Ordinance No. 95-93-54 v DID NOT PASS
ORDINANCE 95-93-54
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,
TREE INSPECTION REPORTS, SITE ALTERATIONS, RE-
MOVAL AND MAINTENANCE OF TREES, PROVIDE FOR EN-
FORCEMENT OF THE ORDINANCE AND PROVIDING FOR AN
EFFECTIVE DATE, APPEALS AND EXCEPTIONS.
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 MAINTENANCE, and Article II is amen-
ded by the addition of a Preamble and Statement of Intent and
Sections 23-23 through 23-29 are added to Article II, and
Sections 23-16 through 23-19 of Article II are amended to
read:
TREE PROTECTION AND MAINTENANCE
The Purpose and Intent of this Article is:
* To promote the health, safety, welfare and general
well-being of the citizens of Atlantic Beach through
the preservation, conservation 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 ad-
ditional tree canopy;
* To promote and improve aesthetic integration of the
natural and man-made environments in recognition of
their meaningful contribution to the quality of life
of the community and its citizens;
* To promote the conservation of energy, oxygen produc-
tion, carbon dioxide absorption, and wildlife habitat
through the protection of trees on public and private
property;
* To provide for the prevent ion of soil and beach ero-
sion and to contribute toward the reduction of noise,
dust and air pollution by the preservation and reten-
tion of trees and vegetative cover.
Section 23-16. Definitions.
For the purposes of this Chapter, the fol lowing words or
phrases shall be defined as:
Buildable area: The area of property legally designated
for construction located within the Building Restriction Line
(setback) as specified by the Atlantic Beach Zoning and
Building Codes.
Clear-Cut : The removal of a majority of trees, without
a permit, from any site so that the size or identity of trees
removed cannot be determined.
DBH (Diameter Breast Height) : The trunk diameter, in
inches, measured four~ aria one-half (4 1/2) feet above the
average ground level at the tree base. Trees that fork shall
be considered multi-trunk trees and their DBH shall be deter-
mined by adding together the DBH of the three (3) largest
trunks at a height of four and one-half (4 1/2) feet above
the ground. Trees that fork between two (2) and four and
one-half (4 1/2) feet shall be measured below the swell re-
sulting from the fork.
Designee: A city employee designated to assist the
Board in carrying out its responsibilities and to act in
accordance with specific instructions issued by the Board.
Development, redevelopment, renovation: Any construct-
ion for which a building permit must be issued. In the case
of vehicular-use, any preparation or paving of a site for the
purpose of vehicular-use.
Drip line: A vertical line extending from the outer-
most branches of a tree to the ground, creating a circle
around the tree no less than a five (5) foot radius from the
center of the tree at its trunk base.
Person: Any individual, corporation, association, or
other entity; or any agent or employee thereof.
Property owner: The person identified to be the legal
owner of the property.
Protective barricade: A man-made barricade designed to
prevent disturbance of the tree' s growing environment. The
barricade shall be substantial enough to keep out vehicular
traffic and all construction equipment and material.
Site Alteration: A change to existing grade of any
property.
Specimen tree: Any Oak tree with a DBH of 36" or
greater and Magnolia tree of 24" or greater. In addition,
any tree determined by the Board to be of unique or intrin-
sic value due to its type, size, age, historical or eco-
logical characteristics, including any tree designated as a
Florida State Champion and/or National Champion by the Ameri-
can Forestry Association. The designee shall keep a record
of all specimen trees and their location.
Tree: Any self-supporting, woody plant, including palm
trees, with a DBH of six (6) inches or greater, having a
single or multiple trunk, and which normally grows to a mini-
mum height of twelve ( 1 2) feet or more.
Tree removal : Any act causing the elimination or death
of a tree or any change in its site location.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
Section 83-17. Tree Conservation Board.
(a) There is hereby created a Tree Conservation Board
comprised of five (5) citizens of the city. Each member
shall be appointed by the Mayor and confirmed by the City
Commission. The Board may appoint an ex officio member who
is an individual trained in arboriculture, landscape archi-
tecture, forestry or other related field.
(b) 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.
(c) All members of the Board shall be appointed for
terms of three (3) years and shall serve without pay. Vacan-
cies on unexpired terms shall be filled for the remainder of
the term in the same manner as the original appointment.
Board members may not serve more than two (2) consecutive
terms.
(d) The members of the Board shall annually elect a
chairman and secretary. The Board shall hold regularly sche-
duled public meetings and may schedule other public meetings
at their discretion.
(e) The Board shall have the authority to issue per-
mits, grant exceptions, recommend fines, and require re-
placement trees in accordance with the provisions and intent
of this chapter. The Board shall have the authority to reg-
ulate the protection, maintenance and removal of trees on
all property as defined in this chapter. The Board may su-
pervise and inspect all work done under a permit issued in
accordance with this chapter and shall have the authority to
issue stop-work orders for violations of the provisions and
intent of this chapter.
(f) The Board may delegate to its designee the auth-
ority to issue permits and inspect all work done under the
provisions of a permit. The designee, under the direction
of the Board, has the authority to issue stop-work orders.
(g) The Board may designate certain trees as specimen
trees, thereby affording such trees special protection.
Section 83-18. Application of the Ordinance.
The terms and provisions of this chapter shall apply to
all real property within the City of Atlantic Beach.
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Section 23-19. Tree Removal/Alteration Permit.
A. Tree removal/alteration permit shall be required for:
1. Any removal, relocat ion or destruct ion of any
specimen tree on property as described in Section
23-18.
2. Any tree removal, relocation, or destruction on
property described in Section 23-18, except by a
resident owner with a homestead exempt ion, and
within the buildable area as determined by the
designee.
3. Any tree removal, relocation, or destruction on
any property as described in section 23-18 which,
due to construction, requires obtaining a building
permit.
4. Any tree maintenance work or tree surgery performed
on any non-residential property.
5. Any department or division of the City of Atlan-
tic Beach, or any independent authority or agency
authorized to provide utility service, shall obtain
an annual permit to trim trees for maintenance
purposes.
B. Tree removal/alteration permit shall not be required for:
Any immediate safety hazard posed by specific trees
to people, adjacent buildings, pedestrian or vehicu-
lar traffic. The designee shall determine if a safety
hazard exists and issue verbal authorization for imme-
diate tree removal/alteration, without the necessity
for a written permit.
Section 23-20. Permit Criteria.
In issuing perrm: ts, the Board shall consider, at a mini-
mum, the following:
(a) Any safety hazard posed by specific trees to peo-
ple, pedestrian or vehicular traffic, and adjacent buildings.
(b) Any threat of disruption of public services posed
by a specific tree.
(c) The impact of tree removal on soil erosion or ret-
ention,
et-
ention, and on surface water flow.
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(d) The land use and ground cover of surrounding pro-
perty and the impact of tree removal on such property.
(e) The condition of the natural tree canopy of the
surrounding area and the impact of tree removal on that
canopy.
Section 23-21. Tree Protection Practices.
All trees shall be protected from injury during land
clearing or construction in the following manner:
(a) No attachment, wires (other than protective guy-
wires) , advertising posters, building permits, bench marks
or other such items shall be attached to any tree.
(b) Temporary protective barricades shall be erected
around all trees identified for preservation. The barricade
shall be erected no closer than the the drip line of any tree
or at a radius of five (5) feet from the trunk of the tree at
its base, whichever is the lesser.
(c) Protected areas shall be maintained at their orig-
inal grade, with no trenching or cutting of any roots; there
shall be no storage of fill, or compacting of soil ; no motor-
ized vehicles or equipment shall be allowed to traverse or
park within the protected area, and no dirt or any construct-
ion materials shall be stored within the barricades.
(d) Relocation of trees shall be supervised by an indi-
vidual trained in arboriculture, horticulture, landscape
architecture, forestry or other closely related field.
(e) The applicant shall not cause or allow the cleaning
of equipment, storage or disposal of materials such as paint,
solvents, asphalt, concrete, mortar, or any other material
within the drip line of the t-ee that may endanger the life
or health of the tree.
(f) Vehicular movement into and out of the construct-
ion
onstruct-
ion site shall be confined to identified corridors of ingress
and egress.
Section 23-22. Replacement and Maintenance of Trees.
A. Tree Replacement : Trees identified for removal shall be
required to be replaced by the following means, either
alone or in combination:
1. Newly planted trees at a ratio of 1 " DBH to be re-
placed for each 3" DBH removed.
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2. Transplanted trees or trees existing or, site of a
2" DBH or greater may be preserved or transplanted
on site at the same ratio.
3. If the Board determines that the site can not accom-
modate the total required replacement DBH inches,
then the applicant shall provide monetary compensa-
tion for those DBH inches that cannot be accommo-
dated on site. For every 2" DBH or fract ion thereof
of replacement DBH inches requiring compensation,
the contribution shall be the retail price of a 2"
caliper oak tree, as determined by the Board.
B. Maintenance of Replacement trees: Property owners shall
be responsible for the continuing maintenance, watering
and protection of all replacement trees. Failure to
maintain replacement trees, or to replace those replace-
ment trees which have died, shall be deemed a violation
of this chapter.
Section 23-23. Exceptions.
(a) A request for exception to any provision of this
chapter shall be made to the Board. This request shall state
in detail what exception is being sought and the reason such
request is warranted. The Board shall grant, modify, or deny
each such request.
(b) During a period of emergency, such as a hurricane,
flood, or other natural disaster, the requirements of this
Article may be temporarily waived by order of the Mayor so
that private or public work to restore the City will not be
impaired.
Section 23-24. Enforcement, Violations and Penalties.
A. Notice of violation: When the Board has evidence
that a violation of any provision of this chapter has been,
or is, being committed, the Board or its designee shall issue
a written notice to the alleged violator. The notice shall
set forth the nature of the suspected violation and the time
and date of the next scheduled Tree Conservat ion Board meet-
ing. The notice may include a Stop Work Order which may be
in effect until the Board has met.
The alleged violator shall have the right to meet with the
Board at a regularly scheduled Board meeting within sixty
(60) days. A determination will be made by the Board no
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later than sixty (60) days from the date of notification
as to the existance of a violation. If it is determined
that a violation exists, the Board shall refer the case to
the Code Enforcement Board, along with a recommended cor-
rective action.
B. Any violation of this Chapter shall be corrected as
follows:
(1) By replacing all trees removed in violation
of this Chapter. The total caliper inches of
replacement trees shall equal the total DBH
inches of trees removed. Each replacement
tree shall have a minimum sire of four (4)
caliper inches; or
(2) By paying a fine not to exceed $100. 00 per
DBH inch of trees removed; or
(3) If the site has been clear-cut, by paying a
fine not to exceed $1. 00 per square foot of
the property.
C. All fines assessed under this section shall be pay-
able to The City of Atlantic Beach, to be credited to the
Beautification account. The finding of a violation shall ex-
tend the existance of any Stop Work Order until the fine im-
posed by the Code Enforcement Board has been collected, or
until there has been compliance with any other corrective
action imposed by the Code Enforcement Board. No Certificate
of Occupancy shall be issued on property found to be in vio-
lation of this Chapter until all fines or penalties have been
satisfied.
Section 23-25. Appeals.
A decision of the designee may be appealed to the Board.
A decision of the Board may be appealed to the City Commis-
sion by filing a written statement containing the basis for
the appeal. The request for an appeal must be filed with the
City Clerk within ten ( 10) working days following the Board' s
decision. The decision of the City Commission shall be final.
Section 23-26 - 23-35 Reserved.
Section 2. Chapter 23, Article I I. Accumulation of
Weeds, title is amended to "Article '_TI. Accumulation, of
Weeds".
Section 3. Chapter 23, Section 23-29, Article I I. Re-
served for "Landscape Requirements".
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Section 4. This Ordinance shall take place effect im-
mediately upon its final passage and adoption.
PASSED by the City Commission first reading, this 11th
day of January , 1993.
PASSED by the City Commission on second and final read-
ing, this day of , 1993.
DID NOT PASS ON FINAL READING
MAUREEN KING WILLIAM I. GULLIFORD, JR.
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
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