Comments on: Decatur Releases Final Version of Tree Ordinance and FAQ Prior To Next Tuesday’s Vote

By: DawgFan

DawgFan — Tue, 21 Jan 2014 16:30:05 +0000

How fast roots grow is not the point. Someone should not be able to prevent their neighbor from expanding their home by planting border trees, even if it is 10 or 15 years down the road. Although there may not be an outright prohibition, when you factor in other replanting and tree bank costs (on top of very expensive tree removal costs) and the costs of the bond itself, the total “tree” bill could easily be $20k, which would make the expansion cost prohibitive.

I will use my house as an example. I expanded back a couple of years ago, so I think I am priced out of the teardown market for the foreseeable future. But, I have neighbors who live in unexpanded homes and have school age children. Absent some unforseen circumstance, they won’t leave in the next 10 years until their kids graduate from DHS. But, after that, who knows. So, based on this ordinance, if I was so inclined, I could plant border trees along both common boundary lines to make sure (or at least make it very, very expensive) that neither of my neighbors’ homes could be expanded by the next owner (or developer). That is indefensible (even more so when you consider that I have already expanded). The bundle of rights I purchased doesn’t include control over the neighboring lots.

If you plant a tree on your yard where it might be harmed by your neighbor, you chose to take that risk and only you should have to “guarantee” its survival. If you want to make sure your tree isn’t harmed, plant it right in the middle of your lot.

By: BikeBoy

BikeBoy — Tue, 21 Jan 2014 16:20:29 +0000

“unless your neighbor took 5-10 years to follow through”

Might be why my example used 5 years.

“Any 8′in tree I plant on my border – which would be expensive as heck – would not have a tree root system that reached past your yard set back in one year”

Apparently you’ve never seen how fast a Chinese Empress can grow. I could be in my neighbor’s neighbor’s yard in five years.

“Should I not plant trees on the border just in case my future neighbor might be planning to expand the footprint of their home in 10 years?”

You should plant anything you want anywhere you want. But whatever you choose shouldn’t have any impact on my property, and shouldn’t require me to post a bond to guarantee anything.

By: DEM

DEM — Tue, 21 Jan 2014 16:15:50 +0000

Good one!

It’s a good idea to keep some cheap stuff around for these purposes. When my dad asks for a scotch and soda (shudder) I give him Famous Grouse. The Lagavulin and Highland Park is just for me!

By: Scott

Scott — Tue, 21 Jan 2014 16:08:07 +0000

You can have my stash when you pry it from my cold, drunk hands.

By: Sara

Sara — Tue, 21 Jan 2014 16:00:14 +0000

Logically, your neighbor would not be able to install trees on the border with sufficient time to create a root system that could be damaged by your construction unless your neighbor took 5-10 years to follow through with that planned development. Any 8’in tree I plant on my border – which would be expensive as heck – would not have a tree root system that reached past your yard set back in one year. Should I not plant trees on the border just in case my future neighbor might be planning to expand the footprint of their home in 10 years?

Again, the ordinance does not say you are prohibited from building your addition that complies with the FAR and lot coverage. It states that you must put up a refundable bond to guarantee that your construction methods will not kill your neighbor’s tree.