HomeMy WebLinkAboutO-08301ORDINANCE NO: 4117P4.
AN ORDINANCE REPEALING CHAPTER 64► ENTITLED
"PROTtdTIONAND REMOVAL OF TREES" or THE
CODE OF THE CITY OF MIAMI, FLORIDA AND
ENACTING,A NEW CHAPTER 64 ENTITLED'tNVIRON-
MENTAL PRESERVATION"TO PROVIDE FOR THE
ENVIRONMENTAL PRESERVATION OF AREAS WITH
EXTENSIVE TREE CANOPY, SCENIC ROUTES, UNIQUE
GEOLOGICAL:FORMATIONS AND OTHERSIGNIFICANT
ENVIRONMENTAL FEATURES; PROVIDING FOR SPECIAL
REVIEW PROCEDURES AND OUTLINING A PROCESS FOR
PUBLICLY IDENTIFYING AND PRESERVING ENVIRON-
MENTALLY SIGNIFICANT SITES OR AREAS; PROVIDING
THAT IF ANY SECTION, CLAUSE OR SUB=SECTION
SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL
NOT AFFECT THE REMAINING PROVISIONS; REPEALING,
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH,
WHEREA
Advisory Board of the City of Miami, Florida to update Chapter 64
of the. City Code, entitled "PROTECTION AND REMOVAL OF TREES";
and
this ordinance was proposed by the. Planning
WHEREAS, this ordinance will provide for the preservation
of areas with extensive tree canopy, scenic routes, unique
geological formations and other significant environmental features;
and
WHEREAS, this ordinance will provide for specialreview
procedures and outline a process for publicly identifying and
preserving environmentally significant sites or areas;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section I, An ordinance entitled "ENVIRONMENTAL PRESERVATION
OF TREES," is hereby enacted to read as follows;
Ei ti`th0N tNTAb PittgttVA !tdi
64-1. Definitions
64-2. tntent
§ 64-3, Applicability of Chapter
§ 64-4. Environmental Preservation Review Board
§ 64-5. Administrative Assistant to the Environmental Preser-
vation Review Board
§ 64-6. 'Environmental Preservation Districts
§ 64-7. Permitting Procedures
§ 64-8. Application Requirements
§ 64-9. Criteria and Conditions for Tree Removal
§ 64-10. Tree Protection
§ 64-11. Environmental Preservation Review Standards
§ 64-12. Exceptions
§ 64-13. Removal of Trees from Public Lands
§ 64-14. Public, Notice
§.64-15. Penalty for Violation of Chapter,
§ 64-16. Fees
§ 64-17. Jurisdiction
E TVtRONMENTAL t3.RE8ERVATt(7
Section 64=1. Definitiohb.
'or the purposes of this chapter the following Words and
phrases shall have g _p y asc to theft by
p � tie thehe.'ttieahin s res ectitiei ascribed
this Section:
(a)
Buildable Area: The portion of a site Within the required
yard areas on which, a structure., or improvements may be
erected.
(b) Development Activity: The carrying out of any building
operation, or making any material change in the use or
appearance of any structure or land use character.
(c) Environmental Preservation Districts: Geographical areas,
parcels or corridors, which may be identified in the
future, established by the City Commission as significant
natural or man-made attributes in need ofpreservation
and control because of their educational, economic,
ecological and environmental importance to the welfare
of the general public and the City as a whole.
(d) Environmentally significant features: Natural or man-
made artifacts, sites or features which possess attributes
in need of preservation and control because of their
economic, educational: or environmental importance to the
welfare of the general public and the. City as a whole.
Environmentally significant features include all trees
within the City and specifically designated natural,
topographical or geological formations, mangrove areas,
natural hammocks, unique scenic vistas or transportation.
corridors and rare and valuable plant material.
Tree: Any self-supporting perennial plant which has a
trunk diameter of three inches measured three feet above
grade or normally grows to an overall height of fifteen
feet.
(f) Tree Removal: Act of cutting down, destroying, moving
or effectively destroying through damaging a tree situated
on any real property within the City of Miami.
(g) Yard Area: The front, side and rear yard areas as
established and required by the Comprehensive Zoning
Ordinance of Miami, Florida.
(h) Tree Canopy: The two dimensional surface area of a tree
as viewed from above.
Section 64-2. Intent;
(a)
To preserve and protect trees and other significant
environmental features within the City of Miami,
(b) To.reqUirethe design 'and .Construction of all developMent
activity be ekeduted in manner, coiisisteht With the
preservation of trees'and other Significant'environ=
Mental feature§ td the greatest eMteht possiblea
(c) To provide guidelines and review procedures for controlling
developttient.activity Which may alter, destroy, or be detri=
mental to etistincj.-trees, significant ehvirohtnental
features and sceniC areas.
(d) Pb proVide the framework and` legal mechanism for publicly
identifying and preserving, environmentally significant
areas or sites.
Section 64-3, Applicability of Chapter:
The terms and provisions of this Chapter shall apply to real
property as follows:
(a) All vacant and undeveloped property.
(b) All property to be redeveloped.
(c) All property where there is to be any addition or
alteration.
(d) All public or private rights -of -way.
(e) The street yard areas of all properties developed with
single-family and two-family dwellings and the yard areas
of all other developed property..
(f) All property within a designated environmental preser-
vation district.
Section 64-4. Environmental Preservation Review Board:
(a) There is hereby established a Board, to be known as the
Environmental, Preservation. Review Board of the City of
Miami,; Florida. The Board shall consist of five (5)
members, to be appointed in the following manner:
(1) One (1) member shall bea registered landscape.
architect appointed by the City Commission from a
list prepared by the Florida Chapter, American
Society of Landscape Architects.
(2) One (1) member shall be a nurseryman appointed by
the City Commission from a list prepared by the
Dade County Chapter, Florida Nurserymen and Growers
Association.
(3) One (1) member shall be a registered architect
appointed by the City Commission from a last
prepared by the South Florida Chapter, American
Institute of Architects,
(5)
(6)
One (1) tneMber shall be a tneMbet 'cif ah ehVitohtehta l
otganigatioh stied, aaj biit not lihited to, the triViroti=
Mental Quality Act ion doftit ittee of the dreatet �iiath i
Chamber of COtrittierde, the beautification council of
South Dade, triefids of the Barth, the 8ietra Club,
Survive, and Tropical Audubon Society; members shall
be appointed by the City C'omMitsion from lists
prepared , by, but hot l th ited to, the above eminent Toned
organizations..
One (1) member shall : be a ).ay c it i2'en who is interested
in environmental preservation. The member shall be.
appointed by the city commission from lists prepared
by neighborhood organizations.
Two alternate members shall. be appointed and shall.
be available at the request of the chairman to serve
on the Board in the absence of a regular member. An
alternate member shall have full rights of partici-
pation and voting when serving on the Board.
RESPONSIBILITIES:
The Environmental Preservation RevieW Board with the
assistance of the Administrative Assistant shallbe.
responsible for maintaining a record of unique 'environ-
mentally significant lands or sites within the City of
Miami. The Board shall, serve. as the quasi-judicial instrument
for granting or denying certificates of approval for tree
removal and development activitywithin those areas
identified and established as Environmental Preservation
Districts under the terms and provisions of this Chapter.
(c) Members of the Board shallbe appointed for a two-year
term. All members shall serve without compensation.
The Board shall select from its members a chairman to
serve for a one-year term.
(d) All decisions to approve an application or to reverse a
decision of the Administrative Assistant require the
affirmative vote of four members. Four members shall
constitute a quorum.
(e) The Board shall meet at least once per month with
all meetings open to the public'. The members of the
Board shall adopt rules and procedures guiding the
conduct of the meetings and attendance policies.
Processing and recording of all forms, applications,
and .minutes shall be the responsibility of the Building
Department.
(g) Members and alternate members of the Environmental
Preservation Review Board may be removed for cause by
a vote of not less than three members of the 'city
commission. Causefor removal may include excessive
absences,
(f)
Section 64-5iSTRA' tVE.ASSISTANT ..UT) :THE .EtsiVi OMME T' A ,
PIRESEWATIOf .RtviEii BOARD
(a) The Director of the Building Depart lent shall appoint a
MeMber of the Build ihq DepartMent to settle as a i Adminis=
trative assistant to the Environmental RreserVatioh ReVieW
Board.
(b) The a ointee shall be experienced and knowledgeable in
p
res ect to treed and landscape materials, landscape
design, site planning and land tise control regulations.
(c)
DUTIES OF THE ADMINISTRATIVE ASSISTANT:
(1) Serve as secretary to the Board. The appointee
Shall . attend all, meetings of the Board and maintain
a record of the proceedings of the Board showing
its action on each application. :The appointee
Shall schedule and provide notification of Environ-
mental Preservation Review Board meetings to
applicants and other department and agency represent-
atives.
(2) Shall be responsible forgranting or denying
applications for treeremoval permits in all areas
of the. City with the exception of designated
Environmental Preservation Districts. Upon receipt
of a proper application the Administrative Assistant
shall reviewsuch application, which may include a
field check of the site and referral of the
application to other departments or agencies as
necessary to determine any adverse effect upon the
general public welfare. The Administrative Assistant
may refer any application to the Environmental
Preservation Review Board if in his opinion the
application is of such nature to require special
consideration by the Board.
(3) Maintain and up -date an official map delineating
Environmental Preservation Districts and a photo-
graphic documentation of all officially designated
sites.
(4) Work with other City Departments and community
environmental groups as required to provide a
continuing effort to protect and preserve the
natural environment through public education and
encouraging sound environmental policies.
(5) The Administrative Assistant shall ensure that
notice of the application for a tree removal permit
is mailed to adjacent property owners.
(6) Prepare summary reports of all decisions on tree,
removalpermit applications. The report shall
briefly summarize the conditions and criteria for
tree . removal and the decision of the Administrative
Assistant,
Sedtioh 64-6: Et1Vilkt3 EifiAtijAES.ER'tlA'f,t.Ok..D, 5T.Ri.CPS.:
(a) Certain geographidal areas or sites tnaY be designated
as Environmental Preservation bistridts by adtion of
the City Commission redoghiting the heed for presery
ation and protection of such areas bedause of their
education, edohotflid, environmental or edologidal
importance to the welfare of the general piublid and
the City of Miami. EnVirohmenta1 Preservation Districts
ate intended to provide for preservation and protection
of trees and other = significant environmental features
and to encourage design and development activity which
is sensitive to the natural landscape character of the
site,. Sites with significant trees and landscape materials
may be selected as Environmental Preservation Districts
because they provide important environmental functions for
the welfare of the community which include the following:
Stabilizing the soil, preventing erosion and excessive
run-off; giving shade and cooling the land; providing
protection from forceful winds; using their 'leaf surfaces
to dilute gaseous pollutants and trap and filter out ash,
dust and pollen in the air; absorbing a high percentage
of carbon dioxide and returning oxygen to the air;
alleviating noise pollution; increasing the value of
property and adding to the natural scenic beauty of
the. City of Miami. All regulations and review procedures
provided ;for Environmental Preservation Districts are
intended to protect the significant environmental features
against needless destruction and to present guidelines
which willlead to the continuance and enhancement of
those features, while at the same time recognizing
individual rights to develop property which is not
prejudicial to the public interest.
(b) The following natural or man-made environmental features
may be designated as Environmental Preservation Districts
when one or more such features are located in a geographical
area or lot.
(1) Clusters of trees with extensive tree canopy, natural
hammock areas and mangrove areas. Land areas which
include one or more clusters of trees which will
total 10,000 square feet of tree canopy may be
designated Environmental Preservation, Districts.
Smaller areas or lots may alsobe designated as
Environmental Preservation Districts if the site
contains at least one "specimen tree," which is
defined as a tree having substantial educational,
economic and aesthetic value because of its size,
type, age, outstanding characteristics or other
professional criteria set forth by the State of
Florida Division of Forestry.
(2) Exposed geological formations such as natural rock
outcroppings, caves, sink -holes, and significant
natural topography of the Coastal Atlantic Ridge.,
(c)
(3) Scenic transportation corridors. Those t ond:•tay
areas Which have a unique thndsdape charadter
extensive tree canopy; and are of substantial
environmental importance to the residents of
iYti_arii as Well as to visitors.
Dimensions and
e::tent of, scenic transportation corridors shall
be determined for each specifid area so designated
based Upon an analysis of the corridor by qualified
professional staff of the appropriate city depart=
merits. The boundaries of the scenic transportation
corridors may be determined by the folloWing:
a) the extent of roadway right-of-way area;
b) all established yard areas fronting on the
transportation corridor;
c)
significant natural features such as trees,
geological features which are not within the
right-of-way or street yard area, but are of
value as a part .of ..the scene .
d) principal natural landscape or man-made
elements which form the visual boundary or
enclosing space, ofthecorridor;
).areas from which there is a unique scenic
view or vista of historical or significant
structures or of water bodies such as the
Miami River or Biscayne Bay;
f) unique botanical features such as rare, exotic
and valuable trees or plant life or examples
of excellent landscape design.
PROCEDURE FOR DESIGNATION OF ENVIRONMENTAL PRESERVATION
DISTRICTS:
(1) Areas or sites to be considered as Environmental
Preservation Districts may be recommended to the
Planning Advisory Board by private individuals and
organizations, all city departments, the Environ-
mental Preservation Review Board and the City
Commission.
(2) All areas to be considered must be evaluated, by
the Planning Advisory Board, with the appropriate
recommendations conveyed to the City Commission.
(3) Notice to Property. Owners. A letter or invitation
shall be delivered to the owners of all property
within the boundaries of the proposed Environmental
Preservation District, with a full explanation of
the reasons for the environmental significance of
the property, the effect of the proposed classifi-
cation and the process by which Environmental
Preservation Districts are officially designated,
The oWner (s) Will be invited to appear at a public
hearing before the Planning Advisory Board to dig—
cuss the Platter. The property may then .be rector -.
mended by the Planning Advisory Board to the City
Commission for inclusion in an Environmental
Preservation District,
(4) The areas recommended by the Ptanning Advisory
Board and approved by the City Commission are
established, as EtiVirontnenta1 Preservation Districts,
These sites or areas are then added to the official
map delineating Environmental Preservation Districts
on file Within the Building Department,
(d) EF~FECT OF ENVIRONM.ENTAL ,PRESERVATION DISTRICT ...DESIGNATION:
(1)
Certificate of Approval Required. Once an area or
site is officially designated as an Environmental
Preservation District, all development activity of
removal of trees within that area must be reviewed
by the Environmental Preservation Board of Review
and a Certificate of Approval must be granted before
a tree removal permit or a building permit will be
issued by. the Building Department.
(2) Relationship to Zoning. When the City Commission
approves the designaticn of an area or siteas an
Environmental Preservation District, the regulations
and review requirements for both the existing zoning
district and the Preservation District shall apply.
When the zoning regulations applying to a parcel
designated as an Environmental Preservation District
require review by the Urban Development Review Board,
that body shall be responsible for reviewing
applications for tree removal or development activity
on that parcel in lieu of the Environmental Preserv-
ation Review Board. All actions by the Urban Develop-
ment Review Board on these applications shall be
consistent with the intent of this Chapter.
Section 64-7. PERMITTING PROCEDURES:
(a) Removal of trees not located in an Environmental
Preservation District.
(1) REQUIRED: No person, organization, society, associ-
ation or corporation or any agent or representative`
thereof, directly or indirectly, shall cut down,
destroy, move or effectively destroy through damaging,
any tree situated on any real property as described
above in Section 64-3, without first obtaining
approval and a tree removal permit as hereinafter
provided,
(2) REVIEW: All applicants for a tree removal permit
must submit acceptable applications as described in
(b)
(3)
8ectiih 64=$ of this Chapters The Administtative
Assistant to the Envi ohtentad. PreservationReiiiew
$oard as an official of Building bepartffient shall
be responsible for the reVieew of Stich applications
and the granting of permits. The administrative
asS''istant shall render a deciisioh Within fifteen
days (15) after reeeiVing an acceptable application.
APPEALS: Any ' citizen may appeal any decision of
the Building: Department in enforcement of any term
or provisions of this Chapter to the Environmental.
Preservation Review Board, by filing, within
fifteen (15) days after the date of the initial'
decision, a written notice of appeal with the City
Manager, with .a copy to the City Clerk which shall
set forth precisely the decision appealed from and
the reasons or grounds for the appeal. Each appeal.
shall be accompanied by a fee of twenty-five dollars
to cover costs of publishing and mailing The
Environmental Preservation Review Board shall hear
at a public hearing all facts material to the appeal
and render a decision promptly. The Environmental
Preservation Review Board may affirm, modify or
reverse the decision appealed from, provided that
the Board shall not take any action which conflicts
with or nullifies any of the provisions of this
ordinance.
(4) Any member of the Environmental Preservation Review
Board may:
(a)
(b)
require any application for a tree removal
permit to be reviewed by the entire Environ-
mental Preservation Review Board or
within ten days after the granting of
preliminary approval by the Administrative
Assistant, require any such application to
be reviewed by the entire Environmental
Preservation Review Board. In the case of
such a review, the decision of the Environ-
mental Preservation Review Board shall super-
sede any action of the Administrative Assistant
and constitute a final decision subject to
a subsequent appeal to the City Commission.
(5) All permits for removal of trees not located in an
Environmental Preservation District, which are granted
by the Administrative Assistant, shall not become
effective until at least ten (10) days after the date
of preliminary approval.
REMOVAL OF. TREES AND DEVELOPMENT ACTIVITY OCCURRING IN
AN ENVIRONMENTAL PRESERVATION DISTRICT:
(1)
REQUIRED; No person, organization, society, association
or corporation, or any agent or representative thereof,
10
d ire by or ihd itedtiyr shalt eut dawn) destroy,
Move or effeottve1y destroy through dattiac ihq, a
ttee situated oh any real property or other
sighif .daht ehVir hthehtat features Within an
EhVirohthehtal PtesetVatioh bistridt Or shall_
reoeiVe a building permit for cohstrUdtioh
activity or site improvements within ah EhVirotitnehtal.
Preservatioh bistrict without first obtaining a
Certificate of Approval_ from the Environmental
preservation Review Board as heteihafter provided►
(2) REVIEW: Allapplicants for a Certificate of Approval_
to remove a tree, or for developtttent within an
Environmental P eserVatioh District, trust sUbniit
acceptable applications as described ih Section 64-8
of this Chapter. The Environmental Preservation
Review Board shall review all applications for tree
removal or development activity within an Environ-
mental Preservation District, hold a public hearing,.
and render a decision on the matter within thirty
(30) days after receiving an acceptable application.
APPEALS: Any citizen may appealany decision of
the Environmental Preservation Review Board or of
the Urban Development Review Board as it relates
to this Chapter to the City Commission by filing
within fifteen (15) days after the date of the
decision, a written notice of appeal with the
City Manager, with a copy to the City Clerk, which
shall set forth concisely the decision appealed from
and the reasons or grounds for the appeal. Each
appeal shall be accompanied by a fee of twenty-five
dollars to cover cost of publishing and mailing
notices of hearing. The City Commission shall hear
and consider all facts material to the appeal and
render a decision promptly. The City Commission
may affirm, modify, or reverse the board's decision. The
decision of the City Commission shall constitute
final administrative review, and no petition for
rehearing or reconsideration shall be considered.
Section 64-8. APPLICATION REQUIREMENTS:
(a) All applications for a tree removal permit for all areas
of the City and for a Certificate of Approval by the.,
Environmental Preservation Review Board shall be initially.
made to the Administrative Assistant to the Environmental
Preservation Review Board and administered by the Building
Department. The application must specify the name, address
and telephone number of the person seeking the application,
as well as that of the property owners, ifdifferent from
the applicant, and the street address and the legal
description of thesubject property. The application'
shall be submitted in two stages, as hereinafter described.
- 11 =-
(b) PPELiMtMA Y ,APPbtGATION, Ap.pbICANTS...S AtII._StibRIr .wTtit
(1). A written statement indicating the reason far the
removal of any trees On the site, and a site plan
drawn to scale, .showing the General iodation of
trees, and significant environmental features as
with regard .to yard areas, structures, utilities,
or streets. A minimum of two photographs adequately
Showing the trees and landscape character of the site
shall be submitted with the preliminary application,
(2) A tree survey prepared by a registered land surveyor.
Said Survey shall show the location of all e5tisting
trees upon the buildable area and the yard area of
the entire site. Tree information shall be summarized
in legend form and shall contain the name, size and
location of all trees and landscape features on the
site. Groups of trees less than three (3) feet apart
may be designated: as clumps, with the exception that
any tree with a trunk diameter six inches or more
must be specifically designated.
For large site areas on which development activity
or tree removal is to occur en only a small portion of
the site, the Administrative Assistant or the Environ-
mental Preservation Review. Board: may determine that
the tree survey may exclude those portions of the
site which will not be affected by the: development
or tree removal activity.
(3) Two (2) copies of a legible preliminary site plan
design, indicating the following information for
the entire site.
(a)
(b)
Location, shape and spatial arrangement of all
buildings, walls,' structures and significant
natural features.
Genera]: location and description of surrounding
buildings and adjacent land areas.
(c) Location, shape and spatial arrangement of all
parking areas and access roads.
(d). Existing trees to be removed.
(e) Existing and proposed grading.
(f) Proposed utility services.
(g) Setback and yard requirements.
(h) Existing trees remaining in position.
(i) Existing trees to be relocated, summarizi-ng
in legend form position before and after relocation.
(j) Location of any new trees used as replacements,
(4) P.RELIMf Ak APJ iOYAL: Upon approval of the pteiim=
inary applidation, root ptuning of trees designated
to be removed or relodated may be dommenced. HoweVet,
ho removal of a tree or developineiit actiVity shall
dommende oh thesite until the final:applidatibn has
been approved and all permits"have been obtained.
(c) FINAL .APPLICATION:
(1) REQUIREb: The final application shall include all
doduthents and information submitted for the prelim-
inary application as set forth in 5ection G4=8(b)
and any subsequent redesign. In addition, the final
application shall include a final site plan and the
completed construction documents. Any deviation from
the preliminary design as it affects trees or other.
significant environmental features will be subject
to review according to the same criteria as the orig-
inal preliminary application.
(2) APPROVAL: No approval shall be given until the Ad--
ministrative Assistant determines that:,
(a) The application is in accordance with terms of
this : Chapter;
'(b) There will be compliance. with the regulations,
as outlined in Sections 64-9.through 12 of this
Chapter.
(3) Any change from the final site plan'as submitted and
approved for tree removal by either the Building
Department or Environmental. Preservation Review Board
shall:require new application.and re-evaluation if
trees or other environmentally significant features
are to be affected by the new plan.
Section 64-9. 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.
(2) The tree is diseased, injured, or in danger of falling,
interferes with utility service, creates unsafe vision
clearance, or conflicts with other ordinances or reg-
ulations,
(3) It is in the general welfare of the public that the
tree be removed for a reason other than set forth
above,
Section 64-10.
(b) , do tiiTloNS..:oP .12EI,oCAttoN AN_.AEP dtMENt:
As a cottd itioh to the grahtihc of a tree tethova1 petMit,
the applieant' wii1. be requited where 'ptadtioal tci tei.oCate,
tefioVe ol` tepl.ade the trees oh the 'site as ,follows:
(1) A11 . tteet Oh the site which are 'to be' tetoiied, May
be te1ooated oh, the site Within the building atea
or the ya td -area
(2) If it it imptaot ioa 1_.;, tcb relocate those, trees wh ich
are to be moved. on the site, such trees Ma � ..
� be re-
located.and replanted'off the bite 'but within the
City limits of the City of Miami,
(3) If,t-is impractical to relocate d replant the
aforementioned trees to be removed either on the
site or off:the site,',because of age, type, size,'
then the tree may be'destroyed, or the applicant
tray be:required to redesign the project to preserve
the tree.
(4) In'the event that a tree is. permitted to be
destroyed,' an applicant. may be.required to'replace
the tree with new trees. of comparable size,'nature,
and beauty, as determined by the' IIoard. In no
instance, however, shall the replacement tree be -
less than fifteen (15).-feet'in height and three (3)_
inches in diameter..
-TREE PROTECTION:
(a) During construction protective barriers shall be placed
around the trunks of all trees to be retained on the
site to prevent, the destruction or damaging of the trees.
(b)
If at all practical, underground utility lines, curbs
and other above grade structures should be routed around
existing trees to the outside of the dripline 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 true.
for installation of utility lines, or a trench passing
by the side of the tree maybe 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 be cut, that the cuts be made cleanly and
that the root ends are painted with a wound dressing of
asphalt base paint and immediately covered with soil.
(c) No wires or utility service attachments other than those
of a protective nature shall be attached to any tree.
(d) 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, are fully liable and responsible
for removal of the devices,
(e) All trees transplanted pursuant to this Chapter shall be
maintained alive and healthy in the site of transplantal
14
for. a period of si3� tionths; ' any rif the afofeMehtiofed
-trees Which die within said sib months shall be replaced
by the applicaht.' The i3Ui)dih bepartmeht shall retain
jurisdiction to ihsure c oiiipllande With this. gectioh:
Eect ion 6h=1 ENv1RONMENTAL . P tESERVA I`.ION ,11EVitW . STAt DARb5
The following standards shall be used by the Environs
mental ireserVation RevieW Board ih reVieWinq all site
plans building plans and applications for tree remoVal
within those areas, designated as Environmental Preserv-
ation Districts. These standards are intended to provide
a frame of reference for the applicant as well as to
provide a basis for reviewingplans and proposals.
These standards are notto be regarded as inflexible
and are not intended to discourage innovation or creativity.'
DEVELOPMENT SHOULD:
(a) Preserve natural environmental character of all
sites insofar as practical by minimizing removal
of trees or other significant environmental features.
(b) Preserve or enhance existing topography and natural.
land form features wherever possible.
(c) Use only those signs for identification of principal
use. Signs should be of a size, shape, and color
which is compatible with the surrounding environment.
The size of the signs should bear a direct relation-
ship to rate of speed of passers-by not exceeding a
maximum size necessary for recognition.
(d) Provide visual screening of all parking areas,
service areas or storage areas by using landscaping
and building materialswhich are compatible with
the surrounding landscape character.
(e) Maintain the continuity of landscape material -and
spacing characteristic of the surrounding area or
scenic corridor. If the development occurs along
a designated scenic corridor, the principal natural.
landscape orman-made elements which form the visual
boundaries or enclosing space of the corridor shall
be preserved insofar as possible.
(f) Consider the impact of public and private improve-
ments upon the ecological needs of the area. Road-
way improvements within scenic corridors and other
unique areas should not disrupt or distract from
the existing natural environment.
Section 64-12. EXCEPTIONS:
(a) During the period of an emergency, such as hurricane,
tropical storm, flood or other act of God, or in the
event that any. tree . shall .be deterMihed to be ih
a hazardous or dahierous eofidition so as to eiidahger
the public health`) Welfare or safety, and requires
it thediate removaLthe requirements of this Chapter
may be waived by the City Manager.
A11 ticensed plant or tree nurseries shall be e'tetnpt
from the terms and provisions of this Chapter in
relation to those trees planted and growing oh the
premises of such licensee which are so planted and
growing for the sale to the generalpublic: in the
ordinary course of such licensee's business.
(c) A11 applications for tree removal which do not
involve any new construction on the subject site
shall be exempt from the terms and provisions of
Section 64-8 (b) , (2) (3) , , (c)
Section 64-13. REMOVAL OF TREES FROM PUBLIC LANDS:
No tree shall be removed from any public land, public
parkor public right-of-way, except in accordance with
Chapter 59 of this Code.
Section 64-14. PUBLIC NOTICE:
Public notice is required for all applications for a
Certificate of Approval in Environmental Preservation
Districts. The type and manner of notice will be as
follows
(a), . POSTED NOTICE:
Property being considered for permit under this Chapter
shall be posted with a sign at least ten (10) days in
advance of the public hearing. The sign shall measure
at least three (3) square feet in area; shall be of a
color and shape distinguishable from the surrounding
landscape and shall contain substantially the following
language:
A PUBLIC HEARING INVOLVING APPROVAL OF A
PERMIT FOR TREE REMOVAL OR DEVELOPMENT ON
THIS PROPERTY WILL BE HELD BY THE ENVIRON
MENTAL PRESERVATION REVIEW:BOARD OF THE
CITY OF MIAMI.'
DESCRIPTION OF ACTIVITY:
PLACE OF HEARING:
TIME:
FOR ADDITIONAL INFORMATION CALL 445-4711
!'he' sigh shall be orected iri. fh11 View of the 'pubtid .
oh`eadh street side or side'hearest a street of the
property being, considered for periitx
(b) MAILED
Notice of the timeand place of the public hearing
by the Environmental Preservation ReView Boardshall,
be sent at least ten (10) days in advance of the
hearing by mail to the owner of: the subject property
and the owners of the adjacent property, and other
Departments or Agencies deemed appropriate by the
Board,
(c) Pt 3LI SHE1. NOTICE:
The published notice shall contain a description
of the activity, time, and place of the hearing.
Publication shall be made in the following,:
1. A daily newspaper of the largest general
circulation inthe city, and
2. A daily newspaper of general circulation in
the City devoted primarily to reporting of
financial, business, industrial, and legal
information, and
A newspaper devoted primarily to 'reporting
information of interest in an, area or locality
of the City.
Such publications shall be made not less than ten (10)
days in advance of the public hearing and shall be
prepared and paid 'for by the ' City.
Section 64-15. PENALTY FOR VIOLATION OF CHAPTER:
Any person, organization, society, association, or
corporationor agent thereof, violating the provisions
of any. Section of this Chapter, shall upon conviction,'
be fined not more than Five Hundred Dollars ($500.00),
or be imprisoned not more than sixty (60) days, or shall
be both fined and imprisoned on the discretion of the
County Judge. The removal, relocation, or destruction
of each tree for which a tree removal permit is required,
without proper permit on the job site, shall constitute
a separate offense under this Chapter.
Section 64-16. FEES:
All applications for permits for the removal of trees
shall be accompanied by 'a fee in the amount of $2.00
per tree, sought to,be'removed or relocated, There.
shall be a. minimum fee of $6,00.
].7
•
§edtion 64= * attftiStiCtioNt
The BUildinc DepartMent and the Poiide Departiment shad
have equal and oondirrent jurisdiotibh for the proper
and effedtife "enforcement, of this Chapter.
Section 2. All ordinances, code sedtions, or parts
thereof in cbnflidt herewith) insofaras they are in donflict,..
are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or Word of this Ordinance is for any reason' held or declared to
be unconstitutional, inoperative, or void, such holding or in-
validity shall riot affect the remaining portions of this Ordinance;
and it shall be construed to have been the intent of the Commission
of the City of Miami to pass this Ordinance without such un-
constitutional, invalid, or inoperative part therein and the
remainder of this Ordinance, after the exclusion of such part or
parts shall be deemed and held to be valid as if such parts had
not been included therein.
PASSED ON FIRST READING BY TITLE ONLY this day of
'ir,.q 1974.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this /?- day of jgwro -vd E 1974.
ATTES' ,f,
CITY CLERK
PREPARED BY:
MIOIIEL E. ANDERS9N
Assistant city. Attorney
APF ROVED A$ TO EDm i
OM S.'4A
ity Attorney
it t
JAW; f'_tfi•` 't t•t.tlflitiA
: MOM; _ .UJt)It'fi
1rrterb4ted irFlt'tnttelitrrtirc
that e.n 1Itt OM •tii Sep-,
tentbcr..1074. ,tre,.Cttuutilssinn:et
tlir' t'it} of ''.tlrirnt, t iarlda
atiaptt•P oil orditibnre rntiffr$
•A\','.. Of.t)TNANt1 t EPF AL.
INt: (111APTER , 61, ENTIY'LRt)
"i"ItOTEC'T'ION • A N 14 ' RE
tot -AL OF Ttt1-:f:S'..OP''jr1IE
•C.00E, OF 'flit CI'r'i''
1AMMIt F'LOIIIt:A' AND E:N-
AC°rtNC) A - NEW CI /03'1' n
G4 ENTITL1 t) . "}NVtTtON=
\tEx1Ai.' 1'11F SER1'ATtON
of 'AREAS 11'11I1 EX -TEN
TrU I t!A at'S.
��•!•Ntc' ROtrt'F:s, t'Ntt�t'F.
r:'•:t')l.O(11CAf, Foit1IA1'IONs
AND OTHER SiI:NI•FICA-C 1'
, . t•.:NVtttONAt1;NTAL F } A-
TtittES: t'RO41rn 4G I.Ort
St'ECtAt. ItF:VIEti' PROCI:=
i)IFitES ANb Oti'14.t\IN(i A
I'RO.'i:SS' FOR rtttlr.ICIN
EI)F:NTIFY X(t Ain. I'RE-
=1:1tV1Nf I: VIRONNII!:N'rAL
t.v strNfl•-ttANT SITES OR
'AREAS: 4'ROi'fi)t`C TttAT:
IF ANY SECTION. CLAUSE
On St'I3-SF.C'I1ON SftAt.t, t:F:
bi:cT.AR1.I) UNCONSTITU-
TION.1t., I1' St1 AL.t. NOT AF
FEC.'T TIIF REMMA!'tN(l RO.
Vii&tONS: itt•)PEALIN( ALL
OItt)INANCEs Ott PARTS OF
ORDINANCES IN CONFLICT
1IEftE V1T11.
whi,•h is designated Ordinance
iI. I).' .SOUV1I ERN
cr r1' rLERt.
cr ry OF
• J11 hit I. FLORIDA,
•PuUttaation nt this notice un
the• 1EthArty of September, 1974.
:VC) At POr21
MIAMI REVIEW
• ANb BALLY §Edbflb
Pablisttdrd befit tteapi tditftilayi §tailitay
to dl,»o1!dd'3E
- iidiPii; brae totthiy, nofiHMM,
§f ME of ft:6416A
t oUNti# of bAb
beto►e the UitBeF§igii�i) Yitithority bn►§bii8flji tipp"'�
beefedRuth'Glitter .who 0i oath says that Srhb 13
Asttfatant to, the PubllShei!, of the. Miami _Rovlew and
Daily Renard, a daily..(eiteept.. Saturday, _,Su}1day sand
Dade CountyyFlorld>S thatethepat ached copyMMof adver
tisement, being a Legal Advertisement or Notice In
.the :natter of
.City t sibni,,1 i~iodid
stet
.01-10,1.N c4 NQr 8301
in the paCourt.
was published In sold newspaper In the Issues of
Milani further says that the said Miami Review
end Daily Record Is a newspaper published at Miami,
in said Dade County, Florida, and that the said news•
paer has heretofore been continuously published In
said Dade County Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami,
In said Dade County, Florida for a period of one year
next preceding the first publication of the attached
copy of advertisement: and affiant further Says that
she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication in the said newspaper.
t:. - - ,•
,,`.
Sworn to and subscribed before me this
19th /ay of September , AO, 19 74
/ , Janet Leo.
% 1f, Notary Public,,State of Florida at Large. ,
(SFAll1 / ..
My ComHilssion expires April't5,'t977.
•
t : - i;rf
Sworn to and subscribed before me this ,
19th idly of Se//ptember yAo. I9.:,7.4..
; ...t ::c.t:s. � .-.' »:;:.4.'.:...,....
rs,.
Janet Leo, ,
Notary Public, State of Florida at Large.
(SE /
My Commission expires Apirit 15,11977:`
MIAMI REVIEW
ANtb BAILi Piteaft8
PuWiihei bails a iii Nita" , §ittadi
Lodi tlotieid
l�lici3til bade Cditnft, Hata,. ,
ftAt€ 8P ft:MOM
eOti f, i P
betote . the u'ndereignod iuthbrity parssonattY
Paired Ruth Otatter w e oft With . says that tthti iS .
. ASsfstant_to, the Publisher of the Miami Review afld
Daily Record, a daily y(except, Saturday, - Sunday, and
Legal..HotidayS) heWSpaper, Published „et Mierrii In
Dada County, _Florida• that the. dttached copy of Sdver•
the :tenMattafbeing a Legal Advertiserhent or NVotice In
Mi t►U.j 'lot±i.....,.....
Re
NQ. 8801
in the ..X}G Court.
Was published in Said newspaper in the Issues of
.8.aptelane.....t9.,.. 15.7 4
Atfiant further says 'that the said Miami Review -
and Daily Record is a_ newspaper'published at Miami,
in said Dade County, Florida, and that the said news.
paper has heretofore been continuously published In
Sunda Dade
Legal Florida,
lidays) each day
been entered es
In said class County a Florida the post
office y al
next preceding the first publication of the attached
copy of advertisemenh and affiant further says that
she has neither paid nor promised any person, firm
or Corporation- any discount. rebate, commission 'or
refund for the purpose of securing this advertisement
for publication in the said newspaper.
•G r- r,
bAht: vtit.? tt it•t:tfit1h.
t.thA t. -i dt'f ti:
..,t$ intereotetl•ertlf!tizite fidittte
hint nn ttifi t2th .da< (tt• Sep=
tentber, 1311.:thr:.,C •rmnifssibt►'tif
the City trf ).ttnrni. Florida
{ t 110111 d eh .rirdlnance eritttled
Ati nT r'EAM.,
• 1st; otiAl'Tt:lt 64.ENTITLEI)
"rttOTECtiotc N • T14:
RED '
`.i
t)1"AL OF TR1 l:3' , or
('OtIt OF. tunC1TY' ()F"
.NItAMI. FLORIDA ANO
AcT1Nd A. 1KEtt`. CItAPf I ll
rt t;�I'tTL>rt7 . ":ENt'IFtoN-
\'EN T Ai. I'R FSA1Slt 1'ATIOr
hF AR F AS W1111
MVP, CANOP
St t,NtC ROUTES, t'Nti,t'l:
r:tO.C)1.01'llt`.AI, FoRAtATIUN'
ANI) 'OTHER SKIM-Fit:AN I'
I•: NVVIFtONMMENTAL F` A=
TL'ttES: rfovint fd Folt
5PECLAL ItE-lt:NrPi;OCI
UURES AN113 OUTLINING A
I'I,OL ESS FOR I'U1.1LiCLS-
IDENTIFYING A"t) PttI -
SI:HYING EN\rtl?ONMENTAL-;
LS- SIGNIFICANTSITES OR:
-AREAS:' 'i'ROV1lM d. - THAT -
IF ANY, SECTiON, CLAUSE"
O 1 St'&SF TtON ,SttALL DE:
t)h('LAREI) UNCONST1TU-
T1ON.1L._ IT SHALL NOT AF-
FE('T TRF: REMAINING PRO.
VI51ONSt REVEALING -ALL
ORDINANCES oil PARTS, OF
ORDiNANCES ,IN CONFLICT
IEEEtf' W1TIl.
whiell is designated Ortiinanee
+301.
Ii. I). SO1;T1tERN
CITY, CLERK
CITY" OF
\1IAMt. FLORIDA
Puhlic.ition of this notice on
the 1f11t liar)• of September. 19774, :Oa Al 9OC,2I.1
FflO%is
Ci? Cl 1;4(Ai t, i't edit, -
iN'Ff MitMeititAM3UM
The ttonoLabie McMbers Of
The City Commission
dohtt $ . t,loyci;
lt�'tt rn )
%I /
j_
5U».iEcf:
sepembef. 9 1914 'rfl.r : A=144
EnvirOnMehtal PteserVation
Ordinance
ntrttiEHGEJ:
gNCLo URES:'
In reViewing the proposed Etikrironmental PreserVa~ion.
Ordinance, a tnernberof my staff arid nr,self have rnet and cons= lied
With petsons concerned with the drafting and passage of the
ordinance.
r`ollowing our meeting, the ordinance, twas redrafted and
I notice several distinct improvements in many portions of the
ordinance. I have, however, approved the ordinance only as to
form. I cannot make any further appro3al for the following
reasons:
(1Yr bue to the extremely broad control which the'
orinance pro`. .ides, with respect to the preservation end re-
plantir_g of trees,: developers and -builders will probably find
it difficult aria e:cpensive to comply 'with the'. ordinance. 'nis
could result' in an attack` upon the validity' of the. "Crainarlce
(2) The ordinance presents a recta concept and thus i
•
know of. no prototype which has withstood an attack on itS t>alidity.
In this connection, I note that 'in California a n'.nther
,,f City Attorneys were polled concerning 'their opinions:es .to
the validity of an. ordinance' which would control the destruction
of trees -on private proverty." The majority of those' who ccm ented
expressed doubt as " to the validity of such an ordinance.
..Regarding -.the :°alidditof the .or,,tlinance, I re::cr .
p a. ticularl7. to Suction64-`J by Virtue of whit:: »ti t of r i:c
:'Cif:a1 Pre3er:ation Pe:'ie:•J ioard ,.cam:_"" require <ii' :.'opli.can� r7 ^:rr—
t e:,: igh- Z pror ec t to . pr eserV:? a Crean
I:: ci.j,:io doted cr. c trc po-r::t.'�t =?^..4;_.:.L3 io% .:�°✓t�t.` .�'?
+':ii�t:2Ca t:o b. CLiMbersoMe.
The tionotabie Membets of,
The City Coinatiiss ibh
5+,0ttiiii ief 91. 1214
EnVifonMehtal Pfese2Vation
Ordihante
(1) The otdinance, by vitrue of its natute and by
't'itEtie of it many tequitements,till be difficult arid empensive.
to eafotee.
J5L/tt
Ordinance Attached
ORDINANCE NO
AN ORDINANCE REPEALING CHAPTER 640 ENTITLED
"PROTECTION AND REMOVAL OF TREES" of THE
CODE OF THE CITY OP MIAMI, FLORID, AND
ENACTING A NEW CHAPTER 64 ENTITLEb"ENVIRON-
MENTAL PRESERVATION"TO PROVIDE FOR THE
ENVIRONMENTAL PRESERVATION OF AREAS WITH
EXTENSIVE TREE CANOPY, SCENIC ROUTES, .UNIQUE
GEOLOGICAL FORMATIONS AND OTHER SIGNIFICANT
ENVIRONMENTAL FEATURES; PROVIDING F'OR SPECIAL
REVIEia PROCEDURES AND OUTLiNING A PROCESS FOR
PUELICLY IDENTIFYING AND PRESERVING ENVIRON-
MENTALLY SIGNIFICANT SITES OR AREAS; PROVIDING
THAT IF ANY SECTION, CLAUSE OR s E-SECTION
SHALL EE DECLARED UNCONSTITUTIONAL, IT SHALL
NOT AFFECT THE REMAINING PROVISIONS; REPEALING
ALL ORDINANCES OR PARTS or ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, this ordinance was proposed by the Planning
Advisory Board of the City of Miami,Florida to update Chapter 64.
of the City Code, entitled "PROTECTION AND REMOVAL OF TREES
and
WHEREAS, this ordinance will provide for the preservation
of areas with extensive tree canopy, scenic routes, unique
geological formations and other significant environmental features;
and
WHEREAS, this ordinance will provide . for special review.
procedures and outline a process for publicly identifying and
preserving
environmentally significant sites or areas;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA
Section 1, An ordinance entitled "ENVIRONMENTAL PRESERVATION
O' TREES," is hereby .enacted to read as,fo11ows;
Tree
Removal
tisNtfteNVIERtAt, 1?fttgEtWA'rtOIt
64-1. Definitions
§ 64-2. Intent
§ 64-3. Applicability of Chapter
§ 64-4. Environmental Preservation Review board
§ 64-5. Administrative Assistant to the Environmental Preser-
vation Review Board
§ 64-6. Environmental Preservation Districts
§ 64-7. Permitting Procedures
§ 64-8. Application Requirements.
§ 64-9. Criteria and Conditions for
§ 64-10. Tree Protection
§ 64-11. Environmental Preservation Review Standards,
§ 64-12. Exceptions
§ 64-13. Removal of Trees from Public Lands
§ 64-14. Public Notice
§ 64-15. Penalty for Violation of Chapter
§ 64-16. Fees
§ 64-17. Jurisdiction
tWnONIAttsttAL nitStWATJeg
SeOtioh 64=1* befihitiohs*
'or t'he purposes of this Chapter the fol,lov3ing Words and
phrases shall hate the meahings respectively ascribed to theM by
this Section:
(a), $uildabie Area: The portion of a site Within the required
yard areas oh Wh .ch a. structure or 'improvements may' be
erected.
(b) Development Activity: The carrying out of any building
operation, or making any material. change in,the use or
appearanceof any structure or land use character..
Environmental Preservation Districts Geographical areas,
parcels or corridors, .which may be identified in t'he
future, established' by the City Commission as significant'
'natural or man-made attributes in_need,of preservation -
and control because of their educational,. economic,
ecological and environmental importance to:the, welfare
of the, general public and the City as a whole.
(d) :Environmentally significant features: Natural or man-
made artifacts, sites or features which possess attributes
in need'of preservation and control because of their
-economic, educational 'or environmental importance to the
welfare of the general public and the.City as a whole.
Environmentally significant'features include all'trees
within the City and specifically designated natural,
•
topographical'or geological formations -,..mangrove areas,
natural hammocks, unique scenic vistas or transportation -
corridors and rare and valuable plant' material.
Tree: Any self-supporting perennial plant which has a
trunk diameter of three inches measured three, feet above
grade or'normally grows to an overall height of'fifteen
feet.
(c)
(e)
(f)
Tree Removal Act of cutting down, destroying, moving
or effectively destroying through, damaging a tree situated
on any real property within the City of Miami..
(g) Yard Area The front, side and rear yard areas as
established and required by the ComprehensiveZoning
Ordinance of Miami, Florida.
(h) Tree Canopy; The two dimensional surface area of a tree
as viewed from above.
Section 64-2, Intent;
(a) To preserve end protect trees and other significant
environmental features within the City of Miami.
(b) ,. to reiluire the t e6igh and dohstfudtioi of all. deveiapnett
activity_ be eMeduted .h ffiantier doiisisteht With the
preservation of trees and othet signifieant enttiron�
ftehtal feattireg to the Greatest ectent possible.
(e) TO provide gttidelihet and review prodedures for dontrolling
deNelopittent setivity which may alter, destroy, or be detri�
fiehtal to edlsting trees,. significant environmental
features and sdenio areas.
(d) To proVide the framework and legal .tneohaniSt for publicly
identifying and preserving environmentally significant
areas or sites.
Section 64-3. Applicability of Chapter:
The terms and provisions of this Chapter shall apply to real
property as follows:
(a) All vacant andundeveloped property.
(b) All property to be redeveloped.
(c) All property where there: is to be any addition or
alteration.
(d) All public or private rights -of -way.
(e)
(f)
The. street yard areas of all properties developed with
single-family and'.two-family dwellings'and the yard areas
of all, other developed property.
All property within.a designated environmental preser-
vat ion district.
Section 64-4. Environmental Preservation Review Board:
(a). There is hereby established. a Board, to be known as the
Environmental` Preservation Review Board of the City of
Miami, . Florida. The Board shall consist of five (5)
members, to be appointed in the following manner:
(1) One (1) member shall be a registered landscape
architect appointed by the City Commission from a
list prepared by the Florida Chapter, American
Society of Landscape Architects.,
(2) One (1) member shall be a nurseryman appointed by
the City Commission from a list prepared by the
Dade County Chapter, Florida Nurserymen and Growers
Association.
(3) One (1) member shall be a registered architect
appointed by the City Commission from a list
prepared by the South Florida Chapter, America.
Institute of Architects.
(4) One (1) theffiber shall be a t,etber of afi driVifo ffiefita).
ofc ah i2at ioo suoh a s, but riot l ih ited top the EhViroFP
mental Quality AetiOh do iinittee of the Greater Nliathi
dhatilber of COM ierde, the EeatitificatiOh doiitidii of
South bade, Eriehds of the Earth, the Sierra Club,
Survive, and Tropical Audubon Societyt members shalt
be appointed by the City 'CotMiSaion from lists
prepared by, but hot l ittl ited t o, the ve ti1ent ioneCd
organizations.
(6), One (1) tnetnber shall be a lay citizen Who is interested
in environmental preservation. The member shad be
appointed by the City COMmission from lists prepared
by neighborhood organizations:
(6) Two alternate members shall be appointed and shall
be available at the request of the Chairman toserve
on the Board in the absence of a regular member. An
alternate member shall have full rights of partici-
pation and voting when serving on the Board.
(b) RESPONSIBILITIES:
The Environmental Preservation Revieta Boardwith the
assistance of the Administrative Assistant shall be
responsiblefor maintaining a record of unique environ-
mentally significant lands or sites within the City of
Miami. The Board shall serve: as the quasi-judicial instrument
for granting or denying certificates of approval, for tree
removal and development activity within those areas
identified and established as Environmental Preservation
Districts under the terms and provisions of this Chapter.
(c) Members of the Board shallbe appointed for a two-year
term. All members shall serve without compensation.
The Board shall select from its members a chairman to
serve for a one-year term.
(d)
All decisions to approve an application or to reverse 'a
decision of the Administrative Assistant require the
affirmative vote of fo.ir members. Four members shall_
constitute a quorum.
(e) The Board shall meet at least once per month with
all meetings open to the. public. The members of, the
Board shall adopt rules and procedures guiding the
conduct of the meetings and attendance policies.
(f) Processing and recording of all forms, applications,
and minutes shall be the responsibility of the Building'
Department,
Members and alternate members of the, Environmental
Preservation Review Board may be removed for cause by
a vote of not less than three members of the city.
Commission, Cause for removal mayinclude excessive
absences,
(g)
SeetiOn 64=5. ASMli lsT iA 'l iE ASSfgtAll _tO xEE.ENVIii MME tAb
UtSEkVA i 0i tV i i _beA
(a) the birectot of the building EepartitIeht shallappoint' a`+
memberof the building Department to serve as aii Admihis=
•
trative assistant to the Efivir6hffiehtal Preservation Zeview
Eoard:
The appointee shall be experiended and knowledgeable in
respect to trees and landscape materials, landscape
design, site planning and land use control. regulations.
(c) b'[tTIESOF_'I'EEAENiINISTRATI EASSISTANT:
(1) SerVe as secretary to the board, The appointee
shall attend all meetings of the board and maintain
a record of the proceedings of. the Board showing
its action on each application. The appointee
shall schedule and provide notification of Environ-
mental preservation Review Board meetings to,
applicants and other department and agency represent-
atives.
(2) Shall be responsible for granting or denying
applications for tree, removal, permits in all: areas
of the City with the exception of designated
Environmental. Preservation Districts. Upon receipt
of. a proper application the Administrative Assistant
shall review such application, which may include a
field check of the site and referral of the
application to other departments or agencies as
necessary to determine any adverse effect upon the
general public welfare. The Administrative Assistant
may refer any application to the Environmental
Preservation Review Board if in his opinion the
application is of such nature to require special
consideration by the Board.
(3). Maintain and up -date an official map delineating
Environmental Preservation Districts and a photo-
graphic documentation of all officially designated
sites.
(4) Work with other City Departments and community
environmental groups as required to provide a;
continuing effort to protect and preserve the
natural environment through public education., and
encouraging sound environmental policies.
(5) The Administrative Assistant shall ensure that
notice of the application for a tree removal permit
is mailed to adjacent property owners.
(6) Prepare summary reports of all.decisions on tree
removal permit applications. The report shall
briefly summarizethe conditions and criteria .for
tree removal and the decision of the Administrative
Assistant.
Seetim 64-6. Eft 1ROMME 1T ,t PRES kVAiiiON S tadt'S.:
(a) ,Certaih 'ges4raphidai ateaa or Sites may be designated
as thviroh entai Pfeaervatioh biatrieta by betic5h of
the City Ceffthission redoghitinc the need fat pireserV=
atian and protection of such areas because ofMtheit
education, econofiiic, ehVironmehtal or ecological
iMpottance to the welfare of the general public and
the City of Miami. DhVitonmehtal pteserVation bittticts
ate intendedto providefor preservation and protection
of trees and other significant .environmental features
and to encourage design and development activity which.
is sensitive to the natural landscape character of the
site. Sites With significant trees and landscape materials
may be selected as Dnvironmental Preservation Districts
because they provide important environmental functions for
the Welfare of the community which include the following:
Stabilizing the soil, preventing erosion and excessive
run-off; giving shade and cooling the land; providing
protection from forceful winds using their leaf surfaces
to dilute gaseous pollutants and trap and filter out ash,
dust and pollen in the air; absorbing a high percentage
of carbon dioxide and returning oxygen to the air;
alleviating noise pollution; increasing the value of
property and adding to the natural scenic beauty of
the City of Miami. All regulations and review procedures
provided for Environmental Preservation Districts are
intended to protect the significant environmental features
against needless destruction and to present guidelines
which will lead to the continuance and enhancementof
those features, while at the same time recognizing
individual rights to develop property which is not
prejudicial to the public interest.
(b) The following natural or man-made environmental features
may be designated as Environmental Preservation Districts
when one or more such features are located in a geographical
area or lot.
(1) Clusters of trees with extensive tree canopy,natural.
hammock areas and mangrove areas. Land,areas which
include one or more clusters ,oftrees which will
total 10,000 square feet of tree canopy may be
designated Environmental Preservation Districts.
Smaller areas or lots may also be designated as
Environmental Preservation Districts if the site
contains at least one "specimen tree," which is
defined as a tree having substantial educational,
economic and aesthetic value because of its size,
type, age, outstanding characteristics or other
professional criteria set forth by the State of
Florida Division of Forestry.
(2) Exposed geological formations such as natural rock
outcroppings, caves, sink -boles, and significant
natural topography of the Coastal Atlantic Ridge.
(c)
(3)
8cehid ttafis iortatiofi cotfidofst Those . toadWay
ateas Whioh haVe a,ufiicue lahtlsdape charadteti
e ;tehsitie ttee canopy, and ate of subatehtial
ehVitohtehtal 1Mportahce to the residents of
Miathi as well as to Visitor's Difiiehsiof'ls ahri
_ ..
e:�terit of soefi�c trarisportation cortidors Shall
be detetMihed for each specific area so designated
based upon an analysis of the corridor by qualified
professional staff of the p p ,
ro"riate City depart-
ffients. The boundaries of the scenic transportation
corridors may be determined by thefollowing
a) the extent of roadway right-of=way. area;
b) all established yard areas fronting on the
transportation corridor;
c) significant natural features such as trees,
geological features which are not within the
right-of-wayor street yard area, but are of
value as a part of the scene;
d) principal natural landscape or man-made
elements which form the visual boundary or
enclosing space of the corridor;
e) areas from which there is a unique scenic
view or vista of historical or significant
structures or of water bodies such as the
Miami River or Biscayne Bay;
f) unique botanical features such as rare, exotic
and valuable trees orplant life ,or examples
of excellent landscape design.
PROCEDURE FOR DESIGNATION OF ENVIRONMENTAL PRESERVATION
DISTRICTS:
(1) Areas or sites to be considered as Environmental
Preservation Districts may be recommended to the
Planning Advisory Board by private individuals and
organizations, all city departments, the Environ-
mental Preservation Review Board and the City
Commission.
(2) All areas to be considered must be evaluated by
the Planning. Advisory. Board, with the appropriate
recommendations conveyed to the City Commission.
(3) Notice to Property Owners. ,A letter. or invitation
shall be delivered to the owners of all property
within the boundaries of the, proposed Environmental
Preservation District, with a full explanation of
the reasons for the environmental significance of
the property, the effect of the proposed classifi--
cation.and the process by which Environmental
(
Prese%vatioft Disttiots are officiallYdesignatod:
the oWher (s) Will be ihVited tti appear at a piibI is
heatihq before the iaidfihihq AdViaoty board to dis=
cuss the Matter: The property May then be redom=
mended by the planhing AdVi6ory Board to the City
it
Goftbissioh for ndiusioh h ah EhVirohtttehtal.
Preservation bisttidt x
(4) The areas recommended by the Plahninq AdVisory
Board and approved by the City Commission ate
established as thvirohmental Preservation bistricts.
These sites of areas are then added to the official
trap delineating Environmental presentation bietricts
on file within the Building bepartment.
EFFECT OF ENVIRONMENTAL PRESERVATION DISTRICT DESIGNATION:
(1) Certificate of Approval Required, Once an area or
site is officially designated as an Environmental
Preservation District, all development activity or
removal of trees within that area must be reviewed
by the Environmental Preservation Board of Review
and.a Certificate of Approval must be granted before
a tree removal permit or a building permit will be
issued by the Building Department.
(2) Relationship to Zoning. " When the City Commission
approves the designation of an area or site as an
Environmental Preservation District, the regulations
and review requirements for both the existing zoning
district and the Preservation District shall apply.
When the zoning regulations applying to a parcel
designated as an Environmental preservation District
require review by the Urban Development Review Board,
thatbody shall be responsible for reviewing
applications for tree removal ordevelopment activity
on that parcel in lieu of the Environmental Preserv-
ation Review Board. All actions by the Urban Develop-
ment Review Board on these applications shall be
consistent with the intent of this Chapter.
Section 64-7. PERMITTING PROCEDURES:
(a) Removal of trees not located in an Environmental
Preservation District.
(1) REQUIRED: No person, organization, society, associ-
ation orcorporationor any agent or representative
thereof, directly or indirectly, shall cut down,
destroy, move or effectively destroy through damaging,
any. tree situated on any real property as, described
above in Section 64-3, without first obtaining
approval and a tree removal permit as hereinafter
provided,
(2) REVIEW: All applicants for a tree removal permit
must submit acceptable applications as described in
Seotion 64..8 of this dhapter; the AditiniattatiVe
Assistant to the thVitonrnental Preservation Review
Boatd as an offidial of Building 5eparttent shall
be tespohgible for the teVieW of s"iUdh appiidations
and the granting Of petfiiits. '1'he adifiinitttative
aggistaht shall render a decision Within fifteen
days (15) after receiving an accieptable applidation.
( ) APPb 1LS : Any citizen may appeal any deo is ion of
the building sBo at�i�nChapter` enforcement
hEnbf any. teem
or proVisio Vironmental
Preservation Review Board, by filing, within
fifteen (15) days after the date of the initial
decision, a Written notice of appeal with the City
Manager, with a copy to the City clerk which shall
set forth precisely the decision appealed from and
the reasons or grounds for the appeal Each appeal
shall be accompanied by a fee of twenty-five dollars
to cover costs of publishing and mailing. The
Environmental Preservation Review Board shall hear.
at a public hearing all facts material to the appeal
and render a decision promptly. The Environmental
Preservation Review Board may affirm, modify or
reverse the decision appealed from, provided that
the Board shall not take any action which conflicts
with or nullifies any of the provisions of this
ordinance.
(4) Any member of the EnvironmentalPreservation Review
Board may:
(a) require any application for a -tree removal
permit to be reviewed by the entire Environ-
mental Preservation Review Board or
(b) within ten, days after the granting of
preliminary approval by the Administrative;
Assistant, require any such application to
be reviewed by the entire Environmental
Preservation Review Board. In the case of
such a review, the decision of the Environ-
mental Preservation Review Board shall super-
sede any action of the Administrative Assistant
and constitute a final decision subject to.
a subsequent appeal to the City Commission..
(5) All permits for removal of trees not located in an
Environmental. Preservation District, which are granted
by the Administrative Assistant, shall not become
effective until at least ten (10) days after the date
of preliminary approval.
(b) REMOVAL OF TREES AND DEVELOPMENT ACTIVITY OCCURRING IN
AN ENVIRONMENTAL PRESERVATION DISTRICT;
(1) REQUIRREED, No person, organization, society, association
or corporation, or any agent or representative thereof,
diredtiy or indirectly, shall oft dowi, de6ti:oy,
tr Ve or effeetiVely destroy thraUgh dafiagingi
tree situated on Shy real property Or other
signifieaft dhViroffilefta1: features Witiiih an
Ehvirohmentai" Preservation bitttiet or . Shall
receive a bUiidinC permit for donStrUCtiOn
activity or site iMprovetnents within ah EhVirohtTental
Preservation District Without first obtaining a
Certificate of Approval from the thViron ental
Preservation ltevieW Board as hereinafter provided.
REVIEW: Alt applicants for a Certificate of Approval
to remove'a tree, or for development Within an
Environmental Preservation District, most submit,
acceptable applications as described in Section 64-8
of this Chapter._ The Environmental Preservation
Review Board shall review all applications for tree
removal or development activity within an Environ-
mental Preservation District, hold a public hearing,
andrender a decision on the matter within thirty
(30) days after receiving an acceptable application.
(3) APPEALS: Any citizen may appealany decision of
the Environmental Preservation Review Board or of
the Urban Development Review Board as it relates
to this Chapter to the City Commission by filing
within fifteen (15) days after the date of the
decision, a written notice of appeal with the
City Manager, with a copy to the City Clerk, which
shall set forth concisely the decision appealed from
and the reasons or grounds for the appeal.. Each
appeal shall be accompanied by a fee of twenty-five
dollars to cover cost of publishing and mailing
notices of hearing. The City Commission shall hear
and consider all facts material to the appeal and
render a decision promptly. The City Commission
may affirm, modify, or reverse . the board's decision.. The
decision of the City Commission shall constitute
final administrative review, and no petition for
rehearing or reconsideration shall be considered.
Section 64-8. APPLICATION REQUIREMENTS:
(a) A11 applications for a tree removal permit for all areas
of the City and for a Certificate of Approval by the
Environmental. Preservation. Review Board shall be initially
made to the Administrative Assistant to the Environmental
Preservation Review Board and administered by, the Building
Department. The application; must specify the name, address
and telephone number of the person seeking the application,.
as well as that of the property owners, if different from
the applicant, and the street address and the legal
description of the subject property. The application,
Shall be submitted in two stages, as hereinafter described.
P!L INM 1 JAPPLtC ,'TI ista AttLtdAWTS __ALL _SUSMtt _tHE
Al written stateitieht ihd ieating, the reason for the
removal of any trees on the site, and a Site plah.
draven to soale, shoving the generalihdatthh of
trees and significant environmental features as
with regard to yard areas, s'trtiotureS, utilities,
or streets. A minimum of two photographs adequately
showing the 'trees and landscape charadter of the site
shall be submitted with the preliminary applioatioh,
(2)'! A tree survey prepared by a registered land surveyor,
Said survey shall show the location of all existing
trees upon the buildable area and the yard area of
the entire site. Tree information shall be summarized
in legend form and shall contain the name, size and
location of all trees and landscape features on the
site, Groups of trees less than three (3) feet apart
may be designated as clumps, with the exception that
any tree with a trunk diameter six inches or more
must be specifically designated.
For, large site areas on which development activity
or tree removal is to occur moray a smallportion of
the site, the Administrative Assistant or the Environ-
mental Preservation Review Board may determine that
the tree survey may exclude those portions of the.
site which will not be affected by the development
or tree removal activity:
(3) Two (2) copies of a legible preliminary` site plan
design, indicating the following information for
the entire site.
(a) Location, shape and spatial arrangement of all
buildings, walls, structures and significant
natural features.
(b) General location and . description of surrounding
buildings and adjacent land areas,.
(c) Location, shape and spatial arrangement of all
parking areas and access roads.
(d) Existing trees to be removed.
(e) Existing and proposed grading.
(f) Proposed utility services.
(g) Setback and yard requirements.
(h) Existing trees remaining in position.
(i) Existing trees to be relocated, summarizing
in legend form position before and after relocation,
(j) Location of any new trees used 4P.rep.acements,
(4)
PRE ,IMIN ,R `_A ?PR0 3Att Upon approval of the prelim=
ihary application, foot pruning of tfees de"s'ignited
to be removed or relocated flay be ebTmeheed. NoWever f
no removal Of a tree or development activity theft
dOMMence on the site until the final application has
been approved and all permits have been obtained:
'INATA APPLICATION:
(1) REQUIRtO The final application shall include all
documents and information submitted for the „prelim-
inary application as set forth in Section 64-8(b)
and any subsequent redesign.. In addition, the final
application. shall include a final site plan and the
completed construction documents. Any deviation from.
the preliminary design as it affects trees or other
significant environmental features will be subject
to review according to .the same criteria as the orig-
inal preliminary application.
APPROVAL:, No approval shall be given until the Ad-
ministrative Assistant determines that
(a) The application is in accordance with terms of
this Chapter
There will be compliance with the regulations
as 'outlined in Sections 64-9-through 12 of this
Chapter.
(3) Any change from the final site plan as submitted and
approved for, tree removal by either the Building
Department or Environmental Preservation Review Board
shall require new application and re-evaluation if
trees or other environmentally,significant, features
are to be affected by the new plan.
Section 64-9. 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.
(2) The tree is diseased, injured, or in danger of falling,
interferes with utility service, creates unsafe vision
clearance, or conflicts with other ordinances or reg-
ulations.
It is in the general welfare of the public that the
tree be removed for a reason other than set forth
above,
(3)
13 -
,s a coiid i thh to the granting of a tree removal permit i
the applicant will be required where practical to relocate,
retoVe or replace the tree§ oh the site as follows:
(l) All trees on the §ite which are to be removed, may
be relocated obi the site within the building area
or the yard area..
(2) If it : iS'` ifipractioal to relocate those trees which
are to be moved on the site, such trees may be re-
located and replanted off the site but within the
city limits of the City of Miami,
(3) If it is impractical torelocateand replant the
aforementioned trees to be removed either on the
site or off the site, because of age, type, size,
then the tree may be destroyed, or the applicant
may be required to redesign the project to preserve
the tree.
(4) In the event that a tree is permitted to be
destroyed, an applicant may be required to replace
the tree with new trees of comparable size, nature,
and beauty, as determined by the Board. In no
instance, however, shall the replacement tree be
less than fifteen (15) feet in height and three (3)
inches in diameter.
Section 64-10.
TREE PROTECTION:
(a) Duringconstruction protective barriers shall be placed
around the trunks of all trees to be retained on the
site to prevent the destruction or damaging of the trees.
(b) If at all practical, underground utility lines, curbs
and other above grade structures should be routed around
existing trees, to the outside of the dripline 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 maybe used for construction of curbing
or to accommodate the installation of utility lines. If
atrench .is used, care should be taken that as few: roots
as possible be cut, that the cuts be made cleanly and
that the root ends are painted, with a wound dressing of
asphalt base paint and immediately covered with soil.
(c) No wires or utility service attachments other than those
of a protective nature shall be attached to any tree.
•
(d) 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, are fully liable and responsible
for removal of the devices,
(e) Ail trees transplanted pursuant to this Chapter.sha11- be
maintained Alive and healthy in the site of transp .ants i
for a periodof six i oiiths: ,hV of the a fare ie itioned
trees Which die within old tim months shall be replaced
by the applicant. The BUiidifig bepattment shall retaih
jiiritd fiction to in§Ute "compliance with this gectiOfis
Seetion 64=11. EN IRONMENTAL_Itt8tWATION RtVtEi _STAMAR St
The.f011oWing standards shall be used by the thvitoh-
mental PreserVatioh ReVieW Board ih reVieWing all site.
plans, building plans and applications for tree removal
within those areas designated as Environmental PteserV-
atioh Districts. These standards are intended to proVide
a frame of reference for the applicant as well as to
provide a basis for reViewing plans and proposals.
These standards are not to be regarded as inflexible
and are hot intended to discourage innovation or creativity.
DEVELOPMENT S1#OULD
(a) Preservenatural environmental character of all
sites insofar as practical by minimizing removal
of trees or other significant environmental features.
(b) Preserve or enhance existing topography and natural
land form features wherever possible.
(c) Use only those signs for identification of principal
use. Signs should be of a size, shape, and color
which is compatible with the surrounding environment.
The size of the signs should bear a direct relation-
ship to rate of speed of passers-by not exceeding a
maximum size necessary for recognition.
(d) Provide visual screening of all parking areas,
service areas or storage areas by using landscaping
and building materials' which are compatible with
the surrounding landscape character."
Maintain the continuity of landscape material and
spacing characteristic of the surrounding area or
scenic corridor. If the development occurs along
a designated scenic corridor, the principal natural
landscape or man-made elements which form the visual
boundaries or enclosing space of the corridor shall
bepreserved insofar as possible
(f) Consider the impact of public and privateimprove-
ments upon the ecological needs of the area. Road-
way improvements within scenic corridors and other
unique areas should not disrupt or distract from
the existing natural environment.
Section 64-12. EXCEPTIONS;
(a) During the period of an emergency, such as hurricane,
tropical storm, flood or other act of God, or in the
MI
(b)
event that atiy tree Shall be deteftihed to be' iii
ha2arc oua or dangerous. doiid itioh so as 'te efidafiger. .
tie public health; welfare. or safety, and 'requirea
itited iate reMOVa i, the requ iremnent a of this Chapter
rosy, be waived ' by the . (ity Manager.
All licensed punt or tree. nurseries shail be 'eRettiPt
from the terPis and provisions of this Chapter in
relation to those trees planted acid growing on the
Premise's of such licensee which are so planted and
growing g for the -tale -to. the general public in'the`
ordinary, Course,of such licensee's busitess4
) All applications for tree removal which do not
,involve any neW'construetion on the subject site
,shall be'exempt from the terms and provisions of
Section 64-8..(b) , (2) (3), (c)
Section 64-1 . REMOVAL OF TREES PROM PUBLIC LANDS:
No tree shall be removed_ from any public land, public
park or public right-of-way, except in accordance with
Chapter 59 of this Code.
Section 64-14. PUBLIC NOTICE:
Public notice is required for all applications for . a
Certificate of Approval in Environmental Preservation
Districts. The type and manner of notice willbe as
follows:,
(a) POSTED NOTICE:
Property being considered for permit under this Chapter
shall be posted with a sign at least ten (10) days in
advance of, the public hearing. The sign shall measure.
at least three:(3) square feet in area; shall be ofa'
color and shape distinguishable from the surrounding
landscape and shall contain substantially the following.
language:
A PUBLIC -HEARING INVOLVING. APPROVAL OF A,
PERMIT FOR'TREE'REMOVAL OR DEVELOPMENT ON
THIS PROPERTY WILL BE HELD BY THE 'ENVIRON-
' MENTAL -PRESERVATION REVIEW BOARD OF THE
CITY OF MIAMI.
.DESCRIPTION OF ACTIVITY:
' PLACE OF FEARING;
TIME;
FOR APAITIONAL INFORMATION CALL 445!471I
The sign ghali be erected in fail view of the public
Oh each street Bide orside hearest a street of the
property being considered for permit
(b) MAILEb_NOTtCE
Nodes of the tithe and place of the public hearing
by the Environmental PreserVatibh teView board shall.
be sent at least teh (l0) days in advance of the
heating by mail to the owner of the subject property
and the owners of the adjacent property, and other
bepartments of Agencies deemed appropriate by the
board.
) PHbLISHEbNOTICE:
The published notice shall contain a description
of the activity, time, and place, of the hearing.
Publication shall be made in the following:
1. A daily newspaper, of the largest general
circulation in the City, and
2. A daily newspaper of general, circulation in
the City devoted primarily to reporting of
financial, business, industrial,: and legal
Information,' and
A newspaper devoted primarily:to reporting'
'information of interest in an area or locality
of the City.
Such publications shall be made, not less than ten (10),
''days in advance of the public hearing and shall be
prepared and 'paid for by'the City.
Section 64-15. PENALTY FOR:VIOLATION OF CHAPTER:
Any person, organization, society, association, or
corporation or agent thereof, violating the provisions
of any Section of this Chapter, shall upon conviction,
be fined not more than Five. Hundred Dollars ($500.00),
or be imprisoned' not more than sixty (60),days, or, shall
be both fined and imprisoned on the discretion of the
County Judge. The removal, relocation, or destruction
of each tree for which a tree removal permit is required,
without proper permit on the job; site, shall constitute
a separate offenseunder this Chapter.
Section 64-16. FEES:
A11 applications for permits for
shall be accompanied by a fee in
per tree sought to, be removed or
Shall be'a minimum fee of $6,00,
the removal of trees
the amount' of $2.00
relocated,. There,
gectiofl 64-17_
The building bepartteht and the Police bepartTent §hail
have equal and condUrrent jUritd ic- tioh for the proper
and effective enforcement of this Chapter.
Section.2, All ordinances, code sectionsor parts
thereof in conflict herewith,inaofar as they are in conflict,
are hereby repealed.
Section S. If any section, sentence, clause, phrase,
or word of this Ordinance is for, any reason held or declared to
be unconstitutional, inoperative, or void, such holding or in-
validity shall not affect the remaining portions of this Ordinance;
and it shall be construed to have been the intent of the Commission
of the City of Miami to pass this Ordinance without such un-
constitutional, invalid, or inoperative part therein; and the
remainder of this Ordinance, after the exclusion of such part or
parts shall be deemed and held to be valid as if such parts had
not been included therein.
PASSED ON FIRST READING BY TITLE ONLY this 23 _day of
'7724) , 1974.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this /Z day of J ___E'V &'#'_ , 1974.
42f gyr2/eE o. • •lie E
MAYOR,
ATTES
CITY CLERK
PREPARED BY;
4-MN, k.cars: s `
-�,.... _..._
MIC I L B. ANARRSON
APsiWtant City Attorney
APPROVED A$ TO FORM•
0#iN $ . LLOYD
ity Attorney