HomeMy WebLinkAboutOrdinance 711 Arbor •
ORDINANCE NO. 711
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA
PROVIDING FOR AMENDMENT OF CHAPTER 5,
"ARBOR", SETTING FORTH THE INTENT AND
PURPOSE OF THE ORDINANCE, DEFINITIONS,
CREATING A FORESTRY OFFICE AND
REGULATIONS AND GREEN PLAN FOR PUBLIC
PROPERTY, AND ENFORCEMENT, PROVIDING FOR
CONFLICTS, SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs,
Florida, has determined it to be in the best interest of the safety,
health, and welfare of the citizens of the City of Winter Springs
to provide for the adoption of arboreal standards, and;
WHEREAS, the City Commission of the City of Winter Springs,
Florida, hereby adopts Ordinance 711, Arbor, which will become
part of Chapter 5, of the Code of Ordinance of the City of
Winter Springs.
NOW THEREFORE be it ordained by the Commission of the
City of Winter Springs, Florida, as follows:
SECTION 1 ADOPTION
The Arbor regulations for the City of Winter Springs shall be:
CHAPTER 5
ARBOR
Sec. 5-1 Intent and purpose: applicability; definitions
(a) Intent and purpose. These arboreal standards of the city declare the tangible
and intangible value of trees and plants to the citizens and the community, in
that they play a vital role in the natural ecosystem of the city, benefiting the
air, water, soil, wildlife and other vegetation of the environment, and in that
greenery as well contributes to the aesthetic aspects of life. Therefore,
precedent to any activity which requires alteration of the natural vegetation on
the land, an application shall be presented to the city for review of the extent
and necessity of removal or destruction of trees. No activity shall proceed
until a permit has been acquired from the appropriate city office, as prescribed
hereinafter in this chapter. All activity undertaken without such permit shall
cease and desist immediately upon issuance of notice by the city.
(b) Scope of applicability. The regulations enacted hereinafter shall apply to all
real property within the city limits. - . • • . • . • . . . . .. . •• .
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(c) Definitions. As used in this chapter, the words and phrases listed below shall
construed according to the meaning specified herein:
(1) Bona fide logging operation: The good-faith operation of the business
of felling trees of merchantable size for lumber, cutting them into
suitable-length logs and hauling such logs to some point for
transportation to and/or manufacture at sawmills and markets.
(2) Buildable area: That portion of a site within the yard area on which a
structure or improvement, including driveways and parking lots may
be erected.
(3) Caliper: Measurement of tree 8" (inches) from soil level at-base.
(4) City forest: The aggregate of all street trees and all park trees.
(5) Crown: The mass of branches, twigs and leaves at the top of a tree,
with particular reference to its shape.
(6) D.B.H.: Diameter at breast height, (approximately 4 V2 feet from
ground at tree base)
(7) Drip line: The vertical line running through the outermost portion of
the tree crown extending to the ground.
(8) Encroachment: The protrusion of a vehicle into a vehicular
accessway, pedestrain-way, or required landscape area.
(9) Green area: Any portion of the site which is planted and maintained
in grass, shrubs and trees or maintained as a natural drainage area
(exclusive of concrete or asphalt or other paving material).
(10) Landscaping: Landscaping shall consist of, but not be limited to,
grass, ground covers, shrubs, vines, hedges, trees, berms, and
complementary structural landscape architectural features, such as
rock, fountains, sculpture, decorative walls and tree wells.
(11) Landscaped dividing strips: Landscaped areas containing ground
cover, shrubs, and trees, or other landscaping used to partition parking
areas into individual parking bays.
(12) Park trees: Trees, shrubs, bushes and all other woody vegetation
in public parks and all open areas owned by the city or to which the
public has free access.
(13) Parking areas: Any area, excluding public right-of-way, used for
the purpose of driving, maneuvering, parking, storing, or display of
motor vehicles, boats, trailers, mobile homes, and recreational
vehicles including new and used automobile lots, other parking lot
uses, and paved outdoor sales areas.
(14) Parking spaces: A parking area used for the temporary storage of
a single vehicle to serve a primary use; groups of spaces and the
abutting accessway are called parking lots.
(15) Shrubs: A self-supporting woody species of plants characterized
by persistent stems and branches springing from the base.
(16) Single-family lot: An area of land developed for and restricted to a
single-family residence.
(17) Specimen trees: Trees of significant size, type, age or historical
value, (to be determined by the city forester)
(18) Street trees: Trees, shrubs, bushes, and all other woody vegetation
on land lying between property lines on either side of all streets,
avenues, or ways within the city.
(19) Tree: Any living, self-supporting perennial plant which has a
trunk diameter of at least three (3) inches measured at caliper D.B.H.
(at the base of the tree) and normally grows to a minimum overall
crown height of fifteen (15) feet.
(20) Trees planted for harvest: All trees which have been planted, or
shall be planted, with the bona fide intention at the time of such
planting to be commercially harvested such trees in the future. Said
trees shall include, by way of illustration , but are
not limited to Christmas trees, slash pines, and pulpwood.
Sec. 5-2 City forestry office.
(a) Establishment of office. There is hereby created within the department of
public—works— community development, the office of city forestry. The
community development director shall head this office and shall appoint one
(1) or more employees of the department to act in the capacity of forester for
Winter Springs.
(b) Scope of authority. The city forester shall be charged with the responsibility
and authority to review and oversee all activities within the city limits which
cause removal of or create danger to any trees.
(c) Responsibilities. The role of the city forester shall be dual:
(1) To preclude removal of trees on private property prior to review and
Approval of development proposals.
(2) To augment the city forest by the planting or approval of planting of
Additional trees on public property.
Sec. 5-3 Regulations applicable to privately held property
(a) Permit to alter natural landscape. Application for a permit to disturb natural
vegetation or alter existing topography shall be submitted prior to the
following activities:
(1) Cutting down, removing, or damaging trees during or after
construction . • -- • , • , . . - • • • • •
limits. - •
(2) Land-clearing, land-removing, or land-filling operations, including
use operation, or propulsion of a bulldozer, payloader, front-end
loader, backhoe, dragline, power shovel, road grader, dump truck,
dredge, fill spreader, or other heavy duty equipment. None of the
preceding activities shall proceed until - -- -: . - : t h e
city forester has reviewed the proposal and issued issuanf a
permit prescribing the extent of operations being approved and the
replacement trees specified.
(b) Scope of review. The permit application may shall be supported by drawings,
Plans or photographs as necessary to depict to the city forester the present
nature of the land, the proposed alteration, and the objectives that may justify
the removal of trees, alteration of the existing topography, and/or the
disruption of the natural vegetation. These submittals shall include all the
following information pertinent to the stage of development under review.
(1) Proposed location of streets, parking areas, utility or drainage
Structures, buildings, and any other physical improvements
anticipated:
(2) Specific location of all specimen trees within these areas to be
Removed along with their botanical earn-men names and current sizes
(3) Proposed grade changes of more than one (1) foot depth outside-of-the
(4) Proposed protective barriers to preclude damage to uninvolved trees.
from time to time)
(5) A tree survey of all trees over 6 inches caliper.
(c) Permit to be specific as to stage of development. The city forester shall
Review the above-prescribed submittals and act upon the request under the
fallowing—authority—either independently or as and agent of a staff-wide
review, depending on the development stage of a project:
(1) Predevelopment stage. The city forester may review and issue permits
for land alteration incident to surveying, soils investigations, and
preparation of initial development plans.
(2) Preliminary plan/preliminary engineering. The forester shall act as an
Advisor to the city staff in reviewing of preliminary
development/engineering plans to—and recommending the extent of
land clearing to be authorized • • . .. . , - , . . The city
forester shall subsequently issue a permit prescribing the alteration of
preliminary development/engineering plans.
(3) Final engineering stage. The city forester shall consider requests for
additional tree removal coincident with final engineering plan review
only when a developer shall show that unexpected or unanticipated
factors preclude any reasonable alternative solution than destruction of
further—additional trees. The city commission must sanction these
requests along with final engineering approval before the city forester
may issue an additional further permit for additional tree removal
from-the-subject-land.
(4) Site plan. The city forester shall act as a advisor to the site plan
review board during its review of plans : •. . .
expansion of alteration of commercial or multi-family site
development proposals for either of a site. A permit which specifies
exactly which specimens or stands of trees may be removed to
develop a site must be acquired before any modification of a site may
take place.
(d) General criteria for issuance of permits to remove trees. Trees may be
authorized for to be removal only if they fit into one (1) of the following
categories: • - . • •- . . . -- . - • . • . • . .
(1) Trees located on building and construction sites as shown on approved
plans and to be replaced elsewhere on the property
(2) Trees within ten (10) feet of a proposed or existing structure or other
improvements . . • • - -. •. •;
(3) Trees severely diseased or injured,
(4) Trees which will interfere with provision of aboveground utility
installations;
(5) Trees which have been approved by the forester to be replaced
elsewhere on the property : •• . .• . - • : • . . • • . -1,
by city forester.
(e) Public removal of trees on private property. Only under the following
circumstances may city employees prune or remove trees growing on private
property:
(1) Any dead or damaged or diseased tree which constitutes a hazard to
life and property : :. -- • - - shall be removed by the
property owner upon justification and notification by the city forester.
The property owner must have the tree removed within fifteen (15)
days or show just cause why it has not been removed. If no action is
taken within fifteen (15) days of notice, city employees may remove
such trees and bill the property owner. Unpaid bills any shall become
a lien upon the property.
(2) Tree limbs and shrubs overhanging public rights-of-way so that if
such branches obstruct the light from any streetlight or so that such
branches obstruct the view of any street intersection and create
creating a hazard to vehicular or pedestrian traffic. (All limbs will be
removed following standard arboricultural standards.)
Sec. 5-4 Official green plan for public property
(a) Initial plan. The city forester under the guidance of the director of pub-lie
works, community development, shall develop an official Winter Springs
Green Plan which provides to the city commission the following information:
(1) Documentation on the current nature of the city forester consisting of
parks, rights-of-way, easements and public facilities;
(2) Proposals for the care, preservation, replacement, and new planting of
new trees and plants on city land;
(3) Projected budgetary data for at least the subsequent five (5) years.
(b) Annual report. Each year the city forester shall submit to the city manager
through the community development director a written report on the progress
toward implementation of the green plan, including suggestions for additions
and revisions to the plan. When ratified by the city commission, these
modifications shall become incorporated into the official plan.
(c) Interim reports. Whenever requested by the city manager, the city forester
shall investigate or analyze a site or concern and file a report en-of findings on
the matter.
(d) Implementation of city green plan. The city forester shall cause the official
green plan to be implemented to adhere to the following guidelines:
(1) Street tree species to be planted.
' No-species other tha
• - • • • • - •• - • No street trees shall be planted as street•
trees without written permission of the city forester. Upon
Small Trees Medium Trees Large Trees
Dahoon Holly Dogwood Bald Cypress
Hop Hoenbeam Cabbage Palm Winged Elm
Jerusalem Thorn Redbud Hackberry
Chickasaw Plum Golden Rain Tree Red Maple
Pindo Palm American Holly Laurel Oak
Cherry Laurel Bay Loblolly Live Oak
Wax Myrtle Pumpkin Ash Washington Palm
E. Palatka Holly Sycamore
Green Ash Sweetgum
Red Cedar Date Palm
Drake Elm Magnolia
(2) Spacing. Trees shall be spaced . - . .• . _
trees, thirty (30) feet; medium trees, forty (10) feet; and large trees,
fifty-(--50--)-feet. the optimum distance for each species.
(3) Distance from curb and sidewalk. - - ••'-'•• -• •' . • -
Trees and shrubs shall be planted so as to allow proper visibility and
to avoid root damage to curbs and sidewalks.
(4) Distance from street corners and fireplugs. No street tree shall be
planted nearer closer than twenty (20) feet to any street corner,
measured from the point of the nearest intersecting curb or curbline.
No street tree shall be planted within ten (10) feet of any fireplug.
(5) Proximity of street trees to utilities. No street trees ether-than-these
- •- - _ : • . -• shall be planted under or within ten (10)
lateral linear feet of any overhead utility wire, or within five (5) lateral
linear feet of any underground water line, sewer line, transmission line
or other utility installation. No All trees shall be planted in the city
rights-of-way without the written approval of the city forester.
(e) Maintenance of city trees
(1) Tree topping. It shall be unlawful as a normal practice for any person,
• - .. •• - • - • - . -- to top any street tree, park tree or other
tree on public or private property without a permit from the city
forester. Topping is defined as the severe cutting back of limbs within
the tree's crown to prevent normal growth to such a degree so as to
remove the normal canopy and disfigure the tree.
(2) Damaged trees. Trees damaged by natural causes and trees under
utility wires or other obstructions where other pruning practices are
impractical may be topped with approval of the city forester.
(1) Interference with city forester. It shall be unlawful for any person to prevent,
delay, or interfere with the city forester or any designated agents while
engaging in and about the planting, cultivating, mulching, pruning, spraying,
or removing of any street tree or park tree.
Sec. 5-5 Enforcement
_ , , . -
fine shall be in addition to the replacement requirements set forth in
(a) Assessment. Failure to comply with the reforestations standards may result in
charges being brought against the individual or company violating the
arboreal provisions and requiring a hearing before the Code Enforcement
Board which has the power to levy fines up to $250.00 a day per violation, as
set forth in Sec. 2-60 of the Winter Springs City Code of Ordinances. The
City of Winter Springs may seek injunctive or other legal relief as offered by
law.
(b) Reforestation. Any person violating any of the arboreal provision set forth
herein shall be required to appear before the city commission city forester
which shall be empowered to specify the number and types and sizes of trees
to be planted by the individual to compensate the public for the loss of
existing trees. The guidelines in subsection (c) below shall apply to the
reforestation of land illegally cleared:
(c) Reforestation point standards:
(1) Minimum points required per acre. The minimum number of tree
points required in each zoning category per acre of land (excluding
areas dedicated for rights-of-way)
a. Residential (including residential PUD) —
Twenty-five (25) points per acre.
b. Neighborhood commercial districts (including commercial
PUD) —Twenty (20) points per acre.
c. General commercial and industrial districts (including
industrial PUD) —Fifteen (15) points per acre.
(2) Tree point standards:
a. Specimen tree (as designated by city forester) 5
b. Large tree(40 feet high or 35 foot crown) 5
c. Medium tree (18 feet high or 12 foot crown) 2
d. Small/nonjuvenile tree(8 feet high and 2 inch caliper) 1
e. Small/juvenile (8 feet high and 2 inch caliper) 0.75
f. Native shrubs material 0 1 *Plus five
tenths (0.5) point for each five (5) feet of additional height after
twenty (20) feet.
(3) . ' - .. . . Bonus points. This bonus is Bonuses may be
awarded for native species in addition to the tree points listed above:
a. Specimen tree N/A
b. Large tree 1.0
c. Medium tree 0.5
d. Small/nonjuvenile tree 0.25
e. Small/juvenile tree 0.1
(4) Minimum number of small, medium, and large trees. A minimum of
fifteen (15) percent of all the number of trees counted toward these
tree point standards must come from each of the three (3) size
categories of small, medium, and large. To determine the number of
trees which will be needed to meet this fifteen (15) percent
requirement, the following rules of thumb may be used:
a. Determine the total points on the site a follows:
T= number of acres x points required per acre
b. Determine the minimum number of medium or large trees
needed for the fifteen percent requirement as follows:
Minimum number = T x 9 percent
c. To minimum the number of new small trees to be planted
retain the following number of medium and large trees:
Medium + large number Total = T x 30 percent
(5) All plant material must be properly planted and protected from
construction damage to be eligible for tree points.
SECTION II CONFLICTS
Should any conflict arise between the provisions of this Code and other
regulations of the City of Winter Springs, the provisions of this Code
shall apply as to arbor regulations.
SECTION III SEVERABILITY
If any provision or portion of this Ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable,
then all remaining provisions and portions of this Ordinance shall remain
in full force and effect.
SECTION IV EFFECTIVE DATE
This Ordinance shall immediately take effect upo a. a io as .rovided
by law. 1 1 % .
t , irki,
Paul P. Partyka, i yor
City of Winter Springs
ATTEST:
_.,() CLCF—LH-X----------_-,
ndrea Loren -Luaces, Interim, City Clerk
City of Winter Springs
First reading December 14, 1998
December 15, 1998
Posted
March 22, 1999
Second Reading and Public Hearing