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HomeMy WebLinkAboutCC Legislation (Version 6)City of Miami Legislation Ordnance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01242zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on January 19, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-002 by a vote of nine to zero (9-0), item no. 3, recommending APPROVAL of amendments to Chapter 17 of the City Code "which clarify procedures and regulations for the removal of trees throughout the City and in environmental preservation districts; and WHEREAS, these regulations concern architectural, aesthetic, environmental, cultural and historic concerns within the City of Miami, Florida, ("City"); and WHEREAS, the protection of the tree canopy and environmental features within the City is of paramount importance; and WHEREAS, both tree protection and environmental preservation address the stewardship of the City's living features, which includes its topographic, geological and landscape features; 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 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, pruning and trimming of trees. City of Miami Page I of 11 File Id: 10-01242zt (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt The purpose of this article is to assure that the design and construction of all development activity is 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: American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300 Standards") is a tree manual which establishes performance standards for the care and maintenance of trees, shrubs, and other woody plants. 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 city 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. (1) Standard certificate of approval. A written document issued by the preservation officer for tree permits located within an environmental preservation district. (2) 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 subsection 23-5(4), as amended. Code enforcement board: The code enforcement board of the city as appointed pursuant to chapter 2, article X. 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 ability 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 or Canopy: The upper part of a tree, measured from the lowest branch, including all branches and foliage. City of Miami Page 2 of 11 File Id: 10-01242 t (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt Dead tree: A tree which has no vital functions. Department: The department of code enforcement, or that department/office in which the code inspectors as defined in chapter 2, article X are located. 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 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 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 functioning, as manifested by distinguishing signs and symptoms that will cause 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 around a stem or trunk so as to block the downward movement of carbohydrates. Girdling used to kill a tree. Grade: The ground level of a subject property measuring the degree of rise or descent of a sloping surface. Hatracking (topping): The reduction of tree size using inter -nodal cuts without regard to tree health or structural integrity. Hazardous tree: A tree with the potential to fail or fall, in an environment that may contribute to that failure, and such that a person or object could be injured or damaged by that City of Miami Page 3 of 11 File Id: 10-01242zt (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt failure. A tree removal permit shall be issued for a hazardous tree, provided the hazard cannot be abated by other means (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 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 Miami -Dade County Landscape Manual, are considered native plant species within the meaning 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 section 1-2. 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 existing 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. Root pruning: selective trimming of the plant roots to meet specific goals and objectives for proper tree care and growth. Any removal of roots one inch in diameter or greater and/or the removal of more than ten (10) percent of a tree's root system. 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 City of Miami Page 4 of 11 File Id: 10-01242 t (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt 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 state department of agriculture and consumer services. Special master: The person(s) appointed pursuant to chapter 2, article X. 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. 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 18 inches or greater. This excludes the following: (1) 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; (2) Non-native species of the genus Ficus; and (3) 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 inches and a minimum overall height of 12 feet. This definition excludes plants which are defined as shrubs, hedges, vines, or ground covers. Palms shall have a minimum height of 14 feet in order to be classified as a tree. Tree abuse: Tree abuse shall include: (1) Damage inflicted to any part of a tree, including the root system, by machinery, construction equipment, cambium layer penetration, storage of materials, soil compaction, excavation, chemical application/spillage or change to the natural grade; (2) Hatracking; (3) Girdling, spiking or bark removal of the trunk; City of Miami Page 5 of 11 File Id: 10-01242zt (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt (4) Pruning techniques not which remove more than twenty-five (25) percent of the canopy, crown or living foliage of a tree or otherwise are not in accordance with the current ANSI A300 Standards, unless a permit from the City is obtained; (5) Excessive root cutting unless a permit from the City is obtained. Tree pruning: selective trimming of the plant parts to meet specific goals and objectives for proper tree care and growth. Trimming of the canopy, crown or living foliage of a tree. Tree pruning permit: A permit which is required for the pruning of more than twenty-five (25) percent of the canopy, crown or living foliage of a tree within an annual growing season or one year period or for pruning which is otherwise not in accordance with the ANSI A-300 Standards. Furthermore, any removal of roots one inch in diameter or greater and/or the removal of more than ten (10) percent of a tree's root system within an annual growing season or one year period shall also require a tree pruning permit. The department will not issue more than one permit per year per specific tree unless exempted by Section 17.11 such as following an emergency. 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. Tree removal permit: A permit which is required for the removal or relocation of any tree within the city, unless exempted by Section 17.11. Viable: A tree, which in the judgment of the department is capable of sustaining its own life processes, unaided by man for a reasonable period of time. Sec. 17.3. Applicability. * * * Sec. 17.4. Tree removal permit or tree pruning permit applications, requirements, review, and fees. a. Permit, when required. A tree removal permit shall be required for the rcmoval or relocation of except for the pruning of roots whcn c:.,cntial for any repairs or improvcmcnts performed by or , building department unless the zoning department has determined that a trcc rcmoval permit is City of Miami Page 6 of 11 File Id: 10-01242zt (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt not required or that a valid trcc removal permit has boon issucd in accordancc with this article. LD No person, agent or representative thereof, directly or indirectly shall remove or relocate any tree situated on any property described in section 17.3 without first obtaining a tree removal permit and unless exempted by section 17.11. (2) A tree pruning permit shall be required for the pruning of more than twenty-five (25) percent of the canopy, crown or living foliage of a tree within an annual growing season or one year period. Pruning of more than twenty-five (25) percent of the canopy, crown, or living foliage of a tree or other pruning not in accordance with the ANSI A-300 Standards shall be allowed upon presentation of a letter from a certified arborist to the City with justification as to why the ANSI A-300 Standards are not applicable. (3) Pruning of the canopy, crown or living foliage of a tree, in strict accordance with ANSI A-300 Standards shall be allowed without a permit. A certified arborist letter or other documentation may be required. L4j Any removal of roots one inch in diameter or greater and/or the removal of more than ten (10) percent of a tree's root system shall require a tree pruning permit. No root pruning shall be allowed beyond the aforementioned limits anywhere in the City without a tree pruning permit 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. fj 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 a tree removal permit or tree pruning permit is not required or that a valid tree removal permit or tree pruning permit has been issued in accordance with this article. b. 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: 1. Applications for tree removal in conjunction with new construction, including additions, pools, and decks, shall include the following: a. A 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. b. 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 City of Miami Page 7 of 11 File Id: 10-01242 t (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt using the Council of Tree and Landscape Appraisers Guide for Plant 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, or by persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans or drawings. 2. Applications for tree removal in conjunction with single family or two family dwellings (homestead properties) or any other related activity requiring a building permit, demolition permit, or for any other tree removal, shall include the following: a. A site plan drawn to scale, or existing property survey prepared by the owner or the owner's representative, 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. b. Applications for a building permit, demolition permit, or tree removal shall include a tree disposition plan drawn to scale, prepared by the owner or the owner's representative, 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. 3. 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 or by persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans or drawings. Tree replacement plan / landscape plan submitted for a one family or two family dwellings (homestead property) may be in the form of a site plan drawn to scale prepared by the owner or the owner's representative. 4. 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. 5. Tree removal and tree replacement for homestead residents (homestead Tots) are to comply with the following alternate requirements: a. 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. b. 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. City of Miami Page 8 of 11 File Id: 10-01242zt (Version.: 6) Printed On: 3/11/2011 File Number: 10-01242zt c. 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. d. 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 may be removed without the need for tree replacement. e. Homestead residents may obtain a tree removal permit for their property on an expedited basis. c. 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 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. d. Notice. Within 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. e. Issuance of permit. If no appeal, in accordance with section 17-8, is timely filed within ten calendar days of the issuance of the intended decision, the tree pruning permit or 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. f. Fees. Fees shall be as established pursuant to section 10-4, as amended, "Building permit fee schedule." 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. g. Final inspection. No later than six 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. 17.7. Tree protection. * * * City of Miami Page 9 of 11 File Id: 10-01242zt (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt "Hatracking" or "topping" is not permittcd and shall be considered a violation of this ARTICLE II. ENVIRONMENTAL PRESERVATION DISTRICTS Sec 17.3.7. 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 enjoyment of the property; or when removal of the tree will prevent further damage and its removal is required, the applicant shall provide photographs and any other supporting materials which will allow a sound judgment to be made. Upon such a finding, the requirements of this article may be waived by the city manager. (b) Prohibited trees shall be exempt fro 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 Benjamina/Weeping Fig. These species must be removed from sites upon site development. This article incorporates by reference the city tree master plan Miami -Dade Couny Landscaping Manual listing of prohibited species, and in addition the Ficus Benjamina/Weeping Fig shall be considered a prohibited species within th city. (c) 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. * * *„ 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} City of Miami Page 10 of 11 File Id: 10-01242 t (Version: 6) Printed On: 3/11/2011 File Number: 10-01242zt 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. City of Miami Page 11 of 11 File Id: 10-01242zt (Version: 6) Printed On: 3/11/2011