1706 ORDINANCE NO. 1706
AN ORDINAN''~ OF THE CITY OF SANFORD, '"'~OR]DA,
REGULATING ~REES WITHIN THE CITY LIMI1S BY
REQUIRING PERMITS FOR REMOVAL OF TREES, PROVIDING
APPLICATION PROCEDURES, EXEMPTIONS AND EXCEPTIONS,
REQUIRING THE PRESERVATION OF TREES DURING
DEVELOPMENT AND CONSTRUCTION, PROVIDING REGULATIONS
PERTAINING TO UTILITY COMPANIES, DEFINING REPLACEMENT
STOCK, PROVIDING AN APPEALS PROCEDURE, PENALTIES,
CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION ONE: The Code of the City of Sanford, Florida
be and the same is hereby amended by the adoption of Chapter
27½ "Trees" to read as follows:
1. Definitions. As used in this Chapter, the
following terms shall mean as indicated below.
a. Buildable area: That portion of a site within
t'he' yard area on which a .structure or improvement's, including
driveways and parking lots, may be erected.
b. City Engineer: The Engineer for the City
of Sanford, or his designee, or anyone acting under his
direction and approval.
c. Developed: That point in time when the building
and site have received final inspections and certificates
of occupancy issued.
d. Drip Line: The vertical line running through
the outermost portion of the tree crown extending to the ground.
e. Single-family lot: An area of land not larger
than five (5) acres in size, developed for and restricted to,
a single-fami!y residence.
f. Tree: Any living self-supporting perennial
plant which has a trunk diameter of a least six (6) inches
measures three (3) feet above grade (at the base ef the tree)
and normally grows to a minimum overall height of fifteen
feet.
g. Trees planted for harvest: All trees which have
been planted, or shall be planted, with the bona fide intentien
at the time of said planting to commercially harvest said trees
in the future. Said trees shall include, by way of illustration
and limitation, Christmas trees, slash pines, and pulpwood.
h. Yard Area: An open space on the same lot with
a building, said space being unoccupied and unobstructed from
the ground upward, with .the exception of trees and other natural
vegetation.
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.2. Scope: The terms and provisions of this Chapter
shall apply to all real property, public and private, without
exception", 'lying within the Municipal Boundaries of the City.
3. Permit Required: No person shall, directly, or
indirectly, 'cut down, destroy, remove or move, or effectively
destroy through damaging, or authorize the cutting down, des-
troying, removing, or moving, or damaging of any living trees
~ situated on property within the City without a permit having
i first been'obtained.
4. Permit Application and Procedures: The following
procedures shall be followed and shall govern the granting of all
· . .p6rmits pursuant to this Chapter.
a. Application. Permits for removal, relocation,
alteration, or replacement of trees covered herein shall be
obtained by making application in a form prescribed by the City
Commission to the following appropriate public bodies:
1. In the case of a subdivision develepment,
the application for (conceptual plan ) approval shall address
tree removal and preservation. The City Commission shall have
final authority over the approva~ or denial of applications for
permits in such instances. Staff evaluation of the approp-
lateness of the application will be included in their recom-
mendation to the City Commission, and approval of the final plan
shall constitute approval to issue the arbor permit.
2. In the case of any development which
requires site plan approval by the Planning Board or the City
Commission or both, permits for alteration, removal, relocation,
or replacement of trees covered herein shall be obtained by
i~ clearly addressing the requirements at the time of site plan
i!submittal. Staff evaluation of the appropriateness of the
.~ application will be included in their recommenda.tion to the
Planning Board, and approval of the site plan shall constitute
approval to issue the arbor permit.
3. In all cases other than those described
(1) and (2) above, permits for alteration, removal, relocation,
or replacement of trees covered herein shall be obtained by
making appli'cation to the City Engineer.
b. Submittals. All applications shall be accom-
panied by such permit fee as shall, from time to time, be
established by duly adopted resolution of the City Commissien.
Each application for a permit to alter, remove, relocate, or
replace trees covered herein shall be accompanied by a written
statement indicating the reasons for the requested action and
-tw,o (2) copies of a legible site plan drawn to the largest
practicable scale indicating the following:
1. Location of all existing or proposed
structures, improvements, and site uses, properly dimensione.d in
reference to property lines, setback, and yard requirements in
spatial relationship;
2. Proposed changes, if any, in site
elevations, grades and major contours;
3. Locations of existing or proposed utility
services;
4. Location of all trees which are a minimum
of 8~>~ (6) inches in diameter measured three (3) feet above ~he~
ground on the site within thirty (30) feet of the buildable area,!
designating the trees to be retained, altered, removed, reloca~ed:
or replaced. Small. er trees to be retained may also be shewn by
the applicant to assist the City Engineer in determining replace-
ment requirements. Groups of trees in close proximity may be
designated as "clumps" of trees with the estimated number and
type of trees noted. Only those trees to be removed, altered,
relocated, or replaced must be named (common or botanical name)
on the site plan;
5. Tree information required above shall be
summarized in legend form on the plan and shall include the
reason for the proposed alteration, removal, relocation or
replacement;
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6. Applications involving developed properties:
may be based on drawings showing only that portion of the site
directly involved and adjacent structures and landscaping on
natural growth incidental thereto; and
7. For trees that are to be saved or retained~.
each application should contain a statement of how these tree
areas are to be protected during construction and landscape
operations.
c. Application Review. Upon receipt of proper
application, the City Engineer shall review said application,
which may include a field check of the site and referral of the
~pblication for recommendations to other appropriate admin-
istrative departments or agencies.
5. Permits for Removal.
a. Issuance. No permit shall be issued for tree
removal unless one (1) of the following conditions exists:
1. The tree is located in a buildable area,
yard area, or street right-of-way where a structure or improve-
ment is to be placed and for which a permit application has been
filed, and it unreasonably restricts the permitted use of the
property; or
2. The tree is diseased, injured, in danger
of falling, too close to existing or proposed structures so as to
endanger such'.structures, interferes with utility services, or
creates unsafe vision clearance.
b. Relocation or Replacement. As a condition of
the granting of a permit, the applicant may be required to re-
locate the trees being removed or required to replace the trees
being removed with suitable replacement trees, on up to a two-
for-one basis if the replacement trees are smaller than the tree
being removed, somewhere within the site. In determining the
required relocation or replacement of trees, the City Engineer
shall consider the needs of the intended use of the property
together with a realistic evaluation of the following:
1. Existing tree coverage;
2. Number of trees to be removed on the
entire property;
3. Area to be covered with structures, park-
ing, and driveways;
4. Topography and drainage of the site and
its environs;
5. Character of the site and its environs;
6. Ecology of the site; and
7. Characteristics and amount of shrubs,
grass, and trees proposed for planting on the site by the appli-
.cant.
c. Permit Form. Permits shall be issued in such
form as may be prescribed by the City Engineer and may set forth
in detail the conditions upon which the permit is granted. One
(1) permit may cover several trees or groups of trees as tong as
the same can be clearly identified thereon provided, however, no
permit may be issued for more than one (7) parcel or area of land:
unless said parcels or areas of land shall be contiguous to one
another.
.6 Exceptions and Exemptions.
a. In the event that any tree shall endanger
health or safety and require immediate removal without delay,
such as, but not limited to, the cutting of emergency fire lanes
by fire-fighting units, verbal authorization may be given by the
City Engineer and the tree removed without obtaining a written
permit as herein required. Such verbal authorization shall later
be confirmed in writing by the City Engineer.
b. The following types of trees shall be exempt
from the terms and provisions of this Chapter:
1 Ear Trees (Enterolobium Cyclocarpum);
2 Cajeput Tree (Melaleuca leucadendra);
3 American Mulberry (Morus rubra);
4 Chinaberry (Melia azedarach);
5 Black Cherry (Prunus serotin~);
6 Containerized trees and nursery stock trees
grown for resale.
c. In the case of emergencies such as hurricane,
windstorm, flood, freeze, or other disasters, the requirements of
this Chapter may be waived by the City Manager. At the earliest
possible meeting of the City Commission, the City Manager shall
set forth in detail those findings establishing that such waiver
is necessary so that public or private work to restore order in
the City willnot be impeded. Said waiver must be for a time
c'ertain and may not be for an indefinite period.
7. Tree Preservation During Development and
Construction'.'
a. During construction, protective barriers shall
be placed, as necessary, to prevent the destruction or damaging
of trees. Trees destroyed or receiving major damage must be
replaced before occupancy or use unless approval for their
removal has been granted under permit.
b. All trees not designated for removal may be
required by the terms of the permit to be protected by barrier
zones erected prior to construction of any structures, roads,
utility service, or other improvements, and may be required by
the terms of the permit to comply with the following if deter-
mined to be necessary by the City Engineer.
1. Protective posts (two (2) inches by four (4)
inches or larger wooden post, two (2) inches outer diameter or
larger galvanized pipe, or other post material or equivalent size
and strength shall be implanted deep enough in the ground to be
stable and with a least three (3) feet of the post visible above
the ground.
2. Posts shall be placed at points not closer
than the drip line of the protected tree, with the posts being
i further than six (6) feet apart, except that access may be allowed
within this line as specified on site plans, but in no case, shal
accesss be permitted closer than five (5) feet to the trunk.
3. All protective posts shall be linked together
(fencing at least three (3) feet high, two (2) courses of rope
not less than one-half (½) inch in diameter or a chain of com-
parable size, or other material of equivalent visibility). Each
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. section shall be clea~ly flagged with yellow plastic tapes'or
.i other markers.
~ 4. No grade changes all be made within the
protective barrier zones, without prior approval of the City
Engineer. Where roots greater than one (1) inch diameter are
exposed, they shall be cut cleanly and painted with an emulsi-
fiable asphalt.
5. ProteCtive barrier zones shall remain in
place and intact until such time as landscape operations begin
or construction is complete, whichever occurs first.
6. Landscape preparation in the protective
area shall be limited to shallow discing of the area.
c. No building materials, machinery or temporary
soil deposits shall be placed within protective barrier zones
defined in subsection (b) above.
d. No attachments or wires other than those of
a protective or nondamaging nature shall be attached to any ~ree
e. The City Engineer may conduct periodic
inspections of the site before work begins and during clearing,
construction'and post-construction phases of development in order
to insure compliance with these regulations and the intent of
this Chapter.
8. Regulations Pertaining to Utility Companies.
Whenever any electric, water, telephone or other public utility
firm or corporation wishes to extend, maintain or relocate
service sucb'that any tree on an unimproved lot or tract will be
removed, they shall make application for a permit to do so. Any
public utility wishing to prune trees on a right-of-way shall
notify the City Engineer in writing in advance of the time and
place those pruning activities will take place. The City
Engineer shall supervise these activities as necessary and shall
have the authority to regulate or halt such pruning when these
actions are deemed detrimental to the trees or beyond that
needed to insure continued utility service.
g. Replacement Stock.
a. In all cases wherein this Chapter shall req-
uire replacement of any tree removed, said replacement shall be
made with "replacement stock". Replacement stock is hereby
defined as any immature tree, other than palm trees, with a
minimum diameter of two (2) inches at ground leve'l and having a
height of at least four (4) feet. Survival of replacement stock
will be guaranteed until said replacement stock shall meet the
definition ~f atree as defined in Section 1-1 of this Chapter.
Trees listed in Section 1-6 , subsection (b) of this Chapter
shall not qualify as replacement stock.
b. The following tree replacement species are
suggested and were selected from the viewpoint of hardiness,
disease and pest resistance, availability, and size variance.
is not the intent to limit acceptable species, except as set
forth in subsection (C),but rather to provide adequate guidelines
in the selection of replacements. All replacement trees must be
approved in advance by the City Engineer, except for the follow-
ing trees which may be used as replacement stock without prior
approval;
1. Loquat (Eriobotrya japonica)i
2. Pine (Pinus species);
3. Live Oak (Quercus virginiana);
4o Laurel Oak (Quercus laurifolia);
5. Water Oak (Quercus nigra);
6. Red Maple (Acer rubum);
7. Sweet Gum (Liquidambar styraciflua);
8. Sycamore (Platanus occidentalis);
9. Tulip Tree ( Liriodendron tulipfera);
10. Golden Rain Tree (Koelreuteria formosana)
11. Rosewood (Dalbergia sissoo');
12. Campor (Cinnamomum camphora);
13. Bald Cypress (Taxodium distichum);
14. Slash Pine (Pinus elliotti);
15. Silk Oak (Grevillea robusta;
16. Citrus (Citrus spp.);
17. Southern Magnolia (Magnolia grandifloral)
18. American Holly (Ilex opaca)
19. Dahoon Holly(Ilex cassine);
20. Bottlebrush (Callistemon spp.);
21. Podocarpus (Podocarpus species);
22. Cherry Laurel (Prunus caroliniana);
23. Southern Red Cedar (Juniperus silicicola)
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24. Crape Myrtle (Lag~rstroemia indica);
25. Black Cherry (Prunus serotina);
26. Chinese Tallow Tree (Sapium sebiferum);
27. Flowering Dogwood (Cornus'florida);
28. Redbud (Cercis canadensis);
29. Chickasaw Plum (Prunus angustifolia);
30. Jerusalem Thorn ( Parkinsonia aculeata);
31. Mimosa (Albizzia julibrissin);
32. Swamp Tupelo (Nyssa sylvatica biflora)
33. Coast Pignut Hickory ( Carya glabra
megacarpa);
34 Pecan ( Carya illinoensis);
35 Weeping Willow (salis spp.);
36 Fringe Tree (Chionanthus virginica);
37 Oak (Quercus species);
38 Loblolly Bay (Gordonia lasianthus);
39 Silver Dollar Tree (Eucalyptus cinerea;
40 Cama Eucalyptus ( Eucalyptus camaldulensis
41 Monkey Puzzle Tree (Araucaria bidwillii);
42 Glossy Privet (Li. gustrum lucidum);
43 Sweet Viburnum (Viburnum odoratissium);
44 Yew Podocarpus (Podocarpus macrpphylla) &
45 Nagi (Podocarpus nagi)
c. The following trees may not be used as replace
ment stock within twenty (20) feet of any arterial road as def-
ined in the City Subdivision Regulations:
1. Silk Oak (Grevillea robusta);
2. Jacaranda (Jacaranda acutifolia);
3. Australian Pine (Casuarina species);
4. Eucalyptus Robusta (Eucalyptus robusta).
~0. Appeals Procedure. Any person adversely affected
by a decision of any City Official or employee in the enforce-
ment or interpretation of this article, may appeal such decision
to the City Manager of the City of Sanford who may affirm,rev-
erse, or modify the decision. Any decision of the City Manager
is subject to review by the City Commission, of the City of
Sanford.
11. ,i,ffect of Violations. No ~,jldling permits shall
be issued'on lands where violations of this Chapter are deter-
mined to exist, until such time as appropriate remedial action
is agreed to by the City and completed by the owner of the land.
A Certificate of Occupancy shall not be issued for any const-
ruction until all applicable remedies have been accomplished.
Additional violations of this Chapter shall be punished as pro-
vided in this Code.
SECTION TWO: Severability. If any provisions of this
ordinance or the application thereof to any pers.on or cir-
cumstance is held invalid, the invalidity shall not affect other
provisions or application of the ordinance which can be given
· effect without the invalid provision or application, and to this
end the provisions of this ordinance are declared severable.
SECTION THREE: All ordinances or parts of ordinance in
conflict with this ordinance are hereby amended or repealed so
as to conform with the provisions of this ordinance.
SECTION FOUR: That this ordinance shall become effective
On February 11 , 1985.
PASSED AND ADOPTED THIS llth DAY OF February , A.D., 1985.
ATTE'~T:
WEK/CJ
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CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of San-
ford, Florida, do hereby certify that a true and correct
copy of the foregoing Ordinance No. 1706, PASSED and ADOPTED
by the City Commission of the City of Sanford, Florida, on
the llth day of February, 1985, was POSTED at the front door
of the City Hall in the City of Sanford, Florida, on the
12th day of February, 1985.
~s~~of'~nford, Florida