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Ord No 04-92-1499ORDINANCE NO.4-92-1499 AN ORDINANCE OPTHEMAYORANDCITY COMMISSION OPTHE CITYOPSOUTH MIAMI,FLORIDA;AMENDINGTHETREE COMMITTEE ORDINANCE BY PROVIDING FURTHER DEFINITIONS; INCREASINGMINIMUM HEIGHT OP REPLACEMENT TREESTO8 FEET;PROVIDING FORLIABILITYFOR REPLACEMENT AND/OR REPAIRCOSTSOFUPTO $1,000.00 PERTREE;PROVIDING FOR SEVERABILITY;PROVIDINGFOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,by Ordinance No.6-91-1471 passed on March 5,1991 the City ofSouth Miami enacted aTree Ordinance;and WHEREAS,thereaftertheTree Committee established thereunder has recommended certain modifications to the Ordinance as set forth inthe following proposed amended Ordinance;and WHEREAS,the Mayor and City Commission wish to adopt the suggested modifications totheTreeCommitteeOrdinance; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Definitions. StreetTrees:"Street trees"are herein defined astrees, on land lying between property lines on either side of all streets,avenues,or ways within the City. Park Trees:"Park Trees"are herein defined as trees, in public parks,and all areas owned by the City,and/or to whichthepublichasfreeaccess. Residential and Commercial Trees:"Residential and commercial trees"are herein defined as trees,on private residential and commercial property within the City. Specimen Tree:"Specimen Tree"shall mean a tree with any individual trunk which has a DBH (diameter breast height)of eight inches or greater,exclusive of all trees listed as ."f>o)p©ws"onthe approved tree list of the City.DBH shall mean the diameter ofa tree's trunk measured ata point fourandone- half feet above the ground surface. Canopy and Replacement Cannpy*"Canopy"shall mean the average diameter of a tree's limb spread."Replacement canopy" shall mean the anticipated canopy of a replacement tree or trees when fully grown.It may be cumulative i.e.two trees that are expected to grow to a mature width of 25 feet may be used to replacea single 50foottree. Section 2.Creation and Establishment.The Tree Committee for the City of South Miami,Florida,shall consist of five members,residents of this City,who shall be appointed by the Mayor withtheapprovalofthe Commission. Section 3.Term of Office.The term of the five persons to be appointed by the Mayor with the consent of the Commission shall be for two years,except the term of three members of the first committee shall be for only one year.In the event that a vacancy shall occur during the term of any member,his/her successor shall be appointed for the unexpired portion of the term. Section—4_s_Compensation.MembersoftheCommitteeshall serve without compensation. Secfc*.9"5.Dutiesand Responsibilities.Itshallbethe responsibility of the Committee to study,investigate,counsel, and develop and/or update annually,and prepare a written plan for the care,preservation,pruning,planting,replanting, removal or disposition of trees and shrubs in parks,along street and in other public areas.Such plan will be presented annually to the City Commission and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City.TheTreeCommitteeshallmake recommendations with respectto preservation andcareof trees on residential and commercial property,and shall at the request of the City Commissionand Administration reviewallmatterswhichrelateto the interpretation of applicable regulations and code violations, and Rtibmlt recommendations.The Committee shall annually review Z the established Official Tree List for recommended additions and deletions,and shall submit its findings tothe Commission.The Committee shall act only in an advisory capacity and the City Commission isnot bound by their recommendations. Section 6.Operation.The Committee shall choose its own Chair and Vice-Chair and regulations andkeep minutes of its findings,A majority of the members shall be a quorum for the transaction of business. Section 7.Minimum Standards.TheCityofSouth Miami shall adopt as minimum standards,except as herein stated,and shall enforce the Code of Metropolitan Dade County,Florida, Ordinance No.89-8,Section 8CC-10 (relating to Code Enforcement),and the Metropolitan Dade County Environmental Protection ordinances,excluding Section 24-60.8.Application for permits,requests for variances and extensions of time,and payments of penalties and fines as ordained by the County ordinances shall be to the City of South Miami.The Commission of the City of South Miami may enact such additional regulations and requirements for the preservations of the trees and environment as they may deem necessary. Section 8.Official Tree List,The attached list constitutes the Official Tree List for South Miami,Florida. Species included on the "noxious tree list"shall not be planted under any circumstances in South Miami.Approved tree species in the list shall beused for planting as follows: Public Lands;All future Street and Park tree species planted in the City of South Miami are to be selected from the Official tree List. Residential:The City shall permit the planting of trees on residential property without a permit or further review,so long as no tree included in the Noxious Tree List is utilized. (v^nprrui and Residential:All landscape plans as required by applicable building codes,and all tree removal and replace- ment plans submitted to the City specifying trees not on the Official List,shall be reviewed bytheTree Committee and recom mendations,if any,shall be made tothe Commission and/or City administration for consideration. Section 9.Tree Removal.Removal of any specimen tree (of eight inches diameter,DBH)or greater,including trees on the "noxious list",shall be permitted only if potential replacement canopy is planted onthe same property,or other property within the City of South Miami.Replacement trees must bea minimum of eight feet in height with a trunk caliper of two inches. Section 10,Tree Removal Permit.A Tree Removal Permit shallbe required forthe removal or relocation of any specimen tree.The City of South Miami shall charge afeeper residential lot,valid for90 days during which an unlimited number of trees maybemovedor removed,solongasother provisions ofthis ordinancearemet.TheCity Administration shallhave approval authority.Removalofnon-specimentreesand"noxioustrees" fromthe yard area ofan existing residence shall be exempt from treeremovalpermits,solongas replacement of removed canopy is observed. Section 11.Spacing.ThespacingofStreetTrees will be in accordance withthethreespecies size-classes listedinthe Official Tree List attached to this ordinance no trees may be closer together than the following:Small Trees,15 feet;Medium Trees,25 feet;andLarge Trees.40 feet;exceptinspecial plantings approved bytheCity upon review and recommendations of the Tree Committee. Section 12.Distance from Curb and Sidewalk.The distance StreetTreesmaybeplantedfromcurbsandcurb-linesandside walks will bein accordance with the three species size classes listed in this Ordinance,and no tree may be planted closed to anycurbor sidewalk than thefollowing:SmallTrees,two feet; Medium Trees,three feet;and Large Trees,five feet. Section 13.Distance from Street Corners and Fireplugs.No Street Tree shall be planted closer than 20 feet of any street corner,measured from the point of nearest intersecting curbs or curb-lines.No street tree shall be planted closer than 20 feet of any fireplug. Section 14.Public Tree Care.TheCity shall have the right to plant,prune,maintain and remove trees,plants and shrubs within the lines of all streets,alley,avenues,lanes, squares and public grounds,as may be necessary to insure public safety or to preserve or enhance the aesthetic environment and beauty of such public grounds.The City Tree Committee shall review the need for removal of any tree or part thereof on public or commercial property,and make recommendations to the City, with respect to trees in an unsafe condition or which by reason of its nature is injurious to sewers,electric power lines,water lines or other public improvements,or is affectedwith injurious fungus,insect or other pests.Private individuals shallnot plant or landscape Public lands,nor remove,move or prune roots or tree limbs in excess of2"(two inches)in diameter without a permit from the City of South Miami. Section 15.Distance fromUtility Easement.Nostreettree otherthanthatlistedassmallormediuminthe Official Listof this Ordinance may be planted under or within 20 lateral feet, except for palm trees,which may be planted within 15 feet,of any overhead utility easement oroveror within five lateral feet of any underground water line,sewer line,transmission line or other utility. Section 16.HatrackingProhibited.It shallbeunlawful for any person,firm,or City Department to top or "hatrack"any street,park,commercial,and residential tree.Topping or "hatracking"is defined as the severe cutting back of limbs to stubs larger than three inches in diameter withinthe tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.Trees severely damaged by storms or other 5 f causes,or certain trees under utility wires or other obstructions whereother pruning practices are impractical maybe exempted from this Section at the determination of the City,and wheretimepermits,upon review and recommendation oftheTree Committee.Where necessary to severely prune a tree,topping and pruninq should be done in stages. Section 17.Dead,Diseased or Noxious Tree Removal on Private Property.The City shall have the right to cause the removal of any dead,diseased or noxious tress on private property within the City,when such trees constitute an imminent hazard to life and/or property,or harbor insects or disease which constitute a potential threat to other trees within the City.Upon the recommendation of the City Tree Committee,the City will notify in writing the owners of such trees.Removal shall be done by said owners at their own expense within three months after the date of service of notice.In the event of failure of owners to comply with such notice,the City shall have the authority to remove such trees and charge the cost of removal to the owner. Section 18.Removal of Stumps.All stumps of street and commercial trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.In the interest of environmental conservation,park and residential property are permitted to leave tree trunks standing for the benefit of nesting birds. Section 19.Arboristfs License and Bond.It shall be unlawful for any person or firm to engage in the business or occupation of pruning,treating,or removing trees within the City limits without first applying for and procuring a license. The license fee shall be$25.00 annually in advance;provided, however,that no license shall be required of any public service company or City employee doing such work in the pursuit of their public service endeavors.Before any license shall beissued, each applicant shall firstfile evidence of possession of 6 liabilityinsuranceintheminimum amounts of$50,000forbodily injuryand $100,000.00 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described.Tree services and arborists shall beissued,prior tooratthe time of license issuance,a copy of The National Arborist Association pamphlets titled "Fine Pruning","Standard Pruning","Hazard Pruning",and "Crown Reduction Pruning",(Copyright 1989)and approved for distribution by N.A.A.by the City of South Miami.Failure to comply with approved pruning and trimming standards and with all other provisions of this Ordinance,will result ina fine of up to $250.00 per day,per tree and/or loss of license. Section 20.Hazardous Practices.It shall be unlawful to root prune or otherwise destroy the root system ofa tree by any means,including construction site preparation,so as to cause the decline or death of the tree or to cause it to become unstable and a hazard in high winds.The exception to this rule would beto root prune for safe removal to another site with appropriate reduction of canopy to lessen the stress of the move orto protect utilities,structures,or slabs. Section 21.Time Limits and Care of Replacement Trees. Except at new construction sites,all required replacement trees as specified in this ordinance shall be planted within 90 days. Trees shall remain under the care of the entity or person respon sible forthe planting fora period ofoneyear.Any tree that dies or becomes nonviable within one year shall be replaced according to the standards set forth in this Ordinance. Trees removed for new construction shall be replaced as specified in this ordinance,except the time limit shall be extended until the completion of construction,but shall be completed prior to the issuance ofa certificate of occupancy.Preservation of Specimen Trees and Native Trees shall be given top priority. 7 Section 22.Fine.AnypersonviolatingSections 9,14,15, 16,18,19 and 20 of this Ordinance shall be subject to a fine of up to S250.00 per day per tree at the discretionof the Code Enforcement Board. Section 23.If any section,clause,sentence,or phrase of this Ordinance is held tobe invalid or unconstitutional by any court ofcompetent jurisdiction,thensaidholdingshall in no way affect the validity of the remaining portions of this Ordinance. Section 24.All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 25.This Ordinance shalltake effect immediately at the time of its passage. PASSEDANDADOPTEDthis 21 thdayof _January ,1992. APPROVED: MAYOR READ AND APPROVED AS TO FORM CITY ATTORNEY s> CITY OF SOUTH MIAMI TREE LIST Parks,streets and Commercial Medium and a-n Non,Nat^a /c,nf. Botanical Namo £)Trees-(less than 30' Common Namp overall) Caesalpinia mexicana Caesalpinia pulcherima Cassia-surattensis Cassia beareana Clerodendrum minahassae Clusia guttifera Cordia boissieri Eriobotrya japonia Jatropha hastata Lagerstroemia indica # Moringa oleifera Murraya paniculata Psidium littorale Sabinea carinalis Senna polyphylla Sesbania grandiflora Tabebuia caraiba # Carambola Lipstick Tree Lady of the night Jamaca Jasmine Dwarf Poinciana Dwarf Poinciana Scrambled Egg Tree Bear's Cassia Tube Tree Small leaf Clusia Varies White Texas Olive Loquat Red Jatropha Crape Myrtle Horseradish Tree Tropical Dogwood Orange Jasmine Jerusalem Thorn Frangipani Tree Catteya Guava Carib Wood Twin Senna Hummingbird Tree Yellow Tabebuia Large Non-Nativo (Exotic)ivo**/^xot1c>TrPPs,(more tnan 30,overall) **Bombax ceiba # **Bombax pentandra # Bulnesia arbora * Cassia fistula (Yellow)* Cassia javonica (Pink) **Ceiba pentandra or sp.# **Chonsia speciosa # **Delonix regia *# Jacaranda acutifolia *# Lagerstroemia speciosa # Lonchocarpus violaceous Lysiloma sabicu Manilkara zapota Pachira aquatica Peltophorum dubium * Pimenta dioica * Podocarpus gracilior * Pongamia pinnata *# Tabebuia heterophylla * Tabebuia sp. Red Silk Cotton Great Bombax Tree Yellow Vera Golden Shower Pink Poinsiana Pink/Yellow Shower Kapok Tree Pink Chorisia Star Apple Yellow Buttercup Various species Royal Poinciana Jacaranda Tree Crape Myrtle Lancepod Weeping Sabicu SapodUla Guiana Chestnut Yellow Poinciana Allspice Weeping Podocarpus Pongam Shaving Brush Tree African Tulip Tree Pink Tabebuia Various Species Max.Si2e 30 'x 20' 15 'x 10' 10 1 x 5' 15 'x 10' 15 'x 10' 15 'x 10' 20 'x 15' 20''x 15» 10''x 5' 25'1 x 20' Varies 25'x 20' 20'x 15' 15'x 10' 20'x 10' 20*x 15' 10'x 5' 15'x 15' 20'x 15' 25»x 20' 15'x 10' 15'x 10' 15'x10' 25*x 20' 20'x 15' 100 »+ 100 '+ 50'x 30' 60'x 30' 50'x 50' 50'x 50' 90'x 50' 60'x 40' 50'x 30' 40"x 20' 30'+ 50'x 50' 50'x 30' 50'x 30' 30'x 20' 40'x 20' 80'x 40' 40*x 30' 70';x 40' 40';x 15' 60';<30' 40';k 30' 40';k 30' 60';<20' 40*x 20' 30'+ Rate M M M M M F F M M M M M M F M M M M M M M M S M M F F M M M M M M M M F F M S M M M M F M M M F F M M 5. page 2 Large Native Trooc (more tnan Botanical Name Bumelia salicifolia med.* Bursera simaruba * Canella winterana med. Chrysophylum oliviforme med.* Conocarpus erectus* Cocoloba uvifera * Cocoloba diversifolia * Cordia Sebestena med.* Clusia rosea med. Exothea paniculata Ficus citrifolia Guapira longifolia med. Hex cassine med.* Licaria Triandra med. Matichodendron foetidissium Pinus eliottii "Densa"Parks Piscidia piscipula # Lysiloma latisiliqua *# Quercus virginiana * Simarouba glauca * Swietenia mahogoni * CITY OF SOUTH MIAMI TREE LIST 30'overall)Ecosystem: Common Name Willow Bustic Gunbo Limbo Wild Cinnamon Satinleaf Green Buttonwood Seagrape Pigeon Plum Orange Geiger Signature Tree Inkwood Short Leaf Fig Blolly Dahoon Holly Gulf Licaria Mastic Dade County Pine Jamaca Dogwood Wild Tamarind LiveOak Paradise Tree Mahogony Tree Ecosystem:Wetland of edge of fresh water body Ficus citrifolia Ficus aurea Fraxinus caroliniana Ilex cassine * Magnolia virginiana Paurotis wightii * Sabal palmetto * Roystonea regia * Red Maple Short Leaf Fig Strangler Fig Pop Ash Dahoon Holly Sweet Bay Paurotis Palm Bald Cypress Sabal Palm Royal Palm Medium &Small Native W (iess than 30'overall) Acacia farneseana Ateramnus lucidus Calyptranthes pallens Calyptranthes zuzygium Capparis cynoph allophora Conocarpus erectus "sericeous' Eugenia axillaris Eugenia confusa Eugenia foetida Juniperus silicicola Guaiacum sanctum Krugiodendron ferreum Myrica cerifera Myrcianthes fragrans Myrsine floridana Picrarmria pentandra Pithecellobium guadalupense Coral1a boissieri Capparis cynophalophora Sweet Acacia Crabwood Spicewood Myrtle-of-the-River Jamaca Caper * Silver Buttonwood White Stopper Red Stopper Spanish Stopper Southern Red Cedar Lignum Vitae Black Ironwood Wax Myrtle Simpson Stopper Myrsine Bitterbush Blackhead Texas Wild Olive Jamaican Caper Pineland or Hammock Max.Size 40' 50' 40' 40' 60' 40' 40' 40» 50* 40' 50' 40' 40" 40' 80' 80' 40' 60' 80' 60' 60' 20' 40' 30' 20' 40' 30 20' 30' 50' 30' 40' 30' 20' 30' 60' 40' 30' 40 80' 40' 40' 80 50 80 60 40 40 40 90 60 90 20 20 20 20 20 25 20 25 20 25 15 25 20 20 20 15 20 x 40' x 40' x 80' x 40' x 20' x 20' x 20' x 40' x 12' x 20' x 20' x 10' x 10' x 10' x 10' x 20' x 10' x 15' x 10' x 20' x 10' x 15' x 15' x 10' x 10' x 10' x 15" Rate M F S M F M M S M M F M M M F M F F S F M F F F F M M M M M M F M M M M M M S M M M M M M M M M M M Note:#T Seci???^™*™trient tolerances andSS^lrStftS^^3*2"XKoV1St6d Sn0Uld be "***<*their ecosystems ^Medium GrowtfrRate €i$t Growth Rates: "tecidoos Tree citable for partes and large areas *** ** CITY OF SOUTH MIAMI TREE LIST Parks,Streets and Commercial Page 3 Common name Bischofia UmbrellaTree Brazilian Pepper Melaleuca Australian Pine NOXIOUSTREES Botanical name Bischofia javanica Brassia aotinophylla Schinus trebinthifolius Melaleuca leucadendrum Casuarina equisetifolia