Loading...
HomeMy Public PortalAbout10-03 Tree Protection Plan 1ST Reading: January 27, 2010 "d Readi 2 ng: February 24, 2010 Public Hearing: February 24, 2010 Adopted: February 24, 2010 Effective Date: February 24, 2010 Sponsored by: City Manager ORDINANCE NO. 10-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CREATING A NEW SECTION (ORDINANCE NO. 86-8, ARTICLE 7, SECTION 7.5) ENTITLED TREE PROTECTION PROGRAM; SPECIFYING INTENT; DESIGNATING AUTHORITY TO SUPERVISE; ENFORCE, MODIFY AND SUPPLEMENT; PROVIDING DEFINITIONS; ESTABLISHING TREE PLANTING STANDARDS; SPECIFYING TREE PRUNING STANDARDS; PROVIDING TREE REMOVAL STANDARDS; PROHIBITING TREE ABUSE; DESCRIBING PUBLIC PROPERTY PLANTING AND MAINTENANCE STANDARDS; APPLICABILITY TO UTILITY COMPANIES; ESTABLISHING EMERGENCY PROVISIONS; DESIGNATING ENFORCEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, REPEALER, AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka is in need of a Tree Ordinance to assist in the planting and protection of trees; and WHEREAS, the Tree Ordinance will create a new section entitled Tree Protection Program; and WHEREAS, the City of Opa-locka will establish a Community Forestry Program. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA,as follows: Section 1. The recitals to the Preamble herein are incorporated by reference. Section 2. Tree Protection and Conservation. Section of of the City of Opa-locka Code of Ordinances is hereby created No. 2010-03 is enacted and provides as follows: 1 (A) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: (1) ABH: Area at breast height. The area in square inches at breast height (four and one-half(41/2) feet above ground level) of a tree according to the formula where r is the radius of the tree in inches at breast height diameter. (2) Bond: Security in a form acceptable to and payable to the City of Opa-locka in an amount equal to the fair market value of the replacement tree(s) to be relocated or whose dripline may be encroached upon, and given by the applicant as guarantee of replacement for a period of one (1) year. The fair market value shall be established by resolution of the city commission each year and based upon published trade wholesale price lists with the appropriate multiplier representing maintenance, installation, warranty and other costs factored in. (3) Building Footprint: The portion of the lot, parcel or plot upon which buildings are to be placed. (4) Building Pad: The building footprint plus the five-foot distance from each of its sides. (5) Complete Application: The application and supporting documents have addressed all applicable sections of the prescribed application and that those sections and supporting documents are sufficient in comprehensiveness of data or in quality of information provided. (6) DBH(Diameter at Breast Height: The measurement of a tree's trunk diameter in inches at breast height (four and one-half (41/2) feet above ground level). For trees with less than four and one-half (41/2) feet of clear trunk, diameter shall be of the largest leader measured four and one-half (41/2) feet above ground level. For multi-trunk trees it shall be the sum of the diameter of the individual trunks measured four and one-half(41/2) feet above ground level. (7) Designated for Conservation: Trees which have been determined for conservation by the City of Coral Springs as shown on an approved Tree Permit or areas within Coral Springs which have been determined by Broward County or the City of Opa-locka as subject to conservation and as stated specifically within the Tree Permit as defined herein. (8) Dripline: The natural outside end of the branches of a tree projected vertically to the ground. (9) Dripline Encroachment: Any activity that has the effect of causing soil compaction, injury to lower limbs, grade change, contamination of soil, or damage to the root system. Specifically, this definition shall include acts such as parking of vehicles, use of heavy earth moving or grading equipment, placement of construction materials, excavation and filling, trenching, and the exposure of paints, oils, or chemicals within a tree's dripline. Specifically 2 excluded from this definition are routine maintenance activities such as mowing or walking within the tree's dripline. (10) Dripline Encroachment Plan: This plan shall be presented as part of the Tree Permit and shall be required for all trees whose dripline is planned to be encroached upon by any construction, excavation, fill or other activities associated with the development of the site. It shall include: (i) designation of each tree subject to any dripline encroachment, (ii) the reasons for the encroachment, (iii) detailed description of the proposed efforts to protect the tree from damage due to the encroachment, and (iv) a plan to ensure it survivability per Builder's Manual of Department of Agriculture. (11) Equivalent Replacement: The replacement of a removed or damaged tree to compensate for that tree's removal or its damage either with one (1) tree the same diameter or a combination of smaller trees that will equal that removed tree's DBH as defined herein. The minimums established in the landscape code of the City of Opa-locka for tree planting may not count toward the equivalent replacement amount established here, except where replacement occurs on site. The replacement species shall be native trees as defined herein or trees of similar species to those removed as approved by the city manager or his designee. (12) Equivalent Value: An amount of money, which reflects the fair market value of the required replacement trees. The current market price of replacement trees shall be established by the city manager or his designee, presented to the city commission in tabular form and approved by that body annually. (13) Land Clearing: The indiscriminate removal of trees, shrubs and/or undergrowth by stripping or any other process, with the intention of preparing real property for non-agricultural development purposes. This definition shall not include: the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations. (14) Landscape Manual: Document prepared by the planning department pursuant to section XXXXXX of the land development code, which provides an illustrative interpretation of landscape standards and a suggested guide for landscaping in accordance with the above standards. (15) Map of Environmentally Sensitive Lands: Map, prepared by planning department and approved by the city commission as part of this section, that identifies areas of native vegetation within the City of Coral Springs. (16) Native Tree: Tree of a species approved by the city manager or his designee or identified as native to this area by the Association of Florida Native Nurseries as may be amended from time to time, and incorporated herein by reference. 3 (17) Nuisance Trees: Certain non-native trees, often termed exotic, specifically Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (Poison Wood), Melaleuca quinquenervia (Punk Tree, Cajeput or Paper Bark), Casuarina spp. (Australian Pine, all specie), Brassaia actinophylla (Schefflera), Acacia auriculaeformis (Earleaf Acacia), Bischofia javanica (Bishopwood), Ficus benjamina (Weeping Fig), Ficus retusa (Laurel Fig), Dalbergia sissoo (Indian Rosewood), Ricinus communis (Castor Bean) and which are exempt from this section, except for permit requirement as set forth herein. There shall be no cost for this permit. (18) Optional Cash Payment: Fee equal to the fair market value of the required replacement tree(s) which may be paid by the applicant after recommendation from city staff that replacement of trees on-site or off-site pursuant to subsection (X) herein, is not feasible (19) Prune: The removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the standards established in sections XXXX and XXXX of the land development code. (20) Tree: Any living, self-supporting woody perennial plant at maturity attains a trunk diameter of at least three (3) inches or more when measured at a point four and one-half(41 ) feet above ground level and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. (21) Tree Credit: The utilization of native dicotyledons measured at inches DBH or native palm trees measured tree-for-tree as off-site replacement trees for sites being developed. These native trees must be planted after the date of this amendment. This credit only applies for a five-year period from date of planting of trees to be utilized for tree credit. This credit is for the inches at planting and is available only for off-site replacement (22) Tree-for-Tree Replacement: Replacing a removed tree with a tree or trees with a minimum of three (3) inches in cumulative trunk diameter at breast height (23) Tree Permit: Consists of the application and all necessary information relating to existing trees on site and proposed relocation, removal, dripline encroachment and barricading. Except for nuisance species, this permit shall not be approved prior to city approval of the underlying project. (24) Tree Relocation: To transplant a tree from one (1) location to another. (25) Tree Removal: To permanently remove the trunk and/or root system of a tree. (26) Tree Survey: A sealed survey prepared by a Florida licensed land surveyor and shall show, in addition to all boundary information, the exact location, size, botanical and common name, and diameter of all trees at least three (3) inches in diameter measured four and one-half (41 ) feet above ground level within the area affected by the development except that groups of nuisance 4 trees as defined herein may be designated as "clumps," with the predominant type shown. The tree species noted on the tree survey shall be certified by a landscape architect. The expense of the survey shall be borne by the applicant. (27) Trim: To reduce, shorten or diminish gradually a plant or parts of a plant without altering the natural shape (28) Upholstery: The plant life existing under a tree canopy including ferns, bushes and groundcovers. (29) Undeveloped Land: Land which is unimproved, in that no principal building or structure has been constructed upon it. (B) Permit Required. A Tree Permit shall be required prior to any person natural or corporate, encroaching upon a tree dripline, or cutting down, destroying, removing, relocating or destructively damaging any tree or causing any tree to be encroached upon (within the tree's dripline), cut down, destroyed, removed or relocated or destructively damage. (1) Application for Tree Permit. The property owner or his authorized agent shall apply for a Tree Permit from the city manager or his designee, prior to any tree removal, relocation, or dripline encroachment. (a) This application shall be made on a form provided by the city manager or his designee, and approval shall result in the issuance of the Tree Permit. 1. The application shall include the following: a. Name, address and telephone number of those persons or entities who own the property and those persons or entities conducting the removal activities. b. A detailed written statement indicating the reasons for the clearing of land, dripline encroachment, removal, relocation or replacement of the trees and a proposal to replace or relocate removed or damaged trees and including the following: 1. The amount of land to be disturbed. 2. The method and equipment to be used. 3. The dates the clearing of land, dripline encroachment, removal, relocation or replacement of trees will take place. 4. Utilization of any tree credit. A tree planting credit agreement pursuant to section XXXX(X) (X) herein, as prepared by the city shall be required as a condition of utilizing this option. c. Four (4) copies of a legible survey as defined herein drawn to one (1) inch equals to twenty (20) feet scale or to the largest practicable scale (as determined by the planting department), indicating the following: 5 1. Location of all existing structures including the building pad as defined herein, improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Existing site elevations. 3. Location of existing utility services and all easements. 4. The name, common and botanical, size and location of all trees on the site specifically designated by number. The trees shall be tagged and identified consistently with the numbering system utilized on the tree survey. Groups of nuisance trees in close proximity may be designated as "clumps" of trees with the predominate type shown. 5. Required tree information shall be summarized in legend or tabular form on the plan. d. Four (4) copies of a legible site development plan drawn to one (1) inch equals twenty (20) feet scale or to the largest practicable scale indicating the following applicable items as determined by the planning department: 1. Location of all proposed structures, improvement and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Proposed site elevations, where any fill or excavation around existing trees is required. 3. Location of proposed or existing utility services in relation to trees. 4. The name, common and botanical, size and location of all trees on the site specifically designating by number the trees to be retained, removed, relocated or replaced. The trees shall be identified consistently with the numbering system utilized on the tree survey. Groups of nuisance trees in close proximity which are to remain may be designated as "clumps" of trees with the predominate type shown. 5 Location of all individual or group barricades. 6. Landscaping plan pursuant to section 201 herein. 7. Tree information required shall be summarized in legend or tabular form on the plan and shall include the reason for the proposed clearing of land, removal, relocation or replacement. e. Dripline encroachment plan. A dripline encroachment plan shall be required if any construction, excavation, filling or other 6 development activity will occur within the dripline of any trees. designated for preservation. 1. This plan shall include: A. Designation of each tree subject to any dripline encroachment. B. A written statement of the reasons for the encroachment. C. A detailed statement of the proposed efforts to protect the tree from damage due to the encroachment, and to insure its survival. D. Should any tree die as a result of dripline encroachment, a plan and detailed reasons for any necessary removal or replacement of the tree shall be provided. 2. Trees within this plan are subject to the standards for tree protection during development detailed in this section. f. On-site representative required. The applicant for a tree removal permit on environmentally sensitive lands shall, at the time of application, designate an on-site representative who will be responsible for the installation and the maintenance of all vegetation protective barriers. The representative shall be responsible for supervising the removal of all existing vegetation permitted to be removed. The representative shall be on site at all times during the vegetation clearing operations. (b) Applications involving developed properties or properties not shown on the map of environmentally sensitive lands as defined herein may be based on drawings showing only that portion of the site directly involved and adjacent structures and landscaping and native vegetation incidental thereto. In such cases, a tree survey is not required. A tree sketch showing the approximate location(s) of all existing tree(s) with common and botanical name shall be provided instead. (2) Grant of Permit by City Manager or his Designee. The city manager or his designee shall grant a Tree Permit upon payment of a fee not to exceed the actual costs of processing the permit, the presentation of the application referenced above, and the presentation of a bond to the City of Coral Springs as described in section (G) herein. This permit shall not be effective until a site inspection has been requested and received by the property owner or his authorized agent, and approved by the city. (a) Criteria for Tree Permit. A Tree Permit shall be issued only after the city manager or his designee determines that existing natural features are being preserved to the maximum extent possible in the design of the improvement as defined in Section XXX (XX), and any of the following conditions exists. 1. For those trees within areas designated on the map of environmentally sensitive lands, over an acre in size, as defined 7 herein, at least twenty-five (25) percent of the native trees are being preserved intact in contiguous land areas. This percentage shall be calculated from the number of native trees within the contiguous land area and shall be applicable to all site plans or plats approved after the effective date of this section. 2. The tree is a nuisance tree as defined in this section. For such removal, no other provisions of this section shall apply and no cost shall be assessed for this permit. 3. The tree is located in the building pad street right-of-way, canal right-of-way, an area designated for line clearing, or a utility or drainage easement where a structure or improvement is to be placed, or where it unreasonably restricts the use of the property. 4. The tree is diseased, injured, or destructively damaged. For such removal, no other provisions of this section will apply. No cost shall be assessed for this permit. However, minimum landscaping requirements established within the land development code shall be met. 5. The tree is in danger of materially impairing the structural integrity of existing or proposed structures, interferes with utility service, or adversely affects sight distance triangles. 6. The tree is required to be cut down, destroyed, removed or relocated or destructively damaged by a county, state or federal law, or by rules promulgated by a county, state or federal agency. For such removal, no other provisions of this section will apply. No cost shall be assessed for this permit. (b) This permit, if approved, shall be granted for a maximum of six (6) months. (c) This permit shall be posted in a protected area and in a conspicuous place on the site. (d) A sign with the minimum dimension of two (2) feet by three (3) feet shall be posted along each roadway frontage of the site and shall be readable from the roadway and shall state: TREES ON THIS SITE BEING REMOVED ACCORDING TO PERMIT NO. PURSUANT TO CITY OF OPA-LOCKA CODE. For those permits not requiring tree removal, the sign may read: TREES ON THIS SITE BEING PROTECTED ACCORDING TO PERMIT NO. PURSUANT TO CITY OF OPA-LOCKA CODE. (C) Tree Permit Required as Condition to Tree Removal Pursuant to Development or Land Clearing. No person, natural or corporate, shall proceed with tree removal 8 pursuant to development or land clearing on any improved, vacant or unimproved land, unless specifically exempted by this section, (including land designated for conservation by Miami-Dade County or the City of Opa-locka without a Tree Permit pursuant to subsection (X). (D) Tree Permit Review. Review of the Tree Permit plan shall be completed within fifteen (15) working days of receipt of that plan by the City of Opa-locka Planning Department. (E) Criteria for Tree Permit Review. Approval of Tree Permits and replacement of tree(s) or the payment of the optional cash payment as defined herein shall be permitted if the city manager or his designee after examination of the Tree Permit determines that existing natural features as defined in Section XXX (XX) are being preserved to the maximum extent possible in the design of the improvement and that any of the following conditions exist: (1) For those trees within areas designated on the map of environmentally sensitive lands, over an acre in size, as defined herein, at least twenty-five (25) percent of the native trees are being preserved intact in contiguous land areas. This percentage shall be calculated from the number of native trees within the contiguous land area and shall be applicable to all site plans or plats approved after the effective date of this section. (2) The tree is a nuisance tree as defined in this section. For such removal, no other provisions of this section will apply and no cost shall be assessed for this permit. (3) The tree is located in the building pad, street right-of-way, canal right-of-way, an area designated for line clearing, or a utility or drainage easement where a structure or improvement is to be placed or where it unreasonably restricts the use of the property. If certain trees outside the above areas must be removed to allow the operation of equipment, the site plan shall indicate the exact operation area needed, and provide for a replacement tree or trees. (4) The tree is diseased, injured, or destructively damaged as provided in subsection (J) herein. However, no replacement is necessary unless the removal of the diseased, injured or damaged tree causes the property to contain less than the minimum landscaping requirements. (5) The tree is in danger of materially impairing the structural integrity of existing or proposed structures, interferes with utility service, or adversely affects sight distance triangles. (6) The tree is required to be cut down, destroyed, removed or relocated or destructively damaged by a county, state or federal law, or by rules promulgated by a county, state or federal agency. (F) Tree removal and replacement. As a condition to this approval of a Tree Permit or for any tree removal pursuant to this section, the city shall require the applicant to relocate or replace a removed tree at his own expense. However such relocation or replacement must be within the project site. In the event that relocation or replacement of the tree or trees within the site is not practical as determined by the 9 city manager or his designee, a tree may be removed to public lands, or private property approved by the city manager or his designee. (1) Replacement Trees. A removed tree must be replaced with its equivalent replacement in trees. This replacement tree shall be a type of species having shade potential and other positive values, as further described in the landscape manual as defined herein, at least equal to that of the tree being removed, and shall be a minimum of six (6) feet in height when planted. The planted tree shall be of native species as defined herein or others as approved by the city manager or his designee. However: (a) On lots to be developed for single-family, duplex, townhouse or zero lot line dwelling purposes, trees within the building pad defined herein, the individual driveway leading to that unit excluding circular drives shall be replaced on a tree-for-tree basis. (b) Within multifamily development, trees within the building pad defined herein shall be replaced on a tree-for-tree basis. (c) Within nonresidential properties noted on the environmentally sensitive lands map, trees within the building pad as defined herein shall be replaced on a tree-for-tree basis. (2) Maintenance of Relocated and Replacement Trees. Trees must be relocated or replaced as specified by this section within sixty(60) days of the approval for tree removal; provided however, if the trees are to be removed to facilitate construction or development activities, said relocation or replacement must be completed prior to the issuance of certificate of occupancy on the construction, development site or phase of development, as applicable. The trees to be relocated or replaced on-site or off-site private property must be maintained in a healthy growing condition and guaranteed for a period of at least one (1) year. Trees to be relocated or replaced on public property must be guaranteed. The guarantee period shall end one (1) year from the date of installation or at acceptance by city staff(whichever is earlier) of any relocated or replaced trees. (3) Optional Cash Payment. An optional cash payment equal to the fair market value of the required replacement tree(s) paid by the applicant after recommendation from city staff that replacement of trees on-site pursuant to this subsection is not feasible. (4) Tree Credit. Credit shall be given for the off-site planting of trees meeting the definition of equivalent, replacement at the time of planting against any off-site tree replacement required by this section in accordance with the following terms and condition: (a) Credit will be given for those trees planted after the adoption of this section in excess of tree planting required by the land development code 10 against any tree replacement requirements for tree removal on any property within the city. (b) This credit only applies for a five-year period from the date of planting of trees to be utilized for the tree credit. (c) A tree planting credit agreement must be executed by the person requesting such credit on a form approved by the city specifying the numbers and location of such trees for which credit is sought. This agreement will specify who may utilize the credit and for which properties. The city official responsible for issuing Tree Permits shall maintain the records of how much credit is currently available in the name of the person receiving such credit. This record shall include the name of the individual authorized to use such credit, the location where the credit is used, the amount of credit used, and the resulting balance of credit available. (G) Bond for Tree Relocation, Replacement, or Dripline Encroachment. A bond shall be held by the City of Opa-locka for one (1) year to insure tree replacement in the event that tree relocation or dripline encroachment results in the death of any tree subject to a Tree Permit or for any tree damaged or destroyed in any pre- development or development activities such as surveying. Such bond amount shall be assessed at the fair market value of the required replacement tree(s) or for tree replacement which cannot be effected prior to issuance of a certificate of occupancy for the underlying project. If the developer/builder desires, it may employ a landscape architect to supply revised bonding amounts for city review and approval if the landscape architect determines that the trees or palms subject to relocation or dripline encroachment are unlikely to die as a result of the pre-construction or construction activities. Tree bond amounts of under one thousand five hundred dollars ($1,500.00) are to be guaranteed through a letter of guarantee rather than through a posting of a cash bond. (H) Tree Trust Fund (1) Establishment. A tree trust fund (hereinafter referred to as the Opa-locka Tree Preservation Account or the "trust") is hereby established as a depository for tree removal fees and penalty monies. Such monies shall be placed in an interest bearing account solely for the purpose of funding tree replacement on public property within the City of Opa-locka. (2) Term of Existence. The Opa-locka Tree Preservation Account shall be self- perpetuating from year to year unless specifically terminated by the city commission. (3) Trust Assets. All monies received pursuant to the provisions of this section from public or private concerns shall be placed in trust for an inure to the use and benefit of the City of Opa-locka and its successors and assigns in interest. (4) Trust Administration. 11 (a) Trust funds shall be expended, utilized and disbursed only for the purposes designated by the city commission of the City of Opa-locka to administer its tree preservation program pursuant to this section. (b) The trust shall be a separate account established and maintained apart from the general revenue funds and accounts of the City of Opa-locka. (c) Monies obtained pursuant to this section may be accepted on behalf of the City of Opa-locka by the city manager or his designee, and upon receipt shall be delivered to the City of Coral Springs department of finance, which shall cause the same to be credited to the trust. (5) Disbursal of Assets (a) Expenditures of over ten thousand dollars ($3,500.00) shall require approval of the city commission of the City of Coral Springs. (b) The city commission of the City of Coral Springs shall make expenditures for planting of trees in accordance with land development code provisions pertaining to contracting and purchasing. The city commission shall have control over the disbursement of these monies provided; however, that any such disbursement shall be coordinated with the city manager. (c) Trust funds shall be used to obtain trees, landscaping, sprinkler systems and any other items or materials necessary and proper for the preservation, maintenance, relocation or restoration of tree ecosystems, on any public land in the City of Opa-locka. With city commission approval, these monies may also be utilized to engage support elements, such as landscape architects and additional personnel if deemed necessary in the opinion of the city manager. These monies may also be used to cover the expense of relocation of trees in the City of Opa-locka. (I) Standards for Tree Protection during Development. The following are minimum standards necessary to protect trees designated for preservation from damage during development activities after the Tree Permit has been approved. (1) Protection of Existing Trees. Prior to any clearing of improved, vacant or unimproved land unless specifically exempted from this section (including land designated for conservation by Miami-Dade County of the City of Opa-locka), trees to be preserved (as designated in the Tree Permit approved by the city manager or his designee including any surveying or similar pre-development activity) shall have barriers constructed around them by the developer to prevent physical damage from heavy equipment and other activities incidental to development. Required barriers shall be subject to inspection by the city as a condition of permit approval and prior to any such clearing. (a) Barriers or barricades. The barriers or barricades shall be: 1. Large enough to include the entire area inside the outer edge or dripline of the tree; and 12 2. Conspicuous enough and high enough to be seen easily by operators of trucks and other equipment; and 3. Constructed of sturdy scrap wood (four-by-four stock), or other sturdy material (not flagging or ribbons) as approved by the director of planning based on professional judgment that the intent of this provision shall be met. 4. Constructed as a condition of, the issuance of any land clearing, building or other development permit and prior to any construction or other development activities and required to remain in place throughout the construction period. Barriers or barricades shall be completely removed from the site at the end of the construction period, (immediately prior to the issuance of a certificate of occupancy by the City of Opa-locka Building Department) unless otherwise stipulated in the approved tree preservation plan. (2) Clearing Trees and Vegetation. (a) Clearing by hand. Within the dripline of trees designated for preservation, only clearing by hand is permissible, unless otherwise stipulated in the approved Tree Permit. (b) Storage. Trees and vegetation cleared during construction or other development activities shall be stored in an area designated by the city manager or his designee with the grant of a Tree Permit. (c) Removal. All trees and vegetation cleared and stored pursuant to this section shall be removed within two (2) weeks after completion of the clearing. (3) Other Required Protection of Trees and Understory. Developer shall protect the trees and understory plants designated for preservation in the approved Tree Permit from chemical poisoning, excavation and grade changes to at least the following minimum standards: (a) Utility line trenches. Utility line trenches shall be routed away from trees to an area outside the dripline to the maximum extent possible. (b) Grade changes. Retaining walls and dry wells shall be utilized where needed to protect trees from severe grade changes. For shallow fills, the fill material shall be gently sloped down to the level of the tree roots leaving the tree in a depression larger than the spread of its crown. (c) Parking on site during construction or development activities. No parking, vehicle maintenance, storage of construction materials or debris, or cleaning of equipment shall take place within areas marked for preservation specifically including, but not limited to, within the dripline of any individual trees. 13 1. Parking and storage areas. The developer or contractor shall establish regular parking and storage areas under the supervision of the city to facilitate compliance with the above standard. (d) Encroachment. Encroachment into any barricaded area shall be forbidden with the exception of activities specifically permitted by the approved Tree Permit including dripline encroachment plan as established herein. 4) Pruning of Trees and Vegetation. The developer shall be permitted to cut or prune branches and roots of trees designed for preservation, only under the supervision of the city manager or his designee. (a) Standards where permitted. The standards for pruning as established by the American National Standards Institute (ANSI A-300) and as outlined in the landscape manual shall be utilized in the pruning of trees within the City of Coral Springs. (5) Root System Protection. The root systems of trees shall be protected as follows: (a) Excavation within the dripline. The city manager or his designee may approve a dripline encroachment plan, upon an applicant's request to excavate within the dripline of a tree, as part of a Tree Permit. (b) Standards for root protection. The city manager or his designee may establish additional standards for root protection consistent with this section. 1. Root exposure standards. If roots are exposed, the developer shall provide temporary earth cover mixed with peat moss and wrapped with burlap to prevent exposed roots from drying out before permanent backfill is placed. 2. Support of tree or root system. The developer shall also water, maintain in moist condition, and otherwise temporarily support and protect the tree or root from damage until the tree or root is permanently covered with earth. (c) Protection of the tree root system. The developer shall protect tree root systems from damage due to noxious materials in solution caused by runoff, or spillage during mixing and placement of construction materials, or drainage from stored materials. The developer shall also protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations. (6) Stormwater Runoff. Whenever possible, stormwater runoff shall be directed into any cypress area contained on site. Prior to entering in the cypress area, all runoff must be filtered through vegetated swales or vegetated berms. 14 (7) Trees Damaged During Construction. The developer shall have trees damaged by construction repaired by a professional arborist in a manner acceptable to the city. (a) Immediate notification of city. The city manager or his designee must be notified immediately after any damage to any tree damaged by construction operations. (b) Prompt repair. Such repairs as necessary shall be made promptly after damage occurs to prevent progressive deteriorations of damaged trees. (c) Removal and replacement of damaged trees. The developer shall remove trees which are determined by the city manager or his designee to be incapable of restoration to normal growth pattern. Such trees shall be subject to replacement under the provisions of this section. (d) Any tree designated for preservation which is damaged by development activities in violation of this section (not including bonded trees in a dripline encroachment plan) under this subsection and which dies as a result of this damage shall be subject to the tree replacement or removal requirements contained herein except that these requirements may use ABH instead of DBH as defined herein to calculate the equivalent value or equivalent replacement for the dead tree. (J) Exemptions. (1) Damaged Trees. Trees destructively damaged or destroyed by an act of God or an act of war are exempt from this section. (2) Governmental Entities. Any fees or bonding requirements required by this section do not apply to agencies of the federal, state, county and local government including the school board. (3) Utilities. Any fees or bonding requirements required by this section do not apply to utilities. Utilities are exempt from the inch-for-inch tree replacement requirements herein set forth and shall replace on a tree-for-tree basis. (4) Licensed Plant and Tree Nurseries. Licensed plant and/or tree nurseries shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on site for wholesale and/or retail sale purposes in the ordinary course of said licensee's business. (5) Governmental and Private Nurseries. All governmental and private nurseries with respect to trees which have been planted and are growing for future relocation; are exempt from this section. (6) Developed Single-Family and Duplex Properties Including Townhouse and Zero Lot Line Development. Owner occupied developed single-family and duplex properties including townhouse and zero lot line development not included in the map of environmentally sensitive lands as designate for conservation are exempt from the provisions of this section. 15 (7) Emergency Conditions. During emergency conditions caused by a hurricane or other disaster, or to protect the public safety, the provisions of this section may be suspended by direction of the city manager. (8) Nuisance Trees. Nuisance trees as defined herein are exempt from the provisions of this section except for the requirement to obtain a permit prior to their removal. However no fee shall be assessed for this permit. (9) Miami-Dade County Trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state or local agencies to regionally significant roadways as identified on the Miami-Dade County Trafficways Plan are exempt from the replacement requirements established herein. However, this shall not exempt those roadways from receiving a Tree Permit. Regionally significant roadways as identified on the Miami-Dade County Trafficways Plan shall include: NW 27th Avenue NW 135th Street NW 37th Avenue/Douglas RD NW 42nd Avenue/LeJeune RD NW 22nd Avenue NW 151st Street/Oriental Boulevard (South Section) (10)City Trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state and local agencies to city trafficways as specified in the Municipal Code are exempt from replacement requirements established herein. However, this shall not exempt those roadways from receiving a Tree Permit. (11)Small Trees. Trees less than three (3) inches in diameter as measured four and one-half(41/2) feet from grade are exempt from the provisions of this section. (12)Planted Trees. Trees planted on vacant residential property may be relocated or subjected to dripline encroachment prior to the issuance of a certificate of occupancy for a principal building on the property without a permit. All tree removal shall require a permit pursuant to this section. However, for trees planted in designated buffer or landscape parcels or strips any relocation, replacement, or dripline encroachment occurring after one (1) year after planting shall require a permit pursuant to this section. K) Tree Variance. (1) [Generally.] The City of Opa-locka recognizes that the regulations provided within this section may not address all situations relating to tree protection and conservation. The city commission, therefore, may grant variances upon the recommendation of the planning and zoning board, from the provisions of this section upon the filing of an application with the planning department. 16 (2) Standards. A variance shall be granted if the city commission, after a public hearing, determines that all of the following facts and conditions exist: (a) That there are unique and special circumstances or conditions applying to the property in question that do not generally apply to other properties in the same zoning district. (b) That the applicant did not cause the unique and special circumstances or conditions above, nor are these circumstances or conditions the result of mere ignorance or disregard of the provisions from which relief is sought. (c) That the literal interpretation of the land development code section will result in an undue hardship to the applicant; and that such hardship is not self-created by any person having an interest in the property nor is a result of mere ignorance or disregard of the provisions from which relief is sought. (d) That the strict application of the land development code section will deprive the applicant of reasonable use of the property for which the variance is sought. (e) That the variance sought is the minimum variance which makes possible the reasonable use of the property. (3) Application; Fees. (a) Applications for tree variance shall (i) be in writing on a form furnished by the city; (ii) be accompanied by a fee in an amount sufficient to reimburse the city for all administrative expenses associated with each tree variance request; and (iii) state with specificity the grounds upon which the tree variance request is based and include all details (with exhibits when necessary) available to the petitioner to support petitioner's request. If the application is complete as determined by the planning department, it shall be placed on the agenda of the planning and zoning board within thirty (30) working days of the determination. Complete as stated herein means that the petition and supporting documents have addressed all applicable sections of the prescribed application and that those sections and supporting documents are sufficient in comprehensiveness of data or in quality of information provided. (b) The application shall be scheduled before the planning and zoning board as a public hearing item. Upon the recommendation of the planning and zoning board the item shall be scheduled before the city commission as a public hearing item. The public shall be given notice of each hearing according to the procedure outlined in section 127 of the land development code. (4) Procedure Before the Planning and Zoning Board. (a) Upon public hearing, the planning and zoning board shall first hear the recommendation of the city administration as to the tree variance 17 application. Next, the board shall receive the presentation of the petitioner, and finally, the board shall open the hearing to the public for comments from all interested citizens. (b) In making its presentation the applicant must assume the burden of demonstrating to the board, by substantial competent evidence, support for each position or finding required by subsection (2) for tree variance approval. (c) At the conclusion of the public hearing, the board shall make a recommendation to the city commission on whatever action the board deems to be in the public interest, inclusive of recommending either approval or denial and, where appropriate, conditions which may be imposed upon the tree variance granted. The findings and recommendations of the planning and zoning board shall be placed on the agenda of the city commission no later than thirty (30) days after the board's action. (5) Procedure before the City Commission. (a) Upon public hearing, the city commission shall first hear the recommendation of the city administration including the recommendations of the planning and zoning board as to the tree variance application in question. Next, the commission shall receive the presentation of the petitioner, and finally, the commission shall open the hearing to the public for comments from all interested citizens. (b) In making its presentation the petitioner must assume the burden of demonstrating to the commission, by substantial competent evidence, support for each position or finding required by subsection (2) for tree variance approval. (c) At the conclusion of the public hearing, the commission shall take whatever action is deemed to be in the public interest, inclusive of tabling the request in order to receive additional information. If the application is denied or granted, however, the commission shall state the basis for either approval or denial and, where appropriate, conditions which may be imposed upon the tree variance granted. (L) Appeals to City Commission. (1) Any citizen may appeal any decision of the city manager or his designee in the enforcement of any term or provision of this section to the city commission by filing within thirty (30) days after the date of decision, a written notice of appeal with the city manager. This notice of appeal shall set forth precisely the decision appealed from and the reasons or grounds for the appeal. (2) The enforcement agency may immediately issue a stop work order for only that work which could be affected by the subject appeal, pending final disposition of the appeal by the city commission. 18 (3) The city commission shall hear and consider all facts material to the appeal and render a decision within forty-five (45) days of the filing of the appeal. The city commission may affirm, modify or reverse the decision appealed from, provided that the city commission shall not take any action which conflicts with or nullifies any of the provisions of this section. The decision of the city commission shall constitute final administrative review and no petition for rehearing or reconsideration shall be considered. M. Enforcement. (1) [Generally.] The city manager or the city manager's designee shall enforce the provisions of this section. (2) Individual enforcement. Each violation of this section or any of its subsections is deemed a separate and distinct infraction of the land development code. Each tree to be protected may be the subject of individual enforcement. (3) Strict liability of owner. The owner of any property where a tree or trees have been cut down, destroyed, removed, relocated or destructively damaged shall be held strictly liable for a violation of this section unless it can be proven that the damage was caused by: (a) An act of God; (b) An act of war; (c) Development activities on the property pursuant to an approved Tree Permit; or (d) (The owner alleges that the damage was caused by vandals or trespassers and the owner of the property has filed a police report for the incident and had taken reasonable security measures to prevent unauthorized access to the property. (4) Stop-Work Order. The enforcement agency shall immediately issue an order to cease and desist any work being carried out in violation of this section or any permit conditions promulgated under this section. Upon notice of such violation, no further work shall take place until appropriate remedial action is instituted, as determined by the enforcement agency. (5) Other Enforcement. Nothing in this section shall prohibit the city from enforcing this section by other means. N) Penalties. (1) Fine and Replacement. Each violation of this section shall be punishable in a court of competent jurisdiction by a fine of no more than five hundred dollars ($500.00) plus the cost of replacement of the trees removed from the site, the costs associated with investigation and prosecution together with any equitable remedies deemed reasonable and proper by the court (cost of replacement tree in this context may be measured utilizing up to the removed tree's ABH to determine its value or other such measures as deemed appropriate by the 19 court). The removal, relocation or destruction, including dripline encroachment, of each tree for which a Tree Permit is required in violation of this section shall constitute a separate offense under this section. (2) Withholding or Revocation of City Permits. Failure of any party to follow the procedures as required by this section shall constitute grounds for withholding or revoking site plan approval, building permits, occupancy permits or any other appropriate approvals necessary to continue development. Such extraordinary sanctions, however, shall be instituted immediately upon the direction of the city manager and with the ratification of the city commission at its next regular or special meeting. This ratification shall be considered a public hearing at which all interested parties shall have notice and an opportunity to be heard and to be represented by legal counsel. (3) After the Fact Tree Permit. In cases where tree removal is carried out without the necessary permit under the terms and conditions of this section, the property owner shall be required to make application for an after-the-fact Tree Permit. Application fee shall be triple the regular application fee. The city manager or his designee may grant an after-the-fact Tree Permit only if he finds that the same application would have rightfully been approved prior to removal of the tree(s) and that each tree destroyed is to be replaced by trees of equal or greater equivalent replacement value. Such replacement trees shall be located on the subject site wherever practical, or they may be required to be located on off-site private or public property. Such replacement shall be assured by a cash bond. If the conditions for an after-the-fact Tree Permit are not fulfilled, the case shall be referred to the city attorney's office for appropriate action under this section. Section 3. Contractors to post bond for removal of trash following completion of construction. (a) A cash bond in the amount of two hundred dollars ($200.00) shall be posted with the office of the building inspector of the City of Opa-locka by all builders wishing to construct within the city either a single family unit, or a commercial unit of less than five thousand (5,000) square feet to ensure the removal of all trash within a period of five (5) days after construction has been completed and before a certificate of occupancy is issued, and to cover any damage done to public or private property which was caused by the construction. (b) For those builders constructing multiple units, dwelling or commercial, there will be a cash bond required in the amount of two hundred dollars ($200.00) plus ten dollars ($10.00) for every additional dwelling unit within the structure, or in instances of commercial units, ten dollars ($10.00) for each additional one thousand (1,000) square feet. (c) In no event, however, shall the city pursuant to the authority provided in subsections (a) and (b), supra, collect trash deposits in excess of one thousand dollars ($1,000.00) from any one person, natural or corporate. 20 (d) In the event that monies posted pursuant to this section are not utilized for trash cleanup and are therefore refundable to the individual and/or corporation posting said bond, and further in the event that said individual or corporation does not request a refund of said monies, the City of Opa-locka shall: (1) Make diligent inquiry as to the location of the individual and/or corporation so as to effect a proper refund, and (2) Retain said monies for a period of twelve (12) months from the date that a certificate of occupancy is issued on the structure for which the bond was posted. In the event, however, that no one individual or corporation requests a refund of a trash bond so deposited and further in the event that diligent inquiry by the City of Opa-locka fails to discover the location and/or address of the individual so entitled to said refund, then upon the expiration of twelve (12) months from the date of the issuance of the certificate of occupancy for which the trash bond was posted by an individual or corporation, the City of Opa-locka shall remit all monies to the state pursuant to Chapter 717 Florida Statutes, as amended from time to time, and any other applicable statutes, as amended from time to time. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. The ordinance shall become effective in the manner provided by law. SECTION 6. The ordinance shall, upon adoption, be codified in the City of Opa-locka Code of Ordinances. ADOPTED AND PASSED ON THIS 24th DAY OF February, 2010. 21 ATTEST: j Ap.roved a fo and legal su iciency: .sir De•orah Irby J•.ep .. eller City Clerk 14iteri City Attorney January 27, 2010 DATE Moved by: Commissioner Holmes Seconded by: Commissioner Johnson Commission Vote: 5-0 Commissioner Holmes: Yes Commissioner Johnson: Yes Commissioner Tydus: Yes Vice Mayor Taylor: Yes Mayor Kelley: Yes 22 OPp.LOCKQ. u n' APO HP'T E� Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson elaranCeWerson,ommissioner Rose Tydus FROM: City Manager DATE: January 21,2010 RE: CITY OF OPA-LOCKA TREE ORDINANCE Request: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, , CREATING A NEW SECTION (XX) ENTITLED TREE PROTECTION PROGRAM; SPECIFYING INTENT; DESIGNATING AUTHORITY TO SUPERVISE, ENFORCE, MODIFY AND SUPPLEMENT; PROVIDING DEFINITIONS; ESTABLISHING TREE PLANTING STANDARDS; SPECIFYING TREE PRUNING STANDARDS; PROVIDING TREE REMOVAL STANDARDS; PROHIBITING TREE ABUSE; DESCRIBING PUBLIC PROPERTY PLANTING AND MAINTENANCE STANDARDS; APPLICABILITY TO UTILITY COMPANIES; ESTABLISHING EMERGENCY PROVISIONS; DESIGNATING ENFORCEMENT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Description: This agenda item is a request to the City Commission to introduce a tree ordinance, which will enable the City of Opa-locka to qualify for Tree City USA designation. Financial Impact: Yes. Evidence is required that the city has established a community forestry program that is supported by an annual budget of at least$2 per capita. 1 Implementation Time Line: Immediately upon adoption. Legislative History: N/A Recommendation(s): At the Commission's discretion Analysis: To qualify for Tree City USA, a town or city must meet four standards established by The Arbor Day Foundation and the National Association of State Foresters. These standards were established to ensure that every qualifying community would have a viable tree management plan and program. The four standards are: 1. Introduction of a Tree Ordinance: A tree ordinance provides an opportunity to set good policy and back it with the force of law when necessary. Ideally, it will provide clear guidance for planting, maintaining and removing trees from streets, parks and other public places. The tree ordinance must designate the establishment of a tree board or forestry department and give this body the responsibility for writing and implementing an annual community forestry work plan. 2. A Tree Board or Department: A governing body, a person or department must be legally responsible for the care and management of the community's trees. This may be a professional forester or arborist, an entire forestry or public works department, or a volunteer tree board. Often, both a professional staff and advisory tree board is present, which is a good goal for most communities. A tree board, or commission, is a group of concerned volunteer citizens charged by ordinance with developing and administering a comprehensive tree management program. 3. Annual Budget of at Least $2 per capita: Evidence is required that the community has established a community forestry program that is supported by an annual budget of at least $2 per capita. 4. An Arbor Day Observance and Proclamation: An Arbor Day celebration can be simple and brief or an all-day or all-week observation. It can be a simple tree planting event or an award ceremony that honors leading tree planters. For children, Arbor Day may be their only exposure to the green world or a springboard to discussions about the complex issue of environmental quality. ATTACHMENT(S): Copies information on Tree City, USA PREPARED BY: Octavien Spanner 2 CITY OF OPA-LOCKA TREE ORDINANCE Sec. x. Tree protection and conservation. (A) Definitions. For the purposes of this section,the following words and phrases shall have the following meanings: (1) ABH: Area at breast height. The area in square inches at breast height(four and one-half (4%)feet above ground level) of a tree according to the formula where r is the radius of the tree in inches at breast height diameter. (2) Bond: Security in a form acceptable to and payable to the City of Opa-locka in an amount equal to the fair market value of the replacement tree(s)to be relocated or whose dripline may be encroached upon, and given by the applicant as guarantee of replacement for a period of one (1) year. The fair market value shall be established by resolution of the city commission each year and based upon published trade wholesale price lists with the appropriate multiplier representing maintenance, installation, warranty and other costs factored in. (3) Building footprint: The portion of the lot, parcel or plot upon which buildings are to be placed. (4) Building pad: The building footprint plus the five-foot distance from each of its sides. (5) Complete application: The application and supporting documents have addressed all applicable sections of the prescribed application and that those sections and supporting documents are sufficient in comprehensiveness of data or in quality of information provided. (6) DBH: Diameter at breast height. The measurement of a tree's trunk diameter in inches at breast height(four and one-half(4%)feet above ground level). For trees with less than four and one-half(41/2)feet of clear trunk, diameter shall be of the largest leader measured four and one-half(4%)feet above ground level. For multi- trunk trees it shall be the sum of the diameter of the individual trunks measured four and one-half(41/2)feet above ground level. (7) Designated for conservation: Trees which have been determined for conservation by the City of Coral Springs as shown on an approved tree permit or areas within Coral Springs which have been determined by Broward County or the City of Opa- locka as subject to conservation and as stated specifically within the tree permit as defined herein. (8) Dripline: The natural outside end of the branches of a tree projected vertically to the ground. (9) Dripline encroachment: Any activity that has the effect of causing soil compaction, injury to lower limbs, grade change, contamination of soil, or damage to the root system. Specifically, this definition shall include acts such as parking of vehicles, use of heavy earth moving or grading equipment, placement of construction materials, excavation and filling, trenching, and the exposure of paints, oils, or chemicals within a tree's dripline. Specifically excluded from this definition are routine maintenance activities such as mowing or walking within the tree's dripline. (10) Dripline encroachment plan: This plan shall be presented as part of the tree permit and shall be required for all trees whose dripline is planned to be encroached upon by any construction, excavation, fill or other activities associated with the development of the site. It shall include: (i) designation of each tree subject to any dripline encroachment, (ii)the reasons for the encroachment, (iii) detailed description of the proposed efforts to protect the tree from damage due to the encroachment, and (iv) a plan to ensure it survivability per Builder's Manual of Department of Agriculture. (11) Equivalent replacement: The replacement of a removed or damaged tree to compensate for that tree's removal or its damage either with one (1)tree the same diameter or a combination of smaller trees that will equal that removed tree's DBH as defined herein. The minimums established in the landscape code of the City of Opa-locka for tree planting may not count toward the equivalent replacement amount established here, except where replacement occurs on site. The replacement species shall be native trees as defined herein or trees of similar species to those removed as approved by the city manager or his designee. (12) Equivalent value: An amount of money, which reflects the fair market value of the required replacement trees. The current market price of replacement trees shall be established by the city manager or his designee, presented to the city commission in tabular form and approved by that body annually. (13) Land clearing: The indiscriminate removal of trees, shrubs and/or undergrowth by stripping or any other process, with the intention of preparing real property for non- agricultural development purposes. This definition shall not include: the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations. (14) Landscape manual: Document prepared by the planning department pursuant to section XXXXXX of the land development code, which provides an illustrative interpretation of landscape standards and a suggested guide for landscaping in accordance with the above standards. (15) Map of environmentally sensitive lands: Map, prepared by planning department and approved by the city commission as part of this section, that identifies areas of native vegetation within the City of Coral Springs. (16) Native tree: Tree of a species approved by the city manager or his designee or identified as native to this area by the Association of Florida Native Nurseries as may be amended from time to time, and incorporated herein by reference. (17) Nuisance trees: Certain non-native trees, often termed exotic, specifically Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (Poison Wood), Melaleuca quinquenervia(Punk Tree, Cajeput or Paper Bark), Casuarina spp. (Australian Pine, all specie), Brassaia actinophylla(Schefflera), Acacia auriculaeformis (Earleaf Acacia), Bischofia javanica (Bishopwood), Ficus benjamina(Weeping Fig), Ficus retusa (Laurel Fig), Dalbergia sissoo(Indian Rosewood), Ricinus communis (Castor Bean) and which are exempt from this section, except for permit requirement as set forth herein. There shall be no cost for this permit. (18) Optional cash payment: Fee equal to the fair market value of the required replacement tree(s) which may be paid by the applicant after recommendation from city staff that replacement of trees on-site or off-site pursuant to subsection (X) herein, is not feasible. (19) Prune: The removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the standards established in sections XXXX and XXXX of the land development code. (20) Tree: Any living, self-supporting woody perennial plant at maturity attains a trunk diameter of at least three(3) inches or more when measured at a point four and one-half(41) feet above ground level and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. (21) Tree credit: The utilization of native dicotyledons measured at inches DBH or native palm trees measured tree-for-tree as off-site replacement trees for sites being developed. These native trees must be planted after the date of this amendment. This credit only applies for a five-year period from date of planting of trees to be utilized for tree credit. This credit is for the inches at planting and is available only for off-site replacement. (22) Tree-for-tree replacement: Replacing a removed tree with a tree or trees with a minimum of three (3) inches in cumulative trunk diameter at breast height. (23) Tree permit: Consists of the application and all necessary information relating to existing trees on site and proposed relocation, removal, dripline encroachment and barricading. Except for nuisance species, this permit shall not be approved prior to city approval of the underlying project. (24) Tree relocation: To transplant a tree from one (1) location to another. (25) Tree removal: To permanently remove the trunk and/or root system of a tree. (26) Tree survey: A sealed survey prepared by a Florida licensed land surveyor and shall show, in addition to all boundary information, the exact location, size, botanical and common name, and diameter of all trees at least three (3) inches in diameter measured four and one-half(41/2)feet above ground level within the area affected by the development except that groups of nuisance trees as defined herein may be designated as "clumps," with the predominant type shown. The tree species noted on the tree survey shall be certified by a landscape architect. The expense of the survey shall be borne by the applicant. (27) Trim: To reduce, shorten or diminish gradually a plant or parts of a plant without altering the natural shape. (28) Upholstery: The plant life existing under a tree canopy including ferns, bushes and groundcovers. (29) Undeveloped land: Land which is unimproved, in that no principal building or structure has been constructed upon it. (B) Permit required. A tree permit shall be required prior to any person natural or corporate, encroaching upon a tree dripline, or cutting down, destroying, removing, relocating or destructively damaging any tree or causing any tree to be encroached upon (within the tree's dripline), cut down, destroyed, removed or relocated or destructively damage. (1) Application for tree permit. The property owner or his authorized agent shall apply for a tree permit from the city manager or his designee, prior to any tree removal, relocation, or dripline encroachment. (a)This application shall be made on a form provided by the city manager or his designee, and approval shall result in the issuance of the tree permit. 1.The application shall include the following: a.Name, address and telephone number of those persons or entities who own the property and those persons or entities conducting the removal activities. b.A detailed written statement indicating the reasons for the clearing of land, dripline encroachment, removal, relocation or replacement of the trees and a proposal to replace or relocate removed or damaged trees and including the following: 1. The amount of land to be disturbed. 2. The method and equipment to be used. 3. The dates the clearing of land, dripline encroachment, removal, relocation or replacement of trees will take place. 4. Utilization of any tree credit. A tree planting credit agreement pursuant to section XXXX(X)(X) herein, as prepared by the city shall be required as a condition of utilizing this option. c.Four(4) copies of a legible survey as defined herein drawn to one (1) inch equals to twenty(20) feet scale or to the largest practicable scale (as determined by the planting department), indicating the following: 1. Location of all existing structures including the building pad as defined herein, improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Existing site elevations. 3. Location of existing utility services and all easements. 4. The name, common and botanical, size and location of all trees on the site specifically designated by number. The trees shall be tagged and identified consistently with the numbering system utilized on the tree survey. Groups of nuisance trees in close proximity may be designated as "clumps" of trees with the predominate type shown. 5. Required tree information shall be summarized in legend or tabular form on the plan. d.Four(4) copies of a legible site development plan drawn to one (1) inch equals twenty(20)feet scale or to the largest practicable scale indicating the following applicable items as determined by the planning department: 1. Location of all proposed structures, improvement and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Proposed site elevations, where any fill or excavation around existing trees is required. 3. Location of proposed or existing utility services in relation to trees. 4. The name, common and botanical, size and location of all trees on the site specifically designating by number the trees to be retained, removed, relocated or replaced. The trees shall be identified consistently with the numbering system utilized on the tree survey. Groups of nuisance trees in close proximity which are to remain may be designated as "clumps"of trees with the predominate type shown. 5. Location of all individual or group barricades. 6. Landscaping plan pursuant to section 201 herein. 7. Tree information required shall be summarized in legend or tabular form on the plan and shall include the reason for the proposed clearing of land, removal, relocation or replacement. e.Dripline encroachment plan. A dripline encroachment plan shall be required if any construction, excavation, filling or other development activity will occur within the dripline of any trees designated for preservation. 1. This plan shall include: A. Designation of each tree subject to any dripline encroachment. B. A written statement of the reasons for the encroachment. C. A detailed statement of the proposed efforts to protect the tree from damage due to the encroachment, and to insure its survival. D. Should any tree die as a result of dripline encroachment, a plan and detailed reasons for any necessary removal or replacement of the tree shall be provided. 2. Trees within this plan are subject to the standards for tree protection during development detailed in this section. f. On-site representative required. The applicant for a tree removal permit on environmentally sensitive lands shall, at the time of application, designate an on-site representative who will be responsible for the installation and the maintenance of all vegetation protective barriers. The representative shall be responsible for supervising the removal of all existing vegetation permitted to be removed. The representative shall be on site at all times during the vegetation clearing operations. (b)Applications involving developed properties or properties not shown on the map of environmentally sensitive lands as defined herein may be based on drawings showing only that portion of the site directly involved and adjacent structures and landscaping and native vegetation incidental thereto. In such cases, a tree survey is not required. A tree sketch showing the approximate location(s) of all existing tree(s) with common and botanical name shall be provided instead. (2) Grant of permit by city manager or his designee. The city manager or his designee shall grant a tree permit upon payment of a fee not to exceed the actual costs of processing the permit, the presentation of the application referenced above, and the presentation of a bond to the City of Coral Springs as described in section (G) herein. This permit shall not be effective until a site inspection has been requested and received by the property owner or his authorized agent, and approved by the city. (a)Criteria for tree permit. A tree permit shall be issued only after the city manager or his designee determines that existing natural features are being preserved to the maximum extent possible in the design of the improvement as defined in section XXX(XX), and any of the following conditions exists: 1.For those trees within areas designated on the map of environmentally sensitive lands, over an acre in size, as defined herein, at least twenty-five (25) percent of the native trees are being preserved intact in contiguous land areas. This percentage shall be calculated from the number of native trees within the contiguous land area and shall be applicable to all site plans or plats approved after the effective date of this section. 2.The tree is a nuisance tree as defined in this section. For such removal, no other provisions of this section shall apply and no cost shall be assessed for this permit. 3.The tree is located in the building pad street right-of-way, canal right-of-way, an area designated for line clearing, or a utility or drainage easement where a structure or improvement is to be placed, or where it unreasonably restricts the use of the property. 4.The tree is diseased, injured, or destructively damaged. For such removal, no other provisions of this section will apply. No cost shall be assessed for this permit. However, minimum landscaping requirements established within the land development code shall be met. 5.The tree is in danger of materially impairing the structural integrity of existing or proposed structures, interferes with utility service, or adversely affects sight distance triangles. 6.The tree is required to be cut down, destroyed, removed or relocated or destructively damaged by a county, state or federal law, or by rules promulgated by a county, state or federal agency. For such removal, no other provisions of this section will apply. No cost shall be assessed for this permit. (b)This permit, if approved, shall be granted for a maximum of six (6) months. (c)This permit shall be posted in a protected area and in a conspicuous place on the site. (d)A sign with the minimum dimension of two (2) feet by three (3)feet shall be posted along each roadway frontage of the site and shall be readable from the roadway and shall state: TREES ON THIS SITE BEING REMOVED ACCORDING TO PERMIT NO. PURSUANT TO CITY OF OPA-LOCKA CODE. For those permits not requiring tree removal, the sign may read: TREES ON THIS SITE BEING PROTECTED ACCORDING TO PERMIT NO. PURSUANT TO CITY OF OPA-LOCKA CODE. (C) Tree permit required as condition to tree removal pursuant to development or land clearing. No person, natural or corporate, shall proceed with tree removal pursuant to development or land clearing on any improved, vacant or unimproved land, unless specifically exempted by this section, (including land designated for conservation by Miami-Dade County or the City of Opa-locka without a tree permit pursuant to subsection (X). (D) Tree permit review. Review of the tree permit plan shall be completed within fifteen (15) working days of receipt of that plan by the City of Opa-locka Planning Department. (E) Criteria for tree permit review. Approval of tree permits and replacement of tree(s) or the payment of the optional cash payment as defined herein shall be permitted if the city manager or his designee after examination of the tree permit determines that existing natural features as defined in section XXX(XX) are being preserved to the maximum extent possible in the design of the improvement and that any of the following conditions exist: (1) For those trees within areas designated on the map of environmentally sensitive lands, over an acre in size, as defined herein, at least twenty-five (25) percent of the native trees are being preserved intact incontiguous land areas. This percentage shall be calculated from the number of native trees within the contiguous land area and shall be applicable to all site plans or plats approved after the effective date of this section. (2) The tree is a nuisance tree as defined in this section. For such removal, no other provisions of this section will apply and no cost shall be assessed for this permit. (3) The tree is located in the building pad, street right-of-way, canal right-of-way, an area designated for line clearing, or a utility or drainage easement where a structure or improvement is to be placed or where it unreasonably restricts the use of the property. If certain trees outside the above areas must be removed to allow the operation of equipment,the site plan shall indicate the exact operation area needed, and provide for a replacement tree or trees. (4) The tree is diseased, injured, or destructively damaged as provided in subsection (J) herein. However, no replacement is necessary unless the removal of the diseased, injured or damaged tree causes the property to contain less than the minimum landscaping requirements. (5) The tree is in danger of materially impairing the structural integrity of existing or proposed structures, interferes with utility service, or adversely affects sight distance triangles. (6) The tree is required to be cut down, destroyed, removed or relocated or destructively damaged by a county, state or federal law, or by rules promulgated by a county, state or federal agency. (F) Tree removal and replacement. As a condition to this approval of a tree permit or for any tree removal pursuant to this section,the city shall require the applicant to relocate or replace a removed tree at his own expense. However such relocation or replacement must be within the project site. In the event that relocation or replacement of the tree or trees within the site is not practical as determined by the city manager or his designee, a tree may be removed to public lands, or private property approved by the city manager or his designee. (1) Replacement trees. A removed tree must be replaced with its equivalent replacement in trees. This replacement tree shall be a type of species having shade potential and other positive values, as further described in the landscape manual as defined herein, at least equal to that of the tree being removed, and shall be a minimum of six(6)feet in height when planted. The planted tree shall be of native species as defined herein or others as approved by the city manager or his designee. However: (a)On lots to be developed for single-family, duplex, townhouse or zero lot line dwelling purposes, trees within the building pad defined herein, the individual driveway leading to that unit excluding circular drives shall be replaced on a tree- for-tree basis. (b)Within multifamily development, trees within the building pad defined herein shall be replaced on a tree-for-tree basis. (c)Within nonresidential properties noted on the environmentally sensitive lands map,trees within the building pad as defined herein shall be replaced on a tree- for-tree basis. (2) Maintenance of relocated and replacement trees. Trees must be relocated or replaced as specified by this section within sixty(60) days of the approval for tree removal; provided however, if the trees are to be removed to facilitate construction or development activities, said relocation or replacement must be completed prior to the issuance of certificate of occupancy on the construction, development site or phase of development, as applicable. The trees to be relocated or replaced on-site or off-site private property must be maintained in a healthy growing condition and guaranteed for a period of at least one (1) year. Trees to be relocated or replaced on public property must be guaranteed. The guarantee period shall end one (1) year from the date of installation or at acceptance by city staff (whichever is earlier) of any relocated or replaced trees. (3) Optional cash payment. An optional cash payment equal to the fair market value of the required replacement tree(s) paid by the applicant after recommendation from city staff that replacement of trees on-site pursuant to this subsection is not feasible. (4) Tree credit. Credit shall be given for the off-site planting of trees meeting the definition of equivalent, replacement at the time of planting against any off-site tree replacement required by this section in accordance with the following terms and condition: (a)Credit will be given for those trees planted after the adoption of this section in excess of tree planting required by the land development code against any tree replacement requirements for tree removal on any property within the city. (b)This credit only applies for a five-year period from the date of planting of trees to be utilized for the tree credit. (c)A tree planting credit agreement must be executed by the person requesting such credit on a form approved by the city specifying the numbers and location of such trees for which credit is sought. This agreement will specify who may utilize the credit and for which properties. The city official responsible for issuing tree permits shall maintain the records of how much credit is currently available in the name of the person receiving such credit. This record shall include the name of the individual authorized to use such credit,the location where the credit is used, the amount of credit used, and the resulting balance of credit available. (G) Bond for tree relocation, replacement, or dripline encroachment. A bond shall be held by the City of Opa-locka for one (1) year to insure tree replacement in the event that tree relocation or dripline encroachment results in the death of any tree subject to a tree permit or for any tree damaged or destroyed in any pre-development or development activities such as surveying. Such bond amount shall be assessed at the fair market value of the required replacement tree(s) or for tree replacement which cannot be effected prior to issuance of a certificate of occupancy for the underlying project. If the developer/builder desires, it may employ a landscape architect to supply revised bonding amounts for city review and approval if the landscape architect determines that the trees or palms subject to relocation or dripline encroachment are unlikely to die as a result of the pre-construction or construction activities. Tree bond amounts of under one thousand five hundred dollars ($1,500.00) are to be guaranteed through a letter of guarantee rather than through a posting of a cash bond. (H) Tree trust fund. (1) Establishment. A tree trust fund (hereinafter referred to as the Opa-locka Tree Preservation Account or the "trust") is hereby established as a depository for tree removal fees and penalty monies. Such monies shall be placed in an interest bearing account solely for the purpose of funding tree replacement on public property within the City of Opa-locka. (2) Term of existence. The Opa-locka Tree Preservation Account shall be self- perpetuating from year to year unless specifically terminated by the city commission. (3) Trust assets. All monies received pursuant to the provisions of this section from public or private concerns shall be placed in trust for an inure to the use and benefit of the City of Opa-locka and its successors and assigns in interest. (4) Trust administration. (a)Trust funds shall be expended, utilized and disbursed only for the purposes designated by the city commission of the City of Opa-locka to administer its tree preservation program pursuant to this section. (b)The trust shall be a separate account established and maintained apart from the general revenue funds and accounts of the City of Opa-locka. (c)Monies obtained pursuant to this section may be accepted on behalf of the City of Opa-locka by the city manager or his designee, and upon receipt shall be delivered to the City of Coral Springs department of finance, which shall cause the same to be credited to the trust. (5) Disbursal of assets. (a)Expenditures of over ten thousand dollars ($3,500.00) shall require approval of the city commission of the City of Coral Springs. (b)The city commission of the City of Coral Springs shall make expenditures for planting of trees in accordance with land development code provisions pertaining to contracting and purchasing. The city commission shall have control over the disbursement of these monies provided, however, that any such disbursement shall be coordinated with the city manager. (c)Trust funds shall be used to obtain trees, landscaping, sprinkler systems and any other items or materials necessary and proper for the preservation, maintenance, relocation or restoration of tree ecosystems, on any public land in the City of Opa-locka. With city commission approval, these monies may also be utilized to engage support elements, such as landscape architects and additional personnel if deemed necessary in the opinion of the city manager. These monies may also be used to cover the expense of relocation of trees in the City of Opa-locka. (I) Standards for tree protection during development. The following are minimum standards necessary to protect trees designated for preservation from damage during development activities after the tree permit has been approved. (1) Protection of existing trees. Prior to any clearing of improved, vacant or unimproved land unless specifically exempted from this section (including land designated for conservation by Miami-Dade County of the City of Opa-locka),trees to be preserved (as designated in the tree permit approved by the city manager or his designee including any surveying or similar pre-development activity) shall have barriers constructed around them by the developer to prevent physical damage from heavy equipment and other activities incidental to development. Required barriers shall be subject to inspection by the city as a condition of permit approval and prior to any such clearing. (a)Barriers or barricades. The barriers or barricades shall be: 1.Large enough to include the entire area inside the outer edge or dripline of the tree; and 2.Conspicuous enough and high enough to be seen easily by operators of trucks and other equipment; and 3.Constructed of sturdy scrap wood (four-by-four stock), or other sturdy material (not flagging or ribbons) as approved by the director of planning based on professional judgment that the intent of this provision shall be met. 4.Constructed as a condition of,the issuance of any land clearing, building or other development permit and prior to any construction or other development activities and required to remain in place throughout the construction period. Barriers or barricades shall be completely removed from the site at the end of the construction period, (immediately prior to the issuance of a certificate of occupancy by the City of Opa-locka Building Department) unless otherwise stipulated in the approved tree preservation plan. (2) Clearing trees and vegetation. (a)Clearing by hand. Within the dripline of trees designated for preservation, only clearing by hand is permissible, unless otherwise stipulated in the approved tree permit. (b)Storage. Trees and vegetation cleared during construction or other development activities shall be stored in an area designated by the city manager or his designee with the grant of a tree permit. (c)Removal. All trees and vegetation cleared and stored pursuant to this section shall be removed within two (2) weeks after completion of the clearing. (3) Other required protection of trees and understory. Developer shall protect the trees and understory plants designated for preservation in the approved tree permit from chemical poisoning, excavation and grade changes to at least the following minimum standards: (a)Utility line trenches. Utility line trenches shall be routed away from trees to an area outside the dripline to the maximum extent possible. (b)Grade changes. Retaining walls and dry wells shall be utilized where needed to protect trees from severe grade changes. For shallow fills, the fill material shall be gently sloped down to the level of the tree roots leaving the tree in a depression larger than the spread of its crown. (c)Parking on site during construction or development activities. No parking, vehicle maintenance, storage of construction materials or debris, or cleaning of equipment shall take place within areas marked for preservation specifically including, but not limited to, within the dripline of any individual trees. 1.Parking and storage areas. The developer or contractor shall establish regular parking and storage areas under the supervision of the city to facilitate compliance with the above standard. (d)Encroachment. Encroachment into any barricaded area shall be forbidden with the exception of activities specifically permitted by the approved tree permit including dripline encroachment plan as established herein. (4) Pruning of trees and vegetation. The developer shall be permitted to cut or prune branches and roots of trees designed for preservation, only under the supervision of the city manager or his designee. (a)Standards where permitted. The standards for pruning as established by the American National Standards Institute (ANSI A-300) and as outlined in the landscape manual shall be utilized in the pruning of trees within the City of Coral Springs. (5) Root system protection. The root systems of trees shall be protected as follows: (a)Excavation within the dripline. The city manager or his designee may approve a dripline encroachment plan, upon an applicant's request to excavate within the dripline of a tree, as part of a tree permit. (b)Standards for root protection. The city manager or his designee may establish additional standards for root protection consistent with this section. 1.Root exposure standards. If roots are exposed,the developer shall provide temporary earth cover mixed with peat moss and wrapped with burlap to prevent exposed roots from drying out before permanent backfill is placed. 2.Support of tree or root system. The developer shall also water, maintain in moist condition, and otherwise temporarily support and protect the tree or root from damage until the tree or root is permanently covered with earth. (c)Protection of the tree root system. The developer shall protect tree root systems from damage due to noxious materials in solution caused by runoff, or spillage during mixing and placement of construction materials, or drainage from stored materials. The developer shall also protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations. (6) Stormwater runoff. Whenever possible, stormwater runoff shall be directed into any cypress area contained on site. Prior to entering in the cypress area, all runoff must be filtered through vegetated swales or vegetated berms. (7) Trees damaged during construction. The developer shall have trees damaged by construction repaired by a professional arborist in a manner acceptable to the city. (a)Immediate notification of city. The city manager or his designee must be notified immediately after any damage to any tree damaged by construction operations. (b)Prompt repair. Such repairs as necessary shall be made promptly after damage occurs to prevent progressive deteriorations of damaged trees. (c)Removal and replacement of damaged trees. The developer shall remove trees which are determined by the city manager or his designee to be incapable of restoration to normal growth pattern. Such trees shall be subject to replacement under the provisions of this section. (d)Any tree designated for preservation which is damaged by development activities in violation of this section (not including bonded trees in a dripline encroachment plan) under this subsection and which dies as a result of this damage shall be subject to the tree replacement or removal requirements contained herein except that these requirements may use ABH instead of DBH as defined herein to calculate the equivalent value or equivalent replacement for the dead tree. (J) Exemptions. (1) Damaged trees. Trees destructively damaged or destroyed by an act of God or an act of war are exempt from this section. (2) Governmental entities. Any fees or bonding requirements required by this section do not apply to agencies of the federal, state, county and local government including the school board. (3) Utilities. Any fees or bonding requirements required by this section do not apply to utilities. Utilities are exempt from the inch-for-inch tree replacement requirements herein set forth and shall replace on a tree-for-tree basis. (4) Licensed plant and tree nurseries. Licensed plant and/or tree nurseries shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on site for wholesale and/or retail sale purposes in the ordinary course of said licensee's business. (5) Governmental and private nurseries. All governmental and private nurseries with respect to trees which have been planted and are growing for future relocation; are exempt from this section. (6) Developed single-family and duplex properties including townhouse and zero lot line development. Owner occupied developed single-family and duplex properties including townhouse and zero lot line development not included in the map of environmentally sensitive lands as designate for conservation are exempt from the provisions of this section. (7) Emergency conditions. During emergency conditions caused by a hurricane or other disaster, or to protect the public safety, the provisions of this section may be suspended by direction of the city manager. (8) Nuisance trees. Nuisance trees as defined herein are exempt from the provisions of this section except for the requirement to obtain a permit prior to their removal. However no fee shall be assessed for this permit. (9) Miami-Dade County Trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state or local agencies to regionally significant roadways as identified on the Miami-Dade County Trafficways Plan are exempt from the replacement requirements established herein. However, this shall not exempt those roadways from receiving a tree permit. Regionally significant roadways as identified on the Miami-Dade County Trafficways Plan shall include: NW 27th Avenue NW 135th Street NW 37th Avenue/Douglas RD NW 42nd Avenue/LeJeun RD NW 22nd Avenue NW 151St Street/Oriental Boulevard (South Section) (10) City trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state and local agencies to city trafficways as specified in the Municipal Code are exempt from replacement requirements established herein. However, this shall not exempt those roadways from receiving a tree permit. (11) Small trees. Trees less than three (3) inches in diameter as measured four and one-half (41) feet from grade are exempt from the provisions of this section. (12) Planted trees. Trees planted on vacant residential property may be relocated or subjected to dripline encroachment prior to the issuance of a certificate of occupancy for a principal building on the property without a permit. All tree removal shall require a permit pursuant to this section. However,for trees planted in designated buffer or landscape parcels or strips any relocation, replacement, or dripline encroachment occurring after one (1) year after planting shall require a permit pursuant to this section. (K) Tree variance. (1) [Generally.]The City of Opa-locka recognizes that the regulations provided within this section may not address all situations relating to tree protection and conservation. The city commission, therefore, may grant variances upon the recommendation of the planning and zoning board, from the provisions of this section upon the filing of an application with the planning department. (2) Standards. A variance shall be granted if the city commission, after a public hearing, determines that all of the following facts and conditions exist: (a)That there are unique and special circumstances or conditions applying to the property in question that do not generally apply to other properties in the same zoning district. (b)That the applicant did not cause the unique and special circumstances or conditions above, nor are these circumstances or conditions the result of mere ignorance or disregard of the provisions from which relief is sought. (c)That the literal interpretation of the land development code section will result in an undue hardship to the applicant; and that such hardship is not self-created by any person having an interest in the property nor is a result of mere ignorance or disregard of the provisions from which relief is sought. (d)That the strict application of the land development code section will deprive the applicant of reasonable use of the property for which the variance is sought. (e)That the variance sought is the minimum variance which makes possible the reasonable use of the property. (3) Application;fees. (a)Applications for tree variance shall (i) be in writing on a form furnished by the city; (ii) be accompanied by a fee in an amount sufficient to reimburse the city for all administrative expenses associated with each tree variance request; and (iii) state with specificity the grounds upon which the tree variance request is based and include all details (with exhibits when necessary) available to the petitioner to support petitioner's request. If the application is complete as determined by the planning department, it shall be placed on the agenda of the planning and zoning board within thirty(30) working days of the determination. Complete as stated herein means that the petition and supporting documents have addressed all applicable sections of the prescribed application and that those sections and supporting documents are sufficient in comprehensiveness of data or in quality of information provided. (b)The application shall be scheduled before the planning and zoning board as a public hearing item. Upon the recommendation of the planning and zoning board the item shall be scheduled before the city commission as a public hearing item. The public shall be given notice of each hearing according to the procedure outlined in section 127 of the land development code. (4) Procedure before the planning and zoning board. (a)Upon public hearing, the planning and zoning board shall first hear the recommendation of the city administration as to the tree variance application. Next, the board shall receive the presentation of the petitioner, and finally,the board shall open the hearing to the public for comments from all interested citizens. (b)In making its presentation the applicant must assume the burden of demonstrating to the board, by substantial competent evidence, support for each position or finding required by subsection (2)for tree variance approval. (c)At the conclusion of the public hearing, the board shall make a recommendation to the city commission on whatever action the board deems to be in the public interest, inclusive of recommending either approval or denial and, where appropriate, conditions which may be imposed upon the tree variance granted. The findings and recommendations of the planning and zoning board shall be placed on the agenda of the city commission no later than thirty(30) days after the board's action. (5) Procedure before the city commission. (a)Upon public hearing, the city commission shall first hear the recommendation of the city administration including the recommendations of the planning and zoning board as to the tree variance application in question. Next, the commission shall receive the presentation of the petitioner, and finally, the commission shall open the hearing to the public for comments from all interested citizens. (b)In making its presentation the petitioner must assume the burden of demonstrating to the commission, by substantial competent evidence, support for each position or finding required by subsection (2)for tree variance approval. (c)At the conclusion of the public hearing, the commission shall take whatever action is deemed to be in the public interest, inclusive of tabling the request in order to receive additional information. If the application is denied or granted, however, the commission shall state the basis for either approval or denial and, where appropriate, conditions which may be imposed upon the tree variance granted. (L) Appeals to city commission. (1) Any citizen may appeal any decision of the city manager or his designee in the enforcement of any term or provision of this section to the city commission by filing within thirty(30) days after the date of decision, a written notice of appeal with the city manager. This notice of appeal shall set forth precisely the decision appealed from and the reasons or grounds for the appeal. (2) The enforcement agency may immediately issue a stop work order for only that work which could be affected by the subject appeal, pending final disposition of the appeal by the city commission. (3) The city commission shall hear and consider all facts material to the appeal and render a decision within forty-five (45) days of the filing of the appeal. The city commission may affirm, modify or reverse the decision appealed from, provided that the city commission shall not take any action which conflicts with or nullifies any of the provisions of this section. The decision of the city commission shall constitute final administrative review and no petition for rehearing or reconsideration shall be considered. (M) Enforcement. (1) [Generally.]The city manager or the city manager's designee shall enforce the provisions of this section. (2) Individual enforcement. Each violation of this section or any of its subsections is deemed a separate and distinct infraction of the land development code. Each tree to be protected may be the subject of individual enforcement. (3) Strict liability of owner. The owner of any property where a tree or trees have been cut down, destroyed, removed, relocated or destructively damaged shall be held strictly liable for a violation of this section unless it can be proven that the damage was caused by: (a)An act of God; (b)An act of war; (c)Development activities on the property pursuant to an approved tree permit; or (d)The owner alleges that the damage was caused by vandals or trespassers and the owner of the property has filed a police report for the incident and had taken reasonable security measures to prevent unauthorized access to the property. (4) Stop-work order. The enforcement agency shall immediately issue an order to cease and desist any work being carried out in violation of this section or any permit conditions promulgated under this section. Upon notice of such violation, no further work shall take place until appropriate remedial action is instituted, as determined by the enforcement agency. (5) Other enforcement. Nothing in this section shall prohibit the city from enforcing this section by other means. (N) Penalties. (1) Fine and replacement. Each violation of this section shall be punishable in a court of competent jurisdiction by a fine of no more than five hundred dollars ($500.00) plus the cost of replacement of the trees removed from the site, the costs associated with investigation and prosecution together with any equitable remedies deemed reasonable and proper by the court(cost of replacement tree in this context may be measured utilizing up to the removed tree's ABH to determine its value or other such measures as deemed appropriate by the court). The removal, relocation or destruction, including dripline encroachment, of each tree for which a tree permit is required in violation of this section shall constitute a separate offense under this section. (2) Withholding or revocation of city permits. Failure of any party to follow the procedures as required by this section shall constitute grounds for withholding or revoking site plan approval, building permits, occupancy permits or any other appropriate approvals necessary to continue development. Such extraordinary sanctions, however, shall be instituted immediately upon the direction of the city manager and with the ratification of the city commission at its next regular or special meeting. This ratification shall be considered a public hearing at which all interested parties shall have notice and an opportunity to be heard and to be represented by legal counsel. (3) After the fact tree permit. In cases where tree removal is carried out without the necessary permit under the terms and conditions of this section, the property owner shall be required to make application for an after-the-fact tree permit. Application fee shall be triple the regular application fee. The city manager or his designee may grant an after-the-fact tree permit only if he finds that the same application would have rightfully been approved prior to removal of the tree(s) and that each tree destroyed is to be replaced by trees of equal or greater equivalent replacement value. Such replacement trees shall be located on the subject site wherever practical, or they may be required to be located on off-site private or public property. Such replacement shall be assured by a cash bond. If the conditions for an after- the-fact tree permit are not fulfilled, the case shall be referred to the city attorney's office for appropriate action under this section. (Code XXXX, §X-X; Ord. No. XXXXX, §X, XXXX) Sec. X. Contractors to post bond for removal of trash following completion of construction. (a) A cash bond in the amount of two hundred dollars ($200.00) shall be posted with the office of the building inspector of the City of Opa-locka by all builders wishing to construct within the city either a single family unit, or a commercial unit of less than five thousand (5,000) square feet to ensure the removal of all trash within a period of five (5) days after construction has been completed and before a certificate of occupancy is issued, and to cover any damage done to public or private property which was caused by the construction. (b) For those builders constructing multiple units, dwelling or commercial, there will be a cash bond required in the amount of two hundred dollars ($200.00) plus ten dollars ($10.00)for every additional dwelling unit within the structure, or in instances of commercial units, ten dollars ($10.00)for each additional one thousand (1,000) square feet. (c) In no event, however, shall the city pursuant to the authority provided in subsections (a) and (b), supra, collect trash deposits in excess of one thousand dollars ($1,000.00)from any one person, natural or corporate. (e) In the event that monies posted pursuant to this section are not utilized for trash cleanup and are therefore refundable to the individual and/or corporation posting said bond, and further in the event that said individual or corporation does not request a refund of said monies, the City of Opa-locka shall: (1) Make diligent inquiry as to the location of the individual and/or corporation so as to effect a proper refund, and (2) Retain said monies for a period of twelve (12) months from the date that a certificate of occupancy is issued on the structure for which the bond was posted. In the event, however, that no one individual or corporation requests a refund of a trash bond so deposited and further in the event that diligent inquiry by the City of Opa-locka fails to discover the location and/or address of the individual so entitled to said refund, then upon the expiration of twelve(12) months from the date of the issuance of the certificate of occupancy for which the trash bond was posted by an individual or corporation, the City of Opa-locka shall remit all monies to the state pursuant to Chapter 717 Florida Statutes, as amended from time to time, and any other applicable statutes, as amended from time to time. (Code XXXX, §XXX; Ord. No. XXXXX, §X,XXX TREE CITY USA STANDARD 3 WORKSHEET Community: Year: Number of trees planted Number of trees pruned Number of trees removed Please provide the following financial information about your community forestry program: Tree Planting and Initial Care Include cost of tree purchases, labor and equipment for planting, planting materials, stakes, wrapping, watering, mulching, competition control, etc. $ Community Forest Management Include pruning, public education, professional training, memberships, salaries, street and park tree inventory, pest management, fertilization, watering, etc. (Line clearance per se is not tree maintenance. Utility trimming expenses are allowed only if the utility is a partner in the city's tree program and has implemented a tree planting program and proper pruning methods as recommended in the Tree Line USA program.) $ Tree Removals Include cost of saws and equipment, supplies, and labor. $ Volunteer Time Value of volunteer labor and other contributions from civic organizations. $ Other Include any other expenses not already mentioned. Briefly describe. TOTAL COMMUNITY FORESTRY EXPENDITURES $ COMMUNITY POPULATION (To qualify for Tree City USA total expenditures must be at least twice population. Transfer these two numbers to Standard 3 on application and attach this sheet to application. Sample City Tree Ordinance Check List Section 1: Definitions Section 2: Creation and Establishment of City Tree Board Section 3: Term of Office Section 4: Compensation Section 5: Duties and Responsibilities Section 6: Operation Section 7: Street Tree Species to be Planted Section 8: Spacing Section 9: Distance from Curb and Sidewalk Section 10: Distance from Street Corners and Fireplugs Section 11: Utilities Section 12: Public Tree Care Section 13: Tree Topping Section 14: Pruning, Corner Clearance Section 15: Dead or Diseased Tree Removal on Private Property Section 16: Removal of Stumps Section 17: Interference with City Tree Board Section 18: Arborists License and Bond Section 19: Review by City Commission Section 20: Penalty Sample City Tree Ordinance Check List Section 1: Definitions Section 2: Creation and Establishment of City Tree Board Section 3: Term of Office Section 4: Compensation Section 5: Duties and Responsibilities Section 6: Operation Section 7: Street Tree Species to be Planted Section 8: Spacing Section 9: Distance from Curb and Sidewalk Section 10: Distance from Street Corners and Fireplugs Section 11: Utilities Section 12: Public Tree Care Section 13: Tree Topping Section 14: Pruning, Corner Clearance Section 15: Dead or Diseased Tree Removal on Private Property Section 16: Removal of Stumps Section 17: Interference with City Tree Board Section 18: Arborists License and Bond Section 19: Review by City Commission Section 20: Penalty The following expenses for public tree care(street,park,cemetery) may be counted in meeting the$2 per capita requirement for Standard 3: • city workers' salaries (or percentage thereof if tree care is only a portion of their job) • contract work • tree board salary(most are volunteer, some are paid) • tree purchases • watering • fertilizing • insect control • staking • mulching • dead tree removal • stump removal • pruning by city employees • leaf and brush pick-up • biomass recycling • survey or inventory expenses • computer inventory software • equipment purchases • equipment rental • equipment maintenance • Arbor Day program • prizes for Arbor Day contests • tree care conferences and workshops attended by city workers • memberships in and donations to tree organizations • public education materials—brochures, newsletters, etc. • administrative time • insurance (grant monies expended for any of these items may be counted) Page 1 of 1 Kathy Phillips From: Starex Smith Sent: Thursday, January 21, 2010 5:12 PM To: Kathy Phillips; City_Manager Subject: Zora Neale Hurston Festival (January Greetings, The following students are attending the Zora Neale Hurston Festival in Orlando, FL on January 22-24. These youth have earned their place on this trip form attending the C.O.O.L TEENS Program regularly, volunteering in City events, and maintaining the required G.P.A. Mr. Gerald Nieves-Caro, Counselor I and Patrice Matthews, Counselor I will be supervising this trip under the supervision of myself. There emergency contact information is located with Ms. Sheriene Bullock, Administrative Assistant. 1. Santanta Hunter 2. Gerald Graham 3. Antonio Hodgson 4. Gregory Hollinger 5. Kevin James 6. Isaiah Jones 7. Ryan Mayes 8. Dikari Williams 9. Stephany Campos 10. Kendia Aikens 11. Curtina Jenkins Please find the hotel information below: Sheraton Vistana Resort 8800 Vistana Centre Drive -Orlando, Florida 32821-6353, United States Phone 407 239 3100- Fax 407 239 3111 -Announcements Starex Smith Director of Parks and Recreation City of Opa-locka 780 Fisherman Street Opa-locka, FL 33054 (305) 953-2821 Office (305) 953-2870 Fax (786) 256-7363 Cell "The Great City" From: Gerald Nieves-Caro Sent: Thursday, January 21, 2010 5:00 PM To: Starex Smith Subject: list of kids going Santanta Hunter, Gerald Graham, Antonio Hodgson, Gregory Hollinger, Kevin James, Isaiah Jones, Ryan Mayes, Jordan Sweeting, Dikari Williams, Stephany Campos, Kendia Aikens, Curtina Jenkins 1/22/2010 Page 1 of 1 Kathy Phillips From: Kathy Phillips Sent: Friday, January 22, 2010 9:14 AM To: Joseph Geller Cc: Francine Williams Subject: FW: City of Opa-locka, Agenda Items Tree Ordinance Attachments: sample-expenditure-sheet.pdf; sample-tree-ordinance-checklist.pdf; standard-3- worksheet.pdf; City of Opa-locka Tree Ordinance.doc; Agenda Item Tree Ordinance.doc Mr. Geller: Yesterday you discussed the attached Tree Ordinance request with Mr. Patterson, City Manager for inclusion on the 01/27/10 Commission agenda. The electronic copy is for your files. Thank you, Kathy From: Charmaine Parchment Sent: Thursday, January 21, 2010 5:11 PM To: Kathy Phillips Cc: Octavien Spanner; Gerald J. Lee Subject: Agenda Items Hello Kathy, Enclosed Charmaine Parchment, Grant Writer City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Ph: (305) 953-2868 ext 1209 Fax: (305) 953-2900 email: cparchment @Opalockafl.gov 1/22/2010 Page 1 of 1 Kathy Phillips From: Kathy Phillips Sent: Friday, January 22, 2010 9:21 AM To: 'Joseph Geller' Cc: Francine Williams Subject: FW:City of Opa-locka, Agenda Item -2010 Forestry Grant Application Importance: High Attachments: 2010 ARRA TREE GRANT GUIDANCE.pdf; Agenda Item Request FY 2010 ARRA Urban Forestry Program.doc Mr. Geller: Yesterday you discussed the attached 2010 ARRA Urban Forestry Grant Application request with Mr. Patterson, City Manager for inclusion on the 01/27/10 Commission agenda. The attached copy is for your files. Thank you, Kathy From: Charmaine Parchment Sent: Thursday, January 21, 2010 5:13 PM To: Kathy Phillips Cc: Octavien Spanner; Gerald J. Lee Subject: Agenda item for application for 2010 Forestry Grant Enclosed Charmaine Parchment, Grant Writer City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 Ph: (305) 953-2868 ext 1209 Fax: (305) 953-2900 email: cparchment @Opalockaf1.gov 1/22/2010 THE MIAMI HERALD 1 MiamiHerald.com SUNDAY,FEBRUARY 14,2010 I 23ND LoongNOTICE TO THE PUBLIC NOTICE TO THE PUBLIC for the CITY OF OPA-LOCKA,FLORIDA PLANNING COUNCIL MEETING 9 NOTICE IS HEREBY GIVEN that at the Regular Commission Meeting NOTICE IS HEREBY GIVEN that the City of Opa-locka Planning Council will meet in Special Session on TUESDAY MARCH 02,2010 in the City Commission Chambers,777 Sharazad Boulevard,Opa-locks,Florida.33054 at 7:00 P.M. Right on Wednesday,February 24,2010 at 7:00 p.m.in the City Commission N °, PUBLIC HEARINGS V 10 m Chambers,777 Sharazad Boulevard,the City Commission will consider the O N 1. OWNER'S NAME AND ADDRESS: BRACUSA WEST COAST,LLC.4300 SW 74 AVENUE,MIAMI, c following item for final adoption: FL 33155-4.106 4C N ti. SECOND READING ORDINANCE/PUBLIC HEARING: PROPERTY ADDRESS: NW 143 STREET RIGHT OF WAY 0 Z O w AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, APPLICANTS NAME AND ADDRESS: MARILI GANCIO,1395 BRICKELL AVENUE,14*•FL MIAMI, U. " ? FLORIDA, CREATING A NEW SECTION (ORDINANCE 86-8,ARTICLE 7, FL 33131 0 u i. SECTION 7.5) ENTITLED TREE PROTECTION PROGRAM; SPECIFYING Legal Description: All of Lot 1,and the Westerly 25 feet of lot 2,Block 223 of Glades Gardens d N INTENT;DESIGNATING AUTHORITY TO SUPERVISE;ENFORCE,MODIFY AND Subdivision,according to the plat thereof,as recorded in Plat Book 21,Page 6,of the Public records of d Miami-Dade,Florida t) (A - SUPPLEMENT;PROVIDING DEFINITIONS;ESTABLISHING TREE PLANTING Fore Number: 08-2122-012-0131 ZONE I-1 ° STANDARDS;SPECIFYING TREE PRUNING STANDARDS;PROVIDING TREE y Request: Vacation of a street right-of-way for the segment of NW 143 Street between the West � e REMOVAL STANDARDS;PROHIBITING TREE ABUSE;DESCRIBING PUBLIC riht f-way line along the water's edge and the East right-of-way line of NW 17 Avenue rV . PROPERTY PLANTING AND MAINTENANCE STANDARDS;APPLICABILITY TO 2. OWNER'S NAME:THE CHANCERY,ARCHDIOCESE OF MIAMI,9401 BISCAYNE BOULEVARD MIAMI, Turn to UTILITYCOMPANIES;ESTABLISHING EMERGENCYPROVISIONS;DESIGNATING FL 33130-2970 E i m • is ENFORCEMENT;PROVIDING FOR CONFLICT;PROVIDING FOR SEVERABILITY, PROPERTY ADDRESS: 13401 NW 28 AVENUE,OPA-LOCKA,FL 33054 m w 'a = Employment REPEALER AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE APPLICANTS NAME AND ADDRESS: FLORIDA INTERNATIONAL ACADEMY/MG3 DEVELOPERS c p -� (first reading held on January 27,2010).Sponsored by C.M. GROUP, LLC. 1915 HARRISON STREET, HOLLYWOOD u 'al $ ads in Adddional information and/or copes relating to the above item may be obtained In FL 33138 3 Q to a c the Office of the City Clerk,780 Fisherman Street,4.Floor,Opa-locka,Florida.All Legal Description: Tract A less S 311.14 FT thereof;East View Gardens AMD PL;PB 58-59;Lots r((I�QQ ((�� interested persons are encouraged to attend this meeting and will be heard with Size 280,054 sq ft.,8 acres •E C a ree Cb IIIId UC respect tothe public hearing. Foto Number: 08-2128-012-0010 ZONE:R-4 ii PURSUANT TO FE 286.0105:Anyone who desires to appeal any decision made by Request: Operate a charter school for 764 students from grades Kindergarten to-0•'. ill the Miami Herald any board,agency,or commission with respect to any matter considered at such For further information on the above listed items,please contact the Planning and Community Development p p $_ meeting or hearing will need a record of the proceedings,and for that reason,may Department®(305)953-2868 erzt.1503. N '.1 $ and online:1 need to ensure that a verbatim record of the proceedings is made,which record pursuant to Chapter 288.0105:Anyone who desires to appeal any decision made by any board,agency, M Pi o• 3 IvllamIHeral(I.C011ti careerlIDdde( includes the testimony and evidence upon which the appeal may be based. or commission with respect to any matter considered at such meeting or hearing will need a record of the tot a •0 — DEBORAH S.IRBY,CMC proceedings,and for that reason,may need to ensure that a verbatim record of the proceetlings is wade,which co co ITY CLERK N CO m n record inclutles the testirtwny and evidence upon which the appeal is to he based. L. • UPPER KEYS ROTARY CLUB 15" Become a leader! Liz ai = ANNUAL .. ~ o Gigantic Nautical Attend an Information Session z . � o 'O y N p �. Q c U FLEA mARKItera If discover h have you Bachelor's degree, how you can make a difference! • No teaching experience required O 8 Earn your certificate without quitting your job FOUNDER'S PARK•• US I -MM 87 BAYSIDE•• ISLAMORADA `a • Apply for a full program scholarship tTI O and a$1,000 stipend -- SATURDAY & SUNDAY -;Tzraay a�+w -rn �w's3 ;� �:� y . �'" �.. r �p°tAn `xuu �R,St?'-Fmt t��f a '#rS?7 cm FEB 20 & 21 : ,. �- N ` � TheReporter hL.„.!•.R•aarf • �E ; ��•^s fsi�"�"�{t°” �, ' xal `" CJ Oa Svl •8ty-5PM St�•9An1 3rn1 , � f � lin r ,;,r a O rn u8, h::n,llu B •F xr,lhf Fr: r, ( , -,uu '� E .4.r c g •I. H�nr-,,.Lr,-„�l L.� •.Ill H"�:! Ol r lll„n M ...- `''0 °`. �,,. v1r; 1ui nl Ua i i�� 1 R46s,'r `U a �lt� 0� •77RR e ifikn,•Ifrni tC ”- REESxurnreorx�Ays Sessions are FREE and open to the public! itiJ V a FROM CORAL SHORES RICH 5111001 MM 90 • ; ?- -< .» r To register or for more details visit y 14 t Korary is serving orida K s www.abcte.org/inspire or call 877-669-2228- s T, ":"' 4, BREAKFAST both days W a T i - <r All You can Eat for'S &Keyu7/:r. AMERICAN BOARD ', , `- MORE INFO:305-712-1818 www-GiganticNauticalFleaMarket.org certltiratlon Teacher E rename At.i..rAANI Page 1 of 1 Joanna Flores From: Deborah Irby Sent: Monday, May 17, 2010 10:11 AM To: Joanna Flores Subject: FW: supplement 54 Joanna, please take care of this? Let me know if you have questions. Deborah 5. Irby, C, 'fC City Clerk/Supervisor of Elections City of Opa-locka 780 Fisherman Street, 4th Floor Opa-locka, FL 33054 Office: 305-953-2802 Fax: 305-953-2834 Cell: 786-412-1055 Email: dirbyCopalockafl.go_v From: Susan Andrews [mailto:SAndrews @municode.com] Sent: Thursday, May 13, 2010 8:47 AM To: Deborah Irby Subject: supplement 54 Good morning! After going over your ordinances, I have several questions: 1. 10-03 (tree • • -.tion and conservation) places this new section under article 7 (wireless communications). I think a n- , . : ould better serve your purposes and allow for growth of this subject. A new chapter could wo , ••. ould cost a bit more. 2. 10-04, section 2b renumbers section 2-45 items 10-16. Do you want to renumber existing 17 through 21 also?Also in this ordinance,there are references to sections XXXXX of the land development code. Do you just want to reference the land development code or can you give me those section numbers? Take a look and see if I'm not interpreting this as you intended. As always,thank you for your help on this. Susan Andrews Supplement Editor Municipal Code Corp. 1-800-262-2633 ext.227 Fax: 850-575-8852 sandrews @municode.com 5/19/2010