HomeMy Public PortalAbout14-05 To Create a Tree Board 1st Reading: 05/14/2014
2nd Reading: 06/11/2014
Public Hearing: 06/11/2014
Adopted: 06/11/2014
Effective Date: 06/12/2014
Sponsored by: City Manager
ORDINANCE NO. 14-05
AN ORDINANCE OF THE CITY OF OPA-LOCKA,
FLORIDA,TO CREATE A TREE BOARD TO SERVE AS
AN ADVISORY GROUP TO THE CITY COMMISSION;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS,on February 24,2010,the City of Opa-locka,adopted Tree Ordinance 10-03;
and
WHEREAS,On December 12, 2013, the City Commission adopted Ordinance 13-38
which amended Ordinance 10-03, creating a new section, Tree Protection Program; and
WHEREAS,the City Commission of the City of Opa-locka desires to create a Tree Board
that will serve as an advisory group to the City Commission; and
WHEREAS,the Tree Board will offer recommendations for the protection and planting of
trees within The City of Opa-locka and to prevent tree abuse; while describing property planting
and maintenance standards; and enforcement of same; and
WHEREAS,the Tree Board shall consist of 5 members,who shall be residents of the City
of Opa-locka, one chosen by the Mayor and by each member of the City Commission, who shall
serve a term which will coincide with of that of the Mayor/Commissioner who selected them. Any
member may be removed at any time, with or without cause, by the Mayor/Commissioner who
appointed them. Members will not receive compensation for their services.
Ordinance No. 14-05
NOW,THEREFORE,BE IT DULY ORDAINED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby creates an entity
known as the Tree Board with responsibilities and duties as follows:
Sec. A Power and Duties
The City of Opa-locka Tree Board shall be advisory to the City Commission in
regard to the following matters:
1. To make recommendations to amend, and control over the regulating,
planting and care of shade and ornamental trees and shrubbery now located
or which may hereafter be planted in any public highway,park or pathway,
except such as are excluded pursuant to applicable law, including the
planting, trimming, spraying care and protection thereof.
2. Make recommendations to regulate and control the use of the ground
surrounding the same, so far as may be necessary for their proper growth,
care and protection of trees and shrubbery.
3. Move or require the removal of any tree or part thereof dangerous to public
safety.
4. Propose regulations, subject to approval by the City Commission.
5. Recommend the treatment or removal of any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the City.
6. Meet once a month, as needed, and keep public record of its resolutions,
findings and determinations;
Sec B.Tree Board shall consist of:
1. Five (5) members, who shall be residents of the City of Opa-locka, one
chosen by the Mayor and by each member of the City Commission, who
shall serve a term which will coincide with of that of the person who
selected them. Any member may be removed at any time, with or without
cause, by the person who appointed them. Members will not receive
compensation for their services. A certified arborist retained by the city
shall act as an advisor to the board.
Section 3. If any clause,section,or other part or application of this Ordinance is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
shall not affect the validity of the remaining portions or applications of this Ordinance.
Ordinance No. 14-05
Section 4. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is
recodified.
Section 6. This Ordinance shall upon adoption, become effective immediately.
PASSED AND ADOPTED this 11t1i day of June, 2014.
,MY'AT• LOR
• YOR
,\Attest to:
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Jp nna Flores
C.iky Clerk
Approved as form and legal sufficiency:
a/ / i Ai . ) I
Jo•° l S.. eller
ENS'OON MARDER PA
y Atto ey
Moved by: COMMISSION R JOHNSON
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
11255322 vl
2ND I SUNDAY,JUNE 1,2014 ND MiamiHerald.com I MIAMI HERALD
REACH US NEIGHBORHOOD NEWS
EDITORIAL
•SOUTH FLORIDA tions where the program is points a new person to Hialeah water filtering plant, council at their June 17 meet-
Joan Chrissos FREE LUNCHES FOR held is eligible for a meal both positions.In an elec- on Okeechobee Road. ing will appoint those who
305-376-2635 KIDS AT LIBRARIES during the serving time tion year,the persons are The road work will also are chosen.Résumés should
jchrissos @MiamiHerald.com and while supplies last. appointed soon after the extend to Medley,in the be submitted by June 6 to
Editor Sisters for Abundant Students must be 18 or election takes place. area of Northwest 74th Jay Smith at jsmith@
Mark Worth living will offer free lunches under to participate. Now,Jose Bergouignan Street and Northwest 73rd balharbour.org.
mworth@MiamiHeraid.com kids this summer in For a list of participa- holds the title of president Avenue,and will include The budget committee
mworth @MiamiHerald.com P P " P g
Reporters cooperation with the Miami- ting libraries and serving title,while Orlando Lopez most of Dove Avenue will conduct a review of
Miami Gardens:Nadege Charles, Dade and Broward County times,call 305-826-7900 or holds the vice president along North Royal Poin- the village's budgeted
305-376-4566,ncharles@Miami public library systems to visit www.mdpls position. ciana Boulevard in Miami funds,as well as review
Herald.com;Hialeah:Joey Flechas, provide free meals to chit- .org/programs/ Springs. the overall fiscal policies
305-376-3602,jfiechas @Miami dren from June 9 through •MIAMI
Herald.com;Religion:Bea Hines J ugh free-lunch-program.html. SPRINGS/HIALEAH The county has advised and practices of the vil-
305-376-2022 ext.7192, Aug •SWEETWATER WATER MAIN REPAIRS the public to avoid the lage,making report to the
bhines @MiamiHerald.com The program also aims area.Work will continue village manager and
Youth Sports Editor to teach students about COMMISSION SET TO WILL AFFECT TRAFFIC around the clock until council.
James Varsallone nutrition and literacy by CHOOSE LEADERS Miami-Dade County completed,according to a The committee will be
jvarsallone@MiamiHerald.com
offering free books for The Sweetwater City has started re
School News g y repairs on a county press release. made up of five members
School News iamiHerald.com students to read while Commission will appoint 96-inch-wide water main appointed by the village
•BALHARBOUR
eating lunch. a new president and vice pipe that will significantly council and is expected to
OTHER CONTACTS BUDGET COMMITTEE
In addition to the librar- president at a meeting at 8 impact local traffic. serve a one-year term.They
Advertising ies,there are more than p.m.in the commission The pipe,which needs VOLUNTEERS SOUGHT will work on budget issues
Liana Guilarte,305-376-4645 100 sites throughout the chambers,500 SW 109th "immediate attention,"ex- Bal Harbour is looking for initially in the summer
Calendar desk/listings county that will offer the Ave.,on Monday,June 2. ends from the Miami residents interested in serv- months and will then ad-
305-376-3355 free lunches.Any student Every non-election year, Springs well field,near the ing on the village's budget dress broader policy and
newscalendar @MiamiHerald.com that comes to the loca- the city commission a - fie,
Delivery Y P school,across to the committee.The village procedures for the village,
1-800-THEHERALD
(1-800-843-4372) .
CITY OF OPA-LOCKA
4 _, ,,,1,^ REQUEST FOR PROPOSALS to Y
RFP NO:14-1906100
BURLINGTON STREET CANAL CITY OF OPA-LOCKA,FLORIDA
NOTICE TO THE PUBLIC
Design Build Proposals for the Burlington Street Canal will be received by the City of Opa-locka at the Office of NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold a public hearing
the City Clerk,3400 NW 135th Street,Building-B,Opa-locka,Florida 33054,June 19.2014 by 1110 0,01, at its Regular Commission Meeting on Wednesday,June 11,2014 at 7:00
My proposals received after the designated closing time will be returned unopened. 9 ay, p.on in the Auditorium items:
Sherbondy
Village,215 President Baratta Obama(Perviz)Avenue,Opa-locka,Florida to consider the following items:
The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide design-build services SECOND READING ORDINANCE/PUBLIC HEARING:
to the Ctty of Opa-locka for the Burlington Street Canal dredging,bank restoration,and Stabilization with slope correction. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO CREATE A
An original and five(61 copies a total of seven(7)plus 1 copy of the proposal on CD in PDF format shall be submitted In TREE BOARD TO SERVE AS AN ADVISORY GROUP TO THE CITY COMMISSION;PROVIDING FOR
sealed envelopes/packages addressed to Joanna Flores,City Clerk,City of Opa-Locka,Florida,and marked BURLINGTON INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
STREET CANAL.Proposers desiring Information for use In preparing proposals may obtain a set of such documents from CODIFICATION;PROVIDING FOR SEVERABILRY;PROVIDING FOR AN EFFECTIVE DATE(first reading held
the Clerk's Office,3400 NW 135th Street,Building-B,Opa-locka,Florida 33054,Telephone(305)953-2800 or copies of on May 14,2014).Sponsored by C.M.
the RFP NO:14-1906100 requirements may also be obtained by visiting the City's website at www.opalockafl.gov, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE/
(dick WO/PROPOSALS"located on the right hand side of the screen and follow the instructions). DENY ALL JAPANESE ENGINES CORP'S REQUEST TO REZONE THE PROPERTY IDENTIFIED AS FOLIO
08-2122-025.0110 FROM 1-2 TO I-2A TO ALLOW APPROPRIATE USES AS LISTED IN SECTION 8.11A(B)
Bidder must comply with Presidential Executive Order 11246,as amended;by Executive Order 11375;Title Ni of OF THE LAND DEVELOPMENT CODE;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR
the Civil Rights Act of 1964 as amended;the Davis-Bacon Act of 1968,as amended;the Copeland Anti-Kickback Act; CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN
the Contract Work flours and Safety Standards Act and all other applicable federal,state and local ordinance. EFFECTIVE DATE(first reading held on May 14,2014).Sponsored by C.M.
The bidder must comply wtth all grants requirements as the project Is partially funded by FDEP grants and/or will be RESOLUTION/PUBUC HEARING:
funded by any other grant sources.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO GRANT
A non-mandatory pre-bid meeting will be held on Friday,June 6,2014 at 11:00am at Sherbondy Village CONDITIONAL USE FOR ALUMINIUM SMELTING OR REFINING OF METALS USE BY PROPERTY OWNER,
215 Perviz Ave,Opa-locka,Fl 33054. ALL JAPANESE ENGINES HOLDINGS,TO OPERATE AN ALUMINUM-SMELTING OVEN,SUBJECT TO
CONDITIONS STATED IN ORDINANCE NO 11-08;PROVIDING FOR INCORPORATION OF RECITALS;
Note that bidder is required to pay workers on this project the minimum wages as determined In the Wage PROVIDING FOR AN EFFECTIVE DATE.Sponsored by C.M.
Determination Decision included in the Bidder's package;and that the contractor must ensure that employees are Additional information on the above items may be obtained in the Office of the City Clerk,3400 NW 135"Street,
not discriminated because of race,color,religion,sex or national origin.
Bldg.B,Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will be heard with
The City reserves the right to accept or reject any and all proposals and to waive any technicalities or Irregularities respect to the public hearing.
therein.The City further reserves the right to award the contract to that proposer whose proposal best complies with PURSUANT TO FS 288.0105:Anyone who desires to appeal any decision made by any board,agency,or
the RFP NO:14-1906100 requirements.Proposers may not withdraw their proposal for a pelt d of ninety(90)days from commission with respect to any matter consideredat such meeting or hearing will need a record of the proceedings,
the date set for the opening thereof. and for that reason,may need to ensure that a verbatim record of the proceedings is made,which record includes
Joanna Flores,CMC the testimony and evidence upon which the appeal may be based.
City Clerk JOANNA FLORES,CMC
CITY CLERK
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City of Opa-locka
Agenda Cover Memo
Commission Meeting 5/14/2014 Item Type: Resolution Ordinance Other
Date: (Enter X in box) X
Yes No Ordinance Reading: 1st Reading 2nd Reading
Fiscal Impact: (Enter X in box) X
Public Hearing: Yes No Yes No
X (Enter X in box) X
Funding Source: Advertising Requirement: Yes No
N/A _ (Enter X in box) X
Contract/P.O. Required: Yes No RFP/RFQ/Bid#: N/A
(Enter X in box) X
Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Enhance Organizational III N/A
Strategic Plan Related Bus. & Economic Dev EN
(Enter X in box) X Public Safety 14
Quality of Education
Qual.of Life&City Image
Communication i 1
Sponsor Name City Manager Department: Community Development
Short Title: I
Request the Opa-locka City Commission adopt an Ordinance to create a Tree Board to serve as an Advisory to
the City Commission on tree plantings, public property plantings, tree maintenance in accordance with the
principles specified in the City's Land Development Code.
Staff Summary
On February 24, 2010, the Opa-locka City Commission adopted Ordinance No. 10-03 which created a Tree
Protection Program. On December 12, 2013, the City Commission adopted Ordinance No. 13-38 which
amended Ordinance No. 10-03 by creating a new section titled, Tree Protection Program. The attached
Ordinance is needed to further qualify to receive Tree City USA designation. In addition, the City is required to
recognize Arbor Day within the City of Opa-locka. The Proclamation in recognition of Arbor Day, April 25th,
2014 was adopted through Resolution No. 14-8786.
1
Proposed Action:
Staff recommends the adoption of the attached Ordinance by the Mayor and City Commission, creating a Tree
Board in the City of Opa-locka.
Attachments:
Ordinance No. 10-03
Ordinance No. 13-38
Resolution No. 14-8786
Proposed Ordinance to create a Tree Board
2
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Memorandum
TO: Myra L. Taylor, Mayor
Joseph Kelley, Vice Mayor
Timothy Holmes, Commis ioner!
Dorothy Johnson, Commis .ioner
Luis B. Santiago, Commissi• er/
FROM: Kelvin L. Baker, Sr.,City Mana• ,
DATE: April 30, 2014
RE: Request to adopt an Ordinance to create a Tree Board
Request:
It is recommended that the Mayor and City Commission adopt the attached Ordinance, creating a Tree
Board.
The purpose of the Tree Board is to create an advisory group to the City Commission regarding
recommendation for the protection and planting of trees within The City of Opa-locka. The Tree Board will
prohibit tree abuse; describe property planting and maintenance standards; and enforcement.
The establishment of a Tree Board will meet one of the four(4) standards, required by the National Arbor
Day Foundation. The four(4) standards are as follows:
I. A Tree board listing the date of establishment of the board, members, and meeting dates;
II. A Community Tree Ordinance. City of Opa-lock established this standard on February 24, 2010
and amended on December 12, 2013;
III. A Community Forestry Program with an annual budget. The City of Opa-locka includes this item as
part of the Department of Public Works work program; and
IV. Arbor Day Observance and Proclamation: the Mayor and City Commission established this
standard on April 9,2014
By adopting this Tree Board Ordinance, the City will meet all standards for consideration of a Tree
City U.S.A designation.
Description:
On February 24, 2010, the City Commission adopted Ordinance No. 10-03 which created a Tree Protection
Program as part of the requirements to be designated a Tree City USA. The attached Ordinance will meet
another criteria,for designation as a Tree City USA.
On December 12, 2013, the City Commission adopted Ordinance 13-38 which amended Ordinance 10-03,
creating a new section titled, Tree Protection Program. The goal is to protect against abuse of trees.
Analysis: This allows the City to further meet the requirements for Tree City USA designation.
Financial Impact: There is no financial impact to the City of Opa-locka.
Implementation Time Line: Immediately
Legislative History:
Ordinance No. 10-03
Ordinance No. 13-38
Resolution No. 14-8786
Staff Recommendation:
It is recommended that the Mayor and City Commission adopt the attached Ordinance to create a Tree
Board.
Attachment(s)
Ordinance No. 10-03
Ordinance No. 13-38
Resolution No. 14-8786
Proposed Ordinance to create a Tree Board
Prepared By: Gregory Gay, Planning and Community Development
Elbert L. Waters, J.D.
2
Budget Modification-Community Challenge Grant
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY OF OPA-LOCKA, OPA-LOCKA,
FLORIDA, TO CREATE A TREE BOARD FOR THE CITY OF OPA-
LOCKA; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY;PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of Opa-locka, by vote of the citizens, adopted a new
charter on November 6, 2012; and
WHEREAS, the City Commission desires to create a Tree Board for the City of Opa-
locka; and
WHEREAS, the Tree Board will consist of five members who shall be residents of the
City of Opa-locka, one chosen by each of the City Commission, who shall serve a term which
will coincide with that of the Commissioner who selected them. Any member may be removed
at any time, with or without cause, by the Commissioner who appointed them. Members will
not receive compensation for their services; and
WHEREAS, the Tree Board shall serve as advisory to the City Commission on tree
planting, public property planting, tree maintenance, and tree pruning.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
OPA- LOCKA,FLORIDA:
Section 1 The recitals to the preamble herein are incorporated by reference
Section 2 The City Commission hereby creates an entity known as the Tree Board, with
responsibilities and duties as follows:
A. Powers and Duties
The Tree Board shall serve as an Advisory to the City Commission on Tree plantings,
public property planting,tree maintenance in accordance with the principles,
conditions and procedures specified in the City's land development code
B. Tree Board Members;
The Tree Board shall consist of five (5) members one of whom shall be residents of
the City of Opa-locka, one chosen by each of the City Commission, who shall serve a
term which will coincide with that of the Commissioner who selected them.Any
member may be removed at any time, with or without cause, by the Commissioner
who appointed them. Members will not receive compensation for their services.
Section 3 If any clause, section;or other part or application of this Ordinance is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or in application; it shall
not affect the validity of the remaining portions or applications of the Ordinance.
Section 4 All ordinances or resolutions or parts of ordinances or resolutions in conflict
herewith, are herby repealed.
Section 5 This ordinance shall be codified in the Code of Ordinances when the code is
recodified.
Section.6 This ordinance shall upon adoption become effective immediately
PASSED AND ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA,FLORIDA, ON
MAYOR MYRA TAYLOR
Attest:
CITY CLERK/DEPUTY CITY CLERK
APPROVED AS TO LEGAL
SUFFICIENCY BY:
E/S
JOSEPH GELLER
CITY ATTORNEY
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Memorandum
TO: Mayor Myra L. Taylor
Joseph Kelley, Vice Mayor
Timothy Holmes, Commissi er
Luis B. Santiago, Commissi er
Dorothy Johnson, Commissi er
FROM: Kelvin L. Baker Sr., City Mana
CC: Joanna Flores City Clerk
The Community Development De rtment
DATE: April 1, 2014
RE: Resolution to celebrate National Arbor Day
Request:
A resolution from the City of Opa-locka, Florida City Commission to proclaim April 25, 2014 as
Arbor Day in the"Great" City of Opa-locka
Description:
In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be
set aside for the planting of trees.
This holiday, called Arbor Day, was first observed with the planting of more than a million trees
in Nebraska.
Today, Arbor Day is now observed throughout the nation and the world. It is well established
that trees can reduce the erosion of our precious topsoil by wind and water, cut heating and
cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide
habitat for wildlife; they increase property values, enhance the economic vitality of business
areas, and beautify our community.
trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and
countless other wood products, a Trees, wherever they are planted, are a source of joy and
spiritual renewal.
Prepared By: Gregory Gay, Director of Planning and Community Development
Elbert L Waters, J.D
The City Commission, on December 11, 2013 adopted a Tree Protection Program which will
enhance the City's goal to protect against the abuse of trees. This Proclamation further
recognizes the importance of trees in the City of Opa-locka.
Financial Impact: None
Implementation Timeline: Immediately
Legislative History: Ordinance No. 13-38
Recommendation(s): Staff recommends recognition of National Arbor Day
Attachment(s): 1) Ordinance 13-38
2) Arbor Day Proclamation
Prepared by: Prepared By: Gregory Gay, Director of Planning and Community
Development Elbert L Waters, J.D
End of Memorandum
Prepared By: Gregory Gay, Director of Planning and Community Development
Elbert L Waters, J.D
{ 0 DAY P OCR ON
•
In 1872, J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees.
This holiday, called Arbor Day, was first observed with the planting of
More than a million trees in Nebraska.
Today, Arbor Day is now observed throughout the nation and the world it is well
Established that trees can reduce the erosion of our precious topsoil by wind
and water, Cut heating and cooling costs, moderate the temperature, clean the
air, produce life-giving oxygen, and provide habitat for wildlife; they
Trees are a renewable resource giving us paper, wood for our homes,
Fuel for our fires and countless other wood products, a
Increase property values, enhance the economic vitality of business areas, and
beautify our community.
Trees, wherever they are planted, are a source of joy and spiritual renewal.
Now, Therefore, I Myra Taylor , Mayor of the Great City of
Opa-locka , do hereby proclaim
April 25, 2014 , as
A OR DAY
In the Great City of, Opa-locka and I urge all citizens to
celebrate Arbor Day and to support efforts to protect our trees and woodlands,
and
Further, I urge all citizens to plant trees to gladden the heart and promote the
well-being of this and future generations.
Dated this 9th day of April in the year of 2014
Mayor Myra Taylor
Sponsored by: City Manager
RESOLUTION NO. 14-8786
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA,TO PROCLAIM APRIL
25, 2014 AS ARBOR DAY IN THE CITY OF OPA-LOCKA
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka desires to recognize National
Arbor Day; and
WHEREAS,the City Commission desires to proclaim April 25, 2014, as Arbor Day in the
City of Opa-locka
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, Florida, hereby recognizes
April 25, 2014 as Arbor Day in the City of Opa-locka.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 9"' day of April, 2014.
:1"7-19/'
YRA TAYLOR
MAYOR
Resolution No. 14-8786
Attest to: Approved as to form and legal sufficiency:
J i nna Flores � �
ores Jos• .h S f Geller --�
C Clerk G' ' EN" •ON MARDER, PA
Cit, Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: NOT PRESENT
Mayor Taylor: YES
1 s`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
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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.
(1 S) 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),
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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.
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(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.
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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.
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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 peiniit
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
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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 of Assets
(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.
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(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.
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(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.
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(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
(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 11th day of December,2013.
I " TAYLOR
MAYOR
Attest to:
1 .
Jo. ' a Flores
Ci Clerk
Approved as to orm and legal sufficiency:
IAL
Joy • . G ler
G" ENSP ION MARDER, PA
ty Atto ey
Moved by: COMMISSIONER HOLMES
Seconded by: VICE MAYOR KELLEY
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
I, Cal 1 1 l.1 t 1 - Deputy City Clerk of the
City of Opa-locka,Miami-Dade County, Florida do hereby
certify that this is a true an• correct copy.
of 4 -C *Ce - • I ' 1- /i.
as shown in the o icial records of the City of Opa-logce,
Miami-Dade County, Florida. 16f
Giver),under roy hand and sea) this day of
Deputy ity Clerk
19
Memorandum
TO: Mayor Myra L.Taylor
Vice Mayor Joe Kelley
Commissioner Timothy Holm
Commissioner Dorothy John: •n f
Commissioner Luis B.Santia• • /
FROM: Kelvin L. Baker,Sr.,City Man
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: 1��
Howard W. Brown,Jr.,AICPi •mmunity Development Directs
Gerald Lee,Zoning Official ;�
1ST Reading: January 27, 2010
2"d Reading: February 24, 2010
Public Hearing: February 24, 2010
Adopted: February 24, 2010
Effective Date: February 24, 2010
Sponsored by: City Manager
ORDINANCE NO. 10-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, CREATING A NEW SECTION
(ORDINANCE NO. 86-8, ARTICLE 7, SECTION 7.5) ENTITLED
TREE PROTECTION PROGRAM; SPECIFYING INTENT;
DESIGNATING AUTHORITY TO SUPERVISE; ENFORCE,
MODIFY AND SUPPLEMENT; PROVIDING DEFINITIONS;
ESTABLISHING TREE PLANTING STANDARDS; SPECIFYING
TREE PRUNING STANDARDS; PROVIDING TREE REMOVAL
STANDARDS; PROHIBITING TREE ABUSE; DESCRIBING
PUBLIC PROPERTY PLANTING AND MAINTENANCE
STANDARDS; APPLICABILITY TO UTILITY COMPANIES;
ESTABLISHING EMERGENCY PROVISIONS; DESIGNATING
ENFORCEMENT; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY, REPEALER, AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka is in need of a Tree Ordinance to assist in
the planting and protection of trees; and
WHEREAS, the Tree Ordinance will create a new section entitled Tree
Protection Program; and
WHEREAS, the City of Opa-locka will establish a Community Forestry
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA,as follows:
Section 1. The recitals to the Preamble herein are incorporated by reference.
Section 2. Tree Protection and Conservation. Section 775 of the City of Opa-locka
Code of Ordinances is hereby created No. 2010-03 is enacted and provides as follows:
1
(A) Definitions. For the purposes of this section, the following words and phrases shall
have the following meanings:
(1) ABH: Area at breast height. The area in square inches at breast height (four
and one-half(41/2) feet above ground level) of a tree according to the formula
where r is the radius of the tree in inches at breast height diameter.
(2) Bond: Security in a form acceptable to and payable to the City of Opa-locka
in an amount equal to the fair market value of the replacement tree(s) to be
relocated or whose dripline may be encroached upon, and given by the
applicant as guarantee of replacement for a period of one (1) year. The fair
market value shall be established by resolution of the city commission each
year and based upon published trade wholesale price lists with the appropriate
multiplier representing maintenance, installation, warranty and other costs
factored in.
(3) Building Footprint: The portion of the lot, parcel or plot upon which
buildings are to be placed.
(4) Building Pad: The building footprint plus the five-foot distance from each of
its sides.
(5) Complete Application: The application and supporting documents have
addressed all applicable sections of the prescribed application and that those
sections and supporting documents are sufficient in comprehensiveness of
data or in quality of information provided.
(6) DBH(Diameter at Breast Height: The measurement of a tree's trunk diameter
in inches at breast height (four and one-half (41/2) feet above ground level).
For trees with less than four and one-half (41/2) feet of clear trunk, diameter
shall be of the largest leader measured four and one-half (41 ) feet above
ground level. For multi-trunk trees it shall be the sum of the diameter of the
individual trunks measured four and one-half(41/2) feet above ground level.
(7) Designated for Conservation: Trees which have been determined for
conservation by the City of Coral Springs as shown on an approved Tree
Permit or areas within Coral Springs which have been determined by Broward
County or the City of Opa-locka as subject to conservation and as stated
specifically within the Tree Permit as defined herein.
(8) Dripline: The natural outside end of the branches of a tree projected
vertically to the ground.
(9) Dripline Encroachment: Any activity that has the effect of causing soil
compaction, injury to lower limbs, grade change, contamination of soil, or
damage to the root system. Specifically, this definition shall include acts such
as parking of vehicles, use of heavy earth moving or grading equipment,
placement of construction materials, excavation and filling, trenching, and the
exposure of paints, oils, or chemicals within a tree's dripline. Specifically
2
excluded from this definition are routine maintenance activities such as
mowing or walking within the tree's dripline.
(10) Dripline Encroachment Plan: This plan shall be presented as part of the Tree
Permit and shall be required for all trees whose dripline is planned to be
encroached upon by any construction, excavation, fill or other activities
associated with the development of the site. It shall include: (i) designation
of each tree subject to any dripline encroachment, (ii) the reasons for the
encroachment, (iii) detailed description of the proposed efforts to protect the
tree from damage due to the encroachment, and (iv) a plan to ensure it
survivability per Builder's Manual of Department of Agriculture.
(11) Equivalent Replacement: The replacement of a removed or damaged tree to
compensate for that tree's removal or its damage either with one (1) tree the
same diameter or a combination of smaller trees that will equal that removed
tree's DBH as defined herein.
The minimums established in the landscape code of the City of Opa-locka for
tree planting may not count toward the equivalent replacement amount
established here, except where replacement occurs on site. The replacement
species shall be native trees as defined herein or trees of similar species to
those removed as approved by the city manager or his designee.
(12) Equivalent Value: An amount of money, which reflects the fair market value
of the required replacement trees. The current market price of replacement
trees shall be established by the city manager or his designee, presented to the
city commission in tabular form and approved by that body annually.
(13) Land Clearing: The indiscriminate removal of trees, shrubs and/or
undergrowth by stripping or any other process, with the intention of preparing
real property for non-agricultural development purposes. This definition shall
not include: the selective removal of non-native tree and shrub species when
the soil is left relatively undisturbed; removal of dead trees; or normal
mowing operations.
(14) Landscape Manual: Document prepared by the planning department pursuant
to section XXXXXX of the land development code, which provides an
illustrative interpretation of landscape standards and a suggested guide for
landscaping in accordance with the above standards.
(15) Map of Environmentally Sensitive Lands: Map, prepared by planning
department and approved by the city commission as part of this section, that
identifies areas of native vegetation within the City of Coral Springs.
(16) Native Tree: Tree of a species approved by the city manager or his designee
or identified as native to this area by the Association of Florida Native
Nurseries as may be amended from time to time, and incorporated herein by
reference.
3
(17) Nuisance Trees: Certain non-native trees, often termed exotic, specifically
Schinus terebinthifolius (Brazilian Pepper), Metopium toxiferum (Poison
Wood), Melaleuca quinquenervia (Punk Tree, Cajeput or Paper Bark),
Casuarina spp. (Australian Pine, all specie), Brassaia actinophylla
(Schefflera), Acacia auriculaeformis (Earleaf Acacia), Bischofia javanica
(Bishopwood), Ficus benjamina (Weeping Fig), Ficus retusa (Laurel Fig),
Dalbergia sissoo (Indian Rosewood), Ricinus communis (Castor Bean) and
which are exempt from this section, except for permit requirement as set forth
herein. There shall be no cost for this permit.
(18) Optional Cash Payment: Fee equal to the fair market value of the required
replacement tree(s) which may be paid by the applicant after recommendation
from city staff that replacement of trees on-site or off-site pursuant to
subsection (X) herein, is not feasible
(19) Prune: The removal of dead, dying, diseased, weak or objectionable branches
in a manner consistent with the standards established in sections XXXX and
XXXX of the land development code.
(20) Tree: Any living, self-supporting woody perennial plant at maturity attains a
trunk diameter of at least three (3) inches or more when measured at a point
four and one-half(41 ) feet above ground level and which normally attains an
overall height of at least fifteen (15) feet, usually with one (1) main stem or
trunk and many branches.
(21) Tree Credit: The utilization of native dicotyledons measured at inches DBH
or native palm trees measured tree-for-tree as off-site replacement trees for
sites being developed. These native trees must be planted after the date of this
amendment. This credit only applies for a five-year period from date of
planting of trees to be utilized for tree credit. This credit is for the inches at
planting and is available only for off-site replacement
(22) Tree-for-Tree Replacement: Replacing a removed tree with a tree or trees
with a minimum of three (3) inches in cumulative trunk diameter at breast
height
(23) Tree Permit: Consists of the application and all necessary information
relating to existing trees on site and proposed relocation, removal, dripline
encroachment and barricading. Except for nuisance species, this permit shall
not be approved prior to city approval of the underlying project.
(24) Tree Relocation: To transplant a tree from one (1) location to another.
(25) Tree Removal: To permanently remove the trunk and/or root system of a tree.
(26) Tree Survey: A sealed survey prepared by a Florida licensed land surveyor
and shall show, in addition to all boundary information, the exact location,
size, botanical and common name, and diameter of all trees at least three (3)
inches in diameter measured four and one-half (41 ) feet above ground level
within the area affected by the development except that groups of nuisance
4
trees as defined herein may be designated as "clumps," with the predominant
type shown. The tree species noted on the tree survey shall be certified by a
landscape architect. The expense of the survey shall be borne by the
applicant.
(27) Trim: To reduce, shorten or diminish gradually a plant or parts of a plant
without altering the natural shape
(28) Upholstery: The plant life existing under a tree canopy including ferns,
bushes and groundcovers.
(29) Undeveloped Land: Land which is unimproved, in that no principal building
or structure has been constructed upon it.
(B) Permit Required. A Tree Permit shall be required prior to any person natural or
corporate, encroaching upon a tree dripline, or cutting down, destroying, removing,
relocating or destructively damaging any tree or causing any tree to be encroached
upon (within the tree's dripline), cut down, destroyed, removed or relocated or
destructively damage.
(1) Application for Tree Permit. The property owner or his authorized agent shall
apply for a Tree Permit from the city manager or his designee, prior to any
tree removal, relocation, or dripline encroachment.
(a) This application shall be made on a form provided by the city manager or
his designee, and approval shall result in the issuance of the Tree Permit.
1. The application shall include the following:
a. Name, address and telephone number of those persons or entities
who own the property and those persons or entities conducting the
removal activities.
b. A detailed written statement indicating the reasons for the clearing
of land, dripline encroachment, removal, relocation or replacement
of the trees and a proposal to replace or relocate removed or
damaged trees and including the following:
1. The amount of land to be disturbed.
2. The method and equipment to be used.
3. The dates the clearing of land, dripline encroachment, removal,
relocation or replacement of trees will take place.
4. Utilization of any tree credit. A tree planting credit agreement
pursuant to section XXXX(X) (X) herein, as prepared by the
city shall be required as a condition of utilizing this option.
c. Four (4) copies of a legible survey as defined herein drawn to one
(1) inch equals to twenty (20) feet scale or to the largest practicable
scale (as determined by the planting department), indicating the
following:
5
1. Location of all existing structures including the building pad as
defined herein, improvements and site uses, properly
dimensioned and referenced to property lines, setback and yard
requirements.
2. Existing site elevations.
3. Location of existing utility services and all easements.
4. The name, common and botanical, size and location of all trees
on the site specifically designated by number. The trees shall
be tagged and identified consistently with the numbering
system utilized on the tree survey. Groups of nuisance trees in
close proximity may be designated as "clumps" of trees with
the predominate type shown.
5. Required tree information shall be summarized in legend or
tabular form on the plan.
d. Four(4) copies of a legible site development plan drawn to one (1)
inch equals twenty (20) feet scale or to the largest practicable scale
indicating the following applicable items as determined by the
planning department:
1. Location of all proposed structures, improvement and site uses,
properly dimensioned and referenced to property lines, setback
and yard requirements.
2. Proposed site elevations, where any fill or excavation around
existing trees is required.
3. Location of proposed or existing utility services in relation to
trees.
4. The name, common and botanical, size and location of all trees
on the site specifically designating by number the trees to be
retained, removed, relocated or replaced. The trees shall be
identified consistently with the numbering system utilized on
the tree survey. Groups of nuisance trees in close proximity
which are to remain may be designated as "clumps" of trees
with the predominate type shown.
5 Location of all individual or group barricades.
6. Landscaping plan pursuant to section 201 herein.
7. Tree information required shall be summarized in legend or
tabular form on the plan and shall include the reason for the
proposed clearing of land, removal, relocation or replacement.
e. Dripline encroachment plan. A dripline encroachment plan shall
be required if any construction, excavation, filling or other
6
development activity will occur within the dripline of any trees.
designated for preservation.
1. This plan shall include:
A. Designation of each tree subject to any dripline
encroachment.
B. A written statement of the reasons for the encroachment.
C. A detailed statement of the proposed efforts to protect the
tree from damage due to the encroachment, and to insure
its survival.
D. Should any tree die as a result of dripline encroachment, a
plan and detailed reasons for any necessary removal or
replacement of the tree shall be provided.
2. Trees within this plan are subject to the standards for tree
protection during development detailed in this section.
f. On-site representative required. The applicant for a tree removal
permit on environmentally sensitive lands shall, at the time of
application, designate an on-site representative who will be
responsible for the installation and the maintenance of all
vegetation protective barriers. The representative shall be
responsible for supervising the removal of all existing vegetation
permitted to be removed. The representative shall be on site at all
times during the vegetation clearing operations.
(b) Applications involving developed properties or properties not shown on
the map of environmentally sensitive lands as defined herein may be based
on drawings showing only that portion of the site directly involved and
adjacent structures and landscaping and native vegetation incidental
thereto. In such cases, a tree survey is not required. A tree sketch
showing the approximate location(s) of all existing tree(s) with common
and botanical name shall be provided instead.
(2) Grant of Permit by City Manager or his Designee. The city manager or his
designee shall grant a Tree Permit upon payment of a fee not to exceed the
actual costs of processing the permit, the presentation of the application
referenced above, and the presentation of a bond to the City of Coral Springs
as described in section (G) herein. This permit shall not be effective until a
site inspection has been requested and received by the property owner or his
authorized agent, and approved by the city.
(a) Criteria for Tree Permit. A Tree Permit shall be issued only after the
city manager or his designee determines that existing natural features are
being preserved to the maximum extent possible in the design of the
improvement as defined in Section XXX (XX), and any of the following
conditions exists.
1. For those trees within areas designated on the map of
environmentally sensitive lands, over an acre in size, as defined
7
herein, at least twenty-five (25) percent of the native trees are being
preserved intact in contiguous land areas. This percentage shall be
calculated from the number of native trees within the contiguous
land area and shall be applicable to all site plans or plats approved
after the effective date of this section.
2. The tree is a nuisance tree as defined in this section. For such
removal, no other provisions of this section shall apply and no cost
shall be assessed for this permit.
3. The tree is located in the building pad street right-of-way, canal
right-of-way, an area designated for line clearing, or a utility or
drainage easement where a structure or improvement is to be placed,
or where it unreasonably restricts the use of the property.
4. The tree is diseased, injured, or destructively damaged. For such
removal, no other provisions of this section will apply. No cost shall
be assessed for this permit. However, minimum landscaping
requirements established within the land development code shall be
met.
5. The tree is in danger of materially impairing the structural integrity
of existing or proposed structures, interferes with utility service, or
adversely affects sight distance triangles.
6. The tree is required to be cut down, destroyed, removed or relocated
or destructively damaged by a county, state or federal law, or by
rules promulgated by a county, state or federal agency. For such
removal, no other provisions of this section will apply. No cost shall
be assessed for this permit.
(b) This permit, if approved, shall be granted for a maximum of six (6)
months.
(c) This permit shall be posted in a protected area and in a conspicuous
place on the site.
(d) A sign with the minimum dimension of two (2) feet by three (3) feet
shall be posted along each roadway frontage of the site and shall be
readable from the roadway and shall state:
TREES ON THIS SITE BEING REMOVED ACCORDING TO
PERMIT NO. PURSUANT TO CITY OF OPA-LOCKA
CODE.
For those permits not requiring tree removal, the sign may read:
TREES ON THIS SITE BEING PROTECTED ACCORDING TO
PERMIT NO. PURSUANT TO CITY OF OPA-LOCKA
CODE.
(C) Tree Permit Required as Condition to Tree Removal Pursuant to Development or
Land Clearing. No person, natural or corporate, shall proceed with tree removal
8
pursuant to development or land clearing on any improved, vacant or unimproved
land, unless specifically exempted by this section, (including land designated for
conservation by Miami-Dade County or the City of Opa-locka without a Tree
Permit pursuant to subsection (X).
(D) Tree Permit Review. Review of the Tree Permit plan shall be completed within
fifteen (15) working days of receipt of that plan by the City of Opa-locka Planning
Department.
(E) Criteria for Tree Permit Review. Approval of Tree Permits and replacement of
tree(s) or the payment of the optional cash payment as defined herein shall be
permitted if the city manager or his designee after examination of the Tree Permit
determines that existing natural features as defined in Section XXX (XX) are being
preserved to the maximum extent possible in the design of the improvement and
that any of the following conditions exist:
(1) For those trees within areas designated on the map of environmentally sensitive
lands, over an acre in size, as defined herein, at least twenty-five (25) percent
of the native trees are being preserved intact in contiguous land areas. This
percentage shall be calculated from the number of native trees within the
contiguous land area and shall be applicable to all site plans or plats approved
after the effective date of this section.
(2) The tree is a nuisance tree as defined in this section. For such removal, no
other provisions of this section will apply and no cost shall be assessed for this
permit.
(3) The tree is located in the building pad, street right-of-way, canal right-of-way,
an area designated for line clearing, or a utility or drainage easement where a
structure or improvement is to be placed or where it unreasonably restricts the
use of the property. If certain trees outside the above areas must be removed to
allow the operation of equipment, the site plan shall indicate the exact
operation area needed, and provide for a replacement tree or trees.
(4) The tree is diseased, injured, or destructively damaged as provided in
subsection (J) herein. However, no replacement is necessary unless the
removal of the diseased, injured or damaged tree causes the property to contain
less than the minimum landscaping requirements.
(5) The tree is in danger of materially impairing the structural integrity of existing
or proposed structures, interferes with utility service, or adversely affects sight
distance triangles.
(6) The tree is required to be cut down, destroyed, removed or relocated or
destructively damaged by a county, state or federal law, or by rules
promulgated by a county, state or federal agency.
(F) Tree removal and replacement. As a condition to this approval of a Tree Permit or
for any tree removal pursuant to this section, the city shall require the applicant to
relocate or replace a removed tree at his own expense. However such relocation or
replacement must be within the project site. In the event that relocation or
replacement of the tree or trees within the site is not practical as determined by the
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city manager or his designee, a tree may be removed to public lands, or private
property approved by the city manager or his designee.
(1) Replacement Trees. A removed tree must be replaced with its equivalent
replacement in trees. This replacement tree shall be a type of species having
shade potential and other positive values, as further described in the landscape
manual as defined herein, at least equal to that of the tree being removed, and
shall be a minimum of six (6) feet in height when planted. The planted tree
shall be of native species as defined herein or others as approved by the city
manager or his designee.
However:
(a) On lots to be developed for single-family, duplex, townhouse or zero lot
line dwelling purposes, trees within the building pad defined herein, the
individual driveway leading to that unit excluding circular drives shall be
replaced on a tree-for-tree basis.
(b) Within multifamily development, trees within the building pad defined
herein shall be replaced on a tree-for-tree basis.
(c) Within nonresidential properties noted on the environmentally sensitive
lands map, trees within the building pad as defined herein shall be replaced
on a tree-for-tree basis.
(2) Maintenance of Relocated and Replacement Trees. Trees must be relocated or
replaced as specified by this section within sixty(60) days of the approval for
tree removal; provided however, if the trees are to be removed to facilitate
construction or development activities, said relocation or replacement must be
completed prior to the issuance of certificate of occupancy on the construction,
development site or phase of development, as applicable. The trees to be
relocated or replaced on-site or off-site private property must be maintained in
a healthy growing condition and guaranteed for a period of at least one (1)
year. Trees to be relocated or replaced on public property must be guaranteed.
The guarantee period shall end one(1) year from the date of installation or at
acceptance by city staff(whichever is earlier) of any relocated or replaced
trees.
(3) Optional Cash Payment. An optional cash payment equal to the fair market
value of the required replacement tree(s) paid by the applicant after
recommendation from city staff that replacement of trees on-site pursuant to
this subsection is not feasible.
(4) Tree Credit. Credit shall be given for the off-site planting of trees meeting the
definition of equivalent,replacement at the time of planting against any off-site
tree replacement required by this section in accordance with the following
terms and condition:
(a) Credit will be given for those trees planted after the adoption of this
section in excess of tree planting required by the land development code
10
against any tree replacement requirements for tree removal on any
property within the city.
(b) This credit only applies for a five-year period from the date of planting of
trees to be utilized for the tree credit.
(c) A tree planting credit agreement must be executed by the person
requesting such credit on a form approved by the city specifying the
numbers and location of such trees for which credit is sought.
This agreement will specify who may utilize the credit and for which
properties. The city official responsible for issuing Tree Permits shall
maintain the records of how much credit is currently available in the
name of the person receiving such credit. This record shall include the
name of the individual authorized to use such credit, the location where
the credit is used, the amount of credit used, and the resulting balance of
credit available.
(G) Bond for Tree Relocation, Replacement, or Dripline Encroachment. A bond shall
be held by the City of Opa-locka for one (1) year to insure tree replacement in the
event that tree relocation or dripline encroachment results in the death of any tree
subject to a Tree Permit or for any tree damaged or destroyed in any pre-
development or development activities such as surveying. Such bond amount shall
be assessed at the fair market value of the required replacement tree(s) or for tree
replacement which cannot be effected prior to issuance of a certificate of occupancy
for the underlying project. If the developer/builder desires, it may employ a
landscape architect to supply revised bonding amounts for city review and approval
if the landscape architect determines that the trees or palms subject to relocation or
dripline encroachment are unlikely to die as a result of the pre-construction or
construction activities. Tree bond amounts of under one thousand five hundred
dollars ($1,500.00) are to be guaranteed through a letter of guarantee rather than
through a posting of a cash bond.
(H) Tree Trust Fund
(1) Establishment. A tree trust fund (hereinafter referred to as the Opa-locka Tree
Preservation Account or the "trust") is hereby established as a depository for
tree removal fees and penalty monies. Such monies shall be placed in an
interest bearing account solely for the purpose of funding tree replacement on
public property within the City of Opa-locka.
(2) Term of Existence. The Opa-locka Tree Preservation Account shall be self-
perpetuating from year to year unless specifically terminated by the city
commission.
(3) Trust Assets. All monies received pursuant to the provisions of this section
from public or private concerns shall be placed in trust for an inure to the use
and benefit of the City of Opa-locka and its successors and assigns in interest.
(4) Trust Administration.
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(a) Trust funds shall be expended, utilized and disbursed only for the
purposes designated by the city commission of the City of Opa-locka to
administer its tree preservation program pursuant to this section.
(b) The trust shall be a separate account established and maintained apart
from the general revenue funds and accounts of the City of Opa-locka.
(c) Monies obtained pursuant to this section may be accepted on behalf of
the City of Opa-locka by the city manager or his designee, and upon
receipt shall be delivered to the City of Coral Springs department of
finance, which shall cause the same to be credited to the trust.
(5) Disbursal of Assets
(a) Expenditures of over ten thousand dollars ($3,500.00) shall require
approval of the city commission of the City of Coral Springs.
(b) The city commission of the City of Coral Springs shall make
expenditures for planting of trees in accordance with land development
code provisions pertaining to contracting and purchasing. The city
commission shall have control over the disbursement of these monies
provided; however, that any such disbursement shall be coordinated with
the city manager.
(c) Trust funds shall be used to obtain trees, landscaping, sprinkler systems
and any other items or materials necessary and proper for the
preservation, maintenance, relocation or restoration of tree ecosystems,
on any public land in the City of Opa-locka. With city commission
approval, these monies may also be utilized to engage support elements,
such as landscape architects and additional personnel if deemed
necessary in the opinion of the city manager. These monies may also be
used to cover the expense of relocation of trees in the City of Opa-locka.
(I) Standards for Tree Protection during Development. The following are minimum
standards necessary to protect trees designated for preservation from damage during
development activities after the Tree Permit has been approved.
(1) Protection of Existing Trees. Prior to any clearing of improved, vacant or
unimproved land unless specifically exempted from this section(including land
designated for conservation by Miami-Dade County of the City of Opa-locka),
trees to be preserved (as designated in the Tree Permit approved by the city
manager or his designee including any surveying or similar pre-development
activity) shall have barriers constructed around them by the developer to
prevent physical damage from heavy equipment and other activities incidental
to development. Required barriers shall be subject to inspection by the city as
a condition of permit approval and prior to any such clearing.
(a) Barriers or barricades. The barriers or barricades shall be:
1. Large enough to include the entire area inside the outer edge or
dripline of the tree; and
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2. Conspicuous enough and high enough to be seen easily by operators of
trucks and other equipment; and
3. Constructed of sturdy scrap wood (four-by-four stock), or other sturdy
material (not flagging or ribbons) as approved by the director of
planning based on professional judgment that the intent of this
provision shall be met.
4. Constructed as a condition of, the issuance of any land clearing,
building or other development permit and prior to any construction or
other development activities and required to remain in place
throughout the construction period. Barriers or barricades shall be
completely removed from the site at the end of the construction period,
(immediately prior to the issuance of a certificate of occupancy by the
City of Opa-locka Building Department) unless otherwise stipulated in
the approved tree preservation plan.
(2) Clearing Trees and Vegetation.
(a) Clearing by hand. Within the dripline of trees designated for
preservation, only clearing by hand is permissible, unless otherwise
stipulated in the approved Tree Permit.
(b) Storage. Trees and vegetation cleared during construction or other
development activities shall be stored in an area designated by the city
manager or his designee with the grant of a Tree Permit.
(c) Removal. All trees and vegetation cleared and stored pursuant to this
section shall be removed within two (2) weeks after completion of the
clearing.
(3) Other Required Protection of Trees and Understory. Developer shall protect
the trees and understory plants designated for preservation in the approved
Tree Permit from chemical poisoning, excavation and grade changes to at least
the following minimum standards:
(a) Utility line trenches. Utility line trenches shall be routed away from trees
to an area outside the dripline to the maximum extent possible.
(b) Grade changes. Retaining walls and dry wells shall be utilized where
needed to protect trees from severe grade changes. For shallow fills, the
fill material shall be gently sloped down to the level of the tree roots
leaving the tree in a depression larger than the spread of its crown.
(c) Parking on site during construction or development activities. No
parking, vehicle maintenance, storage of construction materials or debris,
or cleaning of equipment shall take place within areas marked for
preservation specifically including, but not limited to, within the dripline
of any individual trees.
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1. Parking and storage areas. The developer or contractor shall establish
regular parking and storage areas under the supervision of the city to
facilitate compliance with the above standard.
(d) Encroachment. Encroachment into any barricaded area shall be
forbidden with the exception of activities specifically permitted by the
approved Tree Permit including dripline encroachment plan as
established herein.
4) Pruning of Trees and Vegetation. The developer shall be permitted to cut or
prune branches and roots of trees designed for preservation, only under the
supervision of the city manager or his designee.
(a) Standards where permitted. The standards for pruning as established by
the American National Standards Institute (ANSI A-300) and as outlined
in the landscape manual shall be utilized in the pruning of trees within the
City of Coral Springs.
(5) Root System Protection. The root systems of trees shall be protected as
follows:
(a) Excavation within the dripline. The city manager or his designee may
approve a dripline encroachment plan, upon an applicant's request to
excavate within the dripline of a tree, as part of a Tree Permit.
(b) Standards for root protection. The city manager or his designee may
establish additional standards for root protection consistent with this
section.
1. Root exposure standards. If roots are exposed, the developer shall
provide temporary earth cover mixed with peat moss and wrapped
with burlap to prevent exposed roots from drying out before permanent
backfill is placed.
2. Support of tree or root system. The developer shall also water,
maintain in moist condition, and otherwise temporarily support and
protect the tree or root from damage until the tree or root is
permanently covered with earth.
(c) Protection of the tree root system. The developer shall protect tree root
systems from damage due to noxious materials in solution caused by
runoff, or spillage during mixing and placement of construction
materials, or drainage from stored materials. The developer shall also
protect root systems from flooding, erosion or excessive wetting resulting
from dewatering operations.
(6) Stormwater Runoff. Whenever possible, stormwater runoff shall be directed
into any cypress area contained on site. Prior to entering in the cypress area,
all runoff must be filtered through vegetated swales or vegetated berms.
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(7) Trees Damaged During Construction. The developer shall have trees damaged
by construction repaired by a professional arborist in a manner acceptable to
the city.
(a) Immediate notification of city. The city manager or his designee must be
notified immediately after any damage to any tree damaged by
construction operations.
(b) Prompt repair. Such repairs as necessary shall be made promptly after
damage occurs to prevent progressive deteriorations of damaged trees.
(c) Removal and replacement of damaged trees. The developer shall remove
trees which are determined by the city manager or his designee to be
incapable of restoration to normal growth pattern. Such trees shall be
subject to replacement under the provisions of this section.
(d) Any tree designated for preservation which is damaged by development
activities in violation of this section (not including bonded trees in a
dripline encroachment plan) under this subsection and which dies as a
result of this damage shall be subject to the tree replacement or removal
requirements contained herein except that these requirements may use
ABH instead of DBH as defined herein to calculate the equivalent value
or equivalent replacement for the dead tree.
(J) Exemptions.
(1) Damaged Trees. Trees destructively damaged or destroyed by an act of God or
an act of war are exempt from this section.
(2) Governmental Entities. Any fees or bonding requirements required by this
section do not apply to agencies of the federal, state, county and local
government including the school board.
(3) Utilities. Any fees or bonding requirements required by this section do not
apply to utilities. Utilities are exempt from the inch-for-inch tree replacement
requirements herein set forth and shall replace on a tree-for-tree basis.
(4) Licensed Plant and Tree Nurseries. Licensed plant and/or tree nurseries shall
be exempt from the terms and provisions of this article only in relation to those
trees planted and growing on site for wholesale and/or retail sale purposes in
the ordinary course of said licensee's business.
(5) Governmental and Private Nurseries. All governmental and private nurseries
with respect to trees which have been planted and are growing for future
relocation; are exempt from this section.
(6) Developed Single-Family and Duplex Properties Including Townhouse and
Zero Lot Line Development. Owner occupied developed single-family and
duplex properties including townhouse and zero lot line development not
included in the map of environmentally sensitive lands as designate for
conservation are exempt from the provisions of this section.
15
(7) Emergency Conditions. During emergency conditions caused by a hurricane or
other disaster, or to protect the public safety, the provisions of this section may
be suspended by direction of the city manager.
(8) Nuisance Trees. Nuisance trees as defined herein are exempt from the
provisions of this section except for the requirement to obtain a permit prior to
their removal. However no fee shall be assessed for this permit.
(9) Miami-Dade County Trafficways. Planned roadway improvements (including
all necessary accessory appurtenances to the roadway improvement such as
traffic signals and lighting) authorized by appropriate federal, state or local
agencies to regionally significant roadways as identified on the Miami-Dade
County Trafficways Plan are exempt from the replacement requirements
established herein. However, this shall not exempt those roadways from
receiving a Tree Permit. Regionally significant roadways as identified on the
Miami-Dade County Trafficways Plan shall include:
NW 27th Avenue
NW 135th Street
NW 37th Avenue/Douglas RD
NW 42nd Avenue/LeJeune RD
NW 22nd Avenue
NW 151st Street/Oriental Boulevard (South Section)
(10)City Trafficways. Planned roadway improvements (including all necessary
accessory appurtenances to the roadway improvement such as traffic signals
and lighting) authorized by appropriate federal, state and local agencies to city
trafficways as specified in the Municipal Code are exempt from replacement
requirements established herein. However, this shall not exempt those
roadways from receiving a Tree Permit.
(11)Small Trees. Trees less than three (3) inches in diameter as measured four and
one-half(41/2) feet from grade are exempt from the provisions of this section.
(12)Planted Trees. Trees planted on vacant residential property may be relocated
or subjected to dripline encroachment prior to the issuance of a certificate of
occupancy for a principal building on the property without a permit. All tree
removal shall require a permit pursuant to this section. However, for trees
planted in designated buffer or landscape parcels or strips any relocation,
replacement, or dripline encroachment occurring after one (1) year after
planting shall require a permit pursuant to this section.
K) Tree Variance.
(1) [Generally.] The City of Opa-locka recognizes that the regulations provided
within this section may not address all situations relating to tree protection and
conservation. The city commission, therefore, may grant variances upon the
recommendation of the planning and zoning board, from the provisions of this
section upon the filing of an application with the planning department.
16
(2) Standards. A variance shall be granted if the city commission, after a public
hearing, determines that all of the following facts and conditions exist:
(a) That there are unique and special circumstances or conditions applying to
the property in question that do not generally apply to other properties in
the same zoning district.
(b) That the applicant did not cause the unique and special circumstances or
conditions above, nor are these circumstances or conditions the result of
mere ignorance or disregard of the provisions from which relief is sought.
(c) That the literal interpretation of the land development code section will
result in an undue hardship to the applicant; and that such hardship is not
self-created by any person having an interest in the property nor is a
result of mere ignorance or disregard of the provisions from which relief
is sought.
(d) That the strict application of the land development code section will
deprive the applicant of reasonable use of the property for which the
variance is sought.
(e) That the variance sought is the minimum variance which makes possible
the reasonable use of the property.
(3) Application; Fees.
(a) Applications for tree variance shall (i) be in writing on a form furnished
by the city; (ii) be accompanied by a fee in an amount sufficient to
reimburse the city for all administrative expenses associated with each
tree variance request; and (iii) state with specificity the grounds upon
which the tree variance request is based and include all details (with
exhibits when necessary) available to the petitioner to support petitioner's
request.
If the application is complete as determined by the planning department,
it shall be placed on the agenda of the planning and zoning board within
thirty (30) working days of the determination. Complete as stated herein
means that the petition and supporting documents have addressed all
applicable sections of the prescribed application and that those sections
and supporting documents are sufficient in comprehensiveness of data or
in quality of information provided.
(b) The application shall be scheduled before the planning and zoning board
as a public hearing item. Upon the recommendation of the planning and
zoning board the item shall be scheduled before the city commission as a
public hearing item. The public shall be given notice of each hearing
according to the procedure outlined in section 127 of the land
development code.
(4) Procedure Before the Planning and Zoning Board.
(a) Upon public hearing, the planning and zoning board shall first hear the
recommendation of the city administration as to the tree variance
17
application. Next, the board shall receive the presentation of the
petitioner, and finally, the board shall open the hearing to the public for
comments from all interested citizens.
(b) In making its presentation the applicant must assume the burden of
demonstrating to the board, by substantial competent evidence, support
for each position or finding required by subsection (2) for tree variance
approval.
(c) At the conclusion of the public hearing, the board shall make a
recommendation to the city commission on whatever action the board
deems to be in the public interest, inclusive of recommending either
approval or denial and, where appropriate, conditions which may be
imposed upon the tree variance granted. The findings and
recommendations of the planning and zoning board shall be placed on the
agenda of the city commission no later than thirty (30) days after the
board's action.
(5) Procedure before the City Commission.
(a) Upon public hearing, the city commission shall first hear the
recommendation of the city administration including the
recommendations of the planning and zoning board as to the tree variance
application in question. Next, the commission shall receive the
presentation of the petitioner, and finally, the commission shall open the
hearing to the public for comments from all interested citizens.
(b) In making its presentation the petitioner must assume the burden of
demonstrating to the commission, by substantial competent evidence,
support for each position or finding required by subsection (2) for tree
variance approval.
(c) At the conclusion of the public hearing, the commission shall take
whatever action is deemed to be in the public interest, inclusive of tabling
the request in order to receive additional information. If the application
is denied or granted, however, the commission shall state the basis for
either approval or denial and, where appropriate, conditions which may
be imposed upon the tree variance granted.
(L) Appeals to City Commission.
(1) Any citizen may appeal any decision of the city manager or his designee in the
enforcement of any term or provision of this section to the city commission by
filing within thirty (30) days after the date of decision, a written notice of
appeal with the city manager. This notice of appeal shall set forth precisely the
decision appealed from and the reasons or grounds for the appeal.
(2) The enforcement agency may immediately issue a stop work order for only that
work which could be affected by the subject appeal, pending final disposition
of the appeal by the city commission.
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(3) The city commission shall hear and consider all facts material to the appeal and
render a decision within forty-five (45) days of the filing of the appeal. The
city commission may affirm, modify or reverse the decision appealed from,
provided that the city commission shall not take any action which conflicts
with or nullifies any of the provisions of this section. The decision of the city
commission shall constitute final administrative review and no petition for
rehearing or reconsideration shall be considered.
M. Enforcement.
(1) [Generally.] The city manager or the city manager's designee shall enforce the
provisions of this section.
(2) Individual enforcement. Each violation of this section or any of its subsections
is deemed a separate and distinct infraction of the land development code.
Each tree to be protected may be the subject of individual enforcement.
(3) Strict liability of owner. The owner of any property where a tree or trees have
been cut down, destroyed, removed, relocated or destructively damaged shall
be held strictly liable for a violation of this section unless it can be proven that
the damage was caused by:
(a) An act of God;
(b) An act of war;
(c) Development activities on the property pursuant to an approved Tree
Permit; or
(d) (The owner alleges that the damage was caused by vandals or trespassers
and the owner of the property has filed a police report for the incident and
had taken reasonable security measures to prevent unauthorized access to
the property.
(4) Stop-Work Order. The enforcement agency shall immediately issue an order
to cease and desist any work being carried out in violation of this section or
any permit conditions promulgated under this section. Upon notice of such
violation, no further work shall take place until appropriate remedial action is
instituted, as determined by the enforcement agency.
(5) Other Enforcement. Nothing in this section shall prohibit the city from
enforcing this section by other means.
N) Penalties.
(1) Fine and Replacement. Each violation of this section shall be punishable in a
court of competent jurisdiction by a fine of no more than five hundred dollars
($500.00) plus the cost of replacement of the trees removed from the site, the
costs associated with investigation and prosecution together with any equitable
remedies deemed reasonable and proper by the court (cost of replacement tree
in this context may be measured utilizing up to the removed tree's ABH to
determine its value or other such measures as deemed appropriate by the
19
court). The removal, relocation or destruction, including dripline
encroachment, of each tree for which a Tree Permit is required in violation of
this section shall constitute a separate offense under this section.
(2) Withholding or Revocation of City Permits. Failure of any party to follow the
procedures as required by this section shall constitute grounds for withholding
or revoking site plan approval, building permits, occupancy permits or any
other appropriate approvals necessary to continue development. Such
extraordinary sanctions, however, shall be instituted immediately upon the
direction of the city manager and with the ratification of the city commission at
its next regular or special meeting. This ratification shall be considered a
public hearing at which all interested parties shall have notice and an
opportunity to be heard and to be represented by legal counsel.
(3) After the Fact Tree Permit. In cases where tree removal is carried out without
the necessary permit under the terms and conditions of this section, the
property owner shall be required to make application for an after-the-fact Tree
Permit. Application fee shall be triple the regular application fee. The city
manager or his designee may grant an after-the-fact Tree Permit only if he
finds that the same application would have rightfully been approved prior to
removal of the tree(s) and that each tree destroyed is to be replaced by trees of
equal or greater equivalent replacement value. Such replacement trees shall be
located on the subject site wherever practical, or they may be required to be
located on off-site private or public property. Such replacement shall be
assured by a cash bond. If the conditions for an after-the-fact Tree Permit are
not fulfilled, the case shall be referred to the city attorney's office for
appropriate action under this section.
Section 3. Contractors to post bond for removal of trash following completion of
construction.
(a) A cash bond in the amount of two hundred dollars ($200.00) shall be
posted with the office of the building inspector of the City of Opa-locka
by all builders wishing to construct within the city either a single family
unit, or a commercial unit of less than five thousand (5,000) square feet
to ensure the removal of all trash within a period of five (5) days after
construction has been completed and before a certificate of occupancy is
issued, and to cover any damage done to public or private property which
was caused by the construction.
(b) For those builders constructing multiple units, dwelling or commercial,
there will be a cash bond required in the amount of two hundred dollars
($200.00) plus ten dollars ($10.00) for every additional dwelling unit
within the structure, or in instances of commercial units, ten dollars
($10.00) for each additional one thousand (1,000) square feet.
(c) In no event, however, shall the city pursuant to the authority provided in
subsections (a) and (b), supra, collect trash deposits in excess of one
thousand dollars ($1,000.00) from any one person, natural or corporate.
20
(d) In the event that monies posted pursuant to this section are not utilized
for trash cleanup and are therefore refundable to the individual and/or
corporation posting said bond, and further in the event that said
individual or corporation does not request a refund of said monies, the
City of Opa-locka shall:
(1) Make diligent inquiry as to the location of the individual and/or corporation so
as to effect a proper refund, and
(2) Retain said monies for a period of twelve (12) months from the date that a
certificate of occupancy is issued on the structure for which the bond was
posted.
In the event, however, that no one individual or corporation requests a
refund of a trash bond so deposited and further in the event that diligent
inquiry by the City of Opa-locka fails to discover the location and/or address
of the individual so entitled to said refund, then upon the expiration of
twelve (12) months from the date of the issuance of the certificate of
occupancy for which the trash bond was posted by an individual or
corporation, the City of Opa-locka shall remit all monies to the state
pursuant to Chapter 717 Florida Statutes, as amended from time to time, and
any other applicable statutes, as amended from time to time.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 4. If any section, sentence, clause or phrase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this ordinance.
SECTION 5. The ordinance shall become effective in the manner provided by
law.
SECTION 6. The ordinance shall, upon adoption, be codified in the City of
Opa-locka Code of Ordinances.
ADOPTED AND PASSED ON THIS 24th DAY OF February, 2010.
l •
• OR
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ATTEST: j Ap:roved a fo and legal su iciency:
De orah Irby J•.:p eller
City Clerk tpri City Attorney
January 27, 2010
`/DATE
Moved by: Commissioner Holmes
Seconded by: Commissioner Johnson
Commission Vote: 5-0
Commissioner Holmes: Yes
Commissioner Johnson: Yes
Commissioner Tydus: Yes
Vice Mayor Taylor: Yes
Mayor Kelley: Yes
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