Environmental preservation districts

(a)

Designation generally; intent. Certain geographical areas or sites may be designated as environmental preservation districts by action of the city commission, recognizing the need for preservation and protection of such areas because of their educational, economic, environmental or ecological importance to the welfare of the general public and the city. Environmental preservation districts are intended to provide for preservation and protection of trees and other significant environmental and landscape features and to encourage design and development activity which is sensitive to the natural landscape character of the site. Sites with significant trees and landscape materials may be selected as environmental preservation districts because they provide important environmental functions for the welfare of the community, which include the following: stabilizing the soil, preventing erosion and excessive runoff; giving shade and cooling the land; providing protection from forceful winds; using their leaf surfaces to dilute gaseous pollutants and trap and filter out ash, dust and pollen in the air; absorbing a high percentage of carbon dioxide and returning oxygen to the air; alleviating noise pollution; increasing the value of the property; and adding to the natural scenic beauty of the city. All regulations and review procedures provided for environmental preservation districts are intended to protect the significant environmental features against needless destruction and to present guidelines which will lead to the continuance and enhancement of those features, while at the same time recognizing individual rights to develop property which are not prejudicial to the public interest.

(b)

Natural or manmade environmental features. The following natural or manmade environmental features may be designated as environmental preservation districts, when one or more such features are located in a geographical area or lot:

(1)

Clusters of trees with extensive tree canopy, natural hammock areas and mangrove areas. Land areas which include significant environmental features, outstanding characteristics or meet other professional criteria may be designated as environmental preservation districts by the historic and environmental preservation board.

(2)

Exposed geological formations, such as natural rock outcroppings, caves, sinkholes and significant natural topography of the Coastal Atlantic Ridge.

(3)

Scenic transportation corridors—those roadway areas which have a unique landscape character and an extensive tree canopy and are of substantial environmental importance to the residents of the city as well as to visitors. Dimensions and extent of scenic transportation corridors shall be determined for each specific area so designated, based upon an analysis of the corridor by qualified professional staff of the appropriate city departments. The boundaries of the scenic transportation corridors may be determined by the following:

a.

The extent of roadway right-of-way area.

b.

All established yard areas fronting on the transportation corridor.

c.

Significant natural features, such as trees, or geological features which are not within the right-of-way or street yard area but are of value as a part of the scene.

d.

Principal natural landscape or manmade elements which form the visual boundary or enclosing space of the corridor.

e.

Unique botanical features, such as rare, exotic and valuable trees or plant life or examples of excellent landscape design.

(c)

Procedure for designation.

(1)

Areas or sites to be considered as environmental preservation districts may be recommended to HEPB by private individuals and organizations (after providing sufficient evidence that the resource qualifies under the provisions of this Code), all city departments, HEPB and the city commission.

(2)

All areas to be considered must be evaluated by the HEPB with the appropriate recommendations conveyed to the city commission.

(3)

A letter or invitation shall be delivered to the owners of all property within the boundaries of the proposed environmental preservation district, with a full explanation of the reasons for the environmental significance of the property, the effect of the proposed classification and the process by which environmental preservation districts are officially designated. The owners will be invited to appear at a public hearing before HEPB to discuss the matter. Should there be more than 50 property owners within the proposed scenic transportation corridor, a notice published in a newspaper of general circulation at least ten days prior to the hearing, stating the aforementioned information and including the date, time, place and reason for the HEPB hearing shall be considered sufficient notice. Following the decision of HEPB, the property may then be recommended by the board to the city commission for designation as an environmental preservation district.

(4)

The areas recommended by the HEPB and approved by the city commission are established as environmental preservation districts. These sites or areas are then added to the official map delineating environmental preservation districts on file with the department.

(5)

A person whose interests in the proceeding are adversely affected in a manner greater than those of the general public may request intervenor status as defined in this chapter at the hearing(s).

(d)

Effects of designation.

(1)

Once an area or site is officially designated as an environmental preservation district, all development activity or removal of trees within that area must be reviewed by the preservation officer, and a certificate of approval, standard or special, must be granted under the provisions of section 17-32 before a tree removal permit or a building permit will be issued by the department.

(2)

When the city commission approves the designation of an area or site as an environmental preservation district, the regulations and review requirements for both the existing transect and the preservation district shall apply.

(Code 1967, § 64-6; Ord. No. 8798, §§ 1, 2, 5-19-78; Ord. No. 9427, § 1(C), 5-27-82; Ord. No. 9769, § 1, 12-15-83; Code 1980, § 17-6; Ord. No. 13174, § 2, 5-13-10; Ord. No. 13971, § 2, 2-25-21)