HomeMy WebLinkAboutRedlined Draft- Chapter 23 (Protection of Trees and the Natural Environment)PART II - CODE OF ORDINANCES
Chapter 23 PROTECTION OF TREES AND THE NATURAL ENVIRONMENT
Chapter 23 PROTECTION OF TREES AND THE NATURAL ENVIRONMENT'
ARTICLE I. IN GENERAL
Sec. 23-1. Purpose and intent.
'a) 'Purpose. The PFOViSiORS This chapter enhances aFe established f^~ the puFpese of enhancing,
conservesing, restoresing, protects,ingand preservesingthe natural environment, includinn speGifically
re1,�dttrees canopy, StFatified understory and native eea4 ' �vegetation, and native coastal
dune vegetation. that ide eeesystem geed and services and G^ "^~„f'*s f„r shade of eFitical aFeas,
carbon,stabilize seals, seqUeSteF knpFeve affiF quality, Feduee FUReff and enhance prepeFty values. Priority
shall be given to the protectingen and preservingation e# existing resources.
The tangible benefits of healthy trees in the community include:
• Increase property values
• Reduce flooding and stormwater runoff
• Improve air quality and reduce noise pollution
• Buffer wind and reduce storm impacts
• Provide shade and cooling
• Enhance aesthetics walkability and wildlife habitat
Th FnaF'*'Fne f * encompasses -.11 of the —es ..d*h:., *The eCity's i.- -,..:..*.,,,.--,1 and uniquely valuable-
paFt „f the e:*., The maritime forest encompasses all trees within the City and is an integral and uniquely valuable
part of the City. It is creates beauty, ~ ides a home f,.r ...:1.-Irfe, funetions as-� a critical element of the water
management system, and^^veto enhances 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.
'Editor's note(s)—Section 2(Exh. A) of Ord. No. 95-21-119, adopted July 12, 2021, repealed Ch. 23 in its entirety
and enacted a new ch. 23 to read as herein set out. Former ch. 23, §§ 23-1-23-4, 23-8, 23-11-23-14, 23-
21-23-26, 23-30-23-37, 23-40, 23-41, 23-46-23-52, pertained to protection of trees and native
vegetation, and derived from Ord. No. 95-09-98, § 2(Exh. A), adopted Jan 12, 2009; Ord. No. 95-10-101, §
2(Exh. A), adopted Feb. 22, 2010; Ord. No. 95-15-109, § 1, adopted May 11, 2015; Ord. No. 5-17-64, § 1,
adopted July 24, 2017; Ord. No. 5-18-67, §§ 1-3, adopted Jan. 14, 2019; and Ord. No. 5-19-68, § 3, adopted
Feb. 11, 2019.
Cross reference(s)—Streets, sidewalks and other public places, Ch. 19.
Atlantic Beach, Florida, Code of Ordinances
(Supp. No. 52)
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(2) To promote and sustain community values by providing for an aesthetically pleasing environment
where a healthy maritime forest is maintained and regenerated.
(3) To protect natural systems and avoid impairment of their natural functions including the provision of
shade and cooling on lots and development paFeels sidewalks, and streets_ and otheF Public plaGes
(4) To provide protection for environmentally sensitive areas.
(5) To ensure protection of healthy trees, recognizing that regulated trees that are lost reduce the climate
gelated resilience and overall economic value of the community, and provide for replacement and/or
relocation of trees which are permitted to be removed, asrid in this chapter. set forth heFe;.,
(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 c -Chapter 24, Land Development Regulations, of this Code of Ordinances, and in the case of any
conflict between the two (2) chapters, the provisions establishing the higher standard shall prevail.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-4. Amendments to this chapter.
The ecity pCommission 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 Il. LANGUAGE AND DEFINITIONS
Sec. 23-8. Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth within this section]
a-nd wVvhere interpretation is required, `"a" be iRteF ' eted se as to Bove these terms all be given their common
meaning. . Where applicable and appropriate, to the contextdefinitions
as Set fOFth ,.,,+h;.-, in c -Chapter 24, Land Development Regulations, the of this Code of ^r,Joinanrees Florida State
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Building Codecs or witWn Florida Statutes, as thesemaybe amended, shall be used OR with these terms
and the requirements of this chapter.
Administrator sha44 means the representative of the sCity as designated by the sCity Manager to oversee
administration of this chapter.
Adversely affected person s144 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 maybe 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- hef-GR Unnermitted-Tree-Removal permit 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 sha44 mean a request for the rehearing or review of a decision made pursuant to any provision of this
chapter.
Applicant s4A mean the person(s) subject to or seeking a tree or vegetation removal permit as required by
the provisions of this chapter.
Approval 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 eCity, 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. A tree permit notice sin posted on the property indicates a tree
permit has been approved by the administrator and removal can begin.
Arborist sh means any person who is cCertified by the International Society of Arboriculture (ISA) as an
arborist and a member in good standing of the ISA.
Arborist report or lettersha44 mean a report that is signed by air certifi arborist, as defined above, and that
at a minimum clearly states the arborist's name, contact information, and qualifications, and identifies the site
address and each individual tree.. in question at the site along with any specific and sufficiently detailed evaluation
to permit confirmation of the assessment. The arborist report must meet current ISA evaluation criteria standar'
to be deemed a sufficient arborist report or letter.
Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the c -City in sSection 23-
38-54434. 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 ection 23-33(f)(1)f.
Buildable area s4a44 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 ity, such as building setback areas, shoreline protection buffers, coastal
construction setback areas, wetlands and other similar areas required pursuant to the applicable provisions of this
chapter and the land development regulations.
Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above the existing grade
or proposed grade for trees four (4) inches in trunk diameter or smaller, and twelve (12) inches above the existing
grade or proposed planted grade for trees larger than four (4) inches in trunk diameter. Caliper measurement is
used in reference to nursery stock for new plantings. For trees with multiple trunks, the sum of the caliper
measurements of up to the four (4) largest trunks shall be used.
Canopy s4}a44 mean the horizontal extension of a tree's branches in all directions from its trunk.
City sba44 means the City of Atlantic Beach.
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C4eGr trunk shall FneaR the height of a palm tFee rneaSUFed 40M the gFE)URd te the peiRt wheFe the lew
green fFend is attached te the tFURk.
Coastal dune vegetation sfia4 means the naturally -occurring, salt -tolerant native species of grasses, shrubs,
vines and trees that stabilize the dunes by holding existing sand and that serve to repair the dunes of damage
inflicted by either natural phenomena or human impact by trapping wind-blown sand.
Critical Root Zone CRZ means the most vital roots that trees need for survival and that tend to exist in the
top 6-18 inches of soil in Atlantic Beach and which cannot be compacted, cut, or damaged.
Crown mean all portions of a tree, excluding the trunk and roots; specifically, the branches, leaves,
flowers, and fruit that grow above ground.
Desig,eted mMaritime species mean those species that are among the most valuable and desirable species
in the eCity and shall include the following species:
(1) American Sycamore.(Platanus occidentalis).
L21WBald Cypress (Taxodium distichum).
L3 94Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar).
JIJW Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm).
(4) Live Oak (Quercus VffiFgiR'ana).
(5) Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory).
(6) Loblolly bay (Gordania lasianthus).
(7) Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay Magnolia)
(8) Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple)
C91 s - Quercus virginiana (Live Oak). Quer
Chestnut Oak)
10 �% Tupelo (Nyssa sylvatica)
11 (19} Pine =(k�) (Pinus taeda}Lobloll
Serotina (Pond) (Pinus SeFotina
12) Sweetpum (Liguidambar stvraciflua
ak),.Quercus michauxii (Swamp
palustris. (Long -leaf) , Pinus
Developed area s#ali mean that portion of a site upon which any building, structure, pavement, or
stormwater facility is placed.
Developed lot 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 ection
24-17 of this Code of Ordinances.
Diameter at breast height (DBH) 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
(Supp. No. 52)
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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 shaft means a tree with any fungal, bacterial, or viral infection that maywA result in the near
term death of the tree or has progressed to the point that treatment will not prevent the death of the tree, as
determined by the administrator, fGFesteF, or certified arborist.
Dripline &half 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 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:
(1) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of
Environmental Protection (FDEP), the U.S. Army Corps of Engineers, or the St. Johns River Water
Management District (SJRWMD);
(2) Estuaries or estuarine systems;
(3) Outstanding Florida Waters as designated by the State of Florida and natural water bodies;
(4) Areas designated pursuant to the Federal Coastal Barrier Resource Act (PL97-348), and those beach
and dune areas seaward of the coastal construction control line;
(5) Areas designated as conservation on the future land use map;
(6) Essential habitat to listed species as determined by approved methodologies of the Florida Fish and
Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the U.S. Fish
and Wildlife Service, and the FDEP.
Equivalent value shaft mean a monetary amount reflecting the cost of vegetation to be replaced.
Excavation shaif mean the act of digging, cutting or scooping soil or in any way changing the existing grade
of the land. See "Grading" also.
&c-essive pr-uning shall FAean the substantial alteFatffiOR Of a tFee Such that theFe iS iffeversible Femeval
and/9F damage ef Fnere than twenty five (25) peFeent Of the RatuFal Shape OF feFm Of a tFee.
natural g phiG FaRge utsi,de Of F'eFida
Ner4dG licensed lan&eepe GFehitect shall mean a person whe helds a license to ffaetiee !andSG@pe
ehiteeture in the State of Fl.,ri.da
Grading shafi 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
(Supp. No. 52)
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Grubbing means the effective removal of understory vegetation from a site which does not include the
removal of any trees with DBH greater than three (3) inches.
Hardwood shad mean an angiosperm, a flowering tree or a broad-leaved tree, as distinguished from a
gymnosperm or cone -bearing tree.
Hazard or hazardous &haU means a danger or risk of bodily injury or property damage.
Heritage tree &ha4 means any aha maritime species that is thirty (30) inches DBH or greater and
declared by the c -City eCommission to be of unique or intrinsic value due to its age, size, species, and/or cultural,
ecological or historical significance or some other contribution to the eCity's or a neighborhood's character and
which is in good condition, as determined by an arborist; also, any tree designated as a Florida State Champion,
United States Champion, or World Champion by the American Forestry Association which has been designated to
be a heritage tree by the c -City sCommission. uesixnavon or a tree as a heritage tree aoes not prevent its removal.
Heritage trees may be located within parks or other public property. On private property, heritage trees must be
voluntarily nominated by the property owner. The eCity administrator shall keep a record of all #Heritage trees so
designated and their location )n the City's website.
Historic corridor means a tree lined roadway or portion thereof that exhibits special historic,
architectural, or cultural value to the citizens of the c -City as declared by the c -City sCommission.
indigeneus shall mean a plant spedes naturally OCCLIFFORg within a specifie habitat OF biageogFaphiGal Fe&a
pFiE)F t6 Sigfl',nc�r+th1_1.RAap-impacts. See "Native" alsem
International Society of Arboriculture (ISA) serves the tree care industry as a membership association and a
credentialing organization that promotes the professional practice of arboriculture. ISA focuses on research,
technology, and education to advance best tree care practices and deliver educational publications, services,
events, and credentials that provide opportunities for tree care professionals to develop their knowledge, skills,
and arboriculture expertise. Current ISA criteria standards are to be followed and outlined in arborist reports and
letters.
Invasive exetis plant s4 A means an exetic plant speeies that has eseaped c ltivati^^ Rats aliZed Rd
established On a natural area allewing it te aggressively expand and FelaFeduee en its own, and subsequently, alter
native plant cernmunities by eut eempeting fer resources such as light, nutFients, wateF and space, killing native
those plants recognized on
the Florida Noxious Weed and Invasive Plants List (F.A.C. 5B-57.007), Florida Invasive Species Council List of
Invasive Plan Species, or listed on the Atlantic Beach Prohibited Species List.- That are not native to our specified
eo ra hic area and can cause environmental or economic hard or harm human health.
Landmark Tree means maritime species at least 20 inches of diameter at breast height {DBH) or _grea
Landscape materials &ha44 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 to hold plant beds but excluding impervious surfaces (pavement).- and brick wai
LegGGY tFee Shall RRP_a.R a tree that is a designated maritime speGies, as defined- in this e_hapteF, and that is ten
(10) iRehes DBH OF gFeateF.-
Maritime forest shall mean the collection of trees, to include its canopy, the understory, and ground cover in
and around the cCity, including park and street trees on public property and trees on private property.
Mitigation &ha4 mean prorated payment for trees removed, either in terms of replacement trees (newly
planted), relocated trees, or preserved trees, or alternatively, deposit of a cash equivalent value in the Tree Trust
Fund. t. conservation fund.
Native s4 A means a plant species occurring naturally_ within the geographic area. city boundaFies prieF to
Eumpean eontact accerding te the best available sdentific and histeFical documentation. More speeifieally, it
(Supp. No. 52)
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ineludes th _d-eFFAEK)d aS iRdlgeROUS, E)GeUF Rg OR RatUFal a-';-'; 9-6-i _Rfl OR 15 In habitats that existed PFWGF to
Naturalized exotic shaf4 means an exotic species that sustains itself outside cultivation.
New construction shaf4 means 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.
+i... -..,f -, . +. ees ,, etatien ulat ,.d by this chapter.
Nu�senee shall FneaR aRY tFee, ShFH19, 19USh, gFass OF gFOURd GGVeF, OF etheF Weedy Vegetation, en public er
usefulRess ef any PHl9liG StFeet, publie utility line OF sidewalk; alse, any tFee, 514FU13, bush, gFass eF gre-Und i
etheF woody vegetation with an iRfectieus disease OF *RSeGt PFGl9leFn.
Non-native means a plant species that was introduced to Florida: either purposefully or accidentally, from a
natural geographic range outside of Florida.
Offsite s#ag means any location outside the boundaries of the project site.
Onsite &W44 means any location within the boundaries of the project site.
Person sh" means 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 s4a14 means 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.
Pruni�e sha," mean the removal of dead, dying, diseased, weak or objectionable branches in order to
increase usefulness, beauty, structural integrity, aad or vigor. of a tree.
Pruning shall be in accordance with standGF4 sGll FneGn the following: American National Standard Institute,
Standard for Tree Care Operations—Tree, Shrub and Other Woody Plant Maintenance—Standard Practices (ANSI
A300, current edition); American National Standard Institute, Safety Standards for Tree Care Operators (ANSI
Z133.1, current edition); National Arborist Association Pruning Standards for Shade Trees (current edition).
Pruning, improper means the substantial alteration of a tree such that it is likely to result in the tree's
decreased structural intewitV, decline, irreversible damage or death.
Regulated tree shall mean any tree as follows:
(1)
(2) Public regulated tree &W# means any tree on public property, except those species listed on the
Atlantic Beach Prohibited Species List IK, palm trees.
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Regulated vegetation sW4 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 s4A 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 far at least Fifteen (IS)
years in a healthy and vigorous growing condition over a wide range of environmental conditions. Locally adapted
or Florida -friendly maritime forest species are ::_ Iy required and invasive species prohibited..
Shrub ,ha4 means a self-supporting woody perennial plant differing from a perennial herb by its persistent
and woody stems and from a tree by its low stature and habit of branching from the base.
Site &Ball 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 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 s14a4 means a public or private thoroughfare, which affords the principal means of access to abutting
property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other means of
ingress or egress, regardless of the term used to describe it.
Tidal FnGr-sh shall meaR a Marsh found along rivers, eeasts, ane estuaries wrilen ;1eecis ana uFains i3y trie-ticial
Frieverrient of the adjaeeRt estuary, sea, eF ocean.
Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk DBH of at least three
(3) inches or more and which normally attains an overall height of at least fifteen (15) feet, usually with one (1)
main stem or trunk and many branches. Trees shall be classified as follows:
(1) Large: Having an average mature height of fifty (50) feet or more.
(2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (50) feet.
(3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty (30) feet.
Tree Trust Fund eensep tier fu*d (tree fund) sl+all mean an account established by the eCity to collect
cash payment as payment in lieu of reuuired mitigation. The Tree
Trust Fund should be used for the purpose of replacing or enhancing the maritime forest. to the city in 1:^„ ^'
,i.ding the r e d Ia REIS,-ape OF tree steGk o a site
Tree protection plan shaft means the plan required pursuant to this chapter, identifying and showing the
location, type, size and health of existing trees, stating the ultimate disposition of the trees, showing the type, size
and location of any trees to be planted and setting forth measures to protect trees before, during and after
construction.
Tree protection zone mean, the area located around the perimeter of the dripline of a tree
Root Zone jCR[., in which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles,
or any other activity that in the opinion of the administrator may damage the tree. For trees with a large CRL UIdL
makes construction v_irtuall� ..npossible, there are alternatives for tenipui arily protecting roots such as thick mulch
padding and steel or wooden plating. A proposed request for these exceptions can be made during the permitting
so At the ,diS ffeti^^ ^F the administrator, the tree ^r^+ +i^^ ,^r^ may determine if the tree protection zone may
(Supp. No. 52)
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be reduced for trees located on smaller lots +a ewer to reasonably protect the tree and facilitate construction on
the development parcel.
Tree removal &W4 means any act that physically removes the tree or its roots from the earth or causes a tree
to die including, but not limited to, spiking, girdling, chemical poisoning, eh^^^f^^ the natWal gFade above or
below the Feet system OF -,. and the tF nk OF improper pruning, changing the natural grade above or below the
root system or around the truck, or damage the root systems by cutting or damaging with the pressure of
equipment, vehicles, or materials. wheFe the Rat, Fal fGFFn of the tFee ,s .,try eha,.ged aR d . ults in tree
death OF de&4p--
Tree or vegetation removal permits#af4 mean the written authorization issued by the ity 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. A tree or vegetation removal permit is approved once a tree removal notice sign is posted on the
property. Note that the permit is not complete until all required mitigation is met for the permit to be finalized.
TFee techniCGI FnGnUG! (TT44) shall Fnean a manual, develeped and maintained by the Gity, pursuant to t
chapter, which contains the standards and speeifiGatiens fer Se-und- pFaGtiGes, techniques and
procedures to be practiced within the city
Understory vegetation shall means 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 s4 A 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 sSection 23-25 of this chapter, and such relief may be subject to
conditions as set forth by the City of Atlantic Beach.
Vegetation shA 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 •4 means a scaled drawing which delineates the location and common and/or
scientific name of vegetation upon a parcel of land, including trees greater than three (3) inches DBH and palms
with an overall height of more than eight (8) feet. If necessary, a survey or other professionally prepared
document, certified as appropriate, may be required as part of the vegetation inventory.
Viable shall mean having the capacity to live and develop.
Weed shall Fnean any undesiFed, uneultivated plant that grows in profusion se a5 to erewd out a desiFed
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Secs. 23-9, 23-10. Reserved.
ARTICLE III. Tvcc re rein VEGG ETA T1nn1 12ca1-11-A PON -9 n nen PERMITS
ENVIRONMENTAL STEWARDSHIP COMMITTEE
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PART II - CODE OF ORDINANCES
Chapter 23 - PROTECTION OF TREES AND THE NATURAL ENVIRONMENT
ARTICLE III. - TREE AND VEGETATION REGULATIONS AND PERMITS
DIVISION 1. IN GENERAL
DIVISION 1. IN GENERAL
Sec. 23-11. UG"Purpose.
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 managements sy tem
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 o ens aces for recreation exercise wildlife habitat relaxation and encounters with the natural world.
This committee intends to support the community to provide a variety of parks aces that are well maims
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 waters stem and tree cano .
(a). It shall be the purpose of the Environmental Stewardship Committee:
1 To study and make independent recommendations to the City Commission and City staff with
respect to the City's:
a. Maritime forest;
b. Parks, preserves and open spaces:
c. Beautification of public and private spaces; and
d. Environmental stewardship.
2 To act as a motivatinp, and coordinating body to encourage ioint public and private
participation in promoting these purposes.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-12. Duties and responsibilities.
a) Scope of activities. The Environmental Stewardship Committee shall provide guidance, support, and
suggest priorities and projects to the City Commission and City Manager. The CitV Commission will have an annual
'oint Commission and ESC workshop to discuss the committee's priorities, suggested projects, and annual
workplan. The City Commission will prioritize the committee's work Ian related to these recommendations:
Atlantic Beach, Florida, Code of Ordinances
(Supp. No. 52)
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(1) Maritime forest:
a. Clarifying and strengthening the City's processes and all tree and landscarae related City codes
and ordinances;
b. Monitoring the appropriate administration and enforcement of the City's ordinances
c. Promoting transparency through online access to relevant information;
d. Developing and maintaining environmental education and outreach programs about the
maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private property to owners, developers,
builders and tree/landscape service contractors;
f. Developing and maintaining a long-term tree plan that includes an assessment of the tree
canopy, projecting future needs, and developing a calendar and budget for tree planting in parks,
public spaces and along streets and rights-of-way
g. Promoting tree canopy advocacy including upholding the City's status as a bona fide "Tree City
USA;"
h. Developing a process for systematics review of the City's enforcement of the existing tree
codes, including the long-term health of trees planted for mitigation; and
L Developing and maintaining a process for citizens to communicate possible violations to the
City
(2) Parks and open spaces:
a. Developine and maintaininie a long-range plan to protect, improve and beautify parks
preserves and open spaces;
b. Improving access to and amenities for parks including disability accommodations, bike paths,
parking, signage and other user friendly features
c. Expanding the City's inventory of parks and conservation land through acquisition or other
mead and
d. Maintaining a web -based, publicly accessible inventory of parks including their history,
archeological value. rules of use, deed restrictions and conservation easements.
31 Beautification of public and private spaces:
a. EnhancinR public spaces, including public rights-of-way. roadsides, City buildings b� each
accesses and other publicly held properties with art, carefully maintained landscape design and
plantings;
b. Incentivizing and advocating for beautification of private and commercialspaces;
c. Reducing the number and appearance of degraded or blighted public properties; and
d. Developing a design theme/community branding for signage, bus shelters, lighting and other
elements of the built environment.
(4) Environmental stewardship:
a. Utilizing best practices, including a science based approach, when making any decision about
development and its impact on our environment
b. Protecting the beach, dunes, marshlands and wetlands as critical defenses in hurricane,
erosion and flooding conditions;
(Supp. No. 52)
Page 11 of 68
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c. Communicating the dynamics of tidal drainage and floodplain with the goal of preserving the
City's flood management system;
d. Reviewing the City's environmental codes and ensuring enforcement of rules including, but not
limited to, dumping, septic tanks and commercial pollution; and
e. Reviewing, updating and maintaining the Marsh Master Plan for adherence to current research
about sea level change and wetlands preservation.
The eity eemmi-q-sia--n -;half have the fallowing autherities and respensibiliti
and m ntainiRg the city's maritime fores+
(3) To amend this ehapteF aS may be needed to accomplish the stated purpose and intent ef this Ghapter.
(4) To hear and decide appeals where it is alleged there is an eFFeF in any BFdeF, FequiremeRt OF deeis
rna d„ by the community development beard in the implerne—ntati.,r, of this ehapter
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-13. City staff administration supports.
a] Staff will be assigned by the Citv Manager or designee to provide technical and administrative su000rt.
Staff will assist the Committee by preparing agendas, proper notices, minutes of meetings, and other
administrative and technical services, as needed. Minutes will be filed with the City Clerks office, and the
City Managers office.
(b) Staff will be responsible for the collection and expenditure of any City funds in accordance with
purchasing guidelines.
(Supp. No. 52)
Page 12 of 68
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(7) TO Feview pFeliMiRaFy development plans, appimeations for certain building peFrnits, ineluding site and
I + f a StFUCtUre is On cerAplianee with the provWens of this hapteF,
(9) Te recommend to the eity commission prejeets Gensistent with the purpose and intent of tWs chapteF,
+h '++ + + + outliningrh., s.crs and h.,.r..,.... s.. s .-h .-. or+c
(9) To recommend to the eity Gemmission amendments censistent with the implementatien of the
purpese and intent of this GhapteF, with a wFitten statement eutlining the need for such ehanges.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-14. Tree r0enserm.ation fund—Membership, terms, appointment, geographic
requirements, composition.
(a) Membership. The committee shall consist of nine (9) members. The maiority of the filled seats of the
rn committee shall constitute a quorum. Regardless of the number of committee members in attendance
it shall take an action of the maiority 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 II _Section 5(a), Florida
Constitution.
b Terms. All members shall serve three-year terms. Members shall not serve more than three 3
consecutive three-year terms on the committee. All terms shall expire on December 31 of the proper
ear,provided, however, that members whose terms expire shall continue to serve until replacement
appointments are effective. Any committee member who wishes to resign should submit a letter of
resignation to the chairman and City Clerk. Any vacancy durinp, the unexpired term of an appointed
member shall be filled for the remainder of the term. Should the length of the unexpired term be less
than one (1) year, then such appointment shall not count towards the maximum number of consecutive
terms.
Ic) Appointments. Committee members shall be recommended by the board member review committee
and shall be approved by the commission.
(d) Geographical requirements. There shall be at least one 11 member representing each City district on the
Committee. Each committee member must be a full time resident of the City or own real property, in the
City. For the purpose of this section, full time residency shall be defined as the person's principal place of
abode. Any member must immediately notify the City Manager, City Clerk and chair in writing upon no
longer meeting the membership qualifications.
(e) Capacity and composition requirements. The evaluation and recommendations of potential members to
the Commission will be based on a defined candidate criteria matrix, including how well the prospective
candidate demonstrates the skills experience, expertise, and educational background documented in
the Composition section below.
(Supp. No. 52)
To the extent possible, committee members should demonstrate at least one 1 of the
following skills, experience, expertise, educational background or interests:
a. Knowledge of best practices in environmental management, resilience, and sustainability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
Page 13 of 68
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f. Environmental policy
g. Environmental law•
h. Community,engagement; and
L Educational programming
(f) Procedures and rules: Organization of Officers.
(1) The Committee shall schedule no more than two (2) monthly meetings in the City Commission
Chamber or other public venue.
(2) Special meetings may, be called by the City Manager or designee, with at least a fort -ei ht 48
hour notice.
3 All meetin s of the Committee shall be properly noticed and open to the pubric.
(4) The Committee and each member shall comply with the Florida Government in the Sunshine
Law, Florida Code of Ethics for Public Officers and Employees, Florida Public Records Law, and
relatedrovisions of the City's Code of Ordinances and applicable resolutions as maybe
amended from time to time.
5 The Committee shall elect a chair and vice -chair at the regularly -scheduled meeting in Januar
each year.
(6] In all cases involving points of parliamentary law, "Robert's Rules of Order" shall be the book of
reference and its rules so far as they are applicable and not in conflict with the -provisions of
the City's Charter, Code, or other City ordinances, shall be the rules of this Committee.
(7) The committee shall establish a tree subcommittee in accordance with subsection (h} below.
The tree subcommittee shall develop and recommend policies, programs, education, and
incentives aimed at preserving, protecting, and enhancing the community's tree canopy..
(8) The committee shall not create subcommittees without approval of the City Manager.
Removal of members. Anv member on the committee may be removed for cause by the City Commission
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 communit
development or his/her designee and without reasonable cause shall have their seat declared vacant b
the committee. The vacancy shall be promptly reported to the City Clerk and filled by the Cit
Commission.
h Establishment of Tree Subcommittee membership, terms.
(Supp. No. 52)
1 There is hereby established a Tree Subcommittee of the Environmental Stewardship
Committee, referred to in this subsection as the subcommittee. The subcommittee shall
systematically review tree permits submitted to the City for completeness and to determine
compliance with the provisions of this chapter 23 as more particularly described in this
subsection. The subcommittee shall produce a semi-annual report on the tree permitting
process. The subcommittee shall consist of three (3) members and one (1) alternate member.
The alternate shall serve in the case of the absence of any of the three 3 members. The
members of the ESC may volunteer to serve on the subcommittee and shall be appointed to the
subcommittee by the ESC. All of the members of the subcommittee shall be members of the
ESC. The ESC shall appoint or remove the members of the subcommittee by a simple ma'orit
vote. Filling vacancies shall take place at the next regular scheduled meeting of the ESC after a
Page 14 of 68
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seat on the subcommittee has become vacated. Members of the subcommittee may serve for
as lonp as they serve on the ESC.
(2) Organization of the Tree Subcommittee.
a. The ESC shall establish a regular meeting schedule of the Tree Subcommittee.
b. b. The administrator or designee shall attend all meetings of the subcommittee. A
City staff member designated by the City Manager shall act as clerk for the
subcommittee. The clerk shall be responsible for the clerical administration of the
subcommittee. The clerk shall also be responsible for the maintenance and
preservation of all records of the subcommittee in coordination with the City Clerk's
office.
c. c. The subcommittee shall utilize the rules of the ESC. Robert's Rules of Order shall
be followed to conduct meetings. All meetings shall be open to the public. The
subcommittee shall keep minutes of the proceedings, recording the vote of each
member upon each question or if absent or failing to vote indicating such facts. It
shall keep records of its examinations and other official actions, all of which shall be
promptly filed with the City Clerk's office and shall become public record. The
subcommittee will operate in compliance with Florida's Government in the Sunshine
Laws.
(Supp. No. 52)
Page 15 of 68
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(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Secs. 23-15--- ^..-___rved- Liability to City.
- City Commission shall consider the recommendations proposed by the Environmental Stewardship
Committee but nothing in this section or otherwise shall be construed as authorizing or em owerin the
Committee to impose any liability of any nature, financial or otherwise, upon the City, without City approval.
ARTICLE IV. TREE AND VEGETATION REGULATIONS AND PERMITS
DIVISION -31. - °�� IN GENERAL
Sec. 23-2416. DwMitc MequiFed by this ehapt4ffSCope.
The provisions of this chapter shall be administered as set forth within this chapter. Administrative
procedures, authorities and responsibilities of the City Commission and the administrator are set forth herein.
Unless speeifleally exempted within fellewing section 23 22, permits aFe FequiFed fOr reME)Val Of FegUl
applicable FIGFida Statutes,
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
DIVISION 2. ADMINISTRATOR
Sec. 23-2417. Exempt nmc from th„ .iMf]Y.,f1At f.,.- a permitCit Commission.
The City Commission shall have the following authorities and responsibilities:
(Supp. No. 52)
(1) To establish fees and fines related to the administrative costs of carrVing out the
requirements of this chapter.
(2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of
growing and maintaining the City's maritime forest.
Page 16 of 68
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(3) To amend this chanter as may be needed to accomplish the stated purpose and intent of this
chapter.
4 To hear and decide appeals where it is alleged there is an error in any order, re uirement or
decision made by the community development board in the implementation of this chapter.
NNOW
.. .... 0.
NOW. ..
W IN
IN willil
(Supp. No. 52)
Page 17 of 68
Created: 2026-08-26 11:16:31 [EST)
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-2-318. PeFMitS PFOG d..YeCAdministrator•
The administrator shall have the following authorities and responsibilities:
(1) To accomplish all administrative actions reuuired by this chapter, including issuance of proper
notices; receipt and review of applications; issuance of tree and vegetation removal permits;
verify required mitigation is met via planting and/or payment; assess tree survivability: receipt
and processing of appeals and any stop work orders.
(2) To recommend to the City Commission projects consistent with the purpose and intent of this
chapter.
(3) To recommend to the City Commission amendments consistent with the implementation of the
purpose and intent of this chapter.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
(1) Exi6ting iets er-pereels. When a tree or vegetatien rerneval permit is required, applications far tree or
r PaFeel.
(Supp. No. 52)
Page 18 of 68
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............. .... . ...... ........ . ... ..
WK
(Supp. No. 52)
Page 19 of 68
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Substantial changes, including signifieant increases in the nu.rnber A -f trees te— be reffleved eF land to be
management systems, OF any E)theF change that eenstitutes a rnajeF medificatien te a sate plan er subdivision, new
phases of development OF other additions, shall not be treated as amendments, but shall require a new peFmit
applaeatien and fee.
b. if the administrator finds that the appreval of the per.m.it ba -sed en
furnished by the applicant fer the permit. Based upen such finding, heweveF, the adFniRiStFatGF
may make reasonably necessary arzrzern.m.eda#ip—ns te the ef a peFFnit iR lieu of Feyeking
Sec. 23-2419. inspections and sate prepwatiAnTree Trust Fund.
a) Establishment of tree trust fund. The Citv Commission herebv recognizes and reaffirms the prior
establishment of the Tree Trust Fund for the purposes of accepting and disbursing monies paid to the City
as part of tree mitigation and any other funds deposited with the City for the purpose of enhancing the
tree canopy. This fund shall be used solely as described in this section.
{b)_Terms of existence. The tree fund shall be self-perpetuating from year to year unless specifically
terminated by the City Commission.
c Tree Fund assets. All funds received shall be placed in trust exclusively for the public use and
environmental benefit of the Citv. Said funds shall accordingly be used and distributed as designated by
the City Commission.
(d) Tree fund administration.
(1) Tree funds shall be used only for the purposes designated by the City Commission in
accordance with the intent of this chapter and its 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 City.
(e) Disbursal of tree fund assets.
(Supp. No. 52)
Page 20 of 68
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(1) Expenditures for projects funded by the tree fund shall be made in accordance with the
established purchasing procedures of the City. The Environmental Stewardship Committee (ESC
shall review and make recommendations on the disbursal of all tree fund assets to the City
Commission for final approval.
2 Priority shall be given to the use of funds for proiects that plant, replace, or protect trees and
vegetation in the City, including both public and private lands. Funds can be used to support the
maintenance of trees. Funds may be used for ancillary tree protection costs provided that such
costs shall not exceed twenty (20) percent of the cost of the particular proiect.
For trees planted on private property funded by the Tree Trust Fund, the tiroperty owner shall be
responsible for maintaining the health of the tree(s).
As a secondary priority, funds maV be used for purchase of landscape materials or equipment
necessary for the preservation, maintenance, relocation and/or restoration of trees and
ecosystems on any public land in the City, or for the funding of community educational programs
which help to enhance, protect, and promote the City's maritime forest. Funds expended under
this paragraph may not exceed twenty (20) percent of the total expenditures from the tree fund
annually.
Ord. No. 95-21-119, § 2(Exh. A), 7-12-21
(Supp. No. 52)
Page 21 of 68
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I
Sec. 23-20. Reserved.
DIVISION 3. PERMITS
Sec. 23-2321. Appeals and ...,riamr-e Permits required by this chapter.
Unless specifically exempted within following sSection 23-23, 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), 7-12-211
(Supp. No. 52)
Page 22 of 68
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(Supp. No. 52)
Page 23 of 68
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Sec. 23-2422. feesPermit procedures.
a) Application re4uired. The applicant for a tree or vegetation removal permit shall submit the established
fee along with the application form as created and provided by the City to the designated administrative
department. The application shall contain all required narrative and graphical information necessary to
determine compliance with this chapter. If the applicant is not the property owner, proper owner's
authorization shall also be required.
(1) Existing lots or parcels. When a tree or vegetation removal permit is required, applications for
tree or vegetation removal shall be made before removal and before any site disturbance or
grading on a lot or parcel.
(2) New or re -platted subdivisions. Applications for tree or vegetation removal that will be part of
a new subdivision plat or a re -plat shall be submitted alonp, 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.
U Ungermitted-Tree-Removal. Any person(s) enQaginp, in the removal of regulated tree(s) or
regulated vegetation before obtaining, a permit will be required to apply for and obtain an
unpermitted-tree-removalpermit, and meet mitigation requirements as assessed.
(b) Sufficiency review of applications.
(Supp. No. 52)
Page 24 of 68
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1 Upon receipt of the application and appropriate fee the administrator shall conduct a
preliminary review within five (5) business days to determine that all required information has
been submitted and is sufficient for review purposes. The applicant shall be notified of any
deficient items. Upon submittal of deficient or missing information the administrator shall again
review the application. If the requested information has not been provided or is insufficient the
applicant shall be notified in writing that no further review will be performed until the requested
information is provided and found to be sufficient.
2 The administrator shall upload all tree permit applications to the City's website and send to
Environmental Stewardship Committee (ESC] within three (3) days of being deemed sufficient in
accordance with this section.
(3) The ESC will receive all approved permit applications and 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 City department(, the ESC or a consultant
during preliminary review. The applicant shall be notified if extended review by other
departments and/or professionals is required.
(4) An application is 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
iustification by the applicant, grant not more than one(1),thirty-day extension. At the expiration
of the extension, the application shall automatically becomes void. In such cases, the application
review fees will not be refunded.
(c) Review by other agencies. At the discretion of the administrator, relative to the environmental
sensitivity of the site appropriate written sign -offs, permits or consents from theagencies listed below
which have jurisdiction may be required before regulated tree or regulated vegetation removal from sites
contiguous to or containing environmentally sensitive areas or lands. The applicant shall obtain the
written approvals,, permits, or consents and submit the agencies' written verification to the City:
(1) Army Corp of Engineers (ACOE);
(2) Saint Johns River Water Management District (SJRWMD);
(3) Florida Department of Environmental Protection_ FDEP
(4) Any other applicable governmental agencies extending jurisdictional controls over the site.
(d) Inspections required. The applicant shall schedule all required inspections in accordance with Section
23-24 following application submittal.
(e) Mitigation calculations. Upon completion of the required inspections, staff shall provide the applicant
with the applicable tree mitigation calculations pursuant to Section 23-33.
(f) Mitigation plan submittal. The applicant shall submit a mitigation plan within thirty (30) calendar days
of receipt of the mitigation calculations. The mitigation plan shall:
(1) Include a site plan identifying the location of all preserved trees, relocated trees, and
proposed new trees;
(2) Indicate the species and caliper size of all relocated and newly planted trees;
(3) If the applicant elects to satisfy mitigation requirements through payment in lieu of on-site
planting, include documentation detailing the number of caliper inches to be mitigated through
payment, as well as any other information deemed necessary by the City_. -
(Supp. No. 52)
Page 25 of 68
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19) Compliance review and approval of applications. Initial review of tree permits is subsequent to the
required state statute review period. A third (3rd) inadequate review will trigger additional review fees
subject to Section 24. When the administrator's application review process and inspections have been
completed and an approved mitigation plan has been submitted the administrator shall distribute the
approved tree permit to the applicant and ESC and upload the draft permit to the City's website.
A Notice of Intent (NOI) will be issued to the applicant and/or property owner to confirm passing of initial
tree permit review. An initial tree inspection that coincides with a barricade inspection is still required for
a tree permit to be approved. A tree permit is officially approved and cutting may begin on the property
once the tree removal permit notice sign has been posted on the property.
(h) Expiration of permits. Work pursuant to the permit shall commence within six (6) months of the date
of issuance, or the permit shall expire. If the tree removal permit is in connection with a development
hermit, 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.
(i) Content of permits. The permit shall be issued in such form as may be prescribed by the administrator
and shall set forth in detail the conditions upon which the permit is granted and specifically identify which
land areas shall be cleared and/or which trees shall be permitted to be removed. One (1) permit may
cover several trees or groups of trees as long as the trees or groups of trees can be clearly identified
thereon: provided, however, no permit may be issued for more than one (1) lot, parcel or area of land
unless such lots, parcels or areas of land shall be contiguous to one another and considered as one (1)
parcel for the purpose of development.
(i) Posting of hermits. The permit shall be posted in a conspicuous and visible place at the front of the
property before any tree removal. The permit sign shall remain posted on the property during all
applicable tree and vegetation removal activity and until final inspection by the City. It is the responsibility
of the applicant and/or property owner to maintain the permit in a clearly visible manner at all times.
M Amendment of permits. Recluests for minor changes to approved plans shall be made as an
amendment to the applicable permit. Additional information submitted with a renuest 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.
(1) Revocation of permits. The administrator may revoke any permit issued pursuant to this chapter,
followinp, notice in writinp, to the permittee and after providing the permittee opportunity to respond to
the notice, in either of the following circumstances:
(1) 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
(2) 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
(Supp. No. 52)
Page 26 of 68
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may make reasonably necessary accommodations to the conditions of a permit in lieu of
revoking it.
Revocation of a permit will also result in a stop work order in accordance with Section 23-45. Tree cuts
during a stop work order are to be assessed a double mitigation.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Secs. 23-23—Exemptions from the requirement for permit.
In addition to the provisions of Section 23-21 the followinp, 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 maV require consultation with or documentation from a certified arborist to verify certain
conditions.
(Supp. No. 52)
(1) Emergency situtation. The removal of trees destroyed or severely dammed during or
immediately following an emergency (i.e., hurricane, tropical storm, tornado flood, or any
other active of nature) shall be granted an exemption when the City determines that normal
Page 27 of 68
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(Supp. No. 52)
permittinp, requirements will hamper private or public work which will compromise public
safety. The City will make an effort to track the locations of emergency tree removals.
Lj Safety hazard. The removal of trees to 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.
(32 Diseased or est -in ested trees. The removal of diseased or est -infested trees shall be
granted an exemption upon inspection and determination by the administrator or a certified
arborist that removal is needed for the purpose of preventing the spread of disease or pests.
When determined by a private arborist, evidence of the problem requiring action must be
documented according to current ISA standards for risk assessment.
(4) Invasive trees. The removal of invasive trees, as currently listed by the Florida Department of
Agriculture and Consumer Services (FDACS, Florida Department of Environmental
Protection FDEP Florida Invasive Species Council FISC or the Atlantic Beach Prohibited
Species List shall be granted an exemption upon inspection and verification by_the
administrator or a certified arborist.
5 Utility operations. The pruning and/or removal of trees or unclerstory vegetation by duly
authorized communication water, sewer, electrical or other utility companies or federal
state, county or Ciyy agencies, or engineers or surveyors working under a contract with such
utility companies or agencies, shall be exempt, provided the removal is limited to those
areas necessary for the maintenance of existing lines or facilities or for the construction of
new lines or facilities in furtherance of providing utility service to its customers and
provided further that the activity is conducted so as to avoid unnecessary removal and, in
the case of aerial electrical utility lines, is not greater than that specified by the National
Electrical Safety Codes as necessary to achieve safe electrical clearances. Notwithstanding
this exemption, any such entity shall provide adequate prior notice to the City before
commencing such work and make every effort to retain as much tree canopy, to avoid
damaging tree roots, and to prune in a way that leaves trees safe and structurally sound.
(6) Surveyorslengineers. The pruning of trees andlor removal or understory vegetation by a
Florida -licensed land surveyor or engineer to provide physical access or view nec�o
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 pruninp,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 re ulated vegetation.
(7.) City crews. The City shall have the right to plant, prune, maintain and remove trees, plants
and shrubs within public rights-of-way, within any utility or drainage easements or within
the illumination areas of street lights, and other public lands as may be necessary, and shall
not be subject to mitigation assessment. All efforts will be made to make that area
aesthetically pleasing, to avoid damaging tree roots, and to leave trees structurally sound.
The City shall not have the responsibility to maintain, prune or remove any damaged, dead
or diseased trees on any private property within the City, unless associated with a City
project and/or policy.
(8) [Exemptions] Applicable exemptions in accordance with Florida Statutes and abiding by
relevant ISA or ANSI protocols as outlined in this Chapter and elsewhere to ensure safety
and appropriate removal.
Page 28 of 68
Created: 2026-08-26 11:16:31 [EST]
PART II - CODE OF ORDINANCES
Chapter 23 - PROTECTION OF TREES AND THE NATURAL ENVIRONMENT
ARTICLE III. - TREE AND VEGETATION REGULATIONS AND PERMITS
Atlantic Beach, Florida, Code of Ordinances
(Supp. No. 52)
DIVISION 4. GENERAL PROVISIONS
Page 29 of 68
Created: 2026-08-26 11:16:31 [EST]
Sec. 23-"24. "A0'."°""u"m t -r- YA/Y...YAW1aptsinspections 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.
{11 Initial inspection. Upon receipt of a completed application, the administrator shall conduct an initial
inspection of the site to verify the information list on the application. A protective barricade inspection
shall coincide with the initial inspection. A required protective barricade inspection shall ensure proper
installation of measures before the initiation of any other development activit . Barricades shall be
installed in accordance with Section 23-32. Official tree permit notice signs shall be placed on the
property at the conclusion of the tree barricade inspection. Tree cutting can only begin after there is a
posting of the tree permit notice signs on the properties.
(2) Final inspection and notice of completion. A final inspection and notice of completion shall occur when
all development activities permitted for the site have been completed. No certificate of occupancy
shall be issued, nor any building or premises occupied, unless and until the administrator has
determined after final inspection that all work, including land clearing, regulated tree or regulated
vegetation removal, tree protection and tree replacement, has been done in accordance with the
approved permit and plan. A tree permit is only finalized when a final zoning inspection has been
completed and all mitigation has been met.
(3) Maintenance inspections. The administrator shall have the authority during the required two 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. Failure to maintain the trees can result in additional mitigation.
(b) Site preparation. Before requesting initial and/or protective barricade inspection, the applicant shall prepare
the site as follows to ensure clear understanding between the property owner, contractor
administrator and other inspectors that may be involved.
(1) The address or legal description of the property shall be displayed in a conspicuous manner.
(2) The property corners shall be marked accordinp,to survey with wooden stakes. Each stake shall be
flanged with surveyor's tape or with bright colored paint.
(3) All trees to be preserved during development activities, including their Critical Root Zones, shall be
arricaded according to Section 23-32.
(4) All trees proposed for removal shall be clearly identified with red or orange surveyor's tape or paint.
(5) All trees proposed for protection as mitigation for removed trees shall be clearly identified with blue
or green surveyor's tape or paint placed at eye level and visible throughout the construction period.
(Supp. No. 52)
Page 30 of 68
Created: 2026-08-26 11:16:31 [EST]
M
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-3425. GeneFal PFGh i hitionsAppeals and variances.
a) Appeals. Appeals of final decisions by the administrator made under the authoritv of this chapter may be made
by the applicant, any member of the ESC Tree Subcommittee, or an adversely affected party in accordance with
the following_ provisions. Any appeal filed pursuant to this section shall stay all work on the premises and all
proceedings in furtherance of the action appealed, unless the appropriate administrative official certifies that a
stay would cause imminent peril to life or property,
(1) Appeals of a final action or decision by the administrator shall be filed in writing with the administrator
within five (5) business days after rendition of the decision or final order being appealed. Upon receipt of a
timely filed appeal, the administrator shall place the matter on the agenda of the next ESC Tree
Subcommittee meeting or request a special meeting within a reasonable period of time with proper public
notice, as well as due notice to interested parties. ESC Tree Subcommittee shall review the application for
compliance with the requirements of Chapter 23 and shall, by majority vote, recommend that the
administrator either approve, approve with conditions, or deny the appeal. ESC Tree Subcommittee shall
focus on the interpretation of Chapter 23 and if the code has been nroperly_applied. If the appellant is a
member of the ESC Tree Subcommittee. that member shall not participate in the decision. The administrator,
(Supp. No. 52)
Page 31 of 68
Created: 2026-08-26 11:16:31 [EST]
upon considering the tree subcommittee recommendation, shall issue or deny the permit within five 45
business days after the ESC Tree Subcommittee meeting
b) Variances. The Community Development Board may grant relief from the strict application of this chapter
when an exceptional situation, beyond the owner's control, causes compliance with this chapter to result in
"exceptional practical difficulties or undue hardship." The Board must find that the variance will not cause
substantial detriment to the public pood and is consistent with the general intent and purpose of this
chapter. The applicant has the burden of proof.
A financial burden resulting from required tree mitigation, including the cost of planting, relocation, or other
mitigation measures, shall not, by itself, constitute exceptional practical difficulties or undue hardship and
shall not be sufficient grounds for granting_a variance. An applicant seeking relief from tree mitigation
requirements or costs must demonstrate circumstances beyond the financial cost of compliance that support
the requested variance.
A variance reouest under this section shall stay all work on the premises and all proceedings related to the
action being appealed, unless the appropriate administrative official certifies that a stay would create
imminent peril to life or property.
1 A request for a variance shall be submitted on an application form as provided by the City and shall
contain each of the following:
a. A legal description of the property for which the variance is requested.
b. A reasonable statement describing the reasons and justification for the variance.
c. A survey or site plan indicating existing, removed, and/or proposed trees; existing and
proposed construction, as well as other significant features existing on the lot.
d. The signature of the owner, or the signature of the owner's authorized agent. Written and
notarized authorization by the owner for the agent to act on behalf of the property owner shall
be provided with the application.
(2) Upon receipt of a complete and proper application, the administrator shall within a reasonable period
of time schedule the application for a public hearin_ before the Community Development Board following
the required public notice as set forth in &Section 24-51. At the public hearing, the applicant may appear
in person and/or may be represented by an authorized agent.
a. Applications for a variance shall be considered on a case-by-case basis and shall be approved
only upon findings of fact that the application is consistent with the definition of a variance and
consistent with the provisions of this section.
b. Variances shall not be granted for the personal comfort or convenience, for relief from
financial circumstances for the mitigation cost of removing multiple trees, for not securing a
permit or otherwise violating City code, or for relief from situations created by the property
owner. Financial burden of tree mitigation cannot be the only justification for granting a
variance.
3 Grounds for approval of a variance. The Community Development Board shall find that one (1) or more
of the following factors exist to support an application for a variance:
a. Existing topographic elevation changes that make it unlikely that preserved or planted
materials will survive.
b. Existing electrical lines or utility easements that prevent or restrict the preservation or planting
of landscape materials.
(Supp. No. 52)
Page 32 of 68
Created: 2026-08-26 11:16:31 [EST]
c. Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
d. Designs and plans that demonstrate,. to the greatest extent feasible, encroachment upon
preservation areas and/or trees has been avoided.
Note: Financial burden, including the cost of required tree mitigation, shall not by itself, constitute
grounds for approval of a variance. An applicant seeking relief from tree mitigation requirements or costs
must demonstrate circumstances beyond the financial burden that support the reguested variance.
In the event the community development board finds that none of the above exist, then the community
development board shall deny the variance.
(4) Approval of a variance. To approve an application for a variance, the Community Development Board
shall find that the request is in accordance with the preceding terms and provisions of this section and
that the granting of the variance will be in harmony with the purpose and intent of this chapter. The
ourpose and intent of this chapter is to not grant a variance simply for financial burden. In granting a
variance, the Community Development Board may prescribe appropriate conditions in conformance with
and to maintain consistency with City Code. Violation of such conditions, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this chapter, and shall be subject to
established code enforcement procedures.
(5) Approval of lesser variances. The Community Development Board shall have the authority to approve
a lesser variance than requested if a lesser variance shall be more appropriately in accord with the terms
and provisions of this section and with the purpose and intent of this chapter. For variances involving tree
mitigation costs, the maximum reduction in the required mitigation cost shall be 50 percent, provided
that financial burden is not the only justification for reduction and the required tree mitigation cost is at
least $80,000.
6 Nearby nonconformity. Nonconforminp, characteristics of nearby lands structures or buildings shall
not be grounds for approval of a variance.
{7) Waiting period for re -submittal. If an application for a variance is denied by the community
development board, no further action on another application for substantially the same request on the
same property shall be accepted for three hundred sixty-five (365) days from the date of denial.
(8) Time period to implement variance. Unless otherwise stipulated by the Community Development
Board, the work to be performed pursuant to a variance shall begin within twelve (12) months from the
date of approval of the variance. The planning and community development director, upon finding of
good cause maV authorize a one-time extension provided that an associated building permit is active.
(9) Appeals of a decision by the Community Development Board related to this chapter may be made to
the City Commission by any adversely affected person(s). any officer, board or department of the Cit
affected by any decision of the community development board made under the authority of this chapter.
Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the final
order, requirement, decision or determination being appealed. The appellant shall present to the City
Commission a petition, duly verified, setting forth that the decision being appealed is in conflict with or in
violation of this chapter, in whole or in part, and specilying the grounds of the conflict or violation. A dul
noticed public hearing, which shall be de novo, will be held by the City Commission at a date and time set
by the City Manager or his/her designee, shall be scheduled within ten (10) business days from the date
the appeal is filed.
(Supp. No. 52)
Page 33 of 68
Created: 2026-08-26 11:16:31 [EST]
had PUFposes shall he allowed +n r aGh their mature GanGpy eo.d
material,whieh is within the city's rightS Of Way OF UPOR any other city pFepeFty Without the PeHniSSieR Of the
city as evidenced by the appFepFiate PeFFRit.
(e) TFee peisening; gird4hig, or -spiking. it shall be uRlawful for any peFSen to subject a tree to aRy daRger
fFeFfl poison or Feactive
from giFdling with WiFe, Gable OF similar FnateFial, eF fFE)FA
spikes that may be iRjUFiGUS OF Gause damage, to a tFee. ExeeptiBRS aFe pFateetive wiFes, braces or
+her .dn ees e.d +n r+ +r
that themonimUM FeqUiFeFnn+S of rete+inn 23 30 aFe not maintained.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23--U26. Tree pFeteaieA dWi...er development ;md e•nmtructienFees.
a Application fees. The City Commission hereby establishes the following fees related to the administrative costs
of carrying out the requirements of this chapter. These fees shall be payable to the City upon submittal of an
application for approval, amendment, or extension of a permit required by this chapter, or for each required re-
inspection, or when a final action or decision by the administrator is appealed. Applications for tree and vegetation
removal related requests shall not be considered as complete applications until such time as required fees have
been paid in full.
(1) Tree and vegetation removal permit application. The tree and ve etation 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. Developed single- or two-familv residential uses (per lot) $150.00
b. New construction or vacant single- or two-family residential uses aper lot) $200.00
c. Multifamily residential uses5250.00
d. Commercial or industrial uses $250.00
e. Institutional and any other uses $250.00.
2 Appeals $500.00
(3) Variances $500.00
(b) Mitigation fee per inch. The City of Atlantic Beach shall establish and maintain tree mitigation fees on a per -inch
basis that are consistent with prevailing tree mitigation rates in the Northeast Florida region. The City shall
periodically review and ad'ust the applicable mitigation rate to ensure that it remains consistent with regional
standards and adequately reflects the cost of tree replacement and mitigation. If the sole intent of the applicant is
to satisfy the mitigation re uirement through payment into the Tree Fund an additional fee of five hundred
dollars ($500) shall be assessed in addition to the applicable total mitigation fee. Notwithstanding such payment,
the minimum required tree planting shall be provided as necessary to satisfy the re uirements of Section 23-30.
(Supp. No. 52)
Page 34 of 68
Created: 2026-08-26 11:16:31 [EST]
(c) Reinspection fees. $55.00
d Research or extensive time Lees.(per hour 50.00
I'll . . . . . . ... . .......
(2) Temporary preteetive baFFieFs shall be ;-;* least three (3) feet high, and- Shall e-e—n-si-st of eitheF a
wood fence with two by few posts plaep-d- a M—awiffli-im of eight (8) feet apaFt with a two by feuF
FAmnomum4Qi3, "� I�a-4:nPsL, feRc eth,-r riro_fl�r 6� die%Mtiilt�i-�#�EEPS$ $ the
.,te6te d aFea, Rless etheFwis appreved by the a dmiRiStFater
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
(Supp. No. 52)
Page 35 of 68
Created: 2026-08-26 11:16:31 [EST]
Secs. 23-27-23-29. Reserved.
DIVISION 4. GENERAL PROVISIONS
Sec. 23-4430. Mitigation to- be assessedMinimum tree requirements.
These minimum tree requirements shall apply to all property within the City. Credit will be given for trees on the
Atlantic Beach Recommended Species List but none will be given for trees on the Atlantic Beach Prohibited
Species List. Section 24-176 of this Code of Ordinances also provides additional landscaping requirements for
nonresidential uses.
(1) Residential uses. For each parcel upon which a single-family, two-family or multifamily dwellinp, unit, or
associated residential accessory unit is proposed, or where the primary activity is residential in nature:
One (1) minimum four -inch caliper shade 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, one 11) of
the shade trees shall be at planted or preserved within the required front yard and corner lots
(2) Commercial uses. For each parcel upon which a commercial structure or associated accessory use is
proposed, or where the primary activity is commercial in nature:
One (1) minimum four -inch caliper shade tree shall be planted and/or preserved for every eight
thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve
areas and water bodies.
(3) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is
proposed, or where the primary activity is industrial in nature:
One 11) minimum four -inch caliper shade tree shall be planted and/or preserved for every ten
thousand (10.000) square feet of parcel area or portion thereof, excluding therefrom preserve
areas and water bodies.
(4) Publicfsemi-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 shade tree shall be planted and/or preserved for every ten
thousand 110,000) square feet of parcel area or portion thereof, excludine therefrom preserve
areas and water bodies.
(Supp. No. 52)
Page 36 of 68
Created: 2026-08-26 11:16:31 [EST]
(b) MitigGtien Gssessment. in geneFal, mitigation shall be assessed aGGeFdiRg to the Faties given in the f9l'04R.g
reqUiFed to her placed ele,--.tea OF pFeseFvea (reGE)Rd .umber):
CLASSIFICATION ATION nP
DROPERTV PROACTf
CATEGORY OF REGULATED ATED TREE
mac��..,,
4&0A
4)94=4
less han
fnI#
i(vAmi-cccrr
\„�,,'� ,, ,,
1 Rehe7
RatIe ;s
eMpFessed
;;r,imr-hpr
es
Enc es
ewed
Ma,,^^at
4eiO4
4A44=4
equal tG
erg)rea
y�,�,�
th4R
(� Amort
DRc--hCG
than
thirty
expFessedd
she
FeFaeve4--.
ineheS
eyed
vnT'v�-Agemetzce-rrcc
heightbFeast
(DBH) E)
+hmT +rcy (30)
inrhe,• er
r�r'�rG��'�rc}.T�vr
gFeate
Ratio 4s
expFessed
remeyedl
e,,,
ire e
is
expFessed
vS �nRr-'rhpi;
rl•
i"„c�rr�ro�v,=ccr
toF'Iti�Y,C,I;
tl'Apd
�iGe
1 S
M).5
44
4:�-5
ne„el„r,ed lett
1.0.5
�
44
New Gqprtr,,r-tiAA 3
11.5
42
I'.3
RUhliG p eOn,
rrT
1.1.5
Enyire.- mentalI., r ri+i.,e
X54
1.4
-1-4
1-3
4:44
WistA r i c GA -Fir i.Jer-5
1-.4
1. z
,14
14
�caci��Sac�'
2 -Developed let shall Fnean aRy paFeel upen whieh any building, structwe, pavement OF AOFmwateF facility exists or is proposed ut %sphich dsps
not fall under the defin'tion of new c()nStFU6tiE)n OF VaCaRt l8t.
aNew constructwen shall meanthe ecinStruction ofa np-A.P.F pFindpal building. FOFthe PUFPBSeS ef this ehapteF, this -efinitie—n does not"Arl-Ap
69AStFU tign PFOpE)sed an varant letq. This rii-fmnA*nn �hall *nclude canstFuctien pFopesed on lots that have an aCtiVe peffnit fOF
demolition of the principal building; lats wheFe the PFORdpal building has heen d-emelis-hed- but no building permit for R
building has lqeeA w ssued� and wheFe trees aFe pFopesed- te -be re.m.eve-H or relocated in ffepaFatian f9F demolition or development of a
�ft.
(Supp. No. 52)
Page 37 of 68
Created: 2026-08-26 11:16:31 [EST]
(Supp. No. 52)
---------------------
• .. ..
. ..
......... . ..... . . .... .....
INMil-
.R-
IINI WO Ow,
,.
Emirs.
Page 38 of 68
Created: 2026-08-26 11:16:31 [EST]
GemmA-n
Nam
Ash, Gr„�n
z Fraxin„s r .,I„�ni��
94
T
Bay, y
ShuFnaFd Red Que. -us shUFnaFdi*
! edaF
Southern Red Inninerus silieirsel„
GypFess
D I.1
Cypprress,-rRer
T-.xoda..m a r.. ens
Elm Amnri.-gin
parr
I )Imus a
Elm ,
asiI4 Ponus eliffie#4
4 OGI(nr..
Mockern„t
T-'Tcrtvr-,
'zcv'T
Maple,
FIGFida AceF baFbatuFn
Maple,
Red
94
I i.
Oak,
ShuFnaFd Red Que. -us shUFnaFdi*
Pope,
Lob” Pffin 'us taeaa
Pane,
Leng4eaf pinus palus
iP--'nn-r"�rP
A RIu PaRus seratmna
rP-n"zc
asiI4 Ponus eliffie#4
(Supp. No. 52)
Page 39 of 68
Created: 2026-08-26 11:16:31 [EST]
rerArn en Name BetaniGal Name
ria@F, Red juniperus
GFape le 1age. rs+reein ...J i.,
Elm Winged
Helly, n m a liA�
Holly,, -Daher I
lex Gassone
Helly,EastCr+ Palatka Ile.. attenuata
Holly, YaupeA llem vemksr4a
n -.I, nn..r+1.,
Oak, Sand Live QLieFGUS geR+4ata
Privet,
Privet, to
Redbud GerGes canadeinsis
Wax ne..r+le nn..r'ca rife
-v-v-ar�vr9rcTc
Created: 2026-08-26 11:16:31 [EST]
(Supp. No. 52)
Page 40 of 68
_rte
■
■
Created: 2026-08-26 11:16:31 [EST]
(Supp. No. 52)
Page 40 of 68
a. Alvoi.dGnee 6qEuigdeFgFpund wNfitips No trees except these with a neFrAal mature height ef less t an thirty (30)
feet may be plaRted- ;.mvithin five (5) linear feet ef the GenteFline ef any utility easement.
distanees to aRy GUFbS, GuFb 1 A nes, sidewalks 9F abeVegFOURd utilities than the following, except fer plaR5
demOnStFating no eanfliet with existing abeevegFeuRd UtilitieS OF public facilities, and appFeved by the
Sdm tFat,
VT
!;PA;;" trees eF palms wwth neFFnal mature height of fifteen (15) to thiFty (30) feet shall have a mi
setback ef+h Fee (3) feet
2. Medium trees or palM5 With ReFFnal FAatUFe height ef thirty (30) te fifty (50) feet shall have a
setback of sox (6) feet
3. LaFge tFees with neFFnal FnatUFe height Of fifty (50) feet er more shall have a mip.mum setback ef teR (IQ)
viability of trees, though tFees may be planted eleseF tegetheF UPOR appFaval ef the administratqF�
Small trees er palms with normal mature height ef fifteen (IS) te thirty (30) feet shall be spaGed at least ten
feet.
tree.I Medium trees or palms with nermai FnatLiFe height ef thiFty (30) te fifty (50) feet shall be spaced at leas
tweRty (20) feet.
I Large tFees with nOFMal FnatUFe height of fifty (50) feet A -F nnere shall be spaced at least thiFty (30) feet.
4. SpaGing of twe (2) er mere trees ef diffeFiRg sizes shall be based upen the spae'Rg FeqUiFements of the
largest
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-314. h4aint-e—Ra rCe —;and— M n:+„r:- .e,...c..ew.entsGeneral prohibitions.
Except as provided in Sections 23-21 and 23-23, the following general prohibitions shall be applicable.
(a) Imgropernruning. It shall be unlawful for any person to engage in improper pruning
techniques on trees required by an approved tree protection plan. Trees intended for shade
purposes shall be allowed to reach their mature canopy spread.
(b) Pruning, root disturbance or removal of City trees. It shall be unlawful for any Aerson to trim.
rune dams a or remove any tree which is within the City's rights-of-way or upon any other
City property without the permission of the City as evidenced by the appropriate permit.
(c) Tree damage. It shall be unlawful for any r)erson to subject a tree to any danger from poison
or reactive material, girdling with wire, cable or similar material, inserting metal or chemicals into
a tree, or cutting compressing, or otherwise damapinig a tree's root system.
d Attachments. It shall be unlawful for any person to attach anything, including signs, permits
nails or spikes that may be incurious or cause damage, to a tree. Exceptions are protective wires,
(Supp. No. 52)
braces or other devices used to support a tree.
(e) Unauthorized clearing of lots. It shall be unlawful for any, person to clear the trees from any
lot without a City permit such that the minimum requirements of Section 23-30 are not
maintained.
Page 41 of 68
Created: 2026-08-26 11:16:31 [EST]
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-32-5. rilimination of undesirable species Tree protection during development and
construction.
All properties, regardless of whether or not a tree removal permit is required, the property owners) and
their agents) shall ensure the protection of all regulated trees that may be impacted by repairs, improvements,
and/or any development activities. The owner(s) and agent(s) shall ensure full compliance with the measures
described in this section to protect the Critical Root Zone, trunks, and canorry of trees.
(a) Restrictions during construction.
1) Placement of materials. machinery. or soils. It shall be unlawful for anv persons) to cause or
allow the temporary or permanent placement of construction materials, soils, or stones or the
passing of, placement, or use of heavy equipment or machinery within the Critical Root Zone of
anv regulated tree, group of trees to be preserved. or trees on an adioining property or right-of-
way
2) Disposal of waste materials. It shall be unlawful for anv persons) to cause or allow the
disposal of waste materials such as paint,_ oil,_ solvents _asphalt concrete, or mortar on any
private property. This includes prohibiting the temporary lacement of any such materials that
may be harmful to the soils. water. and/or life of a resulated tree on or near the soil within the
tree protection zone.
(3) Maritime species over twenty (20) inches DBH are landmark trees and shall follow the
landmark tree mitigation guidelines (Section 23-37).
(b) Property Owner responsibility for 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 carefully protected. The
property owner shall further guarantee survival of relocated, and replacement trees for no less than two (2)
ears from the date the City accepts the trees and landscaping as complete. If a relocated or re lacement
(Supp. No. 52)
Page 42 of 68
Created: 2026-08-26 11:16:31 [EST]
tree dies durin& that time period, the property owner shall promptly replace the tree in accordance with
Section 23-3242.
(c) Protective barriers and signac7e required. Sturdy protective barriers and signage shall be installed around
the Critical Root Zone of every tree or group of trees to be preserved before commencement of any
construction. Barriers shall remain in place and intact throughout the duration of construction or until all
risks to the protected trees have been mitigated, as determined by the administrator. Removal or relocation
of barriers before written approval shall constitute a violation of this Code.
(Supp. No. 52)
(1) Minimum barrier distance. For all protected trees to be preserved on site, temporary
protective barriers shall be placed at least ten (10) feet from the base of the tree. For trees that
are thirty (30) inches DBH or greater, barriers shall be placed at least fifteen (15] feet from the
base of the tree and shall encompass one hundred (1001 oercent of the area under the tree's
unpruned dripline.
Where compliance with the above provisions is physically not possible, a request to provide an
alternative for part of the area, such as a thick pine straw mulch or padding that is maintained at
no less than 6 inches deep for part of the protection distance, may be considered by the
arlminittrntnr_
Barrier construction standards. Protective barriers shall be established as follows:
a. Be not less than 42 inches in height; and,
b. Be constructed of wood or metal fencing that provides protection and durability: and.
c. Be supported by steel or two-by-four (2 X 4posts spaced no more than eight L8) feet
apart and secured with a top rail.
d. Orange construction fence or other staff approved fencing should be used as the
barrier material wrapped around the wood or steel posts.
e. Have clearly visible signage stating "DO NOT ENTER" or "NO ACCESS" placed on or
above the barrier at least every eight (8) feet.
Page 43 of 68
Created: 2026-08-26 11:16:31 [EST]
(Supp. No. 52)
(f) Adjacent properties. The property owners) and their apentis) shall ensure protective
barricading of all regulated trees located in the right of way or on ad'acent properties,
that have root or branch systems that encroach upon the subject property, and that
may potentially be impacted by develooment activities.
Page 44 of 68
Created: 2026-08-26 11:16:31 [EST]
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-336. Elimination of ,.,,.,tagiouis diseased- and pest infested trees -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 Trust Fund has been approved in accordance with Section
23-42191 mitigation in the form of tree rejolacement, 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):
(Supp. No. 52)
Page 45 of 68
Created: 2026-08-26 11:16:31 [EST]
'Developed lot means any parcel upon which a building or home exists and will be retained.
2Vacant lot means any property not previously developed with a structure of any kind or a property where all
structures were removed more than twenty 20 ears before the date of the tree removal application.
3New construction means the construction of a new principal building. For the purposes of this chapter, this
definition does not include construction purposed 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, and where trees are proposed to be removed or relocated in preparation for
demolition or develo ament of a principal buildin .
'Environmentally sensitive areas shall include lands water or areas within the City of Atlantic Beach which is
defined in Chapter 24.
SHistoric corridor means a tree lined area roadwav or portion thereof that exhibits special historic
architectural or cultural value to the City as declared by the City Commission.
c General conditions. Mitigation shall be provided through preservation of existing protected trees
successful relocation of existing trees, replacement with new trees, or payment into the tree fund as
authorized by this chapter.
(Supp. No. 50)
Page 46 of 68
Created: 2025-03-25 09:29:12 [EST]
CATEGORY OF REGULATED TREE
CLASSIFICATION OF PROPERTY
Diameter At Breast Height DBH rounded up to next whole number
S to 13 in.
14 to 19 in.
20 in. or more
Heritage
Note: Removal
Note: Removal
of landmark
of landmark
trees is
trees is
prohibited
prohibited
without
without
Community
Community
Development
Developmen:
Board approval
Board approval
Developed Lott
1:0.5
1:1
1:2
1:3
Vacant/ New construction' ,d
1:1.5
1:2
1:3
1:4
(Other, public property,
environmentally sensitive area,
1:.
1:2
1:3
historic corridorsj4!^
'Developed lot means any parcel upon which a building or home exists and will be retained.
2Vacant lot means any property not previously developed with a structure of any kind or a property where all
structures were removed more than twenty 20 ears before the date of the tree removal application.
3New construction means the construction of a new principal building. For the purposes of this chapter, this
definition does not include construction purposed 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, and where trees are proposed to be removed or relocated in preparation for
demolition or develo ament of a principal buildin .
'Environmentally sensitive areas shall include lands water or areas within the City of Atlantic Beach which is
defined in Chapter 24.
SHistoric corridor means a tree lined area roadwav or portion thereof that exhibits special historic
architectural or cultural value to the City as declared by the City Commission.
c General conditions. Mitigation shall be provided through preservation of existing protected trees
successful relocation of existing trees, replacement with new trees, or payment into the tree fund as
authorized by this chapter.
(Supp. No. 50)
Page 46 of 68
Created: 2025-03-25 09:29:12 [EST]
u 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 existing onsite
maritime species, as defined in this chapter, that is eight 8) inches DBH or greater that is preserved
onsite the total number of inches re uired for mitigation shall be reduced by thirty-five (35 ) -percent or
fort 40 inches whichever is less. This is notaper-tree preservation credit but only requires one
maritime species tree to be preserved onsite to obtain preservation credit. For example, if one hundred
(1001 inches of mitigation is required and one 1 twenty -inch DBH live oak tree is preserved on-site the
required mitigation would be reduced by thirty-five (35) percent to sixty-five (65) total inches of
mitigation required.
e Tree relocation. Existing trees onsite that are three 3 inches DBH or igreater and that are
relocated and that would otherwise be removed from the site because of development shall not reguire
mitigation. that do not survive the two (2) year maintenance and monitoring
period under Section 23-34 shall be replaced, within sixty 60 days of that determination, according to
the then current mitigation guidelines.
(f) Tree replacement.
(1) Replacement duality 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. 50)
a. Oaks shall have a minimum four -inch DBH and twelve -foot height at time of installation.
b. All other new replacement trees shall have at least a two 2 inch DBH and ten -foot height at
time of installation,
d. New replacement shade trees shall be of a species typically yielding an average mature crown
spread of no less than thirty 30 feet in Northeast Florida and shall be chosen from the Atlantic
Beach Recommended Species List. Upon approval of the administrator, alternate species not
appearing on the recommended list may be utilized, but in no case shall trees from the Atlantic
Beach Prohibited Species List also maintained and published by the City, be utilized for
mitigation credit.
e. If 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 (%) mile of the vacant lot. This shall only be done as an
alternative to payment into the Tree Trust Fund when it can be proven that a site cannot fit
required replacement plantings. A signed letter from the property owner accepting nearby off-
site mitigation plantings and maintenance obligations shall be attached with the tree permit
application.
f. Atlantic Beach Recommended Species List. Replacement trees shall lbel 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.
Page 47 of 68
Created: 2025-03-25 09:29:12 [EST]
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
SHADE TREES
Common Name
Botanical Name
Ash, Green
Fraxinus pennsylvanica
Ash, Water
Fraxinus caroliniana
Bay. Loblolly and Red
Gordonia lasianthus
Cedar, Southern Red
luniperus silicicola
Cypress, Bald
Taxodium distichum
CVpress, Pond
Taxodium ascendens
Elm, American or Florida
Ulmus americana
Hickory. Mockernut
Carva Tomentosa
Hickory. Pecan
Carya illinoensis
Hickory, Pignut
Carya glabra
Hickory, Water
Carya aquatica
Magnolia, Southern
Magnolia grandiflora
Magnolia, Sweetbay
Magnolia virginiana
Maple, Florida
Acer barbatum
Maple, Red
Acer rubrum
Oak, Live
Quercus virginiana
Oak, Shumard Red
Quercus shumardii
Oak, Swamp Chesnut
Quercus michauxii
Pine, Loblolly
Pinus taeda
Pine, Long leaf
Pinus palustris
Pine. Pond
Pinus serotina
Pine, Slash
Pinus elliottii
Sugarberry
Celtis laevigata
Sweet�um
Liquidambar styraciflua
Sycamore
Platanus occidentalis
Tupelo
NVssa sVlvatica
Saucer Magnolia Magnolia
Soulanp_eana
Little Gem Magnolia
Magnolia grandiflora 'Little Gem'
Eggleston Holly
Ilex x attenuata 'Eagleston'
Winged Elm
Ulmus alata
River Birch
Betula nigra
Overcup Oak
Quercus Ivrata
Dop,wood Flowering
Cornus Florida
(Supp. No. 50)
Page 48 of 68
Created: 2025-03-25 09:29:12 [EST]
PALM TREES
Common Name
Botanical Name
Palm,
Sabalalb
Palm, Canary Island Date
Phoenix canariensis
Palm, Pindo
Butia capitata
Palm. Sylvester Date Palm
Phoenix sylvestris
Palm. Washington
Washingtonia robusta
UNDERSTORY OR ORNAMENTAL TREES
Common Name
Botanical Name
Cedar, Red
Juniperus vir iniana
Crape Myrtle
Lagerstroemia indica
Elm, Winged
Ulmus alata
Holly. American
Ilex opaca
Holly, Dahoon
Ilex cassine
Holly, East Palatka
Ilex attenuata
Holly, Yaupon
Ilex vomitoria
Lo uat Japanese Plum
Eriobotr a 'a onica
Oak, Myrt]
Quercus m rtifolia
Oak, Sand Live
Quercus geminata
Redbud
Cercis canadensis
Riverbirch
Betula nigra
Wax Myrtle
Myrica cerifera ,
White FriUEetree
Chionanthus vir inicus
Willow, Carolina
Salix caroliniana
21 Selection criteria
(Supp. No. 50)
a. Oak fQr an oak: 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 Trust Fund in
accordance with Section 23-42. 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.
Page 49 of 68
Created: 2025-03-25 09:29:12 [EST]
c. pecies: When a Maritime Species is removed, mitigation credit
shall only be given for the planting, preservation, or relocation of a Maritime Species. This shall
not be limited to the exact same species. Incentive credit shall be granted for the use of Maritime
Soecies when reolacine regiulated trees that are not a Maritime Species. The incentive credit is
ual to two 1`21 times the normal replacement credit.
(3) Placement criteria.
a. Avoidance of underground utilities. No trees except those with a normal mature height of less
than thirty (30) feet may be planted within five (5) linear feet of the centerline of any utility
easement.
b. Avoidance of above -ground utilities and public facilities. No trees may be planted closer than
the following distances to any curbs, curb lines, sidewalks or aboveground utilities than the
following, except for plans demonstrating no conflict with existing above around utilities or
public facilities, and approved by the administrator:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall
have a minimum setback of three 131 feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall
have a minimum setback of six (61 feet.
3. Large trees or palms 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 viabilitv of trees:
1. All trees shall be spaced not less than five X51 feet apart from other trees and be no
less than five (5) feet away (measured from the base of the tree) from homes, pools,
driveways, and other impervious areas.
2. Medium and large trees with normal mature height greater than thirty (30) feet shall
be spaced at least ten (101 feet apart and not less than 10 feet from homes or other
built structures.
3. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing
requirements of the largest tree.
[Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
(Supp. No. 50)
Page 50 of 68
Created: 2025-03-25 09:29:12 [EST]
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 two (2) nears 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 23-43.
(1) Determination of success. Trees shall survive a minimum of two (2) years to be deemed a successful
replant and/or relocation to satisfy the conditions of a tree permit.
If a tree dies or declines within two [2) years after being relocated or planted, the property owner
shall replace it within sixty (60) days after that determination. The two (2) -year monitoring and
approval period shall begin again whenever a tree is replaced. If the replacement tree is not viable
at the end of the second monitoring period, the property owner may pay the applicable amount
into the Tree Trust Fund instead of plantinp, a third replacement tree. Trees that fail mitigation
monitoring requirements are subject to the additional fee requirements as outlined in Section 23-26
(b). If the property owner fails to replace the tree or make the required payment within sixty (60)
days, the property owner shall be in violation of this chapter.
(2) Lame -scale projects. If a permit includes the relocation of ten (10) or more trees, or the planting of
one hundred {1001 or more replacement trees, the determination of success for the overall mitigation
effort shall be based upon a percent survival rate. A successful proaect 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 two
121 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)
DIVISION 5. AREAS OF SPECIAL CONCERN
Sec. 23-35. Applicability.
There exist within the City certain areas which contain trees or vegetation of special value and concern, or
areas of such substantial social, cultural, historical _ecological, environmental or economic significance that they
may warrant added measures of protection.
{Ord. No. 95-21-119, § 21Exh. A), 7-12-21)
Sec. 23-36. Historic Corridors and heritage trees.
(a) Designation. The City Commission may by resolution designate historic corridors or individual heritage
trees. In doing so. the City Commission shall specifically identify those streets, or portions thereof, or
trees, which shall be so designated. Trees, tree groups, or landscape groups so designated may be marked
bys�ii .ns or markers of a type to be determined by the City Commission. Said signs or markers shall contain
the words "Heritage Tree" or "Historic Preserve Corridor" and shall denote the date of designation and
the historic significance of the tree, tree group, or landscape group. Upon designation of corridors
professional tree surveys shall be obtained and placed in the public record.
Designated historic corridors:
j1) Public colonnade of palms in the City right-of-way on the east and west sides of both Ocean
Boulevard and East Coast Drive from Atlantic Boulevard to Tenth Street.
Created: 2025-03-25 09:29:12 [EST]
(Supp. No. 50)
Page 51 of 68
(2) Public colonnade of palms in the City right-of-way on 7th Street between Ocean Boulevard and East
Coast Drive.
(b) Criteria. In considering whether a tree shall be designated as a heritage tree, the City Commission may
consider the intrinsic value of the tree due to its age, size, species, and/or cultural, ecological or historical
significance or some other contribution to the City's or a nei hborhood's character.
In considerinp, whether roadways or portions thereof shall be designated as historic corridors or
when a private property owner desires to protect a tree colonnade on private propertV. the City
Commission may consider the following criteria:
(1) The presence of historically or culturally significant tree coverage or landscaping, as
individual plants or in groupings.
2 The presence of significant historic or architectural structures with associated tree
coverage or landscaping.
(3) Requests from private property owners may be made for colonnades on their
property. If colonnades on private property are designated as a historic corridor or a
portion thereof, it shall be the responsibility of the private property owner to record a
restrictive covenant as is necessary to make such designation binding on subsequent
owners of their property.
c Documentation. The administrator shall maintain a record of all historic corridor and heritage tree
designations and their location shall be reflected on City ma s as such.
W) Mitigation. Designated heritage trees and trees within designated historic corridors can be removed
with higher mitigation rates. Mitigation shall be at a higher rate than removal of nondesi nated trees as
specified in Section 23-33, as an extra measure to strongly encourage protection of such irreplaceable
trees. Designation of a heritage tree does not prevent its removal however, every effort should be made
to preserve a tree that meets the definition of a Heritage Tree.
(e) Effect of historic corridor designation. Trees, colonnades, and landscape areas visible from roadways,
which have been designated as historic corridors or heritage sites shall not be damaged, mutilated or
removed from public or private property by any person or entity, public or private, without prior approval
of the City Commission, except in the event of an emergency. Removal shall be permitted in the following
conditions:
1 When safety of the peneral public or ad'acent residents or prooerty is likely threatened b
such historic trees• or to allow approved ingress oregress from the Property for minimum
re uired driveway width and handicap accessibility.
(Ord. No. 95-21-119. § 2(Exh. A). 7-12-21
Sec. 23-37. 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
(Supp. No. 52)
Page 52 of 68
Created: 2026-08-26 11:16:31 [EST]
3—If the Community Development Board authorizes the removal of landmark trees located within
required setbacks, the mitigation required under Section 23-33 shall be doubled.
Removal of landmark trees located within the building_footprint also requires authorization from the Community
Development Board. The avolicant must first attempt to relocate these trees elsewhere on the site. If on-site
relocation is not feasible. mitisation shall be reouired in accordance with the rates established in Section 23-33.
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.
Sec.23-38.Elimination of undesirable species
(a) Guidelines. The natural vegetative communities existing within the City shall be protected by the
control and elimination of non-native invasive species.
(1) Prohibited species listed in this section shall not be used for mitigation credit.
(2) Removal of the listed species shall be completed as a requirement for approval of any
development permit issued by the City. All removal methods shall avoid spreadinp, invasive
species and shall not harm native plants.
(b) Atlantic Beach Prohibited Species List. The following species or sub -species are not regulated under
this chapter, and are exempt from mitijgation. The trees on this list shall not be accepted for mitigation
credit.
(Supp. No. 52)
Page 53 of 68
Created: 2026-08-26 11:16:31 [EST]
Australian pine
casuarina cunninghamian;
Australian pine thicket
casuarina glauca
Bischofia
bischofia iavanica
Brazilian pepper
schinus terebinthifolius
Camphor tree
cinnamomum camphors
Carolina laurelcherry
prunus caroliniana
Carrotwood
cupaniopsis anacardioide-
Castor bean
ricinus communis
Catclaw mimosa
mimosa pigra
Chinaberry tree
melia azedarach
Chinese privet
Ligustrum sinensis
Chinese tallow
sapium sebiferum
Chinese wisteria
wisteria sinensis
Climbing cassia
senna pendula
Earleaf acacia
acacia auriculiformis
Golden Raintree
koelreuteria paniculata
Guava
psidium guayava
Jambolan
svzvgium cimini
Laurel fid
ficus microcarpa
Lead tree
leucanea leucocephala
Melaleuca tree
melaleuca quinquenervia
Mimosa tree
albizia iulibrissin
Orchid tree
bauhinia varied
Paper mulberry
Broussonetia papyrifera
Schefflera
schefflera actinophylla
Seaside mahoe
thespesia populnea
Shoebutton ardesia
ardisia elliptica
Strawberry guava
psidium cattleianum
Woman's tongue
albizia lebbeck
(Supp. No. 52)
Page 54 of 68
Created: 2026-08-26 11:16:31 [EST]
Ord. No. 95-21-119 2 Exh. A 7-12-21
Sec. 23-39. Elimination of contagious diseased and est -infested trees.
The City may require the removal of a tree that has been determined by an arborist certified by the
International Society of Arboriculture ISA or a Florida -licensed landscape architect to be infected or infested with
a plant disease or pest that poses a significant risk of transmission to other trees or vegetation and for which
removal is reasonably necessary to prevent or control the spread of the disease or pest.
Upon such determination, the City shall provide written notice to the property owner identifying the tree
and the basis for reguiring its removal. Removal undertaken pursuant to such notice shall be exempt from the
permit application requirements of Section 23-23. No mitigation or replacement tree shall be required if,
immediately following removal, the subject property remains in compliance with the minimum tree requirements
of Section 23-30.
(Ord. No. 95-21-119,_§ 2(Exh. A), 7-12-21
Sec. 23-40, 23-41. Reserved
DIVISION 6. PAYMENT. VIOLATION ENFORCEMENT AND PENALTIES
Sec. 23-3-742. Payment in lieu of replacement/relocation.
It is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite.
Payment to the tree fund in lieu of replacement or relocation shall not be construed as a routine mitigation option.
Rather, it shall be reserved for cases where the ability to replace or relocate trees onsite is restricted by
circumstances related to federal, state or local regulations and requirements including but not limited to conflicts
with rights-of-way, utilities, stormwater facilities, septic fields and environmentally sensitive areas. If payment in
The value to be paid into the Tree Trust Fund treefund shall be established to be not less than the
City's of Jacksonville's annual tree mitigation rate and be reviewed by the ESC. and adopted by the city
eernmissieR-,4n"Payments to the t -Tree Trust (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. Applications must include landscape
tans to verify appropriate lantin ossibilities and mitigation owed. 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
Created: 2026-08-26 11:16:31 [EST]
(Supp. No. 52)
Page 55 of 68
mitigated, to the c -City's tTree Trust (Fund. The approved mitigation payment shall be payable to the
tTree Trust #Fund prior to permit issuance.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Secs. 23-43Z4, 23-39 R^gpr.••pd 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 anv 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 subiect to code enforcement procedures and penalties or fines as set
forth within chanter 2. article V. division 2 of this Code of Ordinances and anv other remedies available under
applicable law.
1 Development activity. It shall be a violation of this chapter for any person(s)to engage in develo ment
or other activity, which has the potential to damage, destroy or remove, or cause the destruction or
removal of any tree or ve etation as regulated herein without complying with all applicable provisions of
this chapter.
(2) Compliance with approved permit. It shall be a violation of this chapter for any person who has
obtained a permit from the City pursuant to the requirements of this chapter to fail to comply with the
requirements of the approved permit and any conditions attached thereto.
(3) Compliance with general conditions of permit. The following minimum conditions shall apply to every
permit issued pursuant to this chapter, and violation of or failure to comply with any such condition(s)
shall be a violation of this chapter.
a. Permit and plans onsite. Approved permits and plans shall be available onsite at all times
durinp, development or tree removal activity.
b. Resoonsible individual onsite. Whenever site work is onpoing, there shall be an individual at
the site who shall be responsible for the ongoing work and who shall have the familiarity with the
project to ensure work is proceeding according to approved plans. This provision is not intended
to require that a single individual remain onsite during all operations, only that at all times there
shall be a designated person in responsible charge.
(4) Maintenance requirements. It shall be a violation of this chapter for any person(s) who is engaged in
development activity on property located within the City or in accordance with a permit issued by the City
pursuant to this chapter, or who has obtained title to property upon which such activities have taken
IIJ� to fail to comply with the minimum standards and maintenance requirements set forth herein.
Ord. No. 95-21-119. 2(Exh. A), 7-12-21)
Sec. 23-44. 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 specifyinp, that remedial action is necessary to brinp, the violation into compliance. The persons)in violation
shall immediately, conditions permitting, commence remedial action and shall have up to 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 chanter.
(Supp. No. 52)
Page 56 of 68
Created: 2026-08-26 11:16:31 [EST]
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-45. Ston work order.
(a) Authority to stop work. The City Manager or designee of the City Manager shall have the authority to
immediately issue a stop work order in any of the following circumstances:
(1) Whenever land is being cleared without an approved permit or in a manner inconsistent with the
approved permit;
2 Upon the failure of the permittee, or failure of the property owner if no permit exists to take
immediate corrective action when there is a danger to life or property;
(3) Whenever ongoing noncompliant work is not immediately and permanently stopped upon receipt
of a written or oral notice of violation;
4 Whenever protection measures have not been implemented or maintained and danger to regulated
trees or regulated vegetation exists or may be imminent;
(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section is
not completed in the time period specified; or
(6) Upon failure to post or have the approved permit and plans available onsite.
b Content and scope of stop work order. The stop work order shall specify the circumstances that have
resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial work
as is deemed necessary to bring the violation into compliance, or it may specify the cessation of specific work
by functional nature, such as land clearing, regulated tree or regulated veeetation removal, grading, roadway
construction, building erection or utility construction. The order may apply to the entire project or to
geographical portions of the project that may be individually specified.
c Failure to comply after notice of violation and stop work order. If the person(s) in violation fails to
complete the required remedial action within the prescribed time, or continues any development activity in
violation of a stop work order, the administrator may initiate code enforcement action pursuant to chapter
2, article V, division 2 of the Code of Ordinances, or other remedies as authorized by law.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-21)
Sec. 23-46. Requirement for emergency or immediate corrective action.
Where it is determined by the City that failure to maintain stormwater management facilities, erosion,
sediment or tree/vegetation protection controls, or failure to conform to the provisions of this chapter or permit
conditions is resultinig in danger or damage to life or property, the City may require immediate corrective action.
Protection controls which are breached due to development activity, wind, rain or other factors shall be repaired
within twenty-four 24 hours of breach. Failure to take such immediate corrective action when notified shall
constitute a violation of this chapter. If immediate corrective measures are not taken by the permittee or property
owner and the conditions of the site are such that there is danger or hardship to the public the City may enter
upon lands, take corrective actions, and place a lien on the real property of such person(s) to recover the cost of
the corrective measures. In addition, the administrator may revoke any permit issued pursuant to this chapter.
(Ord. No. 95-21-119, § 2(Exh. A), 7-12-211.
(Supp. No. 50)
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Sec. 23-47. 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. 23-48. Penalties.
ia) 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 reprulations shall constitute a
separate offense.
5 Persons charged with violations of this chapter may include:
a. The owner, agent, lessor, lessee contractor or any other ersonisf using the land building or
remises where such violation exists.
b. Any person[s) who maintains any land, building or premises upon which a violation exists.
c. Any person(s) who knowingly commits, takes part, or assists in such violation.
(b) euildina permits. No building permit shall be issued for a site while any violation of this chapter exists on
the subiect site.
(c) Iniunction. Any affected person(s) may seek an injunction against any violation of the rovisions of this
chapter and recover from the violator such damages as he or she may suffer including, but not limited to,
damage to property as a result of development or failure to maintain in violation of the terms of this
chapter.
(d) Sanctions for failure to obtain a permit.
1 Re ulated trees or re ulated ve etation removed in violation of this chapter shall require an
unpermitted-tree-removal permit, the fee for which shall be two 2 times the normal established
application feespecified 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) Regulated trees removed in violation of this chapter shall be measured first with the circumference
of the stump. If circumference of the stump is not possible, estimated diameter (to the nearest inch)
shall be used. If it is not possible to determine with reasonable certainty the number and size of
re ulated trees removed the processes 4 shall follow.
(Supp. No. 50)
Page 58 of 68
Created: 2025-03-25 09:29:13 [EST]
(4) 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 prior aerial photography, available photos,
or other methodology shall be used to make a determination as to the loss of canopy and/or land cover
for the purpose of assessing mitigation. A civil fine of fifteen dollars ($15.00) per square foot of canopy_
or land cover lost may 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 oroceed until the assessed
fine is paid and the City issues authorization for work to proceed.
(5) Any person(s) exhibitinp, 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 poverninjg licensing, registration or certification of individuals
or businesses.
(Ord. No. 95-21-119, § 2(Exh.A), 7-12-21
Sec. 23-49. Reserved.
Sec. 23-50. Reserved.
areas of such substantial serzial, GU'tUFal, hiSWFiGal, eGolegieal, environmental er ecenerMc SignifiGaRGe that they
may .,t added measures of PFE)teGtir.r.
•.
......... . ........... .... ...............
•mill M
(Supp. No. 52)
Page 59 of 68
Created: 2026-08-26 11:16:31 [EST]
and landscape areas along readways, er peFtians
! colonnades,
thereof-, which have been designated as hiStOFiG corridors shall not be dafflaged, mutilated OF FeMeVed 49 -Fn
public or private property by any person or entity, public or private, without prier approval of the city
. . , ?(cept in the event of an emergency. Removal shall be peFmitted in the fellowing
•
t ees; e
(2) D.,w,eyal is faF ir.gFess to and /,.r e s free; the r+..I r..
Tt y r. .,
(4) T--heFe iszapethe.r srfflilm ��, legitimateFease; ar
(Supp. No. 52)
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(Supp. No. 52)
Page 61 of 68
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(Supp. No. 52)
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nessn:s�
Created: 2026-08-26 11:16:31 [EST]
(Supp. No. 52)
Page 63 of 68
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(Supp. No. 52)
Page 64 of 68
Created: 2026-08-26 11:16:31 [EST]
USA—;"
"Tree
city's
+
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leng t.,Fm health of trees planted fns mitigation;
an+d
(2) PGFk-s a'nd epee spaces.
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spaces;b. Impreving
pgTL(T'fg, 'TsRTSCand
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d. Maintaining
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aGeess to and amenities fE)F PaF'(s including disability
rVthel QJCI fIICIPl y f Gatues+
a web based, publicly accessible mnveRtE)Fy Of
I + I f use, .deed restrictions and r
nllhlie r nd private spaces.
paths,pen
aecernmedatieRs, bike
PaFkS including theiF hi
+a+inn
a. Utilizing best practices, iRelwdiRg a science based approach, wheR making aRy decisien about
development and its impact 9R auF r
G. GemmuRieat'Rg the dynamics ef tidal drainage and fleedplain with the geal ef pFeseFVing the
it.,'.- f'09 d .n n+ system;
w,
but net
+
meted to, dumping,septic; tanks and r al pelluti„n• and
e—Tupdating and maimaWng the Marsh Master Plan for adhereRGe W curFent reseaF
sea
�h + level hange aR d wetiaR dS n .a+inn
(Supp. No. 52)
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(Supp. No. 52)
Page 66 of 68
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0. WOM
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(Supp. No. 52)
Page 66 of 68
Created: 2026-08-26 11:16:31 [EST]
IMW=.
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fh\ c r hY hm nt ef+.- ,ham mitte membership; to
(Supp. No. 52)
Page 67 of 68
Created: 2026-08-26 11:16:31 [EST]
section E)F etheFWise shall be GORStFued as authOFOZORg 9F empowering the committee te impose any liability Of aRy
(Supp. No. 52)
Page 68 of 68
Created: 2026-08-26 11:16:31 [EST]