HomeMy WebLinkAbout2025 08 25 Regular 500 - Discussion on Use of Arbor Fund RevenuesREGULAR AGENDA ITEM 500
CITY COMMISSION AGENDA | AUGUST 25, 2025 REGULAR MEETING
TITLE
Discussion on Use of Arbor Fund Revenues
SUMMARY
This item was requested by Commissioner Victoria Bruce for inclusion on the agenda.
A "tree bank" was established by ordinance in 2002 and per the City Code Section 5-9
(5) (a), "Monies collected in the tree bank shall be used for enhancement and
maintenance of trees on public lands." Commissioner Bruce has asked to consider
changing the allowable use for these funds.
Any amendment to the requirement set forth in Section 5-5 will require the City
Commission to approve by ordinance.
FUNDING SOURCE
RECOMMENDATION
Staff is recommending the City Commission provide direction on this matter.
488
PART II - CODE OF ORDINANCES
Chapter 5 TREE PROTECTION AND PRESERVATION
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:15 [EST]
(Supp. No. 32)
Page 1 of 31
Chapter 5 TREE PROTECTION AND PRESERVATION1
[THIS PAGE INTENTIONALLY LEFT BLANK]
Sec. 5-1. Applicability.
This chapter shall be applicable to all land lying in the incorporated area of the city 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.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03; Ord. No. 2020-03, § 2, 7-13-20)
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, 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, this chapter is intended to encourage the protection of the maximum
number 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.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, §
2, 7-13-20)
Sec. 5-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated unless the context clearly
indicates otherwise:
Caliper. Measurement of tree twelve (12) inches from soil level.
1Editor's note(s)—Ord. No. 2002-08, §§ 1, 2, adopted April 8, 2002, amended former Ch. 5, Arbor, §§ 5-1—5-5, in
its entirety to read as herein set out. Former Ch. 5 derived from Ord. No. 711, § I, 3-22-99; Ord. No. 726, §§
1—4, 6-28-99; Ord. No. 734, § 1, 9-27-99.
Cross reference(s)—Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.;
beautification board, § 2-76 et seq.; buildings and building regulations, Ch. 6; flood damage prevention, Ch.
8; land development, Ch. 9; motor vehicles and traffic, Ch. 12; nuisances, Ch. 13; planning, Ch. 15; signs and
advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20.
489
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 2 of 31
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 thirty
(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 cypress, Chinese elm, Florida elm, live oak, pignut hickory, red maple, sand live oak,
southern magnolia, sweetbay, sweetgum, sycamore, water oak and winged elm.
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.
City forest. The aggregate of all city trees which are planted in public places authorized and required to be
managed by the city.
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 (1) 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 twenty (20) percent or greater of the circumference of the trunk, or
the removal of sufficient canopy to cause the unnatural decline of the tree.
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.
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.
Dripline. The vertical line running through the outermost portion of the tree crown extending to the ground.
Encroachment. The protrusion into a vehicular access way, pedestrian-way, or required landscape area.
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.
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.
Land clearing (grubbing). 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.
Person. Any individual, firm, corporation, partnership, joint venture association, principal, trustee, municipal
corporation, political subdivision, or special district, or any agent or representative thereof.
490
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 3 of 31
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.
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.
Protective barrier. Shall be a polygon of two (2) inch by four (4) inch wide stakes spaced a maximum of eight
(8) feet from each other at the perimeter of the tree protection zone and which extend out of the ground at least
thirty-six (36) inches, with the top four (4) inches marked by 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.
Replacement trees. Replacement trees shall at a minimum comply with the provisions of subsection 5-9.
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.
Silviculture. A process, following acceptable forest management principles, whereby the crops constituting
forests are tended, harvested and reproduced.
Specimen tree. A canopy tree, other than 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.
Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots.
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.
Transplant. The act of relocating an existing tree upon the same lot or such other appropriate location
approved by the city.
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.
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.
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.
Tree replacement assessment. Tree replacement assessment shall mean the total amount of monetary
compensation owed to the city may be required by this chapter for the replacement of trees cut, destroyed, or
removed as a result of development or redevelopment.
Tree replacement credit. The tree replacement credit shall be established by the city commission and set
forth in appendix B: desirable trees.
Tree trunk. The main stem of a tree apart from limbs and roots.
Undesirable trees. All types of trees identified as "undesirable trees" in appendix A of this chapter as
amended from time to time by the city manager in writing.
491
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 4 of 31
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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-
20)
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 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 subsection 5-4(e) and shall obtain the permit required 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. 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 any one
(1) 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.
(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 (1) tree located on an existing single-family home lot within a ten-year period pursuant to
subsection 5-9(e).
(11) Trees that unreasonably interfere with a property owner's established riparian or littoral rights or
substantially interfere with and obstruct a substantial portion of a property owner's visibility to a
492
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 5 of 31
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. To help guide the city in making decisions under this chapter, including identifying which
trees listed under subsection 5-4(b) may be removed, the city shall 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:
(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, 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 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.
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.
493
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 6 of 31
(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 state 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.
(16) Whenever a tree condition or risk assessment is required under this chapter, such assessment shall be
performed on-site in accordance with the tree risk assessment procedures outlined in Best
Management Practices—Tree Risk Assessment, Second Edition (2017) by an arborist certified by the
International Society of Arboriculture or a Florida licensed landscape architect and signed by the
certified arborist or licensed landscape architect.
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 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 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 subsection 5-4(a) of this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2006-23, § 4, 12-11-06; Ord. No. 2010-04, § 2, 3-8-
10; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2016-03, § 2, 7-25-16; Ord. No. 2020-03, § 2, 7-13-20; Ord. No. 2022-
10, § 2, 9-12-22)
494
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 7 of 31
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:
(1) Removal of trees on residential property which pose an unacceptable risk to persons or property in
accordance with F.S. § 163.045, for which no replacement trees will be required. Property owners
removing trees pursuant to F.S. § 163.045 shall possess documentation from an arborist certified by
the International Society of Arboriculture or a Florida-licensed landscape architect prior to removal of
the tree. For purposes of this section, "documentation" shall mean an on-site assessment performed in
accordance with the tree risk assessment procedures outlined in Best Management Practices—Tree
Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of
Arboriculture or a Florida licensed landscape architect and signed by the certified arborist or licensed
landscape architect. The documentation must demonstrate that the tree poses an unacceptable risk to
persons or property and that removal is the only means of practically mitigating its risk below
moderate, as determined by the tree risk assessment procedures outlined in Best Management
Practices ? Tree Risk Assessment, Second Edition (2017). Further, for purposes of this section, a
"residential property" shall mean a single-family, detached building located on a lot that is actively
used for single-family residential purposes and that is either a conforming use or a legally recognized
nonconforming use in accordance with the city's applicable land development regulations. The term
"residential property" for purposes of this subsection does not include any property not meeting the
aforementioned definition including, but not limited to, 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) on the city's official 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.
(2) 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 state statutes and
Electric Tariff Rules including the preemption under F.S. § 163.3209.
(Ord. No. 2020-03, § 2, 7-13-20; Ord. No. 2022-10, § 2, 9-12-22)
Sec. 5-5. City arbor division.
(a) Establishment of office. The city manager shall appoint one (1) or more employees to act in the capacity of
arborist for the city.
(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.
495
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 8 of 31
(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
(2) 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 subsection 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 to 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.
(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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2015-22, § 5, 10-
26-15; Ord. No. 2020-03, § 2, 7-13-20)
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.
496
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 9 of 31
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 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.
497
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 10 of 31
(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 subsection 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 the subject land, limited only to the removal of one (1) 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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-
20)
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.
(2003-22, § 2, 10-13-03)
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, 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 (1) of the following
ways:
(1) A 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 property owner shall submit an expert
evaluation by a landscape architect, horticulturalist, city forester, or other horticultural expert as part
of the application.
498
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 11 of 31
(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, 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.
(5) 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 commission pursuant to subsection 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 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
499
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 12 of 31
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 subsection 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 sixteen (16) inches up to twenty-four (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
(1) or more designated historic tree(s):
(1) Each historic tree will be placed on the city's register of historic trees which will contain any historical
information about the tree, property owner(s) and its designation. A 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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2012-12, § 2, 9-10-
12; Ord. No. 2016-03, § 3, 7-25-16; Ord. No. 2020-03, § 2, 7-13-20)
500
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 13 of 31
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, 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
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.
(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 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.
501
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 14 of 31
b. For each tree located within a public conservation area dedicated to the city or located within
land(s) to be conveyed to the city as part of a development project, up to eight (8) replacement
tree credits may be applied to the total number of trees required to be replaced by this chapter
as an incentive to protect and preserve natural lands and the public tree canopy. The applicable
tree replacement credits shall be determined in accordance with the table included in subsection
(e) herein. However, the minimum tree requirement set forth in section 5-13 shall still apply.
Such public conservation area or conveyed land(s) 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 or conveyed area
shall also be applied to the replacement requirement on a two-for-one basis as an incentive to
protect and preserve natural lands and the public tree canopy.
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 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.
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 existing conservation
areas, as follows:
DBH of Preserved Tree Reduction in Replacement Trees
4" up to but not
including 9"
1 credit
9" up to but not
including 12"
2 credits
12" up to but not
including 16"
3 credits
16" up to but not
including 24"
4 credits
24" and above, Non-
Specimen tree
6 credits
Specimen and historic
trees
0 credits, unless otherwise agreed by the city for extraordinary efforts and
commitments made to preserve a specimen or historic tree up to a maximum of 8
credits per tree
f. Trees planted under a power line shall not exceed a mature height of twenty-five (25) feet unless
otherwise prohibited by the electric utility or law.
g. 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.
h. All landscape plans shall be prepared by a landscape architect licensed by the state, unless the
city determines the proposed landscaping or tree removal has a de minimis impact on the
property.
502
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 15 of 31
(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.
(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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2010-04, § 2, 3-8-10; Ord. No. 2011-16, § 2, 2-27-
12; Ord. No. 2020-03, § 2, 7-13-20; Ord. No. 2022-10, § 2, 9-12-22)
TABLE 1. TREE REPLACEMENT STANDARDS
DBH of
Protected
Tree
Number of
Replacement
Canopy Trees
Required for Each
Tree Removed
Number of
Replacement Small
Trees or Palms
Required for Each
Tree Removed
Desirable
Plant
Contribution to
Tree Bank*
4' up to but
not
including
9"
1 or 1 or Desirable
plant(s)
w/credits
or $300.00
9" up to
but not
including
12"
2 or 2 or Desirable
plant(s)
w/credits
or $600.00
12" up to
but not
including
16"
3 Not allowed or Desirable
plant(s)
w/credits
or $900.00
503
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 16 of 31
16" up to
but not
including
24"
4 Not allowed or Desirable
plant(s)
w/credits
or $1,200.00
>24" or
greater,
Non-
Specimen
6 Not allowed or Desirable
plant(s)
w/credits
or $1,500.00
>24" or
greater,
Specimen
See section 5-8 Not allowed See
section 5-8
See section 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.
(Ord. No. 2016-03, § 4, 7-25-16; Ord. No. 2020-03, § 2, 7-13-20; Ord. No. 2022-10, § 2, 9-12-22)
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 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.
(e) City trees. It shall be unlawful to trim, prune, or remove any city tree without the permission of the city
evidenced by the appropriate permit.
(f) Attachments. 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
504
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 17 of 31
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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-
20)
Sec. 5-11. City trees; care and maintenance.
(a) The city manager in consultation with the city's 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 city's 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 subsection 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.
(Ord. No. 2020-03, § 2, 7-13-20)
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. Permits issued under this chapter shall expire and become null and void if work authorized
by such permit is not commenced within one hundred eighty (180) days from the date of the permit, or if
work is commenced and suspended or abandoned at any time for a period of one hundred eighty (180) days.
505
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 18 of 31
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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2020-03, § 2, 7-13-20)
Sec. 5-13. Minimum tree requirement.
No certificate of occupancy shall be issued on the types of construction indicated below unless the
underlying parcel has at least the required minimum number of approved trees:
(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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
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 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 one hundred-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
506
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 19 of 31
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.
(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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-
20)
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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
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. Appeals of an administrative interpretation of this chapter by the city arborist may 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 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 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.
507
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 20 of 31
(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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-
20)
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) 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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-
20)
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 (1) or more of the following civil fines shall apply to violations of this chapter:
(1) Failure to obtain a permit under subsection 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.
508
Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 21 of 31
(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 subsection 5-4(e): Fine of two hundred fifty dollars
($250.00) (first offense); five hundred dollars ($500.00) (second and each subsequent offense). In
addition, if a contractor continues to engage in work without a contractor's license under this chapter
in violation of a written cease and desist issued by the city, the penalty for failure to obtain a
contractor's license under this subsection shall be increased two hundred fifty dollars ($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.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2015-22, § 6, 10-26-15; Ord. No. 2020-03, § 2, 7-
13-20)
Sec. 5-19. Authorization to adopt rules and regulations and fees for implementation.
The city commission is hereby authorized to adopt, by resolution, such rules and regulations and fees as are
necessary or proper to implement this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03)
APPENDIX A
UNDESIRABLE TREES
Common Name Botanical Name
Mimosa, silk tree Albizia julibrissin
Woman's tongue Albizia lebbeck
Orchid tree Bauhinia variegata
509
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX A UNDESIRABLE TREES
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 22 of 31
Bischofia Bischofia javanica
Carrotwood Cupaniopsis anacardioides
Australian pine Casuarina litorea (=C. 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
Guava Psidium Montana (=P. littorale)
Downy rose-myrtle Rhodomyrtus tomentosa
Popcom tree, Chinese tallow tree Sapium sebiferum
Schefflera, Queensland umbrella tree Schefflere actinophylla (=Brassaia
actinophylla)
Brazilian pepper, Florida holly Schinus terebinthefolius
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
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03)
APPENDIX B
DESIRABLE TREES
Common Name Botanical Name Replacement Plant
and Tree
Size/Minimum
Height
Replacement
Credits
Notes
Canopy Trees
Bald cypress Taxodium distichum 25 gal.; 10' min. hgt. 2:1 30—70' mature
height, deciduous,
bronze fall color,
510
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX B DESIRABLE TREES
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 23 of 31
chartreuse spring
color
Bald cypress Taxodium distichum 65 gal.; 14' min. hgt. 3:1
Chinese elm (Drake) Ulmus parviflora 30 gal.; 10' min. hgt. 1:1 Medium tree,
evergreen,
attractive bark, fine
texture
Florida elm Ulmus americana
floridana
30 gal.; 7' min. hgt. 3:1 60—70' mature
height, deciduous,
long living shade
tree
Live oak Quercus virginiana 30 gal.; 10' min. hgt. 2:1 100—150' mature
height, majestic
spread, evergreen,
long-lived
Live oak Quercus virginiana 65 gal.; 12' min. hgt. 4:1
Live oak Quercus virginiana FG; 4.5" min. caliper 5:1
Longleaf pine Pinus palustris 30 gal.; 9' min. hgt. 3:1 80—125' mature
height, high
branching
Pignut hickory Carya glabra 30 gal.; 9' min. hgt. 2:1 40—80' mature
height, kernel inside
nut is edible, shade
tolerant
Red maple Acer rubrum 30 gal.; 10' min. hgt. 2:1 50—120' mature
height, red spring
flowers, orange-red
fall color
Red maple Acer rubrum 65 gal.; 12' min.
hgt.; 3" caliper
4:1
Red maple Acer rubrum FG; 4" caliper 4:1
Sand live oak Quercus geminata FG; 3" min. caliper 5:1 Small to medium
sized tree, dark
green leaves,
asymmetric form
Slash pine Pinus elliottii 30 gal.; 9' min. hgt. 3:1 80—125' mature
height, high
branching
Southern magnolia Magnolia
grandiflora
30 gal.; 8' min. hgt. 3:1 60' mature height,
large glossy leaves,
showy white
flowers
Southern magnolia Magnolia
grandiflora
65 gal.; 10' min. hgt. 4:1
Southern magnolia Magnolia
grandiflora
FG; 12' min. hgt.;
2.5" cal
5:1
511
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX B DESIRABLE TREES
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 24 of 31
Sugarberry,
hackberry
Celtis laevigata 30 gal.; 8' min. hgt. 2:1 60—80' mature
height, fruit attracts
birds, large graceful
form, prefers moist
soils, soft wood
Sweetbay Magnolia virginiana FG; 10' min. hgt. 3:1 60' mature height,
creamy white
flowers, seed cone
with bright red
seeds, evergreen
leaves with whitish
undersides, prefers
wet soils
Sweetgum Liquidambar
styraciflua
30 gal.; 10' min. hgt. 3:1 60—120' mature
height, yellow fall
color, deciduous,
seeds in spiny bals
Sycamore Platanus
occidentalis
30 gal.; 10' min. hgt. 3:1 80—100' mature
height, varicolor
bark, golden fall
color, deciduous
Water oak Quercus nigra 30 gal.; 10' min. hgt. 2:1 95' mature height;
dull, bluish green
foliage; shade tree
Winged elm Ulmus alata 30 gal.; 10' min. hgt. 3:1 50—80 feet mature
height, corky
winged bark; rusty
fall color
Understory Trees
Camelia Camelia spp. FG; 8' min height 2:1 Showy spring
flowers
Carolina willow Salix caroliniana 15 gal.; 6' min. hgt. 20—30' mature
height, good for
erosion control, soft
green foliage, black
ridged bark, prefers
moist to wet soils
Chapman oak Quercus chapmanii 15 gal.; 4' min. hgt. Small tree,
evergreen, prefers
well-drained soils
Chickasaw plum Prunus angustifolia 30 gal.; 6' min. hgt. 3:1 Small spreading
trees, armed, white
flowers before
leaves emerging in
spring
Crape myrtle Lagerstroemia 30 gal.; 8' min. hgt.;
standard
1:1 Showy flowers,
evergreen
512
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX B DESIRABLE TREES
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 25 of 31
Devils-walking-stick Aralia spinosa 15 gal.; 5' min. hgt. 15-20' mature
height, umbrella-
like crown, large
white flower
clusters, spines,
spreads freely
Florida anise tree Illicium floridanum 15 gal.; 40" min.
hgt.
20' mature height,
maroon-red flowers
prefers moist soils,
compact and dense
form
Flowering dogwood Comus florida FG; 3.5" min. caliper 3:1 20—30' mature
height, showy white
spring bracts, red
autumn color
Fringe tree Chionanthus
virginicus
30 gal.; 6' min. hgt. 20—30' mature
height, upright
branches forming
dome shape, white
delicate flower
golden fall color
Hercules-club,
pricklyash
Zanthoxylum clava-
herculis
15 gal.; 5' min. hgt. Small armed tree,
deciduous
Japanese privet Ligustrum
japonicum
30 gal.; 6' min. hgt. 2:1 15' mature height,
evergreen, upright
spreading form
Little Gem magnolia Magnolia
grandiflora "Little
Gem"
30 gal.; 7' min. hgt. 3:1 20—25' mature
height, showy white
fowers dark green
glossy leaves
Little Gem magnolia Magnolia
grandiflora "Little
Gem"
65 gal.; 10' min. hgt. 4:1
Loquat Eriobotrya japonica 30 gal.; 8' min. hgt. 2:1 Medium tree,
evergreen, dark
gree foliage, dark
yellow fruits, fruits
edible
Musclewood,
American
hornbeam
Carpinus caroliniana 15 gal.; 6' min. hgt. 2:1 Small tree,
deciduous, prefers
moist to
occassionaly wet
soil prefers shade to
partial shade,
trunks "muscle-like"
513
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX B DESIRABLE TREES
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 26 of 31
Myrtle oak Quercus myrtifolia 15 gal.; 5' min. hgt. 2:1 Small, scrubby trees
evergreen, prefers
drier soils
Podocarpus, Nagi Podocarous nagi 15 gal.; 6' min. hgt. 40' mature height,
strongly upright,
symmetrical
branching,
evergreen, dark
green foliage
Podocarpus, Yew Podocarpus
macrophyllus
15 gal.; 6' min. hgt. 50' mature height,
evergreen,
compact, foliated to
ground, dark green
foliage
Red mulberry Morus rubra 15 gal.; 6' min. hgt. Small tree, large
leaves, edible fruits,
attracts birds
Redbud Cercis canadensis
var. canadensis
15 gal.; 6' min. hgt. 2:1 20—35' mature
height, rosy purple
spring flowers,
deciduous, high
branching, sensitive
to auto pollutants
Redbud Cercis canadensis
var. canadensis
30 gal.; 8' min. hgt. 3:1
Rusty lyonia,
staggerbush
Lyonia ferruginea 15 gal.; 6' min. hgt. 20—25' mature
height, rusty
colored new
growth, evergreen,
crooked and
asymmetric form
Silverthorn Elaegnus pungens 15 gal.; 6' min. hgt. 20' mature height;
sprawling, weeping
form; leaves with
silvery undersides
Southern red cedar Juniperus silicicoia 30 gal.; 7' min. hgt. 3:1 25' mature height,
evergreen with
reddish-brown
bark, prefers
neutral soils
symmetrical when
young, often
asymmetric and
windswept with age
Sparkleberry Vaccinium
arboreum
15 gal.; 5' min. hgt. 20—30' mature
height, red fall
color, deciduous
514
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX B DESIRABLE TREES
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 27 of 31
Sweet/Tea Olive Osmanthus fragrans 15 gal.; 5' min. hgt. 1:1 20' mature height,
evergreen, open,
foliage restricted to
branch tips
Tabebuia Tabebuia spp. 30 gal.; 10' min. hgt. 1:1 Height variable, not
strongly frost hardy
Titi Cyrilla racemiflora 15 gal.; 5' min. hgt. 15—30' mature
height, prefers acid
to very acid soils,
prefers moist to
wet soils, wide
spreading branches,
white racemes of
flowers in early
summer
Tortulosa juniper Juniperus chinensis
"Tortulosa"
25 gal.; 7' min. hgt. 1:1
Tough bumelia Bumelia tenax 15 gal.; 5' min. hgt. Small tree, coppery
leaf undersides,
scrubby form
Turkey oak Quercus laevis 15 gal.; 5' min. hgt. 20—30' mature
height, copper fall
color; deeply lobed
leaves, prefers
sandy, well-drained
soils
Walter's viburnum Vibumum
obovatum
25 gal.; 7' min. hgt.;
standard
2:1 12—20' mature
height, white spring
flower clusters,
prefers moist to
wet soils
Weeping willow Salix babylonica 30 gal.; 10' min. hgt. 1:1 15—25' mature
height, draping
linear leaves
Wild olive Osmanthus
americanus
15 gal.; 5' min. hgt. 15—25' mature
height, olive-green
foliage, beautiful
shape in light shade
to sun
Palms
Cabbage palm Sabal palmetto 15' min. hgt.; clear
trunk
2:1 50—80' mature
height, long lived
Cabbage palm Sabal palmetto 18' min. hgt.; clear
trunk
3:1
Canary Island date
palm
Phoenix canariensis 30 gal.; 7' min. hgt. 1:1 60' mature height,
diamond patterned
515
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX B DESIRABLE TREES
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:14 [EST]
(Supp. No. 32)
Page 28 of 31
trunk, evergreen,
feather-like fronds
Date palm Phoenix dactylifera FG; 10' min. hgt.;
clear trunk
1:1 80' mature height,
pinnate leaves to
10' long, grey-green
color
European fan palm Chamaerops
humilis
15 gal.; 3' min. hgt.;
multiple
1:1 15' mature height,
palmate fronds,
gray-green color
Needle palm Rhapidophyllum
hystrix
25 gal.; 4' min. hgt.;
triple
5:1 3-8' mature height,
prefers moist soil,
evergreen, palmate
fronds, declining
native species
Pindo palm Butia capitata 25 gal.; 6' min. hgt. 1:1 20' mature height,
pinnate fronds fine
texture, blue-green
color
Pygmy date palm Phoenix roebelenij 25 gal.; 5' min. hgt.;
triple
1:1 8' mature height
Washington palm Washingtonia
robusta
25 gal.; 7' min. hgt. 1:1 60' mature height,
palmate leaves,
rapid growth,
develops "shag" of
hanging dead
fronds, good as
avenue tree
Washington palm Washingtonia
robusta
65 gal.; 10' min. hgt. 1:1
Windmill Palm Trachycarpus
fortunei
25 gal.; 5' min. hgt. 1:1 20' mature height,
palmate fronds,
gray-green color
min. hgt. = minimum height
min. caliper = minimum caliper
gal. = gallon
FG = field grown
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03; Ord. No. 2020-03, § 2, 7-13-20)
516
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX C: APPROVED STREETSCAPE CANOPY TREE TYPES FOR STREETSCAPES ALONG S.R. 434 AND TUSKAWILLA
ROAD
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:15 [EST]
(Supp. No. 32)
Page 29 of 31
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 Sempervirons
"Drake"
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
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.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2020-03, § 2, 7-13-20)
517
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX D TREE PROTECTION AREA SIGNAGE
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:15 [EST]
(Supp. No. 32)
Page 30 of 31
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.
518
PART II - CODE OF ORDINANCES
Chapter 5 - TREE PROTECTION AND PRESERVATION
APPENDIX D TREE PROTECTION AREA SIGNAGE
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:28:15 [EST]
(Supp. No. 32)
Page 31 of 31
[THIS PAGE INTENTIONALLY LEFT BLANK]
519