Ordinance No. 95-07-92ORDINANCE NO. 95-07-92
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.
BE 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
number 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 site-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.
Clear cutting means the clearing of trees, including stumps, from 50% or
more of a lot, such that Staff is unable to determine with reasonable certainty the number
of protected trees removed. For Sec. 23-17 (g)(3)c purposes, the area used for
determination of fines shall be the total area of the lot that has been cleazed and grubbed
(trees, underbrush, roots, etc. removed).
(c) Sec. 23-17. Applicability; removal of trees; minimum standazds; 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, welfaze or safety, and requires immediate removal
without delay. In such instances, verbal authorization to remove such tree may be given
by the director.
Ordinance 95-07-92 Page 1 of 3
(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 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. 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 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, protected 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 ('/z) the total
caliper inches of protected trees removed, unless otherwise approved by the tree
conservation board. If multi-franked 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 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 95-07-92 Page 2 of 3
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 take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the
City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed upon first reading and by the City Commission of the City of Atlantic Beach this
22nd day of January, 2007. Passed upon final reading and public hearing this ~Z~' day
of ~.2b ru ~ r ~/ , 2007.
~~ w -
DONALD M. WOLFSON
Mayor/Presiding Officer
as to form and correctness:
City
ESQUIRE
ATTEST
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DONNA L. BUSSEY, CMC
City Clerk
Ordinance 95-07-92 Page 3 of 3