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Ordinance
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Drive
Miami, FL 33133
www.ci.miami.fLus
File Number: 04-00674a
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, "
ZONING AND PLANNING" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CREATING ARTICLE XII ENTITLED, "TREE TRUST FUND;"
ADDING AN INTENT STATEMENT AND PROVIDING FOR ADMINISTRATION
AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS
SPECIFIED IN SECTION 8.1.6.6 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, this ordinance is for the purpose of acquiring, protecting, and restoring the tree
canopy cover in the City of Miami for aesthetic and environmental reasons; and
WHEREAS, in order to facilitate the compliance of tree mitigation requirements, when the total
number of replacement trees cannot be reasonably planted on a subject property (on -site) or on
alternative off -site locations; and
WHEREAS, it was determined by the Department of Planning and Zoning that there existed a
need to establish a trust fund to provide the full monetary equivalent to the City of Miami for the
planting of replacement trees not feasible for replacement on -site or on alternative off -site locations;
and
WHEREAS, the City Commission wishes to implement the City of Miami Tree Trust Fund, as the
mechanism that receives equitable contributions for the irreplaceable loss of the aesthetic and
environmental values of existing trees; and to facilitate the procurement of replacement trees to
restore the loss of tree canopy cover in the City of Miami.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 62 Article XII of the Code of the City of Miami, Florida, as created, entitled "The
City of Miami Tree Trust Fund," is established in the following particulars:
"Chapter 62 Zoning and Planning"
*
ARTICLE XII
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TREE TRUST FUND
Sec. 62-1. Intent.
It is intended that the "Tree Trust Fund" be established in order to facilitate the compliance of tree
mitigation requirements according to Article 8.1 Tree Protection, of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida Jthe "Zoning Ordinance"), to facilitate the receipt of
equitable contributions for replacement trees and to restore the loss of tree canopy cover in the City of
Miami. Expenditures from this trust fund shall require authorization by the City Manager, or his
designee, upon written recommendations from the directors of the departments of Planning and
Zoning andior Public Works.
Sec. 62-2. Trust fund payments.
Payments into the trust funds shall include, but shall not be limited to, monies collected pursuant to
Section 8.1.6.6 of Article 8.1 of the Zoning Ordinance.
Sec. 62-3. Established.
(a) There is hereby established a trust fund to be entitled the "Tree Trust Fund", (the "Trust Fund") to
be maintained and administered by the City, into which funds shall be deposited and from which funds
shall be withdrawn pursuant to this article to pay the procurement of replacement trees to restore the
loss of tree canopy cover in the City of Miami, through means which may include, but are not limited to
the following activities by the City or its authorized agents:
(1) Not less than 80 percent of the Trust Fund shall be expended on tree replacement and restoration
during each fiscal year. However, if the City Manager, or his designee, determines that there are
insufficient reserves in the Trust Fund to implement a viable tree replacement program, funds may be
carried over to the next fiscal year.
21 Not more than 10 percent of the Trust Fund shall be expended on activities directly related to tree
replacement and restoration during each fiscal year, including, but not limited to, survey work, site
inventory and analysis, landscape architectural design services, inspection services for new plantings,
and other related project expenses and incidentals.
(3) Not more than 10 percent of the Trust Fund shall be expended during each fiscal year to provide
training for Code Inspectors and for administrative costs directly related to the notice requirements of
Section 8.1.8.3 of the ZoningOrdinance. Said training shall be directly related to the implementation
of Article 8.1 of the Zoning Ordinance, including, but not limited to, training to properly identify the
different tree and palm species and to properly grade the quality standards for new trees and palms,
including the knowledge of proper planting, pruning, and landscape maintenance techniques.
(b) Allowable expenditures undertaken pursuant to this chapter may be made by the City Manager, or
his designee, except that any Trust Fund expenditures in excess of fifty thousand ($50,000.00) dollars
will require approval by the City Commission.
It is the intent of this article that prior to the expenditure of funds for the above listed items by the
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City Manager, that due consideration is given to written recommendations from the directors of the
departments of Planning and Zoning and/or Public Works.
Sec. 62-4. Funds made available; financial report.
01 Funds deposited in the Trust Fund shall be made available to the City Manager for implementation
purposes; all disbursals of Trust Fund monies shall be made by the City Manager, or his designee, in
accordance with this chapter and Article 8.1 of the Zoning Ordinance, and after due consideration is
given to the written recommendations of the directors of the Departments of Planning and Zoning and/
or Public Works.
A financial report on Trust Fund receipts and expenditures shall be prepared annually at the close
of the fiscal year by the City Manager or his designee and presented to the City Commission.
Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) clays after final reading and adoption
thereof. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ XX
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.
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