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HomeMy WebLinkAboutEnvironmental Stewardship Committee (ESC) - 11 Feb 2026 - Agenda - Pdf City of Atlantic Beach Agenda Environmental Stewardship Committee (ESC) Meeting Wednesday, February 11, 2026 - 6:00 p.m. City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Page(s) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. COURTESY OF THE FLOOR (5 MINS.) 4. APPROVAL OF MINUTES 4.A. Approve minutes of the January 14, 2026 regular Environmental Stewardship Committee meeting. ESC 01.14.2026 Minutes (draft) 3 - 12 4.B. Approve minutes of the January 28, 2026 regular Environmental Stewardship Committee meeting. ESC Minutes 01.28.2026 (draft) 13 - 20 5. OLD BUSINESS Preparation for March 2, 2026 Workshop with Commission 5.A. ESC 2027 and 2026 Priorities 20250611 ESC 2025-2026 Priorities 21 - 26 5.B. Chapter 23 No to tree removal in setbacks Tree_Protection_Report Developer Tree Recommendations - CoAB Code Chapter 23 Redline 10.16.25 from ESC to Commission 27 - 91 5.C. Article about loss of ancient oak in Atlantic Beach https://www.news4jax.com/news/local/2026/02/02/living-landmark-atlantic- beach-neighbors-voice-frustrations-after-250-year-old-live-oak-removed-for- construction/ 6. STATUS OF UPCOMING EVENTS-COMMUNICATIONS-PROJECTS  2/21/2026 – Weed Wrangle & The Lorax  2/25/2026 – Public info gathering/analysis  Framework for marsh pilot work Page 1 of 91 Environmental Stewardship Committee (ESC) - 11 Feb 2026 7. COMMISSION AND/OR STAFF REPORTS 7.A. Monthly Tree Report - From now on, this report will be provided on the 2nd ESC Meeting of the month by the City Arborist. 8. CHAIR REMARKS 9. MEMBERS CLOSING REMARKS 10. NEW BUSINESS 11. RECAP OF DECISIONS, ACTION ITEMS AND NEXT STEPS 12. ADJOURNMENT Any person wishing to speak to the Environmental Stewardship Committee on any matter at this meeting should submit a Comment Card located at the entrance to Commission Chamber prior to the start of the meeting. This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, visit www.coab.us/live. In accordance with the American with Disabilities Act and Section 286.26 of the Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact Deputy City Ladayija Nichols at 247-5821 or at City Hall, 800 Seminole Road, Atlantic Beach, Florida not less than three (3) days prior to the date of this meeting. Page 2 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 MINUTES Environmental Stewardship Committee (ESC) Meeting Wednesday, January 14, 2026 - 6:00 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: Anastasia Houston, ESC Member Amy Palmer, ESC Member Todd Miner, ESC Member Sarah Boren, ESC Chair Bruce Andrews, ESC Member Daniele Giovannucci, ESC Member Christina Kelcourse, ESC Member Amy Franqui, ESC Member Also Present: Amanda Askew, Neighborhoods Department Dir. (NDD) 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA A. Approval of Agenda MOTION: To APPROVE the agenda. Motion: Bruce Andrews Second: Christina Kelcourse Motion passed 8 to 0. 3. COURTESY OF THE FLOOR (5 MINS.) A. Guest and Topic: Priorities Discussion with Deputy City Manager Chair Sarah Boren welcomed Interim City Manager Kevin Hogencamp and explained that the purpose of having him attend was to discuss priority alignment between the ESC and the city commission. Chair Boren shared that she had sent specific questions to City Manager Hogencamp regarding the definition of priorities, how many priorities the ESC should recommend to the commission, and what additional information should be provided for each priority. Chair Boren noted that two major confusions had occurred in the previous year: the definition of a "priority" and the presentation of the work plan versus priorities. She explained that Mayor Ford had described priorities as urgent matters where "the house is on fire," while Commissioner Kelly suggested priorities could be "cathedral building." Chair Boren expressed concern about overwhelming commissioners with too much information. Agenda Item #4.A. 11 Feb 2026 Page 3 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 Interim City Manager Kevin Hogencamp thanked the committee for their invitation and expressed gratitude for their service. He suggested that the ESC embrace simplicity and focus on a few key issues to achieve higher quality outcomes and avoid burnout. City Manager Hogencamp defined a priority as "the most essential work that the commission can do" or establish as policies for city staff through its strategic plan. He advised that strong priorities should be urgent, achievable within the city's jurisdiction, and connected to the city's mission, vision, and values. Regarding the priority-setting process, City Manager Hogencamp indicated that Linda Lanier would likely return to facilitate the session as she has done since 2018. He suggested that the committee could reach out to commissioners with ideas to improve the priority voting process. He announced that a joint workshop was being planned tentatively for Monday, March 2, 2026, at 6:00 PM to discuss priorities, with a separate agenda addressing Chapter 23 revisions on the same night. Committee members discussed the combined meeting format, with Dan Giovannucci expressing concern about potential fatigue from combining two significant topics. City Manager Hogencamp acknowledged this concern and indicated that the order of discussion was flexible. Chair Boren supported the March 2nd date as it would allow more time for preparation and community input. She also asked about the process for commission voting on priorities, noting that last year they had only chosen one priority from ESC's recommendations. Amy Palmer inquired about the marsh pilot project, asking if it was still a defined priority for the ESC to focus on. City Manager Hogencamp confirmed it was still important and deferred to Director of Neighborhoods Amanda Askew, who explained that stabilizing the marsh and preventing erosion remained a priority for the city. Amy Palmer also thanked City Manager Hogencamp for the First Night event, praising its success and community representation. City Manager Hogencamp credited Director Askew, Jordan Leslie, and community volunteers for their efforts. Dan Giovannucci thanked City Manager Hogencamp for stepping into his role and noted the strong community support demonstrated at the previous night's commission meeting. City Manager Hogencamp informed the committee that the city commission would be hiring an executive search firm to lead the process of selecting a permanent city manager, and he encouraged committee members to be engaged in that process. Chair Boren asked City Manager Hogencamp about his perspective on what the city manager position focuses on most. He explained that key responsibilities include managing the workforce, maintaining relationships with citizens, carrying out the strategic plan of the city commission, following city laws, and planning for capital improvements and emergency preparedness. Agenda Item #4.A. 11 Feb 2026 Page 4 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 Before departing, City Manager Hogencamp mentioned that he planned to meet with the newly elected ESC chair to establish a relationship between the city manager's office and the committee. 4. CHAIR REMARKS Chair Boren thanked several committee members for their contributions: Amy Palmer for documenting her discussion with a developer, Christina Kelcourse and Amy Franqui for handling First Night tabling and writing a report, and Dan Giovannucci for reviewing and updating the master to-do list. She also thanked members for the book and gift card she had received. Chair Boren discussed a matter that came up at a previous meeting regarding double mitigation for unpermitted tree removal. The Community Development Board (CDB) had twice dealt with cases where property owners claimed they did not know they needed a permi t to remove trees. Chair Boren suggested that someone from the Tree Subcommittee should attend the January CDB meeting to explain the reasoning behind the double mitigation requirement. A discussion followed about whether the committee was ready to make recommendations on this matter. Bruce Andrews noted that the double mitigation requirement predated ESC's formation and questioned whether doubling mitigation was appropriate for large mit igation amounts. Amy Franqui suggested adding clear warnings about double mitigation on permit forms. Dan Giovannucci emphasized the need for education, noting that despite existing efforts, residents still engaged in improper tree practices like hurricane cuts on palms. He suggested annual reminders about tree permits and best practices. The committee decided that Dan Giovannucci would attend the January 20th CDB meeting to listen to their concerns, and the new chair would add this topic to the January 28th ESC agenda for further discussion. Chair Boren announced that Chris Delk had been hired as the new city arborist and would be staffing the committee's second meetings each month. She noted issues with the end-of-year survey, which only worked for four members due to technical problems. She passed around a form for members to contribute to a staff appreciation letter. 5. ESC 2026 OFFICER ELECTIONS AND REVIEW OF DUTIES A. Review of ESC Duties Chair Boren presented a document outlining the position descriptions and responsibilities for ESC officers that she had updated based on previous discussions. Agenda Item #4.A. 11 Feb 2026 Page 5 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 Amy Palmer noted that the document still included a secretary position, which was not in the ordinance. After discussion, the committee decided to use the document as a general guideline rather than taking formal action on it. MOTION: To use the position description as a guideline. Motion: Bruce Andrews Second: Amy Franqui Motion passed 8 to 0. B. ESC 2026 Officer Elections and Tree Subcommittee Chair and Member Elections • ESC Chair • ESC Vice Chair • ESC Tree Subcommittee Chair • ESC Tree Subcommittee Members Meeting will be turned over to newly elected Chair to run the rest of the meeting The committee proceeded with elections, beginning with the Chair position. Amy Palmer expressed willingness to serve but emphasized she would need support and could not do all the things Chair Boren had done. She suggested dividing responsibilities among committee members and focusing on fewer items but doing them better. She also noted that after 2026, several experienced members (Bruce Andrews, Dan Giovannucci, and Sarah Boren) would be terming out, followed by herself at the end of 2027. For the Vice Chair position, Amy Franqui and Christina Kelcourse both indicated they were not interested in the position at this time, having only been on the committee for about six months. Committee Member Franqui disclosed that she was likely to roll off the committee at the end of 2026 when her term ended. Todd Miner explained that his work travel schedule would make it difficult for him to reliably fulfill the Vice Chair role. Dan Giovannucci offered to serve as Vice Chair to support continuity and help train future leaders, with the understanding that he could step aside if someone else's circumstances changed and they wanted to take on the role. The committee established that the Tree Subcommittee would consist of Bruce Andrews (Chair), Todd Miner, and Dan Giovannucci, with Anastasia Houston serving as an alternate. Christina Kelcourse mentioned that she knew someone interested in serving on the ESC who worked as a sustainability officer for a global company. The committee discussed the application process and advised that the individual should submit an application Agenda Item #4.A. 11 Feb 2026 Page 6 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 through the city website, possibly include a resume, and be aware that the Board Member Review Committee was expected to meet in February. MOTION: To nominate Amy Palmer as ESC Chair. Motion: Bruce Andrews Second: Daniele Giovannucci Motion passed 8 to 0. MOTION: To nominate Dan Giovannucci as Vice Chair. Motion: Bruce Andrews Second: Sarah Boren Motion passed 8 to 0. MOTION: To nominate Bruce Andrews as Tree Subcommittee Chair. Motion: Daniele Giovannucci Second: Sarah Boren Motion passed 8 to 0. 6. CONSENT AGENDA A. Approve minutes of the December 10th, 2025 regular Environmental Stewardship Committee meeting. B. Approve minutes of the December 17th, 2025 regular Environmental Stewardship Committee meeting. C. Items ESC has consensus to share with Commission in next 30 days D. Proposed Promotional Content Until February 2026 E. FYI Report: Interesting Information and Resources F. Member Reports • ESC First Night Tabling Report • ESC Member Report - A. Franqui MOTION: To approve the consent agenda. Motion: Amy Franqui Second: Daniele Giovannucci Motion passed 8 to 0. Agenda Item #4.A. 11 Feb 2026 Page 7 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 Sarah Boren noted two corrections: 1) In the December 17th minutes, on page 2, paragraph 4, the comment attributed to Amy Palmer should be attributed to Anastasia Houston; 2) On the proposed promotional content, the date for the Lorax had been changed to Saturday, February 21st, not the 18th. Amy Franqui directed attention to the last bullet in the outcomes section of her and Christina Kelcourse's First Night tabling report, noting its relevance to the Marsh pilot conversation. Chair Amy Palmer highlighted her write-up of a conversation with a developer on recommendations for Chapter 23 that would help preserve trees or incentivize developers to preserve more trees, which she thought might be helpful for the larger conversation with developers. 7. 90 DAY CALENDAR A. 90 Day and 2026 ESC Planning Calendar Sarah Boren reviewed the 90-day calendar and noted several updates: the Lorax film had been moved to February 21st, the Chapter 23 workshop and priorities workshop were now planned for March 2nd, and the centennial celebration was scheduled for March 28th. Director of Neighborhoods Amanda Askew reported that the city currently had few applicants for the front yard tree planting program and hoped the upcoming Arbor Day event would generate interest. The committee discussed setting an internal deadline of February 21st for promoting the spring planting, after which they would shift focus to promoting the October planting. Sarah Boren explained the process for requesting items to be placed on the city commission calendar, suggesting that members email the city manager's assistant with Amanda on copy, after getting Amanda's approval first. Sarah Boren also discussed the Marsh Pilot community meetings that had been delayed. She proposed holding virtual subject matter expert meetings in January and February, followed by an in-person workshop west of Mayport in March. The goal would be to present a recommendation for a pilot project to the commission by April for potential funding in the 2026-27 budget. MOTION: To approve the 90 Day Calendar. Motion: Sarah Boren Second: Bruce Andrews Motion passed 8 to 0. B. 2026 ESC Planning Calendar (attached) Agenda Item #4.A. 11 Feb 2026 Page 8 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 This item was discussed as part of the 90-day calendar discussion. C. 2025 Organizational Excellence Tracker This item was included in the consent agenda and no additional discussion occurred. D. ESC Member To Do List Action Items This item was included in the consent agenda and no additional discussion occurred. 8. COMMISSION AND/OR STAFF REPORTS These agenda items were not discussed due to time constraints. A. Monthly Tree Report B. Chapter 23 revisions February workshop update (tentatively February 23, 2026 @ 5:00 p.m. C. March Joint Commission and ESC 2026-2027 Priorities Alignment Workshop (TBD Feb/March) D. Developer/Builder Workshop Update E. ROW plantings update F. ESC Member Commission Meeting Reports 9. OLD BUSINESS A. MOTION: COJ Trees for COAB Parks Director of Neighborhoods Amanda Askew explained the City of Jacksonville did not approve Staff's planting locations west of Mayport. The staff's recommendation was to use COJ trees for Atlantic Beach's parks. She noted they had used COJ trees in the parks previously and there are more opportunities and fewer conflicts with utilities in the p arks. MOTION: To approve using COJ trees for COAB parks. Motion: Bruce Andrews Second: Amy Palmer Motion passed 8 to 0. B. MOTION: Tree Trust Fund Action and Spending Plan The committee discussed a motion to allocate $13,628 from the Tree Trust Fund for a State of the Canopy Report. Bruce Andrews questioned what specifically the money would be spent on. Sarah Boren explained that when the committee had developed the Agenda Item #4.A. 11 Feb 2026 Page 9 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 Tree Fund Action and Spending Plan, they had budgeted this amount for canopy health and data, including a biannual tree report. After discussion, the committee agreed to specify that the funds would be used for data, design, and dissemination of the report. Dan Giovannucci suggested keeping it simple with language about "professional support to ensure quality data and good messaging to citizens about the state of their tree canopy." Sarah Boren explained that if the motion was approved, the new chair would draft a memo to the city commission requesting that the item be placed on a commission agenda within the next month. This would allow time to prepare the report for the January 2027 deadline previously established by the former city manager. MOTION: To approve the motion to allocate $13,628 from the Tree Trust Fund for the State of the Canopy Report, with funds to be used for data, design, and dissemination. Motion: Sarah Boren Second: Bruce Andrews Motion passed 8 to 0. C. MOTION: Youth Council This agenda was not discussed due to time constraints. D. MOTION: Revised tree list on free tree yard planting application This agenda was not discussed due to time constraints. E. Commission Workshops Preparation • CDB Meeting - January 20, 2026: ESC to make public comment • Joint Workshop on Priorities and Chapter 23 - March 2nd F. Preparation for Upcoming events • January 15, 2026 Arbor Day • January-February Farmer's Market Tabling to promote yard planting before March 1, 2026 • January-March Marsh Pilot Meetings • February 19, 2026 Film Series • February 21, 2026 Weed Wrangle G. ESC Centennial Celebration Efforts and Plan This agenda was not discussed due to time constraints. 10. NEW BUSINESS These agenda items were not discussed due to time constraints. Agenda Item #4.A. 11 Feb 2026 Page 10 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 A. MOTION: List of ESC 2025 Accomplishments This agenda was not discussed due to time constraints. B. ESC 2025-2026 Priorities Reframe • ESC 2026 Priorities - Draft 01.2026 • ESC 2025-2026 Priorities Proposed to Commission • ESC 2025-2026 Proposed Workplan • Confusion and difference between priorities, workplan, and ongoing work C. ESC 2026-2027 Priorities Process, Timeline, and Outcome Discussion D. Green Corridor This agenda was not discussed due to time constraints. 11. MEMBERS CLOSING REMARKS This agenda item was not discussed due to time constraints. 12. RECAP OF DECISIONS AND NEXT STEPS These agenda items were not discussed due to time constraints. The committee discussed plans for Arbor Day (January 15th), including: • A heritage tree designation ceremony at a large tree at the entrance to the city on Sherry in Atlantic, with realty companies Berkshire Hathaway and Petway participating. • Announcements at Atlantic Beach Elementary and Mayport Middle School, with Christina Kelcourse coordinating with the schools. • Creating and distributing a flyer for the free tree yard planting program through the schools' backpack system rather than attempting to hand them out during drop-off. • Having sample trees to show the community. Sarah Boren offered to design a half-page handout with a QR code linking to the application. Anastasia Houston had already created a flyer and suggested rebranding the "Free Tree Program" as "COAB Community Canopy" and calling the centennial initiative the "Centennial Canopy Drive." Director Askew mentioned she had new ESC shirts for members to wear at events. A. Discussion of items for January 28, 2026 ESC Meeting Agenda This agenda item was not discussed due to time constraints. B. ESC Member Homework This agenda item was not discussed due to time constraints. C. Review Tree Trust Fund Action and Spending Plan to discuss at January 28, 2026 meeting and vote on update at February 11, 2026 meeting (agreed to review quarterly) Agenda Item #4.A. 11 Feb 2026 Page 11 of 91 Environmental Stewardship Committee (ESC) January 14, 2026 This agenda item was not discussed due to time constraints. 13. ADJOURNMENT Chair Amy Palmer adjourned the meeting at 9:00 PM. Attest: Amanda Askew Amy Palmer, ESC Chair Agenda Item #4.A. 11 Feb 2026 Page 12 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 MINUTES Environmental Stewardship Committee (ESC) Meeting Wednesday, January 28, 2026 - 6:00 PM City Hall, Commission Chamber 800 Seminole Road, Atlantic Beach, FL 32233 Present: Anastasia Houston, ESC Member Amy Palmer, ESC Member Todd Miner, ESC Member Sarah Boren, ESC Chair Daniele Giovannucci, ESC Member Christina Kelcourse, ESC Member Amy Franqui, ESC Member Absent: Bruce Andrews, ESC Member Also Present: Chris Delk, City Arborist Payton Jamieson, Principal Planner (PP) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. 2. COURTESY OF THE FLOOR (5 MINS.) A. City Arborist Introduction - Chris Delk Chair Palmer introduced Chris Delk as the new City Arborist and invited him to share his background and experience. Chris Delk began his introduction with enthusiasm, saying, "Unfortunately, I thought I thought about how I want to go that route. Right? So, I figured I'd come talk to you guys, this forum and have some fun with you guys." He explained his educational background, stating he had a bachelor's degree in horticulture from Oregon State University. "Go bees, love Oregon," he added with pride. Delk outlined his professional certifications, emphasizing his ISA Board Certified Master Arborist credential. "It's a really hard test, routinely, like, hours and hours, and you have those points to even have the option to take the test," he explained. "So, it's like, 2 percent of people currently hold certifications have it. It's brutal. It's but it's also fun. It's cool and all these other good aspects." He detailed his additional certifications, including ISA municipality specialist, which he explained helps him "work around city stuff, and I understand infrastructure a little more, and I can play with it. Right? I can understand how to incorporate it more into our systems and policies and codes." He also mentioned his ISA Tree Risk Assessment Agenda Item #4.B. 11 Feb 2026 Page 13 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 Qualification (TRAQ) certification, explaining how it allows him to assess trees for risk rather than simply recommending removal. Delk shared his passion for "other plant nerdy stuff," including permaculture and native plant landscaping. He then described his seven years of public sector experience, beginning with three years in road landscaping where he "was out there in public works, getting my hands dirty, working on trees along roadways." He followed this with four to five years working in parks, which he described as involving "community outreaches where you get to really connect with everybody." Among his proudest achievements, Delk highlighted securing a grant for a community - supported arboretum where "every year, the city reaches out to the community and picks up a tree to put in the arboretum." He expressed particular enthusiasm for edible landscapes in parks, sharing how he started with blueberries and strawberries in playgrounds, noting "we had not a single 1 go to waste." When asked about his current mandates and priorities, Delk responded that permits and development seemed to be the immediate focus. "That's what the focus seems like since I came in running," he said, explaining his role in managing mitigation and ensuring developers comply with tree protection requirements. He mentioned working on tree inventory through grants, stating, "I can't manage what I don't know." 3. REPORTS AND/OR REQUESTS FROM ESC MEMBERS AND STAFF Chair Palmer began this section by addressing the length of meetings. She recalled that the committee had previously decided on two-hour meetings but noted they tended to go over, especially given the volume of business from combining what used to be three subcommittee meetings and two meetings per month. Todd Miner strongly advocated for maintaining the two-hour limit, stating, "I think that we should focus on getting through that content efficiently and sticking to 2 hours for a lot of reasons. But through my priority is staff. I don't think that we should allow ourselves to go beyond the allotted time because it's their evenings as well." Christina Kelcourse agreed, saying, "I really liked it when we got the notification ahead of time that it was going to be a long meeting because then we could prepare." She explained the difficulty of extending meetings without notice due to family commitments. Daniele Giovannucci concurred, adding, "I think the challenge for us in being efficient is to really dole out the work and allocate the right amount of time. Not everything can always be done." The committee reached consensus to maintain the two-hour limit with the possibility of announcing longer meetings in advance when necessary. Arbor Day debrief Christina Kelcourse reported on the Arbor Day activities at the schools. She shared that at Atlantic Beach Elementary, "the kids that read the script did excellent" and that students in classrooms were paying attention when the message was broadcast. At Mayport Middle School, Agenda Item #4.B. 11 Feb 2026 Page 14 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 the script was read over the announcements. She also noted that both school principals offered to send out city announcements in their newsletters with a week's advance notice. Daniele Giovannucci briefly addressed the heritage tree celebration component, explaining that due to various circumstances and timing issues, "our particular Arbor Day in early January, other than the excellent work that that Christina did, was, you know, a little muted." However, he noted they had three properties with five trees coming up for heritage designation. CDB meeting debrief Daniele Giovannucci reported on his presentation to the Community Development Board. "They had an extraordinarily long night, much longer than any of them, I think, anticipated, so they were there pretty late," he began. Despite the late hour, the board members were receptive to his presentation about the ESC's work and intent to listen to their concerns for incorporation into chapter 23 revisions. He summarized the CDB's main concern: "they perceive that people of lower income our residents of lower income find that some of the penalties when they are combined as a not, we didn't know you needed a permit, and we took down the trees. So, there's double permit cost and then double mitigation costs." Giovannucci acknowledged this concern while noting that ignorance of the law isn't typically an excuse, drawing a comparison to traffic violations. The discussion emphasized the need for education as a priority to prevent such situations. Community Input Gathering debrief Todd Miner expressed concern about the sequencing of community input gathering relative to the March 2nd priority-setting meeting with the commission. "My goal would be to either have input gathered to bring to the priority setting meeting or to not force it," he stated. He emphasized that gathering input after setting priorities would miss an opportunity. Sarah Boren advocated offering opportunities to hear from the community broadly, saying, "I think it's personally more important to offer opportunities to hear from them, and then we can absolutely kind of try to hurt them to however whatever the process we decide." After extensive discussion, the committee agreed to explore holding a community input session from 5:00-6:00 p.m. before their February 25th meeting, with Sarah Boren volunteering to coordinate with staff on logistics and Todd Miner taking the lead on the event itself. Member survey results Sarah Boren sent the member survey results that afternoon. Given the late distribution, Chair Palmer suggested the committee digest the information and discuss it at the next meeting. Boren explained she had summarized all responses by question and highlighted items scoring below 3.0 for potential organizational improvement focus. Daniele Giovannucci expressed surprise at some results and suggested the raw data needed to be "chunked down into something more manageable" for productive discussion. He also noted Agenda Item #4.B. 11 Feb 2026 Page 15 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 concern that two members hadn't completed the survey despite it being identified as a top priority. 4. ONGOING - OLD BUSINESS A. Priorities - 2026 and 2027 Chair Palmer introduced her draft of priorities for 2026 that would blend into 2027. She explained her approach of creating a one-page document that includes the ESC's two main charges and lists major initiatives in a simple format for easy commission comprehension. "I think if we just have it in a simple format that they can just, at a glance, understand what we're doing," she explained. Sarah Boren clarified the difference between this working document and what was previously presented to the commission, explaining that the work plan was requested by former City Manager Killingsworth after the commission chose their priorities. She appreciated Palmer's format for elevating the committee's second purpose. The committee noted that the first four items on the priority list all related to trees, and Chair Palmer suggested organizing activities under their two main purposes could provide "a little more bang for our buck." B. Chapter 23 • Meetings with commissioners • Preparation for joint workshop Todd Miner reported on the recent commission meeting where Mayor Ford "started talking about protecting our oldest trees and essentially, like, put forward an argument that we should be protecting them through legislation or through code." The city manager had asked what was preventing the ESC from putting forward a resolution on this topic. Miner explained he had drafted something, but it hadn't made the current agenda. He emphasized the need to act quickly, stating, "I think it behooves us to do that as quickly as possible so that they can so the city so the commission can then act on it too or at least sort of listen to that and make some decisions." Anastasia Houston shared that she had been researching other municipalities' codes, identifying provisions that could strengthen Atlantic Beach's ordinances despite state law preemption. She mentioned examples such as requiring public notice and community input for tree removals and allowing cities to require lot redesigns when large trees are present. The committee discussed various municipalities with strong tree protection codes, with Todd Miner suggesting terms like "landmark trees" for trees of certain size and age. He proposed that trees over 30 inches (roughly 100 years old for live oaks) could require additional review, potentially by a tree advisory board. Agenda Item #4.B. 11 Feb 2026 Page 16 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 Chris Delk offered his perspective from Oregon, where heritage trees were tied to property deeds, though he acknowledged this might not work in Florida. He supported the committee's approach of researching other municipalities' codes. C. Next Events/Communications - preparation • Film - The Lorax 2.21.2026 • Handouts to schools – free trees Discussion of The Lorax film on February 21, 2026, revealed some confusion about responsibilities. Sarah Boren clarified that Leslie Jordan from the recreation department was the staff lead, and that the ESC needed to provide panel recommendations for thei r two films in the series. The film would be shown at 4:00 p.m. at Gulliford Hall in the Adele Grage Cultural Center. Amy Franqui provided an update on the Weed Wrangle event, reporting on a successful planning meeting with Amanda, Andre, and Chris. She detailed the advertising efforts including city Facebook posts, recreation newsletter inclusion, and ten yard signs placed around Howell Park. She was also recruiting master gardener volunteers to serve as educational leads. Christina Kelcourse gave an enthusiastic update on the Minecraft challenge, announcing "we got our funding in. So, we're in." She explained the game would feature characters at the beach lifeguard station who would welcome players before teleporting them to the Marsh Oaks Community Center for the challenge. The committee members would appear as characters in the game. She noted the challenge would run from February 9 to April 1, with opportunities for city representatives to participate in the April live event as volunteers or judges. D. MOTION: Youth Council Chair Palmer explained this motion had been carried over from the last agenda and originated from a community member's request for a separate environmental committee for youth, which evolved into incorporating environmental stewardship into the existing youth council. MOTION: To approve the motion regarding Environmental Stewardship and Youth Council integration. Motion: Sarah Boren Second: Todd Miner Anastasia Houston For Amy Palmer For Todd Miner (Seconded By) For Sarah Boren (Moved By) For Agenda Item #4.B. 11 Feb 2026 Page 17 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 Daniele Giovannucci For Christina Kelcourse For Amy Franqui For Motion passed 7 to 0. E. MOTION: Revised tree list on free tree yard planting application https://coab.us/DocumentCenter/View/13480/Atlantic-Beach-Free-Tree-Planting- Program-Application?bidId= This motion, also carried over from the previous meeting, addressed updating the species list on the tree planting application. Discussion clarified that the list should specify "preferred native species" in the title rather than labeling each species as native. Daniele Giovannucci acknowledged that Anastasia Houston's new Community Canopy Program would eventually replace this application but suggested updating the current form in the meantime. MOTION: To "take the current application, add the word native between preferred and species in the title of the species, make the selections more generic for both oak and elm as they are currently for holly, maple, and pine and cedar, and that we intend that this be updated and or improved or supplanted by the hundred year community canopy work that Anastasia is has pulled together." Motion: Daniele Giovannucci Second: Todd Miner Anastasia Houston For Amy Palmer For Todd Miner (Seconded By) For Sarah Boren For Daniele Giovannucci (Moved By) For Christina Kelcourse For Amy Franqui For Motion passed 7 to 0. 5. NEW BUSINESS A. 1798 Selva Marina Drive TREE26-0004 (Dee Reiter) Ms. Dee Reiter, resident at 1798 Selva Marina Drive, made a public comment indicating she had applied for heritage tree designation last spring and wanted to ensure her application was moving forward. She expressed concern about trees being removed in her neighborhood and her desire to be a good steward of her tree for the community. Agenda Item #4.B. 11 Feb 2026 Page 18 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 Chris Delk explained that after the committee's approval, the applications would go to the City Commission, likely at their February 9th meeting. He encouraged applicants to attend the Commission meeting to support their applications. Amy Franqui suggested organizing a photo opportunity when the trees are officially designated, particularly for trees on private property, to help publicize the program. B. 375 Atlantic Boulevard TREE26-0005 (Petway) C. 395 Poinsettia Court TREE26-0006 (Xavier and Elizabeth Rozas) MOTION: To pass all 3 Heritage Tree Applications covering 5 trees. Motion: Sarah Boren Second: Daniele Giovannucci Chris Delk confirmed he would notify the applicants and encourage them to attend the February 9 commission meeting to support their applications. He mentioned existing plaques for heritage trees and that owners could name their trees. Daniele Giovannucci noted that one of the applications was from realtors who wanted to use it as an educational opportunity, and another was from a UNF professor who could potentially be recruited to the ESC. Anastasia Houston For Amy Palmer For Todd Miner For Sarah Boren (Moved By) For Daniele Giovannucci (Seconded By) For Christina Kelcourse For Amy Franqui For Motion passed 7 to 0. 6. RECAP OF DECISIONS, ACTION ITEMS AND NEXT STEPS Chair Palmer discussed the motion tracker process, explaining she was working with Kevin and would be meeting with Amanda to establish a more effective system for tracking motions through to commission action. "They will go to Kevin. They will go to commission, and then we will find out what happens with them," she explained. Sarah Boren had sent out a comprehensive list of past motions that afternoon to help track their status. Agenda Item #4.B. 11 Feb 2026 Page 19 of 91 Environmental Stewardship Committee (ESC) January 28, 2026 The committee confirmed their next meeting would be February 11, with an agenda deadline of January 29 due to the city's technology changeover the following week. They would explore adding a 5:00-6:00 p.m. community input session before the February 25 meeting. Chair Palmer thanked everyone for a productive meeting despite going five minutes over the intended end time. 7. ADJOURNMENT The meeting was adjourned at 8:05 p.m. Attest: Amanda Askew Amy Palmer, ESC Chair Agenda Item #4.B. 11 Feb 2026 Page 20 of 91 Environmental Stewardship Committee’s Charge in Municipal Code Chapter 23 23-52. -Environmental stewardship committee–Intent The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village. The tree canopy creates beauty, provides a home for wildlife, functions as an element of the water management system and enhances property values. It is in the best interest for this committee to be the stewards of the tree canopy through advocacy, assessment, maintenance, planting and preservation of this natural resource. The city parks provide open spaces for recreation, exercise, wildlife habitat, relaxation and encounters with the natural world. This committee intends to support the community to provide a variety of park spaces that are well maintained, accessible and secure. This committee shall take the lead and set high community standards in the beautification and maintenance of public spaces located within the city. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a great deal of influence on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the city. The care and health of the coast and marsh must be paramount in every recommendation made by this committee about the use of our land, water system and tree canopy. (PURPOSE 1) To study and make recommendations to the city commission and city staff with respect to the city's: a. Maritime forest; b. Parks and open spaces; c. Beautification of public and private spaces d. Environmental stewardship. (PURPOSE 2) To act as a motivating and coordinating body to encourage joint public and private participation in promoting these purposes. (SCOPE) Environmental stewardship committee—Scope of activities.The environmental stewardship committee shall provide guidance and support to the city commission and city manager and, upon request by the city commission or city manager, shall provide written recommendations, in the following area…Agenda Item #5.A.11 Feb 2026Page 21 of 91 This focus area takes an ecosystem services approach and recognizes the wide range of benefits natural systems provide, such as clean water and air, flood control, habitat, food, and natural regulating processes affecting climate such as localized cooling. Ecosystem services also extend to cultural benefits like aesthetic value, human health, and recreation. It is up to our community to demonstrate leadership by making natural resource protection and green space and implementing strategies that improve the quality of natural resource areas and human health a priority with concrete goals and milestones to show progress. Ordinance states ESC provide guidance and support on: a.STRENGTHEN: Clarifying and strengthening the city's processes and all tree and landscape related city codes and ordinances; b.MONITOR: Monitoring the appropriate administration and enforcement of the city's ordinances; c.TRANSPARENT: Promoting transparency through online access to relevant information; d.EDUCATE: Developing and maintaining environmental education and outreach programs about the maritime forest and relevant codes; e.PLANT WELL: Promoting appropriate planting and care of trees on private property to owners, developers, builders, and tree/landscape service contractors; f.PLAN: 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.ADVOCATE: Promoting tree canopy advocacy including upholding the city's status as a bona fide Tree City USA h.REVIEW: Developing a process for systematic, review of the city's enforcement of the existing tree codes, including the long-term health of trees planted for mitigation; and i.REPORT: Developing and maintaining a process for citizens to communicate possible violations to the city. PROPOSED 2025 Priorities & Actions PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION –Does ESC have the Commission’s approval to focus on and try to achieve the following? •Plant More --Continue giveaways, promote tree adoptions more, and work with city staff regarding street, park and city construction projects. Activate a successful tree campaign with the goal of 200 trees planted in 2025. •Research, Plan & Report –Research Best Practices & Plan: Develop,propose, and, if approved by Commission, implement a long-term tree plan that includes projecting future needs such as replacement for aging & dying trees, developing a calendar, list of locations, and estimated cost for tree planting in parks, public spaces and along streets and rights-of-way Report: a) Create a robust quarterly tree report that includes tree fund expenses and income, number of permits, number of arborist letters, number of enforcement incidents, number of mitigated trees planted, etc. b) Develop and maintain ongoing reporting mechanisms that share with the AB community the health and status of tree canopy and how residents can engage and/or communicate possible violations and/or solutions to the city. PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION –Does the Commission want ESC to make recommendations on the following items? •Incentivize & Preserve Mature Trees a) Commission to direct staff to support ESC’s research and proposals on incentive programs to encourage developers and homeowners to save trees versus removing them and bring final recommendations to Commission b) Create, propose, and, if approved by Commission, implement a pilot Heritage Tree Grant program to be reevaluated annually to be funded by the Tree Mitigation Fund. •Dutton Island Trees –Research cause for trees dying, possible solutions. and make recommendations ON GOING ITEMS –Does the Commission give its approval for ESC to continue working on the following ongoing needs? •Educate/lobby/outreach regarding tree canopy preservation and benefits of trees •Update/refine Chapter 23 annually (Q1 –ideally before budget season) •Learn best practices from other cities/counties in Florida and beyond •Partner with universities, nonprofits, and subject matter experts where appropriate and possible •Maintain “Tree City USA” status MARITIME FOREST COMMUNITY ACTION PLAN TARGET: Increase and maintain healthy, diverse (species, age, location) tree canopy to 40% and strive for a zero net loss of canopy by 2050 Agenda Item #5.A.11 Feb 2026Page 22 of 91 This focus area takes an ecosystem services approach and recognizes the wide range of benefits natural systems provide, such as clean water and air, flood control, habitat, food, and natural regulating processes affecting climate such as localized cooling. Ecosystem services also extend to cultural benefits like aesthetic value, human health, and recreation. It is up to our community to demonstrate leadership by making natural resource protection and green space and implementing strategies that improve the quality of natural resource areas and human health a priority with concrete goals and milestones to show progress. Ordinance states ESC provide guidance and support on: a.PLAN: Developing and maintaining a long-range plan to protect, improve and beautify park spaces; b.ACCESS: Improving access to and amenities for parks including disability accommodations, bike paths, parking, signage and other user-friendly features; c.EXPAND: Expanding the city's inventory of parks and conservation land through acquisition or other means; and d.EDUCATE: Maintaining a web-based, publicly accessible inventory of parks including their history, archeological value, rules of use, deed restrictions and conservation easements. PARKS & OPEN SPACES PROPOSED 2025 Priorities & Actions PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION –Does ESC have the Commission’s approval to focus on and try to achieve the following? •Complete approved mini edible orchard pilot and fund maintenance from Tree Mitigation Fund pending Public Works irrigation water decision and final donated design. •Research best practices and solutions for marsh and wetland protection. Work towards restoring and maintaining critical wetlands and marshes. •Reduce invasives --Continue to reduce invasive species in our dunes, wetlands, marshes, and parks •Stewards of the Park Program --Coordinate a “Stewards/Friends of the Park” program PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION –Does the Commission want ESC to make recommendations on the following items? •100 W 1st Street Community Center –Propose recommendations to renovate to green and resilient standards and serve as a model demonstration building that educates the public about what is possible and inspires other AB buildings to do the same. •Parks Master Plan –Propose recommendations to staff and Commission regarding environmental stewardship of parks, open spaces, and facilities. •Improve signage –Propose recommendations for improved signage in our parks •Eliminate cat problem –Research best practices and propose recommendations to address major cat problem on Dutton Island which is killing many birds and other natural wildlife ON GOING ITEMS –Does Commission give its approval for ESC to continue working on the following ongoing needs? •Increase access to and quantity of green spaces •Advise on long term health of parks –Work to keep passive parks passive and multi-purpose parks healthy. •Enhance connectivity and walkability between parks and open spaces •Educate/outreach about the benefits of parks and open spaces TARGETS: 1) Ensure 95% residential addresses are located within a ½ mile of an open space. 2) Develop and enhance connectivity and walkability between the majority of parks and open spaces within city to at least 90%. 3) Provide publicly accessible green space area and maintain protected natural resource acreage at 15% or more of total city area. Agenda Item #5.A.11 Feb 2026Page 23 of 91 This focus area takes an ecosystem services approach and recognizes the wide range of benefits natural systems provide, such as clean water and air, flood control, habitat, food, and natural regulating processes affecting climate such as localized cooling. Ecosystem services also extend to cultural benefits like aesthetic value, human health, and recreation. It is up to our community to demonstrate leadership by making natural resource protection and green space and implementing strategies that improve the quality of natural resource areas and human health a priority with concrete goals and milestones to show progress. Ordinance states ESC provide guidance and support on: a.ENHANCE: Enhancing public spaces, including public rights-of-way, roadsides, city buildings, beach accesses and other publicly held properties with art, carefully maintained landscape design and plantings; b.INCENT & ADVOCATE: Incentivizing and advocating for beautification of private and commercial spaces;. c.REDUCE BLIGHT: Reducing the number and appearance of degraded or blighted properties; and. d.COHESIVE LOOK: Developing a design theme/community branding for signage, bus shelters, lighting and other elements of the built environment. BEAUTIFICATION PROPOSED 2025 Priorities & Actions PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION –Does ESC have the Commission’s approval to focus on and try to achieve the following? •Update Seminole & Atlantic Entrance –Work with volunteer landscape expert working closely with staff and propose estimated cost of tree and landscaping replacement from Tree Mitigation Fund •Mayport Road Construction –Work with staff and FDOT to incorporate trees, landscaping, and energy efficient lighting lining Mayport Road and East Coast Greenway. •Enhance public spaces --Assess opportunities in public rights of way, roadsides, City buildings, beach accesses and other publicly held properties with art, carefully maintained landscape design and plantings to attract pollinators and birds using native, Florida-friendly plants, and city plant palette, water conservation, and limited chemicals. •Bee City Designation –Work with staff to seek Bee City USA designation PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION –Does the Commission want ESC to make recommendations on the following items? •Flyover & Mayport Road AB Entrances & Major Intersections –Understand staff constraints and goals and propose recommendations for beautification •Reduce blight –Review recommendations on how to reduce the number and appearance of degraded/blighted properties, parks, and open spaces •Learning gardens –Propose recommendations for learning gardens throughout the city ON GOING ITEMS –Does Commission give its approval for ESC to continue working on the following ongoing needs? •Input from Commission on their priorities and ideas for beautification •Input from community regarding continuous improvement on beautification •Educate/outreach about benefits of low impact beautification COMMUNITY ACTION PLAN TARGET: Reduce use of harmful chemicals and biocides by 90%by 2050 Agenda Item #5.A.11 Feb 2026Page 24 of 91 This focus area takes an ecosystem services approach and recognizes the wide range of benefits natural systems provide, such as clean water and air, flood control, habitat, food, and natural regulating processes affecting climate such as localized cooling. Ecosystem services also extend to cultural benefits like aesthetic value, human health, and recreation. It is up to our community to demonstrate leadership by making natural resource protection and green space and implementing strategies that improve the quality of natural resource areas and human health a priority with concrete goals and milestones to show progress. Ordinance states ESC provide guidance and support on: a.BEST PRACTICES: Utilizing best practices, including a science-based approach, when making any decision about development and its impact on our environment; b.PROTECT: Protecting the beach, dunes, marshlands and wetlands as critical defenses in hurricane, erosion and flooding conditions; c.COMMUNICATE: Communicating the dynamics of tidal drainage and floodplain with the goal of preserving the city's flood management system; d.REVIEW & ENSURE: Reviewing the city's environmental codes and ensuring enforcement of rules including, but not limited to, dumping, septic tanks and commercial pollution; and e.MAINTAIN: Reviewing, updating and maintaining the Marsh Master Plan for adherence to current research about sea level change and wetlands preservation. ENVIRONMENTAL STEWARDSHIP PROPOSED 2025 Priorities & Actions PROPOSED ESC DIRECT WORK WITH STAFF SUPERVISION–Does ESC have the Commission’s approval to focus on and try to achieve the following? •Commission 2024-2025 Priorities --Help staff achieve their Commission priorities: a) identify marsh priority projects consistent with the Adaptation Plan update by August 2025; b) identify sustainability goals for City projects, City buildings, and City land; c) develop an implementation schedule for Connectivity Plan and CIP adjustments; and d) 15% residential water conservation goal per the N FL Water Supply Plan •Reduce use of toxic biocides through education and case studies. PROPOSE RECOMMENDATIONS FOR STAFF & COMMISSION–Does the Commission want ESC to make recommendations on the following items? •LEED Recertification & Sustainability and Resilience Community Action Plan (S&RCAP)–Seek staff and Commission alignment around LEED recertification and an updated SRCAP that is incorporated into staff workplans. •Voluntary Resilient & Green Building Ordinance –Propose recommendations for a voluntary resilient & green building ordinance that will help property owners protect their asset(s), save money and resources, and avoid need for rebuilding. •Flooding & Stormwater Management Plan –Research best practices, work with staff and consultant(s), and make recommendations to ensure AB has sufficient stormwater storage and mitigates inland flooding during extreme weather into future. •Local Green Business Program –Partner with a local nonprofit on voluntary green business program to save money, resources, reduce waste, energy, and water, increase education and awareness, and build community. •Reclaimed Water –Propose recommendations about reclaimed water opportunities in our community. •Floating Solar –Review opportunities for a pilot floating solar array in a retention pond. ON GOING ITEMS –Does Commission give its approval for ESC to continue working on the following ongoing needs? •Continue to work on LEED certification and S&RCAP implementation where possible COMMUNITY ACTION PLAN TARGET: Achieve LEED recertification every 5 years with improved score Agenda Item #5.A.11 Feb 2026Page 25 of 91 This focus area takes an ecosystem services approach and recognizes the wide range of benefits natural systems provide, such as clean water and air, flood control, habitat, food, and natural regulating processes affecting climate such as localized cooling. Ecosystem services also extend to cultural benefits like aesthetic value, human health, and recreation. It is up to our community to demonstrate leadership by making natural resource protection and green space and implementing strategies that improve the quality of natural resource areas and human health a priority with concrete goals and milestones to show progress. PROPOSED 2025 EVENTS Does ESC have the Commission’s approval to focus on and try to achieve the following events? •Educational Speaker Series (Monthly) •Community Service Days (Quarterly) –Edible Orchard Planting; Howell Park Planting; Brazilian Pepper Tree Tides View; Weed Wrangle Air Potato Howell Park; Clean Up Partnerships •Film Series (Quarterly / Bi-annually) •Arbor Day Tree Giveaway (January 12) •Arbor Day (January 17) •Awards (March) •Earth Day (April 27 Farmers Market) –Monarch Pledge, Bee City, and Orchard Opening •October Tree Giveaway (October) •Annual Community Input Meeting re: ESC Priorities for the Next Year (Q4; Oct/Nov) COORDINATING & MOTIVATING BODY TO ENCOURAGE JOINT PUBLIC AND PRIVATE PARTICIPATION OTHER EDUCATION, OUTREACH & AWARENESS EFFORTS --Does ESC have the Commission’s approval to focus on and try to achieve the following efforts? •Regular “Did You Know” social media postings •Content for City newsletter •Content for City website •AB GreenCorps Volunteers •Small hyperlocal conversations/chats in each district •Tabling at other events and farmers' market •Presentations at partner events like Beaches Watch, Fletcher High School to build awareness and trust Agenda Item #5.A.11 Feb 2026Page 26 of 91 From Anastasia Houston: Hi Chris, A quick comment on my high-level read of this permit application and site plan. This seems to illustrate the perfect example of a homeowner removing valuable trees within the set back area that can’t be built upon anyway and without any impedance to the structure as outlined. If we had an overlay that prevented removal within setbacks, that would be one way to save existing trees. Another layer could be no removal when the trees (any protected tree) don’t pose an immediate threat and also are not impeding on the design of the home. Even without these protections in place, COAB could question and push back on the request in these circumstances to hopefully get a second thought from the builder; which I know we do sometimes but I’m not privy to just how strongly. More to come with research from other communities with strong tree protections we can benchmark. Anastasia Agenda Item #5.B. 11 Feb 2026 Page 27 of 91 Municipal Tree Protection: Comparative Analysis of Leading Programs Focus: Communities Protecting Centenarian Trees (100+ Years Old) Executive Summary This report analyzes tree protection ordinances in Florida municipalities with a specific focus on how communities protect mature, centenarian trees (100+ years old). Based on comprehensive research, the following municipalities demonstrate exemplary approaches to protecting irreplaceable tree resources: •Orange County leads with 5x replacement ratios for Heritage trees and $21,200+ removal costs for large Live Oaks •St. Petersburg's Grand Tree ordinance (30"+ DBH) protects trees 100-120+ years old with penalties up to $6,855 •Coral Gables uses sophisticated canopy-based replacement calculations, ensuring trees are replaced by equivalent ecosystem value rather than simple tree counts •For Live Oak trees (growth factor 4.0), a 30" DBH threshold captures trees approximately 120 years old The analysis reveals that the most effective ordinances share three critical elements: (1) multi-tiered protection thresholds starting at 8" DBH with enhanced protection at 18-20" Agenda Item #5.B. 11 Feb 2026 Page 28 of 91 and maximum protection at 30"+, (2) exponential replacement requirements that make removing large trees economically prohibitive, and (3) robust enforcement with dedicated arborist staff and substantial penalties. Agenda Item #5.B. 11 Feb 2026 Page 29 of 91 Section 1: Understanding the Comparison Framework To create meaningful comparisons between municipal tree codes, this analysis evaluates eight critical categories. Each category reflects a key aspect of how communities protect their urban forest, with particular attention to provisions that preserve centenarian trees. The Eight Evaluation Categories 1. Scope & Coverage (15 points) Examines which properties and land uses are regulated. Strong ordinances apply to all properties including single-family residential, while weaker codes exempt large portions of the urban forest. Florida Statute 163.045 (2019) limits local regulation of single-family residential trees when a certified arborist deems them hazardous, forcing municipalities to be creative in maintaining protections. 2. Protected Tree Thresholds (30 points) ★ CRITICAL The most important category for protecting older trees. Measures the diameter at breast height (DBH) thresholds that trigger permit requirements and enhanced protections. Exemplary programs use 3-4 tiers: • Basic protection: 8" DBH (captures trees 30-40 years old) • Enhanced protection: 18-20" DBH (captures trees 70-80 years old) • Specimen protection: 24" DBH (captures trees 90-100 years old) • Grand/Heritage: 30-34" DBH (captures trees 100-130+ years old) 3. Replacement Requirements (30 points) ★ CRITICAL Determines what must be planted when trees are removed. Leading programs don't simply require planting one new tree for each removed—they use escalating replacement ratios that reflect the ecological and community value of mature trees. A 100-year-old tree cannot be replaced within a human lifetime, so strong codes require 3x-5x mitigation for large specimens. 4. Financial Mechanisms (20 points) Evaluates Tree Trust Funds and payment-in-lieu options. Strong programs maintain dedicated funds with mandatory spending requirements (e.g., 80% must be spent on tree planting annually) and allow applicants to pay for off-site mitigation when on-site planting isn't feasible. 5. Enforcement & Penalties (35 points) ★ CRITICAL Without meaningful penalties, tree protection is merely advisory. Leading programs impose substantial fines, often calculated per inch of diameter, making illegal removal of centenarian trees economically devastating. St. Petersburg's $6,855 penalty for a 30" Agenda Item #5.B. 11 Feb 2026 Page 30 of 91 Grand Tree and Orange County's $21,200 removal cost for Heritage Live Oaks exemplify effective deterrents. 6. Administrative Process (25 points) Assesses permit review procedures, arborist involvement, and appeal mechanisms. Programs with dedicated Tree Boards or Tree Advisory Commissions provide specialized expertise and community accountability, particularly for controversial removals of heritage trees. 7. Development Standards (20 points) Examines protections during construction and development. Strong codes require tree surveys, protective fencing around root zones, certified arborist monitoring, and may offer density bonuses or reduced requirements as incentives to preserve significant trees. 8. Program Quality Indicators (25 points) Considers broader programmatic elements: Tree City USA designation, Urban Forest Master Plans, stated canopy goals, public planting programs, and educational resources. These indicate long-term commitment to urban forestry beyond just regulation. Agenda Item #5.B. 11 Feb 2026 Page 31 of 91 Section 2: Leading Municipalities—Detailed Analysis This section profiles the municipalities with the strongest tree protection programs in Florida, organized by overall program strength. Each profile examines how the community protects centenarian trees and implements best practices across all eight evaluation categories. Tier 1: Exemplary Programs (★★★★★) Orange County, Florida Overall Rating: ★★★★★ Exemplary (Estimated 290/330 points) Why It's Exemplary for Centenarian Trees: Orange County adopted comprehensive revisions in 2023 after extensive community engagement, creating one of Florida's most sophisticated tree protection programs. The ordinance explicitly recognizes that Heritage and Specimen trees "have been growing for decades—sometimes even centuries—they're not easily replaced." Protected Tree Thresholds: • Protected trees: Not explicitly stated for all species • Specimen trees: Winged Elm, Turkey Oak, Longleaf Pine, Sweetgum, Bald Cypress (size-based) • Heritage trees: Live Oak, Southern Magnolia (size-based) • 3-tier protection system 100-Year Tree Protection: • Heritage Live Oak designation specifically protects centenarian trees • Removal cost begins at $21,200 for Heritage Live Oak • Based on Live Oak growth factor of 4.0, these are 100+ year trees Replacement Requirements: • Specimen trees: 3x replacement ratio (caliper inches) • Heritage trees: 5x replacement ratio (caliper inches) • Example: 30" Heritage tree requires 150" of replacement trees • Among highest replacement requirements in Florida Enforcement: • Dedicated arborist staff doubled from 3 to 6 (2023) • Substantial penalties for violations • Active monitoring and enforcement program Key Strengths: • Clear distinction between Specimen (3x) and Heritage (5x) categories Agenda Item #5.B. 11 Feb 2026 Page 32 of 91 • Economic disincentives make large tree removal prohibitive • Recent update shows ongoing commitment to improvement Agenda Item #5.B. 11 Feb 2026 Page 33 of 91 St. Petersburg, Florida Overall Rating: ★★★★★ Exemplary (Estimated 285/330 points) Why It's Exemplary for Centenarian Trees: St. Petersburg has maintained Tree City USA designation for 35+ consecutive years and established a 30% tree canopy goal by 2030. The Grand Tree ordinance creates exceptional protections for the city's oldest specimens. Protected Tree Thresholds: • Protected trees: 4"+ DBH (shade trees), 8"+ DBH (understory) • Grand Trees: 30"+ DBH (except Laurel Oaks) • Signature Trees: Special recognition for non-natives (Banyan, Kapok 30"+; Jacaranda, Royal Poinciana 8"+) • 4-tier system including unique Signature category 100-Year Tree Protection: • 30" Grand Tree threshold = approximately 120 years for Live Oak (growth factor 4.0) • Grand Trees "must be preserved" - strongest language • Total penalty for 30" Grand Tree: $6,855 Replacement Requirements: • Payment in lieu for on-site planting: calculated per tree • After-the-fact permit: $1,000 • Payment in lieu: $5,355 for 30" tree • Fine: $500 • Comprehensive cost calculation deters violations Program Quality: • Tree City USA: 35+ consecutive years • 30% tree canopy goal by 2030 • 2022 city-wide tree canopy analysis completed • Community Canopy Initiative: 1,000 trees by 2025 • On-staff ISA Certified Arborist available to residents Key Strengths: • "Signature Trees" recognize culturally important non-natives • Long-term commitment demonstrated by 35+ years Tree City USA • Clear preservation mandate for Grand Trees • Comprehensive penalty structure Agenda Item #5.B. 11 Feb 2026 Page 34 of 91 Coral Gables, Florida Overall Rating: ★★★★★ Exemplary (Estimated 280/330 points) Why It's Exemplary for Centenarian Trees: Coral Gables is frequently cited as having one of Florida's strongest tree ordinances. The city employs a full-time city forester and uses sophisticated canopy-area calculations rather than simple tree counts, ensuring ecological equivalency in replacement. Protected Tree Thresholds: • Protected trees: 4.5"+ DBH or 12'+ height • Specimen trees: 18"+ DBH • Enhanced specimen: 24"+ DBH (double mitigation) • Lowest basic threshold (4.5") provides broadest coverage 100-Year Tree Protection: • 18" specimen = ~72 years (Live Oak, growth factor 4.0) • 24" specimen = ~96 years (Live Oak, growth factor 4.0) • Double mitigation at 24" recognizes near-centenarian status • Certified arborist report required for 18"+ trees Replacement Requirements: • Canopy-based replacement calculation (not simple tree count) • Replacement based on canopy loss area • Double mitigation for 24"+ DBH trees • If site cannot accommodate replacement: Tree Trust Fund contribution • Most sophisticated replacement methodology reviewed Administrative Process: • Full-time city forester on staff • Tree Preservation Agency reviews all applications • Comprehensive tree survey requirements • 10-day application review timeline • Tree Trust Fund for off-site mitigation Key Strengths: • Canopy area replacement > tree count ensures ecological equivalency • Very low 4.5" threshold protects young trees • Professional staff resources (full-time forester) • Requires permits for virtually all tree work Agenda Item #5.B. 11 Feb 2026 Page 35 of 91 Tier 2: Strong Programs (★★★★) Alachua County, Florida Overall Rating: ★★★★ Strong (Estimated 265/330 points) Protected Tree Thresholds: • Protected trees: 8"+ DBH (all land uses) • Heritage trees: Native trees 20"+ DBH (30"+ for laurel/water oak) • Champion trees: Largest specimens of species • Strong emphasis on native species protection 100-Year Tree Protection: • 20" Heritage native tree = 80-100 years (most species) • 30" Heritage oak = 120 years (Live Oak, growth factor 4.0) • Champion trees require Tree Advisory Board approval • Complete prohibition on removal without prior approval Replacement Requirements: • Mitigation required for all regulated trees removed • High-quality shade species required • Preference for on-site mitigation • Tree mitigation fund for off-site when demonstrated infeasible • $90 permit fee (covers multiple trees on same permit) Administrative Process: • Tree Advisory Board reviews champion tree removals • Only Tree Advisory Board may approve champion tree removal • Development Review Staff processes applications • Natural emergencies: permits may be waived temporarily Key Strengths: • Strong native tree focus (20" Heritage threshold) • Champion tree designation with Board oversight • Applies to all land uses and zoning districts • Tree Advisory Board adds accountability for significant removals Agenda Item #5.B. 11 Feb 2026 Page 36 of 91 Gainesville, Florida Overall Rating: ★★★★ Strong (Estimated 260/330 points) Protected Tree Thresholds: • Regulated trees vary by size and species • Champion trees: special designation • Heritage trees: protected designation • Single-family exemption except champion/heritage trees 100-Year Tree Protection: • Champion and heritage tree categories protect oldest specimens • Only Tree Advisory Board may approve champion tree removal • Single-family homes still require permits for champion/heritage Replacement Requirements: • Mitigation trees required for tree removal • High-quality shade species from Gainesville tree list • Installation of new trees may count toward mitigation except for high-quality species removed • Tree mitigation fund for off-site planting when no space available Key Strengths: • Champion tree protections survive single-family exemption • Tree Advisory Board provides specialized review • Tree mitigation fund allows flexibility • Complements Alachua County ordinance in unincorporated areas Agenda Item #5.B. 11 Feb 2026 Page 37 of 91 Section 3: Category-by-Category Implementation This section examines how leading municipalities implement each of the eight evaluation categories, highlighting innovative approaches and best practices. How Communities Set Protection Thresholds The size threshold at which trees receive protection is the single most important factor in determining which trees are covered by an ordinance. Leading municipalities recognize that tiered systems provide flexibility while ensuring comprehensive coverage. Municipality Basic Enhanced Specimen Heritage/Grand Coral Gables 4.5"—18" / 24"— St. Petersburg 4" / 8"——30" Orange County ——Varies Varies Alachua County 8"20" / 30"—Champion Gainesville Varies ——Champion/Heritage Agenda Item #5.B. 11 Feb 2026 Page 38 of 91 Section 4: Best Practices for 100+ Year Old Trees Based on analysis of leading programs, the following practices most effectively protect centenarian trees: 1. Use Science-Based Size Thresholds For Atlantic Beach and Northeast Florida communities, protecting Live Oak trees (growth factor 4.0) at specific thresholds: • 30" DBH = ~120 years old (centenarian status confirmed) • 24" DBH = ~96 years old (approaching centenarian) • 20" DBH = ~80 years old (mature adult phase) Recommendation: Adopt a 30"+ DBH threshold for "Grand" or "Heritage" designation with preservation preference and 5x replacement requirements. 2. Implement Exponential Replacement Ratios Linear replacement (1:1 regardless of size) fails to account for the irreplaceable nature of centenarian trees. Leading programs use escalating ratios: • Basic trees: 1:1 caliper inch replacement • Specimen trees (18-24"): 2-3x replacement • Heritage trees (24-30"): 3-4x replacement • Grand trees (30"+): 5x replacement (Orange County model) Example: A 30" Heritage Live Oak requiring 5x replacement would mandate 150" of replacement trees. Using 2" caliper replacements, this equals 75 new trees—a powerful deterrent that reflects true community loss. 3. Create Economic Disincentives Without meaningful financial penalties, tree protection becomes optional. Leading programs make illegal removal economically devastating: • St. Petersburg: $6,855 total for 30" Grand Tree • Orange County: $21,200+ for Heritage Live Oak removal • Per-inch penalties that scale with tree size Recommendation: Use formula-based penalties ($150-200 per inch of DBH) plus replacement costs, ensuring minimum $5,000 penalty for Heritage/Grand trees. 4. Require Specialized Review for Heritage Trees Centenarian trees warrant elevated review beyond standard administrative approval: • Tree Advisory Board or Commission review • Public notice and hearing opportunity Agenda Item #5.B. 11 Feb 2026 Page 39 of 91 • Certified arborist assessment required • Presumption of denial unless clear justification provided 5. Maintain Dedicated Staff Resources Effective tree protection requires professional expertise: • Full-time city forester or urban forestry staff (Coral Gables model) • Multiple arborists on staff (Orange County doubled from 3 to 6) • Regular site inspections and monitoring • Active enforcement program with dedicated resources Agenda Item #5.B. 11 Feb 2026 Page 40 of 91 Section 5: Recommendations for Atlantic Beach Based on comprehensive analysis of leading Florida programs and consideration of Atlantic Beach's coastal environment and native tree species, the following recommendations would create an exemplary tree protection program: Recommended Tiered Protection System Category Threshold Approx. Age Replacement Key Species Protected 8" DBH 32+ years 1:1 All natives Specimen 20" DBH 80+ years 3:1 Live Oak, Magnolia Heritage 30" DBH 120+ years 5:1 Live Oak, Magnolia, Sweetgum Agenda Item #5.B. 11 Feb 2026 Page 41 of 91 Implementation Priorities Priority 1: Establish Heritage Tree Program (Years 1-2) • Adopt 30"+ DBH Heritage Tree threshold for Live Oak, Southern Magnolia, Sweetgum • Implement 5x replacement requirement • Create Tree Trust Fund with 80% spending mandate • Establish formula-based penalties ($150+ per inch DBH) • Hire or designate urban forestry coordinator Priority 2: Broaden Protection Coverage (Years 2-3) • Add Specimen Tree category (20-24" DBH) with 3x replacement • Extend basic protection to 8" DBH trees • Develop tree survey requirements for development • Create Tree Advisory Board or Commission Priority 3: Program Enhancement (Years 3-5) • Pursue Tree City USA designation • Complete urban tree canopy analysis • Adopt 30% canopy goal by 2040 • Launch public tree planting program • Develop educational materials and tree identification guide Conclusion Protecting centenarian trees requires deliberate policy choices that recognize these irreplaceable community assets. The leading Florida programs demonstrate that effective tree protection combines science-based thresholds, exponential replacement requirements, meaningful penalties, and dedicated professional resources. Atlantic Beach has the opportunity to join communities like Orange County, St. Petersburg, and Coral Gables in establishing exemplary protections for its 100+ year old Live Oaks, Southern Magnolias, and other native species that define the community's character. The 30" DBH threshold recommended for Heritage Tree status captures trees approximately 120 years old—specimens that have survived multiple generations of development, countless storms, and represent living links to the community's past. These trees cannot be replaced within a human lifetime, making their protection not just an environmental imperative but a responsibility to future generations. Agenda Item #5.B. 11 Feb 2026 Page 42 of 91 Valerie, please include as part of the minutes of the Dec. 17, 2025, ESC meeting. As requested of me at the Dec. 17, 2025, ESC meeting, here are the observations and recommendations of the developer of the property located at 1895 Hickory Lane to strengthen the existing ordinances governing trees in Atlantic Beach as shared with and understood by me in a Dec. 17, 2025, meeting. They include: -Creating an overlay to provide greater protections for the most heavily treed neighborhoods, which are unique due to large lots and large tree canopy . These areas were originally developed with great care to preserve large oaks (i.e. areas west of Seminole, such as Selva Marina). Overlay and historic corridor status would train developers to take extra care because the citizens created this. --ap note: this could include a test pilot for the prohibition of cutting down trees of a certain DBH. The biggest trees shall not be removed. --ap note: ensure these areas are designated as historic corridors -There is a limit on inches granted for preservation credits (40 inches, I am told). Once that limit is reached, there is no incentive to keep more trees. This can lead to the clear- cutting we are seeing. -Similarly, there is no distinction in terms of mitigation credit between trees preserved in the interior of the lot and on the perimeter. ---It was noted that the City of Jax provides an incentive to preserve trees within the interior of a lot by providing higher mitigation credit (double: 2 to 1 credit). This point in the COJ code could be used as a model for CoAB. -The exclusionary zone around trees meant to protect their roots makes siting a house on a small lot challenging. --ap research note: what do developers in heavily treed developments that work around existing trees do on this point? -Specialty foundations with piers meant to protect tree roots do exist, but are expensive. How to incorporate these into building plans? Grant incentives? -Granting variances to reduce front or side setbacks could save trees. --If developers could meet with ESC through a formal process prior to engineering on solutions to save trees by providing relief there would be greater appetite for the risk of seeking a variance. --Discussing this early in the process is key; otherwise, any wait time equals $. Agenda Item #5.B. 11 Feb 2026 Page 43 of 91 - Without incentives, options for variances, or stronger rules, developers are left to their own devices to either save trees or not. The above would level the playing field so that all are subject to the same rules. I will also reiterate my point of discovery that code appears to be silent on criteria for granting variances in order to save trees. Thanks, Amy P. Agenda Item #5.B. 11 Feb 2026 Page 44 of 91 treestrcc strati?ed-ve etation —t-ha¥.These elements ‘Atlantic Beach with critical iheThese tan ible benefits of health trees in our communit have been well documented Sec.23-1.Purpose and intent. Purpose.The provisions of this chapter are established for the purpose of enhancing,conserving,restoring,protecting and preserving the natural environment, specifically related to canopy,/-‘understory ‘and native coastal dune vegetation provide ecosystem s benefits.Priority shall be given to the protection and preservation of existing resources. Chapter 23 PROTECTION OF TREES AND THE NATURAL ENVIRONNIENT1 ARTICLE I.IN GENERAL City City .Reduce ?oodin and stormwater runoff.1m rove air ualit and reduce noise ollution.Buffer wind and reduce storm im acts 0 Provide shade and coolin o Enhance aesthetics walkabilit and wildlife habitat 0 Increase ro ert values Our uni ue maritime forest encompasses all of the trees within the and is an integral and uniquely valuable part of the 7 ‘‘.The maritime forest 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. ...isMel-Imam (gum—— Agenda Item #5.B. 11 Feb 2026 Page 45 of 91 (Supp.No.) Created:2625-69—‘ (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 ,sidewalks,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 ,'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 con?ict 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 .:.a ..' .shall have the authority to amend this chapter as needed to implement its intent,or to implement objectives and policies of the comprehensive plan,or otherwise enact updates as may be appropriate.Amendment to this chapter shall be made in accordance with the established procedures for amending any portion of this Code of Ordinances. (Ord.No.95—21-119,§2(Exh.A),7-12—21) Secs.23-5—23-7.Reserved. ARTICLE II.LANGUAGE AND DEFINITIONS 63—25 %3 3484312912 [EST] eit-y—eemmkysienCitCommission Agenda Item #5.B. 11 Feb 2026 Page 46 of 91 the-sitead-elFess-aHd—eaeh—individHBl—t-Feeeachindividual tree in uestion at the site alon with an s ecific and sufficientl detailed evaluation to ermit confirmation of the assessment 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 .,‘1as designated by the to oversee administration of this chapter. Adversely a?ectedperson 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-factpermit 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 7 ',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 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 -5.'a arborist,as defined above, and that at a minimum clearly states the arborist's name,contact information,and qualifications, and identifies . Atlantic Beach Prohibited Species List shall consist of invasive .species listed by the I 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 a .jf.‘,such as building setback areas, shoreline protection buffers,coastal construction setback areas,wetlands and other similar areas Created:2625-‘697 (Supp.No.)5-150 [EST] anaerti?ed eeFti?edCel‘ managerCit Mana er Agenda Item #5.B. 11 Feb 2026 Page 47 of 91 ())O Critical Root Zone CRZ shall mean the most Vital roots that trees need for survival and that tend to exist in the to 6—18inches of soil in AB and which cannot be com acted cut or dama ed. 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 in?icted by either natural phenomena or human impact by trapping wind-blown sand. "”1 ?: 8 Oaks-uercus Vir iniana Live Oak uercus michauxii Swam Chestnut Oak (Supp.No.‘ 99~;-r»“[EST] Crown shall mean all portions of a tree,excluding the trunk and roots;specifically,the branches,leaves,?owers,and fruit that grow above ground. Designated maritime species shall mean those species that are among the most valuable and desirable species in the and shall include the following species: Bald Cypress (Taxodium distichum). ()Cedar "Juniperus siliciola (Southern Red Cedar),J.virginiaba (Eastern Red Cedar). (,‘)Elm Ulmus alata ,(Winged Elm),Ulmus American ?oridana (Florida Elm). ;Hickory Carya Illinoensis (Pecan),C.tomentosa (Mockernut),C glabra (Pignut Hickory). (;)Loblolly bay (Gordanialasianthus). (’)Magnolia -Magnolia grandiflora (Southern Magnolia"Magnolia Virginiana (Sweetbay Magnolia) ()Maples Acer rubrum (Red Maple),Acer Barbatum (Florida Maple) Created:2825 g1)(-H—American S camore Platanus occidentalis {. Agenda Item #5.B. 11 Feb 2026 Page 48 of 91 —Pinus tacda WWWL HPeaelH (Long Lea:2,gPond 11 Sweet um Li uidambar st raciflua 99.x;[EST] (9)Tupelo (Nyssa sylvatica) (10)Pine "-'(Loblolly Pinus palustris Pinus Serotina '..f) 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 result in the ..death of the tree or has progressed to the point that treatment will not prevent the death of the tree,as determined by the -'i T 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: Created:2625— (Supp.No.)54$ near term WWW certified Agenda Item #5.B. 11 Feb 2026 Page 49 of 91 (1) (2) (3) (4) (5) (6) Wetlands determined to be jurisdictional,and which are regulated by the Florida Department of Environmental Protection (FDEP),the US.Army Corps of Engineers, or the St.Johns River Water Management District (SJRWMD); Estuaries or estuarine systems; Outstanding Florida Waters as designated by the State of Florida and natural water bodies; 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; Areas designated as conservation on the future land use map; 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 US.Fish and Wildlife Service,and the FDEP. Equivalent value shall mean a monetary amount re?ecting 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. maHHme—speeiesnon—invasivetree eit-y—eemm'rssienCitCommission Grading shall mean the placement,removal or movement of earth 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. Grabbing means theeffective removal of understory vegetation from a site which _. ,,,,,does not include the removal of any trees with DBH greater than three (3)inches- Hardwood shall mean an angiosperm,a ?owering tree or a broad-leaved tree,as distinguished from a gymnosperm or cone—bearingtree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Heritage tree shall mean any designated V._.. "that is thirty (30) inches DBH or greater and declared by the .-"i 3 .:r;tobeof unique or intrinsic value due to its age,size,species,and/or cultural,ecologicalorhistorical significance or some other contribution to the *2 .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 (Supp.No.,) Created:2625- eiieyisCity [EST] re uire a ermit even if this shall ,often Agenda Item #5.B. 11 Feb 2026 Page 50 of 91 he?tageHcrita e heFi-tageHerita e eiiey-eemm‘rssienCitCommission he?tageHerita e awC—iw on the Cit ’8 website -)Florida Invasive S ecies Council List of Invasive Plant S ecies that are not native to our 3 eci?ed eo ra hic area and can cause environmental or economic harm or harm human health Legacy—treeLicensedlandsca e architect t—Fee—t—hat—ISerson who holds designated Mme—spadesrasrde?nedlicensc to racticelandsca e architecture this-eha?tefTand—t-hat—ts—teH- H-Q)mehes—DBH—er—great—ektheStateof Florida. eit—yCity 63-25 -2*3 11:93e31:29:12 tree-eensewa?ea—fu?dTrec Trust Fund natural]eit—y—beunda?es-p?epte (Supp.No.) been designated to be a ,-tree by the ,.Heritage trees may be located within parksor other public property On privateproperty,," trees must be voluntarilynominated by the property owner.The ,administrator shall keep a record of all _,,'.t-rees so designated and their location ' Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special historic,architectural,or cultural value to the citizens of the as declared by the International Society ofArboriculture (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 plant shall mean those plants recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C.5B—57.007 or listed on the Atlantic Beach Prohibited Species List Landscape materials shall mean living material,including trees,shrubs,vines,lawn grass, and ground cover;landscape water features;and nonliving durable material commonly used in landscaping,including rocks,pebbles,sand,and brick pavers,but excluding impervious surfaces (pavement). shall mean a a in Maritime forestshall mean the collection of trees,to include its canopy,the understory,and ground cover in and around the ,.,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 :-t .-', Native shall mean a plant species occurring within the - Naturalized exotic shall mean an exotic species that sustains itself outside cultivation. Created:2625-''[EST] Agenda Item #5.B. 11 Feb 2026 Page 51 of 91 )[ 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. 2 and structural inte ril or Non—native shall mean a lant s ecies that was introduced to Florida either u osefull or accidental]from a natural eo ra hic ran e outside of Florida. Noxious shall mean a lant that can directl or indirect]in'ure or cause dama e to cm s includin nurser stock or lant roducts livestock oultr or other interests of a riculture irri ation navi ation the natural resources of the United States the ublic health or the environment.A ricultural Risk Protection Act Public Law No.106-224 2000 .114 of a tree.£9,446er meenbe in accordance with (Supp.No.) 02—25 43;ki—zear‘SiJ 2g O?siteshall 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. shall mean the removal of dead,dying,diseased,weak or objectionable branches in order to increase usefulness,beauty vigor» .Pruning shall ,_,..'w the following:American NationalStandard Institute,Standard for TreeCareOperations—Tree,Shrub and Other Woody Plant Maintenance—Standard Practices (ANSI A300,current edition);American National Standard Institute,Safety Standards for Tree Care Operators (ANSI 2133.1,current edition); National Arborist Association Pruning Standards for Shade Trees (current edition). Regulated tree shall mean any tree as follows: Created:2625 Prunin im r0 er shall mean the substantial alteration of a tree such that there is irreversible dama e or that it is like]to result in the tree's decreased structural intc rit decline or death. 5-150 [EST] #FunePrunin Agenda Item #5.B. 11 Feb 2026 Page 52 of 91 3 An tree lanted as re uired miti ation. with . (Supp.No.. (1)Private regulated tree shall mean any tree on private property,except those species listed on the Atlantic Beach Prohibited Species List _ a DBH of eight (8)inches or more. (2)Public regulated tree shall mean any tree on public property,except those species listed on the Atlantic Beach Prohibited Species List. Regulated vegetation shall mean vegetation located within any area designated as an "environmentally sensitive area,"as defined by the City of Atlantic Beach Comprehensive Plan including,but not limited to,all wetlands,all beach and dune areas seaward of the coastal construction control line,and all areas designated as conservation on the future land use map. Shade tree shall mean any self-supporting woody plant of a species that is generally well- shaped,well-branched,and well-foliated which normally grows to a minimum average height of at least thirty—five(35)feet with a minimum average mature crown spread of at least thirty (30) feet,and which is commonly accepted by local horticultural and 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—supportingwoody 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. Tree shall mean any self—supportingwoody 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. Created:2625-,“3 69-[EST]03-25 —2§112%}:29112 ,1 III IIEII .,,1 'I'I?lll‘ll‘l Agenda Item #5.B. 11 Feb 2026 Page 53 of 91 eeaservetabn—fundTrustFund eit- yQilyyevidean—eppeptwmtemake-equwment—vauecollect tom ekypugpose of re lacin or enhancin the maritime forest tree steektrees or its Critical Root Zone At—the—d-isem?en—ef—the—adminis?ateeFortreeswith a lar 6 CR2 that makes construction Virtual]im ossible there are alternatives for tern oraril rotectin roots such as thick mulch addin and steel or wooden latin .A r0 osed re uest for these exce tions can be made durin the ermittin so the the administrator ma determine if spiking,girdling,chemical poisoning, improper pruning= .2 the ressure #Mee?enmen?y—ehanged—and— Feeults?ktreedea?wdedinee ui ment vehicles or material (Supp.No. Created:2625—I L..6914 [EST] Tree (tree fund)shall mean an account established by the to cash payment _.the in lieu of providing the required landscape or 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 protectionzone shall mean the area located around the perimeter of the dripline of a tree ..ir ....in which no activity such as clearing,filling,excavating,storage of materials,parkingofvehicles,or any other activity that 1n the opinion of the administrator may damage the tree. ..the tree protection zone may be reduced for trees located on smaller lots in order to reasonably protect the tree and facilitate construction on the development parcel. Tree removal shall mean any act that physically removes the tree or its roots from the earth or causes a tree to die including,but not limited to, changing the natural grade above or below the root system or around the trunk or the of Tree or vegetation removal permit shall mean the written authorization issued by the 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. 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 3414b:03-25 -2%Ema-1:29:12 Agenda Item #5.B. 11 Feb 2026 Page 54 of 91 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 and the administrator are set forth herein. (Ord.No.95—21-119,§2(Exh.A),7-12-21) DIVISION I.IN GENERAL ARTICLE III.TREE AND VEGETATION REGULATIONS AND PERMITS 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/0r 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. (Ord.No.95-21-119,§2(Exh.A),7-12—21) Secs.23-9,23-10.Reserved. 83-25 "B -1-1—:0-3:—3-1.29:]£ ei-t-y—eemmissienCitCommission (Supp.No.) Created:2625-09:[EST] Sec.23-12.City commission. The ''T ,'..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 '.1 ;‘ V maritime forest. (3)To amend this chapter as may be needed to accomplish the stated purpose and intent of this chapter. 54$ ei-t-yisCiy DIVISION 2.ADMINISTRATION eity—eemmissienCitCommission Agenda Item #5.B. 11 Feb 2026 Page 55 of 91 (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. ei-t-y—eemmissxienCitCommission 'I .|..I I F F eenservatien—iundTrust Fund trust eity—eemmissienCitCommission tree-eemewa?en—?emd—(ltFee-fbvnlerecTrust Fund ePcvSLILX vegetatienmse?a?manémeieetien?nhancin the tree cano estab?shment—ef-vegetat-Ne-Fese?eesas described t-he—eit—y—and—an-y—et—hem?lkwee?s-asseeiaieed (Supp.No.) es—-[EST] 8 To recommend to the ro‘ects consistent with thePJ purpose and intent of this chapter, (9)To recommend to the amendments consistent with the implementation of the purpose and intent of this chapter (Ord.No.95—21-119,§2(Exh.A),7-12—21) Sec.23-14.Tree (a)Establishment of tree 3 ;fund.The 1 hereby recognizes and reaffirms the prior establishment of the for the purposes of accepting and disbursing monies paid to the L:‘1'I'as part of tree mitigation and any other funds deposited with the for the purpose of ' , This fund shall be used solely Created:2625—' eit—y—eemmissienCitCommission Agenda Item #5.B. 11 Feb 2026 Page 56 of 91 DI) eit+eemmissienCitCommission and—ina-Fe- te-gag);accordin 1 ei-t-y—eemmissieHCitCommission W?iis section (b) (C) ((1) Terms ofexistence.The tree fund shall be self—perpetuatingfrom year to year unless specifically terminated by the Tree .assets.All funds received shall be placed in trust for the public use and environmental benefit of the .Said funds shall ‘be used and distributed as designated by the Tree fundadministration. (1)Tree funds shall be used only for the purposes designated by the 'in accordance with the intent of this chapter and the applicable goals, objectives and policies (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 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 .The . (ESC)shall review and make recommendations on the disbursal of tree fund assets to the final approval (2)Priority shall be given to the use of funds for projects that plant replace trees vegetation public private provided premeteyhelpt0 er—mapiement—Hae—geais—a?d—ebjeetwes-estabh?hed—mrotcct and romote the Cit ’s maritime eit—yCity envirenmemal—stewaréship eemmitteeEnvironmentalStewardshi Committee &elt-y—een?maenJFhe-at-y eemmissien—shaH—halveCitCommission for -9n—a+Ldi5bu-Fsa¥s-ef—t-he—tFee—f-u-nd assets 49:;__,or rotect ergllg alengintheCitincludin both FighE—Qf—WGV—GF—GH —pFepeFt—ies etheFand ‘1:pmpertylandsFundscanbe used to su ort the maintenance of trees. Funds ma beusedfor ancillar tree rotection costs t—heirent—yan—i—setbaeleareas—er—in—the—easethatsuchcostsshall not exceed twent 20 m Mme cost of1 1 »QWMWWWWWeanepy—m—neghbmheeds—wrd— alengpubhereadways—Eamcular project. funded b the Tree Trust Fund Seeenéa?yAs a secondar riorit and/ I |I'l' (Supp.No. L\.V «v. For trees planted on private property ,the property owner shall be responsible for maintaining the health of the tree(s). ,funds may be used for purchase of landscape materials or equipment necessary .for the preservation,maintenance, relocation -'.._"orrestoration of trees and ecosystems on any public land in the .,, or for the funding of community educational programs which enhance Created:2625-5.-93»2‘3 «23 1-1’93+3-1129:1Z [EST] theof Commission City fundFun Agenda Item #5.B. 11 Feb 2026 Page 57 of 91 _thisforest.Funds ex ended under Wh may not exceed twengd 20)percent of the total ex enditures from the tree fund annual] (Ord.No.95-21-119,§2(Exh.A),7—12— .I 6NQFHGHSH-H‘GSH‘E r“)S )7 InvasiveS CCICS FE-PJIG);FISC or 995%me «ma certified 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,?ood 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-infestedtrees.The removal of diseased or pest--infested trees shall be granted anexemptionupon inspection and determination by the administrator or 5 ,.arborist that removal 1s needed for the purpose of preventing the spread of diseaseorpests. (4)..‘ " .-:.trees The removal of 1nvasive trees,as currently listed bythe FloridaDepartmentofAgriculture and Consumer Services (FDACS), FloridaDepartmentofEnvironmentalProtection(FDEP),Florida ;.“ ~ Council (_‘the Atlantic Beach Prohibited SpeciesList ‘ ‘ ‘shall be granted an exemptionuponinspection and verification by the administrator or .arborist. (Supp.No.) Created:2625- ra—feFestef-y and certified O [EST] u Secs.23-15—23-20.Reserved. Agenda Item #5.B. 11 Feb 2026 Page 58 of 91 l’V VD DY.2 MAI]efforts will be made to make that area aestheticall leasin to avoid dama in tree roots and to leave trees structurall sound.The Cit eityCi y (5) (6) (7) (8) 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 .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 before commencing such work 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. City crews.The 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. shall not have the responsibility to maintain, prune or remove any damaged,deador diseased trees on any private property within the Exemptions 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 ,','1'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. (Supp.No.51) Created:2625-69-23 11:63:31 [EST] al eit-yCity and make eve effort to retain as much tree cano to avoid dama in tree roots and to rune in a wa that leaves trees safe and structurall sound Agenda Item #5.B. 11 Feb 2026 Page 59 of 91 eitylsCity's WWWEnVimnmemal Stewardshi Committee Tree Subcommittee 69$;[EST] (1) (2) (3) 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. New or re—plattedsubdivisions.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. After-the—factpermits.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)Su?ciency review ofapplications. (1) (2) (3) 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. The administrator shall upload all tree permit applications to the website and send to * ..(ESC) within three (3)days of being deemed sufficient in accordance with this section. The ESC .1 may review any permit application for compliance with this chapter and may provide recommendations to the administrator regarding the permit application. _The administrator may refer the application to other ‘ .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. ()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),"Z:1:r'—dayextension.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. (0)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 (Supp.No. Created:2925-‘i 54-) Agenda Item #5.B. 11 Feb 2026 Page 60 of 91 ()p q 421)p ,gun I)z p pp m: (f)x 17 pp p v( v n 2 D ()0 YR LL—\ ()D D vp ()pp v gpy n 2.D g any v rvv (d d Ins ections re uz'red.The a licant shall schedule all re uired ins ections in accordance with Section 23-24 followin a lication submittal. e Miti ation calculations.U on com letion of the re uired ins ections staff shall rovide the a licant with the a licable tree miti ation calculations ursuant to Section 23-33. Miti ation lan submittal.The a licant shall submit a miti ation lan within thin 30 calendar da 3 of recei t of the miti ation calculations.The miti ation lan shall: 1 Include a site lan identif in the location of all reserved trees relocated trees and r0 osed new treeS' 2 Indicate the s ecies and cali er size of all relocated and new]lanted treeS' 3 If the a licant elects to satisf miti ation re uirements throu h a ment in lieu of on— site lantin include documentation detailin the number of cali er inches to be miti ated throu h a ment as well as an other information deemed necessa b the Cit . and an a roved miti ation lan has been submitted ?r-eeg? ereylsCity's ) 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 " (1)Army Corp of Engineers (ACOE); (2)Saint Johns River Water Management District (SJ RWMD); (3)Florida Department of Environmental Protection (FDEP); (4)Any other applicable governmental agencies extending jurisdictional controls over the site. Compliance review and approval ofapplications.When the administrator's application review process and inspections have been completed , 'z".,the administrator shall distribute the approved .-permit to the applicant and all members of the .upload the draft permit to the -J ”website. (.)Expiration ofpermits.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. Content ofpermits.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:2825-89»: (Supp.No. 03~25 —B +1»:93+31:29:12 5-1:) [EST] ESC and Agenda Item #5.B. 11 Feb 2026 Page 61 of 91 1()Posting ofpermits.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 _ '.It is the responsibility of the applicant to maintain the permit in a clearly visible manner at all times. (1)Amendment ofpermits.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 ofpermits. (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 accommodationsto 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),7-12-21v .) 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:2825-69-4 (Supp.No.5-1- [EST] Agenda Item #5.B. 11 Feb 2026 Page 62 of 91 IheU on recei tof a com 16th a lication the pFieHe-ap-pmva-l-ef—anvtoverif the information list on the (Supp.No.‘ (1)Initial inspection.' , -administrator shall conduct an initial inspectionofthe site ' .application. (2)Protective barricade inspection.A protective barricade inspection shall ensure proper installation of measures prior to the initiation of any other development activity where required as a condition of the permit.’ (3)Final inspection and notice ofcompletion.A final inspection and notice of completion shall occur when all development activities permitted for the site have been completed. N0 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 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 ?agged with surveyor‘s tape or with bright colored paint. (3)All trees to be preserved during development activities,including ,shall be barricaded according to (4)All trees proposed for removal shall be identified with red or orange surveyor‘s tape or paint. (5)All trees proposed for protection as mitigation for removed trees shall be identified with blue or green surveyor's tape or paint (Ord.No.95—21—119,§2(Exh.A),7-12-21) Created:2825- clearly laccd ate 6 level throu hout the construction eriod 03—25 B—li—Z?éi?lgtll 5-!50 [EST] Barricadcs shall be installed in accordance with Section 23— Agenda Item #5.B. 11 Feb 2026 Page 63 of 91 tree—subeemmi-t- subeemmitteeTreeSubcommittee eemmu-Hit—y—develepmen-t—be?dcommunitDevelo ment Board Hee—subeemmi’eteeTl‘eeSubcommittee Sec.23-25.Appeals and variances. (a)Appeals.Appeals of final decisions by the administrator made under the authority of this chaptermay be made by the applicant,any member of the ESC ,or an adversely affected party in accordance with the following provisions.Anyappealfiledpursuant to this section shall stay all work on the premises and all proceedings 1n 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 . 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 ..shall review the application for compliance with the requirements ofChapter23andshall,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 ‘‘ 1 ,,,,.'1--,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 meeting. (b)Variances.The .‘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 ,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 (Supp.No. ""and shall contain each of the following: 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. (1.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:2625—69 ) [EST]-,-‘H Develo ment Board Hee—subeemmit—teeTICeSubcommittee Subcommittee tree-sabeemmmit— Subcommittee Agenda Item #5.B. 11 Feb 2026 Page 64 of 91 Board 03‘25 “3%415-9381219?2 (2) (3) (4) (5) (6) (Supp.No. Upon receipt of a complete and proper application,the administrator shall within a reasonable period of time schedule the applicationforapublic hearing before the following the required public notice as set forth in section 24-51 Atthepublichearing,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. Grounds for approval of a variance.The shall find that one (1)or more of the following factors exist tosupportanapplicationforavariance: 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. (1.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. Approval of a variance.To approve an application for a variance,the 'shall find that the request is in accordance with theprecedingtermsandprovisions of this section and that the granting of the variance will be 1n harmonywith the purpose and intent of this chapter. I11granting a variance,the , may prescribe appropriate conditions in conformance with and to maintain consistency with .~.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. Approval of lesser variances.The ,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. Nearby nonconformity.Nonconforming characteristics of nearby lands,structures or buildings shall not be grounds for approval of a variance. Created:2625-69--‘ )5-1- [EST] develepment—beardCOmmunitDevelo ment Board (gammy—WComnmnit Develo ment Board Dcvelo ment Board eemmunit—y—éevelepmeni—beaFdCOmmunit Agenda Item #5.B. 11 Feb 2026 Page 65 of 91 eemmu-nityommunit eerrmunit—y—devel-epment—beardCOmmunitDevelo ment Board eity—eemmissienCit Commission eit— yCity eit—y— Commission eit-y-eemmissienCit Commission Created:2625-,“[EST] (7)Waiting period for re—submittal.If an application for a variance is denied by the (8) (9) 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. Time period to implement variance.Unless otherwise stipulated by the ’',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 'development director,upon finding of good cause,may authorize a one-time extension provided that an associated building permit is active. Appeals of a decision by the ' ..related to this chapter may be made to the "by any adversely affected person(s),any officer,board or department of the 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 . ’within thirty (30)days after rendition of the final order,requirement,decision or determination being appealed.The appellant shall present to the .a petition,duly verified,setting forth that the decision being appealed is in con?ict with or in violation of this chapter,in whole or in part,and specifying the grounds of the con?ict or violation.A duly noticed public hearing,which shall be de novo,will be held by the ,.at a date and time set by the ...,,or his/her designee,shall be scheduled within ten (10) business days from the date the appeal is filed. (Ord.No.95—21—119,§2(Exh.A),7-12-21 ) Sec.23-26.Fees. (a)Application fees.The 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 t .,_'.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) (Supp.No. 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.or two-family residential uses (per lot "",.00 ) SingeDevelo ed sin lc 63-25 u}?1i -04-—3 5%50 )$-12§)§150‘il ei-t—y—manageFCitMana er ei-t-y—eemmissienCi‘LCommission develepnmnyeeaFdCommunit Develo mcnt Board Clerk Agenda Item #5.B. 11 Feb 2026 Page 66 of 91 9 3 (D AppeaJs—HéAppealS$500 WeesseoVariances 500 59E New construction or vacant sin le—or two-famil residential uses $500.00 usesQéOuseS $250 asesaéauses 250 {7159525999 er lot Multifamily residential Commercial or industrial Institutional and any other .00 .00 .00 Created:2625-7.7-»[EST] (3).00 (4).00 (b)Reinspection fees..00 (c)Research or extensive time fees (per h0ur)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 '.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—inchcaliper 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. (Supp.No.)5-150 Agenda Item #5.B. 11 Feb 2026 Page 67 of 91 mat—tom eFfFem- or otherwise dama in a tree’s root 5 stem root disturbance dama e eit-yCity without a Cit ermil (Supp.No.‘ Created:2925-‘69 '[EST]83—25 —?'}«}}593~:—3§:29:12 (3)Industrial uses.For each parcel upon which an industrial structure or associated (4) 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. 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—21and 23-22,the following general prohibitions shall be applicable. (a) (b) (C) Excessive or improper pruning.It shall be unlawful for any person to engage in excessive or improper pruning techniques on trees required '5,an approved tree protection plan.Trees intended for shade purposes shall be allowed to reach their mature canopy spread. Pruning 'I ,or removal of ._trees.It shall be unlawful for any person to trim,prune,or remove any tree which is within the .rights- of—wayor upon any other _property Without the permission of the as evidenced by the appropriate permit. Tree *-.T '.It shall be unlawful for any person to subject a tree to any danger from poison or reactive material,'girdling with wire,cable or similar material,-5‘inserting metal or chemicals into a tree " (d)Attachments.It shall be unlawful for any person to attach anything,including signs, (6) 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. Unauthorized clearing of lots.It shall be unlawful for any person to clear the trees from any lot 'v :'x;a such that the minimum requirements of section 23- 30 are not maintained. (Ord.No.95-21-119,§2(Exh.A),7—12—21) eit- yls‘vCity'eit— or cuttin com ressin Agenda Item #5.B. 11 Feb 2026 Page 68 of 91 ()() (V DD DV EDDV 1v ‘ E tempm steregetem orar or ermancnt lacement soils or stones or lacement ,I E 'I I . preteet—ien—zeneCriticalRoot Zon 49:1 or trees on an ad'oinin r0 ert or ri ht—of—wa that—the Wmmmmme rotection of there airs im rovements and/or an .The owner s and a ent 3 shall ensure full corn liance with the measures described in,this section to rotect the Critical Root Zone trunks and cano of trees mThis includes rohibitin the tem orar lacement of ef—these—er—et—heFS—uch soils water and/or may-net—beauewed-te-sit-emern__ear -er—whe+=e—plan¥mg—bedsa¥e—te- be—sit-uat-ed.—_WPro er Owner res onsibili or Way-W; shewn—en—t—he—vegeta?en carefull eit-yCity developmeM—erder promptly a— Femedialae?en—as—required-by—this—ehapterSection23-34 Pretee?veSturd rotective the Critical Root Zone of HM nBarriersshallremain publieheel—byintactthrou hout l Wura?on *Wonstructio n an-y WWWumil all risks to the rotected trees have been miti ated as determined 49%.Removal or relocation of barriers rior to written a roval shall constitute a violation of pamCode. (Supp.No.) Created:2825-”;‘[EST] Sec.23-32.Tree protection during development and construction. properties ,regardless of whether or not a tree removal permit is required,the property owner(s)and their agent(s)shall ensure ':all regulated trees that may be impacted by development activities (a)Restrictions during construction. (1)Placement ofmaterials,machinery,or soils.It shall be unlawful for any person(s)to cause or allow the 1 i of construction materials,. ‘ .the passing of :or use of heavy equipment or machinery within the of any regulated tree group of trees to be preserved . ‘ (2)Disposal ofwaste 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. ‘.‘any .materials that may be harmful to the 2 .life of a regulated tree on or the soil within the tree protection zone (b)tree protection The property owner(s)and their agent(s)shall ensure that any tree for which a tree removal permit has not been obtained is to be protected.The property owner shall .guarantee survival of preserved,relocated, and replacement trees for no less than three (3)years from the date the accepts the trees and landscaping as complete .If a preserved,relocated or replacement tree dies during that time period,the property owner shall ._.."replace the tree in accordance with (c)Protective barriers and signage required.‘:»barriers and signage shall be installed around '._A..‘?.every tree or group of trees to be preserved prior to commencement of construction _, ,in and .' '"the L of ‘or .by the administrator >23471+G&s3<1229212 5-}50 this further Agenda Item #5.B. 11 Feb 2026 Page 69 of 91 ---I01‘SVISIBLE D 2 J l3 D V 5’(l J?D n 0 V V ——.g_: —L—’_D_ E_—L_- —IZL4V_«I; v 2 ’1 u p ) (1) ,'protective barriers shall be placed feet from the base of any tree shall encompass at least fifty (50)percent of the area under the of wood two—by—four posts eight (8)feet apart with a IempeFar-yMinimumbarrier distance.For all rotected trees to be reserved on site tempor?at—least—six—télnotless than 10 read.Further for all trees that are 30 inches DBH or reater the barrier shall be laced not less than 15 feet from the base of an treeand dripuneet theadmtntstraterunnruneddrib line of a tree Where com liance with the above revisions is h sicall not ‘ ossible a re uest to rovide an alternative for art of the area such as a thick ine straw mulch or addin that is maintained at no less than 6 inches dee for art of the rotection distance ma be considered b the Administrator. lemperaiwreteetiveBarrier construction standards.Protective at least—three—(sl—feet-high?stablishedasfollows: a.Be not less than 42 inches in hei ht't ahaH-eensisg b.Be constructed _either—a—“tenee—wit-h-OI‘metal fencin that rovide rotection and durabilit 'and c.Be su orted b steel or $2 X 4)*ptaeed—a—max'imumefsaced no more than and secured >it,WWW ' ,rope I .II I l"i; (d d.Have clearl visible si na e statin “DO NOT ENTER”or “NO ACCESS” laced on or above the barrier at least ever ei ht 8 feet. (Supp.No.) 93-25 -2-3—-Fx~:93:31:29:12Created:2625-69 [EST] barriers shall be top rail and (2) ‘llu Agenda Item #5.B. 11 Feb 2026 Page 70 of 91 _g__v uP1‘1’ I: p Diameter At Breast Hei ht DBH I |.|I I'l I l'l 3c—hem-aEeeH'-t-ee+4ngFeateF WW (Supp.No. Created:2625—.[EST] )Adjacent properties.The property owner(s)and their agent(s)shall ensure protective barricading of all regulated trees located ,..,on adjacent properties, that have root or branch systems that encroach upon the subject property,and that may potentially be impacted by development activities. (Ord.No.95-21-119,§2(Exh.A),7—12—21) Sec.23-33.Mitigation to be assessed. (a)Mitigation required.Replacement or relocation shall be the preferred methods of mitigation. Unless mitigation in the form of payment into the tree conservation fund has been approved in accordance with section 23—37,mitigation in the form of tree replacement,relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a condition of the tree or vegetation removal permit. (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 ASSESSNIENT CLASSIFICATION OF CATEGORY OF REGULATED TREE PROPERTY Heritage 6315 43»1§-:64:-3-1: The u ose 0f miti ation is to incentivize rotection of existin trees and where that is not feasible ensure sufficient lantin and care of 3 r0 riate new ones. the ri ht of wa or Agenda Item #5.B. 11 Feb 2026 Page 71 of 91 1:1 1:3 1:4 1:41:2 1:3 (-L49—inehe5than—feu?eengreaterinehes (-Mé—mehes remade Wed-as W Genressed—as to 13 W in.or more i-nehes Femeyede Metres-owed 14 to 29 in. 'Other ublic ro ert environmentall areas‘area historic corridors 1:2 1:3 Developed lot2 120. 5 New construction3 1215 I .l ..,p .... pmpesedemndemnaummmmmmma buildin or home exists and will be retained. Where a property falls under the of 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 3 New construction shall mean the construction of a new principal building.For the purpos es of this chapter,this definition does not include construction proposed on vacant '..» definition shall include construction proposed on lots that have an active permit for demolit ion 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— (Supp.No.L) X15 2. 83 ’25 Wmlotshis [EST] Wefinitions both sensitive 1n. Vacant / Agenda Item #5.B. 11 Feb 2026 Page 72 of 91 ED V( 4 Environmentally sensitive areas shall include lands,waters or areas Within the City of Atlantic Beach which Feteeated-ensitershallnot re uire miti ation.Relocated trees that do not survive the three 3 ear maintenance and monitorin eriod under Section 23—34shall be re laced accordin to the then current miti ation uidelines within sixt 60 da 5 of that determination. e?25 -£&-—Hr:-6-32-31:29:12Created:2625-“[EST] 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 . ”as declared by the (C) (d) (e) (0 General conditions.Mitigation shall be in the form of preservation of existing trees,successful relocation of existing trees,replacement with new trees,or payment into the tree fund as authorized by this chapter shall occur within thirty (30)days,or prior to issuance of a certificate of occupancy or other final approval if it is in association with a development permit.The applicant assumes all duties,risks and costs associated with mitigation. 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 ')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—sitethe required mitigation would be reduced by twenty-five (25)percent to seventy-five (75)total inches of mitigation required. 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 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. (Supp.No.) |U'1 Wight (8 Cit Commission rotected Agenda Item #5.B. 11 Feb 2026 Page 73 of 91 p_2/_ .2 ry TY ry QEQ W4g4)ea?peFDBl-I nearb or Florida Oaks shall have a minimum four-inch and twelve-foot height at time of installation. All other new replacement trees shall have a inch and ten—footheight at time of installation. Palms shall have a minimum clear trunk height of eight (8)feet at time of installation. 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 ,be utilized for mitigation credit. 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 (1A)mile of the vacant lot.This shall only be done as an alternative to payment into the tree fund when it can be proven that a site cannot fit required replacement plantings.A signed letter from the property owner accepting ,. -off-site mitigation plantings and maintenance obligations shall be attached with the tree permit application. Atlantic Beach Recommended Species List.Replacement trees shall [be]selected from the following list.This list was created based on hardiness,disease and pest resistance,availability,and size variance.No mitigation credit will be approved for trees that are not on this list,unless approved by the administrator. CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST SHADE TREES Common Name Botanical Name Ash,Green Ash,Water Fraxinus enns lvanica Fraxinus caroliniana Ba ,Lobloll Gordonia lasianthus Cedar,Southern Red Juni erus silicicola C ress,Bald Taxodium distichum C ress,Pond Taxodium ascendens Elm,American Ulmus americana Hicko Hicko Hicko Hicko (Supp.No. ,Mockernut Ca a Tomentosa ,Pecan Ca a illinoensis ,Pi nut Ca a labra ,Water Ca a a uatica ) Created:2625-‘69031':‘—2%—+1+6%:—[EST] and Red Agenda Item #5.B. 11 Feb 2026 Page 74 of 91 an GD 0: \‘ID ”y nLouatJaane.c Plum Eriobotr a a onica (Supp.No.) Created:2625-,V:.69-[EST] Ma nolia,Southern Ma nolia,Sweetba Ma le,Florida Ma le,Red Oak,Live Oak,Shumard Red Oak,Swam Chesnut Pine,Lobloll Pine,Lon -leaf Pine.Pond Pine,Slash Su arbe Sweet um S camore Tu elo Common Name Palm,Cabba e Palm,Canar Island Date Palm,Pindo Palm,S lvester Date Palm Palm,Washin ton Common Name Cedar,Red Cra e M rtle Elm,Win ed H011 ,American Holl ,Dahoon Holl ,East Palatka Holl ,Yau on Oak,M rtle Oak,Sand Live Ma nolia randi?ora Ma nolia Vir iniana Acer barbatum Acer rubrum QuercusVir iniana Quercusshumardii uercus michauxii Pinus taeda Pinus alustris Pinus serotina Pinus elliottii Celtis laevi ata Li uidambar st raci?ua Platanus occidentalis N ssa s lvatica PALM TREES Botanical Name Sabal almetto Phoenix canariensis Butia ca itata Phoenix s lvestris Washin tonia robusta Botanical Name Juni erus Vir iniana La erstroemia indica Ulmus alata ?ex 0 aca Ilex cassine Ilex attenuata Ilex vomitoria uercus In rtifolia Quercus eminata .3"4463. UNDERSTORY OR ORNAMENTAL TREES Agenda Item #5.B. 11 Feb 2026 Page 75 of 91 % i Redbud Chionanthus Vir inicus Salix caroliniana Riverbirch White Frin etree Willow Carolina Bctula ni ra Cercis canadensis Wax M rtle M rica cerifera (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. 0.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—inchpalm 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 ofaboveground 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 con?ict with existing aboveground utilities or public facilities,and approved by the administrator: Created:2625—09 (Supp.No.) 83-25 -23 >1§+932§~1>z29212 5-150 [EST] Agenda Item #5.B. 11 Feb 2026 Page 76 of 91 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 growth and viability of trees 1..trees of thirty (30) feet shall be spaced at least ten (10)feet ept-ima-I-?beagh—tpemnay—be—planted—eleser—teget—her I [E I I .. smauA_ll eralms—with—neFmal—matu-Fe—heightshallbesaced not less than five 5 feet a art from other trees and be no less than five 5 feet awa measured from the base .?f-‘éeen—H—SHethCtreefrom homes 001s drivewa s and other im ervious areas. 2.Medium and lar 6 trees with normal mature hei ht reater than a art and and not less than 10 feet from homes or other built structures 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 ofsuccess.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 ,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—yearmonitoring 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:2825-.2 69 [EST] (Supp.No._) -‘l.+IL .,: Agenda Item #5.B. 11 Feb 2026 Page 77 of 91 W771"? P PP eit-yCity El"'ll‘III I: (-H—Plalq?ng—ef—speeies-en—t-he-A-?ant-ieBeaeh-Speeies—EMS CCieSlisted in this section aeeemedused (-2-)—nen—Hati’Je-invasivethelisted #enrnemeaden?al-pmpemes-(exeluwng amount into the tree fund in lieu of planting a third replacement tree.If the property owner fails to replace the tree or to pay the appropriate amount into the tree fund within sixty (60)days,the property owner shall be in violation of this chapter. (2)Large-scale projects.If a permit includes the relocation of ten (10)or more trees,or the planting of one hundred (100)or more replacement trees,the determination of success for the overall mitigation effort shall be based upon a percent survival rate.A successful project shall be one (1)in which ninety (90)percent or more of the newly planted or relocated trees are determined to be viable after a period of three (3)years. If a large-scale project is determined to be successful on this basis,additional replacement trees will not be required.If this success rate is not met,then section 23 —34(1)shall apply. (Ord.No.95-21—119,§2(Exh.A),7—12-21) Sec.23-35.Elimination of undesirable species. (a)Guidelines The natural vegetative communities existing within the shall be protected by the control and elimination of non—nativeinvasive species. Prohibited shall not be for mitigation credit. Removal of ,4 species .be completed as a requirement for approval of any development permit issued by the invasive species shall harm (b)Atlantic Beach Prohibited Species List.The following species or sub—speciesof 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 ine casuarina cunnin hamiana Australian ine thicket casuarina lauca Bischofia bischofia 'avanica Brazilian e er schinus terebinthifolius Cam hor tree cinnamomum cam hora Carolina laurelcherr runus caroliniana Carrotwood cu anio sis anacardioides Castor bean ricinus communis Catclaw mimosa mimosa i ra Created:2025- (Supp.No.) 93 25 32$4472633: 5&9 [EST] Agenda Item #5.B. 11 Feb 2026 Page 78 of 91 ’35y: P g P P p g y yyg g rP P q q l E _p V 2?" FY P Pa er mulbcrr Broussonetia a rifera Li ustrum sinensisChineserivet 5- Chinabe tree Chinese tallow Chinese wisteria Climbin cassia melia azedarach sa ium sebiferum wisteria sinensis senna endula Earleaf acacia acacia auriculiformis Golden Raintree koelreuteria aniculata Guava sidium ua ava Jambolan s z ium cimini Laurel fi ficus microca a Lead tree leucanea leucoce hala Melaleuca tree melaleuca uin uenervia Mimosa tree albizia ’ulibrissin Orchid tree bauhinia varie ata Schef?era schef?era actino h lla Seaside mahoe thespesia nopulnea Shoebutton ardesia ardisia elliptica Strawberrv guava sidium cattleianum Woman's ton ue 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 shall be protected by the control and elimination of trees af?icted with rapid-spreading contagious diseases and pests.Upon identificationand/or confirmation of such infection or infestation by a certified arborist,the shall give notice to the property owner to remove the af?icted tree. Such tree removal shall beexemptfrom the permit application requirements,as set forth 1n 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 con?icts with rights—of—way,utilities,stormwater facilities,septic fields and environmentally sensitive areas.The value to be paid into the tree Created:'99 (Supp.No._) :a—:I»-[EST]2e25-g; Agenda Item #5.B. 11 Feb 2026 Page 79 of 91 and—aéeptedto be not less than the Cit of Jacksonville’8 annual tree miti ation rate and be reviewed eiPy—eenWssienraHd—pa-y-ment-SESC.Pa ments DIVISION 5.AREAS OF SPECIAL CONCERN fund shall be established by the 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 .‘ ‘ .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. WCH Commission. (Supp.No.) Created:2625—89 I ''[EST] Sec.23-40.Applicability. There exist within the 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 may by resolution designate historic corridors or individual heritage trees.In doing so,the '.shall specifically identify those streets,or portions thereof,or trees,whichshallbeso designated. Trees,tree groups,or landscape groupssodesignatedmaybemarked by signs or markers of a type to be determined by the;..,‘ _._Said signs or markers shall contain the words "Heritage Tree"or "HistoricPreservecorridor"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. historic colonnade of palms in the .:_':"right—of—wayon the east and west sides of both Ocean Boulevard and East Coast Drive from Atlantic Boulevard to Tenth Street. Public -£3 1}58%;31 :29 .12 5-150 eity—eemmissie?Cit Commission eit+eemm+ssienCi1Commission eity15Ciy Agenda Item #5.B. 11 Feb 2026 Page 80 of 91 () W V V J eneyCity eityisCity s 2 Public colonnade of alms in the Cit ri ht—of—waon 7thStreet between Ocean Boulevard and East Coast Drive. from emeFt—iens— thereefrherita6sites Commission Remeval—is—neeessaw—fmsecialcircumstances to allow a roved te-and74 ref {5}s 'I'_I.,I‘I .I; .This exce tion does not include mere]3 referred buildin desi n. H ¥I .I _.|'I'I,I ..E l-l3l (Supp.No.) Created:2625-2,"69 [EST] “in,‘ ("J (b)Criteria.In considering whether a tree shall be designated as a heritage tree,the 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 g or a neighborhood's character. In considering whether roadways or portions thereof shall be designated as historic corridors,or when a private propertyowner desires to protect a 1 colonnade on private property,the .,1 may consider the following criteria: (C) (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. Documentation.The administrator shall maintain a record of all historic corridor and heritage tree designations and their location shall be re?ected on , ‘maps as such. (d)Mitigation.Mitigation required for the removal of designated heritage trees and trees within (6) 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. Effectof historic corridor designation.Trees,colonnades,and landscape areas roadways,' ,which have been designated as historic corridors .. 'shall not be damaged,mutilated or removed from public or private property by any personorentity,public or private,without prior approval of the ,except in the event of an emergency Removal shall be permitted 1n thefollowingconditions: (1)When safety of the general public or adjacent residents or property is threatened by such historic trees;or (2)ingress or egress from the property such as "handicap accessibility 5-150 Eve effort should be made to reserve a tree that meets the definition of a Herita 6 Tree. eity— eit—y—eemmissienCitCommission tree Agenda Item #5.B. 11 Feb 2026 Page 81 of 91 (Ord.No.95—21-119,§2(EXh.A),7—12-21) Secs.23-42—23-45.Reserved. DIVISION 6.VIOLATIONS,ENFORCEMENTAND 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) (2) (3) 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. Compliance with approved permit.It shall be a violation of this chapter for any person who has obtained a permit from the ' ,y 'pursuant to the requirements of this chapter to fail to comply with the requirements of the approved permit and any conditions attached thereto. Compliance with general conditions ofpermit.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 1’'or in accordance with a permit issued by the " .i :' ‘ 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) (Supp.No. Created:2625—;[EST] ) 83-25 2%1}$3'=31:29:12 5- Agenda Item #5.B. 11 Feb 2026 Page 82 of 91 Wat Mana er 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 j seven (7)calendar days after the receipt of notice,or such 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 or designee of the ',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 afternotice ofviolation 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:2625- (Supp.No..) 63-25 Ilia??aiailg‘lZ 5- [EST] Mana er Agenda Item #5.B. 11 Feb 2026 Page 83 of 91 (Supp.No.I) Created:2625-’~.[EST] Sec.23-49.Requirement for emergency or immediate corrective action. Where it is determined by the .:that failure to maintain storrnwater 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 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 :",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. 0.Any person(s)who knowingly commits,takes part,or assists in such Violation. B?25 -234—1703241~:“3.12 5&50 Agenda Item #5.B. 11 Feb 2026 Page 84 of 91 prior mete—n 510 available hotos (b)Building permits.No building permit shall be issued for a site while any violation of this chapter exists on the subject site. (0)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. ((1)Sanctions forfailureto obtain a permit. (1)Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit,the fee for which shall be two (2)times the normal established application fee specified in section 23-26.In addition,as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2)Regulated trees removed in violation of this chapter shall be assessed at two (2)times the normal established rate of mitigation specified in section 23-33. (3)If a lot,parcel,site or portion thereof,has been cleared such that the administrator is unable to determine with reasonable certainty the number and size of regulated trees and/or regulated vegetation removed in violation of this chapter,analysis of ..aerial photography .. "or other ,methodology shall be used to make a determination as to the loss of canopy and/0r land cover for the purpose of assessing mitigation.A civil fine of .dollars ($.00)per square foot of canopy or land cover lost ~.,-’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 : ' .1 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) (Supp.No.) Created:2825-‘1 995.:[EST] DIVISION 7.ENVIRONNIENTALSTEWARDSHIP COMNIITTEE 63-25 ~£3 1158-}.3312942 shaumay Agenda Item #5.B. 11 Feb 2026 Page 85 of 91 see- ei-t- WMWWEnvimnmental eit-ylsCiy Wat Commission Stewardshi Committee environmentai—stewa-Fdship-eemn?t-teeEnvironmenmlStewardshi Committee eemmissienCit Commission Commission eemmitiéeeiscommiltee’s eemmissienCit Commission eit—y—manage?CitMana er.eit-y—eem??ssienCity ''Commission eemmitteelsconlmittee’s.w‘. .u, Sec.23-55 Purpose. The maritime forest in Atlantic Beach is core to the 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 J 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 ;::“.The Atlantic Ocean,the St.Johns River and the Intracoastal Waterway have a great deal of in?uence on the micro climate,drainage issues and the diverse vegetation and wildlife that thrive within the ,‘.'.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. ()It shall be the purpose of the To study and make recommendations to the and 1 staff with respect to the Maritime forest; Parks,preserves and open spaces; Beautification of public and private spaces;and Environmental stewardship. 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. Scope ofactivities.The .shall provide guidance,support,and suggest priorities and projects to the _. .,_..and..._The . will have an annual joint .j .:,'.and ESC workshop to discuss the _‘“priorities,suggested projects,and annual workplan.The will prioritize the work plan related to these recommendations: (1)Maritime forest a.Clarifying and strengthening the processes and all tree and landscape related codes and ordinances; u LLLL Lkhg‘v Created:2025—69-23 11:93:32 [EST] (Supp.No.51) eit— 2b Agenda Item #5.B. 11 Feb 2026 Page 86 of 91 sit-visiysMonitoringtheappropriateadministrationandenforcementofthe ordinances; Promoting transparency through online access to relevant information; Developing and maintaining environmental education and outreach programs about the maritime forest and relevant codes; Promoting appropriate planting and care of trees on private property to owners,developers,builders,and tree/landscape service contractors; 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; Promoting tree canopy advocacy including upholding the status as a bona fide "Tree City USA;" Developing a process for systematic,review of the enforcement of the existing tree codes,including the long-term health of trees planted for mitigation;and Developing and maintaining a process for citizens to communicate possible violations to the (2)Parks and open spaces a.Developing and maintaining a long-range plan to protect,improve and beautify parks,preserves and open spaces; Improving access to and amenities for parks including disability accommodations,bike paths,parking,signage and other user friendly features; Expanding the inventory of parks and conservation land through acquisition or other means;and 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, buildings,beach accesses and other publicly held properties with art, carefully maintained landscape design and plantings; Incentivizing and advocating for beautification of private and commercial spaces; Reducing the number and appearance of degraded or blighted public properties;and Created:2625-69—23 11:93:32 [EST] (Supp.No.51) eit—ylsc'y eitylsCi ys eity15City Agenda Item #5.B. 11 Feb 2026 Page 87 of 91 eit- ylSCity s eityisCity s 'City City ELM—eit-y—manageFCitMana er .141] (1.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 ?ooding conditions; c.Communicating the dynamics of tidal drainage and ?oodplain with the goal of preserving the .'?ood management system; (1.Reviewing the 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. Staff will be assigned by the or designee to provide technical and administrative support.Staff will assist the "by preparing agendas,proper notice and minutes of meetings,and other administrative and technical services,as needed.The minutes will be filed with the _:‘office. Staff will be responsible for the collection and expenditure of any funds in accordance with purchasing guidelines. 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 ‘"i,Section 5(a),Florida Constitution. (b)Terms. ‘ All members shall serve three-year terms.Members shall not serve more than three (3)consecutive three—yearterms 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 ::Any vacancy during the unexpired term of an appointed member shall be filled for the remainder of the term.Should the length of Created:2825-69-23 11:63:32 [EST] (Supp.No.51) eit—y—eler—kCiiClerk Clerks ,-_¢ eemmit- Agenda Item #5.B. 11 Feb 2026 Page 88 of 91 (I .S‘ eemmideteeCommitt eee?yCity resilience Gal—manage?eit-y-eleFkCitMana er Cit Clerk tel—Gamma»—e Ca acit and com osition re uirements.The evaluation and recommendations of otential members to the Commission will be based on a defined candidate criteria matrix includin how well the res ective candidate demonstrates the skills ex erience ex ertise and educational back round documented in the Com osition section below. #313.- eemmitteeCOmmitte WOrpani/Hation e?ksersOFficers 1]I (—1-)—eemncwbteeCommittee ert-y—eem?mien-ehamberc1t Commission Chamber 122(-29——eit+manage¥Cit Maria er heapsr'hour .n‘ the unexpired term be less than one (1)year,then such appointment shall not count towards the maximum number of consecutive terms. (0)Appointments.Committee members shall be recommended by the board member review committee and shall be approved by the commission. ((1)Geographical requirements.There shall be at least one (1)member representing each district on the .Each committee member must be a full time resident of the * .or own real property in the ‘'..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 - '_.:,and chair in writing upon no longer meeting the membership qualifications. To the extent possible,committee members should demonstrate at least one (1)of the following skills,experience,expertise,educational background or interests: Knowledge of best practices in environmental management and sustainability; Land development and building construction; Urban planning and design; Arboriculture and horticulture; Landscape architecture; Environmental policy; Environmental law; Community engagement;and Educational programming. (t)Procedures and rules;,of __.The shall schedule no more than two (2)monthly meetings in the or other public venue. ,Special meetings may be called by the or designee,with at least a forty—eight(48)‘notice. (3)7Allmeetings of the shall be properly noticed and open to the public. Created:2825-69-23 11:63:32 [EST] (Supp.No.51) Agenda Item #5.B. 11 Feb 2026 Page 89 of 91 eemmunit—yiscommunit’s eitylsCity's eemmit—teerCOmmittee. eemmit- eemmkteeC0mmittee tree—sebeemmit-teeTreeSubcommittee emiFeHmthaLstewaFdshi-p-eemmit-teeEnVironmentalStewardshi Committee eit—y—eemmisaieHCitCommission #ee—subeemmitteeTreeSubcommittee eit—y—eemmissanitCommission Mana er. 7 without a roval of the Cit stewapdship-eemmMeeTESC. WWeamdship-eemm?eerESC. WWWBSC (4) (5) (6) (7) (8) The . 'and each member shall comply with the Florida Government 1n theSunshineLaw,Florida Code of Ethics for Public Officers and Employees,Florida Public Records Law,and related provisions of the Code of Ordinances and applicable resolutions,as may be amended from time to time. The -shall elect a chair and vice-chair at the regularly- scheduled meeting in January each year. 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 ,.'“:'Charter,Code,or other ordinances,shall be the rules of this . 1 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 ."tree canopy. The committee shall not create subcommittees (g)Removal ofmembers.Any member on the committee may be removed for cause by the 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 the and filled by the , (h)Establishment of membership,terms. (1)There is hereby established a 1:2 of the (Supp.No.51) ,referred to in this subsection as the subcommittee.The subcommittee shall systematically review tree permits submitted to the ,1 for completeness and to determine compliance with the provisions of this chapter23as more particularly descri bedinthissubsectionThesubcommitteeshallproducea''’ e .report on tree permitting process.The subcommittee shall consist ofthree (3) membersandone (1)alternate member.The alternate shall serve in the case of the absenceofany of the three(3)members.The members of the . ’may volunteer to serve on the subcommittee and shallbeappointedtothesubcommitteebythe""'‘-''“ , 5 All, of the members of thesubcommittee shall bemembers ofthe The .'g . 'shall appoint or remove the members ofthe subcommitteebyasimple majority vote.Filling vacancies shall take place at the next regular scheduled meeting of the after a seat on the subcommittee has Created:2625-99-23 11:63:32 [EST] eit-y—eler—kCitClerk Wsemi-annual Agenda Item #5.B. 11 Feb 2026 Page 90 of 91 WenmentaLstewaFdsth-eemmitteeESC treesubeemmitteeTree Subcommittee. enWrenmentaJ—stewadshi-p—eemmi?eeESC tree-subeemmitteeTree Subcommittee WCommittee eityCity eit- _eit-yTCit. eit-y—eemmissienCitCommission eemmitteeEnvironmental Stewardshi Committee ei-t-y—eleHésCit Clerk's become vacated.Members of the subcommittee may serve for as long as they serve on the (2)Organization of a.The shall establish a regular meeting schedule of the b.The administrator or designee shall attend all meetings of the subcommittee. A -. ’staff member designated by the 5 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 ,,.., ,office. c.The subcommittee shall utilize the rules of the .Robert‘s Rules of Order shall be followed to conduct meetings.All meetings shall be open to the public.The subcommittee shall keep minutes of the proceedings,recording the vote of each member upon each question or if absent or failing to vote,indicating such facts.It shall keep records of its examinations and other official actions,all of which shall be promptly filed with the '''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 The shall consider the recommendations proposed by the ,.,but nothing in this section or otherwise shall be construed as authorizing or empowering the to impose any liability of any nature,financial or otherwise,upon the ,without approval. Created:2825-69-23 11:03:32 [EST] (Supp.No.51) eivty—manageFCitMana er eity—eleHésCit Clerk's eemmitteeESC Agenda Item #5.B. 11 Feb 2026 Page 91 of 91