HomeMy WebLinkAbout2003 03 03 Yvonne Froscher's Final Report
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CITY OF WINTER SPRINGS
ORDINANCE N0.2002-08 -- 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)[: L~-~c,~ C-l1 C~~ r,c.~ } 5~~•~~~ ~ S "1a ~l ~ •-~ ~,~
(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 backl
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
landscape material, shrub pruning, and shrub removal outside wetlands on developed sites shz
be defined as grubbing as long as no grade change occurs. o y p ant '
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)J:
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(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
Ia~rrifolia), sand pine (Pinus clausa), or cherry laurel (Prunus carolinina).
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Advisory Board Recommendation: Revise definition to include palms which are not anatomically trees.
Revision [Sec. 5-3(w)]:
(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 NO.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)]:
(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.
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-ytl Advisory Board Recommendation 3: No permit fee should be required for trees which are removed for
D easons 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. 'Sp~~
„~/ 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 JAdd 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 JSec.S-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 JSec. 5-6(b)(1)J:
(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.
~evision [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 ....
rojrAdvisory Board Recommendation 9: Make attaining a building permit contingent on replacement and
decrease time in which replacement must occur to 30 days.
Revision JSec. 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)]:
. 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) 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 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
C` ~ ~ River Water Management District or the U.S. Army Corps of Engineers) dedicated to the City........
Other Recommendations: ~L ~v l'rl~t, ~.SQc 1'C.~
!`~~ '~,p 1) Provide or s outside the ordinance (to allow flexibility) for public education regarding
P' / , proper tree protection and planting (the water bill, City sponsored tree planting workshops,
pamphlets to be handed out at inquiry or permit application).
An additional revision to other City Code may be required to allow the forester a Development
eview Committee position.
3) arameters for "cease and desist" should be defined. Procedure for appeal may not be appropriate
o ensure due process.
~,~/~ 4) A surety bond should perhaps be required to discourage blatant violations.
O 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)]:
Q .within the Tree Protection Zone, as calculated according to Appendix D to this Ordinance, before or
during construction. Before.....
Revision [Sec. 5-3(p)J:
n (p) Protective Barrier and &gwRge. 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
~ithin 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)[: (option 2)
rees intended for shade purposes shall be allowed to reach their mature canopy spread and shall be pruned
~ccording to the ANSI A 300 Part 1 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
~lcompletion 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)]:
-tea) Any new single-family or duplex dwelling unit on a lot of lest than 6,000 square feet: not fewer than two
trees.
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(b) Any new single-family or duplex dwelling unit on a lot equal to or greater than 1'6;00 square feet: not
fewer than 2 trees plus 1 additional tree for eac]y4,000 square feet over 6,000 square feet.
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(c) Any commercial, industrial, multi-family or other str ~ure 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)]:
f~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 .........
dv~sory Board Recommendation 19: Signage should be included in addition to the protective barriers,
~~.
J Advisory Board Recommendation 20: The "owner" of a property should be responsible for ensuring that
the Ordinance is followed.
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.
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.
O 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. 5-15J:
.....under this Chapter. ~Ie-tre
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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)J:
(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
Q~r shall result in the administrative interpretation to be declared final. The Beautificar~~n n~~r~ ~f ~aJinter
~' .urines shall decide said appeal within thrity (30) days of the City's rec ipt of said notice of appeal and the
City Comm~ss~on s decision shall be mai.
U Revision [Sec. 5-8(a)]:
i~, (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)]:
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