01212003 January 21, 2003 Attachment
January 21. 2003
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C ~/Yij I ._
~sus N D. HIOTT, CITY CL~
A. MAX BACON, MAYOR
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RON NEWCOMB, WARD 2
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t/'fAMES M. HA INS, WARD 4
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WADE S. LNENICKA, WARD 6
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 539
Acres 3.92
2003-2
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WH EREAS, the owners of at least 60 percent of the land and 60 percent of the resident
electors described in Exhibit "A" attached hereto have been notified of the City's desire that their
property be annexed into the City of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on January 21,2003 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
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NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
~'A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City ofs:yr~.$: day of
January. 2003 / ~--p-
A. Max Bacon, Mayor
q..iUV.a"'J O. wuflir.
Susan D. Hiott, City Clerk
City of Smyrna
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City of Smyrna
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I
2003-1
Exhibit A
All that tract or parcel ofland lying and being in Land Lot 538 of the 1 ih District, 2nd Section,
Cobb County, Georgia, and being 11.92 acres as shown on that certain survey for Whitefield
Academy, dated August 5, 2002, prepared by Gaskins Surveying & Engineering Company,
George F. McLaughlin, 111, Georgia Registered Land Surveyor No. 2745, and being more
particularly described as follows:
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Beginning at a 1" open top pipe found at the common corner of Land Lots 538,539,542, and 543,
said district and section; thence running north 88 degrees 14 minutes 21 seconds west as
measured along the southerly land lot line ofland Lot 538, said district and section for a distance
of 519.00 feet to a #4 rebar and corner; thence running north 01 degrees 02 minutes 05 seconds
east for a distance of209.07 feet to a #4 rebar found and corner; thence running north 81 degrees
16 minutes 41 seconds west for a distance of 12.80 feet to a #5 rebar found and corner;
thence running north 01 degrees 47 minutes 09 seconds east for a distance of 773.82 feet to a #4
rebar and corner; thence running south 89 degrees 48 minutes 58 seconds east for a distance of
518.33 feet to a #4 rebar and corner located on the easterly land lot line of Land Lot 538, said
district and section; thence running south 00 degrees 48 minutes 34 seconds west as measured
along the easterly land lot line of Land Lot 538, said district and section, for a distance of 790.00
feet to a #4 rebar found; thence running south 0 I degrees 00 minutes 06 seconds west as
measured along the easterly land lot line of Land Lot 538, said district and section, for a distance
of 208.81 feet to the point of beginning.
Together with rights of Grantor under that certain 20 foot ingress/egress easement recorded in
Deed Book 2939, Page 463, Records of Cobb County, Georgia.
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2003-2
Exhibit A
All that tract or parcel ofland lying and being in Land Lot 539 of the I ih District, 2nd Section,
Cobb County, Georgia, and being 3.92 acres as shown on that certain survey for Whitefield
Academy, dated May 7, 2002, prepared by Gaskins Surveying & Engineering Company, bearing
the seals of Christopher A. Evans, Georgia Registered Land Surveyor No. 2784 and George F.
McLaughlin, Ill, Georgia Registered Land Surveyor No. 2745, and being more particularly
described as follows:
,...
Beginning at a 1" open top pipe found at the common comer of Land Lots 538,539,542, and 543,
said district and section; thence running south 01 degrees 55 minutes 51 seconds west as
measured along the easterly land lot line of Land Lot 539, said district and section, for a distance
of 168.98 feet to a 1" open top pipe found and comer on the northwesterly right-of -way of
Pebblebrook Road (having a 50 foot right-of-way); thence running in a southwesterly direction as
measured along the northwesterly right-of-way of Pebblebrook Road the following courses and
distances: along the arc of a curve, an arc distance of 108.59 feet (said arc being subtended by a
chord bearing south 62 degrees 43 minutes 40 seconds west, a chord distance of 108.50 feet, and
having a radius of 798.89 feet) to a point; south 58 degrees 50 minutes 02 seconds west for a
distance of 274.45 feet to a point; along the arc ofa curve, an arc distance of 129.30 feet (said arc
being subtended by a chord bearing south 61 degrees 50 minutes west, a chord distance of 129.24
feet, and having a radius of 1,234.88 feet) to a #4 rebar found and comer; thence running north 39
degrees 57 minutes 57 seconds west for a distance of271.01 feet to a #4 rebar and comer; thence
running north 38 degrees 59 minutes 45 seconds east for a distance of228.33 feet to a #4 rebar;
thence running north 53 degrees 51 minutes 56 seconds east for a distance of 83.43 feet to a #4
rebar; thence running north 53 degrees 51 minutes 56 seconds east for a distance of 83.43 feet to
a #4 rebar and comer located on the northerly land lot line of Land Lot 539, said district and
section; thence running south 88 degrees 14 minutes 21 seconds east as measured along the
northerly land lot line of Land Lot 539, said district and section, for a distance of 414.12 feet to
the point of beginning.
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 400
Acres 40.58
2003-3
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent ofthe land and 60 percent of the resident
electors described in Exhibit "A" attached hereto have been notified of the City's desire that their
property be annexed into the City of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on January 21, 2003 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
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NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
'''A.''
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 2 I st
January, 2003.
day of
L~
A. Max Bacon, Mayor
~D. YW/;6 .
Susan D. Hiott, City Clerk
City of Smyrna
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Sco A. Cochran, City Attorney
City of Smyrna
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ORDINANCE 2003-3
EXHIBIT "A"
All that tract or parcel of land lying and being Land Lot 400 of the 17th District, 2nd
Section, Cobb County, Georgia, and being more particularly described as follows:
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Beginning at the southwesterly comer of Land Lot 400
Thence along the westerly line of said land lot
North 01 Degress 15 Minutes 59 Seconds east, 299.62 feet to a point;
Thence continuing along said westerly Land Lot line
North 01 Degrees 22 Minutes 04 Seconds east, 1100.14 feet to a point
Said point being the northwesterly comer of Land Lot 400
Thence along the northerly line of said land lot
South 88 Degrees 14 Minutes 42 Seconds east, 1188.12 feet to a point,
Said point being the northeasterly comer of Land Lot 400
Thence along the easterly line of said Land Lot
South 00 Degrees 12 Minutes 58 Seconds east, 1527.47 feet to a point
Said point being the southeasterly comer of Land Lot 400
Thence along the southerly line of said Land Lot
North 82 Degrees 21 Minutes 36 Seconds west, 1237.19 feet to a point;
Said point being the point of beginning.
Said tract or parcel of land contains 40.58 acres.
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ORDINANCE No. 2003-8
AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE
CODE OF ORDINANCES, CHAPTER 106 - VEGETATION, ARTICLE II, CITY OF
SMYRNA, GEORGIA, BE AMENDED BY REVISING SECTIONS 106-26, 106-27, 106-
28, 106-29, 106-30, 106-41, 106-42, 106-43, 106-44 AND 106-45 OF SAID CODE, AND BY
ADDING SECTIONS 106-31, 106-32, 106-33, 106-33.1, 106-34, 106-35, 106-36, 106-37,
106-38, 106-39, 106-40, 106-47, 106-48, 106-49, 106-50 AND 106-51 TO SAID CODE,
AND BY ADDING APPENDIX A AND APPENDIX B TO SAID CODE, AND BY
REMOVING SECTIONS 106-56, 106-57, 106-58, 106-59, 106-60, 106-61, 106-62 AND
106-63 IN THEIR ENTIRETY FROM SAID CODE, PROVIDING SUFFICIENT
REGULATIONS AND PROCEDURES TO ENSURE THE PRESERVATION OF
OLDER GROWTH SPECIMEN TREES AND OTHER BENEFICIAL VEGETATION,
AND TO PROVIDE GUIDELINES FOR TREE DENSITY CALCULATION AND A
TREE SPECIES SELECTION LIST
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
SMYRNA, GEORGIA:
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That Chapter 106, Article II, of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such Chapter shall read as follows:
Section 106-26 Purpose and Intent
The intention of this section is to promote the preservation of trees as part of the land development and
construction process and to promote the preservation of trees on residential properties. This section shall be
known and may be cited as "The Smyrna Tree Ordinance".
Trees are recognized for their importance in shading, cooling, noise and wind reduction, soil erosion prevention,
oxygen production, dust filtration, carbon dioxide absorption, and aesthetic and economic enhancement of all
real property. Their contribution to the general well being and quality of life for the citizens of Smyrna is
recognized and valued. Therefore:
The City deems it necessary and desirable in the interest of public health, safety and welfare to enact an
ordinance for the preservation, planting and replacement of trees and to prevent the indiscriminate removal of
trees and reduction of canopy cover within the City.
The purpose of this ordinance is to:
(I) Provide standards for the preservation of trees as part of the land development process;
(2) Prevent massive grading of land, both developed and undeveloped, without provision for replacement of
trees; and
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Ordinance 2003-8
,.. ( 16) Tree - Any self-supporting, woody perennial plant usually having a single trunk.
(17) Tree Bank - An account, maintained by the Finance Department of the City of Smyrna, offunds 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 the purchase and planting of trees on public sites within the City of Smyrna as
authorized by the Community Development Director.
(18) Tree Removal Permit - A formal letter or permit issued by the Community Development Director allowing
for the removal of said tree( s) on a property.
(19) Tree Protection Zone - 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 Smyrna Zoning Code, conditions of
zoning approval or provisions of this Ordinance.
(20) Tree Save Area - 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.
(21) Tree Species Selection List - The recommended species of trees in The Smyrna Tree Ordinance - Appendix
B.
(22) Understory Tree - Those trees that grow beneath the overstory, and will generally reach a mature height of
under forty (40) feet.
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(23) All other items - 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.
Section 106-30 General Criteria For The Determination Of Specimen
Trees Or Stands Of Trees
(I) Specimen tree:
(a) Any tree in fair or better condition which equals or exceeds the following diameter sizes:
i. 24" dbh - Large hardwoods such as oaks, hickories, yellow poplars, sweetgums, etc.
ii. 30" dbh - Large softwoods such as pines, deodar cedars, etc.
iii. 4" dbh - Small trees such as dogwoods, redbuds, sourwoods, etc.
b. A tree in fair or better condition must meet the following minimum standards:
i. A life expectancy of greater than 15 years.
ii. A structurally sound trunk, not hollow and having no extensive decay, and less than twenty (20) percent
radial trunk dieback.
iii. No more than one major and several minor dead limbs (hardwoods only).
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iv. No major insect or pathological problem.
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Ordinance 2003-8
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Section 106-47 Display Of Permit And Inspections
The applicant shall prominently display on the site the permit issued. 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 premises by
representatives of the City as designated by the Arborist 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.
Section 106-48 Fees
Each applicant requesting a permit under the provisions of The Smyrna Tree Ordinance shall deposit with the
City of Smyrna a fee of five hundred dollars ($500.00), which fee shall be nonrefundable.
Provided, however, no fees shall be charged on any application filed solely within a public right-of-way or for a
single-family residence.
Provided, further, that no fee shall be charged on any application where the Arborist determines that the tree(s)
meet the exception criteria contained in Section 106-28.
Section 106-49 Penalty
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Any person, firm or corporation violating any provisions of this article shall be punished as described in Section
1-8 of the Code of the City of Smyrna, and in addition thereto may be enjoined from continuing the violation.
Each tree cut, damaged or poisoned shall constitute a separate offense.
Section 106-50 Tree Replacement Fund
On January 4, 1993 the Smyrna City Council adopted the Tree Preservation and Protection Ordinance, and set
the Tree Replacement Fund for alternative compliance at $440.00 per unit 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.
Section 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 date of installation. Any tree not property maintained
during this two year period shall be replaced. This maintenance period can be reduced to one year if an
irrigation system is installed per a set of plans 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 his/her designee.
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Ordinance 2003-8
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The Smyrna Tree Ordinance - Appendix A
Tree Density Calculations
DENSITY FACTOR ANALYSIS
A basic condition of the Smyrna Tree Protection Requirements is that all applicable sites maintain a minimum
tree density of twenty (20) units per acre. The term "unit" is an expression of basal area and is not synonymous
with "tree".
The density requirement must be met whether or not a site had trees prior to development. The density may be
achieved by counting existing trees to be preserved, planting new trees, or some combination of the two.
For density factor analysis, the following formula shall apply:
SDF = EDF + RDF Where:
SDF (Site Density Factor) = The minimum tree density required to be maintained on a developed site (20 units
per acre).
EDF (Existing Density Factor) = Density of existing trees to be preserved on a site.
RDF (Replacement Density Factor) = Density of new trees to be planted on a site.
,.. PROCEDURE FOR CALCULATING THE REQUIRED TREE REPLACEMENT:
Step 1. Calculate the Site Density Factor (SDF):
The SDF is calculated by multiplying the number of site acres by 20.
EXAMPLE: A 2.2 acre site has a SDF of 2.2 X 20 = 44
Step 2. Calculate the Existing Density Factor (EDF):
The Existing Density Factor, EDF, is determined by converting the diameter breast height (dbh) of individual
trees to density factor units as shown in the following Table 1. These units are totaled to determine the EDF for
the site.
EXAMPLE: A total of 15 trees will remain on the 2.2 acre site in Step 1. These trees include:
7 - 12" pines
3 - 14" pines
3 - 18" pines
1 - 20" hickory
1 - 30" oak
When converted to density factory units using Table 1, we arrive at the following values:
,tffI!"""
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Ordinance 2003-8
,.. DBH Units Trees Value
12" 0.6 7 4.2
14" 1.2 3 3.6
18" 1.9 3 5.7
20" 1.9 1 1.9
30" 5.1 1 5.1
Total 20.5
The sum total units, 20.5 is the EDF (Existing Density Factor).
Step 3. Calculate the Replacement Density Factor (RDF) by subtracting the EDF (Step 2) from the SDF (Step
1):
RDF = SDF - EDF
Example: RDF = 44 - 20.5
RDF = 23.5
Step 4. The RDF can be converted back to caliper inches using Table 2. Any number of combination of
transplantable size trees can be used so long as their total density factor units will equal or exceed the RDF.
,... Example: On the 2.2 acre site the following number, size and species will be replanted:
Number Size Species Unit Value
12 1" Pine 0.4 4.8
10 2" Red Maple 0.5 5.0
3 6" Oak 1.0 3.0
Total 12.8
12.8 is less than the RDF of23.5 thus the minimum requirement has not been met.
Example 2: Required SDF (Density Factor)
2.2 acres x 20 units/acre = 44 units required
Number
Size
Unit
Value
2
10
8
24"
18"
10"
2.8
1.9
0.6
5.6
19.0
4.8
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Total 29.4
Required RDF (Replacement Density Factor)
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Ordinance 2003-8
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Number Size Unit Value
10 2" 0.5 5.0
100 1" 0.4 40.0
Total 45.0
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EDF
29.4
RDF
45.0
+
+
=
DFS
74.4
=
Because the proposed SDP (74.4) exceeds 44.0, the SDP is satisfied.
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Ordinance 2003-8
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Table 1 - Conversion from dbh to density units for existing trees to remain
"
DBH
2 - 4"
5 - 8"
9 - 12"
13 - 16"
17 - 20"
21 - 24"
25 - 28"
29 - 32"
33 - 36"
37 - 40"
Units
0.1
0.3
0.6
1.2
1.9
2.8
3.8
5.1
6.5
8.1
Table 2 - Conversion from caliper to density factor units for replacement trees
Calioer Units
1" 0.4
2" 0.5
3" 0.6
4" 0.7
5" 0.9
,"" 6" 1.0
7" 1.2
8" 1.3
9" 1.5
10" 1.7
11 " 1.9
12" 2.1
13" 2.3
14" 2.5
Table 3 - Container grown pine tree replacement credit
Size Units
7 Gallon 0.4
3 Gallon 0.2
1 Gallon 0.1
The use of land 3 gallon pines is only permitted with prior written approval. These units can only total 20% of
the total replacement trees.
For tree relocation, replacement units will be granted to trees relocated on site. Tree relocation is subject to
".. Arborist approval.
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Ordinance 2003-8
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The Smyrna Tree Ordinance - Appendix B
Tree Species Selection List
Overs tory Trees
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Acer rubrum
Betula nigra
Carya species
Celtis occidentalis
Cladrastis lute a
Cunninghamia lanceolata
Fagus grandifolia
Fraxinus americana
Fraxinus pennsylvania
Ginkgo biloba
Juniperus virginiana
Liquidambar styraciflua
Liriodendron tulipfera
Magnolia grandiflora
Metasequoia glyptostroboides
Nyssa sylvatica
Pinus elliottii
Pinua taeda
Pinus virginiana
Platanus occidentalis
Quercus species
Robinia pseudoacacia
Taxodium disticum
Ulmus parvifolia
Zelkova serrata
Allee Elm
Village Green Zelkova
Understory Trees
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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Acer buergerianum
Amelanchier arborea
Carpinus caroliniana
Cercis canadensis
Cornus species
Crataegus phaenopyrum
Oxydendrum aboreum
Acer floridanum
Cercidiphyuum japonicum
Halesia carolina
Sophora j aponica
Red Maple
River Birch
Hickories, Pecans
Hackberry
American Yellowwood
Common Chinafir
American Beech
White Ash
Green Ash
Gingko
Eastern Red Cedar
Sweetgum
Yellow Poplar, Tulip Poplar
Southern Magnolia
Dawn Redwood
Black Gum, Black Tupelo
Slash Pine
Loblolly Pine
Virginia Pine
Sycamore
Oaks, except Live Oaks
Black Locust
Bald Cypress
True Chinese Elm
Japanese Zelkova
Ulmus parvifolia
Zelkova serrata
Trident Maple
Juneberry
American Hornbean
Eastern Redbud
Dogwoods
Washington Hawthorne
Sourwood
Florida Maple or Southern Sugar Maple
Katsura Tree
Carolina Silverbell
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Ordinance 2003-8
All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of
the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not affect the
validity of the Ordinance as a whole or any part thereof which is not speci ficaIIy declared to be
invalid or unconstitutional.
Approved by Mayor and Council this 21st day of January, 2003.
Attest:
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A. Max Bacon, Mayor
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~o.~
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
J~ -
Scott A. Cochran, City Attomey------
City of Smyrna
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Ordinance 2003-8
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(3) Protect trees during construction whenever possible in order to enhance the quality of life within the City of
Smyrna.
Section 106-27 Applicability
(1) The terms and provisions of The Tree Protection Ordinance and these standards shall apply to any activity
which requires the issuance of a development permit. No development permit or grading permit shall be issued
until it is determined that the proposed development is in conformance with the provisions of the Ordinance.
(2) No person shall remove, cause to be removed, poison, damage, trim or transplant any tree with a trunk
diameter of six (6) inches or more at breast height without first obtaining a permit, as herein provided.
Section 106-28 Exemptions
(1) The following shall be exempt from the provisions of this Ordinance:
(a) The removal of trees, other than specimen trees, from an owner occupied, single family or duplex lot of less
than two acres in size.
(b) 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.
(c) The necessary removal of trees by a utility company within dedicated utility easements.
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(d) 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.
(e) The removal of trees, other than specimen trees, from detention ponds and drainage easements and other
publicly dedicated easements.
(t) The removal of any tree which has become or threatens to become a danger to human life or property.
(g) The removal of trees from public recreation areas such as playgrounds, ballfields, golf courses and other
such uses.
(2) Notwithstanding the foregoing, all reasonable efforts shall be made to save specimen trees.
Section 106-29 Definitions
For purposes of this Ordinance, the following definitions shall apply:
(1) Arborist - The Community Development Director or his/her designee responsible for administering the
provisions of this Ordinance.
(2) Basal Area - The cross-sectional area of a tree trunk at diameter breast height (dbh) expressed herein in
terms of "units" per acre.
(/If1"'"
(3) Buffer - A landscaped open space area and/or screen for buffering incompatible uses, as defined in Section
503.
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Ordinance 2003-8
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(4) Buildable area - The portion of a lot which is not located within any minimum required yard, landscape
strip/area or buffer; that portion of a lot wherein a building or structure may be located.
(5) Caliper - A forest standard of tree trunk measurement for replacement trees. Caliper of the trunk shall be
taken at six (6) inches above the ground for trees up to and including four (4) inch caliper size, and twelve (12)
inches above the ground for trees larger than four (4) inch caliper.
(6) Critical Root Zone - (CRZ) - 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 one and one-half
(1.5) times the number of inches of the trunk diameter. EXAMPLE: The CRZ radius of a twenty (20) inch
diameter tree is thirty (30) feet.
(7) dbh (Diameter breast height) - The standard measure of tree size for those trees existing on a site that have a
caliper of at least two inches at a height of four and one-half (4.5) feet above the ground. If a tree splits into
multiple trunks below four and one-half (4.5) feet, then the trunk is measured at its most narrow point beneath
the split.
(8) Density factor - A unit of measure used to prescribe the calculated tree coverage on a site. Site density factor
for areas within the corporate limits of the City of Smyrna is twenty (20) units per acre. (See Density Factor
Analysis, The Smyrna Tree Ordinance - Appendix A).
"..
(9) Development Activity - Any alteration of the natural environment which requires the approval of a
development or site plan and issuance of a development permit. Development Activity shall also include the
"thinning" or removal of trees from any undeveloped land, including that carried out in conjunction with a forest
management program, and the removal of trees incidental to the development of land or to the marketing of land
for development.
(10) Development permit - An official authorization issued by the Community Development Director or hislher
designee.
(11) Hardwood Tree - 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.
(12) Overstory Trees - Those trees that compose the top layer or canopy of vegetation and will generally reach a
mature height of greater than forty (40) feet.
(13) Reasonable Effort - Includes, 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 preserve specimen
trees.
(13) Revegetation - The replacement of trees and landscape materials into the minimum required landscape
areas, as determined by the Zoning Code, conditions of zoning approval, or the provisions of this Ordinance.
(14) Softwood Trees - 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.
",...
(15) Specimen Tree or Stand - Any tree or collective group of trees which qualifies for special consideration for
preservation due to size, type and condition. See Section 160-30 for general criteria regarding specimen trees or
stands.
3
,...
ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 538
Acres 11.92
2003-1
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of at least 60 percent of the land and 60 percent of the resident
electors described in Exhibit "A" attached hereto have been notified ofthe City's desire that their
property be annexed into the City of Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on January 21,2003 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
-
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
ro'A.'''1
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 21 st
January, 2003.
day of
/~/
A. Max Bacon, Mayor
~A~,(J, y~
Su an D. Hiott, City Clerk
City of Smyrna
-
Scott A. Coc ran, City Attorney
City of Smyrna
Ordinance 2003-8
,..
c. A lesser sized tree can be considered a specimen tree if it is a rare or unusual species, of exceptional or unique
quality, or of historical significance.
f
d. A lesser size tree can be considered a specimen tree if it is specifically used by a builder, developer, or design
professional as a focal point in a landscape project.
2. Specimen tree stands - A contiguous grouping of trees which has been determined to be of high value in the
opinion of the Arborist. Determination is based upon the following criteria:
a. A relatively mature, even-aged stand.
b. A stand with purity of species composition or of a rare or unusual nature.
c. A stand of historical significance.
d. A stand with exceptional aesthetic quality.
Section 106-31 Minimum Tree Density Requirements
(1) A basic condition of The Smyrna Tree Ordinance is that all applicable sites maintain a minimum tree density
of twenty (20) units per acre. The term "unit" is an expression of basal area, and is not synonymous with "tree".
The density requirement must be met whether or not a site had trees prior to development for the issuance of a
development permit.
,..
Notwithstanding any other provisions of this ordinance, all trees designated for replacement meeting the
definition of specimen trees shall be replaced on an inch-for-inch basis. All trees used to replace specimen trees
shaH have a minimum caliper of 4".
The density may be achieved by counting existing trees to be preserved, by planting new trees according to the
minimum standards in this Ordinance or by a combination of the two.
Minimum tree density shall be calculated and established pursuant to the formula and analysis set forth in
Appendix A to this Ordinance. The property owner shall be subject to the minimum tree density requirement set
forth in this Section. The property owner shaH 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.
(2) All single-family and/or duplex residential lots shall provide the foHowing at time of certificate of
occupancy: either four 3" caliper trees or two 2" caliper and two 4" caliper trees. The following species of trees
may be used: Nuttall Oak, Swamp Chestnut Oak, Allee Elm, and Village Green Zelkova. Other species may be
used if approved by the City.
(3) Trees replanted to achieve density requirements are to be selected species from the Tree Species Selection
List found in Appendix B.
In addition, replanting shaH be at the ratio of not less than one (1) overstory tree for every three (3) understory
trees. Density credit may be met by planting all overstory trees, but not by planting only understory trees.
No more than forty (40) Qercent of anyone genus may be included in any replanting plan. Exceptions to this
1'eq)))n~ment may be authorized by the Arborist where in his opinion an exception is justified.
"..
5
Ordinance 2003-8
,.. Refer to Table 2, The Smyrna Tree Ordinance - Appendix A, for minimum size requirements for replacement
trees.
(4) 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.
Section 106-32 Alternative Compliance To Tree Density Requirements
(1) The intent of this Ordinance 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 City Arborist, may
be acceptable:
Planting at a location remote from the project site or Contributing to the City of Smyrna Tree Bank.
(2) The following standards have been established for administering these alternative compliance methods. The
Arborist must review and approve all requests for alternative compliance. In no instance shall one hundred (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.
(3) 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 Arborist for the City of Smyrna at
least thirty (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."
(4) Smyrna Tree Bank. As another method of alternative compliance, the City of Smyrna will accept donations
to the Smyrna Tree Bank. These donations will be used for the sole purpose of planting trees on public property
within the City of Smyrna (See Section 106-50).
(5) Fund administration. The City of 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 oftrees planted.
Section 106-33 Application Requirements
When a person applies for a development permit, such person shall also file an application for a tree removal
permit providing 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, the tree protection
areas, those trees to be saved and those to be removed, utilities to be installed,
grading, the approximate location of all structures, driveways and curb cuts,
proposed tree planting and other landscaping.
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Ordinance 2003-8
,..
(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 acceptable replacement trees is provided in
The Smyrna Tree Ordinance - Appendix B, Tree Species Selection List.
Section 106-33.1 Grading for Future Site Development Requirements
Land disturbance 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.
Section 106-34 Tree Survey Plan And Inventory
(1) The Tree Survey Plan shall be in the form of a to-scale map or a site plan prepared and sealed by a state-
registered surveyor, or landscape architect noting the location of all specimen trees plus all other trees which
will be preserved and counted toward meeting site density requirements.
(2) All specimen trees and their critical root zones are to be labeled, and must be shown on the survey and
inventoried by size and species. This includes those specimen trees that are to be preserved as well as those
proposed for removal.
(3) 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 two (2) inches or greater are to be
identified as eligible for density compliance purposes. Existing trees less than one (l) inch dbh will not be
counted toward Existing Density Factor.
,..
(4) Trees other than specimen trees 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.
(5) Sampling methods may be used to determine tree densities for forested areas over five (5) acres. The
minimum sampling area shall be 1 acre.
(6) All tree protection zones and tree save areas must be delineated on the Tree Survey Plan. All buffers with
existing trees must be delineated on plans as tree save areas. Land disturbance within any buffer is subject to
approval by the Arborist.
(7) The Tree Survey Plan shall provide an accurate list of those trees to be saved and a total value of Existing
Density Factor units for the entire property.
Section 106-35 Tree Survey Inspection
Following the receipt of the completed tree removal application, Tree Survey Plan and supporting data, the
Arborist shall schedule and conduct an inspection of the proposed development site within ten (10) working
days. The applicant or his designee shall be advised as to the date and time of the inspection and given an
opportunity to participate. Following inspection, the Arborist, consistent with the purposes of this Ordinance,
shall advise the applicant of any recommended changes in the applicant's proposed tree removal, protection or
replanting plans.
",..
7
Ordinance 2003-8
,.. Section 106-36 Tree Protection Plan -- Documents Required
(I) Before the acceptance of a rezoning application and before the commencement of any alteration, defoliation
or land disturbing activity which requires the issuance of a development permit, a Tree Protection Plan is
required.
(2) The Tree Protection Plan shall be a detailed plan designed to protect and preserve trees before, during and
for a period of one (1) year after construction.
(3) The Tree Protection Plan shall be submitted as a separate drawing.
(4) 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 for acceptance as the plan required in
Section 106-37(1).
(5) The Tree Protection Plan shall be prepared by a landscape architect
Required specifications for a Tree Protection Plan include, but are not limited to, the following:
(I) The identity of the tract of land upon which tree(s) sought to be removed are located.
(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 type, location and size as measured at the diameter breast height of the tree(s) constituting those to be
protected. Only trees designated on the Tree Protection Plan will be counted toward density requirements.
(4) Locations of all specimen trees and their critical root zones (CRZ's). Indicated those specimen trees proposed
for removal or for preservation. Removal of specimen trees is subject to approval by the Arborist. Any specimen
tree proposed for removal is to be identified in terms of exact location, size and species.
(5) 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.
(6) Limits of clearing and land disturbance such as grading, trenching, etc. where these disturbances may affect
tree protection zones.
(7) The locations of all existing and proposed utility lines or easements. Include the location for any boring sites
for underground utilities.
(8) Indication of staging areas for parking, material storage, concrete washout, debris burn and burial holes and
other areas where tree protection may be affected.
(9) A delineation of tree save areas in which trees have been inventoried for density calculations.
,...
(10) 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 two (2) inches or greater shall be counted toward the
8
Ordinance 2003-8
,..
minimum tree density requirements. Tree protection plans submitted prior to rezoning applications shall indicate
thereon how the minimum Site Density Factor shall be maintained.
(11) Site area (roads, utility lines, detention ponds, etc.)
(12) The locations of existing and proposed structures, paving, driveways, cut and fill areas, detention areas, etc.
(13) Phase lines or limits of construction.
(14) Location and details for all permanent tree protection measures (tree wells, aeration systems, permeable
paving, retaining walls, bollards, etc.)
(15) Additional information as required on a case-by-case basis or as requested by the Arborist.
(a) Prior to approval of the Tree Protection Plan, the Arborist 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 Arborist may require the use of active tree protection
fencing for any or all tree protection zones.
(16) The following notes shall be indicated on both tree protection plans and grading plans in capital letters:
,...
Contact 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.
Buffers shall be replanted subject to Community Development Department Approval.
Section 106-37 Tree Replacement Plan -- Standards And Revegetation
(1) A separate Tree Replacement Plan indicating the location of all proposed trees for revegetation is required.
This plan may be included as a part of the Tree Protection Plan or may be submitted as a separate drawing.
(2) The Tree Replacement Plan is to include planting schedules with proposed tree names (botanical and
common), quantity, size, spacing and any special planting notes.
(3) Unless otherwise approved by the Arborist, trees selected for replanting must be on the tree Species
Selection List found in The Smyrna Tree Ordinance Appendix B. Trees selected must be free from injury, pests,
disease, nutritional disorders or root defects, and must be in good vigor 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 Tree and Shrub Planting Manual or similar publication.
(4) 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.
",."
(5) All replanted overstory trees shall be a minimum of eight (8) feet tall and have a trunk of not less than two
(2.0) caliper inches. All replaced understory trees shall be a minimum of six (6) feet tall and have a trunk of not
9
Ordinance 2003-8
,..
less than one and one (1.0) inch. In order to provide sufficient growing area for planted trees, the following
minimum criteria must be observed unless otherwise approved by the Arborist:
Overstory Trees - 200 square feet of pervious root zone. Understory Trees - 75 square feet of pervious root
zone.
(6) Planting and staking details are to be provided on the plan.
(7) Trees must be relocated or replaced on site in accordance with the provisions of this Ordinance.
(8) Debris removed. All debris from trees cut or substantially damaged shall be removed from the site in prior to
the issuance of a certificate of occupancy. This includes the removal of any portion of the tree stump above the
original natural grade or elevation of land.
Section 106-38 Permit Procedures
(1) Prior to the issuance of a development permit, a Tree Protection Plan and Tree Replacement Plan must be
submitted to the Arborist for review and approval.
(2) All Tree Protection and Tree Replacement Plans and related documentation shall be reviewed by the
Arborist for conformance to the provisions of this ordinance and either approved or denied. If denied, the
reasons for denial shall be annotated on the Tree Protection Plan or otherwise stated in writing.
,...
(3) 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.
(4) All tree protection measures shall be installed prior to any land disturbance, 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 approved by the
City.
(5) After completion ofa 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.
(6) The Arborist or City officials may make unscheduled inspections before and during development to ensure
protection of trees, critical root zones and buffer zones.
Section 106-39 Removal Of Trees - Conditions And Exceptions
(1) Tree removal shall be disallowed in the following circumstances:
(a) 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
Arborist in his evaluation.
,... (b) Specimen trees are located on site and are not adequately protected or replaced. Additionally, removal may
be disallowed if alternative site designs can be utilized to save specimen trees (without decreasing building area)
and have not been made.
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Ordinance 2003-8
"",..
(2) Exceptions.
Tree removal from a site may be allowed if:
(a) 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.
(b) The tree is diseased or structurally unsound.
(c) The tree is injured and/or poses an imminent danger.
(d) The tree interferes with existing utility service.
(e) The tree creates an unsafe vision clearance for vehicular movement.
(3) Trees must be relocated or replaced on site in accordance with the provisions of this Ordinance.
(4) Existing trees. Any existing trees of not less than two (2) inches dbh left in good growing condition on the
property shall be counted toward the minimum number required. All replacement trees will be maintained
properly to ensure their survivability.
(5) Debris removed. All debris from trees cut or substantially damaged 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.
"...
,IlK
(6) It is required that all reasonable efforts (see definition) be made to save specimen trees.
Section 106-40 Tree Protection During Construction
(1) 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 within size (6) feet of the area outside the
Critical Root Zone, as defined herein, of any specimen tree or any tree within a tree protection zone.
(2) Before development, land clearing, filling or any land alteration, the developer shall be required to erect
suitable protective barriers as required by the Arborist, including tree fences, tree protection signs, and erosion
barriers until completion of site landscaping. Authorization to remove the protective devices shall be in writing
by the Arborist or by the issuance of a final Certificate of Occupancy. Inspection of tree protection barriers is
required prior to any land disturbance or development. The Community Development Director shall be
contacted to schedule an inspection time.
(3) Materials for active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail
fencing or other equivalent restraining material. In addition to fencing, where active tree protection is required,
each tree to be saved shall be marked at the base of the trunk with surveyor's flagging ribbon denoting the size
and species of tree to be protected.
(4) All tree protection devices must remain in functioning condition until the Certificate of Occupancy is issued.
f"'"
11
Ordinance 2003-8
,I"""" Section 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 Arborist, shall be treated according to accepted National Arborists Association Standards,
or replaced with a tree or trees equal to the unit value of the tree removed. However, any specimen tree damaged
as described above shall be replaced with trees equal to two (2) times the unit value of the tree removed or
damaged. 4" minimum trees must be utilized to replace damaged specimen trees.
Section 106-42 Emergencies
In case of emergencies, such as hurricane, windstorm, flood, freeze or other disasters, the requirements of these
regulations may be waived by the Arborist 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.
Section 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).
Section 106-44 Appeal
",...
Any person adversely affected by a decision of the Arborist in the enforcement or interpretation of any of the
terms or provisions of this ordinance may appeal such decision to the Mayor and Council. Such appeal shall be
taken by filing written notice thereof with the Community Development Director within ten (10) days after the
decision of the Arborist or his designee.
Section 106-45 Withholding Of Certificate Of Occupancy
The Community Development Director may withhold the issuance of the required Certificate of Occupancy, or
permits and inspections, for any development as required until the provisions of the Ordinance have been fully
met.
Section 106-46 Tree Removal And Construction Companies
All provisions of this Ordinance shall apply to any person removing trees on behalf of any other person,
including all tree removal companies, utility companies or persons in the business of removing trees or
construction. 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 Ordinance, unless a valid permit
thereof is in effect and is displayed in accordance with the provisions of Section 160-47. If any such work or
removal is performed without the permit being displayed as required in Section 160-47, such removal or work
shall constitute a violation of this Ordinance and shall subject the person or company violating this Ordinance 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 Arborist within three (3)
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 persons in the business of removing trees or construction shall
remove from the site any trees, stumps, limbs or debris caused by activities allowed by the issuance of a permit
under this Ordinance.
12