Chapter 94 - TREE COMMISSION

Sec. 92.23. - Public notice and advertisement methods. Chapter 95 - JACKSONVILLE WATERWAYS COMMISSION Chapter 94 - TREE COMMISSION[1]

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Editor's note— Ord. 2017-635-E, § 1, renumbered former Ch. 54, §§ 54.101—54.106, as a new Ch. 94.

Sec. 94.101. - Intent.

It is the intent of this Chapter to create an advisory body to encourage and coordinate the efforts of the various public and private entities that are concerned with the conservation and enhancement of the City's Tree Canopy. The City could become known for its innovative and effective tree planting and stewardship programs.

(Ord. 2017-397-E, § 1; Ord. 2017-635-E, § 1)

Sec. 94.102. - Establishment.

There is hereby established an advisory commission to be known as the Tree Commission, hereinafter referred to as the Commission. The Commission shall be subject to all applicable public meetings and public records laws.

(Ord. 2017-397-E, § 1; Ord. 2017-635-E, § 1)

Sec. 94.103. - Membership; Terms; Composition.

The Commission shall be composed of seven members selected as follows:

(a)

Membership.

(1)

One member of the Council appointed by the Council President.

(2)

The Director of the Public Works Department, or his or her designee.

(3)

Three members of the general public appointed by the Council.

(4)

Two members of the general public appointed by the Mayor and confirmed by Council.

(b)

Composition. To the extent possible, each of the members appointed by the Council and Mayor should possess specialized knowledge about trees, the Tree Protection Ordinance, Article 25 of the Charter, and/or the impact of construction activities on trees. To the extent possible, the five members appointed from the general public shall be from each of the Council's At-Large residency areas, and the following, to the extent possible:

(1)

One member shall be appointed who is a landscape architect.

(2)

One member shall be appointed who is a member of an environmental organization.

(3)

One member shall be appointed who is a residential builder, a representative from the local builders association, a real estate professional, commercial developer, or industrial developer.

(4)

One member shall be a practicing attorney or urban planner.

(5)

One member shall be appointed who is either a botanist, certified arborist, forester, or horticulturist.

(c)

Terms. The five members appointed from the general public shall serve for a term of two years or until a successor has been appointed/confirmed by the Council; provided that, of the initial appointments of the general public members, one member appointed by the Council and one member appointed by the Mayor shall serve for a three-year term and the remaining three members shall serve for a two-year term. Members of the Commission may be appointed for consecutive terms consistent with general laws regulating service on City boards and commissions. Any member appointed to the Commission for two consecutive full terms shall not be eligible for the next succeeding term. Terms shall conclude on December 31.

(Ord. 2017-397-E, § 3; Ord. 2017-635-E, §§ 1, 3; Ord. 2024-844-E, § 6)

Sec. 94.104. - Organization.

(a)

The Commission shall meet at least monthly at such times and places as are fixed by the rules of the Commission. Special meetings shall be called in accordance with the rules of the Commission. At its first regularly scheduled meeting each October, the Commission shall elect from among its members a Chair and Vice Chair, who shall assume their positions immediately upon election.

(b)

The Chair shall preside at all meetings of the Commission and shall appoint the members of the various committees, task forces, study groups, and other bodies authorized by the Commission in furtherance of its purposes.

(c)

The Commission shall be staffed at each meeting by a representative of the Office of General Counsel, the City's Senior Urban Forester and a member of the Accounting office. The Director of Public Works shall designate a Public Works employee as the staff person who shall be responsible for all meeting notices and minutes. The Vice Chair shall preside if the Chair is absent.

(d)

The Commission may adopt, amend, and rescind procedural rules of the Commission to aid in implementing the provisions of this Chapter. All reports, studies, and recommendations made by or at the direction of the Commission shall be approved by the Commission before the same may be presented to the Council.

(e)

The Commission may establish such committees from among its membership as it deems necessary to perform its functions. The Commission may also, from time to time, authorize the establishment of task forces, study groups, and similar bodies to carry out specialized and detailed projects within the scope of its purposes. Any such body may include persons who are not members of the Commission, but the Chair thereof shall be a Commission member. The committee shall report on its progress to the Commission at such times as the Commission shall require. No report, study, or recommendation, favorable or adverse, may be made by any such committee unless the matter is approved by the Commission.

(Ord. 2017-397-E, § 1; Ord. 2017-635-E, §§ 1, 3)

Sec. 94.105. - Purpose.

The Commission is established for the following general purposes:

(a)

To study and make recommendations to the City Council, Mayor's Office, City Staff, and community stakeholders with respect to the planting of trees and the health of the City's tree canopy.

(b)

To formulate an overall plan for the planting of trees and the health of the City's tree canopy and thereafter to annually review the plan and report recommendations to the Mayor's Office.

(c)

To act as a motivating and coordinating body to encourage joint public and private participation in the planting of trees and the health of the City's tree canopy.

(d)

To review and make recommendations, if necessary, to the Council concerning the City's tree protection and landscape regulations.

(e)

To provide the final agency action regarding quasi-judicial appeals from decisions regarding the Landscape and Tree Protection Regulations, Part 12, Chapter 656 (Zoning Code).

(Ord. 2017-397-E, § 1; Ord. 2017-635-E, §§ 1, 3; Ord. 2023-323-E, § 2)

Sec. 94.106. - Duties.

In implementing the purposes under this Chapter, the Commission shall have the following duties:

(a)

To act as a coordinator for programs, projects, and activities related to planting projects and the health of the tree canopy between all public and private entities;

(b)

To review expenditure proposals and plans for planting projects;

(c)

To prioritize, with the input of District Council members, proposed planting projects based on established criteria for recommendation to the Council, and, when requested, the Commission may also make recommendations on other proposed tree planting projects;

(d)

To formulate a recommended priority project list, including an estimated implementation cost for each item, for tree planting and canopy maintenance, and to thereafter annually review the priority project list and report recommendations to the Mayor's Office;

(e)

To help coordinate the maintenance of an inventory of the urban tree canopy with an emphasis on historic trees, exceptional specimen trees and other unique environmentally significant trees within the City;

(f)

To assist in the establishment of educational and outreach programs to encourage proper management and maintenance of trees on private property in the City;

(g)

To conduct research studies, collect and analyze data and prepare maps, charts, and plans for the accomplishment of its purposes;

(h)

To identify issues relative to the health and protection of public trees and recommend solutions to problems identified;

(i)

To recommend to and help develop opportunities for the City's grant writing office for grants and solicitation of donations to support the City's tree canopy;

(j)

To perform an annual audit of funded projects, the status of the inventory, and tree permits submitted to the City to be included in an annual report to the Mayor's Office and City Council; and

(k)

To develop and maintain a tree canopy and existing tree inventory.

(l)

Appeals.

(1)

Any adversely affected property owner, permit holder or contractor regarding a subject property may appeal the decision of:

(i)

The Chief of Development Services, Public Works Department, regarding the Final Assessment of Clearcutting Contribution Amount, pursuant to Section 656.1208(c)(3)(iii), Ordinance Code.

(ii)

The Director of the Public Works Department, regarding a Request to Reduce Fines, pursuant to Section 656.1208(g), Ordinance Code.

(2)

An appellant shall file a Notice of Appeal of the applicable decision with the Office of General Counsel and the Tree Commission staff person responsible for Tree Commission notices and minutes within 30 days of the date of the applicable written decision.

(3)

The Notice of Appeal shall contain evidence of the species of trees removed, the application of any exception or exemption to the trees removed as provided for in Part 12 (Landscape and Tree Protection Regulations), Chapter 656 (Zoning Code), Ordinance Code, and any other relevant information used to dispute the Notice of Violation and the calculation of monies owed to the City, including expert analysis and geographical data.

(4)

The Director of Public Works, as staff to the Tree Commission, shall:

(i)

Set the matter for a hearing before the Commission within 45 days of the date of the Notice of Appeal, unless otherwise extended by agreement of the Chief or Director, as applicable, and the appellant; and

(ii)

Maintain the record of the proceedings.

(5)

The sole issue to be determined by the Commission is whether the Chief or the Director's decision concerning the item on appeal was "clearly erroneous."

(6)

The Commission shall issue a written decision concerning the appeal, which written decision shall be deemed to be the final decision of the City, and may be appealed by any person with standing under state law by common law certiorari in the circuit court. The written decision shall be mailed by the Public Works Department to the appellants within seven days after the written decision.

(Ord. 2017-397-E, § 1; Ord. 2017-635-E, §§ 1, 3; Ord. 2023-323-E, § 2; Ord. 2025-30-E, § 10)

Sec. 94.107. - Exceptional Planting Projects Referral to City Council.

For the purposes of this Section, the term "Exceptional Planting Project" shall apply to any planting project that in whole or in cumulative portions or stages exceeds $300,000.

(a)

An Exceptional Planting Project in the Level 2 and Level 3 Planting Programs, as described by Ordinances 2019-89-E and 2020-213-E, respectively, receiving a favorable recommendation from both the Tree Commission and the Mayor's Budget Review Committee shall require Council approval prior to commencement of the Exceptional Planting Project. The Council shall give great weight to the recommendation by the Tree Commission. For the purposes of this Section, the term "favorable recommendation" means that the Exceptional Planting Project is approved, approved with conditions, or approved with modifications by the reviewing entities.

(Ord. 2024-438-E, § 5)

Sec. 92.23. - Public notice and advertisement methods. Chapter 95 - JACKSONVILLE WATERWAYS COMMISSION