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Tree Bank Research Project

Background
In February of 1999 DeKalb adopted the new Tree Protection Ordinance. Over the next nine months over 270 hardships were filed in addition to a lawsuit. Trees Atlanta sought to work on an aspect of the Tree Protection Ordinance that would help more developers/builders comply without weakening the Tree Protection Ordinance. One such concept was Tree Banking. Interestingly, both Tree Conservationist and the land development community were interested in Tree Banking.

In August of 1999 Trees Atlanta received a grant to explore Tree Banking from the Urban and Community Forestry Grant Assistance Program. The Tree Banking Ordinance was created for DeKalb County with assistance from the Emory University Turner Environmental Law Clinic. We have also provided the following FAQ. If you have any questions or information to add please contact Neil Norton.

Tree Bank FAQ (excerpts from the Tree Banking Ordinance are in italics)

  1. What is Tree Banking?
  2. What other types of Tree Banking are there?
  3. How are Tree Banking requirements fulfilled?
  4. When is Tree Banking useful?
  5. When is Tree Banking harmful?
  6. How does one calculate the dollar amount the developer/builder will contribute to the fund?
  7. How is the cost of a replacement tree calculated?
  8. How much money can be generated through a Tree Bank Fund?
  9. Who should control the tree bank fund?
  10. What is the criteria for money spent from a Tree Banking Fund?

What is Tree Banking?
The terms "tree banking" and "tree bank" can be misleading. The meaning assigned for the purpose of this is document is confined to use within Tree Protection Ordinances.

Tree Banking is term used to describe the process of accepting a contract from a land developer or builder to plant trees and/or money to be contributed to a Tree Fund as an alternative to meeting the required tree density associated with the land category being developed. Tree Banking is typically listed under Alternative Compliance within Tree Protection Ordinances.

What other types of Tree Banking are there?
The term Tree Banking has also been used to describe carbon trading. In exchange for development rights developers will mitigate by purchasing forested land in other regions. A "bank" holds the land (hence tree bank) and offers carbon credits in exchange for the purchase of the land. The Nature Conservancy is the world's leading private, international conservation group and the leading promoter of carbon credit deals.

For breakdown of other uses of the term tree banking go to http://www.isa-arbor.com/tree-ord/treebank.htm

How are Tree Banking requirements fulfilled?
Tree Banking can be fulfilled by off-site planting and/or contribution to a Tree Bank Fund. Off-site planting is when the developer/builder promises to plant trees at some future time. Contribution to a tree bank fund is when the developer/builder complies to the Tree Protection Ordinance by contributing to a fund. The contribution is calculated by a formula that multiplies the cost of planting and maintaining two inch trees needed by the number of trees needed to be planted for full compliance.

When is Tree Banking useful?
Tree Banking is useful when the zoning code conflicts with the tree protection code, when planting exceeds the capacity of the land due to penalties imposed or limitations of the land, when off-site planting is not practical due lack of public planting areas.

When is Tree Banking harmful?
If tree banking is used to avoid the tree protection ordinance. This can be avoided by having a reasonable tree protection ordinance and an onerous tree bank ordinance (or clause). Moreover Tree Banking should only be available at the discretion of the arborist. Possible text fro

Alternative compliance is available when the County Arborist has determined that a site cannot accommodate the replacement units required by any section of this Tree Protection Ordinance. Requests to proceed under this section shall be made to the County Arborist. If the County Arborist determines alternative compliance is appropriate, the County Arborist will then proceed with tree banking procedures under section 14-39A of this Code.

How does one calculate the dollar amount the developer/builder will contribute to the fund?
Typically a formula will be derived that multiplies the number of trees needed to meet the requirements by the average cost of a replacement tree. Below is an example from the DeKalb Tree Banking Ordinance.

The dollar value of tree units to be tree banked will be determined by the County Arborist according to the following methods:

(1)Under subsection (m) of the Tree Protection Ordinance, where there is a density factor deficit, the County Arborist will utilize this method:

a. Determine Site Density Factor. SDF is 30 units per acre for multifamily and nonresidential property and 15 units per acre for residential property.
b. Determine Existing Density Factor. EDF is the number of units that are to remain on the property. EDF becomes SDF when EDF totals more than required 30 units per acre for multifamily and nonresidential and 15 units per acre for residential property.
c. Determine Replacement Density Factor. The County Arborist, in his discretion, determines RDF based on the size of the property, the amount of space on the property necessary to maintain the long-term health and life of the trees to be replanted, and the standards and requirements set forth in the Tree Protection Ordinance.
d. Calculate Density Factor Deficit. DFD is calculated by subtracting the
sum of the EDF and RDF from SDF (DFD=SDF- (EDF+RDF)).
e. Convert DFD to the appropriate number of trees by dividing DFD by either .4 (the unit value of a 2 inch caliper replacement tree). See Chart 3 of the Tree Protection Ordinance.
f. Convert to contribution dollars by multiplying the number of trees by either $250 (the amount determined necessary to purchase, plant, and maintain a 2 inch tree).

EXAMPLE
A 5.85 acre commercially zoned property where SDF is 30 units per acre.

(1) Determine SDF:
SDF= 5.86 * 30 units
SDF= 175.8 units.
(2) Determine EDF by referring to Chart 1 of the Tree Protection Ordinance. In this example, it is assumed EDF is as follows:
Ten 10 inch Trees= 32 units
Five 20 inch Trees= 27 units
Two 33 inch Trees= 23.6 units
Total EDF= 82.6 units
(3) Determine RDF. In this example, it is assumed that the developer can replant the following number of trees:
60 2 inch Trees= 24 units
(4) Determine DFD (DFD=SDF-(EDF+RDF))
DFD = 175.8 - (82.6 + 24)
DFD = 175.8 - 106.6
DFD = 69.2 units
(5) Convert to number of trees using Chart 3 of the Tree Protection Ordinance.
69.2 / .4 = 173 two inch trees
(6) Convert to dollars.
173 * $250 = $43,250.00. This amount is to be contributed to the Tree and Green Space Fund.

How is the cost of a replacement tree calculated?
The cost of an average replacement tree was calculated to be $250. This would include, transpertation cost, planting cost, average cost of a two inch tree, and maintenance for two years. Average cost of a two inch tree was calculated by contacting six tree growers and wholesalers within the Southeast region.

How much money can be generated through a Tree Bank Fund?
The amount of money generated depends on the size of the municipality, the requirements of the Tree Protection Ordinance, the manner in which it is enforced, and the formula used to calculate the fees. The City of Rosewell generates tens of thousands of dollars as does the county of Cobb. It has been estimated that the DeKalb Tree Protection Ordinance would generate close to a million dollars.

Who should control the tree bank fund?
Often Tree Bank Funds are controlled by the arborist in conjunction from someone in the finance department of the municipality. The DeKalb Tree Bank Ordinance appointed a body (Initiative for Green DeKalb) to make recommendations to the the elected representative of the county (the commission). Language below.

(e) Tree and Green Space Fund Administration.

a. Management.
The Tree and Green Space Fund will be administered by the Initiative for a Green DeKalb. The Initiative For a Green DeKalb, only as authorized by the County Commission, may expend money held in the Tree and Green Space Fund in furtherance of the express purposes provided for in this ordinance.

b. Funding To Be Kept Separate From the DeKalb County General Fund.
The Tree and Green Space Fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part of the fund may be deposited in DeKalb County?s general fund.

What is the criteria for money spent from a Tree Banking Fund?
There are many ways money generated from a tree bank may be sent. Perhaps most common is for the funds to be spent on planting trees and on tree activities like celebration of ArborDay. A more ambitious plan can also allow for the purchase of land containing trees. The DeKalb Tree Banking Ordinance allows for Tree Bank Funds to be spend either on either public or private land. Actual language below:

(2) Utilization of Money in the Tree and Green Space Fund.

a. Application.
Any Private Group or division of DeKalb County wishing to utilize money from
the Tree and Green Space Fund must submit a written application to the Initiative
for a Green DeKalb.

1. County Applications.
Any division of the County may apply to the Tree and Green Space Fund for the following projects: the purchase of green space, the creation of conservation easements, and the purchase and planting of trees, bushes and grasses. The applications regarding planting trees, bushes, and grasses must have as their primary focus the planting of trees. The division's application must contain:
i. the name of the division requesting money;
ii. the reason the division is requesting the money;
iii. the amount of money requested and an accounting of how the money will be spent, including amounts for the purchase price of the trees, greenspace, or conservation easement, amounts required for maintenance, and amounts for any associated expenses;
iv. if trees, bushes, and grasses are to be planted, the type and size of trees, bushes, and grasses to be purchased, the location where the trees, bushes, and grasses will be planted, the approximate date the trees, bushes, and grasses will be planted, and a brief explanation of the division's plan to maintain the trees, bushes, and grasses;
v. if green space or a conservation easement is to be acquired, the location and size of the green space or conservation easement, and the date the green space or conservation easement will be acquired.

2. Applications from Private Groups.
Private groups may apply to the Tree and Green Space Fund for the following projects: the purchase, planting and maintaining of trees, bushes, and grasses on public property within the County. All applications must have as their primary purpose the planting of trees. A private group's application must contain:
i. the name or names of the private group or individuals requesting the money;
ii. the amount of money requested;
iii. the purchase price of the trees, bushes, and grasses;
iv. the reason the private group wants the trees, bushes and grasses;
v. the type and size of trees, bushes and grasses to be purchased;
vi. the location where the purchased trees, bushes, and grasses will be planted;
vii. the approximate date the trees, bushes, and grasses will be planted; and
viii. a brief explanation of the group?s plan to maintain the trees, bushes, and grasses.

b. Application Review.
The Initiative for a Green DeKalb will begin review of an application to the Tree and Green Space Fund within 30 days of receiving an application meeting the requirements of this section. The Initiative for a Green DeKalb will make a recommendation regarding approval of an application to the County Commission within 45 days of receiving the application. The County Commission will make the final decision by majority vote regarding approval of an application.

c. Payments out of Tree and Green Space Fund.
1. Payment to the County.
No later than 30 days after the County Commission approves an application by a division of the County, that division must submit a request for payment to its account from the Tree and Green Space Fund. No later than 60 days after the division has completed the project, the division shall provide proof of all expenses for which it received payment. If the division's demonstrated expenses show that $250 or more of the original payment was not spent, the division shall transfer any remaining amount back to the Tree and Green Space Fund.

2. Payment to Private Groups.
If a project has been approved by the County Commission, no later than 60 days after completion of the project, the private group must submit a request for reimbursement from the Tree and Green Space Fund. In order to receive reimbursement from the Tree and Green Space Fund, the private group must provide proof of all expenses for which it seeks reimbursement. Reimbursement from the Tree and Green Space Fund may be less than, but shall not exceed, the amount originally approved by the County Commission.

Summary of Tree Banking in Metro Atlanta Tree Protection Ordinances

County
Ordinance
Tree
Banking
Definition
Off-Site
Planting
Contribute
Dollars
Formula
Fund
Administration
Gwinnett
no
no
no
no
no
no
Fulton
yes
yes
yes
no
no
no
Rockdale
yes
no
yes
yes
no
no
Roswell
yes
yes
yes
yes
yes
yes
DeKalb
(proposed)
yes
yes
no
yes
yes
yes
DeKalb
(current)
yes
no
yes
no
no
no
Cobb
yes
no
yes
yes
yes
yes
Decatur
yes
no
yes
no
no
no

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