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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.
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.
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 changing the existing grade of the land.
Hazardous: A danger by virtue of location and/or presence of
defects.
Mitigation : trees required tobe _planted on property to replace
a_ perce[ taqe_ of the trees removed during construction , or
d in the Tree RtplacementAccount .
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 tree' s 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.
Tree RtIiiacement Account : an account created by the City of
Atlantic Beach to be used exclusively for fundinapublic tree
planting prciects. Donations to this account shall be ona
voluntary basis and may include monies donated per Section
23717ig ^
Unique or special characteristic: A tree of unusual species,
configuration , size , age or historical background' including but
not limited to a live oak , 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 conservation 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 filled 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 o+ to regulate -ins' 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 and _ in the event any false statement or
misrepresentation lead to the issuance of the permit , to issue
stop work orders or revoke the permit .
( f ) The board shall hold bimonthly 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 in
section in 23-21 .
The board shall authorize or deny requests for tree removal as
called for in section 23-23 and may require mitigation of trees
removed. In determining mitigation requirements the Board shall
consider the lowinq:
1. The existing tree canopy of the lot ;
2. The tree canopy of the adjoining lots;
3 . The tolpgraphy of the lot ;
4. The efforts of the applicant to minimize the
loss of treesLthrough the size and design of
-_'-thest
ructurel
5. The cumulative effects of the tree lossi
6. Tree removals will be consistent with the
intent of this chapter and will not be
detrimental to the public welfare.
The board shall authorize or deny requests for exceptions 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.
( q) There is hereby established a fundto be known as the Tree
Replacement Fund. At the discretion of the tree removal
applicant , and in lieu of actual replacement trees on the lot or
lots in question , funds_may_1becontributed to the Tree
Replacement Fund. For every three (3) inches IBH, or fraction
.thereof ofreplacement trees red as mitigation , the
applicant may contribute asum equal_to_ the retail cost ,
installed of a three (3) inch live oak . Theczntribution
shall accompanied by a price quotation from a nursery
licensed by the state of Florida. All monies contributed to
this fund shall be restricted to f ic tree
planting projects,
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. Jurisdictionel Tenee .
The felArew�n1 tree pretezt-ion zonee where+n permite are
reef:Ai-ref.:I are hereby esteb+-iehedt.
moval in the q areas require apermit from
the Tree ConservationDesignee:
( 1 ) 9rirmery zonet- The rights-of-way of all public
streets (except for a ten ( 10) foot clearance zone
allowed for existing electrical power lines) ,
municipal parks, and all other municipally owned
property.
(2) Seeeneary Tenet- All property planned for, or
under development , redevelopment , razing or renovation
whicheffectsany tree or trees on the lot A
perenn who preeen+A7y 1--i-vee +n h+e heme en
efti-d lot ehe-l. be e,temp .
(3) Tert-i-ary Tenet. Presently developed and occupied
commercial or industrial property.
(b) Owner occupied are exempt from the
provisions ofthis Anyone required to obtain a t roe
IemovalQgrmit prior to occupying a residence shall not be
exempt issection uhaveoccupiedthat
resi den cc for at least twelve ^
Sec. 23-20. Tree protection practices which shall be adhered to
by applicants and persons subject to this chapter .
(a) Prior to making site alterations with-in eny tree
protezt-ion ...i.uri.edict-kon zone to the
provisions of thisordinance 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
arboriculture, landscape architecture, forestry or other closely
related field.
( b) Temporary protective barriers shall be erected prior to
start_of_-construction around trees identified for
preservationT where pos-i:t-4onel-- cenfli.zwi.th si+e e-Iteret+en
ettilt. 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 fer the
4. ree 2Lea:tel , 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-F as mtvetin es.
poes+6�ei- 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 conservation board for review and comment prior to
making site changes. The report shall contain the following
information :
(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 manner 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 limbs within ten ( 10) feet of construction shall also be
indicated .
Sec. 23-22 . Inspections.
The city shall have the authority to perform st feast two
f2f inspections of the subject property during development
for the purpose of ensuring compliance with this chapter. The
app+icant mwst bses inspetttinfts 6ellore ft-Arther work is performed
on the pro-fject Stop work orders may be issued if the
development act iv it ics fai 1 to comply with the conditions of the
permit or the R.rovisions of this chapter.„,
Sec. 23-23. Tree removal .
(a) No tree shs+-1. be removed from the primary 7:Furisdidtion
zone withottt first obtsining a permit from the tree conservation.
boar67 or its sppointed desinfteeT
fb* No tree with a DBH of six (6) inches or larger shall be
removed from the sezondsry or tertisry �urisdfdtion Tone
prope/:ty subiect to this chapter, as specified in Section 23-19,
without first obtaining a permit from the tree conservation
board, or its appointed designee , e�cept s person who
presemt.iy -1-ives in his home oft s i7ot in s sedondsr,y Tone shsil
be erx:empt.
( b) No tree of unique or special characteristic as defined
herein shall be removed +rom any �urindiction zone without
first obtaining a permit from the tree conservation board, or
its appointed designee.
1 ( c) Dead or hazardous trees may be removed from either
7j-ttris6iction 2tene 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 I-neat-ion. o+ eame 45 eetahl-ished.
Sec. 23-24 . Tree maintenance.
No person shall perform any tree surgery or maintenance work on
any tree �n the pri-mery ::ittri-e6-tet-inn Tnne on public
p[opy. 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
rights-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 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 unreasonable 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 toSection 1-11 of the Code of Ordinances
�ew. In addition , the person shall replace the ari
illegally removed tree with a size and species
recommended determined 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 pei-mit 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.
SECTION 2. Severability. If any section , sentence,
clause, word, or phrase of this Ordinance is held to be invalid
or unconstitutional by a court of competent jurisdiction , then
said holding shall in no way affect the validity of the
remaining portions of this Ordinance.
SECTION 3. This Ordinance shall become effective
immediately upon final passage.
PASSED BY THE CITY COMMISSION ON FIRST READING: April 10 , 1995
XXXX3M BY THE CITY COMMISSION ON SECOND READING: FAILED 4-24-95
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Lyman Fletcher, Mayor
ATTEST :
Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen , Esquire
City Attorney