HomeMy WebLinkAboutOrdinance 2020-03 Arbor
ORDINANCE NO. 2020-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; AMENDING CHAPTER 5 OF THE
CITY CODE REGARDING TREE PROTECTION AND
PRESERVATION; PROVIDING CONFORMING AMENDMENTS TO
OTHER PROVISIONS OF THE CITY CODE CONSISTENT WITH
CHAPTER 5; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission finds that trees benefit the City by decreasing urban noise
and air pollution, conserving energy, minimizing flooding, providing food and cover for beneficial
urban wildlife and providing value and stability to business and residential neighborhoods; and
WHEREAS, the establishment of policies, regulations and standards are necessary to ensure
that the City continues to realize the benefits provided by its urban forest as recognized as "Tree City
USA" by the Florida Department of Urban Forestry; and
WHEREAS, on June 3, 2020, the Citys Land Planning Agency considered and
recommended the amendments to the Tree Protection and Preservation Ordinance which will update
and improve said Ordinance; 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, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
as legislative findings and the intent and purpose of the City Commission of the City of Winter
Springs.
Section 2. Code Amendment. Chapter 5, Tree Protection and Preservation, of the City Code
is hereby amended to read as follows: (underlined type indicates additions to the City Code and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 5. It is intended that the text in Chapter 5 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
CHAPTER 5 TREE PROTECTION AND PRESERVATION
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Sec. 5-1. - Applicability.
This chapter shall be applicable to all land lying in the incorporated area of the City of
Winter Springs, Florida and within all zoning districts. To the extent that any provision of this
chapter conflicts with any other provision of the city code related expressly to the protection and
management of trees, the conflicting provisions of this chapter shall prevail and be given effect
over the other conflicting provision.
Sec. 5-2. - Intent and purpose.
(a) Intent and Purpose. The intent and purpose of this chapter is to establish uniform
protective and management regulations for trees and land clearing within the city in order to
maintain and protect the environment including the city forest., Trees are a valuable
community resource that serve to better control problems of flooding, promote soil
conservation, improve air and water quality, pollution and reduce noise and glare, provide
habitat for wildlife, moderate the climate, and to make the city a healthier, more attractive
and safer place in which to live. Additionally,
(b) Intent. The intent of this chapter is intended 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 desirable trees native to Central Florida and to encourage proper removal of
exotic, pest trees.
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 or engage in unpermitted land clearing as
covered by the provisions of this chapter 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 chapter may be
temporarily waived by the city commission by resolution.
Sec. 5-3. - Definitions.
As used in this chapter, the following terms shall have the meanings indicated unless the
context clearly indicates otherwise:
(a) Caliper. Measurement of tree twelve (12) inches from soil level.
City Manager. The city manager or designee.
Canopy Tree. A species of tree that naturally develops with an elevated shade crown and
which normally grows to a mature height of approximately forty (40) feet or more and/or a shade
crown of approximately 30 feet in diameter or more. Such species shall be listed on the Desirable
Species list in Appendix B or Appendix C for Approved Streetscape Canopy Tree Types for
streetscape trees along S.R. 434 and Tuskawilla Road, and include, but are not limited to, bald
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cypress, Chinese elm, Florida elm, live oak, pignut hickory, red maple, sand live oak, southern
magnolia, sweetbay, sweetgum, sycamore, water oak and winged elm.
(b) City. The City of Winter Springs, Florida.
City trees shall mean all street trees located along a public right-of-way; streetscape trees
under chapter 20, article VII of the city code; park and Cross Seminole Trail trees; and trees
required to be preserved for the public benefit by development agreement, conservation
easement or landscape easement in favor of the city and approved by the city commission.
(c) City forest. The aggregate of all city trees which are planted in public places authorized and
required to be managed by the City street trees and all park trees.
(d) Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference
to its shape.
Destroy or Destroyed. To cause, suffer, allow or permit any act that will effectively cause a
tree to die or go into a period of unnatural decline within one year from the date of the act.
Acts that may effectively destroy a tree include, but are not limited to, excessive pruning,
changing the natural grade above the root system or around the trunk, damage inflicted on
the tree permitting infection or pest infestation, application of herbicides or other chemical
agents, intentional fire damage to the tree permitting infection or pest infestation, the
infliction of a trunk wound or wounds that cumulatively are 20 percent or greater of the
circumference of the trunk, or the removal of sufficient canopy to cause the unnatural
decline of the tree.
(e) DBH. Diameter at breast height measured four and one-half (4½) feet from ground level at
the base of tree. If a tree has co-dominant stems at or below four and one-half (4½) feet from
ground level, it shall be measured as two (2) separate trees.
(f) Desirable trees. Trees that are preferred by the city and particularly adaptive to Central
Florida identified as "desirable trees" in Appendix B of this chapter, as may be amended by
the city manager or city commission.
(g) Dripline. The vertical line running through the outermost portion of the tree crown
extending to the ground.
(h) Encroachment. The protrusion into a vehicular accessway access way, pedestrian-way, or
required landscape area.
(i) Heavy machinery. Mechanical land clearing, earth-moving, or earth-working equipment
with a gross weight in excess of five thousand (5,000) pounds. For purposes of this chapter,
all machinery which utilizes steel tracks for traction shall be considered to be heavy
machinery, regardless of weight.
(j) Historic tree. A specimen 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,
ecological value (such as a tree regularly and historically used as an eagles nest) or unique
characteristics. A historic tree may also be known as an heirloom tree or heritage tree.
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(k) Land clearing (grubbing). The disturbance or removal of vegetation using backhoes,
bulldozers, root rakes, or similar mechanical means which may kill trees or damage their
roots, branches, or trunks The act of removing or destroying trees, ground cover, and other
vegetation by manual, mechanical, or chemical means. Routine lawn mowing, sod
replacement, planting of landscape material, shrub pruning, and shrub removal shall not be
considered land clearing and grubbing provided no grade change occurs. Removal of
understory by bush hog, forestry mulcher, or other means shall not be considered routine
mowing when preparing a property for construction or results in trees being removed,
destroyed or severely damaged.
(l) Person. Any individual, firm, corporation, partnership, joint venture association, principal,
trustee, municipal corporation, political subdivision, or special district, or any agent or
representative thereof.
(m) Preferred Plant/Tree. Preferred plants shall mean the plant materials listed in Appendix B:
Desirable Trees and shall be of the size specified in the column labeled "Preferred Plant
Size/Minimum Height," which may be amended from time to time by the city manager in
writing.
(n) 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.
(o) Protected area. 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.
(p) Protective barrier.
(8) feet from each other at the perimeter of the tree protection zone and which extend out of
the ground at least thirty-six (36) inches, with the top four (4) inches marked by flourescent
fluorescent orange paint or tape or such other appropriate barrier to protect protected trees
and landscape areas on a site specific basis which is authorized by development permit.
(q) 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.
(s) Silviculture. A process, following acceptable forest management principles, whereby the
crops constituting forests are tended, harvested and reproduced.
(t) Specimen tree. A canopy tree, other than an undesirable tree, a structurally unsound tree
that cannot be recovered by pruning, dead tree, or diseased tree, that has a DBH of twenty-
four (24) inches or more. Specimen trees shall not include laurel oak (Quercus laurifolia),
sand pine (Pinus clausa), cherry laurel (Prunus caroliniana) or any tree found on the Florida
Exotic Pest Plant Council's Invasive Plant Species List.
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(u) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of
roots.
(v) Structure. Anything constructed, erected or placed, the use of which requires more or less
permanent location on or in the ground or attached to something having a permanent
location on or in the ground. This definition shall not include sidewalks, walkways,
driveways or similar type improvements.
(w) Transplant. The act of relocating an existing tree upon the same lot or such other
appropriate location approved by the city.
(x) Tree. Self-supporting woody, perennial plants which have a trunk with a DBH of at least
four (4) inches and normally grow to an overall crown height of a minimum of fifteen (15)
feet. Cabbage palm greater than fifteen (15) feet tall.
(y) 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 city arborist may damage the tree
may occur. The tree protection zone shall extend from the trunk of the tree to the dripline.
This zone is calculated according to Appendix C to this chapter.
(z) 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.
(aa) Tree replacement assessment. Tree replacement assessment shall mean the total amount
of monetary compensation owed to the City of Winter Springs may be required by this
chapter for the replacement of trees cut, destroyed, or removed as a result of development or
redevelopment.
(bb) Tree replacement credit. The tree replacement credit shall be established by the city
commission and set forth in Appendix B: Desirable Trees.
(cc) Tree trunk. The main stem of a tree apart from limbs and roots.
(dd) 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.
Windowing. Removing several branches symmetrically within the area of the tree to
provide a fully framed view of the scenery that lies beyond the tree.
Sec. 5-4. - Permit required for tree removal and land clearing; separate violations; criteria;
contractor permit required.
(a) Permit required. Except as provided in Section 5-4.5 herein, No 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. If a property owner has retained a contractor to perform
the land clearing or tree removal, the contractor must have a valid City issued arbor license
required by section 5-4(e) and shall be responsible for obtaining obtain the permit required
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by this chapter prior to the land clearing or tree removal. If no permit is obtained prior to
tree removal or land clearing, the property owner and the contractor (if retained) shall have
violated this section. 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.
(b) Trees that can be removed by permit. Criteria. Upon receipt of a completed application
and verification on-site by the city arborist, a permit may be issued for tree removal if it is
first determined by the city arborist that under any one of the following limited conditions
exists to lawfully justify the tree removal:
(1) Trees located on building and construction sites or projects as shown on city approved
plans, provided said trees are replaced elsewhere on the property in accordance with
section 5-9 of this chapter, except that city trees as defined in section 5-3 and historic
and specimen trees under section 5-8 shall be preserved to the extent required by this
chapter.
(2) Trees with a trunk(s) located within ten (10) feet of a structure and that pose a clear
hazard or that have caused significant damage to said structure as determined by the city
arborist.
(3) Trees severely diseased, severely injured or dead.
(4) Trees that interfere with the construction or repair of public infrastructure and
facilities including utilities.
(5) Undesirable trees, per Appendix A.
(6) Trees required to be removed by the city or other governmental agency to facilitate
necessary public utilities and infrastructure or remove visibility obstructions to vehicle
drivers within a intersection visibility triangle and which are located within a public
road, drainage rights-of-way, or permanent utilities and drainage easements.
(7) Trees that pose a serious threat to persons or property have been approved by the city
arborist and which shall be replaced elsewhere on the property.
(8) Trees that prohibit or have the effect of prohibiting the installation or operation of a
solar collector, clothesline, or other energy device based on a renewable resource.
(9) 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.
(10) One tree located on an existing single-family home lot within a 10-year period
pursuant to section 5-9(e).
(11) Trees that unreasonably interfere with a property owners established riparian or
littoral rights or substantially interfere with and obstruct a substantial portion of a
property owners visibility to a natural water body such as a lake, but only to the extent
such right or visibility cannot be secured by tree trimming, pruning or windowing.
(c) Review guidance standards. To help guide the city in making decisions under this chapter,
including identifying which trees listed under section 5-4(b) may be removed, the city shall
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consider that the spirit and intent of this chapter is to mitigate against the removal of trees
and weigh the following nonexclusive list of factors to the extent relevant and necessary:
When making a determination on whether a tree meets one of the conditions set forth in
section 5-4(b) and therefore, whether to approve or deny an application under this chapter,
the city shall apply one (1) or more of the following standards of review deemed relevant:
(1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian
or vehicular traffic or threaten to cause disruption to public services or a significant
obstacle to accessing and utilizing public easements and rights-of-way.
(2) Necessity to remove trees which pose a clear and obvious safety hazard to buildings
and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in
pavement, sidewalks, and non-occupied structures that are typically caused by settling
and small roots shall not be considered a safety hazard.
(3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other
injury or trees with severe structural defects that pose a clear and obvious safety hazard
to people, buildings or other improvements on lot or parcel of land.
(4) Necessity to remove trees which prohibit or have the effect of prohibiting the
installation or operation of a solar collector, clothesline, or other energy device based on
a renewable resource. The applicant shall submit operating instructions or other
manufacturer guidance setting forth the amount of sunlight exposure required for proper
operation of the energy device or other such evidence of the necessity to remove trees.
(5) 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.
(6) Any proposed landscaping including plans whereby the applicant has planted or will
plant trees to replace those that are proposed to be cleared.
(7) Topography of the land and the effect of tree removal on erosion, soil retention and
the diversion or increased flow of surface water.
(8) Good forestry practices, such as the number of healthy trees that a given parcel of land
will reasonably support and the proven techniques that sustain healthy trees.
(9) After first exploring whether reasonable alternative design plans are feasible, N
necessity to remove trees in order to construct, approved and permitted improvements
to allow economic enjoyment of the property, including:
a. Need for access circulation around the proposed structure which are necessary to
allow workers to safely utilize for construction equipment (maximum of ten (10)
feet).
b. Need for providing ingress and egress access to the construction site for use by
construction equipment and short term storage of construction equipment and
supplies. This ingress and egress should coincide with the ingress and egress
approved by the final development permit. access to the building site for
construction equipment.
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c. Essential grade changes that otherwise cannot be designed around to avoid tree
removal.
d. Need for locating street or road rights-of-way, utilities, drainage ways, as well as
the need to provide reasonable use and property access.
e. Need to gain reasonable vehicle or utility access when no other reasonable
alternative exists.
(10) The extent of any damage or demonstrated hardship which would result to the
applicant from a denial of the requested permit.
(11) The species and size of the trees proposed for removal.
(12) The following factors shall also be considered:
a. Trees forming the current canopy.
b. Preservation of the next generation of trees.
(13) Necessity to protect active nests of migratory birds, bird species listed as species of
special concern, rate, threatened, or endangered by the Florida Fish and Wildlife
Commission, or which a known breading area for a colony of birds.
(14) Whenever necessity is a relevant factor in support of removing a tree, the following
factors shall also be considered:
a. The number of trees being preserved on the subject property.
b. The extent that the proposed removal causes the least amount of damage to existing
trees.
c. The extent that the proposed removal results in the maximum amount of mitigation or
replacement trees for each tree removed.
(15) This chapter shall be interpreted so as not to cause a taking or an inordinate burden
on a landowner in accordance with law.
The factors listed in this subsection (c) are for guidance purposes only, and do not constitute an
independent basis for the granting of a tree removal or land clearing permit.
(d) Silviculture exemption. All trees planted specifically for silvicultural purposes shall be
exempt from the provisions of this chapter provided the property owner can provide
documentation to the city evidencing that:
(1) The property is registered as a silvicultural site with the division of forestry; and
(2) Trees of typical harvestable size and type exist on the property which are capable of
being harvested for income and that the property owner has, or intends to, generate
income from the harvested trees.
(e) Contractor City issued license required; contractor obtaining permits. Any person or
entity engaged in the business of tree removal or pruning shall be licensed by the city on an
annual basis. Licenses may be obtained from the city by completing an application prepared
by the city and paying the required license fee. The license application shall contain at a
minimum the name, address, and telephone number of the contractor and a copy of the
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contractor's local business tax receipt, state license if required and proof of liability and
workers' compensation insurance. As a condition of obtaining a license under this
subsection, any previously unpaid penalties imposed by the City under section 5-18 shall be
paid in full. It shall be unlawful for any person or entity to engage in the business of tree
removal or pruning within the City of Winter Springs without a license required under this
subsection. It shall also be unlawful for any such person or entity to fail to obtain a permit
on behalf of a property owner pursuant to section 5-4(a) of this chapter.
Sec. 5-4.5 Exemption for tree removal activities authorized and preempted by state or
federal law.
Land clearing and tree removal activities authorized and preempted by state or federal law
shall be exempt from Section 5-4, Permit Required. Land clearing and tree removal
activities authorized and preempted by state or federal law include, but are not limited to:
(a) removal of trees on residential property which pose danger to persons or property in
accordance with Section 163.045, Florida Statutes, for which no replacement trees will be
required. Property owners removing trees pursuant to Section 163.045, Florida Statutes,
shall obtain documentation from an arborist certified by the International Society of
Arboriculture or a Florida licensed landscape architect prior to removal of the tree, which
demonstrates that the tree is a danger to persons or property and which conforms to industry
standards applicable to certified arborists and licensed landscaped architects. For purposes
esidential shall be defined as property with a fully constructed
single-family home or duplex used for residential purposes, except as provided in this
section. The term residential propction does not include
multi-family property; common areas owned by a homeowners or condominium association;
vacant land zoned or designated residential or mixed use (e.g., mixed use, town center, and
GID) cial zoning map or future land use map; public rights-of-way; or land
subject to particular landscaping, tree planting or preservation requirements pursuant to an
executed development agreement, landscape easement granted to the City, or conservation
easement.
(b) a right and responsibility granted to an electric utility to clear vegetation away from
power lines in order to ensure the safe transmission of electricity to customers, as provided
by Florida Statutes and Electric Tariff Rules including the preemption under Section
163.3209, Florida Statutes.
Sec. 5-5. - City arbor division.
(a) Establishment of office. There is hereby created within the department of community
development, the arbor division. The community development director shall head this office
and tThe city manager shall appoint one (1) or more employees of the department to act in
the capacity of arborist for the city.
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(b) Scope of authority. The city arborist 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. Notwithstanding, the city arborist shall have
absolutely no authority to vary any plans, permits, or agreements approved by the city
commission.
(c) Responsibilities. The role of the city arborist shall include, but not necessarily be limited
to:
(1) Receiving and processing applications for tree removal, land clearing and other
permits under this chapter.
(2) Inspection of all property subject to an application.
(3) Confirming all information provided by the applicant is correct and accurate.
(4) To approve or deny all permit applications required by this chapter unless otherwise
expressly stated under this chapter.
(5) To issue cease and desist work orders upon persons in violations of this chapter for a
maximum of two working days. Upon review of the violation by the city manager, the
city manager may extend the cease and desist work order until the violation is brought
into compliance and all resulting fines incurred as a result of the violation have been
paid. The city manager's decision may be appealed to the city commission pursuant to
section 5-16(b) of this chapter.
(6) To bring violators of this chapter before the code enforcement board or special
magistrate.
(7) To issue code enforcement citations for any violation of this chapter.
(8) To augment the city's forest by the planting or approval of planting of additional trees
on public property.
(9) To keep a permanent record of all historic or specimen trees designated by the city
commission.
(10) To educate the public regarding this chapter and the importance of maintaining a city
forest.
(11) Provide professional guidance to the city manager regarding the maintenance of city
trees under section 5-11, and Tto handle other related job duties assigned by the city
manager.
(12) To serve as a member of the staff development review committee.
(13) To educate city personnel responsible for tree removal, planting, pruning and
landscape maintenance.
(14) To assist in implementing, and issue permits in furtherance of, any development
agreement, plan, or permit approved by the city commission relating to landscaping and
trees.
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(15) To provide professional guidance to the city manager and city commission regarding
their respective decision making under this chapter including, but not limited to, historic
and specimen trees under section 5-8 of this chapter.
Sec. 5-6. - Permit application.
(a) 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 arborist. The applicant shall be required
to pay a fee as may be established by resolution of the city commission, except that no fee
shall be required for the removal of trees that (i) are dead, diseased, or suffer from severe
structural defects, (ii) pose a clear and obvious safety hazard to structures and people, (iii)
are removed for a public project sponsored and paid for by the city, or (iv) any tree found on
the Florida Exotic Pest Plant Council's Invasive Plant Species List. If the applicant is not the
property owner, then the applicant shall attach the written permission of the property owner
to the application. All completed applications shall be returned to the arborist, along with the
following:
(1) A tree inventory, for the tree(s) to be removed or the portion of the site to be
developed, consisting of a scaled drawing of a scale of one (1) inch equals fifty (50) feet
or less for undeveloped land or for developed single family residential land, a sketch
approximately one (1) inch equals fifty (50) feet or less indicating:
a. Property boundaries.
b. The location of all individual trees including the tree's common or scientific name,
and DBH of trees.
c. An indication of all trees proposed for removal.
d. 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.
e. Within the secondary tree protection zone, a plan shall designate the trees to be
retained, and those proposed to be removed.
f. The location of existing and proposed improvements, if any, including proposed
additions to existing buildings, existing and proposed buildings, structures,
impervious surfaces (e.g. pool decks, drives, parking areas), stormwater retention
areas, utilities, and other such improvements.
g. A replacement plan indicating the means of compensating for the tree(s) to be
removed including the species and size of any replacement tree(s).
h. Location of trees preserved for replacement credit.
i. If grade changes are proposed on the site, a grading plan drawn to scale shall be
provided. In addition, a written statement shall be provided by a landscape architect
or other competent professional indicating the probability of whether the grade
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change will result in the death of tree(s) intended to be preserved. Said statement
shall immediately be brought to the attention of the city arborist at the time the
application is filed and prominently attached to the front of the application.
j. A protection plan describing how preserved tree(s) shall be preserved on the site
and adjacent properties during construction, tree removal, and grading. If
encroachments into a specimen tree, historic tree, or city tree required to be
preserved, a plan, prepared by an ISA certified arborist, must be submitted with the
permit application specifying the methods to be utilized to protect and preserve the
tree(s). This plan must address protection of the root system, crown, and stems of
the trees, a means of supplying water and essential elements to the root system, and
the proposed location of the tree protection barriers.
k. An aerial photograph showing the boundaries of the subject property and adjacent
properties.
(2) Valid reasons for the removal of trees.
(3) The appropriate permit fees.
(4) A copy of any recorded development agreement, conservation easement or city
landscape easement recorded against the subject property.
(b) 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:
(1) 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
so that due consideration may be given to protection of trees during the subdivision
design process. Each application for a tree removal permit shall be subject to review
under the staff development review committee process.
(2) Any commercial, industrial, multi-family, mixed use or other use requiring final
engineering and site plan approval under the city land development 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. Each application for a tree removal permit shall be
subject to review under the staff development review committee process.
(3) 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.
(c) Exempting portion of the tree survey. Upon request, the city arborist may permit an
applicant to omit certain portions of the tree inventory required by section 5-6(a)(1) where
compliance with the requirements set forth herein would be unnecessarily burdensome and
the exempted portions are not needed for the city to evaluate the application such as in
applications unrelated to the new development of buildings, structures or infrastructure on
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the subject land, limited only to the removal of one or more isolated and specific trees on
already developed land and have no impact on protected city trees.
(d) Permit fee. A nonreturnable permit fee to be established 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 subject to the application.
(e) Posting of permit. The permit must be posted upon the property and visible from the street
to be valid.
(f) City commission approved plans, permits, and agreements. All permits issued by the city
arborist under this chapter shall be required to be consistent, and not in conflict, with any
plans, permits, or development agreements approved by the city commission. All permits or
portions thereof issued by the city arborist in conflict with any approval of the city
commission shall be deemed null and void and the approval of the city commission shall
remain in full force and effect.
Sec. 5-7. - Tree pruning standards.
(a) Standards adopted. Trees intended for shade purposes shall be allowed to reach mature
canopy spread and shall be pruned in accordance with the ANSI A 300 Part I Pruning
standard and ANSI Z133.1 safety standard. Pruning should be performed with defined
pruning objectives and according to a specific pruning plan to accomplish the objective
including the minimum and/or maximum branch size to be removed.
(b) Unlawful pruning. The pruning techniques described in section 5-10(i) of this chapter shall
be deemed unlawful.
Sec. 5-8. - Specimen or historic trees.
(a) 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 after a recommendation of the city's arborist, and the city
arborist shall keep a permanent record of all trees so designated by the city commission.
Specimen trees are all canopy trees (other than trees that are structurally defective or
unsound that cannot be recovered by pruning, "undesirable trees" identified in Appendix A,
dead trees or diseased trees) which have a DBH of twenty-four (24) inches or more.
Designation as an historic tree may occur in any one of the following ways:
(1) An applicant property owner 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 property owner shall submit an expert evaluation by a landscape architect,
horticulturalist, city forester, or other horticultural expert as part of the application.
(2) A property owner may request such designation at any time. To do so, the property
owner shall submit an expert written evaluation by a landscape architect,
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horticulturalist, city arborist or other horticultural expert, or alternatively, request that
the city arborist conduct an expert evaluation at no cost to the property owner.
(3) The city's arborist may recommend such designation at any time including 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.
(4) The City Commission may designate, at its sole discretion, a city tree, as defined in
section 5-3, a historic tree sua sponte, or upon request of a Winter Springs resident,
business owner or civic group.
(45) Historic tree designations shall be subject to approval by resolution of the city
commission and the city commission may grant double tree replacement credits, upon
granting an historic tree designation.
(b) Removal. Notwithstanding any other provision of this chapter, specimen or historic trees
(hereinafter under this subsection specimen tree) shall not be removed except for
extraordinary circumstances and hardships and only by final permit approved by the city
manager city commission pursuant to section 5-6(b) after consideration of a written
recommendation by the city arborist and department director and only after the applicant has
provided such documentation, as may be required by the city, demonstrating that the
applicant has engaged in good faith in the following sequence of actions, in the order shown
below, to attempt to preserve, modify, and relocate the specimen tree:
(1) Preserve the existing specimen tree on site. The applicant shall make reasonable efforts
to design proposed or existing improvements, including but not limited to the structure,
driveway and utilities to accommodate the natural growth of the tree. The applicant shall be
required to submit multiple alternate development plans, demonstrating that reasonable
efforts to preserve the specimen tree have been made, prior to removal of the specimen tree
being approved. The design may include and justify the consideration of any necessary
variances or waivers under chapter 20 of the city code. The city may require root barriers as
a mitigation measure to address future potential root damage concerns.
(2) Modify the existing specimen tree. The applicant shall make reasonable efforts to design
proposed or existing improvements, including but not limited to, the structure, driveway,
and utilities, to accommodate the existing specimen tree with modifications by root pruning
or tree pruning that would not cause significant harm to the tree, as determined by an
arborist certified by the International Society of Arboriculture, and preserve its well-being as
determined under this chapter. The applicant shall be required to submit an opinion of a
certified arborist and/or multiple alternate development plans, demonstrating that reasonable
efforts to modify the specimen tree have been made, prior to removal of the specimen tree
being approved. The design may include and justify the consideration of any necessary
variances or waivers under chapter 20 of the city code. The city may require root barriers as
a mitigation measure to address future potential root damage concerns.
(3) Relocate the existing specimen tree on-site. The applicant shall submit documentation
from an arborist certified by the International Society of Arboriculture, which conforms to
industry standards and which includes an opinion regarding whether the specimen tree may
be relocated on-site to a location that can accommodate the natural growth of the tree
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without significant harm to the tree. The relocation may include and justify the consideration
of any necessary variances or waivers under chapter 20 of the city code. The city may
require root barriers as a mitigation measure to address future potential root damage
concerns.
(4) Alternative Design and Removal. Before removal of the specimen tree may be approved,
the applicant shall provide documentation that actions (1)(2) and (3) have been reasonably
explored and are not feasible to preserve, modify, or relocate the existing specimen tree(s).
Feasibility shall be determined by the city commission after evaluating the prepared
alternate development plans and opinion of the certified arborist that the specimen tree(s)
cannot reasonably be preserved, modified, or relocated. The alternative development plans
shall depict site constraints and design limitations due to the specimen tree(s). The alternate
development plans shall also depict possible adjustments of building orientations and other
proposed improvements; requests for variances and waivers to accommodate the specimen
tree(s); reduction of developable area; and such other design alternatives for the site. The
applicant bears the burden of proving it has exhausted feasible development plans to
preserve existing specimen tree(s) in order to justify the removal of any existing specimen
tree.
(5) Extraordinary Circumstances and Hardships. The applicant bears the burden of
demonstrating that an extraordinary circumstance and hardship exists to justify the removal
of a specimen tree is necessary and can not be preserved in its current location pursuant to
the sequence of actions set forth in this subsection (b) and by utilizing the tree removal
conditions set forth in section 5-4(b) of this chapter.
(6) Waiver or Variance Permit Fees. City permit fees related to any waiver or variance
application(s) submitted by an applicant under chapter 20 of the City Code, which are
required to preserve the specimen tree(s) under this section, shall be waived by the City.
(7) Tree Replacement Requirements. Notwithstanding any other provision of this chapter,
for each specimen tree permitted to be removed under this section, replacement of the lost
tree canopy resulting from the removal of a specimen tree is imperative. The city may
require up to twice the amount of canopy replacement trees or tree bank contribution
required for replacement of each DBH protected tree in the category of 16 inches up to 24
inches. Location of the replacement trees shall be on-site and determined by the applicant. If
the replacement trees cannot be accommodated on-site because of insufficient planting area
as determined by the city arborist, then the applicant shall be required by the city to either
plant the replacement trees off-site at a location determined by the city or provide the
replacement trees to the city so the city can plant the replacement trees off-site, or, as an
alternative, shall provide the tree bank contribution to compensate for those replacement
trees that cannot be accommodated on-site.
(8) Appeal of City manager Decisions. Final permit decisions made by the city manager are
subject to appeal to the city commission pursuant to subsection 5-16(b) of this chapter.
(c) Historic tree incentives. Property owners shall receive the following incentives if their
property contains one or more designated historic tree(s):
(1) Each historic tree will be placed on the citys register of historic trees which will
contain any historical information about the tree, property owner(s) and its designation. A
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legal instrument will be prepared by the city attorney to be executed by the city and property
owner and recorded against the land on which the tree is located for purposes of denoting
the historic tree designation and protections afforded hereunder and to provide the city
ingress and egress to conduct the inspections authorized by this section. Further, the
property owner will be provided a small weather resistant ground emblem denoting the
historic designation.
(2) With permission of the property owner, the city arborist will conduct a periodic
inspection approximately every two (2) years of each historic tree in order to evaluate the
health and well-being of each historic tree. Such inspection will be at no cost to the property
owner.
(3) To the extent that a permit is required under this chapter to trim or maintain a historic
tree, the fee shall be waived.
(4) Upon request of and with the permission of the property owner, the city arborist will
conduct an inspection of the historic tree after a storm or other catastrophic event in which a
historic tree has suffered significant damage.
Sec. 5-9. - Tree replacement guidelines.
(a) Tree replacement. All trees that are removed or destroyed and subject to replacement by
this chapter shall be replaced by a species of tree cited in Appendix B, desirable trees
Desirable Trees, or cited in Appendix C for Approved Streetscape Canopy Tree Types for
streetscape trees along S.R. 434 and Tuskawilla Road, or such other trees properly approved
by the city arborist provided the replacement satisfies the minimum guidelines set forth in
this chapter including, but not limited, size, not an invasive species, and Florida Grades and
Standard One (1) or better plant. Replacement shall occur prior to the issuance of a
certificate of occupancy (if approval is pending) or within sixty (60) days of removal or
destruction, whichever date is earlier, unless a greater replacement period is provided for
good cause by permit.
(b) Criteria for replacement trees is as follows:
(1) Characteristics of replacement trees. Canopy trees are preferred replacement trees
under this chapter. The replacement tree(s) shall have the maximum amount of potential
shade canopy feasible and sustainable on the site as required by the city, but no less
than at least equal shade canopy potential, screening properties, and/or other
characteristics comparable to that of the tree(s) requested to be removed.
(2) Size of replacement trees. Replacement tree(s) are to be made according to the tree
replacement standards set forth in Table 1 \[at the end of this section\]; or (2) otherwise
agreed upon by the city commission and applicant.
(3) Tree species. Relocated or replacement trees shall include only species and sizes
defined as desirable trees (Appendix B) under this chapter.
(4) Transplanting and maintenance requirements. All trees transplanted pursuant to this
chapter 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
jurisdiction for one (1) year to ensure compliance with this chapter.
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(5) Waivers of replacement tree(s) specifications.
a. General waivers. 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 this chapter 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 city trees on public
lands. The contribution to the tree bank may be waived by the city commission for
individual homeowners, on a case-by-case basis, if the homeowner can demonstrate
that the payment of the fee will cause the homeowner an undue economic hardship.
Substitute tree(s) allowed under this waiver provision must have the approval of the
city commission. The amount to be paid into the tree bank shall be set forth in
Table 1 and should be based upon wholesale market value of the trees being
replaced, plus installation and maintenance costs to establish the tree.
b. Renewable resource waivers. The tree replacement and tree bank requirements of
this section shall not apply if a permit based on sections 5-4(b)(8) and 5-4(c)(4) is
issued. If the permittee does not maintain and operate the permitted energy device
for at least three (3) years, the permittee must replace the removed trees or pay a
tree replacement fee to the city's tree bank as required by this section.
(6) Replacement guidelines. The following tree replacement guidelines shall apply:
a. All plant material specified shall be Florida Grades and Standard One (1) or better.
b. For each tree located within a public conservation area (excluding jurisdictional
wetlands determined by the St. John's River Water Management District or the U.S.
Army Corp of Engineers, or as depicted on Map V-3: Existing Wetlands in the City
of Winter Springs Comprehensive Plan) dedicated to the city as part of a
development project, three (3) replacement tree credits may 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 (1) acre with widths not less than one hundred twenty-five
(125) feet, unless otherwise approved by the city commission. In addition, trees
approved by the city arborist to reforest such conservation 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.
d. Tree replacement credit above the 1:1 standard replacement requirement shall be
allowed for the installation of preferred canopy trees and plants that are specifically
listed in accordance with the provisions set forth in Appendix B: Desirable Trees
and Appendix C: Approved Streetscape Canopy Tree Types for streetscape trees
along S.R. 434 and Tuskawilla Road, provided the desirable tree is listed with an
additional replacement credit score of above 1:1.
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e. In addition, for new development projects, tree replacement credit shall be allowed
for the preservation of existing Desirable Trees on the development site, excluding
wetland areas and existing conservation areas, as follows:
DBH of Preserved
Reduction in Replacement Trees
Tree
1 credit
2 credits
3 credits
4 credits
0 credits, unless otherwise agreed by the city for extraordinary efforts and
Specimen and
commitments made to preserve a specimen or historic tree up to a maximum
Historic Trees
of 5 credits per tree
ef. Trees planted under a powerline power line shall not exceed a mature height of
twenty-five (25) feet unless otherwise prohibited by the electric utility or law.
fg. Diversity of species shall be required for replacement trees and not more than
twenty (20) percent of the replacement trees shall be of a single species unless an
alternative landscape plan is approved by the city commission.
gh. All landscape plans shall be prepared by a landscape architect licensed by the
State of Florida, unless the city determines the proposed landscaping or tree
removal has a deminimus de minimis impact on the property.
(c) Replacement cost. The property owner shall be responsible for the cost of replacing the
trees removed from their property.
(d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing
within the city shall be protected by the control and elimination of invasive, nonnative
species. To that end, the following guidelines shall apply:
(1) Planting of trees and shrubs listed in Appendix A, Undesirable Trees, is prohibited.
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(2) Removal of trees and shrubs listed on Appendix A, Undesirable Trees, from
commercial, office, industrial, or multifamily sites (excluding jurisdictional wetlands)
shall be completed, whenever practicable, as a requirement for approval of any
development permit issued by the city or the issuance of a certificate of occupancy if
applicable.
(3) Control and elimination procedures shall in no way promote the proliferation of the
species through the dispersal of seed or other vegetatively reproducing parts.
(4) Control and elimination procedures shall in no way harm or cause the decline of
preserved or planted trees and landscaping.
(e) Limited exception for existing single-family lots. Notwithstanding any other tree
replacement standard set forth in this section, a tree removal permit for a single tree shall be
granted, as a matter of right without replacements required, for each existing single family
home lot, provided the city arborist determines that:
(1) The tree is not a specimen or historic tree;
(2) The tree canopy covering the pervious portion of the lot after removal of the tree will
be greater than fifty (50) percent; and
(3) A permit under this subsection (e) had not been granted during the preceding ten-year
period.
TABLE 1. TREE REPLACEMENT STANDARDS
Number of
Number of
Replacement
DBH of Replacement Preferred Contribition
Small Trees or
Protected Canopy Trees Desirable Contribution to
Palms Required
Tree Required for Each Plant Tree Bank*
for Each Tree
Tree Removed
Removed
Preferred
not Desirable $150.00
1 or 1 or or
including Plant(s) 300.00
w/Credits
Preferred
not Desirable $300.00
2 or 2 or or
including Plant(s) 600.00
w/Credits
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Preferred
but not Desirable $450.00
3 Not allowed or or
including Plant(s) 900.00
w/Credits
Preferred
but not Desirable $600.00
4 Not allowed or or
including Plant(s) 1,200.00
w/Credits
To Be
To Be Preserved To Be Preserved Preserved To Be Preserved
< >
See Section 5-8 Not allowed See Section See Section 5-8
5-8
*These amounts may be adjusted biannually to compensate for increases to costs of plants as
well as to costs of installation and establishment.
Sec. 5-10. - Prohibitions.
(a) Placement of materials, machinery, or temporary soil deposits. It shall be unlawful to
place material, machinery, or temporary soil deposits within the tree protection zone, as
calculated according to Appendix C: Calculating 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 arborist,
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.
(b) 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.
(c) 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.
(d) Structure and pavement location. It shall be unlawful to place any structure or impervious
paving within eight-foot radius of any tree trunk or stem having a DBH of four (4) inches or
more at caliper.
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(e) City trees. It shall be unlawful to trim, prune, or remove any city 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.
(f) Attachment. It shall be unlawful to attach anything to a tree or stem, including nails or
spikes, having a DBH of four (4) inches or more, other than protective wires, braces or other
similar noninjurious materials.
(g) Cut and fill guidelines. It shall be unlawful to remove or add any material or ground within
the tree protection zone unless otherwise permitted by the arborist.
(h) 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.
(i) Girdling, Shearing, hat racking, topping or poodle trimming of trees (lollipop), lions-
tailing, pollarding of Trees. Trees intended for shade purposes shall be allowed to reach
their mature canopy spread. It shall be unlawful to engage in excessive pruning techniques
on trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be
allowed with a permit by demonstrating necessity or without a permit in times of emergency
only. The following are deemed unlawful excessive pruning techniques which are prohibited
on shade trees:
(1) Lions tailing: The improper practice of removing most secondary and tertiary
branches from the interior portion of the canopy leaving most live foliage at the edge of
the canopy.
(2) Topping, hatracking, stag heading, de-horning, lopping, and rounding over: the
improper practice of reducing tree size by making heading cuts through a stem more
than two (2) years old; a pruning practice that destroys tree architecture and serves to
initiate discoloration and perhaps decay in the cut stem.
(3) Pollarding: The pruning technique that removes sprouts back to the same location
annually or biannually maintaining a tree to a specific height.
(4) Shearing: A pruning technique which is typically accomplished with cuts made
through wood less than a year old at the sides of the canopy to create uniform dense
canopies.
(5) Poodle trimming: Combines shearing and removing lower limbs to create tree forms
that look like a "lollipop."
(j) Construction near adjacent property. Walls, structures, and pavement shall not be
constructed in any way which will result in damage to roots within the tree protection zones
of trees located on adjacent properties.
(k) Destruction. It shall be unlawful to destroy a tree unless authorized under this chapter.
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Sec. 5-11. Reserved City trees; Care and maintenance.
(a) The city manager in consultation with the citys arborist is responsible for the care,
maintenance and protection of city trees. The city manager will make reports and requests for
funds for the maintenance and protection of city trees to the city commission as necessary to
comply with the spirit and intent of this chapter.
(b) Property owners must submit a complete permit application to the city arborist to request
written permission by the city manager or city commission to remove, alter or trim any city tree.
Any approved removal, alteration or trimming will be determined at the citys sole discretion,
and if the requested activity is permitted by the city, it must be performed by a contractor
licensed under this chapter. Property owners failing to obtain the permission required hereunder
for removing, altering or trimming city trees shall be deemed a violation of this chapter under
Section 5-10(e). In addition, property owner may also be liable to the city for any city tree
removed or damaged in violation of any applicable terms and conditions set forth in any
easement or development agreement.
Sec. 5-12. - Permit contents; expiration; removal after expiration of permit.
(a) 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.
(b) Permit expiration. Any permit issued under this chapter shall automatically expire six (6)
months after issuance, except for permits issued in conjunction with a building permit which
shall automatically expire six (6) months after issuance or at such time the building permit
expires, whichever is later. (g) Time limitation and Expiration. Permits issued under this
chapter shall expire and become null and void if work authorized by such permit is not
commenced within 180 days from the date of the permit, or if work is commenced and
suspended or abandoned at any time for a period of 180 days. However, if the permit is
issued in conjunction with and in furtherance of a development permit approved by the city
commission or building permit issued by the building official, the permit will expire at such
time the development permit or building permit expires.
(c) 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 display. The permit shall be located and maintained upon the site at all time until
final inspection or until issuance of a certificate of occupancy if applicable. For new
developments, the permit shall be attached to the "posting board" with other permits. For
existing developments and existing single-family residences, the permit shall be displayed
so as to be easily visible from the street.
Sec. 5-13. - Minimum tree requirement.
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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:
(a) Any new single-family or duplex dwelling unit on a lot of less than six thousand
(6,000) square feet or greater: not fewer than two (2) trees.
(b) Any new single-family or duplex dwelling unit on a lot equal to six thousand (6,000)
square feet: not fewer than two (2) trees plus one (1) additional tree for each four
thousand( 4,000) square feet over six thousand (6,000) square feet.
(c) Any commercial, industrial, multi-family or other structure requiring site plan
approval under the city land development regulations: no fewer than six (6) trees or four
(4) trees per acre, whichever is greater.
Sec. 5-14. - Tree protection during development and construction; periodic inspection.
(a) Restrictions during construction. It shall be unlawful for any person, during the
construction of any structures or other improvements, to place solvents, petroleum products,
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 Forestry, Department of Agriculture and Consumer Services
Publication, Tree Protection Manual for Buildings and Developers.
(b) Burden of tree protection on property owner. It shall be the responsibility of a property
owner and their agents 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 accordance with a remedial action approved under section 5-17 of this
chapter.
(c) Protective barriers and signage required. Protective barriers shall be installed prior to
construction (as determined using Appendix C: Calculating Tree Protection Zone) around
every tree or group of trees to be preserved. Waterproof, rigid "Protection Zone Area" signs,
as shown on Appendix D: Tree Protection Area Signage and not smaller than two (2) feet by
three (3) feet shall be posted at 100-foot increments along the protective barriers. Should a
private party fail to install the required tree protection barrier, the city reserves the right to
install the required tree protection barrier and charge the private party conducting the work
for the city's materials and labor associated with the installing of the barricade. A sample
tree protection barricade is set out below.
(d) Site inspections. The city arborist may conduct periodic inspections of the site. It is the
responsibility of the property owner and their agents to ensure that all provisions of this
chapter are met.
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(e) Adjacent properties. The property owner and their agents shall ensure that the tree
protection zones of trees located on adjacent properties are protected as required by this
chapter for trees located on the site being developed.
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 under this chapter. Trees or plants planted in the city's rights-
of-way are subject to removal or trimming by the city at any time.
Sec. 5-16. - Waivers; incentive program and appeals.
(a) Waivers. The city commission may grant a waiver to provisions of this chapter where the
applicant demonstrates that the literal interpretation of the chapter 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 chapter. The preservation of any approved tree over four
(4) inches in DBH may be considered as the basis for the granting 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.
(b) Appeals. Any person adversely affected by an Appeals of an administrative interpretation
of this chapter by the city arborist may first appeal that interpretation be made to the city
manager by filing a written notice of appeal of said interpretation within ten (10) calendar
days of said interpretation. Only the property owner where the interpretation is specifically
applicable or affected contractor may file such an appeal. The city manager shall decide said
appeal within five (5) business days. Any such property owner or contractor person
adversely affected by an administrative decision of the city manager under this chapter may
appeal that interpretation to the city commission by filing a written notice of appeal of said
interpretation within thirty (30) calendar days of said interpretation. Failure to file an appeal
within the time periods required by this subsection shall result in the administrative
interpretation to be declared final and shall be deemed a waiver of the person's right to
further appellate review and proceedings. 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. Except for the mandatory time periods required for the notice of
appeal, the time periods required for a decision may be extended by mutual agreement
between the city and the property owner person filing the notice of appeal. Notwithstanding
the aforesaid, the city manager and city commission may review any decision regarding
trees and land clearing on public property or city trees sua sponte, and such decisions are not
a quasi-judicial decision and not appealable. The city retains sovereign immunity in all
decisions related to trees and land clearing on public property and as otherwise provided by
law.
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(c) Incentive program. The city commission reserves the right to offer and approve incentives
for purposes of protecting and preserving mature trees and planting enhanced landscaping.
Such incentives shall have a public benefit and may include, but are not limited to, varying
provisions of the city's land development regulations (e.g. reduced parking; modified
setbacks) and providing credits to city development fees. Any incentives granted under this
subsection shall be consistent with the comprehensive plan and shall be by development
agreement or other formal approval.
Sec. 5-17. - Remedial action.
(a) Violations require remedial action. 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 arborist or the city commission if the violation is inconsistent with
plans, permits, or agreements approved by the city commission. The restoration plan may
require mitigation of any other damage to the property, as well as tree replacements.
(b) Tree replacement remediation requirements. Each tree destroyed or receiving major
damage during construction must be replaced by either a comparable size and desirable type
of tree as listed within Appendix B or providing a contribution to the tree bank equal to four
(4) times the contribution listed on Table 1. Tree Replacement Standards \[following section
5-9\] or planting four (4) preferred desirable trees or plants listed within Appendix B before
issuance of a certificate of occupancy or certificate of completion.
(c) 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, unless a greater time period is required by development agreement.
Such guarantee shall include maintaining regular and appropriate irrigation or water source
such as watering bags necessary to adequately sustain the well-being and survival of the
replacement trees. If the replacement tree dies, the tree shall be replaced in accordance with
this section.
Sec. 5-18. - Enforcement; penalties.
(a) Enforcement. The city may enforce the provisions of this chapter by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the city's code
enforcement board or special magistrate, and seeking injunctive and equitable relief. For
purposes of determining the penalties provided under this chapter, the removal or death of a
tree in violation of this chapter shall be deemed irreparable or irreversible.
(b) Penalties. In addition to all other remedies set forth in this chapter or any applicable
agreement between the city and a property owner, one or more of the following civil fines
shall apply to violations of this chapter:
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(1) Failure to obtain a permit under section 5-4(a): Fine of two hundred fifty dollars
($250.00) per tree or five hundred dollars ($500.00) per specimen or historic tree
removed, or five hundred dollars ($500.00) per quarter acre of land cleared, whichever
is greater, not to exceed five thousand dollars ($5,000.00). The fine under this
subsection is in addition to the fine provided in subsection (2) or (3) for removal of tree
without a permit.
(2) Removal of a tree without a permit: Fine of fifty dollars ($50.00) per caliper inch, not
to exceed five thousand dollars ($5,000.00) per tree.
(3) Removal of a specimen or historic tree without a permit: Fine of one hundred dollars
($100.00) per caliper inch, not to exceed five thousand dollars ($5,000.00) per tree.
(4) Failure to abide by a cease and desist order issued under this Chapter: Fine of five
hundred dollars ($500.00) per day.
(5) Failure to obtain a contractor's license under section 5-4(e): Fine of two hundred fifty
dollars ($250.00) (1st offense); five hundred dollars ($500.00) (2nd and each
subsequent offense). In addition, if a contractor continues to engage in work without a
contractors license under this chapter in violation of a written cease and desist issued
by the city, the penalty for failure to obtain a contractors license under this subsection
shall be increased $250.00 per day for continued activity without a license after the
cease and desist was issued.
(6) Failure to abide by the requirements of section 5-10 of this Chapter: Fine of two
hundred fifty dollars ($250.00) per occurrence.
(7) Any other violation of this chapter: Fine as provided by law and this chapter.
(c) Civil fine determination. In determining the amount of the civil fine under subsection (6)
above, the following factors shall be considered:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
(3) Any previous violations of this chapter committed by the violator.
(4) The number and size of the trees removed, if any.
(5) The historical significance of any tree removed if the tree was deemed historic.
(6) Whether the violation is irreparable or irreversible in nature.
(7) The remedial actions offered by the violator to restore the property consistent with this
chapter.
(8) Whether the violation was willful and intentional or in violation of an express
provision of an agreement in which applicable rights were provided to the city.
Sec. 5-19. - Authorization to adopt rules and regulations and fees for implementation.
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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.
APPENDIX A UNDESIRABLE TREES
Common Name Botanical Name
Mimosa, silk tree Albizia julibrissin
Woman's tongue Albizia lebbeck
Orchid tree Bauhinia variegata
Bischofia Bischofia javanica
Carrotwood Cupaniopsis anacardioides
Casuarina litorea (=C.
Australian pine
equisetifolia)
Suckering Australian pine Casuarina glauca
Camphor tree Cinnamomum camphora
Laurel fig Ficus nicrocarpa
Glossy privet Ligustrum lucidum
Chinese privet, hedge privet Ligustrum sinense
Melaleuca, paper bark Melaleuca quinquenervia
Chinaberry Melia azedarach
Catclaw mimosa Mimosa pigra
Strawberry guava Psidium guajava
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Psidium Montana (=P.
Guava
littorale)
Downy rose-myrtle Rhodomyrtus tomentosa
Popcom tree, Chinese tallow
Sapium sebiferum
tree
Schefflere actinophylla
Schefflera, Queensland
(=Brassaia
umbrella tree
actinophylla)
Brazilian pepper, Florida
Schinus terebinthefolius
holly
Tung-oil tree Aleurites fordii
Paper mulberry Broussonctia papyrifera
Australian pine Casuarina cunninghamiana
Indian rosewood, sissoo Dalbergia sissoo
Ear-pod tree Enterolobium contortisilquum
Goldenrain tree Koelreuteria elegans
Lead tree Leucaena leucocephala
Senegal date palm Phoenix reclinata
Castor bean Castor bean
Rose-apple Syzygium jambos
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APPENDIX B DESIRABLE TREES
Replacement Replacement
PreferredReplacement
Common Botanical Tree Credits
Notes
Plant and Tree
Name Name Size/Minimum Preferred
Size/Minimum Height
Height Plant
Canopy Trees
30
Taxodium deciduous, bronze fall
Bald cypress 2:1
distichum hgt. color, chartreuse
spring color
Taxodium
Bald cypress 3:1
distichum
50
Black gum,
Nyssa sylvatica orange-red fall color,
swamp 2:1
var. biflora hgt. deciduous, prefers wet
tupelo
soils
Carolina Prunus
2:1 evergreen, glossy
cherry laurel caroliniana hgt.
leaves, black fruits
Medium tree,
Chinese elm Ulmus
min. hgt. 1:1 evergreen, attractive
(Drake) parviflora hgt.
bark, fine texture
Dahoon Ilex cassine 30 2:1 evergreen, red fruits on
hgt.
female trees
Dahoon Ilex cassine 65 gal 3:1
hgt.
Ulmus 607
Florida elm 3:1
hgt.
americana deciduous, long living,
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floridana shade tree
Quercus
Laurel oak N/A begins to deteriorate at
laurifolia hgt.
about 50 years
100
Quercus height, majestic
Live oak 2:1
virginiana hgt. spread, evergreen,
long-lived
Quercus
Live oak 4:1
virginiana
Quercus
Live oak 5:1
virginiana
Longleaf 80
Pinus palustris 30 gal. 3:1
pine hgt. height, high branching
40
Pignut kernal kernel inside
Carya glabra 2:1
hickory hgt. nut is edible, shade
tolerant
50
. height, red spring
Red maple Acer rubrum 2:1
hgt. flowers, orange-red
fall color
65 ga
Red maple Acer rubrum 4:1
Red maple Acer rubrum 4:1
Small to medium sized
Sand live Quercus
5:1 tree, dark green leaves,
oak geminata hgt.
asymmetric form
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80
Slash pine Pinus elliottii 3:1
hgt. height, high branching
Southern Magnolia
3:1 large glossy leaves,
magnolia grandiflora hgt.
showy white flowers
Southern Magnolia
4:1
magnolia grandiflora
Southern Magnolia FG;
5:1
magnolia grandiflora cal
60e height,
fruit attracts birds,
Sugarberry,
Celtis laevigata 2:1 large graceful form,
hackberry hgt.
prefers moist soils, soft
wood
creamy white flowers,
seed cone with bright
Magnolia 15
Sweetbay 3:1 red seeds, evergreen,
virginiana hgt.
leaves with whitish
undersides, prefers wet
sols
60
Liquidambar height, yellow fall
Sweetgum hgt. 3:1
styraciflua hgt. color, deciduous, seeds
in spiny bals
80
Platanus height, varicolor bark,
Sycamore 3:1
occidentalis hgt. golden fall color,
deciduous
30
Water ash, Fraxinus
N/A
soft wood, bright green
Carolina ash caroliniana hgt.
compound leaves,
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prefers moist areas
Water oak Quercus nigra 2:1 bluish green foliage;
hgt.
shade tree
5080 feet mature
Winged elm Ulmus alata 3:1 height, corky winged
hgt.
bark; rusty fall color
Small Understory Trees
Camelia Camelia spp. ight 2:1 Showy spring flowers
height
20
good for erosion
Carolina Salix N/A control, soft green
willow caroliniana hgt. hgt. foliage, black ridged
bark, prefers
moist to wet soils
Small tree, evergreen,
Chapman Quercus N/A
prefers well-drained
oak chapmanii hgt. hgt.
soils
Small spreading tree,
Chickasaw Prunus armed, white flowers
3:1
plum angustifolia hgt. before leaves emerge
in spring
Showy flowers,
Crape myrtle Lagerstroemia 1:1
hgt. standard evergreen
15-
Devils-
N/A
umbrella-like crown,
walking-Aralia spinosa
hgt. hgt.
large white flower
stick
clusters, spines,
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spreads freely
Pyramidal evergreen,
Ilex X Festive
Festive holly 1:1 spiny foliage, 10
TM
hgt.
mature height
maroon-red flowers,
Florida anise Illicium N/A
prefers moist soils,
tree floridanum min. hgt. hgt.
compact and dense
form
20
Flowering showy white spring
Comus florida 3:1
dogwood hgt. bracts, red autumn
color
20
upright branches
Chionanthus min.
Fringe tree forming dome shape,
virginicus hgt.
white delicate flowers,
golden fall color
Hercules-
Zanthoxylum N/A Small armed tree,
club,
clava-herculis hgt. hgt. deciduous
pricklyash
Japanese Ligustrum
2:1 evergreen, upright
privet japonicum hgt.
spreading form
20ature height,
Magnolia
Little Gem showy white fowers,
grandiflora 3:1
magnolia hgt. dark green glossy
leaves
Magnolia
Little Gem
grandiflora hgt. 4:1
magnolia
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Medium tree,
Eriobotrya evergreen, dark green
Loquat 2:1
japonica hgt. foliage, dark yellow
fruits, fruits edible
Small tree, deciduous,
prefers moist to
Musclewood,
Carpinus occassionaly wet soils,
American . 2:1
caroliniana hgt. prefers shade to partial
hornbeam
shade, trunks "muscle
like"
Small, scrubby tree;
Quercus
Myrtle oak 2:1 evergreen, prefers drier
myrtifolia hgt.
soils
14 height,
upright to pyramidal
Oakleaf
1:1 form, evergreen, red
holly hgt.
beries, oak-shaped
leaves
strongly upright,
Podocarpus, Podocarous N/A 15 gal.; 6
symmetrical
Nagi nagi hgt. hgt.
branching, evergreen,
dark green foliage
Podocarpus, Podocarpus N/A evergreen, compact,
Yew macrophyllus hgt. hgt. foliated to ground,
dark green foliage
Small tree, large
Red N/A
Morus rubra leaves, edible fruits,
mulberry hgt. hgt.
attracts birds
20 mature height,
Cercis
Redbud 2:1
rosy purple spring
hgt.
canadensis var.
flowers, deciduous,
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canadensis high branching,
sensitive to auto
pollutants
Cercis
Redbud canadensis var. . 3:1
canadensis
20
rusty colored new
Rusty lyonia, Lyonia N/A 15 ga
growth, evergreen,
staggerbush ferruginea hgt. hgt.
crooked and
asymmetric form
Elaegnus N/A sprawling, weeping
Silverthorn
pungens hgt. hgt. form; leaves with
silvery undersides
evergreen with
reddish-brown bark,
Southern red Juniperus prefers neutral soils,
min. hgt. 3:1
cedar silicicoia hgt. symmetrical when
young, often
asymmetric and
windswept with age.
20
Vaccinium N/A
Sparkleberry red fall color,
arboreum hgt. hgt.
deciduous
Sweet/Tea Osmanthus evergreen, open,
1:1
Olive fragrans hgt. foliage restricted to
branch tips
Height variable, not
Tabebuia Tabebuia spp. 1:1
hgt. strongly frost hardy
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15
prefers acid to very
acid soils, prefers
Cyrilla N/A moist to wet soils,
Titi
racemiflora hgt. hgt. wide spreading
branches, white
racemes of flowers in
early summer
Juniperus
Tortulosa
chinensis 1:1
juniper hgt.
Small tree, coppery
Tough N/A
Bumelia tenax leaf undersides,
bumelia hgt. hgt.
scrubby form
20
copper fall color;
N/A
Turkey oak Quercus laevis deeply lobed leaves;
hgt. hgt.
prefers sandy, well-
drained soils
12
Vibumum white spring flower
2:1
viburnum obovatum hgt. standard clusters, prefers moist
to we soils
15height;
dark blue, chalky
Wax myrtle Myrica cerifera 25 g 2:1 fruits; olive-green
hgt.
foliage, evergreen, low
maintenance
Wax myrtle Myrica cerifera t. 3:1
Weeping Salix 15
gt. 1:1
willow babylonica hgt. draping linear leaves
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15
Osmanthus N/A olive-green folage,
Wild olive
americanus hgt. hgt. beautiful shape in light
shade to sun
20ature height,
15 gal.; 5red-orange translucent
Yaupon Ilex vomitoria 3:1
hgt. standard fruits, evergreen, often
multi-trunked
Yaupon Ilex vomitoria 4:1
standard
Palms
50
Cabbage mature
Sabal palmetto min. hgt. 2:1
palm trunk height,
long lived
Cabbage
Sabal palmetto 3:1
palm trunk
mature
height,
diamond
Canary
Phoenix patterned
Island date 1:1
canariensis mir hgt trunk,
palm
evergreen,
feather-
like
fronds
Phoenix
mature
Date palm 1:1
dactylifera hgt. trurk
height,
pinnate
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leaves to
grey-
green
color
mature
height,
European fan Chamaerops min. hgt.; palmate
1:1
palm humilis hgt. multiple fronds,
gray-
green
color
3-
mature
height,
prefers
moist soil,
Rhapidophyllum 15 gal.;
Needle palm 5:1 evergreen,
hystrix hgt. triple
palmate
fronds,
declining
native
species
mature
height,
pinnate
fronds
Pindo palm Butia capitata 1:1
hgt. fine
texture,
blue-
green
color
1:1
Pygmy date Phoenix .;
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palm roebelenij hgt. triple height
mature
height,
Sago palm, dark
Cycas revoluta 1:1
King hgt. green
feather-
like
leaves
mature
height,
Sago palm, dark
Cycas circinalis hgt. 1:1
Queen hgt. green
feather-
like
leaves
mature
height,
palmate
leaves,
rapid
growth,
Washington Washingtonia
1:1 develops
palm robusta hgt.
"shag" of
hanging
dead
fronds,
good as
avenue
tree
Washington Washingtonia
1:1
palm robusta hgt.
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Ordinance No. 2020-03
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mature
height,
Windmill Trachycarpus palmate
t. 1:1
Palm fortunei hgt. fronds,
gray-
green
color
min. hgt. = minimum height
min. calliper caliper = minimum calliper caliper
gal. = gallon
FG = field grown
APPENDIX C: APPROVED STREETSCAPE CANOPY TREE TYPES FOR
STREETSCAPES ALONG S.R. 434 AND TUSKAWILLA ROAD
Canopy Trees
Common Name Botanical Name Required Specs
Live Oak Ouercus Virginiana 4 inch caliper at dbh
Sycamore Plantanus Occidentalis 3.5 inch caliper at dbh
Red Maple Acer Rubrum 3 inch caliper at dbh
Southern Magnolia Magnolia Grandiflora 3 inch caliper at dbh
Drake Elm Ulmus Parvifolia 3 inch caliper at dbh
Winged Elm Ulmus Alata 3 inch caliper at dbh
Understory Trees
Common Name Botanical Name Required Specs
Tree Ligustrum Ligustrum Japonicum 8 ft. x 8 ft. spread
Crape Myrtle Lagerstoremia Indicia 12 ft. multi or standard
Redbud Cercis Canadensis 12 ft. height
Tabebuia Tabebuia Spp. 12 ft. height
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The City Manager or designee reserves the right to approve or deny a proposed tree selection
from the approved streetscape tree listings, pursuant to Section 20-605 of the City Code.
APPENDIX C CALCULATING TREE PROTECTION ZONE
The following guidelines shall be applied to determine the Tree Protection Zone:
1. Evaluate the species tolerance of the tree: good, moderate, or poor (See list on next
page)
2. Identify tree age: young (<20% of the tree's life expectancy), mature (20% - 80% of the
tree's life expectancy), or overmature (>80% of the tree's life expectancy)
3. Using the table below, find the distance from the trunk that should be protected per
inch of trunk diameter.
4. Multiply the distance by the trunk diameter to calculate the optimum radius (in feet) for
the tree protection zone.
Example:
A healthy 60-k walnut (poor tolerance, mature age)
Species Tolerance Tree Age Distance from trunk feet (per inch trunk diameter)
Good Young
Mature
Overmature
Moderate Young
Mature
Overmature
Poor Young
Mature
Overmature
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Source: Trees and Development, a Technical Guide to Preservation of Trees During Land
Development, Nelda Matheny and James Clark, 1998, International Society of Arboriculture,
Champaign, IL
Relative ToleranceAssigned either by source or by
Matheny
Common
Scientific Name and Clark Comments Source
Name
Tolerant of root loss and saturated
Balsam fir Abies balsamea Good Hightshoe
soils.
Tolerant of root loss. Intolerant of Day,
White fir Abies concalor Moderate
saturated and high salt soils. Hightshoe
Matheny &
Acacia Acacia spp. Poor Intolerant of root injury.
Clark
Intolerant of mechanical injury
(poor compartmentalization).
Florida maple Acer barbatum Moderate Coder
Response constrained by soil
aeration and water availability.
Vine maple Acer circinatum Good Best retained as clumps. Peepte
Chalk maple Acer leucoderme Poor Response is site dependent. Coder
Acer Select specimens with good crown
Bigleaf maple Good
macrophyllum structure.
Tolerant of root pruning and injury
Beck
but not of fill.
Acer
Bigleaf maple Poor Declines following addition of fill. Dunster
macrophyllum
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Tolerant of root loss and saturated
Coder,
soils. May tolerate some fill.
Box elder Acer negundo Good Hightshoe,
Select superior individuals for
Sydnor
preservation.
Intolerant of mechanical injury
(poor compartmentalization).
Acer
Striped maple Moderate Limited tolerance to microclimate Coder
pensylvanlcum
change. Tolerance greatest within
native range.
Norway Moderate-Moderately tolerant of root S. Clark,
Acer platanoides
maple good pruning. Fraedrich
Sycamore Acer
Moderate Gilbert
maple pseudoplatanus
Response probably associated with Coder,
Moderate-
Red maple Acer nubrum geographic location. Tolerant of Fraedrich,
good
root pruning and saturated soils. Hightshoe
Likely to slowly die back
following root injury (Day). May
tolerate some root pruning Coder, Day,
Acer Poor-(Praedrich) or loss (Hightshoe). Fraedrich,
Silver maple
saccharinum moderate Some tolerance for crown Hightshoe,
reduction pruning, fill soils and Sydnor
saturated soils. Response variable
within species (Coder)
S. Clark,
Poor-Tolerant of root loss. Intolerant of
Sugar maple Acer saccharum Hightshoe,
moderate saturated and fill soils.
Sydnor
Intolerant of mechanical injury
(poor compartmentalization).
Mountain
Acer spicatum Moderate Limited tolerance to microclimate Coder
maple
change. Tolerance greatest within
native range.
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California Aesculus Matheny &
Good
buckeye californica Clark
Red horse-Aesculus x Shows good resistance to
Good Gilbert
chestnut camea "contractor pressures."
Intolerant of mechanical injury
Yellow (poor compartmentalization).
Aesculus flava Poor Coder
buckeye Response constrained by soil
aeration and water availability.
Intermediate tolerance to root loss
and saturated soils. Poor Hightshoe,
Ohio buckeye Aesculus glabra Poor
acclimation response. Tolerant of Sydnor
some fill.
Intolerant of mechanical injury
Red buckeye Aesculus pavia Moderate Coder
(poor compartmentalization).
Tolerant of root pruning. Day,
Tree of Ailanthus
Good Generally good acclimation Fraedrich,
heaven altissima
response following disturbance. Sydnor
Show considerable resistance to
Alders Alnus spp. Good Gilbert
"contractor pressures."
Retain only in groups or as
Beck,
Poor-individuals with strong taper and
Red alder Alnus rubrn Dunster,
moderate structure. Relatively short-lived.
Peepre
Intolerant to root injury.
Hazel alder Alnus serrulata Good Coder
Intermediate tolerance to root loss.
Amelanchier Tolerant of saturated soils. Hightshoe,
Serviceberry Good
spp. Generally good acclimation Sydnor
response to site change.
Intolerant of mechanical injury
Moderate Coder
Downy Amelanchier
(poor compartmentalization).
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serviceberry arboren Response constrained by soil
aeration and water availability.
Devil's-Intolerant of mechanical injury
Aralia spinosa Moderate Coder
walkingstick (poor compartmentalization).
Arbutus Matheny &
Madrone Poor Intolerant of site disturbance.
menziesii Clark
Pawpaw Asimina triloba Good Coder
Eastern Baccharis
Good Coder
baccharis halimifolia
Intolerant of root pruning. Mature
Poor-Gilbert,
Birch Betula spp. trees particularly sensitive to
moderate Fraedrich
development impacts.
Intolerant of mechanical injury
(poor compartmentalization).
Betula Limited tolerance to microclimate
Yellow birch Moderate Coder
alleghaniensis change. Tolerance greatest within
native range. Response varies due
to soil and water availability.
Intermediate tolerance to root loss.
Intoletant of saturated soils.
Intolerant of mechanical injury. Coder,
Sweet birch Betula lenta Moderate
Limited tolerance to microclimate Hightshoe
change. Tolerance greatest within
native range.
S. Clark,
Variable tolerance of root loss and
Moderate-Coder,
River birch Betula nigra saturated soils. Tolerant of minor
good Hightshoe,
amounts of fill.
Sydnor
Intolerant of construction impacts
Betula Poor-
S. Clark, Day,
Paper birch
outside of native range; moderate
papytifera moderate
Peepre,
within. Prone to sunscald. Low
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tolerance to root injury. Bronze Sydnor
birch borer much more severe
under stress. Best retained in
groups or as select individuals.
Tolerant of construction impacts
within native range; moderate
Betula Moderate-response outside. Construction S. Clark,
Gray birch
populifolia good impacts/injury increases Sydnor
susceptibility to bronze birch
borer.
Intolerant of mechanical injury
Bumelia (poor compartmentalization).
Gum bumelia Moderate Coder
lanuginosa Response constrained by soil
aeration and water availability.
Intolerant of mechanical injury
Buckthorn Bumelia (poor compartmentalization).
Moderate Coder
bumelia lycioides Response constrained by soil
aeration and water availability.
Calocedrus Matheny &
Incense cedar Moderate
decurrens Clark
Intolerant of root loss and
saturated soils. Susceptible to two-
lined chestnut borer, particularly Coder,
Blue beech; Carpinus
Moderate under conditions of environmental Hightshoe,
hombeam caroliniana
stress. Limited tolerance to Sydnor
climatic change. Tolerance
greatest within native range.
Water hickory Carya aquatica Good Coder
Intermediate tolerance to root loss
Bitternut Carya Hightshoe,
Good and saturated soils. Will tolerate
hickory cordiformis Sydnor
some fill.
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Bitternut Carya Response constrained by soil
Poor Coder
hickory cordiformis aeration and water availability.
Moderately tolerant of
construction damage. Tolerant of S. Clark,
Pignut Moderate-
Carya glabra some fill. Windfirm. Response Coder,
hickory good
constrained by soil and water Sydnor
availability.
Moderately tolerant of
Moderate-S. Clark,
Pecan Carya illinoensis construction damage. Tolerant of
good Sydnor
some fill.
Moderately tolerant of
Shagbark Moderate-S. Clark,
Carya ovata construction damage. Tolerant of
hickory good Sydnor
some fill. Windfirm.
Shagbark Response constrained by soil
Carya ovata Poor Coder
hickory aeration and water availability.
Sand hickory Carya pallida Moderate Coder
Moderately tolerant of
Mockemut Moderate-S. Clark,
Carya tomentosa construction damage. Tolerant of
hickory good Sydnor
some fill. Windfirm.
Mockemut Poor-Response constrained by soil
Carya tomentosa Coder
hickory moderate aeration and water availability.
Florida Castanea Pest problems associated with
Moderate Coder
chinkapin alnifolia development impacts.
Allegheny Pest problems associated with
Castanea pumila Poor Coder
chinkapin development impacts.
Tolerant of saturated soils.
Catalpa Catalpa spp. Moderate Intermediate in tolerance to root Hightshoe
loss.
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Southern Catalpa
Good Coder
catalpa bignonioides
Generally tolerant of disturbance
Northern
Catalpa speciosa Good including root injury. Prone to Day, Sydnor
catalpa
basal decay.
Tolerant of root and crown
pruning. Intolerant of excessive
Deodar cedar Cedrus deodara Good Ellis
soil moisture; leads to Armillaria
and Phytophthora.
Intolerant of mechanical injury
Sugarberry Celtis laevigata Good Coder
(poor compartmentalization).
Intolerant of mechanical injury
Georgia (poor compartmentalization).
Celtis tenuifolia Moderate Coder
hackberry Response constrained by soil
aeration and water availability.
Tolerant of root loss. Intermediate Day,
Celtis
Hackberry Good (Hightshoe) or low (Day) in Hightshoe,
occidentalis
tolerance to saturated soils. Sydnor
Common Cephalanthus Intolerant of mechanical injury
Good Coder
buttonbush occidentalis (poor compartmentalization).
Sensitive to fill and root
disturbance. Requires tree
Cercidiphyllum Poor-protection zone at the dripline.
Katsura-tree Cullen
japanicum moderate Requires postconstruction care,
particularly supplemental
irrigation.
Cercis Response constrained by soil
Redbud Moderate Coder
canadensis aeration and water availability.
Chamaecyparis
Alaska Relatively windfirm. Intolerant of
Good Peepre
nootkatensis
yellow- changes in water table/soil
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Ordinance No. 2020-03
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cedar moisture.
Chamaecyparis Show considerable resistance to
False cypress Good Gilbert
spp. "contractor pressures."
Intolerant of mechanical injury
Chionanthus (poor compartmentalization).
Fringetree Moderate Coder
virginicus Response constrained by soil
aeration and water availability.
Yellow-wood Cladrastis lutea Poor Response is site dependent. Coder
Intolerant of mechanical injury
Cinnamon Clethra (poor compartmentalization).
Moderate Coder
clethra acuminata Response constrained by soil
aeration and water availability.
Intolerant of mechanical injury
Buckwheat Cliftonia (poor compartmentalization).
Moderate Coder
tree monophylla Response constrained by soil
aeration and water availability.
Pagoda Conius Intolerant of mechanical injury
Moderate Coder
dogwood alternifolia (poor compartmentalization).
Flowering
Conius florida Poor Intolerant of site disturbance. Sydnor
dogwood
Intolerant of mechanical injury
Flowering (poor compartmentalization). Pest
Cornus florida Moderate Coder
dogwood problems associated with
development impacts.
Pacific
Conius nuttallii Good Peepre
dogwood
Swamp Intolerant of mechanical injury
Conius stricta Good Coder
dogwood (poor compartmentalization).
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Beaked hazel Corylus conuita Good Coder
Intermediate tolerance to root loss
Hawthorn Crataegus spp. Moderate Hightshoe
and saturated soils.
Sensitive to windthrow if canopy
Cockspur Crataegus crus-
Good raised. Some tolerance to Sydnor
hawthorn galli
disturbance.
Washington Crataegus Susceptible to windthrow.
Good Sydnor
hawthorn phaenopyrum Tolerates some disturbance.
Dotted Crataegus Susceptible to windthrow.
Good Sydnor
hawthorn punctata Tolerates some disturbance.
Show considerable resistance to
Cypresses Cupressus spp. Good Gilbert
"contractor pressures."
Montecey Cupressus Matheny &
Poor Intolerant of site disturbance.
cypress macrocarpa Clark
Cyrilla Intolerant of mechanical injury
Swamp cyrilla Moderate Coder
racemiflora (poor compartmentalization).
Tolerant of saturated soils. Pest
Diospyros
Persimmon Good problems associated with Sydnor
virginiana
development impacts.
Eastern Erythrina Intolerant of mechanical injury
Moderate Coder
coralbean berbacen (poor compartmentalization).
Moderately tolerant of root loss. Matheny &
Eucalyptus Eucalyptus spp. Moderate
Intolerant of fill. Clark
Eastern Euonymus Intolerant of mechanical injury
Moderate Coder
wahoo atropurpureus (poor compartmentalization).
Fraedrich,
Intolerant of root pruning. Poor
Beech Fagus spp. Poor
Sydnor
response to injury. Intolerant of fill
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soil.
American Fagus
Poor Response is site dependent. Coder
beech grandifolia
European Mature trees particularly
Fagus sylvatica Poor Gilbert
beech susceptible.
Forestea
Swamp privet Good Coder
accuminata
Moderately tolerant of root S. Clark,
Ash Fraxinus spp. Moderate
pruning. Fraedrich
Tolerant of root loss. Intermediate
in tolerance to saturated soils. S. Clark,
Fraxinus Moderate-Intolerant of mechanical injury Coder,
White ash
americana good (poor compartmentalization). Hightshoe,
Response constrained by soil and Sydnor
water availability.
Fraxinus
Carolina ash Good Coder
caroliniana
Fraxinus
European ash Moderate Gilbert
excelsior
Tolerant of root loss and saturated
Black ash Fraxinus nigra Good Hightshoe
soils.
Tolerant of root pruning and loss.
Coder, Day,
Fraxinus Benefits from supplemental
Green ash Good Hightshoe,
pennsylvanica Irrigation following injury.
Sydnor
Tolerant of saturated soils and fill.
Fraxinus
Blue ash Good Sydnor
quadrarigulata
Shamel ash Fraxinus uhdei Good Bills
Tolerant of root pruning. Best with
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irrigation following disturbance.
Fraxinus Tolerant of root pruning. Requires
Matheny &
Modesto ash velutina Good supplemental irrigation following
Clark
'Modesto' root loss/injury.
Fraedrich,
Ginkgo Ginkgo biloba Good Tolerant of root pruning.
Sydnor
Gleditsia
Water locust Good Coder
aguatica
Coder,
Gleditsia Tolerant of root pruning and site
Fraedrich.
Honey locust triacanthos f. Good disturbance. Intermediate
Hightshoe,
Inermis tolerance to saturated soils.
Sydnor
Gordonia
Loblolly bay Good Coder
lasianthus
Intermediate tolerance to root loss
Kentucky Gymnoceadus Hightshoe,
Good and saturated soils. Tolerant of site
coffee-tree dioicus Sydnor
disturbance.
Intolerant of mechanical injury
(poor compartmentalization).
Response constrained by soil
Carolina
Halesia carolina Moderate aeration and water availability. Coder
silverbell
Limited tolerance to microclimate
change. Tolerance greatest within
native range.
Intolerant of mechanical injury
Two-winged (poor compartmentalization).
Halesia diptera Moderate Coder
silverbell Response constrained by soil
aeration and water availability.
Intolerant of mechanical injury
Little Halesia
Moderate Coder
(poor compartmentalization).
silverbell parviflora
Response constrained by soil
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aeration and water availability.
Intolerant of mechanical injury
Hamamelis (poor compartmentalization).
Witch-hazel Moderate Coder
virginiana Response constrained by soil
aeration and water availability.
Carolina holly Ilex ambigua Good Coder
Dahoon Ilex cassine Good Coder
Large
Ilex coriacea Good Coder
gallberry
Possumhaw Ilex decidua Good Coder
Limited tolerance to microclimate
Mountain Moderate-
Ilex montana change. Tolerance greatest within Coder
winterberry good
native range.
Myrtle
Ilex myrtifolia Good Coder
dahoon
American Coder,
Ilex opaca Good Tolerates some fill.
holly Sydnor
Common
Ilex verticillata Good Coder
winterberry
Yaupon holly Ilex vamitoria Good Coder
Dies slowly following even minor
root injury or changes to water
California table. Crown reduction pruning Matheny &
Juglans hindsii Poor
black walnut may be fatal. Requires tree Clark
protection zone at or beyond the
dripline.
Intolerant of root loss.
Black walnut Juglans nigra
Poor-Hightshoe,
Intermediate tolerance to saturated
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moderate soils. Intolerant of mechanical Sydnor
injury (poor
compartmentalization). Response
constrained by soil aeration and
water availability.
English Usually grafted onto California Matheny &
Juglans regin Poor
walnut black walnut stock. Clark
Sensitive to root pruning and fill
Rocky soil. Likely to decline following
Junlperus
Mountain Poor grade change and loss of roots. Day
scopulorum
junlper Very susceptible to borers when
stressed.
Tolerant of root loss. Intolerant of Coder,
Eastern red Juniperus
Good saturated soils. Intolerant of Hightshoe,
cedar virginiana
mechanical injury. Sydnor
Mountain
Kahnia latifolia Good Coder
laurel
Tolerant of root loss and saturated
Tamarack Larix laricina Moderate Hightshoe
soils.
Intermediate response to fill and
S. Clark,
root injury. Breadth of tolerance
Liquidambar Coder,
Sweetgum Poor-good may be due to pre-existing site
styraciflua Matheny &
conditions and within species
Clark, Sydnor
variation.
Liriodendron Intolerant of root pruning. Fraedrich,
Tuliptree Moderate
tulipifera Sensitive to wounding. Sydnor
Intolerant of mechanical injury
Liriodendron (poor compartmentalization).
Tuliptree Poor Coder
tullpifera Response constrained by soil
aeration and water availability.
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Magnolia Intolerant of mechanical injury
Cucumbertree Moderate Coder
acuminata (poor compartmentalization).
Intolerant of mechanical injury
(poor compartmentalization).
Fraser
Magnolia fraseri Poor Limited tolerance to microclimate Coder
magnolia
change. Tolerance greatest within
native range.
Response dependent upon
location; good within native range;
Southern Magnolia Poor or Matheny &
poor outside it. In California, it
magnolia graudiflora good Clark, Sydnor
declines following root injury and
site disturbance.
Southern Maguolia Intolerant of mechanical injury
Moderate Coder
magnolia grandiflora (poor compartmentalization).
Intolerant of mechanical injury
(poor compartmentalization).
Pyramid Magnolia
Poor Limited tolerance to microclimate Coder
magnolia pyramidata
change. Tolerance greatest within
native range.
Magnolia Coder,
Sweet bay Good Tolerant of saturated soils.
virginiana Sydnor
Apples Malus spp. Moderate Gilbert
Intolerant of mechanical injury
(poor compartmentalization).
Limited tolerance to microclimate
Southern Malus
Moderate change. Tolerance greatest within Coder
crabapple angustifolia
native range. Pest problems
associated with development
impacts.
Intolerant of mechanical injury
Sweet Moderate-Coder,
Malus coronarla
(poor compartmentalization).
crabapple good Sydnor
Limited tolerance to microclimate
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Ordinance No. 2020-03
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change. Tolerance greatest within
native range. Pest problems
associated with development
impacts.
Apple Malus domestic Good Tolerant of some fill. Sydnor
Ptairie
Malus iocnsis Good Sydnor
crabapple
White Matheny &
Morus alba Moderate
mulberry Clark
White
Morus alba Good Tolerant of disturbance and fill. Sydnor
mulberry
Coder,
Red mulberry Morus rubra Good Tolerant of disturbance and fill.
Sydnor
Southern
Myrica cerifera Good Coder
bayberry
Evergreen Myrica
Good Coder
bayberty heterophylla
Water tupelo Nyssa aquatica Good Coder
Intolerant of mechanical injury
Ogeechee (poor compartmentalization).
Nyssa ogeche Moderate Coder
tupelo Response constrained by soil
aeration and water availability.
Response constrained by soil Coder,
Black gum Nyssa sylvatica Good
aeration and water availability. Sydnor
Osmanthus Intolerant of mechanical injury
Devilwood Moderate Coder
americanus (poor compartmentalization).
Intolerant of root loss and Coder,
Moderate
American Ostrya
saturated soils. Two-lined chestnut Highishoe,
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hophornbeam virginiana borer will attack following Sydnor
disturbance. Response is site
dependent.
Oxydendrum
Sourwood Moderate Windfirm. Sydnor
arboreum
Oxydendrum
Sourwood Poor Coder
arboreum
Paulownia
Empress-tree Good Tolerant of site disturbance. Sydnor
tomentosa
Redbay Persea borbonia Good Coder
Norway Often windthrows. Intolerant of
Picea abies Moderate Sydnor.
spruce root loss.
Tolerant of root loss. Intermediate
White spruce Picea glauca Moderate Hightshoe
in tolerance to saturated soils.
Tolerant of root loss and saturated
Black spruce Picea mariana Good Hightshoe
soils.
Intolerant of saturated soils. Day,
Colorado
Picea pungens Moderate Intermediate in tolerance to root Hightshoe,
spruce
loss. Often windthrows. Sydnor
Pinckneya Intolerant of mechanical injury
Pinckneya Moderate Coder
pubens (poor compartmentalization).
Tolerant of root loss. Intolerant of Hightshoe,
Jack pine Pinus banksiana Good
saturated soils. Sydnor
Canary Island Pinus Tends to have sinker roots close to
Good Ellis
pine canarlensis trunk.
Moderate-Coder,
Pest problems associated with
Shortleaf pine Pinus echinata
good Sydnor
development impacts. Tolerant of
City of Winter Springs
Ordinance No. 2020-03
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some fill soil.
Tolerant of root pruning.
Plnyon pine Pinus edulis Moderate Intolerant of saturated and poorly Day
drained soils.
Slash pine Pinus elliottii Good Coder
Spruce pine Pinus glabm Good Coder
Tolerant of some fill and root
Austrian pine Pinus nigra Good Day, Sydnor
pruning/injury.
Limited tolerance to microclimate
Moderate-
Longleaf pine Pinus palustris change. Tolerance greatest within Coder
good
native range.
Tolerant of fill within dripline and
Ponderosa root pruning. Intolerant of poor
Pinus ponderosa Good Day
pine drainage, overwatering, and high-
soluble salts.
Limited tolerance to microclimate
Table Moderate-
Pinus pungens change. Tolerance greatest within Coder
mountain pine good
native range.
Requires supplemental irrigation
Monterey pine Pinus radiata Moderate Ellis
following disturbance.
Tolerant of root loss. Intolerant of Hightshoe,
Red pine Pinus resinosa Good
saturated solls. Sydnor
Coder,
Pitch pine Pinus rigida Good
Sydnor
Matheny &
Digger pine Pinus sabiniana Moderate
Clark
Pond pine Pinus serotina Good Coder
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Tolerant of root loss. Intolerant of
Coder,
saturated soils or changes in soil
White pine Plnus strobus Moderate Hightshoe,
moisture. Response often site
Sydnor
dependent.
Tolerant of root loss. Intolerant of Hightshoe,
Scots pine Pinus sylvestris Good
saturated soils. Sydnor
Moderate tolerance to root loss.
S. Clark,
Moderate-Intolerant of saturated soils. Injury
Loblolly pine Pinus taeda Coder,
good increases susceptibility to southern
Sydnor
pine beetle.
Poor-Prone to windthrow and root Matheny &
Virginia pine Pinus virginiana
moderate decay. Clark, Sydnor
Virginia pine Pinus virginiana Good Coder
Planera
Planer tree Good Coder
aquatica
Response appears to be location
dependent. In eastern U.S., stress
Platanus x Poor or intolerant in northern part of Matheny &
London plane
acerifolia good range. In California, very tolerant. Clark, Sydnor
Benefits from supplemental
irrigation.
Intermediate tolerance to
Eastern Platanus S. Clark,
Moderate construction damage. Moderate
sycamore occidentalis Sydnor
tolerance of fill soil.
Eastern Platanus
Good Coder
sycamore occidentalis
Western Platanus Matheny &
Moderate
sycamore racemosa Clark
Poplars Populus spp. Good Gilbert
Show considerable resistance to
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"contractor pressures."
S. Clark,
Intermediate to good tolerance of
Eastern Populus Moderate-Coder,
root loss, fill soil, and saturated
cottonwood deltoides good Hightshoe,
soils.
Sydnor
Western Populus Matheny &
Poor Prone to windthrow and decay.
cottonwood fremoutii Clark
Bigtooth Populus Poor-Tolerant of root loss. Intolerant of Hightshoe,
aspen grandidentata moderate saturated soils. Sydnor
Tolerant of minor amounts of fill.
Lombardy Populus nigra Moderate-Intolerant of changes in soil
Beck
poplar 'Itallca' good moisture. Decays rapidly.
Susceptible to windthrow.
Defoliation and dieback may
follow excessive root loss.
Plains Populus Intolerant of crown reduction
Moderate Day
cottonwood sargentii pruning. Supplemental irrigation
required following root Injury.
Tolerant of some grade change.
Quaking Populus Tolerant of root loss. Intolerant of Day,
Moderate
aspen tremuloides saturated soils. Hightshoe
Black Populus Mature trees prone to windthrow
Poor Peepre
cottonwood trichocarpa and trunk failure.
Intolerant of mechanical injury
American Prunus (poor compartmentalization).
Moderate Coder
plum americana Response constrained by soil
aeration and water availability.
Intolerant of mechanical injury
Chickasaw Prunus
Moderate Coder
(poor compartmentalization).
plum angustifalia
Response constrained by soil
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aeration and water availability.
Carolina Prunus
Good Coder
laurelcherry caroliniana
Toletant of root loss. Intolerant of
Canada plum Prunus nigra Moderate Hightshoe
saturated soils.
Prunus Intolerant of mechanical injury
Fire cherry Moderate Coder
pensylvanica (poor compartmentalization).
Intermediate tolerance to root loss.
Intolerant of saturated soils. Select Hightshoe,
Black cherry Prunus serotina Poor
young, vigorous individuals for Sydnor
preservation.
Intolerant of mechanical injury
Black cherry Prunus serotina Moderate Coder
(poor compartmentalization).
Flatwoods Prunus Intolerant of mechanical injury
Moderate Coder
plum umbellata (poor compartmentalization).
Tolerant of fill soil if limited to
one-quarter of root zone.
However, may decline slowly
Pseudotsuga
Douglas-fir Poor-good following addition of fill. Beck, Dunster
menziesii
Tolerates root pruning. Intolerant
of poor drainage. Susceptible to
bark beetles following injury.
Intolerant of mechanical injury
Hoptree Ptelea trifoliata Moderate Coder
(poor compartmentalization).
Callery pear Pyrus calleryana Moderate Intolerant of root pruning. Fraedrich
Oaks Quercus spp. Moderate Gilbert
Sensitive to addition of fill soil
Quercus Matheny &
Coast live oak Good
around base of trunk. Intolerant of
agrifolia Clark
frequent summer irrigation. Bark
City of Winter Springs
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is sensitive to sunburn following
pruning.
Intolerant of root loss and
White oak Quercus alba Poor Hightshoe
saturated soils.
White oak Quercus aiba Moderate S. Clark
A common survivor of
construction activity. Moderate
Coder,
White oak Quercus alba Good tolerance to fill soil. Response
Sydnor
constrained by soil aeration and
water availability.
Swamp white
Quercus blcolor Good Tolerant of some fill. Day, Sydnor
oak
Quercus Poor-S. Clark,
Scarlet oak Intolerant of construction injury.
coccinea moderate Sydnor
Quercus
Scarlet oak Good Coder
coccinea
Quercus
Durand oak Good Coder
durandii
S. Clark,
Southern red Moderate-Largely intolerant of construction
Quercus falcata Coder,
oak good injury.
Sydnor
Quercus falcata
Cherrybark
var. Good Coder
oak
pagodaefolia
Oregon white Quercus Bell, Matheny
Good
oak garryana & Clark
Quercus
Shingle oak Good Sydnor
imbricaria
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Bluejack oak Quercus incana Good Coder
California Quercus Matheny &
Moderate
black oak kelloggii Clark
Turkey oak Quercus laevis Good Coder
Subject to nutritional problems
when alkaline subbase is used.
Quercus
Laurel oak Moderate Intolerant of extreme variation in Siebenthaler
laurifolia
moisture. Poor
compartmentalization response.
Intolerant of summer irrigation Matheny &
Valley oak Quercus lobata Moderate
and fill soil. Clark
Overcup oak Quercus lyrata Good Coder
Relatively tolerant of root injury,
although may be associated with
Quercus crown dieback. Supplemental Day,
Bur oak Moderate
macrocarpa irrigation required following root Hightshoe
injury. Intermediate tolerance to
saturated soils (prairie areas, U.S.).
Quercus Tolerant of fill and compacted
Bur oak Good Sydnor
macrocarpa soils (eastern U.S.)
Quercus
Blackjack oak Good Coder
marilandica
Swamp Quercus
Good Coder
chestnut oak michauxii
Chinquapin Quercus Coder,
Good Tolerant of site disturbance.
oak muchienbergii Sydnor
Coder,
Water oak Quercus nigra Good Tolerant of saturated soils.
Sydnor
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S. Clark,
Quercus Moderate-Intermediate tolerance of root loss
Pin oak Hightshoe,
palustris good and saturated soils.
Sydnor
Moderate-Response constrained by soil Coder,
Willow oak Quercus phellos
good aeration and water availability. Sydnor
Response constrained by soil
Moderate-aeration and water availability. Coder,
Chestnut oak Quercus prinus
good Tolerant under good growing Sydnor
conditions.
Response constrained by soil
aeration and water availability. Coder,
Northern red Moderate-
Quercus rubra Limited tolerance to microclimate Hightshoe,
oak good
change. Tolerance greatest within Sydnor
native range. Tolerant of root loss.
Quercus Coder,
Shumard oak Good
shumardii Sydnor
Variation may be geographic in S. Clark,
Post oak Quercus stellata Poor-good origin; poor in south, good in Coder,
mideastern U.S. (Ohio). Sydnor
Intolerant of root loss and Hightshoe,
Black oak Quercus velotina Moderate
saturated soils. Sydnor
Black oak Quercus velutina Good Coder
High tolerance for various soil
types as well as trenching,
compaction, and drought. Good Coder,
Quercus
Live oak Good compartmentalization response. Siebenthaler,
virginlana
Limited tolerance to site change. Sydnor
Tolerance greatest within native
range.
Intolerant of mechanical injury
Moderate Coder
Carolina Rhamnus
(poor compartmentalization).
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buckthom caroliniana Response constrained by soil
aeration and water availability.
Catawba Rhododendron Intolerant of mechanical injury
Moderate Coder
rhododendron catawbiense (poor compartmentalization).
Rosebay Rhododendron Intolerant of mechanical injury
Moderate Coder
rhododendron maximum (poor compartmentalization).
Shining Intolerant of mechanical injury
Rhus copallina Moderate Coder
sumac (poor compartmentalization).
Smooth Intolerant of mechanical injury
Rhus glabta Moderate Coder
sumac (poor compartmentalization).
Staghorn Regenerates quickly from root
Rhus typhina Good Sydnor
sumac sprouts following disturbance.
Tolerant of root loss and fill soil.
Robinia Hightshoe,
Black locust Good Intolerant of saturated soils.
pseudoacacla Sydnor
Sensitive to borers when stressed.
Moderately tolerant of root
Day,
Moderate-pruning and fill soil. Show
Willow Salix spp. Fraedrich,
good considerable resistance to
Gilbert
"contractor pressures."
Disturbance may lead to
Weeping Moderate-cankering. Tolerant of some fill. S. Clark,
Salix babylonica
willow good Increased likelihood of windthrow Sydnor
with saturated soils.
Coastal plain
Salix caroliniana Good Coder
willow
Coder.
Tolerant of root loss and saturated
Black willow Salix nigra Good Hightshoe,
soils. Tolerant of some fill.
Sydnor
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Silky willow Salix sericea Good Coder
American Sambucus
Poor Response is site dependent. Coder
elder canadensis
Sassafras Regenerates from root suckers Coder,
Sassafras Good
albidum following disturbance. Sydnor
California Schinus
Moderate Ellis
peppertree molie
Supplemental irrigation required if
Coast Sequoia located out of native range, as well Matheny &
Good
redwood sempervirens as during construction and Clark
following injury.
Glant Sequoiadendron Intolerant of summer irrigation Matheny &
Moderate
redwood giganteum and fill soil. Clark
Sorbus Tolerant of root loss. Intermediate
Mountain ash Moderate Hightshoe
aucuparia in tolerance to saturated soils.
American Stophylea
Good Coder
bladdernut trifolia
Virginia Stewartia
Good Coder
stewartia malacodendron
Mountain
Stewartia ovata Good Coder
stewartia
Intolerant of mechanical injury
American Stytax (poor compartmentalization).
Moderate Coder
snowbell americana Response constrained by soil
aeration and water availability.
Intolerant of mechanical injury
Bigleaf Styrax
Moderate Coder
(poor compartmentalization).
snowbell grandifolia
Response constrained by soil
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aeration and water availability.
Common Symplocos Intolerant of mechanical injury
Good Coder
sweetleaf tinctoria (poor compartmentalization).
Adapts readily to wide range of
soils, wet to dry, sandy to heavy. S. Clark,
Taxodium
Bald-cypress Good Tolerant of alkaline soils. Trunk Coder,
distichum
does not disturb pavement but Slebenthaler
knees may emerge in yards.
Taxodium
Pond cypress distichun var. Good Coder
nutans
Northern Thuja Tolerant of root loss, some fill, Hightshoe,
Good
white cedar occidentalis and saturated soils. Sydnor
Relatively windfirm. Intolerant of
Western red
Thuja plicata Good changes in water table/soil Peepre
cedar
moisture.
Response is very site dependent,
Western red Poor-
Thuja plicata probably related to soil moisture. Beck, Dunster
cedar moderate
Intolerant of fill.
Moderately tolerant of root S. Clark,
Moderate-
Linden Tilia spp. pruning. Considerable resistance Gilbert,
good
to "contractor pressures." Fraedrich
Tolerant of root loss. Intolerant of
Hightshoe,
Basswood Tilia americana Poor saturated soils. Intolerant of site
Sydnor
disturbance and fill.
Carolina
Tilia caroliniana Poor Response is site dependent. Coder
basswood
White Tilia
Poor Response is site dependent. Coder
basswood heterophylla
City of Winter Springs
Ordinance No. 2020-03
Page 67 of 72
Toxicodendron Intolerant of mechanical injury
Poison sumac Moderate Coder
vemix (poor compartmentalization).
Eastern Tsuga Intolerant of fill and saturated Coder,
Poor
hemlock canadensis soils. Sydnor
Prone to windthrow, decay, and
Beck,
Western Tsuga Poor-dwarf mistletoe. Intolerant of
Dunster,
hemlock heterophylia moderate grade change. Poor
Peepre
compartmentalization.
Elm Ulmus spp. Good Tolerant of root pruning. Fraedrich
Winged elm Ulmus alata Good Coder
Tolerant of root loss and site Day,
Ulmus
American elm Good disturbance. Intermediate in Hightshoe,
americana
tolerance to saturated soils. Sydnor
Pest problems associated with
Ulmus
American elm Moderate development impacts Coder
americana
(southeastern U.S.).
Tolerant of fill soil, root pruning,
injury, a wide range of soil
Siberian elm Ulmus pumila Good Day
moisture conditions, and high-
soluble salts.
Tolerant of root loss. Intermediate
Slippery elm Ulmus rubra Good Hightshoe
in tolerance to saturated soils.
Pest problems associated with
Slippery elm Ulmus rubra Moderate development impacts Coder
(southeastern U.S.)
Umbellalaria Matheny &
California bay Moderate Intolerant of fill soil.
californica Clark
Sparkleberry Moderate Response is site dependent. Coder
Vaccinium
City of Winter Springs
Ordinance No. 2020-03
Page 68 of 72
arboreum
Possumhaw Viburnum
Good Coder
viburnum nudum
Walter's Viburnum
Good Coder
viburnum obovatum
Rusty black Viburnum
Good Coder
haw rufidulum
Zanthoxylum Intolerant of mechanical injury
Hercules club Moderate Coder
clava-herculis (poor compartmentalization).
REFERENCES
Beck, M. 1996. Northwest Arborvitae, Woodinville, WA. Personal communication.
Bell, H. 1996. ANEW LEAF, Merlin, OH. Personal communication.
Clark, S. 1996. Steve Clark & Associates, Brentwood, TN. Personal communication.
Coder, K.D. 1996. University of Georgia, Athens. Personal communication.
Cullen, S. 1996. Consulting arborist, Greenwich, CT. Personal communication.
Day, S. 1996. Day & Associates, Littleton, CO. Personal communication.
Ellis, D. 1996. Deborah Ellis, Horticultural Consultant, Saratoga, CA. Personal
communication.
Fraedrich, B. 1995. Solutions of tree and sidewalk conflicts, City Trees, pp. 13-15, May-
June 1995.
Gilbert, O. 1996. Retaining trees on construction sites. Arboricultural Journal. 20:39-45.
Hightshoe, G. 1988. Native Trees, Shrubs and Vines for Urban and Rural America. New
York: Van Nostrand Reinhold. 819 pp.
Peepre, J.S. Undated. Saving Native Trees in the Lower Mainland. Vancouver, BC: J.P.
Peepre & Associates.
Siebenthaler, J. 1996. Clearwater, FL. Personal communication.
Sydnor, T. 1996, Ohio State University, Columbus, OH. Personal communication.
City of Winter Springs
Ordinance No. 2020-03
Page 69 of 72
APPENDIX D TREE PROTECTION AREA SIGNAGE
Tree Protection Area Signage
The sign shall be made of rigid material such as wood, metal or durable plastic. Non-rigid
materials such as paper, cardboard, cellophane or foil are not acceptable. The sign shall be two
(2) feet wide by three (3) feet long.
Section 3. Conforming Code Amendment. The following conforming amendments are
hereby by expressly made to other applicable provisions of the City Code:
City of Winter Springs
Ordinance No. 2020-03
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1. Chapter 20, Zoning, Article VI S.R. 434 Corridor Vision Plan, Table 1
(Recommended Shrub Pallet) and Table 2 (Recommended Tree Pallet) are hereby repealed and
deleted for the City Code in their entirety.
2. Section 11-4. Injuring city owned shade trees is hereby repealed and deleted from
the City Code in its entirety.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. 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. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 6. 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 7. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
\[Adoption page Follows\]
City of Winter Springs
Ordinance No. 2020-03
Page 71 of 72
ADOPTEDby the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 13thday of July,2020.
Charles Lacey, Mayor
ATTEST:
Christian Gowan,Interim City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGSONLY:
_________________________________
Anthony A. Garganese, City Attorney
Legal Ad:
First Reading: May 11, 2020
Second Reading:July 13, 2020
City of Winter Springs
Ordinance No. 2020-03
Page 72of 72