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HomeMy WebLinkAbout1998 12 14 Regular Item D COMMISSION AGENDA ITEM D Consent Informational Public Hearing Regular X December 14. 1998 Meeting Mgr. / Authorizat' n REQUEST: The Community Development Department - Code Enforcement Division requests the City Commission hold a first reading of Ordinance No. 711 to amend Chapter 5, Arbor, Ordinance No. 451, of the Code of Ordinances, City of Winter Springs. PURPOSE: The purpose of this agenda item is to seek Repeal of Ordinance No. 451, Chapter 5, Arbor by the City Commission and replace it with Ordinance No. 711, Chapter 5, Arbor. APPLICABLE LAW AND PUBLIC POLICY: Current regulation is provided by City of Winter Springs, Code of Ordinances, Ordinance No. 451, Chapter 5, Arbor, adopted March 27, 1989. CONSIDERATIONS: . The City has identified a need for revitalization of the existing Arbor Ordinance (Ordinance No. 451). . On October 5, 1998, a workshop was held to discuss the current regulation and proposed changes to Chapter 5, Arbor. This proposed Ordinance No. 711 reflects those changes. DECEMBER 14, 1998 AGENDA ITEM Page 2 FUNDING: No additional funding is anticipated with the adoption of Ordinance No. 711, Chapter 5, Arbor. STAFF RECOMMENDATION: City Staff recommends approval and adoption of Ordinance No. 711, Chapter 5, Arbor. ATTACHMENTS: Ordinance No. 451, as written, with revisions., City Code of Ordinances. Proposed Ordinance No. 711. COMMISSION ACTION: CHAPTER 5 ARBOR Sec. 5-1 Intent and purpose: applicability; definitions (a) Intent and purpose. These arboreal standards of the city declare the tangible and intangible value of trees and plants to the citizens and the community, in that they playa vital role in the natural ecosystem of the city, benefiting the air, water, soil, wildlife and other vegetation of the environment, and in that greenery as well contributes to the aesthetic aspects of life. Therefore, precedent to any activity which requires alteration of the natural vegetation on the land, an application shall be presented to the city for review of the extent and necessity ofremoval or destruction of trees. No activity shall proceed until a permit has been acquired from the appropriate city office, as prescribed hereinafter in this chapter. All activity undertaken without such permit shall cease and desist immediately upon issuance of notice by the city. (b) Scope of applicability. The regulations enacted hereinafter shall apply to all real property within the city limits. For emphasis and to avoid doubt, these lands are designated hcrcinbelO'.v: (c) Definitions. As used in this chapter, the words and phrases listed below shall be construed according to the meaning specified herein: (1) Bonafide logging operation: The good-faith operation of the business of felling trees of merchantable size for lumber, cutting them into suitable-length logs and hauling such logs to some point for transportation to and lor manufacture at sawmills and markets. (2) Buildable area: That portion of a site within the yard area on which a structure or improvement, including driveways and parking lots may be erected. (3) Caliper: Measurement of tree 8" (inches) from soil level at base. (4) City forest: The aggregate of all street trees and all park trees. (5) Crown: The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. (6) D.B.H.: Diameter at breast height, (approximately 4 1/2 feet from ground at tree base) (7) Drip line: The vertical line running through the outermost portion of the tree crown extending to the ground. 2 (8) Encroachment: The protrusion ef a vehicle into a vehicular accessway, pedestrian-way, or required landscape area. (9) Green area: Any portion of the site which is planted and maintained in grass, shrubs and trees or maintained as a natural drainage area (exclusive of concrete or asphalt or other paving material). (10)Landscaping: Landscaping shall consist of, but not be limited to, grass, ground covers, shrubs, vines, hedges, trees, berms, and complementary structural landscape architectural features, such as rock. fountains. sculpture, decorative walls and tree wells. - _0" _ .. (11) Landscaped dividing strips: Landscapea areas containing ground cover, shrubs, and .:o:~rees. or other lanrlscaping userl to partitiol! Darking areas into i~dividu_al parking baj'_s. (12)Park frees: Trees, shrubs, bushes ana all other woody vegetation in public parkS and alt open areas owned by the city or to which the public has free access. (/3)Parking areas: Any area, excluding public right-of-way, used for the purpose of driving, maneuvering, parking, storing, or display of motor vehicles, boats,trailers, mobile homes, and recreational vehicles including new and used automobile lots,other parking lot uses, an.d paved outdoor sales are~. _ _ {l4)Parking spaces: A parking area used for the ~emporary storage ora single vehicle to serve a primary use; groups of spaces and the abutting accessway are called parking lots. (15)Shrubs: A self-supporting woody species of plants characterized by persistent stems and branches springing from the base. (I6)Single-:family lot: An area ofland developed for and restricted to a single-family residence. (I7)Specimen trees: Trees of significant size, ~, age or historical value, (to be determined by the city forester) (I8)Street trees: Trees, shrubs, bushes, and all other woody vegetation on land lying _?_etween proeertv lines on either side of all streets, avenues. or ways within the city. . {l9)Tree: Any living, self-suppomng perenmal plant which has a trunk diameter ot at least three (3) inches measured at caliper D.B.H. (at the base of the tree) and normally grows to a minimum overall crown height of fifteen (15) feet. (20) Trees plantedfor harvest: All trees which have been planted, or shall be planted, with the bona fide intention at the time of such planting to be commercially harvested suefl trees in the future. Said trees shall include, by way of illustration and not limitation, but are not limited to Christmas trees, slash pines, and pulpwood. (21)Yard area: An open space on the same lot with a building, such space being unoccupied and unobstructed from the ground upward, with the exception of trees and other natural vegetation. Sec. 5-2 City forestry office. (a) Establishment of C?ffice. There is hereby created within the department of-pl:tbti-e weffis community development, the office of city forestry. The community development director shall head this office and shall appoint one (I) or more employees of the department to act in the capacity of forester for Winter Springs. 3 (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 on 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. Sec. 5-3 Regulations applicable to privately held property (a) Permit to alter natural landscape. Application for a permit to disturb natural vegetation or alter existing topography shall be submitted prior to the following activities: (1) Cutting down, removing, or damaging trees during or after construction any tree. growing on property located within the oity limits. (2) Land-clearing, land-removing, or land-filling operations, including HSe operation, or propulsion of a bulldozer, payloader, front-end loader, backhoe, dragline, power shovel, road grader, dump truck, dredge, fill spreader, or other heavy duty equipment. None of the preceding activities shall proceed until re'/ie..... of the request by the city forester has reviewed the proposal and issued issuanoe ef a permit prescribing the extent of operations being approved and the replacement trees specified. (b) Scope of review. The permit application may shall be supported by drawings, plans or photographs as necessary to depict to the oity forester the present nature of the land, the proposed alteration, and the objectives that may justify the removal of trees ,alteration of the existing topography. and/or the disruption of the natural vegetation. These submittals shall include all the following information pertinent to the stage of development under revIew: I. Proposed location of streets, parking areas, utility or drainage structures, buildings, and any other physical improvements anticipated: 2. Specific location of all specimen trees within these areas to be removed along with their botanical common names and current sizes (v/ithin reason, plans should be modified to save these trees); 3. Proposed grade changes of more than one( I) foot depth. outside of the building sites which may adversely affect any trees: 4:- Proposed protective barriers to preclude damage to uninvolved trees. prescribed in Florida Division of Forestry guidelines (as amended from time to time). 5. A tree survey of all trees over 6 inches caliper. (c )Permit to be specific as to stage of development. The city forester shall review the above-prescribed submittals and act upon the request under the following authority either independently or as and agent of a staff-wide review, depending on the development stage of a project: (1) Predevelopment stage. The city forester unilaterally may review and issue permits for land alteration incident to surveying, soils investigations, and preparation of initial development plans. 4 (2) Preliminary plan/preliminary engineering. The city forester shall act as an advisor to the city staff in reviewing ef preliminary development/engineering plans te and recommending the extent of land clearing to be authorized '.'lith approval of such plans. The city forester shall subsequently issue a permit prescribing the alteration of preliminary development/engineering 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 factors preclude any reasonable alternative solution than destruction of further additional trees. The city commission must sanction these requests along with final engineering approval before the city forester may issue an additional further permit for additional tree removal from the subject land. (4) Site plan. The city forester shall act as advisor to the site plan review board during its review of plans for initial construction or expansion or alteration of commercial or multi-family site development proposals for either of a site. A permit which specifies 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. fej General criteriafor issuance o.fpermits to remove trees. Trees may be authorized for te be removal only if they fit into one fB 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: (I) Trees located on building and construction sites as shown on approved plans and to be replaced elsewhere on the property as determined by the City Forester. (2) Trees within ten(l 0) feet of ~ proposed or existing structure or other improvements as that they restriot approved construction:and to be replaced elsewhere on the property by the City Forester. (3) Trees severely diseased or injured,. (4) Trees which will interfere with provision of aboveground utility installations; (5) Trees which have been approved by the forester to be replaced elsewhere on the property by trees equivalent to those to be removed, by city forester. (e) Public removal of trees on private property. Only under the following circumstances may city employees prune or remove trees growing on private property: (1) Any dead or damaged or diseased tree which constitutes a hazard to life and property or danger to the oity forestry shall be removed by the property owner upon justification and notification by the city forester. The property owner must have the tree removed within fifteen(15) days or show just cause why it has not been removed. If no action is taken within fifteen (15) days of notice, city employees may remove such trees and bill the property owner. Unpaid bills ftflj' shall become a lien upon the property. (3) Tree limbs and shrubs overhanging public right-of-way so that if such branches obstruct the light from any streetlight or so that such branches obstruct the view of 5 any street intersection and create creating a hazard to vehicular or pedestrian traffic. (All limbs will be removed following standard arboricultural standards.) Sec. 5-4 Official green plan for public property. (a) Initial plan. The city forester under the guidance of the director of~ublio \vorks, . ~ommunity development ,shall develop an official Winter Springs Green Plan which provides to the city commission the fo~lo~ing infor~ation: _ (I) Documentation on the current nature of the city forest consisting of parks, rights-of- way, easements and public facilities; (2) Proposals for the care, preservation, replacement, and HeW planting of new trees and plants on city land; (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 through the community development director a written report on the progress toward implementation of the green plan, including suggestions for additions and revisions to the plan. When ratified by the city commission, these modifications shall become incorporated into the official plan. (c) Interim reports. Whenever requested by the city manger, the city forester shall investigate or analyze a site or concern and file a report oo--of 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 offioial strcct trec speoies list for Wintcr Springs,Florida, is prescntcd below. No speoics other than those inoluded in tflese Hsts No street trees shall be planted as strcet trces without written permission of the city forester. Upon recommcAdation from the State Division of Forestry, this list may be rcvised with approval from-the commission. Small Trees Dahoon Holly H-op Hoenbcam Jerusalcm Thorn Chiokasaw Plum Pindo Palm Cherry laurel Wax Myrtle !.lcdium Trees La...gc Trees Dogwood Cabbage Palm Redbud Golden Rain Tree ,'\merican Holly Bay Loblolly Pumpkin Ash E. Palatka Holly Grccn f..sh Red Cedar Drake Elm Bald Cyprcss Winged Elm Hackberry Red Maple Laurel Oak Live Oak 'Nashington Palm S ycameFe Sweetgum Date Palm Magnolia Tulip POf}l-a-F 6 (2) Spacing. Trees shall be spaced at least at the distance specified: Small trees, thirty (30) feet; medium trees, forty (10) feet; and large trees, fifty (50) feeuhe optimum distance for each species. (3) Distance from curb and sidewalk. The minimum distanoe trees may be plaoe from curbs or curblines and sidewalks shall be: Small tree, 1\'lO (2) feet, Medium trees, three (3) feet; large trees, four (4) feet. Trees and shrubs shall be planted so as to allow proper visibility and to avoid root damage to curbs and sidewalks. (4) Distance from street corners and fireplugs. No street tree shall be planted Hearef closer than twenty (20) feet to any street corner, measured from the point of the nearest intersecting curb or curbline. No street 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 designated small trees shall be planted under or within ten (10) lateral linear feet of any overhead utility wire, or within five (5) lateral linear feet of any underground water line, sewer line,transmission line or other utility installation. No AU trees shall be planted in the city rights-of-way without the written approval of the city forester. (e) Maintenance of city trees (I) Tree topping. It shall be unlawful as a normal practice for any person, or firm, or city department emJ>>eyee to top any street tree, park tree or other tree on public or private property without a permit from the city forester .Topping is defined as the severe cutting back oflimbs to stubs larger than three(3) inches in diameter within the tree's crown to such a 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. (f) Interference with city forester. It shall be unlawful for any person to prevent, delay,or interfere with the city forester or any designated agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street tree or park tree. Sec. 5-5. Enforcement. (a) },,{onctarylinc fot willful destn.'cticm. Any person who willfully destroys a tree shall be assessed a fine of up to but not exceeding twenty five thousand dollars ($25,000). In assessing the fine, the oity shall consider, among other things, the size, age, health, and number of trees damaged r removed. This fine shall bc in addition to the replacement rcquirements set forth in subseotion (b) below. (a) Assessment. Failure to comply with the reforestations standards may result in charges being brought against the individual or company violating the arboreal provisions and requiring a hearing before the Code Enforcement Board which has the power to levy 7 fines up to $250.00 a day per violation. as set forth in Sec. 2-60 of the Winter Springs City code of Ordinances. (b) Reforestation. Any person violating any of the arboreal provisions set forth herein shall be required to appear before the oity oommission city forester which shall be empowered to specify the number and types and sizes of trees to be replanted by the individual to compensate the public for the loss of existing trees. The guidelines in subsection (c) below shall apply to the reforestation ofland illegally cleared: (c) Reforestation point standards: (I) Minimum points required per acre. The minimum number of tree points required in each zoning category per acre of land (excluding areas dedi,cated for rights-of-ways ) a. Residential (including residential PUD) Twenty-five (25) points per acre. b. Neighborhood commercial districts (including commercial PUD)- Twenty (20) points per acre. c. General commercia) and industrial districts (including industrial PUD)- Fifteen (IS) points per acre. (2)Tree point standards: 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 l2-foot crown)..................2 d. Small/nonjuvenile tree (8 feet high and 2-inch caliper).... I e. Small/juvenile (8 feet high and 2-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. Bonus Points. This bonus is Bonuses may be awarded for native species in addition to the tree points listed above: a. Specimen tree N/ A b. Large tree 1. 0 c. Medium tree 0.5 d. Small/nonjuvenile tree 0.25 e. Small/juvenile tree O. I (4) Minimum number of small, medium, and large trees. A minimum of fifteen (15) percent of aJ.I. the number of trees counted toward these tree point standards must come from each of the three (3) size categories of small, medium, and large. To determine the number of trees which will be needed to meet this fifteen (I5) percent requirement, the following rules of thumb may be used: ... ~ , 8 a. Determine the total points on the site a follows: T= number of acres x points required per acre b. Determine the minimum number of medium or large trees needed for the fifteen percent requirement as follows: Minimum number = T x 9 percent c. To minimize the number of new small trees to be planted retain the following number of medium and large trees: Medium + large number Total = T x 30 percent (5) All plant material must be properly planted and protected from construction damage to be eligible for tree points. Revision date 12/04/98 .,- .......... ...--- .' ORDINANCE NO. 711 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA REPEALING CHAPTER 5, OF THE CODE OF ORDINANCES AND PROVIDING FOR A NEW CHAPTER 5, ARBOR, PROVIDING FOR REPEAL, SEVERABILITY, AND EFFECTIVE DATE. WHERAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to provide for the adoption of arboreal standards, and; WHERAS, the City Commission of the City of Winter Springs, Florida, hereby adopts Ordinance 711, Arbor, which will become part of Chapter 5, of the Code of Ordinances of the City of Winter Springs. SECTION I REPEAL. This document repeals the Arbor Ordinance of March 27, 1989 (Ordinance 451). Should any conflict arise between the provisions of this Code and other local arbor regulations for the City of Winter Springs, the provisions of this Code shall apply. SECTION II SEVERABILITY If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION III EFFECTIVE DATE This Ordinance shall immediately take effect upon adoption, with a quorum present and voting, by the City Commission of the City of Winter Springs, Florida, this day of , 1998. Paul P. Partyka, Mayor City of Winter Springs ATTEST: Margo Pierce, CMC, City Clerk City of Winter Springs First reading Posted Second Reading and Public Hearing CHAPTER 5 ARBOR See. 5-1 Intent and purpose: applicability; definitions (a) Intent and purpose. These arboreal standards of the city declare the tangible and intangible value of trees and plants to the citizens and the community, in that they playa vital role in the natural ecosystem of the city, benefiting the air, water, soil, wildlife and other vegetation of the environment, and in that greenery as well contributes to the aesthetic aspects of life. Therefore, precedent to any activity which requires alteration of the natural vegetation on the land, an application shall be presented to the city for review 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 chapter. All activity undertaken without such permit shall cease and desist immediately upon issuance of notice by the city. (b) Scope of applicability. The regulations enacted hereinafter shall apply to all real property within the city limits. (c) Definitions. As used in this chapter, the words and phrases listed below shall be construed according to the mea~ng specified herein: (1) Bonafide logging operation: The good-faith operation of the business of felling trees of merchantable size for lumber, cutting them into suitable-length logs and hauling such logs to some point for transportation to and lor manufacture at sawmills and markets. (2) Buildable area: That portion of a site within the yard area on which a structure or improvement, including driveways and parking lots may be erected. (3) Caliper: Measurement of tree 8" (inches) from soil level. (4) City forest: The aggregate of all street trees and all park trees. (5) Crown: The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. (6) D.B.H.: Diameter at breast height, (approximately 4 1/2 feet from ground at tree base] (7) Drip line: The vertical line running through the outennost portion of the tree crown extending to the ground. (8) Encroachment: The protrusion of a vehicle into a vehicular accessway, pedestrian-way, or required landscape area. (9) Green area: Any portion of the site which is planted and maintained in grass, shrubs and trees or maintained as a natural drainage area (exclusive of concrete or asphalt or other paving material). (lO)Landscaping: Landscaping shall consist of, but not be limited to, grass, ground covers, shrubs, vines, hedges, trees, berms, and complementary structural landscape architf'!ctur:-1 fp.atures. such as rock. fountains. sculpture. decorative walls ~nd tree wells. (II) Landscaped dividing strips: Landscaped areas containing ground cover, shrubs, and trees. or other landsc3:ping used to r.artition p~king areas int~ ~nd~vidual parking hays, (12)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. (13)Parking areas: Any area, excluding public rightMof-way, used for the purpose of driving, maneuvering, parking, storing, or display of motor vehicles, boats,trailers, mobile homes, and recreational vehicles including new and used automobile lots, other oarkin$l; lot uses, and paved outdoor sales areas, . , (14 ).fJanang spaces: A parking area used tor the temporary storage of a single vehicle to' serve a primary use; groups of spaces and the abutting accessway are called parking Jots. (15)Shrubs: A self-supporting woody species of plants characterized by persistent stems and branches springing from the base. (16)Single-famiiy lot: An area of land developed for and restricted to a single-family residence. {l7)Specimen trees: Trees of significant size, type, age or historical value, (to be detennined by the city forester) (18)Street trees: Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on eit~er side of all streets. avenues. of\Vays within the citv. (I 9) Tree: Any living, self-supportmg perenlilar plant wmcn.nas a'trunk dlametcl ur ~ J\;aSl three (3) inches measured a1 caliper_and normally grows to a minimum overaltcrown height oftifieen (15) feet. (20) Trees plantedfor harvest: AU trees which have been planted, or shall be planted, with the bona fide intention at the time of such planting to be commercially harvested in the future. Said trees shall include, by way of illustration, but are not limited to Christmas trees, slash pines, and pulpwood. (20) Yard area: An open space on the same lot with a building, such space being unoccupied and unobstructed from the ground upward, with the exception of trees and other natural vegetation. Sec. 5-2 City forestry office. (a) Establishment of office. There is hereby created within the department of community development, the office of city forestry. The community development director shall head this office and shall appoint one (1) or more employees of the department to act in the capacity of forester for Winter Springs. (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: (I) To preclude removal of trees on 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. Sec. 5-3 Regulations applicable to privately held property (a) Permit to alter natura/landscape. Application for a permit to disturb natural vegetation or alter existing topography shall be submitted prior to the following activities: (I) Cutting down, removing, or damaging trees during or after construction. (2) Land-clearing, land-removing, or land-filling operations, including propulsion of a bulldozer, payloader, front-end loader, backhoe, dragline, power shovel, road grader, dump truck, dredge, fill spreader, or other heavy duty equipment. None of the preceding activities shall proceed until the city forester has reviewed the proposal and issued a permit prescribing the ~ent of operations being approved and the replacement trees specified. (b) Scope of review. The permit application shall be supported by drawings, plans or photographs as necessary to depict the present nature of the land, the proposed alteration, and the objectives that may justify the removal of trees ,alteration of the existing topography, and/or the disruption of the natural vegetation. These submittals shall include all the following information pertinent to the stage of development under review: 1. Proposed location of streets, parking areas, utility or drainage structures, buildings, and any other physical improvements anticipated: 2. Specific location of all specimen trees within these areas to be removed along with their botanical names and current sizes~ 3. Proposed grade changes of more than one(l) foot depth .: 4:- Proposed protective barriers to preclude damage to uninvolved trees~ ~ A tree survey of all trees over 6 inches caliper", (c)Permit to be specific as to stage of development. The city forester shall review the above-prescribed submittals and act upon the request under the following authority either independently or as an agent of a staff-wide review, depending on the development stage of a project: (1) Predevelopment stage. The city forester unilaterally may review and issue permits for land alteration incident to surveying, soils investigations, and preparation of initial development plans. (2) Preliminary plan/preliminary engineering. The city forester shall act as an advisor to the city staff in reviewing preliminary development/engineering plans and recommending the extent of land clearing to be authorized with approval of such The city forester shall subsequently issue a permit prescribing the alteration of preliminary development/engineering plans. (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 factors preclude any reasonable alternative solution than destruction of additional trees. The city commission must sanction these requests along with final engineering approval before the city forester may issue an additional further permit for additional tree removal. (4) Site plan. The city forester shall act as advisor to the site plan review board during its review of plans of commercial or multi-family site development proposals-for either of a site. A permit which specifies 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/or issuance of permits to remove trees. Trees may be authorized for to be removal only if they fit into one of the following categories: (1) Trees located on building and construction sites as shown on approved plans and to be replaced elsewhere on the property. (2) Trees within ten(10) feet of a proposed or existing structure or other improvements~ (3) Trees severely diseased or injured,. (4) Trees which will interfere with provision of aboveground utility installations; (5) Trees which have been approved by the forester to be replaced elsewhere on the property. (e) Public removal of trees on private property. Only under the following circumstances may city employees prune or remove trees growing on private property: (I) Any dead or damaged or diseased tree which constitutes a hazard to life and property shall be removed by the property owner upon justification and notification by the city forester. The property owner must have the tree removed within fifteen(15) days or show just cause why it has not been removed. Ifno action is taken within fifteen (15) days of notice, city employees may remove such trees and bill the property owner. Unpaid bills shall become a lien upon the property. (2) Tree limbs and shrubs overhanging public right..of-way if such branches obstruct the light from any streetlight or obstruct the view of any street intersection creating.a hazard to vehicular or pedestrian traffic. (All limbs will be removed following standard arboricultural standards.) Sec. 5-4 Official green plan for public property. (a) Initial plan. The city forester under the guidance of the director of, community development ,shall develop an official Winter Springs Green Plan which provides to the city commission the following information: (1) DocumentatIon on the current nature of the city forest consisting of parks, rights-of-way, easements and public facilities~ (2) Proposals for the care, preservation, replacement, and planting of new trees and plants on city land; (3) Projected budgetary data for at least the subsequent five (5) years. (b) A111lual report. Each year the city forester shall submit to the city manager through the community development director a written report on the progress toward implementation of the green plan, including suggestions for additions and revisions to the plan. When ratified by the city commission, these modifications shall become incorporated into the official plan. ' (c) Interim reports. Whenever requested by the city manger, the city forester shall investigate or analyze a site or concern and file a report o(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. (I) Street tree species to be planted, No street trees shall be planted without written permission of the city forester. (2) Spacing. Trees shall be spaced-the optimum distance for each species. (3) Distance from curb and sidewalk. Trees and shrubs shall be planted so as to allow proper visibility and to avoid root damage to curbs and sidewalks . (4) Distance from street comers and fireplugs. No street tree shall be planted closer than twenty (20) feet to any street comer, measured from the point of the nearest intersecting curb or curbline. No street tree shall be planted within ten (10) feet of any fireplug. 5) Proximity of street trees to utilities. No street trees shall be planted under or within ten (10) linear_feet of any overhead utility wire, or within five (5) linearJeet of any underground water line, sewer line, transmission line or other utility installation. No trees shall be planted in the city rights-of-way without the written approval of the city forester. ( e) Maintenance of city trees (1) Tree topping. It shall be unlawful for any person, or firm to top any street tree, park tree or other tree on public_or private property without a permit from the city forester . Topping is defined as the severe cutting back oflimbs to stubs larger than three(3) inches in diameter within the tree's crown to such a 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. (f) Interference with city forester. It shall be unlawful for any person to prevent, delay,or interfere with the city forester or any designated agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street tree or park tree. Sec. S-S. Enforcement. _(a)Assessment. Fai'lure to comply with the reforestations standards may result in charges being brought against the individual or company violating the arboreal provisions and requiring a hearing before the Code Enforcement Board which has the power to levy fines up to $250.00 a day per violation, as set forth in Sec. 2-60 of the Winter Springs City code of Ordinances. (b) Reforestation. Any person violating any of the arboreal provisions set forth herein shall be required to appear before the city forester which shall be empowered to specify the number and types and sizes of trees to be replanted by the individual to compensate the public for the loss of existing trees. The guidelines in subsection (c) below shall apply to the 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-ways ) a. Residential (including residential PUD) Twenty-five (25) points per acre. b. Neighborhood commercial districts (including commercial PUD)- Twenty (20) points per acre. c. General commercial and industrial districts (including industrial PUD)- Fifteen (l5) points per acre. (2) Tree point standards: 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. Smalllnonjuvenile tree (8 feet high and 2-inch caliper)....l e. Small/juvenile (8 feet high and 2-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)-.Bonus Points. Bonuses may be awarded for native species in addition to the tree points listed above: a. Specimen tree N/ A 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 oftifteen (15) percent of the number of trees counted toward these tree point standards must come from each of the three (3) size categories of small, medium, and large. To determine the 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 a follows: T= number of acres x points required per acre b. Determine the minimum number of medium or large trees needed for the fifteen percent requirement as follows: Minimum number = T x 9 percent c. To minimize the number of new small trees to be planted retain the following number of medium and large trees: Medium + large number Total = T x 30 percent (5) All plant material must be properly planted and protected from construction damage to be eligible for tree points. Revision date 9/08/98 Excerpt from the December 14, 1998 City Commission Regular Meeting, under Regular Agenda Item "D ": Attorney Guthrie read Ordinance number 711 by "title only". Attorney Guthrie said, "In tradition, Mayor, we just have a Motion to move this on to second reading", "SO MOVED". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER MILLER: AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE; COMMISSIONER McLEOD: AYE. MOTION CARRIED. Docs\COMMISSI\minutes\1998\Excerpt December 14 1998. 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