Item 7C v..
AGENDA ITEM # 7C
NOVEMBER 27, 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.
Director of Public Works
DATE: November 15, 2006
BACKGROUND: At the Juty 24th Commission Meeting, the Commission directed staff
to prepare an ordinance making administrative changes to the Tree
Projection ordinance. 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.
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RECOMMENDATION: Approve on first reading the recommended changes to
Chapter 23 Vegetation, Article II. Tree Protection
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BUDGET: No budget impact
~"' ATTACHMENTS: Ordinance no 06-
~"' REVIEWED BY CITY MANAGER:
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~" November 27~h Regular Meeting
AGENDA ITEM # 7C
NOVEMBER 27, 200G
ORDINANCE NO. 95-06-92
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING THE CODE OF ORDINANCES,
CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16
DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: The following provisions of Sections 23-15, 23-16 and 23-17 of
,~„ the Code of Ordinances of the City of Atlantic Beach, Florida, are hereby amended to
read as follows:
"(a) Sec.23-15.Intent.
(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 canopy;
(7) Promote the conservation of potable and nonpotable water by
encouraging the preservation of existing plant communities, encouraging the planting of
natural or uncultivated azeas, encouraging the use of site-specific plant materials;
encourage xerisc~ing and use of native species;
(b) Sec. 23-16. Definitions.
Director means the ci manager's
~pointee responsible for wdministering '' ,;',~:~R ^~'' ~~+° ^'°^ri~R
~' Tree Removal permits.
(c) Sec. 23-17. Applicability; removal of trees; minimum standards; permits;
mitigation; development; enforcement; violations and penalties.
(b)(2)(c) Any tree including any public 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 a-pretec-ted such tree
may be given by the director.
(d)(1) Permits for site clearing and the removal or relocation of a
protected tree including an~public 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 conversation 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
~"` Ordinance 95-06-92 Page 1 of 3
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AGENDA ITEM # 7C
NOVEMBER 27, 2006
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. Application for site clearing and tree removal or
relocation shall include the following:
~. (d)(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 any public easement,
public property or right-of--way shall obtain a permit from the deg board as discussed
in (1) above. All work shall be conducted in strict accordance with the National Arborist
,~ Association Pruning Standards for Shade Trees, the American National Standazds for
Tree Care Operations (ANSI #Z133.1), and any additional conditions of such permit. The
city and its franchise agents aze exempt from obtaining a permit to remove, trim, prune,
~„ cut, or disturb roots of any tree within a public easement or right-of--way.
(e)(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, ylzrotected oaks removed shall be replaced only with oaks.
With tree board concurrence, hardwood trees iey lding a similar canopy may be used. The
total caliper inches of replacement trees shall equal one-half ('/2) the total caliper inches
of protected trees removed, unless otherwise approved by the tree conservation boazd. If
multi-franked trees aze 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 aze determined by the city to be dead or deteriorated as a result of age, insects,
~* disease, fire, lightening or other acts of nature.
(g)(3)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 five dollars ($5.001
~"' per square foot of land cleared, which fine shall be assessed by the code enforcement
board. The contributions and fines assessed under this 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."
SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is
'~' hereby amended by adding a new section to be numbered Sec. 23-17(g)(3)d., which
section shall read as follows:
Ordinance 95-06-92 Page 2 of 3
NOVEMBER 2~7, 2006
"(g)(3)d. After a notice of violation has been issued by the city
inspector, an additional reinspection fee of Fifty and 00/100 Dollars ($50.00) shall be
'"' paid to the city before any work may begin again."
SECTION 3. This ordinance shall become effective immediately upon its final
~" passage and adoption.
PASSED by the City Commission on first reading this day of ,
2006.
PASSED by the City Commission on second and final reading this day of
2006.
ATTEST:
Donna Bussey, City Clerk Donald M. Wolfson, Mayor
Approved as to form and correctness:
Alan C. Jensen, City Attorney
Ordinance 95-06-92 Page 3 of 3