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HomeMy WebLinkAboutORDINANCE No. 20-01-412 - 01/06/2020 - Amend Article I, Tree Canopy -Extend date1 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 20-01-412 AN ORDINANCE TO AMEND ARTICLE I, SECTION 5.4 OF THE MILTON TREE CANOPY CONSERVATION ORDINANCE TO EXTEND THE DATE FOR MANDATORY COMPLIANCE The Council of the City of Milton hereby ordains, while in a regularly called council meeting on January 6, 2020 at 6:00 p.m., as follows: WHEREAS, the City has adopted a new "Tree Canopy Conservation Ordinance" (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), which has not yet been codified into the Milton Code; WHEREAS, the new Tree Canopy Conservation Ordinance currently serves as an optional alternative to the existing "Tree Conservation Ordinance" found at Chapter 60, Article II, Division 1 of the Milton Code; WHEREAS, compliance with the new Tree Canopy Conservation Ordinance is set to become mandatory on January 20, 2020, superseding the Tree Conservation Ordinance on that date; WHEREAS, the City Council desires to extend the deadline for mandatory compliance with the new Tree Canopy Conservation Ordinance and to extend the time allowed for optional compliance with the Tree Conservation Ordinance; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: Page 1 of 48 SECTION 1. Article I, Section 5.4 of the Tree Canopy Conservation Ordinance of the City of Milton, Georgia (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), is hereby amended by deleting the text "January 20, 2020" and replacing it with "July 31, 2020". SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 6th day of January 2020. Joe Lo k ,Mayor Attest: Sudie AM Gordon, Cit Clerk 1 Page 2 of 48 1 1 city of Milton, Georgia Chapter 60—Tree Canopy Conservation Ordinance Adopted -January 6, 2020 Page 3 of 48 1 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Table of Contents ARTICLE I. 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 Adopted January 6, 2020 Page i C 1 1 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 28. Tree Canopy Plan..................................................................................... 29. Tree Canopy Cover Requirements.......................................................... 30. Required Tree Locations.......................................................................... 31. Topped Trees........................................................................................... 32. Minimum Landscape and Maintenance Requirements .......................... 33. Landscape Performance Bond................................................................. 34. Certificate of Occupancy and Final Plat Approval ................................... 35. Alternative Compliance........................................................................... 36. Tree Canopy Fund................................................................................... 37. Timber Harvesting................................................................................... Adopted January 6, 2020 Page ii ....................................26 .................................... 30 .................................... 34 ....................................38 ....................................38 ....................................39 ....................................40 ....................................40 ....................................42 ....................................42 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. Adopted January 6, 2020 Page 1 City of Milton 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 Adopted January 6, 2020 Page 2 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 July 31, 2020. 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. Adopted January 6, 2020 Page 3 City of Milton 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 Adopted January 6, 2020 Page 4 City of Milton 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. Adopted January 6, 2020 Page 5 1 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 any one 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. Adopted January 6, 2020 Page 6 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. 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. 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 Adopted January 6, 2020 Page 7 City of Milton Chapter 60. - 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 Adopted January 6, 2020 Page 8 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 Adopted January 6, 2020 Page 9 1 City of Milton 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. Adopted January 6, 2020 Page 10 City of Milton 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, Adopted January 6, 2020 Page 11 City of Milton 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 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: Adopted January 6, 2020 Page 12 City of Milton 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. Adopted January 6, 2020 Page 13 City of Milton 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 January 6, 2020 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 January 6, 2020 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; 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. Adopted January 6, 2020 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; 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. Adopted January 6, 2020 Page 17 1 1 City of Milton Chapter 60. - 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 January 6, 2020 Page 18 1 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 January 6, 2020 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 II. 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 January 6, 2020 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; Adopted January 6, 2020 Page 21 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 January 6, 2020 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; 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. Adopted January 6, 2020 Page 23 City of Milton 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 January 6, 2020 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, Adopted January 6, 2020 Page 25 1 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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 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. Adopted January 6, 2020 Page 26 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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: 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. Adopted January 6, 2020 Page 27 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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. Adopted January 6, 2020 Page 28 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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, 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. Adopted January 6, 2020 Page 29 n 1 City of Milton 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. 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% M H P 60% MIX 40% N U P 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% Adopted January 6, 2020 Page 30 1 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Table 1. Minimum Tree Canopy Cover Required Minimum Tree Canopy Cover Required Zoning District as a Percent of Total Lot Area T4 - Open 30% T4P 30% 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 Adopted January 6, 2020 Page 31 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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. 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. Adopted January 6, 2020 Page 32 1 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. 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. Adopted January 6, 2020 Page 33 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 (Puerorio montana var. lobata), or English ivy (Hedero 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. Adopted January 6, 2020 Page 34 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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 111. — 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. Adopted January 6, 2020 Page 35 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 Ill. — 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 Adopted January 6, 2020 Page 36 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 Adopted January 6, 2020 Page 37 1 1 1 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 31. 32 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. 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. 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: Adopted January 6, 2020 Page 38 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. Adopted January 6, 2020 Page 39 1 1 1 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. Adopted January 6, 2020 Page 40 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 Adopted January 6, 2020 Page 41 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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. Adopted January 6, 2020 Page 42 1 1 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance 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. Adopted January 6, 2020 Page 43