HomeMy Public PortalAbout2013-02 Amending Chapter 30 Zoning and Land Development Regulations re to Tree Removal Permit RegulationsORDINANCE NO. 2013 -2
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 30 "ZONING AND LAND
DEVELOPMENT REGULATIONS" BY AMENDING
ARTICLE IX "LANDSCAPE REGULATIONS," SECTION 30-
235, RELATING TO TREE REMOVAL PERMIT
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution, and Chapter 166,
Florida Statutes, the Village of Key Biscayne (the "Village") is authorized to protect the public
health, safety and welfare of its residents and has the power and authority to enact regulations for
valid governmental purposes that are not inconsistent with general or special law; and
WHEREAS, the Village currently has regulations relating to tree plantings and the removal,
relocation and replacement of trees within the Village; and
WHEREAS, in addition to the Village's tree regulations, property owners are also required
to comply within Chapter 24, Article IV, Division II of the Miami -Dade County Code of Ordinances
relating to trees and removal; and
WHEREAS, the Village Council finds it necessary to periodically necessary amend its Code
of Ordinances ("Code") in order to update regulations and procedures to implement planning goals
and objectives; and
WHEREAS, the Village Council recognizes that current regulations do not adequately
address various circumstances under which trees might be removed from private properties or
provisions for replacement of trees that are removed; and
WHEREAS, for the foregoing reasons, the Village Council desires to amend relevant
standards and criteria within the Code relating to the removal of trees on private properties and their
replacement; and
WHEREAS, the Village Council, sitting in its capacity as the Local Planning Agency, has
reviewed this Ordinance and recommends approval; and
WHEREAS, the Village Council finds that the changes within this Ordinance meet the
applicable review criteria set forth in Section 30-71(b) of the Code; and
WHEREAS, the Village Council finds that the adoption of this Ordinance is in the best
interest of the residents of the Village.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS':
Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative
intent of this Ordinance.
Section 2. Section 30-235 of the Village Code Amended. That Section 30-235 of the
Code of Key Biscayne, Florida, is hereby amended to read as follows:
Sec. 30-235. Tree removal permit.
(a) Tree removal permit required. No Person shall cut down, destroy, remove,
relocate, destructively damage or cause to be cut down, destroyed, removed,
relocated or destructively damaged any tree without first obtaining a permit from the
Village.
The issuance of a tree removal permit from the Village shall require proof that a
permit has been obtained from the Miami -Dade County Department of Resource
Management, if such permit is required by Division 2 "Tree Preservation and
Protection" of Chapter 24 of the Miami -Dade County Code of Ordinances, as may
be amended from time to time.
(1) Schinus terebinthifolius (Brazilian Pepper/Florida Holly)
(2) Metopium toxiferum (Poison Wood)
(3) Casurina equisetifolia (Australian Pine)
Coding: underlined words are additions to existing text, sl.u,, uuugh words are deletions from existing text.
Hightlighted words are changes made between First and Second Reading.
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(4) Melaleuca Quinquenervia (Melaleuca)
(5) Araucaria Heterophylal (Excelsa, Northfolk Island Pine)
(6) Brassaia Actinophylla (Schefflera)
(b) Permit Fee. The Village Council shall establish a fee for tree removal permits.
However, no fee shall be charged for a permit to remove the following: a tree listed
(1) Schinus terebinthifolius (Brazilian Pepper/Florida Holly)
(2) Metopium toxiferum (Poison Wood)
(3) Casurina equisetifolia (Australian Pine)
(4) Melaleuca Quinquenervia (Melaleuca)
(5) Araucaria Heterophylal (Excelsa, Norfolk Island Pine)
(6) Brassaia Actinophylla (Schefflera)
(7) Bischofia javanica (bishopwood).
(8) Ricinus communis (castorbean).
(9) Psidium guajava (guava).
(10) Albizia lebbek (woman's tongue).
(11) Acacia auriculaeformis (earleaf acacia).
(12) Adenanthera pavonina (red sandalwood).
(13) Cupaniopsis anacardioides (carrotwood).
(14) Dalbergia sissoo (Indian dalbergia, sissoo).
(15) Ficus microcarpa (=R. nitida: =F. retusa varnitida) (laurel fig).
(16) Flacourtia indica (governor's plum).
(17) Hibiscus tiliaceus (mahoe).
(18) Leucaena leucocephala (lead tree).
(19) Mimosa pigra (catclaw mimosa).
(20) Thespesia populnea (seaside mahoe).
(21) A dead or fatally diseased tree, which meets the requirements of
subsection (d)(7) below.
(22) A tree that has a chronic pest infestation or other persistent harmful
condition, which meets the requirements in subsection (d)(8) below.
(23) A tree causing substantial damage to hardscape features or structures,
which meets the requirements in subsection (d) (9) below.
(c) Application. The Tree Removal Permit Application shall contain the following
information:
(1) Location of the tree to be removed.
(2) A survey of the property showing the Buildings, Easements, utility
services.
(3) The-Building7Zoning-anel-Planning-Direetorirrar waive -the -above
reernirernents-whereit-ean-be-eletermined-that-theinformatioirearr be -obtained
in the Villagc iecuids o' tluura6h a sitc vi3il. If the permit request is supported
by the criteria of subsections (d) (7), (d) (8) or (d) (9) of this Section. the
required statement of a professional holding an International Society of
Arboriculture Arborist Certification.
I4) The Building, Zoning and Planning Director may waive the requirements
of subsections (c)(1) and (c)(2) above, upon a determination that the required
information can be obtained in the Village records or through a site visit.
(d) Tree removal evaluation criteria. No tree may be removed unless one of the
following conditions exists, as determined by the Building, Zoning, and Planning
Director, cxists:
(1) A Site Plan is submitted by the applicant that demonstrates a proposed
Structure can be situated on the property only if specifically identified
spccific tree(s) are removed or relocated.
(2) The tree(s) is (are) located in such proximity to existing or proposed
Structures that the utility or structural integrity of such Structures is or will
be materially impaired.
(3) The tree materially interferes with the location, servicing, or functioning
of Public Utility lines or service, and such interference cannot be mitigated
by trimming or pruning.
(4) The tree obstructs views of oncoming traffic or otherwise creates a
substantial traffic hazard, and such obstruction or hazard cannot be mitigated
by trimming or pruning.
(5) Any law or Regulation that requires such removal.
(6) The tree is one listed in Section 30-235(b)(1)-(20).
(7) A statement is submitted by a professional holding an International
Society of Arboriculture Arborist Certification demonstrating that the tree is:
(a) fatally diseased: or (b) suffering from a chronic irreversible disease.
(8) A statement is submitted by a professional holding an International
Society of Arboriculture Arborist Certification, demonstrating that the tree
is affected by a pest infestation affecting the owner's reasonable use and
enjoyment of the property for which there is no scientifically recognized
treatment to control the infestation, or alternatively, if there is such a
recognized treatment. that such the recognized treatments have been applied
as recommended and have been ineffectual in controlling the infestation.
(9) For single or two family residential properties, a statement is submitted
by a professional holding an International Society of Arboriculture Arborist
Certification, demonstrating that the tree's root system has caused material
damage to impervious exterior hardscape elements or structures (excluding
elements constructed using movable sand -set pavers) and that the owner has
unsuccessfully exhausted all available and approved methods to resolve the
condition causing such damage, including but not limited to, root pruning or
installation of root barriers, and that there is no practical alternative to rectify
or mitigate the damage except for removal of the subject tree.
(10) A tree removal permit application may pertain only to a tree located
on the applicant's own Lot, and not to any tree located on another owner's
Lot or in the public right-of-way of other Village owned land.
(e) Replacement trees.
(1) A
e�novca.
(1) Any tree that is removed must be replaced with: (I) a single tree with not
less than the same number of inches of caliper diameter and the same canopy
diameter as the removed tree: or (ii) trees that cumulatively provide not less
than the same number of inches of caliper diameter and the same canopy
diameter as the removed tree: or (iii) in the Manager's discretion based on a
finding of hardship, trees that cumulatively provide as substantial a canopy
replacement as is practicable under the circumstances. All replacement trees
must be on the same site from which the tree was removed, except in cases
of hardscape disruption and otherwise as approved by the Director.
(2) If as a result of any tree removal, the Lot or property contains less than
the minimum number of required trees specified in Section 30-238 (2), a
replacement tree or trees must be planted on the subject Lot or property to
satisfy the requirements of Section 30-238 (1) and (2): provided that if the
removed tree is one of the trees identified in Section 30-235 (b)(1)-(20), and
if such removal results in less than the minimum number of required trees
specified in Section 30-238 (2), then, in such instance only, the Lot owner
will not be required to plant a replacement tree or trees to satisfy the
requirements of Section 30-238 (1) and (2). If a tree that is subject to
permitted removal is to be destroyed, in the discretion of the Manager. the
Village may, but shall not be required to, arrange for the removal and
relocation of the tree to Village property at the Village's cost, and such tree
shall be the property of the Village if it is relocated by the Village.
(3) Where tree removal on a Lot results in less than the minimum quantity of
trees specified in Section 30-238(2), and where the removed trees are not
replaced on the subject Lot due to Manager's finding of hardship, the
applicant shall either:
(a) Replace a minimum of 50% of the removed canopy with a single
tree or with multiple trees: or
(b) Donate a tree to the Village that has a minimum of 50% of the
removed canopy: unless the Manager determines otherwise based on
hardship.
(f) Removal of trees on public lands. No trees shall be removed from any public land
including, but not limited to Rights -of -Way and swale areas, without the approval of
the Building, Zoning, and Planning Director and Village Manager.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
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clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 5. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
PASSED on first reading this 8th day of January , 2013.
PASSED AND ADOPTED on second reading this 9th day of April , 2013.
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT , Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
ORDINANCE AMENDING CHAPTER 30, ETC
in the XXXX Court,
was published in said newspaper in the issues of
02/28/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement, and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re•-te, corn sion or refund for the purpose
of securing tr publication in the said
newspap
Sworn to and subsc
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MARIA MESA
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VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the Jollowing ordinance willybe considered on
Second Reading by the Village,Council of the Village of Key Biscayne at a
meeting to be held on Tuesday, March 12, 2013 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
Florida: -
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 30 "ZONING AND LAND DEVELOPMENT
REGULATIONS" BY AMENDING ARTICLE II "DEFINITIONS,"
SECTION 30-11, BY CREATING A "PERMANENT HARDSCAPE
FEATURE" DEFINITION, AND AMENDING ARTICLE IX
"LANDSCAPE REGULATIONS," SECTION 30-235, RELATING TO
TREE REMOVAL PERMIT REGULATIONS; PROVIDING FOR
SEVERABILLTY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
The proposed Ordinance may be inspected by the public at the Office of
the Village Clerk. Interested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinance. Any per,son wishing to
address the Village Council on any item at this Public Hearing is asked to
register with the Village Clerk prior to that item being heard.
In accordance with the Americans With Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact the
Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149, telephone number (305) 365-5506, not later
than two business days prior to such proceeding.
Should any person desire to appeal any decision of the Village Council
with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made including all
testimony and evidence upon which any appeal may be based
(F.S. 286.0105).
Comments of any interested party relative to this matter may be submitted
in writing and or presented in person at the public hearing.
2/28
Conchita H. Alvarez, MMC
Village Clerk
• 13-4-178/2039074M