HomeMy WebLinkAbout1998 11 04 Regular Item A
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIOA 32708.2799
Telephone (407) 327-1600
Community Development
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM
II. A.
UPDATE ON THE CITY'S ARBOR ORDINANCE
Staff Report
At the direction of the City Commission, the current Arbor Ordinance, Chapter 5 of the City
Code, is being revised. The position of City Forester or Arborist is being transferred to the
Community Development Department - Code Enforcement Division. The City will have more
control of tree removal and replacement in the new ordinance.
The goal ofthe Commission through enactment of the revised Arbor Ordinance is to maintain
and enhance the City tree canopy by protecting existing trees on public and private property and
by encouraging increased tree planting,
Jimette Cook, Code Enforcement Officer, will make the presentation on
The update of the City's Arbor Ordinance
Attachment:
CHAPTER 5
ARBOR
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 oflife. 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 emplllwis amI to avoid doubt,-these lands are
designated hereifl6elew:
(I) 1\1l Pllbliely aVlAed property;
~)-All private rights of .....ay;
(3) 1\JllIndeveloped property;
~per-ty;
(5) 1\.11 property to be recle'leloped or reno'lated;
(6) 1\11 property an whioh structllfes are to be altered or enlarged;
t+t-+He greenspaoe, open spaoe, ana yara areas of all developed prollerty:
(&) 1\11 oommeroial property after oonstruotion
€9)-AI1 resident.ifll-letfl-bef{)re and after homo eonstruetion,
(c) Definitions. As used in this chapter, the words and phrases listed below shall be
construed according to the meaning specified herein:
(I) Bonafide logging operation: The good-faith operation of the business of felling
tr~:es 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.
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(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) Ci~)J 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, ( 3 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 vehiole into a vehicular accessway,
pedestrian-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).
(IO)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,
(II) 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.
(J 3)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 ofa single vehicle
to serve a primary use; groups of spaces and the abuttingaccessway 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 ofland developed for and restricted to a single-family
residence.
(17)Specimell 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.
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(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 afthe tree) and
normally grows to a minimum overall crown height of fifteen (15) feet.
(20) Trees plantedfor 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
l!flEi1 Rot limitatiaR, 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
tretlS and other natural vegetation,
Sec. 5-2 City forestry office.
(a) Establishment C?f office. There is hereby created within the department offJlIb!ie
_Fks communitv development, the office of city forestry. The communitv
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) Respollsibilities. 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 llHY
tree growing OR profJerty located ',vithin the eity limits.
(2) Land-clearing, land-removing, or land-filling operations, including w.;e
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 of the reljllest-by the city forester has reviewed the proposal and issued
issuARce ef a permit prescribing the extent of operations being approved.
(b) SC01Je of review. The permit application may shall be supported by drawings,
plans or photographs as necessary to depict !&the city forester the present nature
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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:
I. 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 oommon names and current sizes (witkin reason, plans
should Be modified to save tkese trees);
3, Proposed grade changes of more than one(l) foot depth .outside of the
building sites which may adversely affeet any trees:
4, Proposed protective barriers to preclude damage to uninvolved trees
prescribed in Florida Division of Forestry guidelines (as amended from time to
time).
(c)Permit to be specific as to stage of development. The city forester shall review
the above-prescribed submittals and act upon the request uREleF-the follo.....ing
lllifRefity either independently or as and agent of a staff-wide review, depending on
the development stage of a project:
(I) 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 reviewing ef preliminary
development/engineering plans te and recommending the extent ofland
clearing to be authorized with approyal of sueh plaRs. The city forester
shall subsequently issue a permit prescribing the alteration of Dreliminary
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 furtker
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 subjeot land.
(4) Site plan, The city forester shall act as advisor to the site plan review
board during its review of plans fur initial construotion or el(pansion or
alteration of commercial or multi-family site development proposals-fef
either ofa 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.
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(d) Gel/era/ criteria for issual/ce of permits to remove Irees. Trees may be authorized
for te-Ile removal only if they fit into one t4 of the following categories: +lie
Ylllidity of the status of a tree as eligible for remo'lal shall be ...erifieEl OR site by the
city forester prior to issHaRee of a J'lermit:
(I) Trees located on building and construction sites as shown on approved plans.
(2) Trees within ten(10) feet of l! proposed structure or other improvements as
that they rest riot aJ'lJ'lro..eEl eORstruotioR;
(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 trees equivaleRt to those to be removed, b'l eit.. forester.
(e) Public removal of trees all privale properly. Only under the following circumstances
may city employees prune or remove trees growing on private property:
(I) Any dead or damaged or diseased tree which constitutes a hazard to life
and property or daRger to the eity 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 afly 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 sHeh braRohes
obstruct the view of any street intersection illiG create creating a hazard to
vehicular or pedestrian traffic. (All limbs will be removed following
standard arboriculturaI standards,)
Sec. 5-4 Official green plan for public property.
(a) IlIilial plal/. The city forester under the guidance of the director of pub lie works,
communitv 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 forest consisting of parks,
rights-of-way, easements and public facilities;
(2) Proposals for the care, preservation, replacement, and fleW planting of new
trees and plants on city land;
(3) Projected budgetary data for at least the subsequent five (5) years,
(b) Anllual 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
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revisions to the plan. When ratified by the city commission, these modifications
shall become incorporated into the official plan,
( c) IlIferim reports. Whenever requested by the city manger, the city forester shall
investigate or analyze a site or concern and file a report oo-of findings on the
matter.
(d) Implementation of city green /,1,,". The city forester shall cause the official green
plan to be implemented to adhere to the following guidelines.
(I) Street tree species to be planted. The offieial street tree speeies list fer WiAteF
Springs,Florida, is presentes balow. No speeies other than those ineluded in
these lists No street trees shall be planted as street trees without written
permission of the city forester. Upon reeemmemlatien from the State Di',isiefl
of Forestry, this list may be revises with a(lpfeval from the eemmissioH.
Sma!! 7:"f!es
Dahoon Holly
Hop Hoellbeam
Jerusalem Thorn
Chiekasaw Plum
Pindo Palm
Gherry laurel
',vwc Mvrtle
Uedil,'ffl Trees
Lffrf!f! Trees
Dogvmes
Cabbage Palm
Redbud
Golden Rain Tree
t.meriean Holly
Bay Loblolly
Pumpkin ,^-sh
E. Palatka Holly
Green !.sh
Red Cedar
Dntke Elm
Bald Cypress
Winged Elm
HaekbeFfy
Red Maple
Laurel Oak
Live Oak
Washington Palm
8yeamere
8"'ee'==
". ..0.......
Date Palm
Magnolia
Tulip PoplaF
(2) Spacing, Trees shall be spaced at-Ieast at the distanee speeified:-Small
trees, thirty (30) feet; medium trees, forty (40) feet; ans large trees, fifty (50)
t'eet,the optimum distance for each species.
(3) Distance from curb and sidewalk. The minimum distance trees may be
place from eures or eurblines and sisewalks shall be: Small tree, two (2) wet,
Mcsium trees, three(3) feet; large trees, feur ( 1) feet. Trees and shrubs shall be
Jllimted so as to allow proper visibilitv and to avoid root damage to curbs and
sidewalks.
(4) Distance from street corners and fireplugs. No street tree shall be planted
nearef closer than twenty (20) feet to any street corner, measured from the
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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 than those
sp<~ designated small trees shall be planted under or within ten (10) iatefal
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 citv forester.
(e) Maintenance of city trees
(1) Tree topping. It shall be unlawful as a normal (lractiee for any person, firm, or city
aepartment 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
dis.figure 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
l*,oYent, delay, or interfere with the city forester or any designated agents while
engaging in and about the (llanting, eulti'lating, mulching, (lruning, spraying, or
removing of any street tree or (lade tree.
Sec. 5-!i. Enforcement.
(a) Moncta,-y fincfe,- H'i!lfi,,! aes/ffletion. l\ny person who willfully destroys a
tree shall be assessed a fine ofu(l to but not exceeding twenty five thousand
E1ellars ($25,()()~, In assessing the fine, the city shall consider, among other
things, the size, age,-flealth, and number of trees damaged r removed, This fine
s1m1l be in addition-te-the replacement requirements set forth in subsection (b)
below.
{ill 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.
(b) Reforestation, Any person violating any of the arboreal provisions set forth
herein shall be required to appear before the city commission city forester
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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 aoolv to the reforestation
ofland illegally cleared:
(c) Reforestation point standards:
(I) 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 POD)
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. SmalVnonjuvenile tree (8 feet high and 2-inch caliper).... I
e. SmalVjuvenile (8 feet high and 2-inch caliper)................O,75
f Native shrubs material...................................................O.1 *Plus five
tenths (0.5)) point for each five (5) feet of additional height after
twenty (20) feet.
(3)-Nati-.'e species 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 I. 0
c. Medium tree 0,5
d. SmalVnonjuvenile tree 0.25
e. Small/juvenile tree 0.1
(4) Minimum number of small, medium, and large trees. A minimum of fifteen
(15) percent ofall 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:
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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