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Ordinance
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Miami, FL 33133
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File Number: 06-01045zt Final Action Date:
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA; AMENDING ARTICLE NO. 8.1
ENTITLED TREE PROTECTION OF THE 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 REPEALER PROVISION AND QSEVERABLITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
..Fiscal Impact
REQUEST: To Amend Ordinance No. 11000 Text
APPLICANT(S): Joe Arriola, Chief Adm'nis _
FINDINGS:
PLANNING AND ZONING DEPARTMEN . ecommended approval.
PURPOSE: This will amend article 8.1 of the Zoning Ordinance entitled, "Tree
Protection."
..Body
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 hereby adopted by reference thereto and incorporated herein 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 as
follows. {1}
"ARTICLE 8.1. TREE PROTECTION
ARTICLE 8.1. TREE PROTECTION
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City of -Miami
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File Number. 06-01045zt
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
City and to replace existing trees that are authorized to be removes under this article.
* * * *
Owner: The person, entity, corporation, partnership, trust or�li ted liability company that
is the legal or equitable owner of the property.
Palm: Any of a family (Palmae, the palm famil
monocotyledonous trees with usually a simple st
or fan shaped leaves
ostly t
terminal cr
al or subtropical
f large pinnate
Person: As per the definition set forth in Section City Cod.
Prohibited tree species: Those tree
wildlife, ecosystems, human health a
by reference the Miami -Dade County L
and in addition the Ficus Beniamina/We
species within the City of Miami.
*
cies that are d ' + ntal to native plants, native
fety and we V� » This article incorporates
Manual lis i'j' mf prohibited species,
be coat='idered a " prohibited
Replacemen rep . ent tree
restore tree cano _, in the and to re
removed under this a
*
Those trees that are planted in order to
e existing trees that are authorized to be
* * *
Spiking;a inser heth= rtically or horizontally, of foreign objects into the base
of th te or its root system. Th ice is sometimes employed to kill a tree.
*
Tree: Any
trunk that has
minimum height
the "palm" family
* * * *
upporting ' oody perennial plant usually having a single main axis or
ameter at breast height (DBH) of two (2) or more inches with a
(12) feet above grade; this definition shall not include trees in
Tree abuse: Tree abuse shall include:
*
*
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.
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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 III of chapter 17 of the Miami City
Code, which requires a permit from public works.
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
from time to time.
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 Count ode, as amended.
*
Sec. 8.1.4. Tree removal permit applications, require d review, fees.
*
* *
*
8.1.4.1. Permit, when required. A tree removal per I be re -d for the removal
or relocation of any tree within the city, unles:;; xe •ted by se ' 8.1.11. A tree
removal permit shall also be required for the 'inning or trimming of th. twenty-
five (25) percent of the canopy of a tree. r ;;>on, a.: t or represe 'e thereof,
directly or indirectly, shall cut down, remove, relo or + - . vely remo through tree
abuse any tree situated on any property described i „z ' ion 8.1.3, without first obtaining
a tree removal permit as hereinafter p pvided. 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 pe f* y work thathps the potential to affect
trees, including new construction, addit ps, d { .A - pools, decks, fences, driveways,
parking lots, tennis courts, demolition, o i + �' ;' , :°: II be issued by the building
department unless the-:=iift*epartment = determi that no tree removal permit is
required or that a vaI tre :- t; oval perms \has been issued in accordance with this
article. `°
8.1.4.2. Application req
that purpo incl
or reloc
acco
a. o
additions,
listing the
shall be pr
.n of e.• + -e
y applicatio
•lications for
s, and dec
h-' pa; spread a
epa =+d; a pro
shall be made on the form provided for
writte : ment indicating the reasons for the removal
'lowing documentation and any applicable fees shall
I in conjunction with new construction, including
e survey drawn to scale identifying the species and
diameter of all existing trees shall be provided. Said survey
sional land surveyor, licensed in the State of Florida.
b. For applications tree removal in conjunction with any other activity requiring a
building permit, or f:r 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
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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.
*
*
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.
* * * * *
Sec. 8.1.6. Tree replacementmi-tigatiea.
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 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
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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
TABLE INSET:
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
treemitigation.
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: Syaqrus 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:
TABLE INSET:
Chart 8.1.6.2. Tree Species Diversity Chart
*
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, slender trunk palm species such as Alexander, Areca, Christmas, and
Solitaire Palms, and 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 II," 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
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contribute into the city's tree trust fund the sum of one thousand dollars ($1000.00) five
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
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 automotically 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.
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
TABLE INSET:
Diameter
(DBH) of each
tree removed
without a
permit
Number of
replacement trees
required (2" DBH
minimum each; 12'
minimum height)
OR
Number of
replacement trees
required (4" DBH
minimum each; 16'
minimum height)
OR
Contribution
into Tree Trust
Fund
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
City of Miami
Page 6 of 9
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File Number: 06-01045zt
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"
40
or
20
or
$20,000.00
or 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 tre 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 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 bein 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 trees 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.
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Sec. 8.1.11. Exemptions.
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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 publi
of way, for municipal
purposes, with good cause, and in accordance wi of Miami City Code.
f. Upon the Director of Public Works' prior vote determi on, the removal of
dead, diseased, or damaged trees on public lands or public right-of-way,
provided that such death, disease, or .r aqe resulted from na t1611. causes and
not from any action or conduct of anywD. intered in its remoI.
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:`
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.
* * * * *„
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:
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File Number: 06-01045zt
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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 o e veto by the City
Commission or upon the effective date stated herein, whichev r.
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