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Item 7AAs AGENDA ITEM # 7A JANUARY 22, 2007 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Proposed Changes to Chapter 23 Vegetation, Article II. Tree Protection SUBMITTED BY: Rick Carper, P.E., Director of Public Works DATE: December 28, 2006 BACKGROUND: At the July 24~h Commission Meeting, the Commission directed staff to prepare an ordinance making administrative changes to the Tree Protection ordinance. At the November 27~' meeting, the Commission requested additional research to determine a defensible value for the clear cutting fine that would be a deterrent to un-permitted tree removal. Staff used two methods of determining a rational increase to the clear cutting fine: 1) the increase in the taxable value of unimproved land in Atlantic Beach since the fine was first implemented in February 1996. From the Duval County Property Appraiser's Office, this value was determined to be a factor of approximately 4.3. Multiply this factor times the current $1/SF yields a fine of ~* $4.30/SF; and 2) A review was made of the existing tree canopy on numerous undeveloped lots in Atlantic Beach to determine an average tree density. This average density was multiplied by the tree mitigation fee of $117/inch to get approximately $3/SF to legally clear a lot. Doubling this number to achieve a deterrent yields a recommended fine of $6/SF (see attachment 2). Changes are summarized below: 1. Adds enhancement of City rights of way and easements and xeriscaping and use of native species to Tree Ordinance Intent; 2. Deletes reference to Community Development Director as City representative responsible for administering building and site clearing permits; 3. Requires Tree Permit for removal of public protected trees by residents; 4. Allows replaying protected oaks with hardwood trees yielding similar canopies, with Tree Boarci concurrence; 5. Increases fine for 'clear cutting' a lot without permit from $1 per square foot of land cleared to $5 per square foot; 6. Adds a $50 reinspect fee when a city inspector issues a notice of corrections; 7. Adds det7nition of clear cutting" for fine purposes (new addition since previous submission). RECOMMENDATION: Approve on first reading the recommended changes to Chapter 23 Vegetation, Article II. Tree Protection BUDGET: No budget impact ATTACHMENTS: 1. Draft Ordinance No. 95-07-92 2. Tree Density Review REVIEWED BY CITY ~ January 22~' Regular Meeting ORDINANCE NO. 95-07-92 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, ~, CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM # 7A JANUARY 22, 2007 BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1: The following provisions of Sections 23-15, 23-16 and 23-17 of ~. the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows: "(a) Sec.23-15.Intent. (5) Increase and maintain the value of land by requiring a minimum number amemrt of trees to be incorporated into development; enhancement of City right- of-ways and easements with tree canopy; (7) Promote the conservation of potable and nonpotable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials; encourage xerisc~ing and use of native species; (b) Sec. 23-16. Definitions. Director means ^^,,.,~..,,,.,:,,,, a°•~°'^~~°„+ a;,.°^+^~ ^r the city manager's appointees~~se~e responsible for administering ~"' Tree Removal permits. Clear cutting means the clearing of trees, including stumps, from 50% or '" more of a lot, such that Staff is unable to determine with reasonable certainty the number of protected trees removed. For Sec. 23-17 (g~3)c purposes, the azea used for determination of fines shall be the total area of the lot that has been cleared and grubbed '~"' (trees, underbrush, roots, etc. removed). (c) Sec. 23-17. Applicability; removal of trees; minimum standazds; permits; mitigation; development; enforcement; violations and penalties. (b)(2)(c) Any tree, including any public protected tree, that poses imminent danger to the public health, welfaze or safety, and requires immediate removal without delay. In such instances, verbal authorization to remove detested such tree may be given by the director. '" Ordinance 95-07-92 Page 1 of 3 ""' AGENDA ITEM # 7A JANUARY 22, 2007 (d)(1) Permits for site clearing and the removal or relocation of a protected tree, includinu any public protected tree in a ri t of way or easement b,~a p opertv owner, shall be obtained by filing an application. Approval of the application by the tree conservation board and issuance of a permit by the director shall be required prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. The ~. site shall be inspected to insure compliance with the approved site plan prior to any additional permits being issued. Application for site clearing and tree removal or relocation shall include the following: (d)(2) An application for a permit for the clearing, removal or relocation of a protected tree shall be reviewed as designated in subsection (b)(1) above ~„ and a decision shall be made thereon within fifteen (15) working days after receipt of such application or by agreement by both parties to a time frame. Any person, organization, society, association, corporation or agent thereof who intends to trim, ~. prune, cut, disturb roots, or to destroy or remove any tree from any public easement, public property or right-of--way shall obtain a permit from the d~est~ board as discussed in (1 above. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions of such permit. The city and its franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of--way. (e)(2) Protected trees identified for removal on the site clearing or ** tree removal permit application shall be replaced with new-planted trees, unprotected trees or transplanted trees. In eneral, plzrotected oaks removed shall be replaced only with oaks. With tree board concurrence, hazdwood trees yieldin~ a similar canopy may be used. The total caliper inches of replacement trees shall equal one-half ('/2) the total caliper inches of protected trees removed, unless otherwise approved by the tree conservation boas-d. If multi-trunked trees are used as replacement trees, then the total ~" caliper of the four (4) largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. No replacement will be required for protected trees which aze determined by the city to be dead or deteriorated as a result of ~"' age, insects, disease, fire, lightening or other acts of nature. (g)(3)c. If the site has been cleared and the trees have been removed ~'" from the site so that the director is unable to determine with reasonable certainty the number of protected trees removed in violation of this subpart [section], the violation shall be corrected by paying a civil fine of up to en ~} f ve dollars ($5.00} per square foot of land cleazed, which fine shall be assessed by the code enforcement boazd. The contributions and fines assessed under this subsection shall be payable to the city immediately within seven (7} days after assessment. All amounts received by the city pursuant to this subsection shall be deposited in the tree replacement account. No work shall continue on the site until the tree replanting plan has been approved or the contribution and/or fine has been collected." ~. Ordinance 95-07-92 Page 2 of 3 AGENDA ITEM # 7A JANUARY 22, 2007 SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec. 23-17(g)(3)d., which section shall read as follows: "(g)(3)d. After a notice of violation has been issued by the city inspector, an additional reinspection fee of Fifty and 00/100 Dollars ($50.00) shall be paid to the city before any work may begin again." SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading and by the City Commission of the City of Atlantic Beach this day of , 2007. Passed upon final reading and public hearing this day of , 2007. DONALD M. WOLFSON Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST DONNA BUSSEY City Clerk :~• Ordinance 95-07-92 Page 3 of 3