tree ordinance city of brookhaven ppt rev 7-16-14

8/12/2019 Tree Ordinance City of Brookhaven PPT Rev 7-16-14

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Brookhaven

Draft Tree OrdinanceSummary/Revised 7/16/14Presented By:

Teresa H. Eldredge

Certified Arborist, Landscape ArchitectPresident, TJ Schell

And

Kay Evanovich

Certified Arborist, Land Development InspectorCity of Brookhaven


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CHAPTER 14-

SECTION 14-39Tree Preservation and Replacement

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Purpose and Intent

Proposed Ordinance

The purpose of thesestandards within thissection is to facilitateand promote canopypreservation and treereplacement as an

integral part of the landdevelopment andconstruction process inthe City of Brookhaven

Existing Ordinance

The purpose of thesestandards is to facilitatethe preservation and/orreplacement of trees asa part of landdevelopment in the city.

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Purpose and Intent

Proposed Ordinance

New:

6) Maintain city trees in ahealthy and nonhazardous conditionthrough goodarboricultural practicessuch as proper pruning,mulching, etc.

7) Establish and maintainappropriate diversity intree species and ageclasses to provide a stableand sustainable urbanforest.

Existing Ordinance

Has no such notescovering proper pruningor mulch

Does not mentionmaintaining appropriatediversity in tree species

and age classes toprovide a stable andsustainable urban forest.


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Tree Removal Allowances

and/or Exemptions

Proposed Ordinance The removal of five (5)

10" or greater trees, other

than specimen trees froman owner-occupied,single-family residentialproperty, within a singlecalendar year.

This requires a permitfor documentationpurposes with no fee.

However, where a treeremoval permit is appliedfor, all Single FamilyResidential propertiesshall maintain 50" of treesper acre. The minimumplanting size shall be 2"caliper.

Existing Ordinance

The removal of five (5)or fewer trees, other

than specimen trees, onany single-familyresidential property,within a single calendaryear.

No permit required

Has no requirement forreplanting of owneroccupied lots

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If one applies for a tree

removal permit: And remove trees so that the lot is below 50 per acre:

Must plant back a minimum size of 2caliper trees torestore 50 inches per acre.

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New Definitions are added to

the proposed ordinance Basal area

Boundary Tree

Density Factor Dieback

Overstory Tree

Root Plate

Tree Fund Understory tree

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Added Definitions: to protect

adjacent property trees Boundary Tree means a tree 20 inches (DBH) or larger

located on a property adjacent to a permitting propertywith any portion of the root plate extending into thepermitting property (see Root Plate). Boundary trees must

be in good health as determined from the vantage point ofthe property to be developed (pre-construction digitalphotographs required). This provision shall not authorizethe trespass on private property abutting the site.

Root Plate means the area of the root zone comprised ofpedestal roots, the zone of rapid taper and roots under

compression, the directional radius of which based uponthe tree trunk diameter at 4.5 feet above the ground. Theroot plate will typically be represented by a concentriccircle centering on the trees trunk with a radius equal infeet to one-half times the number of inches of the trunkdiameter. (Failure of the tree could result if roots in this

area are damage or destroyed. Example: The root plateradius of a 20 inch diameter tree is 10 feet.)

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Boundary Tree

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Root Plate:

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Overstory and Understory

trees

Overstory

means those trees that

compose the top layeror canopy of vegetationand will generally reacha mature height ofgreater than forty (40)feet.

Understory

means those trees that

grow beneath theoverstory, and willgenerally reach amature height of lessthan forty (40) feet.

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Tree Fund

Tree Fundmeans an account, maintained by the financedepartment of the City of Brookhaven, of fundscontributed as a form of alternative compliance to theBrookhaven Tree Ordinance. Tree funds may be usedfor:

1) The development of a Tree Survey for the City ofBrookhaven

2) Purchase of trees and installation costs for plantingon public sites

3) Education related to Trees

4) Maintenance of City of Brookhaven Trees

5) Promotion of a healthy urban forest

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Procedures

Application Requirements:

Tree Survey:

New: All trees larger than two (2) inches DBH can becounted toward the required inches per acre.

Existing: All trees eighteen (18) inches (DBH) and largershall be identified.

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A new requirement added thatwas not in the existing ordinance Tree Survey in the form of a to-scale map showing tree

save areas, boundary trees and specimen trees withtree protection methods located at the Critical RootZone (CRZ) and all applicable details and calculationsprepared and signed/sealed by a Georgia RegisteredSurveyor or a Georgia Registered Landscape Architect. ACertified Arborist shall also review site trees andapprove and stamp the plan prior to submittal. Theproposed tree protection fencing locations must matchassociated engineering grading/limits of disturbanceplans. All reasonable efforts shall be made to savespecimen trees;

Tree Replacement Plan prepared and signed/sealed by aGeorgia Registered Landscape Architect noting thelocation of all specimen trees to remain with CRZintact, Boundary Trees, and all other trees which will beconserved and/or planted to count toward meeting sitedensity requirements. A Certified Arborist shall alsoreview site trees and approve and stamp the plan priorto submittal. 15


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Density

Proposed

All applicable sites brought

in for permit must preservea minimum of 100 inchesper acre outside of the

building setbacks.

Existing Either one hundred

twenty (120) inches(DBH) per acre ortwenty-five (25) percentof existing significanttrees per acre of suchsignificant trees,whichever is less, shall

be preserved on thesite. If the 25% rule ischosen then site musthave 15 density unitsper acre

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Tree density must meet the

following requirements:

The City of Brookhaven requires that a portion of thetotal number of existing trees outside of the buildingsetbacks be preserved (with undisturbed CRZ's) on all

properties submitted for permitting. The applicant shall provide a plan demonstrating both

canopy preservation and tree replacement on sitessubmitted for development.

All stream buffers and flood plain acreage shall be

excluded from the site area tree calculations.

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The density of 100 inches per acre may beachieved as follows:

counting existing trees (inches measured at DBH) to beconserved

planting new trees (minimum 2" caliper) for lots that do nothave 100" per acre

Formula:

Acreage x 100 Inches = Required Inches

Example:

1.2 Ac. x 100 Inches = 120 Inches Required

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Existing ordinance example

25% rule: a one acre lot has 4 trees: a 37 Water Oak, a26 Beech, a 22 Pine, and a 20 Hickory.

The applicant saves the 37 Water Oak and removes the

other 3 trees. No tree plant backs are required as the 39tree is worth 15 density units.

Canopy loss of 50% approximately

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Proposed Ordinance example

Same 1 acre lot same 4 trees: a 37 Water Oak, a 26Beech, a 22 Pine, and a 20 Hickory.

The Hickory tree and the Pine are in the buildable area ofthe lot so they are removed.

That leaves 63 inches remaining. Required to have 100

inches of density.

The applicant must replant 37 of trees. Elects to plant

4-4 trees, 4-3 trees and 2-2 trees.

Pays the remaining inches to the tree bank

At: 5 X $125.00 (or current market value)= $625.00

Canopy loss= None

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On commercial and residential sites theinches per acre calculations:

Proposed

The inches per acre

calculation shall bebased on the net siteareas, excluding anydetention ponds, lakes,stream buffers, floodplain areas and

permanent easementswhere planting isprohibited.

Existing

Residential sites can not count

trees in the stream buffers andstate buffer zones, transitionalbuffer zones and designatedfloodplains

Trees and tree save areas on siteszoned C-1, C-2, M or M-2 may belocated in stream buffers, andstate buffer zones, transitionalbuffer zones, and designatedfloodplains.

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New Code

The buffer may be pruned per ANSI standards to create'lines of sight" as approved by the City Arborist toprovide views of structures and/or surface water and

still remain effective; however an entire trophic layershall not be removed.

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Specimen trees

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Specimen tree sizes

Proposed Large hardwoods, i.e.

oaks, hickories, yellowpoplars, and similarspecies: Thirty (30) inchesDBH.

Large softwoods, e.g.pines, evergreens, andsimilar species: Thirty(30) inches DBH.

Small trees, e.g.dogwoods, redbuds,sourwoods, and similarspecies: Ten (10) inchesDBH

Existing 26 inch DBH- Hardwood/Softwood

trees of the following Genus: Oak,Beech, Ash, Blackgum, Sycamore,Hickory, Maple (does not includeSilver Maple), Pecan, Walnut,Persimmon, Sourwood, Cedar,Cypress, Redwood

30 inch DBH- Hardwood trees of thefollowing Genus: Tulip Poplar, SweetGum, Magnolia, River Birch, Maple

(Silver Maple only)

10 inch DBH- Understory trees suchas: American Holly, Dogwood,Redbud, Cherry, etc.

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Specimen criteria

A life expectancy of greater than 15 years.

A relatively sound and solid trunk with no obviousextensive decay, hollow areas, or structural

deficiencies.

No more than 20% radial trunk dieback and no morethan 30% canopy dieback.

Relatively uniform crown distribution or correctablecrown distribution with no more than 70% of all

branches on one side of the tree.

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An Arborist Report by an ISA certified Arborist shall beincluded in the submittal for all specimen sized treesnoting the location, size and condition.

Trees meeting the specimen criteria that are slated forremoval shall be recompensed on an inch for inch basiswith a combination of 2", 3" and 4" caliper overstorytrees.

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Specimen recompense is aboveand beyond the requirement of100 inches per acre.

Non specimen sized trees saved without any CRZimpact in excess of the required 100 inches per

acre may count toward the specimen recompenseon an inch for inch basis.

If the applicant saves extra healthy trees suchtrees may be counted toward the requiredrecompense.

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What if the required trees

will not fit on the lot? If the City arborist agrees that the specimen

recompense trees will not fit on the site based onindustry accepted spacing requirements, alternative

compliance is available by contribution to the City ofBrookhaven Tree Fund.

How do we calculate that?

At $125.00 per inch

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maximum fee of one hundred twenty (120) inches for five (5)120 x$125.00= $18,000 acres or less

ximum recompense fee of two hundred forty (240) inches for240 x $125.00= $36,000 more than five(5) Acres

Examples:

1 Acre Site with two (2) 30" trees = 60" x $125.00 per Inch = $7,500Therefore: $7,500 owed to Tree Fund

2.5 Acre Site with ten (10) 30" trees = 300" (120" maximum applies) 120"Maximum x $125.00 per Inch = $15,000Therefore: $15,000 owed to Tree Fund

6.0 Acre site with two (2) 30" trees = 60" x $125.00 per Inch = $7,500Therefore: $7,500 owed to Tree Fund

6.0 Acre site with ten (10) 30" trees = 300" (240" maximum applies) 240"

Maximum x $125.00 per Inch = $30,000Therefore: $30,000 owed to Tree Fund


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Specimen tree recompense

Proposed

recompensed on an inch forinch basis with a combinationof 2", 3" and 4" caliperoverstory trees

Specimen recompense is aboveand beyond the requirement of100 inches per acre.

If the City arborist agrees thatthe specimen recompense treeswill not fit on the site based onindustry accepted spacingrequirements, alternativecompliance is available bycontribution to the City ofBrookhaven Tree Fund.

Existing

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Any specimen tree removedfrom a parcel shall bereplaced by one and five-tenths (1.5) times theequivalent inches (DBH) ofreplacement trees or existingtrees in excess of therequirements of subsection(g), tree preservation andreplacement requirements,

using species with potentialsfor comparable size andquality at maturity.

No maximum recompense fee

No tree fund option


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Protection of Trees During

Construction

Tree identified to be preserved and counted toward thetree density shall have four foot orange tree protectionfencing installed at or beyond the CRZ. A 2 inch layer of

mulch containing mycorrhizae fungi shall be spread overthe CRZ.

This beneficial fungus improves the trees ability toabsorb water and nutrients from the soils.

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Boundary Tree Encroachment For boundary trees encroached more than 20% of the critical root

zone an escrow account shall be established in the amount totalingthe estimated cost of removal plus the cost to replace the dbh ofthe boundary tree.

Replacement trees shall be of comparable mature canopy size andspecies quality to the boundary tree and shall be ecologicallycompatible with the intended growing site

Boundary tree health and potential for survival shall be determinedby the city arborist after a maximum of 3 years after project

completion, at which time the arborist shall either authorize thereturn of escrow funds to the permit holder or to the tree ownerfor the removal and replacement of the boundary tree should theboundary tree die, be destroyed or be determined to be inirreversible decline as a result of the permit holders disturbanceactivities. The city arborist may also require that the escrowaccount remain in place for up to an additional 2 years if signs oftree decline are evident but treatment options by the permitholder could be taken to improve tree health and longevity.

No applicant nor petitioner shall be entitled to receive interest onany escrow funds required by this provision. Any funds notcollected by either the boundary tree owner(s) or the permitholder within a period of 5 years shall be deposited in the treebank.

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Any tree, designated on the planto be saved, which is negligentlydamaged during construction oras a result of negligentconstruction, as determined by

the arborist shall be treated according to ISA standards. If fatally

damaged, tree (s) shall be recompensed on a 1.5 inchper 1 inch basis with a combination of 2", 3" and 4"caliper overstory trees.

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Removal of Trees from

FloodplainTrees shall not be cut or removed from the floodplain exceptas follows:

Those trees found to be diseased or infested by insects asdetermined by the City Arborist, county extension service,

the Georgia Forestry Commission, an ISA certified arboristor a registered forester.

As necessary for construction, repair or maintenance ofpublic roads, utilities or storm water managementfacilities.

As part of an approved wetland mitigation plan.

As a part of a plan approved by the Director; or Trees in the 100 year flood plain may not be cut except as

otherwise noted in this section. (allowed to remove dead ordiseased trees)

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Tree Replacement

When practical, the replanted trees shall be of thesame or similar species as those removed.

When more than 50 trees are proposed for replanting, a

minimum of 5 species of trees is required andmorethan 5 species are encouraged.

The City Arborist will have the administrative option ofgiving a 25% variance for the type of one speciesselected in situations in conflict with the inch per acre

requirements.

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Parking Lot Trees

Any redevelopment project that results in the removaland replacement of 50 percent or more of an existingparking lot, other than routine maintenance of the

parking lot surface, must retrofit the entire parking lotto meet the tree planting standards set forth within thissection.

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Street Trees

On commercial and industrial sites, there shall be aminimum of one (1) 2" caliper deciduous shade tree forevery 35 feet of public street or private entrance road

frontage. For subdivisions, providing a design appropriate street

tree planting program is an acceptable method ofachieving density.

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Buffers

Proposed

A zoning buffer shall consistof evergreen plant materialsthat shall form an 80% visualbarrier within 2 years and a100% visual barrier within 5years.

Trees must be minimum 6-feet height at installation,and shrubs must be minimum24-inch height at installation.

Buffers may be required as acondition of zoning, in landuse transition areas, inspecial land use permits or asa condition of a varianceapproval.

Existing

Buffer planting shall

meet the minimumwidth requirementscontained in theBrookhaven ZoningOrdinance

No other requirements No other standards

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Proposed Ordinance BufferPlanting Standards are as follows

Existing buffer to remain undisturbed: Sparsely vegetated orpreviously disturbed portions of any undisturbed, existing buffershall be replanted to comply with (7) c. above. Dying, diseased,dead or invasive materials may be removed from a buffer providedthat minimal disturbance occurs and written approval from the City

Arborist or Director is obtained prior to said removal.

Buffer Width 20 or less: This buffer shall consist of a minimum ofone row of evergreen trees and one row of evergreen shrubs

Buffer Width 21-35: This buffer shall consist of a minimum of tworows of evergreen trees and one row of evergreen shrubs

Buffer Width 35+: This buffer shall be subject to approval by theCity of Brookhaven. A mix of hardwood and evergreen treesplanted within buffers areas may be counted for credit toward theminimum required inches per acre. Up to 25% of this buffer mayalso be planted with shrubs as approved by the City Arborist.

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Alternative Compliance

In no instance shall one hundred (100) percent of therequired inches per acre be met through alternativecompliance.

Possible alternatives may include one or more of thefollowing:

Common area planting within the existingdevelopment. Trees could be planted on a lot nearby

Tree Banking - Allowable in areas designated for publicplanting programs within a reasonable distance from theexisting development. To be approved on a case by

case basis by the Director and City Arborist. Planting ina nearby park

Tree Fund (Price per inch based on current marketinstalled costs)

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Tree Harvesting

Permits authorizing selective tree harvesting shall bedetermined on a case by case basis coordinated by theDirector and the City Arborist.

Example: To reduce overcrowding in an existing stand oftrees to improve the trees health and growth

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Utility Company and public

works guidelines

All tree trimming and pruning to be performed by publicutilities, public agencies and their subcontractors ontrees growing on private or public rights-of-way shall be

done according to the most current ANSI standards forpruning of mature trees.

The routing of public and private utility easements shallbe subject to review and comment by the city arborist.

No person, firm or corporation shall interfere with the

Director of public works or persons acting under theDirector's authority while engaged in planting,mulching, pruning or removal of trees, shrubs, etc. inany street or public place within the city.

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Enforcement Violation and Penalty - Any violation of any provisions of

the Tree Ordinance by any person, firm or corporationshall be deemed an offense and upon conviction inmunicipal court shall be subject to penalty as isprovided in section 1-10 of the Code of the City ofBrookhaven. Each tree removed or killed in violation ofthis section shall be considered a separate offense. The

owner of any buildings or premises or parts thereof,where anything in violation of this section exists, andany architect, builder, contractor or any other agent ofthe owner, or any tenant, who commits or assists in thecommission of any violation, shall be guilty of aseparate offense

Any homeowner of record found in violation of any ofthe provisions of this ordinance after having first beenissued a warning notice shall be subject to penalty

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Administrative Variances

Proposed Front, side, and rear yard

setbacks, and parking

requirements may bereduced up to 25% by the CityArborist and the Director inorder to preserve existingspecimen trees. Appropriateconditions to saidadministrative variances shallbe imposed so as to ensurethe continued health of said

trees following the grantingof such variances, includingmandatory replacementrequirements. Administrativevariances shall be consideredand decided consistent withprocedures and criteria as setforth within the ZoningOrdinance

Existing

Existing code allows a

50% variance to thesetbacks to move thehouse in any onedirection to save aspecimen tree

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Special Exceptions The Zoning Board of Appeals, after consulting with the

City Arborist, is authorized to consider requests forspecial exception for the removal of a specimen tree.All such requests shall be filed, notice given and allprocedures shall be followed. No such special exceptionfor the removal of a specimen tree shall be granted bythe Board unless the applicant has demonstrated andthe board has found that the property is not capable ofearning a reasonable economic return absent the grantof the special exception In making this determinationthe board shall consider the following factors:

Value of the trees in question, considering their age, size,

health and significance. The current level of economic return on the property.

The marketability of the property.

The feasibility of alternate design or uses.

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Comparison

Proposed Preserves a mixture of

different ages and sizes of

trees on small micro sites

Keeps canopy loss at aminimum

Keeps our urban foresthealthier

Streamlines calculations Allows for improved

understanding andimplementation

Existing

Created for large Macro

site tracts of land Allows total canopy loss

on a residential site

Encourages large treepreservation

Compleximplementation andcalculations

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Questions ?

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Thank you

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tree ordinance city of brookhaven ppt rev 7-16-14

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