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Item 8CAGENDA ITEM # 8C OCTOBER 13, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Draft re-write of Chapter 23, Protection of Trees and Native Vegetation SUBMITTED BY: Sonya Doerr, AICP ,d„~ Community Development Director DATE: October 02, 2008 BACKGROUND: As has been discussed many times, the "Tree Ordinance" has long been in need of an overhaul. Chapter 23 has not been substantively updated in many years. Staff committed to proceed with an update during Strategic Planning. Other legislative priorities and preparation of the Comprehensive Plan Evaluation and Appraisal Report have delayed work on the tree ordinance, although tree permit applications have been significantly diminished with the decrease in construction activity. Principal Planner/tree ordinance administrator, Erika Hall, has done thorough and extensive work to create the framework and technical background for the attached draft, which is a full re-write of existing Chapter 23. In working with Chapter 23, Erika has maintained a running list of items that need to be included or addressed in the City's regulations related to the protection of trees and vegetation. This draft maintains the same level of tree replacement requirements, mitigation assessments, and applicability thresholds as set forth in the current ordinance, with one exception. On page 14, Section 23-21 (c) is the most significant change. I have added a provision to prevent a property owner from clearing a tract of land, then waiting-out the 6-month time limit to avoid being subject to the regulations. Clearing land for the sole purpose of clearing would be subject to replacement/mitigation requirements. Modest fees for tree permit applications are included. (The current ordinance does not provide for any administrative fees.) The Tree Board has reviewed and discussed the proposed new Chapter 23, and the substantive provisions and changes to the ordinance are summarized as follows. • An extensive section of definitions and terms is included. • The responsibilities of the Commission, the Administrator and the Tree Conservation Board are clearly stated. As discussed during Strategic Planning and at last year's workshop with the Tree Board, administrative approval of applications for Tree Permits for single and two-family residential uses only, where removal/replacement/mitigation fully complies with the ordinance, will be the responsibility of the Administrator. All other applications, including new subdivisions, multi-family residential, commercial or industrial projects will continue to go to the Tree Board. • Tree Fund administration is set forth, including the establishment of application fees. • A procedure for appeals is established. • A clear application, review and permit issuance process is provided. • Permits not acted on with one year will expire. • Inspection, maintenance and monitoring provisions are provided. • A process to revoke permits is provided. • Provisions to prohibit and/or eliminate invasive species are included. • Designation (optional) of Historic Tree Corridors and Heritage Trees is provided for. • Violations, Stop Work Orders, Enforcement and penalties for unverifiable and unpermitted removal are set forth and clarified. RECOMMENDATION: Review and discussion draft only; no action required at this time. ATTACHMENTS: Draft re-write of Chapter 23, Protection of Trees and Native Vegetation BUDGET: No budget issues. REVIEWED BY CITY MANAGER: October 13, 2008 regular meeting Draft October 02, 2008 AGENDA ITEM # 8C OCTOBER 13, 2008 Chapter 23 PROTECTION OF TREES AND NATIVE VEGETATION ARTICLE I. IN GENERAL Sec. 23-1. Purpose and intent. (a) Purpose. The provisions of this Chapter are established for the purpose.of enhancing, conserving, restoring, protecting and preserving the natural environment, specifically related to Trees and native coastal Vegetation. Where appropriate, priority shall be given to the protection and preservation of existing resources. (b) Intent. The provisions of this Chapter are intended: (1) To establish efficient and effective procedures, regulations and guidelines for the protection of existing Vegetation, installation of native landscaping and maintenance thereof regarding all Vegetation, including, but not limited to, Trees, shrubs, salt marsh and beach dune grasses, and ground covers. (2) To promote and sustain community values by providing for an aesthetically pleasing environment where a dense Tree canopy is maintained and regenerated. (3) To protect natural systems and avoid impairment of their natural functions including the provision of shade and cooling on lots and development parcels, sidewalks, streets and other public places. (4) To provide protection for Environmentally Sensitive Areas. (5) To encourage protection of healthy Trees and provide for replacement and/or replanting of Trees which are necessarily removed during construction, development or redevelopment. Sec. 23-2. Applicability. All lands within the City of Atlantic Beach shall be subject to the provisions of this Chapter. Sec. 23-3. Relationship to Land Development Regulations and the Comprehensive Plan. This Chapter contains specific and detailed provisions intended to implement the related policies as set forth in the Comprehensive Plan, as may be amended. The provisions of this Chapter shall be implemented in coordination with Chapter 24 of this Code, the Land Development Regulations, and in the case of any conflict between the two Chapters, the provisions establishing the higher standard shall prevail. Draft October 02, 2008 ~ a oz Sec. 23-4. Amendments to this Chapter. The City Commission shall have the authority to amend ~ a this Chapter as needed to implement its intent, or to implement objectives and policies of the ~' `~ W~ Comprehensive Plan, or otherwise enact updates as may be appropriate. Amendment to this Chapter shall N be made in accordance with the established procedures for amending any portion of this Code of 8 ~ Ordinances. Sec. 23-5 through 23-7. Reserved. ARTICLE II. LANGUAGE AND DEFINITIONS. Sec. 23-8. Definitions. For purposes of this Chapter, the following terms shall have the meanings as set forth within this Section, and where interpretation is required, shall be interpreted so as to give these terms the meaning they have in common usage. Where applicable and appropriate to the context, definitions as set forth within Chapter 24 of this Code, State building codes or within Florida Statutes, as these may be amended, shall be used in conjunction with these terms and the requirements of this Chapter. Adverse Site Conditions shall mean existing site conditions that unfavorably affect the implementation of the provisions of this Chapter and that hinder plant viability and growth. Examples include, but are not limited to: (1) Existing topographic elevation changes that would result in the likelihood that preserve or planted materials would not survive. (2) Existing area of buried solid waste at a depth that would affect viability of preserved or planted materials. (3) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of landscape materials. (4) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species. (5) Redevelopment sites where existing landscaping does not meet current standards and where existing site conditions, such as but not limited to, impervious surface, access locations, or building locations, prevent the site from meeting the current requirements. (6) Sites where type or distribution of existing canopy or other protected Trees are such that preservation requirements would prohibit site development or conflict with required development standards, such as stormwater or roadway designs. (7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon preservation areas and/or Trees are not considered adverse site conditions. Administrator shall mean the representative of the City as designated by the City Manager to oversee administration of this Chapter. After-the fact Permit shall mean a Permit issued after a violation has occurred for the primary purpose of correcting the violation (if the activity would have been permittable) or for the purpose of bringing the violator into compliance with existing regulations. 2 Draft October 02, 2008 y ~~ Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of '~ z this Chapter. ~ ,~ Applicant shall mean the person(s), property owner, entity, or authorized agent legally designated W~ 8 representative of the property owner subject to or seeking a Tree or Vegetation Removal Permit as required by the provisions of this Chapter. Approval shall mean written permission in the form of a Tree or Vegetation Removal Permit from the Administrator pursuant to a duly executed application submitted on a form as provided by the City, authorizing the Applicant to proceed with an action as proposed within the application. Such approval may consist of limitations or conditions specific to the project. Atlantic Beach Prohibited Species List shall consist of those invasive exotic species recognized by the State of Florida as detrimental to the native ecosystems and included on the Florida Noxious Weed and Invasive Plants List (FLORIDA ADMINISTRATNE CODE r. SB-57.007) Atlantic Beach Recommended Species List shall consist of those native species best adapted to the local ecosystem and providing the most desirable characteristics to the community. Buildable Area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for the issuance of a building permit by the City, such as building setback areas, shoreline protection buffers, coastal construction setback areas, wetlands and other similar areas required pursuant to the applicable provisions of this Chapter and the Land Development Regulations. Caliper shall mean the diameter of a Tree trunk measured at a point six (6) inches above the existing grade or proposed planted grade, for Trees four (4) inches in trunk diameter and under, and twelve (12) inches above the existing grade or proposed planted grade for Trees larger than four (4) inches in trunk diameter. Caliper measurement is used in reference to nursery stock for new plantings. Canopy shall mean the horizontal extension of a Tree's branches in all directions from its trunk City shall mean the City of Atlantic Beach. Certified Arborist shall mean any person holding a valid and current arborist certification as issued by the International Society of Arboriculture (ISA). Clear-cutting shall mean the removal of Trees, including stumps, from fifty (50) percent of more of a lot, such that the Administrator is unable to determine with reasonable certainty the number of protected Trees removed. The area used for determination of fines shall be the total area of the lot that has been cleared and grubbed. Clear Trunk shall mean the height of a palm Tree measured from the ground to the point where the lowest green frond is attached to the trunk. Coastal Dune Vegetation shall mean the naturally-occurring, salt-tolerant native species of grasses, shrubs, vines and Trees that stabilize the dunes by holding existing sand and repair the dunes of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand. Community Forest shall mean the collection of Trees in and around the City including park and street yard Trees on public property, and yard Trees on private property. Crown shall mean all portions of a Tree, excluding the trunk and roots; specifically, the branches, leaves, flowers, and fruit that grow above ground. Developed Area shall mean that portion of a site upon which any building, structure, pavement, or stormwater facility is placed. Draft October 02, 2008 ~~ Development or Development Activity shall mean any alteration of the natural environment which .~ ~ °~ requires the approval of a development or site plan and issuance of a development permit; shall also ~ a include the "thinning" or removal of Trees from an undeveloped land, including that carried on in w ~ conjunction with a forest management program, and the removal of Trees incidental to the development 8 of land or to the marketing of land for development and shall also include activities defined as ~ Development with Section 24-17 of this Code of Ordinances. Diameter at Breast Height (DBH) shall mean the outside bark diameter of a Tree measured at a height of 54 inches above the naturally occurring ground level. Trees with gross abnormalities or buttressing at the breast height should be measured above or immediately adjacent to the irregularity. Trees that fork at or above breast height should be measured below breast height and recorded as a single trunk. Trees that fork below breast height should be recorded as separate DBH for each. Diseased Tree shall mean a Tree with a sustained or progressive impairment caused by a parasite, pest or infestation which seriously compromises the viability of the Tree in that it is unlikely the Tree will remain living and viable for a period of more than three years or the Tree causes other imminent peril to viable Trees, existing structures or persons in the vicinity of the diseased Tree. Any claim that a Tree is diseased for purposes of obtaining a Tree Removal Permit pursuant to the requirements of this Chapter shall be certified in writing by a Certified Arborist or other qualified Tree expert deemed acceptable by the City, and shall be considered by the City in issuing any such Permit. Drip-line shall mean the imaginary vertical plumb line that extends downward from the tips of the outermost Tree branches and intersects with the ground. Equivalent Value shall mean a monetary amount reflecting the cost of Vegetation to be replaced. Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing grade of the land. See Grading also. Excessive Pruning shall mean the substantial alteration of a Tree such that there is irreversible removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a Tree Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally, from a natural geographic range outside of Florida. Exterior Zone shall mean the outer area of a lot, public or private, defined by an imaginary line drawn parallel and offset twenty (20) feet in from the front and rear property lines and seven and one-half (7 ''/z) feet from side property lines. Grading shall mean the placement, removal or movement of earth by use of mechanical equipment on a property. See Excavation also. Ground Cover small mean a plant material which reaches an average maximum height of not more than eighteen (18) inches at maturity. Grubbing means the effective removal of understory Vegetation from a site which does not include the removal of any Trees with DBH greater than Three (3) inches. Hardwood shall mean an angiosperm, a flowering Tree or abroad-leaved Tree, as distinguished from a gymnosperm or cone-bearing Tree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical region prior to significant human impacts. See Native also. 4 Draft October 02, 2008 Interior Zone shall mean the inner area of a lot, public or private, defined by an imaginary line drawn parallel and offset twenty (20) feet in from the front and rear property lines and seven and one-half (7 'h) feet from side property lines. This area is also referred to as the Buildable Area. Invasive Exotic Plant shall mean an exotic plant species that has escaped cultivation, naturalized, and established in a natural area allowing it to aggressively expand and reproduce on its own, and subsequently, alter native plant communities by out-competing for resources such as light, nutrients, water and space, killing native species, or otherwise adversely affecting natural ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List (FLORIDA ADMINISTRATIVE CODE r. SB-57.007). Landscape Materials shall mean living material, including Trees shrubs, vines, lawn grass, and ground cover; landscape water features; and non-living durable material commonly used in landscaping, including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces (pavement). Mitigation shall mean prorated payment for Trees removed, either in terms of replacement Trees (newly planted or relocated), or alternatively, deposit of a cash equivalent value in the Tree Mitigation fund. Native shall mean a plant species occurring within the City boundaries prior to European contact according to the best available scientific and historical documentation. More specifically, it includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Naturalized Exotic shall mean an exotic species that sustains itself outside cultivation. Nondevelopment Activity shall mean any alteration of the natural environment which does not require development plan approval or issuance of a building permit, but which would include the proposed removal or destruction of any Trees or Vegetation regulated by this Chapter. Nuisance shall mean any Tree, shrub, bush, grass or groundcover, or other woody Vegetation, on public or private property which is endangering or which in any way may endanger the public health, safety, security or usefulness of any public street, public utility line or sidewalk; also, any Tree, shrub, bush, grass or groundcover, or other woody Vegetation with an infectious disease or insect problem. Offsite shall mean any location outside the boundaries of the project site, as approved by the Administrator for the purpose of Tree relocation and Tree replacement. Onsite shall mean any location within the boundaries of the project site, as approved by the Administrator for the purpose of Tree relocation and Tree replacement. Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage, abnormal growth or mortality of any Tree, shrub, bush, grass or groundcover, or woody Vegetation. Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to increase usefulness, beauty and vigor. Pruning standard shall mean the following: American National Standard Institute, Standard for Tree Care Operations -- Tree, Shrub and Other Woody Plant Maintenance -Standard Practices (ANSI A300, Current Edition); American National Standard Institute, Safety Standards for Tree Care Operators (ANSI 2133.1, Current Edition); National Arborist Association Pruning Standards for Shade Trees (Current Edition). ~~ ~z od Wa z~ W~ N ~ 8 pp n Draft October 02, 2008 ~ ~ oz Qualified Professional shall mean a person who possesses, in addition to skill, a special registration, ~ certification, or knowledge which is obtained by formal education and training, and which is inherently or legally necessary to render him or her capable, competent, and eligible to perform the particular 8 responsibilities called for. ~, ~ Regulated Tree shall mean any Tree which requires a Permit for removal or relocation, as follows: (1) Private Regulated Tree shall mean any Tree on private property, except those species listed on the Florida Noxious Weed and Invasive Plant List (current edition), meeting the following conditions: a. A DBH of six (6) inches or more, and located within the exterior zone of said private property; or b. A DBH of twenty (20) inches or more, and located within the interior zone of said private property, if zoned Residential; or c. A DBH often (10) inches or more, and located within the interior zone of said private property, if zoned Non-Residential. (2) Public Regulated Tree shall mean any Tree on public property, except those species listed on the Florida Noxious Weed and Invasive Plant List (current edition), meeting the following conditions: a. A DBH of six (6) inches or more, and located within the exterior zone of said public property; or b. A DBH often (10) or more, and located within the interior zone of said public property. (3) Heritage Tree shall mean any Tree determined by the City Commission to be of unique or intrinsic value due to its age, size, species and/or cultural, ecological or historical significance or some other contribution to the City's character, specifically including all Cypress, Live Oak and Magnolia Trees with a DBH of thirty (30) inches or greater and in good condition, as determined by a recognized knowledgeable person or qualified professional; also, any Tree designated as a Florida State Champion, United States Champion, or World Champion by the American Forestry Association. Heritage Trees may be located within parks, on street yards, or other public property. On private property, heritage Trees are voluntarily nominated by the property owner. The City Administrator shall keep a record of all Heritage Trees so designated and their location. Shade Tree shall mean any self-supporting woody plant of a species that is generally well-shaped, well- branched, and well-foliated which normally grows to a minimum average height of at least thirty-five (35) feet with a minimum average mature crown spread of at least thirty (30) feet, and which is commonly accepted by local horticultural and arboricultural professionals as a species which can be expected to survive for at least 15 years in a healthy and vigorous growing condition over a wide range of environmental conditions. Shrub shall mean aself-supporting woody perennial plant differing from a perennial herb by its persistent and woody stems and from a Tree by its low stature and habit of branching from the base. Site shall mean the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels intended for development under a common scheme or plan. Stop Work Order as used in this Chapter shall mean an order from the designated administrative official to immediately halt all Vegetation and Tree removal, any form of site or soil disturbance, or other activity with potential to impact Trees or Vegetation that is regulated by this Chapter. 6 Draft October 02, 2008 ~ ~ o~ Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting z a property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other W ~ means of ingress or egress, regardless of the term used to describe it. g ~~ Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk DBH of at least three (3) inches or more and which normally attains an overall height of at least fifteen (15) feet, usually with one (1) main stem or trunk and many branches. Trees shall be classified as follows: (1) Large: having an average mature height of fifty (50) feet or more. (2) Medium: having an average mature height of at least thirty (30) feet but less than fifty (50) feet. (3) Small: having an average mature height of at least fifteen (15) feet but less than thirty (30) feet. Tree Conservation Trust Fund (Tree Fund), shall mean an account established by the City to provide an opportunity to make equivalent value cash payment to the City in lieu of providing the required landscape or Tree stock on a site. Tree Protection Plan shall mean the plan required pursuant to this Chapter, identifying and showing the location, type, size and health of existing Trees, stating the ultimate disposition of the Trees, showing the type, size and location of any Trees to be planted and setting forth measures to protect Trees before, during and after construction. Tree Protection Zone shall mean the area located around the perimeter of the dripline of a Tree in which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles, or any other activity that in the opinion of the Administrator may damage the Tree. At the discretion of the Administrator, the Tree protection zone may be reduced for Trees located on smaller lots in order to reasonably protect the Tree and facilitate construction on the development parcel. Tree Removal shall mean any act that physically removes the Tree or its roots from the earth or causes a Tree to die, including but not limited to changing the natural grade above or below the root system or around the trunk or improper pruning where the natural form of the Tree is permanently changed and results in Tree death or decline. Tree or i~egetation Removal Permit shall mean the written authorization issued by the City to proceed with Vegetation or Tree Removal in accordance with the provisions of this Chapter, which may include Mitigation requirements and other terms and conditions as needed to create consistency with this Chapter. The terms Permit, Tree Permit, Vegetation Removal Permit or Tree Removal Permit may be used interchangeably as appropriate to the context. Tree Technical Manual (TT1l~ shall mean a manual, developed and maintained by the City, pursuant to this ordinance, which contains the standards and specifications for sound arboricultural practices, techniques and procedures to be practiced within the City. Underbrushing shall mean the removal of understory Vegetation, either by hand or with the use of equipment, which neither disturbs the soil nor causes the destruction of any Tree. Understory Vegetation shall mean assemblages of natural low-level woody, herbaceous, and groundcover species not normally considered to be Trees which exist in the area below the canopy of the Trees, including any Tree that is less than two (2) inches DBH. Vegetation shall mean any plant material, including but not limited to Trees, shrubs, vines, herbs and grasses including marsh grasses and any dune or coastal Vegetation. 7 Draft October 02, 2008 ~~ Vegetation Inventory shall mean a scaled drawing which delineates the location and common and scientific name of Vegetation upon a parcel of land, including Trees greater than three (3) inches DBH "m and palms with an overall height of more than eight (8) feet. If necessary, a survey or other N ~ pro essionally prepared document, certified as appropriate, may be required as part of the Vegetation 8 ~ inventory to specifically identify sites or Vegetation to be preserved. Viable shall mean having the capacity to live and develop. Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a desired plant. Sec. 23-9 through 23-10. Reserved. ARTICLE III. TREE AND VEGETATION REGULATIONS DIVISION 1. IN GENERAL. Sec. 23-11. Scope. The provisions of this Chapter shall be administered as set forth within this Chapter. Administrative procedures, authorities and responsibilities of the City Commission, the Administrator and the Tree Conservation Board are set forth herein. DIVISION 2. ADMINISTRATION. Sec. 23-12. City Commission. It shall be the responsibility of the City Commission to perform the following duties and responsibilities in accordance with this Chapter. (a) To appoint members to the Tree Conservation Board. (b) To establish fees and fines related to the administrative costs of carrying out the requirements of this Chapter. (c) To establish a Tree Conservation Trust Fund to collect and disburse Mitigation fees for the purpose of growing and maintaining the City's Community Forest. (d) To amend this Chapter as may be needed to accomplish the stated Purpose and Intent of this Chapter. Sec. 23-13. Administrator. The Administrator shall have the following authorities and responsibilities: (a) To accomplish all administrative actions required by this Chapter, including issuance of proper notices; receipt and review of applications; issuance of Tree and Vegetation Removal Permits; receipt and processing of appeals and any Stop Work orders. (b) To maintain all records relating to this Chapter and its administration. (c) To serve as the City's liaison to the Tree Conservation Board. (d) To provide written instructions to applicants related to the required process for applications as required by this Chapter. 8 Draft October 02, 2008 a ~~ y (e) To receive, process and make administrative determinations on all applications for Tree -and ~ >° Vegetation removal that do not require additional review by the Tree Conservation Board, other ~' m departments or agencies, except that the Administrator shall have the authority to refer any N ~ application to the Tree Conservation Board as deemed necessary by the Administrator. 8 (f) To refer applications for Tree and Vegetation removal to other departments and agencies as may be needed. (g) To conduct field inspections as needed to make determinations and advise the Tree Conservation Board or the City Commission related to Tree and Vegetation protection or removal. (h) To review preliminary development plans, applications for certain building permits, including site and lot plans, to determine whether proposed construction, alterations, repair or enlargement of a structure is in compliance with the provisions of this Chapter. (i) To post signs and provide proper notice of meetings, appeals and violations in accordance with the provisions herein, and to forward appropriate agenda information to be considered at regularly scheduled meetings of the Tree Conservation Board to members at least seven (7) days prior to the meeting date. (j) To recommend to the City Commission amendments consistent with the implementation of the purpose and intent of this Chapter, with a written statement outlining the need for such changes. Sec. 23-14. Tree Conservation Board. (a) Establishment. The City Commission hereby establishes the Tree Conservation Board ("Tree Board") for the purpose of assisting in the administration of the provisions of this Chapter as set forth herein. (b) Appointment. Tree Board members shall be appointed by the City Commission, subject to the following criteria: (1) Members shall reside within the City of Atlantic Beach. (2) No elected official or employee of the City shall be eligible to serve. (c) Term of office. The term of office shall be for two (2) years and members may serve a maximum of four (4) consecutive terms. (1) There shall be five (5) regular members. (2) Terms shall be staggered such that no more than three (3) terms expire simultaneously. (3) Any interested and eligible citizen may be appointed to the Tree Board, but those with experience or interest in the fields of arboriculture, horticulture, forestry, ecology, environmental planning, landscape architecture/design or some other closely related field shall receive preferred consideration. (d) Attendance. Members shall attend all regular and special called meetings except in cases of unforeseen or unavoidable circumstances, and as excused by the Chairperson at the following meeting. (e) Removal from office. Members serve at the pleasure of the City Commission, and may be removed at the discretion the City Commission. (1) Any member who moves outside the City or no longer meets eligibility requirements for membership shall be removed immediately, and the City Commission shall promptly fill such vacancy. 9 Draft October 02, 2008 (2) Any member who has been absent and not excused by the Chairperson for three (3) regular meetings in one (1) calendar year shall have his office declared vacant, and the City Commission shall fill such vacancy. (f) Vacancies. When a position becomes vacant before the end of the term, the City Commission shall appoint a new member to fill the vacancy for the duration of the term. When the unexpired term is two (2) months or less, the City Commission may appoint a new member to fill the unexpired term and the following full term. (g) Rules of procedure. (1) Organization. The Board shall elect a chairperson and avice-chairperson, each of which shall serve one (1) year terms. Board members shall not hold the same office for more than two (2) consecutive terms. (2) Meetings. The Board shall meet in regular session no less than once per month, except in the case when there are no business items to be considered. All meetings and hearings of the Tree Board shall be open to the public. (3) Parliamentary authority. All meetings shall be conducted in accordance with parliamentary procedure as set forth and explained in the latest revised edition of Robert's Rules of Order, which shall serve as the official rules of procedure. (4) Minutes. The Board, with the assistance of City Staff, shall keep minutes of its proceedings, indicating the attendance of each member and the decision of each member on every question. The minutes shall be signed by the chairperson and filed with the City Clerk. (h) Duties and responsibilities. The Tree Board shall have the following duties and responsibilities: (1) To consider applications referred to the Board as required by this Chapter, and to authorize issuance of Tree Removal Permits upon finding that an application complies with the provisions of this Chapter. In granting approval, the Tree Board may prescribe appropriate conditions as needed to ensure conformance with this Chapter. (2) To hear and decide appeals where it is alleged there is an error in any order, requirement or administrative decision made by the Administrator in the implementation of this Chapter. (3) To provide special meetings and workshops at which the subject of Trees and methods to appropriately protect Trees and Vegetation may be studied and discussed. (4) To conduct educational programs and work with private and public agencies and entities to establish programs for the planting and care of Trees. (5) The Tree Board may, in conformance with the provisions of this Chapter, reverse, affirm or modify, in whole or in part, any previously rendered order, requirement, decision or determination provided such action is based upon new evidence or where it is determined that a previous decision was made based upon inaccurate information. Actions of the Tree Conservation Board shall become immediately effective, unless otherwise ordered by the Board. Sec. 23-15. Tree Conservation Trust Fund. (a) Establishment of Trust Fund. The City Commission hereby establishes the Tree Conservation Trust Fund ("Tree Fund) for the purposes of using fees paid to the City as part of Tree removal Mitigation funds and any other funds deposited with the City for the purpose of Tree and Vegetation conservation, protection. This fund shall be used solely for the planting of Trees, the protection and conservation of existing Trees where appropriate, or the re-establishment of ~, n o~ tin ~ ~~ w ~ N ~ 8 ~ 10 Draft October 02, 2008 ~~ vegetative resources in the City and any other ancillary costs associated with such activities, °~ v provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the particular ~ ,~ project. W ~ N ~ (b) Terms of existence. The Tree Fund shall be self-perpetuating from year to year unless S ~ specifically terminated by the City Commission. (c) Tree Fund assets. All funds received shall be placed in trust for and inure to the public use and environmental benefit of the City. Said funds shall be used and distributed as designated by the City Commission. (d) Tree Fund administration. (1) Trust funds shall be used only for the purposes designated by the City in accordance with the intent of this Chapter and the applicable Goals, Objectives and Policies as set forth within the Comprehensive Plan. (2) All funds collected pursuant to this Chapter shall be deposited in the Tree Fund, which shall be a separate account established and maintained apart from the general revenue fund of the City. (e) Disbursal of Tree Conservation Trust Fund assets. (1) Expenditures for projects funded by the Tree Conservation Trust Fund shall be made in accordance with the established purchasing procedures of the City. (2) Priority shall be given to the use of funds for projects that plant or replace Trees or Vegetation along public right-of--ways or on properties and lands in public use that will provide needed shade, aesthetic enhancement or the re-establishment of Tree canopy in neighborhoods and along public roadways. Secondarily, funds may be used for purchase of landscape materials or equipment necessary and proper for the preservation, maintenance, relocation or restoration of Trees and ecosystems on any public land in the City, or for the funding of community educational programs which promote, enhance or implement the goals and objectives established in this Chapter. Sec. 23-16. Violations of this Chapter. Violations or failure to make application for a Tree Removal Permit as required by these provisions or failure to implement any requirements or conditions of a Tree Removal Permit shall be deemed a violation of this Chapter, and shall be subject to Code Enforcement Procedures as set forth within Chapter 2, Article V, Division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law. Sec. 23-17. Notice of Tree Conservation Board meetings. The following minimum notice requirements shall be met: (a) Sign posted. Not less than seven (7) days prior to the Tree Conservation Board meeting for final action on any application or request related to Tree or Vegetation removal, a sign identifying the application, identifying date, time and location of the public hearing shall be posted on the subject parcel. Such sign shall be placed in full view of the public street. Where the property subject to the application or request does not have frontage on a public street, the sign shall be placed on the nearest public right-of--way. (b) The Administrator may cause additional notice to be mailed, posted or published in the case where Tree or Vegetation removal has the potential to interfere with typical daily traffic or create impacts to properties other than adjoining properties. 11 Draft October 02, 2008 ~~ Sec. 23-18. through 23-20. Reserved. o 0 ~a z~ W~ 8 '~ ~° n DIVISION 3. APPLICATION PROCEDURES. Sec. 23-21. Activities subject to this Chapter. Unless specifically exempted within following Section 23-22, the provisions of this Chapter shall apply to all lands and Development, construction or clearing activities within the City of Atlantic Beach, which shall include the following. (a) New Development on any previously undeveloped lands, or redevelopment on any vacant land where structures may have been fully or partially cleared. (b) All existing Development having any structure or vehicle use areas where additions, renovations, upgrades or site changes are intended or anticipated within a one year period of time when any such activity is valued at ten thousand dollars ($10,000.00) or more. Where value is in question, such determination shall be made by the Building Official. (c) Excavation, Grading, grubbing or trenching of previously undeveloped land requiring removal of Regulated Trees required, regardless of whether any future Development is intended or anticipated; it being the intent of the City that no parcel, site or lands be indiscriminately or unnecessarily cleared of Regulated Trees and natural Vegetation unless mitigation or replacement as required by this Chapter is provided. Sec. 23-22. Exemptions. The following activities shall be exempt from the requirements to apply for and receive a Tree Removal Permit, except that none of these exemptions shall be construed to apply to any Coastal Dune Vegetation seaward of the Coastal Construction Control Line or to Heritage Trees. Such Vegetation and Trees shall be fully subject to the provisions of this Chapter and any State permitting requirements applying to the coastal zone. The person or entity claiming any exemption shall have the burden of proving entitlement to such exemption. The Administrator may require consultation with or documentation from a Certified Arborist or other qualified professional to verify certain conditions. (a) Previously developed sites. Development which involves any exterior additions, renovations or upgrades provided that such activity is valued at less than ten thousand dollars ($10,000.00.) For the purpose of determining whether this exemption does or does not apply, the Administrator shall consider the cumulative valuation of all Permits issued six (6) months prior and six (6) months subsequent to the Tree removal. If such Permits collectively exceed the stated threshold, an After-the-fact Permit and Mitigation shall be required. (b) Emergency situation. The removal of Trees destroyed or severely damaged during or immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other act of nature) shall be granted an exemption when the Administrator determines that permitting requirements will hamper private or public work to restore order to the City. (c) Safety hazard. The removal of Trees that poses imminent danger to the public health, safety and general welfare shall be granted an exemption upon inspection and determination by the Administrator that immediate removal without delay is required.. 12 Draft October 02, 2008 (d) Diseased or pest-infested Trees. The removal of diseased or pest-infested Trees shall be granted an exemption upon inspection and determination by the Administrator that removal is needed for the purpose of preventing the spread of disease or pest. (e) Noxious invasive Trees. The removal of invasive or nuisance Trees, as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC) or some other recognized authority, shall be granted an exemption upon inspection and verification by the Administrator. (f) Utility operations. The pruning and/or removal of Trees or Understory Vegetation by duly authorized communication, water, sewer, electrical or other utility companies or federal, state, county or City agencies, or engineers or surveyors working under a contract with such utility companies or agencies, shall be exempt, provided the removal is limited to those areas necessary for the maintenance of existing lines or facilities or for the construction of new lines or facilities in furtherance of providing utility service to its customers, and provided further that the activity is conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate prior notice to the City before commencing such work. (g) Surveyors/Engineers. The pruning of Trees and/or removal or Understory Vegetation by a Florida licensed land surveyor or engineer in order to provide physical access or view necessary to conduct a survey or site examination for the performance of professional duties related to land surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is limited to a swath of ten (10) feet or less in width. However, land clearing for surveys shall not authorize the removal of Regulated Trees or Vegetation. (h) Maintenance by City crews. The City shall have the right to plant, prune, maintain and remove Trees, plants and shrubs within public rights-of--way, within any utility or drainage easements or the illumination areas of street lights, and public lands as may be necessary to ensure public safety or to preserve or enhance symmetry and beauty of such public areas. The City shall not have the responsibility to maintain, prune or remove any damaged, dead or diseased Trees on any private property within the City. Sec. 23-23. Tree and Vegetation Removal Permits. (a) Permit required. It shall be unlawful for any person(s) or entity to engage in Tree or Vegetation removal within the City without obtaining a Tree Removal Permit as required by this Chapter. Where a property owner has retained and authorized a contractor or Tree removal service to perform the Tree or Vegetation removal, the contractor shall be responsible for obtaining the Permit as required by this Chapter prior to removal. Any person(s) or entity engaging in the removal of Regulated Tree(s) or Vegetation prior to obtaining a permit will be required to apply for and obtain an After-the-Fact Permit. (b) Application required. The Applicant for a Tree Removal Permit shall submit the established fee along with the application form as created and provided by the City to the designated administrative department. The application shall contain all required narrative and graphical information necessary to determine compliance with this Chapter. If the Applicant is not the property owner, proper owner's authorization shall also be required. (c) Time for application. (1) Existing lots or parcels. When a Tree or Vegetation Removal Permit is required, applications for Tree or Vegetation removal shall be made prior to removal and prior to any site disturbance or grading on a Lot or Parcel. ~~ ,.~ m od ~a z~ W~ pN O ~ ~~ 13 Draft October 02, 2008 ~~ .~ ~ (2) New or re-platted subdivisions. Applications for Tree or Vegetation removal that will be part ~ d of a new Subdivision Plat or a Re-plat shall be submitted along with the Preliminary a Subdivision Plat application so that due consideration may be given to the protection of Trees w ~ and Vegetation during the site planning and subdivision process. Trees to be protected shall g be noted on the Final Subdivision Plat, and subsequent applications for individual lots or ~ " parcels shall be consistent with the approved Final Subdivision Plat, or application for a new Tree Removal Permit shall be required. (d) Preliminary review of applications. Upon receipt of the application and appropriate fee, the Administrator shall conduct a preliminary review within five (5) business days to determine that all required information has been submitted and is sufficient for review purposes. The Administrator may refer the application to other City department(s) or a qualified professional consultant during preliminary review. The applicant shall be notified if extended review by other departments and/or professionals is required. The Applicant shall be notified of any deficient items. Upon submittal of deficient or missing information, the Administrator shall again review the application. If the requested information has not been provided or is insufficient, the Applicant shall be notified in writing that no further review will be performed until the requested information is provided and found to be sufficient. An application shall be deemed abandoned thirty (30) days after the date the Administrator notifies the Applicant of any deficiencies contained in the application. The Administrator may, upon written request and justification by the applicant, grant not more than one thirty (30) day extension. At the expiration of the extension, the application shall automatically become null and void. (e) Review by other agencies. At the discretion of the Administrator, relative to the environmental sensitivity of the site, appropriate written sign-offs, Permits or consents from the agencies listed below which have jurisdiction may be required prior to Tree or Vegetation removal from sites contiguous to or containing environmentally sensitive areas or lands. The Applicant shall obtain this information and submit the agencies' written verification to the City. (1) Army Corp of Engineers (ACOE) (2) Saint Johns River Water Management District (SJRWMD) (3) Florida Department of Environmental Protection (FDEP) (4) Florida Exotic Pest Plant Council (FEPPC) (5) Florida Committee on Rare and Endangered Plants and Animals (FCREPA) (6) Any other applicable governmental agencies extending jurisdictional controls over the site. (f) Review and approval of applications. Applications will be reviewed and Tree Removal Permits will be issued in accordance with the following. (1) Single family and two family residential uses. Once an application has been deemed complete, the Administrator shall conduct a full review of the application and approve, approve with conditions or deny the application with seven (7) business days. The Administrator shall have the discretion to refer such residential applications to the Tree Conservation Board if deemed to be appropriate. (2) Multi family residential, commercial, industrial or other uses. Once an application has been deemed complete, it will be scheduled for the next available meeting of the Tree Conservation Board. 14 Draft October 02, 2008 (3) Standards for review. The Administrator and the Tree Conservation Board shall consider the following in making a determination of compliance with the provisions of this Chapter. i. Necessity to remove Trees which pose a safety hazard, as determined by the Director of Public Works, to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utilizing public easements and rights-of--way. ii. Necessity to remove trees which pose a threat to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non-occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. iii. Necessity to remove diseased Trees or Trees weakened by age, storm, fire or other injury or Trees with severe structural defects that pose a safety hazard to people, buildings, or other improvements on a lot or parcel of land. iv. Necessity to remove Trees in order to construct approved and permitted improvements to allow reasonable economic enjoyment of the property. v. Existence of any adverse site conditions which may affect the implementation of the provisions of this Chapter. (g) Expiration of a Tree Removal Permit. Upon approval of the application by the Administrator or the Tree Conservation Board, the Tree Removal Permit shall be issued. Work pursuant to a Tree Removal Permit shall commence within twelve (months) of the date of issuance, or the Tree Removal Permit shall expire. Sec. 23-24. Inspections and Site Preparation. (a) Inspections The following inspections shall be conducted in conjunction with all development activities subject to the requirement for a Tree Removal Permit. (1) Initial inspection. The Administrator shall conduct an initial inspection of the site prior to approval of any application. (2) Protective barricade inspection. A protective barricade inspection shall ensure proper installation of measures prior to the initiation of any other Development activity where required as a condition of the Permit, and periodic and regular site visits as necessary to ensure adequate and effective protection of Trees, Vegetation and other components of the Permit. (3) Final inspection and notice of completion. A final inspection and notice of completion shall occur when all development activities permitted for the site have been completed. No certificate of occupancy shall be issued, nor any building or premises occupied, unless and until the Administrator has determined after final inspection that all work, including land clearing, Tree or Vegetation removal, Tree protection and Tree replacement, has been done in accordance with the approved Permit and plan. (4) Maintenance inspections. The Administrator shall have the authority to conduct on-site maintenance inspections subsequent to final inspection and notice of completion, and to require correction of all deficiencies and violations in accordance with this Chapter. (b) Site Preparation. Prior to requesting initial and/or protective barricade inspection, the Applicant shall prepare the site with proper staking and taping as necessary to allow the Administrator to locate and identify the lot or parcel to be inspected; to determine the building site; to locate the ~n '~ z od ~a ~~ W~ N ~ 8~ 15 Draft October 02, 2008 ~m proposed buildings or other proposed structures or improvements that will disturb Vegetation, o d and to ensure clear understanding between the property owner, contractor, Administrator and ~ a other inspectors that may be involved. W N ~ (1) The address or legal description of the property shall be displayed in a conspicuous 8 ~ manner. (2) The property corners shall be marked according to survey with wooden stakes. Each stake shall be flagged with surveyor's tape or with bright colored paint. Any property crossed by the Coastal Construction Control Line shall have that line marked on the ground with conspicuous wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled "CCCL". (3) All Trees to be preserved during Development activities shall be barricaded according to a Tree Protection Plan consistent with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the Administrator to implement this part. (4) All Trees proposed for removal shall be identified with red or orange surveyor's tape or paint. (5) All Trees proposed for protection as Mitigation for removed Trees shall be identified with blue or green surveyor's tape or paint. Sec. 23-25. Content of Tree and Vegetation Removal Permits. The Tree or Vegetation Removal Permit shall be issued in such form as may be prescribed by the Administrator and shall set forth in detail the conditions upon which the Permit is granted and specifically identify which land areas shall be cleared and/or which Trees shall be permitted to be removed. One Permit may cover several Trees or groups of Trees as long as the Trees or groups of Trees can be clearly identified thereon; provided, however, no Permit may be issued for more than one lot, parcel or area of land unless such lots, parcels or areas of land shall be contiguous to one another and considered as one parcel for the purpose of development. (a) Posting of Permits. The Permit shall be posted in a conspicuous and visible place at the front of the property by the Applicant promptly after issuance. The Permit shall remain posted on the property during all applicable Tree and Vegetation removal activity and until final inspection by the City. It is the responsibility of the Applicant to maintain the Tree or Vegetation Removal Permit in a clearly visible manner at all times. (b) Amendment of Permits. Requests for minor changes to approved plans shall be made as an amendment to the applicable Permit, and shall require payment of an administrative processing fee. Additional information submitted with a request for Permit amendment shall be adequate to fully document the nature of the proposed change and the effect it will have on all aspects regulated by this article. All plans, reports, calculations, and other information affected by the proposed amendment shall be updated so as to maintain an accurate record of the development activity. Review time for any changes to plans approved for a permitted site shall be the same as specified for the review of a new application. An amendment to a Permit shall not automatically extend the expiration date. Substantial changes, including significant increases in the number of Trees to be removed or land to be cleared, increases in impervious surface area, changes to intended land use, modification of stormwater management systems, or any other change that constitutes a major modification to a site plan or subdivision, new phases of development or other additions, shall not be treated as amendments, but shall require a new Permit application and fee. 16 Draft October 02, 2008 ~a n (c) Revocation of Permits. o ma (1) By Administrator. The Administrator may revoke any Permit issued pursuant to this ~' Chapter, following notice in writing to the permittee and after providing the permittee N ~ opportunity to respond to the notice, in either of the following circumstances: 8 n i. The Administrator finds that the permittee has continued with any development activity on a site for which a Permit was issued, while the site is under a stop work order which has not been reversed, canceled or suspended pursuant to this Chapter, except for specified remedial work required to bring the development into compliance with the approved Permit, or ii. If the Administrator finds that the approval of the Permit was based on incorrect information furnished by the Applicant for the Permit. Based upon such finding, however, the Administrator may make reasonably necessary accommodations to the conditions of a Permit in lieu of revoking it. (2) By Tree Conservation Board. Upon application to the Administrator and following notice in writing to the permittee at least ten calendar days before a public meeting to consider the revocation, at which meeting the permittee shall be given an opportunity to be heard, the Tree Conservation Board may revoke any Permit issued pursuant to this Chapter, if the City Commission finds, upon evidence presented: That significant changes have occurred since approval of the Permit and that continuance of the development activity, as permitted, would be detrimental to the public health or safety, the environment, or the properly of others; or ii. That the permittee has exhibited a repeated or chronic failure to comply with the Permit. Sec.23-26. Appeals. (a) Appeals of final actions or decisions by the Administrator or the Tree Conservation Board. Appeals to decisions made under the authority of this Chapter may be made by Adversely Affected Person(s) to the City Commission in accordance with the following provisions. (1) Such appeal shall be filed in writing with the City Clerk within thirty (30) days after rendition of the decision or final order being appealed. (2) Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to interested parties. (3) It shall be the responsibility of the Appellant to demonstrate that the final action or decision being appealed was improper or not in accordance with the provisions of this Chapter. (4) In the case that the City Commission finds the appeal to have merit, the City Commission shall have the authority to rescind or modify the original final action or decision, and/or remand the matter to the Administrator or the Tree Conservation Board for reconsideration. (b) Stay of work. Such appeal to the City Commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the appropriate designated administrative official shall certify to the City Commission that a stay would cause imminent peril to life or property. 17 Draft October 02, 2008 Sec.23-27. Fees. (a) Application fees. The City Commission hereby establishes the following fees related to the administrative costs of carrying out the requirements of this Chapter. These fees shall be payable to the City at any time an application is submitted for approval, amendment, or extension of a Permit required by this Chapter. Applications for Tree and Vegetation removal related requests shall not be considered as complete applications until such time as required fees have been paid in full. (1) Tree and Vegetation Removal Permit Application. The Tree and Vegetation Removal Application fee shall cover the processing and review of the application as well as one initial inspection, one protective barricade inspection, one final inspection and one maintenance inspection. Any additional inspections required to inadequate site preparation or reports of violation of the provisions of this chapter will be charged a re- inspection fee as provided below. i. Single or Two-family residential uses (per lot) $ 125.00 ii. Multi-Family residential uses $ 250.00 Commercial or Industrial Uses $250.00 iii. Institutional and any other uses $250.00 (2) Minor Amendments $ 50.00 (3) Extensions $ 50.00 (4) Appeals $ 125.00 (b) Re-inspection fees. $ 50.00 (c) Research or extensive time fees. (per hour) $ 50.00 Sec. 23-28 through 23-29. Reserved. DIVISION 4. GENERAL PROVISIONS. Sec. 23-30. Minimum Tree requirements. (a) These minimum Tree requirements shall apply to all property within the City that is subject to the provisions of this Chapter, including new development, redevelopment or renovations when any such project is valued at ten thousand dollars ($10,000.00) or more. Credit will be given for Trees on the City's recommended Tree list, but none will be given for non-native or invasive species. Section 24-177 of this Municipal Code also provides additional landscaping requirements for non-residential uses. (1) Residential uses. For each parcel upon which asingle-family, two-family or multi-family dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature: One (1) four-inch caliper Tree shall be planted and/or preserved for every two thousand five hundred (2,500) square feet of development parcel area or portion thereof, excluding therefrom preserve areas and water bodies. ~~ '~ z od ~a ~~ ~;, m N 8" ~~ 18 Draft October 02, 2008 ~~ -~ (2) Commercial uses. For each parcel upon which a commercial structure or associated °~ d accessory use is proposed, or where the primary activity is commercial in nature: z a ~, m N One (1) four-inch caliper Tree shall be planted and/or preserved for every eight g thousand 8 000 s uare feet of arcel area or °° ~ (~ ) q p portion thereof, excluding therefrom preserve areas and water bodies. (3) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is proposed, or where the primary activity is industrial in nature: One (1) four-inch caliper 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. (4) Public/semi public (governmental or institutional) uses. For each parcel upon which a government structure or associated accessory use is proposed, or where the primary activity is public/semi-public in nature: One (1) four-inch caliper 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. (b) Old Atlantic Beach. Pursuant to Section 24-172 of the City's Land Development Regulations, within the area of the City defined as Old Atlantic Beach, one (1) shade Tree shall be provided within the required front yard, and an additional shade Tree shall be required elsewhere on the property, in a location at the owner's discretion. This requirement is in addition to the above City- wide requirements, though they may coincide. (c) Sec. 23-31. General prohibitions. (a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning techniques on Trees intended for shade purposes where such Trees are required pursuant to an approved Tree protection plan. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. (b) Pruning or removal of City Trees. It shall be unlawful to trim, prune, or remove any Tree which is within the City's rights-of--way or upon any other City property without the permission of the City as evidenced by the appropriate Permit. (c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a Tree for the purpose of causing the Tree to die or become diseased. (d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that may be injurious or cause damage, to a Tree having a diameter of four (4) or more inches caliper. Exceptions are protective wires, braces or other devices used to support a Tree. (e) Clear-cutting. It shall be unlawful to Clear-cut any lot, parcel, Lands such that the Land is denuded of all Regulated Trees and Vegetation in any manner or for any purpose when not in compliance with all applicable provisions of this Chapter. 19 Draft October 02, 2008 Sec. 23-32. Tree protection during development and construction. (a) Restrictions during construction. (1) Placement of materials, machinery, or temporary soils. It shall be unlawful for the property owner and/or their agents to cause or allow the storage of construction materials, the use of heavy equipment or machinery, or the temporary storage of soil deposits within the Tree Protection Zone of any Tree or group of Trees to be retained. (2) Disposal of waste materials. It shall be unlawful for the property owner and/or their agents to cause or allow the disposal of waste materials such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a Tree within the Tree Protection Zone of any Tree or groups of Trees, or where planting beds are to be situated. (b) Burden of Tree protection on property owner. The property owner and their agents shall ensure that any Tree shown on the Vegetation Inventory for which a Tree Removal Permit has not been obtained is to be protected. The property owner shall guarantee survival of retained Trees and replacement Trees for two (2) years from the date the City accepts the Trees and landscaping as complete, unless a greater time period is required by a development order. If a retained or replacement Tree dies during that time period, the property owner shall replace the Tree in accordance with a remedial action as required by this Chapter. (c) Protective barriers and signage required. Protective barriers and signage shall be installed around every Tree or group of Trees to be preserved prior to commencement of construction, in compliance with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the Administrator to implement this part. (1) Temporary protective barriers shall be placed at least six (6) feet from the base of any Tree, and shall encompass at least fifty (50) percent of the area under the dripline of any Tree or Trees to be preserved or retained for Mitigation credit, unless otherwise approved by the Administrator. (2) Temporary protective barriers shall be at least three (3) feet high, and shall consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet apart with a two-by-four minimum top rail, or a mesh fence, or other similar barrier which will limit access to the protected area, unless otherwise approved by the Administrator. (3) Waterproof, rigid sign(s) shall be affixed to each individual barricade, such that there is one (1) sign every fifteen (15) feet along the length of the barricade. The signs shall contain the following words: ~~ `' z od ~~ ~~ W~ N 8 ~ ~ ~ 20 Draft October 02, 2008 Figure 1. Tree Protection Zone Signage. S~ ~r/„ 3 ~t h r", 1 ~ r) J TREE PROTECTION ZONE (TPZ) No grade change, storage of materials, vehicles or equipment is permitted within this TPZ. This tree protection barrier must not be removed without the written authorization of the City of Atlantic Beach. For information, call (904) 247-5800. Signs will be made available by the City at the time of Permit application. (d) Adjacent properties. The applicant or the applicant's agent shall ensure protective barricading of all Trees located on adjacent properties, that have root or branch systems that encroach upon the subject property, and that may potentially be impacted by Development activities. Section 23-33. Mitigation to be assessed. (a) Mitigation required. Mitigation shall be required to offset any impacts resulting from the removal of Trees as a condition of the Tree or Vegetation Removal Permit. (b) Mitigation assessment. In general, Mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number): STANDARD MITIGATION ASSESSMENT CLASSIFICATION OF REGULATED TREE(S) CLASSIFICATION OF PROPERTY Interior Exterior Herita e Private 1:2 1:2 1:1 Public 1:1 1:1 2:1 Public Ri hts-of-Wa ,Easements, etc 1:1 2:1 3:1 Environmentall Sensitive Areas 2:1 2:1 3:1 Historic Corridors 2:1 2:1 3:1 (c) General conditions. Mitigation shall be in the form of preservation of existing Trees, relocation of removed Trees, or replacement with new Trees, and shall occur within thirty (30) days or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the Tree or Vegetation Removal Permit. The Applicant assumes all duties and costs associated with Mitigation. ~~ az O [7 z~ C.,~y N T S # W ~ 21 Draft October 02, 2008 ~~ (d) Tree preservation. Existing Trees onsite that are three (3) inches or greater and which are neither o protected nor transplanted may be utilized as credit towards the assessed Mitigation, subject to A a the other conditions stated in this section, if preserved onsite. W (e) Tree relocation. Existing Trees onsite that would otherwise be removed from the site because of 8 development may be utilized as credit towards the assessed Mitigation, subject to the other conditions stated in this section, if relocated onsite. (f) Tree replacement. (1) Replacement size. New replacement Trees shall be a minimum of "Florida Number One", as defined in the most current edition of the Grades and Standards for Nursery Plants, published by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry. i. Oaks shall have a minimum four (4) inch caliper and twelve (12) foot height at time of installation. ii. All other new replacement Trees shall have a minimum two (2) inch caliper and ten (10) foot height at time of installation. iii. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation. iv. New replacement shade Trees shall be of a species typically yielding an average mature crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen from the Atlantic Beach Recommended Species List, maintained and published by the City. Upon approval of the Administrator, alternate species not appearing on the recommended list may be utilized, but in no case shall Trees from the Atlantic Beach Prohibited Species List, also maintained and published by the City, be utilized for Mitigation credit. (2) Selection criteria. i. New oaks shall be used to replace removed oaks. Upon approval of the Administrator, hardwood species yielding similar canopy may be used to mitigate removed oaks. ii. New palms may be used only to replace removed palms. Upon approval of the Administrator, a cluster of three (3) palms, subject to the other conditions of this section, may be used to meet the requirements of a single shade Tree. (3) Placement criteria. i. Avoidance of underground utilities. No Trees or palms, except those with a normal mature height of less than thirty (30) feet may be planted within five (5) linear feet of the centerline of any utility easement. ii. Avoidance of aboveground utilities and public facilities. No Trees may be planted closer to any curbs, curb lines, sidewalks or aboveground utilities than the following, except for plans demonstrating no conflict with existing aboveground utilities or public facilities, and approved by the Administrator: a. Small Trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall have a minimum setback of three (3) feet. b. Medium Trees or palms with normal mature height of thirty (30) to fifty (50) feet shall have a minimum setback of six (6) feet. 22 Draft October 02, 2008 ~~ c. Large Trees with normal mature height of fifty (50) feet or more shall have a o ~ minimum setback often (10) feet. ~ a ~~ iii. Spacing. The following spacing requirements shall serve as general guidelines for N ~ the optimal growth and viability of Trees, though Trees may be planted closer 8 together upon approval of the Administrator.: a. Small Trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be spaced at least ten (10) feet. b. Medium Trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be spaced at least twenty (20) feet. c. Large Trees with normal mature height of fifty (50) feet or more shall be spaced at least thirty (30) feet. d. Spacing of two or more Trees of differing sizes shall be based upon the spacing requirements of the largest Tree. Section 23-34. Maintenance and monitoring requirements. The Applicant shall be responsible for maintaining the health of any replacement or relocation Trees for two (2) years from planting. (a) Determination of success. The Applicant shall determine the condition of each Tree two (2) years after the Tree was relocated or planted. This determination shall be submitted to the City for approval within thirty (30) days of being made. Should any Tree die or be in a state of decline within two (2) year of being planted or relocated, the Applicant shall be required to replace the Tree within sixty (60) days of that determination. The two year monitoring and approval period shall begin anew whenever a Tree is replaced. If that replacement Tree is found not to be viable at the end of the second monitoring period, the Applicant may pay the appropriate amount into the Tree fund in lieu of planting a third replacement Tree. If the Applicant fails to replace the Tree or to pay the appropriate amount into the Tree Fund within sixty (60) days, the Applicant shall be in violation of this Chapter. (b) Large-scale projects. If a Tree Removal Permit includes the relocation of ten (10) or more Trees, or the planting of one hundred (100) or more replacement Trees, the determination of success for the overall Mitigation effort shall be based upon a percent survival rate. A successful project shall be one in which ninety (90) percent or more of the newly planted or relocated Trees are determined to be viable after a period of two (2) years. If a large scale project is determined to be successful on this basis, additional replacement Trees will not be required. Section 23-35. Elimination of undesirable species. The natural vegetative communities existing within the City shall be protected by the control and elimination of non-native Invasive Species. To that end, the following guidelines shall apply: (a) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for mitigation credit. (b) Removal of non-native Invasive Species from nonresidential properties (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any Development Permit issued by the City or the issuance of a Certificate of Occupancy if applicable. (c) Procedures for the control and elimination of non-native Invasive Species shall in no way promote the proliferation of the species through the dispersal of seed or other means. (d) Procedures for the control and elimination ofnon-native Invasive Species shall in no way harm or cause the decline of desirable species that are to be preserved, planted or relocated. 23 Draft October 02, 2008 ~~ Section 23-36. Payment in lieu of replacement/relocation. If the Applicant demonstrates, to the o d satisfaction of the Administrator or the Tree Conservation Board, that the site cannot accommodate the total required Mitigation, the Applicant shall pay the equivalent value of the Mitigation or portion thereof w ~ not planted, to the City's Tree Fund. The value to be paid into the Tree Fund shall be established and g adopted by resolution of the City commission, set forth in the Atlantic Beach Recommended Species List, and based upon the wholesale market value of the Tree being replaced, plus installation and maintenance costs to establish the Tree. Sec. 23-37 through 23-39. Reserved. DIVISION 5. AREAS OF SPECIAL CONCERN. Sec. 23-40. There exist within the City certain areas which contain Trees or Vegetation of special value and concern, or areas of such great social, cultural, historical, ecological, environmental or economic significance that they may warrant added measures of protection. Sec. 23-41. Historic Corridors and Heritage Trees. (a) Designation. The City Commission may by Resolution designate historic Tree Corridors or individual Heritage Trees. In doing so, the City Commission shall specifically identify those streets, or portions thereof, or Trees, which shall be so designated. (b) Criteria. In considering whether roadways or portions thereof shall be designated as Historic Tree Corridors, the City Commission may consider the following criteria: (1) The presence of historically significant Tree coverage or landscaping, as individual plants or in groupings. (2) The presence of culturally significant Tree coverage or landscaping. (3) The presence of significant architectural structures with associated Tree coverage or landscaping. (c) Documentation. The Administrator shall maintain a record of all historic corridors so designated and their location shall be reflected on City maps as such. (d) Mitigation. Mitigation required for the removal of designated Heritage Trees and trees designated as part of Historic Corridors, shall be at a higher rate than standard tree removal mitigation, as set forth in Section 23.33 as a measure to encourage protection of such trees. Sec. 23-42 through 23-45. Reserved. 24 Draft October 02, 2008 ~, n '~ z od ~a ~~ DIVISION 6. VIOLATIONS AND ENFORCEMENT. N s~ Sec 23-46. Violations. (a) Development activity. It shall be a violation of this Chapter for any person to engage in Development or other activity, which has the potential to damage, destroy or remove or cause the destruction or removal of any Tree or Vegetation as regulated herein, without complying with all applicable provisions of this Chapter. (b) Compliance with approved Permit. It shall be a violation of this Chapter for any person who has obtained a Permit from the City pursuant to the requirements of this Chapter to fail to comply with the requirements of the approved Permit and any conditions attached thereto. (c) Compliance with general conditions of Permit. The following minimum conditions shall apply to every Permit issued pursuant to this Chapter, and violation of or failure to comply with any such condition shall be a violation of this Chapter: (1) Permit and plans onsite. Approved Permits and plans shall be available onsite at all times during development activity. (2) Responsible individual. Whenever site work is ongoing, there shall be an individual at the site who shall be responsible for the ongoing work and who shall have the familiarity with the project to ensure work is proceeding according to approved plans. This provision is not intended to require that a single individual remain on-site during all operations, only that at all times there shall be a designated person in responsible charge. (d) Maintenance requirements. It shall be a violation of this Chapter for any person who is engaged in development activity on property located within the City or in accordance with a Permit issued by the City pursuant to this Chapter, or who has obtained title to property upon which such activities have taken place, to fail to comply with the minimum standards and maintenance requirements set forth herein. Sec.23-47. Enforcement. (a) Notice of violation. Whenever the Administrator determines that a violation of this Chapter has occurred, the Administrator shall immediately issue written or notice to the person in violation, identifying the nature and location of the violation and specifying that remedial action is necessary to bring the violation into compliance. The person in violation shall immediately, conditions permitting, commence remedial action and shall have seven (7) calendar days after the receipt of notice, or such longer time as may be specified in the notice, to complete the remedial actions required to bring the activity into compliance with this Chapter. (b) Code Enforcement action. Failure to complete remedial actions required to bring the violating activity into compliance with this Chapter shall result in Code Enforcement action pursuant to Chapter 2, Article V, Division 2 of the Municipal Code of Ordinances as well as other remedies available under applicable law. 25 Draft October 02, 2008 Rn Sec. 23-48. Stop Work Order. ,~ ~ 0 (a) Circumstances Warranting a Stop Work Order. The City Manager or the Administrator shall have the authority to immediately issue a Stop Work Order in any of the following circumstances: W (1) Whenever land is being cleared without an approved Permit; 8 (2) Upon the failure of the permittee, or failure of the property owner if no Permit exists, to take immediate corrective action when there is an apparent danger to life or property; (3) Whenever ongoing non-compliant work is not immediately and permanently stopped upon receipt of a written or oral notice of violation; (4) Whenever Tree protection measures have not been implemented or maintained and danger to protected Trees exists or appears imminent; or (5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section is not completed in the time period specified; (6) Upon failure to post or have the approved permit and plans available on-site. (b) Content and scope. The stop work order shall specify the circumstances that have resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial work as is deemed necessary to bring the project into compliance, or it may specify the cessation of specific work by functional nature, such as land clearing, Tree or Vegetation removal, grading, roadway construction, building erection or utility construction. The order may apply to the entire project or to geographical portions of the project that may be individually specified. (c) Failure to comply after notice of violation and Stop Work Order. If the person(s) in violation fails to complete the required remedial action within the prescribed time, or continues any development activity in violation of a Stop Work Order, the Administrator may refer such matter to the Code Enforcement Board or may initiate any other enforcement action or remedies as authorized by law. (b) Immediate corrective actions. Where it is determined by the City that failure to maintain stormwater management facilities, erosion, sediment or TreeNegetation protection controls, or failure to conform to the provisions of this Chapter or permit conditions, is resulting in danger or damage to life or property, the City may require immediate corrective action. Protection controls which are breached due to development activity, wind, rain or other factors shall be repaired within twenty-four (24) hours of breach. Failure to take such immediate corrective action when notified of the need for such action shall constitute a violation of this Chapter. If immediate corrective measures are not taken by the permittee or property owner and the conditions of the site are such that there is danger or hardship to the public, the City may enter upon lands, take corrective actions, and place a lien on the real property of such person or persons to recover the cost of the corrective measures. In addition, the Administrator may revoke any permit issued pursuant to this Chapter. Sec. 23-49. Unlawful clearing of Vegetation or removal of Trees regulated under this Chapter (a) Regulated Trees or Vegetation removed in violation of this Chapter, shall require an After-the- Fact Permit, the fee for which shall be twice the normal established application fee. (b) Regulated Trees or Vegetation removed in violation of this Chapter, shall be assessed at twice the normal established rate of Mitigation. 26 Draft October 02, 2008 a (c) If a site has been altered such that the Administrator is unable to determine with reasonable ~ z certainty the number and size of regulated Trees removed in violation of this article, a civil fine of °~ up to five dollars ($5.00) per square foot of land cleared shall be assessed by the Tree ~ conservation board, and shall be payable to the City Tree fund immediately within seven (7) days N after assessment. g „ ~~ (c) Applicants or agents who have a prior history of repeated or chronic violations of this Chapter shall, upon third offense, be reported to the Florida Department of Business and Professional Regulation, as well as any other authority governing licensing, registration or certification of individuals or businesses. Sec. 23-49 through 23-60. Reserved. 27