Ordinance No. 95-89-44 v ORDINANCE 95-89-44
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF ATLANTIC BEACH , AMENDING CHAPTER 23 ,
VEGETATION, BY AMENDING ARTICLE II , TREES , TO
PROVIDE FOR TREE PROTECTION, TO PROVIDE FOR A TREE
CONSERVATION BOARD , TO PROVIDE FOR PERMITS ,
INSPECTION REPORTS , REMOVAL AND MAINTENANCE OF
TREES , AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
Section 1 . Article II is amended to read TREE PROTECTION,
Sections 23-23 through 23-27 are added to Article II , and Sections
23-16 through 23-19 of Article II are amended to read:
Sec. 23-16. Definitions.
The following words and phrases, when used herein, shall have
the meanings respectively ascribed to them:
Construction : Includes erecting structures and buildings,
placement of utilities, paving, topographical changes and installation
of drainage.
DBH : The diameter breast height measured in inches at 4. 5
feet above ground level.
Designee : An appointed representative.
Development, redevelopment, renovating: Any construction for
which an application for a building permit must be made prior to
initiation of any improvement. Also, in the case of vehicular-use
paving, any preparation or pavement (concrete or asphalt) of a site
intended for any type of vehicular-use.
Developer/builder/contractor : Any person , firm or other
legal entity that purchases, agrees to purchase or otherwise holds an
interest in real property with the intent to, or, in fact does develop
said property for any construction (by himself or others) thereon for
which an application for a building permit will ultimately be
required.
Dominant species: The specie occurring most frequently.
Dripline: An imaginary line extending perpendicularly down
from the outer most branches of a tree.
Excavation : The act of digging, cutting or scooping soil or
in any way changine the existing grade of the land.
Hazardous: A danger by virtue of location and/or presence of
defects.
Municipal: Of or belonging to the city.
Park: All public parks owned by the city.
Positional conflict: By virtue of its location, the tree ' s
dripline is encroached upon by site alterations.
Property owner: The person owning the property as shown in
the county tax roles.
Protective barrier : A man-made barricade to prevent
disturbance of the trees growing environment.
Public place : All grounds owned by the city.
Razing: To scrape, cut or otherwise remove existing trees.
Site alterations: Any manmade change, disturbance or damage
to the existing topography or trees.
Street: The entire width of public right-of-way.
Tree: Any self-supporting woody plant of a species which
normally grows to an overall height of a minimum of fifteen ( 15 ) feet
in this area, and is six ( 6 ) inches or larger in diameter at four and
one-half ( 4 1/2 ) feet from the ground.
Tree removal : Any act causing the death and/or elimination
of a tree.
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Unique or special characteristic: A tree of unusual species,
configuration, size , age or historical background, including but not
limited to a liveoak , cypress or magnolia tree of thirty ( 30 ) inches
or more in DBH.
Sec. 23-17. Tree conservation board.
(a ) There is hereby created an administrative body to be
known as the tree conversation board composed of five ( 5 ) citizens of
the city. Each member shall be appointed and approved by the city
commission . An ex officio member shall be an individual trained in
arboriculture , landscape architecture, forestry or some other closely
related field.
( b ) All members of the board will serve without pay. The
members shall be appointed as follows: Two ( 2 ) for two ( 2 ) years and
three ( 3 ) for three ( 3 ) years and serve until their successors are
duly appointed and approved by the city commission . Successors to
the original members shall thereafter be appointed for terms of three
(3 ) years. Vacancies caused by death, resignation or otherwise, shall
be filed immediately for the unexpired term in the same manner as the
original appointments are made . Members of the board may seek
reappointment but they shall not serve more than two (2 ) consecutive
terms.
( c ) Upon appointment and approval to the board, the members
shall meet and organize by the election of a chairman and secretary .
Rules and procedures shall be adopted for the holding of regular and
special meetings as the board shall deem advisable and necessary in
order to carry out its responsibilities.
(d) It is the intent that at least two ( 2 ) members of the
board, if possible , be engaged in a business in the city.
(e) The board or its designee , shall have the authority to
issue permits and grant exceptions in accordance with the provisions
of this chapter. The board, or its designee, shall have the authority
of regulating the protection, maintenance and removal of trees on all
publicly and privately owned property as defined herein. The board or
its designee , shall have the authority to supervise or inspect all
work done under a permit issued in accordance with the provisions of
this chapter in the event any false statement or misrepresentation
lead to the issuance of the permit.
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( f ) The board shall hold bi-monthly public meetings or at
other times established by the board, to discuss issues and projects
relevant to its responsibilities. The board shall monitor the status
of tree care in the city and submit an annual report to the city
commission discussing progress , problems and needs relevant to tree
protection, maintenance , removal and planting. The board shall review
tree inspection reports as called for the section 23.21. The board
shall authorize or deny requests for tree removal as called for in
section 23 . 23 . The board shall authorize or deny requests for
exception as called for in section 23 . 25. The board shall disseminate
news and information to the public regarding the protection,
maintenance, removal and planting of trees. The board shall prepare a
list of trees suitable for planting street rights-of-way, parks, and
other public places and certain private property as may be needed.
Sec. 23-18. Permit applications.
Any person required to obtain a permit as specified by the
provisions of this chapter shall make application for same by filing a
written application at city hall . The application shall require a
written statement indicating the reason the permit is being sought and
justification for action requested, and any other data required by the
tree board and reasonably necessary to carry out its duties herein.
Sec. 23-19. Jurisdictional zones.
The following tree protection zones wherein permits are
required are hereby established:
( 1 ) Primary zone : The right-of-way of all public street
(except for a ten ( 10 ) foot clearance zone allowed for
existing electrical power lines ) municipal parks, and all
other municipally owned property.
( 2 ) Secondary zone : All property planned for , or under
development, redevelopment, razing or renovating. A person
who presently lives in his home on said lot shall be exempt.
( 3 ) Tertiary zone : Presently developed and occupied
commercial or industrial property.
Sec. 23-20 . Tree protection practices which shall be
adhered to by applicants and persons subject to this chapter.
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(a ) Prior to making site alternations within any tree
protection jurisdiction zone the party proposing the site
alterations , or his designee , shall conduct a thorough tree
inspection and written report of the site under consideration. The
purpose of the inspection is to evaluate the condition of the trees
and identify those best suited for preservation. The person
performing such task shall be an individual trained in arborculture,
landscape architecture, forestry or other closely related field.
( b) Temporary protective barriers shall be erected around
trees identified for preservation where positional conflicts with site
alteration exists . The barrier shall not be less than ten ( 10 ) feet
from the trunk , or a distance in feet from the trunk equal to the
trunks DBH measured in inches, whichever is best for the tree, and may
not be removed until all construction is complete.
(c ) Grade changes within the dripline of a tree shall be
minimized or avoided.
(d) No construction material, equipment, chemical, fill dirt
or other material shall be stored, or temporarily placed within the
dripline of a tree.
(e ) When excavation or paving occurs within a radius of ten
(10 ) feet from a tree , said tree shall be identified in a special
manner on the tree survey.
(f ) Vehicle movement shall be confined, as much as possible,
to identified corridors of ingress and egress.
(g ) No wires, advertising posters, building permits or other
contrivance shall be attached to trees.
Sec. 23-21. Tree inspection reports.
Site alteration within tree protection jurisdiction zones
shall be outlined in the tree inspection report. Compiling the
information for the report is the responsibility of the person
proposing the site alteration. The report shall be submitted to the
tree conversation board for review and comment prior to making site
changes. The report shall contain the following information:
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( a ) A description of the general vegetative characteristics
of the site including the following:
( 1 ) Dominate species of trees;
( 2 ) Estimation of average number of trees per acre ; and
( 3 ) Overall condition of the trees and their approximate
age.
( b ) A description of the criteria used in selecting trees
for preservation.
(c ) A description of tree preservation measures that will be
implemented. Also included shall be a schedule of when tree
preservation measures will be implemented.
(d) Site plot plan with location of proposed structures and
other planned features.
(e ) A description of grade changes and their location.
( f ) A description of alterations to the natural drainage
pattern.
(g) Location of vehicle ingress and egress corridors.
(h) A description of temporary protective barriers that will
be used to protect trees in positional conflict with site development.
( i ) Location of staging areas where equipment and material
will be stored.
( j ) Location and manning in which advertising posters ,
building permits, bench marks and other such items will be displayed.
( k ) At a minimum, a tree survey showing all trees wherein
construction will occur within the area of the dripline . Trees with
stems within ten ( 10 ) feet of construction shall be indicated as
follows: (
Sec. 23-22. Inspections.
The city shall have the authority to perform at least two
inspections of the subject property during development for the purpose
of ensuring compliance with this chapter. The applicant must pass
inspections before further work is performed on the project.
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Sec. 23-23. Tree removal.
(a ) No tree shall be removed from the primary jurisdiction
zone without first obtaining a permit from the tree conservation
board, or its appointed designee.
( b ) No tree with a DBH of six (6 ) inches or larger shall be
removed from the secondary or tertiary jurisdiction zone without first
obtaining a permit from the tree conservation board, or its appointed
designee, EXCEPT a person who presently lives in his home on a lot in
a secondary zone shall be exempt.
(c ) No tree of unique or special characteristic as defined
herein shall be removed from any jurisdiction zone without first
obtaining a permit from the tree conservation board, or its appointed
designee.
(d ) A dead or hazardous tree may be removed from either
jurisdiction zone without a permit from the tree conservation board if
a designee of the board has confirmed in writing the tree is indeed
dead or hazardous prior to its removal , and the location of same is
established.
Sec. 23-24. Tree maintenance
No person shall perform any tree surgery or maintenance work
on any tree in the primary jurisdiction zone without first obtaining a
permit from the tree conservation board, or its designee. Prior to
completion of a development , proper pruning may be performed.
However , public right-of-way within ten ( 10 ) feet of existing
electrical power lines shall be exempt from this requirement, but a
permit shall be obtained for the construction of new power lines. If
a permit is issued, the person receiving such permit shall abide by
the specifications and standards prescribed by the tree conservation
board, or its designee, and shall as a condition of such permit agree
to hold harmless the city and its officials from any and all liability
which might result from the work or activity authorized.
Sec. 23-25. Exceptions.
Requests for modification of the standards of this chapter
shall be made to the tree conservation board. Upon receipt of such a
request the board shall thoroughly consider its merit and render a
decision within thirty ( 30 ) days. The request shall clearly and in
detail state what modification or exception is being sought and the
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reasons such a request is warranted. The board may grant, modify or
deny the request based on protection of the public ' s interest,
preservation of the intent of this chapter or possible reasonable or
unnecessary hardship involved in the case.
Sec. 23-26. Appeals.
A decision of the tree conservation board may be appealed to
the city commission. An aggrieved party may appeal the board ' s
decision provided they file a written request for an appeal
containing the reasons therefore within ten ( 10 ) days after the
board ' s decision . Such review shall be heard by the city commission
within thirty ( 30 ) days thereafter and their decision shall be final .
Further appeals shall be made to a court of competent jurisdiction.
Sec. 23-27. Violations.
Any person violating or failing to comply with any of the
provisions of this chapter shall, upon conviction thereof , be punished
according to law. In addition, the person shall replace the tree with
a size and species recommended by the tree conservation board. Each
tree affected by noncompliance with this chapter shall constitute a
separate violation. Violation of this chapter shall be the basis of
withholding a final inspection permit and certificate of occupancy
until such violation is corrected to the satisfaction of the tree
conservation board, the city commission or the courts, whichever is
applicable.
Sec. 23-28 - 23-35. Reserved.
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Section 2 . This Ordinance shall take effect immediately
upon its final passage and adoption.
PASSED by the City Commissionon first reading , this 11th
day of December, 1989.
PASSED by the City Commission on s- •nd an• final rea. ng,
this 8th day of January , 1990.
MAUR EN KING v 'ILLIA I. GULLIFORB .
City Clerk Mayor, Presiding Of -
Approved as to form and correctness:
ALAN C. JEN N ESQUIRE
'City Attorn- •
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