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 II, ENTITLED “CARE AND MAINTENANCE OF TREES AND PLANTS,” BY AMENDING DIVISION 2, ENTITLED “TREE PRESERVATION AND PROTECTION”; BY AMENDING THE DEFINITIONS IN SECTION 46-56, BY AMENDING THE PROVISIONS IN SECTION 46-58 REGARDING TREE REMOVAL REQUIREMENTS, BY AMENDING THE PROVISIONS IN SECTION 46-59 TO PROVIDE AN APPEAL PROCEDURE FOR TREE WORK PERMIT DENIALS, BY AMENDING PROVISIONS IN SECTION 46-61 REGARDING THE REPLACEMENT OF REMOVED PROHIBITED SPECIES AND THE CITY’S TREE PRESERVATION TRUST FUND, BY AMENDING TREE PROTECTION SPECIFICATIONS, TREE PRUNING REGULATIONS, AND THE EXCEPTIONS IN SECTION 46-62, BY AMENDING REGULATIONS REGARDING HERITAGE TREES IN SECTION 46-63, BY AMENDING PROVISIONS REGARDING ENFORCEMENT AND PENALTIES IN SECTION 46-67, AND BY REPLACING ALL REFERENCES TO THE PUBLIC WORKS DEPARTMENT, OR DIRECTOR, THROUGHOUT DIVISION 2 WITH ENVIRONMENT AND SUSTAINABILITY DEPARTMENT, OR DIRECTOR, OR HIS OR HER DESIGNEE, THE URBAN FORESTER, AS MORE SPECIFICALLY SET FORTH THEREIN; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

City Commission approved the first major revision of the Tree Preservation and Protection Ordinance on November 19, 2014. Communities across the United States have developed similar tree preservation ordinances to enhance the protection and preservation of trees. The proposed revisions to the tree preservation code are needed to address evolving permitting needs, and improve operating efficiency.

On June 15, 2015, the City Commission assumed permitting responsibilities for the removal and relocation of trees. Since that time there has been substantial positive growth. The following are program highlights from July 2015 to current:     

·         2,758 mitigation trees have been installed.

·         108 Tree Removal Permits have been issued.

·         $159,516.00 program revenue received for plan review and inspection related work.

·         $22,668.00 collected in lieu of planting required mitigation trees.

As the City’s Tree Preservation Program has continued to mature, various challenges have been encountered concerning tree permitting, continued loss of tree canopy, tree protection issues and tree code violations that necessitated revisions to the Tree Preservation and Protection code as follows:

(1)  Modify Tree Code to address lack of replacement canopy requirement or tree removal work permit being required for three (3) Ficus species. Miami Dade County considers these Ficus as non-natives and does not require a permit for removal or any mitigation. Mature Ficus trees are prevalent in many City neighborhoods and loss of these specimen size trees would represent a net loss of tree canopy from Miami Beach. In order to offset this canopy loss, language was added requiring Specimen tree level canopy replacement for removal of any of the following species with a DBH (diameter breast height) of 20” or greater: Ficus altissima, Ficus benghalensis and Ficus microcarpa. 

(2)  Modify current tree code to include an appeals process for denied tree removal applications. The current City tree code does not contain any provisions for appeal of a denied tree removal permit. An appeals process has been added for denied tree removal permit applications; with the City Urban Forester or Environment and Sustainability Director possessing final authority.

(3)  Revise the Tree Preservation Trust Fund Contribution rates. The current Tree Trust Fund rate language was adopted from Miami Dade County code. These rates are too low to cover the costs for installation of new canopy trees. The tree trust fund contribution chart was eliminated and replaced with language allowing the tree trust fund contribution rate to be set by a Resolution of the City Commission. This will add much needed flexibility as labor, supply, installation and delivery costs for tree installations can fluctuate rapidly. The proposed rate schedule is as follows:

(4)  Define regulations concerning attachments and trees. Code enforcement issues have arisen regarding how to regulate tree impacts on public property from use of slack lines, posting of signs, ropes etc. and not having these uses specifically mentioned in the current City code. The tree protection standards have been revised to prohibit any attachments, signs, chains, ropes or wires other than those of a protective nature from being attached to any trees on publicly owned or controlled property.

(5)  Require ISA or ASCA certification for professional tree pruning companies performing tree work in the City. Professional certifications have been developed to demonstrate competency in the field of arboriculture and tree appraisal and evaluation. In an effort to raise the overall Citywide quality of tree pruning performed on both public and private property, code language has been added that requires International Society of Arboriculture (ISA) or American Society of Consulting Arborists (ASCA) certification for any tree service performing tree pruning activities within the City.

(6)  Specific City Tree Pruning Standards. Code language was added specifically defining City acceptable pruning cuts and methods to ensure proper tree pruning standards are understood and followed.

(7)  Simplify the Heritage Tree Designation Process. There are many large and historic canopy trees located throughout the City on both public and private property. These trees deserve special recognition, a process previously created through the Heritage Tree Designation. The proposed amendments simplify the Heritage Tree Designation process. The proposed changes allow Department level approval in order to speed up the overall designation process and encourage Heritage Tree Application submittals. In addition the Department shall pay all County fees required for obtaining a variance for preservation of the following species with a DBH (diameter breast height) of 20” or greater: Ficus altissima, Ficus benghalensis and Ficus microcarpa. 

(8)  Enhance penalties and add corrective action language for tree code violations. Fines are proposed to be issued per tree removed rather than per violation.