Read it – Draft tree ordinance released
The City of Decatur has published its proposed revision of the controversial tree ordinance that City Commissioners tabled in January.
To read the ordinance, click this link: O-14-AA-Tree-Conservation-Ordinance-040714
To see the summary outlining some of the changes, click this link: Requested-Changes-to-Tree-Ordinance-Table
To see the Power Point presentation from the April 7 meeting, click this link: Trees-Work-Session-Presentation-April-2014
We’ll read through it now and update this post with some of our observations. Feel free to leave yours in the comments section.
UPDATE: Initial takes on the draft of the ordinance:
– The new ordinance condenses some of the language about measuring tree canopy cover. The ordinance says that tree canopy cover will be measured every five years, and in 2016 the city will measure the canopy for 2015. It removes the language that says the city’s goal is to have 55 percent tree canopy by 2039. The last time the city measured canopy cover was in 2010. The canopy was 45.1 percent at that time.
– This draft clarifies some of the language regarding tree maintenance. It defines the establishment period as, “The first three growing seasons after a tree is planted. The establishment period typically applies to trees planted as part of a tree conservation plan.” The added text is in bold.
Further down in the ordinance, it elaborates a bit on tree maintenance. (This was a point of contention during the debate in January.)
It says, “Sec. 86-91. Tree Maintenance Requirements During the Establishment Period for Trees Identified in an Approved Tree Conservation Plan. All protected trees shall be maintained in accordance with current ANSI A300 Standards for Tree Care Operations, ANSI Z133 Safety Standards, industry best management practices, and the administrative standards that accompany the tree ordinance. Planted trees shall be maintained throughout the establishment period. Maintenance shall include, at a minimum, watering, mulching, training pruning, and if necessary, pest management.”
– The ordinance provides a definition of a tree information permit as, “An informational permit that is filed with the city when an individual tree is removed from residential property. The informational permit will track the reason for removal and the amount of tree canopy removed.” City Manager Peggy Merriss said that the city would like residents to file a tree information permit even if a tree is knocked down by a storm. She said trees that are knocked over due to weather events won’t count against residents who want to remove up to three trees within 18 months without penalty. She said if a tree is sick, the property owner would need to get an opinion from an arborist if the owner doesn’t want that tree to count against the three tree limit.
Here are the permit requirements for commercial activity, with the changes highlighted in yellow and bold:
Here are the requirements for residential activity:
– Under the ordinance, a protected tree is defined as anything that is 6 inches in diameter at breast height or greater. The revision says, “No protected tree shall be intentionally removed, destroyed, or disturbed without the written consent of the city arborist in the form of an approved tree conservation plan, tree disturbance permit, tree removal permit or tree information permit as shown in Table 1.” The added text is in bold.
– Here is the entire section on the tree information permit that was added to the revised ordinance.
– The draft adds this the following text to the ordinance: “On residential properties any projects requiring a land disturbance or land development permit will require no net loss of tree canopy.” As a reminder, that canopy goal would be set 45 percent under the revised ordinance being considered.
– This document isn’t part of the Decatur ordinance, but it provides a good summary of how forestry measurements work. It’s worth reading if you’re having trouble understanding how the diameter of the tree is calculated.
Here are slides from the Power Point offering summaries of the commercial and residential applications of the ordinance: