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20140723 SM2MIAMIBEACH City Gommission Meeting SUPPLEMENTAL MATERIAL 2 City Hall, Commission Ghambers, 3rd Floor, 1700 Convention Center Drive July 23,2014 Mayor Philip Levine Vice-Mayor Michael Grieco Commissioner Joy Malakoff Com m issioner Micky Steinberg Commissioner Edward L. Tobin Commissioner Deede Weithorn' Com m issioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Raul Aguila City Clerk Rafael E. Granado Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the Gity Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Gode sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. SUPPLEMENTAL AGENDA R5 - Ordinances R5K Tree Preservation And Protection Ordinance An Ordinance 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 Providing For Repealer; Codification; Severability;And An Effective Date. First Readinq (Sponsored by the N ei g h borhood/Com m un ity Affai rs Com m ittee) (Legislative Tracking: Public Works) (Deferred from June 11,2014 - RsO) (Ordinance) 1 THIS PAGE INTENTIONALLY LEFT BLANK 2 ORDINANCE NO. 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 I!, "CARE AND MAINTENANCE OF TREES AND PLANTS,,, BY AMENDING DIVISION 2, ..TREES,,; TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLICABILIry AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND PROCEDURES FOR OBTAINING PERMITS; IMPOSING CRITERIA AND GONDITIONS 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 SPEGIES; DUTIES AND AUTHOR!ry OF THE URBAN FORESTER; AND PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; 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 policies, regulations and standards to ensure its residents and visitors will realize the full benefits of a healthy, well- managed urban forest; and WHEREAS, the Administration recognizes that specific changes enhancing the existing City tree ordinance are necessary to obtain exemption from the regulatory oversight of Miami- Dade County; and WHEREAS, a City Tree Preservation Trust Fund needs to be created to collect fees, penalties and donations, to be used for the planting of trees in the City and any other ancillary costs associated with the planting, establishment or preservation of trees; and WHEREAS, a City Tree Work Permit process needs to be created to require licensure for tree removals, tree relocations, tree canopy pruning, tree root pruning, and regulation for installations of required tree canopy replacement; and WHEREAS, a process needs to be created requiring all tree service providers to register with the City, officially affirming that they shall follow the terms contained in the City tree ordinance, and be subject to all included fines, corrective actions and penalties for any violations; and WHEREAS, enhanced guidelines need to be created defining required tree protection measures to be undertaken on designated construction sites; and WHEREAS, a Heritage Tree designation process needs to be created to recognize and protect trees of unique character and high value, to also include a strong mechanism to help prevent any unauthorized removals of these trees and understory; and Asenda ttem RtK Date 1-Z?l/3 WHEREAS, a Specimen Tree designation needs to be created to include all trees with a diameter breast height (dbh) of 9" and above, to also include increased canopy mitigation and monetary contribution requirements for any Specimen tree impacts; and WHEREAS, the Administration has reviewed the enforcement provisions concerning the trimming, spraying, removal, planting, pruning, cutting and protection of trees Citywide, and is recommending the creation of necessary amendments, which shall establish appropriate fines and penalties; and WHEREAS, the Administration recommends amending the City's existing tree ordinance to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAM! BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article ll, entitled, 'CARE AND MAINTENANCE OF TREES AND PLANTS," of Chapter 46 of the Miami Beach City Code, Division 2 thereof, entitled 'TREES', is hereby amended as follows. GHAPTER 46 ENV!RONMENT ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS DIVISION 2. TREES PRESERVATION AND PROTECTION Sec. 46-56. Definitions. Sec: 16 57; Purpese: See: 16 59, ApBliea Sec: 16 60: Plant ma Sec, 46 61: Enfer See: 16 62: Tree abu See; 16 63, tethal r disease declare Secs, 46 61 16 90, Acf of God. Natural occurrences includino, but not limited to, hurricanes. tornadoes, liohtninq strikes, fire. disease, pest damaqe, or other event that causes a tree to die or decline and is outside of the control of anv person . 4 Arborist, An individual who is a specialist in the care and maintenance of trees and is eertified with the Ame a Certified Arborist bv the lnternational Societv of Arboriculture (lSA). Caliper refers te the : A measurement of trunk diameter of nursery trees, measured 6 inches above the qround for trunks with a tr€+ig€g€rd€+ediameter of 4 inches or less, and 12 inches above the thiekness-ef qround for trunks with a diameter laroer than 4 inches. Consu/frnq Arborisf; An individual who is a specialist in the care and maintenance of trees and is a Reqistered Consultino Arborist certified bv the American Societv of Consultinq Arborists (ASCA) Crtical Roof Zone: The portion of the root svstem that extends 10 feet from the trunk of the tree, or as adiusted bv the Public Works Director or his/her desisnee, as mav be determined bv an individual tree assessment. DBH i€+he (Diameter at Breast Height): The measurement of a tree's trunk diameter taken 4 Tz feet frem grade; above the qround er diameter at breas . The measurement of those trees with multipletrunks shall be the sum of the diameters of all trunks at 4 % feet above the qround. Drip-line; leaves ef the erewn ef the tree, An imaoinarv vertical line runninq to the qround from the outer- most horizontal extension of a tree's canopv. Trees with canopies set off-center will be proiected based on the averaqe diameter of the existinq drip-line, usinq the tree trunk as its point of oriqin. Effecfively desfror To cause, suffer. allow or permit anv act which will result in the death or unnatural decline of a tree. which mav include, but is not limited to, damaqe inflicted upon the root svstem bv heavv machinery, excessive root removal or cutting, excessive trimminq includinq hatrackino. removal of live palm fronds oriqinatinq above the horizontal plain, tears and splittino of limb ends or peelinq and strippinq of bark caused bv improper tree and palm pruninq techniques not in accordance with the latest edition of the American National Standards lnstitute (ANSI) A-300 pruninq standards, use of climbinq spikes on trees or palms not desionated for removal, trenchinq or excavatino in the critical root zone, chanqinq the natural orade above the root svstem or around the trunk, damaqe intentionallv inflicted on the tree which permits infection or pest infestation, application of herbicides or other chemical aqents, intentional fire damaqe to the tree, the infliction of a trunk wound throuqh qirdlino, spikinq and bark removal, or the removal of sufficient canopv to cause the unnatural decline of the tree. Gfdlrno: The removal of a strip of bark around a tree trunk or a branch of a tree. Hatracking; is an insensitive; unlawful preeess te remeve mere than 1/3 ef the everall existing, healthy tree erewn whieh renders the tree unattraetive and limits its ability te give shade, To flat- cut the crown of a tree bv severlnq the leader or leaders; or to prune a tree bv stubbinq off branches three (3) inches or qreater in diameter: or to remove more than 25 percent of a tree's canopv: or to reduce the size or spread of a tree's crown in a manner not in conformance with the most recentlv published American National Standards lnstitute (ANSI), 4-300 standards. 5 HeflTaqe lree. A tree so desionated bv the Citv of Miami Beach Mavor and Commission because of its unique or intrinsic value to the communitv with reqards to its historic value, size, aqe, location, distinctive form, exceptional characteristics, ecoloqical value or other relevant criteria. ef its age and size eernpared te ethers ef the same Weeies, iving;€rewinger deve le^ i n g, Parkway is a bread landseaped publie thereughfare, Private tree is a tree that belengete an individual eersen, eempany er interest and is leeated en private+repe*y$u*, in-seme-eases, may be visible er aeeessible te the publie, Prohibifed free species: Those tree species listed in Chapter 24 of the Miami Dade Countv Code, as amended, whose sale, prooaqation, plantinq, importation or transportation shall be prohibited under Miami-Dade Countv requlations. Profecfed free: Anv tree that is not desionated bv the Citv of Miami Beach as an exempt tree, and which: a. is located on orivate propertv in sinole familv zonino districts. havino a trunk diameter at DBH of equal to or oreater than nine (9) inches; or b. is located on public land or zoninq districts other than sinole familv districts, havinq no less than a three (3) inch DBH or ten (10) foot mature heioht; orc. is a replacement tree or anv non-exempt tree that is represented or identified in a planninq or development document for the purposes of securinq an approved Citv buildinq or demolition oermit. Profecfive barrier Fences or like structures at least four (4) feet in heiqht that exclude damaqe or disturbance to trees and tree roots on construction sites. Prunrnolfrimmrnq: The selective removal or reduction of tree limbs to benefit the overall health and safetv of a tree, pursuant to those requirements established bv the lnternational Societv of Arboriculture (lSA) and the American National Standards lnstitute (ANSI) A-300 pruninq standards (Part1). Publie tree is a tree that is aeeessible te er shared by all members ef the eemmunity and is Park' Publie nuisanee referenees any tree with an infeetieus disease, inseet er vermin preblem; dead er dying tree; a tree er limb(s) that ebstruet street lights, traffie signs, the free passage ef ieh may inelude a . Public nuisance free: A dead or dvino tree, or a tree with an infectious disease or insect infestation, or a tree that poses a threat to public safetv or the health of other trees in the 6 vicinitv, as determined bv the Citv of Miami Beach's Public Works Director or his/her desiqnee, who shall be the Citv's Urban Forester. me and similar ferm, Specimen lree: eharaeter usually measuring 18" er mere, in diameter, I 1/z'abeve greund level, A tree with an individual trunk that has a DBH of nine (9) inches or qreater, or anv multiple{runk tree in which the sum of the diameters of all the trunks at DBH is nine (9) inches or qreater, but not includinq non-native species of the qenus Ficus. Sprkrno: The insertion. whether verticallv or horizontallv, of foreion obiects into the trunk of the tree or its root svstem with the intention of killino the tree. Topping; refurs{o-+,pruningfreeess te flat eut the tep ef +tree er te remeve mere than ene third ef the tree erewn, See Hatracking. Vrable meane eapable ef living; grewing and develeping, Iree Service. Anv business. entitv, or individual who accepts or solicits compensation for trimminq, removinq or relocatinq trees, or who trims, removes or relocates trees as part of landscape or vard maintenance activities for which compensation is accepted. Urban Foresfer The Citv of Miami Beach official with specialized knowledqe of urban forest manaqement, arboricultural and horticultural practices, who has been desiqnated to manaqe the Citv of Miami Beach's urban forest bv the Public Works Director, to provide direction for tree plantinq. maintenance, removals, and all arboricultural practices and tree-related activities, and to carrv out the enforcement of this Division. Sec. 46-57. Purpose and lntent. The use ef trees en eity readways shall be eneeuraged by the eity threugh its departments and threugh develepment ef individual prejeets asseeiated with the regulatery review preeess, A uniferm eentinueus speeies shall be premeted fer the entire length ef a eity street in erder te reetseape and te eneeurage stabilizatien and the inerease ef preperty values, At times; it may be apprepriate te mix varieties when ereating a @ Trees will alse be planted fer purpeses ef beautifieatien, air eeeling xisting trees in the path ef Publieri eeiated with undergreund ine fer the ameunt ef easement spaee available, Tree plantings shall net eempremise the publie safety by impeding site lines at any publie readway; path, sidewalk er driveway, It is recoonized that trees are a vital part of the Citv of Miami Beach's infrastructure, providinq numerous environmental, economic. and social benefits. Trees improve air qualitv, save enerqv bv reducinq air conditionino costs, ameliorate hiqh urban temperatures, reduce storm water run- off, increase propertv values, improve productivitv, reduce stress and crime, and beautifv residential and commercial neiqhborhoods. Trees decrease urban noise, encouraoe tourism and economic qrowth, preserve communitv character and identitv, provide habitat for wildlife, 7 and shade pedestrian walkwavs. lt is the purpose and intent of this Division to establish policies, reoulations and standards to ensure that the Citv of Miami Beach, its residents and its visitors will realize the full benefits of a healthv, well-manaqed 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 diversitv in tree species and aqe classes to provide a stable and sustainable urban forest. 3. Minimize the removal or loss of protected trees.4. Require mitioation for the removal of protected trees on public and private propertv. 5. Establish procedures to designate and protect Heritaqe Trees of unique or intrinsic value to the communitv. as defined in this Division. 6. Maintain Citv of Miami Beach trees in a healthv and non-hazardous condition throuoh qood manaqement practices. 7. Minimize maintenance costs and damaoe to sidewalks, streets, and other infrastructure bv plantinq tree species that are appropriate for existing site conditions and available orowing space. 8. Preserve the communitv's character and qualitv of life well into the future. Sec. 46-58. Scope, and a ppl ica bi I ity-.=lCSrgfl.ptions. Trees that are the subjeet ef review under this divisien shall inelude these trees en all publie and Pri@sigrrated fer transplanting' pruning, releeatien er remeval, Trees shall have a diameter ef 18 inehes er e half feet abeve grade at diameter at breast height (DBH), This divisien shall apply te all trees; ineluding these leeated en the publie right ef way, regardless ef ageve, It shall be unlavvful for anv person, unless othenrvise permitted bv the provlsions of this Division, to perform tree removal work or effectivelv destrov anv tree located within the boundaries of the Citv of Miami Beach, on either public or private propertv, without first obtaininq a tree work permit. The orovisions of this Division shall applv to all protected trees on public or private propertv within the Citv of Miami Beach, unless expresslv exempted in Sec. 46-58.4 herein. 1. Trees that are subiect to review and a tree work permit shall include those trees with a DBH of three (3) inches or qreater or a mature heiqht of ten (10) feet or qreater on all public and private propertv, except on private propertv in sinqle familv zonino districts. Trees that are located on private propertv in sinole familv zoninq districts, and are specimen trees. shall be subiect to review. 2. Tree and palm work or removals, includino prohibited species, on public or private propertv must be approved bv the Citv's Public Works Department, and a tree work permit shall be required from the Citv of Miami Beach. 3. Anv tree work on a oublic or private riqht-of-wav shall require a tree work permit from the Public Works Department. All manorove trees and anv tree located upon land which is wetlands as defined in F.S. S 373.0'19, as amended, shall be subiect to the permittinq requlrements of Article lV of Chapter 24 of the Code of Miami-Dade Countv, Florida, as amended. 8 4. Exemptions The followinq shall be exempt from the provisions of this Division, and do not require a tree work permit: a. Removal of prohibited species that do not have a Heritaqe Tree desiqnation or are located in a desionated Historic district. b. Removal of dead trees or trees destroved bv an act of God. This exemption does not applv to anv trees or palms effectivelv destroved throuqh violations of those provisions set forth herein. c. Anv tree that, as the result of damaqe, disease or other cause. poses imminent danqer to health. safetv or propertv. and therefore requires immediate removal, mav be removed without obtainino a tree work permit; provided that the owner of the propertv can establish that such hazardous condition(s) existed prior to the removal. d. Removal of trees within the vard area of an existinq sinole familv residence, provided the trees are not Specimen Trees with a DBH of nine (9) inches or oreater. This exemption does not applv to trees that are qrowino on public riohts-of-wav adioininq existinq sinole familv residences. e. Removal of trees within licensed plant nurseries and botanical qardens; provided such trees were planted and are orowinq for the displav, breedinq, propaqation. sale or intended sale to the qeneral public in the ordinarv course of business. f. Removinq, trimminq, cuttinq or alterinq of anv manqrove tree or removal of anv tree located upon land which is wetlands as defined in Section 24-5 of the Code of Miami- Dade Countv, Florida, and are subiect to the permittino requirements of Article lV of Chapter 24 of the Code of Miami-Dade Countv. Florida. The Citv Manaoer mav suspend the enforcement provisions of this Division bv determininq that tree removal permittino requirements will hamper private or public work to restore order to the Citv of Miami Beach after a declared state of emerqencv bv the Citv or other qovernmental authoritv, followinq an extreme weather event or other disaster. Nothinq in this Division shall be construed to prevent the prunino or trimminq of trees on private propertv where necessarv for proper landscape maintenance and safetv; provided that no more than twentv-five (25) percent of the crown or foliaqe is removed annuallv and that the pruning performed does not effectivelv destrov the tree. See, 16 59, Applieatien preeessing and review, Requirements fer aequiring a permit fer transplanting' pruning, releeatien er remeval ef a tree (1) An applieatien ferm aequired frem the publie werks department, whieh will aet as the permi e any tree in the eity, A review by DERM will net be+equrre+ 9 (3) lf deemed neeessaryr a phetegraph; ef adequate quality, ef the tree prepesed fer review, ( l) Fer eemmereial and multi family preperty' a eepy ef the preperty survey with a marked si(5) A written deseriptien ef the prepesed tree werk, ie+ When an applieatien is deemed te be eemplete and is appreved by the publie werks Aien+n+n may alse be required fer tree remeval as per seetien 118 561, lf the permitted werk is net eity shall endeaver te ensure that the previsiens ef this divisien are net used te unduly burden a preperty ewner; er prevent them frem the reasenable eeenemie use ef their preperty, Sec. 46-59. Tree work permit application processinq. requirements. and review. 1. Permff. when requlred. A tree work permit shall be required: a. for the removal or relocation of anv tree within the Citv of Miami Beach that is subiect to review as specified in section 46-58: or b. for prunino or trimming that removes more than twentv-five (25) percent of the canopv of a tree: or c. for the pruninq of tree roots with a diameter of two (2) inches or qreater, except that no permit shall be reouired for the pruninq of roots when such pruninq is essential to anv emeroencv repairs. No person, aqent or representative thereof, directlv or indirectlv, shall trim more than 25% of a tree's canopv, or cut down, remove. relocate, or effectivelv destrov anv tree situated on anv propertv described in Sec. 46-58, or prune roots two (2) inches in diameter or laroer, without first obtaining a tree work permit as hereinafter provided. No buildinq permit shall be issued bv the Citv's Buildinq Department, and no rioht-of-wav permit shall be issued bv the Public Works Department, for anv work that has the potential to affect trees, includinq new construction, additions. carports. pools, decks, fences, drivewavs, parkinq 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. Applicafion reouftemenfs. Applications for tree work permits shall be made on the form provided for that purpose bv the Public Works Department. The application shall include a written statement indicatino the reasons for the removal or relocation of each tree, or for removing more than 25% of a tree's canopv, or for cuttinq roots two (2) inches in diameter or larger, and shall describe the proposed tree work. The followinq documentation and anv applicable fees shall accompanv applications: a. Applications for all locations except for existinq sinqle familv homes. Applications for tree work. in coniunction with anv new construction, includino new sinqle familv homes and additions, shall include a tree survev drawn to scale identifvino the species and listino the heiqht, spread and DBH of all existino trees shall be provided. The tree survev shall be prepared bv and bear the seal of a professional land survevor, licensed in the State of Florida. ln addition, a tree disposition and site plan 10 3. drawn to scale identifvinq and listinq all existinq trees and specifvinq the condition of each tree and whether such trees are to remain, to be removed, to be relocated, to have more than 25% of the canopv removed, and/or to have roots two (2) inches in diameter or larqer cut shall be provided. This plan shall also illustrate the location of all existinq structures and/or all proposed new construction, as applicable, the location of anv overhead and/or underqround utilities, the new locations of existinq trees to be relocated on site, and all areas affected bv construction-related activities, such as access routes to the propertv, and staqinq area. The plan shall be prepared bv and bear the seal of a landscape architect currentlv licensed to practice in the State of Florida. b. Applications for existing sinqle familv homes. Applications for tree work at existinq sinqle familv homes, shall require a site sketch indicatinq the approximate location and disposition of the tree(s) shall fulfill the requirement for a tree survev and site Plan. c. A tree replacement plan prepared in accordance with Sec. 46-62. d. The Public Works Department shall determine the completeness of an application pursuant to this subsection, and provide notification to the applicant of anv material that is required for the issuance or denial of the tree work permit. Review of applrcafion. Upon receipt of a completed application, the Public Works Department shall review the application for compliance with the reoulations as set forth ln this Division. Such review shall include a field inspection of the site, and if appropriate, referral of the aoplication to the Citv's Planninq Department, and other Citv departments or aqencies. as necessarv. ln historic districts. a Certificate of Appropriateness mav be required for the proposed tree(s) and or palm(s) impacts, as per Article X - Historic Preservation. Division 3, Sec. 118-564. The Public Works Department shall issue an intended decision approvinq. denvino or approvinq with conditions the application within thirtv (30) calendar davs from the date the application is deemed completed. Nofice. The Public Works Department shall notifv the applicant and post a notice of the intended decision on or adiacent to the subiect propertv in a location visible to the qeneral public. The notice approvinq or denvinq an application for a tree work permit shall be issued within twentv-four (24) hours of its determination. The postinq is to remain visible on the subiect propertv for ten (10) calendar davs from the postino date. /ssuance of permrt. The tree work permit, if aporoved bv the Public Works Department. shall be issued. The propertv owner shall be resoonsible for insurinq that the tree work permit is displaved until the authorized work is completed. lf the permitted work is not completed within one vear from the issuance date, the permit shall become subiect to revocation. Fees. Fees for tree work permits shall be established bv the Citv Commission. Applications from qovernment aqencies for tree removals solelv in areas dedicated to public use mav, at the discretion of the Citv Commission, be exempted from application and permit fees. Frnal rnspecfion. No later than six (6) months followinq the completion of the authorized work. the applicant shall schedule a final inspection with the Public Works Department for verification and acceptance of the final authorized work. The inspection shall be conducted bv the Urban Forester or his/her desiqnee. All new, relocated or mitiqation trees within the proiect area shall be replaced, if thev are not alive and viable one (1) vear after the final inspection. 4. 5. 6. 7. 11 ien, but requires a site visit, All e prenrgite+(1) Aeaeia aurieulea'Fermis', Earleaf Aeaeia (3) Arauearia heterephylla; Nerfel{< lsland Pine ine (7) Melaleuea quinquenervia, Paperbark Tree(8) Meteeismtexiferum,PeisenWeed (1 1) Sehefflera aetinephylla; Queensland Umbrella Tree(12) Sehinusterebinthifelius, Brazilian Pepper €*)+ Sec. 46-60. Criteria and conditions for tree removal and relocation. 1. Crfena for non-specimen free removal. No tree work permit shall be issued for tree removal from the site, unless one of the followinq criteria exists: a. The tree is located in the proposed buildinq footprint or vard area where a structure or improvement mav be placed and unreasonablv restricts the permitted use of the propertv. Trees located in the propertv frontase (within the Citv of Miami Beach's required setback), shall not be considered to be located within the buildinq footprint or vard. Trees on the public riqht-of-wav shall not be considered for removal as a result of restriction to or from Inqress or eqress to the qaraoes or parkinq on the site: provided however, that if there is no other reasonable access to and from the structure or to the propertv from the public rioht-of-wav, as determined bv the Public Works Director or his/her desiqnee, this requirement shall be waived. All proiect drawinos must include all existino trees on the private propertv and oublic riqht-of-wav accuratelv drawn to scale. Authorization to remove trees. includinq riqht-of-wav trees, shall be approved prior to issuance of a buildinq permit. b. The tree is diseased, damaqed or in danqer of fallino: interferes with utilitv service: creates unsafe vision clearance that cannot be corrected throuqh pruninq without effectivelv destrovinq the tree: or materiallv impairs the structural inteqritv of an existinq structure. c. The tree is an undesirable or non-native tree species and will be replaced with a South Florida native tree species to promote oood forestrv practices, or is an undesirable or non-native soecies and interferes with native tree species. d. The tree creates a health hazard, or it is in the qeneral health, safetv 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 mav be required to redesiqn the proiect to preserve non-specimen tree(s), or anv other tree determined bv the Public Works Director or his/her desiqnee to be of substantial value due to its species, size, aqe, form and/or historical siqnificance, and to provide an alternate plan, when feasible. which shall include the preservation of such tree(s) and desion alterations within the scope and intent of the initiallv proposed plan. 10 12 b. Where practical, as determined bv the Public Works Director or his/her desionee, Specimen trees, or anv other tree determined bv the Public Works Department to be of substantial value due to its species, size, aqe, form and/or historical sionificance, 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. lf the Public Works Director or his/her desionee determines it is not reasonablv possible to relocate such tree(s) either on or off-site, because of aqe, tvpe. size, or condition, the applicant shall be required to replace all trees permitted to be removed in accordance with the tree replacement requirements in Sec. 46-62. d. The Public Works Department mav require that the applicant provide a written report from an ISA Certified Arborist and or ASCA Reqistered Consultino Arborist before makinq anv determinations in coniunction with this Section. The Public Works Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist durinq construction to assure tree preservation. See, '16 61, EnfereemenUeivil remedies, The eity's parks maintenanee divisien; publie werks departrnent, and the envirenmental reseuree im++ingr-€prayi n g ; rem eva I ; pl antingr-pru+in$ raised dellar value ef sueh tree, shall be berne by the party invielatien, enfereement as set ferth in seetiens 30 71 th{eugh 30 80 ef the Miami Beaeh City Cede, $15;000,00 fer eaeh vielatien, ln additien; maximum eests may be in the ameunt whieh is ln additien te any etlrcr remedies previded by thie divisien, the eity shall have the fellewing (1) The eity may institute a eivil aetien in a eeurt ef eempeter* jurisdietien te establish liability terme ef thie artiele=ln additien; the eity shall be entitled te reeever its atterney'sfees and eests, Hewever; the eeurt may reeeive evidenee in mitigatien, Eaeh tree unlavrfully remeved under the (3) The eity may institutsa eivil aetien in a eeurt ef eempetent jurisdietien te seek injunetive relief te enferee eemplianee with this divisien te enjein any vielatien thereef; and te seek injunetive relief te prevent irreparable injury te the trees er preperties eneemeassed by the terms ef this divisien, ln additien; the eity shall be entitled te reeever its atteney's fees and eests, 11 13 Sec. 46-61. Criteria and conditions for the removal of more than 25% of a tree's canopv or for cuttinq roots two inches in diameter or larqer. 1. Crtena. No permit shall be issued for the removal of more than 25% of a tree's canopv or for cuttinq roots two inches in diameter or laroer. unless one of the followinq criteria exists: a. The tree is located in the proposed buildinq footprint area or vard area where a structure or improvement mav be placed and unreasonablv restricts the permitted use of the propertv. Trees located in the propertv frontaqe (within the Citv of Miami Beach's required setback), shall not be considered to be located within the buildino footprint or vard. Trees on the public riqht-of-wav shall not be considered for removal of more than 25% of a tree's canopv or for cuttinq roots two inches in diameter or laroer as a result of restriction to or from inqress or eqress to the oaraoes or parkino on the site, provided however, that if there is no other reasonable access to and from the structure or to the propertv from the public riqht-of-wav, as determined bv the Public Works Director or his/her desiqnee, this requirement shall be waived. All proiect drawinos must include all existinq trees on the private propertv and public riqht-of-wav drawn to scale. Authorization to remove more than 25% of a tree's canopv or to cut roots two inches in diameter or larqer. includinq riqht-of-wav trees, must be approved prior to issuance of a buildinq permit. b. The tree is diseased or damaged; creates hazardous conditions: interferes with utilitv service; creates unsafe vision clearance, or materiallv impairs the structural inteoritv of an existinq structure. 2. CondrTrons. Anv of the followino conditions mav be required: a. The applicant mav be required to redesiqn the proiect to preserve the structural inteqritv and minimize impacts to Specimen tree(s), or anv other tree determined bv the Public Works Director or his/her desiqnee to be of substantial value due to its species, size, aqe, form and/or historical siqnificance, and to provide an alternate plan. when feasible, which shall include the preservation and protection of such tree(s) and desiqn alterations within the scope and intent of the initiallv proposed plan. For all permitted tree work, the applicant shall adhere to lnternational Societv of Arboriculture (lSA) Best Manaoement Practices, and to ANSI ,4300 Standards as published in the most current edition of ANS/ 4300. The American National Standard for Tree Care Operations - Tree. Shrub, and Other Woodv Plant Maintenance - Standard Practices. b. The Public Works Department mav require that the applicant provide a written report from an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist before makino anv determinations in coniunction with this Section. The Public Works Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA Reoistered Consultinq Arborist durinq construction to assure tree preservation and protectlon. ie+ It shall be unlawful te abuse any tree leeated within the beundaries ef the City ef Miami Beaeh, (1) Damage inflieted upen any part ef a tree' ineluding its reet system, b., maehinery, ien-erfest i nfestatien, 12 14 (3) eutting upen any tree whieh destreys its natural shape, sueh as tepping er hatraeking, As€€€ieti€+ (6) Any aet that weuld eause a tree te beeeme nenviable, Any aet ef tree abuse that renders Sec. 46-62. Tree replacement. 1. Iree replacemenf charf. The tree replacement chart. below. shall be used to determine the total number and size of trees that must be planted for the replacement of those trees permitted to be removed. The replacement trees are based on DBH of the trees to be removed, and such determination is accomplished bv, calculatino the total sum in inches of the diameters of all trees to be removed. This sum will result in one (1) sinqle 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. All replacement trees shall have a heioht and root-ball size appropriate for the DBH. as stated in Grades and Sfandards for Nurserv P/anfs. Florida Department of Aqriculture and Consumer Services. Refer to Sec. 46-65 Specimen Tree Standards for tree replacement requirements for Specimen trees. a) Tree replacement chart. TABLE INSET: Total diameter of Total number of replacement OR Total number of replacement tree(s) to be removed (Sum of inches at DBH) trees required (2" DBH minimum each: 12' minimum heiqht)) trees required (4" DBH minimum each: 16' minimum heioht) 3"--6"2 or ! 7"--12"4 or 2 13"--18"q or 3 19"--24"8 or I 25"--30"10 or 5 31"--36"12 or 6 37"--42"14 or Z 43"--48"16 or g 49"--60"20 or 10 13 15 lf the sum of the diameter of trees to be removed exceeds a total of sixtv (60) inches, the additional inches shall be added cumulativelv from the top of the chart, down to the bottom of the chart, to calculate the number of trees required as replacement trees. 2. Iree species and diversrtv sfandards. Tree(s) installed as replacement trees shall be tree(s) of native or non-native species and shall be planted accordinq to ISA best manaoement practices, and to ANSI A300 Standards as published in the most current edition of ANS/ 4300. The American National Standard for Tree Care Operations - Tree, Shrub, and Other Woodv Plant Maintenance - Standard Practices. rffhen more lhan ten (10\ trees are installed as replacement trees, a diversitv of species shall be required as per the Tree Soecies Diversitv Chart. below. a) Tree species diversitv chart. TABLE INSET: Required number of trees Required minimum number of species 11--20 2 21--50 4 51 or qreater q The number of trees of each species planted shall be proportional to the number of species required. A minimum of fiftv (50) percent of all replacement trees planted shall be native to Miami-Dade Countv, and no more than thirtv (30) percent of the replacement trees shall be palms. Palms mav be installed onlv to replace palms. When trees native to South Florida are removed, all replacement trees for such native trees shall be native to South Florida. South Florida ls oeooraphicallv defined as the Southern tip of Florida South of Lake Okeechobee and includes hardiness zones 10 & 1 1 . 3. ProhrbrTed species. Replacement trees shall not be required for the removal of anv prohibited species. and no fees shall be charqed for removal of prohibited species. However. Miami Beach Historic Preservation Board approval is required before anv Specimen tree. including prohibited species, is removed from public or private propertv within a desionated historic district. 4. Iree quafty. 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 Sfandards for Nursery P/anfs. Parf / and //, " prepared bv the Florida Department of Agriculture and Consumer Services. Trees shall be planted accordinq to ISA best manaoement practices and ANSI A300 Standards as published in the most current edition of ANS/ 4300, Ihe American Nafional Sfandard for Tree Care Operations - Tree, Shrub. and Other Woodv Plant Maintenance - Standard Practices. 5. Off-sife replacemenf frees. ln those circumstances that the total number of trees required as replacement trees cannot be reasonablv planted on the subiect propertv, the applicant mav enter into an aqreement with the Citv, to plant the excess number of replacement trees on an approved alternate location of publiclv owned land or publiclv accessible parcel. 14 16 6. Citv of Miami Beach Tree Preservation Trust Fund.ln those circumstances lhal lhe total number of trees required as replacement trees cannot be reasonablv planted on the subiect propertv, and there is insufficient plantinq space available at a Public Works Department approved alternate location(s) of publiclv owned land or publiclv accessible parcel, the applicant shall contribute to the Citv of Miami Beach's Tree Preservation Trust Fund the sum of one thousand dollars ($1,000.00) for each two-inch DBH tree required as replacement trees in accordance with Sec. 46-62. The fee allocated to the Tree Preservation Trust Fund mav be reviewed periodicallv bv the Citv Commission to reflect cost of livinq adiustments and/or market conditions, and mav be modified bv approval of the Citv Commission. ln establishinq and reviewino fees, the Citv shall consider the cost of material, labor, transportation, plantinq, waterinq and mortalitv rate of replacement trees. 7. Complefion. The replacement tree process must be completed prior to the issuance of a certificate of occupancv or temporarv certificate of occupancv, and in accordance with the specific conditions set forth and identified in the tree work permit. ie+isanee, e nuisanee; detrimental te the health; eenvenienee; eemfert, aestheties and safety ef the publie; dying; palm trees is alse deelared te be unlaMul, The eity is hereby autherized and empewered, State law referenee tethalyellewing, F,S, S 187,161, Sec. 46-63. Tree preservation and protection requirements. root cuttinq and tree relocations. 1. Tree protection requirements durinq construction a. General. All reasonable steps shall be taken to prevent the destruction or damaqinq of trees for which no tree work permit has been issued durino site development and construction on private or public prooertv Anv owner, tenant, contractor or aoent thereof who fails to provide tree protection, as set forth herein, shall be subiect to enforcement as orovided in Sec. 46-70. Trees destroved or incurrinq maior damaoe must be replaced bv trees of equal environmental value, as specified bv the Public Works Department. prior to the issuance of the certificate of occupancv 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 anv trees relocated within or to the site. When proposed development activities mav damaoe the root svstems 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. PermUconsfruction drawnqs. All permit and construction drawinqs of the site shall show the tree protection zones, as prescribed bv the Public Works Department, as shaded areas that are accuratelv drawn to scale and labeled as such on the 15 17 drawinqs. The tree protection zones shall be shown on all drawinqs that include anv underqround utilitv installations, includinq but not limited to, irriqation, plumbinq, electrical, telecommunication or streetliqht lines. The tree protection zones shall be shown on all drawinos that include structural installations that will require excavation(s), and for above-qround installations that mav include, but is not limited to, such as walkwavs. street liqhts, overhead wires or other tvpes of infrastructure. 2. Tree protection reouirements The followinq tree protection. root pruninq, and tree relocation specifications must be adhered to as a condition of approval of the site plan for anv proiect. The Urban Forester mav require supplemental protection measures to ensure the protection of trees. The Urban Forester shall have the authoritv to enter the subiect propertv to ensure compliance with required tree protection measures. a. Protective Barriersi) 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 (10) feet from the trunk of anv protected tree, tree cluster or preservation area. ln situations where trees have been transplanted to the proiect site, the protective fencinq 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 qreater. The fenced tree protectlon zones shall be extended where necessarv to protect tree canopies roots. lf trees are to be preserved in place and root pruninq is required to accommodate new construction, the root pruninq locations shall be identified and approved bv the Public Works Department, and fencinq shall be installed one (1) to two (2) feet bevond the edqe of the root ball. The installation of the fencinq shall be coordinated with anv phased root pruninq that must occur. Tree maintenance measures must be in place prior to anv root pruninq or transplantino. ii) Timinq and Duration. All protective barriers shall be installed prior to the start of anv construction or site development, includino tree removal, demolition or land-clearino activities, and shall remain in place throuohout all phases of construction. Protective barriers shall be maintained in place until development is completed. and shall not be removed until the Public Works Department insoects the site and authorizes their removal. iii) Barrier Specifications. Sturdv temporarv barriers shall be installed around all tree protection zones. Barriers shall be a minimum of four feet hiqh, and shall be constructed of continuous chain link fence with metal posts at 8-foot spacino. or of two-bv-four-inch posts with three equallv spaced two-bv-four- inch rails. Posts mav be shifted to avoid roots. b. Activities Within Tree Protection Zones Enclosed Bv Protective Barriersi) Understorv plants within areas surrounded bv protective barriers shall be protected. ii) No oil, fill, equipment, buildinq materials, buildinq debris, or anv other material shall be placed within the areas surrounded bv protective barriers. iii) No disposal of anv waste material such as paints, oils, solvents, asphalt, concrete. mortar, or anv other material shall occur within the areas surrounded bv protective barriers. iv) Natural qrade shall be maintained on areas surrounded bv protective barriers. ln the event that the natural qrade of the site is chanoed as a result of site 16 18 development such that the safetv of the tree mav be endanoered, tree wells or retainino walls are required. v) Onlv hand dioqinq and qradinq activities will be permitted within the tree protection zone. All surroundino areas must be qraded to a point that meets the outside of the tree protection zone vi) Underqround utilitv lines, includinq, but not limited to, irriqation, plumbinq, electrical, or telecommunication lines, shall be placed outside the areas enclosed bv protective barriers. lf such placement is not possible, disturbance and root damaoe shall be minimized bv usinq techniques such as tunnelinq, hand diqoinq, excavation with an air spade, or the use of overhead utilitv lines. vii) No vehicles or equipment shall be permitted within areas surrounded bv protective barriers c. Fences, walkwavs and walls shall be constructed to avoid disturbance to anv protected tree. Post holes and trenches located close to trees shall be duo bv hand and adiusted as necessarv, usinq techniques to avoid damaqe to maior roots svstem. d. No attachments or wires other than those of a protective or non-damaqinq nature shall be attached to anv trees durinq site development or construction. e. Relocated trees shall be braced in such a fashion as to not scar, penetrate, perforate. or othenrvise inflict damaqe to the tree. f . All trees planted or transplanted pursuant to this Division shall be maintained alive and healthv in the site of plantinq or transplantation for a period of one vear after final acceptance bv the Public Works Department. Anv trees that die or are etfectivelv destroved within one vear shall be replaced bv the applicant or its successors or assiqns. 3. Root cuttinq The cuttino of roots with a dlameter of two inches or laroer is prohibited, unless there is no feasible construction alternative, as determined bv the Public Works Director or his/her desiqnee. The Citv mav require that construction activities. such as trench lines and walkway construction. be redirected awav from trees. Root cutting shall be done accordinq to approved techniques as outlined herein: a. Trees shall be evaluated bv the Urban Forester to determine whether the root cuttinq will destabilize the tree or cause unacceptable damaoe 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 4.5 feet above qround (DBH) 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 qreater in all other circumstances. c. Roots mav not be torn off with power equipment, and cut roots shall not be left with ripped, raqqed or shredded ends. Roots must be cleanlv severed with sharp hand tools or power root saws. d. When tunnelinq or otherwise avoidinq roots is not possible, the trench shall be carefullv excavated bv hand or machine and, when a root with a diameter of 2 inches or qreater 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 pruninq trench shall be backfilled with soil. 17 19 e. When adiacent to new curbinq, uncurbed paved areas, or areas of orade chanqes, roots shall be cut no more than 18 inches towards the tree from the back of the curb. the edqe of the pavement, or the ooint of intersection of old and new orades. respectivelv. After root pruninq, no excavation for the installation of forms or for anv other reason mav be performed anv closer than six inches outside of the root pruninq cut. The root pruninq trench shall be backfilled with soil. 4. Tree relocations a. lrriqation must be present and applied effectivelv for two to four weeks prior to root prunino. throuqh the period of root pruninq, and after root pruninq and transplantation until the tree has been completelv reestablished at the new plantinq space. lrrioation shall be operated automaticallv with water beinq applied directlv to and iust outside of the remaininq intact root svstem. Waterino frequencv shall be such so as to insure that free water is available to the root svstem at all times. Anv temporary disruption in automatic operation shall be supplemented bv hand waterinq. b. There should be no canopv pruninq or a minimum of canopv pruninq before or after root pruninq. Dead, diseased or damaqed branches shall be pruned at this time. c. The root svstem of a tree to be relocated shall be well-watered before the tree is duo and lifted to ensure that the tree is properlv hvdrated, and to improve cohesiveness of the root ball. d. All plantino. transplantinq and relocatino of trees or palms shall. be done in compliance with standards set forth in the most recentlv published edition of the American National Standards lnstitute ANSI A-300 Standards. This requirement includes all procedures, techniques. standards for minimum root ball size, and anv other standards included in ANSI 4-300 Standards. Exceptions to the requirements of subsections (1) and/or (2) and/or (3) of this section shall be approved onlv when the propertv owner receives specific written authorization from the Public Works Director. The Public Works Director shall not issue written approval, unless the Public Works Director determines that the affected trees can be adequatelv protected and maintained without meetinq the requirements of this subsections, or that, due to exceptional circumstances, it is not practical or reasonable to meet the requirements of this section. Sec. 46-64. Heritaoe trees. 1. Desr'onafion: Heritage Trees shall be those trees or orouoinq of trees desiqnated bv a resolution of the Citv Commission in recoonition that the trees or qroupinq of trees are of unique or intrinsic value to the qeneral public. Trees of anv species, includinq prohibited species, mav be desiqnated as Heritaqe Trees, provided thev meet the required criteria. Trees mav be so desionated, if one of the followinq criteria applies: a. lt is an historic tree or qroupinq of trees, of notable historical interest and value to the Citv of Miami Beach because of its or their location or historical association with the communitv. b. lt is a tree or qroupinq of trees of hiqh value to the communitv because of its or their species, size, aoe, location, distinctive form, exceptional characteristics, ecoloqical value. aesthetic value or other relevant criteria. 18 20 c. lt is a champion tree or qroupinq of trees, identified bv the State of Florida Division of Forestrv as beinq the larqest of its species within the state or bv the American Forestrv Association as beinq the larqest of its species in the United States or the world. Desiqnations can be initiated bv anv person with the written consent of the propertv owner(s) of such tree(s) bv makino an application to the Public Works Department or, on Citv owned propertv bv the Citv. Desiqnation requests shall be reviewed bv the Public Works Director, and those trees meeting the requirements of this section shall be presented to the Citv Commission, which shall decide whether to desionate a tree(s) as a Heritaqe Tree. The desiqnation of anv prohibited species as a Heritaqe tree, requires the issuance of a variance from Section 24 of the Code of Miami-Dade Countv, Florida, and shall be obtained prior to the Citv Commission Desionation. The Citv Clerk shall notifv the propertv owner(s) in writinq of the desionation bv the Citv Commission of the Heritaoe Tree. A listino of desionated Heritase Trees, includinq the specific locations thereof. shall be kept bv the Public Works Department. 2. Profecfion; Anv tree or qroupinq desionated as a Heritaoe Tree shall be subiect to the provisions of this Code. a. All areas within the drip-line of a Heritaqe Tree shall be protected from anv activitv that mav disturb or iniure the tree. b. Prior to the commencement of anv development activities or other potentiallv disturbinq activities that mav impact a Heritaoe Tree. and for the duration of such activitv, protective barriers required bv Sec. 46-63. Root cuttinq and tree relocations shall be placed a minimum of fifteen (15) feet from the trunk of the tree or at the drip- line of the tree, whichever is oreater. c. Where development activitv or other potentiallv disturbinq activitv is permitted within the drip-line of a Heritage Tree, the Urban Forester mav require additional orotection provisions to be incorporated in the conditions of the permit to assure protection of the Heritaqe Tree. d. A variance of the required minimum front, rear, and side-vard setbacks mav be oranted to allow the preservation of Heritaqe Trees. 3. Removal: No tree work permit shall be issued for removal of a Heritaqe Tree without a written evaluation bv an ISA Certified Arborist and or ASCA Reqistered Consultino Arborist demonstratinq that removal is necessary to avoid an immediate peril to life and/or propertv, and/or the tree is dead, non-viable, or deteriorated to the ooint that removal is warranted. Furthermore. the tree work permit shall not be issued until the Urban Forester evaluates the tree and determines that removal is necessary. Removal of Heritaqe Trees must be approved bv the Citv Commission and the replacement shall be determined bv the Citv Commission. Sec. 46-65. Specimen tree standards. 1. Specmen frees. Specimen trees that have not been classified as prohibited species shall be preserved whenever reasonablv possible. The Public Works Department shall consider all of the followino factors in evaluatino an application for the renewal of Specimen tree(s): a. Size and confiquration of the propertv: and b. Size and confiquration of anv proposed development: and 19 21 c. Location of the tree relative to anv proposed development; and d. Whether or not the tree can be preserved under the proposed plan or anv alternative plan; and e. Health, condition and aesthetic qualities of the tree; andf. Whether the tree poses a threat to persons or propertv. 2. A/fernafe p/ans. lf, upon review of the factors enumerated in Secfion 46-59. the Public Works Department determines that a Specimen tree cannot reasonablv be preserved under the proposed plan, the applicant mav be required to provide an alternate plan when feasible. which shall include preservation of the Specimen tree and desiqn alterations consistent with the scope and intent of the initiallv-proposed plan. Alterations consistent with the scope and intent of the initiallv-proposed plan mav include, but shall not be limited to: a. An adiustment of buildinq orientation on a site. b. An adiustment of lot lines within a site proposal for more than one (1) lot when such adiustment 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. 3. Specmen free relocatlon. lf preservation of the Specimen tree and anv alternate desiqn consistent with the scope and intent of the initial plan are mutuallv exclusive, then the Public Works Department mav issue a permit to relocate the Specimen tree. lf the tree removal permit requires relocation, then the applicant shall be required to relocate the tree 4. Removal of Specimen frees. lf relocation of the Specimen tree is not reasonablv possible. due to the size. health, location, species or anv other factor, then a permit mav be issued for removal, and tree replacement shall be required. 5. Rep/acemenf reourremenfs for Specimen frees. As a condition of the issuance of a tree removal permit for the removal of a Specimen tree. tree replacement requirements shall be twice those specified in Section 46-62. ln the event that replacement tree installation is not feasible on-site, then alternative off-site replacement shall be required on Citv approved publiclv owned land or publiclv accessible parcels. ln the event that there is insufficient plantins space available at a Citv approved offsite location, there shall be an equitable contribution to the Citv of Miami Beach Tree Preservation Trust Fund for double the amount of $1,000 for each two-inch DBH tree required as replacement trees in accordance with the Section 46-62. 6. Exemptions from Specimen tree replacement requirements. An aoolicanl mav be exemot from the Specimen tree replacement requirements of Section 46-65, but subiect to the tree replacement requirements in Section 46-62, under the followinq circumstances: a. The submittal of a tree appraisal report or tree risk assessment report from a landscape architect reqistered in the State of Florida, ISA Certified Arborist or an ASCA Reqistered Consultinq Arborist that states that a Specimen tree, due to disease, condition, qrowth habit or anv 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 46-65; or 22 b. When preservation of the Specimen tree would cause a foreseeable risk to propertv; or c. When a site contains more than one (1) Specimen tree, and fiftv (50) percent or more of the existino Specimen trees and at least fiftv (50) percent of the existinq Specimen tree canopv area is preserved, or d. Specimen tree exemptions approved bv the Urban Forester. Sec. 45-66. Gitv of Miami Beach Tree Preservation Trust Fund. 1. Esfablishmenf of frusf: There is herebv created the Miami Beach Tree Preservation Trust Fund (the "Trust") for the purpose of acceptinq and disbursinq the replacement fees paid to the Citv of Miami Beach as part of tree work permits and anv other monies deposited with the Public Works Department for tree preservation purposes. This fund shall solelv be used for the plantinq of trees on publiclv owned land in the Citv of Miami Beach, and anv other ancillarv costs associated with the plantino, establishment or preservatlon of trees. 2. Ierm of exisfence; The Trust shall be self-perpetuatinq from vear to vear. unless specificallv terminated bv the Citv Commission. 3. Irusf assefs: All monies received hereunder from public or private concerns shall be placed in trust for and inure to the use and benefit of the Citv of Miami Beach. These funds shall be expended. utilized and disbursed onlv for the plantinq, establishment or preservation of trees as desiqnated in this division, bv the Public Works Department on publiclv owned land. and upon approval of the Citv Commission. Trust funds will be used to obtain trees. landscapinq, irrioation svstems, and anv other items or materials necessarv and proper for the preservation, maintenance, relocation or restoration of trees and the urban forest on anv publiclv owned land in Miami Beach. 4. Trust administration: a. Trust funds shall be expended. utilized and disbursed bv the Public Works Department, upon aoproval of the Citv Commission. for the purposes desiqnated 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 qeneral revenue funds and accounts of the Citv. c. The funds obtained hereunder mav be accepted on behalf of the Citv bv the Citv Manaqer. who shall oromptlv 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, irrioation svstems, and anv other items or materials necessary and proper for the preservation, maintenance, relocation or restoration of trees and the urban forest on anv publiclv owned land or publiclv accessible parcels in Miami Beach. These funds mav also be expended bv the Citv of Miami Beach for the Adopt-a-Tree Prooram, or similar proqram approved bv the Citv Commission. Sec. 46-67. Tree services and arborists. Tree Services are anv businesses or individuals who accept or solicit compensation for trimmino, removinq, or relocatinq trees, or who trim, remove, or relocate trees as part of 21 23 landscaoe or vard maintenance activities for which compensation is accepted. Arborists are tree specialists certified bv the lnternational Societv of Arboriculture (lSA). 1. All tree services and arborists workinq within the Citv limits of Miami Beach shall be required to reoister with the Public Works Department. 2. Vehicles used bv a tree service or arborist operatinq within the Citv limits of Miami Beach shall be clearlv marked with the name of the tree service/arborist. ISA Certified arborists shall dlsplav the certified loqo and reoistration number, if anv. 3. A photocopv of the current occupational license and Citv reoistration shall be available for inspection at each iob site. 4. Persons enoaqed in business as a tree service or providinq tree services in the Citv of Miami Beach shall adhere to the American National Standards lnstitute. A-300 Standards. and shall complv with all reoulations contained in this ordinance and Division. 5. Persons enqaoed in business as a tree service or providinq tree services in the Citv of Miami Beach who violate the provisions of this ordinance and Division shall be subiect to enforcement pursuant to Section 46-70. Sec. 46-68. Trees constitutinq a public nuisance. 1. Anv tree, dead tree or tree stump upon anv parcel of land within the Citv of Miami Beach which imminentlv threatens or endanqers the public health, safetv or welfare, or which the Urban Forester determines to be a threat to the Citv of Miami Beach's urban forest due to an untreatable disease or infestation, is declared a public nuisance. 2. Trees or other woodv plant species, on propertv borderinq on anv street, which obstruct the passaqe of pedestrians on sidewalks, obstruct vision of traffic sions, or obstruct siqht lines at anv street or allev intersection are declared a hazard. 3. lt shall be the dutv of anv person owninq or occupvino real propertv on which there mav 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, correctivelv prune in accordance with American National Standards lnstitute 4-300 Pruninq Standards (part 1), or treat those hazards and nuisances in such manner as to eliminate the threat to public safetv or the possibilitv of infectino or infestinq surroundinq plant life. Canopv mitiqation shall be required in accordance with Sec. 46-62 Tree Replacement and Sec. 46-65. Specimen Tree Standards, as applicable. 4. The owner must remove. correctivelv prune, or treat such tree, dead tree or stump no later than ten (10) davs after receipt or postinq of the aforementioned Notice of Violation. The Citv mav remove, correctivelv prune, or treat the same or have the same removed, correctivelv pruned or treated and the exact cost thereof shall be assessed to the owner should the hazard or nuisance not be corrected. Sec. 46-70. EnforcemenUcivil remedies. Enforcem e nt an d Pe n altie s. (a) Civil fine for violators. The followinq civil fines shall be imposed for a violation of Section 46-59, for those violations incurred for not obtainino a Tree Work Permit: (1) First offense committed wlthin a 12 month period -$1000.00; (2) Second offense within a 12 month period -$2000.00: 24 (3) Third offense and subsequent offenses within a 12 month period -$3000.00. (b) Civil fine for violators. The followinq civil fines must be imposed for a violation of this Division. except for those penalties set forth in subsection (a): (1) First offense within a 12 month period- $500.00; (2) Second offense within a 12 month period -$1000.00; (3) Third offense and subsequent offenses within a 12 month period- $1500.00. (c) Enforcement. fhe Public Works Department shall enforce the provisions of this Division. This shall not preclude other law enforcement aoencies or requlatorv bodies from anv action to assure compliance with this Division. and all applicable laws. lf an enforcino officer finds a violation of this Division, the officer mav 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 pavinq the fine, notice that the Violation mav be appealed bv requestino an administrative hearinq within ten davs after service of the Notice of Violation, and that failure to appeal the violation within the ten davs. shall constitute an admission of the violation and a waiver of the rioht to a hearinq. (gU Riqhts of violators; pavment of fine; riqht to appear. failure to pav civil fine or to appeal. (f A violator who has been served with a Notice of Violation must elect to either: a. Pav the civil fine in the manner indicated on the Notice of Violation, or b. Request an administrative hearinq before a special master to appeal the Notice of Violation, which must be requested within 10 davs of the issuance of the notice of violation. (Q The procedures for appeal bv administrative hearinq of the Notice of Violation shall be as set forth in Sections 30-72 and 30-73 of the Citv code. (!) lf the named violator, after issuance of the Notice of Violation, fails to pav the civil fine, or fails to timelv request an administrative hearinq before a special master, the special master mav be informed of such failure bv 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 riqht to an administrative hearino before the special master, and must be treated as an admission of the violation, which fines and penalties to be assessed accordinqlv. ({) A certified copv of an order imposinq a fine mav be recorded in the public records, and thereafter shall constitute a lien upon anv real or personal oropertv owned bv the violator. which mav be enforced in the same manner as a court iudqment bv the sheriffs of this state, includinq levv aqainst the violator's real or personal propertv, but shall not be deemed to be a court iudqment except for enforcement purposes. (Q Anv partv aqgrieved bv a decision of a special master mav appeal that decision to a court of competent iurisdiction. 23 25 (Q) The Special Master shall be prohibited from hearinq the merits of the Notice of Violation or the consideration of the timeliness of a request for an administrative hearins, if the violator has failed to request the administrative hearino within ten (10) davs of the issuance of the Notice of Violation. (l) The Special Master shall not have discretion to alter the oenalties prescribed in Subsections 46-70 (a) and (b) herein. (e) Enhanced penalties. The followinq enhanced penalties shall be imposed, ln addition to anv mandatorv fines set forth in subsections (a) and (b) above. for violations of this Section: (l) Enhanced Penalties for Subsection (a): (g) The tree work activitv must be immediatelv terminated, upon confirminq a violation has occurred, bv the Miami Beach Police Department and the Public Works Department. (b) Violations for subsection (a) shall be issued to the propertv owner and the tree services companv. who shall be ioint and severallv liable for the violation. (q) The Public Works Deoartment shall decline to issue a Tree Work Permit to such person, individual, entitv, business, companv or anv affiliates that have violated this Section within a three (3) month period. The prohibition from receivino the Tree Work Permit shall be for a three (3) month period of time. (Q Enhanced Penalties for Subsection (b): (g) lf the offense is a fourth offense within the precedinq 12 month period of time. in addition to the fine set forth in subsection (b). the propertv owner, tree services companv permittee or anv affiliates shall be prohibited from receivinq a Tree Work Permit for a three (3) month period of time. (b) lf the offense is a fifth offense within six (6) months followino the fourth offense, in addition to anv fine set forth in subsection (b), the propertv owner, tree services companv permittee or anv affiliates shall be prohibited from receivinq a Tree Work Permit for a six (6) month period of time. The propertv owner, tree services companv or permittee shall be deemed a habitual offender. (s) The Public Works Department mav decline to issue future Tree Work Permits to such person, individual. entitv. business. companv or anv affiliates that have been deemed habitual offenders pursuant to this section for a period of up to one vear. Sec. 46-71. Prohibited species. This Division incorporates bv reference the prohibited species list in Chapter 24 of the Miami- Dade Countv Code. lf present on a development or redevelopment site, thev shall be removed 24 26 prior to development or redevelopment. and their sale, propaqation, plantinq, importation or transportation is prohibited. The onlv exceptions to this shall be if the particular site contains prohibited species trees that have been desiqnated as Heritaqe trees or are located in a desionated historic district as so defined in Sec. 46-56 herein, provided a variance from the requirements of Chapter 24 of the Code of Miami-Dade Countv. Florida, has been obtained. No fees shall be charqed for their removal, and replacement trees mav be required for the removal of anv prohlbited species in accordance with Citv of Miami Beach Code Sec. 118-251. Final decisions on canopv replacement for prohibited species shall involve review and approval from Public Works Greenspace Manaqement staff. This list mav be amended from time to time as set forth in Section 24-49.9 of the Code of Miami-Dade Countv, Florida. The Public Works Department shall be responsible for makino the list available to applicants. Secs. 46,414-73 - 46-90. Reserved. SECTION 2. 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 Code of the City of Miami Beach, Florida. 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. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION4. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFEGTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this _ day of ATTEST: RAFAEL GRANADO, CITY CLERK Underscore denotes new language Strike+nreush denotes deleted lang uage 2014. PHILIP LEVINE, MAYOR APPROVED ASTO FORM & IANGUAGE & FOR EXECUTION : 25 &-r 27