§ 9.3.7. Protected Tree

A.

Protected Tree means a tree 18 inches DBH or larger, other than a Landmark Tree or Setback Tree, in fair or better condition.

B.

The destruction or removal of a Protected Tree on any property must comply with the Site/Tree Conservation Plan provisions of Sec. 9.3.3.C.

C.

The removal or destruction of Protected Trees on property not meeting the canopy requirements, or that will cause the tree canopy to fall below the canopy requirements, is permitted only if the Protected Trees are:

1.

Located within the building footprint of the proposed construction, as permitted by the City; or

2.

Outside of the permitted building footprint, and the City Arborist determines that the permitted land disturbance or construction activity will require the removal of the Protected Tree based on the provisions of Sec. 9.3.5.B.

D.

The City Arborist may decide to approve the removal of a Protected Tree by weighing the following factors in order to determine the extent of the impact of the removal of the Protected Tree upon adjacent properties and only allow such removal if it is determined that such impact is minimal:

1.

The size and configuration of the property;

2.

The physical condition of the tree;

3.

Cost effectiveness of potential alternatives to tree removal;

4.

Whether the tree contributes to meeting any of the requirements set forth in this Article or other requirements set forth by the City;

5.

Generally recognized good forestry practices; or

6.

Other factors creating undue hardship for the applicant.

E.

For removal or destruction of trees approved pursuant to paragraphs C. and D. above, on property not meeting the canopy requirements, or on property on which removal of the Protected Tree will cause the tree canopy to fall below the canopy requirements, the Protected Tree must be replaced by the planting of new trees comparable to the Protected Tree in species and canopy potential.

F.

If the City Arborist determines that replacement is not practical based upon:

1.

The size and configuration of the property;

2.

Unavoidable site modifications resulting from grading, utility work, and construction activities that will result in destruction or irreparable damage to the tree, or wherein site plan modifications to prevent destruction or irreparable damage to the tree are impossible or unduly burdensome on the applicant;

3.

The tree canopy of common areas appurtenant to the property; or

4.

Other factors creating undue hardship for the applicant including but not limited to: pedestrian or vehicle traffic on and adjacent to the property; the configuration of buildings, structures and utilities on or adjacent to the property; cost effectiveness of potential replacement; whether the tree contributes to meeting any of the requirements set forth in this Division or other requirements set forth by the City; or generally recognized good forestry practices;

5.

Then payment may be made into the Sandy Springs Tree Bank in lieu of replacement planting. The compensation for the lost tree canopy below the canopy requirements is calculated on a square foot lost/replaced basis as set forth in the canopy and cost assignment table contained in Sec. 9.3.8.D.

6.

The compensation for the lost tree canopy below the canopy requirements is calculated on a square foot lost/replaced basis as set forth in the canopy and cost assignment table contained in Sec. 9.3.8.D.

7.

All trees removed pursuant to this Section must be replaced by the planting of new trees on the property of a comparable species and canopy potential.

( Ord. of 4-17-2018(7) , § 9-26)