City tree ordinance likely to be pruned and strengthened

By Mike Odom
Staff Writer
Posted 1/25/08

FAIRHOPE, Ala. — The city’s tree protection laws are expected to get tougher next week.

“The City Council agreed to all our amendments other than the one in the setback area,” said Tom Ellis, chairman of the city’s Tree Committee, at a …

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City tree ordinance likely to be pruned and strengthened

Posted

FAIRHOPE, Ala. — The city’s tree protection laws are expected to get tougher next week.

“The City Council agreed to all our amendments other than the one in the setback area,” said Tom Ellis, chairman of the city’s Tree Committee, at a Jan. 17 meeting of the committee. “We were advised to present all amendments but that one at the City Council meeting (on Jan. 28), and to say that the Tree Committee is considering a further amendment.”

Ellis was briefing the Tree Committee members about a special Jan. 14 meeting of the City Council, when the amendment to the city’s tree ordinance were discussed. The regular meeting of the council occurred later that night.

“We’re involved in a lot more activities than we were 10 years ago,” Ellis said at the Jan. 14 meeting. “We’ve had a lot of trouble at some (development) sites. They do very little to prevent damage during construction.”

Ellis presented a package of amendments to the council, stating they would accomplish the following:

• Increase Tree Committee membership from six to eight;

• Lower the diameter size of “significant trees,” which receive enhanced protections under the law, from 24 inches to 20 inches at about five feet off the ground;

• Strengthen protection of existing trees and other vegetation on or near construction sites, requiring detailed plans for pruning significant trees;

• Indicate that the city horticulturist may allow tree removal on city property when this would be in the public interest or when reasonable mitigation is possible;

• Clarify measurement of multi-stemmed significant trees;

• Give detailed prescriptions for protection of existing trees on development sites;

• provide a schedule of fees and restitution for permitted tree removals;

• Allow reduced or canceled fees or restitution for removals that are in the public interest; and

• Provide a schedule of restitution fees for the unauthorized removal of significant trees at private development sites.

“This will give a lot clearer set of rules for treatment and protection of existing and significant trees,” Ellis said. “A lot of things have been falling through the cracks. This will tighten it up and provide more protection and state who is responsible.”

He said the committee had been working on the amendments for about a year.

The city’s tree ordinance was first adopted by the City Council in 1998.

“When we first passed the ordinance, we did not include single-family residences,” said Mayor Tim Kant at the Jan. 14 meeting. “We thought we would come back at a later date, and that’s kind of where we are now.”

Kant, who served as city horticulturist before election as mayor in 2000, was referring to an amendment discussed at the meeting that will not be presented to the City Council next week.

The proposed amendment would have required permits for pruning or removal of significant trees in the front-yard setback of single-family residence property in the city. Currently, the ordinance excludes those private residences, applying only to city and commercial property.

“I think we’re getting a little overbearing on what people can do in their front yards,” City Councilman Mike Ford said at the Jan. 14 meeting.

“Why don’t you have a public hearing and see what the people say,” City Horticulturist Jennifer Fidler said.

The City Council discussed all the proposed amendments, reaching consensus in favor of all but that one. It was recommended to Ellis that the Tree Committee leave that amendment off for now, but to discuss it during his presentation at the Monday City Council meeting.

“I wanted to go ahead and get these (amendments) through,” Ellis told the Tree Committee on Jan. 17. “We’ve been working on these a long time.”

The presentation of the proposed amendments by the Tree Committee will occur at the City Council meeting 5:30 p.m., Monday, Jan. 28. A public hearing on the amendments will follow the presentation.