Proposed Tree Ordinance and Administrative Standards

Revision03/21/2019

By Kay Evanovich, City Arborist,

I.S.A Certified Arborist, TRAQ #SO-4155A

Design, Environment, and Construction Division

Public Works1

The Purpose Of This Presentation Isdiscuss proposed revisions to the Ordinance and Administrative

Standards

• To explain input received from the Environmental Sustainability Board, citizens groups, and industry professionals.

• To describe incentives to save trees and their existing soils.

• To discuss details of our proposed changes and how they will help us to meet the City’s community forestry goals.

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The major proposed changes to our tree protection ordinance and administrative standards after input was received from:

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Environmental Sustainability Board

Citizens groups

Industry Professionals and City Management

Ordinance Changes:

9.1.5. - Tree Canopy Cover Requirements

• A. A minimum amount of 45% tree canopy cover shall be required on public and private commercial properties within parking lots and within and extending over impervious surfaces and as a condition of protected tree removal, land development, or disturbance as further defined in this Section.

• B. Existing protected trees and the soils they exist in on (add new date of ordinance revision) shall be conserved on a property to the greatest extent possible. On single family residential homeowner occupied property no less than 25 % of the existing protected tree canopy tree cover must be conserved, except as noted in Sec. 9.1.17.A. The establishment of additional tree canopy cover shall not be required unless as a condition of protected tree removal or tree disturbance as further defined in this Section. Commercial and residential properties that require a land disturbance or building permit shall preserve in existing trees 25% of the existing lot square footage in canopy cover unless less than that exists on the lot then alternative compliance must be met.

• C. Trees conserved or planted to meet the requirements of this Section shall be conserved on the site in perpetuity unless the trees become untreatably diseased, infested, or become a moderate to high risk as determined by a TRAQ qualified Arborist without the ability to reduce the risk to an acceptable level. Required canopy cover lost over time shall be replaced during the first planting season after the loss occurs.

9.1.6. - Parking Lots

A. Any redevelopment project that results in the removal and

replacement of 50 percent or more of an existing parking lot, other than

routine maintenance of the parking lot surface, shall be subject to the

requirements of this section.

B. Parking areas containing more than 20 off-street parking spaces on any

parcel shall contain parking lot trees. Parking lot trees may be counted

toward tree replacement requirements.

D. Parking lot trees must be a minimum of 2.5-inch caliper and no parking space shall be more than 50

feet from a tree. A 50-foot dashed radius circle for each parking lot tree shall be depicted on the tree

protection and replacement plan. Overstory trees shall have a minimum of 200 square feet per tree

per planting area or be designed using structural soils or silva cells.

E. Parking lot tree islands shall terminate each row of parking and shall be a minimum of nine feet

wide. Interior islands shall be a minimum of eight feet wide. Tree islands shall be backfilled with

suitable soils and shall be free from construction site debris. Root barriers shall be used to prevent

damage to hardscapes.

F. Light poles and associated underground electric lines shall not be allowed in parking lot tree islands.

A 20-foot minimum spacing is required between the trunks of all deciduous shade trees and any

existing or proposed light poles. The final light pole locations shall be depicted on the plan with a 20-

foot dashed radius circle around each light pole. Non hardwired solar lights shall be exempt from this

requirement.

• 9.1.7. - Tree Canopy Cover Credit • A. All existing healthy trees greater than 4 inches DIAMETER AT BREAST HEIGHT, with the exception of invasive and non-native, flowering ornamental species, shall be eligible for tree canopy cover credit. Invasive species and nonnative, flowering ornamental species are identified

in the tree species list. Any tree transplanted using the tree spade method from one area on the permitted site and relocated to a different area of the permitted site will be given credit at 1.5 times the canopy credit. Trees transplanted at an alternate location shall receive actual canopy credit. See Administrative Standards IV.

Transplanting included

Measure canopy as the amount of lot area covered by canopy and remove the ability to count canopy from

neighbor’s trees.

• 9.1.7. - Tree Canopy Cover Credit

• B. The amount of tree canopy cover on a site shall be measured as the percent of the lot area that is covered by tree canopy, including canopy that projects over buildings and impervious surfaces. The canopy projected over and onto the applicant's property by a tree growing on a public property may be included in the measurement of total tree canopy cover existing on a site. Tree canopy that comes onto the lot from property line shared ownership trees may be counted toward canopy coverage

Change specimen tree to listed champion or historic tree and any native moderate to high value tree

• 9.1.7. - Tree Canopy Cover Credit

• C. The amount of tree canopy cover credited to individual or group of existing trees

shall be the actual projection of the combined crowns onto the ground measured in square

feet as described in the administrative standards. The preservation of specimen trees

within the buildable area of a lot shall receive double canopy credit in the calculation of

existing tree canopy. A Specimen tree is any tree listed on the Champion tree list from

Trees Atlanta or Georgia Forestry Commission, or any protected native tree that has a

moderate to high value rating.

Strengthen incentives to save treesTree Preservation Award created for permitted sites that save trees and their soils

beyond the minimum code requirements

TREE PRESERVATION AWARD

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FOR PRESERVING TREES AND ENHANCING

THE ENVIRONMENT IN DECATUR

Awarded 02/20/2018

_____________________________________________ KAY EVANOVICH, CITY ARBORIST

____________________________________________ , MAYOR

Creates a Canopy Loss fee based on the cost of lost benefits to the City until a replacement canopy has grown

• 9.1.7. - Tree Canopy Cover Credit• E. A Canopy loss fee based on lost benefits to the community shall be in the established in the City fee schedule for the purpose of calculating payments to the tree bank. The fee will be a rate per inch of diameter at breast height times 20 years. A Canopy loss fee of $8.60 per inch of tree trunk diameter at breast height (dbh) times 20 years is suggested be paid to the tree bank by the individual whose name is listed on the permit as the owner, if owned by a corporation, LLP, or LLC then by the individual listed as the CEO or Managing Partner for any high or greater evaluated tree that could have been saved but is removed. There is a $3440.00 maximum per tree over 20 inches of trunk diameter at breast height for 2019.

• Example: $8.60 x 16 (inches dbh) x 20 years= $2752.00 canopy loss fee

• A 50% Reduction in canopy loss fees is allowed on residential properties if the site design includes Green Infrastructure Practices found on the EPA website titled: Different Shades of Green Brochure (See link below)

• https://www.epa.gov/sites/production/files/2016-10/documents/green_infrastructure_brochure_final.pdf

• as long as trees are not removed to install the following practices including but not limited to, bioretention, rain gardens, infiltration trenches, bioswales, permeable pavement, stormwater planters, subsurface infiltration, rainwater harvesting/cisterns, and green roofs. The UDO administrator will have the right toprovide an alternate source for information if the above website address changes. The canopy loss fee is waived for a homeowner occupied property performing additions to existing homes or removing the 3 allowed trees as per section 9.1.17 A. 1..

This new fee is in addition to required tree plant backs and will offer an incentive to save more

trees. The fee is suggested because it will take 20 years to replace a mature canopy tree and based

on the Tree + Water Sustainability Report 2014- a 20 inch Water Oak provides overall benefits

of: $172.00 every year. 172.00 x 20 years to grow replacement canopy = $3440.00.

9.1.8. - Utility Company Requirements improved

• E. For installations of underground lines or cables, tunneling or air

excavation tool trenching will be required in the canopy dripline of any high

to moderate value tree. Low value diseased or infested trees should be

removed prior to work being done and must be approved by the City

Arborist. A tree bond will be required for any work proposed in an existing

street trees critical root area.

9.1.9. - Tree Protection Requirements added to code

• D. Trees identified to be preserved and counted toward the tree credit requirements shall have the following:

• 1. Temporary chain link fence or four foot orange tree protection fencing and staked hay bales installed at or beyond the critical root zone. A sign shall be place on the fencing stating “Keep Out." in both English and Spanish.

• 2. A two-inch layer of mulch and mycorrhizae fungi shall be applied over the critical root zone prior to construction.

• 3. Pre-construction limb pruning shall be performed on any trees within the construction zone, that are to be preserved, tree branches shall be pruned to an appropriate height to avoid damage by construction equipment and structures. All dead branches greater than one inch in diameter should be removed to reduce the risk of dead branch failure to construction personnel. All tree pruning is to be done using ANSI standard A300 (part 1) as amended for pruning. No gaff or spike climbingto be used to access limbs.

• 4. Root pruning is to be done whenever roots of trees are exposed during construction. All root pruning to be done using ANSI standard A300 (part 8) as amended for root management. The root ends are to be cut off cleanly and the roots covered by dirt or plastic for as long as the root is exposed. When performing a trench excavation, the roots have to be cut on the tree-side of the trench prior to excavating. No root pruning shall be allowed in the structural root plate of any saved tree. For installations of underground lines or cables, tunneling or air excavation tool trenching will be required in the canopy driplineof any moderate or greater rated tree.

• 5. In tree save areas where large equipment will be operating, a temporary bridge over the root system of the tree shall be constructed including but not limited to construction mats or landscape timbers and plywood. Area of bridge will typically adhere to the area under the dripline for all trees. A detail for the temporary bridge shall be included on the tree protection and replacement plan.

• E. The City Arborist may require the expansion of the critical root zone up to 20% or

approve encroachment of up to 33% by land disturbance activities with a certified arborist

prescription (proof of service contract required). In no case shall land disturbance activities

be approved within 10 feet of the trunk of a protected tree.

• F. All tree protection measures are a part of the sites Best Management Practices (BMP)

and shall be installed prior to land disturbance and shall be maintained until after final

inspection. The City Arborist or their representative shall be contacted for a BMP

inspection after tree protection measures are installed and prior to land disturbance.

• G. When the City Arborist determines that significant damage has occurred to any

protected tree due to either permitted or non-permitted land disturbance activities, the

City Arborist may require that the tree be treated by a certified arborist according to

professional standards to mitigate the damage.

H. If the City Arborist determines that the tree is irreparably damaged due to permitted

land disturbance activities, the City Arborist may require that the tree be removed and

the tree canopy cover replaced to maintain no net loss, or that the entire site be brought

into compliance with the 45% canopy goal, depending on the scale of the project and

existing canopy coverage. If the City Arborist determines that the tree is irreparably

damaged due to non-permitted land disturbance activities, the City Arborist may require

that the tree be removed and 2 times the tree canopy cover of the removed tree be

replaced and a canopy loss fee be paid to the tree bank via the following canopy loss

formula:

$8.60 x ___ (inches dbh) x 20 years= $_____.___ canopy loss fee.

9.1.10. Procedures for permit application

(1) Application requirements.

a. Fill out the appropriate form for the project. Available forms are: No Tree Impact Statement, Tree Information,

Tree Removal, Commercial Tree Removal permits, and Building application or Land Development Application.

b. Administrative Tree variance. This administrative variance shall apply to residential zonings only. A front, side, or

rear yard setback may be reduced by an amount not to exceed fifty (50) percent by the approval of the Unified

Development Ordinance Administrator where it is determined by the City Arborist to be necessary in order to

preserve existing high to moderate or greater rated trees and their existing soils. To determine tree rating see the

Administrative standards section VIII. b. Tree Rating Guide. Appropriate conditions to said administrative variances

shall be imposed so as to ensure the continued health of said trees following the granting of such variances,

including mandatory replacement requirements. Such administrative variances shall be considered and decided if

no conflicts exist and it is consistent with the procedures and criteria contained in the Unified Development

Ordinance of the City of Decatur. Appeals of final decisions regarding administrative variances may be taken as

provided in this section 9.1.19. - Appeals.

• Species rating is an assigned value based on all the landscape merits of a landscape tree species and its accompanying potential for problems. It is a comparative value given to the tree based upon its individual characteristics. Species ratings given on the guide can be increased for healthy native and naturalized trees with a long life expectancy. Those trees that provide the most benefit should also receive a higher rating. • Please refer to the National Tree Benefit calculator south edition at:http://www.treebenefits.com

Trees on the Georgia EPPC Invasive Species List, Category 1 or 2 will not be considered toward canopy save. https://www.gaeppc.org/list/.

The Tree Rating Guide is not available at this time

c. Tree survey. Except as provided elsewhere in this section, a tree survey shall be required as part of any application for

a land disturbance permit, development permit, building permit or preliminary subdivision plat. Except as provided

elsewhere in this section, all trees six (6) inches (DIAMETER AT BREAST HEIGHT) and larger shall be identified. Specimen

trees shall be identified by size, species and location. Trees larger than four (4) inches (DIAMETER AT BREAST HEIGHT)

may be identified and counted for canopy credit on the tree protection plan. Single family residential lots on which the

applicant intends to reside may be exempted from the tree survey requirements at the discretion of the City Arborist.

(2) Tree Conservation Plan

a. A tree conservation plan shall be submitted as part of an application for a tree disturbance permit. The plan shall be

prepared and certified by a registered forester, registered landscape architect, or certified arborist. No tree disturbance

permit shall be issued without an approved tree conservation plan. Tree ratings using the Tree Rating Guide found in

the Administrative Standards shall be performed by a certified arborist or a registered forester.

9.1.10. Procedures for permit application continued

9.1.11. - Tree Canopy Replacement Requirements

A. 1. The removal of a protected tree on any property without a valid tree removal permit shall require tree

canopy cover replacement on site with trees of comparable or greater mature canopy size and species

quality in the amount of 2 times the tree canopy cover removed, regardless of the amount of tree canopy

cover existing on the site after the removal, unless a certified arborist or registered forester has deemed

the tree an immediate risk of failure prior to removal and have provided notification to the City Arborist by

phone or email.

2. For trees removed without a valid tree removal permit a canopy loss fee of $3440.00 per tree is required

on any parcel commercial or residential with an active building or land development permit. The canopy

loss fee shall be paid to the tree bank. Any repeat offense of this section shall result in a double Canopy

loss fee of $6880.00 per tree to be paid to the tree bank.

D. For residential properties after the 3 allowed removals of protected trees in an 18 month period any additional permitted

protected tree removal shall require the planting of 6ft tall trees to maintain a 25% canopy cover. Payments in lieu of required

replacement shall not be allowed for non-homeowner occupied lots. For homeowner occupied residential sites payments to the

tree bank shall be allowed for 50% of the tree planting requirement. A tree planting design shall be submitted along with the tree

removal permit application as described in the administrative standards.

E. On residential properties, any projects requiring land disturbance or a development permit will require no net loss of tree

canopy and preservation of 25% of the lot square footage in existing tree canopy cover. A tree conservation plan shall be

required for such projects. If required replacement trees cannot be accommodated on the site, as determined by the City

Arborist, then off-site planting will be allowed on City owned properties or nearby parcels. For any residential properties with

greater than 45% tree canopy cover, a payment in lieu of planting for up to 100% of the tree canopy cover requirement may be

made to the tree bank.

F. Alternative compliance for sites with less than the required 45% or 25% tree canopy cover shall be as follows: all moderate

to very high value trees outside of the buildable and egress area of the lot must remain with no more than 20% disturbance of

the critical root zone and new trees shall be planted to achieve the required canopy percentage. A tree plan must be approved by

the City Arborist.

9.1.12. - Tree Maintenance Requirements

• C. Trees which are used to meet the density requirements for this section shall be maintained for two (2) growing seasons after the date of final inspection. The property owner shall maintain required tree density. The applicant or builder will be responsible for identifying newly planted trees to the homeowner and to inform the homeowner as to their proper maintenance. Should any tree fail within the 2 year period, a planting of new replacement trees shall be completed. An agreement between the Permittee and homebuyer to determine who will cover replacement costs at time of tree death to be submitted prior to Certificate of Occupancy. If there is no homebuyer at the time of Certificate of Occupancy the Permittee is responsible for tree replacement.

9.1.13. - Decatur Tree Bank

• C. The tree bank funds shall be available for use by the City for the

establishment, improvement and expansion of tree canopy cover on public

or private property.

• 6. Arboricultural treatments of existing trees on City properties.

Our tree canopy from the parking deck at the Avondale T.O.D

Taken on 11-07-2018

9.1.14. - Tree Maintenance Bond and Escrow Account

• A. Tree removal and tree disturbance permit holders that are also required to have an approved tree conservation plan shall be required to furnish a 3-year tree maintenance bond or other financial security for trees planted outside the time of planting as per the administrative guidelines, and for trees impacted greater than shown on the approved plan. The amount of the bond shall be equal to 125% of the cost for tree removal, tree replacement, and planting expenses, including materials and labor.

• D. For boundary trees, an escrow account shall be established in the amount totaling the estimated cost of removal plus the cost to replace the boundary tree's canopy cover calculated as described for the tree maintenance bond plus the standard tree canopy value see the administrative guidelines section XIII. Boundary Tree Standards.

The City of Decatur Tree Protection Ordinance addresses boundary trees and their protection during construction activity by stating no boundary trees critical net root zone may be encroached by more than 20% without the tree owners written permission in the form of a boundary tree agreement (BTA) unless the applicant has made 3 attempts (including certified mailing) to obtain an agreement and the tree owner does not respond then BTA is waived and an arborist prescription and tree bond will be required as per section 9.1.14. No boundary tree may be removed without written permission from the trees owner or co-owners.

XIII. Administrative StandardsBoundary Tree Standards

Definitions:Boundary tree - a tree over 6” diameter with 20% or greater of its critical root zone (crz) extending across a property

boundary line into adjacent property that has applied for a land development or building permit; a tree that is growing ona boundary property line between lots resulting in joint ownership

Arboricultural prescription-means any type of mitigation or treatment plan developed by an arborist certified by theInternational Society of Arboriculture that is provided for preserving tree(s). It is required for trees with 20% or greatercritical root zone impact

Net critical root zone impact- the area of the critical root zone that has been obstructed with barrier’s from the urbanenvironment, i.e. public roads, foundations. You must subtract the critical root zone canopy area that overlaps the road orhouse from the original sf calculations. That is the number that will be used to evaluate if preservation is possible.

For Boundary Trees with:Second story additions or increase of building height must provide pruning plan with scope of work to be performed by a qualified professional and a boundary tree agreement is required if the pruning will cross the property line. ANSI pruning standards to be followed.

Critical root zone 19% or less net impact and protected by tree protection, no arboricultural prescription required or boundary tree agreement is required.

Critical root zone 20%-33% net impact but protected by tree protection (no structural root plate impact) provide arboricultural prescription and a boundary tree agreement with plan for review by city.

Critical root zone 20%-33% net impact and structural root plate has impact, tree removal may be required.No tree may be removed without written permission from the trees owner or co-owners. A tree variance tomove construction away from the trees root zone may be obtained.

• The builder/ developer/construction site property owner must submit a boundary tree agreement (BTA) signed by tree owner and if applicable co-owner giving permission to/ for the tree with construction impact to be treated or removed. Standard form available at Decaturga.com

• If after 3 attempts (including certified mailing) the tree owner does not respond then BTA is waived and an arborist prescription and tree bond will be required as per section 9.1.14. Provide copy of certified mailing and prescription to City Arborist prior to permit issuance. No tree may be removed without written permission from the trees owner or co-owners.

• The minimum prescription length shall be a year. The receipt for the paid contract and the agreement will need to be submitted with the plans for review.

• The City Arborist may require a boundary tree to have an escrow amount submitted to the City based on the arboricultural prescription.

• The escrow shall be for an amount of 125% of the cost of removal and replacement of the tree/s listed in the boundary tree agreement with 3” caliper tree/s of similar canopy and the escrow amount will be held for three (3) years by the City see (Section 9. 1. 19. Of the U.D.O.)

9.1.17. - Development Permits

• A. Tree Information Permit

• 1. Property owners in residential zoning districts are allowed to remove up to 3 healthy, protected trees during an 18 month period. A tree information permit shall be filed with the City to track the reasons for the tree removal, the amount of tree canopy removed and a plan for replanting, if applicable. No recompense or replanting is required if only 3 trees are removed within the 18 month period unless the canopy cover falls below 25% then 6 (six) foot tall trees must be planted to replace the canopy removed.

9.1.18. - Violations and Penalties

• A. Violations of this Section may result in the withholding of a certificate

of occupancy, revocation or revision of a permit, issuance of a stop work

order, issuance of canopy loss fees, issuance of a court citation, or illegal

tree removal fee of $3,000.00 to be paid to the tree bank. Examples of

violations include, but are not limited to:

• C. Any person issued a court citation and found guilty of a violation of this Section shall be punished as provided in Section 1-12 of the Code of Ordinances. In addition to such penalties or in lieu thereof, the Municipal Court may require mitigation in the form of additional tree replacement or payments to the tree bank for replacement tree canopy cover.

9.1.19. - Appeals

• A. Any person aggrieved by a decision of the City Arborist relating to the application of this Sec. 9.1. may appeal in writing to the UDO Administrator. Such appeal shall be filed within 30 days of the date of the written decision of the City Arborist being appealed and shall specify the grounds for appeal. The UDO Administrator shall provide a decision, in writing, within 30 days of the receipt of the written appeal.

• B. Any person aggrieved by the decision of the UDO Administrator may file and appeal to the Board of Zoning Appeals pursuant to the provisions of Sec. 11.2.10.

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Thank you!

Questions ?