Brookhaven

Draft Tree Ordinance

Summary/Revised 7/16/14
Presented By:
Teresa H. Eldredge
Certified Arborist, Landscape Architect
President, TJ Schell
And
Kay Evanovich
Certified Arborist, Land Development Inspector
City of Brookhaven
CHAPTER 14-
SECTION 14-39
Tree Preservation and Replacement
1
Purpose and Intent
Proposed Ordinance
The purpose of these
standards within this
section is to facilitate
and promote canopy
preservation and tree
replacement as an
integral part of the land
development and
construction process in
the City of Brookhaven
Existing Ordinance
The purpose of these
standards is to facilitate
the preservation and/or
replacement of trees as
a part of land
development in the city.
2
3
Purpose and Intent
Proposed Ordinance
New:
6) Maintain city trees in a
healthy and non
hazardous condition
through good
arboricultural practices
such as proper pruning,
mulching, etc.
7) Establish and maintain
appropriate diversity in
tree species and age
classes to provide a stable
and sustainable urban
forest.
Existing Ordinance
Has no such notes
covering proper pruning
or mulch
Does not mention
maintaining appropriate
diversity in tree species
and age classes to
provide a stable and
sustainable urban forest.
Tree Removal Allowances
and/or Exemptions
Proposed Ordinance
The removal of five (5)
10" or greater trees, other
than specimen trees from
an owner-occupied,
single-family residential
property, within a single
calendar year.
This requires a permit
for documentation
purposes with no fee.
However, where a tree
removal permit is applied
for, all Single Family
Residential properties
shall maintain 50" of trees
per acre. The minimum
planting size shall be 2"
caliper.
Existing Ordinance
The removal of five (5)
or fewer trees, other
than specimen trees, on
any single-family
residential property,
within a single calendar
year.
No permit required
Has no requirement for
replanting of owner
occupied lots
4
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 to
restore 50 inches per acre.

5
New Definitions are added to
the proposed ordinance
Basal area
Boundary Tree
Density Factor
Dieback
Overstory Tree
Root Plate
Tree Fund
Understory tree
6
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 property
with any portion of the root plate extending into the
permitting property (see Root Plate). Boundary trees must
be in good health as determined from the vantage point of
the property to be developed (pre-construction digital
photographs required). This provision shall not authorize
the trespass on private property abutting the site.
Root Plate means the area of the root zone comprised of
pedestal roots, the zone of rapid taper and roots under
compression, the directional radius of which based upon
the tree trunk diameter at 4.5 feet above the ground. The
root plate will typically be represented by a concentric
circle centering on the trees trunk with a radius equal in
feet to one-half times the number of inches of the trunk
diameter. (Failure of the tree could result if roots in this
area are damage or destroyed. Example: The root plate
radius of a 20 inch diameter tree is 10 feet.)
7
Boundary Tree
8
Root Plate:
9
Density Factor
means a unit of measure used to prescribe the
calculated tree coverage on a site. The site density
factor for areas within the corporate limits of the City
of Brookhaven is one hundred (100) inches per acre.
10
Overstory and Understory
trees
Overstory
means those trees that
compose the top layer
or canopy of vegetation
and will generally reach
a mature height of
greater than forty (40)
feet.
Understory
means those trees that
grow beneath the
overstory, and will
generally reach a
mature height of less
than forty (40) feet.
11
Tree Fund
Tree Fund means an account, maintained by the finance
department of the City of Brookhaven, of funds
contributed as a form of alternative compliance to the
Brookhaven Tree Ordinance. Tree funds may be used
for:
1) The development of a Tree Survey for the City of
Brookhaven
2) Purchase of trees and installation costs for planting
on public sites
3) Education related to Trees
4) Maintenance of City of Brookhaven Trees
5) Promotion of a healthy urban forest
12
Procedures
Application Requirements:
Tree Survey:
New: All trees larger than two (2) inches DBH can be
counted toward the required inches per acre.
Existing: All trees eighteen (18) inches (DBH) and larger
shall be identified.
13
Tree Protection and Tree
Replacement Plan Requirements.
Plans will not be accepted without a valid Tree
Protection and Replacement Plan. Typically the Tree
Protection Plan is separate from the Tree Replacement
Plan due to the complexity of the overall plan
requirements.
14
A new requirement added that
was not in the existing ordinance
Tree Survey in the form of a to-scale map showing tree
save areas, boundary trees and specimen trees with
tree protection methods located at the Critical Root
Zone (CRZ) and all applicable details and calculations
prepared and signed/sealed by a Georgia Registered
Surveyor or a Georgia Registered Landscape Architect. A
Certified Arborist shall also review site trees and
approve and stamp the plan prior to submittal. The
proposed tree protection fencing locations must match
associated engineering grading/limits of disturbance
plans. All reasonable efforts shall be made to save
specimen trees;
Tree Replacement Plan prepared and signed/sealed by a
Georgia Registered Landscape Architect noting the
location of all specimen trees to remain with CRZ
intact, Boundary Trees, and all other trees which will be
conserved and/or planted to count toward meeting site
density requirements. A Certified Arborist shall also
review site trees and approve and stamp the plan prior
to submittal. 15
Density
Proposed
All applicable sites brought
in for permit must preserve
a minimum of 100 inches
per acre outside of the
building setbacks.
Existing
Either one hundred
twenty (120) inches
(DBH) per acre or
twenty-five (25) percent
of existing significant
trees per acre of such
significant trees,
whichever is less, shall
be preserved on the
site. If the 25% rule is
chosen then site must
have 15 density units
per acre
16
Tree density must meet the
following requirements:
The City of Brookhaven requires that a portion of the
total number of existing trees outside of the building
setbacks 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 sites
submitted for development.
All stream buffers and flood plain acreage shall be
excluded from the site area tree calculations.
17
The density of 100 inches per acre may be
achieved as follows:
counting existing trees (inches measured at DBH) to be
conserved
planting new trees (minimum 2" caliper) for lots that do not
have 100" per acre
Formula:
Acreage x 100 Inches = Required Inches
Example:
1.2 Ac. x 100 Inches = 120 Inches Required
18
Existing ordinance example
25% rule: a one acre lot has 4 trees: a 37 Water Oak, a
26 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 39
tree is worth 15 density units.
Canopy loss of 50% approximately
19
Proposed Ordinance example
Same 1 acre lot same 4 trees: a 37 Water Oak, a 26
Beech, a 22 Pine, and a 20 Hickory.
The Hickory tree and the Pine are in the buildable area of
the 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
20
On commercial and residential sites the
inches per acre calculations:
Proposed
The inches per acre
calculation shall be
based on the net site
areas, excluding any
detention ponds, lakes,
stream buffers, flood
plain areas and
permanent easements
where planting is
prohibited.
Existing
Residential sites can not count
trees in the stream buffers and
state buffer zones, transitional
buffer zones and designated
floodplains
Trees and tree save areas on sites
zoned C-1, C-2, M or M-2 may be
located in stream buffers, and
state buffer zones, transitional
buffer zones, and designated
floodplains.
21
New Code
The buffer may be pruned per ANSI standards to create
'lines of sight" as approved by the City Arborist to
provide views of structures and/or surface water and
still remain effective; however an entire trophic layer
shall not be removed.
22
Specimen trees
23
Specimen tree sizes
Proposed
Large hardwoods, i.e.
oaks, hickories, yellow
poplars, and similar
species: Thirty (30) inches
DBH.
Large softwoods, e.g.
pines, evergreens, and
similar species: Thirty
(30) inches DBH.
Small trees, e.g.
dogwoods, redbuds,
sourwoods, and similar
species: Ten (10) inches
DBH
Existing
26 inch DBH - Hardwood/Softwood
trees of the following Genus: Oak,
Beech, Ash, Blackgum, Sycamore,
Hickory, Maple (does not include
Silver Maple), Pecan, Walnut,
Persimmon, Sourwood, Cedar,
Cypress, Redwood
30 inch DBH - Hardwood trees of the
following Genus: Tulip Poplar, Sweet
Gum, Magnolia, River Birch, Maple
(Silver Maple only)
10 inch DBH - Understory trees such
as: American Holly, Dogwood,
Redbud, Cherry, etc.
24
Specimen criteria
A life expectancy of greater than 15 years.
A relatively sound and solid trunk with no obvious
extensive decay, hollow areas, or structural
deficiencies.
No more than 20% radial trunk dieback and no more
than 30% canopy dieback.
Relatively uniform crown distribution or correctable
crown distribution with no more than 70% of all
branches on one side of the tree.
25
An Arborist Report by an ISA certified Arborist shall be
included in the submittal for all specimen sized trees
noting the location, size and condition.
Trees meeting the specimen criteria that are slated for
removal shall be recompensed on an inch for inch basis
with a combination of 2", 3" and 4" caliper overstory
trees.
26
Specimen recompense is above
and beyond the requirement of
100 inches per acre.
Non specimen sized trees saved without any CRZ
impact in excess of the required 100 inches per
acre may count toward the specimen recompense
on an inch for inch basis.
If the applicant saves extra healthy trees such
trees may be counted toward the required
recompense.
27
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 on
industry accepted spacing requirements, alternative
compliance is available by contribution to the City of
Brookhaven Tree Fund.
How do we calculate that?
At $125.00 per inch
28
maximum fee of one hundred twenty (120) inches for five (5)
120 x$125.00= $18,000 acres or less
maximum recompense fee of two hundred forty (240) inches for
240 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 = $7,500
Therefore: $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 = $15,000
Therefore: $15,000 owed to Tree Fund
6.0 Acre site with two (2) 30" trees = 60" x $125.00 per Inch = $7,500
Therefore: $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 = $30,000
Therefore: $30,000 owed to Tree Fund
Specimen tree recompense
Proposed
recompensed on an inch for
inch basis with a combination
of 2", 3" and 4" caliper
overstory trees
Specimen recompense is above
and beyond the requirement of
100 inches per acre.
If the City arborist agrees that
the specimen recompense trees
will not fit on the site based on
industry accepted spacing
requirements, alternative
compliance is available by
contribution to the City of
Brookhaven Tree Fund.
Existing
30
Any specimen tree removed
from a parcel shall be
replaced by one and five-
tenths (1.5) times the
equivalent inches (DBH) of
replacement trees or existing
trees in excess of the
requirements of subsection
(g), tree preservation and
replacement requirements,
using species with potentials
for comparable size and
quality at maturity.
No maximum recompense fee
No tree fund option
Protection of Trees During
Construction
Tree identified to be preserved and counted toward the
tree density shall have four foot orange tree protection
fencing installed at or beyond the CRZ. A 2 inch layer of
mulch containing mycorrhizae fungi shall be spread over
the CRZ.
This beneficial fungus improves the trees ability to
absorb water and nutrients from the soils.
31
Boundary Tree Encroachment
For boundary trees encroached more than 20% of the critical root
zone an escrow account shall be established in the amount totaling
the estimated cost of removal plus the cost to replace the dbh of
the boundary tree.
Replacement trees shall be of comparable mature canopy size and
species quality to the boundary tree and shall be ecologically
compatible with the intended growing site
Boundary tree health and potential for survival shall be determined
by the city arborist after a maximum of 3 years after project
completion, at which time the arborist shall either authorize the
return of escrow funds to the permit holder or to the tree owner
for the removal and replacement of the boundary tree should the
boundary tree die, be destroyed or be determined to be in
irreversible decline as a result of the permit holders disturbance
activities. The city arborist may also require that the escrow
account remain in place for up to an additional 2 years if signs of
tree decline are evident but treatment options by the permit
holder could be taken to improve tree health and longevity.
No applicant nor petitioner shall be entitled to receive interest on
any escrow funds required by this provision. Any funds not
collected by either the boundary tree owner(s) or the permit
holder within a period of 5 years shall be deposited in the tree
bank.
32
Any tree, designated on the plan
to be saved, which is negligently
damaged during construction or
as a result of negligent
construction, as determined by
the arborist
shall be treated according to ISA standards. If fatally
damaged, tree (s) shall be recompensed on a 1.5 inch
per 1 inch basis with a combination of 2", 3" and 4"
caliper overstory trees.
33
Removal of Trees from
Floodplain
Trees shall not be cut or removed from the floodplain except
as follows:
Those trees found to be diseased or infested by insects as
determined by the City Arborist, county extension service,
the Georgia Forestry Commission, an ISA certified arborist
or a registered forester.
As necessary for construction, repair or maintenance of
public roads, utilities or storm water management
facilities.
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 or
diseased trees)
34
Tree Replacement
When practical, the replanted trees shall be of the
same or similar species as those removed.
When more than 50 trees are proposed for replanting, a
minimum of 5 species of trees is required and more
than 5 species are encouraged.
The City Arborist will have the administrative option of
giving a 25% variance for the type of one species
selected in situations in conflict with the inch per acre
requirements.
35
Parking Lot Trees
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, must retrofit the entire parking lot
to meet the tree planting standards set forth within this
section.
36
Street Trees
On commercial and industrial sites, there shall be a
minimum of one (1) 2" caliper deciduous shade tree for
every 35 feet of public street or private entrance road
frontage.
For subdivisions, providing a design appropriate street
tree planting program is an acceptable method of
achieving density.
37
Buffers
Proposed
A zoning buffer shall consist
of evergreen plant materials
that shall form an 80% visual
barrier within 2 years and a
100% visual barrier within 5
years.
Trees must be minimum 6-
feet height at installation,
and shrubs must be minimum
24-inch height at installation.
Buffers may be required as a
condition of zoning, in land
use transition areas, in
special land use permits or as
a condition of a variance
approval.
Existing
Buffer planting shall
meet the minimum
width requirements
contained in the
Brookhaven Zoning
Ordinance
No other requirements
No other standards
38
Proposed Ordinance Buffer
Planting Standards are as follows
Existing buffer to remain undisturbed: Sparsely vegetated or
previously disturbed portions of any undisturbed, existing buffer
shall be replanted to comply with (7) c. above. Dying, diseased,
dead or invasive materials may be removed from a buffer provided
that 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 of
one row of evergreen trees and one row of evergreen shrubs
Buffer Width 21-35: This buffer shall consist of a minimum of two
rows of evergreen trees and one row of evergreen shrubs
Buffer Width 35+: This buffer shall be subject to approval by the
City of Brookhaven. A mix of hardwood and evergreen trees
planted within buffers areas may be counted for credit toward the
minimum required inches per acre. Up to 25% of this buffer may
also be planted with shrubs as approved by the City Arborist.
39
Alternative Compliance
In no instance shall one hundred (100) percent of the
required inches per acre be met through alternative
compliance.
Possible alternatives may include one or more of the
following:
Common area planting within the existing
development. Trees could be planted on a lot nearby
Tree Banking - Allowable in areas designated for public
planting programs within a reasonable distance from the
existing development. To be approved on a case by
case basis by the Director and City Arborist. Planting in
a nearby park
Tree Fund (Price per inch based on current market
installed costs)
40
Tree Harvesting
Permits authorizing selective tree harvesting shall be
determined on a case by case basis coordinated by the
Director and the City Arborist.
Example: To reduce overcrowding in an existing stand of
trees to improve the trees health and growth
41
Utility Company and public
works guidelines
All tree trimming and pruning to be performed by public
utilities, public agencies and their subcontractors on
trees growing on private or public rights-of-way shall be
done according to the most current ANSI standards for
pruning of mature trees.
The routing of public and private utility easements shall
be 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 the
Director's authority while engaged in planting,
mulching, pruning or removal of trees, shrubs, etc. in
any street or public place within the city.
42
Enforcement
Violation and Penalty - Any violation of any provisions of
the Tree Ordinance by any person, firm or corporation
shall be deemed an offense and upon conviction in
municipal court shall be subject to penalty as is
provided in section 1-10 of the Code of the City of
Brookhaven. Each tree removed or killed in violation of
this 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, and
any architect, builder, contractor or any other agent of
the owner, or any tenant, who commits or assists in the
commission of any violation, shall be guilty of a
separate offense
Any homeowner of record found in violation of any of
the provisions of this ordinance after having first been
issued a warning notice shall be subject to penalty
43
Administrative Variances
Proposed
Front, side, and rear yard
setbacks, and parking
requirements may be
reduced up to 25% by the City
Arborist and the Director in
order to preserve existing
specimen trees. 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. Administrative
variances shall be considered
and decided consistent with
procedures and criteria as set
forth within the Zoning
Ordinance
Existing
Existing code allows a
50% variance to the
setbacks to move the
house in any one
direction to save a
specimen tree
44
Special Exceptions
The Zoning Board of Appeals, after consulting with the
City Arborist, is authorized to consider requests for
special exception for the removal of a specimen tree.
All such requests shall be filed, notice given and all
procedures shall be followed. No such special exception
for the removal of a specimen tree shall be granted by
the Board unless the applicant has demonstrated and
the board has found that the property is not capable of
earning a reasonable economic return absent the grant
of the special exception In making this determination
the 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.
45
Comparison
Proposed
Preserves a mixture of
different ages and sizes of
trees on small micro sites
Keeps canopy loss at a
minimum
Keeps our urban forest
healthier
Streamlines calculations
Allows for improved
understanding and
implementation
Existing
Created for large Macro
site tracts of land
Allows total canopy loss
on a residential site
Encourages large tree
preservation
Complex
implementation and
calculations
46
Questions ?
47
Thank you
48