Exh 7BAGENDA ITEM #7B
OCTOBER 14, 2002
ORDINANCE NO. 95-02-79
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 23, VEGETATION; CREATING
AN HISTORIC TREE PRESERVATION PROGRAM;
PROVIDING GEOGRAPHIC LIMITS.OF THE PROGRAM;
PROVIDING PRESERVATION INCENTNES AND
REQUIREMENTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTNE DATE:
WHEREAS, the City of Atlantic Beach has a number of tree lined streets which
exhibit special historic, architectural or cultural value to the citizens of the City, and
WHEREAS, the City recognizes a duty to protect and enhance those roadways
which serve as scenic corridors in the City, and '
WHEREAS, to protect and enhance these roadways, the City Commission has
determined that certain roadways or portions thereof, shall be designated as Historic
Preserve Corridors
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Intent. It is the intent of the City Commission in designating
historic preserve corridors to protect historically significant tree coverage and
landscaping from destruction and to enhance the aesthetic appearance of certain streets
within the city. , ~ .
SECTION 2. Designation of Historic Preserve Corridors. The City Commission
may from time to time designate, by ordinance, Historic Preserve Corridors. In so doing,
the City Commission will~specifically identify those streets, or portions thereof, which
shall be so designated. Iri'considering whether roadways or portions thereof shall be
designated as'Historic Preserve Corridors, the City Commission may consider the
following criteria: ~ ~ .
(a) The presence of historically significant tree coverage or landscaping, as
individual plants or in groupings.
(b) The presence of significant historic or architectural structures with associated
tree coverage or~landscaping.
AGENDA ITEM #7B
OCTOBER 14, 2002
(c) The presence of culturally significant tree coverage or landscaping. .
(d) Requests from private property owners that colonnades on their property shall
be so designated. In the event that colonnades on private property are so designated, it
shall be the responsibility of the private property owners to record a restrictive covenant
or such other document as is necessary to preserve such designation on any subsequent
owners of their property.
SECTION 3. Effect of historic preserve corridor designation.
(a) Trees or landscape groupings on streets, or portions thereof, which have been
designated as Historic Preserve Comdors shall not be damaged, mutilated or removed
from public or private property by any person or entity, public or private, without prior
approval of the Tree Conservation Board or the City Commission, except in the event of
an emergency. Removal shall be permitted by the Tree Conservation Board or the City
Commission in the following conditions:
(1) When safety of the general public or adjacent residents or property is
threatened by such historic trees, or
(2) Removal is necessary for ingress to and/or egress from the property, or
(3) Special circumstances exist, such as the necessity of handicap
accessability, which requirexemoval, or
(4) There is another valid, legitimate reason for removal. .
(b) Trees, tree groups, or landscape groups designated by.the City Commission as
apart of an Historic Preserve Corridor shall be so designated by signs or markers of a
type to be determined by'the City Commission. Said signs or markers shall contain the
words "Historic Preserve Corridor" and shall denote the date of designation and the
historic significance of the tree, tree group or landscape group.
SECTION 4. Desiggated Corridors. Upon designation of corridors, professional
tree surveys shall be obtained and"placed in the public record. The City Commission
hereby designates the following as Historic Preserve Corridors:
The public colonnade of palms in the rights-of--way on the east and west sides of
Ocean Boulevard and East Coast Drive from Atlantic Boulevard to Tenth Street as
indicated on the survey prepared by Donn W. Boatwright dated December 27, 2000, File
No. 2001-144.
SECTION 5. Penalties for violation. Unauthorized damage, mutilation or ~ .
removal of any tree, which is a part of any designated Historic Preserve Corridor, shall
constitute a violation of this ordinance. Examples of unauthorized damage or mutilation
shall include, but are not limited to, girdling of trunks with string trimmers or other lawn
equipment, punctures, including those caused by tree climbing spikes, removal of live
green leaves or fronds, and destruction of the root system.
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Ordinance No. 95-02-79
AGENDA ITEM #7B
OCTOBER 14, 2002
Each violation shall be reviewed by the Tree Conservation Board which may require
mitigation as provided in Article II of this Chapter, Tree Protection, Sec. 23-15 and
following.
SECTION 6. Severability. If any section, sentence, clause, word or phrase of this
Ordinance shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining portions
of this Ordinance.
SECTION 7. This Ordinance shall become effective immediately upon adoption.
PASSED BY THE CITY COMMISSION ON FIlZST READING:
PASSED BY THE CITY COMMISSION ON SECOND READING:
John Meserve, Mayor
ATTEST:
Maureen King, City Clerk
Approved as to Form and Correctness:
Alan C. Jensen, Esquire
City Attorney
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Ordinance No. 95-02-79