Item 7C v
AGENDA ITEM #7C
DECEMBER 11, 2006
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ORDINANCE NO. 95-06-92
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE CODE OF ORDINANCES,
~. CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16
DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND
PROVIDING AN EFFECTIVE DATE.
SE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The following provisions of Sections 23-15, 23-16 and 23-17 of
the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to
read as follows:
"(a) Sec.23-15.Intent.
~. (5) Increase and maintain the value of land by requiring a minimum
amount of trees to be incorporated into development; enhancement of City right-of-
ways and easements with tree canopy;
(7) Promote the conservation of potable and nonpotable water by
encouraging the preservation of existing plant communities, encouraging the planting of
~"' natural or uncultivated areas, encouraging the use of sit specific plant materials;
encourage xeriscaping and use of native species;
(b) Sec. 23-16. Definitions.
Director means the city manager's
appointee responsible for administering
Tree Removal permits.
(c) Sec. 23-17. Applicability; removal of trees; minimum standards;
permits; mitigation; development; enforcement; violations and penalties.
(b)(2)(c) Any tree, including any public protected 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-pr-eteetud
such tree may be given by the director.
(d)(1) Permits for site clearing and the removal or relocation of a
protected tree, including any public protected tree in a right of way or easement by a
property owner, shall be obtained by filing an application. Approval of the application
by the tree conversation board and issuance of a permit by the director shall be required
~'" Ordinance 95-06-92 Page 1 of 3
AGENDA ITEM #7C
DECEMBER 11, 2006
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. Application for site clearing and tree removal
~" or relocation shall include the following:
(d)(2) An application for a permit for the clearing, removal or
'~" relocation of a protected tree shall be reviewed as designated in subsection (b)(1) 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 any public easement,
,, public property or right-of--way shall obtain a permit from the greeter board as
discussed in (1) above. 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 such 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.
(e)(2) 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. In general, pProtected oaks removed shall be replaced only with
oaks. With tree board concurrence, hardwood trees yielding a similar canopy may be
used. The total caliper inches of replacement trees shall equal one-half (1/z) 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 (4) 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, fire, lightening or other acts of nature.
*~ (g)(3)c. 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 [section], the violation
~'" shall be corrected by paying a civil fine of up to :9Aj five dollars ($5.00)
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."
~.
Ordinance 95-06-92 Page 2 of 3
AGENDA ITEM #7C
DECEMBER 11, 2006
+~w
SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Sec. 23-17(g)(3)d., which
section shall read as follows:
'"' "(g)(3)d. After a notice of violation has been issued by the city
inspector, an additional reinspection fee of Fifty and 00/100 Dollars ($50.00) shall be
paid to the city before any work may begin again."
~.
SECTION 3. This ordinance shall become effective immediately upon its fmal
passage and adoption.
PASSED by the Ciry Commission on first reading this day of ,
~„ 2006.
PASSED by the City Commission on second and final reading this day of
~* , 2006.
~"" ATTEST:
"~ Donna Bussey, City Clerk Donald M. Wolfson, Mayor
~.
Approved as to form and correctness:
Alan C. Jensen, City Attorney
Ordinance 95-06-92 Page 3 of 3