HomeMy WebLinkAboutOrdinance 2011-16 Amending Chapter 5 Tree Protection and Preservation ORDINANCE NO. 2011 -16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 5,
TREE PROTECTION AND PRESERVATION, OF THE CODE OF
ORDINANCES, 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 § 2(b), Art. VIII of the State Constitution, to
exercise any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, the City Commission desires to clarify provisions of the City Code related to tree
protection and preservation; and
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 5, Tree Protection and
Preservation, is hereby amended as follows (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 5. It is
intended that the text in Chapter 5 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 5. TREE PROTECTION AND PRESERVATION
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Sec. 5 -2. Intent and Purpose.
(a) Purpose. The purpose of this chapter is to establish protective regulations for trees within
the city in order to maintain and protect the city forest, to better control problems of flooding, soil
conservation eonversation, air pollution and noise, and to make the city a healthier, more attractive
and safer place in which to live.
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City of Winter Springs
Ordinance 2011-16
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Sec. 5-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated unless the context
clearly indicates otherwise:
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(e) DBH. Diameter of unk at breast height measured four and one -half (4'/2) feet from ground
level at the base of tree., .... . - .., - . .. .. •
If a tree has co- dominant stems at or below four and one -half (4 '/2) feet from ground level, it shall
be measured as two (2) separate trees.
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(t) Specimen tree. A tree, other than an undesirable tree, structurally unsound tree that cannot
be recovered by pruning, dead tree, or diseased tree, that has a DBH caliper of twenty -four inches
or mores. Specimen trees shall not include laurel oak (Quercus laurifolia), sand pine
(Pinus clausa), or cherry laurel (Prunus caroliniana) or any tree found on the Florida Exotic Pest
Plant Council's Invasive Plant Species List.
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(v) Structure. Anything constructed, erected or placed, the use of which requires more or less
permanent location on or in the around or attached to something having a permanent location on or
in the ground. This definition shall not include sidewalks, walkways, driveways or similar type
improvements.
mow,) Transplant. The act of relocating an existing tree upon the same lot.
(x w) Tree. Self- supporting woody, perennial plants of spccics which have a trunk with a DBH
diameter of at least four (4) inches mcasui,..d at calipci and normally grow to an overall ecrown
height of a minimum of fifteen (15) feet. Cabbage palm greater than fifteen (15) feet tall.
(y x) 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 fvicstci city arborist may damage the tree may occur. This
zone is calculated according to Appendix C to this chapter.
(z y) Tree removal. Shall mean any act which will cause a tree situated on real property to die
within a period of two (2) years from the time of the act including, but not limited to, by cutting,
girdling, relocating, interfering with the water supply, applying chemicals, regrading around the
base of the tree trunk.
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Ordinance 2011 -16
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(aa z) 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 this chapter for the
replacement of trees cut, destroyed, or removed as a result of development or redevelopment.
(bb aa) Tree replacement credit. The tree replacement credit shall be established by the city
commission and set forth in Appendix B: Desirable Trees.
(cc bb) Tree trunk The main stem of a tree apart from limbs and roots.
(dd ee) Undesirable trees. All types of trees identified as "undesirable trees" in Appendix A of this
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.
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(b) Criteria. Upon receipt of a completed application and verification on -site by the city
forester arborist, a permit may be issued for tree removal under any one of the following conditions:
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(2) Trees with a trunk(s) located within ten (10) feet of a structure and that pose a clear
hazard or that have caused damage to said structure as determined by the city arborist.
. • - - • .I • . • • • • • • • • . :1 .
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(7) Trees that have been approved by the city arborist foivstei and which shall be
replaced elsewhere on the property.
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Sec. 5 - 5. City arbor division forestry
(a) Establishment of office. There is hereby created within the department of community
development, the arbor division office of city forestay. 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 arborist for the city.
(b) Scope of authority. The city forester arborist shall be charged with the responsibility and
authority to review and oversee all activities within the city limits which involve tree removal, land
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Ordinance 2011 -16
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clearing, or danger to and by any tree. Notwithstanding, the city forester arborist shall have
absolutely no authority to vary any plans, permits, or agreements approved by the city commission.
( c) Responsibilities. The role of the city forester arborist shall include, but not necessarily be
limited to:
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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 arborist forester. The applicant shall be
required to pay a fee as may be established by resolution of the city commission, except that no fee
shall be required for the removal of trees that j) are dead, diseased, or suffer from severe structural
defects, or (ii) pose a clear and obvious safety hazard to structures and people or (iii) are removed
for a public project sponsored and paid for by the city, or (iv) any tree found on the Florida Exotic
Pest Plant Council's Invasive Plant Species List. If the applicant is not the property owner, then the
applicant shall attach the written permission of the property owner to the application. All completed
applications shall be returned to the arborist forester, along with the following:
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(1) A tree inventory, for the portion of the site to be developed, consisting of a scaled
drawing of a scale of one (1) inch equals fifty (50) feet or less for undeveloped land or for
developed single family residential land, a sketch approximately one (1) inch equals fifty
(50) feet or less indicating:
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b. The location of all individual trees including the tree's common or scientific
name, and DBH caliper of trees.
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i. 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 arborist forester
at the time the application is filed and prominently attached to the front of the
application.
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(b) Time for application. Applications for a tree removal or land clearing permit shall be made
prior to removal or clearing; except that in the following cases, application shall be filed when
indicated:
(1) All new subdivisions shall be required to submit an application for a tree removal
or land clearing permit, at the time of initial submittal of the subdivision plan, to the city
forester so that due consideration may be given to protection of trees during the subdivision
design process. Each application for a tree removal permit shall be subject to review under
the staff development review committee process.
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(c) Exempting portion of the tree survey. Upon request, the city arborist 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.
* * *
(f) City commission approved plans, permits, and agreements. All permits issued by the city
forester arborist 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 arborist in conflict with any approval of the city
commission shall be deemed null and void and the approval of the city commission shall remain in
full force and effect.
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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. Determination that a tree is a historic tree shall be made by resolution of the
city commission after a recommendation of the beautification board of Winter Springs, and the city
forester arborist 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 have a DBH caliper of twenty -four (24) inches or more in—diameter.
Designation as an historic tree may occur in any one of the following ways:
(1) An applicant may request designation of an historic tree as part of any master plan,
preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an
expert evaluation by a landscape architect, horticulturalist, city arborist forester, or other
horticultural expert as part of the application.
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Ordinance 2011-16
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(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
arborist forester historian or other horticultural expert.
(3) The city's arborist 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.
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 such other
trees properly approved by the city arborist forester. Replacement shall occur prior to the issuance
of a certificate of occupancy (if approval is pending) or within thirty (30) sixty (60) 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:
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(6) Replacement guidelines. The following tree replacement guidelines shall apply:
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b. For each tree located within a public conservation area (excluding
jurisdictional wetlands determined by the St. John's River Water Management
District or the U.S. Army Corp of Engineers, or as depicted on Map V -3: 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 of trees required to be replaced by this chapter. However, the
minimum tree requirement set forth in section 5 -13 shall still apply. Such public
conservation area must be at least one (1) acre with widths not less than one
hundred twenty -five (125) feet, unless otherwise approved by the city commission.
In addition, trees approved by the city arborist forester to reforest such conservation
area shall also be applied to the replacement requirement on a one - for -one basis.
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City of Winter Springs
Ordinance 2011 -16
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TABLE 1. TREE REPLACEMENT STANDARDS
DBH of Number of Number of Preferred Plant Contribution to Tree
Protected Tree Replacement Replacement Small Bank
Canopy Trees Trees or Palms
Required For Required For Each Tree
Each Tree Removed
Removed
4' up to 1 1 Preferred Plant(s) with or $250.00
but not or or
Credits
including
84 9 " up or or Preferred Plant(s) with or $500.00
Credits
to but not 2 2
including
• 12"
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(e) Limited exception for existing single 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 arborist
forester determines that:
(1) The tree is not a specimen or historic tree;
(2) The tree canopy covering the pervious portion of the lot after removal of the tree
will be greater than fifty (50) percent; and
(3) A permit under this subsection (e) had not been granted during the preceding ten -
year period.
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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 arborist 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.
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Ordinance 2011-16
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(d) Structure and pavement location. It shall be unlawful to place any structure or impervious
paving within eight -foot radius of any tree trunk or stem having a DBH diameter of four (4) inches
or more at caliper.
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(f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or
spikes, having a DBH 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 arborist forester.
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Sec. 5 -14. Tree protection during development and construction; periodic inspection.
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(d) Site inspections. The city arborist forester may conduct periodic inspections of the site. It is
the responsibility of the property owner and their agents to ensure that all provisions of this chapter
are met.
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Sec. 5 - 16. Waivers; incentive program and appeals.
(a) Waivers. The city commission may grant a waiver to provisions of this chapter where the
applicant demonstrates that the literal interpretation of the chapter will deny the applicant
reasonable use of the property or where such waiver can be demonstrated to be consistent with the
purpose and intent of the chapter. The preservation of any approved tree over four (4) inches in
DBH 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 arborist fufcstci 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 shall decide said appeal within five (5) business days. Any person adversely affected by an
administrative decision of the city manager under this chapter may appeal that interpretation to the
city commission by filing a written notice of appeal of said interpretation within thirty (30) calendar
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Ordinance 2011-16
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days of said interpretation. Failure to file an appeal within the time periods 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 appellate review and proceedings. The city commission
shall decide said appeal within thirty (30) days of the city's receipt of said notice of appeal and the
city commission's decision shall be final. Except for the mandatory time periods required for the
notice of appeal, the time periods required for a decision may be extended by mutual agreement
between the city and the person filing the notice of appeal.
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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 arborist 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 mitigation of any
other damage to the property, as well as tree replacements.
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity of the remaining portions of this
Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance 2011 -16
Page 9 of 10
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 27th day of February, 2012.
"V% — S LAC
ATTE ,T
1 4. Addl.
1 '. 'j'7 151 NZO- LUACES
C ty Clerk
APPROV AS TO LEGAL FORM AND SUFFICIENCY
FOR Y OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
City of Winter Springs
Ordinance 2011-16
Page 10 of 10