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File Number: 06-01045zt Final Action Date:
AN ORDINANCE OF THE 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
CRITERIAAND FINES, CONTINUED ENFORCEMENT, PENALTIES AND
REMEDIES; CONTAINING A REPEALER PROVISION, 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.
WHEREAS, it is the intent of the City of Miami to promote, protect, and improve the tree
canopy of 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. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by amending the text of said Ordinance by adding a new Article as follows:
"ARTICLE 8.1. TREE PROTECTION"
ARTICLE 8.1. TREE PROTECTION
Sec. 8.1.2. Definitions.
Affordable housing: Shall mean for purposes of this Article housing that is affordable to households
earning at or below 80% of the Area Medium Income, with adjustments for family size, and which
have a sales price that does not exceed the City's Affordable Housing Cap, as set by the City
Commission, as the same may be amended from time to time .
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Mitiga-tionTose 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.
Owner: The person, entity, corporation, partnership, trust or limited liability company that is the legal
or equitable owner of the property.
Palm: Any of a family (Palmae, the palm family) of mostly tropical or subtropical monocotyledonous
trees with usually a simple stem and terminal crown of large pinnate or fan shaped leaves
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
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.
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; this definition shall not include trees in the "palm" family.
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Tree abuse: Tree abuse shall include:
c. Girdling, spiking, or bark removal of the trunk;
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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 al -se
be subject to the requirements of article III of chapter 17 of the Miami City Code, which requires a
permit from public works.
All trees located within environmental preservation districts shall al -se be subject to the
requirements of chapter 17 of the Miami City Code.
All trees located within natural forest communities shall al -se 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 al -se 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 of the roots of a tree. No root pruning whatsoever will be allowed
without a tree permit. 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.
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b. For applications for tree removal in conjunction with any other activity requiring a building 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
photographs of the existing trees within said area may be acceptable in lieu of tree identification and
survey regarding species, height, spread and diameter.
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 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. 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.
e,el, 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.
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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.
Sec. 8.1.6. Tree replacement mitigation.
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 mitigation for all trees permitted to be removed. The Replacement trees are Mitigation is 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 mit ion.
8.1.6.2. Tree species. Tree(s) installed as replacement trees mitigation shall be tree(s) of native or
non-native species and shall be planted at grade or ground level. In addition to tree(s) of native or
non-native species, palms having a single main axis or trunk with a minimum of eight feet (8') of clear
or grey wood and ten inches (10") DBH, may be installed as replacement trees; in this event, each
such tree may only count as one replacement tree. Note: Syagrus romanzoffiana/Queen Palms are
not accepted as replacement trees.
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.
8.1.6.3.1. Slender Trunk Palms. Replacement trees shall not be required for the removal of any
non-native, single slender trunk palm species such as Alexander, Christmas, and Solitaire Palms, and
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no fees shall be charged. Refer to the Landscape Manual for the list of native and non-native palm
species required to be listed in the Tree Disposition Plan, according to 8.1.4.2. Application
Requirements.
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 I 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 contribute into the city's tree trust fund the
sum of one thousand dollars ($1000.00) five hundred dollars ($500.00) 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 may pay a fee of five hundred dollars ($500.00) for
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 replacement tree process shall be completed prior to the issuance of a certificate of
occupancy or temporary certificate of occupancy
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Sec. 8.1.8. Appeals, appellate fees.
*
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. 8.1.10. 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 five hundred dollars ($500.00) per violation, or a greater penalty as provided by law,
and in addition plus undergo the tree replacement process mitigation in the form of replacement
trees. Each tree removed without a tree removal permit shall constitute a separate and distinct
violation, subject to a separate fine and tree replacement mitigation.
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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 mitigation 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 Number of OR Number of OR Contribution
(DBH) of replacement trees replacement trees into Tree
each tree required (2" DBH required (4" DBH Trust Fund
removed minimum each; 12' minimum each; 16'
without a minimum height) minimum height)
permit
2"-3" 2 or 1 or $1,000.00
4"-6" 4 or 2 or $2,000.00
7"-12" 8 or 4 or $4,000.00
13"-18" 12 or 6 or $6,000.00
19"-24" 16 or 8 or $8,000.00
25"-30" 20 or 10 or $10,000.00
31"-36" 24 or 12 or $12,000.00
37"-42" 28 or 14 or $14,000.00
43"-48" 32 or 16 or $16,000.00
49" or 40 or 20 or $20,000.00
greater —
-60"
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 thousand dollars ($5,000.00) 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
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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 rnitigation, 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 sl
replacement tree mitigation, pursuant to this section.
8.1.10.6 Remedies cumulative. The remedies provided in this section shall be cumulative to all
remedies provided by law and/or equity, and the election of one shall not preclude the other.
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 an act of nature or a life safety
issue, upon notice and consultation with the Department of Code Enforcement for private property or
Department of Public Works for public 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.
e. The removal of any tree on city property or public right of way, for municipal purposes, with
good cause, and in accordance with the City of Miami City Code.
f. Upon the Director of Public Works' prior written determination, the removal of dead,
diseased, or damaged trees on public lands or public right-of-way, provided that such death,
disease, or damage resulted from natural causes and not from any action or conduct of any
person interested in its removal.
Sec 8.1.12. Modifications to tree replacement requirements.
The following modifications to provision of replacement trees as specified in Section 8.1.6. (and the
chart specified in Sec. 8.1.6.1.) above shall be permissible pursuant to qualifying for funding of
affordable housing projects as follows:
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1. Affordable housing; any development of affordable housing, as defined within this zoning
ordinance, and as qualified and funded by the City of Miami Department of Community
Development, shall be eligible to request a modification in the quantity of replacement trees
required pursuant to the chart contained in Section 8.1.6.1. above; such modifications shall
include a minimum of 1 tree replacement for every four (4) inches of diameter of tree(s) to be
removed at DBH. This modification shall be requested to the Department of Code
Enforcement after confirmation by Community Development. All remaining requirements, as
specified in this Section shall be met in order to qualify for this reduction.
*
*11
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby 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) days after final reading and adoption
thereof. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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.
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