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Ord. No. 07-98-1655ORDINANCE NO. 7 -98 -1655 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SECTION 20 -4.5 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE BY AMENDING SAID SECTION 20 -4.5 TO BE CONSISTENT WITH THE AMENDED LANDSCAPING REQUIREMENTS OF MIAMI -DADE COUNTY, AS SET FORTH IN CHAPTER 18 -A OF THE COUNTY'S CODE OF ORDINANCES, AND AS AMENDED BY COUNTY ORDINANCE NO. 98 -13, ADOPTED JANUARY 13, 1998; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 21, 1989, the County Commission of Dade County, Florida, adopted Ordinance No. 89 -8, which modified the existing County tree preservation regulations under Chapter 24, Code of Metropolitan Dade County, Florida, and required municipal enforcement of new "tree preservation and protection regulations" or required municipal notice to the County requesting enforcement by the County within the jurisdiction of the municipality; and, WHEREAS, on December 5, 1995, the County Commission of Dade County, Florida, adopted Ordinance No. 95 -222, which modified the existing County landscape requirements under Chapter 18A and required municipal enforcement of these County regulations; and, WHEREAS, on April 2, 1996, the City Commission adopted Ordinance No. 3 -96 -1603, in order to codify a unified and concise set of regulations, to be located in a single section of the adopted Land Development Code, and to provide for consistency of City regulations with Miami -Dade County adopted regulations; and, WHEREAS, on January 13, 1998, the County Commission of Dade County, Florida, adopted Ordinance No. 98 -13, which modified the existing County landscaping regulations under Chapter 18 -A, Code of Metropolitan Dade County, Florida; and, WHEREAS, the City Administration has prepared a package of amendments to Section 20 -4.5 of the City's Land Development Code, in order to provide for consistency with newly adopted revisions to the Miami -Dade County regulations, as set forth in Miami -Dade County Ordinance No. 98 -13, adopted on January 13, 1998; and, WHEREAS, the City Commission finds that it is in the public interest to provide for consistency of the City's regulations with County regulations, as required by Miami -Dade County. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Landscape Revisions Ordinance: 2nd Reading April 21, 1998 1 Section 1. Section 20 -4.5 of the Land Development Code, which is entitled "Landscape Requirements," is hereby amended as set forth in the attached Exhibit A. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 21st day of April, 1998. ATTEST: r APPROVED: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY reports A Landscape REV Oid.doc COMMISSION VOTE: Mayor Robaina: Vice -Mayor Oliveros: Commissioner Feliu: Commissioner Russell: Commissioner Bethel: 5 -0 Yea Yea Yea Yea Yea Landscape Revisions Ordinance: 2nd Reading April 21, 1998 2 CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: March 11, 1998 Agenda Item # From: Diana Morris Re: Comm. Mtg. 03/17/98 Deputy City Manager Landscape Revisions Ordinance REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SECTION 20 -4.5 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE BY AMENDING SAID SECTION 20 -4.5 TO BE CONSISTENT WITH THE AMENDED LANDSCAPING REQUIREMENTS OF MIAMI-DARE COUNTY, AS SET FORTH IN CHAPTER 18 -A OF THE COUNTY'S CODE OF ORDINANCES, AND AS AMENDED BY COUNTY ORDINANCE NO. 98 -13, ADOPTED JANUARY 13, 1998; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On April 2, 1996, the City Commission adopted Ordinance No. 3 -96 -1603, in order to condense, into a single source, all landscaping and tree regulations for the City of South Miami. These regulations include applicable sub - sections of Chapters 18A and 24 of the Code of Metropolitan Dade County, landscaping requirements originally adopted by South Miami, and a combined set of definitions. This ordinance is codified under Section 20 -4.5 of the Land Development Code. On January 13, 1998, the Miami -Dade County Commission adopted Ordinance No. 98 -13, which modified the existing County landscaping regulations under Chapter 18 -A of the Code of Metropolitan Dade County, Florida. The attached ordinance amends Section 20 -4.5 in the City's Land Development Code in order to incorporate the County's revisions. Changes are set forth in Exhibit A. Additions are indicated by underline font (e.g., additions), and deletions are indicated by strike - through font (e.g., deletions). The County's staff report, including a summary of changes, and Ordinance No. 98 -13 are attached for your reference. RECOMMENDATION: Approval to initiate the process. Attachments: Draft, Proposed Ordinance for First Reading Correspondence from Miami -Dade County City Manager's Report: Landscape Revisions Ordinance CITY OF SOUTH MIAMI QINTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Diana Morris Interim City Manager REQUEST: Date: April 15, 1998 Agenda Item # Re: Comm. Mtg. 04/21/98 Landscape Revisions Ordinance AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SECTION 20 -4.5 "LANDSCAPING REQUIREMENTS" OF THE CITY'S ADOPTED LAND DEVELOPMENT CODE BY AMENDING SAID SECTION 20 -4.5 TO BE CONSISTENT WITH THE AMENDED LANDSCAPING REQUIREMENTS OF MIAMI-DADE COUNTY, AS SET FORTH IN CHAPTER 18 -A OF THE COUNTY'S CODE OF ORDINANCES, AND AS AMENDED BY COUNTY ORDINANCE NO. 98 -13, ADOPTED JANUARY 13, 1998; PROVIDING FOR SEVERABI,ITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On April 2, 1996, the City Commission adopted Ordinance No. 3 -96 -1603, in order to condense, into a single source, all landscaping and tree regulations for the City of South Miami. These regulations include applicable sub - sections of Chapters 18A and 24 of the Code of Metropolitan Dade County, landscaping requirements originally adopted by South Miami, and a combined set of definitions. This ordinance is codified under Section 20 -4.5 of the Land Development Code. On January 13, 1998, the Miami -Dade County Commission adopted Ordinance No. 98 -13, which modified the existing County landscaping regulations under Chapter 18 -A of the Code of Metropolitan Dade County, Florida. The attached ordinance amends Section 20 -4.5 in the City's Land Development Code in order to incorporate the County's revisions. Changes are set forth in Exhibit A. Additions are indicated by underline font (e.g., additions), and deletions are indicated by strike - through font (e.g., deletions). The County's staff report, including a summary of changes, and Ordinance No. 98 -13 are attached for your reference. On March 31, 1998, the Planning Board voted 5:1 to recommend approval as presented. RECOMMENDATION: Approval. Attachments: Proposed Ordinance for Second Reading Correspondence from Miami -Dade County City Manager's Report: Landscape Revisions Ordinance Staff Memorandum to the Planning Board Planning Board Minutes from 03/31/98 20 -4.5 Landscaping and Tree Protection Requirements for All Zoning Districts Section 20 -4.5 contains the following sub- sections [ §]: COMBINED LANDSCAPING REQUIREMENTS TREE REMOVAL, RELOCATION & PROTECTION (A)Definition of Terms for 20 -4.5 Only (H)Tree Removal Permit- Applicability (B)Landscape Requirements- Applicability (I)Tree Removal Permit- Submittals (C)Landscape Requirements- Submittals (J)Tree Removal Permit - Replacement (D)Landscape Requirements- County (K)Tree Removal Permit - Relocation (E)Landscape Requirements -City (L)Tree Protection - Required Barriers (F)Landscape Plans Review Criteria (M)City of South Miami Tree Trust Fund (G)Certificate of Compliance Required (N)Violations of Section 20 -4.5 (A) Definition of Terms for Section 20 -4.5 Only In constructing the provisions of Section 20 -4.5, where the context will permit and no definition is provided in Section 20 -4.5 or in Section 20 -2.3 of the Land Development Code of the City of South Miami, then the definitions provided in Chapter 24 and Chapter 33 of the Code of Metropolitan Dade County, Florida, and Chapter 403, Florida Statutes, as may be amended from time to time, and in rules and regulations promulgated thereunder, as may be amended from time to time, which relate to Section 20 -4.5, shall apply to Section 20 -4.5 only, except as otherwise changed by the definition included in this subsection (B) as follows: Accessways shall mean the maximum width of an accessway through the perimeter landscaped strip to an off - street parking or other vehicular use area shall be determined according to the Public Works Manual, Part I, Standard Details. No more than one (1) two -way accessway shall be permitted for any street frontage up to one hundred (100) lineal feet, such standards to be applicable to any property under one (1) ownership. Where such ownership involves over one hundred (100) feet of street frontage, one (1) additional two -way or two (2) additional one -way drives may be permitted for each additional one hundred (100) feet of frontage or major fraction thereof. The balance of such street frontage not involved with accessways shall be landscaped in accordance with the provisions of § 20 -4.5. Affected tree shall mean any tree which shall be, or already has been, removed, relocated, or effectively destroyed, thereby requiring a tree permit pursuant to Section 20 -4.5. Automatic irrigation system shall mean an irrigation system with a programmable controller or timing mechanism. Bona fide agricultural activities shall mean land used for the growing of food crops, nurseries for the growing of landscape material, the raising of livestock, horse farms, and other good faith agricultural uses, except any portion of the property not eligible for agricultural exemption. Bona fide agricultural purposes shall mean good faith commercial or domestic agricultural use of the land. In determining whether the use of the land for agricultural purposes is bona fide, the following factors set forth in Section 193.461, Florida Statutes (and as amended from time to time), though nonexclusive, shall be taken into consideration: (1) the length of time the land has been so utilized; (2) whether the use has been continuous; (3) the purchase price paid; (4) size, as it relates to specific agricultural use; (5) whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with Exhibit A accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices; (6) whether such land is under lease and, if so, the effective date, length, terms, and conditions of the lease; and, (7) such other factors as may from time to time become applicable. Bona fide fruit grove shall mean a grove of fruit trees specifically planted to produce edible fruit for commercial purposes or personal consumption by owner(s). Botanical garden shall mean any publicly -owned real property used for the cultivation of plants for display or scientific research. Buffer or Perimeter Landscape shall mean an area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts. Caliper shall mean for trees under four (4) inches in diameter, the trunk diameter measured at a height of six inches above natural grade. For trees four (4) inches and greater in diameter, the trunk diameter measured at twelve (12) inches above natural grade. Clearance pruning shall mean pruning required to avoid damage or danger related to structures power distribution and property, as defined in the current ANSI 300 Standards. Colonnade shall mean a roof or building structure, extending over the sidewalk, open to the street and sidewalk, except for supporting columns or piers. Common open space shall mean an area required as open space in this section or other sections of the Land Development Code of the City of South Miami. Canopy shall mean those trees which constitute the tallest layer of foliage. Canopy cover shall mean the aerial extent of the branches and foliage of a tree. Canopy coverage shall mean the extent of ground within the drip line of a tree. Controlled plant species shall mean those plant species listed in the Landscape Manual which tend to become nuisances because of their ability to invade proximal native plant communities or native habitats, but which, if located and cultivated properly, may be useful or functional as elements of landscape design. Dade County Nursery Report shall mean a monthly, published bulletin listing availability of trees, prices of trees, and stock of many major nurseries in Dade County which is prepared by the Florida Nurserymen and Grower Association. Developed land shall mean land upon which structures or facilities have been constructed. Development shall mean any proposed activity or material change in the use or character of land, including, but not limited to, the placement of any structure, utility, fill, or site improvement on land, and any act which requires a building permit. Exhibit A 2 Diameter at Breast Height (DBH) shall mean diameter of a tree's trunk measured at a point four and one -half (4 'h) feet from -whe Pre the tree above natural grade. In the case of multiple - trunked trees, the DHB shall mean the sum of each trunk's diameter measured at point-- eT- pednt-s-- a height four and one -half (4 %) feet €re e -greund at above natural grade. Differential operation schedule shall mean a method of scheduling an irrigation system to apply different quantities of water, and /or apply water at different frequencies as appropriate, for different hydrozones. Dissimilar land uses shall mean proximate or directly associated land uses which are contradictory, incongruous or discordant, such as high- density residential, intensive commercial or industrial uses located adjacent to low- intensity uses. Dominance shall mean the species or group of species having the largest total number of individuals in the canopy and /or understory within a defined area. Drip line shall mean an imaginary vertical line extending from the outermost horizontal circumference of a tree's branches to the ground. Dwelling, single - family shall mean a residential structure which is designed for, or occupied by, one (1) "family ", as defined under Section 20 -2.3, Definitions. Duplex dwelling shall mean a residential building designed for, or used as, the separate homes or residences of two (2) separate and distinct families, but having the appearance of a single- family dwelling house. Each individual unit in the duplex shall comply with the definition for a one "dwelling, single - family ". Effeotive 4P.Struption shamean the cutting, tri iiing, girdling damaging ^c tre Is trunk, branch or root system to the extent that the-tree-ia-ne longer viable, or tree pruni g net in accordanpp with the most rece-nt. American. National Standards institute (ANSI) A 300 Stand-.rd Praptipps for Tree Care Operations. Energy conversation zone shall mean a zone located no more than twenty -two (22) feet from a structure in a 180 degree band from due east of the northeast point of the structure to due south to due west of the northwest point of the structure. Environmentally - sensitive tree resources shall mean a specimen tree, natural forest community, or any other tree or trees that substantially contribute(s) to the aesthetics of an area, which are not exempted from these permit requirements. Existing development shall mean a site with structures that were legally approved through the issuance of a Certificate of Use and Occupancy or a Certificate of Completion as of February 13, 1996. Facultative shall mean plants with a similar likelihood of occurring in both wetlands and uplands which are not recognized indicators or either wetland or upland conditions. Firebreak shall mean an area of bare ground no more than ten (10) feet in width in a forest which has been created to prevent the spreading of wild fires. Exhibit A 3 Florida Number 1 Grade or equivalent shall mean the classification of the quality of a nursery plant as published in Grades and Standards for Nursery Plants, Part II, Fla. Dept. of Agriculture and Consumer Services, Division of Plant Industry. Forbs shall mean herbaceous plants other than grasses Forest management plan shall mean a document which specifies techniques that will be implemented to maintain and preserve an individual natural forest community. Geologic feature shall mean a natural rock or mineral formation. Gray water shall mean that portion of domestic sewage emanating from residential showers residential bathroom washbasins or residential clothes washing machines. Ground cover shall mean a dense, extensive growth of low- growing plants, other than turf grass, normally reaching an average maximum height of not more than twenty -four (24) inches at maturity. Hat - racking or Topping shall mean the -rem al twno^ e '"a- o`er -t ^' ^" rng- e-anop flat- cutting the top of a tree severing the leader or leaders, or the removal of any branch three (3) inches or greater in diameter at any point other than the branch collar. Hazard pruning shall mean the removal of dead diseased decayed or obviously weak branches two (2) inches in diameter or greater. Heat island shall mean an unnaturally high temperature micro - climate resulting from radiation from unshaded impervious surfaces. Hedge shall mean a landscape barrier consisting of a continuous, dense planting of shrubs, not necessarily of the same species. Herbaceous plant shall mean a plant having little or no woody tissue Highway shall mean any public thoroughfare, including streets, designed for motor vehicles. Hydromulch shall mean a sprayed application of seed mulch and water. Hydrozone shall mean a zone in which plant material with similar water needs are grouped together. Included bark shall mean bark that is pushed inside a developing crotch causing a weakened structure. Irrigation detail shall mean a graphic representation depicting the materials to be used and dimensions to be met in the installation of the irrigation system Irrigation plan shall mean a plan drawn at the same scale as the landscape plan, indicating location and specification of irrigation system components and other relevant information as required by this ordinance. Irrigation system shall mean a system of pipes or other conduits designed to transport and distribute water to keep plants in a healthy and vigorous condition. Exhibit A 4 Landscape feature trellis, arbor, fountain, pond, garden, sculpture, garden lighting, decking, patio, decorative paving, gazebo and other similar elements. Landscape material shall mean plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees and non - living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials. Landscape plan shall mean a plan indicating all landscape areas, stormwater retention /detention areas, areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained, proposed plant material, landscape legend, landscape features, planting specifications, and details, and all other relevant information required in Section 20 -4.5. Landscape replacement plan shall mean a drawing containing proposed tree removal, tree replacement planting, tree relocation, and preservation areas. Lawn area shall mean an area planted with lawn grasses. Manual irrigation system shall mean an irrigation system in which control valves and switches are manually operated rather than operated by automatic controls. Mixed use shall mean the approved use or occupancy of buildings or parcels for both residential and nonresidential purposes in the same development or project. Moisture and rain sensor switch shall mean a— devices with the ability to switch off an automatic irrigation controller after receiving a determined amount of rainfall or moisture content in the soil. Mulch shall mean non - living organic materials customarily used in landscape design to retard erosion, weed infestation, and retain moisture, and for use in pathways and —plate planting areas. Multifamily residential development shall mean an approved residential dwelling, building or structure(s) designed to be occupied by three (3) or more families. Multiple single - family developments shall mean attached or detached single - family residential developments that are planned as a total project and not as one single - family unit on one parcel, such as in Planned Unit Development projects. Native habitat shall mean an area enhanced or landscaped with an appropriate mix of native trees, shrubs and ground cover species that resembles a native plant community or natural forest community in structure and composition or is naturally occurring nd is smaller #ban .w,. give .wr,..hol c,.,- zn,...._,... .-.,, c,...,,st eemmunit.. Native plant species shall mean a plant species with a geographic distribution indigenous to all or part of Dade County. Plants which are described as being native to Dade County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela and "The Biology of Trees Native to Tropical Florida" by P. B. Tomlinson, are native plant species within the meaning of this definition. Plant species which have been introduced into Dade County by man are not native plant species. Exhibit A 5 Native plant community shall mean a natural association of plants dominated by one or more prominent native plant species or characteristic physical attributes. Natural grade shall mean the ground elevation of a property prior to the placement of any fill on the site. Natural Forest Community shall mean all assemblages of vegetation designated as Natural Forest Communities on the Dade County Natural Forest Community Maps and approved by the Board of County Commissioners, pursuant to Resolution No. R- 1764 -84 and further defined in Section 24 -3 of the Dade County Code. Net lot area shall mean the area within lot boundaries of all lands comprising the site. Net lot area shall not include any portion of the abutting dedicated streets, alleys, waterways, canals, lakes or any other such dedications. Nonviable shall mean not capable of existing and continuing to provide biological or aesthetic qualities associated with a healthy, functioning tree resource. One family dwelling shall mean a private residential building used or intended to be used as a home or residence in which all living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all appliances for sanitation, cooking, ventilation, heating or lighting are designed for the use of one family only. Owner- builder shall mean (an) owner(s) in fee who construct(s) no more than one (1) single - family or duplex residence per year for personal use and occupancy by said owner(s), and not intended for sale. Overhead irrigation system shall mean a high pressure high volume irrigation system. Perimeter landscape or Buffer shall mean an area of land which is set aside along the perimeter of a parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to eliminate or reduce the adverse environmental impact, and incompatible land use impacts. P_7alnt: mat:er437 rozone) shall mean a grouping of plant material wit;h qimila water requirements. Planting detail shall mean a graphic representation of the plant installation depicting the materials to be used and dimensions to be met in the placement of plants and other landscape materials. Preservation area shall mean portions of a site that are to be protected from any tree or understory removal (except as required by the City of South Miami) and maintained without any development. Prohibited plant species shall mean those plant species listed in the Landscape Manual which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare. Protective barrier shall mean a temporary fence or structure built to restrict passage into an area surrounding a tree or stand of trees for the purpose of preventing any disturbance to the roots, trunk, or branches of the tree(s). Exhibit A 6 Relocated tree shall mean a tree which has been transplanted pursuant to Section 20- 4.5 and which continues to be viable at least one year after transplanting. Replacement tree shall mean a shade tree, small tree, or palm tree required to be planted pursuant to the provisions of Section 20 -4.5. Root ball shall mean a group of roots extending from the base of a tree trunk that must be intact when relocating a tree in order to promote tree. Shrub shall mean a self- supporting woody perennial plant of low to medium height, normally growing to a height of twenty -four (24) inches or greater, characterized by multiple stems and branches continuous from the base. Site plan shall mean a scaled, comprehensive drawing or set of drawings, which indicates site elevations, roadways, rights -of -way, setbacks, easements and the location of all site improvements, including proposed and existing buildings, all structures, parking areas, driveways, access roads, other paved areas, ingress and egress drives, landscaped open space, signage and any other site development. Specimen tree shall mean a tree with any individual trunk which has a DBH of eighteen (18) inches or greater, provided, however, that the following trees are not specimen trees: (1) All trees listed in Section 20- 4.5(H)(5); (2) Non - native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to, mangos, avocados, or species of citrus; (3) Non - native species of the genus Ficus; (4) All multitrunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix reclinata which have a minimum height of fifteen (15) feet. Spray head shall mean an irrigation device which applies water to the soil or plant surface by fixed spray or mist nozzles Stabilized lawn area shall mean area of ground underlain with structural support in the form of grass pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks, and garbage trucks. State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund established under Florida Statutes Chapter 375 (as amended from time to time) for the purposes of purchasing environmentally - sensitive land. State - Approved plant nursery shall mean a business actively engaged in propagating, growing, maintaining, and selling tree species that has been licensed to conduct such business by the State of Florida or by Dade County. Stormwater retention detention area shall mean an area designed built and used for temporary storage of stormwater. For purposes of this ordinance these areas are intended to be permanently exempt from wetlands regulations Exhibit A 7 Street tree shall mean a single trunk tree of-a-speeles typically grown in Dade Co" t. and ____..ally maturing to a height of at least twenty (20) fpe#. and having minimum elear trunk of four (1) feet at time of plant4 4_�� t.� ma- turity. Such street shall he placed o rage spacing e f thirty five (�S) feet on enter along roadways- Temporary irrigation system shall mean a system including surface distribution elements (hose, pipe, etc.) which may be removed when landscape is established. Topping or Hat - racking shall mean the removal within a one (1) year period, of more than one -third of a tree's living canopy, or the removal of any branch three (3) inches or greater in diameter at any point other than the branch collar. Tree shall mean a woody or fibrous perennial plant with a trunk having a minimum DBH of three (3) inches or with an overall height of twelve (12) or more feet. Tree shall not include any mangrove trees as defined in Section 24 -3(77) of the Code of Metropolitan Dade County, Florida. Tree abuse shall include: (1) Damage inflicted upon any part of a tree, including the root system, by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction excavation, chemical application or spillage, or change to the natural grade. (2) Hatracking. (3) Girdling or bark removal or more than one -third (1/3) of the tree diameter. (4) Tears and splitting of limb ends or peeling and stripping or bark resulting from improper pruning techniques not in accordance with the current ANSI A300 Standards. Tree canopy cover (see canopy cover) Tree removal shall mean directly or indirectly cutting down, destroying, removing or relocating, or effectively destroying (through damaging, trimming, authorizing or allowing cutting down, destroying, removing, moving or damaging of ) any tree. Tree s.. __ e shall mean a a_-,w ng -oVerl a a directly upon . e- site plan nd-at-the same—scale a the site !a sufficient i de the —following nformat /l \ / \ th l ^^^ti-e.r, plotted by -. .. ♦....L...i. ues, in .....lat4 en t.. -.l l— ex-if�tl-ng --and propose, development, e€ all existing trees of a four /n i ineh -Dn. H o larger which are to be removed, rellocated, - eked.. inf-ormat-ion- (a)sci_ntific and common name of trees, each. of hi.-.h Phal- l— be— numbber-ed -; (b) d-i mete at breast height (DHB) of each tree, or if -.__mul-t�r-unk-tree; the--sum DBII for all trunks; cu=,�.st_ima#P nf- #hP height, e�no^nz- eav2a3- eend�en- o�eaeh tree n ..hether specimen tree(s) exist on sit ^a, Exhibit A 8 (d)beundaries ef any�ative plant community -hat exists on &it �'� Native a-,,f - nv determined by Dade Count Tree Well shall mean a soil retaining structure designed to maintain the existing natural ground elevation beneath a tree to preserve the tree when the surrounding area is filled to raise the ground elevation. Tree wells shall have a minimum radius of three (3) feet from the trunk of the tree and a maximum radius of ten (10) feet from the trunk of the tree. Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant species that are typically associated with a natural forest community, native plant community, or native habitat. Vegetation required to be preserved by law shall mean the portions of a site, including but not limited to, Specimen Trees, Natural Forest Communities, and native vegetation which are clearly delineated on site plans, plats, or recorded restrictions, or in some other legally binding manner, that are to be protected from any tree or understory removal or effective destruction and maintained without any development. Vegetation survey shall mean a drawing provided at the same scale as the landscape plan which includes relevant information as required by this ordinance. Vehicular use area shall mean a hard surface area designed or used for off - street parking and /or an area used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles. Vine shall mean a plant with a flexible stem which normally requires support to reach mature form. (B) Landscaping Requirements - Applicability Section 20 -4.5 shall apply to all public and private development when a permit is required, except for the following: (1) Existing attached and detached single - family and duplex dwellings, including any future additions or expansions shall be exempt from the provisions of Section 20 -4.5. (2) Bona fide agricultural activities: Any portion of property not receiving an agricultural classification and assessment pursuant to Section 193.461 of the Florida Statutes shat comply •• �- —the of °^^t' ^n— '"�5L substantiated by a plan submitted indicating the area with the agricultural classification. (3) Existing development as defined in § 20- 4.5(A) shall only be required to comply with the street tree requirements of § 20- 4.5(D)(3); however, the requirements of § 20- 4.5(D)(3) shall not apply to existing attached and detached single - family and duplex dwellings, per § 20- 4.5(A)(1) above. (4) Parking lot buffer will not be required if inadequate area exists which will cause the elimination of any required parking pursuant to this code. Exhibit A 9 The provisions of Section 20 -4.5 shall only apply where a building permit is required for external alterations or where a paving permit is required for expansion of parking areas. Routine maintenance such as re- roofing and painting shall not be considered external alterations for Section 20 -4.5 requirements; however, re- roofing and painting is considered an external alteration under other provisions of this Code and may require the approval of the ERPB and /or a permit. (C) Landscape Requirements - Submittals All submitted landscape plans, irrigation plans, tree surveys and other required submittals must meet with the approval of Planning Division, prior to issuance of permits for paving, new parking areas, or expansion of existing parking areas. (1) Landscape Plans 4a'%_o_.:...ing ,,,...,.l,.pmen": ands. plans for Cxistin developm°."Trc�^cr.,ay be TAT prepared owner-^r the presentee y {b}(a) New -One Owner - builder Single Family or Duplex Dwelling: Landscape plans submitted for new one family or duplex dwellings may be in the form of plot plans or drawings prepared by the owner or the owner's representative, provided however, developments requiring site plan review shall meet with the requirements of the section below and with Chapter 481, Florida Statutes. {E}(b) All Other New Development: Landscape plans for new development other than provided for under (a) and ) above, shall be prepared by, and bear the seal of, a landscape architect licensed to practice in the State of Florida, or by persons authorized to prepare landscape plans or drawings under Chapter 481, Florida Statutes. Preliminary 1Landscape plans shall be provided as part of the submission for site plan approval ^..rmi.,�,,,�tted _w=�a ,,; fh the initial, bai ng-plans. Such plans shall: i. be drawn to scale with dimensions and include property boundaries north arrow, graphic scale, and date; ii. include a tree- vegetation survey, including an aerial photograph which outlines the subject site, provided at the same scale as landscape plan(s); iii. delineate existing and proposed structures, parking spaces, and other vehicular use areas, access aisles, sidewalks, utilities, driveways, signs,, the loentrion ^f u.#it es-and easements, ^^'fie height and voltage of power of-,qny--ati-14-ty� lines on the property or adjacent properties, and similar features; iv. dejigna�e indicate the common and scientific name and quantity of plants to be installed using "Landscape Legend" code format as prescribed by the Miami -Dade County Director of the Department of Planning, Development and Regulation 'ecatia sELze— a=id- quant-it -y in accordance with the requirements of Section 20 -4.5; Exhihit A 10 V. identify an"ed all landscape features and non - living landscape materials^ fled; vi. show all areas of vegetation landscape features, 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- preseNt ^^ and geologic features in- con-text with. the lncation-and-c�e of e- x -i-s -t r39 -any - prepesea buildings, fences, and struet -ural improvements upon the site; vii. illustrate geologic, historic and archeological features to be preserved; viii. depict stormwater retention /detention areas and areas excluded from maximum permitted lawn area; ix. document zoning district net lot area required open space, and maximum permitted lawn area; X. show building coverage and the location and dimension of greenbelt and water areas proposed for business and industrial zones, as required in the Land Development Code; xi. complete "Preparer's Certification of Landscape Compliance." Final landscape plans submitted for permit shall include all of the above, as well as the following: xii. a fully completed, permanently affixed "Landscape Legend" as prescribed by the Director of the Department of Planning, Development and Regulation; xiii. critical layout dimensions for trees plant beds and landscape features; xiv. method(s) to protect and relocate trees and native plant communities during construction; vi3 . -.3 . -ndicate means and�ethed( 4 to protect trees and native plant ona.munitie.q during construction—, —and7 xv. planting details and specifications; xvi. irrigation plans, as may be required by the zoning district; xvii. irrigation details and specifications, as required above; and, xvi. notarized "Preuarer's Certification of Landscape Compliance" at time of final inspection Exhihit A -i nf-o.-mat -i on. necessary to evaluate . 1 ; -....,.,. with the provisions of Section 20 nn 5 including net lot area; building coverage; amount- of open space; quantity, size, and spee4es -o° trees to be plan ted- prese.,.....a and relocated; quantity, s32- e�..a- species ef all- nt!her material to be- planted, preserved, and relocated; square footage of paved areas, and. such. other i for4natt9n- required to ai,,. a determinatio that —tlie landscape plan meets the requirements of Section 20 n (2) Vegetation Tree Survey —(a) —A vegetation wee survey, as defined in § 20- 4.5(A), shall be provided for with ..f four ins inches nnv -. t., all sites w .,�� reti �r at the same scale as the landscape plan. The vegetation survey shall be accompanied by an aerial photograph which outlines the subject site without obscuring its features. The vegetation survey shall provide the following information: i. the accurate location and arauhic representation, in relation to existing development of all existing trees of a minimum two (2) inch DBH or ten (10) foot height, or for native trees, of a minimum one and one - half (1 '% ) DBH or eight (8) foot height, including those which are proposed to be removed relocated or preserved on site in accordance with the recruirements of this section; ii. the boundaries of any native habitat native plant community, native plant species, and /or Natural Forest Community and associated understory that exists on site, as determined by the Miami -Dade County Department of Environmental Resources Management [DERM); and, iii. a table showing the following information a. the scientific and common name of each tree, each of which shall be numbered; b. the diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH for all trunks; and, c. an estimate of the height, canopy cover, and physical condition of each tree, and whether specimen tree(s) exist on the site. (3) Irrigation Plans Irrigation plans shall be submitted, whenever a landscape plan is required. (a) For a new one family or duplex dwelling, the irrigation plan may be indicated on a plot plan or a separate drawing prepared by the owner or the owner's agent indicating area(s) to be irrigated, location and specifications of lines and heads, and pump specifications. (b) All Other Development: Irrigation plans shall be submitted with the initial, master building plans. Exhibit A 12 Such plans shall i. be drawn on a base plan to same scale as landscape plans(s); ii. delineate landscape areas, major landscape features and plant material zones (hydrozones), if applicable; iii. delineate existing and proposed structures, parking areas or other vehicular use areas, access aisles, sidewalks, driveways, the location of utilities and easements, and similar features; iv. include water source, design operating pressure and flow rate per zone, total volume required for typical depths of application, and application rate; and, V. include locations of pipes, controllers, valves, sprinklers, back flow prevention devices, and electrical supply. vi. Irrigation details (D) Landscape Requirements - County The following standards shall be considered the minimum requirements for al ',ndA^° ' ^', ^^ unless otherwise indicated: (1) Lawn area (turf) (a) For all residential and mixed uses, lawn area shall be limited to a maximum of `'-}-- '�^- G�sixty (60) percent of the required landscaped open space, as required in Section 20 -3.5. In residential zoning districts where landscaped open space is not specified, lawn area shall be restricted to a maximum of th-i =b -(3A} fifty (50) percent of the net lot area. (b) For all office, commercial, and industrial uses, lawn area shall be limited to a maximum of twenty (20) percent of the required landscaped open space, as required in Section 20 -3.5. Where landscape open space is not specified, lawn area shall be restricted to a maximum of twenty (20) percent of the net lot area less the area covered by buildings. Very drought tolerant grasses and low growing native plant species, including grasses and forbs, as referenced in the Landscape Manual, may be used as groundcover beyond the maximum permitted grass area. (c) Grass areas shall be planted in species well adopted to localized growing conditions in Dade County. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded, except that solid sod shall be used in swales or other areas subject to erosion_;- and;—pr-ov ;g —thaw_ Iin areas where other than solid sold or grass seed is used, over - seeding shall be sown for immediate effect and protection until coverage is otherwise achieved. Exhrbrt A 13 (d)Stabilized-grassed area used for pi .\ -A i..,- --r-areas used for organize sports, _..g.,.....nds or areas ..gea for organi z ed- sports, playgrounds picnic areas, shall not be count « -Td- -t .. ,..,x� um�e�'mrt-tedt- lawn parks shall not count --toward the maximum per ..:it -ted lawn area. (d) Exclusions from maximum permitted lawn areas: i. stabilized grass areas used for parking; ii. grassed areas designated on landscape plans and actively used for sports, playgrounds or picnic areas; iii. grassed areas in the right -of -way; and, iv. stormwater retention /detention areas planted in grasses which are very drought tolerant, as referenced in the Landscape Manual, as well as tolerant to wet soils. (2) Irrigation (a) All newly - planted and relocated plant material shall be watered by temporary or permanent irrigation systems until such time as they are established. (b) Irrigation shall be prohibited within native plant communities and natural forest communities, except for temporary systems needed to establish newly planted material. Temporary irrigation systems shall be disconnected immediately after the establishment of plant communities. (c) Irrigation systems shall be designed to conserve water by allowinq differential operation schedules £^° high and l ow w t^r— regtvi=ement areas based on hydrozone. (d) Irrigation systems shall be designed, operated, and maintained with heads wh�r�hic-r�avch '�o to not overthrow or overflow on -to impervious surfaces. (e) Low trajectory spray heads, and /or low volume water distributing or application devices, shall be used. Aerial Overhead irrigation systems shall only be permitted €erin bonafide agricultural activity areas planted with g t. -..,. ,. ...: '�ubb Which are e half (i/) acre er larger in s iae . (f) Gray (nen potable) water shall be used where approved systems are available. (g)Autem ms —steal l be c pabl e ..f —being switched to manual during Ta1ny- periods, and '" u ,-1— irrigation - systems shall be e pe with autematic shutDff —w�a,. rie .,. +11}(q) During dry periods irrigation application rates of between one (1) and one and one -half (1 'h ) inches per week are recommended for turf areas. Exhibit A 14 (h) A moisture or rain sensor device shall be required on all irrigation systems equipped with automatic controls. (i) Irrigation systems shall be timed to operate only during hours and on days permitted in Chapter 32, Code of Met rep allitanMiami- -Dade County. (j) If an irrigation system is not provided, a hose bib shall be provided within seventy -five (75) feet of any landscape area. (3) Street trees (a)Street trees shall have a clear trunk of fcr....J (4) feet, overall height of twelve (!2) feet and-a. minimum DPH of two (2) inches t time of pfd sha-13 --be provide along all roadways at imam- average spacing of thirty five—P-54--feet—on—center- (a) Size and spacing. Street trees shall be of a species typically grown in Dade County which normally mature to a height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of twelve (12) feet and a minimum caliper of two (2) inches at time of planting, and shall be provided alonq all roadways at a maximum average spacing of thirty -five (35) feet on center, except as otherwise provided in this Chapter. Street trees are not required when a colonnade open to the public is located within four (4) feet of the edge of the roadway. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right -of -way obstructions as determined by the Public Works Department or the appropriate authority within the municipality. (b) The thirty -five (35) foot average spacing requirement for multiple single - family units shall be based on the total lineal footage of roadway for entire projects and not based on individual lot widths. (c) Power lines. Where the height and location of overhead power lines require the planting of low growing trees, street trees shall have a minimum height of eight (8) feet, a minimum caliper of one and one -half (1 % ) inches at time of planting , and shall meet the following requirements: i. Single trunk trees clear of lateral branches to four (4) feet and /or multi -trunk trees or tree /shrubs, as referenced in the Landscape Manual cleared of foliage to a height of four (4) feet. ii. A maximum average spacing of twenty -five (25) feet on center. iii. Maturing to a height and spread not encroaching within five (5) feet of overhead power distribution lines. iv.. Under hiqh voltaqe (50kV and above) transmission lines installed independent of underbuilt distribution lines, tree height and spread shall not exceed the minimum approach distances specified in the current ANSI (American National Standards Institute) 2133.1 Standards, as referenced in the Landscape Manual. Exhibit A 15 (d) Palms. Palm, of—a- -tee =r410) feet minimum ,.,., ll height a# time ..c .mi la t ng, er of ... PBH of three (3) neheB–at .t me—,st . 9 shall count as a re tr-ee on the basis of t (2) p-.lms p y tom.... Palms which meet all of the following requirements shall count as a required street tree on the basis of one (1) palm per tree. i. Minimum canopy of fifteen (15) feet at maturity. ii. Provided at an average maximum spacing of twenty -five feet (25) feet on center. iii. Fourteen (14) foot minimum overall height or minimum caliper of four (4) inches at time of planting. It is provided however that queen calms (Svagrus romanzoffiana) shall not be allowed as street trees. No more than thirty (30) percent of the minimum tree requirements may be met by palms. - d+(e) Thirty (30) percent of the required trees and /or palms shall be native species. 4-e+ (f) No more than t..,...t.. i2 pe-rec ,.c the native tree requirements hall be Saba' Palmetto (Cabbage Palm -ln order to prevent adverse environmental impacts to existing native plant communities onl existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy minimum tree and native plant requirements, except that Cabbage Palms which are rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements. {€}(g) 9When trees are planted within the right -of -way, the owners of land adjacent to the areas where street trees are planted must maintain those areas, including the trees, plants and sod, using pruning methods specified in this section. A covenant executed by those owners is required, or a Special Taxing District must be created to maintain these areas. Where the State, County, or municipality determines that the planting of trees and other landscape material is not appropriate in the public right -of -way, they may require that said trees and landscape material be placed on private property. - (,g}( h) Where trees are planted on private property, they shall be placed within seven (7) feet of the edge of the dedicated right -of -way or within seven (7) feet of the edge of the roadway and /or inside edge of a sidewalk on private roads. -(h}(i) Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. {i}(i) Street trees are not required when a colonnade open to the public is located within four (4) feet of the edge of the roadway. Exhibit A 16 {j-}(k) Street trees in the Hometown District overlay shall be located per the street tree requirements set forth under Section 20 -7. (4) Shading Requirements for Structures and A/C Units Trees shall be planted to provide shade to residential structures that are thirty -five (35) feet in height or less. At least two required lot trees shall be positioned in the energy conservation zone as defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees and /or shrubs, as referenced in the Landscape Manual. (5) Site Trees Tree removal permits or natural forest community vegetation removal permits are required prior to removal of trees, specimen trees, or any vegetation in a natural forest community, respectively, pursuant to § 20- 4.5(H) -(L). (a) Tree size: All trees, except street trees, and trees located beneath power lines shall be a minimum of ten (10) feet high and have a minimum diameter at breast height '^° °`caliper of two (2) inches at the time of planting except that thirty (30) percent of the tree requirement may be met by native species with a minimum height of eight (8) feet and a minimum 13HHcaliper of one and one -half (1%) inches at time of planting. (b) Minimum number of trees: The minimum number of trees required under Section 20 -4.5 for landscape plan submittals shall be as follows: 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 3 per lot RT -6, RT -9, RM -18, RM -24, RO, LO, MO 28 trees per acre of net lot area NR, SR, GR, PI, H, Mixed Use, TODD, CRO 22 trees per acre of net lot area I (Intensive) 15 trees per net acre of lot area (c) Existing trees on site required to be preserved by law and that meet the size requirements in (a) above may be counted toward fulfilling the minimum tree requirements. (d) Required street trees and trees for shading of shaLl be counted toward the min-imum In addition to the number of trees indicated in Table A, additional trees (street trees) may be required as provided in the previous sub - section, entitled Street Trees. -(e}(e) Grassed areas to be used for organized sports as football, soccer or other similar sports or playgrounds, that are clearly identified on sitelandscape plans specifically far active sports activities playgrounds, shall not be counted toward calculating tree requirements. {d) -(f) Palms of a ten (10) foot minimum overall height at planting, or of minimum 13HHcaliper of three (3) inches at time of Exhibit A 17 planting shall count as a required tree on the basis of two (2) palms per tree except as provided herein for palms used as street trees. No more than thirty (30) percent of the minimum tree requirements may be met by palms. {e}(Q) Prohibited and controlled tree species shall not be counted toward fulfilling the minimum tree requirements. Prohibited trees shall be removed from the site. +f4(h) Thirty (30) percent of the required trees and /or palms shall be native species. A ?i No-me than (20) percent of the alive— tree —re Ys shale' be--&abal Palmetto (Cabbage) PaIm.In order to prevent adverse environmental impacts to existing native plant communities onl existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy minimum tree and native plant requirements, except that Cabbage Palms which are rescued from government approved donor sites, transplanted within the site, or commercially grown from seed shall be counted towards the minimum tree and native plant requirements. +h}(i) Consideration shall be given to the selection of trees, plants and planting site to avoid serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. (6) Shrubs and Hedges - minimum standards for size, number and variety (a) Shrubs shall be provided at a ratio of seven (7=r ten (10) per required tree. All sShrubs shall be minimum of eighteen (18) inches in height when measured immediately after planting. (b) when used as a visual screen, buffer, or hHedges, shrubs shall be planted as required under §20- 4.5(D) and §20- 4.5(E), at a maximum spacing of thirty (30) inches on- center, or if planted at a minimum height of thirty -six (36) inches, shall have a maximum, average spacing of forty -eight (48) inches on- center and shall be maintained so as to form a continuous, unbroken, and solid visual screen within a maximum of one year after time of planting. (c) Shrubs and hedges shall not be necessarily of the same species. (d) Thirty (30) percent of shrubs and hedges shall be native species. (7) Vines - minimum standards for size and uses Vines shall be a minimum of twelve (12) inches in length immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. Planting of perimeter walls with vines is recommended as a deterrent to painting of graffitti. (8) Ground Covers - minimum standards survival and hedge replacement Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonable Exhibit A 18 complete coverage within one (1) year after planting. --Gr- nd- C-^^ver— may -be^ percent of the required shrubs at a ra#p Rf three 9) Mulch - minimum standards for depth and required use (a) Weed -free mulch shall be applied and maintained in a minimum three (3) inch laver under and around all trees and shrubs, and in a minimum two (2) inch layer under and around all- ^plant4nq�-areasground cover. (b) The use of mulch shall be restricted to planting areas. (c) Cypress mulch shall not be used because its harvest degrades cypress wetlands. (10) Buffers Between Dissimilar Land Uses - additional requirements (a) Additional Requirement for Six -Foot Screening: Where dissimilar land uses exist on adjacent properties, and where such areas will not be entirely visually screened by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a buffer consisting of a six (6) foot wall or fence with a life expectancy of at least ten (10) years, or a bedgeshrubs which normally grows to a minimum height of six (6) feet. (b) Increased Standards for Hedge Size /Spacing: Where chain link fencing is permitted, a h dgeshrubs shall also be required. All sShrubs used as a buffer shall be a minimum of thirty (30) inches in height at time of planting, and shall be planted at a maximum spacing of thirty -six (36) inches on center or a minimum of thirty -six (36) inches in height at time of planting and planted at a maximum average spacing of forty -eight (48) inches on center. Said buffer shall form a continuous screen between the dissimilar land uses within one (1) year after planting. (c) Additional Trees Required in Buffers: Buffers screening dissimilar uses shall include trees planted at a maximum spacing of thirty -five (35) feet on center within a minimum five (5) foot landscaped strip. (11) Parking Lot Buffers All parking lots adjacent to rights -of -way or private streets shall be screened by a continuous hedgeplanting and /or three (3) foot high wall with a seven (7) foot landscaped strip incorporating said hedge planting and /or wall on private property. Hedges shall be a minimum hight`^rght -ee - ('8)inches Planting material at time of planting shall be either a minimum height of eighteen (18) inches, with a maximum average spacing of thirty (30) inches on center or a minimum height of thirty -six (36) inches with a maximum average spacing of forty -eight (48) inches on center. (12) Landscaped Areas in Parking Lots - to exceed open space requirements (a) All parking lots shall land parking a�d- space�m w^ �,-ce Exhibit A ) 9 .. parking lot subje t - t^oTa=. i--R v4,-- . Ten (10 ) square feet of landscaped area per parking space shall be provided within a parking lot. In order to maximize the distribution of shade trees shall be planted throughout the interior of the parking lot at a minimum density of one tree per eighty (80) square feet of landscaped area exclusive of parking lot buffers. Planting areas for each tree shall have a minimum width of five (5) feet, exclusive of the curb dimension, and shall be planted or covered with other landscape materials (b) This requirement is in addition to applicable required open space. Planting areas shall be.a minimum of twenty -five (25) square feet. (13) Plant Quality - minimum standards (a) All plants installed 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 State of Florida Department of Agriculture and Consumer Services. (b) Trees installed pursuant to this section shall have one primary vertical trunk and secondary branches free of included bark up to a height of six (6) feet above natural grade. (14) Prohibitionsed and Contrelled Plant Species Pvehahited s .,ha„ ^ ^t— be-planted and shall h.. owed— f -r-em any site which -- is-subject to the requirements of-See ion -- - -- species shat t be ., anted�wi -th-' - - -ural— Forest Community or nat-i . (a) Prohibited Plant Species shall not be planted and shall be removed from any site which is subject to the requirements of this ordinance. (b) Controlled Plant Species shall not be planted within five hundred (500) feet of a Natural Forest Community or native habitats as defined herein. (c) West Indian Mohagony (swietenia mahagoni) shall not be planted within five hundred (500) feet of a rockland hammock or pine rockland. (d) Tree Abuse is prohibited. Abused trees shall not be counted toward fulfilling the minimum tree requirements. (15) Pruning - Trees shall be pruned in the following manner: Hat--raeki -ng-sr topping ,....h: h: t: an �eeptiens (a) All cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub. (b) Removal of dead wood, crossing branches, weak or insignificant branches, and suckers shall be accomplished simultaneously with any reduction in crown. Exhibit A 20 (c) Cutting of lateral branches that results in the removal of more than one -third of all branches on one side of a tree shall only be allowed if required for hazard reduction or clearance pruning. (d) Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass in the lower two - thirds (2/3) of the tree. (e) No more than one -third (1/3) of a tree's living canopy shall be removed within a one (1) year period. (f) Trees shall be pruned according to current ANSI A300 Standards and the Landscape Manual. topping permitted, providing that t-ee ._,.duet;nu of one third (1 ,13) of living canopy- -l—be ge�mit -ted- for - the- fo13sw3 ng -s- to -eond -ice iens -: (a) if a tree n.t!p -F..rpg ..; th utility lines utyl-i-ty 3t�5UCtureS, (b) if a tree h n die Lack o f -er, (e)if a tree has storm damage-, (16) Stormwater Retention /Detention Areas (a) Stormwater retention /detention areas shall be designed to maximize the perimeter dimension, where feasible. (b) Stormwater retention /detention areas shall be planted throughout with native herbaceous facultative plants, with the following exceptions. i. In areas that are designated and actively used for play 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 well as tolerant to wet soils. ii. In areas where the minimum required stormwater retention capacity would be adversely affected. (c) The minimum required number of native herbaceous facultative plants shall be one plant per square foot of retention /detention area, including the slope. Minimum required herbaceous plant container size shall be one and one -half (1 ',4 ) inches, commonly referred to as a liner. Sprigging, seeding, plugging, hydro - mulching or sodding with native herbaceous facultative plants grown from local seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after planting. (d) Native facultative trees or shrubs may be used in lieu of native herbaceous facultative plants, provided that the minimum required stormwater retention capacity is not adversely affected. Exhibit A 21 (E) Landscape Requirements - City Standards for Parking Lot Areas All vehicular use areas, except those which are located within or beneath structures and those serving single - family or two - family residential uses, shall conform to the minimum landscaping requirements of this sub - section. To ensure that required landscaping in vehicular use areas is used to its greatest potential in relieving the monotony of and insuring circulation safety within such areas, the following standards are set forth: (1) Interior Improvements (a) When the interior of any vehicular use area is designed for purposes other than off - street parking, such as a service station, drive -in banking or drive - through retailing, an area or combination of areas equal to not less than ten (10) per cent of the total vehicular use area, exclusive of perimeter landscape buffers, shall be devoted to interior landscaping. (b) When the interior of any vehicular use area is designed for off - street parking purposes, the following landscaping elements shall be required in lieu of percentage requirements: i. Curbed terminal islands shall be located at both ends of rows of contiguous spaces. Such islands shall be not less than five (5) feet in width and extend the entire length of the spaces. Each terminal island shall have at least one (1) tree for every ninety (90) square feet of area, or portion thereof, and be covered with grass or ground cover as needed to meet requirements under § 20- 4.5(D)(1). ii. Curbed interior islands, which measure not less than five (5) feet in width and extend the entire length of the parking space, shall be located within rows of contiguous spaces. There shall be at least one (1) interior island for every eight (8) spaces within each row. Interior islands shall be placed at intervals of not less than six (6) nor more than ten (10) spaces, but shall not be required in rows containing six (6) contiguous spaces or less. Each interior island shall have at least one (1) tree for every ninety (90) square feet of area, or portion thereof, and be landscaped with grass or ground cover as needed to meet requirements under § 20- 4.5(D)(1). iii. Interior islands need not be placed directly opposite each other when in abutting parking rows. Any design arrangement which relieves monotony or increases tree coverage of the vehicular use area is permissible. (2) Triangles of Visibility (a) All landscaping within required Triangles of Visibility, 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, with limbs and foliage Exhibit A 22 trimmed in such a manner as not to extend into Triangles of Visibility, shall be permitted in said areas, provided that they in no way create a traffic hazard. (c) No landscaping elements, except for grass or ground cover, shall be located within three (3) feet of any accessway. (3) Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas (a) Landscaped areas shall be 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 shall be installed to prevent such overhang. (b) Concrete wheel stops shall be permanently anchored to the ground and located not less than thirty (30) inches from landscaped areas. (c) If the overhang area is left unpaved, it shall be landscaped according to this section and the abutting required perimeter buffer or divider median may be four (4) feet in width. (F) Landscape Plans Review Criteria Landscape plans shall be reviewed by the Planning Division in accordance with the following goals and objectives, and the guidelines and illustrations provided in the Landscape Manual (published by Metropolitan Dade County, Florida]. (1) Landscape design shall enhance architectural features, relate structure design to 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 shall be preserved to the maximum extent possible and all requirements of § 20- 4.5(H) through (L). (3) In order to conserve water, reduce maintenance, and promote plant health, plant species shall be selected and installed based on their water needs, growth rate and size, and resource inputs. Plants with similar water needs shall be grouped in hydrozones. Adequate growth area, based on natural mature shape and size shall be provided for all plant materials —t-he - -pl-an shat demonstrate ph-.s"i or the use of ,1r,..., ht ole ..t— spea�-..—P3 -anti similar requirements shall grouped t ether f.. .- .puce —thc amoun�f of water necessary for irrigatio . (4) The plan shall include the use of native plant species in order to re- establish an aesthetic regional quality and take advantage of the unique diversity and adaptability of native species to the environmental conditions of South Florida. Where feasible, the re- establishment of native habitats shall be incorporated into the landscape plan. Exhibit A 23 (5) Trees and shrubs shall be planted in the energy conservation zone where feasible, in order used to reduce energy consumption by shading buildings and shall be used to reduce heat island effects by shading paved surfaces. (6) Street trees shall be used to shade roadways and provide visual order. Where feasible, selected species shall be sued to establish a road hierarchy by defining different road types. (7) P-1-ant-species apprcpriate to _ site's particular cendrtinnc shall- be used. Special attention shall be given to the use of appropriate species located under or adjacent to overhead ower lines, near native plant communities, and near septic tanks and ^ r underground utility lines. Adequate growth area shall be provided for all plant materialsTr- ^^° shah" not encroach at a distance greater t aTk-te�1-0� feet from any-ovexhead utility line at maturity- (8) Landscaping shall be designed in such a way as to provide safe and unobstructed views at intersections of roadways, driveways, recreational paths, and sidewalks in accordance with § 20- 3.6(G). (9) Historic landscapes and landscape features designated by the local, State, or the Federal government shall be preserved. (G) Certificate of Compliance Required - Adjustment to Requirements Permitted (1) A Preparer's Certificateion of Landscape Compliance in the form of a lett-er bearing the original letterhead of the designing firm and licensing number shall be submitted to and approved by the Planning Division, prior to issuance of any final Certificate of Occupancy, Certificate of Use and Occupancy or Certificate of Completion. The Preparer's Certificateion 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 have been met. Any changes or substitutions to the approved plan shall be approved by the original designing firm prior to the implementation of said changes and substitutions. All changes or substitutions to the approved plan shall be noted on all copies. Changes and substitutions of plant material shall be of similar quality, quantity and size, as originally approved and shall be in compliance with the intent and requirements of Section 20 -4.5. (2) For a new single - family, duplex residence on its own lot or applicable existing development, the owner or owner's agent may certify in writing that landscape and irrigation have been installed according to approved plan(s). (3) The Planning Division shall have the right to inspect all projects for compliance prior to issuance of a Certificate of Occupancy, a Certificate of Use and Occupancy, or a Certificate of Completion. (4) owners are responsible to ensure that landscaping required to be planted in Section 20 -4.5, and all previous versions, now amended, is: (1) installed in compliance with the landscape requirements; (2) maintained as to present a healthy, vigorous, and neat appearance free from refuse and debris; and (3) Exhihit A 24 sufficiently fertilized and watered to maintain the plant material in a healthy condition. (5) If any tree or plant dies which is being used to satisfy current landscape code requirements, such tree or plant shall be replaced with the same landscape material or an approved substitute within 60 days of a complaint (6) The Planning Division shall withhold approval of a final landscape inspection prior to issuance of the final Certificate of Occupancy, Certificate of Use and Occupancy, or Certificate of Completion until a Preparer's Certificateion of Landscape Compliance has been approved by the Division. (7) The Environmental Review & Preservation Board [E.R.P.B.] may adjust the requirements of Sections 20- 4.5(D) &(E) under the following procedures: (a) The E.R.P.B. on receipt of application for adjustment of landscaping requirements shall have the authority and duty to consider and act upon such application. The application shall be filed by the owner or tenant of the property concerned, or by authorized agents as evidenced by written power of attorney, on forms prescribed by the Planning Division and accompanied by the E.R.P.B. 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 E.R.P.B. may approve, modify or deny the requested adjustment, but shall approve or modify such request only if it determines that approval of any adjustment would not be contrary to the public interest and would be in keeping with and would preserve the intent of Section 20 -4.5. (d) Procedures regarding Board actions and appeals from the decisions of the E.R.P.B. shall follow the regulations set forth in Section 20 -6. (H) Tree Removal Permit - Applicability (1) It shall be unlawful for any person, unless otherwise permitted by the terms of Section 20 -4.5, to do tree removal work or to effectively destroy any tree, or to effectively destroy any understory in a Natural Forest Community, without first obtaining a permit from the City of South Miami. (2) The effective destruction of trees designated to be planted, preserved, or Exhibit A 25 relocated under Section 20- 4.5(D) &(E) shall not be permitted. (3) No municipal or County official shall issue a tree removal permit that does not comply with Section 20 -4.5. Any such permit shall be void. (4) It shall be unlawful for any person to violate or not comply with any of the conditions of a City of South Miami tree removal permit. (5) The following activities are EXEMPT from tree removal permits: Exhibit A 25 (a) removal of trees within the yard area of an existing single - family residence, provided the trees are not within a Natural Forest Community, and are not specimen trees. This exemption does not apply to trees which are growing on public rights -of -way adjoining existing single - family residences; (b) removal of trees for the construction of a new single - family residence, provided that: i. the lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or one -half acre or less in size (21, 780) square feet, for nay other zoned lot; and, ii. the lot is being developed as the principal residence of the owner- builder; and, iii. the lot is not within an area designated as a natural forest community; and, iv. the trees are not specimen trees. (c) removal of any dead tree; {b4-d) removal of trees within State - approved plant nurseries and botanical gardens, provided said trees were planted and are growing for the display, breeding, propagation, sale or intended sale to the general public in the ordinary course of business; -(0(e) removal of trees for the establishment, maintenance, and operation of a bona fide grove or bona fide tree nursery, except when the proposed tree removal is to occur in a Natural Forest Community designated under County Resolution No. 1764 -84 or under subsequent revisions of the Natural Forest Community maps, or when the proposed tree removal will affect specimen trees as defined herein. Any person desiring to remove trees pursuant to this provision shall obtain written approval from the Planning Division prior to the commencement of any such activities under this exemption; +d -)-(f) removal of any of the following tree species: i. Melaleuca quinquenervia (cajeput or paperbark tree); ii. Casuarina spp. (Australian pine, beefwood); iii. Schinus terebinthifolius (Brazilian pepper), provided it is not within a Natural Forest Community, in which case a permit must be obtained, prior to removal, from the Metro -Dade County Department of Environmental Resources Management; iv. Bischofia javanica (bishopwood); V. Ricinus communis (castorbean); vi. Psidium guajava (guava); Exhibit A 26 vii. Albezzia lebbek (woman's tongue); viii. Acacia auriculaeformis (earleaf acacia); ix. Schefflera actinophylla (Queensland Umbrella Tree); X. Araucaria heterophylla (Norfolk Island Pine); and, xi. Metopium toxiferum (poison wood), provided it is not within a Natural Forest Community, in which case a permit must be obtained, prior to removal, from the Metro -Dade County Department of Environmental Resources Management. (g) removal of any tree which has been destroyed or effectively destroyed by an Act of God, or by acts outside of the control of any person, individually or otherwise, who had or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by any such person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. Where a tree has been destroyed or effectively destroyed by acts outside of the control of a person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by such person, this provision shall be construed to impose joint and several liability upon the person(s) destroying or effectively destroying such tree, and to exempt from liability for such destruction or effective destruction the person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located; +1-)-(h) removing, trimming, cutting, or altering of any mangrove tree or removal of any tree located upon land which is wetlands as defined in Section 24 -3, Code of Metropolitan Dade County, Florida; {tn}(i) removal of tree within a bona fide fruit grove for the express purpose of converting said bona fide fruit grove to another bona fide agricultural purpose; +r,}( ) Any mortgagee with respect to property upon which any violation of these provisions has occurred shall not be liable for such violation unless, prior to said violation, said mortgagee has foreclosed upon said property or participated in the management or control of said property, or unless said mortgagee has effected or caused violations of Section 20 -4.5 occurring on said property. {e}(k) Any action which occurred prior to February 21, 1989, shall not constitute a violation of Section 20 -4.5 (H) through (L). Exhibit A 27 (I) Tree Removal Permits- Submittals (1) Tree removal permits are required for the removal or relocation of any tree not specifically exempted under § 20- 4.5(H)(5). The Planning Division shall provide permit application forms which shall be used by applicants. (2) An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If the applicant is a lessee or agent of the owner, a statement from the owner indicating that the owner has no objection to the proposed tree removal shall be submitted with the application. (3) The permit applicant shall submit to the Planning Division: (a) A completed tree removal permit application form; and, (b) Two (2) sets of site plans which shall include the locations of all existing tree resources and all proposed structures or utilities which may require removal or relocation of trees; OR, (c) Two copies of a tree survey as defined in § 20- 4.5(A); OR, (d) Two copies of a tree survey prepared by a landscape architect, architect or an engineer registered in the State of Florida, if the submitted site plan (above) does not provide sufficient information to determine which trees will be affected by proposed development. (4) The Planning Division may deny an application, or approve an application and issue a permit (subject to conditions, limitations or restrictions), for the activity proposed under the permit application, provided that: (a) A completed application is submitted and the permit fee is paid; (b) All required plans or covenants are submitted and are in compliance with the standards in Section 20 -4.5; (c) All plans clearly specify conditions, limitations and restrictions required , and that the permit applicant acknowledges, understands and fully agrees to comply with all said conditions, limitations or restrictions by signing the permit prior to its issuance; and, (d) A performance bond, if required by the Planning Director, is posted: i. The Planning Director may require the posting of a performance bond to guarantee compliance with all conditions, limitations, and restrictions of the tree removal permit, including, but not limited to, planting of all required replacement trees. ii. The bond shall be equivalent to one hundred fifteen percent (115°x) of the estimated cost of the permitted activity and may be in the form of a letter of credit, surety, cash, or certificate of deposit. iii. All performance bonds shall remain in force for a minimum of either one (1) year after the actual completion date of the Exhibit A 28 permitted activity (to ensure that any replanted trees which perish are replaced), or until viability of all replanted trees has been achieved, which ever occurs last. iv. At the discretion of the Planning Director, performance bonds may be partially released in phases based upon partial completion of planting or other permit requirements. (5) All tree removal permit applications which remain incomplete for a period of one hundred twenty (120) days shall be denied. A new tree removal permit application shall be required for all work previously proposed under a permit application which has been denied. Approved permits shall expire if work, as specified, is not commenced within six (6) months of issuance. +5}(6) Any permits related to a Natural Forest Community shall be approved by the Metro -Dade County Department of Environmental Resource Management [DERM]. (J) Tree Removal Permit - Replacement Standards (1) Permit review and applicable sub - sections (a) Reviews of completed tree removal applications shall be conducted by the Planning Division under a standard of reasonableness, using the best available practices from biology, botany, forestry, landscape architecture and other relevant fields, as appropriate for review; (b) On receipt of completed permit applications, the Planning Division shall determine whether the site contains any portion of a Natural Forest Community, trees subject to protection, or specimen tree(s); (c) If a site contains any portion of a Natural Forest Community, then the permit must be submitted for review by the Metro -Dade County Department of Environmental Resource Management [DERM7; (d) If there are trees present on a site [other than any portion of a Natural Forest Community or specimen tree(s)], then the replacement provisions contained under § 20- 4.5(J)(2) shall apply; and, (e) If a site contains any specimen tree(s), then the replacement provisions contained under § 20- 4.5(J)(3) shall apply for the specimen tree(s), while— the replacement provisions contained under § 20- 4.5(J)(2) shall apply for non - specimen trees on the site. (2) Non - specimen Trees Procedures for determining tree replacement. The Planning Division shall determine the total number of replacement trees required for the issuance of a tree removal permit according to the following procedural steps: Step 1: Determining existing tree canopy coverage on -site. The area of existing tree canopy coverage of a site shall be determined by review of aerial photography, on -site inspection, or review of a tree survey. Exhibit A 29 Step 2: Determining impact area of proposed project. The area of existing canopy coverage which will be affected (impact area) by the applicant's proposed development shall be determined by the Planning Division based on review of the submitted site plan and tree removal permit application form. Step 3: Determining number of replacement trees required. The total number of trees required for replacement shall be based on the area of impact and category of replacement tree selected by the applicant. Each replacement tree shall compensate for a portion of the tree canopy lost in the impact area, and the following table shall be used as a standard for determining the required number of replacement trees: Category of Replacement Tree (See Step 6 below for explanation) Portion of Impact Area for which Each Replacement Tree Compensates Shade Tree 1 500 square feet replacement area Shade Tree 2 300 square feet replacement area Palm Tree 1 300 square feet replacement area Palm Tree 2 100 square feet replacement area Small Tree 200 square feet replacement area a) Any combination of shade trees, palm trees, or small trees is acceptable as replacement, provided the total number of trees from all replacement categories compensate for the lost canopy. b) In the event that a replacement tree actually has more canopy coverage at the time of planting than the amount of credit allowed under the tree replacement formula above, then the applicant shall receive full credit for the actual canopy coverage provided by the replacement tree at the time of planting. c) The applicant shall submit a list of proposed replacement trees. d) When replacement canopy area exceeds ten thousand (10,000) square feet, replacement shall be described in a landscape replacement plan which shall meet the minimum requirements of § 20- 4.5(J)(4), and no tree removal permit shall be issued until said plan has been approved by the Planning Division. e) When the total number of replacement trees exceeds twenty (20), then the applicant shall required to submit a landscape replacement plan consistent with the provisions of 9 20- 4.5(J)(4), and no tree removal permit shall be issued until said plan has been approved by the Planning Division. Step 4: Location of replacement trees. Specific placement of replacement trees on -site shall be determined by the applicant. If the site cannot accommodate the required replacement trees because of insufficient planting area as determined by the Planning Division, then the applicant shall be required to plant replacement trees at an off -site location subject to Planning Division approval, or, as a last alternative, shall provide a contribution to Account No. 219.355, Tree Trust Fund, to compensate for those replacement trees which cannot be accommodated on site. Exhibit A 30 Step 5: Minimum species diversity standards. When more than ten (10) trees are required to be planted, in accordance with provisions of § 20- 4.5(J), a diversity of species shall be required. The number of species to be planted shall be based on the overall number of trees required. The applicant shall be required to meet the following minimum diversity standards: Required Number of Trees Minimum Number of Species 11 -20 2 21 -50 4 51 or more 6 a) When native trees are removed, then all replacement trees shall be native species; otherwise, a minimum of fifty (50) percent of all replacement trees planted shall be native to Dade County. b) Permittees shall not be required to plant in excess of six (6) species. The number of trees of each species planted shall be proportional to the number of species required. c) As an alternative to the minimum species diversity required herein, an applicant may propose an alternative species diversity in an alternative landscape enhancement plan described in § 20- 4.5(J)(5). Step 6: Minimum standards for replacement trees. The Planning Division maintains a list of species for each category of replacement tree; and, this list may be amended from time to time. All replacement trees shall have a minimum quality as required for a Florida No. 1 grade or better. Replacement tree heights shall be determined by the overall height measured from where the tree meets the ground to the top -most branch, frond or leaf. (a) All category 1 replacement shade trees shall be a minimum of twelve (12) feet in height at the time of planting and at maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions. (b) All category 2 replacement shade trees shall be a minimum of eight (8) feet in height at the time of planting and at maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions. (c) All category 1 replacement palm trees shall be a minimum of ten (10) feet in height at the time of planting and at maturity should have a canopy coverage of three hundred (300) square feet under normal growing conditions. (d) All category 2 replacement palm trees shall be a minimum of three (3) feet in height at the time of planting and at maturity should have a canopy coverage of one hundred (100) square feet under normal growing conditions. (e) All small trees shall be a minimum of six (6) feet in height at the time of planting and at maturity should have a canopy coverage of two hundred (200) square feet under normal growing conditions. Exhibit A 31 (3) Specimen Trees The standards to be applied in reviewing tree removal permit applications involving specimen trees are as follows: (a) Specimen Tree Preservation. Specimen trees shall be preserved whenever reasonably possible, and, upon receipt of an application to remove (a) specimen tree(s), the Planning Division shall consider the following factors in evaluating said application: i. Size and configuration of the property; ii. Size and configuration of any proposed development; iii. Location of the tree relative to any proposed development; iv. Whether or not the tree can be preserved under the proposed plan or any alternative plan; V. Health, condition and aesthetic qualities of the tree; and, vi. Whether the tree poses a threat to persons or property. (b) Alternate plans. If, after review of above, the Planning Division determines that (a) specimen tree(s) cannot reasonably be preserved under a proposed plan, then the applicant shall provide an alternate plan, which shall include preservation of the specimen tree(s) and design alternations consistent with the scope and intent of the initially - proposed plan. These alterations may include, but shall not be limited to: i. An adjustment of building orientation on a site; and, ii. An adjustment of lot lines within a site proposal for more than one lot when the adjustment will not cause unreasonable loss of usable space. An applicant shall have the burden of proof in the determination of what constitutes an unreasonable loss of usable space. C) Specimen tree relocation. If preservation of the specimen tree(s) and any alternate design consistent with the scope and intent of the initial plan are mutually exclusive, then the Planning Division may issue a permit to relocate the specimen tree(s). If a tree removal permit requires relocation, then the applicant shall be required to relocate the tree in accordance with the standards in § 20 -4.5 (K). d) Removal of specimen trees. If relocation of the specimen tree(s) is not feasible due to the size, health, location, species or any other factor, then a permit may be issued for the removal of the specimen tree(s), and tree replacement shall be required. e) Replacement requirements for specimen trees. As a condition of the issuance of a tree removal permit for the removal of specimen trees, Exhibit A 32 tree replacement requirements shall be twice those specified for the replacement of non - specimen trees under § 20- 4.5(J)(2). f) Fee. In the event that replacement is not feasible on site, then alternative off -site replacement shall be required, or, as a last alternative, there shall be a contribution to Account No. 219.355, Tree Trust Fund, for the full value of replacement trees. g) Exemptions from specimen tree replacement requirements. Applicants may be exempt form the replacement requirements above, but subject to the tree replacement requirements contained in § 20- 4.5(J)(2), under the following circumstances: i. Upon submittal of a statement from a landscape architect registered in the State of Florida which indicates that a specimen tree, due to disease, condition, growth habit or any other reasonable botanical factor, does not provide the aesthetic or environmental contribution associated with a specimen tree. Said statement shall include the specific reasons(s) for the claimed exemption from these provisions; ii. When preservation of the specimen tree would cause a foreseeable risk to property; or, iii. When a site contains more than one (1) specimen tree, and fifty (50) percent or more of the existing specimen trees and at least fifty (50) percent of the existing specimen tree canopy area is preserved. (4) Landscape Replacement Plan Landscape replacement plans may be required under the provisions contained in § 20- 4.5(J)(1), All landscape replacement plans shall be submitted by the applicant and must meet the following minimum standards: (a) The number of trees, number of species of trees, and size of trees proposed for planting shall be consistent with § 20- 4.5(J)(2) &(3); (b) The site plan shall include proposed replacement locations for all tree replacements and relocations, and all property lines, proposed and existing structures, driveways and utility easements; and, (c) The canopy spread of any tree that is proposed for preservation shall be shown on the plan. Where a portion of the canopy of a tree or trees shall be removed without removal of the tree(s), a notation shall be made on the plan indicating the situation and canopy area. (5) Alternative Landscape Enhancement Plan Instead of replacing all affected trees pursuant to provisions contained in § 20- 4.5(J)(2) &(3), an applicant may propose to relocate existing trees or propose a unique project design which provides reasonable assurance that the project complies with the intent to maintain tree canopy. Exhibit A 33 Replacement credit may be granted for planting shrubs or ground covers, based upon the following table, provided, however, that a minimum of fifty (50) percent of the required canopy replacement is achieved by using shade trees and palm trees as required under § 20- 4.5(J)(2) &(3). Category of Tree Alternative Shrub or Ground Cover Portion of Impact Area for which Each Shrub /Ground Cover Compensates Shrub 1 (including small palms) 60 square feet replacement area Shrub 2 /Ground Cover 30 square feet replacement area (a) All category 1 shrubs shall be a minimum of two (2) feet in height at the time of planting and at maturity should have a canopy coverage of sixty (60) square feet under normal growing conditions. (b) All category 2 shrubs and ground covers shall have a root system sufficient to sustain growth at the time of planting and at maturity should have a canopy coverage of ten (10) to twenty (20) square feet under normal growing conditions. (c) The applicant shall have the burden of demonstrating that a design meets the intent of § 20- 4.5(J)(2) &(3). At a minimum, an alternative landscaping enhancement plan shall include, without limitation: i. A sealed statement, prepared by a landscape architect, registered in the State of Florida, which indicates that the intent of § 20- 4.5(J)(2) &(3) can be effectively met through the submission of the alternative design; and, ii. A site plan, prepared by said landscape architect, registered in the State of Florida, that includes the proposed location, scientific name or description of vegetation to be preserved or planted, property lines, proposed and existing structures, driveways and utility easements; and, iii. A tabulation that identifies any deviations from the requirements of § 20- 4.5(J)(2) &(3) and explicitly provides tree replacement alternatives. (d) The Planning Division may approve an alternative landscape enhancement plan when: i. The design preserves and incorporates existing vegetation; and, ii. The design exceeds the minimum requirements or equivalent of § 20- 4.5(J)(2) &(3). (K) Tree Removal Permit - Relocation Standards The relocation of any tree that is subject to the provisions of Section 20 -4.5 shall be consistent with the following minimum standards: Exhibit A 34 (1) Trees other than palms (a) Tree roots shall be severed in such a manner as to provide a root ball which is sufficient to ensure survival of the tree when relocated. A sufficiently -sized planting hole shall be provided at the relocation site to ensure successful re- growth; (b) After root severing, adequate time shall be allowed prior to replanting to ensure survival of the tree(s). After root severing and prior to relocation, tree(s) shall be watered a minimum of twice weekly; and, after relocation, said tree(s) shall be watered a minimum of twice weekly until the tree(s) are established; (c) During removal and transportation of the tree, the root ball and vegetative portions of the tree shall be protected from damage from wind or injury; and, (d) Any tree that dies or becomes nonviable within one(1) year of relocation shall be replaced according to the standards set forth in § 20- 4.5(J)(2) &(3). (2) Palms: (a) A ball of earth at least one (1) foot from the base of the trees shall be moved with the tree; (b) Fronds shall be securely tied around the bud prior to relocation and shall remain securely tied around the bud during the entire relocation process and for a minimum of one (1) week after relocation; and, (c) Any palm that dies or becomes nonviable within one (1) year of relocation shall be replaced according to the standards set forth in § 20- 4.5(J)(2) &(3). (3) Preservation credit for relocated trees. Permittees who successfully relocate trees shall receive full credit for the relocated trees and the tree replacement requirements herein shall not apply to such relocated trees. All relocated trees shall meet the standards set forth above. (L)Tree Protection - Required Barriers During site development, protection requirements for trees designated for preservation under an approved tree removal permit shall include, but not be limited to, the following: (1) Protective barriers shall be placed around each tree, cluster of trees, or the edge of the preservation area no less than six (6) feet (in radius) from the trunk of any protected tree cluster or preservation area unless a lesser distance is specified by the Planning Division. (2) Protective barriers shall be a minimum of four (4) feet above ground level and shall be constructed of wood, plastic or metal, and shall remain in place Exhibit A 35 until development is completed. Protective barriers shall be in place prior to the start of any construction. (3) Understory plants within protective barriers shall be protected. (4) No excess oil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers, nor shall there be disposal of any waster material such as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or understory plants within the areas surrounded by protective barriers. (5) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict damage to the tree. (6) Natural grade shall be maintained within protective barriers. In the event that natural grade of the site is changed as a result of site development, such that the safety of the tree may be endangered, tree wells or retaining walls are required. (7) Underground utility lines shall be placed outside the areas surrounded by protective barriers. If said placement is not possible, disturbance shall be minimized by techniques such as tunneling or overhead utility lines. (8) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such as discontinuous footings, to avoid damage to major roots. (9) Trees that are effectively destroyed, shall be replaced according to the standards of § 20- 4.5(1)(2) &(3). (M) City of South Miami Tree Trust Fund (1) Creation of the tree trust fund. There is hereby created a tree trust fund, under Account No. 01 -02- 19.335, the purpose of which is to acquire, protect, and to plant trees on public property. (2) Disbursement and maintenance of the tree trust fund. Monies obtained for the tree trust fund shall be disbursed for the acquisition, maintenance, management, protection, or planting of trees on public property. (3) Source of monies for the tree trust fund. Said tree trust fund shall consist of contributions in lieu of, or in conjunction with, required replacement plantings under Section 20 -4.5. The Planning Division shall collect funds designated for the tree trust fund when the replacement planting requirements of § 20- 4.5(J)(2) &(3) cannot be met. (4) Decisions to grant or deny tree removal permits shall be made without consideration of the existence of this fund or offers of donations of monies thereto. Exhibit A 36 (N) Violations of Section 20 -4.5 (1) The Planning Division shall charge and collect permit fees and trust fund contributions. Applications from government agencies for tree removals in areas dedicated to public use may be exempted from permit fees. (2) The Planning Division and Building Division shall have the right to inspect any lands affected by Section 20 -4.5 and to issue cease and desist orders and citations for violations. (3) Failure to install or maintain landscaping according to the terms of Section 20 -4.5 shall constitute a violation of this Code. (4) Failure to plant, preserve, or maintain each individual tree shall be considered a separate violation of this Code. (5) Each day in which either landscaping or individual trees are not installed or maintained, according to the terms of Section 20 -4.5, shall constitute a continuing and separate violation of this Code. (6) Any person, firm or entity violating any provision under Section 20 -4.5 shall be subject to a fine of up to two hundred fifty dollars ($250.00) per day per tree, pursuant to provisions of this Code and State. Exhibit A 37