Columbus, Georgia

An Ordinance

NO. _______



An Ordinance repealing Chapter 20A entitled Tree Planting and Protection and

adopting a new Chapter 20A containing regulations for tree protection and

planting requirements.

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THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY ORDAINS:



SECTION 1.



Chapter 20A of the Columbus Code (Tree Planting and Protection) is hereby

repealed and the attached text is hereby adopted as a new Chapter 20A of the

Columbus Code to be entitled Tree Preservation and Replacement. The attached

text is hereby incorporated by reference and shall be codified as a new Chapter

20A of the Columbus Code.



SECTION 2.



All ordinances and parts of ordinances in conflict with this ordinance are

hereby repealed.



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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 Pugh voting ______

Councilor Woodson voting ______





___________________________ _________________________

Tiny B. Washington, Bobby G. Peters,

Clerk Mayor







Tree Preservation and Replacement Ordinance



Table of Contents



Section Page





Section 1: Findings, Intent and Statement of Purpose 1



Section 2: Definitions 2



Section 3: City Arborist 10



Section 4: Tree Board 11



Section 5: Official Tree 13



Section 6: Applicability 13



Section 7: Density Requirements 15



Section 8: Additional Requirements 18



Section 9: Tree Protection & Planting Plan Requirements 23



Section 10: Tree Protection During Construction Standards 24



Section 11: Tree Planting Standards 26



Section 12: Alternative Compliance 27



Section 13: Inspections 30



Section 14: Variances 31



Section 15: Nuisances, Disease, Infection and Emergencies 33



Section 16: Enforcement & Administration 35



Section

Page



Section 17: Injunctive Relief 36



Section 18: Miscellaneous 37



Section 19: Serveability & Conflict 41



Section 20: Effective Date 41



Tree Density Standards



Table A ? Planted caliper size to unit

value 42



Table B-1 ? Preserved trees ? Small maturing

species diameter size to unit

value 43



Table B-2 - Preserved trees ? Large maturing

species diameter size to unit

value 44



Appendix ?A? ? Recommended Tree Planting List

45



Appendix ?B? ? Tree Planting

Detail 47



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

drip line of a tree.



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



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.



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, as amended, 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 requirements (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:



(1) 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.



(2) 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.



(3) 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 drip line 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. The City Arborist

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

requests for variances.



(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) A Tree Board is hereby established to be composed of 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: four (4)

members appointed for a three-year term to terminate December 31, 2004; 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 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 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;



(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.



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.



(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.?



(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 chapter 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) 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.



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

by virtue of additions or expansions as defined in this subsection shall be

required to meet the applicable Tree Density Unit (TDU) requirements as

established hereafter only and without regard to any specified placement of

trees contained in Section 8 (a), Parking Areas, and (b) (1) Perimeter

Plantings.



(2) To determine the required number of TDU?s specified in this sub-section,

you may either:



(A) Calculate the total surface area of any proposed new impervious surface

and/or improvements and plant new trees sufficient to meet the required TDU?s

for that area (existing trees elsewhere on the site may not be counted with

this option;) or



(B) Calculate required TDU?s for entire site area according to zoning

classification and with this option, existing trees on the site may be counted

to achieve required TDU?s.



(c) 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 and Section (10) Out of Season Planting, for procedures

providing for delayed plantings in the appropriate planting season.)



(d) 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.



Any site or development which falls under the provisions of this Ordinance by

virtue of redevelopment as defined in this subsection 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.



(e) 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.





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, 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 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, 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.



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 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) For lots one and one/half (1 1/2) acres or less. Trees may be planted in

the parking areas but are not required to be planted there. However, a minimum

of seventy per cent (70%) of the required TDU's for said lots shall be either

retained or planted as the case may be in the front or side yards of said lots,

or adjacent to the city roadways.



(2) For lots larger than one and one-half (1 1/2) acres containing 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.



(3) For lots larger than one and one-half (1 1/2) acres containing 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.



(4) Exceptions.



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

subparagraphs (1) , (2) AND (3)above. The provisions of sub-paragraphs (2) and

(3) above relating to landscape medians and islands and maximum distances

between parking spaces and trees do not apply to areas used principally for

motor vehicle, boat or mobile home sales, storage or display lots, and 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 EQUIREMENTS



(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.



(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.



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 drip line 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 drip line 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 to be

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. 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 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.



(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, 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.



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.



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) 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 be

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.



(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



(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.



(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:



(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.



(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.



(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.



(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 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.



Section 15: NUISANCES, DISEASE, INFECTION, AND EMERGENCIES



(a) Public nuisances.



(1) The City Arborist has the authority to declare as a nuisance any tree or

shrub or parts thereof growing on public or private property, and interfering

or endangering the use of the public streets or sidewalks or obscuring sign

distances and creating a traffic hazard on intersections or endangering the

life, health, safety or property of the public. The City Arborist shall notify

in writing the owner or interested parties of such tree or shrub of the

existence of the nuisance and give a fifteen (15) day period of time for

contracting for correction or removal of the nuisance or for requesting a

hearing.



(2) If the owner or interested parties have not corrected or removed the

nuisance or contracted for correction or removal of the nuisance within such

fifteen (15) day period, the City Manager or his designated agent shall hold a

hearing not less than fifteen (15) days nor more than thirty (30) days

following the notice of the City Arborist, at a time and place certain within

Columbus, Georgia. The owner or parties in interest shall be given the right to

file an answer to the notice, to appear in person, or be represented by an

attorney, and give testimony, at the time and place fixed, as to why he or she

has not complied with the notice from the City Arborist. Rules of evidence

prevailing in courts of law or equity shall not control in hearings before the

City Manager or his designated agent. The City Manager or his designated agent

shall determine at the hearing, on the basis of the evidence presented, whether

or not the tree or shrub is a nuisance to the public of Columbus, Georgia and

the owner?s responsibility therefor.



(3) If the City Manager or his designated agent determines that the tree or

shrub is a nuisance, he or she shall issue an order, which shall be served upon

the owner or parties in interest, requiring them to remove or correct the

nuisance within fifteen (15) days. If not corrected or removed within such

period, the City Arborist shall cause the nuisance to be corrected or removed

and the cost shall be assessed to the owner or interested parties.



(4) The cost of the correction or removal shall be a lien against the real

property upon which the tree or shrub is or was situated. Said lien shall be

prepared and entered by the Finance Department and recorded in the office of

the Clerk of the Muscogee County Superior Court in the same manner which liens

for costs for removal of weeds and other vegetation are filed.



(5) The owner or parties in interest shall pay the full amount due on such lien

to the Director of Finance of Columbus, Georgia within thirty (30) days of

perfection of such lien, and if such lien is not paid in full within thirty

(30) days of the perfection of such lien, the owner or parties in interest

shall pay twenty-five (25) percent of the total lien amount plus seven (7)

percent interest within sixty (60) days of the perfection of such lien to the

Director of Finance of Columbus, Georgia, with the remaining balance due on

such lien to be paid in three equal annual installments with interest at the

rate of seven (7) percent per annum, each of which shall become due and payable

on the anniversary date of the initial payment made as hereinabove prescribed;



(6) Should the property upon which such lien is perfected be sold, transferred

or conveyed by the owner or parties in interest at any time, then the entire

balance due on such lien shall be due and payable to the Director of Finance of

Columbus, Georgia; and,



(7) Should the amount due on such lien, or any portion thereof, be unpaid after

the time for payment of the final annual installment prescribed in subsection

(a), said amount shall continue as a lien together with interest at the rate of

seven (7) percent per annum until paid in full.



(b) Transmittable Disease and Insect Infestations.



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

property owners treat or allow the City to treat trees or shrubs 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 City

Arborist determines that the disease or insect infestation warrants drastic

action to curb its spread to healthy public trees, then such infestation shall

constitute a nuisance and the procedural requirements of section (a),

subparagraphs (1) through (7) shall apply.



(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



(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 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.



(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. 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. 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 drip line. 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 in anticipation of development other

than those specified above in this sub-section, natural areas, thirty (30) feet

wide, on average, shall be maintained abutting the rights of way of all

adjoining 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 the

planting strip of such site adjacent to all the right of way of paved public

road frontages, which plan, if only for said planting strip, may be in

narrative form, and shall provide for planting as required by either 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 to be planted at the next planting season or seek a

variance.



(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 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.





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.