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Home My Public Portal About12-0454 TaylorDianne Otto From: Warren Millikan Sent: Tuesday, January 15, 2013 4:53 PM To: Angie Anderson Cc: Dianne Otto Subject: Taylor 2012063090 Angie, I spoke with Dianne Otto (Zoning) reference Freddie Taylor CRN 2012063090. Ms Otto stated that Mr Taylor has satisfied all of his tree mitigation requirements. Ms Otto stated that Mr Taylor's case may be dismissed. I contacted Mr Taylor's attorney (Tom Coleman). I advised Mr Coleman that the case was dismissed. Thanks, Hodad 1 Municode Page 3 of 6 Under the limits and conditions set forth below, trees may be removed from a lot or parcel provided that a minimum density of three trees per each 4,500 square feet of area is maintained. (B) Except as provided in section 7 -060 no significant tree shall be removed from any vacant lot, undeveloped parcel, or public right -of -way within the city. (C) If the siting of a building footprint, the associated driveway, and parking areas require the removal of trees to a density less than that stated in subsection (A) [of this section], the city manager or designated city representative may issue a permit to remove trees to a density below this standard under the following conditions: 1. The applicant must show that, within the applicable setback limitations, no locations for building footprints and driveway /parking exist that comply with the density requirement above. 2. Removal of trees shall be limited to either the fewest number or the least total DBH necessary for siting of the building and the least destructive configuration of driveway /parking. 3. Following construction, trees shall be re- planted on the lot/parcel to establish the minimum density as stated in subsection (A) [of this section]. Such planting shall be in accordance with the standards set forth in section 7 -090 (D) No trees shall be removed from the DNR marsh setback line. Trees in the marsh setback may not be counted as "remaining trees" for mitigation purposes. (Ord. No. 12 -2012, 4 -26 -2012) Sec. 7 -060. - Removal of significant trees. (A) Significant trees may be removed only under the following situations or conditions: 1. Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial, economic use of the property; such showing must demonstrate that there is no feasible alternative that would preserve the tree, and must be made for each significant tree the applicant proposes to remove; 2. For improvements, expansion and /or new construction of infrastructure services, including water /sewer systems and streets, but only if no alternatives are available; and 3. Prior to the issuance of a permit allowing the removal of a significant tree, the zoning administrator shall confirm in writing that one or more of the situations enumerated herein exists. The tree removal permit allowing the removal of significant trees shall require the landowner /permittee to comply with the requirements set forth in sections 7 -070 and 7 -080 and the additional following conditions: 1. Each removed significant tree shall be replaced with one or more trees of like species having an aggregate DBH at least equal to the DBH of the removed tree, and meeting the requirements of section 7 -080; such replacement tree(s) shall be considered to be one tree for the purpose of meeting density requirements established in section 7 -050 (A); the exception to this provision is a dead tree, or a diseased tree that is a danger to or obstructs public safety and welfare or that might infect otherwise healthy trees. 2. Native trees left remaining on the site may be counted as replacement trees according to the mitigation schedule. These trees must be noted on the plat and shall be protected as a tree as defined by section 2 -010 (Ord. No. 12 -2012, 4 -26 -2012) (B) http: / /library.municode. com /print. aspx ?h= &clientlD =14104 &HTMRequest= http %3 a %2f... 10/23/2012 L! fri W C) W ' 13 I e S:x4, Ave. RECEIVED j-10-1,3 13u(O 6 Ave. RECEIVED c---) ti ?te7.5 1 (-)t o • e Ce, (oo■-o C■ COLE, FLEMING & CLARK, P.C. ATTORNEYS AT LAW THOMAS L. COLE ALLISON D. COLE MARGARET K. CLARK JENNIFER OZER MARIE S. FLEMING RET. 2005 December 12, 2012 Freddie Taylor 3105 U.S. Highway 25N Keysville, GA 30816 Dear Mr. Taylor: riEcEmn -Cr 0 ,r, Fr•add: Ql�� 337 COMMERCIAL DR., SUITE 500 SAVANNAH, GEORGIA 31406 TEL (912) 354 -COLE (2653) FAX (912) 354 -8559 TOM @COLE- LAW.COM SE HABLA ESPANOL On December 4, 2012, I met with Diane Otto, Director of planning & zoning for the City of Tybee, Sargeant Millikan and Joe from Park & Tree. They have agreed to dismiss the pending violation and the $5700 fine if you mitigate the tree cutting. You will need to pay to the City $350 as late permit fees. Your deadline for tree planting and verification by Joe from the City is January 22, 2013. The diameter of the trees must exceed 54 ". At the time of the violation, the trees had to be the same species. The new trees may now include palm species. Just to avoid any conflicts, I would probably get pre - approval of the location and types of trees being planted. Please give me a call if you have any questions. ho as L. Cole Attorney at Law Free Consultation 354-COLE (2653) Bankruptcy • Personal Injury • Social Security Disability /SSI • Criminal Defense Real Estate • Corporations • Wills /Probate /Adoptions • Construction Law • General Litigation DATE ISSUED: 08 -16 -2012 WORK DESCRIPTION WORK LOCATION OWNER NAME ADDRESS CITY, ST, ZIP PHONE NUMBER CONTRACTOR NAME ADDRESS CITY STATE ZIP CITY OF TYBEE ISLAND BUILDING PERMIT TREE REMOVAL 1316 SIXTH AVE EDDIE &FREDDIE TAYLOR 1022 N LIBERTY ST WAYNESBORO GA 30830 -1023 706 -554 -6974 EDDIE &FREDDIE TAYLOR 1022 N LIBERTY ST WAYNESBORO GA 30830 -1023 PERMIT #: 120454 FLOOD ZONE BUILDING VALUATION SQUARE FOOTAGE OCCUPANCY TYPE P TOTAL FEES CHARGED $5 1.00 (54" X $50) DOUBLE FEES PLUS $250 FINE PROPERTY IDENTIFICATION # PROJECT VALUATION $ 0.00 TOTAL BALANCE DUE: $5 1.00 4t,0' 1V .° It is understood that if this permit is granted the builder will at all times comply with the zoning, subdivision, flood control, building, fire, soil and sedimentation, wetlands, marshlands protection and shore protection ordinances and codes whether local, state or federal, including all environmental laws and regulations when applicable, subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to hold the City' of Tybee Island harmless on any construction covered by this permit. This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. Signature of Building Inspector or Authorized Agent: Lei.) 60-1& P. 0. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 (912) 786 -4573 - FAX (912) 786 -9539 rr ww.cit oft'bee.org i ,2-0�5t CITY OF TYBEE ISLAND TREE REMOVAL PERMIT APPLICATION Telephone: (912) 786 -4573 • Fax: (912) 786 -9539 Address of Property ` 3 6 Co (.9 .45-1--"" Owner's Name pre cA G(c ",e T t o Applicant's Name S ff Owner's Address 31 OS us .,p-S KII Applicant's Address Owner's Telephone/010 - 5j (, -ortb cmJ &4 & Applicant's Telephone REQUIREMENTS FOR TREE REMOVAL • Must maintain a density of 3 trees per 4,500 square feet. All trees with a 6" diameter at 4.5 feet above ground count toward the density count. • Significant trees may be removed only under certain circumstances and must be replaced inch - for -inch in like species with minimum 2 -inch diameter trees or be otherwise mitigated. (See reverse side for definition.) • By accepting the Tree Removal Permit, the property owner and the applicant agree to comply with all requirements of the Tree Ordinance including mitigation requirements, planting specifications and tree survival requirements. APPLICATION Scaled plot plan showing location, size and species REQUIREMENTS of all trees on the lot which have a diameter of 6 inches or all proposed improvements, and property setbacks. proposed replacement trees. (If replacement is proposed for with the same information notated.) more at 4.5 feet above ground, all existing improvements, Mark all trees proposed for removal. Mark the planting location, size and species for all another parcel of land, a plot plan of that parcel is required Explain the species of tree(s), the reason for removal, and the location Q..Qcy -Ls e ou4 ce ort e ccv of the tree(s) Try G.A._C-tcsL,i ( _+- raj. `orGp-&! I have reviewed the Tybee Island Land Development Code, comply with the provisions thereo dersta/ ree Removal Article 7, Tree Removal Regulations, and hereby agree to Perms - :31i►.tion may require 5 days to process. , ■ ealldliAl , Pate (9— D-4---1--- Owner or Applicant Signature _ ` C ....- Owner or Applicant Printed Name 1!r-C et OW e- L_) TC n lA f City Official Date Permit Fee [ APPROVED Palms Up ,r2 o (SA« x 50 TOTAL Ali igalion Required? YES I I NO MITIGATION PLAN 1775"5 a e LA,- � Aso vJ o r te., eS'ev* � DENIED TREE REMOVAL REGULATION - Permit Not Required • Trees endangering or obstructing public safety and welfare, as determined by the designated city employee. Trimming or pruning, provided it is not to the point of causing permanent damage or de facto removal. In utility rights -of -way by the utility company. Permits Required • Any significant tree: 10 inches or more DBH (diameter at 4.5 feet above ground) of these p kar 12'` oa(� t L 1� 0 r--8c. ✓ species. " G r-- Red cedar Juniperus virginiana Live oak Quercus virginiana Q S Laurel oak, water oak, etc. Quercus sp Magnolia grandiflora Sugarberry Celtis laeirgata Red Bay Persea borbonia Sycamore Liquidamber syraciflora Native hollies Ilex sp. Native maples Acer sp Toothache tree Xanoxylum clava - hercules V Eastern redbud Cercis Canadensis '1 " Devilwood (wild olive) Osmanthus americanus Carolina laurelcherry Prunus caroliniana Carolina willow Salix caroliniana ('2" 1 a" 7 v Tough Bumelia (buckthorn) Bumetia�ltenex Sparkleberry Vaccinium arboretum Palm — numerous scientific names 54 04s Cool' �J e feet. Six inch fines an alm Land clearing or removing trees 6" DBH or larger to a density below 3 trees per 4,500 square palms plus other 6" trees count toward meeting density requirements. Conditions for Receiving Permit to Remove SIGNIFICANT Tree • Removal necessary to make reasonable beneficial, economic use of property; no feasible. alternative determination for each significant tree proposed for removal. • For infrastructure improvement (water /sewer systems, streets, etc.), no alternatives available. • City manager or designees must confirm this in writing. • Each significant tree removed must be replaced inch for inch in the same species. • For each significant tree cut, its replacement trees shall be considered as only one tree for purpose of calculating post removal density. In other words, the replacement must be inch - for -inch, not tree- for -tree. Requirements for Receiving Permit • Must maintain minimum tree density of 3 trees per 4,500 square feet or the pre - removal density if it is less than 3 trees per 4,500 square feet. • Tree survey on sketch /plat showing all trees 6 inches DBH (diameter at 4.5 feet above ground). • Note trees to be removed. 1 2 . , • Note location, size and type of replacement trees. 40 • Subdivisions and site plan reviews show all significant trees plus all drainage and utility structures, water /sewer lines, streets, sidewalks, driveways, final site contours, building footprints and other impacts on significant existing trees. 0 t3" 11 Mitigation Required • When any significant tree is cut. • When tree is cut prior to receiving a permit. Standards for Tree Planting and Replacement • Cut after valid permit: 13'' 9 ''When cutting trees reduces the density below the required 10 minimum of 3 trees per 4,500 square feet. (0f( o Replacement trees must be botanically compatible with local conditions, healthy, disease and pest free, at least 2 inches DBH. o Property owner /permittee may select species of replacement trees from native species list (currently the significant tree list plus pines and locally native palms). o Replacement trees must be planted immediately after construction or in the earliest growing season thereafter. • Cut without permit: o Must replace trees with like species and size to those cut. o If the above is not possible; one 2" replacement tree for each 2" of trees cut shall be selected from the approved species list (currently the significant tree list plus pines and locally native palms). • All moved or replacement trees must survive at least 2 calendar years for full compliance with Code; replanted trees that become unhealthy or die must be removed and replaced during good planting conditions within 1 year. • Off -site planting option: if not possible to replace the removed trees inch - for -inch on site, applicant may: o Plant required trees on city property in location specified by the Zoning Administrator or designee. o Make a monetary donation to Palms Up fund per established fee schedule. Penalties for Removing Trees Without Permit: These penalties are mandatory, not discretionary. • Fine not to exceed $1,000 per tree upon being found guilty of violation. • In addition to the above, required replacement of cut trees in compliance with all above standards for replacement. • When associated with construction, pursuant to a building permit, no Certificate of Occupancy shall be issued until violation is corrected. Appeals: City staff decisions made under the Tree Ordinance may be appealed to the Mayor and Council under established procedures. A44r16' orr e, 12' oak 2, 1 t O rt 3, to" 6■-tsis r 4. '1 h 0'r 6 12 aak a�( )( 5 D #a? 00 SD rr-ry,;-1- 5D X 1 4(00 250 3 0 -3r S��r� f: {dr (O 23/2 12 - -12 4-`) p poP0 cl un4 ;1 2. -44- 12 C (J.)/ Q r^ i o rn C� (G) 114. Ta- Lo r a S res2-S ' 36-3 $ r porivx - i Octn-(- 54 5 S ^ 11 S corw-). J' ro- Q�covr t.sksid, 22 loe -Core. - 'Jet 2 O✓� J 0, • 2:01 . d.ko (-- I4 -(3 dose-d C::(4.- - kd . 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