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:
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(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
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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.
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(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
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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:
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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
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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
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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
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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
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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
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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.
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(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
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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.
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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.
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(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.
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(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.
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(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.
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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