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Ordinance No. 95-02-79ORDINANCE. NO. 95-02-79 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 23, VEGETATION; CREATING AN HISTORIC TREE PRESERVATION PROGRAM; PROVIDING GEOGRAPHIC LIMITS OF THE PROGRAM; PROVIDING PRESERVATION INCENTIVES AND REQUIREMENTS; PROVIDING-FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the City of Atlantic Beach has a number of tree lined streets which exhibit special historic, architectural or cultural value to the citizens of the City, and WHEREAS, the City. recognizes a duty to protect and enhance those roadways which serve as scenic corridors in the City, and WHEREAS, to protect and enhance these roadways, the City Commission has determined that certain roadways or portions thereof, shall be designated as Historic Preserve Corridors NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Intent. It is the intent of the City Commission in designating historic preserve corridors to protect historically significant tree coverage and landscaping from destruction and to enhance the aesthetic appearance of certain streets within the city. SECTION 2. Designation of Historic Preserve Corridors. The.City Commission may from time to time designate, by ordinance, Historic Preserve Corridors. In so doing, the City Commission will. specifically identify those streets, or portions thereof, which shall be so designated. In considering whether roadways or portions thereof shall be designated as Historic Preserve Corridors, the City Commission may consider the. following criteria: (a) The presence of historically significant tree coverage or landscaping, as individual plants or in groupings. {b) The presence of significant historic or architectural structures with associated tree coverage or landscaping. (c) The presence of culturally significant tree coverage or landscaping. (d) Requests from private property owners that colonnades on their property shall be so designated. In the event that colonnades on private property. are so designated, it shall be the responsibility of the private property owners to record a restrictive covenant or such other document as is necessary to preserve such designation on any subsequent owners of their property. SECTION 3. Effect of historic preserve corridor designation. (a) Trees or landscape groupings on streets, or portions thereof, which have been designated as Historic Preserve Corridors shall not be damaged,. mutilated or removed from public or private property by any person or entity, public or private, without prior approval of the Tree Conservation Board or the City Commission, except in the event of an emergency. Removal shall be permitted by the Tree Conservation Board or the City Commission in the following conditions: (1) When. safety of the general public or adjacent residents or property is threatened by such historic trees, or (2) Removal is necessary for ingress to and/or egress from the property, or (3) Special circumstances exist, such as the necessity of handicap accessability, which require removal, or (4) There is another valid, legitimate reason for removal. (b) Trees, tree groups, or landscape groups designated by the City Commission as apart of an Historic Preserve Corridor shall be so designated by signs or markers of a type to be determined by the City Commissian. Said signs or markers shall contain the words "Historic Preserve Corridor" and shall denote the date of designation and the historic significance of the tree, tree group or landscape group. SECTION 4. Designated Corridors. Upon designation of corridors, professional tree surveys shall be obtained and placed in the public record. -The City Commission hereby designates the following as Historic Preserve Corridors: The public colonnade of palms in the rights-of--way on the east and west sides of Ocean Boulevard and East Caast Drive from Atlantic Boulevard to Tenth Street as indicated on the survey prepared by Donn W. Boatwright dated December 27, 2000, File No. 2001-144. SECTION 5. Penalties for violation. Unauthorized damage, mutilation or removal of any tree, which is a part of any designated Historic Preserve Corridor, shall constitute a violation of this ordinance. Examples of unauthorized damage or mutilation shall include, but are not limited to, girdling of trunks with string trimmers or other lawn equipment, punctures, including those caused by tree climbing spikes, removal of live green leaves or fronds, and destruction of the root system. Page 2 of 3 Ordinance No. 95-02-79 Each violation shall be reviewed by the Tree Conservation Board which may require mitigation as provided in Article II of this Chapter, Tree Protection, Sec. 23-15 and following. SECTION 6. Severability. If any section, sentence, clause, word or phrase of this Ordinance shall be 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 7. This Ordinance shall become effective immediately upon adoption. PASSED BY THE CITY COMMISSION ON FIRST .READING: ~' a~i~„c f off, .PASSED BY THE CITY COMMISSION ON SECOND READING: ATTEST: ~D Maureen King, City ler Approved as to Form and. Correctness: lan C. J n, Esquire City A rney Page 3 of 3 Ordinance No. 95-02-79