HomeMy WebLinkAboutO-13873File Number: 6427
City of Miami
Legislation
Ordinance: 13873
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/21/2019
AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER
17/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "ENVIRONMENTAL
PRESERVATION/TREE PROTECTION IN GENERAL;" MORE PARTICULARLY
BY AMENDING SECTION 17-4 OF THE CITY CODE, TITLED "TREE PERMIT
APPLICATIONS, REQUIREMENTS, REVIEW AND FEES," TO PROVIDE AN
EXCEPTION FOR A COVENANT IN LIEU OF A TREE PROTECTION BOND
FOR AFFORDABLE HOUSING DEVELOPMENTS WHICH ARE PROCURED
AND/OR FUNDED BY THE CITY OF MIAMI; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Wifredo (Willy) Gort, Commissioner Manolo Reyes
WHEREAS, on May 13, 2018, 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 ("City"), which includes the City's topographic, geological,
and landscape features; 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,
as amended ("City Code"), lacks an exemption for affordable housing developments that are
procured and/or funded by the City; and
WHEREAS, affordable housing is of great significance to the City; and
WHEREAS, providing such an exemption for affordable housing creates an additional
incentive to developmental projects, especially those procured and/or funded in whole or in part
by the City; and
WHEREAS, providing this specific exception will afford the City a uniform process to
handle covenants associated with affordable housing development incentives instead of
requiring a tree protection bond; and
WHEREAS, the City Commission finds that this is in the best interest of the City and its
residents to amend the City Code for the purposes stated herein;
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 and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 5 File ID: 6427 (Revision: A) Printed On: 12/19/2019
File ID: 6427
Enactment Number: 13873
Section 2. Chapter 17 of the City Code, titled "Environmental Preservation," is further
amended in the following particulars:'
"CHAPTER 17
ENVIRONMENTAL PRESERVATION
ARTICLE I. TREE PROTECTION IN GENERAL
Sec. 17-4. Tree permit applications, requirements, review and fees.
(a) Permit, when required.
(1) No person, agent or representative thereof, directly or indirectly, shall engage in tree
activity on any property described in section 17-3 of this article without first obtaining a
tree permit and unless exempted by section 17-11 of this article.
(2) A tree permit is required for tree pruning of more than 25 percent of the canopy,
crown, or living foliage of a tree or other pruning not in accordance with the ANSI A-
300 Standards shall be allowed upon presentation of a letter to the city, to 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 than
ten percent 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
improvements performed by or for the department of resilience and public works or
capital improvements.
(5) No building permit for any work that has the potential to affect trees, including new
construction, additions, carports, pools, decks, fences, driveways, parking lots, tennis
courts, demolition, or similar work, shall be issued by the building department unless
the zoning department has determined that a tree permit or tree pruning permit is not
required or that a valid tree permit or tree pruning permit has been issued in
accordance with this article.
(b) Application requirements. The property owner or authorized agent shall submit a tree
permit application to the department on the department's tree permit application form. A
tree permit application shall include those supporting documents and plans as required by
the department to provide adequate description and information to verify the intended tree
activity, site conditions, proposed construction and work specifications in order to issue a
tree permit.
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
City of Miami Page 2 of 5 File ID: 6427 (Revision: A) Printed on: 12/19/2019
File ID: 6427
Enactment Number: 13873
(c) Plan requirements. Plans submitted with a tree permit application shall comply with the
following:
(1) Commercial properties. Plans for a tree permit in conjunction with new 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 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, the new
locations of existing trees to be relocated on site over the tree survey plan
information, and an accurate depiction of the CRZ and canopy of the trees to
remain and/or be relocated. For applications involving the construction of a new
building(s), the tree disposition plan shall be prepared by and bear the seal of a
landscape architect currently licensed in the state, or by persons authorized by
F.S. CH. 481, 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 relocation specifications in
accordance with ANSI A300 Standards shall be provided to the department.
Additional information such as the TPZ, CRZ, tree protection and/or tree pruning
recommendations may be required for trees to remain and/or be relocated. The
assessment shall be prepared by an ISA Certified Arborist.
(2) Single-family or duplex properties. Plans for a tree permit in conjunction with new
construction, including but not limited to demolition, additions, pools, and decks shall
include the following:
a. A 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.
City of Miami Page 3 of 5 File ID: 6427 (Revision: A) Printed on: 12/19/2019
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Enactment Number: 13873
c. When applicable, an assessment on all existing trees with tree specifications. For
trees and/or palms proposed for relocation, tree relocation specifications in
accordance with ANSI A300 Standards shall be provided to the department.
Additional information such as the TPZ, CRZ, tree protection and/or tree pruning
recommendations may be required for trees to remain and/or be relocated. The
assessment shall be prepared by an ISA Certified Arborist.
(3) Plans for a tree permit unrelated to construction shall be drawn to scale using a site
plan or existing property survey prepared by the owner or owner's authorized
representative.
(4) All applications shall have a tree replacement plan/landscape plan drawn to scale that
illustrates all proposed new construction, new locations of relocated trees, and new
replacement tree locations that complies with the requirements of section 17-6 of this
Code, entitled "Tree replacement." For applications involving the construction of a new
building(s), the tree replacement plan shall be prepared by and bear the seal of a
landscape architect currently licensed in the state, or by persons authorized by F.S.
CH. 481, as amended, to prepare landscape plans or drawings. Tree replacement
plan/landscape plan submitted 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.
(5) Anytime construction or development is to be undertaken, a tree protection bond
equal to the value of the specimen tree(s) to remain and/or to be relocated shall be
posted, except for properties which have homestead exemption, pursuant to F.S. §
196.075, and show proof thereof. The bond shall remain in effect for one year after the
final certificate of occupancy is issued. The Citv Manager, after recommendation by the
Department and approval as to legal form by the Office of the Citv Attornev, may
accept a covenant or other equivalent alternative to the tree protection bond
requirement for construction or development of affordable housing proiects which have
been procured and/or funded by the Citv. All applicants requesting a covenant in lieu of
a tree protection bond of an affordable housing proiect shall be bound by the terms of
the covenant and shall record said covenant in the public records of Miami -Dade
Countv after final acceptance and execution by the Citv.
(d) Review of application. Upon receipt of a completed tree permit application, the department
shall review said application for compliance with the regulations as set forth in this article.
Such review may include a field inspection of the site and referral of the application to other
departments or agencies as necessary. The department shall take a reasonable amount of
time to review and respond to applicants regarding tree permit applications, generally
completing the initial review within 15 business days and thereafter providing the intended
decision notice upon final approval the tree permit application.
(e) Notice. Within 48 hours of issuing the intended decision for a tree permit, the department
shall notify the applicant and post a notice of the intended decision on or adjacent to the
subject property in a location where it is visible to the general public. The posting shall
provide a general description and location of the proposed tree activity contained in the tree
permit. The intended decision shall also be sent to the homeowners' associations
registered with the neighborhood enhancement team ("NET") in that area.
(f) Issuance of permit. If no appeal, in accordance with section 17-8 of this article, is received
within ten calendar days of the issuance of the intended decision, the tree permit shall be
City of Miami Page 4 of 5 File ID: 6427 (Revision: A) Printed on: 12/19/2019
File ID: 6427 Enactment Number: 13873
issued. The property owner shall ensure that the tree permit is displayed until the
authorized work is completed.
(g) Fees. Fees shall be as established pursuant to section 10-4 of this 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.
(h) Final inspection. No later than six months following the completion of the authorized work,
the applicant shall schedule a final inspection with the department for verification and
acceptance of the final authorized work.
*„
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 thirty (30) days after final reading
and adoption thereof.z
APPROVED AS TO FORM AND CORRECTNESS:
_ f
i ria i 'ndez, City ttorney � 9/17/2019 i ria i . ndez, City ttor ey _) 10/1012019
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date
it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override
of the veto by the City Commission or upon the effective date stated herein, whichever is later.
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