TREE CONSERVATION ORDINANCE – PROPOSAL SUMMARY
The objective of this proposal summary is to evaluate the current tree ordinance, outline the options the city has to determine if the tree conservation ordinance should be re-written, and to suggest the five major reforms that need to be incorporated into any new tree ordinance.
Evaluating the existing Sandy Springs Tree Conservation Ordinance
The Sandy Springs Tree Conservation Ordinance establishes a goal that 35% of the land area of redeveloped properties should be covered by tree canopy (9.3.2). At first blush, this seems to be a straightforward, measurable goal. However, further sections of the ordinance outline a process whereby a developer can pay into the tree fund in lieu of replacement plantings. (See section 9.3.8 of the tree ordinance)
However, the city has never analyzed redeveloped properties to determine if the tree ordinance was, in fact, attaining or approximating the tree canopy targets established in section 9.3.2 of the ordinance. It is likely that such an analysis would reveal that the tree ordinance coverage for redeveloped properties is significantly less than 35%.
Determining whether the Sandy Springs Tree Conservation Ordinance should be re-written
The process of discovering how effective the tree ordinance is begins with a Geographical Information System (GIS) evaluation of residential properties that have been redeveloped. This can be done in two ways. First, the city could require that developers conduct a pre and post construction analysis of the tree canopy of redeveloped properties. The second approach would be to conduct a longitudinal analysis of the residential properties that were recently redeveloped, concentrating analysis on the amount of pre and post construction tree canopy is present after construction of the replacement of home has been completed. Either of these two approaches would be sufficient to indicate if a full-scale rewrite of the Sandy Springs Tree Conservation Ordinance is justified. If it is determined that a full-scale review is warranted the city should form a Tree Conservation Ordinance Review Committee composed of city and community representatives led by a 3rd party professional or firm.
Five Principles to Guide the Rewriting of the Sandy Springs Tree Conservation Ordinance
Assuming that the analysis of redeveloped residential properties indicates that there is a need to rewrite the entire ordinance, the following measures need to be included in the new Tree Ordinance:
1. Ban clear cutting by eliminating the developer option of making a tree fund payment in lieu of making compensatory plantings.
2. Tie the level of recompense that a developer must pay for damaging trees, shrubs and vegetation at a residential or commercial redevelopment site to the amount of tree canopy loss that a developer causes.
The more damage to the environment, the more recompense that a developer must pay.
3. Migrate away from a model that says that all compensatory trees must be planted on the site being redevel-oped. Instead, allow developers to plant trees within the front yards of properties provided that the landowners of the properties give consent to the planting.
4. Customize the non-binding tree canopy targets, as Milton and Decatur have done, to the city’s zoning designations. The cumulative impact of these flexible tree canopy targets should be an overall non-binding target of over 50%.
5. The final major reform would be to improve the soil quality through regulation of grading.
A Shift in Mindset
Obviously, there are a number of other factors that impact the effectiveness of a Tree Conservation Ordinance. Those challenges can be resolved if the city and development community understand that the objective of a Tree Conservation Ordinance is to build houses while ensuring that our natural resources are being conserved.