Ord. No. 03-96-1603ORDINANCE NO. 3-96-1603
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROVISIONS OF
CHAPTER 19A, "VEGETATION," ARTICLE I I, "TREES," OF THE
CITY'S ADOPTED CODE OF ORDINANCES AND SECTION 20-4.5,
"LANDSCAPING REQUIREMENTS," OF THE CITY'S ADOPTED LAND
DEVELOPMENT CODE BY REPEALING THE PROVISIONS OF CHAPTER
19A AND RE-ENACTING MODIFIED PROVISIONS UNDER § 20-4.5,
TO BE CONSISTENT WITH THE DADE COUNTY TREE REQUIREMENTS
FOUND IN CHAPTER 24, CODE OF METROPOLITAN DADE COUNTY,
FLORIDA; AMENDING SECTION 20-4.5 TO BE CONSISTENT WITH
THE LANDSCAPING REQUIREMENTS OF DADE COUNTY FOUND IN
CHAPTER 18A, CODE OF METROPOLITAN DADE COUNTY, FLORIDA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING 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, the City Commission opted for local enforcement of
Dade County tree regulations as the minimum standards for tree
preservation and protection within the City of South Miami; and,
WHEREAS, on March 5, 1991, the City Commission adopted
Ordinance No. 6-91-1471, commonly referred to as the "Tree
Ordinance" or the "Tree Committee Ordinance," which created a
Tree Committee with specific duties, including development of
regulations regarding the protection and planting of trees; and,
WHEREAS, on January 21, 1992, the City Commission adopted
Ordinance No. 4-92-1499, which enacted the modifications and
regulations recommended by the Tree Comnlittee and which has since
been referred to as the City's Tree Ordinance; and,
WHEREAS, the City's Tree Ordinance has been codified under
Chapter 19A, "Vegetation," Article II "Trees;" and,
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WHEREAS, on August 16, 1994, the City Commission adopted
Ordinance No. 10-94-1559, which repeals the provisions of Article
II, Chapter 19A, with respect to property where the primary use
is single-family residential; and,
WHEREAS, on October 25, 1989, the City Commission adopted
Ordinance No. 19-89-1441, the "Land Development Code," which
includes Section 20-4.5, "Landscape Requirements," for commercial
properties in the City of South Miami; and,
WHEREAS, on December 5, 1995, the County Commission of Dade
County, Florida, adopted Ordinance No. 95-222, which modifies the
existing County landscape requirements under Chapter 18A and
requires municipal enforcement of these County regulations; and,
WHEREAS, City Administration desires to codify a unified and
concise set of regulations, to be located in a single section of
the adopted City's codes, which will address all issues regarding
tree preservation, protection and landscaping requirements; and,
WHEREAS, in these efforts the City Administration recognizes
the complexity of concurrent County and City requirements and the
redundancy and conflict resulting from multiple regulations; and,
WHEREAS, in these efforts the City Administration desires to
revise the content of these regulations, so that City regulations
will be consistent with Dade County adopted regulations; and,
WHEREAS, in these efforts the City Administration desires to
streamline enforcement of the tree preservation and protection
requirements in the jurisdiction of the City of South Miami; and,
WHEREAS, the Mayor and the City Commission find that it is
in the public interest to provide unified, concise and consistent
regulations for tree preservation and landscape requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
2S-"e",c"t",i,-,0~n,,--~1:..,... Chapter 19A, entitled "Vegetation," including
Article II, "Trees," is hereby deleted in its entirety from the
adopted Code of Ordinances of the City of South Miami, Florida.
Section 2. Section 20-4.5 of the Land Development Code,
entitled "Landscape Requirements," is hereby amended as follows:
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20-4.5 Landscaping and Tree Protection Requirements for All Zoning Districts
Section 20-4.5 contains the following sub-sections [§1:
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
(Al 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 anv street frontaae
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 arowina 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
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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 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 (8) .
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.
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 ooen soace 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 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, 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
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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.
Diameter at Breast Height (DBH) shall mean diameter of a treets trunk measured
at a point four and one-half (4 ~) feet from where the tree emerges from the
ground at natural grade. In the case of multiple-trunked trees, the DHB shall
mean the sum of each trunk's diameter measured at point or points four and
one-half (4 ~) feet from where the tree emerges from the ground at 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 qrouo 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 treets 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".
Effective destruction shall mean the cutting. trimming, girdling or damaging
of a tree's trunk, branch or root system to the extent that the tree is no
lonaer viable, or tree oruninq not in accordance with the most recent American
National Standards Institute (ANSI) A-300 Standard Practices for Tree Care
Operations.
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.
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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.
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.
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.
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.
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 removal within a one (1) year period, of
more than one-third of a treets living canopy, or the removal of any branch
three (3) inches or greater in diameter at any point other than the branch
collar.
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.
Highway shall mean any public thoroughfare, including streets, designed for
motor vehicles.
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.
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, shrubs.
vines. hedges, trees and non-living material such as rocks, pebbles, sand,
mulch. or decorative paving materials.
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Landscape plan shall mean a plan indicating all landscape areas. existing
vegetation to be retained. proposed plant material. landscape features.
planting specifications. 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 sensor switch shall mean a device with the ability to switch off an
automatic irrigation controller after receiving a determined amount of
rainfall.
Mulch shall mean non-livino organic materials customarily used in landscape
design to retard erosion. weed infestation. and retain moisture. and for use
in pathways and play 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 natural
forest community in structure and composition or is naturally occurring. and
is smaller than the size threshold for inclusion as a natural forest
community.
Native plant species shall mean a plant soecies with a geographic distribution
indioenous 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.
Native plant community shall mean a natural association of plants dominated by
one or more prominent native plant species or characteristic physical
attributes.
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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 continuinq 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.
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.
Plant material zone (hydrazone) shall mean a grouping of plant material with
similar water requirements.
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).
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.
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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 olan shall mean a scaled, comprehensive drawing or set of drawinqs, 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.
Soecimen tree shall mean a tree with any individual trunk which has a DBH of
eighteen (18) inches or areater, 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 (lS) feet.
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.
Street tree shall mean a single trunk tree of a species typically grown in
Dade County and normally maturing to a height of at least twenty (20) feet and
having a minimum clear trunk of four (4) feet at time of planting and eight
(8) feet at maturity. Such street trees shall be placed on an average spacing
of thirty-five (35) feet on center 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
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 9
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 removal shall mean directly or indirectly cuttinq 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 survey shall mean a drawing overlaid directly upon the site plan and at
the same scale as the site plan sufficient to provide the following
information:
(1) the location. plotted by accurate techniques, in relation to all
existing and proposed development, of all existing trees of a four (4)
inch DBH or larger, which are proposed to be removed, relocated, or
preserved.
(2) Provide in tabular form on the tree survey the following information:
(a) scientific and common name of trees. each of which shall be
numbered;
(b) diameter at breast height (DHB) of each tree, or if a mUltiple
trunk tree, the sum DBH for all trunks;
(c) an estimate of the height, canopy cover, and physical condition of
each tree. and whether specimen tree(s) exist on site; and.
(d) boundaries of any native plant community that exists on site,
including Native Forest Communities as determined by Dade County
DERM.
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 (lO) feet from the trunk of the tree.
Understory shall mean the complex of woodv. fibrous, herbaceous, and qraminoid
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.
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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.
+A}-(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 shall comply with the requirements of
Section 20-4.5.
(3) Existinq develooment 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 dwellinqs, 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.
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 caintinq is considered an external
alteration under other provisions of this Code and may require the approval of
the ERPB and/or a permit.
(e) Landscape Requirements -Submittals
All submitted landscape plans. irrigation plans. tree surveys and other
required submittals must meet with the approval of Planninq Division. crior to
issuance of permits for paving. new parking areas. or expansion of existing
parking areas.
Landscape Plans
(a) Existing Developments: Landscape plans for existing developments
may be prepared by the owner or the owner's representative.
(b) New One 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.
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(c) All Other New Development: Landscape plans for new development
other than provided for under (a) and (b) 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. Landscape plans shall be submitted with the initial,
master building plans.
Such plans shall:
i. be drawn to scale with dimensions and property boundaries;
ii. include a tree survey at the same scale as landscape
plan(s) ;
iii. delineate existing and proposed structures. parking spaces,
and other vehicular use areas. access aisles. sidewalks.
driveways. signs. the location of utilities and easements.
including the height of any utility lines on the property or
adjacent properties. and similar features;
iv. designate name, location, size. and quantity of livina plant
material proposed to be installed. or preserved, in
accordance with the requirements of Section 20-4.5;
v. identify and describe the location and characteristics of
all non-living landscape materials to be used;
vi. show all landscape features, areas of vegetation required to
be preserved by law, including but not limited to trees,
specimen. trees. natural forest communities. native
habitats. wetland preservation, and geologic features in
context with the location and outline of existing and
proposed buildings, fences. and other structural
improvements upon the site;
vii. indicate means and method(s) to protect trees and native
plant communities during construction; and.
viii. include a table clearly displaying the relevant statistical
information necessary to evaluate compliance with the
provisions of Section 20-4.5, including net lot area;
building coverage; amount of open space; quantity, size, and
species of trees to be planted. preserved, and relocated;
quantity, size, and species of all other plant material to
be planted. preserved. and relocated; square footage of
paved areas; and such other information required to make a
determination that the landscape plan meets the requirements
of Section 20-4.5.
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(2) Tree Survey
A tree survey, as defined in § 20-4.S(A), shall be provided for sites
with existing trees of four (4) inches DBH or greater.
(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 DeveloDment: Irrigation plans shall be submitted with
the initial, master building plans.
Such plans shall:
i. be drawn on a base plan to same scale as landscape plans(s);
ii. delineate landscape areas, major landscape features and
plant material zone (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.
CD) Landscape Requirements -County
The following standards shall be considered the minimum requirements for all
landscape and/or irrigation plans unless otherwise indicated:
(1) Lawn area (turf)
(a) For all residential and mixed uses, lawn area shall be limited to
a maximum of forty (40) 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 thirty (30) 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
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 13
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.
(c) Grass areas shall be planted in species well adopted to localized
Growina conditions in Dade County. Grass areas may be sodded.
plugged, sprigged, or seeded, except that solid sod shall be used
in swales or other areas subject to erosion; and. providing that
in 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.
(d) Stabilized grassed area used for parking and/or areas used for
orGanized snorts. nlavarounds or areas used for organized sports.
playgrounds or picnic areas. shall not be counted toward the
maximum permitted lawn areas. Grassed areas used for organized
sports at schools and public parks shall not count toward the
maximum permitted lawn area.
(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.
(c) Irrigation systems shall be designed to allow differential
operation schedules for high and low water requirement areas.
(d) Irrigation systems shall be designed and maintained with heads
which do not overthrow to impervious surfaces.
(e) Low trajectory heads. and/or low volume water distributing or
application devices. shall be used. Aerial irrigation systems
shall be permitted for areas planted with grass. trees. and/or
shrubbery which are one-half (~) acre or larger in size.
(f) Gray (non-potable) water shall be used where approved systems are
available.
(g) Automatic irrigation systems shall be capable of being switched to
manual during rainy periods. and manual irrigation systems shall
be equipped with automatic shutoff devices.
(h) To avoid operation of systems during periods of increased
rainfall. a moisture sensor switch shall be required on all
irrigation systems equipped with automatic controls. The moisture
sensor switch shall be adjusted to the soil type and set to turn
off the irrigation system when a maximum of one-half (~) inch of
rain has fallen.
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 14
(i) Irrigation systems shall be timed to operate only during hours and
on days permitted in Chapter 32, Code of Metropolitan 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 four (4) feet, an overall
height of twelve (12) feet and a minimum DBH of two (2) inches at
time of planting and shall be provided along all roadways at a
maximum average spacing of thirty-five (35) feet on center.
(b) The thirty-five (35) foot averaqe 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) Palms of a ten (10) foot minimum overall height at time of
planting, or of a minimum DBH of three (3) inches at time of
planting shall count as a required tree on the basis of two (2)
palms per tree. No more than thirty (30) percent of the minimum
tree requirements may be met by palms.
(d) Thirty (30) percent of the reguired trees and/or palms shall be
native species.
(e) No more than twenty (20) percent of the native tree requirements
shall be Sabal Palmetto (Cabbage) Palm.
(f) Owners of land adjacent to the areas where street trees are
planted must maintain those areas, including the trees and sod. 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 is not appropriate in the public right-of-way,
they may require that said trees and landscape be placed on
private property.
(g) 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) 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) Street trees are not required when a colonnade open to the public
is located within four (4) feet of the edge of the roadway.
(j) Street trees in the Hometown District overlay shall be located per
the street tree requirements set forth under Section 20-7.
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 15
(4) Shading Reguirements for Structures and A/e Units
Trees shall be planted to provide shade to residential structures that
are thirty-five (35) feet in height or less. All exterior air
conditioning units. except for air conditioning units placed on the
roof, shall be shaded by trees and/or shrubs.
(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, shall be a minimum of
ten (10) feet high and have a minimum diameter at breast height
(DBH) 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 DBH of one
and one-half (1%) inches at time of planting.
(b) Minimum number of trees: The minimum number of trees reauired
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-l, 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 2. trees per acre of net lot area
NR, SR, GR, PI, H, Mixed Use, TODD, eRO 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 structures shall be
counted toward the minimum tree requirements.
(e) Grassed areas to be used for organized sports as football. soccer
or other similar sports or playgrounds. that are clearly
identified on site plans specifically for active snorts activities
or playgrounds. shall not be counted toward calculating tree
requirements.
(f) Palms of a ten (10) foot minimum overall height at time of
planting. or of a minimum DBH of three (3) inches at time of
planting shall count as a required tree on the basis of two (2)
palms per tree. No more than thirty (3D) percent of the minimum
tree requirements may be met by palms.
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 16
(g) Prohibited and controlled tree species shall not be counted toward
fulfilling the minimum tree requirements. Prohibited trees shall
be removed from the site.
(h) Thirty (30) percent of the required trees and/or palms shall be
native species.
(i) No more than twenty (20) percent of the native tree requirements
shall be Sabal Palmetto (Cabbage) Palm.
(j) 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) oer required
tree. Shrubs shall be minimum of eighteen (18) inches in height
when measured immediately after planting.
(b) Hedges 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 and
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.
(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 complete coverage within one (1) year after planting. Ground
cover may be substituted for thirty (30) percent of the required shrubs
at a rate of three (3) ground cover plants per shrub.
9) Mulch -minimum standards for depth and required use
Weed-free mulch shall be applied in a minimum tow (22) inch layer under
and around all planting areas.
(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 prooertv. that portion of such area not so
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 17
screened shall be orovided with a buffer consistinq of a six (6)
foot wallar fence with a life expectancy of at least ten (10)
years, or a hedge 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 hedge shall also be required. All shrubs
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. 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 bv a continuous hedge and/or three (3) foot high wall with a
seven (7) foot landscaped strip incorporating said hedge and/or wall on
private property. Hedges shall 'be a minimum height of eighteen (18)
inches at time of planting, wi th a maximum spacing of thirty (30) inches
on center.
(12) Landscaped Areas in Parking Lots -to exceed open space requirements
(a) All parking lots shall be required to provide ten (10) square feet
of landscaped area for each parking space. Said space may be
placed anywhere within a parking lot subject to Landscape Plan
Review.
(b) This reauirement 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
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 I" prepared by
the State of Florida Department of Agriculture and Consumer Services.
(14) Prohibited and Controlled Plant Species
Prohibited species shall not be planted and shall be removed from any
site which is subject to the requirements of Section 20-4.5. Controlled
species shall not be planted within five hundred feet of a Natural
Forest Community or native habitats as defined herein.
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 18
(15) Pruning -Hat-racking or topping prohibition and exceptions
Hat-racking or topping shall not be permitted. providing that tree crown
reduction in excess of one-third (1/3) of a treels living canopy shall
be permitted for the following site conditions:
(a) if a tree interferes with utility lines or utility structures;
(b) if a tree has a crown die-back of greater than one-third (1/3);
or.
(c) if a tree has storm damage.
~+B+ Landscap~~ 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) Perimeter I~rsoemeRts
Ca} Tae I3erimeter sf all veaieHlar \ise areas saall Be laaaseaI3ea .. dt:a
a BHffer striI3 sf Bet less t:aaa five (5) feet: is .. dat:a, enee!3t: fsr
t:asse I3Srt:isHs aS1:1t:t:iH§ st:r1:1et:Hres, · .. ·aere t:se Btiffer saall Be ast:
less I:llaR I:·"e amI eRe llaH (i! .5) ~eel: iH ,IiBI:Il.
(e) Stiffer st:riI3sl eneeI3t: fer t:hsse ae\it:t:iR§ st:rtiet:1:1res l ssall iaeltiae
at: least: SRe (ll t:ree fer eaeh t:hirt:y (39) liRear feet:, er I3ert:iea
taeresf, ene1\iaiH§ aeeesSlIa:y ",dat:as.
(e) Wit:aiR reE:fl::lirea s1:1ffer st:riI3s, a hea§e, feaee l \.al1 1 eerm er sther
aHraBle laaasea13ea vistia1 earrier ef Het: less t:aaa t\:e (2) feet: ia
llei!j"1l1: sllall ae iRsl:alleB. Cene .. el:e le.,,'eyeB ~eHees sllall "al: ae
!leymil:l:eB.
(a) VisHal earriers sf liviH§J mat:erial saall ee a miaimtim sf t:";1a (2)
~eel: i" llei!j"1l1: aRB ~e .. ty (q9) iRelles aR eeRteY at I:lle time e~
131aHt:ia§J aHa shall sereea t:he veaie1:11ar 1:1se area frsm aajaeeRt:
13rsI3ert:ies ar 13tiBlie ri§Jat:s sf Hay.
(e) If SHea vis1dal Barrier is sf a aea liviR§J mat:erial, it:s aei§Jat:,
aesi§H, laeat:iaH aRa eSHstrHetiaR mat:erial saall Be a1313ra'. ea By
t:ae EaviraRmeatal Re;, ie".1 aHa Preeervatisfl Saara aHa tae eEjl:ii .taleRt:
sf sae (1) Sarl:iS sr viHe shall ee I31aatea alsH§ eaeh t:ea (19)
liaear feet: sf saia Barrier.
ef) Tae remaiHaer sf tae s\iffer stri13 saall se laaasea13ea " .. ita §frass,
§rSl:ifla eaver, sa:rl:i13s sr stker treatmeHt:, enel1daiFl:§f !3avemeHt sr
saRa. Ueeessary aeCeSBit'ays saall Be I3ermittea 'ts 'traverse £eEf\:lirea
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 19
(a)
}?erimeter 13bLffer stri}?s aHa 13reviae aeeess te tae -:eaiebLlai? bLse
~
Interior Improvements
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 as reEfUirea iH sl:l13seetisH (1) aes'v=e, 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 (I) 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 l 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 (I) tree for every
ninety (90) square feet of areal or portion thereof, and be
landscaped with grass or ground cover as needed to meet
requirements under § 20-4.5{D) (l).
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.
(3) ~Fee Re~iFemeHtB
';Prees saall eo sf tao s}?oeies taat · .. ill Rermally §'re·,J ts a miHim1:lm
l>ei~l>t sf t",eHty (29) feet "dtl> a matuFe ere" .. s!3FeaE! sf tlleHty (29)
feet er ~Teater iH Baee CeHRty aHel: aave truFllts \leies eaa ee maiataiaea
'\idta ever seT.eR (7) feet sf elear trl::lalE. ReEfl:lireei trees Baall aave a
mi .. iffiUm E!iameteF at aFeast l>ei~l>t (B.B.!!.) ef tl>Fee (3) i .. el>es a .. E! ae
Flet less teaa tea (lG) feet iH suerall sei~ht at tae time s£ }?laatia~.
';Pac R1:l:meer sf eiiffereat s13eeies reEJl:lireEl shall ee as fslls'\i,·s.
Reqaireel: ';Prees HiaiR11:lm S}?ceics
1 19 1
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 20
11 39
31 69 3
61 199 q
191 5
Selee'tea tE"CCS shall eo frsm 'tao felle,.lis§, list sf aaEive er oJE6'tie
19roaaleaf sl?ceies, CJEoc13E 'taae tao BavirsFHTI:cflsal ReviO" .. ' aHa Prcsc1:';atisa
Beara saall have tao ati'tfieri'ty te al?fH!'8"lO ethor s!3ceics in aEielitisa te
these listee1 eele." easeel sa ies aetermiaa'e:is8 that: 'the al'ecf?Rat:ivc
B}3ceics · ... il1 sa'E:isfy, toe aa of!tlal 9l!' §JE"cater aC§J£oe, Ehe same ol3j eetivos
as ;J91:ilEl 'these list eEl.
Uae:l:/e
Live Galt: (Ql:lCrCl71S vir§Jiaiaaa)
Blae], Oli 0 e (B"ei"a 19"ee>'as)
~lJahe§JaRY (Suie'E:oaia mahs§Jaai)
Latll:'el Galt (Ql:lcrel:ls la1d:3€ifelia)
Gei~e>, ~ree (Cs>'sia se1gesteAa)
Pi§j'osa Pl1:iffi (Ceeeole1ais aiversifelia)
Sil-.-er B\:;l:EEO;A!.lsea (CsflsearpU:B ereeEI:lB)
Sea ClS'a!3o (Ceeeole13is \.470 ifol:'a)
Sati .. Leaf (gl>>'yssj3l>yll"m sliyifs>'me)
Pa>'a"ise ~ree (Sima>,s,,19a ~la"ea)
Pitel> Aj3j31e (gltisia .-ssea)
Yells\: Eleier (Stoasleai1d:FA s'EaRs)
Cherry LaHrel (PrHRHHs eareliaiaaa)
BeH'Eia (Beatia aa~hHeiaes)
S1).Teet }'.eaeia (Aeaeia faraesiaRa)
B"tts ..... ss" (gsRsea'-j3"s e>'eet"s)
ElEstie
Bea"ty Leaf (Calsj3Hyllym iSASj3l>yllum)
Viten (Viten tJ1=iiaata)
Q"eeRs C>'aj3e P'Iy.-tle (La!Je.-st.-semia sj3eeissa)
Tree ef Gela (TaEeE~ia ar§eH'Eea)
PialE TaeeHia (Taee13Hia l?alliaa)
Cel€leR Shs·,ler (Cassia fi8'E~la)
Bsttle B>'"sl> (gallistemsR sj3eeies)
BHttereul? Tree (Ceehlesl?erffiHH vitifeliHffi)
Tee§' (Bisehefia javaaiea)
NereHAia (NerSSAia effiar~iHata)
Pes§am (PeR§,aFAia l?inaata)
Sal?sailla (ArearaB Ba~eta)
O>'el>i" ~~ee (Ba"l>iAia sj3eeies)
Laee FleHer (PitheeelleeiHFA aHlee)
Fern Peaeear~HS (Peaeear}?Hs §'raeilier)
(a)
Triangles of Visibility
All landscaping within required Triangles of Visibility, as
defined in £BetisR § 20-3.6(G), shall provide unobstructed
cross-visibility at a height of between three (3) and six (6)
feet.
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 21
(b) Trees having over six (6) feet of clear trunk, with limbs and
foliage 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.
(5) EJEiSEiR§ Yc§ct.at.isa
(a) 18 iasEaaecs "here healthy fOIlas'€: Hla'Ecl?ial anisEs en a site fJrier
1::8 iEe acvcls!3lTlocae, ESC Efi'v-il?BBmcnt:al Revim. aRa Preservatisfl
Beare may aajHst 'ERe re~iremefl'E:s sf 'Ehie See'E:iOfl t8 aIle;: credit
fer the reten'E:isa sf BUGA !31aaE material if, is EaG Beare's
8}?iaiea, SHea aa aaj I:iSEmcat is is lteofJis§ '.TieB aRa "~Till Flrcscrvc
'Eae ia'E:caE aHa fJurfJ8SC 8f ERie see'E:isa.
(13) Remeval sf cnis'eifl§, Eifces saall ee in aeeera uit:fi 'tAG CS1:lfl'Ey 'f':t:ce
Pre'Eee'Eisa Oraiaaace.
IHstallatisH Wheel Stops (Bumpers) Required in Landscaped Parking
Lot Areas
(a) All laaaseafJia§ ssall Be iasEallea By ERe S'.laer, eleyelsl?er sr
lessee sf Ehe su13j eet I?rsl?ertj iB aeesrelaBee '\idta aeee!3teel §ssel
1?1aBEis§, I?rseeelures aBel ·.dES the E)'t3e aael ~uality sf 1?1aaES as
aeseriaeel serein.
(a)-f£H-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~)~+e+ Concrete wheel stops shall be permanently anchored to the ground
and located not less than thirty (30) inches from landscaped
areas.
____ ~(c~)~+G} 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 .
." .. fJermanesE · .. ·ater SU!3fJly system shall ae a\ ailaale ts serve all reEfl;iireel
laaelsea)?eel areas. Saiel systefR ssall Be !3rs=vrieleel By the issEallatisa sf an
autemateel s;!3riBltleF syst:efR.
(C) BJEeWtf3tisHs
Where t:he re~uiremeats sf this seetisH relate sslely ts the iWtf3rSvemeBt sr
8JEfJaasisH ef eJeist:iH§), v8hieular use areas er the eaaH§iH§f er eJEflaasisa ef
eJEistiH§f uses sr strl:letl::lres aBel '\i,'heFe eertais reEf\lirements are eensielerea a'l
the BavireRfReBtal ReyimJ aHa Preser.at:ien Beara te 13e eiEheF iWtf3sssiele er
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 22
i~raetieal ts eSfA!3lj ·.Iith \tiths\:lt reme\'ia§ si§aifieaat ]?Isrtisas sf aa
eJEistia§ \:lee er st;rHct\:lre er s\:ll3staatiallj reeil:leia§ the al:iml3er ef reEftl:i:reel
]?Iarltifl§ s]?laees, taea e3Eeftlt3tieae frem sHeh reEftlirefReats may 13e §raateel ey the
City Cemmissiea.
(1) H]?Iea eeftlt3leeiea ef tae reEft:l;ireel iftlt3revemeaes aereia, ehe vehictllar tlse
area shall l3e ias]?leceeel fer eeftlt3liaaee ',dta 1::he a]?l]?lreveel laaelsca]?le ]?Ilaa
aael e1::her re~iremeats sf tHis Ceele 13y 1::he Btlilelia§ Official. A
eertifiea1::e sf oeetl]?laaey shall l3e iss\:l:eel ealy after fisal satisfae1::er}'
ias]?Ieeties.
(2) Whes eeetl]?laacy ef a relateel 13\:lileliR§ is aesireel ]?Irier te eeftlt31eted
laaelsca]?lis§ sf 1::he 'vehicHlar \:lse area, a tem]?lsrarJr eertifiea1::e ef
eccH]?Iaaejr may 13e isstleel uhich ,till eSS\:lre cSftlt31iaaee ' .. ith 1::he
reEftliremes1::s sti]?l\:llateel hereia.
(3) The S',Jaers ea: eheir a§es1::s shall 13e res]?lefl:si131e fer the maifl:teaafl:ee sf
all reEftlireel lafl:elsea]?lia§ afl:ei etlr13ia§ seviees \thieh sHall 13e maiaEaiaes
ia §ssel eeasitiea aael ](e]?l1:: free frem reftlse aael se13ris se as ts ]?Ireseat
a healthy, aea1:: aael erelerly a]?l]?learaace.
(1) If at aay time af1::er the isstlaace sa a Certificate ef Occtl]?laaey, aay
refJUirea laREisca]?leel area is fe1d:ael se 13e is aeaesfl:fsrHl:aace '.Jith this
Ceele, aetice shall 13e isstleel ts the Silsers SF their a§eats that
cerree1::ive aetiea is refJUireel aBs elescld13iag \teae actisa is aecessary te
eSfIl!lly.
(5) Tae s'.,"e"8 sr Eaei" a!O'e"Es saall aa'Ie EairE} (3 g) eale"aar aa,s ES
f\:llfill tHe laBssca]?lia§ reEft:l;iremea1::s aBel failtlre 1::e cem]?lly ',lithia Ehe
alle1::teel time shall 13e ceasielereel a ,ielatisa sf this Ceele,
(F) Landscape Plans Review Criteria
Landscaoe plans shall be reviewed bv 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
desiqn 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.S(Hl through (Ll.
(3) In order to conserve water, the plan shall demonstrate an emphasis on
the use of drought-tolerant species. Plants with similar water
Adopted April 2. 1996 Landscape Revisions Ordinance Page # 23
requirements shall be grouped together to reduce the amount of water
necessary for irrigation.
(4) The DIan shall include the use of native plant sDecies 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.
(5) Trees and shrubs shall be used to reduce energy consumption by shading
buildings and 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) Plant species appropriate to a site's particular conditions shall be
used. Special attention shall be given to the use of appropriate species
under or over utility lines, near native plant communities, and near
septic tanks and sewer lines. Adequate growth area shall be provided for
all plant materials. Trees shall not encroach at a distance greater than
ten (10) feet from any overhead 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 Certificate of Compliance in the form of a letter 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 Certificate of 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) .
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 24
(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) 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 satisfv current
landscape code requirements, such tree or plant shall be replaced with
the same landscape material.
(6) The Planning Division shall withhold issuance of the final Certificate
of Occupancy, Certificate of Use and Occupancy, or Certificate of
Completion until a Certificate of Compliance has been approved by the
Division.
(7) The Environmental Review & Preservation Board [E.R.P.B.l 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 -Applicabil.i.ty
(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
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 25
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 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:
(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 speciTnen 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;
(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;
(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;
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 26
(f) removal of any of the following tree species:
i. Melaleuca guinguenervia (cajeput or paperbark tree);
ii. Casuarina spp. (Australian pine. beefwood) i
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)j
v. Ricinus communis (castorbean) i
vi. Psidium guajava (guava) i
vii. Albezzia lebbek (woman's tongue) j
viii. Acacia auriculaeformis (earleaf acacia) j
ix. Schefflera actinophylla (Oueensland 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;
(h) removing. trimminq. cuttinq, or alterinq of any manqrove tree or
removal of any tree located upon land which is wetlands as defined
in Section 24-3, Code of Metropolitan Dade County, Florida;
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 27
(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;
(j) Any mortgagee with respect to propertv 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.
(k) Any action which occurred prior to February 21, 1989, shall not
constitute a violation of Section 20-4.S (H) through (L).
(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.S(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.S(A); OR,
(d) Two copies of a tree survev 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
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 28
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 Plannino Director may require the postinq of a
performance bond to guarantee compliance with all
conditions, limitations, and restrictions of the tree
removal permit, including, but not limited to, plantino of
all required replacement trees.
ii. The bond shall be equivalent to one hundred fifteen percent
(115%) 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
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 ~emain incomplete for a
period of one hundred twenty (120) days shall be denied. A new tree
removal permit application shall be remlired 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.
(6) Any permits related to a Natural ForeSe Community shall be approved by
the Metro-Dade County Department of Environmental Resource Management
[DERM) .
(J) Tree Removal Permit -Replacement Standards
(I) 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 sub-ject to protection, or specimen
tree (s) i
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 29
(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 [DERM];
(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.
Step 2: Determininq 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 bv 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 Portion of Impact Area for which
(See Step 6 below for explanation) 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 ~he total number of trees from
all replacement categories compensate for the lost canopy.
b) In the event that a replacemen1: t:cee actually has more canopv
coverage at the time of planti~than the amount of credit allowed
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 30
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 reDlacement canODV 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 § 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 Pla~ning 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.
Step 5: Minimum species diversitv 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 oV2rall number of trees required.
The applicant shall be required to meet ~he 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, ~~en all replacement trees shall be
native species; otherwise, a minimuIl1_ of fifty (SO) percent of all
replacement trees planted shall be na"ci ve to Dade County.
b) Permittees shall not be required ~~lant.in excess of six (6)
species. The number of trees oj: ez;.ch i3pecies planted shall be
proportional to the number of gpecies required.
c) As an alternative to the minimum species diversity required
herein, an applicant may propose an alternative species diversity
in an alternative landscape enha~'~c2ment plan described in § 20-
4.5 (J) (5) .
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 31
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 cateqorv 1 replacement shade ~rees 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 crees shall be a minimum of eiqht
(8) feet in height at the time of plantin~at maturity should
have a canopy coverage of five h\.lndred (500) square feet under
normal growing conditions.
(c) All cateoorv 1 replacement palm tl.·ees shall be a minimum of ten
(10) feet in height at the time o~planting and at maturity should
have a canopy coverage of three hundn3d (300) square feet under
normal growing conditions.
(d) All category 2 replacement calm t.;~es shaLl be a minimum of three
(3) feet in height at the time or planting and at maturity should
have a canopy coverage of one hU~J.ci:ced (100) square feet under
normal growing conditions.
(e) All small trees shall be a minimuc" of six (6) feet in height at
the time of planting and at ma"cur,U:,y should have a canopy coverage
of two hundred (200) square feet unde:c normal growing conditions.
(3) Specimen Trees
The standards to be applied in reviewi~~g 'cree removal permit
applications involving specimen trees are as follows:
(a) Specimen Tree Preservation. Specimen trees shall be preserved
whenever reasonably possible, and. upon ~eceipt of an application
to remove (a) specimen tree (s) I t:~~~ Planning Division shall
consider the following factors in evaluating said application:
i. Size and configuration of t]~~rtYi.
ii. Size and configuration at' ~·~-:::t oroposed development;
iii. Location of the tree relative to any proposed development;
i v. Whether or not the tree can J2§LJjres.:~rved under the proposed
plan or any alternative pla:!:..i..
v. Health, condition and aesthetic qualities of the tree; and,
vi. Whether the tree poses a t~r.eat to persons or property.
Adopted April 2, 1996 Lands(~ape :<evi sians Ordinance Page # 32
(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~hen the applicant shall orovide
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 limite~_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 adjus·::"lilem.: 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 preb~~_'vation of the specimen tree is}
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 r~locate the specimen tree(s). If a
tree removal permit requires rel'~'i~tic.:.!h.. then the applicant shall
be required to relocate the trEe 1jl a~cor,jance IN'i th 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 L health, location, species or any
other factor, then a permit may ue ~ssued for the removal of the
specimen tree(s}, and tree replacement shall be required.
e) Replacement requirements for spe~imen trees. As a condition of the
issuance of a tree removal perml. 0:" for th~ removal of specimen
trees, tree replacement requireme~~.:..r~J:;hall be twice those
specified for the replacement of non-specimen trees under § 20-
4.5(J)(2).
f) Fee. In the event that replacm;-:r3:~~:""-j..S not. feasible on site, then
alternative off-site replacement: s!lall be required, or, as a last
alternati ve, there shall be a cOl~',:"ibution to Account NO. 219.355,
Tree Trust Fund, for the full va}ue of replacement trees.
g) Exemptions from specimen tree r~2:~ceren~~irements. Applicants
may be exempt form the replacem2:':~c. resn.:..ire:ments above, but subject
to the tree replacement reguireme;-~'.:.s conta.ined in § 20-4.5 (J) (2),
under the following circumstancen:
i. Upon submittal of a sta1~eiL1·:.;!.i;"'_~£9m a landscape architect
registered in the State G·." ~'·.~orida which indicates that a
specimen tree, due to di;;ease, condition, growth habit or
any other reasonable botan:: cal factor, does not provide the
aesthetic or environmental.._crmtribution associated with a
specimen tree. Said stat~_~'''''.:!J.l:~ SF:iL,l:. include t:he specific
reasons (s) for the clair .. ed 8~..:er.1T.:.'C.:.t.O:':1 from. these provisions;
Adopted April 2, 1996 Lanj~, ';3Je R.ev.isions Ordinance Page # 33
ii. When preservation of the sp_~-::cirnen tree would cause a
foreseeable risk to propert:v; or.r..
iii. When a site contains more lhan one (l) specimen tree, and
fifty (50) percent or more_9-F the existing specimen trees
and at least fifty (50) pe:':.~ent of the existing specimen
tree canopy area is preseyved.
(4) Landscape Replacement Plan
Landscape reolacement olans may be rE:(fu. H:ed under the provi sions
contained in § 20-4.5 (J) {I}. All land~iL~pe reJ2lacement plans shall be
submitted by the applicant and must me~t the following minimum
standards:
(a) The number of trees, number of ,s-,J2cies of trees, and size of trees
proposed for planting shall be c0c,sistem: with § 20 -4" 5 (J) (2) & (3) :
(b) The site plan shall include proposed replacement locations for all
tree replacements and relocatioll~ __ 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. Whe0~~~rtion of the canopy of a
tree or trees shall be removed h'i':~~u0ut removal of the tree (8), a
notation shall be made on the .p';'ar. indicating t~le situation and
canopy area.
(5) Alternative Landscape Enhancement Pia_:'"
Instead of replacing all affected tr~~~ pursuant to provisions contained
in § 20-4.5{J) {2)&(3}. an applicant may propose to relocate existing
trees or propose a unique project des~cn which provideS reasonable
assurance that the project complies \,l,~ '.,.]1 L18 i:lt:ent to maintain tree
canopy.
Reolacement credit may be granted fo~;antinH-shrubs or ground covers,
based upon the following table~ovi~~CL however. that a minimum of
fifty (50) percent of the required co~:.ooy replacement is achieved by
using shade trees and palm trees as ,"ecce.; red under § 20 -4" 5 (J) (2) & (3) "
Category of Tree Ai ternative Shrub lpo.i:t'l-on of -impact Area for which
or Ground Cover I Eac. ~ Shrub/Ground Cover Compensates
!-;:S"'h=r::u"b::-'1-;('i-=n=c"'lO:u7d:;:;-i::n=g:-:s::m::a"'1"1'--'p=a'1=m=s"):----+1-'6 C-~:;-:;a:;:eTeetrep 1 a c emen t area
Shrub 2/Ground Cover I 30'" squa,r,:=! feet replacement area
(a) All category 1 shrubs shall be a ",uinimum of two (2) feet in height
at the time of planting and ar:,,_:"~Cl,~_:uri tL.§_hould have a canopy
coverage of sixty (60) square (~_~,;. __ unQ.er __ normal growing
conditions.
Adopted April 2, 1996 Land':; .:'''ipe Revi. sions Ordinance Page # 34
(b) All category 2 shrubs and ground_90vers shall have a root system
sufficient to sustain growth at c~le time of planting and at
maturi ty should have a canopy c~~,~'j':..~:age of ten (10) to twenty (20)
square feet under normal growincL_';9nditio~
(c) The apnlicant shall have the burden of demonstrating that a design
meets the intent of § 20-4.S(J) (2)&(3). At a minimum, an
alternative landscaping enhancement plan shall include, without
limitation:
i. A sealed statement, preparecLl2Y. a landscape architect,
registered in the State of_j.".:.or.l.ca...l-. which indicates that the
intent of § 20-4.S(J)(2)&,o! can be effec'oively met through
the submission of the al i:ci.-:: .• ati ve design; and,
ii. A site plan, prepared by 8Ciid landscape architect,
registered in the State of ~"lorida, that includes the
proposed location, scienLi~~c name or description of
vegetation to be preserved o~ planted, property lines,
proposed and existing struc~Q~driveways and utility
easements; and,
iii. A tabulation that identif~.:::? any de~~riations from the
requirements of § 20-4.5 (1./ i (2) & (3) dnd exolici tly provides
tree replacement alternative~~
(d) The Planning Division may appr<;~;0::' an alte:·:native landscape
enhancement plan when:
i. The design preserves and. ·~-.c0rpo::-aLes existing vegetation;
and.
ii. The design exceeds the [[,i' :/ __ .X","-f!l._:c~,:::..~_remen'Cs or equivalent of
§ 20-4.S(J) (2)&(3).
(K) Tree Removal Permit -Relocation Standa:-:u,
The relocation of any tree that is subject to the provisions of Section 20-4.5
shall be consistent with the following minimum standards:
(1) Trees other than palms:
(a) Tree roots shall be severed ~ r. _;'..:J~t:..._c. nw.l~nE.:r as to provide a root
ball which is sufficient to ensl~£~ survival of the tree when
relocated. A sufficiently-sized Ql.anting hole shall be provided
at the relocation site to ensnj~£,"..E::uccessful re-growth;
(b) After root severing, adequate t.ime shall be al:'o\,-led prior to
replanting to ensure survival (·.r 'che tree {~J:\.fter 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 wee.~~.~!. __ lI_gJ".iJ. .... t __ b...§>;.._ tree (s) are
established;
Adopted April 2, 1996 L3.n6-':::::'.pe Re"l sians Ordinance Page # 35
(c) During removal and transportation of the tree, the root ball and
vegetati ve portions of the tre~ f:~llall be protected from damage
from wind or injury; and,
(d) Any tree that dies or becomes nunviable within one(l) year of
relocation shall be replaced ac(~!.,:,--rci.£~tg t.he standards set forth
in § 20-4.5 (J) (2) &(3)
(2) Palms:
(a) A ball of earth at least one ..l~~ __ foot from the base of the trees
shall be moved with the tree;
(b) Fronds shall be securely tied ar.ound the bud prior to relocation
and shall remain securely tied (i._round the bud during the entire
relocation process and for a m:i..L,.~n\t;.m of ~)iiE: (II week after
relocation; and,
(c) Any palm that dies or becomes nonviable within one (1) year of
relocation shall be replaced ac~ordinq 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 cl.-e(r:.~: for the relocated trees and the
tree replacement requirements herein .s:-~~ll no':;'_a~lLto such relocated
trees. All relocated trees shall meet: -~r12 standa.rds set forth above.
(L)Tree Protection -Required Barriers
During site development. protection requirem~.Ll'':;:3 :Cor t.rees designated for
preservation under an approved tree removal __ 9Grmit shall include, but not be
limited to, the following:
(1) Protective barriers shall be placed a:..: ~d;ld eacfl...J;.f.~ cluster of trees,
or the edge of the preservation area ~~;~.j~§._ss._;)_;!!.L six (6) feet (in
radius) from the trunk of any protected -cree cL.lster or preservation
area unless a lesser distance is specified by the Planning Division.
(2) Protective barriers shall be a minim1.!~ __ Qf four (4) feet above ground
level and shall be constructed of \o,!o.C2·L ~)lasti(~9r aleta:~, and shall
remain in place until development is .:o;-;-;plated. Protective barriers
shall be in place prior to the start .Q..f any construct ion.
(3) Understory plants within protective b<,\,~';'~_;~2rs....;~~al_l bE';. protected.
(4) No excess oil, fill, equipment, buildL1,9 materials or building debris
shall be placed within the areas surrounded by protective barriers, nor
shall there be disposal of any waster naterial such as paints. oils,
sol vents, asphalt, concrete, mortar ;)~; __ :}.'.!~[ othel.-ma-cerial harmful to
trees or understory plants wi thin t(~e ;,~r..il.?-S sUXX9unded py protective
barriers.
(5) Trees shall be braced in such a fashi("'~u as to ~lot scar, penetrate,
perforate or otherwise inflict damac;e_ :....':2.._~~li.?:-~£:.~t€~
Adopted April 2, 1996 Lan:~ ::-:"lD~ Revi3i:)ns Ordinance Page # 36
(6) Natural grade shall be maintained withi~l protective barriers. In the
event that natural grade of the site is changed as a result of site
development, such that the safety of _',J~~~ tree ruDY 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 placeiT,~_~t is not possible. disturbance
shall be minimized by techniques such ;;:3 '.::.unn,'?l:~nq or overhead utility
lines.
(8) Fences and walls shall be constructed ~o avoid disturbance to any
protected tree. Post holes and trench.?_~. ";'ocated close to trees shall be
dug by hand and adjusted as necessarJ(_L_"'::.it~.(lC.j te.:.:ilnigues such as
discontinuous footings. to avoid danLi:iSJ.~ __ l.:.o major roots.
(9) Trees that are effectively destroyed. _s~1all be replaced accordinq to the
standards of § 20-4.5(J) (2)&(3).
(M) City of South Miami Tree Trust Fund
(1) Creation of the tree trust fund. Ther.·~ .. !-iL horeby created a tree trust
fund. under Account NO. 219.355. thf~_:t::---'~~.;.:r.:!03e of which is to acquire.
protect. and to plant trees on public....l:!.J:.oparty.
(2) Disbursement and maintenance of the t;;,:~ trust fund. Monies obtained for
the tree trust fund shall be disburseQ._. __ ·:=or th~~isition. maintenance.
management, protection, or planting of trees on public property.
(3) Source of monies for the tree trust fU:,ld. Said t.ree trust fund shall
consist of contributions in lieu of. Q:,= .. :.n conjunction with. required
replacement plantings under Section ~ __ .:..:..::._-=~.:..._ ri'he P:!.annir.g Division shall
collect funds designated for the t::~~:.._.~-£-:<_~~_fund when the replacement
planting requirements of § 20-4.5(J} (2;&(3) cannot be met.
(4) Decisions to grant or deny tree remo-J'~' ,;:?ermits shall be made without
consideration of the existence of thi..::. .::lad 0:"'-offers of donations of
monies thereto.
(N) Violations of Section 20-4.5
(I) The Planning Division shall charge ,;n~~._:::"):.~J:ct pe'YT,1it fe.8S and trust
fund contributions. Applications f::-z,;~~ . .:::,.::::.:.;~<;ym:len'[. agencies for tree
removals in areas dedicated to pub:ic use may be exempted from permit
fees.
(2) The Planning Division and Building Di··/i3:Lon shall have the right to
inspect any lands affected by Section 20-4.5 and to issue cease and
desist orders and citations for violatigns.
(3) Failure to install or maintain landsc'~!2;2,~ accordin_<LJ:o the terms of
Section 20-4.5 shall constitute a v, .. ~~:l:.::D':"'.: [Xl of ;.;-1~.e __ ~Q..<ih
Adopted April 2, 1996 Landscape Revisions Ordinance Page # 37
(4) Failure to plant , preserve, or mainta in e ach indivi dua l t ree s hall be
considered a separate violation o f th l~ Code .
(5) Each day in which either landscaping or indi v idua l tre es are n o t
installed or maintained, according t o t h e terms of Sec ti on 20-4 .5. shall
constitute a continuing and separate ~';ol ation of this Code .
(6) Any person, firm or entity violatinq a ny provision und e r Section 20-4.5
s hall be sub; ect to a fine of up to t,.o hundred f ifty dollars ($250.00)
per day per tree, pursuant to provis i ons of this Code and State.
Section 3. If any section, cI a.u se , sent e n ce , or phrase of
this ordinance is for any reason h eld invalid or unconstitutional
by a court of competent jurisdictic,n , the ho l ding shall not
affect the v alidity of the remainiDg portions of thi s ordinance.
Section 4 . All ordinances or pa rts of ordi na n ces in conflict
with the provisions of this ordinance are he reby repealed.
Section 5. This ordinance sha1 l t ake e f fect: immediately at
the time of its passage.
PASSED AND ADOPTED this 2 nd day o f April, 1996.
ATTEST:
READ AND APPROVED AS TO FORM:
~I (,
CITY ATTORNEY
Ado pted April 2, 1996
,1,P?ROVE,) :
MAYOR
COMMISSION VOTE:
Mayor Cunningham: Yea
Vice Mayor Robaina: Yea
Commissioner Pri c e: Yea
Commissioner Beth e l: Yea
Commi ss ion e r Young: Yea
c: \ "". \ report.e \ landecape ord
Landscape Revisi ons Or dinance Page # 38
(b) Alternate plans. If, after review of above. the Planning Division
determines that (a) specimen tree s) (.c.nn()t reaso~abl v be
preserved under a proposed plan. :-_hen 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 limitec1 ':0:
i. An adjustment of building orientation on a site; and.
ii. An adjustment of lot lines Vlithin a site proposal for more
than one lot when the adju.3·.:.t,1enL will not cause unreasonable
loss of usable space. An ap~~icant shall have the burden of
proof in the determination oi ' .... hat constitutes an
unreasonable loss of usable spa<~e.
c) Specimen tree relocation. If pres2:::-v~ation of the specimen tree (s)
and any alternate design consistent with the scope and intent of
the initial plan are mutually exc~usive, then the Planning
Division may issue a permit to rqlocate the specimen tree(s). If a
tree removal permit reauires rel·:1caticn. then tne applicant shall
be required to relocate the trE_e ~:1 a...::corJance ',-Ii th the standards
in § 20-4.5 (K).
d) Removal of specimen trees. If re::'oca"Lion of the specimen tree(s}
is not feasible due to the size, health, location, species or any
other factor. then a permit may ~e ~ssuea for the removal of the
specimen tree (s) f and tree replacer:1ent shall be required.
e) Replacement requirements for spe~imen trees. As a condition of the
issuance of a tree removal perr.1:':.:..... :::or "Chi!. removal of specimen
trees. tree replacement requirE·,:2~~.:s '"!:1al: be t'A,ice those
specified for the replacement of :-'.on-spec:"men trees under § 20-
4.s(J) (2).
f) Fee. In the event that replaccr:.~::-~-_ ':s not. feasib' e on site, then
alternative off-site replace~e~~ ~~all be required, or, as a last
alternative, there shall be a ,-.o,,·cocibutioa to Account No. 219.355,
Tree Trust Fund, for the full vaJue of replacement trees.
g) Exemptions from specimen tree rs:...~.,~-.::erE:-n-:-; ~eGUi-:ements. Applicants
may be exempt form the replace!. . .::::.=-:'-2yt:il-2mer.ts above, but subject
to the tree replacement reguire:-:le:-_-.:.s ~cnt..::..ir.ed in § 20-4.5 (J) (2) ,
under the following circumstance~l..:..
i. Upon submittal of a stat.(;'-.~-:-,·~::. ~.;-om a landscape architect
registered in the State c: ;'.~o~ida '.'lhich indicates that a
specimen tree, due to di~e.:.se, cona.!.tlon. qrowth habit or
any other reasonable botan:-cal factor. does not provide the
aesthetic or environmenta~.~nntribution associated with a
specimen tree. Said stat2~,. -".".:..:'" :;::-~:·_.L. ':nclu,ja -;:he specific
reasons (s) for the claire-iE-c, -·':::eL11;'--':':';'O~1 from. -tr.ese provisions;
Adopted April 2, 1996 Lan:5::: ':3..?e R.~~,~~sions Crdinance Page # 33
ii. When preservation of the S~~' :,,;' r:lG:1 tree would cause a
foreseeable risk to proper!: r; or.L
iii. When a site contains more '. :1.::tn one (1) specimen tree. and
fifty (50) percent or more_!y= the existing specimen trees
and at least fifty (50) pe "-:2-n";: ::f the existing specimen
tree canopy area is prese~ ·'.',:,d.
(4) Landscape Replacement Plan
Landscape replacement plans may be J.:I2YL, _~:2d un0.er the pl.-ovisions
contained in § 20-4.5 (J) (1). All lar,(;s';'i~)e :Ct::placement plans shall be
submitted by the applicant and must me~t the following minimum
standards:
(a) The number of trees. number of ::-..Jc~i~~ 0~: trees, and size of trees
proposed for planting shall be ~~ .. ~cstenc with § 20-4.5 (J) (2) &(3);
(b) The site plan shall include propc;:;:ed replacement locations for all
tree replacements and relocatio~~ and all property lines.
proposed and existing structurc:,::,. J::ivewa:vs and utility easements;
and.
(c) The canopy spread of any tree t:tEtt is oroposed ::or preservation
shall be shown on the plan. Whe7"_:; ". po~t:"on of the canopy of a
tree or trees shall be removed '.... _.:';111: removal of the tree (s) ( a
notation shall be made on the ',;~o."'--J -llJ.:;'ca-cing L1:::' situation and
canopy area.
(5) Alternative Landscape Enhancement 1?~_a."
Instead of replacing all affected tree<:< C'.lrsua-r.:.·\: to provisions contained
in § 20-4.5(J) (2)&(3) ( an applicant r,~a'.' ":]::.-opose to relocate existing
trees or propose a unique proj eet des' ,-':1 wLlich provides reasonable
assurance that the proj ect complies L __ "J:::. :: .. 12 Llt:ent to r:1aintain tree
canopy.
Reolacement credit may be granted fer plantin~shrubs or ground covers,
based upon the following table, providA::, however, 1:hat a minimum of
fifty (SO) percent of the required C2~.O'J".' replE'.sement is achieved by
using shade trees and palm trees as r~c.'::ed ur.der § 20-4.5(J) (2)&(3)
Category of Tree Alternative Shrub I Fo.z'G.C:1 of -::mpact )~!,:ea for which
or Ground Cover I Ea,-':t S'1:2:t:.b/Ground Cover Compensates
I---cS"h-r-u-'-b-'l'--"("7i-n-c~l'"u~dC'i-n-g--s-m-a~l;-l~-p-a~l;-m-s')-----'-1 "";E-' ~'~.~r2Tee-treplacement area
Shrub 2/Ground Cover ! 3J ~ =!u3.r,? f=:=:et rer.lacement area
(a) All category 1 shrubs shall bE a .. :lcnimum cf two (2) feet in height
at the time of planting and a~::.._. ~,~~ -:",lri:'y should ~'1ave a canopy
coverage of sixty (60) square ~_~_'--'.;: __ 'J.:1Q.er __ ::'.o:cmal growing
conditions.
Adopted April 2, 1996 L3.nO'; >1'ge P.evi. sions Ordinance Page # 34
(b) All category 2 shrubs and grou~d C8vers s~all have a root system
sufficient to sustain growth at ::>~ t:'me :JI planting and at
maturity should have a canopy c ___ "'":.:·_-age of ten (iG) to twenty (20)
square feet under normal growinr_' ::onditio_~lS.
(c) The applicant shall have the burden of derr.onstrating that a desiqn
meets the intent of § 20-4.5 (J) (2; &(3). At a min':'mum. an
alternative landscaping enhance~~nt plan shall include, without
limitation:
i. A sealed statement, prepar=(~ a .Landscape architect,
registered in the State ::)f~_, uo:;::.c.u, which indicates that the
intent of § 20-4.S{J) (2)&,~, can lJe effec::ively met through
the submission of the a1~,:,;J...· __ at.i-Je d.:::sign; and,
ii. A site plan, prepared by 35id lands~ape a~chitect,
registered in the State cf ~~lorida, that lacludes the
proposed location, scier~·;:':":':::-'c name or description of
vegetation to be preserved o~ planted, property lines,
proposed and existing strt:.c':"U~::lrivewavs and utility
easements; and,
iii. A tabulation that identii: ~2~ any d.2_'!Jat::..o~'ls from the
requirements of § 20-4.5 IV', 12, &(3) .And eXD1icitly provides
tree replacement alternat~~te'3.
(d) The Planning Division may appre' ,:'~-3.n alte.::1ativ2 ::"andscape
enhancement plan when:
i. The design preserves ane
and,
:~~cpo~a~es exi3ting vegetation:
ii. The design exceeds the r: ____ X_·:..!--;.....:.cea·":;_~_:emen·=s or equivalent of
§ 20-4.5(J)(2)&(3).
(K) Tree Removal Permit -Relocation Standa:-;d':'l
The relocation of any tree that is subject ~o ':he provisions of Section 20-4.5
shall be consistent with the following minir:ll'::1 s"Candards:
(1) Trees other than palms:
(a) Tree roots shall be severed ~ ::. _b~C~-'"' r:~:":~~~E.r as to provide a root
ball which is sufficient to ensu_~e survi'la1 of the tree when
relocated. A sufficiently-sizeci n1antinc hole shall be provided
at the relocation site to e~sl:~-! ~ucces~ful re-growth;
(b) After root severing, adequate :: :.:::.;:; ':;~"1<.:::.' be aL ... ovJed prior to
replanting to ensure survivai. :::; -.-J-.E:: ::n~e (s). After root severing
and prior to relocation. tree(s; shall be watered a minimum of
twice weeklYi and, after relocal:-~n! said tree (s) shall be
watered a minimum of twice weey::_~ ... 2r..t.il_._.-=_.t'::.§' __ tree (s) are
established;
Adopted April 2, 1996 Lsnt: =~De ~e"is~ons Crdinance Page # 35
(c) During removal and transportation of the tree, the root ball and
vegetati ve portions of the tr,,;:,e ~,~"lall :'8 ":J:'o'Cected from damage
from wind or injury; and,
(d) Anv tree that dles or becomes r_c..r:viable within one (1) year of
relocation shall be replaced au_:;rcj..£.~_J_C t.r..e standards set forth
in § 20-4.5(J) (2)&(3).
(2) Palms:
(a) A ball of earth at least one
shall be moved with the tree;
\ .. : foot fl-O';,l the bo.se of the trees
(b) Fronds shall be securely tied around ~~e bud prior to relocation
and shall remain securely tiec. ,~round 'c~le ~ud during the entire
relocation process and for a iT.:"_ .. "-'\.:.'-'1 of <'-'E: \1,. week after
relocation; and,
(c) Any palm that dies or becomes r:'G:1viable ':vith:'n one (l) year of
relocation shall be replaced 2cco~ding to the standards set forth
in § 20-4.5(J) (2)&(3).
(3) Preservation credit for relocated trees. Perm~~tees who successfully
relocate trees shall receive full cred.· .. : for t~e relocated trees and the
tree replacement requirements hereirl ~,~~ll ncr<;: __ a..rmlv ;:0 such relocated
trees. All relocated trees shall meer. ...:.:.2 S'tCiiJ.·.:L".i..'G.s sat forth above.
(L}Tree Protection -Required Barriers
During site development, protection regu::'r~:«(;;.'-:.:..3 ':or ..... ~rees jesignated for
preservation under an approved tree remove:.-~2l'mit s.:.a:'l include, but not be
limited to, the following:
(1) protecti ve barriers shall be placed &:_: :":.:.:.;lC. 83:::. ~ree Ie" uster of trees I
or the edge of the preservation area ..:", .. _.!.~:ss._'~-:'_;~:: s::"'x (G) feet (in
radius) from the trunk of any protec'C2c -::ree C-''':'S'C:e:C or preservation
area unless a lesser distance is speci~ied bv t~e Planning Division.
(2) Protecti ve barriers shall be a minim'.~~ __ 2:;; four (4) fe~t above ground
level and shall be constructed of \ioqL ; .... asti.~_Jr ;ne-ca:", and shall
remain in place until development:"s -:."0:"2:t:2G.. lrote2tive barriers
shall be in place prior to the star~ 0~ any construction.
(3 ) understory plants wi thin protective ";:;; ce -.::;:;:o'Cected.
(4) No excess oil, fill, equipment. bui::';::;':"~19 :-:la::.e::::::.3.:!.s or bt:ilding debris
shall be placed within the areas surro-..l;ldEd by -;Jrotec'Ci ve barriers, nor
shall there be disposal of any waster "lc:~terial such as paints, oils,
sol vents, asphalt, concrete, mortar . __ ,,-:"[ oth2"'.: ma'ceu~ al harmful to
trees or understory plants within t~".2 ,--'_2.;0.3 Sl~-~-_:;o"Jn:iej )y protective
barriers.
(5) Trees shall be braced in such a fashi'-'1.S to ~-:Jt: sca-r, penetrate,
perforate or otherwise inflict damaco:! _ ,-,-_;~10_~..:....:.:.::o..~
Adopted April 2, 1996 Lan}~-'l~~ ~evi3i~ns ~~dinance Page # 36
(6) Natural grade shall be maintained witr.; ~l 'Crotec.::i~Je barriers. In the
event that natural grade of the site i:3 changed as a result of site
development, such that the safety of tree m.-:...y be endangered, tree
wells or retaining walls are require . .-:.
(7) Underground utility lines shall be pl.s.ced outside the areas surrounded
by protective barriers. If said place,-:."".""1t is not Dossible, disturbance
shall be minimized by techniques such ~ ·:·..lr.n.~l·~~lg or overhead utility
lines.
(8) Fences and walls shall be constructed ~() o.void ·listurbance to any
protected tree. Post holes and trenc~~~.~Gcated close to trees shall be
dug by hand and adjusted as necessa:.....':· ___ -:.:..~.:"..~1q te,,:,::ulique,s such as
discontinuous footings, to avoid daii.,ci. __ ~_ ~o maj or roots.
(9) Trees that are effectively destroyec, ~.<all be ~eplaced according to the
standards of § 20-4.5 (J) (2) &(3) .
(M) City of South Miami Tree Trust Fund
(1) Creation of the tree trust fund. T~er_·;. 'l~·~',·e:'Y:· crea':.ed a tree trust
fund, under Account No. 219.355, thc._.c-_~;:;·_.A)3C: of which is to acquire,
protect, and to plant trees on pub::":.....:. c...;_002:.. .. .:y.
(2) Disbursement and maintenance of the L~ .~ trust :::und. fJlonies obtained for
the tree trust fund shall be disbursed .~O~ th~ acquisition, maintenance,
management, protection, or planting of t~ees on Dublic property.
(3) Source of monies for the tree trust f'...<.ld. Said tree trust fund shall
consist of contributions in lieu of, C:.: .. '.:;1 r;on~unction with, required
replacement plantings under Sectio;-~ .. _~_._c, . ....:~.:.... C,-'lie 'P~ Cinn~ Lq Division shall
collect funds designated for the t:: __ -fune. \;h·2n -che replacement
planting requirements of § 20-4.5 ( ..... -; ::;;: ~<I . .5; cannot be met.
(4) Decisions to grant or deny tree remo';~; .·Jerm::"~s s::-:tal2. De made without
consideration of the existence of ;,:::.:. .. · ... :1d C·-Jffers of donations of
monies thereto.
(N) Violations of Section 20-4.5
(1) The Planning Division shall charge ;-J:.~.·-,c'.: p::::T.1i:: FEes and trust
fund contributions. Applications f::~ ~_, _____ ~.~ __ -::Tr::en~ u.qi~ncies for tree
removals in areas dedicated to pub~_:...:: :::;2 :na~, be exem-::Jted from permit
fees.
(2) The Plannlnq Division and Building U:"'.'-',,_0:1 s!1a':"::' 11a"'-l2 '.:he right to
inspect any lands affected by Section ~O-4.5 and to issue cease and
desist orders and citations for violat. . ./~.0ns.
(3) Failure to install or maintain landsc:~:~ '_,;''=!. c...c(!o~_':"J:l.~-:o the terms of
Section 20-4.5 shall constitute a ~.:
Adopted April 2, 1996 Lands~~pe Revisions Ordinance Page # 37
(4) Failure to plant, preserve, or mainta~~·. each individual tree shall be
considered a separate violation of ttl :2 Code.
(5) Each day in which either landscaping o]~ individual trees are not
installed or maintained, according to ~he terms of Section 20-4.5, shall
constitute a continuing and separate '·;.olation of this Code.
(6) Any person. firm or entity violatinc· :.:1Y oro7ision ~nder Section 20-4.5
shall be subj ect to a fine of up to ~'W hundred f' fty cicllars ($250.00)
per day per tree. pursuant to provisions of this Co:le and State.
Section 3. If any section, clause, sentence, or phrase of
this ordinance is for any reason he!J'l invalid or unconstitutional
by a court of competent jurisdicticn the ~"lolding shall not
affect the validity of the remainiLs~::>rtions:Jf this ordinance.
Section 4. All ordinances or parts of o~dirances in conflict
with the provisions of this ordinanc~ are hereby ~epealed.
Section 5. This ordinance shid ~l ·~.ake .~f::"ect i:r.mediately at
the time of its passage.
PASSED AND ADOPTED this 2 nd day cf April, 1996.
ATTEST:
CITY CLERK /' /
READ AND APPROVED AS TO FORM:
., ,
CITY ATTORNEY
Adopted April 2, 1996
}'.P"ROVE'J .
COMMISSION VOTE:
Mayor Cunningham: Yea
Vice Mayor Robaina: Yea
Commissioner Price: Yea
Commissioner Bethel: Yea
Commissioner Young: Yea
Landscape ~evisions O~dinance Page # 38