_Add-on item a)Add-On Item a)
Sponsored by:Vice Mayor Harris
Commission Meeting 01-06-15
1 ORDINANCE NO.
2
3 An Ordinance amending the Land Development Code,Section 20-4.5 B(46)
4 titled Specimen Trees to delete the exception for fruit trees from the
5 definition of a specimen tree.
6
7 WHEREAS,there are many largefruittreesintheCity of South Miami that theCityand
8its citizens wish to preserve;and
9
10 WHEREAS,the Mayor andCity Commissioners desire to provide fruit trees with the
11 same protection as other trees of thesamesizeandthatmeetthe criteria fora specimen tree.
12
13
14 NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
15 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
16
17 Section 1.Section 20-4.5B(46)titled Specimen Treesis hereby amended tostateas
18 follow:
19
2046)Specimen Tree:AtreewithaDBHof 18 inchesor greater.DadeCountyPinesof
21 DBHexceeding12"or Cabbage Palmswithtrunksgreaterthan6feet.The following
22types of treesthatmeetthesecriteriashallnotbeconsideredspecimentrees:
23(a)Non-native species of thegenusFicus;
24(b)All multi-trunk treesinthepalm family,except the Paurotis palm (Accelorrhaphe
25wrightii).(c)Allnuisanceplantspecies.
26(d)Prohibited plant species.
27 (o)Non native fruit treesthat are cultivated or grown for the specific purpose of
28 producing edible fruit,including,butnot limited to,mangoes,avocados,or species of
29 eifeus
30
31 Section2.Codification.Theprovisionsofthisordinanceshallbecomeandbemade
32partofthe Code of Ordinances ofthe City of South Miami as amended;thatthe sections ofthis
33 ordinance maybe renumbered or re-lettered to accomplish such intention;andthattheword
34 "ordinance"maybechangedto "section"orother appropriate word.
35
36 Section3.Severability.Ifanysection,clause,sentence,orphrase of thisordinanceis
37foranyreasonheldinvalidor unconstitutional byacourtofcompetentjurisdiction,thisholding
38shallnot affect the validity of the remaining portions of this ordinance.
39
40 Section 4.Ordinances in Conflict.Allordinancesorparts of ordinances andall
41sectionsandparts of sections of ordinancesindirectconflictherewithareherebyrepealed.
42However,itisnottheintent of thissectiontorepealentire ordinances,orparts of ordinances,
43thatgivetheappearance of beinginconflictwhenthetwoordinancescanbeharmonizedor
Page1 of2
Add-On Itema)
Sponsored by:Vice MayorHarris
Commission Meeting 01 -06-15
1whenonlyaportion of theordinanceinconflictneedstoberepealedtoharmonizethe
2 ordinances.If theordinanceinconflictcanbe harmonized byamendingitsterms,itishereby
3amendedtoharmonizethetwo ordinances.Therefore,onlythatportionthatneedstoberepealed
4toharmonizethetwoordinancesshallberepealed.
5
6Section5.EffectiveDate.Thisordinanceshallbecome effective upon enactment.
7
8PASSEDANDENACTEDthisday of ,2015.
9
10 ATTEST:APPROVED:
11
12
13 CITY CLERK MAYOR
141st Reading
15 2nd Reading
16
17 READ AND APPROVED AS TO FORM:COMMISSION VOTE:
18 LANGUAGE,LEGALITY AND Mayor Stoddard:
19 EXECUTION THEREOF Vice Mayor Harris:
20 Commissioner Edmond:
21 Commissioner Liebman:
22 Commissioner Welsh:
23 CITY ATTORNEY
24
Page2 of2
ORDINANCE NO.29-14-2207
An Ordinance of the City of South Miami,Florida amending the Land Development Code,
Section 20-4.5 and 20-4.5.1,including,but not limited to,provisions concerning intent,
definitions,applicability andprovidingfor tree removal requirements,applications,permits,
fees tree mitigation and protection,enforcement,penalties,remedies,and appeals.
WHEREAS,Ordinance 13-14-2191 adopted onMay 20,2014,amended the City'sLandscape
requirements by repealing subsections (A),(H),(I),(J),(K),(L),(M)and(N),deleting and transferring
Section 20-4.5 (D)to 20-4.5.1 (15)adding anew section 20-4.5 (A)and adding Section 20-4.5.1 titled "Tree
Protection";and
WHEREAS,the residents and City Commission of South Miami feel that the destruction of certain
trees is not necessary to redevelop properties;and
WHEREAS,the City Commission feels that the Tree Protection Ordinance No.13-14-2191,needed
additional protections for the preservation of trees;and
WHEREAS,onJuly22,2014,the City Commission adopted a Resolution No.147-14-14241,
enacting a moratorium on the issuance of permits to cut or otherwise kill certain trees until the existing
tree protection ordinance can be amended to provide better protections.
NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY COMMISSION OFTHE CITY OF
SOUTH MIAMI,FLORIDA THAT:
Section 1.TheLand Development Codeof South Miami,Florida originally enacted by Ordinance
No.3-96-1603,and as amended,by Ordinance 7-98-1655,and Ordinance 13-14-2191is hereby amended
and specifically Section 20-4.5 and Section 20-4.5.1 are amended to read as follows:
20-4.5 Landscaping and tree protection requirements forall zoning districts.
A.Intent and Purpose
(1)The intent ofthis section istoprovidea mechanism to protect,preserve and restore the tree
canopy within the City of South Miamiby regulating the care,protection,removal,relocation and
trimming of trees.The benefits of trees to the City are many and include the following:
i)Trees help combat the greenhouse effect by absorbing C02,a major source of greenhouse
gases which contributes to global warming.
ii)Treesclean the airbyabsorbingsomepollutinggasesandfiltersome particulates out of
the air by trapping them on their leaves and bark.
iii)Trees provideoxygenasa product of their growth.
iv)Trees conserve energy and reduce the urban heat island effect byhelpingtocool the
streets and the cityby reducing the direct sunlight from heating pavement and buildings and
by evaporative cooling from transpiration of their leaves.
v)Trees save water byslowing evaporation rates fromlawns.
vi)Treeshelp prevent water pollutionbyreducingrunoffbyallowing the water toflowdown
the trunk andinto the earth below the tree,helpingto prevent stormwater fromcarrying
pollutants to the ocean.Onhillsidesorslopes,trees slowrunoffandholdsoilinplace.
Ord.No.29-14-2207
vii)Trees addto the aesthetic ofan area andas landmarks cangivea neighborhood anew
identity and encourage civic pride,
viii)Trees provide a canopy and habitat for wildlife,
ix)Trees increase property values.
x)Trees can increase business activity.Studies have shown that the more trees and
landscaping a business district has,the more business willflowin.A tree-lined street will also
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 ofthis section isto declare that the policyof the Cityof South Miamiisto
protect and nurture trees,encourage the planting and preservation of trees,and assure that the
design and construction of all development activity is executed ina manner consistent with the
preservation of existing trees to the greatest extent possible;to ensure that the applicant takes all
steps reasonably necessary to preserve or relocate existing trees prior to receiving a permit,and
to:
i)Establishand maintain the maximum amount of tree cover onpublicand private landsin
the cityby prohibiting the destruction and removal of trees except in accordance with the
standards set forth in this article;
ii)Maintainall trees in the citytobe healthy and nonhazardous condition through
professionally accepted arboricultural practices andin compliance with the provisions ofthis
tree protection ordinance,and the established standards of the Chapter 24of the code of
Miami-Dade County
iii)Establishandreviseas necessary standards for the plantingand maintenance of trees so
as to improve the economic base of the cityby improving property values,to enhance the
visualqualityof the cityandits neighborhoods andto improve public health bylesseningair
pollution;
iv)Minimizehazardsand damage to streets andsidewalksandlessenpublicrights-of-way
maintenance costs;
v)Providefor the designation andadditional protection of heritage and specimen trees;
Promote efficient and cost-effective management of the urban forest through the
development ofa comprehensive long-rangeurban forest master plan;and
vi)Provide latitude in the interpretation andapplicationofcity administrative rules,
standards and guidelines when reasonable and necessary to implement this section and
minimize the destruction of trees.
B.Definitions.For the purpose ofthis section,the following definitions shallapply:
(1)Applicant:Apersonwhoistheowner,authorizedagentoftheowner,lesseeofapropertyunder
a written lease,orwhois authorized toapplyforabuildingpermitfor the subject property.
(2)Arborist,Certified:Onewhois well-versed intheartof arboriculture,including tree surgery,the
prevention and cure of tree diseases,and the control of insects,and who has a current
International Society of Arboriculture (ISA)Arborist Certification.
(3)Branch Collar:Trunk tissue that forms around the base of a branch.
(4)Breast Height:A measurement takenataheightfourandone-halffeetabovegrade.
(5)Caliper:For treesunderfour (4)inches indiameter,thetrunkdiametermeasuredataheightof six
(6)inchesabovenaturalgrade.Fortreesfour(4)inchesand greater indiameter,thetrunk
diametermeasuredattwelve (12)inchesabovenaturalgrade.(Perchapter 18A MDC landscape
code).
Ord.No.29-14-2207
(6)Champion Tree:A tree that is the largest of its species,including those trees that have been
designated by the Florida Department of Agriculture and Consumer Services,or its successor
department that controls and/or regulates Florida forests (hereinafter referred to as the
"Department of Agriculture"),asaFlorida champion tree.
(7)Controlled tree and shrub species:Species that tend to become nuisances because of their ability
to invade proximal native plant communities or native inhabitants,but which,if located and
cultivated properly,may be useful or functional as elements of landscape design.This section
incorporates by reference the Miami-Dade County LandscapeManuallisting of controlled tree
species and as may be amended from time to time.
(8)Crown:The upper branches of the tree canopy.
(9)Crown Width:The width of the crown atits widest point measured onaplaneparallelto the
ground.
(10)Developed land:Land upon which structures orfacilities have been constructed.
(11)Diameter (DBH):The diameter of a tree's trunk measured ata height fourand one-half feet
above grade.In the case of multiple-trunk trees,the DBH shallbe determined using the following
formula which produces the diameter of acircle of equivalent cross-sectional area to the smaller
circles of the multiple trunks:(square root of (forall trunks,the sum of (the circumference of each
trunk squared)))divided by"pi"(3.14).
(12)Dripline shall mean animaginaryverticalline extending from the outermost horizontal
circumference of a tree's branches to the ground.
(13)Drop-crotch Pruning:Aspecifictypeofpruningdesignedtoproperlyreduce the size of trees and
definedby the InternationalSocietyofArboriculture (ISA)standards,orany subsequent
amendments thereto.
(14)Effectively destroy shall meanthe girdling,or damaging ofatree'strunk,branchorrootsystem
or cutting,pruning or trimming not done in accordance with the most recent American National
Standards (ANSI)A-300Standard Practices forTree Care OperationspursuanttoChapter4of the
Miami-Dade County Code..
(15)Equivalent Replacement:Atree,whichduetothe condition,sizeandvalueofthe previous or
existing tree,is determined by the Citytobe,orto become within5years,equivalent to the tree
to be removed.
(16)Equivalent Value:Anamountofmoney which reflects the replacement costofatree,(including
transportation,plantingand the initialyears maintenance toinsuresurvival)basedonitssize,
condition,location,the marketvalueand specifically the InternationalSociety of Arboriculture
(ISA)tree evaluation formula.
(17)Exotic Tree Species:Aplantspeciesthathasbeen introduced to Florida byhuman action andis
definedinthis ordinance asa non-native speciesorby Miami-Dade County asa non-native
species.
(18)Florida Number 1 Grade or equivalent shall meanthe classification ofthe quality ofa nursery
plantas published in Grades and Standards for Nursery Plants,Part II,Fla.Dept.of Agriculture and
Consumer Services,Division of PlantIndustry.
Ord.No.29-14-2207
(19)Girdling:The cutting through the outer surface of a tree deeply enough to completely sever the
cambium around the entire circumference of the tree's trunk,or of a branch of the tree,
sufficiently enough to prevent or hinder the normal growth or survival of the tree.
(20)Grade:The ground level of a subject property,the measurement of the degree of riseor descent
of a sloping surface or,in reference to a point of measurement of a tree,the ground level
surrounding the outside of a hole into which a tree is,oris intended to be,planted.
(21)Hat-racking:Theflat cutting of the top of a tree,severing the mainleaderor supporting leaders,
andora process to flat-cut the top of a tree or to remove more than one-third of the tree crown.
(22)HeritageTree:A designation givenpursuanttoanactionby the City Commission.TheCity
Commission can grant HeritageTree status in any of the following categories:
(a)Champion Size:Tree that is the largest of its species.
(b)SignificantSize:Tree worthy of recognitionforsize,but not the largest of its species.
(c)Historically/CulturallySignificant:Treesspecifically associated with historical dates,events,
people,and city landmarks.
(23)LandscapeManual:The Miami-Dade CountyLandscapeManual ("MDC LandscapeManual),
whichisin effect now,oras amended in the future,as the officiallandscapemanualissuedby
Miami-DadeCounty,Florida.The MDC LandscapeManualis hereby adopted by the Cityand
incorporated herein by reference,providing that in the event of an express conflict between the
MDC Landscape Manualand this section,the latter shallprevail.
(24)Large SizeTree:A tree of anyage,witha mature height of 40 feet or more anda mature crown
wider than 22 feet.
(25)Maintenanceand Protection:Theactofenhancingtheviabilityofaplant,including all marking,
watering,pruning,spraying,injecting,fertilizing,treating,bracing,aswellas the performance of
surgical work and/or cutting above or below the ground.
(26)MediumSizeTree:A tree of anyage,witha mature height of between 26 feet and39feet,a
mature crown between 15 feet and 22 feet.
(27)Mitigation:Thosemeasuresnecessarytorestoretreecoverage,crown,orcanopywhichhave
been effectively destroyed,or that were removed with or without authorization under this
ordinance.
(28)Nativeplantspecies shall meanaplantspecieswithageographicdistributionindigenousto all or
partof Miami-Dade County.Plants whicharedescribedasbeingnativeto Miami-Dade Countyin
botanicalmanualssuchas,butnotlimitedto,"A Flora of Tropical Florida"byLongand Lakela and
"The Biology ofTreesNativeto Tropical Florida"by P.B.Tomlinson,arenativeplantspecieswithin
the meaning of this definition asmaybe amended orreplacedfrom time to time.
(29)Natural Forest Community shall mean all assemblagesofvegetationdesignatedas Natural Forest
Communitiesonthe Miami-Dade County Natural Forest CommunityMapsandapprovedbythe
Board of County Commissioners,pursuant to Resolution No.R-1764-84 and further defined in
Section24-3 of the Miami-DadeCountyCodeasmaybe amended orreplacedfrom time to time
(30)Nonviable:Notcapableof living orof providing the ecological oraestheticqualities associated
with a healthy functioning tree.
Ord.No.29-14-2207
(31)Nuisance Plant Species:Any tree or shrub orpart thereof growing upon private orpublic property
which is determined by the Cityto endanger the health,safety and/or general welfare of the City
and/or its residents and/or its business owners,operators or customers.
(32)Person:Anyindividual,legal entity orany association of individuals and/or legal entities.
(33)Prohibited Plant Species:Those plant species that are detrimental to native plants,native wildlife,
ecosystems,or to human health and/or safety and welfare aswellas those species that arelisted
as prohibited species in the Miami-Dade County Landscape Manual.Also referring to trees that
are exempt from the general tree protection requirements of this section 20-4.5 and 20-4.5.1.
(34)Protected Tree:A tree with a minimum caliper of one and one half inches in diameter aslistedin
the Miami-Dade County Landscape Manual as amended.
(35)Protective Barrier:Protective barrier shall mean a temporary fence or structure built to restrict
passage into anarea surrounding a tree or stand of trees for the purpose of preventing any
disturbance to the roots,trunk,or branches of the tree(s).
(36)Pruning/Trimming:Theremoving of plantparts,deadoralive,ina manner soasnottodamage
other parts of the plant.The selective cutting of tree/plant parts to encourage new growth or
better flowering;to remove old stems or deadwood;orto shape trees according to ANSIA300
Standards.
(37)Public Area:IncludesallPublicright of ways,parksand other lands owned orleasedby the City.
(38)PublicRight of Way:Includesallpublic streets,roads,boulevards,alleysandsidewalks.
(39)Roots/RootSystems:Thepartsofthetreecontainingtheorgans that extractwater,gasesand
nutrients from the soil.
(40)Shade Tree:Any tree which,when mature,hasa crown width that isat least two-thirds of the
tree's height.
(41)Site Plan:Acomprehensive plan drawntoscale indicating landelevations,public rightsofway
includingroadways,and the locationof all relevantexistingandproposedsite improvements
includingstructures,parking,other pavedareas,ingressandegressdrives,landscapedopenspace
and signage.
(42)Small Tree:Atreewithaheightof25feetorsmallerwhenfullymature,andwithamature
canopy smaller than 15 feet.
(43)Sound Nursery Practices:The various procedures involved in landscape nurseryworkthatarein
compliance with the Florida Department of Agricultureand Consumer Services standards.
(44)Spread:Thegreatest horizontal dimensionofthebranchesand foliage ofatree.
(45)Stem:The primary trunkwhichisthe main upward axis ofatreethatsupports branches and
leavesabovetheground,servingtosupportthetreeandtotransportandstorewaterand
nutrients.
(46)Specimen Tree:Atreewitha DBH of18 inches or greater.Dade County Pines of DBH exceeding
12"or Cabbage Palms withtrunksgreaterthan6feet.The following typesoftreesthat meet
these criteriashall not be considered specimen trees:
(a)Non-native species of the genus Ficus.;
(b)All multi-trunk treesinthe palm family,exceptthe Paurotis palm (Accelorrhaphe wrightii)
(c)All nuisance plant species.
Ord.No.29-14-2207
(d)Prohibited plant species.
(e)Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible
fruit,including,but not limited to,mangoes,avocados,or species of citrus
(47)Temporary Shade Tree:A tree ina landscape plan planted to provide temporary shade until
adjacent trees reach maturity may be designated asa "temporary shade tree",and may be
trimmed back or removed at such time as the surrounding trees require additional access to
sunlight.
(48)Topping:The flat cutting of the top ofa tree,severing the main leader or supporting leaders,and
or a process to flat-cut the top ofa tree or to remove more than one-third of the tree crown.
(49)Tree:Any self-supporting perennial woody plant that,at full maturity,hasa DBH of six or more
inches with a minimum fully mature height of 12 feet above grade.
(50)Tree Abuse:Tree abuse shall include:
(a)Damageinflicteduponany part ofa tree,including the root system,bymachinery,
construction equipment,cambium layer penetration,storage of materials,soil compaction,
excavation,chemical application orspillage 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)Tearsandsplittingoflimb ends orpeelingandstrippingofbarkresultingfrom improper
pruning techniques not in accordance with the current ANSI A300 Standards;or
(e)Excessive root cutting;or
(f)Damageinflictedtoor cutting upona tree which permits infection or pest infestation;or
(g)Cuttinguponany tree whichsignificantly destroys its natural shape;or
(h)Useofclimbing spikes;or
(i)Any pruning that is contrary to the practices established by the NationalArboristAssociation;or
(j)Any act that would cause a tree to become nonviable.
(51)Tree Rempval:Directly orindirectlycuttingdown,poisoning,destroying,removing,oreffectively
destroying (through damaging,trimming,authorizingorallowing cutting down,destroying,or
removing)any tree.
(52)Tree Relocation:Movingan established tree from one location to another ina manner that
assures long-term viability.
(53)TreePermit:Thecitypermitrequiredfortreeremoval,relocation,trimmingorpruningofan
existing tree.
(54)Treeserviceorarborist:Any person,company,corporationorservice,which,forcompensation,
performs tree maintenance and protection.
C.Elements of Compliance.
(1)All propertywithinthecity shall besubjecttothe following regulationsexceptas specifically
exempted.Noparcelwithin the citymaybecleared,grubbed,filledorexcavated,norshallany
building bedemolished,alteredorreconstructedinamannerwhich negatively impactsregulated
trees,changesthesiteplan,siteuseorincreasestheimpervioussurfaceareaexceptin
compliance withthis section 20-4.5andsection20-4.5.1.Requirements of these sections and
Section20-3.5donot exempt property ownersfromcompliancewithany other sectionofthe
City's CodeofOrdinanceand Land Development Code.However,the City shallbeexemptfrom
Ord.No.29-14-2207
the tree removal,relocation,pruning and trimming posting requirements for projects involving
City property or Rights of Way.
(2)All trees required or permitted tobe planted pursuant to the requirements in this ordinance shall
be selected from the South Miami tree list.Tree species not appearing on the South Miami tree
list may be planted only with prior approval of the city manager or designee.Developments
which require 16 or more shade trees shall have at least four different high quality shade tree
species.The applicant or landscape contractor shall schedule an on-site meeting with the city
manager or designee prior to the installation of any trees or shrubs to ensure compatibility with
infrastructure and compliance with landscape code requirements.
(3)Where required shade trees are expected toconflictwith planned solar energy generation,
developments or property owners may compensate for the required trees by proper pruning or
relocating them to a designated area or preserving an equal number of existing high-quality shade
trees elsewhere on the site.These trees shallbe located so that they can grow to maturity
without obstructing the planned generation of solar energy,and the area where they are planted
or preserved shallbe delineated and noted asa "designated tree area(s)"on the site plans.
D.Landscaping Requirements -Applicability.Section20-4.5shallapplytoallpublicandprivate
development when abuilding permit is required,except for the following:
(1)Bonafideagriculturalactivities:Any property receivinganagriculturalclassificationand
assessment pursuant to Section 193.461 of the Florida Statutes,substantiated byaplan submitted
indicating the area with the agricultural classification.
(2)Therequirementsof§20-4.5.1(Q)shallnotapplytoexisting attached and detached single-family
and duplex dwellings.
(3)Parking lotbuffers will notberequirediftheycausethe elimination ofanyrequired parking
pursuant to this code.
(4)Routine maintenance suchasre-roofingandpaintingshallnotbe considered external alterations
forSection20-4.5 requirements;however,re-roofingandpaintingis considered an external
alteration under other provisionsofthisCodeandmayrequire the approvalof the ERPB and/or a
permit.
E.Landscape Requirements -Submittals.All submittedlandscapeplans,irrigation plans,tree surveys
andotherrequiredsubmittalsmustmeetthe approval criteriaofthe Planning and Zoning Department,
(hereinafterreferredtoasthe "Planning Department")priortoissuanceofpermits.
(1)Minimum submittal criteria.All landscape plansmustbedrawntoscaleandhaveanortharrow,
andaccuratelydepictall buildings,pavement,on-site facilities,utilitiesand lighting systems.The
landscape drawing or accompanying developmentplanmust give thepermitteduseofadjacent
parcelsand the total square footage ofall pavement on-site.Stormwater basinsshallbe
designated aseitherwetor dry.Aplant schedule shall be provided showing the botanical name,
size,spacingandnumberofallrequiredplantmaterials.Architecturalsymbolsdepicting trees to
beinstalledshallnotexceedthescaleequivalentoffivefeetin diameter withasolidline;a
hatched line aroundthe solid line shall showtheexpectedcanopy dimension after20yearsas
identifiedintheSouth Miami tree list.Any nativetreeorshrubmaybesubstitutedforthe
identified plantwithcitystaff approval,provided thatthetreeorshrubisadaptabletothe
amountofsun/shade,wet/dryand size conditions whereit will beplanted.Changing tree species
shallnot diminish thetotalnumberof high qualityshade trees intheirrequiredlocations.Plant
Ord.No.29-14-2207
material shown in addition to the required elements of the landscape plan may belabeledas
optional and shall not be subject to inspection.
(2)Designprinciplesandstandards.Alllandscapedareasrequiredbythisarticleshall conform to the
following general guidelines:
(a)The preservation of structurallysoundnative trees of highquality shade tree species and
shrubs is strongly encouraged tomaintain healthy,variedand 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)Thelandscapingplanshould integrate the elements of the proposed development with
existing topography,hydrology andsoilsin order to prevent adverse impacts suchas
sedimentation of surface waters,erosion and dust.
(c)Thefunctional elements of the development plan,particularly the drainage systems and
internal circulation systems for vehicles and pedestrians,should be integrated into the
landscape plan.The landscaped areas should be integrated,especially to promote the
continuity of on-site and off-site open space and greenway systems,and to enhance
environmental features.
(d)The selection and placement of landscapingmaterialsshould maximize the conservation of
energy through shading of buildings,streets,pedestrian ways,bikeways andparkingareas.
Where possible,shade trees shouldbeplantedalonginternalsidewalks that connect buildings
to the street sidewalk and to other buildings on the site.
(e)Landscaping designshouldconsidertheaestheticandfunctionalaspectsofvegetation,both
when initiallyinstalledand when the vegetation hasreached maturity.Newlyinstalledplants
shouldbeplacedatintervalsappropriatetotheir expected functionas short-term orlong-term
elements.Thenaturalandvisual environment shouldbe enhanced through the use of
materialswhichachieveavarietywith respect toseasonalchanges,species of living material
selected,textures,colorsandsizeat maturity.
(f)Theplacementoftreesaround buildings shouldpermitaccessto the building byemergency
vehicles.
(g)The installation of invasive nonnativespeciesisprohibitedasis installation ofanyspecies
labeledas"Prohibited"inthemostrecentlypublishedversionof the Miami-Dade County
Landscape Manual.
(3)Landscape Plans.
(a)Owner-builderSingle Family or Duplex Dwelling:Landscape plans submitted fornewone
family orduplex dwellings maybeintheformofplot plans or drawings prepared bytheowner
or the owner'srepresentative,providedhowever,developments requiring site plan review
shall meet with the requirements of thesectionbelowandwithChapter481,Florida Statutes.
(b)All Other Development:Landscape plans fordevelopmentotherthan provided forunder (a)
above,shall be prepared by,andbearthesealof,a landscape architect licensed to practice in
theStateof Florida,orbypersons authorized to prepare landscape plans or drawings under
Chapter481,Florida Statutes.Preliminary landscapeplans shall beprovidedaspartofthe
submission for site planapproval.Suchplansshall:
i.Bedrawntoscalewith dimensions andinclude property boundaries,northarrow,
graphic scale,and date;
ii.Include avegetation survey,including an aerial photograph whichoutlinesthesubject
site,provided at the same scaleas landscape plan(s);
Ord.No.29-14-2207
iii.Delineate existing and proposed structures,parking spaces,and other vehicular use
areas,sidewalks,utilities,easements,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 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 lotarea,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 shallincludeall of the above,aswellas the following:
xii.Afully completed,permanently affixed "Landscape Legend";
xiii.Delineate critical layout dimensions for trees,plant beds and landscape features;
xiv.Delineate method(s)to protect and relocate trees and native plant communities during
construction;
xv.Delineate planting details and specifications;
xvi.Delineate irrigationplans,as may be required by the zoning district;
xvii.Delineate irrigation details and specifications,as required above;and,
xviii.Includea notarized "Preparer's Certification of Landscape Compliance"at time of final
inspection;
xix.Include a Grading plan.
(4)Vegetation Survey.
(a)Avegetationsurvey shall beprovidedfor all sitesatthesamescaleasthe landscape plan.The
vegetation survey shallbe accompanied byanaerial photograph which outlines the subject site
without obscuringitsfeatures.The vegetation surveyshallprovide the followinginformation:
i.Theaccuratelocationandgraphic representation,inrelationtoexisting development of
allexisting trees ofaminimumtwo(2)inch DBH or ten (10)footheight,orfornative
trees,ofaminimumoneandone-half (134)DBH oreight (8)footheight,including those
whichare proposed tobe removed,relocatedor preserved onsiteinaccordancewith
the requirements of this section 20-4.5and section 20-4.5.1;
ii.Theboundariesofanynativehabitat,nativeplantcommunity,nativeplantspecies,
and/or Natural Forest Communityand associated understorythatexistsonsite,as
determined byChapter24ofthecodeof Miami-Dade County.
iii.A table showing the following information:
a.Thescientificand common name of each tree,each of whichshallbe numbered;
b.Thediameteratbreastheight (DBH)ofeachtree,orifamultipletrunktree,thesum
DBHforall trunks;and,
c.An estimate of the height,canopy cover,andphysical condition of each tree,and
whether specimen tree(s)exist on the site.
Ord.No.29-14-2207
(5)Irrigation Plans.TheCity encourages xeriscape landscaping,however,if irrigation is planned,any
irrigation plans shall be submitted whenever a landscape plan is required.
(a)Fora 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)AII Other Development:Irrigation plans shallbe submitted with the initial,master building
plans.Such plans shall:
i.Be drawn ona base plan to same scale as landscape plans(s);
ii.Delineate landscape areas,major landscape features and plant material zones
(hydrozones),if applicable;
iii.Delineate existing and proposed structures,parking areas or other vehicular use areas,
access aisles,sidewalks,driveways,the location of utilities and easements,and similar
features;
iv.Include water source,design operating pressure and flow rate per zone,total volume
required for typical depths of application,and application rate;and,
v.Include locations of pipes,controllers,valves,sprinklers,back flow prevention devices,
and electrical supply,
vi.Irrigation details.
F.Landscape Requirements.Thefollowing standards shallbe considered the minimum requirements
unless otherwise indicated:
(1)Lawn area (turf).
(a)Forall residential andmixeduses,lawn area shallbelimitedtoamaximumofsixty(60)percent
of the required landscaped open space,as required inSection20-3.5.In residential zoning
districts where landscaped open space is not specified,lawn area shallbe restricted to a
maximum of fifty(50)percent of the net lot area.
(b)For all office,commercial,and industrial uses,lawn area shallbe limited to a maximum of
twenty (20)percent of the required landscaped open space,as required inSection20-3.5.
Where landscape open space is not specified,lawn area shallbe restricted to a maximum of
twenty (20)percent of the netlotarealesstheareacoveredbybuildings.Very drought
tolerant grasses andlowgrowingnativeplantspecies,including grasses andforbs,as
referenced in the LandscapeManual,maybeusedas groundcover beyond the maximum
permitted grass area.
(c)Grassareasshallbeplantedinspecies well adaptedto localized growing conditionsin Miami-
DadeCounty.Grassareasmaybesodded,plugged,sprigged,hydromulched,or seeded,except
that solidsodshallbeusedinswalesor other areas subject to erosion.In areas where other
than solidsoldorgrass seed isused,over-seeding shallbesownfor immediate effect and
protection until coverage is otherwise achieved.
(d)Exclusions frommaximum permitted lawnareas:
i.Stabilized grass areas used forparking;
ii.Grassed areas designated onlandscapeplansandactivelyusedfor sports,playgroundsor
picnic areas;
iii.Grassed areas in the right-of-way;and,
iv.Stormwater retention/detention areasplantedingrasseswhichareverydrought
tolerant,as referenced in the Landscape Manual,aswellas tolerant to wet soils.
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Ord.No.29-14-2207
(2)Irrigation.Anirrigation system,orareadily available water supply within a distance of 100 feet,
shallbe supplied forall landscaped areas.An automatic irrigation system shallbe provided for
development,if the total area of impervious surfaces devoted to vehicular use areas exceeds
10,000 square feet.Such irrigation shall promote water conservation by such methods asdrip
irrigation and/or efficient sprinkler zoning,aswellas reducing the amount of irrigationas plants
become established.Each required tree shallbe served byadripringor bubblers or other
appropriate means necessary to ensure that the entire rootball is irrigated.The irrigation system
shall be designed and located to minimize the watering of impervious surfaces.Successful
establishment of trees should occur within one year.After that time,use of the automatic
irrigation system may be discontinued.All required trees that dieshall be replaced in the same
manner and as required for mitigation of trees that are removed,and replanted trees shall be
irrigated for at least one year.
(a)All newly-planted and relocated plant material shallbe watered by temporary or permanent
irrigation systems until such time as they are established.
(b)Irrigationshallbe prohibited within native plant communities and natural forest communities,
except for temporary systems needed to establish newly planted material.Temporary
irrigation systems shallbe disconnected immediately after the establishment of plant
communities.
(c)Irrigation systems shallbe designed to conserve water byallowing differential operation
schedules based on hydrozone.
(d)Irrigation systems shallbe designed,operated,and maintained to not overthrow or overflow
on-to impervious surfaces.
(e)Low trajectory sprayheads,and/or low volume water distributingorapplicationdevices,shall
be used.Overhead irrigation systems shallonlybe permitted in bonafide agricultural activity
areas.
(f)During dryperiods,irrigationapplicationrates of between one (1)and one and one-half (1.5)
inches per week are recommended for turf areas.
(g)A moisture orrainsensordeviceshallberequiredon all irrigation systems equipped with
automatic controls,
(h)Irrigation systems shallbe timed tooperateonlyduringhoursandondays permitted in
Chapter 32,Code of MiamiDade County,
(i)Ifan irrigation system isnotprovided,ahosebib shall beprovidedwithinseventy-five(75)feet
of any landscape area.
(3)Shading RequirementsforStructuresandA/C Units.Trees shall beplantedtoprovideshadeto
residentialstructures that arethirty-five (35)feetinheightorless.Atleast two requiredlottrees
shall bepositionedintheenergyconservationzoneasdefinedherein.All exteriorair conditioning
units,except forairconditioningunits placed on the roof,shallbeshadedby trees and/or shrubs,
as referenced in the Landscape Manual.
(4)Site Trees.Tree permits or natural forest community vegetation removal permits are required
prior toremovaloftrees,specimentrees,oranyvegetationina natural forestcommunity,
respectively,pursuant to 20-4.5.1.
(a)Treesize:All trees,exceptstreettrees,andtreeslocatedbeneathpowerlines shall bea
minimumoften (10)feet high andhaveaminimum caliper oftwo (2)inchesattimeof planting
exceptthatthirty (30)percentofthetreerequirementmaybe met bynativespecieswitha
minimumheightofeight (8)feetandaminimumcaliperofoneandone-half (VA)inchesat
time of planting.
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Ord.No.29-14-2207
(b)Minimum number of trees:Theminimum number of trees required under Section 20-4.5for
landscape plan submittals shall be as follows:
TABLE A
Zoning Districts (and proposed districts)No.of Trees Required per Net Acre or Lot
RS-1,RS-2 9 trees per acre of net lot area
RS-3,RS-4,RS-5 3 per lot
RT-6,RT-9,RM-18,RM-24,LO,MO 28 trees per acre of net lot area
NR,SR,GR,PI,H,TODD,22 trees per acre of net lot area
1(Industrial)15 trees per net acre of lot area
(c)Existing trees onsite required tobe preserved bylawand that meet the size requirements in
(a)above maybe counted toward fulfilling the minimum tree requirements.
(d)lnadditionto the number of trees indicatedinTable A,additional trees (street trees)maybe
required as provided in the previous sub-section,entitled Street Trees.
(e)Grassed areas tobeusedfororganized sports asfootball,soccer or other similar sports or
playgrounds that are clearly identified on landscape plans shall not be counted toward
calculating tree requirements.
(f)Prohibitedand controlled plantspeciesshallnotbe counted toward fulfilling the minimum tree
requirements.Property owners shallbe encouraged to remove prohibited and controlled plant
species.Prohibited and controlled plant species shallbe removed from the property before a
permit for construction (other than forrenovationsof50 percent orlessofanexisting
structure)isissued,andifissued,noworkshallbe permitted untilall prohibited and controlled
plant species are removed from the site.
(g)Fifty (50)percent of the required trees and/or palmsshallbenativespecies.
(h)ln order to prevent adverseenvironmentalimpactstoexistingnativeplantcommunities,
existingCabbagePalms (Sabal palmetto)maybeusedtosatisfyminimum tree andnativeplant
requirements,except that CabbagePalmswhichare rescued from government approved donor
sites,transplanted within the site,orcommerciallygrownfrom seed shallbe counted towards
the minimum tree andnative plant requirements.
(i)Consideration shallbegiventotheselectionoftrees,plantsandplantingsitetoavoidserious
problemssuchascloggedsewers,crackedsidewalks,and power service interruptions.
(5)ShrubsandHedges minimum standardsforsize,numberandvariety.
(a)Shrubs shall be provided ataratiooften (10)per required tree,howeverthe City may
determine that basedonthe cumulative landscaping onsite,theratio often (10)perrequired
tree maybe reduced tonoless than five(5)per required tree.All shrubs shallbeminimumof
eighteen(18)inchesinheightwhenmeasuredimmediatelyafterplanting.
(b)When usedasa visual screen,buffer,or hedge,shrubs shall beplanted,asrequiredunder§20-
4.5 (F)and §20-4.5 (G),ata maximum spacing ofthirty (30)incheson-center,orifplantedata
minimumheightofthirty-six(36)inches,shallhaveamaximum,average spacingofforty-eight
(48)inches on-center andshallbemaintainedsoastoformacontinuous,unbroken,andsolid
visualscreenwithinamaximumofoneyearaftertimeofplanting.
(c)Shrubsandhedgesshallnotbe necessarily ofthesamespecies.
(d)Thirty (30)percentofshrubsandhedgesshallbenativespecies.
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Ord.No.29-14-2207
(6)Vines minimum standards forsizeand uses.Vinesshallbea minimum of twelve (12)inches in
length immediately after planting and may be used in conjunction with fences,screens,orwalls to
meet physical barrier requirements as specified.Planting of perimeter walls with vines is
recommended asa deterrent to painting of graffiti.
(7)GroundCovers minimum standards survivaland hedge replacement.Ground cover plants usedin
lieu of grass,in whole orinpart,shallbe planted insucha manner as to present afinished
appearance and reasonable complete coverage within one (1)year after planting.
(8)Mulch minimum standards for depth andrequireduse.
(a)Weed-free mulchshallbeappliedand maintained ina minimum three (3)inchlayer under and
aroundall trees andshrubs,andina minimum two (2)inchlayer under andaroundallground
cover.
(b)The use of mulch shallbe restricted toplantingareas.
(c)Cypress mulch shall not beused because its harvest degrades cypress wetlands.
(9)Buffers Between DissimilarLandUsesadditional requirements.
(a)AdditionalRequirementfor Six-Foot Screening:Where dissimilar landusesexistonadjacent
properties,and where suchareaswillnotbe entirely visually screened byan intervening
buildingor structure from abutting property,that portion of sucharea not so screened shallbe
providedwitha buffer consisting of asix(6)footwallorfence with alife expectancy of atleast
ten (10)years,or shrubs whichnormallygrowtoa minimum height of six(6)feet.
(b)IncreasedStandardsforHedge Size/Spacing:Wherechainlinkfencingis permitted,shrubs shall
alsoberequired.Shrubsusedasabuffershallbea minimum of thirty(30)inchesinheightat
time of planting,andshallbeplantedata maximum spacing of thirty-six(36)incheson center,
ora minimum of thirty-six(36)inchesinheightat time of plantingandplantedata maximum
average spacing of forty-eight (48)inches on center.Said buffer shallforma continuous screen
between the dissimilar landuseswithinone(1)yearafterplanting.
(c)AdditionalTreesRequiredin Buffers:Buffersscreeningdissimilarusesshallincludetrees
plantedatamaximumspacingofthirty-five(35)feeton center withinaminimumfive(5)foot
landscaped strip.
(10)Parking Lot Buffers.All parking lotsadjacentto rights-of-way or private streets shall bescreened
byacontinuous planting and/orthree (3)foot high wall withaseven (7)foot landscaped strip
incorporating said planting and/or wall on private property.Planting material attimeof planting
shall beeitheraminimumheightofeighteen (18)inches,witha maximum average spacing of
thirty (30)inches oncenterora minimum height of thirty-six (36)inches witha maximum average
spacing of forty-eight (48)inches on center.
(11)Landscaped Areasin Parking Lots toexceedopenspacerequirements.
(a)Ten (10)square feetof landscaped area per parking space shall be provided within a parking
lot.In orderto maximize the distribution of shade,trees shall be planted throughoutthe
interior ofthe parking lotata minimum densityofonetreepereighty (80)square feetof
landscaped area,exclusiveof parking lotbuffers.Planting areasforeachtree shall havea
minimumwidth of five(5)feet,exclusive of the curbdimension,andshallbeplantedor
covered with other landscape materials.
(b)This requirement is in addition to applicable required open space.Planting areas shall bea
minimum of twenty-five (25)square feet.
(12)PlantQuality minimum standards.
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Ord.No.29-14-2207
(a)All plants installed shall conform to,or exceed,the minimum standards for Florida Number
Oneasprovidedin the most currenteditionof"GradesandStandardsforNurseryPlants,Part I
and II,"preparedby the State of Florida Department of Agricultureand Consumer Services.
(b)Trees installed pursuanttothissection shall haveone primary vertical trunkand secondary
branchesfree of includedbarkuptoaheightofsix(6)feetabovenaturalgrade.
(13)Prohibitions.
(a)Prohibited Plant Species shall notbeplantedand shall beremovedfromanysitewhichis
subject to the requirements of this ordinance.
(b)Controlled Plant Specieslistedinthe Miami-Dade County Landscape Manual on the effective
date of thisordinance shall notbeplantedwithin500feet of nativeplant communities as
definedpursuanttoSection18-3,Codeof Miami-Dade County,Florida asmaybeamendedor
replacedfrom time totime.Additionally,theexoticpestplantandnuisancespecies,with
scientific nomenclature as set forthin Wunderlin,RichardP.andHansen,Bruce F.,Guideto the
VascularPlants of Florida,2nd Ed.University of Florida Press,Gainesville,FL.(2003),maynot
besold,propagatedorplantedanywherein Miami-Dade County.Ifpresentona development
or redevelopment site,suchplants shall beremovedpriorto development or redevelopment,
andtheirsale,propagation,planting,importationortransportation shall beprohibited.
Pursuant to this subsection andin accordance with Chapter 19 of the Code of Miami-Dade
County,Florida,developed sitesshallbe maintained to prevent the growth or accumulation of
prohibitedplant species includinggrass,weeds and non-native undergrowth.
(c)West Indian Mahogany (Swietenia mahagoni)shall notbeplantedwithinfivehundred (500)
feet of arockland hammock orpinerockland.
(d)TreeAbuseisprohibited.Abusedtrees shall notbecountedtoward fulfilling theminimumtree
requirements.
(14)Pruning Treesshallbeprunedin the following manner:
(a)Allcutsshallbeclean,flushandatjunctions,lateralsor crotches.Allcutsshallbe made asclose
aspossibleto the trunkorparentlimb,withoutcuttinginto the branch collar or leaving a
protruding stub.
(b)Removal of deadwood,crossingbranches,weakorinsignificantbranches,andsuckersshallbe
accomplished simultaneously with any reduction in crown.
(c)Cutting of lateral branches that results in the removal of more than one-third of all branches on
onesideofatree shall onlybeallowedif required for hazard reductionor clearance pruning.
(d)Lifting ofbranchesortreethinning shall bedesignedtodistributeoverhalfofthe tree massin
the lower two-thirds (2/3)of the tree.
(e)Trees shallbeprunedin the followingmanner:
(i)Cutting of lateral branches that results inthe removal ofmorethanonethird(1/3)of all
branchesonone(1)side of a tree shallonlybeallowedifrequiredforhazardreduction
or clearance pruning,
(ii)Nothing inthis section shall be construed to prevent the proper pruning or trimming of
treeswherenecessaryforproper landscape maintenanceandsafety,provided thatno
morethanonethird(1/3)ofthetree's living canopyor foliage isremovedinaoneyear
period,
(f)Trees shall be pruned according to current ANSI A300 Standards and the Miami-Dade County
Landscape Manual.
(15)Stormwater Retention/Detention Areas.
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Ord.No.29-14-2207
(a)Stormwater retention/detention areas shallbe designed to maximize the perimeter dimension,
where feasible,
(b)Stormwater retention/detention areas shallbe planted throughout with native herbaceous
facultative plants,with the following exceptions:
i.In areas that are designated and actively used forplay and/or picnic areas,overflow
parking,or sports shall be planted with grasses which are very drought tolerant,as
referenced in the Landscape Manual,as wellas tolerant to wet soils,
ii.In areas where the minimum required stormwater retention capacity would be
adversely affected.
(c)Theminimum required number ofnative herbaceous facultative plants shallbe one plant per
square foot of retention/detention area,including the slope.Minimum required herbaceous
plant container sizeshallbe one and one-half (1.5)inches,commonly referred to asaliner.
Sprigging,seeding,plugging,hydro-mulching or sodding with native herbaceous facultative
plants grown from local seed sources maybe used inlieuof liners.Herbaceous plants shallbe
planted insucha manner asto present afinished appearance and reasonably complete
coverage within one (1)year after planting.
(d)Nativefacultative trees orshrubsmaybeusedinlieuofnative herbaceous facultativeplants,
provided that the minimum required stormwater retention capacity is not adversely affected.
G.Landscape Requirements -City Standards forParkingLot Areas.All vehicular use areas,except those
whicharelocatedwithinor beneath structures and those servingsingle-familyortwo-familyresidential
uses,shallconformto the minimumlandscaping requirements ofthis sub-section.To ensure that required
landscapinginvehicularuse areas isusedtoits greatest potential inrelieving the monotony ofand
insuring circulation safety within such areas,the following standards are set forth:
(1)Interior Improvements.
(a)When the interiorofanyvehicularuseareaisdesignedforpurposes other thanoff-street
parking,suchasaservicestation,drive-inbankingordrive-throughretailing,anareaor
combination of areas equal tonotless than ten (10)per cent of the total vehicular use area,
exclusiveof perimeter landscapebuffers,shallbe devoted to interior landscaping.
(b)Whentheinteriorofanyvehicularuseareaisdesignedforoff-street parking purposes,the
following landscaping elements shallberequiredinlieuof percentage requirements:
i.Curbedterminalislandsshallbelocatedatbothendsofrowsofcontiguousspaces.
Suchislandsshallbenotlessthan five (5)feetinwidthandextendtheentirelengthof
thespaces.Each terminal island shallhaveatleastone (1)tree foreveryninety (90)
squarefeetofarea,orportionthereof,andbecoveredwithgrassorgroundcoveras
needed to meet requirements under §20-4.5(F).
ii.Curbed interior islands,which measure notless than five(5)feet inwidthand extend
theentirelengthofthe parking space,shallbelocatedwithinrowsofcontiguousspaces.
Thereshallbeatleastone(1)interiorislandforeveryeight(8)spaceswithineachrow.
Interior islands shallbeplacedat intervals ofnotlessthansix(6)normorethanten (10)
spaces,butshallnotberequiredinrowscontainingsix (6)contiguousspacesor less.
Each interior islandshallhaveatleastone(1)tree foreveryninety(90)squarefeetof
area,or portion thereof,andbe landscaped with grass or ground cover as needed to
meet requirements under §20-4.5(F)
iii.Interior islands neednotbe placed directly oppositeeach other wheninabutting
parkingrows.Any design arrangement whichrelievesmonotonyorincreasestree
coverage of the vehicular use area is permissible.
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Ord.No.29-14-2207
(2)Triangles of Visibility.
(a)All landscaping within required TrianglesofVisibility,as defined in§20-3.6(G),shall provide
unobstructed cross-visibility at a height of between three (3)and six(6)feet.
(b)Trees having over six(6)feet of clear trunk,withlimbsandfoliage trimmed insucha manner as
not to extend into Triangles of Visibility,shallbe permitted in said areas,provided that they in
no way create a traffic hazard.
(3)Wheel Stops (Bumpers)Required in Landscaped ParkingLot Areas.
(a)Landscaped areas shallbe protected from the overhang of parked vehicles.Where such
protection is necessary,reinforced concrete wheel stops or an approved continuous curbing of
not less than five(5)inches in height shallbe installed to prevent such overhang,
(b)Concrete wheel stops shallbe permanently anchored to the ground and located not less than
thirty (30)inches from landscaped areas,
(c)If the overhang area isleft unpaved,itshallbe landscaped according to this section and the
abutting required perimeter buffer or divider median may be four (4)feet in width.
H.Landscape Plans -Review Criteria.Landscape plans shallbe reviewed by the Planning Department in
accordance with the following goals and objectives,and the guidelines and illustrations provided in the
Miami Dade County Landscape Manuak
(1)Landscapedesignshall enhance architectural features,relate structure designto the site,visually
screen dissimilar uses and unsightly views,reduce noise impacts from major roadways and
incompatible uses,strengthen important vistas and reinforce neighboring site design and
architecture.
(2)Existing specimen trees,native vegetation (including canopy,understory,and ground cover)and
Natural Forest Communities shallbe preserved to the maximum extent possible,and pursuant to
the requirements of §20-4.5.1.
(3)In order to conserve water,reduce maintenance,and promote plant health,plant species shallbe
selected and installed based on their water needs,growth rate andsize,and resource inputs.
Plants with similar water needs shallbe grouped in hydrozones.Adequate growth area,based on
natural mature shape and sizeshallbe provided forall plant materials.
(4)Theplanshallinclude the useofnativeplantspeciesin order to reestablish an aesthetic regional
quality and take advantage of the unique diversity and adaptability of native species to the
environmental conditions of South Florida.Where feasible,the re-establishment of native habitats
shallbe incorporated into the landscape plan.
(5)Treesand shrubs shallbe planted in the energy conservation zone where feasible,in order to
reduce energy consumption by shading buildings and shallbe used to reduce heat island effects
by shading paved surfaces.
(6)Street trees shallbeusedto shade roadwaysandprovidevisual order.Where feasible,selected
species shallbeusedto establish aroadhierarchybydefining different road types.
(7)Special attention shallbegiventotheuseofappropriatespecieslocatedunderoradjacentto
overhead power lines,near nativeplant communities,and near underground utilitylines.
Adequate growth area shallbe provided forall plant materials.
(8)Landscaping shallbedesignedinsuchawayastoprovidesafeand unobstructed viewsat
intersections of roadways,driveways,recreational paths,and sidewalks in accordance with §20-
3.6(G).
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Ord.No.29-14-2207
(9)Historic landscapes and landscape features designated by the local,State,or the Federal
government shall be preserved.
I.Certificate of Compliance -Required Adjustment to Requirements Permitted.
(1)A Preparer's Certification of Landscape Compliance bearing the original letterhead of the
designing firm and licensing number shall be submitted to and approved by the Planning
Department,prior to issuance of any final Certificate of Occupancy,Certificate of Use and
Occupancy or Certificate of Completion.The Preparer's Certification of Landscape Compliance
shall contain a statement,signed and sealed by the landscape architect or by person(s)authorized
to prepare plans by Chapter 481,Florida Statutes,who prepared the approved plans,that the
landscape and irrigation plans have been implemented and that all requirements of Section 20-4.5
and 20-4.5.1 have been met.Any changes or substitutions to the approved planshallbe approved
by the original designing firm prior to the implementation of said changes and substitutions.All
changes or substitutions to the approved planshallbe noted on all copies.Changes and
substitutions of plant material shallbe of similar quality,quantity and size,as originally approved
and shall bein compliance with the intent and requirements of Section 20-4.5 and §20-4.5.1.
(2)Foranewsingle-family,duplex residence onitsownlotor applicable existing development,the
owner or owner's agent may certify in writing that landscape and irrigation have been installed
according to approved plan(s).
(3)ThePlanning Department shallhave the righttoinspectall projects forcompliancepriorto
issuance ofa Certificate of Occupancy,a Certificate ofUseand Occupancy,or a Certificate of
Completion.
(4)Ownersare responsible to ensure that landscaping required tobe planted pursuant toSection20-
4.5and§20.4.5.1,andall previous versions,now amended,is:(1)installed in compliance with the
landscape requirements;(2)maintained asto present ahealthy,vigorous,and neat appearance
freefromrefuseanddebris;and(3)sufficientlyfertilizedand watered tomaintain the plant
material ina healthy condition.If the rootsofa Ficus tree areshowntobeinvading the septic
systemordrainfieldofaneighboring property ordisturbinga structure,includingasidewalkor
roadway,the roots shallbe contained byan effective root barrier,or,if the barrier fails to contain
the roots,the tree shallberemovedandallsuchremedialactionshallbeat the expense ofthe
owner of the property where the trunk of the tree is located.
(5)Ifanytreeorplantdies which isbeingusedto satisfy currentlandscapecoderequirements,such
tree orplantshallbereplacedwith the samelandscapematerialoran approved substitute within
60daysofacomplaint.k
(6)The Planning Division shall withhold approval ofa final landscapeinspectionpriorto issuance of
the final Certificateof Occupancy,Certificate of Use and Occupancy,orCertificateof Completion
untila Preparer's Certification of LandscapeCompliance hasbeenapprovedbythe Division.
(7)The Environmental Review &Preservation Board [ERPB]may recommend tothe City Commission
adjustment to the requirements ofSections20-4.5 (F)&(E),and§20-4.5.1(Q);underthe
following procedures:
(a)The ERPB onreceiptof application foradjustmentof landscaping requirements shall havethe
authorityanddutytoconsiderandactuponsuch application.The application shall be filed by
theowneror tenant ofthepropertyconcerned,orbyauthorizedagentsasevidencedby
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Ord.No.29-14-2207
written power of attorney,on forms prescribed by the Planning Department and accompanied
by the ERPB application fee.
(b)In the application,the applicant shall state clearly and in detail what adjustment of landscaping
requirements are being requested and the reasons such adjustments are warranted,and shall
accompany the application with supplementary data,such as sketches,surveys and statistical
information to substantiate the adjustment.
(c)The ERPB may approve,modifyor deny the requested adjustment,but shall approve ormodify
such request only ifit determines that approval of any adjustment would not be contrary to
the public interest and would bein keeping with and would preserve the intent of Section 20-
4.5,and §20-4.5.1
(d)Procedures regarding Board actions and appeals from the decisions of the E.R.P.B.shallfollow
the regulations set forth in Section 20-6.2
SECTION 20-4.5.1 TREE PROTECTION
A.Tree Permit Applications,Requirements and Review,Fees.
Exceptas provided herein,no tree may be removed relocated,trimmed or pruned without a permit and
mitigation as provided forin this section whichmaybe issued or denied notwithstanding any
recommendation to the City Manager for approval by the Environmental Review and Preservation Board.
Only the CityCommissionmay approve the removal,relocation or replacement ofa heritage or champion
trees.A tree ina landscape plan,planted toprovide temporary shade until adjacent trees reach maturity
maybe designated asa "temporary shade tree",andwhichmaybe trimmed back or removed atsuch time
as the surrounding trees require additional access to sunlight.
(1)Permit Required.A tree permit shallberequiredfor the removalor relocation ofany tree within
the City.The removal of trees that are prohibited or exempted by Section 20-4.5.1 (N)shall
require a permit,in advance ofanysuchremoval,but no fees shallbe charged forsaid permit.A
tree permit shallalsobe required for the pruningor trimming of more than 1/3 of the canopy ofa
tree.No person,agent or representative thereof,directly or indirectly,shall cut down,remove,
relocate,oreffectivelyremoveany tree onany property,without first obtaining a tree permitas
hereinafter provided.Nobuildingpermitforanyworkon the subject site,includingnew
construction,additions,carports,pools,decks,fences,driveways,parkinglots,tennis courts,
demolition,orsimilarwork,shallbeissuedby the Building Department unless the Planning
Department has determined that avalid tree removal,relocation or trimming permit has been
issuedin accordance withthis section.Miami-DadeCounty retains authority forall applications for
Mangroves and natural forest communities work.
(2)Application Requirements.Permitapplicationsshallincludethenameofthepropertyowner,
address where tree workwillbe performed,tree species and diameter,nature of the work,and
reasonforremovalofa tree.Thepermitapplicationshallbesignedby the property owner and,if
applicable,itsauthorizedagent.Applications fortreeremovalshallalsoincludeascaleddrawing
ofthesiteshowing tree sizeandlocation,anda statement ofhowany other regulated trees areto
be protected duringany approved tree removalandany associated construction orclearing,or
grade changes.Thecity manager or designee shall attempt toverify the information contained in
theapplicationandshall either approveordenytheapplicationastoeachregulatedtree
proposed tobe removed.ApplicationsforremovalofHeritage trees,which cannot be relocated,
mayonlybe approved by resolution of the CityCommission.
18
Ord.No.29-14-2207
(3)CriteriaforTreeRemoval,Relocation,andReplacement.Replacement trees are required tobe
planted to mitigate Specimen tree removaland$1,000shallbepaidinto the City'sTreeTrustFund
in addition to any required mitigation.
(4)Imposition of additionalconditions.Thecitymanageror designee,as appropriate,may impose
other reasonable conditions where need is demonstrated.Such conditions may include
restrictions on percentage of canopy removed or the prohibition of tree removal from certain
portions of the site under consideration.Thecity manager,as appropriate,shallbe guided by,but
not restricted to,the following criteriain imposing such additional conditions:
(a)The need to provide buffers to adjacent developed property;
(b)The need to protect soilshighly susceptible tosoilerosionas identified by the soil survey of the
county;
(c)The need to protect slopes in excess often percent
(d)The need to protect existing wetlands,floodplainsandflood channels and other
environmentally sensitive areasas shown on existing maps,photographs and other reliableand
available sources;
(e)Anyorall of the following conditions mayberequired:
(i)Theapplicant may berequiredtoredesign the projectto preserve specimen tree(s),or
any other tree determined by the City Manager to be of substantial value due to its
species,size,age,form and/or historicalsignificance,andtoprovidean alternate plan,
when feasible,whichshallinclude the preservation of said tree(s)anddesignany
alterations within the scope and intent of the initially proposed plan.
(ii)Where practical,specimen trees,orany other tree determined by the CityManagertobe
of substantialvalueduetoitsspecies,size,age,form and/or historicalsignificance,that
is proposed forremovalshallberelocatedonor off-site.Theapplicantshall adhere to
acceptable tree relocation specifications,in accordance with ANSI A300 Standards.
(iii)Ifitis impractical torelocatesaidtree(s)eitheronoroff-sitebecause of viability
concerns,the applicant shallberequiredtoreplaceall trees permitted tobe removed in
accordance with the tree mitigation requirements in tree removal Section of this
ordinance.
(iv)TheCityManagermayrequirethattheapplicantprovideawrittenreportfroma
CertifiedArborist before makingany determinations in conjunction withthissection.
TheCityManagerandCityArboristmayalsorequiremonitoringandperiodicreporting
byaLicensedLandscape Architect orCertifiedArboristduring construction toassure tree
preservation.
(5)Applications shall bemadeontheform provided forthatpurposeand shall includeawritten
statement indicating the reasonsforthepermit.Thefollowing documentation and all applicable
fees shall accompany each application.
(a)For applications fortree removal in conjunction withnew construction,including additions,
pools,driveways,parking spaces,sidewalks,recreational facilities,anddecks,atreesurvey
drawn to scale identifying thespeciesand listing the height,spread anddiameterof all existing
trees shallbeprovided.Saidsurveyshallbeprepared,signedandsealedbya Professional
Land Surveyor,licensed in the State of Florida.
(b)For applications for tree removal in conjunction withanyother activity requiring a building
permit,orforany other treeremoval,asite plan prepared,signedandsealedbya Professional
Land Surveyor,licensed intheStateof Florida drawn to scale identifying thespeciesand listing
the height,spread anddiameterof all existing trees shall be provided.Said site plan maybe
limited totheimmediate area ofthe proposed work,and photographs ofthe existing trees
19
Ord.No.29-14-2207
withinsaid area maybe acceptable inlieuof tree identification regarding species,height,
spread and diameter,provided those photographs permit identification by the City Arborist.
(c)A tree disposition plan that is prepared,signedand sealed byaFloridalicensed professional
who holds an Architect,Landscape Architect or Land Surveyor license,that is drawn to scale,
and that provides the numbering,identifying,andlistingallexisting trees andspecifying the
condition of each tree and whether said trees are to remain,to be removed and/or to be
relocated.Thisplanshallalso illustrate the location ofall existing structures and/or all
proposed new construction,as applicable,the location of any overhead and/or underground
utilities and the new locations of existing trees to be relocated on site.
(d)A tree mitigationplan prepared in accordance with the tree mitigationSectionofthis
ordinance.
(1)All of the required plans,data or other information required with the application shallbeincluded
on the proposed development planoron the supporting documents submitted with the planor
the plat.The following requirements apply:
(a)Decisionson tree removalshallbebasedonaqualitative tree survey performed byalandscape
architect licensedto practice in the State ofFlorida under CH 481 FS,and evaluated by the City.
The landscaping planshall show all trees tobe preserved,provide for protective tree barriers
that meet the requirements ofthis tree protection ordinance,andspecify the details of the
mitigation required in this section.
(b)The requirements formitigationofregulated trees approved forremovalaspartof
development plan or subdivision plat review are as follows:
jCategory
!Specimen trees,infairor
Ibetter condition
Specimen trees of other
than high quality
species,in fair or better
condition
Any Specimen trees in
less than fair or better
Icondition;andany other
|regulated tree
Mitigation
Mitigation payment based on tree appraised value,limited to three trees per
acre averaged over the entire site.If more than three trees per acre inthis
category are located on the site then the trees with the highest tree appraised
value throughout the siteshallbeusedto calculate the payment.Heritage
trees proposed forremovalin excess of the overall average of three per acre
shall require mitigation trees on an inch-for-inch on a diameter basis.
Mitigation trees on an inch-for-inch diameter basis.
Mitigation trees consisting of two trees ofhigh quality shade species
established for each tree removed.
(6)Whenthe replacement plantingrequirementsofthisordinancecannotbemet,the City shall
collectfundsaccordingtotheCity's tree valuemitigationchartwhichshallbedepositedinthe
Tree Trust Fund.
B.Review of Application.
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Ord.No.29-14-2207
(1)Removal and mitigation of regulated trees subject to subdivision or development plan approval.
When tree removal or relocation is contemplated in conjunction with any development requiring
approval of afinal plat or final waiver of plat,upon receipt of approval of the plat,prior to final
site plan approval,a permit limited to activities necessary to provide for site preparation shall be
considered and either approved or denied.
(2)Upon receipt of a completed application,the Planning Department and the City Arborist,shall
review said application for compliance with the regulations as set forth in this Section.Such
review shall include afield inspection of the site,photographic record of the trees on the site and
referral of the application to other departments or agencies as necessary,and shall ensure that
the applicant takes all steps reasonably necessary to preserve or relocate existing trees prior to
receiving a tree permit.If the tree permit is being requested in conjunction with or to make way
for construction for which site plan approval is required,no action shallbe taken on the tree
permit application until the site planis approved.Within15 calendar days after site plan
approval,if applicable,or the receipt ofa completed application,the Planning Department shall
issue a notice of its intended decision ona preliminary approval of an application,If the request
fora tree permit isforan unhealthy,damaged,or dying tree,or if the tree poses a threat to
persons or property,documentation ofsuch condition by the City Arborist shallbe included in the
preliminary approval of the application.
(3)Preliminary approval foranapplication involving tree removalactivityshallbe granted onlyif the
Cityfinds that all reasonable efforts have been undertaken in the architectural layoutanddesign
of the proposed development to preserve existing trees andto otherwise enhance the aesthetic
appearance of the development by the incorporation of trees in the designprocess.Upon the
issuanceofapreliminaryapproval,rootpruningof trees designated tobe relocated maybe
immediately commenced pursuant to the preliminary approval;provided,however,that noactual
removalofa tree shall take placeuntilissuanceof the final tree permit.
(4)Notice.Attheendofthenextbusinessday following thecompletionofthe Preliminary Approval
reviewofanapplicationfora tree permit,thePlanning Department shallnotifytheapplicantof
thePlanning Department's intent toissuethePreliminaryApproval("NoticeofIntent").The
applicant shall post the NoticeofIntent,onor adjacent to the property,inalocationvisibleto the
generalpublicforatleast10 continuous calendar dayspriortofinalpermitissuanceandshall,in
writing,notify the Planning Department that theNoticeofIntentwas posted andinclude the date
of the posting and photographic evidence of the same.TheNoticeof Intent must state the date
ofthe issuance ofthenotice,thedateofthe posting ofthenoticeand shall advisethe public that
any objection substantiated byalicensed arborist,certified under oath,that the trees tobe
removedorrelocateddonot meet therequirementsofthis tree protectionordinance ("Certificate
of Non-compliance"),mustbemadeby filing anoticeofappealandthe original Certificate of Non
compliancewiththe City Clerk within10calendardaysofthedateofthepostingofthenotice.
TheappealshallbeinaccordancewithSection13-27ofthe City Code,other thanastothetime
for filing theappeal,which underthese circumstances is10days.
C Issuance of Permit.Ifnoappealisfiledwiththe City Clerk,as stated in the postedNoticeofIntent,on
orbeforetheendthe10calendarday notice period referred to above in subsection (5),the permit may
be issued.The treepermit shall bepostedbythe applicant onthepropertywhereitis clearly visible to
the general public,commencing onthedateofits issuance,andit shall remain posted until the authorized
work is completed.The property owner shall be responsible for insuring thatthetree permit is displayed
21
Ord.No.29-14-2207
until the city declares in writing that the authorized work is completed and the permit has been honored
without damage to trees.
(1)The property owner shall provide the City Manager with a performance bond ina form approved
by the City Attorney,if required by the City Manager:
(a)TheCity Manager may require the posting ofa performance bond to guarantee compliance
with all conditions,limitations,and restrictions of the tree permit,including,but not limited to,
planting of all required replacement trees.
(b)The bond shallbe equivalent to one hundred fifty percent (150%)of the estimated
replacement cost of the trees to be removed at maturity or any other permitted activity and,
with the written consent of the City Manager,may bein the form of a letter of credit from an
FDIC insured institution,surety,cash,or certificate of deposit.
(c)All performance bonds shall remain inforcefora minimum of either one (1)year after the
actual completion date of the permitted activity (to ensure that any replanted trees which
perish are replaced),or until viability of all replanted trees has been achieved,whichever
occurs last.
(2)All tree permit applications whichremain incomplete foraperiodof one hundred twenty (120)
daysshall expire andbenullandvoidat the endof that periodof time.Anew tree permit
application shallbe required forallworkpreviously proposed under a permit application which
has expired or that has been denied or rejected.Approved permits shallexpire,ifworkas
specified,is not commenced withinone hundred andeighty(180)daysof issuance of the permit.
CL Fees.Feesshallbeas set forth in this ordinance oras established in the City'sFee Schedule,the latter
ofwhichshalltake precedence in the eventofa conflict.Applications submitted by government agencies
for tree removalssolelyin areas dedicated topublicusemay,at the discretionofthe City Commission,be
exempted from application fees and permit fees.
E.Final Inspection.No later than 18 months following the completion of the authorized work,the
applicantshallscheduleafinalinspectionwiththe City Arboristforverificationofcompliancewith
authorized workincludingany required maintenance of the foliage.
F.Tree Trust Fund.
(1)ThereisherebycreatedaTreeTrust Fund,thepurposeof which istoacquire,protect,andto
plant trees onpublic property.
(2)Disbursement from Tree Trust Fund.Monies obtained for the Tree Trust Fundshallbe disbursed
forthe acquisition,maintenance,management,protection,or planting oftreeson public property
orfor the preservation of trees through the purchase oflands.Thisfundshallnotbeusedforor
towardtheinstallationofnewtrees that wouldalreadyberequiredforadevelopment.
(3)Sourceof monies for the TreeTrustFund.SaidTreeTrustFundshall consist of contributions inlieu
of,orinconjunctionwith,requiredreplacementplantingsunderthis tree protectionordinance.
The City shall collect funds designated forthe Tree Trust Fund whenthe replacement planting
requirements of this ordinance cannot be met and from other sources.
(4)Minimum species diversity standards.When more thanten (10)treesare required tobe planted,a
diversity ofspeciesshallberequired.Thenumberofspeciestobeplantedshallbebasedonthe
22
Ord.No.29-14-2207
overall number of trees required.The applicant shallbe required to meet the minimum diversity
standards as may be set by the City from time to time.
G.Tree Mitigation.All tree mitigation required by this ordinance shall be accomplished in accordance
with the requirement set forth in the Miami-Dade County Landscape Manual and or Miami-Dade County
Chapter 24-49,aswellasin compliance with the provisions of this Section.All replacement trees shallbe
a minimum of aFlorida Grade 1 per the grades and Standards of the State of Florida.
(1)Prohibited/Exempt Plant Species.Mitigation shall not be required for the removal of any
prohibited species unless it meets the canopy exception for prohibited plant species.
(2)TreeQuality.Trees installed as mitigation in accordance with this section shall conform to,or
exceed,the minimum standards for Florida Number One as provided in the most current edition
of "Grades and Standards for Nursery Plants,Part I and II,"prepared by the Florida Department of
Agriculture and Consumer Services.Trees shall be planted according to sound nursery practices as
illustrated in the Landscape Manual and Landscape code Chapter 18A of the MDC code.
(3)Off-Site Mitigation.If the total number of trees required as mitigation cannot be reasonably
planted on the subject property,the applicant may enter into agreement with the City,to plant
excess number of replacement trees onpublic property within the City or at the option of the City
to make a payment to the Tree Trust Fundin accordance with the schedules herein.
(4)Tree Trust Fund.If the total number of trees required as mitigation cannot be reasonably planted
on the subject property,or at the City's direction,asan alternative to the off-site mitigation
provided in the Tree removal Section ofthis ordinance,the applicant shall contribute to the City's
TreeTrustFund the sumof$500.00perinch DBH required asmitigationin accordance with the
Tree removal Section of this ordinance.
Mitigation Methods
(1)Unless otherwise specifiedinthis tree protectionordinance,where mitigationisrequired,itshall
beallowedbytwo methods,mitigation trees (onaninch-for-inchbasisoras otherwise specified)
and mitigation payment.The amount of mitigation isas specified herein below.
(2)Mitigation trees shallbeofhighquality shade speciesasidentifiedon the SouthMiami tree list,
meeting the specifications ofand sited in accordance with the requirements of this tree
protection ordinance.Theinstallationofnew trees fora development asrequiredbythis chapter
may count as mitigation for trees removed from the site,except where those removed trees are
ofahigh-qualityspecies.The preference isformitigation trees tobeplantedon the site,but
whereitis demonstrated that noacceptablespaceisavailable,mitigation trees maybeplanted
offsitewithincitylimits.In these instances,therequiredmitigation trees maybe established ona
differentsitewithinthecity limits approvedbythecitymanagerordesignee,orthecitymanager
ordesigneemayallowapaymentinan amount tobemadeto the cityTreeTrustFundinan
amount as set forth in this ordinance.
(3)Paymentshallbemadepriortoreceiptoftreepermit,oratsuch other timeasspecifiedina
development order.Mitigation paymentsreceivedbythecityshallbedepositedinthecityTree
Trust Fund.
L Tree Preservation During Development and Construction
23
Ord.No.29-14-2207
(1)Tree Protection During Construction.A photographic record of the trees within the proposed
barrier area shall be made by the City Arborist before any permit,including a demolition permit,is
issued.Trees shall be protected during construction through the use of protective barriers in
accordance with the Miami Dade County Landscape Manual or other nationally recognized
arboricultural standards approved by the city manager or designee shallbe used as guidelines for
tree protection,planting,pruning and care during development and construction.
(2)Trees that are to remain on site or to be relocated,shallbe clearly identified with a tag,including
an identification reference to the tree survey required as part of the landscape planor tree
permit.A protected area within the dripline of the tree or within a radius of 10 feet measured
from the tree trunk,whichever is greater,shallbe maintained around trees to remain in
accordance with the Landscape Manual,unless the city's certified arborist City Manager otherwise
determines in writing that a smaller orlarger protected areais acceptable for each tree,oran
alternative tree protection method is approved.
(3)During demolition and/or development,including installation of irrigation systems orany other
underground installations,protective barriersshallbe placed around each tree andshall remain in
order to prevent the destruction or damaging of roots,stems or crowns of such trees,and to
prevent the deposition of any fillor compaction to the drip zone of the tree.The barriers shall
remain inplaceand intact untilsuch time as approved landscape operations begin;however,
barriers may be removed,subsequent to written permission from the City after an onsite
inspection,temporarily to accommodate construction needs,provided that the manner and
purpose forsuch temporary removalwillnotharm the trees.The trees shallbeproperlyirrigated
throughout the buildingprocess.Personswhocause tree damaged during construction shallbe
subject to the penalties set forthin the provisions of Section20-4.5.1(L).Understoryplantswithin
protective barriers shall be protected.
(4)Barriers required.Prior to clearing,demolition,or other constructionactivities,the citymanageror
designee shall determine which trees,ifany,require protection.Protective barriersshallbe
constructed,asnecessary,to prevent the destruction ordamaging of regulated trees that are
locatedwithin50feetofanyconstructionactivityorstorageof equipment andmaterials.Barrier
placements alongsubdivision streets areregulatedinaccordancewith the provisionsofthis
section.Trees identified forpreservationwhichare destroyed or severely damagedshallbe
mitigatedinaccordancewiththissectionpriortoissuanceofacertificate of occupancyoruse.To
avoidconflicts between barrier placements and demolition and construction activities,barriers
shall bedrawntoscaleonthe demolition,grading and paving sheetsofthedevelopment plan.
(5)Barrierzones.Allregulated trees inareas of demolition or construction that have not been
permittednordesignatedforremovalbyeitherthetermsofthepermitorapproved development
order shall beprotectedby barrier zoneserectedandinspected prior to construction ofany
structures,road,utility service orotherimprovements.Barricades shall complywiththe following:
(a)Protective barriers shall be plainly visible and shall createa continuous boundary around trees
or vegetation clustersinordertoprevent encroachment bymachinery,vehiclesorstored
materials.Tofurtherprotecttreeroots,alayerofwoodchipsatleasteightinchesthick shall
cover the soil within the barricade.Barricades must be at least three feet tall and must be
constructed of either wooden cornerpostsatleast two byfourinchesburiedatleastonefoot
deep,withatleasttwocoursesofwoodensideslatsatleastonebyfourincheswith colored
flagging or colored mesh attached,or constructed of one-inch angle iron corner postswith
brightly colored mesh construction fencing attached.Heritage trees shall be protected by
galvanized chainlinkfencingaminimumof48inches high,11-gauge wire,two-inchmeshsize
24
Ord.No.29-14-2207
secured with 17/8 inchline posts no further than 10 feet apart secured ata depth of three feet
below soilline.Corners shallbe secured with 23/8 inchline posts secured to a depth of four
feet below soil line.
(b)Barriersshallbe placed at the greater of the following:
(i)At or outside the dripline forall heritage and champion trees andall regulated pineand
palm trees;
(ii)Ata minimum of two-thirds of the area of the driplineforall other regulated species;or
(iii)At the tree root plate.
(c)If complying with the above placement of barriersis found to unduly restrict development of
the property,the city manager or designee,or the appropriate reviewing board may approve
alternative barrier placements or methods of protection provided that at least 50 percent of
the area under the canopy dripline remains undisturbed (no grade change or root cut)and
further provided that there shallbeno disturbance to the tree root plate.Protective barriers
may not be removed or relocated without such approval.
(d)Nograde changes shallbe made within the protective barrier zones without priorapprovalof
the city manager or designee.Where roots greater than one inchin diameter are damaged or
exposed,they shallbe cut cleanlyand re-covered with soil within one hour of damage or
exposure.
(e)Protectivebarriersshallremaininplaceandintactuntilsuch time aslandscapeoperations
begin.If construction needs dictatea temporary removal(forlessthan24hours),the city
manager or designee,may approve or deny the temporary removal of protective barriers.
(f)Landscape preparationintheprotectedarea shall belimitedtoshallowdisking of thearea.
Disking shallbelimitedtoa depth offourinchesunlessspecificallyapproved otherwise bythe
city manager or designee.
(6)Nogas,oil,fill,equipment,buildingmaterialsorbuildingdebrisshallbeplacedwithintheareas
surrounded by protective barriers,norshall there bedisposal of any waste materials suchas
paints,oils,solvents,asphalt,concrete,mortar orany other materials harmful to trees or
understory plants within the areas surrounded by protective barriers.
(7)Trees shall bebracedinsucha fashion astonot scar,penetrate,perforateorotherwiseinflict
damage to the tree.
(8)Natural grade shall be maintained within protective barriers.In theeventthatthe natural grade of
thesiteis changed asaresultofsitedevelopment,suchthatthesafetyofthetreemaybe
endangered,tree wellsorretainingwallsmayberequired.
(9)Underground utility lines shall be placed outsidethe areas surrounded by protective barriers.If
said placementisnot possible,disturbance shall beminimizedby using techniquessuchas
tunneling.
(10)Fences and walls shall be constructed to avoid disturbance toanyprotectedtree.Post holesand
trenches located close totrees shall be dug by hand and adjusted as necessary,using techniques
suchasdiscontinuousfootings,toavoiddamagetomajorroots.
(11)If any preserved treeisnot alive and healthy three years afterthe certificate of occupancy is
granted,it shall beremovedand replaced withthetreeortreesthat originally wouldhavebeen
required bythiscode.The area thatwas preserved toaccommodatethe preserved tree shall be
maintained inan unpaved conditionand the replacement trees established inthisarea.
25
Ord.No.29-14-2207
(12)The Planning Department shall maintain,and make available to the public,descriptions and
illustrations of tree preservation and protection practices which will assist in assuring that
preserved trees survive construction and land development.
(13)Inspections.The city manager or designee shall conduct periodic inspections of the site before
work begins and/or during clearing,construction and/or post-construction phases of development
in order to ensure compliance with these regulations and the intent of this section.
(14)Denial;conditions.Thecity manager or designee may deny a proposal for development because
one or more champion or heritage trees have not been preserved or adequately protected,or
may require special conditions of approval that may include but are not limited to the following:
(a)Requiring the trees to be protected with chain-link barricades.
(b)Requiring asoil aeration system in the vicinity of tree roots as needed,particularly where fill
willbe added over roots of preserved trees or where compaction may reduce the availability of
water and oxygen to tree roots.
(15)Nativetrees.At least Fifty(50)percent of trees on the required landscape plan should be native
species.Cultivars of native trees are considered native species.
(16)Pruning.All trees maybe pruned to maintain shape and promote their shade-giving qualities and
to remove diseased or dying portions in areas where falling limbs could bea hazard to people or
property.Tree pruning shall be done in accordance with the most current version of the American
National Standard for Tree Care Operations "Tree.Shrub and Other Woody Plant Maintenance"
(ANSI A300)and"Pruning.Trimming.Repairing.Maintaining,andRemoving Trees,andCutting
Brush—Safety Requirements"(ANSI Z133).The pruning or trimming ofany tree shallbein
accordance with guidelines in the LandscapeManual.No more than 25 percent ofa tree's living
canopy shallbe removed withina one-year period.No more than 25 percent of the crown should
be removed at one time.Onyoung trees,limbremovalshallleaveno more than 33 percent of the
trunk bare of branches.So that shade trees cangrowwith sturdy structure,the top branch or
leader shall not be removed.Hooksorclimbing spikes shall not be used to climb trees unless the
tree isbeing taken down.Mature trees overgrowingvehicularuse areas shallbe pruned toallow
the passage of emergency vehicles.Excessive pruning,pollarding,orpruningof trees intoround
ballsofcrownorbranches,whichresultsinan unnecessary reductionof shade and promotes
weak branch attachments is prohibited.
(17)Thepracticeknownas"Hat-racking"isnot permitted andshallbe considered aviolationof
section 20-4.5 and section 20-4.5.1.
(18)Any other tree abuse,oractivity that caneffectivelydestroya tree,shallalsobeconsidereda
violation of this section.
J.Authority to Supervise,Enforce,Modify,and Supplement Regulations.
(1)Planning Department.It shall bethedutyofthe Planning Department to coordinate with the City's
Arboristandpublicworkspersonneltoensurecompliancewiththeregulationscontainedherein
andto cooperate with,andassistthecode enforcement personnelintheprosecutionofany
violation of this section.
(2)Code Enforcement Division.It shall bethedutyofthe Code Enforcement Division ("Code
Enforcement")to prosecute violationsoftheregulations contained herein.TheCodeEnforcement
Division mayprosecute violations in conjunction andcooperationwiththe Planning Department
or on its own initiative.
26
Ord.No.29-14-2207
(3)Police Department.In instances inwhicha person isfound cutting or otherwise causing the
destruction ofa tree without a permit,in addition to the Code Enforcement agency,the South
MiamiPolice Department shall require such person or persons to cease such operations until the
necessary permit is obtained.
(4)City Manager.Thecity manager is hereby authorized to enter into agreements with the owners of
private property located within the city for the purpose of acquiring easements to plant trees on
such property and in consideration for such agreement the private property owner shall acquire
ownership of such trees as the city may plant;provided,however,that any such agreement shall
limit the duration of the easement to a time period of two years and shall limit the property
interest acquired by the city to that distance sufficient to allow the planting and initial
maintenance of trees,but inno case to exceed a maximum of a 22-foot setback from the property
line or right-of-way held by the city.Provided further,that under such agreement the private
property owner shall agree to subsequently maintain the trees planted thereon and shall also
agree to hold the city harmless for any liability attributable to the planting or presence of the
trees on the private property.
(5)Special Master.TheSpecial Master hearing any appeal or protest ofa penalty issued pursuant to
this section shall determine ifa violation ofthis tree protection ordinance has been committed
and shall not have discretion to lessen the fine set by this ordinance.
K.Enforcement.
(1)Jurisdiction.TheCityshallhavejurisdictionfor the proper and effective enforcement ofthis
section.TheCityshallhave the rightto inspect subject properties in accordance with the
approved tree permit and the provisions of this section.
(2)Individual Enforcement.Each tree removed withoutatreepermitshallconstituteaseparateand
distinct violation andshallbe the subject ofindividual enforcement.
(3)Tree Viability After Project Completion.Ifthe City determinesthatanytree,thatis required tobe
plantedpursuanttoa tree permit,isnotviable,alive,and growing,oneyearafterallassociated
developmentactivityonthepropertyiscompleted,the City shallrequire that saidtreebe
replacedwiththesametreespeciesandsize which was originally plantedorrelocated,asperthe
approved tree permitormayassesspenaltiesasprescribedinthissectionfor illegal tree removal.
Such penalties shallbe deposited in the Tree Trust Fund.
(4)Any person who violates thistree protection ordinance shall be required topaya fine and shall be,
in addition to paying a fine,required to mitigated in accordance withthetree mitigation
requirements of this ordinance.
(5)Withholding ofa New Building Permit.The removal ofanytreein violation ofthissection shall
constitutegroundsfor withholding new building permitsforthesubjectproperty until the
violation hasbeen corrected,including the payment of all fines andthe planting of all trees
required as mitigation,pursuant tothis section has occurred tothe satisfaction ofthe City.
Alternatively,inordertoobtainthenew building permit,thepersonin violation mayposta
performance bondpursuantto 255.05 ofthe Florida Statues naming the City ofSouth Miami as
Obligee.The bond shall be in the amount often percent ofthe construction costorten percent of
the appraised value ofthe property,whichever is greater.The bond will be maintained in place
until the violationhas been corrected,pursuant tothis section.
27
Ord.No.29-14-2207
(6)Withholding of a Certificate of Occupancy.The Planning Department shall not approve the zoning
inspection required for a temporary or final Certificate of Occupancy untilall violation of this
section have been corrected,including the payment of all fines and the planting of all trees
required as mitigation,pursuant to this section.
(7)Occupational License.The occupational license of any person who performs any services in the
City and who violates this ordinance shall be suspended,or if yet to be issued,shall not be issued,
until the violator has complied with this ordinance,paid all fines incurred and complied with all
requirements for tree mitigation.
(8)Remedies Cumulative.The remedies provided in this section shall be cumulative to all remedies
provided bylaw and/or equity,and the election of one shall not preclude the other.
(9)Costs and Fees.In the event the City institutes anycivil action to enforce the terms of this section
ina court of competent jurisdiction,the Cityshallbe entitled to recover the fines imposed
pursuant to the violation(s),the cost of trees required as mitigation,the costs associated with the
investigation and prosecution,inclusive of a reasonable attorney's fee for prosecuting attorney,
together with any equitable and legal remedies deemed reasonable and proper by the court.
L Penalties,Remedies Cumulative.
(1)Fine.Any person,and each agent thereof,including the owner,who,without an appropriate
permit required by this ordinance,relocates,trims or removes a tree,and/or orders,instructs or
allows others to relocate,trim or remove a tree in violation of this ordinance shall(i)comply with
the tree mitigation requirements of this ordinance in the form of replacement trees or,if
replacement is not possible,shallpay the amount required inlieu of replacement and (ii)shallpay
afineof$250,per violation.Where there aretwoormore penalties for the same offence,all the
penalties shall apply,unless found to be excessive bya court of competent jurisdiction and then
the more stringent enforceable penalty or penalties shallapply.All finesand monetary mitigation
payments shall be deposited into the Tree Trust Fund.Each tree removed,relocated or trimmed
without an appropriate permit,shall constitute a separate and distinct violation,subject toa
separate fineand mitigation.If the violator failsto timely complete the requirements ofthis
ordinance for tree mitigation ("TreeMitigationViolation"),the violator shallpayan additional fine
of$250foreachday thereafter untilthemitigationiscompleted.Thefineforany repeated
violationofthis ordinance by the same person shall increase to $500 for each repeated violation.
Thefinefora repeated TreeMitigation Violation by the same personshallbe$500perday.The
owner of the property where the violation occurred shallbejointlyandseverallyliablefor the
same fineas the personwhoremoved,relocatedor trimmed a tree without an appropriate
permit.All of the finesprovidedforinthis ordinance maybe increased or decreased byandas set
forth in the City's Schedule of Fees and Fines.
(2)Tree Mitigation Required.In additiontothemonetaryfineestablishedabove,the planting of
replacement trees shallberequired.Ifthetotalnumberof trees requiredasmitigation cannot be
reasonablyplantedon the subject propertybythesole determination ofthe City Managerwho
shallbeguidedby the principalof tree protection and tree preservation,the applicant shall
contribute into the City'sTreeTrustFundinan amount based upon the chart beloworas
otherwiseprovidedmorestringentlyinthissection.Mitigation that isrequiredbythisordinance
shallbe completed within sixty(60)days after the violator has received a citation andshallbein
addition toany and all other applicable requirements or sanctions.
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Ord.No.29-14-2207
(3)Irreparable or Irreversible Violations.In the event the Special Master finds that the unauthorized
removal,relocation,or trimming of any tree is irreparable or irreversible in nature,heshall
impose afinenotless than $2,000 and not to exceed $5,000 per violation,plus mitigation as
required in this chapter.In determining the amount of the finein excess of $2,000,the Special
Master shall consider,the following factors:
(a)The gravity of the violation;
(b)Any actions taken by the violator to correct the violations;and
(c)Any previous violations committed by the violator.
M.Tree Mitigation Value.This tree value mitigation chart shows the following values which are intended
to be minimum levels of replacement for each size of tree removed.This chart and/or the values in the
chart may be amended by the City's Fee Schedule from time to time.
Diameter of Number Diameter In lieu of
Tree removed 2"DBH 4"DHB Replacement
WM^WW&^x i^»*fs^^,':'!i:.:,'v;':v'!;;;''.,'r :i r •'"•'•"•'-•/'••'.''>.f:%'i^''''}J^''l^:'•^^^••x^^M ;i:-.;i'•';'j'^;,'••-;:•.•;:•:•'-:-'.'•,;':'!:'.,V'''':-''^i:'-'-i'.::,':i;':-•,.i!/;:^:':''':^^;i;;'t::^^'^^•U,'''i-':'
2"-3"2 ^0r 1 "or $1,000
4"-6"4 Or 2 or $2,000
7"-12"8 Or 4 or $4,000
13"-18"12 Or 6 or $6,000
19"-24"16 Or 8 or $8,000
25"-30"20 Or 10 or $10,000
31"-36"24 Or 12 or $12,000
37"-42"28 Or 14 or $14,000
43"-48"32 Or 16 or $16,000
49"or greater 40 Or 20 or $20,000
The above formula approximates the following example:
For every 500 Square feet of canopy removed,a hardwood tree replacement of at least 12fttall
wouldbe required.For instance,if2,300sqftof tree canopy were removed,the replacement
requirement would be four 12-foot tall trees and one 8-foot tall tree or at the minimum level of
financial contribution,at$500.00or$1.05persquarefootofcanopy,whicheveris greater.This
example would require a minimum of $2,500.00.
N^Exemptions.Thefollowingare prohibited and controlled plant species that are exempt from the
general tree protection provisions ofthis section.A no-charge permit willbeissuedforremovalof
prohibited and /or invasive non-native plantsspecies.
(1)Any tree growinginabotanicalgardenora licensed plantor tree nurserybusiness.
(2)Upon determination inwritingbythe City Manager that tree permitting requirements will hamper
privateorpublicworkto restore order to the City after a declared state of emergency by the City
Commission.
(3)The removal ofanytree during or following an emergency suchasanactofnatureora life safety
issue.Thecity reserves the righttorequiremitigationonce the life safety issueisresolved.
(4)Removal of any dead tree
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Ord.No.29-14-2207
(5)Exemption from mitigation.On properties with canopy cover exceeding 50%of the total lot
coverage,canopy covering up to 10%of the lotmaybe removed per calendar year without
mitigation,provided the total canopy cover does not drop below 50%.
(6)Aliving tree of the following prohibited or nuisance plant species except when present ina dense
distribution or substantial canopy coverage deemed to be of significant importance to the
aesthetic or environmental benefit to the area as determined by the City Manager:
PROHIBITED NUISANCE PLANT SPECIES
COMMON NAME
Australian Pine
Bischofia
Brazilian Pepper
Carrotwood
Castorbean
Chinaberry
Chinese Tallow Tree
Ear Tree
Earleaf Acacia
Eucalyptus
Guava
IndianLaurel,LaurelFig,Malay Banyan,
Chinese Banyan,GlossyLeaf Banyan
Indian Rosewood,Sissoo
Java Plum
Lead Tree
Mahoe,Sea Hibiscus
Melaleuca
Norfolk Island Pine
Orchid Tree
Poison Wood
Red beadtree,Red Sandalwood
Schefflera,Umbrella Tree
Seaside Mahoe
Shoe-button Ardisia
Silk Oak
Solitaire Palm
Tree Bamboo
Tropical Almond
Weeping Fig
Woman's Tongue
INVASIVE,IMONNATIVE PLANT SPECIES
SCIENTIFIC NAME
Casuarina spp.
Bischofia javanica
Schinus terebinthifolius
Cupaniopsis anacardiodes
Ricinus communis
Melia azedarach
Sapium sebiferum
Enterolobium cyclocarpum
Acacia auriculiformis
Eucalyptus spp
Psidium quajava/P.littorale
Ficus microcarpa
Dalbergia sissoo
Syzygium cumini
Leucaena leucocephala
Hibiscus tiliaceus/Talipariti tiliaceum
Melaleuca quinquenervia
Araucaria heterophylla
Bauhinia variegata
Metopium toxiferum
Adenanthera pavonina
Schefflera actinophylla /
Brassaia actinophylla,
Thespesia populnea
Ardisia elliptica
Grevillea robusta
Ptychosperma elegans
Bambusa spp.
Terminalia cattapa
Ficus benjamina
Albizzia lebbeck
Common Name Scientific Name
Air potato Dioscorea bulbifera
30
Ord.No.29-14-2207
1 -•
Arrow bamboo Pseudosasa japonica
jBrazilian pepper Schinus terebenthifolius
Catclaw vine Macfadyena unguis-cati
|Chinaberry Melia azedarach
!
1Chineseprivet Ligustrum sinense
!
Chinese tallow tree Sapium sebiferum
|Chinese wisteria Wisteria sinensis
1Climbingfern Lygodium iaponicum and Lvgodium microphyllum
i
iCogon grass Imperata cylindrical
Coral ardesia Ardisia iaponica
Coral berry Ardisia crenata
Elephant's ears Xanthosoma sagittifolium
Glossy privet Ligustrum lucidum
!
Golden raintree Koelreuteria paniculata and Koelreuteria bipinnata
Golden bamboo Phvllostachys aurea
Henon bamboo P.nigra cv."Henon"
Hydrilla Hydrilla verticulata
Hygrophia Hygrophia polysperma
Japanese ardisia Ardisia iaponica
Japanese honeysuckle Lonicera japonica
Japanese paper mulberry Brousonettia papyrifera
Kudzu Pueraria lobata
Mimosa Albizia julibrissin
Miramarweed Hvgrophila polysperma
Oyster plant Tradescantia spathacea
Palm leaf bamboo Sasa palmata (Arundinaria palmata)
Skunk vine Paederia foetida
Tropical soda apple Solanum viarum
White-flowered small-leaved spiderwort Tradescantia fluminensis
Wandering spiderwort Tradescantia spp.
Wildtaro Colocasia esculenta
O.Street Trees.
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Ord.No.29-14-2207
(1)Street trees.Street trees shallbe planted along the sides of all streets within a development andon
the development side of any contiguous street.Street trees shallbe planted for every 30 to 50
feet of street frontage,depending on the canopy area needed for the tree species.The widths of
driveways along a street shall be subtracted from the linear feet of street frontage length for the
purposes of calculating the number of required street trees.Inno case shall trees of species with
spreading crowns (e.g.,liveoaks)bespacedcloser together than 25 feet orshall trees of any
species be spaced farther apart than 60 feet.Alleysare exempt from this requirement for street
trees.Street tree diversity is to be attained city-wide in order to reduce the effect of loss of street
tree species due to insect or disease outbreaks,even though street tree diversity may not be
attained on an individual street.
(2)Street trees shallbehighquality shade trees andshallbe planted in tree lawns with a minimum
width of eightfeet,orwithin tree wellswith minimum four-foot by four-foot surface openings.
(3)On-street parkingspacesmaybelocated between street trees,aslongas the required number of
trees are planted along the street frontage,and the minimum rootzone volume isprovidedfor
each tree.
(4)Treewellsmaybeenclosedwithpaversorotherhardscapematerialsabovetherequiredrootzone
volume.Thelandscape architect shall present a recommendation regarding the need for the
installation of anaeration system necessarytoconduit water andoxygento the roots of trees
within tree wells.
(5)Wherepossible,street trees shallbeplanted between the street and the publicsidewalk.Street
trees maybeplanted between the sidewalkandadjacentbuildingsonly where the location of
existingorproposedutilitylinesalongthestreet,ortheclearzonerequirements of the public
works department or other maintainingagency,prevent the location of trees between the street
andsidewalk.Where street treesareapprovedtobeplanted between the sidewalkandadjacent
buildings,the trees maybelocatedascloseasfivefeetawayfrombuildingface.
(6)The reviewing board,orthecity manager or designee,may require theadjustmentofthe
prescribedbuild-tolineinorderto accommodate the required street trees and ensure that the
trees will meet separation requirements fromutilitylines,buildings,andpavedareas.
(7)Where possible,developments shall be designed to preserve asstreettreesany existing champion,
specimen,orheritagetreeswhichare located inthe right-of-way oron private propertywithin20
feetofthe right-of-way.Where thesetrees are preserved,nonew construction or grading shall
occurwithin the tree rootplate,andnew buildings shallbedesignedso that nomorethan25
percentofthecrownofthetreesisremoved.The area underneaththecanopyofthe preserved
trees shall be exempt fromtree planting requirements,andtherequireddistances between street
trees may be modified.
(8)Aminimum ten-foot separation shall be provided between streettreesand street stormwater
inlets,except wherebioretentioninletsthatincorporatetreesareutilized.
(9)Where the required streettrees would overlap with treesthat are required to satisfy perimeter
landscaping requirementsfor vehicular use areas,onlytherequirementsforthevehicularuse
area must be met.
(10)Size and spacing.Street trees shall beofa species typically grown in Miami-Dade County that
normallymaturetoaheightofatleast twenty (20)feet.Street trees shallhaveacleartrunkof
four (4)feet,an overall height of twelve (12)feet and a minimum caliper oftwo (2)inches attime
of planting,and shall be provided along all roadways ata maximum average spacing of thirty (30)
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Ord.No.29-14-2207
feet on center,except as otherwise providedinthisChapter.Street trees are not required when a
colonnade open to the publicislocatedwithinfour(4)feet of the edge of the roadway.Street
trees may beplaced within the swale areaorshallbeplacedon 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.TheCity may require
root barriers as per City rules.
(11)The maximum averagespacing of thirty(30)ftformultiplesingle-familyunitsshallbebasedon
the total lineal footage of roadway for entire projects and not based on individual lot widths.
(12)Powerlines.Where the heightandlocation of overheadpowerlinesrequire the planting of low
growing trees,street trees shallhavea minimum height of eight (8)feet,a minimum caliper of
one and one-half (1.5)inchesat time of planting,andshall meet the following requirements:
(a)Single trunk trees clear of lateralbranchestofour(4)feet and/or multi-trunk trees or
tree/shrubs,as referenced inthe Landscape Manual,cleared of foliage toaheight of four (4)
feet.
(b)A maximum averagespacing of twenty-five (25)feet on center.
(c)Maturing toaheightandspreadnot encroaching withinfive(5)feetofoverheadpower
distribution lines.
(d)Underhighvoltage(50kVandabove)transmissionlinesinstalled independent of underbuilt
distribution lines,tree heightandspreadshallnot exceed the minimum approachdistances
specified in the current ANSI(AmericanNational Standards Institute)Z133.1Standards,as
referenced in the Landscape Manual.
(13)Palms.Palms which meet all ofthe following requirements shall countasarequiredstreettree
on the basis of one (1)palmper tree.
(a)Minimumcanopy of fifteen(15)feetspreadatmaturity.
(b)Providedatanaverage maximum spacing of twenty-five feet(25)feet on center.
(c)Fourteen(14)footminimum overall heightorminimumcaliperoffour(4)inchesattimeof
planting.
(d)Itisprovided however that queenpalms (Syagrus romanzoffiana)shallnotbeallowedas
street trees.No more than thirty (30)percent of the minimum tree requirements maybe met
by palms.
(14)Fifty (50)percentofthe required treesand/or palms shall benativespecies.
(15)In order to prevent adverse environmental impacts to existing native plant communities,only
existing Cabbage Palms (Sabal palmetto)maybeusedtosatisfyminimumtreeandnativeplant
requirements,except that Cabbage Palms whicharerescuedfrom government approveddonor
sites,transplanted within the site,or commercially grownfrom seed shallbe counted towards the
minimum tree and native plant requirements.
(16)When trees are requested bya property owner tobe planted within the right-of-way,the
requestingpropertyowners shall executeacovenantprovidedbytheCitytoprovideforthe
maintenance ofsuchtreessubsequentto planting.WheretheState,County,or municipality
determinesthatthe planting oftrees and other landscape material isnot appropriate inthe public
right-of-way,theymay require that said trees and landscape material be placed on private
property.
(17)Wheretrees are planted on private property,they shall be placed within seven (7)feetofthe
edgeofthe dedicated right-of-way or within seven (7)feetoftheedgeofthe roadway and/or
33
Ord.No.29-14-2207
inside edge of a sidewalk on private roads and shallbe maintained by the private property owner
such that the trees do not interfere with the activities of the right of way.
(18)Consideration shallbe given to the selection of trees,plants and planting site to avoid serious
problems such as clogged sewers,cracked sidewalks,and power service interruptions.
(19)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 shallbe located per the street tree requirements
set forth under Section 20-7.
(21)Planting inRelationtoUtility Lines.The ultimate,mature height and width ofa tree to be planted
shall not exceed the available overhead growing space as limited by the tree touching the
overhead obstacle.Alistofsmall trees and palms whichmaybe permitted to be planted adjacent
to utility lines is available in the University of Florida IFAS "Trees and Powerlines"document.
(22)Emergency Provisions.In the event that the City Manager determines that any tree in the City
may constitute a hazardous condition soasto endanger the public health,safety and general
welfareunlessitis immediately removedor pruned,the CityManager,orhis designee,may
verbally authorize the removalofsuch tree followingan onsite inspection of the subject tree
without the securingofaremoval permit as required bythis section.Theprovisionsand
requirements ofthis chapter maybe temporarily stayed byamajority vote of the CityCommission
following the occurrence ofa hurricane,tornado,flood,or other natural disaster.
Section2.Codification.Theprovisionsofthisordinanceshall become andbemadepartofthe
CodeofOrdinancesofthe City ofSouth Miami asamended;that thesectionsofthisordinancemaybe
renumberedorre-letteredto accomplish suchintention;and that theword"ordinance"maybechanged
to "section"or other appropriate word.
Section3.Severability.Ifanysection,clause,sentence,orphraseofthisordinanceisforany
reasonheld invalid orunconstitutionalbyacourtof competent jurisdiction,this holding shallnotaffect
the validityof the remaining portions ofthis ordinance.
Section4.Ordinances in Conflict.All ordinancesorpartsofordinancesandallsectionsandparts
ofsectionsofordinancesindirect conflict herewithareherebyrepealed.However,itisnottheintentof
this section to repeal entire ordinances,orpartsof ordinances,that give the appearance of being in
conflict whenthetwoordinancescanbe harmonized orwhenonlyaportionoftheordinancein conflict
needstobe repealed to harmonize the ordinances.If the ordinance in conflict canbe harmonized by
amending itsterms,itis hereby amended to harmonize thetwo ordinances.Therefore,only that portion
thatneedstoberepealedtoharmonizethetwoordinances shall berepealed.
Section5.EffectiveDate.This ordinanceshallbecomeeffectiveupon enactment.
PASSED AND ENACTED this 17^dayof December.2014.
34