Atlantic Beach Tree Ordinance

Sec. 23-21. - Permits required by this chapter.

Unless specifically exempted within following section 23-22, permits are required for removal of trees on all lands within the City of Atlantic Beach, 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.

(2)Major development on all existing developed sites having any structure or vehicle use areas where additions, renovations, upgrades or site changes are intended or anticipated within a two-year period of time when any such activity is valued at ten thousand dollars ($10,000.00) or more. Where value is in question, determination shall be made by the building official.

(3)Clearing, excavation, grading, grubbing or trenching of previously undeveloped land, regardless of whether any future development is intended or anticipated; it being the intent of the city that no parcel, site or lands be indiscriminately or unnecessarily cleared of regulated trees and regulated vegetation unless mitigation or replacement as required by this chapter is provided.

(4)Removal of any tree on the Atlantic Beach Legacy Tree List.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)

Sec. 23-22. - Exemptions from the requirement for a permit.

The following activities shall be exempt from the requirements to apply for and receive a tree or vegetation removal permit, except that none of these exemptions shall be construed to apply to any coastal dune vegetation seaward of the coastal construction control line or to heritage trees. Such vegetation and trees shall be fully subject to the provisions of this chapter and any state permitting requirements applying to the coastal zone. All other development activity as described in preceding section 23-21 involving the removal of regulated trees and regulated vegetation shall require issuance of a tree removal permit.

The person(s) claiming any exemption shall have the burden of proving entitlement to such exemption. The administrator may require consultation with or documentation from a certified arborist or other qualified professional to verify certain conditions.

(1) No development activity or minor development activity on previously developed sites. Minor development activity involves any new construction, exterior additions, renovations or upgrades that are valued at less than ten thousand dollars ($10,000.00.) For the purpose of determining whether this exemption does or does not apply, the administrator shall consider the cumulative valuation of all permits issued two (2) years prior and two (2) years subsequent to the tree removal. If such permits collectively exceed the stated threshold, an after-the-fact permit and mitigation shall be required.

(2)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 permitting requirements will hamper private or public work to restore order to the city.

(3) 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.

(4) 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 that removal is needed for the purpose of preventing the spread of disease or pests.

(5) Noxious invasive trees. The removal of invasive or nuisance trees, as currently listed by the Florida Department of Agriculture and Consumer Services (FDACS), Florida Department of Environmental Protection (FDEP), the Florida Exotic Pest Plant Council (FEPPC), the Atlantic Beach Prohibited Species List, or some other recognized authority, shall be granted an exemption upon inspection and verification by the administrator.

(6) 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.

(7) 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. However, land clearing for surveys shall not authorize the removal of regulated trees or regulated vegetation.

(8) City crews. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public rights-of-way, within any utility or drainage easements or within the illumination areas of street lights, and other public lands as may be necessary, and shall not be subject to mitigation assessment. The city shall not have the responsibility to maintain, prune or remove any damaged, dead or diseased trees on any private property within the city.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)

Sec. 23-23. - Permits procedures.

(a) Application required. The applicant for a tree removal permit shall submit the established fee along with the application form as created and provided by the city to the designated administrative department. The application shall contain all required narrative and graphical information necessary to determine compliance with this chapter. If the applicant is not the property owner, proper owner's authorization shall also be required.

(1)Existing lots or parcels. When a tree or vegetation removal permit is required, applications for tree or vegetation removal shall be made prior to removal and prior to any site disturbance or grading on a lot or parcel.

(2) New or re-platted subdivisions. Applications for tree or vegetation removal that will be part of a new subdivision plat or a re-plat shall be submitted along with the preliminary subdivision plat application so that due consideration may be given to the protection of regulated trees and regulated vegetation during the site planning and subdivision process. Trees to be protected shall be noted on the final subdivision plat, and subsequent applications for individual lots or parcels shall be consistent with the approved final subdivision plat, or application for a new tree removal permit shall be required.

(3) After-the-fact permits. Any person(s) engaging in the removal of regulated tree(s) or regulated vegetation prior to obtaining a permit will be required to apply for and obtain an after-the-fact permit, and meet mitigation requirements as assessed.

(b) Sufficiency review of applications. Upon receipt of the application and appropriate fee, the administrator shall conduct a preliminary review within five (5) business days to determine that all required information has been submitted and is sufficient for review purposes. The administrator may refer the application to other city department(s) or a qualified professional consultant during preliminary review. The applicant shall be notified if extended review by other departments and/or professionals is required. The applicant shall be notified of any deficient items. Upon submittal of deficient or missing information, the administrator shall again review the application. If the requested information has not been provided or is insufficient, the applicant shall be notified in writing that no further review will be performed until the requested information is provided and found to be sufficient.

However, an application shall be deemed abandoned thirty (30) days after the date the administrator notifies the applicant of any deficiencies contained in the application if the applicant has failed to submit 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.

(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 and submit the agencies' written verification to the city:

(1) Army Corp of Engineers (ACOE);

(2)Saint Johns River Water Management District (SJRWMD);

(3) Florida Department of Environmental Protection (FDEP);

(4) Any other applicable governmental agencies extending jurisdictional controls over the site.

(d) Compliance review and approval of applications. Applications will be reviewed and tree or vegetation removal permits will be issued in accordance with the following:

(1) Time for review. Once an application has been deemed sufficient, the administrator shall conduct a full compliance review of the application and approve, approve with conditions or deny the application with seven (7) business days.

(2) Standards for review. The administrator shall consider the following in making a determination of compliance with the provisions of this chapter.

a. Necessity to remove trees which pose a safety hazard, as determined by the director of public works, to pedestrian or vehicular traffic, or threaten to cause disruption to public services or result in a significant obstacle to accessing and utilizing public easements and rights-of-way.

b. Necessity to remove trees which pose a threat to buildings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non-occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard.

c. Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury, or trees with severe structural defects that pose a safety hazard to people, buildings, or other improvements on a lot or parcel of land.

d. Necessity to remove trees in order to construct approved and permitted improvements to allow reasonable economic enjoyment of the property.

e. Existence of any adverse site conditions which may affect the implementation of the provisions of this chapter.

(e)Expiration of permits. Upon approval of the application by the administrator, the permit shall be issued. Work pursuant to the permit shall commence within twelve (12) months of the date of issuance, or the permit shall expire.

(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 promptly after issuance. 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 processing fee. Additional information submitted with a request for permit amendment shall be adequate to fully document the nature of the proposed change and the effect it will have on all aspects regulated by this chapter. All plans, reports, calculations, and other information affected by the proposed amendment shall be updated so as to maintain an accurate record of the development activity. Review time for any changes to plans approved for a permitted site shall be the same as specified for the review of a new application. An amendment to a permit shall not automatically extend the expiration date.

Substantial changes, including significant increases in the number of trees to be removed or land to be cleared, increases in impervious surface area, changes to intended land use, modification of stormwater management systems, or any other change that constitutes a major modification to a site plan or subdivision, new phases of development or other additions, shall not be treated as amendments, but shall require a new permit application and fee.

 (i) Revocation of permits.

(1) By administrator. The administrator may revoke any permit issued pursuant to this chapter, following notice in writing to the permittee and after providing the permittee opportunity to respond to the notice, in either of the following circumstances:

a. The administrator finds that the permittee has continued with any development activity on a site for which a permit was issued, while the site is under a stop work order which has not been reversed, canceled or suspended pursuant to this chapter, except for specified remedial work required to bring the violation into compliance with the approved permit; or

b.If the administrator finds that the approval of the permit was based on incorrect information furnished by the applicant for the permit. Based upon such finding, however, the administrator may make reasonably necessary accommodations to the conditions of a permit in lieu of revoking it.

(2) Discontinuance of work. Revocation of a permit may also result in a stop work order in accordance with section 23-48.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

 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 to conduct on-site maintenance inspections subsequent to final inspection and notice of completion, and to require correction of all deficiencies and violations in accordance with this chapter.

(b) Site preparation. Prior to requesting initial and/or protective barricade inspection, the applicant shall prepare the site with proper staking and taping as necessary to allow the administrator to locate and identify the lot or parcel to be inspected; to determine the building site; to locate the proposed buildings or other proposed structures or improvements that will disturb vegetation, and to ensure clear understanding between the property owner, contractor, administrator and other inspectors that may be involved.

(1) The address or legal description of the property shall be displayed in a conspicuous manner.

(2) The property corners shall be marked according to survey with wooden stakes. Each stake shall be flagged with surveyor's tape or with bright colored paint. Any property crossed by the coastal construction control line shall have that line marked on the ground with conspicuous wooden stakes and surveyor's tape or durable waterproof string and shall be clearly labeled "CCCL".

(3) All trees to be preserved during development activities shall be barricaded according to a tree protection plan consistent with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part.

(4) All trees proposed for removal shall be identified with red or orange surveyor's tape or paint.

(5) All trees proposed for protection as mitigation for removed trees shall be identified with blue or green surveyor's tape or paint.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • ·  Sec. 23-25. - Appeals.
  • (a) Procedure to file an appeal. Appeals of final actions or decisions by the administrator made under the authority of this chapter may be made by adversely affected person(s) to the city commission in accordance with the following provisions:

(1) Such appeal shall be filed in writing with the city clerk within thirty (30) days after rendition of the decision or final order being appealed.

(2) Appeals shall be heard at a public hearing within a reasonable period of time with proper public notice, as well as due notice to interested parties.

(3) It shall be the responsibility of the appellant to demonstrate that the final action or decision being appealed was improper or not in accordance with the provisions of this chapter.

(4) In the case that the city commission finds the appeal to have merit, the city commission shall have the authority to rescind or modify the original final action or decision, and/or remand the matter to the administrator for reconsideration.

(b) Stay of work. Such appeal to the city commission shall stay all work on the premises and all proceedings in furtherance of the action appealed, unless the appropriate designated administrative official shall certify to the city commission that a stay would cause imminent peril to life or property.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • ·  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 at any time an application is submitted for approval, amendment, or extension of a permit required by this chapter, 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

c. Multifamily residential uses ..... 250.00

d. Commercial or industrial uses ..... 250.00

e. Institutional and any other uses ..... 250.00

(2)Minor amendments ..... 50.00

(3) Extensions ..... 50.00

(4) Appeals ..... 125.00

(b) Reinspection fees. ..... 50.00

(c) Research or extensive time fees (per hour). ..... 50.00

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)

DIVISION 4. - GENERAL PROVISIONS

·  Sec. 23-30. - Minimum tree requirements.

  • These minimum tree requirements shall apply to all property within the city that is subject to the provisions of this chapter. Credit will be given for trees on the Atlantic Beach Recommended Species List, but none will be given for trees on the Atlantic Beach Prohibited Species List. Section 24-177 of this Municipal Code also provides additional landscaping requirements for nonresidential uses.

(1) Residential uses. For each parcel upon which a single-family, two-family or multifamily dwelling unit, or associated residential accessory unit is proposed, or where the primary activity is residential in nature:

One (1) 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, one (1) tree shall be provided or preserved within the required front yard.

(2) Commercial uses. For each parcel upon which a commercial structure or associated accessory use is proposed, or where the primary activity is commercial in nature:

One (1) 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) 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) 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.

(a) Excessive or improper pruning. It shall be unlawful to engage in excessive or improper pruning techniques on trees intended for shade purposes where such trees are required pursuant to an approved tree protection plan. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. This limitation shall not be construed to prohibit the trimming or pruning of trees that create a clear risk of danger to persons or property during flood, high wind or hurricane events.

(b) Pruning or removal of city trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city property without the permission of the city as evidenced by the appropriate permit.

(c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for the purpose of causing the tree to die or become diseased.

(d) Attachments. It shall be unlawful to attach anything, including signs, permits, nails or spikes that may be injurious or cause damage, to a tree having a diameter of three (3) or more inches caliper. Exceptions are protective wires, braces or other devices used to support a tree.

(e) Unauthorized clearing of undeveloped lots. It shall be unlawful to clear any undeveloped lot, parcel, or lands such that the land is substantially denuded of regulated trees and regulated vegetation in any manner or for any purpose unless a proper tree removal permit has been issued. The extent to which removal constitutes substantial denuding shall be determined by the administrator based upon the number, type and condition of existing on-site regulated trees and regulated vegetation in comparison to that proposed to be removed. If clearing is authorized, the minimum requirements of section 23-30 shall be met.

(f) Unauthorized clearing of developed lots. It shall be unlawful to clear the trees from any developed lot such that the minimum requirements of section 23-30 are not maintained.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

Sec. 23-32. - Tree protection during development and construction.

  • ·  (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 use of heavy equipment or machinery, or the temporary storage of soil deposits within the tree protection zone of any tree or group of trees to be 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, mortar or any other material harmful to the life of a tree 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 and replacement trees for three (3) years from the date the city accepts the trees and landscaping as complete, unless a greater time period is required by a development order. If a retained or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action as required by this chapter.

(c) Protective barriers and signage required. Protective barriers and signage shall be installed around every tree or group of trees to be preserved prior to commencement of construction, in compliance with the guidelines in the Tree Protection Guide for Builders and Developers, published by the Florida Division of Forestry and/or any other reasonable requirements deemed appropriate by the administrator to implement this part.

 (1) Temporary protective barriers shall be placed at least six (6) feet from the base of any tree, and shall encompass at least fifty (50) percent of the area under the dripline of any tree or trees to be preserved or retained for mitigation credit, unless otherwise approved by the administrator.

(2) Temporary protective barriers shall be at least three (3) feet high, and shall consist of either a wood fence with two-by-four posts placed a maximum of eight (8) feet apart with a two-by-four minimum top rail, or a mesh fence, or other similar barrier which will limit access to the protected area, unless otherwise approved by the administrator.

(3) Waterproof, rigid sign(s) shall be affixed to each individual barricade, such that there is one (1) sign every fifteen (15) feet along the length of the barricade. The signs shall contain the following words, and will be made available by the city at the time of permit issuance:

FIGURE 1. TREE PROTECTION ZONE SIGNAGE

 

TREE PROTECTION ZONE (TPZ)

No grade change, storage of materials, vehicles or equipment is permitted within this TPZ. This tree protection barrier must not be removed without the written authorization of the City of Atlantic Beach. For information, call (904) 247-5800.

 

(d) Adjacent properties. The property owner(s) or their agent(s) shall ensure protective barricading of all trees located on adjacent properties, that have root or branch systems that encroach upon the subject property, and that may potentially be impacted by development activities.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • ·  Sec. 23-33. - Mitigation to be assessed.
  • ·  (a) Mitigation required. Unless mitigation in the form of payment into the tree conservation trust fund has been approved in accordance with section 23-37, mitigation in the form of tree replacement, relocation or preservation shall be required to offset any impacts resulting from the removal of regulated trees as a condition of the tree or vegetation removal permit. Replacement or relocation shall be the preferred methods of mitigation.

 (b) Mitigation assessment. In general, mitigation shall be assessed according to the ratios given in the following table, such that the number of inches required to be replaced, relocated or preserved (first number) are proportional to the number the inches removed (second number):

TABLE 1. STANDARD MITIGATION ASSESSMENT

CLASSIFICATION OF PROPERTY

CLASSIFICATION OF REGULATED TREE

     
 

Protected

Heritage

Private parcels

1:2

1:1

Public parcels

1:1

2:1

Public rights-of-way, easements, etc.

1:1

3:1

Environmentally sensitive areas

2:1

3:1

Historic corridor

2:1

3:1

       

 

(c) General conditions. Mitigation shall be in the form of preservation of existing trees, relocation of existing trees that would otherwise be removed, or replacement with new trees, and shall occur within thirty (30) days, or prior to issuance of a certificate of occupancy or other final approval, whichever time is shorter, unless a greater period is provided for good cause by the permit. The applicant assumes all duties and costs associated with mitigation.

(d) Tree preservation. Existing onsite trees that are three (3) inches DBH or greater and which are neither protected nor transplanted may be utilized as credit towards the assessed mitigation, subject to the other conditions stated in this section, if preserved onsite.

(e) Tree relocation. Existing trees onsite that are three (3) inches DBH or greater 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 size. New 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. 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 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

Cypress, Bald

Taxodium distichum

Cypress, Pond

Taxodium ascendens

Elm, American

Ulmus americana

Elm, Florida

Ulmus american floridana

Elm, Lacebark

Ulmus parvifolia

Hickory, Mockernut

Carya Tomentosa

Hickory, Pecan

Carya illinoensis

Hickory, Pignut

Carya glabra

Hickory, Water

Carya aquatica

Loquat, Japanese Plum

Eriobotrya japonica

Magnolia, Southern

Magnolia grandiflora

Magnolia, Sweetbay

Magnolia virginiana

Maple, Florida

Acer barbatum

Maple, Red

Acer rubrum

Oak, Live

Quercus virginiana

Oak, Shumard Red

Quercus shumardii

Oak, Swamp Chesnut

Quercus michauxii

Pine, Loblolly

Pinus taeda

Pine, Long-leaf

Pinus palustris

Pine, 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

Holly, Dahoon

Ilex cassine

Holly, East Palatka

Ilex attenuata

Holly, Yaupon

Ilex vomitoria

Oak, Myrtle

Quercus myrtifolia

Oak, Sand Live

Quercus geminata

Oleander

Nerium oleander

Podocarpus, Yew

Podocarpus macrophyllus

Privet, Glossy

Ligustrum lucidum

Privet, Japanese

Ligustrum japonicum

Redbud

Cercis canadensis

Wax Myrtle

Myrica cerifera

 

(2) Selection criteria.

a. New oaks shall be used to replace removed oaks. Replacement credit for oaks shall be limited to the species listed on the Atlantic Beach Recommended Species List. Upon approval of the administrator, hardwood species yielding similar canopy may be used to mitigate removed oaks.

b. New palms may be used as replacement trees when replacing species other than palms. Replacement credit for palms shall be limited to forty (40) inches or fifty (50) percent of required mitigation, whichever is lesser. Replacement credit for palms shall be limited to the species listed on the Atlantic Beach Recommended Species List. Upon approval of the administrator, a cluster of three (3) palms, subject to the other conditions of this section, may be used to meet the requirements of a single shade tree.

c. When a legacy tree is removed, replacement credit shall only be given for the planting of a species that is on the legacy tree list. This shall not be limited to the exact same species, nor shall the new tree have to meet the size requirements of an established legacy tree. When a legacy tree is removed, at least twenty-five (25) percent of mitigation shall be provided on site in the form of replacement. Incentive credit shall be granted for the use of legacy trees when replacing protected trees that are not on the legacy tree lost. The incentive credit is equal to two (2) times the normal replacement 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 to any curbs, curb lines, sidewalks or aboveground utilities than the following, except for plans demonstrating no conflict with existing aboveground utilities or public facilities, and approved by the administrator:

1.Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall have a minimum setback of three (3) feet.

2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall have a minimum setback of six (6) feet.

3. Large trees with normal mature height of fifty (50) feet or more shall have a minimum setback of ten (10) feet.

c. Spacing. The following spacing requirements shall serve as general guidelines for the optimal growth and viability of trees, though trees may be planted closer together upon approval of the administrator:

1. Small trees or palms with normal mature height of fifteen (15) to thirty (30) feet shall be spaced at least ten (10) feet.

2. Medium trees or palms with normal mature height of thirty (30) to fifty (50) feet shall be spaced at least twenty (20) feet.

3. Large trees with normal mature height of fifty (50) feet or more shall be spaced at least thirty (30) feet.

4. Spacing of two (2) or more trees of differing sizes shall be based upon the spacing requirements of the largest tree.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)

 

·  Sec. 23-34. - Maintenance and monitoring requirements.

  • The applicant shall be responsible for maintaining the health of any replacement or relocation trees for three (3) years from planting.

(1) Determination of success. The applicant shall determine the condition of each tree, three (3) years after the tree was relocated or planted. This determination shall be submitted to the city for 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 planted or relocated, the applicant shall be required to replace the tree within sixty (60) days of that determination. The three-year monitoring and approval period shall begin anew whenever a tree is replaced. If that replacement tree is found not to be viable at the end of the second monitoring period, the applicant may pay the appropriate amount into the tree fund in lieu of planting a third replacement tree. If the applicant fails to replace the tree or to pay the appropriate amount into the tree fund within sixty (60) days, the applicant shall be in violation of this chapter.

(2) Large-scale projects. If a permit includes the relocation of ten (10) or more trees, or the planting of one hundred (100) or more replacement trees, the determination of success for the overall mitigation effort shall be based upon a percent survival rate. A successful project shall be one (1) in which ninety (90) percent or more of the newly planted or relocated trees are determined to be viable after a period of three (3) years. If a large-scale project is determined to be successful on this basis, additional replacement trees will not be required.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • Sec. 23-35. - Elimination of undesirable species.
  • (a) The natural vegetative communities existing within the city shall be protected by the control and elimination of non-native invasive species. To that end, the following guidelines shall apply:

(1) Planting of species on the Atlantic Beach Prohibited Species List shall not be accepted for mitigation credit.

(2) Removal of nonnative invasive species from nonresidential properties (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable.

(3) Procedures for the control and elimination of non-native invasive species shall in no way promote the proliferation of the species through the dispersal of seed or other means.

 (4) Procedures for the control and elimination of non-native invasive species shall in no way harm or cause the decline of desirable species that are to be preserved, planted or relocated.

(b) Atlantic Beach Prohibited Species List. The following species or sub-species of trees are not protected trees under this chapter, and are exempt from mitigation. The trees on this list shall not be accepted for replacement or relocation credit.

Australian pine

casuarina cunninghamiana

Australian pine thicket

casuarina glauca

Bischofia

bischofia javanica

Brazilian pepper

schinus terebinthifolius

Camphor tree

cinnamomum camphora

Carolina laurelcherry

prunus caroliniana

Carrotwood

cupaniopsis anacardioides

Castor bean

ricinus communis

Catclaw mimosa

mimosa pigra

Chinaberry tree

melia azedarach

Chinese tallow

sapium sebiferum

Chinese wisteria

wisteria sinensis

Climbing cassia

senna pendula

Earleaf acacia

acacia auriculiformis

Golden Raintree

koelreuteria paniculata

Guava

psidium guayava

Jambolan

syzygium cimini

Laurel fig

ficus microcarpa

Lead tree

leucanea leucocephala

Melaleuca tree

melaleuca quinquenervia

Mimosa tree

albizia julibrissin

Orchid tree

bauhinia variegata

Schefflera

schefflera actinophylla

Seaside mahoe

thespesia populnea

Shoebutton ardesia

ardisia elliptica

Strawberry guava

psidium cattleianum

Woman's tongue

albizia lebbeck

 

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10; Ord. No. 95-15-109, § 1, 5-11-15)

  • ·  Sec. 23-36. - Elimination of contagious diseased and pest-infested trees.
  • The natural and cultivated vegetative communities existing within the city shall be protected by the control and elimination of trees afflicted with rapid-spreading contagious diseases and pests. Upon identification and/or confirmation of such infection or infestation by a certified arborist or other qualified professional, the city shall give notice to the property owner to remove the afflicted tree. Such tree removal shall be exempt from the permit application requirements, as set forth in section 23-22. Further, mitigation shall not be required, provided however, the subject property is in compliance with minimum tree requirements, as set forth in section 23-30.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • Sec. 23-37. - Payment in lieu of replacement/relocation.
  • It is the intent of this chapter that all reasonable methods be used to replace or relocate trees onsite. Payment to the tree fund in lieu of replacement or relocation shall not be construed as a routine mitigation option. Rather, it shall be reserved for cases where the ability to replace or relocate trees onsite is restricted by circumstances related to federal, state or local regulations and requirements including but not limited to conflicts with rights-of-way, utilities, stormwater facilities, septic fields and environmentally sensitive areas. The value to be paid into the tree fund shall be established and adopted by resolution of the city commission, and payments to the tree fund may be approved in accordance with the following provisions:

(1) For single- and two-family residential uses. If an applicant, at the time of application, demonstrates a successful plan to accomplish at least fifty (50) percent of the required mitigation onsite, the administrator shall approve the application and issue a permit in accordance with section 23-23. The remaining balance of the required mitigation shall be payable to the tree fund within seven (7) days of such determination.

(2) 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 determination.

 (3) Where payment in lieu of 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 planted or relocated, to the city's tree fund. The approved mitigation payment shall be payable to the tree conservation trust fund within seven (7) calendar days of the approved mitigation order. Mitigation payments not received within the prescribed time period shall result in the filing of a lien on the subject property.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • Secs. 23-38—23-39. - Reserved.
  • ·  ·  DIVISION 5. - AREAS OF SPECIAL CONCERN
  • ·  Sec. 23-40. - Applicability.
  • There exist within the city certain areas which contain trees or vegetation of special value and concern, or areas of such great social, cultural, historical, ecological, environmental or economic significance that they may warrant added measures of protection.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • Sec. 23-41. - Historic corridors and heritage trees.
  • (a) Designation. The city commission may by resolution designate historic corridors or individual heritage trees. In doing so, the city commission shall specifically identify those streets, or portions thereof, or trees, which shall be so designated.

(b) Criteria. In considering whether roadways or portions thereof shall be designated as historic corridors, the city commission may consider the following criteria:

(1) The presence of historically significant tree coverage or landscaping, as individual plants or in groupings.

(2) The presence of culturally significant tree coverage or landscaping.

(3) The presence of significant architectural structures with associated tree coverage or landscaping.

(c) Documentation. The administrator shall maintain a record of all historic corridors so designated 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 encourage protection of such trees.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • Secs. 23-42—23-45. - Reserved.
  • ·  ·  DIVISION 6. - VIOLATIONS, ENFORCEMENT AND PENALTIES
  • Sec 23-46. - Violations.
  • Violations, including failure to make proper application for a tree or vegetation removal permit as required by these provisions, or failure to implement any requirements or conditions of a tree or vegetation removal permit, shall be deemed a violation of this chapter, and shall be subject to code enforcement procedures as set forth within chapter 2, article V, division 2 of this Municipal Code of Ordinances and any other remedies available under applicable law.

(1) Development activity. It shall be a violation of this chapter for any person(s) to engage in development or other activity, which has the potential to damage, destroy or remove, or cause the destruction or removal of any tree or vegetation as regulated herein, without complying with all applicable provisions of this chapter.

(2) Compliance with approved permit. It shall be a violation of this chapter for any person who has obtained a permit from the city pursuant to the requirements of this chapter to fail to comply with the requirements of the approved permit and any conditions attached thereto.

(3)Compliance with general conditions of permit. The following minimum conditions shall apply to every permit issued pursuant to this chapter, and violation of or failure to comply with any such condition(s) shall be a violation of this chapter:

a. Permit and plans onsite. Approved permits and plans shall be available onsite at all times during development 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 appears imminent;

(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of this section is not completed in the time period specified; or

(6) Upon failure to post or have the approved permit and plans available onsite.

(b) Content and scope of stop work order. The stop work order shall specify the circumstances that have resulted in issuance of the order. It shall also direct that all work be stopped other than such remedial work as is deemed necessary to bring the violation into compliance, or it may specify the cessation of specific work by functional nature, such as land clearing, regulated tree or regulated vegetation removal, grading, roadway construction, building erection or utility construction. The order may apply to the entire project or to geographical portions of the project that may be individually specified.

(c) Failure to comply after notice of violation and stop work order. If the person(s) in violation fails to complete the required remedial action within the prescribed time, or continues any development activity in violation of a stop work order, the administrator may refer such matter to the code enforcement board or may initiate any other enforcement action or remedies as authorized by law.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • ·  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 Municipal Code of Ordinances as well as other remedies available under applicable law.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • Sec. 23-51. - Penalties.
  • (a) General provisions. Any person(s) violating a provision of this chapter shall be punishable according to the law or in accordance with the findings of the duly appointed code enforcement board.

(1) Violations of this chapter are considered irreparable and irreversible in nature.

(2) Each day any violation continues shall constitute a separate offense.

(3) Each regulated tree removed from a site in violation of these regulations shall constitute a separate offense.

(4) Each acre or fraction thereof, of land cleared in violation of these regulations shall constitute a separate offense.

(5) Person(s) charged with violations of this chapter may include:

a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land, building or premises where such violation exists.

b. Any person(s) who maintains any land, building or premises upon which a violation exists.

c. Any person(s) who knowingly commits, takes part, or assists in such violation.

(b) Building permits. No building permit shall be issued for a site unless and until a required tree or vegetation removal permit has been issued, or while any violation of this chapter exists on the subject site.

(c) Injunction. Any affected person(s) may seek an injunction against any violation of the provisions of this chapter and recover from the violator such damages as he or she may suffer including, but not limited to, damage to property as a result of development or failure to maintain, in violation of the terms of this chapter.

 (d) Sanctions for failure to obtain a permit.

(1) Regulated trees or regulated vegetation removed in violation of this chapter shall require an after-the-fact permit, the fee for which shall be two (2) times the normal established application fee specified in section 23-26. In addition, as a condition of the permit, the applicant shall immediately complete all remedial work as necessary to stabilize the site and mitigate all damage to the site and adjacent properties.

(2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times the normal established rate of mitigation specified in section 23-33.

(3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator is unable to determine with reasonable certainty the number and size of regulated trees and/or regulated vegetation removed in violation of this chapter, analysis of aerial photography or other such accepted scientific methodology shall be used to make a determination as to the loss of canopy and/or land cover for the purpose of assessing mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or land cover lost shall be assessed by the administrator, and shall be payable to the tree fund within seven (7) days of such assessment. No further work or development shall proceed until the city is in receipt of any such assessed fine.

(4) Any person(s) exhibiting a documented history of chronic or repeated violations of this chapter shall, upon third offense, be reported to the Florida Department of Business and Professional Regulation, as well as any other authority governing licensing, registration or certification of individuals or businesses.

(Ord. No. 95-10-101, § 2(Exh. A), 2-22-10)

  • Secs. 23-52—23-60. - Reserved.

 

 

 

 

 

 


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