7, 2014 SE
W,,","'e __ :ffl"""'l!llil
to h.~ II ... __ b;rtI~'()"'-'·oe«L.
"liN ",tom """'~" Ai \<1lpeaAlli ~ ... ItI"'txPOif>"" Co," t~.)'<LJ1
fmOl'IIII"On",' Iili>lelllhlflPoct-
17501 '~_ Qixie HWY.
Miami
305-278-8004
MOn-.FrI 8· a. 'S.i!Jt lt· 7. SUn IQ ... 5
www.batteriesplu5.(Om : $4~5-6--__ -:: $15.-00------,
I Watch
: Battery &
I Installation
: ~ IlBmlIIlIIIUlII~
,,,,,,.~ ... o!hl ,,.""'luc<=d..J:"-, ... 1
e
'The PI:Ice to Shop fQrEver)/ Occaslo'!.,
Personal service is
our spedalty,
-Brlool Gowr:s
• IIlQlher tlf the Br 'O:e
• Scclol Occos"Qf' (;(clml
• Prom, Sweet 15, Bat Mitzvoh
• Social Occasion Atti re
• In timote Apparel & Shopeweor
• Sizes 0-30
• Special Orders Available
• Accessones
~Ia "n"l'. \Vccl~y 'nnd
rr!1l:ly: IO;nl>-£p.l'
'l"u"-..... y nncl Thu,Stli\f
IOunl.8 pm
.sn\urdnyl IOllm·5 pm
OPEN HOUSE
TOUR FOR
PARENTS OF
PROSPECTIVE
STUDENTS
9:00 -9:45 AM
rsvp at:
www.alexandermonlessori.com/
RSVPopenhouse
or call our Office
at 305-665-6274
Come tour the
world of a child.
See it. Believe it.
Limitless Learning.
Unlimited Possibilities.
TUESDAY
December 9,2014
Red Road Campus
6050 SW 57 Avenue
Preschool -K. Ages 3-6
~~~~~
AlrlIWIder AAootessO(; School dO>tJ~ not di.c:mninllle on lfIe b/l$i~ or r ... ~, nll/JOMIiIy, (X efhnic: origin.
The Public is advised that the South A Municipal Advisory Committee (MAC) will be holding a meeting on
Wednesday, December 10, 2014 a16:30 P.M. at Deerwood Bonita Lakes Park, 14445 SW 122nd Avenue,
Miami,33186.
~ ~
CITY OF soum MIAMI
COURTESY NOTICE
The MAC will be evaluating the potential incorporation of the area into a separate municipality; ~ will also be
meeting with staff to discuss the County's concerns regarding any adverse impactto the remaining unincorporated
municipal service area or other regional municipal-type services that could occur due to any such incorporation.
The MAC area is generally bounded as follows:
r'1,-· -.-, -, "'r=-,,., .... ,,. . .:.,..-,-----"'I
NORTHERN MOST BOUNDARY: SW 120th Street
SOUTHERN MOST BOUNOARY: SW 232nd Street
EASTERN MOST BOUNDARY: US 1
WESTERN MOST BOUNDARY: SW 157th Avenue
(Boundaries only include areas within
County Commission Dislricl9 for study area)
The public is invited to share its thoughts on incorporation, the proposed boundaries, services it wishes to see
enhanced and any additional inlormation that may assist the MAC in ~ deliberations.
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for W.dn .. d.,~ Dc«mber 17. ZON
beginning at 7:00 p.m .• in the City Commission Chambers, 6130 Sunset Dr h", to consider the following
item(s):
A Resolution authorizing the City Manager to negotiate an agreement with ADP Lo provide payroll services,
Human Resources and Time & Attendance iotegrated software solution
An Ordinance amending Section 4-2(a) of the City Code adding drugstores. convenience stores and service
stations as listed USI:S in the table of distance n:quiremt:nts regarding alcohol sale,
An Ordinance ;:unending Section 20-4.2 of the City of South Miami's Land Development Code to add eriteriu for
the City's approval of a pl<lt or re-pl:Jt tcnt:.Ilively approved by the Miami-Dade County.
An OnJinance amending Sec. SA-5 (a), (b). (c), (e) and (1) or Chapter SA or Ih e City or South Miami's Code
of Ordinances as to definitions and exemptions and adopting applicable portions of the Miami-Dade County
lobbying ordinance concerning definitions and exemptions as well as providing strieter requiremenfs and
pt:nalties.
(
An Ordinance amending dK: l.amf OiMUopr'lwtt( CoCk Scttkm 20-4.:5 noo 204",1. inc.llI.lbn,. but not limited t00
provisions concerning intent. definition!, ap pJiqblllt)'::Iud pl'Q\'u!ms (or lrt'C ~1nQ,r:a1 ttquunncnts, applications,
permits, fees tree mitigatlun nnd nrn h:clkl n. t:~(orcc.mefl'. pc.n:1i11r:.i, n:mc:dh:~.; itDd.:;:&wca1s..
ALL interested panics arc invited to attcnd and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340
M"ria M. Menendez, CMC
CityClcrk.
Pursu.:ml,o FloridJ S'3'll'e, :!.!l6 .0105.1he Ci,y hereby ad\'ise' t~ public I~I if a ~rson decides III appeal any ckcilion made by Ihi, 8o;Jrd, Agency
orCommi$llion with re~pcc:t 10 any m;mercon~idcn::d:lt irs rncdiuji or hearing, he urshc: will nc:ed;a r~td OrUH: fln )O,:('edjllg.~. and In:.f tOr such
flUrposc:. oITCC:lcd perron InD)' need 10 cnsun: lhill II \"erbalim record of.he proceedings is made \I,hitb record includes Ihe .t'S.i mony 300 C\'idcncc:
upon which dtc ilppeat is to be bued
MIAMI DAILY BUSINESS REVIEW
Pu blished Daily except Satu rday, Sunday and
Lega l Holidays
Mi ami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/kla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dad e
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING 12/17/2014
in the XXXX Court,
was published in said newspaper in the issues of
12/05/2014
Affiant further says that the said Miami Daily Business
Review is a newspaper publish ed at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County ,
Florida, each day (except Saturday , Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has r paid n any person, firm or corporation
a Iscount, r e, commission 0 efund for the purpose
of securi ng IS advertisement for pu Ii cati on in the said
newspaper. ______ ----jt-..-_
(SEAL)
CITY O F SOUT H MIAMI
N OTICE OF PUBLIC HEARING
onCE IS HEREBY gIVen tl1at tmI City CQlTlm ·on of the City of
ulh Miami, F1Grida WlU conduct Public HSlIrfng(s) 8\ 1fs regular City
.Isslot'l ~ling scheduled for Wednesday, ~ll'Iber 17, 2014
beginOlng al 7:00 p.m" In the City CommIssion ChambeJS. 6 130 SunseJ
0rlv8,10 c:poslaet!he follOWlngitem(s):
A ResQfutibn ~ri~ng the Glty Manager tg neggt!ate an agreement
wIttt ADP to provide payrqll services, Human Resources and T1m~ &
Attendance lntegrated software solution.
An Ori:!lnance amending SebtJ.on 4-2(a) of the City Code.;adding
cdru.9Slo18S, oonvenlel'!oo slores and.service sta!iol'ls as l!$ted usesin
th81table of diStance requl/'eITIs!ltlJ ~!1rdlng a~1jpJ {lC!1~·, -
Maria M. Me~CMC
• CitY Cieri(
Pursuant to Florida statutes 286 01 OS, the City ooJebY advises !he publlc
if a JIEIfSOIl decides to appeal any ~.JQn 1Tl1I~ by thIS ~.
genc;y .o~ .commisslOl)..~ respect to any mallar CQfl!jf~[Qd a1 its
eBJjng or hearing. he or she will need a racerd of \he proceedings. and
at loi-such piJ~. affected person may n&e5i to eQSU(e ttrat a verbatim
• of thEr p~ll1gs is ma.\1e whlt:/l rSCord ~ncludes the leStimony
iI evidence.lipon which the appe.afis to be !ia$ed,
2/5.. . tzSSllsM