Loading...
HomeMy Public PortalAbout13-38 Tree Protection Program 1st Reading: 11/13/2013 2nd Reading: 12/11/2013 Public Hearing: 12/11/2013 Adopted: 12/11/2013 Effective Date: 12/12/2013 Sponsor: City Manager ORDINANCE NO. 13-38 AN ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 10-03, WHICH CREATED A NEW SECTION (ORDINANCE NO. 86-8, ARTICLE 7, SECTION 7.5) 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 INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka City Commission adopted tree ordinance 10- 03 to assist in the planting and protection of trees; and WHEREAS, the Tree Ordinance created Article 7, Section 7.5 - Tree Protection Program; and WHEREAS, the City of Opa-locka established a Community Forestry Program; and WHEREAS, the City of Opa-locka seeks to amend the Tree Protection Program; and WHEREAS, the Amendment to the Tree Protection Program will enhance the City of Opa-locka's goal to protect against the abuse of trees; 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. 1 Section 2. Tree Protection and Conservation. Section 7.5 of the City of Opa-locka Code of Ordinances is hereby amended to reflect the enhancements of the Tree Protection Program as follows : (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 each year and based upon published trade wholesale price lists with the appropriate multiplier representing maintenance, installation, warranty and other costs factored in, as determined an Arborist or Landscape Architect retained by the applicant and approved by the Community Development Department. (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 Opa-locka as shown on an approved Tree Permit or areas within Opa-locka which have been determined by Miami-Dade 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 2 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.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. (10) 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. (11) 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 Applicant's Arborist or Landscape Architect in tabular form,reviewed and approved by the city manager or his designee. (12) Land Clearing: The indiscriminate removal of trees, shrubs and/orundergrowth 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. (13) Landscape Manual: Document modified by the Community Development Department pursuant to Article 7 of the land development code, which provides landscape standards and a suggested guide for landscaping in accordance with this Ordinance. (14) 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 (FANN) as may be amended from time to time, and incorporated herein by reference and those listed in Article 7 of the City of Opa-locka Land Development Code. (15) 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 species), 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) Dioscorea bulbifera (Air Potato, Ficus benghalensis (Banyan Fig), Jasminum fluminense (Brizilian Jasmine), Neyraudia reynaudiana (Burma Reed), Cupaniopsis anacardioides (Carrotwood),Mimosa pigra(Catclaw Mimosa), Lygodium spp. (Climing Fern), 3 Cestrum diurnum (Day Blooming Jessamine), Jasminum dichotomum (Gold Coast Jasmine), Flacourtia indica(Governor's Plum), Colubrina asiatica(Lather Leaf), Leucaena leucocephala(Lead Tree), Ficus altissima(Lofty Fig), Hibiscus tiliaceus (Mahoe), Pennisetum purpureum (Napier Grass), Tribulus cistoides (Puncture Vine), Adenanthera pavonina(Red Sandalwood), Thespesia populnea (Seaside Mahoe), Ardisia elliptica (Shoebutton Ardisia), Solanum viarum (Tropical Soda Apple), Albizia lebbeck Woman's Tongue), Merremia tuberose (Woodrose) and which are exempt from this section, except for permit requirement as set forth herein. There shall be no cost for this permit. (16) 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 (F)herein, is not feasible (17) Prune: The removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the standards established in the USDA TREE OWNERS MANUAL. (18) 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 (41/2) 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. (19) 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 (20) 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 (21) 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. (22) Tree Relocation: To transplant a tree from one(1)location to another. (23) Tree Removal: To permanently remove the trunk and/or root system of a tree. (24) 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. 4 (25) Trim: To reduce, shorten or diminish gradually a plant or parts of a plant without altering the natural shape. (26) Upholstery: The plant life existing under a tree canopy including ferns, bushes and groundcovers. (27) 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 this Ordinance, section 21 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 community development 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. 5 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 Community Development 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 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. 6 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 Opa-locka 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 this Ordinance, 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 7 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 irreparably 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,Article 7, 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 this ordinance. (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 Community Development 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 this ordinance are being preserved to the maximum extent possible in the design of the improvement and that any of the following conditions exist: 8 (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 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: (e) 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. 9 (f) Within multifamily development, trees within the building pad defined herein shall be replaced on a tree-for-tree basis. (g) 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. (tree planting agreement needed) 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 10 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 Opa-locka department of finance, which shall cause the same to be credited to the trust. (5) Disbursal ofAssets (a) Expenditures of over five thousand dollars ($5,000.00) shall require approval of the city commission of the City of Opa-locka. (b) The city commission of the City of Opa-locka 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 11 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. 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 the community development department 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. 12 (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. (in accordance with the approved permit) (a) Standards where permitted. The standards for pruning as established by the American National Standards Institute (ANSI A-300) and as outlined in the USDA landscape manual shall be utilized in the pruning of trees within the City of Opa-locka. (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. 13 (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. (I) (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. 14 (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: (FDOT Trafficways Plan) NW 27th Avenue NW 135th Street NW 37th Avenue/Douglas RD NW 42nd Avenue/ LeJeune RD NW 22nd Avenue (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 15 conservation. The city, therefore, may grant variances upon the recommendation of the zoning board of appeals, from the provisions of this section upon the filing of an application with the Community Development Department. (2) Standards. A variance shall be granted by the Zoning Board of Appeals, after a public hearing, if it 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 Community Development Department, it shall be placed on the agenda of the zoning board of appeals at the next available meeting. 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 zoning board of appeals as a public hearing item. The public shall be given notice of each hearing according to the procedure outlined in section 4.13 D of the land development code.The decision of the zoning board of appeals shall be final. 16 (4)Procedure Before the Zoning Board of Appeals (a) Upon public hearing, the zoning board of appeals 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 final decision 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 decision of zoning board shall be final. 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. 17 (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. *********** 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. 18 Section 6.The ordinance shall, upon adoption,be codified in the City of Opa-locka Code of Ordinances. PASSED AND ADOPTED this 116 day of December,2013. ��' Amide- f MY' • TAYLOR MAYOR Attest to: 44 4 . 4tACKJ.-- Joa' a Flores Ci Clerk Approved as to fo n a� lega s . I #1AFr ' ENSP DON ARDER PA ity Attorney f t Moved by: COM ' SIONER HOLMES Seconded by: VICE 1 AYOR KELLEY Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 19 MIAMI HERALD I MiamiHerald.com ND SUNDAY,DECEMBER 1,2013 I 7ND LA r{` CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at its Regular Commission Meeting on Wednesday, December 11,2013 at 7:00 p.m.in the City Commission Chambers at Sherbondy Village,215 Perviz Avenue,Opa-locka,Florida to consider the following items: SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 10-03, WHICH CREATED A NEW SECTION(ORDINANCE NO.86-8,ARTICLE 7,SECTION 7.5)TREE PROTECTION PROGRAM;SPECIFYING INTENT;DESIGNATING AUTHORITY TO SUPERVISE; ENFORCE;MODIFY AND SUPPLEMENT;PROVIDING DEFINITIONS;ESTABLISHING TREE PLANNING 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 INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 13, 2013). Sponsored by C.M. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO CREATE AN ORDINANCE PROHIBITING IMPROPER SOLICITATION ON CITY STREETS AND PROPERTY IN ACCORDANCE WITH PROVISIONS, SIMILAR TO FLORIDA STATUTE 337.406; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 13,2013).Sponsored by D.J. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA PROVIDING FOR THE ISSUANCE,IN ONE OR MORE SERIES,OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION,OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT,BUT SHALL BE SECURED BY AND PAYABLE FROM PLEDGED FUNDS CONSISTING OF(I)THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A PUBLIC SERVICE TAX AND(II)THE COMMUNICATIONS SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A COMMUNICATIONS SERVICES TAX; PROVIDING FOR THE ISSUANCE OF THE FIRST SERIES OF SUCH OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS($8,500,000),TO BE DESIGNATED AS THE CITY OF OPA-LOCKA,FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2013,FOR THE PRINCIPAL PURPOSE OF PROVIDING FUNDS,TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO FINANCE THE COST OF ACQUISITION OF A SITE WITHIN THE CITY AND THE ACQUISITION,CONSTRUCTION,IMPROVEMENT AND EQUIPPING OF A CITY ADMINISTRATION BUILDING AND RELATED FACILITIES ON SUCH SITE, ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE;PROVIDING FOR THE ISSUANCE OF ADDITIONAL OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS;PROVIDING FOR THE CREATION OF CERTAIN FUNDS AND ACCOUNTS;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE (first reading held on November 26,2013).Sponsored by C.M. 4. A SERIES ORDINANCE OF THE CITY COMMISSION OF THE CfTY OF OPA-LOCKA,FLORIDA PROVIDING FOR THE ISSUANCE,PURSUANT TO AN ORDINANCE OF THE CITY PREVIOUSLY ENACTED,OF OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000),TO BE DESIGNATED AS THE CITY OF OPA-LOCKA,FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2013,FOR THE PURPOSE OF PROVIDING FUNDS,TOGETHER WITH OTHER AVAILABLE FUNDS,TO FINANCE THE COST OF ACQUISITION OF A SITE WITHIN THE CITY AND THE ACQUISITION,CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF A CITY ADMINISTRATION BUILDING AND RELATED FACILITIES ON SUCH SITE,FUNDING A RESERVE ACCOUNT FOR THE SERIES 2013 NOTE,IF DEEMED NECESSARY,AS PROVIDED HEREIN,AND PAYING COSTS OF ISSUANCE OF THE SERIES 2013 NOTE;PROVIDING FOR THE TERMS AND PAYMENT OF SUCH SERIES 2013 NOTE;PROVIDING FOR THE RIGHTS,SECURITY AND REMEDIES OF THE LENDER WITH RESPECT THERETO;MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;DESIGNATING A REGISTRAR AND PAYING AGENT FOR THE SERIES 2013 NOTE;DELEGATING AUTHORITY TO THE CITY MANAGER, IN CONSULTATION WITH THE CITY'S FINANCIAL ADVISOR,TO SELECT A QUALIFIED FINANCIAL INSTITUTION PURSUANT TO A COMPETITIVE PROPOSAL PROCESS TO MAKE A LOAN TO THE CITY EVIDENCED BY THE SERIES 2013 NOTE,SUBJECT TO CERTAIN PARAMETERS AND OTHER MATTERS SET FORTH IN THIS SERIES ORDINANCE;AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH THE LENDER TO SET FORTH ADDITIONAL COVENANTS OF THE CITY AND MATTERS RELATING TO THE SERIES 2013 NOTE AS MAY BE REQUIRED BY THE LENDER;AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE,SALE AND DELIVERY OF THE SERIES 2013 NOTE;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE(first reading held on November 26,2013).Sponsored by C.M. Additional information on the above items may be obtained in the Office of the City Clerk,3400 NW 135t Street,Bldg.B,Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal may be based. JOANNA FLORES,CMC CITY CLERK PP OCR O Q y ''qpO RAt E�/ City of Opa-Iocka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: 11/13/2013 (EnterX in box) X Yes No Ordinance Reading: 1st Reading 2nd Reading Fiscal Impact: (Enter Xin box) X X X Public Hearing: Yes No Yes No (EnterX in box) X X Funding Source: (N/A) Advertising Requirement: Yes No N/A (EnterX in box) X Contract/P.O. Required: Yes No (Enter Xin box) X RFP/RFQ/Bid#: N/A Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Enhance Organizational 0 N/A Strategic Plan Related Bus.&Economic Dev (EnterXin box) X Public Safety Quality of Education Qual. of Life&City Image • Communication Sponsor Name City Manager Department: Community Development Short Title: Request the Opa-locka City Commission amend Ordinance No. 10-03 to include the following: specifying intent; designating authority to supervise;enforce, modify and supplement; providing definitions;establishing tree planting standards; and specifying tree pruning standards; providing for tree removal standards; prohibiting tree abuse;describing public property planting and maintenance standards; applicability to provisions; designating enforcement;authorizing the creation of a tree board; providing for conflict; providing for severability, providing for repealer, and codification; providing for an effective date. Staff Summary On February 24, 2010,the Mayor and City Commission adopted Ordinance No. 10-03 which created a Tree Protection Program. The ordinance included some references that were not in the City of Opa-locka. In addition,the adopted ordinance did not adopt specific references needed in order to qualify as a condition to receive Tree City USA designation. The following is a summary of changes staff is recommending: • All references to the City of Coral Springs be changed to state"City of Opa-locka" Tree Protection Ordinance Amendments 1 • The fair market value for trees to be determined by an Arborist or Landscape Architect retained by the applicant and approved by the city,specifically the Community Development Department. • Current ordinance include additional nuisance trees as outlined by Miami-Dade County • Native trees to be used also include those listed in Article 7 of the City's Land Development Code • All tree variances must go before the Zoning Board of Appeals(ZBA) instead of the City Commission • The City should establish a Tree Board. The Tree Board can be made up of citizens or tree organizations such as Citizens for a Better South Florida, etc. Boards function better if they are not composed entirely of tree professionals such as Arborists, Landscape Architects, etc. Staff recommends City Ordinance No. 10-03 be amended to incorporate certain fine-tuning changes necessary in order to properly administer the tree protection program and provide for a tree board necessary to apply for Tree City USA designation 1. Copy of Ordinance No. 10-03 2. Resolution No. 10-8011 3. Draft- Revised Tree Ordinance 4. Tree City USA Application and General Requirements Tree Protection Ordinance Amendments 2 ,0,,,„:,...e,,,,, U ~ OI n •....„ Wiz, OgoAoi�/ Memorandum TO: Mayor Myra L.Taylor Vice Mayor Joe Kelley Commissioner Timothy Holm Commissioner Dorothy Johns•n Commissioner Luis B. Santia'o / FROM: Kelvin L. Baker, Sr., City Man./ i DATE: October 31, 2013 RE: Fine Tuning Amendments to the Tree Protection Program Request: Request the Opa-locka City Commission amend Ordinance No. 10-03 to include the following: specifying intent; designating authority to supervise; enforce, modify and supplement; providing definitions; establishing tree planting standards; and specifying tree pruning standards; providing for tree removal standards; prohibiting tree abuse; describing public property planting and maintenance standards; applicability to provisions; designating enforcement; authorizing the creation of a tree board; providing for conflict; providing for severability, providing for repealer, and codification; providing for an effective date. Description: On February 24, 2010, the Mayor and City Commission adopted Ordinance No. 10-03 which created a Tree Protection Program. The ordinance included some references that were not in the City of Opa-locka. In addition, the adopted ordinance did not adopt specific references needed in order to qualify as a condition to receive Tree City USA designation. The following is a summary of changes staff is recommending: • All references to the City of Coral Springs be changed to state "City of Opa-locka" • The fair market value for trees to be determined by an Arborist or Landscape Architect retained by the applicant and approved by the city, specifically the Community Development Department. • Current ordinance include additional nuisance trees as outlined by Miami-Dade County • Native trees to be used also include those listed in Article 7 of the City's Land Development Code • All tree variances must go before the Zoning Board of Appeals (ZBA) instead of the City Commission • The City should establish a Tree Board. The Tree Board can be made up of citizens or tree organizations such as Citizens for a Better South Florida, etc. Boards function better if they are not composed entirely of tree professionals such as Arborists, Landscape Architects, etc. Financial Impact: There are no significant funds necessary to amend this ordinance other than for ordinary office expenses to copy, scan and print. Implementation Time Line: Immediately Legislative History: Ordinance No. 10-03 Resolution No. 10-8011 Recommendation(s): Staff recommends City Ordinance No. 10-03 be amended to incorporate certain fine-tuning changes necessary in order to properly administer the tree protection program and provide for a tree board necessary to apply for Tree City USA designation Attachment(s): 1. Copy of Ordinance No. 10-03 2. Resolution No. 10-8011 3. Draft- Revised Tree Ordinance 4. Tree City USA Application and General Requirements Prepared By: hi Howard W. Brown, Jr., AICP, Community Development Directs Gerald Lee, Zoning Official 1• v 2 Reading: February 21, 2010 Public Hearing: February 24, 2010 Adopted: February 21, 2010 Effective Date: February 21, 2010 ORDINANCE NO. 10-03 AN AMENDMENT TO ORDINANCE 10-03 OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, WHICH CREATEDING 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 City Commission adopted tree ordinance 10- 03 is in need of a Tree Ordinance to assist in the planting and protection of trees; and WHEREAS, the Tree Ordinance will created a new section entitled Tree Protection Program; and WHEREAS, the City of Opa-locka established a Community Forestry Program; and Whereas, the City of Opa-locka seeks to amend the Tree Protection Program; and Whereas, the City Commission shall authorize the creation of a tree board; and Whereas, the City Commission shall adopt specific references needed to qualify as a condition to receive Tree City USA designation; and Whereas, the Admendment to the Tree Protection Program will enhance the City of Opa-locka's goal to protect against the abuse of trees;: 1 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 7.5 of the City of Opa-locka Code of Ordinances is hereby created amended to reflect the enhancements of the Tree Protection Program as follows • . ! ! ! . . • . 2 (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 reso ution 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, as, determined an Arborist or Landscape Architect retained by the applicant and approved by the Community Development Department..- (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 SpringsCity of Opa-locka as shown on an approved Tree Permit or areas within Coral Spring&Opa-locka which have been determined by Broward CountyMiami-Dade 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. {1) 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 3 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 Applicant's Arborist or Landscape Architect in tabular form, reviewed and approved by the city manager or his designee_, presented to the city commission in tabular (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 modified prepared by the planning depaftineniCommunity Development Department pursuant to section )0XXArticle 7 of the land development code, which provides an illustrative interpretation of landscape standards and a suggested guide for landscaping in accordance with this Ordinance.e above (15) Map of Environmentally Sensitive Lands: Map, prepared by planning department and approved by the city commission as 4 the City of Coral Springs City of Opa-locka. (No environmentally sensitive lands identified) (Remove all) "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 (FANN)as may be amended from time to time, and incorporated herein by reference and those listed in Article 7 of the City of Opa-locka Land Development Code. (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 species), 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) Dioscorea bulbifera (Air Potato, Ficus benghalensis (Banyan Fig), Jasminum fluminense (Brizilian Jasmine), Neyraudia reynaudiana (Burma Reed), Cupaniopsis anacardioides (Carrotwood), Mimosa pigra (Catclaw Mimosa), Lygodium spp. (Climing Fern), Cestrum diurnum (Day Blooming Jessamine), Jasminum dichotomum (Gold Coast Jasmine), Flacourtia indica (Governor's Plum), Colubrina asiatica (Lather Leaf), Leucaena leucocephala (Lead Tree), Ficus altissima (Lofty Fig), Hibiscus tiliaceus (Mahoe), Pennisetum purpureum (Napier Grass), Tribulus cistoides (Puncture Vine), Adenanthera pavonina (Red Sandalwood), Thespesia populnea (Seaside Mahoe), Ardisia elliptica (Shoebutton Ardisia), Solanum viarum (Tropical Soda Apple), Albizia lebbeck Woman's Tongue), Merremia tuberose (Woodrose) 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(XF)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 the USDA TREE OWNERS MANUAL. . . . . .. . ..-. no reference to •runin. in Article 7 of 86-8 (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(41/2) 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. 5 (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. 6 _(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 this Ordinance, section 21 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 community development department), indicating the following: 7 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 plantling-depaftmefttCommunity Development 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 8 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 City of Opa-locka 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)this Ordinance, 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 9 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 destructivelyirreparably 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, Article 7, 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 10 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).this ordinance. (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 DepartmentCommunity Development 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)this ordinance 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 11 I 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. 12 (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. (tree planting agreement needed) 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. (Account must be established) (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. 13 (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 City of Opa-locka department of finance, which shall cause the same to be credited to the trust. (5) Disbursal of Assets (a) Expenditures of over tenfive thousand dollars ($5,000.00) shall require approval of the city commission of the City of Coral Springs City of Opa- locka. (b) The city commission of the City of Coral Springs City of Opa-locka 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. 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 14 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-the community development department 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. 15 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. (in accordance with the approved permit) (a) Standards where permitted. The standards for pruning as established by the American National Standards Institute (ANSI A-300) and as outlined in the USDA landscape manual shall be utilized in the pruning of trees within the City of Coral SpringaCity of Opa-locka. (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. 16 • (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. 17 (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: (FDOT Trafficways Plan) 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 of appeals, from the provisions of this section upon the filing of an application with the planning depar-inieniCommunity Development Department. 18 (2)Standards. A variance shall be granted if the city commissionby the Zoning Board of Appeals, 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 depaftmentCommunity Development Department, it shall be placed on the agenda of the zoning board of appeals at the next available meeting. - - - e _ .• — • - . 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 of appeals as a public hearing item. The public shall be given notice of each hearing according to the procedure outlined in section 4.13 D 127 of the land development code. The recommendation decision of the planning and zoning board of appeals the item shall be final. (4)Procedure Before the Zoning Board of Appeals- (a) Upon public hearing, the zoning board of appeals 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. 19 (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 final decision 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 decision of the planning and zoning board shall be placed-en the agenda of the city commission no later than thirty(30) days after the board's actionfinal. (5) Procedure before the City Commission. (a) Upon public hearing, the city commission shall first hear the recommendation of board as to the tree variance application in question. Next,the commission shall receive the public for comments from all interested citizens. (b) In making its presentation the petitioner must assume the burden of demonstrating to required by subsection(2)for tree variance approval. (s) 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. (I) Any citizen may appeal any decision of the city manager or his designee in the thirty(30)days after the date of decision, a written notice of appeal with the city manager. Y. ._ 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. 20 "M I (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 eity 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 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. LN) 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 21 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. Ce tracters to pest bend-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 public or private property which was caused by the construction. (b) For those builders constructing multiple units, dwelling or commercial, there . .. !. .. 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 dollars($1,000.00)from any one person,natural or corporate. 22 • (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) M ake diligent inquiry as to the location of the individual and/or corporation so as to effect a proper refund, and 14 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 4.All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. 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 6.The ordinance shall become effective in the manner provided by law. Section 7.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. 23 HE MIAMI HERALD SUNDAY,FEBRUARY 14,20101 23ND 410 NOTICE TO THE PUBLIC CIT'�Qrly,�y��-La�•t{, ,YticiRIDA PLANNING COUNCIL MEETING V VI li�W �LVEC NOTICE IS HEREBY GIVEN that at the Regular Commission NOTICE 02,IS HEREBY GIVEN that the City of Chambers, Planning Boulevard,will meet in,Florid Session al TUESDAY. MARCH LI 0H,ARI in the City Commission Chanbas,777 Sharazatl Boulevard,Opa-locks,Florida,,33054 at 7:00 P.M. E Meeting on Wednesday. February 24, 2010 at T.00 p.m. in the City PUBLIC HEARINGS b g } Commission Chambers,777 Sharazad Boulevard,the City Commission will 1. OWNER'S NAME AND ADDRESS:BRACUSA WEST COAST,LLC.4300 SW 74 AVENUE,MIAMI,FL mu o consider the following dem for final adoption: 33155-4406, a t IB g II l I ICI ,a PROPERTY ADDRESS:NW 143 STREET RIGHT OF WAY O G '.� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA{OCKq APPLICANTS NAME AND ADDRESS:MARILI CANCIO,1395 BRICKELL AVENUE,14..FL MIAMI,FL 33131 O re } w RORIDA,CREATING A NEW SECTION(ORDINANCE 868,ARTICLE 7,SECTION Legal Description:At of Lot 1,and the Westerly 25 feet of lot 2,Black 223 of Glades Gardens ? 7.5) ENTITLED TREE PROTECTION PROGRAM; SPECIFYING INTENT; Subdivision,according to the plat thereof,as recorded in Plat Book 21,Page 6,of the Public records of d Job? DESIGNATING AUTHORITY TO SUPERVISE; ENFORCE MODIFY AND Miami-Dade,Florida Si e U SUPPLEMENT; PROVIDING DEFINITIONS; ESTABLISHING TREE PUNTING Folio Number.00-2122-012-0131 ZONE:1-1 STANDARDS;SPECIFYING TREE PRUNING STANDARDS;PROVIDING THE Request: Vacation of a street right-of-way for the segment of NW 143 Street between the West -B REMOVAL STANDARDS; PROHIBITING TREE ABUSE DESCRIBING PUBLIC right-of-way line along the waters edge and the East right-of-way hne of NW 17 Avenue N 'i T {,, PROPERTY PLANTING AND MAINTENANCE STANDARDS;APPUCABIUTY TO 2. OWNER'S NAME:THE CHANCERY,ARCHDIOCESE OF MIAMI,9401 BISCAYNE BOULEVARD MIAMI, . v I Lip U UTILTYCOM PAN INS;ESTABLISHING BA ERGEN CY PROVISIONS;DESIGNATING FL 33138-2970 C • e ENFORCEMENT;PROVIDING FOR CONFLICT;PROVIDING FOR SEVERABIUTY, PROPERTY ADDRESS:13401 NW 28 AVENUE,OPA-LOCKA,FL 33054 y a C I En-OM-1131i I REPEALER AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(fret APPLICANTS NAME AND ADDRESS: FLORIDA INTERNATIONAL ACADEMY/MG3 _ 5' —'T""',•• Ieadrlghdldon.latliey 27.2010). by C.M. DEVELOPERS GROUP, LLC. 1915 HARRISON STREET, j HOLLYWOOD FL 33138 N 9 d m � Atldtiorae iofmnatim and/or copies relating men St me oboe item may be obtained in Legal Description:Tract A less 5 311.14 FT thereof;East Mew Gardens AMD PL;PB 58-59;Lots 4 O i me mbai a me al'Daly 780 Flsheman Sheet,4.Poor,O will be,Florida.tla.All Size 260,054 sq ft.,6 acres inspectto persons Be ermirdged to attend this meeting and will be hand with careerbudder respect to the plc hearing Folio Number:08-2128-012-0010 ZONE R-4 E Request: Operate a charter school for 764 students from grades Kindergarten to-9.'. PURSUANT TO FS 286.0105:Anyone who desres In appeal any decision made by aiy board,agency,an commission with respect to any meta core/cis-el at sub For father information on the above listed items,please contact the Planning and Community Development S m The MIarntHereld m eti,g an hearing will read a rand at the praceedn ,and for that realm,may Department 417(305)953-2868 ext.1503. 5 and online el need to erase that a vahabn mooed of the ptvice ircy s made,which record Pursuant to Chapter 286.0105:Anyone who desires to appeal any decision made by any board,agency, t9 c•i irddei the testimarry and eide��pon nitN the appeal may be based. or commission with respect to any matter considered at such meeting or hearing will need a record of the r) q g MiathiHelald comtiareerhimder 0 g"' DEBORAH 5�, proceedings,and for that mason,may need to ensure that a verbatim record of the proceedings is made,which Er X- l`^ awaetK become a i • z 'ii+Y UPPER KEYS ROTARY CLUB ANNUAL eac4erf E Its '''` Gigantic Nautical Attend an Information Session 0 N o S FLEA MARKET' ,, .• • ®g FOUNDER'S PARK•US I-MM 87 BAYSIDE•ISLAMORADA Co • ; SATURDAY&SUNDAl- FFR 9n R. 91 I TheReporter I,I:L-R=f i, at I tI 0.0 O• 771• ,.9 .�' rm -e .� .S ®2 • IV"' CV I .illif 4ii Ad Ile CVs' ;t[. 4.,,7. a- ds y' 1 a _ _ _ ,4M Rotary:sserving Hoflda ` .�w - _ .t' BREAKFAST both days' Keys ilk r I All You Can Eat furl' kilo,,\/oct t MORE INFO:305-712-1818 www.Gild enticNauticalFlca\tarkrt.urs Jr. <40111! 1 -_ Tree City USA Standards at arborday.org Page 1 of 3 A boo DayFOUridad0n- We inspire people to plant,nurture,and celebrate tregs.cart • wish list • sign in • Home • Trees • Membership • Programs • Media • Arbor Day Farm • Lied Lodge • Shop • Take Action • Contact Us I7 n . i l You are here: Home Programs Tree City USA— Standards A Tree Board or Department Tree City USA Standards 1) A Tree Board or Department Someone 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 department,or a volunteer tree board. Often,both a professional staff and advisory tree board are 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.Balanced, broad-based community involvement is encouraged. Boards function best if not composed entirely of tree-related professionals such as forestry professors,nursery operators,arborists, etc.Fresh ideas and different perspectives are added by citizens with an interest in trees that is entirely avocational.Limited,staggered terms of service will prevent stagnation or burnout, while at the same time assuring continuity. The Four Standards of Tree City USA 1. A Tree Board or Department 2. A Tree Care Ordinance 3. A Community Forestry Program With an Annual Budget of at Least$2 Per Capita /o+artrinrrio •Cm7rIatail=1 ROO/1M Tree City USA Standards at arborday.org Page 1 of 2 a Arbor l aFoundation We inspire people to plant.nurture,and celebrate trea,s.cart • wish list • sign in • Home • Trees • Membership • Programs • Media • Arbor Day Farm • Lied Lodge • Shop • Take Action • Contact Us . C � -.. tt, 1 You are here: Home—.Programs—.Tree City USA—.Standards—.A Tree Care Ordinance Tree City USA Standards 2) A Tree Care Ordinance 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. Beyond that,the ordinance should be flexible enough to fit the needs and circumstances of the particular community. 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. For tips and a checklist of important items to consider in writing or improving a tree ordinance,see Bulletin No.9. You can find a sample tree care ordinance at the International Society of Arboriculture. The Four Standards of Tree City USA i. A Tree Board or Department 2. A Tree Care Ordinance 3. A Community Forestry Program With an AnnualBudget of at Least $2 Per Capita 4. An Arbor Day Observance and Proclamation 1,tfw.•//tininsr .rl.nrt '1 nra irtrnarqrrle ItrppritAmeaIQtAY1dartiQ efrn?dptcl1=9 R/OA/71)11 .Tree City USA Standards at arborday.org Page 1 of 3 Q Arbor Day Foundation We inspire people to plant,nurture,and celebrate treQs.cart • wish list • sign in • Home • Trees • Membership • Programs • Media • Arbor Day Farm • Lied Lodge • Shop • Take Action • Contact Us You are here: Home—+Programs--.Tree City USA—.Standards— A Community Forestry Program With an Annual Budget of at Least$2 Per Capita Tree City USA Standards 3) A Community Forestry Program With an AnnualBudget 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.At first,this may seem like an impossible barrier to some communities. However,a little investigation usually reveals that more than this amount is already being spent by the municipality on its trees.If not,this may signal serious neglect that will cost far more in the long run.In such a case,working toward Tree City USA recognition can be used to re-examine the community's budget priorities and re- direct funds to properly care for its tree resource before it is too late. Ideally,this standard will be met by focusing funding on an annual work plan developed after an inventory is completed and a report is approved by the city council. Such a plan will address species diversity,planting needs,hazardous trees,insect and disease problems and a pattern of regular care such as pruning and watering. The Four Standards of Tree City USA 1. A Tree Board or Department 2. A Tree Care Ordinance u++r,•//....t.... 1..\r.1.,..r.•r./.err.r'romo /etan arfl e rfm 7rIa+ 1=1 52/74/7n1 1 TREE CITY USA Application Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY I NNA award is in recognition of work completed by the community during the calendar year. Please provide information for the year ending. (Some states require inliermation in addition to the requested on this application.Check with your state foresters.) As of the community of ITitie Mayor or other city official} I herewith make application for this community to be officially recognized and designated as a Tree City USA For , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1:A Tree Board or Department List date of establishment of board,board members,and meeting dates for the past year;or name of city department and manager. Standard 2:A Community Tree Ordinance Date ordinance established Attach ordinance. Standard 3:A Community Forestry Program with an Annual Budget of at Least$2 Per Capita Total community forestry expenditures $ Community population Attach annual work plan outlining the work carried out during the past year. Attach breakdown of community forestry expenditures. Standard 4:An Arbor Day Observance and Proclamation Date observance was held Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Title Date Please type or print the fbilowing: Mayor or equivalent: City Forestry Contact: Name: Name: Title: Title: Address: Address: City.State,Zip: City,State,Zip: Phone #: Phone#: Email: Email: NOTE:Application will not be processed without attachments. Certification (To Be Completed By The State Forester) (Community) The above named community has made formal application to this office.I am pleased to advise you that we reviewed the application and have concluded that,based on the information contained herein,said community is eligible to be recognized and designated as a Tree City USA,for the calendar year,having in my opinion met the four standards of achievement in urban forestry. Signed _ State Forester Date Person in State Forester's Office who should receive recognition material: Name: UPS Address:. Title: City,State,Zip:, Agency: PH# Email: Owen Carney From: Citizens for a Better South Florida [info @abettersouthflorida.org] Sent: Thursday, August 22, 2013 9:41 AM To: Owen Carney Subject: Saturday September 28, An Evening in the Garden Having trouble viewing this email? Click here CITIZENS FOR A BETTER SOUTH FLORIDA PRESENTS f r • An I vening in tie Garden SATURDAY, SEPTEMBER 28TH, 2013 Miami Beach Botanical Garden $50 Member, $60 Non-Member, $25 Children 1 Contact: .,,, ,r err, S. .. t � 3 Gloria Alejandra Antia ``h . • http://www.abettersouthflorida.org info@abettersouthflorida.org . ; 305-648-0000 r >;i • ; s.,t When: Saturday, September 28, 2013 photo from: www.mbgarden.orq 6:00 PM to 8:00 PM Your event ticket includes: Where: The Miami Beach Botanical Garden • Access to the spectacular Miami Beach Botanical is located at: Garden,and its amazing exhibitions and plant 2000 Convention Center Drive collections. Miami Beach, Fl 33139 • Live music from local musicians Bob Bonnen • Hors d'oeuvres • Open bar for guests 21 and over • Silent Auction items and packages from various If you have any additional local businesses and organizations. questions, please do not hesitate to contact us. Come and celebrate CITIZENS' environmental education and protection of south Florida since (41... $ 1989. oY Please click on the link below to register or CITIZENS RSVP: FOR A BETTER sOt'TFH Fl Citizens for a Better South Event and Ticket Information Florida Thank you for your contribution We look forward to seeing you at the event! that will go towards the protection of our unique south Florida ecosystems. 2 • CITIZENS ift POP A WTI.R YNRN AaN1YU<. 1c.fire.;uYd Fly(jsnlc�. ANYyzwy" 4y x Forward email 17-0SafeUnsubscri ConstreContalce This email was sent to ocarnev ooalockafl.gov by info @abettersouthflorida.orq Update Profile/Email Address Instant removal with SafeUnsubscribe"" Privacy Policy. Citizens for a Better South Florida 138 NW 16th Avenue Miami FL 33125 • 3 Tree City USA Standards at arborday.org Page 1 of 3 , Arbor DayFoundariOn We inspire people to plant,nurture,and celebrate treas.cart • wish list • sign in • Home • Trees • Membership • Programs • Media • Arbor Day Farm • Lied Lodge • Shop • Take Action • Contact Us ae't.}11?c'1}t. 11,.,1'111,1 You are here: Home—.Programs—>Tree City USA—.Standards An Arbor Day Observance and Proclamation Tree City USA Standards An Arbor Day Observance and Proclamation This is the least challenging and probably the most enjoyable standard to accomplish.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. The benefits of Arbor Day go far beyond the shade and beauty of new trees for the next generation.Arbor Day is a golden opportunity for publicity and to educate homeowners about proper tree care. Utility companies can join in to promote planting small trees beneath power lines or being careful when digging.Smokey Bear's fire prevention messages can be worked into the event,as can conservation education about soil erosion or the need to protect wildlife habitat. Still another way to develop Arbor Day is to link it with a tree-related festival. Some that are currently celebrated include dogwood festivals,locust blossom festivals and Macon,Georgia's Cherry Blossom Festival that annually brings more than $4.25 million into the local economy. In meeting the four standards,help is available!The urban and community forestry coordinator in your state forester's office will be happy to work with communities in taking these first steps toward better community forestry. t,�rr.•//.rrn:. nrbr'rr�at nrcr/rNrncrramc/traaoit'nica/ctanclarde rfm9rletail=4 R/79/701'� Sponsored by: City Manager RESOLUTION NO. 1 0-8 01 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPPLY FOR THE TREE CITY USA RECOGNITION AND DESIGNATION WHICH OFFICIALLY RECOGNIZES THAT THE CITY HAS ACHIEVED THE FOUR STANDARDS OF ACHIEVEMENT IN URBAN FORESTRY AS SET FORTH BY THE NATIONAL ARBOR DAY FOUNDATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires that the City of Opa-locka become involved in the Tree City USA Program created by the National Arbor Day Foundation; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to apply for the Tree City USA recognition and designation; and WHEREAS, the City of Opa-locka will be showing support to add to the rapidly growing National list of Tree Cities. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission authorizes the City Manager to submit an application to Department of Agriculture and Consumer Service for recognition and designation as a Tree City USA community. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 7 day of JANUARY , 2010. 1 Resolution No. 10-8 01 1 _ 4 JOSEP . LLEY M YO' Approved as to form and legal sufficiency: Attest to :I c " rah S. ' by J•s p S.1 'eller City Clerk -rim V ity Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES 2 '? lq[`k O • OP Cd \Ic i • ./ X41:_-j• 2 ' _ Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson C issioner Rose Tydus ..p FROM: Clarance Patterson anager DATE: January 21, 2010 RE: Resolution Authorizing Application for Tree City USA Certification Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR TREE CITY USA RECOGNITION AND DESIGNATION WHICH OFFICIALLY RECOGNIZE THAT THE CITY HAS ACHIEVED THE FOUR STANDARDS OF ACHIEVEMENT IN URBAN FORESTRY AS SET FORTY BY THE NATIONAL ARBOR DAY FOUNDATION; PROVIDING FOR AN EFFECTIVE DATE. Description: The Tree City USA Program was created by the National Arbor Day Foundation. As a Tree City, the City of Opa-locka will be showing support for the environment and will be added to the rapidly growing National list of Tree Cities. Financial Impact: None. Implementation Time Line: Immediately. Legislative History: None Recommendation(s): Staff is recommending the approval of the Resolution authorizing the City Manager to submit an application to Department of Agriculture and Consumer Services for recognition and designation as a Tree City USA community. Analysis: The designation will enhance the City's ability to compete for Grant funding to continue and expand the Project"Cleaner and Greener". ATTACHMENT(S): Copy of the Tree City USA Application, Benefits of being a Tree City, and Reasons to become a Tree City. PREPARED BY: Octavien Spanner Benefits of Being a Tree Cit- arborday.org Page 1 of'1 Arbor DayF€undation- 11 H, i i i r) p i a �- ;-.,r-',!--"•.,4,' l':!1' ,e pt I r r 0 11 I i 'r 'I' t 1 14I r .;b 3 " 1 jr f 3 % i y I, I .' +! ! c r `` tf !t i ryw�rK' y -. t 7r y . , r., ,: l? .c7 i a .,,.'.,4.41-:` tS' . ,. . - Sala LeasCr 6T°' I r e. U3A .:A—TTun.t,far,C You are here: Home,Programs Tree City USA Benefits of Being a Tree City Tree City Benefits Every community,regardless of size,benefits in different ways Download Our from being a Tree City USA.Reports of these benefits have Benefits Flyer reached The Arbor Day Foundation through the years and are summarized below in six general categories: Framework for Action Meeting the four standards for becoming a Tree City USA provides initial direction for an urban or community forestry program. Like the first rungs on a ladder,the standards help get a community started toward annual,systematic management of its .� fi 4 3 tree resources. 1.-'z. Education .. Education begins with discussion of the standards and getting organized to apply for Tree City USA status.It continues as the desire for Tree City USA recognition leads to contacts with the state forester's staff.In turn,this can set in motion aid from a variety of professionals in the form of technical advice,literature,films,and other assistance. Public Image A community's public image is a very real phenomenon and "� ".. •important in many ways.Being a Tree City USA.helps present the F,,' 1:'x >.:' kind of image that most citizens want to have for the place they live or conduct business.The Tree City USA signs at community 4' entrances tell visitors that here is a community that cares about E..ifo„ua,WA,a free Ctty USA its environment.It is also an indication to prospective businesses comuwnity for 17 yewcs. that the quality of life may be better here.It has even been known to be a factor in where meetings or conferences have been held.This reason alone caused a motel owner to start action for his community to join the network! Citizen Pride TREE CITY USA Application Mail completed application with requested attachments to your state forester no later than December 31. The TREE CITY USA award is in recognition of work completed by the community during the calendar year. Please provide information for the year ending. (Some states require information in addition to the requested on this application.Check with your state foresters.) As of the community of (Title• Mayor or other city official; I herewith make application for this community to be officially recognized and designated as a Tree City USA fir , having achieved the standards set forth by The National Arbor Day Foundation as noted below. (year) Standard 1:A Tree Board or Department List date of establishment of board,board members,and meeting dates for the past year;or name of city department and manager. Standard 2:A Community Tree Ordinance Date ordinance established Attach ordinance. Standard 3:A Community Forestry Program with an Annual Budget of at Least $2 Per Capita Total community forestry expenditures $ Community population Attach annual work plan outlining the work carried out during the past year.Attach breakdown of community forestry expenditures. Standard 4:An Arbor Day Observance and Proclamation Date observance was held Attach program of activities and/or news coverage. Attach Arbor Day proclamation. Signature Title Date Please type or print the following: Mayor or equivalent: City Forestry Contact: Name: Name: Title: Title: Address: Address: City, State,Zip: City,State,Zip: Phone #: Phone#: Email: Email: NOTE:Application will not be processed without attachments. Certification (To Be Completed By The State Forester) (Community) The above named community has made formal application to this office.I am pleased to advise you that we reviewed the application and have concluded that,based on the information contained herein,said community is eligible to be recognized and designated as a Tree City USA,for the calendar year,having in my opinion met the four standards of achievement in urban forestry. Signed State Forester Date Person in State Forester's Office who should receive recognition material: Name: UPS Address:.... Title: City,State,Zip: Agency PH ' 15 Reasons to be a Tree City arborday.org Page 1 of 2 . Arbor Day Foundation" s _ i�,...Ji7 r' L ..pal i F ' II Is i 1 "1 i 1.. �� N.-- �I � .1 ;i i ' 11l ,.; 1 ,'e. J jp , - t Y 11 s ,d ., -, 1, I i` a. .-. r . r ,%?..--',r ? -wr' ,StN s CC' ~:—,E. --,.-- #.= 3- 4 `y, t( . gall Lake C*.f,lri 2 17nr.GI:,49 A Ccmo-Limy to.:C 1,0arE^ You are here: Homg—Programj–.Tree City USA 15 Reasons to be a Tree City 15 Reasons to Become a Tree City Becoming a Tree City: 1. Encourages better care of community forests. 2. Touches the lives of people within the community who benefit daily from cleaner air, shadier streets,and aesthetic beauty that healthy,well-managed urban forests provide. 3. Recognizes and rewards communities for annual advancements in urban forestry practices. 4. Increases public awareness of the many social,economical and environmental benefits urban forestry practices. 5. Provides education to improve current urban forestry practices. 6. Builds cooperation between public and private sectors to effectively manage urban forests. 7. Encourages,supports, and strengthens effective urban forestry programs in diverse communities nationwide. 8. Can make a strong contribution to a community's pride. 9. Serves as a blueprint for planting and maintaining a community's trees. 1o. Puts people in touch with other communities and resources that can help them improve their program. 31. Brings solid benefits to a community such as helping to gain financial support for tree projects and contributing to safer and healthier urban forests. 12. Helps present the kind of image that most citizens want to have for the place they live or conduct business. 13. Tells visitors,through signage,that here is a community that cares about its environment. 14. Sometimes gives preference over other communities when allocations of grant money are made for trees or forestry programs. , 15. Provides a way to reach large numbers of people with information about tree care. More Information Call:402-474-5655 Monday—Friday 8:oo AM to 5:0o PM CST Tree City USA is supported by the USDA Forest Service Urban and Community Forestry Program. Benefits of Being a Tree Cit ` arborday.org Page 2 of 2 1-888-448-7337 I donate now privacy I about us Pride is sometimes a less tangible benefit.Gaining and retaining Tree City USA recognition is ° tact Q5 s'te map�your state an award to the tree workers,managers,volunteers,tree board members and others who work on behalf of better care of a community's trees.Non-involved citizens,too,often share a sense of pride that theirs is a Tree City USA.This may translate to better care of trees on private property or a willingness to volunteer in the future. Financial Assistance Preference is sometimes given to Tree City USA communities over other communities when allocations of grant money are made for trees or forestry programs.The reason is that there are invariably more requests than available funds when grants are available through state or federal agencies.If requests are equally worthy,some officials tend to have more confidence in communities that have demonstrated the foresight of becoming a Tree City USA. Publicity Presentation of the Tree City USA award and the celebration of Arbor Day offer excellent publicity opportunities.This results not only in satisfaction for the individuals involved and their families,but also provides one more way to reach large numbers of people with information about tree care.As one forester put it,"This is advertising that money can't buy— and it is free!" More Read our list of 15 reasons to become a Tree City,. More Information Call:402-474-5655 Monday—Friday 8:0o AM to 5:00 PM CST Tree City USA is supported by the USDA Forest Service Urban and Community Forestry Program. rr r Ir.0 r 411 c ummeememommeelemmummt 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(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. (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. (8) 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- (a ele-1 trunk trees it shall be the sum of the diameter of the individual trunks measured four or-- and one-half(41/2)feet above ground level. Designa r conservation: Trees which have been determined for conservation the as shown on an ap roved tree ermit or areas within which have been determined by or the City of Opa- locka as subject to conservation and as stated spec ically 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 DBI-1 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. (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 theallIMIIMP 0109 to { (16) Native tree: ee‘ef a°=`epeeies approved by the city manager or his designee or del tiffev, iative to this area by the Associatken of Florida;Wive 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. armmit'CLL (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(4h)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. 1 it ' 4rq /' (23):s Rae perm* Consists of the application and all necessary information relating to,, 'existing trees on site and proposed relocation, rernoyal,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 th {?pli�it: (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 shad 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: rah 1. Location of all proposed structures, improvement and site uses,proi 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.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. 1. 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. �t Z/f� posted along each roadway frontage of the site and shall be readable fro 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 /6 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: Property Information Map Page 1 of 1 My Home Miami-Dade County, Florida MIAMI-DADE Property Information Map ; . Summary Details: -Y- �L at. 1* t ;y -- - , Folio No.: 08-2129-015-0020 r ' ° + Property: 13200 NW 38 CT '`f� ,`: '. ;''.- s , ' r Mailing R M RLTY CORP Address: � ' ° ` ° 660 ISLAND RD MIAMI FL ! (' ? '1._ t °i i'' 33137- = 1 k `' Property Information: ;_ z� Primary Zone: 7400 INDUSTRIAL- ¢M INDUSTRIAL P CLUC: 0037 WAREHOUSE OR , .. .,. , a �_ STORAGE ST ,k ,,z. Beds/Baths: 0/0 '_1-'• k Floors: 1 Living Units: 0 9,i ._,ws..- , ,. '. r Adj Sq Footage: 24,776 i t r `, Lot Size: 49,044 SQ FT s "' ` Year Built: 1996 f#W t3zr� S1 T ¢ LEJEUNE IND PARK 1STADDN PB 142-53 7,4 #> Le al T-17955 S160FT OF 1 : '. - lia '` Description: LOTS 1 &2 BLK 2 LOT a '� - SIZE 49044 SQ FT F/A/U .a. I F Q 1 08-2129-000-0013 OR --- ,, . t " 16849-4060 0795 1 .. _ "ti .` -,„,,ii. ; ,r, Assessment Information: -. ° — ,+ : ;.. Year: 2013 2012 t` '-t '''' >1 ,, `£ ... 4 to 'I L Land Value: $490,440 $490,440 --"t. "` ' I Building Value: $833,250 $888,805 _' ''mac .t... "r ' s Market Value: $1,323,690$1,379,245 Assessed Value: $1,323,690$1,265,000 Aerial Photography-2012 0 222 ft Taxable Value Information: This map was created on 8/8/2013 9:49:51 AM for reference purposes only. Year: 2013 __ 2012 Web Site©2002 Miami-Dade County.All rights reserved. Applied Applied Taxing Authority: Exemption/ Exemption/ Taxable Taxable Value: _ Value: _ Regional: $1,323,690 $1,2605,,000 County: $0/ $0/ $1,323,690 $1,265,000 _`. City: $0/ $0/ $1,323,690 $1,265,000 School Board: $0/ $0/ $1,323,690 $1,379,245 Sale Information: Sale Date: 12/2005 Sale Amount: $1,340,000 Sale O/�R: `24132-2413 Sales Qualification Sales which are qualified Description: View Additional Sales 1+1-tr•Umo:mc7 minmirinria rrnAT/ / ' r acn'm arnirl=httn•//cricime') miamir1arde c nv R/52/7(11�