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HomeMy WebLinkAbout2003 11 12 Attached Distributed During Meeting (4)Date: November 12, 2003 ATTACHED DISTRIBUTED DURING MEETING 'i r ORDINANCE N0.2003-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES ENTITLED TREE PROTECTION AND PRESERVATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7 provides "It shall be the policy of the State to conserve and protect its natural resources and scenic beauty"; and WHEREAS, the City Commission is committed to preserving and enhancing green areas of the City and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and the installation of new trees in the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting sites and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, in furtherance of the public purpose and interests stated herein, the City Commission adopted a new Tree Protection and Preservation Ordinance on Apri18, 2002; and WHEREAS, for purposes of reviewing, and possibly improving, the new Tree Protection and Preservation Ordinance, the City Commission appointed a tree committee made up of several City of Winter Springs' residents ("Committee"); and WHEREAS, the City Commission also appointed a technical advisory staff to assist the Committee in making a recommendation to the City Commission; and WHEREAS, after careful deliberation and numerous public meetings, at which the public was afforded the opportunity to provide input and recommendations, the Committee prepared a detailed written report outlining numerous proposed modifications of the Tree Protection and Preservation Ordinance; and City of Winter Springs Ordinance No, 2003-22 Page 1 of 24 WHEREAS, the City Commission has reviewed the written report presented by the Committee and hereby finds that the current Tree Protection and Preservation Ordinance should be revised in order to improve the manner in which the City preserves and protects the tree canopy within the City and to promote a more aesthetically and environmentally pleasing community; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 2. Chapter 5 Amended. Chapter 5 of the City of Winter Springs Code is hereby amended to read as follows: (Underlined type indicates additions and strrkcoYrt type indicates deletions from Chapter 5.) CHAPTER 5 -TREE PROTECTION AND PRESERVATION Sec. S-1, Applicability. This or<Iin~nce Chapter shall be applicable to all land lying in the incorporated area of the City of Winter Springs, Florida. Sec. 5-2. Intent and Purpose. (a) Purpose. The purpose of this Chapter is to establish protective regulations for Trees within the City in order to maintain and protect the City Forest, to better control problems of flooding, soil conversation, air pollution and noise, and to make the City a healthier, more attractive and safer place in which to live. (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. To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any Tree or other vegetation as covered by the provisions of this ordinance Chapter except in accordance with the provisions set forth herein. City of Winter Springs Ordinance No. 2003-22 Page 2 of 24 Notwithstanding, incase of emergencies involving natural disaster such as, but not limited to, flood, freeze or other natural disasters, the requirements of this nrdnrance Chanter may be temporarily waived by the City Commission by resolution. Sec. S-3. Definitions. As used in this Chapter, the following terms shall have the meanings indicated unless the context cleazly indicates otherwise: (a) Caliper. Measurement of Tree eight f $j twelve 12 inches from soil level. (b) City. The City of Winter Springs, Florida. (c) City Forest. The aggregate of all street Trees and all park Trees. (d) Crown. The mass of branches, twigs and leaves at the top of a Tree, with particulaz reference to its shape. (e) DBH. Diameter of trunk at breast height, (approximately four and one-half (4 %z) feet from the ground of a Tree base). (f) Desirable Trees. Trees particularly adaptive to Central Florida identified as "desirable trees" in Appendix B of this Chapter, as may be amended by the City Manager or Ci Commission. (g) Dripline. The vertical line running through the outermost portion of the Tree Crown extending to the ground. (h) Encroachment. The protrusion into a vehicular accessway, pedestrian-way, or required landscape area. (i) Heavy Machinery. Mechanical Land Clearing, earth-moving, or earth-working equipment with a gross weight in excess of 5,000 pounds. For purposes of this ordirrurce Chapter, all machinery which utilizes steel tracks for traction shall be considered to be Heavy Machinery, regardless of weight. (j) Historic Tree. A Tree which has been found by the City Commission to be of notable historic interest to the City based on its age, species, size, historic association or unique characteristics. (k) Land Clearing nubbin .The disturbance or removal of vegetation using backhoes bulldozers, root rakes, or similar mechanical means which may kill trees or dama a their City of Winter Springs Ordinance No. 2003-22 Page 3 of 24 . , ~. roots, branches, or trunks, Routine lawn mowing, sod replacement panting of landscape material, shrub prunin¢, and shrub removal shall not be considered land clearing and grubbing.provided no grade change occurs > , l~ (1) Person. Any individual, firm, corporation, partnership, joint ventuxe association, principal, trustee, municipal corporation, political subdivision, or special district, or any agent or representative thereof. (m) Preferred Plant/Tree £~st. Preferred Plants shall mean the plant materials listed in appendix B: Desirable Trees and shall be of the size specified in the column labeled "Preferred Plant Size/Minimum Height," ", which maybe amended from time to time by the City Manager in writing. (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. (o) Protected Area. An area surrounding a protected, Historic, or Specimen Tree within which physical intrusion is prohibited in order to prevent damage to the Tree, roots and soil around the Tree base, the dimensions of which shall be established by the City and set forth in the Tree Removal permit, in according with Section 5-14. (p) Protective Barrier. Shall be a polygon of 2" X 4" wide stakes - ro~~rclcstxkcs 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 thi -six 36) inches, with the top ~r~cr(2j-to four (4) inches marked by flourescent orange paint or tape. (q) Replacement Trees. Replacement Trees shall at a minimum comply with the provisions of Subsection 5-9. (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. (~ Silviculture. A process following acceptable forest mans ement rinciples whereby the crops constituting forests are tended harvested and reproduced City of Winter Springs Ordinance No. 2003-22 Page 4 of 24 i (st) 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 has a caliper of twenty-four (z9 24) inches or more in diameter. Specimen trees shall not include laurel oak (Quercus laurifolial, sand pine (Pinus clausal or the laurel Prunus caroliniana„Z (t-u) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots. (v) Transplant. The act of relocating an existing Tree upon the same lot. (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 (15) feet. Cabbaee palm ereater than fifteen (151 feet tall (x) Tree Protection Zone. Shall mean that azea located around the perimeter of the Tree in which no activity such as clearing, filling, excavating, storage of materials, pazking of vehicles, or any other activity that in the opinion of the Forester may damage the Tree may occur. This zone is calculated according to Appendix C ~-to this 6rdurance Chapter. (y) Tree Removal. Shall mean any act which will cause a Tree situated on real property to die within a period of two (2) years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrading around the base of the Tree Trunk. (z) Tree Replacement Assessment. Tree Replacement Assessment shall mean the total amount of monetary compensation owed to the City of Winter Springs ma be re aired b~ as pm~ecl-in this Chapter for the replacement of trees cut, destroyed, or removed as a result of development or redevelopment. (aa) Tree Replacement Credit. The Tree Replacement Credit shall be established by the Citv Commission and set forth in Appendix B • Desirable Trees - (bb) Tree Trunk. The main Stern of a Tree apart from limbs and roots. (cc) Undesirable Trees. All types ofTrees identified as "undesirable trees" in Appendix A of this Chapter as amended from time to time by the City Manager in writing. City of Winter Springs Ordinance No. 2003-22 Page 5 of 24 Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations; Criteria; Contractor Permit Required. (a) Permit Required. No Person shall engage in Tree Removal or engage in Land Clearing located within the City, without first obtaining a permit as provided in this Chapter. If as propertv owner has retained a contractor to perform the Land Clearing or Tree Removal the contractor shall be responsible for obtaining the permit required by this Chapter prior to the Land Clearing; or Tree Removal. It shall be a separate violation of this Chapter for each Tree removed and each day a person is engaged in Land Clearing without a permit. (b) Criteria. Upon receipt of a completed application and verification on-site by the City Forester, a permit may be issued for Tree Removal under anv one of the following conditions: (1) Trees located on building and construction sites as shown on City approved plans, provided said Trees are replaced elsewhere on the property in accordance with §5-9 of this Chapter. (2) Trees located within ten (10) feet of a structure or other improvement, provided said Trees are replaced elsewhere on the property in accordance with § 5-9 of this Chapter. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public n#i~l~itres infrastructure and facilities. (5) Undesirable Trees, per Appendix A. (6) Trees removed by the City or other governmental agency and which are located within a public road, drainage rights-of--way, or permanent utilities and drainage easements. (7) Trees that have been approved by the City Forester and which shall be replaced elsewhere on the property. (8) All Trees and plants, within a licensed Tree nursery, planted for harvest shall be exempt from the terms and provisions of this Chapter only if Trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (c) Review Standards. When making a determination on whether a Tree meets one of the conditions set forth in Section 5-4 (b) and therefore whether to approve or deny an City of Winter Springs Ordinance No. 2003-22 Page 6 of 24 application under this Chapter, the City Eorestcr shall apply one (1) or more of the following standards of review deemed relevant: (1) Necessity to remove Trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services amt or a significant obstacle to accessing and utilizing public easements and rights-of-way. (2) Necessity to remove Trees which pose a clear and obvious safety hazazd to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or u lp ifts in pavement, sidewalks and non-occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard (3) Necessity to remove diseased Trees or Trees weakened by age, storm, fire or.other injury or Trees with severe structural defects that pose a cleaz and obvious safety hazard to people, buildings or other improvements on lot or parcel of land. (4) The extent to which Tree Removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (5) Any proposed landscaping including plans whereby the applicant has planted or will plant Trees to replace those that are proposed to be cleared. (6) Topography of the land and the effect of Tree Removal on erosion, soil retention and the diversion or increased flow of surface water. (7) Good forestry practices, such as the number of healthy Trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (8) Necessity to remove Trees in order to construct approved and permitted improvements to allow economic enjoyment of the property, including: (A) Need for access azound the proposed structure for construction equipment (maximum often (10) feet). (B) Need for access to the building site for construction equipment. (C) Essential grade changes. (D) Need for locating street orroadrights-of--way, utilities, drainage ways, as well as the need to provide reasonable use and property access. City of Winter Springs Ordinance No. 2003-22 Page 7 of 24 (9) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (10) The species and size of the Trees proposed for removal. (11) The following factors shall also be considered: (A) Trees forming the current canopy. (B) Preservation of the next generation of Trees. Silviculture exemption. All trees slanted specifically for silvicultural purposes shall be exempt from the provisions of this Chaptp er provided the propertv owner can provide documentation to the City evidencin tg hat• The propertv is registered as a silvicultural site with the Division of Forestry and ~2,) Trees of tvaical harvestable size and type exist on the pro ~erty which are capable of being harvested for income and that the propertv owner has or intends to enerate income from the harvested trees. ~ ContractorLicense Required • Contractor ObtainingPermits AnYperson or entit}~engaged m the business of Tree removal or pruning shall be licensed b the City on an annual basis Licenses maybe obtained from the Cit~v completing an application prepared by the City and paving the required license fee The license application shall contain at a minimum the name, address, and telephone number of the contractor and a copy of the contractor's occupational license and proof of liability and workers' compensation insurance It shall be unlawful for any person or entity to engage in the business of Tree removal or pruning within the City of Winter Springs without a license required under this subsection It shall also be unlawful for any such person or entity to fail to obtain a permit on behalf of a prope owner pursuant to Section 5-4(a) of this Cha ter Sec. 5-5. City Forestry Office. (a) Establishment of Office. There is hereby created within the Department of Community Development, the Office of City Forestry. The Community Development Director shall head this office and the City Manager shall appoint one (1) or more employees of the department to act in the capacity of Forester for the City. (b) Scope of Authority. The City Forester shall be charged with the responsibility and authority to review and oversee all activities within the City limits which involve Tree Removal, Land Clearing, or danger to and by any Tree. Notwithstanding, the City Forester shall have City of Winter Springs Ordinance No. 2003-22 Page 8 of 24 `.. absolutely no authority to vary any lp ans• permits or agreements approved b the City Commission. (c) Responsibilities. The role of the City Forester shall include, but not necessarily be limited to: (1) Receiving and processing applications for Tree Removal, Land Clearing and other permits under this Chapter. (2) Inspection of all property subject to an application. (3) Confirming all information provided by the applicant is correct and accurate. (4) To approve or deny all permit applications under this Chapter. (5) To issue cease and desist work orders upon Persons in violations of this Chapter for a maximum of two working days Upon review of the violation by the City Mana er the Citv Manaeer may extend the cease and desist work order until the violation is brought into compliance and all resulting fines incurred as a result of the violation have been raid. The Citv Manager's decision maybe appealed to the City Commission pursuant to Section 5-16(b) of this Chapter (6) To bring violators of this Chapter before the Code Enforcement Board. (7) To issue code enforcement citations for any violation of this Chapter. (8) To augment the City's Forest by the planting or approval of planting of additional Trees on public property. (9) To keep a permanent record of all Historic or Specimen Trees designated by the City Commission. (10) To educate the public regarding this Chapter and the importance of maintaining a City Forest. (11) To handle other related job duties assigned by the City Manager. 12 To serve as a member of the staff Development Review Committee 13 To educate Citv personnel responsible for tree removal planting~pruning_ and landscape maintenance. City of Winter Springs Ordinance No. 2003-22 Page 9 of 24 14 To assist in implementing, and issue Hermits in furtherance of, an development agreement, Hlan, or Hermit aHHroved by the CitYCommission relating to landscaping and Trees. Sec. 5-6 Permit Application. (a) Filing Application and Payment of Fees. An application for Tree Removal and Land Clearing shall be filed on official forms provided by the City's Forester. The applicant maq shall be required to pay a fee as may be established by resolution of the City Commission, exceHt that no fee shall be reauired for the removal of Trees that are dead diseased suffer from severe structural defects, Hose a clear and obvious safety hazard to structures and HeoHle or removed for a public project sponsored and paid for by the City If the applicant is not the property owner, then the applicant shall attach the written permission of the property owner to the application. All Ecompleted applications shall be returned to the Forester, along with the following: (1) A Tree inventory, for the portion of the site to be developed consisting of a scaled aeri~ drawing of a scale of one (1) inch equals fi~rc~c~iiandi~{396j fift 50 feet or greatcr less for undeveloped land or for develo ed single family residential land, a sketch aHproximatel one (11 inch equals fifty~50) feet or less indicating: (A) Property boundaries. (B) The location of all individual Trees including the Tree's common or lio#aniza} scientific name, and Caliper of Trees. (C) An indication of all Trees proposed for removal. (D) Within the Primary Tree Protection Zone, a plan shall designate the Trees to be retained and those proposed to be removed, relocated or replaced. Those Trees proposed for removal, relocation or replacement shall also be identified by common or botanical name. (E) Within the Secondary Tree Protection Zone, a plan shall designate the Trees to be retained, and those proposed to be removed. (F) The location of existing and proposed improvements, if any, including proposed additions to existing buildings, existine and Hroposed buildings structures impervious surfaces (e.u. pool decks, drives, parkin areas) stormwater retention areas utilities and other such improvements. City of Winter Springs Ordinance No. 2003-22 Page 10 of 24 A replacement elan indicatin the means of compensating for the Tree sl to be removed includingthe species and size of any replacement Tree(s) Location of Trees preserved for replacement credit. ~I If grade char eg s are proposed on the site, a gradin~,plan drawn to scale shall be provided. In addition, a written statement shall be provided by a landsc~e architect or other competent professional indicating the probability of whether the grade chance will result in the death of Tree(s) intended to be preserved. Said statement shall immediately be brought to the attention of the City Forester at the time the application is filed and prominently attached to the front of the application. ~J,) A protection elan describin how preserved Tree(s) shall be preserved on the site and adiacent properties during construction. Tree removal and rg ading_ An aerial photograph showing the boundaries of the subject p~erty and adjacent properties. (2) Valid Rreasons for the removal of Trees. (3) The appropriate permit fees. (b) Time for Application. Applications for a Tree Removal or Land Clearing permit shall be made prior to removal or clearing; except that in the following cases, application shall be filed when indicated: (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 Staff Development Review Committee process (2) Any commercial, industrial, multi-family or other use requiring 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 maybe given to the protection ofTrees during the site plan design process. Each application for a Tree Removalpermit shall be subject to review under the Staff Development Review Committee rocess (3) All new single-family and duplex dwelling units shall be required to submit an application for a Tree Removal and Land Clearing permit at the time of application City of Winter Springs Ordinance No. 2003-22 Page 11 of 24 for a building permit; the Tree inventory maybe shown on the building permit plot plan. (c) Exempting Portion of the Tree Survey. Upon request, the C~ Forester may permit an applicant to omit certain portions of the Tree inventory where compliance with the requirements set forth herein would be unnecessarilyburdensome and the exempted portions aze not needed for the City to evaluate the application. (d) Permit Fee. A nonreturnable permit fee to be establishin end by resolution of the City Commission shall be paid for purposes of processing the application, enforcing the provisions of this Chapter, and inspecting the real property subject to the application. (e) Posting of Permit. The permit must be posted upon the property and visible from the street to be valid. (~ City Commission Approved Plans. Permits and Agreements All permits issued by the Citv Forester under this Chanter shall be required to be consistent and not in conflict with an~ plans. Hermits or development agreements approved by the City Commission All permits or portions thereof issued by the City Forester in conflict with any approval of the City Commission shall be deemed null and void and the approval of the City Commission shall remain in full force and effect. Sec. 5-7 1[H~''$: Tree Pruning Standards. ~, Standards adopted. Trees intended for shade purposes shall be allowed to reach mature canopy spread and shall be pruned in accordance with the ANSI A 300 Part 1 Pruning standard and ANSI 2133.1 safety standard. Pruning should be performed with defined pruning obiectives and accordin tg o a specific pruning`plan to accomplish the objective includine the minimum and/or maximum branch size to be removed Unlawful Pruning. The pruning techniques described in Section 5-10(il of this Chapter shall be deemed unlawful. Sec. 5-8. Specimen or Historic Trees. (a) Designation. Certain Trees, herein referred to as "Specimen" or "Historic" Trees, aze of especially great concern to the public because of ecological value, of indigenous chazacter, size, age or historic association. Determination that a Tree is a Historic Tree shall be made by resolution of the City Commission after a recommendation of the Beautification Board of Winter. Springs, and the City Forester shall keep a permanent record of all Trees so designated by the City Commission. Specimen Trees are all Trees (other than "Undesirable Trees" identified in Appendix A, dead trees or diseased trees) which arc have a caliper of City of Winter Springs Ordinance No. 2003-22 Page 12 of 24 twenty-four (~~ inches or more in diameter. Designation as an Historic Tree may occur in any one of the following ways: (1) An applicant may request designation of an Historic Tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an expert evaluation by a landscape architect, horticulturalist, city forester, or other horticultural expert as part of the application. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert evaluation by a landscape architect, horticulturalist,cfty forester historian or other horticultural expert. (3) The City's Forester may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designation, or may make such designation as part of an overall Tree protection planning program for the City or portion thereof. (4) Historic Tree designations shall be subject to approval by resolution of the City Commission and the City Commission may grant tree replacement credits, upon granting an Historic Tree designation. (b) Removal. Notwithstanding any other provision of this Chapter, Specimen or Historic Trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the City Commission. Sec. 5-9. Tree Replacement Guidelines. (a) Tree Replacement. All Trees 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 or or such other Trees properly approved by the City Forester. Replacement shall occur prior to the issuance of a certificate of occupancy_(if approval is pendin~Lor within nisrc~tp~-(96j thi 30 days of removal or destruction, whichever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) Criteria for Replacement Trees is as follows: (1) 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. City of Winter Springs Ordinance No. 2003-22 Page 13 of 24 (2) Size of Replacement Trees. Replacement Tree(s) are to be made according to the Tree Replacement $tandazds set forth in Table 1 ' ; or (2) otherwise agreed upon by the City Commission and applicant. ~~ (3) Tree Species. Relocated or Replacement Trees shall include only species and sizes defined as Desirable Trees (Appendix B) under this Chapter ordinance. (4) Transplanting and Maintenance Requirements. All Trees transplanted pursuant to this ordi~rice Chapter shall be maintained in a healthy, living condition. Any such Trees which die shall be replaced and maintained by the property owner. The City shall retain pzrpctttal jurisdiction for one (1) year to ensure compliance with this Chapter. (5) Waivers of Replacement Tree(s) Spec cations. The number of required Replacement Trees may be waived by the City Commission, if the City Commission determines that the remaining number of Trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this Chapter and 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. The contribution to the Tree Bank may be waived by the City Commission for individual homeowners, on acase- by-case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute Tree(s) allowed under this Waiver provision must have the approval of the City Commission. The vaitte amount to be paid into the tree bank shall be set forth in Table 1 and should be based upon wholesale market value of the trees being replaced, plus installation and maintenance costs to establish the Tree. (6) Replacement Guidelines with Tthe following Tree replacement guidelines shall apply: (A) All Plant material specified shall be Florida Grades and Standard One (1) or better. City of Winter Springs Ordinance No. 2003-22 Page 14 of 24 (B) For each tree located within a public conservation azea excludin turisdictional wetlands determined by the St. John's River Water Management District or the U.S. Army Corp of Engineers or as depicted on Map V-3:Existin~ Wetlands in the Citv of Winter Springs Comprehensive Plan) dedicated to the City as part of a development project, three (3) replacement tree credits may be applied to the total number of trees required to be replaced by this Chapter. However, the minimum tree requirement set forth in Section 5-13 shall still apply. 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. (C) If the City Commission determines, due to site conditions or configuration, it is impossible or impracticable for the applicant/developer to meet the requirements for Tree Replacement, under this subsection, the City Commission may allow the applicant/developer to pay into the City's "Tree Bank" the amount it would have spent on Replacement Trees. DLL Tree replacement credit shall be allowed for the installation of preferred plants in accordance with the provisions set forth in Appendix B• Desirable Trees. In addition, for new development, tree replacement credit shall be allowed for the preservation of existing Desirable Trees on the development site, excluding wetland areas and existing conservation areas as follows• City of Winter Springs Ordinance No. 2003-22 Page 15 of 24 DBH of Preservec~Tree 4" up to but not including 9" 9" up to but not including 12" 12" up to but not including 16" 16" up to but not including 24" Specimen and Historic Trees Reduction in Replacement Trees 1 credit 2 credits 3 credits 4 credits 0 credits ~, Trees planted under a powerline shall not exceed a mature height of twenty- five 25~ feet. ~F Diversity of species shall be required for replacement Trees and not more than twenty percent (20% of the replacement trees shall be of a single s ecies. ~, All landscape plans shall be pared by a landscape architect licensed by the State of Florida, unless the City determines the proposed landscaping or Tree Removal has a deminimus impact on the property (z ca Replacement Cost. The property owner shall be responsible for Tthe cost of replacing the Trees removed from theirpropertv ~d,~ Elimination of Undesirable Trees and Shrubs. The natural vegetative communities existing within the Citv shall be protected by the control and elimination of invasive nonnative species. To that end the following_guidelines shall apply ~1,~ Plantine of Trees and shrubs listed in Appendix A Undesirable Trees is prohibited .~ Removal of Trees and Shrubs listed on Appendix A Undesirable Trees from commercial, office, industrial, or multifamil sites excludingjurisdictional wetlandsl shall be completed whenever practicable as a requirement for ap royal of any development permit issued by the Citv or the issuance of a certificate of occupancy if applicable. Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or other ve etatively re roducingparts City of Winter Springs Ordinance No. 2003-22 Page 16 of 24 Control and elimination procedures shall in no way harm or cause the decline of preserved or planted Trees and landscaping. ~ Limited Exception for Existing Single Family Lots. Notwithstanding any other Tree replacement standard set forth in this section, a Tree Removal permit for a single Tree shall be granted, as a matter of right, for each existing single family home lot, provided the City Forester determines that: The Tree is not a Specimen or Historic Tree: ~2,) The Tree canopy covering the pervious portion of the lot after removal of the Tree will be greater than fifthpercent: and A Hermit under this subsection (e) had not been granted durin tg he preceding ten (101 year eu riod. Sec. 5-10. Prohibitions. (a) Placement of Materials, Machinery, or Temporary Soil Deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the Tree Protection Zone calculated according to Appendix C: Calculating Tree Protection Zone, before or during construction. Before or during construction the builder shall erect and maintain suitable Protective Barriers around all Trees to be preserved. Upon written request, the City Forester, on a case by case basis, may allow material or temporary soil deposits to be stored within the Protective Barrier if no other storage is available. (b) Climbing Spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) Tree Spiking. It shall be unlawful to introduce any type of poison or reactive material to a Tree for the purpose of causing it to die or become diseased. (d) Structure and Pavement Location. It shall be unlawful to place any structure or impervious paving within eight (8') foot radius of any Tree Trunk or Stem having a diameter of four (4") inches or more at Caliper. (e) City Trees. It shall be unlawful to trim, prune, or remove any tree which is within the City's rights-of--way or upon any other City property without the permission of the City evidenced by the appropriate permit. (f) Attachments. It shall be unlawful to attach anything to a Tree or Stem, including nails or spikes, having a diameter of four (4") inches or more at Caliper, other than protective wires, City of Winter Springs Ordinance No. 2003-22 Page 17 of 24 braces or other similar noninjurious materials. (g) Cut and Fill Guidelines. It shall be unlawful to remove or add any material or ground within the Tree Protection Zone unless otherwise permitted by the Forester. (h) Encroachment of the Dripline. During the construction stage of development, the developer or property owner shall not cause or allow Land Clearing, the use of heavy equipment or material within the Dripline of any Tree or groups of Trees to be retained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a Tree within the Dripline of any Tree or groups of Trees, or where planting beds are to be situated. (i) Shearing, Hat Racking, Topping or Poodle Trimming of Trees (Lollipop). Lions-tailing,, Pollarding of Trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in excessive prunin teg chniques 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. The following are deemed unlawful excessive pruning techniques which are prohibited on shade Trees: Lions tailing: the improper practice of removing most secondary and tertiary branches from the interior portion of the canop lY eaving~most live foliage at the edge of the canonv. Topping, hatracking, stag heading, de-horning, lopping, and rounding over: the improper practice of reducing tree size by makin hg eading cuts through a stern more than two years old: a pruningpractice that destroys tree architecture and serves to initiate discoloration and perhaps decay in the cut stem. Pollarding: the prunin teg_ chnique that removes sprouts back to the same location annually or biannually maintaining; a tree to a specific height. Shearing: a prunin teg chnique which is typically accomplished with cuts made through wood less than a year old at the sides of the canopy to create uniform dense canopies. ~5,) Poodle trimming,_combines shearing and removing~lower limbs to create tree forms that look like a "lollipop." Construction near Adiacent Property.. Walls, structures, and pavement shall not be constructed in any way which will result in damage to roots within the Tree Protection Zones of Trees located on adjacent properties. City of Winter Springs Ordinance No. 2003-22 Page 18 of 24 Sec. 5-11. RESERVED. Sec. 5-12. Permit Contents; Expiration; Removal After Expiration of Permit. (a) Permit Contents. The Tree Removal permit, when issued, shall specifically identify which Trees shall be permitted to be removed. The removal permits merely authorize the removal of the Trees specified therein. Nothing in this Chapter shall be construed to require the removal of such Trees by the permittee. (b) Permit Expiration. Any permit issued under this Chapter shall automatically expire six (6) months after issuance, except for permits issued in conjunction with a building permit which shall automatically expire six (6) months after issuance or at such time the building permit expires, whichever is later. (c) Restrictions on Tree Removal After Permit Expiration. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application. (d) Permit Display. The permit shall be located and maintained upon the site at all time until final inspection or until issuance of a certificate of occupanc if a ~licable. For new developments, the permit shall be attached to the "posting board" with other permits. For existing developments and existing, single-family residences, the permit shall be displayed so as to be easily visible from the street. Sec. 5-13. 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 approved 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 (2) Trees. (b) Any new single-family or duplex dwelling unit on a lot equal to 6,000 square feet ofbssthan :not fewer than two 2 thrcc-(~j Trees plus one (11 additional Tree for each 4,000 square feet over 6,000 square feet. (c) Any sing~c commercial, industrial, multi-family or other structure requiring site plan approval under the City land development regulations: no fewer than six 6 frvc- f 5~j Trees or four 4 Trees per acre, whichever is greater. Sec. 5-14. Tree Protection During Development and Construction; Periodic Inspection. City of Winter Springs Ordinance No. 2003-22 Page 19 of 24 (a) Restrictions During Construction. It shall be unlawful for any Person, during the construction of any structures or other improvements, to place solvents, petroleum products. paint or masonry materials, construction machinery or temporary soil deposits within the Dripline of any Tree for which a Tree Removal permit is required but has not been obtained. This provision includes soil that is placed in the Dripline permanently for the purpose of a grade change, unless the grade is changed according to the guidelines described in the Florida Division of Forestry, Department of Agriculture and Consumer Services Publication, Tree Protection Manual for Buildings and Developers. (b) Burden of Tree Protection on Property Owner. It shall be the responsibility of a clevcloper or-applicant property owner and their agents to ensure that any Tree shown on the Tree inventory for which a Tree Removal permit has not been obtained is to be protected. The property owner shall guarantee survival of retained trees and Replacement Trees for one (1) year from completion of permitted construction, unless a greater time period is required by development agreement. If a retained or replacement Tree dies during that time period, the property owner shall replace the Tree in accordance with a remedial action approved under § 5-17 of this Chapter. (c) Protective Barriers and Signage Required. Posta~-shall - .Protective Barriers shall be installed prior to construction (as determined usin~Ap~endix C: Calculating Tree Protection Zonel around every Tree or group of Trees to be preserved. Waterproof rigid "Protection Zone Area" signs, as shown on Appendix D: Tree Protection Area Signage and not smaller than two feet (2'1 b~three feet (3') shall be posted at one hundred foot (100' increments along the Protective Barriers. (d) Site Inspections. The City Forester may conduct periodic inspections of the site. It is the responsibility of the property owner and their agents xppiicant to ensure that all provisions of this Chapter are met. ,(~ Adjacent Properties. The property owner and their agents shall ensure that the Tree Protection Zones of Trees located on adjacent properties are protected as required by this Chapter for Trees located on the site bein dg eveloped. Sec. 5-15. Voluntary Tree Planting. This Chapter shall not be interpreted to restrict, regulate or limit the voluntary planting of any Tree within the City. The provisions of this Chapter govern only the planting of Trees which aze City of Winter Springs Ordinance No. 2003-22 Page 20 of 24 required to be planted or retained under this Chapter. Trees or plants planted inthe Citv'srights-of- way are subject to removal or trimming bYthe Citv at any time. Sec. 5-16. Waivers; Incentive Program; and Appeals. (a) Waivers. The City Commission may grant a waiver to provisions of this Chapter where the applicant demonstrates that the literal interpretation of the ordinance Chapter will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the ordinance Chester. The preservation of any approved Tree over four (4) inches in caliper may be considered as the basis for the granting of a waiver from the literal application of the provisions of the City's land development regulations. If, in the determination of the City Commission, the sole basis for the request for waiver is to preserve such Tree which would otherwise have to be removed, it may direct any required waiver fee to be waived. (b) Appeals. Any Person adversely affected by an administrative interpretation of this Chapter b t~ he City Forester may first appeal that interpretation to the City Manager b~filing a written notice of appeal of said interpretation within ten (10~ calendar days of said interpretation. The City Manager shall decide said appeal within five (5) business days. Any Person adversely affected by an administrative decision of the City Manager under this Chapter may appeal that interpretation to the City Commission by filing a written notice of appeal of said interpretation within thirty (30) calendar days of said interpretation. Failure to file an appeal within said the time periods required b~this subsection shall result in the administrative interpretation to be declared final and shall be deemed a waiver of the person's right to further appellate review and proceedings. The City Commission shall decide said appeal within thirty (30) days of the City's receipt of said notice. of appeal and the City Commission's decision shall be final. Except for the mandatory time periods required for the notice of appeal the time periods required for a decision maybe extended by mutual agreement between the City and the Person filing the notice of appeal. ~c,~ Incentive Program. The City Commission reserves the right to offer and approve incentives for purposes ofprotectinng and preserving mature Trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, var n~ng provisions of the City's land development regulations (e.g. reduced parking; modified setbacks~,and providing credits to Ci development fees. Anv incentives granted under this subsection shall be consistent with the Comprehensive Plan and shall be by development agreement or other formal approval. Sec. 5-17. Remedial Action. (a) Violations Require Remedial Action. Where violations of this Chapter have occurred, remedial action shall be taken to restore the property consistent with a restoration plan City of Winter Springs Ordinance No. 2003-22 Page 21 of 24 approved by the City Forester or the Cit Commission if the iolation is inconsistent with plans permits, or agreements approved by the City Commission. The restoration plan may require mitigation of any other damage to the property, as well as Tree replacements. (b) Tree Replacement Remediation Requirements. Each Tree destroyed or receiving maj or damage during construction must be replaced by either a comparable size and desirable type of Tree as listed within Appendix B or roviding a contribution to the Tree Bank eaual to four times the contribution listed on Table 1 • Tree Replacement Standards or nlantine four (41 Preferred Plants listed within Appendix B four-{~j cs before issuance of a certificate of occupancy or certificate of completion. (c) Property Owner to Guarantee Survival of Replaced Trees. The property owner shall guarantee the survival of the Trees required to be placed under Subsection (b) above for a period of two (2) years from the date the certificate of occupancy or certificate of completion is issued, unless a greater time period is required by development agreement. If the replacement Tree dies, the Tree shall be replaced in accordance with this section. Sec. 5-18. Enforcement; Penalties. (a) Enforcement. The City may enforce the provisions of this Chapter by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the City's Code Enforcement Board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this Chapter the removal or death of a Tree in violation of this Chapter shall be deemed irreparable or irreversible (b) Penalties. In addition to all other remedies set forth in this Chapter, one or more of the following civil fines shall apply to violations of this Chapter: (1) Failure to obtain a permit under Section 5-4(al: Fine of $250.00 per Tree or $500.00 per Specimen or Historic Tree removed, not to exceed $5,000.00. (2) Removal of a Tree without a permit: Fine of $50.00 per Caliper inch, not to exceed $5,000.00 per Tree. Removal of a Specimen or Historic Tree without a permit: Fine of $100 00 per Caliper inch, not to exceed $5,000.00 per Tree. Failure to abide by a cease and desist order issued under this Chapter Fine of $SOO.OO,~er dav. City of Winter Springs Ordinance No. 2003-22 Page 22 of 24 ~5,) Failure to obtain a contractor's license under Section 5-4~e,)• Fine of $250 00 (1$` offensel: X500.00 (2nd and each subsequent offense ~6,) Failure to abide by the requirements of Section 5-10 of this Chapter Fine of $250 00 per occurrence. (3~ ~ Any other violation of this Chapter: Fine as provided by law and this Chapter. (c) Civil Fine Determination. In determining the amount of the civil fine under subsection (61 above, the following factors shall be considered: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation. (3) Any previous violations of this Chapter committed by the violator. (4) The number and size of the Trees removed i• f anv. (5) The historical significance of the ~ Tree removed if the Tree was deemed Historic. (6) Whether the violation is irreparable or irreversible in nature. (7) The remedial actions offered by the violator to restore the property consistent with this Chapter. Sec. 5-19. Authorization to Adopt Rules and Regulations and Fees for Implementation. The City Commission is hereby authorized to adopt, by resolution, such rules and regulations and fees as are necessary or proper to implement this Chapter. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance including all attached Appendixes and Tables shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall City of Winter Springs Ordinance No. 2003-22 Page 23 of 24 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 13th day of october , Z~p~,..~, { , JOH .BUS .• . Ma RENZO-LUACES City Approved as to legal form and sufficiency for the City of inter Springs only: Anthony A. Garganese, City Attorney First Reading: September 22, 2003 Second Reading and Adoption: october 13, 2003 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2003-22 Page 24 of 24 City of V..::,er Springs _ TABLE 1: TREE REPLACEMENT STAND-,f2DS Ordinance No. 2002-08 030921 treeord.xlsTable1 City of Wr.:~r Springs Ordinance No. 2002-08 APPENDIX B: DESIRABLQ-~,12EES Bald cypress ~ ~~. Taxodium dis5chum 15 gal 6' min hgt 25 ga1;1J0' min hgt 2:1 ,1~ 30-70' mature height, deciduous, bronze fall color, chartreuse spring color Bald c Tess Taxodium distichum 65 ga1;14' min hgt 3:1 Black gum, swamp tupelo Nyssa sylvatica var. biflora 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 50-75' mature height, orange-red fall color, deciduous, prefers we soils Carolina cherry laurel Prunus caroliniana 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 40' mature height, evergreen, glossy leaves, black fruits Chinese elm (Drake) Ulmus parviflora 15 gal; 9' min hgt 30 ga1;10' min hgt 1:1 Medium tree, evergreen, attractive bark, fine texture Dahoon Ilex cassine 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 40' mature height, evergreen, red fruits on female trees Dahoon Ilex cassine 15 gal; 6' min hgt 65 gal; 10' min hgt 3:1 Florida elm Ulmus americans floridana 15 gal; 6' min hgt 30 gal; 7' min hgt 3:1 60-70' mature height, deciduous, long living, shade tree Laurel oak Quercus laurifolia 15 gal; 6' min hgt N/A 100' mature height, begins to deteriorate at about 50 years Live oak Quercus virginiana 15 gal; 7' min hgt 30 gal; 10' min hgt 2:1 100-150' mature height, majestic spread, evergreen, long-lived Live oak Quercus virginiana - 65 gal; 12' min hgt 4:1 Live oak Quercus virginiana FG; 4.5" min caliper 5:1 Lon leaf ine Pinus pa/ustris 15 gal; 6' min hgt 30 gal; 9' min hgt 3:1 80-125' mature height, high branching Pignut hickory Carya glabra 15 gal; 6' min hgt 30 gal; 9' min hgt 2:1 40-80' mature height, kemal inside nut is edible, shade tolerant Red maple Acer rubrum 15 gal; 8' min hgt 30 gal; 10' min hgt 2:1 50-120' mature height, red spring flowers, orange-red fall color Red maple Acer rubrum - 65 gal; 12' min hgt; 3" caliper 4:1 Red ma M Acerrubrum - FG; 4" caliper 4:1 Sand live oak Quercus geminata 15 gal; 6' min hgt FG; 3"min caliper 5:1 Small to medium sized tree, dark green leaves, asymmetric form Slash ine Pinus elliottii 15 gal; 6' min hgt 30 gal; 9' min hgt 3:1 80-125' mature height, high branching Southern magnolia Magnolia grandiflora 15 gal; 6' min hgt 30 gal; 8' min hgt 3:1 60' mature height, large glossy leaves, showy white flowers Southern ma nolia Magnolia grandiflora - 65 gal; 10' min hgt 4:1 Southern magnolia Magnolia grandiflora - FG;12' min hgt; 2.5" cal 5:1 Sugarberry, hackbe Celtis laevigata 15 gal; 6' min hgt 30 gal; 8' min hgt 2:1 60-80' mature height, fruit attracts birds, large graceful form, prefers moist soils, sofj wood Sweetbay Magnolia virginiana 15 gal; 6' min hgt FG; 10' min hgt 3:1 60' mature height, creamy white flowers, seed cone with bright red seeds, evergreen, leaves with whitish undersides, prefers wet soils Sweetgum Liquidambar styraciflua 15 gal; 6' min hgt 30 gal; 10' min hgt 3:1 60.120' mature height, yellow fall color, deciduous, seeds in spiny balls 0309treeord.xls 0309treeord.xls City of VI-,..-::r Springs _ APPENOt~f B: DESIRABL.~ hEES Ordinance No. 2002-08 City of Wing Springs - APPENDIX B: DESIRABLIt'-i~tEiES Ordinance No. 2002-08 esr x T .. <: .~. ~... ... .~, ~- Camelia Camelia spp. FG; 8' min height FG; 8' min height 2:1 Showy spring flowers Carolina willow Salix caroliniana 15 gat; 6' min hgt N/A 20-30' mature height, good for erosion control, soft green foliage, black ridged bark, prefers moist to wet soils Cha man oak Quercus chapmanii 15 gal; 4' min hgt N/A Small tree, evergreen, prefers well-drained soils Chickasaw plum Prunus angusfifolia 15 gal; 6' min hgt 30 gal; 6' min hgt 3:1 Small spreading tree, armed, white flowers before leaves emerge in spring Crape myrtle Lagerstroemia 15 gal; 6' min hgt 30 gal; 8' min 1:1 Showy flowers, evergreen hgt;standard Devils-walking-stick Aralia spinosa 15 gal; 5' min hgt N/A 15-20' mature height, umbrella-like crown, large white flower clusters, spines, spreads freely Festive holly Ilex X FestiveT"' 15 gal; 4' min hgt 30 gal; 6' min hgt 1:1 Pyramidal evergreen, spiny foliage, 10' mature height Florida anise tree Illicium floridanum 15 gaI;40" min hgt N/A 20' mature height, maroon-red flowers, prefers moist soils, compact and dense form Flowering dogwood Comus tlorida 15 gal; 6' min hgt FG; 3.5" min caliper 3:1 20-30' mature height, showy white spring bracts, red autumn solo Fringe tree Chionanthus virginicus 15 gal; 5' min hgt 30 gal; 6' min hgt 20-30' mature height, upright branches forming dome shape, white delicate flowers, golden fall color Hercules-club, prickly Zanthoxylum clava-herculis 15 gal; 5' min hgt N/A Small armed tree, deciduous ash Ja anew rivet Ligustrum japonicum 15 gal; 5' min hgt 30 gal; 6' min hgt 2:1 15' mature height, evergreen, upright spreading form Little Gem magnolia Magnolia grandiflora 'Little Gem' 15 gal; 6' min hgt 30 gal; 7' min hgt 3:1 20-25' mature height, showy white flowers, dark green glossy leaves Little Gem magnolia Magnolia grandiflora 'Little Gem' - 65 gal; 10' min hgt 4:1 Loquat Eriobotrya japonica 15 gal; 6' min hgt 30 gal; 8' min hgt 2:1 Medium tree, evergreen, dark green foliage, dark yellow fruits, fruits edible Musclewood, Carpinus caroliniana 15 gal; 6' min hgt 15 gal; 6' min hgt 2:1 Small tree, deciduous, prefers moist to occassionaly wet soils, American hornbeam prefers shade to partial shade, trunks "muscle-like" M rtle oak Quercus myrtifolia 15 gal; 5' min hgt 15 gal; 5' min hgt 2:1 Small, scrubby tree; evergreen, prefers drier soils Oakleaf holly Ilex X 'Oakleaf 15 gal; 6' min hgt 30 gal; 8' min hgt 1:1 14-20' mature height, upright to pyramidal form, evergreen, red berries, oak-shaped leaves Podocarpus, Nagi Podocarpus nagi 15 gal; 6' min hgt N/A 40' mature height, strongly upright, symmetrical branching, evergreen, dark green foliage Podocarpus, Yew Podocarpus macrophyllus 15 gal; 6' min hgt N/A 50' mature height, evergreen, compact, foliated to ground, dark green foliage Red mulbe Morus rubra 15 gal; 6' min hgt N/A Small tree, lar a leaves, edible fruits, attracts birds 0309lreeord.xls 3 Cily of Wiriec Springs Ordinance No. 2002-08 APPENDIX B: DESIRABL 4EES ' Redbud Cercis canadensis var. - 15 gal; 6' min hgt 15 gal; 6' min hgt 2:1 20-35' mature height, rosy purple spring flowers, deciduous, high canadensis branching, sensitive to auto pollutants Redbud Cercis canadensis var. - 30 gal; 8' min hgt 3:1 canadensis Rusty lyonia, Lyonia ferruginea 15 gal; 6' min hgt N/A 20.25' mature height, rusty colored new growth, evergreen, crooked and asymmetric form sta erbush Silverthom E/aegnus pungens 15 gal; 6' min hgt NIA 20' mature height; sprawling, weeping form; leaves with silvery undersides Southern red cedar Juniperus silicicola 15 gal; 6' min hgt 30 gal; 7' min hgt 3:1 25' mature height, evergreen with reddish-brown bark, prefers neutral soils, symmetrical when young, often asymmetric and windswept with age. S rklebe Vaccinium arboreum 15 gal; 5' min hgt N/A 20-30' mature hei ht, red fall color, deciduous SweetlTea Olive Osmanthus fragrans 15 gal; 5' min hgt 15 gal; 5' min hgt 1:1 20' mature height, evergreen, open, foliage restricted to branch tips Tabebuia Tabebuia spp. 15 gal; 6' min hgt 30 gal; 10' min hgt 1:1 Height variable, not strongly frost hardy T-~ Cyrilla racemiflora 15 gal; 5' min hgt N/A 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 Tortulosa juniper Juniperus chinensis Tortulosa' 15 gal; 5' min hgt 25 gal; 7' min hgt 1:1 Tou h bumelia Bumelia tenax 15 gal; 5' min hgt N/A Small tree, coppery leaf undersides, scrubby form Turkey oak Quercus laevis 15 gal; 5' min hgt N/A 20-30' mature height; copper fall color, deeply lobed leaves; prefers sandy, welhdrained soils Walter's viburnum Viburnum obovatum 15 gal; 5' min hgt 25 gal; 7' min hgt; 2:1 12-20' mature height, white spring flower clusters, prefers moist to standard wet soils Wax myrtle Myrica cerifera 15 gal; 5' min hgt 25 gal; 7' min hgt 2:1 15-20' mature height; dark blue, chalky fruits; olive-green foliage, evergreen, low maintenance Wax rile Myrica cerifera - FG; 12' min hgt 3:1 Weeping willow Salix babylonica 15 gal; 8' min hgt 30 gal; 10' min hgt 1:1 15-25' mature height, draping linear leaves Wild olive Osmanthus amencanus 15 gal; 5' min hgt N/A 15-25' mature height, olive-green foliage, beaut'rful shape in light shade to sun Yaupon Jlex vomitoria 15 gal; 5' min hgt 25 gal; 7' min hgt, 3:1 20.25' mature height, red-orange translucent fruits, evergreen, standard often multi-trunked Yaupon Ilex vomitoria 65 gal; 10' min hgt, 4:1 standard 0309treeord.xls 4 0309~eeord.xls City of Wing Springs -- APPENDIX B: DESIRABLc-t12EES Ordinance No. 2002-08 AP,PENDTX C CALCULATING TREE PROTECTION ZONE The following guidelines shall be applied to determine the Tree Protection Zone: 1. Evaluate the species tolerance of the tree: good, moderate, or poor (See list on next page) 2. Identify tree age: young (< 20% of the trees life expectancy), mature (20% - 80 % of'the trees life expectancy), or overmature (>80% of the trees life expectancy) 3. Using the table below, find the distance from the trunk that should be protected per inch of trunk diameter. - 4. Multiply the distance by the trunk diameter to calculate the optimum radius (in feet) for the tree protection zone. ~ . Example: . A healthy 60- year old, 30" diameter California black walnut (poor tolerance, mature age) 1.25' x 30" = 37.5 radius tree protection zone. Species Tolerance Tree Age Distance from trunk fE+At (nPr inrh tn~nk diameterl Good Young 0.5' Mature 0.75' Ovennature 1.0' Moderate Young ~ 0.75' Mature 1.0' Overmature 1.25' Poor Young ~ 1.0' ~ . Mature 1.25' Overmature 1.5' Source: Trees and Development a Technical Guide to Preservation of Trees During Land Devel~ment. Nelda Matheny and James Clark, 1998, International Society of Arbonculture,.. Champaign, 1L Relative Common name Sdcntf8cname tolerarfat _ Comments ~ Source Balsam fir Abler balsamca Good Tolerant of toot ions and saturated sons. - Hlghtshoe White Cr Abks uoncoiot Moderate Tolerant of rootloss. intolerant of sahrrated~and high salt soils. Day, Klghtshoe Acada Acada spy.. Poor tntolerant of root injury ;~ Atilheny & Clark Florida maple Accbarlratrim Moderate tntolerant of mechanical injury (poor compartmentaljzaUon). . Yine maple Chalk maple Bigleaf au+ple Bigleaf maple 13oz elder. Striped maple Norway maple Sycamore maple Red mapk Silver maple Ara iirrMatrint Aca lcrrcodairre Acre inaaopliylluix Arc rridcnpfiyltum Acanr,~rrado : Aertpensyh+anlainr Aucrptam»aides.- ,SarpseudapIatairus Acar rubnrm Ara saahar~rrtri Sugar maple .4cersaaharu»t Mountain maple AeersplurLrm California buckeye Aesarfuraritfonrfoa Red horse-chestnut AacuJus x carom Yellow buckeye A~sarlus(tam Ohio buckeye Aesculusgtabta Good •~~ Poor . Goo~~. Pooz; _ Good ~::. Moderate Modetatagood Moderate' Moderate-good Poor-coderate Pootmoderate Moderate Good Cood Poor Poor Red buckeye .Sesruiut Pavia Moderate Tree of heaven Atiantfrus altisslma Good tAssigned ei.fher by source or by tvtathen}t and Oark Response constrained by soft aeration and water availabtliry. Best tetatned as dumps. Response is site dependent.- , Select spedrriens with good sown structure. Toietarit of root pnuiing and injcsry but not of fiN.. Dedines following addtdon of fill. 'iblerant of root ions and saturated Botts. May tolerate some fill. SeleG superior individuals for preservation. Intolerant of mechanical injury (poor compartmentallzatlon). Ltralied tolerance to rniaoclttnate change. Tolerance greatest within nativieiange. Moderatel,}-.to)erant of root pruning. Response probably assodated with geographic location. Tolerant of root pruning and saturated soils. Likely to saowJy die badt foilo~~dng mot [njuty (Day). May, tolerate some root pruning (Praedrlch) of loss (Hightshoe), Some tolerance for crown reduction pruning, ftll sock and saturated Bolls. Response variable within spedes (Coder) Tolerant o~ toot loss. Intolerant of saturated and till soils. Intolerant of mechanical Injury spoor compattmentalizatlon). Limittd tolerance to mtuocilmate change:~Tolerance greatest within native range. . Shows good resistance to "contractor pressures." intolerant of mechanical lnjuq~ (poor eompartmentalizatlon). Response constrained by soil aendon and water avaliabiltty. intermediate tolerance to root loss and saturated rolls. Poor acclimation response. Tolerant of some till. lntolcant of mechanical Injury (poor c~ompartmentaltzatlon). Tolerant of root pruning. Generally good acclimadon response foUowingdisturbanee. 'Coder Peepre Coder Beck ' Dunster Coder, Hightshoe, Sydnor Coder S. Clark, Fraedrich Gilbert Coder, Fsaedrich, t-Iightshoe Coder< Day, ' Raodrich, Hlghtshoc, S}dnor S. Clark, Hightshoe, S}~dnor Coder Mathen)- & Clark Gilbert Coder Hightshoe, Sydnor Coder . Day, Fraedrfch, Sydnor Rdadve Cc. _..ron name - ScientfRcaame . toierrncel Comment,._. Sourrc -. :l2clrrs Altrtu spp. Good Show considerable resistance to "contactor pressures." Gilbert Red alder Alrrtrs nrbrn Poot-moderate Retain only in groups or as indlvtduals with strong taper Beck, Dunster, l'eepre and stntrture. Relatively short-ltve ~: Intolerant to root injury. Hazel alder ~1ltrtrs srmrlcrtrt Good • Coder Ser~•Icrberry ~lrnelarK/rier spp. Good Intennedlate tolerance to loot loss, Tolerant of saturated solls. Hightshoe, Sydnor Generally good accllmadon resporue to site change. Do~rm~ servlcebeny Arttelrtttchla rtrbarrrt Modeate Intolerant of mechanical injury (poor rnmpartmentallzation). Coder Response constrained by soil aeration and water availability. ()evil's-«alkingstkk Arctl;a spirrosct Moderate intolerant of mechanical injury (poor compartmentallzatlon). Coder bladcone Arbtrhes n:nrrlesii Poor intolerant of site disturbance. Matheny &Ciark Pat~~aa• AsFuritrn trilobn Good Coder Eastern baceharls Bnrcltrtrislrrrlittrifalia Good ~ Codez Bitch Bettrlrt spp. Poor•rnoderate Intolerant of root prvning. Mature trees particlilarly sensitive Gilbert, Fraedrich to development )mpacts. . 1'ellrn,r bitch Bch,la allrg/rarrleresis Moderate Intolerant of mechanical iniury (poor compartmentalludon). Coder Limited tolerance to microdlmate change. Tolerance greatest within native range. Response varies .due to soil and water availabillty. S~rret birch Britrlrt lctrtn Moderate Intermediate tolerance to root loss. Intolerant of saturated Bolls. Coder, Nightsho~ intolerant of mechanical iniury. Lttnlted tolerance to miaoclEmate change Tolerance greatest within native range. River birch &trrtrt rtisrrt Moderate•good Variable tolerance of root loss and saturated Bolls. S. Clark, Coder, Tolerant of minor amounts of fill. ~ Hightshoe, Sydnor Paper birch Betrt/rr pr:pyrifem Poormodaate intolerant of construction impaeu.outslde of native range; S. Clark, Day, moderate wtthirt. Prone to sunscald. Low tolerance to root iniury. Peeprr, Sydnor ' Bron2e birch boar much mote severe under stress. Best retained [n grwps or as select Individuals. ~~ Gray birch Brttrla poprrlifolicr Moderate•good Tolerant of construction Impacts within native range; moderate S. Clark, Sydnor response outs]de, Construction impactslin)ury Increases ' susceptEbttlty to bronze birch borer. Gum bumelia Btanelirt tentraittosct Moderate tnto]erant of mechanical injury (poor compartmentalization). Codcc Response constrained by soil aeration and water availability. R«cktltorn bttmella Brrrrrella lyripides Moderate ln~olerant of mechanical injury (poor eompartmentalizatlon). Coder ~ Response constrained by soli aeration and water availability. Incense cedar Cnioctrlrtrsda~nrrru Moderate Matheny &Ciark Blue beech; Jtombea Cnrpirtru enralinimrn Moderate intolerant of loot loss and saturated stills. Susceptible to two-llned Coder, High~shce, m chestnut borer, particularly under conditions of environmesttal Sydnor stress. l.lmited tolerance to climatic change. Tolerance greatest within native range. t Auigned either by soune.or by Matheny and Clark. • ~~ Relative Common name Scientific name toteranect Comments ~ ~ 'Source Water hickory Carya aquadca Good ... .. ~ Coda Bittcrnut hickory Caryrr cadt/rmnfs Good intermediate tolerance to root loss and saturated-soils. liightshoe, Sydnor Will tolerate some fill. Bttternut hickory, Caryrr corrfiformis ,_ Poor Response constrained by soil aeration and water avaliabilfty. Coder Pignut hickory Caryaglabra. Moderate-good Moderately tolerant of construction damage. Tokrant of some fill. S. Clark, Coder, Sydnor ~. Wtnditrm. Response constrained by soil and water availability. - Pccan Carya fflirroensis .:. Moderate-good Moderately tolerant of oonstructlon damage. Tolerant of some flit. S. Clark, Sydnor Shagbark hickory Carya otrrla ~ Moderate-good Moderately toIetant of construction damage. Tolerant of some flit. S. Clark, Sydnor Windflrm. Shagbark hickory Carya ovrrta Poor. - Response constrained bysoll aeration and water avallabUlty. Coder Sand hickory Caryq palflda ; .:_ Modeute `... ~ ~ Coder Mockemut hickory Carya torrtaitosa ~1~foderate-good Moderately tolerant of construction damage, Tolerant of some flit. S, Clark, Sydnor • Wittdticm. Mockerfidt hickory Caryrt tomentosa Pobt`modecite' Response constrained by loll aeration and water,. availa611ity. ~ Coder Florida chinkapln Castanea crlrsf f61fa`. ~ Moderate .~~>: Put gcobtems assodated with devdopmeat impacts. Coder Allegheny chinkapin Cartama pwntla Poor, '~~~ `~:~~. .Pest problems associated with devdopment impacts. Coder Catalpa t:ataipa spp -__ :: -. . Moderate .' ' ~ ; tolerant of saturited sous. intermediate In tolerance to root loss. Hightshoe Southern ntalpa Catalpa blsrioniofdes~ ` . Good Coder Northern catalpa Catnlpasperfosa Good ' GeneraIIy toletantof disturbance Including root ln(tuy. Prone to Day, Sydnor _: basal decay. Deodar cedar Ccdrusdeadara~-. ~~ Good Tolerant o! root and uown pntNrig. lntotetant of excessive soil . Ellis molsttue;~leads to~rnrIlfarla and Phytophthora: Sugatbetry Cetus facvfEata Good intolerant of mecttanleal Lnjury (poor compartmentailLation). Coder Getttgia hackberry C.eitts trrrufiSoJia Moderate intolerant of mechanical injury (poor eompastmentaltzaHon). Coder Response:constnlned by soli aeration and water avallabillty Hackberry Celtic octidertlalis Good Toitrant of toot loss. Intermediate (Filghtshoe) or low (Day) in Day, Hightshoe, S~dn~r tolerance to saturated soils. Common buttonbush Cephalarrthus Good Intolerant of mechanical inf ury (poor compattrrientalizadon). Coder orridartirtls . Katsura-tree CarldfphylJren Poor-moderate Sensitive to fill and root disturbance. Requires tree protection Cullen japonfaun Lone at the dtipllne. Requites postcorutluctloneare, ' particularlysupplcmental irrigation. Redbud Cerds canaderrsls Moderate Response~constralned by soU aeration and water~avallabillty. Codes Alaska yeliow•cedat Chamaecypatfs Cool Relatively wfndfism. Intolerant of changes In water Peepre nootkatrmfs tabie/soll moisture. False cypress Chamatcyprtrir spp. (`,cod Show considerable resistance to "contractor pressures." Gilbert Fringetrer Chionarrt3rru Moderate intolerant of mechanical Inf ury (poor compartmentalization). viralrrletts Response constrained by soil aeration and water avallabillty. t Coder i Asstgrxd tither by sourer or by Matherty and Gatk. ~ ~ ~ • ` s ,d Relative _ Common starve SeietidHe name tbkraace2 CommeaCs _ Source Yello+r-mood C7ar/mstJslutext Poor Response is site dependent. Coder Cinnamon clethra Clethra aarrrrtrtata Moderate intolerant of {mechanical Injury (poor compartrnentalizatton). Response eotZStm[ned by soil aeration ~,ad water avallabllity. Codez Bucl~'+rheat tree CliFtouia nronoplrylln Moderate Intolerant of mechanical injury (pooF tompattmentalization). Response consttalned by soil aeration and water avaUablltty. Coder Pagoda dogwood Conrcct dhenrifolia Moderate Intolerant of mechanical injury (poor compartmentali2atlon). Coder Flo+vcring dog„vod Contus Florida Poor Intolerant of sfte disturbance. Sydnor Flo.~atng dogwood Corrttts Florida Moderate Intolerant of mechanical injury (poor compartmentallzatlon). Pest problems assodated with development tmpacu. .Coder Pacific dogtrood Conrtts rtuttal/11 Good - Peepce S+runp dog,+~ood Contret stricter Good ~ Intolerant of mechancal injury (poor•compartmentalixatlon). Coder Beckett hazel Coryhu connrin Good. - ; Coder Hatttttorn Cnrta~yus spp. Moderate )ntermedtate tolerance to root toss and saturated soils. Hightshoe Cockspur ha~rthorn Cratecgru rnn;~attl Good Sensitive to tvlndttuotiv if canopy raped. Some tolerance Sydnor to dls~urbance. 1~fuhington Cratagtrs Good. Su3aptible to windthrow. Tolerates some distaubance. Sydnor t>a+rthom plraatoprrsurt ' Dated hatrthorn Crnta~tr purrcorrtrt Good ~ Susceptlble to windthroty. Tolerates some disturbance. Sydnor Cypresses Cuptrssrts spp. Good Show Considerable resistance to'contrictor pressures." Gilbert `Ionterey cypress Crrptcurrs Poor intolerant of site disturbance. • Matheny & Clark rttaavatrpu . S+,:ttnp cyzilla Cyzilla raanrtFlara Moderate Intoleiarit of mechaNcal injury. (poor eompartisrentaitzatton): Codez Persirttmon Dlospyrtzs rlrainlrntn Good 7blerant of saturated sons, Pest problems associated with Sydnor development Impacts. Bastern coraibean F.rytltrftta lrtrbactrt Modetat~e intolerant of mechanical injury (poor compartmentalization). Coder faccalyptzts flecrrlypttrs spp. Moderate lGlode~ately tolerant pf root loss. Intolerant-of fUl. Matheny bt Clark Fasten trahoo F.storryrrttts ,Moderate Intolerant of mechanical fnjttry (poor compartmentallzatlon). Coda atroptrrpurrru . Decrh Fi{~tts spp. ,Pool Intolerant of root prating. Poor response to injury. Friedrich, Sydnor Intoler'aat of fill soil. ~lrtterican beech Fc>sttsarirtrrdljollrt ~ Poor Response h site dependent. Coder F.tuotxan beech FrrSru sylvntica . Poor Mature trees partiarlarly staceptible. Glltxrt 5tritttp p~t~K l-vtrsfltnr rrc~rrrrlucttct Good Coder Asir FrcrxJnns'3pp.' Ivtodente Moderately tolerant of root pruning. S. Clark, Friedrich 4Yhite ash Ficrxl~r,u amerirnrra Moderate-good Tolerant of root loos. Intermediate In tolerance to saturated sous. S. Clark, Coder, tr)tolerant of mechttnicai injury (poor contpactmentallzation). Hlghtshoe, Sydnor ' ~ Response eotutzained by soU and water avallabWty. Carolina ash Frcuitrirs airtillrrianq Cood ~~ _ Coder 1Asstgned either by sotutt of by Matheny and Clark. '' . ,. i Relative Common name Scientlfte name tolerancet Cotnmertes ~ Source r Eiaopcan ash F~aztrtus acetrtor Moderate = ~ lerant of root lou and saturated soils. ;-~ T Gilbert Hlghtshoe Black ash Green ash f}rrxlrrus n~ra . Fraxhacr Good ~ Good o 7blerant of root pruning and Iou. Benefits from supplemental Coder, Da}; prnnsyt~n~a ._ . litigation following lnjury. Tolerant of saturated lolls and fill. HJghuhoe, Sydnor Blue ash bYaxiirru ~ Good Sydnor • Shamcl ash quadrar~irlata Fraxlrnu uhdd Good Tolerant of root pruning. Best with lnigatton foUowing disturbance. tills Modesto ash F?ztxirrrrs vrJutlra Good Tolerant of toot pruning. Requires supplemental irrigation following Matheny b: Ctazk ' ~ GW~go `Modesto' ~ Girtkao btlobc Good root loss/injury:.. 'IOlerant of root pruning. Friedrich, Sydnor . Water locust Honcy locust - . Gtertltsta aquarfea Glodltsla trtaranthor Good .: Good -- 'tolerant of root pruning and site disturbance. Intermediate Coder ~d h ~ Irrermts f tolerance to saturated soils. ~ noc oe hts g y . Loblolly~ay Gorctonlatastarrthru Kentucky rnffee-tree Gymnodadus dFatcus Good Good intermediate tolerance to root loss and saturated soitt. Coder Hightshoe, Sydnor ' Tolerant of site disturbance. Carolina sih~abell Halesla carallrra Moderate intolerant of mechanial 1nJuty (poor compartmentalization). Coder _ Response constrained by soil aeration and water availability. Limited tolerance to mlctoclimate change. Tolerance greatest ~wlthln native range. •t~yo•wtnge~d sih~ecbetl Halesia dlptera Moderate Intolerant of mechanical Injury (poor compartmentalization). Codes •Response constra[ned by soil aeration and water a~-a11ab1llty. little silverbell Hntcsla parvi f3eru Moderate Intolerant of mechanical lnjury (poor tompartinentdllLatlon). Coder • Response tonstratned by soft aeration and water availability. Witch•haul Hanramdis vtraininna Moderate intolerant of mechanical lnjury (poor compartritentalizatlon). Coder Response constrained by soil aeration and water availability. Carolina hotly ilex ambtdrra Good , - Coder Coder Dahoon tIrx easslnt Good - Coder Large gallbeny Da cvriacra Cood Coder Po~sumhaw Mountain ilex daldrra ilex morrtrrrra Good Moderate•good -- Umtted tolerance to mtcroclimate change.'1blerance greatest Coder winterbeny within native iange. Myrtle dahoon Arricracan holly ilex rrryrtf jblJa Ilex aQaca C:ood Good Tolerates some fall. Coder .Coder, Sydnor Common wfnterberry Itac v~•rfidltam Good Coder Yaupon holly Ilex verrittorfa Cood - Coder l Assigned either by sours or by Matheny and Clark Common name Scientific name CaGlomia b}acl;tralnut fc{~laus 1rlrrrfsff 6hck wx}nut l:ngllsh walnut Roct:y Mountain juniper Eastern red cedar i~tounta[n laurel Tamarack S1YeetgLlrIr Tuilptrre Tultptree CuNnlbtfrlet Fraser magnoUa juglans nigra jrglarrf rrairt jurrt~xrrrs scoputortrn: Jrrrriparu vir~irrfarrrt KahnTn lrttifalfa Lnrix larfclrrct LlgtrTrfambrrr styraci jhra Liriodmdron nrTtpifarr LTriorferulrorr t:rlT pFfaa Maa»ofia aaanfrrata Ma~rrolla fmseri Relative tolerance) Poor Poor-moderate Poor Poor Cood Good Moderate Poot•good Moderate Poor Moderate root Southern magnolia Magrrotia grmttfTjlom Poor or good Southern magnolia Ma~rtolfaararrdfJTora Moderate f'yraroid magnolia Magrtolla pymnrTdata ~ Poor Stireet bay ,Na~rotfa riralntane Good Apples Mn(res spy, Moderate Sotirthern crabapple Maltrs mr~cstf(olfrr Moderate lrlsslgncd either by source a by Matheny acid dark Comments 1?ies slotiviy following even minor root tnJury or changes to water table. Crown reduction pruning may be fatal. ltequlres tree protection zone at or beyond the.drlpltne. intolerant of root loss. Intermediate tolerance to saturated solls. Intolerant of mechanical in Jury (poor compartmentalizat{on). Response constrained by soil aeration and water avallabtl}ty. Usually grafted onto California black walnut stock. Sensitive to root pruning and fill soil. Likcly to dccllne following grade change and loss o[ roots. Very susceptible to borers when stressed. Tolerant of root Toss, intolerant of saturated solls. Intolerant of mechanical tnjury. Totgrant of root loss and saturated solls. ]ntet7nedlate resporue to ffll and root lnJury. Breadth o[ tolerance maybe due to pre-existing site conditions and within spedes variation. intolerant of root pruning. Sensitive to wounding. Intolerant of mechanical Injury {poor eompartinentaltzation), Response constrained by soil aeration and water avallabittty, Intolerant of mechanical injury (poor compartrnentallzadon). intolerant of mechanical injury (poor compartmentalization). limited tolerance to mfcrocllmate etiange.?oktance greatest fvithln native range, Response dependent upon location: ggod within native range; poor outside tt. In California, tt decltries following toot [njury and s(te dlsturbancr. intolerant of mechanical injury (poor compartmentalization). intolerant of mechaNcal injury (poor compartmentalization). IJtnlled tolerance to microclirrtate change. 7bletance greatest within natire range. ~'oletant of saturated solls. tntoletartt of mechanical lnJury (poor compattmentalizadora). Limited tolerance to micoclimate r:hangt. Tolerance greatest within native range. Pest ptobleau associated with development impact's, Source Matheny & Clark H}ghtshoe, Sydnor Matheny & Clark Day Coder, Hlghtshoe, Sydnor Coder H-ghtstioe S. Clark, Coder, Matheny & Clark, Sydnor - Fraedrich, Sydnor Coder Coder Coder Matheny & Clark, Sydnor Coder Coder Coder, Sydnor Gilbert Coder i 1 r Comnnon name Scientific name. Sweet rnbapplc Mnlert coronarta Apple Mafusdomestfca - `= Pra[rie rnbapplc Males ioa~cis :~. White mulbeay l~forvs aJba • White mulberry MorusaJba Red mulbeay Mores tubtc.:.;:..<... Southern bayberry Myrfca crrf~era•-' ;- Evergreen bayberry Myrica hetrriophylia Water tupelo Nyssacrguat3ca Ogeechee tupelo Nyxscr odeche Blank gum• Nyssa syhwtioa . Devilwood Osmanthus I arrrafcartus American Ostrya vfrgfrrfana hophombeam t Sour»~ood Ozydasdtsan arborcurts Soutwood Oxydctdrum arborrum Empress-tree - Pcarlownia tbmarfosa Redbay Pasco borborria Norway spruce Piaa abics Whitt spruce Puna Slarua Black spruce Pfua mariarra Co-orado spruce Pfcco punsens Pinckneya Pirttktrtyapubars Jade pint Pius bariTeslwra Canary [stand pine Pines aucar3er:sis Shottlea! pine' Pines echirrata Pinyon pine Pirtus tcfufis • Relative toieraricei Modente:go~d Good Good Moderate Good Good - Good Good ~ . Good Moderate Good Moderate' Moderate Moderato Poor Good C:ood Moderate Moderate . Cood Moderate Comments , , intolerant o! mechanical tniuty (poor compartmentallzation). i.lmited tolerance to trilcsodlmate change. 7blerance greatest within native range. Pest problems assodated with development impacts. . Tolerant of some fill Tolerant of dltturbance and 611. -ibterant of disturbance and fill. Moderate Good Good Modetattigood Moderate tAssigned either try source or by Matheny and Cl:tk. intolerant of mechanical injury (poor compartmentalisation). Response constrained by soil aeration and water availability. - ResporLSeconstrained by soil aeration and water availability. Intolerant of mechanical In(ury (poor compartmentalisation). Intolerant of toot loss and saturated soils.'i~vo-lined chestnut bores will attack following disturbance. Response is site dependent. Wirrdfirm. Tolerant of site disturbance. Oft;ert wlndthrows. intolerant of toot lou. Tolerant of rootioss. lntettnedlate in tolerance to saturated solls. Tolerant of toot loss and saturated soils. Intolerant of saturated solls, intermediate In tafetana to coot loss. Often wlndthtov+n. Intolerant of mechanical injury (poor compartrtientalitatfon). Tolerant of root loss. Intolerant of saturated solls. 'Mends to have sinker soots dose to trunk. Pat problems assodated with development impacts. Tolerant of some fill soli. '[blerant o[ toot pruning. intolerant of saturated and poorly drained solls, ~ ;i, . 1 •r Source Coder, Sydnor Sydnor Sydnor Matheny Sr Clark Sydnor Coder, Sydnor Coder Coder Coder Coda Coder, Sydnor Coder Coder, Hightshoe, Sydnor Sydnor Coder Sydnor Coder Sydnor. Hightshoe Hightshoe Day, Hightshoe, Sydnor Coder Hightshoe, Sydnor F11is Coder, Sydnor Day Reladve Common name Sdeatific name tolerance) Commcurts Source -• . Slash pine Spruce pint ,Austrian pint Longleaf pine Ponderosa pine Pinrts dliotlri Pinus glcrbm Pintrs rr~ra Pirnu pntystris Good Good Good Moderate-good Good Moderate•good Moderate Good Good Moderate Good Moderate Good Moderate-good Tolerant of some fill and root pnsninglinjury. Umlted tolerance to mlaodlmate,ithange.Tolerance greatest within native range. Tolerant of ftli wfthln drlpllne and root pruning. intolerant of poor dratriage, ovt:rwatering, and high-solable salts. Umlted tolerance. to miccocllmate change. Tolerance greatest within native range. Requires supplemental irrigation following disturbance. Tolerant of root loss. intolerant of saturated soils. Coder Coder Day, Sydnot Coder Day Pi,rcts•pondrnasa Table motuttafn pine Pirrtu prrrgau Monterey pine Red pine Pitch pine Digger pine Pond pine h'hite pine Pinru radiate Pinru rrslnosa Plrtrts rl~ida Pirtus srrbfrtiana Pi»ru seroti,ta Plnrrs stro~rs Scots pine Loblolly pine Virginia pine Virginia plot Planer tree London plane Eastern sycamore Pirnn syfvrstris Plrsrrs tneda Plnrrs s{trglrin,ra Pirrtu Yiraiirlaan PJar:cra agsrotica PJatanses x aad~alla P1atr:nrrt om'drntrrlls Poor-moderate Good Good poor or good lytoderate F,astem syamore , Platar:us ocrfdcnMltt Good YVestcm sycamore Platnmrs mamasct Moderate Poplars PopuGrs spp. Good E:~sterct cottor»rooct 1'njnrlrrs drltoldrs Moderate-good Westtm cotton}rood Poprdttt frrrrrorrtit Poor Blgtooth aspen PoptrlsrsSrrrrrdIrlerrtatn Poormoderate l.nrttb~rdy poplor Poj,rrftrs uisra Moderate•good 'Itallca' i Assigned either by source or by 1vlatheny and Clark. To~etant of toot loss. Intolerant of saturated sous or changes In ~oU moisture. Response often site dependent. To~enutt of root loss. lntoletant of saturated soils. Moderate tolerance to toot loss. Intolerant of saturated solh, Injury fncseases suscepdbility to southern pine beet]e. Prone to windthrow and root decay. T Response appeau to tx location dependent. In.eastern US., str4ss intolerant fn northern part of rangy In California, very tolerant. Benefits horn supplemental l:rlgation. Intermediate tolerance to coruttuctlon damage: Moderate tolerance of fUl soil. Show conslderab]e resistance to "contractor pressures," intecmedl~te to good tolerance of root loss, fill soil, and saturated soils, Prone to wlrtdthrow and decay. Tolerant of toot loss. intolerant of saturated soils. 'tolerant of minor amounts of [W. tntolctant of changes to soU moisture. Decays rapidly. Suscepdble to wlndthrow, Coder F.]lts Hightsltoc, Sydnor Coder, Sydnot Matheny t~ Clark Coder Coder, Hlghtshoe, Sydnor Hightshoe, Sydnor S. Clark, Coder, Sydnot Matheny Si Clazk, Sydnor Coder Coder Matheny Sr Clark, Sydnor S. Clark, Sydnor Coder Matheny & dark Gilbert S. Claris, Coder, Hightshoe, Sydnor blatheny ix Clark Hightshoe, Sydnor Beck r. i Relative Common name SclentiRe name toIerancel Comments Source Plains cottonwood Pnputussargenb~ Moderate Defoliation and dleback may Eoltow excess[ve coot loss. Day intolerant of crown reduction pruning. Suppleciiental Irrigation required following rootlnjury. Tolerant, of some grade change. Quaking aspen Papules Armuloirtcs Moderate Tolerant of root loss. intolerant of saturated soils. Day. Hightshoc Black cottonwood Poputus tridrocarpa t'oor Mature trees prone to windthrow and hunk failure. Peepre ~ , American plum Prw:us amufcana Moderate Intolerant of mechanical injury (poor compartmentalization). Coder Response constrained by sotl aeration and water availability. Chickasaw plum Prwrus arrarutf fatfa Moderate intolerant of mechanical injury (poor compartmentallzadonj. Coder Response constrained by soil aeradon and water availability. Carolina laurrlcheny !'tunas c~rafinlarsa Good ~ Coder Canada plum Prunes rrtara Moderate Tolerant of toot loss. Intolerant of saturatedsoUs, Hlghtshoe Fire chewy Prunusparsylv+antca Moderate Intolerant of mechanical Injury (poor compartmentaUzadon). Coder Black cherry Prnnret serobrra Poor ~ intermediate tolerance to root loss. intolerant of saturated sous. Hightshoe, Sydnor Seiedyoung, vigorous individuals for preservation. Black cheery Prunes scrotina Moderate Intolerant of rnechanleal Injury (poor compartmentaUzatlon). Coder Flatwoods plum Prunes ur»txtlata Moderate intolerant of mechanical Injury (poor compartmentalization). Coder Douglas-fir Psautotsc;ga Poor•good Tolerant of fill toll if limited toone-quarter of root zone. Beck, Dunster - rnrnztesli However may dec]tne slowly following addirion of fill. Tolerates root pnrntng. intolerant of poor drainage. Susceptible to bark beetles following Injury. tioptsee Ptetea trifotlaor Moderate intolerant of mechanical injury (poor compartmentalization?• Coder Gallery pear Pyres ealleryaira Moderate Intolerant of root pruning. Fraedrich Oaks Quenus spp. Moderate Gilbert Coast live oat; Queries aarifolla Good Sensfdve to addition of fill soil around base of trunk. Matheny 6r Clark i lntolaant o[ frequent summer Itrigadon. Bark it sensidve to runbum following pnuiing. White oak Qrrerttts albs Poor ~ intolerant of root Lou wad saturated rolls, Hlghtshce White oak Qrrarus albs Moderate ' • S. Clark White oak Qucrcusalba Good A common survivor of construction acdvity. Moderate Coder, Sydnor tolerance to fill soil. Response constrained by soil aecatlon . and water availability. Swamp white oak Quaart bicolor Good Tolerant of some fill. Day, Sydnor Scarlet oak Quatsrs eadnea Poor•moderate [ntolerant of construction tnjttry. S. Clark, Sydnor Scarlet oak Quer~etts eoczirrea Good Coder Ourand oak Qucrus rturandti Good Coder Southern red oak Qurnaa faltata Modetate•good Largely Intolerant of construction Injury. S. Clark, Coder, Sydnor Chercybark oak Quenacs fckatYt Good Coder ~ vat; paaodaejotlet . I Assigned either by sourer or by Masheny and Clark ~, .; ~ • r i Et~]atfve Common name Scientific name toleraneel Comments Source Oregon svhlte oak Qrcratsgarryrrna Good Shingle oak Qrrarrrs tmlTricnria Good Bluejaek oak Qaemrs lneance Good California black oak Qrrtrctr~lcrlloagi! Moderate Turley oak Qrrercus lnevis Good Laurel oak Qrr~rtcs lnrrrijolla Moderate Palley oak Qrraau lobnta Overcup oak QtrrnClu lyraM But oak Q~rerclrt nrrtc~o~carprr Bur oak BlacljacS: oak Swamp chestnut Chinquapin oak Water oak Pin oak Qiurrirs macracrrrpcr Quaair mnrilanrffca oak Quat:cr mkhrnrzlt - Qurnnrs rmrehlerrberal! Qrrmrs,rrl~,cr Qrrereus paliestris Willow oak Qtrdcurphrllos Chestnut oak Quattts prinsrs Northern red oak Qrraats rubra Shumard aak Qrrcrciu s?trmtntdi! Post oak Qrremrssttttntn tt1:,~ k oak Qrrttc7rs vrlutirrn Eiiack oak Qutrttcr veluWra Live oak Quactrs vlrglrrlrmn Moderate Good Moderate Good Good Good Good t Subject to nutridonal problems,when alkaline subbase is used. intolerant of extreme variation in moisture. Poor compartmentallzadon response. Intolerant of summer lnigadon and 1111 soil. . Relatively tolerant of root Injury, although may be associated with aosm dleback. Supplemental l:rtgatlon tequ]ted following root injury. interrnedlate tolerance to saturated soils (prairie areas, U.S.). ' Tolerant of fill and compacted soils (eastern US.) Tolerant of site disturbance. Good Tolerant of saturated Bolts. Modento-good tntermedlate tolerance of coot loos and saturated soils. • Moderate-good ,Response wined by soli aeration aad water availability. Moderate-good Response constrained by soil aeration and water avallablUty. - Tolerant undtx good.growing mnditltuu. Modcrate•good Response constrained by soli aeration and water availability. Llmfied tolerance to m{crocllmate change. Tolerance greatest within native range. Tolerant of root loss. Good Poor-good Yarlation may be ~eogtaphlc In origin; poor in south, goad In mldeastem US. (Ohio). Moderate Intolerant of root loss and saturated soils. Good Good }sigh tolerance for various soil types as well as trenching, compaction, and drought. Good compattmenta]l7ation resporuc. Umlted tolerance to site change.'foletance };realest within native carigr, - t r•sstgrsed either by svuree of by Matheny and Ct~rk Bell, Matheny & Clark Sydnor Coda Matheny & Clark Collet Slebenthaler Matheny ~ Clark Coder Day, Hlghtshoe Sydnor Coder Coder Coder, Sydnor Coder, Sydnor S. Clark, Hlghtshoe, Sydnor Codc~ Sydnor Coder, Sydnor Coder, Hlghtshoe, Sydnor Coder, Sydnor S. Clark, Coder, Sydnor Hlghuhoc, Sydnor Codct Collet, Siebenthaler, Sydnor i t Relative Common name ScIenHHc name tolerance! CaroLna buckthorn Rhamnru aarollnlarra` Moderatc~~ Catawba rhododendron Rosebay rhododendron Shining sumac Smooth sumac Staghorn sumac Black locust WUlow Weeping willow Coastal plain wil Black wlllow Rhododertnlron catawbJrnse Rhodorferrdron mazfmrori Rhiu copallina Rhru glabra Rhrs tYphlna Robinfa pseudoacacla SalTx spp. Sallz babylonka low Salix catotJnfaria Sa!!z nlgrrr Moderate Moderate Moderate Moderate Good Good Modaate•good i~Ioderate•good Good Good SI Iky wlilo+v Sallx srricea American elder Srtmbtrots eanailrnsLs Sassafras Srusajms nlbldirm C.ilifomia peppemee Coast rMwood Sec~rtola scmpernn~rs (;ia~st redwood Sequofadaufrorr gl~tntaim tYlrnuuain ash Sorbru mrcupctrln AnttYit7xl bfaddemut Staphylaa trljolla Vifgiilia S1CVYailia Sresmrtla malarorlerrchari btauntain stewartia Srcwariia avafa Anurlnrt snawbcll Styrnxamertcana itiRttaf xnrxvbetl Styraxsrattrlljofla C:a,nnuin ss~ti~~ttcaf Syrtrplocos dnctoria Good Coaunents lntoletanitof mechanical lnjury (poortompartmentalizatlon). Response conshained by soil aeration :and water avaliablilty. intolerant of mechanical injury (poor compattmentaliution). Intolerant of mechanical injury (poor compattmentaiization). .. Source Coder intolerant of mechanical lnjury (poor compartmentaliution). intolerant of mechanical injury {poor compartmentalization). Regenerates quickly from root sprouts following disturbance. Tolerant of root loss and Ril soil, Intolerant of saturated Bolls. Sensitive to borers when stressed, Moderately tolerant of root pcunfng and fill soli. Show considerable reSiTtant:e t0 ~COntr'dCtO[ ptessures." D(sturbance may lead to cankering, 7bltrant of some fill. lnaeased Ukelihood of windthrow with saturated Bolls. Tolerant of root loss and saturated Bolls. Tolerant o! some fill. Pool Resporue is slit dependent, Good Regenerates atom root suckers following disturbance, Schlrrics moJJe Moderate Good Supplemental irrigation requlnd !f !orated out of native range, as well as during mnstniction and following injury. Moderate Intolerant of summer irrigation and fill soil. Modetate Tolerant of root loss, (ntermedlate !n tolennce~to saturated soils Good Good Good Moderate Moderate Good lA.~slt;iis,i ~9tiu r tsy snnnr rx by Matheny and Clark a intolerant of mechanical lnJttry (poor compartmentalization). Response constrained by soli aeration and water availab111ty. lntol~rant of mahanlcal injury (poor mmpatttnentalizatlon). ' Response constrained by soU aeratlon and water availabitlty. Intolerant of mechanical injury (poor rompartmentaUzation). ,' Coder Coder Codet Coder Sydnor Hlghtshoe, Sydnor Day, fraedrich, Gilbcrl S. Clark, Sydnor Coder Coder. Hightshoe, Sydnor Coder Coder Coda, Sydnor Ellis Matheny & Clam: Matheny £~ Clark Hlghtshoe Coder Coder Coder. Cody Coder Coder Relat3vt n_. Common name Sdentific Warne toleraneel Comments ~ Satuce IIald-cypress Fcuotrurn disDChrurr Good Adapts readilyzto wide range of soils, wet co drS; sandy S. Clark, Coder, to heavy. Tolerant of alkaline soils.'Ihrnk does not disturb Slebenthalel pavement but ]mecs may emerge 1n yards. fond cypress Tnxodlurn dlitielrrnn Good - ~ Coder l;octhcm tivhite odor vaL rrrrtans T?rrrja ocrirfrntatis Good Tolerant of root loss, some fill, and satunttci soils. Higlsahoe, Sl~dnor 1~'estern red cedar Tlr:rjcr plkrrtrr Good Relatively windfirm. Intolerant of changes in water Peepre tableJsoll moisture. 1~'estern red cedar 77rttjrt plJcarrr Poor-moderate Response Is very site dependent, probably related to soil molstucr. Beck, Dunster Intolerant of fill. Linden Tr!!a spp. Moderate-good Modentety tolerant of toot pruning. Considerable resistance to S. Clark, Gilbert, . "contractor ptesstues." FYaedrich Bas4~~•ood Flia anrrricrrrtn Poar 7bletarit of toot loss. Intolerant of saturated soils. Intolerant of Hightshoe, Sydnoc site disturbance and fill. Carolina basnrood TiJIa carolirrJarra Poor ~ Response is site dependent, Coder trYhite bass~rood Thin lretrraplty!!n Poor Response is site dependent. ~ Coder Poison sumac Tox3ctirlarrJrarr Moderate Intolerant of mechanical injury (poor compartmenta112ation). Coder r~srJx Eastern hemlocl: Tsrrgn cartactaisls Poor intolerant of till and saturated sons. Coder, Sydnoc 1\ks:em hensloci: Tsrrgr:lrereroplry!!n Poor-moderau Prone to windthrow, decay, and dwarf mistletoe. intolerant of Beck, Dunsta, Peepre grade change. Poor compartmentallratlon. 1,'lyr, Ulants spp. Cood Tolerant of root pruning. rraedrich +~inged dm fllrrrus alarm Good ~.. Coder American elm Ulnrtts arrrrriurrra Good Tolerant of toot loss and site disturbanee..Intermedtate !n Dad; Hlghtshoe, Sy~dnor ' tolerance to saturated soils. Amerirnn rim Ubnru aurertntrra T'~fodecate Pest problems associated with development Impacts Coder • (sQcrtheastem U.S.). S'ibcrian clrn Ulrrsts punrJla Good Tolerant of fill soli, root prurttng, !n(uiy, a wide range of soil Day moisture conditions, and hlgh•sotublesalts. Slipixry eb» UJrnus rerbra. Good Tolerant of root loss. interrnedlate in tokrance to saturated Bolls. Hlghtshoe Siippcryrlit~ tJbntr~ nrbrn Modente Pest problems assodated with development lmpaas Coder - (southeastern U.S.) California bap IJrnlx!!irlarla Moderate intolerant of fill soU. kiatheny & Clark calJjonricrr . Sparkieberr;~ t~aainJran arbot+uan Moderate Response Is site dependent. _ Coder i'osswnllaM'viixunual Ylbarrrwrr atrcGMlr Cood , Codef Walter's ~dburnum Ybumrari obovahmr Good Coder ' I.tsrigrxKl ~~Ithcr by sourm ur by Mathcny and Gtark. ~ , t . Mi Relatlve ' Common name Sdentifie name toleraneel Comments Source Rusty black haw Vtbrrrrrum arfutrJum Good - Nerniles club Zanthoxylum Moderate intolerant of mechanical Injury (poor compartmentalizntton) clava-trcmtlis Coder Coder 1 Assigned either by sa~ree ar by Matheny artd Clad:. REFERENCES Beck, M. 199b. Northwest Arborvitae, WoodlnvWe, WA. Personal communication. Bell, H. 199b. ANEW LEAF, Merlin, OH. Personal communication. Clark, S. 1996. Steve Clark & Assotzates, Brentwood,'iN. personal communication. Coder, K0.199b. Univeaity,of Georgia, Athens. Personal cotnmtrrilcation. Cullen, S. 3 996. Consultirfg athorist, Greenwlct~, CT. personal comrnuNcdHon. Day, S. 1996. Day &Associates, Uttleton, CO. Personal communication. Ellis, D. 1996, Deborah pits, Horticultural Consultant, Saratoga, CA. Personal rnmmunlcation. Friedrich, B. 1995. Solutioru of fret and sidewalk conflicts. Ciry Treu. pp. 13-15. May June 1995. Gilbert, O, 1996, Retaining trees on construction sites. Arborindtrual Journal, 20:3945. _ Hightshoe, G. 1988. Native ?Tees, Sfinrbs and Vnrrs (or UrGvrr ~nrf R-rrnl Arrraica. New York: Van Nosttand Reinhold. B 19 pp. Peepre, J.S. Undated SavirrgNatire 7}trs in the Lower Mnfnioru(. Vancauvet, BC: J.P. Peepre & Assodates. Siebenthale~ J, 1996. Clearwater, Fi_ Personal communication. Sydnor, T. 1996, Ohio State University, Columbus, OH. Personal communication. .~, ._ :: ,.., , . ;, j APPENDIX D: TREE PROTECTION AREA SIGNAGE TREE PROTECTION AREA Machinery, Dumping, Construction, Parking, or Storage of Any Materials is .PROHIBITED By City of Winter Springs Violators are subject to municipal infraction citations of up to $5000 per violation. Enforced by the City of Winter Springs Pursuant to Chapter 5 of the City Code The sign shall be made of rigid material such as wood, metal, or durable plastic. Non-rigid materials such as paper, cardboard, cellophane, or foil are not acceptable. The sign shall be two (2) feet wide by three (3) feet long. City of Winter Springs Ordinance No. 2002-OS APPENDIX A.: UNDESIRABLE TREES ,_ otn Na . e . Mimosa silk tre , e Albizia ju/ibrissin Woman's tongue Albizia lebbeck Orchid tree Bauhinia variegata Bischofia Bischofia javanica Carrotwood Cupaniopsis anacarrlioides Australian pine Casuarina litorea Suckering Australian pine (=C. equisetifolia ) Casuarina glauca Camphor tree Cinnamomum camphors Laurel fig Ficus nicrocarpa :Glossy privet L,igustrum lucidum Chinese privet, hedge privet Ligustrum sinense Melaleuca, paper bark Mela/euca quinquenervia Chinaberry Melia azedarach Catclaw mimosa Mimosa pigra Strawberry guava Psidium guajava Guava Downy rose-myrtle Psidium Montana (= P. littorale ) Popcorn tree, Chinese tallow tree Rhodomyrtus tomentosa Sapium sebiferum Schefflera, Queensland umbrella tree Scheftlere actinophylla (=Brassaa 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 contortisilquum Goldenrain tree Koelreuteria elegans Lead tree Leucaena /eucocepha/a Senegal date palm Phoenix reclinata Castor bean Castor bean Rose-apple Syzygium jambos 0309treeord.xlsAppendixA