10-25-17 ESC AgendaEnvironmental Stewardship Committee Tree Subcommittee
Agenda
5:30p.m. Wednesday, October 25,2017
1. Call to order
2. Discussion about tree removal permit application reviews
3. Other business -C. Drysdale
4. Adjourmnent
7/3/2018 Atlantic Beach, FL Code of Ordinances
Chapter 23-PROTECTION OF TREES AND NATIVE VEGETATION£1l
ARTICLE I.-IN GENERAL
Sec. 23-1.-Purpose and intent.
(a) Purpose. The provisions of this chapter are established for the purpose of enhancing, conserving, restoring,
protecting and preserving the natural environment, specifically related to trees and native coastal dune
vegetation. Priority shall be given to the protection and preservation of existing resources.
(b) Intent. The provisions of this chapter are intended:
(1) To establish efficient and effective procedures, regulations and guidelines for the protection of existing
vegetation, installation of native landscaping and maintenance thereof regarding vegetation including,
but not limited to, trees, shrubs, salt marsh and beach dune grasses, and ground covers.
(2) To promote and sustain community values by providing for an aesthetically pleasing environment where
a healthy tree canopy is maintained and regenerated.
(3) To protect natural systems and avoid impairment of their natural functions including the provision of
shade and cooling on lots and development parcels, sidewalks, streets and other public places.
(4) To provide protection for environmentally sensitive areas.
(5) To encourage protection of healthy trees and provide for replacement and/or relocation of trees which
are necessarily removed during construction, development or redevelopment.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-2. -Applicability.
All lands within the City of Atlantic Beach shall be subject to the provisions of this chapter.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-3. -Relationship to land development regulations and the comprehensive plan.
This chapter contains specific and detailed provisions intended to implement the related policies as set forth in the
comprehensive plan, as may be amended. The provisions of this chapter shall be implemented in coordination with chaP-ter
24, Land Development Regulations, of this Municipal Code, and in the case of any conflict between the two (2) chapters, the
provisions establishing the higher standard shall prevail.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-4.-Amendments to this chapter.
The city commission shall have the authority to amend this chapter as needed to implement its intent, or to implement
objectives and policies of the comprehensive plan, or otherwise enact updates as may be appropriate. Amendment to this
chapter shall be made in accordance with the established procedures for amending any portion of this Code of Ordinances.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sees. 23-5-23-7.-Reserved.
1/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
ARTICLE II.-LANGUAGE AND DEFINITIONS
Sec. 23-8. -Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth within this section, and where
interpretation is required, shall be interpreted so as to give these terms the meaning they have in common usage. Where
applicable and appropriate to the context, definitions as set forth within chaP-ter 24, Land Development Regulations, of this
Municipal Code, Florida State Building Codes or within Florida Statutes, as these may be amended, shall be used in
conjunction with these terms and the requirements of this chapter.
Administrator shall mean the representative of the city as designated by the city manager to oversee administration of
this chapter.
Adverse site conditions shall mean existing site conditions that unfavorably affect the implementation of the provisions
of this chapter and that hinder plant viability and growth. Examples include, but are not limited to:
(1) Existing topographic elevation changes that would result in the likelihood that preserved or planted
materials would not survive.
(2) Existing areas of buried solid waste at a depth that would affect viability of preserved or planted
materials.
(3) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of
landscape materials.
(4) Barrier island or dune ecosystem planting conditions that cannot support certain hardwood species.
(5) Redevelopment sites where existing landscaping does not meet current standards and where existing
site conditions such as, but not limited to, impervious surfaces, access locations, or building locations,
prevent the site from meeting the current requirements.
(6) Sites where type or distribution of existing canopy or other protected trees are such that preservation
requirements would prohibit site development or conflict with required development standards, such as
stormwater or roadway designs.
(7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon preservation
areas and/or trees are not considered adverse site conditions.
After-the-fact permit shall mean a permit issued after a violation has occurred for the primary purpose of correcting the
violation (if the activity would have been permittable) or for the purpose of bringing the violator into compliance with existing
regulations.
Appeal shall mean a request for the rehearing or review of a decision made pursuant to any provision of this chapter.
Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit as required by the
provisions of this chapter.
Approval shall mean written permission in the form of a tree or vegetation removal permit from the administrator
pursuant to a duly executed application submitted on a form as provided by the city, authorizing the applicant to proceed
with an action as proposed within the application. Such approval may consist of limitations or conditions specific to the
project.
2/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the city in section 23-35(b). This list
shall be updated on an as needed basis.
Atlantic Beach Recommended Species List shall consist of species that are best adapted to the local ecosystem, which
may provide the most desirable characteristics to the community. Replacement credit may only be given for trees on the
recommended species list in section 23-33(f)(1 )f.
Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for the issuance of a
building permit by the city, such as building setback areas, shoreline protection buffers, coastal construction setback areas,
wetlands and other similar areas required pursuant to the applicable provisions of this chapter and the land development
regulations.
Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above the existing grade or proposed
grade for trees four (4) inches in trunk diameter and under, and twelve (12) inches above the existing grade or proposed
planted grade for trees larger than four (4) inches in trunk diameter. Caliper measurement is used in reference to nursery
stock for new plantings.
Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk.
Certified arboristshall mean any person holding a valid and current arborist certification as issued by the International
Society of Arboriculture (ISA).
City shall mean the City of Atlantic Beach.
Clear trunk shall mean the height of a palm tree measured from the ground to the point where the lowest green frond is
attached to the trunk.
Coastal dune vegetation shall mean the naturally-occurring, salt-tolerant native species of grasses, shrubs, vines and
trees that stabilize the dunes by holding existing sand and that serve to repair the dunes of damage inflicted by either natural
phenomena or human impact by trapping wind-blown sand.
Community forest shall mean the collection of trees in and around the City including park and street yard trees on public
property, and yard trees on private property.
Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the branches, leaves, flowers, and fruit
that grow above ground.
Developed area shall mean that portion of a site upon which any building, structure, pavement, or stormwater facility is
placed.
Development or development activity shall mean any alteration of the natural environment which requires the approval
of a development or site plan and issuance of a development permit; shall also include the "thinning" or removal of trees
from an undeveloped land, including that carried on in conjunction with a forest management program, and the removal of
trees incidental to the development of land or to the marketing of land for development and shall also include activities
defined as development with section 24-17 of this Code of Ordinances.
Diameter at breast height (DBH) shall mean the outside bark diameter of a tree measured at a height of fifty-four (54)
inches above the naturally occurring ground level. Trees with gross abnormalities or buttressing at the breast height should
be measured above or immediately adjacent to the irregularity. Trees that fork at or above breast height should be measured
3/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
below breast height and recorded as a single trunk. Trees that fork below breast height should be recorded as separate DBH
for each.
Diseased tree shall mean a tree with a sustained or progressive impairment caused by a parasite, pest or infestation
which seriously compromises the viability of the tree, in that it is unlikely the tree will remain living and viable for a period of
more than three (3) years, or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity
of the diseased tree.
Dripline shall mean the imaginary vertical plumb line that extends downward from the tips of the outermost tree
branches and intersects with the ground.
Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced.
Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing grade of the land.
See "Grading" also.
Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible removal and/or damage of
more than twenty-five (25) percent of the natural shape or form of a tree.
Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally, from a natural
geographic range outside of Florida.
Grading shall mean the placement, removal or movement of earth by use of mechanical equipment on a property. See
"Excavation" also.
Ground cover small means a plant material which reaches an average maximum height of not more than eighteen (18)
inches at maturity.
Grubbing means the effective removal of understory vegetation from a site which does not include the removal of any
trees with DBH greater than three (3) inches.
Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distinguished from a gymnosperm or
cone-bearing tree.
Hazard or hazardous shall mean a danger or risk of bodily injury or property damage.
Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical region prior to
significant human impacts. See "Native" also.
Invasive exotic plant shall mean an exotic plant species that has escaped cultivation, naturalized, and established in a
natural area allowing it to aggressively expand and reproduce on its own, and subsequently, alter native plant communities
by out-competing for resources such as light, nutrients, water and space, killing native species, or otherwise adversely
affecting natural ecosystems. Invasive exotic plants are those plants recognized on the Florida Noxious Weed and Invasive
Plants List (F.A.C. 58-57.007) or listed on the Atlantic Beach Prohibited Species List.
Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass, and ground cover; landscape
water features; and nonliving durable material commonly used in landscaping, including rocks, pebbles, sand, and brick
pavers, but excluding impervious surfaces (pavement).
4/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Legacy tree shall mean a tree that is of the most desirable species in Atlantic Beach, and is of a size substantial enough to
warrant an additional layer of protection. A permit is required any time a legacy tree is removed in Atlantic Beach. Mitigation
shall be the same rate for legacy trees as it is for other protected trees.
Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees (newly planted or
relocated), or alternatively, deposit of a cash equivalent value in the tree conservation trust fund.
Native shall mean a plant species occurring within the city boundaries prior to European contact according to the best
available scientific and historical documentation. More specifically, it includes those species understood as indigenous,
occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape.
Naturalized exotic shall mean an exotic species that sustains itself outside cultivation.
Nondevelopment activity shall mean any alteration of the natural environment which does not require development plan
approval or issuance of a building permit, but which would include the proposed removal or destruction of any trees or
vegetation regulated by this chapter.
Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody vegetation, on public or private
property which is endangering or which in any way may endanger the public health, safety, security or usefulness of any
public street, public utility line or sidewalk; also, any tree, shrub, bush, grass or ground cover, or other woody vegetation with
an infectious disease or insect problem.
Offsite shall mean any location outside the boundaries of the project site.
Onsite shall mean any location within the boundaries of the project site.
Person shall mean any landowner, lessee, building contractor, developer or other entity involved in the use of real
property, including agents, employees, independent contractors, whether persons, firms, associations, corporations,
partnerships, joint ventures, estates, trusts, business trusts, syndicates, fiduciaries, governmental bodies, agencies or
officials.
Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage, abnormal
growth or mortality of any tree, shrub, bush, grass or ground cover, or woody vegetation.
Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to increase usefulness,
beauty and vigor.
Pruning standard shall mean the following: American National Standard Institute, Standard for Tree Care Operations
Tree, Shrub and Other Woody Plant Maintenance-Standard Practices (ANSI A300, current edition); American National
Standard Institute, Safety Standards for Tree Care Operators (ANSI Z133.1, current edition); National Arborist Association
Pruning Standards for Shade Trees (current edition).
Qualified professional shall mean a person who possesses, in addition to skill, a special registration, certification, or
knowledge which is obtained by formal education and training, and which is inherently or legally necessary to render him or
her capable, competent, and eligible to perform the particular responsibilities called for.
Regulated tree shall mean any tree as follows:
(1) Private regulated tree shall mean any tree on private property, except those species listed on the Atlantic
Beach Prohibited Species List, meeting the following conditions:
a. A DBH of six (6) inches or more on residentially zoned property that will be removed two (2) years
5/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
prior to or two (2) years subsequent to construction valued at over ten thousand dollars
($1 0,000.00);
b. Trees defined as legacy trees by this chapter;
c. A DBH of ten (1 0) inches or more, if zoned nonresidential.
(2) Public regulated tree shall mean any tree on public property, except those species listed on the Atlantic
Beach Prohibited Species List, meeting the following conditions:
a. A DBH of six (6) inches or more.
(3) Heritage tree shall mean any tree determined by the city commission to be of unique or intrinsic value
due to its age, size, species and/or cultural, ecological or historical significance or some other
contribution to the city's character, specifically including all Cypress, Live Oak and Magnolia trees with a
DBH of thirty (30) inches or greater and in good condition, as determined by a recognized knowledgeable
person or qualified professional; also, any tree designated as a Florida State Champion, United States
Champion, or World Champion by the American Forestry Association. Heritage trees may be located
within parks, on street yards, or other public property. On private property, heritage trees are voluntarily
nominated by the property owner. The city administrator shall keep a record of all heritage trees so
designated and their location.
Regulated vegetation shall mean vegetation located within any area designated as an "environmentally sensitive area," as
defined by the city of Atlantic Beach Comprehensive Plan including, but not limited to, all wetlands, all beach and dune areas
seaward of the coastal construction control line, and all areas designated as conservation on the future land use map.
Shade tree shall mean any self-supporting woody plant of a species that is generally well-shaped, well-branched, and
well-foliated which normally grows to a minimum average height of at least thirty-five (3S) feet with a minimum average
mature crown spread of at least thirty (30) feet, and which is commonly accepted by local horticultural and arboricultural
professionals as a species which can be expected to survive for at least fifteen (1 S) years in a healthy and vigorous growing
condition over a wide range of environmental conditions.
Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb by its persistent and woody
stems and from a tree by its low stature and habit of branching from the base.
Site shall mean the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels
intended for development under a common scheme or plan.
Stop work order, as used in this chapter, shall mean an order from the designated administrative official to immediately
halt all vegetation and tree removal, any form of site or soil disturbance, or other activity with potential to impact trees or
vegetation regulated by this chapter.
Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property,
including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way, or other means of ingress or egress,
regardless of the term used to describe it.
Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk DBH of at least three (3)
inches or more and which normally attains an overall height of at least fifteen (1 S) feet, usually with one (1) main stem or
trunk and many branches. Trees shall be classified as follows:
(1) Large: Having an average mature height offifty (SO) feet or more.
(2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (SO) feet.
6/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty (30) feet.
Tree conservation trust fund (tree fund) shall mean an account established by the city to provide an opportunity to make
equivalent value cash payment to the city in lieu of providing the required landscape or tree stock on a site.
Tree protection plan shall mean the plan required pursuant to this chapter, identifying and showing the location, type,
size and health of existing trees, stating the ultimate disposition of the trees, showing the type, size and location of any trees
to be planted and setting forth measures to protect trees before, during and after construction.
Tree protection zone shall mean the area located around the perimeter of the dripline of a tree in which no activity such
as clearing, filling, excavating, storage of materials, parking of vehicles, or any other activity that in the opinion of the
administrator may damage the tree. At the discretion of the administrator, the tree protection zone may be reduced for trees
located on smaller lots in order to reasonably protect the tree and facilitate construction on the development parcel.
Tree removal shall mean any act that physically removes the tree or its roots from the earth or causes a tree to die
including, but not limited to, changing the natural grade above or below the root system or around the trunk or improper
pruning where the natural form ofthe tree is permanently changed and results in tree death or decline.
Tree or vegetation removal permit shall mean the written authorization issued by the city to proceed with vegetation or
tree removal in accordance with the provisions of this chapter, which may include mitigation requirements and other terms
and conditions as needed to create consistency with this chapter. The terms permit, tree permit, vegetation removal permit
or tree removal permit may be used interchangeably as appropriate to the context.
Tree technical manual (TTM) shall mean a manual, developed and maintained by the city, pursuant to this chapter, which
contains the standards and specifications for sound arboricultural practices, techniques and procedures to be practiced
within the city.
Underbrushingshall mean the removal of understory vegetation, either by hand or with the use of equipment, which
neither disturbs the soil nor causes the destruction of any tree.
Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and ground cover species not
normally considered to be trees which exist in the area below the canopy of the trees, including any tree that is less than
three (3) inches DBH.
Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines, herbs and grasses, including
marsh grasses and any coastal dune vegetation.
Vegetation inventory shall mean a scaled drawing which delineates the location and common and/or scientific name of
vegetation upon a parcel of land, including trees greater than three (3) inches DBH and palms with an overall height of more
than eight (8) feet. If necessary, a survey or other professionally prepared document, certified as appropriate, may be
required as part of the vegetation inventory.
Viable shall mean having the capacity to live and develop.
Waiver shall mean a limited deviation from a specific provision(s) of this chapter or other land development regulations
contained within City Code, when it is demonstrated that compliance with such provision(s) would be unreasonable, in
conflict with the public interest, or a practical impossibility. A waiver from the land development regulations may be
approved by the city commission upon showing of good cause, and upon evidence that an alternative to a specific
provision(s) of this chapter shall be provided, which conforms to the general intent and spirit of the chapter.
7/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a desired plant.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09; Ord. No. 95-15-109, § 1, 5-11-15)
Sees. 23-9-23-10. -Reserved.
ARTICLE Ill.-TREE AND VEGETATION REGULATIONS[2l
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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
DIVISION 2.-ADMINISTRATION
Sec. 23-12. -City commission.
The city commission shall have the following authorities and responsibilities:
(1) To establish fees and fines related to the administrative costs of carrying out the requirements of this
chapter.
(2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of growing and
maintaining the city's community forest.
(3) To amend this chapter as may be needed to accomplish the stated purpose and intent ofthis chapter.
(4) 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
Sec. 23-13. -Administrator.
The administrator shall have the following authorities and responsibilities:
(1) 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.
(2) To maintain all records relating to this chapter and its administration.
(3) To provide written instructions to applicants related to the required process for applications as required
by this chapter.
(4) To receive, process and make administrative determinations on all applications for tree and vegetation
removal permits as set forth in section 23-23.
8/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(5) To refer applications for tree and vegetation removal to other departments and agencies for comment, ass
section 23-23, as may be needed.
(6) To conduct field inspections as needed to make determinations related to tree and vegetation protection
or removal.
(7) 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.
(8) 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.
(9) 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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 rights-of-way 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
9/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Sees. 23-15-23-20.-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 within
the City of Atlantic Beach, which shall include the following:
(1) New development on any previously undeveloped lands, or redevelopment on any vacant land where
structures may have been fully or partially cleared.
(2) 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 two-year period of
time when any such activity is valued at ten thousand dollars ($1 0,000.00) or more. Where value is in
question, determination shall be made by the building official.
(3) 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.
(4) Removal of any tree on the Atlantic Beach Legacy Tree List.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
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 ofthese 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.
(1) 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 ($1 0,000.00.) For the purpose of determining whether this
exemption does or does not apply, the administrator shall consider the cumulative valuation of all
permits issued two (2) years prior and two (2) years subsequent to the tree removal. If such permits
collectively exceed the stated threshold, an after-the-fact permit and mitigation shall be required.
(2) 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.
10/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(3) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and general weli
granted an exemption upon inspection and determination by the administrator that immediate removal wit
required.
(4) 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.
(5) 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), the Atlantic Beach Prohibited Species List,
or some other recognized authority, shall be granted an exemption upon inspection and verification by
the administrator.
(6) 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 electrical clearances. Notwithstanding this exemption, any
such entity shall provide adequate prior notice to the city before commencing such work.
(7) 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 (1 0) feet
or less in width. However, land clearing for surveys shall not authorize the removal of regulated trees or
regulated vegetation.
(8) City crews. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs
within public rights-of-way, 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0; Ord. No. 95-15-109, § 1, 5-11-15)
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
11/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
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 ofapplications. 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 request and justification by the applicant, grant not
more than one (1) 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.
a. 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 rights-of-way.
b. 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
12/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
that are typically caused by settling and small roots shall not be considered a safety hazard.
c. 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.
d. Necessity to remove trees in order to construct approved and permitted improvements to allow
reasonable economic enjoyment of the property.
e. Existence of any adverse site conditions which may affect the implementation of the provisions of
this chapter.
(e) Expiration ofpermits. Upon approval of the application by the administrator, the permit shall be issued. Work
pursuant to the permit shall commence within twelve (12) months of the date of issuance, or the permit shall
expire.
(f) Content ofpermits. 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 (1) 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 (1) lot, parcel or area of land unless such lots, parcels or
areas of land shall be contiguous to one another and considered as one (1) parcel for the purpose of
development.
(g) Posting ofpermits. 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 ofpermits. 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 ofpermits.
(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:
a. 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
13/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
b. If the administrator finds that the approval of the permit was based on incorrect information furnishe<
the permit. Based upon such finding, however, the administrator may make reasonably necessary ace<
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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
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 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
Sec. 23-25. -Appeals.
14/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(a) Procedure to file an appeal. Appeals affinal 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 final 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 finds 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 official shall certify to
the city commission that a stay would cause imminent peril to life or property.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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 ofthe 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 reinspection fee as provided below:
a. Single-or two-family residential uses (per lot) ..... $ 125.00
b. Single removal of legacy tree ..... 25.00
c. Multifamily residential uses ..... 250.00
d. Commercial or industrial uses ..... 250.00
e. Institutional and any other uses ..... 250.00
(2) Minor amendments ..... 50.00
(3) Extensions ..... 50.00
(4) Appeals ..... 125.00
(b) Reinspection fees ...... 50.00
(c) Research or extensive time fees (per hour) ...... 50.00
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0; Ord. No. 95-15-109, § 1, 5-11-15)
Sees. 23-27-23-29.-Reserved.
15/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
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 nonresidential uses.
(1) Residential uses. For each parcel upon which a single-family, two-family or multifamily 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 therefrom preserve
areas and water bodies. Of the minimum required trees, one (1) tree shall be provided or preserved
within the required front yard.
(2) 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.
(3) 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 (1 0,000)
square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies.
(4) 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 (1 0,000)
square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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 rights-of-way 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.
16/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(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.
(f) Unauthorized clearing ofdeveloped 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
Sec. 23-32.-Tree protection during development and construction.
(a) Restrictions during construction.
(1) Placement ofmaterials, 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 oftree 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 (SO) 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 (1 5) feet along the length of the barricade. The signs shall contain the following words, and will be
made available by the city at the time of permit issuance:
FIGURE 1. TREE PROTECTION ZONE SIGNAGE
17/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
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.
(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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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
Protected Heritage
Private parcels 1:2 1:1
Public parcels 1:1 2:1
Public rights-of-way, easements, etc. 1:1 3:1
Environmentally sensitive areas 2:1 3:1
Historic corridor 2:1 3:1
18/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(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 onsite 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 onsite.
(e) Tree relocation. Existing trees onsite 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 onsite.
(f) Tree replacement.
(1) Replacement size. New replacement trees shall be the same quality 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.
a. Oaks shall have a minimum four-inch caliper and twelve-foot height at time of installation.
b. All other new replacement trees shall have a minimum two-inch caliper and ten-foot height at time
of installation.
c. Palms shall have a minimum clear trunk height of eight (8) feet at time of installation.
d. 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.
e. In the event that a property cannot reasonably accommodate required mitigation on site, the
property owner can get replacement credit for planting trees on an immediately adjacent
neighbor's property. This shall only be done as an alternative to payment into the tree fund when it
can be proven that a site cannot fit required replacement plantings. A signed letter from the
neighbor shall be attached with the tree permit application.
f. Atlantic Beach Recommended Species List. Replacement trees shall [be] selected from the following
list. This list was created based on hardiness, disease and pest resistance, availability, and size
variance. No mitigation credit will be approved for trees that are not on this list, unless approved by
the administrator.
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
SHADE TREES
Botanical Name Common Name
Fraxinus pennsylvanica Ash, Green
19/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Ash, Water Fraxinus caroliniana
Bay, Loblolly Gordonia lasianthus
Cedar, Southern Red juniperus silicicola
Cypress, Bald Taxodium distichum
Cypress, Pond Taxodium ascendens
Elm, American Ulmus americana
Elm, Florida Ulmus american floridana
Elm, Lacebark Ulmus parvifolia
Hickory, Mockernut Carya Tomentosa
Hickory, Pecan Carya illinoensis
Hickory, Pignut Carya glabra
Hickory, Water Carya aquatica
Loquat, japanese Plum Eriobotrya japonica
Magnolia, Southern Magnolia grandiflora
Magnolia, Sweetbay Magnolia virginiana
Maple, Florida Acer barbatum
Maple, Red Acer rubrum
Oak, Live Quercus virginiana
Oak, Shumard Red Quercus shumardii
Oak, Swamp Chesnut Quercus michauxii
Pine, Loblolly Pinus taeda
Pine, Long-leaf Pinus palustris
20/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Pine, Slash Pinus elliottii
Sugarberry Celtis laevigata
Sweetgum Liquidambar styraciflua
Sycamore Platanus occidentalis
Tupelo Nyssa sylvatica
PALM TREES
Common Name Botanical Name
Palm, Cabbage Sabal palmetto
Palm, Canary Island Date Phoenix canariensis
Palm, Pindo Butia capitata
Palm, Sylvester Date Palm Phoenix sylvestris
Palm, Washington Washingtonia robusta
UNDERSTORY OR ORNAMENTAL TREES
Common Name
\
Botanical Name
Cedar, Red juniperus virginiana
Crape Myrtle Lagerstroemia indica
Elm, Winged Ulmus alata
Holly, American llex opaca
Holly, Dahoon llex cassine
Holly, East Palatka llex attenuata
21/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Holly, Yaupon llex vomitoria
Oak, Myrtle Quercus myrtifolia
Oak, Sand Live Quercus geminata
Oleander Nerium oleander
Podocarpus, Yew Podocarpus macrophyllus
Privet, Glossy Ligustrum lucidum
Privet, japanese Ligustrum japonicum
Redbud Cercis canadensis
Wax Myrtle Myrica cerifera
(2) Selection criteria.
a. New oaks shall be used to replace removed oaks. Replacement credit for oaks shall be limited to the
species listed on the Atlantic Beach Recommended Species List. Upon approval of the
administrator, hardwood species yielding similar canopy may be used to mitigate removed oaks.
b. New palms may be used as replacement trees when replacing species other than palms.
Replacement credit for palms shall be limited to forty (40) inches or fifty (50) percent of required
mitigation, whichever is lesser. Replacement credit for palms shall be limited to the species listed on
the Atlantic Beach Recommended Species List. 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.
c. When a legacy tree is removed, replacement credit s[lall only be given for the planting of a species
that is on the legacy tree list. This shall not be limited to the exact same species, nor shall the new
tree have to meet the size requirements of an established legacy tree. When a legacy tree is
removed, at least twenty-five (25) percent of mitigation shall be provided on site in the form of
replacement. Incentive credit shall be granted for the use of legacy trees when replacing protected
trees that are not on the legacy tree lost. The incentive credit is equal to two (2) times the normal
replacement credit. The following species are legacy trees:
1. Bald Cypress (Taxodium distichum) twenty (20) inches in diameter or greater.
2. Cedar Uuniperus siliciola) (Southern Red Cedar), j. virginiaba (Eastern Red Cedar) twenty (20)
inches in diameter or greater.
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm), twenty (20) inches in
diameter or greater.
4. Oak (Quercus virginiana) (Live Oak) twenty (20) inches in diameter or greater and (Quercus
22/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
geminata) (Sand Live Oak) eight (8) inches in diameter or greater.
5. Hickory (Carya lllinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory) twenty
(20) inches in dimater or greater.
6. Loblolly bay (Gordania lasianthus) twenty (20) inches in diameter or greater.
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay Magnolia)
twenty (20) inches in dimater or greater.
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) twenty (20) inches in
diameter or greater.
9. Tupelo (Nyssa sylvatica) twenty (20) inches in diameter or greater.
(3) Placement criteria.
a. 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.
b. Avoidance ofaboveground 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:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall have a
minimum setback of three (3) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall have a
minimum setback of six (6) feet.
3. Large trees with normal mature height of fifty (50) feet or more shall have a minimum setback
of ten (1 0) feet.
c. 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:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be
spaced at least ten (1 0) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be
spaced at least twenty (20) feet.
3. Large trees with normal mature height of fifty (50) feet or more shall be spaced at least thirty
(30) feet.
4. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing
requirements of the largest tree.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0; Ord. No. 95-15-109, § 1, 5-11-15)
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.
(1) Determination ofsuccess. 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.
23/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
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.
(2) Large-scale projects. If a permit includes the relocation of ten (1 0) or more trees, or the planting of one
hundred (1 00) 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 (1) 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-35.-Elimination of undesirable species.
(a) 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:
(1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for mitigation
credit.
(2) Removal of nonnative 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.
(3) 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.
(4) 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.
(b) Atlantic Beach Prohibited Species List. The following species or sub-species of trees are not protected trees
under this chapter, and are exempt from mitigation. The trees on this list shall not be accepted for
replacement or relocation credit.
Australian pine casuarina cunninghamiana
Australian pine thicket casuarina glauca
Bischofia bischofia javanica
Brazilian pepper schinus terebinthifolius
Camphor tree cinnamomum camphora
Carolina laurelcherry prunus caroliniana
24/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
Carrotwood cupaniopsis anacardioides
Castor bean ricinus communis
Catclaw mimosa mimosa pigra
China berry tree melia azedarach
Chinese tallow sapium sebiferum
Chinese wisteria wisteria sinensis
Climbing cassia senna pendu/a
Earleaf acacia acacia auriculiformis
Golden Raintree koelreuteria panicu/ata
Guava psidium guayava
jambolan syzygium cimini
Laurel fig ficus microcarpa
Lead tree /eucanea leucocephala
Melaleuca tree melaleuca quinquenervia
Mimosa tree a/bizia julibrissin
Orchid tree bauhinia variegata
Schefflera schefflera actinophylla
Seaside mahoe thespesia populnea
Shoebutton ardesia ardisia elliptica
Strawberry guava psidium cattleianum
Woman's tongue a/bizia lebbeck
25/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0; Ord. No. 95-15-109, § 1, 5-11-15)
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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
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 onsite. 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 onsite is restricted by circumstances related to federal, state
or local regulations and requirements including but not limited to conflicts with rights-of-way, 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:
(1) 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 onsite, 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.
(2) 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 onsite, except in cases where the administrator finds, based upon the above stated
conditions, that onsite 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.
(3) Where payment in lieu of replacement or relocation is approved, as set forth in preceding subsections (1)
or (2), 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
Sees. 23-38-23-39.-Reserved.
DIVISION 5. -AREAS OF SPECIAL CONCERN
26/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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 nondesignated tree(s), as specified in section 23-33,
as an extra measure to encourage protection of such trees.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
Sees. 23-42-23-45. -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 chaP-ter 2, article V, division
2 of this Municipal Code of Ordinances and any other remedies available under applicable law.
(1) 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 destruction or removal
of any tree or vegetation as regulated herein, without complying with all applicable provisions of this
chapter.
(2) 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.
(3) Compliance with general conditions ofpermit. 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)
27/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
shall be a violation of this chapter:
a. Permit and plans onsite. Approved permits and plans shall be available onsite at all times during
development activity.
b. Responsible individual onsite. 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.
(4) 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-47.-Notice ofviolation.
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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
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 noncompliant 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;
(5) Whenever remedial work required by notice of violation pursuantto subsection (a) of this section is not
completed in the time period specified; or
(6) Upon failure to post or have the approved permit and plans available onsite.
(b) Content and scope ofstop 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
28/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
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 ofthe 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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_ill_apter 2, article V, division 2 of the Municipal Code of Ordinances as well as other remedies
available under applicable law.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
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:
a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building or
premises where such violation exists.
b. Any person(s) who maintains any land, building or premises upon which a violation exists.
c. Any person(s) who knowingly commits, takes part, or assists in such violation.
29/30
7/3/2018 Atlantic Beach, FL Code of Ordinances
(b) Building permits. No building permit shall be issued for a site unless and until a required tree or vegetation remo
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 offive 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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-1 0)
Sees. 23-52-23-60. -Reserved.
30/30