08-05-08 Item 24South Miami
All- Amedca City
CITY OF SOUTH MIAMI D ®'
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Ricardo Soto - Lopez, MUP, Planning irector
g A
Date: August 5, 2008 ITEM NO. V-0 &
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (I), (.n, (K), (L),
(M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING
REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.12
ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND
APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS,
REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING
FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT,
PENALTIES AND REMEDIES; PROVIDING FOR A REPEALER PROVISION AND A
SEVERABLITY CLAUSE; ORDINANCES IN CONFLICT AND PROVIDING FOR AN
EFFECTIVE DATE.
Summary of Proposed Legislation
The specific amendment would replace seven subsections (N N) of Section 20 -4.5 that are part of the LDC
Landscaping regulations. The amendment creates a new Section 20 -4.12 to be entitled "Tree Conservation and
Protection for All Zoning Districts ". The revised regulations are a significant improvement over the existing
provisions. The following is a summary of the major changes: clarification of review and enforcement
responsibilities; clarification of the process needed to obtain a tree removal permit including notification of
abutting owners and posting of the property; new standard for tree replacement/mitigation - from canopy
replacement to width of tree trunk; creation of a process allowing for an appeal of a tree removal permit
decision to the City's Special Master with a final appeal to the City Commission; and expansion of penalties
and remedies that the City can use to enforce compliance.
Legislative History
The Planning Board at its April 11, 2006 meeting adopted a motion by a vote of 5 ayes 0 nays recommending
approval of the legislation. The Planning Department provided the City Commission with a copy of the draft
recommended by the Planning Board. During the City Commission at its May 2, 2006 meeting a number of
revisions suggested by the Planning Department and by several Commissioners were adopted. The attached
legislation contains all of the revisions approved at the City Commission's May 2, 2006 meeting. These
revisions can be seen in bold or in strike -thru.
The City Commission also conducted a special workshop on June 15, 2006 in order to hear public comments.
There were no additional revisions made at the workshop meeting and make additional revisions.
Attached are two recently received reviews of the draft ordinance in the form of e -mails which were forwarded
to Commissioner Wiscombe. The reviews are from a professional city planner and a professional arborist.
Recommendation
It is recommended that the attached draft ordinance be approved on first reading
Backup Documentation:
Revised Ordinance (with revisions)
Communications from V. Dover /,J.Lopez
City Commission Minutes Excerpt 5 -2 -06
Planning Board Staff Report 4 -11 -06
Planning Board Minutes excerpt 4 -I1 -06
Current LDC Regulations
Public Notices
RSL /SAY
X-• Comm Items1200818-5- 081DC Tree CM Cover report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF
THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (I), (J),
(K), (L), (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED
LANDSCAPING REQUIREMENTS IN ORDER TO,PROVIDE FOR A NEW SECTION
20 -4.12 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS
AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT
APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR
REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS,
ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR A REPEALER
PROVISION AND A SEVERABLITY CLAUSE; ORDINANCES IN CONFLICT AND
PROVIDIOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has directed the City Attorney to update and strengthen the
current provisions in the Land Development Code pertaining to tree protection; and
WHEREAS, revised regulations based upon the most up to date national standards have been
prepared by the Administration; and
WHEREAS, the Planning Board at its April 11, 2006 meeting adopted a motion by a vote of 5
ayes 0 nays, recommending approval of the revised regulations; and
WHEREAS, the Mayor and City Commission desire to accept the recommendation of the
Planning Board and enact the aforesaid amendment
NOW, THEREFORE, BY THE CITY MAYOR AND COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. Sections 20 -4.5 (H), (I), (J), (K), (L), (M) and (N) of the South Miami Land
Development Code pertaining to Tree Removal and Tree Removal Permits are hereby removed
in their entirety and the title of Section 20 -4.5 is revised to read as follows:
SECTION 20 -4.5 Landscaping for All Zoning Districts
Section 2. The South Miami Land Development Code is hereby amended by adding a new
Section as follows:
SECTION 20 -4.12 TREE CONSERVATION AND PROTECTION FOR ALL ZONING
DISTRICTS
(A) Intent and Purpose.
(1) The intent of this section is to protect preserve and restore the tree canopy within the
City by regulating the removal, relocation and trimming of trees.
(2) The purpose of this section is to assure that the design and construction of all
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1 development activity is executed in a manner consistent with the preservation of existing trees to
2 the greatest extent possible.
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4 (B) Definitions.
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6 For the purposes of this chapter, the following definitions shall apply:
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8 Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property
9 under a written lease and who is authorized to apply for a building permit.
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11 Arborist, Certified: One who is well- versed in the art of arboriculture including tree surgery, the
12 prevention and cure of tree diseases, and the control of insects, and who has International Society
13 of Arboriculture (ISA) Arborist Certification.
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15 Branch Collar: Trunk tissue that forms around the base of a branch.
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17 Caliper: See definition under Sec. 20- 4.5(A)
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19 Controlled Tree Species: Those tree species that tend to become nuisances because of their
20 ability to invade proximal native slant communities or native inhabitants but which if located and
21 cultivated properly, may be useful or functions as elements of landscape design. This article
22 incorporates by reference the Miami -Dade County Landscape Manual listing of controlled tree
23 species.
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25 Crown: The upper branches of the tree canopy.
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27 Crown Width: The width of the crown at its widest point measured on a plane parallel to the
28 ground.
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30 Developed property: Property containing a structure which has a valid certificate of occupancy.
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32 Diameter DBH.• The diameter at breast height of a tree's trunk measured at a height four and one
33 half feet above grade. In the case of multiple -trunk trees, the DBH shall mean the sum of each
34 trunk's diameter measured at a height four and one -half feet above grade.
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36 Drop- crotch Pruning: A specific type of pruning designed to properly reduce the size of trees
37 with the current national arborist standards, or any subsequent amendments thereto.
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39 Effectively Destroyed: The cutting, trimming, or damaging of a tree's trunk, branch, or root
40 system to the extent that the tree is no loner viable.
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42 Equivalent Replacement: A tree or trees, which due to condition, size and value, is determined
43 by the planning department to be equivalent to the tree to be removed.
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45 Equivalent Value: An amount of money which reflects the replacement cost of a tree, (including
46 transportation, planting and initial maintenance to insure survival) based on its size, condition
47 and location, following the international society of arbors tree evaluation formula and the market
48 value.
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Exotic Tree Species: A plant species that has been introduced from other regions, and is not
native to the region to which it is introduced.
Girdling: The removal of a strip of bark around a tree trunk or a branch of a tree, This practice is
sometimes employed to kill a tree.
Grade: The ground level of a subject property, which measures the degree of rise or descent of a
sloping surface.
Hat racking: The flat cutting of the top of a tree, severing the leader or leaders, or the removal of
any branch three inches or greater in diameter at an point other than the branch collar i.e.. that
point where the lateral branches meet the main trunk.
Landscape Manual: The Miami -Dade County Landscape Manual, latest edition, which is the
official landscape manual issued by Miami -Dade County, Florida. The Landscape Manual, as
amended from time to time is adopted by reference by the City and deemed as being
incorporated by reference as if set forth herein providing that in the event of an express conflict
between the Landscape Manual and this chapter, the latter will prevail.
Large Tree: A tree with a mature height of 40 feet or more in height, a mature canopy wider
than 22 feet, and a mature root system wider than 15 feet.
Maintenance and Protection: Includes all operations of; pruning, spraying, injecting, fertilizing,
treating, bracing, doing surgery work, cutting above or below the ground.
Medium Tree: A tree with a mature height of between 26 feet and 39 feet, a mature canopy
between 15 feet and 22 feet, and a mature root system between 10 and 15 feet.
Mitigation: Those trees that are planted in order to restore tree canopy within the City and to
replace existing trees that are authorized to be removed under this section.
Native Tree Species: Plant species with geographic distribution indigenous to all or part of
Miami -Dade County. Plants which are described as being native to Miami -Dade County in
botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and
Laskela, are native plant species within the meaning of this definition. This section incorporates
by reference the Miami -Dade County Landscape Manual listing of native tree species.
Nonviable: See definition under Sec. 20- 4.5(A)
Person: As per the definition set forth in Section 1 -2 of the South Miami City Code.
Prohibited Tree Species: Those tree species that are detrimental to native plants native wildlife
ecosystems, human health and/or safety and welfare. This section incorporates by reference the
Miami -Dade County Landscape Manual listing of prohibited species.
Protected Tree: A tree with a minimum caliper of four inches in diameter, one foot above the
ground of the species Live Oak, Laurel Oak, Gumbo Limbo, Royal Poinciana and Mahogany.
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Protected trees shall be processed under the same standards as specimen trees
Protective Barriers: Barriers that are placed around existing trees to provide protection during
construction on a subject property. Refer to the Landscape Manual for alternative tree protection
and support details.
Pruning /Trimming: The selective cutting of tree /plant parts to encourage new growth or better
flowering: to remove old stems or deadwood; or to shape trees according to ANSI A300
Standards. (American National Standards Institute: Tree Care Operations Manual)
Public Area: Includes all public ways, parks and other lands owned or leased by the City.
Public Nuisance: Any tree or shrub or part thereof growing upon private or public property
which is determined by the planning department representative to endanger the health, safety and
general welfare of the City residents.
Public Way: Includes all public streets, roads, boulevards, alleys and sidewalks.
Roots /Root Systems: The parts of the tree containing the organs that extract water and nutrients
from the soil and atmosphere.
Shade Tree: Any tree with a mature crown width that is at least two - thirds of the tree's mature
height.
Site Plan: A comprehensive plan drawn to scale indicating site elevations, roadways and location
of all relevant site improvements including structures parking, other paved areas trails,
walkways, ingress and a egress drives, vegetative cover, landscaping and open space.
Small Tree: A tree with a mature height of 25 feet or smaller, a mature canopy smaller than 15
feet, and a mature root system smaller than 10 feet
Sound Nursery Practices: The various procedures involved in landscape nursery work that are in
compliance with the Florida Department of Agriculture and Consumer Services standards.
Special Master: The Special Master for purposes of this Chapter shall be subject to the
procedures set forth in Sec. 2 -24 and Sec. 2 -25 of the City of South Miami code of ordinances.
Specimen Tree: A tree with any individual trunk, or if a multiple trunk tree, the sum of the
diameter of all trunks, which has a diameter at breast height (DBH) of 18 inches or greater, but
not including the following:
(a) 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;
(b) All multi -trunk trees in the palm family, except Accelorrhaphe wrightii, which have a
minimum overall height of 15 feet;
(c) All nuisance trees are specifically determined to not be specimen trees.
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Spread: The aerial extent of the branches and foliage of a tree.
Stems: The main upward axis of a tree, having nodes bearing in- leaves above the round serving
to support the tree and to transport and store food materials
Tree: Any self - supporting perennial plant that has a diameter at breast height (DBH) of two or
more inches with a minimum height of 12 feet above grade.
Tree Abuse: Tree abuse shall include:
(a) 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;
(b) Hatracking;
(c) Girdling or bark removal of the trunk;
(d) Tears and splitting of limb ends or peeling and stripping of bark resulting from improper
proper pruning techniques not in accordance with the current ANSI A300 Standards; or
(e) Excessive root cutting.
(f) Damage inflicted to or cutting upon a tree which permits infection or pest infestation.
(g) Cutting upon any tree which destroys its natural shape.
(h) Use of climbing spikes.
(i) Fastening any sign, rope, wire or object by nail, staple, chemical substance, or other
adhesive means to, through or around any tree.
0) Any pruning in violation of the practices established by the National Arborist
Association.
(k) Any act that would cause a tree to become nonviable.
Tree Removal: See definition under Sec. 20- 4.5(A).
Tree Removal Permit: The permit required to remove and/or relocate existing tree(s) on or from
a subject property.
Tree service / aborist: Any person, company, corporation or service which, for compensation or
a fee, performs tree maintenance and protection.
(C) Applicability.
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1 (1) The provisions of this article shall apply to all public or private property within the City
2 unless expressly exempted by law.,
3
4 (2) Any tree removal on a public or private right -of -way or on property owned by the City
5 shall also be subject to the requirements of this Section which requires a permit from Public
6 - Works.
7
8 (3) All mangrove trees and any tree located upon land which is wetlands as defined in
9 Section 373.019, Florida Statutes as amended from time to time, shall also be subject to the
10 permitting requirements of Chapter 24 of the Miami -Dade County Code, as amended.
11
12 (D) Authority to supervise, enforce, modify and supplement regulations.
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14 (1) The enactment and enforcement of the regulations in this section is provided for
15 and consistent with the provisions set forth in Florida Statutes 163.3211 and 163.3213(2)(b).
16
17 (2) Planning Department. It shall be the duty of non - violation cases.
18
19 (3) Code Enforcement Division. It shall be the duty of the code enforcement division to
20 prosecute violations of the regulations contained herein. The Code Enforcement Division may
21 prosecute violations in conjunction and cooperation with the Planning Department or on its own
22 initiative.
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24 (4) Special Master. The special master shall have the authority to hear and decide appeals as
25 set forth in Section 20 -4.12 (M) and to enforce the provisions set forth on Section 20 -4.12 (0)(3)
26 as it pertains to irreparable or irreversible violations.
27
28 (5) City Commission. The City Commission will receive and review all recommendations
29 referred to it by the Planning Board for modification of existing regulations or the addition of
30 supplementary regulations. Any decision to enact regulation modifications or supplementary
31 regulations shall remain within the sole and exclusive legislative jurisdiction of the City
32 Commission.
33
34 (E) Tree Removal Permit - Applications. Requirements and ReN4
35
36 (1) Permit, When Required. A tree removal permit shall be required for the removal or
37 relocation of any tree within the City unless exempted by Section 22.03. A tree removal
38 permit shall also be required for the pruning or trimming of more than 25 percent of the
39 canopy of a tree. No person, or representative thereof, shall directly or indirectly cut
40 down, remove relocate or effectively remove through tree abuse any tree situated within
41 the City without first obtaining a tree removal permit as hereinafter provided. No building
42 permit for any work that has the potential to affect trees including new construction
43 additions, carports pools decks fences driveways, parking lots, tennis courts, demolition,
44 or similar work, shall be issued by the Building Department unless the Planning
45 Department has determined that no tree removal permit is required or that a valid tree
46 removal permit has been issued in accordance with this section.
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1 (2) Application Requirements. Applications shall be made on the form provided for that
2 purpose and shall include a written statement indicating the reasons for the removal or
3 relocation of each tree. The following documentation and any applicable fees shall
4 accompany applications.,
5
6 (a) For applications for tree removal in conjunction with new construction including
7 additions pools and decks, a tree survey drawn to scale identifying the species and listing
8 the height, spread and diameter of all existing trees shall be provided, Said survey shall
9 be prepared by a Professional Land Surveyor, licensed in the State of Florida. In addition,
10 the applicant shall submit site photographs with the trees in question identified.
11
12 (b) For applications for tree removal in conjunction with an other activity requiring a
13 building permit or for any other tree removal, a site plan drawn to scale identifying the
14 species and listing the height, spread and diameter of all existing trees shall be provided.
15 Said site plan may be limited to the immediate area of the proposed work, and
16 photographs of the existing trees within said area may be acceptable in lieu of tree
17 identification regarding species, height, spread and diameter.
18
19 (c) A tree disposition plan drawn to scale identifying and listing all existing trees and
20 specifying the condition of each tree and whether said trees are to remain, to be removed
21 and /or to be relocated. The plan shall also illustrate the location of all existing structures
22 and/or all proposed new construction, as applicable, the location of any overhead and/or
23 underground utilities and the new locations of existing trees to be relocated on site. For
24 applications involving the construction of a new building(s) the tree disposition plan shall
25 be prepared by and bear the seal of a landscape architect currently licensed to practice in
26 the State of Florida.
27
28 (d) A tree mitigation plan prepared in accordance with Section 20 -4.11.
34
35 (e) An application fee as set forth herein in Section 20- 4.12(F).
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37 (F) Tree Removal Permit - Fees
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39 (a) An application fee of $50 " for each tree which is to be subject to removal with a
40 maximun fee of $500.
41
42 (b) Fees set forth herein shall also be established pursuant to Ordinance No. 15 -04 -1822, as
43 amended, "Planning Processing. Fee Schedule," of the City of South Miami. Applications from
44 government agencies for tree removals solely in areas dedicated to public use may, at the
45 discretion of the City Commission, be exempted from application fees and permit fees.
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35 (e) An application fee as set forth herein in Section 20- 4.12(F).
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37 (F) Tree Removal Permit - Fees
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39 (a) An application fee of $50 " for each tree which is to be subject to removal with a
40 maximun fee of $500.
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42 (b) Fees set forth herein shall also be established pursuant to Ordinance No. 15 -04 -1822, as
43 amended, "Planning Processing. Fee Schedule," of the City of South Miami. Applications from
44 government agencies for tree removals solely in areas dedicated to public use may, at the
45 discretion of the City Commission, be exempted from application fees and permit fees.
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1 (G) Tree Removal Permit - Review of Application
2 Upon receipt of a completed as application the Planning Department hereinafter referred to as
3 Department shall review the application for compliance with the regulations as set forth in this
4 section such review shall include a field inspection of the site and, referral of the application to
5 other departments or agencies as necessary, Within 15 calendar days of the receipt of a
6 completed application, the Department shall issue an a preliminary decision approving, denying
7 or approving with conditions said application.
8
9 (H) Tree Removal Permit - Notice
10 Within 24 hours of the issuance of a preliminary decision to approve an application for a tree
11 removal permit, the Planning Department shall:
12
13 (a) Notify the applicant in writing and post a notice at City Hall and on the City's
14 web site. Notice shall also be provided to the City Manager and City Commission.
15
16 (b) Mail a copy of the preliminary decision to the owner of the subject property, and
18 The notice shall set forth
19 the date on which the preliminary decision will become final and a permit issued. The
20 notice shall also advise receipients of the appeal provisions set forth in Section 20 -4.12
21 (M).
22
23 (c) Provide to the applicant a posting notice -advising of the decision. The applicant
24 shall be responsible for posting the notice of the preliminary decision on or adjacent to
25 the property in a location visible to the eg neral public. The op sting is to remain visible on
26 the subject property for 10 calendar days from the posting date. Failure to post the notice
27 or maintain the post in an area visible to the general public shall invalidate the
28 application.
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30 (I) Tree Removal Permit - Issuance of Permit
31 If no appeal in accordance with Section 20- 4.12(M) is timely filed within 10 calendar days of the
32 issuance of the preliminary decision, the tree removal permit if originally approved by the
33 Planning Department shall become final and a permit shall be issued. The property owner shall
34 be responsible for insuring that the tree removal permit is displayed until the authorized work is
35 completed.
36
37 (.n Tree Removal Permit - Final Inspection
38 No later than six months following the completion of the authorized work, the applicant shall
39 schedule a final inspection with the Planning Department for verification and acceptance of the
40 final authorized work. Failure to comply with the permit conditions shall be considered as a
41 violation and shall be subject to enforcement and penalities as set forth in Sections 20- 12(N)(0).
42
43 (K) Tree Removal Permit - Criteria and Conditions for Tree Removal and Relocation.
44
45 (1) Criteria for Tree Removal. No permit shall be issued for tree removal from the site unless
46 one of the following criteria exists:
47
48 (a) The tree is located in the buildable area or yard area where a structure or
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improvement may be placed and unreasonably restricts the permitted use of the property.
3 (b) The tree is diseased injured or in danger of falling interferes with utility services
4 creates unsafe vision clearance or is in danger of materially impairing the structural
5 integrity of an existing. or proposed structure.
6
7 (c) The tree is an exotic tree species and will be replaced with a native tree species to
8 promote good forestry practices; creates a health hazard interferes with native tree
9 species or creates a negative impact on natural land features such as rock outcroppings,
10 sink holes or other geological. historical or archeological features.
11
12 (d) It is in the general welfare of the public that the tree be removed for a reason other
13 than set forth above, as determined by the Planning Department.
14
15 (2) Conditions for Tree Removal, Relocation and Replacement. Any or all of the following
16 conditions may be required:
17
18 (a) The applicant may be required to redesign the project to preserve specimen trees
19 or any other tree determined by the Planning Department to be of substantial value due to
20 its species size age form and /or historical significance, and to provide an alternate plan,
21 when feasible, which shall include the preservation of said tree(s) and design alterations
22 within the scope and intent of the initially proposed plan.
23
24 (b) Where practical specimen trees or an other tree determined by the Planning
25 Department to be of substantial value due to its species size age form and /or historical
26 significance, that is proposed for removal shall be relocated on or off -site. The applicant
27 shall adhere to acceptable tree relocation specifications, in accordance with ANSI A300
28 Standards.
29
30 (c) If it is impractical to relocate said tree(s) either on or off -site, because of age, type
31 or size, the applicant shall be required to replace all trees permitted to be removed in
32 accordance with the tree mitigation requirements in Section 20- 4.12(x).
33
34 (d) The Planning Department may require that the applicant provide a written report
35 from an independent Certified Arborist before making any determinations in conjunction
36 with this section. The Department may also require monitoring by a Certified Arborist
37 during construction to assure tree preservation.
38
39 (L) Tree Removal Permit - T=mg Mitigation
40
41 (1) Tree Mitigation Chart. The Tree Mitigation Chart, below, shall be used to determine the
42 total number and size of trees that shall be planted as mitigation for all trees permitted to be,
43 removed. Mitigation is based on the diameter in inches (DBH) of the trees to be removed. To
44 determine the required mitigation, calculate the total sum in inches of the diameters of all trees to
45 be removed. This sum will result in one, single number in inches that represents the combined
46 total of the diameters of all trees to be removed. Diameter measurement shall be rounded up to
47 the nearest inch.
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1
2
Tree Mitigation
Chart
3
Total diameter of tree(s)
Total number of
Total number of
to be removed (Sum of
replacement trees
replacement trees
inches at DBH)
required (2 ". DBH
OR
required (4" DBH
minimum each; 12'
minimum each; 16'
minimum height)
minimum height),
2" —3"
1
or
0
4" — 6"
2
or
1
7" —12"
4
or
2
13" —18" ,
6
or
3
1991-2451
8
or
4
25" — 30"
10
or
5
3191-3611
12
or
6
37" — 42"
14
or
7
43" — 48"
16
or
8
4915-6053
20
or
10
4
5 If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the additional
6 Inches, shall be added cumulatively from the top of the chart, down to the bottom of the chart, to
7 calculate the' number of trees required as mitigation.
8
9 (2) Tree Species. Trees installed as mitigation shall be trees of native or non - native species.
10 When more than 10 trees are installed as mitigation, a diversity of species shall be required as
11 per the Tree Species Diversity Chart, below,
12
13 Tree Species Diversity Chart
14
Required number of trees Required minimum number o species
11-20 2
21-50 4
51 or greater 6
15
16 (3) Prohibited Species. Mitigation shall not be required for the removal of any prohibited
17 species except Ficus altissima (Loft Fig) and Ficus benghalensis (Banyan Tree) and no fees shall
18 be charged.
19
20 (4) Tree Quality. Trees installed as mitigation in accordance with this section shall conform
21 to, or exceed, the minimum standards for Florida Number One as provided in the most current
22 edition of " Grades and Standards for Nursery Plants, Part I and II, " prepared by the Florida
23 Department of Agriculture and Consumer Services. Trees shall be planted according to sound
24 nursery practices as illustrated in the Landscape Manual.
25
26 (5) Off -Site Mitigation. If the total number of trees required as mitigation cannot be
27 reasonably, planted on the subject property the applicant may enter into an agreement with the
28 City as approved by the Planning Department, to plant the excess number of replacement trees
29 on public property within the City.
Page 10
DRAFT 6 -15 -06
2 (6) Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably
3 planted on the subject property, but as an alternative to the off -site mitigation provided in Section
4 20- 4.12(K)(5), the applicant may contribute into the City's Tree Trust Fund the sum of five
5 hundred dollars ($500.00) for each 2" DBH tree required as mitigation in accordance with
6 Section 20- 4.12(x)(1).
7
8 (M) Tree Removal Permit- Anneals, Appellate Fees
9
10 (1) Appeals to the Special Master. The property owner, the applicant, or any aggrieved party
11 having standing under Florida law, may appeal to the Special Master as established in
12 accordance with Section 2 -24 of the South Miami Code of Ordinances any decision of the
13 Planning Department on matters relating to applications for tree removal permits by filing within
14 10 calendar days after the date of the preliminary decision a written notice of appeal to the
15 Planning Department. The notice of appeal shall set forth concisely the decision appealed from
16 and the reasons or grounds for the appeal. The Special Master shall hear and consider all facts
17 material to the appeal. The Special Master may, affirm, modify or reverse the decision of the
18 Planning Department. All appeals to the Special Master shall be accompanied by a fee of one
19 hundred and fifty ($150) dollars.
20
21
22
labels
mailing
23
of PX
all property
,
46
24
,
,
47
25
48
26
27
28
29 (a) Notice. The Code Enforcement Division shall mail a notice of the time and place
30 of the Special Master's consideration of the appeal shall be mailed at least 10 days in
31 advance of the hearing to the owner of the subject property, the appeal appellant, and the
32 owners of the adjacent properties. v.44-h-:-ft 4 OU00 1.,,na -,.a 42 am r
33
34
35 (2) Appeals to City Commission. The property owner, the applicant, the Planning Department
36 or an aggrieved party having standing under Florida law may appeal to the City Commission a
37 decision of the Special Master on matters relating to applications for tree removal permits by
38 filing within 15 calendar days after the date of the decision a written notice of appeal with the
39 City Clerk. An appeal filed pursuant to this section shall be accompanied by a fee of one
40 hundred and fifty ($150) dollars. The notice of appeal shall set forth
41 concisely the decision appealed from and the reasons or grrounds for the appeal.
42
43
44
45
of PX
all property
,
46
,
47
48
Page 11
DRAFT 6 -15 -06
1
2
3 (a) Notice. The City Clerk shall mail a notice of the time and place of the City
4 Commission's consideration of the appeal at least 10 days in advance of the hearing to
5 the owner of the subject property, the appeal appellant, and the owners of the adjacent
6 properties.
7
8
9 (b) The City Commission shall hear and consider all facts material to the appeal and
10 may affirm, modify or reverse the Special Master's decision. The decision of the City
11 Commission shall constitute final administrative review, and no petition for rehearing or
12 reconsideration, shall be considered by the City. Appeals from decisions of the City
13 Commission may be made to the courts as provided by the Florida Rules of Appellate
14 Procedure.
15
16 (3) No Tree Removal Permitted During An Appeal. Upon timely submission of an appeal
17 made pursuant to the requirements of this section, no removal of any trees which could be
18 affected by the subject appeal shall occur, pending final disposition of the appeal.
19
20 (N) Tree Protection
21
22 (1) Tree Protection during Construction. Trees shall be protected during construction
23 through the use of protective barriers in accordance with the Landscape Manual. Trees that are to
24 remain shall be clearly identified with tags, A protected area with a radius of 10 feet shall be
25 maintained around trees to remain in accordance with the Landscape Manual, unless a certified
26 arborist otherwise determines in writing that a smaller or larger protected area is acceptable for
27 each tree, or an alternative tree protection method is recommended.
28
29 (2) Understory plants within protective barriers shall be protected.
30
31 (3) No oil, fill, equipment, building materials or building debris shall be placed within the
32 areas surrounded by protective barriers, nor shall there be disposal of any waste materials such as
33 paints, oils, solvents, asphalt, concrete, mortar or any other materials, including chemicals,
34 harmful to trees or understory plants within the areas surrounded by protective barriers.
35
36 (4) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise
37 inflict damage to the tree.
38
39 (5) Natural grade shall be maintained within protective barriers. In the event that the natural
40 grade of the site is changed as a result of site development, such that the safety of the tree may be
41 endangered, tree wells or retaining walls are required.
42
43 (6) Underground utility lines shall be placed outside the areas surrounded by protective
44 barriers. If said placement is not possible, disturbance shall be minimized by using techniques
45 such as tunneling.
46
47
48
Page 12
DRAFT 6 -15 -06
1 (7) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post
2 holes and trenches located close to trees shall be dug by hand and adjusted as necessary, using
3 techniques such as discontinuous footings, to avoid damage to major roots.
4
5
6 (8) During demolition and /or development, including installation of irrigation systems or any
7 other underground installations, protective barriers shall be placed around each tree . and shall
8 remain in order to prevent the destruction or damaging of roots, stems or crowns of such trees.
9 The barriers shall remain in place and intact until such time as approved landscape operations
10 are completed however barriers may be removed temporarily to accommodate construction
11 needs, provided that the manner and purpose for such temporary removal will not harm the trees.
12 The trees shall be properly irrigated throughout the building process. Trees damaged during
13 construction shall be subject to the provisions of Section20- 4.12(0).
14
15 (9) Tree Pruning /Trimming. The pruning or trimming of any tree shall be in accordance with
16 Guidelines in the Landscape Manual. No more than 25 percent of a tree's living canopy shall be
17 removed within a one -year period. The practice known as "hat racking" is not permitted and shall
18 be considered a violation of this article. Any other tree abuse, or activity that can effectively
19 destroy a tree, shall also be considered a violation of this article. A violation of this section of the
20 code shall be mitigated in accordance with Section 20- 4.11(0).
21
22 (0) Enforcement
23
24 (1) Jurisdiction. The Code Enforcement Division shall have jurisdiction for the proper and
25 effective enforcement of this section. The Division shall have the right to inspect subject
26 properties in accordance with the approved tree removal permit and the provisions of this
27 Section.
28
29 (2) Individual Enforcement. Each tree removed without a tree removal permit shall constitute
30 a separate and distinct violation and shall be the subject of individual enforcement.
31
32 (3) Tree Viability After Project Completion. If the Division determines that a tree is not
33 viable, alive and growing one year after all associated development activity on the property is
34 completed the Division shall require that said tree be replaced with the same tree species and size
35 which was originally planted or relocated, as per the approved tree removal permit.
36
37 (P) Penalties, Remedies Cumulative
38
39 (1) Fine. Any person, or agent thereof, who removes a tree without a tree removal permit,
40 shall be fined $500 per violation plus mitigation in the form of replacement trees. Each tree
41 removed without a tree removal permit shall constitute a separate and distinct violation, subject
42 to a separate fine and mitigation. This provision does not apply to the exemptions set forth in
43 Sec. 20- 4.12(P)
44
45 (2) Tree Mitigation Required. In addition to the monetary fine established above, the planting
46 of replacement trees shall be required. The number of trees required as mitigation for each tree
47 that was removed without a permit shall be based upon the Tree Mitigation Chart for Trees
48 Removed Without a Permit, below. If the total number of trees required as mitigation cannot be
Page 13
DRAFT 6 -15 -06
1 reasonably planted on the subject property, the applicant may contribute into the City's Tree
2 Trust Fund in,an amount based upon Chart below.Mitigation shall be achieved no more than
3 sixty (60) days after the violation has been committed.
4
5
6 Tree Mitigation Chart for Trees Removed Without a Permit
7
16 (a) The gravity of the violation;
17
18 (b) Any actions taken by the violator to correct the violation; and
19
20 (c) Any previous violations committed by the violator.
21
22 (4) Withholding of a New Building Permit. The removal of any tree in violation of this
23 section shall constitute grounds for withholding new building permits directly related to said tree
24 removal until the violation has been corrected, including the payment of all fines and the planting
25 of all trees required as mitigation pursuant to this section. Alternatively in order to obtain the
26 new building permit, the person in violation may post a payment and performance bond pursuant
27 to 255.05 of the Florida Statutes naming the City of South Miami as Obligee. The bond shall be
28 in the amount of ten percent of the construction cost or ten percent of the appraised value of the
29 property if no construction exists, The bond will be maintained in place until the violation has
30 been corrected, pursuant to this section. In the event a bond is not feasible, the City may accept
31 an irrevocable, unconditional letter of credit, in the previously stated percentages, naming the
32 City as Payee. This section shall not apply to complete applications submitted to the City on the
Page 14
Diameter (DBH) of
Number of
Number of OR Contribution
each tree removed
replacement trees
replacement trees into Tree
without a permit
required (2" DBH
OR required (4" DBH Trust Fund
minimum each;
minimum each; 16'
12' minimum
minimum height)
height)
2" -3"
1
or $1,000
4" — 6"
2
or $2,000
7" —12"
4
or $4,000
13" —18"
6
or $6,000
19" — 24"
8
or $8,000
25" — 30"
10
or $10,000
31" — 36"
12
or $12,000
3795-4295
14
or $14,000
43" — 48"
16
or $16,000
49" — 60"
20
or $20,000
8
9
(3) Irreparable or
Irreversible Violations. In the event the Special Master finds the removal
10
of any tree without the required permit to be irreparable or irreversible in nature it may impose a
11
fine not to exceed five
thousand ($5,000) dollars per violation or a greater penalty as provided by
12
law, plus mitigation in the form of replacement trees. In determining the amount of the fine the
13
Special Master shall consider
in accordance with Section 162.09, Florida Statutes, as amended,
14
the following factors:
15
16 (a) The gravity of the violation;
17
18 (b) Any actions taken by the violator to correct the violation; and
19
20 (c) Any previous violations committed by the violator.
21
22 (4) Withholding of a New Building Permit. The removal of any tree in violation of this
23 section shall constitute grounds for withholding new building permits directly related to said tree
24 removal until the violation has been corrected, including the payment of all fines and the planting
25 of all trees required as mitigation pursuant to this section. Alternatively in order to obtain the
26 new building permit, the person in violation may post a payment and performance bond pursuant
27 to 255.05 of the Florida Statutes naming the City of South Miami as Obligee. The bond shall be
28 in the amount of ten percent of the construction cost or ten percent of the appraised value of the
29 property if no construction exists, The bond will be maintained in place until the violation has
30 been corrected, pursuant to this section. In the event a bond is not feasible, the City may accept
31 an irrevocable, unconditional letter of credit, in the previously stated percentages, naming the
32 City as Payee. This section shall not apply to complete applications submitted to the City on the
Page 14
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DRAFT 6 -15 -06
effective date of this ordinance.
(5) Withholding of a Certificate of Occupancy. The Planning Department shall not approve
the zoning inspection required for a temporary or final Certificate of Occupancy until all
violations of this section have been corrected including the payment of all fines and the planting,
of all trees required as mitigation, pursuant to this section.
(6) Remedies Cumulative. The remedies provided in this section shall be cumulative to all
remedies provided by law and /or equity and the election of one shall not preclude the other.
(7) Costs and Fees. In the event the City institutes any civil action to enforce the terms of
this section in a court of competent jurisdiction the City shall be entitled to recover the fines
imposed pursuant to the violation(s), the cost of trees required as mitigation, the costs associated
with the investigation and prosecution inclusive of a reasonable attorney's fee for the prosecuting
attorney together with any equitable and legal remedies deemed reasonable and proper by the
court.
(Q) Exemptions
The following are exempt from the provisions of this article:
(1) Any tree growing in a botanical garden or a licensed plant or tree nursery
business.
(2) In the case of a declared state of emergency by the City Commission wherein the
City Manager determines in writing that tree removal permitting requirements will
hamper private or public work to restore order to the City.
(3) The removal of a tree during or following an emergency such as an act of nature
or a life safety issue.
(4) Nothing in this article shall be construed to prevent the pruning or trimming of
trees where necessary for proper landscape maintenance and safety, provided that no
more than 25 percent of the crown or foliage is removed.
(5) Removal of any dead tree.
Page 15
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DRAFT 6 -15 -06
(6) Removal of any of the following nuisance tree species:
SPECIES
COMMON NAME
Acacia Auriculiformis
Earleaf Acacia
Albizzia lebbeck
Woman's Tongue
Araucaria heterophylla
Norfolk Island Pine
Bambusa
Tree Bamboo
Bischofia javanica
Bischofia
Brassaia actinophylla
Schefflera
Casuarina spp
Australian Pine
Cupaniopsis anacardiodes
Carrotwood
Enterolobium cyclocarpum
Ear Tree
Eucalyptus spp
Eucalyptus
Ficus spp
Ficus
Grevillea robusta
Silk Oak
Hibiscus tiliaceus
Mahoe
Melaleuca quinquenervia
Melaleuca
Metopium toxiferum
Poison Wood
Psidium quajava/littorale
Guava
Ricinus communis
Castorbean
Sapium sebiferum
Chinese Tallow Tree
Schinus terebinthifolius
Brazilian Pepper
Syzygium cumin
Java Plum
Thespesia populnea
Mahoe
Page 16
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DRAFT 6 -15 -06
(R) Public Property Planting and Maintenance Standards
(1) The planting and removal of trees in the public right -of -way shall be the responsibility of
the Public Works Department.
(2) Notwithstanding anything contained in this section to the contrary, the city shall have the
sole and exclusive right to plant, prune, maintain and remove trees, plants and shrubs within the
lines of all streets, alleys, avenues, lanes, squares and public areas, as may be necessary to insure
public safety or to preserve or enhance the symmetry and beauty of all public grounds. The city
may remove or cause to be removed, any tree or part thereof which is in an unsafe condition or
which by reason of its nature constitutes a public nuisance or is injurious to sewers, electric lines,
water lines or other public improvements, or is afflicted with any injurious fungus, insect or pest.
This section does not prohibit the planting of trees adjacent to any public ways by adjacent
property owners provided that the trees are properly placed and maintained in accordance with
tree planting and maintenance standards.
(S) Emergency Provisions
In the event that it is believed that any tree in the City is in a hazardous condition so as to
endanger the public health, safety and general welfare unless it is immediately removed, the City
Manager, or his designee, may verbally authorize the removal of such tree following a personal
inspection of the subject tree without the securing of a removal permit as required by this
section. In addition, the provisions and requirements of this section may be temporarily stayed
by a majority vote of the City Commission following the occurrence of a hurricane, tornado,
flood, or other natural disaster.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall take effect immediately upon enactment.
Page 17
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1.5
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DRAFT 6 -15 -06
PASSED AND ADOPTED this _ day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
2008.
\' ' 11 Its
MAYOR
1 st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
YAComm Items\2008 \8 -5 -08 \Ordinance Tree Revised 7- 31- 08.doc
Page 18
a
Youkilis, Sanford
From: demran55 @aol.com
Sent: Wednesday, July 23, 2008 3:28 PM
To: Figueredo, Luis; Youkilis, Sanford
Subject: Fwd: tree ordinance
Please check to see if anything needs to be added.
- - - -- Original Message---- -
From: Victor Dover <vdover @bellsouth.net>
To: demran55 @aol.com
Sent: Sun, 29 Jun 2008 1:30 pm
Subject: re: tree ordinance
Hello at last Randy!
Back from Idaho now. Finished the race in 14 hours 19 minutes —yay! Thanks for your patience.
Page 1 of 2
On the plane headed home, I finally got a chance to review the tree ordinance. It seems fine to me. I think some
of the corrections in the strikethroughs /underlines you sent were also well- advised (for example, reducing the
burden for advertising in advance to something more manageable).
Overall I would say the ordinance is considerably stricter than the typical tree - conservation ordinances I have
reviewed in other jurisdictions around the country, with the exception of places like Flagstaff AZ where tree
resources grow very, very slowly. I take it, however, that being relatively strict is the goal, so I make =2 Othis
observation only to discourage the Commission from making the draft even stricter.
To beat a dead horse: the logic behind strengthening private -lot tree protections seems more consistent to me if
the city and county are also ramping up the street -tree and park -tree planting programs. We need to plant
thousands more street trees in South Miami, and we need to take a much more visible giant leap forward on that
urgent task. I'd suggest putting the increased private tree conservation on a parallel track with a specific, targeted,
budgeted, multi -year goal for planting trees on public property including rights -of -way.
Please let me know if you have any other questions.
Warmest regards,
OA
Victor
IRONMANI www.firstgiving.com /victordover
7/29/2008
Page 1 of 2
Youkilis, Sanford
From: demran55 @aol.com
Sent: Wednesday, July 23, 2008 3:29 PM
To: Figueredo, Luis; Youkilis, Sanford
Subject: Fwd: tree ordinance thoughts
Please see if we need to incorporate anything else.
- - - -- Original Message---- -
From: jason lopez <lycheelove @yahoo.com>
To: demran55 @aol.com
Sent: Mon, 2 Jun 2008 6:48 pm
Subject: tree ordinance thoughts
Hello Randy,
I don't have the ordinance in front of me, it is on my desk at work at the
moment, so I apologize that I can't refer in exact quotes, but I can explain
well enough. There were two things that I thought should certainly be changed,
and another to consider.
First, the definition of "tree" leaves too much room for interpretation. A palm
tree, is actually not a tree. They don't form hard wood and don't have secondary
growth. They are in essence a big fancy grass. The way the definition reads, a
perennial plant over 12 inches, would seem to include most species of, palms.
What we end up with then is a row of Christmas Palms planted to replace a
hundred year old Oak tree. This is certainly not sufficient. Montgomery Palms
don't do for the environment what a Mahogany or Mastic tree does. A palm may
be pretty, but it does not offer the shade or cooling effects a hardwood does.
It doesn't filter the amount of CO2 a tree does. Little feeds on what palms have
to offer. They don't provide nearly as much habitat for the smaller creatures.
Not to mention that most.palms planted today are influenced by business minded
nurserymen that would rather sell a product that grows quickly in a nursery,
rather than a
product that is appropriate for our unique growing conditions. I feel the
simplest way to avoid having to define the word "tree ", which is controversial
sometimes, would be to simply state that palms don't count as trees. People are
still going to plant palms because that is what is expected in this town, so you
actually end up with a more complete system.
Secondly, when it mentions the number of trees needed to replace trees that were
removed. If 10 trees are called for, they can all be the same species. It is
not until 11 -20 that a second species needs to be included. This creates a
monoculture and increases all sorts of risks. Look what happen to the rubber
plantations in South America. A diverse landscape fares much better in heavy
storms for example. What if a developer planted 20 trees , of two species, and
it turned out that both tree varieties were weak wooded and didn't stand up well
in storms? Well, you'd have a mess of a yard and not much canopy left. A
monoculture of trees also creates a monoculture of creatures as well. Most
animals are specialists. If you don't provide the right type of environment,
you won't get the animal. Consider a bug that only eats one type of tree when
developing. If that tree doesn't exist, the bug doesn't either. But then
neither does the bird that eats the
bug or the snake that steals the egg, or the hawk that eats the snake (or the
bird) and so on. Think back to that bird. If it only makes in nests in one
kind of tree, or a particular type of environment, what happens when the
developers don't plant what the bird needs? The bird never moves in and you get
7/29/2008
Page 2 of 2
that same domino affect. Species diversity needs to be addressed. There is too
much room for error in a monoculture. I think that if ten trees are called for,
they should be of at least three species, not one as required now. The bigger
the number needed, the higher the diversity should be.
1 -10: three species
11-20: six
21 -30: nine
I'm sure you get my point. The city should should require that a percentage be
hardwood trees as well. Hardwoods stand the test of time. While slow, they are
sure - footed and would guarantee that canopy always exists in the city of South
Miami. Unlike a city full of Texas Geiger and Cassias.
Thirdly, I feel that in all of these efforts, understory plants are ignored.
This takes me back to species diversity and the fact that most animals are
specialists. How about Catbirds? You'll only see them in areas with low lying
protective shrubs, never out in the open. If the codes required understory
plants there would be a different type of habitat provided for the specialists
out there.
I know that when considering things, a city commission may adopt what another
city does successfully. I would like to warn against this on matters that
concern growing conditions. We are unique sitting on this big rock in a
hurricane alley. Even things that make sense in Ft. Lauderdale don't apply
here. Their tree list shouldn't look like ours.
Pruning practices that work in Iowa, don't necessarily work here.
By the way, a list of suitable trees would also be nice.
Thanks Randy, and let me know what you think.
The Famous, the Infamous, the Lame - in your browser. Get the TMZ Toolbar Now!
7/29/2008
City of South Miami
Regular City Commission Minutes
May 2, 2006
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, May 2, 2006, beginning at 7:12
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe and
Commissioners Velma Palmer, Marie Birts and Jay Beckman.
Also in attendance were: City Attorney Eve Boutsis, City
Clerk Maria M. Menendez and Acting City Manager Yvonne Soler -
McKinley.
B. Invocation: The invocation was delivered by Mayor Feliu.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
1) The Rotary Club of South Miami presenting a check for
$5,000 for the Murray Park lighting.
Ms. Ellen Book presented a check to the Commission for
$5,000 for the Murray Park lighting project.
2) Proclamation presented to Ellen Book, President of the
Rotary Club of South Miami for her leadership and contribution
to the community.
Mayor Feliu, together with Vice Mayor Randy G. Wiscombe and
Commissioners Velma Palmer, Marie Birts and Jay Beckman presented
a proclamation to Ms Book. She said that within the next few
weeks, the Rotary Club will be presenting to the Community Center
a large, bronze plaque commemorating the Rotary Centennial and
the naming of the field. She also thanked the City for its
leadership, for the opportunity to serve the community and for
recognizing the Rotary's one - hundred years of service. Ms. Book
then introduced president elect for next year, Linda Kaplan.
With no further comments or discussion, the presentation
ended.
REGULAR CITY COMMISSION 1
MINUTES - May 2, 2006
approve this item passed by a 3 -1 vote:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Vice Mayor Wiscombe:
Mayor Feliu:
Yea
Yea
Absent
Nay
Yea
ORDINANCE (S) FIRST READING PUBLIC HEARING S)
(NONE)
ORDINANCE (S) FIRST READING
19. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MAAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H) , (I) , (J) ,
(K), (L) , (M) and (N) FROM ARTICLE IV, SECTION 20 -4.5
ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE
FOR A NEW SECTION 20 -4.11 TO BE ENTITLED TREE
PROTECTION; CONTAINING INTENT, DEFINITIONS AND
APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT
APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA
FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND
PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND
REMEDIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Wiscombe)
Moved by Mayor Feliu, seconded by Commissioner Birts to
approve this item.
Vice Mayor Wiscombe said that it is very important that we
have some guidelines in place. We have failed to do this in the
past, particularly when it comes to development and when it comes
to people moving into the City who have no respect with regard to
the right of this community to have tree canopy; we all know the
importance of the tree canopy in terms of providing shade and
also help in conserving energy. We have had developers who have
come in and have chopped down huge oak trees, especially on
Miller Road, resulting in a penalty of just $500. He then said
that he would be proposing some amendments to the present
ordinance.
At this time Mr.
01Donniley presented the
REGULAR CITY COMMISSION 16
MINUTES - May 2, 2006
proposed
ordinance.
Commissioner Palmer said that she has major concerns with
this item because in her opinion all of the proposed fees are too
excessive. She then referred to page 8 paragraph (G). Vice Mayor
Wiscombe said that he has added that language in there and will
explain why. She said that she understands that we need to put
some protection in place, but that this is going to encourage
people to take other means. Among other examples of extremely
stringent language, she also referred to page 12, paragraph (M),
(6) and (7) ; the $500 appeal fee on page 14; the $5,000 fine for
"irreparable or irreversible violations, etc. Finally, she said
that she agrees that we must protect the trees, but at the same
time, she feels that we should not put people in a position that
they have to choose between a house and a tree.
Mayor Feliu said that the intention of the ordinance is to
prevent developers `and everybody involved in construction from
destroying valuable trees, so that they are not notified after
the fact when there is no way to remedy the damage being done.
Vice Mayor Wiscombe said that we do have an obligation to
protect the tree canopy in this community. The problem is that
people have been getting away with cutting trees for years
because $500 for a tree means nothing to a developer. He said
that we are doing the.people of this community a great disservice
by not holding developers accountable. He said that this started
with a County ordinance and we tightened it up from there.
Commissioner Beckman, together with Vice Mayor Wiscombe then
proceeded to propose various amendments: on page 1, Sec. 20 -4.11
the title should read "Tree Conservation and Protection for all
Zoning District;" on page 2, line 5, to amend "with the
preservation of existing tree-& canopy to the greatest extent
possible;" on page 6, line 29, paragraph (D) to include the
language relating to Code Enforcement Chapter 162 of State law;
on page 7, line 9, starting with paragraph (E) , through (N) , to
add with "Tree Removal Permit /...;" on pages 12 and 13, paragraphs
(M) and (N) should be switched; on page 13, starting on line 30
through the end of the page, to remove sub - paragraph (a), and for
sub - paragraph (b), to remove line 40 starting with ...and the
owners... recommending to follow the Planning Board recommendation;
on page 14, lines 7 and 8, Commissioner Beckman recommended to
delete the statement dealing with "a fee of $500;" (Mr.
O'Donniley explained that this fee is recommended because of
considerable amount of staff time spent; he also explained that
appeals are rare; the fee is $50 for each tree with a maximum of
$500; Commissioner Palmer said that not everyone can afford that
type of fee; Ms. Boutsis recommended some figure below the $275
Court of Appeals fee; Commissioner Beckman then recommended a
REGULAR CITY COMMISSION 17
MINUTES - May 2, 2006
$150 fee; on page 9, line 8, (1) Fees (a) , Commissioner Beckman
recommended that the application fee be $50 per tree and up to
$500;
Mayor Feliu said that he wants to see included in the
language of this ordinance that the applicant has read the
requirements and penalties and that he /she signs.
At 11:00 p.m. Mayor Feliu moved to extend the meeting for
another fifteen minutes. Seconded by Commissioner Palmer, the
motion to extend the meeting passed by a 5 -0 vote:
Commissioner Palmer:
Yea ..
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
Vice Mayor Wiscombe:
Yea
Mayor Feliu:
Yea
Continuing with the amendments, Commissioner Beckman
referred to page 14 through page 23, recommending the adoption of
Attachment "A" as presented by the Planning Department; on page
16, line 2, relating to the $5,000 fine per violation, he said
that there should be a more descriptive language to substantiate
that fine; Vice Mayor Wiscombe then referred to page 15, line 24,
saying that he believes that the Special Master should have the
right to deal with the maximum penalty there, up to the $20,000;
As far as the recommendation for a more descriptive language
relating to the $5,000, staff and counsel concluded that the
language as presented is sufficient and would be found proper by
a court.
With no further comments or discussion, the motion to
approve this item as amended passed by a 5 -0 vote:
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
Vice Mayor Wiscombe: Yea
Mayor Feliu: Yea
COMMISSION REMARKS
Commissioner Birts invited the audience watching the meeting
from their homes to come forward and apply to join our Pension
Board.
Commissioner Palmer said that she has a deep concern because
she is a Commissioner not for a quarter or for a tenth of the
REGULAR CITY COMMISSION 18
MINUTES - May 2, 2006
South Miami
kranxi
All- America City
2001
To: Honorable Chair and Date: April 11, 2006
Planning Board Members
From: Don O'Donniley
Planning Director
Re: LDC Amendment:
Tree Protection Regulations
PB -06 -002
Applicant: City of South Miami
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MAIMI, FLORIDA TO REMOVE
SECTIONS 20 -4.5 (H), (4, (T), (I), (L), (NI) and (1) FROM ARTICLE IV, SECTION 20 -4.5
ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW
SECTION 20 -4.11 TO BE ENTITLED TREE PROTECTION; CONTAINING INTENT,
DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT
APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL;
PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT,
PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
In 2005 the City Manager at the direction of the City Commission was requested to update and
strengthen the current Land Development Code regulations governing tree protection and tree
removals. The current regulations are contained as a subsection within Section 20 -4.5, which is
identified in the Land Development Code as Landscaping and Tree Protection. The proposed
updating of these regulations are included in the attached draft ordinance.
PREVIOUS LEGISLATION
The current legislation before the Board is a slightly different draft than what the Board
reviewed at its January 10, 2006 meeting. That draft was one prepared by the previous City
Manager and her staff. The Planning Department was directed to process that draft which was
an amendment to the Land Development Code. It was recommended for approval by the Board.
When that legislation was presented to the City Commission on March 7, 2006 it was
discovered that a different draft, an amendment to the City Code, had been prepared for Vice
Mayor Wiscombe by the City Attorney. The Commission deferred action at that time and
requested the Planning Board to consider the draft prepared by the City Attorney.
The Planning Department has reviewed the City Attorney's prepared draft and has determined
that is basically similar to the Land Development Code amendment which was previously
LDC Amendment
April 11, 2006
Page 2 of 2
before the Board. It does contain certain provisions which are superior to the earlier draft. The
staff has taken the City Attorney's draft and supplemented it with provisions from the
previously reviewed legislation and added some revisions necessary to make the legislation a
Land Development Code amendment. In addition language was added to clarify the permit
review process and the appeal section. The proposed revisions are shown in bold and underlined
with wording removed shown with a strike through.
PROPOSED AMENDMENT
The specific amendment would replace seven subsections (H —N) of Section 20 -4.5 that were
part of the LDC Landscaping regulations. The amendment creates a separate Section 20 -4.11
entitled "Tree Protection for All Zoning Districts ". The revised regulations are a significant
improvement over the existing provisions. The following is a summary of the major changes:
• expanded list of definitions;
• clarification of review and enforcement responsibilities;
• clarification of the process needed to obtain a tree, removal permit including notification of
abutting owners and posting of the property before a removal decision is finalized;
new standard for tree replacement/mitigation - from canopy replacement to width of tree
trunk;
• detailed list of standards for protecting trees;
creation of a process allowing for an appeal of a tree removal permit decision to the City's
Special Master with an final appeal to the City Commission;
• expansion of penalties and remedies that the City can use to enforce compliance, including
the use of the Special Master and specific penalty fees;
• clarification of tree species which are exempt from requirements for removal permits.
STAFF OBSERVATIONS
(1) It is important to note that use of the special master for tree removal permit appeals will
require a future amendment to City Code Sec. 2 -24.
(2) The staff is concerned about provisions set forth in sub - section (M)(1) Appeals to the
Special Master (pp.13 -14). This section allows for an appeal to a tree removal permit to be
filled by the applicant, an abutting property owner, or environmental or homeowners group
with a member within 500 feet. This essentially would not allow nearby property owners to
file an appeal unless they are members of the environmental group or the homeowners
group. This section should be clarified to simply allow the "applicant for the tree removal
permit and any property owner within 300 feet (a more reasonable radius) to file an appeal ".
(3) Both subsections (M)(1) and (2) provides for an appeal fee but then allows for the fee to
be waived if it is filed by an the applicant, an abutting property owner, or environmental or
homeowners group with a member within 500 feet. An appeal will cost the City in terms of
staff time, notification and mail costs. The attached draft has been modified to show that
both the appeal fees to the special master ($150) and to the City Commission ($ 500) should
not be waived.
LDC Amendment
April 11, 2006
Page 3 of .1
RECOMMENDATION
It is recommended that the revised regulations for tree protection (LDC Section 20 -4.11) be
approved with the modifications suggested above in staff observations (2) and (3).
Attachments:
Draft Ordinance
Existing LDC regulations on tree protection
Public Notices
DOD/4"
E:\PB\PB Age n as Sk ff Reports\2006. Agendas Staff Reports \4- 11- 06\PB -06 -002 LDC Amend Tree Report.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 11, 2006
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chair, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Lahiff,
Mr. Beilman, Mr. Davis.
Board members absent: Ms. Yates and Mr. Farfan
City staff present: Sanford A. Youkilis, AICP (Planning Consultant), Brian Edney (Video
Support), Luis Kruger (Permit Facilitator), and Patricia Lauderman (Planning Board
Secretary).
III. Administrative Matters.
Mr. Youkilis informed the Board that Mr. O'Donniley had a previous engagement and
could not be present at tonight's meeting. Mr. Youkilis also introduced Luis Kruger from
Planning Department, who would be open to answer any questions relating to the tree
regulations.
IV. Planning Board Applications / Public Hearings
PB -06 -002
Applicant: City of South Miami
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SOUTH MAIMI, FLORIDA TO REMOVE
SECTIONS 20 -4.5 (H), (I), (J), (K), (L), (M) and (N) FROM ARTICLE IV, SECTION 20 -4.5
ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW
Planning Board Meeting
April 11, 2006
Page 2of5
SECTION 20 -4.11 TO BE ENTITLED TREE PROTECTION; CONTAINING INTENT,
DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT
APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL;
PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT,
PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE
At this time, Mr. Morton swore in the speakers.
Action: Mr. Morton read the item into the record. Mr. Youkilis explained that the current
legislation before the Board is a slightly different draft than what the Board reviewed at its
January 10, 2006 meeting. The draft that was reviewed in January was prepared by the
previous City Manager and her staff. The Planning Department was directed to process
that draft which was an amendment to the Land Development Code. It was recommended
for approval by the Board. Mr. Youkilis noted that the legislation was presented to the City
Commission on March 7, 2006 and it was discovered that a different draft, an amendment
to the City Code, had been prepared for Vice Mayor Wiscombe by the City Attorney. The
Commission deferred action at that time and requested the Planning Board to consider the
draft prepared by the City Attorney. The Planning Department has reviewed the City's
attorney's prepared draft and has determined that is basically similar to the Land
Development Code amendment which was previously before the Board. Mr. Youkilis
indicated that staff has taken the City Attorney's draft and supplemented it with provisions
from the previously reviewed legislation and added some revisions necessary to make the
legislation a Land Development amendment. In addition, language was added to clarify the
permit review process and the appeal section. The proposed revisions are shown in bold
and underlined with wording removed shown with a strike through.
At this point, Mr. Youkilis stated the specific amendment would replace seven subsections
(H -N) of Section 20 -4.5 that were part of the LDC Landscaping regulations. The
amendment creates a separate Section 20 -4.11 entitled "Tree Protection for all Zoning
Districts ". The revised regulations are a significant improvement over the existing
provisions. Mr. Youkilis proceeded to summarize all the major changes.
• expanded list of definitions;
• clarification of review and enforcement responsibilities;
clarification of the process needed to obtain a tree removal permit including
notification of abutting owners and posting of the property before a removal decision is
finalized;
• new standard for tree replacement/mitigation - from canopy replacement to width of
tree trunk;
• detailed list of standards for protecting trees;
• creation of a process allowing for an appeal of a tree removal permit decision to the
City's Special Master with an final appeal to the City Commission;
expansion of penalties and remedies that the City can use to enforce compliance,
including the use of the Special Master and specific penalty fees;
• clarification of tree species which are exempt from requirements for removal permits.
Planning Board Meeting
April 11, 2006
Page 3 of 5
Mr. Youkilis provided the following staff observations:
(1) It is important to note that use of the special master for tree removal permit appeals
will require a future amendment to City Code Sec. 2 -24.
(2) The staff is concerned about provisions set forth in sub - section (M)(1) Appeals to
the Special Master (pp.13 -14). This section allows for an appeal to a tree removal
permit to be filled by the applicant, an abutting property owner, or environmental or
homeowners group with a member within 500 feet. This essentially would not allow
nearby property owners to file an appeal unless they are members of the environmental
group or the homeowners group. This section should be clarified to simply allow the
"applicant for the tree removal permit and any property owner within 300 feet (a more
reasonable radius) to file an appeal ".
(3) Both subsections (M)(1) and (2) provides for an appeal fee but then allows for the
fee to be waived if it is filed by an the applicant, an abutting property owner, or
environmental or homeowners group with a member within 500 feet. An appeal will
cost the City in terms of staff time, notification and mail costs. The attached draft has
been modified to show that both the appeal fees to the special master ($150) and to the
City Commission ($ 500) should not be waived.
Recommendation
Staff recommended that the revised regulations for tree protection (LDC Section 20 -4.11)
be approved with the modifications suggested above in staff's observations (2) and (3).
The Board and staff began to review and discuss the revised regulations. The Board
suggested that in Section 20- 4.11(E)(2)(e) "Tree removal permit. Requirements" which
addressed notice to property owners should read that mail notices should be sent to all
property owners within a three hundred foot radius of the property for which the tree
removal permit is sought.
Furthermore, in Section 20- 4.11(E)(2)(f) the Board recommended to add the wording
"Failure to post the notice in a visible area to the general public shall invalidate the
application ". Mr. Comendeiro addressed the tree removal permit fee and commented that
the current fee appeared to be low and suggested raising it.
Additionally, in Section 20- 4.11(I), the Board suggested to add that if applicant fails to
comply with permit conditions it will be considered a violation subject to enforcement and
penalties as set forth in Section 20-11 (N)(0). The Board also determined that in Section
20- 4.11(M) the wording "plus $3.50 per mailed notice provided however that no fees shall
be charged for such appeals initiated by the property owner ......" should be deleted form
the section.
Staff also informed the Board that the list of nuisance tree species found in Section 20 -11
(P) (6) has been expanded to 21 nuisance tree species.
The Board decided to hear from the public on the tree regulation.
Chair Morton opened the public hearing.
Planning Board Meeting
April 11, 2006
Page 4 of 5
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Yvonne Beckman Neutral
Ms. Beckman expressed her concern of when a ficus tree is removed its canopy is not
being replaced since there is no permit to require a person to plant a replacement. She
suggested to the Board to add wording that would require replacement of the canopy when
a nuisance tree species such as the ficus is cut down. Ms. Beckman also stated that
currently the planning department uses a certified arborist to assure tree preservation but
she recommended adding the word "independent" certified arborist.
Chair Morton closed the public hearing.
The Board resumed discussion and addressed the topic of ficus trees. Some Board
members noted that ficus trees are the only trees from the nuisance tree species that has
considerable canopy which should be replaced if the ficus trees are removed. The Board
concluded the discussion and proceeded to make separate motions.
Motion: Mr. Comendeiro moved to add that an applicant shall provide a list of property
owners within 300 feet of the property for which the tree removal permit is sought. Ms.
Lahiff seconded the motion.
Vote: Ayes 5 Nays 0
Motion: Mr. Comendeiro moved to recommend raising the application fee for a tree
removal permit to $150.00 per tree not per site and this application fee will include the fee
associated with mailing. Ms. Lahiff seconded the motion.
Vote: Ayes 5 Nays 1 (Mr. Davis)
Motion: Ms. Lahiff motioned to remove the ficus tree from the nuisance tree species list.
Mr. Morton seconded the motion.
Vote: Ayes 2 Nays 3 (Mr. Beilman, Mr. Comendeiro, Mr. Davis)
Motion did not pass
Motion: Mr. Comendeiro motioned to add in Section 20- 4.11(M)(3) "that all public
hearings related to appeals to Special Master and City Commission shall be accompanied
by one set of mailing labels of property owners within a 300 hundred foot radius of the
property for which the tree removal permit is sought ". Ms. Lahiff seconded the motion.
Vote: Ayes 5 Nays 0
The Board agreed to forward the new draft as modified by the above motions to the City
Commission.
The Board proceeded to address the next item PB -05 -024.
Motion: Mr. Comendeiro moved to defer PB -05 -24 to the next meeting. Mr. Davis
seconded the motion.
Vote: Ayes 5 Nays 0
Planning Board Meeting
April 11, 2006
Page 5 of 5
Mr. Youkilis informed Mr. Comendeiro that at the next Planning Board meeting staff
would put on the agenda discussion on currency of parks and address fees for outdoor
seating. Mr. Comendeiro concurred with Mr. Youkilis and indicated he looks forward to
the discussion on those topics.
VI. Approval of Minutes
Action: The Board duly voted on and approved the minutes of meeting — March 28,
2006, as submitted.
Vote: Ayes 5 Nays 0
VII. Next Meeting
Action: Staff informed the Board the next meeting will be held on Tuesday, April 25,
2006 at 7:30pm.
VIII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at 9:30 PM.
SAY
K:\PB\PB Minutes\2006 Minutes\PB MINS 4- 11- 06.doc
C' ur?/ZOw'7r
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE A6VC4720.,V5
(7) The Environmental Review & Preservation Board [E.R.P.B.] may adjust the require- i
ments of Sections 20 -4.5 (D) & (E) under the following procedures:
(a) The E.R.RB. on receipt of application for adjustment of landscaping requirements
shall have the authority and duty to consider and act upon such application. The
application shall be filed by the owner or tenant of the property concerned, or by
authorized agents as evidenced by written power of attorney, on forms prescribed
by the Planning Division and accompanied by the E.R.P.B. application fee.
(b) In the application, the applicant shall state clearly and in detail what adjustment
of landscaping requirements are being requested and the reasons such adjust-
ments are warranted, and shall accompany the application with supplementary
data, such as sketches, surveys and statistical information to substantiate the
adjustment.
(c) The E.R.P.B. may approve, modify or deny the requested adjustment, but shall
approve or modify such request only if it determines that approval of any
adjustment would not be contrary to the public interest and would be in keeping
with and would preserve the intent of Section 20 -4.5.
(d) Procedures regarding Board actions and appeals from the decisions of the
E.R.P.B. s the regulations set forth in Section 20 -6. .
- (H) wee Removal Permit Applicability.
(1) It shall be unlawful for any person, unless otherwise permitted by the terms of Section �.
20 -4.5, to do tree removal work or to effectively destroy any tree, or to effectively
destroy any understory in a Natural Forest Community, without first obtaining a
permit from the City of South Miami.
(2) The effective destruction of trees designated to be planted, preserved, or relocated
under Section 20 -4.5 (D) & (E) shall not be permitted.
(3) No municipal or County official shall issue a tree removal permit that does not comply
with Section 20 -4.5. Any such permit shall be void.
(4) It shall be unlawful for any person to violate or not comply with any of the conditions
of a City of South Miami tree removal permit.
(5) The following activities are EXEMPT from tree removal permits:
(a) Removal of trees within the yard area of an existing single - family residence,
provided the trees are not within a Natural Forest Community, and are not
specimen trees. This exemption does not apply to trees which are growing on
public rights -of -way adjoining existing single - family residences;
(b) Removal of trees for the construction of a new single- family residence, provided
that:
i. The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot,
or one -half acre or less in size (21, 780) square feet, for nay other zoned lot;
and, r
Supp. No. 4 96.32
OTHER REGULATIONS 20 -4.5
ii. The lot is being developed as the principal residence of the owner - builder;
and,
iii. The lot is not within an area designated as a natural forest community; and,
iv. The trees are not specimen trees.
(c) Removal of any dead tree;
(d) Removal of trees within State - approved plant nurseries and botanical gardens,
provided said trees were planted and are growing for the display, breeding,
propagation, sale or intended sale to the general public in the ordinary course of
business;
(e) Removal of trees for the establishment, maintenance, and operation of a bona fide
grove or bona fide tree nursery, except when the proposed tree removal is to occur
in a Natural Forest Community designated under County Resolution No. 1764 -84
or under subsequent revisions of the Natural Forest Community maps, or when
the proposed tree removal will affect specimen trees as defined herein. Any person
desiring to remove trees pursuant to this provision shall obtain written approval
from the Planning Division prior to the commencement of any such activities
under this exemption;
(f) Removal of any of the following tree species:
i. Melaleuca quinquenervia (cajeput or paperbark tree);
ii. Casuarina spp. (Australian pine, beefwood);
iii. Schinus terebinthifolius (Brazilian pepper), provided it is not within a
Natural Forest Community, in which case a permit must be obtained, prior
to removal, from the Metro -Dade County Department of Environmental
-"' Resources Management;
iv: Bischofia javanica (bishopwood);
V. Ricinus communis (castorbean);
vi. Psidium guajava (guava);
vii. Albezzia lebbek (woman's tongue);
viii. Acacia auriculaeformis (earleaf acacia);
ix. Schefflera actinophylla (Queensland Umbrella Tree);
X. Araucaria heterophylla (Norfolk Island Pine); and,
xi. Metopium toxiferum (poison wood), provided it is not within a Natural
Forest Community, in which case a permit must be obtained, prior to
removal, from the Metro -Dade County Department of Environmental Re-
sources Management.
(g) Removal of any tree which has been destroyed or effectively destroyed by an Act
of God, or by acts outside of the control of any person, individually or otherwise,
who had or had a legal, beneficial or equitable interest in the real property upon
which such tree is located, which acts could not have been prevented by the
Supp. No. 4 '96.33
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
exercise of reasonable care by any such person, individually or otherwise, who has
or had a legal, beneficial or equitable interest in the real property upon which
such tree is located. Where a tree has been destroyed or effectively destroyed by
acts outside of the control of a person who has or had, a legal, beneficial or
equitable interest in the real property upon which such tree is located, which acts
could not have been prevented by the exercise of reasonable care by such person,
this provision shall be construed to impose joint and several liability upon the
person(s) destroying or effectively destroying such tree, and to exempt from
liability for such destruction or effective destruction the person who has or had a
legal, beneficial or equitable interest in the real property upon which such tree is
located;
(h) Removing, 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;
(i) Removal of tree within a bona fide fruit grove for the express purpose of
converting said bona fide fruit grove to another bona fide agricultural purpose;
(j) Any mortgagee with respect to 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.
(k) Any action which occurred prior to February 21, 1989, shall not constitute a
violation of Section 20 -4.5 (H) through Q.
(I) Tf ee Removal Permits — Submittals.
(1) Tree removal permits are required for the removal or relocation of any tree not
specifically exempted under § 20- 4.5(H)(5). The Planning Division shall provide permit
application forms which shall be used by applicants.
(2) An owner, agent of the owner, or lessee of a property may apply for a tree removal
permit. If the applicant is a lessee or agent of the owner, a statement from the owner
indicating that the owner has. no objection to the proposed tree removal shall be
submitted with the application.
(3) The permit applicant shall submit to the Planning Division:
(a) A completed tree removal permit application form; and,
(b) Two (2) sets of site plans which shall include the locations of all existing tree
resources and all proposed structures or utilities which may require removal or
relocation of trees; OR,.
(c) Two copies of a tree survey as defined in § 20- 4.5(A); OR,
(d) Two copies of a tree survey prepared by a landscape architect, architect or an
engineer registered in the State of Florida, if the submitted site plan (above) does
not provide sufficient information to determine which trees will be affected by
proposed development.
Supp. No. 4 96.34
OTHER REGULATIONS 20 -4.5
(4) The Planning Division may deny an application, or approve an application and issue a
permit (subject to conditions, limitations or restrictions), for the activity proposed
under the permit application, provided that:
(a) A completed application is submitted and the permit fee is paid;
(b) All required plans or covenants are submitted and are in compliance with the
standards in Section 20 -4.5;
(c) All plans clearly specify conditions, limitations and restrictions required, and
that the permit applicant acknowledges, understands and fully agrees to comply
with all said conditions, limitations or restrictions by signing the permit prior to
its issuance; and,
(d) A performance bond, if required by the Planning Director, is posted:
i. The Planning Director may require the posting of a performance bond to
guarantee compliance with all conditions, limitations, and restrictions of the
tree removal permit, including, but not limited to, planting of all required
replacement trees.
ii. The bond shall be equivalent to one hundred fifteen percent (115 %) of the
estimated cost of the permitted activity and may be in the form of a letter of
credit, surety, cash, or certificate of deposit.
iii. All performance bonds shall remain in force for a minimum of either one (1)
year after the actual completion date of the permitted activity. (to ensure
that any replanted trees which perish are replaced), or until viability of all
replanted trees has been achieved, which ever occurs last.
iv. At the discretion of the Planning Director, performance bonds may be
partially released in phases based upon partial completion of planting or
other permit requirements.
(5) All tree removal permit applications which 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.
(6) Any permits related to a Natural Forest Community shall be approved by the
Metro -Dade County Department of Environmental Resource Management [DERM].
(J) 7i-ee Removal Permit Replacement Standards.
(1) Permit review and applicable sub - sections.
(a) Reviews of completed tree removal applications shall be conducted by the
Planning Division under a standard of reasonableness, using the best available
practices from biology, botany, forestry, landscape architecture and other relevant.
fields, as appropriate for review;
(b) On receipt of completed permit applications, the Planning Division shall deter-
mine whether the site contains any portion of a Natural Forest Community, trees
subject to protection, or specimen tree (s);
Supp. No. 4 96.34.1
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE r
(c) If a site contains any portion of a Natural Forest Community, then the permit
must be submitted for review by the Metro -Dade County Department of Envi-
ronmental Resource Management [DERM];
(d) If there are trees present on a site [other than any portion of a Natural Forest
Community or specimen tree(s)], then the replacement provisions contained
under § 20- 4.5(J) (2) shall apply; and,
(e) If a site contains any specimen tree(s), then the replacement provisions contained
under § 20- 4.5(J) (3) shall apply for the specimen tree(s), while the replacement
provisions contained under § 20- 4.5(J) (2) shall apply for non - specimen trees on
the site.
(2) Non - specimen trees. Procedures for determining tree replacement. The Planning
Division shall determine the total number of replacement trees required for the
issuance of a tree removal permit according to the following procedural steps:
Step 1: Determining existing tree canopy coverage on -site. The area of existing tree
canopy . coverage of a site shall be determined by review of aerial photography, on -site
inspection, or review of a tree survey.
Step 2: Determining impact area of proposed project. The area of existing canopy
coverage which will be affected (impact area) by the applicant's proposed development
shall be determined by, the Planning Division based on review of the submitted site
plan and tree removal permit application form.
Step 3: Determining number of replacement trees required. The total number of trees
required for replacement shall be based on the area of impact and category of
replacement tree selected by the applicant. Each replacement tree shall compensate
for a portion of the tree canopy lost in the impact area, and the following table shall be
used as a standard for determining the required number of replacement trees:
Category of Replacement Ree (See Step 6 Portion of Impact Area for which Each Re-
below for explanation) placement ?fee Compensates
Shade Tree 1
500 square feet replacement area
Shade Tree 2
300 square feet replacement area
Palm Tree 1
300 square feet replacement area
Palm Tree 2
100 square feet replacement area
Small Tree
200 square feet replacement area
(a) Any combination of shade trees, palm trees, or small trees is acceptable as
replacement, provided the total number of trees from all replacement categories
compensate for the lost canopy.
(b) In the event that a replacement tree actually has more canopy coverage at the
time of planting than the amount of credit allowed under the tree replacement
formula above, then the applicant shall receive full credit for the actual canopy
coverage provided by the replacement tree at the time of planting.
Supp. No. 4 96.34.2
OTHER REGULATIONS 20 -4.5
(c) The applicant shall submit a list of proposed replacement trees.
(d) When replacement canopy area exceeds ten thousand (10,000) square feet,
replacement shall be described in a landscape replacement plan which shall meet
the minimum requirements of § 20- 4.5(J) (4), and no tree removal permit shall be
issued until said plan has been approved by the Planning Division.
(e) When the total number of replacement trees exceeds twenty (20), then the
applicant shall required to submit a landscape replacement plan consistent with
the provisions of § 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 following
minimum diversity standards:
Required Number of Trees
11 -20
Y
21 -5Q
51 or more
Minimum Number of Species
2
4
6
(a) When native trees are removed, then all replacement trees shall be native
species; otherwise, a minimum of fifty (50) percent of all replacement trees
planted shall be native to Dade County.
(b) Permittees shall not be required to plant in excess of six (6) species. The number
of trees of each species planted shall be proportional to the number of species
required.
(c) As an alternative to the minimum species diversity required herein, an applicant
may propose an alternative species diversity in an alternative landscape enhance-
ment 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.
Supp. No. 4
96.34.3
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(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.
(3) Specimen Trees. The standards to be applied in reviewing tree removal permit
applications involving specimen trees are as follows:
(a) Specimen Tree Preservation. Specimen trees shall be preserved whenever rea-
sonably possible, and, upon receipt of an application to remove (a) specimen
tree(s), the Planning Division shall consider the following factors in evaluating 1
said application:
i. Size and configuration of the property;
ii. Size and configuration. of any proposed development;
iii. Location of the tree relative to any proposed development;
iv. Whether or not the tree can be preserved under the proposed plan or any
alternative plan;
V. Health, condition and aesthetic qualities of the tree; and,
vi. Whether the tree poses a threat to persons or property.
(b) Alternate plans. If, after review of above, the Planning Division determines that
(a) specimen tree(s) cannot reasonably be preserved under a proposed plan, then
the applicant shall provide an alternate plan, which shall include preservation of
the specimen tree(s) and design alternations consistent with the scope and intent
of the initially- proposed plan. These alterations may include, but shall not be
limited to:
i. An adjustment of building orientation on a site; and,
ii. An adjustment of lot lines within a site proposal for more than one lot when
the adjustment will not cause unreasonable loss of usable space. An
applicant shall have the burden of proof in the determination of what
constitutes an unreasonable loss of usable space.
Supp. No. 4 96.34.4
OTHER REGULATIONS 20 -4.5
(c) Specimen tree relocation. If preservation of the specimen tree(s) and any
- alternate design consistent with the scope and intent of the initial plan are
mutually exclusive, then the Planning Division may issue a permit to relocate the
specimen tree(s). If a tree removal permit requires relocation, then the applicant
shall be required to relocate the tree in accordance with the standards in § 20 -4.5
(K).
d) Removal of specimen trees. If relocation of the specimen tree(s) is not feasible due
to the size, health, location, species or any other factor, then a permit may be
issued for the removal of the specimen tree(s), and tree replacement shall be
required.
e) Replacement requirements for specimen trees. As a condition of the issuance of a
tree removal permit for the removal of specimen trees, tree replacement require-
ments shall be twice those specified for the replacement of non - specimen trees
under § 20- 4.5(J) (2).
(f) Fee. In the event that replacement is not feasible on site, then alternative off -site
replacement shall be required, or, as a last alternative, there shall be a
contribution to Account No. 219.355, Tree Trust Fund, -for the full value of
replacement trees.
(g) Exemptions from specimen tree replacement requirements. Applicants may be
exempt form the replacement requirements above; but subject to the tree
replacement requirements contained in § 20- 4.5(J) (2), under the following
circumstances:
i. Upon submittal of a statement from a landscape architect registered in the
State of Florida which indicates that a specimen tree, due to disease,
condition, growth habit or any other reasonable botanical factor, does not
provide the aesthetic or environmental contribution associated with a
specimen tree. Said statement shall include the specific reasons(s) for the
claimed exemption from these provisions;
ii. When preservation of the specimen tree would cause a foreseeable risk to
property; or,
iii. When a site contains more than one (1) specimen tree, and fifty (50) percent
or more of the existing specimen trees and at least fifty (50) percent of the
existing specimen tree canopy area is preserved.
(4) Landscape Replacement Plan. Landscape replacement plans may be required under
the provisions contained in § 20- 4.5(J) (1). All landscape replacement plans shall be
submitted by the applicant and must meet the following minimum standards:
(a) The number of trees, number of species of trees, and size of trees proposed for
planting shall be consistent with § 20- 4.5(J) (2) & (3);
(b) The site plan shall include proposed replacement locations for all tree replace-
ments and relocations, and all property lines, proposed and existing structures,
driveways and utility easements; and,
Supp. No. 4 96.34.5
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(c) The canopy spread of any tree that is proposed for preservation shall be shown on
the plan. Where a portion of the canopy of a tree or trees shall be removed without
removal of the tree(s), a notation shall be made on the plan indicating the
situation and canopy area.
(5) Alternative Landscape Enhancement Plan. Instead of replacing all affected trees
pursuant to provisions contained in § 20- 4.5(J) (2) & (3), an applicant may propose to
relocate existing trees or propose a unique project design which provides reasonable
assurance that the project complies with the intent to maintain tree canopy.
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 Portion oflmpactArea for which Each Shrub/
Cover Ground Cover Compensates
Shrub 1 (including small palms)
Shrub 2/ Ground Cover
60 square feet replacement area
30 square feet replacement area
(a) All category 1 shrubs shall be a minimum of two (2) feet in height at the time of
planting and at maturity should have a canopy coverage of sixty (60) square feet
under normal growing conditions.
(b) All category 2 shrubs and ground covers shall have a root system sufficient to
sustain growth at the time of planting and at maturity should have a canopy
coverage of ten (10) to twenty (20) square feet under normal growing conditions.
(c) The applicant shall have the burden of demonstrating that a design meets the
intent of § 20- 4.5(J) (2) & (3). At a minimum, an alternative landscaping
enhancement plan shall include, without limitation:
i. A sealed statement, prepared by a landscape architect, registered in the
State of Florida, which indicates that the intent of § 20- 4.5(J) (2) & (3) can
be effectively met through the submission of the alternative design; and,
ii. A site plan, prepared by said landscape architect, registered in the State of
Florida, that includes the proposed location, scientific name or description of
vegetation to be preserved or planted, property lines, proposed and existing
structures, driveways and utility easements; and,
iii. A tabulation that identifies any deviations from the requirements of §
20- 4.5(J) (2) &. (3) and explicitly provides tree replacement alternatives.
(d) The Planning Division may approve an alternative landscape enhancement plan
when:
i. The design preserves and incorporates existing vegetation; and,
ii. The design exceeds the minimum requirements or equivalent of § 20- 4.5(J)
(2) & (3).
Supp. No. 4 96.34.6
l
r
OTHER REGULATIONS 20 -4.5
(K) Tree Removal Permit Relocation Standards. The relocation of any tree that is subject to
the provisions of Section 20 -4.5 shall be consistent with the following minimum standards:
(1) Trees other than palms:
(a) Tree roots shall be severed in such a manner as to provide a root ball which is
sufficient to ensure survival of the tree when relocated. A sufficiently -sized
planting hole shall be provided at the relocation site to ensure successful
re- growth;
(b) After root severing, adequate time shall be allowed prior to replanting to ensure
survival of the tree(s). After root severing and prior to relocation, tree(s) shall be
watered a minimum of twice weekly; and, after relocation, said tree(s) shall be
watered ,a minimum of twice weekly until the tree(s) are established;
(c) During removal and transportation of the tree, the root ball and vegetative
portions of the tree shall be protected from damage from wind or injury; and,
(d) Any tree that dies or becomes nonviable within one (1) year of relocation shall be
replaced according to the standards set forth in § 20- 4.5(J) (2) & (3).
(2) Palms:
(a) A ball of earth at least one (1) foot from the base of the trees shall be moved with
the tree;
(b) Fronds shall be securely tied around the bud prior to relocation and shall remain .
( -- securely tied around the bud during the entire relocation process and for a
minimum of one (1) week after relocation; and,
(c) Any palm that dies or becomes nonviable within one (1) year of relocation shall be
replaced according to the standards set forth in § 20- 4.5(J) (2) & (3).
(3) Preservation credit for relocated trees. Permittees who successfully relocate trees shall
receive full credit for the relocated trees and the tree replacement requirements herein
shall not apply to such relocated trees. All relocated trees shall meet the standards set
forth above.
(L) wee Protection Required Barriers. During site development, protection requirements for
trees designated for preservation under an approved tree removal permit shall include, but not
be limited to, the following:
(1) Protective barriers shall be placed around each tree, cluster of trees, or the edge of the
preservation area no less than six (6) feet (in radius) from the trunk of any protected
tree cluster or preservation area unless a lesser distance is specified by the Planning
Division.
(2) Protective barriers shall be a minimum of four (4) feet above ground level and shall be
constructed of wood, plastic or metal, and shall remain in place until development is
completed. Protective barriers shall be in place prior to the start of any construction.
(3) Understory plants within protective barriers shall be protected.
Supp. No. 4 96.34.7
20 -4.5 SOUTH MIAMI LAND DEVELOPMENT CODE
(4) No excess oil, fill, equipment, building materials or building debris shall be placed
within the areas surrounded by protective barriers, nor shall there be disposal of any
waster material such as paints, oils, solvents, asphalt, concrete, mortar or any other
material harmful to trees or understory plants within the areas surrounded by
protective barriers.
(5) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise
inflict damage to the tree.
(6) Natural grade shall be maintained within protective barriers. In the event that natural
grade of the site is changed as a result of site development, such that the safety of the
tree may be endangered, tree wells or retaining walls are required.
(7) Underground utility lines shall be placed outside the areas surrounded by protective
barriers. If said placement is not possible, disturbance shall be minimized by
techniques such as tunneling or overhead utility lines.
(8) Fences and walls shall be constructed to avoid disturbance to any protected tree. Post
holes and trenches located close to trees shall be dug by hand and adjusted as
necessary, using techniques such as discontinuous footings, to avoid damage to major
roots.
(9) Trees that are effectively destroyed, shall be replaced according to the standards of §
.20-4.5(J) (2) & (3).
(M) City of South Miami Ree Rust Fund.
(1) Creation of the tree trust fund. There is hereby created a tree trust fund, under
Account No. 01 -02- 19.335, the purpose of which is to acquire, protect, and to plant trees
on public property.
(2) Disbursement and maintenance of the tree trust fund. Monies obtained for the tree
trust fund-shall be disbursed for the acquisition, maintenance, management, protec-
tion, or planting of trees on public property.
(3) Source of monies for the tree trust fund. Said tree trust fund shall consist of
contributions in lieu of, or in conjunction with, required replacement plantings under
Section 20 -4.5. The Planning Division shall collect funds designated for the tree trust
fund when the replacement planting requirements of § 20- 4.5(J) (2) & (3) cannot be
met.
(4) Decisions to grant or deny tree removal permits shall be made without consideration
of the existence of this fund or offers of donations of monies thereto.
(N) Violations of Section 20 -4.5.
(1) The Planning Division shall charge and collect permit fees and trust fund contribu-
tions. Applications from government agencies for tree removals in areas dedicated to
public use may be exempted from permit fees.
(2) The Planning Division and Building Division shall have the right to inspect any lands
affected by Section 20 -4.5 and to issue cease and desist orders and citations for
violations.
Supp. No. 4 96.34.8
r`
1
OTHER REGULATIONS 20 -4.6
(3) Failure to install or maintain landscaping according to the terms of Section 20 -4.5 shall
constitute a violation of this Code.
(4) Failure to plant, preserve, or maintain each individual tree shall be considered a
separate violation of this Code.
(5) Each day in which either landscaping or individual trees are not installed or
maintained, according to the terms of Section 20 -4.5, shall constitute a continuing and
separate violation of this Code.
(6) Any person, firm or entity violating any provision under Section 20 -4.5 shall be subject
to a fine of up to two hundred fifty dollars ($250.00) per day per tree, pursuant to
provisions of this Code and State.
(Ord. No. 3 -96 -1603, § 2, 4 -2 -96; Ord. No. 7 -98 -1655, § 1, 4- 21 -98)
20 -4.6 Environmental review standards.
The following standards shall be utilized by the environmental review and preservation
board in their review and evaluation of all site and landscape plans as required by this Code.
(A) Natural Environment.
(1) Proposed development shall be designed in such a manner so as to preserve and protect
existing environmentally- sensitive lands and natural resources, such as and including
soils, ground water, surface water, shorelines, vegetative communities, fisheries and
wildlife habitats.
(2) Natural landscaping shall be retained, insofar as is practical, and additional landscap-
ing shall be added, if necessary, to improve the overall visual quality of the proposed
development.
(B) Buildings and Other Structures. Proposed structures shall be related harmoniously to
the natural terrain, existing buildings and surrounding neighborhood.
(C) Circulation and Parking.
(1) With respect to vehicular and pedestrian circulation, special attention shall be given to
the location and number of access points, general interior circulation, separation of
pedestrian and vehicular traffic and arrangement of parking areas.
(2) Such areas shall be safe and convenient and not detract from the design of proposed
buildings and neighboring properties.
(D) Storage.
(1) Exposed storage utility areas, utility buildings and structures and similar accessory
areas and structures shall be subject to such placements, screen plantings or other
screening methods as shall be required to prevent their being incongruous with
existing or contemplated environment or surrounding properties.
(Ord. No. 15 -92 -1510, 9 -1 -92; Ord. No. 12 -96 -1612, § 2, 7- 30 -96; Ord. No. 19 -96 -1619, §§ 6, 7,
10 -1 -96)
Editor's note — Section 2 of Ord. No. 12 -96 -1612, adopted July 30, 1996, renumbered §
20- 4.6(E) and (F) as § 20 -4.9.
1
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Supp. No. 4 96.34.9