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HomeMy WebLinkAbout2003 02 03 Handout by Yvonne Froscher~VONVIG ~. ~ItOSC~leh Environmental Consu/tant CITY OF WINTER SPRINGS ORDINANCE NO. 2002-08 -- TREE PROTECTION ORDINANCE FIVE CRITERIA WHICH MUST BE ADDRESSED IN THE ORDINANCE GOALS RESPONSIBILITY BASIC PERFORMANCE STANDARDS FLEXIBILITY ENFORCEMENT ASPECTS WHICH REFLECT THE BACKGROUND IN WHICH THE ORDINANCE IS CREATED COMPREHENSIVE MANAGEMENT STRATEGY COMMUNITY SUPPORT-Our mission is to have an ordinance that is perceived to be reasonable by citizens so that compliance is voluntary. This means that all five criteria must be perceived as appropriate by the community. PROS Has specific goals. We'll revisit the goals briefly to discuss another aspect which might be considered and why. Responsibility is granted to the City arborist to conduct all the duties necessary to implement the tree ordinance from permit review and process permits, to enforcement, to education, to augment the City Forest. The ordinance has basic performance standards • Who needs a permit • Who's exempt from a permit • Review standards for a permit • Specimen or Historic trees • Tree replacement guidelines • Prohibitions • Minimum tree requirements • Guarantee of survival of planted material Flexibility is present in the plan • No impact • Preservation zones for credit • Preservation of trees for credit • Species choice • Contribution to City's Tree Bank (should the amount represent a deterrent or at least a reasonable amount to establish a new tree in the City forest-cost of tree, cost of installation, cost of establishment and maintenance) Enforcement is addressed: • When a citation is appropriate • Who is responsible for issuing citation and reviewing remediation • Criteria for determining the amount of the fine (is amount a deterrent) P. O. BOX 195305 • WINTER SPRINGS, FLORIDA 32719-5305 • (407J 327-2020 • FAX (407J 327-1718 Comprehensive Management Strategy- focus on community forest management rather than regulation only-what do +ve need to manage and conserve the resource. An ordinance should facilitate management "This aspect requires consideration of: • The resources present ~+ithin the municipality • Whether goals outlined in the ordinance reflect what the municipality thinks is important • The strategy for attaining the management goals Community Support --Our mission is to have an ordinance that is perceived to be reasonable by citizens so that compliance is voluntary. This means that all five criteria must be perceived as appropriate by the community. POSSIBILITIES FOR CONSIDERATION Goals Improve wildlife utilization by encouraging use of native trees and removal of exotic species providing limited benefits to native wildlife. Conservation of forest and woodland resources during development vs. just preserving trees. Consider the amount of forested land within the city limits not yet developed or forested lands which may be annexed into the City. • Opportunities available for planting of some upland buffers already imposed by WMD with benefits to upland and aquatic dependent wildlife. • Add language to conservation easements regarding no clearing of understory To create a community tree plan governing tree planting, maintenance, and removal within rights-of-wa~~ and public lands. (Tree Commission to meet once quarterly) Responsibility Expand authority of City Arborist to educate and enforce violations Basic Performance Standards This is where the most controversy exists to continually focus on goals, retain portions of our urban forests, not overburden individuals with single family residences, be fair with the development sector but being firm about some preservation and replacement. Flexibility Provide options Enforcement Need enforcement with teeth to bite the first couple offenders so that enforcement doesn't become the full time job of the arborist. ~vou~~ne 9. ~rtoselnen En~ironmenta/Consultant CITY OF WINTER SPRINGS ORDINANCE NO. 2002-08 -- TREE PROTECTION ORDINANCE Omit Appendix C, Preferred Plant List Sec. 5-2. Intent and Purpose (b) Intent. The intent of this Chapter is to encourage the protection of the maximum number of Trees within the Primary Tree Protection Zone and of Large Specimen Trees within the Secondary Tree Protection Zone. It is further the intent of this Chapter to encourage the protection of Trees native to Central Florida and to encourage proper removal of exotic, pest trees. See. S-3. Definitions b e (n) Primary Tree Protection Zone. This shall mean the front, side and rear yard areas as established and required by the Land Development Code of the City as the same may from time to time, be amended. This shall also mean all proposed developed upland area (including retention ponds, access drives) for new construction ofmulti-family, commercial, retail, and industrial land uses. (p) Protective Barrier. Shall be a circle of uprights (2" X 4" lumber on six-foot centers) extending at least 36" above the Uround surface with two horizontals (2" X 4" lumber) between each pair of uprights. (r) Secondary Tree Protection Zone. This shall mean all areas not included in the Primary Tree Protection zone. Subdivision street rights-of--way and easements are also defined as being within the Secondary Tree Protection Zone. (w) Tree. Self-supporting wood, perennial plants of species which have a trunk with a DBH of four inches (4") or greater and which normally Brow to a mature height of fifteen feet. Cabbage palms greater than 2(1' tall (aa) Tree Replacement Credit. The Tree Replacement Credit shall be assigned accordin t~provisions of Subsection 5-9. Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations; Criteria (a) The permit application shall contain at a minimum: 2. A tree removal permit fee of an amount established by the City Commission. 3. An accurate site plan drawn to scale indicating which tree(s) will be removed. Locations of all living trees shall be shown along with common or scientific names and DBH's. 4. A replacement plan indicating the means of compensating for the loss of any tree(s) to be removed including the species and size of any replacement tree(s). 5. If significant grade changes are proposed on the site, a grading plan drawn to scale must be provided. 6. If new construction or renovations are proposed on the site, a site plan drawn to scale shall include locations of existing structures, proposed additions to existing buildings, proposed new buildings, structures, other impervious surfaces, pool decks, pervious P. O. BOX 7 95305 • INTER SPR/NGS, FLORIDA 32719-5305 • (407J 327-2020. FAX (407J 327-17 18 drives and parking areas, stormwater retention areas, utilities, and other physical improvements. 7. A protection plan describing how trees located on or adjacent to the subject property will be protected from any adverse effects of tree removal, construction, or grade change. (Do we want to add acceptable methods for protection as Winter Park ordinance has done?) (b) Tinte for ~ipplicution.... (4) All existing single family dwelling units shall be required to submit an application for a Tree Removal prior to removal of any tree. If the lot is less than one-quarter acre and if greater than fifty percent canopy cover will remain within the pervious portion of the yard (after the permitted removal), as determined by the Cite Arborist or his representative, apermit for removal of a single tree will be granted for a any tree with less than 20" at Caliper one time only within five years. If less than fifty percent (50%) canopy will remain, as determined by the City Arborist or his designee, replacement trees will be required as specified in Sec. 5-9. For any lot, areas within conservation or drainage easements shall not be included in the remaining pervious area. For lots greater than one-quarter acre, replacement as specified under 5-9 will be required. Replacement trees shall be installed prior to removal of any tree. (d) Required Removal of Undesirab/e Trees and Shrubs. The natural vegetative communities existing within the city limits shall be protected by the control and elimination of invasive, nonnative species. (a) Planting of trees and shrubs listed on Appendix A, Undesirable Trees is prohibited. (b) Removal of trees and shrubs listed on Appendix A, Undesirable Trees from commercial, office, industrial, or multifamily sites (excluding wetlands) shall be completed as a requirement for approval of the final permit inspection and prior to issuance of the certificate of occupancy. (c) Control and elimination procedures shall in no way promote the proliferation of the species through dispersal of seed or other vegetatively reproducing parts. (d) Control and elimination procedures shall in no way harm or cause the decline of preserved or planted trees and landscaping. Sec. 5-5. City Forestry Office (12) To prepare an annual tree planting program which shall be available for review bathe public (13) To prepare an annual accounting report documenting monies collected for "tree replacement credit " as well as cost, location and number of plantings within the City's Forest usi~ the City's "Tree Bank" funds. Sec. 5-8. Specimen or Historic Trees (a) Designation..... Specimen Trees are all Trees (other than "Undesirable Trees" identified in Appendix A, dead trees, diseased trees) which are twenty (20) inches or more in diameter. Sand pine (Pinus clausa) and Laurel oak (O:~ercus laurifolia) greater than twenty (20) inches will not be iven a Specimen Tree designation. Designation as an Historic .... Sec. 5-9. Tree Replacement Guidelines (a) Tree Replacement. All Tree that are removed or destroyed and subject to replacement by this Chapter shall be replaced by a species of Tree cited in Appendix B, Desirable Trees er tl~pendi*~, l~ro~~ °,~.t-:moist or such other Trees properly approve by the City Forester. (b) Criteria for Replacement Trees is as follows: (a) Characteristics of Replacement Trees. The replacement Tree(s) shall have at least equal shade potential, screening properties, and/or other characteristics comparable to that of the Tree(s) requested to be removed. (b) Size of Replacement Trees. Size of Replacement Tree(s) are to made according to a standard of one inch (1 ") DBH total replacement for each one inch (1 ") DBH removed, unless (I) the Trees are replaced with Trees from tr•° °-°'°~~°'' D1°^~ r ~°* Appendix B. Desirable Trees; or (2) otherwise agreed upon by the City Commission and applicant. Replacement Trees shall be the minimum caliper required in Table I : Tree Replacement Standards (c) Qua/itl~ o~p/acement Trees. Planted Replacement Trees shall be Florida Number 1 Grade or better. (d) Tree Species. Relocated or Replacement Trees shall include only species defined as Desirable Trees (Appendix B) under this ordinance. (e) (t) Transp/anting and Maintenance Requirements. All Trees transplanted pursuant to this ordinance shall be maintained in a healthy, living condition. Any such Tree which die shall be replaced and maintained by the property owner. The City shall retain perpetual jurisdiction to ensure compliance with this Chapter. (g) Restriction on Use ofPa(m Trees. Palms shall not account for more than twenty-five percent (25%) of the planted replacement trees. (h) Reatrirement for Diversih~. [f more than 10 replacement trees are required not more than fifthpercent (50%) shall be of a single species. (i) NaNve •Tree Requirement. All replacement trees shall be Central Florida native species or approved hybrid cultivars of native species. (j) Basis for tree replacement. Replacement trees, when required, will be provided based on the trunk diameter measured at Caliper of the trees being removed. See Table 1: Tree Replacement Standards. (k) Wai1>ers of Replacement Tree(s) Specifications and Tree Bank Contributions. The number of reauired Replacement Trees may be waived by the City Commission if a) the Commission determines that the on site preserved trees are of sufficient number and quality to substantially comply with the purpose and intent of this Chapter b) the Commission determines that due to site conditions or configuration it is impossible for the applicant/developer to meet the requirements for Tree Replacement and c) a tree r~lacement fee is paid to the City's "Tree Bank "which is hereby established Monies collected in the Tree Bank shall be used for enhancement and maintenance of trees on public lands. Substitute Replacement Tree(s) allowed under this Waiver provision must have the approval of the City Commission. The amount to be paid into the Tree Bank shall be based upon wholesale market value of the City approved replacement tree(s) required plus a dollar ($ ) installation maintenance charge per tree (I) Replacement Credit. Replacement. Credits may be attained by two methods. Trees listed in Appendix A, Undesirable Trees may not be counted for replacement credit. NOTE: THE TWO TABLES BELOW ARE TWO POSSIBILITIES (a) For the purposes of substituting larger preserved trees for required replacement trees, the following Table 2: Replacement Credit applies anywhere on the development site, excluding wetlands and existing conservation easements. The applicant shall be responsible for protection of preserved trees according to Sec. 5-14. TABLE 2: REPLACEMENT CREDIT DBH of Preservetl Tree: Reduction in Replacement Tree Re. uirement 4" u to but not includin 8" 1 9" u to but not includin 12" 2 12" u to but not includin 16" 3 16" u to but not includin 20" 4 > 20 Must be reserved (a) For each tree located within a public conservation area dedicated to the City as part of a development project, replacement credits for preserved trees may be applied as shown in Table 3: Replacement Credit within a Conservation Area Dedicated to the City. Such public conservation area must be at least one (1) acre with widths not less than 125 feet, unless otherwise approved by the Cit} Commission. In addition, trees approved by the City Forester to reforest such conservation area shall also be applied to the replacement requirement on a one- for-one basis. The applicant shall be responsible for protection of preserved trees according to Sec. 5-14. The minimum tree requirement set forth in Section 5-13 shall still apply. TABLE 2: REPLACEMENT CREDIT DBH of Preserved Tree 'Reduction iri Replacement Tree Re uirement 4" u to but not includin 16" 3 16" u to but not includin 20" 5 > 20 Must be reserved Sec. 15-13. Minimum Tree Requirement No certificate of Occupancy shall be issued on the types of construction indicated below unless the underlying parcel has at least the required minimum number of approve Trees: (a) Any new single-family or duplex dwelling unit on a lot of less than 6,000 square feet or greater: Not fewer than two trees. (b) Any new single-family or duplex dwelling unit on a lot of between 6,000 square feet and 10,000 square feet: Not fewer than three trees. (c) Any single commercial, industrial, multifamily or other structure requiring site plan approval under the City land development regulations: No fewer than five (5) Trees or eight (8) Trees per acre, whichever is greater. Other Thoughts: Exemption for citrus trees and non-native landscape trees Permit application processing tine. Forester shall explain grounds for permit denial Transferability requiring written notice to forester Tree preservation committee. How to implement process. Protect trees from pruning which enhances other persons yards The City Forester or his designee shall supervise the pruning as necessary and may regulate or halt the pruning when he deems it either to be detrimental to the tree or to go beyond the pruning necessary for continues utility service. Any electric, natural gas, telephone, cable television or other public utility firm or corporation must appl}~ for a tree removal permit before the removal of any protected tree. Violation -- Fine based on the circumference of remaining trunk or on circumference of largest remaining debris. Fines shall be imposed at $200 per inch of caliper. City of Winter Springs Ordinance No. 2002-08 APPENDIX A: UNDESIRABLE TREES Common Name Botanical Name Mimosa, silk tree Albizia julibrissin Woman's tongue Albizia lebbeck Orchid tree Bauhinia variegata Bischofia Bischofia javanica Carrotwood Cupaniopsis anacardioides Australian pine Casuarina litorea (=C. equisetifolia ) Suckering Australian pine Casuarina glauca Camphor tree Cinnamomum camphora Laurel fig Ficus nicrocarpa Glossy privet Ligustrum lucidum Chinese privet, hedge privet Ligustrum sinense Melaleuca, paper bark Melaleuca quinquenervia Chinaberry Melia azedarach Catclaw mimosa Mimosa pigra Strawberry guava Psidium guajava Guava Psidium Montana (= P. littora/e} Downy rose-myrtle Rhodomyrtus tomentosa Popcorn tree, Chinese tallow tree Sapium sebiferum Schefflera, Queensland umbrella tree Schefflere actinophylla (=Brassaia actinophylla ) Brazilian pepper, Florida holly Schinus terebinthefolius Tung-oil tree Aleurites fordii Paper mulberry Broussonetia papyrifera Australian pine Casuarina cunninghamiana Indian rosewood, sissoo Dalbergia sissoo Ear-pod tree Enterolobium contorfisilquum Goldenrain tree Koelreuteria elegans Lead tree Leucaena leucocephala Senegal date palm Phoenix reclinata Castor bean Castor bean Rose-apple Syzygium jambos EXAMPLE treeord1.xlsappendixA City of Winter Springs Ordinance No. 2002-08 APPENDIX B: DESIRABLE TREES Cano Trees Common Name Botanical Name Replacement Replacement Preferred Notes Caliper (existing Caliper (all new Plant single family development) Size/Credit residence) American holly Ilex opaca var. opaca 3-4 gal 15 gal 65 gal/3cr 40-50' mature height, evergreen, red fruits Bald cypress Taxodium distichum 30-70' mature height, deciduous, bronze fall color, chartreuse spring color Basswood Tilia americans 30-70' mature height, prefers rich, moist (not wet) soils Black cherry Prunus serotina - 40-60' mature height, deciduous, ascending branches, edible fruits -- Black gum, swamp T ' Nyssa sylvatica var. biflora I _ S0-75' mature hei ht, oran a-red fall color, deciduous, refers wet soils 9 9 P tupelo Box elder Acernegundo ~ Deciduous, yellow fall color, fragile limbs, short lived, 60-70' mature height -- Carolina cherry laurel ',Prunus caroliniana '40' maximum height, dense dark green foliage, evergreen Common persimmon iDiospyros virginiana 15-25' mature height, orange fruits on female trees, edible fruits following light frost, orange to mauve fall color, excellent for erosion control Dahoon Ilex cassine Florida elm Ulmus americans floridana Laurel oak , Quercus /aurifo/ia _ - __-- Live oak Quercus virginiana Loblolly bay Gordonia lasianthus Longleaf pine Pinus palustris ,Pignut hickory Carya glabra Pond cypress Taxodium ascendens Pond pine _- ~ Pinus serotina ~--- Redba - - Persea borbonia - _ Red maple Acer rubrum Sand pine .Pinus clausa ~' __- - _ Southern magnolia i _ _ _ _ ___ I Magnolia grandiflora, _ Slash pine 'Pinus elhottii 40' mature height, evergreen, red fruits on female trees 60-70' mature height, deciduous, long living, shade tree ~' 100' mature height, begins to deteriorate at about 50 years '~ 100-150' mature height, majestic spread, evergreen, long-lived '30-60' mature height; prefers rich, acid, moist soils ~ ',80-125' mature height, high branching 40-80' mature height, kernal inside nut is edible, shade tolerant Small to medium sized tree, crowns cylindrical becoming irregular with age !80-125' mature height, high branching, prefers moist soils 15-40' mature height, evergreen,. leaves aromatic ----- - - !50-120' mature height, red spring flowers, orange-red fall color ', !,Small to medium sized tree, low full growth as sapling, high branching as ages, live span typically 50-100 years '60' mature height, large glossy leaves, showy white flowers __ 80-125' mature height, high branching treeord l .x(s City of Winter Springs Ordinance No. 2002-08 APPENDIX B: DESIRABLE TREES Sugarberry, hackberry Celtis laevigata Swampbay Persea palustris --- -- . _ _ Sweetbay Magnolia virginiana Sweetgum Liquidambarstyracitlua Tulip poplar Liriodendron tulipifera Water oak Quercus nigra 60-80' mature height, fruit attracts birds, large graceful form, prefers moist soils, soft wood Small to medium sized tree, evergreen, leaves aromatic, prefers moist soils 60' mature height, creamy white flowers, seed cone with bright red seeds, evergreen, leaves with whitish undersides, prefers wet soils 60-120' mature height, yellow fall color, deciduous, seeds in spiny balls, 60-100' mature height, yellow-green "tulip" flowers, yellow fall color deciduous, prefers moist soils 95' mature height; dull, bluish green foliage; shade tree treeord l .xls 2 City of Winter Springs Ordinance No. 2002-08 APPENDIX B: DESIRABLE TREES Small Trees Common Name Botanical Name Notes Carolina willow Salix caroliniana 20-30' mature height, good for erosion control, soft green foliage, black ridged bark, prefers moist to wet soils Chapman oak Quercus chapmanii Small tree, evergreen, prefers well-drained soils Chickasaw plum Prunus angustifolia Small spreading tree, armed, white flowers before leaves emerge in spring Festive holly Ilex X Festive rM Florida anise tree Illicium floridanum _____ _ - Flowering dogwood Comus florida ~Foster's #2 holly Ilex X attenuata 'Fosters #2' (Fringe tree Chionanthus virginicus Hercules-club, prickly- Zanthoxylum clava-herculis ash __ ___ Little Gem magnolia Magnolia grandiflora 'Little Gem' Loquat Eriobotrya japonica Musclewood, Carpinus caroliniana American hornbeam Myrtle oak - - - Quercus myrtifolia -- --- Needle palm Rhapidophyl/um hystrix Red mulberry Morus rubra 'Redbud !Cercis canadensis var. canadensis Rusty lyonia, Lyonia ferruginea staggerbush Sand live oak Quercus geminata Southern red cedar ', Juniperus silicicola -- Sparkleberry I Vaccinium arboreum Pyramidal evergreen, spiny foliage, 10' mature height 20' mature height, maroon-red flowers, prefers moist soils, compact and dense form 20-30' mature height, showy white spring bracts, red autumn color Evergreen, red fruits, 20-25' tall, 6-10' wide 20-30' mature height, upright branches forming dome shape, white delicate '..flowers, golden fall color Small armed tree, deciduous 20-25' mature height, showy white flowers, dark green glossy leaves Medium tree, evergreen, dark green foliage, dark yellow fruits, fruits edible Small tree, deciduous, prefers moist to occassionaly wet soils, prefers shade to partial shade, trunks "muscle-like" Small, scrubby tree; evergreen, prefers drier soils I3-8' mature height, prefers moist soil, evergreen, palmate fronds, declining native species Small tree, large leaves, edible fruits, attracts birds 20-35' mature height, rosy purple spring flowers, deciduous, high branching, sensitive to auto pollutants '20-25' mature height, rusty colored new growth, evergreen, crooked and asymmetric form ',Small to medium sized tree, dark green leaves, asymmetric form 25' mature height, evergreen with reddish-brown bark, prefers neutral soils, symmetrical when young, often asymmetric and windswept with age. '20-30' mature height, red fall color, deciduous treeord I .xls 3 City of Winter Springs Ordinance No. 2002-08 APPENDIX B: DESIRABLE TREES SmaII Trees (continued) Common Name Botanical Name Notes Titi Cyrilla racemiflora 15-30' mature height, prefers acid to very acid soils, prefers moist to wet soils, wide spreading branches, white racemes of flowers in early summer Tough bumelia Bumelia tenax Small tree, coppery leaf undersides, scrubby form Turkey oak Quercus laevis 20-30' mature height, copper fall color, deeply lobed leaves __ Walter's viburnum Viburnum obovatum 12-20' mature height, white spring flower clusters, prefers moist to wet soils Water ash, Carolina Fraxinus caroliniana 30-40' mature height, soft wood, bright green compound leaves ash Wax myrtle TMyrica cerifera 15-20' mature height; dark blue, chalky fruits; olive-green foliage, evergreen, low maintenance Wild olive -0smanthus amencanus _ -_ 15-25' mature height, olive-green foliage, beautiful shape in light shade to sun Yaupon Ilex vomitoria 20-25' mature height, red-orange translucent fruits, evergreen, often multi- 'i trunked treeord 1.xls 4 City of Winter Springs Ordinance No. 2002-08 APPENDIX B: DESIRABLE TREES Palms Common Name Botanical Name Notes Cabbage palm Saba/ palmetto 50-80' mature height, long lived EXAMPLE treeord I .xls 5 City of Winter Springs Ordinance No. 2002-08 TABLE 1: TREE REPLACEMENT STANDARDS DBH,of Protected Tree Number of Replacement Minimum Number of Replacement Minimum Caliper for Canopy Trees Required for Caliper/Height for Small Trees Required for Replacement Sma11 Each Tree Removed Replacement Canopy Each Tree Removed Trees Trees 4' up to but not including 8" 1 3 or 2 1.5 8" up to but not including 12" 2 4 or 4 2 12"up to but not including 16" 3 6.0" Not allowed 16" up to but not including 20" -- - -- 4 6.0" Not allowed > 20" To be Preserved treeord1.xlsrplcmt 1