AN ORDINANCE TO DELETE AND REPLACE CHAPTER 14,
ARTICLE II,
SECTION 14-39 VEGETATION PROTECTION AND REPLACEMENT) TO
PROVIDE FOR REGULATION OF THE PROTECTION AND PRESERVATION OF
TREES IN CONNECTION WITH LAND DEVELOPMENT IN DEKALB COUNTY
AND FOR OTHER PURPOSES
WHEREAS, the citizens of DeKalb County, Georgia,
enjoy the many benefits that can be directly attributable to trees; and
WHEREAS, proper and sufficient regulation of the preservation and/or
replacement of trees is necessary for the preservation of the public health,
safety, general welfare, -environment and aesthetics of the citizens of
DeKalb County, Georgia; and
WHEREAS, the current vegetation protection and replacement ordinance
of DeKalb County, Chapter 14-39 of the Code of DeKalb County, does not
fully address the need to prevent clear-cutting and substantial grading
of land, and does not adequately facilitate the preservation and/or replacement
of trees as part of land development in the county; and
WHEREAS, the Board of Commissioners of DeKalb County desires to adopt
a new tree protection ordinance which will provide- proper and sufficient
regulation of the removal and/or replacement of trees as part of land development
in DeKalb County, Georgia; and
WHEREAS, the DeKalb County Board of Commissioners has held numerous
meetings, received and considered public comment and-comment from the staff
of various departments within DeKalb County government, and consulted with
experts in the area of tree preservation on the revised ordinance; and
WHEREAS, the ordinance will take effect immediately but will not
effect any portion of a property included within the limits of a valid
and complete application for a landdisturbance permit received prior to
the effective date of
this revis ed ordinance, nor shall it effect development of a
large project where at least 75 percent of the land area of which has already
received a permit or permits initiating clearing and grading activities
prior to the effective date
of this revised ordinance and where the Director of Public Works has
waived requirements of the revised ordinance for the remainder of said
large project; and
WHEREAS, it is in the interest of the health, safety, welfare and aesthetics
of the citizens of DeKalb County,
Georgia, to establish such requirements and regulation in the Code
of DeKalb County regarding removal and/or replacement of trees as part
of land development which will be consistent with the Code of DeKalb County,
the laws of the state of Georgia and the Constitution of both the state
of Georgia and the United States of America; and
WHEREAS, pursuant to the Georgia Constitution, the Official Code of
Georgia and the Code of DeKalb County, the Board of-Commissioners of DeKalb
County has the authority to regulate land use within unincorporated DeKalb
County; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB
COUNTY, GEORGIA, and it is hereby ordained by the authority of same, that
Chapter 14, Article II, Section 14-39 of the DeKalb County Code, shall
be entitled "Tree Protection" and amended to revise the rules governing
the protection and preservation of trees in connection with land development
in DeKalb County:
Part 1. Enactment. Chapter 14, Article II, Section 14-39 is hereby amended
by deleting it in its entirety and replacing it to read as follows:
Sec. 14-39. Tree Protection
(1) The purpose of these standards is to facilitate the preservation
and/or replacement of trees as a part of land development in the county.
(2) The DeKalb County Board of Commissioners hereby finds that
the preservation of existing trees is a public purpose that protects the
public health, safety, general welfare and aesthetics of DeKalb County
and all its citizens.
(3) The citizens of the county and their many communities enjoy
many benefits that can be directly attributed to our trees.
a. Trees produce oxygen, which is essential to the well being of all
animal life, including humans.
b. Trees help to reduce the amounts of airborne pollutants. For example,
trees remove carbon dioxide, that is a major environmental concern due
to its current high levels.
c. Trees and their foliage intercept dust and particulate matter, thereby
helping to purify our air and limiting health risks.
d. Trees and their root systems reduce soil erosion and storm water
runoff. This decreases sedimentation problems and improves water quality.
e. Trees provide food and shelter for desirable urban wildlife.
f. Trees provide screening, which in turns aids in the reduction of
noise and glare.
g. Trees help moderate our air temperature to provide us with a comfortable
environment.
h. Trees provide scenic amenities to soften the harshness of city buildings
and streets. They are aesthetically pleasing to all that view them.
i. Trees may affect property values and can have a positive impact
upon the economy of an area.
j. Trees can enhance the natural functions of streams and related buffers.
(4) Protect
specimen and historical trees in a manner consistent with the DeKalb County
Tree Protection Administrative Standards which shall be promulgated by
the Director. The Director
shall maintain a list and map of these trees in the office of the Director
through the assistance of the
following offices:
a. DeKalb County Board of Education.
b. DeKalb County Extension Service.
c. Fernbank Science Center.
d. DeKalb Chapter, Georgia Conservancy.
e. Georgia Forestry Commission.
(5)Provide standards for the preservation of trees as part of
the land development process.
(6) Prevent clear-cutting and mass grading of land that results
in the loss of mature trees, and to ensure appropriate replanting when
tree loss does occur.
(7) Protect trees during construction to enhance the quality
of life in DeKalb County.
(8) Protect trees in construction of public facilities and utilities.
(b) General Applicability.
(1) The terms and provisions of the Tree Protection Ordinance
shall apply to all real property in DeKalb County except as otherwise provided
in this Section 14-39.
(2) The terms and provisions of the Tree Protection Ordinance
shall further apply to any residential or non-residential
development which requires the issuance of a development permit or
building permit that would require tree removal exempt provided- in this
Section, 14-39
(3) The terms and provisions of the Tree Protection Ordinance
shall also apply to development on any county owned property, including
property owned by county agencies, boards, and authorities, except as otherwise
provided in this Section 14-39.
(c) Exemptions.
(1)
The removal of five (5) or fewer under thirty (30) inches DBH on any single-family
residential property, within a single calendar year . However, no homeowner
can remove trees within two (2) years from the issuance of the certificate
of occupancy for a residence when such trees have been preserved or planted
by the developer or builder in order to meet the tree density requirements
of this ordinance.
(2) Zonings conditioned to a specific site plan prior to the
adoption of the Tree Protection Ordinance on February 9, 1999.
(3) The removal of trees found to be diseased or insect infested
by the County Extension Service, the State Forestry Commission certified
arborist, the County Arborist or urban forester.
(4) Grandfathered projects:
a. Section 14-39 shall not apply to any portion
of a property included within the limits of a valid and complete application
for a land disturbance permit or preliminary plat approval where said application
has proceeded through and completed first round red line review by the
Development Department nor to commercial site plans that have been reviewed
and red lined by the Development Department and which were received by
the Director prior to the effective date of this Section 14-39, provided
that all time constraints relating to the permit issued shall be observed.
b. The requirements of this Section 14-39 may be
waived by the Director for a land disturbance permit which is to proceed
with development of a larger project, at least seventy-five (75) percent
of the land area of which has already received a permit or permits initiating
clearing or grading activities prior to the effective date of this Section
14-39.
c. In-no event shall any grandfathered project be
extended for a greater time period than 12. months from the date of enactment
of this Section 14-39.
d. The Board of Commissioners may grandfather
a project not specifically covered under the foregoing
subsections upon application of a developer or owner of property,
provided that an applicant can demonstrate that: 1) failure
to
grandfather the applicant's project will cause the
applicant substantial economic hardship; 2) the
proposed development activity will not substantially
harm the public health, safety, aesthetics and welfare of the citizens
of DeKalb County; 3) the proposed development activity is otherwise
consistent with all pertinent development standards and is compatible with
surrounding land uses; and 4) applicant has on file with the County on
the effective date of this
ordinance an application for a building permit, land disturbance
permit or preliminary plat review or has submitted construction plans for
Development Department review. Incomplete applications shall not be processed
for hearing before the Board of Commissioners. Any application by
an applicant for whom the Department of Public Works did not have on file
an application for a building permit, land disturbance permit, preliminary
plat review or construction plans on February 9 1999, shall not be processed
for hearing before the Board. Such application shall stand automatically
denied.
e. Upon submission of a written application by the
developer or owner for a hardship waiver to the Director of Public Works
Development, the Board of Commissioners shall, within twenty-one (21) days
of receipt of such application, schedule a public hearing. At said public
hearing, the developer or owner and any other interested parties shall
have the opportunity to be heard with regard to the application, and the
Board of Commissioners shall render its decision either granting, with
or without conditions, or denying the application prior to the succeeding
regularly scheduled meeting of the Board of Commissioners.
(f)In the event a hardship waiver is granted by
the Board the applicant shall be required to comply with the vegetation
protection ordinance in effect immediately prior to February 9, 1999.
(5) The removal of trees from horticultural properties, such
as farms, nurseries or orchards. This exemption shall not include tree
harvesting.
(6) The removal of any tree which has become, or threatens to
become, a danger to human life or property.
(7) Agricultural activities on land zoned R-200.
(8) Approved utility construction within permanent utility easements
(9) Construction, expansion, and operation of county landfills.
(10) Building permits that do not require or authorize land disturbance.
(d) Definitions
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
context clearly indicates a different meaning:
(1) Caliper means the diameter of a tree trunk, applied only to new
or replacement plantings, that is taken six (6) inches above the ground
for up to and including four-inch caliper size, and twelve (12) inches
above the-ground for larger sizes.
(2) Critical Root Zone means an area of root space that is within
a circle circumscribed around the trunk of a healthy tree using a radius
of 1 foot per inch DBH.
(3) County Arborist means the Department of Public Works employee having
the primary responsibilities of administration and enforcement of the Tree
Protection Ordinance. The Arborist shall have a bachelor's degree in Arboriculture
or a related degree, four or more years of experience in the cultivation,
care, and maintenance of trees, and certification by the International
Society of Arboriculture.
(4) DBH (Diameter at breast height) means the diameter of a tree
trunk measured in inches at a height of 4 M feet above -the ground. If
a tree splits into multiple trunks below 4 1/2 feet, then the trunk is
measured at its most narrow point beneath the split.
(5) Development Permit means an official authorization issued
by the Department of Public Works, allowing
defoliage or alteration of the site, or the commencement of construction
activities.
(6) Director means the Director of the Department of Public Works
or the Director's designee.
(7) Protected Zone means all areas of a parcel required to remain
in open space, including all areas required as yard areas buffers, transitional
buffer zones or landscaped areas according to provisions of the DeKalb
County Zoning Ordinance or by conditions of zoning or variance approval.
(8) Significant tree means any existing, healthy, living tree
eight (8) inches DBH or greater in size.
(9) Specimen Tree means any tree which has been determined
to meet the criteria within this Section 14-39 for the determination of
specimen trees.
(10) Transitional buffer zone means a planted buffer area between
two different land use zones which is intended to provide protection between
said land use zones and which meets the criteria for said buffer as specified
in Chapter 27 of the DeKalb County Ordinances.
(11) Tree means any living, self-supporting, woody perennial
plant which has a trunk caliper of two (2) inches measured at a point six
(6) inches above the ground and which normally attains a height of at least
ten (10) feet at maturity usually with one (1) main stem or trunk and many
branches.
(12) Tree Harvesting means the felling, loading, and transporting
of timber products done pursuant to a special exception issued by the Zoning
Board of Appeals.
(13) Tree Save Area means the boundaries of the area or areas
surrounding trees wherein it is essential that they remain undisturbed
in order to prevent damage and loss of trees which are to be retained on
site during the development and building process.
(14) Tree Replacement means the replacement of trees and landscape
plant materials into the minimum required land sc.ape areas, as determined
by the zoning regulations or the Tree Protection Ordinance.
e. Procedures.
(1) Application Requirements
a.
Pre-Application Conference Prior to submission of an application
for development, the applicant is encouraged to meet with the
County Arborist to discuss the Tree Protection Ordinance as it relates
to the applicant's property. The purpose of the pre-application conference
is to clarify the provisions and procedures of the Tree Protection
Ordinance and review applicable standards and guidelines for the
submittal of documents and required tree protection, replacement,
and maintenance measures.
b. Tree Survey
Except as Provided elsewhere in this Section, a tree survey shall be
required as part of any application for a development permit, or. preliminary
subdivision plat. Except as provided elsewhere in this Section all trees
eighteen (18) Inches (DBH) and larger shall be identified. Specimen trees
shall be identified by size,species and location. Trees larger than two
(2)inches (DBH) may be identified and counted for unit-credit on the Tree
Protection Plan. Single lots in platted residential subdivisions
on which the applicant intends to reside may be exempted from the
Tree Survey requirements at the discretion of the Director.
c. In order to satisfy the requirements for a tree survey under this
ordinance builders of individual lots within a development which has been
grandfathered pursuant to the provisions of Section 14-39(c), shall only
be required, as part of any building permit application, to identify trees
eighteen (18) Inches (DBH) and larger. Additionally, said builders shall
identify specimen trees by size species and location and nut demonstrate
that the tree density proposed on site meets the requirements of subsection
(g) Tree Preservation and Replacement Requirements.
A Tree Protection Plan shall be submitted with other permit drawings-as
part of the development permits process. This plan may either be a separate
drawing, or part of a landscape plan, and shall include the following information-:
a. Definition of spatial limits:
1.Limits of land disturbance, clearing, grading, and trenching;
2. Tree save areas;
3. Specimen trees; and
4. Areas of revegetation-
b. Detailed drawings of tree protection measures and their location:
1 Location, species and size (DBH) of existing significant trees
and an indication of which significant trees would remain on the
site.
2. Tree fences;
3. Erosion control fences;
4. Tree protection signs;
5. Tree wells;
6. Aeration systems;
7. Transplanting specifications;
8. Staking specifications; and
9. 0ther applicable drawings as determined by the Director.
c. The Tree Protection Plan shall show all utility lines existing and proposed, including irrigation .and electric lighting lines. The developer shall coordinate the location of these utility lines with the utility companies in order to prevent root damage within the critical root zones of protected tree s, and to minimize damage to trees located in protected zones.
d. Procedures and schedules for the implementation, installation, and maintenance of tree protection measures.
e . Calculations of tree density proposed on site per, subsection (g)Tree Preservation and Replacement Requirements.
f. Tree
Protection Inspection
Following the receipt of a complete application, the County Arborist
shall schedule and conduct an
inspection of the proposed development site. The applicant
or applicant's designee shall be advised
as to the date and time of the inspection and given aft opportunity
to participate.
g. Following inspection said plans shall be reviewed by the Director for conformance with applicable zoning conditions, the Tree Protection Ordinance, and any applicable administrative guidelines, and will either be approved or denied. Reasons for denial shall be noted on the Tree Protection Plan or otherwise stated in writing.
h. No development or building permit shall be issued until the Tree Protection Plan has been approved by the County Arborist.
i. All tree protection measures shall be installed prior to land disturbance.
j. Single lots in platted residential subdivisions on which the applicant intends to reside may be exempted from the Tree Protection Plan requirements at the discretion of the Director.
(3) Final Inspection. No certificate
of occupancy shall be issued by the Director with respect to any
permit
subject to this Section 14-39 unless and until the County
Arborist shall have inspected the site and
confirmed that all existing trees to remain are in healthy-condition
and all replacement trees have been
planned in accordance with this Section.
(4) Issuance of a building or land development permit shall
be conditioned on the approved Tree Protection Plan and
conformance to the provisions of these regulations. Any
permit may be voided if its terms are violated.
(f) Fees. (Reserved)
(g) Tree -Preservation and Replacement Requirements.
The following tree preservation and replacement requirements are hereby established:
(1) If significant trees exist on a tract of land for which a
permit subject to this Section is sought, either 120
inches (DBH) per acre or 25% of existing significant trees
per acre of such significant trees, whichever is
less, shall be preserved on the site. Trees and tree save
* areas counting toward this requirement shall not
be located in required buffer zones.
(2) Each-residential lot shall have a minimum number of existing or replacement trees determined by the zoning district in which the property is located, as provided in Chart 1.
CHART 1: Minimum Number of Trees on Each Residential Lot
Zoning District Minimum Trees - total of existing and
replacement trees on each lot:
R-200 28
R-150 19
R- 3 0,-0,00 13
R-20,000 13
R-100
R-85 and R-CH
R-75 9
7
6
R-AS 5
R- 5'0 5
R-A8 5
RDT 7
Residential lots built in zoning districts other than those shown shall provide the number of trees equivalent to the minimum required in the zoning district with standards that most nearly correspond to the standards to which they are built or proposed to be built.
(3) The applicant shall landscape the areas with trees and other plant materials in accordance with the following standards:
a. Residential developments: All residential subdivisions shall have an average density of 15 density units per acre. Required trees may be located on individual lots or in subdivisions in which there is commonly owned property may be located on such commonly owned property.
b. Non-residential and multifamily developments: The quantity Of total existing/replacement trees on site must be sufficient so as to produce a total site density factor of no less than thirty (30) density units per acre.
C. The total tree density units required for a parcel or lot shall be computed based on the area of parcel or lot, excluding all area within the 100year floodplain.
(4) Procedures for calculating the required tree density are provided in Charts 2, 3 and 4 of this Section 1439- Tree unit values are assigned as follows:
CHART 2
Conversion From Diameter To Density Factor Units For Existing Deciduous
Trees To Remain On Site
DBH UNITS DBH UNITS DBH UNITS
2 to 3 .8 2S 6.8 38 is.8
4 to 6 1~6 26 7.4 39 16.6
7 to 9 2.4 27 8.0 40 17.4
10 to 12 3.2 28 8.6 41 18.4
13 to 1S 4.0 29 9.2 42 19.2
16 to 18 4.8 30 9.8 43 20.2
19 to 21 S.4 31 10.4 44 21.2
22 to 24 6. 0 32 11.2 45 22.0
33 11.8 46 23.0
34 12.6 47 24.0
35 13.4 48 25.2
36 14.2 49 26.2
37 15.0 50 27.2
Chart 3.
Conversion From Diameter To Density Factor Units For
Evergreens And Conifers
DBH
2 to 9 .2 less unit than deciduous
trees
10 to 15 .1 less unit than deciduous
trees
All others Same as deciduous trees
Chart 4.
Conversion From Caliper Diameter To Density Factor Units For Deciduous
Replacement Trees.
Caliper inches UNITS
0.0 to 0.9 Not allowed
1.0 to 1.9 no replants under 2 caliper inches Not allowed
2.0 to 2.9 .4
3.0 to 3.9- .5
4.0 to 4.9 .7
5.0 to 5.9 .8
6.0 to 6.9 1.0
7.0 to 7.5 1.1
8.0 to 8.9 1.2
9.0 to 9.9 1.3
10.0 to 10.9 1.5
11.0 to 11.9- 1.6
12 inches or greater 2.0
Containers-
grown pine trees are given replacement value as follows:
Size Units
7 gallon .05
The use of one and three gallon pines will be permitted only with prior approval. There will be no replacement value given for such trees.
(5) Nothing in these regulations shall be construed to allow the removal of any tree or vegetation in a required stream buffer, transitional buffer zone, or undisturbed buffer except buffer improvements as authorized by the Director.
(6) Tree relocation and credit for existing trees Replacement units will be granted to trees relocated on site. Tree relocation is subject to approval of the County Arborist. Existing trees between two (2) caliper inches and seven-point-nine (7.9) caliper inches may be used for credit on the tree replacement plan.
(7) Understory Vegetation
Tree preservation areas shall leave intact the naturally occurring groundcover and understory vegetation except where directed otherwise by the County Arborist in order to allow the removal of undesireable groundcover or understory vegetation.
a. Specimen trees shall be identified by the County Arborist, and shall be located on the Tree Protection Plan.
b. Standards for the identification, preservation, and protection of specimen trees shall be as follows:
Any tree-in fair or better condition which equals or exceeds the following diameter sizes:
i. ' Large hardwoods, i.e. oaks, hickories, yellow poplars, etc.: 30 inches DBH.
ii.- Large softwoods, e.g. pines, evergreens, etc.: 30 inches DBH.
iii. Small trees, e.g. dogwoods, redbuds, sourwoods, etc.: 10 inches DBH.
A tree infair or better condition should meet the following minimum standards:
i. A life expectancy of greater than 15 years.
ii. A relatively sound and solid trunk with no extensive decay or hollow, and less than 20 percent radial trunk dieback.
iii. No major insect or pathological problem.
A lesser-sized tree can be considered a specimen if:
i. It is a rare or unusual species or of historical significance.
ii. It is specifically used by a builder, developer, or design professional as a focal point in a project or landscape.
iii. It is a tree with exceptional aesthetic quality.
c.The County Arborist may identify and require the preservation of a tree stand if it contains one or more specimen trees and the specimen trees are interlocked with other members of the stand in such a way as to imperil the specimen tree if other members of the stand were to be removed.
d. It shall be prohibited to cut specimen trees -existing on a tract of land that is the subject of a development permit or building permit without a special exception granted by the Zoning Board of Appeals if removal of the specimen tree has not been-approved by the County Arborist.
e. Any specimen tree removed from a parcel shall be replaced by 1.5 times the equivalent tree density using species with potentials for comparable size and quality at maturity.
(9) Protection of Trees During Construction
Methods and standards for tree protection shall be establish-ed in administrative guidelines to this Section 14-39.
a. Trees identified to be preserved and counted as credit for meeting required unit density shall have four (4) foot orange tree protection fencing installed at the critical root zones.
b. No person engaged in the construction of any structure(s) or improvement(s) or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six (6) feet of the area outside the critical root zone, as defined herein, of any existing significant tree 'within a tree save area, transitional or undisturbed buffer zone.
c. All tree protection devices must remain in functioning condition until completion of the project or until the Certificate of Occupancy is issued.
d. Any tree, designated in the plan to be saved, which is negligently damaged during construction or as a result of negligent construction, as determined by the Arborist, shall be treated according to accepted National Arborists Association Standards. If fatally damaged, trees shall he replaced with six (6) inch caliper trees equal to the unit value of the tree removed. However, any specimen tree negligently damaged as described above shall be replaced with trees equal to two (2) times the unit value of the tree removed or damaged.
(10) Removal of Trees from Floodplain not Permitted.
Trees-shall not be cut or removed from the floodplain, except as follows:
a. Those trees found to be diseased or insect infested by the County Extension Service, the Georgia Forestry Commission, a certified arborist, or a certified forester.
b. As necessary for construction, repair or maintenance of public roads, utilities or drainage structures.
c. As part of an approved wetland mitigation plan.
d. Trees in 100-year floodplain or required stream buffer may not be cut nor shall they be counted to accomplish requirements of the Tree Protection Ordinance.
(11) The county Arborist shall be responsible for distribution of appropriate public educational materials concerning the procedures of the Tree Protection Ordinance, the value of maintaining existing trees, and proper methods of tree planting, preservation, and care.
(h) Tree Replacement Standards.
(1) The Tree Protection Plan shall include planting schedules with proposed tree names (botanical and common), quantity, size spacing, and any special planting notes. Trees used for credit on the tree replacement plan must be chosen from the preferred list attached hereto as Appendix A. At least 50% of replacement trees must be overstory trees; no more than 25% may be of any single species, and no more than 25% may be of evergreen species.
(2) Unless otherwise approved by the County Arborist, trees selected for replanting must meet the minimum standards as-provided in the American Standard for Nursery Stock (ANSI Z60.1, 1980) and must be on the Tree Species Selection List found in the Appendix A to this Section 14-39. Trees selected must be free of injury, pests, disease, nutritional disorders or root defects, and must be in good vigor to assure a reasonable expectation of survival. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Planting Manual or a similar publication.
(3) It is desirable that replanted trees be ecologically compatible with the site and neighboring sites. When practical, the replanted trees shall be of the same or similar species as those removed.
(4) Replacement trees shall be planted in manner that provides adequate space for nourishment, light, and maturation as recommended by the County Arborist.
(5) Planting and staking details are addressed in the administrative guidelines and shall be specified in the required Tree Protection Plan.
(i) Buffers.
(1) Stream Buffers
Undisturbed," natural buffers not less than 25 feet in width shall be provided and maintained unless a buffer of greater width is otherwise required in this Chapter.
(2) Land Use Transition Buffers
Buffers shall be provided between dissimilar districts or uses in accordance with the provisions of the Zoning ordinance or as a condition of zoning, special land use permit or variance approval.
a. Buffer planting shall meet the minimum width requirements contained in Chapter 27 of the DeKalb County Code of Ordinances, except as authorized to be reduced by a condition of zoning, special land use permit or variance approval.
b. Disturbance or Encroachments
1. Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance facilities, and any associated easements, shall not encroach into a buffer except that necessary access and utility crossings (e.g. stormwater or sanitary sewer pipes) may encroach into the buffer as near to perpendicular as practical.
2. Supplemental plantings or replantings of vegetation or authorized non-vegetative screening devices shall be authorized to encroach into a buffer provided there is minimal disturbance of -any existing vegetation.
3.Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance occurs. Vegetation thus removed shall be replaced where necessary to meet the screening requirements contained herein.
c. Protection During Land Disturbing Activities
1.During authorized land disturbing activities, buffers-shall be clearly demarcated and protected prior to commencement of, and during, construction.
2-The method of demarcation and protection utilized shall be in accordance with best management practices or as required by the Arborist.
Parking Lot Landscaping.
Off-street parking lots which contain more than twenty (20) off-street parking spaces on any single lot shall contain landscaping and plantings as provided in Chapter 27 of the DeKalb County Code of ordinances.
(2)Variances to reduce required parking spaces may be granted by the Zoning Board of Appeals when necessary to preserve a significant tree(s) that otherwise would be lost if the parking requirements were strictly applied. Such variance may only be granted if the Arborist certifies to the Zoning Board of Appeals that such tree(s) will be lost either by necessary removal for construction of the parking lot or as a consequence of construction having an adverse impact on the survivability of the tree by virtue of damage to the root system of the tree(s).
(3) Any variance granted under the provisions of this section shall
include a condition that should the
subject tree(s) die as a consequence, direct or indirect, of
construction, despite granting of the variance, the tree or trees shall
be replaced at the property owner's or applicant's expense, in accordance
with a tree replacement plan approved by the Arborist.
(4) The maximum variance allowed under this provision shall be
four parking spaces, or ten percent of the total
number of parking spaces required by the Zoning Ordinance,
whichever is greater.
(k) Street Trees.
Street trees and continuous landscape strips shall be provided, in conformance with the design requirements specified in Section Chapter 27 of the DeKalb County Code of Ordinances, along newly constructed streets, and along existing streets which are widened or realigned subsequent to the adoption of this ordinance, in all office, commercial, and industrial developments and along newly constructed streets of residential developments with a net residential density exceeding three (3) dwelling units per acre or as otherwise directed by conditions of zoning or special land use permits.
Trees which are used to meet the density requirements for this Section 14-39, except on single family residential lots, shall be maintained for two (2) years after the date of final inspection. The property owner shall maintain required tree density. The developer or builder will be responsible for identifying newly planted trees to the homeowner and to inform the homeowner as to their proper maintenance.
(m) Alternative Compliance.
Where the County Arborist has determined that special constraints-of a site result in an absolute inability to provide the required tree density, the number of trees will be determined by the County Arborist based on site review. Such site review shall require the developer to re-landscape each parcel using a density calculated as the maximum number of trees that can be sustained on the parcel less the impervious area of that parcel. The balance of trees shall be provided in common areas. If common areas are not sufficient, any remaining balance of trees may be provided for plantings on public grounds. Tree bank arrangements can be made through the Director. The minimum size of trees replanted through the Tree Bank shall be two (2) caliper inches and shall be planted in accordance with the species list attached as Appendix A hereto and in accordance with the requirements in subsection (h) Tree Replacement Standards.
(n) Tree Harvesting.
Selective tree harvesting may be permitted upon authorization by the Zoning Board of Appeals in consultation with the Arborist. Permits authorizing tree harvesting shall be in accordance with the following standards:
(1) A 75 foot undisturbed buffer shall be provided and maintained along the entire perimeter of the property, including road frontages, during the land disturbing activity, except for authorized access crossings.
(2) Notwithstanding the other provisions of this Section, no property owner shall be required to preserve an undisturbed buffer that covers more than twenty-five (25) percent of the total land area of the property, excluding area inside the 100-year floodplain. In any such case, an alternative buffer width shall be provided, as determined by the Zoning Board of Appeals pursuant to its review of the application for a tree harvesting permit.
(3) The property shall be required to meet a tree density standard of 30 units per acre, not including the seventy-five (75)foot buffer, upon completion of authorized land disturbing activities.
(4) The owner/developer shall utilize the recommended Best Management Practices as established by the Georgia Forestry Commission.
(5) No t ree harvesting shall be allowed within the County except after approval of a Special Exception by the Zoning Board of Appeals as is provided in Division 205 of Chapter 27 of the DeKalb County Code of Ordinances. Further, subsequent to such approval of a Special Exception, no such tree harvesting shall be undertaken on any nonresidential parcel of land unless the transitional buffer zones required by the zoning regulations of the district in which located, are preserved in a natural and undisturbed state.
(6) Once tree harvesting takes place in conformity with the above regulations, no development of the property shall be permitted that would require the cutting of trees preserved under subsection (n)(3) and (n)(5)for a period of five (5) years following authorization of tree harvesting.
(o) Utility Company and Public Works Guidelines.
(1) All utility companies shall be required to obtain an annual permit issued by the Director of Public Works. All applications for an annual permit shall include a list. of sub-contractors with names, addresses, and County business license numbers.
(2) Periodic work schedules are to be submitted to the Arborist showing the proposed location and extent of tree work to be performed.
a. All tree trimming and pruning to be performed by public utilities, public agencies, and their subcontractors on trees growing on private or public rights-of-way shall be done according to the National Arborist Association Standards for Pruning of Shade Trees.
b. The routing of public and private utility easements shall be subject to review and comment by the County Arborist.
It shall be the duty of the Director to enforce this Tree Protection
Ordinance. The Director shall have the authority to, and the County Arborist
may recommend that, the Director revoke, suspend or void any development
permit or building permit or suspend all work on a site or portion thereof
in order to effect compliance with this Ordinance.
(1) Violation and Penalty.
Any person, firm or corporation violating any of the provisions of this Section, after having been first issued a warning, shall be deemed guilty of an offense and upon conviction in recorder's court shall be punished as is provided in Section 1-10 of the Code of DeKalb County. Each tree removed or killed in violation of this Section 14-39 shall be considered a separate offense. The owner of any buildings or premises or parts thereof, where anything in violation of this Section exists, and any architect, builder, contractor or any other agent of the owner, or any tenant, who commits or assists in the commission of any violation, shall be guilty of a separate offense.
(2) Any trees eight inches (DBH) and over which have been removed in
violation of this ordinance shall be replaced
by the violator with six (6) inch caliper replacement trees equal to the
unit value of the trees removed. Specimen trees
will be replaced with six (6) inch caliper trees equal to twice
the unit value of the trees removed.
(3) Additional legal remedies.
In addition to all other actions and penalties authorized in this Section, the Department of Law is hereby authorized to institute injunctive, abatement or any other appropriate judicial. or administrative actions or proceedings to prevent, enjoin, abate, or remove any violations of this Section.*
Power and Duty of the Board to hear appeals of decisions of administrative officials. The Zoning Board of Appeals shall have the power and duty to hear and decide appeals where it is alleged by an aggrieved party that there is error in any final order, requirement, or decision made by the Director based on or made in the enforcement of the Tree Protection Ordinance." All such appeals shall be heard and decided following the notice requirements, criteria and procedural requirements in Chapter 27 of the DeKalb County Code of Ordinances ..
(5) Administrative variances.
Front, side and rear yard setbacks may be reduced by an amount not-to exceed fifty (50 ) percent where it is determined-by the County Arborist to be necessary in order to preserve existing specimen or significant trees. Appropriate conditions to said administrative variances shall be imposed so as to ensure the continued health of said trees following the granting of such variances, including mandatory replacement requirements. Such administrative variances shall be considered and decided consistent with the procedures and criteria contained in Chapter 27 of the DeKalb County Code of Ordinances. Appeals of final decisions regarding administrative variances may be taken as provided in paragraph p (4) above.
(6) Special Exception.
The Zoning Board of Appeals
is authorized to consider requests for Special Exception for the removal
of an
unauthorized specimen tree. All such requests shall be filed, notice
given, and all procedures shall be as is
required in the Zoning Ordinance. No such Special Exception for the
unauthorized removal of a specimen tree shall be
granted by the Zoning Board of Appeals unless the applicant has
demonstrated and the Board has found that the property
is not capable of earning a reasonable economic return absent the grant
of the Special Exception. In making this
determination the Board shall consider the following factors:
i value of the trees in question, considering their age, size, health, and significance;
ii. the current level of economic return on the property;
iii. the marketability of the property; and the infeasibility of alternate design or uses. Appeals from final decisions of the Board shall be as provided for in Chapter 27 of the DeKalb County Code of Ordinances.
(Ord. No. 89 -221 § 3, 6-13-89; Ord. No. 91-009, § 1, 4-2591; Ord. No. 92-40, § 8, 12-22-92)
Should any section, subsection, clause, or provision of this Section 14-39 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Section 14-39 in whole or any part thereof other than the part so declared to be invalid.
Part 3. Repeal of Conflicting ordinances.
This Section is the Tree Protection Ordinance of DeKalb County, and all other conflicting ordinances or resolutions are hereby repealed, provided that nothing herein shall be construed as-repealing the conditions of use, operation, or site development accompanying building or development permits issued under previous ordinances or resolutions, provided further that modification or repeal of these past condition's of approval may be accomplished as authorized and provided by the requirements of this Section.
Part 4. Effective Date.
This Section 14-39 shall become effective upon its adoption by the Board of Commissioners and approval by the Chief Executive Officer.
TREE PRESERVATION ORDINANCE
ADOPTED by the DeKalb County Board of Commissioners
this day of 1999.
PORTER SANFORD, III
Presiding Officer
Board of Commissioners
DeKalb County, Georgia
APPROVED by the Chief Executive Officer of DeKalb
County, Georgia, this day of 1999.
LIANE LEVITAN
Chief Executive Officer
DeKalb County, Georgia
ATTEST:
MICHAEL J. BELL, Ex-Officio Clerk
Of the Chief Executive Officer and
Board of Commissioners
DeKalb County, Georgia
APPROVED AS TO FORM:
JONATHAN WEINTRAUB
County Attorney
0:\LDUNLAVY\ZONING\TREES\TREEREV2.doC
24
DeKalb County Overstory Trees Acceptable for Replanting Credits
Botanical Name Common Name Leaf Habft Note
Betula nigra Riverbirch Deciduous
Carya aquatica Water Hickory Deciduous 1
Carya cordiformis Bittemut Hickory Deciduous
Carya glabra Pignut Hickory Deciduous
Carya illinoensis Pecan Deciduous
Carya tomentosa Mockernut Hickory Deciduous
Fagus grandifolia American Beech Deciduous'
Fra)dnus americana White Ash Deciduous
Fraxinus pennsylvanica Green Ash Deciduous 1
Juglans nigra Black Walnut Deciduous
Juniperus virginiana Red Cedar Evergreen
Liquidambar styraciflua Sweetgum Deciduous
Liriodendron tulipifera Tulip Poplar Deciduous
Magnolia grandiflora Southern Magnolia Evergreen
Nyssa sylvatica Black Gum Deciduous
Pinus echinata Shortleaf Pine Evergreen
Pinus ellioftii Slash Pine Evergreen
Pinus palustris Longleaf Pine Evergreen
Pinus taeda Loblolly Pine Evergreen
Platanus occidentalis Sycamore Deciduous 1
Quercus, alba White Oak Deciduous
Quercus coccinea Scarlet Oak Deciduous
Quercus falcata Southern Red Oak Deciduous
Quercus lyrata Overcup Oak Deciduous
Quercus laurifolia Laurel Oak Deciduous
Quercus, michauyji Swamp Chestnut Oak Deciduous
Quercus nigra Water Oak Deciduous
Quercus, phellos Willow Oak Deciduous
Quercus prinus Chestnut Oak Deciduous
Quercus rubra Northern Red Oak Deciduous
Quercus shumardii Shumard Red Oak Deciduous 1
Quercus stellata Post Oak Deciduous
1 - Suitable for Wetland Planting Only
Appendix "A" Page 1
DeKalb County Overstory Trees Acceptable for Replanting Credits
Quercus velutina Black Oak Deciduous
Robinia pseudoacacia Black Locust Deciduous
Ulmus americana American Elm Deciduous
Ulmus rubra Slippery Elm Deciduous 1
1 - Suitable for Wetland Planting Only
A13134EMICHX 1 ',A! 1 Page 2
DeKalb County
Understory Trees Acceptable for Replanting Credits
Botanical Name Common Name Leaf Habit Note
Acer leucoderme Chalk Maple Deciduous
Acer rubrum Red Maple Deciduous
Alnus serrulata Common Alder Deciduous
Amelanchier arborea Serviceberry Deciduous
Amelanchier canadensis Shadblow Serviceberry Deciduous
Aralia spinosa Devils Walking Stick Deciduous
Asculus pavia Red Buckeye Deciduous
Carpinus carolina Ironwood Deciduous
Castanea pumila Chinquapin Deciduous
Cedrus deodara Deodar Cedar Evergreen
Celtis georgiana Georgi Hackberry Deciduous
Celtis laevigata Sugar erry Deciduous
Cercis canadensis Redbud Deciduous
Cornus florida Flowering Dogwood Deciduous
Crataegus aestivalis May Haw Deciduous
Crataegus marshallii Parsely Hawthorn Deciduous
DiosMos virginiana Persimmon Deciduous
Fra)dnus caroliniana Carolina Ash Deciduous
Fra)dnus profunda Pumpkin Ash Deciduous
Halesia carolina Carolina Silverbell Deciduous
Halesia diptera Two Winged Silverbell Deciduous
Hamamelis viMiniana Witch Hazel Deciduous
Ilex decidua Possumhaw Deciduous
Ilex opaca American Holly Evergreen
Ilex vomitoria Yaupon Holly Evergreen
Magnolia acuminata Cucumbertree Deciduous
Magnolia tripetala Umbrella Magnolia Deciduous
Magnolia virginiana Sweet Bay Magnolia EveMreen
Malus angustifolia Southern Crab Apple Deciduous
Morus rubra Red Mulberry Deciduous
-Myrica cerifera Wax Myrtle Evergreen_
Osmanthus americanus Devil Wood Evergreen
1 - Suitable for Wetland Planting Only
Appendix "A' I Page 3
DeKalb County
Understory Trees Acceptable for Replanting Credits
Ostrya virginiana Eastern Ho hombeam Deciduous
Oxydendrum arboreurn Sourwood Deciduous
Populus deltoides Eastern Cottonwood Deciduous
Prunus amencana Plum Deciduous
Prunus serotina Black Cherry Deciduous
Prunus umbellata Hog Plum Deciduous
Rhamnus caroliniana Carolina Buckthorn Deciduous
Rhus copallina Winged Sumac Deciduous
Rhus glabra Smooth Sumac Deciduous
Sambucus canadensis Elderbeqy Deciduous
Sassafras albidurn Sassafras Deciduous
Styrax americanus American Snowbell Deciduous
Symplocos tinctoria Horse-sugar Deciduous
Ulmus alata Winged Elm Deciduous
Vaccinium arboreurn Sparkleberry Evergreen
1 - Suitable for Wetland Planting Only
Appendix 1 W ' Page 4
DeKalb County Overstory Trees Acceptable for Replanting Credits
Botanical Name Common Name Leaf Habit Note
Betula nigra Riverbirch Deciduous
Carya aquatica Water Hickory Deciduous
Carya cordiformis Bitternut Hickory Deciduous
Carya qlabra Pignut Hickory Deciduous
Carya illinoensis Pecan Deciduous
Carya tomentosa Mockernut Hickory Deciduous
Faqus grandifolia American Beech Deciduous
Fraxinus; americana White Ash Deciduous
Fra)dnus pennsylvanica Green Ash Deciduous
Juglans nigra Black Walnut Deciduous
Juniperus, virginiana Red Cedar Evergreen
Liquidambar styraciflua Sweetgum Deciduous
Liriodendron tulipifera Tulip Poplar Deciduous
Magnolia grandiflora Southern Magnolia Evergreen
Nyssa sylvatica Black Gum Deciduous
Pinus echinata Shortleaf Pine Evergreen
Pinus, ellioftii Slash Pine Evergreen
Pinus, palustris, Longleaf Pine Evergreen
Pinus taeda Loblolly Pine Evergreen
Platanus occidentalis Sycamore Deciduous I
Quercus alba White Oak Deciduous
Quercus coccinea Scarlet Oak Deciduous
Quercus falcata Southern Red Oak Deciduous
Quercus lyrata Overcup Oak Deciduous
Quercus laurifolia Laurel Oak Deciduous
Quercus michauxii Swamp Chestnut Oak Deciduous
Quercus, nigra Water Oak Deciduous
Quercus, phellos Willow Oak Deciduous
Quercus, prinus Chestnut Oak Deciduous
Quercus, rubra Northern Red Oak Deciduous
Quercus shumardii Shurnard Red Oak Deciduous 1
Quercus stellata Post Oak Deciduous
1 - Suitable for Wetland Planting Only
Appmdix "A" Page 1