§ 24-49.4. Replacement requirements for tree removal.

(1)

Tree replacement requirements. As a condition of the issuance of a tree removal permit, the permittee shall be required to replace trees that are authorized to be removed under the provisions of this section. The number of trees and number of species of trees required for replacement shall be determined according to the procedures contained herein. When the replacement canopy area exceeds ten thousand (10,000) square feet, replacement shall be described in a landscape replacement plan which shall meet the minimum requirements of Section 24-49.4(3), and no tree removal permit shall be issued until said plan has been approved by the Department, except as provided in Section 24-49.4(4).

(a)

The following are exempt from this section:

(i)

All tree removal activities included in Section 24-49(4).

(ii)

All tree removal permits affecting natural forest community sites which meet the specific preservation requirements of Section 24-49.2(I)(1)(a) and (b).

(iii)

Trees which have been successfully relocated, pursuant to Section 24-49.6.

(b)

Natural forest community replacement requirements.

(i)

Pursuant to Section 24-49.2(I)(1)(c)., tree and understory replacement for pineland natural forest communities shall include the following:

1.

All species proposed for replanting shall be native to Miami-Dade County's pinelands.

2.

For each additional one-half (½) acre which is permitted to be cleared, fifty (50) replacement pine trees (Pinus elliotti var. densa) shall be provided. Said pine trees shall meet the standards in either Section 24-49.4(4)(a)(i) or (ii); if the pine trees meet the standards of Section 24-49.4(4)(a)(i), then six hundred twenty-six (626) pineland understory and ground cover plants which meet the standards of Section 24-49.4(4)(a)(ii) shall be provided; if the pine trees meet the standards of Section 24-49.4(4)(a)(ii), then six hundred seventy-six (676) pineland understory and ground cover plans which meet the standards of Section 24-49.4(4)(a)(ii) shall be provided. The number of replacement plants for areas which are less than one-half (½) acre shall be determined on a prorated basis.

3.

The diversity of understory and ground cover species provided shall be maximized to the greatest extent possible based on availability of materials.

4.

An eighty (80) percent survival rate after one (1) year shall be guaranteed for all pineland natural forest community replacement plantings.

(ii)

As an alternative to Section 24-49.4(1)(b)(i) above, a monetary contribution, equal to the cost of the replacement plants, labor costs for installation, and survival rate guarantee costs, may be made to the Miami-Dade County Tree Trust Fund. Said funds shall be utilized by the County to reestablish pineland on County-owned property or to purchase pinelands for preservation purposes.

(iii)

All other applications for the removal of trees or understory within natural forest communities which meet the requirements of Section 24-49.2(I)(1)(a) and (b) or Section 24-49.2(I)(2) shall not require any tree or understory replacement.

(c)

Specimen tree replacement requirements. As required in Section 24-49.2(II)(5), the replacement requirements for the removal of a specimen tree shall be twice those specified in this section, except as noted in Section 24-49.2(II)(6).

(2)

Procedures for determining tree replacement requirements. The Department shall determine the total number of replacement trees required for the issuance of a tree removal permit according to the following procedural steps:

(a)

Step 1: Determining existing tree canopy coverage on-site. The area of existing tree canopy coverage of a site shall be determined by the Department, using one (1) or any combination of the following methods: Review of aerial photography; on-site inspection; and review of a tree survey. The Department may require the applicant to submit a tree survey for the purpose of this determination.

(b)

Step 2: Determining impact area of proposed project. The area of existing canopy coverage which will be affected (impact area) by the applicant's proposed development shall be determined by the Department. This determination shall be based on a site plan and completed tree removal permit application form submitted to the Department by the applicant.

(c)

Step 3: Determining number of replacement trees required to be planted. The total number of trees required for replacement shall be based on the area of impact and the category of replacement tree selected by the applicant. Each replacement tree shall compensate for a portion of the tree canopy lost in the impact area. The following table shall be used as a standard for determining the required number of replacement trees:

Category Replacement Tree:	Portion of Impact Area that each replacement tree compensates for in square feet:
Shade Tree 1	500
Shade Tree 2	300
Palm Tree 1	300
Palm Tree 2	100
Small Tree	200

 

Any combination of shade trees, palm trees, or small trees shall be acceptable replacement, provided the total number of trees from all replacement categories compensate for the lost canopy. In the event that a replacement tree actually has more canopy coverage at the time of planting than the amount of credit allowed under the tree replacement formula above, then the applicant shall receive full credit for the canopy coverage provided by the replacement tree at the time of planting. The applicant shall submit a list of proposed replacement trees on a form provided by the Department, except when the total number of replacement trees exceeds twenty (20), and then the applicant shall be required to submit a landscape replacement plan consistent with the provisions of Section 24-49.4(3). Proposed replacement lists or plans are subject to Departmental approval. The Department shall approve proposed replacement trees that are consistent with the standards of Section 24-49.4(3).

(d)

Step 4: Location of replacement trees. Specific placement of replacement trees on-site shall be determined by the applicant. If the site cannot accommodate the required replacement trees because of insufficient planting area as determined by the Department, then the applicant shall be required to plant replacement trees at an off-site location subject to Departmental approval, or, as a last alternative, shall provide an equitable contribution to the Miami-Dade County Tree Trust Fund to compensate for those replacement trees which cannot be accommodated on site. The amount of the contribution shall be determined according to the provisions of Section 24-49.8. If any applicant is in doubt as to whether a particular site can sufficiently accommodate the required number and species of replacement trees as initially determined by the Department, then the applicant shall submit a statement prepared by a landscape architect registered in the State of Florida, indicating whether, in his professional opinion, the site can accommodate the required number of trees and species. Upon receipt of said statement, the Department shall reevaluate its initial determination and provide the applicant with a revised determination of requirements. In the event that the landscape architect is in agreement with the Department's determination of available planting space, however, due to design considerations, the applicant would elect to propose an alternative landscape enhancement plan or an equitable contribution to the Miami-Dade County Tree Trust Fund, then the provisions of Section 24-49.4(4) or 24-49.2(II)(5), respectively, shall apply.

(e)

Step 5: Minimum species diversity standards. When more than ten (10) trees are required to be planted in accordance with the provisions of this section, a diversity of species shall be required. The number of species to be planted shall be based on the overall number of trees required. The applicant shall be required to meet the following minimum diversity standards:

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

 

Permittees shall not be required to plant in excess of six (6) species. The number of trees of each species planted shall be proportional to the number of species required. A minimum of fifty (50) percent of all replacement trees planted shall be native to Miami-Dade County, and no more than thirty (30) percent of the replacement trees shall be palms. However, when native trees are removed, all replacement trees shall be native species. As an alternative to the minimum species diversity required herein, an applicant may propose an alternative species diversity in an alternative landscape enhancement plan described in Section 24-49.4(4).

(f)

Step 6: Minimum standards for replacement trees.

(i)

All replacement trees shall have a minimum quality of a Florida No. 1 grade or better.

(ii)

The Department shall maintain a list of species for each category of replacement tree. This list may be amended from time to time, as necessary. Replacement tree heights shall be determined by overall height measured from where the tree meets the ground to the top-most branch.

1.

All category 1 replacement shade trees shall be a minimum of twelve (12) feet in height at the time of planting and at maturity should have a canopy coverage of five hundred (500) square feet under normal growing conditions.

2.

All category 2 replacement shade trees shall be a minimum of eight (8) feet in height at the time of planting and at maturity should have a canopy coverage of three hundred (300) square feet under normal growing conditions.

3.

All category 1 replacement palm trees shall have a minimum height of ten (10) feet at the time of planting and at maturity should have a canopy coverage of three hundred (300) square feet under normal growing conditions.

4.

All category 2 replacement palm trees shall have a minimum height of three (3) feet at the time of planting and at maturity should have a canopy coverage of one hundred (100) square feet under normal growing conditions.

5.

All replacement small trees shall have a minimum height of six (6) feet at the time of planting and at maturity should have a canopy coverage of two hundred (200) square feet under normal growing conditions.

(3)

Requirements for a landscape replacement plan. Except as provided in Section 24-49.4(4), a landscape replacement plan shall be submitted to the Department by the permit applicant when a minimum of ten thousand (10,000) square feet of replacement canopy is required under the provisions of Section 24-49.4(2). All landscape replacement plans shall meet the following minimum standards:

(a)

The number of trees, number of species of trees, and size of trees proposed for planting shall be consistent with Section 24-49.4(2).

(b)

The applicant shall submit a site plan that includes the proposed replacement locations of all replacement plantings and tree relocations, all property lines, and all proposed and existing structures, driveways and utility easements.

(c)

The canopy spread of any tree that is proposed for preservation shall be shown on the plan. Where a portion of the canopy of a tree or trees shall be removed without removal of the trees, a notation shall be made on the plan.

(4)

Alternatives to the provisions of Sections 24-49.4(2) and 24-49.4(3). Instead of replacing all affected trees pursuant to the provisions of Sections 24-49.4(2) and 24-49.4(3), an applicant may propose to relocate existing trees or propose a unique project design which provides reasonable assurance that the project complies with the intent to maintain tree canopy.

(a)

Generally, as an exception to the requirements of Section 24-49.4(2), and in order to provide for development of exceptional or unique landscape designs which cannot meet the express terms of Section 24-49.4(2), an applicant may submit an alternative landscape enhancement plan. As an alternative to the requirements in Section 24-49.4(2)(c), tree replacement credit may be granted for planting shrubs or ground covers, based upon the following table, provided, however, that a minimum of fifty (50) percent of the required canopy replacement is achieved by using shade trees and palm trees as required by Section 24-49.4(2)(c).

Category of Tree Alternative Shrub or Ground Cover:	Portion of Impact Area that Each Tree Alternative Shrub, or Ground Cover Compensates for in Square Feet:
Shrub 1 (including small palms)	60
Shrub 2/Ground Cover	30

 

(i)

All category 1 tree alternative shrubs shall be a minimum of two (2) feet in height at the time of planting and at maturity should have a canopy coverage of sixty (60) square feet under normal growing conditions.

(ii)

All category 2 tree alternative shrubs or ground covers shall have a root system sufficient to sustain growth and at maturity should have a canopy coverage of ten (10) to twenty (20) square feet under normal growing conditions.

(b)

The applicant shall have the burden of demonstrating that a design meets the intent of this article. At a minimum, an alternative landscaping enhancement plan shall include, without limitation:

(i)

A statement, prepared by a landscape architect registered in the State of Florida, which indicates that the intent of this article can be effectively met through the submission of the alternative design; and

(ii)

A site plan, prepared by a landscape architect registered in the State of Florida, that includes the proposed location, scientific name or description of all vegetation to be preserved or planted, all property lines, and all proposed or existing structures, driveways and utility easements; and

(iii)

A tabulation that identifies any deviations from the requirements of Section 24-49.4(2) and explicitly provides tree replacement alternatives.

(c)

The Department shall approve an alternative landscape enhancement plan when:

(i)

The design preserves and incorporates existing vegetation; and

(ii)

The design exceeds the minimum requirements or equivalent of Section 24-49.4(2).

(d)

Preservation credit for relocated trees. Permittees who successfully relocate trees shall receive full credit for the relocated trees and the tree replacement requirements herein shall not apply to such relocated trees. All relocated trees shall meet the standards set forth in Section 24-49.6 for tree relocation.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 13-24, § 2, 3-5-13)