We Can’t Wait for a New Tree Ordinance

Trees are Coming

Down Now

Due to Lack of Tree Ordinance Enforcement

There’s talk of a new tree ordinance, but that could take up to TWO YEARS to implement, if implemented at all. Meanwhile, look around. Trees are coming down right now because our current tree ordinance isn’t being enforced. We can’t wait. The current ordinance must be enforced NOW to protect Atlanta’s trees. 

Did You Know That…

“Saved” trees are being destroyed…
due to lack of proper tree fencing?

Destroyed trees aren’t being counted…
because the Arborist Division no longer produces quarterly reports?

We don’t know about planned tree removals…
because there is no direct way to see the tree removal sign postings online?

No one is planning for Atlanta’s future tree canopy…
because no one is working on a master plan?

Standards are not being consistently followed…
when it comes to assessing dead, dying, or hazardous trees?

 

These things are required by the current

Atlanta Tree Protection Ordinance,

but they’re not happening.

 

Please call or write:

David Zaparanik, Arboricultural Manager
 
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
404-330-6874

Tim Keane, Commissioner of Planning
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
404-330-6037

and tell them to start enforcing our Tree Ordinance! 

 


Unenforced Sections of the

Tree Protection Ordinance

The Tree Next Door is presently working with the Arborist Division and Tree Conservation Commission to correct these ordinance violations. A status update as to our progress is linked below each item in red.  If there is no status update, no progress has been made or no status update is available.

 

1. “Saved” trees are being destroyed.

This section 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 pre-construction 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.

Click here for status update.

This section provides for more substantial wood or steel tree fencing on heavy construction sites or upon multiple violations. Metal fencing has proven to be very effective, but the arborist office rarely requires it for tree fence violations. And even when it is required, contractors often remove or shift the fences, resulting in destroyed trees.

 

2. Destroyed trees aren’t being counted.

This section requires a quarterly report showing the total number and DBH of trees removed by various categories, including dead/dying/diseased/hazardous trees. The City Arborist Division used to produce these quarterly reports, but no longer does. Now we don’t know how many trees are being destroyed and why. And we don’t know how much money has been paid into the Tree Trust Fund via recompense fees and illegal tree cutting fines. How can the Arborist Division keep track of the resources that it is supposed to protect and replant without any data?

 

3. We don’t know about planned tree removals.

This section ensures that notice of preliminary approvals for tree cutting be posted in 1) the office of the city arborist that issued the approval (Office of Planning or Office of Parks), 2) the City of Atlanta website (www.atlantaga.gov), and 3) on the property affected so that it may be seen and read by passers-by. Presently, for trees on private property, there is no posting in either the Office of Planning or on the city website. The only way to know if there are plans to remove a tree on private property is to drive by the yellow sign posted on the property.

Click here for status update.

 

4. No one is planning for Atlanta’s future tree canopy.

This section states that the Tree Conservation Commission is to consult with the city forester in the preparation of the master plan for the trees in the city. Most cities have a master plan which include tree inventories, recommended species of trees, future planning, and attention to special sections of the city, like watersheds, that need tree attention. Although the Tree Conservation Commission has, within the last two years, contracted satellite imaging of the city trees, Atlanta is doing no overall tree planning. There is no master plan.

 

5. Standards are not being consistently followed.

This section says that the Tree Conservation Commission is to review and approve the required city arboricultural specifications and standards of practice (SOPs). Until 2011, the Arborist Division had followed prescribed SOPs for such functions as assessing tree health, posting tree removal signs, and keeping field books. Presently, it appears that there is no set of SOPs being consistently followed, other than how to enter data into Accela, the City’s online services application.

.

 

Section 158-106: Preconstruction Conference

This section 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 pre-construction 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)

Pre-construction Conference Status Update:

November 8, 2018:  In an email from Kathy Evans, Senior Administrative Analyst for the Atlanta Tree Conservation Commission to David Zaparanick, Arboricultural Manager, in response to an appeal by Stephanie Coffin, TTND member, which claimed that a pre-construction conference was not being conducted on the site of 788 Bonaventure Ave NE:

"We are in the process of establishing the standards for this practice and will submitted [sic] to the Tree Conservation Commission for review."

October 28, 2018:  In an email from David Zaparanick, Arboricultural Manager for the City of Atlanta to Stephanie Coffin, TTND member:

"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. Below is the procedure for this inspection.

Pre-demolition inspection

    1. A sticker, with the information in step 1a and 1b below, is placed on the arborist approved stamped drawings.
      1. Install tree protection fence per the approved arborist stamped drawings, and
      2. Submit a completed pre-demolition inspection request form to the Arborist Division
    1.  An inspection is scheduled upon receipt of the form
    2. The field arborist inspects the site to determine if tree protection is installed per the approved arborist stamped plans.
      1. If the TPF is installed correctly, the inspection passes
      2. If the TPF is not installed correctly, the inspection fails.
        i.      The contractor must make corrections, and reapply for another inspection.

The inspection is recorded under the BA record documenting the plan review/approval.

I will submit the procedure and process to the TCC at the next business meeting, November 14, 2018."

The problem with having only a pre-demolition inspection is that construction is not always part of the same site plan as a demolition; thus, the tree protection fencing required for a demolition is not necessarily the same tree fencing required for construction.  

 

 

 

Section 158-34(c): Metal Tree Fencing

This section provides for more substantial wood or steel tree fencing on heavy construction sites or upon multiple violations. Metal fencing has proven to be very effective, but the arborist office rarely requires it for tree fence violations. And even when it is required, contractors often remove or shift the fences, resulting in destroyed trees.

Sec. 158-34 (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. More substantial wood or steel fencing may be required by the arborist on commercial or other heavy construction sites or upon multiple violations. 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 158-103(f): Quarterly Reports

This section requires a quarterly report showing the total number and DBH of trees removed by various categories, including dead/dying/diseased/hazardous trees. The City Arborist Division used to produce these quarterly reports, but no longer does. Now we don’t know how many trees are being destroyed and why. And we don’t know how much money has been paid into the Tree Trust Fund via recompense fees and illegal tree cutting fines. How can the Arborist Division keep track of the resources that it is supposed to protect and replant without any data?

Sec. 158-103(f) The city arborist shall prepare a quarterly report to be presented to the tree conservation commission. The report shall include the total number and DBH of trees removed and/or the total number and DBH of trees replanted during the preceding quarter in each of the following categories: maximum recompense per acre, dead/dying/diseased/hazardous removal, landscaping permit, silvicultural removal, buildable area removal, parking lots, illegal removal, off-site planting, or any other permit or penalty category not listed. The report shall also include acreage, total number of trees and total DBH for any newly created conservation easements or newly created parklands.

 

Section 158-101(e)(4): Postings

This section ensures that notice of preliminary approvals for tree cutting be posted in 1) the office of the city arborist that issued the approval (Office of Planning or Office of Parks), 2) the City of Atlanta website (www.atlantaga.gov), and 3) on the property affected so that it may be seen and read by passers-by. Presently, for trees on private property, there is no posting in either the Office of Planning or on the city website. The only way to know if there are plans to remove a tree on private property is to drive by the yellow sign posted on the property.

Sec. 158-101(e)(4) The notice of preliminary approval for both public and private property trees, shall be posted in the office of the city arborist that is ruling on the removal permit (either the office of planning or the office of parks), on the City of Atlanta website (www.atlantaga.gov), and in a prominent manner upon the property affected so that it may be seen and read by passers-by. The notice of preliminary approval shall inform any reader that an appeal may be filed with the clerk of the tree conservation commission, and shall indicate the deadline by which the appeal must be filed. The notice shall further indicate that the failure to appeal within the designated time period will result in the issuance of the removal permit without further right of appeal. If the notice of preliminary approval is not [posted as required by this section, no permit shall be issued. The commission may provide further additional rules regarding the manner and method of posting to the extent that such rule is consistent with the requirements of this section.

Sign Postings Status Update:

November 8, 2018:  In an email from Kathy Evans, Senior Administrative Analyst for the Atlanta Tree Conservation Commission to David Zaparanick, Arboricultural Manager, in response to an appeal by Stephanie Coffin, TTND member, which claimed that proper posting procedures were not being followed on the site at 788 Bonaventure Ave NE:

"Sign postings are available for public viewing on Accela Citizen, an official website of the City of Atlanta as required by the Tree Ordinance. We are happy to assist in accessing records in Accela as needed. I will request review of our posting method from the TCC."

The problem with this response is that Sec. 158-101(e)(4) of the tree ordinance specifically states that sign postings for preliminary approval to destroy trees must be done on the City of Atlanta website.  This section even spells out the URL of the www.atlantaga.gov website in case there is any doubt as to which website is being referenced in the ordinance.

  • Accela is NOT part of the www.atlantaga.gov website, but is part of a third party website located at www.accela.com.
  • Accela is NOT a government (.gov) website but a private commercial (.com) website that sells software services. 

If the Atlanta Tree Ordinance allowed sign postings to be done on any website officially used by the City of Atlanta, it would not have specified the exact URL of the website on which the postings needed to appear.

Accela, a third party online database that most citizens don't even know exists, is not a satisfactory substitue for the yellow sign postings that one used to be able to easily access on the Arborist Division website.  Not only does Accela require a 13 page user-guide to understand how to navigate the non-user friendly database, there is no place to see yellow sign postings by neighborhood (NPU) or zip code in Accela.  To find a yellow sign posting, one has to look up an individual street address one already suspects may have a yellow posting and drill down into a specific arborist record to see if there is a yellow sign associated with that record.

The Office of Parks publishes yellow sign postings for public trees prominently on their site to be in complaince with the tree ordinance, so there is no reason the Arborist Division cannot do the same for trees on private property. While Accela was not the chosen software when the tree ordinance was written and amended, it should not be used to thwart the intentions of the law which was to make yellow postings available to the average citizen.  The Arborist Division field arborists know exactly where they are placing the yellow signs into the ground, so these same field arborists should be able to enter the placement of these yellow signs into an online spreadsheet on the city government website, sortable by NPU and zip code.  

 

   

Page 1 of 2

best cookware sets blog the cookware sets blogs cookware sets blog which cookware sets cookware sets best cookware set cookware sets watersoftener reviews best watersoftener review blog top watersoftener review blog samsung chrome book which samsung chrome book best samsung chrome book espresso machine review best espresso machine reviews blogs top espresso machine reviews fish finder reviews blog fish finder reviews which blenders reviews top blenders reviews blogs blenders reviews blog best coffee machines reviews blog top coffee machines reviews coffee machines reviews best massage chair review blogs which massage reviews best baby stroller reviews blog top baby stroller reviews satılık yavru kpek ata˛ehir satılık yavru kpek maltepe satılık yavru kpek kartal kpek eğitim iftliği karaky kpek eğitim iftliği bahelievler kpek eğitim iftliği maltepe kpek eğitim iftliği kpek pansiyonu maltepe kpek pansiyonu avcılar kpek pansiyonu taksim kpek pansiyonu bebek orlu haber ergene haber pornovepornon.com hizlipornolar.org hizlisexizle.net