SUPERIOR LANDSCAPINT & LAWN SERVICE, INC.pM"
SUBMITTEDTO: City Clerk
CITY OF SOUTH MIAMI
PUBLIC WORKS AND CENTRAL SERVICES
INVITATION TO QUOTE
LUMP SUM PROPOSAL
PROJECT:
South Miami
•
14rjt1
Tree Planting Initiative
NAME:
Maria Menendez, CMC
ADDRESS:
Various City Addresses
ADDRESS:
6130 Sunset Drive
CITY /STATE:
South Miami, Fl 3143
CITY /STATE:
Miami, Florida 33134
ISSUE DATE:
[Monday July 2, 2012, °;
PHONE:
305- 663 -6339
E -MAIL:
skulick @southmiamifl.gov
MANDATORY PRE -QUOTE MEETING:
DUE DATE:
Monday7uly92012 12:06 PM "
QUOTE SUBMISSION REQUIREMENTS:
All bidders must attend Mandatory Pre -bid Meeting (If Applicable) to submit a quote. Quotes submitted
after 12:00 PM on the due date will not be accepted unless otherwise specified in the quote document of a
time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendez, CMC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name:
Must input project name. If label does not have all information above your quote will not be accepted.
INSURANCE REQUIREMENTS:
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY):
The City of South Miami is seeking quotations from experienced and capable parties to provide and install oak trees
and maintain such trees for a one -year period within the City of South Miami City limits. The estimated quantity of oak
trees to be planted within a one -year period is fifty (50). Quantity of oak trees are estimated and should be used for
planning purposes only and is not a firm commitment.
NOTE: SEE ATTACED SCOPE OF SERVICES FOR FURTHER INFORMATION
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
Item Number Item Description Unit Qty Amount
1 Oak Trees per Scope of Services provided by the City of South Miami EA SO
LUMP SUM TOTAL'
contractor snail Turmsn an materials and equipment necessary to secure completion of the work. Contractor shall be
compensated according to the quote submitted. Field meeting shall be conducted at the site
on ,10 a.m.Contractor is responsible to secure all permits and reflected in the Lump Sum quote.
Contractor may choose to submit a quote on company letterhead but must be attached with this form.
Deadline to submit is Monday July 9, 2010 at 12:00 PM - Clerk's office at 6130 Sunset Drive, South Miami, F133143
Print/Type Name: Phone:
Signature: Date: 110 1i 1111— s
E-mail: f j C,)( ) `j Fax:
Firm Name: I F.E.I.N. No.:1
Address: "� City: 10"t State: P) _ a 1
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN
AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NONRESPONSIVE, THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT
WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE, THE CITY RESERVES THE RIGHT TO AWARD
THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST.
TREE PLANTING INITIATIVE
SCOPE OF SERVICES
INTRODUCTION
The City of South Miami is seeking quotations from experienced and capable parties to provide
and install oak trees and maintain such trees planted for a one -year period within the City of
South Miami City limits. The estimated quantity of oak trees to be planted within a one -year
(1) period is fifty (50). Quantities of trees listed are estimated and should be used for planning
purposes only and is not a firm commitment.
CITY
The City is a small municipality within Miami -Dade County, Florida. As of the Census of 2011,
the City's population was 11,657, a population change of 8.53% from the 2000 Census. Total
housing units increased by 16.09% to 5,174 over the 2000 — 2010 period.
The City is seeking proposals from qualified individuals or Companies (hereinafter referred to
as the "Contractor ") to provide the following services, but not limited to, specific trees,
installation and maintenance of such trees planted by the Contractor for a one -year period at
selected public right -of -way areas within the City limits. Refer to Exhibit #2, "City of
South Miami Boundaries and City Limits."
BACKGROUND
The City has implemented a Tree Planting Initiative that provides for the planting of fifty (50)
oak trees at selected property owners public right -of -way areas. City residents have been
solicited and those that have responded positively, will have an oak tree planted and maintained
for one -year in the right -of -way areas of their property. The City of South Miami is requesting
quotations for the purpose of issuing a Purchase Order with a Contractor to perform those
services to support the City's Tree Planting Initiative for a one -year period.
RESPONSIBILITIES OF THE PARTIES
Contractor:
Contractor shall provide an estimated quantity of oak trees, fifty (50) over a one -year
period. These quantities are estimates only and should be used for planning purposes
only and, are not a firm commitment. The Contractor shall plant oak trees, as directed
by the City, in specific right -of -way areas and maintain said oak trees for one year.
Maintain is defined as survival for the first six weeks from planting, or more as needed,
application of fertilizer and any all methods, including watering, that will maintain the
health of the oak tree for one year. All trees provided by the contractor shall be
warranted for one year.
Should the oak tree planted by the Contractor die or, is beyond reasonable health
during the one -year period, Contract shall replace the tree at no charge to the City. In
this case, Contractor will remove the unhealthy or dead tree, dispose of the tree as
appropriate and, and plant a replacement tree, as directed by the City, in or near the
same location. The City will make the sole determination should a tree or tree need to
be replaced. Trees replaced in this case, shall be warranted for one year and, the
Contractor shall maintain the tree during this time period and shall have the same
responsibility.
It is the responsibility of the Contractor to ensure there are no obstructions, power or
gas lines, underground cable and or phone lines, etc., in the right -of -way locations
designated for the planting of trees by the City. The City will indicate a general area
where the tree should be planted, however, the Contractor will have sole responsibility
for determining the exact location the tree or trees are to be planted.
All trees planted by the Contractor must adhere to "Exhibit #3 South Miami Land
Development Code 204.5, Section 3 and, "Exhibit #4 Miami -Dade County
Right of Way Landscaping Code Chapter 18B
City:
The City shall develop and maintain listings of right -of -way areas designated for the
planting of oak trees in accordance with the City's tree planting initiative. The City will
designate a Project Manager who will coordinate activities between the Contractor,
Residents and City for the implementation and completion of the Tree Planting
Initiative. Exhibit #5 Location Table of Tree Planting Areas," is a listing,
maintained by the City, that identifies the specific addresses and right -of -way areas
designated for tree planting. Note: The listing is subject to change.
The City shall not have any responsibility for the exact location the Contractor decides
to plant a tree. The City will assist the Contractor to coordinate with each respective
entity that may have underground structures in the right -of -way areas. For tree
replacement, the City will make the sole determination should a tree or tree need to be
replaced.
The City shall pay the Contractor the per oak tree amount on the first day of each
month in the amount of $ L -i _lo and calculated by the number of
trees planted within a month, (as set forth in the Contractor's bid, or the amount
negotiated with the City).
Exhibit # I
Insurance and Indemnification
I. Insurance and Indemnification
Without limiting its liability, the proposing firm shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types
and in the minimum amounts stated below as will protect the proposing firm, from
claims which may arise out of or result from the proposing firm's execution of a
contract with the City of South Miami for Performance Based Audits, whether such
execution by the firm or by any sub - consultant, or by anyone directly or indirectly
employed by any of them or by anyone for whose acts any of them may be liable.
The CONTRACTOR/COMPANY shall not commence WORK on this Agreement
until he has obtained all insurance required by the City. The
CONTRACTOR/COMPANY shall indemnify and save the City harmless from any and
all damages, claims, liability, losses and causes of actions of any kind or nature arising out
of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents,
representatives, employees, Sub - Contractor, or assigns, incident to arising out of or
resulting from the performance of the CONTRACTOR/COMPANY'S professional
services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims
and losses of any kind or nature whatsoever, in connection therewith, including the
City's attorney's fees and expenses in the defense of any action in law or equity brought
against the City arising from the negligent error, omission, or act of the
CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor,
or assigns, incident to, arising out of or resulting from the performance of the
CONTRACTOR/COMPANY'S professional services under this Agreement..
The CONTRACTOR /COMPANY agrees and recognizes that the City shall not be held
liable or responsible for any claims, including the costs and expenses of defending such
claims which may result from or arise out of actions or omissions of the
CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractors,
sub - contractors, or assigns. In reviewing, approving or rejecting any submissions or acts
of the CONTRACTOR/COMPANY, the City in no way assumes or shares
responsibility or liability of the CONTRACTOR/COMPANYS, Sub - Contractors, their
agents or assigns.
The CONTRACTOR/COMPANY shall maintain during the term of this
Agreement the following insurance:
A. Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability
providing for all sums which the CONTRACTOR/COMPANY shall become legally
obligated to pay as damages for claims arising out of the services or work
performed by the CONTRACTOR /COMPANY its agents, representatives, Sub-
Insurance and Indemnification May 21, 2012
Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance shall be maintained for four years
after completion of the construction and acceptance of any Project covered by this
Agreement. However, the CONTRACTOR/COMPANY may purchase Specific
Project Professional Liability Insurance, in the amount and under the terms specified
above, which is also acceptable.
B. Comprehensive general liability insurance with broad form endorsement, on a
Florida approved form including automobile liability, completed operations and
products liability, contractual liability, severability of interest with cross liability
provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate,
including:
• Personal Injury: $1,000,000;
• Medical Insurance $25,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence.
C. Umbrella Commercial General Liability insurance on a Florida approved form with
the same coverage as the primary insurance policy but in the amount of $2,000,000
per claim.
The City must be named as additional "named" insured for all except Workers'
Compensation, and reflect the indemnification and hold harmless provision
contained herein. Policy must specify whether it is primary or excess /umbrella
coverage. City must receive 10 days advance written notice of any policy
modification and 30 days advance written notice of cancellation, including
cancellation for non - payment of premiums. All insurance must remain in full
force and effect for the duration of the contract period with the City. The
CONTRACTOR /COMPANY must provide not only a "certified copy" of the
Binder but also the Policy itself with the name, address and phone number of
the agent and agency procuring the insurance.
D. Workman's Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
E. The policies except for Section 10 A shall con
City where applicable, shall expressly provide
primary over any other collective insurance that
the right at any time to request a copy of the
policies shall contain a " severability of interest"
obligation for premium payment of the City.
Insurance and Indemnification May 21, 2012
tain waiver of subrogation against
that such policy or policies are
City may have. The City reserves
required policies for review. All
or "cross liability " clause without
F. All of the above insurance required to be provided by the
CONTRACTOR/COMPANY is to be placed with BEST rated A -8 (A -VIII) or
better insurance companies, qualified to do business under the laws of the State of
Florida on approved Florida forms.
The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or
certificates of insurance to the City prior to the commencement of operations,
which "Binders" or certificates shall clearly indicate that the
CONTRACTOR/COMPANY has obtained insurance in the type, amount, and
classification as required for strict compliance with this Section and that no
reduction in limits by endorsement during the policy term, or cancellation of this
insurance shall be effective without thirty (30) days prior written notice to the
CITY.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR/COMPANY of his liability and obligations under this Section or
under any other portion of this Agreement.
CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance
to the City verifying the above - mentioned insurance coverage.
CONTRACTOR/COMPANY agrees to list City as an Additional Insured of the
CONTRACTOR/COMPANY's General liability insurance and shall provide the
City quarterly reports concerning any and all claims.
Insurance and Indemnification May 21, 2012
EXHIBIT #2
City of South Miami Boundaries and City Limits
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EXHIBIT #3
City of South Miami Land Development Code
20A05
Section 3
2045 - Landscaping and Tree Protection Requirements for All Zoning Districts.
(A)
Definition of Terms for Section 20 -4.5 Only. In constructing the provisions of Section 20 -4.5, where the
context will permit and no definition is provided in Section 20 -4.5 or in Section 20 -2.3 of the Land
Development Code of the City of South Miami, then the definitions provided in Chapter 24 and Chapter
33 of the Code of Metropolitan Dade County, Florida, and Chapter 403, Florida Statutes, as may be
amended from time to time, and in rules and regulations promulgated thereunder, as may be amended
from time to time, which relate to Section 20 -4.5, shall apply to Section 20 -4.5 only, except as otherwise
changed by the definition included in this subsection (A) as follows:
Accessways shall mean the maximum width of an accessway through the perimeter landscaped strip to
an off - street parking or other vehicular use area shall be determined according to the Public Works Manual, Part I,
Standard Details. No more than one (1) two -way accessway shall be permitted for any street frontage up to one
hundred (100) lineal feet, such standards to be applicable to any property under one (1) ownership. Where such
ownership involves over one hundred (100) feet of street frontage, one (1) additional two -way or two (2) additional
one -way drives may be permitted for each additional one hundred (100) feet of frontage or major fraction thereof.
The balance of such street frontage not involved with accessways shall be landscaped in accordance with the
provisions of Section 20 -4.5.
Affected tree shall mean any tree which shall be, or already has been, removed, relocated, or effectively
destroyed, thereby requiring a tree permit pursuant to Section 20 -4.5.
Automatic irrigation system shall mean an irrigation system with a programmable controller or timing
mechanism.
Bona fide agricultural activities shall mean land used for the growing of food crops, nurseries for the
growing of landscape material, the raising of livestock, horse farms, and other good faith agricultural uses, except
any portion of the property not eligible for agricultural exemption.
Bona fide agricultural purposes shall mean good faith commercial or domestic agricultural use of the
land. In determining whether the use of the land for agricultural purposes is bona fide, the following factors set forth
in Section 193.461, Florida Statutes (and as amended from time to time), though nonexclusive, shall be taken into
consideration:
(1)
(2)
(3)
(4)
The length of time the land has been so utilized;
Whether the use has been continuous;
The purchase price paid;
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;
(ti)
Whether such land is under lease and, if so, the effective date, length, terms, and conditions of
the lease; and
(7)
Such other factors as may from time to time become applicable.
Bona fide fruit grove shall mean a grove of fruit trees specifically planted to produce edible fruit for
commercial purposes or personal consumption by owner(s).
Botanical garden shall mean any publicly owned real property used for the cultivation of plants for display
or scientific research.
Buffer or perimeter landscape shall mean an area of land which is set aside along the perimeter of a
parcel of land in which landscaping is required to provide an aesthetic transition between different land uses and to
eliminate or reduce the adverse environmental impact, and incompatible land use impacts.
Caliper shall mean for trees under four (4) inches in diameter, the trunk diameter measured at a height of
six inches above natural grade. For trees four (4) inches and greater in diameter, the trunk diameter measured at
twelve (12) inches above natural grade.
Canopy shall mean those trees which constitute the tallest layer of foliage.
Canopy cover shall mean the aerial extent of the branches and foliage of a tree.
Canopy coverage shall mean the extent of ground within the drip line of a tree.
Clearance pruning shall mean pruning required to avoid damage or danger related to structures, power
distribution and property, as defined in the current ANSI 300 Standards.
Colonnade shall mean a roof or building structure, extending over the sidewalk, open to the street and
sidewalk, except for supporting columns or piers.
Common open space shall mean an area required as open space in this section or other sections of the
Land Development Code of the City of South Miami.
Controlled plant species shall mean those plant species listed in the Landscape Manual which tend to
become nuisances because of their ability to invade proximal native plant communities or native habitats, but
which, if located and cultivated properly, may be useful or functional as elements of landscape design.
Dade County Nursery Report shall mean a monthly, published bulletin listing availability of trees, prices of
trees, and stock of many major nurseries in Dade County which is prepared by the Florida Nurserymen and
Grower Association.
Developed land shall mean land upon which structures or facilities have been constructed.
Development shall mean any proposed activity or material change in the use or character of land,
including, but not limited to, the placement of any structure, utility, fill, or site improvement on land, and any act
which requires a building permit.
Diameter at Breast Height (DBH) shall mean diameter of a tree's trunk measured at a point four and one-
half (4'/2) feet above natural grade. In the case of multiple - trunked trees, the DHB shall mean the sum of each
trunk's diameter measured at a height four and one -half (4'/z) feet above natural grade.
Differential operation schedule shall mean a method of scheduling an irrigation system to apply different
quantities of water, and /or apply water at different frequencies as appropriate, for different hydrozones.
Dissimilar land uses shall mean proximate or directly associated land uses which are contradictory,
incongruous or discordant, such as high- density residential, intensive commercial or industrial uses located
adjacent to low- intensity uses.
Dominance shall mean the species or group of species having the largest total number of individuals in
the canopy and /or understory within a defined area.
Drip line shall mean an imaginary vertical line extending from the outermost horizontal circumference of a
tree's branches to the ground.
Dwelling, single- family shall mean a residential structure which is designed for, or occupied by, one (1)
"family ", as defined under Section 20 -2.3, Definitions.
Duplex dwelling shall mean a residential building designed for, or used as, the separate homes or
residences of two (2) separate and distinct families, but having the appearance of a single - family dwelling house.
Each individual unit in the duplex shall comply with the definition for a one "dwelling, single - family ".
Energy conversation zone shall mean a zone located no more than twenty -two (22) feet from a structure
in a 180 degree band from due east of the northeast point of the structure, to due south, to due west of the
northwest point of the structure.
Environmentally - sensitive tree resources shall mean a specimen tree, natural forest community, or any
other tree or trees that substantially contribute(s) to the aesthetics of an area, which are not exempted from these
permit requirements.
Existing development shall mean a site with structures that were legally approved through the issuance
of a Certificate of Use and Occupancy or a Certificate of Completion as of February 13, 1996.
Facultative shall mean plants with a similar likelihood of occurring in both wetlands and uplands, which
are not recognized indicators or either wetland or upland conditions.
Firebreak shall mean an area of bare ground no more than ten (10) feet in width in a forest which has
been created to prevent the spreading of wild fires.
Florida Number 1 Grade or equivalent shall mean the classification of the quality of a nursery plant as
published in Grades and Standards for Nursery Plants, Part II, Fla. Dept. of Agriculture and Consumer Services,
Division of Plant Industry.
Forbs shall mean herbaceous plants other than grasses.
Forest management plan shall mean a document which specifies techniques that will be implemented to
maintain and preserve an individual natural forest community.
Geologic feature shall mean a natural rock or mineral formation.
Gray water shall mean that portion of domestic sewage emanating from residential showers, residential
bathroom washbasins, or residential clothes washing machines.
Ground cover shall mean a dense, extensive growth of low- growing plants, other than turf grass, normally
reaching an average maximum height of not more than twenty -four (24) inches at maturity.
Hat - racking or Topping shall mean flat- cutting the top of a tree, severing the leader or leaders, or the
removal of any branch three (3) inches or greater in diameter at any point other than the branch collar.
Hazard pruning shall mean the removal of dead, diseased, decayed or obviously weak branches two (2)
inches in diameter or greater.
Heat island shall mean an unnaturally high temperature micro - climate resulting from radiation from
unshaded impervious surfaces.
Hedge shall mean a landscape barrier consisting of a continuous, dense planting of shrubs, not
necessarily of the same species.
Herbaceous plant shall mean a plant having little or no woody tissue.
Highway shall mean any public thoroughfare, including streets, designed for motor vehicles.
Hydromulch shall mean a sprayed application of seed, mulch and water.
Hydrozone shall mean a zone in which plant material with similar water needs are grouped together.
Included bark shall mean bark that is pushed inside a developing crotch, causing a weakened structure.
Irrigation detail shall mean a graphic representation depicting the materials to be used and dimensions to
be met in the installation of the irrigation system.
Irrigation plan shall mean a plan drawn at the same scale as the landscape plan, indicating location and
specification of irrigation system components and other relevant information as required by this ordinance.
Irrigation system shall mean a system of pipes or other conduits designed to transport and distribute
water to keep plants in a healthy and vigorous condition.
Landscape feature trellis, arbor, fountain, pond, garden, sculpture, garden lighting, decking, patio,
decorative paving, gazebo and other similar elements.
Landscape material shall mean plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees
and non - living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials.
Landscape plan shall mean a plan indicating all landscape areas, stormwater retention /detention areas,
areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retained,
proposed plant material, landscape legend, landscape features, planting specifications, and details, and all other
relevant information required in Section 20 -4.5.
Landscape replacement plan shall mean a drawing containing proposed tree removal, tree replacement
Planting, tree relocation, and preservation areas.
Lawn area shall mean an area planted with lawn grasses.
Manual irrigation system shall mean an irrigation system in which control valves and switches are
manually operated rather than operated by automatic controls.
Mixed use shall mean the approved use or occupancy of buildings or parcels for both residential and
nonresidential purposes in the same development or project.
Moisture and rain sensor switch shall mean a- devices with the ability to switch off an automatic irrigation
controller after receiving a determined amount of rainfall or moisture content in the soil.
Mulch shall mean non - living organic materials customarily used in landscape design to retard erosion,
weed infestation, and retain moisture, and for use in planting areas.
Multifamily residential development shall mean an approved residential dwelling, building or structure(s)
designed to be occupied by three (3) or more families.
Multiple single- family developments shall mean attached or detached single - family residential
developments that are planned as a total project and not as one single - family unit on one parcel, such as in
Planned Unit Development projects.
Native habitat shall mean an area enhanced or landscaped with an appropriate mix of native trees,
shrubs and ground cover species that resembles a native plant community or natural forest community in structure
and composition or is naturally occurring.
Native plant species shall mean a plant species with a geographic distribution indigenous to all or part of
Dade County. Plants
which are described
as being
native to Dade County in botanical manuals such as, but not
limited to, "A Flora of
Tropical Florida" by
Long and
Lakela and 'The Biology of Trees Native to Tropical Florida" by
P. B. Tomlinson, are
native plant species
within the
meaning of this definition. Plant species which have been
introduced into Dade
County by man are
not native
plant species.
Native plant community shall mean a natural association of plants dominated by one or more prominent
native plant species or characteristic physical attributes.
Natural grade shall mean the ground elevation of a property prior to the placement of any fill on the site.
Natural Forest Community shall mean all assemblages of vegetation designated as Natural Forest
Communities on
the Dade
County Natural Forest Community Maps
and approved by
the
Board of County
Commissioners,
pursuant
to Resolution No. R- 1764 -84 and further
defined in Section
24 -3
of the Dade County
Code.
Net lot area shall mean the area within lot boundaries of all lands comprising the site. Net lot area shall
not include any portion of the abutting dedicated streets, alleys, waterways, canals, lakes or any other such
dedications.
Nonviable shall mean not capable of existing and continuing to provide biological or aesthetic qualities
associated with a healthy, functioning tree resource.
One family dwelling shall mean a private residential building used or intended to be used as a home or
residence in which
all living
rooms are accessible to each other from within
the building and in which the use and
management of all
sleeping
quarters, all appliances for sanitation, cooking,
ventilation, heating or lighting are
designed for the use of one
family only.
Owner - builder shall mean (an) owner(s) in fee who construct(s) no more than one (1) single - family or
duplex residence per year for personal use and occupancy by said owner(s), and not intended for sale.
Overhead irrigation system shall mean a high pressure, high volume irrigation system.
Perimeter landscape or Buffer shall mean an area of land which is set aside along the perimeter of a
parcel of
land in which
landscaping is required
to provide an aesthetic transition between different land uses and to
eliminate
or reduce the
adverse environmental
impact, and incompatible land use impacts.
Planting detail shall mean a graphic representation of the plant installation depicting the materials to be
used and dimensions to be met in the placement of plants and other landscape materials.
Preservation area shall mean portions of a site that are to be protected from any tree or understory
removal (except as required by the City of South Miami) and maintained without any development.
Prohibited plant species shall mean those plant species listed in the Landscape Manual which are
demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety, and welfare.
Protective barriershall 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.
Root ball shall mean a group of roots extending from the base of a tree trunk that must be intact when
relocating a tree in order to promote tree.
Shrub shall mean a self- supporting woody perennial plant of low to medium height, normally growing to a
height of twenty -four (24) inches or greater, characterized by multiple stems and branches continuous from the
base.
Site plan shall mean a scaled, comprehensive drawing or set of drawings, which indicates site elevations,
roadways, rights -of -way, setbacks, easements and the location of all site improvements, including proposed and
existing buildings, all structures, parking areas, driveways, access roads, other paved areas, ingress and egress
drives, landscaped open space, signage and any other site development.
Specimen tree shall mean a tree with any individual trunk which has a DBH of eighteen (18) inches or
greater, provided, however, that the following trees are not specimen trees:
(1)
(2)
(3)
(4)
All trees listed in Section 20- 4.5(H)(5);
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;
Non - native species of the genus Ficus;
All multitrunk trees in the palm family, except Acoelorrhaphe wrightii and Phoenix reclinata
which have a minimum height of fifteen (15) feet.
Spray head shall mean an irrigation device which applies water to the soil or plant surface by fixed spray
or mist nozzles.
Stabilized lawn area shall mean area of ground underlain with structural support in the form of grass
pavers or stabilized soil prepared to withstand the load of intended vehicular use, such as automobiles, fire trucks,
and garbage trucks.
State of Florida Conservation and Recreation Lands Trust Fund shall mean a fund established under
Florida Statutes Chapter 375 (as amended from time to time) for the purposes of purchasing environmentally-
sensitive land.
State - Approved plant nursery shall mean a business actively engaged in propagating, growing,
maintaining, and selling tree species that has been licensed to conduct such business by the State of Florida or by
Dade County.
Stormwater retention /detention area shall mean an area designed, built and used for temporary storage
of stormwater. For purposes of this ordinance, these areas are intended to be permanently exempt from wetlands
regulations.
Temporary irrigation system shall mean a system including surface distribution elements (hose, pipe,
etc.) which may be removed when landscape is established.
Topping or Hat - racking shall mean the removal within a one (1) year period, of more than one -third of a
tree's living canopy, or the removal of any branch three (3) inches or greater in diameter at any point other than the
branch collar.
Tree shall mean a woody or fibrous perennial plant with a trunk having a minimum DBH of three (3)
inches or with an
overall
height of twelve (12)
or more feet. Tree shall not include any mangrove trees as defined in
Section 24 -3 (77)
of the
Code of Metropolitan
Dade County, Florida.
Tree abuse shall include:
(1)
Damage inflicted upon any part of a tree, including the root system, by machinery, construction
equipment, cambium layer penetration, storage of materials, soil compaction, excavation,
chemical application or spillage, or change to the natural grade.
(2)
Hatracking.
(3)
Girdling or bark removal or more than one -third (1/3) of the tree diameter.
LW)
Tears and splitting of limb ends or peeling and stripping or bark resulting from improper pruning
techniques not in accordance with the current ANSI A300 Standards.
Tree canopy cover (see canopy cover)
Tree removal shall mean directly or indirectly cutting down, destroying, removing or relocating, or
effectively destroying (through damaging, trimming, authorizing or allowing cutting down, destroying, removing,
moving or damaging of) any tree.
Tree Well shall mean a soil retaining structure designed to maintain the existing natural ground elevation
beneath a tree to preserve the tree when the surrounding area is filled to raise the ground elevation. Tree wells
shall have a minimum radius of three (3) feet from the trunk of the tree and a maximum radius of ten (10) feet from
the trunk of the tree.
Understory shall mean the complex of woody, fibrous, herbaceous, and graminoid plant species that are
typically associated with a natural forest community, native plant community, or native habitat.
Vegetation required to be preserved by law shall mean the portions of a site, including but not limited to,
Specimen Trees, Natural Forest Communities, and native vegetation which are clearly delineated on site plans,
plats, or recorded restrictions, or in some other legally binding manner, that are to be protected from any tree or
understory removal or effective destruction and maintained without any development.
Vegetation survey shall mean a drawing provided at the same scale as the landscape plan which
includes relevant information as required by this ordinance.
Vehicular use area shall mean a hard surface area designed or used for off - street parking and /or an area
used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of motor vehicles.
(B)
Vine shall mean a plant with a flexible stem which normally requires support to reach mature form.
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)
(2)
;K]l
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
Bona fide agricultural activities: Any property receiving an agricultural classification and
assessment pursuant to Section 193.461 of the Florida Statutes, substantiated by a plan
submitted indicating the area with the agricultural classification.
(4)
Existing development as defined in § 20- 4.5(A) shall only be required to comply with the street
tree requirements of § 20- 4.5(D)(3); however, the requirements of § 20- 4.5(D)(3) shall not apply
to existing attached and detached single - family and duplex dwellings, per § 20- 4.5(A)(1) above.
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 painting is considered an external alteration under other provisions of this Code and may require the
approval of the ERPB and /or a permit.
(C)
Landscape Requirements Submittals. All submitted landscape plans, irrigation plans, tree surveys and
other required submittals must meet with the approval of Planning Division, prior to issuance of permits
for paving, new parking areas, or expansion of existing parking areas.
(1)
Landscape Plans.
(a)
1001
Owner - builder Single Family or Duplex Dwelling: Landscape plans submitted for new
one family or duplex dwellings may be in the form of plot plans or drawings prepared
by the owner or the owner's representative, provided however, developments
requiring site plan review shall meet with the requirements of the section below and
with Chapter 481, Florida Statutes.
All Other Development: Landscape plans for development other than provided for
under (a) above, shall be prepared by, and bear the seal of, a landscape architect
licensed to practice in the State of Florida, or by persons authorized to prepare
landscape plans or drawings under Chapter 481, Florida Statutes. Preliminary
landscape plans shall be provided as part of the submission for site plan approval.
Such plans shall:
Be drawn to scale with dimensions and include property boundaries, north
arrow, graphic scale, and date;
Include a vegetation survey,
including
an aerial
photograph which outlines
the subject site, provided at
the same
scale as
landscape plan(s);
Delineate existing and proposed structures, parking spaces, and other
vehicular use areas, sidewalks, utilities, easements, height and voltage of
power lines on the property or adjacent properties;
iv.
Indicate the common and scientific name and quantity of plants to be
installed using "Landscape Legend" code format as prescribed by the
Miami -Dade County Director of the Department of Planning, Development
and Regulation, in accordance with the requirements of Section 20 -4.5;
V.
Identify all landscape features and non - living landscape materials;
vi.
Show all areas of vegetation required to be preserved by law, including but
not limited to trees, specimen trees, native plant species, natural forest
communities, native habitats and wetlands;
vii.
Illustrate geologic, historic and archeological features to be preserved;
viii.
Depict stormwater retention /detention areas and areas excluded from
maximum permitted lawn area;
ix.
Document zoning district, net lot area, required open space, and maximum
permitted lawn area;
0
Show building coverage and the location and dimension of greenbelt and
water areas proposed for business and industrial zones, as required in the
Land Development Code;
A
Complete "Preparer's Certification of Landscape Compliance. "Final
landscape plans submitted for permit shall include all of the above, as well
as the following:
xii.
A fully
completed,
permanently affixed "Landscape Legend"
as prescribed
by the
Director of
the Department of Planning, Development
and Regulation;
xiii.
Critical layout dimensions for trees, plant beds and landscape features;
xiv.
Method(s) to protect and relocate trees and native plant communities during
construction;
xv.
(2)
ME
Planting details and specifications;
xvi.
Irrigation plans, as may be required by the zoning district;
xvii.
Irrigation details and specifications, as required above; and,
xvi.
Notarized "Preparer's Certification of Landscape Compliance" at time of final
inspection.
Vegetation Survey.
(a)
A vegetation survey, as defined in § 20- 4.5(A), shall be provided for all sites at the
same scale as the landscape plan. The vegetation survey shall be accompanied by
an aerial photograph which outlines the subject site without obscuring its features.
The vegetation survey shall provide the following information:
i.
The accurate location and graphic representation, in relation to existing
development of all existing trees of a minimum two (2) inch DBH or ten (10)
foot height, or for native trees, of a minimum one and one -half (1 %) DBH or
eight (8) foot height, including those which are proposed to be removed,
relocated or preserved on site in accordance with the requirements of this
section;
The boundaries of any native habitat, native plant community, native plant
species, and /or Natural Forest Community and associated understory that
exists on site, as determined by the Miami -Dade County Department of
Environmental Resources Management [DERM]; and,
A table showing the following information:
a.
b.
C.
The scientific and common name of each tree, each of which shall
be numbered;
The diameter at breast height (DBH) of each tree, or if a multiple
trunk tree, the sum DBH for all trunks; and,
An estimate of
the height, canopy
cover,
and physical condition of
each tree, and
whether specimen
tree(s)
exist on the site.
(D)
Irrigation Plans. Irrigation plans shall be submitted, whenever a landscape plan is required.
(a)
For a new one family or duplex dwelling, the irrigation plan may be indicated on a plot
plan or a separate drawing prepared by the owner or the owner's agent indicating
area(s) to be irrigated, location and specifications of lines and heads, and pump
specifications.
(b)
All Other Development: Irrigation plans shall be submitted with the initial, master
building plans. Such plans shall:
i.
iv.
V.
vi.
Be drawn on a base plan to same scale as landscape plans(s);
Delineate landscape areas, major landscape features and plant material
zones (hydrozones), if applicable;
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;
Include water source, design operating pressure and flow rate per zone,
total volume required for typical depths of application, and application rate;
and,
Include locations of pipes, controllers, valves, sprinklers, back flow
prevention devices, and electrical supply.
Irrigation details.
Landscape Requirements County. The following standards shall be considered the minimum
requirements unless otherwise indicated:
(1)
Lawn area (turf).
(a)
1081
For all residential and mixed uses, lawn area shall be limited to a maximum of sixty
(60) percent of the required landscaped open space, as required in Section 20 -3.5. In
residential zoning districts where landscaped open space is not specified, lawn area
shall be restricted to a maximum of fifty (50) percent of the net lot area.
(c)
(d)
(2)
Irrigation.
(a)
(b)
(c)
For all office, commercial, and industrial uses, lawn area shall be limited to a
maximum of twenty (20) percent of the required landscaped open space, as required
in Section 20 -3.5. Where landscape open space is not specified, lawn area shall be
restricted to a maximum of twenty (20) percent of the net lot area less the area
covered by buildings. Very drought tolerant grasses and low growing native plant
species, including grasses and (orbs, as referenced in the Landscape Manual, may be
used as groundcover beyond the maximum permitted grass area.
Grass areas shall be planted
in species well adopted to localized growing conditions
in Dade
County. Grass areas
may
be sodded, plugged, sprigged, hydromulched, or
seeded,
except that solid sod
shall
be used in swales or other areas subject to
erosion.
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.
Exclusions from maximum permitted lawn areas:
iv.
Stabilized grass areas used for parking;
Grassed areas designated on landscape plans and actively used for sports,
playgrounds or picnic areas;
Grassed areas in the right -of -way; and,
Stormwater retention /detention areas planted in grasses which are very
drought tolerant, as referenced in the Landscape Manual, as well as tolerant
to wet soils.
All newly - planted and relocated plant material shall be watered by temporary or
permanent irrigation systems until such time as they are established.
Irrigation shall be prohibited within native plant communities and natural forest
communities, except for temporary systems needed to establish newly planted
material. Temporary irrigation systems shall be disconnected immediately after the
establishment of plant communities.
Irrigation systems shall be designed to conserve water by allowing differential
operation schedules based on hydrozone.
(d)
Irrigation systems shall be designed, operated, and maintained to not overthrow or
overflow on -to impervious surfaces.
(e)
Low trajectory spray heads, and /or low volume water distributing or application
devices, shall be used. Overhead irrigation systems shall only be permitted in
bonafide agricultural activity areas.
(f)
Gray water shall be used where approved systems are available.
(g)
During dry periods, irrigation application rates of between one (1) and one and one -
half (1 '/) inches per week are recommended for turf areas.
(h)
A moisture or rain sensor device shall be required on all irrigation systems equipped
with automatic controls.
Irrigation systems shall be timed to operate only during hours and on days permitted
in Chapter 32, Code of Miami —Dade County.
G)
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) Size and spacing. Street trees shall be of a species typically grown in Dade County which
normally mature to a height of at least twenty (20) feet. Street trees shall have a clear
trunk of four (4) feet, an overall height of twelve (12) feet and a minimum caliper of
two (2) inches at time of planting, and shall be provided along all roadways at a
maximum average spacing of thirty -five (35) feet on center, except as otherwise
provided in this Chapter. Street trees are not required when a colonnade open to the
public is located within four (4) feet of the edge of the roadway. Street trees shall be
placed within the Swale area or shall be placed on private property where
demonstrated to be necessary due to right -of -way obstructions as determined by the
Public Works Department or the appropriate authority within the municipality.
(b) The thirty -five (35) foot average spacing requirement for multiple single - family
units shall be based on the total lineal footage of roadway for entire projects and not
based on individual lot widths.
(c) Power lines. Where the height and location of overhead power lines require the
planting of low growing trees, street trees shall have a minimum height of eight (8)
feet, a minimum caliper of one and one -half (1 '/2) inches at time of planting, and shall
meet the following requirements:
i.
Single trunk trees clear of lateral branches to four (4) feet and /or multi -trunk
trees or tree /shrubs, as referenced in the Landscape Manual, cleared of
foliage to a height of four (4) feet.
ii.
A maximum average spacing of twenty -five (25) feet on center.
Maturing to a height and spread not encroaching within five (5) feet of
overhead power distribution lines.
iv.
Under high voltage (50kV and above) transmission lines installed
independent of underbuilt distribution lines, tree height and spread shall not
exceed the minimum approach distances specified in the current ANSI
(American National Standards Institute) Z133.1 Standards, as referenced in
the Landscape Manual.
(d) Palms. Palms which meet all of the following requirements shall count as a
required street tree on the basis of one (1) palm per tree.
i.
Minimum canopy of fifteen (15) feet at maturity.
Provided at an average maximum spacing of twenty -five feet (25) feet on
center.
Fourteen (14) foot minimum overall height or minimum caliper of four (4)
inches at time of planting.
It is provided however that queen palms (Syagrus romanzoffiana) shall not be allowed
as street trees. No more than thirty (30) percent of the minimum tree requirements
may be met by palms.
(e) Thirty (30) percent of the required trees and /or palms shall be native species.
(f) In order to prevent adverse environmental impacts to existing native plant communities, only
existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy minimum tree and native
plant requirements, except that Cabbage Palms which are rescued from government approved
(4)
(5)
donor sites, transplanted within the site, or commercially grown from seed shall be counted
towards the minimum tree and native plant requirements.
(g) When trees are planted within the right -of -way, the owners of land adjacent to the
areas where street trees are planted must maintain those areas, including the trees,
plants and sod, using pruning methods specified in this section. A covenant executed
by those owners is required, or a Special Taxing District must be created to maintain
these areas. Where the State, County, or municipality determines that the planting of
trees and other landscape material is not appropriate in the public right -of -way, they
may require that said trees and landscape material be placed on private property.
(h) Where trees are planted on private property, they shall be placed within seven (7)
feet of the edge of the dedicated right -of -way or within seven (7) feet of the edge of
the roadway and /or inside edge of a sidewalk on private roads.
(i) Consideration shall be given to the selection of trees, plants and planting site to avoid
serious problems such as clogged sewers, cracked sidewalks, and power service interruptions.
Q) Street trees are not required when a colonnade open to the public is located within four (4)
feet of the edge of the roadway.
(k) Street trees in the Hometown District overlay shall be located per the street tree
requirements set forth under Section 20 -7.
Shading Requirements for Structures and A/C Units. Trees shall be planted to provide shade to
residential structures that are thirty -five (35) feet in height or less. At least two required lot trees
shall be positioned in the energy conservation zone as defined herein. All exterior air
conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees
and /or shrubs, as referenced in the Landscape Manual.
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)
(b)
Tree size: All trees, except street trees, and trees located beneath power lines shall
be a minimum of ten (10) feet high and have a minimum caliper of two (2) inches at
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 caliper of one
and one -half (1'/2) inches at time of planting.
Minimum number of trees: The minimum number of trees required under Section 20-
4 5 fnr lanrNrana nlan si ihmittals shall ha as fnllmAm-
Zoning Districts (and proposed districts)
No. of Trees
Required per Net Acre or Lot
RS -1, RS -2
9 trees per acre of net lot area
RS -3, RS -4
3 per lot
RT -6, RT -9, RM -18, RM -24, R0, LO, MO
28 trees per
acre of net lot area
NR, SR, GR, PI, H, Mixed Use, TODD, CRO
22 trees per
acre of net lot area
I (Intensive)
115 trees per
net acre of lot area
(c)
1U]
(e)
(f)
(g)
(h)
G)
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.
In addition to the number of trees indicated in Table A, additional trees (street trees)
may be required as provided in the previous sub - section, entitled Street Trees.
Grassed areas to be used for organized sports as football, soccer or other similar
sports or playgrounds, that are clearly identified on landscape plans shall not be
counted toward calculating tree requirements.
Palms of a ten (10) foot minimum overall height or minimum caliper of three (3) inches
at time of planting shall count as a required tree on the basis of two (2) palms per
tree, except as provided herein for palms used as street trees. No more than thirty
(30) percent of the minimum tree requirements may be met by palms.
Prohibited and controlled tree species shall not be counted toward fulfilling the
minimum tree requirements. Prohibited trees shall be removed from the site.
Thirty (30) percent of the required trees and /or palms shall be native species.
In order to prevent adverse environmental impacts to existing native plant
communities, only existing Sabal Palmettos (Cabbage Palms) shall be used to satisfy
minimum tree and native plant requirements, except that Cabbage Palms which are
rescued from government approved donor sites, transplanted within the site, or
commercially grown from seed shall be counted towards the minimum tree and native
plant requirements.
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)
(7)
(8)
(9)
(10)
Shrubs and Hedges minimum standards for size, number and variety.
101
(b)
(c)
1Ul
Shrubs shall be provided at a ratio of ten (10) per required tree. All shrubs shall be
minimum of eighteen (18) inches in height when measured immediately after planting.
When used as a visual screen, buffer, or hedge, shrubs shall be planted, as required
under §20- 4.5(D) and §20- 4.5(E), at a maximum spacing of thirty (30) inches on-
center, or if planted at a minimum height of thirty -six (36) inches, shall have a
maximum, average spacing of forty -eight (48) inches on- center and shall be
maintained so as to form a continuous, unbroken, and solid visual screen within a
maximum of one year after time of planting.
Shrubs and hedges shall not be necessarily of the same species.
Thirty (30) percent of shrubs and hedges shall be native species.
Vines minimum standards for size and uses. Vines shall be a minimum of twelve (12) inches in
length immediately after planting and may be used in conjunction with fences, screens, or walls
to meet physical barrier requirements as specified. Planting of perimeter walls with vines is
recommended as a deterrent to painting of graffiti.
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.
Mulch minimum standards for depth and required use.
(a)
(b)
(c)
Weed -free mulch shall be applied and maintained in a minimum three (3) inch layer
under and around all trees and shrubs, and in a minimum two (2) inch layer under and
around all ground cover.
The use of mulch shall be restricted to planting areas.
Cypress mulch shall not be used because its harvest degrades cypress wetlands.
Buffers Between Dissimilar Land Uses additional requirements.
(a)
(11)
(12)
(13)
(b)
(c)
Additional Requirement for Six -Foot Screening: Where dissimilar land uses exist on
adjacent properties, and where such areas will not be entirely visually screened by an
intervening building or structure from abutting property, that portion of such area not
so screened shall be provided with a buffer consisting of a six (6) foot wall or fence
with a life expectancy of at least ten (10) years, or shrubs which normally grow to a
minimum height of six (6) feet.
Increased Standards for Hedge Size /Spacing: Where chain link fencing is permitted,
shrubs shall also be required. 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, or a minimum of thirty -six (36) inches in height at time
of planting and planted at a maximum average spacing of forty -eight (48) inches on
center. Said buffer shall form a continuous screen between the dissimilar land uses
within one (1) year after planting.
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.
Parking Lot Buffers. All parking lots adjacent to rights -of -way or private streets shall be
screened by a continuous planting and /or three (3) foot high wall with a seven (7) foot
landscaped strip incorporating said planting and /or wall on private property. Planting material at
time of planting shall be either a minimum height of eighteen (18) inches, with a maximum
average spacing of thirty (30) inches on center or a minimum height of thirty -six (36) inches with
a maximum average spacing of forty -eight (48) inches on center.
Landscaped Areas in Parking Lots to exceed open space requirements.
(a)
Ten (10) square feet of landscaped area per parking space shall be provided within a
parking lot. In order to maximize the distribution of shade, trees shall be planted
throughout the interior of the parking lot at a minimum density of one tree per eighty
(80) square feet of landscaped area, exclusive of parking lot buffers. Planting areas
for each tree shall have a minimum width of five (5) feet, exclusive of the curb
dimension, and shall be planted or covered with other landscape materials.
(b)
This requirement is in addition to applicable required open space. Planting areas shall
be a minimum of twenty -five (25) square feet.
Plant Quality minimum standards.
(a)
(b)
All plants installed shall conform to, or exceed, the minimum standards for Florida
Number One as provided in the most current edition of "Grades and Standards for
Nursery Plants, Part I and II," prepared by the State of Florida Department of
Agriculture and Consumer Services.
Trees installed pursuant to this section shall
have
one primary
vertical
trunk and
secondary branches free of included bark up
to a
height of six
(6) feet
above natural
grade.
(14)
Prohibitions.
(a)
(15)
(b)
(c)
(d)
Prohibited Plant Species shall not be planted and shall be removed from any site
which is subject to the requirements of this ordinance.
Controlled Plant Species shall not be planted within five hundred (500) feet of a
Natural Forest Community or native habitats as defined herein.
West
Indian
Mahogany
(swietenia
mahagoni) shall not be planted within five hundred
(500)
feet of
a rockland
hammock
or pine rockland.
Tree Abuse is prohibited. Abused trees shall not be counted toward fulfilling the
minimum tree requirements.
Pruning Trees shall be pruned in the following manner:
Lai
(b)
(c)
(d)
(e)
All cuts shall be clean, flush and
at junctions, laterals
or crotches. All
cuts
shall be
made as close as possible to the
trunk or parent limb,
without cutting
into
the branch
collar or leaving a protruding stub.
Removal of dead wood, crossing branches, weak or insignificant branches, and
suckers shall be accomplished simultaneously with any reduction in crown.
Cutting of
lateral
branches
that
results in
the
removal of more than
one -third of all
branches
on one
side of a
tree
shall only
be
allowed if required for
hazard reduction or
clearance pruning.
Lifting of branches or tree thinning shall be designed to distribute over half of the tree
mass in the lower two- thirds (2/3) of the tree.
(E)
(16)
(0
No more than one -third (1/3) of a tree's living canopy shall be removed within a one
(1) year period.
Trees shall be pruned according to current ANSI A300 Standards and the Landscape
Manual.
Stormwater Retention /Detention Areas.
(a)
(b)
(c)
(d)
Stormwater retention /detention areas shall be designed to maximize the perimeter
dimension, where feasible.
Stormwater retention /detention areas shall be planted throughout with native
herbaceous facultative plants, with the following exceptions:
i.
In areas that are designated and actively used for play and /or picnic areas,
overflow parking, or sports shall be planted with grasses which are very
drought tolerant, as referenced in the Landscape Manual, as well as tolerant
to wet soils.
In areas where the minimum required stormwater retention capacity would
be adversely affected.
The minimum required number of native herbaceous facultative plants shall be one
plant per square foot of retention /detention area, including the slope. Minimum
required herbaceous plant container size shall be one and one -half (1 '/) inches,
commonly referred to as a liner. Sprigging, seeding, plugging, hydro - mulching or
sodding with native herbaceous facultative plants grown from local seed sources may
be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to
present a finished appearance and reasonably complete coverage within one (1) year
after planting.
Native facultative trees or shrubs may be used in lieu of native herbaceous facultative
plants, provided that the minimum required stormwater retention capacity is not
adversely affected.
Landscape Requirements City Standards for Parking Lot Areas. All vehicular use areas, except those
which are located within or beneath structures and those serving single - family or two- family residential
uses, shall conform to the minimum landscaping requirements of this sub - section.
To ensure that required landscaping in vehicular use areas is used to its greatest potential in relieving the
monotony of and insuring circulation safety within such areas, the following standards are set forth:
(1)
(2)
Interior Improvements.
(a)
1001
When the interior of any vehicular use area is designed for purposes other than off -
street parking, such as a service station, drive -in banking or drive - through retailing, an
area or combination of areas equal to not less than ten (10) per cent of the total
vehicular use area, exclusive of perimeter landscape buffers, shall be devoted to
interior landscaping.
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:
Curbed terminal islands shall be located at both ends of rows of contiguous
spaces. Such islands shall be not less than five (5) feet in width and extend
the entire length of the spaces. Each terminal island shall have at least one
(1) tree for every ninety (90) square feet of area, or portion thereof, and be
covered with grass or ground cover as needed to meet requirements under
§ 20- 4.5(D) (1).
Curbed interior islands, which measure not less than five (5) feet in width
and extend the entire length of the parking space, shall be located within
rows of contiguous spaces. There shall be at least one (1) interior island for
every eight (8) spaces within each row. Interior islands shall be placed at
intervals of not less than six (6) nor more than ten (10) spaces, but shall not
be required in rows containing six (6) contiguous spaces or less. Each
interior island shall have at least one (1) tree for every ninety (90) square
feet of area, or portion thereof, and be landscaped with grass or ground
cover as needed to meet requirements under § 20- 4.5(D) (1).
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.
Triangles of Visibility.
(a)
All landscaping within
required Triangles
of Visibility, as defined in §
20- 3.6(G),
shall
provide unobstructed
cross - visibility at a
height of between three
(3)
and six (6)
feet.
(F)
(3)
(b)
(c)
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.
No landscaping elements, except for grass or ground cover, shall be located within
three (3) feet of any accessway.
Wheel Stops (Bumpers) Required in Landscaped Parking Lot Areas.
(a)
Landscaped areas shall be protected from the overhang of parked vehicles. Where
such protection is necessary, reinforced concrete wheel stops or an approved
continuous curbing of not less than five (5) inches in height shall be installed to
prevent such overhang.
(b)
(c)
Concrete
wheel stops shall
be permanently
anchored to the ground and located not
less than
thirty (30) inches
from landscaped
areas.
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.
Landscape Plans Review Criteria. Landscape plans shall be reviewed by the Planning Division in
accordance with the following goals and objectives, and the guidelines and illustrations provided in the
Landscape Manual [published by Metropolitan Dade County, Florida].
(1)
(2)
(3)
Landscape design shall enhance architectural features, relate structure design to the site,
visually screen dissimilar uses and unsightly views, reduce noise impacts from major roadways
and incompatible uses, strengthen important vistas and reinforce neighboring site design and
architecture.
Existing specimen trees, native vegetation (including canopy, understory, and ground cover)
and Natural Forest Communities shall be preserved to the maximum extent possible and all
requirements of § 20- 4.5(H) through (L).
In order to conserve water, reduce maintenance, and promote plant health, plant species shall
be selected and installed based on their water needs, growth rate and size, and resource
inputs. Plants with similar water needs shall be grouped in hydrozones. Adequate growth area,
based on natural mature shape and size shall be provided for all plant materials.
(G)
(4)
The plan shall include the use of native plant species in order to reestablish an aesthetic
regional quality and take advantage of the unique diversity and adaptability of native species to
the environmental conditions of South Florida. Where feasible, the re- establishment of native
habitats shall be incorporated into the landscape plan.
(5)
(6)
Trees and shrubs shall be planted in the energy conservation zone where feasible, in order to
reduce energy consumption by shading buildings and shall be used to reduce heat island
effects by shading paved surfaces.
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.
Special attention shall be given to the use of appropriate species located under or adjacent to
overhead power lines, near native plant communities, and near underground utility lines.
Adequate growth area shall be provided for all plant materials.
(8)
(9)
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).
Historic landscapes and landscape features designated by the local, State, or the Federal
government shall be preserved.
Certificate of Compliance Required Adjustment to Requirements Permitted.
(1)
(2)
A Preparer's Certification of Landscape Compliance bearing the original letterhead of the
designing firm and licensing number shall be submitted to and approved by the Planning
Division, prior to issuance of any final Certificate of Occupancy, Certificate of Use and
Occupancy or Certificate of Completion. The Preparer's Certification of Landscape Compliance
shall contain a statement, signed and sealed by the landscape architect or by person(s)
authorized to prepare plans by Chapter 481, Florida Statutes, who prepared the approved
plans, that the landscape and irrigation plans have been implemented and that all requirements
of Section 20 -4.5 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.
l
(4)
(5)
(6)
M
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).
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.
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.
If any tree or plant
dies which is being used
to satisfy current
landscape code requirements,
such tree or plant shall be replaced with the
same landscape
material or an approved substitute
within 60 days of a
complaint.
The Planning Division shall withhold approval of a final landscape inspection prior to issuance
of the final Certificate of Occupancy, Certificate of Use and Occupancy, or Certificate of
Completion until a Preparer's Certification of Landscape Compliance has been approved by the
Division.
The Environmental Review & Preservation Board [E.R.P.B.] may adjust the requirements of
Sections 20 -4.5 (D) & (E) under the following procedures:
(a)
;u]
(c)
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.
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.
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
(H)
(d)
would not be contrary to the public interest and would be in keeping with and would
preserve the intent of Section 20 -4.5.
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.
Tree Removal Permit Applicability.
(1)
(2)
(3)
(4)
(5)
It shall be unlawful for any person, unless otherwise permitted by the terms of Section 20 -4.5,
to do tree removal work or to effectively destroy any tree, or to effectively destroy any
understory in a Natural Forest Community, without first obtaining a permit from the City of South
Miami.
The effective destruction of trees designated to be planted, preserved, or relocated under
Section 20 -4.5 (D) & (E) shall not be permitted.
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.
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.
The following activities are EXEMPT from tree removal permits:
(a)
(b)
Removal of trees within the yard area of an existing single - family residence, provided
the trees are not within a Natural Forest Community, and are not specimen trees. This
exemption does not apply to trees which are growing on public rights -of -way adjoining
existing single - family residences;
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,
The lot is being developed as the principal residence of the owner - builder;
and,
The lot is not within an area designated as a natural forest community; and,
(d)
(e)
(f)
Iv.
The trees are not specimen trees.
Removal of any dead tree;
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;
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;
Removal of any of the following tree species:
iv.
V.
vi.
vii.
viii.
Melaleuca quinquenervia (cajeput or paperbark tree);
Casuarina spp. (Australian pine, beefwood);
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;
Bischofia javanica (bishopwood);
Ricinus communis (castorbean);
Psidium guajava (guava);
Albezzia lebbek (woman's tongue);
Acacia auriculaeformis (earleaf acacia);
(g)
(h)
G)
(k)
ix.
X.
xi.
Schefflera actinophylla (Queensland Umbrella Tree);
Araucaria heterophylla (Norfolk Island Pine); and,
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.
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;
Removing, trimming, cutting, or altering
of any mangrove tree
or
removal
of any tree
located upon land which is wetlands as
defined in Section 24 -3,
Code of
Metropolitan
Dade County, Florida;
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;
Any mortgagee with respect to property upon which any violation of these provisions
has occurred shall not be liable for such violation unless, prior to said violation, said
mortgagee has foreclosed upon said property or participated in the management or
control of said property, or unless said mortgagee has effected or caused violations of
Section 20 -4.5 occurring on said property.
Any action which occurred prior to February 21, 1989, shall not constitute a violation
of Section 20 -4.5 (H) through (L).
Tree Removal Permits — Submittals.
(1)
Tree removal permits are required for the removal or relocation of any tree not specifically
exempted under § 20- 4.5(H)(5). The Planning Division shall provide permit application forms
which shall be used by applicants.
(2)
An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If
the applicant is a lessee or agent of the owner, a statement from the owner indicating that the
owner has no objection to the proposed tree removal shall be submitted with the application.
(3)
(4)
The permit applicant shall submit to the Planning Division:
(a)
(b)
(c)
(d)
A completed tree removal permit application form; and,
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,
Two copies of a tree survey as defined in § 20- 4.5(A); OR,
Two copies of a tree survey prepared by a landscape architect, architect or an
engineer registered in the State of Florida, if the submitted site plan (above) does not
provide sufficient information to determine which trees will be affected by proposed
development.
The Planning Division may deny an application, or approve an application and issue a permit
(subject to conditions, limitations or restrictions), for the activity proposed under the permit
application, provided that:
(a)
A completed application is submitted and the permit fee is paid;
(b)
All required plans or covenants are submitted and are in compliance with the
standards in Section 20 -4.5;
(c)
All plans clearly specify conditions, limitations and restrictions required, and that the
permit applicant acknowledges, understands and fully agrees to comply with all said
conditions, limitations or restrictions by signing the permit prior to its issuance; and,
(d)
(J)
(5)
(6)
A performance bond, if required by the Planning Director, is posted:
iv.
The Planning Director may require the posting of a performance bond to
guarantee compliance with all conditions, limitations, and restrictions of the
tree removal permit, including, but not limited to, planting of all required
replacement trees.
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.
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.
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.
All tree removal permit applications which remain incomplete for a period of one hundred
twenty (120) days shall be denied. A new tree removal permit application shall be required for
all work previously proposed under a permit application which has been denied. Approved
permits shall expire if work, as specified, is not commenced within six (6) months of issuance.
Any permits related to a Natural Forest Community shall be approved by the Metro -Dade
County Department of Environmental Resource Management [DERM].
Tree Removal Permit Replacement Standards.
(1)
Permit review and applicable sub - sections.
(a)
(b)
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;
(2)
(c)
(d)
(e)
On receipt of completed permit applications, the Planning Division shall determine
whether the site contains any portion of a Natural Forest Community, trees subject to
protection, or specimen tree (s);
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];
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,
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.
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: Determining impact area of proposed project. The area of existing canopy coverage
which will be affected (impact area) by the applicant's proposed development shall be
determined by the Planning Division based on review of the submitted site plan and tree
removal permit application form.
Step 3: Determining number of replacement trees required. The total number of trees required
for replacement shall be based on the area of impact and category of replacement tree selected
by the applicant. Each replacement tree shall compensate for a portion of the tree canopy lost
in the impact area, and the following table shall be used as a standard for determining the
reauired number of replacement trees
Category of Replacement Tree (See Step 6 below
for explanation)
Portion of Impact Area for which Each Replacement
Tree Compensates
Shade Tree 1
500
square
feet
replacement
area
Shade Tree 2
300
square
feet
replacement
area
Palm Tree 1
300
square
feet
replacement
area
Palm Tree 2
100
square
feet
replacement
area
Small Tree
200
square
feet
replacement
area
(a)
1061
(c)
(d)
(e)
Any combination of shade trees, palm trees, or small trees is acceptable as
replacement, provided the total number of trees from all replacement categories
compensate for the lost canopy.
In the event that
a replacement tree actually has
more canopy coverage at the
time of
planting than the
amount of credit allowed under
the tree replacement formula
above,
then the applicant shall receive full credit for the actual canopy coverage provided by
the replacement tree at the time of planting.
The applicant shall submit a list of proposed replacement trees.
When replacement canopy area exceeds ten thousand (10,000) square feet,
replacement shall be described in a landscape replacement plan which shall meet the
minimum requirements of § 20- 4.5(J) (4), and no tree removal permit shall be issued
until said plan has been approved by the Planning Division.
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 Planning Division, then the applicant
shall be required to plant replacement trees at an off -site location subject to Planning Division
approval, or, as a last alternative, shall provide a contribution to Account No. 219.355, Tree
Trust Fund, to compensate for those replacement trees which cannot be accommodated on
site.
Step 5: Minimum species diversity standards. When more than ten (10) trees are required to be
planted, in accordance
with provisions of §
20 -4.5 (J), a
diversity of species
shall be required.
The number of species
to be planted shall
be based on
the overall number
of trees required.
The applicant shall be required to meet the followina minimum diversitv standards:
Required Number of Trees
Minimum Number of Species
11 -20
2
21 -50
4
51 or more
6
(a)
When native
trees are
removed, then all replacement trees shall be native
species;
otherwise, a
minimum
of fifty (50) percent of all replacement trees planted
shall be
native to Dade County.
RJ
(3)
Permittees shall not be required to
plant in excess
of
six (6) species. The number of
trees of each species planted shall
be proportional
to
the number of species required.
(c)
Specimen Trees. The standards to be applied in reviewing tree removal permit applications
involving specimen trees are as follows:
(a)
Specimen Tree Preservation. Specimen trees shall be preserved whenever
reasonably possible, and, upon receipt of an application to remove (a) specimen
tree(s), the Planning Division shall consider the following factors in evaluating said
application:
i.
As an alternative to the minimum species diversity required herein, an applicant may
propose an alternative species diversity in an alternative landscape enhancement
plan described in § 20- 4.5(J) (5).
Step 6:
Minimum standards for replacement trees. The Planning Division maintains a list of
species
for each category of replacement tree; and, this list may be amended from time to time.
All replacement
trees shall have a minimum quality as required for a Florida No. 1 grade or
better.
Replacement tree heights shall be determined by the overall height measured from
where
the tree meets the ground to the top -most branch, frond or leaf.
(a)
All category 1 replacement shade trees shall be a minimum of twelve (12) feet in
height at the time of planting and at maturity should have a canopy coverage of five
hundred (500) square feet under normal growing conditions.
(b)
All category 2 replacement shade trees shall be a minimum of eight (8) feet in height
at the time of planting and at maturity should have a canopy coverage of five hundred
(500) square feet under normal growing conditions.
(c)
All category 1 replacement palm trees shall be a minimum of ten (10) feet in height at
the time of planting and at maturity should have a canopy coverage of three hundred
(300) square feet under normal growing conditions.
(d)
All category 2 replacement palm trees shall be a minimum of three (3) feet in height at
the time of planting and at maturity should have a canopy coverage of one hundred
(100) square feet under normal growing conditions.
(e)
All small trees shall be a minimum of six (6) feet in height at the time of planting and
at maturity should have a canopy coverage of two hundred (200) square feet under
normal growing conditions.
Specimen Trees. The standards to be applied in reviewing tree removal permit applications
involving specimen trees are as follows:
(a)
Specimen Tree Preservation. Specimen trees shall be preserved whenever
reasonably possible, and, upon receipt of an application to remove (a) specimen
tree(s), the Planning Division shall consider the following factors in evaluating said
application:
i.
(b)
(c)
d)
e)
iv.
V.
vi.
Size and configuration of the property;
Size and configuration of any proposed development;
Location of the tree relative to any proposed development;
Whether or not the tree can be preserved under the proposed plan or any
alternative plan;
Health, condition and aesthetic qualities of the tree; and,
Whether the tree poses a threat to persons or property.
Alternate plans. If, after review of above, the Planning Division determines that (a)
specimen tree(s) cannot reasonably be preserved under a proposed plan, then the
applicant shall provide an alternate plan, which shall include preservation of the
specimen tree(s) and design alternations consistent with the scope and intent of the
initially - proposed plan. These alterations may include, but shall not be limited to:
i.
An adjustment of building orientation on a site; and,
An adjustment of lot lines within a site proposal for more than one lot when
the adjustment will not cause unreasonable loss of usable space. An
applicant shall have the burden of proof in the determination of what
constitutes an unreasonable loss of usable space.
Specimen tree relocation. If preservation of the specimen tree(s) and any alternate
design consistent with the scope and intent of the initial plan are mutually exclusive,
then the Planning Division may issue a permit to relocate the specimen tree(s). If a
tree removal permit requires relocation, then the applicant shall be required to
relocate the tree in accordance with the standards in § 20 -4.5 (K).
Removal of specimen trees. If relocation of the specimen tree(s) is not feasible due to
the size, health, location, species or any other factor, then a permit may be issued for
the removal of the specimen tree(s), and tree replacement shall be required.
Replacement requirements for specimen trees. As a condition of the issuance of a
tree removal permit for the removal of specimen trees, tree replacement requirements
(4)
(f)
(g)
shall be twice those specified for the replacement of non - specimen trees under § 20-
4.5(J) (2).
Fee. In the event that replacement is not feasible on site, then alternative off -site
replacement shall be required, or, as a last alternative, there shall be a contribution to
Account No. 219.355, Tree Trust Fund, for the full value of replacement trees.
Exemptions from specimen tree replacement requirements. Applicants may be
exempt form the replacement requirements above, but subject to the tree replacement
requirements contained in § 20- 4.5(1) (2), under the following circumstances:
i.
Upon submittal of a statement from a landscape architect registered in the
State of Florida which indicates that a specimen tree, due to disease,
condition, growth habit or any other reasonable botanical factor, does not
provide the aesthetic or environmental contribution associated with a
specimen tree. Said statement shall include the specific reasons(s) for the
claimed exemption from these provisions;
When preservation of the specimen tree would cause a foreseeable risk to
property; or,
When a site contains more than one (1) specimen tree, and fifty (50) percent
or more of the existing specimen trees and at least fifty (50) percent of the
existing specimen tree canopy area is preserved.
Landscape Replacement Plan. Landscape replacement plans may be required under the
provisions contained in § 20- 4.5(J) (1). All landscape replacement plans shall be submitted by
the applicant and must meet the following minimum standards:
(a)
(b)
(c)
The number of trees, number of species of trees, and size of trees proposed for
planting shall be consistent with § 20- 4.5(J) (2) & (3);
The site plan shall include proposed replacement locations for all tree replacements
and relocations, and all property lines, proposed and existing structures, driveways
and utility easements; and,
The canopy spread of any tree that is proposed for preservation shall be shown on
the plan. Where a portion of the canopy of a tree or trees shall be removed without
removal of the tree(s), a notation shall be made on the plan indicating the situation
and canopy area.
(5)
Alternative Landscape Enhancement Plan. Instead of replacing all affected trees pursuant to
provisions contained in § 20- 4.5(J) (2) & (3), an applicant may propose to relocate existing
trees or propose a unique project design which provides reasonable assurance that the project
complies with the intent to maintain tree canopy.
Replacement credit may be granted for planting shrubs or ground covers, based upon the
following table, provided, however, that a minimum of fifty (50) percent of the required canopy
replacement is achieved by using shade trees and palm trees as required under § 20- 4.5(J) (2)
& (3).
Category of Tree Alternative Shrub or
Ground Cover
Portion of Impact Area for which Each Shrub /Ground Cover
Compensates
Shrub 1 (including small palms)
60 square feet replacement area
Shrub 2/ Ground Cover
30 square feet replacement area
(a)
(b)
(c)
(d)
All category 1 shrubs shall be a
minimum of two (2) feet
in height at the time
of
planting and at maturity should
have a canopy coverage
of sixty (60) square
feet
under normal growing conditions.
All category 2
shrubs
and ground
covers shall have
a root
system sufficient to
sustain
growth at the
time of
planting and
at maturity should
have
a canopy coverage
of ten
(10) to twenty (20) square feet under normal growing conditions.
The applicant shall have the burden of demonstrating that a design meets the intent of
§ 20- 4.5(J) (2) & (3). At a minimum, an alternative landscaping enhancement plan
shall include, without limitation:
A sealed statement, prepared by a landscape architect, registered in the
State of Florida, which indicates that the intent of § 20- 4.5(J) (2) & (3) can
be effectively met through the submission of the alternative design; and,
A site plan, prepared by said landscape architect, registered in the State of
Florida, that includes the proposed location, scientific name or description of
vegetation to be preserved or planted, property lines, proposed and existing
structures, driveways and utility easements; and,
A tabulation that identifies any deviations from the requirements of § 20-
4.5(J) (2) & (3) and explicitly provides tree replacement alternatives.
The Planning Division may approve an alternative landscape enhancement plan
when:
(K)
The design preserves and incorporates existing vegetation; and,
The design exceeds the minimum requirements or equivalent of § 20- 4.5(J)
(2) & (3).
Tree Removal Permit Relocation Standards. The relocation of any tree that is subject to the provisions of
Section 20 -4.5 shall be consistent with the following minimum standards:
H
Trees other than palms:
I0;
(u1
(c)
(d)
(2)
Palms:
(a)
(b)
(3)
lei
Tree roots shall be severed in such a manner as to provide a root ball which is
sufficient to ensure survival of the tree when relocated. A sufficiently -sized planting
hole shall be provided at the relocation site to ensure successful re- growth;
After root severing, adequate time shall be allowed prior to replanting to ensure
survival of the tree(s). After root severing and prior to relocation, tree(s) shall be
watered a minimum of twice weekly; and, after relocation, said tree(s) shall be
watered a minimum of twice weekly until the tree(s) are established;
During removal and transportation of the tree, the root ball and vegetative portions of
the tree shall be protected from damage from wind or injury; and,
Any tree that dies or becomes nonviable within one (1) year of relocation shall be
replaced according to the standards set forth in § 20- 4.5(J) (2) & (3).
A ball of earth at least one (1) foot from the base of the trees shall be moved with the
tree;
Fronds shall be securely tied around the bud prior to relocation and shall remain
securely tied around the bud during the entire relocation process and for a minimum
of one (1) week after relocation; and,
Any palm
that dies
or
becomes nonviable within
one (1) year of relocation shall be
replaced
according
to
the standards set forth in
§ 20- 4.5(J) (2) & (3).
(L)
Preservation credit for relocated trees. Permittees who successfully relocate trees shall receive
full credit for the relocated trees and the tree replacement requirements herein shall not apply
to such relocated trees. All relocated trees shall meet the standards set forth above.
Tree Protection Required Barriers. During site development, protection requirements for trees designated
for preservation under an approved tree removal permit shall include, but not be limited to, the following:
(1)
(2)
(3)
(4)
(5)
(6)
(9;
(8)
(9)
Protective barriers shall be placed around each tree, cluster of trees, or the edge of the
preservation area no less than six (6) feet (in radius) from the trunk of any protected tree cluster
or preservation area unless a lesser distance is specified by the Planning Division.
Protective barriers shall be a minimum of four (4) feet above ground level and shall be
constructed of wood, plastic or metal, and shall remain in place until development is completed.
Protective barriers shall be in place prior to the start of any construction.
Understory plants within protective barriers shall be protected.
No excess oil, fill, equipment, building materials or building debris shall be placed within the
areas surrounded by protective barriers, nor shall there be disposal of any waster material such
as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or
understory plants within the areas surrounded by protective barriers.
Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict
damage to the tree.
Natural grade shall be maintained within protective barriers. In the event that natural grade of
the site is changed as a result of site development, such that the safety of the tree may be
endangered, tree wells or retaining walls are required.
Underground utility lines shall be placed outside the areas surrounded by protective barriers. If
said placement is not possible, disturbance shall be minimized by techniques such as tunneling
or overhead utility lines.
Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes
and trenches located close to trees shall be dug by hand and adjusted as necessary, using
techniques such as discontinuous footings, to avoid damage to major roots.
Trees that are effectively destroyed, shall be replaced according to the standards of § 20- 4.5(J)
(2) & (3).
I(M
(N)
City of South Miami Tree Trust Fund.
(1)
Lai
;K31
(4)
Creation of the tree trust fund. There is hereby created a tree trust fund, under Account No. 01-
02- 19.335, the purpose of which is to acquire, protect, and to plant trees on public property.
Disbursement and maintenance of the tree trust fund. Monies obtained for the tree trust fund
shall be disbursed for the acquisition, maintenance, management, protection, or planting of
trees on public property.
Source of monies for the tree trust fund. Said tree trust fund shall consist of contributions in lieu
of, or in conjunction with, required replacement plantings under Section 20 -4.5. The Planning
Division shall collect funds designated for the tree trust fund when the replacement planting
requirements of § 20- 4.5(J) (2) & (3) cannot be met.
Decisions
to
grant or
deny tree
removal permits shall
be made without consideration of the
existence
of
this fund
or offers
of donations of monies
thereto.
Violations of Section 20 -4.5.
(1)
(2)
(3)
[a]
(5)
(6)
The Planning Division shall charge and collect permit fees and trust fund contributions.
Applications from government agencies for tree removals in areas dedicated to public use may
be exempted from permit fees.
The Planning
Division
and Building Division shall have the right to
inspect any lands affected by
Section 20 -4.5
and to
issue cease and desist orders and citations
for violations.
Failure to install or maintain landscaping according to the terms of Section 20 -4.5 shall
constitute a violation of this Code.
Failure to plant, preserve, or maintain each individual tree shall be considered a separate
violation of this Code.
Each day in which either landscaping or individual trees are not installed or maintained,
according to the terms of Section 20 -4.5, shall constitute a continuing and separate violation of
this Code.
Any person, firm or entity violating any provision under Section 20 -4.5 shall be subject to a fine
of up to two hundred fifty dollars ($250.00) per day per tree, pursuant to provisions of this Code
and State.
(Ord No. 3 -96 -1603, § 2, 4 -2 -96, Ord. No. 7 -98 -1655, § 1, 4- 21 -98)
EXHIBIT #4
Miami -Dade County Right -of -Way Landscaping and
Tree Protection Requirements
MIAMI =DADE COUNTY — RIGHT -OF -WAY
LANDSCAPE CODE
Chapter 18B
Sec. 186 -1. - Short title and applicability.
(A) Short title. This chapter shall be known and may be cited as the "Miami -Dade
County Right -of -Way Landscape Ordinance' .
(B) Applicability. This chapter shall be a minimum standard and shall apply to all
public rights -of -way both in the incorporated and unincorporated areas except for zoned
or dedicated rights -of -way adjacent to lands being used for bona fide agricultural
activities as defined in Chapter 18A of this Code. Enforcement in the unincorporated
area shall be by the County and in the incorporated areas by the municipalities;
provided, any municipality may establish and enforce more stringent regulations as
such municipality may deem necessary. In the event the provisions hereof are not
enforced within any municipality, the County shall enforce same.
(Ord. No. 09 -36, § 11 5 -5 -09)
ISec. 1813-2. - Purpose and intent.
It is the intent of this chapter to establish minimum landscape standards for
public rights -of -way in incorporated and unincorporated Miami -Dade County that
enhance, improve and maintain the quality of the landscape, and to:
(A) Promote Florida friendly principles through the use of drought - tolerant
landscape species, grouping of plant material by water requirements, the use of
irrigation systems that conserve the use of potable and nonpotable water
supplies and restrictions on the amount of lawn areas.
(B) Use landscape material, specifically street trees, to visually define the
hierarchy of roadways, and to provide shade and a visual edge along roadways.
(C) Prevent the destruction of the community's existing tree canopy and
promote its expansion.
(D) Provide for the preservation of existing natural forest communities and
specimen sized trees in conformance with Section 24 -49, as may be amended
from time to time; re- establish native habitat where appropriate, and encourage
the appropriate use of native plant material in the landscape.
(E) Promote the use of trees and shrubs for energy conservation by
encouraging cooling through the provision of shade and the channeling of
breezes, thereby helping to offset global warming and local heat island effects
through the added absorption of carbon dioxide and reduction of heat islands.
(F) Contribute to the processes of air movement, air purification, oxygen
regeneration, ground water recharge, and retention of stormwater runoff, as well
as aiding in the abatement of noise, glare, heat, air pollution and dust generated
by major roadways and intense use areas.
[Type text] Page 1
(G) Reduce the negative impacts of exotic pest plant species and prohibit the
use of noxious exotic plants which invade native plant communities.
(H) Promote the use of trees to protect and buffer the effects of high winds on
structures.
(1) Promote the concept of planting the right tree or plant in the right place to
avoid problems such as clogged sewers, cracked sidewalk and power services
interruptions.
(Ord. No. 09 -36, § 1, 5 -5 -09)
Sec. 18B -3. - Definitions.
The definitions contained in Chapters 18A, Code of Miami -Dade County, Florida,
shall apply to this chapter.
(Ord. No. 09 -36, § 1, 5 -5 -09)
ISec. 18B -41 - Minimum standards.
(A) Irrigation.
(1) All newly - planted and relocated plant material shall be watered by
temporary or permanent irrigation systems until such time as they are
established and subsequently on as needed basis to prevent stress and die -off
in compliance with existing water use restrictions.
(2) Irrigation systems shall be prohibited within native plant communities and
natural forest communities, except for temporary systems needed to establish
newly planted material. Temporary irrigation systems shall be disconnected
immediately after establishment of plant communities.
(3) Irrigation systems shall be designed, operated and maintained to:
(a) Meet the needs of the plants in the landscape.
(b) Conserve water by allowing differential operation schedules based
on hydrozone.
(c) Consider soil, slope and other site characteristics in order to
minimize water waste, including overspray or overflow on to impervious
surfaces and other non - vegetated areas, and off -site runoff.
(d) Minimize free flow conditions in case of damage or other
mechanical failure.
(e) Use low trajectory spray heads, and /or low volume water
distributing or application devices.
(f) Maximize uniformity, considering factors such as:
1. Emitters types,
2. Head spacing,
3. Sprinkler pattern, and
4. Water pressure at the emitter.
(g) Use the lowest quality water feasible
where approved systems are available).
(h) Rain switches or other devices, such
shall be used with automatic controls.
(graywater shall be used
as soil moisture sensors,
[Type text] Page 2
(1) Operate only during hours and on days permitted under Chapter
32 of this Code.
Q) Where feasible, drip irrigation or micro - sprinklers shall be used.
(4) During dry periods, irrigation application rates of between one (1) and one
and one -half (1'/2) inches per week are recommended for turf areas.
(B) Plant material and mulch.
(1) At least fifty (50) percent of the plant material shall be low maintenance
and drought tolerant. Canopy trees are preferred where conditions are
appropriate.
(2) Eighty (80) percent of the plant material shall be listed in the Miami -Dade
Landscape Manual, the Miami -Dade Street Tree Master Plan and /or the
University of Florida's Low - Maintenance Landscape Plants for South Florida list.
(3) Right -of -way landscaping shall include the use of native plant species in
order to re- establish an aesthetic regional quality and take advantage of the
unique diversity and adaptability of native species to the environmental
conditions of South Florida.
(4) Where feasible, the re- establishment of native habitats shall be
incorporated into the landscaping.
(5) 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 Section 24 -49 of the Code of
Miami -Dade County.
(6) In order to conserve water, reduce maintenance, and promote plant
health, plant species shall be selected and installed based on their water needs,
growth rate and size, and resource inputs. Plants with similar water needs shall
be grouped in hydrozones. Adequate growth area (including rooting space),
based on natural mature shape and size shall be provided for all plant materials.
(7) Trees and shrubs shall be planted in the energy conservation zone where
feasible, in order to reduce energy consumption by shading buildings and other
structures and shall be used to reduce heat island effects by shading paved
surfaces.
(8) Street trees shall be used to shade roadways and provide visual order.
Where feasible, selected species shall be used to establish a road hierarchy by
defining different road types.
(9) Prohibited trees shall be removed.
(10) Special attention shall be given to the use of appropriate species located
under, or adjacent to overhead power lines, and near native plant communities
and near underground utility lines. Adequate growth area shall be provided for
all plant materials.
(11) 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 Section 33 -11 of the Code of Miami -Dade
County and in compliance with federal and state standards.
(12) Historic landscapes and landscape features designated by local, State or
federal governments shall be preserved.
(13) Mulches shall be applied and maintained in accordance with the most
recent edition of the Florida Yards and Neighborhoods Handbook titled "A Guide
[Type text] Page 3
to Florida Friendly Landscaping" by the University of Florida, Institute of Food
and Agricultural Sciences (UF/IFAS) and available online at
http: / /www.floridayards.org /landscape /FYN- Handbook.pdf.
(14) Cypress mulch shall not be used because its harvest degrades cypress
wetlands
[Type text] Page 4
EXHIBIT #5
Location Table of Tree Planting Areas
Subject to Change
Tree Planting Initiative Right -of -Way
PHASE II - OAKS; Note - Listing is subject to Change
Address
5830
SW 86th Street
8500 SW 57th Path
5000 SW 65th Avenue
5790 SW 62nd Avenue
5400
SW 63 Avenue
6250 SW 69th Avenue
5611
SW 64th Place
5941
SW 86th Street
6765
SW 64th Street
6501
SW 58th Street
6511 SW 65th Avenue
6101
SW 63rd Street
6020 SW 64th Avenue
6200 SW 67th Avenue
6201
SW 79th Street
6600 SW 54th Lane
5885
SW 80th Street
5651
SW 63rd Court
5700
SW 63rd Court
5701
SW 63rd Court
5751
SW 63rd Court
5801
SW 63rd Court
5821
SW 63rd Court
5841
SW 63rd Court
5900
SW 63rd Court
5901
SW 63rd Court
5920
SW 63rd Court
5941
SW 63rd Court
5960
SW 63rd Court
5980
SW 63rd Court
6061
SW 63rd Court
6120
SW 63rd Court
6150
SW 63rd Court
6151
SW 63rd Court
6251
SW 63rd Court
5890
SW 84th Street
6490 Miller Road
6355 SW 69th Avenue
6620
SW 50 Terrace
6524
SW 61 Terrace
5020 SW 65th Avenue
6816 SW 68th Street
6790 SW 76th Terrace
5809 SW 64th Place
5703 SW 83rd Street
7248 SW 63rd Avenue
7902 SW 67th Court
6740 SW 78th Terrace
6400 SW 62nd Terrace
5779 SW 53rd Terrace
5732 SW 50th Street
5801 SW 77th Terrace
7830 SW 67th Avenue
5561 SW 64th Place
5045 SW 67th Avenue
6501 SW 51st Terrace
6711 SW 63rd Court
6721 SW 69th Terrace
6003 SW 59th Street
6140 SW 65th Avenue
6271 SW 63rd Avenue
6670 SW 69th Lane
5925 SW 64th Place
6110 SW 42nd Street
6270 SW 41st Street
4249 SW 62nd Court
6624 SW 78 Terrace