1 Composite - Chapter 23 - Protection of trees and Native VegetationCHAPTER 23 - PROTECTION OF TREES AND NATIVE VEGETATIONW
Footnotes:
--- (1) ---
Editor's note Section 2(Exh. A) of Ord. No. 95-09-98, adopted Jan. 12, 2009, repealed the former ch.
23, 'Vegetation,' arts. I—V §§ 23-15-23-17, 23-19, 23-20 23-22, 23-25, 23-36-23 40 and 23 46-
23-50, and enacted a new ch. 23 as set out herein The former ch. 23 pertained to tree protection,
accumulation of weeds, and historic tree preservation and derived from Ord. No. 55-82-19, adopted
March 22, 1982; Ord. No. 95-89-44, adopted Jan. 8, 1990; Ord. No. 95 95 64, adopted Feb. 12 1996;
Ord. No. 95-00-73, adopted March 27, 2000 Ord. No 95-02-79, adopted Oct. 14, 2002; Ord. No. 5-03-
42, adopted July 14, 2003; and Ord. No. 95-07-92, adopted Feb. 12, 2007.
Cross reference Streets, sidewalks and other public places, Ch. 19.
ARTICLE I. IN GENERAL
Sec. 23-1. Purpose and intent.
(a) Purpose. The provisions of this chapter are established for the purpose of enhancing, conserving,
restoring, protecting and preserving the natural environment, specifically related to trees and native
coastal dune vegetation. Priority shall be given to the protection and preservation of existing resources.
(b) Intent. The provisions of this chapter are intended:
(1) To establish efficient and effective procedures, regulations and guidelines for the protection of
existing vegetation installation of native landscaping and maintenance thereof regarding
vegetation including, but not limited to, trees, shrubs, salt marsh and beach dune grasses, and
ground covers.
(2) To promote and sustain community values by providing for an aesthetically pleasing environment
where a healthy tree canopy is maintained and regenerated.
To protect natural systems and avoid impairment of their natural functions including the provision
of shade and cooling on lots and development parcels, sidewalks, streets and other public places.
To provide protection for environmentally sensitive areas.
To encourage protection of healthy trees and provide for replacement and/or relocation of trees
which are necessarily removed during construction, development or redevelopment.
(3)
(4)
(5)
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-2. Applicability.
AH lands within the City of Atlantic Beach shall be subject to the provisions of this chapter.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-3. Relationship to land development regulations and the comprehensive plan.
This chapter contains specific and detailed provisions intended to implement the related policies as
set forth in the comprehensive plan, as may be amended. The provisions of this chapter shall be
implemented in coordination with chapter 24 Land Development Regulations, of this Municipal Code, and
in the case of any conflict between the two (2) chapters, the provisions establishing the higher standard
shall prevail.
Page 1 of 33
(Ord. No. 95-09-98, § 2(Exh A), 1-12-09)
Sec. 23-4. Amendments to this chapter.
The city commission 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. 95-09-98, § 2(Exh. A), 1-12-09)
Secs. 23-5-23-7. - Reserved.
ARTICLE II. 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, and where interpretation is required, shall be interpreted so as to give these terms the meaning
they have in common usage. Where applicable and appropriate to the context, definitions as set forth within
chapter 24, Land Development Regulations, of this Municipal Code, Florida State Building Codes or within
Florida Statutes, as these may be amended, shall be used in conjunction with these terms and the
requirements of this chapter.
Administrator shall mean the representative of the city as designated by the city manager to oversee
administration of this chapter.
Adverse site conditions shall mean existing site conditions that unfavorably affect the implementation
of the provisions of this chapter and that hinder plant viability and growth. Examples include, but are not
limited to:
(1) Existing topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
(2) Existing areas of buried solid waste at a depth that would affect viability of preserved or planted
materials.
Existing electrical lines or utility easements that prevent or restrict the preservation or planting of
landscape materials.
(4) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
Redevelopment sites where existing landscaping does not meet current standards and where
existing site conditions such as, but not limited to, impervious surfaces, access locations, or
building locations, prevent the site from meeting the current requirements.
(6) Sites where type or distribution of existing canopy or other protected trees are such that
preservation requirements would prohibit site development or conflict with required development
standards, such as stormwater or roadway designs.
Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon
preservation areas and/or trees are not considered adverse site conditions.
After -the -fact permit shall mean a permit issued after a violation has occurred for the primary purpose
of correcting the violation (if the activity would have been permittable) or for the purpose of bringing the
violator into compliance with existing regulations.
(3)
(5)
(7)
Page 2 of 33
Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision
of this chapter.
Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit as
required by the provisions of this chapter
Approval shall mean written permission in the form of a tree or vegetation removal permit from the
administrator pursuant to a duly executed application submitted on a form as provided by the city,
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.
Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the city in
section 23-35(b). This list shall be updated on an as needed basis.
Atlantic Beach Recommended Species List shall consist of species that are best adapted to the local
ecosystem, which may provide the most desirable characteristics to the community Replacement credit
may only be given for trees on the recommended species list in section 23-33(f)(1)f
Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for
the issuance of a building permit by the city 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 and under, 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.
Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk.
Certified arborist shall mean any person holding a valid and current arborist certification as issued by
the International Society of Arboriculture (ISA).
City shall mean the City of Atlantic Beach.
Clear trunk shall mean the height of a palm tree measured from the ground to the point where the
lowest green frond is attached to the trunk.
Coastal dune vegetation shall mean the naturally -occurring, salt -tolerant native species of grasses,
shrubs, vines and trees that stabilize the dunes by holding existing sand and that serve to repair the dunes
of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand.
Community forest shall mean the collection of trees in and around the City including park and street
yard trees on public property, and yard trees on private property.
Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the branches,
leaves, flowers, and fruit that grow above ground.
Developed area shall mean that portion of a site upon which any building, structure, pavement, or
stormwater facility is placed. r
Development or development activity shall mean any alteration of the natural environment which
quires the approval of a development or s'. - . - - - - _ ' _ uance of a development permit; shall also include
the "thinning' or removal of trees from a develo• - • - d, including that carried on in conjunction with a
forest management program, and the removal of trees incidental to the development of land or to the
marketing of land for development and shall also include activities defined as development with section 24-
17 of this Code of Ordinances.
Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured at a height
of fifty-four (54) inches above the naturally occurring ground level. Trees with gross abnormalities or
buttressing at the breast height should be measured above or immediately adjacent to the irregularity. Trees
that fork at or above breast height should be measured below breast height and recorded as a single trunk.
Trees that fork below breast height should be recorded as separate DBH for each.
Page 3 of 33
Diseased tree shall mean a tree with a sustained or progressive impairment caused by a parasite, pest
or infestation which seriously compromises the viability of the tree, in that it is unlikely the tree will remain
living and viable for a period of more than three (3) years or the tree causes other imminent peril to viable
trees existing structures or persons in the vicinity of the diseased tree.
Dripline shall mean the imaginary vertical plumb line that extends downward from the tips of the
outermost tree branches and intersects with the ground.
Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced.
Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing
grade of the land. See "Grading" also.
Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal
and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree.
Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally,
from a natural geographic range outside of Florida.
Grading shall mean the placement, removal or movement of earth by use of mechanical equipment
on a property. See "Excavation" also.
Ground cover small means a plant material which reaches an average maximum height of not more
than eighteen (18) inches at maturity.
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 shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distinguished from a
gymnosperm or cone -bearing tree.
Hazard or hazardous shall mean a danger or risk of bodily injury or property damage.
Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical
region prior to significant human impacts. See 'Native" also.
Invasive exotic plant shall mean an exotic plant species that has escaped cultivation, naturalized, and
established in a natural area allowing it to aggressively expand and reproduce on its own, and
subsequently, alter native plant communities by out -competing for resources such as Tight, nutrients, water
and space, killing native species, or otherwise adversely affecting natural ecosystems. Invasive exotic
plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C. 5B-
57.007) or listed on the Atlantic Beach Prohibited Species List
Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass, and ground
cover; landscape water features; and nonliving durable material commonly used in landscaping, including
rocks, pebbles sand and brick pavers, but excluding impervious surfaces (pavement).
Legacy tree shall mean a tree that is of the most desirable species in Atlantic Beach, and is of a size
substantial enough to warrant an additional layer of protection. A permit is required any time a legacy tree
is removed in Atlantic Beach. Mitigation shall be the same rate for legacy trees as it is for other protected
trees.
Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees (newly
planted or relocated), or alternatively, deposit of a cash equivalent value in the tree conservation trust fund.
Native shall mean a plant species occurring within the city boundaries prior to European contact
according to the best available scientific and historical documentation. More specifically it includes those
species understood as indigenous, occurring in natural associations in habitats that existed prior to
significant human impacts and alterations of the landscape.
Naturalized exotic shall mean an exotic species that sustains itself outside cultivation.
Page 4 of 33
Nondevelopment activity shall mean any alteration of the natural environment which does not require
development plan approval or issuance of a building permit but which would include the proposed removal
or destruction of any trees or vegetation regulated by this chapter.
Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody vegetation, on
public or private property which is endangering or which in any way may endanger the public health safety,
security or usefulness of any public street, public utility line or sidewalk; also, any tree, shrub, bush, grass
or ground cover, or other woody vegetation with an infectious disease or insect problem.
Offsite shall mean any location outside the boundaries of the project site.
Onsite shall mean any location within the boundaries of the project site.
Person shall mean any landowner, lessee, building contractor, developer or other entity involved in
the use of real property, including agents, employees, independent contractors, whether persons, firms,
associations, corporations, partnerships, joint ventures, estates, trusts, business trusts, syndicates,
fiduciaries, governmental bodies, agencies or officials.
Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any
damage, abnormal growth or mortality of any tree, shrub bush, grass or ground cover, or woody vegetation.
Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to
increase usefulness, beauty and vigor.
Pruning standard shall mean 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)
Qualified professional shall mean a person who possesses, in addition to skill a special registration,
certification, or knowledge which is obtained by formal education and training, and which is inherently or
legally necessary to render him or her capable, competent, and eligible to perform the particular
responsibilities called for.
Regulated tree shall mean any tree as follows:
(1) Private regulated tree shall mean any tree on private property, except those species listed on
the Atlantic Beach Prohibited Species List, meeting the following conditions:
a. A DBH of six (6) inches or more on residentially zoned property that will be removed two (2)
years prior to or two (2) years subsequent to construction valued at over ten thousand dollars
($10,000.00);
b. Trees defined as legacy trees by this chapter;
c. A DBH of ten (10) inches or more, if zoned nonresidential.
(2) Public regulated tree shall mean any tree on public property, except those species listed on the
Atlantic Beach Prohibited Species List meeting the following conditions:
a. A DBH of six (6) inches or more.
Heritage tree shall mean any tree determined by the city commission 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 city's character specifically including all Cypress, Live Oak and Magnolia
trees with a DBH of thirty (30) inches or greater and in good condition, as determined by a
recognized knowledgeable person or qualified professional; also any tree designated as a Florida
State Champion United States Champion or World Champion by the American Forestry
Association. Heritage trees may be located within parks on street yards, or other public property.
On private property, heritage trees are voluntarily nominated by the property owner. The city
administrator shall keep a record of all heritage trees so designated and their location.
Regulated vegetation shall mean vegetation located within any area designated as an
"environmentally sensitive area," as defined by the city of Atlantic Beach Comprehensive Plan including,
(3)
Page 5 of 33
but not limited to, all wetlands, all beach and dune areas seaward of the coastal construction control line,
and all areas designated as conservation on the future land use map.
Shade tree shall mean any self-supporting woody plant of a species that is generally well -shaped,
well -branched, and well -foliated which normally grows to a minimum average height of at least thirty-five
(35) feet with a minimum average mature crown spread of at least thirty (30) feet, and which is commonly
accepted by local horticultural and arboricultural professionals as a species which can be expected to
survive for at least fifteen (15) years in a healthy and vigorous growing condition over a wide range of
environmental conditions.
Shrub shall mean a self-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 shall mean the total area within the property boundaries of a principal parcel to be developed, or
contiguous parcels intended for development under a common scheme or plan.
Stop work order, as used in this chapter, shall mean an order from the designated administrative official
to immediately halt all vegetation and tree removal, any form of site or soil disturbance, or other activity with
potential to impact trees or vegetation regulated by this chapter.
Street shall mean a public or private thoroughfare, which affords the principal means of access to
abutting property, including but not limited to alley, avenue, drive, lane place, road, street, terrace, way, or
other means of ingress or egress, regardless of the term used to describe it.
Tree shall mean any self-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 Tess than thirty (30) feet.
Tree conservation trust fund (tree fund) shall mean an account established by the city to provide an
opportunity to make equivalent value cash payment to the city in lieu of providing the required landscape
or tree stock on a site.
Tree protection plan shall mean the plan required pursuant to this chapter, identifying and showing the
location, type, size and health of existing trees, stating the ultimate disposition of the trees, showing the
type, size and location of any trees to be planted and setting forth measures to protect trees before, during
and after construction.
Tree protection zone shall mean the area located around the perimeter of the dripline of a tree 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 At the discretion of the administrator, the tree
protection zone may be reduced for trees located on smaller Tots in order to reasonably protect the tree and
facilitate construction on the development parcel.
Tree removal shall mean any act that physically removes the tree or its roots from the earth or causes
a tree to die including but not limited to, changing the natural grade above or below the root system or
around the trunk or improper pruning where the natural form of the tree is permanently changed and results
in tree death or decline.
Tree or vegetation removal permit shall mean the written authorization issued by the city 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.
Tree technical manual (TTM) shall mean a manual, developed and maintained by the city, pursuant to
this chapter, which contains the standards and specifications for sound arboricultural practices, techniques
and procedures to be practiced within the city.
Page 6 of 33
Underbrushing shall mean the removal of understory vegetation, either by hand or with the use of
equipment, which neither disturbs the soil nor causes the destruction of any tree.
Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and ground
cover species not normally considered to be trees which exist in the area below the canopy of the trees
including any tree that is less than three (3) inches DBH
Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines, herbs and
grasses, including marsh grasses and any coastal dune vegetation.
Vegetation inventory shall mean a scaled drawing which delineates the location and common and/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.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other land
development regulations contained within City Code, when it is demonstrated that compliance with such
provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A waiver
from the land development regulations may be approved by the citv commission upon showing of good
cause and upon evidence that an alternative to a specif'c provision(s) of this chapter shall be provided
which conforms to the general intent and spirit of the chapter.
Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a desired
plant
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23 9-23-10. - Reserved.
ARTICLE 111. TREE AND VEGETATION REGULATIONSW
Footnotes:
(2)
Editor's note— Section 2(Exh. A) of Ord. No. 95-10-101, adopted Feb. 22, 2010, amended art. III in its
entirety to read as herein set out. Former art. III, §§ 23-11-23 16, 23-21-23 26, 23-30-23 37, 23-40,
23-41 and 23-46-23 51 pertained to similar subject matter, and derived from Ord. No. 95-09-98(Exh. A),
adopted Jan. 12, 2009.
D IVISION 1. IN GENERAL
S ec. 23-11. Scope.
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.
(Ord. No. 95-10-101, § 2(Exh A), 2-22-10)
D IVISION 2. ADMINISTRATION
S ec. 23-12. City commission.
The city commission shall have the following authorities and responsibilities:
Page 7 of 33
(1) To establish fees and fines related to the administrative costs of carrying out the requirements
of this chapter.
(2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of
growing and maintaining the city's community forest.
(3) To amend this chapter 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, requirement or
decision made by the administrator in the implementation of this chapter.
(Ord. No. 95-10-101, § 2(Exh A), 2-22-10)
Sec. 23-13. Administrator.
The administrator shall have the following authorities and responsibilities:
(1) To accomplish all administrative actions required by this chapter, including issuance of proper
notices; receipt and review of applications; issuance of tree and vegetation removal permits;
receipt and processing of appeals and any stop work orders.
(2) To maintain all records relating to this chapter and its administration.
(3) To provide written instructions to applicants related to the required process for applications as
required by this chapter.
(4) To receive, process and make administrative determinations on all applications for tree and
vegetation removal permits as set forth in section 23-23.
(5) To refer applications for tree and vegetation removal to other departments and agencies for
comment, as set forth in section 23-23, as may be needed.
(6) To conduct field inspections as needed to make determinations related to tree and vegetation
protection or removal.
(7) To review preliminary development plans, applications for certain building permits, including site
and lot plans with appropriate city staff, to determine whether proposed construction, alterations,
repair or enlargement of a structure is in compliance with the provisions of this chapter
(8) To recommend to the city commission projects consistent with the purpose and intent of this
chapter, with a written statement outlining the costs and benefits of such projects.
To recommend to the city commission amendments consistent with the implementation of the
purpose and intent of this chapter, with a written statement outlining the need for such changes.
(9)
(Ord. No. 95-10-101, § 2(Exh A), 2-22-10)
Sec. 23-14. Tree conservation trust fund.
(a) Establishment of trust fund. The city commission hereby recognizes and reaffirms the prior
establishment of the tree conservation trust fund ('tree 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 tree and vegetation conservation and protection. This fund shall be used solely for
the planting of trees, the protection and conservation of existing trees where appropriate or the re-
establishment of vegetative resources in the city and any other ancillary costs associated with such
activities, provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the
particular project.
(b) Terms of existence. The tree fund shall be self-perpetuating from year to year unless specifically
terminated by the city commission.
Page 8 of 33
(c) Tree fund assets. All funds received shall be placed in trust for and inure to the public use and
environmental benefit of the city. Said funds shall be used and distributed as designated by the city
commission.
(d) Tree fund administration.
(1) Trust funds shall be used only for the purposes designated by the city in accordance with the
intent of this chapter and the applicable goals, objectives and policies as set forth within the
comprehensive plan.
(2) All mitigation funds collected pursuant to this chapter shall be deposited in 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 conservation trust fund assets.
(1) Expenditures for projects funded by the tree conservation trust fund shall be made in accordance
with the established purchasing procedures of the city.
(2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation
along public rights-of-way or on properties and lands in public use that will provide needed shade,
aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and along public
roadways.
Secondarily funds may be used for purchase of landscape materials or equipment necessary
and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems
on any public land in the city, or for the funding of community educational programs which
promote enhance or implement the goals and objectives established in this chapter
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-15-23-20. - Reserved.
DIVISION 3. PERMITS
Sec. 23-21. Permits required by this chapter.
Unless specifically exempted within following section 23-22, permits are required for removal of trees
on all lands within the City of Atlantic Beach, which shall include the following:
(1) New development on any previously undeveloped lands, or redevelopment on any vacant land
where structures may have been fully or partially cleared.
62) Major development on all existing developed sites having any structure or vehicle use areas
where additions, renovations, upgrades or site changes are intended or anticipated within a two-
year period of time when any such activity is valued at ten thousand dollars ($10,000.00) or more.
Where value is in question, determination shall be made by the budding official
Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless
of whether any future development is intended or anticipated; it being the intent of the city that no
parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated
vegetation unless mitigation or replacement as required by this chapter is provided.
Removal of any tree on the Atlantic Beach Legacy Tree List
(Ord. No. 95-10-101, § 2(Exh A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-22. Exemptions from the requirement for a permit.
Page 9 of 33
(3)
The following activities shall be exempt from the requirements to apply for and receive a tree or
vegetation removal perm't, except that none of these exemptions shall be construed to apply to any coastal
dune vegetation seaward of the coastal construction control line or to heritage trees. Such vegetation and
trees shall be fully subject to the provisions of this chapter and any state permitting requirements applying
to the coastal zone. All other development activity as described in preceding section 23-21 involving the
removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption.
The administrator may require consultation with or documentation from a certified arborist or other qualified
professional to verify certain conditions
No develoement activity or ..'. • • - • •.. . .ctivit_on previous) develo•ed
development activity involves any new construction, exterior additions, renovations
that are valued at less than tenrjhousand dollars ($10 000.00.1 For the purpose of
Wither this exemption does or does not apply, the administrator shall consider the
valuation of all permits issued two (2) years •rior a • . ear .se•uent
rgmoval If such permits collectively exceed the stated threshold, an after -the -fact
mitigation shall be required.
(2) Emergency situation. The removal of trees destroyed or severely damaged during or immediately
following an emergency (i e., hurricane, tropical storm, tornado, flood or any other act of nature)
shall be granted an exemption when the administrator determines that permitting requirements
will hamper private or public work to restore order to the city.
Safety hazard. The removal of trees that pose imminent danger to the public health, safety and
general welfare shall be granted an exemption upon inspection and determination by the
administrator that immediate removal without delay is required.
Diseased or pest -infested trees. The removal of diseased or pest -infested trees shall be granted
an exemption upon inspection and determination by the administrator that removal is needed for
the purpose of preventing the spread of disease or pests.
Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by the
Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of
Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC), the Atlantic
Beach Prohibited Species List, or some other recognized authority, shall be granted an exemption
upon inspection and verification by the administrator.
(6) Utility operations. The pruning and/or removal of trees or understory vegetation by duly
authorized communication, water, sewer, electrical or other utility companies or federal, state,
county or city 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.
Surveyors/engineers. The pruning of trees and/or removal or understory vegetation by a Florida -
licensed land surveyor or engineer in order to provide physical access or view necessary to
conduct a survey or site examination for the performance of professional duties related to land
surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is
limited to a swath of ten (10) feet or less in width. However, land clearing for surveys shall not
authorize the removal of regulated trees or regulated vegetation.
(8) 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
s
ng
cumulative
to the tree
permit and
(7)
Page 10 of 33
ervi—
subject to mitigation assessment. 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-23. Permits procedures.
(a) Application required. The applicant for a tree 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 prior to removal and prior to 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 along with the preliminary subdivision plat
application so that due consideration may be given to the protection of regulated trees and
regulated vegetation during the site planning and subdivision process. Trees to be protected shall
be noted on the final subdivision plat, and subsequent applications for individual lots or parcels
shall be consistent with the approved final subdivision plat or application for a new tree removal
permit shall be required.
After -the -fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated
vegetation prior to obtaining a permit will be required to apply for and obtain an after -the -fact
permit, and meet mitigation requirements as assessed.
(b) Sufficiency review of applications. 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 administrator may
refer the application to other city department(s) or a qualified professional consultant during
preliminary review. The applicant shall be notified if extended review by other departments and/or
professionals is required. 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.
However, an application shall be deemed abandoned thirty (30) days after the date the
administrator notifies the applicant of any deficiencies contained in the application if the applicant
has failed to submit the deficient or missing information. The administrator may, upon written
request and justification by the applicant, grant not more than one (1) 30 -day extension. At the
expiration of the extension, the application shall automatically become null and void.
(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 the agencies listed below
which have jurisdiction may be required prior to regulated tree or regulated vegetation removal from
sites contiguous to or containing environmentally sensitive areas or lands. The applicant shall obtain
this information 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) Compliance review and approval of applications. Applications will be reviewed and tree or vegetation
removal permits will be issued in accordance with the following:
(3)
Page 11 of 33
(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.
(2) Standards for review. The administrator shall consider the following in making a determination
of compliance with the provisions of this chapter.
a. Necessity to remove trees which pose a safety hazard, as determined by the director of
public works, to pedestrian or vehicular traffic, or threaten to cause disruption to public
services or result in a significant obstacle to accessing and utilizing public easements and
rights-of-way.
b. Necessity to remove trees which pose a threat to buildings and other improvements on a lot
or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non -occupied
structures that are typically caused by settling and small roots shall not be considered a
safety hazard.
c. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury, or
trees with severe structural defects that pose a safety hazard to people, buildings, or other
improvements on a lot or parcel of land
d. Necessity to remove trees in order to construct approved and permitted improvements to
allow reasonable economic enjoyment of the property.
e. Existence of any adverse site conditions which may affect the implementation of the
provisions of this chapter.
(e) Expiration of permits. Upon approval of the application by the administrator, the permit shall be issued.
Work pursuant to the permit shall commence within twelve (12) months of the date of issuance, or the
permit shall expire
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 Tots, parcels or areas of land shall be contiguous to one another and
considered as one (1) parcel for the purpose of development.
Posting of permits The permit shall be posted in a conspicuous and visible place at the front of the
property by the applicant promptly after issuance. The permit 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 to maintain the permit in a clearly visible manner at all times.
(h) Amendment of permits. Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit, and shall require payment of an administrative processing fee.
Additional information submitted with a request for permit amendment shall be adequate to fully
document the nature of the proposed change and the effect it will have on all aspects regulated by this
chapter. All plans, reports, calculations, and other information affected by the proposed amendment
shall be updated so as to maintain an accurate record of the development activity. Review time for any
changes to plans approved for a permitted site shall be the same as specified for the review of a new
application. An amendment to a permit shall not automatically extend the expiration date.
Substantial changes, including significant increases in the number of trees to be removed or land to be
cleared, increases in impervious surface area, changes to intended land use, modification of stormwater
management systems, or any other change that constitutes a major modification to a site plan or
subdivision, new phases of development or other additions, shall not be treated as amendments, but shall
require a new permit application and fee.
(i) Revocation of permits.
(f)
(g)
Page 12 of 33
(1) By administrator. The administrator may revoke any permit issued pursuant to this chapter,
following notice in writing to the permittee and after providing the permittee opportunity to respond
to the notice in either of the following circumstances:
a. The administrator finds that the permittee has continued with any development activity on a
site for which a permit was issued, while the site is under a stop work order which has not
been reversed, canceled or suspended pursuant to this chapter, except for specified
remedial work required to bring the violation into compliance with the approved permit; or
b. If the administrator finds that the approval of the permit was based on incorrect information
furnished by the applicant for the permit. Based upon such finding, however, the
administrator may make reasonably necessary accommodations to the conditions of a permit
in lieu of revoking it.
(2) Discontinuance of work. Revocation of a permit may also result in a stop work order in
accordance with section 23-48.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-17 64, § 2, 7-24-17)
Sec. 23-24. Inspections and site preparation.
(a) Inspections. The following inspections shall be conducted in conjunction with all development
activities subject to the requirement for a tree or vegetation removal permit
(1) Initial inspection. The administrator shall conduct an initial inspection of the site prior to approval
of any application.
(2) Protective barricade inspection. A protective barricade inspection shall ensure proper installation
of measures prior to the initiation of any other development activity where required as a condition
of the permit.
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.
(4) Maintenance inspections. The administrator shall have the authority to conduct on-site
maintenance inspections subsequent to final inspection and notice of completion, and to require
correction of all deficiencies and violations in accordance with this chapter
(b) Site preparation. Prior to requesting initial and/or protective barricade inspection, the applicant shall
prepare the site with proper staking and taping as necessary to allow the administrator to locate and
identify the lot or parcel to be inspected; to determine the building site; to locate the proposed buildings
or other proposed structures or improvements that will disturb vegetation, and to ensure clear
understanding between the property owner, contractor, administrator and other inspectors that may
be involved.
(1) The address or legal description of the property shall be displayed in a conspicuous manner.
(2) The property corners shall be marked according to survey with wooden stakes. Each stake shall
be flagged with surveyor's tape or with bright colored paint. Any property crossed by the coastal
construction control line shall have that line marked on the ground with conspicuous wooden
stakes and surveyor's tape or durable waterproof string and shall be clearly labeled "CCCL".
All trees to be preserved during development activities shall be barricaded according to a tree
protection plan consistent with the guidelines in the Tree Protection Guide for Builders and
Developers, published by the Florida Division of Forestry and/or any other reasonable
requirements deemed appropriate by the administrator to implement this part.
(4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint.
Page 13 of 33
(3)
(3)
(5) All trees proposed for protection as mitigation for removed trees shall be identified with blue
or green surveyors tape or paint.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-25. Appeals.
(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) 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
(Ord. No. 95-10-101, § 2(Exh A), 2-22-10; Ord. No. 5-17-64, § 3, 7-24-17)
Sec. 23-26. Fees.
(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 at any time an application is submitted for approval, amendment, or extension of a permit
required by this chapter, 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 vegetation removal permit
application fee shall cover the processing and review of the application as well as one (1) initial
inspection, one (1) protective barricade inspection one (1) final inspection and one (1)
maintenance inspection per year. Any additional inspections required due to inadequate site
preparation or reports of violation of the provisions of this chapter will be charged a reinspection
fee as provided below:
a. Single- or two-family residential uses (per lot) $ 125.00
b. Single removal of legacy tree 25.00
c. Multifamily residential uses 250.00
d. Commercial or industrial uses 250.00
e. Institutional and any other uses 250.00
(2) Minor amendments 50.00
(3) Extensions 50.00
(4) Appeals 125.00
(b) Reinspection fees. 50.00
(c) Research or extensive time fees (per hour). 50.00
(Ord. No. 95-10101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23-27-23-29. - Reserved.
Page 14 of 33
DIVISION 4. GENERAL PROVISIONS
Sec. 23-30. Minimum tree requirements.
These minimum tree requirements shall apply to all property within the city that is subject to the
provisions of this chapter. 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 24 177 of this
Municipal Code also provides additional landscaping requirements for nonresidential uses.
(1) Residential uses. For each parcel upon which a single-family, two-family or multifamily dwelling
unit, or associated residential accessory unit is proposed, or where the primary activity is
residential in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every two thousand five
hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom
preserve areas and water bodies. Of the minimum required trees, one (1) tree shall be provided
or preserved within the required front yard.
(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) four -inch caliper 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.
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 (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000)
square feet of parcel area or portion thereof, excluding therefrom preserve areas and water
bodies.
(4) Public/semi-public (governmental or institutional) uses. For each parcel upon which a
government structure or associated accessory use is proposed, or where the primary activity is
public/semi-public in nature:
One (1) four -inch caliper tree shall be planted and/or preserved for every ten thousand (10,000)
square feet of parcel area or portion thereof, excluding therefrom preserve areas and water
bodies.
(3)
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-31. General prohibitions.
(a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning
techniques on trees intended for shade purposes where such trees are required pursuant to an
approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of
trees that create a clear risk of danger to persons or property during flood, high wind or hurricane
events.
(b) Pruning or removal of city trees. It shall be unlawful to trim, prune 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.
Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for the
purpose of causing the tree to die or become diseased.
(c)
Page 15 of 33
(d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that may
be injurious or cause damage, to a tree having a diameter of three (3) or more inches caliper.
Exceptions are protective wires, braces or other devices used to support a tree.
(e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any undeveloped lot, parcel,
or lands such that the land is substantially denuded of regulated trees and regulated vegetation in any
manner or for any purpose unless a proper tree removal permit has been issued. The extent to which
removal constitutes substantial denuding shall be determined by the administrator based upon the
number, type and condition of existing on-site regulated trees and regulated vegetation in comparison
to that proposed to be removed. If clearing is authorized, the minimum requirements of section 23-30
shall be met.
Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any developed lot
such that the minimum requirements of section 23-30 are not maintained.
(f)
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-32. Tree protection during development and construction.
(a) Restrictions during construction.
(1) Placement of materials, machinery, or temporary soils. It shall be unlawful for any person(s) to
cause or allow the storage of construction materials the use of heavy equipment or machinery,
or the temporary storage of soil deposits within the tree protection zone of any tree or group of
trees to be retained.
(2) Disposal of waste materials. It shall be unlawful for any person(s) to cause or allow the disposal
of waste materials such as paint, oil, solvents, asphalt, concrete, mortar or any other material
harmful to the life of a tree within the tree protection zone of any tree or groups of trees, or where
planting beds are to be situated.
(b) Burden of tree protection on property owner. The property owner(s) and their agent(s) shall ensure
that any tree shown on the vegetation inventory for which a tree removal permit has not been obtained
is to be protected. The property owner shall guarantee survival of retained trees and replacement trees
for three (3) years from the date the city accepts the trees and landscaping as complete, unless a
greater time period is required by a development order. If a retained or replacement tree dies during
that time period, the property owner shall replace the tree in accordance with a remedial action as
required by this chapter.
(c) Protective barriers and signage required. Protective barriers and signage shall be installed around
every tree or group of trees to be preserved prior to commencement of construction, in compliance
with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida
Division of Forestry and/or any other reasonable requirements deemed appropriate by the
administrator to implement this part.
(1) Temporary protective barriers shall be placed at least six (6) feet from the base of any tree and
shall encompass at least fifty (50) percent of the area under the dripline of any tree or trees to be
preserved or retained for mitigation credit, unless otherwise approved by the administrator.
(2) Temporary protective barriers shall be at least three (3) feet high, and shall consist of either a
wood fence with two-by-four posts placed a maximum of eight (8) feet apart with a two-by-four
minimum top rail, or a mesh fence, or other similar barrier which will limit access to the protected
area, unless otherwise approved by the administrator.
Waterproof rigid sign(s) shall be affixed to each individual barricade, such that there is one (1)
sign every fifteen (15) feet along the length of the barricade The signs shall contain the following
words, and will be made available by the city at the time of permit issuance:
(3)
FIGURE 1. TREE PROTECTION ZONE SIGNAGE
Page 16 of 33
TREE PROTECTION ZONE (TPZ)
No grade change, storage of materials, vehicles or equipment is permitted within this TPZ.
This tree protection barrier must not be removed without the written authorization of the City
of Atlantic Beach. For information, call (904) 247-5800.
(d) Adjacent properties. The property owner(s) or their agent(s) shall ensure protective barricading of all
trees located on adjacent properties, that have root or branch systems that encroach upon the subject
property, and that may potentially be impacted by development activities.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-33. Mitigation to be assessed.
(a) Mitigation required. Unless mitigation in the form of payment into the tree conservation trust fund has
been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation
or preservation shall be required to offset any impacts resulting from the removal of regulated trees as
a condition of the tree or vegetation removal permit. Replacement or relocation shall be the preferred
methods of mitigation.
(b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the
following table, such that the number of inches required to be replaced, relocated or preserved (first
number) are proportional to the number the inches removed (second number):
TABLE 1. STANDARD MITIGATION ASSESSMENT
(c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of
existing trees that would otherwise be removed, or replacement with new trees, and shall occur within
Page 17 of 33
CLASSIFICATION OF PROPERTY
CLASSIFICATION OF REGULATED TREE
Protected
Heritage
Private parcels
1:2
1:1
Public parcels
1:1 2:1
Public rights-of-way, easements, etc.
1:1 3:1
Environmentally sensitive areas
2:1
3:1
Historic corridor
2:1
3:1
(c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of
existing trees that would otherwise be removed, or replacement with new trees, and shall occur within
Page 17 of 33
thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever
time is shorter, unless a greater period is provided for good cause by the permit. The applicant
assumes all duties and costs associated with mitigation.
(d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater and which are neither
protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the
other conditions stated in this section if preserved onsite.
(e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater and that would otherwise
be removed from the site because of development may be utilized as credit towards the assessed
mitigation, subject to the other conditions stated in this section, if relocated onsite.
(f) Tree replacement.
(1) Replacement size. 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.
a. Oaks shall have a minimum four -inch caliper and twelve -foot height at time of installation.
b. All other new replacement trees shall have a minimum two-inch caliper and ten -foot height
at time of installation.
c. Palms shall have a minimum clear trunk height of eight (8) feet 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, maintained and published by the city. 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. In the event that a property cannot reasonably accommodate required mitigation on site, the
property owner can get replacement credit for planting trees on an immediately adjacent
neighbor's property. This shall only be done as an alternative to payment into the tree fund
when it can be proven that a site cannot fit required replacement plantings. A signed letter
from the neighbor shall be attached with the tree permit application.
f. Atlantic Beach Recommended Species List Replacement trees shall [be] selected from the
following list. This list was created based on hardiness, disease and pest resistance,
availability, and size variance. No mitigation credit will be approved for trees that are not on
this list, unless approved by the administrator.
SHADE TREES
Common Name
!Ash, Green
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
Botanical Name
Ash, Water
Bay, Loblolly
Fraxinus pennsylvanica
Fraxinus caroliniana
Gordonia Iasianthus
Cedar, Southern Red
luniperus silicicola
Cypress, Bald
Taxodium distichum
Cypress, Pond
Taxodium ascendens
Page 18 of 33
PALM TREES
!Common Name
Botanical Name
Palm, Cabbage
Palm, Canary Island Date
Sabal palmetto
Phoenix canariensis
Palm, Pindo
Butia capitata
Palm, Sylvester Date Palm
Phoenix sylvestris
Palm, Washington
Washingtonia robusta
Page 19 of 33
Elm, American (
Ulmus americana
Ulmus american floridana
Elm, Florida
Ulmus parvifolia
Elm, Lacebark
;Hickory, Mockernut 1Carya Tomentosa
Hickory, Pecan
Carya illinoensis
Hickory, Pignut
Carya glabra
..._...... .....
Carya aquatica
Hickory, Water
Loquat Japanese Plum
Eriobotrya japonica
'Magnolia, Southern { Magnolia grandiflora
3
1 Magnolia, Sweetbay
Magnolia virginiana
Maple, Florida
Acer barbatum
Maple, Red
Acer rubrum
i
Oak, Live
Quercus virginiana
!Oak, Shumard Red
Quercus shumardii
Oak, Swamp Chesnut
Quercus michauxii
Pine, Loblolly
Pinus taeda
Pine, Long -leaf
Pinus palustris
Pine, Slash
Pinus elliottii
Sugarberry
Celtis laevigata
Sweetgum
Liquidambar styraciflua
Sycamore
Platanus occidentalis
Tupelo
Nyssa sylvatica
PALM TREES
!Common Name
Botanical Name
Palm, Cabbage
Palm, Canary Island Date
Sabal palmetto
Phoenix canariensis
Palm, Pindo
Butia capitata
Palm, Sylvester Date Palm
Phoenix sylvestris
Palm, Washington
Washingtonia robusta
Page 19 of 33
UNDERSTORY OR ORNAMENTAL TREES
Common Name
Botanical Name
Cedar, Red
Juniperus virginiana
Crape Myrtle
Lagerstroemia indica
iElm, Winged
Ulmus alata
Holly, American
Ilex opaca
Holly, Dahoon
Ilex cassine
Holly, East Palatka
Ilex attenuata
Holly, Yaupon
Ilex vomitoria
Oak, Myrtle
Quercus myrtifolia
Oak, Sand Live
Quercus geminata
Oleander
Nerium oleander
Podocarpus, Yew
Podocarpus macrophyllus
r
Privet, Glossy
Ligustrum lucidum
Privet, Japanese
Ligustrum japonicum
Redbud
Cercis canadensis
Wax Myrtle
Myrica cerifera
(2) Selection criteria.
a. New oaks shall be used to replace removed oaks. Replacement credit for oaks shall be
limited to the species listed on the Atlantic Beach Recommended Species List Upon
approval of the administrator, hardwood species yielding similar canopy may be used to
mitigate removed oaks.
b. New palms may be used as replacement trees when replacing species other than palms.
Replacement credit for palms shall be limited to forty (40) inches or fifty (50) percent of
required mitigation whichever is lesser. Replacement credit for palms shall be limited to the
species listed on the Atlantic Beach Recommended Species List Upon approval of the
administrator, a cluster of three (3) palms, subject to the other conditions of this section, may
be used to meet the requirements of a single shade tree.
c. When a legacy tree is removed, replacement credit shall only be given for the planting of a
species that is on the legacy tree list This shall not be limited to the exact same species, nor
Page 20 of 33
shall the new tree have to meet the size requirements of an established legacy tree. When
a legacy tree is removed, at least twenty-five (25) percent of mitigation shall be provided on
site in the form of replacement. Incentive credit shall be granted for the use of legacy trees
when replacing protected trees that are not on the legacy tree lost. The incentive credit is
equal to two (2) times the normal replacement credit. The following species are legacy trees:
1. Bald Cypress (Taxodium distichum) twenty (20) inches in diameter or greater.
2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar)
twenty (20) inches in diameter or greater.
3. Elm (Ulmus alata) (Winged Elm), Ulmus American flondana (Florida Elm), twenty (20)
inches in diameter or greater.
4. Oak (Quercus virginiana) (Live Oak) twenty (20) inches in diameter or greater and
(Quercus geminata) (Sand Live Oak) eight (8) inches in diameter or greater.
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut
Hickory) twenty (20) inches in dimater or greater.
Loblolly bay (Gordania lasianthus) twenty (20) inches in diameter or greater.
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay
Magnolia) twenty (20) inches in dimater or greater.
Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) twenty (20) inches
in diameter or greater.
9. Tupelo (Nyssa sylvatica) twenty (20) inches in diameter or greater.
(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 aboveground utilities and public facilities. No trees may be planted closer to
any curbs, curb lines, sidewalks or aboveground utilities than the following, except for plans
demonstrating no conflict with existing aboveground 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 (3) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall
have a minimum setback of six (6) feet.
3. Large trees with normal mature height of fifty (50) feet or more shall have a minimum
setback of ten (10) feet.
c. Spacing. The following spacing requirements shall serve as general guidelines for the optimal
growth and viability of trees, though trees may be planted closer together upon approval of
the administrator:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be
spaced at feast ten (10) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be
spaced at least twenty (20) feet.
3. Large trees with normal mature height of fifty (50) feet or more shall be spaced at least
thirty (30) feet
4. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing
requirements of the largest tree.
Page 21 of 33
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-34. Maintenance and monitoring requirements.
The applicant shall be responsible for maintaining the health of any replacement or relocation trees for
three (3) years from planting.
(1) Determination of success. The applicant shall determine the condition of each tree, three (3)
years after the tree was relocated or planted This determination shall be submitted to the city for
approval within thirty (30) days of being made
Should any tree die or be in a state of decline within three (3) years of being planted or relocated,
the applicant shall be required to replace the tree within sixty (60) days of that determination The
three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that
replacement tree is found not to be viable at the end of the second monitoring period the applicant
may pay the appropriate amount into the tree fund in lieu of planting a third replacement tree. If
the applicant fails to replace the tree or to pay the appropriate amount into the tree fund within
sixty (60) days, the applicant shall be in violation of this chapter.
(2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees, or the planting
of one hundred (100) or more replacement trees, the determination of success for the overall
mitigation effort shall be based upon a percent survival rate. A successful project shall be one (1)
in which ninety (90) percent or more of the newly planted or relocated trees are determined to be
viable after a period of three (3) years If a large-scale project is determined to be successful on
this basis, additional replacement trees will not be required.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-35 Elimination of undesirable species.
(a) The natural vegetative communities existing within the city shall be protected by the control and
elimination of non-native invasive species. To that end, the following guidelines shall apply:
(1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for
mitigation credit.
(2) Removal of nonnative invasive species from nonresidential properties (excluding jurisdictional
wetlands), shall be completed, whenever practicable as a requirement for approval of any
development permit issued by the city or the issuance of a certificate of occupancy if applicable.
Procedures for the control and elimination of non-native invasive species shall in no way promote
the proliferation of the species through the dispersal of seed or other means.
(4) Procedures for the control and elimination of non-native invasive species shall in no way harm
or cause the decline of desirable species that are to be preserved, planted or relocated.
(b) Atlantic Beach Prohibited Species List The following species or sub -species of trees are not protected
trees under this chapter, and are exempt from mitigation. The trees on this list shall not be accepted
for replacement or relocation credit.
(3)
Page 22 of 33
iAustralian pine
casuarina cunninghamiana 1
1
Australian pine thicket
casuarina glauca
Bischofia
bischofia javanica
Brazilian pepper
schinus terebinthifolius
j Camphor tree
cinnamomum camphora
Page 22 of 33
Carolina laurelcherry
Carrotwood
Castor bean
Catclaw mimosa
prunus caroliniana
cupaniopsis anacardioides
ricinus communis
mimosa pigra
Chinaberry tree
melia azedarach
Chinese tallow
Chinese wisteria
sapium sebiferum
wisteria sinensis
Climbing cassia
Earleaf acacia
senna pendula
acacia auriculiformis
Golden Raintree
koelreuteria paniculata
Guava
psidium guayava
Jambolan
syzygium cimini
Laurel fig
Lead tree
ficus microcarpa
leucanea leucocephala
Melaleuca tree
melaleuca quinquenervia
Mimosa tree
Orchid tree
Schefflera
Seaside mahoe
albizia julibrissin
bauhinia variegata
schefflera actinophylla
thespesia populnea
Shoebutton ardesia
ardisia elliptica
Strawberry guava
Woman's tongue
psidium cattleianum
albizia lebbeck
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-36 Elimination of contagious diseased and pest -infested trees
The natural and cultivated vegetative communities existing within the city shall be protected by the
control and elimination of trees afflicted with rapid -spreading contagious diseases and pests. Upon
identification and/or confirmation of such infection or infestation by a certified arborist or other qualified
professional, the city shall give notice to the property owner to remove the afflicted tree. Such tree removal
shall be exempt from the permit application requirements, as set forth in section 23-22. Further, mitigation
shall not be required, provided however, the subject property is in compliance with minimum tree
requirements, as set forth in section 23-30.
(Ord. No. 95-10-101, § 2(Exh A), 2-22-10)
Page 23 of 33
S ec. 23-37. Payment in lieu of replacement/relocation.
It is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite.
P ayment 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.
The value to be paid into the tree fund shall be established and adopted by resolution of the city commission,
and payments to the tree fund may be approved in accordance with the following provisions:
(1) For single- and two-family residential uses. If an applicant, at the time of application,
demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation
onsite, the administrator shall approve the application and issue a permit in accordance with
section 23-23 The remaining balance of the required mitigation shall be payable to the tree fund
within seven (7) days of such determination.
(2) For commercial, industrial and all other uses. Applications for tree or vegetation removal permits
for all uses and development, other than single- and two-family residential uses, shall replace or
relocate required mitigation onsite, except in cases where the administrator finds, based upon the
above stated conditions, that onsite mitigation is not possible. Upon approval of a mitigation plan
by the administrator, a permit shall be issued by the administrator, and the remaining balance of
the required mitigation shall be payable to the tree fund within seven (7) days of such
determination.
Where payment in lieu of replacement or relocation is approved, as set forth in preceding
subsections (1) or (2), the applicant shall pay the equivalent value of the portion not planted or
relocated, to the city's tree fund. The approved mitigation payment shall be payable to the tree
conservation trust fund within seven (7) calendar days of the approved mitigation order. Mitigation
payments not received within the prescribed time period shall result in the filing of a lien on the
subject property.
(3)
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-38-23-39. - Reserved.
D IVISION 5. AREAS OF SPECIAL CONCERN
S ec. 23-40. Applicability.
There exist within the city certain areas which contain trees or vegetation of special value and concern,
or areas of such great social, cultural historical ecological, environmental or economic significance that
they may warrant added measures of protection.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
S ec. 23-41. 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.
(b) Criteria. In considering whether roadways or portions thereof shall be designated as historic corridors,
the city commission may consider the following criteria:
(1) The presence of historically significant tree coverage or landscaping, as individual plants or in
groupings.
(2) The presence of culturally significant tree coverage or landscaping.
Page 24 of 33
(3) The presence of significant architectural structures with associated tree coverage or landscaping
(c) Documentation. The administrator shall maintain a record of all historic corridors so designated and
their location shall be reflected on city maps as such.
(d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within designated
historic corridors, shall be at a higher rate than removal of nondesignated tree(s), as specified in
section 23-33, as an extra measure to encourage protection of such trees.
(Ord. No. 95-10-101, § 2(Exh A), 2-22-10)
Secs. 23-42-23-45. - Reserved.
DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES
Sec 23-46. Violations.
Violations, including failure to make proper application for a tree or vegetation removal permit as
required by these provisions or failure to implement any requirements or conditions of a tree or
vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code
enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of
Ordinances and any other remedies available under applicable law.
(1) Development activity. It shall be a violation of this chapter for any person(s) to engage in
development or other activity, which has the potential to damage, destroy or remove, or cause
the destruction or removal of any tree or vegetation as regulated herein, without complying with
all applicable provisions of this chapter.
(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
during development activity.
b. Responsible individual onsite. Whenever site work is ongoing, there shall be an individual at
the site who shall be responsible for the ongoing work and who shall have the familiarity with
the project to ensure work is proceeding according to approved plans. This provision is not
intended to require that a single individual remain onsite during all operations, only that at all
times there shall be a designated person in responsible charge.
(4) Maintenance requirements. It shall be a violation of this chapter for any person(s) who is engaged
in development activity on property located within the 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 place, to fail to comply with the minimum standards and maintenance requirements
set forth herein.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-47. Notice of violation
Whenever the administrator determines that a violation of this chapter has occurred, the administrator
shall immediately issue wntten notice to the person(s) in violation, identifying the nature and location of the
violation and specifying that remedial action is necessary to bring the violation into compliance. The
Page 25 of 33
person(s) in violation shall immediately, conditions permitting, commence remedial action and shall have
seven (7) calendar days after the receipt of notice or such longer time as may be specified in the notice,
to complete the remedial actions required to bring the violation into compliance with this chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-48. Stop 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 an apparent 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 appears imminent;
(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section
is not completed in the time period specified; or
(6) Upon failure to post or have the approved permit and plans available onsite.
(b) Content and scope of stop work order. The stop work order shall specify the circumstances that have
resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial
work as is deemed necessary to bring the violation into compliance, or it may specify the cessation of
specific work by functional nature, such as land clearing regulated tree or regulated vegetation
removal, grading, roadway construction, building erection or utility construction. The order may apply
to the entire project or to geographical portions of the project that may be individually specified
(c) Failure to comply 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. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19)
Sec. 23-49. 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 resulting 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. 95-10-101, § 2(Exh. A), 2-22-10)
Page 26 of 33
Sec. 23-50. Code enforcement action.
Failure to complete remedial actions required to bring the violation into compliance with this chapter
shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the Municipal Code of
Ordinances as well as other remedies available under applicable law.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-51. Penalties.
(a) General provisions. Any person(s) violating a provision of this chapter shall be punishable according
to the law or in accordance with the findings of the duly appointed special magistrate.
(1) Violations of this chapter are considered irreparable and irreversible in nature.
(2) Each day any violation continues shall constitute a separate offense.
(3) Each regulated tree removed from a site in violation of these regulations shall constitute a
separate offense.
(4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a
separate offense.
(5) Person(s) charged with violations of this chapter may include:
a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building
or premises where such violation exists.
b. Any person(s) who maintains any land, building or premises upon which a violation exists.
c. Any person(s) who knowingly commits, takes part, or assists in such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a required tree or
vegetation removal permit has been issued, or while any violation of this chapter exists on the subject
site.
(c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions of
this chapter and recover from the violator such damages as he or she may suffer including, but not
limited to, damage to property as a result of development or failure to maintain, in violation of the terms
of this chapter.
(d) Sanctions for failure to obtain a permit.
(1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after -
the -fact permit, the fee for which shall be two (2) times the normal established application fee
specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately
complete all remedial work as necessary to stabilize the site and mitigate all damage to the site
and adjacent properties.
(2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal
established rate of mitigation specified in section 23-33.
If a lot, parcel, site or portion thereof, has been cleared such that the administrator is unable to
determine with reasonable certainty the number and size of regulated trees and/or regulated
vegetation removed in violation of this chapter, analysis of aerial photography or other such
accepted scientific methodology shall be used to make a determination as to the Toss of canopy
and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00) per
square foot of canopy or land cover lost shall be assessed by the administrator, and shall be
payable to the tree fund within seven (7) days of such assessment. No further work or
development shall proceed until the city is in receipt of any such assessed fine.
(4) Any person(s) exhibiting a documented history of chronic or repeated violations of this chapter
shall, upon third offense be reported to the Florida Department of Business and Professional
(3)
Page 27 of 33
Regulation, as well as any other authority governing licensing, registration or certification of
individuals or businesses.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19)
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 andmaintenance of public spaces located within the city
The Atlantic Ocean the St. Johns River and the Intracoastal Waterway have a great deal of influence on
the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the city. The
care and health of the coast and marsh must be paramount in every recommendation made by this
committee about the use of our land, water system and tree canopy.
(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;
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";
Page 28 of 33
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
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.
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;
Incentivizing and advocating for beautification of private and commercial spaces;
c. Reducing the number and appearance of degraded or blighted properties; and
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.
(1) Membership. The environmental stewardship committee shall be composed of eleven (11)
members. A majority of the members of the committee shall constitute a quorum No member
of the committee shall hold any other public office in violation of Article II, Section 5(a),
Florida Constitution
(2) Terms. Following the expiration of the terms of office of the inaugural board members, all
members shall serve three-year terms. Members shall not serve more than three (3)
consecutive terms on the committee. All terms shall expire on December 31 of the proper
year, provided however, that members whose terms expire shall continue to serve until
replacement appointments are effective. Any committee member who wishes to resign
should submit a letter of resignation to the chairman and city clerk. Any vacancy during the
unexpired term of an appointed member shall be filled for the remainder of the term. Should
(3)
Page 29 of 33
(3)
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.
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:
3
Member Representation
At Targe
Appointed By
Mayor (3 years)
At Targe
Mayor (4 years)
At large
Mayor (3 years)
D istrict 1308 resident
Seat 2 commissioner (3 years)
At Targe
Seat 2 commissioner (4 years)
District 1307 resident
Seat 3 commissioner (3 years)
At large
Seat 3 commissioner (4 years) 1
D istrict 1306 resident
At large
Seat 4 commissioner (3 years)
Seat 4 commissioner (4 years)
D istrict 1312 resident )Seat 5 commissioner (3 years)
At Targe
Seat 5 commissioner (4 years)
(4) Geographical requirements. There shall be at least one (1) 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.
Composition. 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 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;
h. Community engagement, and
i. Educational programming.
(5)
Page 30 of 33
(d) Organization.
(1) The committee shall meet on the second Wednesday of each month. Special meetings may
be called by the chair, provided at least forty-eight (48) hours' notice is provided and that a
majority of the members must agree to the date and time. 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
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.
The committee shall establish a tree subcommittee in accordance with subsection (f) 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. Any member on the committee may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend three
(3) consecutive meetings without prior notice to the director of planning and community
development or his/her designee and without reasonable cause shall have his office declared
vacant by the committee. The vacancy shall be promptly reported to the city clerk and filled by
the city commission.
(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 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 (1) alternate
member. The alternate shall serve in the case of the absence of any of the three (3)
members. The members of the environmental stewardship committee 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.
(3)
(5)
(2) Organization of tree subcommittee.
Page 31 of 33
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.
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.
(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 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 fifty (50) percent 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 (1) or more legacy tree(s) on any property
e. One (1) 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 twenty-four (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
permit by providing written notice to the administrator requesting further review. This
Page 32 of 33
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 -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 five -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 five -hundred
dollar ($500.00) filing fee. Where the community development board approves a tree
permit, the subject tree permit shall not be effective until the fifteen -day appeal period
has expired. Said written appeal must set forth the 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.
(Ord. No. 5-17-64, § 1, 7-24-17; Ord. No. 5-18-67, §§ 1-3, 1-14-19)
Secs. 23-53-23-60. - Reserved.
Page 33 of 33