(a)

The provisions of this section shall apply to any activity that requires the issuance of a land development or building permit.

(b)

For new development projects that contain more than one building site or lot, such as a subdivision, tree ordinance requirements apply to the entire site and to each individual lot.

(c)

Exemptions. The following activities are exempt from permitting:

(1)

Activities on existing single-family and duplex residential properties when there is an existing structure on the property, unless the activity expands the footprint of the structure. If the property is vacant, this exclusion shall not apply.

(2)

Construction or maintenance of public utilities within utility easements.

(3)

Detention ponds and drainage easements.

(4)

Agricultural operations, including land clearing for legitimate agricultural purposes.

(5)

Tree nursery and horticultural operations.

(6)

Forestry operations, including land clearing for legitimate timber harvesting purposes.

(7)

Removal, as recommended by a certified arborist or registered forester, of any tree that has become a public nuisance or danger to human life or property or any tree found to be diseased, hazardous, dying, dead, or infested with insects.

(8)

Activities subject to a building permit where the footprint of the existing building is not being expanded and no land disturbance is being performed.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

The applicant shall provide a development plan demonstrating both responsible canopy preservation and tree replacement inches on sites submitted for development in accordance with this section.

(b)

Any non-single-family residential developments shall provide a minimum of 100 inches per acre. Any single-family residential developments shall provide a minimum of 50 inches per acre. Each of these holds as a requirement whether or not a site had trees prior to development.

(c)

All trees designated for replacement shall be on an inch-for-inch basis. The density may be achieved as follows:

(1)

Counting existing trees (inches measured at DBH) to be preserved with no impact to CRZ.

(2)

Planting new trees (minimum two-inch caliper) for lots that do not meet the required densities as designated herein.

Formula example for a non-single-family residential development:

Acreage x 100 inches = required inches per acre

Example: 3.2 acres x 100 inches = 320 inches required

The minimum required inches per acre shall be calculated and established pursuant to the formula as shown above and calculations shall be in a prominent location on the tree preservation and replacement plan. Street trees and/or parking lot trees planted after the minimum required inches per acre for the site has been satisfied can be counted toward specimen tree recompense.

(3)

Shrubs shall not be given credit.

(Ord. No. 2024-03, § 1, 2-1-2024)

An emphasis of this chapter is the preservation of as many existing trees as possible. Thus, inch-for-inch credit will be given for preserving existing trees.

(1)

All trees to be counted toward meeting the required tree density requirements shall be inventoried. Existing tree inventory information (caliper at DBH and genus) shall be shown on the tree protection plan and must be provided by an ISA certified arborist, forester, surveyor, or landscape architect along with a statement that the provider conducted the inventory in the field. If the plan is unclear, tree survey shall be required.

(2)

To aid preservation efforts, applicants shall have the option of moving existing trees to prevent their damage or destruction by development activities. To receive credit for transplanted trees, the following standards shall be adhered to:

a.

Trees shall be less than ten inches caliper measured six inches above grade;

b.

Trees shall remain within the planting areas of the parcel;

c.

Trees shall not be moved to or from stream buffers or wetlands.

(3)

Tree protection areas for subdivisions shall be located in common areas, or in buffers required to be undisturbed by zoning or other regulations, or within building setbacks. If tree protection areas must be located on individual lots, the lots shall be of sufficient size to reasonably expect the trees to be preserved at the completion of the building process.

(4)

Every lot in a subdivision shall have trees, either preserved or planted for which an LDP is obtained after the adoption of this chapter. These trees may be counted as part of the required 100 inches per acre for the development. All planted trees shall be a minimum of two caliper inches and shall be shown on the required House Location Plan (HLP). This requirement shall apply to the developer or homebuilder, whoever is the responsible party at the issuance of the certificate of occupancy for the individual lot.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

A specimen tree is any tree which qualifies for special consideration for preservation due to its size, type, and condition. The following criteria are used by the city to identify specimen trees. Both the size and condition criteria must be met for a tree to qualify.

(1)

Minimum Size Criteria:

a.

Twenty-four-inch caliper at DBH—Oak, Beech, Ash, Black gum, Sycamore, Hickory, Maple (does not include Silver Maple), Pecan, Walnut, Magnolia (does not include Bigleaf Magnolia), Persimmon, Sourwood, Cedar, Cypress, Redwood.

b.

Thirty-inch caliper at DBH—Tulip Poplar, Sweet Gum, River Birch, Silver Maple.

c.

Ten-inch caliper at DBH—American Holly, Dogwood, Redbud.

(2)

Condition Criteria:

a.

Life expectancy greater than 15 years.

b.

Relatively sound and solid trunk with no extensive decay or significant structural deficiencies.

c.

No more than two major and/or several minor dead limbs (excluding pine for minor limbs).

d.

A radial trunk dieback of no more than 20 percent or a canopy dieback of no more than 30 percent.

(3)

Small trees can be classified as specimen if of a rare or unusual species, of exceptional quality, or socio-historical significance. Small trees may also qualify as specimen if used in a landscape as a focal point of the design. In order to claim this credit, the applicant shall submit a letter from a certified arborist stating that the tree(s) meet these qualifications.

(4)

An arborist report for each specimen tree impacted by a proposed development requiring an LDP shall be submitted to the city to determine whether that tree meets the condition criteria for specimen status. The report must be prepared and signed by a certified arborist or a registered forester. The report shall contain the following information:

a.

Site plan showing an accurate surveyed location of the tree;

b.

Identification/verification of the tree's size, genus and species;

c.

Description of the surrounding site conditions;

d.

Detailed description of the tree's condition; and

e.

Digital photographs to illustrate any defects which would disqualify the tree from specimen status.

(5)

The final determination of specimen tree status will be made by City staff after reviewing the report.

a.

If a specimen tree is to be removed, a plan or written documentation indicating the reason for removal must be submitted to the city.

b.

The removal of any specimen tree impacted by a proposed development shall be mitigated by replacing the removed specimen tree with minimum four caliper inch trees of comparable species on an inch-for- two inch replacement basis.

Example: Twenty-four-inch Oak would require replanting 12 four caliper inch trees [24*2=48 replacement inches required; 48 / 4 = 12 trees]. These recompense trees are in addition to the minimum 100 inches per acre for a particular site.

c.

Any person who removes a specimen tree in violation of this chapter shall be assessed a fine. In regard to specimen trees removed after being designated for preservation on an approved plan, the removed tree must also be replaced on an inch-for-inch basis with tree species with potential for comparable size and quality, regardless of the 100 inches per acre requirement. If a tree is removed without approval and there is no evidence of its condition, size alone shall be the determining factor for replacement. In regard to specimen trees removed on a residential lot that is not currently being developed, the fine shall be paid as referenced; however, there shall be no requirement for replacement of the specimen tree.

(6)

In order to encourage the preservation of specimen trees and the incorporation of these trees into the design of new development projects, the following incentive is offered: Preserved specimen trees shall receive one and one-half (1.5) x inches DBH.

(Ord. No. 2024-03, § 1, 2-1-2024)

Allowing enough space for a tree's root system is a critical factor in tree protection throughout the development process. Disturbance within this critical root zone (CRZ) can directly affect a tree's chances for survival. In order to protect trees, the following standards shall apply:

(a)

Site layout should be designed to accommodate tree protection areas.

(b)

Construction activities shall be arranged to prevent encroachment into tree protection areas. Encroachment of up to 20 percent into the CRZ area of individual preserved trees shall be allowed. Encroachment beyond 20 percent into the CRZ area of individual preserved trees shall be prohibited.

(c)

No disturbance whatsoever shall occur within tree protection areas without prior written approval. Disturbance permitted with approval from the city shall be limited to general maintenance (i.e., removal of dead trees and/or cleaning of underbrush by hand). Use of machinery shall not be allowed within the tree protection area.

(d)

Active protective tree fencing shall be installed along the outer edge of and completely surrounding the CRZs of all specimen trees or stands of trees designated for preservation prior to land disturbance.

(e)

Tree protection fencing shall be minimum four feet high and made of orange laminated plastic netting with wooden posts and rail fencing or other equivalent material as approved by the city.

(f)

All protection zones shall include signage in English and Spanish that identifies the areas as tree protection and preservation zones and include the name and phone number of the developer or designated agent.

(g)

All tree protection fencing shall be installed prior to any clearing, grubbing, or grading and shall be maintained in functioning condition throughout all phases of development and construction.

(h)

Once tree protection areas are established and approved, any changes are subject to review and approval.

(i)

Applicants shall notify any adjacent property owner a minimum of 14 days prior to construction dates (copy of notification to be provided to City for permit file) if visual assessment identifies boundary tree root plates are potentially within the proposed limits of disturbance. Any and all subsequent tree matters shall be a civil matter between the property owner and the applicant.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

The replacement of trees shall occur within the required yards, buffers, open space, parking lots, and landscape areas, as specified in this zoning chapter. The following standards for replacement will be used to evaluate proposed tree planting plans:

(1)

Existing tree coverage, size, and type;

(2)

Number of trees to be removed from the lot or parcel;

(3)

Area to be covered with structures, parking, and driveways;

(4)

Grading plan and drainage requirements; and,

(5)

Character of the site and its environs.

(b)

Replacement trees shall be ecologically compatible with the intended growing site, contribute to the diversity of the urban forest, and add to the aesthetic quality of the city.

(1)

The spacing of replacement trees shall be compatible with spatial site limitations with responsible consideration towards species sizes when mature. Typical spacing for overstory/street trees is 40 feet on center, with no overstory tree being planted less than 25 feet on center from any other tree. Spacing of understory trees and/or trees in parking lots shall be subject to approval of the city and within accepted horticultural standards.

(2)

In the event that existing overhead power lines prohibit the planting of required overstory trees, an appropriate understory tree species may be selected and approved for required inches according to accepted horticultural standards and as approved by the impacted utility.

(c)

Trees selected for planting may be a species from the recommended tree species list. Use of a species not shown on these lists is subject to approval, according to accepted horticultural standards.

(d)

Planting of replacement trees within utility, storm drainage, or sanitary sewer easements is not acceptable, and no credit will be allowed toward the required inches per acre. City staff shall determine whether or not the applicant will be required to install root barriers to prevent future conflicts for trees planted directly adjacent to proposed easements or utility locations.

(e)

Trees and plants selected for planting must meet the minimum requirements as provided in the "American Standard for Nursery Stock" (ANSI Standards latest edition).

(f)

Each development site (parcel) shall contain trees of sufficient number, size, and type to achieve the minimum required tree density, which is determined according to the size of the parcel and is intended to be consistent across uses and underlying zoning categories. Total replacement units shall be gathered by using as diverse a palette of species of trees as possible. However, a minimum of 60 percent of the total replacement units required for any parcel shall be achieved in the form of overstory trees. When fewer than ten (10) trees are shown to be planted on a project, one genus may be specified. When ten to 50 trees are shown, a minimum of three genus of trees are required. When more than 50 trees are shown, a minimum of five genus of trees are required.

(g)

When ten or more trees are to be planted:

(1)

No single genus shall represent more than 30 percent of the required inches per acre.

(2)

Native vegetation shall be used to satisfy the replacement requirements of this chapter to the greatest practical extent.

(h)

Transitional Buffer planting standards are as follows:

(1)

An opaque buffer is a designated area along a property line that is required to be planted for the purpose of screening. Buffers may be required as a condition of zoning or in areas where incompatible land uses exist (i.e., commercial adjacent to residential).

(2)

The opaque buffer shall consist of evergreen plant materials that must form an 70 percent visual barrier within three years and a 100 percent visual barrier within five years. Trees must be minimum five feet height at installation, and shrubs must be minimum 30-inch height at installation.

a.

Existing buffer to remain undisturbed: Sparsely vegetated or previously disturbed portions of this undisturbed, existing buffer must be replanted to comply with the definition above.

b.

Buffer width 20 feet or less: This buffer shall consist of a minimum of one row of evergreen trees and one row of evergreen shrubs.

c.

Buffer width 21 to 35 feet: This buffer shall consist of a minimum of two rows of evergreen trees and one row of evergreen shrubs.

d.

Buffer width greater than 35 feet: This buffer design shall be subject to approval.

(3)

Evergreen trees planted within buffer areas may be counted for inch credit toward the minimum tree replacement requirements. For planted evergreen trees, the following conversions shall apply:

(Ord. No. 2024-03, § 1, 2-1-2024)

If trees to replace removed trees will not fit on the site based on industry accepted spacing requirements, alternative compliance is available by recompense to the City of Acworth Tree Bank Fund or planting the remainder of trees at a location remote from the project site.

(1)

A maximum of 40 percent of the required tree replacement density required by this section may be satisfied through these alternative compliance provisions.

(2)

The amount of the recompense shall be based upon the size of DBH that cannot be planted at the site. Each DBH density unit that cannot be placed on-site shall be replaced or paid in recompense one-for-one in accordance with this section.

(3)

Alternate Site.

a.

Trees to be planted at another location will be planted at alternative sites. Alternative site must be submitted, reviewed, and approved.

b.

Each DBH density unit that cannot be placed on-site shall be replaced one-for-one off-site in accordance with the same provisions for tree replacement on-site.

c.

A tree replacement plan, meeting all applicable standards, shall be reviewed and approved for the alternate planting location.

(4)

Recompense.

a.

The City of Acworth Tree Bank Fund shall be established for the purpose of accepting and tracking funds collected as authorized pursuant to this section. Such funds shall be used for tree plantings in public spaces, to purchase land where either specimen trees are located or where a suitable site exists for parkland, designated wildlife habitats, or for park-related landscaping and maintenance projects, as approved in the annual budgeting process or as directed by mayor and board of aldermen.

b.

If full or partial monetary recompense is to be paid to the City of Social Tree Bank Fund, the applicant shall pay $200.00 per DBH inch to be replaced for non-specimen trees and $400.00 per DBH inch to be replaced for specimen trees.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Application Requirements. Except for exemptions in Section 73-14.1 Applicability, when a person applies for any type of permit that requires removal of existing trees, they shall file an application for a Tree Removal Permit providing the following:

(1)

Type 1 - Minor Development.

a.

Minor Development projects or tree removals not exempted by Section 73-14.1 Applicability and not covered by a Type 2 removal require a detailed sketch showing proposed changes for review and are subject to final approval. In the event that any tree two inches DBH or greater will be impacted or removed during development, the sketch shall contain the required elements of the Tree Survey Plan and Inventory as required in Section 73-14.9 and the Tree Replacement Plan as described in Section 73-14.10. In the event that the site cannot bear replanting of the required density of trees, then the applicant shall comply with the alternate guidelines under in Section 73-14.7 Alternative Compliance.

b.

An application fee.

(2)

Type 2 - Major Development.

a.

A complete Tree Survey and Inventory Plan, as described in Section 73-14.9 Tree Survey and Inventory.

b.

A complete Tree Protection Plan as described in Section 73-14.19 Tree Protection and Replacement Plans.

c.

An application fee.

(b)

No person, firm, organization, public agency, or society shall directly or indirectly destroy or remove any trees situated on property applicable in this section without obtaining a permit as provided herein.

(c)

All tree removal permit activity shall be conducted by a company properly licensed to do business in the State of Georgia carrying a minimum insurance coverage of up to $500,000.00 per incident and general liability that covers the property for up to $2,000,000.00 per incident.

(d)

Permits shall be obtained by making application to the Development Department. The permit fee shall be as fixed from time to time by the mayor and board of aldermen.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

The Tree Survey Plan shall be in the form of a to-scale map or a site plan prepared and sealed by a registered surveyor, certified engineer, or landscape architect noting the location of all specimen trees or stands of trees plus all other trees which will be preserved and counted toward meeting site density requirements. It should also include the following information:

(1)

All specimen trees and their critical root zones shall be labeled and must be shown on the survey and inventoried by size and species. This includes those specimen trees that are to be preserved as well as those proposed for removal.

(2)

The critical root zone of boundary trees that are located on neighboring properties whose critical route zone extends on to applicant's property shall be shown.

(3)

All other trees that are to be counted toward meeting density requirements shall be shown on the survey and inventoried by size and species. Only trees with a DBH measurement of two inches or greater are to be identified as eligible for density compliance. Existing trees less than two inches DBH will not be counted toward the required density.

(4)

Trees that measure less than two inches DBH, and thus can't be counted toward the density requirements, do not have to be counted and shown individually on the plan.

(5)

Sampling methods may be used to determine tree densities for forested areas over five acres. For the purpose of this zoning chapter, a plot sample is defined as an area measuring50 feet by 50 feet, for a minimum size of 2,500 square feet. Sampling areas shall be located within the limits of a tree protection area. The sample must be taken in a portion of the site that is representative of its cover-type. The tree protection plan must delineate all ground cover-types and provide a general description of the types of trees present within the tree protection area (i.e., hardwoods, pine/hardwood mix, etc.).

(6)

Show all areas of proposed land disturbance along with tree protection zones, tree save areas, and buffers with existing trees on the Survey.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Tree Protection Plan—Required documents. A Tree Protection Plan is a detailed plan designed to protect and preserve trees before, during and for a period of two years after construction. This Protection Plan is a separate drawing that must be submitted at the same time as the Tree Survey Plan in order to qualify for a Tree Removal Permit. The Plan shall list the following specifications:

(1)

The identity of the tract of land upon which tree(s) sought to be removed are located.

(2)

The name, address and phone number of the owner of the land and the name, address and phone number of any tenant of the property.

(3)

The type, location and size as measured at the diameter breast height of the tree(s) constituting those to be protected. Only trees designated on the Tree Protection Plan will be counted toward density requirements.

(4)

Locations of all specimen trees and their critical root zones (CRZ's). Indicate those specimen trees proposed for removal or for preservation. Removal of specimen trees is subject to approval. Any specimen tree proposed for removal is to be identified in terms of exact location, size, and species.

(5)

All tree protection zones, natural areas, landscaped areas, buffers, and areas of re-vegetation. Include detailed locations and specifications for active and/or passive tree protection measures. Methods of tree protection should be indicated for all tree protection zones, including tree fencing, erosion control, retaining walls, tunneling for utilities, aeration systems, transplanting, staking, signage, etc.

(6)

Limits of clearing and land disturbance such as grading, trenching, etc., where these disturbances may affect tree protection zones.

(7)

The locations of all existing and proposed utility lines or easements. Include the location for any boring sites for underground utilities.

(8)

Indication of staging areas for parking, material storage, concrete washout, and other areas where tree protection may be affected.

(9)

A delineation of tree save areas in which trees have been inventoried for minimum site DBH calculation.

(10)

Calculations showing compliance with the required minimum site DBH density using existing trees, replacement/recompense trees, and/or alternative compliance methods. Site density compliance shall be demonstrated on both the Tree Protection and the Tree Replacement plans. Existing trees or stands of trees used in determining the minimum site DBH density requirement shall be indicated on the drawings.

(11)

Site area (roads, utility lines, detention ponds, etc.).

(12)

The locations of existing and proposed structures, paving, driveways, land disturbance, cut and fill areas, detention areas, etc.

(13)

Phase lines and/or limits of construction.

(14)

Location and details for all permanent tree protection measures (tree wells, aeration systems, permeable paving, retaining walls, bollards, etc.).

(15)

Additional information as required on a case-by-case basis or as requested.

(b)

Tree Replacement Plan - Standards and vegetation.

(1)

The last part of the Tree Removal Permit is the Tree Replacement Plan. This plan may be included as a part of the Tree Protection Plan or may be submitted as a separate drawing. The Tree Replacement Plan includes the planting schedules along with proposed tree names (botanical and common), quantity, size, spacing and any special planting notes. Unless otherwise approved, all trees selected for replanting must be in accordance with Section 73-14.14 Tree Species List.

(2)

Trees selected for planting must be free from injury, pests, disease, nutritional disorders or root defects, and must be of good vigor in order to assure a reasonable expectation of survivability. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Planting Manual or similar publication. Reference the American Association of Nurserymen publication American Standard for Nursery Stock (ANSI Z60, 1973) for plant material quality specifications. Reference the Manual of Woody Landscape Plants (Michael Dirr, 1983, Castle Books) or similar publication for information on tree species site requirements.

(3)

The Tree Replacement Plan shall also reflect the following requirements:

a.

Replanted trees shall be of the same or similar species as those removed when practical unless a change in species is appropriate to achieve the requirements of this section.

b.

The use of flowering ornamental trees or plants classified as large shrubs may be included in the Tree Replacement Plan but shall not be used for the purpose of meeting the density calculations for the site unless approved.

c.

All overstory trees shall be a minimum of eight feet tall and have a trunk of not less than two caliper inches. All understory trees shall be a minimum of six feet tall and have a trunk of not less than two caliper inches. In order to provide sufficient growing area for planted trees, the following minimum criteria shall be observed unless otherwise approved

1.

Overstory Trees - 200 square feet of pervious root zone.

2.

Understory Trees - 75 square feet of pervious root zone.

3.

Up to 30 percnet of root zone may be impervious area except for parking lot islands).

d.

All planting and staking details shall be provided on the plan.

e.

All debris from trees cut or substantially damaged should be removed from the site in a timely fashion including the removal of any portion of the tree stump above the original natural grade or elevation of land unless otherwise approved for a specific reason such as, but not limited to, unusually large size or age.

(Ord. No. 2024-03, § 1, 2-1-2024)

(a)

Installation. All landscaping shall be installed in a sound workmanlike manner. Plant materials, installation and maintenance shall meet the standards incorporated in ANSI Z60.1, American Standard for Nursery Stock, most current edition, ANSI A 300, Standard Practices for Tree, Shrub and other Woody Plant Maintenance, most current edition, and as indicated in the project Design Professional's drawings and specifications. All landscaping is subject to inspection and no certificate of completion or certificate of occupancy shall be issued unless the landscaping meets the requirements provided in this zoning chapter or performance surety requirements of Section 73-12 Guarantees and Sureties.

(b)

Maintenance. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the maintenance and protection of all required landscaping in perpetuity, in accordance with the following standards:

(1)

Keep landscaping reasonably free of visible signs of insects and disease and appropriately irrigated to enable landscaping to exist in a healthy growing condition;

(2)

Mow or trim landscaping in a manner and at a frequency appropriate to the use made of the material and species on the site so as not to detract from the appearance of the general area. Growth of plant material at maturity shall be considered where future conflicts such as view, signage, street lighting, utilities and circulation might arise;

(3)

Maintain all landscaping to minimize property damage and public safety hazards, including removal of dead or decaying plant material, and removal of low hanging branches next to sidewalks and walkways obstructing street lighting; and

(4)

Pruning is to be performed to maintaining healthy plant matter in accordance with the specifications set forth by the American Forestry Association, the National Arborist Association, or other professional arboricultural organizations.

(Ord. No. 2024-03, § 1, 2-1-2024)

In the event an applicant disputes the decision of the city regarding tree removal and/or replanting, the applicant may file a written appeal with the mayor and board of aldermen in accordance with Section 73-11.11 Appeals. The written appeal shall detail the reasons why the decision of the city staff should be vacated. Upon receiving the written appeal, the mayor and board of aldermen shall hear arguments and decide whether to uphold the administrative decision, modify the administrative decision, or negate the administrative decision. The decision of the mayor and board of aldermen shall be final.

(Ord. No. 2024-03, § 1, 2-1-2024)

See Section 78-128 Landscape and Open Space for other site landscaping standards.

(Ord. No. 2024-03, § 1, 2-1-2024)

The tree species list is intended to support site planning and design for tree preservation and replacement and decision-making in general. Requests for exceptions to this list may be considered by the Development Director.

(Ord. No. 2024-03, § 1, 2-1-2024)