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Ordinance 2019-4308 _ I ORDINANCE NO. 2019-4308 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, ENTITLED "CARE AND MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, ENTITLED "TREE PRESERVATION AND PROTECTION," BY AMENDING SECTION 46-56 THEREOF, ENTITLED "DEFINITIONS," TO DEFINE "ANSI A-300," "HEDGE," "HERITAGE TREE RECOGNITION PROGRAM," "PALM," "CLUSTERING PALMS," "PRUNING ALLOWANCE," AND "SHRUB," AND TO MODIFY THE EXISTING DEFINITION OF "TREE"; BY AMENDING SECTION 46-58, ENTITLED "TREE REMOVAL REQUIREMENTS, EXEMPTIONS, AND PROHIBITED SPECIES," TO REQUIRE DOCUMENTATION FROM AN ARBORIST CERTIFIED BY THE INTERNATIONAL SOCIETY OF ARBORICULTURE, A FLORIDA LICENSED LANDSCAPE ARCHITECT, OR AN ASCA REGISTERED CONSULTING ARBORIST, AND TO AMEND THE REMOVAL OF PROHIBITED SPECIES; BY AMENDING 46-59, ENTITLED "TREE WORK PERMIT APPLICATION PROCESSING, REQUIREMENTS, AND REVIEW," TO REQUIRE A TREE WORK PERMIT FOR CROWN PRUNING NOT IN ACCORDANCE WITH ANSI- A300 TREE CARE STANDARDS, TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR A TREE WORK PERMIT DISPLAY, AND TO CLARIFY TREE WORK PERMIT FEES; BY AMENDING SECTION 46-61, ENTITLED "TREE REPLACEMENT," TO REPLACE THE EXISTING TREE REPLACEMENT CHART AND CANOPY MITIGATION REQUIREMENTS WITH A TREE REPLACEMENT CHART BASED ON THE TOTAL DIAMETER IN INCHES OF ALL TREES TO BE REMOVED, TO MODIFY THE PERCENT OF TREES THAT CAN BE 'PALMS, AND TO ADD PROVISIONS FOR SOIL VOLUME REQUIREMENTS; BY AMENDING SECTION 46-62, ENTITLED "TREE PRESERVATION, AND PROTECTION REQUIREMENTS, ROOT CUTTING, TREE RELOCATIONS, AND TREE PRUNING," TO MODIFY THE TITLE AND TO REQUIRE THAT THE MAINTENANCE OF RIGHT-OF-WAY TREES AND PALMS SHALL BE THE RESPONSIBILITY OF THE ADJACENT PROPERTY OWNER; BY AMENDING SECTION 46-63, ENTITLED "HERITAGE TREES," TO MODIFY THE TITLE, APPLICATION CRITERIA, AND TO DEFINE THE HERITAGE TREE RECOGNITION PROGRAM BENEFITS; BY AMENDING SECTION 46-64, ENTITLED "SPECIMEN TREE STANDARDS," TO INCLUDE A PARTIAL MITIGATION REQUIREMENT OPTION FOR TRANSPLANTING TREES; BY AMENDING SECTION 46-67 ENTITLED "ENFORCEMENT/CIVIL REMEDIES," TO AMEND THE EXISTING CIVIL FINES AND PENALTIES; BY CREATING SECTION 46-68, TO BE ENTITLED "EXEMPTIONS FROM PROVISIONS OF THIS ARTICLE," TO PROVIDE FOR EXEMPTIONS IN REGARD TO PRUNING, TRIMMING, OR REMOVING DANGEROUS TREES; AND BY AMENDING SECTIONS 46-31, 46-57, 46-58, AND 46-59 TO PROVIDE FOR NON-SUBSTANTIVE TEXT AMENDMENTS, CLARITY, AND/OR CONSISTENCY WITH THE AMENDMENTS MADE IN THE AFORESTATED SECTIONS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, 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 and enhance policies, regulations and standards to ensure its residents and visitors enjoy the full benefits of a healthy, well-managed urban forest; and WHEREAS, revisions to Article II of Chapter 46 of the Code of City of Miami Beach (the "City Code"), entitled "Care and Maintenance of Trees and Plans" are necessary to further enhance protections afforded to trees in the face of climate change, evolving permitting needs, progressing operating conditions, and unexpected tree related challenges; and WHEREAS, the City seeks to enhance overall tree canopy coverage by requiring mitigation based on diameter at breast height ("DBH")table rather than canopy coverage; and WHEREAS, the City seeks to enhance tree preservation and protection by including requirements to preserve certain species which are labeled as prohibited through Chapter 24- 49.9. of Miami-Dade County Code; and WHEREAS, it is in the best interest of the City to set and revise the Tree Preservation Trust Fund contribution rates by resolution of the City Commission; and WHEREAS, the City seeks to increase the quality of tree pruning work conducted Citywide and to prevent instances of improper tree pruning by providing additional details on proper tree pruning methods; and WHEREAS, the City seeks to revise the Heritage Tree Designation process to speed up the overall designation process and encourage Heritage Tree Designation submittals; and WHEREAS, the City seeks to establish penalties and corrective actions that are compensatory in order to better protect the City's urban canopy; and WHEREAS, the City seeks to establish exemptions for pruning, trimming, or removing dangerous trees in accordance with the state law; and WHEREAS, the Mayor and City Commission hereby find that amending the existing tree preservation and protection regulations in the City Code are necessary 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 of Chapter 46 of the Miami Beach City Code is hereby amended as follows, with additional provisions provided for references purposes: CHAPTER 46 ENVIRONMENT ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS DIVISION 1. GENERALLY 2 Sec. 46-31. Harming vegetation. It shall be unlawful for any person to cut down, dig up, relocate, mutilate, despoil or destroy any flowers, shrubbery, trees or other plants in any street or other public highway, parkway, park or other public place within the city unless permission to do so shall have been first obtained in writing from the city urban forester, or engineer. Secs. 46-32-46-55. Reserved. DIVISION 2. -TREE PRESERVATION AND PROTECTION Sec. 46-56. Definitions. 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. ANSI-A300 (American National Standards Institute): Industry wide accepted standard for the practice of tree care. Arborist: An individual who is a specialist in the care and maintenance of trees and is a certified arborist by the International Society of Arboriculture (ISA). Caliper: A measurement of trunk diameter of nursery trees, measured six inches above the ground for trunks with a diameter of four inches or less, and 12 inches above the ground for trunks with a diameter larger than four 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 (ASCA). Critical root zone: The portion of the root system that extends ten feet from the trunk of the tree, or as adjusted by the urban forester or his/her designee, as may be determined by an individual tree assessment. DBH (diameter at breast height): The measurement of a tree's trunk diameter taken four _ and one-half feet above the ground. The measurement of those trees with multiple-trunks shall be the sum of the diameters of all trunks at four and one-half feet above the ground. Drip-line: An imaginary vertical line running to the ground from the outer-most horizontal extension of a tree's canopy. Trees with canopies set off-center will be projected 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, 3 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: To flat-cut the crown of a tree by severing the leader or leaders; or to prune a tree by stubbing off branches three 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. Hedge:A row of evenly spaced shrubs or clustering palms planted to form a dense, continuous, unbroken visual screen. Heritage tree: A tree so designated by the environment and sustainability director after consultation with the urban forester 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. Palm: Monocotyledonous plant of the Palmacea family, having a single trunk with a minimum trunk diameter at breast height of six inches (6") and a minimum overall height of sixteen feet (16'). 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. Clustering Palms: Those palms which normally sucker from the base such as Areca and Fishtail palm species. 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 tree: 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 private land, having no less than a three-inch DBH or ten- 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 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 (Part 1). 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 Environment and Sustainability Director or his/her designee, who shall be the urban forester. Shrub: A woody plant with multiple stems produced from the base and which normally grows to an overall height of less than ten (10)feet in Southeast Florida. 4 Specimen tree: A tree with an individual trunk that has a DBH of 12 inches or greater, or any multiple-trunk tree in which the sum of the diameters of all the trunks at DBH is 12 inches or greater. Includes palm trees with an overall height of ten feet or greater with multiple-trunks in which the sum of those trunks is 12 inches or greater. Spiking: 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: See Hatracking. Tree: Any self-supporting woody plant with a minimum trunk diameter at breast height of three inches and a minimum overall height of 12. This definition excludes plants which are defined as shrubs, hedges or vines. Use of the word "tree" throughout this Article will encompass both trees and palms, with the exception of Sections 46-61 and 46-63, where "tree" and "palm" are used according to their respective definitions in this Section. • • feet. This definition excludes plants which are defined as shrubs, hedges, vines, or ground cover-s-: 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 environment and sustainability 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. 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 electricity usage, ameliorate high urban temperatures, reduce stormwater 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: (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 heritages trees on public and private property. 5 (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. Sec. 46-58. Tree removal requirements, exemptions, and prohibited species. It shall be unlawful for any person, unless otherwise permitted by the provisions of this division, to perform any tree or palm removal work, or effectively destroy any non-specimen tree, specimen tree,OF heritage tree, or prohibited species located within the boundaries of the City of Miami Beach, on either public or private property, without first obtaining a tree work permit. (1) Exemptions. The following shall be exempt from the provisions of this division, and do not require a tree work permit: (a) Removal of non-specimen prohibited tree species. (b) Removal of dead trees or trees destroyed by an act of God. This exemption does not apply to any trees or palms that have died effectively destroyed through as a result of 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- with documentation from an arborist certified by the International Society of Arboriculture, a Florida licensed landscape architect, or an ASCA Registered Consulting Arborist. (d) Removal of trees within the yard area of an existing single-family residence in a single-family zoning district; provided the trees are non-specimen trees with a DBH of less than six three inches. • - -• - - -_- _ - _- • - -- - - - (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. (q) Removal of plants which are defined as shrubs, hedges, vines, or groundcover. (h) Removal of palms and clustering palms under 15 feet in overall height. (2) Removal of prohibited species. This division incorporates by reference the prohibited species list in chapter 24 of the Miami-Dade County Code as same may be amended 6 • from time to time. 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 a DBH greater than 12 inches, or have been designated as heritage trees, or are located in a designated historic district as so defined in section 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 shall be required for the removal of any prohibited species in accordance with City of Miami Beach Code sections 46-64(5) and 118-251. -- - - - - • -- • • - "••••• - 46 64(5). Final decisipns on canopy replacement for prohibited species shall involve review and approval from the environment and sustainability department. This list may be amended from time to time as set forth in section 24 49.9 of the Codc 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, including, without limitation, declaring a state emergency, 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 that no more than 25 percent of the crown or foliage is removed annually and that the pruning performed does not effectively destroy the tree. 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-specimen tree, specimen; tree, or heritage tree, or prohibited species with a DBH greater than 12 inches within the City of Miami Beach that is subject to review as specified in section 46-58. For crown pruning not in accordance with ANSI A-300 Tree Care Standards, incorporated herein by reference, or for any root pruning. 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 section 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. (2) Application requirements. The tree work permit application form, provided by the City's environment and sustainability department, shall be used when applying for all work requiring such permit under this division. -- •-- -• - -- - e• •• - -- • - - - 7 • The application shall include a written statement indicating the reasons for the removal or relocation of each tree 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, 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 plan sketch indicating the approximate location and disposition of the tree(s). (c) A tree replacement plan prepared in accordance with section 46-61. (d) The environment and sustainability 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. (3) Review of application. Upon receipt of a completed application, the environment and sustainability department shall review the application for compliance with the regulations as set forth in this division. Such review may include a field .inspection of the site. The environment and sustainability department shall issue an intended decision approving, denying or approving with conditions the application within 30 calendar days from the date the application is deemed completed. (4) Issuance of permit. The tree work permit, if approved by the environment and sustainability department, shall be issued. The property owner shall be responsible for insuring that the tree work permit information sign, as provided by the environment and sustainability department, is displayed until the authorized work is completed. Tree removal/relocation notification tags must be affixed to those permitted trees being removed and/or relocated for a minimum of 7 calendar days for non-specimen trees, 14 calendar days for specimen trees, and 30 days for heritage trees prior to their removal. If the permitted work is not completed within one year from the issuance date, the permit shall become subject to revocation. (5) Fees. Fees for tree work permits shall be established by the city commission and/of-the l resolution. Applications from government agencies or city projects with 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 months following the completion of the authorized work, the applicant shall schedule a final inspection with the environment and sustainability department for verification and acceptance of the final authorized work. The inspection shall 8 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 year after the final inspection. The final inspection requirements for replacement or relocated trees installed at off-site locations pursuant to section 46-61(5) shall require written approval from the environment and sustainability department. (7)Appeals. Appeals of application denials shall be made in writing within 15 days of the denial of to the environment and sustainability department director, or to his/her designee, whose ultimate decision shall be final. Sec. 46-60. Criteria and conditions for non-specimen tree removal and relocation. (1) Criteria for non-specimen tree removal. No tree work permit shall be issued for non- specimen tree removal from the site, unless one of the following criteria exists: (a) 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 environment and sustainability director or his/her designee the urban forester, this requirement shall be waived. All project drawings must include all existing trees on the private property and 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. (b) 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. (c)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 non-specimen trees. (a) The applicant may be required to redesign the project to preserve non-specimen tree(s) to ensure compliance with the scope and intent of this article.. (b) Where practical, as determined by the environment and sustainability director of t*/her designee, the urban forester, and non-specimen tree 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 environment and sustainability director - - -- .e —", -- - e- ' e - - determines it is not reasonably possible to relocate such non-specimen tree(s) either on- or off-site, because of age, type, size, or condition, the applicant shall be required 9 • to replace all non-specimen trees permitted to be removed in accordance with the tree replacement requirements in section 46-61. (d) The environment and sustainability 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 conjunction with this section. The environment and sustainability department may also require monitoring by an ISA Certified Arborist and or ASCA Registered Consulting Arborist during construction to assure non-specimen tree preservation. Sec, 46-61. Tree replacement. (1) Tree replacement chart. The tree replacement chart below, shall be used to determine the total number and size of trees that shall be planted as replacement trees for all trees permitted for removal. The replacement tree calculations are based on the total diameter in inches of all trees approved for removal. 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. TREE REPLACEMENT CHART Total diameter Total number of of tree(s) to replacement trees Total number of replacement required (where each trees required (where each be removed - Contribution to Replacement Tree is a ORReplacement Tree is a minimum OR (sum of Tree Trust Fund inches at minimum of 2 DBH x 6 of 4 DBH x 8 spread in Canopy DBH) spread in Canopy x 12' x 16' in height) in height) 2"-3" 1 or 0 or $1,000.00 4"-6" 2 or 1 or $2,000.00 7"-12" 4 or 2 or $4,000.00 13"-18" 6 or 3 or $6,000.00 19"-24" 8 or 4 or $8,000.00 25"-30" 10 or 5 or $10,000.00 31"-36" 12 or 6 or $12,000.00 37"-42" 14 or 7 or $14,000.00 43"-48" 16 or 8 or $16,000.00 49"-60" 20 or! 10 or $20,000.00 10 fAl If the sum of the diameter of trees to be removed exceeds a total of 60 inches, 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. i fill Up to 30 percent of the two-inch DBH replacement tree requirement may be met by planting native species within private property, with a minimum height of ten feet (10") and a minimum DBH of one and one-half inches at time of planting. The removal of a palm shall be replaced with one canopy tree at 12 feet (12') overall height with a two-inch (2") DBH. permitted to be removed. A tree replacement plan shall be submitted to the environment include the number of trees, number of species of trees and size of trees proposed for planting. The replacement trees arc based on the total square footage of the non specimen photography, on site inspection and or review of a submitted tree survey. Canopy measurement shall be rounded up to the nearest foot. Refer to section 46 64, specimen tree standards for tree replacement requirements for specimen trees and refer to section /16 63, heritage trees for replacement requirements for heritage trees. (a) Tree replacement chart. I Replacement Tree Category ((''a+onnpi 'I Troo 300 I Category 2 Tree 49 Category 3 Tree 48 fcategorY4Palrna-'_ The environment and sustainability department shall maintain a list of approved species for each category of replacement trees. 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 12 feet in height at the time of planting with a two inch to three inch minimum caliper. All category 2 trees minimum caliper. All category 3 trees shall be a minimum of eight feet in height at the time of (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 11 A300. The American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices. When more than ten 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. Required number of trees Required minimum number of species 01--2910 2 E 111-20 3 1 21 50 30' 4 131-40 5 41 or greater 6 The number of trees of each species planted shall be proportional to the number of species required. A minimum of 50 percent of all replacement trees planted shall be native to South Florida. Miami Dade County, and no more than 30 percent of the replacement trccs shall be •- •• - •- "- . e" • - "e e' . - . 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 and 11. (3) Prohibited species. Replacement may be is required for the removal of prohibited species in accordance with section 46-58(2) and no fees shall be charged for removal of prohibited species not designated as a specimen or heritage tree. However, Miami Beach Historic Preservation Board approval is required before any 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 I and II" 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) Soil Volume Requirements. Trees planted adiacent to or surrounded by impervious surfaces shall require the use of suspended pavement systems or approved alternative to achieve ideal uncompacted soil volume requirements to obtain optimal growth and health for the selected tree species. Requirements for soil volume shall be referenced within the City's Public Works Manual and or Urban Forest Masterplan. (5) (6) 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 12 1 j 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-)ID City of Miami Beach Tree Preservation Trust Fund. In those circumstances when 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 an environment and sustainability department approved alternate location(s) on publicly owned land or a publicly accessible parcel, the applicant shall contribute to the City of Miami Beach's Tree Preservation Trust Fund in accordance with the required contributions established by resolution of the city commission. The contribution amounts may be reviewed periodically by the city commission to reflect cost of living adjustments and/or market conditions, and may be amended by resolution of the city commission. In establishing and reviewing the contribution amounts, the city commission may consider the cost of material, labor, transportation, planting, watering and mortality rate of replacement trees. (4) 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. Sec. 46-62. Tree preservation and protection requirements, root cutting, tree relocations, and tree pruning, and tree maintenance. (1) Tree protection requirements, in general and 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 section 46-67. Trees destroyed or incurring major damage must be replaced by trees of equal environmental value, as specified by the environment and sustainability 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 environment and sustainability 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 specifications. The following tree protection specifications must be adhered to, in general, and as a condition of approval of the site plan for any project. The environment and sustainability department urban forester may require supplemental protection measures to ensure the protection of trees. The environment and sustainability director urban forester and his/her designee shall have the authority to enter the subject property to ensure compliance with required tree protection measures. 13 (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 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 be identified and approved by the environment and • sustainability department, and fencing shall be installed one to two 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 defined in • the general notes of the approved construction plans or a report from an ISA Certified Arborist and or ASCA Registered Consulting Arborist be in placc 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 environment and sustainability 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 eight-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 14 damage shall be minimized by using techniques such as tunneling, hand digging, 1 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) [Construction of fences, walkways and walls.] 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. (d) [Attachments prohibited.] No attachments, signs, chains, ropes, or wires other than those of a protective or non-damaging nature shall be attached to any trees on publicly owned or controlled property, in general, or during any proposed site development or • construction. (3) Root cutting. The cutting of roots with a diameter of two inches or larger is prohibited, unless there is no feasible alternative, as determined by the environment and sustainability 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 environment and sustainabilitv director urban forester to determine whether the root cutting 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 four and one-half 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 two 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 just outside of the remaining intact root system. Watering frequency shall be such so as to +ensure 15 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 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. (e) Relocated trees shall be braced in such a fashion as to not scar penetrate perforate or otherwise inflict damage to the tree. (5) Tree pruning. (a) 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 effectively destroy a tree(s) are prohibited. The city may require that construction activities minimize negative impacts to tree canopy. (b) Any tree service performing palm or tree pruning activities not solely limited to removal of dead palm fronds on private or public property within the city must have an individual present onsite to perform or oversee the work who is either an ISA certified arborist or an ASCA registered consulting arborist in good standing. (c) Trees shall be pruned in the following manner: (i) All cuts shall be clean, flush and at junctions, laterals or crotches. Cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub. Tree limb reduction cuts shall be the preferred option with tree limb removal cuts preformed only as a last resort. (ii) Removal of dead wood, cross branches, branches with poor angles of attachment and thinning of suckers shall be accomplished simultaneously without any reduction in crown. (iii) Pruning of lateral branches that results in the removal of more than one-third of all branches on one side of a tree shall not be permissible unless allowed per section 46-62(5)(c). (iv) Lifting of branches or tree thinning shall be designed to distribute over half of the tree mass in the lower two-thirds of the tree. (v) No more than 25 percent of a tree's living canopy shall be removed within a one- year period. (vi) Tree canopy removal of greater than 25 percent 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 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 16 shall not be considered for removal of more than 25 percent 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-way, as determined by the environment and sustainability director and his/her 1 designee the urban forester. Authorization to remove more than 25 percent of a tree's canopy including right-of-way trees must be received prior to issuance '1 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 environment and sustainability 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 conjunction with this section. The environment and sustainability 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. (6) Tree Maintenance: The Maintenance of right-of-way trees and palms shall be the responsibility of the adjacent property owner to maintain in accordance of subsection (5). (6) in Exceptions. 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 environment and sustainability director or his/her designee the urban forester. The environment and sustainability director or his/her designee the urban forester shall not issue written approval, unless he/she determines that the affected trees can be adequately protected and maintained without meeting the requirements of these subsections, or that, due to exceptional circumstances, it is not practical or reasonable to meet the requirements of this section. Sec. 46-63. Heritage trees Criteria and conditions for heritage tree designation and heritage tree removal and relocation. (1) Designation. Heritage trees shall be those specimen trees or grouping of specimen trees designated by the city environment and sustainability director the urban forester in recognition that the trees or grouping of trees are of unique or intrinsic value to the general public. In order for a specimen tree to be considered for heritage tree designation, the tree must be identified through an evaluation by a ISA certified arborist and or ASCA registered consulting arborist to be in good health and structural integrity as defined by the latest version of ANSI A300 part 9. Trees of any species, except for those trees defined as palms, including prohibited species, may be designated as heritage trees, provided they meet the required criteria. Trees may be so designated, if one of the following criteria lies: (a) It is an historic tree or grouping of trees, of notable documented historical interest significance 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 with exemplary representation of species' characteristics and of high value to the community because of its or their species, size, 17 age, location, distinctive form, exceptional characteristics, or ecological value_, aesthetic value or other relevant criteria. (c) It is a champion tree or grouping of trees.; A champion tree is defined 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 environment and sustainability department or, on city owned property by the city. Designation requests submitted through the tree work permit application shall be reviewed by the environment and sustainability director and his/her designee, the urban forester, and those trccs meeting the requirements of this section shall be - e" .e'- "e - -- . --- -- . 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; --e - -- -- - - •- - -- - ' e-••-• -•e - -••-e• • ---- •e - - . The environment and sustainability department shall waive the tree work permit fee and shall pay all county fees required for prohibited species seeking a variance from Miami-Dade County Section minimum DBH of 20 inches or greater. Ficus altissima, Ficus benghalcnsis or Ficus microcarpa A listing of designated heritage trees, including the specific locations thereof, shall be kept by the environment and sustainability 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 section 46-62. Root cutting and tree relocations shall be placed a minimum of 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 tree, the urban forester environment and sustainability director 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, Relocation, and Pruning. No tree work permit shall be issued for removal, relocation, or pruning of a heritage tree without a written evaluation by an ISA certified arborist and or ASCA registered consulting arborist. For removal permits, the provided arborist report shall demonstrating demonstrate 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, and that relocation is not viable. Furthermore, the tree work permit shall not be issued until the environment and sustainability director urban forester evaluates the tree and determines that removal the proposed work is necessary. Removal and replacement of heritage trees must be approved by the environment and sustainability department director after consultation with the urban forester. (4) Heritage Tree Recognition Program 18 bj Any heritage tree, growing on private property within the city limits of the City of Miami Beach which meet(s) the criteria from Section 46-63, shall be elected to participate in the recognition program. The following incentives will be provided for heritage trees: a. Tree work permit application fees will be waived for maintenance activities. The tree work permit application should include a pruning plan prepared by an ISA certified arborist or ASCA registered consulting arborist. b. A pruning allowance shall be provided to private property owners of heritage trees for pruning. The pruning allowance shall not exceed $750 per a four-year maintenance cycle and shall be determined by the environment and sustainability department or his/her designee based on the invoices submitted following the completion of work. The pruning allowance shall be reimbursed once the work has been completed, inspected, and approved by .the environment and sustainability department or his/her designee. c. Miami-Dade County variance request fee for prohibited species defined in Section 24 of the Code of Miami-Dade County, Florida. Sec. 46-64. SpeGimen-tree-standardsv Criteria and conditions for specimen tree removal and relocation (1) Specimen trees. Specimen trees that have not been classified as prohibited species shall be preserved whenever reasonably possible. The environment and sustainability department shall consider all of the following factors in evaluating an application for the removal or relocation 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 environment and sustainability 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 adjustment of building orientation on a site. (b) An adjustment of lot lines within a site proposal for more than one 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. 19 (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 environment and sustainability department may issue a permit to relocate the specimen tree with a partial mitigation as per the standards set forth in section 46-61. 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 46-62. (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 work permit for the removal of a specimen tree, tree replacement requirements shall be twice—these specified in section 46-61. 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 off-site location, there shall be an equitable contribution to the City of Miami Beach Tree Preservation Trust Fund for double the amount for each tree required as replacement trees in accordance with section 46-61. (6) Exemptions from specimen tree replacement requirements. An applicant may be exempt from the specimen tree replacement requirements of section 46-64, but subject to the tree replacement requirements in section 46-61, 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 Ccertified Aarborist or an ASCA Rregistered Cconsulting Aarborist 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 specimen tree, and 50 percent or more of the existing specimen trees and at least 50 percent of the existing specimen tree canopy area is preserved; or (d) Specimen tree exemptions approved by the environment and sustainability director or his/her designee urban forester. Sec. 46-65. 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 environment and sustainability 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, education. 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 20 expended, utilized and disbursed only for the planning, planting, establishment, education, or preservation of trees as designated in this division, by the environment and sustainability department on publicly owned land.,_and upon approval of the city commission. Trust funds may be utilized for providing incentives under the heritage tree program as defined by Section 46-63(4) to protect heritage trees on private property. Trust funds will be used to plan and manage the urban canopy, 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 environment and sustainability 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 heritage tree incentive program, the Adopt -Tree commemorative tree Pprogram, or similar program approved by the city commission. Sec. 46-66.Trees constituting a public nuisance. - (1) Any tree, dead tree or tree stump upon any parcel of land within the City pf Miami Beach which imminently threatens or endangers the public health, safety or welfare, or which the environment and sustainability director or his/her designee 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 section 46-61, tree replacement and section 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 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 21 pruned or treated and the exact cost thereof shall be assessed to the owner should the hazard or nuisance not be corrected. Sec. 46-67. Enforcement/civil remedies. Enforcement and penalties. (1) Civil fine for violators. The following civil fines shall be imposed for a violation of section 116 59, for those violations incurred for not failure to obtaining-a tree work permit as required by Section 46-59 or for effectively destroying a tree as set forth in Section 46-56: (a) First offense committed within a 12-month period: Warninq$1,000.00, per trcc; (b) Second offense within a 12-month period: $2,000.00, per tree; (c)Third offense and subsequent offenses within a 12-month period: $3,000.00, per tree. (d) Fourth offense and subsequent offenses within a 12-month period: $4,000.00, per tree. A code inspector shall first issue a written warning to immediately cease the violation prior to issuing a notice of violation unless one written warning has been issued in the 12 months preceding the date of violation. The written warning shall be substantially in the same form as the notice of violation as stated in subsection 46-67(3). Failure to correct the violation within 60 days following the issuance of a written warning shall result in subsequent violations set forth in this subsection. (2) 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 (1): (a) First offense within a 12-month period: $500.00; (b) Second offense within a 12-month period: $1,000.00; (c)Third offense and subsequent offenses within a 12-month period: $1,500.00. Each day such violation shall be permitted to exist shall constitute a separate offense for which a separate fine shall be imposed. An offense shall be deemed to have occurred on the date the violation occurred. (3) 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 of the violation and a waiver of the right to a hearing. (4) Rights of violators;payment of fine:right to appear: failure to pay civil fine or to appeal. (a) A violator who has been served with a notice of violation must elect to either: (i) Pay the civil fine in the manner indicated on the notice of violation; or (ii) Request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten days of the issuance of the notice of violation. 22 (b) 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. (c) If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing 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. (d) 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. (e) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (f) 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 days of the issuance of the notice of violation. (g) The special master shall not have discretion to alter the penalties prescribed in subsections 46-67(1) and (2) herein. (5) Enhanced penalties. The following enhanced penalties shall be imposed, in addition to any issued warnings and/or mandatory fines set forth in subsections (1) and (2) above, for violations of this section: (a) Enhanced penalties for subsection (1): (i) The tree work activity must be immediately terminated, upon confirming a violation has occurred, by the Miami Beach Ppolice sdepartment, code compliance department, public works department, and/or the environment and sustainability department. (ii) Violations for subsection (i) shall be issued to the property owner and the tree services company, who shall be joint and severally liable for the violation. (iii) The environment and sustainability 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-month period. The prohibition from receiving the tree work permit shall be for a three-month period of time. (iv) An after-the-fact city tree work permit shall be required for all violations involving unpermitted removals or effective destruction of specimen, non-specimen and heritage trees. Total tree removal shall be required for all effectively destroyed trees. (b) Enhanced penalties for subsection (2): (i) If the offense is a fourth offense within the preceding 12-month period of time, in addition to the fine set forth in subsection (2), the property owner, tree services company permittee or any affiliates shall be prohibited from receiving a tree work permit for a three-month period of time. 23 , I (ii) If the offense is a fifth offense within six months following the fourth offense, in addition to any fine set forth in subsection (2), the property owner, tree services company permittee or any affiliates shall be prohibited from receiving a tree work permit for a six-month period of time. The property owner, tree services company or permittee shall be deemed a habitual offender. (iii) The environment and sustainability 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. (iv) Additional corrective actions may also be required as determined by the environment and sustainability department urban forester, which may include, but not be limited to, corrective structural pruning, installation and maintenance of tree protection barriers, corrective root pruning and/or obtaining a written treg evaluation from an ISA certified arborist or ASCA registered consulting arborist. Sec. 46-68. Exemptions from provisions of this Article. Notwithstanding any other provisions in this Article to the contrary, no notice, application, approval, permit fee, or mitigation for the pruning, trimming, or removal of a tree on residential property is required if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. 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 Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 24 1 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the (9C' day of ®Ciber2019. PASSED AND ADOPTED this day of OCTOher , 2019. ATTEST: . At2---...--, Dan Gelber, Mayor 1 C.Sitsk,k Rafael . Gran do, City Clerk (Sponsored by Commissioners Joy Malakoff and John Elizabeth Aleman) Underlines denote additions Strikethreugh denotes deletions ii \\\\V, 4"%,, \. ....... • +% •''' . ' doe th . 11NCORP ORATED: ' V.7.4.-:----. ); qtr2e? APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION gt.L. 0< < 4(4( i 1 25 City Attome�� Date Ordinances - R5 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 16, 2019 1:40 p.m. Second Reading Public Hearing 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, ENTITLED "CARE AND MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, ENTITLED "TREE PRESERVATION AND PROTECTION," BY AMENDING SECTION 46-56 THEREOF, ENTITLED "DEFINITIONS," TO DEFINE "ANSI A-300," "HEDGE," "HERITAGE TREE RECOGNITION PROGRAM," "PALM," "CLUSTERING PALMS," "PRUNING ALLOWANCE," AND "SHRUB," AND TO MODIFY THE EXISTING DEFINITION OF "TREE"; BY AMENDING SECTION 46-58, ENTITLED "TREE REMOVAL REQUIREMENTS, EXEMPTIONS, AND PROHIBITED SPECIES," TO REQUIRE DOCUMENTATION FROM AN ARBORIST CERTIFIED BY THE INTERNATIONAL SOCIETY OF ARBORICULTURE, A FLORIDA LICENSED LANDSCAPE ARCHITECT, OR AN ASCA REGISTERED CONSULTING ARBORIST, AND TO AMEND THE REMOVAL OF PROHIBITED SPECIES; BY AMENDING 46-59, ENTITLED "TREE WORK PERMIT APPLICATION PROCESSING, REQUIREMENTS, AND REVIEW," TO REQUIRE A TREE WORK PERMIT FOR CROWN PRUNING NOT IN ACCORDANCE WITH ANSI-A300 TREE CARE STANDARDS, TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR A TREE WORK PERMIT DISPLAY, AND TO CLARIFY TREE WORK PERMIT FEES; BY AMENDING SECTION 46-61, ENTITLED "TREE REPLACEMENT," TO REPLACE THE EXISTING TREE REPLACEMENT CHART AND CANOPY MITIGATION REQUIREMENTS WITH A TREE REPLACEMENT CHART BASED ON THE TOTAL DIAMETER IN INCHES OF ALL TREES TO BE REMOVED, TO MODIFY THE PERCENT OF TREES THAT CAN BE PALMS, AND TO ADD PROVISIONS FOR SOIL VOLUME REQUIREMENTS; BY AMENDING SECTION 46-62, ENTITLED "TREE PRESERVATION, AND PROTECTION REQUIREMENTS, ROOT CUTTING, TREE RELOCATIONS, AND TREE PRUNING," TO MODIFY THE TITLE AND TO REQUIRE THAT THE MAINTENANCE OF RIGHT-OF-WAY TREES AND PALMS SHALL BE THE RESPONSIBILITY OF THE ADJACENT PROPERTY OWNER; BY AMENDING SECTION 46-63, ENTITLED "HERITAGE TREES," TO MODIFY THE TITLE, APPLICATION CRITERIA, AND TO DEFINE THE HERITAGE TREE RECOGNITION PROGRAM Page 1567 of 2557 BENEFITS; BY AMENDING SECTION 46-64, ENTITLED "SPECIMEN TREE STANDARDS," TO INCLUDE A PARTIAL MITIGATION REQUIREMENT OPTION FOR TRANSPLANTING TREES; BY AMENDING SECTION 46-67 ENTITLED "ENFORCEMENT/CIVIL REMEDIES," TO AMEND THE EXISTING CIVIL FINES AND PENALTIES; BY CREATING SECTION 46-68, TO BE ENTITLED "EXEMPTIONS FROM PROVISIONS OF THIS ARTICLE," TO PROVIDE FOR EXEMPTIONS IN REGARD TO PRUNING, TRIMMING, OR REMOVING DANGEROUS TREES; AND BY AMENDING SECTIONS 46-31, 46-57, 46-58, AND 46-59 TO PROVIDE FOR NON- SUBSTANTIVE TEXT AMENDMENTS, CLARITY, AND/OR CONSISTENCY WITH THE AMENDMENTS MADE IN THE AFORESTATED SECTIONS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the proposed amendments to the tree ordinance. BACKGROUND/HISTORY At the April 10th, 2019 Commission Meeting, Commissioner John Elizabeth Aleman and Commissioner Joy Malakoff co-sponsored a referral to the Finance and Citywide Projects Committee (FCWPC) to discuss developing and implementing a heritage tree awareness and incentive program. In addition, Commissioner Aleman and Commissioner Michael Gongora referred a discussion to increase the tree removal posting duration for specimen tree removals to the Neighborhood/Communities Affairs Committee (NCAC). At the May 20th, 2019 NCAC, the committee moved to update tree preservation ordinance to establish notification procedures for the removal and relocations of trees. At the June 28th, 2019 FCWPC the committee moved to establish a heritage tree recognition and incentive program with a cap of$30,000.00 per year. ANALYSIS In June 2015, the city adopted the tree preservation ordinance as a means of establishing regulatory oversight to protect our city's tree canopy. The ordinance requires mitigation whenever a tree is removed and that mitigation for approved canopy loss would take place within close proximity to the subject removal as to prevent a net loss of canopy within the effected neighborhood. The propcJcd amendments to the tree preservation c d:nance are intended to promote a more diverse and resilient tree canopy and include the following key areas: 1. Enhanced Preservation, Protection, and Mitigation Many private properties have tree species that are prohibited under the county code. Removal of prohibited species does not require mitigation, except for Ficus altissima, Ficus benghalensis, or Ficus microcarpa with a trunk diameter greater than 20-inch. Many prohibited species in Miami Beach are mature trees that provide canopy and environmental benefits. The proposed ordinance requires that all prohibited species, including Ficus altissima, Ficus benghalensis, and Ficus microcarpa, with a minimum Page 1568 of 2557 trunk diameter of 12 inches will require a tree removal permit. 2. Tree Replacement Requirements In the current code, mitigation is calculated by measuring tree canopy spread and calculating total canopy being removed. I n practice, this method has been shown to be subjective as there are varying measurement methodologies. In addition, tree canopy may be reduced substantially at times due to tree abuse, which makes calculating canopy erroneous. The new proposed language simplifies the mitigation calculation by creating a mitigation table. The mitigation table provides mitigation requirements based on the total trunk diameter rather than canopy area. This table will provide for appropriate mitigation based on the tree's trunk diameter size and will help improve the city's overall tree canopy diversity. In addition, the proposed language includes proper soil volume requirements for newly planted trees to ensure future health of these trees. 1. Heritage Tree Incentive and Recognition Program The proposed ordinance amendments establish more specific criteria for heritage tree designation. Potential heritage trees must be evaluated by a certified arborist to be in good health and have sound structural integrity while meeting one out of the following three criteria: 1. It is an historic tree or grouping of trees, of notable documented historical significance and value to the City of Miami Beach because of its or their location or historical association with the community. 2. It is a tree or grouping of trees with exemplary representation of species' characteristics and of high value to the community because of its or their species, size, age, location, distinctive form, exceptional characteristics, or ecological value., aesthetic value or other relevant criteria. 3. It is a champion tree or grouping of trees., A champion tree is defined 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. Once a tree on private property has been designated as a heritage tree, the proposed ordinance provides a$750.00 pruning allowance every four years funded through the tree trust fund. The property owner will be required to submit a no cost tree work permit application with a pruning plan prepared by a certified arborist. The pruning allowance will be provide following the receipt of the work that was conducted. The FCWPC recommended that the heritage tree incentive program have an annual cap of $30,000.00 per fiscal year to be used for the pruning allowance program and, if applicable, any Miami-Dade County variance fees for heritage trees that are also prohibited species. Additional incentives will also be provided through partnership with the Miami Beach Botanical Gardens. This will include a one year family membership to the Miami Beach Botanical Gardens, plus personalized invitation to future Arbor Day events. The Environment and Sustainability Department has updated operational budgets for FY19-20 to reflect this and will reevaluate annually to determine annual allowances. 1. Violations of the Tree Preservation Ordinance The current ordinance establishes a $1,000.00 per tree for violations and does not provide a period to cure. The proposed amendments provide a 60-day correction period Page 1569 of 2557 for a property owner to either mitigate canopy loss or pay a fee. The 60-day correction period provides enough time to acquire an after-the-fact tree removal permit, and to replant the required mitigation. If violation is not addressed within the 60-day period, the associated penalties are will be imposed. 1. Tree Removal and Relocation Notification The proposed ordinance amendments establish specific posting requirements for permitted tree removal and relocations. Newly proposed language will include the following posting requirements: 1. A minimum of seven days for non-specimen species. 2. A minimum of 14 days for specimen species. 3. A minimum of 30 days for heritage trees, This will include posting of a tree removal/relocation notification sign at the edge of private properties to advise the public of the approved work (Attachment A). Per this proposed amendment, properties not in compliance would be cited per the provions of the ordinance. The proposed amendments simplify the tree preservation ordinance to provide a more streamlined permitting process, while also providing for enhanced mitigation requirements. Protecting and preserving our city's mature tree canopy, including providing incentives for heritage trees, will help to ensure the health and diversity of our urban tree canopy. 1. Consistencey with State Law During the 2019 Legislative Session, the Florida Legislature passed House Bill 1159, titled "Private Property Rights," creating s. 163.045 F.S. One of the provisions of the bill was to preempt local governments from requiring a notice, application, approval, permit, fee, or mitigation for the pruning, rimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property. The amended language complements the language in the state bill, and allows for trees to be removed without a permit only if they are deamed an imminent danger by a certified arborist, a registered consulting arborist, or a registered landscape architect. CONCLUSION The Administration recommends the Mayor and City Commission to approve the ordinance. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Legislative Tracking Environment and Sustainability Page 1570 of 2557 Sponsor Commissioners John Elizabeth Aleman and Joy Malakoff ATTACHMENTS: Description ❑ Ordinance Page 1571 of 2557