Item 7AAGENDA ITEM I! 7A
DECEMBER 8, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: First reading of proposed Ordinance 95-09-98, which will adopt a re-write of
Chapter 23, Protection of Trees and Native Vegetation.
SUBMITTED BY: Sonya Doerr, AICP ,d,,~
Community Development Director
DATE: December O1, 2008
BACKGROUND: Revisions as requested by the City Commission at the November 24th meeting
have been incorporated into the attached and are indicated in red text.
RECOMMENDATION: Approval of Ordinance 95-09-98 on first reading.
ATTACHMENTS: Ordinance 95-09-98, with new Chapter 23 attached as Exhibit A.
BUDGET: No direct budget issues, but the new Ordinance does create application and administration fees
typical of all other permit related activities.
REVIEWED BY CITY MANAGER:
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December 08, 2008 regular meeting
AGENDA ITEM # ?A
DECEMBER 8, 2008
ORDINANCE NUMBER 95-09-98
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, REPEALING CHAPTER 23, ENTITLED
"VEGETATION" OF THE CODE OF ORDINANCES IN ITS ENTIRETY,
AND REPLACING IT WITH NEW CHAPTER 23, TO BE ENTITLED
"PROTECTION OF TREES AND NATIVE VEGETATION"
ESTABLISHING PURPOSE AND INTENT, SPECIFIC PROVISIONS AS
SET FORTH WITHIN EXHIBIT A, WHICH IS ATTACHED TO AND
MADE PART OF THIS ORDINANCE; PROVIDING LEGISLATIVE
FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
RECITALS
WHEREAS, it is the stated public policy of the City of Atlantic Beach, as set forth within
the adopted 2015 Comprehensive Plan, to encourage future development and redevelopment, which
retains an exceptionally high quality of life and which provides for the preservation and protection of
the dense tree canopy of the City, and
WHEREAS, the Future Land Use and Conservation/Coastal Management Elements of the
2015 Comprehensive Plan direct the City to enhance and protect natural resources, which includes
certain trees and coastal vegetation, to create and maintain an aesthetically pleasing environment and
to protect areas of unique natural beauty, and
WHEREAS, the physical, and economic well-being of the community depends in large part
on a balance between reasonable regulation to protect the natural environment and the appropriate
flexibility to develop and use property in a reasonable manner, and
WHEREAS, trees and native coastal vegetation are economically beneficial in attracting
new residents, commercial interests and visitors. Healthy trees of the right size and species, growing
in the right places enhance the value of property and promote the stability of desirable
neighborhoods, thus helping to prevent the emergence of blighted influences, and
WHEREAS, the appropriate consideration, protection and preservation of trees and native
coastal vegetation is an activity which is best considered prior to the development of engineering and
architectural plans and prior to alterations that impact such resources and their growing environment,
and
WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for
the City of Atlantic Beach on January 12, 2009.
Page 1 of 2 Ordinance 95-09-98
AGENDA ITEM # 7A
DECEMBER 8, 2008
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Recitals as set forth above are hereby adopted as legislative findings in
support of this Ordinance.
SECTION 2. The provisions as set forth within attached EXHIBIT A shall be incorporated
into the Code of Ordinances for the City of Atlantic Beach, Florida as Chapter 23 to be entitled
"Protection of Trees and Native Vegetation." This Ordinance shall repeal and replace in its entirety
previous Chapter 23, entitled "Vegetation."
SECTION 3. Severability. In the case that any section, sentence, phrase, word or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not
be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word or portion of this Ordinance not otherwise determined to be invalid, unlawful or
unconstitutional.
SECTION 4. In any case where a provision of this Ordinance is found to be in conflict with
a provision of any other code or ordinance of this City or the State, the provision which establishes
the higher standards for the promotion and protection of the health, safety and welfare of residents
shall prevail.
SECTION 5. 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, Florida, in accordance with Section 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach the 8th day of
December, 2008. Passed on final reading and public hearing the 12th day of January, 2009.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA L. BARTLE, CMC
City Clerk
Page 2 of 2 Ordinance 95-09-98
EXHIBIT A to Ordinance 95-09-98
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Chapter 23 s a
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. 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
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 healthy 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 relocation 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.
Sec. 23-4. Amendments to this Chapter. The City Commission shall have the authority to amend this
Chapter as needed to implement its intent, or to implement objectives and policies of the Comprehensive
Plan, or otherwise enact updates as may be appropriate. Amendment to this Chapter shall be made in
accordance with the established procedures for amending any portion of this Code of Ordinances.
Sec. 23-5 through 23-7. Reserved.
EXHIBIT A to Ordinance 95-09-98
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ARTICLE II. LANGUAGE AND DEFINITIONS. N
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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 preserved or planted
materials would not survive.
(2) Existing areas 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 surfaces, 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.
Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this
Chapter.
Applicant shall mean the person(s), property owner, entity, or authorized agent legally designated
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.
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EXHIBIT A to Ordinance 95-09-98
Atlantic Beach Prohibited Species List shall consist of those invasive exotic species recognized by the d m
State of Florida as detrimental to the native ecosystems and included on the Florida Noxious Weed and ~ d
Invasive Plants List (Florida Administrative Code r. SB-57.007) v
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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. 8
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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 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.)
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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 that serve to 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.
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 include the
"thinning" or removal of Trees from an undeveloped land, including that carried on in conjunction with a
forest management program, and the removal of Trees incidental to the development 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.
EXHIBIT A to Ordinance 95-09-98
Diseased Tree shall mean a Tree with a sustained or progressive impairment caused by a parasite, pest or d ~
infestation which seriously compromises the viability of the Tree in that it is unlikely the Tree will remain ~ d
living and viable for a period of more than three years or the Tree causes other imminent peril to viable ~ a
Trees, existing structures or persons in the vicinity of the diseased Tree.
Drip-line shall mean the imaginary vertical plumb line that extends downward from the tips of the 8 y
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.
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 ''/2)
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 ADMINISTRATNE
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.
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EXHIBIT A to Ordinance 95-09-98
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. d a
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Naturalized Exotic shall mean an exotic species that sustains itself outside cultivation. ~~
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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.
Off-site 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.
On-site 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.
Person shall mean any landowner, lessee, building contractor, developer or other entity involved in the use
of real property, including agents, employees, independent contractors, whether persons, firms,
associations, corporations, partnerships, joint ventures, estates, trusts, business trusts, syndicates,
fiduciaries, governmental bodies, agencies or officials.
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).
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
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.
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EXHIBIT A to Ordinance 95-09-98
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(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: m ,~
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a. A DBH of six (6) inches or more, and located within the exterior zone of said public property; 8
or ~ a
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.
Regulated Vegetation shall mean vegetation located within any area designated as an Environmentally
Sensitive Area, as defined by the City of Atlantic Beach Comprehensive Plan, including but not limited to
all wetlands, all beach and dune areas seaward of the Coastal Construction Control Line, and all areas
designated as Conservation on the Future Land Use Map.
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.
Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting
property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other
means of ingress or egress, regardless of the term used to describe it.
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.
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EXHIBIT A to Ordinance 95-09-98
Tree Protection Plan shall mean the plan required pursuant to this Chapter, identifying and showing the a
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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. °° ~
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Tree Protection Zone shall mean the area located around the perimeter of the dripline of a Tree in which no ~ a
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 Vegetation 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 (TTM) 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.
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 and palms
with an overall height of more than eight (8) feet. If necessary, a survey or other professionally prepared
document, certified as appropriate, may be required as part of the Vegetation 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.
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EXHIBIT A to Ordinance 95-09-98
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ARTICLE III. TREE AND VEGETATION REGULATIONS ~ ~
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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.
(e) To receive, process and make administrative determinations on all applications for Tree and
Vegetation Removal Permits that do not require additional review by the Tree Conservation Board,
other departments or agencies for comment, as set forth in Section 23-23_, °~^°~~ +''^+ +''°
(f) To refer applications for Tree and Vegetation removal to other departments and agencies for
comment, as set forth in Section 23-23, 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 with appropriate City staff, to determine whether proposed construction, alterations,
repair or enlargement of a structure is in compliance with the provisions of this Chapter.
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EXHIBIT A to Ordinance 95-09-98
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(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 N
scheduled meetings of the Tree Conservation Board to members at least seven (7) days prior to the 8 a
meeting date.
(j) To recommend to the City Commission projects consistent with the purpose and intent of this
Chapter, with a written statement outlining the costs and benefits of such projects.
(k) 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 confirms the establishment of 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.
(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.
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EXHIBIT A to Ordinance 95-09-98
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(g) Rules of procedure.
(1) Organization. The Board shall elect a chairperson and avice-chairperson, each of which ~~
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shall serve one (1) year terms. Board members shall not hold the same office for more than g
two (2) consecutive terms. °° a
(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 and Vegetation 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 recognizes and reaffirms the prior
establishment of the Tree Conservation Trust Fund for the purposes of accepting and disbursing
monies paid to the City as part of Tree Mitigation and any other funds deposited with the City for
the purpose of Tree and Vegetation conservation and 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 vegetative resources in the City and any other ancillary costs associated with such
activities, provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the
particular project.
(b) Terms of existence. The Tree Fund shall be self-perpetuating from year to year unless specifically
terminated by the City Commission.
10
EXHIBIT A to Ordinance 95-09-98
a
(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 ~ a
City Commission. ~ ,~
(d) Tree Fund administration. N
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(1) Trust funds shall be used only for the purposes designated by the City in accordance with ~ a
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. 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 Regulated Tree or Regulated 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) Additional Notice. The Administrator may cause additional notice to be mailed, posted or
published in the case where Regulated Tree or Regulated Vegetation removal has the potential to
interfere with typical daily traffic or create impacts to properties other than adjoining properties.
Sec. 23-17. through 23-20. Reserved.
11
EXHIBIT A to Ordinance 95-09-98
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DIVISION 3. APPLICATION PROCEDURES. ~ a
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 Regulated 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 or
Vegetation 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.
(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.
12
EXHIBIT A to Ordinance 95-09-98
(e) Noxious invasive Trees. The removal of invasive or nuisance Trees, as currently listed by the d ~
Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of rnn z
Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC) or some other ~ a
recognized authority, shall be granted an exemption upon inspection and verification by the ~
Administrator. ~~
8
(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) 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 and shall not be subject to Mitigation
assessment. 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) not exempted according to the provisions
of Section 23-22 to engage in Regulated Tree or Regulated Vegetation removal within the City
without obtaining a Tree or Vegetation 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) engaging in the removal of Regulated Tree(s) or
Regulated Vegetation prior to obtaining a permit will be required to apply for and obtain an After-
the-Fact Permit, and meet mitigation requirements as assessed.
(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.
(2) New or re-platted subdivisions. Applications for Tree or Vegetation removal that will be
part of a new Subdivision Plat or a Re-plat shall be submitted along with the Preliminary
Subdivision Plat application so that due consideration may be given to the protection of
13
EXHIBIT A to Ordinance 95-09-98
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Regulated Trees and Regulated Vegetation during the site planning and subdivision ~ d
process. Trees to be protected shall be noted on the Final Subdivision Plat, and subsequent m a
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. 8
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(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.
However, an application shall be deemed abandoned thirty (30) days after the date the Administrator
notifies the Applicant of any deficiencies contained in the application if the Applicant has failed to
submit the deficient or missing information. 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 Regulated Tree or Regulated 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 or Vegetation
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. eke
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(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.
(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.
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
14
EXHIBIT A to Ordinance 95-09-98
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disruption to public services or a significant obstacle to accessing and utilizing ~ z
public easements and rights-of--way. ~ o
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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 g
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 Permits. Upon approval of the application by the Administrator or the Tree
Conservation Board, the Tree or Vegetation Removal Permit shall be issued. Work pursuant to the
Permit shall commence within twelve (months) of the date of issuance, or the Permit shall expire.
(h) Content of 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.
(i) 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.
(j) 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.
15
EXHIBIT A to Ordinance 95-09-98
(k) Revocation of Permits.
(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
opportunity to respond to the notice, in either of the following circumstances:
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,
upon finding based on evidence presented:
i. 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 property of others; or
ii. That the permittee has exhibited a repeated or chronic failure to comply with the
Permit.
(3) Discontinuance of Work. Revocation of a Permit may also result in a Stop Work Order in
accordance with Section 23-47.
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 or Vegetation 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, Regulated Tree or Regulated 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
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16
EXHIBIT A to Ordinance 95-09-98
locate and identify the lot or parcel to be inspected; to determine the building site; to locate the
proposed buildings or other proposed structures or improvements that will disturb Vegetation, and
to ensure clear understanding between the property owner, contractor, Administrator and other
inspectors that may be involved.
(1) The address or legal description of the property shall be displayed in a conspicuous 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. Appeals.
(a) Procedure to file an appeal. 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.
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17
EXHIBIT A to Ordinance 95-09-98
Sec. 23-26. Fees.
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(a) Application fees. The City Commission hereby establishes the following fees related to the ~ m
administrative costs of carrying out the requirements of this Chapter. These fees shall be payable to N
the City at any time an application is submitted for approval, amendment, or extension of a Permit 8 9
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 due 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)
ii. Multi-Family residential uses
iii. Commercial or Industrial Uses
iv. Institutional and any other uses
(2) Minor Amendments
(3) Extensions
(4) Appeals
(b) Re-inspection fees.
(c) Research or extensive time fees. (per hour)
Sec. 23-27. through 23-29. Reserved.
$ 125.00
$ 250.00
$ 250.00
$ 250.00
$ 50.00
$ 50.00
$ 125.00
$ 50.00
$ 50.00
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 Atlantic Beach Recommended Species List, but none will be given for Trees on the Atlantic
Beach Prohibited Species List. 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. Of the minimum
required trees, one (1) Tree shall be provided or preserved within the required front
yard.
(2) Commercial uses. For each parcel upon which a commercial structure or associated
accessory use is proposed, or where the primary activity is commercial in nature:
18
EXHIBIT A to Ordinance 95-09-98
One (1) four-inch caliper Tree shall be planted and/or preserved for every eight
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thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom ~ d
9
preserve areas and water bodies. ~
(3) Industrial uses. For each parcel upon which an industrial structure or associated accessory ~~
8 a
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.
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. This limitation shall not be construed to prohibit the trimming or pruning of
trees that create a clear risk of danger to persons or property during flood, high wind or hurricane
events.
(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) Unauthorized clearin~.r}ng. It shall be unlawful to C-clear-sue any lot, parcel, or Lands
such that the Land is denuded of ail Regulated Trees and Regulated Vegetation in any manner or
for any purpose when not in compliance with all applicable provisions of this Chapter. Ike
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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,
19
EXHIBIT A to Ordinance 95-09-98
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. ~ d
(b) Burden of Tree protection on property owner. The property owner and their agents shall ensure ~ m
that any Tree shown on the Vegetation Inventory for which a Tree Removal Permit has not been 8
obtained is to be protected. The property owner shall guarantee survival of retained Trees and ~ a
replacement Trees for three (3) 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 atwo-
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:
1. 't'ree Protection Gone
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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.
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EXHIBIT A to Ordinance 95-09-98
Sec. 23-33. Mitigation to be assessed.
(a) Mitigation required. Unless Mitigation in the form of payment into the Tree Conservation Trust
Fund has been approved in accordance with Section 23-37, Mitigation in the form of Tree
replacement or relocation or shall be required to offset any impacts resulting from the removal of
Regulated Trees as a condition of the Tree or Vegetation Removal Permit. Replacement or
relocation shall be the preferred method of Mitigation.
(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 Corridor and Herita e Trees 2:1 2:1 3:1
(c) General conditions. Mitigation shall be in the form of preservation of existing Trees, relocation of
existing Trees that would otherwise be removed, 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.
(d) Tree preservation. Existing on-site Trees that are three (3) inches or greater and which are neither
protected nor transplanted may be utilized as credit towards the assessed Mitigation, subject to the
other conditions stated in this Section, if preserved on-site.
(e) Tree relocation. Existing Trees on-site that would otherwise be removed from the site because of
development may be utilized as credit towards the assessed Mitigation, subject to the other
conditions stated in this Section, if relocated on-site.
(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.
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21
EXHIBIT A to Ordinance 95-09-98
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.
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.
c. Large Trees with normal mature height of fifty (50) feet or more shall have a
minimum setback often (10) feet.
iii. Spacing. The following spacing requirements shall serve as general guidelines for the
optimal growth and viability of Trees, though Trees may be planted closer 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.
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EXHIBIT A to Ordinance 95-09-98
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Sec. 23-34. Maintenance and monitoring requirements. The Applicant shall be responsible for ~ °>
maintaining the health of any replacement or relocation Trees for three (3) years from planting. ~ m
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(a) Determination of success. The Applicant shall determine the condition of each Tree three (3) 8 y
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 three (3) 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 three (3) years. If a large scale project is determined to be successful
on this basis, additional replacement Trees will not be required.
Sec. 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 of non-native Invasive Species shall in no way harm or
cause the decline of desirable species that are to be preserved, planted or relocated.
Sec. 23-36. Elimination of contagious diseased and pest-infested trees. The natural and
cultivated vegetative communities existing within the City shall be protected by the control and elimination
of trees afflicted with rapid-spreading contagious diseases and pests. Upon identification and/or
confirmation of such infection or infestation by a Certified Arborist or other qualified professional, the City
shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from
the Tree Removal Permit application requirements, as set forth in Section 23-22. Further, Mitigation shall
not be required, provided however, the subject property is in compliance with minimum tree requirements,
as set forth in Section 23-30.
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EXHIBIT A to Ordinance 95-09-98
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Sec. 23-37. Payment in lieu of replacement/relocation. It is the intent of this Chapter that all ~a
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reasonable methods be used to replace or relocate Trees on-site. Payment to the Tree Fund in lieu of N ~
replacement or relocation shall not be construed as a routine Mitigation option. Rather, it shall be reserved 8 y
for cases where the ability to replace or relocate trees on-site is restricted by circumstances related to
federal, state or local regulations and requirements including but not limited to conflicts with right-of--ways,
utilities, stormwater facilities, septic fields and environmentally sensitive areas. The value to be paid into
the Tree Fund shall be established and adopted by resolution of the City Commission, and payments to the
Tree Fund may be approved in accordance with the following provisions. preen:
(a) For single and two-family residential uses If an applicant at the time of application
demonstrates a successful plan to accomplish at least fift~(SOZpercent of the required Miti ation
on-site, the Administrator shall approve the application and issue a Tree Removal Permit in
accordance with Section 23-23(fZl). The remaining balance of the required Mitigation shall
be payable to the Tree Fund within seven U days of such determination
If an applicant proposes to replace less than fifty (50) percent of the required Mitigation on-site the
implication shall be referred to the Tree Conservation Board for consideration Upon findings bX
the Tree Conservation Board that the site cannot reasonably accommodate at least fifty150) percent
of the required Mitigation on-site because of conditions as described above the Tree Board will
determine the appropriate amount, which shall be payable to the Tree Fund within seven (7) days of
such determination.
(b) For Commercial, Industrial and all other uses. Applications for Tree Removal Permits for all
uses and development, other than single and two-family residential uses shall replace or relocate
required mitigation on-site, except in cases where the Tree Conservation Board finds based upon
the above stated conditions that on-site Mitigation is not possible Upon approval of a Miti ation
plan by the Tree Conservation Board, a Tree Removal Permit shall be issued by the Administrator
(c) Where payment in lieu of replacement or relocation is approved as set forth in preceding~ar~phs
(a or (b the Applicant shall pay the equivalent value of the portion not planted or relocated to the
City's Tree Fund. The approved Mitigation payment shall be payable to the Tree Conservation
Trust Fund within seven (7) calendar days of the approved Mitigation order. Mitigation payments
not received within the prescribed time period shall result in the filing of a lien on the subject
property.
Sec. 23-38. through 23-39. Reserved.
24
EXHIBIT A to Ordinance 95-09-98
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DIVISION 5. AREAS OF SPECIAL CONCERN.
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Sec. 23-40. Applicability. 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.
DIVISION 6. VIOLATIONS, ENFORCEMENT AND PENALTIES.
Sec 23-46. Violations. Violations, including failure to make proper application for a Tree or Vegetation
Removal Permit as required by these provisions or failure to implement any requirements or conditions of a
Tree or Vegetation 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.
(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:
25
EXHIBIT A to Ordinance 95-09-98
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(1) Permit and plans onsite. Approved Permits and plans shall be available onsite at all times m `~
during development activity. ~
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(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 8 a
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(s) or entity 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(s) 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.
Sec. 23-48. Stop Work Order.
(a) Authority to stop work. The City Manager or designee of the City Manager shall have the
authority to immediately issue a Stop Work Order in any of the following circumstances:
(1) Whenever land is being cleared without an approved Permit or in a manner inconsistent
with the approved Permit;
(2) Upon the failure of the permiee, 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 or Vegetation protection measures have not been implemented or
maintained and danger to Regulated Trees or Vegetation 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 of Stop Work Order. 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, Regulated 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.
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EXHIBIT A to Ordinance 95-09-98
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(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 8 v
the Code Enforcement Board or may initiate any other enforcement action or remedies as °° a
authorized by law.
Sec. 23-49. Requirement for Emergency or Immediate Corrective Action.
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. 23-50. 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.
Sec.23-51. Penalties.
(a) General Provisions. Any Person violating a provision of this Chapter shall be punishable
according to the law or in accordance with the findings of the duly appointed Code Enforcement
Board.
(1) Violations of this Chapter are considered irreparable and irreversible in nature.
(2) Each day any violation continues shall constitute a separate offense.
(3) Each Regulated Tree removed from a site in violation of these regulations shall constitute a
separate offense.
(4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a
separate offense.
(5) Persons charged with violations of this Chapter may include:
i. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building
or premises where such violation exists.
ii. Any Person(s) who maintains any land, building or premises upon which a violation exists.
iii. Any Person(s) who knowingly commits, takes part, or assists in such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a required Tree or
Vegetation Removal Permit has been issued, or while any violation of this Chapter exists on the
subject site.
(c) Injunction. Any affected person may seek an injunction against any violation of the provisions of
this Chapter and recover from the violator such damages as he or she may suffer, including but not
limited to damage to property as a result of development or failure to maintain, in violation of the
terms of this Chapter.
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EXHIBIT A to Ordinance 95-09-98
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(d) Sanctions for failure to obtain a permit. ~ a
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(1) Regulated Trees or Regulated Vegetation removed in violation of this Chapter, shall require an ~ ~
After-the-Fact Permit, the fee for which shall be up to two (2) times the normal established ^'
application fee specified in Section 23-26_, 8 a
~s In addition, as a condition of the permit, the applicant shall immediately complete
all remedial work as necessary to stabilize the site and mitigate all damage to the site and
adjacent properties.
(2) Regulated Trees or Vegetation removed in violation of this Chapter shall be assessed at two (2)
times the normal established rate of Mitigation specified in Section 23-33.
(3)
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If a lot, parcel, site or portion thereof has been cleared such that the Administrator is unable to
determine with reasonable certainty the number and size of Regulated Trees and/or Ve etation
removed m violation of this Chapter analvsis of aerial photography or other such accepted
scientific methodoloav shall be used to make a determination as to the loss of canopy and/or
land cover for the purpose of assessin mitigation A civil fine of five dollars ($5 00) per
square foot of canoyy or land cover lost shall be assessed by the Tree Conservation Board and
shall be pavable to the Tree Fund within seven (7Zdays of such assessment No further work or
Development shall proceed until the Citv is in receipt of anv such assessed fine
(4) Any person exhibiting a documented history of chronic or repeated 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. 23-52. through 23-60. Reserved.
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