HomeMy WebLinkAboutOrdinance 726 Arbor Regulations
ORDINANCE NO. 726
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 5 ENTITLED "ARBOR" REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS,
BY AMENDING SECTION 5-1 "INTENT AND PURPOSE;
APPLICABILITY; DEFINITIONS" BY CHANGING SUBSECTION 5-
l(c)(19) THE DEFINITION OF "TREE"; BY AMENDING SECTION 5-3
"REGULATIONS APPLICABLE TO PRIVATELY HELD PROPERTY"
BY ADDING A NEW SECTION 5-3(b)(5) RELATING TO TREE
SURVEYS; BY FURTHER AMENDING SAID SECTION 5-3 AT
SUBSECTION 5-3(d) INCLUDING ADDING A NEW SUBSECTION
RELATING TO GENERAL CRITERIA FOR TREE REMOVAL
PERMITS; AMENDING SECTION 5-4 "OFFICIAL GREEN PLAN FOR
PUBLIC PROPERTY" BY ADDING A NEW SUBSECTION 5-3(e)(3)
DEALING WITH "TREE SCULPTURING"; PROVIDNG FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs is committed to preserving and enhancing green
areas of the city and by assuring the preservation of existing trees on public and private property
and taking steps to require maintenance of existing and installation of new trees in the City; and,
WHEREAS, the current arbor regulations of the City require amendment in order to
foster the objectives of preserving existing and assuring additional trees when trees are permitted
to be removed.
NOW THEREFORE, be it ordained by the City of Winter Springs, Florida, as
follows:
1. Section 5-1 entitled "Intent and purpose; applicability; definitions" is amended
by changing the definition of "Tree" at subsection 5-1(c)(19) with said new subsection to read as
follows:
Sec. 5-1. Intent and purpose; applicability; definitions.
(c) Definitions. As used in this chapter, the words and phrases listed below shall
be construed according to the meaning specified herein:
(19) Tree: Any living self-supporting plant which has a trunk diameter of at least
three (3) four (4) inches caliper and normally grows to minimum overall crown height of
fifteen (15) feet.
All other definitions remained as written and are unchanged by this amendment to this Chapter 5
of the City Code.
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2. Section 5-3 entitled "Regulations applicable to privately held property" is amended
by adding a new subsection 5-3(b)( 5) dealing with a required tree survey of trees of a certain
size, with said new subsection 5-3(b)(5) to read as follows:
Sec. 5-3. Regulations applicable to privately held property.
(b) Scope of review. The permit application may 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. These submittals
shall include all the following information pertinent to the stage of ef
development under review:
(1) ......
(2) .......
(3) ........
(4) .........
(5) A tree survey of all trees four (4) inches or more caliper.
All other sections or subsections of Section 5-3, except as amended immediately below in this
Ordinance, shall remain unchanged by this amendment.
3. Section 5-3 of the City Code entitled "Regulations applicable to privately held
property" is amended at sub-sections 5-3(d)(2), (3), and (4) and by adding a new sub-section 5-
3(d)(6) with said amended section 5-3(d) to read as follows:
Sec. 5-3. Regulations applicable to privately held property.
(d) General criteria for issuance of permits to remove trees. Trees may be
authorized for to be r-emoved removal only if they fit into one of the
following categories; the validity of the status of a tree as eligible for
removal shall be verified on site prior to removal by the city forester prior
to issuance of a permit:
(1)....
(2) Trees within ten (10) feet ofa proposed or an existing structure or
other improvement so that they restrict approved construction and
to be replaced elsewhere on the property:
(3) Trees severely diseased, or injured, or dead;
(4) Trees which will interfere with provision of above ground utility
installations and which will be replaced elsewhere on the property:
(5) ......
(6) Trees which a?pear on the Florida Exotic Pest Plant Council's List
ofInvasive Plants. Class I.
Portions of this Section 5-3( d) not changed with struck through words (deleted language) or
underlined (new ordinance language) are unchanged and not altered by this ordinance.
4. Section 5-4 "Official green plan for public property" is hereby amended by adding a
new subsection 5-4(e)(3) with said new subsection to read as follows:
Sec. 5-4. Official green plan for public property.
(e) Protection of city forest:
(1).....
(2) ... ...
(3) Tree sculpturing. Trees in commercial areas may be topped only when
toppin~ is part of a landscaping plan. design or program to sculpt trees
to accommodate a desired design or design theme.
Portions of this Section 5-4( e) not changed with struck through words (deleted language) or
underlined (new ordinance language) are unchanged and not altered by this ordinance.
5. Conflicts. All Ordinances in conflict for the provisions of this Ordinance are hereby
superceded and this Ordinance shall prevail.
6. Severability. If any words, phrase, sentence or portion of this Ordinance is stricken by
a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not
specifically stricken shall remain in full force and effect.
7. Effective Date. This Ordinance shall become effective upon its adoption by the City
Commission of the City of Winter Springs, Florida.
DONE AND ENACTED in regular session of the City Commission of the City of Winter
Springs, Florida this 28th day of Junf' , 1999.
CI
A... TIEST: (
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Andrea Lor .. uaces, Actmg CIty Clerk
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