R5C-Tree Preservation And Protection Ordinances -Wolfson-Malakoff-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 ART]CLE II, "CARE AND MAINTENANCE OF TREES AND PLANTS,'' BY AMENDING D]VISION
2, "TREES"; TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, ApptlGAEttl+Y AflD
EXEMPTIONS AND PROHIBITED SPECIES; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; IMPOSING CRITERIA AND CONDTTIONS 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; DEFINING TREES
CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL
REMEDIES; PROHIBITE}€PEGIES; DUTIES AND AUTHORITY OF THE URBAN FORESTER; AND
PROVIDING FOR R ; CODIFICATION; SEVERABILITY: AND AN EFFECTIVE DATE.
COMMISSION ITEM SUMMARY
Advisorv Board Recommendation:
This item was presented at the April 25, 2014 Neighborhoods/Community Affairs Projects Committee
for discussion and further direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for aooroval.
Financial !nformation :
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmoact Summarv:
lntended Outcome Su
Data (Surveys, Environmental Scan, etc: n/a
Item Summary/Recommendation :
The City of Miami Beach (City) adopted the current version of lhe 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 groMh of the City's urban forest. A major reforestation etfort was approved and
initiated in FY 2006/2007. This effort, combined with neighborhood tree installations associated with
ongoing CIP projects, has resulted in 10,000+ reforestation trees in the City's streetscapes, parks and
other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance. The present City tree code lacks adequate specifications and is therefore not
officially recognized. The tree code has been redrafted to incorporate many of the tenets present in
the current Miami Dade County tree preservation and protection ordinance, with additional
specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised
code will allow for an official exemption from the County tree removal permitting regulations, and also
provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review and
commenting from the County RER Tree Program, and has received initial approval for compliance
with the minimum requirements for exemption from the County Environmental Code. We are currently
in final review stages with the 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
PUBLIC HEARING.
Clerk's Office islative Tracki
Sion-Offs:
Department Director Assisffilp!!\Manager fiDH{anager
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City of Miomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morales, City Manager SECOND READING
DATE: Novemberlq,2014
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY
coDE, ENTITLED "ENVIRONMENT," By AMENDING ARTICLE !1, *CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SGOPE, APPtICABItIFY
AND EXEMPTIONS AND PROHIBITED SPECIES; PERMITTING APPLICATION
REQUIREMENTS, NOTICE AND PROCEDURES FOR OBTAINING PERMITS;
IMPOSING CRITERIA AND CONDITIONS FOR TREE REMOVAL AND
RELOCATION; TREE REPLACEMENT; TREE PRESERVATION AND
PROTECTION REQUIREMENTS; DEFINING AND PROTECTING HERITAGE AND
SPECIMEN TREES; ESTABLISHING A MIAMI BEACH TREE PRESERVATION
TRUST FUND; DEFINING
TREES CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR APPEALS;
ENFORCEMENT AND CIVIL REMEDIES; W; DUTIES AND
AUTHORIW 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 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
303
Tree Ordinance- Memo
November 19,2014 Page 2 of 3
forest. Adoption of the revised code will allow for an official exemption from the County tree
removal permitting regulations, and also provide a potential urban forest management funding
source.
A discussion related to the City's tree ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee (NCAC) for further direction. At this
meeting, the Committee recommended moving fonrvard with a draft Ordinance to the full
Commission.
The Tree Ordinance was heard at the July 23,2014 Commission Meeting as a First Reading. lt
has since then, remained Open and Continued.
ANALYSIS
Public Works has attached a detailed explanation of the changes but the key revisions are
provided below:
o The regulation of tree services and arborists has been removed, as this section
would be better served for incorporation as a stand-alone ordinance to be
brought fonruard at a future date solely for this purpose.
. Changed the definition of Protected tree and all references have been replaced
with Non-Specimen tree for simplicity and to eliminate confusion. There are now
only three classes of trees: Heritage tree, Non-Specimen tree and Specimen
tree.
. Changed the size for a Specimen tree from 9 inches diameter at breast height
(dbh) to 12 inches (dbh). A drastic improvement from the Miami Dade County
definition of 18 inches (dbh) while still offering added protection and flexibility for
trees located on single family property.
. lncorporated the 25Yo canopy removal and root pruning 2 inches in diameter or
above section guidelines into new and existing sections to further enhance the
definitions of what is prohibited, while simplifying the processes for obtaining
approval from the Public Works Department to conduct the requested work.
o Created a Tree Trust Fund contribution table that more accurately reflects the
current Miami Dade County guidelines regarding calculating a dollar figure
contribution equivalent in lieu of installing replacement tree canopy.
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.
304
Tree Ordinance- Memo
November 19, 2014 Pase 3 of 3
CONCLUSION
The Administration recommends approving the Ordinance on the Second Reading and
implementation once final Miami Dade County approval has been obtained.
Attachments: Revised Draft Tree Ordinance, Highlighted Ordinance Changes List
JM/Mr/t0JF/MW
T:!AGENDA\20'l 4\November\Public Works\Tree Ordinance - MEMO.docx
305
Tree Ordinance Draft Revision Highlights lll3ll4
. b;Ci*#6,idefinitions - Hatracking dehnition changed to allow for an intemal
process in very select circumstances, where more than 25oh of a tree's canopy
could be removed with City approval.
o Protected Tree definition changed to Non-Specimen Tree to alleviate confusion
in the code and to separately define those trees that are not considered Specimen
trees but still subject to tree work permit approval. All references to Protected
Tree changed to Non-Specimen tree in the remainder of the code.o Specimen Tree definition changed from 9" dbh to 12" dbh. This is still a drastic
improvement from the County mandated 18" dbh, while offering added protection
for trees located on single {amily property.. S... 46-iii Purpose and InGnt
o Removed references to Protected tree and added Specimen tree, Non-Specimen
tree and Heritage tree to simplifu and eliminate confusion.
. Sec. 46-58 Scope, Exemptions and Prbhibited Species
o Changed section title.
o Deleted duplicate code references and added Non-Specimen, Specimen and
Heritage trees to requiring tree work permits.
o Moved Prohibited Species from Sec. 46-70 into Sec. 46-58 where it is more
appropriate to be listed following exemptions.
. i, ' Sec. 46-59, Tree work permit application processing, requirements and review
o Delete lb and lc, as lb is duplicated under Sec.46-62 (3) Root cutting, and added
new Sec. 46-62 (5) Tree pruning which defines what acceptable pruning is and
outlines a process whereby a property owner can obtain approval for removal of
greater than25o/o of a tree(s) canopy from the Public Works Director or hisiher
designee.
o 2b- Revised: "indicating the approximate location and disposition of the tree(s)
not necessarily prepared by a licensed professional." Changed to allow for simple
site sketches to be submitted by a property owner without the need or expense of
employing a licensed professional.
o 3. Review of Application- Deleted unnecessary language pertaining to outside
Department/Divisional reviews that are covered under their own separate code
sections.
c 4. Notice- Eliminated this Section as notice of an application decision can be
accomplished without requiring an official posting onsite saving significant
staffing time (email, phone call etc.).
o 7. Final Inspection- Language revised to allow for an exemption to be granted for
replacement or relocated trees located offsite if approved by the Public Works
Department.
. Sec. 46-60. Criteria and conditions for Non-specimen tree removal and
ielocation'
o 1. Changed Section title and all subsections incorporating Non-Specimen
designation.
306
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Sec. 46-61. Criteria and conditions forthe removal of more ihan2l% of a tree's
Canopy or for cutting roots two inches in diameter oi larger.
Entire Section deleted as cutting roots is duplicated under Sec.46-62 (3) Root
cutting, and added new Sec. 46-62 (5) Tree pruning which defines what
acceptable pruning is, prohibits bad pruning practices and outlines a process
whereby a property owner can obtain approval for removal of greater than25o/o of
a tree(s) canopy from the Public Works Director or his/her designee. Simplified
process by removing tree work permit requirement and substituting determination
from the Public Works Department.
Sec. 4O-Ot iree Replacement
3. AdJilr;dd;l to Heritage tree replacement procedures.
6. Created new chart based on current Miami Dade County tree trust fund
contribution requirements ($40/100 square feet for regular trees and $80/100
square feet for Sp-ecimen trees) in lieu of the $1,000 per tree replacement figure.
.i,Sdc.-46jr60iiii. .il #'iid.geffi tUdtiti.a=.6 iie nti; roo-1 curting,'tree
relocatiohs and tree pruning.
Changed Section title adding Tree pruning.
Moved 2 (e) under 4Tree relocations and eliminated2 (f) as this is redundant and
already referenced in Sec. 46-59 (7) Final inspection.
Added new Sec. 46-62 (5) Tree pruning which defines what acceptable pruning is
and outlines a process whereby a property owner can obtain approval in limited
scenarios for removal of greater than25Yo of a tree(s) canopy from the Public
Works Director or hisftrer designee.
Sec. 46-63.. Heritage [rees.:S*1{d* 41$pffimgil1Ti6er Standarxs
Minor updates to Sec. #'s.
Sec. 46-65 Cityrof Miami Beach Tree Presbrvation Trust Fund
No changes.
:SeC,rr4et$6. -i'$,il-ilfrItb-i
,ffiUHrlniiii ao
Minor updales to,Sec. #'s.
:Sec';'46;6?;.'1,. j.8 pffii#iilftil$ffiaie*
Mino..1 .gpdat:: tg !- g,f,j
--{='
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:isec=4 g p+xffifiN cig
Eliminated separate section and moved under Section 46-58.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND C!ry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH GITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE II, "CARE AND MAINTENANGE OF TREES AND
PLANTS,,, BY AMENDING DIVISION 2, ,.TREES,,; TO AMEND THE
DEFINITIONS, PURPOSE AND INTENT; SCOPE,--+PPII€ B+tl+Yl+E EXEMPTIONS AND PROHIBITED SPE ; PERMITTING
APPLICATION REQUIREMENTS, NOTICE AND PROCEDURES FOR
OBTAINING PERMITS; IMPOSING CRITERIA AND CONDITIONS FOR
TREE REMOVAL AND RELOCATION; TREE REPLACEMENT; TREE
PRESERVATION AND PROTECTION REQUIREMENTS; DEFININGAND PROTEGTING HERITAGE AND SPECIMEN TREES;
ESTABLISHING A MIAMI BEACH TREE PRESERVATION TRUSTFUND; ; DEFINING
TREES CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR
APPEALS; ENFORCEMENT AND CIVIL REMEDIES;--PROI*IBITEDSPffi DUTIES AND AUTHORIry OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFIGATION; 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 licensurefortreeremovalS,treerelocations,andregulationfor
installations of required tree canopy replacement; and
witn tne gity; effie
Y+e+a+b€€+#
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
308
WHEREAS, a Specimen Tree designation needs to be created to include alltrees with a
I diameter breast height (dbh) of !29" 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 GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, 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
ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
DIVISION 2. TREES PRESERVATION AND PROTECTION
Sec. 46-56. Definitions.
See, 16 57, Purpese,
Sec: 46 59: Appliea
Sec: '16 60: Plant
See, 46 62: Tree abu
See; 16 63: tethal v
Secs, 46 6{ '16 90, Re
Acf of God Natural occurrences includinq. 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 .
309
Arborist; An individual who is a specialist in the care and maintenance of trees
and is certlfled with the Ame a Certified Arborist bv the International
Societv of Arboriculture (lSA).
Caliper refers te the : A measurement of trunk diameter of nursery trees, measured 6 inches
above the oround for trunks with a tre+i++egards-tediameter of 4 inches or less, and 12 inches
above the thiekness.ef qround for trunks with a diameter larqer 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)
CrTrcal 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 desiqnee, 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 frerngrade; above the qround er diameter at brea . The measurement of those
trees with multipletrunks shall be the sum of the diameters of all trunks at 4 % feet above the
qround.
Drip4ine; shall mean an imaginary vertieal line te the greund whieh is adjaeent te the eutermest
leaves ef the erewn ef the tree, An imaoinary 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, usino the tree trunk as its point of
oriqin.
Effecfivelv 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, damaoe inflicted upon the
root svstem bv heavv machinery, excessive root removal or cuttino, excessive trimminq
includino hatrackino, removal of live palm fronds oriqinatinq above the horizontal plain, tears
and splittinq of limb ends or peelino and strippins 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 prunino standards, use of climbinq spikes on trees or palms not
desiqnated for removal, trenchinq or excavatino in the critical root zone, chanqino the natural
qrade above the root svstem or around the trunk, damase 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.
Gfdlrnq: The removal of a strip of bark around a tree trunk or a branch of a tree.
Hatracking. is-a+i
healthy tree erewn whieh renders the tree unattraetive and limits its ability te give shade, To flat-
cut the crown of a tree bv severinq 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 vdthout Citv aooro ze 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.
Hefltaqe lree: A tree so desiqnated bv the Citv of Miami Beach Mavor and Commission
because of its unioue or intrinsic value to the communitv with reoards to its historic value, size,
aJ
310
aqe, location, distinctive form, exceptional characteristics, ecoloqical value or other relevant
criteria.
ef its age and size eempared te ethers ef the sarne Weeies,
Nenvrable refers te when leping,
Parkway ls a bread landseaped sublie thereughfare,
Private tree is a tree that belengs te an individual persen' eempany er interest and is leeated en
private+repe*y--lout, in-seme-eases; may be visible er aeeessible te the publie,
Prohtbffed free species: Those tree species listed in Chapter 24 of the Miami Dade Countv
Code. as amended, whose sale, propaqation. plantinq, importation or transportation shall be
prohibited under Miami-Dade Countv requlations.
Non&eennea Pre*ected-I{ree: Anv tree that is not desionated bv the Citv of Miami Beach as an
exempt tree. and which:
Ej*€ia€+e+affiiFlE+€+i€{
+ a-is loeate(Lqn_zubliq land or zoninq districts other than sinole familv districts, havino no
less than a three (3) inch DBH or ten (10) foot mature heiqht: ore b. is a replacement nv non-exempt tree that is represented or identified in a
planning or development document for the purposes of securino an aporoved Citv
buildinq or demolition permit.
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.
Prunrnqlfflmmmq: 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 pruninq
standards (Part1).
Publie tree is a tree tl"at is aeeessible te er shared by all members ef the eemmt+nity and is
usually planted en a eity right ef way er in a eity park,
er dying tree; a tree er limb(s) that ebstruet street lights, traffie signs, the free passage ef
Publtc nuisance free: A dead or dvinq tree, or a tree with an infectious dlsease or insect
infestation, or a tree that poses a threat to public safetv or the health of other trees in the
vicinitv, as determined bv the Citv of Miami Beach's Public Works Director or his/her desionee,
who shall be the Citv's Urban Forester.
311
Speeies is a elass having eemmen attribute+ and designated by a eemmen name and similar
ferm,
Specimen lree: inguishing large
eharaeterusually measuring 18" ermere; in diameter, l%'abeve greund level, Atreewith an
individual trunk that has a DBH of twclveahe (129) inches or oreater, or anv multiple{runk tree
in which the sum of the diameters of all the trunks at DBH is twclvenine (129) inches or oreater,
but not includinq non-native species of the genus Ficus.
Sprkrnq: The insertion. whether verticallv or horizontallv, of foreisn obiects into the trunk of the
tree or its root svstem with the intention of killinq the tree.
Topping; refers te a prunir€ preeess te flat eut the tep ef a tree er te remeve mere than ene
third ef the tree ereram, See Hatrackino.
Vrab,e means eapable ef living; grewing and develeping,
Iree Service: Anv business, entitv. or individual who accepts or solicits compensation for
trimmino, 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
manaqement, arboricultural and horticultural practices. who has been desionated to manaoe the
Citv of Miami Beach's urban forest bv the Public Works Director, to provide direction for tree
olantino, maintenance. removals, and all arboricultural practices and tree-related activities. and
to carrv out the enforcement of this Division.
Sec. 46-57. Purpose4g!-lqlq!
The use ef trees en eity readways shall be eneeuraged by the eity threugh its departments and
regulatery review preeess, A
uniferm eentinueus speeies shall be premeted fer the entire length ef a eity street in erder te
seape and te eneeurage etabilizatien and the
inerease ef preperty values, At times; it may be apprepriate te mix varieties when ereating a
street tree planting seherne, Trees will alse be planted fer purpeses ef beautifieatien, air eeeling
and purifieatien; and neise abatement, Te preteet and preserve existing trees h the path ef
develepment Te eneeurage the planting ef apprepriate speeies en er adjaeent te the publie
und
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 recognized that trees are a vital part of the Citv of Miami Beach's infrastructure, providino
numerous environmental. economic, and social benefits. Trees improve air qualitv. save enerov
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 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:
5
312
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 Non-Soecimen. Soecimen and Heritaoep+eteeted trees.4. Require mitiqation for the removal of Non-Soecimen. Soe
trees on public and private propertv.
5. Establish procedures to desiqnate 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 manaqement practices.
7. Minimize maintenance costs and damaqe to sidewalks, streets. and other infrastructure
bv plantinq tree species that are appropriate for existinq site conditions and available
qrowinq space.
8. Preserve the communitv's character and qualitv of life well into the future.
Sec. 46-58. Scope. and applieability: and Exemptions and Prohibited Soecies.
Treee that are the subjeet ef review under this divisien shall inelude these trees en all publie andpri@esignated fer transplanting' pruning, releeatien er remeval, Trees
ve a diameter ef 19 inehes er
is
divisien shall apply te all trees; ineluding these leeated en the publie right ef way, regardless efsi ing distriets as speeified abeve,
It shall be unlaMul for anv person, unless othenruise permitted bv the provisions of this Division,
to perform tree removal work or effectivelv destrov anv Non-Soecimen tree*lspegimen__lree_et
Hertage-tree located within the boundaries of the Citv of Miami Beach, on either public or
private propertv, without first obtaininq a tree work permit.
exFresslY exemFt i+
Trees thet are leea€€€€i ie**
p€+Bit shall be reeHir
Psb+i€-Werks-BepartmenL All ma
rcqsi#'lmpter 2 I ef the G
amesd€+
+LEXSnptions
313
The followinq shall be exemot 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 desiqnated Historic district.
b. Removal of dead trees or trees destroved bv an act of God. This exemption does
not apolv to anv trees or palms effectivelv destroved throuqh violations of those
provisions set forth herein.
c. Anv tree that, as the result of damaoe, disease or other cause, poses imminent
danoer to health, safetv or propertv. and therefore requires immediate removal. mav
be removed without obtaininq 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 applv to trees that are growinq 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 displav, breedinq, propaqation, sale
or intended sale to the general 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.
2. Prohibited Soecies
fnis Oivision inco
Miami-Dade Countv Code. lf oresent on a develooment or redevelooment site. thev shall be
removeO orior to Oe
imoortation or transoortation is orohibited. The onlv exceotions to this shall be if the
oarticular site contains prohibited soecies trees that have been desionated as Heritaoe trees
or are located in a d
variance from the r
nas Oeen oOtaineO.
be required for the removal of anv orohibited soecies in accordance with Citv of Miami
Aeacn CoOe Sec. ttA
snatt invotve revl
amended from time t
Countv. Florida.
The Citv Manaqer mav suspend the enforcement provisions of this Division bv determininq
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 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 trimmino of trees on
private propertv where necessary for proper landscape maintenance and safetv; provided
314
that no more than twentv-five (25) percent of the crown or foliaqe is removed annuallv and
that the prunino performed does not effectivelv destrov the tree.
measuring 18 inehes er greater at DBH shall inelude:(1) An applieatien ferm aequired frem the publie werks department, whieh will aet as the
lead ageney, The eempleted applieatien will then be preeessed threugh the planning
ing
permi , A review by DERM will net
be-rcq+r{re4
(3) lf deemed neeessary; a phetegraph; ef adequate quality, ef the tree prepesed fer review,
( l) Fer eemmereial and multi ramily preperty; a eepy ef the preperty survey with a marked
single family preperty; a site sketeh indieating the apprexirrate leeatien ef the tree is required,(5) A written deseriptien ef the prepesed tree werk,(6) A tree maintenanee eempany whieh is state licensed and insured shall shew preef ef
ien=
When an applieatien is deemed te be eemplete and is appreved by the pub{ie werks
eempleted within ene year frem the issuanee date, the permit shall beeeme null and veid, The
eity shall endeaver te ensure that the previsiens ef this divisien are net used te unduly btrden a
eeenemie use ef their preperty,
Sec. 46-59. Tree work permit application processinq. requirements. and review.
1. Permil when requfed. A tree work permit shall be required:
a. for the removal or relocation of anv Non:Spgeimen tree, Soecimen tree or H
trcq within the Citv of Miami Beach that is subiect to review as specified in section
46-58=++
€ef;€€+€#€+fee#
ne permit shall be
@
No person. aoent or representative thereof, directlv or indirectlv, shallM#aop+=etcut down, remove, relocate, or effectivelv destrov anv Non-Soecimen,+
Soecimen or Heritarc tree situated on anv propertv described in Sec. 46-58,=e+rceE
without first obtaininq a tree work permit as hereinafter
provided. No buildinq permit shall be issued bv the Citv's Buildinq Department. and no riqht-
of-wav permit shall be issued bv the Public Works Department, for anv work that has the
ootential 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.
315
2. Applicaflon requiremenfs. 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 indicatinq the reasons for the removal or relocation of each tree#
remevine mere than 25 ,Httine reets twelrc 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 sinole familv homes. Apolications 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
species and listinq 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
drawn to scale identifvino and listino all existinq trees and specifvino the condition of
each tree and whether such trees are to remain, to be removed g; to be relocated=
iM 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 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 existino sinqle familv homes. Applications for tree work at existino
sinqle familv homes. shall require a site sketch indicatino the approximate location
and disposition of the tree(s)*
€h#
c. A tree replacement plan prepared in accordance with Sec. 46-613.
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.
+-Revtew of applrcafton. Up
Department shall review the application for compliance with the reoulations as set forth in
this Division. Such review maysha# include a field inspection of the site== #
referral ef the appl
ae€*e*
ffi i€
he Public Works Department shall issue an
intended decision approvinq. denvinq or approvinq with conditions the application within
thirtv (30) calendar davs from the date the application is deemed completed.
+-3.
irtended deeisie
#ithin twenty feH
+ 4-lssuance of permd. The tree work permit, if approved bv the Public Works Department,
shall be issued. The propertv owner shall be responsible for insurinq that the tree work
permit is displaved until the authorized work is completed. lf the permitted work is not
316
completed within one vear from the issuance date, the permit shall become subiect to
revocation.
+ 5--Eees-Eees_[qr tree work permits shall be established bv the Citv Commission.
Aoplications from qovernment aoencies 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.
+ 6-Frnal rnspecfion. No later than six (6) months followino the completion of the
authorized work, the applicant shall schedule a final inspection with the Public Works
Department for verification and acceotance 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. The final inspectl
or retocateO trees
written aooroval
Remeval ef the fellewing plants is permitted witheut an applieatien, but requires a site visit, All
prenibite+(1) Aeaeia aurieulea 'Fermie', Earleaf Aeaeia
(3) Arauearia heterephylla; Nerfelk lsland Pine
ine
(7) Melaleuea quinquenervia, Paperbark Tree(8) Metepismtexiferum'PeisenWeed
(11) Sehefflera aetinephylla, Queensland Umbrella Tree(1^) Sehinusterebinthifeliue, Brazilian Pepper
€+tth
Sec. 46-60. Criteria and conditions for NotSpecimen-tree removal and relocation.
1. Crifena for Neon-S€Becmen free removal. No tree work permit shall be issued for \len:
Speejmen tree removal from the site. unless one of the followinq criteria exists:+ The Non:Speetmen 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. Non-Soecimen t*rees bcated 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. Non:Spcqmenl+rees on the public riqht-of-wav shall not be
considered for removal as a result of restriction to or from ingress or eoress to the
oaraoes 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 existinq trees on the private propertv and
10
317
public riqht-of-wav accuratelv drawn to scale. Authorization to remove NooSpceil"ncn
trees. includinq rioht-of-wav Non:Speemnen trees, shall be approved prior to issuance of
a buildinq permit.
b The Non-Specimen tree amaqed or in danqer of fallinq: interferes with
utilitv service: creates unsafe vision clearance that cannot be corrected throuoh prunino
without effectlvelv destrovino the tree; or materiallv impairs the structural inteqritv of an
existino structure.e The Non$peeimen tree is an undesirable or non-native tree species and will be
replaced with a South Florida native tree species to promote qood forestry practices, or
is an undesirable or non-native species and interferes with native tree species.+ The Non:Speeirren 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 Neon-Sqtecimen trees.
a. The applicant mav be required to redesiqn the proiect to preserve Neon-Sepecimen
tree(s),
article.
b. Where practical, as determined bv the Public Works Director or his/her desionee,Manv Non-Soecimen T
hh*e+i=ia#+*m#bane+ 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 4-300 Standards.c. lf the Public Works Director or his/her desionee determines it is not reasonablv possible
to relocate such Non:SBeelmenltree(s) either on or off-site, because of aoe, tvpe, size,
or condition, the applicant shall be required to replace all Non$pcdmcn trees permitted
to be removed in accordance with the tree replacement requirements in Sec. 46-6L2.
d. The Public Works Department mav require that the applicant provide a written report
from an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist before
makino anv determinations in coniunction with this Section. The Public Works
Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA
Reqistered Consultinq Arborist durinq construction to assure Non:Speeilrcn tree
preservation.
See, 46 61, EnfereemenUeivil remedies,
The eity's parks maintenanee divisien; publie werks department, and the envirenmental reseuree
ing+rt*nin$
eutting and preteetien ef kees eitywide, The eest ef repair er replaeement, er tl"r+appraised
dellar value ef sueh tree, shall be berne by the party in vielatien,
enfereement as set ferth in seetiens 30 71 threugh 30 80 ef the Miami Beaeh City eede,
$15;000,00 fer eaeh vielatien, ln additien; maximum eests may be in the ameunt whieh is
ll
318
ln additien te any ether remedies previded by this divisien, the eity shall have the fellewing
i +veien er any permit o
under this divisien:
(1) The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te establish liability
terms ef this artiele, ln additien; the eity shall be entitled te reeever its atterney's fees and eests,
Heurever; the eeurt may reeeive evidenee in mitigatien, Eaeh tree unlaMully remeved under theprevisi vielatien hereunder, ln additien, the eity
(3} The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te seek injunetive
iniun++ve retiet te prev er preperties m
fer estting reets fu
fer euttine reets iae
er*e+h#*S+
€Fimprevement maY
reeuired setbaek)i s
Yard: Trees en the
h€wever, that if the
FrepertY frem the pH
his/her desi€nee
eld
i*
diameter er lareer
bs+ld+n€-€erffii+
se*'i#a*
re+is++ne=+*r#
imen
Treesr Heritaee Tr
Direeter er his ie++i=+
tree(s) and desis
t2
319
prepesed plan: Fe+
to Af'lSl ffigg Stand
^39+
The Ameriea
Shrub, and eher i*
l*+tten repert frem
GensHltine Arbe b
lgA Gertified Arbe ige
i€+
ie+
It shall be unlawful te abuse any tree leeated within the beundaries ef the eity ef Miami Beaeh,
(1) Damage inflieted upen any part ef-a tree' ineluding its reet system, by maefrinery,
meehanieal deviees; seil eempaetien, exeavatien, intentienal vehiele abuse, ehemieal
ien=
(3) Cutting upen any tree whieh destreys its natural ehape, sueh as tepping er hatraeking,
( l) Fastening any eign' repe' wire er ebjeet by nail' staple, ehemi€al substanee, er ether
e te the tree,
(5) Any pruningr er eutting; in vielatien ef the praetiees established by the Natienal Arberist
Asseeiatien=
Sec. 46-613. Tree replacement.
1. Iree replacemenf charf. The tree replacement chart. below. shall be used to determine the
total number of trees that must be planted for the replacement of those Non-Soecimen trees
permitted to be removed. A tree replacement plan shall be submitted to the Public Works
Department as part of the tree work permit application process that shall include the number
of trees, number of species of trees and size of trees proposed for plantinq. The
replacement trees are based on the total square footaoe of the Non-Specimen tree
removed, and such measurement is accomplished throuqh the use of aerial photooraphv,
on-site inspection and or review of a submitted tree survev. Canopv measurement shall be
rounded up to the nearest foot. Refer to Sec. 46-64€ Specimen Tree Standards for tree
replacement requirements for Specimen trees and refer to Sec. 46
reotacement requl
a) Tree replacement chart.
13
320
TABLE INSET:
Replacement Tree
Cateoory
Canopv Credit in Square
Feet
Cateqorv 1 Tree 300
Cateoorv 2 Tree 150
Cateoorv 3 Tree 100
Cateqorv 4 Palm 50
The Public Works Department shall maintain a list of approved species for each cateoorv of
replacement tree. This list mav be amended from time to time, as necessarv. Replacement tree
heiohts shall be determined bv overall heioht measured from where the tree meets the oround
to the too-most branch. All cateqorv 1 trees shall be a minimum of twelve (12) feet in heioht at
the time of plantinq with a 2-3" minimum caliper. All cateqorv 2 trees shall be a minimum of ten
(10) feet in heiqht at the time of plantinq with a 2-3" minimum caliper. All cateqorv 3 trees shall
be a minimum of eiqht (8) feet in heiqht at the time of plantinq with a 2-3" minimum caliper. All
cateoorv 4 palms shall have a minimum (6) foot clear trunk.
2. Iree species and drversrty 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 manaoement
practices, and to ANSI A300 Standards as published in the most current edition of ANS/
A300. The American National Standard for Tree Care Operations - Tree, Shrub. and Other
Woodv Plant Maintenance - Standard Practices. When more than len (10\ trees are
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
01--20 2
21--50 4
51 or oreater 0
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 reolacement trees for such native trees shall be native to South Florida. South
Florida is qeoqraphicallv defined as the Southern tip of Florida South of Lake Okeechobee and
includes hardiness zones 10 & 1 1 .
3. Prohrbited 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
t4
321
Specimen tree, includinq prohibited species, is removed from public or private propertv
within a desionated historic district.
4. Iree quarTy. 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 Aqriculture and Consumer Services. Trees shall
be planted accordinq to ISA best manaqement practices and ANSI 4300 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.
L Citv of Miami Beach Tree Preservation Trust Fund.ln those circumstances that the 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 in
accordance with th
{$4=€€€€€} for each $*po=jaeh€BH tree required as replacement trees in accordance with
Sec. 46-612. The fee allocated to the Tree Preservation Trust Fund mav be reviewed
oeriodicallv bv the Citv Commission to reflect cost of livino adiustments andior 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. plantino.
waterinq and mortalitv rate of replacement trees.
a! free trust tuna con
e
TABLL INSE'[:L
eanoBvlvBe Contribution amount
Reoular tree canoov reolacement Fortv dollars ($40) oer 100 souare feet
Soecimen tree canoov reolacement Eiqhtv dollars ($80) oer 100 souare feet
e Complefion. The replacement tree process must be completed prior to the issuance of a
certificate of occupancv or temporarv certificate of occuoancv, and in accordance with the
specific conditions set forth and identified in the tree work permit.
ie++isane+
The retentien and maintenanee en prlvate preperty ef palm trees that have been killed, er that
e
dying; palm trees is alse deelared te be unlawful, The eity is hereby autherized and empewered,
15
322
State law referenee tethal yellewing, F,S, S 187,161 ,
Sec. 46-6?3. Tree preservation and protection requirements. root cuttinq.<lf,d tree
re I o cati o ns_and_.lree_pruning.
1. Tree protection requirements durinq construction
a. General. All reasonable steps shall be taken to prevent the destruction or damaoinq
of trees for which no tree work permit has been issued durinq site develooment 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
enforcement as provided in Sec. 46-62& Trees destroved or incurrino 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 damaqe 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. Permlconsfrucfion drawnqs. 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 drawinos that include anv
underqround utility installations, includino 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 liohts, overhead wires or other tvpes of infrastructure.
2. Tree protection soecificationwi
The followinq tree protection 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 oreater. The fenced
tree protection 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
r6
323
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 prunino
that must occur. Tree maintenance measures must be in place prior to anv
root prunino or transplantinq.
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 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 inspects the site and authorizes their removal.
iii) Barrier Specifications. Sturdv temporary 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
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 Barriersi) Understory 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 orotective 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 grade of the site is chanqed as a result of site
development such that the safetv of the tree mav be endanqered, tree wells
or retaininq walls are required.
v) Onlv hand diooinq and qradins activities will be permitted within the tree
protection zone. All surroundinq areas must be oraded 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 usinq techniques such as tunnelino,
hand dioqinq, 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
pretee*ed tree to remain in olace ies. Post
holes and trenches located close to trees shall be duo bv hand and adiusted as
necessary, usinq techniques to avoid damaqe to maior roots svstem.+ No attachments or wires other than those of a protective or non-damaqinq nature
shall be attached to anv trees durino site development or construction.+ P,eloeated trees sh
+d- ntl trees ptanteg ive
a€€€#+
17
324
3. Root cuttinq
, The cuttinq of roots with a diameter of two inches or larqer is prohibited, unless there is no
I
, desionee. The Citv mav reouire that construction activities, such as trench lines and walkwav
I construction, be redirected awav from tree rootzgtesg.
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 cuttino
will destabilize the tree or cause unacceptable damaqe 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 {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 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 tunnelino or othenrvise 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 oreater 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 curbinq, uncurbed paved areas, or areas of qrade chanoes,
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 backfilled with soil.
4. Tree relocations
a. lrriqation must be present and applied effectivelv for two to four weeks prior to root
pruninq, throuqh the period of root pruninq. 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. 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 prunino. Dead. diseased or damaoed 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 pbptin+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.
18
325
+.e= Relocated trees sh
oerforate, or otne
e
a ie--er--are
c'-:ae
5. Tree orunino
free orunino is to O
horticultural orac
Oestroy a tree(st a
neoative imoacts to tree canoov.
free canoov removal
asoutlinedherein:
a, fne tree is tocateO
structure or impro
use of tne propen
geach's reouired s
tootprint or varO.
ot more tnan ZStZo ot a
egress to the oarag
otner reasonaOte a
right-of-wav. as de
nutnorization to r
trees must Oe rece
b. fne tree is Oisease
service; creates u
of an existing stru
e. tt tree oruning_ is r
Oepartment may reou
CertifieO nrnorist
Oeterminations in
atso reouire monit
Consuttino nrOorl
imolemented.
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 thesek; subsections, or that, due to exceptional
circumstances, it is not practical or reasonable to meet the reouirements of this section.
Sec. 46-634. Heritaqe trees.
1. Desrbnafion: Heritaqe ttrees shall be those trees or qroupinq of trees desionated bv a
resolution of the Citv Commission in recoqnition that the trees or groupinq of trees are of unique
or intrinsic value to the qeneral public. Trees of anv species, includinq prohibited species, mav
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326
be desiqnated as Heritaqe tTrees, provided thev meet the required criteria. Trees mav be so
desionated, if one of the followino 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 oroupino 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 beino the laroest 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 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 desiqnate a tree(s) as a Heritaqe t*ree. The desiqnation 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 tTree. A listinq of desionated Heritaqe t*rees, includinq the
specific locations thereof, shall be kept bv the Public Works Department.
2. Protecfion: Anv tree or qroupinq desionated as a Heritaqe !*ree shall be subiect to the
provisions of this Code.
a. All areas within the drip-line of a Heritaqe !*ree 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 Heritaqe t*ree, and for the duration of such
activitv, protective barriers required bv Sec. 46-623. 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 disturbinq activitv is permitted within
the drip-line of a Heritaqe t+ree, the Urban Forc
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 Heritaoe t*rees.
3. Removal: No tree work permit shall be issued for removal of a Heritaqe t=ree without a
written evaluation bv an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist
demonstratino 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 point 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 necessarv. Removal of Heritaoe tlE[ees__lmug!__be
approved bv the Citv Commission and the replacement shall be determined bv the Citv
Commission.
Sec. 46-645. Specimen tree sta
327
1. Specimen 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 followinq factors in evaluatinq 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: andc. 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 prooosed 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 relocafion. lf preservation of the Specimen tree and anv alternate desion
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 46-623.
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. Rep/acemenf reouiremenfs for Specmen 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 46-612. 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
plantinq 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+Sf+ for each S*e.jneh#BH tree required as replacement trees in accordance with the
Section 46-612.
6. Exemptions from Specimen tree replacement requirements. An aoplicanl mav be exemol
from the Specimen tree replacement requirements of Section 46-645, but subiect to the tree
replacement requirements in Section 46-613. under the following 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
21
328
ASCA Reoistered 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
I exemption from the provisions of SeCtion 46-645; 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 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.
I Sec. 46-65€. GiW of Miami Beach Tree Preservation Trust Fund.
1. Esfab/ishmenf 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 planting
of trees on publiclv owned land in the Citv of Miami Beach, and anv other ancillarv costs
associated with the plantinq, 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, bv the Public Works Department on publiclv owned land, and upon
approval of the Citv Commisslon. Trust funds will be used to obtain trees, landscapinq. 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 publlclv owned land
in Miami Beach.
4. Tru st 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 qeneral revenue funds and
accounts of the Citv.
c. The funds obtained hereunder mav be accepted on behalf of the Citv bv the Citv
Manager, who shall promptlv 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, landscapino, 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 Program, or similar proqram approved
bv the Citv Commission.
329
Sec. 46-667. Trees constitut 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 passaoe of pedestrians on sidewalks. obstruct vision of tratfic 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 pruninq or treatment cannot alleviate the hazard or nuisance,
correctivelv prune in accordance with American National Standards lnstitute 4-300
Pruninq Standards (oad 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. 46-619 Tree
Replacement and Sec. 46-645, Specimen Tree Shndards, 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 postins 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. 46-628. EnforcemenUcivil remedies.
Enforcement and Penalties.
(a) Civil fine for violators. The followino civil fines shall be imposed for a violation of
Section 46-59. for those violations incurred for not obtaininq a Tree Work Permit:
(1) First offense committed within a 12 month period -$1 000.00;
(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. except for those penalties set forlh 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 Code Compliance Department shall enforce the provisions of this
Division. This shall not preclude other law enforcement aqencies or requlatory 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 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 paving the fine, notice that the Violation mav be appealed bv requestinq 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
23
330
of the violation and a waiver of the riqht to a hearinq.
(gD Riqhts of violators; pavment of fine: riqht to appear: failure to pav civil fine or to
appeal.
(l) A violator who has been served with a Notice of Violation must elect to elther:
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.
(2) The procedures for appeal bv administrative hearino 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 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 accordinolv.
![ A certified copv of an order imposino 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 iudqment bv the sheriffs of this state, includino lew aqainst the
violator's real or personal propertv. but shall not be deemed to be a court
iudqment except for enforcement purposes.
(!) Anv partv aqorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(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 hearinq, if the violator has failed to request the administrative
hearino within ten (10) davs of the issuance of the Notice of Violation.
(Z) The Special Master shall not have discretion to alter the penalties prescribed
in Subsections 46-6Z8 (a) and (b) herein.
(g) Enhanced penalties. The followino enhanced penalties shall be imposed. in addition
to anv mandatorv fines set forth in subsections (a) and (b) above, for violations of
this Section:
(lf Enhanced Penalties for Subsection (a):
ls) 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
24
331
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):
(g) 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
receivino 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 oropertv
owner. tree services companv permittee or anv affiliates shall be
prohibited from receivinq a Tree Work Permit for a six (6) month perlod 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.
See, '16 71, Prehl +e€r
pri€r te develepm ?ffii ien-€r
I
prehibited spee +H+
+eesi
ef anv prehibited
the Pgblie Werks B ip
Secs. a6@,- 46-90. Reserved.
FOO+NO+E(S)+
- {z}-
000; repealed the fermer
25
332
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
re;lettered 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.
SEGTION 4. SEVERABIL!ry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CIry CLERK
First Reading:
APPROVED AS TO FORM &
LAr)9uflGE & FQR FXECUToN
/-..g--l- t)"^\- $r( r, 1
second Reading: city nttorney $ EJt" \
Verified by:
Underscore denotes new language
S+rit<e+nreugh denotes stricken lan g uage
nea print anO OouOlm denotes new language between first and second
reading
denotes stricken language between first and
second reading
11113t2014
26
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