Ordinance No. 95-10-101 v ORDINANCE NUMBER 95-10-101
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING ARTICLE III, WITHIN
CHAPTER 23 OF THE CODE OF ORDINANCES, SAID CHAPTER
ENTITLED "PROTECTION OF TREES AND NATIVE VEGETATION" AND
REPLACING IT WITH THE AMENDED ARTICLE III AS SET FORTH
WITHIN EXHIBIT A, WHICH IS ATTACHED TO AND MADE PART OF
THIS ORDINANCE; SAID AMENDMENTS REVISING PROCEDURAL
REQUIREMENTS FOR THE ISSUANCE OF A TREE REMOVAL PERMIT,
ALSO PROVIDING LEGISLATIVE FINDINGS AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
RECITALS
WHEREAS, Chapter 23 of the City Code, "Protection of Trees and Native Vegetation" was
substantively re-written and re-adopted on January 12, 2009 by Ordinance 95-09-98, and the
Legislative Findings as stated within said Ordinance are re-affirmed and adopted by reference as part
of this Ordinance, and
WHEREAS, it is in the public interest of property owners and permit applicants within the
City of Atlantic Beach to be provided with the most efficient and timely process possible to obtain a
Tree Removal Permit, which confirms compliance with the provisions of this Ordinance, and
WHEREAS, revisions and procedures set forth within Article III of Ordinance 95-09-98,
and implemented during the previous year have provided concise standards a clear administrative
process for reviewing most applications for and issuance of a Tree Removal Permit, which does not
require review at a public hearing by the Tree Conservation Board in order for qualified professional
staff with specific expertise and education to determine compliance with these regulations, and
WHEREAS, it is also in the best economic interest of the City to expedite issuance of all
Tree Removal permit where it is demonstrated that the application for such permit is in full
compliance with the provisions and requirements of this Ordinance, and
WHEREAS, dissolution of the Tree Conservation Board is appropriate at this time
recognizing the service this Board has provided to the City, with future issuance of all Tree Removal
Permits to be administered as set forth herein, and
WHEREAS, a public hearing to enact this Ordinance was held by the City Commission for
the City of Atlantic Beach on February 22, 2010.
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 Article III of Chapter 23
entitled "Tree and Vegetation Regulations." Exhibit A shall replace in its entirety previously
adopted Article III of Chapter 23.
Page 1 of 2 Ordinance 95-10-101
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
February,2010. Passed on final reading and public hearing the 22nd day of February,2010.
/ m . -
LOUIS "MIKE" BORNO, JR.
Mayor/Presiding Officer
Approved as to form and correctness: Attest:
/
A IAN I . JENSEN, ESQUIRE DONNA L. BARTLE, CMC
Ci • ttorney City Clerk
Page 2 of 2 Ordinance 95-10-101
EXHIBIT A to Ordinance 95-10-101
ARTICLE III. TREE AND VEGETATION REGULATIONS
DIVISION 1. IN GENERAL.
Sec. 23-11. Scope. The provisions of this Chapter shall be administered as set forth within this Chapter.
Administrative procedures, authorities and responsibilities of the City Commission and the Administrator
are set forth herein.
DIVISION 2. ADMINISTRATION.
Sec. 23-12. City Commission. The City Commission shall have the following authorities and
responsibilities:
(a) To establish fees and fines related to the administrative costs of carrying out the requirements of
this Chapter.
(b) To establish a Tree Conservation Trust Fund to collect and disburse monies for the purpose of
growing and maintaining the City's Community Forest.
(c) To amend this Chapter as may be needed to accomplish the stated Purpose and Intent of this
Chapter.
(d) To hear and decide appeals where it is alleged there is an error in any order,requirement or decision
made by the Administrator in the implementation 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 provide written instructions to applicants related to the required process for applications as
required by this Chapter.
(d) To receive, process and make administrative determinations on all applications for tree and
vegetation removal permits as set forth in Section 23-23.
(e) 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.
(f) To conduct field inspections as needed to make determinations related to tree and vegetation
protection or removal.
(g) 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.
(h) 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.
(i) 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.
EXHIBIT A to Ordinance 95-10-101
Sec. 23-14. 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("Tree 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.
(c) Tree Fund assets. All funds received shall be placed in trust for and inure to the public use and
environmental benefit of the City. Said funds shall be used and distributed as designated by the
City Commission.
(d) Tree Fund administration.
(1) Trust funds shall be used only for the purposes designated by the City in accordance with the
intent of this Chapter and the applicable Goals, Objectives and Policies as set forth within the
Comprehensive Plan.
(2) All mitigation 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. 23-15 through 23-20. Reserved.
DIVISION 3. PERMITS.
Sec. 23-21. Permits required by this Chapter. Unless specifically exempted within following
Section 23-22, permits are required for removal of trees on all lands and in connection with all
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) Major development on all existing developed sites having any structure or vehicle use areas where
additions, renovations, upgrades or site changes are intended or anticipated within a one year period
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EXHIBITA to Ordinance 95-10-101
of time when any such activity is valued at ten thousand dollars($10,000.00)or more. Where value
is in question,determination shall be made by the Building Official.
(c) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, 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 from the requirement for a permit.
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. All other development activity as described in preceding Section 23-21 involving the
removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit.
The person(s)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) No development activity or minor development activity on previously developed sites. Minor
development activity involves any new construction, exterior additions, renovations or upgrades
that are 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 pose 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 pests.
(e) Noxious invasive Trees. The removal of invasive or nuisance trees, as currently listed by the
Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of
Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC) or some other
recognized authority, shall be granted an exemption upon inspection and verification by the
Administrator.
(f) Utility operations. The pruning and/or removal of trees or understory vegetation by duly
authorized communication, water, sewer, electrical or other utility companies or federal, state,
county or City agencies, or engineers or surveyors working under a contract with such utility
companies or agencies, shall be exempt, provided the removal is limited to those areas necessary
for the maintenance of existing lines or facilities or for the construction of new lines or facilities in
furtherance of providing utility service to its customers, and provided further that the activity is
conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is not
greater than that specified by the National Electrical Safety Codes as necessary to achieve safe
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EXHIBIT A to Ordinance 95-10-101
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 regulated vegetation.
(h) City crews. The City shall have the right to plant, prune, maintain and remove trees, plants and
shrubs within public right-of-ways, within any utility or drainage easements or within the
illumination areas of street lights, and other 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. Permits procedures.
(a) 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.
(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
regulated trees and regulated vegetation during the site planning and subdivision process. Trees
to be protected shall be noted on the Final Subdivision Plat, and subsequent applications for
individual lots or parcels shall be consistent with the approved Final Subdivision Plat, or
application for a new tree removal permit shall be required.
(3) After-the-fact permits. 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) Sufficiency 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
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EXHIBIT A to Ordinance 95-10-101
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.
(c) 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) Any other applicable governmental agencies extending jurisdictional controls over the site.
(d) Compliance review and approval of applications. Applications will be reviewed and tree or
vegetation removal permits will be issued in accordance with the following:
(1) Time for review. Once an application has been deemed sufficient, the Administrator shall
conduct a full compliance review of the application and approve, approve with conditions or
deny the application with seven(7)business days.
(2) Standards for review. The Administrator shall consider the following in making a
determination of compliance with the provisions of this Chapter.
i. Necessity to remove trees which pose a safety hazard,as determined by the Director of
Public Works, to pedestrian or vehicular traffic, or threaten to cause disruption to
public services or result in a significant obstacle to accessing and utilizing public
easements and right-of-ways.
ii. Necessity to remove trees which pose a threat to buildings and other improvements on
a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and
non-occupied structures that are typically caused by settling and small roots shall not
be considered a safety hazard.
iii. Necessity to remove diseased trees or trees weakened by age, storm, fire or other
injury, or trees with severe structural defects that pose a safety hazard to people,
buildings,or other improvements on a lot or parcel of land.
iv. Necessity to remove trees in order to construct approved and permitted improvements
to allow reasonable economic enjoyment of the property.
v. Existence of any adverse site conditions which may affect the implementation of the
provisions of this Chapter.
(e) Expiration of permits. Upon approval of the application by the Administrator,the permit shall be
issued. Work pursuant to the permit shall commence within twelve (months) of the date of
issuance,or the permit shall expire.
(0 Content of permits. The 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.
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EXHIBIT A to Ordinance 95-10-101
(g) 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 permit in a clearly visible manner at all
times.
(h) 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 Chapter. 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.
(i) 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 violation 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) Discontinuance of Work. Revocation of a permit may also result in a stop work order in
accordance with Section 23-48.
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.
(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
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EXHIBIT A to Ordinance 95-10-101
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
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 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 fmal 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 fords 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 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
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EXHIBIT A to Ordinance 95-10-101
official shall certify to the City Commission that a stay would cause imminent peril to life or
property.
Sec. 23-26. Fees.
(a) Application fees. The City Commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this Chapter. These fees shall be payable to
the City at any time an application is submitted for approval, amendment, or extension of a permit
required by this Chapter, or when a final action or decision by the Administrator is appealed.
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 permit
application fee shall cover the processing and review of the application as well as one(1) initial
inspection, one (1) protective barricade inspection, one (1) final inspection and one (1)
maintenance inspection per year. 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) $ 125.00
ii. Multi-Family residential uses $ 250.00
iii. Commercial or Industrial Uses $ 250.00
iv. Institutional and any other uses $ 250.00
(2) Minor Amendments $ 50.00
(3) Extensions $ 50.00
(4) Appeals $ 125.00
(b) Re-inspection fees. $ 50.00
(c) Research or extensive time fees. (per hour) $ 50.00
Sec. 23-27 through 23-29. Reserved.
DIVISION 4. GENERAL PROVISIONS.
Sec. 23-30. Minimum Tree requirements.
These minimum tree requirements shall apply to all property within the City that is subject to the provisions
of this Chapter. 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.
(a) Residential uses. For each parcel upon which a single-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
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EXHIBIT A to Ordinance 95-10-101
therefrom preserve areas and water bodies. Of the minimum required trees, one (1) tree
shall be provided or preserved within the required front yard.
(b) 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:
One (1) four-inch caliper tree shall be planted and/or preserved for every eight thousand
(8,000)square feet of parcel area or portion thereof, excluding therefrom preserve areas and
water bodies.
(c) Industrial uses. For each parcel upon which an industrial structure or associated accessory use is
proposed, or where the primary activity is industrial in nature:
One (1) four-inch caliper tree shall be planted and/or preserved for every ten thousand
(10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas
and water bodies.
(d) 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 right-of-ways 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 three (3) or more inches caliper.
Exceptions are protective wires,braces or other devices used to support a tree.
(e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any undeveloped lot,
parcel, or lands such that the land is substantially denuded of regulated trees and regulated
vegetation in any manner or for any purpose unless a proper tree removal permit has been issued.
The extent to which removal constitutes substantial denuding shall be determined by the
Administrator based upon the number, type and condition of existing on-site regulated trees and
regulated vegetation in comparison to that proposed to be removed. If clearing is authorized, the
minimum requirements of Section 23-30 shall be met.
(1) Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any
developed lot such that the minimum requirements of Section 23-30 are not maintained.
Sec. 23-32. Tree protection during development and construction.
(a) Restrictions during construction.
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EXHIBIT A to Ordinance 95-10-101
(1) Placement of materials, machinery, or temporary soils. It shall be unlawful for any
person(s)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 any person(s) to cause or allow the
disposal of waste materials such as paint, oil, solvents, asphalt, concrete, mortar or any other
material harmful to the life of a tree within the tree protection zone of any tree or groups of
trees,or where planting beds are to be situated.
(b) Burden of Tree protection on property owner. The property owner(s) and their agent(s) shall
ensure that any tree shown on the vegetation inventory for which a tree removal permit has not been
obtained is to be protected. The property owner shall guarantee survival of retained trees and
replacement trees for 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 a two-by-
four minimum top rail, or a mesh fence, or other similar barrier which will limit access to the
protected area,unless otherwise approved by the Administrator.
(3) Waterproof,rigid sign(s) shall be affixed to each individual barricade, such that there is one(1)
sign every fifteen (15) feet along the length of the barricade. The signs shall contain the
following words,and will be made available by the City a the time of permit issuance:
FIGURE 1. TREE PROTECTION ZONE SIGNAGE.
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.
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EXHIBIT A to Ordinance 95-10-101
(d) Adjacent properties. The property owner(s)or their agent(s)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.
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, relocation or preservation 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 methods 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):
TABLE 1. STANDARD MITIGATION ASSESSMENT.
CLASSIFICATION OF PROPERTY CLASSIFICATION OF REGULATED TREE
Interior Exterior Heritage
Private Parcels 1:2 1:2 1:1
Public Parcels 1:1 l:1 2:1
Public Rights-of-Way, Easements, etc 1:1 2:1 3:1
Environmentally Sensitive Areas 2:1 2:1 3:1
Historic Corridor 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 permit. The
applicant assumes all duties and costs associated with mitigation.
(d) Tree preservation. Existing on-site trees that are three (3) inches DBH 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 are three (3) inches DBH or greater and 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.
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EXHIBIT A to Ordinance 95-10-101
ii. All other new replacement trees shall have a minimum two(2)inch caliper and ten(10)
foot height at time of installation.
iii. Palms shall have a minimum clear trunk height of eight(8)feet at time of installation.
iv. New replacement shade trees shall be of a species typically yielding an average mature
crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen
from the Atlantic Beach Recommended Species List, maintained and published by
the City. Upon approval of the Administrator, alternate species not appearing on the
recommended list may be utilized, but in no case shall trees from the Atlantic Beach
Prohibited Species List, also maintained and published by the City, be utilized for
mitigation credit.
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EXHIBIT A to Ordinance 95-10-101
(2) Selection criteria.
i. New oaks shall be used to replace removed oaks. Upon approval of the Administrator,
hardwood species yielding similar canopy may be used to mitigate removed oaks.
ii. New palms may be used only to replace removed palms. Upon approval of the
Administrator, a cluster of three (3) palms, subject to the other conditions of this
Section, may be used to meet the requirements of a single shade tree.
(3) Placement criteria.
i. Avoidance of underground utilities. No trees 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 of ten (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.
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.
(a) Determination of success. The applicant shall determine the condition of each tree,three(3)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) years of being planted or relocated,
the applicant shall be required to replace the tree within sixty (60) days of that determination. The
three-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.
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EXHIBIT A to Ordinance 95-10-101
(b) Large-scale projects. If a 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 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.
Sec. 23-37. Payment in lieu of replacement/relocation. It is the intent of this Chapter that all
reasonable methods be used to replace or relocate trees on-site. Payment to the Tree Fund in lieu of
replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved
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:
(a) For single and two-family residential uses. If an applicant, at the time of application,
demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation
on-site, the Administrator shall approve the application and issue a permit in accordance with
Section 23-23. The remaining balance of the required mitigation 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 or vegetation 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 Administrator fords,based
upon the above stated conditions, that on-site mitigation is not possible. Upon approval of a
mitigation plan by the Administrator, a permit shall be issued by the Administrator, and the
remaining balance of the required mitigation shall be payable to the Tree Fund within seven (7)
days of such determination.
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EXHIBIT A to Ordinance 95-10-101
(c)Where payment in lieu of replacement or relocation is approved, as set forth in preceding paragraphs
(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.
DIVISION 5. AREAS OF SPECIAL CONCERN.
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 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
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 within
designated historic corridors, shall be at a higher rate than removal of non-designated tree(s), as
specified in Section 23-33,as an extra 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(s) to engage in
development or other activity, which has the potential to damage, destroy or remove, or cause the
15
EXHIBIT A to Ordinance 95-10-101
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(s)shall be a violation of this Chapter:
(1) Permit and plans on-site. Approved permits and plans shall be available on-site at all times
during development activity.
(2) Responsible individual on-site. Whenever site work is ongoing, there shall be an individual at
the site who shall be responsible for the ongoing work and who shall have the familiarity with
the project to ensure work is proceeding according to approved plans. This provision is not
intended to require that a single individual remain on-site during all operations, only that at all
times there shall be a designated person in responsible charge.
(d) Maintenance requirements. It shall be a violation of this Chapter for any person(s) 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. Notice of Violation. Whenever the Administrator determines that a violation of this
Chapter has occurred, the Administrator shall immediately issue written notice to the person(s) 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 violation 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 permittee, or failure of the property owner if no permit exists, to take
immediate corrective action when there is an apparent danger to life or property;
(3) Whenever ongoing non-compliant work is not immediately and permanently stopped upon
receipt of a written or oral notice of violation;
(4) Whenever protection measures have not been implemented or maintained and danger to
regulated trees or regulated 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.
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EXHIBIT A to Ordinance 95-10-101
(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 violation into compliance, or it may specify
the cessation of specific work by functional nature, such as land clearing,regulated tree or regulated
vegetation removal, grading, roadway construction, building erection or utility construction. The
order may apply to the entire project or to geographical portions of the project that may be
individually specified.
(c) Failure to comply after notice of violation and Stop Work Order. If the person(s) in violation
fails to complete the required remedial action within the prescribed time, or continues any
development activity in violation of a stop work order, the Administrator may refer such matter to
the Code Enforcement Board or may initiate any other enforcement action or remedies as
authorized by law.
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 tree/vegetation
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 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(s) 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
violation 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(s) 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) Person(s)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.
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EXHIBIT A to Ordinance 95-10-101
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(s) 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.
(d) Sanctions for failure to obtain a permit.
(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 two(2)times the normal established application
fee specified in Section 23-26. 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 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)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 regulated
vegetation removed in violation of this Chapter, analysis of aerial photography or other such
accepted scientific methodology shall be used to make a determination as to the loss of canopy
and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00)
per square foot of canopy or land cover lost shall be assessed by the Administrator,and shall be
payable to the Tree Fund within seven (7) days of such assessment. No further work or
development shall proceed until the City is in receipt of any such assessed fine.
(4) Any person(s)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.
18