02-21-90``' BEAUTIFICATION MEETING
FEBRUARY 21, 1990
The Atlantic Beach Beautification Meeting met on Wednesday, February 21,
1990 at 7:30 p.m. in the Commission Chambers, at City Hall, Atlantic Beach.
In attendance were, Jody Ford, Chairman, Carl Walker, Carolyn Woods, Lyman
Fletcher, Joanna Fletcher, Barbara Bonner, Bob. Wilkins, Dezmond Waters,
Betty Carey, Bill & Bunny Morgan, Janine Temple, Sybil Fix, and Secretary
Georgia Horn.
Jody Ford and Garl Walker opened the meeting by discussing the bids they had
received in reference to the new "Welcome to Atlantic Beach" signs. They
said that out of the examples of work they looked at only one sign was hand
chiseled and sand blasted, which was what they wanted for the sign. The
committee agreed on a bid from Mr. Todd Lake with Ace Signs & Designs and
decided to present the bid to the Commission on March 12th. The committee
also discussed the landscaping for areas around the signs and they asked
Carolyn Woods if she would help to landscape the areas.
At this time committee members decided to discuss the changes in reference
to the Tree Ordinance they had been working on and turned the meeting over
to Co-Head Lyman Fletcher. The first topic talked about was the definition
of a tree in reference to the diameter of the tree. The committee decided to
change the diameter from 6 inches, to 4. They talked about the fines that
would be involved with breaking the Ordinance and Lyman Fletcher asked
Chairman Ford if the fines collected from violators could be put into an
account for the Beautification Committee. Jody said she would check into
seeing if this would be possible for the committee to do.
The next two hours of the meeting was spent on discussing the Ordinance and
some of the changes which the committee felt needed to be changed. Some
sections included were:
Section 23-17, 23-1$, 23-19, 23-20,.23-21, 23-23, 23-24, & 23-27.
,.,.
Page 2
Beautification Meeting
At the end of the Ordinance discussion, Carolyn Woods then made a brief
presentation of the 18th & 19th street Beach access and showed examples of
ideas which had been drawn up to improve these two areas. The plan included
some ideas such as:
1. Landscaping including vegetation
2. Parking & Signs
3. Sidewalks
She asked members to briefly look at plans and that at the next meeting she
would be able to discuss the plans more.
With no further .discussion, the next meeting date for March 14, 1990 was
mentioned and the meeting was adjourned at 10:00 p.m.
ORDINANCE 95-89-44
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITX OF ATLANTIC BEACH, AMENDING CHAPTER 23,
VEGETATION, BY AMENDING ARTICLE II, TREES, TO
PROVIDE FOR TREE PROTECTION, TO PROVIDE FOR A TREE
CONSERVATION BOARD, TO PROVIDE=~~`"FOR PERMITS,
INSPECTION REFURTS, REMOVAL.AND MAINTENANCE OF
TREES, AND PROVIDING AN EFFECTIVE 'DATE.
BE IT ORDAINED BY THE CITY COMMISSION,OF THE CITX OF ATLANTIC
BEACH, FLORIDA:
Section '1. Article II is amended to read TREE PROTECTION,
Sections 23-23 through 23-27 are added to Article ,x I, and Sections
23-16 through 23-19 of Article II are amended to read:
~~,,
Sec. 23-1b. Definitions.
The following words and phrases, when used herein, shall have
the meanings respectively ascribed to them:
Construction: Includes erecting structures and buildings,
placement of utilities, paving, topographical changes and installation
of drainage.
DBH: The diameter breast height measured in inches at 4.5
feet above ground level.
Designee: An appointed representative. ~ `7~
Development, redevelopment, renovatingi Any construction for
which an application for a building permit must be made prior to
initiation of any improvement. Also, in the case of vehicular-use
paving, any preparation or pavement (concrete or asphalt) of a site
intended for any type of vehicular-use.
Developer/bu.ilder/contractor: -Any person,' firm or other
legal entity that purchase s,. agrees to purchase or otherwise holds an
interest in real. property with the intent to, or, in fact does develop
said property for any construction (by himself or others) thereon for
,,~ which an application for a building permit will ultimately be
:required.
... '.r.. ', '
Dominant species: The specie occurring most frequently.
Dripline: An imaginary line extending perpendicularly down
from the outer most branches of a tree.
• Excavatioi
in any way changine
~Ha_z~ar~ous:
defects. 2~, e~5
tN~~'
Municipal:
z: The act of digging, cutting or scooping soil or
the existing grade of the land.
A ange(r~ by virtue of_ loca-t ion and/or presence of
_ L.l ~ ~ 1 '"1 a
Of or belonging to the city.
Park: All public parks owned by the city.
Positional conflict: By .virtue of its location, the tree's
dripline is encroached upon by site alterations.
w
Property owner: The person owning the property as shown in
the county tax roles.
Protective barrier: A man-made barricade tc prevent
disturbance of the trees growing environment. `~-~~ie~r
• Public place: All grounds owned by the city.
Razing: To scrape, cut or otherwise remove existing trees.
Site alterations: Any manmade change, disturbance or damage
to the existing topography or trees.
Street: The entire width of public right-of-way.
Tree: Any self-supporting woody plant of a species which
normally grows to an overall height of a minimum of fifteen (I5) feet
in this area, and is six (~~inches or larger in diameter at four and
one-half (4 1/2) feet from the ground.
Tree removal: Any act causing the death and/or elimination
of a tree.
_2_
Unique or special characteristic: A tree of unusual species,
configuration, size, age or historical background, including but not
limited to a liveoak, cypress or magnolia tree of thirty (30} inches
or more in DBH.
Sec. 23-17. Tree conservation board.
(a) There is hereby created ari.administrative body to be
known as the tree conversation board c~im15'osed of five (5} citizens of
the city. Each member shall be appointed and approved by the city
commission. An ex officio member shall bean individual trained in
arboriculture, landscape architecture, forestry or some other closely
related f field. r' ~~( ~~~ry~G~~~~
~~~~~0 r~
(b ) . All members d'~f the board wi 11 serve without pay. The
members shall be appointed,~`~s follows: Two (2) for two (2) years and
• three (3) for three (3) years and serve until their successors are
,,, duly appointed and approved by the .city commission... Successors to
the original members shall thereafter be appointed for terms of three
(3) years. Vacancies caused by death, resignation or otherwise, shall
be filed immediately for the unexpired term in the same manner as the
original appointments are made. Members of the board may seek
reappointment but they shall not serve more than two {2) consecutive
terms.
(c) Upon appointment and approval to the board, the members
shall meet and organize by the election of ;a chairman and secreta ry.
Rules and procedures shall be adopted for the holding of regular and
special meetings as the board shall deem advisable and necessary in
order to carryout its responsibilities.
(d) It is the intent that at Ieast two {2) members of the
board, if possible, be engaged in a business in the city.
(e) The board or its designee, shall have. the authority to
issue permits and grant exceptions in accordance.-with the provisions
of this chapter. The board, or :its designee, shall have the authority
of regulating the protection, maintenance and removal of trees on all
publicly and privately owned property as defined herein. The board or
its designee, shall have the authority to supervise or inspect all
work done under a permit issued in accordance with the provisions of
t h i s c h a p t e rv ~n t.- ~€ a-3~ ~ '~s-ta-t e me-n-t o-r-mi~sre~pre-s~e n~t-a-t i-en
1 p~ t.. ~- iC~s-a `u Qii l.C V1 L1 - ~~
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(f) The board shall hold C~J~~
man-thly public meetings or at
other times established by the board, to discuss issues and projects
relevant to its responsibilities. The board shall monitor the status
of tree care in the city and submit an annual report to the city
commission discussing progress, problems and needs relevant to tree
protection, maintenance, removal and planting. The board shall review
tree inspection reports as called for the section 23.21. The board
shall authorize or deny requests for tree removal as called for in
section 23.23. The board shall authorize or deny requests for
exception as called for in section 23.25. The board shall disseminate
news and information to the public regarding the protection,
maintenance, removal and planting of trees. The~~board shall prepare a
list of trees suitable for planting street -rights-of-way, parks, and
other. public places and certain private property as may be needed.
Sec. 23 ~~. Permit appl:ications.•
Any person required to obtain a permit as specified by the
provisions of this chapter shall make application for .same by filing a
written application at city hall. The application shall require a
caritten statement indicating the reason •t he permit is being sought and
'°''' justification for action requested,- and any other da"ta required by the
tree board and reasonably necessary to.~carry out its duties herein.
~.
Seca 23-k9`: Jurisdictional zones.
The following tree protection zones wherein permits are
required are hereby established:
(1) Primary zone: The right-of-way. of all public. street
• municipal parks, and all
other municipally owned property..
~~ p~$
(2 ) Secondary .zone.: All ~~x~o e ty~ ~' "
t__~,__ redeve~ 1,9pr~efitt ~ e r
--L- -------. ,_ ,~ _ ~~
{3) Tertiary zone: Presently d.eveloped~~~~.~••
commercial.or industr.ia,l property.
Sec. 23--20. Tree protection, practices which shall be
adhered to by applicants and persons subject to this chapter.
-4-
{a) Prior to making site alternations within any tree
protection jurisdiction zone the party proposing the site
alterations, or his designee, shall- conduct a thorough tree
inspection and written report of the site under consideration. The
purpose of the inspection is to evaluate the condition of the trees
and identify those best suited for preservation, The person
performing such task shall be an individual trained in arborculture,
landscape architecture, forestry or other closely. related field.
(b) Temporary protective barriers shall be erected around
trees identified for preservation where positional conflicts with site
alteration exists. The barrier shall not -kse-~1,ess than ten {10) feet
from the trunk, oz a distance in feet from the trunk equal to the
trunks DBH measured in inches, whichever is best-for the- tree, and may
not be removed until all construction is complete.
(c)~ded•c~~ w~thin the~d~ripline of a tree shall be
1a ~~~~-
(d) No construction material, equipment, chemical, fill dirt
'^. or other material shall be stored, or temporarily placed within the
dcipline of a tree.
G~t~~.nr~
~,~~~_~~ ~,,~~"\ (e) When excavation or paving occurs within en
{ a tree, said .tree shall be identified in a special
manner on the tree survey.- ` -
--~~-t~t,~1,1 ~~^^pct~i~C JG'C-~
(f} Vehible mo~~t-ement shall be confined, ,
to identified corridors .
(g) Ho wires, advertising posters, building permits or other
contrivance shall be attached to trees...
Sec. 23-21. Tree inspection reports.
Site alteration within tree protection jurisdiction zones
shall be outlined in tNe tree inspection report. Compiling the
information for the report is the. responsibility of the person
proposing the site alteration. The report shall be submitted to the
tree conversation board for review and comment prior to making site
changes. The report shall contain the following information:
;,
_~_
{a) A description of the general vegetative characteristics
of the site including the following:
(1) Dominate species of trees;
(2) Estimation of average number of trees per acre; and
(3) Overall condition of the trees and their approximate
age. •
{b) A description of the criteria used in selecting trees
for preservation.
,,:
. ~-•-~'
{c) A description of tree preservation measures that will be
implemented.• Also included shall be a schedule of when tree
preservation measures will be implemented.
d); Site plot plan with location of •proposed structures and
other planned features.
(e) A description of grade changes and their location.
(f) A description of alterations to the natural drainage
pattern.
"(g) Location of vehicle ingress and egress-corridors.
~_.~
-(-h~: A description of temporary protective barriers that will
be used to protect trees in positional conflict .with site development.
(i}• Location of staging areas where equipment and material
will be stored.
:'
.4-3~~- Location and manning in which .`'adverti-sing posters,
building permits, bench marks and other such items will`be displayed.
~("Jc ) At a minimum, a tree survey showing all trees wherein
construction will occur within the area of the dripline. Trees-with
stems within ten (10) feet of construction shall be indicated as
follows: ( )
Sec. 23-22. Inspections.
The city shall have the authority to perform at least two
inspections of the subject property during development for the purpose
of ensuring compliance with this chapter. The applicant must pass
inspections before further work is performed on the project.
F'
Sec. 23-23. Tree removal.
(a) No tree s hall be removed from ,the primary jurisdiction
zone without first obtaining a permit from the tree conservation
board,
- ~+1
(b) No tree with a DBH of six (~') inches or larger shall be
removed from the secondary or tertiary jurisdiction zone without first
obtaining a permit from the tree conservation board, or its appointed
designee, .gs~ix~-kris home on a lot in
a secondary zone shall be exempt.
(c ) No tree of unique or specia'1 ~characteristic as defined
herein shall be removed from any jurisdiction zone without first
obtaining ae mkt from the tree conservation board„
c~~v-.e . 2~cG.£-~~' nom"' .
(d) A dead or hazardous tree may~Ybe removed from ~~~her
jurisdiction zone without a permit from the tree conservation board if
a designee of the board has confirmed in writing the tree is indeed
dead or hazardous prior to its removal, and the location of same is
`"°' established.
Sec. 23-24. Tree maintenance
No person shall perform any tree surgery or maintenance work
on any tree in the primary jurisdiction zone without first obtaining a
permit from the tree conservation- board, Prior-~~to
completion_.--of.._..a----.de.velopmen-t-; ---proper--pruning may be performed.
Howe-ve_r-,=.V~b°ri.~,~,....r.i.g h tw.a.f-..saa-~-..,.w.,i_thi.n_._._.t.e.n....__(-1,0_.)....__f°e e~t"`" o.f _"e x i~s~t i n g
e~l e ct r i ca 1--power 1-in~-s-ha-1-~---be---e x e-m-pt-- ~o m ~"f'~f's~-r-e-qu°i-r-e-me-n-t ; -brit _ a
perm i-t s-h a ~:.~,.~-be-eb~ a one-d-.,E.car--t-h e -~~o~-t~c-ti om-rr£--r~e~w-pe~a.e-~. ~,.c~e s,.~. I f
a permit is issued, the person receiving such permit shall abide by
r_he specifications and standards prescribed by~ the tree conservation
board, and shall as a 'condition'. of such permit a gree
to hold harmless the city and its officials from any and all liability
which might result from the work or activity authorized.
Sec. 23-25. Exceptions.
Requests for modification of the standards of this chapter
shall be made to the tree conservation board. Upon receipt of such a
request the board shall thoroughly consider .its merit and render a
decision within thirty {30) days.- The request shall clearly-and in
detail state what modification or exception is being sought and the
_~_
reasons such a request.is warranted. The board may grant, modify or
deny the request based on protection of the public's interest,
preservation of the intent of this chapter or possible reasonable or
unnecessary hardship involved in the case.
Sec. 23-26. Appeals.
A decision of the tree conservation board may be appealed to
the city commission. An aggrieved party. may appeal the board's
decision provided they file a written request for an .appeal
containing the reasons therefore within ten,.- (10) days after the
board's decision. Such review shall be hea"rd by the city commission
within thirty (30) days thereafter and their decision shall be final.
Further appeals shall be made to a court of competent jurisdiction.
Sec. 23-27. Violations. ~~ ,~~`
Any person violating or failing to comply with any of the
provisions of this chapter shall, upon conviction thereof, be punished
~~...:
according to law. In addition, the person shall repla~e_the tree with
a size and species recommended by the tree .conservation board. Each
tree affected by noncompliance with this chapter shall constitute a
separate violation. Violation of this-chapter shall be the basis of
withholding a final inspection permit and certificate of occupancy
until such violation is corrected to the satisfaction of the tree
conservation board, the ci~,ty commission or the courts, whichever is
applicable. ~ .
~,
Sec. 23-28 - 23-35. eserved.
Section 2. This Ordinance shall take effect immediately
upon its final passage and adoption.
PASSED by the City Cammissionon first reading, this 11th
day of December, 1989. .. :==%'
PASSED by the City Commission on s nd an final rea 'ng,
this 8th day of 3anuary , 1990. ~ \
1
-.~ __ /
r1 r.:,~c
C /. s / / C-~....~~
I~lAiJR EN KING
`'° City Clerk
~69ILLIANI I. GULLIF012
Mayor, Presiding Of
Apg~roved as to form and correctness;
ALAN C. JENSEN, ESQUIRE
City Attorney
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