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Environmental Stewardship Committee Ordinance-clean 7-6-17 (00835016-3xBA9D6)DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23 OF THE ATLANTIC BEACH CODE OF ORDINANCES; CREATING AN ENVIRONMENTAL STEWARDSHIP COMMITTEE; PROVIDING FOR INTENT, PURPOSE, MEMBERSHIP AND SCOPE OF ACTIVITIES OF SAID COMMITTEE; CREATING A TREE SUBCOMMITTEE, PROVIDING FOR MEMBERSHIP AND PURPOSE; PROVIDING FOR A TREE PERMIT REVIEW AND APPEAL PROCESS; PROVIDING FOR SIX MONTH REVIEW, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Boards and Committees established by the Mayor and Commission of the City of Atlantic Beach provide many valuable services to the community by enlisting citizen volunteers to provide input and due consideration of issues important to the citizens of our community; and WHEREAS, the City of Atlantic Beach recognizes both the economic and intrinsic value of its natural environment and the need to establish a committee to help protect it; and WHEREAS, dedicated and knowledgeable members of this committee will be stewards of our environment, creating a legacy for future generations. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Sec. 23-52, et seq., which sections shall read as follows: Sec. 23.52. Environmental Stewardship Committee - Intent. The maritime forest in Atlantic Beach is core to the City’s identity as a small coastal village. The tree canopy creates beauty, provides a home for wildlife, functions as an element of the water management system and enhances property values. It is in the best interest for this committee to be the stewards of the tree canopy through advocacy, assessment, maintenance, planting and preservation of this natural resource. The City parks provide open spaces for recreation, exercise, wildlife habitat, relaxation and encounters with the natural world. This committee intends to support the community to provide a variety of park spaces that are well maintained, accessible and secure. This committee shall take the lead and set high community standards in the beautification and maintenance of public spaces located within the City. The Atlantic Ocean, the St. Johns River and the Intracoastal DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 2 Waterway have a great deal of influence on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the City. The care and health of the coast and marsh must be paramount in every recommendation made by this committee about the use of our land, water system and tree canopy. (a) Environmental Stewardship Committee Purposes. It shall be the purpose of the Environmental Stewardship Committee: (1) To study and make recommendations to the City Commission and City staff with respect to the City’s: a. Maritime forest; b. Parks and open spaces; c. Beautification of public and private spaces; and d. Environmental stewardship. (2) To act as a motivating and coordinating body to encourage joint public and private participation in promoting these purposes. (b) Environmental stewardship committee – Scope of Activities . The Environmental Stewardship Committee shall provide guidance and support to the City Commission and City Manager and, upon request by the City Commission or City Manager, shall provide written recommendations, in the following areas : (1) Maritime Forest: a. Clarifying and strengthening the City’s processes and all tree and landscape 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 right of ways; g. Promoting tree canopy advocacy including upholding the City’s status as a bona fide “Tree City USA”; h. Developing a process for systematic, review of the City’s enforcement of the existing tree codes, including the long-term health of trees planted for mitigation; and DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 3 i. Developing and maintaining a process for citizens to communicate possible violations to the City. (2) Parks and Open Spaces: a. Developing and maintaining a long-range plan to protect, improve and beautify park 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 means; and d. Maintaining a web-based, publicly accessible inventory of parks including their history, archeological value, rules of use, deed restrictions and conservation easements. (3) Beautification of Public and Private Spaces: a. Enhancing public spaces, including public rights of way, roadsides, City buildings, beach accesses and other publicly held properties with art, carefully maintained landscape design and plantings; b. Incentivizing and advocating for beautification of private and commercial spaces; c. Reducing the number and appearance of degraded or blighted 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; 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. (c) Membership, Terms, Appointments, Geographic Requirements, Composition. DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 4 (1) Membership. The Environmental Stewardship Committee shall be composed of eleven members. A majority of the members of the committee shall constitute a quorum . (2) Terms. All members shall serve four-year terms, with the exception of inaugural committee members. Members shall not serve more than two consecutive terms on the committee. Three-year terms of the inaugural committee members shall constitute a full term. In the event a vacancy occurs and three years or more remain in the vacating member’s term, then the remaining time shall constitute a full term. (3) Appointments. Except for the inaugural committee members, committee members shall be selected by the Board Member Review Committee and shall be confirmed by the Commission. The Commission shall select the inaugural committee members as follows: MEMBER REPRESENTATION APPOINTED BY At Large Mayor (3 years) At Large Mayor (4 years) At Large Mayor (3 years) District 1308 Resident Seat 2 Commissioner (3 years) At Large Seat 2 Commissioner (4 years) District 1307 Resident Seat 3 Commissioner (3 years) At Large Seat 3 Commissioner (4 years) District 1306 Resident Seat 4 Commissioner (3 years) At Large Seat 4 Commissioner (4 years) District 1312 Resident Seat 5 Commissioner (3 years) At Large Seat 5 Commissioner (4 years) (4) Geographical Requirements. There shall be at least one 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 and Chair in writing upon no longer meeting these membership qualifications. (5) Composition. To the extent possible, committee members should demonstrate at least one of the following skills, experience, expertise, educational background or interests: a. Knowledge of best practices in environmental management and sustainability; b. Land development and building construction; c. Urban planning and design; d. Arboriculture and horticulture; e. Landscape architecture; f. Environmental policy; g. Environmental and constitutional law; DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 5 h. Community engagement; and i. Educational programming. (d) Organization. (1) The committee shall meet on the ______ of each month. Special meetings may be called by the Chair, provided at least 48 hours notice is provided. At its first regularly scheduled meeting each January, the committee shall elect from among its members a chair, vice chair, and secretary who shall assume their positions immediately upon election. (2) The chair shall preside at all meetings of the committee. The vice chair shall preside if the chair is absent. (3) The committee shall be staffed at each meeting by a City staff member appointed by the City Manager to act as the recording clerk. In addition, the City Manager or his/her designee shall attend all committee meetings. (4) Roberts Rules of Order shall be followed at committee meetings. The committee may adopt, amend, and rescind procedural rules of the committee to aid in implementing the provisions of this section. All reports, studies, and recommendations made by the committee shall be approved by the committee before the same may be presented to the City Commission or City Manager on behalf of the committee. (5) The committee shall establish a tree subcommittee in accordance with Section ____ below. The committee may establish such other subcommittees from among its membership as it deems necessary to perform its activities. Subcommittees shall report on their progress to the committee at such times as the committee shall require. All committee and subcommittee meetings shall be open to the public and are subject to Florida’s Government in the Sunshine Laws. (6) The committee’s recording clerk shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall become a public record. (e) Removal of members. A member’s position on the committee shall be automatically vacated if that member has three (3) or more unexcused absences from committee meetings within a one year period. The vacancy shall be promptly filled. (f) Establishment of Tree Subcommittee, membership, terms. (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 DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 6 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 consist of three (3) members and one alternate member. The alternate shall serve in the case of the absence of any of the 3 members. The members of the subcommittee may volunteer to serve on the subcommittee and shall be appointed to the subcommittee by the Environmental Stewardship Committee. All of the members of the subcommittee shall be members of the Environmental Stewardship Committee. The Environmental Stewardship Committee shall appoint or remove the members of the subcommittee by a simple majority vote. Filling vacancies shall take place at the next regular scheduled meeting of the Environmental Stewardship Committee after a seat on the subcommittee has become vacated. Members of the subcommittee may serve for as long as they serve on the Environmental Stewardship Committee. (2) Organization of Tree Subcommittee. a. The Environmental Stewardship Committee shall establish a regular meeting schedule of the tree subcommittee. Unless otherwise determined, the subcommittee’s meetings shall meet on the same date as the Environmental Stewardship Committee. 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. The subcommittee shall utilize the rules of the Environmental Stewardship Committee. 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. (g) Systematic Permit Review and Appeal Process. Notwithstanding any other permit review or appeal processes set forth in the Atlantic Beach Code of Ordinances, the following permit review and appeal procedures shall constitute the exclusive procedures regarding tree permits in the City of Atlantic Beach. DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 7 (1) Initial Review Period. a. The administrator shall upload all tree permit applications to the City’s website within three (3) business days of being deemed sufficient in accordance with Section 23-23 of this Code, and ready for site inspection in accordance with Section 23-24. The initial site inspection by the administrator may occur no earlier than the fourth (4th) business day after the complete permit application has been uploaded to the City’s website. b. The subcommittee may review any tree permit applications. c. Each member of the subcommittee may independently review any tree permit applications that include the removal of more than 50% of the total inches of the diameter at breast height (DBH) of regulated trees on any property. d. Each member of the subcommittee may independently review any tree permit applications that include the removal of one or more legacy tree(s) on any property. e. One member of the subcommittee may accompany the administrator on the initial site inspection as an observer. The subcommittee member must make the request to attend the initial site inspection as an observer within three (3) business days of the permit being uploaded to the city’s website. The subcommittee member shall not interact with the property owner or the property owner's agents during the site inspection and shall stay in the vicinity of the administrator during the inspection. The subcommittee member shall be provided 24 hours notice prior to the time of the site inspection. If multiple requests are made by subcommittee members to accompany the administrator on the initial site inspection, the administrator shall select the first subcommittee member who submits a request in writing. (2) Issuance, Review and Appeal Procedures of a Permit. a. When the administrator’s application review process and inspection have been completed, the administrator shall distribute a notice of intent to issue tree permit to the applicant and all members of the subcommittee, including the alternate member and upload the draft permit to the City’s website. Within five (5) business days after the distribution of the notice of intent, the applicant, any member of the subcommittee or any “adversely affected party” as defined in Section 24-17 may place a hold on the DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 8 permit by providing written notice to the administrator requesting further review. This notice shall include the rationale to support the request for further review. If no notice is filed, the permit shall be effective after the expiration of the five (5) business day notice period. b. Should a written notice be timely filed, within five (5) business days after a notice is filed with the administrator, the administrator shall place the matter on the agenda, with proper notice, of the next available regularly scheduled subcommittee meeting. c. The subcommittee shall review the draft permit for compliance with the requirements of this Chapter 23 and shall, by majority vote, recommend that the administrator approve, approve with conditions or deny the application. The administrator shall issue or deny the permit within five (5) business days after the subcommittee meeting. The applicant or any member of the subcommittee or any “adversely affected party” who submitted written comments to the subcommittee prior to the meeting or made a presentation to the subcommittee during the meeting, may file a written notice objecting to the permit within five (5) business days from the date of permit issuance stating the alleged reasons the permit does not comply with the provision of this Chapter 23. The permit issued by the administrator shall not be effective until this 5-business day notice period has expired. d. Should a written notice be timely filed, the draft permit shall be placed on the next available Community Development Board agenda. The Board’s review shall be de novo. The Board shall determine whether the draft permit complies with the provisions of this Chapter 23. The Board may issue, deny or modify the draft permit. All notice requirements for “variances” set forth in Section 24- 51(c)(2) shall apply to the hearing on said contested tree permit. e. The decision by the Community Development Board shall be final unless the applicant or an “adversely affected party” who submitted written comments to the Board prior to the Board meeting or made a presentation to the Board during the meeting files a written appeal of the Community Development Board decision to the City Commission within fifteen (15) days of the Board’s decision, with the City Clerk, together with a $500.00 filing fee. Where the Community Development Board approves a tree permit, the subject tree permit shall not be effective until the 15-day appeal period has expired. Said written appeal must set forth the DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 9 alleged reasons that the Community Development Board’s determination does not comply with the provisions of this Chapter 23. The Commission’s review shall be de novo and the notice requirements for “variances” set forth in Section 24-51(c)(2) shall apply. The Commission may confirm, overturn or modify the Community Development Board’s action. The action of the Commission shall constitute final action of the City. Where the Commission approves a tree permit, the permit shall not be effective until any applicable judicial appeal period has expired. SECTION 2. SECTION 23-23 PERMIT PROCEDURES. Section 23-23(d)(1) of the Atlantic Beach Code of Ordinances is hereby deleted in its entirety and the following new section 23-23(d)(1) is hereby adopted: (1) Time for Review. Once an application has been deemed sufficient, the administrator shall conduct a full compliance review of the application and issue a notice of intent to issue a tree permit to approve or approve with conditions, or deny the application in accordance with the procedures set forth in Section 23-52(g) hereof. SECTION 3. SECTION 23-25 APPEALS. A. Section 23-25(a) of the Atlantic Beach Code of Ordinances is hereby deleted in its entirety and the following new Section 23-25(a) is hereby adopted: (a) Procedures to file appeals. Appeals and written notices objecting to decisions regarding tree permits issued under authority of this chapter shall be made in accordance with the provisions of Section 23-52(g) hereof. B. Section 23-25(b) of the Atlantic Beach Code of Ordinances is hereby deleted in its entirety and the following new Section 23-25(b) is hereby adopted: (b) Stay of work. Any appeal to the City Commission filed pursuant to Section 23-52(g) 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. SECTION 4. SIX MONTH REVIEW. Approximately six months after the creation of the Environmental Stewardship Committee and Tree Subcommittee, the City Manager and tree DRAFT 7/6/2017 Redline shows changes to 6/26/17 draft 00835016-3 10 administrator, working with the Committee Chair, shall present a six-month review/assessment to the City Commission. SECTION 5. CONFLICT All ordinances previously adopted by the City and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 6. SEVERABILITY If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. SECTION 7. This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this ____ day of ______________, 2017. PASSED by the City Commission on second and final reading this ___ day of _____, 2017. CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney