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AN ORDINANCE
BY PLANNING AND DEVELOPMENT COMMITTEE
BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN of the City of
Atlanta as follows:
SECTION 1. Purpose and Intent.
The purpose of this ordinance is to establish protective
resumactans for trees in the City of Atlanta in order to better control
problems of flooding, soil conservation, air pollution, and noise ia the
City of Atlanta and to make the City of Atlanta a more attractive, healthier
and safer place in which to live.
The intent of the ordinance is to encourage the protection
of trees for which Atlanta is nationally recognized and which the City
stands to loose unless protective measures are taken. The intent is not
punitive; or to cause hardship to any individual, governmental agency,
private or public company who use every care and diligence to protect trees
_ within the City of Atlanta; nor is it meant to inflate the cost of develop-
ment over a reasonable value of the trees involved.
SECTION 2. Definitions.
Tree: Any woody plant except Dogwood that has a single trunk
with a caliper of five inches or more at six inches above the ground. A
Dogwood with a caliper of two inches or more six inches above the ground is
defined as a tree.
Street: Any officially recognized public right-of-way in the
City of Atlanta.
Buildable Area: That part of any lot exclusive of the front,
side and rear yards as established by the Zoning Ordinance.
‘Park; Any publicly owned land set aside for park and
recreation purposes.
Public Places: All lands located in the City of Atlanta
which are owned by the City of Atlanta or any public corporation or authority
created by Georgia law benefiting residents of the City of Atlanta.
Tree Protective Zone: That portion of any lot covered by
the front, side and rear yard requirements as established by the City of
Atlanta Zoning Ordinance.
General Manager: The General Manager of the Department of
Parks and Recreation or his authorized representative.
Annual Tree Permit: That dviteen consent given by the City
Arborist to a person, public or private firm or agency to prune, treat or
remove any tree in the City of Atlanta.
SECTION 3. City Arborist.
The position of City Arborist shall be created within the
Department of Parks and Recreation.
The City Arborist, as the agent of the Department of Parks
and Recreation, shall direct, regulate, and control the care of and necessary
removal of all trees growing now or hereafter in the City of Atlanta.
SECTION 4. Official Tree of Atlanta.
The Dogwood (Cornus florida) shall be the official tree of
tlanta.
SECTION 5. Tree Planting and Maintenance Regulations.
The General Manager shall prepare Tree Planting and Maintenance
Regulations subject to the approval of the Mayor and Board of Aldermen after
a public hearing with reasonable notice of the hearing to those affected,
to implement this ordinance.
SECTION 6G. Tree Protection Prior to Development.
To prevent the unnecessary destruction of trees on land where
a building permit or subdivision approval has not been issued, the destruction,
within any five-year period, of more than 25 per cent of the trees on any
one parcel of real property within the City, without prior approval of the
City Arborist, shall be prohibited.
SECTION 7. Tree Protective Zone.
The Tree Protective Zone shall correspond with that portion
of the lot covered by the front, side and rear yard requirements as established
by the Zoning Ordinance.
To prevent the unnecessary destruction of trees during develop-
ment or redevelopment of any tract or lot within the City of Atlanta, trees
shall not be cut, otherwise damaged or destroyed within the Tree Protective
Zone except in accordance with the Tree Planting and Maintenance Regulations
and the provisions of this ordinance.
SECTION &. Submission of Site Plans for Development to City
Arborist.
A site plan for the development ‘or improvement of any tract
of land located in the City of Atlanta shall be submitted to the City along
with the application for a building permit. No building permit shall be
issued until the site plan has been reviewed and approved, in writing,
by the City Arborist and a permit as provided in Section 10 has been issued.
Such plans shall be reviewed and either approved or denied and a permit as
provided in Section 10 issued or denied within fourteen (14) days of sub-
mittal. Otherwise such plans shall be considered approved and such permit
considered issued by the City Arborist. In the event such plans are denied
the reasons therefore shall be reported, in writing, to the applicant. The
site plan shall show, in addition to the usual requirements the following
information.
A. All existing trees within the Tree peokeKtive Zone which
are at least 5 inch caliper at 6 inches above the ground and all Dogwood
trees which are at least 2 inch caliper at 6 inches above the ground.
‘B. Trees to be removed and trees to be maintained.
C. Specifications for the removal of existing trees and
protection of existing trees during construction.
D. Grade changes or other work adjacent to a tree which
would affect it adversely with specifications on how the grade, drainage
and aeration will be maintained around the tree..
The function of the City Arborist in the review of site plans
will be to assure that trees are retained in lawn or paved areas within the
Tree Protective Zone without making demands on the owner which would deny
him the reasonable use of his land.
SECTION 9. Tree Protection During Development.
During any building, renovating or razing operations, the
builder shall erect suitable protective barriers around all trees specified
to be maintained and shall not allow storage of equipment, materiais, debris
or fill to be placed in this area except as may be necessary for a reasonable
time if no other storage space is available.
SECTION 10. Pexmits.
A. Wone of the following acts to any tree within the Tree
Protective Zone or on public property shall be committed without the proper
permit of the City Arborist, except as provided in Section ll.
Pa
1, Cutting, pruning, damaging, removing or killing a tree
by any means.
2. Paving with conerete, asphalt or other impervious
material within 5 feet of the outside diameter of
tree.
B. A written application for a permit is required for any
work on or affecting trees as listed in Section A above.
1. Such application for a permit must be made to the
City Arborist in advance of the time the work is to
be done. i
2. The City Arborist shall specify the work to be done,
according to the Tree Planting and Maintenance Regula-
tions, and may inspect the work in progress and make a
final inspection upon the completion of the work if
necessary.
SECTION 11. Permits - Exemptions.
A. Public utility companies, governmental agencies and private
companies ens loying tree experts shall be exempted from the provisions of this
ordinance, provided, however, that such companies or agencies shall obtair
from the City Arborist an Annual Permit.
Such permit shall certify the familiarity of such companies
-or agencies and their agreement to comply with the Tree Planting and Main-
tenance Regulations following their issuance and approval.
B. The owners of property of their authorized representatives
in areas zoned R-1l through R-7 will not be subject to obtaining permits for
work to be performed on trees located on such property under the provisions
of Section & and 10, except where more than two adjacent lots are being
developed at one. time.
SECTION 12. Building Moving Permits.
‘The City Arborist, along with any other affected city depart-
ment, shall review and approve all applications for building moving permits
before the City will grant said permit.
SECTION 13. ‘Transmictable Diseases.
The City shall have the authority to reauire that property
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owners treat, or require property owners to have treated any trees or s
portions of trees containing tree killing insects or vectors of tree diseases.
If the City Arborist determines the diseasé warrants immediate action to
curb its spread to healthy trees, the City may cut or destroy said trees or
seoned portions thereof using the mininum action required to prevent the
adi
spread of aiseane:
SECTION 14. Trees Interfering with Use of Streets.
The City Arborist shall have the authority at any time to
remove any tree or parts thereof, growing on public or private property
which interferes with or endangers the use of a street or other public place
in the City of Atlanta. The owner, where practicable, shall be notified in
writing by certified mail of the existence of the condition interfering with
or endangering the use of a street or other public place in the City and
given a reasonable time for its correction or removal. If not corrected or
removed within the time allotted, the City Arborist shall cause the condition
to be corrected or removed.
ECTION 15. Emergencies.
In case sf kpuneeabten such as windstorms, ice storms or other
disasters, the requirement of Section 10 may be waived by the General
Nanager during the emergency period so that the requirements of this ordinance
would in no way hamper private or public work to restore order in the City.
SECTION 16. Enforcing Authority.
The Department of Parks and Recreation shall be charged
with the enforcement of this ordinance.
SECTION 17. Violation and Penalty.
Any person violating or failing to comply with any of the
provisions of this ordinance, upon conviction thereof, shall be fined a sum
not exceeding $500.00, or may be imprisoned for a term not exceeding 60
days, or both for each offence.
SECTION 18. Appeals.
In the event any person is dissatisfied with a decision of the
City Arborist adversely affecting such person involving the application of
this ordinance, sugb person may make a written request to the Chairman of
the Parks Committee of the Board of Aldermen, which Committee, together with
the Building Official, shall hear any complaints of such person. After a
full and complete hearing of the complaints of such person, the appeal board
consisting of the above-named parties shall render its written opinion
affirming, overruling or modifying the decision of the City Arborist as may
be fit and proper under the existing circumstances.
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SECTION 19. Fines.
Money collected from fines shall be deposited in the City's
General Fund. |
SECTION 20. Qther Ordinances Repealed.
Any and all ordinances and parts of ordinances in conflict
herewith are hereby repealed.
SECTION.21. Legality of Ordinances or Parts Thereof.
Should any section, clause or provision of this ordinance be
declared by the courts to be invalid, the same shall not affect the validity
of any other provision of this ordinance.
SECTION 22.
This ordinance shall become effective upon adoption by the
Board of Aldermen and approval of the Mayor.