Atlanta Tree Ordinance Draft Options Report

Transcription

1 Atlanta Tree Ordinance Draft Options Report This report outlines a series of options Atlanta could choose to pursue in updating its Tree Protection Ordinance. The following options are based on an analysis of the existing ordinance and a series of individual and small group stakeholder interviews held in July and August of These interviews identified a number of key themes and potential areas for improvement related to Atlanta s Tree Protection Ordinance. The themes identified include: tree protection and preservation; replacement and replanting requirements; tree maintenance; recompense; and education/outreach. Based on the key themes, WRT analyzed a number of municipalities in the southeastern U.S., including Athens, Georgia; Fairfax, Virginia; Savannah, Georgia; and Gainesville, Florida and cities such as Austin and Seattle. The options listed below address each of the key points identified in the stakeholder interview process and include examples of how other communities regulate similar issues. The report also includes a summary of the pros and cons associated with the proposed options. The intent of this report is to present a number of potential options for Atlanta to consider in updating its Tree Protection Ordinance. In general, the options described under each theme are not meant to be mutually exclusive and could be combined depending on the desired outcome. 1. Tree Canopy Preservation Key Points to Address: Emphasize preservation and quality of tree canopy over individual trees Emphasize tree / canopy preservation over recompense or replacement Different zoning districts or neighborhoods have different canopy coverage needs Species of trees preserved are not all equal in value No protection system for landmark trees Certain zoning requirements, i.e., setbacks, may inhibit tree preservation Options: Option 1.1 Establish a minimum percent canopy coverage requirement While interviews and observation suggest that the density of Atlanta s tree canopy varies across the City, there is no existing baseline information that allows Atlanta to / 1

2 evaluate the current condition of the canopy and monitor change. With this in mind, the City recently completed an aerial flyover and is gathering more information about the existing tree canopy. Based on the results of the study, Atlanta may choose to establish minimum coverage requirements with an emphasis on preservation and enhancement of the existing tree canopy. The intent of the Athens, Georgia Ordinance is to preserve the existing tree canopy and maintain an average of at least 45% canopy coverage across the County. Tree canopy coverage is defined as the land area covered by a tree crown or crowns, as measured in square feet and calculated by dividing the tree canopy cover by the total land area of the site. On lots equal to or greater than 12,500 SF a minimum tree canopy of 35-60% shall be conserved. 1 The Athens Ordinance emphasizes tree preservation over replacement by requiring the developer calculate the existing tree canopy and consider conservation when drawing preliminary site plans. An applicant may request an administrative waiver of tree conservation ; however, existing trees must be conserved to the greatest extent possible. 2 Criteria for meeting alternative compliance methods require the applicant prove the following: (1) zoning requirements, utility construction standards, street design, or exceptional conditions pertaining to the site (e.g., size, shape, character, topography, distribution of trees, etc), preclude the applicant from meeting conservation standards. In this case, a forest regeneration area or future forest area can be substituted for all or part of the tree conservation area. (2) When tree conservation requirements cannot be met for reasons listed in (1) and the site is surrounded by impervious surfaces or the landscape area is not large enough to establish a forest regeneration area, then additional planted trees may be substituted for all or part of the tree conservation area. Where no trees exist, no administrative waiver is required and any combination of a future forest area, regeneration area, and additional planted trees may be substituted for tree conservation to meet the total canopy cover requirement. In Athens, the remainder of the minimum total tree canopy cover requirement may be satisfied through the planting of trees after tree conservation requirements have been met. For trees to be eligible for any tree canopy cover credit, the required amount of open soil surface area must be present and protected around the tree and planting must meet the tree establishment standards ( (i)) and be protected in accordance with standards ( (h)). Individual trees planted in parking lots, along the street, in front, side, and rear yards, in village greens, in active recreation areas, or in any other unbuildable portion of the lot shall count for credit as planted trees and the overall tree canopy cover requirement. The Athens Ordinance also includes minimum standards for new trees (e.g., size, location, species, etc.). 1 The tree conservation percentages vary by zoning district. 2 The request for an administrative waiver of tree conservation must include an explanation of why tree conservation cannot be fully achieved and shall be accompanied by a tree management plan which illustrates the extent to which tree conservation can be achieved and the alternative compliance method(s) proposed as a substitute. / 2

3 In Athens, the intent is to establish an average of 45% tree canopy coverage across the County. Table 1 illustrates the range of coverage requirements by zoning district and by total site area and individual lots. Table 1. Athens, Georgia: Example of Tree Canopy Cover Requirements by Zoning District Land Use Zone ( ) Total Tree Canopy Cover, Conserved and Planted Conserved Tree Canopy Cover % of Total (lots >/=12,500sf) RS-40 (Single-Family, 40,000 SF) 50% 30% RS-25 (Single-Family, 25,000 SF) 50% 30% RS-15 (Single-Family, 15,000 SF) 50% 20% RS-8 (Single-Family 8,000 SF) 35% 0% RS-5 (Single-Family 5,000 SF) 35% 0% RM-1 (16 units per acre) 55% 35% RM-2 (24 units per acre) 50% 25% RM-3 (50 units per acre) 45% 15% Commercial-General 40% 10% Commercial-Downtown 0% 0% Commercial-Neighborhood 50% 25% Commercial-Office 45% 15% Employment-Office 40% 15% Employment-Industrial 40% 5% Industrial 20% 0% Notes: 1) The above requirements are for individual lots of the Athens Ordinance also includes requirements for sites with subdivided lots. 2) Requirements after issuance of certificate of occupancy. For single-family residential lots, tree canopy cover requirements and protected-tree status requirements do not apply after the issuance of a certificate of occupancy. For all other lots, including open-space areas within single-family residential subdivisions, the required amount of total tree canopy, conserved and planted, shall be maintained in perpetuity. The community of Fairfax, Virginia regulates tree canopy coverage based on 10-year tree canopy requirements that vary by zoning district. Where existing trees are healthy all efforts shall be made to preserve the existing tree canopy. Any portion of the tree canopy requirement that cannot first be met through the preservation of trees ( ) shall be provided through tree planting. A separate Public Facilities Manual projected the 10-year tree canopy calculation and levels of biodiversity. Additional tree canopy credits can be granted to encourage the use of native tree / 3

4 species, trees that provide special wildlife conservation benefits, and the use of varieties that develop desirable growth and structural patterns, etc. The Fairfax, Virginia canopy requirements by zoning district are generally less restrictive than the Athens standards. Table 2 illustrates the range of tree cover requirements applied in Fairfax. Table 2. Fairfax, Virginia: 10-Year Tree Canopy Requirements Percentage of site to be covered Use or Zoning District by tree canopy in 10 years Dedicated school, athletic field, non-wooded active recreation 10% Commercial; Industrial; Planned Development 10% R-12; R-16; PDH-12; PDH-16 15% R-5; R-8; PDH-5; PDH-8 20% R-3; R-4; PDH-3; PDH-4 25% R-A; R-P; R-C; R-E; R-1; R-2; PDH-1; PDH-2; and lowdensity areas of a PRC District 30% The City of Atlanta s Project Greenspace Plan set a goal of protecting and restoring Atlanta s tree canopy to meet a future target of 40% tree canopy coverage. As stated previously, as Atlanta completes its tree canopy analysis, updates aerials, and other GIS tree cover data, the City may want to consider including a required minimum canopy coverage standard by zoning district or other classification. Applicable Section: Sec or ; may require a new division or section in , e.g., (Preservation of Existing Tree Canopy) Canopy cover data is key to knowing what you have in order to manage it. Preserving stands of trees is often better that preserving individual trees. May be a more flexible option for developers. Canopy data information can be used to shape policy, set canopy goals, and determine new planting locations. Canopy goals can vary by zoning district. Cons: Cost of base layer and flyovers for new layers every 5-7 years. / 4

5 Staff training cost associated with interpretation of data. Individual lot canopy goal is costly to measure, maintain, and monitor. Preservation of existing trees is effective only if trees are in good health, who determines the state of the tree s health? What happens with zero lot line properties, where do we plant replacement trees? DBH is a more accurate and direct form of measurement, whereas canopy coverage is estimated based on future growth. How do you project future tree canopy coverage? Option 1.2 Apply more restrictive preservation standards for undeveloped vs. developed lots Atlanta could choose to adopt more restrictive standards for trees located on undeveloped properties vs. trees located on developed properties. For example, in Savannah, GA a permit is required to remove any tree greater than 2 DBH from an undeveloped property. On a developed property, the size of a tree requiring a permit increases to 18 DBH or greater. Single-family residential lots are excluded from the requirement, unless a tree is designated as exceptional per the Ordinance standards. A similar approach in Atlanta would impose stricter regulations on developers or property owners seeking to build on undeveloped property compared with owners seeking to redevelop or renovate an existing site. Note that Savannah does not currently define undeveloped property in its Ordinance. If Atlanta pursues this option, the City should consider how to define undeveloped property (e.g., should it include property that has been vacant for a certain number of years, land classified as agricultural land, etc.). Applicable Section of Current Ordinance: Sec or ; may require a new division or section in , e.g., (Preservation of Existing Tree Canopy) More tree canopy will be preserved. Promotes renovation of buildings over new building construction. Cons: Could create contention between individual residents and the development community. / 5

6 Option 1.3 Provide incentives for tree preservation Atlanta could consider options to better encourage tree preservation and conservation over removal and replacement. For example, in Fairfax, the Director of the Department of Public Works and Environmental Services may grant deviations and/or additional canopy credits in order to encourage the preservation of forest community that provide value environmental, ecological, and wildlife conservation benefits. The Director also has the discretion to grant additional canopy credits in order to encourage developers to preserve trees for official designation as heritage, memorial, specimen, and street trees. The Gainesville Ordinance includes a section that allows credit for preservation of existing trees ( ). Wherever shade trees are required, credit is given for the preservation of existing trees (properly protected during any clearing or construction on the property) and which meet the following criteria: (1) trees must meet requirements for location, spacing and type of tree; (2) trees shall have a minimum trunk diameter and crown spread as follows: Table 3. Gainesville, FL: Credit for Preservation of Existing Trees Existing Crown Spread of Preserved Tree Or Diameter of Tree Trunk 4 1/2 Feet Above Natural Grade 90 feet or greater or 36 inches or greater feet or inches feet or inches feet or inches feet or inches feet or inches feet or 2--7 inches 1 Number of Trees Credited The City could also consider a reduced or recompense (in the form of a rebate) and/or tax credits to encourage preservation of existing trees. In communities with minimum landscape requirements, another option is to offer credit for existing trees retained on site to reduce the amount of plantings required for new development and encourage preservation of existing on-site trees. Applicable Section of Current Ordinance: Sec or ; may require a new division or section in , e.g., (Preservation of Existing Tree Canopy) / 6

7 Preserves mature trees. Cons: May result in an over-mature canopy. Reduced recompense collection. Option 1.4 Allow for flexibility in district setback standards to encourage tree preservation Seattle allows reductions in front or rear yards to protect existing trees. To qualify for this reduction, the tree(s) shall be at least 6 DBH and must be in a condition and location such that it will not present a hazard to life or property following site development and can be expected to remain healthy for at least twenty years (as determined by a qualified tree care professional). The director may permit the applicant to shift proposed development activity and obtain up to a five foot reduction in front or rear yard requirements to protect an existing tree. Any yard reduction greater than five feet requires approval through a tree protection special exception. In this case, the applicant must prove the following: 1) the setback would make it impossible to protect existing tree(s) without causing undue hardship; 2) the setback does not go beyond the minimum necessary to protect the tree(s) as determined by a qualified tree care professional; and 3) the setback reduction will not result in a development that is detrimental to the character, design and streetscape of the surrounding neighborhood, considering such factors as height, setback, scale, yards, pedestrian environment, and amount of vegetation remaining. Applicable Section of Current Ordinance: Sec or ; may require a new division or section in , e.g., (Preservation of Existing Tree Canopy) Enhances tree canopy by preserving existing trees. 2. Tree Replacement / Recompense Key Points to Address: Emphasize maintenance of tree density over a tree for tree replacement / 7

8 Emphasize quality, diversity and maintenance of replacement trees over the number of trees Inch for inch replacement of trees on public lands may be too onerous and not healthy for trees The area allowed for off-site planting is limited consider where trees are most needed Recompense impacts are not equal among large developers and individual homeowners and small builders For large developers, it is generally considered easier to pay recompense than save trees Recompense needs to be measured against actual cost of replacing and maintaining trees Options Option 2.1 Establish a Tree Quality Point System In order to better address the value or quality of trees that are retained and replaced in the construction process, the City of Atlanta could adopt a system that is similar to one used in Savannah, GA. Savannah uses Tree Quality Points and Landscape Quality Points. Tree Quality Points are a mechanism used to quantify the relative value of trees that are planted or retained on a given site. Landscape Quality Points quantify the relative value of small trees, shrubs and ground cover which are planted or retained on a site. The required Tree/Landscape Quality Points for different types of development is as follows 3 : - Single Family Residential Subdivisions: 1600 tree quality points per acre - Commercial, Industrial, Multifamily: 400 landscape quality points per acre - Parking area (Commercial, Industrial Multifamily): 1200 tree quality points per acre Each tree species on the tree list has a Species Rating Quality Points Factor as follows: - Acceptable Recommended Preferred Exceptional 2.5 (in Savannah, must be certified by City Council) 3 City of Savannah Landscape & Tree Ordinance, Sec / 8

9 For preserved trees, Tree Quality Points (TQPs) are calculated as follows: (Diameter at Breast Height) 2 x (Quality Points Factor) = TQP s 4 For Planted Trees, Tree Quality Point assignment can be found in the species list. The following table is an excerpt from the species list with associated point factors: Large Canopy Trees for Tree Quality Points 5 (Trees with an average mature height of greater than 40', and a minimum of 30' canopy) R/O denotes trees which receive retention points only Botanical Name - Common Name Planting Points Quality Points Cunninghamia lanceolata - China Fir Cupressocyparis leylandii - Leyland Cypress Cupressus sempervirens - Italian Cypress Fagus grandifolia - American Beech Fraxinus pennsylvanica - Green Ash Ginkgo biloba - Maidenhair Tree Gleditsia triacanthos - Honey Locust R/O.50 Applicable Section of Current Ordinance: Sec Standards for tree replacement and afforestation. / Recommended Tree List Emphasizes the quality and potential canopy of the tree over the number of trees planted and preserved Provides an incentive to preservation over replacement by applying higher points for preservation. Tree species that are endangered/rare may be preserved. Promotes tree species diversity. Promotes native species planting. Eliminates exotic invasive species. 4 City of Savannah Landscape & Tree Ordinance Compliance Manual 5 City of Savannah Tree & Shrub List / 9

10 Cons: There is no guarantee that trees with high point values will reach the expected size at maturity. Requires additional enforcement to verify that the proper trees have been planted. Option 2.2 Establish a species diversity requirement To promote diversity in tree canopy, the City could establish a maximum percentage of any one type of species that can be planted on one site. Savannah has a diversity requirement for all nonresidential development sites of one acre or larger. This requirement allows no more than 50% of trees planted to be of the same species in order to increase species diversity. 6 This percentage could be modified to fit Atlanta s goals and could be applied to any type of development. Applicable Section of Current Ordinance: Sec Standards for tree replacement and afforestation. Diversity in tree species will increase the probability that most trees will survive and thrive if disease occurs in a particular species. Different trees have different tolerances, growth rates, and provide variation in canopy. Eliminates monoculture of species. Cons: Requires additional enforcement to verify that diversity requirements have been met. Availability of different species at nurseries varies. Option 2.3 Provide an illustrated best management practices guide A well illustrated guide book that explains in detail the proper techniques for planting and maintaining trees can have a significant impact on the health of new trees in the 6 City of Savannah Landscape & Tree Ordinance, Sec B.iii / 10

11 City. Several peer cities, including Savannah, Athens, and Decatur, GA have created illustrated manuals (that serve as companion documents to the Ordinance) to explain best practices for optimal tree health, including provisions for planting methods, protection fencing, grade changes, structural cells, materials, and pruning and mulching methods. Some examples from each manual are provided below and links to the full online manuals are provided in Appendix A. Athens-Clarke County, Georgia Decatur, Georgia / 11

12 Savannah, Georgia Applicable Section of Current Ordinance: New standards guide to accompany the Tree Protection Ordinance Better understanding of the regulations and tree preservation goals by residents and developers. Cons: Cost of developing the manual. Option 2.4 Allow for expanded off-site planting Atlanta s tree replacement planting requirements are very strong and allow for off- cases, however, site planting when space is limited on the owner s property. In some there is limited space to adequately accommodate the replacement trees, even within the one mile radius and NPU. One option is to identify public lands throughout the City that have a low tree canopy as calculated in the City s upcoming tree canopy study. These lands would include public lands and rights-of-way to be designated as priority planting areas for off-site planting and could be applied city-wide. Applicable Section of Current Ordinance: Sec (a) Minimal impact on trees; replacement trees Will provide flexibility for tree replacement and increase canopy where it is most needed. / 12

13 Allows for planting by builder/developer instead from the Tree Fund. Prevents overcrowding of trees on sites with limited space. Allows for more plantings in the right-of-way and within front setbacks on private property. Cons: Selecting offsite locations needs to be well thought out and may become political. Increases the cost to the City for inspection, enforcement and maintenance over wider geographic area. May result in ad-hoc plantings. Option 2.5 Use a canopy credit system for recompense If the City chooses to move towards a focus on preserving tree canopy, it may make sense to base the recompense formula on the potential canopy coverage (estimated size at maturity) of planted trees rather than on a per tree or per acre basis. This may help to address the difficulty in applying a once size fits all cost formula to trees with different values. Sandy Springs, GA uses a canopy credit approach to applying a value system on trees with different canopy sizes. The following table illustrates how the canopy cost assignment is applied. Sandy Springs Tree Conservation Ordinance Canopy and Cost Assignment 7 Tree Size Canopy sq. ft. Canopy Credits Approx. Dimensions $375/credit Trees / 50% Canopy Minimum size at planting Small X 16 $ Medium X 22.5 $ to 2.5 Large X 31.5 $ to 2.5 First, a canopy deficit is calculated by subtracting the provided canopy (protected and planted trees) from the required canopy, rounded up to the nearest 250 square foot increment. Each 250 square foot increment of deficit constitutes one (1) canopy credit. Canopy credits are assessed at a cost of $ per credit. 7 Sandy Springs Tree Conservation Ordinance, Administrative Standards and Best Management Practices / 13

14 The cost assignment is based on average wholesale cost for trees at various sizes that would provide comparable canopy, plus shipping, labor, installation, and three years maintenance. Sandy Springs canopy credit approach is more simplified than Savannah s Tree Quality Points system in that the credit is based only on size rather than size and species. Savannah, however, does not apply a dollar value to the tree quality points in the ordinance. Applicable Section of Current Ordinance: Sec (b) Recompense. Promotes tree quality and canopy potential over the size and number of individual trees. Easier to administer than Tree Quality Points described in Option 2.1. Cons: There is no guarantee that trees with high point values will reach the expected size at maturity. It is unknown when a tree will reach its potential. Canopy potential varies by species, genetics, and site properties. What happens if tree does not reach its potential, should it be replaced? Calculating canopy deficit and determining the cost per credit is complicated. Option 2.6 Allow for alternative mitigation measures on public lands Atlanta currently has very strong tree replacement standards on public lands. The inch for inch replacement requirement can be very effective in increasing tree coverage. However, in some instances the space for planting is too limited to maintain a healthy balance of tree growth. One option is to expand the off-site tree planting area as described in Option 2.4. Another option is to allow for alternative mitigation measures that improve the environment for healthy tree growth and enhance overall environmental quality. Such mitigation measures may include allowing high value canopy trees to count as more than one tree, invasive species removal, and habitat management. / 14

15 Applicable Section of Current Ordinance: Sec (a) Minimal impact on trees; replacement trees Provides flexibility for sites with limited space to accommodate the replacement requirements. Promotes quality over quantity of trees by preventing potential overcrowding, incentivizing higher quality tree species, and promoting invasive tree removal. Mitigates potential habitat destruction through habitat management option. Cons: Will likely add to costs of monitoring and enforcement. Option 2.7 Expand the recommended species list to include recommended use and environmental tolerances. Atlanta s recommended tree list identifies the canopy size at maturity, native vs. non- locations. The list could be native trees, and planting recommendations for specific improved with more specific details on recommended use and environmental tolerances to improve health and maintenance of planted trees. One example is Sandy Springs, GA s Tree Species List, which provides a table that indicates the canopy size, recommended use, suitability for different uses, physical characteristics, and environmental tolerance of each tree species. The table is located in Appendix B. Applicable Section of Current Ordinance: Recommended Tree List Promotes healthy tree growth. C ons: Cost of research and compilation. 3. Special Trees Historic Trees and Boundary Trees Key Points to Address: Landmark trees are defined in the ordinance but do not have special standards / 15

16 The ordinance does not specify who determines the impact on boundary trees and who is responsible for replacement or payment of damaged boundary trees. Options Option 3.1 Prohibit or strictly limit removal of historic trees and require equal value replacement and/or increased recompense. The current tree ordinance for Atlanta does not include standards for historic trees, which are defined in the ordinance and designated by the City Arborist. Most ordinances that address historic or landmark trees include a statement that historic trees may not be removed unless hazardous, dead, or dying, as determined by the arborist. Atlanta may want to consider making this specific statement to strongly express the intent to protect historic trees. Rather than prohibiting all removal of healthy historic trees, the City could instead discourage removal of historic trees by increasing the required replacement and/or recompense. For example, the destruction or removal of a historic tree could require replacement with trees of comparable species and size potential. In this option, the ordinance would require replacement trees for the destroyed historic tree to fully mitigate the loss of the entire measured canopy area of the historic tree. Sandy Springs, GA requires replacement with a comparable species and with a canopy potential of 150% of the canopy of the landmark tree. Using another similar approach, Atlanta could increase the required recompense for removal or destruction of a historic tree so that it is more expensive to remove historic trees. Applicable Section of Current Ordinance: New Section Codifies additional requirements for protecting Historic and Boundary trees. Promotes preservation of historic trees over replacement. Ensures that replacement trees or recompense are of equal value to the historic tree. C ons: Availability of specific trees at nurseries varies. There is no guarantee that the replacement tree will reach the same size at maturity as the replaced historic tree. / 16

17 Realizing the replacement effects on the tree canopy with take a long time. Heavy requirement similar to the current public tree replacement requirement. Option 3.2 Keep an official record of designated historic trees To help with keeping track of the status of historic trees in Atlanta, the City could establish a GIS database of the location and description of all designated historic trees. Photos could be added to the database and markers at the base of trees can be used to document the location of the trees. The Athens, GA ordinance actually requires that the city arborist establish and maintain such a database. Applicable Section of Current Ordinance: Sec Definitions Managing historic tree preservation is made easier with an inventory. Administrative costs will be lower in the long run with a more efficient method of monitoring and managing trees. Cons: Upfront costs of GIS setup and data collection may be expensive. Option 3.3 Establish an escrow account for boundary trees The Atlanta tree ordinance currently includes standards for protecting boundary trees. The ordinance requires that, if a boundary tree is illegally removed, the applicant must compensate the City for the cost of replacement. Currently, the adjacent property owner does not get compensated for the cost of removal or replacement if the tree is damaged and later dies. To address this issue, the City could require the applicant to deposit money into an escrow account to offset the cost of removal and replacement of a boundary tree and return the funds in a specified time period (in Sandy Springs, GA it is three years) to the applicant if the replaced tree stays in good health. Sandy Springs, GA, requires the applicant to deposit money into an escrow account prior to issuance of a tree removal permit for a boundary tree. The amount is computed based on comparable species and canopy potential of the replace boundary tree. The adjoining property owner may petition the City Arborist for the payment of the escrow funds to remove and replace the replacement tree if it is determined by the City Arborist that the replacement tree failed to survive. Notice of the decision is / 17

18 provided to the petitioner and the applicant and either party may appeal the City Arborist s determination. Applicable Section of Current Ordinance: Sec (b) Boundary trees. Clarifies who is responsible for compensating for the loss of boundary trees. Provides fair compensation for the adjacent property if a boundary tree is damaged and needs to be removed and replaced (currently, the property owner is not compensated for tree removal). Offsets the cost of removal and replacement of a boundary tree if it dies as a result of construction activities. Requires replacement trees to stay healthy for three years before funds are returned. C ons: Increases administrative and legal costs to set up the escrow account. Who is responsible for determining good health and who determines if poor health was as a result of construction activity? Option 3.4 Provide incentives for preserving historic trees and boundary trees. The City could provide incentives for preserving historic trees and boundary trees and disincentives for removing or damaging them. One possibility is to eliminate the cash payment option for removing or destroying historic and boundary trees. Savannah s approach is to apply the highest Tree Quality Point to exceptional trees, which include historic trees. In Sandy Springs, canopy credit is granted for the entire canopy area (including critical root zone) of a successfully protected boundary tree. Other types of incentives could include a reduced canopy coverage requirement by zone, reduced setbacks, and reduced recompense for successfully protected historic and boundary trees. Applicable Section of Current Ordinance: New Section Canopy credit is an ideal approach for protecting the entire tree, including the critical root zone. / 18

19 Reduces recompense for successfully protected historic and boundary trees. 4. Ordinance User Friendliness Key Points to Address: The ordinance is disorganized and not easily comprehended There are some conflicting requirements from different codes and departments Options Option 4.1 Reorganize the ordinance The current tree ordinance is somewhat disorganized and difficult to follow. A simple reorganization of the ordinance into a more user friendly format, without changing the content, may help with improving comprehension. Decatur, GA s ordinance is well organized and formatted in a user friendly format and provides a good example for Atlanta. In addition, The Tree Next Door created a recommended format, specifically formatted for Atlanta s Ordinance (see Appendix C). Promotes better understanding of the ordinance by residents and developers. Easier interpretation and enforcement of the ordinance by staff. Cons: Cost to re-format the ordinance. Option 4.2 Develop a user friendly manual with illustrations. The City of Atlanta currently has a handbook to help guide developers and residents through the tree ordinance regulations and permitting process. The handbook is helpful, but could be improved with simple illustrations to more effectively communicate the intention of the regulations and improve comprehension of defined terms. As described in Option 2.3, the City could develop a user friendly manual to accompany the Tree Protection Ordinance. Some examples from other ordinances are provided below. / 19

20 Charleston, SC Athens-Clarke County, GA Promotes better understanding of the ordinance by residents and developers. Cons: Cost to create the manual. 5. Miscellaneous Non Ordinance Related Key Points to Address: Most people are unaware of the ordinance, the need to get a permit, how to obtain a permit, and the appeals process The overall value of protecting trees is not understood by everyone Proper maintenance of trees is not practiced or understood by everyone The tree removal permitting process is considered unaffordable for low income and elderly homeowners. / 20

21 Options Option 5.1 Improve communication about the ordinance To improve communications about the ordinance, the permit process and the appeals process, the City may want to expand the media approach used to advertise the intent of the ordinance and the permitting process, including community service ads and inserts included in utility bills. The website does include information about the ordinance and related processes, but is not easy to find. Providing a link to a page devoted to tree protection regulations, processes, and educational resources on the City s main webpage as well as on community service announcements and utility bills may help improve communication. P ros: May result in fewer appeals to Tree Conservation Commission. Should result in more tree/canopy preservation through a better informed public. Cons: Cost of producing outreach materials and updating resources. Option 5.2 Create an education program on the value of saving and protecting trees A significant way to encourage tree preservation is to educate the public on the personal benefits and overall value of saving and protecting trees and site planning practices that reduce disturbance. Producing brochures that describe the benefits of tree preservation could be distributed at community events, council meetings, other public events, and neighborhood meetings. If the City develops a best management practices guide to accompany the tree ordinance, an educational component could be included to target developers. The City arborist division and office of parks could work with Trees Atlanta and participate in their outreach programs at citywide festivals. The following is an excerpt from practices manual: Athens-Clarke County, GA s best management / 21

22 The Benefits of Trees 8 Trees provide you, and our community, with many environmental, social, and economic benefits. Many of these benefits are tangible and measurable. Some of the more important benefits are highlighted below: Trees improve air quality. Their leaves absorb carbon dioxide during the process of photosynthesis, and produce as a by-product the oxygen we need to breathe. Tree leaves also absorb other pollutants and particulate matter from the air. Trees save energy. They shade our homes and offices, and the streets, parking lots, and other pavement that surrounds them. They cool the air as their leaves evaporate water. Trees reduce stormwater runoff. Their leaves and branches intercept rainfall and release it slowly, thereby reducing runoff and helping to maintain water quality. Trees improve water quality and reduce soil erosion. Their roots hold the soil, reduce erosion, and decrease the amount of sediment that enters our creeks, streams, rivers, and lakes. Trees provide wildlife food and habitat. Their flowers, fruits, leaves, buds, and woody parts are important to the survival of birds, mammals, insects, and other wildlife. The decay of these tree parts caused by bacteria and fungi also increases the fertility and structure of the soil. Trees enhance recreational opportunities and attract visitors and residents to our community. They create an aesthetically pleasing and comfortable place in which to live, work and shop. Trees also create a natural setting for recreational activities such as walking, jogging, bicycling, golfing, and bird watching. The value of community trees is also reflected in increased property values. Opportunities for partnering with other agencies and nonprofits to reach a broad audience and reduce costs. Promotes tree preservation through better understanding of the benefits of trees. Cons: Cost of outreach efforts and materials. 8 Best Management Practices for Community Trees, Athens-Clarke County, GA / 22

23 Option 5.3 Provide financial assistance to income qualified seniors for tree assistance Interviews with City stakeholders revealed that tree maintenance and the permitting process for removing hazardous trees may be too costly for low income households and/or seniors. The tree recompense fund currently does not allow for the use of funds to remove trees. The City could consider using a percentage of the fund or a fixed amount allocation of the fund for hazardous tree removal and tree maintenance assistance for income qualifying seniors (based on HUD criteria). Currently, there is no fee for inspection of and permitting for hazardous tree removal. Any new assistance program would need to ensure that low income seniors are still covered under the current policy. The City could also explore ways to partner with other agencies to create a tree assistance program for low income seniors that provides financial and technical assistance for maintenance, silviculture, or removal of dead, dying, diseased or hazardous trees. Examples of potential partnership agencies may include the Bureau of Buildings, Bureau of Housing, and the Fulton County Office of Aging. Such a program has been developed in Cleveland, OH. The Cleveland Department of Aging in partnership with the Department of Parks, Recreation and Properties and the Department of Community Development created the Cleveland Tree Assistance Program for Seniors 9 to help seniors with limited incomes with hazardous tree and branch removal on their personal property. Provides an equitable service for low income seniors. May prevent non-permitted tree removal and non-professional maintenance practices. Results in safer and healthier trees. Reduces liability for trees that overhang the right-of-way. Cons: Cost of establishing an administering the program. Application materials verified and income qualification must be formulated. The program would have to be codified. 9 / 23

24 If recompense funds are used for tree assistance, prioritizing the various uses of the funds could be contentious. The City would need to set limits, such as one per homeowner per year or an overall maximum number of trees. Will the City be involved with the administration of tree removals, such as selecting the tree removal company, etc? APPENDIX A Links to Ordinances Athens-Clarke County, Georgia Tree Management Ordinance: chapter-8-7-community-tree-management-ordinance/ Athens-Clarke County, Georgia Best Management Practices for Community Trees: community-trees/view Fairfax, Virginia Tree Conservation Ordinance: Cleveland Tree Assistance Program for Seniors: Columbus, Georgia Tree Planting and Protection: Charleston, South Carolina Tree Protection Regulations: Decatur, Georgia Tree Preservation and Replacement: Gainesville, Florida Tree Preservation and Replacement: Sandy Springs, Georgia Tree Conservation Ordinance and Best Management Practices Manual: / 24

25 Savannah, Georgia Landscape and Tree Ordinance: 2e5/579d aa85256c5a004a73c3/$FILE/Landscape_and_Tree_Ordinance_ May1007.pdf Savannah, Georgia Tree Ordinance Manual: 86B00598E1F/$FIL E/Tree%20Ordinance%20Manual%202008%20feb- %20Final%20Version.pdf Savannah, Georgia Tree, Shrub & Ground Cover Lists for Quality Points: A9C8/$FILE/City_of_Savannah_Tree_List_Sept-2007.pdf APPENDIX B Sandy Springs, Georgia Tree Species List (see Option 2.7) Attached as separate file / 25

26 APPENDIX C Atlanta s Tree Protection Ordinance: The Basics Formulated for The Tree Next Door by Tom Coffin, Ph.D. Permit requirement. A permit is required to remove, destroy or injure any tree on city- owned property, regardless of size, or any tree of 6 inch or greater diameter at breast height (dbh) on private property. There are no exceptions, either by species or present condition. Even dead trees require a permit for removal. [Sec ; Sec (a)] Enforcement. The forestry division of the Bureau of Parks has jurisdiction over cityowned trees. The arborist division of the Bureau of Buildings has jurisdiction over privately owned trees. Both foresters and arborists have police power to enforce the ordinance. The APD may be called (911) to halt any tree removal or tree destruction activities until a permit for the removal or destruction is obtained. [Sec ] Dead, dying, diseased or hazardous (DDDH) tree permits. DDDH applications are approved or denied based on an individual tree inspection by a city forester or arborist. Denied DDDH applications may be appealed. Approved permits may not be appealed. DDDH permits do not require prior public notice, though the permit must be posted on site for public inspection. [Sec (c)(1)] B uilding construction, renovation or demolition tree permits. Building plans are submitted to the Bureau of Buildings. Copies are routed to the arborist and, if necessary, forestry divisions for review. [Sec (d)] Notice of Plan Submittal posting. If initial cursory evaluation indicates the intent to remove, destroy or injure trees on the subject or adjacent properties a Notice of Plan Submittal posting is made by placing an orange sign on the property announcing the potential for tree removal. This sign must remain in place for a minimum of 10 calendar days. The impacted trees do not need to be marked at this stage. The plans are available for public inspection in the arborist division. [Sec (e)(?) (as amended)] Preliminary Approval posting. If plan review determines that trees must be removed or destroyed in the intended construction a Preliminary Approval posting is made by placing a yellow sign on the subject property for a minimum of 5 working days. The impacted trees must be prominently marked with orange paint and the plans must match the site conditions for this posting to occur. Arborist decisions that include errors of law or of fact may be appealed. The / 26

27 appeal must be made within the 5 working day period. [Sec (e)(f)(?) (as amended)] Site plan requirements for building construction. A building site plan must include the following elements: a tree survey identifying the size, species and location of all hardwoods of 6 inch or larger dbh and all pines of 12 inch or larger dbh Trees to be saved and trees to be destroyed are labeled Boundary trees on adjacent properties are identified topography at two-foot contour intervals is usually necessary existing and proposed structures, including driveways and parking areas, water detention ponds, utilities, material staging areas, and all areas requiring cut or fill the root save area (critical root zone) of each tree to be saved must be identified, along with a calculation of the percentage of the area to be impacted by construction tree protection fences must be correctly located a proposed tree replacement plan must be included, as well as the manner that the newly planted trees will be watered A paid maintenance contract may be required If a construction limit line is established on the plan it must also be established by a tree protection fence on site, beyond which no activity is allowable [Sec (a)(b)] Landscape permits. Permits to remove trees for landscaping are subject to the same requirements as building permits, but the plans are submitted only to the arborist division and do not need to be as detailed. Posting, tree protection, replacement and recompense provisions are the same as for building permits. [Sec (c)(2)] Silvicultural permits. Permits to remove trees for forest stand improvement also must be appro ved by the arborist division. They are subject to the posting and tree protection requirements, but may or may not be subject to the replacement and recompense provisions of the ordinance. [Sec (c)(3)] Location to house permits. A tree within 5 feet of the foundation of a single-family residence or a duplex is usually approved for a permit as a DDDH tree if it meets several additional criteria. [Sec (i)(1-12)] Additional criteria for non-dddh tree permits. All requirements of the ordinance must be met; a tree replacement plan must be approved; and, in the case of building permits, the tree is located within the buildable area of the lot or in the setback or required yard areas that must be used for driveways or utilities that cannot be accomplished through any other means. [Sec (a)(1-3)] Undesirable species. A permit to remove certain healthy trees Mimosa, Ailanthus, White mulberry, Paper mulberry, Chinaberry, Paulownia, Cherry laurel, Bradford pear / 27

28 and Leyland cypress may be granted without recompense if the tree in question is less than 12 inches dbh and meets certain other criteria. [Sec (b)] Nuisance trees. A DDDH tree on private property may be declared a nuisance and its removal forced if it threatens public streets or public property. [Sec (1)] Standards for tree replacement. The ordinance calls on both homeowners and builders to minimize the impact on trees on their properties and to replant an equal number of trees to replace those removed for construction or landscaping purposes. Replacement trees shall be overstory (> 80 at maturity) planted at a minimum of 35 on center or mid- to canopy (60-80 at maturity) planted at a minimum of 25 on center. Only if site conditions require may understory or ornamental trees be planted at 15 on center qualify as recompense. No undesirable species may be planted for recompense. [Sec (a)(1-2)] Recompense. A signature feature of the Atlanta Tree Protection Ordinance is recompense, the purpose of which is to recoup some of the lost public value that occurs in the destruction of trees. Recompense is satisfied by the in-kind planting of replacement trees or by in-cash payment into the Tree Trust Fund according to various formulae. All hardwoods of 6 inch dbh and greater and all pines of 12 inch dbh or greater are subject to recompense. [Sec (b) and (c)(1)] Standard Recompense. The formula below is the most common form of recompense: R = $ (Nrem - Nrep) + $30.00 (TDBHrem - TCIrep), R >=0 Where R = cash recompense Nrem = number of trees removed Nrep = number of trees replaced TDBHrem = total diameter inches of the trees removed TCIrep = total caliper inches of the trees replaced Maximum recompense. New subdivisions, new lots of record and vacant lots may qualify for maximum recompense with different requirements for different zoning classification. using various formulas is established by zoning category. Additional formulas for low income housing units, infrastructure development and conservation easements are also established under maximum recompense formulae. [Sec (c)(2-8)] Tree protection. On lots and subdivision of one acre or more environmentally sensitive areas such a wetlands, streams, stands of mature trees and other significant aspects of the natural environment must be included on the site plan and protected to the maximum degree possible. On sites of less than one acre trees in the setback and required yard areas must be protected to the maximum degree possible. No more than 10 percent of the / 28

29 trees in a wetland or floodplain may be approved for removal or destruction. [Sec ] Legal penalties for illegal destruction or removal. The city arborist or forester may cite under the Atlanta Code of Ordinances the owner, architect, builder, contractor and/or tenant on any site where trees are removed or destroyed without a permit. Such cases are adjudicated in Municipal Court as misdemeanors, subject to fines of $500 for the first offense, $1000 for each offense thereafter. [Sec (a)] Administrative penalties for illegal destruction or removal. The city arborist or forester may also charge illegal destruction under the specific provisions of the Tree Protection Ordinance. Such charges, if appealed, are adjudicated by the Tree Conservation Commission. Violators are usually subject to Standard Recompense plus $500 for the first tree, $1000 for each additional tree, and often also required to replant a tree for each tree removed or destroyed. Special provisions exist for cases where an unknown number or unknown diameters of trees removed cannot be determined. [Sec (a)(b)] Tree conservation commission (TCC). The TCC theoretically consists of 15 members, eight appointed by the mayor and seven by the city council. All appointees are approved by city council. Mayoral appointees include a registered landscape architect, a registered architect, a member of an environmental organization, a real estate professional, a private arborist, two lay citizens interested in environmental protection, and either a botanist, forester, horticulturalist or nursery worker. Council members can appoint a residential builder, a residential developer, a commercial or industrial developer, an urban or environmental resource planner, and three lay citizens. Appointments are for two years. Provision is made for the filling of vacancies and for temporary appointments. Administrative staff is assigned by city government. [Sec and ] TCC powers and duties. In addition to its primary functions of hearing appeals and educating the public, the TCC is tasked with assisting the city arborist in maintaining records of historic, specimen or environmentally significant trees in the city, reviewing and approving arboricultural and legal standards of enforcement, and assisting the city forester in the creation of a master plan for the urban forest. [Sec ] TCC meetings. The commission holds monthly business meetings open to the public. A full-time city employee serves as clerk to maintain all records of the commission. [Sec ] TCC appeals. An appeal before the commission must be based on allegations and evidence that a decision by a city official usually, but not necessarily, an arborist or forester misinterpreted or misapplied specific sections of the Tree Protection Ordinance. Appeals must be filed with the clerk of the commission within the 5 calendar days established by the preliminary approval posting described previously. A $75 / 29

30 administrative fee or a detailed and signed hardship letter must accompany the appeal. [Sec (a)(1)(2)(3)] Who may appeal. Appeals regarding trees on private property are based on residence or ownership of property or business within the neighborhood planning unit (NPU) in which the subject property is located or within 500 feet of the property. Appeals regarding trees on public property may be made by any citizen of Atlanta, any owner of property or a business in Atlanta, or any civic organization in the NPU in which the trees are located. [Sec (a)(1)] After an appeal is filed. Any activity authorized by the decision under appeal is stayed: no permits shall be issued, no trees cut, nor earth disturbed. The clerk sets a hearing date. Public notice of the hearing, including the posting of a white appeal sign on the property, must be made at least 15 days prior to the hearing. At least two weeks prior to the hearing the appellants and other interested parties must submit in writing their detailed appeals. Within one week of the hearing all rebuttal arguments and evidence must be submitted in writing. No new evidence will be heard by the commission unless such evidence emerged in the week prior to the hearing. [Sec (a)(5)] Appeal hearing. At least three commission members must be present for a quorum. Any person, agent or attorney may sign up to speak at the hearing. Time limits are established for evidence and rebuttal by all parties. Requests for additional time must be made in advance of testimony. Following presentations by all parties the commission closes public comment and discusses the case. A ruling, determined by majority vote of the commissioners present, is usually made at the hearing. Specific circumstances may delay a ruling, but not for more than two months. [Sec (a)(5)] Superior Court appeals. Commission decisions may be appealed to the Superior Court of Fulton County. Written notice of an intent to appeal must be filed with the clerk of the commission within six calendar days of the written decision of the commission in order for the stay on activity to remain. [Sec (b)] Frivolous appeals. An appeal can be declared frivolous by a vote of the commission in advance of the hearing if it clearly appears that no facts could be brought forth at a hearing that could sustain such an appeal as a matter of law. The clerk then notifies all parties of the decision. A notice of an intent to appeal a frivolous ruling must be made in writing to the clerk within 3 working days of the commission s written ruling. [Sec (c)] Glossary of Key Terms Boundary tree means a tree on adjacent property whose root save area intrudes across the property line of the site under consideration. Buildable area means that area of the lot available for the construction of a dwelling and / 30

31 permissible accessory uses after having provided the required front, side, rear and any other special yards required Critical root zone (Root save area) means the area surrounding a tree that is essential to that tree's health and survival. For a free-standing tree with no apparent root restrictions the root save area shall consist of a circle having a radius of one foot for each one inch of diameter at breast height of the tree. Destroy means any intentional or negligent act or lack of protection that is more likely than not to cause a tree to die within a period of five years, as determined by the city forester or city arborist. Such acts include, but are not limited to: performing grade changes (including lowering or filling the grade) that affect more than 20 percent of the root save area; trenching of roots; cutting, girdling or inflicting other severe mechanical injury to the trunk, roots or other vital sections of the tree; removing in excess of 20 percent of the live crown of the tree; inflicting damage upon the root system of a tree by the application of toxic substances, including solvents, oils, gasoline and diesel fuel; causing damage by the operation of heavy machinery; causing damage by the storage of materials; and/or deliberately or negligently burning or setting fire to a tree. In addition, topping, tipping, or any similar improper pruning practices will automatically be deemed as destruction of a tree. Diameter at breast height (DBH) means the diameter of the main stem of a tree or the combined diameters of a multi-stemmed tree as measured 4.5 feet above the natural grade at the base. The top diameter of a stump less than 4.5 feet tall shall be considered the "DBH" of an illegally destroyed tree for the purpose of calculating recompense. Hardship means a unique or otherwise special existing condition that is not addressed by the ordinance. Hazard tree means a tree with uncorrectable defects severe enough to pose present danger to people or buildings under normal conditions, as determined by the city arborist or city forester. Illegally removed tree means any tree that is removed or destroyed without a permit. Impacted tree means a tree that will suffer injury or destruction of more than 20 percent but not more than 33 percent of its root save area. Incursion means any occasion of prohibited activity within an area protected by a tree protection fence. Injure means any intentional or negligent act, including various tree climbing practices, spiking, trimming, flush cutting, incursion into a designated root save area, and the use of climbing spurs or gaffs on trees not subject to removal that exposes the cambium of a tree to insects or decay organisms. Lost tree means any tree whose root save area will suffer injury or destruction in excess of 33 percent or is otherwise not protected according to the provisions of this article. / 31

32 Private property tree means for purposes of this article, where reference is made to a tree being on "private property", the tree shall be deemed to be on private property wheremore than 50 percent of the flair of the tree, where the tree interfaces with the earth, is located on private property. Public property tree means for purposes of this article, where reference is made to a tree being on "public property", the tree shall be deemed to be on public property where at least 50 percent of the flair of the tree, where the tree interfaces with the earth, is located on public property. Saved tree means any tree that is to be protected and not destroyed or injured during construction as required by this article. Structural root plate means the zone of rapid root taper that provides the tree stability against windthrow. The radius of the root plate is proportional to the stem diameter (DBH) of a tree [ ]. Tree means any self-supporting woody, perennial plant that has a trunk diameter of two inches or more when measured at a point six inches above ground level and which normally attains an overall height of at least ten feet at maturity, usually with one main stem or trunk and many branches. Tree replacement plan means a drawing which depicts the location, size and species of existing and replacement trees on the lot for which a permit is sought, and a table detailing, by species and DBH, the existing trees to be saved, lost or destroyed, and, by species and caliper, the replacement trees to be planted. / 32