HomeMy WebLinkAboutOrdinances 18-12-386 - 12/17/2018 - Tree CanopySTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-12-386
AN ORDINANCE TO AMEND CHAPTER 60 -"TREE CANOPY CONSERVATION ORDINANCE"
OF THE CITY CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on December 17, 2018 6:00 p.m. as follows:
SECTION 1. That Section 60-5.4 is hereby amended to change December 3,
2018 to July 22, 2019 in the City of Milton Code of Ordinances and 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herewith are repealed.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 17t" day of December, 2018.
Attest:
Sudie AM Gordon, City Clerk
Joe Lockwo d, Mayor
Page 1 of 43
City of Milton, Georgia
Chapter 60 - Tree Canopy
Conservation Ordinance
Adopted
December 17, 2018
Page 2 of 43
Table of Contents
ARTICLE I. IN GENERAL..........................................................................................3
1.
Title....................................................................................................................................................3
2.
Community Forest Vision and Goals.................................................................................................3
3.
Purpose and Intent............................................................................................................................3
4.
Administrator....................................................................................................................................4
5.
Applicability and Exemptions............................................................................................................4
6.
Tree Conservation Manual................................................................................................................5
7.
Definitions.........................................................................................................................................5
8.
Protected Trees...............................................................................................................................11
9.
Specimen Trees...............................................................................................................................12
10.
Heritage Trees.............................................................................................................................13
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..............................................................................................20
24.
Tree Removal Permit...................................................................................................................21
25.
Tree Canopy Replacement..........................................................................................................24
ARTICLE
III. TREE CANOPY ON UNDEVELOPED PROPERTY
................................... 25
26.
Tree Canopy Management..........................................................................................................25
27.
Tree Canopy Priorities.................................................................................................................25
28.
Tree Canopy Plan.........................................................................................................................26
29. Tree Canopy Cover Requirements..............................................................................................29
30. Required Tree Locations..............................................................................................................33
31. Topped Trees...............................................................................................................................36
32. Minimum Landscape and Maintenance Requirements..............................................................37
33. Landscape Performance Bond.....................................................................................................37
34. Certificate of Occupancy and Final Plat Approval.......................................................................38
35. Alternative Compliance...............................................................................................................38
36. Tree Canopy Fund.......................................................................................................................39
37. Timber Harvesting.......................................................................................................................40
ARTICLE L 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.
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
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 July 22, 2019.
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.
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 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 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).
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.
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.
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.
jj. 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.
Il. 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 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 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 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.
9. Specimen Trees
9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist,
it meets aN 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 (Pins 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,
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 may be 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:
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.
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.
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.
M.S. 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;
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 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.
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;
c. 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 any time before, during and/or after
project completion to monitor compliance with applicable tree ordinance requirements.
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.
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.
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 Il. 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.
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;
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.
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;
f. 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.
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 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.
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.
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 Ill. 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 lotto meet tree canopy cover requirements, and shall include the
following:
a. Atable 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 proposedimprovements, 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.
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.
b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet
tree canopy cover requirements;
c. 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,
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.
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.
'fable 1. Minimum 'free Canopy Cover Required
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%
0-1
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
440%
Suburban A
50%
T2
60%
T3
50%
T4
30%
T4 - Open
30%
T4P
30%
T4R
30%
T5
10%
T5R
10%
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.
Table 1. Minimum Tree Canopy Cover Required
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%
0-1
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%
T4R
30%
T5
10 %
T5R
10%
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.
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.
i. 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.
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.
b. Street tree requirements may be 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.
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 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 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:
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;
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.
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.
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:
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 may be 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
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.