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O-09769
J-83-945 10/20/83 9 7 6 ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 17 ENTITLED "ENVIRONMENTAL PRESERVATION" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS 17-1, 17-3, 17-5, 17-6, 17-7, 17-81 17-9, 17-10, 17-11, 17-12, 17-15, 17-16 and 17-17 BY CLARIFYING LANGUAGE, FEES AND PRO- CEDURES PERTAINING TO TREE REMOVAL, CERTIFI- CATES OF APPROPRIATENESS, AND TREE REMOVAL ENFORCEMENT; BY REQUIRING PERFORMANCE BONDS AND FLORIDA LICENSES FOR LANDSCAPE ARCHITECTS AND LANDSCAPE CONTRACTORS AND SHORTENING THE APPEAL PERIOD; FURTHER, ADDING NEW SECTIONS 17-18 AND 17-19 PERTAINING TO REVISED FEE SCHEDULES AND UNIFORM STANDARDS FOR HANDLING CASES OF ILLEGAL TREE REMOVAL RESPECTIVELY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Chapter 17 of the Code of the City of Miami, contains, inter alia, regulations and approval procedures for tree removal throughout the City and development within desig- nated Environmental Preservation Districts; and WHEREAS, Chapter 17 of said Code has not been comprehen- sively updated since 1973; and WHEREAS, changed conditions have indicated a need to amend the regulations and procedures contained within Chapter 17 to assure continued adequate and efficient management of the City's Environmental Protection apparatus; and WHEREAS, the Miami Heritage Conservation Board, at its meeting of September 20, 1983, Item No. 5, following an adver- tised hearing, adopted Resolution No. HC-83-43, RECOMMENDING APPROVAL, with modifications, of changes to the City Code, as hereinater set forth; and WHEREAS, the Miami Planning Advisory, Board at its meeting of October 19, 19831' Item No. 2, following an advertised hearing, adopted Resolution No. PAB-121-83, by a 5 to 0 vote, RECOMMENDING APPROVAL, with modifications, of amendments to the City Code, as hereinafter set forth, and WHEREAS, the City Commission after careful consideration of this hatter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to end. the City Code as hereinafter set forth; 1r NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 17 of the Code of the City of Miami, Florida, is hereby amended in the following particulars: 1 "Chapter 17 ENVIRONMENTAL PRESERVATION * r_1 Section 17-1. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Buildable area: The portion of a site exclusive of the required yard areas as defined b Ordinance No. 9500, Zoning Ordinance of the City of Miami, Florida and Its successors. en-whieh-a-stet:etere-ee-tmprevemente-may-be eree eels Development activity: The carrying out of any building operation, or making any material change in the use or exterior appearance of any structure or +and use ekarneter: site. Dri line: A vertical line running from the outermost horizontal circumference of the tree branches and exten3ing to the ground. Tree: Any self-supporting perennial plant which has a trunk diameter of three (3) or more inches, measured at its narrowest 20int up to t�ir-ee (3) feet above graiget or N to -aermn y-greNs-te-an-evera��-height-ef f+fteen-{}53-feet: twelve or more feet in height. Tree removal: Act of cutting down, destroying, moving or effectively destroying through damaging a tree situated on any real property within the City as defined in Section 17-3. " - �fnrei-Wren------the-f ree�tT-e#de-and-rear-Yard-areas-ns - eetab�#shed-and-rege#raa-by-the-eemprehens#ve-SeR#rig Arelfnanee-ef-the-E�ty-ef-M#emir-erdtnante-Ne:-68��: Viable: The term "viable", as used in this Chapter, shall refer to a tree, which in t o Jud4ment of the enforcement agency, s ca able of sUstaining its own life processes, unaided y man, or a reasonable period of time. 1 Section 17-3. Applicability of Chapter, Words and/or figures stricken through shall be deleted. Under- scored words and/or figures shah be added, The remaining provisions are now in effect and remain unchanged, Asteriaks. indicate omitted and unchanged material. 0 is The terms and provisions of this Chapter shall apply to real property as follows! (1) All vacant and undeveloped property. (2) All property to be redeveloped. (3) All property where there is to be an addition or alteration. (4) All private rights -of -way. f6}--The street yard areas of a++ prepert#es deae�eped-H#th-sfreq#e-fam##Y-and-tMe-fain#��* dwe#l#ngs and the yard areas of all ether develeped-greperty7 (5){6} All property within a designated Environ- mental Preservation District. (6) All develo ed property. However, the interior side and rear yard areas of existing single am and duplex sites shall be exempt from the provisions of this C apter when less than five (5) trees are removed from t o site within an s x-monthperiod; and where suc ro ert is not located within an Environmental Preservation District. Section 17-5. Heritage Conservation Officer The Heritage Conservation Officer, as provided in Section 62-75 of Article VII, Chapter 62 of this Code shall be responsible to assist the Heritage Board and to carry out the following duties: (1) Serve a secretary to the Board. The appointee shall attend all meetings of the Board and maintain a record of the proceed- ings of the Board, showing its action on each application. The appointee shall schedule and provide notification of the Heritage Conservation Board meetings to applicants and other department and agency representatives. (2) Upon receipt of a proper application for tree removal or dev�elo_2ment activity within the designated Environmental Preservation Districts, review such application, which may include a field check of the site and referral to other departments or agencies as necessary to determine any adverse effect upon the general public welfare, and deter- mine whether a Standard or Special Cert=- Cate of A122roval is required.. (3) Maintain and update an official map delineat- ing Environmental Preservation Districts and a photographic documentation of all official designated sites. (4) Work with other city departments and commun- ity environmental groups as required to protect and preserve the natural environment through public education and encouraging sound environmental policies. 3 t r. (5) Evaluate applications for Standard Certifi- cates of Approval and render a decision baseJ upon the standards ana eand"i'tions for tree removal and t e review standards for tree removal and development activity w th n Environmental. Preservation Districts. tracts. (6){6} Ensure that notice of the application for a Special Certificate of Approval tree -removal permit is given as required in Section 17-14. mafled-te-edleeent-property-ewners7 (7)f6} Prepare summary reports of all decisions on tree-remeval-permft Certificate of Ap2roval applications. The report shall briefly summarize the conditions and criteria for tree removal and the decision of the Heritage Conservation 6fffeer: Board or Officer. (8)f4+ Transmit to the Department of Fire, Rescue and Ins ection Services bn��dtng-and-sentng 3nspeetten department a copy of the tree removal Certificate of Approval and a copy of the approved plan. A tree removal permit or building permit shall be issued by tFie Department of Fire, Rescue and Inspection Services. building and aen*ng +nspeet+en department as required. Section 17-6. Environmental preservation districts. (D) Effects of designation. (1) Once an area or site is officially designated as an environmental preservation district, all development activity or removal of trees within that area must be reviewed by the Heritage Conservation Officer, beard, and a Certif cate of Approval, Standard or Special, must be granted under ES-e provisions of Section 17-7(B) be ore a tree removal permit or a bull3ing permit will be issued by the ba��d�ng -and-zen#ng-#nspectten-department: Department of Fire, Rescue and Inspection Services. Section 17-7. Removal of Trees Not Located in Environ- mental Preservation Districts. Pere► to and-eertt ieates-ef-appreva;-Genera+iy: {A} -Removal of Tree$ Net beeated in Hnvirenmenta+ Preservation-B+strfet: (A) {-I} Permit required. No person and no agent or representative thereof, directly or in- directly, shall cut down, destroy, move or effectively destroy through damaging any tree situated on any real property as described in Section 17-3, without first obtaining approval and a tree removal permit as hereinafter provided. No permit for development activity shall be issued by tame Department oz Fire, Rescue and Ins ection Services untilm t as etersne_ that no 4 (B) Aeplication. Permits for removal, reloca- tion or replacement of trees covered herein shall be obtained by making app scat on for permitto tie Department of Firel. Rescue and Ins ect on Services. The a p ication shall nclude a written statement indicatinq the reasons for removal, relocat on o_r�replace - ment of each trees. A liccations involving development activity s all be accompan ed by three (3) co ies of a legible s to lan drawn to a minimum scale of one (1) inch equals twenty (20) feet, indicating the following: (1) Location of all existing or proposed structure improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and spatial relationships. (2) 1,- - - - ng and proposed site elevations? grades and major contours. (3) Location of existing or proposed utility services. (4) The location, common and botanical name, trunk diameter, and approximate height and spread of all trees on the site designating the trees to be retained, removed, relocated or replaced. Groin of trees in close proximity may be designated as clumps of trees, with the predominate type and estimated number and average diameter noted. (5) Tree information required above s all be summarized in legendtorm on the p an and shall include the reason for proposed removal, relocation or replace- ment. (C) f2; Review. Upon receipt of a complete proper application, the Department of Fire, Rescue and Ins ection Sery ces build ing-and-zoning' inspection department shall review such application, for compliance with the criteria and conditions for tree removal in Section . Such review which may include a field check of the site and referral of the application to other departments or agencies as necessary to determine any adverse effect upon the general public welfare, adjacent properties or city services and facilities. T _ and render a decision Within fifteen (15) days of receipt of a completed application, the Department off Fire, Rescue and Inspection Services shall render a decision. f3;--Rppea�e:=-Any-e ttsen-rnaY-appea}-any-epee#seen of the 6eilding and caning inspection department In enforcement of any term or prevision of this chapter to the heritage eenseraat#en-boardT-by-f}}#ngT-within-fifteen f15; days after the date of the initial deeie}enT-a-written-netlee-of-appeal-with-the elty-managerT-with-a-espy-to-the-e4ty-elerkT whieh-shall-set-fortis-preeteely-the-dee#elen appealed-f rem- and -the -reasons -or -groands-for the-appeal:--Baeh-appeal-shall-be-aeeempan#ed by-e-fee-of -twenty-f iee-dollars-+$aSv$G;-te sever-the-casts-af-pnbllsh#ng-and-ma#ling: the-heritage-eeneervat#en-benr3-ehail-hear-at a-pnblie-hear#ng-a}}-facts-water#al-te-the 5 E appeal-and-render-a-dee#s#en-promptly.--�Phe heritage eenservat#en beard may aff4rm7 med#fy-er-reverse-the-dee#s#en-appealed-fremT prey#dad--that-vhe-beard-sha��-net-take-any set#en-wh#eh-eenfl#ete-w4th-er-null4f4es-any ef-the-prov#s#ens-ef-th#s-ehapter: {4} Appli eat #en;--Permlta-f er-remeval7-releea- t4en-er-rep#aeement-ef-trees-severed-herein sha#�-be-ebta#ned-by-making-appl#eat#en-fer perm#t-te-the-Bs#king-and-%oning-lnspeet4en Bepartment: The appl#eat#en shall be aeeempenled-by-a-written-statement-#nd#ea- t#ng-the-reasons-fer-remeval7-relaeat4en-er repleeement-of-trees-and-fear-{4}-eep4es-ef a-leg#ble-s4te-plan-drawn-te-a-m4n4mum-stale of one {l+ #neh equals twenty {26} feet= 4nd#eating-the-fellew#ng-r- {a}---beeat#en of all ex+et#ng er proposed strueture improvements and site uses= properly dtmens#erred and refereneed to preperty-l#nesT-setbaek -and-yard-regu4re- ments-and-spatial-relat4ensh#ps- {b}---Hx#sting and proposed site e1evat#en87 grades-and-maker-eentours- {e}---beeat4en of exlet#ng or proposed utility serelees: {d}--'�h e-eommen -baton#cal-name?-s#se-erect-leeatten ef-all-trees-en-the-site=-designating-the trees-te-be-reta#ned=-removed=-releested-er repleeed---Greups-ef-trees-#n-elese-prex4- m#ty-may-be-designated-as-nelesmpsA-ef-trees= with the predominate type and estimated number-ef-average-d#ameter-neted- {e+---Tree information required above shall be summsr4aed-#n-legend -farm-en-the-plan-and shall #nelude the reason for proposed remeval7-releeat#en-er-replaeement- (D) {5} Board review. Any member of the Heritage Conservation Board may: (1) Require any application for a tree removal permit to be reviewed by the entire Heritage Conservation Board; or (2) Within ten (10) days after the granting of tree removal approval by the build#ng and-peen#ng-tnspeet+en-department Depar�t- me;it of Fire, Rescue and Inspection Services, require any such application to be reviewed by the entire Heritage Conservation Board. The Heritage Conservation Board shall hold a public hearing and render a decision on the matter within thirty {38} forty-five ( 45 ) days from the issuance of the tree' removal permit. In the case of such a review, the decision of the Heritage Conservation Board shall supersede any action of the Department of Fire, Rescue and Inspection Services building and coning tnspeet en apartment and 11 r constitute a final decision subject to a subsequent appeal to the City Com- mission. (E) f6} Effective date. All permits for removal of trees not located in an Environmental Preservation District, wh#eh-are-granted-by the-bsilding-anel-zoning-inspeetien-department shall not become effective until at least ten (10) days after the date of approval; and no removal of a tree or development activity shall commence on the site prior thereto. Hewewer=--upon-receipt-ef-thi9-appravalT-rest pruning -of -trees-designated-to-be-removed-er releeeted-may-bein97 {4}-Referral: At the building and zen#ng inspeet#en department -La diseret#enT an appl#eat+an-for- the- removal -ef- tree a-wh#eh are net located w#thin an environmental pre aervat#en-d#atriet-may-be-referred-te-the beard-f er-their-rev#ew---In-the-ease-of-seeh a reviewT the decision of the heritage eeneervation-beard-shall-eenet#tote-a-final due#sien-sdb�eet-te-e-subsequent-appeal-te the-eity-eemmissien- (F) Permit cards: Within twenty-four (24) hours of the approval of a tree removal _permit under this section, a weatherproof copy(s) of suOh permit smell be erected in full view of the public within five feet of each street side or side nearest a street of the property for which the permit has been issued. The property owner shall be responsible for ensuring that such permit is so displayed until the authorized work is completed. fB}--Remeval-ef-trees-and-Bevelopment-Aet+vity-9eeer- r#ng-in-Bnv+renmental-Preservation-Bistrieta- fl}--Eertif#sate-ef-appreyal-rega#red:--Na-person= agent-or-representative-thereefT-d#reedy-er indireetly7-shall-eat-dewnT-destreyT-move-er effeetively-destroy-through-damaging-a-tree situated an any real property or ether signifieant-environmental-features-within-an Bnvirenmental-Preservation-B#strietT-w#theist first obtaining a eert#f#eate of Approval from the Heritage eenservatien Beard as hereinafter-preyided- f8}-Review:--All-appi#eante-for-a-eertifieate-of approval -to-remove-a-tree-er-fur-development w#thin-an-envirenmental-preservation-distriet must aubmit aeeeptable Appl#eat#ens as described in Section 13-8-r The heritage eons ervatien-beard-shall-review-al}-appliea- tiene-for-tree-remeveler-development-activity within an environmental preservation d#e- tr#etT held a peblie hearing and render a deeisien on the matter within thirty {36} days-after-reee#wing-an-aeeeptable-appl#ea- tien- {3}--Appeals--Any-eitiaen-may-appeal-anY�dee#s#en ef-the-her#Cage-eenaCrvat#en-board-orro�-the arban-deve�:epment-review-boardT-ae-tt-relates te-this-ehnpterT-to-the-city-�am�eilee#ert�bx fil#ngT-with#n-fifteen-#l��-dada-after the date of the dee*eienT a written notice of appeal-wfth-the-eity-managerT-with- e-copy-to 7 am the e#ty elerkT wh#eh shall set Perth eane#sely the dee#s#en appealed from and ressene er greends far the appeal-r 8aeh appeal sha3:3: be aeeempan#ed by a fee of tNenty-f#ae-{¢�5:99}-te-eaves-the-Bests-ef p�bl#eh#ng-and-ma#l#ng-net#ee-ef-hear#ng:-4�he e#ty-eemm#ss#en-shall-hear-and-Bens#der-all feete matey#al to the appeal and render a dee#a#en-premptly---The-a#ty-eemm#es#en-may aff#rmT med#fy er reverse the beard's deeie+en: The dee#s#en of the eity eem- m#ss#en-shall-Banat#tote-f#nal-adm#n#strat#ve revlewT and ne pet#t#en far rehear#ng er reeens#deret#en-shall-be-eene+deredT Section 17-8. Same-Appl#eat#en-regt:#remente-within-the env#renmental preservat#en d#str#ets- Removal of Trees and Development ActIvity within Environmental Pre- servation Districts. (A) Certificate of Approval required. Nope_rson, agent or representative t ereo , directly or indirectly, shall cut down, destroy, move or effectively destroy through d amaging any tree or other environmental) si ni cant feature within an Environmental Preservation District without first obta ning a Certificate of Approval. No person, agent or representative thereof shall commence any develo ment activity within an area visible from a public. way thin an Environmental Preservation District without first obtaining a Certifi= cate of Approval, Standard and Special, as hereinafter provided: (1) Standard Certificates of Approval may be issued by the Heritage Conservation Officer, without review and approval by t o Herita a Conservation Board, for the following classifications of applica- tions: (a) Applications for development activit w ere all existin trees of her than those covered y and (c) below) are to be preserved or relocated onsite. (b) ARplications for removal of trees which are diseasea, injured, in danger of fallin , or interfere with uti t service, create unsa e vision clearance, or conflict w t other ord nances or regu at ons. (c) Applications for removal of trees which are 1 iste in section c as undesirable. (d) Apglications involving tree removal and additions or mo i cat_Fons to existing building, exce t where such addition exceeds fifty ercent of the existing Ti.,E coverage. (e) A22lications involving tree removal and site ii6provements for ex st n buildin s such as but not limited to fences, wallstpa os, rive - wags, fools, etc. 0 (2) Special Certificates of Approval require the approval of the Heritage Con ser- vat ion Board, ancT inch u{c e t e following classifications of app cations: (a) Applications for new development involving removal of existinj trees from the site or alteration o other environmentally significaRt features. (b) Applications for development activity or tree removal not listed in (1) above as eligible for a Standard Certificate of Approval. i (c) Applications referred to the { Heritage Conservation Board on appeal from decisions of the j Heritage Conservation Officer. (B) -{A+ Applications. Generally- All applications for -a -tree -removal -permit -and -for a Certifi- cate of Approval within Environmental preservation Districts by the heritage f eenservatien- eard shall be initially made i to the Heritage Conservation Officer. to -the heritage-tenservatian-beard-end-administrered i by -the -p+anning-department.---the-applteatien mast-speeify-the-name=-address-and-telephone number-ef -the-person-making-the-app�ieat#enT as well as that of the property ownerT if different-f rem-the-applieantT-and-the-street address-and-legal-deseriptien-af-the-subjeet property---the-app�ieetien-ska�l-be-snb�nitted in-twe-f2}-stages-as-here4natter-deser#bed: Applications shall include the following, and shall remain on file with the City. fB}-preliminary applieatien- Applieants shall submit -the -fallowing -information- (1) An official aRplication form, including all requested information, signed by the grogerty owner. A wr*tten statementT = tn�3eat ng-t e-reason-for-the-removal-ef any-trees-en-the-siteT-and-a-site-plan drawn to sealer showing the general leeatien of trees and elgnifieant envirenmental-feateresT-wfth-regard-te yard areasT streeturesT utilities or streets: A minimum of two {.2} pheto- graphsT-adequately-showing-the-trees-and landseape-ehareeter-ef -the-siteT-shall be submitted with the preliminary applieatienT (2) A certified tree survey, prepared by a registerec land surveyor or landscape architect, (except that for developed single family and du ex we ing un tp such survey may be prepared bV the home owner). Such survey shall s ow t_e location of all existing trees, upon the buildable area and the yard area of the entire site as well as all structures paved areas, and natural features. Tree informat on shal be summarized in legend form and shall contain the botanical and common name, trunk 9 diameter, approximate height, and a prox mate spread name= gtre anel -leeatien of trees and landsacpe features on the site. Groups of trees less than three (3) feet apart may be designated as clumps, with the exception that any tree with a trunk diameter six (6) inches or more must be specifically designated. For large site areas on which development activity or tree removal is to occur on only a portion of the site, the required tree survey shall exclude those portions of the site which will not be affected by the development or the removal activity. The Heritage Conservation Officer shall determine the proper extent of the tree survey. f3}-Two-f3}-eepies-of-a--legib-le-prel+minary site-p-lan-design=-indieating-the-fo-l-law- ing-inf er�natien-far-the-enure-sates {a}-beentien=-shape-and-spatfe-l-arrange- ment of a-l-1 bui}dings= waj-l9= strt�etures-and-9ignifieant-natt+ra-1 feattiresr fb}-Genera-1-leeatien-and-deseription-ef surreanding-bui-ldings-and-ad�aeent -land-areas- {e}-beeatienT-shnpe-and-specfa-l-arrange- inent-of-a-l-l-parking-areas-and-eeeess reads.- fd}-Bxisting-trees-to-be-remeved- {e}-Bxf sting-ane-prepesed-grading: ff}-Prepesed-eti-lity-serviees- fg}-Betbaek-and-yard-regeirements- fh}-Bxisting trees remaining in pesi- tienr fi}-Bxisting trees to be re -located= summarizing in -legend form their pest-lens-bef ere-end-af ter-releea- tien- {i}-beeatien of any new trees used as repleeements- t9}--Hpen approval of the preliminary applieatfenT root pruning of trees designated to be removed or releeated may-be-eammeneedr-HeweverT-no-remeva-l-ef a tree or development netivity sha-l-1 eemmpenee-en-the-site=-antil-the-final app-lieatien has been approved and all permits-have-been-ebtained- fe}--Pinsl-appl#eation- f inal-appifentien-shall-inelude-a-li deeemente-end-infermatien-submitted-for the preliminary applieat#onT as set forth in seetien -l4-8 f B+T and any, subsequent redesign: -ln additien7 the final-applieetien-eha+-l-inelnde-e-final site-plan-and-the-eompleted-eeneteeetion deeementes Any deviation from the preliminary-deeigni-ae-it-affeete-trees or ether eignifieant environmental features will be subject to review oeeording to the came er*teria as the eriginai-prefiminarY-applieatisn- 10 {2i--No appreva} shall be given until the adm}n}strat#ve assistant determines that- fa}- The app}teat#en is in eeeerdenee with-the-terms-ef-th+e-ehapter: {b}-There will be temp}#ante with the regd}at#ens-as-eat}fined-fn-seet#en 43}--Any-ehange-frem-the-£#na}-site-p}an-as sdbm}tttd-and-approved-for-tree-remeva} by either the planning department] be4Iding-and-2ening-inspeetien-depart- ment-er-by-the-env4renmenta}-preserva- t4en review beard shall require new app}}eat#en-and-reeva}datten7-#f-trees or ether environmentally signtf}east feawteres-are-te-be-affeeted-by-the-new plan- (3) A minimum of two photographs adequatel showing the genera landscape character of the site and at least one photograph clearly showing each tree proposed to be removed. Each p otograph shall be clearly -labeled and keyed to the site plan. (4) In cases of ap2lications involving only tree removal and no other evelo ment act vit , the follow ng informat on shall Fe ndicated directly upon the tree survey: (a) existing trees to be removed from the site (b) a sting trees to be relocated, including positions before and after relocation. (c) existing trees to remain in posi- tion. (d) Iocation, common and botanical name, caliper, height and spread of all proposed new trees or other plant material. (5) Applications involving development activity wKic re�urrees a building permit shall submit a site plan drawn at a minimum scale of 1 inch to 20 feet including the following: (a) Location, Ta: a and spatial _arrange- ment of—allof—all existing and propose bui in- ss,_ wa s, structures an natural -features. (b) Genera -location and descri tion of surrounding buildings and land areas. (c) Location, sha a and spatial arran e- ment o al par ng areas and access roads (d) Existing and proposedgrading;' (eT Promo o_se utility services. M Setback and and re u- rreemeents. Existing trees to hP remove from the site. _.....-_^� -. (h) Ex i6 ing trees to be relocated, nclud ng posit ons efore and after relocation. - ( i ) Ex st-ng gees to remain in posi- tion. it (j) Proposed landscape plan indicating location, common and botanical name, caliper, height, and sprea of al proposed new trees and other plan material. (k) Signature of a Zoning Inspection Official indIcating com 1 ance with app cable zoning regulations or specifying variances necessary for permitting. (6) Application fee. (C) Application Review: The Heritage Conser- vation Officer shall review the a lication, which may include a site inspection or re erral to of er departments, and determine whether the tXpe and extent of the proposed work falls within the jurisdiction of a Standard Certificate of Approval or a Spec al Certificate of Approval. (1) Where an application is eligible for a Standard Certificate of Aggroval, the Heritage Conservation Officer s a , within 15 days of receipt of a completed application, issue such Standard Certificate of Approval with or without conditions, or deny such Stan and Certi icate of Approval with spec fled reasons therefore. (2) Where the nature and extent of proposed work requires a Special Certificate of Approva , the Heritage Conservation Board -s shall hold a public hearing and take action within 45 days of receipt of a completed application. The Boar shall either authorize a Secial Certificate of Approval, with or without conditions, or deny such Special Certi icate of A2proval with specified reasons therefore. (D) Permits: No permit for development activity or tree removal within an Environmental Preservation District shall be issued by the Department of Fire, Rescue 'and Inspection Services until a Certificate of Approval has been issue pursuant to t is C apter. Suc permit applications shall be approved by the Heritage Conservation Officer to verify conformance with the Certi iiccate of A roval. Tree removal permits authorized y a Stan ar Certificate of Aperoval shall be subject to the ten ) day delaXe- a ective date an post ng requ rements of Section - (E) and (F). (E) Changes in Approved Work: Any change in work pro2osed subsequent to Issuance of a Certifi- cate of Approval shall bi reviewed the Heritage Conservation Officer to determine whether such c an a -would material of ect the Certificate of Approval. It so, such change s a re u re a new Certificate o lf AP2roval ursuant to all standards an procedures in t ispter. Section 17-9. Criteria and Conditions for Tree Removal. 12 9 7 6 (B) {b} Conditions for relocation and replacement. As a condition to the granting of a tree removal permit, the applicant will be required, where practical, to relocate, remove or replace the trees on the site as follows: (4) In the event that a tree is permitted to be destroyed, an applicant may be required to replace the tree with new trees of comparable size, nature and beauty, as determined 'by the De artment of Fire, Rescue and Inspection Services be! ing- and- nentng-tnepeet en- apart- ment or the Heritage Conservation Officer P ann ng department or by the Board. In no instance, however, shall the replacement tree be less than fifteen (15) feet in height and three (3) inches in diameter. (5) In determining the required reserva- t on, relocation, or replacement o trees, the following factors shall be cons dered: (a) Existing tree coverage on the site and in the immediate surrounding area. (b) Number of trees to be removed on the entire site. (c) The type, size and condition of the tree(s) to Se removed. (d) The feasibilitofrelocating the articu ar tree or trees. (e) Topography and drainage of the site. (f) Tne extent to which the tree(s) contribute to the aesthetic, economic and environment —a integ- rity of the surrounding area. (g) The nature of the existing and intended use of t e property. (6) Where tree relocation or replacement is required, the approval agency ma require that landsca a 21ans be prepared by a landscape architect licensed under Chapter 1 of the Florida Statutes an or that landscape work be cart e out by a licensed landscape contractor. The approval agenc may require the applicant to provide and adhere to acceptable specifications for tree relocation or r lacement. -TWe—apl2roval ajency may urt er require that su - c ent bond be posted to ensure proper compliance with terms and conditions o the tree removal permit. Section 17-10. Tree protection and Survival. (A) During construction, all reasonable ste s necessary to prevent thF"We-struction or ama n of trees shall- be take n Treea destro ad or recii1ving ma or ama a must e repla--A by trees o aqua env ronmenta va ue 13 .y 3 j fR] 0 0 as specified by the Department of Fire, Rescue and Inspection Services or Heritage Conser- vat on Officer or by the Board before occu- pancy or use unless approval for the r removal has been granted under permit. (1) {a} During construction, protective barriers shall be placed at the dripline around the trunks of all trees to be retained on the site to prevent the destruction or damaging of the trees. (2) {b} If at all practical, underground utility lines, curbs and other above grade structures should be routed around existing trees to the outside of the dripline of the tree. In the event that this is not feasible, a tunnel made by a power driven soil auger may be placed under the tree for installation of utility lines, or a trench passing by the side of the tree may be used for construction of curbing or to accommodate the instal- lation of utility lines. If a trench is used, care should be taken that as few roots as possible are cut, that the cuts are made cleanly, and that the root ends are painted with a wound dressing of asphaltbase paint and immediately covered with soil. (3) During construction, unless otherwise authorized by the tree' removal ermit, no excess soil, additional fill, e ui ment, liquids, or construction debris, shall be placed within the dr p line of any tree that is required to be reserved in its present location unless the addition of excess soil or fill is requirerequirei3 in order to comply with either the flood criteria require- ments contained in Cha ter 33 of the Code of Metropolitan Dade County, Florida and/or tederal flood -regula- tions in higS flood hazard locations. (4) Unless otherwise authorized by the tree removal permit, no soil is to be removed from within the drip line o any tree that is to remain at its original location. (5) {e; No wires or utility service attach- ments, other than those of a pro- tective nature, shall be attached to any tree. (6) Subsequent to construction or the satisfactory stablilizing of a tree, all protective devices shall be removed. The owner of the project on which the tree is located, the applicant for a tree permit or the individual performing physical moving of a tree shall be fully liable and responsible for removal of the devices. 14 (B) {e} All trees transplanted pursuant to this Chapter shall be maintained alive and healthy in the site of transplantal for a period six ( 6 ) months following completion of construction wor on the site. Any of such trees w ch die within such six (6) months shall be replaced by the applicant. The Depart- ment of Fire, Rescue and Inspection Services be,i#d#ng-and-son#ng-#ngpeet#en department shall retain juidiction to insure compliance with this section. Section. 17-11 Environmental Preservation Review Standards for Tree Removal and Development Activity. The following standards shall be used by the Heritage Conservation Officer or Board in review- ing all site plans, bui-'ldIng -plans and applica- tions for tree removal within those areas desig- nated as Environmental Preservation District. These standards are intended to provide a frame of reference for the applicant, as well as to provide a basis for reviewing plans and proposals. These standards are not to be regarded as inflexible and are not intended to discourage innovation or creativity. Development should: ri Section 17-12. Exception and Exemptions from Chapter Requirements. (A) {a+ During the period of an emergency, such as hurricane, tropical storm, flood or other act of God, or in the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety and to require immediate removal, the requirements of this chapter may be waived by the City Manager. (B) {b} All licensed plan or tree nurseries shall be exempt from the terms and provisions of this chapter, in relation to those trees planted and growing on the premises of such licensee which are so planted and growing for sale to the general public in the ordinary course of such licensee's business. {e}-A##-epp#teat#ens-fen-tree-remeva#-Nk#eh de-net-#nve#ve-any-neN-eenstruet,ien-en the-enb�eet-site-eha##-be-exempt-Teem-tke terms and provisions of Beet#en and-{E}T-whiehever-in-app##eab#er {d}-Qer-n�#-property-N#th#n-the-e#tyT-token —� the-remeva�-er-re#sent#en-ef-a-tree-,ie - neeesearx-fen-#endeeape-ma,intenanee-er ordinary gardening and #nve+ves no dove#epment-act#v#ty-ern-tke-ee�b�eek-e#teT the-app##soften-reeia#rementa-,in-sect#en -� ��-BT-perm#tt#ag-proeeduren-,in--aeet#�+n ' ��-3T-and-the-tees--#nReeet#en-#��#5-aka3�# be-Na#ved-by-the-her#tags-eeneervab#�+n officer to the heritage Conservat#en beard: hi+ eons#derat,ions under bh#a 15 j:, seibeeetien she-1-1 be #n4tfa-led by the preperty ewnerr The her#tape eenser- vat#en efffeer sha++ make an en a+te inspeetien-and-render-a-prei+pt-dee+e*en w+th4n three f3} werk#nej days: Any re�eeat#en-er-remeee�-ef-a-tree-sha��-be eer�s3etent-N#tsh-intent-ef-the-chapter and-the-standards-and-ertterfa-set-ferthr (C) The following tyl2es of trees are considered to be undesirable exotic species or otherwise undesirable and shall- be exem t from the provisions Of this Chapter re ating to perm t fees and application fees. (1j Malaleuca quinquenervia (Cajaput or Taper —bark Tree). (2) Casuarina a u�is�etifolia (Austrailian fine, Beefwood). (3) Casuarina glauca (Brazilian Oak, Scaly Bark Bee wood). (4) Schinus terebinthifolius (Brazilian Pepper). (5) Bischofia javanica (Bishopwood). (6) Ricinus cummunis (Castorbean). (7) Trees which are no longer viable. (8) Trees which are required to be removed by law. - (D) Nothing in this Chapter shall be construed to prevent the pruning of trees where necessary or proper landscape maintenance and safety, provided that no more —than thirty --(30) percent of the crown or foliage is removed. Root prun ng may be carried out by a licensed landscape contractor prig to issuance of a tree removal permit. Section 17-13. Removal of Trees from Public Lands. No tree shall be removed from any public land, public park or public right-of-way, except in accordance with Chapter 59 of this Code. Section 17-14. Public Notice of Applications for Special Certificates of Approval. Pubic notice is required for all applications for a Special Certificate of Approval in Environmental Preservation Districts. The type and manner of notice will be as follows: (3) Published notice. The publised notice shall contain a description of the activity and the time and place of the hearing. Publication shall be made in the following: (a) A daily newspaper of the -+argent general circulation in the City; (b) A daily newspaper of general circulation in the City, devoted primarily to reporting a financial, business, industrial and legal information; and 16 (c) A newspaper devoted primarily to reporting information of interest in an area or locality of the City. Such publications shall be made not less than ten (10) days in advance of the public hearing and shall be prepared and paid for by the City. Section 17-15. Appeals. (A) Appeals to the Heritage Conservation Board. Anv citizen may appeal anv decision of the De artment of Fire, Rescue and Inspection Services or the Planning Department in enforcement of anX term or provision of this Chapter to the Heritage Conservation Board,, by i n, within ten (0) ddays after t o date o the initial ecision, a written notice o appeal with the City Manager? with a copy to the City Clerk and the Heritage Conservation O icer, which shalr set forth precisely t o decision appealed from and the reasons or rounds for the aRpeal. Each appeal shall be accompanied by the applicable fee. The enforcement agency shall immediately issue a stop work order for any work which could be affected by the subject appeal, pending final disposition of the appeal- The Heritage Conservation Board shall hear at a public hearing all facts material to the appeal and rep er a decision within 45 days of the film of such appeal. The Heritage Conservation Board ma affirm, modify or reverse the decision agpealed from,, provided that t e Board shall not take any action which con- licts with or nullifies anv of the urovisions of this Chapter. (B) Appeals to the City Commission. Any citizen may appeal any decision of the Heritage Conservation Board or of the Urban Development Review Board, as it relates to this Chapter, to the City Commission by filing within ten (days after the date of the decision, a written notice of appeal with the City Manager, with a copy to the Cit C erk and the Heritage Conservation Officer, which shall set _orth precisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall_ be accompanied by the applicable fee. The enforcement agencX shall immediate) issue a stop work order for any work which coul be affected t e subject aRpeal, men ng final disl2osition of the appeal. The City Commission shall hear and consider all acts material to t e aEpealand render a decision within ourt - ive a s of the filin9 of sucha peal- The City Comm ssion may affirm, modify or reverse the Board's decision. The decision othe City Commission' shall constitute final administrative review, and no petition for rehearing or recoiis'idera- F"l-onshall be considered. Section 13-15 17-16. Penalties. Any person, or agent thereof, violating the provisions of any section of this Chapter shall, upon conviction, be fined not more than five hundred dollars ($500.00), or be imprisoned not more than sixty (60) days, or be both fined and 17 i imprisoned, in the discretion of the county judge. The removal, relocation or destruction of each tree for which a tree removal permit is required without a proper permit on the job site shall constitute a separate offense under this Chapter. Section 17-17. Civil Remedies. In addition to any other remedies provided to this Chapter, the enforcement a enc shall have the following iu c a remedies available tor viola- tions of this Chapter or _any perm t condition. promulgated under this Chapter: (a) The enforcement agency may institute a civil action in a court of competent ur sdiction to establish liabilit and recover liquidated damages for each violation in an amount of not more than five thousand dollars ( 5,0 ) per offense. Each tree unlaw- fully removed under tFie provisions o t 1s Chapter shall constitute a separate offense hereunder. (b) The enforcement agency may institute a civil action in a court relief to en orce com- pliance with this Chapter to enjoin any violation hereof and to seek injunctive relief to prevent irreparable injury to the trees or properties encompassed by the term. of this Chapter. Section 14-16 17-18. Fees. {a3--Heritage-Eenser�aet�en-Bees-hearing-fee---:-- $�5-96 (A) Standard Certificate of Approval - minimum _25.00 plus $5.00 per tree to be removed or. relocated. (B) Special Certificate of Approval - $25.00. (C) {b+ All applications for permits for the removal of trees shall be accompanied by a fee, as provided for under Section 5, "Building permit fee", of Ordinance No. 6145, as amended. (D) All appeals pursuant to Section 17-15 shall e accompanied by a fee o 300.00, except t at at no fee shall be charged for such appeals initiated By agencies of the City or -by an owner in tact of a property ad acent to the su ect property orb a non-profit corpora- dedicatedtion to conservation and protection of the natural and p ysica env ronment. Section +3-14 17-19. 3arsdteten-tar-Pnrpeeee-ef Enforcement (A) The Department of Fire, Rescue and Inspection Services bet ding and aen ng inspeetien department and/or Planning Department shall have concurrent jurisdiction for the proper and effective enforcement of this Chapter. (B) The enforcement agency shall immediate) issue an order to cease and desist anx work, being carried out in violation of this Cha ter or any permit conditions romu ate under this Chapter. Upon notice of sucTi 18 976.0; imprisoned, in the discretion of the county judge. The removal, relocation or destruction of each tree for which a tree removal permit is required without a proper permit on the job site shall constitute a separate offense under this Chapter. Section 17-17. Civil Remedies. In addition to any other remedies provided to this Chapter, the enforcement agency shall have the following uaicial remed ems available for viola- tions of this Chapter or any permit condit on promulgated under this Chapter: (a) The enforcement agency may institute a civil action in a court of competent iurisdict on not more than five thousand dollars ( 5,0 ) per offense. Each tree un aw- _uully�removed under the provisions of ths Chapter shall constitute a separate offense hereunder. (b) The enforcement agency may institute a civil act on n In a court relief to enforce com- pliance with this C apter to enjoin any violation hereof and to seek injunctive relief to prevent irrepara rX to the trees or properties encompassed by the term. of this Chapter. Section 14-16 17-18. Fees. fad--i�er#Cage-Eeneereat#en-Beareri�ear�rcg-fee-__; -_ �i5r88 (A) Standard Certificate of Approval - minimum 25.00 plus 5.00 per tree to be removed or relocated. (B) Special Certificate of Approval - $25.00. (C) fb} All applications for permits for the removal of trees shall be accompanied by a fee, as provided for under Section 5, "Building permit fee", of Ordinance No. 6145, as amended. (D) All appeals pursuant to Section 17-15 shall e accompanied by a fee of 3 0. 0, except that no fee shall be charged for such appeals in tiate b a encies of the City - owner in act o a Rroperty adjacent to the subject property or by a non-profit corpora- tion dedicated to conservat nA protection of the natural and physical environment. Section +4-14 17-19. attrtsal et#en-fee-Pe:rpeeed-ef Enforcement (A) The Department of Fire, Rescue and Ins ection Services eat ding &iid ffientng napeet on department and/or Planning Department shall have concurrent jurisdiction for the proper and effective enforcement of this Chapter. (B) The enforcement agency shall immediate) issue an order to cease and desigt ny work being carried out in violation' —of this Chapter or any perm t con Lions romu ate under this Chapter. Upon notice of such 18 violation, no further work shall take place until appropr,late remedial action is inst - tuts , as eterm ne by the enforcement agency. (C) In cases where tree removal is carried out without the necessarZ permit under the terms ana conditions of this Chapter? the property owner shall be re uired to make application for an a ter-t e- act tree removal ermit an Certificate of Approval, if applicable. The agpropriate review ng agency may grant an after -the -fact certificate of Approval or tree removal permit only if it finds that the same application would have rig t u ly been ap roved prior to removal of the tree s , and that each tree destroyed is to be replaced by trees of equal or greater value. Such replacement trees shall be located on the subject site wherever practical, or they may required to be located on public property. Such replacement Shall be assured by a performance bond or by a cash contribution to a tree planting fund established by the City. If the conditions for an a ter -the -fact tree removal ermit are .not fulfilled, the case shall be referrea to the Law Department for agpropriate action under Sect'ons 17-16 and 1 -17. " Section 2. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 18th day of November , 1983. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 15th day of December , 1983. Maurice A. Ferre MAURICE A. FERRE, Mayor ST: .EGG 4� LP G. ONGIE TY CLERK 19 79 PREPARED AND APPROVED BY: S"LfU. MAXWELL IST� CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: OS VARC IA—PEDROSA CITY ATTORNEY JE14/wpc/ab/218 Y, Ralph G. Ongie, Clerk bf : i Cify; of miumi, Fioric!a, hereby certify that on the ....... day of....... A. D. 1943.. n full, true and correct copy of the .ih,.') ; and foregoing ordinance was posted at the Souoi of the Dade. Counly Court House at the place prov;c';d for notices and puNications by attaching said copy to .the place provided therefor. N, WITNESS my hcnd :end the o ficial seal of said City this�Q�day aL ..... .......A. D. I9..,X .... ity Clerk . t CITY OF MIAMI. FLORIDA 27 INTER-OFFICE MEMORANDUM i TO: Howard V. Gary DATE: October 26, 1983 FILE: City Manager SUBJECT. ORDINANCE AMENDMENTS TO CITY CODE 7- CHAPTER ENVIRONMENTAL PRESERVATION FROM: Perez- ne REFERENCES: COMMISSION AGENDA - NOVEMBER 18, 1983 Director PLANNING AND ZONING ITEMS Planning and Zoning Boards ENCLOSURES= Administration Depar_tme_nt It is recommended that amendments to Chapter 17 of the Miami City Code, ENVIRONMENTAL PRESERVATION, Sections 17-1, 17-3, 17-5, 17-6, 17-7, 17-8, 17-9, 17-10, 17-11, 17-12, 17-15, 17-16, 17-17 and adding two new sections 17-15 and 17-17 be' approved. The -Manning Advisory Board, at its meeting of October 19, 1983, Item 2, following an advertised hearing, adopted Resolution PAB 121-83 by a 5 to 0 vote, recommending approval of amendments to Chapter 17 of the Miami City Code, ENVIRONMENTAL PRESER-. VATION,;Section 17-1. Definitions, Section 17-3. Applicability of Chapter,''- Section 17-5. Heritage Conservation Officer, Section 17-6. Environmental Preservation` - Districts, Section 17-7. Permits and Certificates of Approval Generally, Section } 17-8. Same Application Requirements Within Environmental Preservation`Districts, -' Section 17-9. Criteria and Conditions for Tree Removal, Section.17-IO. 'Tree'Protec r tion, Section 17-11. Environmental Preservation.Review'Standards for Tree Removal, Section 17-12. Exceptions and Exemptions from Chapter Requirements,` Section 17.15.. Penalties, Section 17-16. Fees, -and Section 17-17. Jurisdiction for Purposes forcement; and adding two new sections, Section 17-15. Appeals and Section 17 1T, Civil Remedies; and on page 1 of Chapter 179 Section 17-1. Definitions, tindery "Buildable Area;" strike out the word "within" and substitute "exclusive of on ' page 2, Section 17-3. Applicability of Chapter, strike out "public or" in number, four (4). page 9, Section 17-7. Removal of Trees Not Located -in Environmental .Preservation Districts, letter (F), 'to strike out the words "prominently displayed on the site" and to substitute "erected in full view of the public within S',n of etch street side or side nearest a street of the property for-which,the per�ait x a has been issued",:' and on page 20, Section 17-18, Fees, letter(8)Sp ia1 erti- ficate of Approval, the fee shall be $25.00 for all citizens. Backup information is included for your review. ,t An 4RDI1ANCE to provide for the above has been prepored by the City._Att 'r�+sy' !f and submitted for consideration df the City Commi'$�ipn. aEr _,_ AEPL.,11 l cc; 1,.aw Department MOTEf, Planning Department .recommends; APPROVAL •-+ilttwyr+i+sawlwn,�{rjl�h�Y� r` .a J�...t'•`.Lt+1d11�0!!++ • r APPLICANT: PETITION: REQUEST: BACKGROUND: ANALYSIS: PLANNING FACT SHEET City of Miami Planning Department: September 20, 1983 2. Chapter 17 of the Miami City Code, ENVIRONMENTAL PRESERVATION - recommendations concerning amend- ments to Section 17 -1. Definitions, Section 17-3. Applicability of Chapter, Section-17-5. Heritage Conservation Officer, Section 17-6. Environmental Preservation Districts, Section 17-7. Permits and Certificates of Approval Generally, Section 1�7-8. Same Application Requirements within Environmental Preservation Districts, Section 17-9. Criteria and Conditions for Tree removal, Section 17-10. Tree Protection, Section 17-11. Environmental Preservation Review Standards for Tree Removal, Section•17-12. Exceptions and Exemptions from Chapter Requirements, Section 17 -15. Penalties, Section 17-16.' Fees, and Section 17-17. Juris- diction for Purposes of Enforcement; and adding new sections as follows: Section 17-15. Appeals, and Section 17-17. Civil Remedies. Amend the Environmental Preservation Ordinance to improve procedures and enforcement. Chapter 17 of the City Code includes regulations for tree removal permits throughout the City' and special approval procedures for tree removal and,• - development within designated Environmental Pre- servation Districts (EPD). The proposed amend- ments are the first -.comprehensive update of Chapter 17 since 1973. Many of the proposed amendments were suggested by the Heritage Conserva- x tion Board, which is responsible for approving development within EPD's, others are a result.,of reorganization of staff responsibilities; Vinci'`' some amendments are necessary for -compliance with,, minimum standards for tree removal established`` by Dade County. Following is a summary of the substantive changes included within the proposed amendments: Qther amending language is editorial or clarifying its . nature. 1. Section 17-3(3) the side and rear yards of` existing single family duplex dwellings weld be excluded from tree removal regulation only when 5 or more trees are relmoved duria� .ik . r • month period. ri O°- 4' r�-F?`,e%.CP1eyc.i?',J ��.:l��C:�i."Fi£?h+i•?•ftis'r°'►.' . tea......•... .. � .. .. ... ..... ..y..., _ �t.. ��; '�• �•1. .. 10 •SMi%1 Wt wxw.tjF )f0)i�.y\., �. _. ♦...WO ...• , r. .• �Y•I•t!.+V.'.?I. r 1: 11 1 i PLANNING FACT SHEET APPLICANT: City of Miami Planning Department: - .September 20, 1983 PETITION: 2. Chapter 17 of the Miami City Code, ENVIRONMENTAL PRESERVATION - recommendations concerning amend- ments to Section 17-1. Definitions, Section 17-3. Applicability of Chapter, Section-17-5. Heritage Conservation Officer, Section 17-6. Environmental Preservation Districts, Section 17-7. Permits and Certificates of Approval Generally, Section 17-8. Same Application Requirements Within Environmental Preservation Districts, Section 17-9. Criteria and Conditions for Tree removal, Section 17-10. Tree Protection, Section 17-11. Environmental Preservation Review Standards for Tree Removal, Section.17-12. Exceptions and Exemptions from Chapter Requirements, Section 17 -15. Penalties, Section 17-16. Fees, and Section 17-17. Juris- diction for Purposes of Enforcement; and adding new sections as follows: Section 17-15. Appeals, and Section 17-17. Civil Remedies. REQUEST: Amend the Environmental Preservation Ordinance to improve procedures and enforcement. BACKGROUND: Chapter 17 of the City Code includes regulations for tree removal permits throughout the City and _ special approval procedures for tree removal and development within designated Environmental Pre- servation Districts (EPD). The proposed amend- ments are the first.comprehensive update of Chapter 17 since 1973. Many of the proposed amendments were suggested by the Heritage Conserva- tion Board, which is responsible for approving development within EPD's, others are a result of reorganization of staff responsibilities; and some amendments are necessary for compliance with minimum standards for tree removal established by Dade County. ANALYSIS: Following is a summary of the substantive changes included within the proposed amendments: -other amending language is editorial or clarifying in W nature. 1. Section 17-3 0) the side and rear yards of existing single family duplex dwellings woUid be excluded from tree removal regulation only ' when 5 or more trees are removed during a_aix ' month period, .'j�;�'�i1.4tW;�1►`"'�.'�4ri":..1:i3•jYANc+tiVM�Y.'cC`"Y?tag"C:ii'i;ri"?"h4:A+.f,'C"=:s•.>ar.(}u.c•4M.�tlV''?f.Yir .. .�i"i��.-;1+Y.t-rd1SR.`'rd'.t J..'d •�� ',` lam': :ir.1•' t r it 2. Section 17-7(A). The Department of Fire, Rescue, and Inspection Services would be required to withhold all building permits until tree removal requirements are satisfied. 3. Section 17-7(7). Referral of tree removal applications by the Department of Fire, Rescue, and Inspection Services to the Heritage Con- servation Board would be eliminated to prevent long delays in a decision. 4. Section 17-7(F). Tree removal permits would be required to be prominently displayed on the site to provide public notice. 5. Section 17-8(A). Within EPD's, development activity that does not involve tree removal and that is not visible from a public way would not need a Certificate of Approval. 6. Section 17-8 (A) (1) and (2) . Two types of Certificates of Approval would be created -- Standard CA's to be issued by staff, and Special CA's to be issued by the Heritage. Conservation Board. 7. Section 17-8(c)(2). The time limit for decisions on Special CA's would be extended from 30 to 45 days. ' S. Section 17-9(6). The approval agency would be empowered to require participation by a Florida licenced landscape architect or landscape contractor and to require a perform - ance bond to ensure satisfactory results. 9. Section 17-10. Numerous provisions would be added to protect existing trees during the construction process and to require replacement of trees which die within six months of project' completion. 10. Section 17-12(c). Certain trees considered to be undesirable exotic species would be exempted from permit fees. 11. Section 17-15. The time period for ap peals would be changed from 15 to 10 days to conform to the permit delay period. .r 12, Section 17-17, This section would be added to improve enforcement powers, k t x ,._ .... .. ... li".�"°�`•�'F1'.''t`ii�i7lCri�.t�►+r,•r+�•w+►'tt. :y'�ur,►.s-x.?r �'{4t�`'. _;.. :!+?P��;'l:�i�it�►,'�?�Io�'. ex'iics�.'1t�.3�'+4'.�t�. ' r . ..., �i.'!4�..�•K�'M!�Y�',•1�.�"�'�'�!1��4"1'4:�.:`T'.� C7-t�?4�'F``�IkN�iYrt!{�ir.�(•�'Y ' • t f 13.,! Section 17-18. Fees would be updated to j reflect current expenses and comparable fees for planning and zoning hearings. 14. Section 17-19(c). Uniform standards and policies for handling cases of illegal tree removal would be provided. - RECOMMENDATIONS: Heritage Conservation Board: Approval 5 to 0 Planning Department: Approval PLANNING ADVISORY BOARD: At its meeting of 10119/83, adopted Resolution PAB 121-83 by a 5 to 0 vote, recommending approval as amended. i���.1R't;tS�s`,.�,�' �. .t. � r" wZs.. �I �'ii4�� ".. �-.`v 'F. ���-.�„1- _ .�.�'�^, �'.iw •:Vi'!i'�., .��I.' . . u Proposed Amendments City of Miami Planning Dept. August 1983 Revised October 7, 1983 Revised October 20, 1983 Chapter 17 ENVIRONMENTAL PRESERVATION Section 17-1. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Buildable area: The portion of a site exclusive of-*444 i+-tthe required yard areas as defined by Ordinance No. 9500 7 ning Ordinance of the City of Miami, Florida and its successors. -ems-whisk►-a-�#xuce Development activity: The carrying out of any building operation, or making any material change in the use or exterior appearance of any structure or4eM-ese-e*xv-aEter,- site. Dripline: A vertical line running from the outermost hori Environmental Preservation Districts: Geographical areas, parcels or corridors, which may be identified in the future, established by the City Commission as significant natural or man-made attributes in need of preservation and control because of their educational, economic, ecological and environmental importance to the welfare of the general public and the City as a whole. Environmentally significant feature: Natural or man-made arti- facts, sites or features which possess attributes in need of preservation and control because of their economic, educational or environmental importance to the welfare of the general public and the city as whole. Environmentally significant features include all trees within the city and specifically designated natural, topographi- cal or geological formations, mangrove areas, natural hammocks, unique scenic vistas or transportation corridors and rare and valuable plant material. Tree: Any self-supporting perennial plant which has a trunk diameter of three (3) or more inches, measured at its narrowest point u too three (3) feet a ve grade, or-weese-#e-eA- eyeiell #}green- 44fee*.- twelve or more feet in height. Tree canopy: The two-dimensional surface area of a tree as viewed from above. ` Tree removal: Act of cutting down, destroying, moving or effectively destroying through damaging a tree situated on any real property within the City as defined In Section 17-3. bard•afear��FF�ee-�R#�-side"�6F-��ec�-y�'�s-��#�bli�e�' ie�*--the weer preke+�sive- Iflg�O►Fe c �£ .,r , A+1ie i -GrAinamee 44as-b$;L6 "i�iS�dA:�1?i;•�•'s�.;►.•')z -.v'�; s., r ;,=i-Y .:.; '. - ': .: .....�i�v o. > •, s., s r,';� '� -- ... - :•�� ^:.^.yFi"�K �1 � .,.. _ . }!"di�"�'e .. .. - -. .S!;".'s�yM1�!llfd+r,+�LYM+iwoi � .. -,,.. H .� ... .. , � ..... .. .. ... . - - w s Viable: The term "viable," as used in this Chapter, shall refer to a tree. which in the iudament of the enforcement agency. is cauable of sustainina its own lite arocesses. unaided by man. for a reasonable Section 17-2. Intent of Chapter. The intent of this Chapter shall be as follows: (1) To preserve and protect trees and other significant environ- mental features within the City. (2) To require that the design and construction of all development activity be executed in a manner consistent with the preserva- tion of trees and other significant environmental features to the greatest extent possible. (3) To provide guidelines and review procedures for controlling development activity which may alter, destroy or be detrimen- tal to existing trees, significant environmental features and scenic areas. (4) To provide the framework and legal mechanism for publicly identifying and preserving environmentally significant areas or sites. Section 17-3. Applicability of Chapter. The terms and provisions of this Chapter shall apply to real property as follows: (1) All vacant and undeveloped property. (2) All property to be redeveloped. (3) All property where there is to be any addition or alteration. (4) All"I34iereF private rights -of -way. 4eYe Jeped'pmper t-)o,r (5w4 All property within a designated Environmental Preservation District, �} z:: i. ` a i � YS � - � :. �'s } ! f .i ! ���.'.',':ar•.i ��"'1 �++:sts5� Y �f.��`�roY�,.t{:�.��`re 'ttL 'sl. "9i:t'0�1'�'�.:'�'.��tQ�4+°' Y Section 17-4. Heritage Conservation Board. The Heritage Conservation Board as established under Section 62-70 of Article Vil of Chapter 62 of this Code shall be responsible for maintaining a record of unique environmentally significant lands or sites within the city. The Board shall serve as the quasi-judicial instrument for granting or denying Certificates of Approval for tree removal and development activity within those areas identified and established as Environmental Preservation Districts under the terms and provisions of this chapter. Section 17-5. Heritage Conservation Officer The Heritage Conservation Officer, as provided in Section 62-75 of Article V11, Chapter 62 of this Code shall be responsible to assist the Heritage Conservation Board and to carry out the following duties: (1) Serve as secretary to the Board. The appointee shall attend all meetings of the Board and maintain a record of the proceedings of the Board, showing its action on each application. The appointee shall schedule and provide notification of the Heri- tage Conservation Board meetings to applicants and other department and agency representatives. (2) Upon receipt of a proper application for tree removal or development activity within the designated Environmental Preservation Districts, review such application, which may include a field check of the site and referral to other departments or agencies as necessary to determine any adverse effect upon the general public welfare , and determine whether a Standard or Special Certificate of Approval is required. (3) Maintain and update an official map delineating Environmental Preservation Districts and a photographic documentation of all official designated sites. (4) Work with other city departments and community environmen- tal groups as required to protect and preserve the natural environment through public education and encouraging. sound environmental policies. (5) Evaluate applications for Standard Certificates of ARproval and render a decision based ug2n the standards and conditions or tree removal and the review standards for tree removal an7 development act€v€ty within Environmental Preservation Dis- tricts. L(6� Ensure that notice of the application for a Special Certificate of Approval 4fe&+e"eYe4-veFff" is Wven as re uired#n eN cti n 1 T 14. ewei e-tw smAt- F edi �� ty.ewW-$.- 4w •'^iVfl�""'C .�i}1l�Iil�itiViYilisj�pll�� (7)(4 Prepare summary reports of all decisions on -*Fee--feffieMel- -peFA4* Certificate of Approval applications. The report shall briefly summarize the conditions and criteria for tree removal and the decision of the Heritage Conservation 4Mpeer,- Board or Officer. (8)P� Transmit to the Department of Fire, Rescue and Inspection Services baioid+Rg-c+Rd RO ►+P,9- is*peet4en•-depepfa4ep#- a copy of the t#ee-Fe+n9*4 Certificate of Approval and a copy of the approved plan. A tree removal permit or building permit shall be issued by the Department of Fire, Rescue and Inspection Services. 43-�+ag--an--aer4+-g-4r*spee*+or+-4epGptRwPA- as required. Section 17-6. Environmental Preservation Districts. (A) Designation generally; intent. Certain geographical areas or sites may be designated as Environmental Preservation Districts by action of the City Commission, recognizing the need for preservation and protection of such areas because of their educational, economic, Environmental or ecological importance to the welfare of the general public and the city. Environmen- tal preservation districts are intended to provide for preserva- tion and protection of trees and other significant environmental features and to encourage design and development activity which is sensitive to the natural landscape character of the site. Sites with significant trees and landscape materials may be selected as Environmental Preservation Districts because they provide important environmental functions for the welfare of the community, which include the following; stabilizing the soil, preventing erosion and excessive runoff; giving shade and cooling the land; providing protection from forceful winds; using their leaf surfaces to dilute gaseous pollutants and trap and filter out ash, dust and pollen in the air; absorbing a high percentage of carbon dioxide and returning oxygen to the air; alleviating noise pollution; increasing the value of the property; and adding to the natural scenic beauty of the city. All regulations and review procedures provided for environmental preservation districts are intended to protect the significant environmental features against needless destruction and to present guidelines which will lead to the continuance and enhancement of those features, while at the some time recognizing Individual rights to develop property which are not prejudicial to the public interest. (B) (natural or man-made environmental features. The following natural or man-made environmental features may be designated as Environmental Preservation Districts, when one (1) or more such features are located in a geographical area or lots (1) Clusters of trees with extensive tree canopy, natural hammock areas and mangrove areas, rand areas which Include one (1) or more clusters of trees which will total .4- Ji����iy irk"''-j�'�9�xt�....tF.t4"k�?t'tir..v'dt �Q-'P{'s?,"•i":iir.'fb'Latf•,:%:'.a" Srr1N�'i!OC,`ei�it'i7sv'➢�'�,4^c a ten thousand (10,000) square feet of canopy may be designated Environmental Preservation Districts. Smaller areas or lots may also be designated as Environmental Preservation Districts if the site contains at least one (1) "specimen tree," which is defined as a tree having substantial educational, economic and aesthetic value because of its size, type, age, outstanding characteristics or other professional criteria set forth by the state division of forestry. (2) Exposed geological formations, such as natural rock out- croppings, caves, sinkholes and significant natural topo- graphy of the Coastal Atlantic Ridge. (3) Scenic Transportation Corridors --those roadway areas which have a unique. landscape character and an extensive tree canopy and are of substantial environmental impor- tance to the residents of the city as well as to visitors. Dimensions and extent of Scenic Transportation Corridors shall be determined for each specific area so designated, based upon an analysis of the corridor by qualified professional staff of the appropriate city departments. The boundaries of the Scenic Transportation Corridors may be determined by the following: (a) The extent of roadway right-of-way area. (b) All established yard areas fronting on the transporta- tion corridor. (c) Significant natural features, such as trees, or geologi- cal features which are not within the right-of-way or street yard area but are of value as part of the scene. (d) Principal natural landscape or man-made elements which forms the visual boundary or enclosing space of the corridor. (e) Areas from which there is a unique scenic view or vista of historical or significant structures or of water bodies, such as the Miami River or Biscayne Bay. (f) Unique botanical features, such as rare, exotic and valuable trees or plant life or examples of excellent landscaped design. (C) Procedure for designation. (1) Areas or sites to be considered as Environmental Preserva- tion Districts may be recommended to the Planning Advisory Board by private individuals and organizations, all city departments, the Heritage Conservation Board and the City Commission. (2) All areas to be considered must be evaluated by the Planning Advisory Board, with the appropriate recommend- ations conveyedto the City Commission. (3) A letter or invitation shall be delivered to the owners of all -5- �i"#��.'�,5.��!".Rd4;.0�{zf?it34.'�N§�+S•��+3ftAk2�".lE�i:�:.4�?"�?;i4'�i,'^.,s.,i.a.;.''.f,-t :., '�.JN�7'"tiSr -_.n :a5c ir-5?..���3Jr".i�i"a f:{tv�i�;�'-sr�ls�'fiy ��;-r.4��'lii�Y^'f'!{''l.ar:"'�.'�f•� z�e:',l:td{.�'.2'�si� ♦. _ �r. %T�{�•!'^��11"t�•�M1`•r'vC^�l�j�'{y"�:�'�T.T%�T!!`�•'c.�'#W:'{Ir'ff6'}}M(+4�iR': . .. •P z : property within the boundaries of the proposed Environ- mental Preservation District, with a full explanation of the reasons for the environmental significance of the property, the effect of the proposed classification and the process by which Environmental Preservation Districts are officially designated. The owners will be invited to appear at a public hearing before the Planning Advisory Board to discuss the matter. The property may then be recom- mended by the Planning Advisory Board to the City Commission for inclusion in an Environmental Preservation District. (4) The areas recommended by the Planning Advisory Board and approved by the City Commission are established as Environmental Preservation Districts. These sites or areas are then added to the official map delineating Environmen- tal Preservation Districts on file within the Planning Department. (D) Effects of designation. (1) Once an area or site is officially designated as an environmental preservation district, all development activ- ity or removal of trees within that area must be reviewed " by the Heritage Conservation Officer boefd-, and a Certificate of Approval, Standard orb ecial must be granted under the provisions of Section 7-7 B before a tree removal permit or a building permit will be issued by the 1;4A4i*ig-end-e©aiag-4nrpee44on-depertFRen*v Depart _ ment of Fire, Rescue and Inspection Services. (2) When the City Commission approves the designation of an area or site as an Environmental Preservation District, the regulations and review requirements for both the existing zoning district and the preservation district shall apply. When the zoning regulations applying to a parcel designated as an Environmental Preservation District require review by the Urban Development Review Board, that body shall be responsible for reviewing applications for tree removal or development activity on that parcel, in lieu of the Heritage Conservation Board. All actions by the Urban Development Review Board on such applications shall be consistent with the intent of this chapter. Section 17-7. Removal of Trees Not Located in Environmental reservation Districts. -Permits-em4':;;rtt€teefe�f- �A,1--Re�aovel<.s#-begs-�gcc�#ed.-ifl-,Ee�or�eA#�esec��cil�e�- 4)44 4V (A) -4Permit required. No person and no agent or representative rr � c t,�`•,�"���., .� `0.. .. r{ �:��t•,i4,'Yf'PR"l�. +fi -�`4�fA'�.%�.� ,•Yt,�,�t. `I�.^.'Fz�'t :..'F?^14t �.%� .- ... -. riAt.�:F�M�'�AA'ii,T'l'\w?!'^.+iT.Q!n3'•'M { thereof, directly or indirectly, shall cut down, destroy, move or effectively destroy through damaging any tree situated on any real property as described in Section I7-3, without first obtaining approval and a tree removal permit as hereinafter provided. No permit for development activity shall be issued by the Department of Fire, Rescue -vices until it has determines s required or that a valid (sued in compliance with this (B) 40 Application. Permits for removal, relocation or replace- ment of trees covered herein shall be obtained by making application for permit to the Department of Fire, Rescue and Inspection Services. --wild...., _ eAt. �fhe ap—pTlcation shall be-oeeorz"WW4 include by- a written statement indicating the reasons for removal, relocation or replacement of each tree_ efld Applications involving develo ment activit shall be accompanied by Tree 4oer- - copies of a legible site plan drawn to a minimum scale of one (1) inch equals twenty (20) feet, Indicating the following: M -W Location of all existing or proposed structure improve- ments and site uses, properly dimensioned and refer- enced to property lines, setback and yard requirements and spatial relationships. (2) 4W Existing and proposed site elevations, grades and major contours. (:3) 4Location of existing or proposed utility services. M 44 The location, common and botanical name, trunk �. diameter, and approximate height ands read size-mil -IGGaNim. of all trees on the site, designating the trees to be retained, removed, relocated or replaced.. Groups of trees in close proximity may be designated as "clumps" of trees, with the predominate type and estimated number and average diameter noted. (5) -(e)- Tree information required above shall be summarized in legend form on the plan and shall include the reason for proposed removal, relocation or replacement. (C) -0 Review. Upon receipt of a the Department of Fire, R, application, buuaiagana.wag-assspQcV anr"" snail review sucn application, for com lionce with the criteria and conditions for tree removal in Section - . c review +W may include a field 69eck of the site and referral of the application to other departments or agencies as necessary to determine any adverse effect upon the general public welfare, adjacent properties or city services and facilities. rr-endIel Within fifteen (15) days of receipt miscue on ns ectloh ervices s a ren it a son, �: �hi:�J t.':s' .ram; n w'>,S TG"''.'? : , :.t : ? 4 • irr!�it4-�~'�K',414 buildixzg-acid-zoning_iaspeatwa-depar#rxarar�t.-in enforcem&)t o�-e�-#er+�-�-pr�irs+or►-o# �r�s-ek�#�-#4-tke--k►e�+#age areear�rpe ied- e-#ee-of--t�nrefl#Y-#�+r�e-�elle+5AB)-to Bever-#I�e-ees#s--af=f�t�b4isl�i+ -e - ti#i�►g.— -The 4wer4fege eeriser�retier-#ioerd-s#'taN-��e`e+�-a�o--pt�til+e-�ieeFi�g-d{-#sate• tfie-efeeisic�n-appeerleeF-f rang;-provYded-�Mert-#19e-beer not-take-and-aehivn-�rhich-�fN�#s-w+#}�r-er��N+f ies-en��€ the-previsimt ofthis-ehep#ery (D) 44 Board review. Any member of the Heritage Conservation Board may: (a) Require any application for a tree removal permit to be reviewed by the entire Heritage Conservation Board; or (b) Within ten (10) days after the granting of tree removal approval by the +mHdinq-emd--wPAng-i spee#ten-�#ep 4-- Y»e"t Department of Fire, Rescue and Inspection Services require any such application to be reviewed by the sentire Heritage Conservation Board. The Heritage Conservation Board shall hold a public hear- ing and render a decision on the matter within -third 43%forty-five (45) days from the issuance of the tree removal permit. In the case of such a review, the decision of the Heritage Conservation Board shall ' supersede any action of the Department of Fire, Rescue and Inspection Services-bvN4ing-and----"iflg Ji;s ;e ";';'depar-#raw# and constitute a final decision subject to a subsequent appeal to the City Commis- sion. (E) 40 Effective date. All permits for removal of trees not located in an Environmental Preservation District, WMeh ere -gFented-by-.Me..bu+idieFid - mient-shalt not become effective until at least ten (10) days after the date of approval; and no removal of a tree or development activity shall commence on the site prior thereto.44ewevef�q--wpef;�-f4eip#- #s--appxavW r-fAwt PFUlIffiRg of 49-es-designated-# s-1-9 r-sawad-or- r.ellocated which are#-Iaee#e -w44 n an er�rrite +te}�re�rerwet�or� Ofriet-MGjR-�$# erf4 •#9- i�@-�i96fEi* `� @�1'*� N�r-� eensE'W"Af �F4 it3i:-6E11�&#i-t#1 ►8-#i�4i- 8 #5i4##•Eid -.tuVf ,,yy t.�LY, C' 4 r �e�1ff:• ;, si,^t. },. (��„ ..> t'+•�fj`°' dt'^�^i.� `��:tiiV.n€Ti'!i't ��ia^.T'-3�%C'a['4 jr"r f, a.t`• iSt.�..<'��t'/�'� �1::.t." a. +tp tif9i «ts ,..� `'.!^i5wt��y��`,�[�..� }� ^fit �'�` to a subsequent appeal to the City Commission. (F) (8,i--l�ecxu>uaf--0€--�xees--aad-- e-relopRmmt-Ae#+v+ty--geetw-r4ng-4n-- +Enb►ironmenfe-PreserveiyomE)istricts. 444----er4;#fee#eperson,--agent--er fepresen#ctti�re- �eree3€-�--�+ree#'I�--or--��+ree-sk�aN--etrt de�vwf�ifes#te�y+�efve�r-e€€ee#i�el�t#es#rey�-##tro�gkr�'�e9- 4rwge"14Lree-3'46. #ec€ m any re j► -e#fx eigrtf-iter�#+- er�v +4ertf4 l®r #yes-w+t ifr-ar+-C w*re+Veote€-pfeserve- 44eire34striet;-or reeeive-e-btgfddtp+for-eenetroeNeR- e�ti�ti#�-�r-ef#e-frr►prove�en#s--trri#tt+rn-�--�+�wifor�er�#�ri- +Preset�rcttion-F3fs#+rfe�-wi#l�ettt#+rst-eb#aifting-e-E-er#t€iee#e- ef- Appebv-m--the--i^ie4Mge----en9erveai f err-f ares- +hereirerF# erprobided: 423-41eyie+hr. AWN-eWieents--€er-o-eer4ff4ea#e-ef--prevef-#e terec3ve-o-#fee�F-fef-deve4epr�t pFeservetion-dis#rfe#-fwds+--sdbWt-eeeep#ebfe-eN 11ee#kms- eg-desetf bc�d-f n--Seetten- 4-7-1+ — The-heti•#"e--eemsei-+re#ieR- beerd--sheaf#--review-QH--epp iee#ten&-#erf--tree--reFr+eval--er- me#ter-wi#Mim-#IIr#r-(3A)-day&ofter reeeMnq-cn-�eeptebie- 4pp+iee4fen: - reyiewep#eN-40- he-ef#y6 eem+9tissiem-by-f i44ngy rwi#Wttt-##4t-,-m -S)-4 eys-ef#er- 4 -dete. orgrotrncls-€ot-fhe-Qppea--CcaeM-appearscN-€�e-eeeorripe- r►iec#-f-€ee-oit-tw #y-#i re-defiers-4 4 `-eeyw the castsFig, -The-e+fy- tissioneFiefl-€leer-e�eoAs+ele� -e} €-#as#s-R�e�e�erl-ie-tie- irt�s#rer#ice--��ew;-r+a►-�#f't-t+�3� ^eeenstde €Fon-�hef� ideredr- Section 17-8. me-A4"Aieo ierr-�regcs rerrtert#ST�hri#hi m#I ri fine+tte�t-reser r�tiriMicc� Removal of Tres and a .'�'•�. AY�I��w?J.4'�:�':r~+F{'�1'>!�:s?i���.Lri:I�Ct�J"gJ:�fi 3ti 4. ��ir44.:.f :�t�x iFvr�i+i���; iS'. �a�3'flt'�!`y�fl.' (A) Development Activity within Environmental Preserva- tion Districts. -if icate of Anoroval required. No person. aaent or ree or other env representative thereat shall commence an aevelo ment activitywithin an area visible from a u lic way within an nvironmental Preservation District without first obtaining 0 (z) Standard Certificates of Approval may be issued by the Heritage Conservation Officer, without review and approval by the Heritage Conservation Board, for the following classifications of applications: (a) Applications for development activity where all existing trees other than those covered by b and c below are to be preserved or relocated on - site. (b) Applications for removal of trees which are diseased, inured in danger oT falling, or interfere with utility service, create unsafe vision clear- -once, or conflict with other ordinances or regula- tions. (c) Apglications for removal of trees which are listed in Section c as undesirable. (d) Applications involving tree removal and additions or modifications to existing buildings, except where such addition exceeds fifty percent of the existing lot coverage. (e) Applications involving tree removal and site improvements for existing uil n s suc as but not flinited to fences, walls, patios,driveways* pools, etc. (a) A2plications for new develo me_ nt involvin re- moval O existingtrees from the site or iiterQt7jon of other environment�y ,s crn ioant fea ures. — ART IR .IARR }I !} � Iyl� } -}■ !}}!}lJIIU (b) AP1211cations -for develo meat octivi or tree removal not listed in above as e 1 ib a ear a tv ,t va�,.Q'' ... .. �w,'.,'w;m,C�+ -... _.:`��4!?"Swor�..L.�w•Y+-».� .'{.},tilti!:"�, .. .. .. ..,._ _ __ _ .... ... � _ „. Standard Certificate of Approval. (c) Applications referred to the Heritage Conserva- tion Board on appeal from decisions of the Heritage Conservation Officer. (B) 4-A� Applications. GenereH .- All applications for -e- tree - re el►ct -pef rri#--et d fer• a Certificate of Approval within Environmental Preservation Districts -by-4-he-bef+#ege-een servallom-neerr shall be initially made to the Heritage Conservation Officer. 4&4N--her-i# a -td-edn-Ap+stered-by fbe-plenokil-depm4mefl#,- The-e*i 44efr-ftx t--opeeifr4he-nemefeddfess•end-WeFie-+amber s4feet.-eddfess--ewJ--the-4egd--deseFi, the -fee# flropef#�.---�he-app}ice#+en--shed•-die--sdl�ed-+p-#ire--(� s4ages-as-her-e4 + ter-deser-kwd%- Applications shall include the following, and shall remain on file with the City. �83--Inte+hVqfVerY l+ec3tior�.----y4ppiiee+�#s-- �l- -sul fel.lewifig-ifl#er�w�iom- ion form, including all by the property owner. sevpe--ei�eraeter-off-tie--s+#ey-�Mef i--be-�r•�+t#ed--w+#b- �-prefinm�cry�pp�icerHo+�r (2) A certified tree survey, prepared by a registered land surveyor or landscape architect (except that for developed single family and duglex dwelling units such survey maX be preeared by the home owner). Such surveys all show the location of all exist Fng trees, upon the buildable area and the yard area of the entire site as well as all structures ved areas and natural features. Tree information shall summarized rn legend #arm and shall contain the botanical and common name. trunk diameter. aouroximate h6la"it-: trees and lan scape eatures on the site. Groups of trees less than three (3) feet apart may be designated as clumps, with the exception that any tree with a trunk diameter six (6) inches or more must be specifically designated. For large site areas on which development activity or tree removal is to occur on only a portion of the site, the required tree survey shall exclude those portions of the site which will not be affected by the development or the removal LI Awft .d?•,I.i x ��tY j t '!� iy ur :mot :S.c Y41 �y `; i':i A... _?.�::.. y'.. ..a ... .': �,r itYi��+�:�'�`iw'�'.7� t1'f?�'!C•!•'rn{°•'Y�•A;3ti?.�a�, �.i 1.. '+. rr :: i'J'i�i!�",�!?f��('� Y W:+.:•wtTa'�I,fa•T„1"."'T.+•t�r:a?I'iPO�.`."x•-.t.�.�NnM�i ... .....•.••Y-�!iM1.1Y!14RAYIt�A'�IT�tsi'� 1 F activity. The Heritage Conservation Officer shall determine the proper extent of the tree survey. (3) A minimum of two photographs adequately showing the general landscape character of the site and at least one photograph clearly showing each tree proposed to e removed. Each photograph shall be clearly labeled and keyed to the site pion. (4) In cases of applications involving only tree removal and no other development activity, thefoliowing a existing trees to be existing trees to bt before and after re (c) existing trees to re L location, common vslec& YI%./11 1W.. (5) Applications involving deve! requires a building permit s drawn at a minimum scale (b) (c) (el UT Tq (k) 1shape and and spatial and proposed bui! in rrai features. location and descri s and land areas. 1, shape and spatial areas and access roac and Proposed gradinc d utility services. (6) Application fee. (C) w -I2- tion CEF name, caliper, posed new trees or on r ocated. Including positions ition. n in position. in indicating location, com- iame, caliper, height, and new trees and other plant .,,:s�4Y3�j4!V?+rfY.9+!fi',-C*«'au�:.?+���a4.y.4t:.'✓,iclryn::r.-a.'(+f!'M�N!".�1tlt:::�{P'K,�'KLK.1�'a!�is.l'1...4.s±,w�CfJ.Fs� -, 7"" i:srl,y •i�+t�-.'.5,�:£�«`!S'�J ,. 4't°'F�,'�j3R ;��qy�; r� �'�y � �c �-�. .. D: �J_+�! .:"Y•. � �'•,r4.1` ¢. h�Tl� '�•` T S � lf'�'f 1'r ,M r within the iurisdiction of a Standard Certificate of Approval or a Special Certificate of Approval. (1) Where an application is ell ibie for a Standard Certifi- cate of p2LEva.11 the Heritage Conservation Officer shall, wit in 15 days of receipt of a com leted application .1 issue such Standard Certificate of Approval, with or without conditions or deny such Standard Certificate of Approvail with specified rea- sons therefore. (2) Where the nature and extent of Proposed work requires a Special Certificate of pproval, the Heritage Con- servation Board shall hold a public hearing and take action within 45 days of receipt of a completed application. The Board shall either authorize a Special Certi icate of Approval, with or without conditions or deny such Special Certificate of Aonrovni with empni- (D) (E) Changes in Approved Work: An subsequent to issuance of a Certif reviewed by the Heritage Consei mine whether such cane wou ertificate of Approval. If SO. sL re a and Section 17-9. Criteria and Conditions for Tree Removal. (A) Criteria for removal. No permit shall be issued for tree removal from the site, unless one (1) of the following conditions exists: (1) The tree is located In the buildable area or yard area where 4 structure or improvement mQy be placed and unreason- ably r"- tricts the permitted use of the property. (2) The tree Is diseased, injured or in danger of falling, Interferes with utility service, creates unsafe vision clear- ance or conflicts with other provisions of this Code''or other ordinances or regulations. FkC:li9a $� :. '3 ".? �..a,a 'a�sM•,; cur. . ♦. •. ..:w a:�:.. i'�:"-+t �C: t�.3+�%.vt i` :r�` 3r� '4k• $ ..+rY. s'�*xt' �c :t�+��-h _ ^+�•• . , t:�. _ a►a;Ta.:.y:� -� � .E� .� • . .. .,,.�i.�$�!��+i�w$5'J�`�-l�=d".}`4.�r"i��"'`� (3) It is in the general welfare of the public that the tree be removed for a reason other than set forth above. (B) Conditions for relocation and replacement. As a condition to the granting of a tree removal permit, the applicant will be required, where practical, to relocate, remove or replace the trees on the site as follows: (1) All trees on the site which are to be removed may be relocated on the site within the buildable area or the yard area. (2) If it is impractical to relocate a tree which must be removed on the site, the City may require that the tree be removed and replanted on City -owned property at the City's expense. (3) If it is impractical to relocate and replant such trees to be removed either on the site or off the site, because of age, type or size, the tree may be destroyed or the applicant may be required to redesign the project to preserve the tree. (4) In the event that a tree is permitted to be destroyed, an applicant may be required to replace the tree with new trees of comparable size, nature and beauty, as determined by the De artment of Fire Rescue and Inspection Services -t tkfi+�g- er�i g-k ee#itxt-depQttnxmt-or the Heritage Conservation Officer pJamning depef Ament-or by the Board. n no instance, however, shall the replacement tree be less than fifteen (15) feet in height and three (3) inches in diameter. (5) In determining the required preservation, relocation or replacement of trees. the followina factors shall be a) Existi ate sL (b) Num-E The- remoN (d) TF e i trees. (e) IfT (6) tree coveraae on the site and in the immedi- un n'q area. A trees to be removed on the entire site. size and condition of the trees to be ;ibilii , of relocating he particular tree or re tree relocation or replacement Is required the 6val 64ehcy maX re wire that landscapeans e yq+1a���??�+tDtit�d.3�e,.., s?.,?t+ifttAu�c�s.►7t4fiilk�;sew•r+c::.r�rti+ttisrrt+�rryL'a* ye}YAbbKS►Gi*'t ' ls� ! ?w1� a%�^� tl fir+ y.na{'� p'` /"i ^'" r °"e4 ytt�&ii�t"'Wi ' prepared by a 481 of the Flc carried out t approval a en adhere to acc architect licenced under Chapter es and/or that landscape work be :ed a-T ndscaae contractor. The require tl^ soecificat relocation or . �.r IVV VIIIVIII• IIIV M •V�YI 6r1IV 1■IY IVI1 •{. t at sufficient bond a posted to ensure proper compliance with terms and conditions of the tree removal permit. Section 17-10. Tree Protection and Survival. (A) During construction, all reasonable steps necessary to prevent • the destruction or damaging of trees shall be taken. I rees destroyed or receiving major damage must be replaced by trees of equal environmental value as specified by the Department of Officer or by the Board before occupancy or use unless approval for their removal has been granted under permit. v (1) 4-A) During construction, protective barriers shall be placed at the dripline around the trunks of all trees to be retained on the site to prevent the destruction or damaging of the trees. (2) -($} If at all practical, underground utility lines, curbs and other above grade structures should be routed around existing trees to the outside of the dripline of the tree. In the event that this is not feasible, a tunnel made by a power driven soil auger may be placed under the tree for installation of utility lines, or a trench passing by the side of the tree may be used for construction of curbing or to accommodate the installation of utility lines. If a trench is used, care should be taken that as - few roots as possible are cut, that the cuts are made cleanly, and that the root ends are painted with a wound dressing of aspholtbase paint and immediately covered with soil. (3) 4( (4) -W (5) 40 No wires or utility service attachments, other than -1 5- WOO* 1�1�jjM...c;,:icdG. - •s .YMr�WhW'�oaa.wwi-Y•7�+:j.f t CfO*Oi OWN ON _ .. _ . those of a protective nature, shall be attached to any tree. (6) 40Subsequent to construction or the satisfactory stabiliz- ing of a tree, all protective devices shall be removed. The owner of the project on which the tree is located, the applicant for a tree permit or the individual performing physical moving of a tree shall be fully liable and responsible for removal of the devices. (B) 40 All trees transplanted pursuant to this Chapter shall be maintained alive and healthy in the site of transplantal for a period of six (6) months following completion of construc- tion work on the site. Any of such trees which die within such six 6 months shall be replaced by the applicant. The Department of Fire, Rescue and Inspection Services btff — i�-zoF�i+�g-i�spest-depe�ta�ea shall retain jurisdic- tion to insure compliance with this section. Section 17-1 1. Environmental Preservation Review Standards for Tree Removal and Development Activity. The following standards shall be used by the Heritage Conservation Officer or Board in reviewing all site plans, building plans and applications for tree removal within those areas designated as Environmental Preservation District. These standards are intended to provide a frame of reference for the applicant, as well as to provide a basis for reviewing plans and proposals. These standards are not to be regarded as inflexible and are not intended to discourage innovation or creativity. Development should: (1) Preserve the natural environmental character of all sites, insofar as practical, by minimizing removal of trees or other significant environmental features. (2) Preserve or enhance existing topography and natural land form features wherever possible. (3) Use only those signs for identification of principal use. Signs should be of a size, shape and color which are compatible with the surrounding environment. The size of the signs should bear a direct relationship to the rate of speed of passerby, not exceeding a maximum size necessary for recognition. (4) Provide visual screening of all parking areas, service areas or storage areas by using landscaping and building materials which are compatible with the surrounding landscape character. (5) Maintain the continuity of landscape material and spacing characteristic of the surrounding area or scenic corridor. If the development occurs along a designated scenic corridor, the principal natural landscape or manmade elements which form =l 6• ;�.i.i ;1: '±.,� n'k _ . � „t-: •. ,.. i�:'' � • s... �e • — �'t xAr4'w the visual boundaries or enclosing space of the corridor shall be preserved, insofar as possible. (6) Consider the impact of public and private improvements upon the ecological needs of the area. Roadway improvements within scenic corridors and other unique areas should not disrupt or distract from the existing natural environment. Section 17-12. Exception and Exemptions from Chapter Require- ments. (A) During the period of an emergency, such as hurricane, tropical storm, flood or other act of God, or in the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety and to require immediate removal, the requirements of this chapter may be waived by the City Manager. (B) All licensed plant or tree nurseries shall be exempt from the terms and provisions of this chapter, in relation to those trees planted and growing on the premises of such licensee which are so planted and growing for sale to the general public in the ordinary course of such licensee's business. (Q+-AN-eWiea#+ens-#-P free -re"xwel-which-ee-f+-in v elve-arm-new oar+st e#aeri.Qr+ bjee#-.si4e-sho44-be-exefnp#--f-rem the-tefms eFW13, "siens-of see*ief-4 7--7(A ("r--eee#+efv-47-8(B92)-em6 ) ef►d-(C-)jr.wWehever-+s-eppileeble% st��r{•i--b�-•+s�+#ie#ed--bye--#i�-i�eper#�--ewwer,----�e--iae�i#acte oorasef�#ior�o#:#icef-si�a•ii�ekeat��-sF#e-i�as�ea#ior�-aad-�e�ef: e-pry#-deei�+ef�•wt#gift•#kfee-•4�-wa�lEiflg-da�sr-A�� �els�kida er--�+�s�l--e#--e-�ree-akic�N--tie--�e�sis#ef►�-w�#�-i�#e�#.-a#--#I�a c-#�a�#e�: ec�d�e�staf�ar�serad�r�#er-iaae#•for�ta, (C) The following types of trees are considered to be undesirable exotic s ecies or otherwise undesirable ands ail a exempt from t e provisions o this hapter relating to permit fees an application fees. (!) Melaleuca quinquenervia (Caj_apu# or Paperbork Try (2) Casuarina equisetifolia (Australian Pinet Beefwood). ti (3) Casuarina lauca (Brazilian Oak ScoIX Dark Beefwood). '�Y.:b ':.tx�+10C. �-jl•'f:;.it..t ,YN:. i+-9f' :+�?w' K'�!�!'t. e!EtZz, :k.S3�ir.5•x;-. •!�.">a>,"..... •1"�+:i:�y1�.'.I��+ta�Rif.., i�rko�*r;'�! v"�t��"4 r'�d� f, 74,49k?Gi?t:lY';G':^a4�f::•'"rNf«i;;5'i'."7.�W'?f*5yiw':'-;ri.T. ,..�. (4) Schinus terebinthifolius (Brazilian Pepper). (5) Bischof is iavanica (Bishopwood). (6) Ricinus cummunis (Castorbean). (7) Trees which are no longer viable. (8) Trees which are required to be removed by law. (D) Nothing in this Chapter shall be construed to prevent the runm o trees w ere necessary or proper landscape ma inte- of the crown or tolia a is removea. MOOT pruning may 4e carried out by a licenced landscape contractor prior to issuance of a tree remova permit. Section 17-13. Removal of Trees from Public Lands. No tree shall be removed from any public land, public park or public right-of-way, except in accordance with Chapter 59 of this Code. Section 17-14. Public Notice of Applications for Special Certifi- cates of Approval. Public notice is required for all applications for a Special Certifi- cate of Approval in Environmental Preservation Districts. The type and manner of notice will be as follows: (1) Posted notice. Property being considered for a permit under this Chapter shall be posted with a sign at least ten (10) days In advance of the public hearing. The sign shall measure at least three (3) square feet In area, shall be of a color and shape distinguishable from the surrounding landscape, and shall con- tain substantially the following language: A PUBLIC HEARING INVOLVING APPROVAL OF A PERMIT FOR TREE REMOVAL OR DEVELOPMENT ON THIS PROPERTY WILL BE HELD BY THE HERITAGE CONSERVATION BOARD OF THE CITY OF MIAM1. DESCRIPTION OF ACTIVITY: PLACE OF HEARING: TIME: FOR ADDITIONAL INFORMATION CALL 579-6086 The sign shall be erected in full view of the public on each street side or side nearest a street of the property being considered for such permit. (2) Mailed notice. Notice of the time and place of the public hearing by the Heritage Conservation Boord shall be sent at least ten (10) days in advance of the hearing, by moll, to the owner of the subject property and the owners of the, adjodgnt 7-y -. :`��S,xi�^.=�+ ,. �. •...�e�.s;�.f.�1'1:'b,�'fit.. !Y,:..!' ..� ,{ :.?1ie��s�!!� ;a4?Jr4.��"'`'� e±- r property and other departments or agencies deemed appropriate by the Board. (3) Published notice. The published notice shall contain a descrip- tion of the activity and the time and place of the hearing. Publication shall be made in the following: (a) A daily newspaper of *e�-kFgeo- general circulation in the City; (b) A daily newspaper of general circulation in the City, devoted primarily to reporting of financial, business, industrial and legal information; and (c) A newspaper devoted primarily to reporting information of interest in an area or locality of the City. Such publications shall be made not less than ten (10) days in advance of the public hearing and shall be prepared and paid for by the City. Section 17-15. Appeals. (A) Appeals to the Heritage Conservation Board. Any citizen may appeal any decision of the Department of Fire, Rescue and nspection Services or the Plannina Department in enforcement (B) or provision of this wor ona me reasons or arounas for the jtI I .v V -uI l• . I l�r / a twblic hearina a e me flung of sucn appeal. ine rierirage conservation tsoara mmaa affirm, modify or reverse the decision appealed from= Provided that the Board shall not take any action which conflicts with or nullifies any of the provisions of this Chapter.' 14H ',. x.,�.s.:�,•z.,... i -.r s .a';::> ..--t�-:'!a',4 +- �>:.^ �♦ 1"4"•..'� a s-.u�:i'';l'�.'�;3. .M�J=.n"' '?�:�::T.%.'C�..e r«r`��::Yx�J.,y.'i,'TISG,Ct+f.qy+,c'�t�'��,{�AS:T!Y"?�{J'•»i?K;,2.�wYh?i't�'i'�!f.`�il�'(y�".?":- _. .... _ ..n.�.s� ._. .... .. .. _.,:�.- �.-+—+ • within forty-five (45) days of the filing of such appeal. The City Commission may affirm modify or reverse t e oaras ecision. The decision of the City Commission shall constitute ew, ana no Section-1-7-4- 17-16. Penalties. Any person, or agent thereof, violating the provisions of any section of this Chapter shall, upon conviction, be fined not more than five hundred dollars ($500.00), or be imprisoned not more than sixty (60) days, or be both fined and imprisoned, in the discretion of the county judge. The removal, relocation or destruction of each tree for which a tree removal permit is required without a proper permit on the job site shall constitute a separate offense under this Chapter. Section 17-17. Civil Remedies. _ In addition to any other remedies provided by this Chapter, the enforcement agency shall have the following judicial remedies available for violations of this Chapter or any permit condition promulgated under this Chapter: (a) The enforcement agency may institute a civil action in a court of competent jurisdiction to estabish liability and recover _liquidated damages for each violation in an amount of not more constitute a si (b) The enforcem unaer the Drovlsions unctive re s Section -{444. 17-18. Fees. 4A•)•-�e�f#ege�or�se�+r�#tors$eard�eer+Ag#tee,-�,-.�-�,1�8 (A) Standard Certificate of Approval - minimum �25.00 plus $5.00 per tree to be removed or relocated. (B) Special Certificate of Approval - $25.00. (04- All applications for permits for the removal of trees shall be accompanied by a fee, as provided for under Section 5, "Building permit fee", of Ordinance No. 6145, as amended. sfii.l►) Irk)„.� e•5.•��1���� 1' c -�-;: ,•c,V•.<: 'at'P!d: ??`f.+°.i`�:M'i'_a'.Ys/.!i. :t:h.: s� - �W S. :t.l {} q < 7 � iN t'., f ;iF �t <'7 !4". i'+.: ?i".7..' •2'a+,i >W.L :M i.+K+i J..'�.�";i^s•„�:-.�'?_ .�'I '`^-'.t. Ysir+.=T'�2`� 7.• �"� �t ;`v; r '-;i,'kr.}+'Ltrs•r.f:.`:'n;'k'•r.:::.ti::`=t�t;-rX,�G'.�`",a�.Ci:a'j�.'ti '�'it%S•�R i•A�.n'3:`i.Eimer"'.h.9ti119`.L'�f'�Yal"•S:'9'T::'!"2filf #�rr'":'•C'4'tj,r i All aepeats pursuant to Section 17-I5 shall be accompanied by a fee of 5300.00, except that no fee shall be charged for such appeals initiated by agencies of the City or by an owner in fact narurai ana pnysicai environment. Section 4-7-47 17-19. Jw4sdti"or►4o--P,.wflGse" Enforcement. (A) The Department of Fire Rescue and Inspection Services 1-arid-e+►+tg--+ree#ior�-dep�rr#- pnd or Planning Department shall have concurrent jurisdiction for the proper and effective enforcement of this Chapter. (B) The enforcement agency shall immediately issue an order to cease and desist any work being carried out in violation of this Chapter or any permit conditions promulgated under this Chapter. Upon notice of such violation, no further work shall ce take plauntil appropriate remedial action is instituted, as determined by the enforcement agency. (C) I MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dude County, Florida. - STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personally appeared DW= Stuvw, who on oath up UM the Is On Assistant to the Publisher of On Mimn! Review and Dolly Record, a daily (exompt Sahffft, Sunday and L"d Holidays) pAll- d at Mkwd In Dads County, Fkwk* OW dw attached copy oladvaidesim bent aLeWAdverdownwitorNotice In the matt of CITY OF MIAMI Re: ORDINANCE NO. 9769 Mthe ........ X. X. X ......................... Court. was published In &W newspepor In the Issues of Dec.22, 1983 Affierri ft~ sop that the said 111111mral Radem and Daily GIs as 1 1-1, 1 a mmd in said Daft County, and =t Ahm said nevrepaper has herstalm been continuously WMWW in seld Dede =,Y*Ro:!� jeX "d" Misled 88�� Sunft and Legal as 6900j as mall nuitteir at the post ofTld In lhext MMW In sold own Flo*N4 for a period of one yew ow of the atts1*10d ow and says thatshehas paid nor ad any parmor; firm or — CO .1 1, m or refund for the purpose of seehabq this F1 for pulAmation In the "M Cn OTA. to beta me this 22 A.D. iii-al. .......... at Large (SEW At 0 1 tow - My ComMtedort All 111t6rotted will tooter mods thm bfv im 49-h M-0 iIlils~ im, the 01tv emithl"Ibn of'"it"I. AdAdi'm W, We*" fifled 6rdifthfiblill: N Nd 9 N6i #M_, NA TIAL $1NDINft' AND BY MAXWGI- ONPAGE NO.10*f Ciii NJ At A IN ARftLe '31'St , I L # EA PROVI Ij 1190"LO PROW A a III AN dRbIN7IkC1! AMENOINO NANCE NO. 95W, THE 26WINTHE ZO Nima G ORDINANOt"OP011 OFLMIAMI, LOLORib'k OV CHANGING THE ZONING'* FICATION Or LOTS 4;1 N06,1111LOCKIIIAND POR 6PLOS 18,19 A146 0,ttjOCK11,_--l4OLi:&AN PARK 'MIAMI; FLORIDA, ,FA0)AL " AS-W (ONI! FAMILY Off' RESIDENTIAL}-'" . TO CR 4j? [COMMEACIN (COMMUNITY)]; AND OF LOT 7, BLOC (8121I)i MIAMI,,,FLOAIDA, FROM MAGI RESIDENTIAL),70.1tOR-WO [COM E AL-Rifalli (C0MMUNITV)1,8E[N0.THE PROPER AOUVEI S, EXPRtSSW0.80MWI%1 AV IMI ROAD.ANDSOUTHWSST 9Nl5bdUlAT,_AAW1: BY MAKING; FINDINGWAND ISY MAKINGTHE NOO CHANGES ON PAQE,NOKW OF SAID.ZONINGATLA A PART OFAORDINANcrz- Nov. viob by. 140thtm fte'&P-ftl ft"O%k' ' L' L ' & A Ml _n ITY CLAUSE. "*, .ORDINANCE NO, SM, ENDING SEP.,TSMI PRIATJOWN:n INTERIL AUDr 4,',0RAMOVDACC "AMOUNT * FORTH OTAFF�-.AUDITC :,t.ONTAINIIiIti Ali ''ATYCLAUWS ,AN '-.MWi6dP1 41 . rAl I4r6.l %mt ��r ORDINANCE N0.97t{7 �.-� , I ' AN dh)#NANCB htS EA$ECTION .•L`fl"AelCilfi[Mtit��ae.w. Air I�L:i wires ww we.•..rr.+•rd`tr :,.Ycc.ky. .c - II�t1<�AE.L'11141i1'A�'If'?N�'.E1�5N TH6- AS'M9MHERS.Off .AMRNATE MEMBIERS 0ik- rtE'CtTY PLANNtNQFi4hV1$O t:E0AR0 AND THE C ZONING t3OAAD; CONTAINING A AEPEALZR PROYISIOt4Nb A SEV ERABILItY CLAUSE. k OpO1NANCE NO 9788 AN 06WANC'E AMENDING' THE: T'EX1"OF--ORDINANCE NO. %W, THE ZONING -ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY. AMENDING SUBSECTIONS 2003.6 TO PRO. VIDE FOR PERMANENT WHIRLPOOLS AND SIMILAR FACILITIES, AND 2005.7 TO EXCEPT SWIMMING POOLS, WHIRLPOOLS AND SIMILAR FACILITIES FROM THE DEFI- NITION OF YARDS; BY ADDING A NEW SUBSECTION 2008.11 PRQVIDt,J�O-r'HRG >"IQ��4�Agf1.178, , 1�A#� : �i�-= �CMENDtNZ3 ltl tNfB $018.ZI ANEW18 Z F TIVE1'Q TRANSITtq C`7►R�A$ 7�fY[�PAtiK1NC#�it��lfOf� 2025.1.27.2,4 2025.1.27,3,` AND 2025:3:8 QY. DELETINti 'GE TAIN, PROVISIONS RELATIVE TO'SPECIAL PERMITS'AND CONSTRUCTION AND DEVELOPMENT SIGNS. AND 'BY ADDING A NEW SUBSECTION 2028.1 PERTAINING TO CLM TERED DEVELOPMENTS;,FURTHER, BY AMENDING`THE OFFICIAL SCHEDULEOF DISTRICT REGULATIONS: PAGE 1, LIMITATIONS ON. SIGNS, BY ADDING PROVISIONS PERTAINING TO CLUSTERED AND PLANNED DEVELOPMENT HOUSING; PAGE 2, LIMITATION ON SIGNS, BY INCREAS- ING THE ALLOWABLE AREA FOR CONSTRUCTION SIGNS; PAGE 3, RO.2, RO.2.1, RO3, and R0.4, LIMITATIONS ON SIGNS, BY PROVIDING REFERENCE DISTRICTS, ELIMINAT- ING WALL AND PROJECTION SIGNS AND PROVIDING THAT DEVELOPMENT SIGNS ARE PERMISSIBLE BY SPECIAL PERMIT; PAGE 4, CR-2, PERMISSIBLE USES AND STRUCTURES, BY CHANGING THE USE CLASSIFICATION OF PRINTING ESTABLISHMENTS, AND LIMITATIONS ON SIGNS, BY INCREASING THE SIZE OF CONSTRUCTION SIGNS AND REQUIRING SPECIAL PERMITS FOR DEVELOPMENT SIGNS; PAGE 5, LIMITATIONS ON SIGNS, TO INCREASE ` THE SIZE OF CONSTRUCTION SIGNS AND CBD-1, PRINCI- PAL USES AND STRUCTURES, TO PROVIDE THAT SPORTS ARENAS AND EXHIBITION HALLS ARE PERMISSIBLE BY MAJOR USE SPECIAL PERMIT; AND PAGE 6, GU, PRINCI- PAL USES AND STRUCTURES BY PROVIDING FOR LEASE OF GOVERNMENT PROPERTY TO THE PRIVATE SECTOR FOR -USER THAT FURTHER GOVERNMENTAL PURPOSES, AND GU AND PR TRANSITIONAL USE$, STRUCTURES AND REQUIREMENTS, MINIMUM LOT REQUIREMENTS; MINIMUM OPEN SPACE REQUIREMENTS, MAXIMUM HEIGHT, MINI- MUM OFF-STREET PARKING REQUIREMENTS, FLOOR AREA" LIMITATIONS, AND LIMITATIONS ON SKINS TO ALLOW FOR ISSUANCE OF A MAJOR USE SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.9769 AN ORDINANCE AMENDING CHAPTER 17 ENTITLED "ENVIRONMENTAL PRESERVATION" OF THE CODE OF THE CITY OF MIAMI, FLORIDA; AS AMENDED, BY AMENDING SECTIONS 17-1.17A 17.5,-174,17.7' 1",174,17.1 17-11, 17o12, 17.15, 17.16E And 1717 BY- CLARIFYING LANGUAGE, FEES AND PROCEDURES PERTAINING TO -TREE REMOVAL AND FLORIDA LI0EN6E8 FOR LAND$CAPE�ARCHITE4 _$ AND LANDSCAPE CONTRACTORS AND SHORTENING THE' APPEAL PERIOD; FURTHER; ADDING NEW $11CUM.17--16 AND 17•10 PERTAINING TO REVISED FOE00IWOU"0, AND UNIFORM STANDAROO FOR HANDLINGS CASSO OF`ILIaE: QAL TREE REMOVAL RESPECTIVELY; CQNTAl 41NO A REPEAL ER PFit�1�!$14N •ANi� A SEVF,RAI31L fTY RALPH 0. ONGIE CITY CLERK CITY OF MIAMI, FLORI ?A {Ni752) 12122 531,'I2al07M MIAMI REVIEW AND DAILY RECORD _ Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. ' STATE OF FLORIDA COUNTY OF DADE: Before the WNW11gMd authority PAN �� Dlama Show, who on oath says *0 she Is Dally R �ata nt to the Publisher dof ay, MIatM andRsr pMltloltdayN nssrsP�+ Wow Saturday. Sunday attached pOM of d�L being a Le' Do& County � or Notloe in #0 matter of CITY OF MIAMI pp: ORDINANCE NO. In the R..X .. .................... Card, was pubNshsd in said rmm" pw In the issues of Dec.5, 1983 AfnaM further says MMM iM said fAlaml parlor and Daily sd Is* puOMNied atpaMplarrnl a said Dade �. "am In wn@;:Dada � FM** each day S�erday liunday and t sgd N " Poof a been In bNora me this D. to 83... �� ro MON ttiilt the I �� ORDINANCE NO. AN, ORDINANCE AiGi>rNt INCH StOTION 1-of C):iDl €1►1 NO. ftM AOO#ftIi,Si oftm8ER ,;i, , tNE ANNiiA4sr APPROPRIATIONS t , 1kAN(E• ZW EI$CAL• !��►7:t; -tNt�- ING ft-kimEE`I ..t -, BY. N'CktAE1Ni THE. -00b TION IN TR f 6WRAL RUN FOA NE CiEFIARfiM ECONOMIC DEVELOPMENT; IN: THE-AMOUi�iT OF 110 AND BY DEOREASIN(ITHE APPRO0RIATION i,6A S PROGRAMS. AMb-ACCOUNTS CONTINGENCY FliND 1N THE LIKE AMbUNT POO THE "_ A SrkGF PA i d DAILY ADMIN15TRATlvtef-UNUIItmzsVr �ncv rnn�m"V Nl'i DIRECilNG ALL SPECIAL IIOJECTS'A►MSOOATED 1 yk:$1 " GRAN*' FUNDING, A$$IST IN DEVELOPING NEW BUSIN G .A STARTS IN THI &MMUNITY DEVELOPMENT-TAHGET:I4REA8 AND PERFORM OT.,RELATDUTIESAS�:A H15AED ' It3NO: CONTAINING A'REPEALER PROVISION ANI5 A)S`EVEPA91Lr ITY CLAUSE. ORDINANCE NO, r` AN ORDINANCE REPEALING- SECTION 0 C& k, ful) "REAPPOINTMENT", OF.CHApTER 63 ; ENTITI.f '',`ZCDN[N, G AND PLANNING' , OF .THE Cs ODE OP:)THk • IV� .1 flF,Mf'_ r FLORIDA, AS AMENDED, IN ITS ENTIRETY, THEROBYfi�V ING ALL LIMITATIONS. UPON THE LENGTH OF $ iGiz d THAT -MAY :BE PERFORMED BY.INDIVIDUALGApp(1!II!T tw AS MEMBERS .OR ALTERNATE MEN18l:RS ,OF PLANNING ADVISORY BOARD .AND THE:'C,ITY zon��NG i BOARD; CONTAINING A'REPEALER PROVISiONANDA8E1i ERABILITY CLAUSE. 5-�r ORDINANCE NO, AN bADINANCE AMENDING THE NO. 96W AS. AMENDED,' THE ZON N941TV OF MIAMf1'FLOF1I0A BY iE 6iAL Rem6ENt AL 01MOTS" AND *N$1571 ENTITLEQ'"INTENT ; 16?2 ENU PERMITS",16T3 ENTITLED "PERMISSIBLE :9IND'STRUCTURES", 1S78 ENTITLED LOCATIIJN,:YAAU S(ZE, GROUND LEVEL SETBACKS; URBAN PLAZAS, CLASS C SPECIAL PERMITS AND HEIGHT LIMM PROVIDING SPECIAL REQUIREMENTS FOR GROUND LEVEL PEDESTRIAN OPEN SPACE, STREET FURNITURE, LANDSCAPING, AND PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION AND SEVERABIU ITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING- CHAPTER 17 ENTITLED "ENVIRONMENTAL PRESERVATION" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS 17-1, 17 3, 17 5, 17$, 17.7r 178, 17.9r 17-10,17-11, 17.12, 17-15, 17.16 and 17.17 BY CLARIFYING LANGUAGE, FEES AND PROCEDURES PERTAINING TO TREE REMOVAL, CERTIFICATES OF APPROPRIATENESS, AND TREE REMOVAL ENFORCEMENT; BY REQUIRING PERFORMANCE BONDS AND FLORIDA LICENSES FOR LANDSCAPE ARCHITECTS AND LANDSCAPE CONTRACTORS AND SHORTENING THE APPEAL PERIOD; FURTHER, ADDING NEW SECTIONS 17.18 AND 17-19 PERTAINING TO REVISED FEE SCHEDULES AND UNIFORM STANDARDS FOR HANDLING CASES OF ILLE- GAL TREE REMOVAL RESPECTIVELY; CONTAINING- A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO.9-=, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTIONS 2003.6 TO PRO- VIDE FOR PERMANENT WHIRLPOOLS ANDtSIMILAR FACILITIES, AND 2005.7 TO EXCEPT SWIMMING POOLS, WHIRLPOOLS AND SIMILAR FACILITIES FROM THE DEFI- NITION OF YARDS; BY ADDING A NEW SUBSECTION 2006.11 PROVIDING RECREATION FACILITY SETBACKS; BY AMENDING SUBSECTIONS: 2018.2.1 AND 2018.2.2 RELA- TIVE TO TRANSITIONAL AREAS AND PARKING IN NOW RESIDENTIAL AND RESIDENTIAL AREAS, RESPECTIVELY; 2025.1.27.2, 2025.1:27.3, AND 2025.3.8 BY DELETING CER- TAIN PROVISIONS RELATIVE TO SPECIAL PERMITS AND CONSTRUCTION AND DEVELOPMENT SIGNS; AND BY ADDING A NEW SUBSECTION 2028.1 PERTAINING TO CLUS- TERED DEVELOPMENTS; FURTHER, BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS: PAGE 1, LIMITATIONS ON SIGNS, BY ADDING PROVISIONS PERTAINING TO CLUSTERED AND PLANNED DEVELOPMENT HOUSING; PAGE 2, LIMITATION ON SIGNS, BY INCREAS- ING THE ALLOWABLE AREA FOR CONSTRUCTION SIGNS; PAGE 3, RO-2, RO-2.1, R0.3, and RO-4, LIMITATIONS ON SIGNS, BY PROVIDING REFERENCE DISTRICTS, ELIMINAT- ING WALL AND PROJECTION SIGNS AND PROVIDING THAT DEVELOPMENT SIGNS ARE PERMISSIBLE BY SPECIAL PERMIT: PAGE 4, CR-2, PERMISSIBLE USES AND STRUCTURES, BY CHANGING THE USE CLASSIFICATION OF PRINTING ESTABLISHMENTS, AND LIMITATIONS ON SIGNS, BY INCREASING THE SIZE OF CONSTRUCTION SIGNS AND REQUIRING SPECIAL PERMITS FOR DEVELOPMENT SIGNS; PAGE 5, LIMITATIONS ON SIGNS, TO INCREASE THE SIZE OF CONSTRUCTION SIGNS AND CBD-1, PRINCI- PAL USES AND STRUCTURES, TO PROVIDE THAT SPORT$ ARENAS AND EXHIBITION HALLS ARE PERMISSIBLE BY MAJOR USE SPECIAL PERMIT; AND PAGE 6, GU, PRINCI- PAL USES AND STRUCTURES BY PROVIQING FOR LEASE OF GOVERNMENT PROPERTY TO THE PY41VATE SECTOR FOR USES THAT FURTHER GOVERNMENTAL PURPOSES, AND GU AND PR TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, MINIMUM LOT REQUIREMENTS, MINIMUM OPEN SPACE REQUIREMENTS, MAXIMUM HEIGHT, MINI- MUM OFF-STREET PARKING REQUIREMENTS, FLOOR AREA LIMITATIONS, AND LIMITATIONS ON SIGNS TO ALLOW FOR ISSUANCE OF A MAJOR USE SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said proposed ordinance(s) may be Inspected by the public at the office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, during the Hours of 8.00 a.m. to 5.00 p.m, All Interested parties may appear at the meeting and be heard with respect to the proposed ordinance(s). 600411r!�n y, p#(494. Ilesirg to appeal any decision of the City Com- misiott Vttith►+Mft.t4 flny matter tla t!an;►QtAj 1I9fttlr►Q, that pervon ah IIenquire that a verb411r9 "W44!�k� _ 1�11110 made inc)ut#ing 01.toelimony and;.11YI Flame ypo� Pl may be ise� _ CITY CL99K . CITY OF MIAMI, Ft,019A (M1738) Publiq#(il#n of tOilt N.q;lao 4n the 5 day of December, jW3, 12►5 83.120501 M