715 Seminole Road APP19-0002 Tree CodeRegulated 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 prior to or two (2) years subsequent to construction valued at over ten thousand dollars
($10,000.00);
b. Trees defined as legacy trees by this chapter;
c. A DBH of ten (10) 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.
Sec. 23-31. - General prohibitions.
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(a)cExcessive 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.
Sec 23-46. - Violations.
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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 chapter 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.
Sec. 23-51. - Penalties.
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(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.
(b)
Building permits. No building permit shall be issued for a site unless and until a required tree or
vegetation removal permit 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 of five 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.