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City of Miami
Legislation
Ordinance 13670
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1399
Final Action Date: 3/23/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ENVIRONMENTAL PRESERVATION", TO CLARIFY PROCEDURES FOR THE
TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on May 13, 2010, the City Commission adopted Ordinance No. 13174 in
order to promote Tree protection and environmental preservation and address the stewardship
of the living features in the City of Miami, Florida ("City"), which includes its topographic,
geological and landscape features; and
WHEREAS, on June 23, 2011, the City Commission adopted Ordinance No. 13274 to
address foliage and root pruning of Trees in the City; and
WHEREAS, these regulations concern architectural, aesthetic, environmental, cultural,
and historic concerns within the City; and
WHEREAS, the protection of the Tree canopy and environmental features within the City
is of paramount importance; and
WHEREAS, the current iteration of Chapter 17 of the Code of the City of Miami, Florida
("City Code"), as written, is cumbersome to interpret and lacks clarity in certain portions thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation" is
amended in the following particulars:1
"ARTICLE I.
TREE PROTECTION IN GENERAL
Sec. 17-1. Intent and purpose.
c
L
1
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall L &
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami
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1399-Legislation-SUB
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Enactment Number: 13670
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, planting and trimming of trees,
The purpose of this article is to assure that the design and construction of all development
activity is executed in a manner consistent with the preservation of existing trees to the
greatest extent possible.
Sec. 17-2. Definitions.
For the purposes of this article, the following words and phrases shall have the meaning
respectively ascribed to them by this section-. Definitions for industry terms are based on the
American National Standards Institute A-300 Standards for Tree Care Operations - Tree, Shrub,
and other Woody Plant Management - Standard Practices (most recent edition; containing all
Parts); International Society of Arboriculture Glossary of Arboricultural Terms (most recent
edition); and University of Florida Institute of Food and Agricultural Science Bulletin SS-FOR-11
Forest Terminology for Multiple -Use Management.
American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300
Standards"): is a A tree manual which establishes performance standards for the care and
maintenance of trees, shrubs, and other woody plants. These are the industry standards for
Arboriculture or Urban Forestry used by the industry and many governing agencies as the
minimum standards of practice for care and maintenance of Trees, shrubs, and other woody
plants. These are the generally accepted industry standards for Tree care practices written by
the Tree Care Industry Association (TCIA) to develop consensus performance standards for
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 Tree permit.
Arboriculture: The cultivation, management, and study of woody plants, especially Trees.
and is well versed in the art of arboriculture, including tree surgery, the prevention and cure of
+ d c anil the eon l seotir.
lT=.4���eRvcO ,
Bark: Protective outer covering of branches and Stems outside of the cambium.
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.
Cambium: A thin layer of cells under the Bark of Trees that produces growth of new tissue.
Canopy: The collective branches and foliage of a Crown of a Tree or group of Tree Crowns,
usually represented as Canopy diameter measured across the Canopy from Drip Line to Drip
Line at an average Canopy width.
Canopy Coverage: The aerial extent of ground within the Drip Line of the Tree, usually
represented as square feet of Canopy area.
Certificate of approval: A written document permitting tree removal or development activity
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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 subsSection z3 5(1) 23-6.2 of the City Code, as amended.
Certified Arborist: Also known as a ISA Certified Arborist. A person who has successfully
completed the testing program administered by the International Society of Arboriculture (ISA)
to be an ISA Certified Arborist, with a current valid Certification Number. This person must be
trained and knowledgeable in all aspects of Arboriculture as relevant to the conditions of Trees
within the City.
Certified Arborist Report: A report issued by a Certified Arborist that, at a minimum, shall contain
data for each existing Tree in the applicable Tree Boundary Survey as follows: species; DBH as
defined herein; height; Canopy spread; health condition; opinions regarding current conditions
recommended Tree Activity, if any; and color photographs of Trees which shall depict sufficient
detail to support the opinion of the Certified Arborist.
Code Compliance: The department responsible for the enforcement of the City Code, as further
described in Chapter 2, Article X.
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.
Construction: See Development activity.
Controlled tree species: These Thee species listed in the most recent edition of the Miami
Dade County Landscape Manual which can become invasive in tend to become nuisances
because of their ability to invade proximal native plant communities or native habitats, but
which, if when not located in and cultivated properly, may be useful or functional as elements
of as part of a managed landscape design.
Critical Root Zone: Also known as a CRZ. The CRZ is as large or larger than the minimum
recommended Root area for a Tree as stated in the ANSI A-300 Standards for transplanting
Trees, usually measured and presented as Root ball diameter.
Crown or canopy: The Hp -per -part of a tree, as .iced from the Fo vee.t bra oh e „ in all
branches and foliage. A portion of an individual Tree above the main Stem, consisting of live
branches and foliage.
Crown Cover: The percentage of a given area that is covered by the vertical projection of the
Crowns of Trees.
Diameter at Breast Height ("DBH"): The diameter at breast height of a Tree trunk, measured at
four and one half feet (41A') above ground level (surface grade or soil grade). In the case of
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multi -stemmed Trees, the DBH is a calculation of the sum of the DBH of each trunk measured
at four and one half feet (4W) above ground level.
Dead tree: A tree which has no vital functions. A Tree which is not actively transporting water
and nutrients from Roots to leaves, and is exhibiting symptoms such as decay, brittleness, rot,
non -seasonal defoliation, substantial loss of its branches, or other signs of substantial
deterioration.
Department: The department of rode. enforce. zeht, that .lepartmentl ffice i hioh the
inspectors as defined in chapter 2, articleX are located Planning and Zoning, which is
responsible for review and issuance of Tree permits.
Development activity: The carrying out of any building construction that requires issuance of a
permit by the City, including without limitation budding construction, additions (including but
not limited to additions of carports, pools, decks, fences, driveways, and parking lots),
modifications --oft 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 trce'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
Drip line:
tree branches and extending to the ground. The area defined by the outermost circumference
of a Tree's branches where water drips from and onto 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 bccn introduced from another country or
geographic other regions, -and outside its natural range, which may become naturalized or
invasive, is not native to the fegio„ to r;.hich it i trod merl but is not native or indigenous to a
region.
Exotic Species: A Tree that is not native or indigenous to a legion and may be invasive.
Fatally diseased tree: A tree has a condition that irftifs its normal functioning, as manifested
is no know effective cure or treatment. which that has been identified with a disease that is not
curable by known industry standard pest control treatments or has visible damage from a
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disease and may include secondary stresses related to a disease. A Fatally Diseased Tree may
be considered a High -Risk Tree.
Florida Grades and Standards: The standards for determining the quality of nursery stock being
grown, sold and/or used in landscape projects in Florida. These are based on the Grades and
Standards for Nursery Plants as published by the most current edition of the Florida Department
of Agriculture and Consumer Services.
Girdling:
d movement of carb hydrates r-irdling , e� 4- kill o troo. Tree Abuse in the form of
restriction or destruction of the vascular system within a Root, Stem, or branch of a Tree that
causes inhibition of the flow of water and nutrients, usually accomplished by removal of Bark
and Cambium around all or most of the circumference of a Tree branch or Stem.
Grade: The ground level of a subject ,property m firing the degree of ri&e or da rent of a
sloping surface.
Hatracking (topping): The reduction of tree size using iRtcr-,odal-mac ` eis tt regarri tootree
health or structural integrity. Also known as Topping. A form of Tree Abuse in the form of the
reduction of Tree size using heading cuts that shorten limbs or branches back to a
predetermined Crown limit. Hatrackinq involves indiscriminate cutting back of branches between
nodes.
Hazardous trcc: A tree with the potehtial t„ fniI or fall in an env nt that m n}Fib„to
that failure, and such that a-perccen ar-&34ecit-eould be injured er damaged hat f-a4 ge
abated by other moans (i.c. pruning-, trimming, fruit removal, removal of hazardous limbs).
High -Risk Trees: A Tree that is in a location where risks to persons or property exist, including
Trees that have an identifiable part or parts with a high potential for failing and a high potential
to strike a foreseeable target resulting in significant consequences within a short time -frame.
The determination of whether a Tree is a High -Risk Tree shall be made by the Department upon
assessing the supporting risks.
Homestead Property: A property that receives a homestead exemption as determined and listed
by the Miami -Dade County Property Appraiser's Office. This exemption must be current to be
applicable.
Homestead Resident: A person or persons living in a residence that receive a homestead
exemption as determined and listed by the Miami -Dade County Property Appraiser's Office.
This exemption must be current to be applicable.
Internode/Internodal: The region of a Tree's Stem between two (2) successive nodes; length of
a branch or Stem growing between the Nodes.
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.
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Lion's Tailing: A form of Tree Abuse in which the removal of an excessive number of inner,
lateral branches from parent branches results in a Tree having the maiority of foliage in the
outer portions of the Canopy.
Main Stem (or Main Trunk): The portion of a Tree between ground level and the point of division
into major branches.
Native tree species: Plant species with goographi rl stribindigene„s to all . a4- f
n1ia„-,i_D d„ Cee ty Plant which are ,de _,d ed m being native to Miami Dade Cflu+ ty in
botanical manuals such as, the Miami Dade County Landscape Manual, arc considered native
plant species within the moaning of this definition An indigenous species that is normally
found as part of an ecosystem. A species present in a defined area or region of the United
States prior to European settlement.
Node: Slightly enlarged portion of a Stem where leaves and buds arise.
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.
Palm (or Palm Tree): Monocotyledonous plant of the Palmacea family. A type of Tree that is an
un-branched evergreen Tree of tropical and warm regions, with a Crown of very Ionq feathered
or fan -shaped leaves, and typically having old leaf scars forming a regular pattern on the Trunk.
Person: As per the definition set forth in section 1-2 of the City Code.
Prohibited tree species: _Those tree apeoia that ore rdet i - r,te4 to native pants, native
wildlife ecncystem and human health saw e.r welfare. Profited tree species includes
those designated in the Miami Dade County A species of Tree listed as a prohibited species in
the current edition of the Landscape Manual a^u the Flees ReniaminalWeeding F-ig as well as
Weeping Fig Trees (Ficus beniamina).
Manual.
Pruning/trimming: The selective cutting of tree er plant ports clone to ennoura e n ,.wth .
bettor flowering• to remove olrl stems Of deadweed; or to shade trees aeeordtng to the
•
ANSI pry u
or m triming of tsee(s) not i pfia With S300 Standards.
Public Right -of -Way: See Right -of -Way as defined in Section 55-1 of the City Code, as
amended.
Registered Landscape Architect: A Person who holds a license to practice landscape
architecture in Florida as authorized by Chapter 481, Florida Statutes.
Replacement or replacement trees:
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this articloAlso known as Mitigation Tree. Trees that are proposed to be used as replacement
for Trees being removed from a property.
Root: The part of a Tree, usually underground, that anchors the Tree to the ground and also
absorbs and conducts water and nutrients to all parts of the Tree.
Root pruning: selective trimming of the plant roots to meat epooif' goa and objective f^r
Fe oval-ef more than ton-pest-af a tree r systei The cutting of Roots to limit their
vertical or lateral growth, the process of pre-cutting Roots behind the line of aplanned
excavation to prevent tearing and splintering of remaining Roots, any removal of Roots one inch
(1') in diameter or greater, andlor the removal of more than ten percent (10%) of a Tree's Root
system. Root Pruning of more than ten percent (1 O%)) of a Tree's Root system requires a Tree
Permit,
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 andlor
unique landscape features that is cf substantial environmental or scenic importance to
residents and visitors.
Shrub: A woody, perennial plant separated from a Tree by its lower mature height [generally
under twenty feet (20')1, and showing the lack of a well-defined main Trunk, often multi -
stemmed.
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 practices or procedures of landscape nurseryies that meet or
exceed the Florida Grades and Standards work that comply with the standards set by the
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 tho
tree or its root system. Spiking is often used to kill a tree. A form of Tree Abuse in which there is
the hammering or affixing of metal or other material into a Tree to harm the Tree or lower its
commercial value, or any damage to the Trunk of a Tree caused by use of climbing spikes.
Spread: The average diameter of the crown. The average diameter of the Tree Canopy or
Crown as measured across the Canopy in at least two (2) directions from Drip Line to Drip Line
of farthest reaching branches.
ground, which scrder_}o support the tree and transport and st. f d at al
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Specimen tree: A-tFcc with any individual tr-bink or a multiple trunk tree, the sum of the
diameter of the trunks having a diameter at brcyact 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,
(2) Non native species of the genus Ficus; and
(3) All trees in the palm family.
A Tree that is equal to or larger than eighteen inches (18") DBH. Trees that do not qualify as
Specimen Trees are Palms, non-native Ficus species, or any non-native fruit Tree cultivated
as a prove Tree for commercial production of fruit.
Stem(s): The principal axis or wood structure of a plant from which buds, shoots, foliage, and
branches develop.
Tree:
covers. Palms shall have a minimum height of 1 A feet in order to be cla ified a a free. A
woody perennial plant, including Palrns, usually having only one (1) dominant Trunk and a well-
defined Stem or Sterns carrying a more or less definite Crown, usually having a mature height
greater than sixteen feet (16'). A Tree regulated under this Chapter must have a minimum size
of twelve feet (12') overall height with a DBH of two inches (2") or larger. A Palm regulated
under this Chapter must have a minimum height of sixteen feet (16') overall with a DBH of six
inches (6") or larger.
Tree abuse: Tree abuse shall include:
(1) Damage inflicted to any part of a tee, ins #ing the root system, by machinery,
construction cquipmont, cambium layer penetration, storage of materials-,
(2) Hatracking;
(3) Girdling, spiking or bark removal of the trunk;
(4 g tochniques which remove more than 25 percent of the canopy GFeWn-ef
living foliage of a tree or otherwise are not in aoeordonce with the ant ANSI A300
Standards uniesc - mit fro n the city is obtained;;
(5) Excessive root cutting unless a permit from the city is obtained.
Action that damages a Tree and/or parts of a Tree. Generally, any Tree activity beyond or
against those described in the ANSI A-300 Standards. Examples of Tree Abuse include but are
not limited to Hatracking, Spiking, Lions Tailing, Tree Removal (without a permit), pruning more
than twenty-five percent (25%) of a Tree Canopy in one (1) annual growing season, Root
Pruning that destabilizes a Tree, Girdling, damaging and/or removing sections of Bark, and
damaging and/or removing sections of Cambium.
proper tree care and growth. Trimming of the -canopy, crown or living foliage of a tree.
Tree Activity: Work that will affect a Tree on a property which includes Tree Removal, Tree
Pruning more than twenty-five percent (25%), and Root Pruning more than ten percent (10%) or
trimming of a Root more than one inch (1") in diameter.
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Tree Boundary Survey: A survey such as a topographic survey that establishes property lines
and corners of a parcel of land and also locates natural features such as Trees and streams as
well as man-made features such as buildings, fences, improvements, land contours,
easements, and utilities. Tree Boundary Surveys shall be prepared by a professional land
surveyor.
Tree Permit: A permit which is required for any Tree Activity.
Tree Protection Barriers: Barriers, fences, or barricades that are placed around existing Trees to
provide protection during construction on a subject property. Examples are contained in the
Tree Protection Specifications and Tree Protection Details as described in the Landscape
Manual and ANSI A-300 Standards.
Tree Protection Bond: A monetary bond that guarantees specific Trees be protected and will not
be harmed by the construction project and, if harmed, the party will reimburse for the loss.
Tree Protection Zone ("TPZ'): An area defined by a Certified Arborist surrounding the Trunk of a
Tree to protect Roots and soil within at least the CRZ area. This area is necessary to protect
Tree health and stability. The TPZ is an area within which certain activities are prohibited or
restricted, especially during construction or development activity.
or for pwuning wh^ch othepAis.e rot i accordance with the ANSI A 300 Standards.
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
Tree Pruning: Also known as Tree Trimming. The selective cutting of Tree parts done to
remove branches or parts of branches from a Tree's Crown.
Tree removal: The act of cutting down, destroying, moving, relocating, or effectively
destroying through damaging, any tree situated on any real property or public property within
the city.
the city, unless exempted by section 17 11.
Tree Value: The appraised monetary value for a Tree as calculated by an ISA Certified Arborist
who is specially trained and experienced as a Tree and Landscape Appraiser. Appraisals shall
utilize the Trunk Formula Method within the replacement cost approach of valuation as
described in the most recent edition of the Guide for Plant Appraisal published by the
International Society of Arboriculture. Tree Value may be used to determine reasonable
mitigation requirements for Specimen Trees removed without a permit and/or Specimen Trees
effectively destroyed during construction, including Trees permitted to be preserved or remain
on site that are subsequently effectively destroyed, and may be used as an alternative to the
replacement Tree table for mitigation requirements for Specimen Trees being permitted for
removal, as approved by the Department.
Trunk: The main or central stem of a Tree.
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preeessesaieled---R-for a rease-Rebtc period of time-.
Vigor: The capacity of a Tree to prow and resist stress; growing in a healthy condition.
Sec. 17-3. Applicability.
(a) The provisions of this article shall apply to all public or private property within the city,
unless expressly exempted by law.
(b) All Tree Activity as defined in this Chapter require a Tree Permit as described herein.
,i c ..,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
work .dirooter or the rlirooto of the dep. _ + ode enforcement Director of the
Department or his/her designee 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.
(d) All trees located within environmental preservation districts shall also be subject to the
requirements of article 2 of this chapter.
Palms with a D-B1-1-ef--ci444thes-and-a-lq-eig-h4-e4er--1-6-feet-s,Ifiail--a-ise-laa-s.ulafeet--te-theee
fcquircmcnts.
(e) 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.
(f) All mangrove trees and any tree located upon land which is wetlands as defined in F.S.
§ Section 373.019, Florida Statutes, 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.
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 engage in Tree Activity on any property described in section 17-3
of this Article without first obtaining a tree removal permit and unless exempted by section
17-11 of this Article.
(2) A_tree pruning perFe-it shall be reg eel for the pru nin of more than 25 percent of the
canopy, crown or living foliage of a tree within an ate-1 grewi-n-g season or one year
period. A Tree Permit is required for Tree Pruning of more than twenty-five percent (25°/40'
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.
(3) Pruning of the canopy, crown or living foliage of a tree, in strict accordance with ANSI A-
300 Standards shall be allowed without a permit. A certified arborist letter or other
documentation may be required.
(4) Any removal of roots one inch (1") in diameter or greater and/or the removal of more
than ten percent (10%) 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
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improvements performed by or for the department of public works or capital improvements.
(5) 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 bo made The property owner or authorized
agent shall submit a Tree Permit application to the Department on the Department's Tree
Permit application form provided for that purpr e an.� hall include ritten stat_ment
oasons for the r ,.,,ova, er reIooati h + . The following documentation
and -any_ -applicable fee€ c`'a'l oocompany ^Iication A Tree Permit application shall include
those supporting documents and plans as required by the Department to provide adequate
description and information to verify the intended Tree Activity, site conditions,proposed
construction and work specifications in order to issue a Tree Permit.
(c)(-) Applications for tree removal in -Genie -net -ion with now construction, including
additions, pools, and decks, shall include the following: Plan requirements. Plans submitted
with a Tree Permit application shall comply with the following:
(1 ) Commercial properties. Plans for a Tree Permit in conjunction with new construction,
including but not limited to, demolition, additions, pools and decks shall include the
following:
a. A tree Boundary survey, drawn to scale, identifying the tree species, location, and
listing the height, spread and diameter of all existing trees. The tree Boundary
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- a Atree
disposition plan drawn to scale identifying and listing all existing trees and specifying
the condition of each tree, the TPZ radius 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:, and an accurate
depiction of the CRZ and Canopy of the Trees to remain and/or be relocated. For
applications involving the construction of a new buildings), 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. Chapter 481, Florida Statutes, as
amended, to prepare landscape plans or drawings.
c. A Tree protection plan depicting all Trees to remain and/or be relocated on site with a
depiction of the Tree's TPZ.
d. When applicable, an assessment on all existing Trees with Tree specifications. For
Trees and/or Palms proposed for relocation, Tree relocation specifications in accordance
with ANSI A300 Standards shall be provided to the Department. Additional information
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such as the TPZ, CRZ, Tree protection and/or Tree Pruning recommendations may be
required for Trees to remain and/or be relocated. The assessment shall be prepared by
an ISA Certified Arborist.
(2) Single family or duplex properties. Applications for tFee rom wai Plans for a Tree Permit
in conjunction with
s +al1 new construction, including but not limited to demolition, additions, pools, and decks
shall include the following:
a. A site plan drawn to scale, or existing property survey prepared by the owner or the
owner's representative, identifying the location of the tree, the species and listing the
height, spread and diameter of all existing trees. Said site plan may be limited to the
immediate area of the proposed work.
b. 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.
c. When applicable, an assessment on all existing Trees with Tree specifications. For
Trees and/or Palms proposed for relocation, Tree relocation specifications in accordance
with ANSI A300 Standards shall be provided to the Department. Additional information
such as the TPZ, CRZ, Tree protection and/or Tree Pruning recommendations may be
required for Trees to remain and/or be relocated. The assessment shall be prepared by
an ISA Certified Arborist.
(3) Plans for a Tree Permit unrelated to construction shall be drawn to scale using a site
plan or existing property survey prepared by the owner or owner's authorized
representative.
a) 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 of the City
Code, 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. Chapter 481,
Florida Statues, as amended, 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.
(45) 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,
except for properties which have Homestead Exemption, pursuant to Section 196.075,
Florida Statutes, and show proof thereof. The bond shall remain in effect for one year after
the final certificate of occupancy is issued.
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comply .itl-L4he follewieg alternate . nt&
tree removal permit. Trcc replacement shall be required at a oee to one ratio upon written
confirmation from the city.
requirements.
c. Hazardous trees, fatally diseased trees, and dqad trees may be removed after obtaining
require photographs of the tree(s) depicting the hazardous condition, signs or symptoms of
scientific literature. After obtaining a tree removal permit, the designated tree(s) may be
removed witho h the need for tree r placement
d. Prohibited trees may be removed after obtaining a tree removal permit. The department
Prohibited trees maj : bo r moved t without he need for tree repla. nt
e. Homestead resident,, --may obt� free remova� permit for therty on an expedited
basis.
(ed) Review of application. Upon receipt of a completed Tree Permit application, the
department o arnement (herein rofarred tr, a 'deportm„nt') shall review said
application for compliance with the regulations as set forth in this article. Such review shall
may include a field inspection of the site and referral of the application to other departments or
agencies as necessary. ocoipt of a completed application, the
the permit request. The Department shall take a reasonable amount of time to review and
respond to applicants regarding Tree Permit applications, generally completing the initial review
within fifteen (15) business days and thereafter providing the intended decision notice upon final
approval the Tree Permit application.
(4e) Notice. Within 2-4-forty-eight (48) 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 proposed trees) on site to be
,vod or other action re^, g-Fi-eg the tree removal permit Activity contained in the Tree
Permit. The intended decision shall also be sent to the home owners' associations registered
with the neighborhood enhancement team ("NET") in that area.
(ef) Issuance of permit. If no appeal; in accordance with section 17-8 of this Article; is timely
flied -received within ten (10) calendar days of the issuance of the intended decision, the tree
pruning permit or tro_ . =moval permit if v ginully approved b,. the department shaII be
issued. The property owner shall ieensure that the tree removal permit is displayed until
the authorized work is completed.
(#g.) Fees. Fees shall be as established pursuant to section 10-4 of the City Code, 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.
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(gh) Final inspection. No later than six Lamonths 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.
Sec. 17-5. Criteria and conditions for tree removal grid relocation Permits.
(a) Criteria for tree removal Permits. No permit shall be issued for tree removal unlc one
of the following criteria exists In determining whether a Tree Permit should be issued, the
Department will consider the following criteria:
(1) Whether 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 fifteen (151-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 wai.,e1by either the director
. orks ..Then it r& to6 try the public right_of_.
(2) Whether the tree is diseased, injured or in danger of falling; interferes with utility service
determined by a trained and experienced vegetation management or line clearance employee
and/or Person; creates unsafe vision clearance within a sight triangle or other legal Right -of -
Way; or is in danger of materially impairings the structural integrity of an existing structure.
(3) Whether the Tree is deemed a High -Risk Tree, fatally diseased or dead. The Department
may require supporting documentation confirming that the Tree is a High -Risk Tree, fatally
diseased or dead and cannot be abated by other means i.e. pruning, trimming, fruit removal,
removal of hazardous limbs); photographs of the Tree(s) showing the conditions, signs or
symptoms of the Tree; any laboratory analysis or relevant scientific literature; and any other
potential supporting documentation.
(4) Whether the Tree is a Prohibited Tree Species. The Department may require photographs of
the Tree(s) to support identification of the Tree Species. Prohibited Tree Species may be
removed without the need for a Replacement Tree.
(35) Whether Tthe treeie-a-n-exotie-tree-sper.-ias-a-Rel-w4-be-reglaeeel-with-a-nati-ve-tree
species to promote good forestry practicer; 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.
(46)
reason other than set forth above. Any other relevant criteria the Department deems
appropriate to consider in order to make a determination.
(b) Conditions for Issuance of a tree removal, relocation and replacement Permit. Any or all
of the following conditions may be required by the Department prior to issuance of a Tree
Permit::
(1) The applicant may be required to redesign the project to preserve specimen tree(s) or
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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 adequate 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 within the Commission District of the
subject property. 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 trcc rclocatlon standards and
specifications.
(3) 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 Article. The
department may also require monitoring by a certified arborist during construction and/or
Tree Activity requiring a Tree Permit to assure tree preservation.
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
OR
Total number of
replacement trees required
(where each Replacement
Contribution
to Tree Trust
(where each Replacement
Fund
Tree is a minimum of 2"
Tree is a minimum of
DBH minimum ^aeh: x 6'
4"minimum oach: DBH x 8'
spread in Canopy x 12' in
spread in Canopy x 16' in
height)
height)
2"-3"
1
or
0
$1,000.00
4"-6"
2
or
1
$2,000.00
7'"-12"
4
or
2
$4,000.00
13"-18"
6
or
3
$6 000,00
19"-24"
8
or
4
$8,000.00
25"-30"
10
or
5
$10,000.00
31 "-36"
12 _
or
6
$12000.00
37"-42"
14
or
7
$14,000.00
43"-48"
16
or
8
$16,000.00
City of Miami
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49"-60"
20
or
10
$20,000.00
(1) If the sum of the diameter of trees to be removed exceeds a total of sixty inches (60"),
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.
(2) Up to thirty percent (30 ) parseet of the two-inch (2") DBH replacement tree
requirement may be met by native species with a minimum height of eight ten feet
(10') and a minimum DBH of one and one-half inches (1 %") at time of planting.
(3) The removal of a Palm shall be replaced with two (2) Palms at sixteen feet (16') overall
height with a six-inch (6") DBH or one (1) Tree at twelve feet (12') overall height with a
two-inch (2") DBH. Native palms of a fourteen foot (141 foot minimum overall height
and minimum DBH of three inches (3") at time of planting shall count as a required two-
inch (2") DBH replacement tree on the basis of two (2) palms per required tree. No
more than thirty percent (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
invasive species and shall be planted at grade or ground level according to fSA ANSI A300
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 Diversit
Required number of trees
Required minimum number of species
11-20
2
21-50
4
51 or greater
_
6
(b) Prohibited _pccies Tree Replacement Alternatives. Replacement trees are not
prohibited tree species.
1. Replacement Trees for Homestead Properties may comply with the following alternatives:
a. The removal of a non-specimen/non-native Tree, a Controlled Tree Species or a Palm
species shall be replaced with a native species at a one-to-one ratio upon written
confirmation from the Department. Replacement shall be of minimum replacement size
at two inches (2") DBH and twelve feet (12') overall height.
b. Trees authorized for removal from lots that meet the minimum lot Tree requirements,
as described in Article 9 of the Miami 21 Code, shall be replaced at a one-to-one ratio,
excluding Specimen Trees and Trees effectively destroyed as a result of Tree Abuse.
c. Homestead Properties that remove Trees without a proper Tree Permit must comply
with the standard Replacement Tree quantities and requirements and may not avail
themselves of these alternatives.
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2. Prohibited Tree Species may be removed after obtaining a Tree Permit. Replacement Trees
are not required for the removal of any Prohibited Tree Species as listed in current edition of the
Miami -Dade County Prohibited Species List, except Lofty Fig (Ficus altissima) and Banyan Tree
(Ficus benghalensis) which are subject to the provisions of this Article. No fees will be assessed
for Tree Removal of Prohibited Tree Species.
3. The City Manager or designee, after a recommendation of the Department, may adjust the
requirement of Replacement Trees for affordable housing developments that are procured by
the City and/or funded by the City, regardless of the source of funds.
(d) Tree quality. After issuance of a Tree Permit, 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 "Florida 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
written 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. If the Department confirms and verifies that Replacement Trees cannot be planted
within the City Commission District of the subject property due to capacity issues, the
Department may approve the planting of the excess Replacement Trees in other parts of
the City. 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.
(f) Tree trust fund.
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-0B-Hl tree required as replacement trees
in accordance with chart 17 1 1_ ❑ city resident with .-rent proof of re idenc and
homestead status shall contribute $500.00 for each two inch DBH tree required as
!aeem nt troos In accorda^^ ith chart 1? 0 1.1, one time during a calendar year on his
both to the extent that they. chould proffer tr, do s^.If the Department determines that an
applicant is not able to comply with the planting of Replacement Trees either onsite or off-
site as required by this Section, then the applicant shall make a financial contribution into
the City's Tree trust fund prior to issuance of the Tree Permit as follows:
1. Non -Homestead Properties. The contribution shall be equal to one thousand
dollars($1,000.00) for each two-inch (2") DBH Tree required in accordance with
Chart 17.6.1.1.
2. Homestead Properties. The contribution shall be equal to five hundred dollars
($500.00) for each two-inch (2") DBH Tree required in accordance with Chart
17.6.1.1 per calendar year. If additional Tree Permits are issued in the same
calendar year, the subsequent contribution shall be equal to one thousand
($1,000.00) for each two-inch (2") DBH Tree required in accordance with Chart
17.6.1.1.
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(g) Completion. The ;Replacement tTree 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 tTree removal pPermit is contingent on any requirements set forth in
subsections (a) through (f) above.
(h) Maintenance of relocated and Replacement Trees. Trees that are relocated or replaced
must be maintained in a healthy growing condition and guaranteed for a period of at least one
(1) year unless otherwise authorized by the Department in writing.
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-protecte..i uFeo will a radius Gf ten fn t hall be
approved. Tree Protection Barriers shall be maintained around the Trees in
accordance with the Tree protection plan approved by the Department.
Prior to and gduring demolition, and/or development, or construction, including installation of
irrigation systems or any other underground installations, protective barriers shall be placed
around the perimeter of each Tree's TPZ each Fee and shall remain in place 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 Other Tree requirements. Property owners shall protect the Trees designated for
preservation in the approved Tree Permit from chemical poisoning, excavation, grade changes,
and any other potential Tree Abuse to at least the following minimum standards:
1. Utility line trenches. Utility line trenches and/or directional borings shall be routed
away from the Trees to an area outside the TPZ to the maximum extent possible.
2. Parking on site during construction or development activities. No parking, vehicle
maintenance, storage of construction materials or debris, or cleaning of equipment shall
take place within areas marked for preservation specifically including, but not limited to,
within the TPZ of any individual Trees or cluster of Trees.
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 program, by filing a written notice of appeal to the
preservation officer, as established in section 62 1 91-Chapter 23 of the City Code, within
ten 1 O) calendar days after the date of the intended decision. The notice of appeal shall
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include the decision 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.
AFI appeals to the HEPB in accordance with this section Article shall be accompanied by a fee
of $315.00 , However, no fees shall be assesvod except for appeals initiated by an owner of
property which abuts the subject property fo-F abutting property owners, as defined in the
Miami 21 Code, for which a tree removal permit is sought,;,, including properties located across
a street or alley from the subject proportaAppeals 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. Chapter 720, Florida Statutes, as amended,
which has one (1) member who owns property within five hundred feet (5001feet-of the
subject property shall pay a reduced appeal fee of $157.50.
(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 HEPB on matters relating to
applications for tree removal permits by filing a written notice of appeal with the department of
hearing boards within fifteen (151 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 decision by the Department on matters relating to Tree Permit
applications for tree removal pormit granted to the departments of public works or capital
improvements Program or to their contractors, by filing a written notice of appeal with the
department of hearing boards, within fifteen (151 calendar -days after the date of issuanco the
permit intended decision. 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 $500.00525.00, plus $34.50 per mailed notice to the adjacent owners within a five
hundred (500)-foot radius. A certified list of said adjacent owners shall be provided with all
appeals. However, no fees shall be assessed for appeals initiated by an owner of property
which abuts the subject property abutting property owners, as defined by the Miami 21 Code,
for which a tree removal permit is sought, including properties located across a street or al -ley -
from the subject property aAppeals 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. Chapter 720, Florida Statutes, as amended, which has one
,{1). member who owns property within five hundred feet (5001feet of the subject property
shall pay a reduced appeal fee of $262.50.
The decision of the city commission shall constitute final administrative review, and no petition
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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 an appeals shall be noticed as follows. Notice of the time and
place of the public hearing shall be mailed at least ten (10) calendar days in advance of the
hearing to the owner of the subject property and the owners of the adjacent properties. At
least ten (10) calendar days in advance of the hearing, a sign, in compliance with the
provisions of sebeSection 62 129(2)a 62-19 of the City Code, 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, new construction and 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 five hundred
dollars ($500.00} fine payable to the city's tree trust fund for each separate violation of this
section.
Sec. 17-9. - Enforcement.
(a) Jurisdiction. Tho department Code Compliance shall have jurisdiction for the proper and
effective enforcement of this article, under chapter 2, article X entitled code enforcement. Tho
department Code Compliance shall have the right to inspect subject properties in accordance
with the approved tree removal• permit and the provisions of this article. The Department shall
work with Code Compliance to ensure effective enforcement of this Article. Upon notification
by Code Compliance and/or the Department, the Building Official may immediately issue a stop
work order for any work that contributes to the violation of this Article. A stop work order shall
remain in effect until the violation has been corrected, including payment of all fines.
(b) Individual enforcement. Each tree removed, relocated or illegally pruned without a tree
removal permit shall constitute a separate and distinct violation and shall be the subject of
individual enforcement.
Sec. 17-10. - Penalties, remedies cumulative.
(a) Fine. ,
penalty -moo provided b.. law, and shall undergo the tree r ace -eat process pursuant to
l...v-r .c..,r' -rr , rr'rn Y'
.Any property that violates this Article shall be subject to the following penalties:
. Non -Homestead Properties. For every Tree that has been the subject of Tree
Activity without a Tree Permit or the subject of Tree Abuse, a fine of one
thousand dollars ($1,000.00) per Tree shall be imposed.
2. Homestead Properties. For every Tree that has been the subject of Tree Activity
without a Tree Permit or the subject of Tree Abuse, a fine of five hundred dollars
($500.00) per Tree shall be imposed.
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3. Said fines are appealable to the Code Enforcement Board pursuant to Chapter
2, Article X of the City Code.
4. Any property that has had a previous fine for a violation of this Article within the
past five (5) years may receive a fine as stated in this Section and shall also be
automatically referred to the Code Enforcement Board pursuant to Chapter 2,
Article X of the City Code and sublect to enhanced penalties of five thousand
dollars ($5,000.00) per day per violation pursuant to Section 162.09, Florida
Statutes.
5. Nothing in this Article shall prohibit the City from enforcing this Article by any
other means. The enforcement procedures outlined herein are cumulative to all
others and shall not be deemed to be prerequisites to filing suit for the
enforcement of any Section of this Article.
(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
Diameter
(DBH of
each tree
removed
without a
permit
Number of replacement
OR
Number
OR
Contribution into
Tree Trust Fund
trees required (2" DBH
of replacement
trees DBH
minimum each: 12'
required (1"
16'
minimum heightTotal
minimum each:
minimum height) Total
number of Replacement
number of Replacement
Trees required (where
Trees required (where
each Replacement Tree is
each Replacement Tree is
a minimum of 2" DBH x 6'
a minimum of 4" DBH x 8'
spread in Canopy x 12' in
spread in Canopy x 16' in
height)
height
2"-3"
2
or
1
or
$1-2,000.00
4"-6"
4
or
2
or
$24,000.00
7"-12"
8
or
4
or
$48,000.00
13"-18"
12
or
6
or
$612,000.00
19"-24"
16
or
_
8
or
$816,000.00
25"-30"
20
or
10
or
$4420,000.00
31 "-36"
24
or
12
or
$4-224,000.00
37"-42"
28
or
14
or
$1-428,000.00
43"-48"
32
or
16
or
$4632,000.00
49"-60"
40
or
20
or
$2040,000.00
If the sum of the diameter of trees to be removed exceeds a total of sixty 69 inches (60"), 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. If the exact DBH
cannot be determined for Trees removed without a permit, established industry practices shall
City of Miami
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be used to determine an estimated DBH, as approved by the Department.
(c) High -Risk Trees. Trees that are High -Risk Trees, as a result of Tree Abuse, are subiect to
the Replacement Tree requirements of Section 17-10(b) of the City Code. High -Risk Trees that
result from any other reason are not subiect to Replacement Trees.
(ed) Tree viability after project completion. If the department determines that any tree is not
viable, alive and growing one year after all associated development tree 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.
(de) Withholding of a new building permit. The removal of aAny tree Activity in violation of
this article shall constitute grounds for withholding new building permits directly related to
said tree removal Activity 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.§Section 255.05, Florida Statutes, as
amended, naming the city as obligee. The bond shall be in the amount of ten percent (10%)
of the construction cost or ten percent (10%) 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.
(ef) 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 Tree Permits
have been finalized and 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.
(fg) 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,
(gh) 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.
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 or designee 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 immediate removal of any tree during or f" Bowing an emer ency or an ast of nature
er-a that presents 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 items
removal which:_.
e Creates a Life safety issue;
b. Prevent
(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.
Secs. 17-12-17-25. Reserved.
Section 3. if any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ty Attor ey 1/3/2017
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. if the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 23 of 23 Pile ID: 1399 (Revision: C) Printed on: 5/31/2017
Cell OF
* lam? it
II 1I
i ,
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File Number: 1399
City of Miami
Legislation
Ordinance
SUBSTITUTED
Final Action
ate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ENVIRONMENTAL PRESERVATION", TO CLARIFY PROCEDURES FO HE
TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MI r' I;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN ' FECTIVE
DATE.
WHEREAS, on May 13, 2010, the City Commission adopted Or. ante No. 13174 in
order to promote Tree protection and environmental preservation and . ddress the stewardship
of the living features in the City of Miami, Florida ("City"), which incl :es its topographic,
geological and landscape features; and
WHEREAS, on June 23, 2011, the City Commission -. opted Ordinance No. 13274 to
address foliage and root pruning of Trees in the City; and
WHEREAS, these regulations concern architec
and historic concerns within the City; and
aesthetic, environmental, cultural,
WHEREAS, the protection of the Tree ca +py and environmental features within the City
is of paramount importance; and
WHEREAS, the current iteration of ' apter 17 of the Code of the City of Miami, Florida
("City Code"), as written, is cumbersome interpret and lacks clarity in certain portions thereof;
NOW, THEREFORE, BE IT
MIAMI, FLORIDA:
DAINED BY THE COMMISSION OF THE CITY OF
Section 1. The recitals =nd findings contained in the Preamble to this Ordinance are
adopted by reference and in •rporated as if fully set forth in this Section.
Section 2. Chap r 17 of the City Code, entitled "Environmental Preservation" is
amended in the follow'
particulars:'
"ARTICLE I.
TREE PROTECTION IN GENERAL
Sec. 17-1 ntent and purpose.
The i -nt of this article is to protect, preserve and restore the tree canopy within the City of
Mia i ("city") by regulating the removal, relocation, pruning, planting and trimming of trees
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
SUBSTITUTED
The purpose of this article is to assure that the design and construction of all development
activity is executed in a manner consistent with the preservation of existing trees to the
greatest extent possible.
Sec.. 17-2. Definitions.
For the purposes of this article, the following words and phrases shall have the meaning
respectively ascribed to them by this section. ❑efinitions for industry terms are based o the
American National Standards Institute A-300 Standards for Tree Care Operations - Tr= Shrub,
and ❑ther Woody Plant Management - Standard Practices (most recent edition; cont. nine all
Parts): International Society of Arboriculture Glossary of Arboriculture! Terms (nios- recent
edition); and University of Florida Institute of Food and Agricultural Science Bull n SS-FOR-11
Forest Terminology for Multiple -Use Management.
American National Standards Institute A-300 Tree Care Standards Manu ("ANSI A-300
Standards")_ is aA tree manual which establishes performance stands •s for the care and
maintenance of trees, shrubs, and other woody plants. These are the dustry standards for
Arboriculture or Urban Forestry used by the industry and many dove ing agencies as the
minimum standards of practice for care and maintenance of Trees hrubs, and other woody
plants. These are the generally accepted industry standards for ee care practices written by
the Tree Care Industry Association (TCIA) to develop consens -s performance standards for
Trees, shrubs, and other woody plants.
Applicant: A person who is the owner, authorized agen •f the owner, or lessee of a property
under a written lease authorized to apply for a - Tree permit.
Arboriculture: The cultivation, management, and s dy of woody pants, especially Trees.
Arborist, certified: A person who -is certified b the International Socioty of Arboriculture (ISA)
and is well vcrced in the art of arboriculture including tree surgery, the provcntion and cure of
trc di ea{ o nd the ee4r- ! of sect
Clrr,,e CTP�GrCir�G �, al fR Cl"1'G�OT�'CF-�1'1-[�'C�
Bark: Protective outer covering of bra hes and Stems outside of the cambium.
Buildable area: The portion of th; site exclusive of the required yard areas as defined by the
zoning ordinance of the city anits successors.
Cambium: A thin layer of c. s under the Bark of Trees that produces growth of new tissue.
Canopy: The collectiv- •ranches and foliage of a Crown of a Tree or group of Tree Crowns,
usually represented Canopy diameter measured across the Canopy from Drip Line to Drip
Line at an average anopy width.
Canopy Cover.ge: The aerial extent of ground within the Drip Line of the Tree, usually
represented . square feet of Canopy area.
Certifica • of approval: A written document permitting tree removal or development activity
within ose areas identified and established as environmental preservation districts or scenic
tran • ortation corridors,
(1 Standard certificate of approval. A written document issued by the preservation
icer 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
SUBSTITUTED
appropriateness in subsection 23 50) 23-6.2, as amended.
Certified Arborist: Also known as a ISA Certified Arborist. A person who has successfully
completed the testing program administered by the International Society of Arboriculture (ISA)
to be an ISA Certified Arborist, with a current valid Certification Number. This person must be
trained and knowledgeable in all aspects of Arboriculture as relevant to the conditions of Tre
within the City.
Certified Arborist Report: A report issued by a Certified Arborist that. at a minimum, shcontain
data for each existing Tree in the applicable Tree Boundary Survey as follows: specie , DBH as
defined herein; height; Canopy spread; health condition: opinions regarding curre condition;
recommended Tree Activity, if any: and color photographs of Trees which shall . pict sufficient
detail to support the opinion of the Certified Arborist.
Code Compliance: The department responsible for the enforcement of the ity Code, as further
described in Chapter 2, Article X.
Code enforcement board: The code enforcement board of the city . appointed pursuant to
chapter 2, article X. For purposes of this article, "code enforcem - t board" shall be
synonymous with and have all powers of the special master. T - terms may be used
interchangeably.
Construction: See Development activity.
Controlled tree species: hose Thee species listed i he most recent edition of the Miami
Dade County Landscape Manual which can beco invasive in tend to become nuisances
native . ant communities or native habitats, but
which, if when not located in, and cultivated pr..erly, may be useful or functional as elements
of as part of a managed landscape design.
Critical Root Zone: Also known as a CRZ he CRZ is as large or larger than the minimum
recommended Root area for a Tree as ted in the ANSI A-300 Standards for transplanting
Trees, usually measured and present- • as Root ball diameter.
Crown er-oanopy: The upper pa
branches and foliage. A portio
branches and foliage.
f a tree, alr3.511104 fro ttac lewcst branch, including all
f an individual Tree above the main Stem. consisting of live
Crown Cover: The perce -de of a given area that is covered by the vertical projection of the
Crowns of Trees.
Diameter at Breast 'eight ("DBH"): The diameter at breast height of a Tree trunk, measured at
4 and one half /2) feet above ground level (surface grade or soil grade). In the case of
multi -stemmed rees, the DBH is a calculation of the sum of the DBH of each trunk measured
at 4.5 feet ab e around level.
Dead tre-. A tree which has no vital functions. A Tree which is not actively transporting water
and nu ents from Roots to leaves, and is exhibiting symptoms such as decay, brittleness, rot.
non- -axonal defoliation, substantial loss of its branches, or other signs of substantial
de - !oration.
epartment: The department of code enforcement, or that department/office in which the code
inspectors as defined En chapter 7 article X ara located Planning and Zoning, which is
responsible for review and issuance of Tree permits.
SUBSTITUTED
Development activity: The carrying out of any building construction that requires issuance of a
permit by the City, including without limitation building construction, additionsjincluding but
not limited to additions of carports, pools, decks, fences, driveways, and parking lots),
modifications,, 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 t ee's t k measured at a height fo
and ono half feet above grade. In the cave of multiple trunk trees, tho DBH shall rnean e
sum of each trunk's dia,metor measured at a height four and ono half feet above grad-.
Drip line: An imaginary vertical line running from the outermost horizontal circumf• ence of the
tree branches and extending to the ground. The area defined by the outermost rcumference
of a Tree's branches where water drips from and onto the ground.
Environmental preservation districts: Geographical areas, parcels or corri' +rs, which have
been or may be identified, are established by the city commission as si• ificant natural or
manmade attributes in need of preservation and control because oft ir educational,
economic, ecological and environmental importance to the welfare • the general public and
the city as a whole. The city's environmental preservation district -re designated in an atlas
kept on file with the department of planning.
Environmentally significant feature: Natural or manmade a acts, sites or features which
possess attributes in need of preservation and control be . use of their economic, educational
or environmental importance to the welfare of the gener . public and the city as a whole.
Environmentally significant features include all trees hin the city and specifically designated
natural, topographical or geological formations, ma rove areas, natural hammocks, unique
scenic vistas or transportation corridors and rare d valuable plant material.
Exotic tree species: A plant species that has • -en introduced from another country or
geographic ot#eF regions- outside its nature ange, and which may become naturalized or
invasive, is not native to the region to whi• it is introduced not native or indigenous to a
region.
Exotic Species: A Tree that is not n. ive or indigenous to a region and may be invasive.
Fatally diseased tree: A tree he- a condition that impairs its normal functioning, as manifested
by distinguishing signs and sy• ptoms that will cause the death of the tree, and for which there
is no know effective cure or oatment_ which that has been identified with a disease that is not
curable by known industry .tandard pest control treatments or has visible damage from a
disease and may includ: secondary stresses related to a disease. A Fatally Diseased Tree may
be considered a High-isk Tree.
Florida Grades an Standards: The standards for determining the Quality of nursery stock being
grown, sold and •r used in landscape projects in Florida. These are based on the Grades and
Standards for 'nursery Plants as published by the most current edition of the Florida Department
of Agricultur- and Consumer Services.
Girdlin
. Tree Abuse in the form of
rest tion or destruction of the vascular system within a Root, Stem, or branch of a Tree that
c. 'ses inhibition of the flow of water and nutrients, usually accomplished by removal of Bark
nd Cambium around all or most of the circumference of a Tree branch or Stern.
Grade: The ground level of a subject property measuring the dogroo of rico or } desooi,
sloping surface.
SUBSTITUTED
Hatracking (topping):
health or structural integrity. Also known as Topping, A form of Tree Abuse in the form of the
reduction of Tree size using heading cuts that shorten limbs or branches back to a
predetermined Crown limit_ Hatracking involves indiscriminate cutting back of branches betwe
nodes.
Hazardous tree: A tree with the potential to fail or fall; in an-e-n=eat that may con Lite.':to
that failure, and such that a person or object could be injured -or damaged by that fail e. A
tree removal permit shall be i€ued for a hazardoid-s tree, provided the hazard can ; be
abated by other moans (Le pruning, trimming, fruit removal, removal of hazardo limbs).
High -Risk Trees: A Tree that is in a location where risks to persons or propert exist, including
Trees that have an identifiable part or parts with a high potential for failing a • a high potential
to strike a foreseeable target resulting in significant consequences within hort time -frame.
The determination of whether a Tree isa High -Risk Tree shall be made • the Department upon
assessing the supporting risks.
Homestead Property: A property that receives a homestead exem► ion as determined and listed
by the Miami -Dade County Property Appraiser's Office. This ex- ption must be current to be
applicable.
Homestead Resident: A person or persons living in a resi• nce that receive a homestead
exemption as determined and listed by the Miami -Dade ' ounty Property Appraiser's Office.
This exemption must be current to be applicable.
Internode/internodal: The region of a Tree's Steni etween two (2) successive nodes; length of
a branch or Stem growing between the Nodes,
Landscape manual: The Miami -Dade Cou Landscape Manual, latest edition, which is the
official landscape manual issued by Mia r -Dade County, Florida, and incorporated herein by
reference. The landscape manual, as * ended from time to time, is adopted by reference by
the city and deemed incorporated by Terence as if set forth herein. If a conflict arises
between the landscape manual anhis article, the latter shall prevail.
Lion's Tailing: A form of Tree A. se in which the removal of an excessive number of inner,
lateral branches from parent + anches results in a Tree having the majority of foliage in the
outer portions of the Canop
Main Stem (or Main Tr ): The portion of a Tree between ground level and the point of division
into major branches.
Native tree speci- Plant s.pccics with geographic distribution indigenous to a!I or part of
Lendsoa-Re Manual, are considered native
piant-speci- within the moaning of this definition An indigenous species that is normally
found as art of an ecosystem. A species present in a defined area or region of the United
States for to European seftlernent.
No•-: Slightly enlarged portion of a Stem where leaves and buds arise.
wner: 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
SUBSTITUTED
this article.
Palm (or Palm Tree): Monocotyledonous plant of the Palmacea family. A type of Tree that is an
un-branched evergreen Tree of tropical and warm regions, with a Crown of very long feathered
or fan -shaped leaves, and typically having old leaf scars forming a regular pattern on the Trun
Person: As per the definition set forth in section 1-2.
Prohibited tree species: Those tree species that are detrimental to native plants, nat e
wildlife, ecosystems, and human h-eaIth, safety or welfare. Prohibited tree wpecics icludos
those designated in the Miami Dade Couf A species of Tree listed as a prohibi •d species in
the current edition of the Landscape Manual - - - as well as
Weeping Fig Trees (Ficus benjamina).
Protective barriers: Barriers -that are placed around existing trees to prov c protection during
construction on a subject property as described in the Miami Dodo Co ty Landscape
Manual.
Pruning/trimming: The scicetivc cutting of tree or plant parts don• to encourage new growth or
better flowering; to remove old stems or deadwood; or to shop. Leos according to the
standards set forth in the ANSI A300 Troo Caro Standards nual ("ANSI A300 Standards"),
incorporated heroin by reference. A tree removal permit sh l"ss be required for the pruning
or trimming of tree(s) not in compliance with ANSI 300 S . ndards.
Public Right -of -Way: See right-of-way as defined in S tion 55-1 of the City Code. as amended.
Registered Landscape Architect: A Person who h► ds a license to practice landscape
architecture in Florida as authorized by Chapter81 of Florida Statutes.
Replacement or replacement trees: Thor.• foc(c) that are planted for tha purposes of
fcetoring the tree canopy and replacing • fisting trcc(s) whose removal was authorized eilder
this articicAlso known as Mitigation Tr= Trees that are proposed to be used as replacement
for Trees being removed from a prop' rty.
Root: The part of a Tree, usuall nderpround, that anchors the Tree to the ground and also
absorbs and conducts water a . nutrients to all parts of the Tree.
Root pruning: selective tri ► ing of the plant roots to meet specific goals and objectives for
proper tree earn and gro h. Any romoval of roots one inch in diameter or grc\atcr and/or the
,removal of more than n percent of a tree's root eystem . The cutting of Roots to limit their
vertical or lateral gro, the process of pre-cutting Roots behind the line of a planned
excavation to prey = t tearing and splintering of remaining Roots, any removal of Roots one inch
in diameter or gr.:ter, and/or the removal of more than ten percent (10%) of a Tree's Root
system. Root P fling of more than ten percent (10%) of a Tree's Root system requires a tree
permit.
Roots/ro• systems: The tree part containing the organs used for extracting water- gases and
nutrie
from the soil and atmosphere.
Sc is transportation corridor: Those roadways identified by the state or by the city
mmission resolution as having a unique landscape, an expansive tree canopy and/or
nique landscape features that is of substantial environmental or scenic importance to
residents and visitors.
Shrub: A woody, perennial plant separated from a Tree by its lower mature height (generally
SUBSTITUTED
under 20 feet), and showing the lack of a well-defined main Trunk, often multi -stemmed.
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 practices or procedures of landscape nurseryies that mee
exceed the Florida Grades and Standards work that comply with the standards sot by
state department rf agric iIt„re am con umer eryioec
......., w..�................. wy, ....,........ v ..., .., ......,,ter, �..,--�.
Special master: The person(s) appointed pursuant to chapter 2, article X. For pu •uses of this
article, the special master shall be synonymous with and have all powers of th- code
enforcement board. The terms may be used interchangeably.
Spiking:
tree or its root system. Spiking is often used to kill a tree. A form of Tree buse in which there is
the hammering or affixing of metal or other material into a Tree to har the Tree or lower its
commercial value, or any damage to the Trunk of a Tree caused by e of climbing spikes,
Spread: The average diameter of the crown. The average dia er of the Tree Canopy or
Crown as measured across the Canopy in at least two (2) direions from Drip Line to Drip Line
of farthest reaching branches.
Stems: The main upward axis of a tree consisting of nos and baring Ieavcs above the
ground, which serves to cupport the tree and trancpo nd store food materials.
Specimen tree: A tree with any individual trunk * a m trunk trcc, the sum of the
diameter of the trunks having a diameter at bre . st height (DBH) of 18 inches or greater. This
oxcludes the following:
(1) Non native fruit trees cultivated or . *wn far the specific purpose of producing edible
fruit, including, but not limited} to: mango avocados or species of citrus;
(2) Non native species of the genus icus; and
(3) All trees in the palm family,
A Tree that is equal to or larger tha 8 inches DBH. Trees that do not qualify as Specimen
Trees are Palms, non-native Ficu pecies, or any non-native fruit Tree cultivated as a grove
Tree for commercial production fruit.
Stemts): The principal axis •r wood structure of a plant from which buds, shoots, foliage, and
branches develop.
Tree: Any self-suppor ng woody plant or palm which usually has a single main axis or trunk,
with a minimum tru diameter at breast height of two -inches and a minimum overall height of
12 feet. This defi 'ion -excludes plants which are defined as shrubs, hodgos, vines, or ground
covers- P-alms all have a minimum height of 1 '1 feet in order to be clarified as a tree. A
woody peren I plant, including Palms, usually having only one (1) dominant Trunk and a well-
defined Ste or Stems carrying a more or less definite Crown, usually having a mature height
greater th. 16 feet. A Tree regulated under this Chapter must have a minimum size of 12 feet
overall -fight with a DBH of two (2) inches or larder. A Palm regulated under this Chapter must
have . minimum height of 16 feet overall with a DBH of six (6) inches or larger.
e abuse: Tree abuse shall include:
construction equipment, cambium layer ponot ation, storage of materials, soil
(2) Hatracking;
SUBSTITUTED
(3) Girdling, spiking or bark removal of the trunk;
(1) techniques which remove more than 25 porcont of tho canopy, crown or
living foliage of a troo or otherwise am not in accordance with the current ANSI A300
Standards, unless a permit from the city is obtained;
(5) Excessive root cutting unlecc a permit from the city is obtained:
Action that damages a Tree and/or parts of a Tree. Generally, any Tree activity beyond or
against those described in the ANSI A-300 Standards. Examples of Tree Abuse include ► t are
not limited to: Hatrackinp, Spiking. Lions Tailing, Tree Removal (without a permit), pru q more
than 25% of a Tree Canopy in one (1) pruning operation, Root Pruning that destabili/-s a Tree,
Girdling, damaging and/or removing sections of Bark, and damaging and/or remov g sections
of Cambium.
Tree pruning: Selective trimming of the plant parts to meet :pocific goals an objectives for
proper tree core and growth. Trimming of the car:e{4y, crown or living folioof a tree.
Tree Activity: Work that will affect a Tree on a property which includes ree Removal, Tree
Pruning more than 25%, and Root Pruning more than 1 O% or trimm q of a Root more than one
(1) inch in diameter.
Tree Boundary Survey: A survey such as a topographic surve that establishes property lines
and corners of a parcel of land and also locates natural feat es such as Trees and streams as
well as man-made features such as buildings. fences, im .vements, land contours,
easements, and utilities. Tree Boundary Surveys shall b prepared by a professional land
surveyor.
Tree Permit: A permit which is required for any T e Activity.
Tree Protection Barriers: Barriers, fences, or ► . rricades that are placed around existing Trees to
provide protection during construction on a biect property. Examples are contained in the
Tree Protection Specifications and Tree P otection Details as described in the Landscape
Manual and ANSI A-300 Standards.
Tree Protection Bond: A monetary ►•nd that guarantees specific Trees be protected and will not
be harmed by the construction pr, ect and, if harmed the party will reimburse for the loss.
Tree Protection Zone (TPZ): n area defined by a Certified Arborist surrounding the Trunk of a
Tree to protect Roots and •il within at least the Critical Root Zone (CRZ) area. This area is
necessary to protect Tre= ealth and stability. The TPZ is an area within which certain activities
are prohibited or restri -d, especially during construction or development activity.
Tree pruning per A permit which is required for the pruning of moro than 25 porcent of the
canopy, crown o• iving foliage of 3 tree within an af&al growing ceacon or one year pariad
or for pruning ich is otherwise not in accordance with the ANSI A 300 Standards.
Furthermore -ny removal of roots one inch in diameter of greater and/or the removal of more
✓hall ale • require a tree pruning permit. The department will not i:,suc moro than one permit
cific tree unless exempted by section 1-7 11 such as following an -emergency.
Tr - Pruning: Also known as Tree Trimming. The selective cutting of Tree parts done to
move branches or parts of branches from a Tree's Crown.
Tree removal: The act of cutting down, destroying, moving, relocating, or effectively
destroying through damaging, any tree situated on any real property or public property within
the city.
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the city, unless exempted by section 17 11.
Tree Value: The appraised monetary value for a Tree as calculated by an ISA Certified Arboris
who is specially trained and experienced as a Tree and Landscape Appraiser. Appraisals sh.
utilize the Trunk Formula Method within the replacement cost approach of valuation as
described in the most recent edition of the Guide for Plant Appraisal published by the
International Society of Arboriculture. Tree Value may be used to determine reasonabi:
mitigation requirements for Specimen Trees removed without a permit and/or Speci n Trees
effectively destroyed during construction, including Trees permitted to be preserve •' or remain
an site that are subsequently effectively destroyed, and may be used as an alter :tive to the
replacement Tree table for mitigation requirements for Specimen Trees being . rmitted for
removal, as approved by the Department.
Trunk: The main or central stem of a Tree.
Viable: A treo, which in the judgment of the dnpt is capable • cuctaining its own life-
nroceese unriided by rn^an fora reaconable period of times
Vigor: The capacity of a Tree to prow and resist stress: growl in a healthy condition.
Sec. 17-3. - Applicability.
(a) The provisions of this article shall apply to all p .lic or private property within the city,
unless expressly exempted by law.
(b) All Trees Activity as defined in this Chapter quire a Tree Permit as described herein.
(c) Any tree removal on a public right-of-way r on property owned by the city shall require
a permit from the public works departm: t, unless it is deemed in writing by the
works director or the director of the d:.artment of code enforcement Director of the
Department or his/her desi.nee tha uch permit will be an undue burden for the city
and is not in the best interest of t public hearth, safety and welfare of the city.
fd�All trees located within environ -ntal preservation districts shall also be subject to the
requirements of article 2 of thi . chapter.
Palms with a DBH of s ^,^s an hoight over 16 feet shall also be subject to these
requirements.
(e) AN trees located within :aural forest communities shall also be subject to the
requirements of articl- of chapter 24 of the Miami -Dade County Code, as amended.
(f) All mangrove trees d any tree located upon land which is wetlands as defined in F.S.
373.019 Fla. St. _, as amended from time to time, shall also be subject to the
permitting requir ments of article 2 of chapter 24 of the Miami -Dade County Code, as
amended.
Sec. 17-4. - Tree permit or -tree pruning permit applications, requirements, review, and
fees.
(a) Permit, en required.
(1) No peon, agent or representative thereof, directly or indirectly, shall remove or
reiocat= any tree situatod engage in Tree Activity on any property described in section 17-3
witho first obtaining a tree removal permit and unless exempted by section 17-11.
anopy, crown or living foliage of a tree within an annual growing season or one year
period. A Tree Permit is required for Tree Pruning of more than twenty-five percent (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
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be validated by a certified arborist, with justification as to why the ANSI A-300 Standards
are not applicable.
(3) Pruning of the canopy, crown or living foliage of a tree, in strict accordance with ANSI A-
300 Standards shall be allowed without a permit. A certified arborist letter or other
documentation may be required.
(4) Any removal of roots one inch in diameter or greater and/or the removal of more th
ten percent (10%) 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 wit •ut a
tree pruning permit except for the pruning of roots when essential for any repairs %r
improvements performed by or for the department of public works or capital im • ovements.
(5) No building permit for any work that has the potential to affect trees, inc ding new
construction, additions, carports, pools, decks, fences, driveways, parkin • ots, tennis
courts, demolition, or similar work, shall be issued by the building depa ent unless the
zoning department has determined that a tree removal permit or tre •runing permit is not
required or that a valid tree removal permit or tree pruning permit h. been issued in
accordance with this article.
(b) Application requirements. Applaeations shall be made The •roperty owner or authorized
agent shall submit a Tree Permit application to the Depart nt on the Department's Tree
Permit application form provided for that purpose and ch inckadc a written statement
indicating the rcasons for tho removal or relocation of c . ch tree-.
and any applicable fees shall accompany application,. A Tree Permit application shall include
those supporting documents and plans as required . - the Department to provide adequate
description and information to verify the intended ee Activity, site conditions, proposed
construction and work specifications in order to i- ue a Tree Permit.
(c)(44 Applications for tree removal in conju Lion with new construction, including
additions, pools, and decks, shall include e following: Plan requirements. Plans submitted
with a Tree Permit application shall co •ly with the following:
(1) Commercial properties. Plans f• a Tree Permit in conjunction with new construction,
including but not limited to, demo ion, additions, pools and decks shall include the
following:
a. A tree Boundary su ey, drawn to scale, identifying the tree species, location, and
listing the height, *read and diameter of all existing trees. The tree Boundary
survey shall ill u ate the location of all existing structures, the location of any
overhead and/ r underground utilities and the right-of-way limits, edges of
pavement, i luding all trees within the right-of-way. This survey shall be prepared
by a profe- Tonal land surveyor, licensed in the state.
b.
a A tree
dispos on plan drawn to scale identifying and listing all existing trees and specifying
the •ndition of each tree, the Tree Protection Zone (TPZ) radius and whether said
tr- s are to remain, to be removed and/or to be relocated. The tree disposition plan
all 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, aR4 the new locations of
existing trees to be relocated on site over the tree survey plan information-, and an
accurate depiction of the Critical Root Zone (CRZ) and Canopy of the Trees to
remain and/or be relocated. For applications involving the construction of a new
buildings), the tree disposition plan shall be prepared by and bear the seal of a
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landscape architect currently licensed in the state, or by persons authorized by F.S.
sly Chapter 481, Fla. Stat., as amended, to prepare landscape plans or drawings.
c. A Tree protection plan depicting all Trees to remain andlor be relocated on site with a
depiction of the Tree's Tree Protection Zone (TPZJ and accurate Canopy, as determined
by an ISA Certified Arborist.
d. When applicable. an assessment on all existing Trees with Tree specifications. For
Trees and/or Palms proposed for relocation, Tree relocation specifications in actor•=nce
with ANSI A300 Standards shall be provided to the Department. Additional infor ► .tion
such as the Tree Protection Zone (TPZ), Critical Root Zone (CRZ). Tree protec •n
and/or Tree Pruning recommendations may be required for Trees to remain d/or be
relocated. The assessment shall be prepared by an ISA Certified Arborist.
(2) Single family or duplex properties. Applications for troo removal Plans for - Tree Permit
in conjunction with single family or two-family dwellings (homestead proper =s) or any e##er
rolated activity requiring a wilding porrnit, demolition permit, or far ae.y - or troo removal,
shall new construction, including but not limited to demolition, additions •ools, and decks
shall include the following:
a. A site plan drawn to scale, or existing property survey pre ► : red by the owner or the
owner's representative, identifying the location of the tre the species and listing the
height, spread and diameter of all existing trees, Said . to plan may be limited to the
immediate area of the proposed work.
b. Applications for a building permit, demolition--permi or tree removal shall include a A
tree disposition plan drawn to scale, prepared b he owner or the owner's
representative, or such plan incorporated onto =n existing property survey, listing all
existing trees and specifying the condition o -ach tree and whether said trees are to
remain, to be removed and/or to be reloca d. This plan shall also illustrate the
location of all existing structures and/or . proposed new construction, the location
of any overhead and/or underground ities and the new locations of existing trees
to be relocated on site.
c. When applicable, an assessment oall existing Trees with Tree specifications. For
Trees and/or Palms proposed for elocation, Tree relocation specifications in accordance
with ANSI A300 Standards sha se provided to the Department. Additional information
such as the Tree Protection .ne (TPZ), Critical Root Zone (CRZ), Tree protection
and/or Tree Pruning recom' endations may be required for Trees to remain and/or be
relocated. The assessor: t shall be prepared by an ISA Certified Arborist.
(3) Plans for a Tree Permit
plan or existing property s
representative.
related to construction shall be drawn to scale using a site
ey prepared by the owner or owner's authorized
(4) All applications all have a tree replacement plan/landscape plan drawn to scale that
illustrates all prop ► ed new construction, new locations of relocated trees, and new
replacement tre locations that complies with the requirements of section 17-6 entitled "Tree
replacement." " or applications involving the construction of a new building(s), the tree
replacemen •Ian shall be prepared by and bear the seal of a landscape architect currently
licensed i he state, or by persons authorized by F.S. ch. Chapter 481, Florida Statues, as
amender , to prepare landscape plans or drawings. Tree replacement plan/landscape plan
subm -d for a one -family or two-family dwellings (homestead property) may be in the form of
a si plan drawn to scale prepared by the owner or the owner's representative.
5) Anytime construction or development is to be undertaken, a tree protection bond equal
o the value of the specimen tree(s) to remain and/or to be relocated shall be posted,
except for properties which have Homestead Exemption, pursuant to Section 196.075,
Florida Statutes, and show proof thereof, The bond shall remain in effect for one year after
the final certificate of occupancy is issued.
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comply with the following altcrnato roquiromcnt..r
tree removal permit. Tree replacement shall be rimed 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 tre•.
removal permit and shall comply with the standard tree roplacemont quantities and
requirements.
a tree remova] permit attached with a letter from a- certified a4aehst or horticultu ...t
confirming that the tree is hazardous, fatally disea-scd, or d ad. The dopartm= t may
require photographs of the tree(s) depicting the his condition, signs - symptoms of
a fatal -disease, or a dead tree. Furthormo. e, the department may require - pporting
documentation such as a hazard tree ana is, laboratory analysis repo or relevant
scientific literature. After obtaining a tree removal permit, the designa d troc(s) may be
removed without the need for tree replacement.
d. Prohibited trees may be removed after obtaining a trot romova •ormit. Tho department
may require photographs of the tree(s) to support the idcntificat •n of tho tree species.
Prohibited trees may be removed without the nccd for tree rc• cement.
o. Homestead residents may obtain a tree removal permit f• their proporty on an expedited
basis.
(sd) Review of application. Upon receipt of a complet:: Tree Permit application, the
department of code enforcement (herein referred to 's "department") shall review said
application for compliance with the regulations as -et forth in this article. Such review s#at+
may include a field inspection of the site and ref rral of the application to other departments or
agencies as necessary. With 1-5 calendar d s of the resoigt ef a completed application, the
department shall l-sue an intended decisio-pproving, denying or approving with conditions
the permit request. The Department shall e a reasonable amount of time to review and
respond to applicants regarding Tree Pe it applications, generally completing the initial review
within fifteen (15) business days and t -reafter providing the intended decision notice upon final
approval the Tree Permit application
(de) Notice. Within 2/1 '18 hours issuing the intended decision for a tree removal permit, the
department shall notify the ap icant and post a notice of the intended decision on or adjacent
to the subject property in a cation where it is visible to the general public. The posting shall
provide a general descrip •n and location of the proposed tree(s) on site to be removed or
other action requiring t tree romova! permit Activity contained in the Tree Permit. The
intended decision shalso be sent to the home owners' associations registered with the
neighborhood enha► ement team (NET) in that area.
(ef) issuance of +ermit. If no appeal, in accordance with section 17-8, is timely filed received
within ten (10 calendar days of the issuance of the intended decision, the tree pruning permit
or tree rem • al permit, if originally approved by the department, shall be issued. The property
owner sh insure that the tree removal permit is displayed until the authorized work is
comple d..
(fg) ees. Fees shall be as established pursuant to section 10-4, as amended, "Building
p mit fee schedule." Applications from government agencies for tree removals in areas
edicated to public use may, at the discretion of the city commission, be exempted from
application fees and permit fees by resolution.
(gh) Final inspection. No later than six months following the completion of the authorized
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work, the applicant shall schedule a final inspection with the department for verification and
acceptance of the final authorized work.
Sec. 17-5. - Criteria and conditions for tree removal and relocstionPermits.
(a) Criteria for tree removal Permits. Na per -bit call be i eucd for tree removal unless one
of the following criteria exictsin determining whether a Tree Permit should be issued, the
Department will consider the following criteria_
(1) Whether the tree is located in the buildable area or yard area where a structure o
improvement may be placed and the tree unreasonably restricts the permitted use +f the
property. Trees located in the property frontage (within the 15-foot setback), are of
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 . , considered
for removal because they restrict ingress or egress to the garages or parki • on the site,
except if there is no other reasonable access to and from the structure or o the property
from the public right-of-way. This restriction shall be waived by either t - director of code
enforcement when it relates to the private property and/or by the dire or of public works
when it relates to the public right of way.
(2) Whether the tree is divcaccd, injured or in danger of falling; erferes with utility service
determined by a trained and experienced vegetation manage ent or line clearance employee
and/or Person; creates unsafe vision clearance within a siq triangle or other legal right-of-way;
or is in -danger of materially impairis the structural integ y of an existing structure.
(3) Whether the Tree is deemed a High -Risk Tree, fa ly diseased Tree or dead. The
Department may require supporting documentation onfirminq that the Tree is a High -Risk Tree,
fatally diseased, or dead and cannot be abated b other means (i.e. pruning, trimming. fruit
removal, removal of hazardous limbs); photographs of the Tree(s) showing the conditions, signs
or symptoms of the Tree; any laboratory anal -is or relevant scientific literature; and any other
potential supporting documentation.
14) Whether the Tree is a Prohibited Tr: Species, The Department may require photographs
of the Trees) to support identificatio .f the Tree Species. Prohibited Tree Species may be
removed without the need for a Re. acement Tree.
(45) Whether ;the tree is an c •tic tree species and will be replaced with a native tree
species to promote good for- try practices; creates a health hazard; interferes with native
tree species; or creates a ►-gative impact on natural land features such as rock
outcroppings, sink holes •r other geological, historical or archeological features.
(46) it is in the inter- of the general welfare of the public that the tTrec be removed for a
reason other than =t forth above. Any other relevant criteria the Department deems
appropriate to c• sider in order to make a determination.
(b) Conditio for issuance of a tree removal, relocation and roplacementPermit. Any or all
of the foll• ing conditions may be required by the Department prior to issuance of a Tree
Permit:
(1) e applicant may be required to redesign the project to preserve specimen tree(s) or
a other tree determined by the department to be of substantial value because of its
ecies, size, age, form and/or historical significance, and to provide an alternate plan that
includes the adequate 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
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of substantial value because of its species, size, age, form and/or historical significance,
proposed for removal, shall be relocated on or off -site within the Commission District of the
subject property. 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.
(3) If it is impractical to relocate said tree(s) either on or off -site, because of age, typ
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 froa certified
arborist before making any determinations in conjunction with this article _ • . The
department may also require monitoring by a certified arborist during con • ruction and/or
Tree Activity requiring a Tree Permit to assure tree preservation.
Sec. 17-6. - Tree replacement.
(a) Tree replacement chart. The tree replacement chart 17.. .1 below, shall be used to
determine the total number and size of trees that shall '.e planted as replacement
trees for all trees permitted to be removed. The rep/ ement trees are based on the
diameter in inches (DBH) of the trees to be remov To determine the required
replacement trees, calculate the total sum in inc s of the diameters of all trees to be
removed. This sum will result in one single nu ►.er in inches that represents the
combined total of the diameters of all trees t• •e removed_ Diameter measurement
shall be rounded up to the nearest inch.
Chart 1 .6.1.1
Tree Re ement Chart
Total diameter of
tree(s) to be
removed (sum of
inches at DBH)
Total number of
replacement trees requ' -d
OR
Total number of
replacement trees required
(where each Replacement
Contribution
to Tree Trust
(where each Replace' ent
Fund
Tree is a minimum • 2"
Tree is a minimum of
DBH minimum e. 6'
4"minimum each: DBH x 8'
_ x
spread in Cano► x 12' in
spread in Canopy x 16' in
height)
height)
2"-3"
1
or
0
_
$1 000.00
4"-6"
2
or '
1
$2,000.00
'.4 000.00
7"-12"
4
or
2
13"-18"
6
or
3
$6,000.00
19"-24"
8
or
4
$8,000.00
25"-30"
1 :
or
5
$10 000.00
31 "-36"
2
or
6
$12.000.00
37"-42"
14
or
7
$14.000.00
43"-48"
16
or
8
'.16 000_00
49'"-60"
20
or
10
$20,000.00
11 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.
i2)_Up to thirty percent (30l percent of the two-inch DBH replacement tree requirement
may be met by native species with a minimum height of eft ten (10), feet and a
minimum DBH of one and one-half (1 1/2) inches at time of planting.
(3) The removal of a Palm shall be replaced with two (2) Palms at 16 feet overall height
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with a six-inch DBH or one (1) Tree at 12 feet overall height with a two-inch DBH.
Native 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 thirty percent (30) per -Gent of the required
replacement trees shall be palms.
(b)Tree species. Tree(s) installed as replacement trees shall be of a native or non
invasive species and shall be planted at grade or ground level according to 4-SA ANSI
best management practices manual, incorporated herein by reference. When more an ten
trees are installed as replacement trees, a diversity of species shall be required per chart
17.6.2.1 tree species diversity chart, below.
Chart 17.6.2.1
Tree Species Diversit
Required number of trees
Required minimum numb of species
11-20 _
2
21-50
4 _
51 or greater
6
(b) Prohibited specioc Tree Replacement Alternatives
required for the removal of any prohibited sped except Ficus altissima (Lofty Fig)
and Ficus benghalensis (Banyan Tree). No fe; will be assessed for removal of
prohibited tree species.
1. Replacement Trees for Homestead Properties ► ay comply with the following alternatives:
a. The removal of a non -specimen and - on -native Tree, a Controlled Tree Species or
a Palm species shall be replaced with . native species at a one-to-one ratio upon written
confirmation from the Department. ' -placement shall be of minimum replacement size
at two (2) inches DBH and twelve 2) feet overall height.
b. Trees authorized for removal om lots that meet the minimum lot Tree requirements,
as described in Article 9 of the iami 21 Cade, shall be replaced at a one-to-one ratio,
excluding Specimen Trees - d Trees effectively destroyed, as a result of Tree Abuse.
c. Homestead Properties at remove Trees without a proper Tree Permit must comply
with the standard Repla•-went Tree quantities and requirements and may not avail
themselves of these a-rnatives.
2. Prohibited Tree Speci may be removed after obtaining a Tree Permit. Replacement Trees
are not required for the -moval of any Prohibited Tree Species as listed in current edition of the
Miami -Dade County ' ohibited Species List, except Lofty Fig (Ficus altissima) and Banyan Tree
(Ficus benghalensi which are subject to the provisions of this Section. No fees will be
assessed for Tre= ' emoval of Prohibited Tree Species.
3. The City M . nager or designee, after a recommendation of the Department, may adiust the
reguiremen of Replacement Trees for affordable housing developments that are procured by
the City d/or funded by the City, regardless of the source of funds.
(d) T •e quality. After issuance of a Tree Permit, Trans 1n5t flee replacement trees in
ac rdance with this section shall conform to, or exceed, the minimum standards for Florida
mber One as provided in the most current edition of "Florida Grades and Standards for
ursery 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.
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(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 are
written 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. If the Department confirms and verifies that Replacement Trees cannot be planted
within the City Commission District of the subject property due to capacity issues, the
Department may approve the planting of the excess Replacement Trees in other parts of
the City. An alternative to off -site replacement is provided in subsection (f), relating to t
contribution to the tree trust fund. Applicants may do both to the extent that they sho
proffer to do so.
(f) Tree trust fund. If the total number of trees required as Feglacement trees ca► of be
reasonably planted on the subject property, the applicant shau contribute to t city's tree
trust fund the sum of $1,000.00 for each two inch DBH tree required as rep . cement trees
in accordance with chart 17.6.1,1. A city resident with currant proof of roc ency and
homestead status shall contribute $500.00 for eacia two inch DBH tree r=quired as
replacement trees in accordance with -hart 17.6.1.1, one time during calendar year--o
or her homestead property. An addition or an alternative to contribu ' g to the tree trust
fund, is provided in subsection (o), relating to off Cite rcp.accmcnrocs. Applicants may do
both to the extent that they should proffer to do so.ff the Depart ent determines that an
applicant is not able to comply with the planting of Replaceme Trees either onsite or off -
site as required by this Section, then the applicant shall ma a financial contribution into
the City's Tree trust fund prior to issuance of the Tree Per it as follows:
1. Non -Homestead Properties. The contribut' . n shall be equal to $1.000.00 for
each two-inch DBH Tree required in acc• dance with Chart 17.6.1.1.
2. Homestead Properties. The contributi• shall be equal to $500.00 for each two-
inch DBH Tree required in accordan with Chart 17.6.1.1 per calendar year. If
additional Tree Permits are issued the same calendar year, the subsequent
contribution shall be equal to $1,'i0.00 for each two-inch DBH Tree required in
accordance with Chart 17.6.1.1
(g) Completion. The (Replacement tlr e process shall be completed prior to the issuance
of a certificate of occupancy or tem+ •nary certificate of occupancy. Moreover, the approval
of a tree relocation or tTeee pPermit is contingent on any requirements set forth in
subsections (a) through (f) abov
(h) Maintenance of relocate • -nd Replacement Trees. Trees that are relocated or replaced
must be maintained in a h.:lthy growing condition and guaranteed for a period of at least one
(1) year unless otherwis: authorized by the Department in writing.
Sec. 17-7. - Tree pr• ection.
(a) Tree prote• ion during construction. Trees shall be protected during construction
activity - determined by the building department through the use of protective
barrier • in accordance with the landscape manual. Trees that are to remain shall be
clear identified with tags. A protected area with a radius of ten feet shall be
crtified arborist otherwise determines in writing that a smaller or largor protected
approved. Tree Protection Barriers shall be maintained around the Trees in
accordance with the Tree protection plan approved by the Department.
Prior to and iDcluring demolition, and/or development or construction, including installation of
irrigation systems or any other underground installations, protective barriers shall be placed
around the perimeter of each Tree's Tree Protection Zone f TPZ) aach tree and shall remain in
place in order to prevent the destruction or damaging of roots, stems or crowns of such trees.
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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 Other Tree requirements. Property owners shall protect the Trees designateor
preservation in the approved Tree Permit from chemical poisoning, excavation, grade ch qes,
and any other potential Tree Abuse to at least the following minimum standards:
1 Utility line trenches. Utility line trenches and/or directional borings shall • - routed
away from the Trees to an area outside the Tree Protection Zone (TPZ) tthe maximum
extent possible.
2. Parking on site during construction or development activities. N. •arkinq, vehicle
maintenance, storage of construction materials or debris, or clea► ng of equipment shall
take place within areas marked for preservation specifically inc ddinq, but not limited to,
within the Tree Protection Zone (TPZ) of any individual Tree •r cluster of Trees.
Sec. 17-8. - Appeals, appellate fees.
(a) Appeals to the historic and environmental preservation oard (HEPB). The property
owner, the applicant, or any aggrieved party having stan• ng under state law, may appeal
to the HEPB any decision of the department on matter relating to applications for tree
removal permits, except for tree removal permits gra ed to the departments of public
works or capital improvements program by fling a ritten notice of appeal to the
preservation officer, as established in section 62 91 Chapter 23, within ten (10) calendar
days after the date of the intended decision. T notice of appeal shall include the decision
appealed from and the reasons or grounds fa the appeal. HEPB shall hear and consider all
facts material to the appeal. HERB may aff , modify or reverse the decision of the
department.
All appeals to the HEPB in accordan`- with this section Article shall be accompanied by a fee
of $315.00., However, no fees sha *e assessed except for appeals initiated by an owner of
property which abuts tho subject iroperty for abutting property owners, as defined in Miami
21, in which a tree removal per it is sought, including properties located acro:,s a street or
alloy from the subject prope , appeals by a nonprofit corporation dedicated to conservation
and protection of the natur_ and physical environment, or appeals by a homeowners
association, as defined b F.S. ch. Chapter 720, Fla. Stat., as amended, which has one
member who owns pro' •rty within 500 feet of the subject property who shall pay a reduced
appeal fee of $157.5
(b) Appeals to th= city commission. The property owner, the applicant, the department, or any
aggrieved part acing standing under state law, may appeal to the city commission any
decision of - - - - - - • _ _ _ _ . _ _ - HEPB on matters relating to
application- or tree removal permits by filing a written notice of appeal with the department of
hearing + ards within 15 calendar days after the date of the decision. The property owner, the
applica , or any aggrieved party having standing under state law may appeal to the city
com ► ssion any decision by the Department on matters relating to Tree Permit applications
for ee removal permit granted to the departments of public works or capital improvements
pram or to their contractors, by filing a written notice of appeal with the department of
earing boards, within 15 calendar -days after the date of isuancc of the permit intended
decision. 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
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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 cit
commission shall hear and consider all facts material to the appeal and may affirm, modif or
reverse, in whole or in part, with or without conditions, HEPB's decision, or may grant or .eny
the appeal of the tree removal permit issued to the departments of public works and c. +ital
improvements.
All appeals to the city commission in accordance with this section shall be acco panied by a
fee of $500.00525.00, plus $4.50 per mailed notice to the adjacent owners w in a five
hundred (500) -foot radius. A certified list of said owners shall be provided h all appeals.
However, no fees shall be assessed except for appeals initiated by an o er of property
which abuts tho cubjoct property abutting property owners as defined b the Miami 21 Code,
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 dedic- -d to conservation and
protection of the natural and physical environment, or appeals by : homeowners association,
as that term is defined by F.S. ch. Chapter 720, Fla. Stat., as a r -nded, which has one (1)
member who owns property within five hundred (5001 feet of t►- subject property who shall
pay a reduced appeal fee of $2Q62.450.
For all appeals, all applicants and/or appellants shall pa the applicable advertisement and
notice fee. as established in Section 62-22.
The decision of the city commission shall constitu • final administrative review, and no petition
for rehearing or reconsideration, shall be consired by the city. Appeals from decisions of the
city commission may be made to the courts a- provided by the Florida Rules of Appellate
Procedure.
(c) Notice. All public hearings on appea shall be noticed as follows. Notice of the time and
place of the public hearing shall be m. ed at least ten (10) calendar days in advance of the
hearing to the owner of the subject ► operty and the owners of the adjacent properties. At
least ten (10) calendar days in ad -nce of the hearing, a sign, in compliance with the
provisions of subsSection 02 1 =(2)3 62-19, shall be posted on the subject property.
(d) No tree removal permitt + during an appeal. Upon timely submission of an appeal made
pursuant to the requirem is of this section, new construction and removal of any trees
which could be affected •y the subject appeal is prohibited, pending final disposition of the
appeal. A violation of is subsection will automatically result in an additional $500.00 fine
payable to the city' ree trust fund for each separate violation of this section.
Sec. 17-9. - Enf cement.
(a) Jurisdic •n. T#e department Code Compliance shall have jurisdiction for the proper and
effective - forcement of this article, under chapter 2, article X entitled code enforcement. Tho
Code Compliance shall have the right to inspect subject properties in accordance
with t- approved tree removal permit and the provisions of this article. The Department shall
wor with Code Compliance to ensure effective enforcement of this Article. Upon notification
b Code Compliance and/or the Department, the Building Official may immediately issue a stop
ork order for any work that contributes to the violation of this Article. A stop work order shall
remain in effect until the violation has been corrected, including payment of ail fines.
(b) Individual enforcement. Each tree removed, relocated or illegally pruned without a tree
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removal permit shall constitute a separate and distinct violation and shall be the subject of
individual enforcement.
Sec. 17-10. - Penalties, remedies cumulative.
(a) Fine.
shall be fined up to $1,000.00 per day per violation fora first violation, and shall be f+ned •
to $5,000.00 per day per violation for every ropcet violation of this ordinance, or a grey r
penalty as provided by law, and shall undergo the tree replacement process pursuan o
section 17 6. Each tree removed with -out a tree removal permit shall constitute a separate
and distinct violation, subject to a Separate fine and-tcoe replacement pursuant to ection
.Any property that violates this Article shall be subject to the following pen. a es:
1. Non -Homestead Properties. For every Tree that has been the s eject of Tree
Activity without a Tree Permit or the subject of Tree Abuse, a f e of $1,000.00
per Tree shall be imposed.
2. Homestead Properties. For every Tree that has been th subject of Tree Activity
without a Tree Permit or the subject of Tree Abuse, a e of $500.00 per Tree
shall be imposed.
3. Said fines are appealable to the Code Enforcem• nt Board pursuant to Chapter
2, Article X of the City Code.
4. Any property that has had a previous fine •r a violation of this Article within the
past five (5) nears may receive a fine as .tated in this Section and shall also be
automatically referred to the Code Encement Board pursuant to Chapter 2,
Article X of the City Code and subje to enhanced penalties of $5.000.00 per
day per violation pursuant to Sectii► 162.09, Fla. Stat.
5. Nothing in this Article shall pr■ ibit the City from enforcing this Article by any
other means. The enforce nt procedures outlined herein are cumulative to all
others and shall not be de ed to be prerequisites to filing suit for the
enforcement of any sect' •n of this Article.
(b) Tree replacement required. e planting of replacement trees shall be required, in
addition to the monetary fine -ssessed pursuant to this article. The number of trees
required as replacement fo -ach tree that was removed without a permit is provided in
chart 17.10.2.1, the tree rplacement chart, for trees removed without a permit, below. If the
total number of trees re'. fired as replacement trees cannot be reasonably planted on the
subject property, the +plicant may contribute to the city's tree trust fund in the amount
provided in chart 17 0.2.1.
Chart 17.10.2.1.
Tree Replacement Chart for Trees Removed Without a Permit
Diameter
(DBH of
each tr
remo d
wit ut a
p mit
N imhor of replaseme t
OR
Number
OR
Contribution into
Tree Trust Fund
trees required (2" DBH
of replacement
trees DBH
minimum each: 12'
required (4"
16'
minimum heightTotal
minimum each:
minir.., um height) Total
number of Replacement
number of Replacement
Trees required (where
Trees required (where
each Replacement Tree is
each Replacement Tree is
a minimum of 2" DBH x 6'
a minimum of 4" DBH x 8'
spread in Canopy x 12' in
spread in Canopy x 16' in
height)
height)
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2"-3"
2
or
1
or
$.42,000.00
4"-6"
4
or
2
or
$24,000.00
7"-12"
8
or
4
or
$48,000.00
13"-18"
12
or
6
or
W12,000.00
19"-24"
16
or
8
or
$816,000.00
25"-30"
20
or
10
or
$4020,000.0►
31 "-36"
24
or
12
or
$4224,000 40
37"-42"
28
or
14
or
$4428,0► f.00
43"-48"
32
or
16
or
$1632 400.00
49"-60"
40
or
20
or
Iti44,000.00
if the sum of the diameter of trees to be removed exceeds a total of 60 inches e additional
inches shall be added cumulatively from the top of the chart, down to the bo •m of the chart,
to calculate the number of trees required as replacement trees. If the exa DBH cannot be
determined for Trees removed without a permit, established industry prac es shall be used to
determine an estimated DBH, as approved by the Department.
(c) High -Risk Trees. Trees that are High -Risk Trees, as a result of ree Abuse, are subiect to
the Replacement Tree requirements of Section 17-10(b) of the Ci ; Code. High -Risk Trees that
result from any other reason are not subiect to Replacement Tr -s.
(ed) Tree viability after project completion. If the departuredetermines that any tree is not
viable, alive and growing one year after all associated d- elopment tree activity on the
property is completed, the department shall require th- said tree be replaced with the same
tree species and size which was originally planted o elocated, as per the approved tree
removal permit.
(de) Withholding of a new building permit. The cmoval of aAny tree Activity in violation of
this article shall constitute grounds for withh►ding new building permits directly related to
said tree-cmoval Activity until the violatio as been corrected, including payment of all
fines and planting of all required replace- ent trees as pursuant to this section.
Alternatively, in order to obtain the ne uilding permit, the person in violation may post a
payment and performance bond pur- ant to F.S. § Section 255.05, Fla. Stat., as amended,
naming the city as obligee. The b. d shall be in the amount of ten percent (10%) of the
construction cost or ten percent 0°/0) of the appraised value of the property, if no
construction exists. The bond ill remain in place until the violation has been corrected,
pursuant to this section. In t event a bond is not feasible, the city may accept an
irrevocable, unconditional •tier of credit, in the previously stated percentages, naming the
city as payee.
(ef) Withholding of - ertificate of occupancy. The department shall not approve the zoning
inspection require + for a temporary or final certificate of occupancy until all Tree Permits
have been finaii -d and violations of this article have been corrected, including the payment
of all fines an• he planting of all replacement trees required as mitigation, pursuant to this
section.
(fg) Re -dies cumulative. The remedies provided in this section shall be cumulative to all
reme• -s provided by law andlor equity, and the election of one shall not preclude the
oth
h) 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 andlor legal remedies
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assigned by the court.
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 or designee determines, in writing, that tree fecneval-permi ng
requirements will impede private or public work to restore city order after a declared ate of
emergency by the city commission.
(3) The immediate removal of any tree
err that presents a life safety issue, by demonstrating to the city, following treview and
recommendation of the department, which may require photographic proof evised and/or
other supporting documentation, to help determine the condition of the tr e prior to its
removal which:.
a. Croatos a lifo safety issue;
h Prevent , person from +ho use or enjoymont of the property;
s ❑re a -ts further damago
(4) Nothing in this article shall be construed to prevent the pr . ning or trimming of trees
where necessary for proper landscape maintenance and s ety, provided that the pruning
or trimming of trees is done in accordance with ANSI A- 0 Tree Care Standards and the
guidelines illustrated in the landscape manual.
Secs. 17-12-17-25. Reserved.
*1]
Section 3. If any section, part of a section„ -.aragraph, clause, phrase, or word of this Ordinance
is declared invalid, the remaining provisio s of this Ordinance shall not be affected.
Section 4. This Ordinance shall bec+ e effective immediately upon its adoption and signature
of the Mayor.2
APPROVED AS TO FORM AN CORRECTNESS:
1/3/2017
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from
the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately
upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.