Ordinance No. 95-90-47 v DID mar QA S S
ORDINANCE 95-90-47
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, AMENDING CHAP-
TER 23, VEGETATION, BY AMENDING ARTICLE II,
TREES, TO PROVIDE FOR TREE PROTECTION, TO
PROVIDE FOR A TREE CONSERVATION BOARD, TO
PROVIDE FOR PERMITS, TREE INSPECTION REPORTS,
SITE ALTERATIONS, 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. Chapter 23, Article II title is amended to
read TREE PROTECTION, and Article II is amended by the addition
of a Preamble and Statement of Intent and Sections 23-23 through
23-28 are added to Article II , and Sections 23-16 through 23-19
of Article II are amended to read:
PREAMBLE AND STATEMENT OF INTENT
The purpose and Intent of this Article is:
• To promote the health, safety, welfare and
general well-being of the citizens of Atlantic
Beach, Florida through the preservation and
proliferation of trees and vegetation within
the City;
• To protect and enhance the mature tree canopy
of the City as well as to encourage the
development of additional tree canopy.
• To promote and improve aesthetic integration
of natural and manmade environments in recog-
nition of their meaningful contribution to the
quality of life of the community;
• To promote the conservation of energy, oxygen
production, carbon dioxide absorption, and
wildlife habitat through the protection of
trees on public and private property;
• To promote the prevention of soil and beach
erosion and contribute toward the reduction of
noise, dust and air pollution by the preser-
vation, replacement and retention of trees and
vegetative cover .
Section 23-16. Definitions.
The following words and phrases , when used herein, shall
have the meanings respectively ascribed to them:
Construction: The erection of structures and buildings,
placement of utilities, paving, topographical changes and instal-
lation of drainage.
DBH: The diameter breast height measured in inches at
4 . 5 feet above ground level .
Designee: An appointed representative.
Development, redevelopment, renovation: Any construc-
tion 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 species occurring most frequent-
ly.
Drip line: 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 changing the existing grade of the land.
Hazardous : A danger by virtue of location and/or pre-
sence of defects that immediately threaten life or property.
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 drip line is encroached upon by site alterations.
Property owner : The person owning the property as shown
in the county tax roles.
Protective Barricade: A manmade barricade to prevent
disturbance of the tree ' s growing environment. The barricade
shall be substantial enough to keep out all vehicular traffic,
including but not limited to land clearing equipment, and suffi-
cient to keep equipment and vehicles outside the drip line and
off the tree ' s root systems .
Public place : All grounds owned by the city.
- 2 -
Raze: To scrape, cut or otherwise remove existing
trees.
Site alterations: Any manmade change, disturbance or
damage to the existing topography.
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 four (4) inches or larger in dia-
meter at four and one-half ( 4 1/2) feet from the ground.
Tree removal: Any act causing the death and/or elimina-
tion of the tree.
Unique or special characteristic: A tree of unusual
species, configuration, size, age or historical background, in-
cluding but not limited to a live oak, cypress or magnolia tree
of thirty ( 30) inches or more in DBH.
Section 23-17. Tree Conservation Board
(a) There is hereby created an administrative body to
be known as the Tree Conservation Board composed of five ( 5)
citizens of the city. Each member shall be appointed by the
mayor and confirmed by the City Commission. The Board shall
appoint an ex officio member who is 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 filled immediately for
the unexpired term in the same manner as the original appoint-
ments 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, organize and elect a chairman and secre-
tary. 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 of this ordinance that the members
of the Board represent a cross-section of the community so that
the Board is balanced among the various interests within the
city.
- 3 -
(e) The Board shall have the authority to issue
permits, grant exceptions, and require replacement of trees in
accordance with the provisions and intent of this chapter . The
Board may delegate to its designee, under appropriate
supervision, the authority to issue the permits. The Board shall
have the authority to regulate 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 .
( f) The Board shall hold regularly scheduled public
meetings to discuss issues and projects relevant to its
responsibilities. The Board may schedule other public meetings
if the need arises. 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 in section
23 . 23 . The Board shall authorize or deny requests for tree
removal and replacement as called for in section 23.19 . The
Board shall authorize or deny requests for exceptions as called
for in section 23 . 26 . 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 in street rights-of-way, parks, and
other public places and certain private property as may be
needed.
Section 23-18. Jurisdictional Zones.
(a) Primary Zone: The right of way of all public
streets , municipal parks and all other municipally owned real
property within the City of Atlantic Beach, Florida.
(b) Secondary Zone: All privately owned real property
within the city limits of Atlantic Beach, Florida.
(c) Tertiary zone: All commercial, industrial or
agricultural real property within the city limits of Atlantic
Beach, Florida.
Section 23-19. Tree Removal and Replacement.
(a ) No tree( s) as defined herein shall be removed from
any jurisdictional zone without first obtaining a permit from the
Tree Conservation Board, or its appointed designee.
(b) No tree( s ) of unique or special characteristic as
defined herein shall be removed from any jurisdiction zone with-
out first obtaining a permit from the Tree Conservation Board, or
its appointed designee.
- 4 -
(c) If a tree(s) is permitted to be removed, the
applicant shall replace the tree(s) with a size and species
recommended by the Board.
(d) Dead or hazardous tree(s) may be removed from any
jurisdictional zone without a permit from the Tree Conservation
Board provided its designee has confirmed in writing on the
application that the tree is dead or hazardous prior to its
removal.
(e) Exceptions Due to Emergencies. During the period
of an emergency such as a hurricane, tropical storm, tornado or
flood, the requirements of this chapter may be waived by the Tree
Conservation Board, Mayor or City Manager. The removal of all
trees destroyed or harmed during such emergency by natural forces
which are beyond saving or which are a hazard shall be except
from the provisions of this chapter for a period of thirty (30)
days following such occurrence.
Section 23-20. Tree Maintenance.
No person, business, or governmental agency shall
perform tree surgery or maintenance work on any tree in the
primary jurisdictional zone without first obtaining a permit from
the Tree Conservation Board. If a permit is issued, the
applicant receiving such permit shall abide by the specifications
and standards prescribed by the Tree Conservation Board. As a
condition of such permit, the applicant shall agree to hold the
City and its officials harmless from any and all liability which
might result from the work or activity authorized.
Section 23-21. Site Alterations.
Any person proposing site alterations within any
jurisdictional zone for the purpose of development, redevelopment
or renovation shall first obtain a permit from the Tree
Conservation Board or its appointed designee.
Section 23-22. Permit Applications.
Any person required to obtain a permit as specified by
the provisions of this chapter shall file a written application
at City Hall . The application shall require a written statement
indicating the reason the permit is being sought, the justifi-
cation for action requested, the property owner ' s signature and
any other data required by the Tree Conservation Board. If no
exception or variance is required, an application shall be acted
upon within fourteen ( 14 ) business days .
Section 23-23. Tree Inspection Report.
Tree inspection reports shall be required only by
applicants applying for permits pursuant to Section 23-21 , Site
Alterations.
- 5 -
The purpose of this report is to evaluate the condition
of the trees and identify those best suited for preservation.
Site alteration within tree protection jurisdictional
zones shall be outlined in the tree inspection report. Compiling
the information for the report is the responsibility of the per-
son proposing the site alteration. If an applicant '-s site is a
single family or duplex lot, the applicant himself may prepare
the tree inspection report. All other applicants shall have the
tree inspection report prepared by an individual trained in
arboriculture, landscape architecture, forestry, or other closely
related field. The report shall be submitted to the Tree
Conservation Board for review and comment prior to making site
changes.
The report shall contain the following information:
(a) A site plan, at a reasonable scale, shall show:
(1) All existing structures and other features on
the site.
( 2) All proposed structures and other planned
features to be erected on the site.
( 3 ) a tree survey which shows all trees on site
which come under the jurisdiction of this ordinance, giving the
DBH, drip line, species and general condition of each tree.
Trees which are to be removed shall be crossed out with an X.
Trees whose trunks are within ten feet of construction shall be
indicated by parentheses as follows: ( ) .
( 4 ) Grade changes and alterations to the natural
drainage pattern.
( 5 ) Locations of vehicle ingress and egress
corridors .
( 6 ) Locations of temporary protective barricades
that will be used to protect trees in positional conflict with
site development .
(7 ) Locations of staging areas where equipment and
material will be stored.
( b) A description of the general vegetative character-
istics of the site including the following:
( 1 ) Dominant species of trees;
( 2 ) Estimation of average number of trees per
acre; and
- 6 -
( 3) Overall condition of the trees and their ap-
proximate age.
(c) The criteria used in selecting trees for removal.
(d) A description of tree preservation measures that
will be implemented. Also included shall be a schedule of when
tree preservation measures will be implemented.
(e) Locations of advertising posters, building permits,
bench marks and other such items.
( f) The applicant shall specify the number , size and
species of trees which are to replace those removed.
Section 23-24. Tree Protection Practices.
(a) No advertising posters, building permits, bench
marks or other such items shall be attached to any tree in any
manner .
(b) Temporary protective barricades shall be erected
around all trees identified for preservation. The barricade
shall be erected no closer than the drip line of the tree or at a
greater distance, if it is necessary, to preserve the tree during
construction, and shall not be removed until certificate of occu-
pancy is issued.
(c) Relocation of trees shall be supervised by an
individual trained in arboriculture, landscape architecture,
forestry or some other closely related field.
(d) Grade changes within the drip line of a tree shall
be allowed by exception only.
(e) When grade changes occur which may affect the root
system of the tree, or if trees are relocated, all necessary
trimming of the tree necessary to preserve the tree shall be
supervised by an individual trained in arboriculture, landscape
architecture, forestry or some other closely related field.
( f ) No construction material , equipment, chemical, fill
dirt or other material shall be stored, or temporarily placed
within the drip line of a tree.
(g) When excavation, paving, or construction is
proposed within the drip line of a tree, said tree shall be
flagged in a special manner on the tree.
(h) Vehicular movement into and out of the construction
site shall be confined to identified corridors of ingress and
egress .
- 7 -
Section 23-25. Inspections.
The Tree Conservation Board or its designee shall
perform a minimum of 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.
Section 23-26. Exceptions.
Any request for modification of the provisions of this
chapter shall be made to the Tree Conservation Board. The
request shall clearly state in detail what modification or
exception is being sought and the reasons such a request is
warranted. Upon receipt of such a request the Board shall
thoroughly consider its merit and render a decision within thirty
( 30) days in writing to the applicant. 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
reasonable or undue hardship.
Section 23-27. Appeals.
A decision of the Tree Conservation Board may be appeal-
ed 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 therefor 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.
Section 23-28. Violations and Sanctions.
Any person violating or failing to comply with any of
the provisions of this chapter shall, upon conviction thereof, be
punished pursuant to Chapter 1, § 1-11 . 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. Any fines collected for
violation of this ordinance shall be credited to the beauti-
fication budget. In addition, the person violating this ordi-
nance shall replace the tree with a tree(s) with a size and
species recommended by the Tree Conservation Board.
Section 23-29 - 23-35. Reserved.
Section 2 . Chapter 23, Article II . Accumulation of
Weeds , title is amended to "Article III . Accumulation of Weeds" .
Section 3 . The effective date of this ordinance shall
be the date the ordinance is approved by the City Commission.
- 8 -
Passed by the City Commission on first reading May 14, 1990
PUBLIC HEARING HELD
Passed by the City Commission on second and final reading 5-29-90
DID NOT PASS
, 1990.
William I. Gulliford, Jr.
Mayor
ATTEST:
Maureen King, City Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney