AGENDA #3a5

PETITION

 

TO:

Mayor and Town Council

 

 

FROM:

Ruby Sinreich, Planning Board Chair

 

 

SUBJECT:

Recommendation for Change to the Tree Protection Ordinance

 

 

DATE:

January 8, 2007

INTRODUCTION

 

This petition provides a recommendation from the Planning Board regarding change to the Town’s tree protection regulations. 

 

The Planning Board proposal involves a substantial change to the basic framework of the current tree protection ordinance.  The Planning Board recommended establishment of a new vision statement which would call for no net loss of trees/canopy cover and an increase in trees proportional to population growth. 

 

Because the changes recommended are substantial and will likely require hiring a consultant with expertise in specialized tree ordinances, the Board recommended interim adjustment to the existing regulations.  This two phased approach would involve a first step intended to provide some immediate strengthening of today’s tree protection regulations while the more substantive changes are being developed.  Because development activity will continue to occur while the new approach to tree regulation is being crafted, the Planning Board believes the community would benefit from these intermediate adjustments.  This intermediate phase of increased tree protection would focus on two areas of the regulations: 

 

  1. Regarding single-family and two-family development, the decoupling of tree protection and building permits such that land disturbance/tree cutting not associated with a building permit is regulated on single-family and two-family lots.
  2.  Regarding all development, lowering the tree size threshold (diameter) for required identification on tree surveys.

 

The establishment of a new Tree Ordinance, the primary objective of the phased approach, would focus on a vision, principles and potential strategies, as provided below, which would guide the establishment of new regulations requiring the preservation of trees.

 

Vision: No net loss of trees, with a general increase proportional to population growth (no reduction in canopy).

 

Justification: This ordinance is part of a Town-wide commitment to sustainability, with potential to reduce carbon emissions and decrease the urban “heat-island” effect for the following reasons:

 

  1. Trees produce oxygen, which is essential to the well being of all animal life, including humans.
  2. Trees help to reduce the amounts of airborne pollutants. For example, trees remove carbon dioxide, that is a major environmental concern due to its current high levels.
  3. Trees and their foliage intercept dust and particulate matter, thereby helping to purify our air and limiting health risks.
  4. Trees and their root systems reduce soil erosion and storm water runoff. This decreases sedimentation problems and improves water quality.
  5. Trees provide food and shelter for desirable urban wildlife.
  6. Trees provide screening, which in turn aids in the reduction of noise and glare.
  7. Trees help moderate our air temperature to provide us with a comfortable environment.
  8. Trees provide scenic amenities to soften the harshness of city buildings and streets. They are aesthetically pleasing to all that view them.
  9. Trees can enhance the natural functions of streams and related buffers.

 

The vision statement and justification noted above, and endorsed by the Board, is from the DeKalb County, Georgia Ordinance.

 

Existing Chapel Hill Findings:

The Town Council finds that:

  1. Chapel Hill contains a diversity and abundance of trees, shrubs, and soils. Such elements are of economic value to the Town and make it a desirable place for both residents and visitors;
  2. the appearance of Chapel Hill from the public ways contributes to the economic prosperity of the Town;
  3. trees and other landscape elements help to naturally control flooding and erosion, moderate noise pollution, dust, and other airborne pollutants, moderate the Town climate and shelter and feed its wildlife;
  4. the growth and development attracted to the Town of Chapel Hill often necessitate the removal of trees, shrubs, and soils, thereby contributing to their depletion; and
  5. it is necessary to protect and manage these valuable assets and their habitat in order to protect the health, safety, and welfare of citizens in Chapel Hill and its extraterritorial jurisdiction.

 

Existing Chapel Hill Purpose:

The Town Council declares the intent of this Section is to:

  1. regulate the protection, installation, removal, and long-term management of trees, shrubs and soils in Chapel Hill and its extraterritorial jurisdiction;
  2. encourage the proper protection and maintenance of existing trees, shrubs and soils on all public and some private lands as herein described now or hereafter in Chapel Hill and its extraterritorial jurisdiction;
  3. charge the Town Manager to prescribe procedures for the proper protection, installation, and long-term management of landscape elements on all developing lands, all public and some private lands in Chapel Hill and its extraterritorial jurisdiction as herein described;
  4. establish a system of permits to assure the correct planting, maintenance, protection, and removal of trees and soil on public and private property; and
  5. establish penalties for violation of its provisions.

 

Justification for the new vision and goals: Research was conducted of regulations in multiple  cities and counties, across the nation, who have successfully implemented tree ordinances which regulate individual tree removal, including Atlanta, Hilton Head, and the preferred practices have been incorporated into this proposal.   Attached we provide a copy of the Atlanta (Fulton County) Ordinance, whose approach for tree replacement and payment-in-lieu we recommend.

 

Principles:

  1. Regulations apply to all regulated land uses, including single-family and two-family;
  2. Regulations account for variation among species, and are particular to our region, climate, and town eco-systems;
  3. Regulations shall include a permitting process for tree removal with financial disincentives for unauthorized tree removal;
  4. There shall be punitive fines for the violation of these regulations;
  5. The Town shall form a Tree Protection Board to hear complaints against the permitting process and imposed fines; and
  6. The revenue stream generated by the Tree Preservation Regulations shall be used for landscaping public property and streetscapes.

 

Potential Strategies:

  1. Define sizes and species of trees to be protected
  2. Establish areas where trees can be removed, potentially based on a zone around the perimeter of structures. Alternatively, establish a preservation area, potentially based on setback regulations, where trees are to be preserved.
  3. Create a formula to assess the replacement value of trees
    1. How many trees, what sizes, what species to be planted to replace vegetation removed
    2. How much money in lieu of replacement to a tree fund
  4. Define the rules and the process for removing trees
    1. Application
    2. Thresholds for requiring staff review
    3. Appeals process
  5. Create exceptions for specific situations
    1. Hazardous conditions
    2. Emergency tree removal, no permit
    3. Acceptable reasons to remove trees other than hazardous conditions, potentially including forest management, solar access, cluster subdivision, and other reasons
  6. Create a policy for use of and oversight of tree fund monies

 

RECOMMENDATION

 

On January 2, 2007, the Planning Board voted unanimously to recommend a phased approach to expansion of tree preservation regulations.  The Planning Board recommended a substantial change to the basic framework of the existing tree protection regulations to reflect a vision of no net loss of trees, with a general increase in trees proportional to population growth.  The Board believes the new approach will require the assistance of a tree ordinance specialist to develop the tree replacement policies and payments, to identify how monies generated by the program will be used, and to address the budgetary implications of the new regulations.  During the period while new regulations are being developed, the Board recommended interim changes that would strengthen/expand the present tree protection provisions.

 

Vote:

8-0

 

 

Members Present:

Ruby Sinreich (Chair), Margaret Campion, George Cianciolo, Thomas Jensen, David Johnson, Nancy Milio, Gene Pease, James Stroud

 

 

Member Absent:

Judith Weseman

 

ATTACHMENT

 

1. Tree Preservation Ordinance, Fulton County, Georgia (Atlanta, Georgia)