§ 9.3.8. Administration

A.

Technical Manual The Technical Manual was prepared in conjunction with this Article and, as it exists and may be amended from time to time, it is incorporated here, and a copy of it is maintained in the office of the City Clerk. If any term of the Technical Manual is deemed to conflict with the terms of this Article, the terms of this Article control.

B.

Appeals  

1.

Any applicant under this Article aggrieved by an action of the City Arborist, or any adjacent property owner directly impacted by a decision made under this Article, may appeal and be heard by the Board of Appeals in accordance with the rules and regulations as set forth by this Article and the Board. See Sec. 11.6.3.

2.

Appeals may only be granted for errors of interpretation, application, or where the unique natural features of the site are such that it is impractical or impossible to apply the terms, conditions or standards of this Article, resulting in an undue hardship to the property owner.

C.

Establishment of Tree Bank  

1.

There is hereby established a Sandy Springs Tree Bank for the maintenance and disbursement of funds required to be paid pursuant to the terms of this Article.

2.

Where it is determined by the City Arborist that payment into the Sandy Springs Tree Bank is required by this Article, the required funds must be paid to the Sandy Springs Tree Bank prior to issuance of any related permit.

3.

Funds maintained in the Sandy Springs Tree Bank are administered by the Director pursuant to the rules and regulations regarding the funds as established by the Sandy Springs City Council for the purposes of replacing tree canopy or canopy preservation.

D.

Cost Assignment  

1.

For the purposes of calculation of required payment into the Sandy Springs Tree Bank, an assessed value of $5,000.00 per 1,000 square feet of canopy will be used when canopy replacement cannot be achieved by replanting on the site.

a.

Large Canopy Trees are calculated as 1,000 square feet credit.

b.

Medium Canopy Trees are calculated as 500 square feet credit.

c.

Small Canopy Trees are calculated as 250 square feet credit.

2.

When proposed construction causes the canopy to fall below the minimum canopy requirement, an assessed value of $1,200.00 per 1,000 square feet of canopy is used to determine the payment for the deficient canopy.

3.

For any unauthorized tree removal, an assessed value of $7,500.00 per 1,000 square feet of canopy removed will be used to determine payment into the Sandy Springs Tree Bank.

E.

Potentially Damaged Trees-Escrow Fund  

1.

Where the City Arborist determines that due to approved construction or land disturbance activity an applicant may remove a tree pursuant to the terms of this Article, and the applicant is required to pay for the lost tree canopy of the removed tree, the applicant may, at its election, propose alternative construction or site design methods to attempt to preserve the continued viability of the tree. Should the City Arborist determine that the proposed alternative construction or site design methods will reasonably result in the survival of the tree, that portion of the funds required to pay for the lost tree canopy of the tree pursuant to this Article must be paid into an escrow fund maintained by the City.

2.

After 3 years from the date of the payment of the escrow funds, the applicant has the right to petition the City Arborist for the return of all escrow funds held for the protection of the tree. Within 30 days of the petition, the City Arborist will make a determination as to whether the tree has failed to survive or is in a state of irreversible decline due to the permitted activity. Should the City Arborist determine that the tree has survived and is not in a state of irreversible decline, the funds must be paid to the applicant. Should the City Arborist determine that the tree has failed to survive or is in a state of irreversible decline, the escrow must be transferred into the Sandy Springs Tree Bank.

3.

If funds are required to be paid into escrow pursuant to paragraph 1. above, at any time prior to a determination authorizing the return of the escrow funds to the applicant pursuant to paragraph 4. below, the property owner (petitioner) whose property contains the tree may petition the City Arborist for the payment of the escrow funds to be used for the removal and replacement of the tree on the grounds that the permitted activity has caused the tree to fail to survive or be in a state of irreversible decline.

4.

Upon receipt of such petition, notice of the petition is provided to the applicant hereunder at the address provided at the time of the tree removal permit application, or at any alternative address subsequently designated by the applicant to the City Arborist in writing, via first class and certified mail, within 30 days of mailing of the notice. The City Arborist will make a determination as to whether the tree has failed to survive or is in a state of irreversible decline due to the permitted activity. Notice of the decision is provided to the petitioner and the applicant by certified and first class mail as set forth in this paragraph. Either party may appeal the City Arborist's determination pursuant to this Article. Should the City Arborist determine that the tree failed to survive or is in a state of irreversible decline due to the permitted activity, and no appeal has been timely filed, or the applicant has fully exhausted his or her appellate rights, the escrow funds will be paid to the petitioner to offset any costs incurred in removal and replacement of the tree. The petitioner's rights pursuant to this section may not be exercised more than once in any 18-month period.

5.

Any funds not collected by either an affected property owner or the applicant within a period of 4 years of the establishment of the escrow fund are deposited in the Sandy Springs Tree Bank.

6.

No party is entitled to receive interest on any escrow funds required pursuant to the provisions of this Article.

F.

Enforcement  

1.

The Director will enforce the terms of this Article.

2.

No certificate of occupancy may be issued on any property without compliance with the terms of this Article.

3.

Examples of violations include, but are not limited to:

a.

Land disturbance or building construction without a permit.

b.

Improperly installed or maintained tree protection.

c.

The removal of applicable trees prior to the issuance of a permit.

d.

Non-approved encroachment of tree protection zones.

e.

Other violations of the terms, provisions and standard of this Article.

4.

The Director has the authority to issue a Notice of Violation, a Stop Work Order and a citation to enforce the provisions of this Article.

5.

Where it is deemed necessary, the Director will require sureties to assure compliance to the terms, conditions and standards of this Article.

G.

Fines and Penalties  

1.

Any person, firm, corporation or other entity violating any of the provisions of this Article is guilty of a violation of this Development Code. Each act of violation and each day upon which any act of violation occurs constitutes a separate violation of this Development Code.

2.

Each owner of any property where a violation exists is jointly and severally responsible for the violation.

3.

Unauthorized removal of a tree protected under the terms of this Article without compliance with the terms of this Article will result in an assessment for payment into the Sandy Springs Tree Bank at a calculated rate of $7,500.00 per 1,000 square feet of canopy removed.

( Ord. of 4-17-2018(7) , §§ 9-27—9-31)