§ 24-49.2. Review and evaluation of permit applications, natural forest community standards, specimen tree standards.

A review of each completed tree removal permit application shall be conducted by the Department. This review and all actions taken by the Department under the provisions of this article shall be conducted using best available practices from biology, botany, forestry, landscape architecture and other relevant fields, and shall be conducted in a manner that is consistent with all applicable goals, objectives and policies in the Comprehensive Development Master Plan for Miami-Dade County, Florida. Upon receipt of a completed permit application, the Department shall determine whether the site contains any portion of a natural forest community, specimen trees or any other trees subject to the provisions of this article as follows:

(1)

If a site contains any portion of a natural forest community, then the provisions of Section 24-49.2(I) shall apply. If any person is in doubt as to whether a particular property has been designated as a natural forest community, said person may request a written determination from the Department. Said written determination shall state whether or not a particular property has been so designated by the Board of County Commissioners in the forest community maps under Resolution 1764-84 and shall be prepared by the Department within twenty (20) days of receipt of said request.

Any property owner of a designated natural forest community site may request that the Department verify the designated boundaries of a specific natural forest community site or may request that a specific site be deleted from the approved natural forest community maps. Requests for verification of the designated boundaries of a specific natural forest community site or the deletion of a specific site from the approved maps shall be made in writing to the Department. Upon receipt of such requests, Departmental staff shall inspect the site and make a determination whether the approved boundaries accurately reflect the current boundaries of a natural forest community as defined herein, or whether a site should be deleted from the approved maps. If it is determined that the approved boundaries of a specific natural forest community site are no longer accurate, the Director or the Director's designee shall modify the approved boundary of the natural forest community. One (1) copy of the modified boundary shall be furnished to the person who originated the request within thirty (30) days of receipt of the original request and another copy shall be made permanently available at the Department for reference by the public. If it is determined that a specific natural forest community site in its entirety no longer meets the definition of a natural forest community as defined herein, the Director shall recommend to the Board of County Commissioners that the site be deleted from the approved natural forest community maps.

(2)

If a site contains any specimen trees, then the provisions of Section 24-49.2(II) shall apply.

(3)

If there are trees present on a site other than any portion of a natural forest community or specimen trees, then the replacement provisions of Section 24-49.4 shall apply.

(4)

In the event that a site contains any combination of natural forest community, specimen trees or other trees, then Sections 24-49.2(I), 24-49.2(II), and 24-49.4 shall be applied in proportion to the presence of each type of tree or community.

The standards to be applied in reviewing tree removal permit applications involving natural forest communities or specimen trees are as follows:

(I)

Natural Forest Community Standards.

(1)

Upon receipt of an application for tree or understory removal work in a natural forest community, Departmental staff shall verify that the site currently meets the definition of a natural forest community as defined herein. If Departmental staff determine that a site no longer meets the definition of a natural forest community, then the Director shall recommend to the Board of County Commissioners that the site be deleted from the natural forest community maps. Upon approval by resolution of the Board of County Commissioners, the site will no longer be subject to the provisions of Section 24-49.2(I), but may nevertheless be subject to the provisions of Sections 24-49.2(II) and 24-49.4. In the event that Departmental staff determine that the site currently meets the definition of a natural forest community as defined herein, but the boundary line shown on the approved maps no longer accurately reflects the boundary of a natural forest community as defined herein, the boundary of the natural forest community as shown on the approved maps shall be modified by the Director or the Director's designee. One (1) copy of the modified boundary shall be furnished to the property owner and another copy shall be made permanently available at the Department for reference by the public. If the boundaries of a natural forest community are modified, only that area encompassed within the modified boundary of the natural forest community shall be subject to the provisions of this section.

(a)

Except as provided in Section 24-49.2(I)(1)(c) below, a permit shall not be issued to clear more than ten (10) percent of the canopy and understory of any hardwood hammock natural forest community or more than twenty (20) percent of the canopy and understory of any pineland natural forest community, provided said sites are five (5) acres or greater. If a site has a total area of less than five (5) acres and the natural forest community covers all or a portion of the site, a permit may be issued to clear up to one-half (½) acre within a hammock natural forest community and up to one (1) acre within a pineland natural forest community, only if the clearing of ten (10) percent or twenty (20) percent, respectively, does not allow some use of the property.

(b)

The remaining portions of all natural forest community sites, outside of the areas where tree and understory removal have been permitted by the Department, shall be deemed preserve areas and shall be left in a natural state. Additional clearing of trees or understory shall be prohibited in these preserve areas, except as authorized by other provisions of this article. Firebreaks for pineland natural forest community preserves shall be permitted, and the total area encompassed by the firebreaks (up to a maximum of ten (10) percent of the natural forest community site) shall not be included in the total area which is permitted to be cleared, pursuant to Section 24-49.2(I)(1)(a) and (c). Required dedicated public rights-of-way and required public utility easements in pineland and hammock natural forest communities shall be excluded (up to a maximum of ten (10) percent of the natural forest community site) from the total areas permitted to be cleared, pursuant to Section 24-49.2(I)(1)(a) and (c). The criteria for determining which portion of a natural forest community shall be preserved are as follows:

(i)

Whether the preservation area affords maximum protection to rare, threatened and endangered species.

(ii)

Whether the preservation area affords maximum protection to areas of high wildlife utilization such as, but not limited to, nesting or breeding areas.

(iii)

Whether the preservation area is located to minimize the number of trees and understory vegetation that is to be removed and disturbed for development.

(iv)

Whether the preservation area is located to protect the geological and archaeological value of the site.

(v)

Whether the preservation area is located contiguous with another natural forest community.

(c)

Permits for tree and understory removals within natural forest communities that are issued in accordance with Section 24-49.2(I)(1)(a) and (b) above shall not require any tree or understory replacement. As an alternative to Section 24-49.2(I)(1)(a). above, a permit may be issued to clear up to an additional ten (10) percent of a pineland natural forest community, provided that tree and understory replacement are a requirement of the permit. Said tree and understory replacement shall provide for the replacement of one hundred (100) percent canopy coverage equal to the square footage of the additional area to be cleared regardless of the actual tree canopy contained therein to account for the replacement of the trees and understory, pursuant to the provisions of Section 24-49.4(1)(b)(i).

(d)

Any permit issued for the removal of trees and understory within a natural forest community shall include a specific requirement which allows a minimum of fifteen (15) days for the salvaging of native plant materials within the area which is permitted to be cleared. However, any person desirous of salvaging plant materials must first have authorization from the permittee or owner of the property, which authorization shall not be unreasonably withheld. The Department shall maintain a list of persons interested in salvaging native plant materials and shall notify them immediately upon issuance of such a permit.

(2)

Alternatives to the provisions of Section 24-49.2(I)(1). In order to provide for unique design considerations for the replacement requirements in Section 24-49.2(I)(1)(c) above, and to address natural forest community sites which are within the 1990 Urban Development Boundary, the following shall apply:

(a)

Alternative tree and understory replacement plans may be submitted for projects which require mitigation, pursuant to Section 24-49.2(I)(1)(c) above, that are outside of the 1990 Urban Development Boundary. Said alternative plan shall be prepared by a landscape architect or other individual knowledgeable in the field of natural area restoration, and shall indicate the deviations from the standard requirement and justification for approval.

(b)

Alternative tree and understory replacement and preservation plans may be submitted for projects which affect natural forest communities which are located within the 1990 Urban Development Boundary and which cannot meet the express terms of Section 24-49.2(I)(1). In such cases, the applicant shall have the burden of demonstrating that a proposed project meets the intent of this article and that the provisions of Section 24-49.2(I)(1) cannot be met.

(i)

At a minimum, an alternative tree and understory replacement and preservation plan shall include:

1.

A statement sealed by a landscape architect registered in the State of Florida that indicates that he has prepared the submitted plan and that the intent of this article can effectively be met through the submission of an alternative plan; provided, however, if the project only encompasses a single family residence with ancillary facilities, then said statement and plan may be made by an individual knowledgeable in the field of natural area restoration;

2.

The proposed location of all vegetation preservation and replantings (consisting exclusively of native species), all property lines, and all proposed or existing structures, driveways and utility easements; and

3.

A tabulation that identifies any deviations from the requirements of Section 24-49.2(I)(1) and explicitly provides for equivalent compensation by alternative replanting (consisting exclusively of native species) or trust fund contributions.

(ii)

Approval of the plan shall be determined by the Department. The Department shall consider the following factors in evaluating the alternative preservation plan:

1.

Whether the proposed plan preserves a portion of the natural forest community.

2.

Whether the proposed plan provides for on-site or off-site replanting, including understory replanting.

3.

Whether the proposed plan provides for an equitable contribution to the Miami-Dade County Tree Preservation Trust Fund when the minimum preservation standards of Section 24-49.2(I)(1) are not met.

(3)

Modified preservation and replacement plan based upon justifiable, detrimental reliance allowed. In order to address these cases in which a person has purchased natural forest community property in justifiable, detrimental reliance upon written representations of Department staff made prior to the enactment of Chapter 24-49 of the Code of Miami-Dade County regarding replacement and preservation requirements for said property, the following shall apply:

Any owner of a natural forest community property who has purchased natural forest community property in justifiable, detrimental reliance upon written representations of Department staff made prior to the enacting of Chapter 24-49 [Article IV] of the Code of Miami-Dade County may submit to the Department an application for approval of a modified replacement and preservation plan which shall incorporate the replacement and preservation requirements reflected in the agreement relied upon. In such cases, the applicant shall have the threshold burden of demonstrating to the Department and the Board of County Commissioners the detrimental, justifiable reliance which provides the basis for his application.

(a)

The Department shall make its recommendation to the Board of County Commissioners, and the Board of County Commissioners shall make its decision, for denial or approval with conditions of the modified replacement and preservation plan. In evaluating the proposed modified preservation and replacement plan, and in making the threshold determination of whether the applicant has purchased natural forest community property in justifiable, detrimental reliance upon written representations of Department staff made prior to the enactment of Chapter 24-49 [Article IV] of the Code of Miami-Dade County, the Department shall make its recommendation, and the Board of County Commissioners shall make its decision, based upon the following factors:

(i)

At a minimum, the application for modified replacement and preservation plan shall reflect that the elements provided for in Section 24-49.2(I)(2)(b)(i)1, 2, and 3 above are included in the proposed plan, provided, however, that, if the Board of County Commissioners determines that the applicant purchased natural forest community property in justifiable, detrimental reliance upon written representations of Department staff made prior to enactment of Chapter 24-49 of the Code of Miami-Dade County, and if the written representations relied upon did not address tree replacement or tree compensation requirements, then the tree replacement or tree compensation requirements applicable at the time of such justifiable, detrimental reliance may be made a part of the modified replacement and preservation plan.

(ii)

In addition to the elements provided for in Section 24-49.2(I)(2)(b)(i)1, 2, and 3, the application for modified replacement and preservation plan shall include information regarding the following factors:

1.

The nature of the written representations relied upon: Whether the representations by the Department could be construed to be a final determination regarding preservation and replacement requirements for the subject property; and

2.

The existence of a permit or written consent agreement with the Department: Whether a tree removal permit or consent agreement with the Department was entered into by the owner of the subject property or his immediate predecessor in title prior to purchase of the subject property; and

3.

The circumstances of the property purchase: Whether (a) the purchase of the subject property occurred before or after enactment of Chapter 24-49 of the Code of Miami-Dade County, and (b) the purchase of the subject property occurred close in time to the date of the written representations relied upon, and (c) the owner has legal representation or other professional assistance in negotiating and concluding said purchase; and

4.

Subsequent dealings with the Department: Whether the applicant had dealings with the Department occurring subsequent to the date of the written representations relied upon and prior to the date of purchase of the subject property.

The Board of County Commissioners shall hold a public hearing concerning the application. A notice of the time and place of said public hearing shall be published in a newspaper of general circulation in Miami-Dade County a minimum of seven (7) days prior to the public hearing. Said notice shall include a brief description of the proposed replacement and preservation plan and the location of the subject natural forest community property.

(iii)

Appeal from denial of modified preservation and replacement plan. Any person aggrieved by any decision of the Board of County Commissioners pursuant to this Section 24-49.2(I)(3) may seek judicial review in accordance with the Florida Rules of Appellate Procedure.

(II)

Specimen Trees Standards.

(1)

Specimen trees application. Specimen trees shall be preserved whenever reasonably possible. Upon receipt of an application to remove a specimen tree, the Department shall consider the following factors in evaluating said application:

(a)

Size and configuration of the property.

(b)

Size and configuration of any proposed development.

(c)

Location of the tree relative to any proposed development.

(d)

Whether or not the tree can be preserved under the proposed plan or any alternative plan.

(e)

Health, condition and aesthetic qualities of the tree.

(f)

Whether the tree poses a threat to persons or property.

(2)

Alternate plans. If, upon review of the factors enumerated in Section 24-49.2(II)(1), the Department determines that a specimen tree cannot reasonably be preserved under the proposed plan, then the applicant shall provide an alternate plan when feasible, which shall include preservation of the specimen tree and design alterations consistent with the scope and intent of the initially-proposed plan. Alterations consistent with the scope and intent of the initially-proposed plan may include, but shall not be limited to:

(a)

An adjustment of building orientation on a site.

(b)

An adjustment of lot lines within a site proposal for more than one (1) lot when said adjustment will not cause an unreasonable loss of usable space. An applicant shall have the burden of proof in the determination of what constitutes an unreasonable loss of usable space.

(3)

Specimen tree relocation. If preservation of the specimen tree and any alternate design consistent with the scope and intent of the initial plan are mutually exclusive, then the Department may issue a permit to relocate the specimen tree. If the tree removal permit requires relocation, then the applicant shall be required to relocate the tree in accordance with the standards set forth in Section 24-49.6.

(4)

Removal of specimen trees. If relocation of the specimen tree is not feasible, due to the size, health, location, species or any other factor, then a permit may be issued for removal, and tree replacement shall be required.

(5)

Replacement requirements for specimen trees. As a condition of the issuance of a tree removal permit for the removal of a specimen tree, tree replacement requirements shall be twice those specified in Section 24-49.4(2)(c). In the event that replacement is not feasible on-site, then alternative off-site replacement shall be required, or, as a last alternative, there shall be a contribution to the Miami-Dade County Tree Trust Fund for the full value of the replacement trees. Notwithstanding the above, there shall also be an equitable contribution to the Miami-Dade County Tree Trust Fund for the irreplaceable loss of the aesthetic and environmental contributions of the specimen tree(s), according to the contribution schedule established by the Board of County Commissioners, pursuant to Section 24-49.9.

(6)

Exemptions from specimen tree replacement requirements. An applicant may be exempt from the replacement requirements of Section 24-49.2(II)(5), but subject to the tree replacement requirements in Section 24-49.4(2)(c), under the following circumstances:

(a)

Upon submittal of a statement from a landscape architect registered in the State of Florida which indicates that a specimen tree, due to disease, condition, growth habit or any other reasonable botanical factor, does not provide the aesthetic or environmental contribution associated with a specimen tree. Said statement shall include the specific reason(s) for the claimed exemption from the provisions of Section 24.49.4(2).

(b)

When preservation of the specimen tree would cause a foreseeable risk to property.

(c)

When a site contains more than one (1) specimen tree, and fifty (50) percent or more of the existing specimen trees and at least fifty (50) percent of the existing specimen tree canopy area is preserved.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)