§ 17-6. Tree replacement.

(a)

Tree replacement chart. The tree replacement chart 17.6.1.1 below, shall be used to determine the total number and size of trees that shall be planted as replacement trees for all trees permitted to be removed. The replacement trees are based on the diameter in inches (DBH) of the trees to be removed. To determine the required replacement trees, calculate the total sum in inches of the diameters of all trees to be removed. This sum will result in one single number in inches that represents the combined total of the diameters of all trees to be removed. Diameter measurement shall be rounded up to the nearest inch.

CHART 17.6.1.1 TREE REPLACEMENT CHART

Total diameter of tree(s) to be removed (sum of inches at DBH)	Total number of replacement trees required (where each Replacement Tree is a minimum of 2" DBH x 6' spread in Canopy x 12' in height)	OR	Total number of replacement trees required (where each Replacement Tree is a minimum of 4" DBH x 8' spread in Canopy x 16' in height)	Contribution to Tree Trust Fund
2"—3"	1	or	0	$1,000.00
4"—6"	2	or	1	$2,000.00
7"—12"	4	or	2	$4,000.00
13"—18"	6	or	3	$6,000.00
19"—24"	8	or	4	$8,000.00
25"—30"	10	or	5	$10,000.00
31"—36"	12	or	6	$12,000.00
37"—42"	14	or	7	$14,000.00
43"—48"	16	or	8	$16,000.00
49"—60"	20	or	10	$20,000.00

 

(1)

If the sum of the diameter of trees to be removed exceeds a total of 60 inches, the additional inches shall be added cumulatively from the top of the chart, down to the bottom of the chart, to calculate the number of trees required as replacement trees.

(2)

Up to 30 percent of the two-inch DBH replacement tree requirement may be met by native species with a minimum height of ten feet and a minimum DBH of one and one-half inches at time of planting.

(3)

The removal of a palm shall be replaced with two palms at 16 feet overall height with a six-inch DBH or one tree at 12 feet overall height with a two-inch DBH. Native palms of a 14-foot minimum overall height and minimum DBH of three inches at time of planting shall count as a required two-inch DBH replacement tree on the basis of two palms per required tree. No more than 30 percent of the required replacement trees shall be palms.

(b)

Tree species. Tree(s) installed as replacement trees shall be of a native or non-invasive species and shall be planted at grade or ground level according to ANSI A300 best management practices manual, incorporated herein by reference. When more than ten trees are installed as replacement trees, a diversity of species shall be required as per chart 17.6.2.1 tree species diversity chart, below.

CHART 17.6.2.1 TREE SPECIES DIVERSITY

Required Number of Trees	Required Minimum Number of Species
11—20	2
21—50	4
51 or greater	6

 

(c)

Tree replacement alternatives.

(1)

Replacement trees for homestead properties may comply with the following alternatives:

a.

The removal of a non-specimen/non-native tree, a controlled tree species or a palm species shall be replaced with a native species at a one-to-one ratio upon written confirmation from the department. Replacement shall be of minimum replacement size at two inches DBH and 12 feet overall height.

b.

Trees authorized for removal from lots that meet the minimum lot tree requirements, as described in Article 9 of the Miami 21 Code, shall be replaced at a one-to-one ratio, excluding specimen trees and trees effectively destroyed as a result of tree abuse.

c.

Homestead properties that remove trees without a proper tree permit must comply with the standard replacement tree quantities and requirements and may not avail themselves of these alternatives.

d.

Hardship exemption. A person who meet either of the following criteria may be able to apply for a waiver, full or partial, of the requirements for tree replacement on homestead property as set forth in this section and subsection 17-10(a)(2) of the City Code:

1.

Persons who qualify for the senior citizen exemption pursuant to F.S. § 196.075.

2.

Persons whose total household income is below 80 percent of the area median income ("AMI") of Miami-Dade County as determined by the United States Department of Housing and Urban Development ("HUD") annually.

e.

Tree gifting program. The gifting of trees by the city to property owners for the purpose of increasing the city's tree canopy, whenever possible, shall be conducted by the city manager or his designee in a manner that is in accordance with applicable laws.

(2)

Prohibited tree species may be removed after obtaining a tree permit. Replacement trees are not required for the removal of any prohibited tree species as listed in current edition of the Miami-Dade County Prohibited Species List, except Lofty Fig (Ficus altissima) and Banyan Tree (Ficus benghalensis) which are subject to the provisions of this article. No fees will be assessed for tree removal of prohibited tree species.

(3)

The city manager or designee, after a recommendation of the department, may adjust the requirement of replacement trees for affordable housing developments that are procured by the city and/or funded by the city, regardless of the source of funds.

(d)

Tree quality. After issuance of a tree permit, replacement trees in accordance with this section shall conform to, or exceed, the minimum standards for Florida Number One as provided in the most current edition of "Florida Grades and Standards for Nursery Plants, Part I and II," prepared by the state department of agriculture and consumer services, and incorporated herein by reference. Trees shall be planted according to sound nursery practices as illustrated in the landscape manual.

(e)

Off-site replacement trees. If the total number of replacement trees cannot be reasonably planted on the subject property, the applicant may enter into a written agreement with the city, as approved by the department, to plant the excess replacement trees on public property within the city commission district of the subject property. If the department confirms and verifies that replacement trees cannot be planted within the city commission district of the subject property due to capacity issues, the department may approve the planting of the excess replacement trees in other parts of the city. An alternative to off-site replacement is provided in subsection (f), relating to the contribution to the tree trust fund. Applicants may do both to the extent that they should proffer to do so.

(f)

Tree trust fund. If the department determines that an applicant is not able to comply with the planting of replacement trees either on-site or off-site as required by this section, then the applicant shall make a financial contribution into the city's tree trust fund prior to issuance of the tree permit as follows:

(1)

Non-homestead properties. The contribution shall be equal to $1,000.00 for each two-inch DBH tree required in accordance with Chart 17.6.1.1.

(2)

Homestead properties. The contribution shall be equal to $500.00 for each two-inch DBH tree required in accordance with Chart 17.6.1.1 per calendar year. If additional tree permits are issued in the same calendar year, the subsequent contribution shall be equal to $1,000.00 for each two-inch DBH tree required in accordance with Chart 17.6.1.1.

(3)

Hardship exemption. A person who meets either of the following criteria may be able to apply for a waiver, full or partial, of the requirements for the tree trust fund on homestead property as set forth in this section and subsection 17-10(a)(2) of the City Code:

a.

Persons who qualify for the senior citizen exemption pursuant to F.S. § 196.075.

b.

Persons whose total household income is below 80 percent of the AMI of Miami-Dade County as determined by the HUD annually.

(g)

Completion. The replacement tree process shall be completed prior to the issuance of a certificate of occupancy or temporary certificate of occupancy. Moreover, the approval of a tree permit is contingent on any requirements set forth in subsections (a) through (f) above.

(h)

Maintenance of relocated and replacement trees. Trees that are relocated or replaced must be maintained in a healthy growing condition and guaranteed for a period of at least one year unless otherwise authorized by the department in writing.

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