HomeMy Public PortalAbout211.3 - Families, Parks and Recreation - Parks Division - Tree ProtectionFamilies, Parks and Recreation
Parks Division Section 211.3
211.3 SUBJECT: TREE PROTECTION
:1 OBJECTIVE:
Establish a procedure for administering tree protection permit applications.
:2 AUTHORITY:
This procedure amended by City Council September 15, 2003.
:3 DIRECTION:
Parks Division Manager, as an appointed official, serves at the pleasure of the Mayor
and receives direction through the Families, Parks and Recreation Direction.
:4 METHOD OF OPERATION:
A. General Rules, Application, Fee
Persons desirous of removing a protected tree(s) from any real property shall
make application on the form prescribed herein and pay a non-returnable fee (as
established in City Code Section 65.640) to the Parks & Special Facilities Bureau
Inspector for each acre or fraction thereof of the area to be inspected. Payment of
a permit fee may be by cash or check payable to the City of Orlando. Fees
collected shall be recorded on the Parks Division cash collection report crediting
Revenue Account Number 100 732 5575 225.
Fees as provided for in this paragraph for protected tree(s) are hereby
declared to be necessary for the purpose of processing the application and making
the necessary inspections for administration and enforcement of City Code
Section 65.640, as amended.
The Orlando Utilities Commission is exempt from payment of the application
fee. The Commission is required to submit the application form as provided in
Section 4, paragraph G.
B. Definitions
Comparable Substitute - a tree of equal value to the appraised value of that
tree which is to be destroyed, removed, or is injured. The nationally recognized
evaluation procedure of the International Shade Tree Conference, Inc., shall be
used for all appraisals.
Families, Parks and Recreation Director - the person who serves as the duly
appointed Families, Parks and Recreation Director for the City of Orlando.
Inspector - a person employed by or assigned to the City's Parks Division
and who is trained in forestry.
Parks Division Manager - the person who serves as the duly appointed
Parks Division Manager.
Dead Tree - a woody plant, which the Inspector determines not a living body,
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Families, Parks and Recreation
Parks Division Section 211.3
no longer possessing living tissue, is no longer capable of growing and bears no
evidence of life.
Person - includes any individual, partnership, corporation, association, or
other legal entity, and shall include the plural, as well as the singular.
Public Works Contractor - any person performing improvements under a
contract with a public agency or utility.
Removal – the cutting down of a tree, or the transfer of a protected tree from
one place to another, or the damaging or cutting of a protected tree resulting in no
longer being capable of developing growth. Trees protected under the ordinance
are defined to be any self-supporting woody plant of a species which normally
grows or is capable of growing to an overall height of a minimum of 15 feet in
Central Florida, and having a trunk diameter of not less than four inches (4") as
measured four feet (4') above ground level.
C. Trees Exempt
Trees exempt from the provisions of the ordinance are:
1. Containerized trees and nursery stock trees for resale in licensed
nurseries.
2. Trees determined by the Inspector to be dead. The Inspector shall
provide a written statement in his report that in his opinion the tree
inspected does not meet the requirements of a living tree; such trees will not
require a permit, nor payment of a permit fee.
The Parks Division Manager may issue a notice stating that a tree
exempt under the provisions of this paragraph C may be removed.
D. Criteria for Granting Permit
The criteria for granting a tree removal permit are:
1. Trees which pose a hazard to the safety of pedestrian or vehicular
traffic.
2. Trees which pose a hazard to the safety of buildings or public
utilities.
3. Trees which prevent the proper development of a lot, parcel or public
works improvement, or the proper physical use thereof.
4. Diseased trees or trees weakened by age, storm, fire, or other injury
which are a source of hazard to people, buildings or other improvements on
a lot or parcel of land.
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Parks Division Section 211.3
E. Relocation or Replacement of Trees
The Families, Parks and Recreation Director or designee may require, as a
condition for the approval of an application for the removal of a tree(s) within the
required front, rear, or side yard of any real property, that the person either
relocate or replace said tree(s) with comparable substitutes somewhere within the
property lines of said property. Such locations to be approved by the Families,
Parks and Recreation Director or designee.
F. Plot Plan
The Community & Youth Services Director or designee may require, as a
condition for processing the application for the removal of trees, two copies of a
plot plan. The plot plans will show, in addition to existing code requirements, all
trees four inches (4") or more in trunk diameter measured four feet (4') above
ground level identified by size and species; designation of each such tree
considered diseased or hazardous to pavement or utilities; designation of trees
proposed to be removed, retained, and replaced; and proposed grade changes
which may adversely affect such trees with proposals of how to preserve and
retain the trees in a manner or form prescribed by City Code Section 60.216, as
amended. The plot plans will be forwarded to the Parks Division for inspection
purposes.
G. Application and Permit Issuance Procedure
Tree Removal Permit Application Form may be obtained at the Parks
Division office or on the City’s web page at cityoforlando.net.
A tree removal permit may be obtained by, or in relation to, the processing
of:
Residential, public works contractor or utility firm application
Building permit application
Developer's agreement
Plans for paving of off-street parking and other vehicular use areas
Subdivision application
Annexation petition
1. Application - Inspection Permit Form
Inspection Permit Form shall be used when application is made for a
tree removal permit. The form shall serve as a combined application,
inspection report and permit form.
The form shall be composed of a set of two sheets, each set
numbered and colored as follows:
1st copy (White) Applicant's copy
2nd copy (Canary) Parks Division Inspector's copy
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Parks Division Section 211.3
2. Residential or Utility Firm Application
a. Procedure for On-Site Inspection
When an owner desires the removal of a protected tree(s)
where building construction requiring a building permit is not
contemplated, or where a utility company other than OUC determines
a protected tree interferes with its service and desires to remove the
tree(s), the request may be made in person or by phone to the Parks
Division. All calls or contacts in reference to a tree inspection shall
be directed to a Parks Division Inspector.
Payment of a permit fee shall be made as prescribed in
Section :4, paragraph A, page l of this procedure.
Parks Division Inspectors are empowered to complete on-
site the application form, inspect the tree(s), accept and receipt for the
fee applicable and issue the permit, accounting for such fees without
delay to the Division’s cashier.
b. Inspection performed for City Departments/Division
including the Families, Parks and Recreation Department.
Any protected tree which a City Department/Division
requests to be removed shall be inspected without fee assessment by
the Inspector. Inspection Permit Form shall be completed the same as
provided in the foregoing paragraph 2(a). The Inspector shall note at
the bottom of the form the word EXEMPT with the name of the
requesting Department/Division in the space provided.
(Example)
Fee Exempt
Streets & Drainage Division
3. Building Construction.
When a tree is to be removed for building construction activities, a
tree removal permit shall be applied for simultaneously when application is
made for a building permit. All sets of plans submitted to the Code
Enforcement Division shall state the following: "The building construction
proposed herein ___ will or ___ will not (check one applicable) require the
removal or damage of any tree(s) protected by City Code Section 60.211, as
amended; no trees have been removed due to anticipated construction prior
to the submission of these plans to the Code Enforcement Division without
due compliance with City Code Section 60.211."
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Community & Youth Services Department
Parks & Special Facilities Bureau Section 220.1
Owner or Authorized
Representative
When the above signed statement indicates the proposed removal of
protected trees, a Tree Removal Permit application and a plot plan as set
forth in Section :4, paragraph F, page 3, of this procedure shall be submitted
to the Parks Division Inspector.
The Parks Division Inspector shall collect the fee as prescribed in
Section :4, paragraph A, page 1, of this procedure. The Code Enforcement
Division shall not approve a building permit application until the Parks
Division approved permit is attached to the building permit application.
The Engineering Division, in reviewing the permit application, shall
insure that the application is reviewed by the Parks Division when removal
of a tree(s) is proposed. The Parks Division shall be responsible for the
speedy processing of applications.
4. Construction Other Than Buildings or Structures
Permit application for construction other than buildings are the
responsibility of the City Engineer. All sets of plans submitted to the City
Engineer shall state the following: "The construction proposed herein ___
will ___ will not (check one applicable) require the removal or damage of
any tree(s) protected by City Code Section 60.211 as amended."
Owner or Authorized Representative
In reviewing permit applications and inspecting such projects, the
Engineering Division shall determine if a protected tree(s) appears to be
endangered. In such instances a Tree Removal Permit Application form
shall be submitted to the Parks Division Inspector. If the Parks Division
Inspector deems it necessary, the applicant will also submit a plot plan as
set forth in Section :4, paragraph F, page 3, of this procedure. Payment of
permit fee shall be made as prescribed in Section :4, paragraph A, page 1, of
this procedure. The City Engineer shall not issue the site construction
permit until the Parks Division Inspector has completed his inspection and
has issued a tree removal permit.
5. Annexation
Developer's Agreement - The Planning and Development Department
shall ensure that a standard clause is inserted in all "Subdivision Check
Lists and Developer's Agreement," stating that the developer shall comply
with all provisions of the City of Orlando's Code, Section 60.210 as
amended.
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Community & Youth Services Department
Parks & Special Facilities Bureau Section 220.1
The Planning & Development Department shall forward a copy of
each annexation or proposed subdivision petition to the Engineering
Division. The petition shall show the following statement: "The
construction proposed in this ___ will or ___ will not (check one
applicable) require the removal or damage of any tree(s) protected by City
Code Section 60.211 as amended."
Owner or Authorized Representative
An aerial photograph of the area to be annexed or subdivided or a
plot plan as required in Section :4, paragraph F, page 3, of this procedure,
will be furnished by the petitioner when required by the City, and will
become a part of the proposed copy sent to the City Engineer.
The City Engineer shall be responsible for checking each proposal for
annexation and subdivision of property and require that such proposal
include an application for a permit for tree removal should the plans provide
for the removal of protected trees.
The fee for tree removal issued as a part of an annexation and
subdivision proposal shall be paid to the Parks Division in accordance with
Section :4, paragraph A, page 1, of this procedure.
6. Land Development Project
Persons developing land shall submit with the application for land
development a plot plan in accordance with Section :4, paragraph F, page 3,
of this procedure.
The plot plan shall be retained in the Parks Division and used as a
guide when an application is received for a permit to construct any building
or other improvements in the proposed subdivision.
H. Orlando Utilities Commission
A permit, as provided by the provisions of this procedure, is required when
removal of protected trees located on property other than private property
easement becomes necessary because of their hazard to the safety of public
utilities. The OUC is exempt from the payment of any permit fee.
I. Right of Appeal
Persons who believes that they are adversely affected by a decision of the
Families, Parks and Recreation Director in the enforcement or interpretation of
City Code Section 60.210 as amended, may appeal by filing a written notice of
appeal to the City Clerk within ten (10) days after receipt of such written decision.
The City Clerk will schedule a hearing and notify the parties involved. At such
hearing the applicant may present to the City Council facts in support of his
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Community & Youth Services Department
Parks & Special Facilities Bureau Section 220.1
position.
J. Permit Validity
A tree removal permit issued in relation to a building permit, developers
agreement, site construction permit, subdivision application, or annexation
petition, shall be for the period of that document's validity.
A tree removal permit issued for any other reason becomes void 90 days after
the issue date unless extended by the Families, Parks and Recreation Director, or
designee. If the Families, Parks and Recreation Director or designee determines
that City Code 60.200 as amended, or this procedure are violated with relationship
to an issued tree removal permit, the permit may be revoked or suspended
immediately.
:5 FORMS:
Application and permit tree removal.
:6 COMMITTEE RESPONSIBILITIES:
None.
:7 REFERENCE:
City Code Section 43.60, amended December 26, l972, Documentary #l0929; City
Code Section 35A.09 amended November 13, 1972, Documentary #10838. Procedure
approved April 9, 1973, Item 40; amended January 7, 1974, Item 23; amended July 14,
1975, Item 34. Reviewed and found current October 10, 1977, Item 10; amended
August 20, 1979, Item 14, amended April 19, 1993, Item VV; amended September 15,
2003.
:8 EFFECTIVE DATE:
This procedure effective September 15, 2003.
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