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File ID: #16794
Ordinance
Sponsored by: Miguel Gabela, Commissioner
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 "PLANNING AND ZONING/TREE TRUST FUND," IN ITS
ENTIRETY; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE, TITLED
"ENVIRONMENTAL PRESERVATION," TO RENAME CHAPTER 17 "TREE
PRESERVATION AND PROTECTION," TO CLARIFY DEFINITIONS AND
PROCEDURES THROUGHOUT CHAPTER 17, INCLUDING PROVIDING NEW
EXEMPTIONS, AND TO ESTABLISH A NEW CHAPTER17/ARTICLE IV, TITLED "TREE
TRUST FUND" PROVIDING THAT PAYMENTS FOR TREE VIOLATIONS BE
REMITTED TO THE TREE TRUST FUND AND TO PROVIDE THATA 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 AND FURTHER SLIGHTLY ADJUSTING THE
PERCENTAGES IN TREE TRUST FUND EXPENDITURES TO ACCOMMODATE FOR
THESE NEW PERCENTAGES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 16794 (Revision:) Printed On: 8/21/2025
City of Miami
Legislation
Ordinance
File Number: 16794
Final Action Date: 4/24/2025
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 "PLANNING AND ZONING/TREE TRUST FUND," IN ITS
ENTIRETY; FURTHER AMENDING CHAPTER 17 OF THE CITY CODE, TITLED
"ENVIRONMENTAL PRESERVATION," TO RENAME CHAPTER 17 "TREE
PRESERVATION AND PROTECTION," TO CLARIFY DEFINITIONS AND
PROCEDURES THROUGHOUT CHAPTER 17, INCLUDING PROVIDING NEW
EXEMPTIONS, AND TO ESTABLISH A NEW CHAPTER17/ARTICLE IV, TITLED "TREE
TRUST FUND" PROVIDING THAT PAYMENTS FOR TREE VIOLATIONS BE
REMITTED TO THE TREE TRUST FUND AND TO PROVIDE THATA 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 AND FURTHER SLIGHTLY ADJUSTING THE
PERCENTAGES IN TREE TRUST FUND EXPENDITURES TO ACCOMMODATE FOR
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 measures that are required for the planting, removal,
and maintenance of trees within the City; 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
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 and manage trees,
shrubs, and plants on public property; and
City of Miami File ID: 16794 (Revision:) Printed On: 8/21/2025
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 management and
maintenance expenditures of the tree canopy; and
WHEREAS, it is also in the best interest of the City to clarify several definitions within
Chapter 17 and simplify the requirements necessary to obtain a tree permit for all residents and
business entities within the City to promote development, maintenance and management of the
tree canopy within the City;
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 "Planning and Zoning/Tree Trust
Fund," is hereby repealed in its entirety:1
"CHAPTER 62
PLANNING AND ZONING
ARTICLE X. TREE TRUST FUND RESERVED.
Sec. 62 301. Intent.
It is intended that the "Tree Trust Fund" be estal+shed in order to facilitate the compliance
of tree replacement requirements according to chapter 17 of this Code, to facilitate the receipt of
the city and to restore the loss of tree canopy- ver he city. Expe -res from this trust fund
shall rcquirc authorization by the city managcr, or hip/her designee, upon written
recommendations from the directors of the departments of planning and zoning, code
enforcemen4 anther resilience and pi blic n corks
Sec. 62 302. Trust fund payments.
Payments into the trust funds shall include, but shall not be limited to, monies collected
pursuant to this chapter and chapter 17 of this Code.
Sec. 62 303. 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 losf of tree canopy cover in the city
and to cnhancc trcc canopy covcrage and shrubs through means which may include,
but are not limited to the following activities by the city or its authorized agents:
{1) Not leaf than 80 percent of the trust fund shall be expended on tree replacement
and rcstoration and cnhanccmcnt of tree canopy coverage throughout the city
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 16794 (Revision:) Printed On: 8/21/2025
during each fiscal year. These funds may be used for periodic distribution of
saplings and shrubs to the public to enhance 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.
{2) Not more than ten percent of the trust fund shall be expended on activities directly
related to three replacement and restoration and enhancement of tree canopy
coverage throughout the city during each fiscal year, including, but not limited to,
curvcy work, sits invcntory and analysis, landscape architectural design services,
inspection sardines for new plantings and other relater! project expenses and
incidentals.
{3)
Not more than ten percent of the trust fund shall be expended during each fiscal
year to provide training for code inspectors and for administrative costs directly
related to the notice requirements of chapter 17 of this Code. Said training shall be
directly related to the implementation of chapter 17 of this Code, 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
(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, that due consideration is given to written recommendations
from the directors of the departments of planning and zoning and/or resilience and
public works.
Sec. 62 30/1. Funds made available; financial report.
{a) Funds deposited in the trust fund shall be made available to the city manager for
manager, or his/her designee, in accordance with this chapter and chaptcr 17 of this
Code and after clue consideration is !riven to the written recommendations of the
resilience and public works.
{b) A financial report on trust fund receipts and expenditures shall be prepared annually at
the close of the fiscal year by the city manager or his/her designee and presented to
the city commission.
Section 3. Chapter 17 of the City Code, title "Environmental Preservation", is amended
in the following particulars:2
"CHAPTER 17
TREE ENVIRONMENTAL PRESERVATION AND PROTECTION
2 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 File ID: 16794 (Revision:) Printed On: 8/21/2025
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, a construction, and maintenance
of all development activity or public right-of-way is executed in a manner consistent with the
preservation and restoration 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 the
and othcr Woody Plant Management Standard Practices (west recent edition; containing all
Forest Terminology for Multiple Use Management.
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- where construction can reasonably occur,
including staging of construction materials and equipment necessary for the construction.
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 percon must be
trained and knowledgeable in all aspects of arboriculture as relevant to the conditions of trees
within the city.
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.
Construction: See "Development activity."
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Department: The D4epartment of Building or to which the City Manager has assigned or
designated the responsibility planning and zoning, which is responsible for review and issuance of
tree permits.
Development/Construction activity: The carrying out of Aany new building construction,
remodeling, addition and/or demolition that requires issuance of a permit by the city, including
Fatally diseased tree: A tree that has been identified with a disease that is not curable by
known industry standard pest control treatments or has visible damage from a disease and may
include secondary stresses related to a disease. A fatally diseased tree may be is considered a
high -risk tree.
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 rnadc by the department upon assessing all the supporting information, risks.
regarding potential tree failure. Such information may be provided by an ISA Certified Arborist
or a Florida licensed Landscape Architect.
Homestead property/resident: A property that receives a homestead exemption or
person(s) living in a residence that receives 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
cxcmption as dctcrmincd and listcd by the Miami Dadc County Property Appraiscr's Officc. This
cxcmption must be currcnt to be applicable.
Intervenor: A person whose interests in the proceeding are adversely affected in a manner
greater than those of the general public. A person shall be entitled to the presumption of
Intervenor status if the persony(1j owns the subject property.;er gi owns property abutting the
subject property; or 3 rF-'urttt ore a person shall be entitled try intervenor status if the person
owns property within a 500-foot radius from the subject property but is not the property owner or
abutting property owner and has a particular interest in the application that is different in kind
and degree than the general public. Abutting shall mean to reach or touch; to touch; to touch at
the end or be contiguous with; join at a border or boundary; terminate on; and includes
properties across a street or alley. A person recognized by the decision -making body, including
the historic and environmental preservation board and the city commission, as an intervenor
may make a presentation, call and examine witnesses, conduct cross-examinations of
witnesses, introduce exhibits, rebut evidence, and make final arguments in the order as decided
by the chair of the body to effectuate orderly and efficient proceedings.
Public right-of-way: See "Right-of-way" as defined in section 55 1 54-1 of the City Code, as
amended.
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Registered LI andscape architect: A person who holds a license to practice landscape
architecture in Florida as authorized by F.S. ch. 481.
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 tcrms may be used interchangeably.
Specimen tree: A tree that is equal to or larger than eighteen i18) inches DBH. Trees that
do not qualify as specimen trees are palms non_nati„e Fic6 species „r an„ non_nati„e fr uit
tree cultivated as a grove tree for commercial production of fruit:
(1)AII 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.
(2)AII trees listed in Section 24-49(4)(f) of the Miami -Dade County Code.
(3)AII 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: A woody perennial plant, including palms, usually having only one dominant trunk
and a well-defined stem or stems carrying a more or less definite crown, usually having a
mature height greater than 16 feet. A tree regulated under this chapter must have a minimum
size of 12 feet overall height with a DBH of two inches or larger. A palm regulated undcr this
chapter must have a minimum height of 16 feet overall with a DBH of six inches or larger.
Tree abuse: An Aaction that damages a tree and/or parts of a tree Generally, any tree
activity bcyond or against those described in the ANSI A 300 Standards. Examples of tree
abuse include but arc not limited to hatracking, spiking, lions tailing, tree removal (without a
permit), pruning more than 25 percent of a tree canopy in one annual growing season, root
pf-61-14i-n-g-that-elestabilizes-a-tree0dli-n-gdarnag-i-n-g-an-elle-r--remOvi-n-g-seetian-s-Gf-barkr and
damaging and/or removing sections of cambium. as follows:
(1) Damage inflicted upon any part of a tree, including the root system, by machinery,
construction equipment, cambium layer penetration, storage of materials, soil
compaction, excavation, chemical application or spillage, or change to the natural
grade.
(2) Hatracking.
(3) Girdling or bark removal of more than one-third (%) of the tree diameter.
City of Miami File ID: 16794 (Revision:) Printed On: 8/21/2025
(4) Tears and splitting of limb ends or peeling and stripping of bark resulting from
improper pruning techniques not in accordance with the current ANSI A300
Standards.
Tree activity: Any work that affects a tree on a property which includes tree removal,
tree relocation, tree pruning more than twenty-five i251 percent, and/or root pruning more than
ten (10) percent or trimming of a root more than one LU 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 bond: A monetary bond that guarantees the protection of specific trees be
protected as set forth in the landscape plan and will not be harmed by the during the
construction project and, if harmed, the party will reimburse for the loss. A performance bond
guarantees and insures that the planting, replacement and/or relocation is completed as
required by the tree permit. If performance is not met as set forth in the landscape plan, the
bond shall provide for reimbursement of the loss.
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 specially trained and
experienced as a tree and landscape appraiser. 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, 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 requires 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 resilience and public works department, 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.
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(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 of power lines. New tree plantings shall
be arranged in order to avoid future encroachments into the power line safety zone.
The Florida Power and Light, Right Tree, Right Place guidelines for tree size and
required distances from power lines should be referenced. There shall be no less
than a 10-foot safety buffer zone provided along the power lines where no trees may
be planted, nor their mature canopy allowed to encroach.
Sec. 17-4. Tree permit applications, requirements, review, and fees.
(a) Permit, when required.
(1) All tree activity requires a permit No person agent „r representati„e there„{
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.
(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 any other pruning that is not in
accordance with the ANSI A-300 Standards & all may be allowed upon
presentation of a letter to the city, to be validated by an ISA certified arborist or a
Florida licensed Landscape Architect. ,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 tree, in strict accordance
with ANSI A 300 Standards shall be allowed without a permit. A certified arborist
letter or other documentation may be required.
(4) Any removal of roots one inch in diameter or greater and/or the removal of more
than ten (10) percent of a tree's root system shall require a tree pruning permit. ode
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 rcpairs or improvcmcnts performed by or for the department of resilience and
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 permit or tree
pruning permit is not required or that a valid tree permit or trcc pruning permit has
been irsued in accordance with this article.
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(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 section (c) below. 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 new
shall include the 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 assessment shall be prepared by an ISA Certified
Arborist or licensed Florida Landscape Architect.
(2) Single-family or duplex properties. Plans for a tree permit in conjunction with
and decks shall include the following:
a. A site plan drawn to scale, or existing property survey prepared by the owner
or the owner's representative, identifying the location of the trcc, thc spccics
and listing thc hcight, spread and diameter of all -existing trees. Said site plan
may be limited to the immediate area of the proposed work. A drawing(s)
prepared by the property owner or the property owner's representative
displaying the following information and said drawings may be limited to the
area of proposed development activity within the building permit, as follows:
i. the location of all trees and palms, their species and listing their height,
spread and diameter, at breast height;
ii. a listing of all existing trees and palms and whether they are to remain, to
be removed or to be relocated;
iii. the new locations of existing trees to be relocated on site;
iv. the location of all existing structures and all proposed new construction;
and
v. the location of any overhead and/or underground utilities.
b. A tree disposition plan drawn to scale, prepared by the owner or the
owner's representative, or such plan incorporated onto an existing
property survey, listing all existing trees and specifying the condition of
ach trcc and whcthcr said trccs arc to rcmain, 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
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(3)
overhead and/or underground utilities and the new locations of
isting trccs to be relocated on site.
c. When applicablc, an assccsi cnt „n all exic+inn treec
with tree specifications. For trees and/or palm oposed for
relocation, tree relocation specifications in accordance with ANSI A3OO
Standards shall be provided to the department. Additional information
such as the TPZ, CRZ, trcc protection and/or tree pruning
recommendations may be required for trccs to remain and/or be
relocated. The assessment shall be prepared by an ISA Certified
Arborist.
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 section 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 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. Tree replacement plan/landscape plan submitted
fora one family or two-family dwollingc (homestead property) magi be in the
form of a site plan drawn to scale prepared by the owner or the owner's
representative. Except for single family and duplex properties as outlined in
section 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.
(d) Review of application. Upon receipt of a completed tree permit application, the
department shall review said application for compliance with the regulations as set
forth in this article. Such review may include a ficld incpcction of the site and referral
of the application to other departments or agencies as necessary. The department
shall take a reasonable amount of time to review and respond to applicants regarding
tree permit applications, generally completing the initial review with ten (10) 4-5
business days and thereafter providing the intended decision notice upon final
approval the tree permit application.
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(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 neighborhood
enhancement team ("NET') in that area.
(f) Issuance of permit. If no appeal, in accordance with section 17-8 of this article, is
received within ten (10) 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) Fees shall be as established pursuant to section 10 /l of this Code,
as amcndcd, "Building permit fcc schedule." Applications from government agencies
commission, be exempted from application fees and permit fees by resolution.
(h) Final inspection. No later than six months following the completion of the
authorized work, the applicant shall schedule a final inspection with the department for
verification and acceptance of the final authorized work. Alternatively, a compliance
report/letter from an ISA Certified Arborist or licensed Florida Landscape Architect may
be submitted to comply with the final inspection.
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 should be issued, the
department will consider the following criteria:
(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. Trees located in the property frontagc (within the
'15 foot setback)are not considered located within the buildable area or yard
Ingress and egre-c to garages are not considered buildable or yard
rheas Trees on a public right of way shall not be considered for removal
because they restrict ingress or egre-c to the garages or parking on the site,
cxccpt if thcrc is no othcr r asonablc accc-c to and from the structure or to the
property from the public right of way.
(2) Whether 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. 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
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symptoms of the tree; any laboratory analysis or relevant scientific literati ire;
and any other potential supporting documentation.
(4) Whether Tthe tree is a prohibited tree plant species. The department may
require photographs of the tree(s) to support identification of the tree
plant species. Prohibited tree plant species may be removed without the need
for a replacement tree.
(5)
Whether 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 by the department to be of
s Tificance and to provide an alternate plan that incli ides the ardeg late
preservation of said tree(s) and design alterations within the scope and intent
of the initially -la -reposed plan.
(2) Where practical, specimen trees or an„ other tree determined by the
department -to bbe of substantial, value -because its species, size, age, fer-R1-
and/or historical significance, proposed for removal, shall may be relocated on
or off -site within the commission district of the subject property. The applicant
shall adhere to acceptable tree relocation standards and specifications. The
department may require a certified arborist to monitor the root pruning
and trcc rclocation prcparation cfforts on site and to provide documentation
certifying that the work was accomplished according to acccptablc standards
and spccifications.
(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 by an ISA Certified Arborist or licensed
Florida Landscape Architect before making any determinations in conjunction
with this article. The department may also require monitoring by a certified
arborist during construction and/or tree activity requiring a tree permit to
a -sure trcc preservation.
Sec. 17-6. Tree replacement.
(c) Tree replacement alternatives.
(1) Replacement trees for homestead properties may comply with the following
alternatives:
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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 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 and
not pursuant to Florida Statute 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 any 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 qQualifiesy for the senior citizen exemption pursuant to
F.S. § 196.075.
2. Persons whose tTotal household income is below -88 140 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 tropical storm,
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) Prohibited tree species may be removed after obtaining a tree permit.
Replacement trees are not required for the removal of any prohibited tree
species as listed in current edition of the Miami Dade County Prohibited
Species List, except Lofty Fig (Ficus alti-lima) and Banyan Trcc (Ficus
benghalensis) which are subject to the provisions of this article. No fees will be
asccsccd for trcc rcmoval of prohibited tree species.
(2) 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 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
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sound nursery practices as illustrated in the landscape manual. Tree plantings shall
comply with section 17-3(g).
(e) Off -site replacement trees. If the total number of replacement trees cannot be
reasonably planted on the subject property, the applicant may contribute to the Tree
Trust Fund or 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 cite
replaces;: 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 Tthe 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
either the criteria set forth in sub -section 17-6(c)(1)(d.) of the following criteria
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. Persons who qualify for the senior citizen exemption pursuant to F.S. §
196.075.
b. Persons whose total household income is below 80 percent of the AMI of
Miami Dade County as determined by the HUD annually.
Sec. 17-7. Tree protection.
(a) Tree protection during construction. Trees shall be protected during construction
activity as determined by the department through the use of protective barriers in
accordance with the landscape manual. Trees that are to remain shall be clearly
identified with tags. Tree protection barriers shall be maintained around the trees in
accordance with the tree permit protection plan approved by the department. Trees
not affected by the construction activity do not require to comply with this section.
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 (10) 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. A person whose interests in the proceeding are
adversely affected in a manner greater than those of the general public may request
intervenor status as defined in this chapter. 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, plus the cost for mailing and noticing for public hearing as indicated in section 62-22 of
this Code, as applicable, 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, as applicable.
(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 fifteen 05 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, 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 115 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. A person whose interests in the proceeding are
adversely affected in a manner greater than those of the general public may request
intervenor status as defined in this chapter. 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. departments of public works or capital improvements.
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 a licable. $ .50 per mailer! notice try the adjacent owners within a 500 foot
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radius. A certified list of said adjacent owners shall be provided 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, as applicable.
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 hearing shall be mailed at
least ten calendar days in advance of the hearing to the owner of the subject property
hearin a sign in compliance with the proyi Sec n 62 19 of ? Cde l
be posted on the subject property.
Sec. 17-9. Enforcement.
(a) Jurisdiction. Code Compliance shall have jurisdiction for the proper and effective
enforcement of this article, under chapter 2, article X entitled code enforcement. Code
compliance shall have the right to inspect subject properties in accordance with the
approved tree 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 steps to correct the violation have commenced to the satisfaction of the
Building Official.
Sec. 17-10. Penalties, remedies cumulative.
(a) Fine. Any property that violates this article shall be subject to the following penalties:
(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 be able to
apply fora waiver_, full or partial, of the requirements of this section:
a. Persons who qualify for the senior citizen exemption pursuant to F.S. § 196.075.
b. Persons whose total household income is below 80 percent of the AMI of Miami
Dade County as determined by the 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
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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.
(e) Withholding of a new building permit. Any tree activity in violation of this article shall
constitute grounds for withholding new building permits directly related to said tree
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 -pest a
obligee. The bond shall be in the amount of ten percent of the construction cost or ten percent
of the appraised value of the property, if no construction exists. The bond will remain in place
until the violation has been corrected, pursuant to this section. In the event a bond is not
feasible, the city may accept an irrevocable, unconditional letter of credit, in the previously
Mated percentagcs, naming the city as payee.
(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.
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(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.
(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, on City owned property or as part of a City public right-of-way project.
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. director of code enforcement when it
relates to private property and/or by the director of public works when it relates to
the public right of way.
*
*
(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:
(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.
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Sec. 17-35. Tree protection and survival.
(a) During construction, all reasonable steps necessary to prevent the destruction or
damaging of trees shall be taken. Trees destroyed or receiving major damage must
be replaced by trees of equal environmental value as specified in section 17-6
before occupancy or use unless approval for their removal has been granted under
permit.
(1) Trees that are to remain shall be clearly identified with tags.
(2) During construction, protective barriers shall be placed with a radius of ten (10)
feet around the trees to remain in accordance with the landscape manual,
unless a certified arborist otherwise determines in writing that a smaller or
largo!' protcctcd area is acceptable for each tree, or an alternative tree
protection method is recommended.
*
*
(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 director of public works or his/her duly authorized representative, under 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,
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
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or other land or public place owned by the city without first applying for and obtaining a permit.
from the director of public works or authorized representative.
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 director of
public works, break, incline or in any way deface any living tree, shrub or vine in a public
highway or park, or cut, disturb or interfere in any way with the roots of any tree, shrub or vine in
a public highway or park.
Sec. 17-74. Same — Issuance; charges.
The City Manager or designee director of public works shall issue a written permit required
by the two preceding sections to any applicant, without charge, when it is determined that the
action proposed is necessary or desirable and not contrary to any city master plan for trees,
shrubs or plants, and will be performed satisfactorily.
Sec. 17-78 — 17-100. Reserved.
ARTICLE IV. - TREE TRUST FUND
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 any
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
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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.
2. Not less than seventy (70%) 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, Public Works Personnel entrusted with managing and
maintaining the tree canopy, 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 (5%) 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, twenty (20%) 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.
(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
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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.
*11
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.3
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wy y ng III, C ty ttor -y 10/15/2024
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.
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