Columbus, Georgia

M E M O R A N D U M





DATE: May 24, 2002



TO: Mayor, Council and City Manager



FROM: Clifton C. Fay, City Attorney



SUBJECT: Proposed Amendments to the Tree Preservation and Replacement Ordinance

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Please find attached proposed amendments to the Tree Preservation and

Replacement Ordinance. These amendments may be voted on separately at the

Council meeting on May 28, 2002. The new language is underlined and the

deleted language appears as stricken.



Amendment #1. This amendment adds a new definition of the word "day"

to reflect a business day and not calendar days. A corresponding change deletes

the word "calendar" in Section 16(a).



Amendment #2. This amendment provides that the City Arborist shall act

on any plans and requests for variance within 15 days of receipt of the same.

A corresponding change has been made in Section 12 and Section 14.



Amendment #3. This amendment removes the second method of alternative

compliance in Section 12, i.e., the provisions concerning payment to the tree

replacement fund.



Amendment #4. This amendment removes the requirement that for

residential lots exceeding 7500 square feet, one tree must be planted in the

front yard.



Amendment #5 (Councilor Smith). This amendment provides for

certification of tree protection and planting plans by the applicant builder or

developer. A corresponding change has been made in Section 13, Certification

and Inspections.



Alternate Amendment #5 (Councilor Poydasheff). This amendment provides

for certification of tree protection and planting plans by Mayor, Council and

City Manager

May 24, 2002

Page two







(1) the City Arborist or (2) a registered landscape architect or civil engineer

or International Society of Arboriculture-certified arborist or a registered

forester on a list approved by the City Arborist. A corresponding change has

been made in Section 13, Certification and Inspections.



Amendment #6. This amendment adds a new subsection which provides that

if the City Arborist determines that a certification is falsified, the

applicant shall not be permitted to certify compliance through persons other

than the City Arborist, the applicant shall complete and implement a tree

protection and planting plan approved by the City Arborist, and the applicant

shall be subject to a minimum fine of $500.00 for violation of this subsection.



Amendment #7. This amendment changes the membership of the Tree Board, Section

4, to eleven members, makes corresponding changes for appointment of members,

clarifies the provision appointing four members from the public at large, and

requires that Board rules shall be approved by the City Attorney's Office and

forwarded to the Clerk of Council.



Amendment #8. This amendment would create a new Section 4 along with two new

boards, the Tree Protection Advisory Board (seven members) and the Board of

Arbor Appeals (five members) and specifies the duties of each board.



Amendment #9. This amendment strikes language in Section 7 (b) and (c) so as

to provide that density requirements will only apply to new single-family

residential subdivision construction and will apply to any other new commercial

or industrial development as previously drafted.



Amendment #10. This amendment changes the second sentence of Section 13(a),

Inspections, to add "commercial lots" to property subject to inspection by the

City Arborist or Inspections and Code Enforcement Division.



Amendment #11. This amendment provides that the ordinance shall become

effective 120 calendar days after adoption and that the ordinance shall only

apply to those applications for building, site development or residential

development permits submitted after the effective date of the ordinance.





CCF/smw

Encls.









Page 1

PROPOSED AMENDMENTS TO THE TREE PRSERVATION AND

REPLACEMENT ORDINANCE





Amendment #1



Section 2: DEFINITIONS



Day: Except as otherwise provided in this ordinance, the word "day" shall mean

a business day and shall not include weekends or holidays of the Consolidated

Government.





Section 16: ENFORCEMENT AND ADMINISTRATION



(a) The City Arborist, or his or her designee, shall review and approve or

disapprove all Tree Protection Plans and Tree Planting Plans submitted as

required by Section 9 of this Ordinance within 15 calendar days after it is

filed.



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Amendment #2



Section 3: CITY ARBORIST



The Landscape & Forestry Division Manager, or his or her designee, shall serve

as the City Arborist. The duties of the City Arborist shall be to:



(a) Review all plans required by this ordinance and

approve or disapprove the same, consider and act upon requests for variances as

allowed hereafter, and to conduct such inspections as are necessary to see that

compliance with this Ordinance is achieved and maintained. The City Arborist

shall take such action within fifteen (15) days of receipt of any such plans or

requests for variances.



Section 12: ALTERNATIVE COMPLIANCE



The intent of this Tree Protection and Replacement Ordinance is to insure that

a minimum density of trees is maintained on all developed sites. Occasionally,

this intent cannot be met because a project site will not bear







Page 2

the required density of trees. To provide some alternatives in such cases, two

methods of compliance are acceptable: When the City Arborist makes a written

finding that the project site will not bear the required density of trees, two

methods of compliance are acceptable:



(1) planting at a location on public property or an appropriate

conservation easement remote from the project site; or,



(2) contributing to the Columbus, Georgia Tree Replacement Fund.



The following standards have been established for administering these

alternative compliance methods:



The City Arborist must review and approve act on all requests for alternative

compliance within fifteen (15) days of receipt of such requests. In no

instance, shall 100 percent of the required site density factor be met through

alternative compliance. As many trees as can reasonably be expected to survive

must be planted on the site in question.



The land disturbance permit will only be issued after the City Arborist has

approved the request and received the necessary documentation and/or funds.



SECTION 14: VARIANCES



(a) Written requests for a variance, filed on forms prescribed by the City

Arborist and sworn to by the owner of the property concerned, are required.

The requests shall state clearly what adjustments or requirements are being

requested and reasons such adjustments are warranted and such supplementary

data as is deemed necessary to substantiate the adjustment shall accompany the

request. The City Arborist shall have the authority to grant variances not to

exceed twenty percent (20%) of the minimum or maximum standards of this

Ordinance. Where requested variances exceed twenty percent of the minimum or

maximum standards of this Ordinance, or if the applicant is dissatisfied with

the action of the City Arborist on a request for a lesser variance or any other

finding of the City Arborist, the application for variance or any appeal of a

decision of the City Arborist shall be made to the Tree Board.





Page 3



(b) Where the City Arborist, in the case of requests for variances not to

exceed twenty percent (20%) of the minimum or maximum standards of this

Ordinance, or the Tree Board, if the requested variance exceeds twenty percent

of the minimum or maximum standards of this Ordinance, finds that

extraordinary hardships or practical difficulties may result from strict

compliance with these regulations and/or the purposes of these regulations may

be served to a greater extent by an alternative proposal, the Board shall be

authorized to grant a variance from the requirements of this Ordinance where

such modification will not be contrary to the public interest where, due to

special conditions, a literal enforcement of the provisions of this Ordinance

will, in an individual case, result in unnecessary hardship provided that such

variances shall not have the effect of nullifying the intent and purpose of the

Ordinance. Such variances may be granted in such case of unnecessary hardship

upon the finding of the Arborist or Tree Board as the case may be that:



(a) (1) The granting of the variance will not cause substantial detriment to

the public health, safety, or welfare; be injurious to other property; or

impair the purpose and intent of this Ordinance.



(b) (2) There are extraordinary and exceptional conditions pertaining to the

property in question that would result in a particular hardship to the owner,

as distinguished from a mere inconvenience, if the strict letter of these

regulations were carried out.



(c) (3) The strict application of this Ordinance would deprive an applicant of

reasonable use of the land, or would create an unnecessary hardship as

distinguished from a mere inconvenience.



(d) (4) Such special circumstances are not the result of actions of the

applicant taken subsequently to the adoption or amendment of this ordinance.



(c) The City Arborist or Tree Board, as the case may be, may approve, modify

or deny the requested adjustment, but shall approve or modify only if it

determines that approval of any adjustments would not be contrary to the intent

of this chapter, and that literal enforcement of the above



Page 4

standards would be impractical and would result in unreasonable and unnecessary

hardships. The City Arborist shall act on all requests for variance within

fifteen (15) days of receipt of the request. The Tree Board shall approve or

reject any request for a variance of more than twenty percent (20%) of the

minimum or maximum standards of this Ordinance, or affirm or reverse any appeal

from a decision of the Arborist, within forty (40) days after the filing

thereof. If a meeting of the Tree Board has not been scheduled within the next

thirty (30) days of the filing of a request for variance of more than twenty

percent (20%) or appeal, the Chair shall call a meeting. The decision of the

Board shall be issued within ten (10) days of the consideration of the request

or appeal. Notification of all actions on requests for variance or appeal,

whether by the Arborist or Tree Board, shall be forwarded to the applicant by

certified or registered mail, return receipt requested, and posted in a

conspicuous place, or in the office of the City Arborist, in the form of a

short, concise statement of the action taken. Within fourteen (14) days after

posting of decision, but not thereafter, any decision of the City Arborist or

Tree Board may be appealed by the applicant. The appeal of any decision by the

City Arborist shall be to the Tree Board, and the appeal of any decision of the

Tree Board shall be filed with the Clerk of Council for action by the Council

of Columbus. The appeal to the Council of Columbus is a de novo appeal, and

the Council may affirm, modify, or reverse the ruling of the Tree Board.



(d) Variances under this Ordinance shall be granted under the same procedures

and conditions as set forth in Section 22-37 of the Columbus Code of

Ordinances, excluding the notification of property owners, except that the Tree

Board will be acting as the appellate body on all matters under this Chapter

rather than the Board of Zoning Appeals. The Tree Board is granted the same

powers for hearing appeals and granting variances involving this Chapter as the

Board of Zoning Appeals is granted in hearing the appeals before it.



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Page 5

Amendment #3



Section 12: ALTERNATIVE COMPLIANCE



The intent of this Tree Protection and Replacement Ordinance is to insure that

a minimum density of trees is maintained on all developed sites. Occasionally,

this intent cannot be met because a project site will not bear the required

density of trees. To provide some alternatives in such cases, two methods of

compliance are acceptable: When the City Arborist makes a written finding that

the project site will not bear the required density of trees, the following

method of compliance is acceptable:



(1) planting at a location on public property or an appropriate conservation

easement remote from the project site. or,



- contributing to the Columbus, Georgia Tree Replacement Fund.



The following standards have been established for administering these this

alternative compliance methods:



The City Arborist must review and approve all requests for alternative

compliance. In no instance shall 100 percent of the required site density

factor be met through alternative compliance. As many trees as can reasonably

be expected to survive must be planted on the site in question.



The land disturbance permit will only be issued after the City Arborist has

approved the request and received the necessary documentation. and/or funds.



(a) Off-Site Planting.



If trees are to be planted at another location, the following criteria must be

observed:



The off-site location should be in the same area of the City as the project

site and will be selected by joint consultation between the developer and the

City Arborist. If they are unable to agree upon a mutually acceptable site,

then the Tree Board will select the site.









Page 6

A Tree Planting Plan meeting all applicable standards required in Section 9 of

this Ordinance must be reviewed and approved.



The following note must be shown on the approved plan:



"A Tree Planting Plan addendum for this project shall be submitted to the

Columbus, Georgia City Arborist within 30 days from the date of this land

disturbance permit. This plan shall include the species, size and location of

trees to be planted off-site to meet the tree density deficit shown. Release

of this project is subject to approval of this plan as well as verification of

the installation of the trees."



(b) Tree Replacement Fund.



As another method of alternative compliance, Columbus, Georgia will

accept donations to the Columbus, Georgia Tree Replacement Fund, which will be

used for the sole purpose of planting trees on public property in the same area

of the City as the project site.

(1) Calculating Contribution Amounts:



Contribution calculations are based on two-inch caliper replacement

trees with a value of $220.00, representing the average size and cost of

materials, labor and guarantee for trees planted in the Columbus, Georgia area.





Page 28

To determine the appropriate contribution, first calculate the Density Factor

Deficit (DFD) or unit value that cannot be planted on the site. Divide the DFD

by .5 (the unit value of a 2? caliper replacement tree) and multiply by $220.00.



EXAMPLE: A 2.2 acre site has a required Total Tree Density Units (TTDU)

standard of 22.0, Existing Tree Density Units (ETDU) OF 11.4, and can only

accommodate Replacement Tree Density Units (RTDU) of 9.0.







Page 7



Determine the Density Unit Deficit (DUD) using the formula:

DUD = TTDU - ETDU - RTDU



In this example, DFD = 22.0 ? 11.4 ? 9.0 = 1.6



Determine the acceptable contribution amount as follows:



1.6 divided by .5 multiplied by $220.00 = $704.00



(2) Fund Administration:



The Columbus, Georgia Tree Replacement Fund will be administered by the

Landscape and Forestry Division. A quarterly report shall be submitted to the

City Manager showing amounts collected, amounts spent, and the types and

locations of trees planted. The report will be made available to the Mayor and

Council upon their request.



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Amendment #4



Section 7: DENSITY REQUIREMENTS



(b) Low and Medium Density Single Family Residential Lots

and Subdivisions.



Prior to the issuance of (1) a Site Development Permit or a Residential

Development Permit for any property to be developed as a residential

subdivision within a low density single family residential or agricultural

zoning classification, or (2) a Building Permit for any lot not in a previously

approved single family residential subdivision for which a Tree Protection

and/or Tree Planting Plan has been approved, a Tree Protection and/or Planting

Plan shall be prepared and approved indicating compliance with the appropriate

tree density standards of density units per acre which corresponds to the

zoning classifications below:







Page 8





Zoning Classification Tree Density Units



A-1 Agricultural 12

R-1 Low Density Residential 10

R-1A Low Density Residential 8

R-2 Low Density Residential 6

R-3 Medium Density Residential 4



Trees must be protected and preserved in accordance with the provisions of

Section 10: Tree Protection During Construction Standards of this Ordinance and

any trees required to be planted to meet the requirements herein shall be

planted in accordance with the provisions of Section 11: Tree Planting

Standards of this Ordinance and shall be a species listed on Appendix A,

"Recommended Maturing or Small Maturing Tree Planting Lists" of this Ordinance.



All trees required by any required zoning buffer or on any individual lot as

provided hereafter or by any other legal requirement shall be counted in

calculating whether said property meets the required TDU standard.



Additionally, every residential lot containing 7,500 square feet area or

greater shall have a minimum of two trees located thereon. one of which must be

between the front set back line and the right-of-way. At least one of said

trees on lots containing 7,500 square feet or greater area shall be a large

maturing / canopy / shade tree. Lots containing less than 7,500 square feet

of surface area shall have a minimum of one tree which may be located anywhere

on the lot. These individual trees per lot may be counted as part of the

required tree density units per acre for the development, but they may be an

additional requirement if the appropriate units per acre requirement is met

elsewhere on the site. This tree per lot requirement shall apply to the

developer or home builder, whoever is responsible for obtaining the building

permit for the individual lot, but if it is to be applied to the home builder,

the developer will be given credit on the whole project for the trees which

will be required to be planted on the lots which may be built upon later.







Page 9



In the event final planting of the one or two tree per lot requirement of

Subsection 7 (b) or other required plantings cannot be accomplished on a single

family residential lot in a previously approved residential subdivision due to

the planting season, inclement weather, or other exigent circumstances whereby

the owner desires to move into said home prior to said planting,

owners/developers may submit a ?Request for Delay Affidavit? to the Arborist.



In the case of a single family residential home being built on any lot or tract

zoned as specified above in this sub-section 7 (b) greater than two acres in

surface area, the tree density units required to be met for said site shall be

those applicable to two acres irrespective of the greater size of said lot or

tract upon which said home is built.





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Amendment #5 (Councilor Smith)





Section 9: TREE PROTECTION AND PLANTING PLAN REQUIREMENTS





(a) Tree Protection and Planting Plan Required - All applications for site

development permits shall be accompanied by a Tree Protection and Planting Plan

drawn to a standard scale and size which includes the following:



(1) A tree and root protection zone plan for:



(A) all existing trees on the public right-of-way;



(B) all trees to be retained for credit under any of

the provisions of this Ordinance; and



(C) TDU and any applicable parking lot and/or

perimeter planting requirements and attainment.









Page 10

(2) A planting plan for all trees required to be

planted under any of the provisions of this Ordinance on public and private

property. Plans that are only for required street planting may be in written

form. This plan shall be approved prior to construction where street trees may

be effected.



(3) This Tree Protection and Planting Plan may be

included on other required plans.



(4) For subdivisions, this plan may be in narrative

form with sketch sufficient to identify tree save areas and how the project

will meet the requirements of this Ordinance. For residential subdivisions, a

copy of this plan shall be forwarded to the Building Inspections and Code

Department. All proposed site plans for any development for which a planting

plan has been approved shall make reference to the specified number of Tree

Density Units (TDU?s) or trees for that lot, and shall make reference to the

builder?s acknowledgement to meet these previously imposed requirements.



(b) Tree replacement and protection - When trees retained or planted as

required by this Ordinance die or are removed for any reason, except in single

family residential lots, they must be replaced during the next suitable

planting season in a manner, quantity and size agreed upon by the owner and the

Arborist. If they cannot agree, then the determination shall be made by the

Tree Board, with right of appeal by any aggrieved party. Trees shall be

allowed to grow to their natural height and form. Topping of any tree

necessary to attain compliance with any provision of this Ordinance is

prohibited.



(c) At the time a tree protection and planting plan

is submitted, the applicant must identify the builder or developer who shall

track and submit periodic reports and a final certification of compliance.



Section 13: CERTIFICATION AND INSPECTIONS



(a) Certification and Inspections.







Page 11



Inspections shall be performed at any time during the development process, and

from time to time, as determined by the City Arborist. Said inspections shall

be performed by the Arborist or one of her designees, which may include

officials of the Building Inspections and Code Department for single family

residential lots. Prior to the release of the certificate of occupancy, final

plat approval or final building inspection, an inspection and a report shall

will be performed made to assure compliance with the Tree Protection and

Planting Plan. The inspection and report shall be made by the builder or

developer identified pursuant to Section 9 of this ordinance and certified to

the City Arborist. Any required irrigation must be operational at this time.

Hose bibs and other watering devices specified on the plans will be verified,

and all plantings and trees retained for TDU credit will be inspected. Any

certificate of occupancy or final building inspection may be granted prior to

any required plantings having been fully installed if a ?Request for Delay

Affidavit? has been filed and approved by the Arborist.



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Alternate Amendment #5 (Councilor Poydasheff)





Section 9: TREE PROTECTION AND PLANTING PLAN REQUIREMENTS





(a) Tree Protection and Planting Plan Required - All applications for site

development permits shall be accompanied by a Tree Protection and Planting Plan

drawn to a standard scale and size which includes the following:



(1) A tree and root protection zone plan for:



(A) all existing trees on the public right-of-way;



(B) all trees to be retained for credit under any of

the provisions of this Ordinance; and



(C) TDU and any applicable parking lot and/or

perimeter planting requirements and attainment.







Page 12

(2) A planting plan for all trees required to be

planted under any of the provisions of this Ordinance on public and private

property. Plans that are only for required street planting may be in written

form. This plan shall be approved prior to construction where street trees may

be effected.



(3) This Tree Protection and Planting Plan may be

included on other required plans.



(4) For subdivisions, this plan may be in narrative

form with sketch sufficient to identify tree save areas and how the project

will meet the requirements of this Ordinance. For residential subdivisions, a

copy of this plan shall be forwarded to the Building Inspections and Code

Department. All proposed site plans for any development for which a planting

plan has been approved shall make reference to the specified number of Tree

Density Units (TDU?s) or trees for that lot, and shall make reference to the

builder?s acknowledgement to meet these previously imposed requirements.



(b) Tree replacement and protection - When trees retained or planted as

required by this Ordinance die or are removed for any reason, except in single

family residential lots, they must be replaced during the next suitable

planting season in a manner, quantity and size agreed upon by the owner and the

Arborist. If they cannot agree, then the determination shall be made by the

Tree Board, with right of appeal by any aggrieved party. Trees shall be

allowed to grow to their natural height and form. Topping of any tree

necessary to attain compliance with any provision of this Ordinance is

prohibited.



(c) At the time a tree protection and planting plan

is submitted, the applicant must identify (1) the City Arborist or (2) a

registered landscape architect or civil engineer or International Society of

Arboriculture-certified arborist or registered forester on a list approved by

the City Arborist who shall track and submit periodic reports and a final

certification of compliance.







Page 13

Section 13: CERTIFICATION AND INSPECTIONS



(a) Certification and Inspections.



Inspections shall be performed at any time during the development process, and

from time to time, as determined by the City Arborist. Said inspections shall

be performed by the Arborist or one of her designees, which may include

officials of the Building Inspections and Code Department for single family

residential lots. Prior to the release of the certificate of occupancy, final

plat approval or final building inspection, an inspection and a report shall

will be performed made to assure compliance with the Tree Protection and

Planting Plan. The inspection and report shall be made by (1) the City Arborist

or his or her designee or (2) by a registered landscape architect or civil

engineer or International Society of Arboriculture-certified arborist or

registered forester on a list approved by the City Arborist. Any required

irrigation must be operational at this time. Hose bibs and other watering

devices specified on the plans will be verified, and all plantings and trees

retained for TDU credit will be inspected. Any certificate of occupancy or

final building inspection may be granted prior to any required plantings having

been fully installed if a ?Request for Delay Affidavit? has been filed and

approved by the Arborist.





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Amendment #6



Section 16: ENFORCEMENT AND ADMINISTRATION



(a) The City Arborist, or his or her designee, shall review and approve or

disapprove all Tree Protection Plans and Tree Planting Plans submitted as

required by Section 9 of this Ordinance within 15 calendar days after it is

filed. No Site Development Permit, Residential Development Permit, Certificate

of Occupancy, final building inspection, or Building Permit shall be issued

without the approval of the City Arborist signifying compliance with the

provisions of this Ordinance.









Page 14

(b) On any project which the Community and Economic Development Department

determines to be a fast tract, large economic development project, the Arborist

will work with the Community Project Team, the Development Authority, the

developer, and the company representatives to meet the fifteen (15) day permit

turn around time. These are special projects determined by the City, and it is

intended for this action to be processed concurrent with all other permitting

actions relating to said project in support of its fast track designation.



(c) The City Arborist shall have the authority to revoke, suspend or void any

Site Development Permit, final inspection, or Building Permit or to withhold

any Certificate of Occupancy or approval of a Final Plat, and shall have the

authority to suspend all work on a site or any portion thereof, where tree

removal or damage occurs in violation of this Ordinance or the provisions of

the approved Tree Protection and Planting Plan for the site. The City

Arborist's authority to suspend work on a site must have the concurrence of the

Department Director.



(d) It shall be unlawful to falsify any information contained in any

application, plan or report required by this ordinance. If the City Arborist

makes a written determination that a person has falsified any application, plan

or report required by this ordinance, such person shall not be permitted to

certify compliance with this chapter for a period of five (5) years, such

person shall submit and implement a revised tree protection and planting plan

approved by the City Arborist, and such person shall be subject to a minimum

fine of $500.00 for violation of this subsection.



(e) Any person violating any of the provisions of this chapter, except

subsection (d) of this Code section, shall be punished as provided in Section

1-8 of the Columbus Code. The penalty for any violation of any section,

paragraph or provision of this Chapter shall be in accordance with Section 1-8

of the Columbus Code of Ordinances. Each day of any violation of any provision

of this Chapter shall constitute a separate offense. Any action which results

in the death or destruction of a public tree located on City property shall be

subject to fine in an amount equal to $100.00 for each inch of diameter at

breast height (DBH) or stump diameter if tree is no longer present, up to a

maximum fine of $1,000.00.







Page 15

All money collected from fines shall be deposited in the Columbus, Georgia Tree

Replacement Fund.



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Amendment #7



Section 4: TREE BOARD



(a) A Tree Board is hereby established to be composed of seven (7) eleven (11)

members appointed by the Council of Columbus. All appointments shall be for a

three-year term; except the initial appointments shall be as follows: two (2)

four (4) members appointed for a three-year term to terminate December 31,

2004; two (2) four (4) members appointed for a two-year term to terminate

December 31, 2003; and three (3) members shall be appointed for a one-year term

to terminate December 31, 2002 July 1, 2003. The initial term shall be

considered a full term under the provisions of "Sec. 2-1 Governing bodies,

generally" of the Code of Ordinances.



(b) The Mayor and Council, when appointing members to the Tree Board, shall

give consideration to those persons who have demonstrated an interest in the

preservation and conservation of trees in the City. Appointments shall be made

so that the seven (7) members of the Tree Board consist of representatives from

each of the following groups:



(1) A public utility providing service within the

City;



(2) An educator employed by Columbus State University, the Muscogee County

School District, or Columbus Technical College whose principal field of

activity is science and/or the environment;



(3) The Director or a Commissioner of Keep Columbus Beautiful;



(4) A representative of the development or building community of the City

working primarily in commercial and/or industrial development;







Page 16

(5) A representative of the development or building community of the City

working primarily in residential development;



(6) A representative of an environmental advocacy group headquartered in the

City; and



(7) A representative who is a landscape or forestry professional.; and



The additional four (4) members of the Tree Board shall be appointed from the

public at large. The City Arborist shall serve as an advisor to and as an ex-

officio member of the Board, but shall not have the right to vote as a Board

member.



(8) Four (4) members from the public at large.



The City arborist shall serve as an advisor and as an ex officio member of the

board.



(c) The Tree Board shall have the following responsibilities:



(1) The Board shall choose its own officers, make its own rules and

regulations, establish meeting dates and keep minutes of its proceedings. The

Board rules and regulations shall be approved by the City Attorney's Office and

a copy shall be forwarded to the Clerk of Council. A majority of the total

members shall be a quorum for the transaction of business.



(2) To prepare or update, annually, a written, City-wide ?Tree Master Plan?

that guides the care, preservation, pruning, planting, replanting, removal, or

disposition of trees on public lands; such plan shall consider existing and

future utility locations and environmental factors in relation to existing and

future tree species on public lands or on private lands, as provided in this

Ordinance or other Ordinances; such plan shall be recommended to the Mayor and

Council and upon their acceptance and approval shall be implemented as the

?Tree Master Plan.?





Page 17

(3) To grant appropriate variances and hear appeals from any decision of the

City Arborist regarding the enforcement of this Ordinance.



(4) To make recommendations to the City Arborist and the Mayor and Council of

Columbus, Georgia.



(5) To act on other matters designated by this article chapter or by the Mayor

and Council of Columbus, Georgia.



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Amendment #8



Section 4: TREE PROTECTION ADVISORY BOARD AND BOARD OF ARBOR APPPEALS



(a) A Tree Protection Advisory Board is hereby established to be composed of

seven (7) members appointed by the Council of Columbus. All appointments shall

be for a three-year term; except the initial appointments shall be as follows:

two (2) members appointed for a three-year term to terminate December 31, 2004;

two (2) members appointed for a two-year term to terminate December 31, 2003;

and three (3) members shall be appointed for a one-year term to terminate

December 31, 2002 July 1, 2003. The initial term shall be considered a full

term under the provisions of "Sec. 2-1 Governing bodies, generally" of the

Code of Ordinances.



The Mayor and Council, when appointing members to the Tree Protection Advisory

Board, shall give consideration to those persons who have demonstrated an

interest in the preservation and conservation of trees in the City.

Appointments shall be made so that the seven (7) members of the Tree Protection

Advisory Board consist of representatives from each of the following groups:



(1) A public utility providing service within the City;



(2) An educator employed by Columbus State University, the Muscogee County

School District, or Columbus Technical College whose principal field of

activity is science and/or the environment;







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(3) The Director or a Commissioner of Keep Columbus Beautiful;



(4) A representative of the development or building community of the City working

primarily in commercial and/or industrial development;



(5) A representative of the development or building community of the City

working primarily in residential development;



(6) A representative of an environmental advocacy group headquartered in the

City; and



(7) A representative who is a landscape or forestry professional. and



(8) Four (4) members from the public at large.



The City arborist shall serve as an advisor and as an ex officio member of the

board.



(b) The Tree Protection Advisory Board shall:



(1) Choose its own officers, make its own rules and regulations, establish

meeting dates and keep minutes of its proceedings. The Board rules and

regulations shall be approved by the City Attorney's Office and a copy shall be

forwarded to the Clerk of Council. A majority of the total members shall be a

quorum for the transaction of business.



(2) Advise and make recommendations to the City Arborist and the Columbus

Council with respect to all matters concerning tree preservation and tree

replacement in Columbus, Georgia.



(3) Prepare or update, annually, a written, City-wide ?Tree Master Plan? that

guides the care, preservation, pruning, planting, replanting, removal, or

disposition of trees on public lands; such plan shall consider existing and

future utility locations and environmental factors in relation to existing and

future tree species on public lands or on private lands, as provided in this

Ordinance or other Ordinances; such plan shall be recommended to the Mayor and

Council and upon their acceptance and









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approval shall be implemented as the ?Tree Master Plan."



(4) Act on other matters designated by this chapter or by the Mayor and Council

of Columbus, Georgia.





(c) The Board of Arbor Appeals is hereby created and shall be composed of five

(5) members appointed by the Columbus Council from the public at large. All

appointments shall be for a three-year term, except the initial appointments

shall be as follows: two (2) members appointed for a three-year term to

terminate December 31, 2004; two (2) members appointed for a two-year term to

terminate December 31, 2003; and one (1) member shall be appointed for a

one-year term to terminate July 1, 2003. The initial term shall be considered

a full term under the provisions of "Sec. 2-1 Governing bodies, generally" of

the Code of Ordinances.



(d) The Board of Arbor Appeals shall have the following responsibilities:



(1) The Board shall choose its own officers, make its own rules and

regulations, establish meeting dates and keep minutes of its proceedings. The

Board rules and regulations shall be approved by the City Attorney's Office and

a copy shall be forwarded to the Clerk of Council. A majority of the total

members shall be a quorum for the transaction of business.



(2) The Board shall grant appropriate variances and hear appeals from any

decision of the City Arborist regarding the enforcement of this Ordinance.



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Amendment #9





Section 7: DENSITY REQUIREMENTS



(a) How Site Density Requirements Are Calculated:



(1) Formula for Calculation. The Tree Density Units required by the Tree

Preservation and Replacement Ordinance may be achieved by counting existing

trees to be preserved, planting new trees, or some







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combination of the two as represented by the formula: Total Tree Density Units

(TTDU) = Existing Tree Density Units (ETDU) + Replacement Tree Density Units

(RTDU) (see below). The tree density requirement must be met whether or not a

site had trees prior to development.



(2) Total Tree Density Units (TTDU) Requirements for a Site. The Total Tree

Density Unit requirement for a site is the minimum Tree Density Units (TDU)

required to be maintained on a developed site. It is calculated by multiplying

the number of site acres by the appropriate Tree Density Unit (TDU) number for

the applicable zoning classification. Determine the affected site acreage by

starting with the area of the parcel(s) of land on which the project is

located. Subtract the area of any utility easement and pond or lake and dam

over one (1) acre in area.



(3) Existing Tree Density Units (ETDU). Existing Tree Density Units (ETDU)

is the density of existing trees to be preserved on a site. Trees that exist

in any utility easements cannot be counted toward meeting tree density

requirements. The ETDU is calculated by converting the diameter of individual

existing trees to density factor units. (See Tables B-1 and B-2 below.)



(4) Replacement Tree Density Units (RTDU). Replacement Tree Density Units

(RTDU) is the density of new trees to be planted on a site, excluding utility

easements. Calculate the RTDU by subtracting the ETDU from the TTDU. The

density factor credit for each caliper size of replacement (new) trees is shown

in Table A below.



(b) Low and Medium Density Single-Family Residential Lots

and Subdivisions.



Prior to the issuance of (1) a Site Development Permit or a Residential

Development Permit for any property to be developed as a residential

subdivision within a low density single-family residential or agricultural

zoning classification, or (2) a Building Permit for any lot not in a previously

approved single-family residential subdivision for which a Tree Protection

and/or Tree Planting Plan has been approved, a Tree Protection and/or Planting

Plan shall be prepared and approved indicating compliance with the







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appropriate tree density standards of density units per acre which corresponds

to the zoning classifications below:



Zoning Classification Tree Density Units



A-1 Agricultural 12

R-1 Low Density Residential 10

R-1A Low Density Residential 8

R-2 Low Density Residential 6

R-3 Medium Density Residential 4



Trees must be protected and preserved in accordance with the provisions of

Section 10: Tree Protection During Construction Standards of this Ordinance and

any trees required to be planted to meet the requirements herein shall be

planted in accordance with the provisions of Section 11: Tree Planting

Standards of this Ordinance and shall be a species listed on Appendix A,

"Recommended Maturing or Small Maturing Tree Planting Lists" of this Ordinance.



All trees required by any required zoning buffer or on any individual lot as

provided hereafter or by any other legal requirement shall be counted in

calculating whether said property meets the required TDU standard.



Additionally, every residential lot containing 7,500 square feet area or

greater shall have a minimum of two trees located thereon, one of which must be

between the front set back line and the right-of-way. At least one of said

trees on lots containing 7,500 square feet or greater area shall be a large

maturing / canopy / shade tree. Lots containing less than 7,500 square feet

of surface area shall have a minimum of one tree which may be located anywhere

on the lot. These individual trees per lot may be counted as part of the

required tree density units per acre for the development, but they may be an

additional requirement if the appropriate units per acre requirement is met

elsewhere on the site. This tree per lot requirement shall apply to the

developer or home builder, whoever is responsible for obtaining the building

permit for the individual lot, but if it is to be applied to the home builder,

the developer will be given credit on the whole project for the trees which

will be required to be planted on the lots which may be built upon later.







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In the event final planting of the one or two tree per lot requirement of

Subsection 7 (b) or other required plantings cannot be accomplished on a

single-family residential lot in a previously approved residential subdivision

due to the planting season, inclement weather, or other exigent circumstances

whereby the owner desires to move into said home prior to said planting,

owners/developers may submit a ?Request for Delay Affidavit? to the Arborist.



In the case of a single-family residential home being built on any lot or tract

zoned as specified above in this sub-section 7 (b) greater than two acres in

surface area, the tree density units required to be met for said site shall be

those applicable to two acres irrespective of the greater size of said lot or

tract upon which said home is built.



(c) All Other Residential Lots and Subdivisions, Commercial and Industrial

Developments.



Prior to the issuance of a Site Development Permit or Residential Development

Permit, or Building Permit for any lot not in a previously approved

single-family residential subdivision if a site is eligible for Self Permitting

under the provisions of Section 17C, Soil Erosion & Sedimentation Ordinance,

for any property to be developed within any zoning classification other than

those specified for Low and Medium Density Single-Family Residential Lots and

Subdivisions above, a Tree Protection and/or Planting Plan shall be prepared

and approved indicating compliance with a tree density standard of ten (10)

density units per acre.



All trees required by any required zoning buffer, street or perimeter trees and

trees required to be planted in any parking lot as provided hereafter or by any

other legal requirement shall be counted in calculating whether said property

meets the required TDU standard.



Trees to be counted in arriving at required TDU standards must be protected and

preserved in accordance with the provisions of Section 10: Tree Protection

During Construction Standards of this Ordinance and any trees required to be

planted to meet the requirements herein shall be planted in accordance with the

provisions of Section 11: Tree Planting Standards of this Ordinance and shall

be a species listed on Appendix A , "Recommended









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Large Maturing or Small Maturing Tree Planting Lists" of this Ordinance.



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Amendment #10



Section 13: INSPECTIONS



(a) Inspections.



Inspections shall be performed at any time during the development process, and

from time to time, as determined by the City Arborist. Said inspections shall

be performed by the Arborist or one of her designees, which may include

officials of the Building Inspections and Code Department for single family

residential lots and commercial lots. Prior to the release of the certificate

of occupancy, final plat approval or final building inspection, an inspection

will be performed to assure compliance with the Tree Protection and Planting

Plan. Any required irrigation must be operational at this time. Hose bibs and

other watering devices specified on the plans will be verified, and all

plantings and trees retained for TDU credit will be inspected. Any certificate

of occupancy or final building inspection may be granted prior to any required

plantings having been fully installed if a ?Request for Delay Affidavit? has

been filed and approved by the Arborist.



(b) Maintenance Inspection.



Any planted materials that are dead or missing at the time of that inspection

must be replaced by the responsible party.



The City Arborist shall provide the responsible party with a written evaluation

of what trees need to be replaced and the time frame within which replacement

is to occur.



Any trees in a state of decline will be noted and subject to monitoring at

later dates. If such trees die, they will become the responsibility of the

current owner to replace.







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Amendment #11



Section 20: EFFECTIVE DATE



This Ordinance shall become effective one hundred and twenty (120) calendar

days from adoption of this Ordinance. This ordinance shall only apply to those

applications for building, site development or residential development permits

submitted after the effective date of this ordinance.