R5A-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;
;DefiningTreesConstitutingAPublicNuisance;ProvidingFor
Appeals; Enforcement And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban
Forester; And Providing For ler; Codification, Severability; And An Effective Date.
Su Data (Surveys, Environmental etc: n/a
The City of Miami Beach (City) adopted the current version of the Afticte ll. Care and Ma'mtetnnce of
Trees and Plants Division 2 Trees code on November B, 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 currenfly
in final review stages with County RER Tree Program. Should the Commission approve the Ordinance
on Second Reading, approval will be sought from the County prior to implementation.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING
AND IMPLEMENTATION ONCE FINAL COUNTY APPROVAL HAS BEEN OBTAINED.
This item was presented at the April25, 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 approval.
Financial I nformation :
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
Clerk's Office
t:\agenda\20 1 4\october\public works\tree ordinance -
AGENDA ITEil,l NsA# AAIAMIBTACH hAYE M-ea-ly281
g MIAMI BEACH
City of Miomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and oft ity Commission
Jimmy L. Morales, City Manager D READING
DATE: October 22,2014
SUBIECT: AN ORDINANCE OF THE MAYOR AND Clry COMMISSION OF THE Clry OF
MTAMI BEACH, FLOR|DA, AMEilDtNG CHAPTER 46 OF THE MtAMt BEACH CtTy
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, APPLICABILITY
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;
ANS-4RBOR+S+$iDEFINING TREES CONSTITUTING A PUBLIC NUISANCE;
PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL REMEDIES;
PROHIBITED SPECIES; DUT!ES AND AUTHORITY OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on the Second Reading and official
adoption once final Miami Dade County approval has been obtained.
BACKGROUND
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 200612007. This effort, combined with neighborhood tree
installations associatedwith 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
September 10, 2014 Pase 2 of 3
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.
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 foruvard 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.
r 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
canopy removed as in the County code.
. 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 during the implementation
process.
. 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
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Tree Ordinance- Memo
September 10, 2014 Pase 3 of 3
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.
o The revised code provides definitions, language and punitive penalties designed to
prevent improper tree and palm pruning, effective 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 the County RER Tree Program. Should the
Commission approve the Ordinance on Second Reading, approval will be sought from the
County prior to implementation.
CONCLUSION
The Administration recommends approving the Ordinance on the Second Reading and
implementation once final Miami Dade County approval has been obtained.
Attachments: Draft Tree Ordinance
lMtMtgfr,rFlMW
T:\AGENDA\201 4\October\PUBLIC WORKS\Tree Ordinance - MEMO.docx
284
ATTACHMENT
TREE ORDINANCE
(TO BE PROVTDED BY LEGAL)
285
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTIGLE II, "CARE AND MAINTENANCE OF TREES AND
PLANTS," BY AMENDING DIVISION 2, "TREES"; TO AMEND THE
DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLIGABILITY
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
PROTEGTION REQUIREMENTS; DEFINING AND PROTECTING
HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEACH TREE PRESERVATION TRUST FUND; REGUE}q'TIN€ TREE
DEFIN!NG TREES GONSTITUTING A
PUBLIC NUISANCE; PROVIDING FOR APPEALS; ENFORCEMENT
AND CIVIL REMEDIES; PROHIBITED SPECIES; DUTIES AND
AUTHORITY OF THE URBAN FORESTER; AND PROVIDING FOR
REPEALER; GODIFIGATION; SEVERABILITY; AND AN EFFEGTIVE
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 enhanclng 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
286
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
GOMMISSION OF THE CITY OF MIAMI 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:
CHAPTER 46
ENVIRONMENT
ARTIGLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
***
DIVISION 2. TREES PRESERVATION AND PROTECTION
Sec. 46-56. Definitions.
ffi
S€€: 46 59; Applica
SeG; 46 60: Plant ma
Sec: 16 61, Enferee
See, {6 62: Tree abu
See4€i 63, tethalvello
Secs: 16 6'1 16 90:
Acf of God: Natural occurrences includino. but not limited to, hurricanes, tornadoes. liqhtninq
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 .
287
Arborisl An individual who is a specialist in the care and maintenance of trees
and is eertified with the A a Certified Arborist bv the International
Societv of Arboriculture (lSA).
Caliper refer+ te the : A measurement of trunk diameter of nursery trees, measured 6 inches
above the qround for trunks with a tre+i+{€geds+ediameter of 4 inches or less, and 12 inches
above the thiek+ess.ef qround for trunks with a diameter larqer than 4 inches.
Consu/finq Arborsf; An individual who is a specialist in the care and maintenance of trees and is
a Reqistered Consultinq Arborist certified bv the American Societv of Consultinq Arborists
(ASCA)
Cntrcal 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 hisiher desiqnee. as mav be determined bv an
individual tree assessment.
DBH is+he (Diameter at Breast Height): The measurement of a tree's trunk diameter laken 4 Yz
feet frera grade; above the qround er diameter at breas . The measurement of those
trees with multiple-trunks 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 imaqinarv vertical line runnino to the ground 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 cuttino, excessive trimminq
includino hatrackino, removal of live palm fronds orioinatino above the horizontal plain, tears
and splittinq of limb ends or peelino and strippinq of bark caused bv improper tree and palm
prunino techniques not in accordance with the latest edition of the American National Standards
lnstitute (ANSI) A-300 prunino standards, use of climbinq spikes on trees or palms not
desiqnated for removal, trenchinq or excavatinq in the critical root zone, chanqinq the natural
qrade 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 aoents,
intentional fire damaqe to the tree. the infliction of a trunk wound throuqh qirdlinq, 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' unlavvful preeess te remeve rnere than 1/3 ef the everall existing;
To flat_
cut the crown of a tree bv severino the leader or leaders; or to prune a tree bv stubbinq off
branches three (3) inches or oreater 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), A-300 standards.
288
Hefltaqe lree: A tree so desiqnated 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.
Uanemar*tree snal
ef its age and size eempared te ethers ef the same speeies,
in+
Parkway is a bread landseaped publie thereughfare,
Private tree is a tree that belengs te an individual persen; eempany er interest and is leeated en
private preperty b
Prohrbffed free species: Those tree species listed in Chapter 24 of the Miami Dade Countv
Code, as amended, whose sale, propaqation, plantino. importation or transportation shall be
prohibited under Miami-Dade Countv reoulations.
Profecfed free:Anv tree that is not desiqnated bv the Citv of Miami Beach as an exempt tree,
and which:
a. is located on private propertv in sinole familv zonino districts, havinq a trunk diameter at
DBH of equal to or oreater than nine (9) inches: or
b. is located on public land or zonlnq districts other than sinole familv districts, having no
less than a three (3) inch DBH or ten (10) foot mature heioht: or
c. is a replacement tree or anv non-exempt tree that is represented or identified in a
planninq or development document for the purposes of securino an approved Citv
buildinq or demolition permit.
Profecfive barrier Fences or like structures at least four (4) feet in heioht that exclude damaqe
or disturbance to trees and tree roots on construction sites.
Prunrnqlfnmmmo: 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) 4-300 prunino
standards (Part1).
Publie tree is a tree that is aeeessible te er shared by all members ef the eemmunity and is
usually planted en a eity right ef way er in a eity 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
Public nursance 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
289
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.
Speeies is a elass having eemmen attributes and designated by a eernm€n name and similar
ferm,
Specimen Jree. any tree that may be netieed by reasen ef an individual distinguishing large
eharaeter usually measuring 18" er mere; in diameter; I 1i' abeve greund level, A tree with an
individual trunk that has a DBH of nine (9) inches or qreater. or anv multiple-trunk tree in which
the sum of the diameters of all the trunks at DBH is nine (9) inches or oreater, but not includinq
non-native species of the qenus Ficus.
Sprkrnq: The insertion, whether verticallv or horizontallv. of foreiqn obiects into the trunk of the
tree or its root svstem with the intention of killinq the tree.
Topping;
third ef the tree erewn, See Hatrackino.
Vrable means eapable ef living' grewing and develeping,
Iree Seryice: Anv business, entitv, or individual who accepts or solicits compensation for
trimminq. removino 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 knowledoe of urban forest
manaoement. arboricultural and horticultural practices, who has been desiqnated to manaoe 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. Pu rpose4g!-!41!q,l!
The use ef trees en eity readways shall be eneeuraged by the eity threugh it€ 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
inerease ef preperty values, At times; it may be apprepriate te mix varieties when ereating a
ing
ie
ri
utility elegging' sidewalk replaeement and tree related aeeidents due te inapprepriate planting
fer the ameunt ef easement spaee available, Tree plantings shall net eempremise the publie
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 energv
bv reducino air conditioninq costs, ameliorate hiqh urban temperatures. reduce storm water run-
otf, increase propertv values, improve productivitv, reduce stress and crime, and beautifv
residential and commercial neiqhborhoods. Trees decrease urban noise, encouraqe tourism
290
and economic orowth. preserve communitv character and identitv, provide habitat for wildlife,
and shade pedestrian walkwavs. lt is the purpose and intent of this Division to establish
policies. requlations 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 desionate and protect Heritaoe 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 manaoement practices.
7. Minimize maintenance costs and damaqe to sidewalks, streets, and other infrastructure
bv plantinq tree species that are appropriate for existino site conditions and available
orowinq space.
8. Preserve the communitv's character and qualitv of life well into the future.
Sec. 46-58. Scope. and applicability-. and exemptions.
Trees that are the subjeet ef review under this divisien shall inelude these trees en all publie and
e
(erd, Ne, 2000 3279; $ l; ll 8 00)
It shall be unlawful for anv person, unless othenruise permitted bv the provisions 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 provisions 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 oreater or a mature heiqht of ten (10) feet or qreater on all
public and private propertv, except on private propertv in sinqle familv zoninq 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 public or private riqht-of-wav shall require a tree work permit from the
Public Works Department. All manqrove trees and anv tree located upon land which is
wetlands as defined in F.S. $ 373.019. as amended. shall be subiect to the permittinq
291
requirements of Article lV of Chapter 24 of the Code of Miami-Dade Countv, Florida, as
amended.
4. Exemptions
The followino 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 throuoh violations of those
provisions set forth herein.
c. Anv tree that. as the result of damaqe, disease or other cause. poses imminent
danger 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 sinqle familv residence; provided
the trees are not Specimen Trees with a DBH of nine (9) inches or qreater. This
exemption does not aoplv to trees that are qrowinq on public riqhts-of-wav adioininq
existino sinqle familv residences.
e. Removal of trees within licensed plant nurseries and botanical qardens: provided
such trees were planted and are qrowinq for the disolav, breedino. propaoation, sale
or intended sale to the oeneral 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 permittinq requirements of Article lV of
Chapter 24 of the Code of Miami-Dade Countv. Florida.
The Citv Manaqer mav suspend the enforcement provisions of this Division bv determinino
that tree removal permittinq requirements will hamper private or public work to restore order
to the Citv of Miami Beach after a declared state of emeroencv bv the Citv or other
governmental 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 necessary for proper landscape maintenance and safetv; provided
that no more than twentv-five (25) percent of the crown or foliaoe is removed annuallv and
that the pruninq performed does not effectivelv destrov the tree.
Requirements fer aequiring a permit fer transplanting; pruning; releeatien er remeval ef a tree
measuring 18 inehes er greater at DBH shall inelude,(1) An applieatien ferm aEuired frem the publie werks department; whieh will aet as the
lead ageney, The eempleted applieatien will then be preeessed threugh the planning
ing
292
permit te transpta
Oe-reg++ire+
(3) lf deemed neeessary, a phetegraph' ef adequate quality; ef the tree prepeeed fer review,
( l) Fer eemmereial and multi family preperty; a eepy ef the preperty survey with a marked
leeatien ef all the trees in€luding feliage mass' ealiper' and speeies names, ln the ease ef a
single family preperty, a site sketeh indieating the appreximate leeatien ef the tree is required,(5) A written deseriptien ef the prepesed tree werk,(6) A tree maintenanee eempany whieh is state lieensed and insured shall shew preef ef
ie+
When an applieatien is deemed te be eemplete and is appreved by the publie werks
+sien++en
eempleted within ene year frem the issuanee date' the permit shall beeeme null and veid, The
eity ehall endeaver te ensure that the previsiene ef this divisien are net used te unduly burden a
preperty ewner, er prevent thern frem the reasenable eeenemie use ef their preperty,
Sec. 46-59. Tree work permit application processinq. requirements. and review.
1. Permrt, when required A tree work permit shall be required:
a. for the removal or relocation of anv tree within the Citv of Mlami Beach that is subiect
to review as soecified in section 46-58: or
b. for pruninq or trimminq 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 oreater, except that
no permit shall be required for the pruninq of roots when such pruninq is essential to
anv emerqencv 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 obtaininq a tree work permit as hereinafter provided. No buildinq permit shall be
issued bv the Citv's Buildino Department, and no riqht-of-wav permit shall be issued bv the
Public Works Department, for anv work that has the potential to affect trees, includino 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 requ,remenfs. 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
removino more than 25% of a tree's canopv, or for cuttino roots two (2) inches in diameter or
laroer. and shall describe the proposed tree work. The followino documentation and anv
applicable fees shall accompanv applications:
a. Applications for all locations except for existinq sinole familv homes. Applications for
tree work, in coniunction with anv new construction, includinq new sinqle familv
homes and additions, shall include a tree survev drawn to scale identifvinq the
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species and listino the heioht, spread and DBH of all existinq 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
drawn to scale identifvinq and listino 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 existino structures and/or all proposed new construction, as applicable, the
location of anv overhead and/or underqround utilities, the new locations of existino
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 existinq 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.
3. Review of apolicafion. Upon receipt of a completed application, the Public Works
Department shall review the application for compliance with the requlations as set forth in
this Division. Such review shall include a field inspection of the site, and if appropriate.
referral of the application to the Citv's Planninq Department, and other Citv departments or
aqencies. as necessarv. ln historic districts. a Certificate of Aopropriateness 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, denvinq or approvino with conditions the application within
thirtv (30) calendar davs from the date the application is deemed completed.
4. 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 approvino or denvinq an application for a tree work permit shall be issued
within twentv-four (24) hours of its determination. The postino is to remain visible on the
subiect propertv for ten (10) calendar davs from the postinq date.
5. /ssuance of permff. The tree work permit, if approved bv the Public Works Department. shall
be issued. The oropertv owner shall be responsible for insurino 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.
6. Fees. Fees for tree work permits shall be established bv the Citv Commission. Applications
from qovernment agencies 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.
7. 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 desionee. All new, relocated or mitiqation trees within the
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proiect area shall be replaced, if thev are not alive and viable one (1) vear after the final
inspection.
Remeval ef the fellewing plants is permitted witheut an applieatien; but requires a site visit, All
s
prenrgrte+(1) Aeaeia aurieulea 'Fermis'; Earleaf Aeaeia
(3) Arauearia heterephylla, Nerfelk leland Pine
ine
(7) Melaleuea quinquenervia; Paperbark Tree
(11) Sehefflera aetinephylla; Queensland Umbrella Tree(12) Sehinusterebinthifelius; Brazilian Pepper
€rtffr
Sec. 46-60. Criteria and conditions for tree removal and relocation.
1. Crifera for non-specimen free removal. No tree work permit shall be issued for tree removal
from the site, unless one of the followino 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 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 rioht-of-wav shall not be considered for removal as a result of
restriction to or from inqress or eqress to the qaraqes 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 drawinqs must include all
existinq trees on the private propertv and public rioht-of-wav accuratelv drawn to scale.
Authorization to remove trees, includinq right-of-wav trees, shall be approved prior to
issuance of a buildinq permit.
b. The tree is diseased, damaqed or in danoer of fallinq; 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 existino
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 qood forestrv practices, or is an undesirable or
non-native species 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.
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a. The applicant mav be required to redesign 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 sionificance. and to
provide an alternate plan, when feasible, which shall include the preservation of such
tree(s) and desiqn alterations within the scope and intent of the initiallv proposed plan.
b. Where practical, as determined bv the Public Works Director or hisiher desionee,
Specimen trees, or anv other tree determined bv the Public Works Department to be of
substantial value due to its species, size. aoe, form and/or historical significance, 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 desiqnee determines it is not reasonablv possible
to relocate such tree(s) either on or off-site. because of ase, 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
Reoistered Consultinq Arborist durinq construction to assure tree preservation.
The eity's parks maintenanee divisien' publie werks department; and the envirenmental reseuree
inffiruning;
eutting and preteetien ef trees eitywide, The eest ef repair er replaeement, er the appraised
dellar value ef sueh tree; shall be berne by tlrc party in vielatien,
$15,000,00 fer eeeh vielatien, ln additien, maxirnum eests may be in the ameunt whieh is
neeessary te replaee a tree ef the same size' and speeies; that was remeved er destreyed,
ln additien te any ether remedies previded by this divisien; the eity shall have the fellewing
isdieial remedie
(1) The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te establish liability
and te reeever damages fer any injury eaused by the remeval ef trees in eentraventien ef the
terrns ef this artiele, ln additien, the eity shall be entitled te reeever its atterney's fees and eests,
Hewever, the eeurt may reeeive evidenee in mitigatien, Eaeh tree unlaMully remeved under the
previsiens ef this d
(3) The eity may institute a eivil aetien in a eeud ef eempetent jurisdietien te seek injunetive
relief te enferee eemplianee with this divisien te enjein any vielatien thereef; and te seek
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i
Sec. 46-61. Griteria and conditions for the removal of more than 25% of a tree's canopv or
for cuttinq roots two inches in diameter or Iarqer.
1. Crteria. No oermit 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 buildino 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 buildinq 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 cuttino roots two inches in diameter or larqer as a result of
restriction to or from inqress or eoress to the oarages 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 desionee, this requirement shall be waived. All proiect drawinss 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 larger. includinq rioht-of-wav trees, must be approved prior to issuance of a
buildino permit.
b. The tree is diseased or damaoed: creates hazardous conditions: interferes with utilitv
service; creates unsafe vision clearance: or materiallv impairs the structural inteqritv of
an existino structure.
2. Condrtions. Anv of the followino conditions mav be required:
a. The applicant mav be required to redesion 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 sisnificance. 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 Manaqement
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.
b. 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 and
protection.
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 ite reet system; by maehinery;
nreehanieal deviees, seil eempaetien' exeavatien, intentienal vehiele abuse; ehemieal
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eubstanees; er any remeval ef the euter bark area,
ien=
(3) Cutting upen any tree vr+trieh destreys its natural shape; eueh as tepping er hatraeking,
( l) Fastening any sign, repe, wire er ebjeet by nail' staple; ehemieal substanee; er ether
(5) Any pruning, er eutting, in vielatien ef the praetiees established by the Natienal Arberist
As€e€iatie+
(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#of trees that must be planted for the replacement of those trees
permitted to be removed. A tree reolacement olan shall be submitted to the Public Works
Oepartment as part ot
of trees, numOer ot
reolacement trees a of the trees to be removed.
and such measurementde*e+ is accomplished
use of aeriat onoto
i+inehes ef the dl
remove* eanopyd*rme*e+ measurement shall be rounded up to the nearest footheh. -4#
reptaeement trees
in €redee and SfandsffiRefer to Sec. 46-65 Specimen Tree Standards for tree replacement
requirements for Specimen trees.
a) Tree replacement chart.
TABLE INSET:
Reolacement Tree
C ate o o rvTetal-diameter
Canoov Credit in Souare
Eeet+€+a+aqsmber.€f.^^t^^^*^^+ +.^^ffi ffi;MW
Cateoorv 1 Tree3lL-S 30q3
Cateoorv 2TreeT:--4#15_M
Cateoorv 3 Tree43l[9 _1_00€
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298
Cateoorv 4 Palm4#' I
-"
r" I .J-v.-2+
fne PuOtic Wort<s Oe
reptacement tree.
heights shall be de
to tne too-most nra
tne time ot otantin
ftOt feet in height a
Oe a minimum of eion
category 4 oalms sha
te Ee rerneved exeee
2. Iree species and dryersffy sfandards. Tree(s) installed as replacement trees shall be tree(s)
of native or non-native species and shall be planted accordino to ISA best manaqement
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 Mainten
installed as replacement trees, a diversitv of species shall be required as per the Tree
Species Diversitv Chart. below.
a) Tree species diversitv chart.
TABLE INSET:
Required number of trees Required minimum number of species
0714.-20 Z
21--50 4
51 or oreater 6
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 is oeooraphicallv defined as the Southern tip of Florida South of Lake Okeechobee and
includes hardiness zones 10 & 1 1 .
3. Prohrbffed species. Replacement trees shall not be required for the removal of anv
prohibited species. and no fees shall be charoed for removal of prohibited species.
However. Miami Beach Historic Preservation Board approval is required before anv
Specimen tree, includinq prohibited species, is removed from public or private propertv
within a desiqnated historic district.
4. Iree oualffy. 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
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in the mosl current edition of "Grades and Standards for Nurserv Plants. Part I and
//, " prepared bv the Florida Department of Aqriculture and Consumer Services. Trees shall
be planted accordino to ISA best manaqement practices and ANSI A300 Standards as
published in the most current edition of ANS/ 4300. Ihe Amencan 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.
6. Citv of Miami Beach Tree Preservation Trust Fund.ln those circumstances that the lotal
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
aporoved 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#B#-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 aoproval of the Citv Commission. ln
establishinq and reviewino fees. the Citv shall consider the cost of materlal, 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+uisanee=
The retentien and maintenanee en private preperty ef palm trees that have been killed; er that
ie
refusal ef the ewner er party in pessessien ef the private preperty te remeve sueh dead; er
dying, palrn trees is alse deelared te be unlawful, 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 damaginq
of trees for which no tree work permit has been issued durino site development and
construction on private or public propertv Anv owner. tenant. contractor or aoent
thereof who fails to provide tree protection, as set forth herein, shall be subiect to
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300
enforcement as provided in Sec. 46-687€. Trees destroved or incurrinq maior
damaqe 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. PermUconsfrucfion drawrnqs. All permit and construction drawinos 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
drawinqs. The tree protection zones shall be shown on all drawings that include anv
underoround utilitv installations, includinq but not limited to, irriqation, plumbinq,
electrical. telecommunication or streetlioht 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 requirements
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 Baniersi) 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, whlchever is qreater. The fenced
tree protection zones shall be extended where necessary to protect tree
canopies roots. lf trees are to be preserved in place and root pruninq is
required to accommodate new construction, the root prunino locations shall
be identified and approved bv the Public Works Department, and fencino
shall be installed one (1) to two (2) feet bevond the edqe of the root ball. The
installation of the fencino 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, includinq tree removal, demolition or
land-clearinq activities, and shall remain in place throuqhout 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 inspects 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
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301
be constructed of continuous chain link fence with metal posts at 8-foot
spacinq, 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 Barriers
D Understory olants 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 orade of the site is chanqed as a result of site
development such that the safetv of the tree mav be endanoered, tree wells
or retaininq walls are required.
v) Onlv hand disqinq 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 damaqe shall be minimized bv usino techniques such as tunnelino,
hand diqqinq, 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 necessary, using techniques to avoid damaoe to maior roots
svstem.
d. No attachments or wires other than those of a protective or non-damaoino 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 othenffise 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 plantino or transplantation for a period of one vear after final
acceptance bv the Public Works Department. Anv trees that die or are effectivelv
destroved within one vear shall be replaced bv the applicant or its successors or
assigns.
3. Root cuttinq
The cuttino of roots with a diameter of two inches or larqer is prohibited, unless there is no
feasible construction alternative. as determined bv the Public Works Director or his/her
desionee. The Citv mav require that construction activities, such as trench lines and walkwav
construction. be redirected awav from trees.
Root cuttinq 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 damaqe to the tree.
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302
b. Root cuts shall be made, at mlnimum, a distance from the trunk equivalent to three
times the tree's trunk diameter at 4.5 feet above qround {BBH) 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 oreater in all
other circumstances.
c. Roots mav not be torn off with power equipment, and cut roots shall not be left with
ripped. raqoed or shredded ends. Roots must be cleanlv severed with sharp hand
tools or power root saws.
d. When tunnelinq or othenvise avoidino 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 prunino trench
shall be backfilled with soil.
e. When adiacent to new curbino. uncurbed paved areas, or areas of qrade changes,
roots shall be cut no more than 18 inches towards the tree from the back of the curb.
the edoe of the pavement, or the point of intersection of old and new qrades,
respectivelv. After root prunino, 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 prunino trench shall be backfllled 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 prunino, and after root pruninq and
transplantation until the tree has been completelv reestablished at the new plantino
space. lrriqation shall be operated automaticallv with water beinq applied directlv to
and iust outside of the remainino intact root svstem. Waterinq frequencv shall be
such so as to insure that free water is available to the root svstem at all times. Anv
temporarv disruption in automatic operation shall be supplemented bv hand
waterinq.
b. There should be no canopv prunino or a minimum of canopv pruning 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 duq
and lifted to ensure that the tree is properlv hvdrated, and to improve cohesiveness
of the root ball.
d. All plantinq, transplantinq and relocatinq 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 4-300 Standards. This requirement
includes all procedures, techniques, standards for minimum root ball size, and anv
other standards included in ANSI A-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 meetino the requirements of this subsections, or that, due to exceptional circumstances,
it is not practical or reasonable to meet the requirements of this section.
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Sec. 46-64. Heritaqe trees.
1. Desr'qnafion; Heritaqe Trees shall be those trees or qroupinq of trees desiqnated bv a
resolution of the Citv Commission in recoqnition that the trees or oroupinq of trees are of unique
or intrinsic value to the qeneral public. Trees of anv species, including prohibited species, mav
be desionated as Heritaoe Trees, provided thev meet the required criteria. Trees mav be so
desiqnated. if one of the followino criteria applies:
a. lt is an historic tree or oroupino 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 qroupino of trees of hioh value to the communitv because of its or their
species, size, aqe, location. distinctive form. exceptional characteristics, ecoloqical
value. aesthetic value or other relevant criteria.
c. lt is a champion tree or qroupino 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 laroest of its species in the United States or the
world.
Desionations can be initiated bv anv person with the written consent of the propertv owner(s) of
such tree(s) bv makinq 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 meetino 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 desionation of anv
prohibited species as a Heritaoe 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
Desiqnation. The Citv Clerk shall notifv the propertv owner(s) in writinq of the desiqnation bv the
Citv Commission of the Heritaqe Tree. A listing of desionated Heritaqe Trees, includino 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 cuttino 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 qreater.
c. Where development activitv or other potentiallv disturbino activitv is permitted within
the drip-line of a Heritaoe Tree, the Urban Forester mav require additional protection
provisions to be incorporated in the conditions of the permit to assure protection of
the Heritaoe Tree.
d. A variance of the required minimum front, rear, and side-vard setbacks mav be
qranted to allow the preservation of Heritaqe Trees.
3. Removal: No tree work permit shall be issued for removal of a Heritaoe Tree without a
written evaluation bv an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist
demonstratino that removal is necessarv to avoid an immediate peril to life and/or propertv.
and/or the tree is dead. non-viable. or deteriorated to the point that removal is warranted.
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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 evaluatinq an application for the renewal of Specimen tree(s):
a. Size and confiouration of the propertv: and
b. Size and confiouration of anv prooosed development. and
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 desion 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. Specrmen free relocafion. 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
in accordance with the standards set forth in Section 46-63.
4. Removal of Specmen 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. Replacemenf requrTemenfs for Specrmen frees. As a condition of the issuance of a tree
removal permit for the removal of a Soecimen tree, tree replacement requirements shall be
twice those specified in Seo
feasible on-site, then alternative otf-site replacement shall be required on Citv approved
publiclv owned land or publiclv accessible parcels. -ln the event that there is insufficient
plantino 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
e#$4# for each{pineh€BH tree required as replacement trees in accordance with the
Section 46-62.
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6. Exemptions from Specimen tree replacement requirements. An aoolicant 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 Consultino 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
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 existinq 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. 46-66. Citv of Miami Beach Tree Preseruation Trust Fund.
1. Esfab/ishmenf of frusf; There is herebv created the Miami Beach Tree Preservation Trust
Fund (the "Trust") for the purpose of acceptino 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 olantino, establishment or preservation 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, by the Public Works Department on publiclv owned land, and upon
approval of the Citv Commission. Trust funds will be used to obtain trees, landscapinq, irriqation
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
in Miami Beach.
4. Trust administration:
a. Trust funds shall be expended. utilized and disbursed bv the Public Works
Department. upon approval of the Citv Commission, for the purposes desionated 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 oeneral 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 promptlv deliver to the Department of Finance, which shall cause
the same to be credited to the Trust.
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d. The Trust funds will be used to obtain trees, landscapinq, irriqation 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 Proqram, or similar proqram approved
bv the Citv Commission.
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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 endanoers 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 propedv borderinq on anv street, which obstruct
the passaqe of pedestrians on sidewalks, obstruct vision of traffic sions, or obstruct sioht
lines at anv street or allev intersection are declared a hazard.
3. lt shall be the dutv of anv person owninq or occupvinq 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 pruninq or treatment cannot alleviate the hazard or nuisance,
correctivelv prune in accordance with American National Standards lnstitute A-300
Pruning Standards (part 1), or treat those hazards and nuisances in such manner as to
eliminate the threat to public safetv or the possibilitv of infectinq 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.
307
I Sec. 46-687O. EnforcemenUcivil remedies.
Enforcement and Penalties.
(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 within a 12 month period -$1000.00:
(2) Second offense within a 12 month period -$2000.00:
(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. exceot 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. The Public Works Department shall enforce the provisions of this
Division. This shall not preclude other law enforcement aqencies or requlatorv bodies
from anv action to assure compliance with this Division. and all applicable laws. lf an
enforcinq officer finds a violation of this Division, the officer mav issue a Notice of
Violation to the violator. The Notice of Violatlon 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 requesting an
administrative hearino 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 riqht to a hearino.
(gD Riohts 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.
(!) 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.
(Q lf the named violator, after issuance of the Notice of Violation, fails to pav the
civil fine, or fails to timelv request an administrative hearino 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
risht to an administrative hearinq before the special master, and must be
treated as an admission of the violation. which fines and penalties to be
assessed accordinqlv.
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!!) 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
propertv owned bv the violator, which mav be enforced in the same manner
as a court iudoment bv the sheritfs of this state, includinq lew 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 aqorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(Ql The Special Master shall be prohibited from hearins the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearinq, if the violator has failed to request the administrative
hearinq within ten (10) davs of the issuance of the Notice of Violation.
(Z) The Soecial Master shall not have discretion to alter the penalties prescribed
in Subsections 46-68#€ (a) and (b) herein.
(s) Enhanced penalties. The followinq enhanced penalties shall be imposed, in addition
to anv mandatorv fines set forth in subsections (a) and (b) above, for violations of
this Section:
fl) Enhanced Penalties for Subsectlon (a):
(a) The tree work activitv must be immediatelv terminated, upon confirmino 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.
(s) The Public Works Department 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 receivinq the Tree Work Permit shall be for a three (3) month period
of time.
(!) Enhanced Penalties for Subsection (b):
(a) lf the offense is a fourth offense within the precedino 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 followinq 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 receivino a Tree Work Permit for a six (6) month period of
time. The propertv owner, tree services companv or permittee shall be
24
309
deemed a habitual offender.
(g) The Public Works Department mav decline to issue future Tree Work
Permits to such person, individual. entitv. business, companv or anv
atfiliates that have been deemed habitual offenders pursuant to this
section for a period of up to one vear.
Sec. 46-O974. 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
prior to development or redevelopment. and their sale. propaqation, plantino, importation or
transportation is prohibited. The onlv exceptions to this shall be if the particular site contains
prohibited soecies trees that have been desiqnated as Heritaqe trees or are located in a
desiqnated 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 prohibited 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
the Public Works De . 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.*he
PHblie Werks BeBa
Secs. 464-E - 46-90. Reserved.
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SECTION 2. COD!FICATION.
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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
RAFAEL GMNADO, CITY CLERK
APPROVED AS TO FORM &
LANGUAGE & FOR EXECUTION
e-4-t4
Date
First Reading:Second Reading:
Verified by:
Underscore denotes new language
S+*t<e+nrcugh denotes stricken lang uage
Red Print and Doublffi denotes new language between first and second
reading
denotes stricken language between first and
second reading
09t03t2014
26
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