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3500 Pan American Drive
Miami, FL 33133
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File Number: 10621 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER
62, ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "TREE TRUST FUND" IN ITS ENTIRETY
AND AMENDING CHAPTER 17 OF THE CITY CODE TITLED
"ENVIRONMENTAL PRESERVATION," TO CREATE A NEW TITLE "TREE
PRESERVATION AND PROTECTION"; FURTHER PROVIDING
CLARIFICATION OF DEFINITIONS AND PROCEDURES THROUGHOUT
CHAPTER 17, AS AMENDED HEREIN AND PROVIDING NEW EXEMPTIONS;
FURTHER ESTABLISHING A NEW ARTICLE IV, TITLED "TREE TRUST
FUND" TO PROVIDE THAT PAYMENTS FOR TREE VIOLATIONS BE
REMITTED TO THE TREE TRUST FUND AND TO PROVIDE THAT A
SPECIFIED PERCENTAGE FROM THE TREE TRUST FUND BE EXPENDED
FOR EDUCATING CITY RESIDENTS ON TREE PLANTING AND TREE
MAINTENANCE AND A SPECIFIED PERCENTAGE BE EXPENDED BY THE
CITY FOR MAINTENANCE OF TREES ON PUBLIC PROPERTY; FURTHER
SLIGHTLY ADJUSTING THE PERCENTAGES IN TREE TRUST FUND
EXPENDITURES TO ACCOMMODATE THESE NEW PERCENTAGES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Tree Trust Fund was established in 2004 to facilitate the
compliance of tree replacement requirements according to Chapter 17 of Code of the
City of Miami, as amended ("City Code"), to facilitate the receipt of equitable
contributions for replacement trees, to enhance the tree canopy coverage throughout
the City of Miami ("City"), and to restore the loss of tree canopy cover in the City; and
WHEREAS, it is in the best interests of the City to provide that certain specified
expenditures from the Tree Trust Fund be expended on providing education to City
residents who are residential homeowners on the planting, maintenance, and other
recommended measures for trees; and
WHEREAS, it is additionally in the best interests of the City to provide that
certain specified expenditures from the Tree Trust Fund be expended to assist the
Departments of Resilience and Public Works and Parks and Recreation in the
maintenance of trees on public properties throughout the City; and
WHEREAS, the City Commission wishes to repeal and replace , Chapter 62,
Article X of the City Code and place the Article within Chapter 17 for ease of reference
and procedure with the aforementioned amendments; and
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WHEREAS, this Ordinance shall establish a new Special Revenue Project titled
"Tree Operating Account" and shall authorize the City Manager to designate the
Director of Resilience and Public Works Department to expend funds from this account
to maintain trees, shrubs, and plants on public property; and
WHEREAS, half of the funds in the Tree Trust Fund, at the time of the adoption
of this Ordinance shall be transferred into the new "Tree Operating Account" for
maintenance expenditures; and
WHEREAS, clarification of exemptions and several definitions within Chapter 17
are necessary and in the best interest of City residents;
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 62 Article X of the City Code, titled "Tree Trust Fund", is
amended in the following particulars:
"Chapter 62
PLANNING AND ZONING
ARTICLE X. TREE TRUST FUND Reserved.
Scc. 62 301. Intcnt.
It is intcndcd that thc "Trcc Trust Fund" bc cstablishcd in ordcr to facilitatc thc
compliancc of trcc rcplaccmcnt rcquircmcnts according to chaptcr 17 of this Codc, to
facilitatc thc rcccipt of cquitablc contributions for replacement trees, to enhance the tree
canopy coverage throughout the city and to restore the locs of tree canopy covcr in thc
city. Expcnditures from this trust fund shall rcquirc authorization by thc city managcr, or
his/hcr dcsigncc, upon writtcn rccommcndations from thc dircctors of thc dcpartmcnts
of planning and zoning, codc cnforccmcnt, and/or resilience end p iblic works
Scc. 62 302. Trust fund paymcnts.
Paymen t i �t fi incli de bi t shall not "^ limited t^ monies
r-�y-nT cr��crra�-c�rr-r-rvc-pc-rrn-rrcccrcv ; m�rrrc�
collected p irsi cant to this chanter and chanter '17 of this Code
Scc. 62 303. Establishcd.
(a) There is hereby established a trust fund to be entitled the "Tree Trust Fund" (thc
"trust fund") to bc maintaincd and administcrcd by thc city, into which funds shall bc
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deposited and from which funds shall be withdrawn pursuant to this articic to pay thc
procurcmcnt of rcplaccmcnt trccs to rcstorc thc loss of trcc canopy covcr in thc city
but arc not limitcd to thc following activitics by thc city or its authorized agents:
(1) Not less than 80 percent of thc trust fund shall bc cxpcndcd on trcc
rcplaccmcnt and rcstoration and cnhanccmcnt of trcc canopy covcragc throughout thc
city during cach fiscal ycar. Thcsc funds may bc uscd for periodic distribution of
saplings and shrubs to thc public to cnhancc trce canopy covcragc in thc city. Howcvcr,
if thc city manager, or his/hcr dcsigncc, detcrmincs that there are insufficient reserves
in the trust fund to implement a viable tree replacement program, funds may bc carricd
ovcr to the next fiscal year.
(2) Not more than ten percent of the trust fund shall be expended on activities
dircctly rclatcd to thrcc rcplaccmcnt and rcstoration and cnhanccmcnt of trcc canopy
covcragc throughout thc city during each fiscal ycar, including, but not limited to, survcy
work, sitc invcntory and analysis, landscapc architectural design scrvices, inspcction
(3) Not morc than tcn perccnt of thc trust fund shall bc cxpcndcd during cach
rclatcd to thc noticc rcquiremcnts of chaptcr 17 of this Codc. Said training shall bc
dircctly rclatcd to thc implcmcntation of chaptcr 17 of this Codc, including, but not
limited to, training to properly identify the different tree and palm species and to properly
gradc thc quality standards for new trecs and palms, including thc knowlcdgc of proper
(b) Allowablc cxpcnditurcs undcrtaken pursuantis chaptcr may bc made by thc city
managcr, or his/hcr dcsigncc, cxccpt that Est fund cxpcnditurcs in cxccss of
$50,000.00 will requirc approval by the city commission.
(c) It is thc intent of this articic that prior to thc cxpcnditure of funds for thc abovc listcd
itcms by thc city manager, that duc considcration is givcn to writtcn rccommcndations
from thc dircctors of thc dcpartmcnts of planning and zoning and/or rcsilicncc and
public works.
Scc. 62 304. Funds madc availablc; financial rcport.
(a) Funds dcpositcd in thc trust fund shall bc madc availablc to thc city manager for
implcmcntation purposcs; all disbursals of trust fund monics shall bc madc by thc city
rcsilicncc and public works.
(b) A financial rcport on trust fund rcccipts and cxpcnditurcs shall bc prcpared annually
at the closc of the fiscal year by the city manager or his/her designee and prcscntcd to
thc city commi-lion.
Section 3. Chapter 17 of the City Code, title "Environmental Preservation", is
amended in the following particulars:
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"Chapter 17
TREE ENVIRONMENTAL PRESERVATION AND PROTECTION
ARTICLE I. - TREE PROTECTION IN GENERAL
Sec. 17-1. - Intent and purpose.
The intent of this article is to protect, preserve and restore the tree canopy within the
City of Miami ("City") by regulating and provide guidelines, controls, and standards for
the removal, relocation, pruning, planting and trimming of trees.
The purpose of this article is to assure that the design. and construction, and
maintenance of all development activity or public right-of-way is executed in a manner
consistent with the preservation of existing trees to the greatest cxtcnt 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
edition• containing all Darts); International Society of Arboric ilture Glossary of
and Agricultural Scicncc Bulletin SS FOR 11 Forest Terminology for Multiplc Usc
Management.
* * *
* * *
Certified tree arborist report: A report issued by an ISA certified arborist or a Florida
licensed landscape architect 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 ISA certified arborist or Florida licensed
landscape architect.
* * *
Department: The Department of the City to which the City Manager has assigned or
designated the responsibility planning and zoning, which is responsible for review and
issuance of tree permits.
* * *
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 w-Whether a tree is a high -risk tree shall
be reviewed and accepted or rejected made by the Department upon assessing all
supporting information the supporting risks. Information regarding potential tree failure
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may be provided by arborists certified by the International Society of Arboriculture or a
Florida licensed landscape architect.
Special master magistrate: The person(s) appointed pursuant to Chapter 2, article X.
For purposes of this article, the special master magistrate shall be synonymous with
and have all powers of the Code Enforcement Board. The terms may be used
interchangeably.
Specimen tree: A tree that is equal to or larger than 18 inches DBH. Trees that do not
qualify as specimen trees are:
1. All single and multi -trunk trees in the palm family, except Acoelorrhaphe wrightii
and Phoenix reclinata when these two species have a minimum overall height of
fifteen (15) feet, Yaks non-native F,c, species „r an„ non_nati„e
fruit trec cultivatcd as a grovc trce for commcrcial production of fruit.
2. All trees listed in Section 24-49(f) of the Miami -Dade County Code,
3. All non-native Ficus species,
4. Plants in the Araucariaceae family,
5. Any non-native fruit tree cultivated as a grove tree for commercial production of
fruit,
6. Non-native fruit trees that are cultivated or grown for the specific purpose of
producing edible fruit, including, but not limited to, mangos, avocados or species
of citrus.
* * *
Tree activity: Any Wwork that will which affects a tree on a property which
includes tree removal, tree relocation, tree pruning more than 25 percent, and root
pruning more than 10 percent or trimming of a root more than one inch in diameter.
Tree activity after -the -fact: Tree activity, as defined within this Section, without the
benefit of a prior required permit.
* * *
Tree protection zone ("TPZ'): An area defined by an ISA certified arborist or a Florida
licensed landscape architect 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.
Tree value: The appraised monetary replacement value for a tree as calculated by an
ISA certified arborist or a Florida licensed landscape architect. who is spccially traincd
and cxpericnccd as a trcc and landscapc appraiscr. Appraisals The appraised
replacement 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,
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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.
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.
(c) Any tree activity removal on a public right-of-way or on property owned by the
city shall require a permit from the Department of the City to which the City Manager
has assigned or designated the responsibility for the review and issuance of tree
permits rcsilicncc and public works dcpartmcnt, unless it is deemed in writing by the
director of the Ddepartment 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.
(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. § 373.019, as amended from time to time, shall also be subject to the
permitting requirements of article 2 of Chapter 24 of the Miami -Dade County Code, as
amended.
(g) Power lines. Trees shall be placed safely clear from power lines. New tree
plantings shall be arranged in order to avoid future encroachments into the power line
safety zone. Also, refer to Florida Power and Light, Right Tree, Right Place guidelines
for tree size and required distances from powerlines. In no case shall there be less than
a 10-foot safety buffer zone provided along the power lines where trees may not be
planted, nor their mature canopy allowed to encroach.
Sec. 17-4. - Tree permit applications, requirements, review, and fees.
(a) Permit, when required.
(1) No person, agent or representative thereof, directly or indirectly,
shall engage in tree activity on any property described in section 17-3 of this
article without first obtaining a tree permit and unless exempted by section 17-11
of this article.
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(2) A tree permit is required for tree pruning or trimming of more than
25 percent of the canopy, crown, or living foliage of a tree or other pruning not in
accordance with the ANSI A-300 Standards shall be allowed upon presentation
of a letter to the City, to bc validatcd by a ccrtified a orist, with justification as to
why the ANSI A-300 Standards are not applicable.
(3) A tree permit is not required for tree pruning or trimming of less
than 25 percent of the canopy, crown, or living foliage of a tree or other pruning if
in accordance with the ANSI A-300 Standards, except for trees which are
growing on the public right-of-way. Pruning of the canopy, crown or living foliage
of a trcc, in strict accordancc with ANSI A 300 Standards shall bc allowcd
without a permit. A ccrtified arber+st Icttcr or other documcntation may be
required.
(4) Any removal of roots one inch in diameter or greater and/or the
removal of more than ten percent of a tree's root system shall require a tree
pruning permit. No root pruning shall bc allowed beyond thc aforementioned
limits anywherc in thc city without a trcc pruning permit cxccpt for the pruning of
roots when essential for any repairs or improvements performed by or for the
dcpartmcnt of rcsilicncc and public works or capital improvements.
(5) No building permit for any work that has the potential to affect trees
parking lots, tennis courts, demolition, or similar work, shall be issued by thc
permit or tree pruning permit is not required or that a valid tree permit or tree
pruning permit has bccn issucd in accordancc with this articic.
(b) Application requirements. The property owner or authorized agent shall
submit a tree permit application to the department on the department's tree permit
application form. 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) 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
now constrilotion incli ding b it not limited try demolition .�i-ditionc pools and
dccks shall includc thc following:
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 such as the TPZ, CRZ,
tree protection and/or tree pruning recommendations may be required for
trees to remain and/or be relocated. The assc-smcnt shall bc prcparcd by
an ISA Ccrtificd Arborist.
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(2) Single-family or duplex properties. Plans for a tree permit in
conjunction with ncw construction, including but not limited to demolition,
a. A site plan drawn to scale, or existing property survcy prcparcd
by the owncr or thc owner's rcprcscntativc, idcntifying thc location of
thc trcc, thc spccics and listing thc hcight, sprcad and diamctcr of all
Ming trccs. Said sitc plan may be limited to the immediate area of the
proposed work.
b. A trcc disposition plan drawn to scalc, prcparcd by thc owncr or
thc owncr's reprcscntative, or such plan incorporated onto an existing
property survey, listing all cxisting trces and spccifying thc condition of
ch trcc and whcthcr said trccs arc to rcmain, to bc rcmovcd and/or to
bc rclocatcd. This plan shall also illustratc thc location of all cxisting
stri Intl Tres and/or all proposed now constri infirm the Iocafion of any
ovcrhcad and/or undcrground utilitics and thc ncw locations of
Ming trccs to bc relocatcd on sitc.
c. When applicable an assessment on all
Ming trccs with trcc spccificaFsrrccc and/or pal-m-escd for
relocation, trcc rclocation spccifications in accordancc with ANSI A300
Standa shall bc providcd to thc dcpartmcnt. Additional information
such as the TPZ, CRZ, trce protcction and/or trcc pruning
rccommendaie may bc rcquircd for trccs to rcmain and/or be
rclocatcd. The asscssmcnt shall bc prcparcd by an ISA Ccrtificd Arborist.
a. A drawing(s) prepared by the owner or the owner's representative displaying
the following information:
1. the location of all trees and palms, their species and listing
their height, spread and diameter, at breast height
2. a listing of all existing trees and palms and whether they are
to remain, to be removed or to be relocated,
3. the new locations of existing trees to be relocated on site,
4. the location of all existing structures and all proposed new
construction,
5. the location of any overhead and/or underground utilities.
b. Said drawings may be limited to the area of proposed development activity
within the building permit.
(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. Said drawings may be limited to the area of
proposed development activity within the building permit. Except for single family
and duplex properties as outlined in 17-4(c)(2).
(4) All applications shall have a tree replacement plan/landscape plan
drawn to scale that illustrates all proposed new construction, new locations of
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relocated trees, and new replacement tree locations that complies with the
requirements of Section 17-6 of this 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. 481, as amended, to
prepare landscape plans or drawings. Trcc rcplaccmcnt plan/landscapc plan
in the form of a sitc plan drawn to scalc prcparcd by the owner or the owner's
rcprcsentativc. Except for single family and duplex properties as outlined in 17-4
(C)(2).
(5) 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 F.S. § 196.075, and show proof thereof. In the event a
bond is not feasible, the City may accept an irrevocable, unconditional letter of
credit, naming the City as payee/beneficiary. The bond or letter of credit shall
remain in effect for one year after the final certificate of occupancy or certificate
of completion is issued. The city manager, after recommendation by the
department and approval as to legal form by the office of the city attorney, may
accept a covenant or other equivalent alternative to the tree protection bond
requirement for construction or development of affordable housing projects which
have been procured and/or funded by the city. All applicants requesting a
covenant in lieu of a tree protection bond of an affordable housing project shall
be bound by the terms of the covenant and shall record said covenant in the
public records of Miami -Dade County after final acceptance and execution by the
city.
(e) Notice. Within 48 hours of issuing the intended decision for a tree 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 activity
contained in the tree permit. The intended decision shall also be sent to the
homeowners' associations registered with the City ncighborhood cnhanccmcnt tcam
("NET") in that area.
(f) Issuance of permit. If no appeal, in accordance with Section 17-8 of this
article, is received within ten calendar days of the issuance of the intended decision,
the tree permit shall be issued. The property owner or applicant shall ensure that
the tree permit is displayed until the authorized work is completed.
(g) Fees. (Reserved) Fccs shall bc as cstablishcd pursuant to Scction 10 4 of
this Codc, as amcndcd, "Building permit fcc schcdulc." Applications from govcrnmcnt
City Commission by Rcsolution, or the City Manaqcr in writing, bc excmptcd from
application fccs and permit fees by resolution.
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File ID: 10621 Enactment Number:
Sec. 17-5. - Criteria and conditions for tree permits.
(a) Criteria for tree permits. A permit shall not be issued for tree activity, unless
one of the following criteria exist: In determining whether a tree permit she ild be issued
thc dcpartmcnt will considcr thc following critcria:
(1) Whether Tthe 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. Trces locatcd in the property frontagc (within thc
Ingress and cgrcss to garagcs arc not considcrcd buildablc or yard
or s. Trccs on a public right of way shall not be considered for removal
bccausc thcy restrict ingress or cgrcss to thc garagcs or parking on thc site,
except if thcrc is no othcr r sonablc acccss to and from thc structure or to thc
property from the public right of way.
(2) Whcthcr Tthe tree is in danger of falling; interferes with utility service
as 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 materially impairs the structural
integrity of an existing structure.
(3) The tree is in danger of undermining the integrity of adjoining property
or structure as determined by a civil or structural engineer or architect licensed in
the State of Florida. Whcther thc trcc is dccmcd a high risk trce, fatally diseased
or dcad. The dcpartmcnt may rcquirc supporting documentation confirming that
thc trcc is a high risk trcc, fatally discascd or dcad and cannot be abated by
othcr mca s (i.c. pruning, trimming, fruit rcmoval, rcmoval of hazardous limbs);
photographs of the tree(s) showing the conditions, signs or symptoms of the tree;
supporting documentation.
(4) Whcthcr Tthe tree is a prohibited tree plant species. The department
may require photographs of the tree(s) to support identification of
the tree species. Prohibited trcc plant species may be removed without the need
for a replacement tree.
(5) Whcthcr Tthe tree 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.
(6) Any other relevant criteria the department deems appropriate to
consider in order to make a determination.
(b) Conditions for issuance of a tree 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 any other tree determined b„ the department to be of
substantial valuc bccausc of its spccics, sizc, agc, form and/or historical
thc initially proposcd plan.
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(2) Where practical, specimen trees or an„ other tree determined by the
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 thc root pruning
and trcc rclocation prcparation cfforts on sitc and to providc documcntation
ccrtifying that thc work was accomplishcd according to acccptablc 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
Certified Tree Report from a certified arborist before making any determinations
in conjunction with this article. The Dcpartmcnt may also requirc monitoring by a
certified arborist during construction and/or trcc activity requiring a tree permit to
assurc trcc prcscrvation.
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
(where each Replacement
Tress is a minimum of 2"
DBH x 6' spread in Canopy
x 12' in height)
OR
Total number of
replacement trees required
(where each Replacement
Tree is a minimum of 4"
DBH x 8' spread in
Canopy x 16' in height)
Contribution
to Tree Trust
Fund
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
City of Miami
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Enactment Number:
Total diameter
of tree(s) to
be removed
(sum of
inches at
DBH)
Total number of
replacement trees required
(where each Replacement
Tress is a minimum of 2"
DBH x 6' spread in Canopy
x 12' in height)
OR
Total number of
replacement trees required
(where each Replacement
Tree is a minimum of 4"
DBH x 8' spread in
Canopy x 16' in height)
Contribution
to Tree Trust
Fund
25"-30"
10
or
5
$10,000.00
31"-36"
12
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
(1) 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.
(2) Up to 30 percent of the two-inch DBH replacement tree requirement
may be met by native species with a minimum height of ten feet and a minimum
DBH of one and one-half inches at time of planting.
(3) The removal of a palm shall be replaced with two palms at 16 feet
overall height with a six-inch DBH or one 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 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-invasive species and shall be planted at grade or ground level according to 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 DIVERSITY
Required Number of Trees
Required Minimum Number of Species
11-20
2
21-50
4
51 or greater
6
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(c) Tree replacement alternatives.
(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 DBH and 12 feet overall height.
b. Trees authorized for removal from lots that meet the minimum
lot tree requirements, as described in this Chapter Articic 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.
d. Hardship exemption. A property owner with homestead status
person who meets either of the following criteria may be able to apply for
a waiver, full or partial, of the requirements for tree replacement on
homestead property as set forth in this Section and Subsection 17-
10(a)(2) of the City Code:
1. Persons who gQualifiesy for the senior citizen exemption
pursuant to F.S. § 196.075.
2. Persons whose tTotal household income is below 38 140
percent of the area median income ("AMI") of Miami -Dade County
as determined by the United States Department of Housing and
Urban Development ("HUD") annually.
3. Plants lost during a declared emergency such as
hurricane or windstorm event shall be replaced at a one-to-one
ratio and no fees shall be assessed.
e. Tree gifting program. The gifting of trees by the city to property
owners for the purpose of increasing the city's tree canopy, whenever
possible, shall be conducted by the city manager or his designee in a
manner that is in accordance with applicable laws.
(2) Prohibitcd trcc spccics may bc rcmovcd aftcr obtaining a trcc permit.
Rcplaccmcnt trccs arc not rcquircd for thc rcmoval of any prohibitcd trcc
spccics as listcd in currcnt cdition of thc Miami Dadc County Prohibitcd Spccics
List, cxccpt Lofty Fig (Ficus alti"lima) and Banyan Trec (Ficus benghalcnsis)
which arc subjcct to thc provisions of this articic. No fccs will bc asse'scd for
trcc rcmoval of prohibitcd trcc spccics.
(32) 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, replacement trees in accordance
with this section shall conform to, or exceed, the minimum standards for Florida Number
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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. Tree
plantings shall comply with 17-3(q).
(e) Off -site replacement trees. If the total number of 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. If the department determines that an applicant is not able to
comply with the planting of replacement trees either on -site 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
$1,000.00 for each two-inch DBH tree required in accordance with Chart
17.6.1.1.
(2) Homestead properties. The contribution shall be equal to $500.00 for
each two-inch 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 $1,000.00 for each two-inch
DBH tree required in accordance with Chart 17.6.1.1.
(3) Hardship exemption. A property owner with homestead status person
who meets cithcr the criteria set forth in sub -section 17-6(c)(1)(d.) of the
following critcria may be able to apply for a waiver, full or partial, of the
requirements for the tree trust fund on homestead property as set forth in this
section and subsection 17-10(a)(2) of the City Code.
a. Pcrsons who qualify for thc scnior citizcn cxcmption pursuant to F.S. §
196.075.
b. Persons whosc total houschold income is bclow 80 perccnt of thc AMI
of Miami Dadc County as dctcrmincd by thc HUD annually.
(g) Completion. The replacement tree process shall be completed prior to the
issuance of a certificate of occupancy or temporary certificate of occupancy.
Moreover, the approval of a tree 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 year unless otherwise authorized by the department in writing.
Sec. 17-8. - Appeals, appellate fees.
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(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 permits granted to the City of Miami and its
limited agencies and instrumentalities, departments of public works or capital
improvements program, by filing a written notice of appeal to the preservation officer, as
established in Chapter 23 of this Code, within ten calendar days after the date of the
intended decision. The notice of appeal shall 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 article shall be accompanied by a fee of
$315.00, except for appeals initiated by abutting property owners, as defined in the
Miami 21 Code, for which a tree permit is sought and shall not be subject to any appeal
fee. Appeals by a nonprofit corporation dedicated to conservation and protection of the
natural and physical environment, or appeals by a homeowners association, as defined
by F.S. Ch. 720, as amended, which has one member who owns property within 500
feet of the subject property shall pay a reduced appeal fee of $157.50, plus the cost for
mailing and noticing for public hearing as indicated in Section 62-22 of this Code.
(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 HEPB on matters relating to applications
for tree permits by filing a written notice of appeal with the department of hearing boards
within 15 calendar days after the date of the decision. The property owner, the
applicant, or any aggrieved party having standing under state law may appeal to the city
commission any decision by the department on matters relating to tree permit
applications for the City of Miami and its limited agencies and instrumentalities,
departmcnts of public works or capital improvemcnts program, or to their contractors, by
filing a written notice of appeal with the department of hearing boards, within 15
calendar days after the date of 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 article, 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 permit issued to the City
of Miami and its limited agencies and instrumentalities. dcpartmcnts of public works or
capital improvcmcnts.
All appeals to the city commission in accordance with this section shall be accompanied
by a fee of $525.00, plus the cost for mailing and for noticing for the public hearing as
indicated in Section 62-22, as applicable. $4.50 per mailcd noticc to the adjaccnt
owncrs within a 500 foot radius. A certified list of said adjacent owners shall be provided
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with all appeals. However, no Appeal fees shall be assessed for appeals initiated by
abutting property owners, as defined by the Miami 21 Code, for which a tree permit is
sought. An abutting property owner who appeals shall only pay for the cost of noticing
and advertising as indicated in Section 62-20 and Section 62-22 of this Code. Appeals
by a nonprofit corporation dedicated to conservation and protection of the natural and
physical environment, or appeals by a homeowners association, as that term is defined
by F.S. Ch. 720, as amended, which has one member who owns property within 500
feet of the subject property shall pay a reduced appeal fee of $262.50 plus the cost for
mailing and for noticing for the public hearing as indicated in Section 62-22 of this Code.
The decision of the city commission shall constitute final administrative review, and no
petition for rehearing or reconsideration,- shall be considered by the City. Appeals from
decisions of the city commission may be made to the courts as provided by the Florida
Rules of Appellate Procedure.
(c) Notice. All public hearings on appeals shall be noticed as indicated in Section
62-20 of this Code. follows. Notice of the time and place of the public hcaring shall bc
mailed at least tcn calendar days in advance of the hearing to thc owner of the subjcct
property and thc owners of thc adjacent properties. At least ten calendar days in
advance of the h ring, a sign, in compliance with the provisions of Section 62 19 of
this Codc, shall bc postcd on thc subjcct property.
Sec. 17-10. - Penalties, remedies cumulative.
(a) Fine. 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
$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 $500.00
per tree shall be imposed.
(3) Said fines are appealable to the code enforcement board pursuant to
Chapter 2, article X of this Code.
(4) Any property that has had a previous fine for a violation of this article
within the past five 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 this Code and subject to enhanced penalties of $5,000.00
per day per violation pursuant to F.S. § 162.09.
(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.
(6) Hardship exemption. A property owner with homestead status person
who meets either of the following criteria set forth in subsection 17-6(c)(1(d) may
bc able to apply for a waiver_, full or partial, of thc requirements of this section:
a. Persons who qualify for thc senior citizcn cxcmption pursuant to F.S. §
196.075.
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Enactment Number:
b. Pcrsons whosc total houschold incomc is bclow 80 perccnt of thc AMI
of Miami Dadc County as dctcrmincd by thc HUD annually.
(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 make appropriate
arrangements with the City to plant surplus trees in public spaces, public sites, in the
public right-of-way and/or 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
Total number of
Replacement
Trees required (where
each Replacement
Tree is a minimum of
2" DBH x 6' spread in
Canopy x 12' in height)
OR
Total number of
Replacement
Trees required (where
each Replacement
Tree is a minimum of
4" DBH x 8' spread in
Canopy x 16' in height)
OR
Contribution
into
Tree Trust
Fund
2"-3"
2
or
1
or
$2,000.00
4"-6"
4
or
2
or
$4,000.00
7"-12"
8
or
4
or
$8,000.00
13"-18"
12
or
6
or
$12,000.00
19"-24"
16
or
8
or
$16,000.00
25"-30"
20
or
10
or
$20,000.00
31"-36"
24
or
12
or
$24,000.00
37"-42"
28
or
14
or
$28,000.00
43"-48"
32
or
16
or
$32,000.00
49"-60"
40
or
20
or
$40,000.00
If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the
additional inches shall be added cumulatively from the top of the chart, down to the
City of Miami
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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 be used to determine an estimated DBH, as approved by the
department.
(f) 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.
*
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 permitting requirements will impede private or public work to restore city
order after a Federal, State, County or City declared state of emergency, or as
directed by a Resolution of the City Commission.
(3) The immediate removal of any tree 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.
(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.
(5) Removal of trees within the property boundaries of homesteaded
property which are not specimen trees.
(6) Removal of trees for the construction of a new principal single-family
residence for an owner -builder so long as the trees are not specimen.
(7)
Removal of any dead tree.
(8) Removal of trees in emergency situations. (See this Chapter for
applicable guidelines and provisions).
(9) Removal of any tree listed in Section 24-49(f) of the Miami -Dade County
Code as amended.
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(10) Removal of any tree which has been destroyed or effectively destroyed
by an act of God, or by acts outside the control of the legal, beneficial or equitable
owner of the real property in which the tree is located, and which acts could not have
been prevented by the exercise of reasonable care.
(11) Removal of any tree by the City in accordance with the authority and
administrative discretion provided in of this chapter.
(12) The City under this Chapter, from trimming or pruning less than 25 % on
the public right of way or on City owned property.
Secs. 17-12-17-25. - Reserved.
ARTICLE II. - ENVIRONMENTAL PRESERVATION DISTRICTS
Sec. 17-34. - Criteria and conditions for tree removal.
(a) Criteria for removal. No permit shall be issued for tree removal from the site,
unless one of the following conditions exists:
(1) The tree is located in the buildable area or yard area where a structure
or improvement may be placed and unreasonably restricts the permitted use of
the property. Trees located in the property frontage (within the setback) shall not
be considered to be located within the building area or yard. Ingress and egress
to garages are not considered the buildable area or yard.
(2) Trees on the public right-of-way shall not be considered for removal as
a result of restriction to or from ingress or egress to the garages or parking on the
site provided however, that if there is no other reasonable access to and from the
structure or to the property from the public right-of-way, this requirement shall be
waived by the City Manager or designee. dircctor of codc cnforccmcnt whcn it
relates to private property and/or by the director of public wre
nor s whcn it lo ates �
�
the public right of way.
(3) The tree is diseased, injured or in danger of falling, interferes with
utility service, creates unsafe vision clearance or conflicts with other provisions of
this Code or other ordinances or regulations.
(4) The tree is an exotic tree species and will be replaced with a
native tree species to promote good forestry practices; creates a health hazard;
interferes with native tree species or creates a negative impact on natural land
features such as rock outcroppings, sink holes or other geological, historical or
archaeological features.
(5) It is in the general welfare of the public that the tree be removed for a
reason other than set forth above.
(b) Conditions for relocation and replacement. As a condition to the granting
of a tree removal permit, any or all of the following may be required:
(1) The applicant may be required to redesign the project to preserve
specimen tree(s) or any other tree determined by the historic and environmental
preservation board to be of substantial value due to its species, size, age, form
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and/or historical significance, provide an alternative plan, when feasible, which
shall include the preservation of such tree(s) and design alterations within the
scope and intent of the initially proposed plan. The applicant shall provide
sufficient information, to include a tree survey drawn to scale that illustrates all
existing site conditions and a tree disposition plan drawn to scale that
superimposes all proposed new construction including all overhead and
underground utilities and the new locations of trees over the tree survey plan
information. The historic and environmental preservation board will review and
analyze the aforementioned information, in order to determine the appropriate
course of action.
(2) Where practical, specimen trees, or any other trees determined by
the department to be of substantial value due to its species, size, age, form
and/or historical significance, that is proposed for removal shall be relocated on
or off -site. The applicant shall adhere to acceptable tree relocation specifications.
(3) If it is impractical to relocate and replant such trees of substantial
value, either on the site or off the site, the tree may either be removed, or the
applicant may be required to demonstrate a "good faith" effort to redesign the
project to protect and preserve the trees. The applicant shall be required to
replace all trees permitted to be removed in accordance with the tree
replacement requirements contained in section 17-1.
(4) The historic and environmental preservation board may require that
the applicant provide a written report from a certified arborist before making any
determinations in conjunction with this section. The historic and environmental
preservation board may also require monitoring by a certified arborist during
construction to assure tree preservation.
(5) In determining the required preservation, relocation, or replacement
of trees, the following factors shall be considered:
a. Existing tree coverage on the site and in the immediate
surrounding area.
b. Number of trees to be removed on the entire site.
c. The type, size and condition of the tree(s) to be removed.
d. The feasibility of relocating the particular tree or trees.
e. Topography and drainage of the site.
f. The extent to which the trees contribute to the aesthetic,
economic and environmental integrity of the surrounding area.
g. The nature of the existing and intended use of the property.
(6) Tree replacement. Tree replacement shall be as directed in
subsection 17-6(a) which includes tree replacement chart 17.6.1.1 as well as tree
species diversity chart 17.6.2.1 in subsection 17-6(b), tree species.
Sec. 17-35. Tree protection and survival.
(a) During construction, all reasonable steps necessary to prevent the
destruction or damaging of trees shall be taken. Trees destroyed or receiving major
damage must be replaced by trees of equal environmental value as specified in section
17-6 before occupancy or use unless approval for their removal has been granted under
permit.
(1) Trees that are to remain shall be clearly identified with tags.
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(2) During construction, protective barriers shall be placed with a
radius of ten feet around the trees to remain in accordance with the landscape
manual, unless a certified arborist othcrwise determincs in writing that a smaller
or largcr protccted arca is acccptablc for cach trcc, or an alternative tree
protection method is recommended.
(3) During demolition and/or development, including installation of
irrigation systems or any other underground installations, protective barriers shall
be placed around each tree and shall remain in order to prevent the destruction
or damage to roots, stems or crowns of such trees. The barriers shall remain in
place and intact until such time as approved landscape operations begin;
however, barriers may be removed temporarily to accommodate construction
needs, provided the manner and purpose for such temporary removal will not
harm the trees. The trees shall be properly irrigated throughout the building
process. Trees damaged during construction shall be subject to the provisions of
section 17-9.
(4) If at all practical, underground utility lines, curbs and other above
grade structures should be routed around existing trees to the outside of the drip
line of the tree. In the event that this is not feasible, a tunnel made by a power -
driven soil auger may be placed under the tree for installation of utility lines, or a
trench passing by the side of the tree may be used for construction of curbing or
to accommodate the installation of utility lines. If a trench is used, care should be
taken that as few roots as possible are cut, that the cuts are made cleanly, and
that the root ends are painted with a wound dressing of asphalt base paint and
immediately covered with soil.
(5) During construction, unless otherwise authorized by the tree
removal permit, no excess soil, additional fill, equipment, liquids, or construction
debris shall be placed within the drip line of any tree that is required to be
preserved in its present location unless the addition of excess soil or fill is
required in order to comply with either the flood criteria requirements contained in
chapter 11 C of the Code of Metropolitan Dade County, Florida, and/or federal
flood regulations in high flood hazard locations.
(6) Unless otherwise authorized by the tree removal permit, no soil is
to be removed from within the drip line of any tree that is to remain at its original
location.
(7) No wires or utility service attachments, other than those of a
protective nature, shall be attached to any tree.
(8) Subsequent to construction or the satisfactory stabilizing of a tree,
all protective devices shall be removed. The owner of the project on which the
tree is located, the applicant for a tree permit or the individual performing
physical moving of a tree, shall be fully liable and responsible for removal of the
devices.
(b) All trees transplanted pursuant to this article shall be maintained alive and
healthy at the site of the transplant for a period six months following completion of
construction work on the site. Any of such trees which die within such six months shall
be replaced by the applicant. The code enforcement department shall retain jurisdiction
to ensure compliance with this section.
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(c) Tree pruning/trimming. The pruning or trimming of any tree shall be done
in accordance with ANSI A-300 Tree Care Standards and the guidelines illustrated in
the landscape manual, incorporated by reference herein. The practice known as
"hatracking" or "topping" is not permitted and shall be considered a violation of this
article. The historic and environmental preservation board may require that a certified
arborist monitoring of the trimming and provide the department with photographic
documentation following the trimming. Any other tree abuse, or activity that can
effectively destroy a tree, shall also be considered a violation of this article.
Sec. 17-49. Withholding of a certificate of occupancy.
The department shall not approve the zoning inspection required for a temporary or final
certificate of occupancy until all violations of this article have been corrected, including
the payment of all fines and the planting of all trees required as replacement tree
mitigation, pursuant to this section.
ARTICLE III. - TREES AND SHRUBS ON PUBLIC PROPERTY
Sec. 17-71. - Authority of director of public works.
The dircctor of public works or his/hcr duly authorizcd representative, undcr the City
Manager or designee, shall have the general management and supervision of all trees,
shrubs and plants embraced by this article.
Sec. 17-72. - Permits —Required to prune, plant or remove from public land.
It shall be unlawful for any person to trim or prune any tree, shrub, or plant or to remove,
to plant any tree, shrub, or plant from any dedicated street, alley, highway, public right-
of-way, or easement, public land lying between property lines on either side of a public
street, highway, alley, public parking strip, public street, sidewalk or divider, public
median strip or planting strip or other land or public place owned by the City without first
applying for and obtaining a permit. from the director „f public works „r authorized
rcprescntativc.
Sec. 17-73. - Same —Required to break, injure, etc., in public highway or park.
No person shall, without a written permit from the City Manager or designee dircctor of
public works, break, incline or in any way deface any living tree, shrub or vine in a public
highway or park, or cut, disturb or interfere in any way with the roots of any tree, shrub
or vine in a public highway or park.
Sec. 17-74. - Same —Issuance; charges.
The City Manager or designee dircctor of public works shall issue a written permit
required by the two preceding sections to any applicant, without charge, when it is
determined that the action proposed is necessary or desirable and not contrary to any
city master plan for trees, shrubs or plants, and will be performed satisfactorily.
Sec. 17-75. - Same —Contents.
A permit issued as provided in the preceding section shall contain the location
approved, the action allowed to be performed, the duration of the permit and any other
requirements deemed necessary or desirable by the director of public works to regulate
the cutting, trimming or removal of any trees, shrubs or plants within the city.
Sec. 17-76. - Placing guards during construction or repair of buildings.
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In the erection or repairing of any building or structure, the owner thereof shall place
such guards around all nearby trees, shrubs or vines in a public highway or park as
shall effectively prevent injury to them.
Sec. 17-77. - Placing injurious substances on or near roots.
No person shall throw or allow to be thrown any saltwater, oil or injurious substance
upon any public highway or park where such material may enter the ground at the roots
of any public tree, shrub or vine.
ARTICLE IV. TREE TRUST FUND
Sec. 17-78 — 17-100. Reserved.
Sec. 17-101. Intent.
It is intended that the "Tree Trust Fund" (the "Trust Fund") be established in order to
facilitate the compliance of tree replacement requirements according to this Chapter of
the Code, to facilitate the receipt of equitable contributions for replacement trees, to
enhance the tree canopy coverage throughout the City and to restore the loss of tree
canopy cover in the City. Expenditures from this trust fund shall require authorization by
the City Manager, or his/her designee, upon written recommendations from the
Directors of the Departments of Planning, Building, Code Compliance, Parks and
Recreation, Resilience and Public Works, and/or and other Department as determined
by the City Manager.
Sec. 17-102. Trust Fund Payments.
Payments into the Trust Fund shall include, but shall not be limited to, monies collected
pursuant to this Chapter and under Chapter 2, Article X entitled Code Enforcement
when fees and fines are assessed for violations of the Code; excluding, however, the
administrative and regulatory costs of the Code Enforcement hearing.
Sec. 17-103. Established.
(a) There is hereby established a trust fund to be entitled the "Tree Trust Fund" (the
"Trust Fund") to be maintained and administered by the City, into which funds
shall be deposited and from which funds shall be withdrawn pursuant to this
Article to pay the procurement of replacement trees to restore the loss of tree
canopy coverage in the City and to preserve and enhance tree canopy coverage
and shrubs through means which may include, but are not limited to the following
activities by the City or its authorized agents:
1. Establishment of a new Special Revenue Project titled "Tree Operating
Account;" and shall authorize the City Manager to designate appropriate
Departments that will expend funds from this account to maintain trees,
shrubs, and plants on public property. Trees, shrubs and plants on public
property shall mean for purposes of this Section any tree, shrub, or plant
on any dedicated street, alley, highway, public right-of-way, or easement,
public land lying between property lines on either side of a public street,
highway, alley, public parking strip, public street, sidewalk or divider,
public median strip, or planting strip or other land or public place owned by
the City.
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2. Not less than 80 percent of the Trust Fund shall be expended on tree
replacement and restoration, enhancement, and the preservation of tree
canopy coverage throughout the City during each fiscal year. These funds
may be used for the purchase, installation, support, inventory, design,
surveying, periodic distribution of saplings and shrubs, and other project
related expenses including incidentals and personnel costs associated
with tree replacement and restoration and enhancement of tree canopy
coverage in the City. However, if the City Manager or his/her designee,
determines that there are insufficient reserves in the Trust Fund to
implement a viable tree replacement program, funds may be carried over
to the next fiscal year.
3. Not more than five (5) percent of the Trust Fund shall be expended during
each fiscal year to provide training for the Environmental Resource
Specialists, Building Inspectors, Code Inspectors and for administrative
costs directly related to the notice requirements of this Chapter. Said
training shall be directly related to the implementation of this Chapter,
including, but not limited to, training to properly identify the different tree
and palm species and to properly grade the quality standards for new
trees and palms, including the knowledge of proper planting, pruning,
landscape maintenance techniques and best management practices.
4. Not more than five percent of the trust fund shall be expended for
education sponsored or co -sponsored by the City for resident
homeowners of the City, including, but not limited to cost effective and
accepted methods of tree planting, tree maintenance, avoidance of
infestations and pests that endanger trees, and to properly identify the
different tree and palm species, and to properly grade the quality
standards for new trees and palms, including the knowledge of proper
planting, pruning, and landscape maintenance techniques.
5. Each year after the establishment of the Trust Fund, 10 percent of the
revenues into the Trust Fund shall be transferred out at the end of the
year to the new "Tree Operating Account".
(b) Allowable expenditures undertaken pursuant to this Chapter may be made by the
City Manager, or his/her designee, except that any Trust Fund expenditures in
excess of $50,000.00 will require approval by the City Commission.
(c) It is the intent of this article that prior to the expenditure of funds for the above
listed items by the City Manager or his/her designee, that due consideration is
given to written requests from the Directors of the Departments of Building,
Planning, and/or Resilience and Public Works.
Sec. 17-104. - Funds made available; financial report.
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(a) Funds deposited in the Trust Fund shall be made available to the City Manager
for implementation purposes; all disbursals of Trust Fund monies shall be made
by the City Manager, or his/her designee, in accordance with this Chapter of the
Code, and after due consideration is given to the written recommendations of the
Directors of the Departments of Planning, Building, Code Compliance, Resilience
and Public Works and/or Parks and Recreation.
(b) Funds may be transferred to capital projects as part of the annual Operating
Budget or Multi -Year Capital Plan to be spent on tree replacement and
restoration and enhancement of tree canopy coverage.
(c) Funds may be spent by resolution or ordinance of the City Commission on other
tree replacement and restoration and enhancement of tree canopy coverage
from time to time as necessary.
Section 4. 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 5. This Ordinance shall become effective immediately after its adoption
and signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
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