HomeMy WebLinkAboutORD 18-04-348 - 04/23/2018 - TREE CANOPY CONSERVATIONSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-04-348
AN ORDINANCE TO AMEND CHAPTER 60 - "TREE CANOPY CONSERVATION
ORDINANCE" OF THE CITY OF CODE OF ORDINANCES.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly
called council meeting on April 23, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Chapter 60 of the City of Milton
Code of Ordinances is hereby adopted and approved; and is attached
hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict
herewith are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 23rd day of April, 2018.
Attest:
/0
Sudie AM Gordon, City �lerk
i
Joe Lockwood, Mayor
City of Milton, Georgia
Chapter 60 — Tree Canopy Conservation
Ordinance
Adopted
April 23, 2018
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Table of Contents
ARTICLEI. IN GENERAL.......................................................................................... 1
1. Title....................................................................................................................................................1
2. Community Forest Vision and Goals.................................................................................................1
3. Purpose and Intent............................................................................................................................1
4. Administrator....................................................................................................................................2
5. Applicability and Exemptions............................................................................................................2
6. Tree Conservation Manual................................................................................................................3
7. Definitions.........................................................................................................................................3
8. Protected Trees...............................................................................................................................10
9. Specimen Trees...............................................................................................................................11
10. Heritage Trees.............................................................................................................................12
11. City of Milton Tree Species List...................................................................................................14
12. City Tree Management................................................................................................................15
13. Hazardous Trees on Private Property..........................................................................................15
14. Variances.....................................................................................................................................15
15. Appeals........................................................................................................................................16
16. Inspections..................................................................................................................................17
17. Enforcement................................................................................................................................18
18. Notice of Violation.......................................................................................................................18
19. Stop Work Order.........................................................................................................................19
20. Fines and Penalties......................................................................................................................20
ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ......................................... 20
21. Tree Canopy Management..........................................................................................................20
22. Tree Canopy Priorities.................................................................................................................20
23. Tree Canopy Cover Requirements..............................................................................................21
24. Tree Removal Permit...................................................................................................................21
25. Tree Canopy Replacement..........................................................................................................24
ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ................................... 26
26. Tree Canopy Management..........................................................................................................26
27. Tree Canopy Priorities.................................................................................................................26
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Chapter 60. - Tree Canopy Conservation Ordinance
28. Tree Canopy Plan.........................................................................................................................26
29. Tree Canopy Cover Requirements..............................................................................................30
30. Required Tree Locations..............................................................................................................34
31. Topped Trees...............................................................................................................................38
32. Minimum Landscape and Maintenance Requirements..............................................................38
33. Landscape Performance Bond.....................................................................................................39
34. Certificate of Occupancy and Final Plat Approval.......................................................................40
35. Alternative Compliance...............................................................................................................40
36. Tree Canopy Fund.......................................................................................................................42
37. Timber Harvesting.......................................................................................................................42
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
ARTICLE I. IN GENERAL
1. Title
1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of
Milton, Georgia or the "tree ordinance".
2. Community Forest Vision and Goals
2.1. The City of Milton's natural and extensive tree canopy provides significant benefits
and irreplaceable value to our quality of life.
2.2. The city is committed to managing its community forest to continually improve the
quantity and quality of its vital green infrastructure.
2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57
percent existing as of March 2017, and to further achieve an average of 60 percent
tree canopy cover across the city by 2033.
2.4. The city aims to measure average tree canopy cover across the city every 5 years
using the latest GIS technology and use the results to evaluate the effectiveness of
the tree ordinance and other tree management programs and policies in achieving
the city's tree canopy goals.
3. Purpose and Intent
3.1. The purposes of the tree ordinance are to:
a. Create a living and working environment for Milton's citizens and visitors
that is attractive, healthy and safe;
b. Manage and utilize trees for the economic, environmental, and social
functions and benefits they provide; and,
c. Provide a framework for accomplishing the goals and objectives in the City's
comprehensive plan and other community, environmental and conservation
ordinances, plans and policies.
3.2. The intent of this ordinance is to:
a. Promote human, environmental and economic health within the community;
b. Promote shared responsibility by all property owners to contribute to tree
canopy cover; and,
c. Establish the minimum amount of regulations that will achieve the vision and
goals of the city and produce the desired outcomes.
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Chapter 60. - Tree Canopy Conservation Ordinance
4. Administrator
4.1. The director of the community development department or his/her designated
agent(s) shall be the administrator of the tree ordinance.
4.2. The city arborist shall be the primary agent responsible for the administration of
the tree ordinance for the administrator.
4.3. The administrator shall have the authority to waive any provision of this tree
ordinance where such waiver is consistent with the purpose and intent of this
ordinance and is in the best interest of the public health, safety and welfare. The
following factors shall be considered in evaluating the waiver request:
a. Whether a literal enforcement of the tree ordinance will create an undue
hardship or an unreasonable practical difficulty on the applicant;
b. Whether the situation causing the undue hardship or practical difficulty is
unique to the affected lot and is not self-imposed;
c. Whether a reasonable accommodation or alternative solution can be made
to accomplish the desired activity without the alteration of the tree;
d. Whether the waiver will injure or be wholly compatible with the use and
future or existing development of adjacent properties;
e. Whether the increased development costs caused by conserving the tree
create an undue hardship on the development of the lot;
f. Whether there is any identified adverse effect of the alteration or
conservation on erosion, soil moisture retention, flow of surface water, and
drainage systems;
g. Whether there is any substantial impact to the buffering of residential areas
from the noise, glare, and visual effects of non-residential uses.
h. The costs versus the benefits of relocating required utility service
infrastructure and easements based on the conservation or alteration of
protected trees;
i. Whether the proposed tree replacement procedures adequately mitigate the
alteration of the tree;
j. Whether the alteration adversely affects public health, safety and welfare;
k. Whether the granting of the waiver will be in harmony with the purpose and
intent of the tree ordinance to the greatest degree reasonably possible.
5. Applicability and Exemptions
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
5.1. The terms and provision of the tree ordinance shall apply to:
a. All real property within the City of Milton unless otherwise exempted herein;
b. Any activity that requires the issuance of a land disturbance permit, building
permit, demolition permit, right-of-way encroachment permit or tree
removal permit;
c. Any activity that requires a certificate of occupancy, minor plat approval,
certificate of conceptual plan approval, or final plat approval; and,
d. All protected trees.
5.2. The activities, properties and trees that are exempt from the requirements of the
tree ordinance are:
a. Removal of trees posing an imminent threat or under emergency conditions;
b. Commercial tree nursery and tree farm operations;
c. Trees directed to be removed by municipal, county, state or federal
authorities pursuant to law; and,
d. City trees removed or pruned by utility companies as part of routine
vegetation management activities, except that all removal and pruning shall
be done in accordance with the arboricultural standards set forth in the tree
conservation manual.
5.3. A summary of tree ordinance applicability and exemptions is included in the Tree
Conservation Manual.
5.4. The applicant may apply the density -based Tree Conservation Ordinance or the
canopy -based Tree Conservation Ordinance until August 5, 2018.
6. Tree Conservation Manual
6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required
standards and procedures for all activities required by the tree ordinance.
6.2. The tree conservation manual may be modified by the administrator as necessary
to reduce outcomes contrary to the purpose and intent of the tree ordinance.
7. Definitions
7.1. All words used in the tree ordinance shall have their customary dictionary
definitions except as specifically defined herein; or in the zoning regulations if not
defined herein.
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Chapter 60. - Tree Canopy Conservation Ordinance
7.2. The words "shall" and "must" are mandatory, and the words "may" and "should"
are permissive.
a. Active tree protection. The active and ongoing planning, installation and
monitoring of physical measures undertaken to protect a tree during land
disturbance or alteration.
b. Administrator. The Director of the City of Milton Community Development
Department.
c. Agent, designated or authorized. An individual or entity authorized by the
administrator to assist in the administration and enforcement of the tree
ordinance for the city; or, an individual or other entity authorized by a
property owner to conduct development, construction, or arboricultural
activities on their property.
d. Agricultural land use. Use of a lot zoned AG -1 that is related to active
farming, livestock, or ranching, including using land as pasture, an equestrian
estate or horse farm, or in the production of crops, horticultural products,
the keeping of livestock, including but not limited to poultry and hoofed
animals such as cattle, horses, goats and sheep, for commercial purposes and
the construction and maintenance of agricultural accessory buildings.
e. Applicant. A property owner or his/her authorized agent(s) applying for a
tree removal, development, or right-of-way encroachment permit for a tree
or property, or seeking approval for a tree canopy, tree protection, or tree
planting and maintenance plan, or seeking approval for a minor subdivision
plat, certificate of conceptual plan approval, final plat approval or certificate
of occupancy.
f. Appraised tree value. The dollar value of a tree as determined by a certified
arborist using methodology set forth in the latest edition of the Guide for
Plant Appraisal developed by the Council of Tree and Landscape Appraisers
and published by the International Society of Arboriculture (www.isa-
arbor.com).
g. Buffer, state waters. An area along the course of any state waters required
by city, state or federal regulations to be maintained in an undisturbed and
natural condition.
h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed
portion of a lot, except for approved access and utility crossings, which is set
aside to achieve a visual barrier between the use on the lot and adjacent
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Chapter 60. - Tree Canopy Conservation Ordinance
properties and/or uses with natural vegetation or replanting of trees and
shrubs if sparsely vegetated.
i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted
tree measured at 6 inches above the ground line for trees with calipers 4
inches and smaller, and at 12 inches above the ground line for trees with
calipers greater than 4 inches.
j. Certified arborist. Professional who possesses the technical competence
gained through experience and related training to provide for or supervise
the management of trees and other woody plants in residential, commercial
and public landscapes and whose level of training is certified by the
International Society of Arboriculture.
k. City. The City of Milton, Georgia.
I. City arborist. The agent of the City of Milton assigned by the director of the
community development department with the primary responsibilities of
administration and enforcement of the tree ordinance.
m. Clearcutting. A method of harvesting timber that results in the removal of all
trees from all or a portion of a property.
n. Commercial tree nursery or commercial tree farm. A property on which trees
are grown and sold as wholesale or retail nursery stock by a business licensed
by the City of Milton.
o. Construction zone. The first 30 feet of the improved area adjacent to and
extending out from buildings and other major structures, and the first 15 feet
adjacent to and extending out from driveways, parking lots, other impervious
surfaces and sanitary sewer systems (septic tanks and primary drainfields).
p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a
depth of 24 inches within the larger of either the dripline or a circular area
with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH;
for a tree planted within the last 3 years, the ground and soil area to a depth
of 24 inches within the larger of the open soil surface area required by the
tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline.
q. Crown. The entirety of a tree's scaffold limbs, branches and leaves.
r. DBH. The diameter at breast height (4.5 feet above the ground line) of the
trunk of an existing tree, calculated by dividing the circumference of the
trunk by 3.14.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
s. Developed property. A property on which improvements currently exist and
for which a certificate of occupancy has been issued.
t. Development permit. A land disturbance permit, building permit, demolition
permit, minor plat approval, conceptual plan approval or other permit or
approval issued by the community development department authorizing the
commencement of the disturbance, alteration, improvement or
development of a given tract of land.
u. Dripline. The vertical line extending from the outermost edges of a tree's
branches to the ground, that forms, more or less, a circle on the ground
centered on the tree's trunk.
v. Establishment period. For a newly planted tree, the time from planting until
the beginning of the fourth growing season on-site.
w. Existing tree. An established tree growing on-site for at least 3 complete
growing seasons.
x. Forested area. An area at least 50 feet wide in anyone dimension and at
least 2,500 square feet in total area consisting of at least 5 trees with 75
percent tree canopy cover.
y. Growing season. March 1 to November 30.
z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal
environmental conditions as determined by a certified arborist.
aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than
50 percent crown dieback, no major structural defects, a life expectancy of
15 years or greater, and free from signs or symptoms of irreversible decline,
severe insect or disease infestation, severe chlorosis, or other life-
threatening conditions.
bb. Heritage tree(s). A tree or tree group that is designated by the administrator
to be of notable community interest because of its outstanding age or size,
landmark recognition or historical association.
cc. Improved area. The area within 60 feet of and including the footprint of a
building, pool, or other major structure, within 30 feet of and including a
road, driveway, parking area, walkway, patio and other allowable impervious
surface, and within 15 feet of and including the footprint of the sanitary
sewer system (septic lines, tank and primary drainfield) proposed for a lot.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
dd. Land disturbing activity. Any activity which may result in soil erosion from
water or wind and movement of sediments into state water or onto lands
within the state, including, but not limited to clearing, dredging, grading,
excavating, transporting, and filling of land, but not including agricultural
practices as set forth in the City of Milton Soil Erosion and Sedimentation
Control Ordinance.
ee. Landscape strip. An area required by the tree ordinance, the City of Milton
zoning resolution or any condition of zoning, use permit or variance
approval, which is reserved for the installation and/or maintenance of plant
materials.
ff. Live crown ratio. The percentage of the total height of a tree that is occupied
by the tree's live crown.
gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of
two or more contiguous lots owned by the same entity and used for a single
use shall be considered a single lot.
hh. Open soil surface area. The square foot area of the ground surrounding a
-- planted tree that is required to remain permeable and open, covered only by
a layer of mulch; the size of the area required varies by the mature height
class of the tree being planted.
ii. Passive tree protection. The ongoing avoidance of activities harmful to a
tree, as further described in the tree ordinance, within the tree protection
zone.
J. Planted tree. A tree that has been planted within the last 3 years and has not
yet completed 3 growing seasons on-site.
kk. Planting season. December 1 to March 1.
II. Priority area. An area on a lot where tree canopy cover is considered a
priority over other areas due to the functions and benefits tree cover
provides in that location.
mm. Priority tree. A specimen or heritage tree.
nn. Property. An area of land composed of less than one lot, or of accumulations
of one or more lots, or parts thereof.
oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or
greater growing on developed property, any tree conserved or planted to
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City of Milton
Chapter 50. - Tree Canopy Conservation Ordinance
meet tree ordinance requirements, any tree 2 inches DBH or greater growing
on undeveloped property, any specimen tree, and any heritage tree.
pp. Remediation plan. A plan that may be required by the city arborist from a
property owner or his/her authorized agent after a written notice of violation
or stop work order has been issued for the property describing how the
conditions of violation of the tree ordinance shall be remedied in accordance
with the city arborist's requirements and the conditions stated on the notice,
order, or other pertinent documentation.
qq. Scaffold limbs. The large limbs branching off from the main trunk that form
the basic structure of the tree's crown and support the remaining branches
and leaves.
rr. Soil compaction. A change in soil physical properties which includes an
increase in soil weight per unit volume and a decrease in soil pore space
caused by repeated vibrations or frequent traffic and weight that can result
in physical root damage, reduced root penetration, a decrease in soil oxygen
levels and an increase in toxic gases.
-- ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the
community due to its quality, size, or species, and meeting general and
specific criteria as set forth in the tree ordinance, as determined by the city
arborist.
tt. Standard tree canopy cover credit. The square feet of tree canopy cover
assigned to each of the tree canopy size classes, as set forth herein and in the
tree species list.
uu. Street tree. A tree located within a road frontage that is conserved or
planted for the purpose of providing tree canopy cover over the public street
right-of-way.
vv. Thinning. Selective cutting of trees for timber products with the remaining
trees more or less evenly distributed across a property.
ww. Timber harvesting. The felling of trees for timber products (pulpwood,
sawtimber, etc.) as part of ongoing forest management practices, by thinning
or clearcutting.
xx. Topping. The improper practice of the severe cutting back of limbs to stubs
larger than 2 inches in diameter within the tree's crown to such a degree that
the tree canopy is removed or the crown shape typical of the species is
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in
main branch and sprout production.
yy. Tree. A self-supporting woody perennial plant with the potential to reach a
minimum DBH of 3 inches and height of 15 feet at maturity under natural
conditions.
zz. Tree bank. A site registered with the city on city or private property with at
least 8,000 square feet of open space where growing conditions are
favorable for the establishment of trees, and on which trees may be planted
to satisfy tree replacement or minimum tree canopy cover requirements for
another property.
aaa. Tree canopy cover. The cover provided by tree crowns over the ground
surface, either individually or as a group; also, a measure of the percent of a
lot covered by all tree canopy, calculated by dividing the total area of tree
canopy cover by the total area of the lot, and multiplying by 100.
bbb. Tree canopy fund. A revenue account established by the city for receiving
payments in lieu of meeting tree canopy cover requirements, donations,
— fees, and fines, and used by the city for the purchase, planting, and
maintenance of trees on city property and community forest management
activities.
ccc. Tree canopy plan. A site plan showing how tree canopy cover
requirements will be met on a lot, which trees will be conserved, how they
will be protected, which new trees will be planted and where, and how they
will be maintained.
ddd. Tree canopy size, tree canopy size class. The amount of tree canopy
cover a tree can be expected to provide at maturity under urban conditions,
as determined by the species and categorized in the tree species list into four
(4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow
(400 square feet); and, very narrow (150 square feet).
eee. Tree canopy value. The dollar value of 100 square feet of tree canopy
cover as set forth in the city's fee schedule, and used for calculating
payments into the tree canopy fund.
fff. Tree conservation manual. A supplement to the tree ordinance containing
standards and procedures required for tree ordinance compliance.
ggg. Tree height class. The typical total height of a tree at maturity under
urban conditions, as determined by the species and categorized in the tree
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Chapter 60. - Tree Canopy Conservation Ordinance
species list into three (3) classes: large (greater than 50 feet tall); medium
(25 to 50 feet tall); and, small (less than 25 feet tall).
hhh. Tree ordinance. Chapter 60— Vegetation of the City of Milton municipal
code of ordinances.
iii. Tree protection zone (TPZ). The tree protection zone includes the critical root
zone of a tree, the tree's trunk and the entirety of the tree's crown.
jjj. Tree removal permit. A permit required before a protected tree can be
removed, destroyed or irreparably damaged.
kkk. Tree species list. The City of Milton Tree Species List, which is located in
the tree conservation manual and contains the tree species approved, and
not approved, for conservation and planting to satisfy tree replacement or
tree canopy cover requirements.
III. Undeveloped property. A lot on which no improvements currently exist and
for which no certificate of occupancy has been issued.
mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio
less than 30 percent or 50 percent or more crown dieback, or a tree
exhibiting signs or symptoms of irreversible decline, severe mistletoe
infection, severe insect or disease infestation that cannot be practically
controlled, or severe chlorosis, as determined by a certified arborist.
8. Protected Trees
8.1. There is hereby established a category of trees that shall be known as protected
trees as defined herein.
8.2. Protected trees shall only be removed after the issuance of a tree removal permit
or approval of a tree canopy plan.
8.3. Protected trees shall be passively protected throughout their lives as set forth in
the tree conservation manual.
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Chapter 60. - Tree Canopy Conservation Ordinance
9. Specimen Trees
9.1. A tree or tree stand shall be considered specimen if, as determined by the city
arborist, it meets all the general criteria and at least one of the specific criteria as
set forth herein.
9.2. An individual specimen tree must meet all the following general criteria:
a. A healthy tree with a life expectancy greater than 15 years as determined by
a certified arborist;
b. Crown size and shape typical of the species without significant dieback or
disfiguration;
c. Relatively sound and solid trunk with no more than one-quarter of the trunk
circumference affected by wounds, cankers, decay or cavities, and with a
column of decay in the center of the trunk encompassing no more than two-
thirds of the trunk area;
d. No major insect or disease problems; and,
e. Free from severe mistletoe infestation causing irreversible tree decline.
9.3. An individual specimen tree must also meet, in addition to all the general criteria,
at least one of the following specific criteria:
a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a
minimum DBH of 24 inches for a tree in the large height class, 18 inches for a
tree in the medium height class, and a minimum DBH of 8 inches for a tree in
the small height class;
b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches;
c. Rare or unusual species, shape or form; or,
d. A tree specifically used by a builder, developer or design professional as a
focal point in the landscape.
9.4. A specimen tree stand must be primarily composed of healthy trees, with no major
insect or disease problems within the stand and must meet at least one of the
following specific criteria:
a. A relatively mature, even -aged stand;
b. A stand with purity of species composition or of a rare or unusual nature;
c. A stand of historical significance;
d. A stand with exceptional aesthetic quality; or,
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Chapter 60. - Tree Canopy Conservation Ordinance
e. A stand on a lot which is otherwise devoid of trees.
9.5. The city arborist shall make the determination of whether a tree or tree stand
meets the criteria for specimen tree designation.
9.6. If removal of a specimen tree is approved, replacement requirements shall be as
set forth in Section 25 of the tree ordinance.
9.7. When development is proposed for a lot, individual and stands of specimen trees
shall be identified during the site survey process and documented on the tree
canopy plan.
9.8. Special consideration shall be made to work around specimen trees and protect
them.
9.9. Cost effective options for site, building, utility placement and hardscape and
landscape designs that successfully conserve specimen trees are strongly
encouraged.
9.10. All specimen trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 10 percent additional tree canopy cover credit
over the actual or standard credit.
10. Heritage Trees
10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth
herein, as determined by the administrator.
10.2. The administrator shall review heritage tree nominations and shall have the
authority to designate trees as heritage.
10.3. Trees maybe nominated for heritage tree status by either the tree owner or the
city arborist by submitting a heritage tree nomination form to the community
development department.
10.4. Within 15 business days after the submittal of a completed nomination form by a
property owner to the community development department, the city arborist shall
provide the administrator with a recommendation on whether the nominated tree
or tree group should be designated as heritage.
10.5. For a tree or tree group to be designated as heritage, it must meet all the general
criteria and at least one of the specific criteria set forth herein and as determined
by the administrator.
10.6. A heritage tree or tree group must meet all the following general criteria:
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Chapter 60. - Tree Canopy Conservation Ordinance
a. A healthy tree with a life expectancy greater than 15 years as determined by
a certified arborist.
b. Crown size and shape typical of the species without significant defects,
dieback or disfiguration.
c. Relatively sound and solid trunk with no more than one-quarter of the trunk
circumference affected by wounds, cankers, decay or cavities, and with a
column of decay in the center of the trunk encompassing no more than two-
thirds of the trunk area.
d. No major insect or disease problems.
e. Free from severe mistletoe infestation causing irreversible tree decline.
10.7. A heritage tree or tree group must also meet, in addition to all the general criteria,
at least one of the following specific criteria:
a. State or county champion tree, as determined by the Georgia Forestry
Commission (www.gfc.state.ga), or a tree that scores within 10 percent of
the total score of a state or county champion tree of the same species using
the scoring system described by the Georgia Forestry Commission.
b. Documented age greater than 75 years old.
c. An established and familiar feature or integral part of the community and its
heritage and is recognized as such by the administrator.
d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a
Landmark or Historic Tree.
e. Documented historical significance.
10.8. When a tree removal permit application is submitted for a potential heritage tree
or tree group, the city arborist shall inform the tree owner that the tree or tree
group meets the criteria and will be nominated for heritage tree status before the
tree removal permit is issued.
10.9. Only those trees listed on a tree removal permit application shall be eligible for
heritage tree nomination by the city arborist.
10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed
conservation or removal of a heritage tree or tree group, the city arborist shall
inform the applicant that one or more trees on the lot meets heritage tree criteria
and will be nominated for heritage tree status before the tree canopy plan is
approved.
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Chapter 60. - Tree Canopy Conservation Ordinance
10.2. Special consideration shall be made to work around heritage trees and protect
them.
10.3. When development is proposed for a lot, heritage trees shall be identified during
the site survey process and documented on the tree canopy plan.
10.4. Cost effective options for building, site, hardscape and landscape designs and
utility placement that successfully conserve heritage trees are strongly
encouraged.
10.5. The city arborist shall maintain a current list of designated heritage trees.
10.6. Heritage tree locations shall be recorded on the city's GIS system.
10.7. All heritage trees successfully conserved and protected to meet tree canopy cover
requirements shall be given 20 percent additional tree canopy cover credit over
the actual or standard credit.
11. City of Milton Tree Species List
11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree
conservation manual that shall include species approved for conservation and
— planting to meet tree canopy cover requirements or replacement tree planting
requirements.
11.2. The tree species list shall also include species not approved for tree conservation
or planting to meet requirements that are invasive, have brittle or weak wood,
poor structure or large thorns, are pest susceptible or are not well-suited to
regional growing conditions.
11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of
the tree ordinance shall be selected from the City of Milton Tree Species List.
11.4. A species of tree not on the City of Milton Tree Species List, or not approved for
planting in a specific location, may be approved for planting by the city arborist if
the species:
a. Has a reasonable chance of success in the landscape;
b. Is recommended by a certified arborist;
c. Is not proposed for planting in large quantities; and,
d. Has growth or habit characteristics that fit a specific need for the location.
11.5. Tree species not listed or approved by the city arborist for tree conservation or
planting for the purpose of meeting tree canopy cover requirements shall not be
eligible for tree canopy cover credit.
Adopted April 23, 2018 Page 14
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
12. City Tree Management
12.1. The city shall have the right to manage city trees, including planting, maintaining,
pruning and removing trees within the rights-of-way of all city streets, roads, and
highways, in parks, around city facilities, and on other city property as may be
deemed necessary or desirable to achieve community forest goals.
12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or
remove any city tree, or engage in any prohibited activity listed in the tree
protection standards within the critical root zone of a city tree, without a tree
removal permit, right-of-way encroachment permit, or prior approval of the city
arborist.
12.3. A tree protection plan submitted by the applicant and approved by the city
arborist and a right-of-way encroachment permit issued by the department of
public works shall be required prior to the commencement of any activity that is
proposed on city property within the critical root zone of a city trees.
13. Hazardous Trees on Private Property
13.1. The city shall provide a written notice to the owner of any tree on private property
that is in a hazardous condition and threatens public health, safety and welfare.
13.2. The written notice shall state the type of risk, the mitigation required and the time
within which the mitigation shall occur.
13.3. Should the property owner fail to mitigate the risk within the stated time, the city
may cause to have the risk mitigated and require the property owner to reimburse
the city for the cost of such mitigation.
14. Variances
14.1. A person requesting a variance from the provisions of the tree ordinance shall do
so in writing to the director of the community development department.
14.2. All variance requests shall be accompanied by a completed variance request
application, a tree canopy plan or other documentation requested by the city
arborist and a non-refundable filing fee in the amount set forth in the city's
current fee schedule.
14.3. The city arborist shall provide a recommendation on whether to approve the
variance request to the board of zoning appeals.
14.4. The board of zoning appeals shall review the city arborist's recommendation and
decide on whether to approve the variance request.
Adopted April 23, 2018 Page 15
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
14.5. The board of zoning appeals may approve a variance to any provision of the tree
ordinance where the unique natural features of the lot are such that application of
these regulations would create an undue hardship to the property owner, and in
other instances where an undue hardship is created for the property owner.
14.6. The following factors shall be considered in evaluating the variance request:
a. Whether a literal enforcement of the tree ordinance will create an undue
hardship or an unreasonable practical difficulty on the applicant;
b. Whether the situation causing the undue hardship or practical difficulty is
unique to the affected lot and is not self-imposed;
c. Whether a reasonable accommodation or alternative solution can be made
to accomplish the desired activity without the alteration of the tree;
d. Whether the variance will injure or be wholly compatible with the use and
future or existing development of adjacent properties;
e. Whether the increased development costs caused by conserving the tree
create an undue hardship on the development of the lot;
f. Whether there is any identified adverse effect of the alteration or
conservation on erosion, soil moisture retention, flow of surface water, and
drainage systems;
g. Whether there is any substantial impact to the buffering of residential areas
from the noise, glare, and visual effects of non-residential uses.
h. The costs versus the benefits of relocating required utility service
infrastructure and easements based on the conservation or alteration of
protected trees;
Whether the proposed tree replacement procedures adequately mitigate the
alteration of the tree;
j. Whether the alteration adversely affects public health, safety and welfare;
Whether the granting of the variance will be in harmony with the purpose
and intent of the tree ordinance to the greatest degree reasonably possible.
15. Appeals
15.1. Any person aggrieved or adversely affected by any decision of the city arborist
relating to the application of the tree ordinance may file an appeal within 30 days
of the decision with the director of the community development department for
relief or reconsideration.
Adopted April 23, 2018 Page 16
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
15.2. Any person aggrieved or adversely affected by any decision of the director of the
community development department relating to the application of the tree
ordinance may file an appeal within 30 days of the decision with the board of
zoning appeals through the director of the community development department.
15.3. Appeals shall only be granted for errors of interpretation.
16. Inspections
16.1. The administrator or his/her agent(s) shall have the authority to conduct
inspections as required by the tree ordinance, and periodically or as deemed
necessary to monitor land disturbing activities, tree removal activities, or other
permitted or non -permitted activities for compliance with the tree ordinance.
16.2. No person shall refuse entry or access to any authorized agent(s) of the city who
requests entry for the purpose of inspection and who presents appropriate
identification, nor shall any person obstruct, hamper or interfere with any such
agent while in the process of carrying out his/her official duties.
16.3. The city arborist shall be the primary individual responsible for conducting site
inspections and, at a minimum, shall make the following inspections:
a. Prior to approval of a tree removal permit, right-of-way encroachment
permit, tree canopy plan, tree protection plan, or tree planting and
maintenance plan and prior to making a recommendation to the Planning
Commission on a tree ordinance variance request for the purpose of
assessing site and tree conditions;
b. After permit or plan approval and after installation of tree protection
measures required and before any land disturbance or right-of-way
encroachment occurs to assess compliance with tree protection
requirements;
Prior to the issuance of a certificate of occupancy or final plat approval to
assess compliance with the tree canopy plan and all tree ordinance
requirements; and,
d. One (1) and three (3) years after project completion and issuance of a
certificate of occupancy or final plat approval to assess tree health and
survival on properties with an approved tree canopy plan.
16.4. Additional site inspections may take place at anytime before, during and/or after
project completion to monitor compliance with applicable tree ordinance
requirements.
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City of Milton
Chapter 50. - Tree Canopy Conservation Ordinance
16.5. The city arborist shall document each inspection on a site inspection form.
16.6. The city arborist may also monitor tree canopy cover on a lot using the city's
geographic information system and current aerial photography for assessing
ongoing compliance with tree canopy cover requirements, and shall maintain a
record of such measurements.
17. Enforcement
17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree
ordinance.
17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke,
suspend, or void any development permit, right-of-way encroachment permit or
tree removal permit and suspend all work on a property or any portion thereof if a
violation occurs until it is determined that the property is in full compliance with
the tree ordinance.
18. Notice of Violation
18.1. If, through inspection, it is determined that an applicant, his/her authorized
agent(s), or other person or company has engaged in land disturbing or other
prohibited activities which have resulted in the damage or removal of trees
without a required permit or approval, or failed to comply with the terms and
conditions of an approved tree removal permit or tree canopy plan, or is otherwise
responsible for a violation of the tree ordinance, then a written notice of violation
may be served upon the applicant, his/her authorized agent(s), and/or other
person or company responsible for the land disturbance or prohibited activity.
18.2. The notice shall set forth the measures necessary to correct the violation and
achieve compliance and shall state the time frame within which such measures
must be completed.
18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise
responsible for the violation fails to correct the violation or comply with tree
ordinance requirements within the time frame specified on the notice of violation,
he/she shall be subject to a citation and may be subject to a stop work order,
fines, and penalties pursuant to sections 19 and 20 of the tree ordinance.
18.4. Reinspection to assess compliance after a violation shall require a separate re-
inspection fee as set forth in the city's fee schedule.
Adopted April 23, 2018 page 18
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
19. Stop Work Order
19.1. The administrator may require that work on any project that is in violation of the
tree ordinance be immediately stopped to avoid further damage and until such
time that the violation has been remedied to the satisfaction of the city arborist.
19.2. The issuance of a written or verbal notice of violation is not required prior to or in
conjunction with the stop work order if the city arborist or city inspector
determines that work must be stopped immediately to avoid further damage.
19.3. The stop work order shall:
a. Be in writing;
b. State specific violations;
c. Be given to the applicant, property owner, the authorized agent(s) of either,
or the person performing or responsible for the activity resulting in the
violation;
d. State the conditions under which work may be resumed; and,
e. Allow only erosion control work to continue while the stop work order is in
effect.
19.4. Where an emergency exists, a verbal order to stop work by the administrator or
his/her agent(s) shall be given, with issuance of a written order required within 24
hours.
19.5. The city arborist may require that a revised tree canopy plan or separate
remediation plan be submitted for approval before remediation or any other work
commences on-site.
19.6. The following violations shall result in issuance of an emergency, verbal stop work
order:
a. Land disturbing or tree removal within state water buffer or zoning buffer;
b. Land disturbance within the critical root zone of protected trees or removal
of trees designated for conservation on an approved tree canopy plan;
c. Non -permitted protected tree removal, land disturbance, or prohibited
activities within the critical root zone of a specimen or heritage tree; or,
d. Improper installation or maintenance of required tree protection measures.
Adopted April 23, 2018 Page 19
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
20. Fines and Penalties
20.1. Fines and penalties shall be assessed for citations, according to the following
criteria:
a. Any person who violates any provisions of the tree ordinance may be fined
up to $1,000 per tree;
b. Each calendar day a violation exists shall be considered a separate offense;
c. There are no maximum limitations to the accrual of fines;
d. In the event a city tree is damaged or destroyed, the person responsible may
be required to reimburse the city for the appraised tree value;
e. The replacement of trees and additional tree canopy cover may be required
in addition to other fines or penalties imposed;
f. Offenses shall be tried in Milton Municipal Court;
g. Each owner of property wherein a violation exists, or each owner of a
boundary tree, shall be jointly responsible for said violation; and,
h. Fines received for violations to the tree ordinance shall be deposited into the
tree canopy fund.
ARTICLE ll. TREE CANOPY ON DEVELOPED PROPERTY
21. Tree Canopy Management
21.1. On developed properties, tree canopy cover shall be managed through
establishing tree canopy priorities, tree canopy cover requirements and tree
removal permitting and replacement requirements.
22. Tree Canopy Priorities
22.1. Priority areas on developed properties for tree conservation and planting shall be:
a. Rural viewsheds;
b. Road frontages;
c. Turf areas;
d. Required yards;
e. Landscape strips and landscape islands; and,
f. Buffers.
22.2. Priority trees for conservation shall be specimen and heritage trees
Adopted April 23, 2018 Page 20
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
23. Tree Canopy Cover Requirements
23.1. The minimum amount of tree canopy cover required on a developed lot, in the
absence of further development, shall be the amount existing as of the date of
adoption of the tree ordinance.
23.2. When an application for a land disturbance, building or demolition permit for
additional improvements to a developed lot that will affect, in any way, the
existing tree canopy cover on the lot, or when an application for minor plat
approval or conceptual plan approval is submitted for a lot previously developed,
the amount of tree canopy cover required shall be the same as for an undeveloped
lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be
required.
24. Tree Removal Permit
24.1. On a developed lot that is not undergoing further development or improvement, a
tree removal permit is required prior to the removal of any protected tree or
before any protected tree is irreparably damaged or destroyed, resulting in the
need for its removal.
24.2. The removal of a protected tree without a tree removal permit shall constitute a
violation of the tree ordinance and may result in a citation and fine for the tree
owner and any person involved in cutting, removing or damaging the tree.
24.3. Application for a tree removal permit shall be made by the tree owner or his/her
authorized agent, to the community development department.
24.4. A tree removal permit shall not be required for the removal of city trees by the city
or its authorized agent(s).
24.5. A tree removal permit is not required to remove a tree causing imminent threat to
people, property or public health, safety and welfare or under emergency
conditions.
24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive
tree.
24.7. A tree removal permit application fee shall be required, except for an application
for the removal of a dead, unhealthy or invasive tree.
24.8. The city arborist shall make a site visit to inspect the trees proposed for removal
within 10 days of the date of application and prior to approving or denying the
tree removal permit application to:
a. Verify the information contained in the application;
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
b. Verify the amount of tree canopy cover proposed for removal;
c. Determine replacement requirements; and,
d. Evaluate other conditions on the lot that may affect the city arborist's
decision to approve or deny the tree removal permit application.
24.9. A tree removal permit shall be approved if one or more of the following conditions
are met, as determined by the city arborist, or a written report from a certified
arborist:
a. Tree is dead, unhealthy, or invasive;
b. Tree is in irreversible decline or at the end of its normal life span;
c. Tree is infested with an insect or disease that has compromised the tree's
health and survival, or may harbor an insect or disease organism that
threatens surrounding trees;
d. Tree is at risk for whole or partial tree failure;
e. An unresolvable conflict exists between the tree and overhead utility lines,
underground utility lines, utility infrastructure, sidewalks, walkways, other
paved surfaces, or an existing structure;
f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic
sign, or other safety-related clearance;
g. Trunk wounds with decay exist that cover greater than 25 percent of the
circumference of the trunk;
h. Trunk cavity or central column of decay exists that is greater than two-thirds
the diameter of the trunk at the point of the cavity;
i. Structural defects exist in the scaffold limbs, where defect correction through
pruning will result in removal of 50 percent or greater of the tree's crown;
j. Litter originating from the tree creates an unsafe condition or poses a hazard
to public health, safety and welfare; or,
k. Tree is located such that a desired use on a lot (construction, installation, or
expansion of a building, pool, garden, or other site amenities) is not possible
without the removal of the tree, except that every effort shall be made to
place such structures or amenities where tree removal will not be required.
24.10. A tree removal permit may be approved under other unique conditions or
extenuating circumstances by the city arborist.
Adopted April 23, 2018 page 22
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
24.11. Conditions under which protected tree removal is not permitted include but are
not limited to:
a. Removal of trees in excess of the number of trees necessary for the reasons
stated on the permit application;
b. Tree health or structural issues have not been confirmed by the city arborist
or a certified arborist;
c. Tree removal is proposed for the purpose of sign installation, clearance or
visibility, excluding traffic, directional, warning or information signs owned by
any public or semi-public agency;
d. For unwanted production of a normal amount of leaves, fruit, or other
organic litter that does not create an unsafe condition or that is not a hazard
to public health, safety and welfare;
e. To reduce the amount of native tree canopy cover on the lot to install formal,
non-native landscaping;
To substantially increase the amount of turf on the lot without a specific
purpose; and,
g. To substantially increase the amount of impervious surface on the lot
through paving, building construction, or other such impervious feature
without an approved tree canopy plan.
24.12. The city arborist will take into consideration the amount of tree canopy cover
existing on the lot at the time of application for a tree removal permit, the total
square feet of tree canopy cover proposed for removal, and the number of tree
removal permits approved for the lot within the last five (5) years.
24.13. When trees are removed on a lot without a tree removal permit under imminent
threat or emergency conditions, the owner of such trees shall provide an oral or
electronic notice via telephone, text or e-mail to the city arborist prior to or
immediately after the removal.
24.14. Should the city arborist determine that an imminent threat or emergency removal
was not warranted, an after -the -fact permit and fee shall be required in addition
to replacement tree planting pursuant to Section 25 of the tree ordinance.
24.15. Replacement of the tree canopy removed, whether permitted or not permitted,
shall be required pursuant to Section 25.
Adopted April 23, 2018 Page 23
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Chapter 60. - Tree Canopy Conservation Ordinance
25. Tree Canopy Replacement
25.1. The square feet of tree canopy cover provided by a protected tree that is approved
for removal on a lot shall be replaced if, after the removal, the lot has less than the
minimum tree canopy cover listed in Table 1.
25.2. The square feet of tree canopy cover provided by a protected tree that is topped
on a developed commercial or non-residential lot shall be replaced on the lot
regardless of whether the lot has the minimum tree canopy cover listed in Table 1.
25.3. Tree canopy replacement shall not be required after the approved removal of a
dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree
removed under emergency conditions.
25.4. Tree canopy replacement shall not be required after the approved removal of
trees on a AG-1 zoned lot greater than 3 acres that is intended for agricultural land
use or use as an equestrian estate or horse farm as follows:
a. A waiver of minimum tree canopy cover requirements shall be assigned to
the lot if requested in writing by the property owner.
b. If the lot is not used for agricultural use, an equestrian estate, or horse farm
within 2 years after the approved removal of trees for such use then the
waiver shall become invalid and the minimum tree canopy cover listed in
Table 1 shall be required on the lot within 1 year after the issuance of a
written notice of non-compliance by the city.
c. Upon application for a development permit on a lot with a waiver of
minimum tree canopy cover requirements:
25.4.c.1. The waiver shall become invalid;
25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped
lot pursuant to Article III of the tree ordinance;
25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover
requirements will be met on the lot; and,
25.4.c.4. No development permits shall be issued until a tree canopy plan is
approved by the city arborist for the lot.
25.5. For specimen tree replacement, the square feet of tree canopy cover approved for
removal, plus an additional 20 percent, shall be replaced on the lot if, after the
removal, the lot has less than the minimum tree canopy cover listed in Table 1.
Adopted April 23, 2018 Page 24
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
25.6. For heritage tree replacement, the square feet of tree canopy cover approved for
removal, plus an additional 40 percent, shall be replaced on the lot if, after the
removal, the lot has less than the minimum tree canopy cover listed in Table 1.
25.7. Protected trees approved for removal because they have excessive or hazardous
litter or noxious fruiting habits, including specimen or heritage trees, shall require
replacement of no more than one-half of the tree canopy cover approved for
removal.
25.8. Replacement trees shall be a minimum of 2 -inch caliper for non -specimen and
non -heritage protected trees and 4 -inch caliper for specimen or heritage trees at
the time of planting.
25.9. When a protected tree is removed without a tree removal permit, two (2) times
the standard tree canopy cover credit for the species for non -specimen and non -
heritage protected trees, and four (4) times the canopy removed or standard tree
canopy cover credit, whichever is greater, for specimen trees and eight (8) times
the canopy removed or standard tree canopy cover credit, whichever is greater,
for heritage trees, shall be replaced on the lot with 4 -inch caliper trees regardless
of whether the lot meets minimum tree canopy cover requirements.
25.10. For specimen and heritage tree removal and replacement on commercial and non-
residential properties, an approved tree planting and maintenance plan as
described in Section 27 shall be required prior to the approval of a tree removal
permit.
25.11. A tree planting and maintenance plan shall be required for replacement of
specimen and heritage trees on developed commercial and non-residential
properties; the plan shall be drawn to scale and include the following:
a. Location of lot boundaries;
b. Trunk location, species, DBH, and actual tree canopy cover of specimen and
heritage trees proposed for removal;
c. Trunk location, species, caliper, and tree canopy cover credit for replacement
trees proposed for planting;
d. A 3 -year maintenance plan and schedule to include timing of mulching,
mulching materials, timing and method of irrigation, timing and purpose of
proposed pruning, timing of removal of staking, and timing of inspections;
and,
e. Contact information for the person responsible for monitoring compliance
with the tree planting and maintenance plan.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
25.12. All planting and maintenance activities for required replacement trees shall be
completed in accordance with the standards set forth in the tree conservation
manual.
25.13. Alternative compliance for tree replacement, as further described herein, may be
recommended by the city arborist and approved by the administrator.
25.14. Replacement trees shall be passively protected throughout their lives.
ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY
26. Tree Canopy Management
26.1. On undeveloped properties, tree canopy cover shall be managed through tree
canopy cover requirements, and tree conservation and planting to meet those
requirements.
27. Tree Canopy Priorities
27.1. Priority areas on undeveloped properties for tree conservation and planting shall
be:
a. Rural viewsheds;
b. Road frontages:
c. Parking lots;
d. Landscape strips and landscape islands; and,
e. Buffers.
27.2. Priority trees for conservation shall be specimen and heritage trees.
28. Tree Canopy Plan
28.1. An approved tree canopy plan shall be required as a condition of approval of any
land disturbance, building, or demolition permit, minor subdivision plat or
conceptual subdivision plan.
28.2. An approved tree canopy plan shall serve as an approved tree removal permit for
the purposes of land development.
28.3. The tree canopy plan shall be certified by a certified arborist, registered forester or
registered landscape architect.
28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing
trees that will remain on a lot and a tree planting and maintenance plan for trees
to be planted on the lot to meet tree canopy cover requirements, and shall include
the following:
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Chapter 60. - Tree Canopy Conservation Ordinance
a. A table summarizing how tree canopy requirements will be met with
conserved and planted trees;
b. Surveyed trunk location, DBH, species of all individually growing trees on the
lot, with specimen and heritage trees identified;
c. Location of tree groups and forested areas with description of primary
species and average DBH;
d. Trunk location, species, DBH, location of the critical root zone and square
feet of tree canopy cover of individual trees proposed for conservation;
e. Trunk location, species, and caliper of all trees proposed for planting;
f. Outline of the improved area and construction zone;
g. Location of all existing and proposed improvements, including buildings,
driveways, walkways, other structures and impervious surfaces, and sanitary
sewer systems;
h. planting, staking and mulching;
i. Location and type of all existing and proposed utilities;
j. Location of storage and parking areas for soil, construction materials,
personal vehicles and construction equipment;
k. Location of equipment washout rea and equipment maintenance area
outside of all tree protection zones and tree planting areas.
I. Location of ingress and egress points and access roads for vehicles and
construction equipment;
m. Grade changes, areas of excavation and fill, location of retaining walls, and
other changes to the existing grade that may affect the critical root zones of
trees proposed for conservation; and,
n. Name and contact information of property owner and primary authorized
agent(s) responsible for tree canopy plan compliance.
28.5. The site survey shall be certified by a registered surveyor.
28.6. A tree protection plan shall be required as part of the tree canopy plan when trees
are proposed for conservation to meet tree canopy cover requirements and may
be a separate plan or a part of the tree canopy plan.
28.7. A tree protection plan shall be required with an application for a right-of-way
encroachment permit either related, or unrelated, to development, for any activity
on city or private property that will encroach on the critical root zone of a city tree.
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Chapter 60. - Tree Canopy Conservation Ordinance
28.8. The tree protection plan shall be certified by a certified arborist or registered
forester.
28.9. The city arborist shall be responsible for reviewing all tree protection plans and
shall determine whether the tree protection plan complies with all applicable tree
ordinance requirements.
28.10. For tree protection plans required for right-of-way encroachment permit
applications, a tree protection plan review fee shall be required at the time of
application in an amount set forth in the city's fee schedule.
28.11. The tree protection plan shall include the following:
a. Map of the lot delineating where disturbance activity will occur;
b. Trunk location, species, and DBH of trees to be protected;
c. Location of the limits of the critical root zones and tree protection fencing;
d. Notations of all methods of tree protection to be used with descriptions of
materials to be used;
e. Illustrations and construction details for tree protection zone and tree
protection fencing;
f. Sign and text size, color, composition, and text of signage to be used in
identifying the area as a tree protection zone; and,
g. Name and contact information for the person responsible for monitoring and
maintaining tree protection measures during construction.
28.12. A tree planting and maintenance plan shall be required as part of the tree canopy
plan when trees are proposed for planting on a lot to meet tree canopy cover
requirements, and for the planting of replacement trees for specimen and heritage
trees approved for removal on developed commercial and non-residential
properties.
28.13. The tree planting and maintenance plan shall be certified by a certified arborist,
registered forester, or registered landscape architect.
28.14. The city arborist shall be responsible for reviewing all tree planting and
maintenance plans and shall determine whether the plan complies with all
applicable tree ordinance requirements.
28.15. The tree planting and maintenance plan required with the tree canopy plan shall
be drawn to scale and shall include the following:
a. Location of lot boundaries.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
b. Trunk location, species, caliper of all trees proposed for planting on the lot to
meet tree canopy cover requirements;
A 3 -year maintenance plan and schedule to include timing of mulching,
mulching materials, timing and method of irrigation, timing and purpose of
proposed pruning, timing of removal of staking, and timing of inspections;
and,
d. Contact information for person responsible for monitoring compliance with
the tree planting and maintenance plan.
28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and
maintenance plan may be combined onto a single plan if all required information
can be clearly depicted
28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall
decide whether the tree canopy plan shall be approved, denied, or approved with
changes.
28.18. A tree canopy plan review application fee shall be required at the time of plan
submittal in an amount set forth in the city's fee schedule.
28.19. No tree damage or removal, or land disturbance shall take place on an
undeveloped lot without an approved tree canopy plan showing how tree canopy
cover requirements will be met.
28.20. Conformance with all aspects of an approved tree canopy plan, as determined by
the city arborist, shall be required prior to the issuance of a certificate of
occupancy or final plat approval.
28.21. All tree protection, planting and maintenance activities shall be completed in
accordance with the standards set forth in the tree conservation manual.
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Chapter 60. - Tree Canopy Conservation Ordinance
29. Tree Canopy Cover Requirements
29.1. Tree canopy cover shall be required on all undeveloped properties as a condition
of development.
29.2. The amount of tree canopy cover required on a lot as a condition of development
shall be the amount currently existing outside of the improved area and within the
lot boundaries, or the minimum amount set forth in Table 1, whichever is greater,
and shall include trees in required locations as described in Section 29.
29.3. The minimum amount of tree canopy cover required shall be based on the zoning
district, and lot size for residential properties, and shall be as set forth in Table 1.
Zoning District
Minimum Tree Canopy Cover Required
as a Percent of Total Lot Area
AG -1
60%
C-1
50%
CBS
50%
CS
50%
CUP
60%
H
30%
MHP
60%
MIX
40%
NUP
60%
O-1
40%
R-1
60%
R-2
60%
R -2A
60%
R-3
50%
R -3A
50%
R-4
50%
R -4A
50%
R5
40%
R -5A
40%
R-6
40%
Suburban A
50%
T2
60%
T3
50%
T4
30%
T4 - Open
30%
T4P
30%
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Table 1. Minimum Tree Canopy Cover -:
29.4. In subdivision developments, tree canopy cover requirements shall apply to both
the entire development and to each lot within the development.
29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree
canopy cover or less for at Least 10 years prior to development shall have their
minimum tree canopy cover requirement reduced by one-half, except that trees
shall still be required in rural viewsheds, road frontages, parking lots, landscape
strips and buffers as required by the tree ordinance and the zoning regulations.
29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree
canopy cover shall have their minimum tree canopy cover requirement reduced by
5 percent (for example, a requirement of 60 percent becomes 55 percent) if they
also have less than 15 percent total impervious surface on the lot, or by 10 percent
(i.e., a requirement of 60 percent becomes 50 percent) if they also have less than
10 percent total impervious surface on the lot.
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Minimum free Canopy Cover Required
Zoning District
as a Percent of Total Lot Area
T4R
30%
T5
10%
T5R
10%
T6
10%
TR
30%
Residential lots less than 1 acre,
regardless of zoning district
40%
Residential lots less than 1/3 acre,
regardless of zoning district
20%
Residential lots greater than 1.5 acres
with documented agricultural land use
0%
Residential Lots greater than 1.5 acres
with 25 percent or less tree canopy
% tree canopy cover requirement for
cover for 10 years prior to development
the zoning district
Residential lots 5 acres and greater with
greater than 25 percent tree canopy
cover and less than 15 percent
The requirement for the zoning district
impervious surface cover
less 5 percent
Residential Lots 5 acres and greater with
greater than 25 percent tree canopy
cover and less than 10 percent
The requirement for the zoning district
impervious surface cover
less 10 percent
29.4. In subdivision developments, tree canopy cover requirements shall apply to both
the entire development and to each lot within the development.
29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree
canopy cover or less for at Least 10 years prior to development shall have their
minimum tree canopy cover requirement reduced by one-half, except that trees
shall still be required in rural viewsheds, road frontages, parking lots, landscape
strips and buffers as required by the tree ordinance and the zoning regulations.
29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree
canopy cover shall have their minimum tree canopy cover requirement reduced by
5 percent (for example, a requirement of 60 percent becomes 55 percent) if they
also have less than 15 percent total impervious surface on the lot, or by 10 percent
(i.e., a requirement of 60 percent becomes 50 percent) if they also have less than
10 percent total impervious surface on the lot.
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City of Milton
Chapter 50. - Tree Canopy Conservation Ordinance
29.7. Residential lots that are greater than 3 acre shall be exempt from minimum tree
canopy cover requirements if the proposed use is for an equestrian estate, horse
farm or other agricultural land use, except that trees shall still be required in rural
viewsheds, road frontages, parking Lots, landscape strips and buffers as required
by the tree ordinance and the zoning regulations. In such cases, a waiver of
minimum tree canopy cover requirements shall be assigned to the lot. If the
property is not used for agricultural use, an equestrian estate, or horse farm for
any 2 -year period after the issuance of a certificate of occupancy, then the waiver
shall become invalid and the minimum tree canopy cover listed in Table 1 shall be
established on the lot within 1 year after issuance of a written notice of non-
compliance by the city.
29.8. Recompense for specimen trees approved for removal within the improved area
shall be required at 120 percent of the actual amount of tree canopy cover
removed regardless of whether the lot meets minimum tree canopy cover
requirements..
29.9. Recompense for heritage trees approved for removal within the improved area
shall be required at 140 percent of the actual amount of tree canopy cover
removed regardless of whether the lot meets minimum tree canopy cover
requirements.
29.10. Trees shall be conserved for tree canopy cover credit in accordance with the
requirements that follow.
a. All healthy trees outside of the improved area shall be conserved and
protected from damage during construction.
b. Trees outside of the construction zone, but within the remaining improved
area, may be conserved for tree canopy cover credit if they can be
successfully protected from damage during construction as determined by
the city arborist.
c. Trees shall be conserved to the greatest extent possible in priority areas to
meet tree canopy cover requirements.
d. Regardless of whether the lot meets minimum tree canopy cover
requirements, trees shall be required, either conserved or planted, in rural
viewsheds, road frontages, parking lots, landscape islands, landscape strips
and buffers as set forth in the zoning regulations and Section 29 of the tree
ordinance.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
e. Existing trees 2 inches DBH and greater, except for invasive species listed on
the tree species list or otherwise known to be invasive, shall be eligible for
tree canopy cover credit.
f. Every effort should be made to conserve trees, especially pine trees, in
groups or stands as the conservation of a single or few trees previously
growing within a stand will predispose such trees to windthrow.
g. Individual trees without overlapping crowns shall be given their actual tree
canopy cover or the standard tree canopy cover credit for the species.
h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square
feet of tree canopy cover shall be given the actual tree canopy cover credit
for the group as a whole.
Forested areas shall be given the actual tree canopy cover credit for the
forested area as a whole.
j. Individual trees within forested areas shall not individually or separately be
given tree canopy cover credit.
k. Forested areas shall remain in an undisturbed condition and turf, mowing,
removal of the natural leaf litter, and clearing of underbrush other than
invasive plants are prohibited within the limits of the forested area.
I. No tree maintenance shall be required in forested areas, except for that
necessary to maintain a healthy stand of trees.
m. Forested areas dominated by non-native, invasive, and/or exotic plant
species (kudzu, for example) shall not be eligible for tree canopy cover credit.
n. A tree removal permit is required to remove a protected tree within a
forested area.
o. Trees conserved to meet tree canopy cover requirements shall be actively
protected during construction and passively protected at all times.
p. On commercial and other non-residential properties, specimen and heritage
trees that have been conserved to satisfy tree canopy cover requirements
shall be passively protected throughout their lives.
q. Tree canopy cover credit shall be assigned to conserved individual trees and
groups of trees as further set forth in the tree conservation manual.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
29.11. Tree Planting for Canopy Credit
a. When tree conservation alone cannot satisfy the tree canopy cover and
location requirements, the planting of additional trees shall be required.
b. A standard amount of tree canopy cover credit shall be assigned to a planted
tree based on its species and tree canopy size class as set forth in the tree
species list located in the tree conservation manual.
c. Trees planted to meet tree canopy cover requirements shall be passively
protected at all times.
30. Required Tree Locations
30.1. Rural Viewsheds
a. Where rural viewsheds are required in accordance with zoning regulations,
the entire area encompassed by the rural viewshed shall be eligible for tree
canopy cover credit.
b. For minor subdivisions and individual undeveloped residential properties, the
conservation of trees in a rural viewshed shall be eligible for a bonus of 20
— percent additional square feet of tree canopy cover credit. For example, if
the rural viewshed has 3,000 square feet of actual tree canopy cover, a
bonus of 600 square feet will be added as a bonus for a total credit of 3,600
square feet.
c. Individual conserved or planted trees within rural viewsheds shall not be
given tree canopy cover credit individually or separately.
d. No disturbance of the vegetation, including herbaceous plants, shrubs or
vines, is allowed within forested areas conserved for rural viewsheds, except
for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria
montana var. lobata), or English ivy (Hedera helix) and other invasive species
with city arborist approval.
e. Trees shall be planted at a spacing compatible with tree placement standards
set forth in the tree conservation manual, except that closer spacing or
clumping may be approved by the city arborist if the design meets the
purpose and intent of the tree ordinance.
30.2. Road Frontages
a. In all new developments, a minimum of 1 street tree per 30 linear feet shall
be required along road frontages on private property to provide tree canopy
over paved streets, sidewalks, and trails.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
b. Street tree requirements maybe met with either conserved or planted trees.
c. For planted street trees, the amount of available growing space above and
below ground shall dictate which tree species may be planted as set forth in
the tree conservation manual.
d. Trees of the largest mature height and widest tree canopy size classes that
match the available growing space within the road frontage shall be planted.
e. Street trees shall be planted at a spacing compatible with tree placement
standards set forth in the tree conservation manual, except that closer
spacing or clumping may be approved by the city arborist if the design meets
the purpose and intent of the tree ordinance.
f. Street trees may be planted on the city street right-of-way if adequate
growing space does not exist within the private property road frontage, but
does exist within the city street right-of-way, if approved by both the city
arborist and public works director.
30.3. Parking Lots
a. Parking lot landscaping shall conform to requirements in Chapter 64. —
Zoning, Article lll. — Tree Preservation and Administrative Guidelines, Sec. 64-
238 — Parking lot landscaping, and to the requirements set forth herein.
Where differences between the provisions exist, the more restrictive
provisions shall prevail.
b. All parking lots shall be required to have a minimum of 60 percent tree
canopy cover.
c. Trees shall be evenly distributed throughout the parking lot to maximize tree
functions and benefits.
d. There shall be a minimum of one (1) very wide or wide canopy tree for every
6 parking spaces.
e. Trees in the very narrow tree canopy size class shall not be eligible for tree
canopy cover credit in parking lots.
f. At least 75 percent of the trees planted to meet parking lot tree canopy
requirements shall be trees in the very wide or wide tree canopy size classes.
g. No parking space shall be greater than 60 feet from the trunk of a tree.
h. All trees planted within parking areas or otherwise surrounded by pavement
shall have a minimum amount of open soil surface and rooting area in
accordance with the standards set forth in the tree conservation manual.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
i. In parking lots and other paved areas where expanded rooting and water
infiltration areas are created with permeable pavement, structural soils or
suspended pavement, the minimum open soil surface area may be reduced
up to 50 percent if permeable pavement is used or up to 30 percent if
structural soils or suspended pavement are used.
j. Light poles and trees shall not share parking lot landscape islands to
eliminate the need for severe pruning of tree crowns as they mature.
k. Stormwater runoff into parking lot landscape islands may be permitted upon
approval by the city arborist if the design meets the intent and purpose of
the tree ordinance.
30.4. Landscape Strips
a. Landscape strips shall be required as set forth in Chapter 64. —Zoning, Article
lll. — Tree Preservation and Administrative Guidelines, Sec. 64-237— Minimum
landscape strips and buffers, zoning regulations and the requirements set
forth herein; where differences between the provisions exist, the more
restrictive provisions shall prevail.
b. Trees within required landscape strips shall be provided as follows:
30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for
every 30 linear feet of landscape strip, at a spacing compatible with tree
placement standards set forth in the tree conservation manual, except that
closer spacing or clumping may be approved by the city arborist.
30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree
for every 20 linear feet of landscape strip, at a spacing compatible with tree
placement standards set forth in the tree conservation manual, except that
closer spacing or clumping may be approved by the city arborist.
30.4.b.3. Clumping is permitted to create a more natural -looking landscape.
30.4.b.4. All required landscape strips shall be designed with at least 60 percent
tree canopy cover with no more than 40 percent cover in grass or ground
cover.
30.4.b.5. All species within required landscape strips must be ecologically
compatible with the growing site.
30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree
species list shall not be used to satisfy landscape strip requirements unless
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
adequate growing space does not exist for trees in the wide or very wide tree
canopy size classes.
30.4.b.7. No permanent structures shall be permitted within landscape strips,
including retaining walls, curbing, dumpsters, detention facilities, etc.
30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be
permitted within landscape strips if it is determined by the city arborist that
their placement is consistent with the purpose and intent of this ordinance.
30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require
landscape strips and parking lot landscape islands, with one curb stop per
parking stall required.
30.4.b.10. Signs within required landscape strips shall be subject to the approval of
the department of community development and may only be located in areas
of turf or groundcover, and shall not conflict with the growing space
designated for trees and shrubs.
30.4.b.11. The deposition of stormwater runoff into drainage swales through
landscape strips is not permitted. Exceptions will be considered by the city
arborist only if this standard will create an undue hardship to the property
owner. Unless approved by the city arborist, the width of a drainage
easement through a landscape strip shall not exceed the width of the strip.
30.4.b.12. When fencing is required as a condition of rezoning, the finished surface
of the fence must face externally to the project. The exact location for fence
placement within the landscape strip will be determined on a case by case
basis by the city arborist and may be approved if the design meets the intent
and purpose of the tree ordinance.
30.5. Buffers
a. Buffers required pursuant to Chapter 64 — Zoning shall provide a visual and
noise barrier and where sparsely vegetated or where disturbed for approved
access and utility crossings, they must be replanted.
b. Required buffers shall remain undisturbed and actively protected for the
duration of the permitted use for the site.
c. Buffers must be replanted where sparsely vegetated or where disturbed for
approved access and utility crossings.
d. Trees approved for planting in buffers shall be primarily slow growing
evergreen trees selected from the tree species list and shall be subject to the
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
approval of the city arborist; up to 15 percent of the trees conserved or
planted in buffers may be small height class hardwood trees approved for
buffers as indicated on the tree species list.
e. Trees shall be a minimum of five (5) feet in height at time of planting, with
branching all the way to the ground required for evergreen trees.
f. The number of planting rows for trees in buffers shall be determined by the
buffer width, as set forth in Table 2.
Table 2. Minimum Rows for Buffers by Width
Buffer Width
Minimum Planting Rows
Less than 20 feet
2 rows
20 feet to 30 feet
3 rows
31 feet to 50 feet
4 rows
Greater than 50 feet
4 plus 1 row for each additional 15 feet
g. Drainage through buffers is subject to the approval of the administrator.
h. Encroachment into buffers for the construction of retaining walls, footings,
or wall supports is not permitted unless otherwise specified in the conditions
of rezoning. Encroachments into buffer shall require zoning modifications or
variances as applicable.
i. All buffers require a 10 -foot improvement setback interior to the buffer.
j. No grading is allowed in the improvement setback unless permission is
obtained from the administrator.
k. Signs are not permitted within required undisturbed buffers.
31. Topped Trees
31.1. Trees that have been topped shall not be eligible for tree canopy cover credit.
31.2. On developed commercial and non-residential properties, the credit previously
given to a protected tree as shown on an approved tree canopy plan that is
subsequently topped shall be revoked and replacement tree canopy shall be
required in an amount equal to the tree canopy credit assigned to the topped tree.
32. Minimum Landscape and Maintenance Requirements
32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum
landscape requirements shall be met that include the following:
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
a. All exposed ground on a lot shall be covered with either turf, herbaceous
plants, shrubs or trees;
b. The planting of English ivy, Chinese privet, kudzu or other invasive species as
a ground cover shall be prohibited;
c. The critical root zone of all individually growing trees shall be mulched;
d. Tree groups not within a forested area shall be mulched as a group;
e. Forested areas shall be left undisturbed with the natural leaf litter layer on
the surface remaining intact; and,
f. Mulching shall conform to the standards set forth in the tree conservation
manual.
32.2. After the issuance of a certificate of occupancy or final plat approval, minimum
landscape maintenance shall include the requirements that follow.
a. Protected trees that are approved for removal shall be replaced pursuant to
Section 25.
b. Trees required within rural viewsheds, road frontages, landscape islands,
landscape strips and buffers shall be maintained in accordance with the
standards set forth in the tree conservation manual.
c. Trees planted to meet tree ordinance requirements shall be passively
protected at all times.
33. Landscape Performance Bond
33.1. When the planting of trees and other required landscape plants cannot be
completed during the planting season, a landscape performance bond shall be
issued to the city.
33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase
and install the trees and landscape plants based on the average of three (3)
written estimates provided by the applicant.
33.3. The planting of trees and landscape plants covered by a landscape performance
bond shall be completed within 1 year of the issuance of the bond.
33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city
may use the bond to plant the required trees and landscape plants on the lot, or
off-site in a registered tree bank.
33.5. Upon the successful planting of all required trees and landscape plants by the
applicant, the landscape performance bond shall be returned.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
34. Certificate of Occupancy and Final Plat Approval
34.1. A certificate of occupancy or final plat approval shall only be issued if all the
following conditions have been met:
a. Applicant meets all tree ordinance requirements.
b. Lot conforms to all aspects of the tree canopy plan.
c. All trees required to be planted by the tree canopy plan, tree planting and
maintenance plan, remediation plan, City of Milton zoning ordinance,
variance conditions or other conditions for a development permit or plan
approval, have been installed on the lot or in a tree bank.
d. Required payments have been made to the tree canopy fund.
e. Any civil penalties or other monetary obligations assessed for violations of
the tree ordinance have been paid.
f. All replacement trees and tree canopy cover required due to violations of the
tree ordinance have been installed.
34.2. A temporary certificate of occupancy may be granted by the administrator before
all trees have been planted if a landscape performance bond has been issued to
the city.
35. Alternative Compliance
35.1. Alternative compliance for a portion of the tree canopy cover required on a lot
may be approved by the administrator pursuant to the provisions of this section.
35.2. Subdivision developments as a whole are not eligible to use alternative
compliance; owners of individual properties within a subdivision development may
be eligible to use alternative compliance.
35.3. Alternative compliance shall be either the planting of trees off-site in a registered
tree bank in an amount equal to the proposed tree canopy cover deficit or
replacement deficit, or a payment made by the applicant to the City of Milton Tree
Canopy Fund for the tree canopy value of the deficit.
35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree
canopy cover requirement or tree replacement requirement may be approved.
35.5. The city shall maintain a list of registered tree bank sites, which may include open
space on city property or on developed, private property.
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City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
35.6. Owners of developed properties with at least 8,000 square feet of open space may
apply to the city to have their open space registered as a tree bank under the
conditions set forth in the tree conservation manual.
35.7. The use of the tree bank shall be approved by the administrator under the
following conditions:
a. The maximum amount of tree canopy cover possible on the lot is conserved
and/or planted, as determined by the city arborist; and,
b. A registered tree bank site is available with enough space to accommodate
the trees and their required growing space.
35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement
directly with the registered tree bank owner that must include, at a minimum:
a. Applicant's name and contact information;
b. Number of trees to be planted by species and caliper;
c. Planting schedule including projected beginning date of planting and
projected completion date of planting;
d. Name and contact information for applicant's agent who will be responsible
for the planting of trees on the tree bank site; and,
e. Commitment to maintain the property in the condition in which it was found
prior to the planting operation.
35.9. Trees planted in tree banks shall meet all the same requirements as for trees
planted on-site.
35.10. A tree planting and maintenance plan developed and submitted by the applicant
shall be required.
35.11. The applicant shall be responsible for the planting of trees off-site in a tree bank.
35.12. The registered tree bank owner shall be responsible for the required maintenance
and protection of tree bank trees.
35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy
in perpetuity, unless otherwise modified with the approval of the city arborist.
35.14. The removal of trees within a tree bank shall require a tree removal permit.
35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree
canopy cover for a maximum of one-third (1/3) of the tree canopy cover
requirement or tree replacement requirement shall be approved by the
administrator under the following conditions:
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Chapter 60. - Tree Canopy Conservation Ordinance
a. The conservation or planting of the required tree canopy cover or
replacement trees will eliminate the owner's ability to utilize their lot for a
specific, permitted use as described in writing by the property owner; and,
b. No tree bank location is available for the planting of trees off-site.
35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be
calculated using the tree canopy value set forth in the city's current fee schedule.
36. Tree Canopy Fund
36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for
the deposit of payments required by the tree ordinance or donated for other
community forest management activities.
36.2. In addition to receiving payments for tree canopy cover requirement deficit, the
tree canopy fund shall also receive as revenue:
a. Donations for tree program activities;
b. Fees for tree -related permits and plans review; and,
c. Fines for violation of the tree ordinance.
36.3. Tree canopy funds maybe expended for:
a. The purchase, planting and maintenance of trees on city property; and,
b. Community forestry management activities conducted by the city to sustain,
increase and improve tree canopy cover.
37. Timber Harvesting
37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and
shall be submitted to the community development department before any timber
harvesting may commence.
37.2. A 50 -foot undisturbed buffer around the perimeter of a lot where timber
harvesting will occur shall be required in all zoning districts.
37.3. The clearcutting of timber shall be allowed on AG -1 zoned land only.
37.4. Thinning shall be allowed in all zoning districts and land uses.
37.5. Except for AG -1 zoned properties, an approved tree canopy plan shall be required
before timber harvesting may commence.
37.6. No development permits shall be issued for a lot for a period of 5 years after the
completion of timber harvesting operations unless a tree canopy plan has been
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Chapter 60. - Tree Canopy Conservation Ordinance
submitted for the lot concurrent with the submittal of the timber harvesting
notification.
37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which
clearcutting or thinning will occur, the following requirements shall apply:
a. The tree canopy plan shall show the location of the required 50 -foot
undisturbed buffer, any state water buffers, areas to be clearcut, areas to be
thinned, and all specimen and heritage trees;
b. The lot must meet the tree canopy cover requirements for the zoning district
for the entire lot upon completion of timber harvesting; and,
c. The conservation of specimen trees and heritage trees shall be required, and
all specimen and heritage trees conserved shall be actively protected during
timber harvesting operations in accordance with the standards set forth in
the tree conservation manual.
37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting
operations that are not related to development.
37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water
or wetland buffers.
37.10. Compliance with the soil erosion and sedimentation control ordinance is required.
37.11. All timber harvesting operations shall comply with the most current Georgia's Best
Management Practices for Forestry available from the local office of the Georgia
Forestry Commission.
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