City of Atlanta
Georgia

Ordinance
16-O-1353
Adopted as Amended
Nov 21, 2016 1:00 PM

AN AMENDED ORDINANCE BY COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AMENDING CITY OF ATLANTA CODE OF ORDINANCES SECTION 158-66, ENTITLED “TREE TRUST FUND”, TO ESTABLISH MINIMUM CRITERIA FOR THE USE OF TREE TRUST FUND DOLLARS TO PROCURE PRIVATELY-OWNED AFFORESTED PROPERTY, INCLUDING A REQUIREMENT THAT THE PROCURED PROPERTY BE DESIGNATED IN PERPETUITY AS FOREST LAND; AND FOR OTHER PURPOSES.

Information

Department:SustainabilitySponsors:
Category:Community DevelopmentFunctions:None Required

Attachments

  1. Printout
  2. 16-O-1353- Committee Amendment Form (This file has not yet been converted to a viewable format)
  3. 16o1353 Certified

Body

WHEREAS, the City of Atlanta (“City”) has established a Tree Protection Ordinance that is set forth in City Code of Ordinances section 158-26 through section158-110 (the “Tree Ordinance”); and

 

WHEREAS, the purpose of the Tree Ordinance is to “assure” that there is “no net loss of trees within the boundaries of the city . . . and that the city will continue to enjoy the benefits provided by its urban forest”.  (City Code of Ordinances §158-28); and

 

WHEREAS, in furtherance of its purpose, the Tree Ordinance establishes a Tree Trust Fund (the “Tree Fund”) to be utilized “for the protection, maintenance, and regeneration of the trees and other forest resources of Atlanta”.  (City Code of Ordinances §158-66(a)); and   

 

WHEREAS, the Tree Fund is funded by developers, builders, contractors, homeowners and others who remove or destroy healthy trees located in the City.  To “minimize the impact” of tree loss, the remover of trees must either plant “replacement trees”, and/or must pay “recompense” dollars into the Trust Fund to enable the City to remediate and protect Atlanta’s tree canopy.  (City Code of Ordinances §§158-103(a) and (b)); and

 

WHEREAS, an effective method of protecting and maintaining Atlanta’s urban forest is to procure privately-owned property that is already forested and preserve its afforestation in perpetuity; and

 

WHEREAS, one benefit of purchasing afforested property, in comparison to purchasing and planting new trees, is that many trees on afforested property are mature, thus providing a benefit to the City’s tree canopy that would not be provided by a new tree for many years; and

 

WHEREAS, the Tree Ordinance does not currently provide minimum criteria for procurement of forested property; and

 

WHEREAS, in order to maximize the benefit of the Tree Fund expenditure, it is in the City’s best interest to establish minimum criteria for the use of Tree Fund dollars to purchase privately-owned forested property.

 

NOW, THERFORE, THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS AS FOLLOWS:

 

SECTION 1The City of Atlanta Code of Ordinances Chapter 158 (“Vegetation”), Article II (“Tree Protection”), Division 2 (“Tree Conservation Commission”), Section 158-66 (“Tree Trust Fund”) shall be amended as follows:

 

i)              The current subsection 158-66(b) shall be re-numbered as subsection 158-66(c);

 

ii)              The current subsection 158-66(c) shall be re-numbered as subsection 158-66(d); and

 

iii)              The current subsection 158-66(d) shall be re-numbered as subsection 158-66(e).

 

SECTION 2The City of Atlanta Code of Ordinances Chapter 158 (“Vegetation”), Article II (“Tree Protection”), Division 2 (“Tree Conservation Commission”), Section 158-66 (“Tree Trust Fund”) shall be amended by adding a new subsection (b) entitled “Procurement of forested property”. 

 

Subsection 158-66(b) shall read as follows:

 

“(b)              Procurement of forested property.  

 

As set forth in subsection 158-66(a) above, “protection, maintenance, and regeneration of the trees and other forest resources of Atlanta” shall include procurement of privately-owned forested property.  The tree trust fund may be utilized to purchase forested property provided that the following minimum criteria are satisfied:

 

(1)              The property must contain one or more of the following, as determined by or at the direction of the Department of Parks and Recreation Commissioner and the Department of Planning and Community Development Commissioner:  i) 80 percent or more canopy cover; ii) minimum forestation standards of 1,000 DBH inches; and/or iii) 50 mature trees per acre.

 

(2)              The purchase of the forested property must be authorized by a duly-enacted City ordinance, and said ordinance shall include the following:

 

i)              The property must explicitly be dedicated and preserved in perpetuity as forested land;

 

ii)              The property must be available for public use without cost (subject to Atlanta’s park rules and other applicable City ordinances);

 

iii)              Use of the property must be restricted to passive recreational activities with minimal environmental impact, as determined and established in writing by the Department of Parks and Recreation Commissioner based on the characteristics of the property; and      

 

iv)              The Department of Parks and Recreation Commissioner shall provide a property maintenance plan as an attachment to the ordinance.  The plan will describe the types of maintenance that may be needed at the property, will estimate the property’s annual maintenance cost, and will identify the source of funding for the estimated annual maintenance cost.  To the extent that the Commissioner identifies the Tree Trust Fund as the source of maintenance funding, any specific allocation of maintenance dollars from the Tree Trust Fund shall be authorized as a separate procurement or expenditure, in a manner consistent with applicable city ordinances. 

 

(3)              The Department of Parks and Recreation Commissioner and the Department of Planning and Community Development Commissioner shall jointly develop a written list of factors and a process for evaluating parcels that may be suitable for acquisition as forested property.  An ordinance authorizing procurement of forested property, as described in subsection 158-66(b)(2) above, shall include as attachments an affidavit from each of the two commissioners providing her/his recommendation regarding the procurement based upon these factors. 

 

(4)              The Department of Parks Commissioner and the Department of Planning and Community Development Commissioner shall jointly provide a report to the Community Development/Human Resources Committee each time a privately-owned afforested property procured by the City, which shall include the amount appropriated from the Tree Recompense Fund and the acreage of the property.

 

SECTION 3All ordinances and resolutions in conflict herewith are hereby waived for purposes of this Ordinance only, and only to the extent of said conflict. 

 

 

Meeting History

Jun 14, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

Jun 20, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [13 TO 0]
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Mary Norwood
AWAY:Kwanza Hall
Jun 28, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Natalyn Mosby Archibong, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
Jul 5, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

MEMBERS PRESENT: DICKENS, SHEPERD, ARCHIBONG, YOUNG, HALL, WINSLOW & BOND

RESULT:RETURNED AS HELD
Jul 12, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Jul 18, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 26, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Aug 15, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 23, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 13, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Sep 19, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 27, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 3, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 11, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Natalyn Mosby Archibong, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
Oct 17, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 25, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Natalyn Mosby Archibong, Joyce M Sheperd, Cleta Winslow
ABSENT:Kwanza Hall
Nov 7, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 15, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE AS AMENDED [5 TO 0]
MOVER:Joyce M Sheperd, Vice Chair, District 12
SECONDER:Michael Julian Bond, Post 1 At-Large
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Kwanza Hall, Joyce M Sheperd
ABSENT:Cleta Winslow
AWAY:Natalyn Mosby Archibong
Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED AS AMENDED [13 TO 0]
MOVER:Alex Wan, Councilmember, District 6
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Kwanza Hall, Ivory Lee Young Jr., Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Cleta Winslow
AWAY:Carla Smith