HomeMy WebLinkAboutLegislation-SUB (Version 6)P2_ 13 - ff Dy 13, -to
�� pF City of Miami City Hall
m
3500 Pan American
Drive
�.N.....n!8Miami, FL 33133 � Legislation
>�o�rnn�y www.miamigov.com
Ordinance
File Number: 09-01344zt Final Action Date: Oro Q3
f..L. m
(4/5THS VOTE) 1
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 .)
OF THE CITY OF MIAMI CODE, AS AMENDED ENTITLED "ENVIRONMENTAL
PRESERVATION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL Q Z
OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION 0 () O
DISTRICTS; CREATING A NEW ARTICLE I "TREE PROTECTION IN GENERAL";
Uj Uj
AMENDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE II ENTITLED ('�
"ENVIRONMENTAL PRESERVATION DISTRICTS"; CONTAINING A U N
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. O..
Ca m
I —I UJ
�—
WHEREAS, these regulations concern architectural, aesthetic, environmental, cultural andhitoricc
concerns that more appropriately belong in the Code of the City of Miami, Florida, and
WHEREAS, the protection of the tree canopy and environmental features within the City of Miami
is of paramount importance, as they add much to creating the city's physical character;
and
z
C
WHEREAS, both tree protection and environmental preservation address the stewardship of the
z �
city's living features, which includes its topographic, geological and landscape features, and
v
WHEREAS, these amendments to Chapter 17 of the City Code establish procedures for the
a o
removal of trees throughout the City of Miami and in environmental preservation districts,
� w
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
�¢�-
w_ m
FLORIDA:
4 LU �-
Z U.,
Section 1. The findings in the Preamble to this Ordinance by
U �z,s
C7
d
recitals and contained are adopted
�,
reference and incorporated as if fully set forth in this Section.
o
Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation" is amended in the
following particulars: {1}
ARTICLE I. TREE PROTECTION IN GENERAL
Sec. 17.1. Intent and purpose
The intent of this article is to protect, preserve and restore the tree canopy within the City of Miami
("city") by regulating the removal, relocation and trimming of trees.
The purpose of this article is to assure that the design and construction of all development activity is
City of Miami Page 1 of 29 File Id: 09-01344r1 (Version: 6) Printed On: 511212010
aq- 01�q`{ Z� = Lech i s lot ova_ SUtb (VItrs,on (�
s 0
File Number: 09-01344zt
executed in a manner consistent with the preservation of existing trees to the greatest extent
possible.
Sec. 17.2. Definitions.
For the purposes of this article, the following words and phrases shall have the meaning respectively
ascribed to them by this section:
Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property under a
written lease authorized to apply for a building permit.
Arborist, certified: A person who is certified by the International Society of Arboriculture (ISA) and is
well -versed in the art of arboriculture, including tree surgery, the prevention and cure of tree diseases,
and the control of insects.
Buildable area: The portion of the site exclusive of the required yard areas as defined by the Zoning
Ordinance of the Citv of Miami and its successors.
Certificate of Approval: A written document permitting tree removal or development activity within
those areas identified and established as environmental preservation districts or scenic transportation
corridors.
a. Standard Certificate of Approval. A written document issued by the Preservation Officer for tree
permits located within an environmental preservation district.
b. Special Certificate of Approval. A written document issued by the Historic and Environmental
Preservation Board ("HEPB") where the Board must decide if a major addition, removal or alteration
of trees meets the requirements of this article. This certificate will be considered by HEPB in
accordance with the procedures for a special certificate of appropriateness in 23-5(4), of the Miami
City Code, as amended.
Code enforcement board: The code enforcement board of the City of Miami as appointed pursuant to
Chapter 2, Article 10, of the Miami City Code. For purposes of this article, code enforcement board
shall be synonymous with and have all powers of the special master. The terms may be used
interchangeably.
Controlled tree species: Those tree species listed in the Miami -Dade County Landscape Manual
which tend to become nuisances because of their abilitv to invade proximal native plant communities
or native habitats, but which, if located and cultivated properly may be useful or functional as
elements of landscape design.
Crown: The upper part of a tree, measured from the lowest branch, including all branches and ZZ z
�v
foliage. � a
C)
Dead
Dead Tree: A tree which has no vital functions.
_v
Department: The department of code enforcement, or that department/office in which the code z m
inspectors as defined in Chapter 2, Article 10, of the Miami City Code are located. Q
z
nn
E2
x
w
0
Q
z
w
F
z
LU
LU
u7
LU
M
Cite of Miami Page 2 of 29 File Id: 09-01344.-1 (Version: 6) Printed On: 5/1212010
z
0
n
File Number: 09-01344zt
Development activity: The carrying out of any building construction, including without limitation
building addition, modifications or demolition, or making any material alteration to the use or exterior
appearance of any structure or site.
Diameter (DBH): The diameter at breast height of a tree's trunk measured at a height four and
one-half (4 1/2) feet above grade. In the case of multiple -trunk trees, the DBH shall mean the sum of
each trunk's diameter measured at a height four and one-half (4 1/2) feet above grade.
Drip line: An imaginary vertical line running from the outermost horizontal circumference of the tree
branches and extending to the ground.
Environmental preservation districts: Geographical areas, parcels or corridors, which have been or
may be identified, are established by the city commission as significant natural or manmade 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. The City's
Environmental preservation districts are designated in an atlas kept on file with the Department of
Planning.
Environmentally significant feature: Natural or manmade artifacts, 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 a whole.
Environmentally significant features include all trees within the city and specifically designated
natural, topographical or geological formations, mangrove areas, natural hammocks, unique scenic
vistas or transportation corridors and rare and valuable plant material.
Exotic tree species: A plant species that has been introduced from other regions, and is not native to
the region to which it is introduced.
Fatally Diseased Tree: A tree which has a condition that impairs its normal functionina. as manifested
by distinouishina sians and symptoms that will cause the death of the tree. and for which there is no
know effective cure or treatment.
Landscape manual: The Miami -Dade County Landscape Manual, latest edition, which is the official
landscape manual issued by Miami -Dade County, Florida, and incorporated herein by reference. The
landscape manual, as amended from time to time, is adopted by reference by the city and deemed
City of Miami, Page 3 of 29 File Id: 09-01344zi (Version: 6) Printed On: 5/12/2010
z
0
Girdlinq: The removal of a strip of bark from around a stem or trunk so as to block the downward
movement of carbohydrates. Girdling used to kill a tree.
Z Ln
�vz
Grade: The around level of a subiect property measuring the degree of rise or descent of a sloping
t—
D p o
surface.
CA
Hatracking (Topping): The reduction of tree size using inter -nodal cuts without regard to tree health
LU
�- d �-
or structural integrity.
� z
Hazardous tree: A tree with the potential to fail or fall, in an environment that may contribute to that
C v u
failure, and such that a person or object could be injured or damaged by that failure. A tree removal
M a m
permit shall be issued for a hazardous tree, provided the hazard cannot be abated by other means
z o ¢ p
(i.e. pruning trimming, fruit removal, removal of hazardous limbs).
�'
Landscape manual: The Miami -Dade County Landscape Manual, latest edition, which is the official
landscape manual issued by Miami -Dade County, Florida, and incorporated herein by reference. The
landscape manual, as amended from time to time, is adopted by reference by the city and deemed
City of Miami, Page 3 of 29 File Id: 09-01344zi (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
incorporated by reference as if set forth herein. If a conflict arises between the landscape manual
and this article, the latter shall prevail.
Native tree species: Plant species with geographic distribution indigenous to all or part of
Miami -Dade County. Plants which are described as being native to Miami -Dade County in botanical
manuals such as, the Mian -ii -Dade County Landscape Manual, are considered native plant species
within the meaninc of this definition.
Owner: Any person, entity, corporation, partnership, trust, holding company, limited liability company
or any other legally recognized entity that is the legal, beneficial or equitable owner of any interest
whatsoever in the property. Owner shall include any purchaser, assignee, successor, or transferee of
any interest whatsoever in the property regarding any provisions of this article.
Person: As per the definition set forth in Chapter 1, Section 1-2 of the Miami City Code.
Prohibited tree species: Those tree species that are detrimental to native plants, native wildlife,
ecosystems, and human health, safety or welfare. Prohibited tree species includes those designated
in the Miami -Dade County Landscape Manual and the Ficus Benjamina/Weeping Fig.
Protective barriers: Barriers that are placed around existinq trees to provide protection during
construction on a subject property as described in the Miami -Dade County Landscape Manual.
Pruning/trimming: The selective cutting of tree or plant parts done to encourage new growth or better
flowering; to remove old stems or deadwood; or to shape trees according to the Standards set forth in
the ANSI A300 Tree Care Standards Manual ("ANSI A300 Standards"), incorporated herein by
reference. A tree removal permit shall also be required for the pruning or trimming of tree(s) not in
compliance with ANSI 300 Standards.
Replacement or replacement trees: Those tree(s) that are planted for the purposes of restoring the
tree canopy and replacing existing tree(s) whose removal was authorized under this article.
Roots/root systems: The tree part containing the organs used for extracting water, gases and
nutrients from the soil and atmosphere.
Scenic transportation corridor. Those roadways identified by the State or by the city commission
resolution as having a unique landscape , an expansive tree canopy and/or unique landscape
features that is of substantial environmental or scenic importance to residents and visitors.
Site plan: A comprehensive plan drawn to scale indicating site elevations, roadways and location of
all relevant site improvements including structures, parking, other paved areas, ingress and egress
drives, landscaped open space and signage.
Sound nursery practices: The procedures of landscape nursery work that comply with the standards
set by the Florida Department of Agriculture and Consumer Services.
Special master: The person(s) appointed pursuant to Chapter 2, Article 10, of the Miami City Code.
For purposes of this article, the special master shall be synonymous with and have all powers of the
code enforcement board. The terms may be used interchangeably.
TRIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT F ND OF TMS
DOCUMENT
City of Miami Page 4 of 29 File Id. 09-01344:.7 (Version: 6) Printed On: 511212010
0
File Number: 09-01344zt
Spiking: The insertion whether vertically or horizontally, of foreign objects into the base of the tree or
its root system. Spiking is often used to kill a tree.
Spread: The average diameter of the crown.
Stems: The main upward axis of a tree consisting of nodes and bearing leaves above the ground,
which serves to support the tree and transport and store food materials.
Specimen tree: A tree with any individual trunk or a multiple trunk tree, the sum of the diameter of the
trunks having a diameter at breast height (DBH) of eighteen (18) inches or greater. This excludes the
following:
a. Non-native fruit trees cultivated or grown for the specific purpose of producing edible fruit,
including, but not limited to: mangos, avocados or species of citrus;
b. Non-native species of the genus Ficus; and
c. All trees in the palm family.
Tree: Any self-supporting woody plant or palm which usually has a single main axis or trunk, with a
minimum trunk diameter at breast height of two (2) inches and a minimum overall height of twelve
(12) feet. This definition excludes plants which are defined as shrubs, hedges, vines, or ground
covers. Palms shall have a minimum height of fourteen (14) feet in order to be classified as a tree.
Tree abuse: Tree abuse shall include:
a. Damage inflicted to any part of a tree, including the root system, by machinery, construction
equipment, carribium laver penetration, storage of materials, soil compaction, excavation, chemical
application/spillage or change to the natural grade;
b. Hatracking:
c. Girdling, spiking or bark removal of the trunk;
d. Pruning techniques not in accordance with the current ANSI A300 Standards.
e. Excessive root cutting.
Tree Removal: The act of cutting down, destroying, moving, or effectively destroying through
damaging, any tree situated on any real property or public property within the city.
Viable: A tree, which in the iudgment of the department is capable of sustaining its own life
processes, unaided by man for a reasonable period of time.
Sec. 17.3. Applicability
fhe provisions of this article shall apply to all public or private DroDerty within the city. unless
expressly exempted bV law.
THIS DOCUMENT IS A SUBSTITUTION
"TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
City of Miami Page 5 of 29 File Id: 09-01344-t (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
Any tree removal on a public right-of-way or on property owned by the city shall require a permit from
the public works department, unless it is deemed in writing by the Public Works Director or the
Director of the department of code enforcement that such permit will be an undue burden for the city
and is not in the best interest of the public health, safety and welfare of the city.
All trees located within environmental preservation districts shall also be subiect to the requirements
of article 2 of this chapter.
Palms with a DBH of six (6) inches and a height over sixteen (16) feet shall also be subject to these
requirements.
All trees located within natural forest communities shall also be subject to the requirements of article
3 of chapter 24 of the Miami -Dade County Code, as amended.
All mangrove trees and any tree located upon land which is wetlands as defined in F.S. & 373.019, as
amended from time to time, shall also be subject to the permitting requirements of article 2 of chapter
24 of the Miami -Dade County Code, as amended.
Sec. 17.4. Tree removal permit applications, requirements, review, and fees. zz
1=-
17.4.1. Permit, when required. A tree removal permit shall be required for the removal or relocation ::D
Fz
of any tree within the city, unless exempted by section 17.11. A tree removal permit shall also be rrA
v T
required for crown pruning not in accordance with ANSI A-300 Tree Care Standards, incorporated ce- �
herein by reference,' or for any root pruning. No person, agent or representative thereof, directly or O
indirectly, shall cut down, remove, relocate, or effectively remove through tree abuse, any tree 2 t °
situated on any property described in section 17.3, without first obtaining a tree removal permit as z
hereinafter provided. A tree removal permit shall be required for the pruning of any tree roots, except
for the pruning of roots when essential for any repairs or improvements performed by or for the
department of public works or capital improvements. No building permit for any work that has the o
potential to affect trees, including new construction, additions, carports, pools, decks, fences, °
driveways, parking lots, tennis courts, demolition, or similar work, shall be issued by the building Ln o z
department unless the zoning department has determined that a tree removal permit is not required
or that a valid tree removal permit has been issued in accordance with this article.
17.4.2. Application requirements. Applications shall be made on the form provided for that purpose
and shall include a written statement indicating the reasons for the removal or relocation of each tree.
The followina documentation and anv applicable fees shall accomDanv applications:
ADDlications for tree removal in coniunction with new construction. including additions. Dools. and
decks, shall include a tree survey, drawn to scale, identifying the tree species, location, and listing
the height, spread and diameter of all existing trees. The tree survey shall illustrate the location of all
existing structures, the Location of any overhead and/or underground utilities and the right-of-way
limits, edges of pavement, including all trees within the right-of-way. This survey shall be prepared
by a professional land surveyor, licensed in the State of Florida.
Applications for a building permit or tree removal shall also include a tree disposition plan drawn to
scale identifying and listing all existing trees and specifying the condition of each tree and whether
said trees are to remain, to be removed and/or to be relocated. The tree disposition plan shall also
contain the value of specimen trees that are listed to remain and/or to be relocated. The valuation of
trees shall be appraised using the Council of Tree and Landscape Appraisers Guide for Plant
City of Mia ini Page 6 of 29 File Id: 09-01344-1 (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
Appraisal, latest edition The tree disposition plan shall superimpose all proposed new construction,
and the new locations of existing trees to be relocated on site over the tree survey plan information.
For applications involving the construction of a new building(s), the tree disposition plan shall be
prepared by and bear the seal of a landscape architect currently licensed in the State of Florida.
b. Applications for tree removal in conjunction with any other activity requiring a building permit,
demolition permit, or for any other tree removal, shall include a site plan drawn to scale, or existing
Property survey, identifying the location of the tree, the species and listing the height, spread and
diameter of all existing trees. Said site plan may be limited to the immediate area of the proposed
work. Applications for a building permit, demolition permit, or tree removal shall include a tree
disposition plan drawn to scale, or such plan incorporated onto an existing property survey, listing
all existing trees and specifying the condition of each tree and whether said trees are to remain, to
be removed and/or to be relocated. This plan shall also illustrate the location of all existing
structures and/or all proposed new construction, the location of any overhead and/or underground
utilities and the new locations of existing trees to be relocated on site.
c. All applications shall have a tree replacement plan / landscape plan drawn to scale that illustrates
all proposed new construction, new locations of relocated trees, and new replacement tree locations
that complies with the requirements of section 17.6. entitled "Tree replacement' . For applications
involving the construction of a new building(s), the tree replacement plan shall be prepared by and
bear the seal of a landscape architect currently licensed in the State of Florida.
d. Anytime construction or development is to be undertaken, a tree protection bond equal to the value
of the specimen tree(s) to remain and/or to be relocated shall be posted. The bond shall remain in
effect for one (1) year after the final certificate of occupancy is issued.
e. Tree removal and tree replacement for homestead residents (homestead lots) are to comply with
the following alternate requirements:
1. Non -specimen and non-native tree or palm species may be removed after obtaining a tree removal
permit. Tree replacement shall be required at a one to one ratio upon written confirmation from the
City.
2. Any removal of a specimen tree, native tree or native palm species shall require a tree removal
permit and shall comply with the standard tree replacement quantities and requirements.
3. Hazardous trees, fatally diseased trees, and dead trees may be removed after obtaining a tree
removal permit attached with a letter from a Certified Arborist or Horticulturist confirming that the tree
is hazardous, fatally diseased, or dead. The department may require photographs of the tree(s)
depicting the hazardous condition, signs or symptoms of a fatal disease, or a dead tree. Furthermore,
the department may require supporting documentation such as a hazard tree analysis, laboratory
analysis report, or relevant scientific literature. After obtaining a tree removal permit, the designated
tree(s) may be removed without the need for tree replacement.
TRIS DOCUMENT l5 A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
City of Mia ini Page 7 of 29 File Id: 09-01344v (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
4: Prohibited trees may be removed after obtaining a tree removal permit. The department may
require photographs of the tree(s) to support the identification of the tree species. Prohibited trees
be removed without the need for tree replacement.
5. Homestead residents may obtain a tree removal permit for their property on an expedited basis.
17.4.3. Review of application. Upon receipt of a completed application, the Department of Code
Enforcement (herein referred to as "Department") shall review said application for compliance with the
regulations as set forth in this article. Such review shall include a field inspection of the site and
referral of the application to other departments or agencies as necessary. Within fifteen (15) calendar
days of the receipt of a completed application, the department shall issue an intended decision
approving, denying or approving with conditions the permit request.
17.4.4. Notice. Within twenty-four (24) hours of issuing the intended decision for a tree removal
permit, the department shall notify the applicant and post a notice of the intended decision on or
adjacent to the subject property in a location where it is visible to the general public. The posting shall
provide a general description and location of the tree(s) on site to be removed or other action
requiring the tree removal permit. The intended decision shall also be sent to the Home Owners'
Associations registered with the Neighborhood Enhancement Team in that area.
17.4.5. Issuance of permit. If no appeal, in accordance with section 17.8, is timely filed within ten (10)
calendar days of the issuance of the intended decision, the tree removal permit, if originally approved
by the department, shall be issued. The property owner shall insure that the tree removal permit is
displayed until the authorized work is completed.
17.4.6. Fees. Fees shall be as established pursuant to section 10-4, as amended, "Building Permit
Fee Schedule," of the Miami City Code. Applications from government agencies for tree removals in
areas dedicated to public use may, at the discretion of the city commission, be exempted from
application fees and permit fees by resolution.
17.4.7. Final inspection. No later than six (6) months following the completion of the authorized work,
the applicant shall schedule a final inspection with the department for verification and acceptance of
the final authorized work.
Sec. 17.5. Criteria and conditions for tree removal and relocation.
17.5.1. Criteria for tree removal. No permit shall be issued for tree removal unless one of the
following criteria exists:
a. The tree is located in the buildable area or yard area where a structure or improvement may be
placed and the tree unreasonably restricts the permitted use of the property. Trees located in the
property frontage (within the 15 -foot setback), are not considered located within the buildable area or
yard. Ingress and egress to garages are not considered buildable or yard areas. Trees on a public
right-of-way shall not be considered for removal because they restrict ingress or egress to the
garages or parking on the site, except if there is no other reasonable access to and from the structure
or to the property from the public right-of-way. This restriction shall be waived by either the Director of
Code Enforcement when it relates to the private property and/or by the Director of Public Works when
City of Miami Page 8 of 29 Fite Id: 09-01344::t (Version: 6) Printed On: 5/12/2010
z
O
LZv)
NU2
IMaw
C4 C
¢tea
CA
LU
LU
z m ¢
ua
?viz
O v U w
Qzc�
Fv0
1]
File Number: 09-01344zt
it relates to the public right-of-way.
b. The tree: is diseased, injured or in danger of falling; interferes with utility service; creates unsafe
vision clearance; or is in danger of materially impairing the structural integrity of an existing structure.
c. The tree is an exotic tree species and will be replaced with a native tree species to promote gopd
forestry practices; creates a health hazard; interferes with native tree species; or creates a negative
impact on natural land features such as rock outcroppings, sink holes or other geological, historical or
archeological features.
d. It is in the interest of the general welfare of the public that the tree be removed for a reason other
than set forth above.
17.5.2. Conditions for tree removal, relocation and replacement. Any or all of the following conditions
may be required:
a. The applicant may be required to redesign the project to preserve specimen tree (s) or any other
tree determined by the department to be of substantial value because of its species, size, age, form
and/or historical significance, and to provide an alternate plan that includes the preservation of said
tree (s) and design alterations within the scope and intent of the initially proposed plan.
b. Where practical, specimen trees or any other tree determined by the department to be of
substantial value because of its species, size, age, form and/or historical significance, proposed for
removal, shall be relocated on or off-site. The applicant shall adhere to acceptable tree relocation
standards and specifications. The department may require a Certified Arborist to monitor the root
pruning and tree relocation preparation efforts on site and to provide documentation certifying that the
work was accomplished according to acceptable tree relocation standards and specifications.
c. If it is impractical to relocate said tree(s) either on or off-site, because of age, type or size, the
applicant shall be required to replace all trees permitted to be removed in accordance with the tree
replacement requirements in section 17.6.
d. The department may require that the applicant provide a written report from a certified arborist
before making any determinations in conjunction with this section. The department may also require
monitoring by a certified arborist during construction to assure tree preservation.
Sec.17.6. Tree replacement.
17.6.1. Tree replacement chart. The tree replacement Chart 17.6.1.1 below, shall be used to
determine the total number and size of trees that shall be planted as replacement trees for all trees
permitted to be removed. The replacement trees are based on the diameter in inches (DBH) of the
trees to be removed. To determine the required replacement trees, calculate the total sum in inches
of the diameters of all trees to be removed. This sum will result in one (1) single number in inches that
represents the combined total of the diameters of all trees to be removed. Diameter measurement
shall be rounded up to the nearest inch.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
City of Miami Page 9 of 29 File Id: 09-01344.-t (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
Chart 17.6.1.1 Tree Replacement
Chart
Total diameter of
Total number of replacement
Total number of replacement
F-
tree(s) to be removed
replacement trees required (2" DBH
OR
relacement trees required (4" DBH
- (Sum of inches at
minimum each: 12' minimum
minimum each: 16' minimum
C7
DBH)
height
height
w x
2"--3"
1
or
0
¢ O
4"--6"
2
or
1
9
7"--12"
4
or
2
v LU
13"--18"
6
or
3
19"--24"
8
or
4
z
25"--30"
10
or
5
z w z
31 "--36"
12
or
6
p V u,
37"-42"
14
or
7
m
43"--48"
16
or
8
c
49"--60"
20
or
10
U 0
If the sum of the diameter of trees to be removed exceeds a total of sixty (60) inches, the additional
inches shall be added cumulatively from the top of the chart, down to the bottom of the chart, to
calculate the number of trees required as replacement trees.
Up to thirty (30) percent of the two (2) inch DBH replacement tree requirement may be met by native
species with a minimum height of eight (8) feet and a minimum DBH of one (1) inch at time of
planting.
Palms of a fourteen (14) foot minimum overall height and minimum DBH of three (3) inches at time of
planting shall count as a required two (2) inch DBH replacement tree on the basis of two (2)
Palms -per required tree. No more than thirty (30) percent of the required replacement trees shall be
palms.
17.6.2. Tree species. Tree(s) installed as replacement trees shall be of a native or non-native
species and shall be planted at grade or ground level according to ISA best management practices
manual, incorporated herein by reference. When more than ten (10) trees are installed as
replacement trees, a diversitv of species shall be required as per Chart 17.6.2.1 Tree Species
Diversity Chart, below.
Chart 17.6.2.1 Tree Species Diversity Chart
Required number of trees Required minimum number of species
11--20 2
21--50 4
51 or greater 6
17.6.3. Prohibited species. Replacement trees are not required for the removal of any prohibited
species except Ficus altissima (Lofty Fig) and Ficus benghalensis (Banyan Tree). No fees will be
assessed for removal of prohibited tree species.
17.6.4. Tree quality. Trees installed as replacement trees in accordance with this section shall
conform to, or exceed, the minimum standards for Florida Number One as provided in the most
current edition of "Grades and Standards for Nursery Plants, Part I and ll," prepared by the Florida
Department of Agriculture and Consumer Services, and incorporated herein by reference. Trees shalt
City of Miami Page 10 of 29 File Id. 09-01344.1 (Version: 6) Printed On: 5/12/2010
0
File Number: 09-01344zt
•
be planted according to sound nursery practices as illustrated in the landscape manual.
17.6.5. Off-site replacement trees. If the total number of trees required as replacement trees cannot
be reasonably planted on the subject property, the applicant may enter into an agreement with the
city, as approved by the department, to plant the excess replacement trees on public property within
the city commission district of the subject property. An alternative to off-site replacement is provided
in section 17.6.6, relating to the contribution to the tree trust fund. Applicants may do both to the
extent that thev should proffer to do so.
17.6.6. Tree trust fund. If the total number of trees required as replacement trees cannot be
reasonably planted on the subject property, the applicant shall contribute to the city's tree trust fund
the sum of one thousand dollars ($1,000.00) for each two-inch DBH tree required as replacement
trees in accordance with Section 17.6.1.1. A city resident with current proof of residency and
homestead status shall contribute five hundred dollars ($500.00) for each two-inch DBH tree required
as replacement trees in accordance with Section 17.6.1.1, one time during a calendar year on his or
her homestead property. An addition or an alternative to contributing to the tree trust fund, is
provided in section 17.6.5, relating to off-site replacement trees. Applicants may do both to the extent
that they should proffer to do so.
Durina demolition and/or development or construction, including installation of irrigation systems or
any other underground installations, protective barriers shall be placed around each tree and shall
remain in order to prevent the destruction or damaging of roots, stems or crowns of such trees. The
barriers shall remain in place and intact until approved landscape operations begin; however, barriers
may be removed temporarily to accommodate construction needs, provided that the manner and
purpose for such temporary removal will not harm the trees. The trees shall be properly irrigated
throuahout the buildina process. Trees damaaed during construction shall be subiect to the provisions
of section 17.9.
17.7.2. Tree orunina/trimmina. The prunina or trimmina of anv tree shall be done in accordance with
the standards set forth in the ANSI A-300 Tree Care Standards and the guidelines illustrated in the
landscape manual, both incorporated herein by reference. "Hatracking" or "topping" is not permitted
and shall be considered a violation of this article. Any other tree abuse, or activity that can effectively
destroy a tree, shall also be considered a violation of this article.
Sec 17.8. Appeals, appellate fees.
17.8.1. Appeals to the historic and environmental preservation board (HEPB). The property owner,
the applicant, or any aggrieved party having standing under Florida law, may appeal to the HEPB any
City of Miami Page 11 of 29 File Id: 09-01344v (Version: 6) Printed On: 5/12/2010
z
17.6.7. Completion. The replacement tree process shall be completed prior to the issuance of a
certificate of occupancy or temporary certificate of occupancy. Moreover, the approval of a tree
='
relocation or tree removal permit is contingent on any requirements set forth in 17.6 through 17.6.6
z
above.
o 0
Sec. 17.7. Tree protection.
'� L4 Z
Wim¢
17.7.1. Tree protection during construction. Trees shall be protected during construction activity as
determined by the Building Department through the use of protective barriers in accordance with the
w,
landscape manual. Trees that are to remain shall be clearly identified with tags. A protected area with
g z z
a radius of ten (10) feet shall be maintained around trees to remain in accordance with the landscape
m
manus, unless a certified arborist otherwise determines in writing that a smaller or larger protected
L o z U
area is acceptable for each tee, or an alternative tree protection method is approved.
� o
Durina demolition and/or development or construction, including installation of irrigation systems or
any other underground installations, protective barriers shall be placed around each tree and shall
remain in order to prevent the destruction or damaging of roots, stems or crowns of such trees. The
barriers shall remain in place and intact until approved landscape operations begin; however, barriers
may be removed temporarily to accommodate construction needs, provided that the manner and
purpose for such temporary removal will not harm the trees. The trees shall be properly irrigated
throuahout the buildina process. Trees damaaed during construction shall be subiect to the provisions
of section 17.9.
17.7.2. Tree orunina/trimmina. The prunina or trimmina of anv tree shall be done in accordance with
the standards set forth in the ANSI A-300 Tree Care Standards and the guidelines illustrated in the
landscape manual, both incorporated herein by reference. "Hatracking" or "topping" is not permitted
and shall be considered a violation of this article. Any other tree abuse, or activity that can effectively
destroy a tree, shall also be considered a violation of this article.
Sec 17.8. Appeals, appellate fees.
17.8.1. Appeals to the historic and environmental preservation board (HEPB). The property owner,
the applicant, or any aggrieved party having standing under Florida law, may appeal to the HEPB any
City of Miami Page 11 of 29 File Id: 09-01344v (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
decision of the department on matters relating to applications for tree removal permits, except for tree
removal permits granted to the departments of public works or capital improvements, by filing a
written notice of appeal to the preservation officer, as established in section 62-191 of the Miami City
Code, within ten (10) calendar days after the date of the intended decision. The notice of appeal shall
include the decision appealed from and the reasons or grounds for the appeal. HEPB shall hear and
consider all facts material to the appeal. HEPB may affirm, modify or reverse the decision of the
department.
All appeals to the HEPB in accordance with this section shall be accompanied by a fee of three
hundred and fifteen dollars ($315.00). However, no fees shall be assessed for appeals initiated by an
owner of property which abuts the subject property for which a tree removal permit is sought,
including properties located across a street or alley from the subject property, appeals by a nonprofit
corporation dedicated to conservation and protection of the natural and physical environment, or
appeals by a homeowners association, as defined by Chapter 720, Florida Statutes, as amended,
which has one (1) member who owns property within five hundred (500) feet of the subject property.
17.8.2. Appeals to the city commission. The property owner, the applicant, the department, or any
aggrieved party having standing under Florida law, may appeal to the city commission any decision of
the historic and environmental preservation board on matters relating to applications for tree removal
permits by filing a written notice of appeal with the department of hearing boards within fifteen (15)
calendar days after the date of the decision. The property owner, the applicant, or any aggrieved
party having standing under Florida law may appeal to the city commission any tree removal permit
granted to the departments of public works or capital improvements or to their contractors, by filing a
written notice of appeal with the department of hearing boards, within fifteen (15) calendar days after
the date of issuance of the permit. The notice of appeal shall include the decision appealed from and
the reasons or grounds for the appeal. The city commission shall conduct a hearing de novo as a
body of original jurisdiction, upon any appeal and/or review from an appealable decision under the
terms of this ordinance, as amended. New evidence or materials may be received by the city
commission where such evidence or materials are pertinent to a determination of the appeal. The city
commission may hear the testimony of witnesses and/or any other evidence offered by any person
aggrieved or by any officer, board or agency of the city affected thereby or by any interested party
having an interest in the appeal under Florida law and may, in conformity with this ordinance and
other applicable laws, rules and requlations, render its decision, The city commission shall hear and
consider all facts material to the appeal and may affirm, modify or reverse, in whole or in part, with or
without conditions, HEPB's decision, or may grant or deny the appeal of the tree removal permit
issued to the departments of public works and capital improvements.
All appeals to the city commission in accordance with this section shall be accompanied by a fee of
five hundred dollars ($500.00), plus three dollars and fifty cents ($3.50) per mailed notice to the
adjacent owners within a 500' radius. However, no fees shall be assessed for appeals initiated by an
owner of property which abuts the subject property for which a tree removal permit is sought,
including properties located across a street or alley from the subject property, appeals by a nonprofit
corporation dedicated to conservation and protection of the natural and physical environment, or
appeals by a homeowners association, as that term is defined by Chapter 720, Florida Statutes, as
amended, which has one member who owns property within five hundred (500) feet of the subject
property.
The decision of the city commission shall constitute final administrative review, and no petition for
rehearing or reconsideration, shall be considered by the city. Appeals from decisions of the city
commission may be made to the courts as provided by the Florida Rules of Appellate Procedure.
17.8.3. Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and
Citi, of Miami Page 12 of 29 File Id: 09-01344 (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
place of the public hearing shall be mailed at least ten (10) calendar days in advance of the hearing to
the owner of the subject property and the owners of the adjacent properties. At least ten (10)
calendar days in advance of the hearing, a sign, in compliance with the provisions of subsection
62-129(2)a., of the Miami City Code, shall be posted on the subject property.
17.8.4. No tree removal permitted during an appeal. Upon timely submission of an appeal made
pursuant to the requirements of this section, removal of any trees which could be affected by the
subject appeal is prohibited, pending final disposition of the appeal. A violation of this subsection will
automatically result in an additional five hundred dollar ($500.00) fine payable to the city's tree trust
fund for each separate violation of this section.
Sec 17.9. Enforcement.
17.9.1. Jurisdiction. The department shall have jurisdiction for the proper and effective enforcement
of this article, under Chapter 2, Article X entitled Code Enforcement. The department shall have the
right to inspect subject properties in accordance with the approved tree removal permit and the
provisions of this article.
17.9,2. Individual enforcement. Each tree removed without a tree removal permit shall constitute a
separate and distinct violation and shall be the subject of individual enforcement.
Sec. 17.10. Penalties, remedies cumulative.
17.10.1. Fine. Any person, or agent thereof, who removes a tree without a tree removal permit, shall
be fined up to one thousand dollars ($1,000.00) per day per violation for a first violation, and shall be
fined w to five thousand dollars ($5, 000.00) per day per violation for every repeat violation of this
ordinance, or a greater penalty as provided by law, and shall undergo the tree replacement process
pursuant to section 17.6. Each tree removed without a tree removal permit shall constitute a separate
and distinct violation, subject to a separate fine and tree replacement pursuant to section 17.6.
17.10.2. Tree replacement required. The planting of replacement trees shall be required, in addition
to the monetary fines assessed pursuant to this article. The number of trees required as replacement
for each tree that was removed without a permit is provided in chart 17.10.2.1, the tree replacement
chart, for trees removed without a permit, below. If the total number of trees required as replacement
trees cannot be reasonably planted on the subject property, the applicant may contribute to the city's
tree trust fund in the amount provided in chart 17.10.2.1.
z
0
Chart 17.10.2.1. Tree Replacement Chart for Trees Removed Without a Permitz
Ln
E= v
Diameter (DBH
Number of
Number of replacement
Contribution into
m O 0
of each tree
replacement trees
trees required (4" DBH
Tree Trust Fund
¢ ,Z) In
removed without
required (2"DBH
minimum each; 16'
w
a permit
ir>ini _mum each; 12'
minimum height)
z m
minimum height
OR
OR
2"--3"
2
or
1
or
$1,000.00
LU
4"--6"
4
or
2
or
$2,000.00
v w w
7"--12"
8
or
4
or
$4,000.00
Q m
13" -18"
12
or
6
or
$6,000.00
O z
19"--24"
16
or
8
or
$8.000.00
0 0
F v p
25"--30"
20
or
10
or
$10,000.00
City of Miami
Page 13 of 29 File Id: 09-01344: t (Version: 6) Printed On: 511212010
0
File Number: 09-01344zt
0
31 V-36"
24
or 12
or $12,000.00
37"-42"
28
or 14
or $14,000.00
43"--48"
32
or 16
or $16,000.00
49"--60"
40
or 20
or $20,000.00
If the sum of the diameter of trees to be removed exceeds a total of sixty (60) inches, the additional
inches shall be added cumulatively from the top of the chart, down to the bottom of the chart, to
calculate the number of trees required as replacement trees.
17.10.3. Tree viability after project completion. If the department determines that any tree is not
viable, alive and growing one year after all associated development activity on the property is
completed, the department shall require that said tree be replaced with the same tree species and
size which was originally planted or relocated, as per the approved tree removal permit.
17.10.4. Withholding of a new building permit. The removal of any tree in violation of this article shall
constitute grounds for withholdinq new building permits directly related to said tree removal until the
violation has been corrected, including payment of all fines and planting of all required replacement
trees as pursuant to this section. Alternatively, in order to obtain the new building permit, the person
in violation may post a payment and performance bond pursuant to F.S. $ 255.05 naming the City of
Miami as obligee. The bond shall be in the amount of ten (10) percent of the construction cost or ten
(10) percent of the appraised value of the property, if no construction exists. The bond will remain in
place until the violation has been corrected, pursuant to this section. In the event a bond is not
feasible, the city may accept an irrevocable, unconditional letter of credit, in the previously stated
percentages, naming the City of Miami as payee.
17.10.5 Withholding of a certificate of occupancy. The department shall not approve the zoning
inspection required for a temporary or final certificate of occupancy until all violations of this article
have been corrected, including the payment of all fines and the planting of all replacement trees
required as mitigation, pursuant to this section.
17.10.6 Remedies cumulative. The remedies provided in this section shall be cumulative to all
remedies provided by law and/or equity, and the election of one shall not preclude the other.
17.10.7. Costs and fees: In the event the city institutes any civil action to enforce the provisions of 0
this article in a court of competent jurisdiction, if the city succeeds as prevailing party, it shall be ,=
entitled to recover the fines assessed pursuant to the violation(s), the cost of replacement trees tD ¢
t z ,V;.
required as mitigation, the costs associated with the investigation and prosecution including
F --
reasonable attorney fees, and any equitable and/or legal remedies assigned by the court. R 0
Sec. 17.1. Exemptions. ¢ _� Q
Z
The following are exempt from the provisions of this article: z x ¢
¢w
a. Any tree growing in a botanical garden, or a licensed plant or tree nursery business.z LU
J
=�LO�
b. When the city manager determines, in writing, that tree removal permitting requirements will 4 o z c,
impede private or public work to restore city order after a declared state of emergency by the city H o
commission.
City of Miami Page 14 of 29 File Id: 09-01344:1 (Version: 6) Printed On: 5/12/2010
0 0
File Number: 09-01344zt
c. The removal of any tree during or folowing an emergency or an act of nature or a life safety issue,
by demonstrating to the city, following the review and recommendation of the department, which may
require photographic proof revised0 and/or other supporting documentation, to help determine the
condition of the tree prior to removal which:
1. Creates a life safety issue;
2. Prevents a person from the use or enjoyment of the property;
3. Prevents further damage.
d. Nothing in this article shall be construed to prevent the pruning or trimming of trees where
necessary for proper landscape maintenance and safety, provided that the pruning or trimming of
trees is done in accordance with ANSI A-300 Tree Care Standards and the guidelines illustrated in
the landscape manual.
Secs. 17.12-17.25. Reserved
ARTICLE II. ENVIRONMENTAL PRESERVATION DISTRICTS
Sec. 17.26 Definitions
For the purposes of this article definitions are found in Section 17.1.
aSGFibed to them by this sentiC)R:
Cio) of Miami Page 15 of 29 File Id: 09-01344.:t (Version: 6) Printed On: 5/12/2010
0
File Number: 09-01344zt
11i Mpa 1110
12MMMM2-'.r-rJMV. ZZ
Sec. 17.27 Intent of article.
The intent of this article shall be as follows:
(1) To preserve and protect trees and other significant environmental features within the city.
(2) To require that the design and construction of all development activity be executed in a manner
consistent with the preservation 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 detrimental to existing trees, significant environmental features and scenic areas.
(4) To provide the framework and legal mechanism for publicly identifying and preserving
o
environmentally significant areas or sites.
Sec. 17.28 Applicability of article.
F
The terms and provisions of this article shall apply to real property as follows:
:D p o
All property located within a designated environmental preservation district, including scenic
¢ ❑
transportation corridors.
U
F Q F
(2) All prepeFty to be Fedey nom
Z
()All nrepeFt i w T�h n be aRy addi}inn er alte Fat!!9 R.
z z
(4`) All -pf .Phis' OF private ri hts-of-waw
p G rA z
(5) All property withiR a-desigFlated eRViFAnrrlcnt'lure^FcseryatiGR d16tFiG .
0 R m --)
vl C z C�
duplex sites shall be exempt #Gm the PPeViSiE)RG Gf this aFtiGle wheR less thaR five tpe-es aiea
enl/ rnnmeRtal nreseryatinn dio}rin}
<d
Sec. 17.29. Historic and environmental preservation board
The historic and environmental preservation board (hereinafter referred to as HEPB or the
board) as established under section 62-186 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 article.
Sec. 17-30. Preservation officer.
The preservation officer, as provided in section 62-191 of this Code shall be responsible to
assist the hio}nriG and envirnnmeRtaI nresen,o}inn bc)aF a HEPB 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 hic}nrin and envirenmental nreservatinn 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
City of Miami Page 16 of 29 File Id. 09-01344::t (Version: 6) Printed On: 5/12/2010
• 0
File Number: 09-01344zt
designated environmental preservation districts, review such application, whish f4ayshall 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
photographc documentation of all official designated sites.
(4) Wok with other city depatments and community evironmental groups as rquired to protect and
reserve the natural environment through public education and encouraging sound environmental
policies.
(5) Evaluate applications for standard certificates of approval and render a decision based upon the
standards and conditions for tree removal and the review standardsfor tree removal and
developmentactivity within environmental preservation districts.
(6) Ensure that notice of the application for a special certificate of approval is given as required in
section 17-39.
(7) Prepare summary reports of all decisions on certificate of approval applications. The report shall
briefly summarize the conditions and criteria for tree removal and the decision of the histepiG and
GRVi YlnmentaI nresepyatinn board or preservation officer.
and a GGPY Gf the appFeved plaR. A tree removal pe-rmit A -Ir IiRA nermit shall be issued by the
departmeRt as requiFed
Sec. 17-31. 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. Environmental preservation
districts are intended to provide for preservation and protection of trees and other significant
environmental and landscape features and to encourge 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 same time recognizing individual rights to dvlop property which ae not prejudicial to the
public interest.
(b) Natural or manmade environmental features. Th following natural or manmade environmental
features may be designated as environmental preservation districts, when one or more such features
are located in a geographical area or lot:
(1) Clusters of trees with extensive tree canopy, natural hammock areas and mangrove areas. Land
areas which include eRe nr mnro Glisters of trees Whinh will total 19,000 square foot of trop nanGne
may be designated onvirnnmontal pFeseR4atinn dictrintc significant environmental features,
outstanding characteristics or meet other professional criteria may be designated as environmental
preservation districts by the historic and environmental preservation board.
GGGROMiG and a8Sthet*G value beGaUSe 9f itS Size, type, age, 96itstaRGliRg GharaGteFiStiGG GF GthOF
City of Miami Page 17 of 29 File Id: 09-01344zt (Version: 6) Printed On: 5/12/2010
¢
r-
ut U
F-
�00
¢50
Ln1z
moi¢
�<UJ
vz�w
O LLJ
oam�
O¢O
vc
File Number: 09-01344zt
(2) Exposed geological formations, such as natural rock outcroppings, caves, sinkholes and
significant natural topography 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 importance 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 onthe transportation corridor.
c. Significant natural features, such as trees, or geological features which are not within the
right-of-way or street yard area but are of value as a part of the scene.
d. Principal natural landscape or manmade elements which form the visual boundary or enclosing
space of the corridor.
e. Areas fFE)Fn whiGh there is a HRIqHG SG8R!G view er vista ef hiSteFiGal OF 6'gRifiGaRt stpuGtures E)p G�f-
wttt{e,{bGdoes, s Gh as the Miami DIVGF nr BISG' yRe Bay.
Vie. Unique botanical features, such as rare, exotic and valuable trees or plant life or examples of
excellent landscape design.
(c) Procedure for designation.
(1) Areas or sites to be considered as environmental preservation districts may be recommended to
the PlaRRiRg adviseFy board HEPB by private individuals and organizations, (after providing sufficient
evidence that the resource qualifies under the provisions of this code,) all city departments, the-
hic+nriG and eRViFGRmeRtal proconro+iGR board HEPB and the city commission.
(2) All areas to be considered must be evaluated by the plaRRiRg advisory bGard HEPB with the
appropriate recommendations conveyed to the city commission.
(3) A letter or invitation shall be delivered to the owners of all property within the boundaries of the
proposed environmental 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 plaRRiRg advisery bG HEPB to discuss the matter. Should
there be more than fifty (50) property owners within the proposed scenic transportation corridor, a
notice published in a newspaper of general circulation at least ten (10) days prior to the hearing,
stating the aforementioned information and including the date, time, place and reason for the HEPB
hearing shall be considered sufficient notice. The pFeperty shall then be ronrir McRded by the
Following the decision of HEPB, T e the property may then be recommended by the planning
advisery be the board to the city commission for *RGIUSiOnin designation as an environmental
preservation district.
(4) The areas recommended by the HEPB and approved by the city
commission are established as environmental preservation districts. These sites or areas are then
added to the official map delineating environmental preservation districts on file within the
department.
(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 preservation officer,
and a certificate of approval, standard or special, must be granted under the provisions of section
17-32 before a tree removal permit or a building permit will be issued by the department.
(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 Z^nir,r riic+rin+
City of Miami Page 18 of 29 File Id: 09-013442 t (Version: 6) Printed On: 5/12/2010
Z
c
�E
f C.J T
LL
o
CJ LLJ
F- ¢ t--
,rza � -s
z
p
�V)z
Ll l
LLJ
O CY M
QztJ
opo
File Number: 09-01344zt
tFansect and the preservation district shall apply_ Whe^ the ZGRing regi ilatiGRs annwiRg W a paFGGI
Sec. 17.32 Removal of trees not located in environmental preservation districts.
RUNT
forth in Article I of this chapter entitled "Tree Protection In General".
._
remeval permit has been issued iR GempliaRGe with this aFt'Gle—.
AppliGagep. Permits
..
(4) The IOGat'9R, GeMMOR and betaRiGal Rame, truRk diameter, and approximate height and spread Gf
iRfGrmatiGR Peguiredab - be - - - iR legeRd fGFM GR the pIaR aRCI shallGlIjde
the FeasGR fGr ppepesed- -
._
City of Miami Page 19 of 29 File Id: 09-01344zt (Version: 6) Printed On: 5/12/2010
Z
{t.G
J ~
�ZCn
P3
�o
ago
Z
--c;w
wm¢
W
✓u
Q Z
File Number: 09-01344zt
stAget side GF Side ReaFest a street Gf the prepeFty fer whiGh the PeFmit has beeR issued. The FGpeFt�-
GE)mn�ted_
Sec. 17.33. Removal of trees and development activity within environmental preservation districts.
(a) Certificate of approval required. No person, agent or representative thereof, directly or indirectly,
shall cut down, destroy, move or effectively destroy through damaging any tree or other
environmentally significant feature within an environmental preservation district without first obtaining a
certificate of approval and must abide by tree removal as set for in^t�7.1 Article I of this
Chapter. No person, agent or representative thereof shall commence any development activity within
an area visible from a public way within an environmental preservation district without first obtaining a
certificate of approval, standard and special, as hereinafter provided:
(1) Standard certificates of approval may be issued by the preservation officer, without review and
approval by the historic and environmental preservation board, for the following classifications of
applications:
a. Applications for development activity where all existing trees (ether than these GGVePea "„
s bparagraphs (av! `h and (a", `^ below are to be preserved or relocated on site.
b. Applications for removal of trees which are diseased, injured, in danger of falling, or interfere with
utility service, create unsafe vision clearance, or conflict with other ordinances or regulations.
c. Application for removal of trees which are listed in section 17-37(s) as YRdesipa"�.
d. Applications involving tree removal and additions or modifications to existing building, except
where such addition exceeds 50 percent of the existing lot coverage.
e. Applications involving tree removal and site improvements for existing buildings such as but not
limited to fences, walls, patios, driveways, pools, etc.
(2) Special certificates of approval require the approval of the historic and environmental preservation
board, and include the following classifications of applications:
a. Applications for new development involving removal of existing trees from the site or alteration of
other environmentally significant features.
b. Applications for development activity or tree removal not listed in paragraph (a)(1) above as
eligible for a standard certificate of approval.
c. Applications referred to the historic and environmental preservation board on appeal from
decisions of the preservation officer, or from the general public as described in Section 17.8.
(b) Applications. All applications for a certificate of approval within environmental preservation
districts shall be initially made to the preservation officer. Applications shall include the following and
shall remain on file with the city:
(1) An official application form, including all requested information, signed by the property owner.
(2) Refer to Section 17.4.2. Application requirements, (a),(b),(c),(d), and (e) for the required
documentation that shall accompany applications.
City of Miami Page 20 of 29 File Id: 09-01344; t (Version: 6) Printed On: 5/12/2010
z
0
Z)
t z va
V)
�oo
�xw
¢<
wm¢
z
�ZL'Jz
v—sW
C O w
C�aq�
J'CzU
HQvA
File Number: 09-01344zt
(5) AppliGatiORS 'RVeNlillg develepmeRt aGtiV;ty WhiGh require a 1961ildiRg pepmit shall submit a Site PlaR
Z
O
, �
Stn ,nt, ,res nerd Rat, iral featiu FcT
C!7
Li.
. p0.0
d ExiStiRg aR d nrgPeserd grardiRg
o Drepased utility seniines
f 9etbaGk aR d yard Fe eRt& L[] -i 2
EXiS+�gt-Fees to be -removed frem the site. � 7 , Z
i Evicting treeG fn remaIR in nesitien Q
height, � 100
and spreadof all nrepeserd new trees aR d ether pla Rt materiel
Signature of a planning, building and zoning official indicating compliance with applicable zoning
regulations or specifying variances necessary for permitting.
(6c) Application review. The preservation officer shall review the application, which ma-yshall
include a site inspection or referral to other departments, and determine whether the type and extent
of the proposed work falls within the jurisdiction of a standard certificate of approval or a special
certificate of approval.
(1) Where an application is eligible for a standard certificate of approval, the preservation officer
shall, within 15 days of receipt of a completed application, issue such standard certificate of approval,
with or without conditions, or deny such standard certificate of approval with specified reasons
therefore.
(2) Where the nature and extent of proposed work requires a special certificate of approval, the
historic and environmental preservation 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 certificate of
approval, with or without conditions, or deny such special certificate of approval with specified
reasons therefore.
(d) Permits. No permit for development activity or tree removal within an environmental preservation
district shall be issued by the building department of planning, h„ildiRg, aR d Zer,iRg until a certificate
of approval has been issued pursuant to this article. Such permit applications shall be approved by
the preservation officer to verify conformance with the certificate of approval. Tree removal permits
authorized by a standard certificate of approval shall be subject to the ten-day delayed effective date
and posting requirements of section -17.32(e` atf
d `17.4.4
(e) Changes in approved work. Any change in work proposed subsequent to issuance of a
Cit} of Miami Page 21 of 29 File Id: 09-01344.,1 (Version: 6) Printed On: 5/12/2010
Fife Number: 09-01344zt
certificate of approval shall be reviewed by the preservation officer to determine whether such change
would materially affect the certificate of approval. If so, such change shall require a new certificate of
approval pursuant to all standards and procedures in this article.
Sec. 17.34. Criteria and conditions for tree removal.
(a) Criteria for removal. No permit shall be issued for tree removal from the site, unless one of the
following conditions exists:
(1) The tree is located in the buildable area or yard area where a structure or improvement may be
placed and unreasonably restricts the permitted use of the property. Trees located in the property
frontage ( within the setback) shall not be considered to be located within the building area or yard.
Ingress and egress to garages are not considered the buildable area or yard.
(2) Trees on the public right-of-way shall not be considered for removal as a result of restriction to or
from ingress or egress to the garages or parking on the site, provided however, that if there is no
other reasonable access to and from the structure or to the property from the public right-of-way, this
requirement shall be waived by the Director of Code Enforcement when it relates to private property
and/or by the Director of Public Works when it relates to the public right-of-way.
(23) The tree is diseased, injured or in danger of falling, interferes with utility service, creates unsafe
vision clearance or conflicts with other provisions of this Code or other ordinances or regulations.
(34) The tree is an exotic tree species and will be replaced with a native tree species to promote
good forestry practices; creates a health hazard; interferes with native tree species or creates a
negative impact on natural land features such as rock outcroppings, sink holes or other geological,
historical or archaeological features.
(45) It is in the general welfare of the public tha 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,
to asfelle s any or all of the following may be required.
(1) All trees GR the site WhiGh are to be Femoved R;ay be PeIGGated OR the site withiR the b6ii'diRg
area nr the yard area
(1) The applicant may be required to redesign the prosect to preserve specimen tree(s) or any other
tree determined by the istoric and environmental preservation board to be of substantial value due to
its species, size, age, form and/or historical significance; provide an alternative plan, when feasible,
which shall include the preservation of such tree(s) and design alterations within the scope and intent
of the initially proposed plan. The applicant shall provide sufficient information, to include a tree
survey drawn to scale that illustrates all existing site conditions and a tree disposition plan drawn to
scale that superimposes all proposed new construction including all overhead and underground
utilities and the new locations of trees over the tree survey plan information. The historic and
environmental preservation board will review and analyze the aforementioned information, in order to
determine the appropriate course of action.
(2) Where practical, specimen trees, or any other trees determined by the department to be of
substantial value due to its species, size, age, form and/or historical significance, that is proposed for
removal shall be relocated on or off-site. The applicant shall adhere to acceptable tree relocation
specifications.
(3) If it is impractical to relocate and replant such trees of substantial value, a he ro^;e either on
Cite of Miami Page 22 of 29 File Id: 09-01344::f (Version: 6) Printed On: 511212010
0 •
File Number: 09-01344zt
the site or off the site, beeayse of ane type er the tree may be destre„ed either be removed, or
the applicant may be required to redesign the prnient to presep,e the tree demonstrate a "good faith”
effort to redesign the prosect to protect and preserve the trees. The applicant shall be required to
replace all trees permitted to be removed in accordance with the tree replacement requirements
contained in Section 17.1
(4) IR the 8VGRt that a tree is permitted to be destreyed, aR appliGaRt may be Fequired to replaGe the
tree With Rew tFees Gf GOMparable size, Rature and beauty, as determiRed by the depewtmeRt ef
ppeseP.1atiOR beard. lR RE) iRStaRGe, however, shall the FeplaGement tFee be less thaR 15 feet iR heig#t-
anti three ipnhes in diameter.
(4) The historic and environmental preservation board may require that the applicant provide a written
report from a certified arborist before making any determinations in conjunction with this section. The
historic and environmental preservation board may also require monitoring by a certified arborist
during construction to assure tree preservation.
(5) In determining the required preservation, relocation, or replacement of trees, the following factors
shall be considered:
z
a.
Existing tree coverage on the site and in the immediate surrounding area.
b.
Number of trees to be removed on the entire site.
t z A
c.
The type, size and condition of the tree(s) to be removed.
C v
d.
The feasibility of relocating the particular tree or trees.
m 0 IL
e.
Topography and drainage of the site.
a Q
f.
"rhe extent to which the trees contribute to the aesthetic, economic and environmental integrity of
Z
the surrounding area.
¢ �.
g.
The nature of the existing and intended use of the property.
m ¢
L�-
.
ova
w
Z
with
terms and nnpditinps of the tree remeyal permit
Fo�
(6) Tree Replacement
Tree replacement shall be as directed in Section 17.6.1. which includes a Tree Replacement Chart
17.6.1.1 as well as a Tree Species Diversity Chart 17.6.2.1 in Section 17.6.2. Tree Species.
Sec. 17.35. Tree protection and survival.
(a) During construction, all reasonable steps necessary to prevent the destruction or damaging of
trees shall be taken. Trees destroyed or receiving major damage must be replaced by trees of equal
environmental value as specified in Section 17.6 by the departmeRt Of plar.niRg b iildipn and ZeRipn
before occupancy or
use unless approval for their removal has been granted under permit.
(1) Trees that are to remain shall be clearly identified with taps.
{� (2) During construction, protective barriers shall be placed with a radius of 10 feet around the
trees to remain in accordance with the landscape manual, unless a certified arborist otherwise
determines in writing that a smaller or larger protected area is acceptable for each tree, or an
alternative tree protection method is recommended, at the drip pipe are6lRd the tru,^!a of all trees to be
Ci6, of Miami Page 23 of 29 File Id: 09-0134471 (Version: 6) Printed On: 5112/2010
0
Fife Number: 09-01344zt
i
retoineri nn the site to nreVent the d8StrUni9n er damag;Rg of the trees
(3) During demolition and/ or development, including installation of irrigation systems or any other
underground installations, protective barriers shall be placed around each tree and shall remain in
order to prevent the destruction or damage to roots, stems or crowns of such trees. The barriers shall
remain in place and intact until such time as approved landscape operations begin; however, barriers
may be removed temporarily to accommodate construction needs, provided the manner and purpose
for such temporary removal will not harm the trees. The trees shall be properly irrigated thoroughout
the building process. Trees damaged during construction shall be subject to the provisions of Section
17.9.
(4 (4) If at all practical, underground utility lines, curbs and other above grade structures should be
routed around existing trees to the outside of the drip line 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 asphalt base paint and immediately covered with soil.
(645) During construction, unless otherwise authorized by the tree removal permit, no excess soil,
additional fill, equipment, liquids, or construction debris shall be placed within the drip line of any tree
that is required to be preserved in its present Iocatio unless the addition of excess soil or fill is
required in order to comply with either the flood criteria requirements contained in chapter 11 C of the
Code of Metropolitan Dade County, Florida, and/or federal flood regulations in high flood hzard
locations.
() (6) Unless therwise authorized by the tree removal permit, no soil is to be removed from within the
drip line of any tree that is to remain at its original location.
(647L_No wires or utility service attachments, other than those of a protective naure, shall be
attached to any tree
(6}48L_Subsequent to construction or the satisfactory stabilizing 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) All trees transplanted pursuant to this article shall be maintained alive and healthy +n- at -the site
of the transplant for a period six months following completion of construction work on the site. Any of
such trees which die within such six months shall be replaced by the applicant. The Code
Enforcement department Gf PlaRRiRg, b iildiRg anti ZeniRgshall retain jurisdiction to ensure compliance
with this section.
(c) Tree pruning/Trimming.
The pruning or trimming of any tree shall be done in accordance with ANSI A-300 Tree Care
Standards and the guidelines illustrated in the landscape manual, incorporated by reference herein.
The practice known as "hatracking" or "topping" is not permitted and shall be considered a violation of
this article. The historic and environmental reservation board may require that a certified arborist
monitor the trimming and provide the department with photographic documentation following the
trimming. Any other tree abuse, or activity that can effectively destroy a tree, shall also be
considered a violation of this article.
Sec. 17.36 Environmental preservation review standards for tree removal and development activity.
The following standards shall be used by the preservation officer or historic and environmental
preservation board in reviewing all site plans, building plans and applications for tree removal within
those areas designated as environmental preservation districts. These standards are intended to
provide a frame of reference for the applicant, as well as to provide a basis for reviewing plans and
City of Miami Page 24 of 29 File Id: 09-01344.-t (Version: 6) Printed On: 5/12/2010
Z
O
°o
¢moo
to .1 z
ZaQa¢
z
J
OJ�L
aim_,
�Ozt1
zO¢O
File Number: 09-01344V
proposals. These standards are not to be regarded as inflexible and are not intended to discourage
innovation or creativity. Development should:
()) Preserve the natural environmental character of all sites, insofar as practical, by minimizing
removal of trees or other sigficant environmenta features.
(2) Preserve or enhance existing topography and natural land 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 passersby, 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 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 environmen.
Sec. 17.37 Exceptions and exemptions from article requirements.
(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 of the community, or when the tree prevents a person
from the use or enioyment of the property; or when removal of the tree will prevent further damage
and to ren, lire immediate remeyal its immediate removal is required, the applicant shall provide
photographs and any other supporting materials which will allow w4h_ a sound judgment to be made.
Upon such a finding, the requirements of this article may be waived by the city manager.
(b) All 1'GeRSe plaRt GF tree RUP-series shall be exempt fFem the teFms and PFE)ViSiGRS ef this apt'Glel
,
(b) Prohibited trees shall be exempt from the replacement requirements of this article, but shall
require a tree removal permit. Prohibited trees are those tree species that are detrimental to native
plants, native wildlife, ecosystems, and human health, safety or welfare. Prohibited tree species
includes those designated in the Miami -Dade County Landscape Manual, incorporated by reference
herein,. and the Ficus Beniamina/Weeping Fig. These species must be removed from sites upon site
development.
U-RdeSiFable and shall be exempt frem the PFeViSIGRS of this aFt4e relatiRg te_ permit fees and
applinotinn feec.
(I ) Melale„nn ni,innUeneFyia tnoienut nr papepbark tree)
(2) CasyaP!Ra equisetifelia-(AustraliaR Pine beef nn )
(4) hi t ,nt li„c (Bre iliaR n n \
���6r�1-!s �eFe�„ r�l�fE1���azz�P�F�T
(6) R;G;RUS en;rRHRic (master bea
(7) Trees whiGharenn Innn'e_.F ..
[8\�s Whi�r�n�edto heFimeveiby 4w
This article incorporates by reference the City of Miami Tree Master Plan listing of prohibited species,
and in addition the Ficus Benjamina/ Weeping Fig shall be considered a prohibited species within the
City of Miami.
City of Miami Page 25 of 29 File Id: 09-01344.7t (Version: 6) Printed On: 5/12/2010
Z
O
h
°o
Q „j
zm¢
< LU
zLUZ
UJ
OC7u
OzC.J
Z 0 0
• 0
File Number: 09-01344zt
(Cd) Nothing in this article shall be construed to prevent the pruning of trees where necessary for
proper landscape maintenance and safety, provided that the pruning and trimming of trees is done in
accordance with ANSI A-300 Tree Care Standards and the guidelines illustrated in the landscape
manual.
Sec. 17.38 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 article III of this chapter.
Sec. 17.39. Public notice of applications for special certificates of approval.
Public 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:
(1) Posted notice. Property being considered for a permit under this article shall be posted with a
sign at least ten days in advance of the public hearing. The sign shall measure at least three square
feet in area, shall be of a color and shape distinguishable from the surrounding landscape, and shall
contain 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 historic and environmental preservation board of the City of Miami.
Description of activity:
Place of hearing:
Time:
For additional information call 311 56
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 historic and
environmental preservation board shall be sent at least ten days in advance of the hearing, by mail, to
the owner of the subject property and the owners of the adjacent property and other departments or
agencies deemed appropriate by the board.
(3) Published notice. The published 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 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 days in advance of the public hearing and shall be
prepared and paid for by the city. These publications shall be sent to the NET office for distribution to
the registered homeowners' associations.
Sec. 17.40 Appeals.
(a) Appeals to the historic and environmental preservation board. Any citizen may appeal any
decision of the department of planning, building and ZORORg in and the code enforcement Department
of any term or provision of this article to t#e HEPB , by
filing, within ten days after the date of the initial decision, a written notice of appeal with the city
manager, with a copy to the city clerk and the preservation officer, which shall set forth precisely the
decision appealed from and the reasons or grounds for the appeal. 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 historic and environmental preservation board shall hear at a public hearing all facts
material to the appeal and render a decision within 45 days of the filing of such appeal. The historic
and environmental preservation board may affirm, modify or reverse the decision appealed from,
City of Mia nii Page 26 of 29 File Id: 09-01344zt (Version: 6! Printed On: 5112/2010
Z
0
a¢
�t?z
nao
¢=o
LU
Baa¢
z
ZLU7
oJ�,'
zoz.`O
t—Huo
0 •
File Number: 09-01344zt
provided that the board shall not take any action which conflicts with or nullifies any of the provisions
of this article.
(b) Appeals to the city commission. Any citizen may appeal any decision of the historic and
environmental preservation board Gr r,f the i irhon deye',,.,MeRt Feview beard as it relates to this
article, 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 city clerk and the preservation officer, which shall set
forth precisely the decision appealed from and the reasons or grounds for the appeal. 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 city commission shall hear and consider all facts material to the appeal and render a
decision within 45 days of the filing of such appeal. The city commission may affirm, modify or
reverse the board's decision. The decision of the city commission shall constitute final administrative
review, and no petition for rehearing or reconsideration shall be considered.
17.41. Penalties, remedies cumulative
Any person, or agent thereof, violating the provisions of any section of this article shall, upon
conviction, be subject to the penalties in 6eGtiGR 1.1 Q in the diSGFGtinn of tho GGURty judge this
Chapter or any other penalties as provided by law. 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 article.
Sec. 17.42. Civil remedies.
In addition to any other remedies provided by law and to to this article, the enforcement agency shall
have the following judicial remedies available for violations of this article or any permit condition
promulgated under this article:
(1) The enforcement agency may institute a civil action in a court of competent jurisdiction to
establish liability and recover liquidated damages for each violation in an amount of not more than
$5,000.00 per offense. Each tree unlawfully removed under the provisions of this article shall
constitute a separate offense hereunder.
(2) The enforcement agency may institute a civil action in a court relief to enforce compliance with
this article 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 article.
Sec. 17.43 Fees.
(a) Standard certificate of approval: Minimum $25.00 $26.00 plus $5.00-pef for every tree to be
removed, of relocated or newly planted.
(b) Special certificate of approval: $26.00.
(c) All applications for permits for the removal of trees shall be accompanied by a fee, as provided
for under section 10-4, as amended, "Building Permit Fee Schedule," of the Miami City Code.
pefrfee—e# QPd'RaRGe Ne. 64 45, as ameRded.
R
(d) All appeals ,psuaRt-teGeefiGR 17-49 shall be accompanied by a fee of $300.00, except that no
fee shall be charged for such appeals initiated by agencies of the city or by an owner in fact of a
property adjacent to the subject property or by a nonprofit corporation dedicated to conservation and
protection of the natural and physical environment.
Sec. 17.44 Enforcement.
(a) The department of code enforcement , its inspectors and the planning department shall have
concurrent jurisdiction for the proper and effective enforcement of this article under Chapter 2, Article
X entitled Code Enforcement.
(b) The enforcement agency shall immediately issue an order to cease and desist any work being
carried out in violation of this article or any permit conditions promulgated under this article. Upon
notice of such violation, no further work shall take place until appropriate remedial action is instituted,
Cite of A aifIi Page 27 of 29 File Id: 09-01344.7 (Version: 6) Printed On: 5/12/2010
File Number: 09-01344zt
a§ determined by the enforcement agency.
(c) In cases where tree removal is carried out without the necessary permit under the terms and
conditions of this article, the property owner shall be required to make application for an after -the -fact
tree removal permit and certificate of approval, if applicable. The appropriate reviewing agency may
grant an after -the -fact certificate of approval or tree removal permit only if it finds that the same
application would have rightfully been approved 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 be 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 after -the -fact tree removal permit are
not fulfilled, the case shall be referred to the law department for appropriate action under sections
17-41 and 17-42.
Sec. 17.45 Fine.
Any person, or agent thereof, who removes a tree without a tree removal permit, shall be fined a fine
of up to one thousand dollars ($1000.00) per violation, per day for the first violation, and shall be fined
up to five thousand dollars ($5000.00) per tree for every repeat violation of this ordinance, or a
greater penalty as provided by law, and in addition undergo the tree replacement process in the form
of replacement trees pursuant to Article I of this Chapter. Each tree removed without a tree removal
permit shall constitute a separate and distinct violation, subject to a separate fine and tree
replacement pursuant to Article I in this Chapter.
Sec. 17.46 Tree replacement required.
In addition to the monetary fine established above, the planting of replacement trees shall be
required. The number of trees required as replacement for each tree that was removed without a
permit shall be based upon chart 17.10.2.1 tree replacement chart for trees removed without a permit.
If the total number of trees required as replacement trees cannot be reasonably planted on the
subject property, the applicant may contribute into the city's tree trust fund in an amount based upon
chart 17.10.2.1 for the balance number of replacement trees that cannot be planted on the subject
property.
Sec. 17.47. Tree Replacement for Trees Removed Without a Permit
Refer to the Tree Replacement Chart 17.10.2.1, in Article I of this Chapter.
Sec. 17.48 Withholding of a new building permit. The removal of any tree in violation of this article
shall constitute grounds for withholding new building permits directly related to said tree removal until
the violation has been corrected, including the payment of all fines and the planting of all trees
required as replacement trees pursuant to this section. Alternatively, in order to obtain the new
building permit, the person in violation may post a payment and performance bond pursuant to F.S.
255.05 naming the City of Miami as obligee. The bond shall be in .the amount of ten (10) percent of
the construction cost or ten percent of the appraised value of the property, if no construction exists.
The bond will be maintained in place until the violation has been corrected, pursuant to this section. In
the event a bond is not feasible, the city may accept an irrevocable, unconditional letter of credit, in
the previously stated percentages, naming the city as payee. This section shall not apply to complete
applications submitted to the city on the effective date of this ordinance.
Sec. 17.49 Withholdinq of a certificate of occupancy. The department shall not approve the zoning
inspection required for a temporary or final certificate of occupancy until all violations of this article
have been corrected, including the payment of all fines and the planting of all trees required as
City of Mia nci Page 28 of 29 File Id: 09-01344v (Version: 6) Printed On: 5/12/2010
•
File Number: 09-01344zt
replacement tree mitigation, pursuant to this section.
Sec. 17.50 Remedies cumulative. The remedies provided in this section shall be cumulative to all
remedies provided by law and/or equity, and the election of one shall not preclude the other.
Secs. 17-512-17.70. Reserved
*11
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon 'the effective date
stated herein, whichever is later.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN .AT END OF THIS
DOCUMENT
City of Miami Page 29 of 29 File Id: 09-01344: t ([%ersiozr: 6) Prizzted 011: 5/12/2010
SUBSTITUTED
ANO INANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17
OF THE ITY OF MIAMI CODE, AS AMENDED ENTITLED "ENVIRONMENTAL
PRESER TION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL
OF TREES THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION
DISTRICTS; EATING A NEW ARTICLE I "TREE PROTECTION IN GENERAL";
AMENDING AN CLARIFYING CERTAIN SECTIONS IN ARTICLE II ENTITLED
"ENVIRONMENT PRESERVATION DISTRICTS"; CONTAINING A
SEVERABILITY CL SE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, these regulations co rn architectural, aesthetic, environmental, cultural and historic
concerns that more appropriately beton 'n the Code of the City of Miami, Florida, and
WHEREAS, the protection of the tree c opy and environmental features within the City of Miami
is of paramount importance, as they add mu c to creating the city's physical character;
and
WHEREAS, both tree protection and environme al preservation address the stewardship of the
city's living features, which includes its topographic, g logical and landscape features, and
WHEREAS, these amendments to Chapter 17 of the 'ty Code establish procedures for the
removal of trees throughout the City of Miami and in ell
ental preservation districts,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMIS ON OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to is Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 17 of the City Code, entitled "Environmental Presery\the
d in the
following particulars: {1}
ARTICLE I. TREE PROTECTION IN GENERAL
Sec. 17.1. intent and purpose
The intent of this article is to orotect, preserve and restore the tree canopv Miami
("city") by regulating the removal, relocation and trimming of trees.
The purpose of this article is to assure that the design and construction of all develo ment \acuis
executed in a manner consistent with the preservation of existing trees to the greatest extent
City of Miami Page I of 29 Pile Id: 09-01344zr (Version: 5) Printed On: 513/2(
City of Miami
ll
Pann AmAm
3�O0 Pa
erican
�!'r•=�` 'i
Drive
Legislation
Miami, FL 33133
vvww.miamigov.com
Ordinance
Site;,!` e-: 09-01344zt
final Action Date:
ANO INANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17
OF THE ITY OF MIAMI CODE, AS AMENDED ENTITLED "ENVIRONMENTAL
PRESER TION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL
OF TREES THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION
DISTRICTS; EATING A NEW ARTICLE I "TREE PROTECTION IN GENERAL";
AMENDING AN CLARIFYING CERTAIN SECTIONS IN ARTICLE II ENTITLED
"ENVIRONMENT PRESERVATION DISTRICTS"; CONTAINING A
SEVERABILITY CL SE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, these regulations co rn architectural, aesthetic, environmental, cultural and historic
concerns that more appropriately beton 'n the Code of the City of Miami, Florida, and
WHEREAS, the protection of the tree c opy and environmental features within the City of Miami
is of paramount importance, as they add mu c to creating the city's physical character;
and
WHEREAS, both tree protection and environme al preservation address the stewardship of the
city's living features, which includes its topographic, g logical and landscape features, and
WHEREAS, these amendments to Chapter 17 of the 'ty Code establish procedures for the
removal of trees throughout the City of Miami and in ell
ental preservation districts,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMIS ON OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to is Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 17 of the City Code, entitled "Environmental Presery\the
d in the
following particulars: {1}
ARTICLE I. TREE PROTECTION IN GENERAL
Sec. 17.1. intent and purpose
The intent of this article is to orotect, preserve and restore the tree canopv Miami
("city") by regulating the removal, relocation and trimming of trees.
The purpose of this article is to assure that the design and construction of all develo ment \acuis
executed in a manner consistent with the preservation of existing trees to the greatest extent
City of Miami Page I of 29 Pile Id: 09-01344zr (Version: 5) Printed On: 513/2(
SUBSTITUTED
File Number: 09-01344zt
ossible.
Se 17.2. Definitions.
For the ur oses of this article the following words and phrases shall have the meaning respectively
ascribed them by this section:
Applicant :\Aerson who is the owner, authorized agent of the owner, or lessee of a property under a
written lease aNhorized to applV for a building ermit.
Arborist certifie\ r)erson who is certified by the International Society of Arboriculture ISA and is
well -versed in the ar f arboriculture including tree surgery, the prevention and cure of tree diseases
and the control of inse
Buildable area: The ortio f the site exclusive of the required yard areas as defined by the Zonin
Ordinance of the City of Mia ' and its successors.
Certificate of Approval: A written ocument permittinq tree removal or development activity within
those areas identified and establis d as environmental preservation districts or scenic transportation
corridors.
a. Standard Certificate of Approval. ritten document issued b the Preservation Officer for tree
permits located within an environmental ervation district.
b, Special Certificate of A roval. A written ocument issued by the Historic and Environmental
Preservation Board "HEPB" where the Board nXstdecide if a maior addition removal or alteration
of trees meets the requirements of this article. Th certificate will be considered by HEPB in
accordance with the procedures for a special certifi e of approQriateness in 23-5(4). of the Miami
City Code, as amended.
Code enforcement board: The code enforcement board the City of Miami as appointed pursuant to
Chapter 2 Article 10 of the Miami City Code. For purpose of this article code enforcement board
shall be synonymous with and have all powers of the special Nster. The terms may be used
interchangeably.
Controlled treespecies: Those treespecies listed in the Miami -Da Countv Landscape Manual
which tend to become nuisances because of their ability to invade r mal native plant communities
or native habitats but which if located and cultivated properly mav be Neful or functional as
elements of landscape design.
Crown: The upper part of a tree measured from the lowest branch includin II branches and
foliage.
Dead Tree: A tree which has no vital functions.
Department: The department of code enforcement or that de artmentloffice i\which e code
inspectors as defined in Chapter 2, Article 10, of the Miami City Code are located.
Develcoment activity: The carrvina out of anv building construction, including without limitati
City n f Miami Page 2 of 29 rile !d: 09-01344.1 (Version: 5) Printed On: 5/3/201
SUBSTITUTED
File Number: 09-09344zt
�bulldina addition modifications or demolition
earance of any structure or site.
Dia er DBH : The diameter at breast hei
one -ha 4 1/2 feet above grade. In the case
each tru 's diameter measured at a height fc
Drip line, An aoinary vertical line runnine fr(
.e's trunk measured at a height four an
le -trunk trees. the DBH shall mean the
ie -half (4 1/2) feet above grade.
!termost horizontal circumference of the
r
may be identified a established by the city commission as significant natural or manmade attribute
in need of preservatic, nd control because of their educational economic ecological and
environmental imoortan to the welfare of the ceneral public and the city as a whole.
attributes in need of preservatV and control because of their economic educational or
environmental importance to th e{fare of the -general public and the city as a whole.
Environmentally significant featureNinclude all trees within the citV andspecifically designated
natural topographical or geological Xmations, mangrove areas natural hammocks unique scenic
vistas or transportation corridors and r e and valuable plant material.
Exotic treespecies: A plant species thallo been introduced from other regions, and is not native to
the region to which it is introduced.
Fatally Diseased Tree: A tree which has a condi n that im airs its normal functioning, as manifested
by distinguishing signs and symptoms that will caX the death of the tree and for which there is no
know effective cure or treatment.
Girdling: The removal of a strip of bark from aroun\as m or trunk so as to block the downward
movement of carbohydrates. Girdlinq used to kill a tree.
Grade: The ground level of a subject property measuring \theqree of rise or descent of a slooin
surface.
Hatracking (Topping): The reduction of tree size using inter -nodal c s without regard to tree health
or structural integrity.
Hazardous tree: A tree with the potential to fail or fall in an environment at may contribute to that
failure and such that a person or object could be injured or damaged by th failure. A tree removal
ermit shall be issued for a hazardous treeprovided the hazard cannot be a ted by other means
(i.e.pruning, trimming, fruit removal, removal of hazardous limbs).
Landscape manual: The Miami -Dade County Landscape Manual latest editio\wh is the official
landsca e manual issued by Miami -Dade CountV, Florida and incorporated herein b eference. The
landscape manual as amended from time to time is adopted by reference by the cit d deemed
incorporated by reference as if set forth herein. If a conflict arises between the landscapkManual
and this article, the latter shall prevail.
Cite of A1iand Page 3 of 29 File Id: 09-013447t (Version: 5) Printed On: 5/.3/2010
SUBSTITUTED
File Number. 09-01344zt
afive trees ecies: Plantspecies with peographic distribution indigenous to all or part of
'ami -Dade County. Plants which are described as being native to Miami -Dade County in botanical
m uals such as the Miami -Dade County Landscape Manual are considered native plant species
withi the meaning of this definition.
Owner: n erson, entity, corporation, partnership, trust holdinq company, limited liability company
o—ranv othX leQal1v recognized entity that is the legal, beneficial orequitable owner of anV interest
whatsoeverN the groperty. Owner shall include any purchaser,assignee, successor, or transferee of
any interest wTwtsoever in the property regarding any provisions of this article.
Person: As erth definition set forth in Chapter 1 Section 1-2 of the Miami City Code.
Prohibited trees ecie . Those treespecies that are detrimental to native plants, native wildlife
ecosystems, and humaNhealth, safetV or welfare. Prohibited treespecies includes those designated
in the Miami -Dade Count andscaoe Manual and the Ficus Beniamina/Weer)ina Fig,
construction on a sub'ect proDeN as described in the Miami -Dade County Landscape Manual.
Prunin /trimmin : The selective cu of tree or )ant arts done to encoura e new growth or bett,
flowerin e to remove old stems or deagood: or to shape trees according to the Standards set forth
the ANSI A300 Tree Care Standards M ual "ANSI A300 Standards" incorporated herein by
reference. A tree removal permit shall a1X be re uired for the pruning or trimming of trees not in
compliance with ANSI 300 Standards.
Replacement or replacement trees: Thosetree that are planted for the purposes of restoring the
tree canopy and replacinq existing trees whose moval was authorized under this article.
Roots/roots stems: The tree part containing the orq s used for extracting water,gases and
nutrients from the soil and atmosphere.
Scenic transportation corridor: Those roadways identified the State or by the city commission
resolution as havinq a unique landscape an expansive tree no and/or unique landscape
features that is of substantial environmental or scenic im ortanX to residents and visitors.
Siteplan: A comprehensive plan drawn to scale indicating site ele tions roadways and location of
all relevant site improvements including structuresparking, other a d areas ingress and egress
drives, landscaped open space and signage.
Sound nurser ractices: The procedures of landscape nurser work \thatmiDIv with the standard:
set by the Florida Department of Agriculture and Consumer Services.
Special master: The person(s) a ainted pursuant to Chapter 2 Article 10 \Miarni Citv Code.
For purposes of this article the special master shall be synonymous with and hay II powers of the
code enforcement board. The terms may be used interchangeably,
Spiking: The insertion whether vertically or horizontally, of foreign objects into the b\ase the tree
its root system. Spiking is often used to kill a tree.
City of Aliand Pane 4 of 29 Tile Id: 09-01344zt ( ersion: 5) Printed On: 513120
SUBSTITUTED
File Number: 09-01344zt
�Cpread.' The average diameter of the crown.
Nst s: The main upward axis of a tree consisting of nodes and bearing leaves above the ground,
whic serves to support the tree and transport and store food materials.
S ecim tree: A tree with any individual trunk or a multiple trunk tree the sum of the diameter of the
trunks havka a diameter at breast height DBH of eighteen 18 inches or greater. This excludes the
following:
a. Non-native it trees cultivated or grown for the specific purpose of producing edible fruit
including, but notlkited to: mangos, avocados orspecies of citrus:
J. Non -natives ecie of the genus Ficus: and
c. All trees in the alm it .
Tree: Any self-supportinq wo plant or palm which usually has a single main axis or trunk with a
minimum trunk diameter at bre height of two 2 inches and a minimum overall height of twelve
12 feet. This definition exclude lants which are defined as shrubs hedges, vines or ground
covers. Palms shall have a minimu hei ht of fourteen 14 feet in order to be classified as a tree.
Tree abuse: Tree abuse shall include\treeii
a. Damage inflicted to an art of a uding the roots stem by machinery, construction
equipment, cambium layer penetration, storaN of materials soil compaction, excavation chemical
application/spillage or change to the natural graNer
b. Hatracking:
c. Girdling, spiking or bark removal of the trunk;
d. Pruning techniques not in accordance with th\current SIA300 Standards.
e. Excessive root cutting.
Tree Removal: The act of cutting down destroying, movin or eff ivelv destroying through
damaging, any tree situated on any real property or public propertv Nhin the city.
Viable: A tree which in the 'ud ment of the department is capable of Nuainingits own life
processes, unaided by man for a reasonable period of time.
Sec. 17.3. Applicability
The provisions of this article shall apply to all public or private property wit\theunless
expressly exempted by law.
Any tree removal on a public right-of-way or on property owned by the city shall re uire ermit from
the public works department, unless it is deemed in writing by the Public Works Director o he
Director of the department of code enforcement that such hermit will be an undue burden fo the citv
G(y ol'Main i Page 5 of 29 File Id: 09-013447.1 (Version: 5) Printed On: 5131201
SUBSTITUTED
Re Number: 09-01344zt
nd is not in the best interest of the public health safety and welfare of the city.
All ees located within environmental preservation districts shall also be subject to the requirements
of ar le 2 of this chapter.
Palms X a DSH of six 6 inches and a height over sixteen 06 feet shall also be sub ect to these
re uireme
All trees locat within natural forest communities shall also be subject to the requirements of article
3 of chapter 24 the Miami -Dade County Code as amended.
All mangrove trees d anv tree located upon land which is wetlands as defined in F.S. 373.019 a
amended from time to 'me. shall also be subject to the nermittina reauirements of article 2 of chaotE
17.4.1. Permit when re uired. Xtree removal permit shall be required for the removal or relocation
of any tree within the city, unless em ted by section 17.11. A tree removal permit shall also be }
required for crown prunin not in ac rdance with ANSI A-300 Tree Care Standards incorporated +
herein by reference or for any root Xninq. No person, agent or representative thereof, directly or
indirectIV, shall cut down remove reloc e or effectively remove through tree abuse anV tree
situated on any propertydescribed in sec%n 17.3 without first obtaining a tree removal permit as
hereinafter provided. A tree removal DermitNball be required for the pruning of any tree roots except
for the pruning of roots when essential for an e airs or improvements performed by or for the
department of public works or capital improve ts. No building permit for any work that has the
potential to affect trees including new constructio
X additions carports, pools, decks fences
driveways, parking lots tennis courts demolition o imilar work shall be issued by the building
department unless the zoning department has deter ed that a tree removal permit is not required
or that a valid tree removal permit has been issued in a ordance with this article.
17.4.2. Application requirements. Applications shall be Naon the form provided for that purpose
and shall include a written statement indicating the reasons the removal or relocation of each tree.
The following documentation and any applicable fees shall a pany applications:
decks shall include a tree survey, drawn to scale identifying the tre s ecies location and listing
the height, spread and diameter of all existing trees. The tree survey all illustrate the location of all
existing structures the location of any overhead and/or underground uti 'es and the right-of-way
limits edges of pavement, including all trees within the right-of-way. This%wrvey shall be prepared
by a professional land surveyor, licensed in the State of Florida.
Applications for a building permit or tree removal shall also include a tree Nisition Qlan drawn to
scale identifying and listing all existing trees andspecifying the condition of eac tree and whether
said trees are to remain to be removed and/or to be relocated. The tree dispositiN Wan shall also
contain the value of specimen trees that are listed to remain and/or to be relocated. he valuation of
trees shall be appraised usinq the Council of Tree and Landscape Appraisers Guide Plant
Appraisal, latest edition The tree disposition plan shall superimpose all proposed new nstruction
and the new locations of existing trees to be relocated on site over the tree survev plan irVrmation,
For agolications involving the construction of a new buildino(s). the tree disposition clan shX be
City of Miami Page 6 of 29 File !d: 09-01344.>.t (Version: 5) Printed On: 5/3/201
SUBSTITUTED
File Number: 09-01344zt
prepared by and bear the seal of a landscape architect currently licensed in the State of Florida.
b, lications for tree removal in con'unction with an other activityre uirin a buildingpermit,
olition ermit or for an other tree removal shall include a site Ian drawn to scale or existing
ro rt surve identifying the location of the tree the species and listingthe height, spread and
diam r of all existingtrees. Said site lap may be limited to the immediate area of the proposed
wor
k. lications for a building permit, demolition permit, or tree removal shall include a tree
dispositiNplan drawn to scale or such plan incorporated onto an existing ro ert surveV, listing
all existing es and specifying the condition of each tree and whether said trees are to remain to
be removedNd/or to be relocated. This plan shall also illustrate the location of all existing
structures qnciNr all Dr000sed new construction, the location of anv overhead and/or undercround
all proposed new constructs new locations of relocated trees and new replacement tree locations
that complies with the require ents of section 17.6, entitled "Tree re lacement" . For a lications
involvino the construction of a n buildina(s). the tree replacement Dian shall be DreDared by and
of the specimen trees to remain and/or t E
effect for one (1) year after the final certifica
e. Tree removal and tree replacement for hoi
the followinq alternate requirements:
1. Non -specimen and non-native tree or paln
permit. Tree replacement shall be required a
City.
2. Any removal of a specimen tree, native tre
permit and shall comply with the standard tre
3. Hazardous trees, fatally diseased trees, a
ated shall be posted. The bond shall remain in
cupancy is issued.
ad residents (homestead lots) are to comply with
les av be removed after obtainina a tree removal
al
removal permit attached with a letter from a Certified Arborist or H
is hazardous, fatally diseased, or dead. The department may requ
depicting the hazardous condition, signs or symptoms of a fatal di;
the department may require supporting documentation such as a I
analysis report, or relevant scientific literature. After obtaining a trE
tree(s) may be removed without the need for tree replacement.
4. Prohibited trees may be removed after obtaining a tree removal
require photographs of the tree(s) to support the identification of tf
may be removed without the need for tree replacement.
tree
a
Furthe
City of Afland Page 7 of 29 FUe 1d: 09-01344zt (Version: 5) Printed On: 513/201
SUBSTITUTED
File Number: 09-01344zt
Homestead residents may obtain a tree removal ipermit for their property on an expedited basis.
17.4.3. eview of application. Upon receipt of a completed application, the De artment of Code
Enforce nt herein referred to as "Department") shall review said application for compliance with the
re ulations s set forth in this article. Such review shall include a field inspection of the site and
referral of thNaDolication to other departments oragencies as necessary. Within fifteen 15 calendar
days of the reAlpt of a completed application, the department shall issue an intended decision
approving, den i or approving with conditions the permit request,
17.4.4. Notice. Athtwenty-four 24 hours of issuing the intended decision for a tree removal
permit, the departmenNEhall notify the applicant and post a notice of the intended decision on or
adjacent to the subject rX)r)erty in a location where it is visible to the general public. The posting shall
provide a general descri t and location of the trees on site to be removed or other action
requiring the tree removal nknit. The intended decision shall also be sent to the Home Owners'
Associations re istered with t Nei hborhood Enhancement Team in that area.
17.4.5. Issuance of permit, If no a eal in accordance with section 17.8 is time) filed within ten 10`
calendar days of the issuance of the ' tended decision the tree removal permit, if originalIV approved
by the department, shall be issued. -rNpropertv owner shall insure that the tree removal permit is
displayed until the authorized work is co feted.
17.4.6. Fees. Fees shall be as established rsuant to section 10-4 as amended "Building Permit
Fee Schedule," of the Miami City Code. Appli tions from government agencies for tree removals in
areas dedicated to public use may, at the discre ' n of the city commission be exempted from
application fees and permit fees by resolution.
17.4.7. Final inspection. No later than six -(6) months Ilowing the completion of the authorized work
the appiicant shall schedule a final inspection with the ADartment for verification and acceptance of
the final authorized work.
following criteria exists:
laced and the tree unreasonably restricts the permitted use of the propeXv. Trees located in the
property frontage within the 15 -foot setback are not considered located in the buildable area
ard. Ingress and egress to garages are not considered buildable or yard ar . Trees on a public
right-of-way shall not be considered for removal because they restrict in ress Negress to the
garages or parking on the site except if there is no other reasonable access to aNd from the strut
or to the property from the public right-of-way. This restriction shall be waived by e er the Directo
Code Enforcement when it relates to the private property and/or by the Director of P lic Works w
it relates to the public right-of-way.
b. The tree: is diseased. iniured or in dander of fallina: interferes with utilitv service: crea unsa
vision clearance or is in danger of materially impairing the structural integrity of an existing ucture.
Cih) of R4ianri Page 8 of 29 File I& 09-01344.>.t (Version: 5) Printed On: S/3/201
SUBSTITUTED
File Number: 09-01344zt
The tree is an exotic treespecies and will be replaced with a native treespecies to promote good
Nestry oractices; creates a health hazard: interferes with native tree species; or creates a ne ative
irnAact on natural land features such as rock outcronoinas. sink holes or other aeolocical. historical or
archftlociical features.
d. It is i the interest of the general welfare of the public that the tree be removed for a reason other
than set fo above.
17.5.2. Condit s for tree removal relocation and replacement. Any or all of the following conditions
may be require .
tree determined by theNe artment to be of substantial value because of its species, size age, form
and/or historical si nific ce and to provide an alternate plan that includes the preservation of said
trees and design alterati s within the scope and intent of the initially proposed plan.
b, Where practical, s ecime ees or any other tree determined by the department to be of
substantial value because of its ecies size age, form and/or historical significance, proposed for
removal shall be relocated on or -site. The applicant shall adhere to acceptable tree relocation
standards ands ecifications. The d artment mav require a Certified Arborist to monitor the root
pruning and tree relocation re aratio fforts on site and to provide documentation certifying that tf
work was accomplished according to ac table tree relocation standards andspecifications.
c. If it is impractical to relocate said trees ther on or off-site because of age, type or size the
applicant shall be required to replace all trees rmitted to be removed in accordance with the tree
replacement requirements in section 17.6.
d. The department may require that thea licant vide a written report from a certified arborist
before making any determinations in conjunction with 's section. The department may also require
monitoring by a certified arborist during construction to Nure tree preservation.
Sec. 17.6. Tree replacement.
17.6.1. Tree replacement chart. The tree replacement Chart 1 .1.1 below, shall be used to
determine the total number and size of trees that shall be plantedNe re lacement trees for all trees
permitted to be removed, The replacement trees are based on the meter in inches DBH of the
trees to be removed. To determine the required replacement trees ca ulate the total sum in inches
of the diameters of all trees to be removed. This sum will result in one Asingle number in inches th
represents the combined total of the diameters of all trees to be removed. iameter measurement
shall be rounded up to the nearest inch.
Chart 17.6.1.1 Tree Replacement Chart
Total diameter of tree(s) to be removed (Sum of inches at DBH) Total num\ofreplamenttrees
aquired (2" DBH minimum each; 12' minimum height) OR Total number of re laceme trees
squired (4" DBH minimum each: 16' minimum height)
"--3" 1 or 0
"--6" 2 or 1
'"--12" 4 or 2
Cite of Miami Page 9 of 29 Fite Irl: 09-01344zt (Version: 5) Printer! On: 5/3/207
SUBSTITUTED
File Number: 09-01344zt
3"--18" 6 or 3
9"--2411 8 or 4
11--301' 10 or 5
11 36" 12 or 6
,711-- " 14 or 7
•3"--4 16 or 8
.9"--60" 20 or 10
If the sum the diameter of trees to be removed exceeds a total of sixty -(60) inches the additional
inches shall Nadded cumulatively from the top of the chart down to the bottom of the chart to
calculate the n ber of trees required as replacement trees. 1
Up to thirty 30Npeent of the two 2 inch DBH replacement tree requirement may be met by native
species with a minimV height of eight 8 feet and a minimum DBH of one 1 inch at time of
planting.
Palms of a fourteen 1\minirnum overall height and minimum DBH of three 3 inches at time of
planting shall count as a regNod two 2 inch DBH replacement tree on the basis of two 2
palms -per required tree. No mNo than thirtv (30) percent of the required replacement trees shall be t
palms.
(/.U. L. !/cc 11cc a nro�0nc a� is 10�,c11101 IL LI CGJ 011011 uc vi CA 110uvc U1 1w11-1 IM Ll
s ecies and shall be planted at rade o round level according to ISA best management practi
manual incorporated herein bv reference. When more than ten 10 trees are installed as
replacement trees. a diversitv of species sh be reouired as per Chart 17.6.2.1 Tree Species
Diversity Chart, below.
Chart 17.6.2,1 Tree Species Diversity Chart
reouired Number of TreesRecuired Minimum Number Species
1 -20 2
:1 -50 4
,1 or greater 6
17.6.3. Prohibited species. Replacement trees are not reouired forke removal of anv prohibited
species except Ficus altissima Loft Fi and Ficus ben halensis (BaVan Tree). No fees will be
assessed for removal of prohibited tree species.
17.6.4. Tree quality, Trees installed as replacement trees in accordanc\wi this section shall
conform to or exceed the minimum standards for Florida Number One as Or 'ded in the most
current edition of "Grades and Standards for Nursery Plants Part l and 11 " preNared by the Florida
Department of Agriculture and Consumer Services and incorporated herein by reNrence. Trees shall
be planted according to sound nursery practices as illustrated in the landscape man I. I
17.6.5. Off-site replacement trees. If the total number of trees required as relacement ees cannot
be reasonably planted on the sub ect property, the applicant mav enter into an a reemenith the
cit as approved b the department, to plant the excess replacement trees on public roe within
the city commission district of the subiect property. An alternative to off-site replacement is Avided I
in section 17.6.6 relating to the contribution to the tree trust fund, Applicants may do both to th
extent that .thev should proffer to do so. I
Cit), ofMiand Page 10 of 29 File Id: 09-01344^t (Version: 5) Printer/ Ora: 5/.3/201
SUBSTITUTED
File Number: 09-01344zt
V.6.6. Tree trust fund. If the total nurriber of trees required as replacement trees cannot be
reXonablv planted on the sub�ect r)roperty, the applicant shall contribute to the city's tree trust fund
the m of one thousand dollars ($1,000.00) for each two-inch DBH tree required as replacement
trees Xaccordance with Section 17.6.1.1. A city resident with current proof of residency and
homest d status shall contribute five hundred dollars 500.00 for each two-inch DBH tree required
as re lac ent trees in accordance with Section 17.6.1.1 one time during a calendar year on his or
her homest d property. An addition or an alternative to contributing to the tree trust fund is
provided in seAtion 17.6.5 relatin to off-site replacement trees. Applicants may do both to the extent
that they shouldXroffer to do so,
17,6.7. Completion. he replacement tree process shall be completed prior to the issuance of a
certificate of occu an or temporary certificate of occupancy. Moreover, the approval of a tree
relocation or tree remo ermit is contingent on any requirements set forth in 17.6 throe h 17.6.6
above.
Sec. 17.7. Tree protection.
97.7.1. Tree protection durin col ruction. Trees shall be protected during construction activity as
determined by the Buildinq De art nt through the use of protective barriers in accordance with the
landscape manual. Trees that are to Arnain shall be clearly identified with tags. A protected area with
a radius of ten 10 feet shall be mainta d around trees to remain in accordance with the landscape
manua unless a certified arborist othennti determines in writing that a smaller or larger protected
area is acceptable for each tee or an alter ive tree protection method is approved.
During demolition and/or development or const tion. includine installation of irriaation systems or
remain in oraer to prevent ine aestruction or aama or roots stems or crowns or sucn trees. i ne
barriers shall remain in pl9ce and intact until approveNandscape operations be in• however, barriers
may be removed temporarily to accommodate construe n needsprovided that the manner and
purpose for such temporary removal will not harm the tre . The trees shall be properly irrigated
throughout the building process. Trees dama ed during co truction shall be subject to the provisions
of section 17.9.
17.7.2. Tree runin /trimmin .The pruning or trimming of any tr shall be done in accordance with
the standards set forth in the ANSI A-300 Tree Care Standards an he quidelines illustrated in the
landscape manual both incorporated herein by reference. "Hatracki " or "topping" is not permitted
and shall be considered a violation of this article. Any other tree abuse,%r activity that can effective)
destroy a tree, shall also be considered a violation of this article.
Sec 17.8. Appeals, appellate fees.
17.8.1. Appeals to the historic and environmental preservation boardHEPB . Property owner,
the applicant, or any aggrieved Party having standinq under Florida law, may apoekto the HEPB an
decision of the department on matters relating to applications for tree removalermi exce t for tree
removal permits granted to the departments of public works or capital improvements, filin a
written notice of appeal to the preservation officer, as established in section 62-191 of th Miami Cit
Code within ten 10 calendar days after the date of the intended decision. The notice of Aweal shall
include the decision appealed from and the reasons or grounds for the appeal. HEPB shall r and
consider all facts material to the appeal. HEPB may affirm modify or reverse the decision of t
department.
City of Miami Page 11 o1'29 File Id. 09-01344rt (Version: 5) Printed On: 51312076
SUBSTITUTED
File Number: 09-01344zi
11 appeals to the HEPB in accordance with this section shall be accompanied by a fee of three
%ndred and fifteen dollars 315.00. However, no fees shall be assessed for appeals initiated by an
oAer of DroDerty which abuts the subject property for which a tree removal permit is sought,
inclu ro erties located across a street or alley from the sub'ect property, appeals by a nonprofit
cor or ion dedicated to conservation and protection of the natural and physical environment or
appealsappealAy a homeowners association as defined by Chapter 720 Florida Statutes as amended
which has e 1 member who owns property within five hundred 500 feet of the subject property.
17.8.2. Ap xato the citv commission. The Property owner, the applicant, the department, or an
aggrieved PartAavinq standing under Florida law, may appeal to the city commission any decision o
the historic and e 'ronmental preservation board on matters relating to applications for tree removal
emits by filinq a w ten notice of appeal with the department of hearing boards within fifteen 15
calendar days after th date of the decision. The property owner, the applicant, or any aggrieved
party having standing u er Florida law may appeal to the city commission any tree removal permit
ranted to the de artmen of public works or capital improvements or to their contractors by filing a
written notice of appeal witfthe de artment of hearing boards within fifteen 15 calendar days after
the date of issuance of the pAmit. The notice of appeal shall include the decision appealed from and
the reasons or grounds for the eal. The city commission shall conduct a hearing de novo as a
body of original jurisdiction upon V appeal and/or review from an appealable decision under the
terms of this ordinance as amende New evidence or materials may be received by the cit
commission where such evidence or terials are pertinent to a determination of the appeal. The cit
commission may hear the testimony of 'tnesses and/or any other evidence offered bV any person
aggrieved or by any officer, board or aqekv of the city affected thereby or by any interested party
having an interest in the appeal under Flori law and may, in conformity with this ordinance and
other applicable laws rules and regulations, der its decision. The city commission shall hear and
consider all facts material to the appeal and ma affirm modify or reverse in whole or in partwith or
without conditions HEPB's decision or may ran r denv the appeal of the tree removal permit
issued to the departments of public works and ca i improvements.
All appeals to the city commission in accordance with 'tV section shall be accompanied by a fee of
five hundred dollars 500.00plus three dollars and fift ents 3.50per mailed notice to the
adjacent owners within a 500' radius. However, no fees shX be assessed for appeals initiated by an
owner of propertV which abuts the subject property for which tree removal permit is sought,
including properties located across a street or alley from the s 'ect property, appeals by a nonprofit
corporation dedicated to conservation and protection of the nnfijN and physical environment or
appeals by a homeowners association as that term is defined bv Napter 720 Florida Statutes as
amended which has one member who owns property within five hun ed 500 feet of the subject
property.
The decision of the city commission shall constitute final administrative re w and no petition for
rehearing or reconsideration shall be considered by the city. A peals from Oxcisions of the cit
commission may be made to the courts as provided by the Florida Rules of A ellate Procedure.
17.8.3. Notice. All public hearings on appeals shall be noticed as follows. Notice the time and
face of the public hearinq shall be mailed at least ten 10 calendar days in advanc of the hearing to
the owner of the subject property and the owners of the adjacent properties. At least t 10
calendar days in advance of the hearing, a sin in compliance with the provisions of su ection
62-129(2)x., of the Miami City Code, shall be posted on the subject property.
17.8.4. No tree removal ermitted during an appeal. Upon timely submission of an appeal m e
pursuant to the requirements of this section removal of an trees which could be affected,\h
th
subject appeal is prohibited, pendinq final disposition of the appeal. A violation of this subsection ill
City, , of Miami Page 12 of 29 File (d: 09-013449 /Version; 5) Printed On: 5131201
File Number: 09-01344zt
Sec
17.9.1
of this
article.
separate and
SUBSTITUTED
i
ent snail
-ticle X e
in accor
ach tree
without a tree removal permit shall constitute
;ct of individual enforcement.
be fined one thousand dollars 000.00per daV per violation for a first violation and shall be fined
five thousand dollars 5 000.00 r day per violation for every repeat violation of this ordinance or a
greater penalty as provided bV law d shall undergo the tree replacement process pursuant to
section 17.6. A City resident with proNof current residency and homestead status shall be fined five
hundred dollars 500.00 for the first v ation. Each tree removed without a tree removal permit shall
constitute a separate and distinct violatio sub'ect to a separate fine and tree replacement pursuant
to section 17.6.
17.10.2. Tree replacement required. Thelant of replacement trees shall be required, in addition
to the monetary fines assessed pursuant to this aNcle. The number of trees required as replacement
for each tree that was removed without a nermit is Novided in chart 17.10.2.1 the tree replacement
chart for trees removed without a permit, below. If th total number of trees required as replacement
trees cannot be reasonably planted on the sub'ect propNPY, the applicant. may contribute to the city's
tree trust fund in the amount provided in chart 17.10.2.1.
Diameter
(DBH)
of each tree removed without a permit
DBH minimum each; 12' minimum height) OR Number
minimum each;
16' minimum height) ORContributior
2"-3" 2
or 1
or $1,000.00
4"-6" 4
or 2
or $2,000.00
7"-12" 8
or 4
or $4,000.00
13"-18"
12 or
6 or $6,000.00
19"-24"
16 or
8 or $8,000.00
25"-30"
20 or
10 or $10,000.00
31 "-36"
24 or
12 or $12,000.00
37"-42"
28 or
14 or $14,000.00
43"-48"
32 or
16 or $16,000.00
49"-60"
40 or
20 or $20,000.00
calculate the number of trees required as replacement trees,
lacerilent trees reauired (4"
the ch
City of Mianri Page 13 of 29 File 1d: 09-01344zt (Versiorr: S) Printed On:
SUBSTITUTED
Fite Number: 09-01344zt
.10.3. Tree viability after proiect completion. If the department determines that any tree is not
vi le alive and growing one year after all associated development activity on the property is
com eted the department shall require that said tree be replaced with the same treespecies and
size ch was ori inall )anted or relocated as per thea roved tree removal permit.
17.10.4. 'hholdinci of a new building permit, The removal of anV tree in violation of this article shall
constitute Awnds for withholding new buildingermits direct) related to said tree removal until the
violation has Nen corrected including payment of all fines and planting of all required replacement
trees as pursuaXto this section. Alternatively, in order to obtain the new building permit, the person
in violation may t a a ment and performance bond pursuant to F.S. § 255.05 naming the City of
Miami as obli ee. TV bond shall be in the amount of ten f 10Percent of the construction cost or ten
10percent of the apNiraised value of the Property, if no construction exists. The bond will remain in
lace until the violation s been correctedpursuant to this section. In the event a bond is not
feasible the city may acc t an irrevocable unconditional letter of credit in the previously stated
percentages, naming the CX of Miami as payee.
17.10.5 Withholdinq of a certifi e of occupancy. The department shall not approve the zoning
inspection required for a tem ora or final certificate of occupancy until all violations of this article
have been corrected including the3@vment of all fines and the plantinq of all replacement trees
required as mitigation, pursuant to thi ection.
17.10.6 Remedies cumulative. The reme 'es rovided in this section shall be cumulative to all
remedies provided by law and/orequity, an he election of one shall not preclude the other.
17.10.7. Costs and fees: In the event the citV i itutes any civil action to enforce the provisions of
this article in a court of competent 'urisdiction if t city succeeds as prevailing party,it shall be
entitled to recover the fines assessed pursuant tot violations the cost of replacement trees
required as mitigation the costs associated with the i esti ation and prosecution includina
reasonable attorney fees and any equitable and/or leqXrernedie
Sec. 17.1. Exemptions.
The following are exempt from the provisions of this article:
a. Any tree growing in a botanical garden, or a licensed plant or
b. When the city manager determines, in writing, that tree remo%
impede private or public work to restore city order after a declare(
commission.
c. The removal of any tree during or following an emergency or
issue, by demonstrating to the city, following the review and recor
which may require photographic proof and/or other supporting do
condition of the tree prior to removal which:
1. Creates a life safety issue;
2. Prevents a person from the use or enjoyment of the property,
3. Prevents further damage.
nursery business
eVittina requirements will
.ate Xemergency by the cit
act ofnat or a life safety
endation of%e department,
mentation, to ND determine the
Cio; of Miami Page 14 of 29 Fite 1d: 09-01344,.1 Olergion: 5) Printed On: 5131201
SUBSTITUTED
File Number: 09-01344zt
d. Nothing in this article shall be construed to prevent the pruning or trimming of trees where
ecessary for proper landscape maintenance and safety, provided that the pruning or trimming of
trNas is done in accordance with ANSI A-300 Tree Care Standards and the guidelines illustrated in
the ndscaoe manual.
ARTICLE II. ENVIRONMENTAL PRESERVATION DISTRICTS
Sec. 17.26 Defini
I
rape and valuable plant MatWial.
fable• The term "viable," as USed 'n this rFWe h II refer to troo_����
��rr� -n-r-cr-rr�-i�r-cr'rnv, �--rarrrcnvrc'c�-a zrv-�
i �ct�in inn ifa wm lifo nrr�n�c
pe4ed fir -time.
Sec. 17.27 Intent of article.
The intent of this article shall be as follows:
(1) To preserve and protect trees and other significant environmental featur\thhe
(2) To require that the design and construction of all development activity be
consistent with the preservation of trees and other significant environmental f
extent possible.
Cio, of Miami Page 15 of 29 File Id: 09-013447.t (Version: 5) Printed OIC 5131201
SUBSTITUTED
File Number: 09-01344zt
Toe
guidelines and review procedures for controlling development activity which may alter,
de oy or be detrimental to existing trees, significant environmental features and scenic areas.
(4)provide the framework and legal mechanism for publicly identifying and preserving
enviro Dentally significant areas or sites.
Sec. 17.2 pplicability of article.
The terms A provisions of this article shall apply to real property as follows:
All orooerty to ted within a designated environmental preservation district. includina sceni
Sec. 17.29. Historic and environmental eservation board
The historic and environmental pre s rvation board (hereinafter referred to as HEPB or the
board) as established under section 62-186 this Code shall be responsible for maintaining a record
of unique environmentally significant lands or ' es within the city. The board shall serve as the
quasi-judicial instrument for granting or denying rtificates of approval for tree removal and
development activity within those areas identified d established as environmental preservation
districts under the terms and provisions of this articl
Sec. 17-30. Preservation officer.
The preservation officer, as provided in section \atteall
is Code shall be responsible to
assist d to carry out the following duties:
(1) Serve as secretary to the board. The appointee shmeetings of the board and
maintain a record of the proceedings of the board, shon on each application. The
appointee shall schedule and provide notification of i6t.-el MGRtal pFeseFvatiGR board
meetings to applicants and other department and agency represen ves.
(2) Upon receipt of a proper application for tree removal or develop nt activity within the
designated environmental preservation districts, review such applicatio w icl r+ayshall include a
field check of the site and referral to other departments or agencies as n ssary to determine any
adverse effect upon the general public welfare and determine whether a st dard or special
certificate of approval is required.
(3) Maintain and update an official map delineating environmental preservatioi istricts and a
photographc documentation of all official designated sites.
(4) Wok with other city depatments and community evironmental groups as rquire to protect and
reserve the natural environment through public education and encouraging sound en ' onmental
policies.
(5) Evaluate applications for standard certificates of approval and render a decision bas upon the
standards and conditions for tree removal and the review standardsfor tree removal and d lopment
activity within environmental preservation districts.
(6) Ensure that notice of the application for a special certificate of approval is given as requir in
section 17-39.
(7) Prepare summary reports of all decisions on certificate of approval applications. The report sh I
City of Miand Page 16 of 29 File Irl: 09-01344rt ( ersion: 5) Printed On: 513/2010
SUBSTITUTED
File Number: 09-0134421
efly summarize the conditions and criteria for tree removal and the decision of the bis-to#c--^^
yiFenmeRtal pcesapvati board or preservation officer.
Sec. 17-31. Environmental preservation districts.
(a) Designa ' \anrotection
lly; intent. Certain geographical areas or sites may be designated as
environmentaon districts by action of the city commission, recognizing the need for
preservation of such areas because of their educational, economic, environmental or
ecological imthe welfare of the general public and the city. Environmental preservation
districts are iprovide for preservation and protection of trees and other significant
environmentacaDe features and to encourage design and development activity which is
sensitive to the natural IN
character of the site. Sites with significant trees and landscape
materials may be selected s environmental preservation districts because they provide important
environmental functions for welfare of the community, which include the following: stabilizing the
soil, preventing erosion and e essive runoff; giving shade and cooling the land; providing protection
from forceful winds; using their I f surfaces to dilute gaseous pollutants and trap and filter out ash,
dust and pollen in the air; absorbi a high percentage of carbon dioxide and returning oxygen to the
air; alleviating noise pollution; increa 'ng the value of the property; and adding to the natural scenic
beauty of the city. All regulations and view procedures provided for environmental preservation
districts are intended to protect the signs ' ant environmental features against needless destruction
and to present guidelines which will lead t he continuance and enhancement of those features,
while at the same time recognizing individua ights to develop property which are not prejudicial to
the public interest.
(b) Natural or manmade environmental feature The following natural or manmade environmental
features may be designated as environmental pre rvation districts, when one or more such features
are located in a geographical area or lot:
(1) Clusters of trees with extensive tree canopy, natur ammock areas and mangrove areas. Land
areas which include 6 �^ Lit ^fes,-ir�a+Repy
R ,a„ be deGinnated eRVirnnn;eRtal nr ^r„ +i,,n dis+ri'G �' si ficant environmental features
outstanding characteristics or meet other professional criteriaNcav be designated as environmental
preservation districts by the historic and environmental reservcXon board.
pFGfessieRal G� is Get fe4h by4e state division of fe Festpy
(2) Exposed geological formations, such as natural rock outcroppings, es, sinkholes and
significant natural topography of the Coastal Atlantic Ridge.
(3) Scenic transportation corridors --those roadway areas which have a u\within
scape character
and an extensive tree canopy and are of substantial environmental importaresidents of the
city as well as to visitors. Dimensions and extent of scenic transporridors shall be
determined for each specific area so designated, based upon an analysis ridor by qualified
professional staff of the appropriate city departments. The boundaries o'c 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 transportation corridor.
c. Significant natural features, such as trees, or geological features whichthin thright-of-way or street yard area but are of value as a part of the scene.
d. Principal natural landscape or manmade elements which form the visuay or enclos
space of the corridor.
Cite of Miami Page 17 of 29 Fide Id: 09-013447t (Version: 5) Printed On: 5/3/201
SUBSTITUTED
File Number: 09-01344zi
Unique botanical features, such as rare, exotic and valuable trees or plant life or examples of
int landscape design.
(c) Produre for designation.
(1) Areas r,
to be considered as environmental preservation districts may be recommended to
the pl HEPB by private individuals and organizations, (after providing sufficient
evidence that e resource a ualifies under the provisions of this code all city departments, th-e-
men.HEPB and the city commission.
(2) All areas to \nde ered must be evaluated by the filar+ adv�� HEPB with the
appropriate recoions conveyed to the city commission.
(3) A letter or inhall be delivered to the owners of all property within the boundaries of the
proposed enviroreservation district, with a full explanation of the reasons for the
environmental sif the property, the effect of the proposed classification and the process
by which environre rvation districts are officially designated. The owners will be invited to
appear at a publibe e dvisery beard HEPB to discuss the matter. Should
there be more th0 ro rty owners within the oroposed scenic transportation corridor, a
notice published in a newspaper fcleneral circulation at least ten 10 days prior to the hearing,
stating the aforementioned informs n and including the date time lace and reason for the HEPB
hearing shall be considered sufficient tice. The prepeFt sh'"'heR b
n -r, .
�, r �)cz+�t
Following the decision of HEPB, Toe theeoperty may then be recommended by the plaRRiRg-
adv+seF be the board to the city comms ion for ieslUsieR iR designation as an environmental
preservation district.
(4) The areas recommended by the HEPB and approved by the city
commission are established as environmental p\enn
tion districts. These sites or areas are then
added to the official map delineating environmeervation districts on file within the
department.
(d) Effects of designation.
(1) Once an area or site is officially designatednv nmental preservation district, all
development activity or removal of trees within tmus e reviewed by the preservation officer,
and a certificate of approval, standard or speciabe gran d under the provisions of section
17-32 before a tree removal permit or a buildingwill be is ed by the department.
(2) When the city commission approves the den of an are or site as an environmental
preservation district, the regulations and review ments for bot the existing ze^ s#-4Frttransect and the preservation district shall apply_8Rthe ZG.rapplyingPG44-
SpeR61'-'le fe r rem wing app
Sec. 17.32 Removal of trees not located in environmental preservation districts.
The removal of trees not located in environmental preservation districts shall follow thXprocedu
set forth in Article I of this chapter entitled "Tree Protection In General".
City of Miami Page 18 of 29 Fide Id: 09-01344,.1(Yersion: 5) Printed On: 513120
SUBSTITUTED
Faille
Number:09-01344zt
that a valid tree e`IpeT,r c as been r uUhis aP+
IG18,
a-nd refe
a
Sec. 17.33. Removal of trees and development activity within environnientaT, reservation districts.
(a) Certificate of approval required, No person, agent or representative they directly or indirectly,
shall cut down, destroy, move or effectively destroy through damaging any tree\fiobtaining
environmentally significant feature within an environmental preservation districrst obtaining
a certificate of approval and must abide by tree removal as set for in Se^+n I of this
Chapter. No person, agent or representative thereof shall commence any devectivity within
an area visible from a public way within an environmental preservation district obtaining a
certificate of approval, standard and special, ashereinafter provided:
(1) Standard certificates of approval may be issued by the preservation officeev andapproval by the historic and environmental preservation board, for the followingtions f
applications:
a. Applications for development activity where all existing trees
City of Miami Page 19 of 29 File 1d: 09-01344:1 (Version: 5) Printed On.: 5/3/201
SUBSTITUTED
File Number: 09-01344zf
c1lk r'—phc'^)(! )banare to be preserved or relocated on site,
Applications for removal of trees which are diseased, injured, in danger of falling, or interfere with
u y service, create unsafe vision clearance, or conflict with other ordinances or regulations.
C. plication for removal of trees which are listed in section 17-37(e) as , Rdesii'^"'^
d. A lications involving tree removal and additions or modifications to existing building, except
where s h addition exceeds 50 percent of the existing lot coverage.
e.. Appli ions involving tree removal and site improvements for existing buildings such as but not
limited to fe es, walls, patios, driveways, pools, etc.
(2) Special tificates of approval require the approval of the historic and environmental
preservation bo d, and include the following classifications of applications:
a. Applications new development involving removal of existing trees from the site or alteration of
other environmenta significant features.
b. Applications for d elopment activity or tree removal not listed in paragraph (a)(1) above as
eligible for a standard c tificate of approval,
c. Applications referred the historic and environmental preservation board on appeal from
decisions of the preservatio officer, or from the general public as described in Section 17.8.
(b) Applications. All applicatioX for a certificate of approval within environmental preservation
districts shall be initially made to preservation officer. Applications shall include the following and
shall remain on file with the city:
(1) An official application form, inclu g all requested information, signed by the property owner.
a
ether plant mateFial
City of Miami Page 20 of 29 File Id: 09-01344.7t (Version: 5) Printed On: 5/3/2010
SUBSTITUTED
File Number 09-09344V
iF. 3 Signature of a pla ng, building and zoning official indicating compliance with applicable zoning
regulations or specifying vNiances necessary for permitting.
(gc) Application review. -f I preservation officer shall review the application, which mayshall
include a site inspection or ref al to other departments\activity
and determine whether the type and extent
of the proposed work falls withirisdiction of a standard certificate of approval or a special
certificate of approval.
(1) Where an application is elia standard certificate of approval, the preservation officer
shall, within 15 days of receipt oleted application, issue such standard certificate of approval,
with or without conditions, or deh ndard certificate of approval with specified reasons
therefore.
(2) Where the nature and exteropos work requires a special certificate of approval, the
historic and environmental presn board all hold a public hearing and take action within 45
days of receipt of a completed ation. The rd shall either authorize a special certificate of
approval, with or without conditideny such ecial certificate of approval with specified
reasons therefore.
(d) Permits. No permit for devnt activity or tre removal within an environmental preservation
district shall be issued by the bungdepartment+Radze t+ until a certificate
of approval has been issued pursuant to this article. Such rmit applications shall be approved by
the preservation officer to verify conformance with the certifi to of approval. Tree removal permits
authorized by a standard certificate of approval shall be subje o the ten-day delayed effective date
and posting requirements of section 17.32(e) and 17.4.4
(e) Changes in approved work. Any change in work proposed s equent to issuance of a
certificate of approval shall be reviewed by the preservation officer t etermine whether such change
would materially affect the certificate of approval. If so, such change s II require a new certificate of
approval pursuant to all standards and procedures in this article.
Sec. 17.34. Criteria and conditions for tree removal.
(a) Criteria for removal. No permit shall be issued for tree removal from the s , unless one of the
following conditions exists:
(1) The tree is located in the buildable area or yard area where a structure or imp vement may be
placed and unreasonably restricts the permitted use of the property. Trees located i e property
frontage within the setback shall not be considered to be located within the buildinq Xpa or yard.
Ingress and egress to garages are not considered the buildable area or yard.
2 Trees on the public right-of-way shall not be considered for removal as a result of rest tion to c
from ingress or egress to the .garages or parking on the site provided however, that if there no oti
the structure or to the
requirement shall be waived by the Director of Code Enforcement when it relate
and/or by the Director of Public Works when it relates to the public right-of-way.
City of Alia of Page 21 of 29 File Id. 09-01344zt Wersion: 5) Printer! On: 5/3/20
SUBSTITUTED
File Number: 09-01344V
V3)Thetree is diseased, injured or in danger of falling, interferes with utility service, creates unsafe
rance or conflicts with other provisions of this Code or other ordinances or regulations.
ree is an exotic trees ecies and will be re laced with a native trees ecies to romote ood
actices creates a health hazard interferes with native trees ecies or creates a negative
impact natural land features such as rock outcroppings, sink holes or other geological, historical or
archaeol ical features.
(45) It is i the general welfare of the public tha the tree be removed for a reason other than set forth
above.
(b) Condition or relocation and replacement. As a condition to the granting of a tree removal
permit, vn nr rnnlano the trr�nc nn the
site -as fay e-1 -anv all of the followina may be required.
1 The applicant may be re u d to redesign the Proiect to preservespecimen trees or any other
tree determined by the historic aNd environmental preservation board to be of substantial value due to
its species, size age, form and/or torical significance: provide an alternative plan, when feasible
which shall include the reservation such trees and design alterations within the scope and intent
of the initially proposed plan. The appIVnt shall provide sufficient information to include a tree survey
drawn to scale that illustrates all existin to conditions and a tree disposition plan drawn to. scale that
superimposes all proposed new constructIN including all overhead and underground utilities and the
new locations of trees over the tree survev PV information. The historic and environmental
reservation board will review and analyze theNforementioned information in order to determine the
appropriate course of action.
2 Where practical, specimen trees or any othe\tre determined by the department to be of
substantial value due to its species, size age, form an or historical significance, that is proposed for
removal shall be relocated on or off-site. The applicantNhall adhere to acceptable tree relocation '
specifications. i
(3) If it is impractical to relocate and replant such trees of su antial value, t^ he remev either on
the site or off the site, besauseof ague er size, .the tree ma e destreved either be removed or
the applicant may be required to • demonstrate a "good faith"
effort to redesign the project to protect and preserve the trees. TNepplicant shall be required to
replace all trees permitted to be removed in accordance with the tree lacement requirements
contained in Section 17.1
tl_ ith Rues treoc of nnmparable size, RatuFe and
beauty,
nlanninn building anti zeninn nr the nreoeFyatien nff'n r nr by thn . aVIPGRRIGRtal
preSeFyatieii board. IFI -ISE) iRsttaRGe, heweyeF, shall the replaGE) 8R. t'641g-ht-
and thre+hes in diameter
4 The historic and environmental preservation board may require that the applicarovide a written
report from a certified arborist before making any determinations in con'unction with Ns section. The
historic and environmental preservation board may also require monitoring by a certifieNarborist
during construction to assure tree preservation.
(5) In determining the required preservation, relocation, or replacement of trees, the followi factors
shall be considered:
a, Existing tree coverage on the site and in the immediate surrounding area.
b. Number of trees to be removed on the entire site.
City of Main Page 22 of 29 File Id. 09-013444 (Version: 5) Printed On: 5/3/201
SUBSTITUTED
File Number: 09-01344zt
Thetype, size and condition of the tree(s) to be removed.
d. The feasibility of relocating the particular tree or trees.
e. pography and drainage of the site.
f. Th extent to which the trees contribute to the aesthetic, economic and environmental integrity of
the sur riding area.
g. The ure of the existing and intended use of the property.
iFeeaGement is required, F��mu the appFeyal onethat
laRGISGape p.-,, be p.-,-1-- l h_-.1 - 1068nvedandeF F.S. nh 481 Rd/Gr that
rReval permit.
(6) Tree Replacement
Tree replacement shal
Sec. 17.35. Tree protection and surNal.
7.6.1. which i
ce
(a) During construction, all reasonable\reiving
ecessary to prevent the destruction or damaging of
trees shall be taken. Trees destroyed or major damage must be repiaced by trees of equal
environmental value as specified in Sect6 by the department of plaRRIRg, building . r d r i ,
^YeC,�r ��e#+e before occupancy or use
unless approval for their removal has been gran under permit.
(1) Trees that are to remain shall be clearly identifiec%with #acs.
rina construction. protective barriers shall
writing that a smaller or larger protected area is accept
protection method is recommended. at the dFip line are
site to prover,+ the destF Gtir.n er lona jinn et thG trees
(3) Durina demolition and/ or development. including in:
a radius of 10 feet around the trees
tion systems or anv other
destruction or damage to roots, stems or crownssuch trees. The barriers shall
may be removed temporarily to accommodate construction needs, orovidN the manner and ur ose
for such temporary removal will not harm the trees. The trees shall be proArly irrigated thorou hout
the buildina process, Trees damaged durino construction shall be subiect toXe provisions of Section
17.9.
(-2) (4) If at all practical, underground utility lines, curbs and other above grade stru res should be
routed around existing trees to the outside of the drip line of the tree. In the event tha this is not
feasible, a tunnel made by a power -driven soil auger may be placed under the tree for stallation of
utility lines, or a trench passing by the side of the tree may be used for construction of c ing or to
accommodate the installation of utility lines. If a trench is used, care should be taken that few roots
as possible are cut, that the cuts are made cleanly, and that the root ends are painted with a ound
dressing of asphalt base paint and immediately covered with soil.
(345) During construction, unless otherwise authorized by the tree removal permit, no excess s 'I,
additional fill, equipment, liquids, or construction debris shall be placed within the drip line of any t
QIP of Aliand Page 23 of 29 File Irl: 09-01344x/ (Version: 5) Printed On: 513120
SUBSTITUTED
File Number: 09-01344zt
at is required to be preserved in its present locatio unless the addition of excess soil or fill is required
in rder to comply with either the flood criteria requirements contained in chapter 11 C of the Code of
Me politan Dade County, Florida, and/or federal flood regulations in high flood lizard locations.
() (6) nless therwise authorized by the tree removal permit, no soil is to be removed from within the
drip lin f any tree that is to remain at its original location.
(�_ wires or utility service attachments, other than those of a protective naure, shall be
attached to ny tree.
{6�_Subs uent to construction or the satisfactory stabilizing of a tree, all protective devices shall
be removed. T owner of the project on which the tree is located, the applicant for a tree permit or
the individual pe rming physical moving of a tree, shall be fully liable and responsible for removal of
the devices.
(b) All trees transpi ted pursuant to this article shall be maintained alive and healthy 4- at -the site of
the transplant for a per d six months following completion of construction work on the site. Any of
such trees which die with such six months shall be replaced by the applicant. The Code Enforcement
department of PIaRR+RO,shall retain jurisdiction to ensure compliance with this
section.
c) Tree crunino/Trimmin
The pruning or trimming of any tree all be done in accordance with ANSI A-300 Tree Care
Standards and the guidelines illustrate in the landscape manual incorporated by reference he
The practice known as "hatrackin " or " in " is not permitted and shall be considered a violE
this article. The historic and environment reservation board may require that a certified arbe
trimming. Any other tree abuse or activity th can effectively destroy a tree shall also be consid
a violation of this article.
Sec.17.36 Environmental preservation review stands for tree removal and development activity,
The following standards shall be used by the eservation officer or historic and environmental
preservation board in reviewing all site plans, building ns and applications for tree removal within
those areas designated as environmental preservation di ricts. These standards are intended to
provide a frame of reference for the applicant, as well as t rovide a basis for reviewing plans and
proposals. These standards are not to be regarded as inflexi and are not intended to discourage
innovation or creativity. Development should:
(1) Preserve the natural environmental character of all sites, in ar as practical, by minimizing
removal of trees or other significant environmental features.
(2) Preserve or enhance existing topography and natural land feat s wherever possible.
(3) Use only those signs for identification of principal use. Signs sho be of a size, shape and color
which are compatible with the surrounding environment. The size of the ns should bear a direct
relationship to the rate of speed of passersby, not exceeding a maximum e necessary for
recognition.
(4) Provide visual screening of all parking areas, service areas or storage ar s by using
landscaping and building materials which are compatible with the surrounding la scape character.
(5) Maintain the continuity of landscape material and spacing characteristic of th urrounding area
or scenic corridor. If the development occurs along a designated scenic corridor, th rincipal natural
landscape or manmade elements which form the visual boundaries or enclosing spac of the corridor
shall be preserved, insofar as possible.
(6) Consider the impact of public and private improvements upon the ecological needs o the area.
Roadway improvements within scenic corridors and other unique areas should not disrupt distract
from the existing natural environment,
Sec. 17.37 Exceptions and exemptions from article requirements.
City of Miand Page 24 of 29 File ld: 09-01344..=.t Wersion: 5) Printed On.: 513120
SUBSTITUTED
File Number. 09-01344zl
(a) During the period of an emergency, such as hurricane, tropical storm, flood or other act of God,
r in the event that any tree shall be determined to be in a hazardous or dangerous_ condition so as to
e anger the public health, welfare or safety of the community, or when the tree prevents a person
fro the use or en'o ment of the Property; or when removal of the tree will prevent further damage
and vat its ;mmediate removal is required, the applicant shall provide
ho -to hs and anv other supportin materials which will allow w4h-a sound judgment to be made.
Upon su a finding, the requirements of this article may be waived by the city manager.
e�trcc,Tvrse ReSshall be exempt from the term and P9Vici ��.
ADIEU • 00
I perm
herein and the Ficus Be mina/Wee in Fi . Thesespecies must be removed from sites upon site
development,
article incorporates by reference the Citv of Miahi Tree Master Plan listina o
City of Miami.
(cd) Nothing in this article shall be construed to prevent the uning of trees where necessary for
proper landscape maintenance and safety, provided that the i)%n1na and trimming of trees is done in
accordance with ANSI A-300 Tree Care Standards and the uides illustrated in the landscape
manual. e-Gar-r4ed--o4
Sec. 17.38 Removal of trees from public lands.
No tree shall be removed from any public land, public park or pu\1ight-of-way, except in
accordance with article III of this chapter.
Sec. 17.39. Public notice of applications for special certificates of approval.
Public notice is required for all applications for a special certificate of appr I in
environmental preservation districts. The type and manner of notice will be as follo
(1) Posted notice. Property being considered for a permit under this article shall be sted with a
sign at least ten days in advance of the public hearing. The sign shah measure at least ee square
feet in area, shall be of a color and shape distinguishable from the surrounding landscape, nd shall
contain substantially the following language: _
A public hearing involving approval of a permit for tree removal or development on this proper will
be held by the historic and environments{ preservation board of the City of Miami.
Description of activity:
City ofMiarrri Page 25 of 29 File Id: 09-01344:1(Version: 5) Printed On; 5131201
SUBSTITUTED
File Number: 09-01344zt
lace of hearing:
e:
Fo dditional information call 311 a7-&-6-096
The ' n shall be erected in full view of the public on each street side or side nearest a street of the
prope being considered for such permit.
(2) Ma d notice. Notice of the time and place of the public hearing by the historic and
environm al preservation board shall be sent at least ten days in advance of the hearing, by mail, to
the owner o e subject property and the owners of the adjacent property and other departments or
agencies dee d appropriate by the board.
(3) Published ice. The published notice shall contain a description of the activity and the time
and place of the h ring. Publication shall be made in the following:
a. A daily newspap of general circulation in the city;
b. A daily newspape f general circulation in the city, devoted primarily to reporting of financial,
business, industrial and gal information; and
c. A newspaper devoted imarily to reporting information of interest in an area or locality of the city.
Such publications shall be de not less than ten days in advance of the public hearing and shall be
prepared and paid for by the These publications shall be sent to the NET office for distribution to
Sec. 17.40 Appeals,
(a) Appeals to the historic and env\,wuvithin
ental preservation board. Any citizen may appeal any
decision of the department of plann' g and��GRiR9 in and the code enforcement Department
of any term or provision of this articHEPB n #''-�ewatieR beard, by
filing, within ten days after the date in I decision, a written notice of appeal_with the city
manager, with a copy to the city clethe eservation officer, which shall set forth precisely the
decision appealed from and the rear gro ds for the appeal. Each appeal shall be
accompanied by the applicable fee.nforce nt agency shall immediately issue a stop work
order for any work which could be ad by the s 'ect appeal, pending final disposition of the
appeal. The historic and environmereservation and shall hear at a public hearing all facts
material to the appeal and render aion within 45 s of the filing of such appeal. The historic
and environmental preservation boy affirm, modif r reverse the decision appealed from,
provided that the board shall not takeany action which con ' is with or nullifies any of the provisions
of this article.
(b) Appeals to the city commission. Any citizen may appeal a decision of the historic and
environmental preservation board ^r of the i FbaR d vel as it relates to this
article, to the city commission by filing within ten days after the datf the decision, a written notice of
appeal with the city manager, with a copy to the city clerk and the pre rvation officer, which shall set
forth precisely the decision appealed from and the reasons or grounds r the appeal. Each appeal
shall be accompanied by the applicable fee. The enforcement agency sh immediately issue a stop
work order for any work which could be affected by the subject appeal, pe 'ng final disposition of the
appeal. The city commission shall hear and consider all facts material to the peal and render a
decision within 45 days of the filing of such appeal. The city commission may a 'rm, modify or
reverse the board's decision. The decision of the city commission shall constitut 'nal administrative
review, and no petition for rehearing or reconsideration shall be considered.
17.41. Penalties, remedies cumulative
Any person, or agent thereof, violating the provisions of any section of this arti\hall,on
conviction, be subject to the penalties in ^+!^^ 1 13, iRthe diG tieR of the RtyChapter or any other penalties as provided by law. The removal, relocation or destructtree
for which a tree removal permit is required -without a proper permit on the job site shal
separate offense under this article.
Cary of Miami Page 26 of 29 File Id. 09-01344:.r 0,,e, siorr: 5) Printed On: 513/201
SUBSTITUTED
Re Number: 09-01344zt
ec. 17.42. Civil remedies.
addition to any other remedies provided by law and by to this article, the enforcement agency shall
haX the following judicial remedies available for violations of this article or any permit condition
pronXIgated under this article:
(1)T Nenforcement agency may institute a civil action in a court of competent jurisdiction to
establis ability and recover liquidated damages for each violation in an amount of not more than
$5,000.00 er offense. Each tree unlawfully removed under the provisions of this article shall
constitute a parate offense hereunder.
(2) The enfo ment agency may institute a civil action in a court relief to enforce compliance with
this article to en 'n any violation hereof and to seek injunctive relief to prevent irreparable injury to
the trees or pro pe 'es encompassed by the term of this article,
Sec. 17.43 Fees.
(a) Standard certificatf approval: Minimum $25.00 26.00 plus $5.00 for every tree to be
removed, GF relocated or wl lanted.
(b) Special certificate of a roEd,
: $26.00.
(c) All applications for permi the removal of trees shall be accompanied by a fee, as provided
for under section 10-4 as ame"Building Permit Fee Schedule," of the Miami City Code.
(d) All appeals ,rS„ten++^ �o shall be accompanied by a fee of $300,00, except that no
fee shall be charged for such appeal itiated by agencies of the city or by an owner in fact of a
property adjacent to the subject prope or by a nonprofit corporation dedicated to conservation and
protection of the natural and physical env nrnent.
Sec. 17.44 Enforcement.
(a) The department of code enforcement , its pectors and the planning department shall have
concurrent jurisdiction for the proper and effectiv nforcement of this article under Chapter 2, Article
X entitled Code Enforcement.
(b) The enforcement agency shall immediately issu n order to cease and desist any work being
carried out in violation of this article or any permit cond ' ns promulgated under this article. Upon
notice of such violation, no further work shall take place til appropriate remedial action is instituted,
as determined by the enforcement agency.
(c) In cases where tree removal is carried out without the n essary permit under the terms and
conditions of this article, the property owner shall be required t ake application for an after -the -fact
tree removal permit and certificate of approval, if applicable. The propriate reviewing agency may
grant an after -the -fact certificate of approval or tree removal permi my if it finds that the same
application would have rightfully been approved prior to removal of t tree(s), and that each tree
destroyed is to be replaced by trees of equal or greater value. Such re cement trees shall be
located on the subject site wherever practical, or they may be required t e located on public
property. Such replacement shall be assured by a performance bond or cash contribution to a
tree planting fund established by the city. If the conditions for an after -the -fa tree removal permit are
not fulfilled, the case shall be referred to the law department for appropriate a 'on under sections
17-41 and 17-42.
Sec. 17.45 Fine.
of one thousand dollars ($1000.00) Der violation. Der day for th first violation. and shall Ne fined five
as provided by law, and in addition undergo the tree replacement process in the form of reD eme
trees pursuant to Article I of this Chapter. A City resident withproof of current residency and
homestead status shall be fined five hunded dolirs ($500.00) for the first violation. Each tree re v
Cloy of Miami Page 27 of 29 File Id: 09-0134471 (Version: 5) Printed On: 513120
SUBSTITUTED
File Number: 09-01344zt
fine and tree replacement pursuant to Article I in this Chapter.
c. 17,46 Tree replacement required.
In dition to the monetary fine established above the planting of replacement trees shall be
requiNd. The number of trees required as replacement for each tree that was removed without a
per it II be based upon chart 17.10.2.1 tree replacement chart for trees removed without a permit.
If the tots umber of trees required as replacement trees cannot be reasonably planted on the
subject proXrtv, the aDplicant may contribute into the cit 's tree trust fund in an amount based upon
chart 17.10.2. for the balance number of replacement trees that cannot be planted on the subject
Property. Nk
Refer to the Tree Reolace
Sec. 17.48 Withholding of
shall constitute grounds for
the violation has been corrE
required as replacement trE
building permit, the person
255.05 naming the City of IN
the construction cost or ten
The bond will be maintaine(
iNding new building
in ding the paymer
ursuX to this section
>lation Nov Dost a pay
i as obli . The bond
ent of the raised v
lace until the 'olation
le
Sec. 17.49 Withholding of a certificate of occupancy, E
inspection required for a temporary or final certificate of
have been corrected, including the payment of all fines an
replacement tree mitigation, pursuant to this section.
Sec. 17.50 Remedies cumulative, The remedies provided
remedies provided by law and/or eouity. and the election c
Secs. 17-512-17.70. Reserved
is
ectly related to said tree removal until
ies and the planting of all trees
ively, in order to obtain the new
performance bond pursuant to F.S.
in the amount of ten (10) percent of
e property, if no construction exists.
i corrected, pursuant to this section. In
ible, unconditional letter of credit, in
its section shall not apply to complete
dinance.
artment shall not approve the zoning
ncy until all violations of this article
plantina of all trees recuired as
one
clude the other.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this\rdinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and f
the Mayor.{2}
00, of Miami Page 28 of 29 File Id: 09-01344zt (Veixion.: S) Printed On: 5/3/2010
SUBSTITUTED
File !Number: 09-01344zt
APPROVED AS TO FORM AND CORRECTNESS:
JUL O. BRU 1\
CITY XTORNEY
Footnotes:
{1} Words and/or fig s stricken through shall be deleted, Underscored words and/or figures shall
be added, The remainiN provisions are now in effect and remain unchanged, Asterisks indicate
omitted and unchanged r%terial,
{2} This Ordinance shall bec e effective as specified herein unless vetoed by the Mayor within ten
days from the date it was pass and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon overri of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 29 of 29 Fite lei: 09-01344T ( ersiow 5) Printed Die: 513120