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HomeMy WebLinkAbout2003 03 03 Approval of the February 26, 2003 Regular MinutesCITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING ~ FEBRUARY 26, 2003 ~~ "'~ I. CALL TO ORDER ~'~ C The Tree (Arbor) Ordinance Review Advisory Committee Meeting was called to order on Wednesday, February 26, 2003 at 5:02 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Committee Member Marshall Allen, present Committee Member Gary G. Diller, present Committee Member Carol Fottler, present Committee Member Byron Giltz, present Committee Member Darcy Meagher, present Committee Member Brian J. Oliver, present Committee Member Roger Owen, absent Committee Member William Reischmann, present II. CONSENT CONSENT A. Approval Of The January 22, 2003 Meeting Minutes. Ms. Marilyn Crotty, University of Central Florida, Florida Institute of Government, 36 West Pine Street, Orlando, Florida: inquired if there were any additions or corrections to the Minutes. Committee Member Byron Giltz noted that on page 3, "Specimen Tree" should be capitalized in Section 5-8. (a~. Ms. Crotty suggested the following corrections should be made: that "Or a citation shall be issued" should be the last sentence in Section 5-9. (a) and on page 3, Section 5-5. (>~ should be removed and inserted under "Scope ofAuthority." on page 2. Next Ms. Crotty said, "And there is some confusion and this is just purely having to do with the way this is written with the `a' and `b's and `c's it gets very confusing but on the next to the last page of the Minutes where it says [It was noted by Ms. Crotty that on page 13 of 19 that the paragraph noted as (~ should actually be' it is not continuation of (~ but the (~ that is there should be an (~"]; and then on page 5, the first bullet should read "Ways to educate the Residents and Employees on tree maintenance and removal." CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 2 OF 9 Ms. Crotty asked, "Is there a Motion to approve as Amended?" ~± "I MOVE THAT WE APPROVE THE MINUTES OF JANUARY 22, 2003 AS AMENDED." MOTION BY COMMITTEE MEMBER REISCHMANN. SECONDED BY COMMITTEE MEMBER DILLER. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. ~~~ MOTION CARRIED. .~~ r.~ ~, CONSENT B. Approval Of The February 3, 2002 Meeting Minutes. Ms. Crotty inquired if there were any additions or corrections to these Minutes. Committee Member Giltz noted that on page 2, Section 5-13. subsection (~, should be removed entirely, then the Committee recommended that the language in (l~ be reworded by the City Attorney to clarify that a "Single or Duplex lot over 6,000 square feet, one additional tree for up to each 4,000 square feet" is required. Committee Member Carol Fottler noted that under Section 5-10. (, on page 1, that "These terms need to be defined in the body of the Ordinance" should be included and then Section 5-10. (~, should read "Having two different categories, one for large trees and one for small trees." Ms. Crotty said that on page 2, Section 5-12. (~ "Or the certificate of occupancy obtained" should be added to the last sentence. In Section 5-13. (~. the first sentence should read "The Committee recommended that the word `approximately' bP removed." Ms. Crotty further noted that on page 2, in Section 5-14., (~ should be replaced with the following: "~ Protective Barriers Required. The title should be "Protective Barriers and Signage Required." It was recommended that the sign should display the fine." Ms. Crotty also noted that subsection (c~ should be (~ and be written as: "(~ Site Inspections. It was decided that the word "Applicant" should be "Owner" and that on page 2 the last paragraph should read as follows: The Committee recommended that a new subsection ~ be added to include "Build structures to protect trees on adjacent parcels" with the final verbiage to be completed by the City Attorney." Ms. Crotty noted on page 3, Section 5-15. "And be addressed elsewhere in the Ordinance" needs to be removed. Under Section 5-16. Waiver and Appeals. "The Beautification of Winter Springs Board" (BOWS) should be submitted to the sentence following "Citizen Board". Also on page 3, Section 5-17. (>~ add "A formula for CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 3 OF 9 replacement trees to make up for destroyed trees"; and eliminate the last sentence of Section 5-17. (>~. Ms. Crotty then stated that Section 5-18. (a~ should be eliminated entirely as there were no changes to this subsection; under (~ the Committee suggested clarifying "Who levies the penalties -when it's appropriate for the Code Enforcement Board, when it should be a ~ citation, and when appropriate, the need to restructure fines and (c) better to define all of these" by the City Attorney. Lastly, Ms. Crotty noted under Ms. Yvonne Froscher's Public Input, the word "Reviewed" should be deleted. .~+ C~ Ms. Crotty requested a "Motion to approve the Minutes as corrected." C~ "SO MOVED." MOTION BY COMMITTEE MEMBER BYRON GILTZ. SECONDED BY COMMITTEE MEMBER REISCHMANN. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR REGULAR A. Ms. Yvonne Froscher, Environmental Consultant's Report. Ms. Yvonne Froscher, Environmental Consultant, Post Office Box 195305, Winter Springs, Florida: presented her Report to the Committee Members for their review with the recommendations and revisions the Committee has made thus far. Section 5-3. Definitions Land Clearing. Replace the definition in Ordinance (2002-08) with (~ in Ms. Froscher's report; and add to the definition "Routine maintenance of undeveloped property." ~ Specimen Tree. Add definition in the Ordinance with (J in Ms. Froscher's Report; these are additional exemptions of Specimen Trees; add to definition "Structurally unsound trees that cannot be recovered by pruning." ~, Tree. Ms. Froscher added fibrous trees to this definition and to include palms. Other Advisory Board Recommendations: Ms. Froscher suggested that the City Arborist be on the Development Review Committee. The Committee agreed that numbers 2., 3., and 4. should be grouped as one when referring to giving the City Arborist more control. Tapel/Side B CITY OF W[NTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 4 OF 9 Advisory Board Recommendation 1: Section 5-4. Permit Required for Tree Removal and Land Clearing: Separate Violations; Criteria: Ms. Froscher revisited this Section of the Ordinance. Discussion. Committee Member Gary Diller recommended that (~ (~ remain in the Ordinance and called for a vote. "I MAKE A MOTION WE LEAVE ITEM (6~, AS IS IN THE ORDINANCE." MOTION BY COMMITTEE MEMBER DILLER. SECONDED BY COMMITTEE MARSHALL. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. Advisory Board Recommendation 2: Silvaculture shall be exempt; the Committee recommended to add "Document income based upon the value of a mature harvest" to this Section. Advisory Board Recommendation 3: The recommendation from the Committee was to change the word "Reasons" to "Hazard" to be consistent with the wording in the Ordinance. Advisory Board Recommendation 4: It was agreed that "He can have input" should instead be "The Forester can have input". Advisory Board Recommendation 5: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 6: "~,'~ No changes were made to the recommendation by the Committee. CITY OF W[NTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 5 OF 9 Advisory Board Recommendation 7: ' s recommendation. The Committee agreed with Ms. Froscher f"'!.~ Advisory Board Recommendation 8: ~' No changes were made to the recommendation by the Committee. O ~Z~ Advisory Board Recommendation 9: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 10: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 11. Section 5-9. Tree Replacement Guidelines: The Committee recommended that "Undue hardship" would become "Undue economic hardship". Advisory Board Recommendation 12: The Committee recommends adding "As defined by the City Comprehensive Plan" to this Section. Other Recommendations: 3) City Attorney Anthony A. Garganese spoke of researching the "Cease and desist orders" and recommended that the City Manager should have final say in a "Cease and desist order". Discussion. The Committee suggested that the City Forester be able to issue a temporary "Cease and desist order" until it is reviewed by the City Manager. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 6 OF 9 Tape 2/Side A Note: Due to technical difficulties with the tape recorder this portion of the Meeting is inaudible. Advisory Board Recommendation 15: ~ e~ Section 5-10. Prohibitions. ~°~.? ~-~ Add definition of terms to Section 5-10. to be 5-10. (~ in the Ordinance. ~ Advisory Board Recommendation 16: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 17: Section 5-13. Minimum Tree Requirement. It was agreed to change 10,000 square feet to 6,000 square feet. Section 5-15. Voluntary Tree Planting. Delete the last sentence "No tree or plant shall be planted within a City rights of way or easement without express permission from the City Forester." Advisory Board Recommendation 18: The Committee agreed with Ms. Froscher's recommendation. Advisory Board Recommendation 19: No changes were made to the recommendation by the Committee. Advisory Board Recommendation 20: The Committee agreed with Ms. Froscher's recommendation. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 7 OF 9 Advisory Board Recommendation 21: t='i No changes were made to the recommendation by the Committee. ~'~ Advisory Board Recommendation 22: The Committee agreed with Ms. Froscher's recommendation. ~~~ Advisory Board Recommendation 23: Section 5-16. Waivers and Appeals. Attorney Garganese spoke of there being only two (2) Boards who hold quasi judicial status in the City, the City Commission and the Code Enforcement Board. ~ and ~ The Committee recommended that the wording, "Beautification of Winter Springs Board" be replaced with the "Board of Adjustment". Discussion. The Committee recommended that the City Commission delegate the responsibility of Waivers and Appeals to the Board of Adjustment; and that any Board of Adjustment decisions are to be final. The Committee agreed to Ms. Frosher's following "Revision [Sec. 5-8(a)]": (a) Designation ..... Determination that a Tree is a "Historic Tree" shall be made by Resolution of the City Commission, based on a recommendation of the Beautification of Winter Springs, and the City Forester... Advisory Board Recommendation 24: It was agreed that the City Attorney will address this Item. • • AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. • • CITY OF W[NTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 8 OF 9 REGULAR C. Public Input. Mr. Al Partington, 1456 Mount Laurel Drive, Winter Springs, Florida: inquired about rules and laws concerning "Greenbelt" areas. Mr. Partington was advised to contact ~""~ Code Enforcement. Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: thanked the Committee for their work and asked about the removal of dead trees. Ms. Tackaberry was referred to Mr. Mike Mingea, City Forester/Environmental Inspector, Community Development Department for answers to her questions. Commissioner Edward Martinez Jr., 931 Old White Way, Winter Springs, Florida: suggested that the Committee recommend to the City Commission "That a Developer who has not had their plans for development approved in the time that this Ordinance goes into effect shall be required to abide by the Ordinance in place at the time the plans are approved". Commissioner Martinez then spoke about a recent development and Vested Rights. Discussion followed regarding tree replacements; grouping of trees; trees as buffers; and applications for development. REGULAR B. Review of Apuendices. Ms. Froscher then presented an updated criteria table on Tree Replacement Standards to the Committee for review and to be further discussed at the next Meeting. Ms. Froscher said that Tree Replacement Standards, Desirable Trees, and Contribution to the Tree Bank will need to be revisited at the next Meeting. Tape 2/Side B Note: Due to technical difficulties Tape 2/Side B of the audio tapes are not audible. REGULAR D. Committee Discussion. This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORIDNANCE REVIEW COMMITTEE MEETING -FEBRUARY 26, 2003 PAGE 9 OF 9 REGULAR E. Plans for Transmittal of Recommendations to the City Commission. This Agenda Item will be addressed at the Monday, March 3, 2003 Meeting. ~ ~~ IV. FUTURE AGENDA ITEMS Please see Regular Agenda Item "B". ~~ '~'.~ V. REPORTS This Agenda Item was not discussed. VI. ADJOURNMENT Ms. Crotty adjourned the Meeting at 7:30 p.m. RESPECTFULLY SUBMITTED BY DEBBIE GILLESPIE, DEPUTY CITY CLERK AND JAN PALLADINO ASSISTANT TO THE CITY CLERK Boards and Committees\Tree (Arbor) Ordinance Review Advisory Committee\alll\Minutes\022603 MEETING.doc NOTE: These Minutes were approved at the , 2003 Tree (Arbor) Ordinance Review Advisory Committee. ATTACHMENT "A" CITY OF WINTER SPRINGS ORDINANCE NO. 2002-08 -- TREE PROTECTION ORDINANCE Recommendations and Revisions Based on January 6, 2003, Advisory Board Meeting Advisory Board Recommendation: Revise definition to be less inclusive-presently includes ANY removal of ANYTHING by ANY method ANYWHERE. Revision [Sec. 5-3(k)j: (k) Land Clearing. The removal or grubbing, by any means, of any type of vegetation from undeveloped land or wetlands, except for cutting which may be required for professional land surveying activities. Grubbing shall include disturbance or removal of vegetation using backhoes, bulldozers, root rakes, or similar mechanical means. Activities governed by a Tree Removal permit are not included. On developed land, routine lawn mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal outside wetlands on developed sites shall not be defined as grubbing as long as no grade change occurs. A shrub is any woody plant with a diameter less than four (4) inches measured at Caliper. Advisory Board Recommendation: Revise to increase diameter of specimen tree size to 24" and to exclude certain species that are not healthy when they get older. Revision [Sec. 5-3(s)[: (s) Specimen Tree. A Tree, other than an undesirable tree, dead tree, or diseased tree, that is twenty- four (24) inches or more in diameter. Specimen Trees shall not include laurel oak (Quercus laurifolia), sand pine (Pinus clausa), or cherry laurel (Prunus carolinina). Advisory Board Recommendation: Revise definition to include palms which are not anatomically trees. Revision [Sec. 5-3(w)j: (w) Tree. Self-supporting wood or fibrous, perennial plants of species which have a trunk with a diameter of at least four (4) inches measured at Caliper and normally grow to an overall Crown height of a minimum of fifteen (15) feet. Other Advisory Board Recommendations: 1. The Primary and Secondary Protection Zone definitions may require revision based on their use in the ordinance and should perhaps only refer to undeveloped land. 2. The site plan review process should be the format under which the arborist reviews tree removal 3. The City Arborist should be on the Development Review Committee to have the opportunity to comment on tree removal related issues during the site plan approval process. The Land Development Code would require amending to include the arborist on the Development Review Committee. 4. The Land Development Code should refer back to the Tree Protection Ordinance. Other Comments: 1. The Contribution to the Tree Bank (Tree Replacement Assessment) and the Tree Replacement Credit are two different items. 2. At some location in the ordinance, it perhaps should be made clear that the property owner is responsible to the City for violations of the ordinance on his property-not the contractor or any other entity. 3. Planting and placement criteria should perhaps become part of this ordinance. CITY OF WINTER SPRINGS ORDINANCE N0.2002-08 -- TREE PROTECTION ORDINANCE Recommendations and Revisions Based on January 22, 2003, Advisory Board Meeting Advisory Board Recommendation: If the Ordinance is structured for developed vs. undeveloped land, definitions may be required for those terms. Revision: Advisory Board Recommendation 1: Delete Sec. 5-4(b)(6) as it is. The City and other governmental entities should be exempt from requirements of the tree ordinance. [Section 5-4 (b)(6)] Revision [Sec. 5-4(b)(6)]: Trees removed by the City and other governmental agencies for projects in the public interest. Advisory Board Recommendation 2: Silvicultural activities should be exempt. Revision [add Sec. 5-4(b)(9)J: (9) All trees planted specifically for Silvicultural purposes shall be exempt from the terms and provisions of the Chapter if a) the property owner can document income from Silvicultural activities, or b) can document registration of the site with the Division of Forestry. Advisory Board Recommendation 3: No permit fee should be required for trees which are removed for safety reasons or because the tree is diseased or damaged. Necessity to remove a tree should also include removal of Trees with severe structural defects (due to bad pruning). Revision [Sec. 5-4(c)(1)]: (1) Necessity to remove Trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services and public easements through Encroachment. If the Tree must be removed to eliminate the safety hazard or disruption of public services, no permit fee will be required. Revision [Sec. 5-4 (c)(2)]: (2) Necessity to remove Trees which pose a safety hazard to buildings and other improvements on a lot or parcel of land. No permit fee will be required for removal of a tree posing a safety hazard to buildings. Revision [Sec. 5-4 (c)(3)]: (3) Necessity to remove a) diseased Trees or b)Trees weakened by age, storm, fire, or other injury or 3) Trees with severe structural defects that pose a safety hazard to people, buildings or other improvements on a lot or parcel of land. No permit fee will be required for removal of a diseased Tree or Trees weakened by natural causes (age, fire, storm) which pose a safety hazard to people or buildings. Advisory Board Recommendation 4: The Forester should be on the Development Review Committee (DRC) so that he can have input regarding tree removal and planting during the site plan review phase of a project. Revision [Sec. 5-5 (c)(12)]: (12) To serve as a member of the Development Review Committee. Advisory Board Recommendation 5: The Forester should be responsible to educate City personnel responsible for tree trimming, planting, and maintenance. Revision [Add Sec. 5-5(c)(13)]: (13) To educate City personnel responsible for tree removal, planting and establishment, pruning, and maintenance. Advisory Board Recommendation 6: "A scale of one (1) inch equals three hundred (300) feet or greater" is likely incorrect, since as the scale increases, the drawing gets smaller. Also, one (1) inch equals three hundred (300) feet is probably not an appropriate scale for assessing tree removal on most development sites. Revision [Sec. 5-6(a)(1)]: (1) A Tree inventory consisting of a) a drawing scaled for land to be developed or b) a sketch approximately (1) inch equals fifty (50) feet or less for developed land indicating: Advisory Board Recommendation 7: Tree protection and removal should be subject to review under the DRC process. Revision [Sec. 5-6(b)(1)]: (1) All new subdivisions shall be required to submit an application for a Tree Removal or Land Clearing permit, at the time of initial submittal of the subdivision plan, to the City Forester so that due consideration may be given to protection of Trees during the subdivision design process. Each application for a Tree Removal permit shall be subject to review under the Development Review Committee process. (2) Any commercial, industrial, multi-family or other use requiring a site plan approval under the City land development regulations shall be required to submit an application for a Tree Removal and Land Clearing permit at the time of site plan submittal so that due consideration may be given to the protection of Trees during the site plan process. Each application for a Tree Removal permit shall be subject to review under the Development Review Committee process. Advisory Board Recommendation 8: Change the Specimen Tree size to be consistent with the newly recommended size. Revision [Sec. 5-8(a)]: ....Specimen Trees are all Trees (other than "Undesirable Trees" identified in Appendix A, dead Trees or diseased trees) with are twenty-four (24) inches or more in .... Advisory Board Recommendation 9: Make attaining a building permit contingent on replacement and decrease time in which replacement must occur to 30 days. Revision [Sec. 5-9(a)]: ....or such other Trees properly approved by the City Forester. Replacement shall occur prior to issuance of a certificate of occupancy. Replacement shall occur within thirty (30 days) of removal or destruction unless a greater replacement period is provided for good cause by permit. Advisory Board Recommendation 10: City should retain jurisdiction over transplanted trees for one year only. Revision [Sec. 5-9(b)(4)J: .... The City shall retain jurisdiction for one (1) year to ensure compliance with this Chapter. Advisory Board Recommendation 11: City Commission can waive the Tree Bank Contribution. Revision [Sec. 5-9(b)(5)]: (5) Waivers of Replacement Tree(s) Specifrcatrons or Tree Bank Contributions. The number...... value of the trees being replaced. The contribution to the Tree Bank may be waived by the City Commission, if a homeowner can demonstrate that he will incur undue hardship as a result of the payment. Advisory Board Recommendation 12: Trees in wetlands should not provide tree replacement credits. Revision [Sec. 5-9(b)(6)(B)]: For each tree located within a public conservation area (excluding wetlands as defined by the St. Johns River Water Management District or the U.S. Army Corps of Engineers) dedicated to the City........ Other Recommendations: 1) Provide for formats outside the ordinance (to allow flexibility) for public education regarding proper tree protection and planting (the water bill, City sponsored tree planting workshops, pamphlets to be handed out at inquiry or permit application). 2) An additional revision to other City Code may be required to allow the forester a Development Review Committee position. 3) Parameters for "cease and desist" should be defined. Procedure for appeal may not be appropriate to ensure due process. 4) A surety bond should perhaps be required to discourage blatant violations. 5) Land Clearing enforcement is not necessarily related to tree removal permits and should perhaps be moved to code enforcement. 6) A landscape ordinance may more appropriately address proper installation of replacement material. 7) A landscape ordinance may more appropriately address requirement of natural buffers at the edges of properties abutting residential development. Other Comments: 1. All permitting fees for tree removal go to the City's general fund. 2. The City Manager appoints members of the Development Review Committee (DRC) CITY OF WINTER SPRINGS ORDINANCE NO.2002-08 -- TREE PROTECTION ORDINANCE Recommendations and Revisions Based on February 3, 2003, Advisory Board Meeting Advisory Board Recommendation 13: Reference Appendix D: Calculating Tree Protection Zone and revise definition (p) to ensure a formidable barrier. Revision [Sec. 5-10(a)]: .....within the Tree Protection Zone, as calculated according to Appendix D to this Ordinance, before or during construction. Before..... Revision [Sec. 5-3(p)]: (p) Protective Barrier and Signage. Shall be a circle of 2" X 4" wide stakes spaced a maximum of eight (8) feet from each other at the perimeter of the Tree Protection Zone and which extend out of the ground at least thirty-six (36) inches, with the top four (4) inches marked with fluorescent orange paint or tape. Advisory Board Recommendation 14: Prohibit construction of walls, structures and pavement near trees of adjacent property owners. Revision [Sec. 5-10(j)]: (j) Walls, structures, and pavement shall not be placed in any way which will result in damage to roots within the Tree Protection Zones of Trees on adjacent properties. Advisory Board Recommendation 15: Provide definitions for shearing, hatracking, topping, poodle trimming (lollipop), lion tailing, palarding. Revision [Sec. 5-10(i)]: Topping, tipping, heading back and dehorning are all terms used to describe severe cutting back of a tree's crown. Lion's tailing is the "gutting out of tree by removing a large number of the inner branches so that the limbs will appear "long and slender" with a "puff' of foliage at the end. Revision [Sec. 5-10(i)J: (option 2) Trees intended for shade purposes shall be allowed to reach their mature canopy spread and shall be pruned according to the ANSI A 300 Part I Pruning standard, unless otherwise approved by the City Forester. Advisory Board Recommendation 16: The permit should be posted on the permit posting board for commercial developments and should be visible from the street for existing single family residence until completion of the work or a certificate of occupancy is issued. Revision [Sec. 5-12(d)]: (d) Permit display. The permit shall be located and maintained upon the site at all times. For commercial development the permit shall be on the "posting board" with other permits. For existing single family residences, the permit shall be displayed so as to be easily visible from the street. The permit shall be displayed until completion of the work or until issuance of a certificate of occupancy. Advisory Board Recommendation 17: Adjust the minimum number a approved Trees -rework items A through c. Revision [Sec. 5-13(a) and (b) and (c)]: (a) Any new single-family or duplex dwelling unit on a lot of lest than 6,000 square feet: not fewer than two trees. (b) Any new single-family or duplex dwelling unit on a lot equal to or greater than 10,000 square feet: not fewer than 2 trees plus 1 additional tree for each 4,000 square feet over 6,000 square feet. (c) Any commercial, industrial, multi-family or other structure requiring site plan approval under the City land development regulations: not fewer than six (6) Trees or four (4) Trees per acre, whichever is greater. Advisory Board Recommendation 18: Add "petroleum products" to "Restrictions during Construction." Revision [Sec. 5-14(a)J: (a) Restrictions During Construction. It shall be unlawful for any Person, during the construction of any structures or other improvements, to place petroleum products, solvents, paint or ......... Advisory Board Recommendation 19: Signage should be included in addition to the protective barriers, so that persons understand why the area is barricaded. Revision [Sec. 5-14(c)J: (c) Protective Barriers and Signage Required. ...........nature shall be attached to any tree. Waterproof "Protection Zone Area" signs, as shown in Appendix E and not smaller than 11" X 17", shall be posted at 100' increments along the Protective Barriers. Advisory Board Recommendation 20: The "owner" of a property should be responsible for ensuring that the Ordinance is followed. Revision [Sec. 5-14(d)]: (d) Sire Inspections. The City Forester may conduct periodic inspections of the site. It is the responsibility of the property owner to ensure that all provisions of this Chapter are met. Advisory Board Recommendation 21: Adjacent property owners should not have damage imposed onto their trees by development activities. Revision [Sec. 5-14(e)]: (e) Tree Protection on Adjacent Properties. Design and construction of structures should protect the Tree Protection Zone of Trees on adjacent properties. Advisory Board Recommendation 22: Delete the last sentence of Section 5-15, since many residents plant landscape material in the rights-of--ways knowing that it may be in jeopardy with road widenings, utility installations, etc. Revision [Sec. 5-15]: .....under this Chapter. Advisory Board Recommendation 23: The Beautification Board of Winter Springs is perhaps the most appropriate entity to grant waivers and oversee appeals rather than tree issues dominating City Council time. Revision [Sec. 5-16(a) and (b)]: (a) Waivers. The Beautification Board of Winter Springs may grant a waiver.... (b) Appeals. Any Person adversely affected by an administrative interpretation of this Chapter may appeal that interpretation to the Beautification Board of Winter Springs by filing a written notice of appeal of said interpretation within thirty (30) days of said interpretation. Failure to file an appeal within said time period shall result in the administrative interpretation to be declared final. The Beautification Board of Winter Springs shall decide said appeal within thrity (30) days of the City's receipt of said notice of appeal and the Ciry Commission's decision shall be final. Revision [Sec. 5-8(a)]: (a) Disignation. ........Determination that a Tree is a Historic Tree shall be made by resolution of the City Commission, based on a recommendation of the Beautification Board of Winter Springs, and the City Forester..... Advisory Board Recommendation 24: The Advisory Board requested guidance on who established the penalties, who levies the penalties-section 5-18 may require more clarification on process. Revision [Sec. 5-18(c)J: ~~~~~~~