Berkeley Lake set to toughen tree law

After years of fine-tuning, Berkeley Lake is expected to tighten the ordinance again to preserve and strengthen the city's environmental heritage. The City Council is set to take up the matter Thursday night.

The amended ordinance would better protect existing trees, particularly hardy ones such as oaks and beeches, over seedlings. It also would require homeowners to fill out a formal application for a permit to chop down trees 3 inches or larger in diameter.

Like before, approval would hinge on properties meeting the city's tree density requirement, a formula based on tree diameters per acre.

"The main thing is, we want to be a little more focused on removal of larger trees," Mayor Pro Tem Rebecca Spitler said. "In the past, if you removed a larger tree, you could then just put in a bunch of smaller trees. The problem is ... you're not getting the same benefit."

A recent report inventoried 1,006 street trees in the city. Those trees provide $5,000 in annual energy savings for residents and intercept 1.2 million gallons of rainfall a year, according to the report. The most common species are the tulip tree, dogwood and loblolly pine.

Gene Rodgers, the city's ordinance enforcement officer, estimates he issues about 10 tree-cutting permits a month. But each year, he'll have one or two cases of homeowners bypassing the system -- with stiff consequences.

"They can be cited and hauled off to municipal court, where they can be fined," Rodgers said. "A lot of times people take trees down because they're under the impression it's their land, their lot."

That's the concern of Randy Kirkus. The nine-year resident supports tree preservation, but not a loss of property rights.

"To be told I can't cut a tree down on my own property is too much government intervention," he said. "Fundamentally, I support the ordinance, but I don't want it to go so far that it becomes onerous."

Of the 686 communities  in Georgia, at least 35 counties and 146 cities have tree ordinances, according to a 2006 survey conducted by the Georgia Urban Forest Council. The study showed that population growth, loss of tree canopy and desire to be a Tree City USA drove many communities to develop and adopt tree ordinances, some of which date 30-plus years.

Consulting urban forester Connie Head said many communities are looking to strengthen their tree ordinances, not just to protect the aesthetic value of trees but to cut down on cooling costs and impervious surfaces.

"Everybody is looking at trees and their functions, instead of just trees as beautiful," said Head, who helps communities statewide with tree management.

Some cities, such as Sandy Springs, have modified their ordinances to ensure a percentage of tree canopy cover, measured by aerial photos taken every three to five years. Michael Barnett, the city's chief arborist, said Sandy Springs requires 30 percent tree canopy cover for residential property and 40 percent for commercial.

"Canopy is easier for people to understand [than tree density]," he said. "When you understand something, you're more willing to comply with it."

Few people in Berkeley Lake deviate from its tree law, city leaders said. After all, the proposed changes arose from public input before the city adopted its 2030 comprehensive plan, a blueprint for future growth.

"The place is like an oasis," said Pete Westafer, a 13-year resident. "A lot of people would assume keeping it that way."

Other Georgia tree facts

Source: 2006 study by the Georgia Urban Forest Council

If you go

What: Berkeley Lake City Council meeting
When: 8 p.m. Thursday
Where: City Hall, 4040 S. Berkeley Lake Road N.W.