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Legislation
Ordinance
City HaUUT
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
File Number: 07-00100 Final Action Date:
AN ORDINANCE OF THE CITY COMMISSION AMENDING CHAPTER 62,
ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ZONING AND PLANNING/TREE TRUST FUND, " BY PROVIDING
FOR DEPOSITS OF FINES COLLECTED FOR ILLEGAL TREE REMOVAL, FOR
THE USE OF THE TRUST FUNDS TO RELOCATE TREES TO PUBLIC LANDS
WITHIN THE CITY OF MIAMI ("CITY"), AND FOR PERIODIC DISTRIBUTION OF
SAPLINGS TO THE PUBLIC TO ENHANCE TREE CANOPY COVERAGE IN THE
CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 62, Article X, of the Code of the City of Miami, Florida, as amended, entitled
"Zoning and Planning/Tree Trust Fund," is amended in the following particulars:{1}
"Chapter 62
ZONING AND PLANNING
ARTICLE X. TREE TRUST FUND*
Sec. 62-301. Intent.
It is intended that the "Tree Trust Fund" be established in order to facilitate the compliance of
tree mitigation replacement requirements according to Article 8.1 Tree Protection, of Ordinance
11000, as amended, the Zoning Ordinance of the city (the "Zoning Ordinance"), to facilitate the receipt
of equitable contributions for replacement trees, to enhance the tree canopy coverage throughout the
City and to restore the loss of tree canopy cover in the city. 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 and/or public works.
Sec. 62-302. 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 tho Zoning Ordinanco and fines collected pursuant to Sec.
8.1.10.1. of Article 8.1 of the Zoning Ordinance.
Sec. 62-303. 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
City of Miami Page 1 of 2 Printed On: 1/25/2007
File Number. 07-00100
shall be withdrawn pursuant to this article to pay the procurement of replacement trees to restore the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 and to enhance tree canopy coverage 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
and enhancement of tree canopy coverage throughout the City during each fiscal year. These funds
may be used to relocate trees to public lands in the City and for periodic distribution of saplings to the
public to enhance tree canopy coverage in the City. 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.
(2) Not more than ten percent of the trust fund shall be expended on activities directly related to tree
replacement and restoration and enhancement of tree canopy coverage throughout the City 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.
* * *, * *I1
Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. 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 4. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS.t
JOR L. FER \IANDEZ
CITY M TORN Y
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.
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