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
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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,
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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.
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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.
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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.
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(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
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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• •• - -- • - - -
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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
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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
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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
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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.
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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
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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
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APPROVED AS TO
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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
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Sponsor
Commissioners John Elizabeth Aleman and Joy Malakoff
ATTACHMENTS:
Description
❑ Ordinance
Page 1571 of 2557