HomeMy WebLinkAboutOrdinance 2022-4466 ORDINANCE NO. 2022-4466
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 11,
ENTITLED "CARE AND MAINTENANCE OF TREES AND PLANTS," BY
AMENDING DIVISION 2, ENTITLED 'TREE PRESERVATION AND
PROTECTION," BY AMENDING SECTION 46-58, ENTITLED"TREE REMOVAL
REQUIREMENTS, EXEMPTIONS, AND PROHIBITED SPECIES" TO AMEND
MITIGATION REQUIREMENTS FOR PALMS IDENTIFIED IN LANDSCAPE
NEIGHBORHOOD OVERLAYS LISTED WITHIN CHAPTER 126; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City encourages historic preservation, including preservation of iconic
historic landscaping features; and
WHEREAS, amendments to Section 46-58 3 of the City Code is required to accommodate
preservation concerns of palm tree landscapes iconic to Miami Beach's culture and history.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 46-58 of Chapter 46 the Code of the City Miami Beach, entitled
"Environment," is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
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ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
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, heritage tree, or prohibited species located within the boundaries of the city, on
either public or private property, without first obtaining a tree work permit. Trees identified in
Landscape Neighborhood Overlays authorized pursuant to Chapter 126 of the City Code
including trees defined as palms, shall be permitted, and encouraged to remain. Palm trees
identified in landscape Neighborhood Overlays, may be
replaced with the same species tree at the same location with no additional mitigation
requirement.
(1) Exemptions. The following shall be exempt from the provisions of this division, and do
not require a tree work permit:
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(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 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 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.
(g) 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
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 shall be required for the removal of
any prohibited species in accordance with city Code sections 46-64(5) and 118-251.
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 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.
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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.
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 relettered 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 this day of �4h 4c ry , 2022
PASSED and ADOPTED this -20 day of 7c4hNgry , 2022.
ATTEST:
JAN 2 5 2022� Dan Gelber, Mayor
Rafael E. Granado, City Clerk ........
Underline denotes additions
StFikethFeuo denotes deletions
n•, ti J Y�y
Double underline denotes additions after 1st reading
denotes deletions after 15t
reading APPROVED AS TO
(Sponsored by Commissioner Steven Meiner) FORM & LANGUAGE
6 FOR EXECUTION
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City Attomay,,,/ Dab
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Ordinances -R5 J
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz, City Attorney
DATE: January 20, 2022
10:50 a.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," BYAMENDING DIVISION 2, ENTITLED "TREE PRESERVATION
AND PROTECTION," BY AMENDING SECTION 46-58, ENTITLED "TREE
REMOVAL REQUIREMENTS, EXEMPTIONS, AND PROHIBITED
SPECIES" TO AMEND MITIGATION REQUIREMENTS FOR PALMS
IDENTIFIED IN LANDSCAPE NEIGHBORHOOD OVERLAYS LISTED
WITHIN CHAPTER 126; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Steven Meiner
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Ordinance
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City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeach0.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael Paz, Acting City Attorney
DATE: January 20, 2022
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 11, ENTITLED "CARE AND MAINTENANCE OF TREES AND
PLANTS'll BY AMENDING DIVISION 2, ENTITLED "TREE
PRESERVATION AND PROTECTION," BY AMENDING SECTION 46-58,
ENTITLED "TREE REMOVAL REQUIREMENTS, EXEMPTIONS, AND
PROHIBITED SPECIES" TO AMEND MITIGATION REQUIREMENTS FOR
PALMS IDENTIFIED IN LANDSCAPE NEIGHBORHOOD OVERLAYS
LISTED WITHIN CHAPTER 126; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Steven Meiner, the above-referenced Ordinance is
submitted on Second Reading for consideration by the Mayor and City Commission at the January
20, 2022 City Commission meeting.
BACKGROUND
On March 17, 2021, the Mayor and City.Commission adopted Resolution No. 2021-31653,
sponsored by Commissioner Steven Meiner, requiring palm tree removals be held in abeyance
until legislation is considered regarding the preservation of palm landscapes iconic to Miami
Beach's culture and history. Additionally, the intent of the Resolution was to accommodate
preservation concerns while minimizing any delays to City construction projects currently in
process.
On March 17, 2021, and also at the request of Commissioner Meiner, the City Commission
referred a proposal to amend Chapter 46 of the City Code to the Neighborhood and Quality of
Life Committee (C4 AJ).
On July 21, 2021, the NQLC discussed the proposed amendment to Chapter 46, and directed
staff to add the proposed amendment to the July 28, 2021 City Commission meeting for
consideration as part of the discussion of companion amendment to Chapter 126 of the City Code,
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Commission Memorandum Page 2 of 2
which creates Landscape Neighborhood Overlays, and which has also been placed on the
October 13, 2021 City Commission agenda.
Currently,the City Code requirements relating to tree removals provide that for each tree removed
from either public or private property, there is there is a mitigation requirement, and a property
owner seeking the removal of the tree must either contribute to the City's tree fund, or replace the
tree in accordance with a formula in the City Code which is designed to incentivize the installation
of canopy trees throughout the City. As part of that formula, the installation of new palm trees
would not count toward satisfying the City's tree mitigation requirements.
The proposed Ordinance seeks to encourage the preservation of palms as part of the iconic
historic landscaping feature of the City of Miami Beach. The amendment to Section 46-58 of the
City Code specifies that palm trees identified in Landscape Neighborhood Overlays listed within
Chapter 126 of the City Code, shall be permitted and encouraged to remain. Importantly, the
proposed Ordinance provides that a palm tree in an approved Landscape Neighborhood
Overlay area may be removed and replaced with another palm tree, at the same location,
with no additional mitigation requirement.
At the December 8, 2021 City Commission meeting, the City Commission approved the foregoing
amendment to the mitigation requirements on first reading, and declined to proceed with
amending a separate section of the City Code relating to the City's heritage tree designation
requirements, as it was determined that the amendment with respect to tree mitigation would
provide sufficient protections for palms identified in approved Landscape Neighborhood Overlays.
RAP/FA/ag
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