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HomeMy WebLinkAbout2003 03 03 Approval of the March 3, 2003 Regular Meeting MinutesCITY OF WINTER SPRINGS `~ MINUTES ~ TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE a, MEETING F M MARCH 3, 2003 ~~ t.:~"~ .~:._~ I. CALL TO ORDER ~ • The Tree (Arbor) Ordinance Review Advisory Committee Meeting was called to order on Monday, March 3, 2003 at 5:05 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, present Committee Member William Reischmann, absent Ms. Marilyn Crotty, University of Central Florida, Florida Institute of Government, 36 West Pine Street, Orlando, Florida: said "Tonight basically, what we need to do is finish up Ms. [Yvonne] Froscher's Report; our reactions and recommendations; and that specifically dealt with three areas (charts) that Ms. Froscher had presented last time that we did not have a chance to go over, question, and see if we approve them." •3• AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED TOGETHER AS DOCUMENTED. • • II. REGULAR REGULAR A. Ms. Yvonne Froscher, Environmental Consultant's Report. REGULAR Al. Table 1 -Tree Replacement Standards. REGULAR A2. Appendix B -Desirable Trees. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING -MARCH 3, 2003 PAGE 2 OF 7 REGULAR A3. Contribution To Tree Bank. Ms. Yvonne Froscher, Environmental Consultant, Post Office Box 195305, Winter Springs, Florida: spoke of revising her Report by renumbering the Committee's recommendations "And those with an `A' are those that had minor revisions based on your [Committee Members] input last week. Ms. Froscher presented her Report to the Committee Members for review. Advisory Board Recommendation la: Revision [Sec. 5-3(k)]: The Committee agreed to remove the first sentence; begin the second sentence with "Land Clearing and Grubbing"; and modify the last sentence by including "This does not prohibit routine lawn mowing, sod replacement, planting of landscape materials, shrub pruning, or shrub removal as long as no great change occurs." Advisory Board Recommendation 2a: The Committee accepted the Recommendation. Advisory Board Recommendation Sa: The Committee accepted the Recommendation. Advisory Board Recommendation 6a: It was agreed to remove "(due to bad pruning)". Advisory Board Recommendation 6a: The Committee accepted the Recommendation. Advisory Board Recommendation 9a: ~- ,~~~ ,J~ ~"~.~ ~~ D "'e,",!y ~Z~ The Committee agreed to insert "(For the portion of property to be developed)" in the third line following "Residential land". C[TY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING -MARCH 3, 2003 PAGE 3 OF 7 Advisory Board Recommendation 14a: The Committee accepted the revised Recommendation. Advisory Board Recommendation 16a: The Committee accepted the revised Recommendation. Advisory Board Recommendation 17a: In Revision [Section 5-3(p)] Ms. Froscher said that she had replaced the word "Circle" with "Polygon". Advisory Board Recommendation 19a: Ms. Froscher noted that in Revision [Sec. 5-3(p)] the words Shearing, hatracking, topping, poodle trimming (lollipop), lions-tailing, and pollarding in the first line should be italicized. Next, Ms. Froscher said that she "Added another Item, Item (j) Shade Pruning" which she read to the Committee. Brief discussion. The Committee agreed that in the definition of shearing the words "That look like Christmas evergreens" should be removed completely; and the sentence should begin "Shearing is typically accomplished ..." Discussion. Advisory Board Recommendation 20a: The Committee accepted the revised Recommendation. Advisory Board Recommendation 21 a: It was noted by Ms. Crotty that Revision [Section 5-13(a) and (b) and (c)] the word "lest" should be "Less". Advisory Board Recommendation 27a: ~""C~ O ,t.~i C~ Ms. Crotty informed Ms. Froscher that there is no "s" on the end of the Board of Adjustment and should be removed. Ms. Froscher agreed to make that change. C-TY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING -MARCH 3, 2003 PAGE 4 OF 7 Next Ms. Froscher said, "That takes care of all the changes to this Advisory Board's G'~ Recommendations." ~_ ~"~ Discussion followed regarding Ms. Froscher's Recommendation, Sec. 5-5. (5) should be ~..~ moved and inserted in "Advisory Board Recommendation 7a:" as it was the Committee's Recommendation. C~ ~!"~ Ms. Froscher asked the Committee to consider her recommendation to amend Section 5- ~~ 2. (b~. Intent and Purpose: to add the words "And removal ofnon-native trees." Ms. Crotty asked if the Committee "Wants to take some action on amending the Intent 5.2, to add that language." Committee Member Carol Fottler replied, "We should get rid of some of the exotic ones because they take over everything else. Maybe we want to refer it back to Appendix `A. "' Ms. Crotty said, "The language now says the intent is to encourage the protection of trees native to Florida and what Yvonne [Ms. Froscher] is suggesting is to add `And encourage proper removal of exotic pest trees. "' Additionally Ms. Crotty said, "So that can then move into the body of the Ordinance in the appropriate section." Discussion. Tape 1/Side B Discussion followed regarding the Appendices in Ordinance 2002-08 and alternatives suggested by Ms. Froscher. Ms. Crotty asked the Committee, "The question before this group is when we approve Appendix "B", which is a list of desirable trees do we want to limit it to only the native trees on the shorter list and those are trees that get credit when you replace or trees that you've taken out? Or do we want to leave some wider options and include some trees that are not noxious but are not native?" Discussion. "I MOVE -FOR THE REVISION OF THE ORDINANCE THAT WE ARE GOING TO RECOMMEND TO THE CITY COMMISSION THAT WE USE APPENDIX `B' FOR NATIVE TREES ONLY." MOTION BY COMMITTEE MEMBER GILTZ. SECONDED BY COMMITTEE MEMBER DILLARD. DISCUSSION. THE MOTION DID NOT PASS DUE TO A LACK OF CONSENSUS BY THE COMMITTEE. MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING -MARCH 3, 2003 PAGE 5 OF 7 "I WOULD LIKE TO MAKE A MOTION THAT WE USE THE LONGER OF THE TWO (2), THE ONE THAT HAS THE NON-NATIVE AS WELL, BUT FOR EVERY NON-NATIVE WE HAVE ONLY AONE-TO-ONE RATIO THAT WAY IT GIVE5 US FLEXIBILITY." MOTION BY COMMITTEE MEMBER FOTTLER. SECONDED BY COMMITTEE MEMBER OLIVER. DISCUSSION. Tape 2/Side A MS. GROTTY SAID, "ALL THE QUESTIONS HAVE BEEN ANSWERED I THINK WE CAN GO BACK TO THE MOTION THAT IS WE APPROVE THE EXPANDED LIST THAT INCLUDED SOME NON-NATIVE TREES BUT WE LIMIT THE CREDIT FOR ANY NON-NATIVE TREES AND THOSE ARE THE ONES THAT ARE NOT BOLTED TO A ONE-TO-ONE RATIO." WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. Ms. Crotty reiterated that part of the recommendation the committee is to eliminate Appendix "C". Ms. Froscher suggested to the Committee that Sec. 5-6. (~ be replaced with her recommendation. Brief discussion. The Committee decided that Sec. 5-6. (a) in Ordinance Number 2002-08 would remain as it currently reads in their recommendations and that Ms. Froscher would add a separate list of her own recommendations to give to the City Commission. Sec. 5.6. (b) (4). Time for Application. The Committee agreed to add (4) to the Ordinance as a new item in this Section and to insert "Per lot." to the end of the second sentence. Sec. 5-5. (5). It was agreed that the word "Persons" should be "Property Owner". Sec. 5-9. Ms. Crotty noted that in this Section, subsections (a) through (k) should be numbered. It was also agreed that the last sentence should be removed in (b). (g) It was approved by the Members that twenty-five percent (25%) would become twenty percent (20%). Discussion followed regarding buffers. F-v 0 C d Due to the limited amount of time, the Committee agreed that the rest of Ms. Froscher's recommendations in her document would be presented to the City Commission by her. CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING -MARCH 3, 2003 PAGE 6 OF 7 ;~ REGULAR B. Public Input. Ms. Beth Hollenbeck, 633 Murphy Road, Winter Springs, Florida: expressed her thanks to the Committee for their "Hard work." '~ Ms. Sharon Tackeberry, 634 Cheoy Lee Circle, Winter Springs, Florida: also thanked Ci~ the Committee and spoke of her concerns about buffers. REGULAR C. Committee Discussion -Finalize Changes To Ordinance (2002-08). Ms. Crotty informed the Committee of the process for the recommendations to be presented to the City Commission. Tape 2/Side B REGULAR D. Plans For Transmittal Of Recommendations To The City Commission. Ms. Crotty requested a Motion to appoint a Committee Member to be their Representative before the City Commission. "I AM GOING TO VOLUNTEER FOR COMMITTEE MEMBER BILL REISCHMAN - WITH COMMITTEE MEMBER FOTTLER AS AN ALTERNATIVE." MOTION BY COMMITTEE MEMBER GILTZ. SECONDED BY COMMITTEE MEMBER OWEN. DISCUSSION. WITH CONSENSUS OF THE COMMITTEE, THE MOTION WAS APPROVED. MOTION CARRIED. Discussion ensued regarding the format of the document and that the Committee's recommendation and Ms. Froscher's recommendations should be separate documents. Ms. Crotty noted that recommendations from the Committee "Outside our peripheral" were a Landscaping Ordinance; the City's needs to establish an expanded educational program for its Citizens, Developers, and Employees; that buffer requirements need to be established; and the need to clarify the penalties. Ms. Froscher agreed to send the Final Report to Ms. Crotty and the Members of the Committee. Ms. Crotty said that she would prepare an outline for the presentation to the City Commission. Ms. Crotty asked for a Motion for final "Approval of all of our actions since we started this process in November." CITY OF WINTER SPRINGS MINUTES TREE (ARBOR) ORDINANCE REVIEW ADVISORY COMMITTEE MEETING -MARCH 3, 2003 PAGE 7 OF 7 "SO MOVED." MOTION BY COMMITTEE MEMBER DILLER. SECONDED ~~ BY COMMITTEE MEMBER MEAGHER. WITH CONSENSUS OF THE i•~'" COMMITTEE, THE MOTION WAS APPROVED. MOTION PASSED. ~,,. O "e'==a IV. FUTURE AGENDA ITEMS t'~ This Agenda Item was not discussed. V. REPORTS This Agenda Item was not discussed. VI. ADJOURNMENT Ms. Crotty adjourned the Meeting at 7:27 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\030303 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 la: Revise definition to be less inclusive-presently includes ANY removal of ANYTHING by ANY method ANYWHERE. Revision [Sec. 5-3(k)]: Ltr~°( ~1 (k) Land Clearing. The remo 1 or grubbing, by any means, of any type of vegetation from undeveloped land or w lands, except for cutting which may be required for professional land surveying activities rubbing shall include disturbance or removal of vegetation using backhoes, bulldozers, root rakes, or similar mechanical means which may kill trees or damage their roots, branches or trunks. Activities governed by a Tree Removal permit are not included. On residentially zoned land where the principal residential structure has been previously permitted or is under construction, routine lawn mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal shall not be defined as grubbing as long as no grade change occurs. ~ Advisory Board Recommendation 2a: Revise to increase diameter of specimen tree size to 24" and t_o--~ 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, structurally unsound tree that cannot be recovered by pruning, 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 3a: Revise definition to include palms which are not anatomically trees. Revision ]Sec. 5-3(w)]: (w) Tree. Self-supporting wood, 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 (] 5) feet. Cabbage palms greater than fifteen (15) feet tall. Other Advisory Board Recommendations a: 1. The site plan review process should be the format under which the arborist reviews tree removal 2. 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. 3. 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 NO.2002-08 -- TREE PROTECTION ORDINANCE Recommendations and Revisions Based on January 22, 2003, Advisory Board Meeting Advisory Board Recommendation 5a: Silvicultural activities should be exempt. Revision [add Sec. 5-4(b)(9)]: (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 representing income from harvest of planted mature trees of typical harvestable size and type, or b) can document registration of the site as a silvicultural site with the Division of Forestry. Advisory Board Recommendation 6a: No permit fee should be required for trees which are removed because they are a safety hazard 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 7a: The Forester should be on the Development Review Committee (DRC) so that the Forester 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 8: 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 9a: "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)(ll)]: (1) A Tree inventory consisting of a) a scaled drawing (1) inch equals fifty (50) feet or less for undeveloped land or b) a sketch approximately (1) inch equals fifty (50) feet or less for developed single family residential land less indicating: Advisory Board Recommendation 10: Tree protection and removal should be subject to review under the DRC process. Revision [Sec. 5-6(b)(1) and (2)]: (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 11: 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 12: 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 13: City should retain jurisdiction over transplanted trees for one year only. Revision [Sec. 5-9(b)(4)]: .... The City shall retain jurisdiction for one (1) year to ensure compliance with this Chapter. Advisory Board Recommendation 14a: City Commission can waive the Tree Bank Contribution. Revision [Sec. 5-9(b)(5)]: (5) Waivers of Replacement Tree(s) Specifications 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 economic hardship as a result of the payment. Advisory Board Recommendation 15: Trees in wetlands should not provide tree replacement credits. Revision [Sec. 5-9(b)(ti)(B)]: For each tree located within a public conservation area (excluding wetlands as defined by the St. Johns River Water Management District, the U.S. Army Corps of Engineers, or on Map _ of the Comprehensive Plan) dedicated to the City........ Advisory Board Recommendation 16a: Sec. 5-9(e) should be 5-9(c). Costs should be the responsibility of the property owner. Revision [Sec. 5-9(c)]: (c) Replacement Cost. The property owner shall be responsible for incurring the cost of replacing the Trees. . 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 N0.2002-08 -- TREE PROTECTION ORDINANCE Recommendations and Revisions Based on February 3, 2003, Advisory Board Meeting Advisory Board Recommendation 1'7a: 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. Shall be a polygon 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 18: 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 19a: Provide definitions for shearing, hatracking, topping, poodle trimming (lollipop), lions-tailing, pollarding. Revision [Sec. 5-10(i)]: (i) Shearing, hatracking, topping, poodle trimming (lollipop), lions-tailing, pollarding of Trees. Inappropriate pruning techniques shall not be used on Trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a permit by demonstrating necessity or without a permit in times of emergency only. Following are excessive pruning techniques not allowed on shade Trees: Lions-tailing is the improper practice of removing most secondary and tertiary branches from the interior portion of the canopy leaving most live foliage at the edge of the canopy. Topping, hatracking, stag heading, de-horning, lopping, and rounding over all refer to the improper practice of reducing tree size by making heading cuts through a stem more than 2 years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps decay in the cut stem. Pollarding is a pruning technique that removes sprouts back to the same location annually or biannually maintaining a tree at a specified height. Shearing is typicall is accomplished with cuts made thro ood less than one year old at the sides of the canopy to create uniform dense canopies~hat-lvc~ ' ~ns,.._ Poodle trimming combines shearing and removing lower limbs create tree forms that look like "lollipops." Revision [Sec. 5-10(j)]: (j) Shade Tree Pruning. Trees intended for shade purposes shall be allowed to reach their mature canopy spread and shall be pruned 1) in accordance with the ANSI A 300 Part 1 Pruning standard and ANSI Z 133.1 safety standard. Specification, 2) according to defined pruning objectives, 3) according to a specific pruning plan to accomplish the objectives including the minimum and/or maximum branch size to be removed. Advisory Board Recommendation 20a: 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 final inspection or until issuance of a certificate of occupancy. Advisory Board Recommendation 21a: Adjust the minimum number of approved Trees -rework items A through c. Revision [Sec. 5-13(a) and (b) and (c)]: 'lJ"" (a) Any new single-family or duplex dwelling unit on a lot of st han 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 6,000 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 22: Add "petroleum products" to "Restrictions during Construction." Revision [Sec. 5-14(a)]: (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 23: Signage should be included in addition to the protective barriers, so that persons understand why the area is barricaded. Revision [Sec. 5-14(c)]: (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 24: The "owner" of a property should be responsible for ensuring that the Ordinance is followed. Revision ]Sec. 5-14(d)]: (d) Site 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 25: 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 26: 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 27a: The Beautification Board of Winter Springs or Board of Adjustment~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 Winter Springs Board of Adjustment may grant a waiver.... (b) Appeals. Any Person adversely affected by an administrative interpretation of this Chapter may appeal that interpretation to the Winter Springs Board of Adjustment~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 Winter Springs Board of Adjustment shall decide said appeal within thrity (30) days of the City's receipt of said notice of appeal and the Winter Springs Board of Adjustments' decision shall be final. 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 Board of Winter Springs, and the City Forester..... Advisory Board Recommendation 28: 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)]: Froscher Recommendations: Omit Appendix C, Preferred Plant List Section 5-2. Intent (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. REASON: adverse effects on Florida's biodiversity and ecosystems, (Meleleuca, Brazilian pepper); habitat loss, impacts on endangered species via habitat loss; socioeconomic impacts of certain plants (increased fires, lack of fires) Some species are prohibited by the Florida Department of Environmental Protection, some are listed as noxious weeds by the Florida or United States Departments of Agriculture. Sec. S-3. Definitions (m) Preferred Plant List. Preferred Plant List shall mean the list of plant materials and corresponding Tree Replacement Credit shown in Appendix "B", which may be amended from time to time by the City Manager in writing. Sec. 5-~~rmit Required for Tree Removal and Land Clearing; Separate Violations; Criteria (a) The permit application shall contain at a minimum: 1. A tree removal permit fee of an amount established by the City Commission. 2. 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. 3. Valid reason for removal of each tree shown to be removed. 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. Locations of trees preserved for replacement credit. 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 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. (b) Time for Application.... (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 k permitted removal), as determined by the Cit Arborist or his representative, apermit for `~p removal o in le tree will be granted for~ny tree with less than 24" at Caliper one time n9N `..f'--Sn yl~e ery 10 years.~f less than fifty percent (50%) canopy will remain, as determined by ~ the City Arborist or ~s designee, planting of Replacement Trees, Preferred Trees, or a Tree Bank Contribution 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. (d) Required Removal of Undesirable 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, where practical, 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. j ' 3 ~s,,,y~/~ Y~ Sec. 5-5. City Forestry Office i (5) To issue cease and desist work orders upo ers s n violations of this Chapter for a period of two working days. Upon review of the violation y the City Manager or his designee, the City Manager or his designee may extend the cease and desist work order until the project is in compliance and all incurred fines have been paid. REASON: The Forester is the person closest to the on-site activities to know whether violations of a permit are occurring or if a permit has not been attained by the property owner. 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 ar°'°^~°a D1^^* T ~°* 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 be selected from rrtade Appendix B, Desirable Trees; or (2) otherwise agreed upon by the City Commission and applicant. Repl er me easements shall not exceed mature height of 2__5'~_. (c) ~ Qualit~of Replacement 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) (f) Transplanting and Maintenance Requirements. All Trees transplanted pursuant to this ordinance shall be maintained in a healthy, living condition. Any such Tree which dies shall be replaced and maintained by the property owner. The City shall retain perpetual jurisdiction to ensure compliance with this Chapter. (g) (h) Requirement for Diversity If more than 10 replacement trees are required not more than twenty percent (20%) shall be of a single s ecies. (i) 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. (j) Waivers of Replacement Tree(s) Specifications and Tree Bank Contributions. The number of required 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 Chanter 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 replacement 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 $250 per Replacement Credit not satisfted by planting of Trees. (k) Replacement Credit. Replacement. Credits may be attained by two methods for new construction on commercial, industrial, or multifamily. Trees listed in Appendix A, Undesirable Trees may not be counted for replacement credit. ~o (a) For any new construction and 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, utility and drainage easements, and existing conservation easements. The applicant shall be responsible for protection of preserved trees according to Sec. 5-14. ~b 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 City 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. Sec. 5-18 Enforcement; Penalties (2) Each inch in caliper of each Tree removed without a permit are not properly installed or properly maintained on site as required by this ordinance...Fine not to exceed $ 2,000.00 per inch. (4) Each day in which trees are not properly installed or properly maintained on site as required by this ordinance...Fine not to exceed $5,000.00 per day. ,~ ~. City of Winter Springs Ordinance No. 2002-08 TABLE 1: TREE REPLACEMENT STANDARDS DBN of Protected Tree Number of Replacement Canopy Trees Required for Bach Tree Removed Number of Replacement Preferred Plant Small Trees Required for Each Tree Removed Contribution to Tree Bank I I ~' I! Preferred Plant ~~ or 1 or w/Credits _ ~ ' __ _- - _ nor I ', Preferred Plant I, or 2 I ' w/Credits ~ ~ I~I Preferred Plant Not allowed I I w/Credits -~ _ __ -+ - - - -_ l !, ~ Preferred Plant _ ~ _ Not allowed ~! w/Credits ~' ~ _~ To Be Preserved _I To Be Preserved _..------_ _ ~ __ - ---- _ - -- -a - _ - - -- -._ I ~ - _ -_ ', -- - ! _ ', Wholesale cost of 1 Replacement Tree plus ', $100.00 installation establishment fee for each _ ~ plant --- -- _ _- iWholesale cost of 2 Replacement Trees plus 'I $200.00 installation establishment fee for each plant _ Wholesale cost of 3 Replacement Trees plus ~$300~00 installation/establishment fee Wholesale cost of 4 Replacement Trees plus $400.00 installation/establishment fee -- To Be Preserved T _ _ __ _ ~ - __ _ -- - i --- -- - - -- II E treeord1.xlsrplcmt (3) 1