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AB Code Supplement 47• SUPPLEMENT NO. 47 October 2021 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 95-21-119, enacted July 12, 2021. See the Code Comparative Table—Ordinances for further information. Remove Old Pages Insert New Pages iii iii ix—xiv ix—xiv Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:3 SH:3 188.11-188.14.1 188.11-188.14.2 188.57-188.60.1 188.57-188.60.1 1107, 1108 1107, 1108 1113, 1114 1113-1114.6 1351-1388 1351-1395 2011, 2012 2011-2013 2155, 2156 2155-2156.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. municode - * - Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316 info@municode.com 800.262.2633 www.municode.com • OFFICIALS of the CITY OF ATLANTIC BEACH, FLORIDA Ellen Glasser Mayor Brittany Norris Mayor Pro Tem/Commissioner Bruce Bole Candace Kelly Michael L. Waters City Commissioners Brenna Durden Lewis, Longman & Walker, P.A. City Attorney Shane Corbin City Manager Donna L. Bartle City Clerk Supp. No. 47 iii • • TABLE OF CONTENTS Page Officials of the City iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [1] Supplement History Table SH: 1 PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 5 Art. II. The Commission 6.1 Art. III. The City Manager 11 Art. IV. The City Clerk 13 Art. V. City Attorney 14 Art. VI. Department of Public Safety 15 Art. VII. Budget 15 Art. VIII. Department of Finance 15 Art. IX. Elections 16 Art. X. Initiative and Referendum 18 Art. XI. Recall Elections 21 Art. XII. Franchises 21 Art. XIII. Tax Administration 22 Art. XIV. Zoning 22 Art. XV. Municipal Borrowing 23 Art. XVI. Suits Against the City 23 Art. XVII. General and Miscellaneous Provisions 23 Art. XVIII. When Act Takes Effect 27 Charter Comparative Table—Special Acts ..... ............. 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 155 Art. I. In General 158.3 Art. II. City Commission 158.4 Art. III. City Manager 162.4 Supp. No. 47 ix ATLANTIC BEACH CODE Chapter Page Art. IV. Departments 162.4 Div. 1. Generally 162.4 Div. 2. Police Department 162.4 Div. 3. Fire Depart,ment 163 Div. 4. Department of Finance 163 Div. 5. Department of Public Works 165 Div. 6. Department of Public Utilities 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Special Magistrate 167 Div. 3. Reserved 172.4 Art. VL Employee Benefits 172.4 Div. 1. Generally 172.4 Div. 2. Old -Age and Survivors Insurance 172.5 Div. 3. General Employees' Retirement System174 Div. 4. Police Officers' Retirement System 188.30 Div. 5. Defined Contribution Plan 188.84 Art. VII. Finance 188.86 Div. 1. Generally 188.86 Div. 2. Purchasing 190 Div. 3. Uniform Travel Policy and Procedure 194 Div. 4. Service and User Charges 198 Art. VIII. Emergency Management 199 Div. 1. Generally 199 Div. 2. Comprehensive Emergency Management Plan 199 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 301 Art. II. Dogs and Cats 315 Art. III. Backyard Hens 320 5. Beaches and Parks 353 Art. I. In General 354.1 Art. II. Beach Safety Zone 355 Art. III. Public Parks 355 Art. IV. Sea Turtle Protection 359 6. Buildings and Building Regulations 407 Art. I. In General 407 Art. II. Building Code 407 Art. III. Electrical Code 418.1 Art. IV. Plumbing Code 418.4 Art. V. Mechanical Code 418.6 Art. VI. Reserved 418.8 Art. VII. Numbering of Buildings 419 Art. VIII. Property Maintenance Code 421 Art. IX. Reserved 422 Art. X. Amusement Device Code 422 Supp. No. 47 • • TABLE OF CONTENTS—Cont'd. Chapter Page 7. Fire Prevention and Protection 469 Art. L In General 469 Art. II. Fire Prevention and Life Safety 469 8. Flood Hazard Areas 521 Art. I. Administration 524.1 Div. 1. General—Applicability—Duties and Powers of the Floodplain Administrator—Permits— Site Plans and Construction Documents— Inspections—Variances and Appeals— Violations 524.1 Subdiv. I. In General 524.1 Subdiv. II. Applicability 524.2 Subdiv. III. Duties and Powers of the Floodplain Administrator 525 Subdiv. IV. Permits e- 528 Subdiv. V. Site Plans and Construction Docu- ments 531 Subdiv. W. Inspections 534 Subdiv. VII. Variances and Appeals 535 Subdiv. VIII. Violations 537 Art. II. Definitions 538 Art. III. Flood Resistant Development 544 Div. 1. Buildings and Structures, Subdivisions, Site Improvements, Manufactured Homes, Recreational Vehicles and Park Trailers, Tanks, Other Development 544 Subdiv. I. Buildings and Structures, Subdivi- sions, Site Improvements 544 Subdiv. II. Manufactured Homes 547 Subdiv. III. Recreational Vehicles and Park Trailers 549 Subdiv. W Tanks 549 Subdiv. V. Other Development 550 9. Human Relations 577 Art. I. In General 579 Art. II. Fair Housing 583 10. Mobile Homes and Recreational Vehicles 631 11. Noise 683 12. Nuisances 735 13. Offenses 787 Art. I. In General 787 Art. II. Minors on Streets and in Public Places 794.2 Art. III. Sexual Offenders and Sexual Predators 797 Art. IV. Convenience Business Security Act 797 14. Planning/Zoning/Appeals 839 Art. I. In General 840.1 Supp. No. 47 xi Chapter ATLANTIC BEACH CODE Art. II. Community Development Board Page 841 15. Police 891 Art. I. In General 891 Art. II. Disposition of Confiscated or Lost Property891 16. Solid Waste and Recycling 943 Art. I. Solid Waste Definitions and Procedures 943 Art. II. Franchise Agreements 952 17. Signs and Advertising Structures 995 Art. I. In General 997 Art. II. Signs Permitted 1003 Art. III. Cause for Removal of Signs, Abandoned Signs and Prohibited Signs 1012 Art. IV. Nonconforming Signs and Variances 1014 Art. V. Sign Permits, Enforcement and Severability 1017 18. Solicitations 1055 19. Streets, Sidewalks and Other Public Places 1107 Art. I. General Provisions 1108.1 Art. II. Utility Placement Within City Rights -of -Way 1114.6 Art. III. Communications Facilities in Public Rights - of -Way 1116 20. Taxation 1157 Art. I. In General 1157 Art. II. Public Service Tax 1157 Div. 1. Generally 1157 Div. 2. Telephone Service 1159 Art. III. Local Business Tax 1160 Art. IV. Insurance Premium Taxes 1178 Art. V. Additional Homestead Exemption 1179 21. Traffic and Motor Vehicles 1221 Art. I. In General 1223 Art. II. Stopping, Standing and Parking on Public Property 1224 Div. 1. Generally 1224 Div. 2. Enforcement 1227 Div. 3. Controlled and Metered Parking 1229 Art. III. Wrecker Service 1230.4 Art. IV. Motor Vehicle Title Loans 1230.5 Art. V. Vehicles for Hire 1233 Art. VI. Unregistered and Inoperable Vehicles 1242 22. Utilities 1275 Art. I. In General 1278.1 Art. II. Waterworks System 1278.3 Art. III. Wastewater System 1284.5 Div. 1. Generally 1284.5 Div. 2. Use of Public Sewers Required 1286 Supp. No. 47 xii • • • e TABLE OF CONTENTS-Cont'd. Chapter Page Div. 3. Private Wastewater Disposal 1288 Div. 4. Building Sewers and Connections 1288.2 Div. 5. Use of Public Sewers 1290 Div. 6. Powers and Authority of Inspectors 1294 Div. 7. Sewer User Rates and Charges 1295 Div. 8. Sewer System Extensions 1299 Art. IV. Stormwater Management 1301 Div. 1. Generally 1301 Div. 2. Rates and Charges 1305 Art. V. Reclaimed Water System 1308 23. Protection of Trees and the Natural Environment ...... 1351 Art. I. In General 1353 Art. II. Language and Defmitions 1354 Art. III. Tree and Vegetation Regulations and Permits 1362 Div. 1. In General 1362 Div. 2. Administration 1363 Div. 3. Permits 1365 Div. 4. General Provisions 1374 Div. 5. Areas of Special Concern 1384 Div. 6. Violations, Enforcement and Penalties 1386 24. Land Development Regulations 1403 Art. I. In General 1409 Art. II. Language and Definitions 1410 Art. III. Zoning Regulations 1444 Div. 1. In General 1444 Div. 2. Administration 1463 Div. 3. Application Procedures 1480 Div. 4. General Provisions and Exceptions ..... 1493 Div. 5. Establishment of Districts 1526 Div. 6. Special Planned Area District (SPA) 1530 Div. 7. Supplementary Regulations 1577 Div. 8. Landscaping 1590 Art. IV. Subdivision and Site Improvement Regula- tions 1590 Div. 1. Generally 1593 Div. 2. Application Procedure 1600 Div. 3. Required Improvements 1601 Div. 4. Assurance for Completion and Maintenance of Improvements 1604 Div. 5. Design and Construction Standards for All Development and Redevelopment 1611 Art. V. Environmental and Natural Resource Regula- tions 1611 Div. 1. Wellhead Protection 1615 Div. 2. Protection of Wetland, Marsh and Waterway Resources 1618 Art. VI. Concurrency Management System 1618 Div. 1. Concurrency Management System 1405 Supp. No. 47 xiii ATLANTIC BEACH CODE Page Code Comparative Table -1970 Code 1983 Code Comparative Table—Ordinances 1987 Code Comparative Table Laws of Florida 2043 Statutory Reference Table 2053 Charter Index 2081 Code Index 2101 Supp, No. 47 XiV • • Checklist of Up -to -Date Pages (This checklist will be updated with the printing ()leach Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 43 23, 24 42 iii 47 25, 26 42 v, vi OC 27, 28 42 vii, viii 1 79 5, Add. ix, x 47 91 46 xi, xii 47 103, 104 OC xiii, xiv 47 105, 106 OC SH:1, SH:2 45 107, 108 13 SH:3 47 155, 156 45 1, 2 42 157, 158 45 3 42 158.1, 158.2 45 5, 6 46 158.3, 158.4 41 6.1 46 159, 160 44 7, 8 42 161, 162 44 9, 10 45 162.1, 162.2 44 11, 12 42 162.2.1, 162.2.2 44 13, 14 42 162.3, 162.4 43 15, 16 42 162.5 43 17, 18 45 163, 164 25 19, 20 42 165, 166 32 21, 22 42 167, 168 45 Supp. No. 47 [1] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 169, 170 45 188.41, 188.42 41 171, 172 45 188.43, 188.44 41 172.1, 172.2 45 188.45, 188.46 41 172.3, 172.4 45 188.47, 188.48 41 172.5 45 188.49, 188.50 41 173, 174 40 188.51, 188.52 41 175, 176 44 188.53, 188.54 41 177, 178 44 188.55, 188.56 44 179, 180 45 188.57, 188.58 47 180.1 45 188.59, 188.60 47 181, 182 44 188.60.1 47 183, 184 44 188.61, 188.62 40 184.1 44 188.63, 188.64 40 185, 186 41 188.65, 188.66 40 187, 188 41 188.67, 188.68 40 188.1, 188.2 41 188.69, 188.70 44 188.3, 188.4 41 188.71, 188.72 44 188.5, 188.6 41 188.73, 188.74 44 188.7, 188.8 44 188.75, 188.76 44 188.9, 188.10 44 188.77, 188.78 44 188.11, 188.12 47 188.79, 188.80 44 188.13, 188.14 47 188.81, 188.82 44 188.14.1, 188.14.2 47 188.83, 188.84 44 188.15, 188.16 40 188.85, 188.86 46 188.17, 188.18 40 188.87 46 188.19, 188.20 40 189, 190 35 188.21, 188.22 44 191, 192 35 188.23, 188.24 44 193, 194 35 188.25, 188.26 44 195, 196 35 188.27, 188.28 44 197, 198 45 188.29, 188.30 44 199, 200 35 188.31, 188.32 44 201, 202 35 188.33, 188.34 45 203 35 188.35, 188.36 45 245, 246 30 188.36.1 45 247, 248 35 188.37, 188.38 44 299, 300 45 188.39, 188.40 41 301, 302 45 188.40.1, 188.40.2 44 303, 304 45 [2] Supp. No. 47 • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 305, 306 45 479, 480 35 306.1, 306.2 45 521, 522 45 307, 308 40 523, 524 45 309, 310 40 524.1, 524.2 45 311, 312 40 524.3 45 313, 314 45 525, 526 40 315, 316 45 527, 528 40 317, 318 45 529, 530 45 319, 320 45 531, 532 40 321, 322 45 533, 534 40 323, 324 45 535, 536 40 353 45 537,538 40 354.1, 354.2 46 539, 540 40 354.3 46 541, 542 40 355,356 38 543,544 40 357, 358 40 545, 546 45 359, 360 45 547, 548 45 361, 362 45 548.1 45 363 45 549,550 40 407, 408 35 551, 552 40 409, 410 38 553 40 410.1, 410.2 36 577 41 411,412 35 579,580 41 413,414 35 581,582 41 415, 416 35 583, 584 41 416.1, 416.2 35 585, 586 41 417, 418 37 631, 632 OC 418.1, 418.2 37 683, 684 24 418.3, 418.4 37 685 24 418.5, 418.6 37 735, 736 35 418.7, 418.8 37 737, 738 36 419, 420 27 787, 788 39 421, 422 45 789, 790 39 469, 470 35 791, 792 39 471, 472 35 793, 794 39 473, 474 45 794.1, 794.2 39 475, 476 35 795, 796 32 477, 478 35 797, 798 38 Supp. No. 47 [3] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 799, 800 45 1114.3, 1114.4 47 839 42 1114.5, 1114.6 47 841, 842 45 1115, 1116 44 843, 844 45 1117, 1118 44 845 45 1119, 1120 44 891, 892 31 1121, 1122 44 943, 944 34 1123, 1124 44 945, 946 35 1125, 1126 44 947, 948 35 1127, 1128 44 949, 950 37 1129, 1130 44 951, 952 37 1131, 1132 44 953, 954 40 1133, 1134 44 955, 956 40 1135, 1136 44 957 40 1137, 1138 44 995, 996 46 1139, 1140 44 997, 998 46 1141, 1142 44 999, 1000 46 1143, 1144 44 1001, 1002 46 1145, 1146 44 1003, 1004 46 1147, 1148 44 1005, 1006 46 1149, 1150 44 1007, 1008 46 1151, 1152 44 1009, 1010 46 1153, 1154 44 1011, 1012 46 1155, 1156 44 1013, 1014 46 1156.1, 1156.2 44 1015, 1016 46 1156.3, 1156.4 44 1017,1018 46 1157,1158 33 1055, 1056 43 1159, 1160 33 1057, 1058 43 1161, 1162 33 1059 43 1163, 1164 43 1107, 1108 47 1165, 1166 40 1108.1, 1108.2 46 1167, 1168 40 1108.3, 1108.4 44 1169, 1170 40 1108.5, 1108.6 44 1171, 1172 40 1108.7 44 1173, 1174 40 1109, 1110 37 1175, 1176 40 1111, 1112 31 1177, 1178 40 1113, 1114 47 1179, 1180 46 1114.1, 1114.2 47 1221, 1222 46 [4] Supp. No. 47 • • • • • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1223, 1224 45 1307, 1308 41 1225, 1226 46 1309, 1310 41 1227, 1228 46 1311, 1312 41 1229, 1230 46 1313, 1314 41 1230.1, 1230.2 46 1315 41 1230.3, 1230.4 46 1351, 1352 47 1230.5 46 1353, 1354 47 1231, 1232 45 1355, 1356 47 1233, 1234 45 1357, 1358 47 1235, 1236 45 1359, 1360 47 1237, 1238 45 1361, 1362 47 1239, 1240 45 1363, 1364 47 1241, 1242 45 1365, 1366 47 1243 45 1367, 1368 47 1275, 1276 41 1369, 1370 47 1277, 1278 41 1371, 1372 47 1278.1, 1278.2 41 1373, 1374 47 1278.3, 1278.4 41 1375, 1376 47 1279, 1280 38 1377, 1378 47 1281, 1282 45 1379, 1380 47 1282.1 45 1381, 1382 47 1283, 1284 41 1383, 1384 47 1284.1, 1284.2 41 1385, 1386 47 1284.3, 1284.4 41 1387, 1388 47 1284.5, 1284.6 41 1389, 1390 47 1285, 1286 OC 1391, 1392 47 1287, 1288 45 1393, 1394 47 1288.1, 1288.2 45 1395 47 1289, 1290 OC 1403, 1404 46 1291, 1292 OC 1405, 1406 46 1293, 1294 OC 1407, 1408 46 1295, 1296 45 1409, 1410 46 1297, 1298 45 1411, 1412 46 1298.1, 1298.2 45 1413, 1414 46 1299, 1300 OC 1415, 1416 46 1301, 1302 11 1417, 1418 46 1303, 1304 11 1419, 1420 46 1305, 1306 11 1421, 1422 46 Supp. No. 47 [5] ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1423, 1424 46 1499, 1500 46 1425, 1426 46 1501, 1502 46 1427, 1428 46 1503, 1504 46 1429, 1430 46 1505, 1506 46 1431, 1432 46 1507, 1508 46 1433, 1434 46 1509, 1510 46 1435, 1436 46 1511, 1512 46 1437, 1438 46 1513, 1514 46 1439, 1440 46 1515, 1516 46 1441, 1442 46 1517, 1518 46 1443, 1444 46 1519, 1520 46 1445, 1446 46 1521, 1522 46 1447, 1448 46 1523, 1524 46 1449, 1450 46 1525, 1526 46 1451, 1452 46 1527, 1528 46 1453, 1454 46 1529, 1530 46 1455, 1456 46 1531, 1532 46 1457, 1458 46 1533, 1534 46 1459, 1460 46 1535, 1536 46 1461, 1462 46 1537, 1538 46 1463, 1464 46 1539, 1540 46 1465, 1466 46 1541, 1542 46 1467, 1468 46 1543, 1544 46 1469, 1470 46 1545, 1546 46 1471, 1472 46 1547, 1548 46 1473, 1474 46 1549, 1550 46 1475, 1476 46 1551, 1552 46 1477, 1478 46 1553, 1554 46 1479, 1480 46 1555, 1556 46 1481, 1482 46 1557, 1558 46 1483, 1484 46 1559, 1560 46 1485, 1486 46 1561, 1562 46 1487, 1488 46 1563, 1564 46 1489, 1490 46 1565, 1566 46 1491, 1492 46 1567, 1568 46 1493, 1494 46 1569, 1570 46 1495, 1496 46 1571, 1572 46 1497, 1498 46 1573, 1574 46 [6] Supp. No. 47 • • • • • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1575, 1576 46 2009, 2010 45 1577, 1578 46 2011, 2012 47 1579, 1580 46 2013 47 1581, 1582 46 2043 OC 1583, 1584 46 2053, 2054 46 1585, 1586 46 2055, 2056 46 1587, 1588 46 2081, 2082 42 1589, 1590 46 2083, 2084 42 1591, 1592 46 2085, 2086 42 1593, 1594 46 2087, 2088 42 1595, 1596 46 2101, 2102 45 1597, 1598 46 2103, 2104 45 1599, 1600 46 2105, 2106 45 1601, 1602 46 2107, 2108 45 1603, 1604 46 2109, 2110 45 1605, 1606 46 2111, 2112 45 1607, 1608 46 2113, 2114 45 1609, 1610 46 2115, 2116 45 1611, 1612 46 2117, 2118 46 1613, 1614 46 2119, 2120 45 1615, 1616 46 2121, 2122 45 1617, 1618 46 2123, 2124 45 1619, 1620 46 2125, 2126 46 1621, 1622 46 2127, 2128 46 1623 46 2129, 2130 46 1983, 1984 OC 2131, 2132 46 1985 OC 2133, 2134 46 1987, 1988 OC 2135 46 1989, 1990 OC 2137, 2138 45 1991, 1992 2 2139, 2140 45 1993, 1994 6 2141, 2142 45 1995, 1996 13 2143, 2144 45 1997, 1998 18 2145, 2146 45 1999, 2000 24 2147, 2148 45 2001, 2002 30 2149, 2150 45 2003, 2004 37 2151, 2152 46 2005, 2006 37 2153, 2154 46 2007, 2008 41 2155, 2156 47 Supp. No. 47 [7] ATLANTIC BEACH CODE Page No. Supp. No. 2156.1 47 2157, 2158 46 2159, 2160 46 2160.1 46 2161, 2162 45 2163, 2164 45 2165, 2166 46 2167, 2168 46 2169, 2170 46 [8] Supp. No. 47 1 SUPPLEMENT HISTORY TABLE Date Ord. No. Adopted 25-18-44 7- 9-18 95-18-116 8-27-18 80-18-88 11-26-18 5-18-66 1-14-19 5-18-67 1-14-19 58-18-42 1-14-19 58-18-43 1-14-19 75-18-20 1-14-19 90-19-236 1-14-19 5-19-68 2-11-19 90-19-238 2-25-19 12-16-5 1-25-16 90-19-240 7- 8-19 75-19-21 8-12-19 58-19-44 10-14-19 75-19-22 11-25-19 65-20-40 1-27-20 95-20-118 3- 9-20 60-20-21 5-11-20 75-20-23 6- 8-20 75-20-24 6- 8-20 70-20-20 8-10-20 58-20-45 10-26-20 58-20-46 10-26-20 65-21-42 1-25-21 65-21-43 6-14-21 95-21-119 7-12-21 Supp. No. 47 SH:3 Included/ Omitted Supp. No. Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Omitted Included Included 45 45 45 45 45 45 45 45 45 45 45 46 46 46 46 46 46 46 46 46 46 46 47 47 47 47 47 • • ADMINISTRATION § 2-275 (3) If the annual additions for any member for a limitation year exceed the limitation under section 415(c) of the code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). (4) For limitation years beginning on or after January 1, 2009, a member's compensation for purposes of this subsection (k) shall not exceed the annual limit under section 401(a)(17) of the code. (1) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or after January 1, 1980, shall not exceed one hundred (100) percent of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 1223, Title 10, U.S. Code. (m) Effect of direct rollover on 415(b) limit. If the plan accepts a direct rollover of an employee's or former employee's benefit from a defined contribution plan qualified under Code Section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more favorable actuarial basis than required under Code Section 417(e) shall be included in the annual benefit for purposes of the limit under Code Section 415(b). (Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-14-38, § 2, 8-11-14; Ord. No. 58-17-41, § 4, 4-24-17) Sec. 2-275. Minimum distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of IRC section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of IRC section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this section will take precedence over any inconsistent provisions of the plan. Supp. No. 47 188.11 § 2-275 ATLANTIC BEACH CODE (3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this section other than this subsection (a)(3), distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to section 242(b)(2) of TEFRA. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than: a. With regard to distributions required to be made to a member who reaches age seventy and one-half (701/2) before January 1, 2020: April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (70'/2); or April 1 of the calendar year in which the member terminates employment with the district, whichever is later. b. With regard to distributions required to be made on or after January 1, 2020 to a participant who reaches the age of seventy and one-half (70'/z) on or after said date: April 1 of the calendar year that next follows the calendar year in which the participant attains or will attain the age of seventy-two (72) years, or April 1 of the calendar year that next follows the calendar year in which the participant retires, whichever is later. (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age seventy and one-half (701/2), if later, as the surviving spouse elects. b. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. c. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a., will apply as if the surviving spouse were the member. For purposes of this subsection (b)(2), distributions are considered to begin on the member's required beginning date or, if subsection (b)(2)d. applies, the date Supp. No. 47 188.12 • • ADMINISTRATION § 2-275 of distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the date distributions actually commence. (3) Death after distributions begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. (4) Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the IRC and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in section 414(k) of the IRC will be distributed in a manner satisfying the requirements of section 401(a)(9) of the IRC and Treasury regulations that apply to individual accounts. (c) Determination of amount to be distributed each year. (1) General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the following requirements: a. The annuity distributions will be paid in periodic payments made at intervals not longer than one (1) year. b. The member's entire interest must be distributed pursuant to sections 2-266, 2-267, 2-269, or 2-270 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. (2) Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under section 2-266) is the payment that is required for one (1) payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit Supp. No. 47 188.13 § 2-275 ATLANTIC BEACH CODE accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. (3) Additional accruals after first distribution calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of IRC section 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation section 1.401(a)(9)-6, Q&A -2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in IRC section 401(a)(9)(G) and Treasury Regulation section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed twenty-five (25) percent of the cost for all of the members' benefits received from the retirement system. (e) Definitions. (1) Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a)(9) of the IRC and section 1.401(a)(9)-1, Q&A -4, of the Treasury Regulations. (2) Distribution calendar year: A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribu- tion calendar year is the calendar year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to section 2-266. (Ord. No. 58-13-37, § 1, 6-10-13; Ord. No. 58-17-41, § 5, 4-24-17; Ord. No. 58-20-45, § 1, 10-26-20) Sec. 2-276. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the City Commission of the City of Atlantic Beach which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. Supp. No. 47 188.14 • • ADMINISTRATION § 2-277 (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the IRC for a qualified plan under IRC section 401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if necessary or appropriate, to qualify or maintain the system as a plan meeting the requirements of the applicable provisions of the IRC as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. (d) Use of forfeitures. Forfeitures arising from terminations of service of members shall serve only to reduce future city contributions. (e) Prohibited transactions. Effective as of January 1, 1989, a board may not engage in a transaction prohibited by IRC section 503(b). (f) USERRA. Effective December 12, 1994, notwithstanding any other provision of this system, contributions, benefits and service credit with respect to qualified military service are governed by IRC section 414(u) and the Uniformed Services Employment and Reemploy- ment Rights Act of 1994, as amended. To the extent that the definition of "credited service" sets forth contribution requirements that are more favorable to the member than the minimum compliance requirements, the more favorable provisions shall apply. (g) Vesting. (1) Member will be one hundred (100) percent vested in all benefits upon attainment of the plan's age and service requirements for the plan's normal retirement benefit; and (2) A member will be one hundred (100) percent vested in all accrued benefits, to the extent funded, if the plan is terminated or experiences a complete discontinuance of employer contributions. (h) Electronic forms. In those circumstances where a written election or consent is not required by the plan or the IRC, an oral, electronic, or telephonic form in lieu of or in addition to a written form may be prescribed by the board. However, where applicable, the board shall comply with Treasury Regulations section 1.401(a)-21. (Ord. No. 58-13-37, § 1, 6-10-13) Sec. 2-277. Domestic relations orders; retiree directed payments; exemption from execution, non -assignability. (a) Domestic relations orders. (1) Prior to the entry of any domestic relations order which affects or purports to affect the system's responsibility in connection with the payment of benefits of a retiree, the member or retiree shall submit the proposed order to the board for review to determine whether the system may legally honor the order. Supp. No. 47 188.14.1 § 2-277 ATLANTIC BEACH CODE (2) If a domestic relations order is not submitted to the board for review prior to entry of the order, and the system is ordered to take action that it may not legally take, and the Supp. No. 47 188.14.2 e • • • III ADMINISTRATION § 2-310.4 b. For limitation years beginning on and after January 1, 2007, compensation for the limitation year will also include compensation paid by the later of two and one-half (2112) months after an employee's severance from employment or the end of the limitation year that includes the date of the employee's severance from employment if: 1. The payment is regular compensation for services during the employee's regular working hours, or compensation for services outside the employee's regular working hours (such as overtime or shift differential), commis- sions, bonuses or other similar payments, and, absent a severance from employment, the payments would have been paid to the employee while the employee continued in employment with the employer; or 2. The payment is for unused accrued bona fide sick, vacation or other leave that the employee would have been able to use if employment had continued. c. Back pay, within the meaning of Treasury Regulations section 1.415(c) -2(g)(8), shall be treated as compensation for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included under this definition. (2) Notwithstanding any other provision of law to the contrary, the board may modify a request by a member to make a contribution to the system if the amount of the contribution would exceed the limits provided in IRC section 415 by using the following methods: a. If the law requires a lump sum payment for the purchase of service credit, the board may establish a periodic payment deduction plan for the member to avoid a contribution in excess of the limits under IRC sections 415(c) or 415(n). b. If payment pursuant to subparagraph (k)(2)a. will not avoid a contribution in excess of the limits imposed by IRC section 415(c), the board may either reduce the member's contribution to an amount within the limits of that section or refuse the member's contribution. (3) If the annual additions for any member for a limitation year exceed the limitation under section 415(c) of the code, the excess annual addition will be corrected as permitted under the Employee Plans Compliance Resolution System (or similar IRS correction program). (4) For limitation years beginning on or after January 1, 2009, a member's compensation for purposes of this subsection (k) shall not exceed the annual limit under section 401(a)(17) of the code. (1) Additional limitation on pension benefits. Notwithstanding anything herein to the contrary: (1) The normal retirement benefit or pension payable to a retiree who becomes a member of the system and who has not previously participated in such system, on or Supp. No. 47 188.57 § 2-310.4 ATLANTIC BEACH CODE after January 1, 1980, shall not exceed one hundred (100) percent of his average final compensation. However, nothing contained in this section shall apply to supplemental retirement benefits or to pension increases attributable to cost -of -living increases or adjustments. (2) No member of the system shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer's retirement system or plan. This restriction does not apply to social security benefits or federal benefits under Chapter 1223, Title 10, U.S. Code. (m) Effect of direct rollover on 415(b) limit. If the plan accepts a direct rollover of an employee's or former employee's benefit from a defined contribution plan qualified under code section 401(a) which is maintained by the employer, any annuity resulting from the rollover amount that is determined using a more favorable actuarial basis than required under code section 417(e) shall be included in the annual benefit for purposes of the limit under code section 415(b). (Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-14-39, § 2, 8-11-14; Ord. No. 58-17-40, § 5, 4-24-17) Sec. 2-310.5. Minimum distribution of benefits. (a) General rules. (1) Effective date. Effective as of January 1, 1989, the plan will pay all benefits in accordance with a good faith interpretation of the requirements of IRC section 401(a)(9) and the regulations in effect under that section, as applicable to a governmental plan within the meaning of IRC section 414(d). Effective on and after January 1, 2003, the plan is also subject to the specific provisions contained in this section. The provisions of this section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. (2) Precedence. The requirements of this section will take precedence over any inconsistent provisions of the plan. (3) TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this section other than this subsection (a)(3), distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that related to section 242(b)(2) of TEFRA. (b) Time and manner of distribution. (1) Required beginning date. The member's entire interest will be distributed, or begin to be distributed, to the member no later than: a. With regard to distributions required to be made to a member who reaches age seventy and one-half (701/a) before January 1, 2020: April 1 of the calendar year Supp. No. 47 188.58 • • ADMINISTRATION § 2-310.5 following the later of the calendar year in which the member attains age seventy and one-half (701/2); or April 1 of the calendar year in which the member terminates employment with the district, whichever is later. b. With regard to distributions required to be made on or after January 1, 2020 to a participant who reaches the age of seventy and one-half (701/2) on or after said date: April 1 of the calendar year that next follows the calendar year in which the participant attains or will attain the age of seventy-two (72) years, or April 1 of the calendar year that next follows the calendar year in which the participant retires, whichever is later. (2) Death of member before distributions begin. If the member dies before distributions begin, the member's entire interest will be distributed, or begin to be distributed no later than as follows: a. If the member's surviving spouse is the member's sole designated beneficiary, then distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the member died, or by a date on or before December 31 of the calendar year in which the member would have attained age seventy and one-half (701/2), if later, as the surviving spouse elects. b. If the member's surviving spouse is not the member's sole designated beneficiary, then, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the member died. c. If there is no designated beneficiary as of September 30 of the year following the year of the member's death, the member's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the member's death. d. If the member's surviving spouse is the member's sole designated beneficiary and the surviving spouse dies after the member but before distributions to the surviving spouse begin, this subsection (b)(2), other than subsection (b)(2)a., will apply as if the surviving spouse were the member. For purposes of this subsection (b)(2), distributions are considered to begin on the member's required beginning date or, if subsection (b)(2)d. applies, the date of distributions are required to begin to the surviving spouse under subsection (b)(2)a. If annuity payments irrevocably commence to the member before the member's required beginning date (or to the member's surviving spouse before the date distributions are required to begin to the surviving spouse under subsection (b)(2)a.) the date distributions are considered to begin is the date distributions actually commence. (3) Death after distributions begin. If the member dies after the required distribution of benefits has begun, the remaining portion of the member's interest must be distributed at least as rapidly as under the method of distribution before the member's death. Supp. No. 47 188.59 § 2-310.5 ATLANTIC BEACH CODE (4) Form of distribution. Unless the member's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with this section. If the member's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of section 401(a)(9) of the IRC and Treasury regulations. Any part of the member's interest which is in the form of an individual account described in section 414(k) of the IRC will be distributed in a manner satisfying the requirements of section 401(a)(9) of the IRC and Treasury regulations that apply to individual accounts. (c) Determination of amount to be distributed each year. (1) General requirements. If the member's interest is paid in the form of annuity distributions under the plan, payments under the annuity will satisfy the following requirements: a. The annuity distributions will be paid in periodic payments made at intervals not longer than one (1) year. b. The member's entire interest must be distributed pursuant to sections 2-305, 2-306, 2-308, or 2-309 (as applicable) and in any event over a period equal to or less than the member's life or the lives of the member and a designated beneficiary, or over a period not extending beyond the life expectancy of the member or of the member and a designated beneficiary. The life expectancy of the member, the member's spouse, or the member's beneficiary may not be recalculated after the initial determination for purposes of determining benefits. (2) Amount required to be distributed by required beginning date. The amount that must be distributed on or before the member's required beginning date (or, if the member dies before distributions begin, the date distributions are required to begin under section 2-306) is the payment that is required for one (1) payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., monthly. All of the member's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the member's required beginning date. (3) Additional accruals after first distribution calendar year. Any additional benefits accruing to the member in a calendar year after the first distribution calendar year will be distributed beginning with the first payment interval ending in the calendar year immediately following the calendar year in which such amount accrues. (d) General distribution rules. (1) The amount of an annuity paid to a member's beneficiary may not exceed the maximum determined under the incidental death benefit requirement of IRC section Supp. No. 47 188.60 • • • ADMINISTRATION § 2-310.6 401(a)(9)(G), and effective for any annuity commencing on or after January 1, 2008, the minimum distribution incidental benefit rule under Treasury Regulation section 1.401(a)(9)-6, Q&A -2. (2) The death and disability benefits provided by the plan are limited by the incidental benefit rule set forth in IRC section 401(a)(9)(G) and Treasury Regulation section 1.401-1(b)(1)(I) or any successor regulation thereto. As a result, the total death or disability benefits payable may not exceed twenty-five (25) percent of the cost for all of the members' benefits received from the retirement system. (e) Definitions. (1) Designated beneficiary. The individual who is designated as the beneficiary under the plan and is the designated beneficiary under section 401(a)(9) of the IRC and section 1.401(a)(9)-1, Q&A -4, of the Treasury regulations. (2) Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the member's death, the first distribu- tion calendar year is the calendar year immediately preceding the calendar year which contains the member's required beginning date. For distributions beginning after the member's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to section 2-306. (Ord. No. 58-13-36, § 1, 6-10-13; Ord. No. 58-17-40, § 6, 4-24-17; Ord. No. 58-20-46, § 1, 10-26-20) Sec. 2-310.6. Miscellaneous provisions. (a) Interest of members in system. All assets of the fund are held in trust, and at no time prior to the satisfaction of all liabilities under the system with respect to retirees and members and their spouses or beneficiaries, shall any part of the corpus or income of the fund be used for or diverted to any purpose other than for their exclusive benefit. (b) No reduction of accrued benefits. No amendment or ordinance shall be adopted by the City Commission of the City of Atlantic Beach which shall have the effect of reducing the then vested accrued benefits of members or a member's beneficiaries. (c) Qualification of system. It is intended that the system will constitute a qualified public pension plan under the applicable provisions of the IRC for a qualified plan under IRC section 401(a) and a governmental plan under IRC section 414(d), as now in effect or hereafter amended. Any modification or amendment of the system may be made retroactively, if Supp. No. 47 188.60.1 Sec. 19-1. Sec. 19-2. Sec. 19-3. Sec. 19-4. Sec. 19-5. Sec. 19-6. Sec. 19-7. Sec. 19-8. Chapter 19 STREETS, SIDEWALKS AND OTH KR PUBLIC PLACES* Article I. General Provisions Construction within and/or use of city rights-of-way. Permits and revocable licenses required. Closing of streets for various events. Special events. Intersections: sight distance requirements and safety zones. Traffic calming devices. Construction of driveways in rights-of-way. Outside seating located in city rights-of-way. Secs. 19-9-19-19. Reserved. Article II. Utility Placement Within City Rights -of -Way Sec. 19-20. Applicability. Sec. 19-21. Permit required. Sec. 19-22. Provisions of permit. Sec. 19-23. When bond may be required. Sec. 19-24. Fees authorized. Sec. 19-25. Moving or removal of utility lines. Sec. 19-26. Authority to implement article. Sec. 19-27. Noncompliance unlawful. Secs. 19-28, 19-29. Reserved. Article III. Communications Facilities in Public Rights -of -Way Sec. 19-30. Short title. Sec. 19-31. Findings, intent and scope. Sec. 19-32. Definitions. Sec. 19-33. Registration. Sec. 19-34. Notice of transfer, sale or assignment of assets. *Cross references—Any ordinance naming, renaming, opening, accepting, or vacating streets or alleys in the city saved from repeal, § 1-5(8); beaches and parks, Ch. 5; buildings and building regulations, Ch. 6; mobile homes and recreational vehicles, Ch. 10; loitering in, obstructing, etc., streets, public places, etc., prohibited, § 13-2; planning/zoning/appeals, Ch. 14; signs, posters, etc., prohibited on sidewalks, § 17-8; traffic and motor vehicles, Ch. 21; utilities, Ch. 22; protection of trees and the natural environment, Ch. 23; zoning and subdivision regulations, Ch. 24. State law references—Supplemental and alternative method of making local municipal improvements, F.S. Ch. 170; municipal public works, F.8. Ch. 180; minimum construction standards for the design, construction and maintenance of all public streets, roads, highways, bridges, sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle trails, underpasses, and overpasses used by the public for vehicular and pedestrian traffic, F.S. § 335.075. Supp. No. 47 1107 ATLANTIC BEACH CODE Sec. 19-35. Rules, regulations and general conditions to placement of and use of communications systems and facilities and utility poles in the public right-of-way. Sec. 19-36. At -grade facility, below -grade facility, wireline facility, and utility pole permit conditions. Sec. 19-36.1. Objective design standards. Sec. 19-36.2. Waiver of the objective design standards for at -grade facilities, below -grade facilities, wireline facilities, and utility poles. Sec. 19-37. Wireless facilities. Sec. 19-37.1. Wireless facilities allowed in the public rights-of-way. Sec. 19-37.2. Permit requirements; application; review timeframes. Sec. 19-37.3. Small wireless facility collocation permit conditions. Sec. 19-37.4. Objective design standards. Sec. 19-37.5. Waiver of objective design standards for small wireless facilities. Sec. 19-37.6. Make-ready work. Sec. 19-37.7. Collocation fees. Sec. 19-38. Revocation or suspension of development permits. Sec. 19-39. Involuntary termination of registration. Sec. 19-40. Appeals. Sec. 19-41. Fees applicable to those not subject to communications services tax. Sec. 19-42. Existing communications facility. Sec. 19-43. Insurance. Sec. 19-44. Indemnification. Sec. 19-45. Construction bond. Sec. 19-46. Performance bond. Sec. 19-47. Enforcement remedies. Sec. 19-48. Abandonment of a communications facility or utility pole. Sec. 19-49. Reservation of rights. Supp. No. 47 1108 • • STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-7 Sec. 19-6. Traffic calming devices. The city commission shall take no action on the installation of any traffic calming devices, such as speed bumps or stop signs, unless: (1) The police department, or such other person as directed by the director of public safety, has conducted proper research and declared the area where such devices are requested to be installed a "traffic safety hazard area"; and (2) The installation of such devices is expected to correct the situation in said area. (Ord. No. 75-03-15, § 1, 6-9-03) Editor's note—Ord. No. 75-03-15, § 1, adopted June 9, 2003, enacted provisions intended for use as § 19-5. As § 19-5 was already in use at the time of codification, these provisions have been codified herein as a new § 19-6. Sec. 19-7. Construction of driveways in rights-of-way. The construction of a new driveway in the city's right-of-way, or the modification of an existing driveway in a right-of-way, shall require a construction permit within city rights-of-way and easements. Said permit shall be issued subject to the following require- ments: (a) The proposed driveway shall not create more than fifty (50) percent impervious area within the right-of-way. (b) Any permit issued shall be a revocable encroachment permit if any nonstandard driveway materials (i.e., pavers) are installed in the right-of-way. If the city is required to do any utility or other work or repairs in a right-of-way which damages such nonstandard materials, the homeowner shall be responsible for repairs necessary to the materials. (c) Any construction within the city's rights-of-way shall not adversely affect or restrict public parking in the rights-of-way. (d) No parking aprons shall be allowed in the city's rights-of-way along arterial (through) streets listed in city Code subsection 21-17(h). (e) Any improvements in the city's rights-of-way that are not part of a driveway or sidewalk shall be constructed of turf block or other pervious material. (f) Maximum driveway width at the property line and through the right-of-way shall be twenty (20) feet. Maximum driveway width for circular drives shall be twelve (12) feet, and circular drives shall only be pei Hated on lots having at least one hundred -foot frontage. (g) Maximum driveway width at the property line and through the right-of-way for duplexes on a fifty -foot lot shall be a combined width for both driveways of twenty-four (24) feet. Supp. No. 47 1113 § 19-7 ATLANTIC BEACH CODE (h) Driveways that cross sidewalks. City sidewalks may not be replaced with other materials, but must be replaced with smooth concrete left natural in color so that it matches the existing and adjoining sidewalks. (Ord. No. 65-05-34, § 1, 8-8-05) Sec. 19-8. Outside seating located in city rights-of-way. (a) Intent. This section is intended to activate sidewalks and other non -vehicular traffic areas within city rights-of-way to be used for outside seating that contributes to a pedestrian -friendly environment and encourages economic development in the city's com- mercial districts. (b) Applicability. A bar, brewpub, cafe, coffee shop, hotel/motel, indoor recreation/ entertainment facility, brewery, nightclub, restaurant, or other food/beverage related use, authorized under the applicable commercial zoning district regulations, may apply for a revocable license to authorize outside seating in the city right-of-way adjacent to the authorized food/beverage use subject to the provisions of this section, and as may be applicable, the provisions of section 24-115(f) and section 24-116(f). Where there is a conflict between said provisions, the requirements of this section shall apply. (c) Application. Outside seating areas are characterized by tables and chairs and may be shaded by awnings, canopies, or umbrellas if building permits for same have been obtained. Applications, on a form provided by the city, for outside seating shall be submitted to the planning and community development department and shall include, but not be limited to, the following information: (1) Name, address, and contact information of the applicant and adjacent business and written consent by property owner. (2) A copy of a valid City of Atlantic Beach business tax license and any other applicable operating licenses for the adjacent food/beverage business, and the total number of chairs (both indoor and outdoor) to be utilized. (3) A copy of current certificates of insurance in the amounts and categories required in this Section. (4) A drawing to scale showing the layout and dimensions of the portion of the proposed outside seating area and of the adjacent private property, right-of-way and sidewalk; the size and number of tables, chairs, lighting, steps, planters and umbrellas, as applicable, and any other items proposed to be located within the proposed outside seating area; the location of doorways, trees, parking spaces, parking meters, bus shelters, sidewalk benches, trash receptacles, signage and any other obstruction either existing or proposed located within fifty (50) feet of the proposed outside seating area. (5) Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas or other objects proposed to be located within the outside seating area. Supp. No. 47 1114 • STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8 (6) If deemed necessary by the planning and community development director or designee, a survey showing the right-of-way including any utilities, fire hydrants, pavement locations, and other objects in/on the right-of-way. (7) A nonrefundable base application fee of three hundred dollars ($300.00). (8) A proposed draft revocable license agreement. (9) Plans for the operation of the proposed outside seating area, including but not limited to, hours of operation, maintenance of the outside seating area and services to be provided. (d) Insurance required. The owner/lessee/lessor of the adjacent food/beverage related business establishment, the licensee and the property owner (if the parties are not the same) shall each agree in writing to hold the City of Atlantic Beach harmless for any personal injury or property damage arising from or related to the existence or operation of any outside seating area, and the condition and maintenance of the right-of-way upon which any outside seating is located, and shall furnish evidence of general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate with the City of Atlantic Beach as additional named insured, liquor liability (if applicable) and workers' compensation, each with thirty -day cancellation notices. (e) Application review and approval. Applications for outside seating areas shall be reviewed and approved by the city manager or designee and shall be issued in the form of a revocable license agreement, subject to the provisions of this section. The city manager or designee may approve plans, designs and specifications for an outside seating area that comply with the provisions of this section and do not unreasonably interfere with any of the following: (1) Adequate pedestrian flow; (2) Access to public utilities, building entrances, crosswalks or bus stops; (3) Pedestrian or traffic safety; or (4) Any other health or safety concerns. In addition, the city manager or designee may deny an application for an outside seating area if in the reasonable discretion of the city manager or designee: (5) The application does not contain the required information; (6) The proposal does not comply with the operational/locational/design requirements set forth in this section; or (7) Any material information submitted in the application is found to be incorrect. No later than twenty (20) days prior to approval of a revocable license agreement, the planning and community development director shall send notice of the application for outside seating to all property owners within three hundred (300) feet of the subject business parcel. Supp. No. 47 1114.1 § 19-8 ATLANTIC BEACH CODE Revocable license agreements shall be approved for a one-year period and the annual fee shall be two dollars (S2.00) per square foot of the outside seating area and shall not be transferable. The annual one-year period (October 1 through September 30) and fee shall be administered by the city's finance department in the same manner as business tax licenses. A licensee may apply to renew the license by submitting a renewal application no later than thirty (30) days prior to the expiration of the license agreement. The revocable license agreement shall require the licensee and property owner to remove all improvements in the right-of-way and restore the right-of-way to pre -improvement conditions no later than thirty (30) days after the expiration of the license agreement or the licensee vacates the adjacent business. (f) Revocation or suspension of license. All license agreements are revocable by the city manager or designee at all times. A license may be revoked or suspended if the city manager or designee reasonably determines that: (1) Any necessary business or health permit or license pertaining to the licensee or to the operation of the business on the adjacent property has been suspended, revoked or canceled. (2) The licensee does not have policies of insurance which are correct and effective in the minimum coverages and amounts described in this section or the license agreement. (3) The licensee exceeds the approved square footage by placing any additional tables, chairs or other items or equipment beyond the boundaries of the approved outside seating area. (4) The licensee has failed to correct violations of this section, terms or conditions of their license agreement within seventy-two (72) hours of receipt of the city manager's, or his designee's, notice of same delivered in writing to the licensee. In the event the licensee fails to take all corrective actions as required by said notice within seventy-two (72) hours of receipt of the notice of violation, the city manager shall have the right but not the obligation, to remove said objects. The licensee or property owner shall pay all costs associated with such removal and restoration of the outside seating area. (5) Changing conditions of pedestrian or vehicular traffic exist that cause congestion necessitating the removal of the outside seating which represent a danger to the health, safety or general welfare of pedestrians or vehicular traffic. (6) The outside seating is deemed a threat to public safety for any other reason. (7) The outside seating no longer meets the purpose or intent of the commercial zoning district or any applicable overlay/special area plan. (8) The licensee has failed to comply with any of the requirements, conditions or terms of this section or included in the applicable revocable license agreement. (9) The licensee or property owner has outstanding code enforcement violations related to the adjacent parcel or business. Supp. No. 47 1114.2 • • • • STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8 (10) The city needs to conduct utility work, street repairs or other repairs necessitating closure of the outside seating area. Upon suspension or revocation, the city manager or designee shall give written notice of such action to the licensee and property owner. If the action is based on (f)(1), (2) or (4), the action shall be effective immediately. Otherwise, such notice shall be effective within ten (10) days. (g) Emergencies. The city manager or designee may remove any of the improvements authorized by a license agreement in times of foul weather or for any emergency purposes, as reasonably determined by the city manager, without notice, and the licensee, the adjacent business operator and property owner shall each be responsible for the reasonable expenses incurred by the city for the removal and storage of said objects. The city shall not be responsible for said objects relocated during emergencies. Emergency determination by the city manager or designee shall not be subject to appeal. (h) Location, design, and operational requirements. (1) Outside seating shall be immediately adjacent to the building, building unit, or other existing outside seating operated by the business reflected in the revocable license agreement. The outside seating shall only serve the business reflected in the revocable license agreement, shall be personal to the licensee only and not transferrable in any manner, and said business shall have an active business tax license with the city. (2) Outside seating shall not be permitted any closer than five (5) feet from the curb line of the street or from any fire hydrants located in the right-of-way. At no time may the outside seating interfere with vehicular or pedestrian sight lines. Outside seating areas may not displace any existing parking spaces. (3) Outside seating areas shall be bounded by an enclosure of at least three (3) feet but no more than four (4) feet in height measured from the ground or sidewalk level, unless waived by the planning and community development director. Enclosures and the seating area shall be designed in compliance with ADA guidelines. Such enclosure may consist of screens, planters, fencing or other similar materials. (4) If a new surface is proposed in the application, only stabilized permeable surfaces may be authorized. (5) Lighting to serve outside seating areas shall be shielded and shall be installed and directed so as to not project light output: onto residences or adjacent uses; past the object being illuminated; skyward; or onto any roadway. All lighting shall be aimed, located, designed, fitted and maintained so as to not present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting light into a neighboring use or property. Outdoor lighting may remain illuminated during operating hours, and no later than one-half hour after closing of the adjacent business. Outdoor lighting shall be automatically extinguished using a programmable controller. Supp. No. 47 1114.3 § 19-8 ATLANTIC BEACH CODE (6) No live entertainment, amplified music, or speakers shall be allowed in the outside seating area, unless authorized as a special event pursuant to section 19-4 of this chapter. (7) The hours of operation for outside seating shall not extend beyond those of the associated adjacent business licensee, unless otherwise specified in the license agreement. The city may further limit the hours for outside seating based on the proximity of the seating area to residential uses. (8) No preparation or storage of any food or beverages is allowed within any outside seating area or the right(s)-of-way. All food and beverages must be prepared within the main structure of the adjacent business and no "window service" shall be permitted. (9) All furnishings shall be maintained by the outside seating licensee in a clean and attractive appearance and shall be in good repair at all times. The city manager shall have the authority to secure or remove any furnishing(s) or other improvements associated with the outside seating if necessary in the interest of public safety. The licensee and landowner (if different parties) shall agree in writing to maintain that portion of the right-of-way where the outside seating is located and shall be responsible for repair or restoration of any damage to the right(s)-of-way caused by the business or its patrons. As may be necessary to complete any repair or restoration projects, by either the city or the licensee, the city manager may require the licensee to temporarily remove the outside seating and all related improvements. The outside seating licensee shall be responsible for removing all furnishings at least twenty-four (24) hours prior to the date identified in writing by the city manager. The city shall not be responsible for any costs associated with the removal or the return and installation of any such furnishings. (10) No outside display of merchandise shall be allowed in the designated outside seating area or elsewhere within the right(s)-of-way. (11) Service and consumption of beer, wine or alcohol shall only be allowed within the outside seating area in accordance with the licensee's State of Florida operational license and in accordance with all applicable city regulations and permits for the service and on-site consumption of beer, wine or alcohol issued to the licensee's adjacent business. (12) Signs, lettering and images of any type are prohibited within the outside seating area or right-of-way and on umbrellas, chairs, tables and other permissible fixtures which are located within the designated outside seating area or elsewhere in the right-of- way. (13) The outside seating area shall be specifically limited to the area approved in the revocable license agreement. Supp. No. 47 1114.4 • • • STREETS, SIDEWALKS AND OTHER PUBLIC PLACES § 19-8 (14) The licensee shall use positive action to assure that the operation of the outside seating area in no way interferes with sidewalk users or limits their free, unobstructed passage. (15) The area included within the license agreement and the sidewalk and roadway, street or alley immediately adjacent to it shall be maintained in a neat and orderly appearance at all times by the licensee, and the area shall be cleared of all debris as needed during the day, again at the close of each business day and as determined by the city manager or designee. The licensee shall also be responsible for cleaning the floor surface within the outside seating area. (16) No tables, chairs or any other parts of the outside seating areas shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk in or near the outdoor seating area. (17) Upon the issuance of a "Hurricane Watch or Warning" by Duval County, or similar foul weather or high wind event, the licensee shall forthwith place indoors all tables, chairs and other equipment located in the outside seating area. The issuance of such "Hurricane Watch or Warning" or similar foul weather or high wind event shall constitute an emergency situation as referenced herein. (18) No tables, chairs, or any other parts of the outside seating area shall block an ADA access, pedestrian walkways, sidewalks, required parking spaces, drive aisles, or driveways. (19) No smoking at any time shall be allowed in the outside seating area. (20) A covenant not to sue and indemnity provisions in favor of the city (in form approved by the city attorney) shall be required, to be included in the license agreement from both the licensee and the property owner. (21) Dogs are permissible provided a permit is obtained and maintained as required by chapter 24, section 24-158, as may be amended, in the Code of Ordinances. (i) Appeals. (1) Appeals shall be initiated within ten (10) days of the date of the written denial, suspension or revocation (but not emergency determinations made to subsection (g) above) of a revocable license agreement by the city manager by filing a written notice of appeal with the planning and community development director. Such appeal shall state the reasons for reinstatement or issuance of a revocable license agreement. (2) The planning and community development director shall place the appeal on the next available regular community development board agenda. At the hearing upon appeal, which shall be a do novo hearing, the board shall hear and determine whether the appeal should be granted or denied. If the board determines that there is a reasonable basis for the denial, suspension or revocation, the board shall uphold the decision of the city manager. The board may deny, grant or grant with conditions any appeal. The decision of the board shall be final. Supp. No. 47 1114.5 § 19-8 ATLANTIC BEACH CODE (3) The filing of a notice of appeal by a licensee shall not stay an order by the city manager or designee. Vestiges of the outside seating shall be removed immediately as set out in this section, pending disposition of the appeal and the final decision of the board. (Ord. No. 65-21-43, § 1, 6-14-21) Editor's note—Ord. No. 65-17-39, § 3, adopted Dec. 11, 2017, repealed former § 19-8 which pertained to utility rights-of-way, and derived from Ord. No. 65-11-37, § 1, adopted March 28, 2011. Subsequently, Ord. No. 65-21-43, § 1, adopted June 14, 2021, enacted new provisions to read as herein set out. Secs. 19-9-19-19. Reserved. ARTICLE II. UTILITY PLACEMENT WITHIN CITY RIGHTS-OF-WAY Sec. 19-20. Applicability. This article shall apply to any public or private entity who seeks to construct, maintain, repair, operate and/or remove lines for the transmission of public utilities that are not providing communications services as defined in F.S. § 202.11(1), under, on, over, across or within the public rights-of-way, including but not limited to, water, sewage, gas, power and television, or as regulated by a franchise, as applicable. The transmission of communications services as defined in F.S. §§ 202.11 and 202.11(1), and the construction, placement, installation, maintenance and operation of a communications facility or utility pole in the rights-of-way, shall be governed by the provisions of chapter 19, article III. (Ord. No. 65-17-39, § 4, 12-11-17) Sec. 19-21. Permit required. Any person who desires to construct, maintain, repair, operate, or remove lines for the transmission of water, sewage, gas, power, other public utilities, and television under, on, over, across, or within the rights-of-way of the city shall be required to obtain a permit from the city. The provisions of section 19-2(j) and (m) of article I of this chapter shall be applicable to any such permit. (Ord. No. 65-17-39, § 4, 12-11-17) Sec. 19-22. Provisions of permit. In addition to the provisions of section 19-2(k) of article I of this chapter, any such permit granted by the city shall contain adequate provisions: (1) To prevent the creation of any obstructions or conditions which are or may become dangerous to the traveling public; Supp. No. 47 1114.6 • • • Chapter 23 PROTECTION OF TREES AND THE NATURAL ENVIRONMENT* Article I. In General Sec. 23-1. Purpose and intent. Sec. 23-2. Applicability. Sec. 23-3. Relationship to land development regulations and the comprehensive plan. Sec. 23-4. Amendments to this chapter. Secs. 23-5-23-7. Reserved. Article II. Language and Definitions Sec. 23-8. Definitions. Secs. 23-9, 23-10. Reserved. Article III. Tree and Vegetation Regulations and Permits Division 1. In General Sec. 23-11. Scope. Division 2. Administration Sec. 23-12. City commission. Sec. 23-13. Administrator. Sec. 23-14. Tree conservation fund. Secs. 23-15 23-20. Reserved. Division 3. Permits Sec. 23-21. Permits required by this chapter. Sec. 23-22. Exemptions from the requirement for a permit. Sec. 23-23. Permits procedures. Sec. 23-24. Inspections and site preparation. Sec. 23-25. Appeals and variances. Sec. 23-26. Fees. Secs. 23-27-23-29. Reserved. *Editor's note—Section 2(Exh. A) of Ord. No. 95-21-119, adopted July 12, 2021, repealed Ch. 23 in its entirety and enacted a new ch. 23 to read as herein set out. Former ch. 23, §§ 23-1-23-4, 23-8, 23-11--23-14, 23-21-23-26, 23-30-23-37, 23-40, 23-41, 23-46-23-52, pertained to protection of trees and native vegetation, and derived from Ord. No. 95-09-98, § 2(Exh. A), adopted Jan 12, 2009; Ord. No. 95-10-101, § 2(Exh. A), adopted Feb. 22, 2010; Ord. No. 95-15-109, § 1, adopted May 11, 2015; Ord. No. 5-17-64, § 1, adopted July 24, 2017; Ord. No. 5-18-67, §§ 1-3, adopted Jan. 14, 2019; and Ord. No. 5-19-68, § 3, adopted Feb. 11, 2019. Cross reference—Streets, sidewalks and other public places, Ch. 19. Supp. No. 47 1351 Sec. 23-30. Sec. 23-31. Sec. 23-32. Sec. 23-33. Sec. 23-34. Sec. 23-35. Sec. 23-36. Sec. 23-37. ATLANTIC BEACH CODE Division 4. General Provisions Minimum tree requirements. General prohibitions. Tree protection during development and construction. Mitigation to be assessed. Maintenance and monitoring requirements. Elimination of undesirable species. Elimination of contagious diseased and pest -infested trees. Payment in lieu of replacement/relocation. Secs. 23-38, 23-39. Reserved. Division 5. Areas of Special Concern Sec. 23-40. Applicability. Sec. 23-41. Historic corridors and heritage trees. Secs. 23-42-23-45. Reserved. Division 6. Violations, Enforcement and Penalties Sec. 23-46. Violations. Sec. 23-47. Notice of violation. Sec. 23-48. Stop work order. Sec. 23-49. Requirement for emergency or immediate corrective action. Sec. 23-50. Code enforcement action. Sec. 23-51. Penalties. Sec. 23-52. Environmental stewardship committee—Intent. Secs. 23-53-23-60. Reserved. Supp. No. 47 1352 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-3 ARTICLE I. IN GENERAL Sec. 23-1. Purpose and intent. (a) Purpose. The provisions of this chapter are established for the purpose of enhancing, conserving, restoring, protecting and preserving the natural environment, specifically related to trees canopy, stratified understory and native coastal dune vegetation that provide ecosystem good and services and co -benefits for shade of critical areas, stabilize soils, sequester carbon, improve air quality, reduce runoff and enhance property values. Priority shall be given to the protection and preservation of existing resources. The maritime forest encompasses all of the trees within the city and is an integral and uniquely valuable part of the city. The maritime forest creates beauty, provides a home for wildlife, functions as a critical element of the water management system, and is confirmed to enhance overall property values. (b) Intent. The provisions of this chapter are intended: (1) To establish efficient and effective procedures, regulations and guidelines for the protection of the natural environment. (2) To promote and sustain community values by providing for an aesthetically pleasing environment where a healthy maritime forest is maintained and regenerated. (3) To protect natural systems and avoid impairment of their natural functions including the provision of shade and cooling on lots and development parcels, sidewalks, streets and other public places. (4) To provide protection for environmentally sensitive areas. (5) To ensure protection of healthy trees, recognizing that regulated trees that are lost reduce the climate related resilience and overall economic value of the community, and provide for replacement and/or relocation of trees which are permitted to be removed, as set forth herein. (6) Priority shall be given to the protection and preservation of the existing trees and natural environment. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-2. Applicability. All lands within the City of Atlantic Beach shall be subject to the provisions of this chapter. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-3. Relationship to land development regulations and the comprehensive plan. This chapter contains specific and detailed provisions intended to implement the related policies as set forth in the comprehensive plan, as may be amended. The provisions of this Supp. No. 47 1353 § 23-3 ATLANTIC BEACH CODE chapter shall be implemented in coordination with chapter 24, Land Development Regula- tions, of this Code of Ordinances, and in the case of any conflict between the two (2) chapters, the provisions establishing the higher standard shall prevail. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-4. Amendments to this chapter. The city commission shall have the authority to amend this chapter as needed to implement its intent, or to implement objectives and policies of the comprehensive plan, or otherwise enact updates as may be appropriate. Amendment to this chapter shall be made in accordance with the established procedures for amending any portion of this Code of Ordinances. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Secs. 23-5-23-7. Reserved. ARTICLE II. LANGUAGE AND DEFINITIONS Sec. 23-8. Definitions. For purposes of this chapter, the following terms shall have the meanings as set forth within this section, and where interpretation is required, shall be interpreted so as to give these terms the meaning they have in common usage. Where applicable and appropriate to the context, definitions as set forth within chapter 24, Land Development Regulations, of this Code of Ordinances, Florida State Building Codes or within Florida Statutes, as these may be amended, shall be used in conjunction with these terms and the requirements of this chapter. Administrator shall mean the representative of the city as designated by the city manager to oversee administration of this chapter. Adversely affected person shall mean a person who is suffering or will suffer an adverse effect to an interest protected or furthered by this chapter. The alleged adverse effect may be shared in common with other members of the community but must exceed in degree the general interest in community good shared by all persons in the community. After -the -fact permit shall mean a permit issued after a violation has occurred for the primary purpose of correcting the violation (if the activity would have been permittable) or for the purpose of bringing the violator into compliance with existing regulations. Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this chapter. Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit as required by the provisions of this chapter. Supp. No. 47 1354 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-8 Approval shall mean written permission in the form of a tree or vegetation removal permit from the administrator pursuant to a duly executed application submitted on a form as provided by the city, authorizing the applicant to proceed with an action as proposed within the application. Such approval may consist of limitations or conditions specific to the project. Arborist shall mean any person who is certified by the International Society of Arboriculture (ISA) as an arborist and a member in good standing of the ISA. Arborist report shall mean a report that is signed by an arborist, as defined above, and that at a minimum clearly states the arborist's name, contact information, and qualifica- tions, and identifies the site address and each individual tree. Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the city in section 23-35(b). This list shall be updated on an as needed basis. Atlantic Beach Recommended Species List shall consist of species that are best adapted to the local ecosystem, which may provide the most desirable characteristics to the community. Replacement credit may only be given for trees on the recommended species list in section 23-33(f)(1)f. Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for the issuance of a building permit by the city, such as building setback areas, shoreline protection buffers, coastal construction setback areas, wetlands and other similar areas required pursuant to the applicable provisions of this chapter and the land development regulations. Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above the existing grade or proposed grade for trees four (4) inches in trunk diameter or smaller, and twelve (12) inches above the existing grade or proposed planted grade for trees larger than four (4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for new plantings. For trees with multiple trunks, the sum of the caliper measure- ments of up to the four (4) largest trunks shall be used. Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk. City shall mean the City of Atlantic Beach. Clear trunk shall mean the height of a palm tree measured from the ground to the point where the lowest green frond is attached to the trunk. Coastal dune vegetation shall mean the naturally -occurring, salt -tolerant native species of grasses, shrubs, vines and trees that stabilize the dunes by holding existing sand and that serve to repair the dunes of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand. Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the branches, leaves, flowers, and fruit that grow above ground. Supp. No. 47 1355 § 23-8 ATLANTIC BEACH CODE Designated maritime species shall mean those species that are among the most valuable and desirable species in the city and shall include the following species: (1) Bald Cypress (Taxodium distichum). (2) Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar). (3) Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm). (4) Live Oak (Quercus virginiana). (5) Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory). (6) Loblolly bay (Gordania lasianthus). (7) Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweet - bay Magnolia) (8) Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) (9) Tupelo (Nyssa sylvatica) (10) Pine (Loblolly) (pinus taeda), (Long -leaf) (Pinus palustris), (Pond) (Pinus Serotina) Developed area shall mean that portion of a site upon which any building, structure, pavement, or stormwater facility is placed. Developed lot shall mean any parcel upon which any building, structure, pavement or stormwater facility exists or is proposed but which does not fall under the definition of new construction or vacant lot. Development or development activity shall mean any alteration of the natural environ- ment which requires the approval of a development or site plan and issuance of a development permit; shall also mean the removal of any regulated trees or vegetation, including without limitation that carried on in conjunction with a forest management program, and the removal of regulated trees and vegetation incidental to the development of land or to the marketing of land for development and shall also include activities defined as development with section 24-17 of this Code of Ordinances. Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured at a height of fifty-four (54) inches above the existing ground level. Trees with gross abnormalities or buttressing at the breast height should be measured above or immediately adjacent to the irregularity. Trees that fork at or above breast height should be measured below breast height and recorded as a single trunk. For trees that fork below breast height or for trees with multiple trunks, the sum of up to the four (4) largest trunks shall be used. Diseased tree shall mean a tree with any fungal, bacterial, or viral infection that will result in the death of the tree or has progressed to the point that treatment will not prevent the death of the tree, as determined by the administrator, forester, or arborist. Dripline shall mean the imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects with the ground. Supp. No. 47 1356 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-8 Ecosystem goods and services shall mean those goods and services that provide for health, social, cultural, and economic needs and benefit all living organisms including plants, animals and humans. Examples of ecosystem goods include clean air and abundant fresh water. Examples of ecosystem services include purification of air and water, maintenance of biodiversity, decomposition of wastes, soil and vegetation generation and renewal, pollina- tion of crops and natural vegetation, groundwater recharge through wetlands, seed dispersal, greenhouse gas mitigation, and aesthetically pleasing landscapes. The products and processes of ecological goods and services are complex and occur over long periods of time and the concern is that we are losing them at an unsustainable rate. Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach which meet one (1) or more of the following criteria: (1) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP), the U.S. Army Corps of Engineers, or the St. Johns River Water Management District (SJRWMD); (2) Estuaries or estuarine systems; (3) Outstanding Florida Waters as designated by the State of Florida and natural water bodies; (4) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach and dune areas seaward of the coastal construction control line; (5) Areas designated as conservation on the future land use map; (6) Essential habitat to listed species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the U.S. Fish and Wildlife Service, and the FDEP. Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced. Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing grade of the land. See "Grading" also. Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree. Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally, from a natural geographic range outside of Florida. Florida licensed landscape architect shall mean a person who holds a license to practice landscape architecture in the State of Florida. Grading shall mean the placement, removal or movement of earth by use of mechanical equipment on a property. See "Excavation" also. Supp. No. 47 1357 § 23-8 ATLANTIC BEACH CODE Ground cover small means a plant material which reaches an average maximum height of not more than eighteen (18) inches at maturity. Grubbing means the effective removal of understory vegetation from a site which doesnot include the removal of any trees with DBH greater than three (3) inches. Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distinguished from a gymnosperm or cone -bearing tree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Heritage tree shall mean any designated maritime species that is thirty (30) inches DBH or greater and declared by the city commission to be of unique or intrinsic value due to its age, size, species, and/or cultural, ecological or historical significance or some other contribution to the city's or a neighborhood's character and which is in good condition, as determined by an arborist; also, any tree designated as a Florida State Champion, United States Champion, or World Champion by the American Forestry Association which has been designated to be a heritage tree by the city commission. Heritage trees may be located within parks or other public property. On private property, heritage trees must be voluntarily nominated by the property owner. The city administrator shall keep a record of all heritage trees so designated and their location. Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special historic, architectural, or cultural value to the citizens of the city as declared by the city commission. Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical region prior to significant human impacts. See "Native" also. International Society of Arboriculture (ISA) serves the tree care industry as a membership association and a credentialing organization that promotes the professional practice of arboriculture. ISA focuses on research, technology, and education to advance best tree care practices and deliver educational publications, services, events, and credentials that provide opportunities for tree care professionals to develop their knowledge, skills, and arboriculture expertise. Invasive exotic plant shall mean an exotic plant species that has escaped cultivation, naturalized, and established in a natural area allowing it to aggressively expand and reproduce on its own, and subsequently, alter native plant communities by out -competing for resources such as light, nutrients, water and space, killing native species, or otherwise adversely affecting natural ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C. 5B-57.007) or listed on the Atlantic Beach Prohibited Species List. Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass, and ground cover; landscape water features; and nonliving durable material com- monly used in landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces (pavement). Supp. No. 47 1358 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-8 Legacy tree shall mean a tree that is a designated maritime species, as defined in this chapter, and that is ten (10) inches DBH or greater. Maritime forest shall mean the collection of trees, to include its canopy, the understory, and ground cover in and around the city, including park and street trees on public property and trees on private property. Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees (newly planted), relocated trees, or preserved trees, or alternatively, deposit of a cash equivalent value in the tree conservation fund. Native shall mean a plant species occurring within the city boundaries prior to European contact according to the best available scientific and historical documentation. More specifically, it includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Naturalized exotic shall mean an exotic species that sustains itself outside cultivation. New construction shall mean the construction of a new principal building on a lot. For the purposes of this chapter, this definition does not include construction proposed on vacant lots. This definition shall include construction proposed on lots that have an active permit for demolition of the principal building; lots where the principal building has been demolished but no building permit for a new principal building has been issued; and where trees are proposed to be removed or relocated in preparation for demolition or development of a principal building. Nondevelopment activity shall mean any alteration of the natural environment which does not require development plan approval or issuance of a building permit, but which would include the proposed removal or destruction of any trees or vegetation regulated by this chapter. Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody vegetation, on public or private property which is endangering or which in any way may endanger the public health, safety, security or usefulness of any public street, public utility line or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with an infectious disease or insect problem. Offsite shall mean any location outside the boundaries of the project site. Onsite shall mean any location within the boundaries of the project site. Person shall mean any landowner, lessee, consultant, contractor, developer or other entity, including agents, employees, independent contractors, whether persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts, business trusts, syndicates, fiduciaries, governmental bodies, agencies or officials. Supp. No. 47 1359 § 23-8 ATLANTIC BEACH CODE Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground cover, or woody vegetation. Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to increase usefulness, beauty and vigor. Pruning standard shall mean the following: American National Standard Institute, Standard for Tree Care Operations—Tree, Shrub and Other Woody Plant Maintenance— Standard Practices (ANSI A300, current edition); American National Standard Institute, Safety Standards for Tree Care Operators (ANSI Z133.1, current edition); National Arborist Association Pruning Standards for Shade Trees (current edition). Regulated tree shall mean any tree as follows: (1) Private regulated tree shall mean any tree on private property, except those species listed on the Atlantic Beach Prohibited Species List, meeting the following condi- tions: a. A DBH of eight (8) inches or more. (2) Public regulated tree shall mean any tree on public property, except those species listed on the Atlantic Beach Prohibited Species List. Regulated vegetation shall mean vegetation located within any area designated as an "environmentally sensitive area," as defined by the City of Atlantic Beach Comprehensive Plan including, but not limited to, all wetlands, all beach and dune areas seaward of the coastal construction control line, and all areas designated as conservation on the future land use map. Shade tree shall mean any self-supporting woody plant of a species that is generally well -shaped, well -branched, and well -foliated which normally grows to a minimum average height of at least thirty-five (35) feet with a minimum average mature crown spread of at least thirty (30) feet, and which is commonly accepted by local horticultural and arboricul- tural professionals as a species which can be expected to survive for at least fifteen (15) years in a healthy and vigorous growing condition over a wide range of environmental conditions. Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb by its persistent and woody stems and from a tree by its low stature and habit of branching from the base. Site shall mean the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels intended for development under a common scheme or plan. Stop work order, as used in this chapter, shall mean an order from the designated administrative official to immediately halt all vegetation and tree removal, any form of site or soil disturbance, or other activity with potential to impact trees or vegetation regulated by this chapter. Supp. No. 47 1360 • • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-8 Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other means of ingress or egress, regardless of the term used to describe it. Tidal marsh shall mean a marsh found along rivers, coasts, and estuaries which floods and drains by the tidal movement of the adjacent estuary, sea, or ocean. Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk DBH of at least three (3) inches or more and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees shall be classified as follows: (1) Large: Having an average mature height of fifty (50) feet or more. (2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (50) feet. (3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty (30) feet. • Tree conservation fund (tree fund) shall mean an account established by the city to provide an opportunity to make equivalent value cash payment to the city in lieu of providing the required landscape or tree stock on a site. Tree protection plan shall mean the plan required pursuant to this chapter, identifying and showing the location, type, size and health of existing trees, stating the ultimate disposition of the trees, showing the type, size and location of any trees to be planted and setting forth measures to protect trees before, during and after construction. Tree protection zone shall mean the area located around the perimeter of the dripline of a tree m which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles, or any other activity that in the opinion of the administrator may damage the tree. At the discretion of the administrator, the tree protection zone may be reduced for trees located on smaller lots in order to reasonably protect the tree and facilitate construction on the development parcel. Tree removal shall mean any act that physically removes the tree or its roots from the earth or causes a tree to die including, but not limited to, changing the natural grade above or below the root system or around the trunk or improper pruning where the natural form of the tree is permanently changed and results in tree death or decline. Tree or vegetation removal permit shall mean the written authorization issued by the city to proceed with vegetation or tree removal in accordance with the provisions of this chapter, which may include mitigation requirements and other terms and conditions as needed to create consistency with this chapter. The terms permit, tree permit, vegetation removal permit or tree removal permit may be used interchangeably as appropriate to the context. Supp. No. 47 1361 § 23-8 ATLANTIC BEACH CODE Tree technical manual (TTM) shall mean a manual, developed and maintained by the city, pursuant to this chapter, which contains the standards and specifications for sound arboricultural practices, techniques and procedures to be practiced within the city. Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and ground cover species not normally considered to be trees which exist in the area below the canopy of the trees, including any tree that is less than three (3) inches DBH. Vacant lot shall mean any property not previously developed with a structure of any kind or a property where all structures were removed more than twenty (20) years prior to the date of the tree/vegetation removal application. Variance. A variance shall mean relief granted from certain terms of this chapter. The relief granted shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief granted shall be in accordance with the provisions as set forth in section 23-25 of this chapter, and such relief may be subject to conditions as set forth by the City of Atlantic Beach. Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines, herbs and grasses, including marsh grasses and any coastal dune vegetation. Vegetation inventory shall mean a scaled drawing which delineates the location and common and/or scientific name of vegetation upon a parcel of land, including trees greater than three (3) inches DBH and palms with an overall height of more than eight (8) feet. If necessary, a survey or other professionally prepared document, certified as appropriate, may be required as part of the vegetation inventory. Viable shall mean having the capacity to live and. develop. Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a desired plant. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Secs. 23-9, 23-10. Reserved. ARTICLE III. TREE AND VEGETATION REGULATIONS AND PERMITS DIVISION 1. IN GENERAL Sec. 23-11. Scope. The provisions of this chapter shall be administered as set forth within this chapter. Administrative procedures, authorities and responsibilities of the city commission and the administrator are set forth herein. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Supp. No. 47 1362 • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-13 DIVISION 2. ADMINISTRATION Sec. 23-12. City commission. The city commission shall have the following authorities and responsibilities: (1) To establish fees and fines related to the administrative costs of carrying out the requirements of this chapter. (2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of growing and maintaining the city's maritime forest. (3) To amend this chapter as may be needed to accomplish the stated purpose and intent of this chapter. (4) To hear and decide appeals where it is alleged there is an error in any order, requirement or decision made by the community development board in the implementa- tion of this chapter. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-13. Administrator. The administrator shall have the following authorities and responsibilities: (1) To accomplish all administrative actions required by this chapter, including issuance of proper notices; receipt and review of applications; issuance of tree and vegetation removal permits; receipt and processing of appeals and any stop work orders. (2) To maintain all records relating to this chapter and its administration. (3) To provide written instructions to applicants related to the required process for applications as required by this chapter. (4) To receive, process and make administrative determinations on all applications for tree and vegetation removal permits as set forth in section 23-23. (5) To refer applications for tree and vegetation removal to other departments and agencies for comment, as set forth in section 23-23, as may be needed. (6) To conduct field inspections as needed to make determinations related to tree and vegetation protection or removal. (7) To review preliminary development plans, applications for certain building permits, including site and lot plans with appropriate city staff, to determine whether proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this chapter. (8) To recommend to the city commission projects consistent with the purpose and intent of this chapter, with a written statement outlining the costs and benefits of such projects. Supp. No. 47 1363 § 23-13 ATLANTIC BEACH CODE (9) To recommend to the city commission amendments consistent with the implementa- tion of the purpose and intent of this chapter, with a written statement outlining the need for such changes. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-14. Tree conservation fund. (a) Establishment of tree fund. The city commission hereby recognizes and reaffirms the prior establishment of the tree conservation fund ("tree fund") for the purposes of accepting and disbursing monies paid to the city as part of tree mitigation and any other funds deposited with the city for the purpose of tree and vegetation conservation and protection. This fund shall be used solely for the planting of trees, the protection and conservation of existing trees where appropriate, or the re-establishment of vegetative resources in the city and any other ancillary costs associated with such activities, provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the particular project. (b) Terms of existence. The tree fund shall be self-perpetuating from year to year unless specifically terminated by the city commission. (c) Tree fund assets. All funds received shall be placed in trust for and inure to the public use and environmental benefit of the city. Said funds shall be used and distributed as designated by the city commission. (d) Tree fund administration. (1) Tree funds shall be used only for the purposes designated by the city commission in accordance with the intent of this chapter and the applicable goals, objectives and policies as set forth within the comprehensive plan. (2) All mitigation funds collected pursuant to this chapter shall be deposited into the tree fund, which shall be a separate account established and maintained apart from the general revenue fund of the city. (e) Disbursal of tree fund assets. (1) Expenditures for projects funded by the tree fund shall be made in accordance with the established purchasing procedures of the city. The environmental stewardship committee (ESC) shall review and make recommendations on the disbursal of tree fund assets to the city commission. The city commission shall have final approval on all disbursals of the tree fund assets. (2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation along public rights-of-way or on properties and lands in public use, or on lands owned by homeowners or property owners associations, or on other private property provided the trees are planted within the front yard setback areas or, in the case of corner lots only, the required side yard setback areas which adjoin a public right-of-way that will provide needed shade, aesthetic enhancement or the re- establishment of tree canopy in neighborhoods and along public roadways. For trees Supp. No. 47 1364 • • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-22 planted on private property, the property owner shall be responsible for maintaining the health of the tree(s). Should the administrator become aware of any tree dying or being in a state of decline within three (3) years of being planted, the property owner shall be required to replace the tree within sixty (60) days of that determination. Secondarily, funds may be used for purchase of landscape materials or equipment necessary and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems on any public land in the city, or for the funding of community educational programs which promote, enhance or implement the goals and objectives established in this chapter. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Secs. 23-15-23-20. Reserved. DIVISION 3. PERMITS Sec. 23-21. Permits required by this chapter. Unless specifically exempted within following section 23-22, permits are required for removal of regulated trees and vegetation on all lands within the City of Atlantic Beach. The permit requirements are not intended to restrict or adversely affect a property owner's rights under constitutional or statutory law, or otherwise preempt applicable Florida Statutes. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-22. Exemptions from the requirement for a permit. In addition to the provisions of section 23-21, the following activities shall be exempt from the requirements to apply for and receive a tree or vegetation removal permit. The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The administrator may require consultation with or documentation from a certified arborist to verify certain conditions. (1) Emergency situation. The removal of trees destroyed or severely damaged during or immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature) shall be granted an exemption when the administrator determines that normal permitting requirements will hamper private or public work which will compromise public safety. (2) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and general welfare shall be granted an exemption upon inspection and determination by the administrator that immediate removal without delay is required. Supp. No. 47 1365 § 23-22 ATLANTIC BEACH CODE (3) Diseased or pest -infested trees. The removal of diseased or pest -infested trees shall be granted an exemption upon inspection and determination by the administrator, a forester, or an arborist that removal is needed for the purpose of preventing the spread of disease or pests. (4) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC), the Atlantic Beach Prohibited Species List, or some other recognized authority, shall be granted an exemption upon inspection and verification by the administrator, a forester, or an arborist. (5) Utility operations. The pruning and/or removal of trees or understory vegetation by duly authorized communication, water, sewer, electrical or other utility companies or federal, state, county or city agencies, or engineers or surveyors working under a contract with such utility companies or agencies, shall be exempt, provided the removal is limited to those areas necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utility service to its customers, and provided further that the activity is conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior notice to the city before commencing such work. (6) Surveyors/engineers. The pruning of trees and/or removal or understory vegetation by a Florida -licensed land surveyor or engineer in order to provide physical access or view necessary to conduct a survey or site examination for the performance of professional duties related to land surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a swath of ten (10) feet or less in width. Any pruning or removal of trees or vegetation shall be as minimal as possible at the direction of the administrator. However, any land clearing for the purpose of surveys shall not authorize the removal of any regulated trees or regulated vegetation. (7) City crews. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public rights-of-way, within any utility or drainage easements or within the illumination areas of street lights, and other public lands as may be necessary, and shall not be subject to mitigation assessment. The city shall not have the responsibility to maintain, prune or remove any damaged, dead or diseased trees on any private property within the city. (8) [Exemptions.] Applicable exemptions in accordance with Florida Statutes. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-23. Permits procedures. (a) Application required. The applicant for a tree or vegetation removal permit shall submit the established fee along with the application form as created and provided by the city to the designated administrative department. The application shall contain all required Supp. No. 47 1366 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-23 narrative and graphical information necessary to determine compliance with this chapter. If the applicant is not the property owner, proper owner's authorization shall also be required. (1) Existing lots or parcels. When a tree or vegetation removal permit is required, applications for tree or vegetation removal shall be made prior to removal and prior to any site disturbance or grading on a lot or parcel. (2) New or re -platted subdivisions. Applications for tree or vegetation removal that will be part of a new subdivision plat or a re -plat shall be submitted along with the preliminary subdivision plat application so that due consideration may be given to the protection of regulated trees and regulated vegetation during the site planning and subdivision process. Trees to be protected shall be noted on the final subdivision plat, and subsequent applications for individual lots or parcels shall be consistent with the approved final subdivision plat, or application for a new tree removal permit shall be required. (3) After -the -fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after -the -fact permit, and meet mitigation requirements as assessed. (b) Sufficiency review of applications. (1) Upon receipt of the application and appropriate fee, the administrator shall conduct a preliminary review within five (5) business days to determine that all required information has been submitted and is sufficient for review purposes. The applicant shall be notified of any deficient items. Upon submittal of deficient or missing information, the administrator shall again review the application. If the requested information has not been provided or is insufficient, the applicant shall be notified in writing that no further review will be performed until the requested information is provided and found to be sufficient. (2) The administrator shall upload all tree permit applications to the city's website within three (3) days of being deemed sufficient in accordance with this section. (3) The ESC tree subcommittee may review any permit application for compliance with this chapter and may provide recommendations to the administrator regarding the permit application. (4) One (1) member of the ESC tree subcommittee may accompany the administrator on the initial site inspection as an observer. The subcommittee member must make the request to attend the initial site inspection as an observer within three (3) business days of the permit being uploaded to the city's website. The subcommittee member shall not interact with the property owner or the property owner's agents during the site inspection and shall stay in the vicinity of the administrator during the inspection. The subcommittee member shall be provided twenty-four (24) hours' notice prior to the time of the site inspection. If multiple requests are made by Supp. No. 47 1367 § 23-23 ATLANTIC BEACH CODE subcommittee members to accompany the administrator on the initial site inspec- tion, the administrator shall select the first subcommittee member who submits a request in writing. (5) The administrator may refer the application to other city department(s), the ESC tree subcommittee, or a consultant during preliminary review. The applicant shall be notified if extended review by other departments and/or professionals is required. (6) An application shall be deemed abandoned thirty (30) days after the date the administrator notifies the applicant of any deficiencies contained in the application if the applicant has failed to submit all of the deficient or missing information. The administrator may, upon written request and justification by the applicant, grant not more than one (1), thirty -day extension. At the expiration of the extension, the application shall automatically become null and void. In such cases, the application review fees will not be refunded. (c) Review by other agencies. At the discretion of the administrator, relative to the environmental sensitivity of the site, appropriate written sign -offs, permits or consents from the agencies listed below which have jurisdiction may be required prior to regulated tree or regulated vegetation removal from sites contiguous to or containing environmentally sensitive areas or lands. The applicant shall obtain the written approvals, permits, or consents and submit the agencies' written verification to the city: (1) Army Corp of Engineers (ACOE); (2) Saint Johns River Water Management District (SJRWMD); (3) Florida Department of Environmental Protection (FDEP); (4) Any other applicable governmental agencies extending jurisdictional controls over the site. (d) Compliance review and approval of applications. When the administrator's applica- tion review process and inspections have been completed, the administrator shall distribute a notice of intent to issue a tree permit to the applicant and all members of the ESC tree subcommittee, including the alternate member and upload the draft permit to the city's website. The permit shall be effective five (5) business days after the notice of intent is distributed, unless a timely appeal is filed. (e) Expiration of permits. Work pursuant to the permit shall commence within six (6) months of the date of issuance, or the permit shall expire. If the tree removal permit is in connection with a development permit, compliance with the tree removal permit shall be determined before the applicable development permit's final inspection, or issuance of certificate of completion or certificate of occupancy, as applicable. (f) Content of permits. The permit shall be issued in such form as may be prescribed by the administrator and shall set forth in detail the conditions upon which the permit is granted and specifically identify which land areas shall be cleared and/or which trees shall be permitted to be removed. One (1) permit may cover several trees or groups of trees as long Supp. No. 47 1368 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-23 as the trees or groups of trees can be clearly identified thereon; provided, however, no permit may be issued for more than one (1) lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one another and considered as one (1) parcel for the purpose of development. (g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of the property by the applicant prior to any tree removal. The permit shall remain posted on the property during all applicable tree and vegetation removal activity and until final inspection by the city. It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all times. (h) Amendment of permits. Requests for minor changes to approved plans shall be made as an amendment to the applicable permit. Additional information submitted with a request for permit amendment shall be adequate to fully document the nature of the proposed change and the effect it will have on all aspects regulated by this chapter. All plans, reports, calculations, and other information affected by the proposed amendment shall be updated so as to maintain an accurate record of the development activity. Review time for any changes to plans approved for a permitted site shall be the same as specified for the review of a new application. An amendment to a permit shall not automatically extend the expiration date. Substantial changes, including significant increases in the number of trees to be removed or land to be cleared, increases in impervious surface area, changes to intended land use, modification of stormwater management systems, or any other change that constitutes a major modification to a site plan or subdivision, new phases of development or other additions, shall not be treated as amendments, but shall require a new permit application and fee. (i) Revocation of permits. (1) By administrator. The administrator may revoke any permit issued pursuant to this chapter, following notice in writing to the permittee and after providing the permittee opportunity to respond to the notice, in either of the following circumstances: a. The administrator finds that the permittee has continued with any develop- ment activity on a site for which a permit was issued, while the site is under a stop work order which has not been reversed, canceled or suspended pursuant to this chapter, except for specified remedial work required to bring the violation into compliance with the approved permit; or b. If the administrator finds that the approval of the permit was based on incorrect information furnished by the applicant for the permit. Based upon such finding, however, the administrator may make reasonably necessary accommodations to the conditions of a permit in lieu of revoking it. (2) Discontinuance of work. Revocation of a permit may also result in a stop work order in accordance with section 23-48. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Supp. No. 47 1369 § 23-24 ATLANTIC BEACH CODE Sec. 23-24. Inspections and site preparation. (a) Inspections. The following inspections shall be conducted in conjunction with all development activities subject to the requirement for a tree or vegetation removal permit. (1) Initial inspection. The administrator shall conduct an initial inspection of the site prior to approval of any application. (2) Protective barricade inspection. A protective barricade inspection shall ensure proper installation of measures prior to the initiation of any other development activity where required as a condition of the permit. (3) Final inspection and notice of completion. A final inspection and notice of completion shall occur when all development activities permitted for the site have been completed. No certificate of occupancy shall be issued, nor any building or premises occupied, unless and until the administrator has determined after final inspection that all work, including land clearing, regulated tree or regulated vegetation removal, tree protection and tree replacement, has been done in accordance with the approved permit and plan. (4) Maintenance inspections. The administrator shall have the authority during the required three (3) year maintenance period to conduct on-site maintenance inspec- tions subsequent to final inspection and notice of completion, and to require correction of all deficiencies and violations in accordance with this chapter. (b) Site preparation. Prior to requesting initial and/or protective barricade inspection, the applicant shall prepare the site with proper staking and taping as necessary to allow the administrator to locate and identify the lot or parcel to be inspected; to determine the building site; to locate the proposed buildings or other proposed structures or improvements that will disturb vegetation, and to ensure clear understanding between the property owner, contractor, administrator and other inspectors that may be involved. (1) The address or legal description of the property shall be displayed in a conspicuous manner. (2) The property corners shall be marked according to survey with wooden stakes. Each stake shall be flagged with surveyor's tape or with bright colored paint. Any property crossed by the coastal construction control line shall have that line marked on the ground with conspicuous wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled "CCCL". (3) All trees to be preserved during development activities, including vital root systems, shall be barricaded according to a tree protection plan consistent with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part. (4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint. Supp. No. 47 1370 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-25 (5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or green surveyor's tape or paint. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-25. Appeals and variances. (a) Appeals. Appeals of final decisions by the administrator made under the authority of this chapter may be made by the applicant, any member of the ESC tree subcommittee, or an adversely affected party in accordance with the following provisions. Any appeal filed pursuant to this section shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the appropriate administrative official certifies that a stay would cause imminent peril to life or property. (1) Appeals of a final action or decision by the administrator shall be filed in writing with the administrator within five (5) business days after rendition of the decision or final order being appealed. Upon receipt of a timely filed appeal, the administrator shall place the matter on the agenda of the next ESC tree subcommittee meeting within a reasonable period of time with proper public notice, as well as due notice to interested parties. The ESC tree subcommittee shall review the application for compliance with the requirements of chapter 23 and shall, by majority vote, recommend that the administrator either approve, approve with conditions, or deny the appeal. If the appellant is a member of the ESC tree subcommittee, that member shall not participate in the decision. The administrator shall issue or deny the permit within five (5) business days after the ESC tree subcommittee meeting. (b) Variances. The community development board is authorized to grant relief from the strict application of this chapter where, due to an exceptional situation, adherence to the regulations of this chapter results in "exceptional practical difficulties or undue hardship" upon a property owner. The community development board must determine that granting the request will not cause substantial detriment to the public good and will not be inconsistent with the general intent and purpose of this chapter. The applicant has the burden of proof. Any request for a variance pursuant to this section shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the appropriate administrative official certifies that a stay would cause imminent peril to life or property. (1) A request for a variance shall be submitted on an application form as provided by the city and shall contain each of the following: a. A legal description of the property for which the variance is requested. b. A reasonable statement describing the reasons and justification for the variance. c. A survey or site plan indicating existing, removed, and/or proposed trees; existing and proposed construction, as well as other significant features existing on the lot. Supp. No. 47 1371 § 23-25 ATLANTIC BEACH CODE d. The signature of the owner, or the signature of the owner's authorized agent. Written and notarized authorization by the owner for the agent to act on behalf of the property owner shall be provided with the application. (2) Upon receipt of a complete and proper application, the administrator shall within a reasonable period of time schedule the application for a public hearing before the community development board following the required public notice as set forth in section 24-51. At the public hearing, the applicant may appear in person and/or may be represented by an authorized agent. a. Applications for a variance shall be considered on a case-by-case basis and shall be approved only upon findings of fact that the application is consistent with the definition of a variance and consistent with the provisions of this section. b. Variances shall not be granted solely for the personal comfort or convenience, for relief from financial circumstances, or for relief from situations created by the property owner. (3) Grounds for approval of a variance. The community development board shall find that one (1) or more of the following factors exist to support an application for a variance: a. Existing topographic elevation changes that would result in the likelihood that preserved or planted materials would not survive. b. Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. c. Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. d. Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation areas and/or trees. In the event the community development board finds that none of the above exist, then the community development board shall deny the variance. (4) Approval of a variance. To approve an application for a variance, the community development board shall find that the request is in accordance with the preceding terms and provisions of this section and that the granting of the variance will be in harmony with the purpose and intent of this chapter. In granting a variance, the community development board may prescribe appropriate conditions in conformance with and to maintain consistency with city Code. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to established code enforcement procedures. (5) Approval of lesser variances. The community development board shall have the authority to approve a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms and provisions of this section and with the purpose and intent of this chapter. Supp. No. 47 1372 e • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-26 (6) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings shall not be grounds for approval of a variance. (7) Waiting period for re -submittal. If an application for a variance is denied by the community development board, no further action on another application for substantially the same request on the same property shall be accepted for three hundred sixty-five (365) days from the date of denial. (8) Time period to implement variance. Unless otherwise stipulated by the community development board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the date of approval of the variance. The planning and community development director, upon finding of good cause, may authorize a one-time extension provided that an associated building permit is active. (9) Appeals of a decision by the community development board related to this chapter may be made to the city commission by any adversely affected person(s), any officer, board or department of the city affected by any decision of the community development board made under the authority of this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the final order, requirement, decision or determination being appealed. The appellant shall present to the city commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in violation of this chapter, in whole or in part, and specifying the grounds of the conflict or violation. A duly noticed public hearing, which shall be de novo, will be held by the city commission at a date and time set by the city manager or his/her designee, shall be scheduled within ten (10) business days from the date the appeal is filed. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-26. Fees. (a) Application fees. The city commission hereby establishes the following fees related to the administrative costs of carrying out the requirements of this chapter. These fees shall be payable to the city upon submittal of an application for approval, amendment, or extension of a permit required by this chapter, or for each required re -inspection, or when a final action or decision by the administrator is appealed. Applications for tree and vegetation removal related requests shall not be considered as complete applications until such time as required fees have been paid in full. (1) Tree and vegetation removal permit application. The tree and vegetation removal permit application fee shall cover the processing and review of the application as well as one (1) initial inspection, one (1) protective barricade inspection, one (1) final inspection and one (1) maintenance inspection per year. Any additional inspections required due to inadequate site preparation or reports of violation of the provisions of this chapter will be charged a reinspection fee as provided below: a. Single- or two-family residential uses (per lot) b. 125.00 Multifamily residential uses 250.00 Supp. No. 47 1373 § 23-26 ATLANTIC BEACH CODE c. Commercial or industrial uses 250.00 d. Institutional and any other uses 250.00 (2) Extensions 50.00 (3) Appeals 125.00 (4) Variances 300.00 (b) Reinspection fees. 50.00 (c) Research or extensive time fees (per hour) 50.00 (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Secs. 23-27-23-29. Reserved. DIVISION 4. GENERAL PROVISIONS Sec. 23-30. Minimum tree requirements. These minimum tree requirements shall apply to all property within the city. Credit will be given for trees on the Atlantic Beach Recommended Species List, but none will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-176 of this Code of Ordinances also provides additional landscaping requirements for nonresidential uses. (1) Residential uses. For each parcel upon which a single-family, two-family or multifam- ily dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature: One (1) minimum four -inch caliper tree shall be planted and/or preserved for every two thousand five hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom preserve areas and water bodies. Of the minimum required trees, at least one (1) tree shall be a shade tree planted or preserved within the required front yard. A cluster of three (3) palm trees, subject to other conditions of this chapter, may be used to meet the requirements of a single shade tree within required front yards on oceanfront lots only. (2) Commercial uses. For each parcel upon which a commercial structure or associated accessory use is proposed, or where the primary activity is commercial in nature: One (1) minimum four -inch caliper tree shall be planted and/or preserved for every eight thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (3) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is proposed, or where the primary activity is industrial in nature: One (1) minimum four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. Supp. No. 47 1374 • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-32 (4) Public/semi-public (governmental or institutional) uses. For each parcel upon which a government structure or associated accessory use is proposed, or where the primary activity is public/semi-public in nature: One (1) minimum four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-31. General prohibitions. Except as provided in sections 23-21 and 23-22, the following general prohibitions shall be applicable. (a) Excessive or improper pruning. It shall be unlawful for any person to engage in excessive or improper pruning techniques on trees required pursuant to an approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. (b) Pruning or removal of city trees. It shall be unlawful for any person to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit. (c) Tree poisoning, girdling, or spiking. It shall be unlawful for any person to subject a tree to any danger from poison or reactive material, from girdling with wire, cable or similar material, or from inserting metal or chemicals into a tree. (d) Attachments. It shall be unlawful for any person to attach anything, including signs, permits, nails or spikes that may be injurious or cause damage, to a tree. Exceptions are protective wires, braces or other devices used to support a tree. (e) Unauthorized clearing of lots. It shall be unlawful for any person to clear the trees from any lot such that the minimum requirements of section 23-30 are not maintained. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-32. Tree protection during development and construction. It is the intent of this section that on all properties under development, regardless of whether or not a tree removal permit is required, the property owner(s) and their agent(s) shall ensure that the measures described in this section are complied with in order to protect all regulated trees that may be impacted by the development activities. (a) Restrictions during construction. (1) Placement of materials, machinery, or temporary soils. It shall be unlawful for any person(s) to cause or allow the storage of construction materials, the passing of or use of heavy equipment or machinery, or the temporary storage of soil deposits within the tree protection zone of any regulated tree or group of trees to be preserved. Supp. No. 47 1375 § 23-32 ATLANTIC BEACH CODE (2) Disposal of waste materials. It shall be unlawful for any person(s) to cause or allow the disposal of waste materials such as paint, oil, solvents, asphalt, concrete, or mortar on any private property. Further, any of these or other materials that may be harmful to the life of a regulated tree may not be allowed to sit on or enter the soil within the tree protection zone or where planting beds are to be situated. (b) Burden of tree protection on property owner. The property owner(s) and their agent(s) shall ensure that any tree shown on the vegetation inventory for which a tree removal permit has not been obtained is to be protected. The property owner shall guarantee survival of preserved, relocated, and replacement trees for no less than three (3) years from the date the city accepts the trees and landscaping as complete, unless a greater time period is required by a development order. If a preserved, relocated or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action as required by this chapter. (c) Protective barriers and signage required. Protective barriers and signage shall be installed around every tree or group of trees to be preserved prior to commencement of construction, in compliance with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to imple- ment this part. (1) Temporary protective barriers shall be placed at least six (6) feet from the base of any tree, and shall encompass at least fifty (50) percent of the area under the dripline of any tree or trees to be preserved or retained for mitigation credit, unless otherwise approved by the administrator. (2) Temporary protective barriers shall be at least three (3) feet high, and shall consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet apart with a two-by-four minimum top rail, or a mesh fence, or other similar barrier which will limit access to the protected area, unless otherwise approved by the administrator. (d) Adjacent properties. The property owner(s) and their agent(s) shall ensure protective barricading of all regulated trees located on adjacent properties, that have root or branch systems that encroach upon the subject property, and that may potentially be impacted by development activities. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-33. Mitigation to be assessed. (a) Mitigation required. Replacement or relocation shall be the preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of the tree or vegetation removal permit. Supp. No. 47 1376 • • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-33 (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches removed (first number) are proportional to the number of inches required to be replaced, relocated or preserved (second number): TABLE 1. STANDARD MITIGATION ASSESSMENT CLASSIFICATION OF PROPERTY/PROJECTS Vacant lot" Developed lot' New constructions Public property Environmentally sensitive areas" Historic corridors Diameter at breast height (DBH) less than fourteen (14) inches Ratio is expressed as inches removed: inches owed 1:0.5 1:0.5 1:1.5 1:1.5 CATEGORY OF REGULATED TREE Diameter at breast height (DBH) equal to or greater than fourteen (14) inches and less than thirty (30) inches Ratio is expressed as inches removed: inches owed 1:0.5 1:1 1:2 1:2 1:2 1:2 1:2 1:2 Diameter at breast height (ABH) of thirty (30) inches or greater Ratio is expressed as inches removed: inches owed 1:1 1:2 1:3 1:3 1:3 1:3 Heritage Ratio is expressed as inches removed: inches owed 1:2.5 1:3 1:4 1:4 1:4 1:4 Where a property falls under the definition of a vacant lot and new construction, the mitigation requirements for a vacant lot shall apply. 'Vacant lot shall mean any property not previously developed with a structure of any kind or a property where all structures were removed more than twenty (20) years prior to the date of the tree removal application. 'Developed lot shall mean any parcel upon which any building, structure, pavement or stormwater facility exists or is proposed but which does not fall under the definition of new construction or vacant lot. 3New construction shall mean the construction of a new principal building. For the purposes of this chapter, this definition does not include construction proposed on vacant lots. This definition shall include construction proposed on lots that have an active permit for demolition of the principal building; lots where the principal building has been demolished but no building permit for a new principal building has been issued; and where trees are proposed to be removed or relocated in preparation for demolition or development of a principal building. "Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach which meet one (1) or more of the following criteria: (a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of Environmental Protection (FDEP), the U.S. Army Corps of Engineers, or the St. Johns River Water Management District (SJRWMD); (b) Estuaries or estuarine systems; (c) Outstanding Florida Waters as designated by the State of Florida and natural water bodies; (d) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach and dune areas seaward of the coastal construction control line; (e) Areas designated as conservation on the future land use map; (f) Essential habitat to listed species as determined by approved methodologies of the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the U.S. Fish and Wildlife Service, and the FDEP. Supp. No. 47 1377 § 23-33 ATLANTIC BEACH CODE 'Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special historic, architectural, or cultural value to the citizens of the city as declared by the city commission. (c) General conditions. Mitigation shall be in the form of preservation of existing trees, successful relocation of existing trees, replacement with new trees, or payment into the tree fund as authorized by this chapter shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval if it is in association with a development permit. The applicant assumes all duties, risks and costs associated with mitigation. (d) Tree preservation. Only residentially zoned parcels that currently have an active building permit for a new principal building may receive preservation credit in accordance with following. For each existing onsite trees that is a designated maritime species, as defined in this chapter, and that is fourteen (14) inches DBH or greater that is preserved onsite, the total number of inches required for mitigation shall be reduced by twenty-five (25) percent, up to a maximum reduction of fifty (50) percent or forty (40) inches, whichever is less. For example, if one hundred (100) inches of mitigation is required and one (1), twenty -inch DBH live oak tree is preserved on-site the required mitigation would be reduced by twenty-five (25) percent to seventy-five (75) total inches of mitigation required. (e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater that are relocated and that would otherwise be removed from the site because of development may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if relocated onsite. (f) Tree replacement. (1) Replacement quality and size. To help ensure that they grow to maturity quickly, new replacement trees shall be the same quality of "Florida Number One", as defined in the most current edition of the Grades and Standards for Nursery Plants, published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry. a. Oaks shall have a minimum four -inch caliper and twelve -foot height at time of installation. b. All other new replacement trees shall have a minimum two-inch caliper and ten -foot height at time of installation. c. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation. d. New replacement shade trees shall be of a species typically yielding an average mature crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen from the Atlantic Beach Recommended Species List. Upon approval of the administrator, alternate species not appearing on the recom- mended list may be utilized, but in no case shall trees from the Atlantic Beach Prohibited Species List, also maintained and published by the city, be utilized for mitigation credit. Supp. No. 47 1378 • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-33 e. In the event that a property cannot reasonably accommodate required mitiga- tion on site, the property owner can get replacement credit for planting trees on an immediately adjacent neighbor's property. For vacant lots only, the property owner may get replacement credit for planting trees on any private property within one-quarter (1/4) mile of the vacant lot. This shall only be done as an alternative to payment into the tree fund when it can be proven that a site cannot fit required replacement plantings. A signed letter from the property owner accepting off-site mitigation plantings and maintenance obligations shall be attached with the tree permit application. Atlantic Beach Recommended Species List. Replacement trees shall [be] selected from the following list. This list was created based on hardiness, disease and pest resistance, availability, and size variance. No mitigation credit will be approved for trees that are not on this list, unless approved by the administrator. CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST SHADE TREES Common Name Ash, Green Ash, Water Bay, Loblolly Cedar, Southern Red Cypress, Bald Cypress, Pond Elm, American Elm, Florida Hickory, Mockernut Hickory, Pecan Hickory, Pignut Hickory, Water Loquat, Japanese Plum Magnolia, Southern Magnolia, Sweetbay Maple, Florida Maple, Red Oak, Live Oak, Shumard Red Oak, Swamp Chesnut 1Pine, Loblolly Pine, Long -leaf Pine. Pond Supp. No. 47 1379 Botanical Name Fraxinus pennsylvanica Fraxinus caroliniana Gordonia lasianthus Juniperus silicicola Taxodium distichum Taxodium ascendens Ulmus americana Ulmus american floridana Carya Tomentosa Carya illinoensis Carya glabra Carya aquatica Eriobotrya japonica Magnolia grandiflora Magnolia virginiana Acer barbatum Acer rubrum Quercus virginiana Quercus shumardii Quercus michauxii Pinus taeda Pinus palustris Pinus serotina § 23-33 ATLANTIC BEACH CODE ICommon Name I Pine, Slash 1Sugarberry Sweetgum Sycamore Tupelo Common Name Palm, Cabbage Palm, Canary Island Date Palm, Pindo Palm, Sylvester Date Palm Palm, Washington Botanical Name Pinus elliottii Celtis laevigata Liquidambar styraciflua Platanus occidentalis 1Nyssa sylvatica PALM TREES Botanical Name Sabal palmetto Phoenix canariensis Butia capitata Phoenix sylvestris Washingtonia robusta UNDERSTORY OR ORNAMENTAL TREES ICommon Name 1Cedar, Red Crape Myrtle Elm, Winged Holly, American Holly, Dahoon Holly, East Palatka Holly, Yaupon Oak, Myrtle Oak, Sand Live Podocarpus, Yew Privet, Glossy Privet, Japanese Redbud Wax Myrtle (2) Selection criteria. Botanical Name Juniperus virginiana Lagerstroemia indica Ulmus alata Ilex opaca Ilex cassine Ilex attenuata Ilex vomitoria Quercus myrtifolia Quercus geminata Podocarpus macrophyllus Ligustrum lucidum Ligustrum japonicum Cercis canadensis Myrica cerifera a. All oaks removed pursuant to a permit shall be mitigated with the preservation, relocation, or planting of oaks, unless payment is made to the tree fund in accordance with section 23-37. Replacement credit for oaks shall be limited to the species of oak trees listed on the Atlantic Beach Recommended Species List. Upon approval of the administrator, hardwood species yielding similar canopy may be used to mitigate removed oaks. Supp. No. 47 1380 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-33 b. The planting or relocation of palm trees may only be used as mitigation for removed palm trees. c. When a Designated Maritime Species is removed, mitigation credit shall only be given for the planting, preservation, or relocation of a Designated Maritime Species. This shall not be limited to the exact same species. When a Designated Maritime Species is removed, at least twenty-five (25) percent of mitigation shall be provided on site in the form of replacement. Incentive credit shall be granted for the use of Designated Maritime Species when replacing regulated trees that are not a Designated Maritime Species. The incentive credit is equal to two (2) times the normal replacement credit. For example, if one(1), ten -inch DBH southern magnolia tree is removed, any tree(s) planted for mitigation credit must be one (1) of the Designated Maritime Species. However, if one (1), ten -inch palm tree is removed, any tree planted for mitigation credit that is a Designated Maritime Species will receive double credit (i.e. one (1), four -inch caliper live oak will receive eight (8) inches of mitigation credit). (3) Placement criteria. a. Avoidance of underground utilities. No trees except those with a normal mature height of less than thirty (30) feet may be planted within five (5) linear feet of the centerline of any utility easement. b. Avoidance of aboveground utilities and public facilities. No trees may be planted closer than the following distances to any curbs, curb lines, sidewalks or aboveground utilities than the following, except for plans demonstrating no conflict with existing aboveground utilities or public facilities, and approved by the administrator: 1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall have a minimum setback of three (3) feet. 2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall have a minimum setback of six (6) feet. 3. Large trees with normal mature height of fifty (50) feet or more shall have a minimum setback of ten (10) feet. c. Spacing. The following spacing requirements shall serve as general guidelines for the optimal growth and viability of trees, though trees may be planted closer together upon approval of the administrator: 1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be spaced at least ten (10) feet. 2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be spaced at least twenty (20) feet. 3. Large trees with normal mature height of fifty (50) feet or more shall be spaced at least thirty (30) feet. Supp. No. 47 1381 § 23-33 ATLANTIC BEACH CODE 4. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing requirements of the largest tree. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-34. Maintenance and monitoring requirements. The property owner shall be responsible for maintaining the health of any preserved, relocated or replacement trees for three (3) years from the date of the final inspection approving the work. Failure to ensure the viability of the tree(s) is a violation of this chapter and subject to section 23-46. (1) Determination of success. The property owner shall analyze the condition of each tree, three (3) years after the tree was preserved, relocated or planted. This analysis shall be submitted to the city for inspection and approval within thirty (30) days of being made. Should any tree die or be in a state of decline within three (3) years of being preserved, relocated, or, the property owner shall be required to replace the tree within sixty (60) days of that determination. The three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that replacement tree is found not to be viable at the end of the second monitoring period, the property owner may pay the appropriate amount into the tree fund in lieu of planting a third replacement tree. If the property owner fails to replace the tree or to pay the appropriate amount into the tree fund within sixty (60) days, the property owner shall be in violation of this chapter. (2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees, or the planting of one hundred (100) or more replacement trees, the determination of success for the overall mitigation effort shall be based upon a percent survival rate. A successful project shall be one (1) in which ninety (90) percent or more of the newly planted or relocated trees are determined to be viable after a period of three (3) years. If a large-scale project is determined to be successful on this basis, additional replacement trees will not be required. If this success rate is not met, then section 23-34(1) shall apply. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-35. Elimination of undesirable species. (a) [Guidelines.] The natural vegetative communities existing within the city shall be protected by the control and elimination of non-native invasive species. To that end, the following guidelines shall apply: (1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for mitigation credit. Supp. No. 47 1382 • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-35 (2) Removal of non-native invasive species from nonresidential properties (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Procedures for the control and elimination of non-native invasive species shall in no way promote the proliferation of the species through the dispersal of seed or other means. (4) Procedures for the control and elimination of non-native invasive species shall in no way harm or cause the decline of desirable species that are to be preserved, planted or relocated. (b) Atlantic Beach Prohibited Species List. The following species or sub -species of trees are not regulated trees under this chapter, and are exempt from mitigation. The trees on this list shall not be accepted for mitigation credit. Australian pine Australian pine thicket Bischofia Brazilian pepper Camphor tree Carolina laurelcherry Carrotwood Castor bean Catclaw mimosa Chinaberry tree Chinese tallow Chinese wisteria Climbing cassia Earleaf acacia Golden Raintree Guava Jambolan Laurel fig Lead tree Melaleuca tree Mimosa tree Orchid tree Schefflera Seaside mahoe Shoebutton ardesia Strawberry guava Woman's tongue (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) casuarina cunninghamiana casuarina glauca bischofia javanica schinus terebinthifolius cinnamomum camphora prunus caroliniana cupaniopsis anacardioides ricinus communis mimosa pigra melia azedarach sapium sebiferum wisteria sinensis senna pendula acacia auriculiformis koelreuteria paniculata psidium guayava syzygium cimini ficus microcarpa leucanea leucocephala melaleuca quinquenervia albizia julibrissin bauhinia variegata schefflera actinophylla thespesia populnea ardisia elliptica psidium cattleianum albizia lebbeck Supp. No. 47 1383 § 23-36 ATLANTIC BEACH CODE Sec. 23-36. Elimination of contagious diseased and pest -infested trees. The natural and cultivated vegetative communities existing within the city shall be protected by the control and elimination of trees afflicted with rapid -spreading contagious diseases and pests. Upon identification and/or confirmation of such infection or infestation by a certified arborist, the city shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from the permit application requirements, as set forth in section 23-22. Further, mitigation shall not be required, provided however, the subject property is in compliance with minimum tree requirements, as set forth in section 23-30. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-37. Payment in lieu of replacement/relocation. It is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite. Payment , to the tree fund in lieu of replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved for cases where the ability to replace or relocate trees onsite is restricted by circumstances related to federal, state or local regulations and requirements including but not limited to conflicts with rights-of-way, utilities, stormwater facilities, septic fields and environmentally sensitive areas. The value to be paid into the tree fund shall be established and adopted by the city commission, and payments to the tree fund may be approved in accordance with the following provisions: (1) Applications for tree or vegetation removal permits for all uses and development shall replace or relocate required mitigation onsite, except in cases where the administrator finds, based upon the above stated conditions, that onsite mitigation is not possible. Upon approval of a mitigation plan by the administrator, a permit shall be issued by the administrator, and the remaining balance of the required mitigation shall be payable to the tree fund prior to permit issuance. (2) Where payment in lieu of preservation, relocation, or replacement is approved, as set forth in preceding subsections (1) or (2), the applicant shall pay the equivalent value of the portion not mitigated, to the city's tree fund. The approved mitigation payment shall be payable to the tree fund prior to permit issuance. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Secs. 23-38, 23-39. Reserved. DIVISION 5. AREAS OF SPECIAL CONCERN Sec. 23-40. Applicability. There exist within the city certain areas which contain trees or vegetation of special value and concern, or areas of such substantial social, cultural, historical, ecological, environmental or economic significance that they may warrant added measures of protection. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Supp. No. 47 1384 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-41 Sec. 23-41. Historic corridors and heritage trees. (a) Designation. The city commission may by resolution designate historic corridors or individual heritage trees. In doing so, the city commission shall specifically identify those streets, or portions thereof, or trees, which shall be so designated. Trees, tree groups, or landscape groups so designated may be marked by signs or markers of a type to be determined by the city commission. Said signs or markers shall contain the words "Heritage Tree" or "Historic Preserve Corridor" and shall denote the date of designation and the historic significance of the tree, tree group, or landscape group. Upon designation of corridors, professional tree surveys shall be obtained and placed in the public record. As of May, 2021 the only designated historic corridor is the public colonnade of palms in the city right-of-way on the east and west sides of both Ocean Boulevard and East Coast Drive from Atlantic Boulevard to Tenth Street. (b) Criteria. In considering whether a tree .shall be designated as a heritage tree, the city commission may consider the intrinsic value of the tree due to its age, size, species, and/or cultural, ecological or historical significance or some other contribution to the city's or a neighborhood's character. In considering whether roadways or portions thereof shall be designated as historic corridors, or when a private property owner desires to protect a colonnade on private property, the city commission may consider the following criteria: (1) The presence of historically or culturally significant tree coverage or landscaping, as individual plants or in groupings. (2) The presence of significant historic or architectural structures with associated tree coverage or landscaping. (3) Requests from private property owners may be made for colonnades on their property. In the event that colonnades on private property are designated as a historic corridor or a portion thereof, it shall be the responsibility of the private property owner to record a restrictive covenant as is necessary to make such designation binding on subsequent owners of their property. (c) Documentation. The administrator shall maintain a record of all historic corridor and heritage tree designations and their location shall be reflected on city maps as such. (d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within designated historic corridors, shall be at a higher rate than removal of nondesignated tree(s), as specified in section 23-33, as an extra measure to strongly encourage protection of such irreplaceable trees. (e) Effect of historic corridor designation. Trees, colonnades, and landscape areas along roadways, or portions thereof, which have been designated as historic corridors shall not be damaged, mutilated or removed from public or private property by any person or entity, public or private, without prior approval of the city commission, except in the event of an emergency. Removal shall be permitted in the following conditions: (1) When safety of the general public or adjacent residents or property is threatened by such historic trees; or Supp. No. 47 1385 § 23-41 ATLANTIC BEACH CODE (2) Removal is necessary for ingress to and/or egress from the property; or (3) Special circumstances exist, such as necessity of handicap accessibility, which require removal; or (4) There is another similar valid, legitimate reason for removal. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Secs. 23-42-23-45. Reserved. DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES Sec 23-46. Violations. Violations by any person of this chapter, including without limitation failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and except as expressly provided in this chapter, shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Code of Ordinances and any other remedies available under applicable law. (1) Development activity. It shall be a violation of this chapter for any person(s) to engage in development or other activity, which has the potential to damage, destroy or remove, or cause the destruction or removal of any tree or vegetation as regulated herein, without complying with all applicable provisions of this chapter. (2) Compliance with approved permit. It shall be a violation of this chapter for any person who has obtained a permit from the city pursuant to the requirements of this chapter to fail to comply with the requirements of the approved permit and any conditions attached thereto. (3) Compliance with general conditions of permit. The following minimum conditions shall apply to every permit issued pursuant to this chapter, and violation of or failure to comply with any such condition(s) shall be a violation of this chapter: a. Permit and plans onsite. Approved permits and plans shall be available onsite at all times during development or tree removal activity. b. Responsible individual onsite. Whenever site work is ongoing, there shall be an individual at the site who shall be responsible for the ongoing work and who shall have the familiarity with the project to ensure work is proceeding according to approved plans. This provision is not intended to require that a single individual remain onsite during all operations, only that at all times there shall be a designated person in responsible charge. (4) Maintenance requirements. It shall be a violation of this chapter for any person(s) who is engaged in development activity on property located within the city or in accordance with a permit issued by the city pursuant to this chapter, or who has Supp. No. 47 1386 • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-48 obtained title to property upon which such activities have taken place, to fail to comply with the minimum standards and maintenance requirements set forth herein. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-47. Notice of violation. Whenever the administrator determines that a violation of this chapter has occurred, the administrator shall immediately issue written notice to the person(s) in violation, identify- ing the nature and location of the violation and specifying that remedial action is necessary to bring the violation into compliance. The person(s) in violation shall immediately, conditions permitting, commence remedial action and shall have seven (7) calendar days after the receipt of notice, or such longer time as may be specified in the notice, to complete the remedial actions required to bring the violation into compliance with this chapter. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-48. Stop work order. (a) Authority to stop work. The city manager or designee of the city manager shall have the authority to immediately issue a stop work order in any of the following circumstances: (1) Whenever land is being cleared without an approved permit or in a manner inconsistent with the approved permit; (2) Upon the failure of the permittee, or failure of the property owner if no permit exists, to take immediate corrective action when there is a danger to life or property; (3) Whenever ongoing noncompliant work is not immediately and permanently stopped upon receipt of a written or oral notice of violation; (4) Whenever protection measures have not been implemented or maintained and danger to regulated trees or regulated vegetation exists or may be imminent; (5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section is not completed in the time period specified; or (6) Upon failure to post or have the approved permit and plans available onsite. (b) Content and scope of stop work order. The stop work order shall specify the circumstances that have resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial work as is deemed necessary to bring the violation into compliance, or it may specify the cessation of specific work by functional nature, such as land clearing, regulated tree or regulated vegetation removal, grading, roadway construction, building erection or utility construction. The order may apply to the entire project or to geographical portions of the project that may be individually specified. Supp. No. 47 1387 § 23-48 ATLANTIC BEACH CODE (c) Failure to comply after notice of violation and stop work order. If the person(s) in violation fails to complete the required remedial action within the prescribed time, or continues any development activity in violation of a stop work order, the administrator may initiate code enforcement action pursuant to chapter 2, article V, division 2 of the Code of Ordinances, or other remedies as authorized by law. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-49. Requirement for emergency or immediate corrective action. Where it is determined by the city that failure to maintain stormwater management facilities, erosion, sediment or tree/vegetation protection controls, or failure to conform to the provisions of this chapter or permit conditions, is resulting in danger or damage to life or property, the city may require immediate corrective action. Protection controls which are breached due to development activity, wind, rain or other factors shall be repaired within twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified shall constitute a violation of this chapter. If immediate corrective measures are not taken by the permittee or property owner and the conditions of the site are such that there is danger or hardship to the public, the city may enter upon lands, take corrective actions, and place a lien on the real property of such person(s) to recover the cost of the corrective measures. In addition, the administrator may revoke any permit issued pursuant to this chapter. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-50. Code enforcement action. Failure to complete remedial actions required to bring the violation into compliance with this chapter shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the Code of Ordinances as well as other remedies available under applicable law. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-51. Penalties. (a) General provisions. Any person(s) violating a provision of this chapter shall be punishable according to the law or in accordance with the findings of the duly appointed special magistrate. (1) Violations of this chapter are considered irreparable and irreversible in nature. (2) Each day any violation continues shall constitute a separate offense. (3) Each regulated tree removed from a site in violation of these regulations shall constitute a separate offense. (4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a separate offense. Supp. No. 47 1388 • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-52 (5) Person(s) charged with violations of this chapter may include: a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building or premises where such violation exists. b. Any person(s) who maintains any land, building or premises upon which a violation exists. c. Any person(s) who knowingly commits, takes part, or assists in such violation. (b) Building permits. No building permit shall be issued for a site while any violation of this chapter exists on the subject site. (c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions of this chapter and recover from the violator such damages as he or she may suffer including, but not limited to, damage to property as a result of development or failure to maintain, in violation of the terms of this chapter. (d) Sanctions for failure to obtain a permit. (1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after -the -fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33. (3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator is unable to determine with reasonable certainty the number and size of regulated trees and/or regulated vegetation removed in violation of this chapter, analysis of aerial photography or other such accepted scientific methodology shall be used to make a determination as to the loss of canopy and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or land cover lost shall be assessed by the administrator, and shall be payable to the tree fund within seven (7) days of such assessment. No further work or development shall proceed until the city is in receipt of any such assessed fine. (4) Any person(s) exhibiting a documented history of chronic or repeated violations of this chapter shall, upon third offense, be reported to the Florida Department of Business and Professional Regulation, as well as any other authority governing licensing, registration or certification of individuals or businesses. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Sec. 23-52. Environmental stewardship committee—Intent. The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village. The tree canopy creates beauty, provides a home for wildlife, functions as an element of the water management system and enhances property values. It is in the best interest for Supp. No. 47 1389 § 23-52 ATLANTIC BEACH CODE this committee to be the stewards of the tree canopy through advocacy, assessment, maintenance, planting and preservation of this natural resource. The city parks provide open spaces for recreation, exercise, wildlife habitat, relaxation and encounters with the natural world. This committee intends to support the community to provide a variety of park spaces that are well maintained, accessible and secure. This committee shall take the lead and set high community standards in the beautification and maintenance of public spaces located within the city. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a great deal of influence on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the city. The care and health of the coast and marsh must be paramount in every recommendation made by this committee about the use of our land, water system and tree canopy. (a) Environmental stewardship committee purposes. It shall be the purpose of the environmental stewardship committee: (1) To study and make recommendations to the city commission and city staff with respect to the city's: a. Maritime forest; b. Parks and open spaces; c. Beautification of public and private spaces; and d. Environmental stewardship. (2) To act as a motivating and coordinating body to encourage joint public and private participation in promoting these purposes. (b) Environmental stewardship committee—Scope of activities. The environmental steward- ship committee shall provide guidance and support to the city commission and city manager and, upon request by the city commission or city manager, shall provide written recommendations, in the following areas: (1) Maritime forest: a. Clarifying and strengthening the city's processes and all tree and landscape related city codes and ordinances; b. Monitoring the appropriate administration and enforcement of the city's ordinances; c. Promoting transparency through online access to relevant information; d. Developing and maintaining environmental education and outreach programs about the maritime forest and relevant codes; e. Promoting appropriate planting and care of trees on private property to owners, developers, builders, and tree/landscape service contractors; f. Developing and maintaining a long-term tree plan that includes an assessment of the tree canopy, projecting future needs, and developing a calendar and budget for tree planting in parks, public spaces and along streets and rights-of-way; Supp. No. 47 1390 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-52 g. Promoting tree canopy advocacy including upholding the city's status as a bona fide "Tree City USA;" h. Developing a process for systematic, review of the city's enforcement of the existing tree codes, including the long-term health of trees planted for mitigation; and i. Developing and maintaining a process for citizens to communicate possible violations to the city. (2) Parks and open spaces: a. Developing and maintaining a long-range plan to protect, improve and beautify park spaces; b. Improving access to and amenities for parks including disability accom- modations, bike paths, parking, signage and other user friendly features; c. Expanding the city's inventory of parks and conservation land through acquisition or other means; and d. Maintaining a web -based, publicly accessible inventory of parks including their history, archeological value, rules of use, deed restrictions and conservation easements. (3) Beautification of public and private spaces: a. Enhancing public spaces, including public rights-of-way, roadsides, city buildings, beach accesses and other publicly held properties with art, carefully maintained landscape design and plantings; b. Incentivizing and advocating for beautification of private and commercial spaces; c. Reducing the number and appearance of degraded or blighted properties; and d. Developing a design theme/community branding for signage, bus shelters, lighting and other elements of the built environment. (4) Environmental stewardship: a. Utilizing best practices, including a science based approach, when making any decision about development and its impact on our environment; b. Protecting the beach, dunes, marshlands and wetlands as critical defenses in hurricane, erosion and flooding conditions; c. Communicating the dynamics of tidal drainage and floodplain with the goal of preserving the city's flood management system; d. Reviewing the city's environmental codes and ensuring enforcement of rules including, but not limited to, dumping, septic tanks and commercial pollution; and Supp. No. 47 1391 § 23-52 ATLANTIC BEACH CODE e. Reviewing, updating and maintaining the Marsh Master Plan for adher- ence to current research about sea level change and wetlands preserva- tion. (c) Membership, terms, appointments, geographic requirements, composition. (1) Membership. The environmental stewardship committee shall be composed of eleven (11) members. One-half (1/2) of the filled seats of the committee shall constitute a quorum. No member of the committee shall hold any other public office in violation of Article II, Section 5(a), Florida Constitution. (2) Terms. Following the expiration of the terms of office of the inaugural board members, all members shall serve three-year terms. Members shall not serve more than three (3) consecutive terms on the committee. All terms shall expire on December 31 of the proper year, provided, however, that members whose terms expire shall continue to serve until replacement appointments are effective. Any committee member who wishes to resign should submit a letter of resignation to the chairman and city clerk. Any vacancy during the unexpired term of an appointed member shall be filled for the remainder of the term. Should the length of the unexpired term be less than one (1) year, then such appointment shall not count towards the maximum number of consecutive terms. (3) Appointments. Except for the inaugural committee members, committee members shall be selected by the board member review committee and shall be confirmed by the commission. The commission shall select the inaugural committee members as follows: Member Representation At large At large At large District 1308 resident At large District 1307 resident At large District 1306 resident At large District 1312 resident At large Appointed By Mayor (3 years) Mayor (4 years) Mayor (3 years) Seat 2 commissioner Seat 2 commissioner Seat 3 commissioner Seat 3 commissioner Seat 4 commissioner Seat 4 commissioner Seat 5 commissioner Seat 5 commissioner (3 years) (4 years) (3 years) (4 years) (3 years) (4 years) (3 years) (4 years) (4) Geographical requirements. There shall be at least one (1) member representing each city district on the committee. Each committee member must be a full time resident of the city or own real property in the city. For the purpose of this section, full time residency shall be defined as the person's principal place of abode. Any member must immediately notify the city manager and chair in writing upon no longer meeting these membership qualifications. Supp. No. 47 1392 • • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-52 (5) Composition. To the extent possible, committee members should demonstrate at least one (1) of the following skills, experience, expertise, educational background or interests: a. Knowledge of best practices in environmental management and sustain- ability; b. Land development and building construction; c. Urban planning and design; d. Arboriculture and horticulture; e. Landscape architecture; f. Environmental policy; g. Environmental and constitutional law; h. Community engagement; and i. Educational programming. (d) Organization. (1) The committee shall meet on the second Wednesday of each month. Special meetings may be called by the chair, provided at least forty-eight (48) hours' notice is provided and that a majority of the members must agree to the date and time. At its first regularly scheduled meeting each January, the committee shall elect from among its members a chair, vice chair, and secretary who shall assume their positions immediately upon election. (2) The chair shall preside at all meetings of the committee. The vice chair shall preside if the chair is absent. (3) The committee shall be staffed at each meeting by a city staff member appointed by the city manager to act as the recording clerk. In addition, the city manager or his/her designee shall attend all committee meetings. (4) Roberts Rules of Order shall be followed at committee meetings. The committee may adopt, amend, and rescind procedural rules of the committee to aid in implementing the provisions of this section. All reports, studies, and recom- mendations made by the committee shall be approved by the committee before the same may be presented to the city commission or city manager on behalf of the committee. (5) The committee shall establish a tree subcommittee in accordance with subsec- tion (f) below. The committee may establish such other subcommittees from among its membership as it deems necessary to perform its activities. Subcom- mittees shall report on their progress to the committee at such times as the committee shall require. All committee and subcommittee meetings shall be open to the public and are subject to Florida's Government in the Sunshine Laws. Supp. No. 47 1393 § 23-52 ATLANTIC BEACH CODE (6) The committee's recording clerk shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall become a public record. (e) Removal of members. Any member on the committee may be removed for cause by the city commission upon written charges and after public hearing. Any member who fails to attend three (3) consecutive meetings without prior notice to the director of planning and community development or his/her designee and without reasonable cause shall have his office declared vacant by the committee. The vacancy shall be promptly reported to the city clerk and filled by the city commission. (f) Establishment of tree subcommittee, membership, terms. (1) There is hereby established a tree subcommittee of the environmental steward- ship committee, referred to in this subsection as the subcommittee. The subcommittee shall systematically review tree permits submitted to the city for completeness and to determine compliance with the provisions of this chapter 23 as more particularly described in this subsection. The subcommittee shall consist of three (3) members and one (1) alternate member. The alternate shall serve in the case of the absence of any of the three (3) members. The members of the environmental stewardship committee may volunteer to serve on the subcommittee and shall be appointed to the subcommittee by the environmental stewardship committee. All of the members of the subcommittee shall be members of the environmental stewardship committee. The environmental stewardship committee shall appoint or remove the members of the subcommit- tee by a simple majority vote. Filling vacancies shall take place at the next regular scheduled meeting of the environmental stewardship committee after a seat on the subcommittee has become vacated. Members of the subcommittee may serve for as long as they serve on the environmental stewardship committee. (2) Organization of tree subcommittee. a. The environmental stewardship committee shall establish a regular meeting schedule of the tree subcommittee. Unless otherwise determined, the subcommittee's meetings shall meet on the same date as the environmental stewardship committee. b. The administrator or designee shall attend all meetings of the subcommit- tee. A city staff member designated by the city manager shall act as clerk for the subcommittee. The clerk shall be responsible for the clerical administration of the subcommittee. The clerk shall also be responsible for the maintenance and preservation of all records of the subcommittee in coordination with the city clerk's office. Supp. No. 47 1394 • • • PROTECTION OF TREES AND THE NATURAL ENVIRONMENT § 23-60 c. The subcommittee shall utilize the rules of the environmental stewardship committee. Robert's Rules of Order shall be followed to conduct meetings. All meetings shall be open to the public. The subcommittee shall keep minutes of the proceedings, recording the vote of each member upon each question or if absent or failing to vote, indicating such facts. It shall keep records of its examinations and other official actions, all of which shall be promptly filed with the city clerk's office and shall become public record. The subcommittee will operate in compliance with Florida's Government in the Sunshine Laws. (Ord. No. 95-21-119, § 2(Exh. A), 7-12-21) Secs. 23-53-23-60. Reserved. Supp. No. 47 1395 [The next page is 1403] CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 5-18-66 1-14-19 1-3 14-17-14-19 4 Added 2-131(c) 5-18-67 1-14-19 1-3 23-52(c)(1), (2), (e) 58-18-42 1-14-19 1 2-263(a) 58-18-43 1-14-19 1 2-302(a) 75-18-20 1-14-19 1 Rpld 21-1, 21-2, 21-16-21-26, 21-36-21-41, 21-50-21-54, 21-60-21-66, 21-75-21-85 2(Exh. A) Added 21-1-21-3, 21-16-21-21, 21-36-21-42, 21-50-21-55, 21-61-21-66, 21-76-21-85, 21-87-21-89 90-19-236 1-14-19 1 24-102 2 Added 24-115 5-19-68 2-11-19 1(Exh. A) Rpld 2-141-2-151, Added 2-141-2-152 2(Exh. A) Rpld 2-161, 2-162, 2-167-2-169 3 6-121 7-27(c) 13-167 13-169 22-74(d)(2) 23-48(c) 23-51 24-267(e) 24-272(e) 90-19-238 2-25-19 1 24-17 2 24-64 3 24-66 4 24-104(0(1) 5 24-105(0(1) 6 24-106(0(1) 7 24-107(0(1) 8 24-108(0(1) 9 24-115(g)(1) 90-19-240 7- 8-19 3 Rpld 24-1-24-5, 24-16, 24-17, 24-31, 24-46-24-51, Supp. No. 47 2011 ATLANTIC BEACH CODE Ordinance Adoption Number Date Section Section this Code 24-61-24-69, 24-81-24-89, 24-101-24-126, 24-151-24-182, 24-186-24-192, 24-201-24-204, 24-221, 24-231-24-235, 24-251-24-279 3(Exh. A) Added 24-1-24-5, 24-16--24-18, 24-31, 24-46-24-51, 24-60-24-71, 24-80-24-86, 24-88, 24-89, 24-101-24-126, 24-151-24-169, 24-171-24-179, 24-186-24-191, 24-201-24-204, 24-221, 24-231-24-235, 24-251-24-260, 24-262-24-268, 24-270, 24-271, 24-273-24-279 75-19-21 8-12-19 1 Added 21-43-21-45 58-19-44 10-14-19 1 2-310.20(c)(1) 2-310.26(a) 75-19-22 11-25-19 1 Added 21-46 65-20-40 1-27-20 1 19-1(c) 95-20-118 3- 9-20 1 5-4 60-20-21 5-11-20 2 Rpld 17-1, 17-2, 17-26-17-33, 17-41, 17-42, 17-51, 17-52, 17-61-17-64 3(Exh. A) Added 17-1-17-3, 17-26-17-33, 17-41, 17-42, 17-51, 17-52, 17-61-17-65 75-20-23 6- 8-20 1 21-17 75-20-24 6- 8-20 1 21-44(d) 70-20-20 8-10-20 1 20-82(a) 58-20-45 10-26-20 1 2-275(b)(1) Supp. No. 47 2012 • • • • • CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code 58-20-46 10-26-20 1 2-310.5(b)(1) 65-21-43 6-14-21 1 Added 19-8 95-21-119 7-12-21 2(Exh. A) Rpld 23-1-23-4, 23-8, 23-11-23-14, 23-21-23-26, 23-30-23-37, 23-40, 23-41, 23-46-23-52 Added 23-1-23-4, 23-8, 23-11-23-14, 23-21-23-26, 23-30-23-37, 23-40, 23-41, 23-46-23-52 Supp. No. 47 2013 [The next page is 2043} • • CODE INDEX Section STREET ADDRESSES Fire prevention and life safety Street address identification 7-37 Numbering of buildings, mobile homes, etc. Mobile home parks and recreational vehicle parks Requirements for 10-2(7) Provisions re 6-106 et seq. See: BUILDINGS AND BUILDING REGULATIONS STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Alcoholic beverages Consumption, possession of open containers upon public property 3-12 Building sewers and connections Barricading, restoring excavations in streets, sidewalks, etc 22-111 Closing of streets for various events 19-3 Communications facilities in public rights-of-way Abandonment of a communications facility or utility pole 19-48 Appeals 19-40 At -grade facility, below -grade facility, wireline facility, and utility pole permit conditions 19-36 Collocation fees 19-37.7 Construction bond 19-45 Definitions 19-32 Enforcement remedies 19-47 Existing communications facility 19-42 Fees applicable to those not subject to communications services tax 19-41 Findings, intent and scope 19-31 Indemnification 19-44 Insurance 19-43 Involuntary termination of registration 19-39 Make-ready work 19-37.6 Notice of transfer, sale or assignment of assets 19-34 Objective design standards 19-36.1, 19-37.4 Performance bond 19-46 Permit requirements; application; review timeframes 19-37.2 Registration 19-33 Reservation of rights 19-49 Revocation or suspension of development permits 19-38 Rules, regulations and general conditions to placement of and use of communications systems and facilities and utility poles in the public right-of-way 19-35 Short title 19-30 Small wireless facility collocation permit conditions 19-37.3 Waiver of objective design standards for small wireless facilities 19-37.5 Supp. No. 47 2155 ATLANTIC BEACH CODE Section STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Waiver of the objective design standards for at -grade facilities, below -grade facilities, wireline facilities, and utility poles 19-36.2 Wireless facilities 19-37 Wireless facilities allowed in the public rights-of-way19-37.1 Community development board 14-16 et seq. See: PLANNING Construction within and/or use of city rights-of-way 19-1 Definitions 1-2 Digging up streets. See herein: Excavations Dogs on streets to be leashed 4-25 Dogs or cats running at large on public streets 4-24 Driveways Construction of driveways in rights-of-way 19-7 Intersections Sight distance requirements and safety zones 19-5 Loitering, obstructions, etc., in public places 13-2 Minors on streets and in public places 13-151 et seq. See: MINORS Mobile home parks and recreational vehicle parks Requirement for streets 10-2 Naming, renaming Certain ordinances saved from repeal 1-5 Nuisances. See also that subject Acts, occurrences and conditions constituting nuisances and public places 12-1 Discharging water from water -source heat pumps onto public streets 12-1(b) Storing, depositing, etc., garbage, sewage, etc., in streets 12-1(b)(2) Numbering of buildings. See also: BUILDINGS AND BUILD- ING REGULATIONS Assigning street numbers 6-110 Street numbering districts designated 6-109 Obstructing passage upon public streets, etc 13-2 Opening, accepting, etc. Outside seating located in city rights-of-way 19-8 Certain ordinances saved from repeal 1-5 Permits and revocable licenses required 19-2 Public place defined 1-2 Safety zones 19-5 Solid waste and recycling Depositing on vacant lots, streets, parks, etc., prohibited; compost piles 16-7 Special events 19-4 Closing of streets for various events 19-3 Subdivision and site improvement regulations Design and construction standards Clearing and grading of rights-of-way 24-258 Supp. No. 47 2156 • • • • CODE INDEX STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (Cont'd.) Easements Supp. No. 47 2156.1 Section 24-254