§ 24-49.5. Tree protection requirements during construction.

(1)

During site development, protection requirements for trees designated for preservation under an approved tree removal permit shall include, but not be limited to, the following:

(a)

Protective barriers shall be placed around each tree, cluster of trees, or the edge of the preservation area no less than six (6) feet (in radius) from the trunk of any protected tree, cluster of trees, or preservation area unless a lesser distance is specified by the Department. Protective barriers shall be a minimum of four (4) feet above ground level and shall be constructed of wood, plastic or metal, and shall remain in place until development is completed and the Department has authorized their removal. Protective barriers shall be in place prior to the start of any construction.

(b)

Understory plants within protective barriers shall be protected.

(c)

No excess oil, fill, equipment, building materials or building debris shall be placed within the areas surrounded by protective barriers, nor shall there be disposal of any waste material such as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or understory plants within the areas surrounded by protective barriers.

(d)

Trees shall not be braced in such a fashion as to scar, penetrate, perforate or otherwise inflict damage to the tree.

(e)

Natural grade shall be maintained within protective barriers. In the event that the natural grade of the site is changed as a result of site development such that the safety of the tree may be endangered, tree wells or retaining walls are required.

(f)

Underground utility lines shall be placed outside the areas surrounded by protective barriers. If said placement is not possible, disturbance shall be minimized by using techniques such as tunneling or overhead utility lines.

(g)

Fences and walls shall be constructed to avoid disturbance to any protected tree. Post holes and trenches located close to trees shall be dug by hand and adjusted as necessary, using techniques such as discontinuous footings, to avoid damage to major roots.

(2)

Exceptions to the provisions of Section 24-49.5(1). Exceptions to the requirements of Section 24-49.5(1) shall be approved only when the permittee receives specific written authorization from the Director or the Director's designee. The Director or the Director's designee shall not issue written approval unless the Director or the Director's designee determines that the affected tree(s) can be adequately protected without meeting the requirements of Section 24-49.5(1), or due to exceptional circumstances it is not practical or reasonable to meet the requirements of Section 24-49.5(1).

(3)

If the requirements of Section 24-49.5(1)(a) through (g) are not adhered to by the permittee and the trees are effectively destroyed, then all such trees shall be replaced according to the standards of Section 24-49.4(2), in addition to being subject to the penalty provisions of Sections 24-29, 24-30 and 24-31 of the Code of Miami-Dade County.

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