§ 58-283. Establishing duties and authority.

(a)

Parks and recreation department. The parks and recreation department is delegated the following authority:

(1)

To jointly work with the building and code enforcement department in administering the provisions of this division including, but not limited to, technical and advisory support.

(2)

To waive or modify all or some of the requirements of this division in the case of a hurricane, tornado, severe rainstorm or other emergency.

(3)

To regulate and supervise trimming or removal of trees in the public right-of-ways and on city property. (See sections 58-297—58-299)

(b)

Building and code enforcement department. The building and code enforcement department is delegated the following authority:

(1)

To require that a tree removal permit be obtained with, building, demolition, site development, foundation work, and other construction activity permits, where removal of a protected tree is requested.

(2)

To process and evaluate tree removal permit applications for compliance with this division.

(3)

To place conditions on the issuance of construction, demolition or other land development permits when recommended as a condition of a tree removal permit approval by the tree preservation board, planning and zoning board or the city commission.

(4)

To require certain site plan criteria and photographic documentation be included with issuance of a building permit must include an accurate site plan and clear photograph(s) of existing tree(s) on site in accordance with subsection 58-286(b)(1)d.

(5)

To issue a stop work order at a site if unauthorized tree work is occurring.

(6)

To require immediate removal of any protected tree that is determined to be dead or beyond recovery or hazardous and to allow the arborist code enforcement officer to determine compensation if any.

(7)

To grant a building setback encroachment up to a maximum distance of ten feet into a required setback area in order to preserve a protected tree based on the need for the relocation of the proposed building or addition to accomplish tree preservation and as approved by the building and code enforcement official. The city shall require a letter of approval from the affected abutting property owner(s) as a condition of approving the setback encroachment. Criteria for granting a variance as listed in section 58-88 of this Code shall also be considered when reviewing the proposed setback encroachment.

(c)

Planning and zoning board and city commission. Any protected trees approved for removal or protection by the planning and zoning board or city commission shall not subsequently need approval from the city or the tree preservation board except for the administrative processing of a permit to verify approval by the respective board or commission. Prior to granting any tree removal request on appeal or otherwise, if the tree preservation board rendered any decision with regard to tree removal or protection on a property that later comes before the planning and zoning board or city commission, then that decision and related information of that decision shall be transmitted in writing to the respective commission.

(d)

Tree preservation board.

(1)

The tree preservation board is appointed by the city commission and will consist of seven members and one alternate, with one member each from the planning and zoning board, the board of adjustments, the parks and recreation board; and four citizens at large. All board members appointed by the city commission must be residents of the City of Winter Park. The director of parks and recreation and the building/code enforcement director shall serve as ex officio members. Members from the respective three boards shall be chosen by those boards.

(2)

The term of each member shall be as provided in section 2-48, and the provisions in sections 2-46 through 2-49, and section 2-68 are incorporated herein by reference and shall control the operation and procedures for this board.

(3)

Applicants for tree removal permits may appeal to the tree preservation board any denial of an application or any of the conditions attached to the approval of a tree removal permit as outlined in this division prior to any protected tree removal. The tree preservation board may affirm, reverse, or modify the decision of the director of parks and recreation or building and code enforcement department to deny an application or conditions of the permit application.

(4)

The tree preservation board may recommend the modification of building plans and/or that the applicant petitions the board of adjustments for a variance in order to preserve protected trees, as long as the modification does not result in a violation of applicable zoning, or building codes, except as provided for in subsection 58-283(c).

(5)

The tree preservation board may hear and decide appeals of tree removal applications denied and/or appeals of conditions of approval for approved tree removal permits.

(6)

The tree preservation board may waive up to a maximum of five parking spaces in multi-family residential and nonresidential parking lots for the purposes of preserving existing protected trees.

(7)

The tree preservation board may periodically conduct educational programs and/or publish educational material as to the importance of trees to the City of Winter Park and the requirements of this division.

(Ord. No. 2724-07, § 1, 10-8-07; Ord. No. 2843-11, §§ 3.b.A., 3.c.B(1)—(3), 6-13-11; Memo of 2-22-12(Att. 3.c.B(1)—(3)))