HomeMy WebLinkAboutOrdinance No. 95-26-128ORDINANCE NO. 95-26-128
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY,
FLORIDA, AMENDING CHAPTER 23, PROTECTION OF TREES AND NATIVE
VEGETATION, OF THE CODE OF ORDINANCES; AMENDING ARTICLE II,
LANGUAGE AND DEFINITIONS, SECTION 23-8, DEFINITIONS, TO ADD A
DEFINITION FOR LANDMARK TREE; AMENDING ARTICLE IV, DIVISION 5,
AREAS OF SPECIAL CONCERN, TO CREATE SECTION 23-42, LANDMARK
TREES, ESTABLISHING REGULATIONS, PRESERVATION STANDARDS,
REMOVAL CRITERIA, RELOCATION REQUIREMENTS, AND MITIGATION
REQUIREMENTS FOR LANDMARK TREES; PROVIDING FOR FINDINGS OF
FACT, CODIFICATION, APPLICABILITY, CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission conducted a Town Hall meeting on May 2, 2026, during which
the preservation of the City's mature live oak tree canopy was identified as a community priority; and
WHEREAS, the City Commission directed City staff to develop an expedited approach to
strengthen protections for the City's most significant and mature designated maritime species trees; and
WHEREAS, mature designated maritime species trees are among the City's most valuable natural
resources and contribute substantially to the environmental, aesthetic, historic, and cultural character of the
community; and
WHEREAS, mature maritime species trees provide significant public benefits, including
stormwater interception, carbon sequestration, air quality improvement, urban heat island mitigation,
wildlife habitat, and energy conservation; and
WHEREAS, mature maritime species trees enhance neighborhood character, increase property
values, improve quality of life for residents, and contribute to the City's long-term environmental resilience;
and
WHEREAS, according to information published by the International Society of Arboriculture, trees
of substantial trunk diameter may be many decades old, representing natural assets that cannot be readily
replaced within a human lifetime; and
WHEREAS, the loss of mature canopy requires many decades to restore and may result in the
permanent loss of environmental and community benefits; and
WHEREAS, the City Commission finds that certain exceptionally large and mature trees warrant
special recognition and enhanced protection due to their age, size, ecological value, and contribution to the
City's urban forest; and
WHEREAS, the City Commission desires to establish a classification for such trees as "Landmark
Trees" and to designate those trees as regulated trees throughout the City; and
WHEREAS, the City Commission finds that the removal of Landmark Trees should be strongly
discouraged and permitted only when demonstrated to be unavoidable or necessary under standards
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Ordinance No. 95-26-128
established by this ordinance; and
WHEREAS, the City Commission further finds that relocation of Landmark Trees, when determined
to be feasible by qualified professionals, should be considered prior to approving removal in order to
preserve these significant community resources; and
WHEREAS, enhanced mitigation requirements are necessary to account for the extraordinary value
of Landmark Trees and to discourage unauthorized removal; and
WHEREAS, the City Commission finds that requiring review by the Community Development
Board and final approval by the City Commission for the removal of Landmark Trees promotes
transparency, accountability, and protection of the public interest.
NOW, THEREFORE, BE ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Code of Ordinances Amended to add a new definition to Section 23-8 and a new
section 23-42. Amend Section 23-8 to add a new definition of a landmark tree and New Section 23-42
- Landmark trees is hereby added to the Code of Ordinances to the City of Atlantic Beach, Florida as follows:
Section 23-8 defmitions
Landmark trees are designated maritime species at least 20 inches of diameter at breast height (DBH) or
greater.
Section 23-42
Landmark Trees
Landmark trees, as defined in Section 23-8, are considered regulated trees in all areas of the city, and their
removal is strongly discouraged. Notwithstanding any state regulations to the contrary, a tree removal permit
is required to remove any landmark tree. Prior to approving any removal, the City reserves the right to require
the relocation of the tree(s) at the applicant's sole expense. Approval for removal must be granted by the
Community Development Board with appeals to Commission. If mitigation is authorized by the Community
Development Board, the mitigation rate is doubled for landmark trees in the required setbacks. If a landmark
tree is removed without a permit, the mitigation rate for that tree shall be doubled. Planting mitigation credits
are only available for planting replacement designated maritime species with a minimum 4 -inch caliper,
subject to prior City staff approval of a landscape plan.
Removal may be approved by the Community Development Board upon demonstration by the applicant
that the development or construction activity cannot occur in any other location on the site, or that removal
is unavoidable due to site conditions and/or design considerations beyond the control of the applicant.
SECTION 2. Incorporation, Codification. Scrivener's Errors, Conflict and Severabilit'L.
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Ordinance No. 95-26-128
(a) It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the City of Atlantic Beach, Florida, and that
the sections of this ordinance may be renumbered or relettered and that the word "ordinance" may be
changed to "section," "article," or other appropriate word.
(b) The publisher of the City of Atlantic Beach's Code of Ordinances, the Municipal Code Corporation
(www.municode.com) is hereby directed to incorporate the revised and amended Code provisions provided
herein into the City's Code of Ordinances. Sections of Chapter 5 may be renumbered or re -lettered and
scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical errors in
Chapter 5 which do not affect the intent may be authorized by the City Manager and City Attorney without
the need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk.
(c) All Ordinances, Resolutions, Code of Ordinances or parts of thereof in conflict herewith are hereby
repealed to the extent of such conflict.
(d) If any word, phrase, clause, subsection, or section of this Ordinance is for any reason held
unconstitutional or invalid by a court of competent jurisdiction, the invalidity thereof shall not affect the
validity of any remaining portions of the Ordinance.
SECTION 3. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 22°a day of June 2026.
PASSED by the City Commission on second and final reading this igt6 day of \fit, / / , 2026.
CITY OF ALANTI
Curtis Ford, Mayor
Attest:
,V4,114,74,
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason Gabriel, City Attorney
Ordinance No. 95-26-128
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