HomeMy WebLinkAbout2003 10 13 Public Hearings 400 Second Reading - Ordinance 2003-22 Tree Protection and Preservation
COMMISSION AGENDA
Consent
ITEM 400
Informational
Public Hearing X
Regular
October 13. 2003
Meeting
(iJ '}
Dept.
REQUEST: The City Attorney requests that the City Commission adopt on Second and Final
Reading Ordinance No. 2003-22 which will amend the City Code Chapter 5, Tree Protection and
Preservation.
PURPOSE:
The purpose of this Ordinance is to adopt a substantial number of amendments to the City's Tree
Protection and Preservation Code, as recommended by the City Commission, Tree Committee, and
City Attorney.
APPLICABLE LAW AND PUBLIC POLICY:
1. Florida Municipal Home Rule Powers Act.
2. City of Winter Springs Comprehensive Plan.
3. Article II, Section 7, Florida Constitution making it the policy of the State of Florida to
conserve and protect its natural resources and scenic beauty.
CONSIDERATIONS:
1. The City Commission previously appointed an advisory Tree Committee to review Chapter
5 and to make recommendations to the City Commission on ways to improve and
supplement the City's Tree Ordinance. The Tree Committee was assisted by a technical
Page 1 of 2
advisory staff including the City Arborist, City Attorney, and Yvonne Froscher,
environmental consultant.
2. After numerous public meetings, and public input and comment, the Tree Committee and
the technical advisory staff made over 50 recommended changes to the Tree Ordinance.
3. The City Commission previously considered the recommendations at a workshop and
directed that an Ordinance be prepared so the City Commission can consider adopting almost
all of the proposed recommendations.
4. The proposed changes are too numerous to summarize. However, the existing Chapter 5 is
set out in its entirety in Ordinance No. 2003-22 so that the City Commission can review and
understand the full context of the proposed amendments.
5. The Ci ty Attorney has also modified the Tree Ordinance to clarify several provi sions and to
address several issues which have been raised since the new tree ordinance (2002-08) went
into effect on April 8, 2002. In addition, modifications to the penalty provisions are being
recommended. The modifications should make it easier for Code Enforcement to determine
the amount of fines for the removal or destruction of a tree without a permit (per caliper inch)
and will address potential violations which could result from new requirements being
imposed pursuant to the modifications (e.g. contractor's license).
STAFF RECOMMENDATION:
Staff and the Tree Committee and environmental consultant (through the Committee Report) are
recommending adoption of Ordinance No. 2003-22 on Second and Final Reading by the City
Commission.
ATTACHMENT:
Ordinance 2003-22
COMMISSION ACTION:
The Commission previously directed that Ordinance 2003-22 be prepared by the City Attorney
consistent with the direction given at the previously held Commission workshop at which the Tree
Committee's Final Report was considered.
The Commission approved Ordinance 2003-22 on first reading on September 22, 2003, including
recommended additional modi,fications by the City's consultant and staff. In addition, the ordinance
was modified to require contractors to obtain permits for tree removal and land clearing.
Page 2 of 2
REVISED 10-6-03
ORDINANCE NO. 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 Vill, 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 April 8, 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 ofthe public health, safety, and welfare ofthe 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 ofthe City of Winter Springs Code is hereby
amended to read as follows: (Underlined type indicates additions and stIikcout type indicates
deletions from Chapter 5.)
CHAPTER 5 - TREE PROTECTION AND PRESERVATION
Sec. 5-1.
Applicability .
This oIdina11CC 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 ofthis 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 maimer destroy
or cause to be destroyed any Tree or other vegetation as covered by the provisions of this
City of Winter Springs
Ordinance No. 2003-22
Page 2 of 24
ordinance Chapter 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 .chapter may
be temporarily waived by the City Commission by resolution.
Sec. 5-3.
Definitions.
As used in this Chapter, the following terms shall have the meanings indicated unless the
context clearly indicates otherwise:
(a) Caliper. Measurement of Tree eight (8) twelve (12) inches from soil level.
(b) City. The City of Winter Springs, Florida.
(c) City F ores!. 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 particular reference
to its shape.
(e) DBH. Diameter oftrunk at breast height, (approximately four and one-half(4 Y2) 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 City
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 oftrus ordinancc 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.
City of Winter Springs
Ordinance No. 2003-22
Page 3 of 24
(k) Land Clearing (grubbing). The disturbance or removal of vegetation using backhoes.
bulldozers. root rakes. or similar mechanical means which may kill trees or damage their
roots. branches. or trunks. Routine lawn mowing. sod replacement. planting of landscape
materiaL shrub pruning. and shrub removal shall not be considered land clearing and
grubbing provided no grade change occurs. The. 1 (,1110 v al 01 g,r tlbbing, by any nlcans, of altY
type of ve.ge.tation from land, not including" howcve.l, (1(,ti vitics go ve.me.d by a TICe. Re.InO val
pe.unit.
(1) Person. Any individual, firm, corporation, partnership, joint venture association, principal,
trustee, municipal corporation, political subdivision, or special district, or any agent or
representative thereof.
(m) Preferred Plant/Tree hist: Preferred Plant~ shall mean the plant materials listed in appendix
B: Desirable Trees and shall be of the size specified in the column labeled "Preferred Plant
SizelMinimum Height." List shall mean the. list ofpla:nt Itiatcrials and corrcsponding, TIGe
Replaccnlwt Crcdit shown in Appendix "C", which may be 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 ofthe City as the same may, from
time to time, be amended.
(0) 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 of2" X 4" wide stakes circle of one-inch to two-ine.h
w ide. stakes spaced a maximum of eight (8) feet from each other at the perimeter of the Tree
Protection Zone and which extend out ofthe ground at least eiglttccn (18) to twenty-four (24)
thirtv-six (36) inches, with the top two (2) 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.
(I') 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.
(s) Specimen Tree. A Tree, other than an undesirable tree, structurally unsound tree that cannot
be recovered by pruning. dead tree, or diseased tree, that is has a caliper of twenty- four (W
City of Winter Springs
Ordinance No. 2003-22
Page 4 of 24
24) inches or more in diameter. Specimen trees shall not include laurel oak (Quercus
laurifolia), sand pine (Pinus clausa), or cherry laurel (Prunus caroliniana ).
(t) Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of
roots.
(u) Toyp;"g. The- severe cutting back oflimbs ~ithin the Tree's eIo~n to pIe-vent normal gro~tl.
to such a degree 50 as to lemo~e the normal canopy and disfigmc the Tree.
(V!!) Transplant. The act of relocating an existing Tree upon the same lot.
(wy) 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. Cabbage palm greater than fifteen (15) feet tall.
(xw) Tree Protection Zone. Shall mean that area located around the perimeter of the Tree in
which no activity such as clearing, filling, excavating, storage of materials, parking 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 01dinaltee Chapter.
(YK) 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.
(zy) Tree Replacement Assessment. Tree Replacement Assessment shall mean the total amount
of monetary compensation owed to the City of Winter Springs may be required by as
prOvided in this Chapter for the replacement of trees cut, destroyed, or removed as a result
of development or redevelopment.
(~) Tree Replacement Credit. The Tree Replacement Credit shall be established bv the Citv
Commission and set forth in Appendix B: Desirable Trees equal to onc-hundIGd ($100.00)
dollars and no cents in TIee replacement value.
(bbaa) Tree Trunk. The main Stem of a Tree apart from limbs and roots.
(eebb) Undesirable Trees. All types of Trees identified as "undesirable trees" in Appendix A ofthis
Chapter as amended from time to time by the City Manager in writing.
Sec. 5-4.
Permit Required for Tree Removal and Land Clearing; Separate Violations;
Criteria: Contractor Permit Required.
City of Winter Springs
Ordinance No. 2003-22
Page 5 of 24
(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 a
property 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 anyone 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 95-9
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 95-9 ofthis Chapter.
(3) Trees severely diseased, severely injured or dead.
(4) Trees that interfere with the construction or repair of public utilitics 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
application under this Chapter, the City fOlcstcr shall apply one (1) or more of the following
standards of review deemed relevant:
City of Winter Springs
Ordinance No. 2003-22
Page 6 of 24
(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 and or a
significant obstacle to accessing and utilizing public easements and rights-of-wav.
tluough Encloachment
(2) Necessity to remove Trees which pose a clear and obvious safety hazard to buildings
and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts
in pavement. sidewalks, and 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 clear 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 ofthe 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 around 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 or road rights-of-way, utilities, drainage ways, as well
as the need to provide reasonable use and property access.
(9) The extent of any damage or demonstrated hardship which would result to the
applicant from a denial of the requested permit.
City of Winter Springs
Ordinance No. 2003-22
Page 7 of 24
(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 planted specifically for silvicuItural purposes shall be
exempt from the provisions of this Chapter provided the property owner can provide
documentation to the City evidencing that:
ill The property is registered as a silvicultural site with the Division of Forestry: and
ill Trees oftvpical harvestable size and type exist on the property which are capable of
being harvested for income and that the property owner has. or intends to, generate
income from the harvested trees.
ill Contractor License Required: Contractor Obtaining Permits. Any person or entity engaged
in the business of Tree removal or pruning shall be licensed by the City on an annual basis.
Licenses may be obtained from the City by completing an application prepared by the City
and paying 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 anv 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 property owner
pursuant to Section 5-4(a) of this Chapter.
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
absolutely no authority to vary any plans, permits, or agreements approved by the City
Commission.
City of Winter Springs
Ordinance No. 2003-22
Page 8 of 24
(c) Responsibilities. The role ofthe 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 ofthis Chapter for
a maximum of two working days. Upon review ofthe violation by the City Manager,
the City Manager 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 paid.
(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.
Ql) To serve as a member of the staff Development Review Committee.
Q..l) To educate City personnel responsible for tree removaL planting, pruning and
landscape maintenance.
Q.i} To assist in implementing, and issue pennits in furtherance of, any development
a~eement. plan, or pem1it approved by the City Commission relating to landscaping
and Trees.
City of Winter Springs
Ordinance No. 2003-22
Page 9 of 24
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 may
be required to pay a fee as may be established by resolution ofthe City Commission, except
that no fee shall be required for the removal of Trees that are dead, diseased, suffer from
severe structural defects, pose a clear and obvious safety hazard to structures and people or
removed for a public proiect sponsored and paid for bv the City. If the applicant is not the
property owner, then the applicant shall attach the written permission ofthe property owner
to the application. All €fompleted applications shall be returned to the Forester, along with
the following:
(I) A Tree inventory, for the portion of the site to be developed, consisting of a scaled
aerial photograph or drawing of a scale of one (1) inch equals tmee hundred (JOO)
fifty (50) feet or greatel less for undeveloped land or for developed single family
residential land, a sketch approximately one (1) inch equals fifty (50) feet or less
indicating:
(A) Property boundaries.
(B) The location of all individual Trees including the Tree's common orbotallieal
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
stI uctw es, pa v ihg a11d utility easements proposed additions to existing
buildings, existing and proposed buildings, structures, impervious surfaces
(e.g. pool decks, drives, parking areas), stormwater retention areas, utilities,
and other such improvements.
(Q) A replacement plan indicating the means of compensating for the Tree( s) to
be removed including the species and size of any replacement Tree(s).
City of Winter Springs
Ordinance No. 2003-22
Page 10 of 24
an Location of Trees preserved for replacement credit.
ill If grade changes are proposed on the site. a grading plan drawn to scale shall
be provided. In addition. a written statement shall be provided by a landscape
architect or other competent professional indicating the probability of
whether the grade change 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.
ill A protection plan describing how preserved Tree( s) shall be preserved on the
site and adiacent properties during construction. Tree removal. and grading.
(K) An aerial photograph showing the boundaries of the subiect property and
adiacent properties.
(2) Valid R::reasons 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
subiect 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 may be given to the protection of Trees during the
site plan design process. Each application for a Tree Removal permit shall be subiect
to review under the Staff Development Review Committee process.
(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
for a building permit; the Tree inventory may be shown on the building permit plot
plan.
City of Winter Springs
Ordinance No. 2003-22
Page 11 of 24
(c) Exempting Portion of the Tree Survey. Upon request, the City 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.
(d) Permit Fee. A nonreturnable permit fee to be establish~ 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.
ill Citv Commission Approved Plans. Permits. and Agreements. All permits issued by the City
Forester under this Chapter shall be required to be consistent. and not in conflict. with any
plans. permits. 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 ofthe City Commission shall
remain in full force and effect.
Sec. 5-7
RESER'/ED. Tree Pruning Standards.
Uti 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 according to a specific pruning plan to accomplish the obiective
including the minimum and/or maximum branch size to be removed.
{Q} Unlawful Pruning. The pruning techniques described in Section 5-1 om 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, are of
especially great concern to the public because of ecological value, of indigenous character,
size, age or historic association. Detemlination 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 are have a caliper of
twenty-four (2&24) inches or more in diameter. Designation as an Historic Tree may occur
in anyone of the following ways:
City of Winter Springs
Ordinance No. 2003-22
Page 12 of 24
(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 ofthe 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, city
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 ofthis 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
AppGlldix C, rldGlIed rlant List 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
pending) or RGplacGlllent shall OCCtll within ninGty (90) thirty (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.
(2) Size of Replacement Trees. Replacement Tree(s) are to be made according to the
Tree Replacement Standards set forth in Table 1 a standard of one (1 ") inch DDll
totallcplaccment for eaeh one (1 ") inGh DUll remOved, tllllc.SS (1) the TICGS Me
replaced with TICCS flom the rldclled rlallt List; or (2) otherwise agreed upon by
City of Winter Springs
Ordinance No. 2003-22
Page 13 of 24
the City Commission and applicant. Aeee.ptabk. spac.ing and de.sign standal ds .11 e. the
OIrI} e.lite.Iia that shall limit the. ntlmbe.1 of Tlce.s tlse.d to Ihect the. ine.h fOJ ine.h
I equil e.ment.
(3) Tree Species. Relocated or Replacement Trees shall include only species and sizes
defined as Desirable Trees (Appendix B) under this Chapter oIdinane.e.
(4) Transplanting and Maintenance Requirements. All Trees transplanted pursuant to
this OJdinance 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 pelpetnal jurisdiction for one (1) year to ensure compliance with this
Chapter.
(5) 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. Monies collected in the Tree Bank shall be used for
enhancement and maintenance oftrees on public lands. The contribution to the Tree
Bank may be waived bv the City Commission for individual homeowners, on a case-
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
vahte amount to be paid into the tree bank shall be set forth in Table I 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 AItel nati ve. As an altcmati v e. to the. one [OJ one. TI ee
Icplae.cmcnt lcquile.mcnt set forth in this Sce.tion, all applicant may dcct to e.onlply
with Ithe following Tree replacement guidelines shall apply:
(A) All Plant material specified shall be Florida Grades and Standard One (1) or
better. AppliGant may de.duct flom the nnnlbeI O[TIGGS to be. I,.placed, Tlee
Rcplae.e.l11cnt CI edits based on the. numbcr of I cplace.ll1e.nt e.1 e.dits as pi 0 v idcd
in thc Plcfclled Plant Mate.rial List plovided that:
0) All plant mate.lials ate PIOJida Gladcs and StandMd One (1) 01 be.ttel,
and
(ii) All plant matClials an pIOpe.lly installcd, MId
City of Winter Springs
Ordinance No. 2003-22
Page 14 of 24
(iii) The landscape plan fOl the ploposed development or redevelopment
to wllich the credits ale to be applied is prepMed by a lahdscape
Me..hitcct licchscd by the.. State.. o[Plorida, and
(i~) The Devdopcl shall guaranteC'- smvival o[letained and replacement
hees fOI a peliod o[ one (1) yeM from tile cOlllpletion o[ COhstr uetion,
unless a gleatcr time period is lequiled by de..veloplflent agreeme..nt.
If retained 01 replacement Trees die dming that tilne period, the
DCvdoper shall replace the bee in accordance wid.! a remedial aetion
und"l Se..ctioh 5-17 o[this Chapter.
(B) For each tree located within a public conservation area (excluding
iurisdictional wetlands determined by the S1. John's River Water
Management District or the U.S. Army Corp of Engineers. or as depicted on
Map V-3:Existing Wetlands in the City 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 oftrees 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 (l) acre with widths not less than 125 feet, unless othelWise
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) Ifthe 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.
ill} 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:
DBH of Preserved Tree
Reduction in
Replacement Trees
4" up to but not including 9"
1 credit
9" up to but not including 12"
2 credits
City of Winter Springs
Ordinance No. 2003-22
Page 15 of 24
12" up to but not including 16"
16" up to but not including 24"
3 credi ts
4 credi ts
Specimen and Historic Trees 0 credits
iID Trees planted under a powerline shall not exceed a mature height of twenty-
five (25) feet.
(E) 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
specIes.
{ill All landscape plans shall be prepared by a landscape architect licensed bv the
State of Florida, unless the City determines the proposed landscaping or Tree
Removal has a deminimus impact on the property.
(e~) Replacement Cost. The property owner shall be responsible for rlhe cost of replacing the
Trees removed from their property shall be. iUGtlllCd by the party that Ie.nlovcd the Trees or
ploperty owncl.
@ Elimination of Undesirable Trees and Shrubs. The natural vegetative communities existing
within the City shall be protected by the control and elimination of invasive, nonnative
species. To that end, the following guidelines shall apply:
ill Planting of Trees and shrubs listed in Appendix A, Undesirable Trees, is prohibited.
ill Removal of Trees and Shrubs listed on Appendix A, Undesirable Trees, from
commercial, office, industrial, or multifamily sites (excluding i urisdictional
wetlands) shall be completed, whenever practicable, as a requirement for approval
of any development permit issued bv the City or the issuance of a certificate of
occupancy if applicable.
ill Control and elimination procedures shall in no way promote the proliferation of the
species through the dispersal of seed or other vegetatively reproducing parts.
ill Control and elimination procedures shall in no way harm or cause the decline of
preserved or planted Trees and landscaping.
(ill Limited Exception for Existing Single Familv 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:
City of Winter Springs
Ordinance No. 2003-22
Page 16 of 24
ill
The Tree is not a Specimen or Historic Tree:
ill
The Tree canopy covering the pervious portion of the lot after removal of the Tree
will be greater than fifty percent: and
ill
A permit under this subsection (e) had not been granted during the preceding ten (10)
year period.
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, as
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, orremove 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,
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
City of Winter Springs
Ordinance No. 2003-22
Page 17 of 24
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 oj Trees (L o!lio 00) , 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 pruning techniques 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:
ill Lions tailing: the improper practice of removing most secondary and tertiary
branches from the interior portion of the canopy leaving most live fo liage at the edge
of the canopy.
ill Tooping. hatracking. stag heading. de-horning. loooing. and rounding over: the
improper practice of reducing tree size by making heading cuts through a stem more
than two years old: a pruning practice that destroys tree architecture and serves to
initiate discoloration and perhaps decay in the cut stem.
ill Pollarding: the pruning technique that removes sprouts back to the same location
annually or biannually maintaining a tree to a specific height.
ill Shearing: a pruning technique 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.
ill Poodle trimming: combines shearing and removing lower limbs to create tree forms
that look like a "lollipop."
ill Construction near Ad;acent Prooertv. Walls. structures. and pavement shall not be
constructed in anyway which will result in damage to roots within the Tree Protection Zones
of Trees located on adiacent properties.
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 remoyal 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.
City of Winter Springs
Ordinance No. 2003-22
Page 18 of 24
(b) Permit Expiration. Any permit issued under this C~apter 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 Afier 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 a.1I time until
final inspection or until issuance of a certificate of occupancy if applicable. 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 ofle55 than
bct~e.(,11 G,OO} Mid} 0,000 squMe feet: not fewer than two (2) truce (3) Trees plus one (1)
additional Tree for each 4,000 square feet over 6.000 square feet.
(c) Any single commercial, industrial, multi-family or other structure requiring site plan
approval under the City land development regulations: no fewer than six (6) fi ~e (5) Trees
or apPloximatdy tIuee (3) four (4) Trees per acre, whichever is greater.
Sec. 5-14.
Tree Protection During Development and Construction; Periodic Inspection.
(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.
City of Winter Springs
Ordinance No. 2003-22
Page 19 of 24
(b) Burden of Tree Protection on Property Owner. It shall be the responsibility ofa devdopcl
01 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
95-17 of this Chapter.
(c) Protective Barriers and Sign age Required. Posts shall be used as PI otecti v e Dan iCl s to the
~~~ artd :1t11rk. of evelY Tree on the palcd being dc v doped. The posts shall be placed at
points not dosel than one-half radms of the Duplme of the protected tlee, unless the
stltlcttlle has been pelmitted by the City to be erected within the Dripline ofa TIee ~ith a
~~ call~~~. ~aeh section of the ball iel shall be deady v isib1c (flagged \l~ ith blightly
COl01CCl plashc tape or othe1 11lalkels). No attachments 01 wues othel than those wIth a
pI oteeti v e 01 non-dalllaging natm e shall be attached to any TI ee. Protective Barriers shall
be installed prior to construction (as determined using Appendix C: Calculating Tree
Protection Zone) around every Tree or grouo 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') by 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 applicaht to ensure that all provisions
of this Chapter are met.
ill Adjacent Properties. The oroperty owner and their agents shall ensure that the Tree
Protection Zones of Trees located on adiacent properties are protected as required by this
Chapter for Trees located on the site being developed.
Sec. 5-15.
V oluntary Tree Planting.
Sec. 5-16.
Waivers: Incentive Proeram: and Appeals.
(a) Waivers. The City Commission may grant a waiver to provisions ofthis Chapter where the
applicant demonstrates that the literal interpretation ofthe ordinance Chapter will deny the
applicant reasonable use of the property or where such waiver can be demonstrated to be
City of Winter Springs
Ordinance No. 2003-22
Page 20 of 24
consistent with the purpose and intent of the oldinanee Chapter. 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
by the City Forester may first appeal that interpretation to the City Manager by filing a
written notice of appeal of said interpretation within ten (10) calendar days of said
interpretation. The City Manager shaIl 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 period~ required by 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 appeIlate 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 may be extended
by mutual agreement between the City and the Person filing the notice of appeal.
~ Incentive Program. The City Commission reserves the right to offer and approve incentives
for purposes of protecting and preserving mature Trees and planting enhanced landscaping.
Such incentives shaIl have a public benefit and may include. but are not limited to. varying
provisions of the City's land development regulations (e.g. reduced parking: modified
setbacks) and providing credits to City development fees. Any 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
approved by the City Forester or the City Commission if the violation is inconsistent with
plans. permits. or agreements approved by the City Commission. The restoration plan may
require TICC lcplaeenlcnt at not mOle than a latio offollI to Oll" (4.1) and lequil.e mitigation
of any other damage to the property, as well as Tree replacements.
(b) Repfact;;ffle,d FOI fflula Tree Renlacement Remediation Requirements. Each Tree destroyed
or receiving major damage during construction must be replaced by either a comparable size
and desirable type of Tree as listed within Appendix B or providing a contribution to the
Tree Bank equal to four times the contribution listed on Table I: Tree Replacement
City of Winter Springs
Ordinance No. 2003-22
Page 21 of 24
Standards or planting four (4) Preferred Plants listed within Appendix B fOUl (4)
Re.plac.eme.lft Tt e.e.s before issuance of a certificate of occupancy or certificate ofcompletion.
Undesitablc Trees must be. ie.placc.d ~ith a dc.siiablc spec.ies.
(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(a): 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.
ill 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.
ill Failure to abide bv a cease and desist order issued under this Chapter: Fine of
$500.00 per day.
ill Failure to obtain a contractor's license under Section 5-4(e): Fine of $250.00 (1S!
offense); $500.00 (2rd and each subsequent offense).
@ Failure to abide by the requirements of Section 5-10 ofthis Chapter: Fine of$250.00
per occurrence.
(3-1) 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 (6)
above, the following factors shall be considered:
City of Winter Springs
Ordinance No. 2003-22
Page 22 of 24
(4)
(5)
(6)
(7)
Sec. 5-19.
(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.
The number and size of the Trees removed, if any.
The historical significance of the any Tree removed if the Tree was deemed Historic.
Whether the violation is irreparable or irreversible in nature.
The remedial actions offered by the violator to restore the property consistent with
this Chapter.
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 reso lutions 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 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
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.
[Signature Page to Follow]
City of Winter Springs
Ordinance No. 2003-22
Page 23 of 24
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2003.
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 and Adoption:
JOHN F. BUSH
Mayor
Effective Date:
City of Winter Springs
Ordinance No. 2003-22
Page 24 of 24
City of Winter Springs
Ordinance No. 2002-08
TABLE 1: TREE REPLACEMENT STANDARDS
DBH of Protected Tree Number of Replacement Number of Replacement Preferred Plant Contribution to Tree Bank*
Canopy Trees Required for Small Trees or Palms
Each Tree Removed Required for Each Tree
Removed - ---.,...
I Preferred Plant(s)
4' up to but not including 8" I or 1 or w/Credits or $250
Preferred Plant(s)
8" up to but not including 12" 2 or 2 w/Credits $500
I Preferred Plant(s)
12"up to but not including 16" I 3 Not allowed w/Credits $750
-.--
Preferred Plant(s)
16" up to but not including 24" 4 Not allowed w/Credits $1,000
> 24" To Be Preserved To Be Preserved To Be Preserved To Be Preserved
*These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and establishment.
030921 treeord. xis Table 1
1
City of Winter Springs
Ordinance No. 2002-08
APPENDIX A: UNDESIRABLE TREES
Common Name Botanical Name
Mimosa, silk tree Albizia julibrissin
Woman's tongue Albizia lebbeck
Orchid tree Bauhinia variegata
Bischofia Bischofia javanica
Carrotwood Cupaniopsis anacardioides
Australian pine Casuarina litorea
(=C. equisetifolia)
Suckering Australian pine Casuarina glauca
Camphor tree Cinnamomum camphora
Laurel fig Ficus nicrocarpa
Glossy privet Ligustrum lucidum
Chinese privet, hedge privet Ligustrum sinense
Melaleuca, paper bark Melaleuca quinquenervia
China berry Melia azedarach
Catclaw mimosa Mimosa pigra
Strawberry guava Psidium guajava
Guava Psidium Montana (- P. littorale)
Downy rose-myrtle Rhodomyrtus tomentosa
Popcorn tree, Chinese tallow tree Sapium sebiferum
Schefflera, Queensland umbrella tree Scheff/ere actinophylla (=Brassaia 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 leucocephala
Senegal date palm Phoenix reclinata
Castor bean Castor bean
Rose-apple Syzygium jambos
0309treeord. xlsAppendixA
1
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Canopy Trees
Common Name Botanical Name Replacement Tree Preferred Plant Replacement Notes
Size/Minimum Height Size/Minimum Height Credits:Preferred
Plant
Bald cypress Taxodium distichum 15 gal; 6' min hgt 25 gal; 1 0' min hgt 2:1 30-70' mature height, deciduous, bronze fall color, chartreuse
spring color
Bald cypress Taxodium distichum 65 gal;14' min hgt 3:1
Black gum, swamp 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 wet
tupelo soils
Carolina cherry laurel Prunus carolinian a 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 gal;10' min hgt 1 :1 Medium tree, evergreen, attractive bark, fine texture
Dahoon /lex cassine 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 40' mature height, evergreen, red fruits on female trees
Dahoon /lex cassine 15 gal; 6' min hgt 65 gal; 10' min hgt 3:1
Florida elm Ulmus americana f10ridana 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 virginian a FG; 4,5" min caliper 5:1
LonClleaf pine Pinus palustris 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" 4:1
caliper
Red maple Acer rubrum -- 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 pine 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 maanolia Magnolia grandiflora -- 65 gal; 10' min hgt 4:1
Southern magnolia Magnolia grandiflora -- FG;12' min hgt; 2,5" cal 5:1
Sugarberry, Celtis laevigata 15 gal; 6' min hgt 30 gal; 8' min hgt 2:1 60-80' mature height, fruit attracts birds, large graceful form,
hackberry prefers moist soils, soft 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
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Canopy Trees
Common Name Botanical Name Replacement Tree Preferred Plant Replacemen Notes
Size/Minimum Height Size/Minimum Height Credits:Preferred
Plan
Sycamore Platanus occidentalis 15 gal; 6' min hgt 30 gal; 10' min hgt 3:1 80-100' mature height, varicolor bark, golden fall color, deciduous
Water ash, Carolina Fraxinus caroliniana 15 gal; 6' min hgt N/A 30-40' mature height, soft wood, bright green compound leaves,
ash prefers moist areas
Water oak Quercus nigra 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 95' mature height; dull. bluish green foliage; shade tree
Winged elm Ulmus alata 15 gal; 6' min hgt 30 gal; 10' min hgt 3:1 50-80 feet mature height, corky winged bark; rusty fall color
0309treeord,xls
2
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Small Trees
Common Name Botanical Name Replacement Tree Preferred Plant Credit for Preferred Notes
Size/Minimum Height Size/Minimum Plant
for Existing Single Height/Credit
Family Residences
Camelia Camelia spp, FG; 8' min height FG; 8' min height 2:1 Showy spring flowers
Carolina willow Salix caroliniana 15 gal; 6' min hgt N/A 20-30' mature height, good for erosion control, soft green foliage,
black ridged bark, prefers moist to wet soils
ChaDman oak Quercus chapmanii 15 gal; 4' min hgt N/A Small tree, evergreen, prefers well-drained soils
Chickasaw plum Prunus angustifolia 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 flex X Festive ™ 15 gal; 4' min hgt 30 gal; 6' min hgt 1 :1 Pyramidal evergreen, spiny foliage, 10' mature height
Florida anise tree ffficium fforidanum 15 gal;40" min hgt N/A 20' mature height, maroon-red flowers, prefers moist soils,
compact and dense form
Flowering dogwood Comus fforida 15 gal; 6' min hgt FG; 3,5" min caliper 3:1 20-30' mature height, showy white spring bracts, red autumn cola
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 cfava-herculis 15 gal; 5' min hgt N/A Small armed tree, deciduous
ash
JaDanese Drivet Ligustrum japonicum 15 gal; S' min hgt 30 gal; 6' min hgt 2:1 15' mature height, evergreen. upright spreading form
Little Gem magnolia Magnolia grandiffora '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 grandiffora '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 carolinian a 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"
Mvrtie oak Quercus myrlifolia 15 gal; S' min hgt 15 gal; 5' min hgt 2:1 Small, scrubby tree; evergreen, prefers drier soils
Oakleaf holly flex 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 macrophyflus 15 gal; 6' min hgt N/A 50' mature height, evergreen, compact, foliated to ground, dark
green foliage '
Red mulberry Morus rubra 15 gal; 6' min hgt N/A Small tree, large leaves, edible fruits, attracts birds
0309treeord.xls
3
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Small Trees
Common Name Botanical Name Replacement Tree Preferred Plant Credit for Preferred Notes
Size/Minimum Height Size/Minimum Plant
for Existing Single Height/Credit
Family Residences
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 Cereis canadensis var. - 30 gal; 8' min hgt 3:1
canadensis
Rusty Iyonia, Lyonia terruginea 15 gal; 6' min hgt N/A 20-25' mature height, rusty colored new growth, evergreen,
staggerbush crooked and asymmetric form
Silverthorn Elaegnus pungens 15 gal; 6' min hgt N/A 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.
Sparkleberrv Vaccinium arboreum 15 gal; 5' min hgt N/A 20-30' mature height, red fall color, deciduous
SweetlTea Olive Osmanthus tragrans 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
Titi Cyrilla racemif/ora 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
Touah 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, well-drained soils
Walter's viburnum Vibumum 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 ceritera 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 myrtle Myrica ceritera -- 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 americanus 15 gal; 5' min hgt N/A 15-25' mature height, olive-green foliage, beautiful shape in light
shade to sun
Yaupon flex 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 flex vomitoria 65 gal; 10' min hgt, 4:1
standard
0309treeord.xls
4
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Palms
Common Name Botanical Name Replacement Tree Preferred Plant Credit for Preferred Notes
Size/Minimum Height Size/Minimum Plant
for Existing Single Height/Credit
Family Residences
Cabbage palm Sabal palmetto 10' min hgt 15' min hgt;clear trunk 2:1 50-80' mature height, long lived
Cabbage palm Sabal palmetto -- 18' min hgt; clear trunk 3:1
Canary Island date Phoenix canariensis 15 gal; 40" min hgt 30 gal; 7' min hgt 1 :1 60' mature height, diamond patterned trunk, evergreen, feather-
palm like fronds
Date palm Phoenix dactylifera 15 gal; 3' min hgt FG; 10' min hgt; clear 1: 1 80' mature height, pinnate leaves to 10' long, grey-green color
trunk
European fan palm Chamaerops humilis 15 gal; 3' min hgt 15 gal; 3' min hgt; 1: 1 15' mature height, palmate fronds, gray-green color
multiple
Needle palm Rhapidophyllum hystrix 15 gal; 3' min hgt 25 gal; 4' min hgt; triple 5:1 3-8' mature height, prefers moist soil, evergreen, palmate fronds,
declining native species
Pindo palm Butia capitata 15 gal; 3' min hgt 25 gal; 6' min hgt 1: 1 20' mature height, pinnate fronds fine texture, blue-green color
Pygmy date palm Phoenix roebelenii ,15 gal; 3' min hgt 25 gal; 5' min hgt; triple 1 :1 8' mature height
Sago palm, King Cycas revo/uta 15 gal; 3' min hgt 30 gal; 4' min hgt 1: 1 20' mature height, dark green feather-like leaves
Sago palm, Queen Cycas circinalis 15 gal; 3' min hgt 30 gal; 4' min hgt 1: 1 20' mature height, dark green feather-like leaves
Washington palm Washingtonia robusta 15 gal; 3' min hgt 25 gal; 7' min hgt 1: 1 60' mature height, palmate leaves, rapid growth, develops "shag"
of hanging dead fronds, good as avenue tree
Washington palm Washingtonia robusta 15 gal; 4' min hgt 65 gal; 10' min hgt 1 :1
Windmill Palm Trachycarpus fortunei 15 gal; 3' min hgt 25 gal; 5' min hgt 1 :1 20' mature height, palmate fronds, gray-green color
I
min hgt - minimum height
min calliper = minimum calliper
gal = gallon
FG = field grown
0309treeord.xls
5
..-. ._.._...._-_.:'~.:.: .-'.
"
APPENDIX C
CALCULA TING TREE PROTECTION ZONE
The following guidelines shall be applied to detennine 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 ovennature (>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 ~nk: diameter to calculate the optimum radius (m f~t) 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
feet (per inch trunk diameter)
Good Young ,0.5'
Mature 0.75'
Ovennature 1.0'
Moderate Young 0.75'
Mature 1.0'
Ovennature 1.25'
Poor Young 1.0'
Mature 1.25' . "
. ,.
Ovennature 1.5'
Source: Trees and Develooment. a Technical Guide to Preservation of Trees During Land
Development, Nelda Matheny and James Clark, 1998, International Society of Arboriculture,
Champaign, IL
Relative
Common lIame Sdentific name tolerance I Comments SOUice
-,
.-
Balsam fir Abks balsam," Good Tolerant ol root loss and saturated solb. Hightshoe
V/hlte fir Abks concclor Moderate Tolerant of root loss. Intolerant of sa turated:;md high salt salls. Day, Hlghtshoe
AC'ada Acac/a spp. , Poor lntolerant of root In1ury.{ , M111heny & CIMk
Florida maple Acer barbattim ' Moderale' Inlolerant of inechanlcallnjury (poor compartmentalization).
. - , " Response .corlstratned by soli aeration and watec availability. 'Coder
. ,
Acer ditlnatuni ' '"
Vine maple GOod::,,:,' Rest retained as clumps. Pe~pre "
Chalk maple Aca trocodom~ Poor,. " Response ls site dependenc. . Codee ,
" ,
Slgleaf maple Acuma'"'~~Y1tiUn Good (',' Select spedn1ens With good crown structUre. ;..... ".
" ,
.~ ..., :. . : ""',~ ,~ . " ..;:.... Tolerant Qf root pruning and Injury but not' of flU. :' Beck
.". "
Blgleaf maple Ace mtUiDphyllum 'Poor:,:',: ',' Decllnes folloWIng addition 01 ftlt Dunster
Box elder. AcOO' nqundo' : GoOd.',..: . Tolerant ohoot loss and saturated soUs. May tolerate some fill. Coder, Hlghtshoe. Sydnor
.. Select superior Individuals for preservation.
Striped z:naple Aar pmsylvan1aun Moderate Intolerant of tnechanJcallnJury (poor compartmentalization). Coder
.'> UmJted tolerance to mlaoCl1m.ale change. Tolerance greatest
' ",.
. . " , , '. ." wlthJn native'range.
- ....' -.,
Norway maple A~ platanoldu " Moderate~good Mocferately tolerant of root pruning. S. Clark, Fraedrich
S}'Camore maple .Mer p~plQtanris : Moderate' Gilbert
Red maple MOO' IUbrum Moderate-good Response probably associated with geographic location. Coder. Fraedrich. High1.5l1oe
Am satChnrlnUm ' Tolerant of [O()t pruning and saturated soll~
Silver maple Poor-moderate Uke.1y to $)owly die back following root inJury (Day). Coder. Da)',
May. to)er~te. some root pruning (Praedrkh) or loss (Hlghtshoe). Fraedrlch, HIghbhoc. S~'dnor
Some tolerance for crown reduction pruning, fill soils and
saturated salls. Response variable wlthln species (Coder)
Sugar maple Ace SQC'CMrum Poor-moderate Tolerapt 0' roollos~ Lnlolerant of saturated and llU soils. S. Oark, Highl~hoe. Sydnor I
Mountain maple: ACt!' SpiCtltum Moderate lntoler~t of mechanlcallnlury (poor comEartmcntaJlzatJon). Coder I
Limited tolerance to microclimate change:1'olerance greatest I
within native range. i'
California buckeye Msculus caUron/lea Good ; Mathen}' &. ClaJ'k I
Red horse-chestnut AescuJus)( C(lf71etl Good Shows good resistance to "contractor pressw:es." Gilbert
Yellow buckeye A /!SCulus {la YCl Poor Intolerant of mechanlcaJ InlUI)' (poor compartmentalization). Coder
Response constrained by soil aeration and water availability. I
I
OhIo bUCkeye Mscutus gtabra Poor Intermediate tolerance to root loss and saturated solis. Hlghtshoe.5)'dnor I
Poor accllmation response. Tolerant o( some flU.
Red buckeye Mscu1us ptIYia Moderate Intolerant of mechanical Injury (poor compartrnentaJl2.atlon). Coder I
Tree of h.~a ven AUanlhus att1ss1ma Good Tolerant of root prunLng. Generally good accl1mation Day, Fraedrkh, Sydnor I
response following disturbance. !
i
I
I
1 Assigned either by source or by Malheny and Cark.
Relative
Common name Scientific name: tolerance 1 Comments Source
...-......-. .- ......--
,.\1<.1 m A/11m spp. Good Show conslderoble resistance to "contractor pressures." GlIben
Red .:llder AIl/lIS nrbro Poor.moderate Retain only in groups or as Indlvidlla1s with .strong taper Be<"k, Dunster, Pcepre
H:lzel alder A. III liS Jmt/lntn Good and structure. RelaUvely Short-llve~: Intolerant to root Injury. Coder
SeT\'lccberc)' Amt~ancllirr spp. Good Intermediate tolerance to loot loss. ToleJant of satura red solls. Hlghtshoe, Sydnor
Generally good acclimation response to site change.
Downy servlcebeny Am~J(1l1clll~ arbortn MOderate (ntolerant of mechankallnJwy (poor compartmentallzatlon). Cod e r
Response constrained by soU aeration and water availability.
()e....il's.wa ()Ungstkk Arnlin spInosa Moderate Intolerant of mechanlcallnlury (poor cornpart mental I.z.a Hon). Coder
M:ldrone Arbutus mmzlt.SiI Poor Intolerant of site dlsttubance. Matheny &. CI;Jrk
P;t\\'p:l I\' Asimillo trJ/obn Good Code r
(;ulecn lJilccharis Bocc1lC7ris imlimlfvlitl Good - Cod ez
Birch Bttu/a spp. Poor.modera te Intolerant of rOOI pruning. Mature uees parttcuJarly sensitive GIlbert, FraedIich
to development lmpacts.
Yelloll' birch Bell/fn n/{t!ghm!ims;s Moderate Intolerant of mechanical lnjury (poor companmentalization). Coder
Umlted tolerance to microclimate change. Tole:rance greatest within
native range. Response varles ,due to soli and water :lvallabllity.
S \\'l'l'l bi rch Brllll111mtn Moderate lntennedlate tolerance to root loss. Intolerant of saturated soils. Coder, Hlghuh~
Intolerant of mecl1anlcalln/ury. ltmlted tolerance to mlcrocllmate
change.Tolerance greatest wlthln native range.
River birch lktl/ln nIgra Mod era te.good Variable tolerance of root loss and saturated soils. S. Clark, Coder,
Tolerant of minor amounts of flU. , Hlghtshoe, Sydnor
Paper birch Bell/In papyrifem Poor.moderate In,tolerant of corutrudjon Impacts,outslc;1e oC native range; S. ClaIk, Day.
moderate within. Prone (0 sunscald. Low tolerance to rool inlury. Peeprc, Sydnor
. Br~nze blrch borer much more severe unde:r'SlJ"ess. Be.st retained
In groupS or as select Indtvtdua1.s. ,;'
Gray bIrch Bth/{a poplllifolin Moderate-good Tolerant of construction impacts within native range; moderate S. OiUk, Sydnor
r~p.onse oUlslde. Construction Jmpact.s/lnJury Increases
su~ceptfblUty to bronze blrch borer.
Gum bumella BllmeJin ltlnltgfllOSll Moderate Intolerant of mechanlcallnJury (poor compartmentalization). Coder
Re~pome constrained by soU aeraUon and waler availability.
nud:thorn hllm~lI.. 8/1111<'I1a /)'rj(}irl~.~ Modl't~te . In\olerant of mechilnlc~J Injury (pqor compartmentaliUltlon). Coder
, Response constrlllned by soU aerilllon und water availablUty.
Incense cedar Cnlcx:~dntS rln.l/lTrlU Moderate Matheny & Clark
Blue bcC'Ch; Cl1rpillllS cnrotllflmtn Moderate Intolerant of Toot loss and saturated soUs. Swceptible to two-lined Coder, Hightshoe,
hornbeam chestnut borer, particularly under condltions of environmental Sydnor
s~ss. LlmHed tolerance to climatic change. ToleJance greatest
w1~tun native lange. ~
1 twigned elthtt by So~~.or by Matheny and Clark.
Common name
Water hickory
Bitternut hickory
Bitternut hickory.
Pignut hickory
[>~
Shagbark hickory
Scientific name
Ovya aquadcQ
Caryn confl{armb
Carya cordi~rmfs '0
Ca1)Ugfobr~, ,
Ca~ i/Iinomsis ,
Caf}tJ omfa . "
Relative
tolerancet
Good
Good
POOt
Moderate-good
Moderate-good
~odeIate-good
ShagbaIk hickory Ca~ o~tQ
Sand hickory Carra pall/da.: ','
Mockernut hickory Ca1J'Q tom'o1tosa
Mockernut hickory Ca1}'l1 tommtasa,
[llortda chinkapln CaSlanm t1!i21fDUa:
AJlegheny chlnkapln Castanea pUJn.!~
Ca~pa Catalpaspp.: : ,:" _
Southern catalpa Catalpa biglio;tlofd~" ,
Northern catalpa CataJpaspmosa"
Deodar cedar
. ... .'. ~ ....; ..
'.
~drus deodara .',
Sugaroetry ~/tis laevigata'
Gro:rgta hackberry ~/tis ~nu((olia
Hackberry
Celtis occldmtaUs
Common bultonbush Cephalanthuf ,
ocddmtalls
KAtJura.tree CorfdlphyllLa7l
japonFcum
Redbud
Alaska yellow.cedar
False cypress
PrIngetle-f
CtTtis canadmsfs
ChnrTWCyparis
nootJca tl!nsl s
Chama<<yparls spp.
Chlonanthus "
virglnlcus
Poor
Moderate ," "
'Mod era te.gc)od
POor-mOderate'
MOderate<:.)).. ,
Poor:' . .
Moderate: . . .:<,
Good
Good'
, ,
GoOd
Good
Moderate
Good
,Good
Poor-moderate
Moderate
Good
Good
Modera~
1 Assigned eilher by souret or by Matheny and Clade.
Commeots
:~
Jnrermcdlate tolerance to root loss and saturated[solls.
WiU tolerate some fill. .
Response constrained by soli aeration aild water availability.
Moderately tolerant of construction damage. Tolaant oC some flH.
WlndClrm. Itespollse constrained by soil and water aVlIlIllblllty.
Moderately tolerant of construC1lon damage. Thlerant of some fill.
Moderately tolerant 01 construction damage. Tolerant of some fill.
Windflrm.
Response constraIned by.soU aeration and water availability.
' . '
Moderately tolerant of construction damage. Tolerant oC some fiJl.
Wlndfirtn.
Response constraIned by soli aeration and water Availability. '
Pe.st problems aSSOCiated with development Impacts.
, Pest problems associated with deveJopment Impacts.
Tolerant of satw:ated soUs. Intermediate In tolerance to root loss.
---.;.
Generally tolerant of disturbance Indudlng root Inlury. Prone to
ba'sal decaY. '.
Thlerant of coot and crown prunJrig. Intolerant of excessive soil ,
molstw:e;;leads to AnnlllaM and Phyrophthora.
lntolerant of me<:hanlcallnlury (poor compartmenta1lz.atlon).
fntolerant oC mecharilcallnlury (poor compartmentaUzaHon).
Response:corutralned by soU aeratlon and water avallabiUty.
Tolerant of root loss. In termedla te (Hlghtshoe) o:r low (Day) In
tolerance to saturated salls.
Intolerant of mechanica1lnlury (poor compartnienlall2.ation).
Sensitlve to fUI and root disturbance. Requires tree protection
zone at the dctpllne. Requires postconstrucUon care,
particularly .supplemental i.uigatJon.
Resporue:constralned by soU aeration and wateravalJabiUty.
Relatively windfinn. lntolerant of changes In water
table/soU moisture.
Show COnsiderable teslstance to "contractor pressures."
Intolerant of mechanical Injury (poor compartmentall2.ation).
Response constnlned by soil aelaUon and waler availability.
I
/
'Source
-,
Coder
Hightshoe, S}'Clnor
Coder
S. Oark, Coder, Syc1nor
S. Clark, Sydnor
S. Clark, 5}'clnor
,'1.'.
Coder
Coder
S. Oark, Sydnor
Coder
Coder
Coder
HJghtshoe
Coder'
Day. S}'dnor
: "
Ellis
Coder
Coder
Day, Hightshoe. S~>dnor
Coder
Cullen
Coder
Peepre
Gilbert
Coder
Common ~ame
-..-----
Yellow-wood
Cinnamon clethra
iluckwheat tree
Sc:lentific name
Relative
to J er.il n c:e 1
/
Conunc:nts
ClndrllJtJs Jllttll
C/~lhra nCllmluotn
C/ifumln l1Ionopllylln
Pagoda dogwood ConI/IS tilte17li{alin
Flowering dogwood Comus flarida
Flowering dogwood Comus flarldn
PaclllC dogwood Comru mlttn1ll1
Swamp dogwood Conl/u strictn
neal;ed h:lzeJ Coryhu conl/lla
Hawthorn Crnt.a~ru spp.
Cockspur h:lwlhorn Cmtaqlu mls-Som
,
\ V.uhington
h.1hthom
Dotted hawthorn
Cypresse.s
~rontere~' cypress
Swamp C>'tl1la
PersImmon
Easrern coralbean
Eucalyprus
Eastern Ivahoo
IJel:rh
American beech
F.urope.1n be<<h
SIY.11l1p Vrh....1
,
Ash
White ilSh
Crntn~IIS
pltamopynmr
Crntnel1U plltlctntn
CUprtssrlS SP?.
Crlpr~slts
mncrocnTprt
C)'rilJa rncemiflorn
Dlospyros vtr.ril1lmln
Erytllrll1ll hlrbclcen
Ellcnlypt1lS spp. ,
Euol1ymus
ntroplCrpurau
FtJ.!llJ spp:
Fa,fus prJlldtfo/la
Fnsu.~ sytvntirn
Pm,"st;ml IICllllrillcrtl1
FTl1xlllllS 'spp.
Frmclmu nmmc(Jlln
Poor
Moderate
Moderate
Moderate
Poor
Moderate
Good
Good
Good,
Moderate
Good
Good.
Good
Good
Poor
Moderate
Good
Moderate
tvfoderate
. Moderate
. Poor
Poor,
Poor'
Good
Moderate
Moderate.good
C.1rollni\.:uh FrtU;uiu crirol1l1innn Good ';,
lAssIgned tither by sou:c~'8'r by Matheny ,and Clark. ',". ,
. .~.., . 1-,
.,.,......
. -'~'
Response Is site dependent
lntolerant of mechanical Injury (poor &;ompa.rtmentalizallon).
Response constrained by 5011 aeration cVid water aVaJlablUry.
Intolerant of mechanlcal injury (poor compartmentalization).
Response constrained by.soU aeraUon and water avaUabUlry.
Intol~rant of mechanIcal lnJury (poor compartmentaUzation).
Intolerant of site dJsturbance.
Intol~rant of mechanlcalln/ury (poor compartmenta1Jzation).
Pest problems associated wHh development lmpacu.
Intolerant 01 mechanJcaJ Injury (poor,compartmentaUzatlon).
Jnrerrned.lale tolerance to root loss and saturattd solu.
Sensitive to \v\ndlhto\v U canopy raIsed. Some roleranC'e
to dJslurbance. '
SusceI;>lible to wlndthrow. Tolerates some dlsnubance.
Swceptlble to wtndthrow. Tolerates some disturbance.
Show consIderable resutance to "contractor pressures.'"
lntolerant of site disturbance. .
intolerant of m~chanlcaJ Injury (poor compartmentaUzaUon),'
Tolerant of UhJrated solls. Pest ploblems a.s.soclared with
. I
~eveJopment Impacts. . r
Intolerant 01 mechanical lnjury (poor compartmentaUzation).
Modeiately tolerant pI root loss. lntole,r<mt of JUl.
lntolerant of mechanlcallnJury (poor c~mpartmenta1Jzatlon).
I I.
Ihtoler~nt of root prunJng. Poorlcsponseto Injury.
Intolerant of fiU soil.
Response ls sIte dependent.
Mature trees particularly sllsceptible.
~oderately tolerant of root pruning.
Tolerant of root loss. JnlermedJate In tolerance to Uturate<! soUs.
l(,llolenint of mechnnlcnl Injury (poor compiHtmenralfZilllon).
I
R.e.spol1;Se constraine<! by soU and water avallabWty.
Source
COder
Coder
Coder
Coder
Sydnor
"
Coder
Pee pee
Coder
Coder
HighlShoc
Sydnor
Sydnor
Sydnor . ..
G,Ilbert
Matheny << Clark
Coder
Sydnor
Coder
Matheny &. Clark
Coder
Fcaedrich,SYdnor
Coder
Gilbert
Coder
s. Clark. Fraedrich
S. Clark, Coder,
HlghlShoe, Sydnor
Coder
...
i
I "
Common name Sctentific name
Relative
tolerance1
Comments
Europea n ash
Black ash
Gre-en ash
Frculnus acdstor
Praxinus nigra
Frru 1nus
pawylvanlt.a :_
Fraxinus _ '"
quadmiJgulat.a
Fraxlnus uhdd
Fraxinus vdutina
'Modesto'
Ginkgo Ginkgo b11ob(, ,
Water locust G~{Wa tUjuat(ca
Honey Icxust Gll!dltsla trl~anthos
~ f. Inmnls
loblolly bay Gordonlnlaslanthus
Kentucky coHee-tree Gymnodadus dioicus
Blue ash
Shamel ash
Modesto ash
.
Carolina sil\'erbeIl Hal~sf(J carol/nn
Moderate
Good
'Good
Good
Good
Good
Good
Good
Good
Good
Good
Moderate
) ^~s1gned either by SOUIC'e or by Matheny and aul<.
Tolerant 01 root loss and saturated solh. ,{
Tolerant o(root pruning and loss. Benefits from'supplemental
ItrlgaUon (olto",:1.t:lg Inlury. Tolerant of saturated soils and fill.
Tolerant of root prunJng. Best With In1gation following disturbance.
Tolerant oC root pruning. Requires supplementalln1gauon follOWing
root lOss/inJury. .
Thlerant of root pruning.
~
Tolerant of root pruning and site dJsturbance. [ntermedlate
tolerance to saturated soils.
rntermedJate tolerance to root loss and saturated salls.
Tolerant of site dlsturbance.
mtolerant of mechanlcallnJul}' (poor compartmenta1\.z.acion),
Response constrained by soil aeration and Water avallablUty.
Umlted tolerance to microclimate change. ToJerance greatest
withJn native range. ,
Intolerant of mechanlcaJ in/ury (poor compartmentaUzatlon),
,Response constraIned by soU aeration and water availability.
lntolerant of mechanlcallnJury (poor comparhnental1zatlon).
. Response constraIned by soU aeration and water availability.
Intolerant of mechanlcallnjwy (poor compartrilental\.z.aUon).
Response con.straln~ by soli aeration and wate~ avaJlabllity.
Umlt.ed tolerance to mJcroclirrulte change.1blerance greatest
wlthtn natlve iange.
Tolerates some fill.
;
",
Source
Gilbert
H1ghtshoe
Coder, Da}',
Hlghtshoe, Sydnor
Sydnor
EJlli
Matheny 0: Clark
Praedrtch, Sydnor
Coder
Coder, Prae.drich.
Hlghtshoe, Sydnor
Coder
HJghnhoe, Sydnor
Coder
Codez
Coder
Coder
Coder
Coder
Coder
Coder
Coder
Coder
Coder, S}'dnor
Coder
Coder
,',1 ,Il':,ve
. omOlon name SdentiBc name tolerance1
C1Ufomia b/~ \yalnut /iJglmls 1I111dsiI Poor
8lJCK I""fnut Jus'nns lIi.fTn Poor-moderate
En~Ush walnut Jllg/nlli rrgfn Poor
R<Xky MOllntilln /1l1l1pC'ftts Poor
Juniper scopu/onml
EJstt'm red cedar /Imiptnu y/r[ill/mln Good
Mounta[n l&lurel KnIll/In latlfolin GOod
Tamarack Lnrix. Inr!c/11/I Moderate
$lVeetgum LlfJuidamlxrr Poor-good
.. styrao'fllla
,
Tullptree Lin.orftndron Moderate
OI//p/{an
TUllprree l.1 riorkltcflCm Poor
tl/11p/{aa
CUC\Jm~ctree Maguolia nCZlm/llntn Moderate
Ft~set magnoUCl MaprolJn fmStri Poor
SCXlthem nUlgnolia Magi/olin grand/flom Poor or good
Solllhern magnolia Maguolia palld/flam . Moderate
Pyrilmid magnolia MaSllolin pyrnmirfntn Poor
S\\'eet bil)' MnglloUn vlrg/lllmln Good
Apples MaIllS sp'p. Moderate
Soo.lthem crabapple Mnllls nlllUSd{o1tn Mc;>dera te
1 Ass[gned elthe-;by ~OUl~e or by Matheny arid auk.
Comments
Dies slowly follOwing even minor root Injury or changes to
water table. Crown reductlon prunlJlg may ~ fatal. Requires
tree protection Zone at or beyond the'cdrlpllne.
fntolerant of COOtIOS3. lntermed1ate ~olerance to satura ted soUs.
Intolerant of mechanical injury (poor compartmental1z.atlon).
Response constrained by soli aeraUon and Water avalJabWty.
Usually grafted onto Callfornla black walnut ~t<xk.
Sensitive [0 root prunlng and OIlsoiJ. Llkely to decline follOwing
grade change and loss oC roots. Very susceptible to borers
wh.en stressed.
Tolerant of root loss. Intolerant of saturated soils. Jntoletant or
me~hanJcaJ Injury.
Tol~rant of root loss and saturated salls.
Jntermedlate re.spome to fiU and loot Injury. Breadth oC
I
tole.rance may be due to pre.ex1st:1ng ~Ite condJtions and
wlthin spede.s variation.
Intolerant of fOOt PCUnJng. SenslUve to woundJng.
Intolerant of mechanlcal Injury (poor compartmentalization).
Re.sponse constraJned by soU aeration and water availability.
Intolerant oCmechanlcal Injury (POOl compartmentalJzation).
Intolerant of m~hanlcal injury (poor compartmentalization).
1.1mited tolerance to microclimate change. 'Tolerance greatest
~th1n native range. '
Re.sponse dependent upon locatlon: g~od withln native range;
poor oUlSlde It. In Calilomla, It declines foUOwing lOot Ln/ury
and site dJsturbance.
lntoterarlt of mechanical Injury (poor compartmentalization).
rntoie.rant of mechanIcal injury (poor compartmentalization).
Umlied tolerance to mlcrocUmate change. Tolerance greatest
withlri natlve range.
'toler~nt of saturated .soUs.
-
Intolerant of mechanical injury (poor compartmentaliza tJon).
l1mJted tolerance to mlcrocUmate change. Tolerance greatest
Within nat1ve range. Pest problems .usoclated with development
Impact'S.
Source
Matheny & Clark
"
Highl5hoe. Sydnor "
Matheny & Clilrk
Day
Codet, Hlghlshoe.
Sydnor
Coder
Hlghl5hoe
S. Clark, Coder,
Matheny & Clark,
SydnOt
Fraec1rich, Sydnor
Codet
Coder
Coder
Matheny & Clark,
Sydnor
Coder
Coder
Coder, Sydnor
Gilbert
Coder
'0'
I (I '
. ,
'.
.' ::.~.::
, , , ','Relative:
Common nam~ Scientific riame tolerance1
Sweet crabapple M(11u.r (oronar/n Moderate~good
, .
Apple Matus dOlnesttCa ':,..:, . 'Good
Pcalrle crahilpplt' Malu.' ioclI.'i1$ Good
Wt)ite mulberry MaTUS alba Moderate
WhIte mulbe.uy MOI1l$ alba Good
Red mulbeny Morus rubra . "Good
Soulhem baYberry M}ffca arlrira" " , Good
Evergreen bayberty Myrica ~~rophylla Good
Waler tupelo Nyssa aquatica Good
Ogeechee tupelo Nyssaog<<ht Modera te
'>
Blaltk gum' Nyssa sytvatl.ca Good
Devil wood OS171Qnthus MOderate'
I ammcanus
AmerIcan Ostrya virgtnlana. Moderate
hophombeam
I
SOU;n\'OOd OXydmdnDn Moderate
arbofr!Um
Sou,r\'r'OOd Oxydmdlllm Poor
arboreum
Empress.tree PauJownia tomrnr.osa Good
Redbay Pmea borbonia Good
NOI'Nay spruce Picea abies Moderate
White spruce Pictal'auca Moderate .
Black spruce Picta mariana Good
Colorado spruce Plcea pungtn$ Moderate
Pinckneya Pindw,a pubrns Moderate
Ja~ pine Pinus banJc.s1ana Good
Canary Csland pine Pinus CQnamnsis Good
ShorUeaf pine' pinus <<hlnata Madera te-good
Pinyon pine Pinus tdulis Moderate
l^s~gned either by source 01 by Matheny and Carle.
Comments
Intolerant 01 mechanlcallnlury (poor compartn!~ntaUzatfon).
Umlted tolerance to microclimate change. Thlera:nce greatp.st
within native range. Pest problems assodated wfth development
Impacts.
Tolerant of some fm.
Tolerant oJ disturbance and fill.
Tolerant ofdlstulhance and flU.
fntolerant of mechanic.aJ InJur)' (poor compartmentalization).
Response constrained by soil aeration and water availability.
Response constrained by soU aeration and water avaJlablUty.
Intolerant oC mechanlcallnfury (poor compartmentallzatlon).
mtolerant of root loss and saturated salls. Two.llned chestnut
bOler will attack CO~Ow1ng dIsturbance. Response Is site depe,ndent.
Wlndfinn.
,
Tolerant of s1,e dlrturbance.
Often windthrows, rntol~ant of root loss.
Tolerant of root loss. Intermediate in tolerance to saturated soils.
Tolerant of root loss and saturated salls.
Intolerant ot saturated soils. lntermedlate In tol~ance 10 root
loss. Often wlndthcows. .
Intolerant oC mechan1callnJury (poor compartn1'entaJizatfon).
Tolerant at root Joss. IntoLerant oC saturated soils.
Tends to have sinker Toots close to trunk.
Pest problems associated with development Impacts. Tol~ant of
some fill soil. '
lbJerant oC root pruning. Intolerant of sa turated and poorly
drained solls. I
/
. .
Source
Cadet, Sydnor
Sydnor
Sydnor
Matheny &. Clark
Sydnor
Coder, S}'dnor
Coder
Coder
Coder
Coder
Coder, Sj'dnor
Coder
Coder, Highlshoc,
Sydnor
Sydnor
Coder
Sydnor
Coder
Sydnor.
Hlghuhoe
Hlghtshoe
Day, Hightshoe, Sydnor
Coder
Hlghtshoe, Sydnor
EJlh
Coder, Sydnor
Da):'
Relatf\te
Common name Sdentlficname tolerance I
..-".--.'-.
Slash pine ' Pinus tlliottii Good
Spruce pine Pln/J.S glnbm Good
AUHcian pine Pill us nitro Good
Longlea[ pine PilllLS pnll/Stris Moderate.good
Ponderosa pine Pinus-pondaosn Good
Tabk: mountain pine Pinus pUttgms Moderate.good
Monterey pine Pinus rodin/a Moderate
Red pIne Pimu ruinosa Good
Pitch pine Pil/lu rl.ridn Good
Digger pine Pl1ms snbilliann Moderate
Pond pine Pimu sautlll/l Good
White pine Plmu strolnu Moderate
$cOIS pine i"l'/Jus SY/Yestrls GoOd
Loblolly pine PIt/lis lntda Moderale:.good
Virginia pine Pinus Yirgi1l1nllQ Poor.moderate
VirgWa plne Pinus .,jilin/ann Good
Planer Iree Piano-a nqllolfca Good
London plane Platamu x (fCtrl{ofln Poor or good
,
E.1stem sycamore Platanus ocrMmtn/ls Moderate
Eastern sycamore ,Platanus occidmtnils
Western sycamore Plntnnlls mCtmbsa I
Popli\C'S Poplllus spp.
F.ast~T11 cOllonwood /iupulllS dr/luldrs
GOod
Moderate
Good
Moderate-good
~
Western cottonwood POPlllru /i'rmolltii
BIKtoolh clSpen PopllllU ,fTmrdidtlllc'lt.a
1.~lIl111:Jrll}' popl\lr Pupll/llS /lism
'JtaJlca'
Poor
Poor.moderate
Moderate-good
I Assigned either by source or by Matheny and Clark.
COuunenls
-----
Source
Tolerant of some fi1l and root prunlilg/inJury.
Um.Jted tolerance to mloocllmate.thange. Tolerance greatest
Within native range.
Tolerant oC flU wlthln dripllne and root pruning. Intolerant of poor
drain'age, overwatering, and hlgh-'\oluble salts.
Umlted tolerance to mlcroc1lmate change. Tolerance greatest
Within native range.
Requires supplemental irrigation (ollowing dlsturbanCt'.
Tolerant of root loss. lntolerant oC saturated salls.
-.;...
Thlerant of root loss. Intolerant of satluated so Us or changes
, In $oU moisture. Response often .slte dependent.
To~erant of root loss. Intolerant of saturated soils.
MQderate tolerance to root lo.s.s.lntolerant of saturated solls.
lnbuylncreases swceptlblUty to Southern pine beetJe.
PrQne to wlndtluow and root decay,
--.-
Response appears to be location dependent. In,eastern V.S.,
. str~ intolerant In northern part of range. In CaUfomla,
very tolerant. Benefits from supplemental1rr1gation.
IntennedJate tolerann- to constructIon damage; Moderate
toJ!!rance of rut .soli.
Show consIderable lesistance to "contractor pre.s.s.sures."
Intermeolilte to good tolerilnce of root loss, fill soli, and
sa~rilted salls.
Prone to Wlndthrow and decay,
Tol~ri\nt oC rOOI Joss. Intolerant of saturated salls.
'Iblerant ot minor amounts of CW. Intolerant 01 changes to
soU,moisture. Decays rapidly. Susceptible to w1ndthrow.
Coder
Cod~
Day, Sydnor
Coder
Day
Coder
Diu
Hlghtshoc, Sydnor
Coder. Sydnor
Matheny Ex Clark
Coder
Coder. HIghlshoe,
Sydnor
Hlght'Shoc. Sydnor
S. Clark. Coder, Sydnor
Matheny Ex ClaIl<,
Sydnor
Coder
Coder
Matheny & Clark,
Sydnor
S. Clark, Sydnor
Coder
Matheny & Clark
Gilber I
S. Clark, Coder.
Highlshoe. Sydnor
Matheny & Clark
Hlghlshoe. Sydnor
Beck
"
I
I
Relative
Common name Scientific name tolerance1
..
Plains cottonwood Populus sargmtii Moderate
Quaking aspen Populus b-emuloid~ Moderate
Black cottonwood Populus tridtocarpa Poor
American plum PrwlUS omu;cona Moderate
Chlckasaw plum Prunus angustifolia Moderate
Caro11.n a 1a urelcheny Prunus caroUnl4na Good
Canada plum Prunus nigra Moderate
Fire cheny Ptunus pwylvanicQ Moderate
Black cherry Pnmlls s~rotinQ Poor
Black cherry Prunus serotina Moderate
f1atwoods plum P,UnuS umbel/alii Moderate
Douglas-fir P~udotsugn Poor. good
ml:Tlzl~sli
Hoptl'c:e P~Il:a tri(oliatn Moderate
, Calle')' pear PyJ'us c.allcl}'rlha Moderat~
Oalu Qumus spp. Moderate
Coast live oak Q~rcus Ql'i{olia Good
I
WhIte oak Q~1tUS alba Poor .
White oak Quarus alba Moderate .
White oak Quercus alba Good
Swamp whJte oak QUat11S ble%r Good
SC'allet oak QUOtllS cocelnm Poor.modera te
Sc~rletoaJc Q~rcus eocrinca Good
Durand oak QUeTtUS durandli Good'
Southcr,n red oak Qltn"CUS {alcala Moderate.good
Chenybark oak Q~1tUS {Ulcatn Good
I Vat. pag"'!aefolla
1 Assl&l}ed dther by source or by Matheny and Clark.
Com men Is
-.-.--..
-----.--....--. -.-.--... ...
Day
Defoliation and dleback may Collow eXCessive root loss.
Intolerant of crown reduction pruning. Supplemental lrr1gatlon
required Collowing root Jniury. Tolerant of some grade change.
Tolerant of root loss. intolerant of saturated solis.
Mature trees prone 10 Wlndlhrow and hunk failure.
Intolctant oC mechanlcaJ Injury (poor compartmentallzat1on),
Response constrained by soli aeration and watet avalJabiUty.
Intolerant of mechanIcal Injury (poor compartmentalIzation).
Response constrained by soU aeration and water avallabUlty.
Tolerant of root loss. lntolerant of saturated ,solis.
Intolerant of mechanlcaJ lnlury (poor compartmentalization).
Intermediate tolerance to roo't loss. Intoleran~ of saturat~d soUs.
Sel<1ct young, vigorous Indlviduals for preservation.
Intolerant of mechanlcal InluJ)' (poor compartmentalization).
Intolerant of mechanical Injury (poor compartrnentallzat1on).
Tolerant of OJI sollllllmlted to on~uarter of lOot lone.
However, may decline slowly follOwing addItion of fill.
Tolerates root prunIng. Intolerant of poor drainage.
Susceptible to bark beetles follOwing Injury.
Intolerant of mechankallnjury (poor compartmentallzatlon).
Intolerant oC root pruning.
Sensitive to addItion oC fill soli around base of trunk.
Intolerant of frequent summer IIrigation. Bark Ii sensItive
to sunburn following prunlng.
fntolerant of loot loss and satuuted sou.s.
A cornmon survivor of construcUon activity. Moderate
tolerance to flll soli. Response constrained by soil aeration
and water avallabUlty.
TolClant of some flU.
{ntolerant of construction lnjwy.
Largely intolerant of construction Inlury.
/
.,
Source
Day, Hightshex
PC't'pre
Ceder
Ceder
Coder
Hlghtshoe
Coder
Hightshoe, Sydnor
Ceder
Coder
Beck, Dunster
Coder
Fraedrich
Gilbert
Matheny & C1ar~
HIghtshoe
S, Clark
Coder, Sydnor
Day, S}'dnor
S, Oark, Sydnor
Coder
Coder
S. Clark, Coder, S}'dnor
Coder
Common name
SCleDtiflc name
Oregon White oak QIIMJlsganyrmn
Shingle oak QIIMlIS ImUrlcnrln
BlueJacK oak Qumm /ncnnn
California blaC"k oak QtJCaiJ-ulJoggil
Turkey oak QtlmUS InMs
Laurel oak QttmlCS'lnurifolin
Valley oak
O\'errup oak
Bur oak
QUotus lobnta
QllmlLs lyrotn
QII~C1'S (fUlCTocnTpn
Relative
tolerance1
Good
GOOd
Good
Moderate
GOOd
Moderate
Moderate
Good
Moderate
Bur oak Quuntt mncrocnrpn Good
Blackjack oak Quercus mnrl/rlndica Good
S\ramp chestnut oak Qllm'ltt mlchnwcil . Good
. Chlnquapin oak QUotus Good
mitthltnM:lI
Wato oak Qucmu.,rlgrn Good
Pin oak QUt'rcus palustris Moderate-good
WiUow oak QJlnna phtl/os . Moderate.good
Chestnut oak QUtmlS' primu Moderate-good
Northern red oak QunoLf TUb", Moderate-good
Shumilrd oak Qllm1tS s}mmmdil Good
POSl oak Quemu sttllntn Poor-good
III ~\'I: a.a" QII~n:t1s t1:/urll/n Moderilte
Ulack oak QlltmlS vtlutinn Good
Uve oak QUm'ltt "'rgln/ann Good
I ASsigned ellhcr by source 01 by Matheny and Clark.
"
Comments
Subject to nutritional problerru, when alkaline subb~ Is used.
Intolerant of extreme variation in moisture. Poor
compartmentaUzation resporue.
Imolerant of summer Irrigation and ml solI.
Relatively tolerant of root Injury, although may be as.soclated
wHh ao\Vn dleback. Supplememall1Tlgatlon ~qu1red following
root inlWY. Intermediate tolerance to saturate<! solb
(prairie ll.leas, U.S.). .
Tolerant of fill and compacted soUs (eastern U.s~)
Tolerant of site dhturbance.
Tolerant of saturated soils.
Intennedlate tolerance of root loss and saturated soUs.
. Response constraJned by soU aeration and water 2lvallablllty.
Response constraJned by soU aeration and water avaUabillty.
Tolerant under good growing conditiOns.
Response constrained by soU aeration and water avaJlabUlty.
Limited tolerance to microclimate change. Tol~ance gre<)test
wHhfn naUve range. Tolerant of loot IOJ.S.
Variation may be ~eographjc In Orighlj poor In south,
good In mideastern U.S. (Ohio).
Intolerant of rootlo.s.s and saturated soils.
Hlgh tolerance for various soli types as well as lJ'enching,
cOf'!1paction, nnd drought. Good compartmentalization response.
Umlted tolerance to sJte change. Tolerance greatest withln
naUve range.
Source
Bell, Matheny & C1llIk
Sydnor
Coder
Matheny & Clark
Coder
Slebenl haler
Matheny &. Clark
Coder
Day, Hlghlshoe
Sydnor
Coder
Coder
Coder, Sydnor
Coder, Sydnor
S. Clark, Hlghtshoe.
Sydnor
Coder, Sydnor
Coder, Sydnor
Coder, H1ghlshoe.
Sydnor
Coder. Sydnor
S. Clark. Coder, Sydnor
Hlghuhoe. Sydnor
Cod er
Coder. Slebenlhaler,
Sydnor
. "
,.
,
Common name Sdentific name
Relative
tolerance 1
Comments
. .. .-.-...-.-.-- 0__0____ ........ _.. .. ..._...0 ........_..._......_.... . .....____. . '0__
.....-...-.... .....-.--... . ..............
Coder
Carou.,a buckthorn Rhnmntu carollnlana
Catawba
rhododendron
Rosebay
rhododendron
Shining sumac
Smooth sumac
Staghorn rumac
Black locust
Rhododmction
catawblmse
Rhododmdron
nltU ImlCm
Rhlu copa1lina
Rhus sIn bra
RhlU typhlnQ
RobInia pstudoacacla
WUlow
Snllx spp.
Weeping wUlow
Sali;c babylonlca
Coastal plain willow Sal1x carollnlana
Black wll10w SalIi nigra
Silky Willow
Salfx smctfJ
American elder Sambucus canadensis
Sas~alras Srwnfrns nlbidllm
C.1lilomia peppertree
Co.1~t redwood Seep/ola
sanpm1rrns
GI:Sllt redwood StqU()ladmdron
glgnntmm
Mount.,ln ash Sorbru lUlCl/JXIrla
^llIlyil';\('J bladdemut St(lphylm tJifolin
Virl::IIl~'l slcwnllla St'Wnrtin
mnltlcodtndrcm
MOllllt:lln stewnrtla Slnvartia omla
^11~I.'r1r:l11 snCl\vlx:1l Styrax nmmcana
1Ii~ll'ar mCJ\vbdl
Styrax grnmtl{ol1n
C()l1llllllll s\\'wtlc:.r . SJ'lII/llocos tinctorla
Moderate
Moderate
Moderate
. Moderate
Moderate
Good
Good
Moderate.good
Moderate.good
Good
Good
Good
POOl
Good
Sehlmes mol/~
Good
Moderate
Moderate
Good
Good
Good
Moderate
Moderate
Good
---..-..------
I "~Sllo:l\l'\l \'IIIil'l h)' Sllmw lit by Mntheny and CJuk.
. , .
Intolerant of mechanical Injury (poor eompartmentallz.atlon).
Response constrained by .loll ae:ratlonand water availability.
Intolerant of me<"hanlcallnlury (poo(compartmentallzatlon),
Intolerant of mechanical inlWY (poor compartmentallzaUon).
Intolerant of mechankaJ Injury (poor compartmentalization).
Intolerant of mechanlcnl1njury (poor compartmentalizatIon).
Regenerates quIckly from root sprouts following disturbance,
Tolerant of root Joss and fUl soU. Intolerant of .saturated salls.
Serultlve to boren when stressed.
MOderately tolerant afloat pruning and ffllsoll. Show conslc1erable
resistance to "contractor pressures."
DIsturbance may lead to cankering. Tolerant of some fill.
Increased llkellhood of windlhrow wHh saturated salls.
Tolerant of root loss and saturated soIls. Tolerant of some f\ll.
Response is sIte dependent.
Regenerates from root suclters following disturbance.
Moderate
Supplemental 1n1gatlon requIred If located out at native range,
iU'WelJ as during construction and following injury.
lntolerant of summer Irrlgation Zlnd fill soU.
, ,
Tolerant of root lo.s.s. Intermediate In tolerance'to saturated soIls.
Intolerant of mechanical Injury (poor compartmentalizarton).
Response constrained by soll aeration and water availability.
Intol~ranl of mechanJcaJ injury (poor compartmentallzaUon).
Response constrained by soU aeratlonand water avallabUlty.
Intolerant of mechankaJ injury (poor compartmenl:alJzatlon). -
Source
Coder
Coder
Coder
Coder
Sydnor
HIght.shoe. Sydnor
Day, f-raedrlch. Cllbell
S. Clark. Sydnor
Coder
Coder. HfghlShoe,
Sydnor
Coder
Coder
Coder, Sydnor
Ellis
Matheny &. CIJrk
Malheny & Clark
HIghtshoe
Code.r
Coder
Coder
Coder
Coder
Coder
.,
!
r
I
i
I
,:
I
I
. !
". ;
,
Relative
Common name Sdentiftc name tolerance) Comments Source
Bald.cypress Taxodium distichum Good Adapts roldl\y to wide range of soils, wet to dr}', sand}' S. Clark, Coder,
to he.wy. Tolerant of alkaUne soUs. Trunk does not dJsturb Slebenthaler
pavement but knees may emerge In yards:
Ponn cypreH Tnxodilllll rliiric1l1ulI Good Coder
Vat. IIlItnns ,
'Koohem white cedar Thujn occidmtnlis Good Tolerant of root loss, some fijI, and saluIated solls. Hlghcshoe. S)'dnoe
Western r~d cedar Tllujn pI/en tfI Good Relatively windfirm. Intolerant of changes In water Peepl e
table/soU moisture.
\\I~tern red ced:\r 17UlJa pUcara Poor.moderate Response is very site dependent, probably related to soil molstur~. Heck, Dunster
Intolerant of fill.
linden 1ilin spp. Moderate-good Moderately tolerant of roof pNnlng. Considerable re1lstance to S. CJark, Gilbert,
\ "contractor pressures." Fraedrich
Bass\\'ood TiUn nlfl()icntln Poor 1blerant of root loss. Intolerant ,of saturated soUs. Intolerant of HIghtshoe, S)'dnor
site disturbance and fill.
ClIo\ina basswood Til/n cn rolilllm In Poor Respo!lse ls site dependent. Coder
\-\:hile basswood 1illnlrMopllylln Poor Response Is sIte dependent. Coder
Poison sumac To;lt iCOfimdrolJ Moderate Intoletant of mechanicalln/uty (poor compartmentall2.ation). Coder
l'C'Illix
[astern hemlock TSlItCl C(//I(ufmsis Poor Intolerant of fill and saturated soils. Coder, Sydnor
\ \~stem hemloc~ TS/lgn lu~roplJy/ln Poor-moderate Prone to wlndthrow, decay, and dwarf mistletoe. Intolerant of Beck, Dumla. Pee pee
grade change. POOt compartmentaUz.atlon.
I] n': Ulmlls spp. Good Tolerant of rOOI pruning. foraedrich
VYin~ed elm Ulmus alall! Good ':1.", Coder
AmericOln elm WillItS amtricalln Good Tolerant of root loss and site disturbance. Intermediate In Da)', HJghlshoe, Sydnor
toleran~ to saturated soils.
AllI('ril';j1l {'1m U/ml/.f ntllt'rklll tn Moderate Pest problems associated with development Impacts Coder
. (sQutheastem U.S.).
Siberian elm Ulmus pUllIlln ' Good Tolerant of fill soU, root pruning, lnlw'y, a wide range of soU Da}'
moIsture conditions, and high-soluble saJ.~.
Slippery elm Ulmus rubrn Good Tolerant of root loss. intermedlate'n tolernnce to saturated salls, HIghtshoe
~llp}X'ry.~11ll Ulmus ml>rn Moderate Pert problems assodated wlLh development 1.nlpacts Coder
(southeastern U.S.)
C:slifornla !Jay Ulllliclli.llnrln Moderate Intolerant of fill soU. Matheny &. ClaIk
((lllro"'fc~ .
Spaeklebecry t'accirlium nrbortwn Moderate Response Is sHe dependent Coder
Passwnhilw vwumum Vlbunrum lIudl;m Good' Coder
Walter's viburnum Vibl/;wllli obOvatlml Good Coder
I ,\s~i)::Il\'\ll'I'h{,1 h~' SOi;r(l' 01 by Miilhen)' and Qark.
I
i
,j
i
;
I
I
Com.1i1on name Sdent:ific name
Relative
tOlerancel
Comments
Source
Rusty black haw
Hercules club
Viburnum mfidllJum
Zanthoxylum
clrwa.hacI/fu
GOOd
Moderate
Intolerant of mech.lOlcaJ InJury (poor comparlmentillilntlon)
Coder
Coder
1 Asslgneu eIther by source or hy MOlthcny lInd CIllrk.
RefERENCES
Beck, M. 1996. Northwest Arborvitae, WoodlnvWe, WA. Personal
communIcation.
BeU, H. 1996. ANEW LEAF, Merlin, OH. Personal communication.
Clark, S. 1996. Steve Clark &. Assodate.s, Btentwood, TN. Personal
communication.
Coder, K.D. 1996. University of Georgia, Athens. Personal communlcatJon.
Cullen, S. 1996. Consulting aiborist, Greenwi~ cr. Personal CDmrnWllcatlon.
Day, S. 1996. Day E.c Associates, IJtt1eton, CO. Personal communication.
Ellis, D. 1996. Deborah Ellis, Horticultural Consultant, Saratoga, CA.
Personal communication.
. ."~~i.,~:~:~~7I';;~~:'~~~''';:''1'
", I,
Friledrich, B. 1995. Solut1o~ of tree and sidewalk confUru. City TreeJ,
pp. 13-15. MaY-June 1995.' .
Gilbert, O. 1996. Retaining trees on corutruction sites, Arboriclt/lWnl
Journal, 20:39-45.
Hlghlshoe, G. ] 988. Native Trees, SJmlbs and Vines for Urual/ (JI/r! RW/lI
America. New York: Van Nostrand Reinhold. 819 pp.
Peepre, J.S. Undated, SaYing Natiy~ Trm in the Lower MnIn Inllc/, Vancouver,
BC:J.P. Peepre & Associale.s.
, Slebenthaler, J. 1996. Clearwater, FL Personal COmmunication.
Sydnor, T. 1996. Ohio Slate UnIversity, Columbus, OH. Personal
communication. .
,,.;;,
~<.
.'';
~:
.:f.~ ~
'''0''1:
.s.'''.',:
,,' .
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.
qJVOVlVle 9. gfto~cheft
Environmental Consultant
CITY OF WINTER SPRINGS
ORDINANCE NO. 2002-08 -- TREE PROTECTION ORDINANCE
CITY OF WINTER SPRINGS STAFF AND
YVONNE I. FROSCHER RECOMMENDA TIONS
FOLLOWING REVIEW OF ORDINANCE
September 21, 2003
Yvonne I. Froscher thanks the City of Winter Springs for the opportunity to assist with potential revisions
to Ordinance No. 2002-08 - Tree Protection Ordinance. Following individual reviews of the Ordinance
prepared by Anthony Garganese and submitted September 18, 2003, to the City of Winter Springs, City of
Winter Springs Staff and Yvonne I. Froscher met September 19, 2003, and propose the following
additional changes to "fine tune" a few areas of the ordinance to:
(1) Correct items-definitions, spelling, compatibility with rest of Chapter.
(2) Include omitted items.
(3) Clarify language related to Contractor's requirements, safety hazards, penalties for prohibited
activities.
The result is the summarization of recommendations below:
Staff/Consultant Review Recommendation 1: Twelve inches is more typical definition for measurement
of Caliper.
Revision [Sec. 5-3(a)):
(a) Caliper, Measure of tree twelve (2) inches from soil level.
Staff/Consultant Review Recommendation 2: Language was not concise enough in revision, since
neither caliper or diameter-breast-height (DBH) were referenced.
Revision [Sec. 5-3(s)):
(s) Specimen Tree, A Tree, other than an undesirable tree, structurally unsound tree that cannot be
recovered from pruning, dead tree, or diseased tree, that has a caliper oftwentv-four (24) inches
or more. Specimen trees shall not include laurel oak (Quercus laurifolia), sand pine (Pinus
clausa), or cherry laurel (Prunus caroliniana).
StafjlConsultant Review Recommendation 3: Language defining a separation between private and
municipal responsibilities is suggested to better define limits of each entity's responsibilities.
Revision [Sec. 5-4(a)): Leave Section as is but add:
(a) ., ,without a permit. If a tree's primary trunk is located within a City right-of-way or easement.
necessary pruning or tree removal shall be the responsibility ofthe City. If a tree's orimary trunk
is located within a private. multifamily. industrial or commercial tract. necessary pruning or tree
removal shall be the responsibility ofthe oroperty owner.
StafjlConsultant Review Recommendation 4: Revised language related to "recreation" was awkward, so
was clarified.
Revision [Sec. 5-4(b)(4)):
(4) Trees that interfere with the construction or repair of public utilities, public recreational
structures. and other public infrastructure,
Po. BOX 795305. W7NTER SPRINGS, FLORIDA 32779-5305. (407) 327-2020. FAX (407) 327-7778
2
Advisory Board Recommendation 8: No pemlit fee should be required for trees which are removed
because they are a safety hazard or because the tree is diseased or damaged. Necessity to remove a tree
should also include removal of Trees with severe structural defects.
City Council Recommendation A: Revision is based on 5/8/03 City Council tree ordinance work session
where discussion was related to the difficulty with interpreting "safety hazard", since eveI}'one has their
own definition within their personal context. The objective was to define "safety hazard" or provide more
specific language to cover specific instances where a tree related "safety hazard" may be present. The
latter has been the chosen option, this language should replace existing.
Revision [Sec. 5-4(c)(l)]:
(1) Necessity to remove Trees which a) threaten to disrupt public services or b) prohibit access to
improved public easements or rights-of-way. lithe Tree must be removed to eliminate
disruption of public services or to allow access to improved public easements or rights-of-way.
no permit fee will be required,
Revision [Sec. 5-4 (c)(2)]:
(2) Necessity to remove Trees which are causing clear and obvious damage to buildings on a lot or
parcel of land. No permit fee will be required for removal of a tree causing financial damage to
buildings. Trees shall not be removed due to small cracks or uplifts in pavement sidewalks. and
structures that are typically caused by settling and small roots,
Revision [Sec. 5-4 (c)(3)]:
(3) Necessity to remove a) diseased Trees or b)Trees weakened bv age. storm. fire. or other iniury or
c) Trees with severe structural defects. No permit fee will be required for removal of a diseased
Tree or Trees weakened bv natural causes (age. fire. storm).
Advisory Board Recommendation 7: Silvicultural activities should be exempt.
StajJ1Consultant Review Recommendation 5: Minor language modification.
Revision [add Sec. 5-4(d)(2)]:
(2) The property owner can document income or potential income from harvest of mature trees
which are oftvpical harvestable size and type on the property.
Staff/Consultant Review Recommendation 6: Language modification to clarify difference between
"license" and "permit." Since certain information is automatically required to attain an occupational
license in the City, the third sentence in the paragraph can be omitted, A copy of an occupational license
and liability insurance should be required for contractors to get a permit for tree removal and can be
requested as information required for that permit application.
Revision [add Sec. 5-4(e)):
(e) Contractor License Required. Any person.... Licenses may be obtained",. 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.
Staff/Consultant Review Recommendation 7: Typo
Revision [add Sec. 5-5(c)(5)]:
(5) To issue cease and desist work orders upon Persons in violation....
3
Staff/Consultant Review Recommendation 8: Add language so that locations of preserved trees are
shown on the grading plan. Clarity language allowing City Forester to assess proposed grade changes
according to Appendix C which contains protection zone guidelines. Omit language regarding statements
from competent professionals.
Revision [Sec. 5-6(a)(1)(I)):
(I) If significant grade changes are proposed on the site, a scaled grading plan showing trees to be
preserved shall be provided. In addition, a ..vrittefl.." Said statement shall.. .. Guidelines
provided in Appendix C: Calculating Tree Protection Zone shall apply.
Staff/Consultant Review Recommendation 9: Add language requiring documentation of insurance from
Contractor's.
Revision [Sec. 5-6(a)(1)(L)):
(1) Documentation of workers' compensation insurance and general liability insurance shall be
provided by a Contractor providing tree removal or pruning services.
City Council Recommendation B: Revision based on 5/8/03 City Council tree ordinance work session.
The City Clerk is the formal recorder and "keeper" of municipal records so should be the entity to keep
permanent records related to Historic Trees.
Revision [Sec. 5-8(a)):
(a) Designation. ......, ,Determination that a Tree is a Historic Tree shall be made by resolution of
the City Commission, following a recommendation of the Beautification Board of Winter
Springs, and the City Clerk shall keep permanent record. . . .
Staff/Consultant Review Recommendation 10: This paragraph requires correction to be compatible with
Table 1.
Revision [Sec. 5-9(b)(5)):
(5) Waivers o/Replacement TreeM Specifications or Tree Bank Contributions. The
number... .., value of the trees being replaced. The contribution to the Tree Bank may be
waived by tbe City Commission, for individual homeowners, on a case-by-case basis, if the
homeowner can demonstrate that the payment of the fee will cause the homeowner an undue
economic hardship, Substitute trees.", The amount to be paid into the tree bank shall be set
fOrtll in Table 1, and should be based upon wholesale market value of the trees being replaced,
plus installation tmd maintenance costs to establish the Tree.
Staff/Consultant Review Recommendation 11: Retain language related to submittal of a plan by a
landscape architect.
Revision [Sec. 5-9(b)(6)(A)):
(A) All plant material specified shall be Florida Grades and Standard One (1) or better, The
landscape plan for the proposed development or redevelopment to which the credits are to be
applied shall be prepared by a landscape architect licensed by the State of Florida.
4
Staff/Consultant Review Recommendation 12: Add language to include penalties for "prohibited"
activities in Section 5-10. Correct numbering of items, Add language to include activities exceeding those
allowed in a pennit in addition to not having a pennit.
Revision [Sec. 5-18(b)(1) through (7)):
(1) Failure to obtain a pennit or exceeding permitted activites,.,
(2) Irreparable damage to a Tree or removal of a Tree without a pennit ..,
(3) Removal ofa Specimen....
(4) Failure to abide....
(5) Failure to obtain a contractor's license...
(6) Conducting any activity prohibited under Section 5-10 of this Chapter.. . Fine of $250.00 per
occurrence.
(7) Any other violation. . , ,
Staff/Consultant Review Recommendation 12: Make Tree Protection Area Signage bilingual (Appendix
D). Add revised cost increase provision to Table I
Appendix D and Table 1 attached.
City of Winter Springs
Ordinance No. 2002-08
TABLE 1: TREE REPLACEMENT STANDARDS
DBH of Protect~d Tree Number ofR.eplacement Number of Replacement Preferred Plant Contribution to Tree Bank*
CanopYTl:eesR.equifed for Small Trees or Palms
Each Tree Remo'led Required for Each Tree
....... Removed
Preferred Plant(s)
4' up to but not including 8" 1 or 1 or w/Credits or $250
Preferred Plant(s)
8" up to but not including 12" 2 or 2 w/Credits $500
Preferred Plant(s)
12"up to but not including 16" 3 Not allowed w/Credits $750
Preferred Plant(s)
16" up to but not including 24" 4 Not allowed w/Credits $1,000
> 24" To Be Preserved To Be Preserved To Be Preserved To Be Preserved
*These amounts may be adiusted every two years to compensate for increases to costs of plants. I
0309treeord. xis Table 1
City of Winter Springs
Ordinance No. 2002-08
APPENDIX A: UNDESIRABLE TREES
Common Name ",: .. Botanical Name
Mimosa, silk tree Albizia julibrissin
Woman's tongue Albizia lebbeck
Orchid tree Bauhinia variegata
Bischofia Bischofia javanica
Carrotwood Cupaniopsis anacardioides
Australian pine Casuarina litorea
(=G. equisetifolia)
Suckering Australian pine Casuarina glauca
Camphor tree Cinnamomum camphora
Laurel fig Ficus nicrocarpa
Glossy privet Ligustrum lucidum
Chinese privet, hedge privet Ligustrum sinense
Melaleuca, paper bark Melaleuca quinquenervia
Chinaberry Melia azedarach
Catclaw mimosa Mimosa pigra
Strawberry guava Psidium guajava
Guava Psidium Montana (- P. littorale)
Downy rose-myrtle Rhodomyrtus tomentosa
Popcorn tree, Chinese tallow tree Sapium sebiferum
Schefflera, Queensland umbrella tree Scheff/ere actinophylla (=Brassaia 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 leucocephala
Senegal date palm Phoenix reclinata
Castor bean Castor bean
Rose-apple Syzygium jambos
0309treeord .xlsAppendixA
1
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Canoov Trees ..
Common Name ....... ...... R19placement Tree Preferred Plant Repla<;emen Notes
...... Size/Minimum Height SizelMlnimum Height Credits:Preferred
Plant
.......
Bald cypress Taxodium distichum 15 gal; 6' min hgt 25 gal;10' min hgt 2:1 30-70' mature height, deciduous, bronze fall color, chartreuse
spring color
Bald CVDress Taxodium distichum 65 gal;14' min hgt 3:1
Black gum, swamp Nyssa sylvatica var. bif/ora 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 50-75' mature height, orange-red fall color, deciduous, prefers wet
tupelo 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 parvif/ora 15 gal; 9' min hgt 30 gal; 10' min hgt 1 :1 Medium tree, evergreen, attractive bark, fine texture
Dahoon /lex cassine 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 40' mature height, evergreen, red fruits on female trees
Dahoon /lex cassine 15 gal; 6' min hgt 65 gal; 10' min hgt 3:1
Florida elm Ulmus americana f10ridana 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 virginian a 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
Lonaleaf Dine Pinus palustris 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, kernal inside nut is edible, shade tolerant
....~._ _u.
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" 4:1
caliper
Red maDle Acer rubrum -- 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 Dine 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 maanolia Magnolia grandiflora - 65 gal; 10' min hgt 4:1
Southern magnolia Magnolia grandiflora -- FG;12' min hgt; 2,5" cal 5:1
Sugarberry, Celtis laevigata 15 gal; 6' min hgt 30 gal; 8' min hgt 2:1 60-80' mature height, fruit attracts birds, large graceful form,
hackberry prefers moist soils, soft wood
Sweet bay 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 styracif/ua 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
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Sycamore Platanus occidentalis 15 gal; 6' min hgt 30 gal; 10' min hgt 3:1 80-100' mature height, varicolor bark, golden fall color, deciduous
Water ash, Carolina Fraxinus caroliniana 15 gal; 6' min hgt N/A 30-40' mature height, soft wood, bright green compound leaves,
ash prefers moist areas
Water oak Quercus nigra 15 gal; 6' min hgt 30 gal; 10' min hgt 2:1 95' mature height; dull, bluish green foliage; shade tree
Winged elm Ulmus alata 15 gal; 6' min hgt 30 gal; 10' min hgt 3:1 50-80 feet mature height, corky winged bark; rusty fall color
0309treeord.xls
2
City of Winter Springs
Ordinance No, 2002-08
APPENDIX B: DESIRABLE TREES
Small Trees
Common Name Botanical Name Replacement Tree Preferred Plant Credit for Preferred Notes
~ize/Minimum Heighl Size/Minimum Plant
for existing Single Height/Credit
Family Residences
.. ...
Camelia Camelia spp. FG; 8' min height FG; 8' min height 2:1 Showy spring flowers
Carolina willow Salix caroliniana 15 gal; 6' min hgt N/A 20-30' mature height, good for erosion control, soft green foliage,
black ridged bark, prefers moist to wet soils
Chapman oak Quercus chapmanii 15 gal; 4' min hgt N/A Small tree, evergreen, prefers well-drained soils
Chickasaw plum Prunus angustifolia 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 lIex X Festive ™ 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 gal;40" min hgt N/A 20' mature height, maroon-red flowers, prefers moist soils,
compact and dense form
Flowering dogwood Com us florida 15 gal; 6' min hgt FG; 3,5" min caliper 3:1 20-30' mature height, showy white spring bracts, red autumn color
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
Japanese privet 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"
Myrtle oak Quercus myrtifolia 15 gal; 5' min hgt 15 gal; 5' min hgt 2:1 Small, scrubby tree; evergreen, prefers drier soils
Oakleaf holly /lex X 'Oaklear 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 mulberrv Morus rubra 15 gal; 6' min hgt N/A Small tree, large leaves, edible fruits, attracts birds
0309treeord.xls
3
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
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 Iyonia, Lyonia ferruginea 15 gal; 6' min hgt N/A 20-25' mature height, rusty colored new growth, evergreen,
staggerbush crooked and asymmetric form
Silverthorn Elaegnus pungens 15 gal; 6' min hgt N/A 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,
Sparkleberry Vaccinium arboreum 15 gal; 5' min hgt N/A 20-30' mature height, red fall color, deciduous
SweetlTea Olive Osman thus 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
Titi 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
Touqh 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, well-drained 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 mvrtle 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 Osman thus americanus 15 gal; 5' min hgt N/A 15-25' mature height, olive-green foliage, beautiful shape in light
shade to sun
Yaupon /lex 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 /lex vomitoria 65 gal; 10' min hgt, 4:1
standard
0309treeord,xls
4
City of Winter Springs
Ordinance No. 2002-08
APPENDIX B: DESIRABLE TREES
Palms
Common Name Botanical Name Replacement Tree Preferred Plant Credit for Preferred Notes
Size/Minimum Height Size/Minimum Plant
for ExisUngSingle Height/Credit
Family Residences
...
Cabbage palm Sabal palmetto 10' min hgt 15' min hgt;clear trunk 2:1 50-80' mature height, long lived
Cabbage palm Sabal palmetto - 18' min hg!; clear trunk 3:1
Canary Island date Phoenix canariensis 15 gal; 40" min hgt 30 gal; 7' min hgt 1: 1 60' mature height, diamond patterned trunk, evergreen, feather-
palm like fronds
Date palm Phoenix dactylifera 15 gal; 3' min hgt FG; 10' min hgt; clear 1 :1 80' mature height, pinnate leaves to 10' long, grey-green color
trunk
European fan palm Chamaerops humilis 15 gal; 3' min hgt 15 gal; 3' min hg!; 1 :1 15' mature height, palmate fronds, gray-green color
multiple
Needle palm Rhapidophyllum hystrix 15 gal; 3' min hgt 25 gal; 4' min hgt; triple 5:1 3-8' mature height, prefers moist soil, evergreen, palmate fronds,
declining native species
Pindo palm Butia capitata 15 gal; 3' min hgt 25 gal; 6' min hgt 1 :1 20' mature height, pinnate fronds fine texture, blue-green color
Pygmy date palm Phoenix roebelenii 15 gal; 3' min hgt 25 gal; 5' min hgt; triple 1 :1 8' mature height
Sago palm, King Cycas revoluta 15 gal; 3' min hgt 30 gal; 4' min hgt 1 :1 20' mature height, dark green feather-like leaves
Sago palm, Queen Cycas circinalis 15 gal; 3' min hgt 30 gal; 4' min hgt 1 :1 20' mature height, dark green feather-like leaves
Washington palm Washingtonia robusta 15 gal; 3' min hgt 25 gal; 7' min hgt 1 :1 60' mature height, palmate leaves, rapid growth, develops "shag"
of hanging dead fronds, good as avenue tree
Washington palm Washingtonia robusta 15 gal; 4' min hgt 65 gal; 10' min hgt 1 :1
Windmill Palm Trachycarpus fortunei 15 gal; 3' min hgt 25 gal; 5' min hgt 1 :1 20' mature height, palmate fronds, gray-green color
min hgt = minimum height
min calliper = minimum calliper
gal = gallon I
FG = field grown I
0309treeord.xls
5
APPENDIX D: TREE PROTECTION AREA SIGNAGE
TREE
PROTECTION
AREA
MACHINERY, DUMPING,
CONSTRUCTION, PARKING,
STORAGE OF ANY MATERIALS,
OR REMOVAL OF BARRIER
IS PROHIBITED
By the City of Winter Springs
OFF LIMITS!
iENTRADA ES PROHIBIDO!
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 notacceptable. The sign shall be two
(2) feet wide by three (3) feet long.
~
qJ IJOf'lfle 9. g~osche~
Environmental Consultant
LETTER OF TRANSMITTAL
RE: City of Winter Springs
Arbor Ordinance Review and Recommendations
DATE: September 22, 2003
TO: City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Attention: Athony Garganese
ITEMS TRANSMITTED:
I 1 original I September 21, 2003, recommendations,
I
ITEMS ARE TRANSMITTED as checked below:
D For approval
[8] For your use
D As requested
D Forreview
D Returned for corrections
D
COMMENTS: Please do not hesitate to call with any questions.
COPV(S) TO: File
FROM: ~-"---' C? ~
/'
Cc: Michael Mingea-City Forester
yif:yif
002\word\corresp\winterspgs\treeord\030919a.doc/via hand del ivery
Po. BOX 195305. WINTER SPRINGS, FLORIDA 32119-5305. (401)321-2020. FAX (401) 321-1118