Columbus, Georgia

THOMAS MILTON JONES

3438 Sue Mack Drive

Columbus, Georgia 31906





February 20th, 2002





To the Honorable Mayor and Councilors of Columbus, Georgia:



Re: Proposed Revision of Columbus? Tree Planting and Protection

Ordinance



Ladies and Gentlemen:



On behalf of the Committee appointed by the City Manager to help create a new

Tree Ordinance for the City of Columbus, I am pleased to deliver for your

consideration our proposal. This document is the result of sixteen months

labor by your Committee, which was composed of the following individuals: Susan

Binns, Commissioner of Keep Columbus

Beautiful; Erin Bouthillier, Environmental Science Director, Moore Bass

Consulting; Leah Braxton, W.C. Bradley Company; Don Campbell, landscape

architect with French and Associates; Dr. Becky Champion, Director of Oxbow

Meadows Environmental Center; Bill Consolletti, registered forester with

Mead; Glenn Davis, retired professional ball

player, community representative; Dave Erickson, Pinnacle Homes; Marty

Flournoy, Flournoy Calhoun Realtors; John Flournoy, Flournoy Development

Company; Phillip Ford, Executive Director of the Greater Columbus Home

Builders; Larry French, landscape architect with French and Associates;

Susan Kleto, registered forester, former City Arborist and now Executive

Director of Trees Columbus; Warren Mason, civil engineer with Moon, Meeks,

Mason and Vinson; Jody Nelson, registered forester with Georgia Power;

Samantha Reese, head of the Horticultural Department of Columbus Tech; Otis

Scarborough, The Woodruff Company; Gloria Weston-Smart, Executive Director,

Keep Columbus Beautiful; Ken Spano, Spano Investments; Che Spurlin, former

Chairman of the Board of Elections and community representative; Elizabeth

Thorne, homemaker

and community representative; Teresa Tomlinson, attorney with Pope McGlamery

and headed the Overlook Community Preservation Association, and me.



We received significant support and advice from Isaiah Hugley, Assistant City

Manager; Rick Jones, Director of Community and Economic Development; Donna

Newman, Assistant City Engineer; first Susan Kleto and later Rachel Buice, the

former and present City Arborists; Richard Smith, member of Council and former

Director of Georgia Extension Service; Steve Smith, our local Urban Forester

with Georgia Forestry Commission, as well as others with the Georgia Forestry

Commission, Georgia Urban Forest Council and the University of Georgia School

of Forestry.



This proposal is the result not only of sixteen months, it is the product of a

lot of hard bargaining and compromise by members of the Committee. I believe

the finished product is a reasonable proposal that has been drafted by a

responsible group of people, which, as you can tell, has diverse interests. I

wish I could tell you every member of

the Committee favored every provision in the Ordinance. However, there is no

one among us who is entirely pleased. There are items in it some wish were

not, and there are items not in it which some wish were. Frankly, this is not

surprising when you are dealing with a subject as complex as this, and a group

as diverse as ours. The point I hope you will keep in mind as you consider our

proposal is this: a lot of thought has been put into this document by a lot of

people who took this effort very seriously. It may not be perfect -- but it

does represent a reasonable compromise of various points of view. I assure

you, nothing is in it without a reason, and nothing is not in it without a

reason -- generally one that has been debated extensively in the Committee,

and I look forward to being able to review it with you in detail in person.



Finally, there are several matters the Committee has asked me to call to your

attention in the nature of recommendations. While they do not involve the Tree

Ordinance per se, they do have an impact on our urban forest, and we think your

favorable consideration of them will help the development community in our city

as well as provide a better

environment and make it easier to have trees. These are:



1) As the new Development and Zoning Ordinance which is under study is

perfected, serious review be given the number of required parking spaces in

various types of development. There is a feeling by many that Columbus

requires too many parking spaces, which unnecessarily increases the cost of

development and cuts down on the space available to save and/or plant trees.



2) As to the above Development and Zoning Ordinance, consideration be given

to reducing the required width of streets in residential subdivisions,

rights-of-way widths and permissible percentages of shoulder slopes. This,

too, could save on costs of development, and permit more room for trees.



3) Again, in regards to the above Development and Zoning Ordinance, we hope

that additional zoning classifications are considered such as cluster lots with

open space designs to balance developer density needs with tree preservation.



4) Finally, we sincerely hope that you find it within the City?s finances to

allocate additional resources and personnel to the Landscape and Arborist

Division to allow it to perform the additional duties and responsibilities

inherent in this proposed Ordinance in such a manner as to not create backlogs

and delays in the development process. As in

most other fields of endeavor, time is money, and delay in the approval of

plans, performance of inspections, etc., adds to development costs.



Thank you for your attention and this opportunity to have been of

service.



Very truly yours,







Milton Jones

cc: Members of the Committee



An Ordinance



NO. _______





An Ordinance repealing Chapter 20A entitled Tree Planting and Protection

and adopting new regulations for tree protection and planting requirements.





THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY ORDAINS:



That Chapter 20A entitled Tree Planting and Protecting is hereby repealed and

adoption of the attached text entitled Tree Preservation and Replacement is

hereby adopted in lieu thereof.



Introduced at a regular meeting of the Council of Columbus, Georgia held on the

__ day of ___________, 2002; introduced a second time at a regular meeting of

said Council held on the __ day of _____, 2002, and adopted at said meeting by

the affirmative vote of _____ members of said Council.



Councilor Allen voting ________

Councilor Henderson voting ________

Councilor Hunter voting ________

Councilor McDaniel voting ________

Councilor Poydasheff voting ________

Councilor Rodgers voting ________

Councilor Smith voting ________

Councilor Suber voting ________

Councilor Turner Pugh voting ________

Councilor Woodson voting ________







__________________________________ ________________________________

Tiny B. Washington, Clerk of Council Bobby G. Peters, Mayor







TREE PRESERVATION AND REPLACEMENT ORDINANCE





Section 1: FINDINGS, INTENT AND STATEMENT OF PURPOSE



Columbus, Georgia, is situated in an area covered with a wide variety of

deciduous and evergreen trees and shrubs which are a vital part of the heritage

passed to us by nature and our forefathers.



Trees are recognized to be a valued asset providing a healthier and more

beautiful environment in which to live. Trees are economically beneficial in

attracting new residents and tourists. Tree preservation enhances the value and

marketability of property and, thereby, promotes the stability of residential

neighborhoods making them more livable and desirable, and thus helps prevent

the emergence of blighted neighborhoods, slum conditions and urban sprawl.



Trees aid in preventing erosion, storm drainage, siltation of streams and

reservoirs, and flash flood damage. Trees are valuable in providing shade and

cooling effects, and in preventing air, noise, and visual pollution.



The purpose of this chapter is to:



(a) Make Columbus, Georgia a more attractive and healthy environment in

which to live, and better control stormwater runoff, noise, glare, heat, and

soil erosion;



(b) Provide the necessary information to facilitate development project

design, plan review, and enforcement processes in order that the provisions of

this Ordinance are administered in the most effective, efficient and economical

manner;



(c) Establish and maintain the maximum sustainable amount of tree cover on

public and private lands in the city;



(d) Maintain city trees in a healthy and non-hazardous condition; and





(e) Establish and maintain appropriate diversity in tree species and age

classes to provide a stable and sustainable urban forest.



Section 2: DEFINITIONS



For the purpose of the administration and enforcement of this Ordinance and

unless otherwise stated, the following words shall have the definitions

indicated, and when used in the present tense shall include future tense; when

stated in the plural shall include the singular; and the word ?shall? is

mandatory, not discretionary.





Arborist: One who is versed in the art of arboriculture, including tree

surgery, the prevention and cure of tree diseases and the control of insect

pests.



Arterial Street: See ?street?.



Berm: A mound of earth between two and six feet high used to buffer or screen

a land use.



Bona fide Agricultural Purpose: Good faith commercial or domestic agricultural

use of the land, any such determination of which shall be based upon, but not

limited solely to, the following factors: (1) the length of time the land

will be so utilized; (2) the productivity of land in its present use; (3)

the relationship of the property to the comprehensive zoning plan; and (4)

the current zoning classification of such lands as delineated on the official

zoning map.



Buffer: Land area used to visibly separate one use from another through

screening and distance.



Caliper: The diameter or thickness of the trunk of a nursery-grown tree as

measured at six inches (6?) above the top of the root mass.



Canopy Trees: Canopy tree species shall be a minimum of eight feet in height

and have a caliper of at least two inches immediately after planting. These

species shall have an average mature crown spread of at least 25 feet when

grown in Columbus, Georgia. See Large Maturing Tree.



Central Business District (CBD): Areas zoned C-1 and CRD on the Official

Zoning Atlas of Columbus, Georgia.



City: Governmentally, the Consolidated Government of Columbus, Georgia; or,

the geographical area lying within the municipal

boundaries of the Consolidated Government of Columbus, Georgia or Muscogee

County, Georgia.



City Arborist: The Manager of the Landscape & Forestry Division of Columbus,

Georgia or his or her designee.



City Land Planner: The individual employed within the Planning Division of the

Department of Community and Economic Development charged with reviewing

subdivision plats and site plans.



Clearing: Removal and proper disposal of exposed objectionable matter from an

area. This may include but is not limited to trees, roots, grass, underbrush,

rubble, any type of structures, etc.



County: Muscogee County, Georgia.



Critical Establishment Period: The first two years after a tree is planted.



Critical Root Zone: An area on the ground around a tree that is within the

dripline of a tree.



Cutting: The detaching or separating of any limb, branch, or root from a tree.



Dead Tree: A tree that does not contain any live tissue, i.e., green leaves or

live limbs.



Deciduous: A plant with foliage that drops or dies at the end of a growing

season.



Deciduous Tree: Any tree which naturally loses its leaves in the Fall.



Density Factor: A unit of measure used to prescribe the calculated tree

coverage on a site.



Diameter Breast-Height (DBH): The standard measure of tree size (for trees

existing on a site). The tree trunk is measured at a height of four and

one-half (4.5) feet above the ground. If a tree splits into multiple trunks

below 4.5 feet, measure the trunk at its most narrow point beneath the split.



Diameter, Tree: The diameter of a tree measured as follows: 1) for existing

preserved trees, at a point 4.5 feet above the ground; 2) for new replaced

trees, at a point 6 inches above the ground. (For multi-trunk trees see

Diameter Breast-Height (DBH) above.)



Drip Line: A vertical line extending from the outermost branches of a tree to

the ground.





Floodplain, 100 Year: Per Section 11A-2 Floodplain Ordinance ? Land in the

floodplain subject to a 1% or greater statistical occurrence probability of

flooding in any given year.



Freeway: The highest type of arterial highway which has full control access

giving preferential treatment to thru traffic. Typically, freeways are

multi-lane roadways with medians, grade separations at cross streets, ramp

connections & frontage roadways for access to

adjoining properties.



Grading: Altering the shape of the ground surfaces to a predetermined

condition; this includes stripping, cutting, filling, stockpiling & shaping or

any combination thereof and shall include the land in its cut or filled

condition.



Green Space: Any area retained as permanently vegetated land.



Ground cover: Grasses or other plants grown to keep soil from being blown or

washed away.



Land Disturbing Activity: Any activity which may result in soil erosion from

water or wind and the movement of sediments into state waters or onto lands

within the state, including but not limited to clearing, dredging, grading,

excess transportation and filling of land but not including agriculture

practices as described in the Soil Erosion and Sedimentation Control Ordinance,

Section 17C-4 of the Code of Ordinances.



Large Maturing Tree: Large maturing tree species shall be a minimum of eight

feet in height and have a caliper of at least two inches immediately after

planting. These species shall have an average mature crown spread of at least

25 feet when grown in Columbus, Georgia. See

Canopy Tree.



Lot: A portion of a subdivision or any other parcel of land intended as a unit

for transfer of ownership, or lease to, or separate use of, another, or for

development. The word ?lot? includes, but is not limited to, ?plot? or

?parcel.?



Lot Area: The area contained within the property lines of a lot, excluding

space within any street right-of-way, but including the area of any easement.



Mature Tree is hereby defined to mean any tree which has attained the

capability of flowering and reproducing.



Modification: A type of administrative appeal that may be granted by the City

Arborist only where specifically authorized in this Ordinance.



Mulch: A layer of wood chips, pine straw, hay or other material placed on the

surface of the soil around plants to retain moisture, prevent weeds from

growing, hold soil in place and aid in plant growth.



Natural Area: An area of natural vegetation that is generally undisturbed,

unmaintained, and is self-perpetuating. It includes not only trees, but also

native shrubs, ground covers, wildflowers, vines, and grasses.



Official Street Tree Planting Plan and Program: A plan and program adopted for

the planting of trees along public streets, parks and other public places.



Ornamental Grass: A grass planted primarily for its ornamental value or for

screening purposes.



Park: All public land set aside for open space and recreation purposes.



Parking Lot: An impervious surface used for the parking, storage or display

of motor vehicles, boats, recreational vehicles, etc.



Perimeter Planting Strip: Land area located within the boundary of a lot and

required to be set aside and used for landscaping upon which only limited

encroachments are authorized.



Planting Season: The time period or season during which newly planted trees

will have the best opportunity for survival. The planting season begins on

November 1st and ends on March 31st.



Private Tree: Any tree located on private property.



Pruning: The elimination of live and dead branches from a tree's crown to

improve tree structure, enhance vigor and/or maintain safety.



Public Places: All lands owned by the Consolidated Government of Columbus,

Georgia.



Public Tree: Any tree located on property belonging to the Consolidated

Government of Columbus, Georgia.





Removal: The physical removal of a tree.



Replacement Tree: A new tree planted on a site to meet minimum site density

factor equirements (regardless of whether trees existed prior to any

development).



Residential Development Permit: Permit issued giving authorization to begin

land disturbing activities for a single family residential construction project

as defined in Section 17C, Soil Erosion & Sedimentation Ordinance.



Residential zones: Areas zoned R-1, R-1A, R-2, R-3, R-3A, R-3B or R-4 on the

Official Zoning Atlas of Columbus, Georgia.



Right-of-way: A strip of land over which Columbus has the right by ownership

to construct a public street, sidewalk, or use for public utilities.



Screening: A method of shielding or obscuring one abutting or nearby structure

or use from another by opaque fencing, walls, berms, densely planted

vegetation, or the like.



Self permitting: A process permitted by Section 17C, Soil Erosion &

Sedimentation Ordinance involving single family residential construction as

defined in Section 17C, Soil Erosion & Sedimentation Ordinance.



Shrub: A woody plant, smaller than a tree, consisting of several small stems

from the ground or small branches near the ground.



Site Development Permit: Permit issued giving authorization to begin land

disturbing activities for all non-exempt land disturbing activities other than

those requiring a Residential Development Permit (RDP) or UDP (Utility

Development Permit) or MLD (Minor Land Disturbance Permit) as defined in

Section 17C, Soil Erosion & Sedimentation Ordinance.



Site Plan: A plan provided that reflects existing and proposed conditions on a

site that is intended for construction. This may include but is not limited to

topography, structures and/or additions, grading, drainage, erosion control

measures, trees to be saved or planted to comply with the requirements of this

Ordinance, best management practices, parking requirements, streets and other

type improvements.



Small Maturing Tree: Small maturing tree species shall have an average mature

crown spread of at least 15 feet when grown in Columbus, Georgia. Small

maturing tree species shall be a minimum of five feet in height and have a

caliper of at least one and one-half inches

immediately after planting. See Understory tree.



Street: A dedicated and accepted public right-of-way for vehicular and

pedestrian circulation. The definition shall include but is not limited to the

following:



(a) Arterial: A street which expedites movement of through traffic to major

traffic generators and from community to community. Arterials collect and

distribute traffic from freeways and expressways to less important streets or

directly to traffic destinations.

(b) Collector street: A street which collects and distributes traffic from

arterials to access streets or directly to traffic destinations. Collectors

generally serve neighborhood traffic generators.

(c) Local streets: A street which provides vehicular access to the

properties abutting it.



Street Tree or Trees: Any existing tree or any tree to be planted on the street

right-of-way.



Subdivision: Division of a tract or parcel of land into two or more lots,

building sites or other divisions for the purpose of either immediate or future

sale, lease or building development, including all divisions of land involving

a new street or a change in existing streets. The term subdivision does not

apply to the division of land into parcels of five or more acres where no new

street is involved.



Timber Harvesting: The felling, loading and transporting of timber products

(pulpwood, etc.). The term "timber harvesting" may include both clear cutting

and selective cutting of timber.



Topping: The severe cutting back of branches to a stub, bud, or a lateral

branch not large enough to assume the terminal role.



Toxic Chemical: Any chemical deemed by the City Arborist to be damaging to the

tree or the soil on public lands.



Tree: A usually tall, woody plant, distinguished from a shrub by having

comparatively greater height and, characteristically, defined as:



1. Canopy (Large Maturing) ? Single trunk whose height is greater than 35 feet

at maturity, or

2. Understory (Small Maturing) ? Single trunk or multi-stem whose height is

less than 35 feet at maturity.



Tree Density Standard (TDS): The minimum number of Tree Density Units per acre

which must be achieved on a property.



Tree Density Unit (TDU): A credit assigned to a tree, based on the diameter of

the tree, in accordance with tables contained in this Ordinance.



Tree Permit: That consent given in writing by the city arborist to a person or

private firm or agency to maintain, remove or do any work requiring a permit

involving any tree within the public right-of-way or other public property.



Tree Planting Standards and Specifications: The design standards and

specifications adopted for the planting or maintenance of trees. See Section

11 of this Ordinance.



Tree Protection and/or Planting Plan (TP/PP): A plan that identifies Tree

Protection Areas where existing trees are to be protected and preserved, and

replacement trees planted on a property to meet minimum requirements, as well

as methods of tree protection to be undertaken on

the site and other pertinent information.



Tree Protection Area (TPA): Any portion of a site wherein are located existing

trees which are proposed to be preserved in order to comply with the

requirements of this Ordinance. The Tree Protection Area shall include no less

than the total area beneath the tree canopy as defined

by the dripline of the tree or group of trees collectively.



Tree Save Area: All areas designated for the purpose of meeting tree density

requirements and/or preserving natural buffers.



Tree Thinning: Selective cutting or thinning of trees only for the clear

purpose of good forestry management in order to protect said forest from

disease or infestation and in no way shall be construed as including clear

cutting.



Understory Tree: Understory tree species used shall have an average mature

crown spread of at least 15 feet when grown in Columbus, Georgia. Understory

tree species shall be a minimum of five feet in height and have a caliper of at

least one and one-half inches immediately after planting. See Small Maturing

Tree.



Use: The purpose or activity for which land or buildings are designed,

arranged, or intended or for which land or buildings are occupied or maintained.



Utility Easement: The right-of-way acquired by a utility or governmental

agency or private agency to locate utilities, including all types of pipelines,

television cable, telephone and electric cables.



Zoning Buffer: An area required by the Zoning Ordinance or as a condition of

zoning, special use or variance approval for a specific property.



Zoning Ordinance: The action by the Council of Columbus, Georgia rezoning a

property.





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.



(b) Direct, regulate and control the planting, maintenance and removal of all

trees growing now or hereafter in any public area of Columbus, Georgia;



(c) Make cases for violations of this chapter, to issue summons directed to

the offenders and to appear in the Recorder?s Court or such other court as

shall have jurisdiction of the matter;



(d) Produce tree planting and maintenance standards and specifications to

specify planting methods, maintenance and location of trees on public

rights-of-way, in parks, and in public places within Columbus, Georgia;



(e) Prepare a street tree planting plan and program along all major arterial

streets, collector streets, and publicly owned spaces. He or she shall further

be responsible for preparing detailed plans and specifications for all areas

covered by the tree planting plan;



(f) Cooperate closely with and assist the Public Services Department, the

Community and Economic Development Department, the Engineering Department, the

Parks and Recreation Department, the Development Authority and the Downtown

Development Authority, and all other City departments of this government in a

program to protect and maintain existing trees and green areas and all City

owned and recreational lands and properties; and to review and comment on the

proposed landscaping plans of all recreational lands and other public

properties within the City;



(g) Review and make recommendations and/or comments on all proposed

landscaping or development plans of any department of the Consolidated

Government, or any plans of whatever nature which propose the planting or

removal of any public trees;



(h) Monitor the impact of this Ordinance through canopy studies, tree

inventories and other methods and report on the same to the Tree Board and

Council; and



(i) Study and make recommendations to the Mayor and Council regarding the

planting, maintenance and protection of trees on public property; or when

requested by the Mayor and Council, to consider, investigate, make findings,

report and recommend upon any special matter or question coming within the

scope of its work.



Section 4: TREE BOARD



A Tree 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. 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 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 consists 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;



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

board.



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. 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.?



(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 or by the Mayor and

Council of Columbus, Georgia.



Section 5: OFFICIAL TREE



The Muskogee Crape Myrtle shall be the official tree of Columbus, Georgia.



Section 6: APPLICABILITY



This Ordinance shall apply to projects meeting at least one of the following

criteria:



(a) All sites proposed for development, other than mere renovation of an

existing building, shall require the application of the Ordinance.



(b) Any change in zoning shall require the application of the Ordinance.



(c) On sites 2 acres or smaller, additions or expansions greater than 5,000

square feet shall be subject to this Ordinance. This includes additions

cumulatively totaling more than 5,000 square feet since the adoption of the

Ordinance. On sites greater than 2 acres, additions or expansions greater

than 10,000 square feet to an existing structure shall be subject to this

Ordinance. This includes additions cumulatively totaling more than 10,000

square feet since the adoption of

the Ordinance.



(d) For planned developments including the operations of clearing or

grading, the Owner shall be required to follow at a minimum the standards set

forth herein and the standards of stabilization as set forth in the Erosion

Control Ordinance. Plantings shall not be required

until a Certificate of Occupancy is requested for the developed parcels and at

that time only the plantings for each developed parcel should be required.

Plantings shall be completed prior to the issuance of a Certificate of

Occupancy or performance of a Final Building Inspection. This shall ensure

that the proper plantings are established for each use as well as provide for

the appropriate timing of plant installation.

(See Section 11, Tree Planting Standards, Subsection (b) Planting

Specifications (10) Out of Season Planting, and Section 14, Fiscal Surety, for

procedures providing for delayed plantings in the appropriate planting season.)



(e) Redevelopment of a site shall require the application of the

Ordinance. Redevelopment is defined as the demolition and rebuilding or

expansion of 50% or greater of the site?s physical development (i.e.: square

footage of buildings). Subsequent redevelopment cumulatively

totaling more than a 50% expansion since the adoption of the Ordinance shall be

subject to the Ordinance.



(f) The provisions of this Ordinance shall apply to all public entities and

owners of public property within Columbus, Georgia and it shall be unlawful for

said owners to fail to comply with all provisions of this Ordinance.



(g) Any site or development which falls under the provisions of this

Ordinance by virtue of additions or expansions as specified in (c) above or

redevelopment as specified in (e) above shall be required to meet the

applicable Tree Density Unit (TDU) requirements only and without regard to any

specified placement of trees contained in Section 8 (a), Parking Areas, and (b)

(1) Perimeter Plantings.



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 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. 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 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.



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.



(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 Large Maturing or Small

Maturing Tree Planting Lists" of this Ordinance.



Section 8: ADDITIONAL REQUIREMENTS



In addition to the provisions of Section 7, Density Requirements, above, the

following requirements also apply:



(a) PARKING AREAS



(1) Parking areas with a total of twenty (20) or less spaces. In parking

areas of twenty (20) or less spaces, landscaping may be provided in landscaping

islands and/or medians as provided below, but is not mandatory so long as every

parking space is within 60 feet or less from a perimeter or ?street? tree, or

other large maturing canopy/shade tree retained or planted on the development.



(2) Parking areas of twenty (21) or more spaces. In parking areas of twenty

one (21) or more spaces, landscaping shall be provided in landscaping islands

and/or medians. Landscaping islands shall be placed so that no line of more

than sixteen (16) adjacent (side by side) parking spaces exists. All

landscaping islands and medians shall have

raised curbs or wheel stops around them, however the use of at-grade planting

areas in parking lots to promote storm water runoff treatment and to supplement

irrigation needs is encouraged.



Interior linear landscape medians. Interior linear landscape medians may be

provided between parking bays. Landscape medians shall be a minimum eight (8)

foot width, measured from back of curb to back of

curb. Each tree planted in an interior landscape median is required to have a

minimum of 200 square feet of planting area. When the landscape median

extends to the end of a parking bay, a contiguous median end island,

perpendicular to the landscape median, is required.

Combination drainage swale/planting strips are permitted, in lieu of curbed and

sloped islands, provided that adequate drainage is provided for the chosen

species.



Interior landscape islands. Interior landscape islands may be provided

within parking lots and other paved areas. The first tree planted in an

interior landscape island is required to have a minimum of 200 square feet of

planting area, with at least eight (8) feet in one direction, measured from

back of curb to back of curb. If the landscape island contains more than one

tree, eighty (80) square feet of planting space shall be added for each

additional tree. The interior landscape islands may be contiguous with an

interior landscape median or a perimeter planting strip.



Landscape end islands. Landscape end islands shall be provided at the end of

a parking bay. Each tree planted in an end island is required to have a

minimum of 200 square feet of planting area, with a minimum length equal to the

length of the adjoining parking space, and a width of at least eight (8) feet,

measured from back of curb to back of

curb. If the landscape island contains more than one tree, eighty (80) square

feet of planting space shall be added for each additional tree. The landscape

end islands may be contiguous with an interior landscape

median or a perimeter planting strip.



Required plantings. Interior and terminal landscape islands for a single row

of parking spaces shall be planted with a least one (1) large maturing

canopy/shade tree. Interior or terminal islands for a double row of parking

spaces shall contain not less than two (2) large maturing canopy/shade trees.



Large maturing canopy/shade trees must be planted or retained within the

landscape medians and/or islands so that each parking space is 80 feet or less

from a tree in an interior planting area, median or island, or 60 feet or less

from a perimeter or ?street? tree, or other large maturing canopy/shade tree

retained or planted on the development. If

significant tree save areas or natural areas, or planned alternatives which

exceed the requirements of this Ordinance as to numbers of trees and/or spacing

distances exist within a parking area, the City Arborist may make such

exceptions to these requirements, as he or she deems appropriate in their sole

discretion.



Minimum planting area. The minimum unpaved landscape area per tree in said

landscaping islands shall be 200 square feet with a minimum dimension of 8

feet. Understory trees may be substituted for large maturing canopy/shade

trees in any landscape median or island if such tree would be within 20 feet

of an overhead utility line.



Curbs and wheel stops. Trees shall be planted a minimum of three (3) feet

from any curb or wheel stop, so as to prevent injury to trees by vehicle

bumpers. Where landscaped areas are located adjacent to vehicle overhangs,

trees shall be planted in line with the striping between parking spaces in

order to avoid injury to trees by vehicle bumpers.



Landscaping of islands and medians. All landscape islands within parking

lots shall be one hundred percent (100%) landscaped with trees (as specified

above), evergreen shrubs (not to exceed 30" in height at maturity), ground

cover (excluding those requiring mowing), mulch, and/or flowers in mulched beds

in the area within three (3) feet of the

base of the tree. The same planting requirements shall apply to medians in

parking lots. Grass may be used in landscape medians and islands so long as it

stops three (3) feet from the base of the tree. Pedestrian traffic through

landscape medians and islands should be directed away from the trees' critical

root zones and toward appropriate pathways through appropriate landscaping.



Preplanting preparation of compacted soil. All landscape islands and medians

where trees and shrubbery will be planted shall be prepared to a uniform depth

of two and one-half (2.5) feet of uncompacted soil. The

final soil in the landscape islands and medians shall be obtained on site or

imported from a suitable source. Dumping of construction debris, trash,

concrete residue, paint residue or other items toxic to trees and plants shall

not be allowed in landscape islands and medians. No gravel, stone, or other

impervious material greater than one (1) inch

in diameter shall be allowed in the landscape islands or in a landscape median

within eight (8) feet radius of a tree planted in an interior linear landscape

median, unless it is used as mulch. Site-lighting standards should be

coordinated for new planting locations or avoided in planting islands for

Ordinance-required trees.



(3) Exceptions.



Multi-level or covered parking areas are exempt from the requirements of

subparagraphs (1) and (2) above.



The provisions of sub-paragraph (1) and (2) above relating to landscape medians

and islands and maximum distances between parking spaces and trees do not apply

to areas used principally for loading and shipping docks and areas of heavy

truck traffic thereto, which shall be clearly delineated to separate them from

employee and customer parking

areas.



All other requirements of this Ordinance, including but not limited to

perimeter planting and tree density requirements for the whole development,

shall apply to such exempted areas, however.



(b) PERIMETER PLANTINGS



(1) General: In all developments and substantial improvements on parcels

excepted by the provisions of the Buffering, Screening and Landscaping

Ordinance (Code of Ordinances Section 18A-71 et seq; Ord. No. 99-25, 4/29/99;

Ord No. 00-58, 6/13/00), other than areas zoned C-1 and CRD on the Official

Zoning Atlas of Columbus, Georgia, the following provisions shall apply:



A continuous perimeter planting strip is required along the perimeter of the

property. The perimeter planting strip shall be a minimum width of 10 feet.



Perimeter planting strips may occur within required buffers or yards. The

minimum number of trees required in the perimeter planting strip shall be one

(1) large maturing tree for every fifty (50) linear feet of perimeter, or

portion thereof, or one (1) small maturing tree for every thirty (30) linear

feet of perimeter, or portion thereof. If a small

maturing tree is planted next to a large maturing tree, the maximum distance

between the two trees shall be thirty (30) feet, subject to the grouping

provision below. Existing trees to be preserved in the landscape strip may

count toward perimeter planting.



At least fifty percent (50%) of the trees in the perimeter planting strip must

consist of large maturing trees, except that no large maturing tree shall be

planted within twenty (20) feet of an overhead utility line. Trees may be

grouped or spaced to allow sight corridors. In the event of grouping of trees

as permitted herein, a portion of said grouped trees may be planted inward of

the perimeter planting strip if necessary to maintain a minimum distance

between trees

of 20 feet.



Where evenly spaced street trees exist within the public right-of-way, planted

trees should be staggered to prevent conflict with existing trees and

accommodate the full potential growth of the trees.



Each tree planted in a perimeter planting strip is required to have a minimum

of 200 square feet of planting area which may not be encroached upon by parking

spaces or driveway surfaces.



(2) The provisions of this sub-section as to perimeter plantings also apply

to the portions of those Low and Medium Density Single Family Residential Lots

and Subdivisions specified in Section 7 (b) of this Ordinance where said

subdivision or lot abuts the right of way of a public freeway, arterial or

collector street as defined by the

Ordinances of Columbus, Georgia.



(3) Storm Water Detention and Retention Facilities: In addition to the

above requirements, a visual screen shall separate and screen all storm water

detention and/or retention facilities adjacent to a public street or

right-of-way from said public street or right-of-way, and any adjoining or

contiguous property. The screen shall be a minimum of

thirty six (36) inches in height within twenty-four (24) months after planting

and may be formed through creation of a planted hedge, wall, earth berm or

combination of such. When using an earth berm, the slope shall not exceed

three to one (3:1) with a maximum crown width of two (2) feet, and shall be

planted with turf or other landscaping

materials. The visual screen may be included in the required perimeter

planting strip.



(4) Non Residential Uses in Residential Zoned Areas: All provisions of

this section apply to all non-residential uses on parcels zoned for residential

purposes. (This includes but is not limited to clubhouses, public uses

including buildings, structures and uses of land by a unit of government such

as schools, libraries, parks, playgrounds, recreation centers and fire

stations, public, private and parochial schools, churches and other places of

worship, convents, monasteries, recreational/ meeting facilities constructed in

connection with a residential development or owned and operated by a

neighborhood association, utility substations and wireless communication

facilities.



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.



(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.



Section 10: TREE PROTECTION DURING CONSTRUCTION STANDARDS



The following standards shall apply to trees proposed to be preserved for

credit toward meeting the minimum required Tree Density Units on a property.



(a) Tree and Root Protection Zone.



The root system within the dripline is the Critical Root Zone (CRZ). To

protect these critical root zones, a Tree Protection Area (TPA) shall be

established around each tree or group of trees to be retained.



(1) The Tree Protection Area shall include no less than the total area

beneath the tree canopy as defined by the dripline of the tree or group of

trees collectively, unless prior approval is received from the City Arborist.



(2) Layout of the project site utility and grading plans shall avoid

disturbance in the Tree Protection Area. Trenching shall not be allowed within

the Tree Protection Areas, unless prior approval is received from the City

Arborist.



(3) Construction site activities, including but not limited to parking,

materials storage, concrete washout, burnhole placement, shall not be allowed

within the Tree Protection Areas.



(4) Root disturbance due to cuts or fill shall not be allowed within the

Tree Protection Areas. All exposed roots one (1) inch and greater in diameter

at the edge of the Tree Protection Area shall be pruned with a clean cut flush

to the soil edge.



(5) Soil compaction shall not be allowed within Tree Protection Areas.



(6) Erosion and sedimentation control measures shall be installed in a

manner designed to prevent the accumulation of sediment within the Tree

Protection Areas.



(b) Protective Barriers. Tree protection devices shall be installed as shown

on the plans or otherwise completely surround the Tree Protection Areas.



(1) All tree protection fencing shall be installed prior to and maintained

throughout the land disturbing and construction process, and shall not be

removed until final landscaping is installed.



(2) Tree protection fencing shall consist of chain link, orange laminated

plastic, wooden post and two rail fencing, or other equivalent restraining

material.



(c) Extra TDU Credits: Any tree with a single-stem trunk diameter of 21" or

greater (at DBH) that is shown on the plan will receive double the normal Tree

Density Unit credit if appropriate tree protection standards are employed for a

ground area equivalent to 1.5 feet in radius for each 1 inch in diameter (at

DBH). These trees must be represented on the plan by a circle the size of the

Protected Root Zone.



(d) Signage: Posting "Tree Save Area" signs is recommended in addition to the

required tree protection fencing. Signs requesting subcontractor cooperation

and compliance with the tree protection standards are

recommended for site entrances.



(e) Pruning: Pruning of tree limbs to provide clearance for equipment and

materials or for any other reason shall be done in accordance with standard

arboricultural practices.



(f) Encroachment: If encroachment into a Tree Protection Area occurs which

causes irreparable damage to one or more trees, based on the assessment of the

City Arborist, the damaged tree(s) shall no longer count toward the required

Tree Density Units for the property and must be replaced.





Section 11: TREE PLANTING STANDARDS



The following standards shall apply to all trees and shrubs proposed tobe

planted for credit toward meeting the minimum required Tree Density Units on a

property.



(a) Plant Material Specifications.



(1) All plant material shall meet American Standard of Nursery Stock

standards.



(2) Trees selected for planting must be free from injury, pests, disease,

nutritional disorders or root defects, and must be of good vigor in order to

assure a reasonable expectation of survivability.



(3) Large Maturing (Canopy) Tree species shall be a minimum of eight (8)

feet in height and have a caliper of at least two (2) inches immediately after

planting. See Appendix A: Recommended Large Maturing and Small Maturing Tree

Planting Lists for suitable species choices.



(4) Small Maturing (Understory) Tree species shall be a minimum of five (5)

feet in height and have a caliper of at least one and one-half (1 1/2) inches

immediately after planting. See Appendix A: Recommended Large Maturing and

Small Maturing Tree Planting Lists for suitable species choices.



(5) No Large Maturing Tree species shall be planted within twenty (20) feet

of overhead wires.



(6) All plantings that die or are destroyed must be replaced, except in

single family residential lots, during the next suitable planting season.

Trees which are planted on single family residential lots to meet the

requirements of this Ordinance must be alive and in good vigor at the time of

the sale of the property, or the developer or builder who

planted the tree shall replace the same during the next suitable planting

season.



(b) Planting Specifications.



Plantings shall be installed to current nursery industry standards. See

Appendix B for an illustrative example.



(1) The diameter of the planting hole shall be a minimum of three (3)

times the diameter of the root ball.



(2) The planting hole sidewalls shall be scored or roughened to eliminate

the smooth, slick surface caused by the shovel or auger.



(3) If containerized material is to be planted, any circling roots shall

be cut by slicing the root ball vertically from top to bottom in two to three

well spaced lines around the root ball with a sharp knife.



(4) The root ball shall rest on undisturbed soil in the planting hole with

the top of the root ball on level with the natural ground level or slightly

raised (not to exceed a height of two (2) inches above the natural ground

level).



(5) Any tree planted with the top of the root ball below natural ground

level shall not be counted towards the required Tree Density Units for the

property.



(6) The soil used to backfill around the root ball shall be uncompacted,

native soil free of rocks, trash, or any construction debris.



(7) Stakes and guy wires should only be installed when absolutely

necessary. Supporting devices shall not interfere with vehicular or pedestrian

movement and shall be removed after twelve (12) months.



(8) Mulch in the form of pine straw, pine bark, or wood chips shall be

evenly distributed over the planting hole to a settled depth of two (2) inches.



(9) Permanent built-in or temporary irrigation systems shall be installed to

ensure the plants will survive the critical establishment period.



(10) Out-of-season planting is discouraged. Property Owners/Developers may

submit a "Request for Delay Affidavit" to allow for plant installation to occur

at a time which better coincides with the normal planting season (November 1st

to March 31st).



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:



- 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

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/orfunds.



(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.



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, sizeand 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.



To determine the appropriate contribution, first calculate the DensityFactor

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.



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.



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. 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.



Section 14: VARIANCES



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.



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) 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) 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) 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) Such special circumstances are not the result of actions of the applicant

taken subsequently to the adoption or amendment of this Ordinance.



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 standards would be

impractical and would result in nreasonable and unnecessary hardships.



The City Arborist, or Tree Board shall act as expeditiously as possible on all

requests for variance and appeals. 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 Council of Columbus may

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



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.



Section 15: NUISANCES, DISEASE, INFECTION, AND EMERGENCIES



(a) Public nuisances.



Any tree or shrub or parts thereof growing on public or private property which

interferes or endangers the use of the public streets or sidewalks or obscures

sight distances and creates a traffic hazard on intersections or endangers the

life, health, safety or property of the public, shall in the opinion of the

City Arborist, be declared a public nuisance. The owner shall be notified in

writing of the existence of the nuisance and be given a fifteen (15) day period

of time for instigating its correction or removal. If not corrected or

removed within thirty (30) days, the City Arborist shall cause the nuisance to

be corrected or removed and the cost shall be assessed to the owner. Such

amount shall constitute a lien against the property, as of the date of such

work, and if such amount is not paid within thirty (30) days after the

abatement of the nuisance, the Finance Director of his/her representative shall

issue execution against the particular real estate for which the service was

rendered, and against the owner thereof.



(b) Transmitted disease and insect infestations.



The Council of Columbus, Georgia shall have the authority to insist that all

property owners treat or else allow the City to treat trees suffering from

transmittable diseases or insect infestations which are on private property but

are affecting the health of public trees on public property. If the disease

infestation warrants drastic action to

curb its spread to healthy public trees, at the direction of the City Arborist,

the property owner shall remove and dispose of said trees or else allow the

City to do so, in which case the cost shall be assessed to the owner.



(c) Emergencies.



In case of emergencies, such as windstorms, or other disasters, or other

imminent danger to the health, safety or property of the public, including but

not limited to automotive and pedestrian traffic due to obstruction of public

side walks, streets or sight distances, the requirements of sub-sections (a)

and (b) above shall be waived so that the requirements of this chapter would in

no way hamper private or public work to restore order to Columbus. This work

to be done in accordance with emergency standards as outlined by the City

Arborist.



Section 16: ENFORCEMENT AND ADMINISTRATION



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

disapprove all Tree Protection Plans and Tree Planting Plans submittedas

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, or Building Permit shall be issued

without the approval of the City Arborist signifying compliance with the

provisions of this Ordinance.



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.



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 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. All money collected from fines

shall be deposited in the Columbus, Georgia Tree Replacement Fund.



Section 17: INJUNCTIVE RELIEF



a) Whenever the City has reasonable cause to believe that any person, firm,

corporation or other entity is violating this Ordinance, or any term, condition

or provision of an approved permit, it may, either before or after the

institution of any other action or proceeding authorized by this Ordinance,

institute a civil action in the name of the City for an injunction and order of

abatement commanding the defendant to correct the unlawful condition or cease

the unlawful use of the property.



(b) The institution of an action for injunctive relief under this Section

shall not relieve any party to such proceedings from any civil or criminal

penalty prescribed for violation of this Chapter.





Section 18: MISCELLANEOUS



(a) Trenching within the Critical Root Zone (CRZ) on City property:



Trenching within the Critical Root Zone of any tree on City property shall be

prohibited. The Critical Root Zone is considered to be the root system within

the dripline. Boring, auguring, or other alternative method may be employed

which allows for the installation of underground utilities within the Critical

Root Zone but stays three (3) feet or more

below the surface of the ground.



(b) Damage by City Trees:



When, in the opinion of the City Arborist, roots of a tree on public property

damage City curbs, gutters and sidewalks (including the portions of driveways

on public right of way), the City shall be responsible for appropriate

corrective measures which are least damaging to the tree. In the event the

portion of the driveway on public right

of way must be repaired or replaced, costs will be apportioned between the

property owner and the City according to administrative policy set by the City

Council.



(c) Required permits:



(1) No person or organization shall do any of the following acts to any public

trees as determined by the City Arborist unless previously approved in a Site

Development Permit without first obtaining the proper permit from the City

Arborist:



(A) Cut, prune, climb with spikes, break, damage, remove, kill, or cause

to be killed.



(B) Cut, disturb or interfere in any way with any root within the drip

line.



(C) Place, or spray with, any toxic chemical as listed in the

maintenance standards.



(D) Fasten any rope, wire, sign, or other device.



(E) Remove or damage any guard devices placed to protect any tree.



(F) Conduct razing, removal or renovation of any structures if deemed by

the City Arborist to be damaging to neighboring trees.



(G) Maintain a stationary fire or device which vaporizes noxious fumes

deleterious to tree health.



H) Pave with concrete, asphalt or other impervious material within four

(4) feet of a tree.



I) The topping of any City tree for any purpose, including sight

clearance for billboards, shall be prohibited and no permit issued for the same.



(2) A fee of thirty five dollars ($35.00) shall be assessed for each permit

and shall be applicable to the particular job as specified by the permit. A

request for a permit to remove trees on City property may be submitted to the

City Arborist, if accompanied by a proposed landscape plan. The landscape plan

must show the number, size, and species of plants and must replace all removed

trees at a 1:1 ratio. Proposed trees shall adhere to Section 11: TREE PLANTING

STANDARDS. The City of Columbus, Georgia and public utility companies shall be

exempted from

acquiring individual job permits to perform necessary tree maintenance on

public right-of-way or public lands.



(d) Public utility standards:



All work performed by public utilities involving maintenance of trees on public

right-of-ways shall adhere to the following standards.



(1) The work shall be limited to the actual necessities required to

maintain safe and reliable systems.



(2) Necessary maintenance shall be deemed the maintenance necessary to

prevent re-growth into the wire zone during the established cycle length.



(3) All maintenance shall adhere to ANSI 300 standards as amended.



(4) During the event of a natural disaster, such as an ice storm, tornado or

hurricane, the above shall be waived.



(5) The utility shall communicate and coordinate with the City Arborist

when clearing or pruning the rights-of-way.



(e) Registration, tree experts:



To protect the public, the Council of Columbus, Georgia, shall require anyone

who removes or maintains trees as a business on public or private lands to be

examined by the City Arborist on his ability to carry out such work before he

is granted a license to practice as a tree expert. Passage of the examination

administered by the International Society or Arboriculture (ISA) for Certified

Arborist or Certified Tree Worker may be accepted in lieu of said examination.

A twenty-five dollar ($25.00) fee shall be made payable to Columbus, Georgia to

accompany the

application for examination for each applicant. Employees of Columbus, Georgia

responsible for maintaining public trees shall be examined in the field for

their ability to properly prune, maintain, or remove trees but shall not be

required to pay the registration fee.



(f) House moving permits:



No person shall move any building or other large objects which may injure any

public tree or parts thereof along any street without first having obtained

written permission from the City Arborist, and then having obtained a permit

from the Inspections and Code Enforcement Division Chief.



(g) Land clearing, timber harvesting, speculative grading, etc.:



Land clearing for bona fide agricultural purposes within an A-1 Agricultural

zoned district, including legitimate timber harvesting, plant or tree nurseries

and orchards, is exempt from the provisions of this article. However, this

exemption shall not be interpreted to include tree harvesting incidental to the

development of land, or tree harvesting on land that is anticipated to be

developed for non horticultural uses.



However, all legitimate timber harvesting on tracts of five (5) acres and

greater shall be required to provide and maintain a fifty (50) foot wide

undisturbed natural area adjacent to all paved public road frontages during

harvesting and site preparation activities. A maximum of two (2) access

crossings will be allowed. The natural area is to be

maintained for five (5) years.



For all other land disturbing activities other than those specified above in

this sub-section, natural areas, thirty (30) feet wide, on average, shall be

maintained adjacent to all paved public road frontages. Said average shall be

calculated on the plans submitted and include for credit in said calculation

only the first 60 feet of the site closest to the right-of-way. The natural

area shall be maintained until the Tree Protection and/or Planting Plan is

approved for such site adjacent to all paved public road frontages. If

topographical, utility placement, or other similar conditions exist which

preclude the maintenance of said natural area, the City Arborist may approve a

waiver of all or part of the maintenance of said natural area, provided the

perimeter planting requirements of this Ordinance, or the requirements

of the Buffering, Screening and Landscaping Ordinance (Code of Ordinances

Section 18A-71 et seq; Ord. No. 99-25, 4/29/99; Ord. No. 00-58, 6/13/00),

whichever applies to said property, will be planted along the right of way of

all paved public road frontages, immediately or, at the latest, during the next

planting season.



(h) Cooperation with other departments:



There shall be close cooperation between the City Arborist, the Public

Services Department, the Community and Economic Development Department, the

Engineering Department, the Parks and Recreation Department and all

other City departments when their work affects the public trees. The City

Arborist shall review and comment on the proposed landscaping plans of all

recreational lands and other public properties within the City and any plan or

project of any department of this City which requires the removal of any tree.



(i) Non-Liability of City.



Nothing in this Ordinance shall be deemed to impose any liability upon the City

or upon any of its officers or employees, or to relieve the owner and occupant

of any private property from the duty to keep trees and shrubs upon his private

property or under his control in a safe condition.



Section 19: SEVERABILITY AND CONFLICT



(a) Severability.



This Ordinance, and its various parts, are hereby declared to be severable. If

any section, clause, provision or portion of this Ordinance is declared invalid

or unconstitutional by a court of competent jurisdiction, such decision shall

not affect the validity of this Ordinance as a whole. All parts not declared

invalid or unconstitutional shall remain in full force and effect.



(b) Conflict.



If any part of this Ordinance is found to be in conflict with any other

Ordinance or any other part of this Ordinance, the most restrictive or highest

standard shall prevail. If any part of this Ordinance is explicitly prohibited

by federal or state statute, it shall not be enforced.



Section 20: EFFECTIVE DATE



This Ordinance shall become effective on ______________, 2002.





TREE DENSITY UNIT STANDARDS



Table A: Planted

CALIPER SIZE TO UNIT VALUE

For trees normally sold by caliper size





Caliper Size Unit Value





1 1/2 inches 0.375



2 ? 2 1/2 inches 0.5



3 ? 3 1/2 inches 0.75



4 ? 4 1/2 inches 1.0



5 ? 5 1/2 inches 1.25



6 ? 6 1/2 inches 1.5



7 ? 7 1/2 inches 1.75



8 ? 8 1/2 inches 2.0





Caliper is typically measured on the trunk six (6) inches from the ground

line. Caliper sizes different from the above shall be rounded to the closest

inch. Minimum tree size for small maturing tree species is 1 1/2 inches

immediately after planting. Minimum tree size for large maturing tree species

is 2 inches immediately after planting.







Table B-1: Preserved Trees

SMALL MATURING SPECIES

DIAMETER SIZE TO UNIT VALUE

For existing trees to be preserved





Diameter (DBH) Unit Value





1 ? 2 inches 0.5



3 ? 4 inches 1.0



5 ? 6 inches 1.5



7 ? 8 inches 2.0



9 ? 10 inches 2.5



11 ? 12 inches 3.0





For examples of applicable species, see Recommended Tree Planting List. If it

is determined to be undesirable to separately identify small maturing species,

all tree credits shall be calculated using Table A-2. All diameter measurements

shall be rounded to the closest inch.





Table B-2: Preserved Trees

LARGE MATURING SPECIES

DIAMETER SIZE TO UNIT VALUE

For existing trees to be preserved





Diameter (DBH) Unit Value



4 ? 8 inches 0.5

9 ? 12 inches 1.0

13 ? 16 inches 1.5

17 ? 20 inches 2.0



Diameter (DBH) Unit Value Diameter (DBH) Unit Value



21 inches 2.4 31 inches 5.2

22 inches 2.6 32 inches 5.6

23 inches 2.9 33 inches 5.9

24 inches 3.1 34 inches 6.3

25 inches 3.4 35 inches 6.7

26 inches 3.7 36 inches 7.1

27 inches 4.0 37 inches 7.5

28 inches 4.3 38 inches 7.8

29 inches 4.5 39 inches 8.3

30 inches 4.9 40 inches 8.7



Specimen trees greater than 40" can be calculated using the following formula:

(diameter at DBH) X .7854 ? 144



Diameter at Breast Height (DBH) is typically measured at 4.5 feet above ground

level. Diameter is calculated by measuring the tree?s circumference, in

inches, at 4.5 feet above the ground and dividing by 3.14 (?).

All diameter measurements shall be rounded to the closest inch.