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HomeMy WebLinkAbout2003 01 13 Regular K Waiver to Provisions of Arbor Ordinance 2002-08 :;.} COMMISSION AGENDA ITEM K CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X 01113/03 Meeting MGR. ~EPT C~ Authorization ' REQUEST: The Parks and Recreation Department requests that the City Commission consider granting a waiver to provisions of the Arbor Ordinance # 2002-08 for purposes of construction of park facilities at Central Winds Park. PURPOSE: This agenda Item is needed to exempt the city from the provisions of the tree ordinance to construct desired and mandated public park facilities. CONSIDERATION: . On September 4, 2001 a majority of the Citizens of Winter Springs voted for a bond referendum to acquire and develop property adjacent to Central Winds Park know as the Parker Property. . On March 11, 2002 the City Commission accepted the Central Winds Park Expansion and Concept Plan from the AD Hoc Advisory Committee. . The report includes Sports Fields (2 football, 2 soccer, 2 softball and 2 baseball). . On April 8, 2002, the City Commission adopted Ordinance No. 2002-08 Arbor Ordinance. . The Arbor Ordinance allows tree removal by the City or other Governmental Agency which are located within a Public Road, Drainage Right-of-way, or Permanent Utility and Drainage Easement (Section 5-4, B-6). . Ordinance No. 2002-08 (Arbor Ordinance) Section 5-16. Waivers and Appeals. The City Comniission 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 ofthe property. . There are 15,590 trees on the site 4" or larger. . The majority of trees on the site (14,900) are 14 years old pines grown to keep an agricultural exemption. 1 . There is only $ 150,000 available in remaining bond funds for phase I of the Central Winds Park Expansion Project. . Being sports fields; this project requires large open spaces. Also due to the 20 ft. difference in elevation on the property the project requires relocation of soil or extensive import offill. . The Central Winds Park Expansion project will carefully follow tree protection as outlined in the tree ordinance for the large oaks to be preserved. . Tree planting will be incorporated in Phase II with walkways, trail connection, and building. FUNDING: If waived as proposed by staff there would be no cost. Without the waiver the cost could be in excess of$ 600.000. RECOMMENDATION: Staff recommends that the City Commission waive the provisions of Ordinance No. 2002-08 (Arbor Ordinance) tree protection ordinance from improvements to Central Winds Park upon the following findings: 1. Section 5-4 B/6 exempts tree removal on public property from the ordinance. The Commission finds that the property in question is public property and is therefore exempt. 2. Section 5-9 B/5 and Section B-16A provides the Commission the authority to waive tree replacement when it determines that remaining trees are sufficient to comply with the intent of the ordinance and where the literal interpretation of the ordinance will deny the applicant reasonable use ofthe property: The Commission finds that the remaining trees of this property are sufficient for a public park of this type and that the literal interpretation of the ordinance would deny the applicant, in this case the city, from reasonable use of its property which has been set a side to construct park facilities as provided in the City's Comprehensive Plan and to fulfill a public mandate to construct park facilities as provided in a referendum of the citizens of Winter Springs. IMPLEMENTATION SCHEDULE: January 2003 Open Central Winds Park Expansion Clearing, Grubbing and Final Grading Bids. Award Bid. Tree Removal. February, 2003 March 2003 ATTACHMENTS: Attachment # 1 Attachment # 2 Ordinance No. 2002-8 Phase I Site Plan COMMISSION ACTION: 2 ATTACHMENT # 1 '\. ."\ ORDINANCE NO. 2002-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CODE OF ORDlNANCES BY REPEALING THE EXISTING CHAPTER 5 ENTITLED ARBOR IN trs ENTIRETY, AND ENACTING A NEW CHAPTER 5 ENTITLED TREE PROTECTION ORDINANCE; PROVIDING FOR APPLICABILITY; LEGISLA1'IVE INTENT AND PURPOSE; DEFINITIONS; PERMIT APPLICATION AND PROCEDURES; DESIGNA nON OF SPECIMEN OR HISTORIC TREES;' TREE REPLACEMENT CRITERIA; PROHIBITIONS; EXCEPTIONS; TREE PROTECTION DURING DEVELOPMENT AND CONSTRUCTION; WAIVERS AND APPEAL; 'REM~DIAL ACTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDlNG FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 92(b), Article VIII of the State Constitution, to exercise any power for municjpal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7 proyides "It shall be the. policy of the State to conserve and protect its: natural resources and scenic beauty." WHEREAS, the City Commission is C9nunitted to preserVing and enhanci~g green ar~'of the City and by assuring the preservation of eXiSting trees on jiublic and private property and taking steps to require maintenance of existing and ~e.itis~a:tion ofneY' trees in the City; and . WHEREAS. trees aid in energy conservation by ~ooling the atmosphere. reduce air poUu~on' . by removing parti.cles such as dust and poUen; 'increase oxygen production, slow surface water run off: reduce soil erosion, provide food. nesting'~ites andprot~tion for wildlife. enhance scenic beauty... . . . /... and provide other environmental benefits; and . '.' . . ~l _ . W~REAS. the City Staff has reviewed the Jirenl Arbdr Ordinance and has advised:tbi. City Commission that the current Ordinance should be substantially revised in order to preserve' arid pmtect the citizens of the City of Winter Springs and to promote a more aesthetically and environmentally pleasing community; and City of Winter Springs Ordinance No. 2002-08 Page 1 or [9 " " '\ :.'-:.~'.'. '\.. \ /...~. I / .;. i' . ~ 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 refurence 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 See. 5-1. Applicability. This ordinance shall be applicable to all land lving 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 regulations 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. @ 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 ~rotection 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 of this 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 ofthis'ordinance may be temporarily waived by the City Commission by resolution. City of Winter Springs Ordinance No. 2002-08 Page 2 of 19 . 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 soilleveI. (Q} City. The City of Winter Springs. Florida. uu 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. - Uti 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 AppendixB. of this Chapter. as may be amended by the City Manager. {g} Dripline. The vertical line running through the outermost portion of the Tree Crown extending to the ground. ill 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 0[5.000 pounds. For purposes of this ordinance. all machinery which utilizes steel tracks for traction shall be considered to be Heavy 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 City 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. activi.ties governed by a Tree Removal permit .' ill Person. Any individual. firm. corporation. partnership. ioint venture- association. -principal. trustee. municipal corporation. political subdivision. or special distrIct. or any agent or representative thereof City of Winter Springs Ordinance No. 2002-D8 Page 3 of 19 . o Un.} Preferred Plant List. Preferred Plant List shall mean the fist of plant materials and corresponding Tree Replacement Credit shown in Appendix "C". which may be amended from time to time by the City Manager in writing. (ill Primary Tree Protection Zone. This shall mean the front. side and rear yard areas as established and required by the Land Development Code of the City as the same may. from time to time. be amended. . (Q} ,ProtectedArea. An area surrounding a protected. Historic. or Specimen Tree within which 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. (Q.l 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 perimeter of the Tree. Protection Zone and which extend out of the ground at least eighteen (I 8) to twenty-four (24) inches. with the top.two (2) to four (4) inches marked by flourescent orange paint or tape. (g) Replacement Trees. Replacement Trees shall at a minimum comply with the provisions of Subsection 5-9. (d 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. other than an undesirable tree. dead tree. or diseased tree. that is twenty (20) inches or more in diameter. ill Stem. The main trunk of a plant: its primary axis that develops buds and shoots instead of roots. M Topping. . 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. M Transplant. The act of relocating an existing Tree upon the saine lot. (w) .' 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 ora minimum orfifteen (IS) feet. City of Winter Springs Ordinance No. 2002-D8. Page 4 of 19 ~.. W Tree Protection Zone. Shall mean that area located around the perimeter of the Tree in which no activity such as clearing. filling. excavating. storage of materials.. parking of vehicles. or any other activity-that in the opinion of the Forester may damage the Tree may occur. This zone is calculated according to Appendix 0 to this Ordinance. (y} 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. by 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. (aa) Tree Replacement Credit The Tree Replacement Credit shall be equal to one- hundred ($100.00) dollars and no cents in Tree replacement value. fQQ} Tree Trunk. The main Stem of a Tree apart from limbs and roots. ~ Undesirable Trees. All types of Trees identified as "undesirable trees" in Appendix A of this Chapter as amended from time to time by the City Manager in writing. Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations; Criteria ful 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. Qll Criteria. Upon receipt of a C?mpleted application and verification on-site by 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 (10) 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-D8,. Page 5 of 19 , . ill Trees severely diseased. severely iniured or dead. ffi Trees that interfere with the construction or re ublic utilities. m Undesirable Trees. per Appendix A. @ ill Forester and which shall be 00 J!;) Review Standards. When makin a detennination on whether to a a lication under this Cha ter the Citr Forester shaH a lone I follOwing standards of review deemed relevant: ill ill hazard to buildin s and other ill other in'u that Ose a safet. hazard to iIDprovements on lot or parcel of lan~ s: !12 lanted :~ ..~ -~j .~-I .~ g :< .'~ . ~ .. J :"J . ., '1: " :..:.~ . -,; .s ~ ill (Q) To 0 ra h of the land and the e/fect of Tree Removal on erosion soil retention and the diversion or increased flow of surface water. City of Winter Springs Ordinance No. 2002-D8 Page 6 of 19 '," ill Good forestry practices. such as the number of healthy Trees that a given parcel ofland will reasonably support and the proven techniques that sustain healthy trees. 00 Necessity to remove Trees in order to construct approved and permitted improvements to allow economic enioyment of the property. including: @ Need for access around the proposed structure for construction equipment (maximum often (10) feet). an Need for access to the building site for construction equipment. !!d 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. am The species and size of the Trees proposed for removal. .QU The following factors shall also be considered: @ Trees forming the current canopy. an Preservation of the next generation of Trees. See. ~5. City Forestry Office. w.. -Establishment of (}ffice.. ... There is hereby created within the Department. .of . : CommuriiiY Development.. the ()"fficie otCityJ'orestry. The Community Development . Director shall head this office and the City Manager shall appoint one (1) or more emploveesofthe.deiJartnient to actin the capacity of Forester for the City. (Q} 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. @ Responsibilities. The role of the City Forester shall include. but not necessarily be limited to: . City of Winter Springs Ordinance No. 2002-0S Page 7 of 19 ill Receiving and processing applications for Tree Removal. Land Clearing and other 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 under this Chapter. m To issue cease and desist work orders upon Persons in violations of this Chapter. (Q} To bring violators of this Chap.ter 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. !22 To keep a permanent record of all Historic or Specimen Trees designated by the City Commission. (lQ} To educate the public. regarding this Chapter and the importance of ". maintaining a City Forest. .Ql} To handle other related iob duties assi~ed by the City Manager. See. 5-6 Penn it Application. U0. Filing Application and Payment 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 (I) inch equals three hundred (300) feet or greater indicating: @ Property boundaries. City of Winter Springs Ordinance No. 2002-O~.. . Page 8 of 19 ' ill} The location of all individual Trees including the Tree's common or botanical name. (G} An indication of all Trees proposed for removal. .Q2} 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. m ReasonsJor the removal of Trees. ill The appropriate permit fees. (Q} 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-familv or other use requiring site plan approval under the Citv land development regulations shall be required to submit .anapplication for a Tree Removal and Land Clearing perrttit 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 t_he time of application for a building permit: the Tree inventory may be shown on the building permit plot plan. .' uu 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-oS Page 9 of 19 ~ requirements set forth herein would be unnecessarily burdensome and the exempted 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. Uti Posting of Permit. The permit must be posted upon the property and visible from the street to be valid. Sec. 5-7 RESERVED. See. 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. dead trees or diseased trees) which are twenty (20) inches or more in diameter. Designation as an Historic Tree may occur in anyone of the following ways: ill An applicant may request designation of an 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 , . . ........ 0"..... . . ~..' ....~.:~.. .~: ~ ~ ~ ~ To ! .' City of Winter Springs Ordinance No. 2002-0S Page 10 of 19 ". ill Historic Tree designations shall be subiect to approval by resolution of the City Commission and the City Commission may grant tree replacement credits. upon granting an Historic. Tree designation. Dll Removal. Notwithstanding any other provision of this Chapter. Specimen or Historic Trees shall not be removed except for extraordinary circumstances and hardships 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 A~pendix B. Desirable Trees or Appendix C. Preferred Plant List or such other Trees oro;erl7 approved by the City Forester. Replacement shall occur within ninety (90) da s of removal or destruction unless a greater replacement period is provided for good cause by permit. (Q} 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 0 Re lacement Trees. Re lacement Trees are to be made accordin~ to a standard of one (I ") inch DBH total replacement for each one (I ") inch DBH removed. unless (I) 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 Species. 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 and maintained by the property owner. The City shall retain perpetual iurisdiction to ensure compliance with. this Chapter. .' ill Waivers of Replacement Tree(s) Specifications. The number of required:- Replacement Trees may be waived by the City Commission. if the City City of Winter Springs Ordinance No. 2002-D8 Page II of 19 i. , 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 this ChaRter and a tree replacement fee is paid to the City's "Tree Bank," which is hereby established. Monies collected in the Tree Bank shall be used for enhancement and maintenance of trees on public lands. Substitute Tree s allowed under this Waiver rovision must have :the: approval of the City Commission. The value to be paid into the tree bank should be based upon wholesale market value of the trees being replaced.. @ Replacement Alternative. As an alternative to the one for one Tree replacement requirement set forth in this Section. an applicant.may electto .. comply with the following Tree replacement guidelines: A A licant ma deduct from the number of Trees to be re laced 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 (1) or better: and @ All plant materials are properly installed: and (iii) The landscape plan for the proposed development or redevelopment to which the credits are to be applied is prepared by a landscape architect licensed by the State of Florida: and (iv} The Developer shall guarantee survival of retained. and . replacement trees for a period of one (1) year from the completion of construction. unless a greater time oeriod .is required by development agreement. If retained . or replacement Trees die during that time period. the Developer. shall replace the tree in accordance with a remedial action. under Section 5-17 of this Chapter. ~ ',;.;.. (B) For each tree located within a public conservation area dedicated to the ... . Ci as art ofa develo ment ro'ect three 3 re lacement tree credits ma be applied to the total number of trees required to be replaced by this. Chapter... However. the minimum tree requirement set forth in Section 5-13 shall Still.' apply. Such public conservation area must be at least one (I) acre with widths. not less than 125 feet. unless otherwise approved by the City Commission. . In addition. trees approved by the City Forester to reforest such conservation Cily of Winler Springs Ordinance No. 2002-D8 Page 12 of 19 area shall also be applied to the replacement requirement on a one-for-one basis. (C) 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 the City's "Tree Bank" the amount it would have spent on Replacement Trees. Uti Replacement Cost. The cost of replacing. the Trees shall be incurred by the party that removed the Trees or property owner. Prohibitions. ./ Sec. 5-10. W Placement of Materials. Machinery, or Temporary Soil DeTJosits. It shall be unlawful to place material. machinery. or temporary soil deposits within the Tree Protection Zone 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. mayallow 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. uu Tree Spiking. Itshall 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. Uti City Trees. It shall be. unlawful to trim. prune. or remove any tree which is within the City's rights-or-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. City of Winter Springs Ordinance No. 2002-08 Page l3 of 19 ill ill Sec. 5-11. Sec. 5-12. " (g} Cut andFill Guidelines. It shall be unlawful to remove or add any material or ground within the Tree Protection Zone unless otherwise permitted by the Forester. Encroachment of the Dripline. During the construction stage of development. the developer or property owner 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 Dripline of any Tree or groups of Trees. or where planting 'beds are to be situated. . , 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' orily be allowed with a permit by demonstrating necessity or without a permit in times of emergency only. RESERVED. 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. au Permit Expiration. Any permit issued under this Chapter shall automatically expire . six 6 months after issuance exce t for ermits.issued in con' unction with a buildin . pennit which shall automatically expire six (6) months after issuance or at such time the building permit expires. whichever is later. ./ !f} Restrictions on Tree Removal After Permit Expiration. Trees not removed durin~ the life of the permit may not be removed without the issuance of a new permit based upon a new application. @ Permit Display. The permit shall be located and maintained upon the site at all time. See. 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: City of Winter Springs Ordinance No. 2002-0S Page 14 of 19 (Q} .,!Ql .. 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. (Q} Any new single-family or duplex dwelling unit on a lot ofless than between 6.00 I and 10.000 square feet: not fewer than three (3) Trees. (f1 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 Durine 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 pumose of a grade change. unless the grade is changed according to the guidelines described in the Florida Division of Forestry, Department of Agriculture and Consumer Services Publication, Tree Protection Manual" for Buildings and Developers. 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 trees and Replacement Trees for one (1) year from completion of permitted construction. unless a greater time period is required by development agreement. If a retained or replacement Tree dies during that time period. the property owner shall replace the Tree. in accordailce with a remedial action. approved under ~ 5-17 of this Chapter. Protective Barriers Required. Posts shall be used as Protective Barriers to the roots .and Trullk 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. City of Winter Springs Ordinance No. 2002-D8 Page 15 of 19 , un 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. Voluntary Tree Planting. This Chapter shall not be interpreted to restrict. regulate 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 u!lder this Chapter. No tree or plant shall be olanted within' a City rights-of-way or easement without express permission from the City Forester. See. 5-16. Waivers and Appeals. W Waivers. The City Commission may grant a waiver to orovisions 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 granting ofa 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. (Q} 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. See. 5-17. Remedial Action. W Violations Require RemedialAction. Where violations ofthis 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 of four to one (4: 1) and reauire mitigation of any . other damage to the property. as well as Tree replacements. (Q} Replacement Formula. Each Tree destroyed 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 City of Winter Springs Ordinance No. 2002-OS Page IG of 19 certificate of occupancy or certificate of completion. Undesirable Trees must be replaced with a desirable species. i0 Pro er Owner to Guarantee Survival 0 Re laced Trees. The ro ert owner shall guarantee the survival of the Trees required to be placed under Subsection (b) above for a eriod of two 2 ears from the date the certificate of occu anc or certificate of completion is issued. unless a greater time period is required by development agreement. If the replacement Tree dies, the Tree shall be replaced in accordance with this section. Sec. 5-18. Enforcement~ Penalties. fill En orcement. The Cit ma enforce the rovisions of this Cha ter b an lawful means including. but not limited to. issuing a civil citation. bringing charges before the City's Code Enforcement Board or special master. and seeking injunctive and equitable relief .GU Penalties. In addition to all other remedies set forth in this Chapter. the following civil fines shall apply to violations of this Chapter: 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. ill Any other violation of this Chapter. . . Pine as provided by law. (fl Civil Fine Detennination. In determining the amount of the civil fine. the following factors shall be considered: ill The gravity of the violation. ill Any actions taken by the violator to correct the violation. ill Any previous violations of this Chapter committed by the violator. ill The number and size of the Trees removed. .ill The historical significance of the Tree removed if the Tree was deemed Historic. @ Whether the violation is irreparable or irreversible in nature. City of Winter Springs Ordinance No. 2002-OS Page 17 of 19 I '- , ill The remedial actions offered by the violator to restore the property consistent .. with his Chapter. Sec. 5-19. 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. . . , 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 maybe changed or modified as necessary to effectuate the foregoing. Section S. 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 .April. 2002. PAULP. }lARTYKA Mayor City of Winter Springs Ordinance No. 2002-08 Page IS of 19 Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: March 11, 2002 S d R d. March 25, 2002 econ ea 109: Third Reading and Adoption: April. 8, 2002 Effective Date: April 8, 2002 City of Winter Springs Ordinance No. 2002-08 Page 19 of 19 Common Name Acacia Australian Pine Australian Pines Australian Pine Benjamin Fig Bishopwood Bo Tree Brazilian Pepper, Florida Holly BrazilIian Pepper Tree Cajeputor Punk Tree Cama Eucalyptus Camphor Carrotwood Castor Bean Catclaw Mimosa Chinaberry Chinaberry Chinese Tallow Tree Chinese Tallow Chinese Tallow, popcorn tree Cork Free Cuban Laurel Devil Tree Downy Rosemyrtle Ear Tree Ear Pod Tree Earleaf Acacia False Banyan Florida Holly or Brazilian Pepper Golden Shower Tree Hydrilla Jacaranda Java Plum Laurel Fig Lead Tree Melaleuca, Paper Tree Mimosa . Monkey Puzile Murray Red Gum Orchid Tree Paper Mulberry Punk Tree Rice Paper Plant APPENDIX A UNDESIRABLE TREES Scientific Name Acacia Spp. Casuarina Species All Casuarina Species Casuarina Equisetifolia Ficus Benjamina Bischofia Javanica Ficus Religiosa Schinus TerebinthifoIius Schinus Terebinthifolius MelaIeuca Species Eucalyptus CamuldulenSis Cinnamonum Camphora Cupianopsis Anacardioides Ricinus Communis Mimosa Pigra Melia Azedarch Melia Azedarach Sapium Sebiferum Sapium Sebiferum Sapium Sebifenim Thespesia Populnea Ficus Retusa Alstonia MacrophyIla Rhodomyrtus Tom~ntosus Entelobium Contortisliquum Enterolobium ContortisIiquum Acacia Auricu1iforrnis Ficus Altissima Schhinus Terebinthifolius. Koelreuteria Elegans : .:,.~ :. Hydrillll V ertici~lata., .:::::. .,. . Jacaranda AcutifoIia,.. . Syzygium Cumini Ficus Microcarpa Leucaena Species . Melaleuca QuinquenerVia' . Albizzia Julibrissin . Eucalyptus spp. . . . Eucalyptus Camaldulensis .. Bauhinia Variegata .. . Broussonetia Papyrifera :. Malaeuca Leucadendron Tetrapanax Papyriferus J'o Page I of 2 \. Common Name Scientific Name Rose Apple Rosewood Schefflera Silk Oak Silk Oak Suckering Australian Pine Surinam Cherry Taro Tropical Soda Apple Tropical Almond Tung Oil Tree Water Hyacinth Wedelia Weeping Fig Woman's Tongue Syzygium Jambos Dalbergia Sissoo Schefflera Aclinophylla Grevillea Robusta Grevillea Robusta Casuarina Glauca Eugenia Uniflora C910casia Esculenta Solanum Viarum Tenninalia Catappa Aleurites Fordii Eichhomia Spp. Wedelia Trilobata Ficus Benjamina Albizia Lebbeck F:\DOCS\Clty of Winter Spring.IOrdlnancc.lArbor Tree Protection Appendix A.Jd Page 2 of 2 Common American Elm American Holly American Holly Bald Cypress Beautybeny Bougainvillea Box Elder Buttonbush Cabbage Palm Cassia Chapman Oak Cheny Laurel Chickasaw Plum Chinese Elm (Drake) Chinese Fan Palm Coral Bean Crape Myrtrie Dahoon Holly Devil's Walking Stick Dwarf Yaupon Elderbeny Elderbeny European Fan Palm Flatwoods Plum Flowering Dogwood Fringe Tree Green Ash Hercules Club (foothache Tree) Hopornbeam Indian Hawthorn Ironwood Japanese Bluebeny Juniper Juniper Torulosa Laurel Oak Live Oak LobloIly Bay . LobloIly Pine' Longleaf Pine Loquat, (Japanese Plum) May Haw Myrtle Oak Needle Palm Persimmon ~ APPENDIX B DESIRABLE TREES Genus Ulmus 1. L1ex Taxodium Calicarpa BougainviIlea A. CephIanlhus Sabal Senna Q. Prunus Prunus U. Livistona Erythrina Lagerstroemia L1ex Aralia 1. Sambucus Sambucus Chamaerops Prunus CornU$ Chioanthus Fraxinus Zanthoxylum Ostrya Rapheolepis Carpin~.. EleaOcarpUs Junipe~ 1. Q. Qyercus Gordonia P. P. Eriobotrya Crataegus Q. RhapidophyIlum Diospyros Species Notes Americana Opaca Glabra Distichum Americana D D Negundo OccidentaIis Palmetto. Bicapsularis C~pmanii Evergreen Caroliniana Angustifolia Pmvillora D Chinensis Herbacca Indica Cassine Spinosa D, AraIiaccae (ginseng family) Vomitoria ScheIIings Canadensis E Canadensis Humilis UmbeIlata Florida. D, Showy white spring flowers VirginicuS ~~lwnica D Clava-Hetculis D. Virginiana .. Indica . . . caroIiniaru(::..p..:~ .. D, wet Decipiens':. Spp. Torulosa Laurifolia E . Virginiana . E Lasianthus E Taeda. .E Palustris . . E Japonica . E. Aestivalus . Myrtifolia E Hystrix Virginiana D .' Page I of 3 Common Genus Species Notes Pignut Hickory Carya Glabra Pindo Palm Butia Capitata Pipestem Agarista Populifolia Pittosporum Pittosporum Tobira Podocarpus, Yew P. MacrophyIlus Podocarpus, Nagi Podcarpus Nagi Pond Pine P. Serotina E Pond Cypress T. Ascendens. D Privet, Chinese Ligustrum Sinense Privet, Japanese Ligustrum Japonicum Privet, Florida Forestiera Segregata Red Bay Persea Borbonia Red Mulberry Morns Rubra Red Buckeye Aesculus Pavia Red Bud Celtis Canadensis Red Maple Acer Rubrum D River Birch Betula Nigra Rusty Lyonia Lyonia Ferruginea Salt Mytrle Baccaharis Halimifolia Sand Pine P. Clausa E Saw Palmeto Serenoa Repens Scrub Oak Q. Geminata E Shiny Lyonia L. Iucida Shumard (red) Q. Shumardii D Silver Maple A. Saccharinum Silvert1lOrn Elaegnus Pungens Simpson Stopper Myrcianthes Fragrans E, aka Naked Wood Slash Pine Pinus Elliottii E SnowbelIs Styrax Americana Southern Red Cedar Juniperus Virginiana E, var. silicicola Southern Magnolia Magnolia GrandifIora E Sparkleberry Vaccinium Arboreum . Sugarberry Celtis Laveigata Swamp Black Gum Nyssa Sylvatica Swamp Dogwood C. Foemina Swamp Bay P. Palustris Sweet Acacia Acacia Farnesiana Sweet Gum Liquidambar Styraciflua D Sweet Acacia Acacia Farnesiana Sweetbay Magnolia M. Virginiana E Sycamore Platanus Occidentalis D Titi , Cyrilla Racemiflora Tough Bumelia Bumelia Tenax Tulip Poplar Liriodendron Tulipfera Turkey Oak Q. Laevis Deciduous Viburnum, Walter's V. Obovatum Viburnum, Sandanka Viburnum Suspensum Viburnum, Sweet V. Odoratissimum Page 2 of ) Common Genus Species Notes Virginia Willow !tea Virginica Washington Palm Washingtonia Robusta Water Oak Q. Nigra E Water Ash F. Caroliniana D Water Hickory Cal}'a Aquatica Wax Myrtle Myrica Cerifera . Weeping Willow Salix Babylonica Wild Olive Osmanthus Americana Willow Salix Caroliniana Willow Oak Q. Phellos D Winged Elm U. Alata YeHow Haw Cratae~ Flava Yellow Anise llIicium Parviflorum. '::.,.', .' , . F:\DOCS\Clty or Winter Springl\Ordlnanecs\Arbor Tree Protcdlon Appendix D.Jd Page 3 of 3 .... ..' .~.: \ APPENDIX C PREFERRED PLANT LIST TREE OR LARGE CREDIT AVERAGE CREDIT NET SHRUB NAME SIZE RATIO COST VALUE GAIN Bauhinia galpinia 10 gal., 5' 2-1 $ 50.00 $ 200.00 $ 150.00 Butia-Pindo Palm 30 ga1., 5' 3-1 $ 100.00 $ 300.00 $ 175.00 Camellia 25-30 gal., 5' 3-1 $ 145.00 $ 300.00 I $ 155.00 Canary Island Date Palm 30 gal., 6' 3-1 $ 100.00 $ 300.00 $ 175.00 Cardinal Holly 25-30 ga1., 6' 3-1 $ 125.00 $ 300.00 $ 175.00 Chickasaw Plum 25 gal., 6' 2-1 $ 95.00 $ 200.00 $ 105:00 Chinese Fan Palm. 30 gal., 5' 3-1 $ 100.00 $ 300.00 $ 175.00 Crataegus 15 gal., 6' 2-1 $ 50.00 $ 200.00 $ 150:00 Date Palm, P. dactylifera 30 gal., 4' 3-1 $ 100.00 $ 300.00 $175.00 European Fan Palm 30 gal., 4' 3-1 $ 150.00 $ 300.00 $ 175.00 Festive Holly 25-30 gal., 6' 3-1 $ 125.00 $ 300.00 $ 175.00 Flowering Dogwood 25-30 gal., 6' 3-1 $ 125.00 $ 300.00 $ 175.00 Fringe Tree 15 gal., 6' 2-1 $ 50.00 $ 200.00 $ 150.00 Grape Myrtle Standard 45 gal., 8-10' 5-1 $ 350.00 $ 500.00 $ 150.00 Japanese Blueberry 25-30 gal., 6' 3-1 $ 120.00 $ 300.00 $ 180.00 v Lerapetalum Standard IS gal., 5' 3-1 $ 100.00 $ 300.00 $ 200.00 Ligustrum Standard 45 gal., 8-10' 5-1 $ 300.00 $ 500.00 $ 200.00 Little Gem Magnolla 25-30 gal., 6' 3-1 $ 100.00 $ 300.00 $ .200.00 Loblolly Bay 25-30 gal., 8' 2-1 $ 90.00 $ 200.00 $ 110.00 Myrtle Oak 15 gal., 5' 2-1 $ 50.00 $ 200.00 . $ 150.00 Needle Palm 25-30 gal., 5' 4-1 $ 200.00 $ 400.00 $ 200.00 Oakleaf Holly 25-30 gal., 6' 3-1 $ 125.00 $ 300.00 $ 17$.00 Pygmy Data Palm, dbl. 30 gal., 4' 3-1 $ 125.00 . $ 300.00 $ 175.00 Pygmy Date Palm, triple . 30 gal., 4' 3-1 $ 150.00 $ 300.00 $ 15.0.00 Red Bud 25-30 gal., 6' 3-1 $ 125.00 $ 300.00 $ 175.00 Red Buckeye 15 gaL, 5' 2-1 $ 50.00 $ 200.00 $ 150.00 Robin Holly 25-30 gal., 6' 3-1 $ 125.00 $ 300.00 $ 175.00 Sago 30 gaI., 3' 3-1 $ 150.00 $ 300.00 $ 150.00 Simpson Stopper 25-30 gal., 6' 2-1 $ 90.00 $ 200.00 $ 110.00 Spartan Juniper 25-30 gal., 6' 3-1 $ 115.00 $ 300.00 . $ 185.00 Sweet/fea Olive 15 gal., 6' 2-1 $ 50.00 $ 200.00 $ 150.00 . Tabebuia 30 gaL, 6' 2-1 $ 75.00 $ 200.00 $ 125.00 Torulosa Juniper 25-30 gal., 6' 2-1 $ 90.00 $ 200.00 $ 110.00 Upright Yaupon Holly 15 gal., 6' 2-1 $ 90.00 $ 200.00 $ 110.00 Walter's Viburnum Standard 25-30 gaL, 6' 3-1 $ 100.00 $ 300.00 $ 200.00 Weeping Yaupon liolly 25-30 gal., 8' 3-1 $ 100.00 $ 300.00 $ 200.00 Windmill Palm 30 gal., 6' 3-1 $ 150.00 $ 300.00 o. $ 150.00 Yaupon Holly Standard 25-30 gal., 6' 3-1 $ 100.00 $ 300.00 $ 200.00 Yaupon Holly Multi-trunk 25-30 gal., 6' 2-1 $ 90.00 $ 200.00 $ 110.00 Footnote: J. Costs subject to change. 2. Credit ratio; for each preferred tree planted, credit may be applied toward Ihe replacement requirement (Example: For each Yaupon Holly at 25-)0 gallon, 6'tall planted, a credit of2 trees will be applied toward Ihose trees.) Page I 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 Canary Island Date Palm 65 gal., 8' 5-1 $ 250.00 $ 500.00 $ 250.00 Chinese Fan Palm 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 Date Palm, P. dactylifera 65 gal., 5' 5-1 $ 250.00 $ 500.00 $ 250.00 European Fan Palm 65 gal, 5' 5-1 $ 250.00 $ 500.00 $ 250.00 Little Gem Magnolia 65 gal., 8' 5-1 $ 250.00 $ 500.00 $ 250.00 Live Oak 65 gal., 14'x6'xr 5-1 $ 300.00 $ 500.00 $ 200.00 Red Maple .65 gal., 12'XS'x2112 4-1 $ 225.00 $ 400.00 $ 175.00 Sago 65 gal., 4' 5-1 $ 25().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 Windmill PiI1m 65 gal:, 8' 5-1 $ 300.00 $ 500.00 $ 200.00 Winged Elm 65 gal., 12'xS'x21/2 4-1 $ 225.00 $ 400.00 $ 175.00 " F:\DOCS\Clty or WInter Sprtng:o\Ordln.n~ Tree Proted.lon Appendix C.Jd Footnote: I. Costs subject to change. 2. Credit ratio; for each preferred tree planted, credit may be applied toward the replacement requirement (Example: For each Yaupan Holly at 25-30 gallon, 6' tall planted, a credit of2 trees will be applied toward those trees.) Page 2 of 2