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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: 3 4L),\„___) 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 pk 'OQp Oek / � t �9 �m spa ,y4 AAd RAvo,� 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 Pp-LOCK' q - 1p'. X09"+..:..•:.p n Y.`9..a 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 7 LOCk C 0 O a p Ui 0 L D n 1 ON t)NP.♦ 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 2 paints, oils, or chemicals within a tree's dripline. Specifically excluded from this definition are routine maintenance activities such as mowing or walking within the tree's dripline.Dripline Encroachment Plan: This plan shall be presented as part of the Tree Permit and shall be required for all trees whose dripline is planned to be encroached upon by any construction, excavation, fill or other activities associated with the development of the site. It shall include: (i) designation of each tree subject to any dripline encroachment, (ii) the reasons for the encroachment, (iii) detailed description of the proposed efforts to protect the tree from damage due to the encroachment, and (iv) a plan to ensure it survivability per Builder's Manual of Department of Agriculture. (10) Equivalent Replacement: The replacement of a removed or damaged tree to compensate for that tree's removal or its damage either with one (1) tree the same diameter or a combination of smaller trees that will equal that removed tree's DBH as defined herein. The minimums established in the landscape code of the City of Opa-locka for tree planting may not count toward the equivalent replacement amount established here, except where replacement occurs on site. The replacement species shall be native trees as defined herein or trees of similar species to those removed as approved by the city manager or his designee. (11) Equivalent Value: An amount of money, which reflects the fair market value of the required replacement trees. The current market price of replacement trees shall be established by the Applicant's Arborist or Landscape Architect in tabular form,reviewed and approved by the city manager or his designee. (12) Land Clearing: The indiscriminate removal of trees, shrubs and/orundergrowth by stripping or any other process, with the intention of preparing real property for non-agricultural development purposes. This definition shall not include: the selective removal of non-native tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations. (13) Landscape Manual: Document modified by the Community Development Department pursuant to Article 7 of the land development code, which provides landscape standards and a suggested guide for landscaping in accordance with this Ordinance. (14) Native Tree: Tree of a species approved by the city manager or his designee or identified as native to this area by the Association of Florida Native Nurseries (FANN) as may be amended from time to time, and incorporated herein by reference and those listed in Article 7 of the City of Opa-locka Land Development Code. (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), 3 Cestrum diurnum (Day Blooming Jessamine), Jasminum dichotomum (Gold Coast Jasmine), Flacourtia indica(Governor's Plum), Colubrina asiatica(Lather Leaf), Leucaena leucocephala(Lead Tree), Ficus altissima(Lofty Fig), Hibiscus tiliaceus (Mahoe), Pennisetum purpureum (Napier Grass), Tribulus cistoides (Puncture Vine), Adenanthera pavonina (Red Sandalwood), Thespesia populnea (Seaside Mahoe), Ardisia elliptica (Shoebutton Ardisia), Solanum viarum (Tropical Soda Apple), Albizia lebbeck Woman's Tongue), Merremia tuberose (Woodrose) and which are exempt from this section, except for permit requirement as set forth herein. There shall be no cost for this permit. (16) Optional Cash Payment: Fee equal to the fair market value of the required replacement tree(s) which may be paid by the applicant after recommendation from city staff that replacement of trees on-site or off-site pursuant to subsection (F)herein, is not feasible (17) Prune: The removal of dead, dying, diseased, weak or objectionable branches in a manner consistent with the standards established in the USDA TREE OWNERS MANUAL. (18) Tree: Any living, self-supporting woody perennial plant at maturity attains a trunk diameter of at least three(3)inches or more when measured at a point four and one-half (41/2) feet above ground level and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. (19) Tree Credit: The utilization of native dicotyledons measured at inches DBH or native palm trees measured tree-for-tree as off-site replacement trees for sites being developed. These native trees must be planted after the date of this amendment. This credit only applies for a five-year period from date of planting of trees to be utilized for tree credit. This credit is for the inches at planting and is available only for off-site replacement (20) Tree-for-Tree Replacement: Replacing a removed tree with a tree or trees with a minimum of three(3)inches in cumulative trunk diameter at breast height (21) Tree Permit: Consists of the application and all necessary information relating to existing trees on site and proposed relocation, removal, dripline encroachment and barricading. Except for nuisance species, this permit shall not be approved prior to city approval of the underlying project. (22) Tree Relocation: To transplant a tree from one(1)location to another. (23) Tree Removal: To permanently remove the trunk and/or root system of a tree. (24) Tree Survey: A sealed survey prepared by a Florida licensed land surveyor and shall show, in addition to all boundary information, the exact location, size, botanical and common name, and diameter of all trees at least three(3) inches in diameter measured four and one-half(41/2) feet above ground level within the area affected by the development except that groups of nuisance trees as defined herein may be designated as "clumps," with the predominant type shown. The tree species noted on the tree survey shall be certified by a landscape architect. The expense of the survey shall be borne by the applicant. 4 (25) Trim: To reduce, shorten or diminish gradually a plant or parts of a plant without altering the natural shape. (26) Upholstery: The plant life existing under a tree canopy including ferns, bushes and groundcovers. (27) Undeveloped Land: Land which is unimproved, in that no principal building or structure has been constructed upon it. (B) Permit Required. A Tree Permit shall be required prior to any person natural or corporate, encroaching upon a tree dripline, or cutting down, destroying, removing, relocating or destructively damaging any tree or causing any tree to be encroached upon (within the tree's dripline), cut down, destroyed, removed or relocated or destructively damage. (1) Application for Tree Permit. The property owner or his authorized agent shall apply for a Tree Permit from the city manager or his designee, prior to any tree removal, relocation,or dripline encroachment. (a) This application shall be made on a form provided by the city manager or his designee, and approval shall result in the issuance of the Tree Permit. 1. The application shall include the following: a. Name, address and telephone number of those persons or entities who own the property and those persons or entities conducting the removal activities. b. A detailed written statement indicating the reasons for the clearing of land, dripline encroachment, removal, relocation or replacement of the trees and a proposal to replace or relocate removed or damaged trees and including the following: 1. The amount of land to be disturbed. 2. The method and equipment to be used. 3. The dates the clearing of land, dripline encroachment, removal, relocation or replacement of trees will take place. 4. Utilization of any tree credit. A tree planting credit agreement pursuant to this Ordinance, section 21 herein, as prepared by the city shall be required as a condition of utilizing this option. c Four (4) copies of a legible survey as defined herein drawn to one (1) inch equals to twenty (20) feet scale or to the largest practicable scale (as determined by the community development department), indicating the following: 1. Location of all existing structures including the building pad as defined herein, improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 5 2. Existing site elevations. 3. Location of existing utility services and all easements. 4. The name, common and botanical, size and location of all trees on the site specifically designated by number. The trees shall be tagged and identified consistently with the numbering system utilized on the tree survey. Groups of nuisance trees in close proximity may be designated as "clumps" of trees with the predominate type shown. 5. Required tree information shall be summarized in legend or tabular form on the plan. d. Four (4) copies of a legible site development plan drawn to one (1) inch equals twenty (20) feet scale or to the largest practicable scale indicating the following applicable items as determined by the Community Development Department: 1. Location of all proposed structures, improvement and site uses, properly dimensioned and referenced to property lines, setback and yard requirements. 2. Proposed site elevations, where any fill or excavation around existing trees is required. 3. Location of proposed or existing utility services in relation to trees. 4. The name, common and botanical, size and location of all trees on the site specifically designating by number the trees to be retained, removed, relocated or replaced. The trees shall be identified consistently with the numbering system utilized on the tree survey. Groups of nuisance trees in close proximity which are to remain may be designated as"clumps"of trees with the predominate type shown. 5. Location of all individual or group barricades. 6. Landscaping plan pursuant to section 201 herein. 7. Tree information required shall be summarized in tabular form on the plan and shall include the reason for the proposed clearing of land, removal,relocation or replacement. e. Dripline encroachment plan. A dripline encroachment plan shall be required if any construction, excavation, filling or other development activity will occur within the dripline of any trees. designated for preservation. 1. This plan shall include: A. Designation of each tree subject to any dripline encroachment. B. A written statement of the reasons for the encroachment. 6 C. A detailed statement of the proposed efforts to protect the tree from damage due to the encroachment, and to insure its survival. D. Should any tree die as a result of dripline encroachment, a plan and detailed reasons for any necessary removal or replacement of the tree shall be provided. 2. Trees within this plan are subject to the standards for tree protection during development detailed in this section. f. On-site representative required. The applicant for a tree removal permit on environmentally sensitive lands shall, at the time of application, designate an on-site representative who will be responsible for the installation and the maintenance of all vegetation protective barriers. The representative shall be responsible for supervising the removal of all existing vegetation permitted to be removed. The representative shall be on site at all times during the vegetation clearing operations. (b) Applications involving developed properties or properties not shown on the map of environmentally sensitive lands as defined herein may be based on drawings showing only that portion of the site directly involved and adjacent structures and landscaping and native vegetation incidental thereto. In such cases, a tree survey is not required. A tree sketch showing the approximate location(s)of all existing tree(s)with common and botanical name shall be provided instead. (2) Grant of Permit by City Manager or his Designee. The city manager or his designee shall grant a Tree Permit upon payment of a fee not to exceed the actual costs of processing the permit, the presentation of the application referenced above, and the presentation of a bond to the City of Opa-locka as described in section (G) herein. This permit shall not be effective until a site inspection has been requested and received by the property owner or his authorized agent, and approved by the city. (a) Criteria for Tree Permit. A Tree Permit shall be issued only after the city manager or his designee determines that existing natural features are being preserved to the maximum extent possible in the design of the improvement as defined in this Ordinance, and any of the following conditions exists. 1. For those trees within areas designated on the map of environmentally sensitive lands, over an acre in size, as defined herein, at least twenty-five (25) percent of the native trees are being preserved intact in contiguous land areas. This percentage shall be calculated from the number of native trees within the contiguous land area and shall be applicable to all site plans or plats approved after the effective date of this section. 2. The tree is a nuisance tree as defined in this section. For such removal, no other provisions of this section shall apply and no cost shall be assessed for this 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 7 where a structure or improvement is to be placed, or where it unreasonably restricts the use of the property. 4. The tree is diseased, injured, or irreparably damaged. For such removal,no other provisions of this section will apply. No cost shall be assessed for this permit. However, minimum landscaping requirements established within the land development code, Article 7, shall be met. 5. The tree is in danger of materially impairing the structural integrity of existing or proposed structures, interferes with utility service, or adversely affects sight distance triangles. 6. The tree is required to be cut down, destroyed, removed or relocated or destructively damaged by a county, state or federal law, or by rules promulgated by a county, state or federal agency. For such removal, no other provisions of this section will apply. No cost shall be assessed for this permit. (b) This permit, if approved, shall be granted for a maximum of six(6) months. (c) This permit shall be posted in a protected area and in a conspicuous place on the site. (d) A sign with the minimum dimension of two (2) feet by three (3) feet shall be posted along each roadway frontage of the site and shall be readable from the roadway and shall state: TREES ON THIS SITE BEING REMOVED ACCORDING TO PERMIT NO. PURSUANT TO CITY OF OPA-LOCKA CODE. For those permits not requiring tree removal, the sign may read: TREES ON THIS SITE BEING PROTECTED ACCORDING TO PERMIT NO. PURSUANT TO CITY OF OPA- LOCKA CODE. (C) Tree Permit Required as Condition to Tree Removal Pursuant to Development or Land Clearing. No person, natural or corporate, shall proceed with tree removal pursuant to development or land clearing on any improved, vacant or unimproved land, unless specifically exempted by this section, (including land designated for conservation by Miami-Dade County or the City of Opa-locka without a Tree Permit pursuant to this ordinance. (D) Tree Permit Review. Review of the Tree Permit plan shall be completed within fifteen (15) working days of receipt of that plan by the City of Opa-locka Community Development Department. (E) Criteria for Tree Permit Review. Approval of Tree Permits and replacement of tree(s) or the payment of the optional cash payment as defined herein shall be permitted if the city manager or his designee, after examination of the Tree Permit, determines that existing natural features as defined in this ordinance are being preserved to the maximum extent possible in the design of the improvement and that any of the following conditions exist: 8 (1) For those trees within areas designated on the map of environmentally sensitive lands, over an acre in size, as defined herein, at least twenty-five (25) percent of the native trees are being preserved intact in contiguous land areas. This percentage shall be calculated from the number of native trees within the contiguous land area and shall be applicable to all site plans or plats approved after the effective date of this section. (2) The tree is a nuisance tree as defined in this section. For such removal, no other provisions of this section will apply and no cost shall be assessed for this permit. (3) The tree is located in the building pad, street right-of-way, canal right-of-way, an area designated for line clearing, or a utility or drainage easement where a structure or improvement is to be placed or where it unreasonably restricts the use of the property. If certain trees outside the above areas must be removed to allow the operation of equipment, the site plan shall indicate the exact operation area needed, and provide for a replacement tree or trees. (4) The tree is diseased, injured, or destructively damaged as provided in subsection (J) herein. However, no replacement is necessary unless the removal of the diseased, injured or damaged tree causes the property to contain less than the minimum landscaping requirements. (5) The tree is in danger of materially impairing the structural integrity of existing or proposed structures, interferes with utility service, or adversely affects sight distance triangles. (6) The tree is required to be cut down, destroyed, removed or relocated or destructively damaged by a county, state or federal law, or by rules promulgated by a county, state or federal agency. (F) Tree removal and replacement. As a condition to this approval of a Tree Permit or for any tree removal pursuant to this section, the city shall require the applicant to relocate or replace a removed tree at his own expense. However such relocation or replacement must be within the project site. In the event that relocation or replacement of the tree or trees within the site is not practical as determined by the city manager or his designee, a tree may be removed to public lands, or private property approved by the city manager or his designee. (1) Replacement Trees. A removed tree must be replaced with its equivalent replacement in trees. This replacement tree shall be a type of species having shade potential and other positive values, as further described in the landscape manual as defined herein, at least equal to that of the tree being removed, and shall be a minimum of six (6) feet in height when planted. The planted tree shall be of native species as defined herein or others as approved by the city manager or his designee. However: (e) On lots to be developed for single-family, duplex, townhouse or zero lot line dwelling purposes, trees within the building pad defined herein, the individual driveway leading to that unit excluding circular drives shall be replaced on a tree-for-tree basis. 9 (f) Within multifamily development, trees within the building pad defined herein shall be replaced on a tree-for-tree basis. (g) Within nonresidential properties noted on the environmentally sensitive lands map, trees within the building pad as defined herein shall be replaced on a tree- for-tree basis. (2) Maintenance of Relocated and Replacement Trees. Trees must be relocated or replaced as specified by this section within sixty(60) days of the approval for tree removal; provided however, if the trees are to be removed to facilitate construction or development activities, said relocation or replacement must be completed prior to the issuance of certificate of occupancy on the construction, development site or phase of development, as applicable. The trees to be relocated or replaced on-site or off-site private property must be maintained in a healthy growing condition and guaranteed for a period of at least one (1) year. Trees to be relocated or replaced on public property must be guaranteed. The guarantee period shall end one (1) year from the date of installation or at acceptance by city staff(whichever is earlier)of any relocated or replaced trees. (3) Optional Cash Payment. An optional cash payment equal to the fair market value of the required replacement tree(s) paid by the applicant after recommendation from city staff that replacement of trees on-site pursuant to this subsection is not feasible. (4) Tree Credit. Credit shall be given for the off-site planting of trees meeting the definition of equivalent, replacement at the time of planting against any off-site tree replacement required by this section in accordance with the following terms and condition: (a) Credit will be given for those trees planted after the adoption of this section (in excess of tree planting required by the land development code against any tree replacement requirements for tree removal on any property within the city. (b) This credit only applies for a five-year period from the date of planting of trees to be utilized for the tree credit. (c) A tree planting credit agreement must be executed by the person requesting such credit on a form approved by the city specifying the numbers and location of such trees for which credit is sought. (tree planting agreement needed) This agreement will specify who may utilize the credit and for which properties. The city official responsible for issuing Tree Permits shall maintain the records of how much credit is currently available in the name of the person receiving such credit. This record shall include the name of the individual authorized to use such credit, the location where the credit is used, the amount of credit used, and the resulting balance of credit available. (G) Bond for Tree Relocation, Replacement, or Dripline Encroachment. A bond shall be held by the City of Opa-locka for one (1) year to insure tree replacement in the event that tree relocation or dripline encroachment results in the death of any tree subject to a Tree Permit or for any tree damaged or destroyed in any pre-development or development activities such as surveying. Such bond amount shall be assessed at the fair market value of the required replacement tree(s) or for tree replacement which cannot be effected prior to issuance of a certificate of occupancy for the underlying 10 project. If the developer/builder desires, it may employ a landscape architect to supply revised bonding amounts for city review and approval if the landscape architect determines that the trees or palms subject to relocation or dripline encroachment are unlikely to die as a result of the pre-construction or construction activities. Tree bond amounts of under one thousand five hundred dollars ($1,500.00) are to be guaranteed through a letter of guarantee rather than through a posting of a cash bond. (H) Tree Trust Fund (1) Establishment. A tree trust fund (hereinafter referred to as the Opa-locka Tree Preservation Account or the "trust")is hereby established as a depository for tree removal fees and penalty monies. Such monies shall be placed in an interest bearing account solely for the purpose of funding tree replacement on public property within the City of Opa-locka. (2) Term of Existence. The Opa-locka Tree Preservation Account shall be self- perpetuating from year to year unless specifically terminated by the city commission. (3) Trust Assets. All monies received pursuant to the provisions of this section from public or private concerns shall be placed in trust for an inure to the use and benefit of the City of Opa-locka and its successors and assigns in interest. (4) Trust Administration. (a) Trust funds shall be expended, utilized and disbursed only for the purposes designated by the city commission of the City of Opa-locka to administer its tree preservation program pursuant to this section. (b) The trust shall be a separate account established and maintained apart from the general revenue funds and accounts of the City of Opa-locka. (c) Monies obtained pursuant to this section may be accepted on behalf of the City of Opa-locka by the city manager or his designee, and upon receipt shall be delivered to the City of Opa-locka department of finance, which shall cause the same to be credited to the trust. (5) Disbursal 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. 12 (3) Other Required Protection of Trees and Understory. Developer shall protect the trees and understory plants designated for preservation in the approved Tree Permit from chemical poisoning, excavation and grade changes to at least the following minimum standards: (a) Utility line trenches. Utility line trenches shall be routed away from trees to an area outside the dripline to the maximum extent possible. (b) Grade changes. Retaining walls and dry wells shall be utilized where needed to protect trees from severe grade changes. For shallow fills, the fill material shall be gently sloped down to the level of the tree roots leaving the tree in a depression larger than the spread of its crown. (c) Parking on site during construction or development activities. No parking, vehicle maintenance, storage of construction materials or debris, or cleaning of equipment shall take place within areas marked for preservation specifically including, but not limited to, within the dripline of any individual trees. 1. Parking and storage areas. The developer or contractor shall establish regular parking and storage areas under the supervision of the city to facilitate compliance with the above standard. (d) Encroachment. Encroachment into any barricaded area shall be forbidden with the exception of activities specifically permitted by the approved Tree Permit including dripline encroachment plan as established herein. (4) Pruning of Trees and Vegetation. The developer shall be permitted to cut or prune branches and roots of trees designed for preservation, only under the supervision of the city manager or his designee. (in accordance with the approved permit) (a) Standards where permitted. The standards for pruning as established by the American National Standards Institute (ANSI A-300) and as outlined in the USDA landscape manual shall be utilized in the pruning of trees within the City of Opa-locka. (5) Root System Protection. The root systems of trees shall be protected as follows: (a) Excavation within the dripline. The city manager or his designee may approve a dripline encroachment plan, upon an applicant's request to excavate within the dripline of a tree, as part of a Tree Permit. (b) Standards for root protection. The city manager or his designee may establish additional standards for root protection consistent with this section. 1. Root exposure standards. If roots are exposed, the developer shall provide temporary earth cover mixed with peat moss and wrapped with burlap to prevent exposed roots from drying out before permanent backfill is placed. 2. Support of tree or root system. The developer shall also water, maintain in moist condition, and otherwise temporarily support and protect the tree or root from damage until the tree or root is permanently covered with earth. 13 (c) Protection of the tree root system. The developer shall protect tree root systems from damage due to noxious materials in solution caused by runoff, or spillage during mixing and placement of construction materials, or drainage from stored materials. The developer shall also protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations. (6) Stormwater Runoff Whenever possible, stormwater runoff shall be directed into any cypress area contained on site. Prior to entering in the cypress area, all runoff must be filtered through vegetated swales or vegetated berms. (7) Trees Damaged During Construction. The developer shall have trees damaged by construction repaired by a professional arborist in a manner acceptable to the city. (a) Immediate notification of city. The city manager or his designee must be notified immediately after any damage to any tree damaged by construction operations. (b) Prompt repair. Such repairs as necessary shall be made promptly after damage occurs to prevent progressive deteriorations of damaged trees. (c) Removal and replacement of damaged trees. The developer shall remove trees which are determined by the city manager or his designee to be incapable of restoration to normal growth pattern. Such trees shall be subject to replacement under the provisions of this section. (d) Any tree designated for preservation which is damaged by development activities in violation of this section (not including bonded trees in a dripline encroachment plan) under this subsection and which dies as a result of this damage shall be subject to the tree replacement or removal requirements contained herein except that these requirements may use ABH instead of DBH as defined herein to calculate the equivalent value or equivalent replacement for the dead tree. (I) (J) Exemptions. (1) Damaged Trees. Trees destructively damaged or destroyed by an act of God or an act of war are exempt from this section. (2) Governmental Entities. Any fees or bonding requirements required by this section do not apply to agencies of the federal, state, county and local government including the school board. (3) Utilities. Any fees or bonding requirements required by this section do not apply to utilities. Utilities are exempt from the inch-for-inch tree replacement requirements herein set forth and shall replace on a tree-for-tree basis. (4) Licensed Plant and Tree Nurseries. Licensed plant and/or tree nurseries shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on site for wholesale and/or retail sale purposes in the ordinary course of said licensee's business. (5) Governmental and Private Nurseries. All governmental and private nurseries with respect to trees which have been planted and are growing for future relocation; are exempt from this section. 14 (6) Developed Single-Family and Duplex Properties Including Townhouse and Zero Lot Line Development. Owner occupied developed single-family and duplex properties including townhouse and zero lot line development not included in the map of environmentally sensitive lands as designate for conservation are exempt from the provisions of this section. (7) Emergency Conditions. During emergency conditions caused by a hurricane or other disaster, or to protect the public safety, the provisions of this section may be suspended by direction of the city manager. (8) Nuisance Trees. Nuisance trees as defined herein are exempt from the provisions of this section except for the requirement to obtain a permit prior to their removal. However no fee shall be assessed for this permit. (9) Miami-Dade County Trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state or local agencies to regionally significant roadways as identified on the Miami-Dade County Trafficways Plan are exempt from the replacement requirements established herein. However, this shall not exempt those roadways from receiving a Tree Permit. Regionally significant roadways as identified on the Miami-Dade County Trafficways Plan shall include: (FDOT Trafficways Plan) NW 27th Avenue NW 135th Street NW 37th Avenue/Douglas RD NW 42nd Avenue/LeJeune RD NW 22nd Avenue (10) City Trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state and local agencies to city trafficways as specified in the Municipal Code are exempt from replacement requirements established herein. However, this shall not exempt those roadways from receiving a Tree Permit. (11) Small Trees. Trees less than three (3) inches in diameter as measured four and one-half(41/2) feet from grade are exempt from the provisions of this section. (12) Planted Trees. Trees planted on vacant residential property may be relocated or subjected to dripline encroachment prior to the issuance of a certificate of occupancy for a principal building on the property without a permit. All tree removal shall require a permit pursuant to this section. However, for trees planted in designated buffer or landscape parcels or strips any relocation, replacement, or dripline encroachment occurring after one(1) year after planting shall require a permit pursuant to this section. (K) Tree Variance. (1) [Generally.] The City of Opa-locka recognizes that the regulations provided within this section may not address all situations relating to tree protection and 15 (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 9 city manager or his designee, a tree may be removed to public lands, or private property approved by the city manager or his designee. (1) Replacement Trees. A removed tree must be replaced with its equivalent replacement in trees. This replacement tree shall be a type of species having shade potential and other positive values, as further described in the landscape manual as defined herein, at least equal to that of the tree being removed, and shall be a minimum of six (6) feet in height when planted. The planted tree shall be of native species as defined herein or others as approved by the city manager or his designee. However: (a) On lots to be developed for single-family, duplex, townhouse or zero lot line dwelling purposes, trees within the building pad defined herein, the individual driveway leading to that unit excluding circular drives shall be replaced on a tree-for-tree basis. (b) Within multifamily development, trees within the building pad defined herein shall be replaced on a tree-for-tree basis. (c) Within nonresidential properties noted on the environmentally sensitive lands map, trees within the building pad as defined herein shall be replaced on a tree-for-tree basis. (2) Maintenance of Relocated and Replacement Trees. Trees must be relocated or replaced as specified by this section within sixty(60) days of the approval for tree removal; provided however, if the trees are to be removed to facilitate construction or development activities, said relocation or replacement must be completed prior to the issuance of certificate of occupancy on the construction, development site or phase of development, as applicable. The trees to be relocated or replaced on-site or off-site private property must be maintained in a healthy growing condition and guaranteed for a period of at least one (1) year. Trees to be relocated or replaced on public property must be guaranteed. The guarantee period shall end one(1) year from the date of installation or at acceptance by city staff(whichever is earlier) of any relocated or replaced trees. (3) Optional Cash Payment. An optional cash payment equal to the fair market value of the required replacement tree(s) paid by the applicant after recommendation from city staff that replacement of trees on-site pursuant to this subsection is not feasible. (4) Tree Credit. Credit shall be given for the off-site planting of trees meeting the definition of equivalent,replacement at the time of planting against any off-site tree replacement required by this section in accordance with the following terms and condition: (a) Credit will be given for those trees planted after the adoption of this section in excess of tree planting required by the land development code 10 against any tree replacement requirements for tree removal on any property within the city. (b) This credit only applies for a five-year period from the date of planting of trees to be utilized for the tree credit. (c) A tree planting credit agreement must be executed by the person requesting such credit on a form approved by the city specifying the numbers and location of such trees for which credit is sought. This agreement will specify who may utilize the credit and for which properties. The city official responsible for issuing Tree Permits shall maintain the records of how much credit is currently available in the name of the person receiving such credit. This record shall include the name of the individual authorized to use such credit, the location where the credit is used, the amount of credit used, and the resulting balance of credit available. (G) Bond for Tree Relocation, Replacement, or Dripline Encroachment. A bond shall be held by the City of Opa-locka for one (1) year to insure tree replacement in the event that tree relocation or dripline encroachment results in the death of any tree subject to a Tree Permit or for any tree damaged or destroyed in any pre- development or development activities such as surveying. Such bond amount shall be assessed at the fair market value of the required replacement tree(s) or for tree replacement which cannot be effected prior to issuance of a certificate of occupancy for the underlying project. If the developer/builder desires, it may employ a landscape architect to supply revised bonding amounts for city review and approval if the landscape architect determines that the trees or palms subject to relocation or dripline encroachment are unlikely to die as a result of the pre-construction or construction activities. Tree bond amounts of under one thousand five hundred dollars ($1,500.00) are to be guaranteed through a letter of guarantee rather than through a posting of a cash bond. (H) Tree Trust Fund (1) Establishment. A tree trust fund (hereinafter referred to as the Opa-locka Tree Preservation Account or the "trust") is hereby established as a depository for tree removal fees and penalty monies. Such monies shall be placed in an interest bearing account solely for the purpose of funding tree replacement on public property within the City of Opa-locka. (2) Term of Existence. The Opa-locka Tree Preservation Account shall be self- perpetuating from year to year unless specifically terminated by the city commission. (3) Trust Assets. All monies received pursuant to the provisions of this section from public or private concerns shall be placed in trust for an inure to the use and benefit of the City of Opa-locka and its successors and assigns in interest. (4) Trust Administration. 11 (a) Trust funds shall be expended, utilized and disbursed only for the purposes designated by the city commission of the City of Opa-locka to administer its tree preservation program pursuant to this section. (b) The trust shall be a separate account established and maintained apart from the general revenue funds and accounts of the City of Opa-locka. (c) Monies obtained pursuant to this section may be accepted on behalf of the City of Opa-locka by the city manager or his designee, and upon receipt shall be delivered to the City of Coral Springs department of finance, which shall cause the same to be credited to the trust. (5) Disbursal of Assets (a) Expenditures of over ten thousand dollars ($3,500.00) shall require approval of the city commission of the City of Coral Springs. (b) The city commission of the City of Coral Springs shall make expenditures for planting of trees in accordance with land development code provisions pertaining to contracting and purchasing. The city commission shall have control over the disbursement of these monies provided; however, that any such disbursement shall be coordinated with the city manager. (c) Trust funds shall be used to obtain trees, landscaping, sprinkler systems and any other items or materials necessary and proper for the preservation, maintenance, relocation or restoration of tree ecosystems, on any public land in the City of Opa-locka. With city commission approval, these monies may also be utilized to engage support elements, such as landscape architects and additional personnel if deemed necessary in the opinion of the city manager. These monies may also be used to cover the expense of relocation of trees in the City of Opa-locka. (I) Standards for Tree Protection during Development. The following are minimum standards necessary to protect trees designated for preservation from damage during development activities after the Tree Permit has been approved. (1) Protection of Existing Trees. Prior to any clearing of improved, vacant or unimproved land unless specifically exempted from this section(including land designated for conservation by Miami-Dade County of the City of Opa-locka), trees to be preserved (as designated in the Tree Permit approved by the city manager or his designee including any surveying or similar pre-development activity) shall have barriers constructed around them by the developer to prevent physical damage from heavy equipment and other activities incidental to development. Required barriers shall be subject to inspection by the city as a condition of permit approval and prior to any such clearing. (a) Barriers or barricades. The barriers or barricades shall be: 1. Large enough to include the entire area inside the outer edge or dripline of the tree; and 12 2. Conspicuous enough and high enough to be seen easily by operators of trucks and other equipment; and 3. Constructed of sturdy scrap wood (four-by-four stock), or other sturdy material (not flagging or ribbons) as approved by the director of planning based on professional judgment that the intent of this provision shall be met. 4. Constructed as a condition of, the issuance of any land clearing, building or other development permit and prior to any construction or other development activities and required to remain in place throughout the construction period. Barriers or barricades shall be completely removed from the site at the end of the construction period, (immediately prior to the issuance of a certificate of occupancy by the City of Opa-locka Building Department) unless otherwise stipulated in the approved tree preservation plan. (2) Clearing Trees and Vegetation. (a) Clearing by hand. Within the dripline of trees designated for preservation, only clearing by hand is permissible, unless otherwise stipulated in the approved Tree Permit. (b) Storage. Trees and vegetation cleared during construction or other development activities shall be stored in an area designated by the city manager or his designee with the grant of a Tree Permit. (c) Removal. All trees and vegetation cleared and stored pursuant to this section shall be removed within two (2) weeks after completion of the clearing. (3) Other Required Protection of Trees and Understory. Developer shall protect the trees and understory plants designated for preservation in the approved Tree Permit from chemical poisoning, excavation and grade changes to at least the following minimum standards: (a) Utility line trenches. Utility line trenches shall be routed away from trees to an area outside the dripline to the maximum extent possible. (b) Grade changes. Retaining walls and dry wells shall be utilized where needed to protect trees from severe grade changes. For shallow fills, the fill material shall be gently sloped down to the level of the tree roots leaving the tree in a depression larger than the spread of its crown. (c) Parking on site during construction or development activities. No parking, vehicle maintenance, storage of construction materials or debris, or cleaning of equipment shall take place within areas marked for preservation specifically including, but not limited to, within the dripline of any individual trees. 13 1. Parking and storage areas. The developer or contractor shall establish regular parking and storage areas under the supervision of the city to facilitate compliance with the above standard. (d) Encroachment. Encroachment into any barricaded area shall be forbidden with the exception of activities specifically permitted by the approved Tree Permit including dripline encroachment plan as established herein. 4) Pruning of Trees and Vegetation. The developer shall be permitted to cut or prune branches and roots of trees designed for preservation, only under the supervision of the city manager or his designee. (a) Standards where permitted. The standards for pruning as established by the American National Standards Institute (ANSI A-300) and as outlined in the landscape manual shall be utilized in the pruning of trees within the City of Coral Springs. (5) Root System Protection. The root systems of trees shall be protected as follows: (a) Excavation within the dripline. The city manager or his designee may approve a dripline encroachment plan, upon an applicant's request to excavate within the dripline of a tree, as part of a Tree Permit. (b) Standards for root protection. The city manager or his designee may establish additional standards for root protection consistent with this section. 1. Root exposure standards. If roots are exposed, the developer shall provide temporary earth cover mixed with peat moss and wrapped with burlap to prevent exposed roots from drying out before permanent backfill is placed. 2. Support of tree or root system. The developer shall also water, maintain in moist condition, and otherwise temporarily support and protect the tree or root from damage until the tree or root is permanently covered with earth. (c) Protection of the tree root system. The developer shall protect tree root systems from damage due to noxious materials in solution caused by runoff, or spillage during mixing and placement of construction materials, or drainage from stored materials. The developer shall also protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations. (6) Stormwater Runoff. Whenever possible, stormwater runoff shall be directed into any cypress area contained on site. Prior to entering in the cypress area, all runoff must be filtered through vegetated swales or vegetated berms. 14 (7) Trees Damaged During Construction. The developer shall have trees damaged by construction repaired by a professional arborist in a manner acceptable to the city. (a) Immediate notification of city. The city manager or his designee must be notified immediately after any damage to any tree damaged by construction operations. (b) Prompt repair. Such repairs as necessary shall be made promptly after damage occurs to prevent progressive deteriorations of damaged trees. (c) Removal and replacement of damaged trees. The developer shall remove trees which are determined by the city manager or his designee to be incapable of restoration to normal growth pattern. Such trees shall be subject to replacement under the provisions of this section. (d) Any tree designated for preservation which is damaged by development activities in violation of this section (not including bonded trees in a dripline encroachment plan) under this subsection and which dies as a result of this damage shall be subject to the tree replacement or removal requirements contained herein except that these requirements may use ABH instead of DBH as defined herein to calculate the equivalent value or equivalent replacement for the dead tree. (J) Exemptions. (1) Damaged Trees. Trees destructively damaged or destroyed by an act of God or an act of war are exempt from this section. (2) Governmental Entities. Any fees or bonding requirements required by this section do not apply to agencies of the federal, state, county and local government including the school board. (3) Utilities. Any fees or bonding requirements required by this section do not apply to utilities. Utilities are exempt from the inch-for-inch tree replacement requirements herein set forth and shall replace on a tree-for-tree basis. (4) Licensed Plant and Tree Nurseries. Licensed plant and/or tree nurseries shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on site for wholesale and/or retail sale purposes in the ordinary course of said licensee's business. (5) Governmental and Private Nurseries. All governmental and private nurseries with respect to trees which have been planted and are growing for future relocation; are exempt from this section. (6) Developed Single-Family and Duplex Properties Including Townhouse and Zero Lot Line Development. Owner occupied developed single-family and duplex properties including townhouse and zero lot line development not included in the map of environmentally sensitive lands as designate for conservation are exempt from the provisions of this section. 15 (7) Emergency Conditions. During emergency conditions caused by a hurricane or other disaster, or to protect the public safety, the provisions of this section may be suspended by direction of the city manager. (8) Nuisance Trees. Nuisance trees as defined herein are exempt from the provisions of this section except for the requirement to obtain a permit prior to their removal. However no fee shall be assessed for this permit. (9) Miami-Dade County Trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state or local agencies to regionally significant roadways as identified on the Miami-Dade County Trafficways Plan are exempt from the replacement requirements established herein. However, this shall not exempt those roadways from receiving a Tree Permit. Regionally significant roadways as identified on the Miami-Dade County Trafficways Plan shall include: NW 27th Avenue NW 135th Street NW 37th Avenue/Douglas RD NW 42nd Avenue/LeJeune RD NW 22nd Avenue NW 151st Street/Oriental Boulevard (South Section) (10)City Trafficways. Planned roadway improvements (including all necessary accessory appurtenances to the roadway improvement such as traffic signals and lighting) authorized by appropriate federal, state and local agencies to city trafficways as specified in the Municipal Code are exempt from replacement requirements established herein. However, this shall not exempt those roadways from receiving a Tree Permit. (11)Small Trees. Trees less than three (3) inches in diameter as measured four and one-half(41/2) feet from grade are exempt from the provisions of this section. (12)Planted Trees. Trees planted on vacant residential property may be relocated or subjected to dripline encroachment prior to the issuance of a certificate of occupancy for a principal building on the property without a permit. All tree removal shall require a permit pursuant to this section. However, for trees planted in designated buffer or landscape parcels or strips any relocation, replacement, or dripline encroachment occurring after one (1) year after planting shall require a permit pursuant to this section. K) Tree Variance. (1) [Generally.] The City of Opa-locka recognizes that the regulations provided within this section may not address all situations relating to tree protection and conservation. The city commission, therefore, may grant variances upon the recommendation of the planning and zoning board, from the provisions of this section upon the filing of an application with the planning department. 16 (2) Standards. A variance shall be granted if the city commission, after a public hearing, determines that all of the following facts and conditions exist: (a) That there are unique and special circumstances or conditions applying to the property in question that do not generally apply to other properties in the same zoning district. (b) That the applicant did not cause the unique and special circumstances or conditions above, nor are these circumstances or conditions the result of mere ignorance or disregard of the provisions from which relief is sought. (c) That the literal interpretation of the land development code section will result in an undue hardship to the applicant; and that such hardship is not self-created by any person having an interest in the property nor is a result of mere ignorance or disregard of the provisions from which relief is sought. (d) That the strict application of the land development code section will deprive the applicant of reasonable use of the property for which the variance is sought. (e) That the variance sought is the minimum variance which makes possible the reasonable use of the property. (3) Application; Fees. (a) Applications for tree variance shall (i) be in writing on a form furnished by the city; (ii) be accompanied by a fee in an amount sufficient to reimburse the city for all administrative expenses associated with each tree variance request; and (iii) state with specificity the grounds upon which the tree variance request is based and include all details (with exhibits when necessary) available to the petitioner to support petitioner's request. If the application is complete as determined by the planning department, it shall be placed on the agenda of the planning and zoning board within thirty (30) working days of the determination. Complete as stated herein means that the petition and supporting documents have addressed all applicable sections of the prescribed application and that those sections and supporting documents are sufficient in comprehensiveness of data or in quality of information provided. (b) The application shall be scheduled before the planning and zoning board as a public hearing item. Upon the recommendation of the planning and zoning board the item shall be scheduled before the city commission as a public hearing item. The public shall be given notice of each hearing according to the procedure outlined in section 127 of the land development code. (4) Procedure Before the Planning and Zoning Board. (a) Upon public hearing, the planning and zoning board shall first hear the recommendation of the city administration as to the tree variance 17 application. Next, the board shall receive the presentation of the petitioner, and finally, the board shall open the hearing to the public for comments from all interested citizens. (b) In making its presentation the applicant must assume the burden of demonstrating to the board, by substantial competent evidence, support for each position or finding required by subsection (2) for tree variance approval. (c) At the conclusion of the public hearing, the board shall make a recommendation to the city commission on whatever action the board deems to be in the public interest, inclusive of recommending either approval or denial and, where appropriate, conditions which may be imposed upon the tree variance granted. The findings and recommendations of the planning and zoning board shall be placed on the agenda of the city commission no later than thirty (30) days after the board's action. (5) Procedure before the City Commission. (a) Upon public hearing, the city commission shall first hear the recommendation of the city administration including the recommendations of the planning and zoning board as to the tree variance application in question. Next, the commission shall receive the presentation of the petitioner, and finally, the commission shall open the hearing to the public for comments from all interested citizens. (b) In making its presentation the petitioner must assume the burden of demonstrating to the commission, by substantial competent evidence, support for each position or finding required by subsection (2) for tree variance approval. (c) At the conclusion of the public hearing, the commission shall take whatever action is deemed to be in the public interest, inclusive of tabling the request in order to receive additional information. If the application is denied or granted, however, the commission shall state the basis for either approval or denial and, where appropriate, conditions which may be imposed upon the tree variance granted. (L) Appeals to City Commission. (1) Any citizen may appeal any decision of the city manager or his designee in the enforcement of any term or provision of this section to the city commission by filing within thirty (30) days after the date of decision, a written notice of appeal with the city manager. This notice of appeal shall set forth precisely the decision appealed from and the reasons or grounds for the appeal. (2) The enforcement agency may immediately issue a stop work order for only that work which could be affected by the subject appeal, pending final disposition of the appeal by the city commission. 18 (3) The city commission shall hear and consider all facts material to the appeal and render a decision within forty-five (45) days of the filing of the appeal. The city commission may affirm, modify or reverse the decision appealed from, provided that the city commission shall not take any action which conflicts with or nullifies any of the provisions of this section. The decision of the city commission shall constitute final administrative review and no petition for rehearing or reconsideration shall be considered. M. Enforcement. (1) [Generally.] The city manager or the city manager's designee shall enforce the provisions of this section. (2) Individual enforcement. Each violation of this section or any of its subsections is deemed a separate and distinct infraction of the land development code. Each tree to be protected may be the subject of individual enforcement. (3) Strict liability of owner. The owner of any property where a tree or trees have been cut down, destroyed, removed, relocated or destructively damaged shall be held strictly liable for a violation of this section unless it can be proven that the damage was caused by: (a) An act of God; (b) An act of war; (c) Development activities on the property pursuant to an approved Tree Permit; or (d) (The owner alleges that the damage was caused by vandals or trespassers and the owner of the property has filed a police report for the incident and had taken reasonable security measures to prevent unauthorized access to the property. (4) Stop-Work Order. The enforcement agency shall immediately issue an order to cease and desist any work being carried out in violation of this section or any permit conditions promulgated under this section. Upon notice of such violation, no further work shall take place until appropriate remedial action is instituted, as determined by the enforcement agency. (5) Other Enforcement. Nothing in this section shall prohibit the city from enforcing this section by other means. N) Penalties. (1) Fine and Replacement. Each violation of this section shall be punishable in a court of competent jurisdiction by a fine of no more than five hundred dollars ($500.00) plus the cost of replacement of the trees removed from the site, the costs associated with investigation and prosecution together with any equitable remedies deemed reasonable and proper by the court (cost of replacement tree in this context may be measured utilizing up to the removed tree's ABH to determine its value or other such measures as deemed appropriate by the 19 court). The removal, relocation or destruction, including dripline encroachment, of each tree for which a Tree Permit is required in violation of this section shall constitute a separate offense under this section. (2) Withholding or Revocation of City Permits. Failure of any party to follow the procedures as required by this section shall constitute grounds for withholding or revoking site plan approval, building permits, occupancy permits or any other appropriate approvals necessary to continue development. Such extraordinary sanctions, however, shall be instituted immediately upon the direction of the city manager and with the ratification of the city commission at its next regular or special meeting. This ratification shall be considered a public hearing at which all interested parties shall have notice and an opportunity to be heard and to be represented by legal counsel. (3) After the Fact Tree Permit. In cases where tree removal is carried out without the necessary permit under the terms and conditions of this section, the property owner shall be required to make application for an after-the-fact Tree Permit. Application fee shall be triple the regular application fee. The city manager or his designee may grant an after-the-fact Tree Permit only if he finds that the same application would have rightfully been approved prior to removal of the tree(s) and that each tree destroyed is to be replaced by trees of equal or greater equivalent replacement value. Such replacement trees shall be located on the subject site wherever practical, or they may be required to be located on off-site private or public property. Such replacement shall be assured by a cash bond. If the conditions for an after-the-fact Tree Permit are not fulfilled, the case shall be referred to the city attorney's office for appropriate action under this section. Section 3. Contractors to post bond for removal of trash following completion of construction. (a) A cash bond in the amount of two hundred dollars ($200.00) shall be posted with the office of the building inspector of the City of Opa-locka by all builders wishing to construct within the city either a single family unit, or a commercial unit of less than five thousand (5,000) square feet to ensure the removal of all trash within a period of five (5) days after construction has been completed and before a certificate of occupancy is issued, and to cover any damage done to public or private property which was caused by the construction. (b) For those builders constructing multiple units, dwelling or commercial, there will be a cash bond required in the amount of two hundred dollars ($200.00) plus ten dollars ($10.00) for every additional dwelling unit within the structure, or in instances of commercial units, ten dollars ($10.00) for each additional one thousand (1,000) square feet. (c) In no event, however, shall the city pursuant to the authority provided in subsections (a) and (b), supra, collect trash deposits in excess of one thousand dollars ($1,000.00) from any one person, natural or corporate. 20 (d) In the event that monies posted pursuant to this section are not utilized for trash cleanup and are therefore refundable to the individual and/or corporation posting said bond, and further in the event that said individual or corporation does not request a refund of said monies, the City of Opa-locka shall: (1) Make diligent inquiry as to the location of the individual and/or corporation so as to effect a proper refund, and (2) Retain said monies for a period of twelve (12) months from the date that a certificate of occupancy is issued on the structure for which the bond was posted. In the event, however, that no one individual or corporation requests a refund of a trash bond so deposited and further in the event that diligent inquiry by the City of Opa-locka fails to discover the location and/or address of the individual so entitled to said refund, then upon the expiration of twelve (12) months from the date of the issuance of the certificate of occupancy for which the trash bond was posted by an individual or corporation, the City of Opa-locka shall remit all monies to the state pursuant to Chapter 717 Florida Statutes, as amended from time to time, and any other applicable statutes, as amended from time to time. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. The ordinance shall become effective in the manner provided by law. SECTION 6. The ordinance shall, upon adoption, be codified in the City of Opa-locka Code of Ordinances. ADOPTED AND PASSED ON THIS 24th DAY OF February, 2010. l • • OR 21 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 22