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Legislation
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Ordinance 13670
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File Number: 1399
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City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/23/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ENVIRONMENTAL PRESERVATION", TO CLARIFY PROCEDURES FOR THE
TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on May 13, 2010, the City Commission adopted Ordinance No. 13174 in
order to promote Tree protection and environmental preservation and address the stewardship
of the living features in the City of Miami, Florida ("City"), which includes its topographic,
geological and landscape features; and
WHEREAS, on June 23, 2011, the City Commission adopted Ordinance No. 13274 to
address foliage and root pruning of Trees in the City; and
WHEREAS, these regulations concern architectural, aesthetic, environmental, cultural,
and historic concerns within the City; and
WHEREAS, the protection of the Tree canopy and environmental features within the City
is of paramount importance; and
WHEREAS, the current iteration of Chapter 17 of the Code of the City of Miami, Florida
("City Code"), as written, is cumbersome to interpret and lacks clarity in certain portions thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation" is
amended in the following particulars:'
"ARTICLE I.
L
TREE PROTECTION IN GENERAL_
Sec. 17-1. Intent and purpose.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall Ike
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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The intent of this article is to protect, preserve and restore the tree canopy within the City of
Miami ("city") by regulating the removal, relocation, pruning, planting and trimming of trees,
The purpose of this article is to assure that the design and construction of all development
activity is executed in a manner consistent with the preservation of existing trees to the
greatest extent possible.
Sec. 17-2. Definitions.
For the purposes of this article, the following words and phrases shall have the meaning
respectively ascribed to them by this section. Definitions for industry terms are based on the
American National Standards Institute A-300 Standards far Tree Care Operations - Tree, Shrub
and other Woody Plant Management - Standard Practices most recent edition; containing all
Parts); International Societ of Arboriculture Glossary of Arboricultural Terms most recent
edition); and University of Florida Institute of Food and Agricultural Science Bulletin SS -FOR -11
Forest Terminology for Multiple -Use Management.
American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300
Standards") tree manual which establishes performance standards for the care and
maintenance of trees, shrubs, and other woody plants. These are the industry standards for
Arboriculture or Urban Forestry used by the indust and many governingagencies as the
minimum standards of practice for care and maintenance of Trees shrubs and other wood
!ants. These are the generally accepted industa standards for Tree care radices written b
the Tree Care Industry Association (TCIA) to develop consensus performance standards for
Trees shrubs and other woody plants,
Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property
under a written lease authorized to apply for a building Tree permit.
Arboriculture: The cultivation, management, and study of woody plants, especially Trees
Bark: Protective outer covering of branches and Stems outside of the cambium.
Buildable area: The portion of the site exclusive of the required yard areas as defined by the
zoning ordinance of the city and its successors.
Cambium: A thin layer of cells under the Bark of Trees that produces growth of new tissue.
Canopy: The collective branches and foliage of a Crown of a Tree or group of Tree Crowns
usually represented as Canopy diameter measured across the Canopy from Drip Line to Dri
Line at an average Canopy width.
Canopy Coverage: The aerial extent of ground within the Drip Line of the Tree usually
represented assquare feet of Canopy area.
Certificate of approval: A written document permitting tree removal or development activity
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within those areas identified and established as environmental preservation districts or scenic
transportation corridors.
(1) Standard certificate of approval. A written document issued by the preservation
officer for tree permits located within an environmental preservation district.
(2) Special certificate of approval. A written document issued by the historic and
environmental preservation board ("HEPB") where the board must decide if a major
addition, removal or alteration of trees meets the requirements of this article. This certificate
will be considered by HEPB in accordance with the procedures for a special certificate of
appropriateness in Gu4BSection 2 j 23-6.2 of the City Code, as amended.
Certified Arborist: Also known as a ISA Certified Arborist. A oerson who has successfull
completed the testing program administered by the International SocietV of Arboriculture ISA
to be an ISA Certified Arborist with a current valid Certification Number. This person must be
trained and knowledgeable in all aspects of Arboriculture as relevant to the conditions of Trees
within the Cit .
Certified Arborist Report: A report issued bV a Certified Arborist that, at a minimum. shall contain
data for each existing Tree in the applicable Tree Boundary Survey as follows: species: DBH as
defined herein; height; Canopy spread; health condition; opinions regarding current condition;
recommended Tree Activity,if any; and color photographs of Trees which shall depict sufficient
detail to support the opinion of the Certified Arborist.
Code Compliance: The department responsible for the enforcement of the City Code as further
described in Chapter 2, Article X.
Code enforcement board: The code enforcement board of the city as appointed pursuant to
chapter 2, article X. For purposes of this article, "code enforcement board" shall be
synonymous with and have all powers of the special master. The terms may be used
interchangeably.
Construction: See Development activity.
Controlled tree species: These Ttree species listed in the most recent edition of the Miami -
Dade County Landscape Manual which can become invasive in +teRel to baGorne n msanGe
beGause Of their ability W invade pFoximal native plant communities Gr native
W�when not located mayn, and cultivated properly] m�be useful OF +„ rf;^ 8l ^l maw+
of as part of a managed landscape design.
Critical Root Zone: Also known as a CRZ. The CRZ is as large or larger than the minimum
recommended Root area for a Tree as stated in the ANSI „A-300 Standards for transplanting
Trees, usually measured and presented as Root ball diameter.
Crown OF sanop : The upper part of a tree, measured fes,,m the 1,,,..^�.+ hFa Gh Gl di �
bFaRGh^S aAd feliag^ A portion of an individual Tree above the main Stem, consisting of live
branches and foliage.
Crown Cover: The percentage of a given area that is covered by the vertical projection of the
Crowns of Trees.
Diameter at Breast Height "DBH"): The diameter at breast height of a Tree trunk measured at
four and one half feet (4'/2') above ground level (surface grade or soil 9 rad e). I ri the case of
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multi -stemmed Trees the DBH is a calculation of the sum of the DBH of each trunk measured
at four and one half feet (4%'J above ground level.
Dead tree: Antree =u°o i hag R8 vt+a', U ;tiGR . A Tree which is not actively transparting water
and nutrients from Roots to leaves and is exhibiting s m toms such as decay, brittleness rot
non -seasonal defoliation, substantial loss of its branches or other signs of substantial
deterioration.
Department: The department of r9de enf0fG8Mt R!, that d,,.-..,.+.,.,.-nt/Orr,,,,. i .hiE41 the
0nspeGt0FS as de fi l8d ; shapteF 2 aFtiG18v We 1 .,. ted Planning and Zoning, which is
responsible for review and issuance of Tree permits.
Development activity: The carrying out of any building construction that requires issuance of a
permit by the City, including without limitation building construction, additions (including but
not limited to additions of carports, pools, decks fences driveways, andparking-lots),
modi€ications--eft demolition, or making any material alteration to the use or exterior
appearance of any structure or site.
Drip line:
tree h,-.,nehes and exteAda^^ to the ^r^The area defined by the outermost circumference
of a Tree's branches where water drips from and onto the Around.
Environmental preservation districts: Geographical areas, parcels or corridors, which have
been or may be identified, are established by the city commission as significant natural or
manmade attributes in need of preservation and control because of their educational,
economic, ecological and environmental importance to the welfare of the general public and
the city as a whole. The city's environmental preservation districts are designated in an atlas
kept on file with the department of planning.
Environmentally significant feature: Natural or manmade artifacts, sites or features which
possess attributes in need of preservation and control because of their economic, educational
or environmental importance to the welfare of the general public and the city as a whole.
Environmentally significant features include all trees within the city and specifically designated
natural, topographical or geological formations, mangrove areas, natural hammocks, unique
scenic vistas or transportation corridors and rare and valuable plant material.
Exotic tree species: A plant species that has beeR introduced from another country or
geographic et#ef regiones outside its natural range, which may become naturalized or
invasive, S Rot native to the regio„ to .,,hiGh it +r�,� ,rn � but is not native or indigenous
region.
Fatally diseased tree: A tree has a eoRdinir n that i s its ROFMal fURGtieRiRg, as manifeste6l
by distinguishing SiqRS and syrnptem6 that wW Gause the death ef the tFee, 8Rd f@F WhiGh there
R9 kHO:,TE?#E?E;tiV: „U OF tFeatMeRt. h that has been identified with a disease that is not
curable by known indusYy standard pest control treatments or has visible damage from a
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disease and may include secondary stresses related to a disease. A Fatally Diseased Tree may
be considered a High -Risk Tree.
Florida Grades and Standards: The standards for determining the quality of nursery stock being
grown, sold and/or used in landscape projects in Florida. These are based on the Grades and
Standards for Nursery Plants as published by the most current edition of the Florida Department
of Agriculture and Consumer Services.
Girdling:
dJ
;,.amd�,+ _f __
movement r+, h..drates. Girdling Used tGkill tree. Tree Abuse in the form of
restriction or destruction of the vascular system within a Root. Stem, or branch of a Tree that
causes inhibition of the flow of water and nutrients, usually accomplished by removal of Bark
and Cambium around all or most of the circumference of a Tree branch or Stem.
Grade: The ground level of a subject ,property "Reasuring the degree of rose or de rant of a
Hatracking (teg):
. Also known as Topping. A form of Tree Abuse in the form of the
reduction of Tree size using heading cuts that shorten limbs or branches back to a
predetermined Crown limit. Hatracking involves indiscriminate cutting back of branches between
nodes.
High -Risk Trees: A Tree that is in a location where risks to persons or orooerty exist, includin
Trees that have an identifiable part or parts with a high potential for faiiinci and a high potential
to strike a foreseeable target resulting in significant consequences within a short time -frame
The determination of whether a Tree is_a High -Risk Tree shall be made by the Deoartment upon
assessing the supporting risks.
Homestead Property., A property that receives a homestead exemption as determined and listed
by the Miami -Dade Cg2nty Property Appraiser's Office. This exemption must be current to be
applicable.
Homestead Resident: A person or persons living in a residence that receive a homestead
exemption as determined and listed by the Miami -Dade County Property Appraiser's Office.
This exemption must be current to be applicable.
Internode/Internodal: The region of a Tree's Stem between two (2) successive nodes, length of
a branch or Stem growing between the Nodes.
Landscape manual. The Miami -Dade County Landscape Manual, latest edition, which is the
official landscape manual issued by Miami -Dade County, Florida, and incorporated herein by
reference. The landscape manual, as amended from time to time, is adopted by reference by
the city and deemed incorporated by reference as if set forth herein. If a conflict arises
between the landscape manual and this article, the latter shall prevail.
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Lion's Tailing: A form of Tree Abuse in which the removal of an excessive number of inner,
lateral branches from parent branches results in a Tree having the maiority of foliage in the
outer portions of the Canopy.
Main Stem (or Main Trunk): The portion of a Tree between ,round level and the point of division
into maior branches.
Native tree species:
Miami Dade Geunbl. Plants whiGh are desGFibed as being native to Miami Pade Geumy in
19GtaRiGal manuals suGh as, the Miami Dade Gaunty LandsGaP8 MaRwall eFe GORsidered native
An indigenous species that is normally
found as part of an ecosystem. A species present in a defined area or region of the United
States prior to European settlement.
Node: Slightly enlarged portion of a Stem where leaves and buds arise.
Owner: Any person, entity, corporation, partnership, trust, holding company, limited liability
company or any other legally recognized entity that is the legal, beneficial, or equitable owner
of any interest whatsoever in the property. Owner shall include any purchaser, assignee,
successor, or transferee of any interest whatsoever in the property regarding any provisions of
this article.
Palm or Palm Tree): Monocotyledonous plant of the Palmacea family. A type of Tree that is an
un -branched evergreen Tree of tropical and warm regions, with a Crown of yM long feathered
or fan -shaped leaves and typically having old leaf scars forming a regular pattern on the Trunk.
Person: As per the definition set forth in section 1-2 of the City Code.
Prohibited tree species: Those tree speGia that aFe de+ ' - ntai to native pants, native
designated in +he Mia,•,.,i_nade CG my A species of Tree listed as a prohibited species in
the current edition of the Landscape Manual and the F=dE;us Ben arninaANeeninn Fig_as well as
Weeping Fig Trees Ficus ben'amina .
ME
■ -
■ ■ ■R MEHO* W01111
Public Right-of-Way:_See Right -of -Way as defined in Section 55.1 of the City Code as
amended.
Registered Landscape Architect: A Person who holds a license to practice landscape
architecture in Florida as authorized by Chapter 481, Florida Statutes.
Replacement OF FeplaGe.r.en+ trees:
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thisaptmG4eAlso known as Mitigation Tree. Trees that are proposed to be used as replacement
for Trees being removed from a property.
Root: The part of a Tree usually under round that anchors the Tree to the ground and also
absorbs and conducts water and nutrients to all parts of the Tree.
Root pruning:
Fe^^^ FoFe than teR PeFGeRt Of qtr e's Feet system . The cutting of Roots to limit their
vertical or lateral growth, the process of pre-cutting Roots behind the line of aplanned
excavation to prevent tearing and splintering of remaining Roots any removal of Roots one inch
(1 ") in diameter or greater, and/or the removal of more than ten percent (10%) of a Tree's Root
system. Root Pruning of more than ten percent (10%) of a Tree's Root system requires a Tree
Permit
Scenic transportation corridor: Those roadways identified by the state or by the city
commission resolution as having a unique landscape, an expansive tree canopy and/or
unique landscape features that is of substantial environmental or scenic importance to
residents and visitors.
Shrub: A woody, perennial plant separated from a Tree by its lower mature height [generally
under twenty feet(20')],and showing the lack of a well-defined main Trunk often multi -
stemmed.
Site plan: A comprehensive plan drawn to scale indicating site elevations, roadways and
location of all relevant site improvements including structures, parking, other paved areas,
ingress and egress drives, landscaped open space and signage.
Sound nursery practices: The practices or procedures of landscape nursery es that meet or
exceed the Florida Grades and Standards work that Gemply the standards set bythe
Special master: The person(s) appointed pursuant to chapter 2, article X. For purposes of this
article, the special master shall be synonymous with and have all powers of the code
enforcement board. The terms may be used interchangeably.
Spiking:
free er its r0etsyste,~n. Spiking is ef-ten used to -kill a tFee. A form of Tree Abuse in which there is
the hammering or affixinq of metal or other material into a Tree to harm the Tree or lower its
commercial value or any damage to the Trunk of a Tree caused by use of climbing spikes.
Spread: The average diameter of the crown. The average diameter of the Tree Canopv or
Crown as measured across the Canopy in at least two (2) directions from Drip Line to Drip Line
of farthest reaching branches.
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Specimen tree:
diameteF ef the tFunks having a eliameter at breast height (99�4) of 4 8 OnGhes or greater. This
9)(6 WEIeS..the fnllGwing,
frit inGl,,.aiR hilt not 11mited to; MaR aVGGad9 nr n..nio Of Gitr
(3) All tree6 iTr#ie palm family.
A Tree that is equal to or larger than eighteen inches 18" DBH. Trees that do not gualify as
Specimen Trees are Palms, non-native Ficus species, or anv non-native fruit Tree cultivated
as a prove Tree for commercial productlon of fruit.
Stem(s): The j2rincipal axis or wood structure of a plant from which buds shoots foliage, and
branches develoo.
Tree:
tiV'ayeFV Halms shall Maye a minim,,,,, height of 14 feet in G G18 t9 be GWSSified as trop A
woodV perennial plant, including Palms usually having only one 1 dominant Trunk and a well-
defined Stem or Stems carrying a more or less definite Crown, usually having a mature height
greater than sixteen feet (16'). A Tree regulated under this Chapter must have a minimum size
of twelve feet 12' overall height with a DBH of two inches 2") or larger. A Palm regulated
under this Chapter must have a minimum heiqht of sixteen feet (16') overall with a DEN of six
inches {6°} or larger.
abuse.Tree
Damage iRfliGted te any part of a tFee,the rGot system, by MaGhinery,
(L2) HatFaGk�W
(4) Pruning t8GhRiqUeS whiGh remove more than 25 PeFGeRt Gf the GaROPY, GFGWH G
.. a ••
Action that damages a Tree and/or parts of a Tree. Generally. anv Tree activity bevond or
against those described in the ANSI A-300 Standards. Examples of Tree Abuse include but are
not limited to Hatrackin S ikinq, Lions Tailinn, Tree Removal without apermit), pruning more
than twenty-five percent 25% of a Tree Canopy in one 1 annual growing season Root
Pruning that destabilizes a Tree, Girdling, damaging and/or removing sections of Bark and
damaging and/or removing sections of Cambium.
Tree Activity: Work that will affect a Tree on a property which includes Tree Removal, Tree
Pruning more than twenty-five percent 25% and Root Pruning more than ten percent 10% or
trimming of a Root more than one inch (1") in diameter.
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Tree Boundary Survey: A survey such as a. topographic survey that establishes property lines
and corners of a parcel of land and also locates natural features such as Trees and streams as
well as man-made features such as buildings, fences improvements, land contours
easements, and utilities. Tree Boundary Survevs shall be prepared by a orofessional land
surveyor.
Tree Permit: A permit which is required for any Tree Activity.
Tree Protection Barriers: Barriers fences or barricades that are placed around existing Trees to
provide protection durincl construction on a subject property. Exam fes are contained in the
Tree Protection Specifications and Tree Protection Details as described in the Landscape
Manual and ANSI A-300 Standards.
Tree Protection Bond: A monetary bond that guarantees specific Trees be protected and will not
be harmed by the construction project and, if harmed, the party will reimburse for the loss.
Tree Protection Zone "TPZ" An area defined by a Certified Arborist surrounding the Trunk of a
Tree to protect Roots and soil within at least the QRZ 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 Prunin : Also known as Tree Tri mming. The selective cutti ng of Tree parts done to
remove branches or parts of branches from a Tree's Crown.
Tree removal: The act of cutting down, destroying, moving, relocating, or effectively
destroying through damaging, any tree situated on any real property or public property within
the city.
Tree Value: The appraised monetary value for a Tree as calculated by an ISA Certified Arborist
who is specially trained and experienced as a Tree and Landscape Appraiser. Appraisals shall
utilize the Trunk Formula Method within the replacement cost approach of valuation as
described in the most recent edition of the Guide for Plant Appraisal ublished 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 mitiqation requirements for Specimen Trees being permitted for
removal aLgpproved by the Department
Trunk: The main or central stem of a Tree..
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Vi or. The capacity of a Tree to grow and resist stress growing in a healthy condition.
Sec. 17-3. Applicability.
The provisions of this article shall apply to all public or private property within the city,
unless expressly exempted by law.
b Ali Tree Activity as defined in this Chapter require a Tree Permit as described herein.
,i c ,Any tree removal on a public right-of-way or on property owned by the city shall require
a permit from the public works department, unless it is deemed in writing by the ptb4G
UlGFkS rliFester or the direr..+v of the dap. _ + of ade enfarnarnen+ Director of the
Department or his/her designee that such permit will be an undue burden for the city
and is not in the best interest of the public health, safety and welfare of the city.
All trees located within environmental preservation districts shall also be subject to the
requirements of article 2 of this chapter.
.6 feet sha4 alse be sul;�8E;tte these
r�r�. _i i ro rrs a of c
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.
All mangrove trees and any tree located upon land which is wetlands as defined in
§ Section 373.019, Florida Statutes, as amended from time to time, shall also be
subject to the permitting requirements of article 2 of chapter 24 of the Miami -Dade
County Code, as amended.
Sec. 17-4. Tree removal permit or tree PFHRORO PeFrnit applications, requirements, review, and
fees.
(a) Permit, when required.
(1) No person, agent or representative thereof, directly or indirectly, shall remove 0
FeloGate any #8e situ engage in Tree Activity on any property described in section 17-3
of this Article without first obtaining a tree reraeval permit and unless exempted by section
17-11 of this Article.
(2)
fid. A Tree Permit is required for Tree Pruning of mare than twenty -fire percent (25 o
$erseR of the canopy, crown, or living foliage of a tree or other pruning not in accordance
with the ANSI A-300 Standards shall be allowed upon presentation of a letter to the city, to
be validated by a certified arborist, with justification as to why the ANSI A-300 Standards
are not applicable.
(3) Pruning of the canopy, crown or living foliage of a tree, in strict accordance with ANSI A-
300 Standards shall be allowed without a permit. A certified arborist letter or other
documentation may be required.
(4) Any removal of roots one inch Lain diameter or greater and/or the removal of more
than ten percent (10%) of a tree's root system shall require a tree pruning permit. No root
pruning shall be allowed beyond the aforementioned limits anywhere in the city without a
tree pruning permit except for the pruning of roots when essential for any repairs or
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improvements performed by or for the department of public works or capital improvements.
(5) No building permit for any work that has the potential to affect trees, including new
construction, additions, carports, pools, decks, fences, driveways, parking lots, tennis
courts, demolition, or similar work, shall be issued by the building department unless the
zoning department has determined that a tree Femoval permit or tree pruning permit is not
required or that a valid tree F8FnGV@l permit or tree pruning permit has been issued in
accordance with this article.
(b) Application requirements. The propertV owner or authorized
agent shall submit a Tree Permit application to the Department on the Department's Tree
Permit application form nrn,iided far that p irpe e 2nd hall incl de a ,_i++,.R statement
o easons for tie r FROVaj rtr FeIGGaf' f eaGh tree. The following rlr.GUFgent at1GR
and _any applinahle fees Shall ar.nmm�ar y � plir ati.- ns:
N� A Tree. Permit application shall include
those supporting documents and plans as required by the Department to provide ade uate
description and information to verifv the intended Tree Activity, site conditions, proposed
construction and work specifications in order to issue a Tree Permit.
1c'lt ' 1 AppliG ati-e-c for tree reme. al in Go r .+.tiOR With Reim nnnStF nf'ORG'UdiRg
additions, pools and deGks, shall inGlude the �ellewingr Plan requirements. Plans submitted
with a Tree Permit application shall comply with the following:
1 Commercial proper—ties. Plans for a Tree Permit in con unction with new construction
including but not limited to, demolition additions—pools and decks shall include the
following:
a. A tree Boundary survey, drawn to scale, identifying the tree species, location, and
listing the height, spread and diameter of all existing trees. The tree Boundary
survey shall illustrate the location of all existing structures, the location of any
overhead and/or underground utilities and the right-of-way limits, edges of
pavement, including all trees within the right-of-way. This survey shall be prepared
by a professional land surveyor, licensed in the state.
b- a A_tree
disposition plan drawn to scale identifying and listing all existing trees and specifying
the condition of each tree, the TPZ radius and whether said trees are to remain, to
be removed and/or to be relocated. The tree disposition plan shall also contain the
value of specimen trees that are listed to remain and/or to be relocated. The
valuation of trees shall be appraised using the Council of Tree and Landscape
Appraisers Guide for Plant Appraisal, latest edition. The tree disposition plan shall
superimpose all proposed new construction, a44d the new locations of existing trees
to be relocated on site over the tree survey pian information:, and an accurate
depiction of the CRZ and Canopy of the Trees to remain and/or be relocated. For
applications involving the construction of a new buliding(s), the tree disposition pian
shall be prepared by and bear the seal of a landscape architect currently licensed in
the state, or by persons authorized by €-5-k. Chapter 481 Florida Statutes, as
amended, to prepare landscape plans or drawings.
c. A Tree -protection plan depicting all Trees to remain and/or be relocated on site with a
depiction of the Tree's TPZ.
d. When applicable, an assessment on all existing Trees with Tree specifications For
Trees and/or Palms proposed for relocation Tree relocationspecifications in accordance
with ANSI A330 Standards shall be provided to the Department. Additional information
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such as the TPZ CRZ Tree protection and/or Tree Pruning recommendations may be
required for Trees to remain and/or be relocated. The assessment shall be prepared b
an ISA Certified Arborist.
(Z) Single family or duplex properties. AppliGatiGns feF tree Feme Plans for a Tree Permit
in conjunction with
,
&half new construction, including but not limited to demolition, additions. pools. and decks
shall include the following:
a. A site plan drawn to scale, or existing property survey prepared by the owner or the
owner's representative, identifying the location of the tree, the species and listing the
height, spread and diameter of all existing trees. Said site plan may be limited to the
immediate area of the proposed work.
b, A
tree disposition plan drawn to scale, prepared by the owner or the owner's
representative, or such plan incorporated onto an existing property survey, listing all
existing trees and specifying the condition of each tree and whether said trees are to
remain, to be removed and/or to be relocated. This plan shall also illustrate the
location of all existing structures and/or all proposed new construction, the location
of any overhead and/or underground utilities and the new locations of existing trees
to be relocated on site.
c. When applicable _an assessment on all existing Trees with Treespecifications. For
Trees and/or Palms proposed for relocation Tree relocationspecifications in accordance
with ANSI A304 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 andlor be relocated. The assessment shall be prepared by
an ISA Certified Arborist.
(3) Flans for a Tree Permit unrelated to construction shall be drawn to scale using a site
Ian or existing property survey prepared by the owner or owner's authorized
representative.
All applications shall have a tree replacement plan/landscape plan drawn to scale that
illustrates all proposed new construction, new locations of relocated trees, and new
replacement tree locations that complies with the requirements of section 17-6 of the City
Code, entitled "Tree replacement." For applications involving the construction of a new
building(s), the tree replacement plan shall be prepared by and bear the seal of a landscape
architect currently licensed in the state, or by persons authorized by F.S. sly: Chapter 481,
Florida Statues, as amended, to prepare landscape plans or drawings. Tree replacement
plan/landscape plan submitted for a one -family or two-family dwellings (homestead property)
may be in the form of a site plan drawn to scale prepared by the owner or the owner's
representative.
(45) Anytime construction or development is to be undertaken, a tree protection bond equal
to the value of the specimen tree(s) to remain and/or to be relocated shall be posted,
except for properties which have Homestead Exemption, pursuant to Section 195.075,
Florida Statutes, and show proof thereof. The bond shall remain in effect for one year after
the final certificate of occupancy is issued.
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■
Mm TP
WMIRMURE
0- "VINOW
(ed) Review of application. Upon receipt of a completed Tree Permit application, the
department e mnement (h6F6iR Fefeffed +,-, a "depa4FR Rt") shall review said
application for compliance with the regulations as set forth in this article. Such review shall
may include a field inspection of the site and referral of the application to other departments or
agencies as necessary. Within 15 G lr RdaF day of the %G9ipt 9f a Gr.WP'eted a pliGatienI the
the permit ron,,of time to review and
respond to applicants regarding Tree Permit applications, generally completing the initial review
within fifteen (15) business days and thereafter providing the intended decision notice upon final
approval the Tree Permit application.
(de) Notice. Within 24forky-eight {48) hours of issuing the intended decision for a tree removal
permit, the department shall notify the applicant and post a notice of the intended decision on
or adjacent to the subject property in a location where it is visible to the general public. The
posting shall provide a general description and location of the proposed treed on silo,, met be
Activity contained in the Tree
Permit. The intended decision shall also be sent to the home owners` associations registered
with the neighborhood enhancement team ( NET") in that area.
(ef) Issuance of permit. If no appeal; in accordance with section 17-8 of this Article, is f
#tiled received within ten {10)_calendar days of the issuance of the intended decision, the tree
pFuning permit nr tree . _moyal permit,if v ginallis appFaved by the .ar.paFtment .hall be
issued. The property owner shall ORSUFeensure that the tree Femoval permit is displayed until
the authorized work is completed.
(#g) Fees. Fees shall be as established pursuant to section 10-4 of the City Code, as
amended, "Building permit fee schedule." Applications from government agencies for tree
removals in areas dedicated to public use may, at the discretion of the city commission, be
exempted from application fees and permit fees by resolution.
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(gh) Final inspection. No later than sixl�months following the completion of the authorized
work, the applicant shall schedule a final inspection with the department for verification and
acceptance of the final authorized work.
Sec. 17-5. Criteria and conditions for tree FeMGQal and ra'Qoatien Permits.
(a) Criteria for tree FeMOVal Permits.
We peFmit shall be issued f-, t. 8111 -Val WRIG56 E)P,-
of the fnuewiRg .+riteria exists In determining whether a Tree Permit should be issued, the
Department will consider the following criteria:
(1) Whether the tree is located in the buildable area or yard area where a structure or
improvement may be placed and the tree unreasonably restricts the permitted use of the
property. Trees located in the property frontage (within the fifteen 15) --foot setback), are
not considered located within the buildable area or yard. Ingress and egress to garages are
not considered buildable or yard areas, Trees on a public right-of-way shall not be
considered for removal because they restrict ingress or egress to the garages or parking on
the site, except if there is no other reasonable access to and from the structure or to the
property from the public right-of-way. This rectrigtign Shall he Voai.0e61 13y eith9F the rlirentgr
wGFks ..rhe. it F81ater tri the P61bliG right _ef_.
(2) Whether the tree is diseased, ir�i iron er in danger of falling; interferes with utility service
determined by a trained and experienced vegetation management or line clearance employee
and/or Person; creates unsafe vision clearance within_a sight triangle or other legal Right -of -
Way; or is in dangep of materially impairi4q.s the structural integrity of an existing structure.
3) Whether the Tree is deemed a High -Risk Tree, fatally diseased or dead. The Department
my require supporting documentation confirming that the Tree is a High -Risk Tree fatal/
diseased or dead and cannot be abated by other means i.e. pruning, trimming, fruit removal
removal of hazardous limbs); photographs of the Trees showing the conditions signs or
symptoms of the Tree; any laboratory analysis or relevant scientific literature: and anv other
otential supporting documentation.
(4) Whether the Tree is a Prohibited Tree Species. The Department may require photographs of
the Tree(s) to support identification of the Tree Species. Prohibited Tree Species may be
removed without the need for a Replacement Tree.
(45) Whether Tthe tree in aR rsvritir tree anegieS and Will be r,la ed With a native tree
speGiea f„ prometegood forestry p;a4iGec, 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.
(4fi) it is iR the inteFest of the general welfape of the publiG that the tree be Femeved fora
reales ether than et forth belie
i cciooiroci ��, C. ��, � set a-ivm�Any other relevant criteria the Department deems
appropriate to consider in order to make a determination.
(b) Conditions for Issuance of a tree Yerneyal Feleeation and replaGement Permit. Any or all
of the following conditions may be required by the Department prior to issuance of a Tree
Permit:.
(1) The applicant may be required to redesign the project to preserve specimen tree(s) or
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any other tree determined by the department to be of substantial value because of its
species, size, age, form and/or historical significance, and to provide an alternate plan that
includes the adequate preservation of said tree(s) and design alterations within the scope
and intent of the initially proposed plan.
(2) Where practical, specimen trees or any other tree determined by the department to be
of substantial value because of its species, size, age, form and/or historical significance,
proposed for removal, shall be relocated on or off-site within the Commission District of the
subject property. The applicant shall adhere to acceptable tree relocation standards and
specifications. The department may require a certified arborist to monitor the root pruning
and tree relocation preparation efforts on site and to provide documentation certifying that
the work was accomplished according to acceptable tFeG FeIG 'ati rt standards and
specifications.
(3) If it is impractical to relocate said tree(s) either on or off-site, because of age, type or
size, the applicant shall be required to replace all trees permitted to be removed in
accordance with the tree replacement requirements in section 17-6.
(4) The department may require that the applicant provide a written report from a certified
arborist before making any determinations in conjunction with this se --Article. The
department may also require monitoring by a certified arborlst during construction and/or
Tree Activity requiring a Tree Permit to assure tree preservation.
Sec. 17-6. Tree replacement.
(a) Tree replacement chart. The tree replacement chart 17.6.1.1 below, shall be used to
determine the total number and size of trees that shall be planted as replacement
trees for all trees permitted to be removed. The replacement trees are based on the
diameter in inches (DBH) of the trees to be removed. To determine the required
replacement trees, calculate the total sum in inches of the diameters of all trees to be
removed. This sum will result in one single number in inches that represents the
combined total of the diameters of all trees to be removed. Diameter measurement
shall be rounded up to the nearest inch.
Chart 17.6.1.1
Tree Re lacement Chart
Total diameter of
tree(s) to be
removed (sum of
inches at DBH)
Total number of
replacement trees required
{where each Replacement
Tree is a minimum of 2"
DBH .Yi.,;rv„ ^&h: x 6'
spread in Canopy x 12" in
hei ht)
OR
Total number of
replacement trees required
where each Replacement
Tree is a minimum of
4" 1111Aom; DBH x 8'
spread in Canopy x 16' in
height)
Contribution
to Tree Trust
Fund
2't,3'"
1
or
0
$1,000.00
4'"-61"
2
or
1
$2,000M
71"-121"
4
or
2
$4000.00
13"-18"
6
or
3
$6,000.00
19"-24"
8
or
4
ILQ-0-0
25"-30"
10
or
5
110,000.00
31 "-36"
12
or
6
L2,000.00
37-42"
14
or
7
1$14,000.00
43'1-481"
16
or
8
1$16000.00
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49"-60" J20 lor 110 I 20 000.00
LLIf the sum of the diameter of trees to be removed exceeds a total of sibinches (60"),
the additional inches shall be added cumulatively from the top of the chart, down to
the bottom of the chart, to calculate the number of trees required as replacement
trees.
2) Up to thirty percent (30L61 peFGeet of the two-inch (2") DBH replacement tree
requirement may be met by native species with a minimum height of e+g#t ten feet
(I 1Y) and a minimum DBH of one and one-half inches1( Y2„)at time of planting.
3 The removal of a Palm shall be replace with two 2 Palms at sixteen feet 16' overall
heiciht with a six-inch 6” DBH or one 1 Tree at twelve feet 12' overall height with a
two-inch 2" DBH. Native ,palms of a fourteen foot (14) -feet minimum overall height
and minimum DBH of three inches (3") at time of planting shall count as a required two-
inch (2") DBH replacement tree on the basis of two (2) palms per required tree. No
more than thirty percent 30°Ion perGent of the required replacement trees shall be
palms.
(b)Tree species. Tree(s) installed as replacement trees shall be of a native or non -fie
invasive species and shall be planted at grade or ground level according to ANSI A300
best management practices manual, incorporated herein by reference. When more than ten
trees are installed as replacement trees, a diversity of species shall be required as per chart
17.6.2.1 tree species diversity chart, below.
Chart 17.6.2.1
Tree Species Diversi
Required number of trees Required minimum number of species
11-20 2
21-50 4
51 or greater 6
(b) PF44,i` �peGjes Tree Replacement Alternatives. ReplaGernent trees are nGt
p Fahihited free_ spe-_.r_-
1. Replacement Trees for Homestead Properties may comDly with the following alternatives
a. The removal of a non-specimenln_o_n-native Tree, a Controlled Tree Species or a Palm
species shall be replaced with a nativespecies at a one-to-one ratio upon written
confirmation from the Department. Replacement shall be of minimum replacement size
at two inches (2") DBH and twelve feet (12') overall height.
b. Trees authorized for removal from lots that meet the minimum lot Tree requirements,
as described in Article 9 of the Miami 21 Code shall be replaced at a one-to-one ratio
excluding Specimen Trees and Trees effectively destroyed as a result of Tree Abuse.
c. Homestead Properties that remove Trees without a proper Tree Permit must comply
with the standard Replacement Tree quantities and requirements and may not avail
themselves of these alternatives.
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2. Prohibited Tree Species may be removed after obtainina a Tree Permit, Replacement Trees
are not required for the removal of any Prohibited Tree Species as listed in current edition of the
Miami -Dade County Prohibited Species List except Lofty Fig Ficus altissima and Banyan Tree
(Ficus benghalensis) which are subiect to the provisions of this Article, No fees will be assessed
for Tree Removal of Prohibited Tree Species
3. The City Manager or designee, after a recommendation of the Department, may adiust the
requirement of Replacement Trees for affordable housing developments that are procured b
the City and/or funded by the City, regardless of the source of funds.
(d) Tree quality. After issuance of a Tree Permit, Trees instaile' as replacement trees in
accordance with this section shall conform to, or exceed, the minimum standards for Florida
Number One as provided in the most current edition of "Florida Grades and Standards for
Nursery Plants, Part I and ll, °' prepared by the state department of agriculture and
consumer services, and incorporated herein by reference. Trees shall be planted according
to sound nursery practices as illustrated in the landscape manual.
(e) Off-site replacement trees. If the total number of trees Fequire replacement trees
cannot be reasonably planted on the subject property, the applicant may enter into a44
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 submect property due to capacity issues the
Department may approve the planting of the excess Replacement Trees in other parts of
the City. An alternative to off-site replacement is provided in subsection (f), relating to the
contribution to the tree trust fund. Applicants may do both to the extent that they should
proffer to do so.
(f) Tree trust fund.
both to the extent that they should pFe#er te de If the Department determines that an
agplicant is not able to comply with the planting of Replacement Trees either onsite or off-
site as required by this Section then the applicant shall make a financial contribution into
the Cit 's Tree trust fund prior to issuance of the Tree Permit as follows:
Non -Homestead Properties. The contribution shall be equal to one thousand
dollars ($1,000.00) for each two-inch (2") DBH Tree required in accordance with
Chart 17.6.1.1.
Homestead Properties. The contribution shall beequal to five hundred dollars
5500.00) for each two-inch (2") QBH Tree required in accordance with Chart
17.5.1.1 per calendar year. If additional Tree Permits are issued in the same
calendar year, the subsequent contribution shall be equal to one thousand
($1,000.00) for each two-inch (2") DBH Tree reauired in accordance with Chart
17.6.1.1
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(g) Completion. The -FReplacement tTree process shall be completed prior to the issuance
of a certificate of occupancy or temporary certificate of occupancy. Moreover, the approval
of a tFee Felee ,tion o tTree mal Permit is contingent on any requirements set forth in
subsectlons (a) through (f) above.
h Maintenance of relocated and Replacement Trees. Trees that are relocated or replaced
must be maintained in a healthV growingcondition and guaranteed fora period of at least one
1 ear unless otherwise authorized by the Department in writing.
Sec. 17-7. -Tree protection.
(a) Tree protection during construction. Trees shall be protected during construction
activity as determined by the bt+ldiigdepartment through the use of protective
barriers in accordance with the landscape manual. Trees that are to remain shall be
clearly identified with tags. A protected aFea with a radius of t8R feet hall be
FRaiRtaiRed around tFees to remain iR a6eerdanGe with the 18R&Gape manual, uRless
apffr~ee€l- Tree Protection Barriers shall be maintained around the Trees in
accordance with the Tree protection plan approved by the Department.
Prior to and Qduring demolition, andiar development, or construction, including installation of
irrigation systems or any other underground installations, protective barriers shall be placed
around the perimeter of each Tree's TPZ eaGh tFee and shall remain in place in order to
prevent the destruction or damaging of roots, stems or crowns of such trees. The barriers
shall remain in place and intact until approved landscape operations begin; however, barriers
may be removed temporarily to accommodate construction needs, provided that the manner
and purpose for such temporary removal will not harm the trees. The trees shall be properly
irrigated throughout the building process. Trees damaged during construction shall be subject
to the provisions of section 17-9.
(b)Ra Other Tree requirements. Property owners shall protect the Trees designated for
reservation in the approved Tree Permit from chemical poisoning,excavation rade changes,
and any other potential Tree Abuse to at least the following minimum standards:
1. Utility line trenches. Utility line trenches and/or directional borings shall be routed
away from the Trees to an area outside the TPZ to the maximum extent possible
2. Parking on site during construction or development activities. No parking, vehicle
maintenance storage of construction materials or debris or cleanin of equipment shall
take lace within areas marked for Preservationspecifically including,but not limited to
within the TPZ of any individual Trees or cluster of Trees.
Sec. 17-8. - Appeals, appellate fees.
(a) Appeals to the historic and environmental preservation board ("HEPB"). The property
owner, the applicant, or any aggrieved party having standing under state law, may appeal
to the HEPB any decision of the department on matters relating to applications for tree
removal permits, except for tree Femoval permits granted to the departments of public
works or capital improvements program, by filing a written notice of appeal to the
preservation officer, as established in sestien 62 19rChapter 23 of the Cify Code, within
ten f 1 Qhcalendar days after the date of the intended decision. The notice of appeal shall
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include the decision appealed from and the reasons or grounds for the appeal. HEPB shall
hear and consider all facts material to the appeal. HEPB may affirm, modify or reverse the
decision of the department.
All appeals to the HEPB in accordance with this e8stiGR Article shall be accompanied by a fee
of $315.00: r,,.
1 ueyeF ^^ feeS Shall be ^ �' �except for appeals initiated by aR eWReF-G
abutting property owners, as defined in the
Miami 21 Code, for which a tree Femovat permit is sought;,,, innludiRg nr„narties IGGated aGFOSc
a -street 9F alley the "ie6t PFepert ^AQoeals by a nonprofit corporation dedicated to
conservation and protection of the natural and physical environment, or appeals by a
homeowners association; as defined by €-S—eh. Chapter 720, Florida Statutes, as amended,
which has one member who owns property within five hundred feet f 5001fee-of the
subject property shall pay a reduced appeal fee of $157.50,
(b) Appeals to the city commission. The property owner, the applicant, the department, or any
aggrieved party having standing under state law, may appeal to the city commission any
decision of the "st^.i^ and enyi,-.,.,rR81Ital p eFvatian board HEPB on matters relating to
applications for tree Femoval permits by filing a written notice of appeal with the department of
hearing boards within fifteen 151 calendar days after the date of the decision. The property
owner, the applicant, or any aggrieved party having standing under state law may appeal to
the city commission any decision by the Department on matters relating to Tree Permit
applications for the departments of public works or capital
improvements Program or to their contractors, by filing a written notice of appeal with the
department of hearing boards, within fifteen 151 calendar -days after the date of issuanGe the
mit intended decision. The notice of appeal shall include the decision appealed from and
the reasons or grounds for the appeal. The city commission shall conduct a hearing de novo
as a body of original jurisdiction, upon any appeal and/or review from an appealable decision
under the terms of this ordinance, as amended. New evidence or materials may be received
by the city commission where such evidence or materials are pertinent to a determination of
the appeal. The city commission may hear the testimony of witnesses and/or any other
evidence offered by any person aggrieved or by any officer, board or agency of the city
affected thereby or by any interested party raving 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 Dear and consider all facts material to the
appeal and may affirm, modify or reverse, in whole or in part, with or without conditions,
HEPB's decision, or may grant or deny the appeal of the tree removal permit issued to the
departments of public works and capital improvements.
All appeals to the city commission in accordance with this section shall be accompanied by a
fee of $500.90525.00, plus $34.50 per mailed notice to the adjacent owners within a five
hundred 500)_ -foot radius. A certified list of said adjacent owners shall be provided with all
appeals. However, no fees shall be assessed for appeals initiated by an owner of propert .
V.0high abuts --the subjest pFape4y abuttin ro ert owners as defined by the Miami 21 Code
for which a tree removal permit is sought.,
frGm the s bjeGt property ^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. Gh—Ch_apter 720, Florida Statutes, as amended, which has one
,{11 member who owns property within five hundred feet X500)_feetof the subject property
shall pay a reduced aweal fee of $262.50.
The decision of the city commission shall constitute final administrative review, and no petition
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for rehearing or reconsideration, shall be considered by the city. Appeals from decisions of the
city commission may be made to the courts as provided by the Florida Rules of Appellate
Procedure.
(c) Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and
place of the public hearing shall be mailed at least ten 10 calendar days in advance of the
hearing to the owner of the subject property and the owners of the adjacent properties. At
least ten (10)calendar days in advance of the hearing, a sign, in compliance with the
provisions of s419-sSection 67-�, : 62-19 of the City Code, shall be posted on the subject
property.
(d) No tree removal permitted during an appeal. Upon timely submission of an appeal made
pursuant to the requirements of this section, new construction and removal of any trees
which could be affected by the subject appeal is prohibited, pending final disposition of the
appeal. A violation of this subsection will automatically result in an additional five hundred
dollars $500.00} fine payable to the city's tree trust fund for each separate violation of this
section.
Sec. 17-9. - Enforcement.
(a) Jurisdiction. T4:ve ,�o� Code Compliance shall have jurisdiction for the proper and
effective enforcement of this article, under chapter 2, article X entitled code enforcement. T#e
Code Compliance shall have the right to inspect subject properties in accordance
with the approved tree rernava4 permit and the provisions of this article. The Department shall
work with Code Compliance to ensure effective enforcement of this Article. Upon notification
by Cade 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 a ment of all fines.
(b) Individual enforcement. Each tree removed, relocated or illegally pruned without a tree
Femeyarpermit shall constitute a separate and distinct violation and shall be the subject of
individual enforcement.
Sec. 17-10. - Penalties, remedies cumulative.
(a) Fine. Any PeFSOR, OF ageRt thBFeef,
Shall be fiRed UP W $4,000-00 PeF daY PG� ViGlatiOR fOF a fiFSt ViOlMiGn, and Shall be fined -up
414-4.An_y property that violates this Article shall be subject to the following penalties:
1. Non -Homestead Properties. For every Tree that has been the subject of Tree
Activity without a Tree Permit or the subject of Tree Abuse a fine of one
thousand dollars ($1,000.00) per Tree shall be imposed.
2. Homestead Properties. For every Tree that has been the subject of Tree Activity
without a Tree Permit or the subject of Tree Abuse, a fine of five hundred dollars
500.007 per Tree shall be imposed.
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3. Said fines are appealable to the Code Enforcement Board pursuant to Chapter
2, Article X of the City Code.
4. Any property that has had a previous fine for a violation of this Article within the
past five (5) years may receive a fine as stated in this Section and shall also be
automatically referred to the Code Enforcement Board pursuant to Chapter 2,
Article X of the City Code and submect to enhanced penalties of five thousand
dollars ($5,000.00) per day per violation pursuant to Section 162.09. Florida
Statutes
5. Nothing in this Article shall prohibit the City from enforcingthis Article b an
other means. The enforcement procedures outlined herein are cumulative to all
others and shall not be deemed to be prereq uisites to filing suit for the
enforcement of any Section of this Article.
(b) Tree replacement required. The planting of replacement trees shall be required, in
addition to the monetary fines assessed pursuant to this article. The number of trees
required as replacement for each tree that was removed without a permit is provided in
chart 17.10.2.1, the tree replacement chart, for trees removed without a permit, below. If the
total number of trees required as replacement trees cannot be reasonably planted on the
subject property, the applicant may contribute to the city's tree trust fund in the amount
provided in chart 17.10.2.1.
Chart 17.10.2.1.
Tree Replacement Chart for Trees Removed Without a Permit
Diameter
(DBH of
each tree
removed
without a
permit
N ,. beF of r .,laeemo„+
trees required(2"
rrrin+mum eas;; 42'
minimum hem ##Total
number of Replacement
Trees required (where
each Replacement Tree is
a minimum of 2" DBH x 6'
spread in Canopy x 12' in
hei ht
OR
N ,., beF „+ . plaGeM eR
+rtaas n^usFal ^' nPu
minimum eacGh: 16'
minim6im height Total
number of Replacement
Trees required (where
each Rel2lacement Tree is
OR
Contribution into
Tree Trust Fund
a minimum of 4" DBH x 8'
spread in Canopy Win
height)
2'"-31'
2
or
1
or
$4-2,000.00
4"-6"
4
or
12
or
$24,000.00
7"-12"
8
or
14
or
$48,000.00
13"-18"
12
or 16
or
$612,000.00
19"-24"
16
or 18
or
$916,000.00
25"-30"
20
or
10
or
$420,000,00
31"-3611
24
or
12
or
$4-2-24,000.00
371-42"
28
or
14
or
$4-428,000.00
43"-481'
32
or
16
or
$4-X32,000.00
49"-601'
40
or
20
or$840,000.00
If the sum of the diameter of trees to be removed exceeds a total of sixty 64 inches {60"), the
additional inches shall be added cumulatively from the top of the chart, clown to the bottom of
the chart, to calculate the number of trees required as replacement trees. if the exact DBH
cannot be determined for Trees removed without a permit, established industry practices shall
City of Miami Page 21 of 23 File ID: 1399 (Revision: C) Printed on: 513112017
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
File ID: 1399 Enactment Number: 13670
be used to determine an estimated DBH, as approved by the Department.
c High -Risk Trees, Trees that are High -Risk Trees as a result of Tree Abuse are subject to
the Replacement Tree requirements of Section 17-10(b) of the City Code. Hi h -Risk Trees that
result from any other reason are not subject to Replacement Trees.
(sgl) Tree viability after project completion. If the department determines that any tree is not
viable, alive and growing one year after all associated deyelepme t tree activity on the
property is completed, the department shall require that said tree be replaced with the same
tree species and size which was originally planted or relocated, as per the approved tree
removal permit.
(de) Withholding of a new building permit. Ti's Femoval^{ ^Any tree Activity in violation of
this article shall constitute grounds for withholding new building permits directly related to
said tree RI Activity until the violation has been corrected, including payment of all
fines and planting of all required replacement trees as pursuant to this section.
Alternatively, in order to obtain the new building permit, the person in violation may post a
payment and performance bond pursuant to F.S. §Section 255.05 Florida Statutes as
amended, naming the city as obligee. The bond shall be in the amount of ten percent (10%)
of the construction cost or ten percent1r 0%) of the appraised value of the property, if no
construction exists. The bond will remain in place until the violation has been corrected,
pursuant to this section. In the event a bond is not feasible, the city may accept an
irrevocable, unconditional letter of credit, in the previously stated percentages, naming the
city as payee.
(4ef) Withholding of a certificate of occupancy. The department shall not approve the zoning
inspection required for a temporary or final certificate of occupancy until all Tree Permits
have been finalized and violations of this article have been corrected, including the payment
of all fines and the planting of all replacement trees required as mitigation, pursuant to this
section.
(fg) Remedies cumulative. The remedies provided in this section shall be cumulative to all
remedies provided by law and/or equity, and the election of one shall not preclude the
other,
(gh) Costs and fees. In the event the city institutes any civil action to enforce the provisions
of this article in a court of competent jurisdiction, if the city succeeds as prevailing party, it
shall be entitled to recover the fines assessed pursuant to the violation(s), the cost of
replacement trees required as mitigation, the costs associated with the investigation and
prosecution including reasonable attorney fees, and any equitable and/or legal remedies
assigned by the court.
Sec. 17-11. - Exemptions.
The following are exempt from the provisions of this article:
(1) Any tree growing in a botanical garden, or a licensed plant or tree nursery business.
(2) When the city manager or designee determines, in writing, that tree Fernoval permitting
requirements will impede private or public work to restore city order after a declared state of
emergency by the city commission.
City of Miami Page 22 of 23 File !D: 1399 (Revision; C) Printed on. 513112017
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
File ID: 1399 1
END OF THIS DOCUMENT.
Enactment Number. 13670
(3) The immediate removal of any tree dLIFinn OF f.vl'cnn ,n error eney or aR aGt of nate tro
OF a that presents a life safety issue, by demonstrating to the city, following the review and
recommendation of the department, which may require photographic proof revised and/or
other supporting documentation, to help determine the condition of the tree prior to items
removal vvhis#=_.
a. Creates a lifesafety issue;,
b. PFevents a per -Sep from the use t of the
,
(4) Nothing in this article shall be construed to prevent the pruning or trimming of trees
where necessary for proper landscape maintenance and safety, provided that the pruning
or trimming of trees is done in accordance with ANSI A-300 Tree Care Standards and the
guidelines illustrated in the landscape manual.
Secs. 17-12-17-25. reserved.
Section 3. if any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
t
ia ndez
r ,, ity Attor ey 1!312447
z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 23 of 23 Fife ID: 1399 (Revision: Cf Printed on: 5139/2097
File Number: 1399
SUBSTITUTED
Final Action Ate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING C/FECTIVE
OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN
"ENVIRONMENTAL PRESERVATION", TO CLARIFY PROCEDURE
TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR A
DATE.
WHEREAS, on May 13, 2010, the City Commission adopted Or ante No. 13174 in
order to promote Tree protection and environmental preservation and ddress the stewardship
of the living features in the City of Miami, Florida ("City"), which incl es its topographic,
geological and landscape features; and
WHEREAS, on June 23, 2011, the City Commissionopted Ordinance No. 13274 to
address foliage and root pruning of Trees in the City; and
WHEREAS, these regulations concern architec al, aesthetic, environmental, cultural,
and historic concerns within the City; and
WHEREAS, the protection of the Treecar}bpy and environmental features within the City
is of paramount importance; and l
WHEREAS, the current iteration ofYhapter 17 of the Code of the City of Miami, Florida
("City Code"), as written, is curr bersome fib interpret and lacks clarity in certain portions thereof;
NOW, THEREFORE, BE IT CDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA: /
Section 1. The recitals nd findings contained in the Preamble to this Ordinance are
adopted by reference and in rporated as if fully set forth in this Section.
Section 2. Chap r 17 of the City Code, entitled "Environmental Preservation" is
amended in the followi particulars:'
"ARTICLE I.
TREE PROTECTION IN GENERAL
Sec. 17-1,/I'ntent and purpose.
The i9fent of this article is to protect, preserve and restore the tree canopy within the City of
Mia i ("city") by regulating the removal, relocation, pruning, planting and trimming of trees -
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall he added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
City of Miami
* licit? lilm ..'
R� I
Legislation
Ordinance
File Number: 1399
SUBSTITUTED
Final Action Ate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING C/FECTIVE
OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN
"ENVIRONMENTAL PRESERVATION", TO CLARIFY PROCEDURE
TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR A
DATE.
WHEREAS, on May 13, 2010, the City Commission adopted Or ante No. 13174 in
order to promote Tree protection and environmental preservation and ddress the stewardship
of the living features in the City of Miami, Florida ("City"), which incl es its topographic,
geological and landscape features; and
WHEREAS, on June 23, 2011, the City Commissionopted Ordinance No. 13274 to
address foliage and root pruning of Trees in the City; and
WHEREAS, these regulations concern architec al, aesthetic, environmental, cultural,
and historic concerns within the City; and
WHEREAS, the protection of the Treecar}bpy and environmental features within the City
is of paramount importance; and l
WHEREAS, the current iteration ofYhapter 17 of the Code of the City of Miami, Florida
("City Code"), as written, is curr bersome fib interpret and lacks clarity in certain portions thereof;
NOW, THEREFORE, BE IT CDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA: /
Section 1. The recitals nd findings contained in the Preamble to this Ordinance are
adopted by reference and in rporated as if fully set forth in this Section.
Section 2. Chap r 17 of the City Code, entitled "Environmental Preservation" is
amended in the followi particulars:'
"ARTICLE I.
TREE PROTECTION IN GENERAL
Sec. 17-1,/I'ntent and purpose.
The i9fent of this article is to protect, preserve and restore the tree canopy within the City of
Mia i ("city") by regulating the removal, relocation, pruning, planting and trimming of trees -
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall he added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
SUBSTITUTED
The purpose of this article is to assure that the design and construction of all development
activity is executed in a manner consistent with the preservation of existing trees to the
greatest extent possible.
Sec.. 17-2, Definitions.
For the purposes of this article, the following words and phrases shall have the meaning
respectively ascribed to them by this section=. Definitions for industryterms are based o the
American National Standards Institute A-300 Standards for Tree Care Operations - Tr4. Shrub
and other Woody Plant Mana gement - Standard Pr
Parts): International Society of Arboriculture Glossa
edition): and University of Florida Institute of Foodc
Forest Terminology for Multiple -Use Management_
of Arboricu#tural Terms mos recent
d Acricultura! Science Bull n SS -FGR -11
American National Standards Institute A-300 Tree Care Standards ManL
Standards"}_4s-aA tree manual which establishes performance stands
maintenance of trees, shrubs, and other woody plants. These are theAd
d
Arboriculture or Urban Forestry used by the industry and manv cloveAna
minimum standards of ractice for care and maintenance of Trees hrub=
Tants. These are the generalIV accepted industry standards for ee care
the Tree Care Industry Association (TCIA) to develop consens s performt
Trees, shrubs, and other woody plants.
("ANSI A-300
for the care and
;try standards for
and other woody
)ractices written b�
Applicant: A person who is the owner, authorized agen f the owner, or lessee of a property
under a written lease authorized to apply for a buildi Tree permit.
Arboriculture: The cultiv,
of woodv plants. especially Trees.
ring of braakhes and Stems outside
Buildable area: The portion of thsite exclusive of the required yard areas as defined by the
zoning ordinance of the city an its successors.
;ambium: A thin layer of cVs under the Bark of Trees that produces growth of new tissue.
Canopy: The collectiv ranches and foliage of a Crown of a Tree or group of Tree Crowns
usually represented A Canopy diameter measured across the Canopv from Drip Line to Drip
Line at an avers
e: The aerial extent of
area.
of the Tree, usual]
Certifica of approval: A written document permitting tree removal or development activity
/(2)Special
ithiose areas identified and established as environmental preservation districts or scenic
rtation corridors.
Standard certificate of approval. A written document issued by the preservation
or tree permits located within an environmental preservation district.
certificate of approval. A written document issued by the historic and
environmental preservation board ("HEPB") where the board must decide if a major
addition, removal or alteration of trees meets the requirements of this article. This certificate
will be considered by HEPB in accordance with the procedures for a special certificate of
SUBSTITUTED
appropriateness in subsection 23 5(4 ) 23-6.2, as amended.
Certified Arborist* Also known as a ISA Certified Arborist. A person who has successfully
completed the testinQ program administered bv the International Society of Arboriculture ISA
to be an ISA Certified Arborist with a current valid Certification Number. This person must be
trained and knowledgeable in all aspects of Arboriculture as relevant to the conditions of Tre ,
within the City.
Certified Arborist Report: A report issued by a Certified Arborist that. at a minimum shol contain
data for each existing Tree in the applicable Tree Boundary Survey as follows: s eci . DBH as
defined herein- height: Canopy spread, health condition,- o inions regarding curre condition:
recommended Tree Activity,if any-, and color photographs of Trees which shall ict sufficient
detail to support the opinion of the Certified Arborist.
Code Compliance: The departme
described in Chapter 2, Article X.
sponsible for the enforcement of i
Code enforcement board: The code enforcement board of the city appointed pursuant to
chapter 2, article X. For purposes of this article, "code enforcem t board" shall be
synonymous with and have all powers of the special master. T terms may be used
interchangeably.
Construction. See Development activity.
Controlled tree species: These Ttree species listed ihe most recent edition of the 0
-
Dade r-.,unty Landscape Manual which can beconjA invasive in teAd to beGG.
b8GaUSLa of them; ability to iRVad8 pFe*4ra� native./ant communities or native ha'Ntatc but
wh,,,�f when not located n, and cultivatedpr erly, may be USeNl OF f� RGti Rol @c 691R -MR -A
of as part of a managed landscape design.
Critical Root Zone: Also known as a CRZ he CRZ is as large or larcier than the minimum
recommended Root area for a Tree as Vated in the ANSI A-300 Standards for trans lantin
Trees. usually measured and oresent as Root ball diameter.
Crown E)F GaRGP : The
b Fa RGhes aRGI fnliage
branches and foliage.
n individual Tree above the main Stem. cc
Crown Cover: The percerZage of a given area that is c
Crowns of Trees.
n of the
Diameter at Breast ei h# ("DBH"): The diameter at breast height of a Tree trunk measured at
4-5-- and one half /2 feet above ground level surface grade or soil grade). In the case of
multi -stemmed rees the DBH is a calculation of the sum of the DBH of each trunk measured
at 4.5 feet ab e around level.
Dead tre ° freo_,rh;rRG has n vital functions. A Tree which is not active[transporting water
and nu eats from Roots to leaves, and is exhibiting symptoms such as decay, brittleness, ro
ion. substantial
la
ns of substantial
lDepartment: The department of GGde eRf9FGemonF GF that rler.artr.,9R4Q_ff OR ..hir.h the GGG1 9
0ASPer+nrc as definorl in Ghapter 7 aft;Gle X aFe loGat d Planning and Zoning, which is
responsible for review and issuance of Tree permits.
SUBSTITUTED
Development activity: The carrying out of any building construction that requires issuance of a
permit by the City, including without limitation building construction, additions (including but
not limited to additions of carports, pools, decks, fences, driveways, and narking lots),
modifications,, demolition, or making any material alteration to the use or exterior
appearance of any structure or 10
Drip line: An imaginar.. v ,lural liar+ runninn ffnm the r.uf.-.FFR t he
+roe bFaFlGhes and extends Rg to the gF9 IRR The area defined by tt
of a Tree's branches where water drips from and onto the ground.
ce
Environmental preservation districts: Geographical areas, parcels or corri rs, which have
been or may be identified, are established by the city commission as si ificant natural or
manmade attributes in need of preservation and control because of t er educational,
economic, ecological and environmental importance to the welfare 7 the general public and
the city as a whole. The city's environmental preservation district re designated in an atlas
kept on file with the department of planning.
Environmentally significant feature: Natural or manmade a acts, sites or features which
possess attributes in need of preservation and control be use of their economic, educational
or environmental importance to the welfare of the gener public and the city as a whole.
Environmentally significant features include all trees i hin the city and specifically designated
natural, topographical or geological formations, ma rove areas, natural hammocks, unique
scenic vistas or transportation corridors and rare d valuable plant material.
Exotic tree species: A plant species aintroduced from another country or
-geographic et#e-F region&, outside its natura ne and which may become naturalized or
invasive,i not native or indigenous to a
region.
Fatally diseased tree: A tree
that has been identified with a disease that is not
curable by known indus, Andard pest control treatments or has visible damage from a
disease and may includVsecondary stresses related to a disease. A Fatally Diseased Tree ma,
be considered a Hi h- Osk Tree.
Florida Grades an Standards:
grown, sold and r used in land
standards for determining the quality of nursery stock
Standards for ursery Plants as published
of Agricultur and Consumer Services,
Girdli
9'nd Cambium around all or r
vascular system within a
re based on the Grades and
rtment
Tree Abuse in the form of
nutrients, usually accomplished by rem
rcumference of a Tree branch or Stem.
Grade: The ground level of a subject property measuring the degree of rice nr r7orront of a
slnninn s 4aGG
SUBSTITUTED
Hatracking (t9PPiRg): The of tree sia- -a ng inter nodal i;uts without regaFd to t
health OF . Also known as Topping. A form of Tree Abuse in the form of the
reduction of Tree size using heading cuts that shorten limbs or branches back to a
redetermined Crown limit- Hatracking involves indiscriminate cutting back of branches betweE
nodes.
- - - - - - -- , - �- - .-..,. ............,, .. _._ . _... _ ... ... /exist.
High-Risk Trees: A Tree that is in a location where risks to persons or orooert includin
Trees that have an identifiable part or parts with a high potential for failin.
to strike a foreseeable target resulting in significant consequences within
The determination of whether a Tree is a Hioh-Risk Tree shall be made t
assessing the supporting risks.
Homestead Pro p ert A property that receives a homestead exe
by the Miami -Dade County Property Appraiser's Office. This exE
applicable.
erson or persons livi
othort time -frame.
the Department u
kion as determined and listed
exemption as determined and listed by the Miami-DadeZounty Property Appraiser's Office.
This exemption must be current to be applicable.
Internode/Internodal: The region of a Tree's Stemetween two 2 successive nodes: length of
a branch or Stem growing between the Nodes,
Landscape manual: The Miami -Dade Coi Landscape Manual, latest edition, which is the
official landscape manual issued by Mia -Dade County, Florida, and incorporated herein by
reference. The landscape manual, as ended from time to time, is adopted by reference by
the city and deemed incorporated by Terence as if set forth herein. If a conflict arises
between the landscape manual an his article, the latter shall prevail.
Lion's Tailing: A form of Tree A se in which the removal of an excessive number of inner
lateral branches from.parent Vanches results in a Tree having the maiority of foliaae in the
r
Main Stem or Main Tr The 2ortion of a Tree between ground level and the point of division
into major branches.
Native tree sped de�^+
An indi enous s pecies that is normal)
s art of an ecosystem. A species present in a defined area or region of the United
for to Euro pean settlement.
NoA: Slightly enlarged portion of a_Stem where leaves and buds arise.
Owner: Any person, entity, corporation, partnership, trust, holding company, limited liability
company or any other legally recognized entity that is the legal, beneficial, or equitable owner
of any interest whatsoever in the property. Owner shall include any purchaser, assignee,
successor, or transferee of any interest whatsoever in the property regarding any provisions of
SUBSTITUTED
this article
Palm or Palm Tree): Monocotyledonous plant of the Palmacea family. A type of Tree that is an
un -branched evergreen Tree of tropical and warm regions, with a Crown of very long feathered
or fan -shaped leaves and typically having old leaf scars forming a regular pattern on the Trunk/
Person: As per the definition set forth in section 1-2.
Prohibited tree species:
wild;ife
those deem ,Rated OR tha neiarr.; Clardy. r'OURty A species of Tree listed as a prohibi d species in
the current edition of the Landscape Manual as well as
Weeping Fig Trees (Ficus beniamina).
Public Right -of -Way: See right-of-way as defined in SS
Registered Landscape Architect. A_Person who h/ds
Onion 55-1 of the c
architecture in Florida as authorized by Chanter 81 of Flo
Replacement OF
Fep!aGeFn ^* trees:
this ar4iGl_eAlso known as Mitigation T
for Trees being removed from a propi
hoot: i ne part of a
absorbs and conduc
Root pruning:
lateral
in diameter or
system. Root
permit. /
tmvt-kb� NY -
Trees that are
ractice lands
sed to be u
II nder round, that anchors the 1
nutrients to all parts of the Tree.
roe h the process of re -cul
v 1 tearing and splintering of
Ater and/or the removal of m{
ning of more than ten percent
M
A
- The cutting of Roots to limit their
behind the line of a planned
Roots, any removal of Roots one inch
than ten percent (10%) of a Tree's Root
%I of a Tree's Root system requires a tree
Sc is transportation corridor: Those roadways identified by the state or by the city
mmission resolution as having a unique landscape, an expansive tree canopy and/or
Orunique landscape features that is of substantial environmental or scenic importance to
residents and visitors.
Shrub: A woody -perennial plant separated from a Tree by its lower mature height(generally
SUBSTITUTED
under 20 feet), and showing the lack of a well-defined main Trunk. often multi -stemmed.
Site plan: A comprehensive plan drawn to scale indicating site elevations, roadways and
location of all relevant site improvements including structures, parking, other paved areas,
ingress and egress drives, landscaped open space and signage.
Sound nursery practices: The practices or procedures of landscape nurseryies that mee r
exceed the Florida Grades and Standards
stats department of anrin„Iture and ron ismer e.-.ir•ec
......., w..�................. wy, ....,........ v ..., .., ......,,ter, �..,--��.
Special master: The person(s) appointed pursuant to chapter 2, article X. For pu oses of this
article, the special master shall be synonymous with and have all powers ofth code
enforcement board. The terms may be used interchangeably.
Spiking: The insertion WhetheF eOiGally ca haiT`nnfnlhy of foreinn Gf'
. A form of T
the hammerinq or affixing of metal or other material into a Tree to ha
commercial value, or any damage to the Trunk of a Tree caused bvT
Spread: The average diameter of the crown. The average c
Crown as measured across the Canopy in at least two 2 di
of farthest reaching branches.
Specimen tree: Armee
r{i;4m etor of tho n ks !
avnl. irJes the fnlln.a.inn•
Abuse in which there is
e of climbino spikes
:er of the Tree Canopy or
ns from Drio Line to Drin
%—.IZN °�lLtrees ice, the palm fa€4y
A Tree that is equal to ❑r lar er tha 8 inches f313H. Trees that do not qualifyas Specimen
Trees are Palms non-native Ficu Pecies, or any non-native fruit Tree cultivated as a arove
Tree for commercial production A fruit,
If
s Ar wood st
branches develop.
Tree. TA nv seilrfr sG
.A
,00dy Peren ' I pfant, including Palms usually having only one 1 dominant Trunk and as well
efined Ste or Stems car in a more or less definite Crown usually having
a mature height
reater thit 16 feet. A Tree regulated under this Chapter must have a minimum size of 12 feet
ht with a DBH of two (2) inches or larger. A Palm regulated under #
mum height of 16 feet overall with a DBH of six 6 inches or larger
GOrnpaGtOOR, eXGaVatiOP, GhemiGal appliGatigRiSpillage or change to the natural grade;
(2) HatFaGkipgi,
SUBSTITUTED
Action that damages a Tree and/or arts of a Tree. Generaily, any Tree activity beyond or
against those described in the ANSI A-300 Standards. Exam les of Tree Abuse include Zt are
not limited to: Hatrackin Spiking. Lions Tailing,Tree Removal without apermit), ru more
than 25% of a Tree Canopy in one JILgrunin operation, Root Pruning that destabilia6s a Tree
Girdling,damaging and/or removing sections of Bark and damaging and/or removzq sections
of Cambium.
� that will affect a Tree on E
)runing more than 25% and Root Pruning more than 10% or trim
1 ] inch in diameter.
Tree Boundary Survey: A survey such as a topographic su
and corners of a parcel of land and also locates natural fea
well as man-made features such as buildings. fences. imnY
surveyor.
Boundary Su
)ermit which is required for a
Tree Protection Barriers: Barriers. fences, c
provide protection during construction on a,
Tree Protection Specifications and Tree P
Manual and ANSI A-300 Standards.
Tree Protection Bond: A monetary nd that guarantees specific Trees be
be harmed by the construction Dr ect and. if harmed. the Darty will reimbr
shat
rricades that are placed around existinq Trees to
ect property. Examples are contained in the
ion Details as described in the Landscaoe
Tree Protection Zone (TP
Tree to ❑rotect Roots and
are prohibited or rest
ove bran
cted and will not
`tified Arborist surrounding the Trunk of a
til within at least the Critical Root Zone (CRZ) area.
�alth and stability. The TPZ is an area within which
�s eciall uring construction or development activi
Tree Trimming. The selective
)ranches from a Tree's Crown.
Tree removal: The act of cutting down, destroying, moving, relocating, or effectively
destroying through damaging, any tree situated on any real property or public property within
the city.
SUBSTITUTED
Tree Value: The appraised monetary value for a Tree as calculated by an ISA Certified Arbo
who is specially trained and experienced as a Tree and Landscape Appraiser. Appraisals sh
utilize the Trunk Formula Method within the replacement cost approach of valuationVasdescribed in the most recent edition of the Guide for Plant Appraisal published by thinternational Societ of Arboriculture. Tree Value ma be used to determine reasonmitigation requirements for Specimen Trees removed without a permit and/or Speci
effectively destroyed durin(
on site that are subsequen
cludina Trees oermitted to be oreserved/or remain
replacement Tree table for mitigation requirements for
removal as approved by the -Department.
Trunk: The main or central stem of a Tree.
Viaor: The caoacity of a Tree to
nay t)e used as an alter 4tive to tr
)ecimen Trees being Dgrmitted for
stress: growinffin a healthv condition.
Sec. 17-3. - Applicability.
awl The provisions of this article shall apply to a/quire
or private property within the city,
unless expressly exempted by law.
(b) All Trees Activity as defined in this Chaptera Tree Permit as described hereir
cj2hAny tree removal on a public right-of-way r on property owned by the city shall require
a permit from the public works departm t, unless it is deemed in writing by the P
Director of the
Department or his/her designee tha uch permit will be an undue burden for the city
and is not in the best interest of t public health, safety and welfare of the city.
LdLAll trees located within environ ntal preservation districts shall also be subject to the
requirements of article 2 of thi chapter.
All trees located within tural forest communities shall also be subject to the
requirements of articl of chapter 24 of the Miami -Dade County Code, as amended.
{�AII mangrove trees d any tree located upon land which is wetlands as defined in €-�:
373.019, Fla. St _ as amended from time to time, shall also be subject to the
permitting requir ments of article 2 of chapter 24 of the Miami. -Dade County Code, as
amended.
Sec. 17-4. - Tree A- permit A applications, requirements, review, and
fees.
(a) Permit, en required.
(1) No pe on, agent or representative thereof, directly or indirectly shall ,.am Gf
engage in Tree Activity on any property described in section 17-3
witho first obtaining a tree re permit and unless exempted by section 17-11.
n®P� A Tree Permit is required for Tree Pruning of more than twenty-five percent (:2511
PeFG9Rt of the canopy, crown, or living foliage of a tree or other pruning not in accordance
with the ANSI A-300 Standards shall be allowed upon presentation of a letter to the city, to
ESUBSTITUTED
be validated by a certified arborist, with justification as to why the ANSI A-300 Standards
are not applicable.
(3) Pruning of the canopy, crown or living foliage of a tree, in strict accordance with ANSI A-
300 Standards shall be allowed without a permit. A certified arborist letter or other
documentation may be required.
(4) Any removal of roots one inch in diameter or greater and/or the removal of more th
ten percent 1� U°/o) of a tree's root system shall require a tree pruning permit. No root
pruning shall be allowed beyond the aforementioned limits anywhere in the city wit ut a
tree pruning permit except for the pruning of roots when essential for any repairs r
improvements performed by or for the department of public works or capital im ovements.
(5) No building permit for any work that has the potential to affect trees, inc ding new
construction, additions, carports, pools, decks, fences, driveways, parkin ots, tennis
courts, demolition, or similar work, shall be issued by the building depa ent unless the
zoning department has determined that a tree r, l permit or r
e uning permit is not
required or that a valid tree reval permit or tree pruning permit issued in
accordance with this article.
(b) Application requirements. AppliGations shall be madG TheZroperty owner or authorize
agent shall submit a Tree Permit application to the DepartrrZnt on the Department's Tree
Permit agglication farm
and aRy appliGable fee4
those supporting docurr
description and informa'
construction and work s
(c)(4-)
nts and plans as required
In to verifv the intended T.
ications in
with a Tree Permit application sh
including but not limi
following:
,h tppp.
Tree Permit aoolication shall include
e adequate
Activity, site con
Tree Permit.
Plan requirements. Plans submitted
owino:
s. Plans f9f a Tree Permit in con
itions, pools and decks shall include the
ction
a. A tree Boundary su ey, drawn to scale, identifying the tree species, location, and
listing the height/andr
read and diameter of all existing trees. The tree Boundary
survey shte the location of all existing structures, the location of any
overhead nderground utilities and theright-of-way limits, edges of
pavementg all trees within the right-of-way. This survey shall be prepared
by a profeand surveyor, licensed in the state.
b. a A tree
dispos' on plan drawn to scale identifying and listing all existing trees and specifying
the ndition of each tree the Tree Protection Zone_(TPZ) radius and whether said
tr s are to remain, to be removed and/or to be relocated. The tree disposition plan
all also contain the value of specimen trees that are listed to remain and/or to be
relocated, The valuation of trees shall be appraised using the Council of Tree and
Landscape Appraisers Guide for Plant Appraisal, latest edition. The tree disposition
plan shall superimpose all proposed new construction, a4;4 the new locations of
existing trees to be relocated on site over the tree survey plan information-, and an
accurate depiction of the Critical Root Zone CRZ and Canopy of the Trees to
remain and/or be relocated. For applications involving the construction of a new
buildings), the tree disposition plan shall be prepared by and bear the seal of a
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landscape architect currently licensed in the state, or by persons authorized by t=-�
G#- Chapter 481, Fla. Stat., as amended, to prepare landscape plans or drawings.
c. A Tree Protection plan depicting all Trees to remain and/or be relocated on site with a
depiction of the Tree's Tree Protection Zone (TPZ) and accurate Canooy, as determir
by an ISA Certified Arborist.
d. When applicable, an assessment on all existing Trees with Tree specifications. Fo/nnce Trees and/or Palms proposed for relocation, Tree relocation specifications in actor
with ANSI A300 Standards shall be provided to the Department. Additional inforrv6tio
such as the Tree Protection Zone (TPa Critical Root Zone CRZ Tree protecp6n
and/or Tree Pruning recommendations may be required for Trees to remain d/or be
relocated. The assessment shall be Prepared by an ISA Certified Arborist.
(2) Single family or duplex properties. AppliGations for tree remeuzoaPlans for/Tree Permit
in conjunction with single family GF two family 141A -V; - gs (homeste prope'l-A-N o
&4a4 new construction including but not limited to demolition additions Dais and decks
shall include the following:
a. A site plan drawn to scale, or existing property surveypre red by the owner or the
owner's representative, identifying the location of the tre , tl a species and fisting the
height, spread and diameter of all existing trees. Said to plan may be limited to the
immediate area of the proposed work.
b. A
tree disposition plan drawn to scal/aedd b he owner or the owner's
representative, or such plan incorto n existing property survey, listing all
existing trees and specifying the cach tree and whether said trees are to
remain, to be removed and/or to bd. This plan shall also illustrate the
location of all existing structures aroposed new construction, the location
of any overhead and/or undergrouand the new locations of existing trees
to be relocated on site.
When a licable an assessment oin Trees with Trees ecifications. For
Trees and/or Palms proposed for elocation Tree relocationspecifications in accordance
with ANSI A300 Standards sha/be provided to the Department. Additional information
Tree Protection 7,6ne
and/or Tree Pruning_rece
relocated. The assessm
cal Root Zone
CRZ). Tree protection
endations maybe required for Trees to
;hall be prepared by an ISA Certified A;
(3) Plans for a Tree Permit LArelated to construction shall be drawn to scale using a site
plan or existing property sjfrvey Prepared by the owner or owner's authorized
representative.
All applications Kall have a tree replacement plan/landscape plan drawn to scale that
illustrates all prop ed new construction, new locations of relocated trees, and new
replacement tre locations that complies with the requirements of section 17-6 entitled "Tree
replacement." or applications involving the construction of a new building(s), the tree
replacemKiZ
Ian shall be prepared by and bear the seal of a landscape architect currently
licensed state, or by persons authorized by F� Chapter 481, Florida Statues, as
amendeprepare landscape plans or drawings. Tree replacement plan/landscape plan
submi d for a one -family or two-family dwellings (homestead property) may be in the form of
a si plan drawn to scale prepared by the owner or the owner's representative.
e ) Anytime construction or development is to be undertaken, a tree protection bond equal
to the value of the specimen tree(s) to remain and/or to be relocated shall be posted,
except for properties which have Homestead Exemption, pursuant to Section 196.075,
Florida Statutes, and show proof thereof. The bond shall remain in effect for one year after
the final certificate of occupancy is issued.
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(s�d) Review of application. Upon receipt of a complet Tree Permit application, the
department " shall review said
application for compliance with the regulations as et forth in this article. Such review s4a4
may include a field inspection of the site and ref rral of the application to other departments or
agencies as necessary.
the peFF:, ^�.a�*. The Department shall e a reasonable amount of time to review and
respond to applicants regardinq Tree Pe it applications, eneralf completing the initial review
within fifteen ( 15) business days and tM reafter orovidino the intended decision notice uoon final
(d�) Notice. Within 24-4/acation
issuing the intended decision for a tree rel permit, the
department shall notify tant and post a native of the intended decision on or adjacent
to the subject property iwhere it is visible to the general public. The posting shall
provide a general descrlocation of the proposed tree(s) on site to he removed nr
Activity contained in the Tree Permit. The
intended decision sh also be sent to the home owners' associations registered with the
neighborhood enha ement team (NET) in that area.
(ef) Issuance of ermit. If no appeal, in accordance with section 17-5, is tirnnly received
within ten10 calendar days of the issuance of the intended decision, the tree +R�g permit
eF 9;i9inally apppeyed by the shall be issued. The praperty
owner sh insure that the tree rep4eva�l permit is displayed until the authorized work is
comple d.
(fg) ees. Fees shall be as established pursuant to section 10-4, as amended, "Building
p mit fee schedule." Applications from government agencies for tree removals in areas
edicated to public use may, at the discretion of the city commission, be exempted from
application fees and permit fees by resolution.
(gh) Final inspection. No later than six months following the completion of the authorized
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work, the applicant shall schedule a final inspection with the department for verification and
acceptance of the final authorized work.
Sec. 17-5. - Criteria and conditions for tree removal and ral99-atiG.APermits.
(a) Criteria for treeray �lPermits. NG PG iMit Shall be iSSHE)d YOF tFee ="""r'sr.7 rt '�'vY@l crxR-rineSS G e
Of the fQI'^,.,,rin ^;;4eF 2 A -W; + In determining whether a Tree Permit should be issued, the
Department will consider the following criteria_
(1) Whether the tree is located in the buildable area or yard area where a structure o
improvement may be placed and the tree unreasonably restricts the ,permitted use f the
property. Trees located in the property frontage (within the 15 -foot setback), are of
considered located within the buildable area or yard. Ingress and egress to gar ges are not
considered buildable or yard areas. Trees on a public right-of-way shall not considered
for removal because they restrict ingress or egress to the garages or parki on the site,
except if there is no other reasonable access to and from the structure or o the property
from the public right-of-way. This FestriGtion Shall be Waived by eitheF t,- &9GtG"4F Of GOde
(2) Whether the tree is in danger of falling; ' erferes with utility service
determined by a trained and experienced vegetation manage ent or line clearance employee
and/or Person; creates unsafe vision clearance within a siqVtriangle or other legal ri ht-of-wa
or is in danger of materially impairiAgS the structural integ / y of an existing structure.
(3) Whether the Tree is deemed a
Department may reouire su000rtin
fatally diseased or dead and cannot be abated b)
removal, removal of hazardous limbs hoto r
or symptoms of the Tree any laboratory anal is
potential supporting documentation.
4 Whether the Tree is a Prohibited -
of the Tree(s) to support identificatior
for a
(45) Whether -Tthe tree
fataflly diseased Tree or dead. The
that the Tree is a High -Risk Tree
of the Tree(s) showing the conditions, signs
relevant scientific literature; and any other
Decies. The De
Tree S
nt Tree.
went may require photographs
hibited Tree Species may be
creates a health hazard; interferes with native
tree species; or creates a gative impact on natural land features such as rock
outcroppings, sink holes r other geological, historical or archeological features.
(46) i
aoorooriate to
Any other relevant criteria the -Department deems
cider in order to make a determination.
(b) ConditioX for issuance of a tree FeFAGyal FeleealieR and PeplaGAMARtPermit. Any or all
of the fall ing conditions may be required by the Department prior to issuance of a Tree
Pizrmit-
(1 ) e applicant may be required to redesign the project to preserve specimen tree(s) or
a other tree determined by the department to be of substantial value because of its
sties, size, age, form and/or historical significance, and to provide an alternate plan that
includes the adequate preservation of said tree(s) and design alterations within the scope
and intent of the initially proposed plan.
(2) Where practical, specimen trees or any other tree determined by the department to be
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of substantial value because of its species, size, age, form and/or historical significance,
proposed for removal, shall be relocated on or off-site within the Commission District of the
subject property. The applicant shall adhere to acceptable tree relocation standards and
specifications. The department may require a certified arborist to monitor the root pruning
and tree relocation preparation efforts on site and to provide documentation certifying that
the work was accomplished according to acceptable tPee Feierua+r^qstandards and
specifications.
(3) if it is impractical to relocate said tree(s) either on or off-site, because of age, typ r
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 fro a certified
arborist before making any determinations in conjunction with this article . The
department may also require monitoring by a certified arborist during con ruction and/or
Tree Activity requiring a Tree Permit to assure tree preservation..
Sec. 17-6. - Tree replacement.
(a) Tree replacement chart. The tree replacement chart 17. .1 below, shall be used to
determine the total number and size of trees that shall a planted as replacement
trees for all trees permitted to be removed. The rept ement trees are based on the
diameter in inches (DBH) of the trees #o be remov . To determine the required
replacement trees, calculate the total sum in inc s of the diameters of all trees to be
removed. This sum will result in one single/te
erin inches that represents the
combined total of the diameters of alltreesremoved_ Diameter measurement
shall be rounded up to the nearest inch.
Chart 7.
Tree Replatement Chart
Total diameter of Total number of
tree(s) to be replacement trees re u' d
removed {sum of where each Replace ent
inches at DBH) Tree is a minimum 2"
DBH_ x 6'
s read in Cano x 12' in
height
OR
Total number of
replacement trees required
(where each Replacement
Contribution
to Tree Trust
Fund
Tree is a minimum of pp
4"mi.�'m Ery a+snF�_ DBH x 8'
spread in Canopy x 16' in
height)
21"-3" 1
or
a
$1 S00,00
2
or
1
$2 0100.00
71'-121' 4
or
2
$4,000M
13"-18" 6
or
3
$6 00a.0o
19"-24" 8
or
4
$8 000.00
25"-30" 1"t
or
5
$10,000M
31 "'-361" 2
or
6
$12000.00
37-421" 14
or 17
$14000-00
43"-48" 16
or 18
$16,000-00
49"-60" 20
or 110
$20,000.00
the sum of the diameter of trees to be removed exceeds a total of 60 inches, the
lditional inches shall be added cumulatively from the top of the chart, down to the
)ttom of the chart, to calculate the number of trees required as replacement trees.
p to thirty percent (301 peFGeRt of the two-inch DBH replacement tree requirement
ay be met by native species with a minimum height of eft ten 10feet and a
inimum DBH of one and one-half (1 '/2) inches at time of planting.
ie removal of a Palm shall be replaced with two 2 Palms at 16 feet overall hei ht
'l
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with a six-inch DBH or one 1 Tree at 12 feet overall height with a two-inch DBH.
Native palms of a 14 -foot minimum overall height and minimum DBH of three inches at
time of planting shall count as a required two-inch DBH replacement tree on the basis
of two palms per required tree. No more than thirty percent (3Q) perGent of the required
replacement trees shall be palms.
(b)Tree species. Tree(s) insta)led as replacement trees shall be of a native or non
invasive species and shall be planted at grade or ground level according to t.SA ANS,% C)o
I 3D(}
best management practices manual, incorporated herein by reference. When mare an ten
trees are installed as replacement trees, a diversity of species shall be required per chart
17.6.2.9 tree species diversity chart, below.
Chart 17.6.2.1
Tree Snecies Diversit
Required number of trees Required minimum numb of species
11-26 2
21-56 4
51 or greater 6
1. Replacement Trees for Homestead Pr(
a. The removal -of a non-spe6mer
a_Palm species shall be replaced
confirmation from the Department
at two (2) inches DBH and twelve
b. Trees authorized for removal tI
and
rnative
nay comply
on -native T
alternatives:
r
of native species at a one-to-one ratio upon writte
)lacement shall be of minimum replacement size
feet overall height.
is that meet the minimum lot Tree requirements.
as described in Article 9 of the iami 21 Cade shall be replaced at a one-to-one ratio
excluding Specimen Trees aKd Trees effectively destro ed as a result of Tree Abuse.
c. Homestead Properties at remove Trees without a proper Tree Permit must comply
with the standard Replag6ment Tree quantities and reouirements and may not avail
91071il
2. Prohibited Tree S eci may be removed after obtaining a Tree Permit. Replacement Trees
are not required for the moval of any Prohibited Tree S ecies as listed in current edition of the
Miami -Dade Count ohibited 5 ecies List except Loft FigFicus altissima and Banyan Tree
Ficus ben halensi which are s-Nect to the provisions of this Section. No fees will be
3. The Ci
rohibited T
lager or designee, after a recommendation of the Depart
Replacement Trees for affordable housing develo ments
funded by the City, regardless of the source of funds.
ust the
(d} T equality. After issuance of a Tree Permit Trans ERstalle ' replacement trees in
ac rdance with this section shall conform to, or exceed, the minimum standards for Florida
mber One as provided in the most current edition of "Florida Grades and Standards for
ursery Plants, Part I and II," prepared by the state department of agriculture and
consumer services, and incorporated herein by reference. Trees shall be planted according
to sound nursery practices as illustrated in the landscape manual.
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(e) Off-site replacement trees. If the total number of trees require replacement trees
cannot be reasonably planted on the subject property, the applicant may enter into a44
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 subiect property due to capacity issues, the
Department may approve the planting of the excess Replacement Trees in other parts of
the City. An alternative to off-site replacement is provided in subsection (f), relating to t
contribution to the tree trust fund. Applicants may do both to the extent that they sho
proffer to do so.
(f) Tree trust fund.
--t- ' - r - ----- -- ----_--_---.._.. r - ,, -._....a _ - .' .,.
hn+h +n fhn oYtent that they ho ld nr„4or to do -lf the De art en# determines that an
ov a ev s i i e ere that
applicant is not able to comply with the planting of Replacemeyll Trees either onsite or off-
site as required by this Section. then the ao licant shall makla financial contribution into
the City's Tree trust fund pre
1. Non -Homestead
each twa-inch Df
2. Homestead Prop
inch DBH Tree rf
additional Tree P
contribution shall
of the Tree Per it as fo
)erties. The contributLqFn shall bee ual to $1,000.00 for
ree required in ace dance with Chart 17-6.1-1-
s. The contri b utiqK shall be eg ual to $500.00 far each two -
.aired in accords
mets are issued
with Chart 17.6
ndar vear. If
the same calendar year, the subsequent
30 for each two-inch DBH Tree required in
(g) Completion. The (Replacement Qr e process shall be completed prior to the issuance
of a certificate of occupancy or tem rary certificate of occupancy. Moreover, the approval
Of a #TeeFeIeeatior� () Jree Permit is contingent on any requirements set forth in
subsections (a) through (f) abov .
(h) Maintenance of relocatedand Re
must be maintained in a hath
Trees that are relocated or replaced
rowing condition and guaranteed for a
ed by the Deoartment in writing.
of at least one
Sec. 17-7. -Tree pr ection.
(a) Tree prote ion during construction. Trees shall be protected during construction
activity determined by the irk -department through the use of protective
barrier in accordance with the landscape manual- Trees that are to remain shall be
clear identified with tags.
appFG Tree Protection Barriers shall be maintained around the Trees in
accordance with the Tree protection plan approved by the Department.
Prior to and 44during demolition, a development, or construction, including installation of
irrigation systems or any other underground installations, protective barriers shall be placed
around the perimeter of each Tree's Tree Protection Zone (TPZ) ea�� and shall remain in
place in order to prevent the destruction or damaging of roots, stems or crowns of such trees.
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The barriers shall remain in place and intact until approved landscape operations begin;
however, barriers may be removed temporarily to accommodate construction needs, provided
that the manner and purpose for such temporary removal will not harm the trees. The trees
shall' be properly irrigated throughout the building process. Trees damaged during
construction shall be subject to the provisions of section 17-9.
(b)Resepoed Other Tree requirements. Property owners shall protect the Trees designate
reservation in the approved Tree Permit from chemical poisoning, excavation rade ch
and any other potential Tree Abuse to at least the following minimum standards:
ility line trenches and/or directional borings shall V routed
away from the Trees to an
extent possible.
2. Parking on site during construction or development activities. N arking, vehicle
maintenance, storage of construction materials or debris or clea nq of a ui pment shat
take olace within areas marked for preservation s peCificall i n rIZrfin q but not limited to
in the Tree Protection Zone
Sec. 17-8. - Appeals, appellate fees.
(a) Appeals to the historic and environmental preservation bard (HEPB). The property
owner, the applicant, or any aggrieved party having scan ng under state law, may appeal
to the HEPB any decision of the department on matter relating to applications for tree
row permits, except for tree raeval permits gra ed to the departments of public
works or capital improvementsrp ogram, by fling a ritten notice of appeal to the
preservation officer, as established in Chapter 23, within ten calendar
days after the date of the intended decision. T notice of appeal shall include the decision
appealed from and the reasons or grounds f the appeal. HEPB shall hear and consider all'
facts material to the appeal. HEPB may aff' , modify or reverse the decision of the
department.
All appeals to the HEPB in accordan with this Rection Article shall be accompanied by a fee
of $315.00-, except for appeals initiated by an myner f
abutting property owners, as defined in Miami
21, in which a treera per it is sought, ORG161diAg PFnPoFt 8S IGGated R^F^SS a StFeet OF
alley 49m the swlb� ct appeals by a nonprofit corporation dedicated to conservation
and protection of the7naturd physical environment, or appeals by a homeowners
association, as defin-e#. Chapter 720, F'la. Stat., as amended, which has one (member who owns phin 500 feet of the subject property who shall pay a reduced
aobeal fee of $157.5
(b) Appeals to th city commission. The property owner, the applicant, the department, or any
aggrieved part
aving standing under state law, may appeal to the city commission any
/applica,
f HEPB on matters relating to
or tree ram permits by filing a written notice of appeal with the department of
ards within 15 calendar days after the date of the decision. The property owner, the
or any aggrieved party having standing under state law may appeal to the city
n any decision by the Department on matters relating to Tree Permit applications
the departments of public works or capital improvements
r to their contractors, by filing a written notice of appeal with the department of
ards, within 15 calendar -days after the date of ;G of the t intended
decision. The notice of appeal shall include the decision appealed from and the reasons or
grounds for the appeal. The city commission shall conduct a hearing de novo as a body of
original jurisdiction, upon any appeal and/or review from an appealable decision under the
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terms of this ordinance, as amended. New evidence or materials may be received by the city
commission where such evidence or materials are pertinent to a determination of the appeal.
The city commission may hear the testimony of witnesses and/or any other evidence offered
by any person aggrieved or by any officer, board or agency of the city affected thereby or by
any interested party having an interest in the appeal under state law and may, in conformity
with this article and other applicable laws, rules and regulations, render its decision. The cit
commission shall hear and consider all facts material to the appeal and may affirm, mod if
or
reverse, in whole or in part, with or without conditions, HEPB's decision, or may gra/orit.eny
the appeal of the tree r l permit issued to the departments of public works andi
improvements.
All appeals to the city commission in accordance with this section shall be accopanied by a
fee of $500,00525.00, plus $ 4.50 per mailed notice to the adjacent owners vsi in a five
hundred 500)_ -foot radius. A certified list of said owners shall be provided f h all appeals.
However, no fees shall be assessed Wit --for appeals initiated by pFepepty
hiE;h abuts the s„l ,ecA .,Fee rt., abutting property owners as defined b the Miami 21 Code
for which a tree row permit is sought,
frgm the 66)jeGt nrOpe# appeals by a nonprofit corporation dedic d to conservation and
protection of the natural and physical environment, or appeals by homeowners association,
as that term is defined by F -S. Gh-Chapter 720, Fla. Stat., as a nded, which has one
member who owns property within five hundred (5001 feet of t subject property who shall
pay a reduced appeal fee of $2,1;462.450.
For all appeals, all applicants and/or—appellants shall Pa4thea licable advertisemen
notice fee, as established in Section 62-22.
The decision of the city commission shall cons
for rehearing or reconsideration, shall be consi
city commission may be made to the courts a�
Procedure. ,
utZ final administrative review, and no petition
red by the city. Appeals from decisi ons of the
rovided by the Florida Rules of Appellate
(c) Notice. All public hearings on appea shall be noticed as follows. Notice of the time and
place of the public hearing shall be m ed at least ten L� calendar days in advance of the
hearing to the owner of the subject operty and the owners of the adjacent properties. At
least ten calendar days in ad nce of the hearing, a sign, in compliance with the
provisions of s b-sSection 62-19, shall be posted on the subject property..
(d) No tree removal permitt,9C during an appeal. Upon timely submission of an appeal made
pursuant to the requirem is of this section, new construction and removal of any trees
which could be affectedAy the subject appeal is prohibited, pending final disposition of the
appeal. A violation of is subsection will automatically result in an additional $500.00 fine
payable to the city'stree trust fund for each separate violation of this section.
Sec. 17-9. - EnfaFcement.
(a) Jurisdic - n. Toe departmentCode Compliance shall have jurisdiction for the proper and
effective forcement of this article, under chapter 2, article X entitled code enforcement. T#e
Code Compliance shall have the right to inspect subject properties in accordance
with t approved tree removal permit and the provisions of this article. The Department shall
war with Code Compliance to ensure effective enforcement of this Article. Upon notification
b/Code Compliance andlor the Department, the Building Official may immediately issue a stop
work that contributes to thf
remain in effect until the violation has been corrected including payment of all fines.
(b) Individual enforcement. Each tree removed, relocated or illegally pruned without a tree
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removal -permit shall constitute a separate and distinct violation and shall be the subject of
individual enforcement.
Sec. 17-10. - Penalties, remedies cumulative.
..... . mar
17 ci.Any propertythat violates this Article shall be sub'ect to the following en
1. Non -Homestead Properties. For every Tree that has been the sAiect of Tree
Activity without a Tree Permit or the sub�ect of Tree Abuse a fZ a of $1,000.00
per Tree shall be imposed,
2. Homestead Properties. For every Tree that has been thsubiect of Tree Activ
without a Tree Permit or the subiect of Tree Abuse. a Ve of $500.00 r)er Tree
shall be imposed.
3. Said fines are appealable to
2, Article X of the City Code.
!!
EnforcemZnt Board pursuant to Chaoter
Any Propertythat has had a previous fine Vr a violation of this Article within the
est five 5 ears may receive a fine as tated in this Section and shall also be
utomaticailv referred to the Code EnfdFcement Board
Article X of the City Code and subieGfto enhanced penalties of $5,000,00 per
day per violation pursuant to Sectiofi 162.09, Fla. Stat.
5. Nothing in this Article shall PrQKtbit the City from enfc
other means. The enforce nt procedures outlined
others and shall not be c
enforcement of any sectZn of this
uisites to filing suit for the
(b) Tree replacement required. a planting of replacement trees shall be required, in
addition to the monetary fine ssessed pursuant to this article. The number of trees
required as replacement fo ach tree that was removed without a permit is provided in
chart 17.10.2.1, the tree r placement chart, for trees removed without a permit, below. If the
total number of trees re ired as replacement trees cannot be reasonably planted on the
subject property, the plicant may contribute to the city's tree trust fund in the amount
provided in chart 17 0.2.1.
Chart 17.10.2.1.
Tree Replacement Chart fnr Tref -, Ramnvi— i Withnl It a Permit
DiameterAIsimhor
of rnnlareMIR t
OR
Nombe7F Gf FeplaveamreRt
OR
Contribution into
(DBH of
$ eeG FegUiFed (22 IDE44
#ees Feg iiped IA" RQu
Tree Trust Fund
minimi1m eanhi 12'
miriim am esarS�: 16'
minimi im hem hjotal
minimi ern hei�.hfl Total
/od
number of Re lacement
number of Replacement
Trees required (where
Trees required (where
each Replacement Tree is
each Replacement Tree is
a minimum of 2" DBH x 6'
a minimum of 4" DBH x 8'
spread in Canopy x 12' in
spread in Canopy x 16' in
hei ht
hei ht
SUBSTITUTED
2"-3"
2
or
11
or
$42,000.00
4"-6"
4
or
12
or
$24,000.00
7"-12"
8
or
4
or
$48,000.00
13"-18"
12
or
6
or
$612,000.00
19"-24"
16
or
8
or
$916,000.00
25"-30"
20
or
110
or
$4920,000.0
31 "-36"
24
or
12
or
$4-224,000/0
37"-42"
28
or
14
or
$4428,090.00
43"48"
132
or
16
or
$4632 00.00
49%60°'
140
or
20
Jor
$29A.000.00
If the sum of the diameter of trees to be removed exceeds a total of 60 inches
inches shall be added cumulatively from the top of the chart, down to the bo
to calculate the number of trees required as replacement trees. If the exa D
determined for Trees removed without a permit, establishedindust ra ctges shall be used to
determine an estimated DBH, as approved by the Department.
e additional
m of the chart,
BH cannot be
c High -Risk Trees. Trees that are High -Risk Trees as a result of ree Abuse are subiect to
he Replacement Tree requirements of Section 17-10{b) of the Ci Code. Hioh-Risk Trees thr
result from any other reason are not subiect to Replacement Tra4s.
(ed) Tree viability after project completion. If the cl artme determines that any tree is not
viable, alive and growing one year after all associated tree activity on the
property is completed, the department shall require th said tree be replaced with the same
tree species and size which was originally planted o elocated, as per the approved tree
FeFROYal permit.
(de) Withholding of a ne/credit,
lding permit. Any tree Activity in violation of
this article shall constituunds far withh ding new building permits directly related to
said tree row Activil the violatio as been corrected, including payment of all
fines and planting of all ed replace ent trees as pursuant to this section.
Alternatively, in order ton the ne uilding permit, the person in violation may post a
payment and performannd pur ant to F. S. --Section 255. 05, Fla. Stat., as amended
naming the city as oblige b d shall be in the amount of ten percent (10%) of the
construction cost or ten nt 0% of the appraised value of the property, if no
construction exists. Theill remain in place until the violation has been corrected,
pursuant to this section.event a bond is not feasible, the city may accept an
irrevocable, unconditionr of credit, in the previously stated percentages, naming the
city as payee.
(ef} Withholding of ertificate of occupancy. The department shall not approve the zoning
inspection require for a temporary or final certificate of occupancy until all Tree Permits
have been finaii d and violations of this article have been corrected, including the payment
of all fines an he planting of all replacement trees required as mitigation, pursuant to this
section.
(€g) Re dies cumulative. The remedies provided in this section shall be cumulative to all
rems provided by law andlor equity, and the election of one shall not preclude the
oth e
J§h) Costs and fees. In the event the city institutes any civil action to enforce the provisions
ofthisarticle in a court of competent jurisdiction, if the city succeeds as prevailing party, it
shall be entitled to recover the fines assessed pursuant to the violation(s), the cost of
replacement trees required as mitigation, the costs associated with the investigation and
prosecution including reasonable attorney fees, and any equitable and/or legal remedies
SUBSTITUTED
assigned by the court.
Sec. 17-11. - Exemptions.
The following are exempt from the provisions of this article:
(1) Any tree growing in a botanical garden, or a licensed plant or tree nursery business.
(2) When the city manager or designee determines, in writing, that tree Fefflevarpermi
ng
requirements will impede private or public work to restore city order after a declared ate of
emergency by the city commission.
(3) The immediate removal of any tree
err that presents a life safety issue, by demonstrating to the city, following t review and
recommendation of the department, which may require photographic proof evised andlor
other supporting documentation, to help determine the condition of the tr e prior to its
removal.
a Gfe Ates a lifer safety
n Pros _;F#s furtheF damage
(4) Nothing in this article shall be construed to prevent the pr ping or trimming of trees
where necessary for proper landscape maintenance an/sety, provided that the pruning
or trimming of trees is done in accordance with ANSI Aree Care Standards and the
guidelines illustrated in the landscape manual.
Secs. 17-12-17-25. Reserved.
Section 3. If any section, part of a section, Paragraph, clause, phrase, or word of this Ordinance
is declared invalid, the remaining provisio s of this Ordinance shall not be affected.
Section 4. This Ordinance shall becry�fie effective immediately upon its adoption and signature
of the Mayor.'
APPROVED AS TO FORM ANXCORRECTNESS:
ez,
017
I This ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (0) 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.