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

Trees! Crafting Decatur- Appropriate Regulations Cit y Commission Work S ession April 7, 2014

Tonight ’ s Agenda  Review Proposed Amendment s t o t he January 21 st Ordinance  Approve a Timeline for Public Input  Review Proposed Implement at ion

Background Fall 2013 January 2014 New tree March 2014 ordinance Proposed April 2014 developed ordinance City and tabled Commission Amended moratorium recommends ordinance enacted ordinance prepared for revisions 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.

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

Prot ect ed Trees  Any public t ree, any t ree of any size conserved or plant ed t o meet t ree ordinance 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% of 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% of crit ical root zone is impact ed then No requirements for protection or replanting

Applicat ion of Ordinance- Commercial Are either of the following increasing by more than 15% -Impervious surface of site- -Floor area of existing structures- No Y es CONSERVATION PLAN CONSERVATION PLAN Prot ect ion for all impact ed t rees Prot ect ion for all impact ed t rees R emoval permit required wit h onsit e Ent ire sit e must be brought int o replacement for no net loss compliance wit h canopy goal of 45% Tree bank can be used for up t o 75% Tree bank not offered as opt ion of requirement

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 opt 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 4 th 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 5 th : Cit y Commission Work S ession  May 19 th : 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