04-21-2008 April 21, 2008
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April 2 L 2008
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was ca\1ed to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. A\1
council members were present. Also present were City Administrator Wayne Wright, Deputy
City Clerk Lee Mi\1er, City Attorney Scott Cochran, Public Works Director Scott Stokes, Library
Director Michael Seigler, Parks and Recreation Director Steve Ciaccio, Keep Smyrna Beautiful
Director Ann Kirk, Community Relations Director Jennifer Bennett, Finance Director David
Boyd, Community Development Director Ken Suddreth, Assistant City Administrator Eric
Taylor, Fire Chief Jason Lanyon, Human Resources Director Chris Corey, Police Chief Stan
Hook and representatives of the press.
Invocation was given by Reverend Jackie Sanders from Fellowship Christian Center,
fo\1owed by the pledge to the flag.
AGENDA CHANGES:
Mayor Bacon introduced Campbell High School (CHS) student government president Logan
Krusac to those present, and announced that he will be presiding over this evening's proceedings
as honorary mayor. Mayor Bacon stated that Wheeler High School student Latifah Hollis is
present to observe the meeting.
MAYOR'S REPORT:
(A) Recognition of members of the Campbe\1 High School student government
Honorary Mayor Krusac recognized Ms. Kimberly Forrester from CHS, and Ms. Forrester
provided details to those present concerning the student government at the school. Ms. Forrester
introduced CHS student Jasmine Wilson, the secretary of the student government at the school,
and she provided details to everyone concerning her duties as secretary.
(B) Recognition of Project 2400 students
Honorary Mayor Krusac recognized CHS students Brye Balkum and Kellyann Bijadder, and the
students provided details to those present concerning the workshops they attend in order to
achieve competitive scores on the SAT test.
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(C) Proclamation in Recognition of Blind and Low Vision Services
Council Member Wood provided details regarding the twenty-five years of valuable service to the
community performed by Blind and Low Vision Services (BL VS) and read a Proclamation in
Recognition of Blind and Low Vision Services to those present. Council Member Wood
recognized Mr. Joe Bland, Ms. Charyn Darby and Ms. Joan Stewart (phonetic) representing
BL VS, and Ms. Stewart thanked the present officials for everyth ing they do to assist the
associates of BL VS with their worthwhile objectives.
LAND ISSUES/ZONINGS/ ANNEXA TlONS:
(A)
Public Hearing- Adoption of revisions to the City of Smyrna Tree Ordinance -
Department of Community Development
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April 21. 2008
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Mr. Wright stated members of the City tree board, staff and the development community
collaborated to provide information for formulating an improved tree ordinance.
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Mr. Suddreth provided details to those present concerning the planned revisions to the tree
ordinance. Mr. Suddreth stated a committee was formed to help provide pertinent data for
consideration during the revision process. Mr. Suddreth discussed the content of the revisions in
detail. Mr. Suddreth stated additional changes to the definition of boundary tree are
recommended.
Council Member Newcomb indicated this is a public hearing and asked for public comment, and
the oath was administered to several persons by Mr. Cochran.
Honorary Mayor Krusac recognized Mr. David Meyer (phonetic), owner ofDGM Land Planning
Consultants, and Mr. Meyer commented favorably about the committee process used to help
synthesize information from a variety of sources and perspectives into this revised body of
regulations. Mr. Meyer expressed the view that this revision is easier to understand and provides
incentives to developers to preserve trees. Mr. Meyer thanked Messrs. Suddreth and Martin, Ms.
Whittington, Mr. Burgess and the other committee participants for their efforts.
Honorary Mayor Krusac recognized Ms. Jahnee Prince, Vice President of Policy for the Council
for Quality Growth, and Ms. Prince commented favorably about the proposed tree ordinance
revision. Ms. Prince commended the City staff for their efforts, and stated the Council for
Quality Growth supports the proposed revision.
Honorary Mayor Krusac recognized Mr. Steve Pritchard, and Mr. Pritchard thanked the staff and
committee participants for their work on this revision. Mr. Pritchard stated this new version is
easier for developers to understand and he expects it to result in more efficiency and cost savings.
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Honorary Mayor Krusac recognized Mr. Michael Streger, chairman of the Smyrna Tree Board,
and Mr. Streger commented favorably about his experiences working on the revision committee.
Mr. Streger expressed the view that the revised tree ordinance fulfills a number oftree
preservation needs. Mr. Streger expressed support for this proposed ordinance revision.
Honorary Mayor Krusac recognized Mr. Joe Pedia (phonetic), representing the Greater Atlanta
Homebuilders Association, and Mr. Pedia thanked the members of the revision committee for
their efforts. Mr. Pedia commented favorably about the proposed revision and expressed support
for it.
Council Member Newcomb provided details to those present concerning his experiences with
previous versions of the tree ordinance. Council Member Newcomb stated the inclusive
committee approach used to reformulate the tree ordinance has helped produce a version which
is better balanced. Council Member Newcomb expressed the view that educating the public
about the value of trees is important.
Council Member McNabb expressed concerns about the previous tree ordinance, including
the used formula for calculating minimum tree density, a lack of penalties for damaging or
removing specimen trees and a lack of incentives for tree preservation. Council Member
McNabb stated he believes the revision will be better in a number of regards, and thanked Messrs.
Suddreth and Martin for their initiative and diligence in this process.
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MOTION: Council Member Newcomb made a motion to approve adoption of revisions to the
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April 21, 2008
City of Smyrna Tree Ordinance to include an updated definition of boundary tree. The motion
was seconded by Council Member Pritchett. Motion was approved 7 - O.
(B) Public Hearing- Adoption of a proposed code amendment to Section 712.12.1 of the
Zoning Ordinance -Text amendment regarding carnivals and circuses in the General
Commercial zoning district - Community Development Department
Mr. Wright stated staff has proposed an amendment to the captioned ordinance to delete a
requirement that the specified activities must be the principal economic use of any property on
which they are staged. Mr. Wright stated staff recommends approval of the revision as proposed.
Council Member Newcomb stated this is a public hearing and asked for public comment. There
was none.
MOTION: Council Member Newcomb made a motion to approve adoption of a proposed code
amendment to Section 712.12.1 of the Zoning Ordinance for text amendment regarding carnivals
and circuses in the General Commercial zoning district. The motion was seconded by Council
Member Pritchett. Motion was approved 7 - O.
(C) Public Hearing - no vote - Rezoning Request Z07-025 - 2.3 acre tract - Cobb County R-
20 to City R-12 Conditional - 1315 Cooper Lake Road, 1331 Cooper Lake Road and
1333 Cooper Lake Road - Nwabuonu Osakwe and Jeanell Arceneaux
Mr. Wright stated the proposed rezoning and annexation is to allow construction of six single-
family structures on the subject tract at a density of2.61 units per acre with a land use change
from low-density residential to medium-density residential classification. Mr. Wright stated the
Planning and Zoning Board (PZB) recommends approval of the request, and that staff also
supports the rezoning subject to a number of conditions.
Honorary Mayor Krusac recognized Mr. Scott Richards, a builder-developer representing the
property owners.
Mr. Suddreth provided details to those present concerning this rezoning request. Mr. Suddreth
stated staff recommends approval of the rezoning request subject to conditions as follows:
Standard Conditions
(Requirements #8 and 17 from Section 1201 of the Zoning Code are not applicable)
I. The composition of the homes in a residential subdivision shall include a mixture of
elements including; but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation sha\1 be comprised of 100% hardy plank siding. The residences whose lots
abut external roadways sha\1 not be permitted to utilize hardy plank for any elevation
facing these roads.
2.
The developer shall provide a landscaped buffer with a minimum width of 20 feet
parallel to any right-of-way external to the development.
3.
There shall be protective covenants with a mandatory homeowners association on a\1
lots. These protective covenants shall be supplied to the City prior to the issuance of a
building permit.
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4.
The developer shall provide at least 200 square feet of common space per lot. This
common space shall be developed with improvements for the residential subdivision
such as: gazebos, fountains, recreational/playground equipment or walking trails. The
common space shall be controlled and maintained by the Homeowners Association.
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5. The detention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
designed to create at least a 10% reduction in a 2-year to I OO-year storm event. The City
Engineer shall approve all plans.
6. All utilities within the development shall be underground.
7. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent
with City's requirements for the extent of the development. A grass buffer with a
minimum width of2' shall be provided between the back of curb and sidewalk.
8. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of20 feet.
9. The development of any streets (including private) shall conform to the City's standards
for public right-of-ways.
10.
No debris may be buried on any lot or common area.
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II. The developer will install decorative streetlights within the development, subject to
approval by the City Engineer. Utilization of low intensity, environmental type lighting,
the illumination of which shall be confined within the perimeter of the subject property
through the use of "full-cutofflighting".
12. The developer will comply with the City's current tree ordinance (unless noted
elsewhere). All required tree protection measures shall be adhered to by the developer
during construction.
13. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
14. All yards and common areas are to be sodded, and landscaped. Irrigate as appropriate.
15. All single-family and/or duplex residential lots shall provide the following at the 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.
Special Conditions
16. Minimum floor area shall be 1,900 square feet.
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17.
The development sha\1 maintain the fo\1owing setbacks:
Front (Proposed road) - 20 feet
Side (Along Cooper Lake Road) - 25 feet
Side - 10 feet
Rear - 30 feet
18. No outside storage sha\1 be permitted, with the exception of firewood and lawn
furnishings, or as otherwise prohibited in the protective covenants.
19. The mandatory homeowners association shall be responsible for all community areas.
20. The mandatory homeowners association must include rules that regulate and control the
following:
. Each unit sha\1 have a two-car garage.
. Garages are restricted to vehicle parking only.
. No more than 10% of the total units may be leased by individual owners at a time and
for no term less than one year in duration.
21. The existing homes on-site shall be demolished within 90 day of final approval of
rezonmg.
Honorary Mayor Krusac stated this is a public hearing and asked for public comment, and the
oath was administered to at least one person by Mr. Cochran.
Honorary Mayor Krusac recognized Mr. Ken Harris, residing at 1335 Cooper Lake Road, and Mr.
Harris expressed concerns about the affect of nearby development on the value of his property.
(D) Annexation request (100% of owners requesting annexation) - 1.9 acre tract - Land Lot
532, Parcels 2 and 14, 17th District, 2nd Section, Cobb County - 13 I 5 Cooper Lake Road
and 1331 Cooper Lake Road - Jeanell P. Arceneaux
Mr. Wright stated the submitted legal description was reviewed by staff and found to be in order.
Honorary Mayor Krusac stated this is a public hearing and asked for public comment. There was
none.
MOTION: Council Member Wood made a motion to approve annexation request for a 1.9 acre
tract in Land Lot 532, Parcels 2 and 14, 17th District, 2nd Section, Cobb County at 1315 Cooper
Lake Road and 1331 Cooper Lake Road for Jeane\1 P. Arceneaux to become a part of Ward 7 of
the City with an effective date of May 1, 2008. The motion was seconded by Council Member
Newcomb. Motion was approved 7 - O.
(E) Annexation request (100% of owners requesting annexation) - .4 acre tract - Land Lot
532, Parcel 18, 17th District, 2nd Section, Cobb County - 1333 Cooper Lake Road -
Nwabuonu Osakwe
MOTION: Council Member Wood made a motion to approve annexation request for a 4 acre
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tract in Land Lot 532, Parcel 18, 17th District, 2nd Section, Cobb County at 1333 Cooper Lake
Road for Nwabuonu Osakwe to become a part of Ward 7 of the City with an effective date of l
May I, 2008. The motion was seconded by Council Member Newcomb. Council Member
Newcomb pointed out that the two annexations on the agenda for this meeting are being
considered at the request of the respective property owners. Motion was approved 7 _ O.
(F) Final vote - Rezoning Request Z07-025 - 2.3 acre tract - Cobb County R-20 to City R-12
Conditional - 1315 Cooper Lake Road, 1331 Cooper Lake Road and 1333 Cooper Lake
Road - Nwabuonu Osakwe and Jeanell Arceneaux
Council Member Lnenicka asked Mr. Richards what steps he plans to take to minimize the impact
of adjacent development on Mr. Harris' property. Mr. Richards stated a 15' buffer is planned on
any property lines of the subject tract contiguous to Mr. Harris' property. Mr. Richards suggested
that if the real estate market improves in the near future it is possible that acquisition of Mr.
Harris' property could be considered. Mr. Richards expressed the view that the planned houses
will be of good quality and are likely to be regarded favorably by surrounding residents. Mr.
Richards stated that two dilapidated structures on the property will be demolished. Mr. Harris
pointed out that there is a well on the subject tract.
MOTION: Council Member Wood made a motion to approve Rezoning Request Z07-025 for a
2.3 acre tract from Cobb County R-20 to City R- I 2 Conditional at 1315 Cooper Lake Road, 133]
Cooper Lake Road and 1333 Cooper Lake Road for Nwabuonu Osakwe and Jeanell Arceneaux
subject to conditions as formulated by staff and read into the record by Mr. Suddreth and
reasonable efforts to cooperate with the adjacent property owner. The motion was seconded by
Council Member Pritchett. Motion was approved 6 - I with Council Member McNabb in
opposition.
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(G) Public Hearing - Rezoning Request 208-001 - 1.758 acre tract - Concord Road - R-15 to
CBD - Laurel Commons, LLC
Mr. Wright stated the purpose of the rezoning is the construction of a parking lot with 120 spaces
for a three-level mixed use building which is proposed for construction on adjacent property. Mr.
Wright stated the applicant has attempted top assemble ten parcels, and the rezoning under
present consideration would apply to six of them. Mr. Wright stated the rezoning would entail a
change in land use from moderate density residential to mixed use classification. Mr. Wright
stated PZB recommends approval of the rezoning and staff supports the request subject to a
number of conditions.
Mr. Suddreth provided details to those present concerning this rezoning request. Mr. Suddreth
stated staff considers the plan for the subject property to be an extension of the Laurel Commons
development consisting of several phases. Mr. Suddreth discussed the conditions of this rezoning
request. Mr. Suddreth stated the applicant is in agreement with the rezoning stipulations.
Honorary Mayor Krusac stated this is a public hearing and asked for public comment, and the
oath was administered to several persons by Mr. Cochran.
Council Member McNabb recognized Mr. Kevin Moore, and Mr. Moore provided details to those
present concerning the purpose of the requested rezoning. Mr. Moore stated the developer has
succeeded in arranging an assemblage of six parcels and does not wish to ask the owners to
continue to wait to make the purchase final. Mr. Moore stated the applicant is agreeable to
demolition of existing structures on the subject property within 90 days. Mr. Moore stated the
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April 21, 2008
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applicant is agreeable to a special stipulation which states no development permit will be issued
until the adjoining parcels are acquired, brought into the master plan and rezoned. At Council
Member McNabb's request, Mr. Moore discussed the proposed composition of the mixed-use
development. Council Member McNabb asked if the parking structure could be designed in such
a way as to minimize loss of trees, and Mr. Moore stated the developer is willing to work with
City staff to try to save specimen trees. Council Member McNabb asked if an agreement for
parking or development has been reached with Dr. Weiss. Mr. Moore stated some discussions
have taken place, but there is no agreement at this time.
Honorary Mayor Krusac recognized Mr. Kevin Williamson, residing at I 191 Medlin Street, and
Mr. Williamson asked if the entrance to the proposed structure can be relocated. Mr. Williamson
expressed concerns about the proposed placement of a dumpster and associated noise from trucks
emptying it.
Honorary Mayor Krusac recognized Ms. Felicia Jackson, and Ms. Jackson stated she is presently
not interested in selling the remaining four parcels she owns which are associated with the plan
under discussion.
Honorary Mayor Krusac recognized Dr. Mel Weiss, owner of property at 1239 Concord Road,
and Dr. Weiss provided details to those present concerning a redevelopment plan that includes
that property. Dr. Weiss stated there is no agreement of any kind with the developer and that he
has no intention of selling his property. Dr. Weiss stated he is neutral regarding the rezoning
proposal under present consideration.
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Council Member McNabb asked Mr. Suddreth which property is being considered for future
inclusion in the overall plan, and Mr. Suddreth advised the property discussed is Ms. Jackson's.
Council Member McNabb stated special stipulation #16 will be amended to make specific
reference to Ms. Jackson's property.
Council Member Newcomb pointed out that properties in the Concord Road Overlay District
must comprise at least five acres to be considered for rezoning and redevelopment.
MOTION: Council Member McNabb made a motion to approve Rezoning Request Z08-001 for
a 1.758 acre tract at 1180,1190, 1200 and 1204 Medlin Street and 3061 and 3075 Pickens Street
from R-15 to Central Business District for Laurel Commons III, LLC subject to the following
stipulations:
Standard Conditions (items I, 2, 3, 4, 8, 9, 10, 16 and 17 from Section 120 I of the Zoning
Ordinance are not applicable)
1. The storm water detention plan shall be designed to create at least a 10%
reduction in a 2-year to 100-year storm event. The City Engineer shall approve
all plans. Any detention pond shall be placed and screened appropriately to be
unobtrusive to homes adjacent to the development.
2. All utilities within the development shall be underground.
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3.
The developer shall be responsible for any traffic improvements (including
additional right-of-way dedications) deemed necessary by either the City or the
County during construction plan review. Sidewalks shall be provided by the
developer inside the subdivision and outside the subdivision adjacent to any
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public right-of-way consistent with City's requirements for the extent of the
development. A grass buffer with a minimum width of 2' shall be provided
between the back of curb and sidewalk.
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4. No debris may be buried on the subject parcel.
5. The developer will install decorative streetlights within the development, subject
to approval by the City Engineer. Utilization of low intensity, environmental
type lighting, the illumination of which shall be confined within the perimeter of
the subject property through the use of "full-cutofflighting".
6. The developer will comply with the city's current tree ordinance. All required
tree protection measures shall be adhered to by the developer during
construction.
7. All landscape plans must be prepared, stamped, and signed by a Georgia
Registered Landscape Architect for any common areas or entrances. There shall
be a landscaped front entrance, with monument, indicating the name of the
development.
8. All common areas are to be sodded, and landscaped. Irrigate as appropriate.
Special Conditions
9.
The development shall maintain the following setbacks:
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Front - 12'
Street Side- 12'
Interior Side - 5'
Rear - 12'
10. There shall be no bells, whistles, or outdoor loud speakers permitted on site.
I I. Any proposed dumpsters shall be surrounded by a three-sided brick or stucco
enclosure with an opaque gate in the front. The lid of the dumpster shall be made
of rubber. The location of the dumpsters on the site plan dated 2/13/2008 is not
acceptable and the applicant will have to work with staff to find a more suitable
location.
12. The parking lot shall provide landscape islands after every tenth parking space
the design of which must be approved by the City of Smyrna. A landscape strip
shall also be provided between all head-to-head parking spaces.
13. The appl icant shall work with staff to adequately screen the parking lot from
adjacent residential property. Approval of the screening plan for the parking lot
must be obtained from the Community Development Department.
14.
The right-of-way along Pickens Street shall be increased to 50 feet to match other
residential road right-of-ways. Therefore, a dedication of 10 feet is required for
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the Pickens Street right-of-way. Setbacks shall be taken from the new right-of-
way.
15.
Approval of the Subject Property for CBD shall be conditioned upon the
development of the property in substantial compliance with the submitted site
plan dated 2/13/2008. If applicant requests that any portion of the site plan be
changed, the applicant will be required to seek approval from Mayor and Council
through a zoning amendment.
16. No development permits shall be issued for the subject property until the four
parcels on Concord Road currently owned by Ms. Felicia Jackson are acquired,
rezoned and joined to the six subject parcels.
17. The existing houses on the subject property shall either be boarded up in 30 days
or preferably demolished within 90 days from the date of final approval for the
rezonmg.
The motion was seconded by Council Member Pritchett. Motion was approved 7 - O.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
There was none.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of April 4,2008 minutes
(B) Approval of Cobb County Comprehensive Transportation Plan
(C) Award Bid # 8-021 for a replacement dump truck for the street division of Public Works
to Allan Vigil Ford for $66,536
(D)
Award bid for replacement ladder truck to the low bidder, Ten-8 Fire and Safety
Equipment, Inc. in the amount of $844,012.13 and the bid for loose equipment for the
truck to the low bidder on each line item, which breaks down as follows: Ten-8 Fire and
Safety Equipment Inc. in the amount of$13,048.12; Georgia Fire Rescue Supply in the
amount of $12,33 I .40; North Alabama Fire Equipment Co. in the amount of $1 ,620.21;
and American Safety and Fire House in the amount of$58,286.00; and authorize the
Mayor to execute related documents to complete the purchasing and financing of these
items - Replacement Ladder Truck and Loose Equipment
(E)
Approval of temporary road closure for a neighborhood party in the vicinity of
Hawthorne Circle on Saturday, April 26, 2008 from 11 am until 3 pm
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(F) Authorize the Mayor to execute an agreement for acquisition of property at 2525 Ward
Street
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MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Smith. Motion was approved 7 - O.
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Miller, who had no report.
Council Member Newcomb recognized Mr. Suddreth, who provided details to those present
concerning recent construction permit activity in the City. Mr. Suddreth pointed out that the
adoption of the revised tree ordinance coincides with Earth Day tomorrow.
Council Member Anulewicz recognized Mr. Corey, and Mr. Corey provided details to those
present concerning positions for which the City is presently recruiting. Mr. Corey provided
details to those present concerning the Administrative Professionals Day luncheon planned for
Wednesday.
Council Member McNabb recognized Mr. Stokes, and Mr. Stokes provided details to those
present concerning current Public Works Department projects.
Council Member McNabb recognized Ms. Kirk, and Ms. Kirk provided details to those present
regarding the Adopt-a-Mile cleanup program. Ms. Kirk reported that KSB will be collecting old
athletic shoes for recycling at the Jonquil City Jog. Ms. Kirk commended Honorary Mayor
Krusac for his volunteer beautification efforts and stated he is an accomplished young man.
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Council Member McNabb commended Honorary Mayor Krusac on the exemplary manner in
which he has handled the evening's proceedings.
Council Member Smith recognized Ms. Bennett, and Ms. Bennett provided details to those
present concerning upcoming City events. Ms. Bennet stated sponsors for the Jonquil City Jog
include Georgia Power, Marietta Daily Journal, Step It Up Fitness, Kenny's Key Lime Pies,
Glenda Baker and Associates, Northwest Exterminators, Waste Management, Fisher
Orthodontics, Community Bank of the South, Emory Adventist Hospital, Cohutta Water, Run For
Life, Great Harvest Village Health and Chik-fil-a.
Council Member Smith recognized Mr. Seigler, and Mr. Seigler provided details to those present
concerning current and upcoming programs and events for the City Library. Mr. Seigler thanked
Ms. Linda Evans for her leadership as president of Friends of the Smyrna Library (FSL) for seven
years, and congratulated new president Mr. Jim Wooten.
Council Member Smith recognized Mr. Ciaccio, who provided details to those present concerning
upcoming Parks and Recreation Department events and activities.
Council Member Smith commended Honorary Mayor Krusac for his handling of this meeting and
his civic-mindedness.
Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those
present concerning the recent Climb Atlanta 2008 event for the benefit of the American Lung
Association.
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Council Member Lnenicka recognized Chief Hook, who provided details to those present
concerning recent police operations.
Council Member Lnenicka reminded everyone that there will be a ceremony at the Veterans
Memorial on Memorial Day and provided details regarding the program of events. Council
Member Lnenicka reminded everyone that commemorative pavers are still available for the
Veterans Memorial. Council Member Lnenicka complimented Honorary Mayor Krusac on the
capable manner in which he conducted the evening's proceedings.
Council Member Wood recognized Mr. Boyd, and Mr. Boyd provided details to those present
concerning the City's rebate program for installation of low water use toilets. Council Member
Wood advised that the budget process is still continuing. Council Member Wood announced that
there will be a fundraising concert event for the Taylor-Brawner Foundation soon. Council
Member Wood commended Honorary Mayor Krusac for doing a fine job conducted the council
meeting and wished him luck on his future endeavors.
CITIZENS INPUT:
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Honorary Mayor Krusac recognized Ms. Donna Woodham, residing at 26 I 6 Hughes Street, and
Ms. Woodham expressed opposition to the redevelopment plan for Belmont Hills as proposed by
the property owner. Ms. Woodham stated a large-scale mixed-use project such as the one
planned is not needed in Smyrna. Ms. Woodham stated she would like to see a village-of-the-
green type development in the subject area. Ms. Woodham referenced a waterway in the subject
area which needs protecting and stated there is an apartment moratorium in place which would
prohibit construction of rental housing at Belmont Hills as proposed. Ms. Woodham provided a
letter to the present officials in which her ideas for a redevelopment plan are set forth.
Honorary Mayor Krusac recognized Mr. Ben Railings (phonetic), residing at 127 Westchester
Drive, and Mr. Railings provided details to the present officials concerning his recent meeting
with the Cobb County commission chairman and the county manager regarding traffic safety
questions in the area of East- West Connector and Camp Highland Road. Mr. Railings thanked
the present officials for the interest they have shown in this matter. Council Member Lnenicka
stated City officials and staff have also commun icated with their counterparts at Cobb County
regarding this matter. Mr. RaIlings commented favorably about the positive tone of his recent
discussion with the two County representatives.
Honorary Mayor Krusac recognized Mr. Steve Martin, residing at 155 Westchester Drive, and
Mr. Martin thanked the present officials for the interest they have demonstrated in connection
with the concerns discussed by Mr. Railings. Mr. Martin stated that Mr. Railings and other
concerned persons are only trying to provide the County Transportation Department with
constructive feedback about traffic problems in the subject area. Mr. Martin expressed the view
that the safety problem described also affects pedestrians and bicyclists as well as motorists. Mr.
Martin expressed the view that he has not received a satisfactory explanation from County
representatives as to why no traffic signal or other control devices have been installed as
suggested.
Mr. Wright complimented Honorary Mayor Krusac on his poise and maturity.
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Honorary Mayor Krusac stated it has been his honor and pleasure to serve as honorary mayor this
evening and as student government president at CHS. Honorary Mayor Krusac thanked everone
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for attending this meeting, and expressed the view that it is important for citizens to take an active
role in government.
ADJOURNMENT:
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With no further business, the meeting was adjourned I 0:03 at p.m.
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TERI ANULEWI Z, WARD 3
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CHARLES PETE WOOD, WARD 7
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RON NEWCOMB, WARD 2
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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 532
Acres -----L2.
2007-19
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 100 percent of the land 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 April 21. 2008 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
"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
April. 2008
day of
A. Max Bacon, Mayor
~)D.~
Sus n D. HIott, CIty Clerk
City of Smyrna
J~
Scott A. Cochran, City Attorney ~
City of Smyrna
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Ordinance # 2007-19 Exhibit "A"
AI.L THAT TRACT OR PARCEL OF LAND L VING AND BEING IN LAND LOT 532, 17TII DISTRICT, 2NIl SECTION,
COBB COUNTY, GEORGIA, BEING MORE PARTICUI.ARLV DESCRIBED AS FOI.LOWS:
TO REACH TilE POINT OF BEGINNING, BEGIN AT THE COMMON CORNER OF I.AND LOTS 531,532,5-49 AND
550; RUNNING THENCE SOUTH 89 DEGREES 57 MINUTES 51 SECONDS WEST 422.0 FEET TO THE POINT OF
BEGINNING; RUNNING THENCE SOUTH 00 DEGREES 12 MINIITES 09 SECONDS WEST 390.86 FEET TO A POINT
(CRIM P TOP FOUND); RUNNING THENCE NORTH 74 DEGREES 18 MINUTES 57 SECONDS WEST 99.96 FEET TO A
ONE INCn SOLID ROD; THENCE NORTH 73 DEGREES 04 MINUTES 46 SECONDS WEST 99.78 FEET TO A POINT
(CRIMP TOP FOUND); RUNNING THENCE SOUTH 01 DEGREES37 MINUTES 14 SECONDS WEST 203.44 FEET TO
AN IRON PIN PLACED ON THE NORTHEASTERLV RIGHT OF WAY OF COOPER LAKE ROAD; RUNNING
THENCE NORTn 75 DEGREES 09 MINUTES 15 SECONDS WEST 62.86 FEET ALONG COOPER I.AKE ROAIl;
RlINN ING THENCE NORTn 16 DEGREES 04 MINUTES 28 SECONDS EAST 220.20 FEET TO AN IRON PIN F(ll/ND;
RUNNING TIIENCE NORTH 77 DEGREES 4J MINUTES 36 SECONDS WEST 10.93 FEET TO AN IRON PIN FOl/ND;
RUNNING THENCE NORTH 12 DEGREES 54 MINUTES 30 SECONDS EAST 150.17 FEET TO AN IRON PfN FOLINO;
RUNNINGTIIENCE NORTII73 DEGREESJ2 MINUTES 11 SECONDS EAST 12.49 FEET TO AN IRON PIN FOUND;
RUNNING THENCE NORTH 24 DEGREES 56 MINUTES 07 SECONDS EAST 175.01 FEET TO A POINT (OPEN TOP
FOUND); RUNNING TIIENCE SOUTH 89 DEGREES 37 MINUTES 49 SECONDS EAST 89.97 FEET TO TilE POINT OF
BEGINNING; BEING PARCEL" A" AS SHOWN ON PLAT OF SURVEY FOR WILLIAM GAINER BRYAN BY J. A.
EVANS & ASSOC., DATED February 25,1989, BEING IMPROVED PROPERTY KNOWN AS 1331 COOPER LAKE
ROAD, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING HOUSES IN COBB COUNTY, GEORGIA.
AND
ALL 1'IIA l' TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 532, 17TH DISTRICI', 2ND SECTION,
COBB COUNTY, GEORGIA, BEING A TRACT SHOWN ON PLAT OF SURVEY PREPARED BY JOliN II. LOYD,
DATED October I 1,1963, AND RECORDED IN PLAT BOOK 27, PAGE 85, COBB COUNTY, GEORGIA RECORDS.
SAID I'LAT BEING INCORPORATED IfEREIN BY REFERENCE TIIERETO.
LESS AND EXCEPT ANY PROPERTY CONVEYED IN BOUNDARV LINE AGREEMENT RECORDED fN DEED BOOK
1094, PAGE 206, COBB COUNTY. GEORGIA RECORDS.
Said Tract comprises 1.9 acres, more or less.
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 532
Acres ----.A
2007-20
WHEREAS, the City ofSmyma 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 100 percent of the land 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 April 21. 2008 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
"A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
April.
2~~80RDAINED by tbe City Council Oftb~~ of
A. Max Bacon, Mayor
~~[).~-/
Susan D. Hiott, City Clerk
City of Smyrna
Scott A. Cochran,
City of Smyrna
orney
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Ordinance #2007-20 Exhibit "A"
ALL THAT TRACf OR PARCEL OF LAND LYING AND BEING IN LAND LOT 532
OF THE 17111 DISTRICT, 2ND SECfION, COBB COUNTY, GEORGIA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: .
BEGINNING AT AN IRON PIN LOCATED ON THE NORTHWESTERLY SIDE OF
COOPER LAKE ROAD, WHICH IRON PIN IS 535 FEET NORTHWEST FROM THE
INTERSECTION OF THE NORTBEASTERL Y SIDE OF COOPER LAKE ROAD AND THE
EASTERLY LINE OF LAND LOT 532, AS MEASURED ALONG THE NORTHEASTERLY
SIDE OF COOPER LAKE ROAD; mENCE NORTHWESTERLY AI,.ONG THE
NORTHEASTERLY SIDE OF COOPER LAKE ROAD A DISTANCE OF 100 FEET TO AN
IRON PIN; THENCE NORTH AND FORMING AN INTERIOR ANGLE OF 105 DEGREES 15
MINUTES WITH THE NORTHEASTERLY SIDE OF COOPER LAKE ROAD A DISTANCE
OF 200 FEET TO AN'IRON PIN; THENCE IN A SOUTHEASTERLY DlRECI10N AND
FORMING AN INTERIOR ANGLE OF 74 DEGREES 42 MINUTES WITH THE LAST GIVEN
LINE A DISTANCE OF 100 FEET TO AN IRON PIN; THENCE SOUTH AND FORMING AN
INTERIOR ANGLE OF 105 DEGREES 18 MINUTES WITH THE LAST GIVEN LINE A
DISTANCE OF 200 FEET TO AN IRON PIN LOCATED ON THE NORTHEASTERLY SIDE
OF COOPER LAKE ROAD AND THE POINT OF BEGINNING.
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Said tract comprises .4 acres, more or less.
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ORDINANCE No. 2008-6
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, SECTION
712, GC, GENERAL COMMERCIAL DISTRICT, CITY OF SMYRNA,
GEORGIA, BE AMENDED BY REVISING SAID SECTION IN
RELATION TO CARNIVALS, CIRCUSES AND TRANSIENT
ACTIVITIES OF A SIMILAR NATURE. BE IT ORDAINED BY THE
MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Appendix A, Zoning, Section 712.12.1, City of Smyrna, Georgia,
be amended to read as follows:
(712.12.1) Carnivals, circuses and other similar transient activities, provided that
such activities are not operated within any road right of way, easement for
vehicular access or parking lot, and provided that carnival rides, concessions,
and other such activities be conducted at least 250 feet from any residential
district.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
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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
specifically declared to be invalid or unconstitutional.
Attest:
S san D. Hiott, City Clerk
City of Smyrna
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ORDINANCE No. 2008-5
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT THE CODE OF ORDINANCES, CHAPTER 106, VEGETATION,
CITY OF SMYRNA, GEORGIA, BE AMENDED BY
REPEALING THE PREVIOUS BODY OF VEGETATION
REGULATIONS IN THEIR ENTIRETY AND SUPPLANTING THEM
WITH A REVISED VERSION. BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF SMYRNA, GEORGIA:
That Chapter 106, Vegetation, City of Smyrna, Georgia, be amended
as follows:
ARTICLE II. TREE CONSERVATION AND REPLACEMENT*
*Editor's note: Ord. No. 2003-8, adopted January 21, 2003, amended art. II in
its entirety to read as herein set out. Former art. 11,99 106-26--106-63, pertained
to tree preservation and replacement, and derived from Ord. No. 93-01, 99 1--18,
1-4-93, Ord. No. 97-03,1-27-97, and Ord. No. 98-13,10-19-98.
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Sec. 106-26. Purpose and Intent.
The intention of this section 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 section
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. The contribution of
trees to the general well being and quality of life of the citizens of Smyrna is
recognized and valued. Therefore:
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ORDINANCE No. 2008-5
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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 manage and grow the community forest.
The purpose of this article is to:
(1) Provide standards for the conservation and replacement of trees as
part of the land development process;
(2) Provide standards for the protection of trees during construction
whenever possible in order to enhance within the city; and
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(3) Provide education to the community about the value and best
management practices for community forest management.
(Ord. No. 2003-8, 1-21-03)
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. No development permit or grading permit shall be issued
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until it is determined that the proposed development is in conformance with the
provisions of the article.
(Ord. No. 2003-8, 1-21-03)
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ORDINANCE No. 2008-5
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Sec. 106-28. Exemptions.
(a) The following shall be exempt from the provisions of this article:
(1) The removal of trees from single-family or duplex lots where less than
50% of the site is affected by development activity.
(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
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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.
(5) The removal of trees, other than specimen trees, from detention
ponds and drainage easements and other publicly dedicated
easements.
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ORDINANCE No. 2008-5
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(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)
Sec. 106-29. Definitions.
For purposes of this article, the following definitions shall apply:
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Arborist means the community development director or his/her designee
responsible for administering the provisions of this article.
Boundary Tree means a tree 24 inches (dbh) or larger located on a property
adjacent to a permitting property whose critical root zone or canopy extends
more than ten percent (10%) into the permitting property. Boundary trees must
be in good health and meet the minimum requirements of Section 106-30(2).
Buffer means a landscaped open space area and/or screen for buffering
incompatible uses, as defined in Section 503 of the Zoning Ordinance.
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ORDINANCE No. 2008-5
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Buildable Area means 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.
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.
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Community Forest means a collection of all publicly and privately owned trees
located on all right-of-ways, open green spaces, undeveloped forests, parks,
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.
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 one
and one-half times the number of inches of the trunk diameter (DBH). Example:
The CRZ radius of a 20-inch diameter tree is 30 feet.
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ORDINANCE No. 2008-5
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DBH (Diameter Breast Height) means 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 feet above the ground. If a tree splits into multiple trunks
below four and one-half feet, then the trunk is measured at its most narrow point
beneath the split.
Density Factor means 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 100 inches per acre.
Development Activity means any alteration of the natural environment which
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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.
Development Permit means an official authorization issued by the Community
Development Director or his/her designee.
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ORDINANCE No. 2008-5
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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.
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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.
Overstory Trees means those trees that compose the top layer or canopy of
vegetation and will generally reach a mature height of greater than 40 feet.
Public Tree means a tree located on city property including, but not limited to,
city street rights-of-way, buildings, parks and cemeteries.
Reasonable Effort means includes, but not be limited to, alteration of building
design; alternate location of building, parking area, water retention, drainage
I pipes; or relocation of utilities in an effort to conserve specimen trees.
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ORDINANCE No. 2008-5
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Revegetation means 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 article.
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Root Plate means the area of the root zone comprised of pedestal roots, the
zone of rapid taper and roots under compression, the directional radius of which
based upon the tree trunk diameter at 4.5 feet above the ground. The root plate
will typically be represented by a concentric circle centering on the tree's trunk
with a radius equal in feet to one-half 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 1 0 feet.
Softwood Trees 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.
Specimen Tree or Stand means any tree or collective group of trees which
qualifies for special consideration for preservation due to size, type and
condition. See Section 106-30 for general criteria regarding specimen trees or
stands.
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ORDINANCE No. 2008-5
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Street Tree means any overstory tree planted within the public
easement, which is a planted three feet (3') from the back edge of the
sidewalk, running parallel to the street. An understory tree shall be
planted as a Street Tree with the presence of overhead utilities.
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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 self-supporting, woody perennial plant usually having a single
trunk.
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.
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ORDINANCE No. 2008-5
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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 4 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);
(g) Paving with concrete, asphalt or other impervious surfaces
within such proximity as to be harmful to the tree or its root
system; and
(h) Application of herbicides or defoliants to any tree without first
obtaining a permit.
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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 Protection Zone means all lands that fall outside the buildable area of a
I' parcel required to remain in open space, or all areas required as landscaping
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ORDINANCE No. 2008-5
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strips or buffers according to the Smyrna Zoning Code, conditions of zoning
approval or provisions of this article.
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.
Undesirable 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.
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Understory Tree means those trees that grow beneath the overstory, and will
generally reach a mature height of under 40 feet.
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. 2003-8,1-21-03; Ord. No. 2003-35,11-17-03)
Sec. 106-30. General Criteria for the Determination of Specimen Trees or
Stands of Trees.
(a) Specimen tree:
I (1) Any tree which equals or exceeds the following diameter sizes:
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ORDINANCE No. 2008-5
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a. 24 inch dbh - Overstory trees of the following Genus: Oak and
Beech.
b. 30 inch dbh - Overstory trees of the following Genus: Ash,
Blackgum, Cedar, Fir, Hickory, Maple, Pecan, Persimmon and
Spruce.
c. 36 inch dbh - Overstory trees of the following Genus: Pine,
Poplar and Sweetgum.
d. 10 inch dbh - Small trees such as dogwoods, redbuds,
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sourwoods, etc.
(2) A specimen tree must meet the following minimum standards:
a. A life expectancy of greater than 15 years.
b. A structurally sound trunk, not hollow and having no extensive
decay, and less than 10 percent radial trunk dieback.
c. No more than two major and several minor dead limbs
(hardwoods only).
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ORDINANCE No. 2008-5
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d. No major insect or pathological problem.
e. Relatively uniform crown distribution or correctable crown
distribution with no more than 70% of all branches on one side
of tree.
(3) A lesser sized tree can be considered a specimen tree if it is a rare or
unusual species, or of exceptional or unique quality, or of historical
significance. Requires approval from the Director of Community
Development.
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(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
Director of Community Development.
(b) Specimen tree stands: A contiguous grouping of 4 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.
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ORDINANCE No. 2008-5
(2) A stand with uniform species composition or of a rare or unusual
nature.
(3) A stand of historical significance. Requires approval from the Director
of Community Development.
(c) All surveyed trees will be inspected by an ISA certified arborist 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.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2004-24, 6-21-04)
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 permit.
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 100 inches. All trees used to
replace specimen trees shall have a minimum caliper of four inches. Any trees
planted on site to recompense specimen trees shall not be counted towards the
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ORDINANCE No. 2008-5
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 to 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 a minimum of
one tree at time of certificate of occupancy.
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ORDINANCE No. 2008-5
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(c) Trees listed on the Undesirable 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 (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 thirty percent (30%) of anyone 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.
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(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.
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(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. Street tree establishment
shall be done in accordance with the Technical Standards of this
ordinance. Tree canopy cover must meet the following minimum
requirements;
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ORDINANCE No. 2008-5
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(1) All developments shall have one (1) overstory tree planted
every forty feet (40') along all subdivision roads and cul-de-sacs, inclusive
of driveways and easements.
(2) Where overhead utility lines exist, the developer shall plant
one (1) understory tree every thirty feet (30').
(3) Where feasible, existing healthy trees greater than six inches
(6") dbh on the site or lot shall be incorporated into the required
streetscape.
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(4) 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) Street trees shall be planted in the right-of-way, three feet
(3') behind the edge of the sidewalk. If a street tree is to be planted on
private property a landscape easement must be provided. Maintenance of
the street tree is the responsibility of the property owner.
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(6) Street trees shall not be allowed in traffic vision clearance
zones designated by the Director of Community Development.
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ORDINANCE No. 2008-5
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(7)
Street 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) Street 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 use 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
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developments within the city in accordance with the provisions of this
article. The developer must still meet the parking lot requirements if the
minimum density for the site has been met. Parking lot tree
establishment shall be done in accordance with the Technical Standards
of this ordinance. Tree canopy cover must meet the following minimum
requirements;
ill A sufficient number of trees must be planted in interior
portions of parking lots so that every parking space must be within fifty
feet (50') of the trunk of a tree to assure uniform distribution of trees
throughout the parking area.
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ORDINANCE No. 2008-5
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m 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.
m Light poles are not permitted in parking lot islands,
peninsulas and medians unless a lighting plan is submitted for review
and approval by the Director of Community Development.
i1l All street yards shall be planted with one tree for each forty
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(40') linear feet exclusive of driveways, access ways and sight distance
triangles.
@ 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.
@ Parking lot or street yard 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
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the site has been satisfied.
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ORDINANCE No. 2008-5
(Ord. No. 2003-8, 1-21-03; Ord. No. 2004-37, 12-20-04)
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.
(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
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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."
(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 1 06-50).
(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.
(g) Existing specimen trees may count toward the minimum tree density
requirements if land disturbance occurs within no more than 20 percent
of the CRZ and no disturbance occurs within the specimen tree's root
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plate. The developer shall provide a tree bond, letter of credit or another
form of fiscal surety approved by the city for a period of five years. The
developer shall establish a two-year tree bond or letter of credit, which
shall be automatically renewed for a period of five years. This bond/letter
of credit shall be equal to the inch per inch replacement cost of the
specimen tree, in addition to the removal cost of the same tree. The
project landscape architect will take a photographic record of the
condition of the specimen tree within 30 days after the Tree Preservation
and Tree Replacement Plan have been approved for construction. The
tree bond/letter of credit and the photographic record of the condition of
the specimen tree must be submitted to the Department of Community
Development prior to the issuance of a development permit. When the
bond/letter of credit is requested to be released, the city will review the
photographic record of the tree five years prior and compare it to the
current condition of the tree to determine the release of the bond/letter of
cred it.
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ill A developer may encroach in more than 20 percent of the
critical root zone of a specimen tree at the discretion of the Community
Development Director. The developer must provide following information
to the Department of Community Development prior to seeking approval to
encroach more than 20% into the critical root zone of a specimen tree:
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a. A tree protection plan showing the type of encroachment,
the amount of critical root zone disturbance and any other
potential impacts.
b. A letter from a certified arborist reporting on the current
health of the tree.
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c. An implementation plan. The developer shall provide an
implementation plan to remedy the encroachment into the
critical root zone. The implementation plan may include,
but not limited to prescribed treatments by professional
tree workers (i.e. aeration, root pruning, provision of
supplemental nutrients and pruning the crown), alternative
construction methods and alternative building footprints.
The implementation plan must provide details pertaining to
the services provided, the date and time each service will
be provide and etc.
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d. A tree bond, letter of credit or other forms of fiscal surety
approved by the city is required for a period of five years.
The developer shall establish a two-year tree bond or letter
of credit, which shall be automatically renewed for a period
of five years. This bond/letter of credit shall be equal to the
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inch per inch replacement cost of the specimen tree, in
addition to the removal cost of the same tree.
(Ord. No. 2003-8, 1-21-03; Ord. No. 2004-37, 12-20-04)
Sec. 106-33. Application Requirements.
When a person applies for a development permit, such person shall
provide the following information:
(1) A complete tree sUNey and inventory plan, as specified in Section
1 06-34.
(2) A complete tree protection plan, as specified in Section 106-36. This
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plan shall be an integrated site plan showing specimen trees with their
root plates and critical root zones, boundary trees 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, 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 unacceptable
replacement trees is provided in the Technical Standards of the Smyrna
Tree Ordinance -- Undesirable Tree Species List.
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(Ord. No. 2003-8,1-21-03)
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Sec. 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.
(Ord. No. 2003-8, 1-21-03)
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
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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 labeled and verified by an ISA certified arborist 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 an ISA certified arborist for specimen
condition. A copy of the arborist's report detailing the specimen condition of each
specimen-sized tree must be included on the plan; letter-sized reports stapled to
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the plan will not be accepted.
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(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 (6") or greater are to be identified as
eligible for density compliance purposes.
(d) 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.
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(e) Sampling methods may be used to determine tree densities for forested
areas over five acres. The minimum sampling area shall be one acre.
(f) 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
Community Development Director.
(g) The tree survey 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.
(Ord. No. 2003-8,1-21-03)
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Sec. 106-35. Tree Survey Inspection.
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Following the receipt of the completed tree removal application, tree
survey plan and supporting data, the Department of Community Development
shall schedule and conduct an inspection of the proposed development site
within ten working 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)
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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.
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(c) The tree protection plan shall be submitted as a separate drawing.
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(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 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.
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(4) Locations of all specimen trees and boundary trees with aAG their root
plates and critical root zones (CRZ's). Indicate those specimen trees
proposed for removal or for conservation. Removal of specimen trees is
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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.
(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.
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(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.
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(9) 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
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protection fence shall indicate a length in feet to aid in accurate tree fence
locations.
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(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 six inches (6") 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.
(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.).
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(15) 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
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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 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
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removal of impervious surfaces or structures.
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Buffers shall be replanted subject to Community Development
Department approval.
(Ord. No. 2003-8, 1-21-03)
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 may be
included as a part of the tree protection plan or may 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 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, and must be in good vigor, must have radially symmetrical branching
with a dominant leader, and must have no less than four feet (4') between
planted grade and lowest branch on the trunk for a two inch (2") caliper tree in
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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.
(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.
(e) All replanted overstory trees shall have a trunk of not less than three caliper
inches. All replaced understory trees shall have a trunk of not less than two
inches. All planting area must have a minimum width of eight-feet (8') 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.
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(h) 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. This
includes the removal of any portion of the tree stump above the original natural
grade or elevation of land.
(i) All existing trees and planted trees must maintain a mlnrmum spacing
between trees. There must be a minimum spacing of twenty-five feet (25')
between overstory trees and any other tree. There must be a minimum spacing
of fifteen feet (15') between understory trees. There must be a minimum spacing
of ten feet (10') between evergreen screening trees. These spacing requirements
may be adjusted upon approval from the Community Development Director.
(Ord. No. 2003-8, 1-21-03)
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 Department
of Community Development for review and approval.
(b) All tree protection and tree replacement plans and related documentation
shall be reviewed by the Department of Community Development for
conformance to the provisions of this article and either approved or denied. If
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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 land disturbance,
including the 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 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 Department of Community Development may make unscheduled
inspections before and during development to ensure protection of trees, critical
root zones and buffer zones.
(Ord. No. 2003-8, 1-21-03)
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Sec. 106.39. Removal of Trees--Conditions and Exceptions.
(a) Tree removal shall be disallowed 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.
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(2) 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.
(b) Exceptions. Tree removal from a site may be allowed if:
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(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 oftree.
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(2) The tree is diseased or structurally unsound.
(3) The tree is injured and/or poses an imminent danger.
(4) The tree interferes with existing utility service.
(5) The tree creates an unsafe vision clearance for vehicular movement.
(c) Trees must be relocated or replaced on site In accordance with the
provisions of this article.
(d) Existing Trees. Any existing trees of not less than six inches dbh left in good
growing condition on the property shall be counted toward the minimum density
required. All replacement trees will be maintained properly to ensure their
survivability.
(e) Oebris 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.
(f) It is required that all reasonable efforts (see definition) be made to save
specimen trees.
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(Ord. No. 2003-8,1-21-03)
Section 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 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, including
removal of impervious surfaces or structures, the developer shall be required to
erect suitable protective barriers as required by the Department of Community
Development, including tree fences, tree protection signs, and erosion barriers
until completion of site landscaping. 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. 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.
(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:
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a.
A six-foot chain link fence around the critical root zone with
the support posts for the fencing spaced 6' on center. No gates, doors or
openings shall be permitted as part of the fencing.
b. 4" to 6" 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. An automatic above ground irrigation system. There shall be
no underground irrigation system installed within the tree protection zone.
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d.
Signage must be place every 50' 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
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inch replacement cost of the boundary tree. The developer shall
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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.
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I. If all the replacement trees can not be planted on-site,
the developer shall pay the remaining balance to the
Smyrna Tree Bank.
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c. The developer or project landscape architect shall also submit a
photographic record and an assessment completed by an ISA
certified arborist of the boundary to the Department of
Community Development prior to the issuance of a development
permit. This documentation will serve as a baseline for the
determination as to whether the boundary tree has failed to
survive or is in a state of irreversible decline due to the
permitted activity.
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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.
e. Notice shall be provided to the property owner whose property
contains the boundary tree which, the notice shall include notice
of the bond or letter of credit and a copy of the boundary tree
provisions of this ordinance.
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f. At any time prior to a determination authorizing the release of
the bond or letter of credit to the applicant pursuant to Section
(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 here under at the address provided at
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the time of the development permit application, or at any
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alternative address subsequently designated by the applicant to
the Community Development Director in writing, via first class
and certified mail. Within thirty (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 ordinance. Should the Community Development
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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 timely filed, 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 (1) time in any eighteen (18) month period.
g. After five (5) years from the date of the establishment of the
bond or letter of credit, unless otherwise disbursed pursuant to
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Section (f) above, the applicant shall have the right to petition
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the Community Development Director for the release of all
bonds or letter of credit held by the Department of Community
Development 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 thirty
(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 Ordinance. Should the Community
Development Director determine that the 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.
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(c) In addition to fencing, where 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.
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(Ord. No. 2003-8,1-21-03; Ord. No. 2004-37,12-20-04)
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, and
highways, in 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
I' activity on private property that directly or indirectly adversely affects the health,
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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 city may require the person responsible for the damage to
pay a fine equal to the appraised value of the tree, the cost of repairing the
damage, and/or the cost of restoring the site to its original condition or as near as
possible to its original condition.
(c) The value of a city tree shall be equal to the inch per inch value.
(d) 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)
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 accepted National Arborists
Association Standards, or replaced with a six-inch (6") caliper tree. If the
Community Development Director deems the damaged tree to be a hazardous
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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 pervious 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)
Sec. 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
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)
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)
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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 Department of
Community Development within ten days after the decision of the Community
Development Director or their designee.
(Ord. No. 2003-8,1-21-03)
Sec. 106-45. Withholding of Certificate of Occupancy.
The Community Development Director may withhold the issuance of the
I required certificate of occupancy, or permits and inspections, for any
development as required until the provisions of the article have been fully met.
(Ord. No. 2003-8, 1-21-03)
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 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
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to this article, 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
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performed without the permit being displayed as required in Section 160-47, 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 persons in the business
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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 article.
(Ord. No. 2003-8, 1-21-03)
Sec. 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 Community Development
I" Director to inspect the permit and activities at any time, and such entry shall be
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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)
Sec. 106-48. Fees.
Each applicant requesting a permit under the provisions of the Smyrna
Tree Ordinance shall deposit with the city a fee of $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.
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Provided, further, that a nominal fee shall be charged on any application
where the Community Development Director, or their designee, needs to review
the plan to determine that the tree(s) meet the exception criteria contained in
Section 106-28.
(Ord. No. 2003-8, 1-21-03)
Sec. 106-49. Penalty.
Any person, firm or corporation violating any provisions of this article shall
be punished as described herein and in addition thereto may be enjoined from
continuing the violation.
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(a)
(b)
(c)
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A violation of this article shall be punishable by a fine of one
thousand dollars ($1,000.00) per occurrence. Each tree cut,
damaged or poisoned shall constitute a separate offense.
In the event that a tree is damaged or removed in violation of
this article, the violator(s) shall make a donation in the amount
of $100.00 an inch per damaged or removed tree to the Smyrna
Tree Bank.
In the event that a tree must be removed in violation of this
article, violator(s) shall be subject to replace the tree with a six-
inch (6") caliper tree. Furthermore, the location and extent of the
tree's critical root zone shall permanently remain in a pervious
state with no structures or buildings placed on it.
In addition to (a), (b) and (c), upon notice from the Community
Development Director, work on any development that is being
done contrary to the provisions of this article shall immediately
cease. The stop-work notice shall be in writing and go to the
owner of the property, or to their agent, or to the person doing
the work, and shall state the conditions under which work may
be resumed. When an emergency exists, the Community
Development Director shall not be required to give written notice
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prior to stopping the work. Further, in the event that work on any
development is being done contrary to the provisions of this
article, the Community Development Director may revoke any
permit pertaining to the development activity for which the land
disturbance permit has been issued and may refuse to issue
any further permit until, at the discretion of the Community
Development Director, the work on the development is brought
into compliance with the provisions of this article or all penalties
have been paid.
(Ord. No. 2003-8, 1-21-03)
Sec. 106-50. Tree Replacement Fund.
On January 4, 1993 the Smyrna City Council adopted the Tree
Preservation and Protection Ordinance. The tree replacement fund 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
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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
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 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
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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)
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.
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(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 chapter.
(Ord. No. 2003-35, 11-17-03)
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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
specifically declared to be invalid or unconstitutional.
Approved by Mayor and Council this 21st day of April, 2008.
A. Max Bacon, Mayor
Attest:
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Sus n D. Hiott, City Clerk
City of Smyrna
Approved as to form:
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