The purpose of this article is to:

(1)

Provide standards for the conservation or replacement of trees as part of the land development and building construction process within the city.

(2)

Provide a healthy living environment.

(3)

Protect and enhance the aesthetic qualities of the community and reduce the loss of aesthetic quality provided by the natural tree cover on tracts of land being converted to urban development.

(4)

Establish and maintain the maximum sustainable amount of tree cover on public and private lands in the city.

(5)

Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest in developed and developing areas of the city and a stable and sustainable rural forest in undeveloped areas.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

The following definition of terms shall apply to the Forest Park Tree Protection Ordinance:

Buffer: That portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate residential zoning districts as required in the City of Forest Park Zoning Ordinance.

Clearing: An activity which removes or disturbs the vegetative cover, including trees.

Crown dripline: A vertical line extending from the outer surface of a tree branch tip to the ground.

DBH or diameter-at-breast height: A standard measure of tree size and is the trunk diameter measured in inches to a height of four and one-half (4.5) feet above the ground. If a tree splits into multiple trunks below four and one-half (4.5) feet, each trunk is measured separately, and the total trunk diameters are added together. A tree which splits into multiple trunks above four and one-half (4.5) feet is measured as a single tree at four and one-half (4.5) feet.

Deciduous tree: Any tree which drops its leaves at the end of a growing season.

Dripline area: The total area underneath a tree which would encompass all crown driplines.

Evergreen: Any tree which retains its foliage throughout the year.

Land and vegetation disturbance permit: A permit to authorize the cutting, transporting, and clearing of vegetation.

Landscape area: An area set aside for the installation and maintenance of planting materials.

Landscaping: Any additions to the natural features of a plot of ground to restore construction disturbance and to make it more attractive, by adding lawns, trees, and shrubs, etc., to the natural environment.

Natural vegetation: A generally undisturbed, maintenance-free, self-perpetuating stand of vegetation comprising indigenous shrubs, flowers, wild grasses, and trees.

Natural vegetation area: The area within the boundaries of a given lot which is devoted to natural vegetation.

Protection area: All land which falls outside the buildable area of a parcel, all areas of the parcel required to remain in open space, the dripline areas beneath a tree or clusters of trees to be retained, and/or areas required to remain landscape strips or buffers according to the City of Forest Park Zoning Ordinance or conditions of zoning approval.

Shrub: A woody plant or bush of relatively low height (two (2) to six (6) feet), distinguished from a tree by having several stems rather than a single trunk.

Specimen tree or specimen stand: Any tree or grouping of trees which has been determined to be of high value because of its species, size, age, or location. General criteria for the determination of specimen trees or stands are as follows:

(1)

Any deciduous tree who's DBH equals or exceeds twenty-four (24) inches.

(2)

Any evergreen tree who's DBH equals or exceeds twenty-four (24) inches.

(3)

Any understory tree who's DBH equals or exceeds ten (10) inches.

(4)

Any tree which has a significant historical value and can be documented through historical records or otherwise, and any tree which has exceptional aesthetic value.

Tree harvesting: The cutting of more than fifteen (15) trees per year for purposes not related to immediate land development or in conjunction with an ongoing development project.

Understory tree: Any tree or woody plant which is of lesser height and spread than the surrounding evergreens or deciduous trees but which still provides shade and a degree of protection to the earth and vegetation beneath it.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

This article shall apply to any activity which involves the removal of trees in the city. Exemptions from the Forest Park Tree Protection Ordinance are:

(1)

Dead, diseased, or infested trees as determined by the Georgia Forestry Commission and/or its local representative(s).

(2)

Orchards and tree nurseries in active commercial operation.

(3)

In the case of a tree contractor removing a tree or trees in a residential area, the contractor will not be required to submit a site plan but shall obtain a permit and pay a fee.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

Unless specifically exempted from this article, all owners, developers of land, or contractors, must secure a land and vegetation disturbance permit prior to the removal, relocation, or transportation of any trees in the incorporated city limits of Forest Park.

(1)

Procedure. Four (4) copies of a tree protection plan (TPP) must be submitted to the planning and community development director, or his/her designee, for review to ascertain conformance to the City of Forest Park Tree Protection Ordinance prior to application for a land and vegetation disturbance permit and/or application for development plan and preliminary plat approval. It is advised that a qualified landscape architect, Georgia Forestry Commission (GFC) certified urban forester, or arborist prepare the TPP.

The TPP must include:

a.

The exact location of all existing trees and specimen trees more than ten (10) inches in diameter clearly indicating those which will be retained to meet the tree protection requirements, their size, dripline area and species.

b.

The location, size, and species of all replacement trees.

c.

The boundaries of all required buffer areas.

d.

The boundaries of all existing and proposed landscaped areas.

e.

The boundaries of all existing and proposed buildings.

f.

The boundaries of all vehicle and pedestrian use areas.

g.

All existing and proposed utilities (i.e., water, sewer, stormwater drainage and retention facilities, etc.), and all existing and proposed utility poles and/or light poles.

Upon submission of the TPP, the planning, building, and zoning director, or his/her designee, shall:

a.

Conduct a preliminary review of the TPP.

b.

Conduct an on-site inspection to determine if there are any trees of exceptional aesthetic or historical value.

c.

Return the TPP either approved or with changes which must be made prior to the issuance of a land and vegetation disturbance permit.

After final approval of the TPP by the planning and community development director, or his/her designee, development plan and plats can be forwarded for review, of the land and vegetation disturbance permit can be issued.

(2)

Compliance. It is the responsibility of the planning and community development director, or his/her designee, to review the TPP to ascertain compliance with the provisions of the tree protection ordinance before a land and vegetation disturbance permit will be issued. It is also the responsibility of the planning and community development director, or his/her designee, to conduct a final inspection for compliance with the tree protection ordinance before a certificate of occupancy or acceptance of streets will be granted.

(3)

Appeal procedure. Any applicant for a land and vegetation disturbance permit who is aggrieved by any decision of the planning and community development director, or his/her designee, relating to the application of this article shall have the right to appeal to the city manager. Such appeal shall be requested in writing no less than ten (10) days after the decision has been made. The appeal shall be heard by the city manager within thirty (30) days after the receipt of the appeals request. The city manager shall have the right to overturn, modify, or affirm the decision made by the planning and community development director, or his/her designee.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

Property subject to the Forest Park Tree Protection Ordinance shall retain a minimum of twenty (20) percent existing tree caliper inches on site. Trees that fulfill this preservation requirement shall be exclusive of the required buffer areas. The twenty (20) percent density requirement shall be met by the following:

(1)

Twenty (20) percent of all existing trees at ten (10) inches DBH and larger shall be preserved.

(2)

Existing trees to be preserved not included in subsection (1) above shall be calculated as one (1) caliper inch for every five (5) caliper inches preserved.

(3)

If the twenty (20) percent tree density cannot be met through subsections (1) and (2) above, then refer to section 8-8-137, Guidelines for tree replacement.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

Listed below are guidelines for tree protection to be followed during the grading and construction process, and for the continued maintenance of trees:

(1)

All individual standalone trees to be retained on a site must be marked with orange engineering tape, tied around the trunk of the tree at a height of five (5) feet above the ground.

(2)

The tree protection area (dripline area) of standalone trees and stands of trees will be marked with standard construction fencing (orange) or four (4) foot silt fence with stakes placed every ten (10) feet.

(3)

If initial development is limited to streets, drainage easements and utilities, a TPP indicating only trees equal to or in excess of ten (10) inches DBH which are to be removed must be submitted. During street and utility construction, the grading permit shall be limited to the area needed for street right-of-way.

(4)

If it is determined that irreparable damage has been done to a tree in a tree protection area, the developer, the builder, and/or owner shall be responsible for the replacement of that tree as provided for in this article under guidelines for tree replacement.

(5)

All areas not devoted to structures, access ways, dumpsters, storage, roads, parking lots, and natural vegetation shall be landscaped.

(6)

The planning and community development department may require landscaping in conjunction with the issuance of a building permit not requiring plat or site approval.

(7)

All trees planted in accordance with this article shall be of a species approved by the city.

(8)

The planting of trees to meet the requirements of this article shall be on the front or side of the developed areas and plantings behind a building shall not be counted in determining the minimum requirements of this section unless specifically authorized by the city.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

(a)

If the tree preservation requirements of this article make reasonable use of a property impossible or if a tree in a tree protection area is irreparably damaged, the following replacement requirements shall be followed after the construction process is complete.

(1)

The trees shall be replaced diameter inch for diameter inch with a minimum of three-inch DBH trees of the same species. If the species of the existing tree is unsuitable for replacement, as identified in section 8-8-137(b), or is unavailable, an inch for inch replacement of minimum three-inch DBH trees of a suitable species, as identified in section 8-8-137(b), shall be planted.

(2)

All trees selected for replacement must be quality specimens free of disease, injury, or infestation, and must be ecologically compatible with the specifically intended growing area as identified in section 8-8-137(b).

(3)

All replacement trees must be planted before a certificate of occupancy is issued or streets and easements will be accepted.

(4)

Replacement trees planted shall fall under the maintenance provisions of the City of Forest Park Urban Design Review Board, as identified in section 8-8-161, design approval procedures.

(5)

Specimen trees shall be replaced with specimen trees and understory trees shall be replaced with understory trees as identified in section 8-8-137(b).

(6)

Where the minimum twenty (20) percent tree density cannot be met due to natural site constraints, the developer or builder shall provide the remaining balance of the required trees for planting on public property.

(b)

Alternative compliance.

(1)

Overview. In those instances where the available land within a project site cannot bear the total number of canopy and/or understory trees required by this ordinance, the city hereby establishes an alternative compliance program. Alternative compliance shall be limited to either an off-site planting program or a contribution to the city's tree bank fund as described herein and in section [8-8-137(b)(4)].

(2)

Consideration of alternative compliance shall adhere to the following guidelines:

a.

All canopy and understory trees that can reasonably be planted on a project site shall be provided. The remaining trees shall be considered for alternative compliance.

b.

In no instance shall more than fifty (50) percent of the canopy and understory trees required by this ordinance be met through alternative compliance.

c.

Requests for alternative compliance shall be considered as a part of the established landscape plan review process.

(3)

Off-site planting program. Off-site planting provides an opportunity to utilize canopy and understory trees to re-vegetate city-owned property, open space, recreation facilities and road rights-of-way. Off-site plantings shall be permitted on city-owned property only. Locations for off-site plantings and species of trees shall be identified by the planning and development director or his/her designee prior to preparation of the off-site planting plan.

Off-site planting shall be considered in accordance with the following guidelines:

a.

An off-site planting plan shall be provided as a part of the landscape plan submittal package, and shall include, at a minimum, the location, species and size of all trees proposed to meet the established tree replacement requirements.

b.

The landscape plan and the off-site planting plan shall be reviewed and approved by the planning and development director or his/her designee and the planning commission as a part of the landscape plan approval process.

c.

Off-site plantings shall be installed in accordance with current American National Standards Institute (ANSI) guidelines and procedures.

d.

The applicant shall guarantee all off-site plantings in accordance with the maintenance criteria and plant guarantee requirements identified herein.

e.

All off-site plantings shall be installed and approved by the planning and development director or his/her designee prior to the issuance of a certificate of occupancy as described herein.

f.

The following note shall be provided on the approved off-site planting plan:

The plant material identified on this plan was approved by the planning and development director or his/her designee and the planning commission in accordance with the city's off-site planting program. Along with the approved landscape plan, it is understood this off-site planting fulfills the tree replacement requirements for the development located at as established by the city's landscape ordinance. This off-site planting plan shall be attached to the approved landscape plan and shall be maintained by the planning and development director or his/her designee.

(4)

Tree bank fund. Contributions to the city's tree replacement fund shall be considered in accordance with the following guidelines:

The intent of this chapter is to ensure 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. In this case, the community development director may approve a contribution to the city's tree replacement fund.

The following standards have been established for administering these contributions:

a.

The director of planning and community development must review and approve all requests for alternative compliance.

b.

In no instance shall more than fifty (50) percent of the required site density be met through alternative compliance.

c.

As many trees as can reasonably be expected to survive must be planted on the site in question. This may require planting fewer trees of a larger caliper than the minimum required caliper.

d.

A permit shall not be issued until the required contribution has been made to the tree replacement fund or until other agreed upon terms with the City of Forest Park have been satisfied.

e.

Tree replacement cost estimates obtained from three (3) landscape contractors must be provided to the City of Forest Park for approval. The tree replacement cost will be based on an average of the three (3) estimates plus ten (10) percent. The required replacement fee shall be one hundred (100) percent of the total cost to plant the balance of trees that were unable to be planted to satisfy the site density requirement or recompense tree requirements.

f.

The tree bank fund shall be used for purchasing, planting and maintaining trees on public property. Funds may be used to purchase forested greenspace or conducting courses on tree management and similar topics. Funds may also be used for the creation of landscape plans involving the planting of trees and landscape material on public property.

(c)

Trees suitable for replacement trees and unsuitable as replacement trees:

(1)

Trees suitable as replacement trees for specimen trees:

(2)

Trees suitable for the replacement of understory trees:

(3)

Trees unsuitable for replacement:

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

Tree harvesting is not allowed in a residentially zoned area or within one hundred (100) yards of residentially zoned property.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

All permits and licenses shall be obtained through the planning and community development department and shall be in accordance with the business license ordinance prior to commencement of any type of operation. A permit fee as established by resolution of the governing body from time to time and kept on file in the office of the director of finance shall be paid annually by any tree contractor removing a tree or trees.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022; Ord. No. 22-12, § 5, 7-18-2022)

The city council may authorize in specific cases such variances from the terms of this article as will not be contrary to the public interest when, due to special conditions:

(1)

Granting a variance is determined to be a greater public benefit than the literal enforcement of the ordinance; and

(2)

The tree replacement requirements of the ordinance could be met on site but, due to the location of the replacement trees they would not be in keeping with the intent and goals of the tree protection and/or landscaping standards section 8-8-89 of the city.

The affected property owner must make application for the variance request to the planning and community development director no less than fourteen (14) days prior to the next scheduled city council meeting. The variance request shall not be placed on the council agenda if the city manager determines that the request does not meet the variance criteria listed above.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

Citation(s) for violation(s) of this article will be issued by the city. The citation shall be returnable to and tried before the environmental court of the city. Any person, firm, or corporation found guilty of violating this article shall upon conviction be fined up to one thousand dollars ($1,000.00) as described in section 1-1-8, General penalty. Each day such violation remains unresolved to the satisfaction of the city shall be deemed a separate offense. In addition to any imposed fines, the responsible person may be required to replace a removed tree with a number of smaller trees of the same species, provided the combined caliper measurements of the smaller trees are at least equal to the measurement of the tree which was removed.

(Ord. No. 22-14, § 2(Exh. B), 9-6-2022)

(a)

Tree bank fund. There is hereby established a tree bank fund (the "fund") for the city, which shall be used to acquire, plant, and maintain trees on public properties or in areas designated by the city, including parks, green spaces, and rights-of-way.

(1)

Mission of the fund. The fund aims to balance development with environmental sustainability, ensuring that trees are planted where possible while allowing flexibility through tree banking contributions where necessary.

(2)

Tree bank fund contributions. The fund shall receive contributions from:

a.

Fees paid by developers in lieu of planting or replacing trees on development sites as part of land use or building permit requirements;

b.

Grants, donations, or other contributions from individuals, businesses, or organizations for tree-related activities; and

c.

City budget allocations, if applicable, for tree planting and environmental sustainability projects.

(3)

Administration of the tree bank fund. The fund shall be administered by the city's department of public works or another designated city agency. The designated agency shall have the authority to use the fund for the purposes set forth in this section, including paying for tree planting, maintenance, and associated costs, as well as other tree-related projects.

(b)

Tree banking procedure and process. In the initial phase of development, city planning and community development staff will review the project for tree banking during key stages of the development process, particularly during the predevelopment application meeting in which staff will review site plans or development permit application prior to submission to decide if applicant will be required to plant trees per landscaping standards in section 8-8-89 of this Code or donate to tree fund. Applicants shall be notified during the review process about the specific requirements for tree planting or the donation to the fund. All decisions shall be based on compliance with local tree protection laws, site feasibility, and project design. Staff shall monitor compliance during the construction phase to ensure that trees are planted as required, or fund donations are made as agreed upon.

(1)

The city review will focus on the following:

a.

A review of existing trees on the site will occur to identify trees for preservation, removal, and new planting.

b.

An assessment if the project complies with the landscaping standards in section 8-8-89 of this Code.

c.

An evaluation of the feasibility of planting trees on-site given project constraints (i.e., space limitations, soil conditions, environment, etc.). If adequate space for tree planting cannot be provided, staff may consider alternative options such as donating to the tree fund or contributing to other environmental sustainability efforts.

d.

In some cases, a combination of on-site tree planting and tree fund contributions may be required. This hybrid approach is typically used when there is limited space on-site, but planting some trees is still possible.

(2)

Circumstances for city review will be based on the following:

a.

Residential development. For both new homes and multi-family developments, tree planting or contributions to the tree fund will be required based on the number of units and the size of the property.

b.

Commercial and mixed-use development. Projects such as office buildings, retail developments, or mixed-use spaces will also undergo review to determine if adequate space is available for tree planting or if a tree fund donation is necessary.

c.

Redevelopment projects. Projects involving the renovation or expansion of existing buildings may have different criteria depending on the extent of land alteration and available space for new trees.

d.

Public projects. Government-led initiatives will follow the same criteria but may also be evaluated for opportunities to enhance public green spaces with tree planting or donations.

(c)

Fees in lieu of tree planting. When a development project or land-disturbing activity results in the removal of trees, and the developer is unable to replace the removed trees on-site due to space limitations or other reasons, the developer may pay a fee into the fund. Fees paid into the fund shall be used exclusively for the planting, establishment, maintenance, and care of trees within the city's public spaces, rights-of-way, or other designated areas as determined by the city council.

(1)

Fee calculation. The amount of the fee shall be determined according to the following criteria:

a.

The number, size, and type of trees removed;

b.

The cost of planting and maintaining a comparable number of trees in public spaces or other locations is determined by the city; and

c.

Landscaping standards within section 8-8-89 of this Code and overall environmental impact determined by the city and other applicable regulations. Fees may be adjusted annually to reflect inflation or changes in the costs of planting and maintaining trees.

(d)

Tree planting and maintenance.

(1)

Selection of planting sites. The city shall identify and prioritize areas for tree planting, with a focus on:

a.

Public parks and recreational areas;

b.

Streets, rights-of-way, and medians;

c.

Areas impacted by development or tree loss; and

d.

Private property along the right-of-way.

Any developer who plans to plant street trees, will follow standards as outlined within the sidewalk and street tree standards in subsection 8-8-88(d) of this Code.

(2)

Species selection. The city shall select tree species for planting based on the local climate, soil conditions, and aesthetic considerations, and prioritize native species or those that provide significant ecological or environmental benefits.

(3)

Maintenance. Trees planted through the fund shall be maintained by the city or its designated contractors. Maintenance shall include watering, pruning, pest management, and other necessary activities to ensure the long-term health and survival of the trees.

(4)

Monitoring and reporting. The city shall maintain records of tree planting activities funded through the tree bank and report annually on the status of the fund, including the number of trees planted, locations, and any challenges encountered in the planting and maintenance process.

(e)

Enforcement and penalties.

(1)

Compliance. Developers, contractors, and property owners must comply with the tree preservation and replacement requirements set forth in this article. Failure to do so may result in the assessment of additional fees or penalties.

(2)

Penalty for non-payment of fees. Failure to pay the required tree bank fee in lieu of planting may be subject to penalties as determined by section 1-1-8 of this Code.

(Ord. No. 25-02, § 1 (Exh. A), 1-6-2025)