HomeMy WebLinkAboutSubmittal-Wendy Francois-Documents re Appeal of 2958 Bird AveSubmitted into the public
record f r ite s) Y , Lt.
on iQ City Clerk
City of Miami
City Commission
Appeal of Intended Decision
2958 Bird Avenue
October 27, 2016
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Table of Contents
Submitted into the public A nL `
record f r it (s)
on _��U- t I I ( • City Clerk
1. Chapter 17 - Environmental Preservation
2. Resume of Certified Arborist and landscape contractor
3. Email correspondence between Walter Lessberg-Konig and Jim McMaster
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ARTICLE I. - TREE PROTECTION IN GENERAL
Sec. 17-1. - Intent and purpose.
Submitted into the public Q
record fpr ite (s) tl ,
on (NI.,"/ I I () , City Clerk
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.
(Ord. No. 13174, § 2, 5-13-10; Ord. No. 13274, § 2, 6-23-11)
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.
Dead tree: A tree which has no vital functions.
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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 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.
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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 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 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:
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(5)
(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;
(4) Pruning techniques which remove more than 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;
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 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 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.
(Ord. No. 13174, § 2, 5-13-10; Ord. No. 13274, § 2, 6-23-11)
Sec. 17-3. - 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 right-of-way or on property owned by the city shall require a permit from
the public works department, unless it is deemed in writing by the public works director or the director of
the department of code enforcement that such permit will be an undue burden for the city and is not in the
best interest of the public health, safety and welfare of the city.
All trees located within environmental preservation districts shall also be subject to the requirements
of article 2 of this chapter.
Palms with a DBH of six inches and a height over 16 feet shall also be subject to these
requirements.
All trees located within natural forest communities shall also be subject to the requirements of article
3 of chapter 24 of the Miami -Dade County Code, as amended.
All mangrove trees and any tree located upon land which is wetlands as defined in F.S. § 373.019,
as amended from time to time, shall also be subject to the permitting requirements of article 2 of chapter
24 of the Miami -Dade County Code, as amended.
(Ord. No. 13174, § 2, 5-13-10)
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Sec. 17-4. - Tree removal permit or tree pruning permit applications, requirements, review, and fees.
(a) Permit, when required.
(1) 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 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 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 to the
city, to be validated by a certified arborist, with justification as to why the ANSI A-300 Standards
are not applicable.
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.
(4) Any removal of roots one inch in diameter or greater and/or the removal of more than ten
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.
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 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.
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 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, or by persons
authorized by F.S. ch. 481 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:
(3)
(5)
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(3)
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.
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, or by
persons authorized by F.S. ch. 481, 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.
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 year after the final certificate of occupancy is issued.
Tree removal and tree replacement for homestead residents (homestead lots) 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.
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.
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(g)
(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.
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.
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.
(Ord. No. 13174, § 2, 5-13-10; Ord. No. 13274, § 2, 6-23-11)
Editor's note— Ord. No. 13274, § 2, adopted June 23, 2011, changed the title of section 17-4
from "Tree removal permit applications, requirements, review, and fees" to "Tree removal permit
or tree pruning permit applications, requirements, review, and fees." The historical notation has
been preserved for reference purposes.
Sec. 17-5. - Criteria and conditions for tree removal and relocation.
(a) Criteria for tree removal. No permit shall be issued for tree removal unless one of the following
criteria exists:
(1) The tree is located in the buildable area or yard area where a structure or improvement may be
placed and the tree unreasonably restricts the permitted use of the property. Trees located in
the property frontage (within the 15-foot setback), are not considered located within the
buildable area or yard. Ingress and egress to garages are not considered buildable or yard
areas. Trees on a public right-of-way shall not be considered for removal because they restrict
ingress or egress to the garages or parking on the site, except if there is no other reasonable
access to and from the structure or to the property from the public right-of-way. This restriction
shall be waived by either 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.
(2) The tree is diseased, injured or in danger of falling; interferes with utility service; creates unsafe
vision clearance; or is in danger of materially impairing the structural integrity of an existing
structure.
(3)
The tree is an exotic tree species and will be replaced with a native tree species to promote
good forestry practices; creates a health hazard; interferes with native tree species; or creates a
negative impact on natural land features such as rock outcroppings, sink holes or other
geological, historical or archeological features.
(4) It is in the interest of the general welfare of the public that the tree be removed for a reason
other than set forth above.
(b) Conditions for tree removal, relocation and replacement. Any or all of the following conditions may be
required:
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(1) The applicant may be required to redesign the project to preserve specimen tree(s) or any other
tree determined by the department to be of substantial value because of its species, size, age,
form and/or historical significance, and to provide an alternate plan that includes the
preservation of said tree(s) and design alterations within the scope and intent of the initially
proposed plan.
(2) Where practical, specimen trees or any other tree determined by the department to be of
substantial value because of its species, size, age, form and/or historical significance, proposed
for removal, shall be relocated on or off -site. The applicant shall adhere to acceptable tree
relocation standards and specifications. The department may require a certified arborist to
monitor the root pruning and tree relocation preparation efforts on site and to provide
documentation certifying that the work was accomplished according to acceptable tree
relocation standards and specifications.
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 requirements in section 17-6.
(4) The department may require that the applicant provide a written report from a certified arborist
before making any determinations in conjunction with this section. The department may also
require monitoring by a certified arborist during construction to assure tree preservation.
(3)
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-6. - Tree replacement.
(a) Tree replacement chart. The tree replacement chart 17.6.1.1 below, shall be used to determine the
total number and size of trees that shall be planted as replacement trees 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, calculate the total sum in inches of the
diameters of all trees to be removed. This sum will result in one 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 17.6.1.1
Tree Replacement Chart
Total diameter of tree(s)
to be removed (sum of
inches at DBH)
Total number of replacement trees
required (2" DBH minimum each: OR
12' minimum height)
Total number of replacement trees
required (4" DBH minimum each:
16' minimum height)
2"-3"
1
or
0
4"-6"
2
or 1
7"-12"
4
or
2
13"-18"
6
or
3
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19"-24"
8
or
4
25"-30"
10
r
5
31"-36"
12
or
6
37"-42"
14
or
7
43"-48"
16
or
8
49"-60"
20
0
10
If the sum of the diameter of trees to be removed exceeds a total of 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.
Up to 30 percent of the two-inch DBH replacement tree requirement may be met by native species
with a minimum height of eight feet and a minimum DBH of one inch at time of planting.
Palms of a 14-foot minimum overall height and minimum DBH of three inches at time of planting
shall count as a required two-inch DBH replacement tree on the basis of two palms per required tree. No
more than 30 percent of the required replacement trees shall be palms.
(b) Tree species. Tree(s) installed as replacement trees shall be of a native or non-native species and
shall be planted at grade or ground level according to ISA best management practices manual,
incorporated herein by reference. When more than ten trees are installed as replacement trees, a
diversity of species shall be required as per chart 17.6.2.1 tree species diversity chart, below.
Chart 17.6.2.1
Tree Species Diversity Chart
Required number Required minimum
of trees number of species
11-20
21-50
51 or greater
2
4
6
(c) Prohibited species. Replacement trees are not required for the removal of any prohibited species
except Ficus altissima (Lofty Fig) and Ficus benghalensis (Banyan Tree). No fees will be assessed
for removal of prohibited tree species.
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(d) Tree quality. Trees installed as replacement trees 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 state department of
agriculture and consumer services, and incorporated herein by reference. Trees shall be planted
according to sound nursery practices as illustrated in the landscape manual.
(e) Off -site replacement trees. If the total number of trees required as replacement trees 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 replacement trees on public property within the
city commission district of the subject property. An alternative to off -site replacement is provided in
subsection (f), relating to the contribution to the tree trust fund. Applicants may do both to the extent
that they should proffer to do so.
Tree trust fund. If the total number of trees required as replacement trees cannot be reasonably
planted on the subject property, the applicant shall contribute to the city's tree trust fund the sum of
$1,000.00 for each two-inch DBH tree required as replacement trees in accordance with chart
17.6.1.1. A city resident with current proof of residency and homestead status shall contribute
$500.00 for each two-inch DBH tree required as replacement trees in accordance with chart
17.6.1.1, one time during a calendar year on his or her homestead property. An addition or an
alternative to contributing to the tree trust fund, is provided in subsection (e), relating to off -site
replacement trees. Applicants may do both to the extent that they should proffer to do so.
Completion. The replacement tree process shall be completed prior to the issuance of a certificate of
occupancy or temporary certificate of occupancy. Moreover, the approval of a tree relocation or tree
removal permit is contingent on any requirements set forth in subsections (a) through (f) above.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-7. - Tree protection.
(a) Tree protection during construction. Trees shall be protected during construction activity as
determined by the building department through the use of protective barriers in accordance with the
landscape manual. Trees that are to remain shall be clearly identified with tags. A protected area
with a radius of ten feet shall be maintained around trees to remain in accordance with the landscape
manual, unless a certified arborist otherwise determines in writing that a smaller or larger protected
area is acceptable for each tee, or an alternative tree protection method is approved.
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.
(b) Reserved.
(Ord. No. 13174, § 2, 5-13-10; Ord. No. 13274, § 2, 6-23-11)
Sec. 17-8. - Appeals, appellate fees.
(a) Appeals to the historic and environmental preservation board (HEPB). The property owner, the
applicant, or any aggrieved party having standing under state law, may appeal to the HEPB any
decision of the department on matters relating to applications for tree removal permits, except for
tree removal permits granted to the departments of public works or capital improvements, by filing a
written notice of appeal to the preservation officer, as established in section 62-191, within ten
calendar days after the date of the intended decision. The notice of appeal shall include the decision
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appealed from and the reasons or grounds for the appeal. HEPB shall hear and consider all facts
material to the appeal. HEPB may affirm, modify or reverse the decision of the department.
All appeals to the HEPB in accordance with this section shall be accompanied by a fee of $315.00.
However, no fees shall be assessed for appeals initiated by an owner of property which abuts the subject
property for which a tree removal permit is sought, including properties located across a street or alley
from the subject property, appeals by a nonprofit corporation dedicated to conservation and protection of
the natural and physical environment, or appeals by a homeowners association, as defined by F.S. ch.
720, as amended, which has one member who owns property within 500 feet of the subject property.
(b) Appeals to the city commission. The property owner, the applicant, the department, or any aggrieved
party having standing under state law, may appeal to the city commission any decision of the historic
and environmental preservation board on matters relating to applications for tree removal permits by
filing a written notice of appeal with the department of hearing boards within 15 calendar days after
the date of the decision. The property owner, the applicant, or any aggrieved party having standing
under state law may appeal to the city commission any tree removal permit granted to the
departments of public works or capital improvements or to their contractors, by filing a written notice
of appeal with the department of hearing boards, within 15 calendar days after the date of issuance
of the permit. The notice of appeal shall include the decision appealed from and the reasons or
grounds for the appeal. The city commission shall conduct a hearing de novo as a body of original
jurisdiction, upon any appeal and/or review from an appealable decision under the terms of this
ordinance, as amended. New evidence or materials may be received by the city commission where
such evidence or materials are pertinent to a determination of the appeal. The city commission may
hear the testimony of witnesses and/or any other evidence offered by any person aggrieved or by
any officer, board or agency of the city affected thereby or by any interested party having an interest
in the appeal under state law and may, in conformity with this article and other applicable laws, rules
and regulations, render its decision. The city commission shall hear and consider all facts material to
the appeal and may affirm, modify or reverse, in whole or in part, with or without conditions, HEPB's
decision, or may grant or deny the appeal of the tree removal permit issued to the departments of
public works and capital improvements.
All appeals to the city commission in accordance with this section shall be accompanied by a fee of
$500.00, plus $3.50 per mailed notice to the adjacent owners within a 500-foot radius. However, no fees
shall be assessed for appeals initiated by an owner of property which abuts the subject property for which
a tree removal permit is sought, including properties located across a street or alley from the subject
property, appeals by a nonprofit corporation dedicated to conservation and protection of the natural and
physical environment, or appeals by a homeowners association, as that term is defined by F.S. ch. 720,
as amended, which has one member who owns property within 500 feet of the subject property.
The decision of the city commission shall constitute final administrative review, and no petition for
rehearing or reconsideration, shall be considered by the city. Appeals from decisions of the city
commission may be made to the courts as provided by the Florida Rules of Appellate Procedure.
(c) Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and place of the
public hearing shall be mailed at least ten calendar days in advance of the hearing to the owner of
the subject property and the owners of the adjacent properties. At least ten calendar days in advance
of the hearing, a sign, in compliance with the provisions of subsection 62-129(2)a., shall be posted
on the subject property.
(d) No tree removal permitted during an appeal. Upon timely submission of an appeal made pursuant to
the requirements of this section, removal of any trees which could be affected by the subject appeal
is prohibited, pending final disposition of the appeal. A violation of this subsection will automatically
result in an additional $500.00 fine payable to the city's tree trust fund for each separate violation of
this section.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-9. - Enforcement.
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(a) Jurisdiction. The department shall have jurisdiction for the proper and effective enforcement of this
article, under chapter 2, article X entitled code enforcement. The department shall have the right to
inspect subject properties in accordance with the approved tree removal permit and the provisions of
this article.
(b) Individual enforcement. Each tree removed without a tree removal permit shall constitute a separate
and distinct violation and shall be the subject of individual enforcement.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-10. - Penalties, remedies cumulative.
(a) Fine. Any person, or agent thereof, who removes a tree without a tree removal permit, shall be fined
up to $1,000.00 per day per violation for a first violation, and shall be fined up to $5,000.00 per day
per violation for every repeat violation of this ordinance, or a greater penalty as provided by law, and
shall undergo the tree replacement process pursuant to section 17-6. Each tree removed without a
tree removal permit shall constitute a separate and distinct violation, subject to a separate fine and
tree replacement pursuant to section 17-6.
(b) Tree replacement required. The planting of replacement trees shall be required, in addition to the
monetary fines assessed pursuant to this article. The number of trees required as replacement for
each tree that was removed without a permit is provided in chart 17.10.2.1, the tree replacement
chart, for trees removed without a permit, below. If the total number of trees required as replacement
trees cannot be reasonably planted on the subject property, the applicant may contribute to the city's
tree trust fund in the amount provided in chart 17.10.2.1.
Chart 17.10.2.1.
Tree Replacement Chart for Trees Removed Without a Permit
Number of replacement
Diameter (DBH of
trees required (2" DBH
each tree removed
minimum each: 12'
without a permit
minimum height)
2"-3"
2
Number of replacement
trees required (4" DBH
R minimum each: 16' OR
minimum height)
or
1
Contribution into
Tree Trust Fund
or $1,000.00
4"-6"
4
or
2
or
$2,000.00
7"-12"
8
or
4
or $4,000.00
13"-18"
19"-24"
12
or 1 6 0
$6,000.00
16 or 8 or $8,000.00
25"-30"
20 or E 10 or $10,000.00
31"-36" 24 1 or
12
or
$12,000.00
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(f)
(g)
37"-42"
28
or
14
or
$14,000.00
43"-48"
32
or
16
or
$16,000.00
49"-60"
40
or
20
or
$20,000.00
If the sum of the diameter of trees to be removed exceeds a total of 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.
(c) Tree viability after project completion. If the department determines that any tree is not viable, alive
and growing one year after all associated development activity on the property is completed, the
department shall require that said tree be replaced with the same tree species and size which was
originally planted or relocated, as per the approved tree removal permit.
(d) 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 payment of all fines and planting of all required replacement
trees as 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 as
obligee. The bond shall be in the amount of ten percent of the construction cost or ten percent of the
appraised value of the property, if no construction exists. The bond will remain 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.
(e) 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 replacement trees required as
mitigation, pursuant to this section.
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.
Costs and fees. In the event the city institutes any civil action to enforce the provisions of this article
in a court of competent jurisdiction, if the city succeeds as prevailing party, it shall be entitled to
recover the fines assessed pursuant to the violation(s), the cost of replacement trees required as
mitigation, the costs associated with the investigation and prosecution including reasonable attorney
fees, and any equitable and/or legal remedies assigned by the court.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-11. - Exemptions.
The following are exempt from the provisions of this article:
(1) Any tree growing in a botanical garden, or a licensed plant or tree nursery business.
(2) When the city manager determines, in writing, that tree removal permitting requirements will
impede private or public work to restore city order after a declared state of emergency by the
city commission.
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(3)
The removal of any tree during or following an emergency or an act of nature or a life safety
issue, by demonstrating to the city, following the review and recommendation of the department,
which may require photographic proof revised and/or other supporting documentation, to help
determine the condition of the tree prior to removal which:
a. Creates a life safety issue;
b. Prevents a person from the use or enjoyment of the property;
c. Prevents further damage.
(4) 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 the pruning or trimming
of trees is done in accordance with ANSI A-300 Tree Care Standards and the guidelines
illustrated in the landscape manual.
(Ord. No. 13174, § 2, 5-13-10)
Secs. 17-12-17-25. - Reserved.
ARTICLE II. - ENVIRONMENTAL PRESERVATION DISTRICTS°
Footnotes:
--- (2) ---
Editor's note —Ord, No. 13174, § 2, adopted May 13, 2010, changed the title of article II from "Districts"
to "Environmental preservation districts."
Sec. 17-26. - Definitions.
For the purposes of this article, definitions are found in section 17-1.
(Code 1967, § 64-1; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-1; Ord. No. 13174, § 2, 5-
13-10)
Sec. 17-27. - Intent of article.
The intent of this article shall be as follows:
(1) To preserve and protect trees and other significant environmental features within the city.
(2) To require that the design and construction of all development activity be executed in a manner
consistent with the preservation of trees and other significant environmental features to the
greatest extent possible.
(3) To provide guidelines and review procedures for controlling development activity which may
alter, destroy or be detrimental to existing trees, significant environmental features and scenic
areas.
(4) To provide the framework and legal mechanism for publicly identifying and preserving
environmentally significant areas or sites.
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(Code 1967, § 64-2; Code 1980, § 17-2; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-28. - Applicability of article.
The terms and provisions of this article shall apply to real property as follows:
All property located within a designated environmental preservation district, including scenic
transportation corridors.
(Code 1967, § 64-3; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-3; Ord. No. 13174, § 2, 5-
13-10)
Sec. 17-29. - Historic and environmental preservation board.
The historic and environmental preservation board (hereinafter referred to as HEPB or the board) as
established under section 62-186 shall be responsible for maintaining a record of unique environmentally
significant lands or sites within the city. The board shall serve as the quasi-judicial instrument for granting
or denying certificates of approval for tree removal and development activity within those areas identified
and established as environmental preservation districts under the terms and provisions of this article.
(Ord. No. 9427, § 1(A), 5-27-82; Code 1980, § 17-4; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-30. - Preservation officer.
The preservation officer, as provided in section 62-191 shall be responsible to assist HEPB and to
carry out the following duties:
(1) Serve as secretary to the board. The appointee shall attend all meetings of the board and
maintain a record of the proceedings of the board, showing its action on each application. The
appointee shall schedule and provide notification of board meetings to applicants and other
department and agency representatives.
(2) Upon receipt of a proper application for tree removal or development activity within the
designated environmental preservation districts, review such application, shall include a field
check of the site and referral to other departments or agencies as necessary to determine any
adverse effect upon the general public welfare and determine whether a standard or special
certificate of approval is required.
Maintain and update an official map delineating environmental preservation districts and a
photographic documentation of all official designated sites.
(4) Work with other city departments and community environmental groups as required to protect
and reserve the natural environment through public education and encouraging sound
environmental policies.
Evaluate applications for standard certificates of approval and render a decision based upon the
standards and conditions for tree removal and the review standards for tree removal and
development activity within environmental preservation districts.
(6) Ensure that notice of the application for a special certificate of approval is given as required in
section 17-39.
Prepare summary reports of all decisions on certificate of approval applications. The report shall
briefly summarize the conditions and criteria for tree removal and the decision of the board or
preservation officer.
(3)
(5)
(7)
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(Ord. No. 9427, § 1(B), 5-27-82; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-5; Ord. No.
13174, § 2, 5-13-10)
Sec. 17-31. - Environmental preservation districts.
(a) Designation generally; intent. Certain geographical areas or sites may be designated as
environmental preservation districts by action of the city commission, recognizing the need for
preservation and protection of such areas because of their educational, economic, environmental or
ecological importance to the welfare of the general public and the city. Environmental preservation
districts are intended to provide for preservation and protection of trees and other significant
environmental and landscape features and to encourage design and development activity which is
sensitive to the natural landscape character of the site. Sites with significant trees and landscape
materials may be selected as environmental preservation districts because they provide important
environmental functions for the welfare of the community, which include the following: stabilizing the
soil, preventing erosion and excessive runoff; giving shade and cooling the land; providing protection
from forceful winds; using their leaf surfaces to dilute gaseous pollutants and trap and filter out ash,
dust and pollen in the air; absorbing a high percentage of carbon dioxide and returning oxygen to the
air; alleviating noise pollution; increasing the value of the property; and adding to the natural scenic
beauty of the city. All regulations and review procedures provided for environmental preservation
districts are intended to protect the significant environmental features against needless destruction
and to present guidelines which will lead to the continuance and enhancement of those features,
while at the same time recognizing individual rights to develop property which are not prejudicial to
the public interest.
(b) Natural or manmade environmental features. The following natural or manmade environmental
features may be designated as environmental preservation districts, when one or more such features
are located in a geographical area or lot:
(c)
1) Clusters of trees with extensive tree canopy, natural hammock areas and mangrove areas.
Land areas which include significant environmental features, outstanding characteristics or
meet other professional criteria may be designated as environmental preservation districts by
the historic and environmental preservation board.
(2) Exposed geological formations, such as natural rock outcroppings, caves, sinkholes and
significant natural topography of the Coastal Atlantic Ridge.
Scenic transportation corridors —those roadway areas which have a unique landscape
character and an extensive tree canopy and are of substantial environmental importance to the
residents of the city as well as to visitors. Dimensions and extent of scenic transportation
corridors shall be determined for each specific area so designated, based upon an analysis of
the corridor by qualified professional staff of the appropriate city departments. The boundaries
of the scenic transportation corridors may be determined by the following:
a. The extent of roadway right-of-way area.
b. All established yard areas fronting on the transportation corridor.
c. Significant natural features, such as trees, or geological features which are not within the
right-of-way or street yard area but are of value as a part of the scene.
d. Principal natural landscape or manmade elements which form the visual boundary or
enclosing space of the corridor.
e. Unique botanical features, such as rare, exotic and valuable trees or plant life or examples
of excellent landscape design.
Procedure for designation.
(1) Areas or sites to be considered as environmental preservation districts may be recommended to
HEPB by private individuals and organizations (after providing sufficient evidence that the
(
(3)
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resource qualifies under the provisions of this Code), all city departments, HEPB and the city
commission.
(2) All areas to be considered must be evaluated by the HEPB with the appropriate
recommendations conveyed to the city commission.
A letter or invitation shall be delivered to the owners of all property within the boundaries of the
proposed environmental preservation district, with a full explanation of the reasons for the
environmental significance of the property, the effect of the proposed classification and the
process by which environmental preservation districts are officially designated. The owners will
be invited to appear at a public hearing before HEPB to discuss the matter. Should there be
more than 50 property owners within the proposed scenic transportation corridor, a notice
published in a newspaper of general circulation at least ten days prior to the hearing, stating the
aforementioned information and including the date, time, place and reason for the HEPB
hearing shall be considered sufficient notice. Following the decision of HEPB, the property may
then be recommended by the board to the city commission for designation as an environmental
preservation district.
(4) The areas recommended by the HEPB and approved by the city commission are established as
environmental preservation districts. These sites or areas are then added to the official map
delineating environmental preservation districts on file with the department.
(d) Effects of designation.
(1) Once an area or site is officially designated as an environmental preservation district, all
development activity or removal of trees within that area must be reviewed by the preservation
officer, and a certificate of approval, standard or special, must be granted under the provisions
of section 17-32 before a tree removal permit or a building permit will be issued by the
department.
(2) When the city commission approves the designation of an area or site as an environmental
preservation district, the regulations and review requirements for both the existing transect and
the preservation district shall apply.
(3)
(Code 1967, § 64-6; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9427, § 1(C), 5-27-82; Ord. No.
9769, § 1, 12-15-83; Code 1980, § 17-6; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-32. - Removal of trees not located in environmental preservation districts.
The removal of trees not located in environmental preservation districts shall follow the procedures
set forth in article I entitled "Tree protection in general."
(Code 1967, § 64-7; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9427, § 1(C), 5-27-82; Ord. No.
9769, § 1, 12-15-83; Code 1980, § 17-7; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-33. - Removal of trees and development activity within environmental preservation districts.
(a) Certificate of approval required. No person, agent or representative thereof, directly or indirectly,
shall cut down, destroy, move or effectively destroy through damaging any tree or other
environmentally significant feature within an environmental preservation district without first obtaining
a certificate of approval and must abide by tree removal as set for in article I. No person, agent or
representative thereof shall commence any development activity within an area visible from a public
way within an environmental preservation district without first obtaining a certificate of approval,
standard and special, as hereinafter provided:
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(1) Standard certificates of approval may be issued by the preservation officer, without review and
approval by the historic and environmental preservation board, for the following classifications
of applications:
a. Applications for development activity where all existing trees are to be preserved or
relocated on site.
b. Applications for removal of trees which are diseased, injured, in danger of falling, or
interfere with utility service, create unsafe vision clearance, or conflict with other
ordinances or regulations.
c. Application for removal of trees which are listed in section 17-37.
d. Applications involving tree removal and additions or modifications to existing building,
except where such addition exceeds 50 percent of the existing lot coverage.
e. Applications involving tree removal and site improvements for existing buildings such as
but not limited to fences, walls, patios, driveways, pools, etc.
(2) Special certificates of approval require the approval of the historic and environmental
preservation board, and include the following classifications of applications:
a. Applications for new development involving removal of existing trees from the site or
alteration of other environmentally significant features.
b. Applications for development activity or tree removal not listed in subsection (a)(1) as
eligible for a standard certificate of approval.
c. Applications referred to the historic and environmental preservation board on appeal from
decisions of the preservation officer, or from the general public as described in section 17-
8.
(b) Applications. All applications for a certificate of approval within environmental preservation districts
shall be initially made to the preservation officer. Applications shall include the following and shall
remain on file with the city:
(1
An official application form, including all requested information, signed by the property owner.
(2) Refer to subsection 17-4(b), application requirements, subsections (1), (2), (3), (4), and (5) for
the required documentation that shall accompany applications.
Signature of a planning, building and zoning official indicating compliance with applicable zoning
regulations or specifying variances necessary for permitting.
(c) Application review. The preservation officer shall review the application, which shall include a site
inspection or referral to other departments, and determine whether the type and extent of the
proposed work falls within the jurisdiction of a standard certificate of approval or a special certificate
of approval.
(1) Where an application is eligible for a standard certificate of approval, the preservation officer
shall, within 15 days of receipt of a completed application, issue such standard certificate of
approval, with or without conditions, or deny such standard certificate of approval with specified
reasons therefore.
(2) Where the nature and extent of proposed work requires a special certificate of approval, the
historic and environmental preservation board shall hold a public hearing and take action within
45 days of receipt of a completed application. The board shall either authorize a special
certificate of approval, with or without conditions, or deny such special certificate of approval
with specified reasons therefore.
(d) Permits. No permit for development activity or tree removal within an environmental preservation
district shall be issued by the building department until a certificate of approval has been issued
pursuant to this article. Such permit applications shall be approved by the preservation officer to
verify conformance with the certificate of approval. Tree removal permits authorized by a standard
(3)
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certificate of approval shall be subject to the ten-day delayed effective date and posting requirements
of subsection 17-4(d).
(e) Changes in approved work. Any change in work proposed subsequent to issuance of a certificate of
approval shall be reviewed by the preservation officer to determine whether such change would
materially affect the certificate of approval. If so, such change shall require a new certificate of
approval pursuant to all standards and procedures in this article.
(Code 1967, § 64-8; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9427, § 1(C), (D), 5-27-82; Ord.
No. 9769, § 1, 12-15-83; Code 1980, § 17-8; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-34. - Criteria and conditions for tree removal.
(a) Criteria for removal. No permit shall be issued for tree removal from the site, unless one of the
following conditions exists:
(1) 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 setback) shall not be considered to be located within the building
area or yard. Ingress and egress to garages are not considered the buildable area or yard.
(2) 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
private property and/or by the director of public works when it relates to the public right-of-way.
The tree is diseased, injured or in danger of falling, interferes with utility service, creates unsafe
vision clearance or conflicts with other provisions of this Code or other ordinances or
regulations.
(4) The tree is an exotic tree species and will be replaced with a native tree species to promote
good forestry practices; creates a health hazard; interferes with native tree species or creates a
negative impact on natural land features such as rock outcroppings, sink holes or other
geological, historical or archaeological features.
It is in the general welfare of the public that the tree be removed for a reason other than set
forth above.
(3)
(5)
(b) Conditions for relocation and replacement. As a condition to the granting of a tree removal permit,
any or all of the following may be required:
(1) The applicant may be required to redesign the project to preserve specimen tree(s) or any other
tree determined by the historic and environmental preservation board to be of substantial value
due to its species, size, age, form and/or historical significance, provide an alternative plan,
when feasible, which shall include the preservation of such tree(s) and design alterations within
the scope and intent of the initially proposed plan. The applicant shall provide sufficient
information, to include a tree survey drawn to scale that illustrates all existing site conditions
and a tree disposition plan drawn to scale that superimposes all proposed new construction
including all overhead and underground utilities and the new locations of trees over the tree
survey plan information. The historic and environmental preservation board will review and
analyze the aforementioned information, in order to determine the appropriate course of action.
(2) Where practical, specimen trees, or any other trees determined by the department to be of
substantial value due to its species, size, age, form and/or historical significance, that is
proposed for removal shall be relocated on or off -site. The applicant shall adhere to acceptable
tree relocation specifications.
If it is impractical to relocate and replant such trees of substantial value, either on the site or off
the site, the tree may either be removed, or the applicant may be required to demonstrate a
(3)
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"good faith" effort to redesign the project to protect and preserve the trees. The applicant shall
be required to replace all trees permitted to be removed in accordance with the tree
replacement requirements contained in section 17-1.
(4) The historic and environmental preservation board may require that the applicant provide a
written report from a certified arborist before making any determinations in conjunction with this
section. The historic and environmental preservation board may also require monitoring by a
certified arborist during construction to assure tree preservation.
In determining the required preservation, relocation, or replacement of trees, the following
factors shall be considered:
a. Existing tree coverage on the site and in the immediate surrounding area.
b. Number of trees to be removed on the entire site.
c. The type, size and condition of the tree(s) to be removed.
d. The feasibility of relocating the particular tree or trees.
e. Topography and drainage of the site.
f. The extent to which the trees contribute to the aesthetic, economic and environmental
integrity of the surrounding area.
g. The nature of the existing and intended use of the property.
(6) Tree replacement. Tree replacement shall be as directed in subsection 17-6(a) which includes
tree replacement chart 17.6.1.1 as well as tree species diversity chart 17.6.2.1 in subsection 17-
6(b), tree species.
(5)
(Code 1967, § 64-9; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9769, § 1, 12-15-83; Code 1980,
§ 17-9; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-35. - Tree protection and survival.
(a) During construction, all reasonable steps necessary to prevent the destruction or damaging of trees
shall be taken. Trees destroyed or receiving major damage must be replaced by trees of equal
environmental value as specified in section 17-6 before occupancy or use unless approval for their
removal has been granted under permit.
(1) Trees that are to remain shall be clearly identified with tags.
(2) During construction, protective barriers shall be placed with a radius of ten feet around the trees
to remain in accordance with the landscape manual, unless a certified arborist otherwise
determines in writing that a smaller or larger protected area is acceptable for each tree, or an
alternative tree protection method is recommended.
During demolition and/or development, 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 damage to roots, stems or crowns of such trees. The
barriers shall remain in place and intact until such time as approved landscape operations
begin; however, barriers may be removed temporarily to accommodate construction needs,
provided 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.
(4) If at all practical, underground utility lines, curbs and other above grade structures should be
routed around existing trees to the outside of the drip line of the tree. In the event that this is not
feasible, a tunnel made by a power -driven soil auger may be placed under the tree for
installation of utility lines, or a trench passing by the side of the tree may be used for
construction of curbing or to accommodate the installation of utility lines. If a trench is used,
(3)
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care should be taken that as few roots as possible are cut, that the cuts are made cleanly, and
that the root ends are painted with a wound dressing of asphalt base paint and immediately
covered with soil.
During construction, unless otherwise authorized by the tree removal permit, no excess soil,
additional fill, equipment, liquids, or construction debris shall be placed within the drip line of any
tree that is required to be preserved in its present location unless the addition of excess soil or
fill is required in order to comply with either the flood criteria requirements contained in chapter
11C of the Code of Metropolitan Dade County, Florida, and/or federal flood regulations in high
flood hazard locations.
(6) Unless otherwise authorized by the tree removal permit, no soil is to be removed from within the
drip line of any tree that is to remain at its original location.
No wires or utility service attachments, other than those of a protective nature, shall be attached
to any tree.
(8) Subsequent to construction or the satisfactory stabilizing of a tree, all protective devices shall be
removed. The owner of the project on which the tree is located, the applicant for a tree permit or
the individual performing physical moving of a tree, shall be fully liable and responsible for
removal of the devices.
(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. 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 reservation 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.
(7)
(Code 1967, § 64-10; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-10; Ord. No. 13174, § 2, 5-
13-10)
Sec. 17-36. - Environmental preservation review standards for tree removal and development activity.
The following standards shall be used by the preservation officer or historic and environmental
preservation board in reviewing all site plans, building plans and applications for tree removal within those
areas designated as environmental preservation districts. These standards are intended to provide a
frame of reference for the applicant, as well as to provide a basis for reviewing plans and proposals.
These standards are not to be regarded as inflexible and are not intended to discourage innovation or
creativity. Development should:
(1) Preserve the natural environmental character of all sites, insofar as practical, by minimizing
removal of trees or other significant environmental features.
(2) Preserve or enhance existing topography and natural land features wherever possible.
(3)
Use only those signs for identification of principal use. Signs should be of a size, shape and
color which are compatible with the surrounding environment. The size of the signs should bear
a direct relationship to the rate of speed of passersby, not exceeding a maximum size
necessary for recognition.
(4) Provide visual screening of all parking areas, service areas or storage areas by using
landscaping and building materials which are compatible with the surrounding landscape
character.
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(5)
Maintain the continuity of landscape material and spacing characteristic of the surrounding area
or scenic corridor. If the development occurs along a designated scenic corridor, the principal
natural landscape or manmade elements which form the visual boundaries or enclosing space
of the corridor shall be preserved, insofar as possible.
(6) Consider the impact of public and private improvements upon the ecological needs of the area.
Roadway improvements within scenic corridors and other unique areas should not disrupt or
distract from the existing natural environment.
(Code 1967, § 64-11; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-11; Ord. No. 13174, § 2, 5-
13-10)
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.
(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.
(Code 1967, § 64-12; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9427, § 1(D), 5-27-82; Ord. No.
9769, § 1, 12-15-83; Code 1980, § 17-12; Ord. No. 13174, § 2, 5-13-10; Ord. No. 13274, § 2, 6-
23-11)
Sec. 17-38. - Removal of trees from public lands.
No tree shall be removed from any public land, public park or public right-of-way, except in
accordance with article III of this chapter.
(Code 1967, § 64-13; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-13; Ord. No. 13174, § 2, 5-
13-10)
Sec. 17-39. - Public notice of applications for special certificates of approval.
Public notice is required for all applications for a special certificate of approval in environmental
preservation districts. The type and manner of notice will be as follows:
(1) Posted notice. Property being considered for a permit under this article shall be posted with a
sign at least ten days in advance of the public hearing. The sign shall measure at least three
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square feet in area, shall be of a color and shape distinguishable from the surrounding
landscape, and shall contain substantially the following language:
A public hearing involving approval of a permit for tree removal or development on this
property will be held by the historic and environmental preservation board of the City of
Miami.
Description of activity:
Place of hearing:
Time:
For additional information call 311.
The sign shall be erected in full view of the public on each street side or side nearest a street of
the property being considered for such permit.
(2) Mailed notice. Notice of the time and place of the public hearing by the historic and
environmental preservation board shall be sent at least ten days in advance of the hearing, by
mail, to the owner of the subject property and the owners of the adjacent property and other
departments or agencies deemed appropriate by the board.
Published notice. The published notice shall contain a description of the activity and the time
and place of the hearing. Publication shall be made in the following:
a. A daily newspaper of general circulation in the city;
b. A daily newspaper of general circulation in the city, devoted primarily to reporting of
financial, business, industrial and legal information; and
c. A newspaper devoted primarily to reporting information of interest in an area or locality of
the city.
Such publications shall be made not less than ten days in advance of the public hearing and
shall be prepared and paid for by the city. These publications shall be sent to the NET office for
distribution to the registered homeowners' associations.
(Code 1967, § 64-14; Ord. No. 9427, § 1(C), 5-27-82; Ord. No. 9769, § 1, 12-15-83; Code 1980,
§ 17-14; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-40. - Appeals.
(a) Appeals to the historic and environmental preservation board. Any citizen may appeal any decision
of the department of planning, and the code enforcement department of any term or provision of this
article to HEPB, by filing, within ten days after the date of the initial decision, a written notice of
appeal with the city manager, with a copy to the city clerk and the preservation officer, which shall
set forth precisely the decision appealed from and the reasons or grounds for the appeal. Each
appeal shall be accompanied by the applicable fee. The enforcement agency shall immediately issue
a stop work order for any work which could be affected by the subject appeal, pending final
disposition of the appeal. The historic and environmental preservation board shall hear at a public
hearing all facts material to the appeal and render a decision within 45 days of the filing of such
appeal. The historic and environmental preservation board may affirm, modify or reverse the
decision appealed from, provided that the board shall not take any action which conflicts with or
nullifies any of the provisions of this article.
(b) Appeals to the city commission. Any citizen may appeal any decision of the historic and
environmental preservation board as it relates to this article, to the city commission by filing within
ten days after the date of the decision, a written notice of appeal with the city manager, with a copy
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to the city clerk and the preservation officer, which shall set forth precisely the decision appealed
from and the reasons or grounds for the appeal. Each appeal shall be accompanied by the
applicable fee. The enforcement agency shall immediately issue a stop work order for any work
which could be affected by the subject appeal, pending final disposition of the appeal. The city
commission shall hear and consider all facts material to the appeal and render a decision within 45
days of the filing of such appeal. The city commission may affirm, modify or reverse the board's
decision. The decision of the city commission shall constitute final administrative review, and no
petition for rehearing or reconsideration shall be considered.
(Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-15; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-41. - Penalties, remedies cumulative.
Any person, or agent thereof, violating the provisions of any section of this article shall upon
conviction, be subject to the penalties in this chapter or any other penalties as provided by law. The
removal, relocation or destruction of each tree for which a tree removal permit is required -without a proper
permit on the job site shall constitute a separate offense under this article.
(Code 1967, § 64-15; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-16; Ord. No. 13174, § 2, 5-
13-10)
Sec. 17-42. - Civil remedies.
In addition to any other remedies provided by law and by this article, the enforcement agency shall
have the following judicial remedies available for violations of this article or any permit condition
promulgated under this article:
(1) The enforcement agency may institute a civil action in a court of competent jurisdiction to
establish liability and recover liquidated damages for each violation in an amount of not more
than $5,000.00 per offense. Each tree unlawfully removed under the provisions of this article
shall constitute a separate offense hereunder.
(2) The enforcement agency may institute a civil action in a court relief to enforce compliance with
this article to enjoin any violation hereof and to seek injunctive relief to prevent irreparable injury
to the trees or properties encompassed by the term of this article.
(Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-17; Ord. No. 13142, § 7, 2-11-10; Ord. No.
13174, § 2, 5-13-10)
Sec. 17-43. - Fees.
(a) Standard certificate of approval: Minimum $26.00 plus $5.00 for every tree to be removed, relocated
or newly planted.
(b) Special certificate of approval: $26.00.
(c) All applications for permits for the removal of trees shall be accompanied by a fee, as provided for
under section 10-4, as amended, "Building permit fee schedule."
(d) All appeals shall be accompanied by a fee of $300.00, except that no fee shall be charged for such
appeals initiated by agencies of the city or by an owner in fact of a property adjacent to the subject
property or by a nonprofit corporation dedicated to conservation and protection of the natural and
physical environment.
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(Code 1967, § 64-16; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9769, § 1, 12-15-83; Code 1980,
§ 17-18; Ord. No. 13142, § 7, 2-11-10; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-44. - Enforcement.
(a) The department of code enforcement, its inspectors and the planning department shall have
concurrent jurisdiction for the proper and effective enforcement of this article under chapter 2, article
X entitled "Code enforcement."
(b) The enforcement agency shall immediately issue an order to cease and desist any work being
carried out in violation of this article or any permit conditions promulgated under this article. Upon
notice of such violation, no further work shall take place until appropriate remedial action is instituted,
as determined by the enforcement agency.
(c) In cases where tree removal is carried out without the necessary permit under the terms and
conditions of this article, the property owner shall be required to make application for an after -the -fact
tree removal permit and certificate of approval, if applicable. The appropriate reviewing agency may
grant an after -the -fact certificate of approval or tree removal permit only if it finds that the same
application would have rightfully been approved prior to removal of the tree(s), and that each tree
destroyed is to be replaced by trees of equal or greater value. Such replacement trees shall be
located on the subject site wherever practical, or they may be required to be located on public
property. Such replacement shall be assured by a performance bond or by a cash contribution to a
tree planting fund established by the city. If the conditions for an after -the -fact tree removal permit
are not fulfilled, the case shall be referred to the law department for appropriate action under
sections 17-41 and 17-42.
(Code 1967, § 64-17; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9769, § 1, 12-15-83; Code 1980,
§ 17-19; Ord. No. 13174, § 2, 5-13-10)
Sec. 17-45. - Fine.
Any person, or agent thereof, who removes a tree without a tree removal permit, shall be fined a fine
of up to $1,000.00 per violation, per day for the first violation, and shall be fined up to $5,000.00 per tree
for every repeat violation of this article, or a greater penalty as provided by law, and in addition undergo
the tree replacement process in the form of replacement trees pursuant to article I. Each tree removed
without a tree removal permit shall constitute a separate and distinct violation, subject to a separate fine
and tree replacement pursuant to article I.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-46. -Tree replacement required.
In addition to the monetary fine established above, the planting of replacement trees shall be
required. The number of trees required as replacement for each tree that was removed without a permit
shall be based upon chart 17.10.2.1, Tree replacement chart for trees removed without a permit. If the
total number of trees required as replacement trees 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
17.10.2.1 for the balance number of replacement trees that cannot be planted on the subject property.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-47. - Tree replacement for trees removed without a permit.
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Refer to the tree replacement chart 17.10.2.1 in article I.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-48. - Withholding of a new building permit.
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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 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 as obligee. The bond shall be in the amount
of ten 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 Ord. No. 13174.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-49. - Withholding of a certificate of occupancy.
The department shall not approve the zoning inspection required for a temporary or final certificate of
occupancy until all violations of this article have been corrected, including the payment of all fines and the
planting of all trees required as replacement tree mitigation, pursuant to this section.
(Ord. No. 13174, § 2, 5-13-10)
Sec. 17-50. - 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.
(Ord. No. 13174, § 2, 5-13-10)
Secs. 17-51-17-70. - Reserved.
ARTICLE III. - TREES AND SHRUBS ON PUBLIC PROPERTYm
Footnotes:
--- (3) ---
City Code cross references —Parks and recreation, ch. 38; streets and sidewalks: ch. 54; street grades
and lines for shade trees, § 54-51.
Sec. 17-71. - Authority of director of public works.
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The director of public works or his duly authorized representative, under the city manager, shall have
the general management and supervision of all trees, shrubs and plants embraced by this article.
(Code 1967, § 59-1; Code 1980, § 59-21)
Sec. 17-72. - Permits —Required to prune, plant or remove from public land.
It shall be unlawful for any person to trim or prune any tree, shrub, or plant or to remove any tree,
shrub, or plant from any dedicated street, alley, highway, public right-of-way, or easement, public land
lying between property lines on either side of a public street, highway, alley, public parking strip, public
street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the
city without first applying for and obtaining a permit from the director of public works or authorized
representative.
(Code 1967, § 59-2; Code 1980, § 59-22; Ord. No. 13087, § 2, 9-10-09)
Case Law reference —In suit against city for injuries sustained from electric shock incurred
while pruning trees on a city right-of-way for a private individual, where neither the injured party
nor his employer had acquired a permit as required and where both the injured party and his
employer knew a permit was required, the injured party was a trespasser as to the city, to whom
the city owed no greater duty than to avoid wilful and wanton conduct and, upon discovery of his
presence, to give warning of known dangers not open to ordinary observation. Norris v. City of
Miami, 367 So. 2d 1038.
Sec. 17-73. - Same —Required to break, injure, etc., in public highway or park.
No person shall, without a written permit from the director of public works, break, incline or in any
way deface any living tree, shrub or vine in a public highway or park, or cut, disturb or interfere in any way
with the roots of any tree, shrub or vine in a public highway or park.
(Code 1967, § 59-3; Code 1980, § 59-23)
Sec. 17-74. - Same —Issuance; charges.
The director of public works shall issue a written permit required by the two preceding sections to
any applicant, without charge, when it is determined that the action proposed is necessary or desirable
and not contrary to any city master plan for trees, shrubs or plants, and will be performed satisfactorily.
(Code 1967, § 59-4; Code 1980, § 59-24; Ord. No. 13087, § 2, 9-10-09)
Sec. 17-75. - Same —Contents.
A permit issued as provided in the preceding section shall contain the location approved, the action
allowed to be performed, the duration of the permit and any other requirements deemed necessary or
desirable by the director of public works to regulate the cutting, trimming or removal of any trees, shrubs
or plants within the city.
(Code 1967, § 59-5; Code 1980, § 59-25)
Sec. 17-76. - Placing guards during construction or repair of buildings.
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In the erection or repairing of any building or structure, the owner thereof shall place such guards
around all nearby trees, shrubs or vines in a public highway or park as shall effectively prevent injury to
them.
(Code 1967, § 59-6; Code 1980, § 59-26)
Sec. 17-77. - Placing injurious substances on or near roots.
No person shall throw or allow to be thrown any saltwater, oil or injurious substance upon any public
highway or park where such material may enter the ground at the roots of any public tree, shrub or vine.
(Code 1967, § 59-7; Code 1980, § 59-27)
Chapter 18 - FINANCE
Footnotes:
--- (1) ---
Charter reference— Powers of city to levy taxes, special assessments, § 3(a)—(c): power of city to
contract debts and borrow money, § 3(d): borrowing to erect and add to public buildings such as
hospitals, office buildings, city hails, etc., § 3(nn); borrowing to provide adequate waterworks system, §
3(no); borrowing to purchase, hire, maintain. operate or lease public utilities, § 3(pp); borrowing money for
engineering work necessary to effect public improvements, § 3(rr); budget and accounts for off-street
parking facilities to be separate. § 23(g); finance generally, § 27 et seq.; pension funds, § 37: suits
against city, § 44,
City Code cross references —Finance department, § 2-466 et seq.; management and budget department,
§ 2-491 et seq.; improvement districts, § 2-726 et seq.; city -owned property, § 2-776 et seq.; local
business taxes: ch. 31; parking rates, § 35-191; taxation, ch. 56,
County Code cross references —Taxation generally, ch. 29; presentation by municipality or taxpayer's
association to county tax assessor, etc., regarding overall assessments of real property in municipality or
in a general area, § 29-17: presentation by a municipality or taxpayer's association to county tax
assessor; etc., regarding personal property in a municipality or in a general area, § 29-31.
Law review references —Articles on validation of bonds in Florida, 8 Miami L,Q, 253, 10 Miami L.Q. 244;
article on special assessments in Florida, 10 Miami L.Q. 245; article on legal aspects of bond financing in
Florida, 6 Fla, L. Rev. 287; article on developments in revenue bond financing, 6 Fla, L. Rev. 385,
State Law reference— Municipal borrowing generally, F.S. § 166.101 et seq.; municipal finance and
taxation generally, F.S. § 166.201 et seq.; supplemental and alternative method of making local municipal
improvements, F.S. ch. 170; foreclosure of municipal tax and special assessment liens, F.S. ch. 173;
general financial provisions relating to political subdivisions of the state. F.S. § 218.01 et seq.; revenue
sharing, F.S. § 218.20 et seq.; local financial management and reporting, F.S. § 218.30 et seq.
{39830844;1}
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Rudy Alemany
Consulting services as well as design and installation. Also provides Tree Survey, Arborist Report, and
Tree Protection Plan that is required by the municipalities.
Owner
Illusion Landscape & Design
1992 — Present (24 years)
Certifications
FL Certified landscape contractor, Fl. Certified arborist
I.S.A., License F1.0257
Education
St. Thomas University
Finance, General
1986 — 1987
https://www.linkedin.com/edu/school?id=20243&trk=prof-edu-school-logo
Miami Dade College,
Landscape Technology. Horticulture, Horticultural Science
1984 — 1986
Volunteer Experience & Causes
Vice Chairman, 2008-2010
Commercial Urban Horticulture Advisory Committee, UF/Miami Dade Coop Extension Center
Advisor, 2001— 2007
Commercial Urban Horticulture Advisory Committee of the UF/Miami Dade Coop Extension Center
Advisor, 2001 — 2010
Miami Dade Community College - Landscape Technology Advisory Committee
Advisor, 2002 — 2006
Miami -Dade Public School, Division of Applied Technology, Agriscience & Natural Resource Education
Director, 2000 — 2004
Florida Nurserymen and Growers Association of Miami -Dade County (FNGA)
Secretary, 2002 — 2003
Florida Nurserymen and Growers Association of Miami -Dade County (FNGA)
Advisor, 2003 — 2004
Committee for the Commercial Ornamentals Program UF/Miami Dade Coop Extension Service
Member, Exhibitor, Vendor, Volunteer, 2000 — Current
Miami -Dade County Youth Fair
Begin forwarded message:
Submitted into the public{�
record f r ite (s) Z, ZZ
on I b % City Clerk
From: imcmglades@aol.com
Subject: Re: 2958 Bird Ave - HEPB Resolution Appeal - Meeting
Date: October 7, 2016 at 3:45:56 PM EDT
To: wlessbergkonig(cr�gmail.com
Cc: goguntoyinbo@miamigov.com
Mr. Konig,
I apologize for the delayed response. Went to my brother's to help him with hurricane
preparations and to help break everything down after the storm passed. We all really lucked
out.
Thank you for requesting that public works allow you to bow the sidewalk around the oak tree
on the Jackson Avenue side of the property. My understanding is that in the revised plans,
which will include the bowed sidewalk, you are also including "all details regarding the location
and materials to be used in the construction of the driveways and walkways near the
tree." Please include in the plan the exact location of the underground utilities and any
fences/walls and gates proposed for the area within 20 feet of the trunk of the oak tree. Thank
you.
The Grove Tree -Man Trust is always willing to discuss our concerns regarding plans for tree
removals, mitigation and how proposed development will impact tree(s) proposed to remain
and work towards an agreement. In this case you and I met for more than an hour, reviewed
your plans and walked the site four months ago. We have talked over the phone four or five
times and emailed many times over the past four months. What is needed now are plans that
can be reviewed by the Trust that have been approved by the city and are acceptable to you. It
doesn't do anyone any good for the two of us to come to agreement on something and then
find out that Environmental Resources or public works has a problem with it. It may be
something as simple as requiring a different species, spacing the trees differently or replacing
canopy trees with palm trees. Certain materials may not be acceptable to the city for use in
sidewalks or driveways. We need to find out what is acceptable to the city before the Trust
reviews the plans and we meet.
Please forward the revised plans to me after the city has approved them. Thank you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 10/4/2016 11:50:10 P.M. Eastern Daylight Time, wlessbergkonig(gmail.com writes:
Submitted into the public
record fqr iterjn(s) Y
1,
on I U 1 C 1 1 I b City Clerk
Good evening Mr. McMaster,
I have been informed by the City of Miami of your recent appeal to the HEPB's resolution denying
your previous appeal to the City's intended decision for a tree removal permit.
It is unfortunate that having been very close to an agreement during the hearing, the opportunity was
finally missed due to the HEPB's decision.
After reading your appeal it appears to me that there is good reason to believe that an agreement is
still possible.
If I recall correctly, you said during the hearing that your were prepared to accept the landscape plan
designed by my landscape architect, Mr. Herbert Martin, that I had sent you before the
hearing. Should you still be of the same opinion, I would gladly submit this plan
with whatever modifications we may agree upon to Environmental Resources for their review and
approval.
With respect to your concerns about the protection of the remaining oak tree on the Jackson side of
the property, we have obtained the approval from Public Works to bow the sidewalk away from the
tree. Environmental Resources has given their support to the proposed plan that is being finalized by
my architect for preliminary approval by PW. The plan contains all details regarding the location
and materials to be used in the construction of the driveways and walkways near the tree. Once the
plan is complete I will forward to you.
I would like to propose to you to have a meeting at the City of Miami, with the presence of Mrs.
Quatisha Oguntoyinbo-Rashad (she would be there for consultation and not to mediate in any form)
next Wednesday, October 12, to revise the proposed landscaping plan as well the meandering
sidewalk plan in order to reach a compromise.
I strongly believe that there is much to be gained by meeting and discussing the above mentioned.
I would very much appreciate if you could advise your time availability for next Wednesday.
Thank you.
Best regards,
Walter Lessberg-Konig
Lincoln Grove Holdings LLC
Cell: (305) 788-3638
Begin forwarded message:
From: jmcmglades(a aol.com
Subject: Re: 2958 Bird Ave - Intended Decision/Appeal - Meeting
Date: September 7, 2016 at 10:05:06 PM EDT
To: wlessbergkonic gmail.com
Cc: goguntoyinbo@miamigov.com, KBrudzinski@miamigov.com
Mr. Konig,
Submitted into the public."
record fin ite (s)
on 11,'1 1 / . City Clerk
The Grove Tree -Man Trust (Trust) is dedicated to preserving the tree canopy of Coconut Grove.
When reviewing the impact of a development on the canopy we look at which trees can be
reasonably retained on site and if there are mitigation trees how many and what species can be
reasonably mitigated on site. In early June 2016 we met, reviewed your plans for 2958 Bird
Avenue, and then walked the property. I informed you then that the Trust had no objection to
you removing and mitigating the oak tree on the Bird Avenue side of the property but that the
Trust would require that certain actions be taken to ensure that the oak tree on the Jackson
Avenue side of the property wasn't damaged irreparably by the construction. Our concerns
included but were not limited to the location of underground utilities, requesting that the City
of Miami allow you to bow the sidewalk away from the tree and the location and materials
used to construct the two driveways and walkways near the tree.
On 6/9/16 you wrote an email to me, cc'ing Mr. DeLoach of the City of Miami, recapping some
of the Trust's concerns. You wrote that: " 3) A pair of notes from the project's architect regarding
location of sewage lines connecting to street hook-up as well as a description of the method of
construction of driveways will incorporated in the Landscaping Plan in order to provide assurances of the
necessary protection for the root system of a large live oak tree located on the Jackson avenue side of
the property."
On 6/30/16 you wrote an email to Mr. DeLoach cc'd to me stating: "I believe Mr. McMaster still has some
concerns about the mitigation of the trees that I hope you will be able to address with him."
"He also expressed his concern about the protection of the root system of a large Live Oak tree on the
Jackson Av side of the property."
"I will be meeting with the architect this afternoon to incorporate some notes onto the proposed
landscaping plan that will detail the safeguards to be taken when installing the sewage and water
lines that connect to the utility's hook-ups in order to protect the root system of the above -mentioned
tree.
The Grove Tree -Man Trust still has not received any of the information regarding oak tree #29 on the
Jackson Avenue side of the property that we've been asking for and promised since early June. Until
we receive this information we are unable to complete our review of your proposed tree disposition
and mitigation plan.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 9/7/2016 9:36:18 A.M. Eastern Daylight Time, wlessbergkoniq a dmail.com writes:
Good morning Mr McMaster,
We are just 2 days from the hearing and we simply have no more time to go back and forth with emails.
As I stated to you from day one, my intention has been and is to reach an agreement that will allow you
to withdraw the appeal to the City's intended decision.
Submitted into the public O
record fctr ite (s) I
on ital[ tv . City Clerk
From your comments on the newly proposed plan it appears that you would no have major objections. So
the obvious question is whether this plan is acceptable to The Grove Tree -Man Trust.
Given the time constrain, I would like to propose a meeting with you, the Environmental Resources
Department and myself to try reach a final agreement on this case.
If you agree to that, would you please provide Mrs. Quatisha Oguntyinbo with your availability today and
tomorrow.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
Begin forwarded message:
From: Walter LK <wlessbergkonig(gmail.com>
Subject: Re: 2958 Bird Ave - Intended Decision/Appeal - New Landscape Plan
Date: September 6, 2016 at 11:48:01 AM EDT
To: imcmglades(a�aol.com
Cc: boguntoyinbo(a miamigov.com, DDeLoach(a miamigov.com
Mr McMaster,
I have consulted the landscape architect about your question about the species of Livistona. His
response is:
"There are other species of Livistona. Livistona decipiens, Ribbon Palm, & a lesser known/lesser
available Livistona australis, Australian Ribbon Palm."
I hope this answers your question.
Thank you,
Walter Lessberg-Konig
On Sep 5, 2016, at 11:33 PM, jmcmglades(aaol.com wrote:
Mr. Konig,
I apologize for the delayed response. The Grove Tree -Man Trust has reviewed your proposed
tree mitigation/ landscape plan for 2958 Bird Avenue. We have some questions.
During our last phone conversation I think you told me that the 14 mitigation trees labeled
Livistona chinensis /Chinese fan palm are another species of Livistona. If that is correct, what
species are they?
Submitted into the public
record r it (s) , 1l.
on City Clerk
You are proposing to install trees in the 5'side yards of the four units. Please send us the east
and west elevations of the two buildings in order to confirm that there are no eves, overhangs
or projections of the buildings that extend into this 5' space.
We have discussed in detail the importance of protecting Live Oak #29. At our first meeting I
requested that you seek permission from the Department of Public Works (DPW) to curve the
sidewalk away from the oak tree. This is routinely done in the City of Miami, especially in
Coconut Grove. The sidewalk on the plans runs along the property line. Did the DPW reject your
request to bow the sidewalk out away from the oak? Have the DPW and the Zoning
Department approved a waiver to allow the construction of the four driveways as depicted on
the proposed tree mitigation/ landscape plan?
Where will the underground utilities be located? This was also discussed at our first meeting.
In order to be able to determine the impact of the proposed development on Live Oak #29 we
need detailed plans of the south end of the property that include the driveways, walkways,
fences and any proposed improvements that may impact the oak tree. Thank you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 9/5/2016 3:51:10 P.M. Eastern Daylight Time, wlessbergkonig@gmail.com writes:
Mr McMaster,
I have not received any feedback yet on the new landscaping plan sent to you last Thursday afternoon.
Given that we are just 3-4 days away from the date of the hearing, I would appreciate if could provide The
Grove Tree -Man Trust's comments so as to try to move the process forward.
Please advise on when you will be sending this information.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
On Sep 1, 2016, at 6:48 PM, jmcmgladesaol.com wrote:
Mr. Konig,
Received and passed on for review and comment. Thank you. Will write you a more detailed email later
this evening.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
Submitted into the public ]
record fpr item(s) VC, 11
on 1 b I Z7 / ( • City Clerk
In a message dated 9/1/2016 3:03:11 P.M. Eastern Daylight Time, wlessbergkonig(a gmail.com writes:
Good afternoon Mr.McMaster,
As per my last email below, please find attached a draft of the redesigned landscaping plan.
I apologize for the delay. This was due to computer technical difficulties that the landscape architect has
been experiencing since yesterday. As soon as he resolves this, I should receive an email from him
with an explanation of the logic behind the new design. I will forward this you as soon as I receive it.
You will notice that this new design reduces the number of trees as well as their size and includes a
contribution to the City Tree Trust to fully meet the mitigation requirements.
I sincerely hope that we will be able to use this plan as the basis for a final version that will satisfy The
Grove Tree -Man Trust's concerns of a more sustainable mix of species and sizes on the site.
I look forward to the Trust's comments.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
From: Walter LK <wlessbergkonig(c�gmail.com>
Subject: Re: 2958 Bird Ave - Intended Decision/Appeal -Update
Date: August 31, 2016 at 11:46:27 AM EDT
To: jmcmglades(a�aol.com
Cc: qoguntoyinbomiamigov.com, DDeLoachmiamigov.com
Mr. McMaster,
I believe the landscape architect should have an opportunity to present his revised plan to the people who
are going to review it and engage in a productive dialogue with them in order to reach common ground
and reach an agreement during such meeting. I feel that we do not have sufficient time to start going back
and forth between them and the landscape architect.
However, in the spirit of cooperation and our willingness to find a solution, I will be emailing the plan later
this afternoon so that you can forward immediately to the The Grove Tree -Man Trust members for review
and comment.
The architect is currently doing some final revisions on the plan based on my discussion with him earlier
this morning. He expects to be sending it to me today at around 3pm-4pm. As soon as I receive it I will
email it to you.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
Submitted into the public p record or it m(s)
on L l City Clerk
Begin forwarded message:
From: jmcmglades(a�aol.com
Subject: Re: 2958 Bird Ave - Intended Decision/Appeal -Update
Date: August 30, 2016 at 1:20:06 PM EDT
To: wlessbergkoniggmail.com
Cc: goguntoyinbo(cr�miamigov.com, DDeLoach c(r7miamigov.com
Mr. Konig,
As noted below the fastest way to do this is for you to forward the revised landscape plan to me via
email as soon as you receive it. I will pass it on to Trust members immediately for review and comment.
After their review and comment, which will take a day, I will be happy to meet with you and the landscape
architect on -site to go over the revised plan. I am able to meet any afternoon or evening this week that is
convenient with the two of you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 8/30/2016 12:10:36 A.M. Eastern Daylight Time, wlessbergkonig(gmail.com writes:
Mr. McMaster,
I should have the new landscaping plan by tomorrow Tuesday.
In the interest of time and in order to keep things simple I propose (as I had originally done already
in the email below dated August 18) that we have a meeting during which the landscape architect
can present the plan to The Grove Tree -Man Trust members and we can discuss whatever changes
and modifications may be necessary to reach a final agreement at that very moment.
I would very much appreciate if you could arrange for such a meeting for Wednesday or Thursday.
This would allow us to possibly submit the agreed landscaping plan to the City of Miami by Friday
and that way give the Environmental Resources Department sufficient time to review and approve
the plan before the hearing next week.
I look forward to hearing from you.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
Submitted into the public
record fqr itepn(s)
on
On Aug 27, 2016, at 9:47 PM, jmcmglades(c�aol.com wrote:
Mr. Konig,
City Clerk
When your landscape architect sends you the new landscape plan please email it on to me so I can send
it to Trust members for review and comment. After their review and comment, which should only take a
day, I will be happy to meet with you and the landscape architect on -site to go over the new plan. I am
able to meet any afternoon or evening next week that is convenient with the two of you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 8/25/2016 10:49:17 P.M. Eastern Daylight Time, wlessbergkonig(k mail.com writes:
Good evening Mr. McMaster,
I wanted to give you update on the status of the revised landscaping plan and coordinate a meeting with
you for early next week.
As per our last conversation, I have hired a landscape architect that is currently working on a new
landscaping plan that will address The Grove Tree -Man Trust's concerns as expressed on the appeal of
the City's intended decision. He has already visited the site and is working diligently in trying to finalize a
first draft as quickly as possible.
The architect expects to have the plan ready for your review between this coming Monday or Tuesday at
the latest.
Given that we have not much time before the hearing, I would like to meet with you next Tuesday so that
the landscape architect can present and explain his proposed plan to you in order to have a discussion
that will allow us to craft an agreement that can be presented to the City for review and approval as early
as possible.
I would very much appreciate if you could let me know your availability for next Tuesday.
Thank you again.
Best regards,
Walter Lessberg-Konig
Cell: (305) 788-3638
Begin forwarded message:
From: Walter LK <wlessbergkonig(a gmail.com>
Subject: 2958 Bird Ave - Intended Decision/Appeal -Update
Date: August 18, 2016 at 9:11:20 AM EDT
Submitted into the public (�
record fpr iterp(,$) 1"
7. , ZZ
on 1 1; 1 11I, City Clerk
To: "Oguntoyinbo-Rashad, Quatisha" <goguntoyinbo(amiamigov.com>
Cc: jmcmglades@aol.com
Good morning Quatisha,
I would like to inform you that Mr. McMaster and I had a lengthy phone conversation last evening in
which we discussed a roadmap to help us try to find a solution to this case before the date of
the hearing at the HEPB.
We agreed on the following:
a) I will be engaging a landscape architected to evaluate the current design and how to best address
the The Grove Tree -Man Trust's concerns of an inadequate number of trees at the site.
b) Immediately upon completion of a first draft of the revised landscaping plan it would be presented
to The Grove Tree -Man Trust for their feedback and opinion. This resulting discussion should pave
the way for a final mutually agreed landscaping plan acceptable to both parties.
c) Upon completion of a final draft of the newly redesigned landscaping plan it would be presented to
your Department for review and approval.
d) Should this plan receive your Department's approval, I would kindly request a meeting with you
and Mr. McMaster to discuss the different alternatives to have this matter resolved before or at the
HEBP hearing in order not to further delay the issuing of the tree permit as per the Intended
Decision.
I would appreciate your comments and feedback regarding this roadmap.
Thank you very much for all your help with this case.
Kind regards,
Walter Lessberg-Konig
Begin forwarded message:
From: Walter LK <wlessbergkonig(c�gmail.com>
Subject: Re: 2958 Bird Ave - After-the-Fact/Tree Removal permit Intended
Decision App...
Date: August 17, 2016 at 4:39:49 PM EDT
To: jmcmglades@aol.com
Will do, thank you!
On Aug 17, 2016, at 4:22 PM, jmcmglades@aol.com wrote:
Submitted into the public
record f r ite s) p Z 4 f,l,
on I rl City Clerk
Mr. Konig,
Please call me at 6:30 PM. Thank you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 8/17/2016 3:35:13 P.M. Eastern Daylight Time, wlessbergkonigAgmail.com writes:
Mr. McMaster,
Thank you for your prompt response to my voicemail. I really appreciate it.
I am available to speak any time after 6pm today.
If you can, please let me know an approximate time so that I can make sure I'll have a quick access to a
quite location to be able to speak without any noise or disruption.
Look forward to talk you this evening then.
Best regards,
Walter Lessberg-Konig
On Aug 17, 2016, at 1:25 PM, imcmglades@aol.com wrote:
Mr.Konig,
Just picked up your voice mail. Can't speak this afternoon but can speak this evening. What time are you
able to speak this evening?
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
From: wlessbergkonig(gmail.com
To: imcmgladesaol.com
CC: ddeloachmiamigov.com
Sent: 6/9/2016 11:36:11 A.M. Eastern Daylight Time
Subj: 2958 Bird Ave - After-the-Fact/Tree Removal permit Intended Decision Appeal
Dear Mr. McMaster,
First of all I wanted to thank you for the meeting that we had earlier this week to discuss The Grove Tree -
Man Trust's concerns regarding the city's Intended Decision at 2958 Bird Avenue for the removal and
mitigation (including 25 alms after the fact).
Submitted into the public`,
record f' r ite () 1"Z,11,
on i b 1 Zr1 ) • City Clerk
I wanted to let you know that yesterday I met with Mr. Daviwlesssd DeLoach from Environmental
Resources to precisely discuss all the issues that you had expressed to me regarding this matter.
As as result of this discussion and thanks to Mr DeLoach' suggestions and expert advice I feel very
confident that I will be able to address all your concerns with a solution that will satisfy The Grove Tree -
Man Trust.
Let me briefly recap the main items:
1) After -the -Fact Mitigation for the removal of Gumbo Limbo without a permit. The mitigation requirements
will be added to the ones of the original 25 palms. (Mr. DeLoach has already informed of the precise
requirements).
2) A revised Landscaping Plan will be submitted to Environmental Resources for their review. This plan
will propose a less "crowded", more balanced tree area in the back of each one of the 4 townhomes that
will allow for more space for the trees to grow and thrive.
3) A pair of notes from the project's architect regarding location of sewage lines connecting to street hook-
up as well as a description of the method of construction of driveways will incorporated in the
Landscaping Plan in order to provide assurances of the necessary protection for the root system of a
large live oak tree located on the Jackson avenue side of the property.
I believe these are your primary concerns as far as I understand. Please let me know if I have forgotten
any.
I already have my arborist/landscaper working on a revised landscaping plan that will incorporate the
necessary changes mentioned above.
As soon as I have a preliminary draft I will contact you so that you provide your feedback.
I am working diligently so that we can everything agree upon and submitted well before the next HEPB
Hearing on July 5.
Please confirm that you have received this email. Thank you.
Best regards,
Walter Lessberg Konig
Cell: (305) 788-3638