Ordinance No. 95-21-119ORDINANCE 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 finds 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 flexibility to develop and use property in a reasonable manner; and
WHEREAS, the trees and the natural environment are both environmentally and
economically beneficial 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
WHEREAS, it is the intent where possible to incentivize the preservation of trees and the
protection of larger trees which provide significant tree canopy around the city; and
WHEREAS,the City Commission of the City of Atlantic Beach desires to have regulations
that are clear, concise and streamlined; and
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 strilcethfettgli.
a) ARTICLE 1 —IN GENERAL;
b) ARTICLE II—LANGUAGE AND DEFINITIONS
c) ARTICLE III- TREE AND VEGETATION REGULATIONS
SECTION 3. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict 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 errors 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.
SECTION 5. Applicability. The provisions of new Chapter 23 set forth in Exhibit A hereto
shall apply to all applications,decisions or controversies submitted to or pending before the City
of Atlantic Beach on or after the effective date hereof or filed or initiated thereafter, provided
that tree removal applications which have been officially submitted to the City for permitting
prior to the effective date hereof shall be vested and be completed under the terms of the subject
permit application and the repealed ordinances and provisions therein.
SECTION 6. Severability. If any section, sentence, clause, or other provision of this
Ordinance, or any provision of Exhibit A attached hereto, Chapter 23, the Protection of Trees
Page 2 of 3 Ordinance No. 95-21-119
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 final reading and approval.
PASSED by the City Commission on first reading and following a public hearing on this
28th day of June, 2021.
PASSED by the City Commission on second and final reading and following a public
hearing on this 12th day of July, 2021.
CITY OF ATLANTIC BEACH
llen Glasser, Mayor
Attest:
t96/14'La- VA(Alit&
Donna L. Bartle, City Clerk
Approved as to form and correctness:
II.,
iti_____
B'enn. M. D ity Attorney
Page 3 of 3 Ordinance No. 95-21-119
Exhibit A
Chapter 23 - PROTECTION OF TREES AND THE NATURAL ENVIRONMENTNATIVE VEGETATIONF1I
Footnotes:
1) ---
Editor's note— Section 2(Exh. A) of Ord. No. 95-09- 98, adopted Jan. 12, 2009, repealed the former ch.
23. "Vegetation," arts. I—V, §§ 23-15-23-17, 23-19, 23-20, 23-22, 23-25, 23-36-23-40, and 23-46-
23-50, and enacted a new ch. 23 as set out herein. The former ch. 23 pertained to tree protection,
accumulation of weeds, and historic tree preservation and derived from Ord. No. 55- 82-19, adopted
March 22, 1982: Ord. No. 95- 89-44, adopted Jan. 8, 1990; Ord. No. 95-95-64, adopted Feb. 12, 1996;
Ord. No. 95- 00- 73, adopted March 27, 2000; Ord. No. 95- 02-79, adopted Oct. 14, 2002; Ord. No. 5-03-
42, adopted July 14, 2003; and Ord. No. 95-07-92, adopted Feb. 12, 2007.
Cross reference— Streets, sidewalks and other public places, Ch. 19.
ARTICLE I. - IN GENERAL
Sec. 23-1. - Purpose and intent.
a) Purpose. The provisions of this chapter are established for the purpose of enhancing, conserving,
restoring, protecting and preserving the natural environment, specifically related to trees canopy,
stratified understory and native coastal dune vegetation that provide ecosystem good and services
and co-benefits for shade of critical areas, stabilize soils, sequester carbon, improve air quality, reduce
runoff and enhance property values. Priority shall be given to the protection and preservation of
existing resources.
The maritime forest encompasses all of the trees within the City and is an integral and uniquely
valuable part of the City. The maritime forest creates beauty, provides a home for wildlife, functions as
a critical element of the water management system, and is confirmed to enhance overall property
values.
b) Intent. The provisions of this chapter are intended:
1) To establish efficient and effective procedures, regulations and guidelines for the protection of
the natural environment - -e ••-•• - -•-
dune grasses, and ground covere.
2) To promote and sustain community values by providing for an aesthetically pleasing environment
where a healthy tree canopy maritime forest is maintained and regenerated.
3) To protect natural systems and avoid impairment of their natural functions including the provision
of shade and cooling on lots and development parcels, sidewalks, streets and other public places.
4) To provide protection for environmentally sensitive areas.
5) To encourage ensure protection of healthy trees, recognizing that regulated trees that are lost
reduce the climate related resilience and overall economic value of the community, and provide
for replacement and/or relocation of trees which are necessarily permitted to be removed during
e'- -- •_ , . ._ • • _ as set forth herein.
6) Priority shall be given to the protection and preservation of the existing trees and natural
environment.
Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-2. -Applicability.
Exhibit A
All lands within the City of Atlantic Beach shall be subject to the provisions of this chapter.
Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-3. - Relationship to land development regulations and the comprehensive plan.
This chapter contains specific and detailed provisions intended to implement the related policies as
set forth in the comprehensive plan, as may be amended. The provisions of this chapter shall be
implemented in coordination with chapter 24, Land Development Regulations, of thisicipal Code of
Ordinances, and in the case of any conflict between the two (2) chapters, the provisions establishing the
higher standard shall prevail.
Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Sec. 23-4. -Amendments to this chapter.
The city commission shall have the authority to amend this chapter as needed to implement its
intent, or to implement objectives and policies of the comprehensive plan, or otherwise enact updates as
may be appropriate. Amendment to this chapter shall be made in accordance with the established
procedures for amending any portion of this Code of Ordinances.
Ord. No. 95-09-98, § 2(Exh. A), 1-12-09)
Secs. 23-5-23-7. - Reserved.
ARTICLE II. - LANGUAGE AND DEFINITIONS
Sec. 23-8. - Definitions.
For purposes of this chapter, the following terms shall have the meanings as set forth within this
section, and where interpretation is required, shall be interpreted so as to give these terms the meaning
they have in common usage. Where applicable and appropriate to the context, definitions as set forth
within chapter 24, Land Development Regulations, of this Municipal-Code of Ordinances, Florida State
Building Codes or within Florida Statutes, as these may be amended, shall be used in conjunction with
these terms and the requirements of this chapter.
Administrator shall mean the representative of the city as designated by the city manager to oversee
administration of this chapter.
limited to:
2) Existing areas of buried solid waste at a depth that would affect viability of preserved or planted
materials.
3) Existing electrical lines or utility easements that prevent or restrict the preservation or planting of
landscape materials.
species.
Exhibit A
6) Sites where type or distribution of existing canopy or other protected trees are such that
7) Designs and plans that do not, to the greatest extent feasible, avoid encroachment upon
Adversely affected person shall mean a person who is suffering or will suffer an adverse effect to an
interest protected or furthered by this Chapter. The alleged adverse effect may be shared in common with
other members of the community but must exceed in degree the general interest in community good
shared by all person in the community.
After-the-fact permit shall mean a permit issued after a violation has occurred for the primary
purpose of correcting the violation (if the activity would have been permittable) or for the purpose of
bringing the violator into compliance with existing regulations.
Appeal shall mean a request for the rehearing or review of a decision made pursuant to any
provision of this chapter.
Applicant shall mean the person(s) subject to or seeking a tree or vegetation removal permit as
required by the provisions of this chapter.
Approval shall mean written permission in the form of a tree or vegetation removal permit from the
administrator pursuant to a duly executed application submitted on a form as provided by the city,
authorizing the applicant to proceed with an action as proposed within the application. Such approval may
consist of limitations or conditions specific to the project.
Arborist shall mean any person who is certified by the International Society of Arboriculture (ISA) as
an arborist and a member in good standing of the ISA.
Arborist report shall mean a report that is signed by an arborist, as defined above, and that at a
minimum clearly states the arborist's name, contact information, and qualifications, and identifies the site
address and each individual tree.
Atlantic Beach Prohibited Species List shall consist of invasive exotic species listed by the city in
section 23-35(b). This list shall be updated on an as needed basis.
Atlantic Beach Recommended Species List shall consist of species that are best adapted to the local
ecosystem, which may provide the most desirable characteristics to the community. Replacement credit
may only be given for trees on the recommended species list in section 23-33(f)(1)f.
Buildable area shall mean the area of a site, parcel or lot, excluding any area which is not eligible for
the issuance of a building permit by the city, such as building setback areas, shoreline protection buffers,
coastal construction setback areas, wetlands and other similar areas required pursuant to the applicable
provisions of this chapter and the land development regulations.
Caliper shall mean the diameter of a tree trunk measured at a point six (6) inches above the existing
grade or proposed grade for trees four(4) inches in trunk diameter and under or smaller, and twelve (12)
inches above the existing grade or proposed planted grade for trees larger than four(4) inches in trunk
diameter. Caliper measurement is used in reference to nursery stock for new plantings. For trees with
multiple trunks, the sum of the caliper measurements of up to the four (4) largest trunks shall be used.
Canopy shall mean the horizontal extension of a tree's branches in all directions from its trunk.
e- - t'''_ valid and current arborist certification as issued by
the International Society of Arboriculture (ISA).
City shall mean the City of Atlantic Beach.
Exhibit A
Clear trunk shall mean the height of a palm tree measured from the ground to the point where the
lowest green frond is attached to the trunk.
Coastal dune vegetation shall mean the naturally-occurring, salt-tolerant native species of grasses,
shrubs, vines and trees that stabilize the dunes by holding existing sand and that serve to repair the
dunes of damage inflicted by either natural phenomena or human impact by trapping wind-blown sand.
Crown shall mean all portions of a tree, excluding the trunk and roots; specifically, the branches,
leaves, flowers, and fruit that grow above ground.
Designated maritime species shall mean those species that are among the most valuable and
desirable species in the city and shall include the following species:
1. Bald Cypress (Taxodium distichum).
2. Cedar(Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar).
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm),
4. Live Oak (Quercus virginiana).
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut Hickory) .
6. Loblolly bay(Gordania lasianthus).
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay
Magnolia)
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple)
9. Tupelo (Nyssa sylvatica)
10. Pine (Loblolly) (pinus taeda), (Long-leaf) (Pinus palustris), (Pond) (Pinus Serotina)
Developed area shall mean that portion of a site upon which any building, structure, pavement, or
stormwater facility is placed.
Developed lot shall mean any parcel upon which any building, structure, pavement or stormwater
facility exists or is proposed but which does not fall under the definition of new construction or vacant lot.
Development or development activity shall mean any alteration of the natural environment which
requires the approval of a development or site plan and issuance of a development permit; shall also
ire mean the "thinning" or removal of any regulated trees or vegetation from an undeveloped land,
including without limitation that carried on in conjunction with a forest management program, and the
removal of regulated trees and vegetation incidental to the development of land or to the marketing of
land for development and shall also include activities defined as development with section 24-17 of this
Code of Ordinances.
Diameter at breast height(DBH) shall mean the outside bark diameter of a tree measured at a height
of fifty-four(54) inches above the naturally occurring existing ground level. Trees with gross abnormalities
or buttressing at the breast height should be measured above or immediately adjacent to the irregularity.
Trees that fork at or above breast height should be measured below breast height and recorded as a
single trunk. For Ttrees that fork below breast height or for trees with multiple trunks, the sum of up to the
four(4) largest trunks shall be used should be recorded as separate DBH for each.
Diseased tree shall mean a tree with any fungal, bacterial, or viral infection that will result in the
death of the tree or has progressed to the point that treatment will not prevent the death of the tree, as
determined by the administrator, forester, or arborist a sustained or progresvive impairment caused by a
tree will remain living and viable for a period of more than three (3) years, or the tree causes other
imminent peril to viable trees, existing structures or persons in the vicinity of the die aced tree.
Exhibit A
Dripline shall mean the imaginary vertical plumb line that extends downward from the tips of the
outermost tree branches and intersects with the ground.
Ecosystem goods and services shall mean those goods and services that provide for health, social,
cultural, and economic needs and benefit all living organisms including plants, animals and humans.
Examples of ecosystem goods include clean air and abundant fresh water. Examples of ecosystem
services include purification of air and water, maintenance of biodiversity, decomposition of wastes, soil
and vegetation generation and renewal, pollination of crops and natural vegetation, groundwater recharge
through wetlands, seed dispersal, greenhouse gas mitigation, and aesthetically pleasing landscapes. The
products and processes of ecological goods and services are complex and occur over long periods of
time and the concern is that we are losing them at an unsustainable rate.
Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach
which meet one or more of the following criteria:
a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department of
Environmental Protection (FDEP), the U.S. Army Corps of Engineers, or the St. Johns River Water
Management District(SJRWMD)
b) Estuaries or estuarine systems;
c) Outstanding Florida Waters as designated by the State of Florida and natural water bodies;
d)Areas designated 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 designated as conservation on the future land use map,
f) Essential habitat to listed species as determined by approved methodologies of the Florida Fish
and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the
U.S. Fish and Wildlife Service, and the FDEP.
Equivalent value shall mean a monetary amount reflecting the cost of vegetation to be replaced.
Excavation shall mean the act of digging, cutting or scooping soil or in any way changing the existing
grade of the land. See "Grading" also.
Excessive pruning shall mean the substantial alteration of a tree such that there is irreversible
removal and/or damage of more than twenty-five (25) percent of the natural shape or form of a tree.
Exotic shall mean a plant species that was introduced to Florida, either purposefully or accidentally,
from a natural geographic range outside of Florida.
Florida licensed landscape architect shall mean a person who holds a license to practice landscape
architecture in the state of Florida.
Grading shall mean the placement, removal or movement of earth by use of mechanical equipment
on a property. See"Excavation" also.
Ground cover small means a plant material which reaches an average maximum height of not more
than eighteen (18) inches at maturity.
Grubbing means the effective removal of understory vegetation from a site which does not include
the removal of any trees with DBH greater than three (3) inches.
Hardwood shall mean an angiosperm, a flowering tree or a broad-leaved tree, as distinguished from
a gymnosperm or cone-bearing tree.
Hazard or hazardous shall mean a danger or risk of bodily injury or property damage.
Heritage tree shall mean any designated maritime species that is thirty (30) inches DBH or greater
and declared by the city commission to be of unique or intrinsic value due to its age, size, species, and/or
cultural, ecological or historical significance or some other contribution to the city's or a neighborhood's
character and which is in good condition, as determined by an arborist; also, any tree designated as a
Florida State Champion, United States Champion, or World Champion by the American Forestry
Exhibit A
Association which has been designated to be a heritage tree by the city commission. Heritage trees may
be located within parks or other public property. On private property, heritage trees must be voluntarily
nominated by the property owner. The city administrator shall keep a record of all heritage trees so
designated and their location.
Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special historic,
architectural, or cultural value to the citizens of the city as declared by the city commission.
Indigenous shall mean a plant species naturally occurring within a specific habitat or biogeographical
region prior to significant human impacts. See"Native" also.
International Society of Arboriculture (ISA) serves the tree care industry as a membership
association and a credentialing organization that promotes the professional practice of arboriculture. ISA
focuses on research, technology, and education to advance best tree care practices and deliver
educational publications, services, events, and credentials that provide opportunities for tree care
professionals to develop their knowledge, skills, and arboriculture expertise.
Invasive exotic plant shall mean an exotic plant species that has escaped cultivation, naturalized,
and established in a natural area allowing it to aggressively expand and reproduce on its own, and
subsequently, alter native plant communities by out-competing for resources such as light, nutrients,
water and space, killing native species, or otherwise adversely affecting natural ecosystems. Invasive
exotic plants are those plants recognized on the Florida Noxious Weed and Invasive Plants List(F.A.C.
5B-57.007) or listed on the Atlantic Beach Prohibited Species List.
Landscape materials shall mean living material, including trees, shrubs, vines, lawn grass, and
ground cover; landscape water features; and nonliving durable material commonly used in landscaping,
including rocks, pebbles, sand, and brick pavers, but excluding impervious surfaces (pavement).
Legacy tree shall mean a tree that is a designated maritime species, as defined in this chapter, and
that is ten (10) inches DBH or greater e •- • __ _ __ - __-. -_ _ _ __ _ _ '_ _ _ -
tree°.
Maritime forest shall mean the collection of trees, to include its canopy, the understory, and ground
cover in and around the City, including park and street trees on public property and trees on private
property.
Mitigation shall mean prorated payment for trees removed, either in terms of replacement trees
newly planted-er-relocated), relocated trees, or preserved trees, or alternatively, deposit of a cash
equivalent value in the tree conservation trust fund.
Native shall mean a plant species occurring within the city boundaries prior to European contact
according to the best available scientific and historical documentation. More specifically, it includes those
species understood as indigenous, occurring in natural associations in habitats that existed prior to
significant human impacts and alterations of the landscape.
Naturalized exotic shall mean an exotic species that sustains itself outside cultivation.
New Construction shall mean the construction of a new principal building on a lot. For the purposes
of this chapter, this definition does not include construction proposed on vacant lots. This definition shall
include construction proposed on lots that have an active permit for demolition of the principal building;
lots where the principal building has been demolished but no building permit for a new principal building
has been issued; and where trees are proposed to be removed or relocated in preparation for demolition
or development of a principal building.
Nondevelopment activity shall mean any alteration of the natural environment which does not require
development plan approval or issuance of a building permit, but which would include the proposed
removal or destruction of any trees or vegetation regulated by this chapter.
Nuisance shall mean any tree, shrub, bush, grass or ground cover, or other woody vegetation, on
public or private property which is endangering or which in any way may endanger the public health,
Exhibit A
safety, security or usefulness of any public street, public utility line or sidewalk; also, any tree, shrub,
bush, grass or ground cover, or other woody vegetation with an infectious disease or insect problem.
Offsite shall mean any location outside the boundaries of the project site.
Onsite shall mean any location within the boundaries of the project site.
Person shall mean any landowner, lessee, consultant,building contractor, developer or other entity
involved in the use of real property, including agents, employees, independent contractors, whether
persons, firms, associations, corporations, partnerships, joint ventures, estates, trusts, business trusts,
syndicates, fiduciaries, governmental bodies, agencies or officials.
Pest shall mean any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any
damage, abnormal growth or mortality of any tree, shrub, bush, grass or ground cover, or woody
vegetation.
Prune shall mean the removal of dead, dying, diseased, weak or objectionable branches in order to
increase usefulness, beauty and vigor.
Pruning standard shall mean the following: American National Standard Institute, Standard for Tree
Care Operations—Tree, Shrub and Other Woody Plant Maintenance—Standard Practices (ANSI A300,
current edition); American National Standard Institute, Safety Standards for Tree Care Operators (ANSI
Z133.1, current edition); National Arborist Association Pruning Standards for Shade Trees (current
edition).
certification, or knowledge _• _. _ •__ _ _ _ ____ _ _ _ _
legally necessary to render him or her capable, competent. and eligible to perform the particular
responsibilities called for.
Regulated tree shall mean any tree as follows:
1) Private regulated tree shall mean any tree on private property, except those species listed on
the Atlantic Beach Prohibited Species List, meeting the following conditions:
a. A DBH of six eight (68) inches or more_ on residentially zoncd property that will be removed
dollars($10,000.00);
b. Trees defined as legacy trees by this-chapter;
2) Public regulated tree shall mean any tree on public property, except those species listed on the
Atlantic Beach Prohibited Species List., meeting the following conditions:
a. A DBH of six (6) inches or more.
3) Heritage tree shall mean any tree determined by the city commission to be of unique or intrinsic
value due to its age, size, species and/or cultural, ecological or historical significance or some
other contribution to the city's character, specifically including all Cyprus, Live Oak and Magnolia
State Champion, United States Champion, or World Champion by the American Forestry
On private property, heritage trees are voluntarily nominated by the property owner. The city
Regulated vegetation shall mean vegetation located within any area designated as an
environmentally sensitive area," as defined by the city of Atlantic Beach Comprehensive Plan including,
but not limited to, all wetlands, all beach and dune areas seaward of the coastal construction control line,
and all areas designated as conservation on the future land use map.
Exhibit A
Shade tree shall mean any self-supporting woody plant of a species that is generally well-shaped,
well-branched, and well-foliated which normally grows to a minimum average height of at least thirty-five
35) feet with a minimum average mature crown spread of at least thirty (30) feet, and which is commonly
accepted by local horticultural and arboricultural professionals as a species which can be expected to
survive for at least fifteen (15) years in a healthy and vigorous growing condition over a wide range of
environmental conditions.
Shrub shall mean a self-supporting woody perennial plant differing from a perennial herb by its
persistent and woody stems and from a tree by its low stature and habit of branching from the base.
Site shall mean the total area within the property boundaries of a principal parcel to be developed, or
contiguous parcels intended for development under a common scheme or plan.
Stop work order, as used in this chapter, shall mean an order from the designated administrative
official to immediately halt all vegetation and tree removal, any form of site or soil disturbance, or other
activity with potential to impact trees or vegetation regulated by this chapter.
Street shall mean a public or private thoroughfare, which affords the principal means of access to
abutting property, including but not limited to alley, avenue, drive, lane, place, road, street, terrace, way,
or other means of ingress or egress, regardless of the term used to describe it.
Tidal marsh shall mean a marsh found along rivers, coasts, and estuaries which floods and drains by
the tidal movement of the adjacent estuary, sea, or ocean.
Tree shall mean any self-supporting woody or fibrous plant which at maturity attains a trunk DBH of
at least three (3) inches or more and which normally attains an overall height of at least fifteen (15) feet,
usually with one (1) main stem or trunk and many branches. Trees shall be classified as follows:
1) Large: Having an average mature height of fifty (50) feet or more.
2) Medium: Having an average mature height of at least thirty (30) feet but less than fifty (50) feet.
3) Small: Having an average mature height of at least fifteen (15) feet but less than thirty (30) feet.
Tree conservation trust fund(tree fund) shall mean an account established by the city to provide an
opportunity to make equivalent value cash payment to the city in lieu of providing the required landscape
or tree stock on a site.
Tree protection plan shall mean the plan required pursuant to this chapter, identifying and showing
the location, type, size and health of existing trees, stating the ultimate disposition of the trees, showing
the type, size and location of any trees to be planted and setting forth measures to protect trees before,
during and after construction.
Tree protection zone shall mean the area located around the perimeter of the dripline of a tree in
which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles, or any
other activity that in the opinion of the administrator may damage the tree. At the discretion of the
administrator, the tree protection zone may be reduced for trees located on smaller lots in order to
reasonably protect the tree and facilitate construction on the development parcel.
Tree removal shall mean any act that physically removes the tree or its roots from the earth or
causes a tree to die including, but not limited to, changing the natural grade above or below the root
system or around the trunk or improper pruning where the natural form of the tree is permanently
changed and results in tree death or decline.
Tree or vegetation removal permit shall mean the written authorization issued by the city to proceed
with vegetation or tree removal in accordance with the provisions of this chapter, which may include
mitigation requirements and other terms and conditions as needed to create consistency with this
chapter. The terms permit, tree permit, vegetation removal permit or tree removal permit may be used
interchangeably as appropriate to the context.
Tree technical manual(TTM) shall mean a manual, developed and maintained by the city, pursuant
to this chapter, which contains the standards and specifications for sound arboricultural practices,
techniques and procedures to be practiced within the city.
Exhibit A
equipment, which neither disturbs the soil nor causes the destruction of any tree.
Understory vegetation shall mean assemblages of natural low-level woody, herbaceous, and ground
cover species not normally considered to be trees which exist in the area below the canopy of the trees,
including any tree that is less than three (3) inches DBH.
Vacant lot shall mean any property not previously developed with a structure of any kind or a
property where all structures were removed more than twenty (20) years prior to the date of the
tree/vegetation removal application.
Variance. A variance shall mean relief granted from certain terms of this chapter. The relief granted
shall be only to the extent as expressly allowed by this chapter and may be either an allowable exemption
from certain provision(s) or a relaxation of the strict, literal interpretation of certain provision(s). Any relief
granted shall be in accordance with the provisions as set forth in section 23-25 of this chapter, and such
relief may be subject to conditions as set forth by the City of Atlantic Beach.
Vegetation shall mean any plant material including, but not limited to, trees, shrubs, vines, herbs and
grasses, including marsh grasses and any coastal dune vegetation.
Vegetation inventory shall mean a scaled drawing which delineates the location and common and/or
scientific name of vegetation upon a parcel of land, including trees greater than three (3) inches DBH and
palms with an overall height of more than eight(8) feet. If necessary, a survey or other professionally
prepared document, certified as appropriate, may be required as part of the vegetation inventory.
Viable shall mean having the capacity to live and develop.
good cause, and upon evidence that an alternative to a specific provision(s) of this chapter shall be
provided, which conforms to the general intent and spirit of the chapter.
Weed shall mean any undesired, uncultivated plant that grows in profusion so as to crowd out a
desired plant.
Ord. No. 95-09-98, § 2(Exh. A), 1-12-09; Ord. No. 95-15-109, § 1, 5-11-15)
Secs. 23-9-23-10. - Reserved.
ARTICLE III. -TREE AND VEGETATION REGULATIONS AND PERMITS12]
Footnotes:
2) ---
Editor's note— Section 2(Exh. A) of Ord. No. 95-10-101, adopted Feb. 22, 2010, amended art. III in its
entirety to read as herein set out. Former art. Ill, §§ 23-11-23-16, 23-21---23-26, 23- 30- 23-37, 23- 40,
23-41, and 23-46-23-51 pertained to similar subject matter, and derived from Ord. No. 95- 09-98(Exh. A),
adopted Jan. 12, 2009.
DIVISION 1. - IN GENERAL
Sec. 23-11. -Scope.
Exhibit A
The provisions of this chapter shall be administered as set forth within this chapter. aAdministrative
procedures, authorities and responsibilities of the city commission and the administrator are set forth
herein.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
DIVISION 2. -ADMINISTRATION
Sec. 23-12. - City commission.
The city commission shall have the following authorities and responsibilities:
1) To establish fees and fines related to the administrative costs of carrying out the requirements
of this chapter.
2) To establish a tree conservation trust fund to collect and disburse monies for the purpose of
growing and maintaining the city's community-maritime forest.
3) To amend this chapter as may be needed to accomplish the stated purpose and intent of this
chapter.
4) To hear and decide appeals where it is alleged there is an error in any order, requirement or
decision made by the administrator Community Development Board in the implementation of this
chapter.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-13. -Administrator.
The administrator shall have the following authorities and responsibilities:
1) To accomplish all administrative actions required by this chapter, including issuance of proper
notices; receipt and review of applications; issuance of tree and vegetation removal permits;
receipt and processing of appeals and any stop work orders.
2) To maintain all records relating to this chapter and its administration.
3) To provide written instructions to applicants related to the required process for applications as
required by this chapter.
4) To receive, process and make administrative determinations on all applications for tree and
vegetation removal permits as set forth in section 23-23.
5) To refer applications for tree and vegetation removal to other departments and agencies for
comment, as set forth in section 23- 23, as may be needed.
6) To conduct field inspections as needed to make determinations related to tree and vegetation
protection or removal.
7) To review preliminary development plans, applications for certain building permits, including site
and lot plans with appropriate city staff, to determine whether proposed construction, alterations,
repair or enlargement of a structure is in compliance with the provisions of this chapter.
8) To recommend to the city commission projects consistent with the purpose and intent of this
chapter, with a written statement outlining the costs and benefits of such projects.
9) To recommend to the city commission amendments consistent with the implementation of the
purpose and intent of this chapter, with a written statement outlining the need for such changes.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Exhibit A
Sec. 23-14. -Tree conservation trust fund.
a) Establishment of trust tree fund. The city commission hereby recognizes and reaffirms the prior
establishment of the tree conservation trust fund ("tree fund") for the purposes of accepting and
disbursing monies paid to the city as part of tree mitigation and any other funds deposited with the city
for the purpose of tree and vegetation conservation and protection. This fund shall be used solely for
the planting of trees, the protection and conservation of existing trees where appropriate, or the re-
establishment of vegetative resources in the city and any other ancillary costs associated with such
activities, provided that such ancillary costs shall not exceed twenty (20) percent of the cost of the
particular project.
b) Terms of existence. The tree fund shall be self-perpetuating from year to year unless specifically
terminated by the city commission.
c) Tree fund assets. All funds received shall be placed in trust for and inure to the public use and
environmental benefit of the city. Said funds shall be used and distributed as designated by the city
commission.
d) Tree fund administration.
1) Trustee funds shall be used only for the purposes designated by the city commission in
accordance with the intent of this chapter and the applicable goals, objectives and policies as set
forth within the comprehensive plan.
2) All mitigation funds collected pursuant to this chapter shall be deposited into the tree fund, which
shall be a separate account established and maintained apart from the general revenue fund of
the city.
e) Disbursal of tree fund assets.
1) Expenditures for projects funded by the tree fund shall be made in accordance
with the established purchasing procedures of the city. The Environmental Stewardship
Committee (ESC) shall review and make recommendations on the disbursal of tree fund assets
to the City Commission. The City Commission shall have final approval on all disbursals of the
tree fund assets.
2) Priority shall be given to the use of funds for projects that plant or replace trees or vegetation
along public rights-of-way or on properties and lands in public use, or on lands owned by
homeowners or property owners associations, or on other private property provided the trees are
planted within the front yard setback areas or, in the case of corner lots only, the required side
yard setback areas which adjoin a public right-of-way that will provide needed shade, aesthetic
enhancement or the re-establishment of tree canopy in neighborhoods and along public
roadways. For trees planted on private property, the property owner shall be responsible for
maintaining the health of the tree(s). Should the administrator become aware of any tree dying or
being in a state of decline within three (3) years of being planted, the property owner shall be
required to replace the tree within sixty (60) days of that determination.
Secondarily, funds may be used for purchase of landscape materials or equipment necessary
and proper for the preservation, maintenance, relocation or restoration of trees and ecosystems
on any public land in the city, or for the funding of community educational programs which
promote, enhance or implement the goals and objectives established in this chapter.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-15-23-20. - Reserved.
DIVISION 3. - PERMITS
Sec. 23-21. - Permits required by this chapter.
Exhibit A
Unless specifically exempted within following section 23-22, permits are required for removal of
regulated trees and vegetation on all lands within the City of Atlantic Beach. The permit requirements are
not intended to restrict or adversely affect a property owner's rights under constitutional or statutory law,
or otherwise preempt applicable Florida Statutes., which shall include the following:
1) New development on any previously undeveloped lands, or redevelopment on any vacant land
where structures may have been fully or partially cleared.
3) Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless
1) Removal of any tree on the Atlantic Beach Legacy Tree List.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23- 22. - Exemptions from the requirement for a permit.
In addition to the provisions of Section 23-21, Tthe following activities shall be exempt from the
requirements to apply for and receive a tree or vegetation removal permit_, except that none of these
provisions of this chapter and any state permitting requirements applying to the coastal zone. All other
regulated vegetation shall require issuance of a tree removal permit.
The person(s) claiming any exemption shall have the burden of proving entitlement to such
exemption. The administrator may require consultation with or documentation from a certified arborist er
other qualified professional to verify certain conditions.
e -
mitigation shall be required.
21) Emergency situation. The removal of trees destroyed or severely damaged during or
immediately following an emergency (i.e., hurricane, tropical storm, tornado, flood or any other
act of nature) shall be granted an exemption when the administrator determines that normal
permitting requirements will hamper private or public work to restore order to the city which will
compromise public safety.
32) Safety hazard. The removal of trees that pose imminent danger to the public health, safety and
general welfare shall be granted an exemption upon inspection and determination by the
administrator that immediate removal without delay is required.
43) Diseased or pest-infested trees. The removal of diseased or pest-infested trees shall be granted
an exemption upon inspection and determination by the administrator, a forester, or an arborist
that removal is needed for the purpose of preventing the spread of disease or pests.
54) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by the
Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of
Exhibit A
Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC), the Atlantic
Beach Prohibited Species List, or some other recognized authority, shall be granted an exemption
upon inspection and verification by the administrator, a forester, or an arborist.
65) Utility operations. The pruning and/or removal of trees or understory vegetation by duly
authorized communication, water, sewer, electrical or other utility companies or federal, state,
county or city agencies, or engineers or surveyors working under a contract with such utility
companies or agencies, shall be exempt, provided the removal is limited to those areas necessary
for the maintenance of existing lines or facilities or for the construction of new lines or facilities in
furtherance of providing utility service to its customers, and provided further that the activity is
conducted so as to avoid unnecessary removal and, in the case of aerial electrical utility lines, is
not greater than that specified by the National Electrical Safety Codes as necessary to achieve
safe electrical clearances. Notwithstanding this exemption, any such entity shall provide adequate
prior notice to the city before commencing such work.
6) Surveyors/engineers. The pruning of trees and/or removal or understory vegetation by a
Florida-licensed land surveyor or engineer in order to provide physical access or view necessary
to conduct a survey or site examination for the performance of professional duties related to land
surveying, soil percolation and/or soil bore tests shall be exempt provided that such alteration is
limited to a swath of ten (10) feet or less in width. Any pruning or removal of trees or vegetation
shall be as minimal as possible at the direction of the administrator. However, any land clearing
for the purpose of surveys shall not authorize the removal of any regulated trees or regulated
vegetation.
87) City crews. The city shall have the right to plant, prune, maintain and remove trees, plants and
shrubs within public rights-of-way, within any utility or drainage easements or within the
illumination areas of street lights, and other public lands as may be necessary, and shall not be
subject to mitigation assessment. The city shall not have the responsibility to maintain, prune or
remove any damaged, dead or diseased trees on any private property within the city.
8) Applicable exemptions in accordance with Florida Statutes.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23- 23. - Permits procedures.
a) Application required. The applicant for a tree or vegetation removal permit shall submit the established
fee along with the application form as created and provided by the city to the designated administrative
department. The application shall contain all required narrative and graphical information necessary
to determine compliance with this chapter. If the applicant is not the property owner, proper owner's
authorization shall also be required.
1) Existing lots or parcels. When a tree or vegetation removal permit is required, applications for
tree or vegetation removal shall be made prior to removal and prior to any site disturbance or
grading on a lot or parcel.
2) New or re-platted subdivisions. Applications for tree or vegetation removal that will be part of a
new subdivision plat or a re-plat shall be submitted along with the preliminary subdivision plat
application so that due consideration may be given to the protection of regulated trees and
regulated vegetation during the site planning and subdivision process. Trees to be protected shall
be noted on the final subdivision plat, and subsequent applications for individual lots or parcels
shall be consistent with the approved final subdivision plat, or application for a new tree removal
permit shall be required.
3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated
vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact
permit, and meet mitigation requirements as assessed.
Exhibit A
b) Sufficiency review of applications. - --• -- - - e ___ __ ._ - - --
review. The applicant shall be notified if extended review by other departments and/or profeccionalc
1) Upon receipt of the application and appropriate fee, the administrator shall conduct a preliminary
review within five (5) business days to determine that all required information has been submitted and
is sufficient for review purposes. The applicant shall be notified of any deficient items. Upon submittal
of deficient or missing information, the administrator shall again review the application. If the requested
information has not been provided or is insufficient, the applicant shall be notified in writing that no
further review will be performed until the requested information is provided and found to be sufficient.
2)The administrator shall upload all tree permit applications to the city's website within three(3) days
of being deemed sufficient in accordance with this section.
3) The ESC Tree Subcommittee may review any permit application for compliance with this Chapter
and may provide recommendations to the administrator regarding the permit application.
4) One (1) member of the ESC Tree Subcommittee may accompany the administrator on the initial
site inspection as an observer. The subcommittee member must make the request to attend the initial
site inspection as an observer within three (3) business days of the permit being uploaded to the city's
website. The subcommittee member shall not interact with the property owner or the property owner's
agents during the site inspection and shall stay in the vicinity of the administrator during the inspection.
The subcommittee member shall be provided twenty-four(24) hours' notice prior to the time of the site
inspection. If multiple requests are made by subcommittee members to accompany the administrator
on the initial site inspection, the administrator shall select the first subcommittee member who submits
a request in writing
5) The administrator may refer the application to other city department(s), the ESC Tree
Subcommittee, or a consultant during preliminary review. The applicant shall be notified if extended
review by other departments and/or professionals is required.
6) However, aAn application shall be deemed abandoned thirty (30) days after the date the
administrator notifies the applicant of any deficiencies contained in the application if the applicant
has failed to submit all of the deficient or missing information. The administrator may, upon written
request and justification by the applicant, grant not more than one (1) 30-day extension. At the
expiration of the extension, the application shall automatically become null and void. In such cases,
the application review fees will not be refunded.
c) Review by other agencies. At the discretion of the administrator, relative to the environmental
sensitivity of the site, appropriate written sign-offs, permits or consents from the agencies listed below
which have jurisdiction may be required prior to regulated tree or regulated vegetation removal from
sites contiguous to or containing environmentally sensitive areas or lands. The applicant shall obtain
this information the written approvals, permits, or consents and submit the agencies'written verification
to the city:
1) Army Corp of Engineers (ACOE);
2) Saint Johns River Water Management District(SJRWMD);
3) Florida Department of Environmental Protection (FDEP);
4) Any other applicable governmental agencies extending jurisdictional controls over the site.
d) Compliance review and approval of applications. When the administrator's application review process
and inspections have been completed, the administrator shall distribute a notice of intent to issue a
Exhibit A
tree permit to the applicant and all members of the ESC Tree Subcommittee, including the alternate
member and upload the draft permit to the city's website. The permit shall be effective five(5) business
days after the notice of intent is distributed, unless a timely appeal is filed. A e e _ e
set forth in section 23 52(g) hereof.
2) Standards for review. The administrator shall sider the following in making a determination
a. Necessity to remove trees which pose a safety hazard, as determined by the director of
public works, to pedestrian or vehicular traffic, or threaten to cause disruption to public
rights of way.
safety-hated-
c. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury, or
improvements on a lot or parcel of land.
d. Necessity to remove trees in order to construct approved and permitted improvements to
Existence of any adverse cite conditions which may affect the implementatiea-fie
provisions of this chapter.
e) Expiration of permits. - -- --- _ _ _ •- __. __ _ _ _. • • _ _ _ -- _ •• _
Work pursuant to the permit shall commence within six (6)twelve(12)months of the date of issuance,
or the permit shall expire. If the tree removal permit is in connection with a development permit,
compliance with the tree removal permit shall be determined before the applicable development
permit's final inspection, or issuance of Certificate of Completion or Certificate of Occupancy, as
applicable.
f) Content of permits. The permit shall be issued in such form as may be prescribed by the administrator
and shall set forth in detail the conditions upon which the permit is granted and specifically identify
which land areas shall be cleared and/or which trees shall be permitted to be removed. One (1) permit
may cover several trees or groups of trees as long as the trees or groups of trees can be clearly
identified thereon; provided, however, no permit may be issued for more than one (1) lot, parcel or
area of land unless such lots, parcels or areas of land shall be contiguous to one another and
considered as one (1) parcel for the purpose of development.
g) Posting of permits. The permit shall be posted in a conspicuous and visible place at the front of the
property by the applicant prior to any tree removal The permit shall remain
posted on the property during all applicable tree and vegetation removal activity and until final
inspection by the city. It is the responsibility of the applicant to maintain the permit in a clearly visible
manner at all times.
h) Amendment of permits. Requests for minor changes to approved plans shall be made as an
amendment to the applicable permit, and shall require payment of an administrative procee..ing fee.
Additional information submitted with a request for permit amendment shall be adequate to fully
document the nature of the proposed change and the effect it will have on all aspects regulated by this
chapter. All plans, reports, calculations, and other information affected by the proposed amendment
shall be updated so as to maintain an accurate record of the development activity. Review time for any
Exhibit A
changes to plans approved for a permitted site shall be the same as specified for the review of a new
application. An amendment to a permit shall not automatically extend the expiration date.
Substantial changes, including significant increases in the number of trees to be removed or land to be
cleared, increases in impervious surface area, changes to intended land use, modification of stormwater
management systems, or any other change that constitutes a major modification to a site plan or
subdivision, new phases of development or other additions, shall not be treated as amendments, but shall
require a new permit application and fee.
i) Revocation of permits.
1) By administrator. The administrator may revoke any permit issued pursuant to this chapter,
following notice in writing to the permittee and after providing the permittee opportunity to respond
to the notice, in either of the following circumstances:
a. The administrator finds that the permittee has continued with any development activity on a
site for which a permit was issued, while the site is under a stop work order which has not
been reversed, canceled or suspended pursuant to this chapter, except for specified
remedial work required to bring the violation into compliance with the approved permit; or
b. If the administrator finds that the approval of the permit was based on incorrect information
furnished by the applicant for the permit. Based upon such finding, however, the
administrator may make reasonably necessary accommodations to the conditions of a permit
in lieu of revoking it.
2) Discontinuance of work. Revocation of a permit may also result in a stop work order in
accordance with section 23-48.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-17-64, § 2, 7-24-17)
Sec. 23-24. - Inspections and site preparation.
a) Inspections. The following inspections shall be conducted in conjunction with all development
activities subject to the requirement for a tree or vegetation removal permit.
1) Initial inspection. The administrator shall conduct an initial inspection of the site prior to approval
of any application.
2) Protective barricade inspection. A protective barricade inspection shall ensure proper installation
of measures prior to the initiation of any other development activity where required as a condition
of the permit.
3) Final inspection and notice of completion. A final inspection and notice of completion shall occur
when all development activities permitted for the site have been completed. No certificate of
occupancy shall be issued, nor any building or premises occupied, unless and until the
administrator has determined after final inspection that all work, including land clearing, regulated
tree or regulated vegetation removal, tree protection and tree replacement, has been done in
accordance with the approved permit and plan.
4) Maintenance inspections. The administrator shall have the authority during the required three(3)
year maintenance period to conduct on-site maintenance inspections subsequent to final
inspection and notice of completion, and to require correction of all deficiencies and violations in
accordance with this chapter.
b) Site preparation. Prior to requesting initial and/or protective barricade inspection, the applicant shall
prepare the site with proper staking and taping as necessary to allow the administrator to locate and
identify the lot or parcel to be inspected; to determine the building site; to locate the proposed buildings
or other proposed structures or improvements that will disturb vegetation, and to ensure clear
understanding between the property owner, contractor, administrator and other inspectors that may
be involved.
Exhibit A
1) The address or legal description of the property shall be displayed in a conspicuous manner.
2) The property corners shall be marked according to survey with wooden stakes. Each stake shall
be flagged with surveyor's tape or with bright colored paint. Any property crossed by the coastal
construction control line shall have that line marked on the ground with conspicuous wooden
stakes and surveyor's tape or durable waterproof string and shall be clearly labeled "CCCL".
3) All trees to be preserved during development activities, including vital root systems. shall be
barricaded according to a tree protection plan consistent with the guidelines in the Tree Protection
Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other
reasonable requirements deemed appropriate by the administrator to implement this part.
4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint.
5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or
green surveyor's tape or paint.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23- 25.—Appeals and variances.
a) Appeals. Appeals of final decisions by the Administrator made under the
authority of this Chapter may be made by the applicant, any member of the ESC Tree Subcommittee,
or an adversely affected party in accordance with the following provisions. Any appeal filed pursuant
to this section shall stay all work on the premises and all proceedings in furtherance of the action
appealed, unless the appropriate administrative official certifies that a stay would cause imminent peril
to life or property..and written notices objecting to decisions regarding tree permits issued under
1)Appeals of a final action or decision by the Administrator shall be filed in writing with the
Administrator within five(5) business days after rendition of the decision or final order being appealed.
Upon receipt of a timely filed appeal, the Administrator shall place the matter on the agenda of the
next ESC Tree Subcommittee meeting within a reasonable period of time with proper public notice, as
well as due notice to interested parties. The ESC Tree Subcommittee shall review the application for
compliance with the requirements of Chapter 23 and shall, by maiority vote, recommend that the
Administrator either approve, approve with conditions, or deny the appeal. If the appellant is a member
of the ESC Tree Subcommittee, that member shall not participate in the decision. The Administrator
shall issue or deny the permit within five(5) business days after the ESC Tree Subcommittee meeting.
b) Stay of work Variances. The Community Development Board is authorized to grant relief from the
strict application of this Chapter where, due to an exceptional situation, adherence to the regulations
of this Chapter results in "exceptional practical difficulties or undue hardship" upon a property owner.
The Community Development Board must determine that granting the request will not cause
substantial detriment to the public good and will not be inconsistent with the general intent and purpose
of this Chapter. The applicant has the burden of proof. Any request for a variance pursuant to this
section Any appeal to the city commission filed pursuant to section 23 52(g)shall stay all work on the
premises and all proceedings in furtherance of the action appealed, unless the appropriate
administrative official certifies that a stay would cause imminent peril to life or property.
1)A request for a variance shall be submitted on an application form as provided by the city and shall
contain each of the following:
a. A legal description of the property for which the variance is requested.
b. A reasonable statement describing the reasons and iustification for the variance.
c. A survey or site plan indicating existing, removed, and/or proposed trees; existing and proposed
construction, as well as other significant features existing on the lot.
Exhibit A
d. The signature of the owner, or the signature of the owner's authorized agent. Written and
notarized authorization by the owner for the agent to act on behalf of the property owner shall be
provided with the application.
2) Upon receipt of a complete and proper application, the Administrator shall within a reasonable
period of time schedule the application for a public hearing before the Community Development Board
following the required public notice as set forth in section 24-51. At the public hearing, the applicant
may appear in person and/or may be represented by an authorized agent.
a. Applications for a variance shall be considered on a case-by-case basis and shall be approved
only upon findings of fact that the application is consistent with the definition of a variance and
consistent with the provisions of this section.
b. Variances shall not be granted solely for the personal comfort or convenience, for relief from
financial circumstances, or for relief from situations created by the property owner.
3) Grounds for approval of a variance. The Community Development Board shall find that one (1) or
more of the following factors exist to support an application for a variance:
a. Existing topographic elevation changes that would result in the likelihood that preserved or
planted materials would not survive.
b. Existing electrical lines or utility easements that prevent or restrict the preservation or planting
of landscape materials.
c. Barrier island or dune ecosystem planting conditions that cannot support certain hardwood
species.
d. Designs and plans that, to the greatest extent feasible, avoid encroachment upon preservation
areas and/or trees.
In the event the Community Development Board finds that none of the above exist, then the
Community Development Board shall deny the variance.
4) Approval of a variance. To approve an application for a variance, the community development
board shall find that the request is in accordance with the preceding terms and provisions of this
section and that the granting of the variance will be in harmony with the purpose and intent of this
chapter. In granting a variance, the community development board may prescribe appropriate
conditions in conformance with and to maintain consistency with city Code. Violation of such
conditions, when made a part of the terms under which the variance is granted, shall be deemed a
violation of this chapter, and shall be subject to established code enforcement procedures.
5) Approval of lesser variances. The community development board shall have the authority to
approve a lesser variance than requested if a lesser variance shall be more appropriately in accord
with the terms and provisions of this section and with the purpose and intent of this chapter.
6) Nearby nonconformity. Nonconforming characteristics of nearby lands, structures or buildings
shall not be grounds for approval of a variance.
7) Waiting period for re-submittal. If an application for a variance is denied by the community
development board, no further action on another application for substantially the same request on
the same property shall be accepted for three hundred sixty-five (365) days from the date of denial.
8) Time period to implement variance. Unless otherwise stipulated by the community development
board, the work to be performed pursuant to a variance shall begin within twelve (12) months from
Exhibit A
the date of approval of the variance. The planning and community development director, upon
finding of good cause, may authorize a one-time extension provided that an associated building
permit is active.
9)Appeals of a decision by the Community Development Board related to this chapter may be
made to the city commission by any adversely affected person(s), any officer, board or department of
the city affected by any decision of the community development board made under the authority of
this chapter. Such appeal shall be filed in writing with the city clerk within thirty (30) days after
rendition of the final order, requirement, decision or determination being appealed. The appellant
shall present to the city commission a petition, duly verified, setting forth that the decision being
appealed is in conflict with or in violation of this chapter, in whole or in part, and specifying the
grounds of the conflict or violation. A duly noticed public hearing, which shall be de novo, will be held
by the city commission at a date and time set by the city manager or his/her designee, shall 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. 23-26. - Fees.
a) Application fees. The city commission hereby establishes the following fees related to the
administrative costs of carrying out the requirements of this chapter. These fees shall be payable to
the city upon submittal of an application _ _ •--- _ __. __ _ . _-_ for approval,
amendment, or extension of a permit required by this chapter, or for each required re-inspection, or
when a final action or decision by the administrator is appealed. Applications for tree and vegetation
removal related requests shall not be considered as complete applications until such time as required
fees have been paid in full.
1) Tree and vegetation removal permit application. The tree and vegetation removal permit
application fee shall cover the processing and review of the application as well as one (1) initial
inspection, one (1) protective barricade inspection, one (1) final inspection and one (1)
maintenance inspection per year. Any additional inspections required due to inadequate site
preparation or reports of violation of the provisions of this chapter will be charged a reinspection
fee as provided below:
a. Single- or two-family residential uses (per lot) $ 125.00
b. Single removal of legacy tree 25. 00
sb. Multifamily residential uses 250.00
4c. Commercial or industrial uses 250.00
ed. Institutional and any other uses 250.00
2) Minor amendments 50.00
32) Extensions 50.00
43) Appeals 125.00
4) Variances300.00
b) Reinspection fees. 50.00
c) Research or extensive time fees (per hour). 50.00
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Exhibit A
Secs. 23-27-23-29. - Reserved.
DIVISION 4. -GENERAL PROVISIONS
Sec. 23-30. - Minimum tree requirements.
These minimum tree requirements shall apply to all property within the city that is subject to the
pr-evisions of this chapter. Credit will be given for trees on the Atlantic Beach Recommended Species List,
but none will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-1767 of this
Municipal Code of Ordinances also provides additional landscaping requirements for nonresidential uses.
1) Residential uses. For each parcel upon which a single-family, two-family or multifamily dwelling
unit, or associated residential accessory unit is proposed, or where the primary activity is
residential in nature:
One (1) minimum four-inch caliper tree shall be planted and/or preserved for every two
thousand five hundred (2,500) square feet of development parcel area or portion thereof,
excluding therefrom preserve areas and water bodies. Of the minimum required trees, at least
one (1) tree shall be a shade tree planted-pr-evided or preserved within the required front yard. A
cluster of three (3) palm trees, subject to other conditions of this Chapter, may be used to meet
the requirements of a single shade tree within required front yards on oceanfront lots only.
2) Commercial uses. For each parcel upon which a commercial structure or associated accessory
use is proposed, or where the primary activity is commercial in nature:
One (1) minimum four-inch caliper tree shall be planted and/or preserved for every eight
thousand (8,000) square feet of parcel area or portion thereof, excluding therefrom preserve
areas and water bodies.
3) Industrial uses. For each parcel upon which an industrial structure or associated accessory use
is proposed, or where the primary activity is industrial in nature:
One (1) minimum four-inch caliper tree shall be planted and/or preserved for every ten thousand
10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and
water bodies.
4) Public/semi-public (governmental or institutional) uses. For each parcel upon which a
government structure or associated accessory use is proposed, or where the primary activity is
public/semi-public in nature:
One (1) minimum four-inch caliper tree shall be planted and/or preserved for every ten thousand
10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and
water bodies.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-31. -General prohibitions.
Except as provided in Sections 23-21 and 23-22, the following general prohibitions shall be applicable.
a) Excessive or improper pruning. It shall be unlawful for any person to engage in excessive or improper
pruning techniques on trees intended for shade purposes where such trees are required pursuant to
an approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of
trees that create a clew-risk of danger to persons or property during flood, high wind or hurricane
eients.
Exhibit A
b) Pruning or removal of city trees. It shall be unlawful for any person to trim, prune, or remove any tree
which is within the city's rights-of-way or upon any other city property without the permission of the city
as evidenced by the appropriate permit.
c) Tree poisoning. girdling, or spiking. It shall be unlawful for any person to subject a tree to any danger
from poison or reactive material, from girdling with wire, cable or similar material,
or from inserting metal or chemicals into a tree for the purpose of causing the trcc to die or become
diseased.
d) Attachments. It shall be unlawful for any person to attach anything, including signs, permits, nails or
spikes that may be injurious or cause damage, to a tree having a diameter of three(3)or more inches
caliper. Exceptions are protective wires, braces or other devices used to support a tree.
manner or for any purpose unless a proper tree removal permit has been issued. The extent to which
to that proposed to be removed. If clearing is authorized, the minimum requirement
shall be met.
fe) Unauthorized clearing of developed lots. It shall be unlawful for any person to clear the trees from
any developed lot such that the minimum requirements of section 23-30 are not maintained.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-32. -Tree protection during development and construction.
It is the intent of this Section that on all properties under development, regardless of whether or not a tree
removal permit is required, the property owner(s) and their agent(s) shall ensure that the measures
described in this Section are complied with in order to protect all regulated trees that may be impacted by
the development activities.
a) Restrictions during construction.
1) Placement of materials, machinery, or temporary soils. It shall be unlawful for any person(s) to
cause or allow the storage of construction materials, the passing of or use of heavy equipment or
machinery, or the temporary storage of soil deposits within the tree protection zone of any
regulated tree or group of trees to be preserved_retained.
2) Disposal of waste materials. It shall be unlawful for any person(s) to cause or allow the disposal
of waste materials such as paint, oil, solvents, asphalt, concrete, or mortar on any private
property. Further,ep-any of these or other materials that may be harmful to the life of a regulated
tree may not be allowed to sit on or enter the soil within the tree protection zone of any tree or
groups of trees, or where planting beds are to be situated.
b) Burden of tree protection on property owner. The property owner(s) and their agent(s) shall ensure
that any tree shown on the vegetation inventory for which a tree removal permit has not been obtained
is to be protected. The property owner shall guarantee survival of retained trees preserved, relocated,
and replacement trees for no less than three (3) years from the date the city accepts the trees and
landscaping as complete, unless a greater time period is required by a development order. If a
preserved, relocated retained or replacement tree dies during that time period, the property owner
shall replace the tree in accordance with a remedial action as required by this chapter.
c) Protective barriers and signage required. Protective barriers and signage shall be installed around
every tree or group of trees to be preserved prior to commencement of construction, in compliance
with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida
Division of Forestry and/or any other reasonable requirements deemed appropriate by the
administrator to implement this part.
Exhibit A
1) Temporary protective barriers shall be placed at least six (6) feet from the base of any tree, and
shall encompass at least fifty (50) percent of the area under the dripline of any tree or trees to be
preserved or retained for mitigation credit, unless otherwise approved by the administrator.
2) Temporary protective barriers shall be at least three (3) feet high, and shall consist of either a
wood fence with two-by-four posts placed a maximum of eight (8) feet apart with a two-by-four
minimum top rail, or a mesh fence, or other similar barrier which will limit access to the protected
area, unless otherwise approved by the administrator.
3) Waterproof, rigid sign(s) shall be affixed to each individual barricade, such that there is one (1)
words, and will be made available by the city at the time of permit issuance:
1 . •
TREE PROTECTION ZONE(TPZ)
No grade change, storage of materials, •assa.e of or storage of vehicles or equipment is permitted
within this TPZ. This tree protection barrier must not be removed or altered without the written
authorization of the City of Atlantic Beach. For information, call (904) 247 5800.
d) Adjacent properties. The property owner(s) or-and their agent(s) shall ensure protective barricading
of all regulated trees located on adjacent properties, that have root or branch systems that encroach
upon the subject property, and that may potentially be impacted by development activities.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-33. - Mitigation to be assessed.
Exhibit A
a) Mitigation required. Replacement or relocation shall be the preferred methods of mitigation. Unless
mitigation in the form of payment into the tree conservation trust fund has been approved in
accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation
shall be required to offset any impacts resulting from the removal of regulated trees/vegetation as a
condition of the tree or vegetation removal permit. Replacement or relocation shall be the preferred
methods of mitigation.
b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the
following table, such that the number of inches removed (first number) are proportional to the number
of inches required to be replaced, relocated or preserved . -
the inches removed (second number):
TABLE 1. STANDARD MITIGATION ASSESSMENT
CLASSIFICATION OF CLASSIFICATION CATEGORY OF REGULATED TREE
PROPERTY/PROJECTS
Diameter at breast
Diameter at
Protected Diameter [height (DBH) equal
1 at breast height to or greater than
breast height
Heritage
DBH) less than fourteen (14)
DBH) of thirty
fourteen (14) I inches and less I(
30) inches or Ratio is
igreater expressed as
inches I than thirty(30)
inches
inches Ratio is expressed
1 Ratio is expressed removed:
las inches
as inches removed: Ratio is expressed ! inches owed
j removed:inchesinchesowedlasinchesremoved:
owed
inches owed 1
Vacant
lots
1 :24-0.5 I 1 :4:5 0.5 11 :2 1 1 :12_5
i 1 i
T
Developed lot' 11 :3 0.5 1 :1-5 1 1 : 2 1 : 3
Public parcels New
1 : 1.5 1 : 2 i1 : 3 1 : 4
construction3
1
Public property rights of I_
1 : 1.5 11 : 2 1 1 : 3 j 3-4-1 : 4
way, easements,etc.
1
2 11 : 2 1 : 3
Environmentally
134-1 4
sensitive areas
124-1
j
T
Historic corridor x4-1 : 2 1 : 2 1 : 3 34-1 :4
Exhibit A
Where a property falls under the definition of a vacant lot and new construction, the mitigation
requirements for a vacant lot shall apply.
Vacant lot shall mean any property not previously developed with a structure of any kind or a property
where all structures were removed more than twenty (20) years prior to the date of the tree removal
application.
2Developed lot shall mean any parcel upon which any building, structure, pavement or stormwater facility
exists or is proposed but which does not fall under the definition of new construction or vacant lot.
3New construction shall mean the construction of a new principal building. For the purposes of this
chapter, this definition does not include construction proposed on vacant lots. This definition shall include
construction proposed on lots that have an active permit for demolition of the principal building; lots where
the principal building has been demolished but no building permit for a new principal building has been
issued; and where trees are proposed to be removed or relocated in preparation for demolition or
development of a principal building.
4Environmentally sensitive areas shall include lands, waters or areas within the City of Atlantic Beach
which meet one or more of the following criteria:
a) Wetlands determined to be jurisdictional, and which are regulated by the Florida Department
of Environmental Protection (FDEP), the U.S. Army Corps of Engineers, or the St. Johns
River Water Management District (SJRWMD)
b) (b) Estuaries or estuarine systems;
c) Outstanding Florida Waters as designated by the State of Florida and natural water bodies;
d) Areas designated 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 designated as conservation on the future land use map,
f) Essential habitat to listed species as determined by approved methodologies of the Florida
Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer
Services, the U.S. Fish and Wildlife Service, and the FDEP.
5Historic corridor shall mean a tree lined roadway or portion thereof that exhibits special historic,
architectural, or cultural value to the citizens of the city as declared by the city commission.
c) General conditions. Mitigation shall be in the form of preservation of existing trees, successful
relocation of existing trees, replacement with new trees, or payment into the tree fund as authorized
by this chapter _ • e- _ _ •-- _ -• _ _ _ __ •• . - •- • - _ - shall occur within
thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval if it is in
association with a development permit, whichever time is shorter, unless a greater period is provided
for good cause by the permit. The applicant assumes all duties, risks and costs associated with
mitigation.
d) Tree preservation. Only residentially zoned parcels that currently have an active building permit for a
new principal building may receive preservation credit in accordance with following. For each€existing
onsite trees that are-is a designated maritime species, as defined in this chapter, and that is fourteen
14)three(3) inches DBH or greater -*e • - - - -- -- - - -- •e •- - -- - - • - e• - •e
that
is preserved onsite, the total number of inches required for mitigation shall be reduced by twenty five
percent(25%), up to a maximum reduction of fifty percent(50%)or forty(40) inches, whichever is less.
For example, if one hundred (100) inches of mitigation is required and one twenty (20) inch DBH live
oak tree is preserved on-site the required mitigation would be reduced by twenty five percent(25%)to
seventy five (75) total inches of mitigation required.
Exhibit A
e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater that are relocated and
that would otherwise be removed from the site because of development may be utilized as credit
towards the assessed mitigation, subject to the other conditions stated in this section, if relocated
onsite.
f) Tree replacement.
1) Replacement quality and size. To help ensure that they grow to maturity quickly, Nnew
replacement trees shall be the same quality of "Florida Number One", as defined in the most
current edition of the Grades and Standards for Nursery Plants, published by the Florida
Department of Agriculture and Consumer Services, Division of Plant Industry.
a. Oaks shall have a minimum four-inch caliper and twelve-foot height at time of installation.
b. All other new replacement trees shall have a minimum two-inch caliper and ten-foot height
at time of installation.
c. Palms shall have a minimum clear trunk height of eight(8) feet at time of installation.
d. New replacement shade trees shall be of a species typically yielding an average mature
crown spread of no less than thirty (30) feet in Northeast Florida and shall be chosen from
the Atlantic Beach Recommended Species List, maintained and published by the city. Upon
approval of the administrator, alternate species not appearing on the recommended list may
be utilized, but in no case shall trees from the Atlantic Beach Prohibited Species List, also
maintained and published by the city, be utilized for mitigation credit.
e. In the event that a property cannot reasonably accommodate required mitigation on site, the
property owner can get replacement credit for planting trees on an immediately adjacent
neighbor's property. For vacant lots only, the property owner may get replacement credit for
planting trees on any private property within one quarter (1/4) mile of the vacant lot. This
shall only be done as an alternative to payment into the tree fund when it can be proven that
a site cannot fit required replacement plantings. A signed letter from the neighbor the
property owner accepting off-site mitigation plantings and maintenance obligations shall be
attached with the tree permit application.
f. Atlantic Beach Recommended Species List. Replacement trees shall [be] selected from the
following list. This list was created based on hardiness, disease and pest resistance,
availability, and size variance. No mitigation credit will be approved for trees that are not on
this list, unless approved by the administrator.
CITY OF ATLANTIC BEACH RECOMMENDED TREE LIST
SHADE TREES
Common Name Botanical Name
Ash, Green Fraxinus pennsylvanica
Ash, Water Fraxinus caroliniana
Bay, Loblolly Gordonia lasianthus
Cedar, Southern Red Juniperus silicicola
Exhibit A
Cypress, Bald Taxodium distichum
Cypress, Pond Taxodium ascendens
Elm, American Ulmus americana
Elm, Florida Ulmus american floridana
Elm 'aceb3rk Ulmus parvifolia
Hickory, Mockernut Carya Tomentosa
Hickory, Pecan Carya illinoensis
Hickory, Pignut Carya glabra
Hickory, Water Carya aquatica
Loquat,Japanese Plum Eriobotrya japonica
Magnolia, Southern Magnolia grandiflora
Magnolia, Sweetbay Magnolia virginiana
Maple, Florida Acer barbatum
Maple, Red Acer rubrum
Oak, Live Quercus virginiana
Oak, Shumard Red Quercus shumardii
Oak, Swamp Chesnut Quercus michauxii
Pine, Loblolly Pinus taeda
Pine, Long-leaf Pinus palustris
Pine, Pond Pinus serotina
Exhibit A
Pine, Slash Pinus elliottii
Sugarberry Celtis laevigata
Sweetgum Liquidambar styraciflua
Sycamore Platanus occidentalis
Tupelo Nyssa sylvatica
PALM TREES
Common Name Botanical Name
Palm, Cabbage Sabal palmetto
Palm, Canary Island Date Phoenix canariensis
Palm, Pindo Butia capitata
Palm, Sylvester Date Palm Phoenix sylvestris
Palm, Washington Washingtonia robusta
UNDERSTORY OR ORNAMENTAL TREES
Common Name Botanical Name
Cedar, Red Juniperus virginiana
Crape Myrtle Lagerstroemia indica
Elm, Winged Ulmus alata
Holly,American Ilex opaca
Exhibit A
Holly, Dahoon Ilex cassine
Holly, East Palatka Ilex attenuata
Holly,Yaupon Ilex vomitoria
Oak, Myrtle Quercus myrtifolia
Oak, Sand Live Quercus geminata
Ok\indcr Ncrium olcana,,r
Podocarpus, Yew Podocarpus macrophyllus
Privet, Glossy Ligustrum lucidum
Privet,Japanese Ligustrum japonicum
Redbud Cercis canadensis
Wax Myrtle Myrica cerifera
2) Selection criteria.
a. New AH oaks removed pursuant to a permit shall be mitigated with the preservation,
relocation, or planting of used to replace removed oaks, unless payment is made to the tree
fund in accordance wtih Section 23-37. Replacement credit for oaks shall be limited to the
species of oak trees listed on the Atlantic Beach Recommended Species List. Upon approval
of the administrator, hardwood species yielding similar canopy may be used to mitigate
removed oaks.
b. NewThe planting or relocation of palms trees may only be used as replacement trees when
replacing species other than mitigation for removed palms trees. Replacement credit for
requirements of a single shade tree.
c. When a legacy tree Designated Maritime Species is removed, replacement mitigation credit
shall only be given for the planting, preservation, or relocation of a Designated Maritime
Sspecies that is on the legacy tree list. This shall not be limited to the exact same species;
When a legacy tree Designated Maritime Species is removed, at least twenty-five (25)
percent of mitigation shall be provided on site in the form of replacement. Incentive credit
Exhibit A
shall be granted for the use of legacy trees Designated Maritime Species when replacing
protected regulated trees that are not on the legacy tree a Designated Maritime Species-est.
The incentive credit is equal to two (2) times the normal replacement credit. For example, if
one ten (10) inch DBH southern magnolia tree is removed, any tree(s) planted for mitigation
credit must be one of the Designated Maritime Species. However, if one ten (10) inch palm
tree is removed, any tree planted for mitigation credit that is a Designated Maritime Species
will receive double credit(i.e. one four(4) inch caliper live oak will receive eight (8) inches of
mitigation credit). The following species are legacy trees:
1. Bald Cypress (Taxodium distichum) twenty (20) inches in diameter or greater.
2. Cedar (Juniperus siliciola) (Southern Red Cedar), J. virginiaba (Eastern Red Cedar)
twenty (20) inches in diameter or greater.
3. Elm (Ulmus alata) (Winged Elm), Ulmus American floridana (Florida Elm), twenty (20)
inches in diameter or greater.
4. Oak (Quercus virginiana) (Live Oak) twenty (20) inches in diameter or greater and
Quercus geminata) (Sand Live Oak) eight (8) inches in diameter or greater.
5. Hickory (Carya Illinoensis) (Pecan), C. tomentosa (Mockernut), C glabra (Pignut
Hickory)twenty (20) inches in dimater or greater.
6. Loblolly bay (Gordania lasianthus)twenty (20) inches in diameter or greater.
7. Magnolia (Magnolia grandiflora) (Southern Magnolia) Magnolia virginiana (Sweetbay
Magnolia) twenty (20) inches in dimater or greater.
8. Maples (Acer rubrum (Red Maple), Acer Barbatum (Florida Maple) twenty (20) inches
in diameter or greater.
9. Tupelo(Nyssa sylvatica) twenty (20) inches in diameter or greater.
3) Placement criteria.
a. Avoidance of underground utilities. No trees except those with a normal mature height of
less than thirty (30) feet may be planted within five (5) linear feet of the centerline of any
utility easement.
b. Avoidance of aboveground utilities and public facilities. No trees may be planted closer than
the following distances to any curbs, curb lines, sidewalks or aboveground utilities than the
following, except for plans demonstrating no conflict with existing aboveground utilities or
public facilities, and approved by the administrator:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall
have a minimum setback of three (3) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall
have a minimum setback of six (6) feet.
3. Large trees with normal mature height of fifty (50) feet or more shall have a minimum
setback of ten (10) feet.
c. Spacing. The following spacing requirements shall serve as general guidelines for the optimal
growth and viability of trees, though trees may be planted closer together upon approval of
the administrator:
1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be
spaced at least ten (10) feet.
2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be
spaced at least twenty (20) feet.
3. Large trees with normal mature height of fifty (50) feet or more shall be spaced at least
thirty (30) feet.
Exhibit A
4. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing
requirements of the largest tree.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23-34. - Maintenance and monitoring requirements.
The applicant property owner shall be responsible for maintaining the health of any preserved,
relocated or replacement or relocation trees for three (3) years from the date of the final inspection
approving the work planting. Failure to ensure the viability of the tree(s) is a violation of this Chapter and
subject to section 23-46.
1) Determination of success. The applicant property owner shall determine analyze the condition
of each tree, three(3)years after the tree was preserved, relocated or planted. Thi
analysis shall be submitted to the city for inspection and approval within thirty (30) days of being
made.
Should any tree die or be in a state of decline within three (3) years of being preserved.
relocated, or that property owner shall be required to replace the
tree within sixty (60) days of that determination. The three-year monitoring and approval period
shall begin anew whenever a tree is replaced. If that replacement tree is found not to be viable
at the end of the second monitoring period, the applicant property owner may pay the
appropriate amount into the tree fund in lieu of planting a third replacement tree. If the applicant
property owner fails to replace the tree or to pay the appropriate amount into the tree fund within
sixty (60) days, the applicant property owner shall be in violation of this chapter.
2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees, or the planting
of one hundred (100) or more replacement trees, the determination of success for the overall
mitigation effort shall be based upon a percent survival rate. A successful project shall be one (1)
in which ninety (90) percent or more of the newly planted or relocated trees are determined to be
viable after a period of three (3) years. If a large-scale project is determined to be successful on
this basis, additional replacement trees will not be required. If this success rate is not met, then
Section 23-34(1) shall apply.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-35. - Elimination of undesirable species.
a) The natural vegetative communities existing within the city shall be protected by the control and
elimination of non-native invasive species. To that end, the following guidelines shall apply:
1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for
mitigation credit.
2) Removal of nonnative invasive species from nonresidential properties (excluding jurisdictional
wetlands), shall be completed, whenever practicable, as a requirement for approval of any
development permit issued by the city or the issuance of a certificate of occupancy if applicable.
3) Procedures for the control and elimination of non-native invasive species shall in no way promote
the proliferation of the species through the dispersal of seed or other means.
4) Procedures for the control and elimination of non-native invasive species shall in no way harm
or cause the decline of desirable species that are to be preserved, planted or relocated.
b) Atlantic Beach Prohibited Species List. The following species or sub-species of trees are not regulated
protected trees under this chapter, and are exempt from mitigation. The trees on this list shall not be
accepted for mitigation replacement or relocation credit.
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Onokon6 wn p sd enenD
Oloinaiuod oua.lnariaoj aaJlu!ea uap!op
siwJoJi/naiJno D/JDJD epee jea!Je3
oinpuad ouuasi e!sseJ 8u!gw!iD
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wniajgas wnidosl asaum
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siunutwo3 snu uj ueaq Jo sed
sap!oipJoaouo sisdoiuodnai pooh}oJJeD
ouoiuijoioa snunid kJaya!aJnei eu!!oiej
oiogdwoa wnwowouuia aaJ;Jogdwej
sn!/ojiypu!gaJai snuiyas addad uemzeJg
OJ uOnO[DIJOI.pas/q egoips!g
OJnOjb OuponsoJ au!d ue!!eJisny
OUOIWOIjbU!UUnJ DUIJDnSDJ au!d ue!!e.;sny
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Exhibit A
Mimosa tree albizia julibrissin
Orchid tree bauhinia variegata
Schefflera schefflera actinophylla
Seaside ma hoe thespesia populnea
Shoebutton ardesia ardisia elliptica
Strawberry guava psidium cattleianum
Woman's tongue albizia lebbeck
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)
Sec. 23- 36. - Elimination of contagious diseased and pest-infested trees.
The natural and cultivated vegetative communities existing within the city shall be protected by the
control and elimination of trees afflicted with rapid-spreading contagious diseases and pests. Upon
identification and/or confirmation of such infection or infestation by a certified arborist-er--ether-qualified
professional, the city shall give notice to the property owner to remove the afflicted tree. Such tree
removal shall be exempt from the permit application requirements, as set forth in section 23- 22. Further,
mitigation shall not be required, provided however, the subject property is in compliance with minimum
tree requirements, as set forth in section 23-30.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-37. - Payment in lieu of replacement/relocation.
It is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite.
Payment to the tree fund in lieu of replacement or relocation shall not be construed as a routine mitigation
option. Rather, it shall be reserved for cases where the ability to replace or relocate trees onsite is
restricted by circumstances related to federal, state or local regulations and requirements including but
not limited to conflicts with rights-of-way, utilities, stormwater facilities, septic fields and environmentally
sensitive areas. The value to be paid into the tree fund shall be established and adopted by resolution of
the city commission, and payments to the tree fund may be approved in accordance with the following
provisions:
1) For single and two family residential uses. If an applicant, at the time of application,
section 23 23. The remaining balance of the required mitigation shall be payable to the tree fund
Exhibit A
21) For commercial, industrial and all other uses. Applications for tree or vegetation removal permits
for all uses and development, other than single and two family residential uses, shall replace or
relocate required mitigation onsite, except in cases where the administrator finds, based upon the
above stated conditions, that onsite mitigation is not possible. Upon approval of a mitigation plan
by the administrator, a permit shall be issued by the administrator, and the remaining balance of
the required mitigation shall be payable to the tree fund within seven (7) days of such
prior to permit issuance.
22) Where payment in lieu of preservation, relocation, or replacement or relocation is approved, as
set forth in preceding subsections (1) or (2), the applicant shall pay the equivalent value of the
portion not mitigated planted or relocated, to the city's tree fund. The approved mitigation payment
shall be payable to the tree fund within seven(7)calendar days of the approved
in the filing of a lien on the subject property prior to permit issuance.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23- 38-23-39. - Reserved.
DIVISION 5. -AREAS OF SPECIAL CONCERN
Sec. 23-40. -Applicability.
There exist within the city certain areas which contain trees or vegetation of special value and
concern, or areas of such substantial gfeat-social, cultural, historical, ecological, environmental or
economic significance that they may warrant added measures of protection.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-41. - Historic corridors and heritage trees.
a) Designation. The city commission may by resolution designate historic corridors or individual heritage
trees. In doing so, the city commission shall specifically identify those streets, or portions thereof, or
trees, which shall be so designated. Trees, tree groups, or landscape groups so designated may be
marked by signs or markers of a type to be determined by the city commission. Said signs or markers
shall contain the words "Heritage Tree" or "Historic Preserve Corridor" and shall denote the date of
designation and the historic significance of the tree, tree group, or landscape group. Upon designation
of corridors, professional tree surveys shall be obtained and placed in the public record.
As of May, 2021 the only designated historic corridor is the public colonnade of palms in the city right-
of-way on the east and west sides of both Ocean Boulevard and East Coast Drive from Atlantic
Boulevard to Tenth Street.
b) Criteria. In considering whether a tree shall be designated as a heritage tree, the city commission
may consider the intrinsic value of the tree due to its age, size, species, and/or cultural, ecological or
historical significance or some other contribution to the city's or a neighborhood's character.
In considering whether roadways or portions thereof shall be designated as historic corridors, or when
a private property owner desires to protect a colonnade on private property, the city commission may
consider the following criteria:
1) The presence of historically or culturally significant tree coverage or landscaping, as individual
plants or in groupings.
2) The presence of culturally significant tree coverage or landscaping.
Exhibit A
32) The presence of significant historic or architectural structures with associated tree coverage or
landscaping.
3) Requests from private property owners may be made for colonnades on their property. In the
event that colonnades on private property are designated as a historic corridor or a portion
thereof, it shall be the responsibility of the private property owner to record a restrictive covenant
as is necessary to make such designation binding on subsequent owners of their property.
c) Documentation. The administrator shall maintain a record of all historic corridor and heritage tree
designations and their location shall be reflected on city maps as such.
d) Mitigation. Mitigation required for the removal of designated heritage trees and trees within designated
historic corridors, shall be at a higher rate than removal of nondesignated tree(s), as specified in
section 23-33, as an extra measure to strongly encourage protection of such irreplaceable trees.
e) Effect of historic corridor designation. Trees, colonnades, and landscape areas along roadways, or
portions thereof, which have been designated as historic corridors shall not be damaged, mutilated or
removed from public or private property by any person or entity,public or private,without prior approval
of the city commission, except in the event of an emergency. Removal shall be permitted in the
following conditions:
1) When safety of the general public or adjacent residents or property is threatened by such historic
trees, or
2) Removal is necessary for ingress to and/or egress from the property, or
3) Special circumstances exist, such as necessity of handicap accessibility, which require removal,
or
4) There is another similar valid, legitimate reason for removal.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Secs. 23-42-23-45. - Reserved.
DIVISION 6. -VIOLATIONS, ENFORCEMENT AND PENALTIES
Sec 23-46. -Violations.
Violations by any person of this chapter, including without limitation failure to make proper
application for a tree or vegetation removal permit as required by these provisions, or failure to implement
any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this
chapter, and 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 Municipal Code of Ordinances and
any other remedies available under applicable law.
1) Development activity. It shall be a violation of this chapter for any person(s) to engage in
development or other activity, which has the potential to damage, destroy or remove, or cause
the destruction or removal of any tree or vegetation as regulated herein, without complying with
all applicable provisions of this chapter.
2) Compliance with approved permit. It shall be a violation of this chapter for any person who has
obtained a permit from the city pursuant to the requirements of this chapter to fail to comply with
the requirements of the approved permit and any conditions attached thereto.
3) Compliance with general conditions of permit. The following minimum conditions shall apply to
every permit issued pursuant to this chapter, and violation of or failure to comply with any such
condition(s) shall be a violation of this chapter:
Exhibit A
a. Permit and plans onsite. Approved permits and plans shall be available onsite at all times
during development or tree removal activity.
b. Responsible individual onsite. Whenever site work is ongoing, there shall be an individual at
the site who shall be responsible for the ongoing work and who shall have the familiarity with
the project to ensure work is proceeding according to approved plans. This provision is not
intended to require that a single individual remain onsite during all operations, only that at all
times there shall be a designated person in responsible charge.
4) Maintenance requirements. It shall be a violation of this chapter for any person(s)who is engaged
in development activity on property located within the city or in accordance with a permit issued
by the city pursuant to this chapter, or who has obtained title to property upon which such activities
have taken place, to fail to comply with the minimum standards and maintenance requirements
set forth herein.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-47. - Notice of violation.
Whenever the administrator determines that a violation of this chapter has occurred, the
administrator shall immediately issue written notice to the person(s) in violation, identifying the nature and
location of the violation and specifying that remedial action is necessary to bring the violation into
compliance. The person(s) in violation shall immediately, conditions permitting, commence remedial
action and shall have seven (7) calendar days after the receipt of notice, or such longer time as may be
specified in the notice, to complete the remedial actions required to bring the violation into compliance
with this chapter.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-48. -Stop work order.
a) Authority to stop work. The city manager or designee of the city manager shall have the authority to
immediately issue a stop work order in any of the following circumstances:
1) Whenever land is being cleared without an approved permit or in a manner inconsistent with the
approved permit;
2) Upon the failure of the permittee, or failure of the property owner if no permit exists, to take
immediate corrective action when there is an apparent danger to life or property;
3) Whenever ongoing noncompliant work is not immediately and permanently stopped upon receipt
of a written or oral notice of violation;
4) Whenever protection measures have not been implemented or maintained and danger to
regulated trees or regulated vegetation exists or may be-appears imminent;
5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section
is not completed in the time period specified; or
6) Upon failure to post or have the approved permit and plans available onsite.
b) Content and scope of stop work order. The stop work order shall specify the circumstances that have
resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial
work as is deemed necessary to bring the violation into compliance, or it may specify the cessation of
specific work by functional nature, such as land clearing, regulated tree or regulated vegetation
removal, grading, roadway construction, building erection or utility construction. The order may apply
to the entire project or to geographical portions of the project that may be individually specified.
Exhibit A
c) Failure to comply after notice of violation and stop work order. If the person(s) in violation fails to
complete the required remedial action within the prescribed time, or continues any development
activity in violation of a stop work order, the administrator may initiate code enforcement action
pursuant to chapter 2, article V, division 2 of the Code of Ordinances, or other remedies as authorized
by law.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 5-19-68, § 3, 2-11-19)
Sec. 23-49. - Requirement for emergency or immediate corrective action.
Where it is determined by the city that failure to maintain stormwater management facilities, erosion,
sediment or tree/vegetation protection controls, or failure to conform to the provisions of this chapter or
permit conditions, is resulting in danger or damage to life or property, the city may require immediate
corrective action. Protection controls which are breached due to development activity, wind, rain or other
factors shall be repaired within twenty-four(24) hours of breach. Failure to take such immediate corrective
action when notified shall constitute a violation of this chapter. If immediate corrective measures are not
taken by the permittee or property owner and the conditions of the site are such that there is danger or
hardship to the public, the city may enter upon lands, take corrective actions, and place a lien on the real
property of such person(s) to recover the cost of the corrective measures. In addition, the administrator
may revoke any permit issued pursuant to this chapter.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-50. - Code enforcement action.
Failure to complete remedial actions required to bring the violation into compliance with this chapter
shall result in code enforcement action pursuant to chapter 2, article V, division 2 of the Mun+s+p-a- Code of
Ordinances as well as other remedies available under applicable law.
Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)
Sec. 23-51. - Penalties.
a) General provisions. Any person(s) violating a provision of this chapter shall be punishable according
to the law or in accordance with the findings of the duly appointed special magistrate.
1) Violations of this chapter are considered irreparable and irreversible in nature.
2) Each day any violation continues shall constitute a separate offense.
3) Each regulated tree removed from a site in violation of these regulations shall constitute a
separate offense.
4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a
separate offense.
5) Person(s) charged with violations of this chapter may include:
a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building
or premises where such violation exists.
b. Any person(s)who maintains any land, building or premises upon which a violation exists.
c. Any person(s) who knowingly commits, takes part, or assists in such violation.
b) Building permits. No building permit shall be issued for a site unless and until a required tree or
vegetation removal permit has been icued, or while any violation of this chapter exists on the subject
site.
Exhibit A
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—Intent.
The maritime forest in Atlantic Beach is core to the city's identity as a small coastal village. The tree
canopy creates beauty, provides a home for wildlife, functions as an element of the water management
system and enhances property values. It is in the best interest for this committee to be the stewards of
the tree canopy through advocacy, assessment, maintenance, planting and preservation of this natural
resource. The city parks provide open spaces for recreation, exercise, wildlife habitat, relaxation and
encounters with the natural world. This committee intends to support the community to provide a variety
of park spaces that are well maintained, accessible and secure. This committee shall take the lead and
set high community standards in the beautification and maintenance of public spaces located within the
city. The Atlantic Ocean, the St. Johns River and the Intracoastal Waterway have a great deal of influence
on the micro climate, drainage issues and the diverse vegetation and wildlife that thrive within the city.
The care and health of the coast and marsh must be paramount in every recommendation made by this
committee about the use of our land, water system and tree canopy.
a) Environmental stewardship committee purposes. It shall be the purpose of the environmental
stewardship committee:
1) To study and make recommendations to the city commission and city staff with respect to
the city's:
a. Maritime forest;
b. Parks and open spaces;
c. Beautification of public and private spaces; and
d. Environmental stewardship.
Exhibit A
2) To act as a motivating and coordinating body to encourage joint public and private
participation in promoting these purposes.
b) Environmental stewardship committee—Scope of activities. The environmental stewardship
committee shall provide guidance and support to the city commission and city manager and, upon
request by the city commission or city manager, shall provide written recommendations, in the
following areas:
1) Maritime forest:
a. Clarifying and strengthening the city's processes and all tree and landscape related city
codes and ordinances;
b. Monitoring the appropriate administration and enforcement of the city's ordinances;
c. Promoting transparency through online access to relevant information;
d. Developing and maintaining environmental education and outreach programs about the
maritime forest and relevant codes;
e. Promoting appropriate planting and care of trees on private property to owners,
developers, builders, and tree/landscape service contractors;
f. Developing and maintaining a long-term tree plan that includes an assessment of the
tree canopy, projecting future needs, and developing a calendar and budget for tree
planting in parks, public spaces and along streets and right-of-ways;
g. Promoting tree canopy advocacy including upholding the city's status as a bona fide
Tree City USA";
h. Developing a process for systematic, review of the city's enforcement of the existing
tree codes, including the long-term health of trees planted for mitigation; and
i. Developing and maintaining a process for citizens to communicate possible violations to
the city.
2) Parks and open spaces:
a. Developing and maintaining a long-range plan to protect, improve and beautify park
spaces;
b. Improving access to and amenities for parks including disability accommodations, bike
paths, parking, signage and other user friendly features;
c. Expanding the city's inventory of parks and conservation land through acquisition or
other means; and
d. Maintaining a web-based, publicly accessible inventory of parks including their history,
archeological value, rules of use, deed restrictions and conservation easements.
3) Beautification of public and private spaces:
a. Enhancing public spaces, including public rights-of-way, roadsides, city buildings,
beach accesses and other publicly held properties with art, carefully maintained
landscape design and plantings;
b. Incentivizing and advocating for beautification of private and commercial spaces;
c. Reducing the number and appearance of degraded or blighted properties; and
d. Developing a design theme/community branding for signage, bus shelters, lighting and
other elements of the built environment.
4) Environmental stewardship:
a. Utilizing best practices, including a science based approach, when making any decision
about development and its impact on our environment;
Exhibit A
b. Protecting the beach, dunes, marshlands and wetlands as critical defenses in hurricane,
erosion and flooding conditions;
c. Communicating the dynamics of tidal drainage and floodplain with the goal of preserving
the city's flood management system;
d. Reviewing the city's environmental codes and ensuring enforcement of rules including,
but not limited to, dumping, septic tanks and commercial pollution; and
e. Reviewing, updating and maintaining the Marsh Master Plan for adherence to current
research about sea level change and wetlands preservation.
c) Membership, terms, appointments, geographic requirements, composition.
1) Membership. The environmental stewardship committee shall be composed of eleven (11)
members. One half of the filled seats A majority of the members of the committee shall
constitute a quorum. No member of the committee shall hold any other public office in
violation of Article II, Section 5(a), Florida Constitution.
2) Terms. Following the expiration of the terms of office of the inaugural board members, all
members shall serve three-year terms. Members shall not serve more than three (3)
consecutive terms on the committee. All terms shall expire on December 31 of the proper
year, provided, however, that members whose terms expire shall continue to serve until
replacement appointments are effective. Any committee member who wishes to resign
should submit a letter of resignation to the chairman and city clerk. Any vacancy during the
unexpired term of an appointed member shall be filled for the remainder of the term. Should
the length of the unexpired term be less than one (1) year, then such appointment shall not
count towards the maximum number of consecutive terms.
3) Appointments. Except for the inaugural committee members, committee members shall be
selected by the board member review committee and shall be confirmed by the commission.
The commission shall select the inaugural committee members as follows:
Member Representation Appointed By
At large Mayor(3 years)
At large Mayor(4 years)
At large Mayor (3 years)
District 1308 resident Seat 2 commissioner(3 years)
At large Seat 2 commissioner(4 years)
District 1307 resident Seat 3 commissioner(3 years)
At large Seat 3 commissioner(4 years)
District 1306 resident Seat 4 commissioner(3 years)
Exhibit A
At large Seat 4 commissioner(4 years)
District 1312 resident Seat 5 commissioner(3 years)
At large Seat 5 commissioner(4 years)
4) Geographical requirements. There shall be at least one (1) member representing each city
district on the committee. Each committee member must be a full time resident of the city or
own real property in the city. For the purpose of this section, full time residency shall be
defined as the person's principal place of abode. Any member must immediately notify the
city manager and chair in writing upon no longer meeting these membership qualifications.
5) Composition. To the extent possible, committee members should demonstrate at least one
1) of the following skills, experience, expertise, educational background or interests:
a. Knowledge of best practices in environmental management and sustainability;
b. Land development and building construction;
c. Urban planning and design;
d. Arboriculture and horticulture;
e. Landscape architecture;
f. Environmental policy;
g. Environmental and constitutional law;
h. Community engagement; and
i. Educational programming.
d) Organization.
1) The committee shall meet on the second Wednesday of each month. Special meetings may
be called by the chair, provided at least forty-eight (48) hours' notice is provided and that a
majority of the members must agree to the date and time. At its first regularly scheduled
meeting each January, the committee shall elect from among its members a chair, vice chair,
and secretary who shall assume their positions immediately upon election.
2) The chair shall preside at all meetings of the committee. The vice chair shall preside if the
chair is absent.
3) The committee shall be staffed at each meeting by a city staff member appointed by the city
manager to act as the recording clerk. In addition, the city manager or his/her designee shall
attend all committee meetings.
4) Roberts Rules of Order shall be followed at committee meetings. The committee may adopt,
amend, and rescind procedural rules of the committee to aid in implementing the provisions
of this section. All reports, studies, and recommendations made by the committee shall be
approved by the committee before the same may be presented to the city commission or city
manager on behalf of the committee.
5) The committee shall establish a tree subcommittee in accordance with subsection (f) below.
The committee may establish such other subcommittees from among its membership as it
deems necessary to perform its activities. Subcommittees shall report on their progress to
the committee at such times as the committee shall require.All committee and subcommittee
Exhibit A
meetings shall be open to the public and are subject to Florida's Government in the Sunshine
Laws.
6) The committee's recording clerk shall keep minutes of the proceedings, showing the vote
of each member upon each question, or, if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions, all of which shall be
immediately filed in the office of the city clerk and shall become a public record.
e) Removal of members. Any member on the committee may be removed for cause by the city
commission upon written charges and after public hearing. Any member who fails to attend three
3) consecutive meetings without prior notice to the director of planning and community
development or his/her designee and without reasonable cause shall have his office declared
vacant by the committee. The vacancy shall be promptly reported to the city clerk and filled by
the city commission.
f) Establishment of tree subcommittee, membership, terms.
1) There is hereby established a tree subcommittee of the environmental stewardship
committee, referred to in this subsection as the subcommittee. The subcommittee shall
systematically review tree permits submitted to the city for completeness and to determine
compliance with the provisions of this chapter 23 as more particularly described in this
subsection. The subcommittee shall consist of three (3) members and one (1) alternate
member. The alternate shall serve in the case of the absence of any of the three (3)
members. The members of the environmental stewardship committee may volunteer to
serve on the subcommittee and shall be appointed to the subcommittee by the environmental
stewardship committee. All of the members of the subcommittee shall be members of the
environmental stewardship committee. The environmental stewardship committee shall
appoint or remove the members of the subcommittee by a simple majority vote. Filling
vacancies shall take place at the next regular scheduled meeting of the environmental
stewardship committee after a seat on the subcommittee has become vacated. Members of
the subcommittee may serve for as long as they serve on the environmental stewardship
committee.
2) Organization of tree subcommittee.
a. The environmental stewardship committee shall establish a regular meeting schedule
of the tree subcommittee. Unless otherwise determined, the subcommittee's meetings
shall meet on the same date as the environmental stewardship committee.
b. The administrator or designee shall attend all meetings of the subcommittee.A city staff
member designated by the city manager shall act as clerk for the subcommittee. The
clerk shall be responsible for the clerical administration of the subcommittee. The clerk
shall also be responsible for the maintenance and preservation of all records of the
subcommittee in coordination with the city clerk's office.
c. The subcommittee shall utilize the rules of the environmental stewardship committee.
Robert's Rules of Order shall be followed to conduct meetings. All meetings shall be
open to the public. The subcommittee shall keep minutes of the proceedings, recording
the vote of each member upon each question or if absent or failing to vote, indicating
such facts. It shall keep records of its examinations and other official actions, all of which
shall be promptly filed with the city clerk's office and shall become public record. The
subcommittee will operate in compliance with Florida's Government in the Sunshine
Laws.
Atlantic Beach.
1) Initial review period.
Exhibit A
three (3) business days of being deemed sufficient in accordance with section 23 23 of
the complete permit application has been uploaded to the city's website.
b. The subcommittee may review any tree permit applications.
of the diameter at breast height(DBH) of regulated trees on any property.
d. Each member of the subcommittee may independently review any tree permit
c. One (1) member of the subcommittee may accompany the administrator on the initial
cite inspection as an observer. The subcommittee member must make the request to
attend the initial site inspection as an observer within three (3) business days of the
pert being uploaded to the city's website. The subcommittee member shall not
interact with the property owner or the property owner's agents during the site inspection
and shall stay in the vicinity of the administrator during the inspection. The
subcommittee member shall be provided twenty four(24)hours' notice prior to the time
the first subcommittee member who submits a request in writing.
2) Issuance, review and appeal procedures of a permit.
a. When the administrator's application review process and inspection have been
completed, the administrator shall distribute a notice of intent to irsue tree permit to the
applicant and all members of the subcommittee, including the alternate member and
upload the draft permit to the city's website. Within five (5) business days after the
any "adversely affected party" as defined in section 21 17 may place a hold on the
permit by providing written notice to the administrator requesting further review. This
period.
b. Should a written notice be timely filed, within five(5)busine,s days after a notice is filed
with the adm+a+strator, the administrator shall place the matter on the agenda, with
c. The subcommittee shall review the draft permit for compliance with the requirements of
the permit within five (5) business days after the subcommittee meeting. The applicant
written comments to the subcommittee prior to the meeting or made a presentation to
the subcommittee during the meeting, may file a written notice objecting to the permit
within five (5) business days from the date of permit issuance stating the alleged
reasons the permit does not comply with the provision of this chapter 23. The permit
period has expired.
d. Should a written notice be timely filed, the draft permit shall be placed on the next
chapter 23. The board may is.ue, deny or modify the draft permit. All notice
Exhibit A
requirements for "variances" set forth in section 21 51(c)(2) shall apply to the hearing
on said contested tree permit.
A.
has expired. Said written appeal must set forth the alleged reasons that the community
23. The commission's review shall be de novo and the notice requirements for
variances" set forth in section 21 51(c)(2) shall apply. The commission may confirm,
has expired.
Ord. No. 5-17-64, § 1, 7-24-17; Ord. No. 5-18-67, §§ 1-3, 1-14-19)
Secs. 23- 53- 23-60. - Reserved.