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Good Afternoon,
After two decades of debate, the City of Atlanta unanimously approved updates to the Tree Protection Ordinance.
Over the years, GAHBA staff and builders have worked tirelessly with CoA and tree advocacy groups to amend a tree ordinance that created a balance between tree preservation, housing affordability, and housing inventory.
As part of the process, GAHBA designated Jim Cheeks (Fortas Homes) to represent the residential construction industry. Jim spent hundreds of hours reviewing the TPO and advocating for GAHBA members. In addition, Kevin Norton (Empire Homes) and Jeff Brock (BrockBuilt Homes) dedicated valuable time to protecting the interests of builders and developers.
Please be sure to thank these GAHBA members for advocating for YOU!
As I stated to the Atlanta City Council yesterday, GAHBA does not consider this a win for the development community. Simply put, the cost to develop will go up, and those costs will be passed on to the homebuyer. On the other hand, the right to remove a tree is still protected in this ordinance.
Below, I've included a few notes on the "big issues."
Significant TPO Changes Include:
- Increase in Recompense Fees:
- Old Recompense Fee: $100 plus $30 per inch. Ex: 6-inch tree removal is about $280.00.
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New Recompense Fee: $140 per inch. Ex. 6-inch tree removal is about $840.00 (200% increase).
- Recompense will be increased each year based on inflation.
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Note: COA originally proposed $240 per inch. This fee was negotiated with the development community.
- Redaction of "Preservation Standards:" A Win for GAHBA.
- Preservation standards would have created unachievable conditions for single-family developers in Atlanta
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Bloom Parham Attorneys sent a "Constitutional Notice" to CoA on behalf of GAHBA and other builder/developers with concerns related to the "preservation standard" language in the original ordinance. See attached.
- Affordable Housing Waivers
- Establishes recompense reductions for single-family based on AMI and % of affordable units designated
- Tree Density Requirements
- Provides minimum tree density requirements for all single-family lots prior to the issuance of a COA.
- Maximum Recompense (for new subdivisions, new lots of record, and vacant lots)
- Additional Staff Positions in the Arborist Division
- Incentivization of planting instead of recompense by offering credit at 1.25 times the number of caliper inches planted.
For additional information, please use the links below:
As always, please reach out to me with any questions you may have.
Thank you,
Garrett
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