R5K-Tree Preservation And Protection OrdinanceCOMMISSION ITEM SUMMARY
Condensed Title:
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 ll, "Care And
Maintenance Of Trees And Plants," By Amending Division 2, "Trees"; To Amend The Definitions,
Purpose And lntent; Scope, Applicability And Exemptions; Permitting Application Requirements,
Notice And Procedures For Obtaining Permits; lmposing Criteria And Conditions For Tree Removal
And Relocation; Tree Replacement; Tree Preservation And Protection Requirements; Defining And
Protecting Heritage And Specimen Trees; Establishing A Miami Beach Tree Preservation Trust Fund;
Regulating Tree Services And Arborists; Defining Trees Constituting A Public Nuisance; Providing For
Appeals; Enforcement And Civil Remedies; Prohibited Species, Duties And Authority Of The Urban
Forester: And Providinq For ; Codification;; And An Effective Date.
lntended Outcome Su
Data (Surveys, EnvironmentalScan, etc: n/a
Item Summary/Recommendation :
The City of Miami Beach (City) adopted the current version of the Article ll. 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. This effort, combined with neighborhood tree installations associated with
ongoing CIP projects, has resulted in 10,000+ reforestation trees in the City's streetscapes, parks and
other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance. The present City tree code lacks adequate specifications and is therefore not
officially recognized. The tree code has been redrafted to incorporate many of the tenets 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 an official exemption from the County tree removal permitting regulations, and also
provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review and
commenting from the County RER Tree Program, and has received initial approval for compliance
with the minimum requirements for exemption from the County Environmental Code. We are currently
in final review stages with County RER Tree Program. Should the Commission approve the
Ordinance on First Reading, approval will be sought from the County prior to the Second Reading,
Public Hearing.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING
AND SETTTNG A SECOND READING PUBLIC HEARING.
This item was presented at the April 25, 2014 Neighborhoods/Community Affairs Projects Committee
for discussion and further direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
islative Tracki
t:\agenda\201 4\june\tree ordinance - sum.docx
AGENDA ITEIT'Rst<
1-73-tVE AAIAAAIBTACH DATE663
City of Miomi Becch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and M of the Commission
READING
@ MIAMIBEACH
FRoM: Jimmy L. Morales, City
DATE: July 23,2014
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 ARTIGLE ll, "CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SGOPE, APPLICABILITY
AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; IMPOSING CRITERIA AND
CONDITIONS FOR TREE REMOVAL AND RELOCATION; TREE REPLACEMENT;
TREE PRESERVATION AND PROTECTION REQUIREMENTS; DEFINING AND
PROTECTING HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEACH TREE PRESERVATION TRUST FUND; REGULATING TREE SERVICES
AND ARBORISTS; DEFINING TREES CONSTITUTING A PUBLIC NUISANCE;
PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL REMEDIES;
PROHIBITED SPECIES; DUTIES AND AUTHORITY OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on First Reading and setting a
Second Reading Public Hearing.
BACKGROUND
The City of Miami Beach (City) adopted the current version of the Afticle ll. 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 200612007. This effort, combined with neighborhood tree
installations associated with ongoing CIP projects, has resulted in 10,000+ reforestation trees in
the City's streetscapes, parks and other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect
and increase the value of the urban forest the development of a strong tree ordinance is of
paramount importance. The City is currently subject to the Miami Dade County (County) tree
preservation and protection ordinance. The present City tree code lacks adequate specifications
and is therefore not officially recognized. The tree code has been redrafted to incorporate many
of the tenets present in the current Miami Dade County tree preservation and protection
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Tree Ordinance- Memo
July 23, 2014 Page 2 ot 3
forest. Adoption of the revised code will allow for an official exemption from the County tree
removal permitting regulations, and also provide a potential urban forest management funding
source.
A discussion related to the City's tree ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee (NCAC) for further direction. At this
meeting, the Committee recommended moving forward with a draft Ordinance to the full
Commission.
ANALYSIS
Key Revision and Comparison Points:
o 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 County
Regulatory and Economic Resources (RER), Environmental Resources Management
Tree Program approval and a Tree Removal/Relocation Permit to relocate or remove
trees. This delays recommended management activities and costs money every time the
City applies for a tree removal/relocation permit.
o 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 who is
assigned to carry out the enforcement of this ordinance. ln 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.
o 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. At present there is no mechanism that requires payments collected for Miami
Beach properties to be spent in Miami Beach. We can lose trees but get nothing in
return. The City can fund much of its tree planting with money collected as a result of
implementation of this tree code. Mitigation in the revised code will be based on total
trunk diameter of the removed trees, rather than amount of canopy removed as in the
County code. Using trunk diameters is a more straightforward approach.
. Adopting the revised code would streamline permitting for tree removals and relocations
by eliminating the need to involve and or obtain permission from outside agencies 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 these trees and understory. The process to determine the
removal of Heritage Trees will be discussed and incorporated in the final tree ordinance
draft.
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Tree Ordinance- Memo
July 23, 2014 Page 3 ol 3
o The County defines Specimen Trees as those with a trunk diameter of 18" or greater.
Mitigation for the removal of Specimen Trees requires more replacement trees and/or
higher mitigation payments than for non-specimen trees. The revised City code
decreases the trunk diameter of Specimen Trees to 9". Trees of this size provide
significant canopy cover, and many of our smaller native species never reach an 18"
diameter. One of these trees could be the U.S. champion but still not be considered a
specimen tree. This recommended change acknowledges the importance of trees
smaller than 18", and is the biggest shift in previous policy concerning permitting and
mitigation.
o Although the County code and the revised City code both require tree protection on
construction sites, and generally specify the same types of protective measures, the
revised City Code provides more comprehensive specifications. Detailed requirements
to remove ambiguity, and promote better compliance. Provisions are included for
adjustments to the requirements if authorized by the Urban Forester.
. The revised code would require tree service providers to register with the City. When
they register, contractors would be provided with a clearly written document that explains
the City's code requirements and proper tree care techniques. They would agree to
follow the requirements, and if they violate them would be subject to all penalties
included in the Code, and might be prohibited from working in the City. This helps shift
responsibility for proper tree care and code compliance from the property owners, who
may not know the rules, to the professionals, who should know the rules.
. The revised code provides definitions, language and punitive penalties designed to
prevent improper tree and palm pruning, etfective destruction of trees or palms and any
unlicensed tree or palm removals of protected and heritage trees on private and public
property.
o The appeal process, enforcement, fines, and civil remedies in the revised code generally
follow the existing City policy as stated in the present tree code.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review
and commenting from the County RER Tree Program, and has received initial approval for
compliance with the minimum requirements for exemption from the County Environmental
Code. We are currently in final review stages with County RER Tree Program. Should the
Commission approve the Ordinance on First Reading, approval will be sought from the County
prior to the Second Reading, Public Hearing.
CONCLUS!ON
The Administration recommends approving the Ordinance on First Reading and setting a
Second Reading Public Hearing.
Attachments: Draft Tree Ordinance
ir
JMtMrlwJF/MW
T:\AGENDA\201 4UulyPublic Works\Tree Ordinance - MEMO.docx
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ATTACHMENT
(Draft Ordinance to be provided by Legal)
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ORDINANCE TO BE SUBMITTED
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