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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney DATE: May 5, 2017 RE: Ordinance N . 13670 File No. 1399 On March 23, 2017, Legislation for agenda item SR.1 was adopted by the City Commission on second reading. A correction was made to the definition of Root Pruning in Section 17-2, entitled "Definitions," to capitalize the defined term "Tree Permit." Further, a correction was made to Section 17-4(c)(5)(f) to correct existing language to replace the misspelled "insure" with "ensure." t- , VM/BLM/vja Enclosure(s) '5q9__ (\te(1efs- Po/ 02_ 0-errs City of Miami Legislation Ordinance 13670 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.cam 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 t❑ 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:' "ARTICLE 1. TREE PROTECTION IN GENERAL Sec. 17-1. intent and purpose ' 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. City of Miami Page 1 of 23 File ID: 1399 (Revision: C) Printed On: 5/3112017 File ID: 1399 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 Arboriculture! 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 gilding Tree permit. Arboriculture: The cultivation, management, and study of woody plants, especially Trees. Arborist, certified: A person who is certified by the International Society of Arboriculture (ISA) and is well versed in the art of arboriculture, including tree surgery, the prevention and cure of tree-diseaascs, aR4the control of insects. 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 City of Miami Page 2 of 23 rile ID: 1399 (Revision: C) Printed on: 5/3112017 File ID: 1399 Enactment Number: 13670 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 outreSection 23 5(0l) 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 condition] 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: Those Ttree species listed in the most recent edition of the Miami - Dade County Landscape Manual which can become invasive in tend to -be sa, s because. of thei ah;l,+y to invade p_e.xim& native plant communities or native habitats, but whin , {f when not located in and cultivated properly, y-be useful er fined nal clom,.nts a# 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 The ginner par e.{ a trap me sur d frond the iowe,s4 L r% ciclairli n li 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 protection 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 (4%) above ground level (surface grade or soil grade). In the case of City of Miami Page 3 of 23 File /0: 1399 (Revision: C) Printed on: 5/31/2017 File ID: 1399 Enactment Number: 13670 multi -stemmed Trees, the DBH is a calculation of the sum of the DBH of each trunk measured at four and one half feet (41,0 above ground level. Dead tree: A tFee which has no vital function). 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 ter 2, aFtiele X arc 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 building construction, additions (including 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 trce's trunk measured at a hcight four and Drip line; tree branches and oxtending to VI-0-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 been introduced from another country or geographic other regions, and outside its natural range, which may become naturalized or invasive, i but is not native or indigenous to a region. Exotic Species: A Tree that is not native or indigenous to a region and may be invasive. Fatally diseased tree: A tree , 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 City of Marne Page 4 of 23 File 1D: 1399 (Revision: C) Painted on: 513112017 File ID: 1399 Enactment Number: 13670 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 proiects 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: down fu,z of-oarbohydrates riming 0d to k 14 a tree. 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 measuring -the degree of rice or descent of a sloping surface. Hatracking (topping): The red ction of tree size using into taod cute without regard to tree 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 between nodes. Hazardous tree: A tree with the potential to fail or fall, iR aR env-iFonment that may cent4 ute to that failure, and such that a person or object could be injured or damaged by that failure. A abated by other means (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. Internodellnternodal: The re ion of a Tree's Stem between two 2 successive nodes' Ion th 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. City of Miami Page 5 of 23 Fite ID: 1399 (Revision: C) Printed on: 513112017 File ID: 1399 Enactment Number: 13670 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 majority 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: Plan specios with geographic drstr,butio. i genou& to all or part of plant -sperms within tho nlean{iing of th .,1&finition 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 giant 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 Trunk. Person: As per the definition set forth in section 1-2 of the City Code. Prohibited tree species: Thoset ee peeiey th,, +ere detrimental -to naive „lantc native those designated in the Miami Dade County A species of Tree listed as a prohibited species in the current edition of the Landscape Manual -and the Ficus BenjaminafWccping Fig as well as Weeping Fig Trees (Ficus beniamina). construction on a subject property as described In the Miami Dade County -Landscape Manual. Pruningltrim incorporated herein by reference. A tree removal permit Choi! also be required for the pruning or trimming of t ee+s) not in compliancemith NCI `Z0i5 St-+ d 4 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: Those teseic that -ire -planter! for the p„rposen r f City of Miami Page 6 of 23 File ID: 1399 (Revision: C) Printed on: 5/31/2017 File I©. 1399 Enactment Number: 13670 tilis-aftie„€Also 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: Fe noya.l--of mo re_than tars pe eRof a tree' ^ ' tm . The cutting of Roots to limit their vertical or lateral growth, the process of pre-cutting Roots behind the line of a planned excavation to prevent tearing and splintering of remaining Roots, 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. Root Pruning of more than ten percent (10%) of a Tree's Root system requires a Tree Permit. Scenic transportation corridor: Those roadways identified by the state or by the city commission resolution as having a unique landscape, an expansive tree canopy and/or unique landscape features that is of substantial environmental or scenic importance to residents and visitors, Shrub: A woody, perennial plant separated from a Tree by its lower mature height (generally under twenty feet (201, 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: 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. City of Miami Page 7 of 23 File ID: 1399 (Revision: C) Printed on: 5/3112017 File ID: 1399 Enactment Number. 13670 Specimen tree: A tree with any individual trunk or a multiple trunk tree, the sum of the aclr,rloo tha foll„sa iniga (1) Non native fruit trees cultivated or grown for the specific purpose of producing edible fruit,, including, but not limited to: mangos, avocados or species of citrus; (2) Non native species of the genus Ficus; and (3) All treos 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 grove 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: in axis or trunk, with a minimum trunk diameter at breast height of two inches and a minimum overall height o€ 12 feet. This definition-excludos plants which are defined as_shrubs, hedges, vines, or-graurad A woody perennial plant, including Palms, usually having only one (1) dominant Trunk and a well- defined Stem or Stems 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: (2) Hatracking; (4) Prunin wing forage of a +ree e e e not in coordance with the current ANSI A300 Stand r-do nlar.c a. mi+ fre,,.h the city is ..bt.hined: 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 01) 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, Trcc pruning: Selective trirnm-ing of the 1 t rt eef ecitie ,oal_ bjn tivs + r -�'cnTrF'arc:r�B�rGcr�pcv �o-gva--v�c£rrrr�. s--ivr 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°la) or trimming of a Root more than one inch (1 ") in diameter. tarty of Miami Page 8 of 23 File 1D: 1399 (Revision: C) Printed on: 5/31/2017 File ID: 1399 Enactment Number: 13670 Tree Boundary Survey: A survey such as a tgpographic 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 subiect 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. canopy, crown or living foliage of a tree within an annual growing uoson or one year period or for pruning which -is otherwise -Rot in accordance with the ANSI A 300 Standards. Furthermore, any removal of root,' one inch in diameter or greater and/or the removal of more 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. ioie of -any tree within the t .tons o pted 4.y . ctio.., 4 7 4 4 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 andfor 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. City of Miami Page 9 of 23 File ID: 1399 (Revision: C) Printed on: 5/31/2017 File IC: 1399 Enactment Number: 13670 Viable: A tree, which in tho3idgment of the department is capable of sustaining its. fe Vigor: The capacity of a Tree to grow 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. ILLAny 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 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. requirements. (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 felcieate-atr-e-e-sitvateci engage in Tree Activity on any property described in section 17-3 of this Article without first obtaining a tree fe-iRevaI permit and unless exempted by section 17-11 of this Article. (2) canopy, crown or living foliage -of a tree within of ^^E ia' g ew ;g 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 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 City of Miami Page 10 of 23 File ID: 1399 (Revision: C) Printed on: 5/31/2017 File ID: 1399 Enactment Number: 13670 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. Ap-plications shall -be 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 p l ledge and shall include za wntte statement indicating the r a ;o c for the removal Vnr eo ldeat n of ach tee. The following documentation and ar y applicab10-feel^ shal1 a app1 ca+• A Tree Permit application shall include those supporting documents and plans as required bvthe 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)0-) Application additions_ pno1 aRel_deckr shall el- wdo the folly 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. 1Spplieatiens for n b gelding errnit or tree-rro oyal-sh -il also incl de a, A tree 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 building(s), the tree disposition plan shall be prepared by and bear the seal of a landscape architect currently licensed in the state, or by persons authorized by F,S,en. Chapter 481, Florida Statutes, as amended, to prepare landscape plans or drawings. c. A Tree protection clan depictinn 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 City of Miarni Page 11 of 23 File ID: 1399 (Revision: C) Printed on: 513112017 File ID: 1399 Enactment Number: 13670 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 trco rernova4 Plans for a Tree Permit in conjunction with &#all new construction, including but not limited to demolition, additions, pools, and decks shall include the following: e. 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. 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. 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. City of Miami Page 12 of 23 File !D, 1399 (Revision: C) Printed on: 5/3112017 Fite ID: 1399 Enactment Number: 13670 comply t. rith the following lternate f ern n+�• vvrnrfa iry . e iT i i n i c � Q cr Tx i r9. cTCGI P 6CiCQ ClL�'C1T�GTTiTaTfCr�. confirmation from the city, requirements. confirming that the tree is hazardous, fatally �#iseascd, ef dead. T-he department may eeientific literature. After obtaining 3 tree removal per-nciihe-desig-nated-tree(s)-may-be removed without tha ne d for tree replanemer4 fray require photographs of the trec(s) to support the identification of the tree species, basis- (ed) Review of application. Upon receipt of a completed Tree Permit application, the department o code -en,ox rt (here n referred to s �,e ,r~m nt) shall review said application for compliance with the regulations as set forth in this article. Such review 4414 may include a field inspection of the site and referral of the application to other departments or agencies as necessary. Within 15 calendar roe, of the r c ipt of a romp}eterl ar.plinatinn' the TT e peTm1t reg, �est 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. (ele) 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 tree) on site to be removed or other actien requiring 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 filed -received within ten (10) calendar days of the issuance of the intended decision, the tree pruning permit or tree removal permit if originrJlly -xpprevr,d „rt nt shall be issued. The property owner shall insuroensure that the tree removal permit is displayed until the authorized work is completed.. (fg) 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. City of Miami Page 13 of 23 Fite ID: 1399 (Revision: C) Printed on: 5/31/2017 File ID: 1399 Enactment Number: 13670 (gh) Final inspection. No later than six (6) months following the completion of the authorized work, the applicant shall schedule a final inspection with the department for verification and acceptance of the final authorized work. Sec. 17-5. Criteria and conditions for tree removal and relocation Permits. (a) Criteria for tree removal Permits. No permit shall be issued for tree removal unless 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 (15- foot setback), are not considered located within the buildable area or yard. Ingress and egress to garages are not considered buildable or yard areas. Trees on a public right-of-way shall not be considered for removal because they restrict ingress or egress to the garages or parking on the site, except if there is no other reasonable access to and from the structure or to the property from the public right-of-way. Thic restriction Shan b b . eiter tham dire,.t r works when it relates to the public right of way. (2) Whether the tree is 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 impairigs 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 tree is a exotic t:eepe s wil�„lll-bbe rep; c ,a�;tx�„th--aa--Fiat��e species to promote good forestry practices; creates a health hazard; interferes with native tree species; or creates a negative impact on natural land features such as rock outcroppings, sink holes or other geological, historical or archeological features. (46) It is in the interest of the general welfare of the public that the tree be removed for a reason other than set forth above. 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 City of Miami Page 14 of 23 File 10: 1399 (Revision: C) Printed on: 5/31/2017 File ID: 1399 Enactment Number: 13670 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 subiect 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, 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 6' 4"minimum each: DBH x 8' each: x 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 $12,000.00 $14,000.00 37"-42" 14 or 7 43"-48" 16 or 8 $16,000.00 Gay of Miami Page 15 of 23 File ID: 1399 (Revision: C) Printed on: 5/31/2017 File ID: 1399 Enactment Number: 13670 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. L2l Up to thirty percent (3013) nab 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 (14' 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 (30a1 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 nativo invasive species and shall be planted at grade or ground level according to ISA 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 Divers' Required number of trees Required minimum number of species 11-20 2 21-50 4 51 or greater 6 (b) Prohibited Epeci-es Tree Replacement Alternatives. Replacement trees are not pmehibiter &ee-speoies- 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_ Cify of Miami Page 16 of 23 File ID: 1399 (Revision: C) Printed on: 5/31/2017 File ID: 1399 Enactment Number: 13670 2. Prohibited Tree Specie-s 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, T-rees 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 1 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 a+ 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. , :n aceofdanoe with chart 1 7 city sident , �i+h r i Feet proof of rn id r nc y and replacement trees iiRaccordance with chart 17.6.1.1, erne t Re d+ i ig a -calendar year on his ant -that they she4 rd proffer to ` o so.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. City of Miami Page 17 of 23 File JD: 1399 (Revision: C) Printed on: 5/3112017 File IQ: 1399 Enactment Number: 13670 (g) Completion. The t=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 Permit 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 clear, identified with tags. ° r t otod area ...+� d:, « { fie+ hall be y � . Nrvco vcG�a� rc or'rr,rrr u 9ti�r�ra.7Zjr-��T7Tc n carr�ar a certified arborict otherwise dctcrmine " Tree Protection Barriers shall be maintained around the Trees in accordance with the Tree protection plan approved by the Department. Prior to and during demolition, a development, or construction, including installation of irrigation systems or any other underground installations, protective barriers shall be pieced around the perimeter of each Tree's TPZ eoch trco 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 duster 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 permits, except for tree rerneval 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 seetisn„ 191 Chapter 23 of the City Code, within ten (10) calendar days after the date of the intended decision. The notice of appeal shall City of Miami Page 18 of 23 File ID: 1399 (Revision: C) Printed on: 5/31/2017 Fite ID: 1399 Enactment Number: 13670 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. All appeals to the HEPB in accordance with this sect-ierr Article shall be accompanied by a fee of $315.0O However, no fees shall be a ossed except for appeals initiated by an -owner -of ,property whin+, a.butc the su►„oc+ propert , fo abutting property owners, as defined in the Miami 21 Code, for which a tree removal, permit is sought,, including properties located acro..s a street or alley 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 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 historio-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 appear to the city commission any decision by the Department on matters relating to Tree Permit applications for tree -removal permit 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 -issuance the 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 (5001-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 ap ownex of prr.per+y which abut& ttie s bject property abutting property owners, as defined by the Miami 21 Code, for which a tree removal permit is sought,, including properties located acrors a street or alley from the—bj-eet property aAppeals by e 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 Chapter 720, Florida Statutes, as amended, which has one Lil 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 City of Miami Page 19 of 23 File ID: 1399 (Revision: C) Printed on: s/31/2017 File ID: 1399 Enactment Number: 13676 for rehearing or reconsideration, shall be considered by the city, Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure. (c) Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and place of the public hearing shall be mailed at least ten (101 calendar days in advance of the hearing to the owner of the subject property and the owners of the adjacent properties. At least ten (1 O) calendar days in advance of the hearing, a sign, in compliance with the provisions of s bsSection 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 ($500.001 fine payable to the city's tree trust fund for each separate violation of this section, Sec. 17-9. - Enforcement. (a) Jurisdiction. The depaFteeent Code Compliance shall have jurisdiction for the proper and effective enforcement of this article, under chapter 2, article X entitled code enforcement. The 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. te-$5,000,00 per day per violation for ovcry ropciat violation of this ordinance, or a greater .Any property that violates this Article shall be subject to the following penalties: 1. 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. City of Miami Page 20 of 23 File ID: 1399 (Revision: C) Printed on: 5/3112017 File ID: 1399 Enactment Number: 13670 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 subject 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 shati 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 rem►' d of replacement minimum ach: 12' m —num each. 6' minimum he4 htTotal m'snimu1m hr ight) 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 $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 $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 $4.428,000.00 43"-48" 32 or 16 or $4 32,000.00 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 60 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 Page 21 of 23 Fife 1D: 1399 (Revision: c) Printed on: 513112017 File ID: 1399 Enactment Number: 13670 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 subject 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 subject 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. (die) 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 ce-meA.Lal 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 €--§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. (g) 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. City of Mr`amr Page 22 of 23 File !D: 1399 (Revision: C) Printed on: 513112017 File ID: 1399 Enactment Number: 13670 (3) The immediate removal of any tree or -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 its removal which:. a. Creates 3 life safety issue; b. Prevents a person from the- c t of the property; c. Prevents further damage. (4) Nothing in this article shall be construed to prevent the pruning or trimming of trees where necessary for proper landscape maintenance and safety, provided that the pruning or trimming of trees is done in accordance with ANSI A-300 Tree Care Standards and the guidelines illustrated in the landscape manual. 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.` APPROVED AS TO FORM AND CORRECTNESS: DO NOT CERTIFY - PENDING SCRIVENER'S ERROR MEMO FROM LAW 3 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. Gify of Miami Page 23 of 23 File ID: 1399 (Revision: cj Printed on: 513112017