Preliminary Draft Tree Ordinancev
MEMORANDUM
TO: City of South Miami Planning Board
FROM Julian H. Pe i
Planning Direc
SUIBJECT: Preliminary Draft Tree Ordinance
DATE: February 22, 2007
Please be advice that the subject preliminary draft tree ordinance is a "Temporary
Proposed Ordinance." It is being included because its potential regulation may help
respond to the two stories or second story additions to existing single family homes
(known as Mc Mansions).
ORDINANCE NO. Draft (revised 5-2-01
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND
5 DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI,
6 FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (I), (.I), (K), (L), (M)
7 AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED
8 LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A
9 NEW SECTION 20 -4.11 ENTITLED TREE PROTECTION;
10 CONTAINING INTENT, DEFINITIONS AND APPLICABILITY;
11 PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS,
12 REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL;
13 PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS,
14 ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FOR A
15 REPEALER PROVISION AND A SEVERABLITY CLAUSE;
16 ORDINANCES IN CONFLICT AND PROVIDING FOR AN
17 EFFECTIVE DATE.
18
19 WHEREAS, the City Commission has directed the City Attorney to update and
20 strengthen the current provisions in the Land Development Code pertaining to tree
21 protection; and
22
23 WHEREAS, revised regulations based upon. the most up to date national standards
24 have been prepared by the Administration; and
25
26 WHEREAS, the Planning Board at its April 11, 2006 meeting adopted a motion
27 by a vote of 5 ayes 0 nays, recommending approval of the revised regulations;
28 and
29
30 WHEREAS, the Mayor and City Commission desire to accept the recommendation
31 of the Planning Board and enact the aforesaid amendment
32
33 NOW, THEREFORE, BY THE CITY MAYOR AND COMMISSION OF THE CITY
34 OF SOUTH MIAMI, FLORIDA:
35
36 Section 1. Sections 20 -4.5 (H), (I), (J), (K), (L), (M) and (N) of the South Miami
37 Land Development Code pertaining to Tree Removal and Tree Removal Permits
38 are hereby removed in their entirety and the title of Section 20 -4.5 is revised to
39 read as follows:
40
41 SECTION 20 -4.5 Landscaping mnd True@ for All Zoning
42 Districts
43
44 Section 2. The South Miami Land Development Code is hereby amended by
45 adding a new Section as follows:
46
47 SECTION 20 -4.11 TREE CONSERVATION AND PROTECTION
48 FOR ALL ZONING DISTRI T
Page 1
I (A) Intent and Purpose.
2
3 (1)The intent of this section is to protect preserve and restore the tree canopy within the City by
4 regulating the removal, relocation and trimming of trees.
5
6 (2) The purpose of this section is to assure that the design and construction of all
7 development activity is executed in a manner consistent with the preservation of existing
8 trees to the greatest extent possible.
9 (B) Definitions.
10 For the purposes of this chapter, the following definitions shall apply:
11 Applicant: A person who is the owner, authorized agent of the owner, or lessee of a
12 property under a written lease and who is authorized to apply for a building permit.
13 Arborist. Certified: One who is well-versed in the art of arboriculture including tree
14 surgery, the prevention and cure of tree diseases, and the control of insects, and who
15 has International Society of Arboriculture (ISA) Arborist Certification.
16
17 Branch Collar: Trunk tissue that forms around the base of a branch.
18 Caliper: See definition under Sec. 20- 4.5(A)
19 Controlled Tree Species: Those tree species that tend to become nuisances because of
20 their ability to invade proximal native slant communities or native inhabitants but
21 which if located and cultivated properly, :may be useful or functions as elements of
22 landscape design. This article incorporates by reference the Miami -Dade County
23 Landscape Manual listing of controlled tree species.
24
25 Crown: The upper branches of the tree canopy.
26
27 Crown Width: The width of the crown at its widest point measured on a plane parallel to
28 the ground.
29
30 Developed property: Property containing a structure which has a valid certificate of
31 occupancy.
32 Diameter DBH : The diameter at breast height of a tree's trunk measured at a height
33 four and one half feet above grade. In the case of multiple -trunk trees, the DBH shall
34 mean the sum of each trunk's diameter measured at a height four and one -half feet
35 above grade.
36 Developed property: Property containing a structure which has a valid certificate of
37 occupancy.
38
Page 2
2 Drop - crotch Pruning: A specific type of pruning designed to properly reduce the size of
3 trees with the current national arborist standards, or any subsequent amendments thereto.
5 Effectively Destroyed: The cutting, trimming, or damaging of a tree's trunk, branch, or
6 root system to the extent that the tree is no loner viable.
7
8 Equivalent Replacement: A tree or trees, which due to condition, size and value, is
9 determined by the planning department to be equivalent to the tree to be removed.
10
I l Equivalent Value: An amount of money which reflects the replacement cost of a tree,
12 (including transportation, planting and initial maintenance to insure survival) based on its
13 size, condition and location, following the international society of arbors tree evaluation
14 formula and the market value.
15
16 Exotic Tree Species: A plant species that has been introduced from other regions, and is
17 not native to the region to which it is introduced.
18
19 Girdling: The removal of a strip of bark around a tree trunk or a branch of a tree, This
20 practice is sometimes employed to kill a tree.
21 Grade: The ground level of a subject property, which measures the degree of rise or
22 descent of a sloping surface.
23 Hat racking: The flat cutting of the top of a tree, severing the leader or leaders, or the
24 removal of any branch three inches or greater in diameter at an point other than the
25 branch collar i.e.. that point where the lateral branches meet the main trunk.
26 Landscape Manual: The Miami -Dade County Landscape Manual, latest edition, which
27 is the official landscape manual issued by Miami -Dade County, Florida. The Landscape
28 Manual, as amended from time to time is adopted by reference by the City and deemed
29 as being incorporated by reference as if set forth herein providing that in the event of an
30 express conflict between the Landscape Manual and this chapter, the latter will prevail.
31
32 Large Tree: A tree with a mature height of 40 feet or more in height, a mature canopy
33 wider than 22 feet, and a mature root system wider than 15 feet.
34
35 Maintenance and Protection: Includes all operations of; pruning, spraying, injecting,
36 fertilizing, treating, bracing, doing surgery work, cutting above or below the ground.
37
38 Medium Tree: A tree with a mature height of between 26 feet and 39 feet, a mature
39 canopy between 15 feet and 22 feet, and a mature root system between 10 and 15 feet.
40 Mitigation: Those trees that are planted in order to restore tree canopy within the City
41 and to replace existing trees that are authorized to be removed under this section.
42 Native Tree Species: Plant species with geographic distribution indigenous to all or part
43 of Miami -Dade County. Plants which are described as being native to Miami -Dade
Page 3
I County in botanical manuals such as, but not limited to, "A Flora of Tropical Florida" by
2 Long and Laskela, are native plant species within the meaning of this definition. This
3 section incorporates by reference the Miami -Dade County Landscape Manual listing of
4 native tree species.
R
6 Nonviable: See definition under Seca 20- 4.5(AZ
7
8 Person: As per the definition set forth in Section 1 -2 of the South Miami City Code.
9
10 Prohibited Tree Species: Those tree species that are detrimental to native plants
11 native wildlife ecosystems, human health and /or safety and welfare. This section
12 incorporates by reference the Miami -Dade County Landscape Manual listing of prohibited
13 species.
14
15 Protected Tree: A tree with a minimum caliper of four inches in diameter, one foot
16 above the ground of the species Live Oak, Laurel Oak, Gumbo Limbo, Royal Poinciana
17 and Mahogany. Protected trees shall be processed under the same standards as specimen
18 trees
19
20 Protective Barriers: Barriers that are placed around existing trees to provide
21 protection during construction on a subject property. Refer to the Landscape Manual
22 for alternative tree protection and support details.
23
24 Pruning /Trimming: The selective cutting of tree /plant parts to encourage new
25 growth or better flowering: to remove old stems or deadwood; or to shape trees
26 according to ANSI A300 Standards. (American National Standards Institute: Tree Care Operations
27 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.
Page 4
I Small Tree: A tree with a mature height of 25 feet or smaller, a mature canopy smaller
2 than 15 feet, and a mature root system smaller than 10 feet
3
4 Sound Nursery Practices: The various procedures involved in landscape nursery
5 work that are in compliance with the Florida Department of Agriculture and Consumer
6 Services standards.
7
8 Special Master. The Special Master for purposes of this Chapter shall be subject to
9 the procedures set forth in Sec. 2 -24 and Sec. 2 -25 of the City of South Miami
10 code of ordinances.
11
12 Specimen Tree: A tree with any individual trunk, or if a multiple trunk tree, the sum of
13 the diameter of all trunks, which has a diameter at breast height (DBH) of 18 inches
14 or greater, but not including the following.-
15 (a) Non - native fruit trees that are cultivated or grown for the specific purpose of
16 producing edible fruit including, but not limited to, mangos, avocados or species of
17 citrus;
18
19 (b) All multi -trunk trees in the palm family, except Accelorrhaphe wrightii, which
20 have a minimum overall height of 15 feet.
21
22 fc) All nuisance trees are specifically determined to not be specimen trees
23
24 Spread: The aerial extent of the branches and foliage of a tree.
25
26 Stems: The main upward axis of a tree, having nodes bearing in- leaves above the
27 round serving to support the tree and to transport and store food materials
28
29 Tree. Any self - supporting perennial plant that has a diameter at breast height (DBH)
30 of two or more inches with a minimum height of 12 feet above grade.
31
32 Tree Abuse: Tree abuse shall include:
33
34 a. Damage inflicted upon any part of a tree, including the root system, by
35 machinery, construction equipment, cambium layer penetration, storage of
36 materials, soil compaction, excavation, chemical application or spillage or change to the
37 natural grade;
38 b. Hatracking;
39
40 c. Girdling or bark removal of the trunk;
41
42 d. Tears and splitting of limb ends or peeling and stripping of bark resulting from
43 improper proper pruning techniques not in accordance with the current ANSI A300
44 Standards; or
45
46 e. Excessive root cutting.
Page 5
2 f. Damage inflicted to or cutting upon a tree which permits infection or pest
3 infestation.
4
5 g. Cutting upon any tree which destroys its natural shape.
6
7 h. Use of climbing spikes.
8
9 i. Fastening any sign, rope, wire or object by nail, staple, chemical substance, or
10 other adhesive means to, through or around any tree.
11
12 j. Any pruning in violation of the practices established by the National Arborist
13 Association.
14
15 k. Any act that would cause a tree to become nonviable.
16
17 Tree Removal: See definition under Sec. 20••4.5(A).
18
19 Tree Removal Permit; The permit required to remove and /or relocate existing tree(s) on
20 or from a subject property.
21
22 Tree service /arborist: Any person, company, corporation or service which, for
23 compensation or a fee, performs tree maintenance and protection.
24 (C) Applicability.
25 (1) The provisions of this article shall apply to all public or private property within
26 the City unless expressly exempted by law.,
27 (2) Any tree removal on a public or private right -of -way or on property owned by
28 the City shall also be subject to the requirements of this Section which requires a
29 permit from Public Works.
30 (3) All mangrove trees and any tree located upon land which is wetlands as defined
31 in Section 373.019, Florida Statutes as amended from time to time, shall also be
32 subject to the permitting requirements of Chapter 24 of the Miami -Dade County Code, as
33 amended.
34
35 (D) Authority to supervise, enforce, modify and supplement regulations.
z�
37 (1) The enactment and enforcement of the regulations in this section is provided
38 for and consistent with the provisions set forth in Florida Statutes 163.3211 and
39 163.3213(2)(b).
40
41 (2) Planning Department. It shall be the duty of a designated representative of the
42 Planning Department to supervise compliance with the regulations contained herein
Page 6
I and to cooperate with, and assist, the code enforcement division in the prosecution
2 of any regulation violation cases.
3
4 (3) Code Enforcement Division. It shall be the duty of the code enforcement division to
5 prosecute violations of the regulations contained herein. The Code Enforcement
6 Division may prosecute violations in conjunction and cooperation with the
7 Planning Department or on its own initiative.
8
9 (4) Special Master. The special master shall have the authority to hear and decide appeals
10 as set forth in Section 20 -4.11 (M) and to enforce the provisions set forth on Section
11 20- 4.11(0)(3) as it pertains to irreparable or irreversible violations.
12
13 (5) City Commission. The City Commission will receive and review all
14 recommendations referred to it by the Planning Board for modification of existing
15 regulations or the addition of supplementary regulations. Any decision to enact
16 regulation modifications or supplementary regulations shall remain within the sole
17 and exclusive legislative jurisdiction of the City Commission.
18 (E) Tree Removal Permit - Applications.
19
20 (1) Permit, When Required. A tree removal. permit shall be required for the removal or
21 relocation of any tree within the City unless exempted by Section 22.03. A
'22 tree removal permit shall also be required for the pruning or trimming of more
23 than 25 percent of the canopy of a tree. No person, or representative thereof,
24 shall directly or indirectly cut down, remove relocate or effectively remove through
25 tree abuse any tree situated within the City without first obtaining a tree removal permit
26 as hereinafter provided. No building permit for any work that has the potential to affect
27 trees including new construction additions, carports pools decks fences driveways,
28 parking lots, tennis courts, demolition, or similar work, shall be issued by the Building
29 Department unless the Planning Department has determined that no tree removal permit is
30 required or that a valid tree removal permit has been issued in accordance with this
31 section.
32 (2). Application Requirements. Applications shall be made on the form provided for that
33 purpose and shall include a written statement indicating the reasons for the removal or
34 relocation of each tree. The following documentation and any applicable fees shall
35 accompany applications.,
36 (a) For applications for tree removal in conjunction with new construction including
37 additions pools and decks, a tree survey drawn to scale identifying the species and
38 listing the height, spread and diameter of all existing trees shall be provided, Said
39 survey shall be prepared by a Professional Land Surveyor, licensed in the State of
40 Florida. In addition, the applicant shall submit site photographs with the trees in question
41 identified.
42 (b) For applications for tree removal in conjunction with an other activity requiring a
43 building permit or for any other tree removal, a site plan drawn to scale identifying
Page 7
I the species and listing the height, spread and diameter of all existing trees shall be
2 provided. Said site plan may be limited to the immediate area of the proposed
3 work, and photographs of the existing trees within said area may be acceptable in
4 lieu of tree identification regarding species, height, spread and diameter.
5
6 (c.) A tree disposition plan drawn to scale identifying and listing all existing trees
7 and specifying the condition of each tree and whether said trees are to remain, to be
8 removed and/or to be relocated. The plan shall also illustrate the location of all existing
9 structures and/or all proposed new construction, as applicable, the location of any
10 overhead and/or underground utilities and the new locations of existing trees to be
11 relocated on site. For applications involving the construction of a new building(s) the
12 tree disposition plan shall be prepared by and bear the seal of a landscape architect
13 currently licensed to practice in the State of Florida.
14
15 (d) A tree mitigation plan prepared in accordance with Section 20 -4.11.
16
17
18
19 reowd, as + a the Miami Dad C
20 updeAed, +i.• +i i a..,.a 000 E ,.+ =QgL31 ^ +ti
21
22
23
24 (e) An application fee as set forth herein in Section 20- 4.11(F).
25
26
27 (F) Tree Removal Permit -Fees
28 (a) An application fee of $50 4 for each tree which is to be subject to removal with a
29 maximun fee of $500.
30 (b) Fees set forth herein shall also be established pursuant to Ordinance No. 15 -04 -1822,
31 as amended, "Planning Processing Fee Schedule," of the City of South Miami.
32 Applications from government agencies for tree removals solely in areas dedicated to
33 public use may, at the discretion of the City Commission, be exempted from application
34 fees and permit fees.
eRI
36 (G) Tree Removal Permit- Review of Application
37 Upon receipt of a completed as application the Planning Department—hereinafter
38 referred to as Department shall review the application IFor compliance with the regulations
39 as set forth in this section such review shall include a field inspection of the site and,
40 referral of the application to other departments or agencies as necessary, Within 15
41 calendar days of the receipt of a completed application, the Department shall issue an a
42 preliminary decision approving, denying or approving with conditions said application.
43
44
45
Page 8
I (H) Tree Removal Permit- Notice
2 Within 24 hours of the issuance of a preliminary decision to approve an application for a
3 tree removal permit, the Planning Department shall:
4
5 (a) Notify the applicant in writing and post a notice at City Hall and on the City's
6 web site.
7 Notice shall also be provided to the City Manager and City Commission.
8
9 (b) Mail a copy of the preliminary decision to the owner of the subject property,
10
11 . The
12 notice shall set forth the date on which the preliminary decision will become final
13 and a permit issued. The notice shall also advise receipients of the appeal
14 provisions set forth in Section 20 -4.,11 (M).
15 (c) Provide to the applicant a posting notice advising of the decision. The applicant
16 shall
17 be responsible for postings the notice of the preliminary decision on or adjacent to
18 the property in a location visible to the eg neral public. The posting is to remain
19 visible on the subject property for 10 calendar days from the posting date. Failure
20 to post the notice or maintain the post in an area visible to the general public shall
21 invalidate the application.
22
23 (I) Tree Removal Permit - Issuance of Permit
24 If no appeal in accordance with Section 20- 4.11(M) is timely filed within 10 calendar days
25 of the issuance of the preliminary decision, the tree removal permit if originally approved
26 by the Planning_Department shall become final and a permit shall be issued. The property
27 owner shall be responsible for insuring that the tree removal permit is displayed until the
28 authorized work is completed.
29 (J) Tree Removal Permit - Final Inspection
30 No later than six months following the completion of the authorized work, the applicant
31 shall schedule a final inspection with the Planning Department for verification and
32 acceptance of the final authorized work. Failure to comply with the permit conditions
33 shall be considered as a violation and shall be subject to enforcement and penalities as set
34 forth in Sections 20-11 (N)(0).
35 (K) Tree Removal Permit- Criteria and Conditions for 44ree Removal and
36 Relocation.
37
38 (1). Criteria for Tree Removal. No permit shall be issued for tree removal from the
39 site unless one of the following criteria exists:
40
41 (a) The tree is located in the buildable area or yard area where a structure or
42 improvement may be placed and unreasonably restricts the permitted use of the property.
Page 9
2 (b) The tree is diseased injured or in danger of falling interferes with utility services
3 creates unsafe vision clearance or is in danger of materially impairing the structural
4 integrity of an existing. or proposed structure.
5
6 (c) The tree is an exotic tree species and will be replaced with a native tree species to
7 promote good forestry practices; creates a health hazard interferes with native tree
8 species or creates a negative impact on natural land features such as rock outcroppings,
9 sink holes or other geological. historical or archeological features.
10
11 (d) It is in the general welfare of the public that the tree be removed for a reason
12 other than set forth above, as determined by the Planning Department.
13
14 (2). Conditions for Tree Removal, Relocation and Replacement. Any or all of the
15 following conditions may be required:
16
17 (a) The applicant may be required to redesign the project to preserve specimen trees or
18 any other tree determined by the Planning Department to be of substantial value due to
19 its species size age form and /or historical significance, and to provide an alternate plan,
20 when feasible, which shall include the preservation of said tree(s) and design alterations
21 within the scope and intent of the initially proposed plan.
22
23 (b) Where practical specimen trees or an other tree determined by the Planning
24 Department to be of substantial value due to its species size age form and/or historical
25 significance, that is proposed for removal shall be relocated on or off, site. The applicant
26 shall adhere to acceptable tree relocation specifications, in accordance with ANSI A300
27 Standards.
28
29 (c) If it is impractical to relocate said tree(s) either on or off -site, because of age, type
30 or size, the applicant shall be required to replace all trees permitted to be removed in
31 accordance with the tree mitigation requirements in Section 20- 4.11(K).
32 (d) The Planning Department may require that the applicant provide a written
33 report from an independent Certified Arborist before making any determinations in
34 conjunction with this section. The Department may also require monitoring by a
35 Certified Arborist during construction to assure tree preservation.
36 (L) Tree Removal Permit- g Mitigation
37 (1) Tree Mitigation Chart. The Tree Mitigation Chart, below, shall be used to
38 determine the total number and size of trees that shall be planted as mitigation for
39 all trees permitted to be, removed. Mitigation is based on the diameter in inches
40 (DBH) of the trees to be removed. To determine the required mitigation, calculate
41 the total sum in inches of the diameters of all trees to be removed. This sum will
42 result in one, single number in inches that represents the combined total of the
43 diameters of all trees to be removed. Diameter measurement shall be rounded up to
44 the nearest inch.
Page 10
k
46
47
48
Total diameter of tree(s) to
be removed (Sum of inches
at DBH)
251-3"
4" — 6"
715-1211
13" — 18"
19" — 24"
25 " -30"
31 36"
37" — 42"
43" — 48"
49" — 60"
49
Tree Mitigation Chart
Total number
of
replacement
trees
required (2"
DBH
minimum each;
12'
minimum height)
1
2
4
6
8
10
12
14
16
20
Page 11
Total number of
replacement trees required
OR (4" DBH minimum each;
16 minimum height),
or
or
or
or
or
or
or
or
or
or
0
1
2
3
4
5
6
7
8
10
2'
3 If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the
4 additional Inches, shall be added cumulatively from the top of the chart, down to the
5 bottom of the chart, to calculate the' number of trees required as mitigation.
6
7 (2) Tree Species. Trees installed as mitigation shall be trees of native or non - native
8 species. When more than 10 trees are installed as mitigation, a diversity of species
9 shall be required as per the Tree Species Diversity Chart, below,
10
11 Tree Species Diversity Chart
Required number of trees Required minimum number o species
11-20 2
21-50 4
51 or greater 6
12
13 (3) Prohibited Species, Mitigation shall not be required for the removal of any prohibited
14 species except Ficus altissima (Loft Fig) and Ficus benghalensis (Banyan Tree) and no
15 fees shall be charged.
16
17 (4) Tree Quality. Trees installed as mitigation in accordance with this section shall conform
18 to, or exceed, the minimum standards for Florida Number One as provided in
19 the most current edition of " Grades and Standards for Nursery Plants, Part I and II, "
20 prepared by the Florida Department of Agriculture and Consumer Services. Trees shall be
21' planted according to sound nursery practices as illustrated in the Landscape Manual.
22
23 (5) Off -Site Mitigation. If the total number of trees required as mitigation cannot be
24 reasonably, planted on the subject property the applicant may enter into an agreement with
25 the City as approved by the Planning_Department, to plant the excess number of
26 replacement trees on public property within the City.
27
28 (6) Tree Trust Fund. If the total number of trees required as mitigation cannot be reasonably
29 planted on the subject property, but as an alternative to the off -site mitigation provided in
30 Section 20- 4.11(K)(5),' the applicant may contribute into the City's Tree Trust Fund the
31 sum of five hundred dollars ($500.00) for each 2" DBH tree required as mitigation in
32 accordance with Section 20- 4.11(K)(1).
33
34 (N) Tree Removal Permit- Appeals, .Appellate Fees
35 (1) Appeals to the Special Master. The property owner, the applicant, or any
36 aggrieved party having standing under Florida law, may appeal to the Special Master
37 as established in accordance with Section 2 -24 of the South Miami Code of
Page 12
I Ordinances any decision of the Planning Department on matters relating to applications
2 for tree removal permits by filing within 10 calendar days after the date of the
3 preliminary decision a w ritten notice of appeal to the Planning Department. The
4 notice of appeal shall set forth concisely the decision appealed from and the reasons
5 or grounds for the appeal. The Special Master shall hear and consider all facts
6 material to the appeal. The Special Master may, affirm, modify or reverse the
7 decision of the Planning Department. All appeals to the Special Master shall be
8 accompanied by a fee of one hundred and fifty ($150) dollars.
9
32
10
oneS
11
+
of c•/1
43.
--iling labels the "AMR
Ad-1-088 Y«,.P,
' n
' n + n. A, 1,. ,.t1
12
WOO Q as QQ =0nomiad nag tLa 1,,r•
. _ x 3Ar.Q; tax
13
a +>, +i i a a i i nm_
s i
' +1 ,,, ,,. . +_ - h ,.i. th o
14
®i �to`-
�7,�
® �6- nn*'w-IIQ*A+ ,.1._..11 ^7 ss ia
15
37
16 (a) Notice. The Code Enforcement Division shall mail a notice of the time
17 and place of the Special Master's consideration of the appeal shall be mailed
18 at least 10 days in advance of the hearing to the owner of the subject
19 property, the appeal appellant, and the owners of the adjacent properties.
20
21
22
23 (2) Appeals to City Commission. The property owner, the applicant, the Planning
24 Department or an aggrieved party having standing under Florida law may appeal to the
25 City Commission a decision of the Special Master on matters relating to applications
26 for tree removal permits by filing within 15 calendar days after the date of the
27 decision a written notice of appeal with the City Clerk. An appeal filed pursuant to this
28 section shall be accompanied by a fee of one hundred and fifty ($150)
29 dollars. The notice of appeal shall set forth concisely the decision appealed from
30 and the reasons or grrounds for the appeal.
31
32
oneS
-�fin�
33
p����isczvcx
v cccl�®
oc,
35
>, & of a:,,
c +>^ r t >, +>;
1 + rA
36
37
tLo _ ..ua:+_, , fthe .,,,.,.;t :
38 (a) Notice. The City Clerk shall snail a notice of the time and place of the
39 City Commission's consideration of the appeal shall be mailed at least 10
40 days in advance of the hearing to the owner of the subject property, the
Page 13
1 appeal appellant, and the owners of the adjacent properties -• `'''„ +''r�
3 p
4 (b)The City Commission shall hear and consider all facts material to the appeal
5 and may affirm, modify or reverse the Special Master's decision. The decision of
6 the City Commission shall constitute final administrative review, and no petition for
7 rehearing or reconsideration, shall be considered by the City. Appeals from
8 decisions of the City Commission may be made to the courts as provided by the
9 Florida Rules of Appellate Procedure.
10
11 (3) No Tree Removal Permitted During An Appeal. Upon timely submission of an
12 appeal made
13 pursuant to the requirements of this section, no removal of any trees which could be
14 affected by the subject appeal shall occur, pending final disposition of the appeal.
15
16 (N) Tree Protection
17 (1) Tree Protection during Construction. Trees shall be protected during construction
18 through the use of protective barriers in accordance with the Landscape Manual. Trees that
19 are to remain shall be clearly identified with tags, A protected area with a radius of 10 feet shall
20 be maintained around trees to remain in accordance with the Landscape Manual, unless a
21 certified arborist otherwise determines in writing that a
22 smaller or larger protected area is acceptable for each tree, or an alternative tree protection
23 method is recommended.
24
25 (2) Understory plants within protective barriers shall be protected.
26
27 (3) No oil, fill, equipment, building materials or building debris shall be placed within the
28 areas surrounded by protective barriers, nor shall there be disposal of any waste materials
29 such as paints, oils, solvents, asphalt, concrete, mortar or any other materials, including
30 chemicals, harmful to trees or understory plants within the areas surrounded by protective
31 barriers.
32
33 (4) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise
34 inflict damage to the tree.
35
36 (5) Natural grade shall be maintained within protective barriers. In the event that the
37 natural grade of the site is changed as a result of site development, such that the safety of
38 the tree may be endangered, tree wells or retaining walls are required.
39
40 (6) Underground utility lines shall be placed outside the areas surrounded by protective
41 barriers. If said placement is not possible, disturbance shall be minimized by using
42 techniques such as tunneling.
43
Page 14
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,
3 using techniques such as discontinuous footings, to avoid damage to major roots.
5 (8) During demolition and/or development, including installation of irrigation systems or
6 any other underground installations, protective barriers shall be placed around each tree and
7 shall remain in order to prevent the destruction or damaging of roots, stems or crowns of
8 such trees. The barriers shall remain in place and intact until such time as approved
9 landscape operations are completed however barriers may be removed temporarily to
10 accommodate construction needs, provided that the manner and purpose for such temporary
11 removal will not harm the trees. The trees shall be properly irrigated throughout the building
12 process. Trees damaged during construction shall be subject to the provisions of
13 Section20- 4.11(0).
14
15 (9) Tree Pruning /Trimming. The pruning or trimming of any tree shall be in accordance
16 with Guidelines in the Landscape Manual. No more than 25 percent of a tree's living canopy
17 shall be removed within a one -year period. The practice known as "hat racking" is not
18 permitted and shall be considered a violation of this article. Any other tree abuse, or activity
19 that can effectively destroy a tree, shall also be considered a violation of this article. A
20 violation of this section of the code shall be mitigated in accordance with Section 20-
21 4.11(0).
22 (0) Enforcement
23 (1) Jurisdiction. The Code Enforcement Division shall have jurisdiction for the proper
24 and effective enforcement of this section. The Division shall have the right to inspect
25 subject properties in accordance with the approved tree removal permit and the provisions
26 of this Section.
27 (2) Individual Enforcement. Each tree removed without a tree removal permit shall
28 constitute a separate and distinct violation and shall be the subject of individual enforcement.
29 (3). Tree Viability After Project Completion. If the-Division-determines that a tree is
30 not viable, alive and growing one year after all associated development activity
31 on the property is completed the Division shall require that said tree be replaced
32 with the same tree species and size which was originally planted or relocated, as per
33 the approved tree removal permit.
34 (P ) Penalties, Remedies Cumulative
35
36 (1) Fine. Any person, or agent thereof, who removes a tree without a tree removal
37 permit, shall be fined $500 per violation plus mitigation in the form of replacement
38 trees. Each tree removed without a tree removal permit shall constitute a separate and
39 distinct violation, subject.to a separate fine and mitigation. This provision does not apply
40 to the exemptions set forth in Sec. 20- 4.11(P)
41 (2) Tree Mitigation Required. In addition to the monetary fine established above, the
42 planting of replacement trees shall be required. The number of trees required as
43 mitigation for each tree that was removed without a permit shall be based upon the
Page 15
I Tree Mitigation Chart for Trees Removed Without a Permit, below. If the total
2 number of trees required as mitigation cannot be reasonably planted on the subject
3 property, the applicant may contribute into the City's Tree Trust Fund in,an amount
4 based upon Chart below. Mitigation shall be achieved no more than sixty (60) days after
5 the violation has been committed.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Tree Mitigation Chart for Trees Removed Without a Permit
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; 12'
minimum each; 16'
minimum height)
minimum height)
2" —3"
1
or
$1,000
451— 6"
2
or
$2,000
7" —12"
4
or
$4,000
1311— 1895
6
or
$6,000
19" — 24"
8
or
$8,000
2591-3099
10
or
$10,000
31" — 36"
12
or
$12,000
37" — 42"
14
or
$14,000
43" — 48"
16
or
$16,000
495)-6011
20
or
$20,000
(3). Irreparable or Irreversible Violations. In the event the Special Master finds the
removal of any tree without the required permit to be irreparable or irreversible in nature
it may impose a fine not to exceed five thousand ($5,000) dollars per violation or a
greater penalty as provided by law, plus mitigation in the form of replacement trees.
In determining the amount of the fine the Special Master shall consider in accordance
with Section 162.09, Florida Statutes, as amended, the following factors:
(a). The gravity of the violation:
(b) Any actions taken by the violator to correct the violation; and
(c ) Any previous violations committed by the violator.
(4) Withholding of a New Building Permit. The removal of any tree in violation of this
section shall constitute grounds for withholding new building permits directly related to
said tree removal until the violation has been corrected, including the payment of all fines
and the planting of all trees required as mitigation pursuant to this section. Alternatively
in order to obtain the new building. permit the person in violation may post a
payment and performance bond pursuant to 255.05 of the Florida Statutes naming
the City of South Miami as Obligee. The bond shall be in the amount of ten
percent of the construction cost or ten percent of the appraised value of the property if
Page 16
I no construction exists, The bond will be maintained in place until the violation has
2 been corrected, pursuant to this section. In the event a bond is not feasible, the City
3 may accept an irrevocable, unconditional letter of credit, in the previously stated
4 percentages, naming the City as Payee. This section shall not apply to complete
5 applications submitted to the City on the effective date of this ordinance.
6
7
8 (5) Withholding of a Certificate of Occupancy. The Planning Department shall not
9 approve the zoning inspection required for a temporary or final Certificate of
10 Occupancy until all violations of this section have been corrected including the
11 payment of all fines and the planting, of all trees required as mitigation, pursuant to
12 this section.
13 (6) Remedies Cumulative, The remedies provided in this section shall be
14 cumulative to all remedies provided by law and /or equity and the. election of one shall
15 not preclude the other.
16 (7). Costs and Fees: In the event the City institutes any civil action to enforce the
17 terms of this section in a court of competent jurisdiction the City shall be entitled
18 to recover the fines imposed pursuant to the violation(s), the cost of trees required
19 as mitigation, the costs associated with the investigation and prosecution inclusive
20 of a reasonable attorney's fee for the prosecuting attorney together with any equitable
21 and legal remedies deemed reasonable and proper by the court.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
(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.
(6) Removal of any of the following nuisance tree species:
SPECIES
Acacia Auriculiformis
Page 17
COMMON NAME
Earleaf Acacia
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
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 cumini
Java Plum
Thespesia populnea
Mahoe
(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
Page 1 F)
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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.
PASSED AND ADOPTED this — day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
' :110i "I
MAYOR
1 st Reading —
2 "a Reading —
Page 19
2006.
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
From Vice Mayor Randy G. Wiscombe to the City Commission Members, January 23, 2007, regarding a
moratorium on McMansions;
Let me make it clear from the very start I am not against development. I am just for doing it smart. We
are being subjected to change in our community that is going; to have a direct impact on the face of South Miami.
We are not Pinecrest. We don't have a multitude of one acre lots to develop. Neither are we Palmetto Bay nor
Cutler Bay where lots are much larger. I wish to make it clear that the reason I brought this item forward is that it
has now become a quality of life issue. It's an issue of lot splitting, which, Mr. Mayor, you and I addressed a few
years ago in an ordinance when jamming large homes on smaller lots became a problem. I have no problem with
a large two -story home provided it fits on the lot and gives space to the surrounding neighbors. If the lot size can
accommodate a two -story house then I believe a two -story house should be allowed. However, when the lot is a
small lot, or when the lot has existed with a single story home on it, I don't think people who have lived in the
city 20 or 30 years should have their quality of life compromised just for the sake of development. I think it's
wrong. I think it's insensitive for the developer to come in, build a big house, cash out and leave. In the end, we
as a community are left holding the bag and living with the aftermath. We must preserve the character of our
neighborhoods. Setbacks may need to be adjusted, tree canopy should be preserved, and the quality of life should
be protected. Aerial views show that our tree canopy is one of the best in the county. Our city will begin to lose
these things if we are not careful. Therefore, we are going to start losing the quality of life that we have known
for years.
Folks, I can't tell you the number of people who have come down my street to visit who say what a
beautiful street it is. They say it reminds them of how Coconut Grove used to be. I don't want to see this happen
to our community. People don't move into South Miami to build two -story homes and McMansions. They come
to South Miami to enjoy it for what it is and for what it has to offer. The commission has an obligation to
preserve that quality of life and the character of all the neighborhoods no matter if it's Dante Fascell, my street,
the north end of the city, the CRA.
It is my intention to bring forth the moratorium so that we can determine what it is we want as citizens of
this community. I am asking that the community come, together the way it did to develop the Hometown Plan,
Hometown II, and the Hometown'Overlay. What do we want our city to look like? What quality of life do we
expect and want as citizens? Do we want to let the developers come in, bulldoze everything down and make it
like every other place in Miami -Dade County? If so, that is not why I came to South Miami. I live in South
Miami for the community that it is. I like the character of older homes. I like the peace and the quaintness of each
neighborhood. I don't want to see that destroyed and the small homey feel ruined. If this is destroyed we will
become like Weston and many of the newer communities. I am bringing forward this resolution so we can have
an open discussion and dialogue. Years of experience has shown me how things move along in this kind of
process. I requested 8 months in the proposed moratorium. I am proposing the following things be done by the
Commission in this process:
1. A workshop should be held with the Planning Board. 2. A workshop should be held with the ERPB.
3. A workshop should be held with the citizens. 4. A community workshop should be held to compile the input of
all groups involved in the process and a final report be done and used as a guideline for further development
regulations.
Again I have nothing against development. If it is a good project for the community, I've been there to
support it. I am taking the same approach here. I believe that McMansions are not in keeping with the
Hometown Plan. They're overdone, overstated and not in keeping with the neighborhoods. Let me paraphrase
something you have said Mr. Mayor, "We shouldn't play the game of Monopoly and try to squeeze a hotel from
Park Place or Boardwalk onto Atlantic or New York Avenues." Or in your words, "You can't take a 10 lbs. sack
of potatoes and stuff it into a 5 lb. sack ". I am asking that you support me tonight and put the moratorium in place
so that we can determine the future of this community. We have that in our hands right now. We have done a
good job with our downtown area and we have an obligation to protect our neighborhoods and the quaiity,of life.
Please understand that if a large two -story home is built among single story homes, the privacy of the neighboring
residents is now compromised. Life for these homeowners as they knew it has now changed. Somebody will be
watching over you all the time. I ask for your support and I hope you will at least give the process it due. Thank
YOU.
I believe we have an obligation to listen to our constituents and figure out how to resolve this issue. I
don't want South Miami to become like every other community around us. If you don't believe me, take a
drive east of Red Road to High Pines or what use to be High Pines ... the houses are wide and they are high
but my question is, WHERE ARE THE PINES ? ? ??
Let Your Voice Be Heard! Please attend the next South Miami
Commission Meeting Tuesday, February 6, 2007, 7:30 P.M., City Hall