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HomeMy WebLinkAboutSR Legislation (Version 5)City of is Legislation Ordinance: 12903 City Has. 3500 Pan American Drive Miarni, FL 33133 www.miamigov.com .File Number: 07-00115 final ActioDate:3/22I2007 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE NO. 8.1 ENTITLED, "TREE PROTECTION" OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; CONTAINING ADDED DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE REPLACEMENT AND PROTECTION, APPEAL CRITERIA AND FINES, CONTINUED ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 19, 2006, Item No. 10, following an advertised public hearing, adopted Resolution No. PAB 06-073 by a vote of nine to zero (9-0), recommending APPROVAL of an amendment to Ordinance No. 11000, as amended; and WHEREAS, it is the intent of the City of Miami to promote, protect, and improve the tree canopy of the City of Miami; and WHEREAS, provisions of Article 8.1 entitled 'Tree Protection" are herein amended to enhance penalties consistent with the recommendation of the Planning Advisory Board; 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. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance in the following particulars:{1 } "ARTICLE 8.1. TREE PROTECTION Sec. 8.1.2. Definitions. replace existing trees that are authorized to be removed under this article. * City, of l lia»ti Page 1 of 10 Printed On: 4/23/2007 Fife Number 07-05115 A na im ;tt Number.. 12903 3 Owner: Any person, entity, corporation. partnership, trust. holding company. limited liability company or an other le all reco nized entit that is the 1e al, beneficial or e uitabie owner of an interest whatsoever in the property. Owner shall include any purchaser, assignee, successor, or transferee of an interest whatsoever in the ro ert re ardin an enact irs, osed ursuant to Section 8.1.10 below. Person: As per the definition set forth in Section 1-2 of the Miami City Code. Prohibited tree species: Those tree species that are detrimental to native plants, native wildlife, ecosystems, human health and/or safety and welfare. This article incorporates by reference the City of Miami Tree Master Plan listing of prohibited species, and in addition the Ficus Benjamina/Vl'eepi_nc1__F shall be considered a " prohibited species within the City of Miami. * * Replacement or replacement trees: Those trees that are planted in order to restore tree canopy within the City and to replace existing trees that are authorized to be removed under this article. * Spiking: The insertion, whether vertically or horizontally. of foreign objects into the base of the tree or its root system. This practice is sometimes employed to kill a tree. * Tree: Any self-supporting woody perennial plant, usually having a single main axis or trunk that has a diameter at breast height (DBH) of two (2) or more inches with a minimum height of twelve (12) feet above grade. Tree abuse: Tree abuse shall include: * * Tree removal permit: The permit required to prune roots, or remove, and/or relocate existing tree(s) on or from a subject property c. Girdling, spiking, or bark removal of the trunk; Sec. 8.1.3. Applicability. The provisions of this article shall apply to all public or private property within the city, unless expressly exempted by law. Any tree removal on a public or private right-of-way or on property owned by the city shall also be subject to the requirements of article HI of chapter 17 of the Miami City Code, which requires a City of Miami Page 2 of 10 Printed On: 4/23/2007 File iigumber: 07-00115 permit from public works. ctr:eri -urrr`;et' .!2 All trees located within environmental preservation districts shall also be subject to the requirements of chapter 17 of the Miami City Code. All trees located within natural forest communities shall also be subject to the requirements of article III 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 II of chapter 24 of the Miami -Dade County Code, as amended. Sec. 8.1,4. Tree removal permit applications, requirements and review, fees. 8.1.4.1. Permit, when required. A tree removal permit shall be required for the removal or relocation of any tree within the city, unless exempted by section 8.1.11. A tree removal permit shall also be required for the pruning or trimming of more than twenty-five (25) percent of the canopy of a tree. No person, agent or representative thereof, directly or indirectly, shall cut down, remove, relocate or effectively remove through tree abuse any tree situated on any property described in section 8.1.3, without first obtaining a tree removal permit as hereinafter provided. A tree removal permit will be required for the pruning of any tree roots. No root pruning will be allowed without a tree removal permit, except that no permit shall be required for the pruning of roots when such pruning is essential to any repairs or improvements performed by the departments of public works or capital improvements, or their contractors . No building permit for any work that has the 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 department unless the zoning department has determined that no tree removal permit is required or that a valid tree removal permit has been issued in accordance with this article. 8.1.4.2. 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 following documentation and any applicable fees shall accompany applications. a. For applications for tree removal in conjunction with new construction, including additions, pools, and decks, a tree survey drawn to scale identifying the species and listing the height, spread and diameter of all existing trees shall be provided. Said survey shall be prepared by a professional land surveyor, licensed in the State of Florida. b. For applications for tree removal in conjunction with any other activity requiring a building permit, demolition permit, or for any other tree removal, 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 shall be provided. Said site plan may be limited to the immediate area of the proposed work. and -photo -graphs of the existing trccc within said aroo may be acceptable in lieu of trgc City of Miami Page 3 of 10 Printed On: 4/23/2007 Fite ^Dumber. 07-00115 trczc:"mei \,.tnt.>e'r', .2903 c. For building permit or tree removal applications described in (a) above, 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. This plan shall also illustrate the location of all existing structures and/or all proposed new construction, as applicable, the location of any overhead and/or underground utilities and the new locations of existing trees to be relocated on site. 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 to practice in the State of Florida. d. For building permit. demolition permit, or tree removal applications described in (b) above, 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. as applicable, the location of any overhead and/or underground utilities and the new locations of existing trees to be relocated on site. ems-: A tree replacement mitigation plan prepared in accordance with section 8.1.6. * * Sec. 8.1.5. Criteria and conditions for tree removal and relocation. 8.1.5.1. Criteria for tree removal. No permit shall be issued for tree removal from the site 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 unreasonably restricts the permitted use of the property. Trees located in the property frontage (within the 15-foot setback), shall not be considered to be located within the buildable area or yard. Ingress and egress to garages are not considered the buildable area or yard. 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 the private property and/or by the Director of Public Works when it relates to the public right of way. * 8.1.5.2. Conditions for tree removal, relocation and replacement. Any or all of the following conditions may be required: * 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 mitigation requirements in section 8.1.6. * * * City of Miami Page 4 of 10 Printed On: 4/23/2007 1 ,ft(1 r37.E'r t l rsr,, ber. , 2903 Sec. 8.1.6. Tree replacement mit+gation. 8.1.6.1. Tree replacement mitigation chart, Chart 8.1.6,1, tree replacement mitigation chart, below, shall be used to determine the total number and size of trees that shall be planted as replacement trees m-itig-atien for all trees permitted to be removed. The Replacement trees are -M gat based on the diameter in inches (DBH) of the trees to be removed. To determine the required replacement trees mitigation, 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. Chart 8.1.6.1. Tree Replacement Mitigation Chart 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 mitigation. 8.1.6.2. Tree species. Tree(s) installed as replacement trees motion shall be tree(s) of native or non-native species and shall be planted at grade or ground level according to ISA best management practices. Palms may only be installed to replace palms. When more than ten (10) trees are installed as replacement trees mitigation, a diversity of species shall be required as per Chart 8.1.6.2, Tree Species Diversity Chart, below: 8.1.6.3. Prohibited species. Replacement trees Mitigation shall not be required for the removal of any prohibited species except Ficus altissima (Lofty Fig) and Ficus benghalensis (Banyan Tree), and no fees shall be charged. 8.1,6.4. Tree quality. Trees installed as replacement trees mitigation 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 1 and 11," prepared by the Florida Department of Agriculture and Consumer Services. Trees shall be planted according to sound nursery practices as illustrated in the landscape manual. 8.1.6.5. Off -site replacement mitigation. If the total number of trees required as replacement trees mitigation 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 number of replacement trees on public property within the city commission district of the subject property. 8.1.6.6. Tree trust fund. If the total number of trees required as replacement trees mitigation cannot be reasonably planted on the subject property, but as an alternative to the off -site replacement mitigation provided in section 8.1.6.5, the applicant may shall contribute into the city's tree trust fund the sum of one thousand dollars ($1000.00) for each two (2) inch DBH tree required as replacement trees mitigation in accordance with Section 8.1.6.1. A City resident with current proof of residency and homestead status shall contribute five hundred dollars ($500.00) for City of Miami Page 5 of 10 Printed On: 4/23/2007 File Number: 07-00115 Enact frwnt Nu nber. 1 203 each of the two (2) inch DBH tree required as replacement trees in accordance with Section 8.1.6.1.. one time during a calendar year on his or her homestead property. Sec. 8.1.6.7. The re lacement treeprocess shall be corn feted rior to the issuance of a certificate of occupancy or temporary certificate of occupancy * Sec. 8.1.8. Appeals, appellate fees. 8,1.8.1. Appeals to the historic and environmental preservation board. The property owner, the applicant, or any aggrieved party having standing under Florida law, may appeal to the historic and environmental preservation board any 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. or to their contractors, by filing within ten (10) calendar days after the date of the intended decision a written notice of appeal to the preservation officer, as established in accordance with section 62-191 of the Miami City Code. The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. The historic and environmental preservation board shall hear and consider all facts material to the appeal. The historic and environmental preservation board may affirm, modify or reverse the decision of the department. All appeals to the historic and environmental preservation board in accordance with section 8.1.8.1 shall be accompanied by a fee of one hundred and fifty ($150.00) dollars, plus three dollars and fifty cents ($3.50) per mailed notice, provided, however, that no fees shall be charged for such appeals initiated by an owner of a property which abuts the property for which a tree removal permit is sought, including those across a street or alley, or by a nonprofit corporation dedicated to conservation and protection of the natural and physical environment, or by a homeowners association, as that term is defined by Chapter 720, Florida Statutes, as amended, which has one (1) member who owns property within five hundred (500) feet of the property for which the tree removal permit is sought. 8.1.8.2. 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 within fifteen (15) calendar days after the date of the decision a written notice of appeal with the department of hearing boards. 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 within fifteen (15) calendar days after the date of issuance of the permit a written notice of appeal with the department of hearing boards. All appeals to the city commission in accordance with section 8.1.8.2 this section shall be accompanied by a fee of five hundred ($500.00) dollars, plus three dollars and fifty cents ($3.50) per mailed notice, provided, however, that no fees shall be charged for such appeals initiated by an owner of a property which abuts the property for which a tree removal permit is sought, including those across a street or alley, or by a nonprofit corporation dedicated to conservation and protection of the natural and physical environment, or 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 property for which the tree removal permit is sought. The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. The city commission shall hear and consider all facts material to the appeal and may affirm, modify or reverse the historic and environmental preservation board's decision, or may grant City of Miami Page 6 of 1€1 Printed On: 4/23/2007 Fite Nuf. tier. 07-00115 1 ivri er, r 29(.) I or deny the appeal of the tree removal permit issued to the departments of public works and capital improvements. 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 8.1.8.4. No tree removal permitted during an appeal. Upon timely submission of an appeal made pursuant to the requirements of this section, no removal of any trees which could be affected by the subject appeal shall occur, 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 Tree Trust Fund for each separate violation of this section. Sec. 8.1.9. Enforcement. 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. * Sec. 8.1.10. Penalties, remedies cumulative. 8.1.10.1. Fine. Any person, or agent thereof, who removes a tree without a tree removal permit, shall be fined a fine of one thousand dollars ($500.00) ($1000.00) per violation, per day for the first violation, and shall be fined five thousand dollars ($5000.00) per tree for every repeat violation of this ordinance, or a greater penalty as provided by law, 0-us-mitigation and in addition undergo the tree replacement process in the form of replacement trees pursuant to §8.1.6. A City resident with proof of current residency and homestead status shall be fined five hundred dollars ($500.00) for the first violation. Each tree removed without a tree removal permit shall constitute a separate and distinct violation, subject to a separate fine and tree replacement mitigation -pursuant to §8.1.6 8.1.10.2. Tree replacement mitigation required. In addition to the monetary fine established above, the planting of replacement trees shall be required. The number of trees required as replacement mitigation for each tree that was removed without a permit shall be based upon chart 8.1.10.2., tree replacement motion chart for trees removed without a permit, below. If the total number of trees required as replacement trees mitigation 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 8.1.10.2. Chart 8.1.10.2. Tree Replacement Mitigation Chart for Trees Removed Without a Permit Diameter (DBH) of each tree removed without a permit 2"-3" 4"6„ Number of replacement trees required (2" DBH minimum each; 12' minimum height) 2 4 OR Number of replacement trees required (4" DBH minimum each; 16' minimum height) OR Contribution into Tree Trust Fund or 1 or $1,000.00 or 2 or $2.000.00 City of Miami Page 7 of .10 Printed On: 4/23/2007 Fr/e Number: 0'-0011 a l rtrxcfar,t t a n3Z er 12903 7"-12' 8 or 4 13"-18" 12 or 6 19"-24" 16 or 8 25"-30" 20 or 10 3 1 "-36" 24 or 12 37"-42" 28 or 14 43"-48" 32 or 16 49" or 40 or 20 great = -60" or $4,000 00 or $6,000.00 or $8,000.00 or $10,000.00 or $12,000.00 or $14.000 00 or S16,000.00 or S20,000.00 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 8.1.10.3. Irreparable or irreversible violations. In the event the code enforcement board and/or special master finds the removal of any tree without the required permit to be irreparable or irreversible in nature, it may impose a fine not to exceed five fifteen thousand dollars ($15.000) per violation, or a greater penalty as provided by law, plus mitigation in the form of replacement trees. In determining the amount of the fine, the code enforcement board and/or special master shall consider, in accordance with F.S. § 162.09, as amended, the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. 8.1.10.4. 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 mitigation, pursuant to this section. Alternatively, in order to obtain the new building permit, the person in violation may post a payment and performance bond pursuant to 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. 8.1.10.5 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 trees required as replacement tree mitigation, pursuant to this section. 8.1.10.6 Remedies cumulative. The remedies provided in this section shall be cumulative to ail remedies provided by law and/or equity, and the election of one shall not preclude the other. City of ,'Miami Page 8 of 10 Printed On: 4/23/2007 Sec. 8.1.11, Exemptions. The following are exempt from the provisions of this article: a. Any tree growing in a botanical garden or a licensed plant or tree nursery business. b. When the city manager determines in writing that tree removal permitting requirements will hamper private or public work to restore order to the city after a declared state of emergency by the city commission. c. The removal of any tree during or following an emergency such as or an act of nature er which: creates a life safety issue; 21 prevents a person from the use or enjoyment of the property: 3) prevents further damage; so long as photographic proof and/or a certified arborist report is presented to the city, depicting the specific life -safety issue, or the inability to enjoy and use the property. 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 no more than twenty-five (25) percent of the crown or foliage is removed. 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 thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. F. j NDEZ CITY ATTORNEY Footnotes : City of Miami Page 9 of 10 Primed On: 4123/2007 Fife Number: 97-00115 Enacfretent Numbr: 12903 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 shal! 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. City of Miami Page 10 of 10 Printed On: 4/23/2007