Exh 8GAGENDA ITEM #8G
FEBRUARY 28, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
.. STAFF REPORT
• • AGENDA ITEM: Proposed Revisions to the Tree
SUBMITTED BY: Jim Hanson,~Ci
DATE: February 17, 2005
• ~ BACKGROUND: Following a recommendation by the City's Tree Board to designate a
"Tree Canopy Preserve Corridor" in the Selva Norte Subdivision, and
after considerable discussion, the Commission instructed the city staff to
prepare alternative amendments to the tree ordinance in accordance with
recommendations made by Mayor Meserve and the staff. The staff reports
of July 2, 2004 and February 26, 2004 are attached for reference.
Since those amendments were requested by the City Commission, several
other amendments to the tree ordinance have been proposed. This staff
' ' report is to transmit the proposed amendments from July 2004, to respond
to the request made by Commissioners at the last commission meeting on
February 14, 2005 to study possible amendments to the tree ordinance,
' ' and to ask the City Commission for further direction.
The changes proposed from last summer are included in the marked up
' ordinance, which is attached. A summary of the changes follow:
1) This will provide for the possible fine by the Code Enforcement
' ' Board for removal of trees without an approved permit. This fine
would be in addition to any mitigation that may have been assessed
by the Tree Board under the current ordinance. As the ordinance is
currently written, the payment of the mitigation precludes the Code
• ~ Enforcement Board considering the issue. The only reason that the
Code Board would currently become involved is if an owner failed
to pay the mitigation amount.
2) The permitting for the removal of trees on public right-of--way to be
changed to the Tree Board. Presently, removal of trees in the right-
• ~ of-way is approved by the City Manager, although I have made it a
• policy to send private permit applications to the Tree Board for
their recommendation. The exclusion for the city and the city's
-~ franchise utilities would remain in place.
3) This ordinance will raise the cost of, and place an index on, the fine
for clear cutting lots without permits. This fine is assessed when the
city cannot determine how many trees were removed and what
sizes they were. This fine was originally set at $1.00 per square
' ' foot when the tree ordinance was originally adopted in 199b. This
AGENDA ITEM #8G
FEBRUARY 28, 2005
would raise it to $2.00 per square foot and cause into be increased
in the future in an amount proportionate to any changes in the cost
for other tree mitigation.
4) Other minor modifications have been made to the ordinance to
clarify the language.
At the last city commission meeting, two Commissioners asked to
consider the possibility of requiring permits for tree removals and
substantial trimming on all lots in Atlantic Beach. Presently, residential
lots that single family have homes upon them are excluded from
permitting as long as building or development permits are not otherwise
required. Attached is a report entitled "Comparison of Tree Removal
/Trimming Requirements" which shows the current requirements in the
' three beach cities in Duval County. There are two significant differences
in the requirements between Atlantic Beach and the other cities. The fast
is the residential lot exclusion in Atlantic Beach. In Neptune Beach and
' Jacksonville Beach, permits are required for the removal of all trees over 6
inches in diameter (excluding pines and palms in Jacksonville Beach).
The second major difference is the specification of an interior zone in the
Atlantic Beach Code that only regulates the removal of trees in excess of
20 inches. The other beach cities regulate removal of trees above 6 inches
regardless of their location on the lot.
One important issue to consider concerning possible additional permitting
requirements is workload. Jacksonville Beach reports the number of
.permit applications running from 78 to 131 per year over the last three
years. Most areas of Atlantic Beach are more heavily wooded than
Jacksonville Beach, so the permit load may be more if we had the same
regulations. The Atlantic Beach Tree Board already meets more frequently
- than any other board (or even the Commission), and has asked staff to
. handle the permitting for removal of single trees. It would appear
impractical to put this additional load on the Tree Board and the additional
- work for city staff to prepare the applications for Tree Board consideration
would exceed the staff time available. Consequently, some discussion as
- to where to delegate the authority and workload for tree removal permits
- should be had prior to final decisions being made.
Last, possible amendments to the tree ordinance have come up in each of
the last workshops dealing with community character. One idea raised
. was whether the city should require the planting of shade trees in front
yards when major reconstruction projects are permitted. Without this, or
an aggressive program of planting trees on the right-of--way, many streets
will ultimately be denuded of street side shade.
` " BUDGET: Additional city cost may be incurred if permitting is needed for a larger
.., number of trees. This cost would depend on the option
chosen by the Commission for the delegation of approval for these
- permits. Handling a majority of them at the staff level would certainly be
AGENDA ITEM #8G
FEBRUARY 28, 2005
less costly than requiring all of them to be approved by the Tree Board.
• There would also be some additional revenues by additional permits being
issued, but the number is not yet known.
RECOMMENDATION: Direction from the City Commission is needed. Your options would
• ~ include:
1) Moving ahead with the adoption of only the amendments proposed
from July 2004.
• 2) Add at this time additional proposed amendments to require
permitting for the removal of all trees over six inches on private
• ~ property.
3) Hold any amendments to the tree ordinance until. we are further
along in the community character workshops to determine what
• additional changes may be needed.
ATTACHMENTS: 1) Staff Report of July 2, 2004
' 2) Staff Report of February 26, 2004
.. 3) Proposed changes to Tree Ordinance
4) Report of "Comparison of tree removaUtrimming requirements"
' ' between the three beach cities
__ ._
AGENDA ITEM #8G
TEBRUARY 28, 2005
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Revisions to the Tree Ordi ance
SUBMITTED BY: Jim Hanson, C' b
DATE: July 2, 2004
BACKGROUND: Several months ago the Atlantic Beach Tree Board made a
• recommendation to the City Commission to designate several streets
in the Selva Marina and Selva Norte subdivisions as a "Tree Canopy
Preserve Corridor". The intent of this designation is to provide additional
• protection to existing trees in the Corridor, and particularly trees on the
public right-of--way.
- ~ In a staff reported dated February 26, 2004 (copy attached) I pointed out
that some of the things that the Tree Board was trying to accomplish with
the "Corridor" designation could and should be applied on a citywide
basis and that several other modifications to the tree ordinance appeared
necessary to further enhance the protection of trees in our City. Mayor
Meserve added his comments concerning the need to amend the city's tree
ordinance in a memo sent on March 8, 2004 (copy attached). With these
. recommendations in mind, the City Commission requested that the Tree
Board prepare amendments to the tree ordinance for the Commission to
' consider.
In a response received on June 23, 2004 from Chairman Shaughnessy
' (copy attached), the Board has recommended that the City Commission
adopt the originally proposed "Protected Corridor Ordinance" and fund
the survey of trees in that designated area estimated to cost $9,000.
BUDGET: The Tree Board estimated the cost for the survey of trees along the right-
of-way at $9,000.
• - RECOMMENDATION: That the City Commission instruct city staff
to prepare amendments to the City's tree ordinance in accordance with
earlier discussions and present those amendments to the Commission for
- review and adoption. The question of funding a survey for the location of
trees in the SeIva Marina and Selva Norte subdivisions, or on a citywide
basis, can be reviewed during the upcoming budget workshops in August.
ATTACHMENTS: 1) Proposed ordinance creating a Tree Canopy Preservation Program
received from the Tree Board in January of 2004
AGENDA ITEM #8G
FEBRUARY 28, 2005
2) StaffReport dated February 26, 2004
3) Memorandum from John Meserve to Jim Hanson and Maureen King
dated March 8, 2004
4) Memo from Tree Board Chairman to City Commission received on
June 23, 2004
AGENDA ITEM #8G
FEBRUARY 28, 2005
CITY OF ATLANTIC BEACFI
CITY COIYIMISSION MEETING
STAFF REPORT
AGENDA ITEM: Tree Canopy Preservation Co
SUBMITTED BY: Jim
DATE: February 26, 2004
BACKGROUND: This staff report is intended to answer some questions raised by the City
Commission relating to the recommendation from the Tree Board to
designate the Selva Marina Subdivision as a "Tree Canopy Preservation
Corridor", to share some observations about the proposed ordinance, and
to make a recommendation to the Commission as to how to proceed.
First, it should be recognized that the Tree Board has contributed greatly
to the quality of life in Atlantic Beach. Their decisions have caused for
the preservation of numerous trees that would have been needlessly cut
down by developers because of poor planning or lack of concern for the
city's tree canopy. They have also approved many trees to be replanted on
construction sites through the mitigation requirements and have caused for
a significant amount of money to flow into the city's Tree Fund to allow
for the many planting projects that have occurred over the last several
years. Any recommendations here are intended to further enhance the
city's tree ordinance and support the Tree Board's diligent work.
A number of problems exist with the language of the proposed ordinance,
and some other amendments to the tree ordinance should be considered.
First, the proposed language allowing the Tree Board to recommend to the
• Code Enforcement Board a penalty not to exceed $500 per tree in the
Selva Marina Subdivision would be more appropriately applied to illegal
tree removal citywide. The ordinance as written would create a new "Tree
Preserved Corridor" designation, which would be separate from the
existing "Historic Tree Preservation" designation and would apply only to
'~ the Selva Marina Subdivision. The Code Enforcement Board presently
• • has the authority to impose a fine not to exceed $5,000 where the Board
finds violations to be "irreparable or irreversible in nature". Removal of
significant trees clearly falls into this category. The Tree Board's intent is
to their ability to not only impose mitigation for people who remove trees
AGENDA ITEM #8G
FEBRUARY 28, 2005
without permits but to recommend fines to the Code Enforcement Board
in addition to that mitigation spelled out in the Tree Ordinance.
Second, the proposed ordinance would apply only to trees on the public
. „ right-of--way in the Selva Marina Subdivision. Both city projects and
removal by private owners and developers would be covered by this new
' requirement to get Tree Board approval prior to cutting any tree on the
right-of--way. In past years, private owners that have wanted to remove
trees on city right-of--way have received permission from the Public Works
Department, although in the last few years, it has been.my policy to ask
the Tree Board for review in permitting of any such proposed tree
removals. It may be appropriate to consider an amendment to the
ordinance, which clearly requires approval of the Tree Board before
. private individuals can remove trees from the public right-of--way in any
part of the city and not just the Selva Marina Subdivision.
Next, the reasons enumerated that would allow the Tree Board to issue a
permit for removal of the trees on right-of--ways in this proposed new Tree
Preserved Corridor is considerably more restrictive than those reasons in
the present ordinance under the "Historic Tree" section. The proposed
ordinance only allows removal when "the safety of the general public or
adjacent residence is threatened by such historic trees or landscaping or
where the overall value of the corridor will be enhanced by such removal."
The Historic Tree Ordinance (Section 23-~8) aisa allows for the removal
where it is necessary for ingress and or egress from a property, when
' special circumstances exist such as necessity of handicap accessibility or
when there is another valid or Legitimate reason for their removal.
Consequently, the proposed ordinance may unduly constrain the Tree
Board's ability to issue tree removal permits in the future.
Both the proposed Tree Preserved Corridor designation for the Selva
Marina area and the existing requirements of the Historic Preserved
Corridor which apply to East Coast Drive and Ocean Boulevard would
require that professional tree surveys be obtained and made part of the
public record. The cost of the survey was over $6,000 for the East
Coast/Ocean area. No price tag has been estimated for the survey in the
Selva Marina Subdivision. The logic behind requiring a survey is to
ensure that records exist in case trees are illegally removed and it is
impossible to thereafter determine how large the trees were. The concern
for illegal removal of trees on the right-of--way is legitimate on a citywide
'~ ~ basis, but the cost fer preparing such surveys citywide would be
prohibitive. One alternative may be to prepare a videotape of city streets
that could later be used in the case of illegal removals.
' The proposed ordinance would require that the City of Atlantic Beach
also obtain permits from the Tree Board prior to the removal of any trees.
AGENDA ITEM #8G
FEBRUARY 28, 2005
The present tree ordinance (Section 23-17(d))2)(n) exempts "the City and
• „ its franchise agents from obtaining a permit to remove, trim, prune, cut, or
disturb roots of any tree in the public right-of-way." The City's utility
system work for water and sewer lines, street work and storm.drainage
_, work and public safety considerations are often narrowly constrained by
engineering demands and the work oaten is of an emergency or urgent
nature. Consequently, the City's work within the public right-of--way is
. , essentially different in many ways from a private owner's desire to
remove trees. Requiring the City to get these permits would certainly
• delay any projects and may be unnecessary.
Last, there may be some additional amendments to the existing ordinance
that should be considered. Among these would be increasing the fine for
clear cutting a lot before getting a permit. The impact of the $I/square
foot established when the Ordinance was originally passed may have been
deflated over time so as to be easy to view by developers as just a "cost of
doing business".
BUDGET: The cost implications of this ordinance apply to the requirement to obtain
professional surveys locating the trees along the right-of--way and their
size. No estimate has been made yet as to the cost of these surveys either
in the Selva Marina Subdivision or citywide.
RECOMMENDATION: The proposed ordinance should be sent back for further work to
. incorporate the recommendations listed above.
ATTACHMENT: Ordinance 95-04-86 Ready for first reading as recommended by the Tree
Board.
AGENDA ITEM #8G
FEBRUARY 28, 2005
ORDINANCE NO. -OS-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 23,
• VEGETATION, ARTICLE II, TREE PROTECTION, SECTIONS
23-1G AND 23-17 IN REGARD TO DEFINITIONS, MITIGATION
AND PENALTIES, AND COMMERCIAL PROPERTIES, 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: Sec. 23-16. Definitions, "Director" and "Mitigation"; Sec. 23-17.
Applicability, etc., sub-sections (b)(2)c., (d)(1), (d) (2), (e)(2) and (g)(3)c. of The Code of
Ordinances of the City of Atlantic Beach, Florida, are hereby amended to read as follows:
(a) "Sec. 23-1G. Definitions.
(1) Director means the city's
representative responsible for administering building and site clearing permits.
(2) 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), and/or funds deposited in the tree replacement account, and/or fines imposed as
additional miti _ata ion pursuant to this article."
(3) All other definitions in this section shall remain the same.
(b) "Sec. 23-17. Applicability; removal of trees; minimum standards;
• " permits; mitigation; development; enforcement; violations and
penalties.
(1) (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•-1~~teEted such tree
may be given by the director.
(2) (d)(1). Permits for site clearing and the removal or relocation of a
` protected tree, including andpublic protected tree in a right-of-wad, 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 the site clearing and tree removal or relocation shall include the
following: (rest of section remains unchanged
AGENDA ITEM #8G
FEBRUARY 23, 2005
(3) (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 a public easement,
' public property or right-of--way shall obtain a permit from the director. All work shall be
conducted in strict accordance with the National Arborist Association Pruning Standards
for Shade Trees, the American National Standards for Tree Care Operations (ANSI
#Z133.1), and any additional conditions of such permit.
b .~ o~ a z[c~ic~A ,
(4) (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. Protected oaks removed shall be replaced only with oaks.
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, or unless the protected trees removed are in a right-of-way, in which case the
replacement trees shall equal 100% of the total caliper inches removed. 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, lightning or other acts of nature.
(5) (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 ene-dell^~83 two dollars ($2.00)
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. In the event of an increase in the cost per
caliper inches for mitigation by monetary contributions provided for in Sec.23-17(e)(2
above, then in that event the two dollars ($2.00) pep r square foot civil fine set forth above
shall be increased by the same percentage."
SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is
. hereby amended by adding new sections to be numbered Sec. 23-17(g)(3)d., Sec. 23-17
(g)(3)e and 23-17 (h) which sections shall read as follows:
AGENDA ITEM #8G
FEBRUARY 28, 2005
(a) "Sec.23-17(g)(3)d. The fees, fines and penalties provided for
herein shall be doubled if the violation occurs on anv commercial property. Trees and
_ other vegetation are more valuable and more prominent on commercial properties, and
the penalties for violations hereunder should be more severe than for violations on non-
commercial pro erties.
(b) "Sec. 23-17 (g)(3)e. If the tree conservation board finds anv
violation of this article to be egregious, that is, resulting from a flagrant disregard of this
article or conduct resulting in irr~arable or irreversible damage, then the board may refer
the violator to the Code Enforcement Board for it to consider imposing fines as
' "additional mitigation." The tree conservation board may also recommend an amount to
the Code Enforcement Board for any such "additional mitigation," but the Code
Enforcement Board shall make the final determination of any fines it may impose.
(c) "Sec. 23-17 (h). The city is exempt from obtaining a permit
to_remove, .trim, prune,_cut,_or disturb roots of anv tree within a public easement or right
of wav. The city's franchise agents shall also be exempt from obtaining_a permit to trim,
.. prune or cut any tree within a public easement or right of wav, provided they act in
accordance with the requirements of their franchise agreement; however, the ci~'s
franchise agents shall be required to obtain a permit to remove any such tree or prior to
disturbing the roots of anv such tree, especially when disturbing the roots of anv such tree
would endanger or create permanent damage to the tree."
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 ,
2005.
PASSED by the City Commission on second and fmal reading this day of
, 2005.
ATTEST:
Donna Bussey, City Clerk John Meserve, Mayor
Approved as to form and correctness:
Alan C. Jensen, City Attorney
AGENDA ITEM #8G
FEBRUARY 28, 2005
Comparison of Tree Removal! Trimming Requirements
Atlantic Beach Neptune Beach Jacksonville Beach
Permits Required for
Removal?
A. During Construction)
Development (size?) Yes; 6"+ in exterior
zone, 20"+ interior
zone
Yes; 6"+ in all areas Yes; 6"+ hardwoods
only; pines & palms
excluded
B. Other Times (w/o
Construction/
Development)?
1. Single Family homes
on lot
No
Yes: 6"+ Yes; 6"+ hardwoods
only
2. Vacant Lots Yes: 6"+ exterior
zone, 20"+ interior
zone
Yes: 6"+
Yes; 6"+ hardwoods
only
3. Multi-Family Lots Yes: 6"+ exterior
zone, 20"+ interior
zone
Yes: 6"+
Yes; 6"+ hardwoods
only
4. Commercial Lots Yes: 6"+ exterior
zone, 10"+ interior
zone
Yes: 6"+
Yes; 6"+ hardwoods
only
C. Trees on ROW Yes; approved by City
Manger `1 Yes; 6"t approved by
Planning & Zoning
D. Exclusion for Danger to
Public Health/ Safety/
Damage to Structures? Yes; Can be made by
Community Dvt.
Director'1 Yes; Can be made by
City Manager or
designee
Yes: Can be made by
Planning & Zoning
Permits Required for Major
Trimming? Only if it would kill
tree
Yes; all limbs 6"+ Only if it would kill
tree
Approval Authority
. Private Property
B. ROW
C. City Parks, Other
D. Heritage or Champion
Trees Tree Board (excludes
residential lots unless
other permits
required)
City Manager *1
Tree Board
NA
Planning Board if
development project/
City Manager of other
City Manager
City Manager
Planning Board and
City Council
lanning & Zoning
Planning & Zoning
Planning & Zoning
NA
Applications per Year 78-131
*1; Chan es are ro osed in revised Tree Ordinance to re uire rivate users to o to Tree Boar