HomeMy WebLinkAbout1997 04 14 Informational Item B
COMMISSION AGENDA
ITEM
B
REGULAR
CONSENT
INFORMATIONAL X
April 14, 1997
Meeting
MGR ~~ /DEPT ~ I--
Autho'rization
REQUEST: Update the City Commission on the Enforcement of the Arbor Ordinance
PURPOSE: The purpose of this Board item is to update the City Commission as to the Public
Works Department standard procedure in the implementation and enforcement of the
Arbor Ordinance.
CONSIDERATIONS:
The Public Works Department is responsible for the administration of the Arbor
Code. The code requires that a permit be submitted for any activity which requires the
alteration of the natural vegetation on the land including building permits. The Public Works
Department issued 852 Arbor permits in the calender year for 1996. These permits were
issued to residents and developers. All permitees are bound to the conditions of the permit as
approved by the City Forester.
The Public Works Department had 11 violations of the Arbor Code in 1996. The
Arbor Code mandates the penalty for violators and in every instance the compliance standard
has been met. In particular, a developer in Winding Hollow that removed trees to
accommodate a City requirement for an emergency vehicle turnaround, left a lot without the
permit required buffer. To comply with the reforestation point standard mandated by the
code, the developer replanted trees at the direction of the city forester.
Revenues from the Arbor Permit have been approximately $5,000 annually. Last
fiscal year, 700 trees were purchased and planted in the City including the 500 given to
residents during the BOWS Board organized tree giveaway. The current arbor expenditures
budget is $6,500.
Apri114, 1997
Information Agenda II
Page .2
In conclusion, the program seems to be achieving its informational objective. We will
be back to the Commission in May with a report on the survivability rate of the tree giveaway
program and a recommendation as to whether to repeat it.
ATTACHMENTS:
1. Arbor Permit Forms (2)
2. Arbor Ordinance
COMMISSION ACTION:
None Required
ATTACHMENT No. 1
CI1Y OF WlNTER SPRINGS
ARBOR PERMIT APPLICATION
PUBLIC WORKS DEPT
PH-327-2669 FAX-327-0942
CONTRACTOR:
PHONE:
HOMEOWNER:
PHONE:
LOCATION:
LOT:
BLOCK
SECT
UNIT .:- SUBDIVISION:
ARBOR:
SlNGLE FAMll..Y LOT
TREE CUTTING
(number)
DEVELOPMENT(number of acres)
LAND CLEARING LAND ffiLlNG
PROPERTY MAP MUST BE A IT ACHED indicating trees" to be removed. I certify that trees to be cut fit
into the following categories as checked:
_(1) Trees located on building and construction sites as shown on approved plans;
_(2) Trees within ten (10) feet ofproposed structures or improvements so thaqt they restrict approved
construction;
_(3) Trees severely diseased, injured;
_(4) Trees which will interfere with provision of above-ground utility installations;
_(5) Trees which have been approved to be replaced elsewhere on the property by trees equivalent to those
to be removed.
_( 6) Other
I hereby acknowledge that the above information is correct, and awee to conform to the City of Winter Springs
zoning regulations and building codes. I agree if any public property is damaged, I will restore same to the
predamaged condition.
Applicants Name:
. Signature:
(PRJNT)
Public Property Inspected:
Sidewalks
Approach
Miami Curb
R-O-W Area
lNSPECTED AND APPROVED BY:
ARBOR PERMIT FEE $
(CITY FORESTER)
(BUll..,OING DEPT. APPROVAL)
DATE
DATE
ARBOR PERMIT millER
REVISED 03-14-96
lIUW
WINTER SPRINGS UTILITY I PUBLIC WORKS DEPARTMENT
110 NORTH FLAMINGO AVENUE
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-2669
Fax (407) 327-0942
DATE:
TO: PUBLIC WORKS DEPARTMENT
...
. .
.. ....
RE: WAIVER OF ARBOR PERMIT TO ALTER NATURAL LANDSCAPE
ADDRESS
.,.
LOT
BLOCK
UNIT
SUBDIVISION
I certify that no trees need to be removed as outlined in the City Arbor Ordinance
and the proposed alterations will not cause damage to trees. If it becomes evident later
that there might be damage or it becomes necessary to remove a tree, we will at that time
obtain the proper arbor permit. ;:
I agree if any public property is damaged, I will restore same to the predamaged
condition.
.'
NAME (Print)
SIGNATIJRE PHONE
Public Property Inspected:
Sidewalks_Approach_Miami Curb
R-Q-W Area
INSPECTED AND APPROVED BY:
ARBOR PERMlT NUMBER
CIIT FORESTER
DATE
PLEASE ATTACH PLOT PLAN
REVISED 03-14-96
m.aw
Sec. 5-1. Intent and purpose; applicability;
definitions.
(a) Intent and purpose. These arboreal stand-
ards of the city declare the tangible and intangi-
ble value of trees and plants to the citizens and
the community, in that they play a vital role in
the natural ecosystem of the city, benefitting t~e
air, water, soil, wildlife, and other vegetation of
the environment, and in that greenery as well .
contributes to the esthetic aspects of life. There-
fore, precedent to any activity which requires al-
teration of the natural vegetation on the land, an
application shall be presented to the city for re-
view of the extent and necessity of removal or
destruction of trees. No activity shall proceed until
a permit has been acquired from the appropriate
city office, as prescribed hereinafter in this chap-
ter. All activity undertaken without such permit
shall cease and desist immediately upon issuance
of notice by the city.
(b) Scope of applicability. The regulations en-
acted hereinafter shall apply to all real property
within the city limits. For emphasis and to avoid
doubt, these lands are designated hereinbelow:
(1) All publicly owned property;
(2) All private rights-of-way;
(3) All undeveloped property;
(4) All vacant property;
(5) All property to be redeveloped or renovated;
(6) . All property on which structures are to be
altered or enlarged;
(7) The greenspace, open space, and yard areas
of all developed property;
(8) All commercial property after construction;
(9) All residential lots before and after home
construction.
(c) Definitions. As used in this chapter, the words
and phrases listed below shall be construed ac-
cording to the meaning specified herein:
(1) Bona fide logging operation: The good-faith
operation of the business of felling trees of
merchantable size for lumber, cutting them
Supp. No.1
ATTACHMENT No. 2
ARBOR
H-l
into suitable-length logs, and hauling such
logs to some point for transportation to and/or
manufacture at sawmills and markets.
(2) Buildable area: That portion of a site within
the yard area on which a structure or im-
provements, including driveways and park-
ing lots, may be erected.
(3) Caliper: Measurement of tree at base.
(4) City forest: The aggregate of all street trees
and all park trees.
(5) D.B.H.: Diameter at breast height.
(6) Drip line: The vertical line running through
the outermost portion of the tree crown ex-
tending to the ground.
(7) Encroachment: The protrusion of a vehicle
into a vehicular accessway; pedestrian-way,
or required landscape area.
(8) Green area: Any portion of the site which is
planted and maintained in grass; shrubs
and trees or maintained as a natural drain-
age area (exclusive of concrete or asphalt
or other paving material).
(9) Landscaping: Landscaping shall consist of,
but not be limited to, grass, ground covers,
shrubs, vines, hedges, trees, berms, and com-
plementary structural landscape architec-
ture features, such as rock, fountains, sculp-
ture, decorative walls and tree wells.
(10) Landscaped dividing strips: Landscaped areas
containing ground cover, shrubs, and trees
or other landscaping used to partition park-
ing areas into individual bays.
(11) Park trees: Trees, shrubs, bushes, and all
other woody vegetation in public parks and
all open areas owned by the city, or to which
the public has free access.
(12) Parking areas: Any area, excluding public
right-of-way, used for the purpose of driv-
ing, maneuvering, parking, storing, or dis-
play of motor vehicles, boats, trailers, mo-
bile homes, and recreational vehicles includ-
ing new and used automobile lots, other
parking lots uses, and paved outdoor sales
areas.
299
~ 5.1
WINTER SPRINGS CODE.
(13) Parking spaces: A parking area used for
the temporary storage of a si ngle vehicle to
serve a primary use; groups of spaces and
the abutting accessway are called parking
lots.
(14) Shrubs: A self-supporting woody species of
plants characterized by persistent stems and
branches springing from the base.
(15) SingLe-famiLy lot: An area of land developed
for and restricted to a single-family residence.
(16) Specimen trees: Trees of significant size,
age or histm.jcal value (to be determined by
the city forester).
(17) Street trees: Trees, shrubs, bushes, and all
other woody vegetation on land lying be.
tween property lines o~ either side of all
streets, avenues, or ways within the city.
(18) Tree: Any living, self.supporting perennial
plant which has a trunk diameter of at
least three (3) inches measured at D.B.H.
(at the base of the tree) and normally grows
to a minimum overall height of fifteen (15)
feet.
(19) Trees pLanted for harvest: All trees which
have been planted, or shall be planted, with
the bona fide intention at the time of such
planting to commercially harvest such trees
in the future. Said trees shall include, by
way of illustration and not limitation,
Christmas trees, slash pines, and pulpwood.
(20) Yard area: An open space on the same lot
with a building, such space being unoccu.
pied and unobstructed from the ground up-
ward, with the exception of trees and other
natural vegetation.
(Ord. No. 451, 9 1, 3-27-87)
Sec. 5-2. City forestry office.
(a) Establishment of office. There is hereby cre-
ated within the department of public works, the
office of city forestry. The director shall head this
office and shall appoint one (1) or more employees
of the department to act in the capacity of for-
ester for Winter Springs.
Supp. No.1
(b) Scope of authority. The city forester shall be
charged with the responsibility and authority to
review and oversee all activities within the city
limits which cause removal of or create danger to
any trees.
(c) Responsibilities. The role of the city forester
shall be dual:
(1) To preclude removal of trees from private
property prior to review and approval of
development proposals.
(2) To augment the city forest by the planting
or approval of planting of additional trees
on public property.
COrd. No. 451, * 1,3-27-87)
Sec. 5-3. Regulations applicable to privately
held property.
(a) Petmit to alter natural landscape. Applica-
tion for a permit to disturb natural vegetation
shall be submitted prior to the following activities:
(1) Cutting down, rt;lmoving, or damaging dur-
..'
ing construction- any tree growing on prop-
erty located within the city limits.
(2) Land-clearing, land-removing, or land-filling
operations including use, operation, or pro-
pulsion of a bulldozer, payloader, front-end
loader, backhoe, dragIine, power shovel, road
grader, dump truck, dredge, fill spreader,
or other heavy duty equipment.
r.
None of the preceding activities shall proceed until
review of the request by the city forester and
issuance of a.. permit prescribing the extent of
operations being approved.
(b) Scope of review. The permit application may
be supported by drawings, plans, or photographs
. as necessary to depict to the city forester the present
natute' of the land, the proposed alteration, and
the objectives that may justify the removal of
trees. These submittals shall include all the fol.
lowing informatio~ pertinent to the stage of de.
velopment under review:
(1) Proposed location of streets, parkin{areas,
utility or drainage structures, buildings,
300
and any other physical improvements an-
ticipated;
(2) Specific location of all specimen trees within
these areas to be removed along with their
common names and current sizes (within
reason, plans should be modified to save
these trees);
(3) Proposed grade changes of more than one
.(1) foot depth outside of the building sites
which may adversely affect any trees;
(4) Proposed protective barriers to preclude dam-
age to uninvolved trees prescribed in Flor-
ida Division of Forestry guidelines (os
amended from time to time).
(c) Permit to be specific to stage of developmen.t.
The city forester shall review the above-prescribed
submittals and act upon the request under the
following authority either independently or as agent
of a staff-wide review, depending on the develop.
ment stage of a project:
(1) Predevelopment stage. The city forester uni-
laterally may review and issue permits for
land alteration incident to surveying, soils
investigations, and preparation of initial
development plans.
(2) Preliminary plan/preliminary engineer-
ing. The city forester shall act as advisor of
the city staff'in review of preliminary
development/engineering plans to recommend
the 'extent of land clearing to be authorized
with approval of such plans. The city for-
ester shall subsequently issue a permit pre-
scribing the alteration development/engi-
neering plan.
(3) Final engineering stage. The city forester
shall consider requests for additional tree
removal coincident with final engineering
plan review only when a developer shall
show that unexpected or unanticipated fac.
tors preclude any reasonable alternative
solution than destruction of further trees.
The city commission must sanction these
requests along with final engineering ap-
proval before the city forester may issue a
further permit for tree removal from the
~ubject land.
Supp. No.1
ARBOR
H.3
(4) Site plan. The city forester shall act as ad-
visor to the site .plan review board during
its review of plans for commercial or multi-
family site development proposals, for ei-
ther initial construction or expansion or
alteration .of a site. A permit which speci-
fies exactly which specimens or stands of
trees may be removed to develop a site must
be acquired before any modification of a
site may take place.
(d)- General criteria for issuance of permits to
remove trees. Trees may be authorized to be re-
moved only if they fit into one (1) of the following
categories; the validity of the status of a tree as
eligible for removal shall be verified on site by
the city forester prior to issuance of a permit:
(1) Trees located on building and construction
sites as shown on approved plans;
(2) Trees within ten (10) feet of proposed struc-
tures or improvements so that they restrict
approved construction;
(3) Trees se\Jerely diseased, or injured;
(4) Trees which will interfere with provision
of aboveground utility installations.
(5) Trees which' have been approved to be re-
placed elsewhere on the property by trees
equivalent to those to be removed.
(e) Public removal of trees on private property.
Only,tnder the following circumstances may city
employees prune or remove trees growing on pri-
vate property:
(1) Any dead or damaged or diseased tree which
constitutes a hazard to life and property or
danger to the city forestry shall be removed
by the property owner upon notification and
justification by the city forester. The prop-
erty owner must have' the tree removed
within fifteen (15) days '01' show cause why
it has not been removed. If no action is
take~ within fifteen (15) days of notice, city
employees may remove such trees and bill
the property owner. Unpaid bills become a
lien on the property.
(2) Tree limbs and. shrubs overhanging any
public right-of-way so that such branches
. 301
H-3
WINTER SPRINGS CODE
obstruct the light from any streetlight or
so that such branches obstruct the view of
any street intersection and create a hazard
to vehicular or pedestrian traffic. (All limbs
will be removed following standard arbori-
cultural standards).
(Ord. No. 451, ~ 1,3-27-87)
Sec. 5-4. Official green plan for public prop-
erty.
(a) Initial plan. The city forester under the guid-
ance of the director of public works, shall develop
an official Winter Springs Green Plan which pro-
vides to the city commission the following infor-
mation:
(1) Documentation on the current nature of
the city {orest consisting of parks, rights-
of-way, easements, and public facilities;
(2) Proposals for the care, preservation, replace-
ment, and new planting of trees and plants
on city limd;
(3) Projected budgetary data for at least the
subsequent five (5) years..
(b) Annual report. Each year the city forester
shall submit to the city manager a written report
on the progress toward implementation of the green
plan, including suggestions for additions and re-
visions to the plan. When ratified by the city
commission, these modifications shall, become in-
corporated into the official plan.
(c) Interim reports. Whenever requested by the
city manager, the city forester shall investigate
or analyze a site or concern and file a report on
findings on the matter.
(d) Implementation of city green plan. The city
forester shall cause the official green plan to be
implemented to adhere to the following guidelines.
(1) Street tree species to be planted. The offi-
cial street tree species for Winter Springs,
Florida, is presented below. No species other
than those included in these lists shall be
planted as street trees without written per-
mission of the city forester. Upon recom-
mendation from the State Division of For-
Supp. No.1
estry, this list may be revised with approval
from the commission.
Small Trees
Dahoom Holly
Hop Hornbeam
Jerusalem Thorn
Chickasaw Plum
Pindo Palm
Cherry Laurel
Medium' Trees
Dogwood
Cabbage Palm
Redbud
Golden RWn Tree
American Holly
Bay Loblolly
Pumpkin Ash
Large Tree"
Bald Cypress
Winged Elm
Hackberry
Red Maple
Laurel Oak
Live Oak
Washington Palm
Sycamore
Sweetgum
Date Palm
Magnolia
(2) Spacing. Trees shall be spaced at least at
the distance specified: Small trees, thirty
(30)'feet; medium trees, forty (40) feet; and
large trees, fifty (50) feet.
(3) Distance from curb and sidewalk. The min-
imum distance trees may be planted from
curbs or curblines' and sidewalks shall be:
Small trees, two (2) feet; medium trees, three
(3) feet; large trees, four (4) feet.
(4) Distance from str.eet corners arid fireplugs.
No street tree shall be planted nearer than
twenty (20) feet to any street corner, mea.
sured from the point of nearest intersect-
ing curbs or curblines. No stree,t'tree shall
be planted within ten (10) feet of any fireplug.
(5) Proximity of street trees to utilities. No
street trees other than those species desig-
nated small trees shall be planted under or
wjthj~ ten (10) lateral feet of any ove~head
utility wire, or. over or within five (5) lat-
eral feet of any underground water line,
sewer line, transmission .line, or other util-
ity installation.
(e) Protection of city forest:
(1) . 'IJ:ee topping. It shall be unlawful as a nor-
mal practice for any person, firm, or city
department to top any street tree, park tree,
or other tree on public property. Topping is
defined as the severe cutting back of-limbs
to stubs larger than three (3) inches in di-
ameter within the tree's crown to such a
302
"
degree so as to remove the normal canopy
and disfigure the tree.
(2) Damaged trees. Trees damaged by natural
causes and trees under utility wires or other
obstructions where other pruning practices
are impractical may be topped with approval
of the city forester.
(0 Interference with city forester. It shaIl be un-
lawful for any person to prevent, delay, or inter-
fere with the city forester or any designated agents
while engaging in and about the planting, culti-
vating, mulching, pruning, spraying, or remov-
ing of any street tree or park tree.
(Ord. No. 451, ~ 1,3-27-87)
Sec. 5-5. Enforcement.
(a) Monetary fine for willful destruction. Any
person who willfully destroys a tree shall be as-.
sessed a fine of up to but not exceeding twenty-
five thousand dollars ($25,000.00). In asses1:jing
the fine, the city shall consider, among other things,
the size, age, health, and number of trees dam-
aged or removed. This fine shall be in addition to
the replacement requirements set forth in sub-
section (b) below.
(b) Reforestation. Any person violating any of
the arboreal provisions set forth herein shall be
required to appear before the city commission which
shall be empowered to specify the number and
types and sizes of trees to be Ireplanted by the
individual to compensate the public for the loss of
existing trees. The guidelines in subsection (c)
below shall apply to reforestation of land illegally
cleared:
(c) Reforestation point standards:
(1) Minimum points required per acre. The
minimum number of tree points required
in each zoning category per acre of land
(excluding areas dedicated for rights-of-way
for streets) are as follows:
a. Residential (including residential PUD)
-Twenty-five (25) points per acre.
b. Neighborhood commercial districts (in-
cluding commercial PUD}--Twenty (20)
points per acre.:
Supp. No.1
303.
ARBOR .
H.5
c. General commenial! and: indnstrial dis-
tricts (including industrial PUD)'-Fifteen
(15) points per acre.
(2) Tree point standards:
Number of Points
a. Specimen tree (as. designated by
city forester) . . . . . . . . . . . . . . . .. 5
b. Large tree (40 feet high or 35-foot
crown) .........,.....:..... 5
_c. Medium tree (18 feet high or 12-
foot crown) ..... . . . . . . . . . . " 2*
d. SmaIVnonjuvenile tree (8 feet high
and 2-inch caliper) '. . . . . . . . . . .. 1
e.' Small/juvenile (8 feet high and 1-
inch caliper) . . . . . . . . . . . . . . . .. 0.75
f. Native shrubs material. . . . . . .. 0.1
*Plus five tenths (0.5) point for each
five (5) feet of additional height after
twenty (20) feet.
(3) Native species bonus. This bonus is awarded
in addition to the tree points listed above:
a. Specirtien tree NA
b. Large tree 1.0
c. Medium tree 0.5_
d. Small/nonjuvenile tree 0.25
e. Small/juvenile tree 0.1
(4) Minimum number of small, medium, and
large trees. A minimum of fifteen (15) per-
cent of all the IJ.blmber of trees counted to-
".
-ward these tree point standards must come
from each of the three (3) size categories of
small, medium, and large. To determine
t~ number of trees which will be needed
to meet this fifteen (15) percent requirement,
the following rules of thumb may be used:
a. Determine the total points on the site
as follows:
T = Number of acres x Points required per acre
b. Determine the' minimum number of me-
dium or large trees needed for fifteen
(15) percent requirement as follows:
Minimum Number = T x 9 percent
,
~ 5.5 WINTER SPRINGS CODE
c. To minimize the number of new small
trees to be planted retain the following
number of medium plus large trees:
Medium + Large Number Total = T x 30 percent
(5) All plant ma.terial must be properly planted
and protected from construction damage to
be eligible for tree points.
COrd. No. 451, ~ 1,3-27-87)
Supp. No.1
304
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