HomeMy WebLinkAbout1999 03 22 Public Hearings Item A
COMMISSION AGENDA
ITEM A
March 22. 1999
Meeting
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MGR
Ion
REQUEST: The Community Development Department/ Code Enforcement Division
requests the City Commission hold a second reading of Ordinance No.
711to amend Chapter 5, Arbor, Ordinance No. 451, of the Code of
Ordinances, City of Winter Springs.
PURPOSE: The purpose of this agenda item is to seek Repeal of Ordinance No. 451,
Chapter 5, Arbor, by the City commission and replace it with Ordinance
No. 711, Chapter 5, Arbor.
APPLICABLE LAW AND PUBLIC POLICY:
Current regulation is provided by City of Winter Springs, Code of
Ordinances, Ordinance No. 451, Chapter 5, Arbor, adopted March 27,
1989.
CONSIDERA TIONS:
· The City has identified a need for revitalization of the existing Arbor
Ordinance, (Ordinance No. 451).
· On October 5, 1998, a workshop was held to discuss the current
regulation and proposed changes to Chapter 5, Arbor. This proposed
Ordinance No. 711 reflects those changes.
· On December 14, 1998, a first reading of Ordinance No. 711 was held.
FUNDING: No additional funding is anticipated with the adoption of Ordinance No.
711, Chapter 5, Arbor.
RECOMMENDATION:
Staff recommends that the City Commission hold a second reading 011
Ordinance No, 711 for its adoption.
ATTACHMENTS:
Proposed Ordinance No. 711.
COMMISSION ACTION:
ORDINANCE NO. 711
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WlNTER SPRINGS, FLORIDA
PROVIDING FOR AMENDMENT TO CHAPTER 5,
"ARBOR", SETTING FORTH THE INTENT AND
PURPOSE OF THE ORDINANCE, DEFINITIONS,
CREATING A FORESTRY OFFICE AND
REGULATIONS AND A GREEN PLAN FOR PUBLIC
PROPERTY, AND ENFORCMENT, PROVIDING FOR
CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHERAS, 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;
WHERAS, 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 Ordinances of the City of
Winter Springs.
NOW THEREFORE be it ordained by the Commission of the
City of Winter Springs, Florida, as follows:
SECTION I 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
playa 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. For empht*lis and ta EV/eid daub!, these lands are
designated hereinbelow:
(1) f..ll publiely o'yvned property;
(2) All pri'.<ate rights ef way;
(3) Allooaeveloped pr-eperty;
( 4) All '..aeam property;
(5) All property to be r~developed or refl.o'lated;
(6) All property afl. whiek stme!W'es are to be alterea or enlarged;
(7) The greefl.spaee, open space, and yard areas of aU develaped property:
(8) All eommereial property after eOllStmetioB
(9) All residential lots befor-e and after home eOBstruetioR.
(c) Definitions. As used in this chapter, the words and phrases listed below shall be
construed according to the meaning specified herein:
(1) Bonafide 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 lor 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 1/2 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 vemale into a vehicular accessway, pedestrian-way,
or required landscape area.
(9) Green area: Any portion ofthe 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).
(lO)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:.
(l2)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)P arking 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.
(l6)Single-family lot: An area ofland developed for and restricted to a single-family
residence.
(l7)Specimen trees: Trees of significant size, ~, 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.
(l9)Tree: Any living, self-supporting perennial plant which has a trunk diameter of
at least three (3) inches measured a! 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
afld Rot lim.itatioR, but are not limited to Christmas trees, slash pines, and
pulpwood.
(20) Yard area: An open space on the same lot with a building, such space being
unoccupied and unobstructed from the ground upward, with the exception of
trees and other natural vegetation.
Sec. 5-2 City forestry office.
(a) Establishment of office. There is hereby created within the department of-public
wefks community develooment, 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 aay
tfee gro\ving on property lecated 'Nithin the city limits.
(2) Land-clearing, land-removing, or land-filling operations, including ttSe
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
review ef the request by the city forester has reviewed the proposal and issued
issliance ef a permit prescribing the extent of operations being approved and
the replacement trees specified.
(b) Scope afreview. 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 COfBlRon names and current sizes (witkin reason, plans
sholild be modified to stwe these tr~es )~
3. Proposed grade changes of more than one(l) foot depth .olitside of the
bliilding sites .."hicA may adversely affect any trees:
4,. Proposed protective barriers to preclude damage to uninvolved trees. preseribed iR Florida
DivisieR of Forestry gHideliRes (as ameRded a-em 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 follewing 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 unilaterally 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 city forester shall act as an
advisor to the city staff in reviewi..ng ef preliminary
development/engineering plans te and recommending the extent ofland
clearing to be authorized with approval of slioh plans. The city forester
shall subsequently issue a permit prescribing the alteration of preliminary
development/engineering plan~.
(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 fooner permit for additional tree removal from the s\:lbjeot laRd.
(4) Site plan. The city forester shall act as advisor to the site plan review
board during its review of plans for initial oORstntctioB or expansion or
alteration of commercial or multi-family site development proposals-fef
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 te-be removal only if they fit into one tB of the following
categories: The validity ef the status of a tree as eligible for r-emoval shall
be verified OR site by the eity forester prior to iSSllaflCe of a permit:
(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~ proposed or existing structure or other
improvements as that they r-estriet approved cOflstmotioB;
(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 by tr-ees eEJllivaleAt to those to be removed, by eity 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 or daBger to the city forestry 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 aBy shall become a lien upon the
property.
(2) Tree limbs and shrubs overhanging public right-of-way so that if such
branches obstruct the light from any streetlight or so that such branohes
obstruct the view of any street intersection and ereate 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 ofpoolic "'lorks,
community development ,shall develop an official Winter Springs Green Plan which
provides to the city commission the following infonnation:
(1) Documentation on the current nature of the city forest consisting of parks,
rights-of-way, easements and public facilities;
(2) Proposals for the care, preservation, replacement, and Dew 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 manger, the city forester shall
investigate or analyze a site or concern and file a report eB-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. The offieial street tree species list for Vlinter
Springs,Florida, is preseftted below. No speeies other than those inoluded iR
these lists No street trees shall be planted as str-eet tr-ees without written
permission of the city forester. UpOR reeommendatioR from the State DivisioR
of For-estry, this list may be revised with appre'lal from the eomlBissioR.
Small Tl'ees
!.fcdilHR Trees
Large Trees
Dahoon Holly Dogweod
Hop Hoeooeam Cabbage Palm
Jerusalem Them R-edb\;l8
Chiekasaw Plum Golden Rain Tree
Pindo Palm Ameriean Holly
Cherry lJwrel Bay Loblolly
",Tax Myrtle Pl:lmpkin ;\sh
E. Palatka Holly
Green Ash
Red Ceder
Drake Elm
Bald Cypress
Winged Elm
Haekberry
Red Maple
Lal:lr-el Oak
Live Oak
Washington Palm
Syeamore
SweetgHm
Date Palm
Magnolia
T\1lill Pepler
(2) Spacing. Trees shall be spaced at least at the distanoe speoified: Small
trees, thirty (30) f~et; mediWll trees, raft)' (40) feet; aDd large trees, fifty (50)
feet7the optimum distance for each species.
(3) Distance from curb and sidewalk. The mimmwn distaftoe trees may be
plaoe from ourbs or ourblilles aDd side\valks shall be: Small tr-ee, two (2) feet,
MediWll trees,three(3) feet; large trees, four (4) feet. 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
Beafef
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 other thaD these
speeies designated small trees shall be planted under or within ten (10) latefal
linear feet of any overhead utility wire, or within five (5) latefallinear 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 oormal practioe for any person, or firm~
eity department employee 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 to stubs larger than three(3) inches in diameter
within the tree's crown 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.
(f) 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.
(a) 1.1encts.ryfinc fer willful dC.Yf.ruetien. L^..ny person \-"ho willfully destroys a
tr-ee SAltR be assessed a fine of up to bm not exceeding twef}ty fiye thol:lsand
dollars ($25,000). If} assessing the fille, the eity shall eORsider, amof}g other
thif}gs, the size, age, health, and nl:JfRber of tr-ees damaged r remo'/cd. This fine
shall be if} additioR to the replaoement reqwr-ements set forth in sl:lbseetioR (b)
below.
(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 hearin~ 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. In the
alternative. the City of Winter Springs may seek iniunctive or other legal
relief as offered by law.
(b) Reforestation. Any person violating any of the arboreal provisions set forth
herein shall be required to appear before the eity oommission city forester
which shall be empowered to specify the number and types and sizes of trees
to be replanted 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-ways)
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. Smalllnonjuvenile tree (8 feet high and 2-inch caliper)....!
e. Small/juvenile (8 feet high and 2-inch caliper)................0.75
f Native shrubs material...................................................O.l *Plus five
tenths (0.5)) point for each five (5) feet of additional height after
twenty (20) feet.
(3) Natiye speoies bonus.Bonus Points. This bonus isBonuses 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. SmalVnonjuvenile tree 0.25
e. SmalVjuvenile tree 0.1
(4) Minimum number of small, medium, and large trees. A minimum of fifteen
(15) percent of tHI: 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 minimize 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.
Revision date 9/08/98
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 upon adoption as
provided by law.
Paul P. Partyka, Mayor
City of Winter Springs
ATTEST:
Margo M. Pierce, CMC, City Clerk
City of Winter Springs
First reading
Posted
Second Reading and Public Hearing