At the April 10th, 2019 Commission Meeting, Commissioner John Elizabeth Aleman and Commissioner Joy Malakoff co-sponsored a referral to the Finance and Citywide Projects Committee (FCWPC) to discuss developing and implementing a heritage tree awareness and incentive program. In addition, Commissioner Aleman and Commissioner Michael Gongora referred a discussion to increase the tree removal posting duration for specimen tree removals to the Neighborhood/Communities Affairs Committee (NCAC).
At the May 20th, 2019 NCAC, the committee moved to update tree preservation ordinance to establish notification procedures for the removal and relocations of trees.
At the June 28th, 2019 FCWPC the committee moved to establish a heritage tree recognition and incentive program with a cap of $30,000.00 per year.
In June 2015, the city adopted the tree preservation ordinance as a means of establishing regulatory oversight to protect our city’s tree canopy. The ordinance requires mitigation whenever a tree is removed and that mitigation for approved canopy loss would take place within close proximity to the subject removal as to prevent a net loss of canopy within the effected neighborhood.
During the 2019 Legislative Session, the Florida Legislature passed House Bill 1159, titled “Private Property Rights.” One of the provisions of the bill was to preempt local governments from requiring a notice, application, approval, permit, fee, or mitigation for the pruning, rimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.Thus, the Tree Ordinance needed to be revised to be consistent with the new state law.
The proposed amendments to the tree preservation ordinance are intended to promote a more diverse and resilient tree canopy. The proposed amendments include the following key areas:
1. Enhanced Preservation, Protection, and Mitigation
Many private properties have tree species that are prohibited under the county code. Removal of prohibited species does not require mitigation, except for Ficus altissima, Ficus benghalensis, or Ficus microcarpa with a trunk diameter greater than 20-inch. Many prohibited species in Miami Beach are mature trees that provide canopy and environmental benefits. The proposed ordinance requires that all prohibited species, including Ficus altissima, Ficus benghalensis, and Ficus microcarpa, with a minimum trunk diameter of 12 inches will require a tree removal permit.
2. Tree Replacement Requirements
In the current code, mitigation is calculated by measuring tree canopy spread and calculating total canopy being removed. In practice, this method has been shown to be subjective as there are varying measurement methodologies. In addition, tree canopy may be reduced substantially at times due to tree abuse, which makes calculating canopy erroneous. The new proposed language simplifies the mitigation calculation by creating a mitigation table. The mitigation table provides mitigation requirments based on the total trunk diameter rather than canopy area. This table will provide for appropriate mitigation based on the tree’s trunk diameter size and will help improve the city’s overall tree canopy diversity.
In addition, the proposed language includes proper soil volume requirements for newly planted trees to ensure future health of these trees.
3. Heritage Tree Incentive and Recognition Program
The proposed ordinance amendments establish more specific criteria for heritage tree designation. Potential heritage trees must be evaluated by a certified arborist to be in good health and have sound structural integrity while meeting one out of the following three criteria:
1. It is an historic tree or grouping of trees, of notable documented historical significance and value to the City of Miami Beach because of its or their location or historical association with the community.
2. It is a tree or grouping of trees with exemplary representation of species’ characteristics and of high value to the community because of its or their species, size, age, location, distinctive form, exceptional characteristics, or ecological value., aesthetic value or other relevant criteria.
3. It is a champion tree or grouping of trees., A champion tree is defined identified by the State of Florida Division of Forestry as being the largest of its species within the state or by the American Forestry Association as being the largest of its species in the United States or the world.
Once a tree on private property has been designated as a heritage tree, the proposed ordinance provides a $750.00 pruning allowance every four years funded through the tree trust fund. The property owner will be required to submit a no cost tree work permit application with a pruning plan prepared by a certified arborist. The pruning allowance will be provide following the receipt of the work that was conducted.
The FCWPC recommended that the heritage tree incentive program have an annual cap of $30,000.00 per fiscal year to be used for the pruning allowance program and, if applicable, any Miami-Dade County variance fees for heritage trees that are also prohibited species. Additional incentives will also be provided through partnership with the Miami Beach Botanical Gardens. This will include a one year family membership to the Miami Beach Botanical Gardens, plus personalized invitation to future Arbor Day events. The Environment and Sustainability Department has updated operational budgets for FY19-20 to reflect this and will reevaluate annually to determine annual allowances.
4. Violations of the Tree Preservation Ordinance
The current ordinance establishes a $1,000.00 per tree for violations and does not provide a period to cure. The proposed amendments provide a 60-day correction period for a property owner to either mitigate canopy loss or pay a fee. The 60-day correction period provides enough time to acquire an after-the-fact tree removal permit, and to replant the required mitigation. If violation is not addressed within the 60-day period, the associated penalties are will be imposed.
5. Tree Removal and Relocation Notification
The proposed ordinance amendments establish specific posting requirements for permitted tree removal and relocations. Newly proposed language will include the following posting requirements:
1. A minimum of seven days for non-specimen species.
2. A minimum of 14 days for specimen species.
3. A minimum of 30 days for heritage trees.
This will include posting of a tree removal/relocation notification sign at the edge of private properties to advise the public of the approved work (Attachment A). Per this proposed amendment, properties not in compliance would be cited per the provions of the ordinance.
The proposed amendments simplify the tree preservation ordinance to provide a more streamlined permitting process, while also providing for enhanced mitigation requirements. Protecting and preserving our city’s mature tree canopy, including providing incentives for heritage trees, will help to ensure the health and diversity of our urban tree canopy.