HomeMy WebLinkAboutORDINANCE No. 20-08-441 - 08/03/2020 - Tree Canopy Conservation OrdinanceSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-08-441
AN ORDINANCE TO AMEND CHAPTER 60 - "TREE CANOPY CONSERVATION
ORDINANCE" OF THE CODE OF ORDINANCES OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council of the C it y of Milton , GA while in a regularly
c alled council meeting on August 3, 2020 6:00 p .m . as follows:
SECTION 1. That the amendment of Chapter 60 of the City o f Milton
Code of Ordinances is hereby adopted and approved ; and is attached
hereto as if fully set forth herein , and;
SECTION 2. All ord inances, parts of ord i nances, or regulations i n conflict
herewith are repealed .
SECTION 3. That this Ordinance shall become effective upon its adoption .
ORDAINED this the 3rd day of August 2020.
Atte st:
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Joe Lockwood, Mayor
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO . 20-08-441
City of Milton, Georgia
Chapter 60 -Tree Canopy Conservation
Ordinance
Revised
August 3, 2020
City of Milton
Chapter 60. -Tree Canopy Conservation Ordinance
Table of Contents
ARTICLE I. IN GENERAL ......................................................................................... 1
1. Title ................................................................................................................................................... 1
2. Purpose and Intent ........................................................................................................................... 1
3. Administrator .................................................................................................................................... 1
4. Waivers ............................................................................................................................................. 1
5. Applicability and Exemptions ............................................................................................................ 2
6. Tree Conservation Manual. ............................................................................................................... 3
7. Definitions ......................................................................................................................................... 3
8. Protected Trees ................................................................................................................................. 9
9. Specimen Trees ............................................................................................................................... 11
10. Specimen Tree Stand .................................................................................................................. 11
11. Heritage Trees ............................................................................................................................. 11
12 . City of Milton Tree Species List.. ................................................................................................. 12
13 . Appeals ........................................................................................................................................ 13
14. Inspections .................................................................................................................................. 13
15 . Enforcement ............................................................................................................................... 14
16. Notice of Violation ...................................................................................................................... 14
17 . Stop Work Order ......................................................................................................................... 15
18 . Citations ...................................................................................................................................... 16
ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY ........ 16
19 . Tree Canopy Management ......................................................................................................... 16
20 . Tree Canopy Priorities ................................................................................................................. 16
21. Tree Canopy Cover Requirements .............................................................................................. 16
22. Tree Removal Permit .................................................................................................................. 17
23 . Tree Canopy Replacement .......................................................................................................... 19
ARTICLE Ill. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY ........ 19
24 . Tree Canopy Management ......................................................................................................... 19
25 . Tree Canopy Priorities ................................................................................................................. 19
26 . Tree Canopy Plan ........................................................................................................................ 20
27. Tree Canopy Cover Requirements .............................................................................................. 22
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Chapter 60. -Tree Canopy Conservation Ordinance
28 . Required Tree Locations ............................................................................................................. 24
29 . Landscape Performance Bond .................................................................................................... 28
30. Certificate of Occupancy and Final Plat Approval. ...................................................................... 28
31. Alternative Compliance ............................................................................................................... 29
32 . Tree Canopy Fund ....................................................................................................................... 30
33. Timber Harvesting ....................................................................................................................... 31
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Chapter 60. -Tree Canopy Conservation Ordinance
ARTICLE I. IN GENERAL
1. Title
1.1. This chapter shall be known as the Tree Canopy Conservation Ordinance of the
City of Milton, Georgia or the "tree ord i nance ".
2. Purpose and Intent
2.1. 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 .
2.2. 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 contr i bute 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 .
d. Maintain no net loss of tree canopy cover below the 57 percent exist i ng as
of March 2017. The City will measure the tree canopy in the fall of 2022 , and
not to exceed a five year period between measurements thereafter, using
the latest technology and use the results to evaluate the effectiveness of
this ordinance in achieving the city's tree canopy goals.
3. Administrator
3.1. The Director of the Community Development Department shall be the
Administrator of the tree ordinance .
3.2. Reference to the Administrator shall include the Administrator and/or their
designee .
4. Waivers
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Chapter 60. -Tree Canopy Conservation Ordinance
4.1 . The Administrator shall have the authority to waive any provision of the tree
ordinance where such waiver is consistent with the purpose and intent of the
tree ordinance and where literal enforcement of the tree ordinance will create
an undue hardship or unreasonable practical difficulty on the Applicant .
4.2 . The Administrator shall determine if a waiver is justified . A waiver must be based
upon credible evidence submitted to the Administrator demonstrating that :
a. Approval , if granted , would not offend the purpose and intent of the tree
ordinance;
b. There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that literal or strict application
of the tree ordinance would create an unnecessary hardship due to size ,
shape, or topography or other extraordinary and exceptional situations or
conditions not caused by the applicant;
c. Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties;
d . That the public safety, health and welfare are secured, and that substantial
justice is done.
4.3. The Administrator shall keep record of all approved waivers . Every quarter, any
waivers that have been approved will be presented to the Planning Commission
by the Administrator.
4.4 . Planning Commission may recommend amendments to the provisions of the tree
ordinance to the Administrator at this time .
5. Applicability and Exemptions
5.1. The terms and provisions 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 development permit;
c. The removal of or disturbance to the Critical Root Zone o r Structural Root
Plate of any Protected tree including Specimen and Heritage 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 ;
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Chapter 60. -Tree Canopy Conservation Ordinance
b. Commercial tree nursery and tree farm operations;
c. Trees removed or pruned by any utility company as part of routine
vegetation management activit ies or utility maintenance/repair within the
utility right -of-way or existing easements.
d. Tree removal for ongoing forest management practices, including, timber
management and agricultural operations as defined in O.C.G .A. § 1-3-3(4 .1).
5.3 The applicant may apply the density-based Tree Conservation Ordinance or the
canopy -based Tree Conservation Ordinance until November 30, 2020.
6. Tree Conservation Manual
6.1. There is hereby adopted and incorporated by reference, as if fully set forth
herein , a Tree Conservation Manual (version revised October 23,2019) that
supplements the tree ordinance and sets forth standards and procedures for
activities required by the tree ordinance . A copy of this manual will be available
online and in the office of Community Development.
6.2 . The Tree Conse r vation Manual may be modified by the Administrator as
necessary to reduce outcomes contrary to the purpose and intent of the tree
ordinance; provided that revised versions of the manual shall become part of the
tree ordinance only after adoption by the City Council as an amendment to the
tree ordinance . Should any standard of the Tree Conservation Manual conflict
with the tree ordinance , the tree ordinance shall govern.
7. Definitions
7.1. All words used in the tree ordinance shall have their customary dictionary
definitions except as specifically defined herein or in the zoning regulations if not
defined herein .
7.2 . The words "shall" and "must " are mandatory, and the words "may" and "should"
are permissive.
a. Active tree protection. The active and ongoing planning, installation and
monitoring of physical measures undertaken to protect a tree during land
disturbance or alteration .
b. 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
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Chapter 60. -Tree Canopy Conservation Ordinance
plat, certificate of conceptual plan approval, final plat approval or certificate
of occupancy.
c. 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).
d. 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.
e. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed
portion of a lot, except for approved access and utility crossings , which is set
aside to achieve a visual barrier between the use on the lot and adjacent
properties and/or uses with natural vegetation or replanting of trees and
shrubs if sparsely vegetated.
f . 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.
g. 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 .
h. City arborist. The designee 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 .
i. City tree. Any tree which is located within any city park, city easement, city
right -of-way, or on any other city owned property.
j . Clearcutting. A method of harvesting timber that results in the removal of
all trees from all or a portion of a property.
k. 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.
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Chapter 60. -Tree Canopy Conservation Ordinance
I. Conserved Tree. Any tree where encroachment into the Critical Root Zone
does not exceed 25 %.
m . 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;
Encroachment into the critical root zone must not exceed 25 % for the tree
to be considered conserved.
n. Crown . The entirety of a tree's scaffold limbs, branches and leaves.
o . 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.
p. Development activity. Any activity on real property which requires a
development permit .
q. Development permit. A land disturbance permit, grading permit, building
permit, demolition permit, minor plat approval, preliminary plat approval,
concept plan approval or other permit or approval issued by the City
Community Development Department authorizing the commencement of
the disturbance, alteration , improvement or development of a given tract of
land .
r. 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.
s. Establishment period. For a newly planted tree, the time from planting until
the beginning of the fourth growing season on-site.
t. Existing tree. An established tree growing on -site for at least 3 complete
growing seasons .
u. Forested area. An area at least 50 feet wide in any one dimension and at
least 2,500 squa r e feet in total area consisting of at least 5 trees with 75
percent tree canopy cover .
v. Growing season . March 1 to November 30.
w . Hazardous tree . A tree that is likely to fail wholly or in part, under normal
environmental conditions as determined by a certified arborist .
x. 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
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Chapter 60. -Tree Canopy Conservation Ordinance
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 .
y. Heritage tree(s). A tree that is designated by the administrator to be of
notable community interest because of its outstanding age or size, landmark
recognition or historical association.
z. 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.
aa . 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 .
bb. Limits of disturbance. The boundary within which all construction , materials
storage, grading, landscaping and related activities shall occur .
cc. Live crown ratio. The percentage of the total height of a tree that is
occupied by the tree's live crown .
dd. 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 .
ee. Passive tree protection. The ongoing avoidance of activities harmful to a
tree, as further described in the tree ordinance, within the tree protection
zone .
ff. Planted tree. A tree that has been planted within the last 3 years and has
not yet completed 3 growing seasons on-site .
gg . Planting season. November 15 to March 15.
hh. 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 .
ii . Priority tree. A specimen or heritage tree .
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Chapter 60. -Tree Canopy Conservation Ordinance
jj . Property. An area of land composed of less than one lot, or of
accumulations of one or more lots, or parts thereof.
kk . Protected tree. Any tree 15 inches DBH or greater, any tree conserved or
planted to meet tree ordinance requirements, any City Tree , any Specimen
Tree, and/or any Heritage Tree .
II. 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.
mm. 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 .
nn . 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 .
oo. 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 .
pp. 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 City of Milton Tree Species List.
qq. 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 .
rr. Structural Root Plate . For a conserved tree, the ground and soil area to a
depth of 30 inches with a radius extending out from the t r unk 0.5 feet for
every inch of DBH.
ss . Thinning . Selective cutting of trees for timber products with the remaining
trees more or less evenly distributed across a property.
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Chapter 60. -Tree Canopy Conservation Ordinance
tt. Timber harvesting. The felling of trees for timber products (pulpwood,
sawtimber, etc.) as part of ongoing forest management practices, by
thinning or clearcutting .
uu. Topping. The improper practice of the severe cutting back of limbs to stubs
larger than 2 inches in diameter within the tree's crown to such a degree
that the tree canopy is removed or the crown shape typical of the species is
disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in
main branch and sprout production.
vv . 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 .
ww. Tree bank. A site registered with the city where growing conditions are
favorable for the establishment of trees per the tree placement standards
set forth in the Tree Conservation Manual, and on which trees may be
planted to satisfy tree replacement or minimum tree canopy cover
requirements for another property .
xx. 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.
yy. 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.
zz. 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 w i ll be planted and where, and how they will be
maintained .
aaa . 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 determ i ned 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).
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Chapter 60. -Tree Canopy Conservation Ordinance
bbb. 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 .
ccc. Tree conservation manual. A supplement to the tree ordinance
containing standards and procedures required for tree ordinance
compliance .
ddd. Tree height class. The typical total height of a tree at maturity under
urban conditions, as determined by the species and categorized in the tree
species list into three (3) classes: large (greater than 50 feet tall); medium
(25 to 50 feet tall); and, small (less than 25 feet tall).
eee. Tree ordinance. Chapter 60-Vegetation of the City of Milton municipal
code of ordinances.
fff. 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 .
ggg . Tree removal permit. A permit required before a protected tree can be
removed, destroyed or irreparably damaged.
hhh. 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. 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 documented by a certified arborist with final approval by the
City Arborist.
8. Protected Trees
8.1. A tree removal permit shall be required for any Protected tree being removed or
having disturbance to the critical root zone and/or structural root plate .
8.2 . The removal of or disturbance to the Critical Root Zone or Structural Root Plate
of any Protected tree without a tree removal permit shall be considered a
violation of the tree ordinance .
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Chapter 60. -Tree Canopy Conservation Ordinance
9. Specimen Trees
9.1. A Specimen Tree is any healthy tree, documented by a certified arborist and
verified by the City Arborist, which meets at least one of the following criteria for
size:
a. Hardwood trees with a minimum DBH of 24 inches for a tree i n the large or
medium mature tree height class (very wide or wide canopy); or
b. Any tree with a minimum DBH of 8 inches for a tree in the small mature
tree height class (narrow or very narrow canopy); or
c. Pine trees (Pinus spp .), Sweetgums (Liquidambar styraciflua), and Tulip-
Poplars (Liriodendron tulipifera) with a minimum DBH of 27 i nches
regardless of mature tree height class .
9.2. If removal of a Specimen Tree is approved, replacement requirements shall be
150 percent of the square feet of tree canopy cover removed.
9.3. All Specimen Trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 25 percent additional tree canopy cover credit
over the actual measured canopy square footage or the standard credit as
assigned by the Tree Species List.
10. Specimen Tree Stand
10.1. A stand of trees may be considered a Specimen Tree Stand if primarily composed
of healthy trees, with no major insect or disease problems within the stand and
meets at least one of the following specific criteria as documented by a certified
arborist and verified by the Administrator:
a. A mature, even -aged stand;
b. A stand with purity of species composition or of a rare or unusual nature;
c. A stand of historical significance ;
d. A stand with exceptional aesthetic quality; or,
e. A stand on a lot which is otherwise devoid of trees.
11. Heritage Trees
11.1. A tree shall be des ignated as Heritage if it meets the criteria set forth herein.
11.2 . Trees may be nominated for Heritage Tree status by the tree owner by
submitting a Heritage Tree Nomination Form to the Administrator.
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Chapter 60. -Tree Canopy Conservation Ordinance
11.3 . Within 15 business days after the submittal of a completed nomination form by a
tree owner to the Administrator, the City Arborist shall provide a
recommendation on whether the nominated tree(s) should be designated as
Heritage .
11.4. The Administrator shall present the recommendation to City Council who shall
review heritage tree nominations and shall have the authority to designate trees
as Heritage.
11.5. For a tree to be designated as heritage, it must be a healthy tree as documented
by aa certified arborist and verified by the Administrator and meet at least one
of the following specific criteria as determined by the Administrator :
a. State or county champion tree, as determined by the Georg i a Forestry
Commission (www.gfc .state.ga.us), or a t ree 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 ; or
b. Documented age greater than 75 years old; or
c. An established and familiar feature or integral part of the community and its
heritage and is recognized as such by the administrator; or
d. Designated by the Georgia Tree Council(www.gatreecouncil.org) as a
Landmark or Historic Tree ; or
e. Documented historical significance .
11 .1. Prior to the approval of a tree canopy plan for a lot that includes the
proposed conservation or removal of a Heritage Tree, the City Arborist shall
inform the applicant that one or more trees on the lot has been des ignated
as a Heritage Tree before the tree canopy plan is approved.
11.2. The City Arborist shall maintain a current list of designated Heritage Trees and
their locations shall be recorded on the City's GIS {Geographic Information
System).
11.3 . All Heritage Trees successfully conserved and protected to meet t ree canopy
cover requirements shall be given 40 percent additional tree canopy cover credit
over the actual o r standard credit. All Heritage Trees approved for removal must
have their canopy replaced at 200 pe r cent and payment must be made into the
Tree Canopy Fund at the rate listed in the City 's fee schedule located in Appendix
A of the City Code . Canopy replacement shall be based on the actual
measurement of the tree canopy .
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Chapter 60. -Tree Canopy Conservation Ordinance
12. City of Milton Tree Species List
12.1. There is hereby 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.
12.2. 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 .
12.3. 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. 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
Administrator.
13 . Appeals
13.1. 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 Administrator for relief or reconsideration .
13.2 . Any person aggrieved or adversely affected by any decision of the Administrator
relating to the application of the tree ordinance may file an appeal within 30
days of the Administrator's decision with the Board of Zoning Appeals through
the Administrator.
13.3. Decisions shall only be reversed on appeal for clearly erroneous interpretation of
the tree ordinance .
14. Inspections
14.1. The Administrator or his/her designee shall have the authority to conduct
inspections 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 .
14.2. 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 .
a.
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Chapter 60. -Tree Canopy Conservation Ordinance
14.3 . The Administrator 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.
15. Enforcement
15 .1. It shall be the duty of the Administrator to enforce the tree ordinance .
15.2 . The Administrator shall have the authority to modify, revoke , suspend , or void
any development permit, or tree removal permit and suspend all work on a
property or any portion thereof if a violation of the tree ordinance occurs until it
is determined that the property is in full compliance with the tree ordinance .
15.3. The Administrator shall have the authority to issue a Notice of Violation, Stop
Work Order, and Citation to enforce the provisions of the tree ordinance.
16 . Notice of Violation
16.1. If, through inspection , it is determined that an applicant, his/her authorized
agent(s), or other person or company ha s 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 .
16 .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 .
16 .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 an i mmediate citation and/or stop work
order .
16.4. Reinspection to assess compliance after a violation shall require a separate re-
inspection fee as set forth in the City 's fee schedule .
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17. Stop Work Order
17 .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 as the violation has been remedied to the satisfaction of the Administrator.
17.2 . 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 Administrator determines that
work must be stopped immediately to avoid further damage .
17 .3. The stop work order shall:
a. Be in writing and posted on site ;
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 resu lting 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.
17.4. 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.
17.5 . The Administrator 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.
17.6. The following violat ions shall result i n 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 He ri tage Tree; or,
d. Improper installation or maintenance of required tree protection measures .
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Chapter 60. -Tree Canopy Conservation Ordinance
18 . Citations
18.1. 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 violation;
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. Fi nes received for violations to the tree ordinance shall be depos ited into
the tree canopy fund .
ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY
19 . Tree Canopy Management
19 .1. On properties absent development activity, tree canopy cover shall be managed
through establishing tree canopy priorities, tree canopy cover requirements , tree
removal permitting and replacement requirements.
20 . Tree Canopy Priorities
20 .1. Priority areas on properties absent development activity for tree conservation
and planting shall be rural viewsheds, road frontages, required setbacks,
landscape strips or islands, and state waters or zoning buffers .
20 .2. Priority trees for conservation shall be Specimen Trees , Specimen Tr ee Stands,
and Heritage Trees .
21. Tree Canopy Cover Requirements
21 .1. The minimum amount of tree canopy cover required on a lot, in the absence of
further development, shall be the amount existing as of the date of application
for tree removal permit or the minimum canopy coverage requirement per Table
1, whichever is less.
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21 .2. If the lot is over the minimum canopy coverage requirement per Table 1, any
proposed tree removal must not bring the lot below the minimum canopy
coverage requirement without recompense.
22 . Tree Removal Permit
22 .1. On a 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 encroachment into the Critical Root Zone or Structural Root Plate of a
Protected Tree .
22.2 . The removal of a Protected Tree or encroachment into the Critical Root Zone or
Structural Root Plate without a tree removal permit shall constitute a violation of
the tree ordinance and may result in an i mmediate Stop Work Or der, Notice of
Violation or Citation for the tree owner and/or any person or company involved
in cutting, removing or damaging the tree.
22 .3. Application for a tree removal permit shall be made by the tree owner or his/her
authorized agent, to the Administrator .
22.4 . A tree removal permit is required for the removal of a dead , unhealthy or
invasive tree.
22.5. A tree removal permit application fee shall be r equired , except for an application
for the removal of a dead , unhealthy or invasive tree.
22.6 . The Administrator shall make a site visit or utilize other approp r iate means to
inspect the trees proposed for removal within 10 days of the date of application .
22 . 7. If canopy replacement is required , the applicant or property owner must provide
an agreement to the canopy replacement , such as, but not limited to, , a signed
contract with a landscape company stating the quantity, size , and species of
trees to be planted, or a written statement from the property owner specifying
the quantity, size, and species of trees to be planted along with a proposed
planting schedule before the perm it may be issued .
22 .8. The Administrator 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 .
22 .9. When trees are removed on a lot without a tree removal permit due to
imminent threat or emergency conditions, the owner of such trees shall provide
an oral or electronic notice via telephone or e-mail to the Adm i n istrator prior to
or immediately after the removal.
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Chapter 60. -Tree Canopy Conservation Ordinance
22.10. Should the Administrator 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 24 of the tree
ordinance .
22 .11. Replacement of the tree canopy removed , whether permitted or not permitted,
shall be required pursuant to Section 23 .
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23. Tree Canopy Replacement
23 .l. The square feet of tree canopy cover provided by a Protected Tree that is
approved for removal or lost due to disturbance within the Critical Root Zone or
Structural Root Plate on a lot shall be replaced if, after the removal, the lot has
less than the minimum tree canopy cover listed in Table 1.
23.2. Tree canopy replacement shall not be required for a tree removed under
emergency conditions or after the approved removal of a dead, unhealthy, or
invasive tree .
23 .3. 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 .
23.4. 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 .
23.5. All planting and maintenance activities for required replacement trees shall be
completed in accordance with the standards set forth in the Tree Conservation
Manual.
23 .6. Recompense tree planting may be satisfied by alternative compliance pursuant
to Section 31.
ARTICLE Ill. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY
24 . Tree Canopy Management
24 .1. On properties in connection with development activity, tree canopy cover shall
be managed through tree canopy cover requirements and tree conservation and
planting to meet those requirements.
25 . Tree Canopy Priorities
25.l. Priority areas on properties with development activity for tree conservation and
planting shall be rural viewsheds, road frontages, parking lots, landscape strips
and landscape islands, and state waters and zoning buffers.
25.2. Regardless of whether the lot meets minimum tree canopy cover requirements,
trees shall be required, either conserved or planted, in rural viewsheds, road
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frontages, parking lots, landscape islands , landscape strips and buffers as set
forth in the zoning regulations .
25.3 . Priority trees for conservation shall be Specimen and Heritage Trees .
26. Tree Canopy Plan
26.1. An approved tree canopy plan may be required as a condition of approval of any
development permit if necessary to implement the purposes and intent of the
tree ordinance as determined by the Administrator.
26.2 . An approved tree canopy plan shall serve as an approved tree removal permit
for the purposes of land development .
26 .3. The tree canopy plan shall be prepared by a licensed professional, such as, a
certified arborist, registered forester, registered landscape architect,
professional engineer or registered land surveyor.
26.4. The tree canopy plan shall be drawn to scale and include a tree survey, a tree
protection plan, a tree p lanting plan, and shall, at a minimum, 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 Protected
Trees, including Specimen and Heritage Trees, on the lot, with Critical Root
Zones, and Structural Root Plates identified on all Protected Trees , including
Specimen and Heritage Trees, proposed for conservation . Location of tree
groups and forested areas with description of primary species and average
DBH;
c. All Protected Trees, including Specimen and Heritage Trees, proposed to be
removed;
d. Location of all tree save areas and notations of all tree protection methods
to be used with details on materials and installation methods;
e. Trunk location, species , and caliper of all trees proposed for planting with
planting details and maintenance schedule for the first three years ;
f. Location of all existing and proposed improvements, including, but not
limited to, buildings, driveways, walkways, retaining walls, other structures
and impervious surfaces , and all existing and new utilities;
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g. Arborist Note : "Any unapproved encroachment into a designated tree save
area shall result in an immediate Stop Work Order, Notice of Violation,
and/or Citation for the responsible party."
h. Location of ingress and egress points and access roads for veh icles and
construction equipment;
i. All proposed grading and the limits of disturbance; and,
j . Name and contact information of property owner and primary authorized
agent(s) responsible for tree canopy plan compliance.
26 .5. Guidelines on calculating tree canopy coverage included in the Tree Conservation
Manual are incorporated herein by reference.
26 .6. The tree canopy plan, tree 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 .
26 .7 . The Administrator shall be responsible for reviewing all tree canopy plans and
shall decide whether the tree canopy plan is consistent with the requirements of
the tree ordinance . 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 .
26 .8. No tree damage or removal, or land disturbance shall take place on any lot in
connection with development activity without an approved tree canopy plan as
required by the Administrator showing how tree canopy cover requirements will
be met.
26 .9 . 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.
26.10 . All tree protection, planting and maintenance activities shall be completed in
accordance with the standards set forth in the Tree Conservation Manual.
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Chapter 60. -Tree Canopy Conservation Ordinance
27. Tree Canopy Cover Requirements
27 .1. Tree canopy cover shall be required on all properties in connection with
development activity as a condition of development.
27 .2. The amount of tree canopy cover required on a lot as a condition of
development shall be the amount currently existing or the minimum amount set
forth in Table 1, whichever is less . Canopy coverage shall be met with existing
trees to remain on site or a combination of existing trees and newly planted
trees . Existing trees must make up at least one-third of the required canopy
coverage.
Table 1. Minimum Tree Canopy Cover Required
Minimum Tree Canopy Cover Required
Zoning District as a Percent of Total Lot Area
AG -1 up to 1.49 acres 57%
AG-1 at 1.5 - 2.99 acres 40%
AG -1 at 3 or more acres 25%
CUP, MHP, NUP 57%
C-1, C-2 30%
CBS , CS 50%
H 30%
MIX, 0-1 40%
R-1, R-2, R-2A 57%
R-3, R-3A , R-4, R-4A 50%
RS , R-SA, R-6 40%
Suburban A 50%
T2 57%
T3 40%
T4 , T4 -Open , T4P , T4R , TR 30%
TS, TSR , T6 10%
27 .3. In subdivision developments, tree canopy cover requirements shall apply to both
the entire development and to each lot within the development.
27.4 . Trees shall be conserved for tree canopy cover credit in accordance with the
requirements that follow:
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Chapter 60. -Tree Canopy Conservation Ordinance
a. Trees shall be conserved to the greatest extent possible in priority areas to
meet tree canopy cover requirements .
b. Existing trees 2 inches DBH and greater, except for invasive species listed on
the tree species list or otherwise known to be invasive, may be eligible for
tree canopy cover credit if the trees meet the minimum quality standards as
established in the most current ANSI Z60.1 American Standard for Nursery
Stock .
c. Forested areas dominated by non -native, invasive , and/or exot ic plant
species {kudzu, for example) shall not be eligible for tree canopy cover
credit. Trees conserved to meet tree canopy cover requirements shall be
actively protected during construction and passively protected at all times .
d. 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 .
e. Since the Structural Root Plate is the area of rapid tapering roots supporting
the vertical weight of the tree, any damage to the Structural Root Plate will
put the tree at high risk for failure and may require the tree to be removed
as determined by the Administrator.
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Chapter 60. -Tree Canopy Conservation Ordinance
27.5. 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.
28 . Required Tree Locations
28 .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 within the first 60 feet of road frontage from an
exterior street shall be eligible for a bonus of 20 percent additional square
feet of tree canopy cover credit. Disturbance within the rural viewshed,
shall follow the requirements set forth in the Zoning Ordinance .
c. 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 Administrator if the design
meets the purpose and intent of the tree ordinance.
28.2. Road Frontages
a. In all new developments, street trees shall be required along road frontages
on private property 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.
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.
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Chapter 60. -Tree Canopy Conservation Ordinance
e. 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
Administrator and Public Works Director.
28.3 . Parking Lots
a. Parking lot landscaping shall conform to requirements in the Zon i ng
Ordinance and to the requirements set forth in the Tree Conservation
Manual . Where differences between the provisions exist, the more
restrictive provisions shall prevail.
b. Trees shall be evenly distributed throughout the parking lot to maximize
tree functions and benefits.
c. There shall be a minimum of one (1) very wide or wide canopy tree for every
sixth parking space . No parking space shall be greater than 60 feet from the
trunk of a tree.
d . Trees in the very narrow tree canopy size class shall not be eligible for tree
canopy cover credit in parking lots . 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 .
e. All trees planted within parking areas or otherwise surrounded by pavement
shall have a minimum amount of open soil surface in accordance with the
standards set forth in the Tree Conservation Manual.
f . 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.
g. Light poles and trees shall not share parking lot landscape islands to
eliminate the need for severe pruning of tree crowns as they mature .
h. 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.
28.4. Landscape Strips
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a. Landscape strips shall be required as set forth in the Zoning Ordinance 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:
28.4 .b.l. 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.
28.4.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.
28.4.b.3. Clumping is permitted to create a more natural -looking landscape .
28.4.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 .
28.4 .b.5. All species within required landscape strips must be ecologically
compatible with the growing site .
28.4.b .6. Trees in the very narrow or narrow tree canopy size class in the tree
species list shall not be used to satisfy landscape strip requirements unless
adequate growing space does not exist for trees in the wide or ve ry wide tree
canopy size classes .
28.4.b .7. No permanent structures shall be permitted within landscape strips,
including retaining walls , curbing, dumpsters, detention facilities, etc .
28 .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.
28.4 .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 .
28 .4.b.10 . Signs within required landscape strips shall be subject to the approval of
the Administrator and may only be located in areas of turf or groundcover
and shall not conflict with the growing space designated for t rees and shrubs .
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28.4.b.ll. 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.
28.4.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.
28 .5. Buffers
a. Buffers required pursuant to the Zoning Ordinance 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 d isturbed for
approved access and utility crossings .
d. Trees approved for planting in buffers shall be primarily slow growing
evergreen trees selected from the tree species list and shall be subject to
the approval of the city arborist; up to 15 percent of the trees conserved or
planted in buffers may be small height class hardwood trees approved for
buffers as indicated on the tree species list.
e. Trees shall be a minimum of five (5) feet in height at t i me 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.
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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 .
29 . Landscape Performance Bond
29 .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 .
29.2. 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.
29 .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.
29.4. 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 .
29 .5. Upon the successful planting of all required trees and landscape plants by the
applicant, the landscape performance bond shall be returned.
30 . Certificate of Occupancy and Final Plat Approval
30.1. A certificate of occupancy or final plat approval shall only be issued if all the
following cond itions have been met :
a. Applicant meets all tree ordinance requirements.
b. Lot conforms to all aspects of the tree canopy plan.
c. All trees requi red 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.
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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 .
30.2 . 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 .
31 . Alternative Compliance
31.1 . 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.
31.2. 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 .
31.3. 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 .
31.4 . 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 .
31 .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.
31.6. Owners of developed properties w ith 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.
31.7. 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 .
31.8 . 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 ;
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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 pr ior to the planting operation.
31 .9. Trees planted in tree banks shall meet all the same requirements as for trees
planted on -site.
31.10. A tree planting and maintenance plan developed and submitted by the applicant
shall be required.
31 .11 . The applicant shall be responsible for the planting of trees off-site in a tree bank.
31 .12 . The registered tree bank owner shall be responsible for the requi r ed
maintenance and protection of tree bank trees.
31.13 . 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.
31 .14. The removal of trees within a tree bank shall require a tree removal permit.
31 .15. A payment to the tree canopy fund in lieu of the conservation or planting of tree
canopy cover for a maximum of one -th i rd {l/3} of the tree canopy cover
requirement or tree replacement requirement shall be approved by the
administrator under the following conditions :
a. The conservation or planting of the required tree canopy cover or
replacement trees will eliminate the owner's ability to util ize their lot for a
specific, permitted use as described in writing by the property owner; and,
b . No tree bank locat ion is available for the planting of trees off-site.
31.16 . 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 cu r rent fee
schedule.
32 . Tree Canopy Fund
32 .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 fore st management activit ies.
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32 .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 collected for alternative compliance to the tree ordinance ; and ,
c. Fees for violations of the tree ordinance .
32.3. 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.
33. Timber Harvesting
33 .1. For lots greater than 2 acres , a timber harvesting notification shall be required
and shall be submitted to the Administrator before any timber harvesting may
commence .
33.2 . A SO-foot undisturbed buffer around the perimeter of a lot where timber
harvesting will occur shall be required in all zoning districts .
33 .3. The clearcutting of timber shall be allowed on AG -1 zoned land only.
33.4. Thinning shall be allowed in all zoning districts and land uses .
33 .5. Except for AG-1 zoned properties, an approved tree canopy plan shall be
required before timber harvesting may commence .
33.6. 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.
33 .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 SO -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
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during timber harvesting operations in accordance with the standards set
forth in the Tree Conservation Manual.
33 .8. Stump removal or grading shall be prohibited as part of normal timber
harvesting operations that are not related to development .
33.9. Clearcutting, thinning or land disturbance shall not be allowed within state water
or wetland buffers .
33.10. Compliance with the soil erosion and sedimentation control ordinance is
required.
33.11. All timber harvesting operations shall comply with the most current Georgia's Best
Management Practices for Forestry available from the local office of the Georgia
Forestry Commission.
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