HomeMy WebLinkAbout2002 03 11 Public Hearings A First Reading - Ordinance 2002-08 Tree Protection
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COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
March 11. 2002
Meeting
v
Mgr. /
Att. /
Dept.
REQUEST:
The Community Development Department and the City Attorney present to the City Commission for
a first reading Ordinance No. 2002-08 amending Chapter 5 of the City Code by repealing the existing
Arbor Ordinance and adopting a new ordinance entitled Tree Protection Ordinance.
PURPOSE:
The City is committed to preserving and enhancing the green spaces within the City. The
preservation and maintenance of existing trees along with regulations controlling the installation of
new trees is one way for the City to meet its goal. The City Staff has reviewed the existing Arbor
Ordinance and has advised the Commission that the current Ordinance should be substantially revised
in order to preserve and protect the citizens of the City of Winter Springs and to promote a more
aesthetically and environmentally pleasing community.
APPLICABLE LAW AND PUBLIC POLICY:
City Ordinance Number 711, adopted March 22, 1999, amending ord. No. 451, adopted March 27,
1987.
Section 2(b), Article VIII, of the State Constitution.
Page 1 of 2
CONSIDERA TIONS:
Staff has encountered enforcement issues under the current City Code. It is believed the proposed
ordinance will correct these issues, but will further enhance the City's tree protection program by
clearly and more precisely providing for criteria and permitting requirements necessary for the
removal of trees. The Ordinance also provides for a specific and definite penalty provision which is
designed to encourage compliance. The Ordinance also has several exemptions and waiver
categories, as well as a provision for timely appeals of administrative decisions.
STAFF RECOMMENDATION:
The Community Development Director and City Attorney recommend the City Commission approve
this Ordinance for a second reading and public hearing.
ATTACHMENT:
Ordinance No.: 2002-08
COMMISSION ACTION:
F:\Lawyer\jeflb\City of Winter Springs\Agenda Sheets\Tree Protection Ordinance 2-26-02,wpd
Page 2 of 2
ORDINANCE NO. 2002-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
, CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CODE OF ORDINANCES BY REPEALING THE EXISTING
CHAPTER 5 ENTITLED ARBOR IN ITS ENTIRETY, AND
ENACTING A NEW CHAPTER 5 ENTITLED TREE
PROTECTION ORDINANCE; PROVIDING FOR
APPLICABILITY; LEGISLATIVE INTENT AND PURPOSE;
DEFINITIONS; PERMIT APPLICATION AND
PROCEDURES; DESIGNA TION OF SPECIMEN OR
HISTORIC TREES; TREE REPLACEMENT CRITERIA;
PROHIBITIONS; EXCEPTIONS; TREE PROTECTION
DURING DEVELOPMENT AND CONSTRUCTION;
WAIVERS AND APPEAL; REMEDIAL ACTION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORA TION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under ~2(b), Article VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Florida Constitution, Article II, Section 7 provides "It shall be the
policy of the State to conserve and protect its natural resources and scenic beauty."
WHEREAS, the City Commission is committed to preserving and enhancing green areas of
the City and by assuring the preservation of existing trees on public and private property and taking
steps to require maintenance of existing and the installation of new trees in the City; and
WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution
by removing particles such as dust and pollen, increase oxygen production, slow surface water run
off, reduce soil erosion, provide food, nesting sites and protection for wildlife, enhance scenic beauty,
and provide other environmental benefits; and
WHEREAS, the City Staff has reviewed the current Arbor Ordinance and has advised this
City Commission that the current Ordinance should be substantially revised in order to preserve and
protect the citizens of the City of Winter Springs and to promote a more aesthetically and
City of Winter Springs
Ordinance No. 2002-08
Page 1 of 18
environmentally pleasing community; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Repeal of Prior Chapter 5. The City of Winter Springs Code, Chapter 5, is
hereby repealed in its entirety. A copy of Chapter 5 is attached hereto as Exhibit "A" for reference
purposes to indicate the provisions hereby repealed.
Section 2. New Chapter 5 Created. A new Chapter 5 of the City of Winter Springs Code
is hereby created as follows:
CHAPTER 5 - TREE PROTECTION AND PRESERVATION
Sec. 5-1.
Applicability .
This ordinance shall be applicable to all land lying in the incorporated area of the City of
Winter Springs. Florida.
Sec. 5-2.
Intent and Purpose.
W Purpose, The purpose of this Chapter is to establish protective rep:ulations for Trees
within the City in order to maintain and protect the City Forest. to better control
problems of flooding. soil conversation. air pollution and noise. and to make the City
a healthier. more attractive and safer place in which to live.
1hl Intent. The intent of this Chapter is to encourage the protection of the maximum
number of Trees within the Primary Tree Protection Zone and of large Specimen
Trees within the Secondary Tree Protection Zone. It is further the intent of this
Chapter to encourage the protection of Trees native to Central Florida,
To this end. it shall be unlawful to cut down. damage. poison. or in any other manner
destroy or cause to be destroyed any Tree or other vegetation as covered by the
provisions ofthis ordinance except in accordance with the provisions set forth herein.
Notwithstanding. in case of emergencies involving natural disaster such as. but not
limited to. flood. freeze or other natural disasters. the requirements of this ordinance
may be temporarily waived by the City Commission by resolution.
City of Winter Springs
Ordinance No. 2002-08
Page 2 of 18
Sec. 5-3.
Definitions.
As used in this Chapter. the following terms shall have the meanings indicated unless the
context clearly indicates otherwise:
W Caliper. Measurement of Tree eight (8) inches from soil level.
(Q} City. The Citv of Winter Springs. Florida.
(sU City Forest. The aggregate of all street Trees and all park Trees.
@ Crown. The mass of branches. twigs and leaves at the top of a Tree. with particular
reference to its shape.
till DBN. Diameter of trunk at breast height. (approximately four and one-half (4 Y2) feet
from the ground of a Tree base).
ill Desirable Trees, Trees particularly adaptive to Central Florida identified as "desirable
trees" in Appendix B of this Chapter. as may be amended by the Citv Commission by
resolution,
(g} Dripline. The vertical line running throu~h the outermost portion of the Tree Crown
extending to the ground,
(h) Encroachment. The protrusion into a vehicular accessway. pedestrian-way. or
required landscape area.
ill Heavy Machinery. Mechanical Land Clearing. earth-moving. or earth-working
equipment with a gross weight in excess of 5.000 pounds. For purposes of this
ordinance. all machinery which utilizes steel tracks for traction shall be considered to
be Heavv Machinery. regardless of weight.
ill Historic Tree. A Tree which has been found by the City Commission to be of notable
historic interest to the Citv based on its age. species. size. historic association or
unique characteristics.
ill Land Clearing. The removal or grubbing. by any means. of any type of vegetation
from land. not including. however. activities governed by a Tree Removal permit.
ill Person, Any individuaL firm. corporation. partnership. ioint venture association.
principaL trustee. municipal corporation. political subdivision. or soecial district. or
any agent or representative thereof.
City of Winter Springs
Ordinance No. 2002-08
Page 3 of 18
!m) Preferred Plant List. Preferred Plant List shall mean the list of plant materials and
corresponding Tree Replacement Credit shown in Appendix "cn.
(n) Primary Tree Protection Zone. This shall mean the front. side and rear yard areas as
established and required by the Land Development Code ofthe City as the same may.
from time to time. be amended,
(Q) ProtectedArea. An area surrounding a protected. Historic. or Specimen Tree within
w~ch physical intrusion is prohibited in order to prevent damage to the Tree. roots
and soil around the Tree base. the dimensions of which shall be established by the City
and set forth in the Tree Removal permit. in according with Section 5-14.
uu Protective Barrier. Shall be a circle of one-inch to two-inch wide stakes spaced a
maximum of eight (8) feet from each other at the Dripline of the Crown and which
extend out of the ground at least eighteen (I8) to twenty-four (24) inches. with the
top two (2) to four (4) inches marked by fIourescent orange paint or tape,
(g) Replacement Trees. Replacement Trees shall at a minimum comply with the
provisions of Subsection 5-9.
(r) Secondary Tree Protection Zone. This shall mean all areas not included in the
Primary Tree Protection Zone, Subdivision street rights-of-way and easements are
also defined as being within the Secondary Tree Protection Zone.
W Specimen Tree. A Tree which is determined by resolution of the City Commission to
be of value to the community. because of its type. size. age or other significant Tree
characteristics.
ill Stem. The main trunk of a plant: its primary axis that develops buds and shoots
instead of roots.
ill} Topping, The severe cutting back oflimbs within the Tree's crown to prevent normal
growth to such a degree so as to remove the normal canopy and disfigure the Tree,
(y} Transplant. The act of relocating an existing Tree upon the same lot.
City of Winter Springs
Ordinance No. 2002-08
Page 4 of 18
lli1 Tree, Self-supporting wood. perennial plants of species which have a trunk with a
diameter of at least four (4) inches measured at Caliper and normally grow to an
overall Crown height ofa minimum of fifteen (15) feet.
W Tree Removal. Shall mean any act which will cause a Tree situated on real property
to die within a period of two (2) years from the time of the act including. but not
limited to. bv cutting. girdling. relocating. interfering with the water supply. applying
chemicals. regrading around the base of the Tree Trunk.
{y) Tree Replacement Assessment. Tree Replacement Assessment shall mean the total
amount of monetary compensation owed to the City of Winter Springs as provided
in this Chapter for the replacement of trees cut. destroyed. or removed as a result of
development or redevelopment.
W Tree Replacement Credit. The Tree Replacement Credit shall be equal to one-
hundred ($100.00) dollars and no cents in Tree replacement value.
(aa) Tree Trunk. The main Stem ofa Tree apart from limbs and roots.
(bb) Undesirable Trees. All types of Trees identified as "undesirable trees" in Appendix
A of this Chapter as amended from time to time by resolution ofthe City Commission.
Sec. 5-4.
Permit Required for Tree Removal and Land Clearing: Separate
Violations: Criteria
W Permit Required. No Person shall engage in Tree Removal or engage in Land
Clearing located within the City. without first obtaining a permit as provided in this
Chapter. It shall be a separate violation of this Chapter for each Tree removed and
each day a person is engaged in Land Clearing without a permit.
(Q) Criteria. Upon receipt of a completed application and verification on-site bv the City
Forester. a permit may be issued for Tree Removal under the following conditions:
ill Trees located on building and construction sites as shown on City approved
plans. provided said Trees are replaced elsewhere on the property in
accordance with &5-9 of this Chapter.
ill Trees located within ten (0) feet of a structure or other improvement.
provided said Trees are replaced elsewhere on the property in accordance
with ~5-9 of this Chapter,
City of Winter Springs
Ordinance No. 2002-08
Page 5 of 18
ill Trees severely diseased. severely iniured or dead.
ill Trees that interfere with the construction or repair of public utilities.
ill Undesirable Trees,
!Q) Trees removed by the City or other governmental agency and which are
located within a public road. drainage rights-of-way. or permanent utilities and
drainage easements,
ill Trees that have been approved by the City Forester and which shall be
replaced elsewhere on the property.
00 All Trees and plants. within a licensed Tree nursery. planted for harvest shall
be exempt from the terms and provisions of this Chapter only if Trees are
planted and growing on the premises of the licensee and are for sale or
intended for sale in its ordinary course of business,
(9.l Review Standards. When making a determination on whether to approve or deny an
application under this Chapter. the City Forester shall apply one 0) or more of the
following standards of review deemed relevant:
ill Necessity to remove Trees which pose a safety hazard to pedestrian or
vehicular traffic or threaten to cause disruption to public services and public
easements through Encroachment.
ill Necessity to remove Trees which pose a safety hazard to buildings and other
improvements on a lot or parcel of land.
ill Necessity to remove diseased Trees or Trees weakened by age. storm. fire or
other iniury that pose a safety hazard to people. buildings or other
improvements on lot or parcel of land.
ill The extent to which Tree Removal is likely to result in damage to the property
of other owners. public or private. including damage to lakes. ponds. streams.
or rivers through runoff or erosion.
ill Any proposed landscaping including plans whereby the applicant has planted
or will plant Trees to replace those that are proposed to be cleared.
!Q) Topography of the land and the effect of Tree Removal on erosion. soil
retention and the diversion or increased flow of surface water.
City of Winter Springs
Ordinance No, 2002-08
Page 6 of 18
ill Good forestry practices. i,e,. the number of healthy Trees that a given parcel
of land will reasonably support.
00 Necessity to remove Trees in order to construct approved and permitted
improvements to allow economic enioyment of the property. including:
(A) Need for access around the proposed structure for construction
equipment (maximum often (10) feet).
au Need for access to the building site for construction equipment.
(Q Essential grade changes,
ill) Need for locating street or road rights-of-way. utilities. drainage ways.
as well as the need to provide reasonable use and property access.
(2) The extent of any damage or demonstrated hardship which would result to the
applicant from a denial of the requested permit.
Q..Q1 The species and size of the Trees proposed for removal.
.Qll The following factors shall also be considered:
(A) Trees forming the current canopy.
au Preservation of the next generation of Trees.
Sec. 5-5.
City Forestry Office.
W Establishment of O(fice. There is hereby created within the Department of
Communitv Development. the Office ofCitv Forestrv. The Community Development
Director shall head this office and the City Manager shall appoint one (1) or more
employees of the department to act in the capacity of Forester for the City.
Dll 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 involve Tree
Removal. Land Clearing. or danger to and by any Tree.
19 Responsibilities. The role of the City Forester shall include. but not necessarily be
limited to:
City of Winter Springs
Ordinance No. 2002-08
Page 7 of 18
ill Receiving and processing applications for Tree Removal and Land Clearing
permits under this Chapter,
ill Inspection of all property subiect to an application.
ill Confirming all information provided by the applicant is correct and accurate.
ill To approve or deny all permit applications for Tree Removal and Land
Clearing.
ill To issue cease and desist work orders upon Persons in violations of this
Chapter.
@ To bring violators of this Chapter before the Code Enforcement Board.
ill To issue code enforcement citations for any violation of this Chapter.
00 To augment the City's Forest by the planting or approval of planting of
additional Trees on public property,
(2} To keep a permanent record of all Historic or Specimen Trees designated by
the City Commission.
QQ) To educate the public regarding this Chapter and the importance of
maintaining a City Forest.
Q.D. To handle other related iob duties assigned by the City Manager.
Sec. 5-6 Permit Application.
ill.) Filing Avvlication and Pavment of Fees. An application for Tree Removal and Land
Clearing shall be filed on official forms provided by the City's Forester, The applicant
may be required to pay a fee as may be established by resolution of the City
Commission. If the applicant is not the property owner. then the applicant shall attach
the written permission of the property owner to the application. Completed
applications shall be returned to the Forester. along with the following:
ill A Tree inventory consisting of a scaled aerial photograph or drawing of a
scale of one (1) inch equals three hundred (300) feet or greater indicating:
(A) Property boundaries.
City of Winter Springs
Ordinance No, 2002-08
Page 8 of 18
.au The location of all individual Trees including the Tree's common or
botanical name.
.c.g An indication of all Trees proposed for removal.
@ Within the Primary Tree Protection Zone. a plan shall designate the
Trees to be retained and those proposed to be removed. relocated or
replaced, Those Trees proposed for removal. relocation or
replacement shall also be identified by common or botanical name,
@ Within the Secondary Tree Protection Zone. a plan shall designate the
Trees to be retained. and those proposed to be removed.
ill The location of existing and proposed improvements. if any. including
structures. paving and utility easements,
ill Reasons for the removal of Trees.
ill The appropriate permit fees.
.Q:U Time for Application. Applications for a Tree Removal or Land Clearing permit shall
be made prior to removal or clearing: except that in the following cases. application
shall be filed when indicated:
ill All new subdivisions shall be required to submit an application for a Tree
Removal or Land Clearing permit. at the time of initial submittal of the
subdivision plan. to the City Forester so that due consideration may be given
to protection of Trees during the subdivision design process.
ill Any commercial. industriaL multi-family or other use requiring site plan
aoproval under the City land develooment regulations shall be required to
submit an application for a Tree Removal and Land Clearing permit at the
time of site plan submittal so that due consideration may be given to the
protection of Trees during the site plan design process.
ill All new single-family and duplex dwelling units shall be required to submit an
application for a Tree Removal and Land Clearing permit at the time of
application for a building permit: the Tree inventory may be shown on the
building permit plot plan.
W Exempting Portion of the Tree Survey. Upon request. the Forester may permit an
applicant to omit certain portions of the Tree inventory where compliance with the
City of Winter Springs
Ordinance No. 2002-08
Page 9 of 18
requirements set forth herein would be unnecessarily burdensome and the exeml'ted
portions are not needed for the City to evaluate the application.
@ Permit Fee, A nonreturnable permit fee to be establishing by resolution of the City
Commission shall be paid for purposes of processing the application. enforcing the
provisions of this Chapter. and inspecting the real property subiect to the application.
.uu Posting of Permit. The permit must be posted upon the property and visible from the
street to be valid.
Sec. 5-7
RESERVED.
Sec. 5-8.
Specimen or Historic Trees.
w
Designation. Certain Trees. herein referred to as "Specimen" or "Historic"
Trees. are of especially great concern to the public because of ecological
value. of indigenous character. size. age or historic association.
Determination that a Tree is a Historic Tree shall be made by resolution of the
City Commission. and the City Forester shall keep a permanent record of all
Trees so designated by the City Commission, Specimen Trees are all Trees
(other than "Undesirable Trees" identified in Appendix A) which are twenty
(20) inches or more in diameter. Designation as a Specimen or Historic Tree
may occur in anyone of the following ways:
ill An applicant may request designation of a Specimen or Historic Tree
as part of any master plan. preliminary subdivision plat. or site plan
application, To do so. the applicant shall submit an expert evaluation
by a landscape architect. horticulturalist. city forester. or other
horticultural expert as part of the application.
ill A property owner may request such designation at any time. To do
so. the property owner shall submit an expert evaluation by a
landscape architect. horticulturalist. city forester historian or other
horticultural expert,
ill The City's Forester may recommend such designation as part of their
review of any application for development. stating in writing their
reasons for such designation. or may make such designation as part of
an overall Tree protection planning program for the City or portion
thereof Such designation shall be subiect to approval by resolution
of the City Commission.
City of Winter Springs
Ordinance No. 2002-08
Page 10 of 18
Qll
Removal. Notwithstanding any other provision of this Chapter. Specimen or
Historic Trees shall not be removed except for extraordinary circumstances
and only by final permit approved by the City Commission.
Sec. 5-9.
Tree Replacement Guidelines.
W Tree Replacement. All Trees that are removed or destroyed and subiect to
replacement by this Chapter shall be replaced by a species of Tree cited in Appendix
B. Desirable Trees or Apoendix C. Preferred Plant List or such other Trees properly
approved by the City Forester,
Qll Criteria for Replacement Trees is as follows:
ill Characteristics of Replacement Trees. The replacement Tree( s) shall have at
least equal shade potential. screening properties. and/or other characteristics
comparable to that of the Tree( s) requested to be removed.
ill Size of Replacement Trees. Replacement Tree(s) are to be made according
to a standard of one (1 ") inch DBH total replacement for each one (I ") inch
DBH removed. unless (1) the Trees are replaced with Trees from the
Preferred Plant List; or (2) otherwise agreed upon by the City Commission
and applicant. Acceptable spacing and design standards are the only criteria
that shall limit the number of Trees used to meet the inch for inch
requirement.
ill Tree Svecies. Relocated or Replacement Trees shall include only species
defined as Desirable Trees (Appendix B) under this ordinance.
ill Transplanting and Maintenance Requirements, All Trees transplanted
pursuant to this ordinance shall be maintained in a healthy. living condition.
Any such Trees which die shall be replaced by the orooertv owner. The City
shall retain perpetual iurisdiction to ensure compliance with this Chaoter,
ill Waivers of Replacement Tree(s) Specifications. The number of required
Replacement Trees may be waived by the City Commission. if the City
Commission determines that the remaining number of Trees to be preserved
on site are of sufficient number and quality to substantially comply with the
purpose and intent of the Tree protection ordinance. Substitute Tree(s)
allowed under this Waiver provision must have the aoproval of the City
Commission, The value to be paid into the tree bank should be based upon
wholesale market prices.
City of Winter Springs
Ordinance No. 2002-08
Page 11 of 18
@ Replacement Alternative. As an alternative to the one for one Tree
replacement requirement set forth in this Section. an applicant may elect to
comply with the following Tree replacement guidelines:
(A) Applicant may deduct from the number of Trees to be replaced. Tree
Replacement Credits based on the number of replacement credits as provided
in the Preferred Plant Material List provided that:
ill All plant materials are Florida Grades and Standard One (I) or
better: and
(ill All plant materials are properly installed; and
(iii) The landscape plan for the propose development or
redevelopment to which the credits are to be applied is
prepared bv a landscape architect licensed by the State of
Florida; and
(iv) The Developer agrees to be responsible for the viability of the
replacement trees for one (1) year after installation. A
performance bond may be required to insure compliance.
(B) For every ten (10) trees located within a required public conservation
area. one (1) replacement tree credit may be applied. Such conservation area
must be a minimum of one (I) acre. not consisting of easements or other
dedicated areas such as roadways. utility easements. drainage easements. or
other such areas normally required for development. and shall consist of an
area with widths no less than 125 feet. unless otherwise approved by the City.
(C) For each tree located within a public conservation area of at least one
(1) acre that is not required by law. ten (10) replacement tree credits mav be
applied to each one (1) tree replacement requirement for development, In
addition. trees used to reforest such conservation area with material approved
by the City Forester. may be applied to the replacement requirement as set
forth in this section, Such public conservation area must be at least one (1)
acre with widths not less than 125 feet. unless otherwise approved bv the City,
(D) If the City Commission determines. due to site conditions or
configuration. it is impossible or impracticable for the applicant/developer to
meet the requirements for Tree Replacement. under this subsection. the City
Commission may allow the applicant/developer to pay into a "Tree Bank". to
be established by a resolution of the City Commission. the amount it would
City of Winter Springs
Ordinance No. 2002-08
Page 12 of 18
have spent on Replacement Trees.
@ Replacement Cost. The cost of replacing the Trees shall be incurred by the party that
removed the Trees or property owner.
Sec. 5-10.
Prohibitions.
W Placement of Materials. Machinery. or Temporary Soil Deposits. It shall be unlawful
to place material. machinery. or temporary soil deposits within five (5') feet of any
Tree Trunk or Stem having a diameter of four (4 ") inches or more at Caliper before
or during construction. Before or during construction the builder shall erect and
maintain suitable Protective Barriers around all Trees to be preserved. Upon written
request. the City Forester. on a case by case basis. may allow material or temporary
soil deposits to be stored within the Protective Barrier if no other storage is available,
(Q) Climbing Spurs. It shall be unlawful to use climbing spurs or other similar device
to aid in the climbing of a live tree. where such device causes the puncture or tears the
bark of the tree.
W Tree Spiking. It shall be unlawful to introduce any type of poison or reactive material
to a Tree for the purpose of causing it to die or become diseased.
@ Structure and Pavement Location. It shall be unlawful to place any structure or
impervious paving within eight (8') foot radius of any Tree Trunk or Stem having a
diameter of four (4 ") inches or more at Caliper.
@ City Trees. It shall be unlawful to trim. prune. or remove any tree which is within the
City's rights-of-way or upon any other City property without the permission of the
City evidenced by the appropriate permit.
ill Attachments. It shall be unlawful to attach anything to a Tree or Stem. including nails
or spikes. having a diameter of four (4") inches or more at Caliper. other than
protective wires. braces or other similar noniniurious materials.
(g) Cut and Fill Guidelines, It shall be unlawful to remove any material or ground within
a six (6') foot radius of any Tree Trunk or Stem having a diameter offour (4") inches
or more at Caliper. which is necessary for the growth of the Tree. Also when raising
the existing soil level. a maximum of six (6") inches of compatible topsoil may be
added within the Dripline before retaining walls must be utilized to preserve the
function of the Tree's roots.
Qll Encroachment of the Dripline. During the construction stage of development. the
City of Winter Springs
Ordinance No. 2002-08
Page 13 of 18
developer shall not cause or allow Land Clearing. the use of heavy equipment or
material within the Dripline of any Tree or groups of Trees to be retained. Neither
shall the developer cause or allow the disposal of waste material such as paint. oiL
solvents. asphalt. concrete. mortar or any other material harmful to the life of a Tree
within the Drioline of any Tree or groups of Trees. or where planting beds are to be
situated,
ill Shearing. Hat Racking. Topping or Poodle Trimming of Trees. Trees intended for
shade purposes shall be allowed to reach their mature canopy spread. Excessive
shearing. pruning or shaping shall be allowed with a permit or without a permit in
times of emergency only.
Sec. 5-11.
RESERVED.
Sec. 5-12.
Permit Contents: Expiration: Removal After Expiration of Permit.
W Permit Contents, The Tree Removal permit. when issued. shall specifically identify
which Trees shall be permitted to be removed. The removal permits merely authorize
the removal of the Trees specified therein, Nothing in this Chapter shall be construed
to require the removal of such Trees by the permittee,
ill Permit Expiration. Any permit issued under this Chapter shall automatically expire
six (6) months after issuance. except for permits issued in coniunction with a building
permit which shall automatically expire six (6) months after issuance or at such time
the building permit expires. whichever is later.
W Restrictions on Tree Removal After Permit Expiration. Trees not removed during the
life of the permit may not be removed without the issuance of a new permit based
upon a new application.
(d) Permit Displav. The permit shall be located and maintained uoon the site at all time,
Sec. 5-13.
Minimum Tree Requirement.
No certificate of occupancy shall be issued on the types of construction indicated below unless
the underlying parcel has at least the required minimum number of approved Trees:
W Any new single-family or duplex dwelling unit on a lot ofless than 6.000 square feet
or greater: not fewer than two (2) Trees,
ill Any new single-family or duplex dwelling unit on a lot ofless than between 6.001 and
10.000 square feet: not fewer than three (3) Trees.
City of Winter Springs
Ordinance No. 2002-08
Page 14 of 18
if) Any single commercial. industrial. multi-family or other structure requiring site plan
approval under the City land development regulations: no fewer than five (5) Trees
or approximately three (3) Trees per acre. which ever is greater.
Sec. 5-14.
Tree Protection During Development and Construction: Periodic
Inspection.
W Restrictions During Construction. It shall be unlawful for any Person. during the
construction of any structures or other improvements. to place solvents. paint or
masonry materials. construction machinery or temporary soil deposits within the
Dripline of any Tree for which a Tree Removal permit is required but has not been
obtained. This provision includes soil that is placed in the Dripline permanently for
the purpose of a grade change. unless the grade is changed according to the guidelines
described in the Florida Division of Forestrv. Department of Agriculture and
Consumer Services Publication. Tree Protection Manual for Buildings and
Developers.
au Burden of Tree Protection on Property Owner. It shall be the responsibility of a
developer or applicant to ensure that any Tree shown on the Tree inventory for which
a Tree Removal permit has not been obtained is to be protected. The property owner
shall guarantee survival of retained or Replacement Trees for two (2) years from
completion of permitted construction. If a retained or replacement Tree dies during
that time period. the property owner shall replace the Tree in accordance with a
remedial action approved under & 5-17 of this Chapter.
if) Protective Barriers Required. Posts shall be used as Protective Barriers to the roots
and Trunk of every Tree on the parcel being developed. The posts shall be placed at
points not closer than one-half radius of the Dripline of the protected tree. unless the
structure has been permitted by the City to be erected within the Dripline of a Tree
with a wide canopy. Each section of the barrier shall be clearly visible (flagged with
brightly colored plastic tape or other markers). No attachments or wires other than
those with a protective or non-damaging nature shall be attached to any Tree,
@ Site Inspections. The City Forester may conduct periodic inspections of the site. It
is the responsibility of the applicant to ensure that all provisions of this Chapter are
met.
Sec. 5-15.
V oluntarv Tree Planting.
This Chapter shall not be interpreted to restrict. re~late or limit the voluntary planting of any
Tree within the City. The provisions of this Chapter govern only the planting of Trees which
are required to be planted or retained under this Chapter. No tree or plant shall be planted
City of Winter Springs
Ordinance No. 2002-08
Page 15 of 18
within a City rights-of-way or easement without express permission from the City Forester,
Sec. 5-16.
Waivers and Appeals.
W Waivers, The City Commission may grant a waiver to provisions of this Chapter
where the applicant demonstrates that the literal interpretation of the ordinance will
deny the applicant reasonable use of the property or where such waiver can be
demonstrated to be consistent with the purpose and intent of the ordinance, The
preservation of any approved Tree over four (4) inches in caliper may be considered
as the basis for the grantin~ of a waiver from the literal application of the provisions
of the City's land development regulations. If. in the determination of the City
Commission. the sole basis for the request for waiver is to preserve such Tree which
would otherwise have to be removed. it may direct any required waiver fee to be
waived.
ill Appeals, Any Person adversely affected by an administrative interpretation of this
Chapter may appeal that interpretation to the City Commission by filing a written
notice of appeal of said interpretation within thirty (30) days of said interpretation.
Failure to file an appeal within said time period shall result in the administrative
interpretation to be declared final. The City Commission shall decide said appeal
within thirty (30) days of the City's receipt of said notice of appeal and the City
Commission's decision shall be final.
Sec. 5-17.
Remedial Action.
W Violations Require RemedialAction. Where violations of this Chapter have occurred.
remedial action shall be taken to restore the property consistent with a restoration
plan approved by the City Forester. The restoration plan may require Tree
replacement at not more than a ratio off our to one (4: 1) and require mitigation of any
other damage to the property. as well as Tree replacements.
fQ} Replacement Formula. Each Tree destroved or receiving maior damage during
construction must be replaced by either a comparable size and desirable type of Tree
as listed within Appendix B or four (4) Replacement Trees before issuance of a
certificate of occupancy or certificate of completion, Undesirable Trees must be
replaced with a desirable species.
W Property Owner to Guarantee Survival of Replaced Trees. The property owner shall
guarantee the survival of the Trees required to be placed under Subsection (b) above
for a period of two (2) years from the date the certificate of occupancy or certificate
of completion is issued. If the replacement Tree dies. the Tree shall be replaced in
accordance with this section.
City of Winter Springs
Ordinance No. 2002-08
Page 16 of 18
Sec. 5-18.
Enforcement: Penalties.
W Enforcement. The City may enforce the provisions of this Chapter bv any lawful
means including. but not limited to. issuing a civil citation. bringing char~es before the
City's Code Enforcement Board or special master. and seeking iniunctive and
equitable relief
.(Q} Penalties. In addition to all other remedies set forth in this Chapter. the following
civil fines shall apply to violations of this Chapter:
ill
ill
Failure to obtain a permit. , .
Fine not to exceed $5.000.00
ill
Removal of a Tree without a permit. . .
Fine not to exceed $5.000,00 per
Tree.
Any other violation of this Chapter. . .
Fine as provided by law.
@ Civil Fine Determination. In determining the amount of the civil fine. the following
factors shall be considered:
ill
ill
ill
ill
ill
@
ill
Sec. 5-19.
The gravity of the violation,
Anv actions taken by the violator to correct the violation.
Anv previous violations of this Chapter committed bv the violator.
The number and size of the Trees removed.
The historical significance of the Tree removed if the Tree was deemed
Historic.
Whether the violation is irreparable or irreversible in nature.
The remedial actions offered by the violator to restore the property consistent
with his Chapter,
Authorization to Adopt Rules and Regulations and Fees for
Implementation.
The City Commission is hereby authorized to adopt. by resolution. such rules and regulations
and fees as are necessary or proper to implement this Chapter.
City of Winter Springs
Ordinance No. 2002-08
Page 17 of 18
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2002.
ATTEST:
PAUL P. PARTYKA
Mayor
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2002-04
Page 18 of 18
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PART II CODE OF ORDINANCES
ChaDter 5 ARBOR"
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EXHIBIT
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Chapter 5 ARBOR"
"Editor's note--Ord, No. 711, S I, adopted March 22, 1999, substantially amended former Ch. 5 to
read as herein set out. Former Ch. 5, S9 5-1--5-5, pertained to the same subject matter and derived
from Ord, No, 451, S 1, adopted March 27,1987.
Cross reference(s)--Code enforcement board to enforce certain ordinances of the city, S 2-56 et seq.;
beautification board, S 2-76 et seq,; buildings and building regulations, Ch. 6; flood damage prevention,
Ch. 8; land development, Ch, 9; motor vehicles and traffic, Ch, 12; nuisances, Ch, 13; planning, Ch. 15;
signs and advertising, Ch, 16; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20.
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
Ilenvironment, 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.
If (b) Scope of applicability. The regulations enacted hereinafter shall apply to all real property
: within the city limits.
If (c) Definitions. As used in this chapter, the words and phrases listed below shall construed
' according 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 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
improvement, including driveways and parking lots may be erected.
.~~
(3) Caliper: Measurement of treeeight (8) (inches) from 'sc1iHe'vel.
(4) City forest: The aggr.egate 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.8.H.: Diameter at breast height, (approximately four and one-half (41/2) 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,
(8) Encroachment: The protrusion into a vehicular accessway, pedestrain-way, or required
landscape area,
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(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,
(11) Landscaped dividing strips: Landscaped areas containing ground cover, shrubs, and
trees, or other landscaping used to partition parking areas into individual parking bays.
(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 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, and
paved outdoor sales areas.
(14) Parking spaces: A parking area used for the temporary. storage of a 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.
(16) Single-family lot: An area of land developed for and restricted to a single-family
residence.
(17) Specimen trees: Trees of significant size, type, age or historical value, (to be
determined by the city forester).
(18) Street trees: Trees, shrubs, bushes, and all other woody vegetation on land lying
between property lines on either side of all streets, avenues, or ways within the city.
(19) Tree: Any living, self-supporting perennial plant which has a trunk diameter of at least
four (4) inches measured at caliper and normally grows to a minimum overall crown height of
fifteen (15) feet.
(20) 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 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.
(Ord. No. 711, I, 3-22-99; Ord. No. 726, 9 6-28-99)
Sec. 5-2. City forestry office.
(a) Establishment of office. There;: IS hereby created within the department of community
[II development, the office of city forestry. The community develop'ri"ientdirector shall head this office
I and shall appoint one (1) or more employees of the department to act in the capacity of forester for
Winter Springs.
(If(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.
fIl (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.
(Ord, No, 711, 9 I, 3-22-99)
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Sec. 5.3. Regulations applicable to privately held property.
[I'""" (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 before, 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 extent of operations being approved and the replacement trees specified.
(b) Scope of review. The permit application shall be supported by drawings, plans or
[ljphotographs 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 (1) foot depth;
(4) Proposed protective barriers to preclude damage to uninvolved trees.
(5) A tree survey of all trees four (4) inches or more in caliper.
[IJ-(C) Permit to be specific as to stage ot development. The city forester shall review the
: above-prescribed submittals and act upon the request 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 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 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. 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.:J"l're city commission must sanction these requests along with
final engineering approval before the city forester may" isstle' an additional permit for additional
tree removal.
:.':"
(4) Site plan. The city forester shall act as a advisor to the site plan review board during its
review of plans of commercial or multi-family site development proposals. 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.
!ii\(d) General criteria for issuance ot permits to remove trees. Trees may be authorized for removal
f!'!!J only if they fit into one 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 for removal:
(1) Trees located on building and construction sites as shown on approved plans may be
replaced elsewhere on the property or mitigated by a monetary replacement to be determined
by the city forester of the current wholesale cost of the tree being removed which shall be used
for enhancement and maintenance of trees located on public lands,
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(2) Trees within ten (10) feet of a proposed or an existing structure or other improvement
that restrict construction may be replaced elsewhere on the property or mitigated by a
monetary replacement to be determined by the city forester of the current wholesale cost of the
tree being removed which shall be used for enhancement and maintenance of trees located on
public lands,
(3) Trees severely diseased, injured or dead;
(4) Trees that interfere with provision of above ground utility installations and which will be
replaced elsewhere on the property;
(5) Trees that have been approved by the city forester to be replaced elsewhere on the
property,
(6) Trees that appear on the Florida Exotic Pest Plant Council's List of Invasive Plants, Class
I.
11 (e) Public removal 01 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
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 shall become a
lien upon the property.
(2) Tree limbs and shrubs overhanging public rights-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.)
(Ord, No. 711,9 I, 3-22-99; Ord. No. 711,992,3,6-28-99; Ord. No. 734, 9 1,9-27-99)
Sec. 5-4. Official green plan for public property.
lI(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 forester 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 fo~tieast the subsequent fiv~,{5} years.
(b) Annual report. Each year the city forester shall submit to the city manager through the
[If 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 manager, the city forester shall investigate or
' analyze a site or concern and file a report of findings on the matter.
II (d) Implementation 01 city green plan. The city forester shall cause the official green plan to be
I implemented to adhere to the following guidelines:
(1 ) 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.
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(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 corners and fireplugs. No street tree shall be planted 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 shall be planted under or within ten
(10) linear feet of any overhead utility wire, or within five (5) linear feet 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,
f1f(e) Maintenance at city trees:.
(1) Tree topping. It shall be unlawful for any person. 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 of limbs within the tree's crown to prevent normal growth 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.
(3) Tree sculpturing. Trees in commercial areas may be topped only when topping is part of
a landscaping plan, design or program to sculpt trees to accommodate a desired design or
design theme.
(jf(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.
(Ord. No. 711, ~ I, 3-22-99; Ord. No. 726, S 4, 6-28-99)
Sec. 5-5. Enforcement.
(a) Assessment. Failure to comply with the reforestations standards may result in charges being
Ifbrought 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 two hundred fifty dollars
($250.00) a day per violation, as set forth in section 2-60 of the Winter Springs City Code of
Ordinances, The City of Winter Springs may seek injunctive or other legal relief as offered by law.
(b) Reforestation. Any person violating any of the arboreal provision set forth herein shall be
IiJ1required to appear before the city forester which shall be empowered to specify the number and
.- types and sizes of trees to be planted by the individual to compensate the public for the lOss of
existing trees. The guidelines in sub'section (c) below shall apply to the reforestation of land illegally
cleared: ,." ....
111 (c) Reforestation point standa;ds~ ' .... .
(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 (including commercial PUD)-- Twenty (20)
points per acre.
c. General commercial and industrial districts (including industrial PUD)--Fifteen (15)
points per acre.
(2) Tree point standards:
Number of Points
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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, Small/nonjuvenile 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) Bonus points. Bonuses may be awarded for native species in addition to the tree points
listed above:
a, Specimen 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) 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 as follows:
T = Number of acres X Points required per acre
b. Determine the minimum number of medium or large trees needed for fifteen (15)
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 plus large trees:
Medium + Large Number Total = T X 30 percent
(5) All plant material must be prQ,perly planted and protected from construction damage to
be eligible for tree points, -, ~ .... , .,.. .
(Ord. No. 711, ~ I, 3-22-99)
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Common Name
Melaleuca, Paper Tree
Brazilian Pepper, Florida Holly
Australian Pines
Earleaf Acacia
Downy Rosemyrtle
Tropical Soda Apple
Woman's Tongue
Bishopwood
Carrotwood
Rosewood
Murray Red Gum
Benjamin Fig
Cuban Laurel
Chinese Tallow, popcorn tree
Java Plum
Rose Apple
Cork Free
Wedelia
Mimosa
Australian Pine
Camphor
Ear Tree
Cama Eucalyptus
Silk Oak
Jacaranda
Lead Tree
Cajeput or Punk Tree
Chinabeny
Chinese Tallow Tree
Florida Holly or Brazilian Pepper
Tropical Almond
Chinabeny
Australian Pine
Brazillian Pepper Tree
Punk Tree
Chinese Tallow
Monkey Puzzle
Castor Bean
Silk Oak
Acacia
Taro
Rice Paper Plant
Hydrilla
Water Hyacinth
Orchid Tree
APPENDIX A
UNDESIRABLE TREES
Scientific Name
Melaleuca Quinquenervia
Schinus Terebinthifolius
All Casuarina Species
Acacia Auriculiformis
Rhodomyrtus Tomentosus
Solanum Viarum
Albizia Lebbeck
Bischofia Javanica
Cupianopsis Anacardioides
Dalbergia Sissoo
Eucalyptus Camaldulensis
Ficus Benjamina
Ficus Retusa
Sapium Sebiferum
Syzygium Cumini
Syzygium Jambos
Thespesia Populnea
Wedelia Trilobata
Albizzia Julibrissin
Casuarina Species
Cinnamonum Camphora
Entelobium Contortisliquum
Eucalyptus Camuldulensis
Grevillea Robusta
Jacaranda Acutifolia
Leucaena Species
Melaleuca Species
Melia Azedarch
Sapium Sebiferum
Schhinus Terebinthifolius
Tenninalia Catappa
Melia Azedarach
Casuarina Equisetifolia
Schinus Terebinthifolius
Malaeuca Leucadendron
Sapium Sebiferum
Eucalyptus spp.
Ricinus Communis
Grevillea Robusta
Acacia Spp.
Colocasia Esculenta
Tetrapanax Papyriferus
Hydrilla Verticillata
Eichhornia Spp.
Bauhinia Variegata
Page I of 2
Common Name
Scientific Name
Suckering Australian Pine
Surinam Cherry
Laurel Fig
Catclaw Mimosa
Scheffiera
Tung Oil Tree
Devil Tree
Paper Mulberry
Ear Pod Tree
False Banyan
Weeping Fig
Bo Tree
Golden Shower Tree
Casuarina Glauca
Eugenia Uniflora
Ficus Microcarpa
Mimosa Pigra
Scheffiera Actinophylla
Aleurites Fordii
Alstonia Macrophylla
Broussonetia Papyrifera
Enterolobium Contortisliquum
Ficus Altissima
Ficus Benjamina
Ficus Religiosa
Koelreuteria Elegans
F:\DOCS\City of Winter Sprlngs\OrdlnanceslArbor Tree Protection Appendix A 2-27-02 jpb.jd
Page 2 of 2
APPENDIX B
DESIRABLE TREES
Common Genus Species Notes
Chapman Oak Q. Chapmanii Evergreen
Laurel Oak Q. Laurifolia E
Live Oak Qyercus Virginiana E
Myrtle Oak Q. Myrtifolia E
Scrub Oak Q. Geminata E
Turkey Oak Q. Laevis Deciduous
Water Oak Q. Nigra E
Willow Oak Q. Phellos D
Shumard (red) Q. Shumardii D
Longleaf Pine P. Palustris E
Pond Pine P. Serotina E
Sand Pine P. Clausa E
Slash Pine Pinus Elliottii E
Loblolly Pine P. Taeda E
Red Maple Acer Rubrum D
Silver Maple A. Saccharinum
Box Elder A. Negundo
Sweet Gum Liquidambar Styraciflua D
Sugarberry Celtis Laveigata
River Birch Betula Nigra
Loblolly Bay Gordonia Lasianthus E
Red Mulberry Moms Rubra
Hopornbeam Ostrya Virginiana
Southern Magnolia Magnolia Grandiflora E
Sweetbay Magnolia M. Virginiana E
Bald Cypress Taxodium Distichum D
Pond Cypress T. Ascendens D
Pignut Hickory Carya Glabra
Water Hickory Carya Aquatica
Snowbells Styrax Americana
Red Bay Persea Borbonia
Swamp Bay P. Palustris
Sycamore Platanus Occidentalis D
Cherry Laurel Prunus Caroliniana
Loquat, (Japanese Plum) Eriobotrya Japonica E
American Elm Ulmus Americana D
Chinese Elm (Drake) U. Parviflora D
Winged Elm U. Alata
Green Ash Fraxinus Pennsylvanica D
Water Ash F. Caroliniana D
Hercules Club (Toothache Tree) Zanthoxylum Clava-Herculis D
Elderberry Sambucus Canadensis E
Devil's Waliking Stick Aralia Spinosa D, Araliaceae (ginseng family)
Persimmon Diospyros Virginiana D
Page I of 3
Common
Genus
Ironwood
Flowering Dogwood
Swamp Dogwood
Swamp Black Gum
Dahoon Holly
American Holly
Southern Red Cedar
Juniper Torulosa
Fringe Tree
Weeping Willow
Willow
Flatwoods Plum
Chickasaw Plum
Tulip Poplar
Yellow Haw
May Haw
Red Bud
Sweet Acacia
Pindo Palm
Gabbage Palm
Washington Palm
Chinese Fan Palm
European Fan Palm
Needle Palm
Red Buckeye
Tough Bumelia
Simpson Stopper
Coral Bean
Yellow Anise
Pipestem
Sweet Acacia
Virginia Willow
Salt Mytrle
Beautyberry
Rusty Lyonia
Shiny Ly90nia
Wild Olive
Elderberry
Crape Myrtrie
American Holly
Dwarf Yaupon
Juniper
Saw Palmeto
Pittospomm
Podocarpus, Nagi
Podocarpus, Yew
Privet, Chinese
Privet, Florida
Privet, Japanese
Carpinus
Cornus
C.
Nyssa
Llex
L
Junipems
J.
Chioanthus
Salix
Salix
Pmnus
Pmnus
Liriodendron
Crataegus
Crataegus
Celtis
Acacia
Butia
Sabal
Washingtonia
Livistona
Chamaerops
Rhapidophyllum
Aesculus
Bumelia
Myrcianthes
Erythrina
Illicium
Agarista
Acacia
Itea
Baccaharis
Calicarpa
Lyonia
L.
Osmanthus
Sambucus
Lagerstroemia
Llex
L
Junipems
Serenoa
Pittospomm
Podcarpus
P.
Ligustrum
Forestiera
Ligustrum
Species
Caroliniana
Florida
Foemina
Sylvatica
Cassine
Opaca
Virginiana
Tomlosa
Virginicus
Babylonica
Caroliniana
Umbellata
Angustifolia
Tulipfera
Flava
Aestivalus
Canadensis
Farnesiana
Capitata
Palmetto
Robusta
Chinensis
Humilis
Hystrix
Pavia
Tenax
Fragrans
Herbacea
Parviflomm
Populifolia
Farnesiana
Virginica
Halimifolia
Americana
Ferruginea
lucida
Americana
Canadensis
Indica
Glabra
Vomitoria Schellings
Spp,
Repens
Tobira
Nagi
Macrophyllus
Sinense
Segregata
Japonicum
Page 2 of 3
Notes
D, wet
D, Showy white spring flowers
E, var. silicicola
E, aka Naked Wood
Common Genus Species Notes
Silverthorn Elaegnus Pungens
Viburnum, Sandanka Viburnum Suspensum
Viburnum, Sweet V. Odoratissimum
Viburnum, Walter's V. Obovatum
Wax Myrtle Myrica Cerifera
Indian Hawthorn Rapheolepis Indica
Titi Cyrilla Racemiflora
Cassia Senna Bicapsularis
Bougainvillea Bougainvillea
Buttonbush Cephlanthus Occidentalis
Sparkleberry Vaccinium Arboreum
Japanese Blueberry Eleaocarpus Decipiens
F:\DOCS\Clty of Winter Sprlngs\Ordlnances\Arbor Tree Protection Appendix B 2-27-02 jpb.jd
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APPENDIX C
PREFERRED PLANT LIST
TREE OR LARGE CREDIT AVERAGE CREDIT NET
SHRUB NAME SIZE RATIO COST VALUE GAIN
Yaupon Holly Multi-trunk 25-30 gal., 6' 2-1 $ 90.00 $ 200.00 $ 110.00
Simpson Stopper 25-30 gal., 6' 2-1 $ 90.00 $ 200.00 $ 110.00
Pygmy Data Palm, dbl. 30 gal., 4' 3-1 $125.00 $ 300.00 $ 175.00
Butia-Pindo Palm 30 gal., 5' 3-1 $100.00 $ 300.00 $ 175.00
European Fan Palm 30 gal., 4' 3-1 $150,00 $ 300.00 $ 175.00
Chinese Fan Palm. 30 gal., 5' 3-1 $100.00 $ 300.00 $ 175.00
Canary Island Date Palm 30 gal., 6' 3-1 $100.00 $ 300.00 $ 175.00
Date Palm, p, dactylifera 30 gal., 4' 3-1 $100.00 $ 300.00 $ 175,00
Windmill Palm 30 gal., 6' 3-1 $150.00 $ 300.00 $ 150,00
Sago 30 gal., 3' 3-1 $150.00 $ 300.00 $ 150,00
Little Gem MagnolIa 25-30 gal., 6' 3-1 $100.00 $ 300.00 $ 200.00
Red Bud 25-30 gal" 6' 3-1 $125.00 $ 300.00 $ 175.00
Cardinal Holly 25-30 gal., 6' 3-1 $125.00 $ 300.00 $ 175.00
Festive Holly 25-30 gal" 6' 3-1 $125.00 $ 300,00 $ 175,00
Robin Holly 25-30 gal., 6' 3-1 $125.00 $ 300.00 $ 175,00
Oakleaf Holly 25-30 gal., 6' 3-1 $125,00 $ 300.00 $ 175.00
Spartan Juniper 25-30 gal., 6' 3-1 $115.00 $ 300.00 $ 185.00
Torulosa Juniper 25-30 gal., 6' 2-1 $ 90,00 $ 200.00 $ 110.00
Flowering Dogwood 25-30 gal., 6' 3-1 $125.00 $ 300.00 $ 175.00
Camellia 25-30 gal., 5' 3-1 $145.00 $ 300.00 $ 155.00
Japanese Blueberry 25-30 gal., 6' 3-1 $120.00 $ 300.00 $ 180.00
Loblolly Bay 25-30 gal., 8' 2-1 $ 90.00 $ 200.00 $ 110,00
Upright Yaupon Holly 15 gal., 6' 2-1 $ 90.00 $ 200.00 $ 110.00
Weeping Yaupon Holly 25-30 gal., 8' 3-1 $100.00 $ 300.00 $ 200.00
Lerapetalum Standard 15 gal., 5' 3-1 $100.00 $ 300.00 $ 200.00
Chickasaw Plum 25 gal" 6' 2-1 $ 95.00 $ 200.00 $ 105.00
Red Buckeye 15 gal., 5' 2-1 $ 50.00 $ 200.00 $ 150.00
Myrtle Oak 15 gal., 5' 2-1 $ 50.00 $ 200.00 $ 150.00
Crataegus 15 gal., 6' 2-1 $ 50.00 $ 200.00 $ 150,00
Fringe Tree 15 gal., 6' 2-1 $ 50.00 $ 200,00 $ 150.00
Tabecuia 30 gal., 6' 2-1 $ 75.00 $ 200.00 $ 125,00
Bauhinia galpinia 10 gal" 5' 2-1 $ 50.00 $ 200.00 $ 150.00
Sweetffea Olive 15 gal., 6' 2-1 $ 50.00 $ 200.00 $ 150.00
Ligustrum Standard 45 gal., 8-10' 5-1 $ 300.00 $ 500.00 $ 200.00
Grape Myrtle Standard 45 gal., 8-10' 5-1 $ 350.00 $ 500.00 $ 150.00
Yaupon Holly Standard 25-30 gal., 6' 3-1 $ 100.00 $ 300.00 $ 200.00
Walter's Vibumum Standard 25-30 gal., 6' 3-1 $ 100.00 $ 300.00 $ 200.00
Needle Palm 25-30 gal., 5' 4-1 $ 200.00 $ 400.00 $ 200.00
Pygmy Date Palm, triple 30 gal., 4' 3-1 $ 150.00 $ 300.00 $ 150.00
Page 1 of 2
TREE OR LARGE CREDIT AVERAGE CREDIT NET
SHRUB NAME SIZE RATIO COST VALUE GAIN
Butia-Pindo Palm 65 gal., 8' 4-1 $ 200.00 $ 400.00 $ 200.00
European Fan Palm 65 ga1., 5' 5-1 $ 250.00 $ 500.00 $ 250.00
Chinese Fan Palm 65 ga1., 6' 5-1 $ 250.00 $ 500.00 $ 250,00
Canary Island Date Palm 65 gal., 8' 5-1 $ 250.00 $ 500.00 $ 250.00
Date Palm, P. dactylifera 65 gal., 5' 5-1 $ 250.00 $ 500.00 $ 250.00
Windmill Palm 65 gal., 8' 5-1 $ 300.00 $ 500,00 $ 200.00
Sago 65 gal" 4' 5-1 $ 250.00 $ 500.00 $ 250,00
Little Gem Magnolia 65 gal., 8' 5-1 $ 250.00 $ 500.00 $ 250.00
Spartan Juniper 65 gal., 6' 5-1 $ 250.00 $ 500.00 $ 250.00
Torulosa Juniper 65 gal., 6' 5-1 $ 250.00 $ 500.00 $ 250.00
Dahoon Holly 65 gal., lO'x4'x2' 5-1 $ 225.00 $ 500.00 $ 275.00
Live Oak 65 gal., 14'x6'x3' 5-1 $ 300,00 $ 500.00 $ 200.00
Winged Elm 65 gal., 12'x5'x2112 4-1 $ 225.00 $ 400.00 $ 175,00
Red Maple 65 ga1., 12'x5'x2112 4-1 $ 225.00 $ 400,00 $ 175.00
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