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07-12-2021 Draft Agenda Packet City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, July 12, 2021 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1 APPROVAL OF MINUTES 2 COURTESY OF FLOOR TO VISITORS 2A. Florida League of Cities Community Service Award Presentation to the Atlantic Beach Youth Council. 2B. Proclamation in Recognition of Bob Thompson Barber Shop. Proclamation 5 2C. Proclamation in Recognition of Voo-Swar Restaurant & Lounge. Proclamation 7 PUBLIC COMMENT 3 CITY MANAGER REPORTS 3A. Dog Park 3B. Budget 3C. Accept the 90-Day Calendar 90-Day Calendar (July through September 2021) 9 - 12 4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6 CONSENT AGENDA 7 COMMITTEE REPORTS 8 ACTION ON RESOLUTIONS 8A. Resolution No. 21-38 18th and 19th Street Paid Parking (Backup will be provided in the Final Agenda) Page 1 of 77 Regular City Commission - 12 Jul 2021 8B. Resolution No. 21-41 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE ENGINEERING SERVICES FOR THE DUTTON ISLAND CULVERT REPAIR. Resolution No. 21-41 13 - 19 8C. Resolution No. 21-42 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING BID #2021-12 FOR THE DONNER ROAD RECONSTRUCTION PROJECT – PHASES 1 & 2: CDBG 2021. Resolution No. 21-42 21 - 28 9 ACTION ON ORDINANCES 9A. Ordinance 95-21-119 PUBLIC HEARING and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING A FULLY REVISED CHAPTER 23, PROTECTION OF TREES AND NATIVE VEGETATION, OF THE ATLANTIC BEACH CODE OF ORDINANCES, AS SET FORTH WITHIN ATTACHED EXHIBIT A, WHICH GENERALLY AND SPECIFICALLY REGULATES THE PROTECTION AND REMOVAL OF TREES AND VEGETATION WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA; REPEALING THE ENTIRETY OF THE CURRENT CHAPTER 23, ADOPTED BY ORDINANCE NUMBER 95 -09-98 AS AMENDED TO DATE; SAID NEWLY ADOPTED CHAPTER 23 CONTAINING THREE ARTICLES; ARTICLE I – IN GENERAL, PROVIDING FOR PURPOSE AND INTENT, ADOPTION AND AUTHORITY, PROVIDING FOR AMENDMENTS, AND STRENGTHENING THE MARITIME FOREST IMPORTANCE; ARTICLE II – LANGUAGE AND DEFINITIONS, PROVIDING FOR UPDATED DEFINITIONS; ARTICLE III – TREE AND VEGETATION REGULATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Ordinance 95-21-119 29 - 77 10 MISCELLANEOUS BUSINESS 11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER 13 ADJOURNMENT This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, Page 2 of 77 Regular City Commission - 12 Jul 2021 and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. 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, Fl orida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting. Page 3 of 77 Page 4 of 77 iarntlamatiunof the (titty at Qtlantit i?eath in Recognition of Bob ’s Barber Shop WHEREAS,small,independentbusinesses are the lifeblood of a dynamic and equitable economy,and they otherwise enhance the quality of life in our community and country by bringing people closer together;and WHEREAS,in an effort to bring recognition and exhibit appreciationto Atlantic Beach’s business community, City staff and others recently sought to identify the oldest continually sewing businesses in our community;and WHEREAS,the research has concluded that Bob’s Barber Shop is among the oldest continually sewing businesses in Atlantic Beach;and WHEREAS,this proclamation seeks to honor Bob’s Barber Shop,a staple of the Atlantic Beach community;and WHEREAS,Bob Thompson,a native of Comfort,Boone County,West Virginia,le?home in 1960 to attend barber school in Jacksonville,and he graduated in January 1961;and WHEREAS,Mr.Thompson began working at the Barber Shop at the age of 18 in April 1961;at that time,the Shop was owned by A.B.McCombs,and there were three barbers;and WHEREAS,Mr.Thompson purchased the business in 1964,and it became known as Bobls Barber Shop.At that time,it wasjust Mr.Thompson and Af?e Pearce at the chairs;and from 1966 to 1986,Mr.Thompson worked alone;and WHEREAS,Mr.Thompson has made thousands of friends at his Barber Shop over the years,and has served generations of customers,including two families representing ?ve generations;and WHEREAS,Mr.Thompson’s first two regular customers are among those who remain loyal to his cra?:Butch Garvin,former Atlantic Beach police officer,who was one of the best basketball players at Fletcher in his day;and Gerald Pack,owner of Safe Harbor Seafood;and WHEREAS,Coach Wimpy Sutton,a Beaches legend,was a great-longtime customer,as was Capt.Mike Soanlan,former teacher and ?sherman,who the Mayport Boat Ramp is named after;along with many of Mayport Naval Station‘s brass and other Beaches VIPs;and WHEREAS,Mr.Thompson also has served the community beyond the Barber Shop’s walls,supporting Fletcher sports and the Fraternal Order of Police for decades;and by visiting the homes of customers and cutting their hair when they were sick;and WHEREAS,at age 78,Mr.Thompson cuts hair part-time and is spending the extra time with his beloved wife, Delores,daughters and ?ve grandchildren,thanks to his co-workers,David Lambert,who has been with him for 12 years, and Marianna Boehm. NOW,THEREFORE,1,Ellen Glasser,Mayor of the City of Atlantic Beach,Florida,do hereby express my sincere appreciation and congratulations to Mr.Bob Thompson,owner of Bob ’s Barber Shop in Atlantic Beach,along with his employees and co-workers,for their commitment,resilience and spirit of community, and extend my heartiest best wishes in the years to come. IN WITNESS WHEREOF,I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 12th day ofluly 2021. Ellen Glasser,Mayor Agenda Item #2B. 12 Jul 2021 Page 5 of 77 Page 6 of 77 ilj?tutlamatiun of the (City of Qtlanttt ?izatb in Recognition of Voo-Swar Restaurant &Lounge WHEREAS,small,independent businesses are the lifeblood of a dynamic and equitable economy,and they otherwise enhance the quality of life in our community and country by bringing people closer to together;and WHEREAS,in an effort to bring recognition and exhibit appreciation to Atlantic Beach’s business community,City staff and others recently sought to identify the oldest continually serving businesses in our community;and WHEREAS,the research has concluded the Voo-Swar Restaurant &Lounge is among the oldest continually serving businesses in Atlantic Beach;and WHEREAS,this proclamation seeks to honor Voo-Swar Restaurant and Lounge,a staple of the Atlantic Beach community;and WHEREAS,Earnest Davis was born in 1931 at home in Jacksonville Beach,and was raised in the Atlantic Beach neighborhood known then as “The Woods”;and WHEREAS,“Mr.E,”as he would become affectionately known,worked odd jobs growing up,and in the 195Os began creating a restaurant and lounge —largely with his barely hands —that in 1963 became the Voo-Swar; and WHEREAS,“Voo-Swar”is a derivation of an Old French word,“vosoir”,later “voissoir”—the ?nal stone in an archway;and WHEREAS,over time at the Voo-Swar,Mr.Davis ful?lled his vision of creating a place where all people were welcome,and black Navy sailors that were discriminated against could go to as a home away from home;and WHEREAS,quite ?ttingly,the soft-spoken storyteller who delighted and inspired countless people with his conversation,kindness and hospitality was honored in the twilight of his life by the Beaches Museum and with a Martin Luther King,Jr.,Community Service Award;and WHEREAS,Mr.Davis departed this life in 2019 surrounded by the love of family and friends;and WHEREAS,the Voo-Swar continues to operate -even thrive —under the ownership of one of Mr.Davis’ children,Lewis Washington;and NOW,THEREFORE,1,Ellen Glasser,Mayor of the City of Atlantic Beach,Florida,do hereby express my sincere appreciation and congratulations to Mr.Lewis Washington,owner of VOOS WAR RESTAURANT &LOUNGE in Atlantic Beach,along with his employees,for their commitment,resilience and spirit of community,and for continuing Mr.Davis’proud legacy,and extend my heartiest best wishes in the years to come. IN WITNESS WHEREOF,I have set my hand and caused the Official Seal of the City of Atlantic Beach to be affixed this 12th day ofJuly 2021. Ellen Glasser,Mayor Agenda Item #2C. 12 Jul 2021 Page 7 of 77 Page 8 of 77 AGENDA I'I‘ElVI: SUBNIITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: BUDGET: RECOMMENDATION : ATTACHNIENT: REVIEVVED BY CITY DIANAGER: CITY OF‘ATLANTIC BEACH CITY C()l\/IIVIISSION NIEETING STAFF REPORT 90-Day Calendar for the I\/Iayor and Commission Yvonne Calverlcy,Executive Assistant to the City M an ag er/ C/ June 28,2021 July 1 2,202 l The 90-day calendar is included on the agenda for the pu rp os e ofsetting meeting dates and determining the location,tirne and wh eth er to videotape special meetings and workshops. The rolling 90-day calendar will be revised aiier receiving inputfrom City staff and the Commission,and will be included in agendafor consideration. Sgecial Notes: -A Town Hall 1\/Ieeting is scheduled for Saturday,July frorn10amto Noon in the Commission Charnber.Subj:Adaptation -Budget Workshops are scheduled for July 22 and August 19at6pm. None Approve the 90-Day Calendar for July through Septexnber 2021. 1)Mayor and Commission 90-Day Calendar (July through Septe mber 2021) a.4_C/?>/(4.;Agenda Item #3C.12 Jul 2021Page 9 of 77 MAYOR AND COMMISSION Agenda Item #3C.12 Jul 2021Page 10 of 77 MAYOR AND COMJVIISSION 10 11 Commission Mtg ESC Meeting 630 pm 6 pm Pension Board (lnvoc-Nonis)Meeting Due Date for M23 530 pm Agemh I5 15 1‘1:3 19 :0 21 Community ESC Outreach Budget Development Subcommittee Workshop Board 6:30 pm 6 pm 6 pm 22 E»24 5 25 27 3 Commission Mtg 6:30 pm (Invoc~Gla$er) 3 30 311 Agenda Item #3C.12 Jul 2021Page 11 of 77 MAYOR AND COMM]$ION 6 Lnbor Day City Offices Closed Agenda Item #3C.12 Jul 2021Page 12 of 77 AGENDA I'l'ENI: SUBIVIITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: BUDGET: RECONINIENDATION: ATTACHNIENT: CITY OF ATLANTIC BEACH CITY COl\/IIVIISSION NIEETING STAFF REPORT Engineering Services for Dutton Island Culvert Repair Scott VVil1iaJ-ns,Public Works Director June 25.2021 July 12,2021 The Culvert under the Dutton Island access road is in need of maintenance.Staff received a Scope &Fee Proposal from Ed wa rds Engineering,Inc.in the arnount of $28,816.50 for the Dutton Culvert Repair in which replacement,slip lining and coating are all to be considered.The options are complicated by the lirnite d work area,surrounding marsh areas and perrnitting requirements. The Scope of Work,as detailed in their proposal dated June 1202 1, is outlined as follows: Task I —Investigation of Repair Types Task II V Envirorunental Task III —Geotechnical Engineering Task xv _structural Engineering Task IV —Preparation of Construction Documents Task V —Bidding The City has a Professional Engineering Services Agreernent Edwards Engineering,Inc.under RFQ20—01 ,and this scope o f w or k would be Task Authorization No.RFQ20—O1~EE-TA#2 under s a i d Agreement. There is $40,000 budgeted in the Parks Professional Services 001 -6020-5 72-3 1 00 for this work. Approve Resolution No.2 1 -4 1 1 )Resolution No.2 1 -4 1 2)Proposal from Edwards Engineering,Inc.dated June 15,20 21 . REVIEWED BY crrv IVIANAGER:/14$é4 Agenda Item #8B.12 Jul 2021Page 13 of 77 RESOLUTION NO.21-41 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, APPROVING THE ENGINEERING SERVICES FOR THE DUTTON ISLAND CULVERT REPAIR. WHEREAS,on June 15,2021,staff received a proposal from Edwards Engineering,Inc.in the amount of $28,806.50 to provide professional engineering services for the Dutton Island Culvert Repair;and WHEREAS,due to age,the culvert is in need of maintenance,and the consultant intends to consider replacement,slip lining and coating systems as the options are complicated by the limited work area,surrounding marsh areas and permitting requirements,and WHEREAS,the Scope of Work,as detailed in their proposal,is outlined as follows: Task I —Investigation of Repair Types;Task II ~Environmental;Task III —Geotechnical Engineering;Task IV ~Structural Engineering;Task IV —Preparation of Construction Documents; and Task V —Bidding;and WHEREAS,the City has a Professional Engineering Services Agreement with Edwards Engineering,Inc.under RFQ20—2l,and this scope of work would be Task Authorization No.RFQ20— 0l—EE-TA#2under said agreement;and WHEREAS,adequate funding is budgeted in the Parks Professional Services account 001- 6020-572-3100 for this work. NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby authorizes the City Manager to execute Task Authorization RFQ20-Ol-EE-TA#2with Edwards Engineering,Inc.in the amount of $28,806.50 for Engineering Services related to the Dutton Island Culvert Repair as detailed in their proposal dated June 15,2021,and; SECTION 2.The City Commission hereby authorizes the City Manager to approve a Purchase Order to Edwards Engineering,Inc.in the amount of $28,806.50 for said Task Authorization. SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 12"‘day of July,2021. Attest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8B.12 Jul 2021Page 14 of 77 1335 Corporate Square Bo ule var d Jacksonville.Florida 32 22 5hone(904)72 5- 42 20NGINEERING,Inc. P '3‘‘W’”‘‘ ‘‘ 2‘ ‘’ edwardsengczo m June 1 5 2021 Mr.Steve Swann City Engineer City of Atlantic Beach 800 Seminole Road Atlantic Beach,FL 32233 RE:Dutton Island Culvert Repair Dear Mr.Swann: Thank you for the opportunity for Edwards Engineering (EE)to provide these professional engineering services.In follow-up to your request,we are please dtopresentthisletterproposaltodesignarepairoftheculvertundertheDutto nIslandaccessroad. BACKGROUND There Is an existing 13-1 1''X 9’-5"aluminum culvert under the Dutton Island access road.The culvert serves as an equalizer pipe between the marsh are asnorthandsouthoftheroad.The culvert was designed circa 1999 and is believed to have been constructed in 2000. Due to the age the culvert is in need of maintenance.Replacement,slip linin gandcoatingsystemsareallbeingconsidered.The options are complicated the limited work area,surrounding marsh areas and perrnitting requirements. Permits will be required for the Corps of Engineers (Corps)and the Florida Department of Environmental Protection (FDEP).It is believed that the Corps w‘issue a Nationwide Permit for the works and that the FDEP w issue a Maintenance Permit.These permits may not require as much effort as Individ ualpennits. As requested,this proposal includes deslgn and bid documents for the repair. EE will contract with environmental,structural engineering and geotechnical engineering ?rms for portions of these services. SCOPE Based on the above information,we offer the following scope of services.Agenda Item #8B.12 Jul 2021Page 15 of 77 -.su-we Svvunn Task I —Investigation of Repair Types A.EE will Investigate several options for repair of the culvert. B.EE wl meet with contractors that perforrn this type of work and discuss repair options.In conjunction with Atlantic Beach representatives,EE wi llchoosethemostcosteffectivealternative. Task ll -Environmental In order to quantify any wetland impacts and permit them through the agencies, EE will contract with a professional environmental firm to perform the following tasks. A.Vvetlands/Surface VVater Delineation —delineate the extents of FDEP and ACOE jur s onal wetlands and surface waters:and ACOE and State Florida wetland data forms of representative areas will be completed.The wetlandlsurface water flagged polnt locations will be located using a sub- meter GPS.The GPS points will be converted to CAD,KML,or GIS shapefi leforpermitplanningpurposes. B.Environmental Resource Permit Application —Respond to environmental-a n d wet|and—reIated concerns for the Environmental Resource Permit application .This task also includes Uniform Mitigation Assessment Method (UMAM) evaluation of wetland impacts.one site review or meeting with SJRWMD,and one response to a request for additional information (RAI). C.ACOE Permlt Application —Prepare necessary documentation for applying for an ACOE Nationwide Permit.This task includes UNIAM assessment of wetland impacts,one site review or meeting with ACOE,and one RAI response. Task Ill —Geotechnical Engineering The project will require a coffer dam for the repair to take place.As such.a geotechnical nves 'gation will be required.The investigation will include drilli ngofsoilbor‘gs by drill crews under supervision.laboratory testing of representative soil samples for pertinent engineering properties,various engineering analyses,and preparation of an engineering report.The objective of the geotechnical exploration is to provide site and subsurface information to evaluate the subsurface conditions at the site for the proposed construction. Upon completion of drilling operations,the samples will be returned to the laboratory for further identification and testing.The following field services ar eproposed: I-Jn IVA Ros 1-:/v(.'INI-:1:R1N(;'Agenda Item #8B.12 Jul 2021Page 16 of 77 L“/1*Swan" 5,.2021 Page .4 of 4 B. Perform tvvo (2)SPTs to a depth 01740‘,one on each side of the Dutton I s l a n d access road. Laboratory classification and index property tests will be performed as necessary on selected soil samples obtained from the exploration. The results of the exploration and engineering evaluation will then be documented in a report containing the following: A. B. C. D. A brief discussion of our understanding of the planned construction and imposed loading conditions. A presentation of the ?eld and laboratory test procedures used and the d a t a obtained. A presentation of the existing on—site conditions,such as topography.surf acevegetation.etc.as they relate to the planned construction. A presentation of the encountered subsurface conditions,including subsurface profiles and measured groundwater levels.estimated seasonal high groundwater levels,and estimated geotechnical engineering properties (as necessary). A geotechnical engineering evaluation of the site and subsurface conditions with respect to the planned construction. Recommended design parameters for sheet pile cofferdam.Soil parameters Including the soil type.unit and effective weights,phi angle,cohesion.fric tio nanglebetweensoilandsteelsheetpile,and Rankine earth pressures. Task IV—Structural Eng nee ng EE will contract with a structural engineering ?rm to design a Coffer dam to a l l o for the construction/repair of the culvert.The design tasks will consist of: Review existing documents that may be. One (1)site visit to observe and record the exis ing structural conditions. Perforrn structural analysis based on 1)and 2)above. Prepare a written report providing a description of our findings and conclusions with regard to the above work. In the Construction Documents Phase (CD Phase).based on the report, perform structural analy is and design and prepare drawings setting forth in detail the structural requirements of the project. Perform one (1)site visit to observe the progress and the quality of the w o r k of the Contractor(s)and prepare a written report for the visit, I-:1:IVA RDS EN(:'INl-.‘lJRlIV(:'Agenda Item #8B.12 Jul 2021Page 17 of 77 ‘Reva Swnnn IS,2021 ;,e -1 of4 Task IV ~Preparation of Construction Documents We anticipate that the primary deliverable will be more speci?cations dominate d.However,some minor drawings will be required for permitting. A.EE will prepare a plan for the project outlining the limits of construction; B.EE will prepare details to assist the contractor in completion of the project; C.EE will prepare drawings required to submit for permitting with the Corps o fEngineersNationwidePermitandtheFDEPMaintenancePermit. It is our intention to include specifications within the design drawings. Task V —Bidding A.EE will prepare bid documents for the project.We will work with you to prepare any public notices.bid forms or other documents.As discussed, "front end"documents will not be required. B.EE will answer questions from bidders and issues addenda,if necessary. C.EE will evaluate the bids and make a recommendation to you of who is t h elowestbidder. FEES We have attached a detailed breakdown of anticipated hours for your reference. NOTE:This proposal does NOT include Post-Bid or Construction Phase services. If you find this proposal acceptable,please indicate by issuing a purchase or d erunderourmastercontract.If you have any questions,please call. Sincerely. EDVVARDS ENGINEERING (:Z:_}/‘v<‘¢7;//‘/' -Gra S.Edwards,P.E President 1:1)IVA nus z~:N(.'INI;1v:R ING Agenda Item #8B.12 Jul 2021Page 18 of 77 -............,2.......,. =.....zn.-.........c.x=..x..... EDWARDS zmsmssnma.INC. nu Oorpnlala squm alum. .uIcK.saNvII.LE.FL sun flea)uuzau max and)11:42:: Dutton Island Culvert Rap-Ir vcwmclnw Agenda Item #8B.12 Jul 2021Page 19 of 77 Page 20 of 77 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM:Resolution No.21-42 Bid 2021-12 for the Donner Road Reconstruction Project Phase 1 &2 —CDBG 2021 SUBMITTED BY:Scott Williams,Public Works Director Troy Stephens,Public Utilities Director TODAY’S DATE:June 30,2021 MEETING DATE:July 12,2021 BACKGROUND:A bid opening was held on Wednesday,June 23,2021 for Bid 2021-12 Donner Road Reconstruction Project:Phase 1 &2 —CDBG 2021.The project consists of furnishing all labor,equipment and materials for excavation,demolition,roadway stabilization and base construction, asphalt paving,drainage pipe,drainage structures,sidewalk,curb &gutter,fence,pavement markings, tra?ic signal loop construction,sanitary sewer construction,water line construction and force main construction along Donner Road.The project has been divided into two phases due to funding requirements.Three bids were received as follows: CGC,Inc.J.D.Hinson Company Jax Utilities Management,Inc. Part A —Phase 1 $948,847.60 $1,255,064.50 $779,402.30 10%Contingency $94,884.76 $125,506.45 '$77,940.23 Total PartA -Phase 1 $1,043,732.36 $130,570.95 $857,342.53 Part A—Phase 2 $824,762.68 $1,181,618.91 $732,000.50 10%Contingency $82,476.27 $118,161.89 $73,200.05 Total Part A —Phase 2 $907,238.95 $1,299,780.80 $805,200.55 Part B ——Utilities $847,300.86 $946,030.80 $918,808.30 10%Contingency $84,730.09 $94,603.08 $91,880.83 Total Part B $932,030.95 $1,040,633.88 $1,010,689.13 Grand Total w/Fencing $2,972,966.25 $3,909,336.96 $2,759,668.21Thelowbidder,Jax Utilities Management,Inc.,included all required documentation with their bidsubmittal.The Contractor will be given 180 days to complete Phase 1,and an additional 150 days tocompletePhase2oftheproject.Agenda Item #8C.12 Jul 2021Page 21 of 77 BUDGET:Funding will come ?om the following project accounts: PV/2004 Donner Road Improvements:$2,323,617 PU2l 06 Donner Force Main:$1 87,000 PUZO 19 Donner Pipe/1\/Ianhole:$1 00,000 PU2l 01 Water 1\/Iain Upgrades:$1 49,05 1 .2 1 REC()1\’IlVIEN1)ATIC)1\I:Approve Resolution No.21-42 awarding Bid 202 l~12 for Donn er Road Reconstruction —Phases 1 &2:CDBG 2021 to Jax Utilities 1\/Ianagernent,Inc.in th e axnountof $2,759,668.21,and authorize the City 1\/Ianager to execute the contract documents. ATTACI-I1\/IENT(S):Resolution No.2 1 -42 202 1 —1 2 Bid Tabulation 202 1 —1 2 Bid Analysis (Bids on file with Purchasing) / REVIEWED BY CITY MANAGER:u(,Agenda Item #8C.12 Jul 2021Page 22 of 77 RESOLUTION NO.21-42 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA, AWARDING BID #2021-12 FOR THE DONNER ROAD RECONSTRUCTION PROJECT —PHASES 1 &2:CDBG 2021. WHEREAS,on June 23,2021,three bids were opened for Bid #2021-12 for the Donner Road Reconstruction Project —Phases 1 &2:CDBG 2021;and WHEREAS,the low bid was from Jax Utilities Management,Inc.for a total amount of $2,759,668.21 (includes 10%contingency and Fence Option);and WHEREAS,Jax Utilities Management,Inc.included all required documents in their bid submittal;and WHEREAS,the project consists of furnishing all labor,equipment and materials for excavation, demolition,roadway stabilization and base construction,asphalt paving,drainage pipe,drainage structures,sidewalk,curb &gutter,fence,pavement markings,traffic signal loop construction,sanitary sewer construction,water line construction and force main construction along Donner Road;and WHEREAS,the Contractor will be given one hundred and eighty (180)days to complete Phase 1 of the project,and an additional one hundred and ??y (150)days to complete Phase 2 of the project; and WHEREAS,the funding will come from the following project accounts:PW2004 Donner Road Improvements ($2,323,617),PU2106 Donner Force Main ($187,000),PU2019 Donner Pipe/Manhole ($100,000),and PU2101 Water Main Upgrades ($149,051.21). NOW THEREFORE,be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1.The City Commission hereby awards Bid #2021-12 to Jax Utilities Management, Inc.in the amount of $2,759,668.21 for the Donner Road Reconstruction Project —Phases 1 &2:CDBG 2021 in accordance with the bid speci?cations;and SECTION 2.The City Commission hereby authorizes the City Manager to execute the Contract with J ax Utilities Management,Inc.;and SECTION 3.This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach,this 12th day of July,2021. Attest:Donna L.Bartle,City ClerkApprovedastoformandcorrectness:Brenna M.Durden,City Attorney Agenda Item #8C.12 Jul 2021Page 23 of 77 City nimlxntic Bath CDBG 2021-12 Donner Rd.Reconstruction -Plane:1 &1 Wednesdzy.June 23.202] Elm:312142 1:00 PM can,Inc J.n.Hlnsan company Jax Uulmas Ihnngemem Required Documents Suhmmlnn hl Tripllwl X X X Duculmsm Raqulnmems ct:-nzkna X X X we X X X Bid Form X X X Bld sand -5%ct hld X No X E Fm Wo?tplano X x X Puhlll:Emily Crimes smzmem X X x Puhllr:Records x X X E-Varbfy Form X X X New Vemiur Inflmnl?ul X X X Euslnzss Tax Receipt X X X Pruofof?xparlenee-Emir:0Vrs X?snotshovm X Oulllflnl?ons -General comrmms Luann X X X Financial:.2 years X X x Insurlllee X X X Retamnoes 4 x X X Con?mn?on M A?den?i X X X Sedlorl 3 Documents: A.Sectlon 3 RFP/BM Suhmlltll Form X X X 5.Section 3 Resident Pveiemnce Cllllll X NO X C.Tlhle A and Table 5 X X X D‘Samoa:Buslnes Appllcatwn Canl?ca?on Funn X X X E.Coll?l?of Interns:X NO X F.lath!of Infant X X X G.Sedion 3 Economic Dnpurlmmics Plan Mupemllx H)X X 11.U5!ofSlIhDI!n|I'I$vs Ind Shun Fnbrlmlnn X X X l.Yrlinilg In?Anwen?ccshln Memo X NO X Sub1ma|(ParlA—Phase 1)-cuss s1,naa,7s5.36 $1,474,354.82 $553425: Suhm?l (Pan A —Phase 2);Public Warts 595216935 51 ,3S$,74E,2G $805,200.55 Sub1L)h|jParl E -Phases 1 A 2)-Puhm-.Lnnmes ssa2,n:m.s4 s1‘uAo,a1:.ss s1.o1o,s8s.1z Grand Total oEAl]Pluses sL9n9“E Ssvgwvg?ss szsnzuz‘ "'JaX utlmlu Mnnlgemenldld nol lncludl the "aid Dptlorul"ln In louls.wmnhose umounu,melr Grand Total lor III 1!82.7§9,EGB,.2l Award ol?id based on Department Analysis and City Mavager and/at Cmnrm§inn Apprcml Agenda Item #8C.12 Jul 2021Page 24 of 77 iFmnerke a ?mm {_ 5*"Aspsha-11IPavamem1:=wi£h;Aspihai!ttE 5"Milkingand I?estmrf?antng, ‘“ . ‘‘"9., City of Atlantic Beach Bid 2921-12 Donner Road Recanstmction,Phases 1 &2 -CDBG 2?2l Bid Opening '06Y23/2021 ,9?0;00 ; 0 $00,000.00 $m0;000,00 ‘ E $41,‘sss;00 E .?ax Wtai?es MI TOTWLEOST ‘UNWCOST ‘=l‘0N'N.C0$T $442,750.00 §$3s,'29o.00 $35,290.00 $7,250.06 $7,250.00 §$Ll-6,,'113.‘D0‘$1s,113;o0 i 0 i $z9;970.<0o;$29;970.-0o : ;$72,600.00 5‘2;so000 $14;65cu00 smssnuao: “$43;sz0m0 ‘$1D;DOG.'DD $‘12k6,E79.‘0D : $45,3a&00 ; $243§$12,320.55 0 W-z5m062 *$m96~3°0 55:42.71 $25,310,134 ;$4350.00 *$17,400.00 0 3 $1'2;B39:r §$5,2:L0;00 '$.12,420:00 2$47,,’0DD.‘~’DD $52,375.00 9430599 $7,;s20;0o!$22,350,000 ; _.‘§$11,750:00 1 I ~$5,752.00 $123.15 $5,654.96 $33.00 :$4;04s;o0 : ,$353.00 I ' 0 é Agenda Item #8C.12 Jul 2021Page 25 of 77 $33.15 $7,604.35 $43.00 :szo,»11zoo sssnsf«s4s;a71;sa V $53.00 $43,~eo&oo E i&»Wbnn >'V7 f?cnuwsteimrfevemraywlJ?ibtnmaas g L s9.,47.2.5u I $6,“-154,25 $47330 ‘ $mos7s.oo ‘ $1,303.00 ;szgsmazoo ;15423250,$3,31oa3o »ss,~s2o.~o0 L _sssssd :‘ A ii EEs $1v‘°33vm-‘S5 %~“»1»*7*‘»95**«82E $9°°«‘°9*53 I ’=‘35r”‘°°°sss,2s«wo _ $M,:ssn.<eo ; ;$43»6-7-010°! E 5104000400 $4335 L $97,47s;ss ‘ ’_ ‘V ,zszws 3 $125399'73 $:rs3?,3s7.m $3"2°3‘3°s4u,ms:oo $333935 $68.00 f :$3°:45D=°° $23,442.30 $6v76°«"00 $33 H =.»$783130 szwsaou $141300 $ss,93s.=oo ‘:$m4a.<sn 1 $50.,-o24.*so T sewn ‘$zvo,:Lzs.«oo Agenda Item #8C.12 Jul 2021Page 26 of 77 $14650 : $145230 ; $05.50 : ‘$43,330.00 ; s32,s11;s0 ~ $2a,0395o $6,-'6DD.'D0 § $53.00 0 513523902” $53,923.10 $136500 $Z9,7774:64 *$ea.:00 3 Sztsssszoo % $43,777.30 ‘$43.00 j $77,707.00 $530525 5 $43.00 ‘$3L'8,0BEJ:B0 $63.00 ;.3,‘$11;931.'z0 0,.0 ....4 5l5r795«‘°° Cmnnretesi?ewdlk -wishmaenmzesm,. $115.40 : $347400 5 53551330 :s4s,3a1;ss i$'1,388.=0I3 g 5535 i $14,455.05 4 553°”i $47,932.00 $39500 $1,504.00 $5000 ,$13g?gé?o g $434 00. ! $4459 $s,~01As;00 .$5*"°“"5"’°1 $4,017.20 ; $5;0zs;00 ;$s,,02s.v00 0 $24,200,013 ‘$324.7'762.‘5B H ‘$51400 $44;931;00 .$93,957/.45 $49400 .KT$950095 % E $230.43 ; <$4s;ss4;00 $3,533.53 $5453 '$n.o7rs32.10 ! s10:L,=s1930 $1929 532/21430 0 51.752000 $m’S78'¥°°' $1,532.45 5m°?°9“'7°T $2,500.00? $29.30 540535.70 . $70,~sss.04 0 $35.00 .$59,472.00 0 H 5130-400 562890100 0 $346953 %$38-‘D0 J 1 $331.00 $3524.00 ‘$1,070.70 $42:a2;a0 3 $1,303.00 55,3300 g’.“.E.. Miler 4‘3a1\a,6’x20',;dhaém nrmw./mh . ; M"1P me(($12125?) ‘b bma:31'-9h0£Le-TE 46. "Gnavlmysewer zpiipellimeradk $400,197.20!)Agenda Item #8C.12 Jul 2021Page 27 of 77 cnmmm inning 5"nu: Renault:Dawn:5"wt 3"we Fan:mammy: .2“wu90 Dane Bend r was !D:gv'e£Bend 2"manna Joml Lanna:m Euslhug 2"an a"Gztevalvei?nx ‘'FMBypass mlamm an“mwanermau.we 11:“M1 45 Days:and nmmnu.exam;:19"um: Remove Lxlstrngm“wm beams:-aaaarnsvvhzasv-uuiaus Fluvabla FI|1~wm'mLer\E'/ snranum-ansn—sq u3m1IIssnc1(IIlS€)oFs|munL @ANDTI7TAl. s4,uznn sa.lzs.un $1.5tm.uu 553152 53584:: S9,4uu.un sauna selzsna s:s,17n,nn 53526;»: 55137590 Ssssn $1,175.an b $:|7s.na smssnn $l,93&un 517,65 $9,707.50 swan no u.E.&.8 3 E 15364, 56,461.un an 8 Ssxaunn swamus '»’~’.‘»’-'2:"’E3“E:‘ $34 was 3 $4,2nn.nD $15.1») $47.50 81. $1z.nn as as "22 s=8gEmE3E 55. $750.00 $27,955.00 ss,4su.an $153044» $s7s.nn $13 . $9,9mLIm $4,7.umD snsmnn snssmuu E $2n.1su.aa $22,72n.un su?mau sza E $ZB,08n.ou $5,5B0.m 59135133 Ju??li?ts GRAND TOTALS WITHOUT FENCE $2,383,002.15 $3,71D,9!5.63 $2,673,231.1l sauna Toms wnn FENCE $2,971,966.25 $3,905,335.96 $2,759,553.21 Agenda Item #8C.12 Jul 2021Page 28 of 77 CITY OF ATLANTIC BEACI-I CITY COMMISSION MEETING STAFF REPORT AGENDA ITEl\/I:O1'dinancc No.95~2l—-1 19 (Chapter 23 Protection ofT1‘ees an d Native Vegetation) SUBIVIITTED BY:Arnanda Askew,Director o'I’I’lanI-ling and Comlnunity T()I)AY’S DATE:June 29,2021 MEETING DATE:July 12,2021 BACKGROUND:The city has held over 35 public meetings spanning several y e ar s todiscussthe proposed changes to chapter 23 “Protection of Trees and Native Vegetation’’.lt has been reviewsince 2018,when starr and the Environmental stewardship committee (ESC)were directed to ~ evie w speci?citems including Vacant lots and waivers.'l‘l1r0LIgl1 fllrther review and discussions,several Inajor issue s wereidenti?ed with the cxis mg code including;.Existing code is confusing -Doeslvt adequately protect larger trees -$l0,000 threshold and two (2)year requirernents easy to abuse and dimcult to enrorce ESC and staff identi?ed additional Inajor changes which include: change which trees are considered regulated/protected increase the requ'd mitigation and create new mitigation “categories” Give credit For pi erving large hardwood trees Allow tree fund money to be spent on private property change the appeals/variance process Require one shade tree in rront yards Pallns cannot mitigate for hardwoods Iuooloo The ordinance was approved on ru-st read on June 2s"-with two amendments.The amendments ielu de changing the deimition or regulated ire which changed the size rroin six (6)inches to eight (8)inches 234;)and mitigation ratios ‘Found in section 23-33. Aft much discussion,commission voted to change the mitigation ratios to reneet a hybrid ratiosbetween ESC recommendations and starr recommendations.The chart helow shows the mitigation r a t i o s approvedon first read.Agenda Item #9A.12 Jul 2021Page 29 of 77 CLASSIFICATION OF PROPERTY/PROJ ECTS CATEGORY OF REGULA'I‘ED ‘FREE i Diameter at breast height (DBH)less than fourteen (14) inches Ratio is e,\‘p1‘e.vse<I (ts inches lwzlltovecll il7r:I1e.v awed D Ineter at breast hcigm (DBH)equal to or greater than fourteen (14)inches and less than thirty (30)inches Ratio ix e.\‘pl'eS.s'c(I as inc-hex rernoverl:int.-lies owed Dialneter at breast height (DBH)or thirty (30)inches or greater Ratio is arpressacl as inches retrieved: inches owecl Vacant lot‘ Developed 1011 'OJ R at io isexpI'e.s'. sed as ir tr : I1 es renroved .‘ inc/125 o w e d5 ‘-e.'.' Staff 1:0.5 Staff I 0.5 Staff 1:1 j ES n n "SC '.‘.'5 1.E S CExisting‘C-us ‘Ex:mTg‘T:—Cr.T .7’. Staff 1:0.5 1 :l E?e?flw N ew construction’ Exist-he ."ting -=I.1 S,tr .Steep ..~.5.47:1. ESC .5 ESC 1:3 E S C 14 Ex;lillg [T1 -1 ; .;i.,,.. r Plistoric corridor’ ESC 1 :2 pub|ic property Stan’l.l Sta-fr-rrzta S 1 - ar r i.» ESC 1:1.s ESC 1:3 E S C 1:4 Env_|_0m“ema”y §l"il‘li:Ib..55.;In:.5 ..J_ .A ; .;..b.. sensitive areas"‘ ESC 1 '4 ’Vacan!lot shall mean any property not previously developed with a structure of any kind or a property wh ere allstructures were removed more than twenty (20)years prior to the date of the tree removal application. ?Developed lot shall mean any parcel upon which any building,structure,pavement or storrnwater facility oris proposed but which does not fall under the delrnition of new construction or vacant lot. 3New construction shall mean the construction ofa new principal building.For the purposes or this chapter,thisde?nition does not include construction proposed on vacant lots.This de?nition shall include construction proposed o n lotsthathavean active permit for demolition of the principal building;lots where the principal building has been demolished bu t notbuilding permit for a new principal building has been issued,’and where trees are proposed to be removed or relocat ed inpreparation for demolition or development of a principal building. ‘Envilvnrrienlally sensitive areas shall include lands.waters or areas within the City of Atlantic Beach whic h meetoneor more or the following criteria:Agenda Item #9A.12 Jul 2021Page 30 of 77 (S) (b) (C) (G) (S) (0 Wetlands determined to be jurisdictional,and which are regulated by the Florida Departrnent orEnviro nment al Protection (FDEP),the (1.5.Any Corps of Engineers,or the St.Johns River Water Management District (SJRI/|/MD); (b)Estuaries or estuarine systems,- Outstanding Florida Waters as designated by the State of Florida and natural water bodies: Areas designated pursuant to the Federal coastal Barrier Resource Act (PL97—348),and tho se beachanddune areas seaward of the coastal construction control line: Areas designated as conservation on the future land use map,- Essential habitat to listed species as determined by approved methodologies of the Florida andVI/ildlife Conservation commission,the Department ofAgn‘cu/tuna and Consumer Services,the U.s.F is h andVI/ildlire Service,and the FDEP. 5His-toric corridor shall mean a tree lined roadway or portion thereof that exhibits special historic,architectural,orcultural value to the citizens of the city as declared by the city commission BUDGET: RECOIVIIVIENDATION: ATTACI-IIVIENT: LINK: None Review O1'dinance for second read Ordinance 95 -2 1 —1 19 Exhibit A (redline Cl’lCJI’IL’e'SI0 C'ha1)rel‘23} REVIEVVED BY CITY NIANAGER:%¢_(Agenda Item #9A.12 Jul 2021Page 31 of 77 ORDINANCE NO.95-21-119 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,ADOPTING A FULLY REVISED CHAPTER 23,PROTECTION OF TREES AND NATIVE VEGETATION,OF THE ATLANTIC BEACH CODE OF ORDINANCES,AS SET FORTH WITHIN ATTACHED EXHIBIT A,WHICH GENERALLY AND SPECIFICALLY REGULATES THE PROTECTION AND REMOVAL OF TREES AND VEGETATION WITHIN THE CITY OF ATLANTIC BEACH,FLORIDA;REPEALING THE ENTIRETY OF THE CURRENT CHAPTER 23, ADOPTED BY ORDINANCE NUMBER 95-09-98 AS AMENDED TO DATE;SAID NEWLY ADOPTED CHAPTER 23 CONTAINING THREE ARTICLES;ARTICLE I —IN GENERAL,PROVIDING FOR PURPOSE AND INTENT, ADOPTION AND AUTHORITY,PROVIDING FOR AMENDMENTS,AND STRENGTHENING THE MARITIME FOREST IMPORTANCE;ARTICLE II —LANGUAGE AND DEFINITIONS,PROVIDING FOR UPDATED DEFINITIONS;ARTICLE III —TREE AND VEGETATION REGULATIONS;PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;PROVIDING FOR APPLICABILITY;PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Atlantic Beach seeks to strengthen the Atlantic Beach tree canopy,and as a result the Commission ?nds that it is necessary to amend Chapter 23,Articles I,II and III of the Atlantic Beach Code of Ordinances;and WHEREAS,the physical,and economic well-being of the community depends in large part on the balance between reasonable regulation to protect the natural environment and the appropriate ?exibility to develop and use property in a reasonable manner;and WHEREAS,the trees and the natural environment are both environmentally and economically bene?cial in increasing property Values in both residential and commercial properties.Healthy trees of the right size and species,growing in the right places enhance the value of property and promote the stability of desirable neighborhoods;and toprotectionoflargertreeswhichprovidesignificanttree canopy around the city;andWHEREAS,the City Commission of the City of Atlantic Beach desires to have regulationsthatareclear,concise and streamlined;and Agenda Item #9A.12 Jul 2021Page 32 of 77 WHEREAS,after due notice and publication,the City Commission has conducted two (2) public hearings on June 28,2021 and July 12,2021 to receive public comments. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA: SECTION 1.Purpose and Intent.This Ordinance is enacted to carry out the purpose and intent of preserving and protecting the tree canopy,regulating the removal of trees and establishing required mitigation for tree removal. SECTION 2.Repeal of Current Chapter 23 and Adoption of the Protection of Trees and Natural Environment.Chapter 23,Protection of Trees and Native Vegetation,of the Code of Ordinances,adopted pursuant to Ordinance 95-09-98,as amended to date,is hereby repealed in its entirety and Chapter 23,Protection of Trees and Natural Environment,attached to this Ordinance and incorporated herein by reference as “Exhibit A”is hereby adopted as fully revised Chapter 23 to the City’s Code of Ordinances and consists of the following three (3) articles with new text indicated by underline and deleted text indicated by (a)ARTICLE 1 —IN GENERAL; (b)ARTICLE II ~LANGUAGE AND DEFINITIONS (0)ARTICLE III-TREE AND VEGETATION REGULATIONS SECTION 3.Con?ict.All ordinances,resolutions,official determinations or parts thereof previously adopted or entered by the City or any of its officials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 4.Codification and Scrivener’s Errors.The publisher of the City of Atlantic Beach’s Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporate Exhibit A attached hereto,the Protection of Trees and Natural Environment as Chapter 23 into the City’s Code of Ordinances.Sections of this Chapter may be renumbered or re-lettered and scrivener’s errors,formatting and typographical enors and other minor,inadvertent graphical errors in Chapter 23 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by filing a corrected or re-codified copy of same with the City Clerk.' of Atlantic Beach on or after the effective date hereof or ?led or initiated thereafter,providedthattreeremovalapplicationswhichhavebeenofficiallysubmittedtotheCityforpermittingpriortotheeffectivedatehereofshallbevestedandbecompletedunderthetermsofthesubjectpermitapplicationandtherepealedordinancesandprovisionstherein.SECTION 6.Severability.If any section,sentence,clause,or other provision of thisOrdinance,or any provision of Exhibit A attached hereto,Chapter 23,the Protection of Trees Agenda Item #9A.12 Jul 2021Page 33 of 77 and Natural Environment,shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections,sentences,clauses,or provisions of this Ordinance,or of Exhibit A,Chapter 23,the Protection of Trees and Natural Environment,which shall remain in full force and effect. SECTION 7.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on first reading and following a public hearing on this 28“‘day of June,2021. PASSED by the City Commission on second and ?nal reading and following a public hearing on this l2‘h day of July,2021. CITY OF ATLANTIC BEACH Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney Agenda Item #9A.12 Jul 2021Page 34 of 77 Exhibit A Chapter 23 -PROTECTION OF TREES AND THE NATURAL ENV|RONMENT Footnotes: ___(1)___ Editor's note—Section 2(Exh A)of Ord.No.95-O9-98,adopted Jan.12,2009,repealed forme r ch. 23,"Vegetation,"arts.l:V.§§23—15——23—’l7,23-19,23—20,23—22,23»25,23-35m23—4D.a n d 23-—4G —23—50,and enacted a new Ch.23 as set out herein.The former ch 23 pertained to tree prote ction ,accumulation of weeds,and historic tree preservation and derived frorn Ord.No,55v-82/I9,a d o p t e d March 22,1982:Ord.No.95»B9-44,adopted Jan 8.1990:Ord.No.95—95—64,adopted Feb.12,‘I996; Ord.No.95400-73,adopted March 27,2000,Ord.No.95—O2~79,adopted Oct.14,2002;Or d. No.5-03- 42.adopted July 14,2003;and Ord No.95—O7—92.adopted Feb.12,2007. Cross reference—-Streets,sidewalks and other public places.Ch.‘I9. ARTICLE I.-IN GENERAL Sec.23-1.-Purpose and intent. (a)Purpose.The provisions of this chapter are established for the purpose of enhancing,conser ving,restoring.protecting and preserving the natural environment,specifically related to tre es canopy stratified understog and native coastal dune vegetation that provide ecosystem qood andservices and cchbenefils for shade of critical areas stabilize soils sequester carbon improve air q u al it y reduce runoff and enhance progem values.Priority shall be given to the protection and of existing resources. The maritime forest encomnasses all of the trees within the City and Is an irltearal anduniquelv valuable part of the City.The marijirne forest creates beautv provides a home for wlldlif e functi ons as a critical element of the Water manaaemenl system and is confirmed to enhance progeny values. (b)Intent.The provisions of this chapter are intended: (1)To establish efficient and effective procedures,regulations and guidelines for t h e prot ecti on of the natural en ronment (2)To promote and sustain community values by providing for an aesthetically pleasing envir onme nt where a healthy ma me forest is maintained and regenerated. (3)To protect natural systems and avoid impairment.of their natural functions including theprovision of shade and cooling on lots and development parcels,sidewalks,streets and other pub lic places. (4)To provide protection for environmentally sensitive areas. (5)To ensure protection of healthy trees recodni ‘no that reoulated tree s thatarelost reduce the climate related resilience and overall economic value of the community andprovide for replacement and/or relocation of trees which are eeeeesarilyupermitted to be wnmmem as set forth herein. (5)Priority shall be qiven to the Drotectiorl and preservation of the exlstinq tree s andnatural environment, (Ord.No.95-09-98,§2(L~:xh.A),142709) sec.23~2.»Applicability.Agenda Item #9A.12 Jul 2021Page 35 of 77 Exhibit A All lands Within the City of Atlantic Beach shall be subject to the provi ions of this chapte r. (Ord.No.95-09-98,§2(Exh.A),1-12-09) Sec.23—3.A Relationship to land developrnerlt regulations and the comprehensive plan. Thl Chapter Contains specl Ic and detailed provisions intended to n'Iplernerlt the related polic ies as set forth in the comprehensive plan,as may be amended.The provisions of this chapter sh all be implemented in coordination with chapter 24.Land Development Regulations.of this Codeof ordinances,and in the case of any conflict between the two (2)chapters,the provisions est abl ish ing the higher standard shall prevail. (Ord.No.95-09-98,§2(Exl1.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 imple ment its Intent,or to irnplenient objectives and policies of the comprehensive plan.or othervvise enact upda tes as may be appropriate,Amendment to this chapter shall be made in accordance with the establi shedproceduresforamendinganyportionofthiscodeofordinances. (Ord.No.95-09-98,§2(Exh.A),1-12-09) Secs.23—5—23-7.-Reserved. ARTICLE II.-LANGUAGE AND DEFINITIONS Sec.23-8.4 Def‘'tions. For purposes of this chapter,the following terms shall have the meanings as set fonh this section,and where interpretation is required,shall be interpreted so as to give these terms t h e meanin gtheyhaveincommonusage,where applicable and appropriate to the context,definitions setforth within chapter 24,Land Development Regulations,or this Code of 0rd nances_state Building codes or within Florida statutes.as these may be amended,shall be used in conju nction with these terms and the requirements of this chapter. Administrator shall rnean the representative of the City as designated by the city manager tooversee administration of this chapter. .9 4., _ “_‘_.?ns .‘..i .Agenda Item #9A.12 Jul 2021Page 36 of 77 Exhibit A Adverse-Iy affected person shall mean a person who Is suffering or will suffer an adverse effecttoan interest Drotected or furthered by this Chapter.The allecled adverse effect may be shared i corn n' Ion with other members of the comrnunitv but must exceed in decree the general interest in corrlrriunit y good shared by all gerson in the community. A?er—!he—fact permit shall mean a permit issued after a violation has occurred for the purpose of correcting the violation (if the activity would have been permittabie)or for the pur pos e of bringing the violator into compliance with existing regulations. Appeal shall mean a request for the rehearing or review of a decision made pursuant any provision of this chapter. Applicant shall mean the person(s)subject to or seeking a tree or vegetation removal as required by the provisions of this chapter. Approval shall mean written permission in the form of a tree or vegetation removal perm it fromthe administrator pursuant to a duly executed application submitted on a form as provided by t h e city, authorizing the applicant to proceed with an ac on as proposed within the application.Such ap pr ov al may consist of limitations or cond ions specific to the project. Arboris!shall mean anv per on who is certified bv the International Society Of Arboricullu re HSA)as an arborist and a member in Good standinq of the ISA. Arborisl report shall mean a report that is sinned bv an arborist a defined above and th at ata m imurn clear!states the arborisfs name contact information and qualifications and iden tifie s thesite address and each Individual trge. Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by th e cityin section 23a35(b).This list shall be updated on an as needed basis. Atlantic Beach Recommended species List shall consist of species that are best adapted tothelocal ecosystem,which may provide the most desirable character s to the community.Replaceme nt credit may only be given for trees on the recommended species list in section 23-:-x3(r)(1)r. Buildable area shall mean the area of a site,parcel or lot,excluding any area which is eligiblefor the issuance of a building perrnit by the city,such as building setback areas.shoreline protect ion buffers, coastal construction setback areas,wetlands and other sirrlilar areas required pursuant to t appli cableprovisionsofthischapterandthelanddevelopmentregulations. caliper shall mean the diameter of a tree trunk measured at a point six (5)inches above theexisting grade or proposed grade for trees four (4)inches in trunk diameter or smaller,an d twel ve (12) inches above the existing grade or proposed planted grade for trees larger than four (4)inch es intrunk diameter.caliper measurement is used in reference to nursery stock for new plantings.For tr ee s h multiple trunks the sum of the caliper measurements of up to the four (4)largest trunks shall beused. Canopy shall rnean the horizontal extension of a tree's branches in all directions frorn trunk . ‘'-e.s=s City shall rnean the City of Atlantic Beach.Agenda Item #9A.12 Jul 2021Page 37 of 77 Exhibit A Clear (funk shall mean the height of a palm tree measured from the ground to the point wh ere the lowest green frond is attached to the trunk. coastal dune vegetation shall mean the natural|y—occurri g,sa|t—tolerarlt native species ofgrasses. shrubs,vines and trees that stabilize the dunes by holding ex g sand and that serve to the dunes of damage inflicted by either natural phenomena or human impact by trapping wind— bIown sand. Crown shall mean all portions of a tree.excluding the trunk and roots;specifically,the b r a n c h e s . leaves,flowers.and fruit that grow above ground. Desiansred rnsrttims species shall rrlean those species that are arnonu the rrlost valuabl e and desirable species in the Citv and Shall include the followinq sgeciesz Bald Cygres§§TaXcII:Iiurn dlstichurnl. Cedar (Juniperus siliciola)(Southern Red Cedar)J.virginiaba (Eastern Red Elrn (Ulmus alala)(Winged Elm)Ulrnus American ?oridana (Florida Elrn) Live Oak uercus vir inian . Hickorv (Carve Illinoensis)(Pecan)C.tornentosa (Mockernut)C qlabra (Piqnut Hickor v) . Loblollg bag 1Gordsnia lasienthus) Ma nora Ma nolla randiflor Southern nolia Ma nolia Vir iniana Swe etbaMagnolia) 8.Maples (Acer rubrurn (Red Maple)Acer Barbatum (Florida Maple) “F7’.°'P.“."’.-‘ 9.T elo ssa S lvatica 10.Plne (Loblollv)(ninus taeda)(Lonq—Ieaf)(Pinus palustris)(Pond)(Plnus Serotlna ) Developed area shall rnean that portion of a site upon which any building.structure.pa ve m en t, of‘ stormwater facility is placed. Developed Io!shall mean anv parcel upon which any buildinq structure pavement or facilitv e ists or is proposed but which does not fall under the definltion of new construction o r Vacan t iot. 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;salso iwelude mean the remova|of any regulated trees or vegetation . including without limitation that carried on in conjunction with a forest management program,andthe removal of regulated trees and vegetation incidental to the development of land or to the m ar ke tin g of land for development and shall also include acti ities defined as development with section ofthis code of ordinances. Diameter at breast height (DBH)shall mean the outside bark diameter of a tree measured ataheight of fifty—four (54)inches above the naturallyeeeumegeexlsting ground level.Trees with gross ab no r m al’ es or buttressing at the breast height should be measured above or immediately adjacent to th e irreg ulari ty. Trees that fork at or above breast height should be measured below breast height and record ed asa single trunk.For Ilrees that fork below breast height or for trees with multiple trunks the su m ofuptothe four (4)largest trunks shall be used . Diseased tree shall mean a tree with any fungal bacterial or viral infection that will res ult inthe death of the tree or has progressed to the point that treatment will not prevent the death of ttreeas determined bv the administrator forester or arborist .:::_5 -»_-A~4——:=...=--5--_:.-:'=-::--,yr-1-he Agenda Item #9A.12 Jul 2021Page 38 of 77 itA Dripllne shall mean the imaginary vertical plumb line that extends downward from the ofthe outermost tree branches and intersects with the ground. Ecosystem CIDOUS and services shall mean those qoods and services that Drovide for social cultural and economic needs and benefit all Ilvlnq orqanisms includincl plants animals and h uExamplesofecosystemqoodsincludecleanairandabundantfreshwater.Examples of eco svs ter n services include purification of air and Water maintenance of biodiversitv decornoosilion O f w a st e s soil and Vedetation qeneration and renewal pollination of crops and natural vegetation aroundwale r recharae throuqh wetlands seed dispersal Greenhouse as miti ation and aestheticall leasin a n ds ca es.The Droducts and processes of ecoloaical Qood and services are complex and occur over Iona n e ri o d s of lime and the Concern is that we are losiria them at an unsustainable rate. Environmental/V sensitive areas shall include lands Waters or areas within the City of Beach which rrleet one or more of the followinq criteria: (a)Wetlands determined to be iurlsdictional and which are requlated bv the Florida De par tm ent of Environmental Protection (FDEP)the U.S.Arrnv Corps of Enqineers or the St.Johns V\Iater Management District |SJRV\IN|D)‘ _(b|Estuaries or estuarine systems‘ (C)Outstarldind Florida VVaters as designated by the State Of Florida and natural Water bo di es ‘ (d)Areas desiarlated pursuant to the Federal Coastal Barrier Resource Act (PL97-348)andthose beach and dune areas seaward of the coastal construction control line‘ (e)Areas desldnated as conservation on the future land use map‘ (f)Essential habitat to listed snecies as determined DY apgroved methodologies QT the aFish and Wildlife Conservation Commission the Department of Aorioulture and consumer the U.S.Fish and Wildlife Service and the FDEP. Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be r e p l a c e d . Excavation shall mean the act of digging,cutting or scooping soil or in any way changing theexisting grade or the land.See "Grading"also. Excessive pruning shall mean the substantial alteration of a tree such that there i irrev ersibl eremovalandlordamageofmorethantwenty—five (25)percent or the natural shape or form atree. Exotic shall mean a plant species that was introduced to Florida,either purposefully or a c ci d e nt al ly . from a natural geographic range outside of Florida. Florida licensed landscape architect shall mean a nerson who holds a license to practice landsc apearchectureinthestateofFlgrlda. Grading shall mean the placement.removal or movement of earth by use of mechanical equi pme ntonaproperty.See "Excavation"also. Ground cover small means a plant material which reaches an average maximum height ornotmore than eighteen (13)inches at maturity. Grabbing means the effective removal or understory vegetation from a site which does no t include the removal of any trees with DBH greater than three (3)inches. Hardwood shall mean an angiosperm.a flowering tree or a broad—|eaved tree.as disting uished from a gymnosperm or cone—-bearing tree. Hazard or hazardous shall mean a danger or risk of bodily injury or property damage. Hsritaae tree shall mean anv desidnasgd maritime species that is thirtv (30)inches DB H orqreater and declared by the Ci 1 commission to be of uniuue or intrinsic Value due to its ace size sand/or cultural ecoloqical or historical siqnificance or sorrie other contribution to the cit '5 or a neiqh borho odscharacterandwhichIsinqoodcondionasdeterminedbyanarborisralsoanytreedesigna ted asa Florida State Champion United States Champion or VVOI'ld Champion bV the Arnerican For estr v Agenda Item #9A.12 Jul 2021Page 39 of 77 Exhibit A Association W h has been desiqnated to be a heritaue tree bv the cit commission.Heritaq e treesrnav be located Wit parks or other public oronertv.On private Dropert heritaqe trees must b e vol unt aril y nominated bv the propertv owner.The citv administrator shall keep a record of all heritacle tso designated and their location. Historic Corridor shall mean a tree lined roadwav or portion thereof that exhibits special hist oricarchitecturalorculturalvaluetothecitizensofthecitvasdeclaredbvtheCitycommission. Indigenous shall mean a plant species naturally occurring within a specific habitat or region prior to significant human impacts.see "Native"also. International Societv ofArboricuIlure (ISA)serves the tree care industry as a membership association and a credentialing organization that promotes the nrofessional practice of arbori cultur e. lSA focuses on research technologv and education to advance best tree care Dractices and d el i v e r educafonal publications services events and credentials that nrovide opportunities for tre e care professionals to develop their knowledqe skills and arboriculture expertise. invasive exotic plant shall mean an exotic plant species that has escaped cultivation, and established in a natural area allowing it to aggressively expand and reproduce on its o and subsequently,alter native plant communities by out—competing for resources such as light, water and space.killing native species,or otherwise adversely affecting natural ecosystems.invas iveexoticplantsarethoseplantsrecognizedontheFloridaNoxiousweedandinvasivePlantsLi st (F.A.C. 5B—57.0D7)or listed on the Atlantic Beach Prohibited species List. Landscape materials shall mean living materia ncluding trees.shrubs,vines,lawn gr as s. and ground cover;landscape water features;and nonliv rig durable material commonly used in l including rocks,pebbles,sand,and brick pavers,but excluding impervious surfaces ( pavement ).Legacy tree shall mean a tree that is a des qnated mad rrle species as def’ed in this G h a nt er and that is ten [101 inches DBH gr greater -A - V — - Maritime forest shall mean the collection of trees to include its canopv the understory andaround cover In and around the Citv including Dark and street trees on public propertv and trees o n priv ateproperty. Mitigation shall mean prorated payment for trees removed,either in terms of replacement trees (newly plantedaecelesated),relocated trees or Qreserved trees or alternatively.deposit o f acash equivalent value in the tree conservationasust fund Native shall mean a plant species occurring w‘thiri the city boundaries prior to European conta ctaccordingtothebestavailablescientificandhistoricaldocumentation.More specifically,it those species understood as indigenous,occurring in natural associations in habitats that existed pr io r to significant human impacts and alterations of the landscape. Naturalized exotic shall mean an exotic species that sustains itself outside cultivation. New Construction shall mean the construction of a new principal buil ind on a lot.For t h e Qurposes of this chapter this defirl tion does not include construction proposed on vacant lots.This shall include construction proposed on lots that have_an active permit for demo on of the principal building ;lots where the princinal bulldinq has been demolished but no building Derrnlt for a new princi pal buildno has been issued"and where trees are proposed to be removed or relocated in Dreoaration fdemol itionordevelogrnentofaQclgalbulding. Nondevelapmenl activity shall rnean any alteration of the natural environment which d o e s notrequire development plan approval or issuance of a bu rig permit,but which would include the pr o p o se d 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 veg etat ion . on public or private property which is endangering or which in any way may endanger the publi c healt h,Agenda Item #9A.12 Jul 2021Page 40 of 77 Exhibit A safety,security or usefulness of any public street,public utility line or sidewalk;also,any tre e, shrub ,bush,grass or ground cover,or other woody vegetation with an infectious disease or insect pr o bl e m . Offsile shall rnean any location outside the boundaries of the project site. Onsite shall rnean any location within the boundaries of the project site. Person shall rnean any landowner,lessee,consultant budding Contractor.developer o r ot he r entity,including agents,employees.independent contractors, persons,firms,associations.corporations,partnerships,joint ventures,estates,trusts,busine ss trusts, syndicates,fiduciaries,governmental bodies.agencies or officials. Pest shall mean any organism 'nsect,rodent,fungus,virus,bacteria,or other agent t h a t cause s any damage,abnormal growth or mortality of any tree,shrub.bush,grass or ground cover.or vegetation. Prune shall rrlean the removal of dead.dying.diseased,Weak or objectionable branches inorderto increase usefulness,beauty and vigor. Pruning standard shall rnearl the following:American National Standard Institute,Standar d forTree Care Operations—Tree,Shrub and Other Vvoody Plant Maintenance—Standard Practices A300, current edition);American National Standard Institute,Safety Standards for Tree Care Opera tors (ANSI Z1 33.1,current edition):National Arborisl Association Pruning Standards for Shade Trees edition), Qua""‘,.‘"oal—shau eae.a—pe wh ,.~V“, Regulated tree shall mean any tree as follows: (1)Private regulated tree shall mean any tree on private property,except those sp ec ie s listedon the Atlantic Beach Prohibited species List,meeting the following conditions: a.A DBH ofsi;(—e ht (ea) a~e(«~ (2)Public regu/ated tree shall mean any tree on public property,except those species listedonthe Atlantic Beach Prohibited Species LiSt; Regulated vegetation shall mean vegetation located within any area designated as an "environmentally sensitive area,"as defined by the city of Atlantic Beach comprehensive P l a n includi ng,but not limited to,all wetlands,all beach and dune areas seaward of the coastal construction cont rol line, and all areas designated as conservation on the future land use map Agenda Item #9A.12 Jul 2021Page 41 of 77 Exhibit A shade tree shall mean any self—supporting woody plant of a species that is generally well—branched,and well—foliated which normally grows to a minimum average height of at l e a s t thirty-ve (35)feel with a minimum average mature crown spread of at least thirty (30)feet,and which iscommo nlyacceptedbylocalhorticulturalandarboriculturalprofessionalsasaspecieswhichcanbeeto survive for at least fifteen (15)years in a healthy and vigorous growing condition over a wide rang e of environmental conditions. Shrub shall mean a self-supporting woody perennial plant differing frorn a perennial h er b byits persistent and woody stems and frorn a tree by its low stature and habit of branching from base. Site shall mean the total area within the property boundaries of a principal parcel to be de ve lo pe d, or contiguous parcels intended for development under a common scheme or plan. Stop Work order,as used in this chapter,shall rnean an order from the designated admi nistra tiveofficialtoIrnrrlediatelyhaltallVegetationandtreeremoval,any form of site or soil disturbance,orother 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 acc ess to abutting property,including but not limited to alley.avenue,drive,lane,place,road,street,tway, or other means of ingress or egress,regardless of the term used to describe it, Tidal marsh shall mean a marsh found a|oncLrl\/ers coasts and estuaries which floods an d drainsbv the tidaLrnovement of the adiacent estuarv sea or ocean. Tree shall mean any self»supporting woody or fibrous plant which at maturity attains a t r u n k DBHof at least three (3)inches or more and which normally attains an overall height of at least fifte en (15)feet, usually with one (1)main stem or trunk and many branches Trees shall be classified as foll ows ;(1)Large:Having an average mature height of fifty (sci)feet or more. (2)Medium:Having an average mature height of at least thirty (30)feet but less than fift y (50)feet. (3)small:Having an average mature height of at least fifteen (15)feet but less than t h ir t y (30)feet. Tree conservation sreeerund (tree fund)shall mean an account established by the city tprovi de an opportunity to make equivalent value cash payment to the city in lieu of providing the required landsc apeortreestockonasite. Tree proleclion plan shall mean the plan required pursuant to this chapter.'dentifying showing the location,type,size and health of existing trees,stating the ultimate disposition of the tre es, showin gthetype,size and location of any trees to be planted and setting forth measures to protect before, during and after construction, Tree protection zone shall mean the area located around the perimeter of the dripline atreein which no activity such as clearing,filling,excavating,storage of materials,parking of vehicles,orany other activity that in the opinion of the administrator may damage the tree.At the discretion o f the administrator,the tree protection zone may be reduced for trees located on smaller lots in 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 e a r t h or causes a tree to die including,but not limited to,changing the natural grade above or below theroot system or around the trunk or improper pruning where the natural form of the tree is permanent lychangedandresultsintreedeathordecline. Tree or vegetation removal permit shall mean the written authorization issued by the toproceed with vegetation or tree removal in accordance with the provisions of this chapter.which may incl udemitigationrequirementsandothertermsandconditionsasneededtocreateconsistencywi th this chapter.The terms permit,tree permit,vegetation removal permit or tree removal permit m ay heused interchangeably as appropriate to the context Tree technical manual (TTIV1)shall rnean a manual,developed and maintained by the pursuant to this chapter,which contains the standards and speci cations for sound arboricultural prac tices ,techniques and procedures to be practiced within the city,Agenda Item #9A.12 Jul 2021Page 42 of 77 Exhibit A Understory vegetation shall mean assemblages of natural low-level woody.herbaceous.andground cover species not normally considered to be trees which exist in the area below the canopy ofthetrees. including any tree that is less than three (3)inches DBH. Vacant lot shall rrlean any pronertv not Dreviouslv develoned with a structure of a?_V ki nd ora Drapery where all structures were removed more than twentv (20)vears prior to the date o f th etree/vegetation gernoval agglieation. Variance.A variance shall mean relief qrantecl from certain terms of this chapter.The granted shall be only to the extent as expresslv allowed bv this chapter and may pg either an allowabl e exemptio nfromcertainprovisior\(s)or a relaxation of the strict literal interpretation of certain provision(s).Anvrelief qranled shall be in accordance with the Drovisions as set forth in section 23-25 of this chapter andsuch relief ITISV be subject to conditions as set forth bv the Citv of Atlantic Beach. Vegetation shall mean any plant material including,but not limited to.trees,shrubs,vi ne s, herbsand grasses,'ncluding marsh grasses and any coastal dune vegetation. Vegetation inventory shall mean a scaled drawing which delineates the location and c o m m o n and/or scientific name of vegetation upon a parcel of land.including trees greater than three (3)in ch es DBHand palms with an overall height of more than eight (8)feet.If necessary,a survey or other profe ssion ally prepared document,certified as appropriate,may be required as part of the vegetation inven tory. Viable shall mean having the capacity to live and develop. Vveed shall mean any undesired,unculti ated plant that grows in profusion so as to cr ow d outa desired plant. (Ord.No.95~O9~98,§2(Exh.A),1v12~O9;Ord.No.95-15-109,§1,5»!1»15) Secs.23-9—23—10.A Reserved‘ ARTICLE III.—TREE AND VEGETATION REGULATIONS AND PERIVIITSIZI Footnotes: _..(2)W, Editor's notee Section 2(EXh.A)of Ord.No.95-1 0-1 01,adopted Feb.22.2010,amended artIIIinits entirely to read as herein set OLIL Former art lll.§§23-1 1—23—‘l6.23-21:23»2G.23-3072337.23410, 23-41,and 23—45——23a5’l pertained to similar subject matter,and derived from Ord.No.95 — O9 — 98 ( Exh . A), adopted Jan.12,2009. DIVISION 1.-IN GENERAL Sec.23-11.-scope.Agenda Item #9A.12 Jul 2021Page 43 of 77 Exhibit A The provisions of this chapter shall be administered as set forth within this chapter.aA dm strative procedures,authorities and responsibilities of the city commission and the administrator are setforth herein. (Ord.No.95407101,§2(I:Zxh.A),2-22-10) DIVISION 2.-ADIVIINISTRATION Sec.23-12.-City commission. The City commission shall have the following authorities and responsibilities: (1) (2) (3) (4) To establish fees and fines related to the administrative costs of carrying out th e requ ire men ts of this chapter. To establish a tree conservation trust fund to co ect and disburse monies for tpurposeof growing and maintaining the city's ma e forest To amend this chapter as may be needed to accomplish the stated purpose an d inten t orthis chapter. To hear and decide appeals where it is alleged there is an error in any order.r e q u i r e or decision made oy the adminietratoecommunity Develogrnenl Board in the implement ation ofthis chapter. (Ord.No.95—10—101,§2(Exh.A),2»22a10) Sec.23-13.—Administrator. The administrator shall have the following authorities and responsibilities: (1) (2) (3) (4) (5) (6) (7) (8) (9) To accomplish all administrative actions required by this chapter,including issuan ce ofproper notices;receipt and review of applications;issuance of tree and vegetation re m ov al permits; receipt and processing of appeals and any stop work orders. To rrlaintaln all records relating to this chapter and its adrninistration. To provide written instructions to applicants related to the required process for as required by this chapter. To receive,process and make administrative determinations on all applications fortreeand vegetation removal permits as set forth in section 23-23. To refer applications for tree and vegetation removal to other departments an d agen cies for comment.as set forth in section 2323,as may be needed. To conduct field inspections as needed to make determinations related to tree vegetatio nprotectionorremoval. To review preliminary development plans.applications for certain building permits,incl udin g site and lot plans with appropriate city staff,to determine whether proposed construction,alteratio ns,repair or enlargement of a structure is in compliance with the provisions of this cha pte r.To recommend to the city commission projects consistent with the purpose an d inten t ofthis chapter,with a written statement outlining the costs and benefits of such projects. To recommend to the City commission amendments Consistent with the implement ation ofthe purpose and intent of this chapter,with a written staternent outlining the need for changes. (Ord.No.9s—1o—1o1,§2(}£xh.A),2—22—l0)Agenda Item #9A.12 Jul 2021Page 44 of 77 Exhibit A Sec.23-14.—-Tree conservation t-Fasbfund. (E) (b) (0) (<1) (9) Establishment of smsetree fund.The city commi sion hereby recognizes and reaffi rms theprior establishment of the tree conservation u=etst—furld ('ree fund")for the purposes of a c c e p ti n g and disbursing monies paid to the city as part of tree m gation and any other funds deposited withthecity for the purpose of tree and vegetation conservation and protection.This fund shall be u s e d solelyfor the planting of trees,the protection and conservation of existing trees where appropriate,orthere- establishment of vegetative resources in the city and any other ancillary costs associated withsuch I ies_provided that such ancillary costs shall not exceed twenty (20)percent of tcostofthe particular proiect. Terms of existence.The tree fund shall be self—perpetuating from year to year unles s specific allyterminatedbythecitycommission. Tree fund assets.All funds received shall be placed in trust for and inure to the useand environmental benefit of the city.Said funds shall be used and distributed as designated bythecity cornr?ission. Tree fund administration. (1)Trustg funds shall be used only for the purposes designated by the city ssionin accordance with the intent of this chapter and the applicable goals.objectives and p ol ic ie s asset forth within the comprehensive plan. All mitigation funds collected pursuant to this chapter shall be deposited into the t r fund,which shall be a separate account established and maintained apart from the general fundof the city. Disbursal of tree fund assets. (1)Expenditures for projects funded by the tree sen fund shall be made inaccor dancewiththeestablishedpurchasingproceduresofthecity.The Environmental Stewa rdshigcommittee(ESC)shall review and make recommendations on the disbursal of t r e e fundassets to the city commission.The city commission shall have final approval on all di s b ur sa ls ofthe tree fund assets. (2) (2)Priority shall be given to the use of funds for projects that plant or replace trees orvegetati onalongpublicrights—of»way or on properties and lands in public use or on la n d s ownedby homeowners or property owners associations or on other private property provided thetreesare planted within the front yard setback areas or in the case of corner lots only th e requ ired side yard setback areas which adioin a public ridht-of—way that will provide needed s h a d e, aesthetic enhancement or the re-establishment of tree canopy in neighborhoods and alon g public roadways.For trees planted on private property the property owner shall be rfor maintaininci the health of the tree(s).Should the administrator become aware of a n y treedvinoor beino in a state of decline within three (3)years of beind planted the property shallbe required to replace the tree within sixty (60)days of that determination. secondarily,funds may be used for purchase of landscape materials or equipment nece ssar yandproperforthepreservation,maintenance,relocation or restoration of trees an d ecos yste msonanypubliclandinthecity,or for the funding of community educational programs which promote.enhance or implement the goals and objectives established in this chapter. (Ord.No.9S—10—lO1,§2(F.xh.A),2-22-10) Secs.23—15—23—20.—Reserved. DIVISION 3.-PERIVIITS sec.23-21.-Permits required by this chapter.Agenda Item #9A.12 Jul 2021Page 45 of 77 Exhibit A unless specifically exempted within following section 2322.permits are required for r e of regulated trees and vegetation on all lands within the city of Atlantic Beach.The permit regu ire men ts are not intended to restrict or adversely affect a Dronertv owner's hts under constitutional or law or otherwise preernpt applicable Florida Slalutes. ewiag (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.9S—15»109,§1,5-11-15) Sec.23—22.A Exemptions from the requirement for a perrnit. In addition to the provisions of Section 23-21 3-Fthe following activities shall be exempt f r o the requ'rements to apply for and receive a tree or vegetation removal permi The person(s)claiming any exemption shall have the burden of proving entitlement t exemption.The administrator may require consultation with or documentation from a oert tO verify certain conditions. (21) (32) (4§) (51) a@tee s u c h Emergency situation.The removal of trees destroyed or severely damage d duringor immediately following an emergency (i.e..hurricane,tropical storm.tornado,floo d oranyother act of nature)shall be granted an exemption when the administrator determines thatormI permitting requirements will hamper private or public work e ywh chwll COl'I'IQI’9f'I1lSe Qubhc safety. Safety hazard.The removal of trees that pose imminent danger to the public he alt h, safetyand general welfare shall be granted an exemption upon inspection and determina tion bythe administrator that immediate removal without delay is required. Diseased orpsst—Infested trees.The removal of diseased or pest—inrested trees begranted an exemption upon inspection and determination by the administrator a forester oranarborist that removal is needed for the purpose of preventing the spread or disease or pest s. Noxious invasive trees.The removal of invasive or nuisance trees,as currently listedbythe Florida Department of Agriculture and Consumer Services (FDACS),Florida D e p ar tr n er lt of Agenda Item #9A.12 Jul 2021Page 46 of 77 Exhibit A (5§) (31) (8) Environmental Protection (FDEP),the Florida Exotic Pest Plant Council (FEPPC),theAtlantic Beach Prohibited Species List.or some other recognized authority,shall be granted anexempti onuponinspectionandverificationbytheadministratoraforesteroranarborist. Utility operations.The pruning and/or removal of trees or understory vegeta tion byduly authorized communication,water,sewer.electrical or other utility companies or fe de ral , state, county or city agencies,or engineers or surveyors working under a contract suchutility companies or agencies,shall be exempt,provided the removal is limited to those a r e a s necessar yforthemaintenanceofexistinglinesorfa'ities or for the construction of new lines orfacilitiesin furtherance of providing utility service to its customers,and provided further that theavityis conducted so as to avoid unnecessary removal and.in the case of aerial electrical util ity lines,is not greater than that specified by the National Electrical safety Codes as necessary toachieve safe electrical clearances.Notwithstanding this exemption.any such entity shall pr ov ide adequate prior notice to the city before commencing such work. surveyors/engineers.The pruning of trees and/or removal or understory v e g e t a ti o n bya Florida icensed land surveyor or engineer in order to provide physical access or necessary to conduct a survey or site examination for the performance of professional duties rel at ed toland surveying,soil percolation and/or soil bore tests shall be exempt provided that su ch alterat ion is limited to a swath of ten (10)feet or less in width.Anv pruninq or removal of trees orvegetatio nshallbeasminimalasDossib|e at the direction of the administrator.However,an y landclearing for the purpose of surveys shall not authorize the removal of any regulated trees orregulated vegetation. City crews.The city shall have the right to plant,prune.maintain and remove tr e es , plantsand shrubs within public rights—of-way.within any utility or drainage easements orwithinthe illumination areas of street lights,and other public lands as may be necessary,shallnotbe subject to mitigation assessment.The city shall not have the responsibility to mai ntai n, pruneor remove any damaged,dead or diseased trees on any private property within the Applicable exemptions in accordance with Florida Statutes. (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.95-1 5—109,§1,5-1 1—15) sec.2323.-Permits procedures. (8)Application required.The applicant for a tree or vegetation removal permit shall submit testablis hedfeealongwiththeapplicationformascreatedandprovidedbythecitytothedesignatedad mi nis tra tiv e department.The application shall contain all required narrative and graphical information necessar ytodeterminecompliancewiththischapter.If the applicant is not the property owner,p r o p e r owner's authorization shall also be required. (1) (2) (3) Existing lots or parcels.when a tree or vegetation removal permit is required.cationsfor tree or vegetation removal shall be made prior to removal and prior to any site di st ur b a n c e or grading on a lot or parcel. New or re—pIatted subdivisions.Applications for tree or vegetation removal that bepartofa new subdivision plat or a reaplat shall be submitted along with the preliminary plat application so that due consideration may be given to the protection of regulat ed treesand regulated vegetation during the site planning and subdivision process.Trees to be pr ot ec te d shall be noted on the final subdivision plat,and subsequent applications for individual lot s orparcels shall be consistent with the approved final subdivision plat,or application for a ne w treeremoval permit shall be required. Afler—tht=.-—f'act permits.Any person(s)engaging in the removal of regulated tree(s)orregulated vegetation prior to obtaining a permit will be required to apply for and obtain af(er— the— fac(permit,and meet mitigat n requirements as assessed.Agenda Item #9A.12 Jul 2021Page 47 of 77 Exhibit A (D) (<3) (<1) (1)Union receipt of the annlication and apuropriate fee the adrninistrator shall conduct 8prelimin arvreviewwithinfive(5)business days to deterrnine that all required Information has been su b mi tte d and is suff ent for review pugposes.The applicant shall be no ed Of any defi ient items.sgbrnittal or deficient or rr‘lisSirICl information the administrator shall ac:review the application.therequested information has not been provided or is insufficient the apnllcanl shall be notified In w rl ti n q thatno further review Will be performed until the requested information is provided and found besufficient. (2)The adrninistrator Shall upload all tree permit applications to the c6tv's website within thr ee (3)days of beincl deemed sufficient in accordance with this section. (3)The ESC Tree Subcommittee mav review any permit anpl ation for compliance wi th thisChapter and may nrovide recommendations to the admi istrator reqardinq the Derrnit application. (4)One (1)member of lhe ESC Tree Subcommittee rnav accompany the administrator ontheI site spection as an observer.The subcommittee member must rnake the requestto theI site I snlection as an observer within threecc-3)business days of the Derrnit beinq ugloadgg totheC1S website.The subcommittee member shall not interact With the pronertv owner or the owners aqents durinu the site jnslaeclion and shall sta\Lin the vicinitv 07 the administrator durinq th e inspectio n.The subcommittee member shall be provided tvventv-four L24)hours‘notice prior to the ti r n e ofthesite inspection.If multiple requests are made bv subcommittee members to accompany th e ad min i trator on the initial site inspection the administrator shall selectthe first subcommittee member whosubmits a reguest in writing (5)The administrator rnav refer the application to other citv depar'tl:nenl(s)ESCTree Subcommittee or a consultant during prelirninarv review.The apgllcant shall be notifi ed ifextended review by other degartments andlor Qrofessionals is reguired. (5)However.—ae._n application shall be deemed abandoned thirty (ac)days after the dat e the administrator notf s the applicant of any deficiencies contained in the application if th e app lica nthasfailedtosubmitallofthedeficientormissinginformation.The administrator may,written request and justification by the app cant,grant not more than one (1)30-day extension.Althe expiration of the extension.the application shall automatically become null and void.i suc h cases the application review fees will not be reiunded. Review by other agencies.At the discretion of the administrator,relative to the en vi ro n m en tal sensitivity or the site,appropriate written sign-offs,permits or consents from the agencies listedbelow which have jurisdiction may be required prior to regulated tree or regulated vegetation rem oval from silos contiguous to or containing environmentally sensitive areas or lands.The applicant shallobtain ihe wrmen approvals gerrnlts or conssnts and submit the agencies‘writ ten verificati ontothecity: (1)Army Corp of Engineers (ACOE); (2)Saint Johns River Water Management District (SJRVVMD): (3)Florida Department of Environmental Proteclion (FDEP); (4)Any other applicable governmental agencies extending jurisdictional controls overthesite. Compliance review and approval ofapplicslions.When the adrn r\istrator's anplication r e v i e process and inspections have been completed the edm strator shall d tribute a notice of itoissuea Agenda Item #9A.12 Jul 2021Page 48 of 77 Exhibit A (6) (T) (9) (h) tree Derrnit to the applicant and all members of the ESC Tree Subcommittee includinq thealternate member and upload the draft permit to the cigfs Website.The permit shall be effective (5)business days after the notice of intent is distributed unless a timely aggeal is ?led. Expiraliorl ofpsrrnils.V —==--~-~ ' — ~:A a ,--- Vvork pursuant to the permit shall commence w thin months of the da te o or the permit Shall expire.If the tree removal perrnig is in connection with a developm ent Derrnit compliance w'th the tree removal permit shall he delerrrl ned before the applicable devel opm entperrn't's final inspection or issuance of Certificate Of Completion or Certificate Of as aggl able, Content ofpermils.The permit shall be issued in such form as may be prescribed by th e adm inist rato r and shall set forth in detail the conditions upon which the permit is granted and speci ficall y identify which land areas shall be cleared and/or which trees shall be perm tted to be removed.o n e (1)permit may cover several trees or groups of trees as long as the trees or groups of trees c a n beclearly identified thereon;provided,however,no permit may be issued for more than one ( 1 ) lot,parcelor area of land unless such lots,parcels or areas cl land shall be contiguous to on e anot her and considered as one (1)parcel for the purpose of development. Posting of permits.The permit shall be posted in a conspicuous and visible place at t h e frontofthe property by the applicant prior to any tree removal nm.The permitshallremain posted on the property during all apprcable tree and vegetation removal activity a n d untilfinal inspection by the city.it is the responsibility of the applicant to maintain the permit In cle arl y visible manner at all times. Arrlerldrnent or permits.Requests for minor changes to approved plans shall b e mad e asan amendment to the applicable perm Additional information submitted w h a request for permit amendment shall be ad eq uat e tofully document the nature of the proposed change and the effect ll.will have on all aspects r e g u l a t e d bythis chapter.All plans,reports,calculations,and other information affected by the proposed amend mentshallbeupdatedsoastomaintainanaccuraterecordofthedevelopmentactiity.Revie w timeforany Agenda Item #9A.12 Jul 2021Page 49 of 77 E><hi itA changes to plans approved for a perrnitted site shall be the sarne as specified for the ofanew application.An amendment to a perrnit shall not automatically extend the expiration da te. Substantial changes,including significant increases in the number of trees to be rernoved lan d tobe cleared,increases in irnpervious surface area,changes to intended land use,modification stor rnw atermanagementsystems,or any other change that const’utes a n"iajor modification to a site p l a n or subdivision,new phases of development or other addi ons,shall not be treated as amendments,butshall require a new perrnit application and fee. (i)Revocation of permits. (1)By administrator.The administrator may revoke any permit issued pursuant thischapter, following notice I writing to the permittee and after providing the permittee opportunity torespond to the notice,‘ither of the following circumstances: a.The administrator finds that the permittee has continued with any development activi ty ona site for which a permit was issued.while the site is under a stop work order w hi ch hasnot been reversed.canceled or suspended pursuant to this chapter.except forspecified remedial work required to pring the violation into compliance with the approved permit ; or b.If the administrator finds that the approval of the permit was based on incorrect informa tionfurnishedbytheapplicantforthepermit.Based upon such finding.ho we ve r, the administrator may rnake reasonably necessary accommodations to the condition s ofaperrnit in lieu of revoking it. (2)Discontinuance of work.Revocation of a perrnit rnay also result in a stop w or k orderin accordance with section 23—48. (Ord.No.95-10-101,§2(}:‘xh.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 pe conducted in conjunction with a ll deve lop men t act‘ities subject to the requirement for a tree or vegetation removal permit. (1)Initial inspection.The administrator shall conduct an initial inspection of the site toapproval of any applicat n. (2)Protective barricade inspection,A protective barricade inspection shall ensure pro per installer of measures prior to the initiation of any other development activity where required asacondition of the permit. (3)Final inspection and notice of compietiori,A final inspection and notice of completion shalloccur when all development activities permitted for the site have been completed.certif icate of occupancy shall be issued,nor any building or premises occupied.unless an d untilthe administrator has determined after final inspection that all work.including land clear ing, regulated tree or regulated vegetation removal,tree protection and tree replacement.has tiee n donein accordance with the approved permit and plan. (4)Maintenance inspeclions.The administrator shall have the authority during the re gu ire d three(31 year rnaintenance Qeriod to conduct on-site maintenance inspections subsequ ent tofinal inspection and notice of cornpletion.and to require correction of all deficiencies Violati ons in accordance with this chapter. (b)Site preparation.Prior to requesting initial and/or protective barricade inspection.the a p pl ic a nt shall prepare the site with proper staking and taping as necessary to allow the adrninistrator tolocateand identify the lot or parcel to be inspected:to determine the building site,to locate the prop osed buildings or other proposed structures or improvements that will disturb vegetation.and t ens ure clear understanding between the property owner,contractor,administrator and other inspect ors thatmay be involved.Agenda Item #9A.12 Jul 2021Page 50 of 77 Exhibit A (1) (2) The address or legal description of the property shall be displayed in a conspicuous manne r. The property corners shall be marked according to survey with wooden stakes.E a c h stakeshall be flagged with surveyor‘s tape or with bright colored paint.Any property crossed b y thecoastal construction control line shall have that line marked on the ground with conspicuo us wooden stakes and sun/eyor's tape or durable waterproof string and shall pe clearly labeled " CCC L".All trees to be preserved during development activities including vital root syst ems shallbe barricaded according to a tree protection plan consistent with the guidelines in the Protectio nGuideforBuildersandDevelopers,published by the Florida Division of Forestry a n d / o r anyother reasonable requirements deemed appropriate by the administrator to implement part. (3) (4) (5) All trees proposed for removal shall be identified with red or orange surveyor's ta pe orpaint. All trees proposed for protection as mitigation for removed trees shall be identi?ed withplueor green surveyor's tape or paint. (Ord.No.95-10-101,§2(Exh.A),2~22—10) sec.23425.—Appeals and variances. (3) (b) AQgeals.Appeals of linal decisions bv the Administrator underthe authority of this Chapter may be made by the applicant anv member of the ESC Tree or an adversely affected Dartv in accordance with the followina provisions.Any aggeal fil ed Qursuant to this section shall stay all work on the premises and all proceedinas in furtherance oftheaction aggealed unless the aggropriate administrative official ce fies that a stay would cause i m m in en t Qeril (1 )Anneals of a final action or decision bv the Administrator shall be filed Administrator within ?ve (5)business davs after rendition of the decision or final order anneale d. in Withthe Upon receipt of a timely filed appeal the Adrninlstrator shall Dlace the matter on the aq en da ofthe next ESC Tree Subcommittee rneeiina within a reasonable eri d of tirne with icnoticeas Well as due notice Lo interested parties.The ESC Tree Subcommittee shall review the ap pli ca tio n for compliance with the requirements of Chapte[23 and shall by ma'orit1 vote recom mend thatthe Administrator either aggrove agprove with conditions or denv the appeal.If the appellant isamember of the ESC Tree Subcommittee that member shall not participate in the decision.The Ad mi nist rat or shall i sue or denv the permit within five (5Lbusiness days after the ESC Tree Subcommitte e rneetinQ. va?ances.The comrnunitv Development Board is authon ed to orant rel ief fromthe strict application of this chapter where due to an exceptional situation adherence to treuulat ionsofthischapterresultsin“excentional practical difficulties or undue hardship"upon a owner. The communitv Development Board must deterrn e that drantinq the request notcause substantial detriment to the public oood and will not be inconsistent with the oeneral Inte nt andpurpose of this chapter.The app ant has the burden of proof.Anv request for a variance tothis 7 -'— ''-=.=-.=-.shallstayaliwo rkonthepremisesandallproceedingsnfurtheranceoftheacnappealed,unless t approp riateadministrativeofficialcertifiesthatastaywouldcauseimminentperiltolifeorproperty. (1)A request for a variance shall be submitted on an application form as Drovided by t h e citvandshall contain each of the following: a.A Ieqal description of the propertx for which the variance is requested. b.A reasonable statement describinc:the reasons and iustification for the variance. C.A survev or site plan indicating existing removed and/or proposed trees‘existlnq andproposed construction as well as other siclnificant features existing on the lot.Agenda Item #9A.12 Jul 2021Page 51 of 77 Exhibit A d.The siunature of the owner or the sianature of the owner's authorized aoent.Writt en and notarized authorization by the owner fgr the agent to arit on behalf of the prooertv ohallbe grovided with the agglicatlon. (2)Upon receipLof a complete and proper aggilcation the Administrator shall withi n areasona bleeriodoftimescheduletealioationforaublicheabeforetheCrmunitDevelnmentBoard following the reggred public notice a set forth in sec n 24-51.At the public hearinq_theapplicant me a ear in erson an Ior a bere resen ed an authorizeda en. a.Agptications for a variance shall be considered on a u:ase«bv~case basis and shal l beap grov egonlvupon?ndlriqs of fact that the apglication is consistent with‘the de?n ion of vari anc e and consistent with the provisions of this section. b.Variances shall not be qranted solelyjor the Dersonal comfort or convenience forrelieffrom financial clrcumstances or for relief from situations created by the oronertv owner. (3)Grounds for approval ofa van‘sn‘ce.The Gommunitv Develo ment Board shall find hate1-or rncire of the’following factors exist to suggort an aggllcatign for a variance: a.Existing mgggrabhic elevation chances that would result in theiikelihood that ar es er ve d or glgnged materials would not survive. b.Existingelectrical lines or utility easements that preventor restrict the preservation orplanting of landscape materials. C.Barrier island or dune ecosystem glantipg gonditions that cannot suggort certain h a r d sgecies. d.Designs and plans that to the qreatest extent feasible avoid encroachment unonpres erva tionareasand/or trees, In the eve I he Cprnrnu it velo rrlent Board ds that none of the above Xist the n the Community Develogggant Board shall geny the variance. (4)Apnroval ofa variance.To auorove an annlica on for a variance the corrlrnunltv d e v e l o p board shall ?rlcl that the request i in accordance Wlth the Drecedinq terms and pnovi nsofthis section and that the urantinu 6f the variance will be‘in harmonv with the Q’urgose and oft?'s Cha te .anti ‘a variance the cornmunit evelo rnent board ma rescribe a rate condi one in Conformance with and to maintain consistencv with citv Code,Violation suc hcondonswhenmadeaDartoftheterrnsunderwhich-the Variance is Iaranted hall deer ned a violation -of this chapter and shall be subiect to established code enforcement orocedure (5)Agproval of lesser variances.The community develbnrnent board.hall have the a u t h o ri t y to approve a lesser variance than requested if a lesser variance shall be more ambropriatelv inaccord with the terms and provisions of this action and with the purpose and intent of thi ch ab ter . 16)Nearby nanconformity.Nonconforrninq characteristics of nearbv lands structures buildi ngsshallnotbeqroundsforapprovalofavariance. (7)Wsiuna Dsriod for re«submittaI.Jj an application for a variance is denied by Lhe cor nrn uni tv develogrnentboardl no fugher action on another agplication for substantiallv the same req ues t on the same Dropertv shall-be accepted for three hundred sixtv-five (365)davs from the ofdenial. (8)Time period ('6 In-:p‘Ie-rnent Variance.Unless olhenlvise stipulated by the oomrnunitg d e v e l o g board the work to be performed pursuant to-a variance shall beqjn within tvvelve (12)from Agenda Item #9A.12 Jul 2021Page 52 of 77 Exhibit A the date Df approval of the variance.The lalanninq and cornrnunitv development director unon findinq of qgod cause rnav authorize a one-tirrle extension provided that an associated buil dinqgermisactive. (9)Agpeals of a decision by the Communitv Development Board related to this chapter rna v be made to the city commission by any adversely affected nerson(s)any officer board o r de par tm ent of the citv affected by an decision of the community development board made under the au th or itv of this chapter.Such anneal shall be filed in wrilinq with the city C|ed<Within thirtv (30)day s after rendition of the Final order requirement decision or deterrnination belna appealed.The app ella ntshallreehttotheCdsettlnforththatthedecnbn annealed is in confl t with or in violation of this chapter in whole or n part and sneclfv ngthe qrounds of the conflict or violation.A dulv noticed public hearinch which shall be de nov o willbeheld by the city commission at a date and time set bv the cilv manaqer or his/her desiqnee sh all be scheduled within ten (10)business days from the date the appeal Is filed. (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.5-17-64,§3,7-24-17) Sec.23-25.~Fees. (6) (b) (O) Ap fcation fees.The city commission hereby estab hes the following fees r e l a t e d tothe adm strative costs of carrying out the requirements of this chapter.These fees shall bepayableto the y upon suominal of an agglication forapproval, amendment,or extension of a permit required by this chapter,or for each reguired r e or when a final action or decision by the administrator is appealed.Applications for tree a n d vegetatio nremovalrelatedrequestsshallnotbeconsideredascompleteapplicationsuntilsucht i asrequired fees have been paid in full. (1)Tree and vegetation renioval permit application.The tree and vegetation permit application fee shall cover the processing and review of the application as well a s one(1)initial inspection,one (1)protective barricade inspection,one (1)final inspection andone(1) maintenance inspection per year.Any additional inspections required due to site preparation or reports of violation of the provisions of this chapter will be charged areins pecti on fee as provided below: a.Single-or two—ramily residential uses (per lot)...,,$125.00 a%sm cg.Multifamily residential uses .....25o.o0 ac.commercial or industrial uses _....250.oo 250.00eg.Institutional and any other uses (3;Extensions ...._5o.oo (4;)Appeals .....125.0o (4)variances....300 00 Reinspection fees,..50.00 Research or extensive time fees (per hour)......5o.oo (Ord.No.95-10-I01,§2(Exh.A),2-22-10;Ord.No.95-15-109,§1,5-11-15)Agenda Item #9A.12 Jul 2021Page 53 of 77 Exhibit A Secs.23~27e23-29.-Reserved, DIVISION 4.-GENERAL PROVISIONS Sec.23—30.-Minimum tree requirements. These n'\i mum tree requirements shall apply to all property.Credit will be given for trees on the Atlantic Beach Recommended Spe cies List, but none will be given for trees on the Atlantic Beach Prohibited Species List.Section 24-17 % ofthis Code of Ordinances also provides additional landscaping requirements for nonresid ential uses. (1) (2) (3) (4) Residential uses.For each parcel upon which a single—family,two—family or multif amily dwelling unit or associated residential accessory unit is proposed,or where the prim ary activityis res ential in nature: One (1)m nimum four»inch caliper tree shall be planted and/or preserved for every two thousand ive hundred (2,500)square feet of development parcel area or portion t excluding therefrom preserve areas and water bodies.of the minimum required atleast one (1)tree shall be a shade tree glanted-plrevideé or preserved within the required frontyard.A cluster of three (3)palm trees subiect to other conditions of this chapter ma be us ed tomeet the requirements of a sindle shade tree within required front yards on oceanfront l o t s orllv. Commercial uses.For each parcel upon which a commercial structure or associated accessor yuseisproposed,or where the primary activity is commercial in nature: One (1)minimum four—inch caliper tree shall be planted and/or preserved for every eigh tthousand(8,000)square feet of parcel area or portion thereof,excluding therefrom pres erveareasandwaterbodies. Industrial uses.For each parcel upon which an industrial structure or associated a c c es s or y use is proposed.or where the primary activity is industrial in nature: one (1)minimum fourainch caliper tree shall be planted and/or preserved for every tenthousand (10,000)square feet of parcel area or portion thereof.excluding therefrom preserve areasand water bodies. F‘LIbIidserni—pubIic (governmental or institutional)usss.For each parcel whicha government structure or associated accessory use is proposed,or where the pri ma ry activityis public/serni—public in nature: one (1)mi imurn fcur—inch caliper tree shall be planted and/or preserved for every tenthousand (1o.ooo)square feet of parcel area or portion thereof,excluding therefrom preserve areasand water podies. (Ox~d.No.95-10-101,§2(Exh.A),2-22-10) Sec.23-31.V General prohi itions. Except as provided in Sections 23v21 and 23-22 the followinq qeneral prohibitions shall be ap pli ca bl e. (3)Excessive or irnpraperpruning.it shall be unlawful for any person to engage in excessive orimproper pruning techniques on trees+=»teoded_sor_ehaee—perpeseewiaere-suernreesaare require d pursuan t to an approved tree protection plan.Trees intended for shade purposes shall be allowed toreachtheir mature canopy spread.—n %'gee¢aaw e 4 mm even-Ge Agenda Item #9A.12 Jul 2021Page 54 of 77 Exhibit A (b)Pruning or removai of city trees.It shall be unlawful for any person to trim,prune,or r anytree whi h is within the city's rights-of-way or upon any other city property without the permissio n ofthecity as evidenced by the appropriate permit. (C)Tree gofsoning girdling or spiking.It shall be unlawful for any nerson to subiect a tree toanydancer from poison or reactive material from qirdlind Wllh wire cable or rnaterial or rrom inserting metal or chemicals i_nto a tree diseased. (d)Attachments.it shall be unlawful for any Qersgn to attach anything including signs,nailsor spikes that may he injurious or cause damage,to a tree caliper.Exceptions are protective wires,braces or other devices used to support a tree. (fg)Uriaulhorized clearing of Iofs.It shall be unlawful for any Qerson to clear th e treesfrom any éeveleped lot such that the minimum requirements of Section 23-30 are not maintaine d. (Ord.No.95—10»101,§2(Exh.A),2—22—10) Sec.23-32.7 Tree protection during development and Construction. It is the intent of this Section that on all properties under development reqardless of whether ornotatree removal permit is required the Dronertv owner(s)and Lheir aaen?sl shall ensure that th e measures described in thi Section are Corrlolied with in Order to protect all requlaled trees that rnav impact ed bv the develogrnent ac ities. (a)Restrictions during consiruction. (1)Piacement of materials.machinery,or temporary soils.it shall be unlawful for a n y perso n(s) to cause or allow the storage of construction materials,the passing of or use of heavy equ ipm ent or machinery,or the temporary storage of soil deposits within the tree protection zoneofany regulated tree or group of trees to be Qresen/ed4e%a5Red. (2)Disposal of waste materiais.it shall be unlawful for any person(s)to cause or allo w thedisposal of waste materials such as paint,oil,solvents,asphalt,concrete,or mortar anyprivate property.Further eeany or these or other materials that may be harmful to the lif e ofaregulated tree may not be allowed to sit on or enter the soil within the tree protection zone ef — any — tree er greuoeoatreeseor where planting beds are to be situated. (b)Burden of tree protection on property owner.The property owrier(s)and their agent(s)shallensure that any tree shown on the vegetation inventory for which a tree removal permit has not be en obtained is to be protected.The property owner shall guarantee survival of presemed relocated and replacement trees for no less than three (3)years from the date the city accepts thetreesand landscaping as complete,unless a greater time period is required by a development order.Ifa Qreserved relocated F r replacement tree dies during that time period,the 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 i around every tree or group of trees to be preserved prior to commencement of construc ii . incompli ancewiththeguidelinesintheTreeProtectionGuideforBuildersandDevelopers,published bytheFlorida Division of Forestry and/or any other reasonable requirements deemed appropr iate bythe administrator to implement this part.Agenda Item #9A.12 Jul 2021Page 55 of 77 Exhibit A (1)Temporary protective barriers shall be placed at least six (6)feet from the base anytree,and shall encompass at least fifty (50)percent of the area under the dripline of any tree ortreestobe preserved or retained for mitigation credit.unless otherwise approved by the admin istrato r.(2)Temporary protective barriers shall be at least three (3)feet high,and shall eon istofeithera wood fence with lwo—by—four posts placed a maximum of eight (8)feet apart with atvl/o— by— four minimum top rail.or a mesh fence,or other sin1'|ar barrier which will limit access theprotected area unless otherwise approved by the administrator. (d)Adjacent propemas.The property owner(sj 9r—and their agent(s)shall ensure protective barricad ingofallregulatedtreeshacatedonadjacentproperties.that have root or branch systems tha t encroach upon the subject property.and that may potentially be impacted by development acti (Ord.No.95-10-101,§2(Exh.A),2-22-10) Sec.23—33.~l\/litigation to be assessed.Agenda Item #9A.12 Jul 2021Page 56 of 77 (3) (D) EASSIFICATIONOF Mitigation required.Replacement or relocation shall be the preferred methods of miti qati oLU nIes s mitigation in the form of payment into the tree consen/ation—t+=uet fund has been appr oved in accordance with section 23-37.mitigation in the form of tree replacement.relocation prese rvati onshallberequiredtooffsetanyimpactsresultingfromtheremovalofregulatedlreeslvgg gtatiol-l asa condition of the tree or vegetation rernoval permit.’= ' 'r ‘‘‘‘‘" 7 V.»-‘ II/liligsfion assessment.In general,mitigation shall be assessed according to the rati os giveninthe following table‘such that the number of inches removed first nurnberl are Qrogglgional tothenumber of ’uches required to be replaced,relocated or preserved (second number): TABLE 1.STANDARD MITIGATION ASSESSIVIENT CATEGORY OF REGULATED TREE PROPERTY(PROJECTS rn 7 eiSL Di;-eterat Diameter height (DBH)egual . _breast helght , at breast helght (0 0|’greater than _JDBHI Of thlftxnanlessthanfourteen1430inchesorLAfourteen(14)ches and less °5 inches than thirt so ELIE ’’'’”°‘’°‘ Lches Ratio is exgresseal gatio is exgressed _r e,_as Inches as Inches removed:Ratio IS exgressed _I n c h e s owed removed riches Inches awed as Inches removed:owed :ches awed 1:2—1—o.5 1:1esot5 1:21 1 :- 1 2 . 5T-10.57 1:141 1:2 1 : 3 7 1 :1;1 :2 1 :3 2:4 1 :1;1 :2 1 :3 3 e :4 wey,—easement-speece 'II ‘ “V # E"V'r°f‘menta ‘V 2—1—:1 :2 1:2 1 :3 3 + 1:4 SEI'1SItl\/e areas- Higtgric corridor§ '’ 2+1—1 2 W’ 1 :2 ’i 1 :3 A : V 1: 7 4 Agenda Item #9A.12 Jul 2021Page 57 of 77 Exhibit A Where a grooertv falls under the definition of a vacant lot and new construction the mitigation e uiremenls for a vacant lot a I a I ‘Vacant lot shall mean anv nropertv not orevlouslx developed with a structure of any kind o r aDrone nvwhereallstructureswereremovedmorethantvventv(20)years prior to the date of the tree r eggglication. ZDeve|oged lot §hall mean any garcel ugon which any buildlnq structure pavement or stornl water facility exists or is proposed but which does not fall under the definition of new construction or vacan t lot. ‘New con truction shall mean the construction of a new principal building.For the purposes 07this chapter this de?nition does not include construction I:-roposed on vacant lots.This de?nition shal l include construction proposed on lots that have an active permit for demolition of the principal buildin g’ lotswhere the principal building has been demolished but no buildinq nermit for a new principal buildinq hasbeen issued‘and where trees are proposed to be removed or relocated in preparation for demolitionor develo rrlent of rinci al bul din . 4Environrnentallv sensitive area shall include lands waters or areas within the City of Atlanti c Beach which meet one or more of the following criteri I (a)Vvetlands determined to be lurisdictional and which are redulated bv the Florida Dep artm entofEnvironmentalProtection(FDEP)the U.S.Army Corps of Engineers or the S t. Johns River Water Nlanaqemenl Qistrict (SJRVVIVIDT (b)jbl Estuaries or estuarine systems‘ (C)Outstanding Florida Waters as designated by ;_|]e State of Florida and natural godies‘ (d)Areas-desiqnaled pursuant to the Federal Coastal Barrier Resource Act (PL97— 348) and those beach and dune areas seaward of the coastal construction control line‘ (e)Areas ciesiqnated as conservation on the future land use map- (7)Essential habitat to listed species as deterrniried bv aoproved rnethodoloaies theFlorida Fish and VVild e Con ervaticln Commission the Department of Aaricultura and Co ns u m er Services the lJ.S.Fish and VVl_ldlife Service and the FDEP. 5Hi toric corridor shall mean a tree lined roadwav or portion thereof that exhi its special his tor icarchitecturalorculturalValuetothecitizensofthecityasdeclaredbvthecVIcommission. (:2)General conditions.Mitigation shall be in the form of preservation of existing tre es, successf ulrelocationofexisingtreesreplacementundasauthoriz edpgthischaptera V =.:_,.._,_s h al l occur wlthinthirty(30)days,or prior to issuance of a certificate of occupancy or other ?nal app rov al ifitisIn association with e ueveioprnent permit.—wmsr-*'-=-=3 ‘shecter,—un1 0 r—p 's‘pseweee.The applicant assumes all duties risks and costs with mitigation. (d)Tree preservation.Onlv resldentially zoned parcels that currentlv have an active buildin g nermitfora new rin i al buildln ma receive r servation credit in accordance with followin .For ea c h Eexistin onsite trees that ai=e—is a designated maritime species as defined in this chapter and t h a t isfourteen required for mu iqatuon shall be redlwed bytwentv?ve percent (25%)up to a maximum reduction of flftv ercent 50%or fort 40 Inc w hi ch ev er isess. For examble if one hundred (100)inches of rn cation is required and one twentv (20)inc h DBHlive oak tree preserved on-site the required rniliqat n would be reduced bv twentv five (25%)to seventy five (75)total inches of mitioation required.Agenda Item #9A.12 Jul 2021Page 58 of 77 Exhi itA (e)Tree relocation.Existing trees onsite that are three (3)inches DBH or greater that are rel oc ate d and that would otherwise be removed from the site because of development may be u zedascredit towards the assessed mitigation,subject to the other conditions stated in this sectio n. ifrelocated onsite. (0 Tree replacement. (1)Replacement qualitv and size.To help ensure that tnev urow to maturity q ui c kl v Nnew replacement trees shall be the sarrle quality of "Florida Number One",as definedinthernost current edition of the Grades and Standards for Nursery Plants,published b y theFlorida Department of Agriculture and Consumer Services.Division of Plant Industry. a.Oaks shall have a minimum four—inch caliper and (welve»foot height at tirne inst alla tio n. b.All other new replacement trees shall have a minimum tvvo-inch caliper and t e n - f o o t height at tirne of Installation. 0.Palms shall have a minimum clear trunk height of eight (8)feet at time of inst allat ion.(.1.New replacement shade trees shall be of a species typically yielding an mature crown spread of no less than thirty (30)feet in Northeast Florida and shall chos en from the Atlantic Beach Recommended species List$a .Upon approval of the administrator,alternate species not appearing on the recommend ed stmay be utilized,but in no case shall trees from the Atlantic Beach Proh'bited spe cie s List,also maintained and published by the city,be utilized for mitigation credit, e.in the event that a property cannot reasonably accommodate required mitigatio n onsite.the property owner can get replacement credit for planting trees on an immediat ely adjacent neighbor's property.For vacant lots only the property owner may det replacemen t creditfor plantind trees on any private property within one quarter (1/4)mile of the lot.This shall only be done as an alternative to payment into the tree fund when it can beproventhat a site cannot fit required replacement plantings.A signed letter from thethe Qjgogerty owner acceptino off-site rn tioation olantinds and maintenance oblid ation s shallbe attached with the tree permit application. f.Atlantic Beach Recommended Species List.Replacernent trees shall [be]sel ect ed fromthe following list.This list was Created based on hardiness,disease and p e s t resistanc e,availability,and size variance.No rn'ation credit will be approved for trees th at arenoton this list,unless approved by the administrator. CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST SHADE TREES icommonNarne ‘BotanicdiName Ash,Green Fraxinus pennsylvartica Xsh,water Fraxinus Caroliniana lBay,Loblolly lFcedar,Southern Red Gcrdonia Iasianthus cicola‘Juniperus Agenda Item #9A.12 Jul 2021Page 59 of 77 Exhibit A cypress,Bald Taxodiurn distichurn Cypress,Pond Taxodium ascendens E|n'1,American Ulmus americana Elm,Florida Ulrnus arnerican floridana E u+mas—pawi£eiia Hiékory,l\/Iockern ut Ca rya Tomentosa Hickory,Pecan Carya illinoensis Hickjary,Pignut Hickory,V\Iat7er Carya glabra Carya aquatica Loquat,Japanese P|um Eriobotrya japonica Magnolia,southe7n Magnolia grandiflora Magnolia,Swgetgay l\/Iagnolia Virginians l\/laple,Horida ixiiaéaiefned Oak,Live Acer barbatum Acer rubrurn Cluercus virginiana Oak,sh}-mam Red Oak,7SwarnprCheVs7iA1ut Quercus shumardii Quercus rnlchauxii Pine,Lob|<:>7ll\/7 Plné,Long—|eaF' us taeda Pinus palustris Pine Pond Agenda Item #9A.12 Jul 2021Page 60 of 77 Exhibit A Pinus elliottiiPine,Slash Sugarberry Celtis laevigata in Sweetgum W Liquidambar styraeifluaP = Sycamore Platanus occidentalis Tupelo Nyssa sylvatica V o...___...W _J PALM TREES _,.e_t_o.,_.____,__...,..__7 Common Name Botanical Name iPalm,Cabbage Palm,Canary island Date Sabal palmetto Phoenix canariensis Palm,Pindo ........__,.. Butia capitata Palm,Sylvester Date Palm Phoenix sylvestris Palm,Washington Washingtonia robusta UNDERSTORY OR ORNAMENTAL TREES rCommonName ElotanicalName *1 .E;E2}TEed""IJr?a”.§2?&ZC{E"g‘EB}§H;”““” iEfr{T,"?/v7Eg";l§”””"“”"QTn§E;"ai;E;” iiii WP“ TIc?ui§,“ZCrKe}?;;’r}Wllexo;§aZ2””'”iW””'i“”Agenda Item #9A.12 Jul 2021Page 61 of 77 Exhibit A Holly,Dahoon Holly,East Palatka llex attenuata llex cassine Holly,Vaupon Hex vomitoria Oak,lvlyrtle Quercus rnyrtifolia Oak,Sand Live Qu e rcus ge m inata Qleaader VPodocarpus,vew Podocarpus macrophyllus Ne Privet,Glossy Ligustrum lucidum ?rivet,Ja pa nese Ligustrurn japonicum Redbud Cercis Canadensls Wax Nlyrtle lvlyrica cerife re (2)Selection Criteria. a.New~AII oaks removed pursuant to a permit shall be mi oated with the pres erva tionrelegationorglantingofuseevteseelaeeremeveeloaksunlessgaymengistothetree fund in accordance wtlh section 23.37.Replacement credit for oaks shall b e limi ted tothe species of oak trees listed on the Atlan c Beach Recommended Species List.U p o n approval of the administrator,hardwood species yielding similar canopy may be u s e d tomitigate removed oaks. NewThe olantino or relocation of palms trees may only be used as $p|a mitigation for removed palms trees.neplaeemene ezeezteier..F E lg .H E:i ..., when a Designated Maritime Sgecies is removed,mitigation credit shall only be given for the planting Qreservation or relocation of a Desi aritime §speI:ieS ‘‘.This shall not be mited to the exact s a speciesr hen a Designaed aritlrn gels IS reoe.at least Ive(25) percent of mitigation Shall be provided on site in the form of replacement.credit Agenda Item #9A.12 Jul 2021Page 62 of 77 Exhibit A shall be granted for the use of Designated Ma me species replacing preteetedregulated trees that are not a De gnated Maritime speci es4e et.The incentive credit is equal to two (2)times the normal replacement credit.exampleif one ten (10)inch DBH southern rnaqnolia tree i removed anv treets)planted formltiqation credit must be one of the Desiqnaled Maritime species.However if one ten ( 10 ) inchpalm tree is removed any tree planted for mu a on credit that is a Desiqnated M ari ti me species wil receive doubie credit (i.e.one four (4)Inch caliper live oak will receive eig ht (3)inchesof m‘gatlon credit). (3)Placement Criteria. a.Avoidance of underground utilities.No trees except those with a normal m at u re heightof less than thirty (30)feet may be planted within five (5)linear feet of the ce nt er li ne ofany ty easement. Avoidance of aboveground utilities and public facilities.No trees may be plante d closerthan the fo lowing distances to any curbs,curb lines,s dewalks or aboveground thanthe following,xcept for plans demonstrating no conflict with existing aboveground utilitiesor public fac ties,and approved by the administrator: ‘I.SmaI|trees or palms with normal mature height of fifteen (15)to thirty (30 ) feetshall have a minimum setback of three (3)feet. 2.Medium trees or palms with normal mature height of thirty (30)to fifty ( 50 ) feetshall have a minimum setback of six (6)feet. 3.Large trees with normal mature height of fifty (50)feet or more shall h a v e aminimum setback of ten (1 0)feet. 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 u p o n approv al of the administrator: 1.Small trees or palms with normal mature height of fifteen (15)to thirty ( 3 0 ) feetshallbe spaced at least ten (1 0)feet. 2.Medium trees or palms with normal mature height of thirty (30)to fifty ( 5 0 ) feetshallbe spaced at least twenty (20)feet. 3.Large trees with normal mature height of fifty (50)feet or more shall be s p a c e d atleast thirty (30)feel.Agenda Item #9A.12 Jul 2021Page 63 of 77 Exhi itA 4.spacing of two (2)or more trees of differing sizes shall be based upo n thespacing requirements of the largest tree. (Ord.No.95-10-101,§2(Exh.A),2-22-10;Ord.No.95-15-109,§1,5-1 1-15) Sec.23-311.—Maintenance and monitoring requirements. The aapueaespropeny owner shall be responsible for maintaining the health of any pre ser vedrelocatedorreplacementtreesforthree(3)years from the date of the final ins pec tio p anprovind the work pianting.Failure to ensure the viability of the treeis)is a violation or this ch ap ter and subject to section 23-46. (1)Determination of success.The property owner shaI|analyze thecondition of each tree,three (3)years after the tree was preserved relocated or planted.This aeter msna tien analysis shall be submitted to the city for inspection and approval within thirty (30)day s ofbeing made. should any tree die or be in a state of decline within three (3)years of being preser vedrelocatedor ,theappiieaet property owner shall be required trepla ce the tree within sixty (60)days of that determination.The three-year monitoring and ap pr ov al period shall begin anew whenever a tree is replaced.if that replacement tree is found no t tobeviable at the end of the second monitoring period,theapptieant property owner may pay th eappropriateamountintothetreefundinlieuofplantingathirdreplacementtree.th property owner fails to replace the tree or to pay the appropr te amount into the fundwithin sixty (50)days,the appueaet property owner shall be in viola ion of this chapter. (2)Large—sca/e projects.if a permit includes the relocation of ten (10)or more trees,ortheplanting of one hundred (1 no)or more replacement trees,the determination of success fo r theoverall mitigation effort shall be based upon a percent survival rate.A successful project beone(1) in which ninety (90)percent or more of the newly planted or relocated trees are d et er m in e d tobe viable after a period of three (3)years.if a large-scale project is determined to b e suc ces sfu l on this basis,additional replacement trees will not be required.if this success rate notmetthen Section 23-34 11 shall aggly. (O1'd.No.9S-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 controland elirnination of non-native invasive species.To that end,the following guidelines shall (1)Planting of species on the Atlantic Beach Prohibited Species List shall not acce pted for mitigation credit. (2)Removal of nonnative invasive species from nonresidential properties (excluding juris dicti onalwetlands),shall be completed,whenever practicable,as a requirement for ofany development permit issued by the city or the issuance of a certificate of occupancy ifapplica ble. (3)Procedures for the control and elirninatlon of non—native invasive species shall in waypromote 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 nowayharm or cause the decline of desirable species that are to be preserved,planted or relo cate d.(b)Atlantic Beach Prohibited species List.The following species or sub-species of trees a r e notregulated eueteeteetrees under this chapter,and are exempt from mitigation.The trees on this li s t shallnotbe accepted for mitigation repiaeementeeeseiecatieecredit Agenda Item #9A.12 Jul 2021Page 64 of 77 Exhibit A Australian pine __......_...r_ casuarina cunninghamiana Australian pine thicket Bischofia casuarina glauca bischofiajavanica Brazilian pepper schinus terebinthifolius Camphor tree Carolina laurelcherry Ca rrotwood T_. cinnamomum camphora prunus caro/iniana cupaniopsis anacardioides Catclaw mimosa Castor bean ricinus communis V“‘“* “”m """‘ mimosa pigra Chinaiberrytree melia azedarach Chinese tallow Ehinesewisteria Climbing cassia Earleaf acacia Golden Raintree _W_.s_...,,,__&.._Q__,T_..._.,w___a__. sapium sebiferum wisteria sinensis senna pendula acacia auriculiformis koelreuteria paniculata psidium guayava Melaleuca tree G uava ”J.?{n'{63i§n‘W"W§§z“ym2:/”i7n3“2?E?E: """"M Laurel fig microcarpa A 1;§J{}2;§””””””””””” ""7éLEZB2;{/2L”£5ZéBFSiZ”“_w..._W me/aleuca quinquenervia Agenda Item #9A.12 Jul 2021Page 65 of 77 Exhibit A Mimosa tree albiziajuhfbrissin Orchid tree’7 bauhigio variegata W ‘WV schet?era ( schefflera actino?-hyllu Seaside mahoe thespesia populnea Shoebugon ardesia Varrdisiaelliptica 7 Tstrawberry guava psidiurrl cattleianurn woma l'l;Stongue Blbizig lebbeck (Ord.No.95-10-10],§2(Exh.A),2-22-10;Ord.No.95-15-109,§1,5-1 1-15) Sec.23-35.~E?mination of Contagious diseased and pest-infested trees. The natural and cultivated vegetative communities existing within the city shall be prote cted bythe control and elimination of trees afflicted with rapid-spreading contagious diseases and pests.upo nidentificationand/or confirmation of such infection or infestation by a certified arborist,the city shall give notice to the property owner to remove the afflicted tree.suc h tree removal shall be exempt from the permit application requirements.as set forth in section 23 - 22 . l=urther. mitigation shall not be required,provided however‘the subject property is in compliance wit h mini mumtreerequirements,as set forth in section 23-30. (Ord.No.95-10-10],§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 treeson Payment to the tree fund in lieu of replacement or relocation shall not be construed as a ro uti ne mitigat option.Rather,it shall be reserved for cases where the ability to replace or relocate trees o n s i t e restricted by circumstances related to feder I.state or local regulations and requirements but not limited to conflicts with rights-of-way,utilities,stormwater facilities,septic fields and envir onm ental ly sensitive areas.The value to be paid into the tree fund shall be established and adopted b ytheycommission,and payments to the tree fund may be approved in accordance with t h e follo wingprovisions: 11 F ''w9?d—H“"""'"’.If — e%Agenda Item #9A.12 Jul 2021Page 66 of 77 Exhibit A (21)r Applications for tree or vegetation permits for all uses and development replaceor relocate required rn tigation onsite,exc pt in cases where the administrator finds.uponthe above stated conditions,that onsite rn gation is not possible.Upon approval of a m it ig at io n plan by the administrator,a permit shall be issued by the administrator,and the remainin g balanceof the required mitigation shall be payable to the tree fund wum%ww gricr to permit issuance. (32)where payment in lieu of preservation relocation or replacement is appr ove d, as set forth in preceding subsections (1)or (2),the applicant shall pay the equivalent valueofthe portion not mitigatedslaetedeerelesated,to the city's tree fund.The approved m payment shall be payable to the tree ua fund ' —--_~-~.,pa man..9-“ad ,,,-...-.l..aFese;‘§eg .-9 pa,. — ed she.,9; , prior to permit issuance. (Ord.No.95-10401,§2(Exh.A),2—22»10) Secs.23-38—23v-39.—Reserved. DIVISION 5.- Sec.2340.-Applicab‘ AREAS OF SPECIAL CONCERN y. There exist within the city certain areas which contain trees or Vegetation of special Va lue and concern,or areas of such §lJbstarItia|greaesocial,cultural,historical,ecological,environmental or economic significance that they may warrant added measures of protection. (Ord.No.9S—10a10l,§2(F.xl-1.A),2-22-10) Sec.23-41.-Historic corridors and heritage trees. (3) (b) Designation.The city commission may by resolution designate historic corridors or indi vid ual heritage trees.In doing so,the city commission shall specifically identify those streets,or por o n s thereof,or trees.which shall be so designated.Trees tree droups or landscape aroups so desla nated maybe marked by signs or markers of a type to be determined by the city commission,Said si g n s ormarkers shall contain the words "Heritage Tree"or "Historic Preserve Corridor"and shall denot e thedateof designation and the hi toric significance of the tree tree qroup or landscape oroup.up on designat ionofcorridorsprofessionaltreesurvevsshallbeobtainedandplacedInthepublicrecord. As of Nla 2021 the onlv desiunated historic corridor is the public colonnade of palms i n thecityrial’!!- of-Wav on the east and west sides of both Ocean Boulevard and East Coast Drive fro m Atlantic Boulevard to Tenth Street. Criteria.In considering whether a tree shall be desiqnated as a heritaue tree the commi ssionrnavconsidertheintrinsicvalueofthetreeduetoitsaclesizespeciesand/or cultural ecol ogic al or I'll torical siqnificance or some other contribution to the c|tv‘s or a neiahborhootfs chara cter.In considering whether roadways or portions thereof shall be designated as historic cor rid ors, orwhen a Qrlvate property owner desires to protect a colonnade on private property the city c o may consider the following criteri (1)The presence of historically or culturally significant tree coverage or landscaping,asindividual plants or in groupings. umu+s@awanHme m$m§Agenda Item #9A.12 Jul 2021Page 67 of 77 Exhi (C) (d) (6) itA ‘toric or architectural structures with associated tr e e cover age or(32)The presence of significant landscaping. Requests from Drivate nronertv owners rnav be rnade for colonnades on their Inthe event that colonnades on Drivate Dropert are desLqnated as a historic corridor oraportion thereof it shall be the responsibility of the Drivate propertv owner to record a restrict ive covenant as is rlecessarv to make such desionation bindinq on subseqgent owners of their p r o p e rt y . Documentation.The administrator shall maintain a record of all historic corridor and heri tage tree designations eem and their location shall be reflected on city maps a s such. Mitigation.Mitigation required for the removal of designated heritage trees and trees wit hin designa tedhistoriccorridors,shall be at a higher rate than removal of nondesignated tree(s),specifi ed in section 23-33,as an extra rneasure to strong 31 encourage protection of such irreplaceable trees. Effect of historic corridor desiqnation.Trees colonnades and landscape areas alonq roa dwa vs or nonions thereof which have been designated as historic corridors shall not be darnaued mutila ted or removed from public or private Dronertv bv anv person or entity public or private withoutprio r approval of the clt commission except In the event of an ernerdencv Removal shall be p e r inthe follow Q con ons: (1)VVher1 safetv of the qeneral public or adiacent residents or Dronertv is threatened suchhistoric trees or (2;Removal is necessary for inciress to andlor eqress from the propertv or (3)Special circumstances exist such as necessity of handicap accessibility which r e q u ir e removal 2' (4)There is another sirnilar valid (3) leciitimate reason for removal. (Ord.No.9s—1o—1o1,§2a-:xh.A),2-22-10) Secs.23-42e23v45.—Reserved. DIVISION 5.—-VIOLATIONS,ENFORCEIVIENT AND PENALTIES Sec 23-45.-Violations. Violations bv any Derson of this chapter,including without limitation failure to make pro perapplicationforatreeorvegetationrernovalperrnitasrequiredbytheseprovisions,or failure toin'\ plernentanyrequirementsorconnsofatreeorVegetationrernovalpermit,shall be deemed a v i o l a ti o n ofthis chapter,and except as expressly provided in this chapter shall be subject to code enforcement procedures as set forth Within chapter 2,article V,division 2 of this Code of Ordinan ces and any other rernedies available under applicable law. Development activity.It shall be a violation of this chapter for any person(s)toengagein development or other activi y,which has the potential to damage,destroy or rem ove , orcause the destruction or removal of any tree or vegetation as regulated herein,without with all applicable provisions of this chapter. (1) (2)Compliance with approved permit.It shall be a violation of this chapter for any whohas obtained a permit from the city pursuant to the requirements or this chapter to fail tocompl y with the requirements of the approved permit and any conditions attached thereto. (3)compliance with general conditions orperm/t.The following minimum cond Ions sha ll applyto every permit issued pursuant to this chapter,and violation or or failure to comply wi th anysuch condition(s)shall be a violation of t is chapter;Agenda Item #9A.12 Jul 2021Page 68 of 77 Exhi itA a.Permit and plans onsifa.Approved permits and plans shall be available onsi te atalltin'les during development or tree removal activity. b.Responsible individual orlsite.VVhene\/er site work is Ongoing,there shall be indivi dual at the site who shall be responsible for the ongoing work and who shall have the fa rn ritywith the project to ensure work is proceeding according to approved plans.This isnot intended to require that a single individual remain onsite during all operations.onl y thatatall 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)isengaged in development activity on property located within the city or in accordance with per mit issued by the city pursuant to this chapter,or who has obtained title to property upon which su ch activities have taken place,to fail to comply with the minimum standards and maintenance req uire men ts set forth herein. (Ord.No.95-1 O—1 01,§2(Exh.A),2—22—10) Sec.23-47,-Notice of violation. whenever the administrator determines that a violation of this chapter has occurred,t h eadm‘ location of the violation and specifying that remedial action is necessary to bring the violation into compliance.The persor|(s)in violation shall immediately.conditions permitting,commence r e istrator shall immediately issue written notice to the person(s)in violation,identifying tnatureand action and shall have seven (7)Calendar days after the receipt of notice,or such longer tim e asrnaybe specified in the notice,to complete the remedial actions required to bring the violation into 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 tauthori ty 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 inconsis tent withthe approved permit; (2)Upon the failure of the permittee,or failure of the property owner if no permit e xi st s. totake immediate corrective action when there is aH—apparent danger to life or property; (3)whenever ongoing noncompliant work is not immediately and permanently stopped uponreceipt of a written or oral notice of violation; (4)Vvhenever protection measures have not been implemented or maintained dangerto regulated trees or regulated vegetation exists or may beappears imminent. (5)whenever remedial work required by notice of violation pursuant to subsection (a ) ofthissection 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 thathave resulted in issuance of the order.it shall also direct that all work be stopped other than su ch remedial work as is deemed necessary to bring the violation into compliance,or it may specify cessati on of specific work by functional nature.such as land clearing.regulated tree or regulate d vegetatio nremoval,grading.roadway construction,building erection or utility construction.The mayapply to the entire project or to geographical portions of the project that may be individually Agenda Item #9A.12 Jul 2021Page 69 of 77 Exh A (c)Failure to comply after notice of violation and slop work order.if the person(s)in failsto complete the required remedial action wi in the prescribed time,or continues any deve lop men t activity in violation of a stop work order,the administrator may initiate code enforce ment action pursuant to chapter 2,article v,division 2 of the Code of ordinances,or other remedies asauthorize dbylaw (Ord.No.95-10-101 ,§2(Exh.A),2—22—10;Ord.No.Sv19—68,§3,2-11-19) sec.23—49.—Requirement for emergency or immediate corrective action. where it is determined by the city that failure to maintain stormwater management facil ities, erosion, sediment or treeivegetation protection controls,or failure to conform to the provisions of t cha pte r or permit conditions,is resulting in danger or damage to life or property,the city may require corrective act on.Protection controls which are breached due to development activity,wind,rai n orother factors shall be repaired within twenty»four (24)hours of breach.Failure to take such immediat e corrective action when notified shall constitute a violation of this chapter.lf immediate corrective measu res arenot taken by the permittee or property owner and the conditions of the site are such that there dan ger or hardship to the public,the city may enter upon lands.take corrective actions,and place a l i onthereal property of such person(s)to recover the cost of the corrective measures.in addition,the a 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. Faiiure to complete remedial actions required to bring the violation into compliance wit h thischapter shall result in Code enforcement action pursuant to chapter 2.ar Ie V,division 2 of the Co de of Ordinances as well as other remedies available under applicable law. (Ord.No.95-10-10],§2(Exh.A),2—22»10) sec.23-51.—Penalties. (a)Generai provisions.Any person(s)violating a provision of this chapter shall be punishab le 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 sh all constit ute a separate offense. (4)Each acre or fraction thereof.of land cleared in violation of these regulations s h al l constit ute 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 th e land , building or premises where such violation exists b.Any person(s)who maintains any land,building or premises upon which a v i o l a ti o n 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 uatess—ane_untila.+—eqa +red_tree_er,,=»tat'I pen'n3Q—t‘h en—8ssu d,while any violation of this chapter exists onthesubject site.Agenda Item #9A.12 Jul 2021Page 70 of 77 ExhibitA (c)Injunction.Any affected person(s)may seek an injunction against any violation of the provisions of this chapter and recover from the violator such damages as he or she may suffer including,but not limited to,damage to property as a result of development or failure to maintain,in violation of the terms of this chapter. (d)Sanctions for failure to obtain a permit. (1)Regulated trees or regulated vegetation removed in violation of this chapter shall require an after- the-fact permit,the fee for which shall be two (2)times the normal established application fee specified in section 23-26.In addition,as a condition of the permit,the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties. (2)Regulated trees removed in violation of this chapter shall be assessed at two (2)times the normal established rate of mitigation specified in section 23-33. (3)If a lot,parcel,site or portion thereof,has been cleared such that the administrator is unable to determine with reasonable certainty the number and size of regulated trees and/or regulated vegetation removed in violation of this chapter,analysis of aerial photography or other such accepted scientific methodology shall be used to make a determination as to the loss of canopy and/or land cover for the purpose of assessing mitigation.A civil fine of five dollars ($5.00)per square foot of canopy or land cover lost shall be assessed by the administrator,and shall be payable to the tree fund within seven (7)days of such assessment.No further work or development shall proceed until the city is in receipt of any such assessed fine. (4)Any person(s)exhibiting a documented history of chronic or repeated violations of this chapter shall,upon third offense,be reported to the Florida Department of Business and Professional Regulation,as well as any other authority governing licensing,registration or certification of individuals or businesses. (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—|ntent. 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 lntracoastal 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 (1)To study and make recommendations to the city commission and city staff with respect tothecity's:a.Maritime forest;b Parks and open spaces;c.Beautification of public and private spaces;anddEnvironmentalstewardship.Agenda Item #9A.12 Jul 2021Page 71 of 77 Exhibit A (b) (2)To act as a motivating and coordinating body to encourage joint public and private participation in promoting these purposes. 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) 8. (2) 8. (3) 8. (4)8. Maritime forest: Clarifying and strengthening the city's processes and all tree and landscape related city codes and ordinances; Monitoring the appropriate administration and enforcement of the city's ordinances; Promoting transparency through online access to relevant information; Developing and maintaining environmental education and outreach programs about the maritime forest and relevant codes; Promoting appropriate planting and care of trees on private property to owners, developers,builders,and tree/landscape service contractors; Developing and maintaining a long—termtree 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; Promoting tree canopy advocacy including upholding the city's status as a bona fide "Tree City USA"; Developing a process for systematic,review of the city's enforcement of the existing tree codes,including the long—termhealth of trees planted for mitigation;and Developing and maintaining a process for citizens to communicate possible violations to the city. Parks and open spaces: Developing and maintaining a long—range plan to protect,improve and beautify park spaces; improving access to and amenities for parks including disability accommodations,bike paths,parking,signage and other user friendly features; Expanding the city's inventory of parks and conservation land through acquisition or other means;and Maintaining a web—based,publicly accessible inventory of parks including their history, archeological value,rules of use,deed restrictions and conservation easements. Beautification of public and private spaces: Enhancing public spaces,including public rights—of—way,roadsides,city buildings, beach accesses and other publicly held properties with art,carefully maintained lncentivizing and advocating for beautification of private and commercialReducingthenumberandappearanceofdegradedorblightedproperties;andDevelopingadesigntheme/community branding for signage,bus shelters,lighting andotherelementsofthebuiltenvironment.Environmental stewardship:Utilizing best practices,including a science based approach,when making any decisionaboutdevelopmentanditsimpactonourenvironment;Agenda Item #9A.12 Jul 2021Page 72 of 77 Exhibit A (C) (1) (2) (3) l Member Representation b.Protecting the beach,dunes,marshlands and wetlands as critical defenses inhurricane, erosion and flooding cond ons; c.communicating the dynamics of tidal drainage and floodplain with the goa l ofpreservi ngthecity's flood management system; d.Reviewing the city's environmental codes and ensuring enforcement of r u l e s including, but not limited to.dumping,septic tanks and commercial pollution;and e.Reviewing,updating and maintaining the Marsh I\/laster Plan for adherenc e tocurrent research about sea level change and wetlands preservation. Membership,terms,appointments,geographic requirements,composition. Membership.The environmental stewardship committee shall be composed ofeleven(11) members.one half of the ed seats ''- of the shall constitute a quorum.No member of the committee shall hold any other officein violation of Article II.section 5(a),Florida constitution. Terms.Following the expiration of the terms of office of the inaugural board me mbe rs, all members shall serve three—year terms.Members shall not serve more t h a n three(3) consecutive terms on the committee.All terms shall expire on December 3 1 oftheproper year.provided,however.that members whose terms expire shall continue toserveuntil replacement appointments are effective.Any committee member who wi sh es toresign should submit a letter of resignation to the chairman and city clerk.Any vacan cy duringthe unexpired term of an appointed member shall be filled for the remainder of t h e term.Should the length of the unexpired term be less than one (1)year.then such appointm ent shallnot count towards the maximum number of consecutive terms. Appointments.Except for the inaugural committee members,committee me mb ers shallbe selected by the board member review committee and shall be confirmed by t h e com missi on.The commission shall Select the inaugural l:CIn1rnittee members as follows: Appointed By At large FDTst:ict1308rssilfe ntr lAtlarge 1District 1306 resident 7 ivi7ayor(3 fears) At large W 7 ’ Mayor (4 years) W At large 7 lvlaypr(3 years)’t 7 L T[District1307resident seat 2 commissioner (3 years) seat 2 commissioner (4 years) Seat 3 commissioner (3 years) Seat 3 commissioner (4 years) seat 4 commissioner (3 years)Agenda Item #9A.12 Jul 2021Page 73 of 77 Exhibit A At large At large District 1312 resident ‘Seat4commissioner (4 years) = Seat 5 commissioner (3 years) Seat 5 commissioner (4 years) I (d) (4) (5) 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. Composition.To the extent possible,committee members should demonstrate at least one (1)of the following skills,experience,expertise,educational background or interests: Knowledge of best practices in environmental management and sustainability; Land development and building construction; a b 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. Organization. (1) (2) (3) (5) 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. The chair shall preside at all meetings of the committee.The vice chair shall preside if the chair is absent. 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 amend,and rescind procedural rules of the committee to aid in implementing the provisionsofthissection.All reports,studies,and recommendations made by the committee shall beapprovedbythecommitteebeforethesamemaybepresentedtothecitycommissionorcitymanageronbehalfofthecommittee.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 itdeemsnecessarytoperformitsactivities.Subcommittees shall report on their progress tothecommitteeatsuchtimesasthecommitteeshallrequire.Allcommittee and subcommittee Agenda Item #9A.12 Jul 2021Page 74 of 77 (9) (F) meetings shall be open to the public and are subject to Florida's Government theSunshine Laws. (6)The cornmittee‘s recording clerk shall keep minutes of the proceedings,sh ow in g thevote of each member upon each question,or,if absent or failing to vote,indicating su ch fact,and shall keep records of its examinations and other official actions.ell of shallbe immediately filed in the office of the city clerk and shall become a public record . Removal of members.Any member on the committee may be removed for cau se bythecity commission upon written charges and after public hearing.Any member who fails t o attendthree (3)consecutive meetings without prior notice to the director of planning commu nitydevelopmentorhis/her designee and without reasonable cause shall have his declared vacant by the committee.The vacancy shall be promptly reported to the city cler k andfilledby the city commission. Establishment of tree subcommittee,membership,terms. (1)There is hereby established a tree subcommittee of the environmental stewar dshipcommittee,rererred to in this subsection as the subcommittee.The subco mmitte e shall systematically review tree permits submitted to the city for completeness an d todetermin ecompliancewiththeprovisionsofthischapter23asmoreparticularlyde scr ib ed inthis subsection.The subcommittee shall consist of three (3)members and on e (1)alternate member.The alternate shall serve in the case of the absence of any thethree(3) members.The members of the environmental stewardship committee ma y volun teer to serve on the subcommittee and shall be appointed to the subcommittee by the en vi ro n m en tal stewardship committee.All of the members of the subcommittee shall be ofthe environmental stewardship committee.The environmental stewardship c o 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 en vi ro n m en tal stewardship committee after a seat on the subcommittee has become vacated.Mem bers of the subcommittee may serve for as long as they serve on the environmental stewar dshipcommittee. (2)organization of tree subcommittee. a.The environrnental stewardship committee shall establish a regular me etin g schedule of the tree subcommittee.Unless othervvise deterrnined,the sL.Ibcor'nrnittee's meetings shall meet on the sarrle date as the environmental stewardship committee. b.The administrator or designee shall attend all meetings of the subcommittee.Acitystaff member designated by the city manager shall act as clerk for the subco mmitt ee. The clerk shall be responsible for the Clerical adrninistration of the subcorrlrnittee.Theclerk shall also be responsible for the rrlainterlance and preservation of all re co rd s ofthe subcommittee in coordination with the city clerk's office. c.The subcommittee shall utilize the rules of the environmental stewardship commit tee.Robert's Rules of order shall be followed to conduct meetings All mee ting s shallbe 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 indicating such facts.it shall keep records of its examinations and other official action s, allorwhich shall be promptly filed with the city clerk's ofrice and shall become publ ic record.The subcommittee will operate in compliance with Florida's Government theSunshine Laws. (§ rmd pp d m%$e?ew l —m4ha—A |ow iew—mH appeaky "‘esshau "'‘B4539-exel ,.."he—GKy—ef Bea6&Agenda Item #9A.12 Jul 2021Page 75 of 77 Exhibit A Agenda Item #9A.12 Jul 2021Page 76 of 77 Exhlblt A (Ord.No.5-17-64,§1,7-24-17;Ord.No.5-18-67,§§1T3,1-14-19) Secs.23-53—23-60.—Reserved.Agenda Item #9A.12 Jul 2021Page 77 of 77