§ 17-2. Definitions.

For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section. Definitions for industry terms are based on the American National Standards Institute A-300 Standards for Tree Care Operations - Tree, Shrub, and other Woody Plant Management - Standard Practices (most recent edition; containing all Parts); International Society of Arboriculture Glossary of Arboricultural Terms (most recent edition); and University of Florida Institute of Food and Agricultural Science Bulletin SS-FOR-11 Forest Terminology for Multiple-Use Management.

American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300 Standards"): A tree manual which establishes performance standards for the care and maintenance of trees, shrubs, and other woody plants. These are the industry standards for Arboriculture or Urban Forestry used by the industry and many governing agencies as the minimum standards of practice for care and maintenance of trees, shrubs, and other woody plants. These are the generally accepted industry standards for tree care practices written by the Tree Care Industry Association (TCIA) to develop consensus performance standards for trees, shrubs, and other woody plants.

Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property under a written lease authorized to apply for a tree permit.

Arboriculture: The cultivation, management, and study of woody plants, especially trees.

Bark: Protective outer covering of branches and stems outside of the cambium.

Buildable area: The portion of the site exclusive of the required yard areas as defined by the zoning ordinance of the city and its successors.

Cambium: A thin layer of cells under the bark of trees that produces growth of new tissue.

Canopy: The collective branches and foliage of a crown of a tree or group of tree crowns, usually represented as canopy diameter measured across the canopy from drip line to drip line at an average canopy width.

Canopy coverage: The aerial extent of ground within the drip line of the tree, usually represented as square feet of canopy area.

Certificate of approval: A written document permitting tree removal or development activity within those areas identified and established as environmental preservation districts or scenic transportation corridors.

(1)

Standard certificate of approval. A written document issued by the preservation officer for tree permits located within an environmental preservation district.

(2)

Special certificate of approval. A written document issued by the historic and environmental preservation board ("HEPB") where the board must decide if a major addition, removal or alteration of trees meets the requirements of this article. This certificate will be considered by HEPB in accordance with the procedures for a special certificate of appropriateness in section 23-6.2 of this Code, as amended.

Certified arborist: Also known as a "ISA Certified Arborist." A person who has successfully completed the testing program administered by the International Society of Arboriculture (ISA) to be an ISA Certified Arborist, with a current valid certification number. This person must be trained and knowledgeable in all aspects of arboriculture as relevant to the conditions of trees within the city.

Certified arborist report: A report issued by a certified arborist that, at a minimum, shall contain data for each existing tree in the applicable tree boundary survey as follows: species; DBH as defined herein; height; canopy spread; health condition; opinions regarding current condition; recommended tree activity, if any; and color photographs of trees which shall depict sufficient detail to support the opinion of the certified arborist.

Code compliance: The department responsible for the enforcement of the City Code, as further described in chapter 2, article X.

Code enforcement board: The code enforcement board of the city as appointed pursuant to chapter 2, article X. For purposes of this article, "code enforcement board" shall be synonymous with and have all powers of the special master. The terms may be used interchangeably.

Construction: See "Development activity."

Controlled tree species: Tree species listed in the most recent edition of the Landscape Manual or in section 24-49.9 of the Code of Miami-Dade County, Florida ("Miami-Dade County Code"), which can become invasive in native plant communities when not located in, and cultivated properly, as part of a managed landscape design.

Critical root zone: Also known as a "CRZ." The CRZ is as large or larger than the minimum recommended root area for a tree as stated in the ANSI A-300 Standards for transplanting trees, usually measured and presented as root ball diameter.

Crown: A portion of an individual tree above the main stem, consisting of live branches and foliage.

Crown cover: The percentage of a given area that is covered by the vertical projection of the crowns of trees.

Diameter at breast height ("DBH"): The diameter at breast height of a tree trunk, measured at four and one-half feet above ground level (surface grade or soil grade). In the case of multi-stemmed trees, the DBH is a calculation of the sum of the DBH of each trunk measured at four and one-half feet above ground level.

Dead tree: A tree which is not actively transporting water and nutrients from roots to leaves, and is exhibiting symptoms such as decay, brittleness, rot, non-seasonal defoliation, substantial loss of its branches, or other signs of substantial deterioration.

Department: The department of planning and zoning, which is responsible for review and issuance of tree permits.

Development activity: The carrying out of any building construction that requires issuance of a permit by the city, including without limitation building construction, additions (including but not limited to additions of carports, pools, decks, fences, driveways, and parking lots), modifications, demolition, or making any material alteration to the use or exterior appearance of any structure.

Drip line: The area defined by the outermost circumference of a tree's branches where water drips from and onto the ground.

Environmental preservation districts: Geographical areas, parcels or corridors, which have been or may be identified, are established by the city commission as significant natural or manmade attributes in need of preservation and control because of their educational, economic, ecological and environmental importance to the welfare of the general public and the city as a whole. The city's environmental preservation districts are designated in an atlas kept on file with the department of planning.

Environmentally significant feature: Natural or manmade artifacts, sites or features which possess attributes in need of preservation and control because of their economic, educational or environmental importance to the welfare of the general public and the city as a whole. Environmentally significant features include all trees within the city and specifically designated natural, topographical or geological formations, mangrove areas, natural hammocks, unique scenic vistas or transportation corridors and rare and valuable plant material.

Exotic tree species: A plant species introduced from another country or geographic region outside its natural range, which may become naturalized or invasive, but is not native or indigenous to a region.

Fatally diseased tree: A tree that has been identified with a disease that is not curable by known industry standard pest control treatments or has visible damage from a disease and may include secondary stresses related to a disease. A fatally diseased tree may be considered a high-risk tree.

Florida grades and standards: The standards for determining the quality of nursery stock being grown, sold and/or used in landscape projects in Florida. These are based on the Grades and Standards for Nursery Plants as published by the most current edition of the Florida Department of Agriculture and Consumer Services.

Girdling: Tree abuse in the form of restriction or destruction of the vascular system within a root, stem, or branch of a tree that causes inhibition of the flow of water and nutrients, usually accomplished by removal of bark and cambium around all or most of the circumference of a tree branch or stem.

Grade: The ground level of a subject property.

Hatracking: Also known as "Topping." A form of tree abuse in the form of the reduction of tree size using heading cuts that shorten limbs or branches back to a predetermined crown limit. Hatracking involves indiscriminate cutting back of branches between nodes.

High-risk trees: A tree that is in a location where risks to persons or property exist, including trees that have an identifiable part or parts with a high potential for failing and a high potential to strike a foreseeable target resulting in significant consequences within a short time-frame. The determination of whether a tree is a high-risk tree shall be made by the department upon assessing the supporting risks.

Homestead property: A property that receives a homestead exemption as determined and listed by the Miami-Dade County Property Appraiser's Office. This exemption must be current to be applicable.

Homestead resident: A person or persons living in a residence that receive a homestead exemption as determined and listed by the Miami-Dade County Property Appraiser's Office. This exemption must be current to be applicable.

Internode/internodal: The region of a tree's stem between two successive nodes; length of a branch or stem growing between the nodes.

Landscape manual: The Miami-Dade County Landscape Manual, latest edition, which is the official landscape manual issued by Miami-Dade County, Florida, and incorporated herein by reference. The landscape manual, as amended from time to time, is adopted by reference by the city and deemed incorporated by reference as if set forth herein. If a conflict arises between the landscape manual and this article, the latter shall prevail. The landscape manual shall be used in conjunction with section 24-49.9 of the Miami-Dade County Code and said section shall be relied on for any conflicts between the landscape manual and the Miami-Dade County Code for Prohibited Species.

Lion's tailing: A form of tree abuse in which the removal of an excessive number of inner, lateral branches from parent branches results in a tree having the majority of foliage in the outer portions of the canopy.

Main stem (or main trunk ): The portion of a tree between ground level and the point of division into major branches.

Native tree species: An indigenous species that is normally found as part of an ecosystem. A species present in a defined area or region of the United States prior to European settlement.

Node: Slightly enlarged portion of a stem where leaves and buds arise.

Owner: Any person, entity, corporation, partnership, trust, holding company, limited liability company or any other legally recognized entity that is the legal, beneficial, or equitable owner of any interest whatsoever in the property. "Owner" shall include any purchaser, assignee, successor, or transferee of any interest whatsoever in the property regarding any provisions of this article.

Palm (or palm tree ): Monocotyledonous plant of the Palmacea family. A type of tree that is an un-branched evergreen tree of tropical and warm regions, with a crown of very long feathered or fan-shaped leaves, and typically having old leaf scars forming a regular pattern on the trunk.

Person: As per the definition set forth in section 1-2 of this Code.

Prohibited tree species: A species of tree listed as a prohibited species in the current edition of the Landscape Manual, or in section 24-49.9 of the Miami-Dade County Code, as well as Weeping Fig Trees (Ficus benjamina).

Public right-of-way: See "Right-of-way" as defined in section 55-1 of the City Code, as amended.

Registered landscape architect: A person who holds a license to practice landscape architecture in Florida as authorized by F.S. ch. 481.

Replacement trees: Also known as "mitigation tree." Trees that are proposed to be used as replacement for trees being removed from a property.

Root: The part of a tree, usually underground, that anchors the tree to the ground and also absorbs and conducts water and nutrients to all parts of the tree.

Root pruning: The cutting of roots to limit their vertical or lateral growth, the process of pre-cutting roots behind the line of a planned excavation to prevent tearing and splintering of remaining roots, any removal of roots one inch in diameter or greater, and/or the removal of more than ten percent of a tree's root system. Root pruning of more than ten percent of a tree's root system requires a tree permit.

Scenic transportation corridor: Those roadways identified by the state or by the city commission resolution as having a unique landscape, an expansive tree canopy and/or unique landscape features that is of substantial environmental or scenic importance to residents and visitors.

Shrub: A woody, perennial plant separated from a tree by its lower mature height (generally under 20 feet), and showing the lack of a well-defined main trunk, often multi-stemmed.

Site plan: A comprehensive plan drawn to scale indicating site elevations, roadways and location of all relevant site improvements including structures, parking, other paved areas, ingress and egress drives, landscaped open space and signage.

Sound nursery practices: The practices or procedures of landscape nurseries that meet or exceed the Florida Grades and Standards.

Special master: The person(s) appointed pursuant to chapter 2, article X. For purposes of this article, the special master shall be synonymous with and have all powers of the code enforcement board. The terms may be used interchangeably.

Specimen tree: A tree that is equal to or larger than 18 inches DBH. Trees that do not qualify as specimen trees are palms, non-native Ficus species, or any non-native fruit tree cultivated as a grove tree for commercial production of fruit.

Spiking: A form of tree abuse in which there is the hammering or affixing of metal or other material into a tree to harm the tree or lower its commercial value, or any damage to the trunk of a tree caused by use of climbing spikes.

Spread: The average diameter of the crown. The average diameter of the tree canopy or crown as measured across the canopy in at least two directions from drip line to drip line of farthest reaching branches.

Stem(s): The principal axis or wood structure of a plant from which buds, shoots, foliage, and branches develop.

Tree: A woody perennial plant, including palms, usually having only one dominant trunk and a well-defined stem or stems carrying a more or less definite crown, usually having a mature height greater than 16 feet. A tree regulated under this chapter must have a minimum size of 12 feet overall height with a DBH of two inches or larger. A palm regulated under this chapter must have a minimum height of 16 feet overall with a DBH of six inches or larger.

Tree abuse: Action that damages a tree and/or parts of a tree. Generally, any tree activity beyond or against those described in the ANSI A-300 Standards. Examples of tree abuse include but are not limited to hatracking, spiking, lions tailing, tree removal (without a permit), pruning more than 25 percent of a tree canopy in one annual growing season, root pruning that destabilizes a tree, girdling, damaging and/or removing sections of bark, and damaging and/or removing sections of cambium.

Tree activity: Work that will affect a tree on a property which includes tree removal, tree pruning more than 25 percent, and root pruning more than ten percent or trimming of a root more than one inch in diameter.

Tree boundary survey: A survey such as a topographic survey that establishes property lines and corners of a parcel of land and also locates natural features such as trees and streams as well as man-made features such as buildings, fences, improvements, land contours, easements, and utilities. Tree boundary surveys shall be prepared by a professional land surveyor.

Tree permit: A permit which is required for any tree activity.

Tree protection barriers: Barriers, fences, or barricades that are placed around existing trees to provide protection during construction on a subject property. Examples are contained in the tree protection specifications and tree protection details as described in the Landscape Manual and ANSI A-300 Standards.

Tree protection bond: A monetary bond that guarantees specific trees be protected and will not be harmed by the construction project and, if harmed, the party will reimburse for the loss.

Tree protection zone ("TPZ"): An area defined by a certified arborist surrounding the trunk of a tree to protect roots and soil within at least the CRZ area. This area is necessary to protect tree health and stability. The TPZ is an area within which certain activities are prohibited or restricted, especially during construction or development activity.

Tree pruning: Also known as "Tree trimming." The selective cutting of tree parts done to remove branches or parts of branches from a tree's crown.

Tree removal: The act of cutting down, destroying, moving, relocating, or effectively destroying through damaging, any tree situated on any real property or public property within the city.

Tree value: The appraised monetary value for a tree as calculated by an ISA certified arborist who is specially trained and experienced as a tree and landscape appraiser. Appraisals shall utilize the trunk formula method within the replacement cost approach of valuation as described in the most recent edition of the Guide for Plant Appraisal published by the International Society of Arboriculture. Tree value may be used to determine reasonable mitigation requirements for specimen trees removed without a permit and/or specimen trees effectively destroyed during construction, including trees permitted to be preserved or remain on site that are subsequently effectively destroyed, and may be used as an alternative to the replacement tree table for mitigation requirements for specimen trees being permitted for removal, as approved by the department.

Trunk: The main or central stem of a tree.

Vigor: The capacity of a tree to grow and resist stress; growing in a healthy condition.

(Ord. No. 13670, § 2, 3-23-17; Ord. No. 13697, § 2, 7-27-17)