HomeMy WebLinkAbout2002 03 25 Public Hearings B Second Reading - Ordinance 2002-08 Tree Protection
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
March 25. 2002
Meeting
Mgr. /
Att. /
REQUEST:
The Community Development Department and the City Attorney present to the City Commission for
a second reading Ordinance No. 2002-08 amending Chapter 5 of the City Code by repealing the
existing Arbor Ordinance and adopting a new ordinance entitled Tree Protection Ordinance.
PURPOSE:
The City is committed to preserving and enhancing the green spaces within the City. The
preservation and maintenance of existing trees along with regulations controlling the installation of
new trees is one way for the City to meet its goal. The City Staff has reviewed the existing Arbor
Ordinance and has advised the Commission that the current Ordinance should be substantially revised
in order to preserve and protect the citizens of the City of Winter Springs and to promote a more
aesthetically and environmentally pleasing community,
APPLICABLE LAW AND PUBLIC POLICY:
City Ordinance Number 711, adopted March 22, 1999, amending ord, No. 451, adopted March 27,
1987,
Section 2(b), Article VIII, of the State Constitution.
Page I of 2
CONSIDERA TIONS:
Staff has encountered enforcement issues under the current City Code. It is believed the proposed
ordinance will correct these issues, but will further enhance the City's tree protection program by
clearly and more precisely providing for criteria and permitting requirements necessary for the
removal of trees. The Ordinance also provides for a specific and definite penalty provision which is
designed to encourage compliance. The Ordinance also has several exemptions and waiver
categories, as well as a provision for timely appeals of administrative decisions.
STAFF RECOMMENDATION:
The Community Development Director and City Attorney recommend the City Commission approve
this Ordinance,
ATTACHMENT:
Ordinance No.: 2002-08
COMMISSION ACTION:
City Commission passed Ordinance 2002-08 on first reading on March II, 2002 with minor
amendments; all of which have been made.
Page 2 of 2
ORDINANCE NO. 2002-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CODE OF ORDINANCES BY REPEALING THE EXISTING
CHAPTER 5 ENTITLED ARBOR IN ITS ENTIRETY, AND
ENACTING A NEW CHAPTER 5 ENTITLED TREE
PROTECTION ORDINANCE; PROVIDING FOR
APPLICABILITY; LEGISLATIVE INTENT AND PURPOSE;
DEFINITIONS; PERMIT APPLICATION AND
PROCEDURES; DESIGNA TION OF SPECIMEN OR
HISTORIC TREES; TREE REPLACEMENT CRITERIA;
PROHIBITIONS; EXCEPTIONS; TREE PROTECTION
DURING DEVELOPMENT AND CONSTRUCTION;
WAIVERS AND APPEAL; REMEDIAL ACTION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORA TION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under ~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."
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, the City Staff has reviewed the current Arbor Ordinance and has advised this
City Commission that the current Ordinance should be substantially revised in order to preserve and
protect the citizens of the City of Winter Springs and to promote a more aesthetically and
environmentally pleasing community; and
City of Winter Springs
Ordinance No. 2002-08
Page 1 of 19
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. 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 "A" 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 applicable to all land lying in the incorporated area of the City of
Winter Springs. Florida.
Sec. 5-2.
Intent and Purpose.
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,
ili2 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.
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 of this ordinance
may be temporarily waived by the City Commission by resolution.
City of Winter Springs
Ordinance No. 2002-08
Page 2 of 19
Sec. 5-3.
Definitions.
As used in this Chapter. the following terms shall have the meanings indicated unless the
context clearly indicates otherwise:
W Caliper. Measurement of Tree eight (8) inches from soil level.
ill City. The City of Winter Springs, Florida.
.uu City Forest. The aggregate of all street Trees and all park Trees.
@ Crown, The mass of branches, twigs and leaves at the top of a Tree, with particular
reference to its shape,
@ DBB. Diameter of trunk at breast height. (approximately four and one-half(4 112) feet
from the ground of a Tree base).
ill 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 Commission bv
resolution.
{g} Drivline. The vertical line runnin~ 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.
ill 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
ordinance, all machinery which utilizes steel tracks for traction shall be considered to
be Heavv Machinery. regardless of weight.
ill 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. The removal or grubbing, by any means, of any type of vegetation
from land, not including, however, activities governed by a Tree Removal permit.
ill. Person. Any individual. firm, corporation, partnership, ioint venture association,
principaL trustee, municipal corporation, political subdivision, or special district. or
any agent or representative thereof.
City of Winter Springs
Ordinance No. 2002-08
Page 3 of 19
(m) Preferred Plant List. Preferred Plant List shall mean the list of plant materials and
corresponding Tree Replacement Credit shown in Appendix "C".
(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.
(Q) 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.
uu 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 Dripline of the Crown 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.
{g} Replacement Trees. Replacement Trees shall at a minimum comply with the
provisions of Subsection 5-9,
W 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.
W Specimen Tree. A Tree which is determined by resolution of the City Commission to
be of value to the community. because of its type. size. age or other significant Tree
characteristics.
ill Stem. The main trunk of a plant: its primary axis that develops buds and shoots
instead of roots,
M 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,
fy} Transplant. The act of relocating an existin~ Tree upon the same lot.
1W 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.
City of Winter Springs
Ordinance No. 2002-08
Page 4 of 19
W 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.
{y} Tree Replacement Assessment. Tree Replacement Assessment shall mean the total
amount of monetary compensation owed to the City of Winter Springs as provided
in this Chapter for the replacement of trees cut. destroyed. or removed as a result of
development or redevelopment.
W Tree Replacement Credit. The Tree Replacement Credit shall be equal to one-
hundred ($100.00) dollars and no cents in Tree replacement value.
(aa) Tree Trunk. The main Stem ofa Tree apart from limbs and roots.
(bb) Undesirable Trees. All types of Trees identified as "undesirable trees" in Appendix
A of this Chapter as amended from time to time by resolution of the City Commission.
Sec. 5-4.
Permit Required for Tree Removal and Land Clearing: Separate
Violations: Criteria
ill} 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. 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.
Dll Criteria. Upon receipt of a completed application and verification on-site by the City
Forester. a permit may be issued for Tree Removal under the following conditions:
ill Trees located on building and construction sites as shown on City approved
plans. provided said Trees are replaced elsewhere on the propertv in
accordance with &5-9 ofthis Chapter.
ill 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.
ill Trees severely diseased. severely iniured or dead.
ill Trees that interfere with the construction or repair of public utilities.
ill Undesirable Trees.
City of Winter Springs
Ordinance No. 2002-08
Page 5 of 19
@ 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.
ill Trees that have been approved by the City Forester and which shall be
replaced elsewhere on the property.
00 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.
W Review Standards, When making a determination on whether to approve or deny an
application under this Chapter. the City Forester shall apply one (1) or more of the
following standards of review deemed relevant:
ill Necessity to remove Trees which pose a safety hazard to pedestrian or
vehicular traffic or threaten to cause disruption to public services and public
easements through Encroachment.
ill Necessity to remove Trees which pose a safety hazard to buildings and other
improvements on a lot or parcel ofland.
ill Necessity to remove diseased Trees or Trees weakened by age. storm. fire or
other iniury that pose a safety hazard to people. buildin~s or other
improvements on lot or parcel of land.
ill 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.
ill Any proposed landscaping including plans whereby the applicant has planted
or will plant Trees to replace those that are proposed to be cleared.
@ Topography of the land and the effect of Tree Removal on erosion. soil
retention and the diversion or increased flow of surface water,
ill 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.
City of Winter Springs
Ordinance No. 2002-08
Page 6 of 19
00 Necessity to remove Trees in order to construct approved and permitted
improvements to allow economic enioyment of the property. including:
(A) Need for access around the proposed structure for construction
equipment (maximum often (10) feet).
.au Need for access to the building site for construction equipment.
(g, Essential grade changes.
ill) Need for locating street or road rights-of-way. utilities. drainage ways.
as well as the need to provide reasonable use and property access.
(2) The extent of any damage or demonstrated hardship which would result to the
applicant from a denial of the requested permit.
Q.Ql The species and size of the Trees proposed for removal.
QD The following factors shall also be considered:
@ Trees forming the current canopy.
.Qll Preservation of the next generation of Trees.
Sec. 5-5.
City Forestry Office.
@l Establishmel11 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.
(Q) Scope of Authority. The City Forester shall be charged with the responsibilitv 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.
W Responsibilities. The role of the City Forester shall include. but not necessarily be
limited to:
ill Receiving and processing applications for Tree RemovaL Land Clearing and
other permits under this Chapter.
ill Inspection of all property subiect to an application.
City of Winter Springs
Ordinance No. 2002-08
Page 7 of 19
ill Confirming all information provided by the applicant is correct and accurate.
ill To approve or deny all permit applications under this Chapter,
ill To issue cease and desist work orders upon Persons in violations of this
Chapter.
(Q} To bring violators of this Chapter before the Code Enforcement Board.
ill To issue code enforcement citations for any violation of this Chapter.
00 To augment the City's Forest by the planting or approval of planting of
additional Trees on public property.
(2) To keep a permanent record of all Historic or Specimen Trees designated by
the City Commission.
.QQ} To educate the public regarding this Chapter and the importance of
maintaining a City Forest.
Ql) To handle other related iob duties assigned by the City Manager.
Sec. 5-6 Permit Application.
W Filing Apvlication and Pavment of Fees. An application for Tree Removal and Land
Clearing shall be filed on official forms provided by the City's Forester. The applicant
may be required to pay a fee as may be established by resolution of the City
Commission. If the applicant is not the property owner, then the applicant shall attach
the written permission of the property owner to the application. Completed
applications shall be returned to the Forester, along with the following:
ill A Tree inventory consisting of a scaled aerial photograph or drawing of a
scale of one (1) inch equals three hundred (300) feet or greater indicating:
@ Property boundaries.
au The location of all individual Trees including the Tree's common or
botanical name.
.(Q An indication of all Trees proposed for removal.
City of Winter Springs
Ordinance No, 2002-08
Page 8 of 19
@, 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.
LID Within the Secondary Tree Protection Zone. a plan shall designate the
Trees to be retained. and those proposed to be removed.
(B The location of existing and proposed improvements. if any. including
structures. paving and utility easements.
ill Reasons for the removal of Trees.
ill The appropriate permit fees,
.au 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:
ill 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.
ill 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 may be given to the
protection of Trees during the site plan design process,
ill 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 for a building permit: the Tree inventory may be shown on the
building permit plot plan.
W Exempting Portion of the Tree Survey, Upon request the Forester may permit an
applicant to omit certain portions of the Tree inventory where compliance with the
requirements set forth herein would be unnecessarily burdensome and the exempted
portions are not needed for the City to evaluate the application.
City of Winter Springs
Ordinance No. 2002-08
Page 9 of 19
@ Permit Fee, A nonreturnable permit fee to be establishing bv 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 subiect to the application.
(ill Posting of Permit. The permit must be posted upon the property and visible from the
street to be valid.
Sec. 5-7
RESERVED.
Sec. 5-8.
Specimen or Historic Trees.
ill
Designation. Certain Trees. herein referred to as "Specimen" or "Historic"
Trees. are of especially great concern to the public because of ecological
value. of indigenous character. size. age or historic association.
Determination that a Tree is a Historic Tree shall be made by resolution of the
City Commission. 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) which are twenty
(20) inches or more in diameter. Designation as an Historic Tree may occur
in anyone of the following ways:
ill An applicant may request designation of an Historic Tree as part of
anv 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,
ill 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. city forester historian or other
horticultural expert.
ill 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
ill Historic Tree designations shall be subiect to approval by resolution
of the City Commission and the City Commission may grant tree
replacement credits. upon granting an Historic Tree designation.
City of Winter Springs
Ordinance No. 2002-08
Page 10 of 19
@
Removal. Notwithstanding any other provision of this Chapter. Specimen or
Historic Trees shall not be removed except for extraordinary circumstances
and only by final permit approved by the City Commission.
Sec. 5-9.
Tree Replacement Guidelines.
W Tree Replacement, All Trees that are removed or destroyed arid 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 properly
approved by the City Forester. Replacement shall occur within ninety (90) days of
removal or destruction unless a greater replacement period is provided for good cause
by permit.
@ 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 Size of Revlacement Trees. Replacement Tree(s) are to be made according
to a standard of one (I ") inch DBH total replacement for each one (I ") inch
DBH removed, unless (I) the Trees are replaced with Trees from the
Preferred Plant List: or (2) otherwise agreed upon by the City Commission
and applicant. Acceptable spacing and desi~m standards are the only criteria
that shall limit the number of Trees used to meet the inch for inch
requirement.
ill Tree Species, Relocated or Replacement Trees shall include only species
defined as Desirable Trees (Appendix B) under this ordinance,
ill Transplanting and Maintenance Requirements. All Trees transplanted
pursuant to this ordinance shall be maintained in a healthv, living condition.
Anv such Trees which die shall be replaced and maintained by the property
owner. The City shall retain perpetual iurisdiction to ensure compliance with
this Chapter.
ill Waivers of Replacement Tree(s) Specifications. 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. Substitute Tree(s) allowed
City of Winter Springs
Ordinance No. 2002-08
Page 11 of 19
under this Waiver provision must have the approval of the City Commission.
The value to be paid into the tree bank should be based upon wholesale
market prices,
@ Replacement Alternative. As an alternative to the one for one Tree
replacement requirement set forth in this Section. an applicant may elect to
comply with the following Tree replacement guidelines:
(A) Applicant may deduct from the number of Trees to be replaced. Tree
Replacement Credits based on the number of replacement credits as provided
in the Preferred Plant Material List provided that:
ill All plant materials are Florida Grades and Standard One (I) or
better; and
@ All plant materials are properly installed: and
(iii) The landscape plan for the proposed development or
redevelopment to which the credits are to be applied is
prepared by a landscape architect licensed by the State of
Florida: and
(iv) The Developer agrees to be responsible for the viability ofthe
replacement trees for one (1) year after installation. A
performance bond may be required to insure compliance.
(B) For every ten (10) trees located within a required public conservation
area. one (1) replacement tree credit may be applied. Such conservation area
must be a minimum of one (1) acre. not consisting of easements or other
dedicated areas such as roadways. utility easements. drainage easements. or
other such areas normally required for development. and shall consist of an
area with widths no less than 125 feet. unless otherwise approved by the City.
(C) For each tree located within a public conservation area of at least one
0) acre that is not required by law. ten (10) replacement tree credits may be
applied to each one (I) tree replacement requirement for development. In
addition. trees used to reforest such conservation area with material approved
by the City Forester. may be applied to the replacement requirement as set
forth in this section. Such public conservation area must be at least one (1)
acre with widths not less than 125 feet. unless otherwise approved by the City.
City of Winter Springs
Ordinance No. 2002-08
Page 12 of 19
(D) 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.
W Replacement Cost. The cost of replacing the Trees shall be incurred by the party that
removed the Trees or property owner.
Sec. 5-10.
Prohibitions.
W Placement of Materials. Machinery, or Temporary Soil Deposits. It shall be unlawful
to place material. machinery, or temporary soil deposits within five (5') feet of any
Tree Trunk or Stem having a diameter offour (4") inches or more at Caliper 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,
ili2 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.
W Tree Spiking. It shall be unlawful to introduce anv type of poison or reactive material
to a Tree for the purpose of causing it to die or become diseased.
@ Structure and Pavement Location. It shall be unlawful to place any structure or
impervious paving within eightC8') foot radius of any Tree Trunk or Stem having a
diameter of four (4") inches or more at Caliper.
w 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.
ill 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, braces or other similar noniniurious materials,
(g} Cut and Fill Guidelines, It shall be unlawful to remove anv material or ground within
a six (6') foot radius, Of as otherwise required by permit. of any Tree Trunk or Stem
having a diameter offour (4") inches or more at Caliper, which is necessary for the
growth of the Tree. Also when raising the existing soil leveL a maximum of six (6")
City of Winter Springs
Ordinance No. 2002-08
Page 13 of 19
inches of compatible topsoil may be added within the Dripline before retaining walls
must be utilized to preserve the function of the Tree's roots.
ill 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.
ill Shearing. Hat Racking. Topping or Poodle Trimming of Trees. Trees intended for
shade purposes shall be allowed to reach their mature canopy spread. Excessive
shearing, pruning or shaping shall only be allowed with a permit by demonstrating
necessity or without a permit in times of emergency only.
Sec. 5-11.
RESERVED.
Sec. 5-12.
Permit Contents; Expiration; Removal After Expiration of Permit.
W 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.
(Q) Permit Expiration. Any permit issued under this Chapter shall automatically expire
six (6) months after issuance. except for permits issued in coniunction with a building
permit which shall automatically expire six (6) months after issuance or at such time
the building permit expires. whichever is later.
(Q} 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.
(Q) Permit Displav. The permit shall be located and maintained upon the site at all time.
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:
W Any new single-family or duplex dwelling unit on a lot ofless than 6.000 square feet
City of Winter Springs
Ordinance No. 2002-08
Page 14 of 19
or greater: not fewer than two (2) Trees,
(Q) Any new single-family or duplex dwelling unit on a lot ofless than between 6.001 and
10.000 square feet: not fewer than three (3) Trees. .
W Any single commercial. industrial. multi-family or other structure requiring site plan
approval under the City land development regulations: no fewer than five (5) Trees
or approximately three (3) Trees per acre. which ever is greater.
Sec. 5-14.
Tree 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. Department of Agriculture and
Consumer Services Publication. Tree Protection Manual for Buildings and
Developers.
(Q) Burden of Tree Protection on Property Owner. It shall be the responsibility of a
developer or applicant 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 or Replacement Trees for two (2) years 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.
if} 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-half radius 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 protective or non-damaging nature shall be attached to any Tree.
@ Site Inspections. The City Forester may conduct periodic inspections of the site. It
is the responsibility of the applicant to ensure that all provisions of this Chapter are
met.
City of Winter Springs
Ordinance No. 2002-08
Page 15 of 19
Sec. 5-15.
V oluntarv 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
are required to be planted or retained under this Chapter. No tree or plant shall be planted
within a City rights-of-way or easement without express permission from the City Forester.
Sec. 5-16.
Waivers and Appeals.
ill} Waivers. The City Commission may grant a waiver to provisions of this Chapter
where the applicant demonstrates that the literal interpretation of the ordinance will
deny the applicant reasonable use of the propertv 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 ofa 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.
{Q} Appeals. Any Person adversely affected by an administrative interpretation of this
Chapter may appeal that interpretation to the Citv Commission by filing a written
notice of appeal of said interpretation within thirty (30) days of said interpretation.
Failure to file an appeal within said time period shall result in the administrative
interpretation to be declared final. The 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.
Sec. 5-17.
Remedial Action.
W Violations Require Remedial Action. Where violations ofthis Chapter have occurred.
remedial action shall be taken to restore the property consistent with a restoration
plan approved by the City Forester. The restoration plan mav require Tree
replacement at not more than a ratio of four to one (4: 1) and require mitigation of any
other damage to the property. as well as Tree replacements.
{Q} Replacement Formula. Each Tree destroyed or receiving maior damage during
construction must be replaced by either a comparable size and desirable type of Tree
as listed within Appendix B or four (4) Replacement Trees before issuance of a
certificate of occupancy or certificate of completion. Undesirable Trees must be
replaced with a desirable species,
City of Winter Springs
Ordinance No. 2002-08
Page 16 of 19
W 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 occupancv 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.
ill 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 iniunctive and
equitable relief.
Dll Penalties. In addition to all other remedies set forth in this Chapter. the following
civil fines shall apply to violations of this Chapter:
ill
Failure to obtain a permit. , .
Fine not to exceed $5.000.00
ill
Removal of a Tree without a permit. . .
Fine not to exceed $5.000.00 per
Tree.
ill
Any other violation of this Chapter. . .
Fine as provided by law.
W Civil Fine Determination. In determining the amount of the civil fine. the following
factors shall be considered:
ill The gravity of the violation.
ill Any actions taken by the violator to correct the violation.
ill Any previous violations of this Chapter committed by the violator.
@ The number and size of the Trees removed.
ill The historical significance of the Tree removed if the Tree was deemed
Historic.
(Q) Whether the violation is irreparable or irreversible in nature.
ill The remedial actions offered by the violator to restore the property consistent
with his Chapter.
City of Winter Springs
Ordinance No. 2002-08
Page 17 of 19
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 of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code, This ordinance 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
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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2002.
PAUL P. PARTYKA
Mayor
City of Winter Springs
Ordinance No. 2002-08
Page 18 of 19
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No, 2002-08
Page 19 of 19
EXHIBIT A
See, 5-1. Intent and pur'pose: applicability;
dcfi n i ti ons,
(a) Intent and plllpose, These arboreal stan-
dards of the city declare the tangible and intan-
'giblevalueof trees and plants t.o the citizens and
the community, in t.hat t.hey playa vit.al role in the
natural ecosystem of the city, benefiting the air,
water, soil, wildlife and other vegetation of the
environment, and in that greenery as well con-
tributes to the aesthetic aspects of life. Therefore,
precedent to any activity which requires alter-
ation of the natural vegetation on the land, an
application shall be presented to the city for
review of the extent and necessity of removal or
destruction of trees. No activity shall proceed
until a permit has been acquired from the appro-
priate city office, as prescribed hereinafter in this
chapter. All activity undertaken without such
permit shall cease and desist immediately upon
issuance of notice by the city.
)
I
(b) Scope of applicability. The regulations en,
acted hereinafter shall apply to all real property
within the city limits.
(c) Definitions. As used in this chapter, the
words and phrases listed below shall construed
according to the meaning specified herein:
(1) Bona fide logging operation: The good-
faith operation of the business of felling
: trees of merchantable size for lumber,
cutting them into suitable-length logs and
hauling such logs to some point for trans-
portation to and/or manufacture at saw-
mills and markets.
(2) Buildable area: That portion of a site
within the yard area on which a structure
or improvement, including driveways and
parking lots may be erected.
(3) Caliper: Measurement of tree eight (8)
(inches) from soil level.
(4) City forest: The 3ggregate of all street
trees and all park trees,
(5) Crow//: The mass or branches, twigs :1J1d
leaves at the top of a tree, with (lilrticul:lr
reference to its shape,
,\IWOI(
~ :)-1
(6) D.B,H,: Diameter at breast height, (ap-
proximately four and one-half (41!-2) feet
from ground at t.ree base),
(7) Drip line: The vertical line running through
t.he outermost. portion of the t.ree crown
extending t.o the ground.
(8) Encroachm,ent: The protrusion into a ve-
hicular accessway, pedest.rain-way, or re-
quired landscape area.
(9) Green area: Any portion of the site which
is planted and maintained in grass, shrubs
and trees or maintained as a natural
drainage area (exclusive of concrete or
asphalt or other paving materia]),
(10) Landscaping: Landscaping shall consist
of, but not be limited to, grass, ground
covers, shrubs, vines, hedges, t.rees, berms,
and complementary structural landscape
architectural features, such as rock, foun-
tains, sculpture, decorative walls and tree
wells.
(11) Landscaped dividing strips: Landscaped
areas containing ground cover, shrubs,
and trees, or other landscaping used to
partition parking areas into individual
parking bays.
(12) Parh trees: Trees, shrubs, bushes and all
other woody vegetation in public parks
and all open areas owned by the city or to
which the public has free access,
(13) Parhing areas: Any area, excluding public
right-of-way, used for the purpose of driv-
ing, maneuvering, parking, storing, or dis-
play of motor vehicles, boats, t.railers,
mobile homes, and recreational vehicles
including new and used automobile lots,
other parking lot uses, and paved outdoor
sales areas. '
(14) Parhing spaces: A parking area lIsed for
the temporary storage of a single vehicle
to serve a primary use; groups of spaces
and the abutt.ing accessway are called
parking lot.s.
(15) Shl'/lbs: A self-supporting woody species
of plan t.s characterized by persistcn t. stcrns
and branches springing from the base,
:3 I I
S 5-l
\VINTI~R SPIUNGS CODE
(16) Single-family lot: An area of land devel-
oped for and restricted to a single-family
residence,
(17) Specimen trees: Trees of significant size,
type, age or historical value, (to be deter-
mined by the city forester).
(18) Street trees: Trees, shrubs, bushes, and all
other woody vegetation on land lying be-
tween property lines on either side of all
streets, avenues, or ways within the city.
(19) Tree: Any living, self-supporting peren-
nial plant which has a trunk diameter of
at least four (4) inches measured at cali-
per and normally grows to a minimum
overall crown height of fifteen (15) feet.
(20) Trees planted for harvest: All trees which
have been planted, or shall be planted,
with the bona fide intention at the time of
such planting to be commercially har-
vested in the future. Said trees shall in-
clude, by way of illustration, but are not
limited to Christmas trees, slash pines,
and pulpwood.
(Ord. No. 711, I, 3-22-99; Ord. No. 726, ~ 6-28-99)
Sec. 5-2, City forestry office,
(a) Establishment of office. There is hereby
created within the department of community de-
velopment, the office of city forestry. The commu-
nity development director shall head this office
and shall appoint one (1) or more employees of the
department to act in the capacity of forester for
Winter Springs.
(b) Scope of authority. The city forester shall
be charged with the responsibility and authority
to review ancl oversee aU activities within the city
limits which cause removal of or create danger to
any trees,
(c) Responsibilities, The roll~ of the ci ty for-
ester shall be dual:
(1) '1'0 preclud() rClllov;d of trees on priv;\tf~
property prior to review ;llld ;lflprov;d of
dev(~I(lpl1lcllt proposals,
(2) To augrnent the city forest by the planting
or approval of planting of additional trees
on pu blie property.
(Ord. No, 7lJ., ~ r, 3-22-99)
Sec. 5-:). Regulations applicable to privately
held property.
(a) Per/nit to alter natural landscape. Applica-
tion for a permit to disturb natural vegetation or
alter existing topography shall be submitted prior
to the following activities:
(1) Cutting down, removing, or damaging trees
before, during or after construction,
(2) Land-clearing, land-removing, or land-
filling operations, including propulsion of
a bulldozer, payloader, front-end loader,
backhoe, dragline, power shovel, road
grader, dump truck, dredge, fill spreader,
or other heavy duty equipment, None of
the preceding activities shall proceed un-
til the city forester has reviewed the pro-
posal and issued a permit prescribing the
extent of operations being approved and
the replacement trees specified.
(
(b) Scope of review. The permit application
shall be supported by drawings, plans or photo-
graphs as necessary to depict the present nature
of the land, the proposed alteration, and the
objectives that may justify the removal of trees,
alteration of the existing topography, and/or the
disruption of the natural vegetation. These sub.
mittals shall include all the following information
pertinent to the stage of development under re-
view.
(1) Proposed location of streets, parking ar-
eas, utility or drainage structures, build-
ings, and any other physical improve-
ments anticipated:
(2) Specific location of all specimen trees within
these areas to be removed along with
their botanic81 names and current sizes;
(:1) Proposed grade changes of more than one
(I) foot depth;
('I) Proposed [lrl)(:(~ctive h:trri(~rs to preclude
c1;IIII;I!_~C to llllillVO!vcd t.n~I~S,
; ~ I :!
(5) A tree survey of all trees four (4) inches or
more in caliper,
'j
./
(c) Permit to be specific as to stage of develop-
ment. The city forester shall review the above-
. prescribed submittals and act up'on the request
either independently or as and agent of a staff.
wide review, depending on the development stage
of a project:
(1) Predevelopment stage. The city forester
may review and issue permits for land
alteration incident to surveying, soils in-
vestigations, and preparation of initial
development plans.
(2) Preliminary plan / preliminary' engineer.
ing. The forester shall act as an advisor to
the city staff in reviewing preliminary
development/engineering plans and rec-
ommending the extent of land clearing to
be authorized. The city forester shall sub-
sequently issue a permit prescribing the
alteration of preliminary developmentJ
engineering plans.
(3) Final engineering stage. The city forester
shall consider requests for additional tree
removal coincident with final engineering
plan review only when a developer shall
show that unexpected or unanticipated
factors preclude any reasonable alterna-
tive solution than destruction of addi-
tional trees. The city commission must
sanction these requests along with final
engineering approval before the city for-
ester may issue an additional permit for
additional tree removaL
(4) Site plan. The city forester shall act as a
advisor to the site plan review board d Uf-
ing its review of plans of commercial or
multi-family site development proposals,
A permit which specifies exactly which
specimens or stands of trees may be re-
moved to develop a site must be acquired
before any modification of a site may take
place,
(d) General criteria for issuance of permits to
remove trees. Trees may be authorized for removal
only if they fit into one of the following c:\tegories;
the validity of the status of:\ tree as eligible for
i\IWOI\
~ :;-:;
removal shall be verified on site by the city
forester prior to issuance of a permit for removal:
(1) Trees loca ted on bu ild i ng and construc-
tion sites as shown on approved plans
may be replaced elsewhere on the prop-
erty or mitigated by a monetary replace-
ment to be determined by the city forester
of the current wholesale cost of the tree
being removed which shall be used for
enhancement and maintenance of trees
located on public lands.
(2) Trees within ten (10) feet of a proposed or
an existing structure or other improve-
ment that restrict construction may be
replaced elsewhere on the property or
mitigated by a monetary replacement to
be determined by the city forester of the
current wholesale cost of the tree being
removed which shall be used for enhance-
ment and maintenance of trees located on
public lands.
(3) Trees severely diseased, injured or dead;
(4) Trees that interfere with provision of above
ground utility installations and which will
be replaced elsewhere on the property;
(5) Trees that have been approved by the city
forester to be replaced elsewhere on the
property.
(6) Trees that appear on the Florida Exotic
Pest Plant Council's List of Invasive Plants,
Class 1.
(e) Public removal of trees on private property.
Only under the following circumstances may city
employees prune or remove trees growing on
private property:
(1) Any dead or damaged or diseased tree
which constitutes a hazard to life and
property shall be removed by the property
owner upon justification and notification
by the city forester, The property owner
must have the tree removed within fifteen
(15) days or show jLlst cause why it has
not been removed. If no action is taken
within fifteen (15) days of notice, city
employees may remove slIch trees ;:lIld bill
the property owner. Unpaid bills shrIll
become a lien upon the property,
:3] :3
~ :)-:3
WIN'n:ll SPHINGS CODI':
(2) Tree limbs and shrubs overhanging public
rights-of-way if such branches obstruct
the light fi'om any streetlight or- obstruct
the view of any street intersection creat-
ing a hazard to vehicular or pedestrian
traffic. (All limbs will be removed follow-
ing standard arboricultural standards.)
(Ord. No. 711, S I, 3-22-99; Ord. No. 711, ** 2, 3,
6-28-99; Ord. No. 734, S 1,9-27-99)
Sec. 5-4, Official green plan for public prop-
erty.
(a) Initial plan. The city forester under the
guidance of the director of community develop-
ment, shall develop an official Winter Springs
Green Plan which provides to the city commission
the following information:
(1) Documentation on the current nature of
the city forester consisting of parks, rights-
of-way, easements and public facilities;
(2) Proposals for the care, preservation, re-
placement, and planting of new trees and
plants on city land;
(3) Projected budgetary data for at least the
subsequent five (5) years.
(b) Annual report. Each year the city forester
shall submit to the city manager through the
community development director a written report
on the progr~ss toward implementation of the
green plan, including suggestions for additions
and revisions to' the plan. When ratified by the
city commission, these modifications shall become
incorporated into the official plan.
(c) Interim reports. Whenever requested by the
city manager, the city forester shall investigate or
analyze a site or concern and file a report of
findings on the matter.
(d) Implementation of' city green plan. The city
forester shall cause the official green plan to be
implemented to adhere to the following guide-
lines:
(1) Streel tree species to be planted. No street
trees shall be plcll1ted without written
permission or the city forester.
(2) Spacing. Trees shall be spaced the opti-
rn um cI istance for each species.
(3) Distan.ce from. curb an.d sidewall,. Trees
and shrubs shall be planted so as to allow
proper visibility and to avoid root damage
to curbs and sidewalks.
(4) Distance {rom street comers and fireplugs.
No street tree shall be planted closer than
twenty (20) feet to any street corner, mea.
sured from the point of the nearest inter-
secting curb or curbline. No street tree
shall be planted within ten (10) feet of any
fireplug.
(5) Proximity o{ street trees to utilities. No
street trees shall be planted under or
within ten (10) linear feet of any overhead
utility wire, or within five (51 linear feet of
any underground water line, sewer line,
transmission line or other utility installa-
tion. No trees shall be planted in the city
rights-of-way without the written ap-
proval of the city forester.
(e) Maintenance of city trees;.
(1) Tree topping. It shall be unlawful for any
person, to top any street tree, park tree or
other tree on public or private property
without a permit from the city forester.
Topping is defined as the severe cutting
back of limbs within the tree's crown to
prevent normal growth to such a degree
so as to remove the normal canopy and
disfigure the tree.
(2) Damaged trees. Trees damaged by natural
causes and trees under utility wires or
other obstructions where other pruning
practices are impractical may be topped
with approval of the city forester.
(3) Tree sClllpturing. Trees in commercial ar-
eas may be topped only when topping is
part of a landscaping plan, design or pro-
gram to sculpt trees to accommodate a
desi red design or design theme.
(f) interference with city {oreslCl: It shall be
unlawful for any person to prevent, delay, or
interfere with the city forester or any designated
agents while engaging in and about the planting,
cultivating, mulching, pruning, spraying, or re-
moving of any street tree or park tree.
(Ord. No 711, ~ L 3-22-99; Ord. No. 72G, ~ 4,
()-28-99)
./
:314
Sec. 5-5. Enforcement.
(a) Assessment Failure to comply with the
reforestations standards may result in charges
being brought against the individual or company
violating the arboreal provisions and requiring a
hearing before the code enforcement board which
has the power to levy fines up to two hundred fifty
dollars ($250.00) a clay per violation, as set forth
in section 2-60 of the Winter Springs City Code of
Ordinances. The City of Winter Springs may seek
injunctive or other legal relief as offered by law.
(b) Reforestation. Any person violating any of
the arboreal provision set forth herein shall be
required to appear before the city forester which
shall be empowered to specify the number and
types and sizes of trees to be planted by the
individual to compensate the public for the loss of
existing trees. The guidelines in subsection (c)
below shall apply to the reforestation of land
illegally cleared:
(c) Reforestation point standards:
)
(1)
Minimum points required per acre. The
minimum number of tree points required
in each zoning category per acre of land
(excluding areas dedicated for rights-of-
way for streets) are as follows:
a. Residential (including residential
PUDl-1\venty-five (25) points per
acre.
b.' Neighborhood commercial distr-icts
(including commercial PUD)-Twenty
(20) points per acre.
c. General commercial and industrial
districts (including industrial PUD)-
Fifteen (15) points per acre.
(2)
Tree point standards:
a.
Number of Points
Specimen tree (as des-
igna ted by ci ty forester)
5
b.
Large tree (40 feet high
or :.l5-foot crown). . . . . .
5
)
c.
Mediulll tree (18 feet
high or 12-foot crown) .
'I'"~
:315
AIW0H
~ .')-:)
d.
Small/nonjuvenile tree
(8 feet. high and 2-inch
cali perl. . . . . . . . . . . , . . . I
Small/juvenile (8 feet
high and I-inch cali-
per) . . . . . . . . . . . . . . . . . . 0.75
e
f.
Nat.ive shrubs material 0.1
*Plus five tenths (0.5) point for each
five (5) feet of additional height after
twenty (20) feet.
(3) Bonus points. Bonuses may be awarded
for native species in addition to the tree
points listed above:
a. Specimen tree ....... . NA
b. Large tree. . . . . . . . . . . . 1.0
c. Medium tree. . . . . . . . . . 0.5
d. Small/nonjuvenile tree 0.25
e. Small/juvenile tree. . . . 0.1
(4)
Minimum number of small, medium, and
large trees. A minimum of fifteen (15)
percent of the number of trees counted
toward these tree point standards must
come from each of the three (3) size cate-
gories of small, medium, and large. To
determine the number of trees which will
be needed to meet this fifteen (15) percent
requirement, the following rules ofthumb
may be used:
a. Determine the total points on the
si te 8S follows:
T = NUllIbcr of acres x Points required per acrc
b. Determine the minimum number of
medium or large trees needed for
fifteen (5) percent requirement as
follows:
[vli,I;IIIUIII !\ulllber = T x 9 percent
C. To minimize the number of new small
t.rees t.o be planted retain the follow-
ing number of medium plus large
trees:
,\I,'c1illlll -I- 1.:11'1:<" "llItcl".'r 'Ih!.:.! = T x :30 pcrcclIt
~ 5-5
WINTER SPRINGS CODE
(5) All plant material must be properly planted
and protected from construction damage
to be eligible for tree points.
(Ord. No. 711, * I, 3-22-99)
!Tlll' IH'xt jI;1;~1' is :~f;:d
: ~ I r j
'.
(
(
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APPENDIXES PENDING FROM
ATTORNEY'S OFFICE