Chapter 23 Redline 10.16.25 from ESC to CommissionChapter 23 PROTECTION OF TREES AND THE NATURAL
ENVIRONMENT'
ARTICLE L IN GENERAL
Sec. 23-1. Purpose and intent.
La) _4�--Purpose. The provisions of this chapter are established for the purpose of
enhancing, conserving, restoring, protecting and preserving the natural environment,
specifically related to 4eestree canopy, &t- ;e4-understory vegetation, and native coastal
dune vegetation. These elements provide Atlantic Beach with critical ecosystem
geed and seFviees and ce beneafits fbr shade ef eritie-al areas, stabilize seals, 5equeSteF GaFWA, impFeye
aiF quality,Fedwee FWneff and enhance Pe" values services benefits. Priority shall be given
to the protection and preservation of existing resources.
-PieThese tangible benefits of healthy trees in our community have been well documented
to:.
• Reduce flooding and stormwater runoff
• Improve air quality and reduce noise pollution
• Buffer wind and reduce storm impacts
• Provide shade and cooling
• Enhance aesthetics, walkability, and wildlife habitat
• Increase property values
Our unique maritime forest encompasses all of the trees within the c+t-yCity and is an integral
and uniquely valuable part of the c#yQity. The maritime forest u,.ates beauty, pFeVides a he
is 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.
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(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 paFe ls, sidewalks, and streets
(4) To provide protection for environmentally sensitive areas.
(5) To ensure protection of healthy trees, recognizing that regulated trees that are lost
reduce the elima*e Felate4 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
chapter shall be implemented in coordination with chapter 24, Land Development Regulations,
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 eity eem FnissienCity 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 H. LANGUAGE AND DEFINITIONS
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(Supp. No. 3450)
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 c#yCity as designated by the c-iw
MaRawCity 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.
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 c4WCity, 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 eei#ifiewCertified 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 aeaertified arborist, as defined above,
and that at a minimum clearly states the arborist's name, contact information, and qualifications,
and identifies the site addF^« and each end4vidual `Feeeach individual tree in question at the site along with any
specific and sufficiently detailed evaluation to permit confirmation of the assessment.
Atlantic Beach Prohibited Species List shall consist of invasive exetie species listed by the
eoCity 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 6wCity, such as building setback areas,
shoreline protection buffers, coastal construction setback areas, wetlands and other similar areas
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(Supp. No. X50)
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 measurements 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.
Critical Root Zone f CRZ) shall mean the most vital roots that trees need for survival and
that tend to exist in the top 6-18 inches of soil in AB and which cannot be compacted, cut, or
damaged.
Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the
branches, leaves, flowers, and fruit that grow above ground.
Designated maritime species shall mean those species that are among the most valuable and
desirable species in the c4City and shall include the following species:
(11) 41 —American Sycamore (Platanus occidentalis)
aLBald Cypress (Taxodium distichum).
(.23-) Cedar {- Juniperus siliciolal (Southern Red Cedar), J. virginiaba (Eastern Red Cedar).
(34) Elm 4_Ulmus alatal (Winged Elm), Ulmus American floridana (Florida Elm).
(4) LiYeQaI((QueFeusviFgiFiian@).
{s-)—k4LHickory 4_Carya Illinoensis} (Pecan), C. tomentosa (Mockernut), C glabra (Pignut
Hickory).
(s5� Loblolly bay (Gordania lasianthus).
(:�O Magnolia k- Magnolia grandifloral (Southern Magnolial), Magnolia virginiana
(Sweetbay Magnolia)
(g7) Maples {_Acer rubrum (Red Maple), Acer Barbatum (Florida Maple)
8) Oaks - Quercus vir2iniana Live Oak), Quercus michauxii (Swam!) Chestnut Oak
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(Supp. No. X50)
(9) Tupelo (Nyssa sylvatica)
(10) Pine - Pinus taeda (Loblolly) (pinus +.., da), (eng ka{4 4),Pinus palustris J)4_(Long
Lea Pinus Serotina Pond
(11) Sweetgum (Liguidambar styraciflua)
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 environment
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 may
result in the near term death of the tree or has progressed to the point that treatment will not
prevent the death of the tree, as determined by theadministFateFj , certified 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.
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, pollination 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:
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(Supp. No. -5 50)
(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.
d/ damage of ..,e.e than twe.,+., five (25) ., Rt of +he n -.r. -.-al shape .,r fe.-m Of -, tree
accidentally,
.,-,twat ., .,hie Fange utsi de of cle.i. 2
F.-hi+eetWFe in +he .!4;UP of CInr:d;4
Grading shall mean the placement, removal or movement of earth, often by use of
mechanical equipment on a property. See "Excavation" also.
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 shall
require a pen -nit even if this does not 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 FAaFiti v.e speclemon-invasive tree that is thirty (30)
inches DBH or greater and declared by the eity 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 ei%4CitS'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
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(Supp. No. -5-150)
been designated to be a heFitageHeritMe tree by the city eemmissieRQi!y Commission. Heritage
trees may be located within parks or other public property. On private property, her+tageHerita e
trees must be voluntarily nominated by the property owner. The 4wCity administrator shall keep
a record of all t er+tageHeritage trees so designated and their location on the City's webs-
Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special
historic, architectural, or cultural value to the citizens of the c#yCity as declared by the _q
iseie+ 7
pr;GF te sigAineaRt-kiUfflan impacts. See "Nafive"a;;oCityCommission.
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 &k-plant shall mean an exotic; plam species that has escaped Gultivatien RatuFalized and
„Ah,,...,: aVP-Fsel....4eet:..,..,.,w ral eeesystems. Invasive exotic piams @.a those plants
recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C. 5B-57.00741, Florida
Invasive Species Council List of Invasive Plant Species, or listed on the Atlantic Beach
Prohibited Species List that are not native to our specified geographic area and can cause
environmental or economic harm or harm human health.
Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass,
and ground cover; landscape water features; and nonliving durable material commonly used in
landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces
(pavement).
Ge i;eel icensed landscape architect shall mean a t-e person who holds a designated
-;+ime speeies, s definedlicense to practice landscape architecture in this ,.h-.pter and that is ten (IQ
rhes r,QHOF ease . the State of Florida.
Maritime forest shall mean the collection of trees, to include its canopy, the understory, and
ground cover in and around the e+tyCity, 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 tFee ,...nseF. at, .. F,.�.�Tree Trust Fund.
Native shall mean a plant species occurring naturally within the
0 neludes these species undeFFAEK)d as iRdigeROUS, eGGUFF48g *R Ratwal asseeiatiens in habitat5 that existed PF*E)F tE)
sigRifieant human impaets and ke atie of the lands agraphic area.
Naturalized exotic shall mean an exotic species that sustains itself outside cultivation.
Created: 2025-03-25 09 23 31:29:12 [EST]
(Supp. No. X50)
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.
.deStFU .,+ieR of -. . tFees .. vegetatien F u late.J by this eh-..,+.,.-
"Nuisenee shall mean -a RY tFee, `L.. ,L. bush,g-Fass GF ...d e . e . the Weedy
etati.,., .,
Public ef
sidewalk;
+he woody vegetatiOR with a ..feetie s disease 9F insect.. eblo
eF, eF
Non-native shall mean a plant species that was introduced to Florida. either purrposefully or
accidentally, from a natural geographic range outside of Florida._
Noxious shall mean a plant that can directly or indirectly injure or cause damage to crops
(including nursery stock or plantproducts), livestock poultry. or other interests of agriculture.
irrigation, navigation. the natural resources of the United States. the public health. or the
environment. Agricultural Risk Protection Act, Public Law No. 106-224 (2000.p_ 114
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.
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.
PawePruninI shall mean the removal of dead, dying, diseased, weak, or objectionable
branches in order to increase usefulness, beauty, structural integrity. or vigor-
of a tree. Pruning shall ff�eanbe in accordance with 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).
Pruning,proper shall mean the substantial alteration of a tree such that there is
irreversible damage or that it is likel to result in the tree's decreased structural into rite. decline
or death.
Regulated tree shall mean any tree as follows:
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(Supp. No. 350)
(1) Private regulated tree shall mean any tree on private property, except those species
listed on the Atlantic Beach Prohibited Species List, """'t ^ the f9119 ORg GeAdit ^S:
with 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.
(3) Any tree planted as required mitigation.
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 arboricultural 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.
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.
T:,f„I ... .mow ,.ha 1 mean a ..-ti fG .,a -.I.,ng FiveFS, astr and esr,..aFies which
Fneveme..+ of the ...Jj•.eent .,sty, �-....
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.
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(Supp. No.3�50)
Tree 6GR F--+dTrust Fund (tree fund) shall mean an account established by the 4tyQty
to ollect cash payment to for the 4wpjjpose of
replacing or enhancing the maritime forest in lieu of providing the required landscape or tFee
ste&trees 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 or its Critical Root Zone, in 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. ^*+hp sr-reton of the -,For trees with a large CRZ that makes
construction virtually impossible. there are alternatives for temporarily_ protecting roots such as
thick mulch padding and steel or wooden plating. A proposed request for these exceptions can
be made during the permitting so the the administrator may determine if 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, spiking, girdling, chemical oisonin&
improper Bruning=changing the natural grade above or below the root system or around the
trunk= or i.v...F,..,, F P-„Rigg Wh -Fedamage to the RAt',raI.4efRFvrOOt systems by cutting or damaging with
the pressure of the tFeeis peFFAanently ,.hanged and - ults in +.e„ death er de-eline-equipment, vehicles, or
material.
Tree or vegetation removal permit shall mean the written authorization issued by the c4wCity
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.
Pree to
PFGr=edUFes to be PFacticed within the eity;
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
Created: 2025-03-25 09 23 n�03;3 :29:12 [EST]
(Supp. No. X50)
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.
mean any undesked, uncultivated plaRt that grows IF; pFefWSieR SE) aS t9 GFewd e6lt a EleSOF
(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)
DIVISION 2. ADMINISTRATION
Sec. 23-12. City commission.
The eity e9FAFnissie.,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 e4y4City's maritime forest.
(3) To amend this chapter as may be needed to accomplish the stated purpose and intent of
this chapter.
Created: 2025-03-25 09-23-44:&9:31:29:12 [EST]
(Supp. No. 3450)
(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
implementation 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.
Tt. Te '.. ..t -,'...,Il eF dS FeI..Vng to this ehapteF .,...d its -.dffl:Re-rtr-.tieR.
FequiFed by this ehapteF
FeFnev..I r fflitS as set fwth i se -tion 7']44
as ..et feFth i eetien 2:3 72 as Fnay h.... .,.J.,.d
(6) TG GGRAIGt field ffinspeGtieRS as needed- t:9- Mi -AP- Feiatp-d- tp- trp-p- RRA vegetatiBR
lat plans with aPPFE)PF4ate city i i
..Ia Fg.,.n eRt of str...+..r., il; n ewnpliaRee with the PFOViSiens of this ehapteF
(8) To recommend to the eity eeFAFn4ssi9FCitv Commission projects consistent with the
purpose and intent of this chapter, with a .itt,.n stateFnent ,.till°.... the ..,,StS @R d heRefitS ,.f
h . etom
(9) To recommend to the eity co City Commission amendments consistent with the
implementation of the purpose and intent of this chapter, with a WFi+tee st,teFnent eutli..i..,.
the need f.,.- S ..-h .-h-.Rges
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-14. Tree eagagarwaVaR fimcffrust Fund.
(a) Establishment of tree trust und. The Citv Commission hereby recognizes and
reaffirms the prior establishment of the tree eenseF .atien fund ("t_ee fidnd"`Tree Trust Fund for
the purposes of accepting and disbursing monies paid to the eoCity as part of tree
mitigation and any other funds deposited with the eityC.ity for the purpose of tFee and
aid&tee en.Pnhancing the tree canopy. This fund shall be used solely
„st-.hli.-h..,P...t of ..eeet,t6AVe v e s 9 bi esaS described in the ,.ity and a etheF ,-ill.,... eests asseeiated ...6th
Created: 2025-03-25 09z3 11iO3!.31:29:12 [EST]
(Supp. No. X50)
SUGh @GtiVitieS, PFOVided that sueh aRrAlaFy eests shall net emeeed twenty (20) PeFGeRt of the rzest ef the
-tiGHIa- ffejeetthis section.
(b) Terms of existence. The tree fund shall be self-perpetuating from year to year unless
specifically terminated by the eity eemmissienCity Commission.
(c) Tree #u-R4Fund assets. All funds received shall be placed in trust for, e -the public
use and environmental benefit of the 4t-yCity. Said funds shall accordingly be used and
distributed as designated by the eity Commission.
(d) Tree fund administration.
(1) Tree funds shall be used only for the purposes designated by the Gity G„ ,„m.ss*9 .QitY
Commission in accordance with the intent of this chapter and the applicable goals,
objectives and policies , -„t the COMPFehensive 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 &yCity.
(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 c+ City. The ewoir, RrneRtal st,,..,aFdS";p
eeEnvironmental Stewardship Committee (ESC) shall review and make
recommendations on the disbursal of all tree fund assets to the eit•• cwnmismen. The city
QWnMiSSieR "all "a• City Commission for final approval R -R all a.s",,rsals of the tFee F„�a
assets.
(2) Priority shall be given to the use of funds for projects that plant, replace, or protect
trees ewand vegetation ale#gin the City, including both public Fights of way eF en PFE)peh,e,
e#v►and private Rylands. Funds can be used to support the maintenance of trees.
Funds may be used for ancillary tree protection costs provided the tFees . Fe planted ...,t";..
the fFent ..,.-.a set".,ek e n the e �that such costs shall not exceed twenty (20�
percent of GeFReF tetS GFIIy�the cost of the FeqUiFed side • a.d 5et"aek aFea5 .hie" adje;n a publie
Fight of way that will provide Reeded shade, aesthetic enhaneement OF the re establishment Of tFee
eedsand aleRgPUWE-particular project.
For trees planted on private property funded by the Tree Trust Fund, the property
owner shall be responsible for maintaining the health of the tree(s). sheuld the
beiRg
�iRatieFt
dete-
Seeen aF4yAs a secondary Vriority, funds may be used for purchase of landscape
materials or equipment necessary and-ffepe -for the preservation, maintenance,
relocation and/or restoration of trees and ecosystems on any public land in the eityCity,
or for the funding of community educational programs which whelp to enhance
BF .,lenient the ga's and objectives established iff,,protect, and. promote the City's maritime
Created: 2025-03-25 09"- 11;03�31:29:12 [EST]
(Supp. No. ")
forest. Funds expended under this ehapterparagraph may not exceed twenty (20) percent
of the total expenditures from the tree fund annually.
(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.
(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,
or ana certified arborist that removal is needed for the purpose of preventing the spread
of disease or pests.
(4) Nex4eus invGsiyeInvasive trees. The removal of invasiveBF Raisa„ce trees, as currently
listed by the Florida Department of Agriculture and Consumer Services (FDACS),
Florida Department of Environmental Protection (FDEP), Florida Exetie Pest olap+
Invasive Species Council (FEPPQ;FISQ. or the Atlantic Beach Prohibited Species List,
eF me ether Feea..n:,. d alithE)FRY, shall be granted an exemption upon inspection and
verification by the administrator, or aRa certified arborist.
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(Supp. No. X50)
(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 c#yCity 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 c4wCity before commencing such work and
make every effort to retain as much tree canopy, to avoid damaging tree roots, and to
prune in a way that leaves trees safe and structurally sound.
(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 e+wCity 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 eiteAll efforts will be
made to make that area aesthetically pleasing. to avoid damaging tree roots, and to
leave trees structurally sound. The City shall not have the responsibility to maintain,
prune or remove any damaged, dead or diseased trees on any private property within
the c-}yCity.
(8) lExemptions�l Applicable exemptions in accordance with Florida Statutes.
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 c+tyCity 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.
Created: 2025-09-23 11:03:31 [EST]
(Supp. No. 51)
(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 si%4Ci�'s website and
send to n+a_' s+,...,aFdship e t-eeEnvironmental Stewardship Committee (ESC)
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.
f4�— The administrator may refer the application to other soCity department(s), the
ESC, or a consultant during preliminary review. The applicant shall be notified if
extended review by other departments and/or professionals is required.
(&4) 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), 3ethirty-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
Created: 2025-03-25 09 " 11;03��:29:12 [EST]
(Supp. No. &1450
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 4tyCity:
(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.
{4(d)InWections required. The applicant shall schedule all required inspections in accordance
with Section 23-24 following application submittal.
(e) Mitigation calculations. Upon completion of the required inspections. staff shall provide the
applicant with the applicable tree mitigation calculations pursuant to Section 23-33.
(f) Mitigation plan submittal. The applicant shall submit a mitigation plan within thirty (30)
calendar days of receipt of the mitigation calculations. The mitigation plan shall:
(1 ) Include a site plan identifaJng the location of all preserved trees, relocated trees, and
proposed new trees:
(2) Indicate the species and caliper size of all relocated and newly planted trees;
3 If the applicant elects to satisfy mitigation requirements through a went in lieu of on-
site planting, include documentation detailing the number of caliper inches to be mitigated
through payment, as well as any other information deemed necessaryby the City.
fy) Compliance review and approval of applications. When the administrator's application
review process and inspections have been completed and an approved mitigation plan has
been submitted, the administrator shall distribute the approved €reetree permit to the
applicant and all members of the ESC and upload the draft permit to the 6ty'sCity's website.
(eh) 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.
(#h) 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,
parcels or areas of land shall be contiguous to one another and considered as one (1) parcel
for the purpose of development.
Created: 2025-03-25 09 23 x':31:29:12 [EST]
(Supp. No. X501
( ) 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 c#yCity. It is the responsibility of the applicant to maintain the permit in a
clearly visible manner at all times.
(41D 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.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21; 9rd. No. 915 29 124,1, S 2
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.
Created: 2025-03-25 09 23 !1iO3s31:29:12 [EST]
(Supp. No. -54450) _ _
(1) Initial inspection. The receipt of a completed application, the administrator shall
conduct an initial inspection of the site to verify the information
list on the 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. Barricades shall be installed in accordance with
Section 23-32.
(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 inspections
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 pFepeF staking and taping a y t0 allew the aa.Y,:RiStFaWF
as follows 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. ARY pFepeFty
Uessed by the e9astal GeRStMetieR GE)RtFel line shall have that line rnaFked en the gFound with
labeled "CCGL'.
(3) All trees to be preserved during development activities, including ,.:+-.l Feet syste_their
Critical Root Zones , shall be barricaded according to @ tree .._„+ Etie...J-.n % :s.,,.,+ "..:+h
adMiRiStFaWF W : ple Rt th:5 p,h.Section 23-32.
(4) All trees proposed for removal shall be clearly identified with red or orange surveyor's
tape or paint.
(5) All trees proposed for protection as mitigation for removed trees shall be clearly
identified with blue or green surveyor's tape or paint placed ate e level throughout the
construction period.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Created: 2025-03-25 09. 23 "z- --11:03! :29:12 [EST]
(Supp. No. '"" )
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 suhro..,m'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 *-ee beemm°++—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 tFee subeemm'*+eeTree
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 t.ee beemm°te-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 #-gee
sebeemmotteeTree Subcommittee meeting.
(b) Variances. The eemmunity deyelepme^* beaff 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 c-emm unity aeyelepsnon« "ea:aCommunity
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
eoCity 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.
Created: 2025-g2-2_509 2914i -A3-32:29:12 [EST]
(Supp. No. X50)
(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
eemmuRity devel,,.... ent be 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 amity
development 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 eamF..uRity a„•.„ l,,... ent beat Community Development Board
may prescribe appropriate conditions in conformance with and to maintain consistency
with &-yCity 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 ce FA munity develepmeRt beaCommunity 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.
Created: 2025-03-25 09-23-11:9331:29:12 [EST]
(Supp. No. X50)
(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
develepment 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 eemmunity develepment beaf4Community Development
Board related to this chapter may be made to the Gity GGMMOSSOORCity Commission by
any adversely affected person(s), any officer, board or department of the c4wCity
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 4Gity
Clerk within thirty (30) days after rendition of the final order, requirement, decision or
determination being appealed. The appellant shall present to the city eeFnFnissienCity
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 eity __mmissieF City Commission at a date and time set by the
city 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; ^-d. r4e. 9s 2s 174, § 1, S �)
Sec. 23-26. Fees.
(a) Application fees. The eity eemmissieRCity 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 dwCity 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. 1eDeveloped sinil le- or two-family residential uses (per lot',&) $150.00
Created: 2025-03-25 09-23 lliO3i3l:29:12 [EST]
(Supp. No. 1-50)
b. New construction or vacant single- or two-family residential uses(per lot
500.00
c. Multifamily residential mouses $250.00
Ed. Commercial or industrial mouses 5250.00
de. Institutional and any other --res;2_90 00
(2) €xtens+eRs58uses $250.00
(3) Ap pea Appeals $500.00
(4) varian =e&3Q9Variances $500.00
(b) Reinspection fees.se 55.00
(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 c4City. 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
multifamily 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.
Created: 2025-03-25 09 "-23 !1!03! :29:12 [EST]
(Supp. No. X50)
(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.
(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 hely an approved
tree protection plan. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread.
(b) Pruning root disturbance or removal of 4wfj_q trees. It shall be unlawful for any
person to trim, prune, damage. or remove any tree which is within the 4ty'sCii s rights-
of-way or upon any other 4tyCity property without the permission of the 4wCity as
evidenced by the appropriate permit.
(c) Tree peisenk4 , gif4iin y, er sp&inydmaze. It shall be unlawful for any person to subject a
tree to any danger from poison or reactive material, fFerfrgirdling with wire, cable or
similar material, Ar frern inserting metal or chemicals into a tree, or cutting compressing..
or otherwise damn ing a tree's root system.
(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 without a City_permit such that the minimum requirements of section 23-
30 are not maintained.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Created: 2025-03-25 09 23 11:93;31:29:12 [EST]
(Supp. No. )
Sec. 23-32. Tree protection during development and construction.
It ,6 t"a ;"tent of this tieR that en a"All properties u ndeF d,.••,.l,.. Fnent, regardless of whether or
not a tree removal permit is required, the property owner(s) and their agent(s) shall ensure that thp
FneasW Fes de-ser;"e,- ;R +":_ "lila within ....,,,r W pretee-t the protection of all regulated trees
that may be impacted by t4erepairs, improvements, and/or any development activities. The
owners and a ent s shall ensure full compliance with the measures described in this section to
protect the Critical Root Zone. trunks. and canopy of trees.
(a) Restrictions during construction.
(1) Placement of materials, machinery, or soils. It shall be unlawful for any
person(s) to cause or allow the st9Fagetemporary or permanent placement of
construction materials, soils, or stones or the passing of, placement, or use of
heavy equipment or machinery, 9F the tempeFaFy s+„..,ge of soil depesi*s- within the tr-ee
pFet etien izeneCritical Root Zone of any regulated tree -e+., group of trees to be
preserved. or trees on an adjoiningProperty or right-of-way.
(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. Fu Ft:,e :.,-This includes prohibiting the temporary
placement ofany of these or ethefsuch materials that may be harmful to the soils,
water. and/or life of a regulated tree may Ret be allowed to sit ^n or epteFnear the soil
within the tree protection zone ��� a -Fe to he ri+„a+ a
(b) *Property Owner responsibilir v for tree protection ._ The
property owner(s) and their agent(s) shall ensure that any tree ;""1•9•' ^^ +"., .. ,- +," ,
iwL-for which a tree removal permit has not been obtained is to be carefully
protected. The property owner shall further guarantee survival of preserved, relocated,
and replacement trees for no less than three (3) years from the date the c#yCity accepts
the trees and landscaping as complete, W Mess a gFeateF time 9d iS Fequired "••
If a preserved, relocated or replacement tree dies during that time
period, the property owner shall nromptly-replace the tree in accordance witha femev;a;
aetieR S Fed by this ehaptef5ection 23-34.
(c) Protective barriers and signage required. Pr, .eSturd . protective barriers and
signage shall be installed around the Critical Root Zone of every tree or group of trees
to be preserved prior to commencement of AaLconstruction-. Barriers shall remain in
compliance ...i+" the guidelines in the T -Fee Pre -t .etie-r. Co-Wde fee Buil. eFs 1p ace and neyelepmr
publishe-d byintact throughout the AsFa e+v+s+eeduration of FeFestFy andnonStruction or aey
ethe. - able - nts .J...,med a teuntil all risks to the protected trees have
been mitigated, as determined by the administrator to implement_. Removal or relocation
of barriers prior to written approval shall constitute a violation of this i9aFt. Code.
Created: 2025-03-25 09 23 11:!03:31:29:12 [EST]
(Supp. No. 3-150)
(1) Teepepar-y inimum barrier distance. For all protected trees to be preserved on site,
tempore protective barriers shall be placed at lea ;not less than 10 feet
from the base of any tree. Further, for all trees that are 30 inches DBH or
greater the barrier shall be placed not less than 15 feet from the base of any
treeand shall encompass at least fifty (50) percent of the area under the Vie#
*he ..,-MinistFat wunpruned drip line of a tree.
Where compliance with the above provisions is physically not possible, a request
to provide an alternative for part of the area, such as a thick pine straw mulch or
padding that is maintained at no less than 6 inches deep for part of the protection
distance, may be considered by the Administrator.
(2) Barrier construction standards. Protective barriers shall be at
'P4r+
three «) Fee*°Rh,Pstablished as follows:
a. Be not less than 42 inches in height: and ,4�„a„-�e, .,
b. Be constructed of e4ker-a-wood or metal fencing that provide
protection and durability_ and.
c. Be supported by steel or two-by-four LZIL4 posts placed a maximum efspaced no
more than eight (8) feet apart and secured with a top rail, eF a
(# d. Have clearly visible signage stating "DO NOT ENTER" or "NO ACCESS"
placed on or above the barrier at least every eight (8) feet.
Created: 2025-03-25 09 23 1".03:31:29:12 [EST]
(Supp. No. )
Adjacent properties. The property owner(s) and their agent(s) shall ensure protective
barricading of all regulated trees located in the right of way or 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.
The purpose of mitigation is to incentivize protection of existing trees and, where that is not
feasible, ensure sufficient }planting and care of appropriate new ones.
(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.
(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 LR��
CATEGORY OF REGULATED TREE
Diameter At Breast Height (DBH)
NaFneteF at
Weast height
Innlessequ(DBH)
+ham.. f.,-.+.,.,.,
r-);n,;,P- * P-:-
bFeast height
-r gF,a+e.
mai
b Feast h&ig4t
of+hiFty
!301 i,eh.r ,
Heritage
Ratie *s
expFessed -,
Created: 2025-03-25 09-2'":29:12 [EST]
(Supp. No. )
Where a property falls under the definitions of both a vacant lot and new construction, the
mitigation requirements for a vacant lot shall apply.
1 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.
2 Developed lot shall mean any parcel upon which aRy b ildiRg-•-• •OUFe payem. Rt EI--.e-mwate- f,e::..• exists OF .
��-• a�€ ,aF,o€ .a buildinior home exists and will be
retained.
'New construction shall mean the construction of a new principal building. For the purposes of
this chapter, this definition does not include construction proposed on vacantet . T���- lotshis
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.
Created: 2025-03-25 09 "- 3:29:12 [EST]
(Supp. No. X50)
11 n),hes
R;#On i;
ds
�-hPr,
,=p mAwpd -
than fn-r+o, r,gFeate
(1 4) iRGh -
�
and risyn r
^µ
�_/
ifC, he5
� mems
expFessed as
5
2£l-
X25
,,a.
Ti�i-rvcccr.
i n cP H
to 13 in.
expFesse
+rimes
in. or more
'. ch., A� �--1
mc-wr' cv
14 to 29 in.
met}
1:9.5
14MA
Vacant / Developed lot
1:0.5
1:1
1:2
1:3
New construction
1:1.5
1:2
1:3
1:4
D . h l ., r.., r+,.
44
Other, ublic
1:2
1:2
1:3
1:4
property, environmentally
sensitive afeasIarea, historic
corridors
W:s+„r;e eerridn-;-s
1
1 3
1 4
Where a property falls under the definitions of both a vacant lot and new construction, the
mitigation requirements for a vacant lot shall apply.
1 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.
2 Developed lot shall mean any parcel upon which aRy b ildiRg-•-• •OUFe payem. Rt EI--.e-mwate- f,e::..• exists OF .
��-• a�€ ,aF,o€ .a buildinior home exists and will be
retained.
'New construction shall mean the construction of a new principal building. For the purposes of
this chapter, this definition does not include construction proposed on vacantet . T���- lotshis
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.
Created: 2025-03-25 09 "- 3:29:12 [EST]
(Supp. No. X50)
4 Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic
Beach which meet , e (1) Oftho f6lle.. iAg UiteF; ,:
.is defined in
Chapter 24.
5 Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special
historic, architectural, or cultural value to the citizens of the drCity as declared by the &,
City Commission.
(c) General conditions. Mitigation shall be in the form of preservation of existing protected
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 F9. mei ht 8 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
F„ W gated ,......t,,. shall not require mitigation. Relocated trees that do not survive the three
year maintenance and monitoring period under Section 23-34 shall be re . laced according to
the then current mitigation guidelines within sixty (60) days of that determination.
(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.
Created: 2025-03-25 09 29 11!03�41:29:1 [EST]
(Supp. No. 5450)
a. Oaks shall have a minimum four -inch DBH and twelve -foot height at time
of installation.
b. All other new replacement trees shall have a tee- 4 (4) inch +DBH
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 recommended list may be
utilized, but in no case shall trees from the Atlantic Beach Prohibited Species List,
also maintained and published by the c+wCity, be utilized for mitigation credit.
e. In the event that a property cannot reasonably accommodate required mitigation
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/a) 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 nearby off-site mitigation plantings and maintenance obligations shall
be attached with the tree permit application.
f. 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
Botanical Name
Ash, Green
Fraxinus pennsylvanica
Ash, Water
Fraxinus caroliniana
Bay, Loblolly fluid Red
Gordonia lasianthus
Cedar, Southern Red
Juni eros silicicola
Cypress, Bald
Taxodium distichum
C gess, Pond
Taxodium ascendens
Elm, American or Florida
Ulmus americana
eFida
Hickory, Mockernut
Carya Tomentosa
Hickory, Pecan
Carya illinoensis
Hickory, Pignut
Carya glabra
Hickory, Water
Carya a uatica
Created: 2025-03-25 09-23 11:03:31:29:12 [EST]
(Supp. No.3�50)
PALM TREES
Common Name
Botanical Name
Magnolia, Southern
Magnolia grandiflora
Magnolia, Sweetbay
Magnolia vir iniana
Maple, Florida
Acer barbatum
Maple, Red
Acer rubrum
Oak, Live
Quercus vir iniana
Oak, Shumard Red
Quercus shumardii
Oak, Swamp Chesnut
uercus michauxii
Pine, Loblolly
Pinus taeda
Pine, Long -leaf
Pinus palustris
Pine. Pond
Pinus serotina
Pine, Slash
Pinus elliottii
Sugarberry
Celtis laevigata
Sweet um
Li uidambar styraciflua
S camore
Platanus occidentalis
Tupelo
N ssa s lvatica
PALM TREES
Common Name
Botanical Name
Palm, Cabbage
Sabal palmetto
Palm, Canary Island Date
Phoenix canariensis
Palm, Pindo
Butia capitata
Palm, Sylvester Date Palm
Phoenix sylvestris
Palm, Washington
Washin tonia robusta
UNDERSTORY OR ORNAMENTAL TREES
Common Name
Botanical Name
Cedar, Red
Juni erus vir iniana
Cra e Myrtle
La erstroemia indica
Elm, Winged
Ulmus alata
Holly, American
Ilex o aca
Holly, Dahoon
Ilex cassine
Holly, East Palatka
Ilex attenuata
Holly, Yau on
Ilex vomitoria
Lot uat. Japanese Plum
Eriobotrva 'a onica
Oak, Mvrtle
Quercus m rtifolia
Oak, Sand Live
Quercus eminata
Created: 2025-03-25 09 "—-g'm:29:12 [EST]
(Supp. No. X50)
Pedew
PFivet, Glossy
r. um
Redbud
Cercis canadensis
Riverbirch
Betula nigra
Wax Myrtle
M rica cerifera
White Frig etree
Chionanthus vir inicus
Willow, Carolina
Salix caroliniana
(2) Selection criteria.
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.
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:
Created: 2025-03-25 09--P3-1X1:29:1.2 [EST]
(Supp. No. -"--)
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 ept+mal growth and viability of trees, though tFees may be planted ,ewer *. geth. .
1. snia4AII trees With R -J tWe hei..h+shall be spaced not less than
five (5) feet apart from other trees and be no less than five (5) feet away
(measured from the base of f ) tethe tree) from homes, pools,
drivewns, and other impervious areas.
2. Medium and large trees with normal mature height greater than thirty (30)
feet shall be spaced at least ten (10) feet apart and and not less than 10 feet
from homes or other built structures.
NAP-diUM tFees 9F Pa'FRS With ROFFnal FnatWe height of thiFty (30) te f44y (50) feet shall be
spaced at least tweRty (20) feet-.
3. Large trees with ner.m.alfflaw-rea height ef fifty (50) feet OF FRGFe shall he spaeed at leaS
4
3. 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 cityCity 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
Created: 2025-03-2509 "--�-n•. 29:12 [EST]
(Supp. No. X50)
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) {Guidelines4_ The natural vegetative communities existing within the ciwQity shall be
protected by the control and elimination of non-native invasive species. Te that ,,.,.J the
fellewine guidelines shall apply -i
(1) Planting of species eR the AtlantiG Prohibited Lj-A�ecies listed in this section
shall not be eeeeptedused for mitigation credit.
4�--Removal of RAM tive iR ethe listed species F -em nenresideRtial . mins (ex,.ludi.,,.
66dieti.,..a1 wetlands), shall shall be completed, wheReye~ pFaetieable, as a requirement for
approval of any development permit issued by the eity 9F the , r-ea"*ifleate 9f
(3) or,.,...dWes f,,. the . .,tr.,l .,..a eCw,i.,ati.,., of *i.•eCity. All removal methods shall avoid
spreading invasive species and shall ete the ..Iife-ra*ien „'the species th.. .,h
(4) PFeeedures shall in ne wayaot harm er-ea�rse
the decline e f .J.,r Sable species that a e to be . ed .,I -...+ed e .,I..ea native plants.
(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
casuarina cunnin hamiana
Australian pine thicket
casuarina glauca
Bischofia
bischofia 'avanica
Brazilian pepper
schinus terebinthifolius
Camphor tree
cinnamomum cam hora
Carolina laurelcherry
prunus caroliniana
Carrotwood
cu an. sis anacardioides
Castor bean
ricinus communis
Catclaw mimosa
mimosa pigra
Created: 2025-03-25 09 23 x :29:12 [E57]
(Supp. No.3�50)
Chinaberry tree
melia azedarach
Chineserivet
Liaustrum sinensis
Chinese tallow
sa ium sebiferum
Chinese wisteria
wisteria sinensis
Climbing cassia
senna pendula
Earleaf acacia
acacia auriculiformis
Golden Raintree
koelreuteria paniculata.
Guava
psidium guayava
Jambolan
syzygium cimini
Laurel fiR
ficus microcarpa
Lead tree
leucanea leucocephala
Melaleuca tree
melaleuca quinquenervia
Mimosa tree
albizia 'ulibrissin
Orchid tree
bauhinia varie ata
Paper Mulberry
Broussonetia papyrifera
Schefflera
schefflera actino h Ila
Seaside mahoe
thespesia no ulna
Shoebutton ardesia
ardisia elliptica
Strawberry guava
psidium cattleianum
Woman's tongue
albizia lebbeck
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-36. Elimination of contagious diseased and pest -infested trees.
The natural and cultivated vegetative communities existing within the c4wCity 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 s�tyQity 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
Created: 2025-03-25 09 m 111!03M:29:12 [EST]
(Supp. No. X50)
fund shall be established and ad ual tree
mitigation rate and be reviewed by the Gity ,.,,.....,,«",.., and payment- ESC. 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 c4y!-, 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 c4wCity 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)
Sec. 23-41. Historic corridors and heritage trees.
(a) Designation. The eity commissienCity Commission may by resolution designate historic
corridors or individual heritage trees. In doing so, the &y eaFnFnissioRCity 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 ofMay,9LI' the enly designatedDes ignated historic orridors.
t 1) Public colonnade of palms in the ekyCity right-of-way on the east and west sides of both
Ocean Boulevard and East Coast Drive from Atlantic Boulevard to Tenth Street.
Created: 2025-03-25 09 23 11!93-x:29:12 [EST]
(Supp. No.5�50)
(2) Public colonnade of halms in the City right-of-way on 7"i Street between Ocean
Boulevard and East Coast Drive.
(b) Criteria. In considering whether a tree shall be designated as a heritage tree, the c4yCity
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 eity!sCity'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 tree colonnade on private
property, the eity eem Fn 6 ssieFiCity 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 4tyCity 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. Every effort should be made to preserve a tree that meets the definition
of a Herita eg Tree.
(e) Effect of historic corridor designation. Trees, colonnades, and landscape areas aleegvisible
from roadways, 9r peniens thefeef, which have been designated as historic corridors or
heritage sites 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 esty eemmissieeC'"ity
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 likely threatened
by such historic trees; or
(2) Remeval is neEessan• Sjpecial circumstances to allow approved ingress to mor egress
from the property
(3) Speeial-e+eeamstaneese*ist, such as handicap accessibility,...hieh FeqUiFe FeFnGvalj eF
. This exception does not include merely a preferred building design.
(4) TL.eFe it etheF similar valid, legitimate r .. fr.r r .a1..(3)
1
Created: 2025-$-25 09 23 11103:31:29:12 [EST]
(Supp. No. 1
(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 c4yCity 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 eoCity or in
accordance with a permit issued by the eiwCity pursuant to this chapter, or who has
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)
Created: 2025-03-25 09"— 3:29:12 [EST]
(Supp. No. ")
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, identifying 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 up to seven (7) calendar days after the receipt of
notice, or such4&ngef 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 eit .v._.. oo.-City Manager or designee of the City
Mana er 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.
(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)
Created: 2025-03-25 09— ; 11103:31.29:12 [EST]
(Supp. No.3�50)
Sec. 23-49. Requirement for emergency or immediate corrective action.
Where it is determined by the c4wCity 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 eiwCity 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 dw ity 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.
(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.
Created: 2025-e3-25 09-2311 :03;31,:29:12 [EST]
(Supp. No.
(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 ofrior aerial
photography, available photos, or other sweh aeeepted re-Jentifie 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 Uveten dollars ($510.00) per square foot of canopy
or land cover lost &Wumav 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 cwCity 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)
Sees 23 53 23 54 Dncnr;;Pd
DIVISION 7: — ENVIRONMENTAL STEWARDSHIP COMMITTEE
Created: 2025-03-25 09--23—H t- .31:29:13 [EST]
(Supp. No. )
Ses,-Sec.23-55r-. Purpose.
The maritime forest in Atlantic Beach is core to the c4y4CAVs 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 4tyCity 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 c#yCity. 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 c4wCity. 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.
(u) It shall be the purpose of the envirenmenta, stewaFds ip e A*teeEnvironmental
Stewardship Committee:
a --f To study and make recommendations to the effity eammirsieFvCity Commission and
c4wCity staff with respect to the 4ty'sCit :
ia. Maritime forest;
ab. Parks, preserves and open spaces;
-3c. Beautification of public and private spaces; and
4d. Environmental stewardship.
4.121 To act as a motivating and coordinating body to encourage joint public and
private participation in promoting these purposes.
Sec. 23-=56.- Duties and responsibilities.
LaIScope of activities. The eAViFEMmental s+,,.. aFdSh:p cemmitteeEnvironmental Stewardship
Committee shall provide guidance, support, and suggest priorities and projects to the eky
;ss+enCity Commission and city manageF.City Manager._ The Eity EemmissienCity
Commission will have an annual joint eammivsiaeCommission and ESC workshop to discuss
the 's ommittee's priorities, suggested projects, and annual workplan. The c+w
eemmissienCity Commission will prioritize the committee's work plan related to
these recommendations:
(1) Maritime forest.-_
-a. Clarifying and strengthening the eity &C-ity's processes and all tree and
landscape related c+tyCity codes and ordinances;
Created: 2025-09-23 11:03:32 [EST]
(Supp. No. 51)
b. Monitoring the appropriate administration and enforcement of the eit-ysCity'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 &y4City's status as
a bona fide "Tree City USA;"
h. Developing a process for systematic, review of the c4y4City'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 4wQty.
(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 theCid 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, e#yCity
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 public
properties; and
Created: 2025-09-23 11:03:32 [EST]
(Supp. No. 51)
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 e-iy'sflood management system;
d. Reviewing the ekysCity'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.
LaL',—Staff will be assigned by the �:��a _. o�.-City Manager or designee to provide
technical and administrative support. _Staff 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 eyde;City
Clerks office.
fhh(-b}—Staff will be responsible for the collection and expenditure of any c#yCity funds
in accordance with purchasing guidelines.
(G ^ . Ne.. 99 25 124, § 1, 5 27 25)
Sec. 23- – 58. -=Membership, terms, appointments, geographic requirements, composition.
(a) Membership. The committee shall- consist of nine (9) members. 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 44II, Section 5(a), Florida
Constitution.
(b) Terms._ 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 effity Clerk. Any vacancy during the unexpired term of an
appointed member shall be filled for the remainder of the term. Should the length of
Created: 2025-09-23 11:03:32 [EST]
(Supp. No. 51)
the unexpired term be less than one (1) year, then such appointment shall not count
towards the maximum number of consecutive terms.
(c) Appointments. Committee members shall be -recommended by the board member
review committee and shall be approved by the commission.
(d) Geographical requirements. There shall be at least one (1) member representing
each 6ty ity district on the eeCommittee. Each committee member must be a
full time resident of the 4tyCity or own real property in the 4tyCity. 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 eit manager-, eity GlerkCityManager,
City Clerk, and chair in writing upon no longer meeting the membership
qualifications.
e Capacity and composition requirements. The evaluation and
recommendations of potential members to the Commission will be based on a
defined candidate criteria matrix including how well the prospective candidate
demonstrates the skills ex erience expertise, and educational background
documented in the Composition section below.
To the extent possible, committee members should demonstrate at least one (1) of the
following skills, experience, expertise, educational background or interests:
{rya. Knowledge of best practices in environmental management, resilience, and
sustainability;
4yb. Land development and building construction;
4)} L. Urban planning and design;
Cyd. Arboriculture and horticulture;
(eye. Landscape architecture;
{64f. Environmental policy;
{74g. Environmental and censtkuti law;
.Rqh. Community engagement; and
{%j.. Educational programming.
(f) Procedures and rules; or-gan %tfer+,Or�ani ation of e#efsOfficers.
LLL4�—The eeffw4tteeCommittee shall schedule no more than two (2) monthly
meetings in the City Commission Chamber or other public
venue.
LZL4ySpecial meetings may be called by the eCity Manager or
designee, with at least a forty-eight (48) ,'hour notice.
(3)— All meetings of the eemwAteeCommittee shall be properly noticed and open to the
public.
Created: 2025-09-23 11:03:32 [EST]
(Supp. No. 51)
(4)—_The eemmitteeCommittee 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 Qty-!sCit
Code of Ordinances and applicable resolutions, as may be amended from time to
time.
(5)—_The remmitteeCommittee 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 &y'sCi� Charter, Code, or other 6WCity
ordinances, shall be the rules of this rommittee Committee.
(7)—_The committee shall establish a tree subcommittee in accordance with
subsection (h) below. The tree subcommittee shall develop and recommend
policies, programs, education, and incentives aimed at preserving, protecting, and
enhancing the eqmFnwffWt'scommunity's tree canopy._
(8) The committee shall _not create subcommittees.- without approval of the City_
Manager.
(g) Removal of members. Any member on the committee may be removed for cause by the
c+yCommission upon written charges and after public meeting. Any
member who fails to attend three (3) ESC meetings in three (3) consecutive months
without prior notice to the director of planning and community development or his/her
designee and without reasonable cause shall have their seat declared vacant by the
committee. The vacancy shall be promptly reported to theCity Clerk and filled
by the eity eemmffissiepCity Commission.
(h) Establishment of trove s..b„-,,..,..,: e Subcommittee membership, terms.
-(1) There is hereby established a tree S•Hh,.,,mm; ree Subcommittee of the
envwenrnentai stew....dship eemmitteeEnvironmental Stewardship Committee, referred
to in this subsection as the subcommittee. The subcommittee shall systematically
review tree permits submitted to the c4wCity 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 teethe 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 mat
+,,..,aFdShip ,-,.....mitteeESC may volunteer to serve on the subcommittee and shall be
appointed to the subcommittee by the n},'stewaMship e&ffwftitt.LSC. All
of the members of the subcommittee shall be members of the eAViFGHWeAtat
+,,,. aFdShip eewmittee.ESC. The eRViFBArnental steWaMship eemmittee-ESC 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
eHViFenmental s+,... aFdShip compAitteeESC after a seat on the subcommittee has
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(Supp. No. 51)
become vacated. Members of the subcommittee may serve for as long as they
serve on the Rtal-+e..,,-.,ship eammittes�ESQ.
(2) Organization of Subcommittee.
a. Theo ental SteWa-d-"°pR+it- ESC shall establish a regular meeting
schedule of the tree--A-gemmmittei Tree Subcommittee.
b. The administrator or designee shall attend all meetings of the subcommittee.
A c4wCity staff member designated by the city FnanageFCitv 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 `Cite Clerk's office.
c. The subcommittee shall utilize the rules of the o....,-ARR.eRtal s},,,.,.,-d..h,„
eGmm#teeESC. 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 theeity isle"City Clerk's office and shall become
public record. The subcommittee will operate in compliance with Florida's
Government in the Sunshine Laws.
Sec.. 23-59: Liability to c-ity.0h.
The eit eemmiss enCity Commission shall consider the recommendations proposed
by the e&mff4tteeEnvironmental Stewardship Committee, but nothing in this section or
otherwise shall be construed as authorizing or empowering the eemmitteeCommittee to
impose any liability of any nature, financial or otherwise, upon the eityCity, without eiwCity
approval.
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(Supp. No. 51)