Item 8D v
AGENDA ITEM #8D
AUGUST 14, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Changes to Chapter 23 Vegetation, Article II. Tree
Protection
SUBMITTED BY: Rick Carper, P.E. /2~i
Director of Public Works
DATE:
July 24, 2006
BACKGROUND: At Strategic Planning in April, the Commission postponed an in-
depth review of the City's Tree Protection ordinance until after
several higher priority legislative issues had been addressed. The
Commission did agree to make administrative changes to address
non-controversial items. Recommended changes are summarized
below:
1. Adds enhancement of City rights of way and easements and
xeriscaping and use of native species to Tree Ordinance Intent;
~" 2. Deletes reference to Community Development Director as
City representative responsible for administering building and site
clearing permits;
3. Requires Tree Permit for removal of public protected trees
by residents;
4. Allows replacing protected oaks with hardwood trees yielding
similar canopies, with Tree Board concurrence;
5. Increases fine for `clear cutting' a lot without permit from $1
per square foot of land cleared to $5 per square foot;
6. Adds a $50 reinspect fee when a city inspector issues a
notice of corrections.
RECOMMENDATION: Approve on first reading the recommended changes to
~, Chapter 23 Vegetation, Article II. Tree Protection
BUDGET: No budget impact
ATTACHMENTS: Article II, Tree Protection with proposed changes highlighted
and underlined.
REVIEWED BY CITY MANAGER:
August 14"' Regular Meeting
~.
ARTICLE II. TREE PROTECTION*
*Editor's note: Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art.
II to read as herein set out. Prior to such amendment, Art. II consisted of § § 23-16--23-
27, which pertained to tree protection and derived from Ord. No. 95-89-44, § 1, adopted
January 8, 1990.
AGENDA ITEM #8D
AUGUST 14, 2006
Sec. 23-15. Intent.
It is the intent of these regulations to promote the health, safety and welfaze of the current
and future residents of the city by establishing minimum standadds for the protection of
~"" trees within the city in order to:
(1) Improve the aesthetic appearance of commercial, governmental, industrial, and
residential areas through the protection of trees during development;
(2) Improve environmental quality by recognizing the numerous beneficial effects of
trees upon the environment;
(3) Provide direct and important physical and psychological benefits to human beings
through the preservation of trees to reduce noise and glare, and to break up the monotony
~'"' and soften the harsher aspects of urban development;
(4) Promote innovative approaches to the design, installation and maintenance of trees,
thereby encouraging water and energy conservation;
~, (5) Increase and maintain the value of land by requiring a minimum amount of trees to
be incorporated into development; enhancement of City right-of--ways and easements
with tree canonv:
(6) Preserve existing natural trees and vegetation where possible;
'~' (7) Promote the conservation of potable and nonpotable water by encouraging the
preservation of existing plant communities, encouraging the planting of natural or
uncultivated areas, encouraging the use ofsite-specific plant materials; encouraee
~, xeriscapinQ and use of native species•
(8) Establish procedures and standards for the administration and enforcement of this
Pte;
(9) Establish a tree fund for the collection of monies from mitigation to be used for
~" lantin of trees in areas throu hout the ci , - ne~eted:.
P g g h'------------------------------------
(Ord. No. 95-95-64, § 1, 2-12-96)
Editor's note: Ordinance No. 95-95-64, § 1, adopted February 12, 1996, amended Art.
~,,, II by including provisions designated as § 23- 1. For purposes of classification and in
order to preserve numerical consistency, such provisions have been included herein as §
23-15 at the discretion of the editor.
Sec. 23-16. Defmitions.
The following words and phrases, when used herein, shall have the meanings respectively
ascribed to them:
AGENDA ITEM #8D
AUGUST 14, 2006
Buffer yard or strip means a strip of land, identified on a site plan or by zoning
ordinance requirement, established to protect one type of land use from another land use
that may be incompatible. The area is landscaped, maintained and kept in open space.
Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured
six (6) inches above the ground for trees up to and including four (4) inches in caliper,
and measured twelve (12) inches above the ground for trees exceeding four (4) inches in
caliper.
Construction means and includes erecting structures and buildings, placement of
utilities, paving, topographical changes, and installation of drainage.
DBH means the diameter breast height measured in inches at four and five-tenths (4.5)
feet above ground level. DBH for multi-trunked trees shall be determined by measuring
each trunk immediately above the fork and adding the total inches together.
Designee means an appointed representative.
Developer/builder/contractor means any person, firm or other legal entity that
purchases, agrees to purchase or otherwise holds an interest in real property with the
intent to, or in fact does, develop such property for any construction (by himself or
others) thereon for which an application for a building permit will ultimately be required.
Development, redevelopment, renovating means 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.
Director means ~ the City Manaaer's ~pointe~esponsible f_o_r_a_d_m_in_ isterin~ building_ _ _ _ ~ _ - ~e~eted: cununa~ity aeve~opmem
and site clearing permits. - director or
Dominant species means the specie occurring most frequently. Deleted: city's representative
Dripline means an imaginary line extending perpendicularly down from the outermost
branches of a tree.
Excavation means the act of digging, cutting or scooping soil or in any way changing the
existing grade of the land.
Hazardous means a danger by virtue of location and/or presence of defects.
Mitigation means trees required to be planted on property to replace a percentage of the
trees removed during construction, as defined in section 23-17(c), or, alternately, funds
deposited in the tree replacement account.
Municipal means of or belonging to the city or it's franchised agents.
Open space means all areas of natural plant communities or azeas replanted with
vegetation after construction, such as revegetated natural azeas; tree, shrub, hedge or
ground cover planting areas; and lawns, and all other areas required to be provided as
natural ground and landscaping.
Park means all public parks owned by the city.
Positional conflict means, by virtue of its location, tree tree's dripline is encroached upon
by site alterations.
Preserve area means vegetative azeas required to be preserved under the jurisdiction of
the Florida Department of Environmental Regulation, St. Johns River Water Management
District and/or the United States Army Corps of Engineers or other regulatory agencies.
Property owner means the person owning the property as shown in the county tax roles.
Protected tree means and includes all of the following:
(1) Private protected tree: Any tree on private property with:
~.
..
a. A DBH of six (6) inches or more located on any lot within twenty (20) feet of a street
right-of--way (including an approved private street or other access easement) and twenty
,~ (20) feet from the rear lot line or located within seven and one-half (7 1/2) feet of any
side property line; or
b. A tree with a DBH of twenty (20) inches or more located elsewhere on a residential
lot and a tree with a DBH often (10) inches or more located elsewhere on a commercial
~"" or industrial lot.
(2) Public protected tree: Any tree located on lands owned by the city, or other
governmental agencies or authorities, or any land upon which easements are imposed for
„~ the benefit of the city, or other governmental agencies or authorities, or upon which other
ownership control may be exerted by the city, or other governmental agencies or
authorities, including rights-of--way, parks, public areas and easements for drainage,
sewer, water and other public utilities, with:
~"' a. A DBH of six (6) inches or more located within a city or other governmental right-of-
way, or located on any pazcel within twenty(20) feet of a street right-of--way or rear
parcel line, or located on any parcel within seven and one-half (7 1/2) feet of any side
,~, property line; or
b. A DBH often (10) inches or more located elsewhere on the pazcel.
(3) Exceptional specimen tree: Any tree which is determined by the city commission to
be of unique and intrinsic value to the general public because of its size, age, historic
~'"' association, or ecological value or any tree designated a Florida State Champion, United
States Champion or World Champion by the American Forestry Association. The city
clerk shall keep a record of all specimen trees so designated and their location.
~, Protective barrier means a manmade barricade to prevent disturbance of the tree's
growing environment.
Public place means all grounds owned by the city.
Razing means to scrape, cut or otherwise remove existing trees.
~"" Site alterations means any manmade change, disturbance or damage to the existing
topography or trees.
Street means the entire width of public right-of--way.
~„ Tree means any self-supporting woody plant of a species which normally grows to an
overall height of a minimum of twelve (12) feet in this azea.
Tree removal means any act causing the death and/or elimination of a tree.
Tree replacement account means an account created by the city to be used exclusively
~"" for fmding public tree-planting projects, including up to ten (10) percent of the cost for
general landscape material. Donations to this account shall be on a voluntary basis and
may include monies donated per this section [i.e., defmition of "mitigation"].
~„ Understory means assemblages of natural low-level woody, herbaceous, and ground
cover species which exist in the azea below the canopy oT the trees.
Unique or special characteristic means a tree of unusual species, configuration, size, age
or historical background, including, but not limited to, a live oak, cypress or magnolia
~. tree of thirty (30) inches or more in DBH.
(Ord. No. 95-95-64, § 1, 2-12-96)
Sec. 23-17. Applicability; removal of trees; minimum standards; permits; mitigation;
development; enforcement; violations and penalties.
AGENDA ITEM #8D
AUGUST 14, 2006
AGENDA ITEM #8D
AUGUST 14, 2006
~w
(a) Applicability. The provisions of this section shall apply to all protected trees within
the city, unless specifically exempted herein.
(b) Removal ofprotected trees prohibited, exceptions.
(1) No person, organization, society, association or corporation, or any agent or
representative thereof, directly or indirectly, shall cut down, remove, damage or destroy,
or shall authorize the cutting down, removal, damage, or destruction of, any protected
~. tree, as defined in section 23-16 hereof, or shall commit any act or authorize the
commission of any act which physically removes a protected tree or causes a tree to die,
such as damage inflicted upon the root system by heavy machinery, chemicals or paving,
changing the natural grade above the root system and tree damage permitting infection or
~. pest infestation, without first having obtained a permit as herein provided.
(2) The following protected trees are exempted from the provisions of this section:
a. Any tree located on any property upon which either asingle-family dwelling or a
mobile home on an individual lot is located unless a permit for development,
redevelopment, or renovation, valued at ten thousand dollars ($10,000.00) or more, is
required, or anticipated within six (6) months following tree removal;
~ b. Any tree located in botanical gardens or in state-approved or government nurseries
and groves which are grown for sale or public purpose;
c. Any tree, including andpublic protected tree, that poses imminent danger to the
public health, welfare or safety, and requires immediate removal without delay. In such
+~* ~ instances, verbal authorization to remove `,such tree mad be given by the director_ _ _ , - peieted: a P~o~~~ea
During the period of an emergency such as a hurricane, flood or any other natural
disaster, the requirements of this section may be temporarily waived by the director, so
~ that private or public work to restore order in the city will in no way be hampered.
(c) Minimum tree standards.
(1) Minimum tree standards shall apply to all lots affected by permitted development,
redevelopment, or renovation valued at ten thousand dollars ($10,000.00) or more.
~'"' (2) Unless otherwise provided in this section, a minimum number of trees shall be
planted or preserved upon each site pursuant to the following standards, which are the
minimum requirements for landscaping within the city. Trees shall not be placed where
,~„ they interfere with site drainage or where they will require frequent pruning in order to
avoid interference with overhead power lines.
a. Minimum tree-planting requirements for all residentially zoned property upon which
either asingle-family dwelling or a mobile home on an individual lot is located or to be
'"" located: One (1) four-inch caliper tree shall be planted and/or preserved for every twenty-
five hundred (2,500) square feet of lot area, or portion thereof, excluding therefrom
preserve areas and water bodies. Preserving protected trees will offset this requirement.
~, b. Minimum tree-planting requirements for all nonresidential zoned property upon
which either asingle-family dwelling or a mobile home on an individual lot is located:
1. One (1) tree shall be planted and/or preserved for every eight thousand (8,000) square
feet of parcel azea or portion thereof, excluding therefrom preserve areas and water
""' bodies in all commercial districts, except as otherwise provided herein.
2. One (1) tree shall be planted and/or preserved for every ten thousand (10,000) square
feet of parcel azea or portion thereof, excluding therefrom preserve areas and water
,,, bodies in any industrial district or public (government) use district.
AGENDA ITEM #8D
AUGUST 14, 2006
(d) Permit procedures and criteria for tree removal, relocation and replacement of
protected trees.
,~ I (1) Permits for site clearing and the removal or relocation of a protected tree, includine
anv aublic protected tree in a right of way or easement by a property owner shall be
obtained by filing an application. Approval of the application by the tree conservation
board and issuance of a permit by the director shall be required prior to any land clearing
'~ or grubbing, prior to any disturbance of the root system or site development, or prior to
the occurrence of any changes to an existing developed site. The site shall be inspected to
insure compliance with the approved site plan prior to any additional permits being
,~ issued. Applications for site clearing and tree removal or relocation shall include the
following:
a. A site plan, at a scale which clearly illustrates the requirements of this section,
including the following:
~'" 1. The lot configuration;
2. The location and identification of existing and proposed improvements, if any,
including structures, water retention areas, paving, grade changes, utilities, easements,
~, and street rights-of--way or approved private streets;
3. The location and identity, by botanical or common name and DBH, of protected trees
to be removed, relocated, or retained;
4. The location of preserve areas;
~"' S. The location of ingress/egress corridors and staging areas;
6. The location of all temporary protective barriers;
7. The location of all trees to be used for mitigation credit.
,~„ b. A statement explaining why the protected tree is proposed to be removed or relocated.
(2) An application for a permit for the clearing, removal or relocation of a protected tree
shall be reviewed as designated in subsection (b)(1) above and a decision shall be made
thereon within fifteen (15) working days after receipt of such application or by agreement
by both parties to a time frame.
Any person, organization, society, association, corporation or agent thereof who intends
to trim, prune, cut, disturb roots, or to destroy or remove any tree from a public easement,
,,,, public property or right-of--way shall obtain a permit from th~Board as discussed in (11 _ _ , - ~eieted: a„~~co~
above. All work shall be conducted in strict accordance with the National Arborist
Association Pruning Standazds for Shade Trees, the American National Standards for
Tree Care Operations (ANSI #Z133.1), and any additional conditions of such permit. The
"R city and its franchise agents are exempt from obtaining a permit to remove, trim, prune,
cut, or disturb roots of any tree within a public easement orright-of--way.
(e) Mitigation criteria and procedures.
es (1) Any relocation of trees in compliance with this section shall be performed in
accordance with accepted industry practices, including watering to insure survival of
transplanted stock. Transplanted trees must be guaranteed for at least one (1) year.
(2) Protected trees identified for removal on the site clearing or tree removal permit
application shall be replaced with new planted trees, unprotected trees or transplanted
trees. In general, ~Fotected oaks removed shall be replaced only with oaks. With Tree _ _ _ _ - Heisted: P
Board concurrence, hardwood trees yielding a similar canony may be used The total
~,. caliper inches of replacement trees shall equal one-half (1 /2) the total caliper inches of
protected trees removed, unless otherwise approved by the tree conservation board. If
,,.,..
~,»
multi-trunked trees are used as replacement trees, then the total caliper of the four
(4)largest trunks shall equal the replacement caliper. New palms may be used only to
replace protected palms removed. No replacement will be required for protected trees
which are determined by the city to be dead or deteriorated as a result of age, insects,
disease, storm, fire, lightening or other acts of nature.
a. New replacement trees shall be a minimum of Florida Number One defined in the
°~ most current edition of the Grades and Standards for Nursery Plants, Parts I and II,
published by the Florida Department of Agriculture and Consumer Services. Trees shall
be a species having an average nature crown spread of no less than thirty (30) feet in
,~ Northeast Florida. Trees shall have a minimum two-inch caliper and a minimum often
(10) feet in overall height.
b. Existing trees, three-inch caliper or greater, which are not protected trees or
transplanted, may be utilized to satisfy tree replacement requirements, subject to the
~* conditions stated in this subsection.
c. New, preserved nonprotected, or transplanted oaks used as replacement for removed
protected oaks shall be four-inch caliper or greater.
,~ d. Existing protected trees which would otherwise be removed from the site because of
development maybe utilized to satisfy tree replacement requirements if transplanted to a
location on the site which meets the requirements of this subsection.
e. If protected tree removal is associated with new development, the name, size and
'~"" location of all replacement trees shall be shown on the required landscape plan and such
trees shall be installed prior to the final building inspection and issuance of the CO.
Otherwise, the name, size and location of the required replacement trees shall be shown
~. on the site plan required for site clearing or tree removal and such trees shall be installed
within the time limit stated on the site clearing or tree removal permit.
f. Existing nonprotected trees, transplanted trees and new trees used for replacement
become protected trees.
~"" g. Replacement trees shall be maintained by watering and guaranteeing the tree for one
(1) year. Failure to maintain the trees shall be deemed a violation of the zoning code.
h. A tree used for replacement shall be at least ten (10) feet from any other tree planted,
~„ transplanted or preserved.
i. If the applicant demonstrates to the satisfaction of the director that the site cannot
accommodate the total number of required replacement trees as a result of insufficient
planting area, the applicant shall provide a monetary contribution to the tree replacement
account. The amount of such contribution shall be determined as follows: For every two
(2) caliper inches, or fraction thereof, of replacement trees which would otherwise be
required, the contribution shall be equal to the retail value of a planted two-inch caliper
~,,, nursery-grown shade tree. The retail value shall be calculated by taking the average of the
median current wholesale price, published by North Florida nurseries, for a container
grown, and a balled and burlapped two-inch caliper laurel oak, multiplied by two (2). The
retail value shall be recalculated and adjusted annually on October 1.
~"" (3) Tree replacement fund monies may be expended by the city for funding public tree
planting projects. Eligible tree planting projects may include projects on private property
but only on properties where the city commission has determined that there is a
~,,, substantial deficiency in tree canopy. Disbursement of tree replacement funds for private
property projects may not collectively exceed two thousand dollars ($2,000.00) annually.
AGENDA ITEM #8D
AUGUST 14, 2006
~.
Up to ten (10) percent of each approved project budget maybe used for associated soil
preparation materials and mulch.
(f) Tree protection during development. All protected trees, preserved understory
'~ vegetation, and trees retained for tree credit, pursuant to subsection (e), shall be protected
from injury during any land clearing or construction in the following manner:
(1) Prior to any land-clearing operations, tree limbs which interfere with construction
shall be removed and temporary barriers shall be installed around all trees and other
understory vegetation to remain within the limits of land clearing or construction and
shall remain until the completion of the work. The temporary barrier shall be at least
three (3) feet high, shall be placed at least six (6) feet away from the base of any tree,
shall include at least fifty (50) percent of the area under the dripline of any protected tree
or trees retained for tree credit pursuant to subsection (e), and the barrier 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 temporary wire mesh fence, or other similar
barrier which will limit access to the protected area. Tree protection shall comply with
the guidelines in the Tree Protection Guide for Builders and Developers by the Florida
,. Division of Forestry and any other reasonable requirements deemed appropriate by the
director to implement this part.
(2) No materials, trailers, equipment or chemicals shall be stored, operated, dumped,
buried or burned within the protected areas. No attachment, wires (other than protective
~* guy wires), signs or permits shall be attached to a protected tree.
When removing branches from protected trees to clear for construction or pruning to
restore the natural shape of the entire tree, the guidelines in the National Arborist
~ Association Pruning Standards for Shade Trees and the American National Standards for
Tree Care Operations (ANSI #2133.1) shall be followed. Protected trees shall be pruned
to remove dead or damaged limbs and to restore this natural shape, and fertilized as
necessary to compensate for any loss of roots and to stimulate root growth. Any damage
~" to tree crowns or root systems shall be repaired immediately after damage occurs.
(g) Enforcement; violations and penalties; stopping work, correction of violation;
assessment and recovery of civil penalties.
(1) Notice of violations. Whenever the director has evidence that a violation of any
provision of this subpart [section] has been or is being committed, he shall issue a written
notice or order upon the violator by personal service, certified mail, or by posting a copy
in a conspicuous place on the premises where the violation has occurred or is occurring.
~" The notice shall briefly set forth the general nature of the violation and specify the
manner and a time within which the violation shall be corrected.
(2) Stopping work. Failure to correct violations within the time period set forth in the
~,,, notice of violation shall constitute grounds for the issuance of a stop work order. All
work on the site shall be suspended until the violations have been corrected.
(3) Correction of violation. A violation of this article shall be corrected as follows:
a. By paying the permit fee due the city for the work, which permit fee shall be twice the
~'"' amount of the regular permit fee specified on the application which would have been due
had the permit been obtained prior to commencing work, and by replacing the protected
trees removed without a permit with new planted trees, unprotected trees or transplanted
~„ trees. The total caliper inches of the replacement trees shall equal the total caliper inches
of the protected trees removed. A tree replanting plan showing howthe damage caused to
AGENDA ITEM #8D
AUGUST 14, ?006
AGENDA ITEM #8D
AUGUST 14, 2006
the site by the violation will be mitigated shall be subject to the review and approval of
the tree conservation board and the trees installed within the time limit stated on the
permit. Replacement trees shall meet the requirements of subsection (e), except that the
minimum caliper of the replacement tree shall be four (4) inches, and the plan shall meet
the requirements of subsection (d) to the extent applicable; or
b. By paying the permit fee due the city for the work, which permit fee shall be twice
the amount of the regular permit fee specified on the application, which would have been
due had the pernrit been obtained prior to commencing work, and by making a
contribution to the tree replacement fund to compensate for each replacement tree which
is not planted. The amount of such contribution shall be determined pursuant to the
formula described in subsection (e)(2)i.;
c. If the site has been cleared and the trees have been removed from the site so that the
director is unable to determine with reasonable certainty the number of protected trees
removed in violation of this subpart [section], the violation shall be corrected by paying a
civil fine of up to rve dollars $5.00 _per_sq_uare foot of land clearedZ which fine shall be_ _ _ - ~eieted: one
assessed by the code enforcement board. The contributions and fines assessed under this _ ~' oe~eted: (s~.oo>
,~ subsection shall be payable to the city immediately within seven(7) days after
assessment. All amounts received by the city pursuant to this subsection shall be
deposited in the tree replacement account. No work shall continue on the site until the
tree replanting plan has been approved or the contribution and/or fine has been collected.
d. After an issue of notice of corrections is issued by the city inspector, a reinspect fee of
$50.00 shall be paid.
(4) Appeals. A person aggrieved by an administrative order, determination or decision
of the director may appeal the order, determination or decision to the city commission.
(5) Violation and penalties. A person who violates any provision of this section, and
'~'" fails to correct the violation as provided herein, shall, upon conviction thereof, be guilty
of a violation of this article and punished accordingly. A separate offense shall be
deemed to have been committed for each tree removed, damaged, or destroyed contrary
~,,, to the provisions of this article.
(6) Judicial remedy. In addition to other remedies and notwithstanding the existence of
an adequate remedy at law, the city may seek injunctive relief in the circuit court to
enforce the provisions of this section. The city shall be entitled to reasonable attorney's
'"" fees and costs, including appellate fees and costs in an action where the city is successful
in obtaining affirmative relief.
(Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 95-00-73, § 1, 3-27-00)
Sec. 23-18. Reserved.
Sec. 23-19. Tree conservation board.
'"" (a) There is hereby created an administrative body to be known as the tree conservation
board composed of five (5) citizens of the city. Each member shall be appointed and
approved by the city commission. An ex officio member shall be an individual trained in
,~„ arboriculture, landscape architecture, forestry or some other closely related field.
AGENDA ITEM #8D
AUGUST 14, 2006
(b) All members of the board will serve without pay. Following the expiration of the
terrns of office of current board members the term of office shall be for two (2) years and
members may serve a maximum of four (4) consecutive terms. Vacancies caused by
death, resignation, or otherwise shall be filled immediately for the unexpired term in the
same manner as the original appointments are made.
(c) Upon appointment and approval to the board, the members shall meet and organize
by the election of a chairman and secretary. 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 carry out its responsibilities.
(d) It is the intent that at least two (2) members of the board, if possible, be engaged in a
business in the city.
(e) The board shall:
(1) Review applications for site clearing and removal and relocation ofprotected trees,
and render a decision on applications within fifteen (15) calendar days of receipt of such
application and prior to issuance of a permit by the director, as called for in this article.
(2) Require mitigation ofprotected trees, as called for in this article.
(3) Bring to the attention of the director any violations of this article and recommend
appropriate action toward enforcement and correction, as provided in this article.
(4) Review and make recommendations to the director on requests for modifications of
the standards of this article.
(f) The board shall hold public meetings twice monthly, or at other times established by
the board, to review applications and to discuss issues and projects relevant to its
responsibilities.
(g) The board shall review, approve or deny requests for tree removal as called for in
section 23-17 and may require mitigation of trees removed. In determining mitigation
requirements, the board shall consider the following:
(1) The existing tree canopy of the lot.
(2) The tree canopy of the adjoining lots.
(3) The topography of the lot.
(4) The efforts of the applicant to minimize the loss of trees, through the size and design
of the structure.
(5) The cumulative effects of the tree loss.
(6) Tree removals will be consistent with the intent of this article and will not be
detrimental to the public welfare.
(h) The board shall authorize or deny review, approve or deny requests for exceptions 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.
(Ord. No. 95-95-64, § 1, 2-12-96; Ord. No. 5-03-42, § 3, 7-14-03)
~'" Sec. 23-20. Removal of members.
Any member of the tree conservation board may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to
~„ attend (3) consecutive meetings without cause shall have his office declared vacant unless
AGENDA ITEM #8D
AUGUST 14, 2006
the member's absence is excused by a majority of the board members, and the city
commission shall promptly fill such vacancy.
(Ord. No. 5-03-42, § 3, 7-14-03)
Sec. 23-21. Reserved.
Sec. 23 -22. Inspections.
The city shall have the authority to perform inspections of the subject property during
development for the purpose of ensuring compliance with this article. The applicant must
pass inspections before further work is performed on the project.
(Ord. No. 95-95-64, § 1, 2-12-96)
Secs. 23-23, 23-24. Reserved.
Sec. 23-25. Exceptions.
Requests for modification of the standards of this article 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 article, or possible unreasonable or
unnecessary hardship involved in the case.
(Ord. No. 95-95-64, § 1, 2-12-96)
Secs. 23-26--23-35. Reserved.
sr