Ordinance 09-1894 ORDINANCE N0.09-1894
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
AMENDING THE LONGWOOD DEVELOPMENT CODIE,
ARTICLE III SECTION 3.5..`i; PROVIDING FOR CONFLICTS,
CODIFICATION, SEVERABII.ITV AND EFFECTIVE DATE.
WHEREAS, on May 6, 2002, the City Commission of the City of Longwood
enacted the Longwood Development Code (Ordinance 02-1:599), as was amended from
time to time, pursuant to the requirements of Chapter 163.3202, and Chapter 166.041,
Florida Statutes; and
WHEREAS, the protection and. presrrvation of trees on public and private
property within the City is not only desirable: for aesthetic value, but essential to the
present and future health,, safety, and well:are of its citizens; and
WHEREAS, trees are a valuable property asset that can benefit an area
economically; and
WHEREAS, a tree protection ordinance is necessary in order to promote
community welfare through regulation e~f the removal and destniction of trees prior to
and during construction and occupancy; and
WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land
Planning Agency to review proposed land development regulations, or amendments
thereto, for consistency with the adopted :Plan, <<s may be amended; and
WHEREAS, the Land Planning E~genc.y (LPA) held a public hearing on May 13,
2009 to consider the amendment of they Lon€;wood Development Code; made certain
f ndings of fact regarding said amendments, determined the proposed changes are
consistent .and recommended the proposed ordinance be enacted by the City Commission; '
Ord. 09-1.894
. LDGA 02-09
:Page 1 of 11
NOW, THEREFORE BE IT CIRDAINED BY THE CITY COMMISSION
OF ThIE CITY OF LONGWOC?D, FIARIDA, AS FOLLOWS:
3.5.5 Tree Protection Standards
A. Applicability
Trees protected under this SE~ction are those with a trunk diameter
. of three (3) inches DBH (diameter at breast height) or more.
B. Tree Removal Permit
A permit shall be required! for the removal, replacement, or
alteration of trees not otherwise exempted from the provisions of
this Section. Alteration includes damaging, topping., root pruning,
cutting, hatracking, pe~isonirig, or grade change that can be
expected to adversely affect the health of protected trees and
vegetation. Ordinary nnaintE~nance such as seasonal pruning or
customary care shall Holt require a permit.
C. Tree permit requiremeints
. ~ 1. All .tree removal permit applications shall be filed with the
Administrator, whether or not a site plan or other
development apK~roval is required. Review and approval
shall be accordinc~ to the procedures in Section 10.1.4.
2. The following information depicted on a tree survey shall be
submitted with the application
a. Location and iolentification of all trees (using either
common oar botanical name)., designating trees to be
retained, altere~~, removed, relocated, or replaced.
Groups of trees in close proximity may be designated
as "clumps" or `'dense tree cover" with the estimated
number and type(s) of trees noted. Only those trees
to be removed, relocated, or replaced must be named
on the treE; survey or site plan.. The tree survey may
show only that portion of the site directly involved or
affected by the tree removal.
b. Location of all existing and proposed structures,
improvements, or uses of the site.
Ord. 09-1894
LDCA 02-09
Page 2 of l l
c. Proposed changes, if any, in site elevations, grades
and major contours.
d. Location oaf existing or proposed utilities.
e. Location of irrigation system, or drawing notes to
indicalre method of maintenance.
3. If any approvals have previously been provided for the site,
such as a site plan, development order, variance, or plat,
evidence of such approval shall be provided. .
4. The applicant shall flag all trees fo remain on a site in a
manner sufficient to allow field verification of the tree survey
and in such a manner that does not damage the tree.
5. A copy of the tree rernoval permit shall be posted on site
during construction and tree removal activities.
D. Criteria for approval of tree permits
1. Approval for' tree rernoval shall only be ,granted on a
~ developed lot or a lot with an application for development
approval whE~re .such tree or trees unreasonably restricts the
otherwise allowable usf~ of the property. .
2. The tree is diseased, injured, endangers existing structures,
interferes witlh the safe provision of utility services, or creates
a hazard to visibility far motorists. The City may provide a
list of an arborists, foresters, landscape architects or other
related profe:>sior~als to~ ascertain the health of trees.
3. Replacement: or relocs~tion of trees approved for removal
shall be required.
a. Where replacerrient trees are allowed., the total of the
inches in diameter of the replacement trees shall be equal to
or greater thian the total. of the inches in diameter of the
removed trees.
b. Replacement trees shall be a size three (3) inches at
DBH or greater. Plana: materials used in conformance with
fhe provisions of this Code shall conform to the Standard for
Florida No. 1 or better .as given in Grades and Standards for
Ord. 09-1894
LDCA 02-09
:Page 3 of l l
Nursery Plants, State of Florida, Department of Agriculture
and Consumer Services, Tallahassee.
c. Fees collected in lieu of replacement shall be placed
in an off-site tree mitigation account. The fees shall be
established by thc~ City Commission.
d. Trees removed illegally without a permit are subject to a
three-to-one replacemE~nt, i.e. three inches replacement for
each one inch removed. The established fee schedule
would apply to this requirement if replacement is not
feasible.
e. Any retained or relocated tree shall be replaced if the tree
dies within one (1) year after final approval.
f. Replacement trees :;hall be of a similar or greater canopy
and shade potential as the tree being replaced.
4. In considering the application for tree permit and a plan for
relocation or replacement of removed trees, the
Administrator may allow a 10% reduction in the otherwise
.required replacement trees (calculated in inches of
diameter), based on thc~ following criteria.
a. Number, species and size of other trees and
vegetation on site. Number, species, size, location
and canopy of e:Kisting trees
b. Impact on :storm~water runoff quantity and quality.
c. Character of the site and its environs.
d. Characteristics and amount of shrubs, grass, trees, or
other vegetation proposed for the site.
E. Approved Trees -The following trees are approved for installation
as replacement trees, installation in required landscaped areas,
and buffers. The City Administrator may also accept requests to
use approved Florida-Friendly Landscaping species for
replacement.
Ord. 09-1894
LDCA 02-09
Page 4 of 11
roved Tree S ecies List
Common Name Botanical Name
American Holly Ilex opaca
Bald C ress wet areas onhl Taxodium distichum
Bracken's Brown Beauty Magnolia grandiflora 'Bracken's Brown
Beaut '
Cathedral Oak Quercus vir iniana `QVT/A'
Chickasaw Plum Prunus an ustifolia
Chinese Elm Ulmus arvifolia
D.D. Blanchard Ma nolia Ma noli randiflora 'D. D. Blanchard'
Devilwood Osmanth'us arnericanus
Drake ;Elm. Ulmus arvifolia sem ervirens `Drake'
East Palatka Roll Ilex attenuata `East Palatka'
Florida Basswood Tilia floridana
Frin a Tree Chionanfhus vir inicus
Hi hrise Oak Quercus vir iniana `SDLN'
Live Oak Quercus vir iniana
Lobloll; Ba wet areas onl Gordonia lasianthus
Palms, 3 count as 1 treed all u ri ht s ecies
Pink Trumpet Tree Tabebuia hetero h lla •
~ Red Ba Persea borbonia
Redbud Cercis Canadensis
Red M'a le Acer rubrum
Schumard Oak (Red C?ak) Quercus shumardii
Southern Ma nola Ma nolia randiflora
Swam' Ba wet area:> onl Persea alustris
Sweet Ba Ma nolia vir iniana
Sweet Gum Li uidambar st raciflua
Sweet viburnum Viburnum odoratissimum
Sycamore (large spaces Platanus occidentalis
required, intrusive root
structure •
Water 'Oak Quercus ni • ra
Other Species for Landsca a and Buffer Material
Camellia Camellia 'a onica
Graceful Bamboo Bambusa textilis racilis
Hetzi Juni er Juni erus Chinesis Hetzii
Lemon Boftlebrush Callistemon citrinus
Podocar us Podacar us macro h llus "Maki"
Southern Red Cedar Juni erus silicicola
Wax Privet ~ Li ustrum ~a onicum
Ord. 09-1894
LDCA 02-09
Page 5 of 11
Wax Privet Recurve Li ustrum "a onicum recurvifolium
Wee in Bottlebrush Callistemon viminalis
F. Credit for retained trees
Healthy trees retained on site and protected pursuant to this
Section shall count toward arn/ required trees for buffers, parking lot
perimeter landscaping, parkirn~ internal landscaping, or other
requirements. Plants on the Prohibited Plant Species List in this .
Section will not be counted for credit.
G. Exemptions
1. Emergency removal due to storm damage as well as
removal by the City from the right-of-way shall not require a
permit.
2. A photo of the damagE~d tree will need to be provided to the
City at the time of a TrE~e Removal Permit application.
3. Single-family dwE~llings are exempt from the tree protection
requirements of this SE~ction and are not required to obtain a
tree removal permit providing the dwelling is owner
occupied.
H. Prohibited plants
The following plant species may be removed without a tree removal
permit and are., therE~fore, exempt from the tree protection
requirements of this Section. These trees are also prohibited and
shall not be installed in any landscaped area or buffer area.
Prohibited Plant S ecies List
Common Name Botanical Name
Acacia ~ Acacia s
Air Potato Vihe Dioscorea bulbifera
American Mulber /Red Mulberry Morus rubra
Australian Pine Casuarina equisetifolia
Brazilian Pe ~ er Tree Schinus terebinthifolius
Ca'e ut or Punk Tree Melaleuca leucdendra
Cam hor Cinnamomum camphors
Castor Bean Ricinus communis
Chinaberr Melia azedarach
Chinese Tallow Sa ium sebiferum
Ear Tree Enterolobium c clocarpum
Ord. 09-i894
LDCA 02-09
Page 6 of 1 I
Eucal tus Eucal tus s
H drills onds/lakes H drills verticillata
Jacaranda Jacaranda acutifolia
Kudz Vine Paeraria lobate
Mimosa Albizia ~ulibrissin
Monke Puzzle Auraucaria imbricate
Pa er Mulberr Broussonetia a rifera
Rice Pa er Plant Tetrapanex pap riferus
Rosewood Dalber is sissoo
Silk Oak Grevillea robusta
Taro Colocasia esculents
Water H acnth onds/lakes EichMornia spp.
I. Maintenance
1. Crown trimming shall k~e limited to removal of less than one-
fourth (1/4) of the tree grown. Hatracking is prohibited.
2. Trees and other vegetation shall be maintained to ensure
that such .trees .and vegetation continue to be viable and
thriving.
J. Protection during construction activities
1. Each retained or installed tree shall be protected during. all
pre-construction and construction activities. The area to be
protected shall e;ctend to the drip line of the tree, but shall
be no less than a six (6) foot radius from the trunk of the
tree. Where trees are located in clusters or groups, the
outermost drip line sFiall be the .area of protection. The
location of tree protection areas shall be depicted on the
required landscape plan. ~ .
Ord. 09-1894
LDCA 02-09
Page 7 of 11
°~~Q ° o°°°°
M in.~..I Install artificial barrier ,
~a~
prior to beginning
construotion activity
I LI LI--IT
_ V
o ~ / New im pervious surfaces
°P°~e '`fir°°oo°° shall only be allowed
within the outer 1 0
C i.
.Q, 1 of the existing tree drip
of I line ra d iu s
li
-J 1 0 'Min . L-
underground Utilities shall
be allowed only within the .
outer 10% of the existing
tree drip line ra d iu s
2. All development activities, including construction, grading,
paving, compactiion, trenching, installation of stormwater
retention ponds, or the like shall be~ prohibited. Any existing .
brush and weeds to b~~ removed inside the tree protection
barrier shall be removed with hand tools only.
3. Wooden barriers shall be erected around all protected trees
or other vegetation during the period of construction activity.
4. Barriers shall be constructed of upright posts and railings
constructed of lumber at least two (2) inches by four (4)
. inches in cross-s~ectior~ marked by ribbon., flags, or other
easily visible connecting material, and shall extend to or
beyond the drip line oi` all protected trees on the property.
Reference "Tree Proltection Manual for Builders and
Developers" from the Florida Department of Agricultural and
Ord. 09-1894
LDCA 02-09
. Page 8 of 11
• 1 ~ - - ~
Consumer Services, Division of Forestry, for additional
~ guidance on methods e?f tree protection during construction.
5. Na excess soil or additional fill, building materials, or debris
shall be placed within ~~rotective barriers.
6. Noy tractors or heavy machinery shall be allowed to work,
park, or locate within b<~rrier areas.
7. No. attachments or wires, other than protective guy wires,
shall be attached to piny trees or shrubs within protective
barriers.
8. Installation of artificial barriers such as protective barricades,.
fences, posts, or walls shall not destroy or irreversibly harm
the, root systems of protected trees. Footers for walls shall
end at the point where larger roots are encountered, and the
roots shall be briclged. Postholes and trenches located close
to protected trees shall be adjusted to avoid. damage to
major roots.
. 9. Construction activity, including underground utilities and new
impervious surfaces, shall be allowed only with the outer ten
~ percent (10%) of an existing tree drip line radius. In no case
shall construction activity occur closer than ten (10) feet from
the' center of the trunk of existing trees to be preserved.
K. Planting Requirements
1. Tree .species witk~ a hE~ight greater than 20 feet at maturity
shall not be planted u~~ithin a utility easement when power
lines lie directly overhead.
2. No tree shall be plantf~d within 10 feet of a fire hydrant or
utility pole, within 15 feet of a driveway apron, within 20 feet
of a traffic sign, or within 25 feet of an intersection in order to
ensure adequate visibility. .Should this requirement severely
limit the location of trees on the property, the City
Administrator may adju:~t these specifications. .
L. Off-Site Tree Mitigation Account
Ord. 09-1894
LDCA 02-09
Page 9 of 11
1. There is hereby creatE~d an off-site tree mitigation account.
All funds collected as tree replacement fees shall be
administered by the Cii~:y Administrator or designee.
2. .Disbursements from tf~e tree replacement account shall be
made only for the following purposes:
a. Purchasing treE~s for planning and any associated
costs in accordance with the city's. tree planting
' program; or
b. Protection of trees and enforcement of this ordinance.
3. Fees for the off-;>ite tr~se mitigation account are established
. ~ by the City Commission in the schedule of fees.
4. Fees for the off-site tree mitigation account shall be reviewed
annually by the City Commission to reflect the cost of lining
adjustments andlor m~lrket conditions and may be modified
by approval of the City Commission. In establishing fees,
the City shall consider the cost of material., labor,
transportation, planting, watering.,. and mortality rate of
replacement trees.
~ 5. Trees authorized for off-site mitigation shall be planted in
City-owned properties and parks, City rights of way, and
preservation and conservationareas owned by the City. The
City may also plant trees within the medians and rights of
wavy of State and ~~ounty roads where an interlocal
agreement authorizes :such plantings.
6. ~ Fees for off-site imitiga:tion shall be paid to the City prior to
the issuance of any tree removal permit or building permit for
new construction with an approved site plan or plat,
M. Establishment of a Tree Preservation Board
1. The City Commission may establish a tree preservation
board by resolufion.
2. Should the City Commission choose to designate the
members of 'an existing board or agency as the Tree
Preservation Board, the terms of office of the Tree
Preservation Board will be concurrent with those of the
existing board.
O rd. 09-1894
' LDCA 02-09
. Page l0 of 11
3. It shall be the responsibility of the Board to develop and/or
maintain a wriitten lolan for the maintenance of trees,
placement of trE:es, ~~nd will provide recommendations for
programs related to the City's off-site tree mitigation account.
4. The tree preservation board may periodically conduct
educational programs and/or publish educational material as
to the importance of i:rees to the City of Longwood and the
requirements of phis section.
SECTION 4:i All Ordinances, or parts thereof' in conflict herewith, be and the same are
hereby repealed.
SECTION 5:i The provisions of this Ordinan~~e are declared to be separable and if any
section, paragraph, sentence or word of thin Ordinance or the application thereto any
person or circumstance is held invalid, that invalidity shall not effect other sections or
words or applications of this Ordinance.
SECTION 6:.This Ordinance shall take effect immediately upon its adoption.
FIRST READING eTi,ttn~ l Zoo'
SECOND READING: ~
~ v1 e (5' Z C>~
PASSED AND ADOPTED THIS ~~A~t OF ~'~t c't , 2009
-f ,
Ha ~ od G. Bundy, .Ir., ayor
ATTEST:
Sarah M. Minus, MMC MBA, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood,
Florida only.
C ~
_
Teresa S. Roper, City Attorney
Ord. 09-1894
LDCA 02-09
Page 11 of 11