12-16-2019 December 16, 2019 Mayor and Council Meeting Minutes - SIGNED - LFCity of Smyrna 2800 King Street
7 Smyrna, Georgia 30080
r �
Meeting Minutes - Final
City Council
Monday, December 16, 2019 7:00 PM Council Chambers
Roll Call
Present: 8 - Mayor Max Bacon, Councilmember Derek Norton, Councilmember Andrea
Blustein, Councilmember Maryline Blackburn, Councilmember Charles
Welch, Councilmember Susan Wilkinson, Councilmember Tim Gould and
Councilmember Lewis Wheaton
Also Present: 10 - Tammi Saddler Jones, Scott Cochran, Terri Graham, Russell Martin, Janet
Liberman, Joey Staubes, Caitlin Crowe, Tina Monaghan, Jennifer Bennett
and Landon O'Neal
Call to Order
Mayor A. Max Bacon called the December 16, 2019 Mayor and Council meeting to
order at 7:00 PM.
1. Invocation and Pledge:
Reverend Pam McCurdy, Bethany United Methodist Church (760 Hurt Road) delivered
the Invocation and led all in the Pledge of Allegiance.
2. Agenda Changes:
A. 2019-467 Suspend the Rules to add an agenda item to Formal Business item E for
an Apartment Name Change to Cumberland Pointe
Councilmember Derek Norton made a motion to suspend the rules to add an agenda
item; the motion was seconded by Councilmember Charles (Corkey) Welch.
The motion to approve carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember
Blackburn, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Wheaton
B. 2019-468 Add agenda item to Change an Apartment complex name located at
1202 Wexford Drive SE from Ashford Woods Apartments dba Ashford
Woods to Cumberland Pointe Apartment Holdings LLC dba Cumberland
Pointe under formal business item 6. E.
A motion was made by Councilmember Derek Norton to add an agenda item to Formal
Business 6. E. to change an apartment complex name located at 1202 Wexford Drive
SE from Ashford Woods Apartments dba Ashford Woods to Cumberland Pointe
Apartment Holdings LLC dba Cumberland Pointe; the motion was seconded by
Councilmember Lewis Wheaton.
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3.
A.
4.
5.
6.
Mayoral Report:
The motion to approve carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember
Blackburn, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Wheaton
Recognition of Lois Lewis, recipient of the Carolyn Crayton Woman of the
Year Award from the Keep Georgia Beautiful Foundation
Sponsors: Welch
Councilmember Charles "Corkey" Welch presented Ms. Lois Lewis with the Carolyn
Crayton Woman of the Year Award from the Keep Smyrna Beautiful Foundation.
Ms. Lewis has been with the Keep Smyrna Beautiful Board for 27 years and has
witnessed a lot of change. She has enjoyed her time and continues to participate in
any way that she can.
Mayor Bacon thanked Ms. Lewis for her many contributions to the City of Smyrna.
Mayor Bacon presented City Administrator Tammi Saddler Jones with her ten year
service award.
Land Issues/Zonings/Annexations:
There were no Land Issues, Zonings or Annexations.
Privilege Licenses:
There were no privilege licenses.
Formal Business:
A. 2019-449 Approval to record the Official City Election Results for the Runoff
Municipal Election for the City of Smyrna for Mayor and Ward 2 Council
held December 3, 2019. There were 7,374 ballots cast 20.15% of
36,597 registered voters. For the office of Mayor of (36,597) registered
voters 7,369 votes: Ryan Campbell - 3,605 votes - 48.89% and Derek
Norton - 3,764 votes - 51.04%. Ward 2 Council, 5,100 registered voters
675 votes: Andrea Blustein - 284 votes - 41.64% and Austin Wagner -
391 votes - 57.33%. Derek Norton was elected to the office of the Mayor
and Austin Wagner was elected to office of Ward 2 Council.
Sponsors: Welch
Mayor Bacon read aloud the results of the December 3, 2019 Municipal Runoff
Election.
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A motion was made by Charles (Corkey) Welch to approve and record the Official City
Election Results for the Runoff Municipal Election for the City of Smyrna for Mayor and
Ward 2 Council held December 3, 2019. There were 7,374 ballots cast 20.15% of
36,597 registered voters. For the office of Mayor of (36,597) registered voters 7,369
votes: Ryan Campbell - 3,605 votes - 48.89% and Derek Norton - 3,764 votes -
51.04%. Ward 2 Council, 5,100 registered voters 675 votes: Andrea Blustein - 284
votes - 41.64% and Austin Wagner - 391 votes - 57.33%. Derek Norton was elected to
the office of the Mayor and Austin Wagner was elected to office of Ward 2 Council; the
motion was seconded by Councilmember Tim Gould.
The motion to approve carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember
Blackburn, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Wheaton
B. ORD2019-19 Approval to amend the City of Smyrna's Code of Ordinances Chapter
106, Vegetation, by amending Article II Tree Conservation and
Replacement
Sponsors: Gould
City Administrator Tammi Saddler Jones presented the background information for this
agenda item. Over the past several years, the Smyma Tree Board, the development
community and the city's professional staff have expressed concerns over the
effectiveness of the City's current Tree Ordinance. City staff reviewed the current
ordinance and determined that the document was due for revision as the last update
was in 2008. Mayor and Council charged city staff with the task of revising the
ordinance to address the issues and concerns raised by the Smyrna Tree Board and
the development community. The development of the revised tree ordinance occurred
with a three -step process, which included the following. (1) The collection of concerns
and comments from stakeholders, (2) The establishment of the Tree Ordinance
Revision Committee; and (3) The revision of the Tree Ordinance. These three steps
were vital in the development of the revision to the ordinance.
Councilmember Tim Gould is the Community Development Chairperson and therefore
the sponsor of this item. He asked Community Development Director Russel Martin to
present further details on the Tree Ordinance.
Mr. Martin provided additional background information on this item including a power
point presentation. Over the past several years, the Smyrna Tree Board, the
development community and the city's professional staff have expressed concerns
over the effectiveness of the City's current Tree Ordinance. City staff reviewed the
current ordinance and determined that the document was due for revision as the last
update was in 2008. Mayor and Council charged city staff with the task of revising the
ordinance to address the issues and concerns raised by the Smyrna Tree Board and
the development community.
The Smyma Tree Board identified six main issues and concerns that they wanted to be
addressed by the Committee. These issues and concems included the following:
(1) The preservation of trees on single family and duplex lots;
(2) Boundary tree definitions;
(3) Specimen tree requirements;
(4) Minimum tree density requirements
(5) Maximum specimen tree recompense requirements, and
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(6) Fees related to tree removal.
in addition to the issues and concems of the Tree Board, city staff identified six issues
and
concerns that they wanted to be addressed by the Committee. Theses issue and
concerns
included the following:
(1) Maximum specimen tree requirements;
(2) Require single-family building permits to meet requirements of the Tree Ordinance;
(3) Reduction of the critical root zone (CRZ) requirement to preserve specimen trees;
(4) improve tree care and maintenance prescriptions for trees with CRZ
encroachments,
(5) improve tree planting requirements for residential lots and buffers; and
(6) Update Technical Standards for the Tree Ordinance.
The changes to the ordinance include the following major categories:
(1) Permit for residential tree removal for trees larger than 24
(2) Changes to definitions,
(3) Changes to specimen tree requirements;
(4) Changes to specimen tree recompense;
(5) Penalties for tree removal;
(6) Tree planting requirements; and
(7) Improved Technical Standards.
The Committee revised the ordinance by addressing these issues and concems where
applicable in the ordinance or the Technical Standards. After countless meetings and
hours of work, the Committee developed a revised Tree Ordinance that all supported.
The proposed revised Tree Ordinance is a well-rounded document that accomplishes
all the goals established by Committee. The ordinance will promote a healthy viable
community forest that will be shared by the citizens of Smyrna. Staff recommended
approval of the proposed revisions to the City's Tree Ordinance.
Mayor Bacon pushed for these revisions because he wanted to see it done and in
place before he left office. He mentioned that Forrest Hills was a neighborhood that
fought hard for the updates. The Mayor asked Mr. Martin if the City currently had
enough staff to handle these new regulations and the answer was yes.
Councilmember Welch asked Mr. Martin to pull back up the slide showing costs. He
spoke from a developer perspective as well as from a private homeowner perspective.
Mr. Welch provided various scenarios to gather more information on the possibilities
regarding the costs associated with the Tree Ordinance revisions.
Councilmember Blackburn inquired about the tree bank and what the money goes
toward that is in that bank. The money has to be used in a public space and has to
be used for trees.
Mayor Bacon expressed concern over whether the Tree Ordinance revisions could
cause problems with possible future annexations.
Councilmember Wilkinson asked if the tree bank funds were used to plant trees in
medians and such. Mr. Martin answered that the tree bank funds cover trees that are
planted on any public land including medians.
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Councilmember Blustein wanted to know how trees that fall due to storm damage are
handled.
Councilmember Norton expressed interest as to how citizens will be educated about
the changes. Mr. Martin shared that the information will be on the website and shared
on the various social media platforms. For the first year, Mr. Martin is not interested in
punishing people but rather spreading the word and educating citizens.
Mayor Bacon allowed those interested in making public comment regarding the Tree
Ordinance only to come forward and speak.
Mr. Mike McNabb, 750 Austin Drive, spoke about the ordinance. He wants to be sure
that the new ordinance doesn't punish those who have heavily wooded lots. He feels
like it penalizes those that have already been actively maintaining the tree canopy in
the City. Mr. McNabb urged Council to understand that the City should offer incentives
and not penalties. Encouraging people to save the trees rather than punishing them
into keeping the trees. Making trees a liability will encourage people to cut trees down
when selling their properties in order to get more money from potential buyers who fear
the rules in place regarding trees. He asked that this be tabled until the idea of
incentives is looked into further.
Ms. Christina Dorf-Kapczynski, 1663 Harrington Road, is from Ward 7 and is 16 year
old student from Campbell High School. She used to have a bunch of trees in their
back yard and recently they were removed by a developer. She stands for some
action to preserve trees in Smyrna. Ms. Dorf-Kapczynski wants to live in a City that
promotes and prioritizes sustainability.
Ms. Natasha Dorr-Kapczynski, 1663 Harrington Road, is an 18 year old student at
Campbell High School and also lives in Ward 7. She remembers as a child that she
used to play in the trees throughout the City. Many of her friends also had fond
memories of playing in trees when growing up. She feels like the trees silently support
the children and therefore should be preserved.
The Mayor commended the young ladies for coming forward to speak. He asked for
those in attendance for the tree ordinance to please raise their hand. The majority of
those in the audience raised their hand in support of the tree ordinance.
A motion was made by Councilmember Tim Gould to approve ORD2019-19 an
ordinance to amend the City of Smyrna's Code of Ordinances Chapter 106, Vegetation,
by amending Article II Tree Conservation and Replacement; the motion was seconded
by Councilmember Maryline Blackburn.
The motion to approve carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blackburn, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Wheaton
Nay: 1 - Councilmember Blustein
C. ORD2019-26 Approval to amend the City of Smyrna's Code of Ordinances Chapter 66,
by adding Section 66-17.1 Prohibiting Smoking Within the Downtown
Design District Area.
Sponsors: Gould
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The information on this item was presented by Ms. Saddler Jones. Numerous studies,
including those published by the Surgeon General of the United States and recent
reports of the Environmental Protection Agency, have shown that secondhand smoke
is a cause of disease, including lung cancer, in healthy nonsmokers; a major
contributor to indoor air pollution; and particularly harmful to children, elderly people,
and allergic individuals. The purpose of the ordinance is to prohibit smoking or using
an electronic smoking device in all public places within the area designated as the
Downtown Design District.
Mr. Gould provided some additional information on the agenda item including that
recently some restaurants in the downtown design district decided to go smoke free
and the ordinance supports their decision to do so.
City Attorney Scott Cochran explained that the smoke free area encompasses the
businesses on both sides of the road from Windy Hill Road to Concord Road.
Mayor Bacon explained the history behind this change. State Law leaves the decision
up to the individual establishments. The establishments were looking to the City for
assistance in prohibiting smoking. This ordinance prohibits future restaurants from
opening up a smoking area and therefore protects the restaurant owners who have
taken the initiative to ban smoking.
Ms. Blackburn noted that State Law gives the City the ability to dictate whether or not
it is a smoke free city like so many other cities around the county including Atlanta,
Savannah, and New Orleans. She feels that creating areas of non-smoking rather than
making the whole City smoke free creates more problems than it solves.
A motion was made by Councilmember Tim Gould to approve ORD2019-26 an
ordinance to amend the City of Smyrna's Code of Ordinances Chapter 66, by adding
Section 66-17.1 Prohibiting Smoking Within the Downtown Design District Area; the
motion was seconded by Councilmember Derek Norton.
The motion to approve carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember Welch,
Councilmember Wilkinson, Councilmember Gould and Councilmember
Wheaton
Nay: 1 - Councilmember Blackburn
D. Adopt a Resolution acknowledging the Smyrna Grove Subdivision as a
gated community, designating the roadways within the subdivision as
private streets to be maintained by the Smyrna Grove Home Owners
Association, conveying any interest in the right of way to the homeowners
association subject to certain utility easements and authorizing the mayor
to execute all necessary documents related thereto.
Soonsors: Wilkinson
City Administrator Saddler Jones reviewed the pertinent information for this agenda
item. The neighborhood of Smyma Grove has expressed an interest to become a
private, gated community. This is an approval of a Resolution conveying the
rights -of -ways of Crimson Maple Way, Still Pine Bend, White Cypress Court, Windy
Elm Drive, Smyrna Grove Drive and Smyrna Grove Place, consisting of 8.87 acres, to
the Smyrna Grove Home Owners Association (HOA) because the said right-of-ways
are no longer needed. The resolution authorizes the City to convey whatever interest it
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has in the property to the Smyrna Grove HOA with all necessary utility easements for
city access and maintenance of the water and sanitary sewer system.
Councilmember Wilkinson asked Mr. Martin to offer any comments on the item. He
did not have anything further to add. She then read the resolution aloud.
Mr. Mitch Powell, Mr. Russell Wheeler, and Ms. Candice Fields, representatives from
Smyrna Gove came forward to speak. Initially, 98% of residents surveyed were
interested in becoming private. Since the survey, it became 100% of residents that
wanted to become a private, gated community.
Ms. Wilkinson thanked the residents for their hard work and is looking forward to
working with them in the future.
A motion was made by Councilmember Susan Wilkinson to Adopt a Resolution
acknowledging the Smyrna Grove Subdivision as a gated community, as read aloud;
the motion was seconded by Councilmember Maryline Blackburn.
The motion to approve carried by the following vote:
Aye: 7 - Councilmember Norton, Councilmember Blustein, Councilmember
Blackburn, Councilmember Welch, Councilmember Wilkinson,
Councilmember Gould and Councilmember Wheaton
E. 2019-466 Public Hearing - Apartment Name Change Request 2019-466 - 1202
Wexford Drive SE - Name change from Ashford Woods Apartments dba
Ashfored Woods to Cumberland Pointe Apartment Holdings LLC dba
Cumberland Pointe with Richelle Atkins as agent.
Sponsors: Gould
A motion was made by Councilmember Tim Gould to approve an Apartment Name
Change Request 2019466 - 1202 Wexford Drive SE - Name change from Ashford
Woods Apartments dba Ashford Woods to Cumberland Pointe Apartment Holdings
LLC dba Cumberland Pointe with Richelle Atkins as agent; the motion was seconded
by Councilmember Derek Norton.
The motion to approve carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Blackburn, Councilmember Welch, Councilmember Gould and
Councilmember Wheaton
Absent: 1 - Councilmember Wilkinson
7. Commercial Building Permits:
There were no Commercial Building Permits.
8. Consent Agenda:
City Administrator Tammi Saddler Jones read the consent agenda aloud.
Councilmember Tim Gould made a motion to approve the consent agenda as read
aloud by the City Administrator Tammi Saddler Jones; the motion was seconded by
Councilmember Charles (Corkey) Welch.
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A.
B.
C.
D.
E.
9.
The motion to approve carried by the following vote:
Aye: 6 - Councilmember Norton, Councilmember Blustein, Councilmember
Blackburn, Councilmember Welch, Councilmember Gould and
Councilmember Wheaton
Absent: 1 - Councilmember Wilkinson
2019-459 Approval of the December 2, 2019 Mayor and Council Meeting minutes.
2019-460 Approval of the December 2, 2019 Pre -Council Meeting minutes.
2019-458 Approval of renewal with Georgia Municipal Association for 2020
Worker's Compensation Insurance Coverage and Administration and
authorize Mayor to sign any related documents
gRonsors: Blackburn
2019-456 Approval to use Council Chambers for Creatwood at Vinings Annual
HOA Meeting, Sunday, February 9, 2019 from 6:00pm - 8:00pm
Sponsors Gould
2019-457 Approval to use Council Chambers for the Heritage at Vinings Annual
HOA Meeting on Thursday, January 23, 2019 from 7:30pm - 9:30pm.
Spongy: Gould
Committee Reports:
Councilmember Lewis Wheaton wished everyone Happy Holidays. He thanked Smyrna
Police for their help over at the Cumberland Mall this past weekend.
Councilmember Tim Gould invited members of the Tree Board to come up so that they
could present a gift to the Mayor. Mayor Bacon received a framed piece of one of the
tree scarves that was on display earlier in the year. Councilmember Gould took
photos.
Councilmember Charles "Corkey" Welch everyone a Merry Christmas and Happy New
Year. He reminded everyone that Santa would be available for pictures at Aunt
Fanny's Cabin for anyone interested.
Councilmember Blackburn wished everyone Happy Holidays. She recommended that
everyone walk through and see the beautiful lights in the City. She thanked Fortis
College for inviting her to be their Winter Commencement Speaker this past Friday.
Ms. Blackburn offered her congratulations to the recipients at the Mayor Education
Awards.
Councilmember Blustein wished everyone a very Merry Christmas and Happy New
Year.
Councilmember Norton spoke about how wonderful the Mayor's Education Awards
were. He thanked the Mayor for starting the tradition and expressed that he intends to
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City Council Meeting Minutes - Final December 16, 2019
continue the tradition.
City Administrator Saddler Jones wished everyone Happy Holidays. She thanked the
Mayor for her ten year service award and stated that it has been a great pleasure
serving the citizens of Smyrna.
10. Show Cause Hearings:
11. Citizen Input:
There were no Show Cause Hearings.
Mr. Chime Ugwuegby, 3550 Sherwood Road, signed up to speak about speeding and
reckless driving near his home. On August 12, 2019 at 4:19pm a car plowed into his
home with his four year old son and babysitter present. He would like to see speed
bumps and other traffic calming measures on the roads in the area surrounding his
home. The speed limit is 25 MPH but people drive over 60 MPH. While he
appreciates the effort, he was not happy with the results of the speed study that was
done recently. Mr. Ugwuegby would like to see something done before someone is
seriously injured.
Mr. Steven Jones, 2823 Spring Drive, thanked the Mayor for his service. He took the
opportunity to thank Councilmember Andrea Blustein and stated that her Ward 2
meetings were so helpful to him even though he lives in Ward 1.
Mr. Leonard Robinson, 1809 Teasley Drive SE, a co-founder of Sustainable Smyrna
mentioned that the two girls that spoke earlier during the tree ordinance are a part of
the organization. There are now 200 members of Sustainable Smyrna.
Councilmember Blackburn, also co-founder, was their sustainability champion and he
thanked her for her work. Mr. Robinson looks forward to working with both the new
and returning elected officials. He thanked the Mayor for his service and wished
everyone Happy Holidays.
Ms. Lady G Dancy, 2731 Woodland Terrace, complimented Councilmember Blackburn
on her work for the City.
Mr. Dave Vranicar, 3241 Collier Gate Court SE, recognized Councilmember Blackburn
for her contributions to the City. He expressed a desire to have a relationship with the
City of Smyrna (member of Sustainable Smyrna). Climate change is a huge issue that
needs to be addressed.
Mr. Michael Murphy, 5718 Glenda Drive, commended Councilmember Blackburn for
her work. He has worked with her on county projects. Mr. Murphy feels that too often
citizens don't realize the value of community and of public service.
Ms. Andrea Blustein, 2403 Country Park Drive, spoke about her time with the City of
Smyrna including being the Mayor's appointment to the Downtown Development
committee, serving ten years on the Planning & Zoning Commission, and eight years
as a Councilmember. She is sad to go but wanted to thank everyone and wished
everyone a Happy Holiday.
Ms. Maryline Blackburn, 1034 Huntington Trace, asked for five minutes on the clock
and it was granted by Mayor Bacon. She thanked Councilmembers for their service,
and to the Mayor, she offered congratulations and well wishes. To the residents of
Smyrna, Ms. Blackburn thanked them for entrusting her to serve on the Council for the
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City Council Meeting Minutes - Final December 16, 2019
12. Adjournment:
past two years. She promised to be a true voice for the everyday residents of Smyma
and believes that she has done so. Communication, transparency, and respect will be
crucial in bringing everyone to the table to have "One" Smyrna.
Mayor Bacon adjourned the December 16, 2019 Mayor and Council meeting at 9:15
PM.
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ANDREA BLUSTEIN, WARD 2
CHARLES AMELCH, WARD 4
7i"
TIM GOULD, WAR 6
TERRI GRAHAM, CITY CLERK
COUNCIL MEETING
A
DEREK NORTON, WARD 1
MA YLINE BLACKAURN, W 3
L IS EATON, 7
MAYOR AND COUNCIL MEETING
A. MAX BACON, MAYOR
ANDREA BLUSTEIN, WARD 2
CHARLES A.WELCH, WARD 4
TIM GOULD, WARD 6
TERRI GRAHAM, CITY CLERK
DEREK NORTON, WARD I
MARYLINE BLACKBURN, WARD 3
SUSAN WILKINSON, WARD 5
LEWIS WHEATON, WARD 7
Resolution 2019-07
Smyrna Grove
RESOLUTION NO.2019-07
WHEREAS, the Smyrna Grove subdivision desires that its neighborhood be a gated
community; and
WHEREAS, according to city policy, Public streets cannot be gated and closed to the
public; and
WHEREAS, Smyrna Grove neighborhood has agreed to accept the streets within the
community as private streets owned and maintained by the homeowner's association; and
WHEREAS, the Smyrna Grove neighborhood has demonstrated the financial ability
to pay all future maintenance of the streets; and
Whereas no substantial public purpose is served by requiring the streets within the
Smyrna Grove subdivision to be publicly maintained because the streets are not necessary for
the public street system within the city and removal of these streets from the municipal
streets system is in the best interest of the public.
THEREFORE, IT IS RESOLVED, as follows:
1. The Smyrna Grove Subdivision may be a fully gated community.
2. All streets within the Smyrna Grove subdivision will be private and all future
maintenance responsibility that is not required to be done by the builder or developer, shall
be done by the Smyrna Grove Homeowners Association.
3. The City is authorized to convey whatever interest it has in the streets to the Smyrna
Grove HOA subject to a reservation of necessary utility easements for city access,
maintenance and construction of the water and sanitary sewer system that is under the streets.
4. The streets to be private and conveyed include the following Crimson Maple Way,
Still Pine Bend, White Cypress Court, Windy Elm Drive, Smyrna Grove Drive and Smyrna
Grove Place.
5. The city is authorized to enter into all agreements necessary to carry out this
resolution and the mayor is authorized to execute all necessary documents.
h �
Resolution 2019-07
Smyrna Grove
This Resolution was adopted by the Governing Authority of the City of Smyrna,
Georgia on the 161h day of December 2019.
Terri Graham, City clerk A. Max Bacon, Mayor
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OFFICIAL -
SEAL
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2
Ordinance 2019-19
Vegetation, Tree Conservation and Replacement
ORDINANCE 2019-19
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR
THE AMENDMENT OF THE CODE OF ORDINANCES, CHAPTER 106,
VEGETATION BY AMENDING ARTICLE II TREE CONSERVATION AND
REPLACEMENT
BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding Chapter 106, Vegetation, Article II — Tree Conservation and Replacement,
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendment.
Chapter 106 - VEGETATION
ARTICLE I. - IN GENERAL
Secs. 106-1-106-25. - Reserved.
ARTICLE II. - TREE CONSERVATION AND REPLACEMENT
Sec. 106-26. - Purpose and intent.
The intention of this article is to promote the awareness of the benefits of trees as an
integral part of the land development and construction process and to establish mechanisms
which result in long term community viability. This article shall be known and may be cited as
"The Smyrna Tree Ordinance."
Community forests are recognized for their important role in providing economic vitality and
ecological viability for all real property. Trees contribute toward quality of life, visual quality of
the City, and improved property values. Therefore:
The City deems it necessary and desirable in the interest of public health, safety and
welfare to enact an ordinance for the conservation, planting and replacement of trees and to
1
Ordinance 2019-19
Vegetation, Tree Conservation and Replacement
manage and grow the community forest. It is the City's intent to prevent the indiscriminate
removal of trees without denying the reasonable use and enjoyment of real property. It is also
the intent of these regulations that all applicable sites within the City maintain or obtain minimum
tree density, as defined herein. Consistent with the expressed purpose of these regulations, all
persons shall make reasonable efforts to protect and retain certain existing, self-supporting
trees as defined herein. Each person shall be responsible for the normal care of trees located
on its premises.
The purpose of this article is to:
(1) Provide standards for the conservation and replacement of trees;
(2) Provide standards for the protection of trees during construction whenever possible in
order to enhance the City; and
(3) Provide education to the community about the value and best management practices
for community forest management.
(Ord. No. 2008-5, 4-21-08)
Sec. 106-27. - Applicability.
(a) The terms and provisions of the Smyrna Tree Ordinance and these standards shall apply to
any activity which requires the issuance of a development permit or removal of specimen
tree(s). No development permit, of grading permit, or tree removal permit shall be issued
until it is determined that the proposed activity is in conformance with the provisions of this
article.
(Ord. No. 2008-5, 4-21-08)
Sec. 106-28. - Exemptions.
(a) The following shall be exempt from the provisions of this article:
(1) The removal of trees less than 24 inches in diameter breast height from single-family
or duplex lots. Single family or duplex lots where a development permit has been
issued for an accessory structure or building addition. Residential lots where a
development permit has been issued for a new single-family home shall not be
exempt from the provisions of this ordinance.
(2) The removal of trees from horticultural properties such as farms, nurseries or
orchards. This exception shall not be interpreted to include timber harvesting
incidental to development of the land.
(3) The necessary removal of trees by a utility company within dedicated utility
easements.
(4) The removal of trees on public rights -of -way conducted by, on behalf of, or for any
activity to be dedicated to a federal, state, county, municipal or other government
agency in pursuit of its lawful activities or functions in the construction or
improvement of public rights -of -way
Ordinance 2019-19
Vegetation, Tree Conservation and Replacement
(5) The removal of trees, other than specimen trees, from detention ponds and drainage
easements and other publicly dedicated easements.
(6) The removal of any tree which has become or threatens to become a danger to
human life or property.
(7) The removal of trees from public recreation areas such as playgrounds, ball fields,
golf courses and other such uses.
(b) Notwithstanding the foregoing, all reasonable efforts shall be made to save specimen
trees.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2003-35, 11-17-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-29. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Arborist means the Community Development Director or his/her designee responsible for
administering the provisions of this article.
Boundary tree means a tree that meets the specimen tree requirements as defined in Sec.
106.30 and is located on a property adjacent to a permitting property whose critical root zone or
canopy extends more than ten percent into the permitting property. Buffer means a landscaped
open space area'and/or screen for buffering incompatible uses, as defined in section 503 of the
Zoning Ordinance.
Buildable area means the portion of a lot which is not located within any minimum required
yard, landscape easement/area or buffer; that portion of a lot wherein a building or structure
may be located.
Caliper means a forest standard of tree trunk measurement for replacement trees. Caliper
of the trunk shall be taken at six inches above the ground for trees up to and including four -inch
caliper size, and 12 inches above the ground for trees larger than four -inch caliper.
Community forest means a collection of all publicly and privately -owned trees located on all
rights -of -way, open green spaces, undeveloped forests, parks, and residential and commercial
lands which function as a system to provide a wide range of economic and environmental
benefits to all the members of the community.
Conifer tree means any coniferous (cone bearing) tree, such as pine, fir, hemlock, cedar,
etc. This definition is based on the colloquialism and does not necessarily reflect any true
qualities of the tree.
Critical root zone (CRZ) means the minimum area beneath a tree which must be left
undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of
survival. The CRZ will typically be represented by a concentric circle centering on the tree's
trunk with a radius equal in feet to the number of inches of the trunk diameter (dbh). Example:
The CRZ radius of a 20-inch diameter tree is twenty (20) feet.
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Dead tree means any tree which is no longer alive or has the ability to sustain itself through
natural processes as determined by a Qualified Professional.
Development activity means any alteration of the natural environment which requires the
approval of a development or site plan and issuance of a land development permit.
Development activity shall also include the "thinning" or removal of trees the removal or
destruction of trees incidental to the development of land or to the marketing of land for
development, and the removal or destruction of trees in conjunction with any grading activity,
including the removal or filling (stockpiling) of soil. Nothing in this definition shall be deemed to
require or authorize the issuance of a permit for any activity described herein.
Development permit means an official authorization issued by the Community Development
Director or his/her designee.
Diameter Breast Height (DBH) means the standard measure of tree size for those trees
existing on a site. The tree trunk is measured at a height of 4Y2 feet above the ground. If a tree
splits into multiple trunks below 4Y2 feet, the trunk is measured at its most narrow point beneath
the split. An alternative calculation can be used for multiple trunks by using a multi -trunk
calculation established by the ASCA Plant Appraisal Guide.
Hardwood tree means any leaf bearing (not needle -bearing) tree that is not coniferous
(cone bearing). This definition is based on the colloquialism and does not reflect any true
qualities of the tree.
Hazard tree means a tree which has a major structural defect or damage that could lead to
catastrophic loss of the tree or a portion of the tree and which has an identifiable target and may
result in property damage or personal injury. Hazard trees are standing trees, either live or
dead, that have defects in the roots, trunk, or limbs, which predispose them to mechanical
failure in whole, or in part.
International Society of Arboriculture (ISA) means a worldwide professional organization
dedicated to fostering a greater appreciation for trees and to promoting research, technology
and the professional practice of arboriculture. This organization administers certification
programs of arborists, tree workers, utility arborists, and municipal arborists.
Landscape easement means a portion of a lot required to be reserved for, installed with,
and maintained with vegetation. Such easement may or may not be required to be of a linear
form. No utilities or parking shall be allowed within a required landscape easement.
Mulch means an organic material spread around the base of a tree to enrich and insulate
the soil. Types of mulch include Pine Straw, Shredded Hardwood, Wood Chips, and Bark Chips.
Mulch should be free of disease and pests. Synthetic or artificial mulches are not acceptable for
use in the City of Smyrna.
Overstory trees means those trees that compose the top layer or canopy of vegetation and
will provide canopy coverage of greater than or equal to 900 square feet of ground surface area.
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Plantable area means the pervious surface area available for the preservation or planting of
trees. Plantable area shall not include that portion of the lot that is covered by buildings and
structures permitted pursuant to the maximum lot coverage standards of this Ordinance.
Pruning (Tree pruning) means to cut away dead, overgrown, or undesirable branches or
stems. Trees shall be pruned in compliance with standard arboricultural practices as outlined in
the Technical Standards.
Public tree means a tree located on City property including, but not limited to, City street
rights -of -way, buildings, parks and cemeteries.
Qualified Professional means an International Society of Arboriculture
(ISA) Certified Arborist, an American Society of Consulting Arborists (ASCA) Registered
Consulting Arborist, or a Registered Forester.
Reasonable effort means including but not be limited to, alteration of building design,
alternate location of building, parking area, water retention, drainage pipes, or relocation of
utilities in an effort to conserve specimen trees.
Recompense means the replacement of trees or payment into the City -held tree bank for
the removal of Specimen Trees or to meet minimum tree density requirements.
Replacement planting means the replacement of trees and landscape materials into the
required landscape areas, as determined by the Zoning Ordinance, conditions of zoning
approval, or the provisions of this article.
Responsible party means any individual, firm, principal, or other entity who is a signatory to
a tree removal permit application or a land disturbance permit for development activity or any
person or company caught in the act of tree removal without a City -issued permit, or who
violates any other provision of this Ordinance.
Root plate means the area of the root zone comprised of pedestal roots, the zone of rapid
taper and roots under compression, and 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 tree's trunk with a radius equal in feet to Y2 times the number
of inches of the trunk diameter. Catastrophic failure of the tree could result if roots in this area
are damaged of destroyed. Example: The root plate radius of a 20-inch diameter tree is ten feet.
Specimen tree or stand of trees means any tree or collective group of trees which qualifies
for special consideration for preservation due to size, type condition,
See section 106-30 for general criteria regarding specimen trees or stands of trees.
Street/Streetscape tree means any overstory tree located or proposed to be located along a
public right-of-way or private street. The actual location will be determined by the specific zoning
district or overlay. In situations where there is limited planting space in the right-of-way and/or
safety concerns, street trees may be located at the back of the sidewalk or within the landscape
easement on private property at the discretion of the Community Development Director. An
understory tree may be planted as a street tree with the presence of overhead utilities by
approval of the Community Development Director.
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Technical Standards means the Technical Standards and Best Management Practices for
Smyrna's Community Forest prepared in conjunction with this Ordinance and which, as they
exist and may be amended from time to time shall be incorporated herein, and a copy of which
shall be maintained in the office of the City Clerk of the City of Smyrna, Georgia. If any term of
the Technical Standards is deemed to conflict with the terms of this Ordinance, the terms of this
Ordinance shall be controlling.
Tree means any living,. self-supporting, woody or fibrous plant which normally obtains a
diameter breast height of at least three inches, and typically has one main stem or trunk and
many branches.
Tree bank means an account, maintained by the Finance Department of the City of
Smyrna, of funds contributed from developers as a form of alternative compliance to the Smyrna
Tree Ordinance. Funds from the tree bank are to be used solely for maintenance, education and
the purchase and planting of trees on public sites within the City as authorized by the
Community Development Director.
Tree care prescription means a plan developed by a Qualified Professional to provide
impacted tree(s) during the development process the best possible chance of survival and
should conform to the requirements of the Technical Standards.
Tree density factor means a unit of measurement used to prescribe the calculated tree
coverage on a site, expressed as inches per acre. For existing trees, density is calculated based
on dbh. For planted trees, tree density is calculated based on the caliper inches of the planted
tree. Site density factor for areas within the corporate limits of the City of Smyrna is 100 inches
per acre.
Tree removal means any act which causes a tree to die, including but not limited to damage
inflicted upon the root system or trunk as a result of:
(a) The improper use of machinery on the trees;
(b) The storage of materials in or around the trees;
(c) Soil compaction;
(d) Altering the natural grade to expose the roots or to cover the tree's root system with
more than four inches of soil;
(e) Causing the infection or infestation of the tree by pests, fungus or harmful bacteria;
(f) Pruning judged to be excessive by the Community Development Director or not in
accordance with the standards set forth by the International Society of Arboriculture
(ISA) Best Management Practices and Technical Standards;
(g) Paving with concrete, asphalt or other impervious surfaces within such proximity as to
be harmful to the tree or its root system;
(h) Application of herbicides or defoliants to any tree without first obtaining a permit; and
(i) Pruning of roots within the structural root plate of a tree.
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Tree planting list means a list of preferred tree species for use in the City of Smyrna.
Species not included on this list may be approved at the discretion of the Community
Development Director. The tree planting list is included in the Technical Standards.
Tree protection area means all lands that fall outside the buildable area of a parcel required
to remain in open space, or all areas required as landscaping strips or buffers according to the
Zoning Ordinance, conditions of zoning approval or provisions of this article. These areas are
designated for the purpose of meeting tree density requirements, saving natural trees, and/or
preserving natural buffers that shall remain in a previous state.
Tree removal permit means a formal letter or permit issued by the Community Development
Director allowing for the removal of said tree(s) on a property.
Tree save area means an area designated for the purpose of meeting tree density
requirements, saving existing trees, preserving the root system of existing trees and/or
preserving existing buffers that shall remain undisturbed.
Undesirable and invasive tree species list means a list of tree species that shall be
prohibited when complying with the shading and landscaping provisions of this article. See the
Technical Standards of the Smyrna Tree Ordinance for this list.
Understory tree means those trees that grow beneath the overstory trees, and will, provide
canopy coverage of less than 900 square feet of ground surface area.
All other words or phrases as appropriate to the context of their uses shall be interpreted as
defined in the Zoning Ordinance of the City of Smyrna, Georgia.
(Ord. No. 2008-5, 4-21-08)
Sec. 106-30. - General criteria for the determination of specimen trees or stands of trees.
(a) Specimen tree:
(1) Any tree which equals or exceeds the following diameter sizes:
a. 10-inch dbh — Small trees or other ecologically similar trees of the following
Genus: Cherry, Dogwood, Fringe, Magnolia other than Southern Magnolia,
Ornamental Maple, Persimmon, Redbud and Sourwood;
b. 20-inch dbh — Coniferous trees or other ecologically similar trees of the following
Genus: Aborvitae, Baldcypress, Cedar, China Fir, Eastern Hemlock and Eastern
Red Cedar;
c. 24-inch dbh — Overstory trees or other ecologically similar trees of the following
Genus: Ash, Beech, Birch, Blackgum, Elm, Gingko, Hickory, Oak, Pecan, Poplar,
Red and Sugar Maple, Southern Magnolia, Spruce and Sweetgum;
d. 36-inch dbh — Overstory trees or other ecologically similar trees of the following
Genus: Pine;
(2) Any tree determined to be hazardous, dead, dying, or diseased according to ISA
Standards shall not be considered a specimen tree.
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(3) A lesser sized tree can be considered a specimen tree if it is a rare or unusual
species, eF of exceptional or unique quality, or of historical significance. Requires
approval from the Community Development Director.
(4) A lesser size tree can be considered a specimen tree if it is specifically used by a
builder, developer, or design professional as a prominent feature in a landscape
project. Requires approval from the Community Development Director.
(b) Specimen tree stands: A contiguous grouping of four or more trees which has been
determined to be of high value in the opinion of the Community Development Director.
Determination is based upon the following criteria:
(1) A relatively mature, even -aged stand;
(2) A stand with uniform species composition or of a rare or unusual nature; or
(3) A stand of historical significance. Requires approval from the Community Development
Director.
(c) All surveyed trees will be inspected by a Qualified Professional and those that qualify as
Specimen Trees or Specimen Tree Stands will be noted, located on the Tree Survey and
the Tree Protection Plan, and certified in writing as being of specimen quality prior to the
issuance of any permit.
(d) Existing specimen trees may count toward the minimum tree density requirements if no
disturbance occurs within the specimen tree's root plate. A developer may encroach into
the critical root zone of a specimen tree and have it count towards the minimum tree density
requirements at the discretion of the Community Development Director. The developer
must provide the following information to the Department of Community Development prior
to seeking approval to encroach into the critical root zone:
(1) A tree protection plan showing the type of encroachment, the amount of critical root
zone disturbance and any other potential impacts;
(2). A letter from a Qualified Professional reporting on the current health and structure
of the tree; and
(3) A pre -paid tree prescription plan developed by a Qualified Professional shall be
provided by the developer in order to remedy the encroachment into the critical
root zone of the tree. This plan may include, but not be limited to: root pruning,
canopy pruning, support systems, soil amendments, soil aeration, soil fertility,
insect treatments, disease treatments, monitoring, root irrigation, lightning
protection and vine removal. The tree prescription plan shall be pre -paid in full
prior to the issuance of a development permit. Proof of payment shall be submitted
with the application for a development permit.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2004-24, 6-21-04; Ord. No. 2008-5, 4-21-08)
Sec. 106-31. - Minimum tree density requirements.
(a) A basic condition of The Smyrna Tree Ordinance is that all applicable sites maintain a
minimum tree density of 100 inches per acre. The density requirement must be met
whether or not a site had trees prior to development for the issuance of a development
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(b) permit or any tree removal. The intent and goal of these regulations is to ensure that a
minimum density of trees is maintained on all developed sites and that a significant
amount of tree canopy coverage and pervious soil area is maintained throughout the
City of Smyrna.
Notwithstanding any other provisions of this article, all trees designated for replacement
meeting the definition of specimen trees shall be replaced on an inch -for -inch basis with
a maximum recompense of 50 inches per acre. All trees used to replace specimen trees
shall have a minimum caliper of four inches for overstory trees, and three inches for
understory trees. Any trees planted on site to recompense specimen trees shall not be
counted towards the required tree density for the site. However, any street tree and/or
parking lot tree planted after the minimum density for the site has been satisfied can be
counted to recompense specimen trees.
The density may be achieved by counting existing trees to be conserved, by planting
new trees according to the minimum standards in this article, or by a combination of the
two. All conserved specimen trees on -site will receive density credit of three times the
dbh of the tree. All conserved specimen trees must be protected in accordance to
section 106-40 of the Smyrna Tree Ordinance to receive density credit.
Minimum tree density shall be calculated and established pursuant to the formula and
analysis set forth in the Technical Standards of this chapter. The property owner shall be
subject to the minimum tree density requirement set forth in this section. The property
owner shall base the density calculation on the net site area, excluding the infrastructure
improvements (roads, utility lines, detention ponds, etc.) and buffer zones. In no event
shall a parking lot be considered an infrastructure improvement.
(b) All single-family and/or duplex residential lots shall provide the following at time of certificate
of occupancy: a minimum of 12 inches per lot with a ratio of not less than one overstory tree
per three understory trees.
(c) Trees listed on the Undesirable and Invasive Tree Species List found in the Technical
Standards shall not be used to achieve density, recompense and/or screening
requirements.
In addition, replanting shall be at the ratio of not less than one overstory tree for every three
understory trees. Density credit may be met by planting all overstory trees, but not by
planting only understory trees.
No more than 30 percent of any one genus may be included in any replanting plan.
Exceptions to this requirement may be authorized by the Community Development Director
where in their opinion an exception is justified.
(d) Notwithstanding the foregoing, it is required that all reasonable efforts be made to save
specimen trees. Reasonable efforts shall include, but not be limited to: alteration of building
design alternate location of building, parking area, water retention, drainage pipes, or
relocation of utilities.
(e) Streetscape trees shall be required as part of the streetscape on either side of the front lot
line in accordance with the provisions of this article. The developer must still meet the
streetscape requirements if the minimum density for the site has been met. Streetscape
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tree establishment shall be done in accordance with the Technical Standards of this article.
Tree canopy cover must meet the following minimum requirements:
(1) All developments shall have one overstory tree planted every 40 feet along all
subdivision roads and cul-de-sac, inclusive of driveways and easements
(2) Where overhead utility lines exist, the developer shall plant one understory tree every
30 feet, and
(3) Where feasible, existing healthy trees greater than six inches dbh on the site or lot shall
be incorporated into the required streetscape.
(4) Streetscape trees may be spaced at variable distances to conform to the site standards and
minimum distances set forth in the Technical Standards of the Smyrna Tree Ordinance,
however they must be more or less evenly distributed across the front lot line.
(5) Streetscape trees shall be planted in the right-of-way, as determined by the specific
zoning district or overlay districts. In situations where there is limited planting space in
the right-of-way or for safety concerns, streetscape trees may be located at the back of
the sidewalk or within the landscape easement on private property at the discretion of
the Community Development Director. An understory tree may be planted as a
streetscape tree with the presence of overhead utilities by approval of the Community
Development Director.
(6) Streetscape trees shall not be allowed in traffic vision clearance zones according to
Technical Standards or as designated by the Community Development Director.
(7) Streetscape trees shall be horticulturally appropriate for use in road frontage areas.
Other species may be used as street trees with approval from the Community
Development Director.
(8) Streetscape trees can be counted as part of the required density, but they may be an
additional requirement if the 100 inches per acre is met elsewhere on site. Specimen
tree recompense may be used to fulfill this requirement after the overall density for the
site is satisfied.
(f) Parking lot trees shall be required as part of the commercial developments within the City in
accordance with the provisions of this article. The developer must meet the parking lot
requirements if the minimum tree density for the site has been met. Parking lot tree
establishment shall be done in accordance with the Technical Standards of this article. Tree
canopy cover must meet the following minimum requirements:
(1) A sufficient number of trees must be planted in interior portions of parking lots so that
every parking space must be within 50 feet of the trunk of a tree to assure uniform
distribution of trees throughout the parking area.
(2) Any redevelopment project that results in the removal and replacement of 25 percent or
more of an existing parking lot (other than routine maintenance of the parking surface)
must retrofit the entire parking lot to meet the tree planting standards set forth in this
section.
(3) Light poles are not permitted in parking lot islands, peninsulas and medians unless a
lighting plan is submitted for review and approval by the Community Development
Director.
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(4) All landscape easements between parking lots and public rights -of -ways shall be
planted with one tree for each 40 linear feet exclusive of driveways, access ways and
sight distance triangles.
(5) Trees planted to meet the parking lot and street yard requirements must meet or
exceed the minimum standards specified in the Technical Standards of Smyrna Tree
Ordinance.
(6) Parking lot or landscape easement trees can be counted as part of the required density,
but they may be an additional requirement if the 100 inches per acre is met elsewhere
on site. Specimen tree recompense may be used to fulfill this requirement only after
minimum tree density for the site has been satisfied. A tree may be planted to satisfy
both parking lot and landscape easement requirements.
(g) Boundary trees are offsite trees and shall not be used to achieve density, recompense
and/or screening requirements.
(h) Existing non -specimen trees may not be counted toward the minimum tree density
requirements if land disturbance occurs within the tree's root plate. These trees shall
be considered hazard trees and shall be removed from the site prior to the issuance of
a certificate of occupancy, including the removal of any portion of the tree stump above
the original natural grade or elevation of land.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2004-37, 12-20-04; Ord. No. 2008-5, 4-21-08)
Sec. 106-32. - Alternative compliance to tree density requirements.
(a) The intent of this article is to ensure that a minimum density of trees is maintained on all
developed sites. Occasionally, this intent cannot be met because a site will not bear the
required density of trees. To provide some alternatives in such case, two methods of
compliance, at the discretion of the Community Development Director, may be acceptable:
(1) Planting at a location remote from the project site or
(2) Making donations to the Smyrna Tree Bank.
(b) The following standards have been established for administering these alternative
compliance methods. The Community Development Director must review and approve all
requests for alternative compliance. In no instance shall 100 percent of the required site
density be met through alternative compliance. As many trees as can reasonably be
expected to survive must be planted on the site in question.
(c) No development permit shall be issued until the Community Development Director has
approved the request and received the necessary documentation and/or funds. If trees are
to be planted at another location, a tree replacement plan, meeting all applicable standards,
must be reviewed and approved. The following note must be shown on the approved plan:
"A tree replacement plan addendum for this project shall be submitted to the Community
Development Director at least 30 days prior to requesting a final inspection. This plan shall
include the species, size and location of trees to be planted off -site to meet the tree density
deficit shown. Release of this project is subject to approval of this plan, as well as
verification of the installation of the trees."
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(d) Smyrna Tree Bank. As another method of alternative compliance, the City will accept
donations to the Smyrna Tree Bank. These donations will be used for the sole purpose of
maintenance, education, and planting trees on public property within the City (See section
106-50).
(e) Fund Administration. The Smyrna Tree Bank will be administered by the Community
Development Director. A quarterly report shall be submitted to the City Administrator
showing amounts collected, amounts spent, and the type and location of trees planted.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2004-37, 12-20-04; Ord. No. 2008-5, 4-21-08)
Sec. 106-33. - Application requirements.
When a person applies for a development permit, such person shall provide the following
information:
(1) A complete tree survey and inventory plan, as specified in section 106-34;
(2) A complete tree protection plan, as specified in section 106-36. This plan shall be an
integrated site plan showing specimen trees with their root plates and critical root
zones, boundary trees and trees counting toward density, with their root plates and
critical root zones, the tree protection areas, those trees to be saved and those to be
removed, utilities to be installed, grading, limits of disturbance, erosion control fencing,
the approximate location of all structures, driveways and curb cuts;
(3) A complete tree replacement plan as specified in section 106-37. Replacement trees
used in density calculation must be ecologically compatible with the intended growing
site. A list of +pacceptable replacement trees is provided in the Technical Standards of
the Smyrna Tree Ordinance.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-33.1. - Grading for future site development requirements.
Land disturbance and demolition activities for future site development shall not be permitted
unless accompanied by site development plans and all requirements of the Smyrna Tree
Ordinance are met. Activities associated with future development shall include (but not be
limited to): tree cutting, land clearing, grading and/or grubbing.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-34. -Tree survey plan and inventory.
(a) The tree survey plan shall be in the form of a to -scale map or a site plan prepared and
sealed by a Georgia Registered Surveyor or a Georgia Registered Landscape Architect
noting the location of all specimen trees, boundary trees and all other trees which will be
conserved and counted toward meeting site density requirements.
(b) All specimen trees and boundary trees with their root plate and critical root zones are to be
field tagged with aluminum tags and verified by a Qualified Professional and must be shown
on the survey and inventoried by size and species. This includes those specimen trees that
are to be conserved as well as those proposed for removal. Specimen -sized trees must be
assessed by a Qualified Professional for specimen condition. A copy of the arborist's report
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detailing the specimen condition of each specimen -sized tree must be included on the plan;
letter -sized reports stapled to the plan will not be accepted.
(c) All other trees that are to be counted toward meeting density requirements must be shown
on the survey and inventoried by size and species. Only trees with a dbh measurement of
six inches or greater are to be identified as eligible for density compliance purposes.
(d) All trees six inches or less that are proposed for removal, and thus cannot be counted
toward density requirements, are not required to be counted and shown individually on the
plan.
(e) Sampling methods may be used to determine tree densities for forested areas over five
acres. The minimum sampling area shall be one acre. The sampling method must be
approved by the Community Development Director.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-36. -Tree survey inspection.
. Following the receipt of the completed tree removal application, tree survey plan, tree
protection plan, tree replacement plan, or required tree care prescription, and supporting data,
the Department of Community Development shall schedule and conduct an inspection of the
proposed development site within ten business days. Upon request, the applicant or his
designee may be given an opportunity to participate in the site inspection. Following site
inspection, the Community Development Director, consistent with the purposes of this article,
shall advise the applicant of any recommended changes in the applicant's proposed tree
removal, protection or replacement plans.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-36. - Tree protection plan —Documents required.
(a) Before the acceptance of a rezoning application and before the commencement of any
alteration, defoliation or land disturbing activity, including the demolition of structures or the
removal of impervious surfaces which requires the issuance of a development permit or a
demolition permit, a tree protection plan is required unless otherwise exempted under
section 106-28 of this ordinance.
(b) The tree protection plan shall be a detailed plan designed to protect and conserve trees
before, during and for a period of two years after construction or one year after construction
with an automatic irrigation system.
(c) The tree protection plan shall be submitted as a separate drawing from the tree replacement
plan.
(d) The tree protection plan shall be submitted on a current survey of the proposed site, drawn
to scale, and showing clearly all required information as outlined by this section.
(e) The tree protection plan shall be prepared by a Georgia Registered Landscape Architect.
Required specifications for a tree protection plan include, but are not limited to, the
following:
(1) The identity of the tract of land upon which tree(s) sought to be removed are located.
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(2) The name, address and phone number of the owner of the land and the name, address
and phone number of any tenant of the property.
(3) The tree protection plan shall provide an accurate list of those trees to be saved and a
total value of the existing density factor for the entire property.
(4) The type, location and size as measured at the diameter breast height of the tree(s)
constituting those to be protected. Only trees six inches dbh or larger designated on
the tree protection plan will be counted toward density requirements.
(5) Locations of all specimen trees and boundary trees with their root plates and critical
root zones (CRZ's). Indicate those specimen trees proposed for removal or for
conservation. Removal of specimen trees is subject to approval by the Community
Development Director. Any specimen tree proposed for removal is to be identified in
terms of exact location, size, species and condition.
(6) The locations of all tree protection zones, natural areas, landscaped areas, buffers and
areas of revegetation. Include detailed locations and specifications for active protection
measures. Methods of tree protection shall be indicated for all tree protection zones,
including tree fencing, erosion control, retaining walls, tunneling for utilities, aeration
systems, transplanting, staking, signage, etc-i
(7) Limits of clearing and land disturbance such as grading, trenching, etc. where these
disturbances may affect tree protection zones.
(8) The locations of all existing and proposed utility lines or easements. Include the location
for any boring sites for underground utilities (9) Indication of staging areas for parking,
material storage, concrete washout, debris burn and burial holes and other areas
where tree protection may be affected.
(10) A delineation of tree save areas in which trees have been inventoried for density
calculations. A radius line from the saved tree to the tree protection fence shall indicate
a length in feet to aid in accurate tree fence locations. (11) Calculations showing
compliance with the required site density factor using existing trees, replacement trees,
and/or alternative compliance methods. Site density compliance shall be demonstrated
on the tree protection and tree replacement plans. Existing trees or stands of trees
used in the density calculation must be indicated on the drawing. Only existing trees
with a dbh of six inches or greater shall be counted toward the minimum tree density
requirements. Tree protection plans submitted prior to rezoning applications shall
indicate thereon how the minimum site density factor shall be maintained.
(12) All tree care prescriptions shall be provided on the tree protection plan.
(13)All trees outside tree protection areas and zones shall be shown to be removed
(14) Site area (roads, utility lines, detention ponds, etc.
(15) The locations of existing and proposed structures, paving, driveways, cut and fill areas,
detention areas, etc.
(16) Phase lines or limits of construction
(17) Location and details for all permanent tree protection measures (tree wells, aeration
systems, permeable paving, retaining walls, bollards, etc. and
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(18) Additional information as required on a case -by -case basis or as requested by the
Community Development Director.
a. Prior to approval of the tree protection plan, the Community Development Director
may require relocation or replacement of trees as uniformly as possible throughout
the site, so that the entire property site meets the density requirements as outlined
in section 106-31.
b. Prior to approval of the tree protection plan, the Community Development Director
may require the use of active tree protection fencing for any or all tree protection
zones.
(19) The following notes shall be indicated on both tree protection plans and grading plans
in capital letters:
"Contact the Community Development Department (770-319-5387) to arrange a
preconstruction conference prior to any land disturbance. No permit shall be issued
until plans are approved and an on -site inspection with City representatives occurs."
"All tree protection measures shall be installed prior to grading or the removal of
impervious surfaces or structures."
"Buffers shall be replanted subject to Community Development Department approval."
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-37. - Tree replacement plan —Standards and revegetation.
(a) A separate tree replacement plan in the form of a to -scale plan prepared and sealed by a
Georgia Registered Landscape Architect which indicates the location of all proposed trees
for revegetation is required. This required plan shall be submitted as a separate drawing.
(b) The tree replacement plan is to include planting schedules with proposed tree names
(botanical and common), quantity, size, minimum on -center spacing, percent genus and
any special planting notes.
(c) Unless otherwise approved by the Community Development Director, trees selected for
replanting must not be on the Undesirable and Invasive Tree Species List found in the
Technical Standards of the Smyrna Tree Ordinance. Trees selected for replanting must be
free from injury, pests, disease, nutritional disorders or root defects, aAd must be in good
vigor, must have radially symmetrical branching with a dominant leader, and must have no
less than four feet between planted grade and lowest branch on the trunk for a two inch
caliper tree in order to assure a reasonable expectation of survivability. Standards for
transplanting shall be in keeping with those established in the International Society of
Arboriculture Publication Best Management Practices and Technical Standards
(d) It is desirable that replanted trees be ecologically compatible with the site and neighboring
sites. Accordingly, the replanted trees shall be of the same or similar species as those
removed when practical.
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(e) All replanted overstory trees shall have a trunk of not less than four caliper inches. All
replaced understory trees shall have a trunk of not less than three inches. All planting area
must have a minimum width of eight feet to provide adequate growing area. In order to
provide sufficient growing area for planted trees, the following minimum criteria must be
observed unless otherwise approved by the Community Development Director:
Overstory trees — 400 square feet of pervious root zone.
Understory trees — 200 square feet of pervious root zone.
(f) Planting and staking details are to be provided on the plan.
(g) Trees must be relocated or replaced on site in accordance with the provisions of this article.
(h) All existing trees and planted trees must maintain a minimum spacing between trees. There
must be a minimum spacing of 25 feet between overstory trees and any other tree. There
must be a minimum spacing of 15 feet between understory trees. There must be a
minimum spacing of ten feet between evergreen screening trees. These spacing
requirements may be adjusted upon approval from the Community Development Director.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-38. - Permit procedures.
(a) Prior to the issuance of a development permit, a tree survey plan, a tree protection plan and
tree replacement plan must be submitted to the Community Development Department for
review and approval.
(b) All tree protection and tree replacement plans and related documentation shall be reviewed
by the Community Development Department for conformance to the provisions of this
article and either approved or denied. If denied, the reasons for denial shall be annotated
on the tree protection plan or otherwise stated in writing.
(c) After the tree protection plan is approved, the Community Development Department will be
charged with the responsibility of inspecting the site to ensure that trees are adequately
protected during any grading of the property for infrastructure installation. To adequately
protect the site, tree save areas shall be delineated in the field with tree protection fencing.
(d) All tree protection measures shall be installed prior to any development activity, including
the installation of erosion control devices, removal of structures or impervious surfaces, and
the Community Development Director shall be contacted for a pre -construction conference
prior to land disturbance. Land disturbance may proceed only after a permit is obtained and
tree protection measures have been inspected and approved by the City.
(e) After completion of a development, the Community Development Director (or his/her
designee) will conduct an inspection of the site to ensure compliance with the tree
protection and/or replacement plans.
(f) The Community Development Department may make unscheduled inspections before and
during development to ensure protection of existing and newly planted trees, critical root
zones and buffer zones.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
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Sec. 106-39. - Removal of trees —Conditions and exceptions.
(a) Tree removal shall be prohibited in the following circumstances:
(1) Soil erosion or runoff problems will result due to topography, soil type, or proximity to
flood plain or river protection areas, and the removal will substantially alter the existing
soils adversely with regard to runoff and erosion. Information submitted by the City
Engineer or other environmental specialist may be used by the Community
Development Director in their evaluation.
(2) Specimen trees that are located on site and are not adequately protected or replaced.
Additionally, removal may be prohibited if alternative site designs can be utilized to
save specimen trees (without decreasing building area) and have not been made.
(b) Exceptions. Tree removal from a site may be permitted if:
(1) The tree is located in an area where a structure or improvement will be placed and the
tree cannot be relocated on the site because of age, type or size of tree-.,
(2) The tree is designated as a hazardous tree;
(3 The tree is causing or posing identifiable damage to public or private property,
(4) The tree interferes with existing utility service; and
(5) The tree creates an unsafe vision clearance for vehicular movement.
(c) Any tree(s) removed must be relocated or replaced on site in accordance with the provisions
of this article.
(d) A permit is required to remove any living tree with a dbh of 24 inches or greater on property
with no development activity.
1. Replacement is required either with a minimum two-inch caliper tree of comparable
species or genus or by paying recompense in the amount of $400.00 to the tree
bank.
2. Replacement tree must be planted within 60 days of removal, unless otherwise
approved by the Community Development Director.
3. Removal without a permit requires double the recompense by either planting two
two-inch trees or paying $800.00 into the tree bank.
(e) Debris removed. All debris from trees cut or substantially damaged, dead, dying, diseased,
or hazardous trees, shall be removed from the site.
(f) It is required that all reasonable efforts (see definition) be made to save specimen trees.
(Ord. No. 2003-8,.1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-40. - Tree protection during construction.
(a) No person in the construction of any structure(s) or improvement(s) or any activity shall
encroach or place solvents, material, construction machinery or temporary soil deposits
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Vegetation, Tree Conservation and Replacement
within six feet of the area outside the critical root zone, as defined herein, of any specimen
tree or any tree within a tree protection zone.
(b) Before development, land clearing, filling or any land alteration; jincluding removal of
impervious surfaces or structured, the developer shall be required to erect and maintain
suitable protective barriers as required by the Community Development Department,
including tree fences, tree protection signs, and erosion barriers until completion of site
landscaping. Inspection of tree protection barriers is required prior to any land disturbance
or development activity. The Community Development Department shall be contacted to
schedule an inspection time. Materials for active tree protection shall consist of chain link,
orange laminated plastic, wooden post and rail fencing or other equivalent restraining
material. Authorization to remove the protective devices shall be in writing by the
Community Development Director or by the issuance of a final certificate of occupancy.
(1) All specimen trees to be conserved on -site and receiving a density credit of three times
the dbh toward the minimum required tree density will be required to provide the
following tree protection measures during construction:
a. A six-foot chain link fence around the critical root zone with the support posts for
the fencing spaced six feet on center.
b. Two to three inches of organic mulch over the critical root zone within the tree
protection zone. The mulch is to be spread by hand within the critical root zone. No
machinery is allowed within the critical root zone of the specimen tree;
c. Supplemental irrigation in accordance with the Technical Standards. There shall be
no underground irrigation system installed within the tree protection zone and
d. Signage must be placed every 50 feet on the tree protection fencing that reads,
"Tree Save Area: Do Not Enter" in both English and Spanish.
(2) All boundary trees will be required to provide the following items prior to the issuance of
a development permit:
a. Prior to the issuance of a development permit pursuant to this section, the
applicant shall provide a tree bond, letter of credit or other forms of surety
approved by the City in an amount to be sufficient to offset the removal cost of the
tree and the inch per inch replacement cost of the tree. The developer shall
establish a two-year tree bond or letter of credit, which shall be automatically
renewed for a period of five years
b. In establishing the bond or letter of credit amount required pursuant to section (a)
above, the proposed replacement trees upon which payment shall be computed
shall be a comparable species and size potential to the boundary tree, shall be
ecologically compatible with the intended growing site, and at maturity shall fully
mitigate the loss of the entire canopy area of the boundary tree;
i. If all the replacement trees cannot be planted on -site, the developer shall pay
the remaining balance to the Smyrna Tree Bank.
c. The developer or project landscape architect shall also submit a photographic
record and an assessment completed by a Qualified Professional of the boundary
tree to the Community Development Department prior to the issuance of a
development permit. This documentation will serve as a baseline for the
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Vegetation, Tree Conservation and Replacement
determination as to whether the boundary tree has failed to survive or is in a state
of irreversible decline due to the permitted activity;
d. Prior to the issuance of a development permit, the developer will be required to
provide the tree protection measures required for specimen trees in section 106-
40(b)(1) during construction. These tree protection measures shall only be limited
to the property to which the development permit was issued; and
e. Notice shall be provided to the property owner whose property contains the
boundary tree. The notice shall include notice of the bond or letter of credit and a
copy of the boundary tree provisions of this ordinance.
f. At any time prior to a determination authorizing the release of the bond or letter of
credit to the applicant pursuant to subsection (g) below, if the property owner
whose property contains the boundary tree ("Petitioner") contends that the
permitted activity has caused the boundary tree to fail to survive or be in a state of
irreversible decline, the petitioner may petition the Community Development
Director for the bond or letter of credit to be utilized for the removal and
replacement of the boundary tree. Upon receipt of such petition, notice of the
petition shall be provided to the applicant hereunder at the address provided at the
time of the development permit application, or at any alternative address
subsequently designated by the applicant to the Community Development Director
in writing, via first class and certified mail. Within 30 days of mailing of the notice,
the Community Development Director shall make a determination as to whether
the boundary tree has failed to survive or is in a state of irreversible decline due to
the permitted activity. Notice of the decision shall be provided to the petitioner and
the applicant by certified and first-class mail as set forth above. Either party may
appeal the Community Development Director's determination pursuant to section
106-44 of this article. Should the Community Development Director determine that
the boundary tree failed to survive or is in a state of irreversible decline due to the
permitted activity, and no appeal has been filed in a timely manner, or the
applicant has fully exhausted his or her appellate rights, the bond or letter of credit
shall be released to the petitioner to offset any costs incurred in removal and
replacement of the boundary tree. The petitioner's rights pursuant to this section
may not be exercised more than one time in any 18-month period.
g. After five years from the date of the establishment of the bond or letter of credit,
unless otherwise disbursed pursuant to section (f) above, the applicant shall have
the right to petition the Community Development Director for the release of all
bonds or letter of credit held by the Community Development Department for the
boundary tree. Should an applicant file a petition here under, notice of the
applicant's petition shall be provided to the property owner whose property
contains the boundary tree by first class and certified mail at the address of the
property containing the boundary tree, and at the address set forth in the tax digest
regarding the property. Within 30 days of mailing of the notice, the Community
Development Director shall make a determination as to whether the boundary tree
has failed to survive or is in a state of irreversible decline due to the permitted
activity. Notice of the decision shall be provided to the applicant and the property
owner by certified and first-class mail as set forth above. Either party may appeal
the Community Development Director's determination pursuant to section 106-44
of this article. Should the Community Development Director determine that the
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Vegetation, Tree Conservation and Replacement
boundary tree has not failed to survive or is not in a state of irreversible decline
due to the permitted activity, and no appeal has been timely filed, or the property
owner has fully exhausted his or her appellate rights, the bond or letter of credit
shall be released to the applicant.
(c) In addition to fencing Jwhere active tree protection is required, each tree to be saved shall
be marked at the diameter breast height (dbh) with surveyor's flagging ribbon with a
permanent marker indicating the size and species of tree, or number of the tree which is
cross-referenced by tree size and species on a chart on the tree survey plan. The flagging
ribbon shall encompass the tree; slashing the tree bark and wedging the flagging ribbon
into the bark damages the tree and is not acceptable and will incur a penalty as described
herein.
(d) All tree protection devices must remain in functioning condition until the certificate of
occupancy is issued. Maintenance of tree protection devices are the responsibility of the
developer or property owner.
(e) All required tree care prescriptions issued by the Qualified Professional shall be
implemented during development activity.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2004-37, 12-20-04; Ord. No. 2008-5, 4-12-08)
Sec. 106-40.1. - Protection and care for public trees.
(a) The City shall have the right to plant, maintain, prune, and remove trees, shrubs, and plants
within the rights -of -way of all City streets, roads, highways, +a parks, around City facilities,
and on other City grounds, as may be necessary or desirable to ensure public safety, to
preserve tree health, and to maintain and increase tree canopy cover.
(b) All trees growing on City property shall be protected from damage to the crown, trunk, and
roots. It shall be unlawful for any person to engage in any activity on private property that
directly or indirectly adversely affects the health, safety, or condition of a tree on City
property. Furthermore, active tree protection measures, as described in this chapter, shall
be undertaken by the person engaging in any such activity to protect each affected tree's
roots, trunk, crown, and critical root zone, from damage. If a person damages, destroys, or
fails to protect a City tree, the person(s) responsible for the damage may be subject to the
penalty established in section 106-49, the cost of repairing the damage, replacing the tree,
and/or the cost of restoring the site to its original condition or as near as possible to its
original condition.
(c) The City may prune, remove or cause to be pruned or removed, any City tree or part
thereof which is in an unsafe condition or which by reason of its location or condition is or
may be injurious to sewers, water lines, electric power lines, gas lines, or other public
improvements, or is infested with any injurious fungus, insect, or other pest.
(Ord. No. 2003-35, 11-17-03; Ord. No. 2008-5, 4-21-08)
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Vegetation, Tree Conservation and Replacement
Sec. 106-41. - Tree damage.
Any tree designated in the plan to be saved which is damaged during construction or as a
result of construction as determined by the Community Development Director, shall be treated
according to the Technical Standards, or replaced with a six-inch caliper tree. If the Community
Development Director deems the damaged tree to be a hazardous tree, he or she shall require
removal of the tree. In the event that a damaged tree must be removed, the location occupied
by the tree's critical root zone must remain in a previous state with no structures or buildings
placed in this area and violations shall be subject to the applicable penalties as described
herein.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-42. - Emergencies.
In case of emergencies, such as hurricane, tornado, windstorm, flood, freeze, earthquake
or other disasters, the requirements of these regulations may be waived by the Community
Development Director or other designated official, upon a finding that such waiver is necessary
so that public or private work to restore order in the City will not be impeded.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-43. - Variances and waivers of article requirements.
The Mayor and Council may, upon appropriate application in writing, vary or waive the
terms and provisions of this article due to a hardship in the use of the land upon which a tree is
located. A hardship shall be limited to factors associated with the topography of the land,
size/configuration of the parcel or uniqueness of the development plan (including buildings).
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-44. -Appeal.
Any person adversely affected by a decision of the Community Development Director in the
enforcement or interpretation of any of the terms or provisions of this article may appeal such
decision to the Mayor and Council. Such appeal shall be taken by filing written notice thereof
with the Community Development Department within ten days after the decision of the
Community Development Director or their designee.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
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Vegetation, Tree Conservation and Replacement
Sec. 106-45. -Withholding of certificate of occupancy.
The Community Development Director may withhold the issuance of the required certificate
of occupancy, of permits and or inspections, for any development as required until the
provisions of this article have been fully met.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-46. -Tree removal and construction companies.
All provisions of this article shall apply to any person removing trees on behalf of any other
person, including all tree removal companies, utility companies or construction companies. It
shall be unlawful for any person or company to remove or cause to be removed any tree or
undertake any work for which a development permit is required pursuant to this article, unless a
valid permit thereof is in effect and is displayed in accordance with the provisions of section
106-47. If any such work or removal is performed without the permit being displayed as required
in section 106-47, such removal or work shall constitute a violation of this article and shall
subject the person or company violating this article to all penalties provided herein. However,
utility companies may provide emergency work without formal approval; provided, however, that
emergency actions are reported in writing to the Community Development Director within three
working days after completion of all emergency services. Further, the permit taken by any
person, company or utility under this section may include defined areas of tree cutting and
trimming under one permit.
All tree removal companies, utility companies or construction companies shall remove from
the site any trees, stumps, limbs or debris caused by activities allowed by the issuance of a
permit under this article.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-47. - Display of permit and inspections.
The applicant shall prominently display the permit issued on -site. Such permit shall be
displayed continuously while trees are being removed or replaced or work done as authorized
on the permit. As a condition for the issuance of a permit, the applicant shall agree in writing to
entry onto his/her premises by representatives of the City as designated by the Community
Development Director to inspect the permit and activities at any time, and such entry shall be
lawful. Failure to allow such entry shall be unlawful and shall constitute failure to display the
permit as required under this section.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
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Vegetation, Tree Conservation and Replacement
Sec. 106-48. - Fees.
Each applicant requesting a permit under the provisions of the Smyrna Tree Ordinance
shall deposit a nonrefundable fee, as referred to in the Smyrna fee schedule.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-49. - Penalty.
(a) Whenever in this ordinance any act is prohibited or is made or declared to be
unlawful or a misdemeanor or an offense, or whenever in such ordinance the
doing of any act is required or the failure to do any act is declared to be unlawful,
such violation of any such provision of this ordinance shall be punishable by a fine
not exceeding $1,000.00; by sentence of imprisonment in the city jail not
exceeding six months; probation, with or without conditions, not exceeding six
months; community service not exceeding 30 days or by one or more of these
punishments as the judge may in his discretion see fit to impose.
(b) Any violation of this ordinance shall continue shall constitute a separate offense.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-50. - Tree bank.
The tree bank for alternative compliance shall be set in the amount described in the
Technical Standards of the Smyrna Tree Ordinance for each caliper inch, that the property is
deficient. This alternative compliance method may only be used when the Community
Development Department determines that a property has a justifiable hardship in meeting the
density requirements set forth herein.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-51. - Tree maintenance.
Any tree designated for preservation or added to a site as a result of a tree replacement
plan shall be maintained properly for a period of two years from the issuance of certificate of
occupancy_ Any tree not properly maintained during this two-year period shall be replaced. This
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Ordinance 2019-19
Vegetation, Tree Conservation and Replacement
maintenance period can be reduced to one year if an irrigation system is installed to cover all
planted trees per an irrigation plan approved by the City. If any tree, shrub or plant installed for
the purposes of meeting the City's Code requirements is removed after installation, it must be
replaced on an inch per inch basis with the same species of tree, shrub or plant. This can be
accomplished using more than one tree provided the total caliper equals the size of tree
removed.
A tree bond with a value equivalent to the restoration cost associated with all replaced trees
shall be furnished to the City. This bond may be released by the City within two years after the
final certificate of occupancy is issued for the development (one year for developments with
irrigation systems) provided the trees are certified to be in good condition by the Community
Development Director or their designee.
A two-year tree maintenance bond shall also be required for any work within public rights -
of -way or utility easements. This bond shall be equivalent to the restoration cost associated with
all existing trees and shall be furnished to the City. This bond may be released by the City within
two years after the work is completed provided trees are certified to be in good condition by the
Community Development Director or their designee.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2003-35, 11-17-03; Ord. No. 2008-5, 4-21-08)
Sec. 106-52. - Tree board.
(a) The Smyrna Tree Board (hereinafter referred to as the "board") is hereby established to
advise the Mayor and Council on matters pertaining to the conservation of trees and the
conservation of tree canopy cover within the City and to take instruction from the Mayor and
Council regarding such issues;
(b) The board shall consist of eight members who shall be appointed by the Mayor and Council.
They shall serve without compensation.
(c) A chairman and vice-chairman shall be elected by the board from among the board
members. Nominations for these positions shall be submitted to the board annually at least
ten working days and not more than 30 working days prior to the first meeting of each
calendar year. Elections shall be held at the first meeting of each calendar year, at which
time the term of office shall begin;
(d) A secretary elected by the board from among the board members shall maintain records of
the board's proceedings and assist the City Clerk with dissemination of information, public
awareness, and such other administrative duties as may be assigned by the board;
(e) The term of office for each member of the Smyrna Tree Board shall be four years;
(f) In the event that a vacancy occurs during the term of any member, his or her successor
shall be appointed by the Mayor and Council. The chairman of the Smyrna Tree Board shall
recommend to the Mayor and Council that a replacement be appointed for any member
who fails to perform his/her duties;
(g) A majority of the members of the board shall constitute a quorum;
(h) The Smyrna Tree Board shall meet not less frequently than quarterly and shall establish
rules and regulations for its operation consistent with the provisions of this Ordinance.
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Vegetation, Tree Conservation and Replacement
(Ord. No. 2003-35, 11-17-03; Ord. No. 2008-5, 4-21-08)
It is the intention of the Mayor and Council, and it is hereby ordained that the provisions
of this Ordinance shall become and be made a part of the Code of Ordinances, City of Smyrna,
Georgia and the sections of this Ordinance may be renumbered to accomplish such intention.
The above Ordinance was read and approved by the Mayor and Council of the City of
Smyrna, Georgia, on the 16th day of December 2019.
4
A. Max Bacon, Mayor
Attest:
'�!/?/1,r- SCL/
Terri Graham, City Clerk
.7
SEAL = OFFICIAL =
N` SEAL
G'E&
As to form:
i Scott Cochran, City Attorney
25
Ordinance 2019-26
Chapter 66 — Offenses and Miscellaneous Provisions
ORDINANCE 2019-26
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, ADDING SEC 66-17.1
PROHIBITING SMOKING WITHIN THE DOWNTOWN DESIGN DISTRICT AREA
AND PROVIDING FOR ADDITIONAL RELATED MATTERS
BE IT ORDANINED BY THE MAYOR AND COUNCIL OF THE
CITY OF SMYRNA, GEORGIA
WHEREAS, State law provides that the governing authority of each municipal
corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or
regulations relating to its property, affairs, and local government for which no provision has been
made by general law; and
WHEREAS, the Mayor and Council of the City of Smyrna are charged with the
protection of the public health, safety, and welfare; and
WHEREAS, the Mayor and Council now wish to update the City of Smyrna Code of
Ordinances regarding Chapter 66, Offenses and Miscellaneous Provisions, Section 66-17.1 —
Regulation of Smoking.
NOW, THEREFORE, the Mayor and Council of the City of Smyrna, pursuant to their
authority, do hereby adopt the following amendment.
66-17.1 (a) Findings and Purpose.
(1) Numerous studies, including those published by the Surgeon General of the United States
and recent reports of the Environmental Protection Agency, have shown that secondhand
smoke is a cause of disease, including lung cancer, in healthy nonsmokers; a major contributor
to indoor air pollution; and particularly harmful to children, elderly people, and allergic
individuals.
(2) Accordingly, the mayor and council of the City of Smyrna find and declare that the purpose
of this article is to protect the public health and welfare by regulating smoking in certain public
places.
Section 66-17.1 (B) Definitions.
The following words and phrases, whenever used in this article, shall be construed as
defined in this section:
Electronic smoking device means any device that may be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including, but not limited to, an e-
I cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any
component, part, or accessory of the device, and includes any substance intended to be aerosolized
Ordinance 2019-26
Chapter 66 — Offenses and Miscellaneous Provisions
or vaporized during the use of the device, whether or not the substance contains nicotine.
Electronic smoking device does not include drugs, devices, or combination products authorized
for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food,
Drug and Cosmetic Act.
Downtown Design District is the area described as the Downtown Design District in
Appendix E of the Smyrna Code of Ordinances.
Public place means any enclosed area to which the public is invited or in which the public is
permitted including, but not limited to, restaurants, stores, offices. A private residence is not a
public place.
Retail tobacco store means a retail store in which the sale of tobacco products designed for
smoking comprises more than fifty (50) percent of its receipts.
Smoking means inhaling, exhaling, burning, using an electronic or carrying any lighted
cigar, cigarette, pipe, or other smoking equipment in any manner or form.
Tobacco business means a sole proprietorship, corporation, partnership, or other enterprise,
in which the primary activity is the sale, manufacture, or promotion, of tobacco, tobacco
products, accessories, and in which the sale, manufacture, or promotion of other products is
merely incidental.
Section 66-17.1 (C) Regulation of Smoking.
(1) Smoking in Public Places. Except as otherwise provided in this article, smoking or using an
electronic smoking device is prohibited in all public places within the area designated as the
Downtown Design District.
Section 66-17.1(D) - Exceptions.
The regulation of smoking pursuant to this article shall not apply in the following areas:
(1) Private homes, private residences, and private automobiles.
(2) Retail tobacco stores and tobacco businesses.
(3) A designated smoking area in a place of employment
(4) A designated smoking area in a public place.
(5) Banquet or meeting rooms when these rooms are being used for private functions.
(6) Cigar Specialty Shops as defined by Section 6-80 herein.
Section 66-17.1(E) Penalty for Violation of Article.
Ordinance 2019-26
Chapter 66—Offenses and Miscellaneous Provisions
Violations of this ordinance shall be punished in accordance with Section 1-8 of the Smyrna
Code of Ordinances.
It is the intention of the Mayor and Council, and it is hereby ordained that the provisions of
this Ordinance shall become and be made a part of the Code of Ordinances, City of Smyrna,
Georgia and the sections of this Ordinance may be renumbered to accomplish such intention.
The above Ordinance was read and approved by the Mayor and Council of the City of Smyrna,
Georgia, on the 16th day of December 2019.
A. Max Bacon, Mayor
Attest:
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Terri Graham, City Clerk
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Scott Cochran, City Attorney
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