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Home My WebLink About2002 11 11 Other - Document Pertains to Tree Removal . APPLICABLE LAW AND PUBLIC POLICY: .. On April 8, 2002, Chapter 5 of the CIty Code was repealed and replaced with Ordinance No. 2002-08 (pertinent sections enclosed. as attaclunents). Sec. 5-2. Intent and Purpose. Sec. 5-3. Definitions. Sec. 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. Sec. 5-8. Specimen or Historic Trees. \X. Sec. 5-14. Tree Protection During Devel~pmeDt and Construction; Periodic Inspection. Sec. 5-16. Waivers and Appeals. . . . '. . . . ATTACHMENT A Ordinance . ..:.1, ~. ". WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of tile 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. Repeal of Prior Chapter 5. The City of Winter Springs Code, Chapter 5, is hereby repealed in its entirety. A copy of Chapter 5 is attached hereto as Exhibit "Al> for reference purposes to indicate the provisions hereby repealed. Section 2. New Chapter 5 Created. A new Chapter 5 of the City of Winter Springs Code is hereby created as follows: CHAPTER 5 - TREE PROTECTION AND PRESERVATION Sec. 5-1. Applicability. This ordinance shall be aQPlicable to all land lying in the incorporated area of the City of Winter Springs. Florida. Sec. 5-2. Intent and Puq~ose. W 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. . ~ ;/ ill Intent. The intent of this Chapter is~{o encourage the protection of the maximum number of Trees within the Primary Tree Protection Zone and of Large Specimen Trees within the Secondary Tree ~rotection Zone. It is further the intent of this . Chapter to encourage the protection of Trees native to Central Florida. .' 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 except in accordance with the provisions set forth herein. Notwithstanding. in case of emergencies involving natural disaster such as. but not limited to. flood. freeze or other natural disasters. the requirements oftbis ordinance may be temporarily waived by the City Commission by resolution. City of Winler SprinGS Ordinance No. 2002-08 Page 2 or 19 .., . (Q} (gl . (d se~ 5'- 3 w ~ ffi (ml Preferred Plant List. Preferred Plant List shall mean the list of plant materials and corresponding Tree Renlacement Credit shown in Appendix "C", which may be amended from time to time by the City Manager in writing. (ill 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. {Q} Protected Area. An area surrounding a protected. Historic, or SQecimen Tree within which physical intrusion is Qrohibited 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. Protective Barrier. Shall be a circle of one-inch to two-inch wide stakes spaced a maximum of eight (8) feet from each other at the perimeter of the Tree Protection Zone and which extend out of the ground at least eighteen (18) to twenty-four (24) inches. with the top two (2) to four (4) inches marked by flourescent orange paint or tape. Replacement Trees. Replacement Trees shall at a minimum comply with the provisions of Subsection 5-9. 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. .Specimen Tree. A Tree, other than an undesirable tree. dead tree, or diseased tree. that is twenty (20) inches or more in diameter. . Stem. The main trunk of a plant: its primary axis that develops buds and shoots instead of roots. \ fu) Topping. The severe cutting back oflimbs within the Tree's crown to prevent normal growth to such a degree so as to remove the normal canopy and disfigure the Tree. (y) Transplant. The act of relocating an existing Tree upon the same lot. !2a 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 (I5) feet. . City of Winter SprillI;s Ordinance No. 2002-08 Page Ij of 1<J ... . . e. 5e.c ,f- 8 ili2 ;:::::::-7 Sec. 5-9. w Historic Tree designations shall be subiect to aRProval by resolution of the City Commission and the City Commission may grant tree replacclllcnl crcdit~on granting an Historic-Tree designation. Removal. Notwithstanding any other provision of this Chapter. SRecimen or Historic Trccs shall not be removed except for extraordinary circumstances and hardships and only by final permit apRroved by the City Commission. Tr-ee Replacement Guidelines. ill Tree Replacement. All Trees that are removed or destroyed and subiect to replacement by this Chapter shall be replaced by a species of Tree cited in Appendix B, Desirable Trees or Appendix C, Preferred Plant List or such other Trees prooerly approved by the City Forester. Replacement shall occur within ninety (90) da~s of removal or destruction unless a greater replacement period is provided for good cause hY..Rerrni t. (Q} Criteria for Replacement Trees is as follows: ill 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. ill ill ill ill Size 0 Re lacement Trees. Re lacement Tree s are to be made accordin~ to a standard of one (I ") inch DBH total replacement for .each one (I ") inch DBH removed, unless (I) the Trees are replaced w~th Trees from the Preferred Plant List: or (2) otherwise agreed upon by the City Cominission and applicant. Acceptable spacing and. design standards are the only criteria that shall limit the number.of Trees used to meet the inch for inch rCQuirement. Tree Species. Relocated or Replacement Trees shall include only species defined as Desirable Trees (Appendix B) under this ordinance. Transplanting and Maintenance Requirements. All Trees transplanted pursuant to this ordinance 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 perpetual jurisdiction to ensure compliance with. this Chapter. Waivers of Replacement Tree(s) Specifications. The number of required Replacement Trees may be waived by the City Commission. if the City Cily or Winler Springs Ordinancc No. 7.007.-01'\ 1';I/.:C II or 19 . ff} . . l' ill Any new single-family or duplex dwelling unit on a lot of less than 6,000 square feet or greater not fcwer than two (2) Trecs. (Ql Any ncw single-familv or duplcx dwelling unit on a lot of less than between 6,001 and 10,000 square feet: not fewer than three (3) Trees. . CD Any single commercial, industrial, multi-family or other structure requiring site plan approval under the City land develoRment regulations: no fewer than five (5) Trees or approximately three (3) Trees per acre, which ever is greater. Sec. 5-14. Tr'ee Protection During Development and Construction; Periodic Inspection. ill Restrictions During Construction. It shall be unlawful for any Person, during the construction of any structures or other improvements. to place solvents, 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, De{Jartment of Agriculture and Consumer Services Publication, Tree Protection Manual for Buildings and Developers. Burden of Tree Protection on Property Owner. It shall be the responsibility ofa developer or applicant to ensure thatany 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 pennitted 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 Q 5-17 of this Chapter. Protective Barriers Required. Posts shall be used as Protective Barriers to the roots and Trunk of every Tree on the parcel being developed. The posts shall be placed at points not closer than one-halfradius of the Dripline of the protected tree. unless the structure has been permitted by the City to be erected within the Dripline of a Tree with a wide canopy. Each section of the barrier shall be clearly visible (flagged with brightly colored plastic tape or other markers). No attachments or wires other than those with a Rrotective or non-damaging nature shall be attached to any Tree. City of Winlcr Springs Ordinancc No. 2002-08 Page 15 of I') . ~ill . ili2 Sec. 5-17. ill (Q) e. , (QJ Sife IlIsf}ecfiolls. The City Forester may conduct periodic insRections of the site. It is the responsibility oCthc aI2P1icant to ensure that all provisions of this Chapter are 111 c t. See. 5-15. \folunlact' TrOtc Planting. Sec. 5-16. Waiver's and AI.!pcals. Waivers. The City Commission may grant a waiver to provisions of this Chapter where the apRlicant demonstrates that the literal interpretation of the ordinance 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. 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 thc 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. Appeals. Any Person adversely affected by an administrative interpretation of this Chapter may appeal that interpretation to the City Commission by filing a written notice of appeal of said interpretation within thirty (30) days of said interpretation. Failure to file an aRpeal within said time period shall result in the administrative interpretation to be declared final. '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. Remedial Action. Violations Require Remedial Action. Where violations of this Chapter have occurred. remedial action shall bc taken to rcstore the property consistent with a restoration plan approved by the City Forester. The restoration plan may require Tree rcplacement at not more than a ratio offour to one (4: I) and require mitigation of any other damage to the proRerty, as well as Tree replacements. Replacement Formula. Each Trcc dcstroyed or receiving maior damage during construction must be rcplaccd by cither a comparable size and desirablc type of Tree as listed within ^E1>Clldix I3 or four (4) Replacement Trees before issuance of a City or Will[er SprillGS OrdillilllcC No. 2002-0l\ Paee I (j or 19 ....-- H , : 929 \~27'" 928: " 930 926', , - . ~ -, , - - ^ , 15 900 G z o :xl -4 ::t m :xl Z , , '.\'. '.\' ',\' '.1' , : , : \:- , . -----rj-------- - - - .., .. , o M \0 N bO ~ 'tl '" .~ 1218:, 1220 ~ ' u F '.\' " ..:..1......... .'-' ;::.... ........... ,':: - - - , , , . , , , : 1217 : 1219 E , r - ---7--- , , , , , , , : 1314 , , , , , , " , , , "". \ \ - " 949 _ _ - - ___ '. - " -' , 951 _--- '. '. . .."" \ \ - 953 . . _ - -'. .', --.----, . 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