Trees! Crafting Decatur- Appropriate Regulations Cit y Commission - - PowerPoint PPT Presentation

Trees!

Crafting Decatur- Appropriate Regulations

April 7, 2014

Cit y Commission Work S ession

Tonight ’ s Agenda

• Review Proposed Amendment s t o t he

January 21st Ordinance

• Approve a Timeline for Public Input
• Review Proposed Implement at ion

Background

Fall 2013

New tree

• rdinance

developed and moratorium enacted

January 2014

Proposed

• rdinance

tabled

March 2014

City Commission recommends

• rdinance

revisions

April 2014

Amended

• rdinance

prepared for review

Reasons for Updat ing t he Tree Ordinance

• Goal 13A: Strategic Plan 2010
• Aging tree population
• Urban/ human impacts to soil

and trees

• Development pressures
• Maj ority of tree canopy is on

private property

• New best management practices

for tree conservation

Proposed Amendment s t o Tree Ordinance

Amendment s present ed in January 2014

• Moved HDSF t o Resident ial
• Revised Violat ions and Appeals
• Added “ int ent ional” damage
• Updat ed bond/ escrow sect ion
• Updat ed “ moderat e t o high” risk of failure
• Fixed t ree swing issue by adding “ public

t ree”

Amendment s Request ed in March 2014

• Canopy Coverage:

1. Communit y Goal of 50% t o be list ed in Mast er Plan 2. Resident ial Requirement of No Net Loss 3. Commercial Requirement of 45%

March 2014 Amendment s Cont inued

Residential:

• 1. Allow up to 3 tree removals every 18
• months. Must file a Tree Information

Permit.

• 2. Every proj ect that requires a land

disturbance permit triggers a no net loss requirement.

March 2014 Amendment s Cont inued

Commercial:

• 1. Change canopy requirement to 45%

.

• 2. Change trigger for replanting

requirement to 15% increase in impervious cover or gross floor area.

March 2014 Amendment s Cont inued

• 1. Removed City Arborist salary as

allowable expense for tree bank funds.

• 2. Clarified Tree Maintenance

requirements to explain that they are for the establishment period of protected trees.

70 % 34 % 100 % 8% Tree canopy cover typically varies by property as shown below. Consider the contribution of benefits to the neighborhood by each

• f these properties.

Prot ect ed Trees

• Any public t ree, any t ree of any size

conserved or plant ed t o meet t ree

• rdinance requirement s AND any t ree 6

inches dbh or great er including boundary t rees.

Boundary Trees

• A t ree growing on a propert y boundary line

bet ween t wo lot s result ing in j oint ownership by t he adj acent propert y owners or a t ree where at least 20%

• f t he crit ical root zone

ext ends ont o an adj oining propert y.

• If t he boundary t ree is a prot ect ed t ree, t hen it

must be included in t he Tree Conservat ion Plan.

• 3 year escrow est ablished for impact ed

boundary t rees for cost of removal, replacement and value.

Appeals

Opport unit y t o Appeal Det erminat ion of t he Cit y Arborist

• Arborist -ZBA
• Est ablished St andards for Appeal

Applicat ion of Ordinance

For all residential and commercial projects: If t he t rees involved are not in prot ect ed class

And/Or

Less t han 20%

• f crit ical root zone is impact ed

then

No requirements for protection or replanting

Applicat ion of Ordinance- Commercial No

Prot ect ion for all impact ed t rees R emoval permit required wit h onsit e replacement for no net loss Tree bank not offered as opt ion

Y es

Prot ect ion for all impact ed t rees Ent ire sit e must be brought int o compliance wit h canopy goal of 45% Tree bank can be used for up t o 75%

• f requirement

Are either of the following increasing by more than 15%

• Impervious surface of site-
• Floor area of existing structures-

CONSERVATION PLAN CONSERVATION PLAN

Applicat ion of Ordinance- Resident ial

TREE INFORMATION PERMIT

Healthy Trees are being removed at the property owners request OR a dangerous tree is being removed

• Owners can remove up t o 3 healt hy t rees

every 18 mont hs

• The permit will t rack t he canopy cover t hat

is being removed

• There will be no fee for t he permit and t he

Cit y Arborist will recommend replant ing

• pt ions if t he owner is int erest ed

Applicat ion of Ordinance- Resident ial

TREE REMOVAL PERMIT

Healthy Trees are being removed at the property owners request -either the 4th tree within 18 months or as part of a land disturbance permit.

• Permit requires support narrat ive from a

cert ified arborist .

• Narrat ive must det ail t he rat ionale for t ree

removal and provide an est imat e of canopy cover on propert y aft er removal.

• Sit e’ s canopy coverage must maint ain no

net loss.

Applicat ion of Ordinance- Resident ial

TREE DISTURBANCE PERMIT

Trees are being impacted or removed as part of another project which requires a permit.

• Tree Conservation Plan prepared by a certified arborist.
• Assess the canopy and potential tree impact.

Example- 131 Mt . Vernon

Example-209 Lamont Drive

Out st anding Tasks:

• Creat e permit forms
• Set fees
• Updat e Administ rat ive St andards

Implement at ion Timeline 2014

• April 8t h: Ordinance Post ed for Public Comment
• May 2nd: Public Comment closed
• May 5th: Cit y Commission Work S

ession

• May 19th: Cit y Commission Vot e on Ordinance
• May 2014: Arborist Hired
• June/ July: Coordinat ion wit h UDO, S

t aff Training, Community Forest Plan present ed

• July 7t h: New Ordinance becomes effect ive
• S

ept ember: UDO Adopt ion