HomeMy WebLinkAbout2003 01 22 Letter from Beth HollenbeckJanuary 13, 2003
663 Murphy Road
Winter Springs, FL 32708
Arbor Ordinance Review Advisory Committee:
Thank you for inviting me to submit my ideas to the Winter Springs
Arbor Ordinance Review Advisory Committee. I care very much
about this subject, and appreciate the opportunity to share my thoughts
with you.
I have lived in Winter Springs for over twenty years, and during that
time I have implemented landscape changes in my yard to practice
what I preach. My small 75 x 1 i 5 foot lot has a 3-bedroom house with
2-car garage on it, so you know that I do not have a lazge azea with
which to work. Yet, I have planted 83 trees on my property, and have
replaced all the grass with drought-tolerant and native plants.
The benefits aze numerous: I use less energy to cool my house since
tree shade blocks the southern and western sun. Once established, the
plants do not need watering, so I save precious water (and money) by
not having to imgate the yard. Native plants, in addition to providing
much-needed food and habitat for wildlife, do not need chemical
pesticides and fertilizers, so I've saved the expense and pollution that
come with these applications. I don't know how to measure the
enjoyment of watching butterflies and birds in my yazd.
I have made these changes because I know it is the right thing to do for
wildlife and the environment. The fact that my yazd is low
maintenance and saves me money is an added bonus.
January 13, 2003
Arbor Ordinance Review Advisory Committee
Page 2
As Executive Director of ECO-Action, a local non-profit environmental
educational organization, we teach these practices, and we organize
tree plantings and landscape workshops. This concept is an
established part of our educational platform. The mission of our
organization is hands-on, tangible differences we can make in our own
back yard, as it were. We have relied heavily upon resources available
from numerous government agencies and other NGO's who are also
trying to educate people about the importance and value of these
considerations. With the water crisis in Florida, mandating drought-
tolerant plants and eliminating turf grass is essential to conserve what
little we have left.
All the good intentions and regulations in the world will not do any
good if they are not enforced. The reason this "ordinance review"
came about is because citizens are angry that developers get away with
side-stepping the rules. I do not see any substance in the new
ordinance that would prevent that from continuing. For example, tree
credits should never be "traded" off for other development interests -
like turning lanes (to cite a recent example granted by the City
Commission). The City Commission must be conscientious about
enforcing efforts to maintain, enhance, and restore our tree canopy.
I wish you godspeed in your responsibility to further define this very
important ordinance, and thank you for your efforts on behalf of all of
us who live in this City. I appreciate any consideration you are able to
give to my earnest submission.
Respectfully,
Beth Hollenbeck
Pg. 2 5-2) a) soil conservation (not conversation)
Pg. 5 (z) $100 for every 4 inches
Pg. 5 (aa) $100 for every 4 inches
Pg. 7 (b) Scope of Authority - It is obvious if our "Tree City USA" is to live up
to its name, honor its responsibilities to the community, and enforce a
reasonable and effective Arbor Ordinance, more resources need to be
provided for staffing. Since much of the permit and enforcement work in
the City is routine, many of these calls could be managed by staff of
lesser training than an Arborist, with the Arborist reviewing and
approving the staffs work. The role of the Arborist ought to be to deal
with the difficult judgment calls, large projects, the more complicated
situations, the ones where homeowners or developers have objections,
and those that the field staffrefer to the Arborist for action for whatever
reason. It has already been established that appeal to the City
Commission is available after the Arborist makes the final determination
on a code violation or permit request, so the chain-of-command dynamic
would be even more effective if the burden of tedious vohune and
administrative duties were removed from the Arborist, enabling the
Arborist to participate in more meaningful activities.
Pg. 7 (c) Responsibilities - I would submit that one of the more meaningful
activities the Arborist could direct would be for the City itself to become
more aggressive with restoring native habitat and planting trees
throughout the City. This is another area where only an Arborist with
significant expertise can select and design plantings in the commons of
substantial and sustainable benefit and beauty. It would be hoped that
the expense of these installations can be reduced either by volume or
putting the jobs out to bid or perhaps having City staff do the work. We
certainly don't get very good value from our tree bank dollars when we
outsource the jobs.
This would also create a circumstance where, should the current Arborist
leave the employ of the City, the program would not fall apart with no
one in the field, and a good portion of the routine permitting and
enforcement work could continue uninterrupted. More importantly,
though, it would establish that the requirements of a replacement
Arborist would include serious credentials and knowledge in this
scientific area so that someone of similar caliber as Mr. Mingea would be
recruited to serve the City in this capacity.
Pg. 8 (10) Education - I sincerely believe most citizens have no clue that there
is an arbor ordinance and the necessity for permits and replacement. I
believe overall that the City does not communicate effectively with the
public. It should be an established procedure to provide citizens with
regular reports of Commission meetings, general homeowner
information, updates of regulatory changes, and to periodically review
and periodically re-broadcast information such as the existence of this
ordinance.
Pg. 8 5-6) a) 1) as necessary for commercial application
Pg. 10 5-6) e) How long must the Tree Removal Permit be posted? [also see
Pg. 14 5-12 (d)]
Pg. 11 5-9) a) Replacement must occur within 90 days. When possible, the
landowner should have an incentive to install replacement trees before
the removal is performed, lessening the site visits and enforcement
time spent by the City.
When a tree is dead and is approved for removal, replacement is not
required. While I have been improving my lot, I see in the thirty-year old
neighborhood I live in, little else has changed. Annuals might be replaced
by some neighbors, but there are certainly fewer trees than when I
moved here. As they die or are removed for whatever reason, they are
usually not replaced. It seems to me if some sort of incentive were
provided to homeowners to plant trees, they might be inclined to
practice more simple forestry as well. The way things are, penalties
might be invoked if trees are removed, but there is no reward or
incentive for reversing the process and restoring one's yard into a healthy
patch of land.
Pg. 12 (top) strike "wholesale market value" of the trees being replaced and
insert "$100 per 4 inches"
Pg. 12 (6) Time limit -residential - 30 days -When possible, the landowner
should have an incentive to install replacement trees before the removal is
performed, lessening site visits and enforcement time spent by the City.
Pg. 12 6) A) iii) as necessary for commercial application
Pg. 12 Developers incentive to retain historic trees (re: residential). How to
determine credit?
-a
Pg. 13 6) e) A handyman or contractor doesn't need a license to chop down a
tree - Develop strict enforcement guidelines and fines, including work
stoppage and repair before stoppage lifted -including withholding new
permits. An unlicensed contractor should have his tools confiscated until
the City is satisfied with mitigation or fines.
Pg. 14 5-13 Minimum tree requirement - I would like very much to see codes
developed that define what percentage of a lot can be given to
impervious pavement, what percentage to canopy (or potential canopy)
by conserving or installing trees, what percentage to turf (for those who
have valid croquet credentials), and what percentage to native plants, be
they flowers or shrubs or trees or ground cover.
Pg. 15 5-13} a) & b) & c) What size, what kind?
Pg. 16 5-15 Incentives or rewards for superior stewardship? Perhaps a
provision to waive penalties or replacement if a lot has many ire trees
than required. Also, incentives or rewards for removal and replacement
of undesirable trees and other vegetation.
Pg 16 Waivers and Appeals - My perception is that it is too easy to remove a
tree, both by developers and homeowners. Since 90% of Winter
Springs has already been developed, the majority of land now belongs to
homeowners, even though developers do the more dramatic and
indiscriminate clearing. In either case, there seems to be no way for the
Arborist or the City to say no. Ayes can always be achieved by paying a
fine or contributing to the tree bank of appealing to the City
Commission or mitigating with approved offset plantings - or having the
regulations waived!! The ecological value of a mature and
established native tree can not immediately be mitigated by the planting
of immature replacement trees, although the replacement concept is a
good one. I feel it should be exercised only when no other remedy is
available.
Pg. 17 5-18) a) Enforcement -The City may (why "may"? How about "shall"?)
enforce the provisions of this.....
Pg. 17 5-18) c) 4) $100 per inch