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Ordinance No. 95-95-64 v 5 I ORDINANCE NO. 95-95-64 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE II, TREE PROTECTION; DELETING CERTAIN LANGUAGE AND INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City Commission of the City of Atlantic Beach desires to change the Tree Preservation Ordinance of the City, and WHEREAS those changes affect the powers, duties and authority of the Tree Conservation Board, and WHEREAS the Tree Conservation Board has suggested certain language modifications which are included herein, and WHEREAS the Tree Conservation Board has reviewed this proposed amendment and supports its adoption in its present form and content, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 23, Article II of the Code of Ordinances of the City of Atlantic Beach is hereby amended to read as follows: ARTICLE II. TREE PROTECTION Sec. 23-1. Declaration of legislative intent and public policy. It is the intent of these regulations to promote the health, safety and welfare of the current and future residents of the City of Atlantic Beach by establishing minimum standards for the protection of trees within the City of Atlantic Beach in order to: (a) Improve the aesthetic appearance of commercial, governmental, industrial, and residential areas through the protection of trees during development; (b) Improve environmental quality by recognizing the numerous beneficial effects of trees upon the environment; (c) Provide direct and important physical and psychological benefits to human beings through the preservation of trees to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development; 1 (d) Promote innovative approaches to the design, installation and maintenance of trees, thereby encouraging water and energy conservation; (e) Increase and maintain the value of land by requiring a minimum amount of trees to be incorporated into development. (I) Preserve existing natural trees and vegetation where possible; (g) Promote the conservation of potable and non-potable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials; (h) Establish procedures and standards for the administration and enforcement of this part; (j) Establish a tree fund for the collection of monies from mitigation to be used for planting of trees in areas throughout the City. Sec. 23-16. Definitions. The following words and phrases, when used herein, shall have the meanings respectively ascribed to them: (1) Buffer yard or strip means a strip of land, identified on a site plan or by zoning ordinance requirement, established to protect one type of land use from another land use that may be incompatible. The area is landscaped, maintained and kept in open space. (2) Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six (6) inches above the ground for trees up to and including four(4) inches in caliper, and measured twelve (12) inches above the ground for trees exceeding four(4) inches in caliper. (3) Construction: Includes erecting structures and buildings, placement of utilities, paving, topographical changes and installation of drainage. (4) DBH: The diameter breast height measured in inches at 4.5 feet above ground level. DBH for multi-trunked trees shall be determined by measuring each trunk immediately above the fork and adding the total inches together. (5) Designee: An appointed representative. (6) Developer/builder/contractor: Any person, firm or other legal entity that purchases, agrees to purchase or otherwise holds an interest in real property with 2 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. (7) 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. (8) Director: Community Development Director or City's representative responsible for administering building and site clearing permits. (9) Dominant species: The specie occurring most frequently. (10) Dripline: An imaginary line extending perpendicularly down from the outer-most branches of a tree. (11) Excavation: The act of digging, cutting or scooping soil or in any way changing the existing grade of the land. (12) Hazardous: A danger by virtue of location and/or presence of defects. (13) Mitigation: Trees required to be planted on property to replace a percentage of the trees removed during construction as defined in Section 23-17.3, or alternately, funds deposited in the Tree Replacement Account. (14) Municipal: Of or belonging to the City or it franchised agents. (15) Open space: All areas of natural plant communities or areas replanted with vegetation after construction, such as re-vegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns, and all other areas required to be provided as natural ground and landscaping (16) Park: All public parks owned by the City. (17) Positional conflict: By virtue of its location, the tree's drip line is encroached upon by site alterations. (18) Preserve area: Vegetative areas required to be preserved under the jurisdiction of the Florida Department of Environmental Regulation, St. Johns River Water Management District and/or the United States Army Corps of Engineers or other regulatory agencies. (19) Property owner: The person owning the property as shown in the County tax roles. 3 (20) Protected tree includes all of the following: (1) Private protected tree: Any tree on private property with: (A) with a dbh of six (6) inches or more located on any lot within twenty(20) feet of a street right-of-way(including an approved private street or other access easement) and 20 feet from the rear lot line or located within seven and one-half(7-1/2) feet of any side property line, or (B) a tree with a dbh of twenty (20) inches or more located elsewhere on a residential lot and a tree with a dbh of ten (10) inches or more located elsewhere on a commercial or industrial lot. (2) Public protected tree: Any tree located on lands owned by the City, or other governmental agencies or authorities, or any land upon which easements are imposed for the benefit of the City, or other governmental agencies or authorities, or upon which other ownership control may be exerted by the City, or other governmental agencies, or authorities, including rights-of-way, parks, public areas and easements for drainage, sewer, water and other public utilities, with: (A) a dbh of six(6) inches or more located within a City or other governmental right-of-way, or located on any parcel within twenty (20) feet of a street right-of-way or rear parcel line, or located on any parcel within seven and one-half(7-1/2) feet of any side property line, or (B) a dbh of ten (10) inches or more located elsewhere on the parcel. (3) Exceptional specimen tree means any tree which is determined by the City Commission to be of unique and intrinsic value to the general public because of its size, age, historic association, or ecological value or any tree designated a Florida State Champion, United States Champion or World Champion by the American Forestry Association. The City Clerk shall keep a record of all specimen trees so designated and their location. (21) Protective barrier: A man-made barricade to prevent disturbance of the tree's growing environment. (22) Public place: All grounds owned by the City. (23) Razing: To scrape, cut or otherwise remove existing trees. (24) Site alterations: Any manmade change, disturbance or damage to the existing 4 • topography or trees. (25) Street: The entire width of public right-of-way. (26) Tree: Any self-supporting woody plant of a species which normally grows to an overall height of a minimum of twelve (12) feet in this area. (27) Tree removal: Any act causing the death and/or elimination of a tree. (28) Tree Replacement Account: An account created by the City of Atlantic Beach to be used exclusively for funding public tree planting projects including up to ten percent (10%) of the cost for general landscape material. Donations to this account shall be on a voluntary basis and may include monies donated per Section 23-16(13). (29) Understory: Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees. (30) 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 Protection 1. Applicability. The provisions of this section shall apply to all protected trees within the City, unless specifically exempted herein. 2. Removal of protected trees prohibited; exceptions. (a) No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall cut down, remove, damage or destroy, or shall authorize the cutting down, removal, damage, or destruction of any protected tree, as defined in s. 23-16 (20) hereof, or shall commit any act or authorize the commission of any act which physically removes a protected tree or causes a tree to die, such as damage inflicted upon the root system by heavy machinery, chemicals or paving, changing the natural grade above the root system and tree damage permitting infection or pest infestation, without first having obtained a permit as herein provided. (b) The following protected trees are exempted from the provisions of this section: (1) Any tree located on any property upon which either a single-family dwelling or a mobile home on an individual lot is located unless a permit for development, redevelopment, or renovation, valued at $10,000 or 5 more, is require, or anticipated within six months following tree removal; (2) Any tree located in botanical gardens or in state-approved or government nurseries and groves which are grown for sale or public purpose; (3) Any tree that poses imminent danger to the public health, welfare or safety, and requires immediate removal without delay. In such instances, verbal authorization to remove a protected tree may be given by the Director During the period of an emergency such as a hurricane, flood or any other natural disaster, the requirements of this section may be temporarily waived by the Director, so that private or public work to restore order in the City will in no way be hampered. 3. Minimum tree standards (a) Minimum tree standards shall apply to all lots effected by permitted development, redevelopment, or renovation valued at $10,000 or more. (b) Unless otherwise provided in this section, a minimum number of trees shall be planted or preserved upon each site, pursuant to the following standards which are the minimum requirements for landscaping within the City of Atlantic Beach. Trees shall not be placed where they interfere with site drainage or where they will require frequent pruning in order to avoid interference with overhead power lines. (1) Minimum tree planting requirements for all residentially zoned property upon which either a single-family dwelling or a mobile home on an individual lot is located or to be located: One (1) 4-inch caliper tree shall be planted and/or preserved for every twenty-five hundred (2,500) square feet of lot area, or portion thereof, excluding therefrom preserve areas and water bodies. Preserving protected trees will offset this requirement. (2) Minimum tree planting requirements for all non-residential zoned property upon which either a single-family dwelling or a mobile home on an individual lot is located: (I) One (1)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 in all commercial districts, except as otherwise provided herein. (ii) One (1)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 in any industrial district or public (government)use district. 4. Permit procedure and criteria for tree removal, relocation and replacement of protected 6 trees. (a) Permits for site clearing and the removal or relocation of a protected tree shall be obtained by filing an application. Approval of the application by the Tree Conservation Board and issuance of a permit by the Director shall be required prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. The site shall be inspected to insure compliance with the approved site plan prior to any additional permits being issued. Applications for site clearing and tree removal or relocation shall include the following: (1) A site plan, at a scale which clearly illustrates the requirements of this section including the following: (a) The lot configuration; (b) The location and identification of existing and proposed improvements, if any, including structures, water retention areas, paving, grade changes, utilities, easements, and street rights-of-way or approved private streets; The location and identity by botanical or common name and dbh, of protected trees to be removed, relocated, or retained; (d) The location of preserve areas; (e) The location of ingress/egress corridors and staging areas; (f) The location of all temporary protective barriers; (g) The location of all trees to be used for mitigation credit. (2) a statement explaining why the protected tree is proposed to be removed or relocated. (b) An application for a permit for the clearing, removal or relocation of a protected tree shall be reviewed as designated in 2a above and a decision shall be made thereon within fifteen(15) working days after receipt of such application or by agreement by both parties to a time frame. Any person, organization, society, association, corporation or agent thereof who intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from a public easement, public property or right-of-way shall obtain a permit from the Director. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions of said permit. The City and its franchise agents are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of-way. 5. Mitigation criteria and procedures. (a) Any relocation of trees in compliance with this section shall be performed in accordance with accepted industry practices, including watering to insure survival 7 of transplanted stock. Transplanted trees must be guaranteed for at least one year. (b) Protected trees identified for removal on the site clearing or tree removal permit application shall be replaced with new planted trees, unprotected trees or transplanted trees. Protected oaks removed shall be replaced only with oaks. The total caliper inches of replacement trees shall equal one half('h)the total caliper inches of protected trees removed; unless otherwise approved by the Tree Conservation Board. If multi-trunked trees are used as replacement trees, then the total caliper of the four largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. No replacement will be required for protected trees which are determined by the City to be dead or deteriorated as a result of age, insects, disease, storm, fire, lightening or other acts of nature. (1) New replacement trees shall be a minimum of Florida Number One defined in the most current edition of the Grades and Standards for Nursery Plants, Part I and II, published by the Florida Department of Agriculture and Consumer Services. Trees shall be a species having an average nature crown spread of no less than thirty(30) feet in Northeast Florida. Trees shall have a minimum two (2) inch caliper and a minimum of ten (10) feet in overall height. (2) Existing trees, three (3) inch caliper or greater, which are not protected trees or transplanted, may be utilized to satisfy tree replacement requirements, subject to the conditions stated in Section 23.17, 5. (3) New, preserved non-protected, or transplanted oaks used as replacement for removed protected oaks shall be four(4) inch caliper or greater. (4) Existing protected trees which would otherwise be removed from the site because of development, may be utilized to satisfy tree replacement requirements if transplanted to a location on the site which meets the requirements of Section 23.17, 5. (5) If protected tree removal is associated with new development, the name, size and location of all replacement trees shall be shown on the required landscape plan and such trees shall be installed prior to the final building inspection and issuance of the CO. Otherwise, the name, size and location of the required replacement trees shall be shown on the site plan required for site clearing or tree removal and such trees shall be installed within the time limit stated on the site clearing or tree removal permit. (6) Existing non-protected trees, transplanted trees and new trees used for replacement become protected trees. 8 (7) Replacement trees shall be maintained by watering and guaranteeing the tree for one year. Failure to maintain the trees shall be deemed a violation of the Zoning Code. (8) A tree used for replacement shall be at least ten (10) feet from any other tree planted, transplanted or preserved. (10) If the applicant demonstrates to the satisfaction of the Director that the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the applicant shall provide a monetary contribution to the Tree Replacement Account. The amount of such contribution shall be determined as follows: For every two (2) caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a planted two (2) inch caliper nursery grown shade tree. The retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, for a container grown, and a balled and burlaped two (2) inch caliper laurel oak, multiplied by two (2). The retail value shall be recalculated and adjusted annually on October 1st. 6. Tree protection during development. All protected trees, preserved understory vegetation, and trees retained for tree credit, pursuant to Section 23.17.5 hereunder, shall be protected from injury during any land clearing or construction in the following manner: (a) Prior to any land clearing operations, tree limbs which interfere with construction shall be removed and temporary barriers shall be installed around all trees and other understory vegetation to remain within the limits of land clearing or construction and shall remain until the completion of the work. The temporary barrier shall be at least three (3) feet high, shall be placed at least six(6) feet away from the base of any tree, shall include at least 50 percent of the area under the drip line of any protected tree or trees retained for tree credit pursuant to Section 23.17. 5, and the barrier shall consist of either a wood fence with two by four (2x4) posts placed a maximum of eight (8) feet apart, with a two by four(2x4) minimum top rail, or a temporary wire mesh fence, or other similar barrier which will limit access to the protected area. Tree protection shall comply with the guidelines in the Tree Protection Guide for Builders and Developers by the Florida Division of Forestry and any other reasonable requirements deemed appropriate by the Director to implement this Part. (b) No materials, trailers, equipment or chemicals shall be stored, operated, dumped, buried or burned within the protected areas. No attachment, wires (other than protective guy wires), signs or permits shall be attached to a protected tree. When removing branches from protected trees to clear for construction or pruning to restore the natural shape of the entire tree, the guidelines in the National 9 Arborist Association Pruning Standards for Shade Trees and the American National Standards for Tree Care Operations (ANSI #Z133.1) shall be followed. Protected trees shall be pruned to remove dead or damaged limbs and to restore this natural shape and fertilized as necessary to compensate for any loss of roots and to stimulate root growth. Any damage to tree crowns or root systems shall be repaired immediately after damage occurs. 7. Enforcement; violations and penalties; stopping work, correction of violation; assessment and recovery of civil penalties. (a) Notice of violations. Whenever the Director has evidence that a violation of any provision of this subpart has been or is being committed, he shall issue a written notice or order upon the violator by personal service, certified mail or, by posting a copy in a conspicuous place on the premises where the violation has occurred or is occurring. The notice shall briefly set forth the general nature of the violation and specify the manner and a time within which the violation shall be corrected. (b) Stopping work. Failure to correct violations within the time period set forth in the Notice of Violation, shall constitute grounds for the issuance of a Stop Work Order. All work on the site shall be suspended until the violations have been corrected. Correction of violation. A violation of this ordinance shall be corrected as follows: (1) By paying the permit fee due the City for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application which would have been due had the permit been obtained prior to commencing work, and by replacing the protected trees removed without a permit with new planted trees, unprotected trees or transplanted trees. The total caliper inches of the replacement trees shall equal the total caliper inches of the protected trees removed. A tree replanting plan showing how the damage caused to the site by the violation will be mitigated shall be subject to the review and approval of the Tree Conservation Board and the trees installed within the time limit stated on the permit. Replacement trees shall meet the requirements of Section 23.17.5, except that the minimum caliper of the replacement tree shall be four(4) inches, and the plan shall meet the requirements of Section 23.17.4, to the extent applicable; or (2) By paying the permit fee due the City for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application, which would have been due had the permit been obtained prior to commencing work, and by making a contribution to the Tree Replacement Fund to compensate for each replacement tree which is not planted. The amount of such contribution shall be determined pursuant to the formula 10 described in Section 23.17, 5, b,(10); (3) If the site has been cleared and the trees have been removed from the site so that the Director is unable to determine with reasonable certainty the number of protected trees removed in violation of this subpart, the violation shall be corrected by paying a civil fine of up to $1.00 per square foot of land cleared, which fine shall be assessed by the Code Enforcement Board. The contributions and fines assessed under this subsection shall be payable to the City immediately within seven (7) days after assessment. All amounts received by the City pursuant to this subsection shall be deposited in the Tree Replacement Account. No work shall continue on the site until the tree replanting plan has been approved or the contribution and/or fine has been collected. (d) Appeals. A person aggrieved by an administrative order, determination or decision of the Director may appeal the order, determination or decision to the City Commission. (e) Violation and penalties. A person who violates any provision of this section, and fails to correct the violation as provided herein shall, upon conviction thereof, be guilty of a violation of this ordinance and punished accordingly. A separate offense shall be deemed to have been committed for each tree removed, damaged, or destroyed contrary to the provisions of this ordinance. (f) Judicial remedy. In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the City of Atlantic Beach may seek injunctive relief in the Circuit Court to enforce the provisions of this section. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs in an action where the City is successful in obtaining affirmative relief. Sec. 23-19. 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 expired 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. 11 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 shall: (1) Review applications for site clearing and removal and relocation of protected trees, and render a decision on applications within 15 calendar days of receipt of said application and prior to issuance of a permit by the Director as called for in this Article. (2) Require mitigation of protected trees as called for in this Article. (3) Bring to the attention of the Director any violations of this Chapter and recommend appropriate action toward enforcement and correction as provided in this Chapter. (4) Review and make recommendations to the Director on requests for modifications of the standards of this Chapter. (f) The Board shall hold public meetings twice monthly or at other times established by the Board, to review applications and to discuss issues and projects relevant to its responsibilities. (g) The Board shall review, approve or deny requests for tree removal as called for in Section 23.17 and may require mitigation of trees removed. In determining mitigation requirements the Board shall consider the following: 1. The existing tree canopy of the lot: 2. The tree canopy of the adjoining lots: 3. The topography of the lot: 4. The efforts of the applicant to minimize the loss of trees, through the size and design of the structure: 5. The cumulative effects of the tree loss: 6. Tree removals will be consistent with the intent of this chapter and will not be detrimental to the public welfare. (h) The Board shall authorize or deny review, approve 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. 12 Sec 23-22. Inspections. The City shall have the authority to perform 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. 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. 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. 13 SECTION 3. This Ordinance shall become effective immediately upon final passage. PASSED BY THE CITY COMMISSION ON FIRST READING: //' 027 - 95 PASSED BY THE CITY COMMISSION ON SECOND READING: -/0/ - (j(o an Fletcher, Mayor Attest: Maureen King, City Cler Approved as to Form and Correctness: A(4an Je Esquire City Attorney 14 TREE PROTECTION PROPERTY LINE PRIVATE ' PROTECTED TREE 20.00 CI) D B H TOF 6- OR MORE I 7.50"-- Oft:PRIVATE1110 1 PROTECTED I TREE 0 PRIVATE PROTECTED TREE 0 LINE PROPERTY 'Lo \I/ L.,. f 0 1 o D B H OF 20" OR MORE ` _ cc f '_// /\ °'0 PROPERTY J I110 o LINE o I (D B H OF 10" OR MORE IN = I A, COMMERCIAL & INDUSTRIAL PRIVATE L. w ) PROPERTY) PROTECTED o0J > > TREE I I ,� I -� 7.50" PRIVATE PROTECTED TREE ci D B H OF 6" OR MORE 20.00" 0 [ PROPERTY LINE (\--� aPROPERTY LINE 1 SIDE WALK SIDEWALK PUBLIC PROTECTED TREE . \� ,c+ DBHOF6'" OR MORE (PUBLIC STREET) (PUBLIC SSTREET) A. PRIVATE PROTECTED TREE 1. ANY TREE WITH A D B H OF: SIX (6) INCHES OR MORE LOCATED ON ANY LOT WITHIN TWENTY (20) FEET OF A STREET RIGHT-OF-WAY OR REAR PROPERTY LINE. SIX (6) INCHES OR MORE WITHIN SEVEN AND A HALF (7.5) FEET OF ANY OTHER PRIVATE PROPERTY LINE AND TWENTY (20) INCHES WITHIN ANY OTHER PORTION OF THE LOT. (EXCEPT 10" FOR COMMER- CIAL & INDUSTRIAL PROPERTY) 2. ANY CHAMPION TREE SO DESIGNATED BY THE FLORIDA DIVISION OF FORESTRY, DPARTMENT OF AGRICULTURE. B. PUBLIC PROTECTED TREE SAME AS PRIVATE PROTECTED TREE PLUS ANY TREE SIX (6) INCHES OR LARGER WITHIN CITY RIGHT-OF-WAY. C. EXCEPTIONAL SPECIMEN TREE ANY TREE ON PRIVATE OR PUBLIC LAND DESIGNATED BY THE CITY COUNCIL AS A SPECIMEN TREE. TREEPRO