C4A-Ref- LUDC - City�s Draft Tree Ordinance Prepared By Green Space Management DMIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City ~m7sion
FROM: Kathie G. Brooks, Interim City Manager ~
DATE:
SUBJECT:
November 14, 2012
REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE:
DISCUSSION OF THE CITY'S DRAFT TREE ORDINANCE PREPARED
BY THE PARKS AND RECREATION DEPARTMENT'S GREEN SPACE
MANAGEMENT DIVISION
ADMINISTRATION RECOMMENDATION
Refer the item to the Land Use and Development Committee for discussion.
BACKGROUND
The City of Miami Beach adopted the current version of the Article II. Care and Maintenance
of Trees and Plants Division 2 Trees code on November 8, 2001. Since that time there has
been substantial positive growth of the City's urban forest. A major reforestation effort was
approved and initiated in FY 2006/2007 and has continued since. This effort, combined with
neighborhood tree installations in conjunction with CIP improvements, has planted over
9,000+ reforestation trees in the city's streetscapes, parks and other public spaces.
The primary goal for any urban forestry program is sustainability. In order to adequately
sustain, protect and increase the value of the urban forest the development of a strong tree
ordinance is of paramount importance. The City of Miami Beach is currently subject to Miami
Dade County's tree preservation and protection ordinance. The present City tree code does
not qualify for an exemption due to a lack of adequate specifications and is therefore not
officially recognized. In that light the tree code was redrafted to incorporate many of the
tenants present in the current Miami Dade County tree preservation and protection
ordinance, with additional specifications uniquely tailored for the City of Miami Beach's urban
forest. Adoption of the revised code will allow for official exemption from Miami Dade County
tree removal permitting regulations, and also provide a potential urban forest management
funding source.
Some of the key revision and comparison points include:
• Miami Beach gains control over its urban forest. The city has qualified professional
staff to manage the city's tree inventory, but at present, the city must obtain
Environmental Resource Management (ERM) approval and an ERM permit to
relocate or remove trees. This delays recommended management activities and
costs money every time the city applies for an ERM permit.
• Defines the duties and authority of the city Urban Forester, establishing this person
as individually responsible for managing the city's trees. The Urban Forester is the
City official who is responsible for the management of the City's urban forest and
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Agenda Item C VA
Date II-i 1./-12..
City Commission Memorandum
Referral to Land Use and Development Committee-Draft Tree Ordinance
November 14, 2012
Page2 of2
who is assigned to carry out the enforcement of this ordinance. In matters of tree
planting, maintenance, removal, relocation, fertilization, bracing and all other
activities and practices that require knowledge of trees and expertise in arboricultural
practices, the Urban Forester is the City's designated authority.
• Creates a Tree Preservation Trust Fund to collect fees, penalties and donations.
This fund shall solely be used for the planting of trees in Miami Beach and any other
ancillary costs associated with the planting, establishment or preservation of trees.
• All fees, mitigation payments, and penalties will be paid to Miami Beach, rather than
the county.
• Adopting the revised code would streamline permitting for tree removals and
relocations by eliminating the need to involve and or obtain permission from county
Environmental Resources Management (ERM) personnel which in turn saves time
and costs for City residents.
• The revised code creates a Heritage Tree designation to recognize and protect trees
of unique character and high value. This allows the City to protect any tree, palm or
tree grouping with a historical value and also includes a strong mechanism to help
prevent any unauthorized removals of the trees and understory. The process to
determine the removal of Heritage Trees would be developed as the discussions of
the draft Tree Ordinance progress.
At this time the draft Tree Ordinance has been submitted to Miami-Dade County Department
of Regulatory and Economic Resources, Environmental Resources Management Division's
Tree Program for review and comments. Ultimately, the City's proposed Tree Ordinance will
need to be approved by the Miami-Dade-Board of County Commissioners and the City of
Miami Beach City Commission prior to enactment.
CONCLUSION
The Administration recommends that the Mayor and City Commission refer the matter to the
Land Use and Development Committee for discussion and further direction.
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