2014-3904 Ordinance ORDINANCE NO. 2014-3904
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE II, "CARE AND MAINTENANCE OF TREES AND
PLANTS," BY AMENDING DIVISION 2, "TREES"; TO AMEND THE
DEFINITIONS, PURPOSE AND INTENT; SCOPE, AD�IIr►AQIIITy
A# EXEMPTIONS AND PROHIBITED SPECIES; PERMITTING
APPLICATION REQUIREMENTS, NOTICE AND PROCEDURES FOR
OBTAINING PERMITS; IMPOSING CRITERIA AND CONDITIONS FOR
TREE REMOVAL AND RELOCATION; TREE REPLACEMENT; TREE
PRESERVATION AND PROTECTION REQUIREMENTS; DEFINING
AND PROTECTING HERITAGE AND SPECIMEN TREES;
ESTABLISHING A MIAMI BEACH TREE PRESERVATION TRUST
FUND; ; DEFINING
TREES CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR
APPEALS; ENFORCEMENT AND CIVIL REMEDIES; 11f1L11-1 1— 1
DUTIES AND AUTHORITY OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission declares that it is in the public health, safety and
welfare, and the interest of the citizens of Miami Beach, to establish policies, regulations and
standards to ensure its residents and visitors will realize the full benefits of a healthy, well-
managed urban forest; and
WHEREAS, the Administration recognizes that specific changes enhancing the existing
City tree ordinance are necessary to obtain exemption from the regulatory oversight of Miami-
Dade County; and
WHEREAS, a City Tree Preservation Trust Fund needs to be created to collect fees,
penalties and donations, to be used for the planting of trees in the City and any other ancillary
costs associated with the planting, establishment or preservation of trees; and
WHEREAS, a City Tree Work Permit process needs to be created to require licensure
for tree removals, tree relocations, and regulation for
installations of required tree canopy replacement; and
With thA Qitlg nffioniollw gffirm*nn *hot thimis al*nll inlinmi *him tar-mg: anniaimak4l in thin aii%e
WHEREAS, enhanced guidelines need to be created defining required tree protection
measures to be undertaken on designated construction sites; and
WHEREAS, a Heritage Tree designation process needs to be created to recognize and
protect trees of unique character and high value, to also include a strong mechanism to help
prevent any unauthorized removals of these trees and understory; and
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WHEREAS, a Specimen Tree designation needs to be created to include all trees with a
diameter breast height (dbh) of 129" and above, to also include increased canopy mitigation and
monetary contribution requirements for any Specimen tree impacts; and
WHEREAS, the Administration has reviewed the enforcement provisions concerning the
trimming, spraying, removal, planting, pruning, cutting and protection of trees Citywide, and is
recommending the creation of necessary amendments, which shall establish appropriate fines
and penalties; and
WHEREAS, the Administration recommends amending the City's existing tree ordinance
to accomplish the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, entitled, "CARE AND MAINTENANCE OF TREES AND PLANTS,"
of Chapter 46 of the Miami Beach City Code, Division 2 thereof, entitled "TREES", is hereby
amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
DIVISION 2. TREES PRESERVATION AND PROTECTION
Sec. 46-56. Definitions.
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Act of God: Natural occurrences including, but not limited to, hurricanes, tornadoes, lightning
strikes, fire, disease, pest damage, or other event that causes a tree to die or decline and is
outside of the control of any person .
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Arborist: shall mean an An individual who is a specialist in the care and maintenance of trees
and is r.eirtiffled ,oi+h the AmeFi r7Y1 C^ni°+v of Arh^ritsts a Certified Arborist by the International
Society of Arboriculture (ISA).
Caliper r°feFs +^ +h° : A measurement of trunk diameter of nursery trees, measured 6 inches
above the -ground for trunks with a +r°° in FegaF l diameter of 4 inches or less, and 12 inches
above the.thiGkness44 around for trunks with a diameter larger than 4 inches.
Consulting Arborist:An individual who is a specialist in the care and maintenance of trees and is
a Registered Consulting Arborist certified by the American Society of Consulting Arborists
A� SCA)
Critical Root Zone: The portion of the root system that extends 10 feet from the trunk of the tree,
or as adjusted by the Public Works Director or his/her designee, as may be determined by an
individual tree assessment.
DBH as the (Diameter at Breast Height): The measurement of a tree's trunk diameter taken 4 '/2
feet #em gFad above the ground ^r dicer,,,°+°r at bFeas+ h°inh+ The measurement of those
trees with multiple-trunks shall be the sum of the diameters of all trunks at 4 M2 feet above the
ground.
Drip-line: shall me-an an i.m.-aginary vertir.-al line to the gFeuRd whin-h is adjaGent to the Outermost
leav S +4 ,•rOWn of the +r°° An imaginary vertical line runninq to the ground from the outer-
most horizontal extension of a tree's canopy. Trees with canopies set off-center will be protected
based on the average diameter of the existing drip-line, using the tree trunk as its point of
origin.
Effectively destroy: To cause, suffer, allow or permit any act which will result in the death or
unnatural decline of a tree, which may include, but is not limited to, damage inflicted upon the
root system by heavy machinery, excessive root removal or cutting, excessive trimming
including hatracking, removal of live palm fronds originating above the horizontal plain, tears
and splitting of limb ends or peeling and stripping of bark caused by improper tree and palm
pruning techniques not in accordance with the latest edition of the American National Standards
Institute (ANSI) A-300 pruning standards, use of climbing spikes on trees or palms not
designated for removal, trenching or excavating in the critical root zone, changing the natural
grade above the root system or around the trunk, damage intentionally inflicted on the tree
which permits infection or pest infestation, application of herbicides or other chemical agents,
intentional fire damage to the tree, the infliction of a trunk wound through girdling, spiking and
bark removal, or the removal of sufficient canopy to cause the unnatural decline of the tree.
Girdling: The removal of a strip of bark around a tree trunk or a branch of a tree.
Hatracking_ ,
healthy tFee Gr-A-I.A.OM I.AVhiGh FendeFS the tFee URa#FaGtive and limits its ability te gave Sha To flat-
cut the crown of a tree by severing the leader or leaders; or to prune a tree by stubbing off
branches three (3) inches or greater in diameter; or to remove more than 25 percent of a tree's
canopy without City approval; or to reduce the size or spread of a tree's crown in a manner not
in conformance with the most recently published American National Standards Institute (ANSI),
A-300 standards.
Heritage Tree: A tree so designated by the City of Miami Beach Mayor and Commission
because of its unique or intrinsic value to the community with regards to its historic value, size,
age, location, distinctive form, exceptional characteristics, ecological value or other relevant
criteria.
of its age ap4s4e Gompai:ed to others of the same sp
Prohibited tree species: Those tree species listed in Chapter 24 of the Miami Dade County
Code, as amended, whose sale, propagation, planting, importation or transportation shall be
prohibited under Miami-Dade County regulations.
Non-Specimen .Ttree: Any tree that is not designated by the City of Miami Beach as an
exempt tree, and which:
a. is located on public land or zoning districts other than single family districts, having no
less than a three (3) inch DBH or ten (10) foot mature height; or
b. is a replacement tree or any non-exempt tree that is represented or identified in a
planning or development document for the purposes of securing an approved City
building or demolition permit.
Protective barrier. Fences or like structures at least four (4) feet in height that exclude damage
or disturbance to trees and tree roots on construction sites.
Pruning/trimming: The selective removal or reduction of tree limbs to benefit the overall health
and safety of a tree, pursuant to those requirements established by the International Society of
Arboriculture (ISA) and the American National Standards Institute (ANSI) A-300 pruning
standards (Part1).
pedeStF"aF;Cr;s 9F vehid roe that pe es a throat to safety.
Public nuisance tree: A dead or dying tree, or a tree with an infectious disease or insect
infestation, or a tree that poses a threat to public safety or the health of other trees in the
vicinity, as determined by the City of Miami Beach's Public Works Director or his/her designee,
who shall be the City's Urban Forester.
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Specimen Tree:
" , ' A tree with an
individual trunk that has a DBH of elvee (129) inches or greater, or any multiple-trunk tree
in which the sum of the diameters of all the trunks at DBH is twelven�Re (129) inches or greater,
but not including non-native species of the genus Ficus.
SiAin_g: The insertion, whether vertically or horizontally, of foreign objects into the trunk of the
tree or its root system with the intention of killing the tree.
Topping_ Ter , to flat r-,it the top of a tree or +o rerv►o�nore than one_lla.
+hirrJ of+he tree r--Fg w n. See Hatracking.
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Tree Service: Any business, entity, or individual who accepts or solicits compensation for
trimming, removing or relocating trees, or who trims, removes or relocates trees as part of
landscape or yard maintenance activities for which compensation is accepted.
Urban Forester. The City of Miami Beach official with specialized knowledge of urban forest
management, arboricultural and horticultural practices, who has been designated to manage the
City of Miami Beach's urban forest by the Public Works Director, to provide direction for tree
planting, maintenance, removals, and all arboricultural practices and tree-related activities, and
to carry out the enforcement of this Division.
Sec. 46-57. Purpose and Intent.
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It is recognized that trees are a vital part of the City of Miami Beach's infrastructure, providing
numerous environmental, economic, and social benefits. Trees improve air quality, save energy
by reducing air conditioning costs, ameliorate high urban temperatures, reduce storm water run-
off, increase property values, improve productivity, reduce stress and crime, and beautify
residential and commercial neighborhoods. Trees decrease urban noise, encourage tourism
and economic growth, preserve community character and identity, provide habitat for wildlife,
and shade pedestrian walkways. It is the purpose and intent of this Division to establish
policies, regulations and standards to ensure that the City of Miami Beach, its residents and its
visitors will realize the full benefits of a healthy, well-managed urban forest. The provisions of
this Division are enacted to:
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1. Promote the establishment and maintenance of the optimum sustainable amount of tree
cover on public and private lands.
2. Establish and maintain diversity in tree species and age classes to provide a stable and
sustainable urban forest.
3. Minimize the removal or loss of Non-Specimen. Specimen and Heritage.. trees.
4. Require mitigation for the removal of Non-Specimen. Specimen and-HeritagingrntimpimA,
trees on public and private property.
5. Establish procedures to designate and protect Heritage Trees of unique or intrinsic value
to the community, as defined in this Division.
6. Maintain City of Miami Beach trees in a healthy and non-hazardous condition through
good management practices.
7. Minimize maintenance costs and damage to sidewalks, streets, and other infrastructure
by planting tree species that are appropriate for existing site conditions and available
growing space.
8. Preserve the community's character and quality of life well into the future.
I Sec. 46-58. Scope= Exemptions and Prohibited Species.
T-Fees that aFe the subjeGt Of Feview undeF this divisien shall ORG'wde these tFees 9R all publiGG and
greateF, FneaswFed four andGRe-half feet above gFade at diamete. at bieast height (DBH). This
diViGiGR shall apply to all tFees, iRG'61diRg thgGe lGGatedGR thep6lbliG Fight Gf way, FegaFdless of
6aze,�-aR tFees ire einnl-family distFiGts specified above
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It shall be unlawful for any person, unless otherwise permitted by the provisions of this Division,
to perform tree removal work or effectively destroy any Non-Specimen tree. Specimen tree or
Heritage tree located within the boundaries of the City of Miami Beach, on either public or
private property, without first obtaining a tree work permit.
, .
4=1.Exemptions
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The following shall be exempt from the provisions of this Division, and do not require a
tree work permit:
a. Removal of prohibited species that do not have a Heritage Tree designation or are
located in a designated Historic district.
b. Removal of dead trees or trees destroyed by an act of God. This exemption does
not apply to any trees or palms effectively destroyed through violations of those
provisions set forth herein.
c. Any tree that, as the result of damage, disease or other cause, poses imminent
danger to health, safety or property, and therefore requires immediate removal, may
be removed without obtaining a tree work permit; provided that the owner of the
Property can establish that such hazardous condition(s) existed prior to the removal.
d. Removal of trees within the yard area of an existing single family residence; provided
the trees are not Specimen Trees with a DBH of nine (9) inches or greater. This
exemption does not apply to trees that are growing on public rights-of-way adjoining
existing single family residences.
e. Removal of trees within licensed plant nurseries and botanical gardens, provided
such trees were planted and are growing for the display, breeding, propagation, sale
or intended sale to the general public in the ordinary course of business.
f. Removing, trimming, cutting or altering of any mangrove tree or removal of any tree
located upon land which is wetlands as defined in Section 24-5 of the Code of Miami-
Dade County, Florida, and are subject to the permitting requirements of Article IV of
Chapter 24 of the Code of Miami-Dade County, Florida.
2. Prohibited Species
This Division incorporates by reference the prohibited species list in Chapter 24 of the
Miami-Dade County Code. If present on a development or redevelopment site, they shall be
removed prior to development or redevelopment, and their sale, propagation, planting,
importation or transportation is prohibited. The only exceptions to this shall be if the
particular site contains prohibited species trees that have been designated as Heritage trees
or are located in a designated historic district as so defined in Sec. 46-56 herein, provided a
variance from the requirements of Chapter 24 of the Code of Miami-Dade County. Florida.
has been obtained. No fees shall be charged for their removal, and replacement trees may
be required for the removal of any prohibited species in accordance with City of Miami
Beach Code Sec.-118-251. Final decisions on canopy replacement for prohibited species
shall involve review and approval from the Public Works Department. This list may be
amended from time to time as set forth in Section 24-49.9 of the Code of Miami-Dade
County, Florida.
The City Manager may suspend the enforcement provisions of this Division by determining
that tree removal permitting requirements will hamper private or public work to restore order
to the City of Miami Beach after a declared state of emergency by the City or other
governmental authority, following an extreme weather event or other disaster.
Nothing in this Division shall be construed to prevent the pruning or trimming of trees on
Private property where necessary for proper landscape maintenance and safety; provided
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that no more than twenty-five (25) percent of the crown or foliage is removed annually and
that the pruning performed does not effectively destroy the tree.
me�c,,Finn 1 S2 innhee nr nreateF a+ DR-H shall ii i-1, de.-
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(2) A $2549 appliGatien fee payable to t he-G*.
(3) if deemed ReGessaFy, a phetegaph, ef adequate_ quality, of the tree pFopesed far riawapim
(5 TA wFifteR de6GFipt*GR eTthe pFepe6ed tFee weFk.
theiF GeFtifiGatien at the time .
d eFF it feF ��9Fk r►� ,,�yd�`el of the d paFtF►�S denic inr, nn aR
GWnpleted within 9F;e yeaF fFeF:R the i date, the peFi;;at shall beGGFne Rull and void.
,
Sec. 46-59. Tree work permit application processing, requirements, and review.
1. Permit, when required. A tree work permit shall be required:
a. for the removal or relocation of any Non-Soecimen tree. Specimen tree or Heritage
tree within the City of Miami Beach that is subject to review as specified in section
46-58a
No person, agent or representative thereof, directly or indirectly, shall
' cut down, remove, relocate, or effectively destroy any Non-Specimen,
Specimen or Heritage tree situated on any property described in Sec. 46-58,
without first obtaining a tree work permit as hereinafter
provided. No building permit shall be issued by the City's Building Department, and no right-
of-way permit shall be issued by the Public Works Department, 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, unless it has been
determined that no tree work permit is required, or a valid tree work permit has been issued
in accordance with this Division.
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2. Application requirements. Applications for tree work permits shall be made on the form
provided for that purpose by the Public Works Department. -The application shall include a
written statement indicating the reasons for the removal or relocation of each tree,
0
and shall describe the proposed tree work. The following documentation and any
applicable fees shall accompany applications:
a. Applications for all locations except for existing single family homes. Applications for
tree work, in conjunction with any new construction, including new single family
homes and additions, shall include a tree survey drawn to scale identifying the
species and listing the height, spread and DBH of all existing trees shall be provided.
The tree survey shall be prepared by and bear the seal of a professional land
surveyor, licensed in the State of Florida. In addition, a tree disposition and site plan
drawn to scale identifying and listing all existing trees and specifying the condition of
each tree and whether such trees are to remain, to be removed or= to be relocated=
0
owl shall be provided. This plan shall also illustrate the location
of all existing structures and/or all proposed new construction, as applicable, the
location of any overhead and/or underground utilities, the new locations of existing
trees to be relocated on site, and all areas affected by construction-related activities,
such as access routes to the property, and staging area. The plan shall be prepared
by and bear the seal of a landscape architect currently licensed to practice in the
State of Florida.
b. Applications for existing single family homes. Applications for tree work at existing
single family homes, shall require a site sketch indicating the approximate location
and disposition of the tree(s)= . fulfill the tr cmi
c. A tree replacement plan prepared in accordance with Sec. 46-612.
d. The Public Works Department shall determine the completeness of an application
pursuant to this subsection, and provide notification to the applicant of any material
that is required for the issuance or denial of the tree work permit.
Review of application. Upon receipt of a completed application, the Public Works
Department shall review the application for compliance with the regulations as set forth in
this Division. Such review ma include a field inspection of the sited= ,
- - -nlc� immoontc-he Public Works Department shall issue an
intended decision approving, denying or approving with conditions the application within
thirty (30) calendar days from the date the application is deemed completed.
4o-. 3.
4. Issuance of permit. The tree work permit, if approved by the Public Works Department,
shall be issued. The property owner shall be responsible for insuring that the tree work
permit is displayed until the authorized work is completed. If the permitted work is not
9
completed within one year from the issuance date, the permit shall become subiect to
revocation.
5. Fees. Fees for tree work permits shall be established by the City Commission.
Applications from government agencies for tree removals solely in areas dedicated to
public use may, at the discretion of the City Commission, be exempted from application
and permit fees.
6 Final inspection. No later than six (6) months following the completion of the
authorized work, the applicant shall schedule a final inspection with the Public Works
Department for verification and acceptance of the final authorized work. The inspection
shall be conducted by the Urban Forester or his/her designee. All new, relocated or
mitigation trees within the project area shall be replaced, if they are not alive and viable
one (1) year after the final inspection. The final inspection requirements for replacemen
or relocated trees installed at offsite locations pursuant to Sec. 46-61.5 shall require
written approval from the Public Works Department.
applaGatien and peFM*t fees shall be waived. Planting ef aRy ef the felle t mateFgaks
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Sec. 46-60. Criteria and conditions for tree removal and relocation.
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1. Criteria for Lpon-Sspecimen tree removal. No tree work permit shall be issued for Non-
Specimen tree removal from the site, unless one of the following criteria exists:
The Non-Specimen tree is located in the proposed building footprint or yard area where
a structure or improvement may be placed and unreasonably restricts the permitted use
of the property. Non-Specimen trees located in the property frontage (within the City of
Miami Beach's required setback), shall not be considered to be located within the
building footprint or yard. Non-Specimen trees on the public right-of-way shall not be
considered for removal as a result of restriction to or from ingress or egress to the
garages or parking on the site; provided however, that if there is no other reasonable
access to and from the structure or to the property from the public right-of-way, as
determined by the Public Works Director or his/her designee, this requirement shall be
waived. All project drawings must include all existing trees on the private property and
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Public right-of-way accurately drawn to scale. Authorization to remove Non-Specimen
trees, including right-of-way Non-Specimen trees, shall be approved prior to issuance of
a building permit.
The Non-Specimen tree is diseased, damaged or in danger of falling; interferes with
utility service; creates unsafe vision clearance that cannot be corrected through pruning
without effectively destroying the tree, or materially impairs the structural integrity of an
existing structure.
e= The Non-specimen tree is an undesirable or non-native tree species and will be
replaced with a South Florida native tree species to promote good forestry practices, or
is an undesirable or non-native species and interferes with native tree species.
d= The Non-specimen tree creates a health hazard, or it is in the general health, safety and
welfare of the public that the tree be removed for a reason other than set forth above.
2. Conditions for tree removal, relocation and replacement of Nson-S;s ecimen trees.
a. The applicant may be required to redesign the project to preserve Nflon-Sspecimen
tree(s), er tree to ensure compliance with the scope and intent of this
article.
b. Where practical, as determined by the Public Works Director or his/her designee,
any Non-Specimen Ttree
that is proposed for removal, shall be relocated on or off-site. The
applicant shall adhere to acceptable tree relocation specifications, in accordance with
the most current ANSI A-300 Standards.
c. If the Public Works Director or his/her designee determines it is not reasonably possible
to relocate such Non-Specimen ttree(s) either on or off-site, because of age, type, size,
or condition, the applicant shall be required to replace all Non-Specimen trees permitted
to be removed in accordance with the tree replacement requirements in Sec. 46-6a.
d. The Public Works Department may require that the applicant provide a written report
from an ISA Certified Arborist and or ASCA Registered Consulting Arborist before
making any determinations in coniunction with this Section. The Public Works
Department may also require monitoring by an ISA Certified Arborist and or ASCA
Registered Consulting Arborist during construction to assure Non-Specimen tree
preservation.
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Sec. 46-612. Tree replacement.
1. Tree replacement chart. The tree replacement chart, below, shall be used to determine the
total number of trees that must be planted for the replacement of those Non-Specimen trees
permitted to be removed. A tree replacement plan shall be submitted to the Public Works
Department as part of the tree work permit application process that shall include the number
of trees, number of species of trees and size of trees proposed for planting. The
replacement trees are based on the total square footage of the Non-Specimen trees to be
removed, and such measurement is accomplished through the use of aerial photography,
on-site inspection and or review of a submitted tree survey. Canopy measurement shall be
rounded up to the nearest foot. Refer to Sec. 46-646 Specimen Tree Standards for tree
replacement requirements for Specimen trees and refer to Sec. 46-63 Heritage trees for
replacement requirements for Heritage trees.
a) Tree replacement chart.
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TABLE INSET:
Replacement Tree Canopy Credit in Square
Category Feet
CategoULLTree 300
Category 2 Tree 150
Category 3 Tree 100
Category 4 Palm 50
The Public Works Department shall maintain a list of approved species for each category of
replacement tree. This list may be amended from time to time, as necessary. Replacement tree
heights shall be determined by overall height measured from where the tree meets the ground
to the top-most branch. All category 1 trees shall be a minimum of twelve (12) feet in height at
the time of plantinq with a 2-3" minimum caliper. All category 2 trees shall be a minimum of ten
(10) feet in height at the time of planting with a 2-3" minimum caliper. All category 3 trees shall
be a minimum of eight (8) feet in height at the time of planting with a 2-3" minimum caliper. All
category 4 palms shall have a minimum (6) foot clear trunk.
2. Tree species and diversity standards. Tree(s) installed as replacement trees shall be tree(s)
of native or non-native species and shall be planted according to ISA best management
practices, and to ANSI A300 Standards as published in the most current edition of ANSI
A300, The American National Standard for Tree Care Operations— Tree, Shrub, and Other
Woody Plant Maintenance — Standard Practices. When more than ten (10) trees are
installed as replacement trees, a diversity of species shall be required as per the Tree
Species Diversity Chart, below.
a) Tree species diversity chart.
TABLE INSET:
Required number of trees Required minimum number of species
01--20 2
21--50 4
51 or greater 6
The number of trees of each species planted shall be proportional to the number of species
required. A minimum of fifty (50) percent of all replacement trees planted shall be native to
Miami-Dade County, and no more than thirty (30) percent of the replacement trees shall be
Palms. Palms may be installed only to replace palms. When trees native to South Florida are
removed, all replacement trees for such native trees shall be native to South Florida. South
Florida is geographically defined as the Southern tip of Florida South of Lake Okeechobee and
includes hardiness zones 10 & 11.
3. Prohibited species. Replacement trees shall not be required for the removal of any
p rohibited species, and no fees shall be charged for removal of prohibited species.
However, Miami Beach Historic Preservation Board approval is required before any
14
Specimen tree, including prohibited species, is removed from public or private property
within a designated historic district.
4. Tree quality. Trees installed as replacement trees in accordance with this section shall
conform to, or exceed, the minimum standards as Florida Number One or better as provided
in the most current edition of "Grades and Standards for Nursery Plants, Part l and
ll," prepared by the Florida Department of Agriculture and Consumer Services. Trees shall
be planted according to ISA best management practices and ANSI A300 Standards as
published in the most current edition of ANSI A300, The American National Standard for
Tree Care Operations — Tree, Shrub, and Other Woody Plant Maintenance — Standard
Practices.
5. Off-site replacement trees. In those circumstances that the total number of trees required as
replacement trees cannot be reasonably planted on the subject property, the applicant may
enter into an agreement with the City, to plant the excess number of replacement trees on
an approved alternate location of publicly owned land or publicly accessible parcel.
6. City of Miami Beach Tree Preservation Trust Fund. In those circumstances that the total
number of trees required as replacement trees cannot be reasonably planted on the subject
Property, and there is insufficient planting space available at a Public Works Department
approved alternate location(s) of publicly owned land or publicly accessible parcel, the
applicant shall contribute to the City of Miami Beach's Tree Preservation Trust Fund in
accordance with the tree trust fund contribution chart below
for each tree required as replacement trees in accordance with
Sec. 46-612. The fee allocated to the Tree Preservation Trust Fund may be reviewed
Periodically by the City Commission to reflect cost of livinq adjustments and/or market
conditions, and may be modified by approval of the City Commission. In establishing and
reviewing fees, the City shall consider the cost of material, labor, transportation, planting,
watering and mortality rate of replacement trees.
a) Tree trust fund contribution chart.
6-
TABLE INSET:
Canopy type Contribution amount
IRegular tree canopy replacement Forty dollars ($40) per 100 square feet
Specimen tree canopy replacement Eighty dollars ($80) per 100 square feet
e= Completion. The replacement tree process must be completed prior to the issuance of a
certificate of occupancy or temporary certificate of occupancy, and in accordance with the
specific conditions set forth and identified in the tree work permit.
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Sec. 46-6a. Tree preservation and protection requirements, root cuftinq,=wW tree
relocations and tree pruning.
1. Tree protection requirements during construction
a. General. All reasonable steps shall be taken to prevent the destruction or damaging
of trees for which no tree work permit has been issued during site development and
construction on private or public property. Any owner, tenant, contractor or agent
thereof who fails to provide tree protection, as set forth herein, shall be subject to
enforcement as provided in Sec. 46-678. Trees destroyed or incurring maior damage
must be replaced by trees of equal environmental value, as specified by the Public
Works Department, prior to the issuance of the certificate of occupancy or certificate
of use, unless removal of the trees has been authorized pursuant to a tree work
permit. Tree protection zones must be established for all trees that remain in place
on site and for any trees relocated within or to the site. When proposed development
activities may damage the root systems or canopies of trees to be retained or
relocated on site, alternatives to the proposed activities, or effective protective
measures, shall be identified and used.
b. Permit/construction drawings. All permit and construction drawings of the site shall
show the tree protection zones, as prescribed by the Public Works Department, as
shaded areas that are accurately drawn to scale and labeled as such on the
drawings. The tree protection zones shall be shown on all drawings that include any
underground utility installations, including but not limited to, irrigation, plumbing,
electrical, telecommunication or streetlight lines. The tree protection zones shall be
shown on all drawings that include structural installations that will require
excavation(s), and for above-ground installations that may include, but is not limited
to, such as walkways, street lights, overhead wires or other types of infrastructure.
2. Tree protection specification onts
The following tree protection, specifications must be
adhered to as a condition of approval of the site plan for any project. The Urban Forester
may require supplemental protection measures to ensure the protection of trees. The
Urban Forester shall have the authority to enter the subiect property to ensure
compliance with required tree protection measures.
a. Protective Barriers
i) Placement. Protective barriers shall be placed at the drip line of each tree,
cluster of trees, or preservation area, and in no case less than ten (10) feet
from the trunk of any protected tree, tree cluster or preservation area. In
situations where trees have been transplanted to the project site, the
protective fencing shall be placed no closer to the tree than a point one to two
feet outside the root ball, or at the drip line, whichever is greater. The fenced
tree protection zones shall be extended where necessary to protect tree
canopies roots. If trees are to be preserved in place and root pruning is
required to accommodate new construction, the root pruning locations shall
16
be identified and approved by the Public Works Department, and fencing
shall be installed one (1) to two (2) feet beyond the edge of the root ball. The
installation of the fencing shall be coordinated with any phased root pruning
that must occur. Tree maintenance measures must be in place prior to any
root pruning or transplanting.
ii) Timing and Duration. All protective barriers shall be installed prior to the start
of any construction or site development, including tree removal, demolition or
land-clearing activities, and shall remain in place throughout all phases of
construction. Protective barriers shall be maintained in place until
development is completed, and shall not be removed until the Public Works
Department inspects the site and authorizes their removal.
iii) Barrier Specifications. Sturdy temporary barriers shall be installed around all
tree protection zones. Barriers shall be a minimum of four feet high, and shall
be constructed of continuous chain link fence with metal posts at 8-foot
spacing, or of two-by-four-inch posts with three equally spaced two-by-four-
inch rails. Posts may be shifted to avoid roots.
b. Activities Within Tree Protection Zones Enclosed By Protective Barriers
i) Understory plants within areas surrounded by protective barriers shall be
protected.
ii) No oil, fill, equipment, building materials, building debris, or any other material
shall be placed within the areas surrounded by protective barriers.
iii) No disposal of any waste material such as paints, oils, solvents, asphalt,
concrete, mortar, or any other material shall occur within the areas
surrounded by protective barriers.
iv) Natural grade shall be maintained on areas surrounded by protective barriers.
In the event that the natural grade of the site is changed as a result of site
development such that the safety of the tree may be endangered, tree wells
or retaining walls are required.
v) Only hand digging and grading activities will be permitted within the tree
protection zone. All surrounding areas must be graded to a point that meets
the outside of the tree protection zone
vi) Underground utility lines, including, but not limited to, irrigation, plumbing,
electrical, or telecommunication lines, shall be placed outside the areas
enclosed by protective barriers. If such placement is not possible, disturbance
and root damage shall be minimized by using techniques such as tunneling,
hand digging, excavation with an air spade, or the use of overhead utility
lines.
vii) No vehicles or equipment shall be permitted within areas surrounded by
protective barriers
c. Fences, walkways and walls shall be constructed to avoid disturbance to any
tree to remain in place onsite in the vicinity of construction activities. Post
holes and trenches located close to trees shall be dug by hand and adjusted as
necessary, using techniques to avoid damage to major roots system.
No attachments or wires other than those of a protective or non-damaging nature
shall be attached to any trees during site development or construction.
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17
3. Root cutting
The cufting of roots with a diameter of two inches or larger is prohibited, unless there is no
feasible ipiinn alternative, as determined by the Public Works Director or his/her
designee. The City may require that construction activities, such as trench lines and walkway
construction, be redirected away from tree root zones.
Root cutting shall be done according to approved techniques as outlined herein:
a. Trees shall be evaluated by the Urban Forester to determine whether the root cuftinq
will destabilize the tree or cause unacceptable damage to the tree.
b. Root cuts shall be made, at minimum, a distance from the trunk equivalent to three
times the tree's trunk diameter at 4.5 feet above ground '^ unless unavoidable
because of sidewalks, pavement, or other infrastructure. Root cuts must be made at
a distance from the trunk equivalent to five times the tree's DBH or greater in all
other circumstances.
c. Roots may not be torn off with power equipment, and cut roots shall not be left with
ripped, ragged or shredded ends. Roots must be cleanly severed with sharp hand
tools or power root saws.
d. When tunneling or otherwise avoiding roots is not possible, the trench shall be
carefully excavated by hand or machine and, when a root with a diameter of 2 inches
or greater is encountered, a final clean cut shall be made with a saw. The cut shall
be made flush with the side of the trench closest to the tree. The root pruning trench
shall be backfilled with soil.
e. When adjacent to new curbing, uncurbed paved areas, or areas of grade changes,
roots shall be cut no more than 18 inches towards the tree from the back of the curb,
the edge of the pavement, or the point of intersection of old and new grades,
respectively. After root pruning, no excavation for the installation of forms or for any
other reason may be performed any closer than six inches outside of the root pruning
cut. The root pruning trench shall be backfilled with soil.
4. Tree relocations
a. Irrigation must be present and applied effectively for two to four weeks prior to root
pruning, through the period of root pruning, and after root pruning and
transplantation until the tree has been completely reestablished at the new planting
space. Irrigation shall be operated automatically with water being applied directly to
and iust outside of the remaining intact root system. Watering frequency shall be
such so as to insure that free water is available to the root system at all times. Any
temporary disruption in automatic operation shall be supplemented by hand
watering.
b. There should be no canopy pruning or a minimum of canopy pruning before or after
root pruning. Dead, diseased or damaged branches shall be pruned at this time.
c. The root system of a tree to be relocated shall be well-watered before the tree is dug
and lifted to ensure that the tree is properly hydrated, and to improve cohesiveness
of the root ball.
d. All ply transplanting and relocating of trees or palms shall, be done in
compliance with standards set forth in the most recently published edition of the
American National Standards Institute ANSI A-300 Standards. This requirement
includes all procedures, techniques, standards for minimum root ball size, and any
other standards included in ANSI A-300 Standards.
18
de. Relocated trees shall be braced in such a fashion as to not scar, penetrate.
f perforate, or otherwise inflict damage to the tree.
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5. Tree arunina
Tree pruning is to be performed in accordance with ANSI A-300 Standards and good
horticultural practices. Hatracking, girdling, spiking or any other pruning activities that effectivel
destroy a tree(s) are prohibited. The City may require that construction activities minimize
negative impacts o tree cano
q p
Tree canopy removal of greater than 25% may only be considered under the following criteria
as outlined herein:
a. The tree is located in the proposed building footprint area or yard area where a
structure or improvement shall be placed and unreasonably restricts the permitted
use of the property. Trees located in the property frontage (within the City of Miami
Beach's required setback), shall not be considered to be located within the building
footprint or yard. Trees on the public right-of-way shall not be considered for removal
of more than 25% of a tree's canopy as a result of restriction to or from ingress or
egress to the garages or parking on the site, provided however, that if there is no
other reasonable access to and from the structure or to the property from the public
right-of-wavy, as determined by the Public Works Director or his/her designee.
Authorization to remove more than 25% of a tree's canopy including right-of-way
trees must be received prior to issuance of a building permit.
b. The tree is diseased or damaged: creates hazardous conditions: interferes with utility
service: creates unsafe vision clearance: or materially impairs the structural integrity
of an existing structure.
c. If tree pruning is required to facilitate a construction project, the Public Works
Department may require that the property owner provide a written report from an ISA
Certified Arborist and or ASCA Registered Consulting Arborist before making any
determinations in coniunction with this Section. The Public Works Department may
also require monitoring by an ISA Certified Arborist and or ASCA Registered
Consulting Arborist during construction to assure proper tree pruning practices are
implemented.
Exceptions to the requirements of subsections (1) and/or (2) and/or (3) of this section shall be
approved only when the property owner receives specific written authorization from the Public
Works Director. The Public Works Director shall not issue written approval, unless the Public
Works Director determines that the affected trees can be adequately protected and maintained
without meeting the requirements of theseis subsections, or that, due to exceptional
circumstances, it is not practical or reasonable to meet the requirements of this section.
Sec. 46-6-34. Heritage trees.
1. Designation: Heritage L-Trees shall be those trees or grouping of trees designated by a
resolution of the City Commission in recognition that the trees or grouping of trees are of unique
or intrinsic value to the general public. Trees of any species, including prohibited species, may
19
be designated as Heritage trees, provided they meet the required criteria. Trees may be so
designated, if one of the following criteria applies:
a. It is an historic tree or grouping of trees, of notable historical interest and value to the
City of Miami Beach because of its or their location or historical association with the
community.
b. It is a tree or grouping of trees of high value to the community because of its or their
species, size, age, location, distinctive form, exceptional characteristics, ecological
value, aesthetic value or other relevant criteria.
c. It is a champion tree or grouping of trees, identified by the State of Florida Division of
Forestry as being the largest of its species within the state or by the American
Forestry Association as being the largest of its species in the United States or the
world.
Designations can be initiated by any person with the written consent of the property owner(s) of
such tree(s) by making an application to the Public Works Department or, on City owned
Property by the City. Designation requests shall be reviewed by the Public Works Director, and
those trees meeting the requirements of this section shall be presented to the City Commission,
which shall decide whether to designate a tree(s) as a Heritage t Tree. The designation of any
prohibited species as a Heritage tree, requires the issuance of a variance from Section 24 of the
Code of Miami-Dade County, Florida, and shall be obtained prior to the City Commission
Designation. The City Clerk shall notify the property owner(s) in writing of the designation by the
City Commission of the Heritage tree. A listing of designated Heritage Trees, including the
specific locations thereof, shall be kept by the Public Works Department.
2. Protection:Any tree or grouping designated as a Heritage tree shall be subject to the
provisions of this Code.
a. All areas within the drip-line of a Heritage tree shall be protected from any activity
that may disturb or injure the tree.
b. Prior to the commencement of any development activities or other potentially
disturbing activities that may impact a Heritage tree, and for the duration of such
activity, protective barriers required by Sec. 46-623. Root cutting and tree relocations
shall be placed a minimum of fifteen (15) feet from the trunk of the tree or at the drip-
line of the tree, whichever is -greater.
c. Where development activity or other potentially disturbing activity is permitted within
the drip-line of a Heritage t-Tree, the Urban Forester may require additional protection
provisions to be incorporated in the conditions of the permit to assure protection of
the Heritage Tree.
d. A variance of the required minimum front, rear, and side-yard setbacks may be
granted to allow the preservation of Heritage trees.
3. Removal: No tree work permit shall be issued for removal of a Heritage tree without a
written evaluation by an ISA Certified Arborist and or ASCA Registered Consulting Arborist
demonstrating that removal is necessary to avoid an immediate peril to life and/or property,
and/or the tree is dead, non-viable, or deteriorated to the point that removal is warranted.
Furthermore, the tree work permit shall not be issued until the Urban Forester evaluates the
tree and determines that removal is necessary. Removal of Heritage trees must be
approved by the City Commission and the replacement shall be determined by the City
Commission.
Sec. 46-645. Specimen tree standards.
20
1. Specimen trees. Specimen trees that have not been classified as prohibited species shall be
preserved whenever reasonably possible. The Public Works Department shall consider all of
the following factors in evaluating an application for the renewal of Specimen tree(s):
a. Size and configuration of the property, and
b. Size and configuration of any proposed development; and
c. Location of the tree relative to any proposed development, and
d. Whether or not the tree can be preserved under the proposed plan or any
alternative plan, and
e. Health, condition and aesthetic qualities of the tree, and
f. Whether the tree poses a threat to persons or property.
2. Alternate plans. If, upon review of the factors enumerated in Section 46-59, the Public
Works Department determines that a Specimen tree cannot reasonably be preserved under
the proposed plan, the applicant may be required to provide an alternate plan when
feasible, which shall include preservation of the Specimen tree and design alterations
consistent with the scope and intent of the initially-proposed plan. Alterations consistent
with the scope and intent of the initially-proposed plan may include, but shall not be limited
to:
a. An adiustment of building orientation on a site.
b. An adjustment of lot lines within a site proposal for more than one (1) lot when
such adjustment will not cause an unreasonable loss of usable space. An
applicant shall have the burden of proof in the determination of what constitutes
an unreasonable loss of usable space.
3. Specimen tree relocation. If preservation of the Specimen tree and any alternate design
consistent with the scope and intent of the initial plan are mutually exclusive, then the
Public Works Department may issue a permit to relocate the Specimen tree. If the tree
removal permit requires relocation, then the applicant shall be required to relocate the tree
in accordance with the standards set forth in Section 46-623.
4. Removal of Specimen trees. If relocation of the Specimen tree is not reasonably possible,
due to the size, health, location, species or any other factor, then a permit may be issued for
removal, and tree replacement shall be required.
5. Replacement requirements for Specimen trees. As a condition of the issuance of a tree
removal permit for the removal of a Specimen tree, tree replacement requirements shall be
twice those specified in Section 46-612. In the event that replacement tree installation is not
feasible on-site, then alternative off-site replacement shall be required on City approved
Publicly owned land or publicly accessible parcels. In the event that there is insufficient
planting space available at a City approved offsite location, there shall be an equitable
contribution to the City of Miami Beach Tree Preservation Trust Fund for double the amount
pf C4 Q00 for each tree required as replacement trees in accordance with the
Section 46-612.
6. Exemptions from Specimen tree replacement requirements. An applicant may be exempt
from the Specimen tree replacement requirements of Section 46-64i but subject to the tree
replacement requirements in Section 46-612, under the following circumstances:
a. The submittal of a tree appraisal report or tree risk assessment report from a
landscape architect registered in the State of Florida, ISA Certified Arborist or an
21
ASCA Registered Consulting Arborist that states that a Specimen tree, due to
disease, condition, growth habit or any other reasonable botanical factor, does
not provide the aesthetic or environmental contribution associated with a
Specimen tree. The report shall include the specific reason(s) for the claimed
exemption from the provisions of Section 46-64§; or
b. When preservation of the Specimen tree would cause a foreseeable risk to
Property, or
c. When a site contains more than one (1) Specimen tree, and fifty (50) percent or
more of the existing Specimen trees and at least fifty (50) percent of the existing
Specimen tree canopy area is preserved, or
d. Specimen tree exemptions approved by the Urban Forester.
Sec. 46-6-,%. City of Miami Beach Tree Preservation Trust Fund.
1. Establishment of trust:There is hereby created the Miami Beach Tree Preservation Trust
Fund (the "Trust") for the purpose of accepting and disbursing the replacement fees paid to the
City of Miami Beach as part of tree work permits and any other monies deposited with the Public
Works Department for tree preservation purposes. This fund shall solely be used for the planting
of trees on publicly owned land in the City of Miami Beach, and any other ancillary costs
associated with the planting, establishment or preservation of trees.
2. Term of existence:The Trust shall be self-perpetuating from year to year, unless specifically
terminated by the City Commission.
3. Trust assets: All monies received hereunder from public or private concerns shall be placed
in trust for and inure to the use and benefit of the City of Miami Beach. These funds shall be
expended, utilized and disbursed only for the planting, establishment or preservation of trees as
designated in this division, by the Public Works Department on publicly owned land, and upon
approval of the City Commission. Trust funds will be used to obtain trees, landscaping, irrigation
systems, and any other items or materials necessary and proper for the preservation,
maintenance, relocation or restoration of trees and the urban forest on any publicly owned land
in Miami Beach.
4. Trust administration:
a. Trust funds shall be expended, utilized and disbursed by the Public Works
Department, upon approval of the City Commission, for the purposes designated in
this section.
b. All funds deposited hereunder shall be deposited in the Trust, which must be a
separate account established and maintained from the general revenue funds and
accounts of the City.
c. The funds obtained hereunder may be accepted on behalf of the City by the City
Manager, who shall promptly deliver to the Department of Finance, which shall cause
the same to be credited to the Trust.
d. The Trust funds will be used to obtain trees, landscaping, irrigation systems, and any
other items or materials necessary and proper for the preservation, maintenance,
relocation or restoration of trees and the urban forest on any publicly owned land or
Publicly accessible parcels in Miami Beach. These funds may also be expended by
the City of Miami Beach for the Adopt-a-Tree Program, or similar program approved
by the City Commission.
22
Sec. 46-66-7. Trees constituting a public nuisance.
1. Any tree, dead tree or tree stump upon any parcel of land within the City of Miami Beach
which imminently threatens or endangers the public health, safety or welfare, or which
the Urban Forester determines to be a threat to the City of Miami Beach's urban forest
due to an untreatable disease or infestation, is declared a public nuisance.
2. Trees or other woody plant species, on property bordering on any street, which obstruct
the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct sight
lines at any street or alley intersection are declared a hazard.
3. It shall be the duty of any person owning or occupying real property on which there may
be nuisance trees, dead trees, stumps or hazards as described in subsection (1) /or (2)
to remove when corrective pruning or treatment cannot alleviate the hazard or nuisance,
correctively prune in accordance with American National Standards Institute A-300
Pruning Standards (part 1), or treat those hazards and nuisances in such manner as to
eliminate the threat to public safety or the possibility of infecting or infesting surrounding
plant life. Canopy mitigation shall be required in accordance with Sec. 46-612 Tree
Replacement and Sec. 46-64§, Specimen Tree Standards, as applicable.
4. The owner must remove, correctively prune, or treat such tree, dead tree or stump no
later than ten (10) days after receipt or posting of the aforementioned Notice of Violation.
The City may remove, correctively prune, or treat the same or have the same removed,
correctively pruned or treated and the exact cost thereof shall be assessed to the owner
should the hazard or nuisance not be corrected.
Sec. 46-6a. Enforcement/civil remedies.
I
Enforcement and Penalties.
(a) Civil fine for violators. The following civil fines shall be imposed for a violation of
Section 46-59, for those violations incurred for not obtaining a Tree Work Permit:
(1) First offense committed within a 12 month period -$1000.00;
(2) Second offense within a 12 month period -$2000.00;
(3) Third offense and subsequent offenses within a 12 month period -$3000.00.
(b) Civil fine for violators. The following civil fines must be imposed for a violation of this
Division, except for those penalties set forth in subsection (a):
(1) First offense within a 12 month period- $500.00;
(2) Second offense within a 12 month period -$1000.00;
(3) Third offense and subsequent offenses within a 12 month period- $1500.00.
(c) Enforcement. The Code Compliance Department shall enforce the provisions of this
Division. This shall not preclude other law enforcement agencies or regulatory bodies
from any action to assure compliance with this Division, and all applicable laws. If an
enforcing officer finds a violation of this Division, the officer may issue a Notice of
Violation to the violator. The Notice of Violation must inform the violator of the nature
of the violation, amount of fine for which the violator is liable, instructions and due
date for paying the fine, notice that the Violation may be appealed by requesting an
administrative hearing within ten days after service of the Notice of Violation, and
that failure to appeal the violation within the ten days, shall constitute an admission
23
of the violation and a waiver of the right to a hearing.
Rights of violators; payment of fine, right to appear; failure to pay civil fine or to
appeal.
A violator who has been served with a Notice of Violation must elect to either:
a. Pay the civil fine in the manner indicated on the Notice of Violation; or
b. Request an administrative hearing before a special master to appeal
the Notice of Violation, which must be requested within 10 days of the
issuance of the notice of violation.
The procedures for appeal by administrative hearing of the Notice of Violation
shall be as set forth in Sections 30-72 and 30-73 of the City code.
If the named violator, after issuance of the Notice of Violation, fails to pay the
civil fine, or fails to timely request an administrative hearinq before a special
master, the special master may be informed of such failure by report from the
officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period must constitute a waiver of the violator's
right to an administrative hearing before the special master, and must be
treated as an admission of the violation, which fines and penalties to be
assessed accordingly.
A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
Property owned by the violator, which may be enforced in the same manner
as a court judgment by the sheriffs of this state, including levy against the
violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes.
Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
The Special Master shall be prohibited from hearing the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearing, if the violator has failed to request the administrative
hearing within ten (10) days of the issuance of the Notice of Violation.
M The Special Master shall not have discretion to alter the penalties prescribed
in Subsections 46-678(a) and (b) herein.
(e) Enhanced penalties. The following enhanced penalties shall be imposed, in addition
to any mandatory fines set forth in subsections (a) and (b) above, for violations of
this Section:
Enhanced Penalties for Subsection (a):
(a) The tree work activity must be immediately terminated, upon confirming a
violation has occurred, by the Miami Beach Police Department and the
Public Works Department.
Violations for subsection (a) shall be issued to the property owner and the
24
tree services company, who shall be joint and severally liable for the
violation.
(c) The Public Works Department shall decline to issue a Tree Work Permit
to such person, individual, entity, business, company or any affiliates that
have violated this Section within a three (3) month period. The prohibition
from receiving the Tree Work Permit shall be for a three (3) month period
of time.
Enhanced Penalties for Subsection (b):
(a) If the offense is a fourth offense within the preceding 12 month period of
time, in addition to the fine set forth in subsection (b), the property owner,
tree services company permittee or any affiliates shall be prohibited from
receiving a Tree Work Permit for a three (3) month period of time.
If the offense is a fifth offense within six (6) months following the fourth
offense, in addition to any fine set forth in subsection (b), the property
owner, tree services company permittee or any affiliates shall be
prohibited from receiving a Tree Work Permit for a six (6) month period of
time. The property owner, tree services company or permittee shall be
deemed a habitual offender.
(c) The Public Works Department may decline to issue future Tree Work
Permits to such person, individual, entity, business, company or any
affiliates that have been deemed habitual offenders pursuant to this
section for a period of up to one year.
GO
Secs. 46-64- 68�-46-90. Reserved.
Editor's note Or-d. 1TT. 2000 32 Ged NeveTI ber-8, 2000, r-epealed the fe fmor
25
7 No 9✓
2844, § 3, adopted April 21 SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 19 day of hove-m be r ,
ATTEST: �j�1 F3 PHILIP LEVIN R
IN rn
R ORATED:
RAF EL GRANADO, CITY � K
APPROVED AS TO FORM &
cH 2 a LAN GE & R LECUTION
City Attorney D d to
Underscore denotes new language
denotes stricken language
Red Print and Double Underscore denotes new language between first and second
reading
denotes stricken language between first and
second reading
11/13/2014
26
COMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE II, "CARE AND MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION
2, "TREES"; TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLIOAB4L.ITY AND
EXEMPTIONS AND PROHIBITED SPECIES; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; IMPOSING CRITERIA AND CONDITIONS FOR TREE REMOVAL
AND RELOCATION; TREE REPLACEMENT; TREE PRESERVATION AND PROTECTION REQUIREMENTS;
DEFINING AND PROTECTING HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI BEACH TREE
PRESERVATION TRUST FUND; REGULATING TREE SERVICES—AND—ARBOR;STS; DEFINING TREES
CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR APPEALS; .ENFORCEMENT AND CIVIL
REMEDIES; PROHIBIT€O--SPE--Eft€€; DUTIES AND AUTHORITY OF THE URBAN FORESTER; AND
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY;AND AN EFFECTIVE DATE.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc: n/a
Item Summa /Recommendation:
The City of Miami Beach (City) adopted the current version of the Article 11. Care and Maintenance of
Trees and Plants Division 2 Trees code on November 8, 2001. Since that time there has been
substantial positive growth of the City's urban forest. A major reforestation effort was approved and
initiated in FY 2006/2007. This effort, combined with neighborhood tree installations associated with
ongoing CIP projects, has resulted in 10,000+ reforestation trees in the City's streetscapes, parks and
other public spaces.
The primary goal for any urban forestry program is sustainability. In order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance. The present City tree code lacks adequate specifications and is therefore not
officially recognized. The tree code has been redrafted to incorporate many of the tenets present in
the current Miami Dade County tree preservation and protection ordinance, with additional
specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised
code will allow for an official exemption from the County tree removal permitting regulations, and also
provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review and
commenting from the County RER Tree Program, and has received initial approval for compliance
with the minimum requirements for exemption from the County Environmental Code. We are currently
in final review stages with the County RER Tree Program. Should the Commission approve the
Ordinance on Second Reading, approval will be sought from the County prior to implementation.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING
PUBLIC HEARING.
Advisory Board Recommendation:
This item was presented at the April 25, 2014 Neighborhoods/Community Affairs Projects Committee
for discussion and further direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for approval.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director. Assis it Manager. anager
ETC T
tAagenda\2014\november\pub1ic works\tree ordinance-sum. ocx
AGENDA ITEM P57C-
MIAMIBEACH DATE s 9
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales, City Manager SECOND READING
DATE: November14, 2014
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY
CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II, "CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLICABILITY
ITY
AND EXEMPTIONS AND PROHIBITED SPECIES; PERMITTING APPLICATION
REQUIREMENTS, NOTICE AND PROCEDURES FOR OBTAINING PERMITS;
IMPOSING CRITERIA AND CONDITIONS FOR TREE REMOVAL AND
RELOCATION; TREE REPLACEMENT; TREE PRESERVATION AND
PROTECTION REQUIREMENTS; DEFINING AND PROTECTING HERITAGE AND
SPECIMEN TREES; ESTABLISHING A MIAMI BEACH TREE PRESERVATION
TRUST FUND; REGULATING TREE SERVICES WRISTS; DEFINING
TREES CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR APPEALS;
ENFORCEMENT AND CIVIL REMEDIES; PROHIBITED SPECIES; DUTIES AND
AUTHORITY OF THE URBAN FORESTER; AND PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on the Second Reading and official
adoption once final Miami Dade County approval has been obtained.
BACKGROUND
The City of Miami Beach (City) adopted the current version of the Article ll. Care and
Maintenance of Trees and Plants Division 2 Trees code on November 8, 2001. Since that time
there has been substantial positive growth of the City's urban forest. A major reforestation effort
was approved and initiated in FY 2006/2007. This effort, combined with neighborhood tree
installations associated with ongoing CIP projects, has resulted in 10,000+ reforestation trees in
the City's streetscapes, parks and other public spaces.
The primary goal for any urban forestry program is sustainability. In order to adequately, protect
and increase the value of the urban forest the development of a strong tree ordinance is of
paramount importance. The City is currently subject to the Miami Dade County (County) tree
preservation and protection ordinance. The present City tree code lacks adequate specifications
and is therefore not officially recognized. The tree code has been redrafted to incorporate many
of the tenets present in the current Miami Dade County tree preservation and protection
ordinance, with additional specifications uniquely tailored for the City of Miami Beach's urban
Tree Ordinance-Memo
November 19, 2014 Page 2 of 3
forest. Adoption of the revised code will allow for an official exemption from the County tree
removal permitting regulations, and also provide a potential urban forest management funding
source.
A discussion related to the City's tree ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee (NCAC) for further direction. At this
meeting, the Committee recommended moving forward with a draft Ordinance to the full
Commission.
The Tree Ordinance was heard at the July 23, 2014 Commission Meeting as a First Reading. It
has since then, remained Open and Continued.
ANALYSIS
Key Revision Changes From 1St Reading to 2nd Reading:
Public Works has attached a detailed explanation of the changes but the key revisions are
provided below:
• The regulation of tree services and arborists has been removed, as this section
would be better served for incorporation as a stand-alone ordinance to be
brought forward at a future date solely for this purpose.
• Changed the definition of Protected tree and all references have been replaced
with Non-Specimen tree for simplicity and to eliminate confusion. There are now
only three classes of trees: Heritage tree, Non-Specimen tree and Specimen
tree.
• Changed the size for a Specimen tree from 9 inches diameter at breast height
(dbh) to 12 inches (dbh). A drastic improvement from the Miami Dade County
definition of 18 inches (dbh) while still offering added protection and flexibility for
trees located on single family property.
• Incorporated the 25% canopy removal and root pruning 2 inches in diameter or
above section guidelines into new and existing sections to further enhance the
definitions of what is prohibited, while simplifying the processes for obtaining
approval from the Public Works Department to conduct the requested work.
• Created a Tree Trust Fund contribution table that more accurately reflects the
current Miami Dade County guidelines regarding calculating a dollar figure
contribution equivalent in lieu of installing replacement tree canopy.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review
and commenting from the County RER Tree Program, and has received initial approval for
compliance with the minimum requirements for exemption from the County Environmental
Code. We are currently in final review stages with the County RER Tree Program. Should the
Commission approve the Ordinance on Second Reading, approval will be sought from the
County prior to implementation.
Tree Ordinance-Memo
November 19, 2014 Page 3 of 3
CONCLUSION
The Administration recommends approving the Ordinance on the Second Reading and
implementation once final Miami Dade County approval has been obtained.
Attachments: Revised Draft Tree Ordinance, Highlighted Ordinance Changes List
JM/MT/ /JPMW
TAAGENDA\2014\NovemberTublic Works\Tree Ordinance-MEMO.docx
Tree Ordinance Draft Revision Highlights 11/3/14:
• Sec. 46-56 definitions—Hatracking definition changed to allow for an internal
process in very select circumstances, where more than 25% of a tree's canopy
could be removed with City approval.
• Protected Tree definition changed to Non-Specimen Tree to alleviate confusion
in the code and to separately define those trees that are not considered Specimen
trees but still subject to tree work permit approval. All references to Protected
Tree changed to Non-Specimen tree in the remainder of the code.
• Specimen Tree definition changed from 9"dbh to 12" dbh. This is still a drastic
improvement from the County mandated 18" dbh, while offering added protection
for trees located on single family property.
• Sec. 46-57 Purpose and Intent
• Removed references to Protected tree and added Specimen tree,Non-Specimen
tree and Heritage tree to simplify and eliminate confusion.
• Sec. 46-58 Scope, Exemptions and Prohibited Species
• Changed section title.
• Deleted duplicate code references and added Non-Specimen, Specimen and
Heritage trees to requiring tree work permits.
• Moved Prohibited Species from Sec. 46-70 into Sec. 46-58 where it is more
appropriate to be listed following exemptions.
• Sec. 46-59. Tree work permit application processing, requirements and review
• Delete lb and 1c, as lb is duplicated under Sec. 46-62 (3) Root cutting, and added
new Sec. 46-62 (5) Tree pruning which defines what acceptable pruning is and
outlines a process whereby a property owner can obtain approval for removal of
greater than 25% of a tree(s) canopy from the Public Works Director or his/her
designee.
• 2b- Revised: "indicating the approximate location and disposition of the tree(s)
not necessarily prepared by a licensed professional." Changed to allow for simple
site sketches to be submitted by a property owner without the need or expense of
employing a licensed professional.
• 3. Review of Application- Deleted unnecessary language pertaining to outside
Department/Divisional reviews that are covered under their own separate code
sections.
• 4. Notice- Eliminated this Section as notice of an application decision can be
accomplished without requiring an official posting onsite saving significant
staffing time (email,phone call etc.).
• 7. Final Inspection- Language revised to allow for an exemption to be granted for
replacement or relocated trees located offsite if approved by the Public Works
Department.
• Sec. 46-60. Criteria and conditions for Non-Specimen tree removal and
relocation.
• 1. Changed Section title and all subsections incorporating Non-Specimen
designation.
• Sec. 46-61. Criteria and conditions for the removal of more than 25%of a tree's
cano py or for cutting roots two inches in diameter or larger.
• Entire Section deleted as cutting roots is duplicated under Sec. 46-62 (3) Root
cutting, and added new Sec. 46-62 (5) Tree pruning which defines what
acceptable pruning is, prohibits bad pruning practices and outlines a process
whereby a property owner can obtain approval for removal of greater than 25% of
a tree(s) canopy from the Public Works Director or his/her designee. Simplified
process by removing tree work permit requirement and substituting determination
from the Public Works Department.
• Sec. 46-61 Tree Replacement
• 3. Added reference to Heritage tree replacement procedures.
• 6. Created new chart based on current Miami Dade County tree trust fund
contribution requirements ($40/100 square feet for regular trees and $80/100
square feet for Specimen trees) in lieu of the $1,000 per tree replacement figure.
• Sec. 46-62. Tree preservation and protection requirements,root cutting,tree
relocations and tree pruning.:
• Changed Section title adding Tree pruning.
• Moved 2 (e)under 4 Tree relocations and eliminated 2 (f) as this is redundant and
already referenced in Sec. 46-59 (7) Final inspection.
• Added new Sec. 46-62 (5) Tree pruning which defines what acceptable pruning is
and outlines a process whereby a property owner can obtain approval in limited
scenarios for removal of greater than 25%of a tree(s) canopy from the Public
Works Director or his/her designee.
• Sec. 46-63. Heritage Trees.
• Sec. 46-64 Specimen Tree Standards
• Minor updates to Sec. #'s.
• Sec. 46-65 City of Miami Beach Tree Preservation Trust Fund-
• No changes.
• Sec. 46-66 Trees constituting a public nuisance
• Minor updates to Sec. #'s.
• Sec. 46-67. Enforcement/civil remedies
• Minor updates to Sec. #'s.
• Sec. 46-69 Prohibited Species:
• Eliminated separate section and moved under Section 46-58.
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