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HomeMy WebLinkAboutPZAB LegislationCity of Miami Legislation PZAB Resolution 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. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation". WHEREAS, the protection of the tree canopy and environmental features within the City of Miami ("City") is of paramount importance, as they add much to creating the City's physical character; 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; and WHEREAS, the proposed amendments to Chapter 17 of the City Code in this Ordinance establish procedures for the removal of trees throughout the City and in environmental preservation districts; 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} "CHAPTER 17 ENVIRONMENTAL PRESERVATION ARTICLE I. TREE PROTECTION IN GENERAL City of Miami Page 1 of 7 File Id: 10-01242zt (Version: 1) Printed On: 11/9/2010 File Number: 10-01242zt 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. 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: ANSI A-300 Tree Care Standards Manual ("ANSI A-300 Standards") is a tree manual which presents performance standards for the care and maintenance of trees, shrubs, and other woody plants. ANSI A-300 standards are intended as guides for federal, state, municipal and private authorities including property owners, property managers, and utilities in the drafting of their maintenance specifications. ANSI A-300 standards shall apply to any person or entity engaged in the business, trade, or performance of tree, shrub, and woody plant maintenance. 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. 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. Dead Tree: A tree which has no vital functions. * * * Tree abuse: Tree abuse shall include: a. Damage inflicted to any part of the 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: b. Hatracking: c. Girdling, spiking or bark removal of the trunk; d. Pruning techniques which remove more than twenty-five (25) percent of the canopy or crown of a tree or pruning or trimming unless in accordance with the current ANSI A-300 Standards. Ciry of Miami Page 2 of 7 File Id: 10-01242zt (Version: 1) Printed On: 11/9/2010 File Number: 10-01242zt e. Excessive root cutting. Tree pruning permit: A permit which is required for the pruning or trimming of more than twenty-five (25) percent of the canopy or crown of a tree. Tree trimming or pruning of a tree canopy or crown in strict accordance with ANSI A-300 Standards will not require a tree permit. 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 shall also require a tree pruning permit. Trees shall not be pruned or trimmed more than once per year and 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 shall be 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. 17.4. Tree removal permit or tree pruning permit applications, requirements, review, and fees. 17.4.1. Permit, when required. Atree removal permit shall be required for the removal or relocation of any tree within the city, unless exempted by section 17.11. 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. A tree removal permit shall also be required for crown pruning not in accordance with ANSI A 300 Tree Caro Standards, incorporatcd herein b roferancc, or for any root pruning A tree pruning permit shall also be required for the pruning or trimming of more than twenty-five (25) percent of the canopy or crown of a tree. Tree pruning or trimming of a tree canopy or crown in strict accordance with ANSI A-300 Standards, incorporated herein by reference, shall be allowed without a permit. Tree pruning or trimming of more than twenty-five (25) percent of the canopy of a tree shall be allowed, upon presentation of a letter from a certified arborist with justification as to why the ANSI A-300 Standards are not applicable is provided to the City. However, ANSI A-300 Standards shall be used only as a tree trimming guide and criteria, and not as a mandatory regulation. No root pruning shall be allowed beyond the aforementioned limits anywhere in the City without a tree pruning permit. 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 17.3, without first obtaining a tree removal permit as hereinafter provided. A tree pruning 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 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 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 City of Miami Page 3 of 7 File Id:10-01242zt (Version: I) Printed On: 11/9/2010 File Number: 10-01242zt 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. Applications for tree removal in conjunction with new construction, including additions, pools, 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 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. b. Applications for tree removal in conjunction with single family or two family dwellings (homestead properties) or 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, 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. 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 City of Miami Page 4 of 7 File Id: I0-0I242zt (Version: 1) Printed On: 11/9/2010 File Number: 10-01242zt 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 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. 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. Sec. 17.7. Tree Protection During 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 throughout the building process. Trees damaged during construction shall be subject to the provisions of section 17.9. 17.7.2. Tree pruning/trimming. The pruning or trimming of any tree may be done without a permit if it is in accordance with the standards criteria set forth in the ANSI A-300 Trcc Caro Standards and/or the guidelines illustrated in the Ltandscape Mmanual, both incorporated herein by reference. If proposed pruning is not in accordance with ANSI A-300 Standards, a permit may be issued for such pruning provided a letter from a certified arborist with justification as to why the ANSI A-300 Standards are not applicable is provided to the City. "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 17.35. Tree Protection and Survival * * * * (b) All trees transplanted pursuant to this article shall be maintained alive and healthy 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 shall retain jurisdiction to ensure compliance with this section. (c) Tree pruning/Trimming. City of Miami Page 5 of 7 File Id: 10-01242zt (Version: I) Printed On: 11/9/2010 File Number: 10-01242zt 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 preservation 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. 17.37 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 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 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 benjamina/Weeping Fig. These species must be removed from sites upon site development. This article incorporates by reference the Miami -Dade County Landscape Manual listing of prohibited species, and in addition, the Ficus benjamina / Weeping Fig shall be considered a prohibited species within the City of Miami. (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 Caro 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} Footnotes: City of Miami Page 6 of 7 File Id: 10-01242zt (Version: 1) Printed On: 11/9/2010 File Number: 10-01242zt {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 7 of 7 File Id: 10-01242zt (Version: 1) Printed On: 11/9/2010