Ordinance No. 95-25-124 - ESCORDINANCE NO. 95-25-124
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 23,
PROTECTION OF TREES AND THE NATURAL ENVIRONMENT,
DIVISION 3. — PERMITS, SEC. 23-23: PERMITS PROCEDURES, AND
SEC. 23-25: APPEALS; AMENDING DIVISION 6. -VIOLATIONS,
ENFORCEMENT AND PENALTIES BY MOVING SEC. 23-52.-,
ENVIRONMENTAL STEWARDSHIP COMMITTEE -INTENT, INTO A
NEW DIVISION 7, ENTITLED ENVIRONMENTAL STEWARDSHIP
COMMITTEE, AND RENUMBERING WITH NEW SECTIONS, OF THE
CITY OF ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING
FOR ADOPTION OF SAID AMENDMENTS; PROVIDING FOR PURPOSE
AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Sec. 23-52 of the Code of Ordinances for the City of Atlantic Beach
provides details for the Environmental Stewardship Committee (ESC) and the city recognizes
this topic should be its own division (now Division 7) and renumber the subsections within
Chapter 23 to help better organize the codes; and
WHEREAS, the City desires to standardize city boards and committees, to the greatest
extent possible; and
WHEREAS, by standardizing the ESC it is necessary to remove the sections related to
subcommittees (amendments to Sec. 23-23 and 23-25); and
WHEREAS, the City desires to standardize city boards and committees, to the greatest
extent possible; and
WHEREAS, establishing consistent, uniform boards improves efficiency and
productivity.
NOW, THEREFORE, BE ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Purpose and Intent. The purpose and intent of this Ordinance are to standardize
city boards and committees to improve efficiency and productivity and Amend Sec., 23-23 Permit
procedures, Sec. 23-25 Appeals and Variances and Sec. 23-52, Environmental Stewardship
Committee — Intent, of the Code of Ordinances is hereby amended as follows:
Ordinance No. 95-25-124 Page 1 of 14
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 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 and
send to Environmental Stewardship Committee (ESC) within three (3) days of being
deemed sufficient in accordance with this section.
(3) The ESC *fee s..i.,.,,...mi flee 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= t -Fee subeemmittee may aeoempany the a"inist-Fater- on
the initial site inspeetion as an ebsen,en The subeonunittee member- must make th
request te at4end the initial site insperation as an observer- within thfee (3) business days
of the pefmit being uploaded to the r
owner-inter-aret with the pr-epefty
inspeetion and shall stay in the virainity of the administratef dwing the inspee4ion. The
subeemmittee membef: shall be provided twenty feur- (24) r
netiee pr-ief to the
Ordinance No. 95-25-124 Page 2 of 14
time of the site insperation. if multiple requests are made by subeewmittee fflembefs
t fiFst b faember- who „1.. its a FeqUeSt in W460,—'.
(6-3) The administrator may refer the application to other city department(s), the ESC
tfee subcommittee, or a consultant during preliminary review. The applicant shall be
notified if extended review by other departments and/or professionals is required.
(46) 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 application
review process and inspections have been completed, the administrator shall distribute a
netiee of intent to issue the approved tree permit to the applicant and all members of the
ESC tfee subeemmiRee, ' and upload the draft permit to the
city's website. The pefmit shall be efferative five (5) business days after the nefiee of int
is distributed, upJess a fifnely 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
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,
Ordinance No. 95-25-124 Page 3 of 14
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 development
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.
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.
Ordinance No. 95-25-124 Page 4 of 14
(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 or request a
special meeting within a reasonable period of time with proper public notice, as well as
due notice to interested parties. ESC tree subcommittee shall review the
application for compliance with the requirements of Cehapter 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, upon considering the
tree subcommittee recommendation, 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.
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.
Ordinance No. 95-25-124 Page 5 of 14
(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.
(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.
DIVISION 7. — ENVIRONMENTAL STEWARDSHIP COMMITTEE
Sec. 23-5-25-. Environmental stewardship eommittee latent_EpIpose.
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 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
Ordinance No. 95-25-124 Page 6 of 14
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) &tvirenmental stewardship eamniktee 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, preserves 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) Sec. 23 — 56. Duties and responsibilities.
Scope of activities. The Eenvironmental Sstewardship Ceommittee shall provide
guidance., and -support, and suggest priorities and projects to the Ceity Csommission
and Ceity Manager. The City Commission will have an annual joint Commission
and ESC workshop to discuss the committee's priorities suggested sted projects, and
annual woLkpl Land, upon request by the eity raeniiiiission or raity frianagef, shall
provide Wfittefi Feeonviiendations, in the The City Commission will
prioritize the committee's work plan related to these recommendations:
(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;
g. Promoting tree canopy advocacy including upholding the city's status as a
bona fide "Tree City USA;"
Ordinance No. 95-25-124 Page 7 of 14
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 parks, preserves and open spaces;
b. Improving access to and amenities for parks including disability
accommodations, 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:
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 blightedup blic
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
e. Reviewing, updating and maintaining the Marsh Master Plan for adherence
to current research about sea level change and wetlands preservation.
Sec. 23-57. — City staff administration supports.
Ordinance No. 95-2S-124 Page 8 of 14
(a) Staff will be assigned by the City Manager or designee_ to provide technical and
administrative supportStaff will assist the Committee by preparing agendas, proper notice
and minutes of meetings and other administrative and technical services, as needed. The
minutes will be filed with the City Clerks office.
(b) Staff will be responsible for the collection and expenditure of any City funds in
accordance with purchasing guidelines.
Sec. 23 — 58. — Membership, terms, appointments, geographic requirements, composition.
{44-) Membership. The e t„' stewardshi ^ommittee shall be eempesed -ef
eleven (44T consist of nine (9) members. One half (''-' The majority of the filled
seats of the committee shall constitute a quorum. Regardless of the number of
committee members in attendance it shall take an action of the majority of the
seats filled in the affirmative to pass or fail an item. No member of the committee
shall hold any other public office in violation of Article Il, Section 5(a), Florida
Constitution.
(b2) Terms. �:ingh, expiration of the tefm of offiee of the inaugufal
.no,,,b a fs "" All members shall serve three-year terms. Members shall not serve
more than three (3) consecutive three-year 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.
(c3) Appointments. Except for- the inaugufal eemfniaeem members, ^Committee
members shall be seleeted recommended by the board member review committee
and shall be wed- approved by the commission. The eommission shall sel
Ordinance No. 95-25-124 Page 9 of 14
(44) Geographical requirements. There shall be at least one (1) member representing
each city district on the Ceommittee. 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, city clerk, and chair in writing
upon no longer meeting these membership qualifications.
(e5) 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
sustainability;
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.
(fd) Procedures and rules, Organization of Officers.
Lll_{4+---The Ceommittee shall meet on the serond Wednesday of each me
schedule no more than two (2) monthly meetings in the City Commission
Chamber or other public venue.
(22,) Special meetings may be called by theme city manager or designee, provided
with at least a forty-eight (48) hours' notice_ is pFevidedand that a majority e f the
members must-agfee to the dateand time. At -it � + 1 1 hale etin
�resr-i-c�a'r"air-r�T'�vrrv�uroa-irr�v ..b
each , the eviiairicrw- shall rvreZrfrom -among its i:rcrirvers a .......r-, :,..e
cLm�ardracvrctart' ire shall isnc�thei - �vjizions immediately upon e.e„tio
..
(4) (3) All meetings of the Committee shall be properly noticed and open to the
up blit.
Ordinance No. 95-25-124 Page 10 of 14
(4) The Committee and each member shall comply with the Florida Government in the
Sunshine Law Florida Code of Ethics for Public Officers and Employees, Florida
Public Records Law, and related provisions of the City's Code of Ordinances and
applicable resolutions as may be amended from time to time.
(3) Th • „.,.. mit4ee shall be staffed at each meeting by a e:ty staff member- appointed
by the eity manager- to act as the feeor-ding eler-k. in addition, the eity manager 0
his/her- designee shall attend all 1,mm:ttee meetings
(5) The Committee shall elect a chair and vice -chair at the regularly -scheduled
meeting in January each year.
(6) In all cases involving points of parliamentary law, "Robert's Rules of Order"
shall be the book of reference and its rules, so far as they are applicable and not
in conflict with the provisions of the city's Charter, Code, or other city
ordinances, shall be the rules of this Committee.
(7) The committee shall establish a tree subcommittee in accordance with subsection
(hf) below. The tree subcommittee shall develop and recommend policies,
nroarams. education, and incentives aimed at preserving, protecting, and
enhancing the community's tree canopy.
i, t4ees f;itbhi;t d . t
am„n,. s meme sp as deems peees�a,s ope ..r,,. -m As
etiyities e b m:ttees shall r-epe,.t on thei progress to the omm.ttee ata eh
times as the committee shall require.
shall be open to the p„blie and a ub:eet to >~ e -ida's Goyermnent i -n .
Sunshine Laws.
(75) The committee shall establish a t..ee not create subcommittees. in aeraer-danee
w't�bSeetion (f below. Thee mittee m establish a eh other
r.
r.
(7) The committee shall establish a tree subcommittee in accordance with subsection
(hf) below. The tree subcommittee shall develop and recommend policies,
nroarams. education, and incentives aimed at preserving, protecting, and
enhancing the community's tree canopy.
i, t4ees f;itbhi;t d . t
am„n,. s meme sp as deems peees�a,s ope ..r,,. -m As
etiyities e b m:ttees shall r-epe,.t on thei progress to the omm.ttee ata eh
times as the committee shall require.
shall be open to the p„blie and a ub:eet to >~ e -ida's Goyermnent i -n .
Sunshine Laws.
(75) The committee shall establish a t..ee not create subcommittees. in aeraer-danee
w't�bSeetion (f below. Thee mittee m establish a eh other
Ordinance No. 95-25-124 Page 11 of 14
r.
P
Ir
Ordinance No. 95-25-124 Page 11 of 14
(ge) Removal of members. Any member on the committee may be removed for cause by the
city commission upon written charges and after public lie mgetin . Any member
who fails to attend three (3) ESC meetings in three (3) consecutive meetings- months
without prior notice to the director of planning and community development or his/her
designee and without reasonable cause shall have their -his effiee-seat declared vacant
by the committee. The vacancy shall be promptly reported to the city clerk and filled
by the city commission.
(hf) Establishment of tree subcommittee, membership, terms.
(1) There is hereby established a tree subcommittee of the environmental stewardship
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 produce a semi-
annual report on the tree permitting process. 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 subcommittee
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 othe.-wise detefmined, the
aanvvrmarccwsa-rcvcmgs shall rmeet -oirthe same auc
as the enyiwnmefftal
b. The administrator or designee shall attend all meetings of the subcommittee.
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.
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.
Ordinance No. 95-25-124 Page 12 of 14
The subcommittee will operate in compliance with Florida's Government in
the Sunshine Laws.
Sec 23-59. Liability to City.
The City Commission shall consider the recommendations proposed by the
Committee but nothing in this section or otherwise shall be construed as authorizing or
empowering the Committee to impose any liability of any nature, financial or otherwise,
upon the City, without City approval.
SECTION 23. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 34. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 5 Scrivener's errors. Staff or the publisher of the City of Atlantic Beach's Code of
Ordinances, the Municipal Code Corporation (www.municode.com) is hereby directed to
incorporate the revised and amended Code provisions provided herein into the City's Code of
Ordinances. Sections of Chapter 23 may be re -numbered or re -lettered and scrivener's errors,
formatting and typogzraphical errors and other minor, inadvertent graphical errors in Chapter 23
which do not affect the intent may be authorized by the City Manager and City Attorney without
the need of public hearing, by filing a corrected or re -codified copy of the same with the City
Clerk.
SECTION 65. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 10th day of
Febru , 2025.
PASSED by the City Commission on second and final reading this ')T day of
Q, , 2025.
CITY OF ATLANTIC BEACH
Ordinance No. 95-25-124 Page 13 of 14
Curtis Ford, May r
Attest:
Donna L. Bartle, City Clerk
Approved s to form and correctness:
•--
Jasonn ' y Attorney
Ordinance No. 95-25-124 Page 14 of 14