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HomeMy WebLinkAboutORD 6095 CITY CODE TREES Augusta Richmond GA DOCUMENT NAME: 0 vd 1'rl}J"lCC uCf15 DOCUMENT TYPE: 0 vd j ronce YEAR: } crq r BOX NUMBER: 5 FILE NUMBER: I 3 ~ 3 (p NUMBER OF PAGES: / 4 /s-1' dl~~ I " " ORDINANCE NO. (/.JoC(.:) An OrdinancH to amend Chapter 8-4 of the Augusta-Richmond County Code entitled "Trees" to provide for additional landscaping standards for development that is not single-family residence in nature, and for other purposes. CHAPTER 4 TREES Chapter ~:-4-1. PURPOSE. ThiE: Chapter provides standards for the protection of public trees, and for the designation of landmark trees, and further provides landscaping, tree protection and tree establishment standards for the developme:nt of private property in Augusta, Georgia. It is the purpose of this Chapter to promote the public health, safety, and general welfare of provisions designed to: (a) Aid in stabilizing the environment's ecological balance by contribut,ing to the processes of air purification, oxygen regeneration, wildlife habitat, groundwater recharge, and storm water runoff retardation, while concurrently facilitating noise, glare, and heat abatement; (b) Encourage the preservation of existing trees and vegetation; (c) Prevent soil erosion; (d) Protect and enhance the aesthetic qualities of the community; (e) Prevent structural and pavement saturation; (f) Safeguard and enhance pr.ivate property values and protect private and public investments; (g) Conserve energy. Chapter 8'-4-2. DEFINITIONS. (a) Administrator. The Executive Director of the Augusta-Richmond County Planning commission. (b) Caliper. The diameter or thickness of the main stem of a young tree or sapling as measured at six (6) inches above ground level. This measurement is used for nursery-grown trees having a diameter of four (4) inches or less. (c) Commission. The Augusta Commission. (d) Diameter breast height (DBH). The diameter or width of the main stem of a tree as measured four and one-half (4.5) feet above the natural grade at the base of a tree. Whenever a branch, limb, defect, or 1 " abnormal swelling of the trunk occurs at this height, the DBH shall be measured at the nearest point above or below four and one-half (4.5) feet at which a normal diameter occurs. (e) Dripline. An imaginary circuitous line of the ground that designatl~s the outermost point to which the tree branches extend. (f) Executive Director. County Planning commission. Executive Director of Augusta-Richmond (g) Greenspace. Any area retained as permeable unpaved ground and dedicated to supporting vegetation. (h) Greenspace Plan. A topographic survey map and supporting documentation which describes for a particular site where vegetation (green space) is to be retained or planted in compliance with these regulations. The Greenspace Plan shall include a tree establishment element, a tree protection element, and a landscaping element. (i) IGO. (Illustrated Guide to Implementing the Augusta-Richmond County Tree Ordinance) A document providing standards and specifications for tree protection and tree establishment per section VIII (c) of the Tree Ordinance for Richmond County. (j) Landmark trees. Any tree determined by the Tree Commission and the Augusta Commission, to be of notable historic interest, high aesthetic: value, or of unique character because of species, type, age, or size and therefore designated as a public landmark. (k) Land clearing. DBH or greater. The removal of all vegetation two (2) inches (I) Landscape Establishment Bond. A two year bond that shall be posted prior to the issuance of a certificate of Occupancy and released after two years upon a determination that required trees and landscaping are healthy and have a reasonable chance of surviving to maturity. (m) Official street tree planting plan and program. A plan and program adopted for the planting of trees along public streets, parks and other public places. (n) Official Tree List. A listing of various tree species, classified by size grouping, to be used to determine the quality rating of trees to be preserved or planted as well as the Quality Points (Section III of the IGO). (0) Planting Island. An unpav~ landscaped area located within a vehicle parking area that is define~physically by curbing or otherwise in such a way that it cannot be driven over or parked upon. (p) Park. All public land set aside for open space and recreation purposes. 2 (q) Public property. Any property owned by Augusta, Georgia. (r) Public trees. Any tree located on public property. (s) Quality points factor. A decimal fraction that is assigned to each treE~ species in the Official Tree List and is used as a multiplier in calculating the tree quality points for any tree retained on a site. (t) Right-of-way. A strip of land over which Augusta, Georgia has the right, by ownership or otherwise to construct a public street, sidewalk, or use for public utilities. (u) street yard. A greenspace parallel to the street right-of-way whose t01:al area is equal to at a minimum ten (10) times the length of the right-of-way in square feet. (v) Tree Commission. An appointed board of twelve (12) members with designated duties as outlined herein. (w) Tree establishment element. A topographic survey map and supporting documentation which describes for a particular site where trees are to be planted in compliance with the requirements of these regulatic,ns, the types of trees and their corresponding tree quality points. (x) Tree protection element. A topographic survey map and supportin.g documentation which describes for a particular site where existing trees are to be retained in compliance with the requirements of these re9ulations, the types of trees and their corresponding tree quality points. (y) Tree protection zone. The area surrounding a preserved or planted tree that is essential to that tree's health and survival, and is protected within the quidelines of this chapter. (z) Tree quality points (TQP). A unit of measurement which quantifies the relative value of trees that are planted or retained on a given sit.e. Tree quality points quantitatively express the desirable quali ties of the species with regard to size for each tree that is retained on a site. For planted trees the tree quality points are an expression of species desirability and the expected mature size of each tree. (aa) Vehicle display areas. Areas where vehicles are displayed for sale or l,ease. (bb) Vehicular service area. Any paved or unpaved area utilized by vehicles. 3 the AuguBta Commission. (b) Trees deemed a danger to the public or the adjoining property by the Department of Public Safety or by the Trees and Landscape Department shall be exempt from the restrictions of this section and can be removE~d for the safety of the public and/or adjacent properties. (c) Nothing herein shall be construed as prohibiting the cutting and/ or re:moval of a tree or trees incident to a road improvement proj ect, a drainage project, or a water and sewerage project of Augusta, Georgia or the GE!orgia Department of Transportation. (d) All other projects causing disturbance within rights-of-way which may cause extensive damage to trees therein shall likewise be reviewed by the Augusta-Richmond County Trees and Landscape Department for recon~endations. (e) No person or organization shall do any of the following acts to any pubLic tree without first obtaining the proper permit from the Augusta-Richmond County Trees and Landscape Department: killed. (1) Cut, prune, break, damage, remove, kill or cause to be (2) Cut, disturb, or interfere, in any way, with the soil or any root within the dripline. (3) Place, spray, or apply any chemical that is known to be toxic to trees in a location that may be absorbed by any part of the tree. (4) Fasten any rope, wire, sign or other device whether invasive to the tree or not. (5) Remove or damage any guard devices placed to protect any tree. (6) Conduct razing, removal, demolition, expansion, or renovation of any structure if deemed by the Department of Public Works to be damaging to neighboring public trees. (7) Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health. (8) Pave with concrete, asphalt, or other impervious material within the dripline of any public' tree unless approved construction techniques are followed as prescribed. (Ord. 5933, June 17, 1997) Chapter 8'-4-6. TREE PROTECTION ZONE; OFFICIAL TREE LIST. (a) There is hereby established a tree protection zone which shall include all public right-of-way and all public lands of Augusta, Georgia. 5 (b) The superintendent of the Augusta-Richmond County Trees and Landscapl~ Department, with assistance from public utility companies, the Augusta Commission, the Tree Commission and other interested groups, is hereby charged with the duty of determining the types of species of trees suitable for planting, as well as those prohibited, and the conditions under wh:Lch such trees shall be planted along streets, in parks, and in public places within Augusta, Georgia. When completed, the list shall be presented to the Augusta Commission for its approval. When approved, the said report shall be known as the Official Tree List. Revisions in the Official Tree List may be made from time to time by the Augusta Commission. All trees hereafter planted on public property of Augusta, Georgia nrost be on the Official Tree List, unless otherwise specifically approved by the Augusta Commission. Chapter ~:-4-7. PLANTING AND MAINTENANCE STANDARDS. (a) The Augusta Commission, through the Augusta-Richmond County Trees and Landscape Department shall have the authority to insist that all property owners treat or else allow the City to treat trees suffering from transmittable diseases or insect infestations which are on private property but are affecting the health of public trees on public property. If the disease infestation warrants drastic action to curb its spread to healthy public trees, at the direction of the Commission, the property owner shall remove and dispose of said trees or else allow Augusta, Georgia t.o do so 0 (b) In case of emergencies, such as windstorms, or other disasters, the requirements of this article shall be waived during the emergency period so that the requirements of this Chapter would in no way hamper private o.r public work to restore order to Augusta, Georgia. This work is to be done in accordance with the emergency standards as outlined by Augusta, Georgia. Chapter 8-4-8. MOVING BUILDINGS OR OTHER LARGE OBJECTS No person shall move any building or other large objects which may injure any public tree or parts thereof along any street without first having obtained written permission from the superintendent of Trees and Landscape Department and then having obtained a permit from the License and Inspections Department. Chapter 8-4-9. LANDMARK TREES The Augusta Commission may, upon petition by the property owner, designate a tree as a landmark tree, as defined herein. All nominations for landmark trees shall be reviewed by the Tree Commission which shall make a rl~commendation on such nomination to the Augusta Commission. Trees so designated shall thereafter be considered public landmarks and shall not be destroyed nor endangered except as recommended by the Tree Commission. The designation of a Landmark Tree shall be based upon an evaluation of the tree in relation to the criteria set forth in the IGO. 6 Upon designation as a Landmark Tree, the tree shall be protected as provided in this Chapter, and the tree quality points assignment shall be based upon a quality points factor of 200 percent of the tree quality points for a preferred tree of equal DBH. Chapter 8-4-10. NUISANCE TREES AND SHRUBS Any tree or shrub or parts thereof growing on public or private property which interferes with or endangers the use of the public streets or obscures sight distance or creates a traffic hazard on intersections or endangers the life, health, safety or property of the public, shall in the opinion of the Tree Commission be declared a public nuisance. The owner shall be notified in writing of the existence of the nuisance and be given a fifteen-day (15) period of time for instigating its correction or removal. If not corrected or removed within thirty (30) days, the Tree COnlDlission shall cause the nuisance to be corrected or removed and the cost shall be assessed to the owner as provided by this Chapter. Chapter E:-4-11. GREENS PACE REQUIREMENTS PUBLIC DEVELOPMENT FOR PRIVATE AND (a) Application. The regulations set forth in this Chapter shall apply to all properties affected by development proposals requiring site plans pursuant to section 30-2 of the Comprehensive Zoning Ordinance for Augusta, Georgia. Permits for clearing land and grading of land shall not be 9ranted until plans as required by this Chapter have been approved. (b) Exemptions. The following types of developments are exempt from compliance with any and all provisions of this Chapter: (1) Construction (including clearing) residential structures on individual lots; and of single-family (2) The development of streets within a subdivision. (3) site Plans requiring grading only (no construction of improvements). (4) Telecommunication facilities in LI or HI zoning unless the site is in view of a residential use in a residential zone, as viewed from the :base of the to\ver. (c) Greenspace Plan required. Except as herein provided, there shall be a Greenspace Plan for every applicable development. Such plan shall include a landscape element, a tree protection element, and a tree establishment element. (d) Landscape element. Such element shall include a topographic survey map illustrating compliance with the design principles and standards included in the following section. 7 (e) Landscape element design principles and standards. (1) A minimum of ten (10) percent of the total land area of any development shall be devoted to greenspace. (2) No artificial plants, trees, or like materials shall be counted 1:oward meeting the standards of these regulations. (3) All retained or planted trees shall be protected or situated so as to prevent damage from environmental changes (such as a lowered ~Tater table) or land disturbance resulting from any building or facility construction. (4) Sidewalks, curbing, or any other paved or impermeable surfaces within the greenspace area shall not count towards the ten (10) percent Dlinimum greenspace or street yard requirement. (5) A street yard area shall be provided along any existing or proposed public street right-of-way or private right-of-way adjacent to or adjoining the property except for those portions of the lot used for dri veways:. Detention or retention ponds at the front of the property near the right-of-way do not relieve the developer from installing the required street yard. For site plans that include fewer than one hundred (100) total parking and loading spaces, the area of the street yard shall be ten (10) times the length of the right-of-way frontage in square feet, and the minimum width at any point shall be seven and one-half (7 1/2) feet measured perpendicular to the right-of-way. If two (2) street yards cross, count the overlapped area only once. Street yards shall be landscaped and properly maintained by the owner and shall have live vegetation, groundcover, grass, trees, shrubs and may, unless otherwise prohibited,;, include fences and walls and plantings for parking areas. Each street yard shall have at least one (1) tree for each forty (40) linear feet on center of street frontage. All planted trees must be at least thJ::-ee (3) inches in calipher, have a single trunk, and be unbranched to six (6) feet. In zoning districts where zero setbacks are permitted by the Comprehensive Zoning Ordinance for structures adjoining public street rights-of-way, the street yard and its plantings may be located upon the public property if approved by the Department of Public Works. In all other cases, the street yard must be located on private property. For site plans that include one hundred (100) or more total parking and loading spaces, the area of the street yard shall be twenty (20) times the length of the right-of-way frontage in square feet, and the minimum width at any point shall be fifteen (15) feet. When a use of land is intensified or expanded in such a way that the required parking must be increased more than twenty (20) percent (except for parking areas where a t'wenty (20) percent increase would be less than 5 new spaces) then the entire site including the already developed area must be provided with a street yard that is at least five (5) times the length of the right--of-way frontage in square feet, and the minimum width at any point is two (2) feet. 8 (6) Parking lots (excluding vehicle display areas) providing over twenty (20) spaces shall contain interior landscaped areas. This section shall apply to any surface parking lot or loading area or vehicular service area or portions thereof built after the adoption of this Chapter. The number, size, and shape of interior landscaped areas shall be at the discretion of the owner subject to the following provisions: (a) A m1n1mum of five (5) percent of the total interior area of parking lots, loading areas, and vehicular use areas (except vehicle display areas) shall be devoted to landscaping. Required street yards may not count toward the five (5) percent. For site plans that include fewer than 100 total parking and loading spaces there shall be no more than twelve (12) consecutive parking spaces between planting islands, which must be at least one hundred (100) square feet in area with a minimum width of eight (8) feet measured inside of curb to inside of curb. On such site plans one of every five (5) required planting islands must be a minimum of 37.5 feet in length and eight (8) feet in width, inside of curbing, unless all parking spaces are arranged around the perimeter of the parking lot. For site plans that include one hundred (100) or more parking spaces and loading spaces there shall be no more than twenty (20) consecutive parking spaces between planting islands, which must be at least three hundred (300) square feet in area with a minimum width of twelve (12) feet measured inside of curb to inside of curb. When a use of land is intensified or expanded in such a way that the required parking must be increased more than fifty (50) percent (except for where such an increase would be less than twenty (20) spaces), the new parking area must conform to the requirements of this subsection and the already developed parking area must be retrofitted with planting islands at a rate of one for every twenty (20) spaces which is no less than one hundred (100) square feet in area and with a minimum width of ,~ight (8) feet. All internal planting areas shall be landscaped with approved plant materials compatible with accepted arboricultural practices as set forth in the IGO. The area devoted to interior planting islands may be deducted from the required parking area pursuant to section 4-2 of the Zoning Ordinance'at a rate of one (1) space per two hundred (:200) square feet of planting island except that the requirement of spaces shall not be reduced over ten (10) percent. (b) within parking areas, trees shall be provided at the m1n1mum rate and size of one medium or large shade tree for every 3,000 square feet of total surface area. No parking space shall be further than 65 fE~et from the trunk of a shade tree with no intervening building. (7) Lighting serving to illuminate a parking area shall not be located within a planting island. (8) A permanent water source shall be provided not more than one hundred (100) feet from any planted tree. (9) Where the rear property line in a multiple-family residential, professional, commercial or industrial zone abuts an R-1 zone or single- 9 family r~~sidence, a buffer strip not less than twenty (20) feet in width shall be provided at the time that development of the mUltiple-family residential, professional, commercial or industrial zoned property occurs. This buffer strip shall be designed to provide a year-round visual sc:reen that is at least eight (8) feet in height and completely blocks the view of the subject property by a person standing just across the propE~rty line on the adjoining residential property. It may consist of solid board fencing accompanied by trees spaced on 40 foot centers, masonry walls, evergreen plant materials, berms, rocks, mounds, or combinat:Lons thereof to achieve the objective. Where plant materials are utilized,. they must be of such variety, quality, and quantity that the objectivE~ could be expected to be accomplished within three years. No building~;, structures, storage of materials, or parking shall be permitted within this buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish and weeds. (10) Where the side property line in a mUltiple-family, professional, commercial, or industrial zone abuts an R-1 zone, and a parcel i::; located in a block that 50 percent or more of the street frontage on the same side of the street is zoned single-family resident1.al, or where 50 percent or more of the street frontage within 750 feet on both sides of the parcel on the same side of the street is zoned single-family residential, a buffer strip not less than ten (10) feet wide along the side property line(s) shall be provided. Said buffer strip sha.ll begin at the front setback line and extend along the entire remaining' side boundary line of the parcel being developed. It shall consist of a "shadowbox" style fence or another style wooden or masonry fence that has two finished sides at least six (6) feet in height on or within two feet of the property line, and plant materials as set forth in the Illus:trated Guide spaced no more than one-half the plant width at maturity per the Illustrated Guide along the entire length of the fence. Buffer areas shall be maintained and kept free of all rubbish and debris. (ll) The mature or ultimate spread of planted trees shall be shown on the Greenspace Plan. Planted trees shall be spaced according to the following minimum standards in order. to qualify for tree quality points: *large trees - thirty (30) feet apart *medium trees - twenty (20) feet apart *small trees - fifteen (15) feet apart (f) Tree protection and tree establishment elements. Land cleared for develc)pment or land being proposed for development shall have, after development, not less than one thousand (1,000) tree quality points (TQP) per acre em a given site. Large Industrial sites may be exempt from this requirement at the discretion of the Administrator. Tree quality points shall only be calculated on the acreage of the site that is being developed. Undeveloped portions of the site shall not be required to provide tree quality points (including street yard requirements) nor shall tree quality points for existing trees be counted toward the requirements of the developed portion of the site. Tree protection and tree establishment elements may be provided separately or collectively depending on the nature, complexity, and scale of the development. Such 10 elements shall include a topographic survey map showing: (1) Existing tree cover and tree cover that is to be removed. (2) The location and species of all trees to be retained on the developed portion of the site for which tree quality points are to be claimed, including their DBH, tree quality points, and their tree protection zones. Where a grouping or cluster of twenty (20) or more trees is located within a proposed tree protection zone, the location of individual trees within such cluster is not required to be spotted on the plan, provided the number of trees for each species within the cluster is given and the average DBH is identified for each species. Existing trees on undevHloped portions of the site (i.e. future development) cannot be counted 1:oward Tree Quality Points. (3) The location, species, and DBH of all trees located on adjacent rights-of-way. (4) A listing of all trees to be planted on the site for which tree quality points are to be claimed, giving their respective species, caliper, and tree quality points. (5) A description of tree planting specifications if different from thos:e listed in the Illustrated Guide to Implementing the Augusta- Richmond county Tree Ordinance (IGO). IGO and any amendments thereto are hereby adopted by reference. The guidH will be reviewed annually by the Tree Commission with the updated version being adopted by reference and each time made a part hereof. All Greenspace Plans shall be provided in a manner consistent with provisions contained therein. (g) Tree protection and tree establishment standards. protection zones shall be established and maintained for all preserved or planted on a site for which tree quality points are claimed. The following provisions apply to such zones and the within them. Tree trees to be trees (1) The tree protection zone shall have a dimension of not less than one-half (1/2) the distance to the dripline of the preserved tree, or t:he minimum tree protection zones for planted trees set forth in Table 1; \lrhichever is greater. Tree protection zones shall be barricaded prior to the commencement of construction and until the Certificate of Occupancy has been issued. (2) The area within any tree protection zone must remain open and unpaved. The use of perforated pavement may be allowed subject to the approval of the Administrator. (3) A plan shall accompany all applications identifying how existing itrees within tree protection zones are to be protected during clearing and construction of the project. Such a plan shall be approved by the Administrator upon a finding that the plan adequately addresses 11 the critt~ria set forth in the IGO. (4) No vehicles shall be parked, construction material stored, substances poured, disposed of, or placed, within any tree protection zone at any time during clearing or construction of the project. (5) No change in grade within the tree protection zone shall be allowE~d except for a maximum addition of two (2) inches of sandy loam topsoil covered with mulch. (6) Tree wells or tree walls (islands) shall be constructed as needed tel protect the preserved trees from grade changes which result in changes (If water supply to the tree protection zone. Adequate means for drainage of excess moisture from the tree protection zone shall be provided if tree wells or tree walls are constructed. (7) For planted trees, the minimum size Tree Protection Zone centered upon the planted tree shall be as specified in Table 1. (8) The ground elevation where trees are to be planted in a street yard shall be within five (5) feet of the ground elevation of the street ri.ght-of-way. Table 1 Minimum Tree Protection Zone for Planted Trees Mature Minimum Area ** Tree Size Sauare Feet Protection Zone small * 16 2.0' radius medium * 66 3.0' radius large * 200 4.0' radius * A listing of small, medium, and large trees is found in IGO. ** Protection Zone = Minimum distance from tree trunk to edge of dripline. (h) Tree quality points. (1) Tree quality points shall be assigned to preserved or planted trees as follows: a. All preserved trees must be at least four (4) inch caliper to qualify for tree quality points. b. All large and medium planted trees must be at least three (3) inch caliper, have a single trunk, and be unbranched to six (6) feet in order to qualify for tree quality points. Small planted trees as defined in the IGO must be at least one (1) inch caliper and while multi- trunk small trees may be utilized, t~e largest trunk must be at least one 12 '. . (1) inch caliper and 6 feet in height to qualify for tree quality points. (2) Tree quality points for planted trees. Quality points are assigned to newly planted trees as defined in the following table and only if planted in accordance with the IGO specifications, The species lists contained in the above guide identifies tree types by size. Table 2 Mat1.1re S i ZIL- Tree Qualitv Points for Planted Trees Acceptable Recommended Preferred small * med.i um * larq-e * 1 4 13 3 12 39 7 28 91 * A listing of small, medium, and large trees is found in the IGO. (3) Tree quality points for preserved trees. Quality points for tree!; preserved on the site are directly related to the tree species quality and the tree protection zone that must be provided for the tree. For presf~rved trees, tree quality points are calculated by squaring the tree's DB (diameter at breast height) and multiplying this number by the. applicable quality points factor. If the calculated tree quality points is less than that given for planted trees in Table 2, then the greater number will apply. DBH X DBH X (Quality Points Factor) = Tree Quality Points Table 3 Tree Qualitv Points Factor Tree Oualitv Ratinq Oualitv Points Factor * Acceptable Recommended Preferred Landmark Trees 0.2 '0.6 1.4 2.0 * ~~he assigned quality points factor is found in the Tree Species List in IGO. Chapter S:-4-12. COMPLIANCE. All improvements shown in the Greenspace Plan shall be constructed and all plant materials shall be in place and approved by the Augusta- Richmond County Trees & Landscape Department before a certificate of Occupancy will be issued for any use of land or structure(s) that is not exempted from this Ordinance. If at the time of request for a certifica.te of Occupancy the required landscaping is not in place and it 13 -, can be dE!termined by the Trees & Landscape Department that unavailability of plant materials or that weather conditions prohibit completion of this planting, then the developer may, at the discretion of the Executive Director, provide an executed contract binding for one (1) year from the date of application that provides for the completion of such landscaping work, and also a performance bond or an irrevocable letter of credit from a federally insured lender in an amount to be approved by the Trees and Landscapl~ Department commensurate with the cost of completing the required landscaping. Chapter 13-4-13. LANDSCAPE ESTABLISHMENT BOND. A two year Landscape Establishment Bond shall be posted with the Administrator prior to issuance of the certificate of Occupancy. This bond shaJLI be in the amount of the contract award for landscaping or in an amount: determined by the Trees and Landscape Department, whichever is higher. After 18 months, the Trees and Landscape Establishment period the Tree::; and Landscape Department shall inspect the site and make a determination as to whether or not the required trees and landscaping are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the bond shall be released at the end of the two year LandscapE! Establishment period. In absence of such a finding the bond shall not~ be released and the owner of the property shall be notified to replace 1:he unhealthy trees and landscaping or take other appropriate action as: required by the Trees and Landscape Department. If the owner fails to comply with the decision of the Trees and Landscape Department within sixty (60) days of receiving a written notice, then the City shall use the bond to the extent necessary to bring the property into compliance with the provisions of these regulations. Chapter 8-4-14. APPEALS AND VARIANCES. (a) Decisions of the Administrator may be appealed to the Augusta- Richmond County Tree Commission. The Tree Commission shall also hear requests for variances from the provisions of this Chapter. The Tree Commission shall review the appeal or variance and make its recommendations to the Administrator. Forms for such purpose will be provided by the Administrator. (b) Variances shall only be granted upon a determination that the variance is the minimum necessary to afford relief and when in the opinion of the Tree Commission relief is justified. (c) Variances shall only be granted upon: (1) A determination that failure to grant the variance would result in exceptional hardship; and (2) A determination that the granting of a variance will not adversely impact the intent and purpose of these regulations. (d) The Tree Commission may conditions a request for a variance. approve, deny, or approve with Conditional approval may be granted 14 . . " where mitigation of the impact is agreed upon by the Tree Commission and the peti.tioner. Chapter B-4-15. ABROGATION AND GREATER RESTRICTIONS. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another regulation conflict or overlap, whichever regulation imposes the more stringent restrictions shall prevail. Chapter :3-4-16. SEVERABILITY. If any provision of this Chapter is declared to be invalid, such declaration shall not affect, impair, or invalidate the remaining provisions of this Chapter. Chapter H-4-17. ENFORCEMENT, VIOLATION AND PENALTY. The Trees and Landscape Department shall report all violations of the provisions of this Chapter or failure to comply with any of its requiremEmts to the Administrator. Once a violation is evident, the Administrator, acting on behalf of the Augusta Commission, shall notify the owner in writing of the apparent violation of this Chapter. The written notice shall direct the owner to cease the violation until such time as 1:he requirements and procedures of this Chapter have been met. Upon failure of the owner to comply with this notice, the Administrator shall not:ify the Augusta City Attorney of the violation and the Augusta City Attorney shall immediately begin legal procedures in the Superior Court of Richmond County to prevent, enjoin, abate, or terminate such violations in addition to injunctive relief. All persons, firms or corporatj.ons failing to comply with the mandatory provisions hereof or doing any act prohibited hereby shall be guilty of a misdemeanor and shall be punished as provided in Chapter 1-6-1 of this Code. Each day such violations continue shall be considered a separate offence.. Nothing herein contained shall prevent the Augusta Commission from taking such other lawful action as is necessary to prevent or remedy any violations. Done in Open Meeting under the Common Seal thereof this ____ day of , 1998. APPROVED THIS b1P day of , 1998. ATTEST: ~ ~ -mmisst:: 1st reading October 6, 1998 2nd reading October 20, 1998 15