02-01-21 Joint Workshop of the City Commission and Environmental Stewardship Committee Agenda
City of Atlantic Beach
Agenda
Joint Workshop of the City Commission and the
Environmental Stewardship Committee
Monday, February 1, 2021 - 6:00 p.m.
Commission Chamber & Zoom
City Hall, 800 Seminole Road
Page(s)
CALL TO ORDER
1. TOPICS - CHAPTER 23 - PROTECTION OF TREES AND NATIVE VEGETATION
1.A.
Overview by the Environmental Stewardship Committee (ESC)
1.B.
Staff Presentation of proposed Chapter 23 updates
Redline 12.30.2020
3 - 42
1.C.
Commission and ESC Discussion - Q & A
2. PUBLIC COMMENT
2.A.
Notice and Instructions
Notice and Instructions for Public Commenting for Feb 1 Joint Workshop
43
ADJOURNMENT
This meeting will be live-streamed and videotaped. To access live or recorded videos, click on the Meeting
Videos tab on the city's home page at www.coab.us.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk. See the above Notice and Instructions for Public commenting for directions.
Every effort is made to indicate what action the City commission is expected to take on each agenda item.
However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the
agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by
5:00 PM, the Friday prior to the meeting.
Page 1 of 43
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All red underlinedor strickthrough text approved by ESC on April 8, 2020. All additional changes from
comments at the April 8th mtg. and comments emailed are highlighted in yellow.
Chapter 23 - PROTECTION OF TREES AND THE NATURAL ENVIRONMENT NATIVE VEGETATION[1]
Footnotes:
--- (1) ---
Editor's note— Section 2(Exh. A) of Ord. No. 95-09-98, adopted Jan. 12, 2009, repealed the former ch.
23, "Vegetation," arts. I—V, §§ 23-15—23—17, 23-19, 23-20, 23-22, 23-25, 23-36—23-40, and 23-46—
23-50, and enacted a new ch. 23 as set out herein. The former ch. 23 pertained to tree protection,
accumulation of weeds, and historic tree preservation and derived from Ord. No. 55-82-19, adopted
March 22, 1982; Ord. No. 95-89-44, adopted Jan. 8, 1990; Ord. No. 95-95-64, adopted Feb. 12, 1996;
Ord. No. 95-00-73, adopted March 27, 2000; Ord. No. 95-02-79, adopted Oct. 14, 2002; Ord. No. 5-03-
42, adopted July 14, 2003; and Ord. No. 95-07-92, adopted Feb. 12, 2007.
Cross reference— Streets, sidewalks and other public places, Ch. 19.
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 canopy,
stratified understory and native coastal dune vegetation that provide ecosystem goods and services
and co-benefits for shade of critical areas, stabilize soils, sequester carbon, improve air quality,
reduce runoff and enhance property values. Priority shall be given to the protection and preservation
of existing resources.
The maritime forest is an integral and uniquely valuable part of the City. The maritime forest creates
beauty, provides a home for wildlife, functions as a critical element of the water management
system, and is confirmed to enhance overall property values.
(b) Intent. The provisions of this chapter are intended:
(1) To establish efficient and effective procedures, regulations and guidelines for the protection of
the natural environment including, but not limited to, trees, shrubs, salt marsh and beach dune
grasses, ground covers, and 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 maritime forest 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 ensure protection of healthy trees, recognizing that regulated trees that are lost
reduce the climate related resilience and overall economic value of the community, and provide
for replacement and/or relocation of trees which are necessarily permitted to be removed during
construction, development or redevelopment, as set forth herein.
(6) Priority shall be given to the protection and preservation of the existing trees and natural
environment.
(Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Agenda Item #1.B.
01 Feb 2021
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comments at the April 8th mtg. and comments emailed are highlighted in yellow.
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 chapter 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)
Secs. 23-5—23-7. - Reserved.
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 chapter 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.
Agenda Item #1.B.
01 Feb 2021
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comments at the April 8th mtg. and comments emailed are highlighted in yellow.
(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.
Adversely affected person shall mean a person who is suffering or will suffer an adverse effect to an
interest protected or furthered by this Chapter. The alleged adverse effect may be shared in common with
other members of the community but must exceed in degree the general interest in community good
shared by all person in the community.
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.
Arborist shall mean any person who is a Florida Registered Forester, or at a minimum, certified by
the International Society of Arboriculture (ISA) as an arborist and a member in good standing of the ISA.
Arborist report shall mean a report that is signed by an arborist, as defined above, and that at a
minimum clearly states the arborist’s name, contact information, and qualifications, and identifies the site
address and each individual tree.
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 or smaller 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. For trees with
multiple trunks, the sum of the caliper measurements of up to the four (4) largest trunks shall be used.
Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk.
Certified arborist shall mean any person holding a valid and current arborist certification as issued by
the International Society of Arboriculture (ISA).
Agenda Item #1.B.
01 Feb 2021
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All red underlinedor strickthrough text approved by ESC on April 8, 2020. All additional changes from
comments at the April 8th mtg. and comments emailed are highlighted in yellow.
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.
Designated maritime species shall mean those species that are among the most valuable and
desirable species in the city and shall include the following species:
1. Bald Cypress (Taxodium distichum).
2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar).
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm),
4. Live Oak (Quercus virginiana).
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory) .
6. Loblolly bay (Gordania lasianthus).
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay
Magnolia)
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple)
9. Tupelo (Nyssa sylvatica)
10. Pine (Loblolly) (pinus taeda), (Long-leaf) (Pinus palustris), (Pond) (Pinus Serotina)
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 existing 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 below breast height and recorded as a
single trunk. For Ttrees that fork below breast height or for trees with multiple trunks, the sum of up to the
four (4) largest trunks shall be used should be recorded as separate DBH for each.
Diseased tree shall mean a tree with any fungal, bacterial, or viral infection that will result in the
death of the tree or has progressed to the point that treatment will not prevent the death of the tree, as
determined by the administrator, forester, or arborist. 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.
Agenda Item #1.B.
01 Feb 2021
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All red underlinedor strickthrough text approved by ESC on April 8, 2020. All additional changes from
comments at the April 8th mtg. and comments emailed are highlighted in yellow.
Ecosystem goods and services shall mean those goods and services that provide for health, social,
cultural, and economic needs and benefit all living organisms including plants, animals and humans.
Examples of ecosystem goods include clean air and abundant fresh water. Examples of ecosystem
services include purification of air and water, maintenance of biodiversity, decomposition of wastes, soil
and vegetation generation and renewal, pollination of crops and natural vegetation, groundwater recharge
through wetlands, seed dispersal, greenhouse gas mitigation, and aesthetically pleasing landscapes. The
products and processes of ecological goods and services are complex and occur over long periods of
time and the concern is that we are losing them at an unsustainable rate.
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.
Florida licensed landscape architect shall mean a person who holds a license to practice landscape
architecture in the state 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.
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 or a neighborhood’s character and which is in good condition, as determined by
an arborist; 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.
Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special historic,
architectural, or cultural value to the citizens of the city as determined by the city commission.
Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical
region prior to significant human impacts. See "Native" also.
International Society of Arboriculture (ISA) serves the tree care industry as a membership
association and a credentialing organization that promotes the professional practice of arboriculture. ISA
focuses on research, technology, and education to advance best tree care practices and deliver
educational publications, services, events, and credentials that provide opportunities for tree care
professionals to develop their knowledge, skills, and arboriculture expertise.
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
Agenda Item #1.B.
01 Feb 2021
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All red underlinedor strickthrough text approved by ESC on April 8, 2020. All additional changes from
comments at the April 8th mtg. and comments emailed are highlighted in yellow.
exotic plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List (F.A.C.
5B-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).
Legacy tree shall mean a tree that is a designated maritime species, as defined in this Chapter, and
twenty (20) inches DBH or greater.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.
Maritime forest shall mean the collection of trees, to include its canopy, the understory, and ground
cover in and around the City, including park and street trees on public property and yard trees on private
property.
Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees
(newly planted or relocated), relocated trees, preserved trees, 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.
Agenda Item #1.B.
01 Feb 2021
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All red underlinedor strickthrough text approved by ESC on April 8, 2020. All additional changes from
comments at the April 8th mtg. and comments emailed are highlighted in yellow.
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 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;
b.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.
(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
(35) 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 (15) 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.
Tidal marsh shall mean a marsh found along rivers, coasts, and estuaries which floods and drains by
the tidal movement of the adjacent estuary, sea, or ocean.
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 (15) 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 of fifty (50) feet or more.
Agenda Item #1.B.
01 Feb 2021
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comments at the April 8th mtg. and comments emailed are highlighted in yellow.
(2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (50) feet.
(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 of the 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.
Underbrushing shall 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) four (4) inches DBH.
Vacant lot shall mean any property not previously developed with a structure of any kind or a
property where all structures were removed more than twenty (20) years prior to the date of the tree
removal application.
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.
Agenda Item #1.B.
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All red underlinedor strickthrough text approved by ESC on April 8, 2020. All additional changes from
comments at the April 8th mtg. and comments emailed are highlighted in yellow.
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)
Secs. 23-9—23-10. - Reserved.
ARTICLE III. - TREE AND VEGETATION REGULATIONS AND PERMITS[2]
Footnotes:
--- (2) ---
Editor's note— Section 2(Exh. A) of Ord. No. 95-10-101, adopted Feb. 22, 2010, amended art. III in its
entirety to read as herein set out. Former art. III, §§ 23-11—23-16, 23-21—23-26, 23-30—23-37, 23-40,
23-41, and 23-46—23-51 pertained to similar subject matter, and derived from Ord. No. 95-09-98(Exh. A),
adopted Jan. 12, 2009.
DIVISION 1. - IN GENERAL
Sec. 23-11. - Scope.
The provisions of this chapter shall be administered as set forth within this chapter. Aadministrative
procedures, authorities and responsibilities of the city commission and the administrator are set forth
herein.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
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 of this
chapter.
(4) To hear and decide appeals where it is alleged there is an error in any order, requirement or
decision made by the Community Development Board administrator in the implementation of
this chapter.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-13. - Administrator.
The administrator shall have the following authorities and responsibilities:
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(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.
(5) To refer applications for tree and vegetation removal to other departments and agencies for
comment, as set forth in 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), 2-22-10)
Sec. 23-14. - Tree conservation trust fund.
(a) Establishment of tree 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) Trustee funds shall be used only for the purposes designated by the city commission 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 into 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.
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(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 or on private property,
provided the trees are planted within the front yards or, in the case of corner lots only, the side
yards which adjoin a public right-of-way, that will provide needed shade, aesthetic enhancement
or the re-establishment of tree canopy in neighborhoods and along public roadways. For trees
planted on private property, the property owner shall be responsible for maintaining the health
of the tree(s). Should any tree die or be in a state of decline within three (3) years of being
planted, the property owner shall be required to replace the tree within sixty (60) days of that
determination.
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.
(3) The Environmental Stewardship Committee (ESC) shall review and make recommendations on
the disbursal of tree fund assets to the City Commission. The City Commission shall have final
approval on all disbursals of the tree fund assets.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-15—23-20. - Reserved.
DIVISION 3. - PERMITS
Sec. 23-21. - Permits required by this chapter.
(1)Unless specifically exempted within following section 23-22, permits are required for removal of
regulated trees on all lands within the City of Atlantic Beach., which shall include the following:
(2) Notwithstanding any provision in this Chapter to the contrary, the city may not require a notice,
application, approval, permit, fee or mitigation for the pruning, trimming, or removal of a tree on
residentially used property if the property owner obtains documentation from an arborist or a
Florida licensed landscape architect that the tree presents a danger to persons or property.
Documentation must be obtained by the property owner prior to the tree removal and must note
that the removal of the tree is necessary due to it presenting a danger to person or property. The
documentation must be made available to the administrator within three (3) business days from
the date of request. Falsification of such documentation is a serious offense that is subject to
prosecution and may also be reported to the relevant certification body.
(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 ($10,000.00) 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.
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(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.
In addition to the provisions of Section 23-21(2), tThe following activities shall be exempt from the
requirements to apply for and receive a tree or vegetation removal permit., except that none of these
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 ($10,000.00.) 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.
(12) 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 normal
permitting requirements will hamper private or public work to restore order to the city as to likely
compromise public safety.
(23) Safety hazard. The removal of trees that pose imminent danger to the public health, safety
and general welfare shall be granted an exemption upon inspection and determination by the
administrator that immediate removal without delay is required.
(34) 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, a forester, or an
arborist that removal is needed for the purpose of preventing the spread of disease or pests.
(45) 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, forester, or arborist.
(56) 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.
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(67) 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 (10) feet or less in width. Any pruning or removal of
trees or vegetation shall be as minimal as possible at the direction of the administrator.
However, any land clearing for the purpose of surveys shall not authorize the removal of any
regulated trees or regulated vegetation.
(78) 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), 2-22-10; 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 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 of applications. 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), the ESC Tree Subcommittee, 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
all of 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. In such cases, the application review fees will not be
refunded.
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(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 the written sign-offs, permits, or consents 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 issue a notice of intent to issue a tree
permit to approve or approve with conditions, or deny the application in accordance with the
procedures set forth in section 23-52(g) hereof.
(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 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 of permits. Upon approval of the application by the administrator, the permit shall be
issued. Work pursuant to the permit shall commence within six (6) twelve (12) months of the date of
issuance, or the permit shall expire. If the tree removal permit is in connection with a permit for
development, the tree removal permit shall pass its final inspection before the applicable
development permit’s final inspection, or issuance of Certificate of Completion or Certificate of
Occupancy, as applicable.
(f) Content of permits. 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 of permits. The permit shall be posted in a conspicuous and visible place at the front of the
property by the applicant prior to any removal activity promptly after issuance. The permit shall
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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 of permits. Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit, and shall require payment of an new 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 of permits.
(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
b. If the administrator finds that the approval of the permit was based on incorrect information
furnished by the applicant for the permit. Based upon such finding, however, the
administrator may make reasonably necessary accommodations to the 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; Ord. No. 5-17-64, § 2, 7-24-17)
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.
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(4) Maintenance inspections. The administrator shall have the authority during the required three
(3) year maintenance period 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, including vital root systems, 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), 2-22-10)
Sec. 23-25. - Appeals.
(a) Procedures to file appeals. Appeals and written notices objecting to decisions regarding tree permits
issued under authority of this chapter shall be made in accordance with the provisions of section 23-
52(g) hereof.
(b) Stay of work. Any appeal to the Ccity Ccommission filed pursuant to section 23-52(g) shall stay all
work on the premises and all proceedings in furtherance of the action appealed, unless the
appropriate administrative official certifies that a stay would cause imminent peril to life or property.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-17-64, § 3, 7-24-17)
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 upon submittal of an applicationat any time an application is submitted for approval,
amendment, or extension of a permit required by this chapter, or for each required reinspection, 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.
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(1) Tree and vegetation removal permit application. The tree and vegetation removal permit
application fee shall cover the processing and review of the 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
bc. Multifamily residential uses ..... 250.00
cd. Commercial or industrial uses ..... 250.00
de. 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), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23-27—23-29. - Reserved.
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 24-1767 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) minimum 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, at least
one (1) tree shall be planted 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) minimum 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:
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One (1) minimum four-inch caliper tree shall be planted and/or preserved for every ten thousand
(10,000) 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) minimum four-inch caliper tree shall be planted and/or preserved for every ten thousand
(10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and
water bodies.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-31. - General prohibitions.
Except as provided in Section 23-21(2), the following general prohibitions shall be applicable.
(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 poisoning, girdling, or spiking. It shall be unlawful to subject a tree to any danger from
introduce any type of poison or reactive material, from girdling with wire, cable or similar material, or
from inserting metal or chemicals into a tree for the purpose of causing the tree to die or become
diseased.
(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.
(ef) Unauthorized clearing of developed 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), 2-22-10)
Sec. 23-32. - Tree protection during development and construction.
It is the intent of this Section that on all properties under development, regardless of whether or not a tree
removal permit is required, the owner shall ensure that the measures described in this Section are taken
to protect all regulated trees that may be impacted by the development activities.
(a) Restrictions during construction.
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(1) Placement of materials, machinery, or temporary soils. It shall be unlawful for any person(s) to
cause or allow the storage of construction materials, the passing or use of heavy equipment or
machinery, or the temporary storage of soil deposits within the tree protection zone of any
regulated tree or group of trees to be preserved 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, or mortar on any
private property. Further, or any of these or other materials that may be harmful to the life of a
regulated tree may not be allowed to sit on or enter the soil within the tree protection zone of
any tree or groups of trees, or where planting beds are to be situated.
(b) Burden of tree 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 preserved, relocated,
retained trees and replacement trees for no less than 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 preserved, relocated, 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 (50) 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 (15) 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
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TREE PROTECTION ZONE (TPZ)
No grade change, storage of materials, passage or storage of vehicles or equipment is permitted within
this TPZ. This tree protection barrier must not be removed or altered 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
regulated 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), 2-22-10)
Sec. 23-33. - Mitigation to be assessed.
(a) Mitigation required. Replacement or relocation shall be the preferred methods of mitigation. 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): For example, if you
remove a total of one hundred (100) diameter inches of regulated palm trees on a private parcel, the
number of inches required to be mitigated would be one hundred (100) inches.
TABLE 1. STANDARD MITIGATION ASSESSMENT
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CLASSIFICATION OF
PROPERTY CLASSIFICATION OF REGULATED TREE
Protected Palm
trees
Diameter at breast
height (DBH) less
than fourteen (14)
inches
Diameter at breast
height (DBH) of
fourteen (14) inches
or greater and not
including palm trees
Heritage
Private parcels 1:12 1:1 1.5:1 21:1
Public parcels 12:1 2:1 2:1 2:1
Public rights-of-way,
easements, etc. 12:1 2:1 2:1 3:1
Environmentally sensitive
areas 2:1 2:1 2:1 3:1
Historic corridor 2:1 2:1 2:1 3:1
(c) General conditions. Mitigation shall be in the form of preservation of existing trees, successful
relocation of existing trees, replacement with new trees, or payment into the Tree Fund as authorized
by this chapter 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 if it is
in association with a development permit., whichever time is shorter, unless a greater period is
provided for good cause by the permit. The applicant assumes all duties, risks and costs associated
with mitigation.
(d) Tree preservation. Only residentially zoned parcels that currently have an active building permit for
a new principal structure may receive preservation credit in accordance with the following, For each
Eexisting onsite trees that are is of a designated maritime species, as defined in this Chapter, and
that is fourteen (14) 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 that is preserved onsite, the total number of inches required for
mitigation shall be reduced by twenty five percent (25%) up to a maximum reduction of fifty percent
(50%) or forty (40) inches, whichever is less. For example, if one hundred (100) inches of mitigation
is required and one fourteen (14) inch diameter at breast height live oak tree is preserve the required
mitigation would be reduced by twenty five percent (25%) to seventy five (75) total inches of
mitigation required.
(e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater that are being
relocated 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.
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(f) Tree replacement.
(1) Replacement quality and size. To help ensure that they grow to maturity quickly, nNew
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. For vacant lots only, the property owner may get
replacement credit for planting trees on any private property within one quarter (1/4) mile of
the vacant lot. 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 the property owner accepting off-site mitigation plantings 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. Other aspects that can be considered include native or
Florida friendly, carbon sequestration potential, water retention ability, and ecosystem
services of the tree. 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
Common Name Botanical Name
Ash, Green Fraxinus pennsylvanica
Ash, Water Fraxinus caroliniana
Bay, Loblolly Gordonia lasianthus
Cedar, Southern Red Juniperus silicicola
Cypress, Bald Taxodium distichum
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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
Pine, Pond Pinus serotina
Pine, Slash Pinus elliottii
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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 Ilex opaca
Holly, Dahoon Ilex cassine
Holly, East Palatka Ilex attenuata
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Holly, Yaupon Ilex 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 for replacement trees.
a. NewAll oaks removed pursuant to a permit shall be mitigated with the preservation,
relocation, or planting of used to replace removed oaks, unless payment is made to the
Tree Fund as allowed in Section 23-37. 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,
except oaks and Designated Maritime Species. Replacement credit for palms when
replacing species other than 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 on oceanfront lots only.
c. When a legacy Designated Maritime Species tree is removed, replacement credit shall only
be given for the planting of a Designated Maritime Sspecies 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 Designated Maritime
Species 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
Designated Maritime Species trees when replacing regulated protected trees that are not
on the legacy a Designated Maritime Species tree lost. The incentive credit is equal to two
(2) times the normal replacement credit. For example, if one ten (10) inch southern
magnolia tree is removed, any tree(s) planted for mitigation credit must be one of the
Designated Maritime Species. However, if one ten (10) inch palm tree is removed, any tree
planted for mitigation credit that is a Designated Maritime Species will receive double credit
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(i.e. a four (4) inch live oak will be credited eight (8) inches of mitigation credit).The
following species are legacy trees:
1. Bald Cypress (Taxodium distichum) twenty (20) inches in diameter or greater.
2. Cedar (Juniperus 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 geminata) (Sand Live Oak) eight (8) inches in diameter or greater.
5. Hickory (Carya Illinoensis) (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 of aboveground utilities and public facilities. No trees may be planted closer
than the following distances 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 (10) 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 (10) 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), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
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Sec. 23-34. - Maintenance and monitoring requirements.
The applicant shall be responsible for maintaining the health of any preserved, relocated, or
replacedment or relocation trees for three (3) years from the date of the final inspection approving the
work planting. Failure to ensure the viability of the tree(s) is a violation of this Chapter.
(1) Determination of success. The applicant shall determine the condition of each tree, three (3)
years after the tree was preserved, relocated or replaced planted. This determination shall be
submitted to the city for inspection and approval within thirty (30) days of being made.
Should any tree die or be in a state of decline within three (3) years of being preserved,
relocated, or replaced 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 (10) or more trees, or the
planting of one hundred (100) 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. If this success
rate is not met, then Section 23-34(1) shall apply.
(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 regulated trees under this chapter, and are exempt from mitigation. The trees on this list
shall not be accepted for mitigation replacement or relocation credit.
Australian pine casuarina cunninghamiana
Australian pine thicket casuarina glauca
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Bischofia bischofia javanica
Brazilian pepper schinus terebinthifolius
Camphor tree cinnamomum camphora
Carolina laurelcherry prunus caroliniana
Carrotwood cupaniopsis anacardioides
Castor bean ricinus communis
Catclaw mimosa mimosa pigra
Chinaberry tree melia azedarach
Chinese tallow sapium sebiferum
Chinese wisteria wisteria sinensis
Climbing cassia senna pendula
Earleaf acacia acacia auriculiformis
Golden Raintree koelreuteria paniculata
Guava psidium guayava
Jambolan syzygium cimini
Laurel fig ficus microcarpa
Lead tree leucanea leucocephala
Melaleuca tree melaleuca quinquenervia
Mimosa tree albizia julibrissin
Orchid tree bauhinia variegata
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Schefflera schefflera actinophylla
Seaside mahoe thespesia populnea
Shoebutton ardesia ardisia elliptica
Strawberry guava psidium cattleianum
Woman's tongue albizia lebbeck
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; 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.
(21) 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 prior to permit
issuance within seven (7) days of such determination.
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(32) Where payment in lieu of preservation, relocation, or 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 mitigated planted or relocated, to the city's tree fund. The approved mitigation
payment shall be payable to the tree conservation trust fund prior to permit issuance 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), 2-22-10)
Secs. 23-38—23-39. - Reserved.
DIVISION 5. - AREAS OF SPECIAL CONCERN
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 substantial 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), 2-22-10)
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. Trees, tree groups, or landscape groups designated
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. Upon
designation of corridors, professional tree surveys shall be obtained and placed in the public record.
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 have been designated by the city
commission as a historic corridor.
(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 or culturally significant tree coverage or landscaping, as individual
plants or in groupings.
(2) The presence of culturally significant tree coverage or landscaping.
(23) The presence of significant historic or architectural structures with associated tree coverage
or landscaping.
(3) 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.
(c) Documentation. The administrator shall maintain a record of all historic corridors so designated
designations and their location shall be reflected on city maps as such.
(d)Effect of historic corridor designation. Trees or landscape groupings on roadways, or portions
thereof, which have been designated as historic corridors shall not be damaged, mutilated or
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removed from public or private property by any person or entity, public or private, without prior
approval of the city commission, except in the event of an emergency. Removal shall be permitted 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 necessity of handicap accessibility, which require removal,
or
(4) There is another valid, legitimate reason for removal.
(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 strongly encourage protection of such
irreplaceable trees.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 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 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.
(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 of permit. 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) 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 or tree removal 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 onsite 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
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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 of violation.
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 may be appears imminent;
(5) Whenever remedial work required by notice of violation pursuant to 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 of stop 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 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 of the 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 initiate code enforcement action
pursuant to chapter 2, article V, division 2 of the Code of Ordinances, or other remedies as
authorized by law.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19)
Sec. 23-49. - Requirement for emergency or immediate corrective action.
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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), 2-22-10)
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 chapter 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), 2-22-10)
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 special magistrate.
(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
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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.
(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19)
Sec. 23-52. - Environmental stewardship committee—Intent.
The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village. The tree
canopy creates beauty, provides a home for wildlife, functions as an element of the water management
system and enhances property values. It is in the best interest for this committee to be the stewards of
the tree canopy through advocacy, assessment, maintenance, planting and preservation of this natural
resource. The city parks provide open spaces for recreation, exercise, wildlife habitat, relaxation and
encounters with the natural world. This committee intends to support the community to provide a variety
of park spaces that are well maintained, accessible and secure. This committee shall take the lead and
set high community standards in the beautification and maintenance of public spaces located within the
city. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a great deal of influence
on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the city.
The care and health of the coast and marsh must be paramount in every recommendation made by this
committee about the use of our land, water system and tree canopy.
(a) Environmental stewardship committee purposes. It shall be the purpose of the environmental
stewardship committee:
(1) To study and make recommendations to the city commission and city staff with respect to
the city's:
a. Maritime forest;
b. Parks and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
(2) To act as a motivating and coordinating body to encourage joint public and private
participation in promoting these purposes.
(b) Environmental stewardship committee—Scope of activities. The environmental stewardship
committee shall provide guidance and support to the city commission and city manager and,
upon request by the city commission or city manager, shall provide written recommendations, in
the following areas:
(1) Maritime forest:
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a. Clarifying and strengthening the city's processes and all tree and landscape related
city codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the city's ordinances;
c. Promoting transparency through online access to relevant information;
d. Developing and maintaining environmental education and outreach programs about
the maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private property to owners,
developers, builders, and tree/landscape service contractors;
f. Developing and maintaining a long-term tree plan that includes an assessment of the
tree canopy, projecting future needs, and developing a calendar and budget for tree
planting in parks, public spaces and along streets and right-of-ways;
g. Promoting tree canopy advocacy including upholding the city's status as a bona fide
"Tree City USA";
h. Developing a process for systematic, review of the city's enforcement of the existing
tree codes, including the long-term health of trees planted for mitigation; and
i. Developing and maintaining a process for citizens to communicate possible violations
to the city.
(2) Parks and open spaces:
a. Developing and maintaining a long-range plan to protect, improve and beautify park
spaces;
b. Improving access to and amenities for parks including disability accommodations, bike
paths, parking, signage and other user friendly features;
c. Expanding the city's inventory of parks and conservation land through acquisition or
other means; and
d. Maintaining a web-based, publicly accessible inventory of parks including their history,
archeological value, rules of use, deed restrictions and conservation easements.
(3) Beautification of public and private spaces:
a. Enhancing public spaces, including public rights-of-way, roadsides, city buildings,
beach accesses and other publicly held properties with art, carefully maintained
landscape design and plantings;
b. Incentivizing and advocating for beautification of private and commercial spaces;
c. Reducing the number and appearance of degraded or blighted properties; and
d. Developing a design theme/community branding for signage, bus shelters, lighting
and other elements of the built environment.
(4) Environmental stewardship:
a. Utilizing best practices, including a science based approach, when making any
decision about development and its impact on our environment;
b. Protecting the beach, dunes, marshlands and wetlands as critical defenses in
hurricane, erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain with the goal of
preserving the city's flood management system;
d. Reviewing the city's environmental codes and ensuring enforcement of rules
including, but not limited to, dumping, septic tanks and commercial pollution; and
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e. Reviewing, updating and maintaining the Marsh Master Plan for adherence to current
research about sea level change and wetlands preservation.
(c) Membership, terms, appointments, geographic requirements, composition.
(1) Membership. The environmental stewardship committee shall be composed of eleven (11)
members. A majority of the members of the committee shall constitute a quorum. No
member of the committee shall hold any other public office in violation of Article II, Section
5(a), Florida Constitution.
(2) Terms. Following the expiration of the terms of office of the inaugural board members, all
members shall serve three-year terms. Members shall not serve more than three (3)
consecutive terms on the committee. All terms shall expire on December 31 of the proper
year, provided, however, that members whose terms expire shall continue to serve until
replacement appointments are effective. Any committee member who wishes to resign
should submit a letter of resignation to the chairman and city clerk. Any vacancy during the
unexpired term of an appointed member shall be filled for the remainder of the term.
Should the length of the unexpired term be less than one (1) year, then such appointment
shall not count towards the maximum number of consecutive terms.
(3) Appointments. Except for the inaugural committee members, committee members shall be
selected by the board member review committee and shall be confirmed by the
commission. The commission shall select the inaugural committee members as follows:
Member Representation Appointed By
At large Mayor (3 years)
At large Mayor (4 years)
At large Mayor (3 years)
District 1308 resident Seat 2 commissioner (3 years)
At large Seat 2 commissioner (4 years)
District 1307 resident Seat 3 commissioner (3 years)
At large Seat 3 commissioner (4 years)
District 1306 resident Seat 4 commissioner (3 years)
At large Seat 4 commissioner (4 years)
District 1312 resident Seat 5 commissioner (3 years)
At large Seat 5 commissioner (4 years)
Agenda Item #1.B.
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(4) Geographical requirements. There shall be at least one (1) member representing each city
district on the committee. Each committee member must be a full time resident of the city
or own real property in the city. For the purpose of this section, full time residency shall be
defined as the person's principal place of abode. Any member must immediately notify the
city manager and chair in writing upon no longer meeting these membership qualifications.
(5) Composition. To the extent possible, committee members should demonstrate at least
one (1) of the following skills, experience, expertise, educational background or interests:
a. Knowledge of best practices in environmental management and sustainability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
g. Environmental and constitutional law;
h. Community engagement; and
i. Educational programming.
(d) Organization.
(1) The committee shall meet on the second Wednesday of each month. Special meetings
may be called by the chair, provided at least forty-eight (48) hours' notice is provided and
that a majority of the members must agree to the date and time. At its first regularly
scheduled meeting each January, the committee shall elect from among its members a
chair, vice chair, and secretary who shall assume their positions immediately upon
election.
(2) The chair shall preside at all meetings of the committee. The vice chair shall preside if the
chair is absent.
(3) The committee shall be staffed at each meeting by a city staff member appointed by the
city manager to act as the recording clerk. In addition, the city manager or his/her designee
shall attend all committee meetings.
(4) Roberts Rules of Order shall be followed at committee meetings. The committee may
adopt, amend, and rescind procedural rules of the committee to aid in implementing the
provisions of this section. All reports, studies, and recommendations made by the
committee shall be approved by the committee before the same may be presented to the
city commission or city manager on behalf of the committee.
(5) The committee shall establish a tree subcommittee in accordance with subsection (f)
below. The committee may establish such other subcommittees from among its
membership as it deems necessary to perform its activities. Subcommittees shall report on
their progress to the committee at such times as the committee shall require. All committee
and subcommittee meetings shall be open to the public and are subject to Florida's
Government in the Sunshine Laws.
(6) The committee's recording clerk shall keep minutes of the proceedings, showing the vote
of each member upon each question, or, if absent or failing to vote, indicating such fact,
and shall keep records of its examinations and other official actions, all of which shall be
immediately filed in the office of the city clerk and shall become a public record.
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(e) Removal of members. Any member on the committee may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend
three (3) consecutive meetings without prior notice to the director of planning and community
development or his/her designee and without reasonable cause shall have his office declared
vacant by the committee. The vacancy shall be promptly reported to the city clerk and filled by
the city commission.
(f) Establishment of tree subcommittee, membership, terms.
(1) There is hereby established a tree subcommittee of the environmental stewardship
committee, referred to in this subsection as the subcommittee. The subcommittee shall
systematically review tree permits submitted to the city for completeness and to determine
compliance with the provisions of this chapter 23 as more particularly described in this
subsection. The subcommittee shall consist of three (3) members and one (1) alternate
member. The alternate shall serve in the case of the absence of any of the three (3)
members. The members of the environmental stewardship committee may volunteer to
serve on the subcommittee and shall be appointed to the subcommittee by the
environmental stewardship committee. All of the members of the subcommittee shall be
members of the environmental stewardship committee. The environmental stewardship
committee shall appoint or remove the members of the subcommittee by a simple majority
vote. Filling vacancies shall take place at the next regular scheduled meeting of the
environmental stewardship committee after a seat on the subcommittee has become
vacated. Members of the subcommittee may serve for as long as they serve on the
environmental stewardship committee.
(2) Organization of tree subcommittee.
a. The environmental stewardship committee shall establish a regular meeting schedule
of the tree subcommittee. Unless otherwise determined, the subcommittee's meetings
shall meet on the same date as the environmental stewardship committee.
b. The administrator or designee shall attend all meetings of the subcommittee. A city
staff member designated by the city manager shall act as clerk for the subcommittee.
The clerk shall be responsible for the clerical administration of the subcommittee. The
clerk shall also be responsible for the maintenance and preservation of all records of
the subcommittee in coordination with the city clerk's office.
c. The subcommittee shall utilize the rules of the environmental stewardship committee.
Robert's Rules of Order shall be followed to conduct meetings. All meetings shall be
open to the public. The subcommittee shall keep minutes of the proceedings,
recording the vote of each member upon each question or if absent or failing to vote,
indicating such facts. It shall keep records of its examinations and other official
actions, all of which shall be promptly filed with the city clerk's office and shall become
public record. The subcommittee will operate in compliance with Florida's Government
in the Sunshine Laws.
(g) Systematic permit review and appeal process. Notwithstanding any other permit review or
appeal processes set forth in the Atlantic Beach Code of Ordinances, the following permit
review and appeal procedures shall constitute the exclusive procedures regarding tree permits
in the City of Atlantic Beach.
(1) Initial review period.
a. The administrator shall upload all tree permit applications to the city's website within
three (3) business days of being deemed sufficient in accordance with section 23-23
of this Code, and ready for site inspection in accordance with section 23-24. The initial
site inspection by the administrator may occur no earlier than the fourth business day
after the complete permit application has been uploaded to the city's website.
b. The subcommittee may review any tree permit applications.
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c. Each member of the subcommittee may independently review any tree permit
applications that include the removal of more than fifty (50) percent of the total inches
of the diameter at breast height (DBH) of regulated trees on any property.
d. Each member of the subcommittee may independently review any tree permit
applications that include the removal of one (1) or more legacy designated maritime
species tree(s) on any property.
e. One (1) member of the subcommittee may accompany the administrator on the initial
site inspection as an observer. The subcommittee member must make the request to
attend the initial site inspection as an observer within three (3) business days of the
permit being uploaded to the city's website. The subcommittee member shall not
interact with the property owner or the property owner's agents during the site
inspection and shall stay in the vicinity of the administrator during the inspection. The
subcommittee member shall be provided twenty-four (24) hours' notice prior to the
time of the site inspection. If multiple requests are made by subcommittee members to
accompany the administrator on the initial site inspection, the administrator shall
select the first subcommittee member who submits a request in writing.
(2) Issuance, review and appeal procedures of a permit or interim decision of the
administrator.
a. Whenever the administrator makes an interim decision regarding the required
mitigation in response to an application, which the applicant does not agree with, then
the applicant may file a notice within five (5) business days after the date of the
administrator’s written mitigation decision. Thereafter the appeals process shall follow
the provisions of (c) through (e) below.
ba. When the administrator's application review process and inspection have been
completed, the administrator shall distribute a notice of intent to issue tree permit to
the applicant and all members of the subcommittee, including the alternate member
and upload the draft permit to the city's website. Within five (5) business days after the
distribution of the notice of intent, the applicant, any member of the subcommittee or
any "adversely affected party" as defined in section 24-17 may place a hold on the
permit by providing written notice to the administrator requesting further review. This
notice shall include the rationale to support the request for further review. If no notice
is filed, the permit shall be effective after the expiration of the five-business-day notice
period.
cb. Should a written notice be timely filed, within five (5) business days after a notice is
filed with the administrator, the administrator shall place the matter on the agenda,
with proper notice, of the next available regularly scheduled subcommittee meeting.
dc. The subcommittee shall review the draft permit for compliance with the requirements
of this chapter 23 and shall, by majority vote, recommend that the administrator
approve, approve with conditions or deny the application. The administrator shall
issue or deny the permit within five (5) business days after the subcommittee meeting.
The applicant or any member of the subcommittee or any "adversely affected party"
who submitted written comments to the subcommittee prior to the meeting or made a
presentation to the subcommittee during the meeting, may file a written notice
objecting to the permit within five (5) business days from the date of permit issuance
stating the alleged reasons the permit does not comply with the provision of this
chapter 23. The permit issued by the administrator shall not be effective until this five-
business-day notice period has expired.
ed. Should a written notice be timely filed, the draft permit shall be placed on the next
available community development board agenda. The board's review shall be de
novo. The board shall determine whether the draft permit complies with the provisions
of this chapter 23. The board may issue, deny or modify the draft permit. All notice
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requirements for "variances" set forth in chapter 24 section 24-51(c)(2) shall apply to
the hearing on said contested tree permit.
fe. The decision by the community development board shall be final unless the applicant
or an "adversely affected party" who submitted written comments to the board prior to
the board meeting or made a presentation to the board during the meeting files a
written appeal of the community development board decision to the city commission
within fifteen (15) days of the board's decision, with the city clerk, together with a five-
hundred-dollar ($500.00) filing fee. Where the community development board
approves a tree permit, the subject tree permit shall not be effective until the fifteen-
day appeal period has expired. Said written appeal must set forth the alleged reasons
that the community development board's determination does not comply with the
provisions of this chapter 23. The commission's review shall be de novo and the
notice requirements for "variances" set forth in chapter 24 section 24-51(c)(2) shall
apply. The commission may confirm, overturn or modify the community development
board's action. The action of the commission shall constitute final action of the city.
Where the commission approves a tree permit, the permit shall not be effective until
any applicable judicial appeal period has expired.
(Ord. No. 5-17-64, § 1, 7-24-17; Ord. No. 5-18-67, §§ 1—3, 1-14-19)
Secs. 23-53—23-60. - Reserved.
Agenda Item #1.B.
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NOTICE OF MEETING AND INSTRUCTIONS FOR PROVIDING PUBLIC COMMENTS FOR THE
JOINT CITY COMMISSION AND ENVIRONMENTAL STEWARDSHIP (ECS) –WORKSHOP BEING HELD ON
FEBRUARY 1, 2021 AT 6:00 P.M.
IN THE CITY HALL, COMMISSION CHAMBER, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233 OR
VIA COMMUNICATIONS MEDIA TECHNOLOGY (CMT)
Notice is hereby given that a joint meeting between the City Commission and Environmental Stewardship Committee
(ESC), to discuss updates to Chapter 23 Protection of Trees and Native Vegetation, will be held at 6:00 pm on February 1,
2021. This workshop will be held - in-person and through Communications Media Technology (CMT) which will allow for
both virtual participation and in-person participation. All Commissioners will be participating in-person and ESC members
will be participating in-person and virtually. In person participation will be held in Commission Chamber located
at 800 Seminole Road, Atlantic Beach, FL 32233. Virtual participation will be held through Zoom.
Please Note: Two or more members of any board or committee of the City of Atlantic Beach may be in
attendance.
As always, live stream of the workshop can be viewed at https://atlanticbeachfl.swagit.com/live at the time of
the meeting.
Due to the ongoing State of Emergency, the following three (3) options are available for providing public
comments for this meeting.
Option 1: Attend in-person and provide comments at the workshop.
If you choose this option, please register to speak by completing a speaker form which is located on the table
as you enter the Commission Chamber and submitting it to the City Clerk prior to the start of the meeting. The
time allowed for public comments will be determined by the number of speakers and will be announced by the
mayor. When it is your turn to speak, you will be called to the podium. CDC Guidance, including mask wearing
and social distancing, relevant to preventing the spread of COVID-19 will be strictly enforced.
Option 2: Provide written comments/materials - either by email, hand delivery, or drop box.
This option allows the public to submit written comments (1) to be read during the meeting or (2) to be entered
into record without being read during the meeting. For this option, the following are required.
1. Title your comments:
For Public Comments – “Written Comments/Materials, City Commission & ESC Joint Workshop,
February 1, 2021”
2. Provide your name (required), address and email address, and
3. If you desire for your written comments to be read into the record during the meeting, please indicate
so and limit the size to 300 words. Only written comments of 300 or fewer words will be read into the
record during the meeting. All other written comments received by the deadline below will be entered
into the meeting record and distributed to the City Commission and the appropriate staff before the
start of the meeting.
4. Submit your comments to the City Clerk no later than 5:00 p.m. on Friday, January 29, 2021 using one of
the following methods:
by emailing to cityclerk@coab.us,
by hand delivering to City Clerk’s Office at City Hall, 800 Seminole Road, Atlantic Beach during
business hours, OR
by placing in the Drop Box located at the entrance to City Hall, 800 Seminole Road, Atlantic Beach.
Option 3: Join by CMT (Zoom)
To participate via Zoom go to https://www.coab.us/506/Meeting-Videos. You will be prompted to register.
You must register to watch/listen or to provide public comment via Zoom. The time allowed for public
comments will be determined by the number of speakers and will be announced by the mayor. When it is your
turn to speak, you will be called. The meeting moderator will monitor adherence to the Commission Rules of
Procedure, these CMT Procedures or Robert’s Rules of Order and may mute any persons determined to be in
violation.
For questions regarding proposed updates to Chapter 23, please visit our website
https://www.coab.us/DocumentCenter/View/12536/Final -Tree-Code-Redline-1282020 or contact Amanda
Askew, Planning and Community Development Director, aaskew@coab.us or (904) 247-5841.
In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate
in this proceeding should contact Donna Bartle, City Clerk, at 247-5809 or at City Hall, 800 Seminole Road, no
later than Noon on Friday, January 29, 2021.
Agenda Item #2.A.
01 Feb 2021
Page 43 of 43