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BCN Resolution:
Tree Ordinance Not Enforced
Section 158-35(c): Metal Tree Fencing
“Saved” trees are being destroyed due to lack of proper tree fencing.
According to Section 158-35(c), fences must be installed around root save areas before any land disturbance, demolition, or construction starts. While mesh fencing is allowed to protect trees in the rear of single family residences, chain link or substantial wood fencing is required to protect trees on non-single family residential properties and the front yards of single-family homes. These sturdy fences are also required for trees with a critical root zone impacted by over 20%, trees saved through an appeal, and whenever the City Arborist finds a significant risk to a saved tree's critical root zone.
Unfortunately, we have discovered that the Arborist Division isn't consistently ensuring these fences are installed properly. It can take many weeks for them to enforce proper tree fencing after a citizen complaint, at which time the "saved" trees may already be destroyed.
Sec. 158-35(c)Tree protection. Fences surrounding root save areas must be erected before the commencement of any land disturbance, demolition or construction. Fences must comply with City of Atlanta arboricultural standards and must be constructed of chain link, wood, or substantial mesh material, with a minimum height of four feet. Chain link or substantial wood fencing must be used in the following circumstances:
(1) All commercial, multi-family residential, and mixed-use development projects;
(2) Protection of trees in the front yards of single-family residential properties;
(3) Protection of trees that have been approved for CRZ impacts greater than 20 percent;
(4) Protection of trees for which an appeal of the tree's destruction was appealed to, and upheld by, the tree conservation commission; or
(5) Any other situation where the city arborist finds a significant ant risk of damage to a saved tree's critical root zone. The city arborist may require these measures at any time, including after commencement of site disturbance.
No activity, including construction material storage, shall occur in areas protected by tree fences. Tree protection fences must remain in place and upright until such time as final landscaping of a site requires their removal. The arborist may assess recompense against the violator if, in the arborist's opinion, the incursion has converted trees from the status of saved trees to the status of injured, lost, or destroyed trees, as set forth in this section above.
Section 158-106: Preconstruction Conference
No precontruction conference means protected trees are not being saved.
Section 158-106 mandates an on-site conference between the developer and the arborist for a final tree fence inspection before demolition, grading, or construction begins. With no preconstruction conferences, developers have been allowed to grade lots, cut down trees, and refuse to put up tree fences, often before the preliminary approval of tree removal (yellow sign posting) is completed.
Sec. 158-106. Preconstruction conference. Upon approval of any permit for grading, demolition or construction, no work shall commence, no grading shall be undertaken and no trees shall be removed prior to a preconstruction conference on the site between the city arborist and the applicant or their designees. The city arborist shall inspect the site to assure the accuracy of permit application data and shall inspect tree protection fences and other protective devices which have been installed to protect trees. After the inspection is complete, the city arborist shall notify the director, and thereupon demolition, grading and construction may proceed. It is further provided that for any permit for an addition to a one-family or two-family residence, the city arborist may rely on data submitted in the application and certified by the applicant for the building permit in lieu of a preconstruction conference on the site. (Code 1977, § 10-2037(h); Ord. No. 2001-102, § 2, 12-11-01; Ord. No. 2003-03, §§ 1, 2, 1-13- 03)
Preconstruction Conference Status Update:
February 2, 2019: Elizabeth Johnson, Project Manager with the Department of Planning told the Reporter Newspapers that "We are implementing this [preconstruction conference] practice based on available resources and staffing. Currently, pre-demolition inspections are required on every site. In addition, we have posted a job advertisement for a staff arborist to increase staff resources.”
November 8, 2018: Kathy Evans, Senior Administrative Analyst for the Atlanta Tree Conservation Commission wrote an email to David Zaparanick which said, "We are in the process of establishing the standards for this [preconstruction conference] practice and will submitted [sic] to the Tree Conservation Commission for review."
October 28, 2018: David Zaparanick, Arboricultural Manager for the City of Atlanta wrote an email to Stephanie Coffin, TTND member, which said, "At this time, demolition permits only are required to have a pre-demolition inspection, because of a lack of field arborists to cover all permits reviewed in the Arborist Division." David provided in the email the current standard of practice with regard to pre-demolition inspections and said that he would submit the procedure and process to the TCC at the next business meeting, November 14, 2018.
Our Response:
The problem with having only a pre-demolition inspection is that not every construction project is proceeded by a demolition, and even when there is demolition, site plans and property ownership can change before construction begins. The trees impacted by demolition are often very different from the trees impacted by construction. Unless the demolition and construction site plans are exactly the same, a separate preconstruction conference in addition to the pre-demolition conference is necessary.
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