2016-4041 Ordinance 2016-4041
CHAPTER 46 - NON-SPECIMEN TREES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 46,
"ENVIRONMENT", ARTICLE II, "CARE AND MAINTENANCE OF TREES AND
PLANTS", DIVISION 2, "TREE PRESERVATION AND PROTECTION," ' TO
MODIFY THE DIAMETER AT BREAST HEIGHT OF NON-SPECIMEN TREES;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, it is the City's intent to prevent the destruction of the City's existing tree
canopy and promote its expansion; and
WHEREAS, it is in the best interest of the City to improve the aesthetic appearance of
new development and protecting designated historic landscapes; and
WHEREAS, the City seeks to promote the use of canopy trees to sequester carbon
dioxide emissions and that increase climate change; and
WHEREAS, the adoption of the provisions set forth below are necessary to accomplish
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Chapter 46 - ENVIRONMENT
ARTICLE II. - CARE AND MAINTENANCE OF TREES AND PLANTS
DIVISION 2. - TREE PRESERVATION AND PROTECTION
Sec. 46-56. - Definitions.
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 - e•- .- - - -- - -•'e - - "• - .- - private
land, having no less than a three-inch DBH or ten-foot mature height; or
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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.
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, but not including non-native species of the genus Ficus.
* * *
Sec. 46-58. - Scope, exemptions and prohibited species.
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.
(1) Exemptions. 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 in a
single family zoning district; provided the trees are nont-specimen trees with a
DBH of less than +rice six (6) inches or greater. This exemption does not apply to
trees that are growing on public rights-of-way adjoining existing single family
residences.
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 within the City of Miami Beach that is subject to review as specified in section
46-58.
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
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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. 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 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 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 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.
(3) 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 may include a field inspection of the site. The public works
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 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
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.
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 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
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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 public works department.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or reentered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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 (10) days following adoption.
PASSED and ADOPTED this If day of 0cIober , 20.
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MAYOR
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CITY CLERK
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First Reading: September 14, 20���„, H,--6 ... ,
Second Readin0 October 19, 016
Verified by: v
Tho s R. Mooney, AICP
Planning Director .
Underscore denotes new language
Stfikethrough denotes deleted language
T:\AGENDA\2016\September\Planning\Landscape Chapter 46 Non-Specimen Trees-First Reading ORD.docx
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Ordinances - R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
10:15 a.m. Second Reading Public Hearing
SUBJECT: CHAPTER 46 - NON-SPECIMEN TREES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 46,
"ENVIRONMENT", ARTICLE II, "CARE AND MAINTENANCE OF TREES AND
PLANTS", DIVISION 2, "TREE PRESERVATION AND PROTECTION," TO
MODIFY THE DIAMETER AT BREAST HEIGHT OF NON-SPECIMEN TREES;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
On June 10, 2015, at the request of Commissioner Malakoff, the City Commission referred the
subject Ordinance amendment (Item C41) to the Land Use and Development Committee.
Additionally, the matter was referred to the Planning Board.
On June 17, 2015, the Land Use and Development Committee discussed the item and
continued it to the July 29, 2015 meeting. The Committee directed the Administration to
prepare an ordinance amendment to Chapter 126 and to Chapter 46, so that the two chapters of
the Code are consistent.
On July 29, 2015, the Land Use and Development Committee requested that recommendations
from the Greenspace/Tree Advocacy Group (GTAG) be incorporated into the Ordinance and
continued the item to the September 9, 2015 meeting. On September 9, 2015, the Land Use
and Development Committee continued the item to the November 18, 2015 meeting. The
November 18, 2015 and December 2, 2015 meetings of the Land Use and Development
Committee were cancelled; therefore, the item was continued to the January 20, 2016 meeting.
On January 20, 2016, the Land Use and Development Committee discussed the proposed
ordinance and continued it to the February 17, 2016 meeting.
On February 17, 2016, the Land Use and Development Committee recommended that the
ordinance be sent to the Planning Board with a favorable recommendation, including the current
requirement that homeowners maintain swale trees. On March 9, 2016, the City Commission
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referred the subject ordinance amendment (Item C4B) to the Planning Board.
On May 11, 2016, the City Commission opened and continued First Reading of the item to July
13, 2016 in order to allow for the review of the item for consistency with Miami-Dade County's
minimum landscape requirements. The item was moved from the July 13, 2016 agenda to
September 14, 2016, in order to address an issue with the Title of the legislation.
According to the U.S. Department of Agriculture (USDA) Forest Service trees are a valuable
resource worth three times their initial investment. They reduce carbon dioxide and air
pollutants, reduce energy costs by providing shade, and increase the frequency of shopping
and amount spent in commercial areas by creating a more comfortable atmosphere, and
increase property values, among other benefits.
Chapter 126 of the Land Development Regulations (LDR's) provides the City's existing
minimum landscape standards for private properties. The requirements of the landscape
regulations are applicable to all building permits for new construction, substantial rehabilitation or
additions to existing buildings when located in areas designated for design review, conditional
use or variance procedures and property in the redevelopment area. Additionally, permits for
demolition require a landscape survey to insure that valuable existing trees are not damaged or
destroyed. Trees that have a trunk diameter of eight or more inches may not be removed without
the approval of the Environment and Sustainability Division, Urban Forrester.
These standards are generally consistent with the minimum landscape standards of Miami-Dade
County. However, these standards are currently insufficient to achieve many of the benefits
described by the USDA and desired by the City.
As the need to protect existing tree species has become more apparent, revisions to Chapter
126 of the LDR's are in order, to compliment and be consistent with the requirements of
Chapter 46, Article II of the City Code pertaining to the care and maintenance of trees and
plants. The attached ordinances propose updates to Chapter 126 of the LDR's, as well as to
Chapter 46 of the City Code, to be consistent with established policy goals of enhanced
landscaping and the preservation of existing tree canopy in the City. These modifications will
complement the City's other efforts in tree protection, such as assuming the responsibility for
tree removal permits from Miami-Dade County, which occurred on June 15, 2015. The analysis
that follows details the proposed modifications.
City of Miami Beach Landscape Ordinance
Staff has developed a draft landscape ordinance that establishes minimum landscape
standards utilizing best practices for South Florida in order to accomplish the following:
• Enhance, improve, and maintain the quality of landscape.
• Prevent the destruction of the City's existing tree canopy and promote its expansion.
• Improve the aesthetic appearance of new development and protecting designated historic
landscapes.
• Promote sound landscaping principles through the use of drought and salt tolerant plant
species and also to promote planting the right tree and plant in the right place.
• Promote the use of trees and shrubs for energy conservation, thereby helping to offset
global warming and local heat island effects.
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Submittal Requirements
The proposed ordinance establishes that the following types of plans must be submitted with
building permit applications for new construction, substantial rehabilitation or additions to
existing buildings, as well as applications submitted for land use board approval:
• Vegetation Survey
• Tree Disposition Plan
Landscape Plan
• Irrigation Plan
• Site and Landscape Lighting Plan
The ordinance requires that the vegetation survey be prepared by a professional land surveyor
licensed to practice in the state of Florida. It also requires that the landscape plans be prepared
by a landscape architect licensed to practice in the State of Florida. In addition, it requires that
irrigation plans and the site and landscape lighting plans be prepared by a landscape architect
or other persons authorized by Chapter 481, Florida statutes.
The proposal also requires that no permit for development activity be issued unless any
necessary tree removal permits have been obtained or it has been determined that no tree
removal permit is required pursuant to the tree preservation and protection criteria described in
Chapter 46 of the City Code.
Minimum Standards
The proposed ordinance establishes minimum standards for the following criteria:
Trees
• Lawn Grass/Sod Area
• Minimum Number of Trees
• Large Shrubs or Small Trees
• Shrubs
• Vines
• Groundcover and Grasses
• Soil
• Fertilizer
• Mulch
• Plant Quality
Buffers between dissimilar Land Uses
• Landscaped Areas in Permanent Parking Lots
• Temporary and Provisional Parking Lot Standards
• Landscape Installation
Irrigation
• Landscape Maintenance
The existing landscaping standards generally require that there be one canopy tree or grouping
of three palms for every 25 linear feet of frontage in required yards. The proposed ordinance
includes more specific criteria as to the dimensions, spacing, and types of trees. A table
indicates the number of trees per lot in each of the various zoning districts throughout the City.
In an effort to improve the City's canopy and increase shade, the proposed ordinance indicates
that, although permitted, palm trees do not count towards meeting the minimum tree canopy
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requirements.
The proposed ordinance also establishes a Tree Trust Fund. Should an applicant not be able to
accommodate the required landscaping onsite or offsite in a public space approved by the City,
the applicant has the option of paying into the Tree Trust. The revenue in the fund can be used
for projects such as street tree plantings, tree plantings in public lands, and projects that restore
and enhance the City's tree canopy.
The standards for soil, fertilizer, mulch, plant quality, installation, irrigation, and maintenance are
intended to ensure that landscaping that is planted within the City survives and thrive. It requires
that if a tree that is used to satisfy the minimum requirements of the code dies, that it be
replaced with the same type of landscape material or an approved substitute.
In an effort to improve sustainability and reduce groundwater withdrawals, the standards
encourage the use of treated brown and grey water for the use of irrigation in order to conserve
potable water. The ordinance proposes that guides and standards be created by the City in
order to encourage and regulate them.
Modifications to Chapter 46 are also proposed, as a separate ordinance, in order to be
consistent with the revisions to Chapter 126. The modifications include reducing the minimum
review caliper from 12 inches to six inches.
PLANNING BOARD REVIEW
On April 19, 2016, the Planning Board (by a 7-0 vote) transmitted the proposed Ordinance with
modifications to the City Commission with a favorable recommendation. The modifications are
described below:
• Section 126-2: Provide a definition for"Net Lot Area".
• Section 126-6 (c)(1): Add "roofs" to the list of upper level areas.
• Section 126-10: Clarify that buffers are to be provided "by the non- residential
property if applying for new construction".
Section 126-11: Remove requirements (a) and (b); clarify the requirements for bulb outs
in parallel parking rows; and incorporate standards (a), (a)(4) and (a)(6) from Temporary Parking
Lot standards.
Section 126-12 (b): Incorporate standard (a)(4)from Temporary Parking Lot Standards.
• Section 126-17: Allow fora 30-day cure period.
• Incorporate an applicability clause for projects that have applied for a Land Use Board
hearing or have a building permit process number as of the date of second reading of the
ordinance.
UPDATE
At the request of the City Commission, the Public Works Department has taken an inventory of
the number and geographic distribution of the small, medium, and large trees and palms in
every right-of-way throughout the City. Based upon this inventory, and the necessary
pruning/maintenance frequencies for each type of tree/palm, it was determined that a hybrid
(contractor/in-house staff,) approach will serve the City best as it pertains to maintenance. In
order to properly and routinely maintain the close to ten thousand trees and palms in the City
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year-round to proper arboricultural standards, the following costs would be incurred:
• Approximately $1,300,000 in tree specialist contractor fees.
• Approximately $236,000, in salaries and benefits for the addition of two licensed
professional tree trimmers to be added to Greenspace Mgt.'s existing Tree Crew.
The total estimated cost of this effort would be approximately$1,536,000.00 annually.
The Administration has sought a review of the proposed Landscape Ordinance by Miami-Dade
County to ensure consistency with the County's minimum landscape requirements that apply to
municipalities. On August 11, 2016, the Miami-Dade County Department of Regulatory and
Economic Resources confirmed that the proposed Ordinance was consistent with the County's
minimum landscape standards.
Based upon further review of the proposal by the Public Works Department, Environment and
Sustainability Department, and Planning Department, an additional six modifications and
clarifications are recommended, which are included in the attached Ordinance amending
Chapter 126:
1 . Modify the title to reference that funds generated through the Landscape Ordinance
will be deposited into the existing Tree Preservation Trust Fund.
2. Modify section 126-2 to add a definition of Tree Trust Fund, so that funds generated
through this ordinance are deposited into the existing Tree Preservation Trust Fund
established in Chapter 46 of the City Code.
3. Modify section 126-6 to include requirements for street trees to ensure that they are
consistent with the requirements of the Association of State Highway and Transportation
Officials (AASHTO) Roadside Design Guide, and to clarify that if required street trees or
trees under power lines cannot be planted as a result of requirements from the Public
Works Department, that trees be planted elsewhere on the site or that the applicant
utilize the Tree and Shrub Compliance Options.
4 . Modify the title of section 126-7 to clarify that it establishes options for compliance
with minimum tree and shrub requirements.
5 . Remove section 126-8, since there is a clarification proposed requiring that funds
generated through the Landscape Ordinance will be deposited into the existing Tree
Preservation Trust Fund.
6. Remove sections 126-17 (a)(2) and (b)(2), since violations for failure to obtain a tree
work permit are established in Section 46-67 of the City Code, therefore the fines for
such violations should not be repeated in Chapter 126.
The subject Ordinance was approved at First Reading on September 14, 2016, with no
changes.
CONCLUSION
Page 710 of 1614
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
❑ First Reading Ordinance - Form Approved
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