- TREE PRESERVATION
It is the expressed intent of these tree protection standards that all site planning and design for development of land be undertaken with a survey of trees on the property and that the grading, final placement of buildings, structures, and roads, utilities, and other features minimizes the removal of existing trees, and insures their aesthetic distribution throughout the development on the property.
In support and furtherance of its findings and determination that:
1.
Rampant growth and development in the region has resulted in the innumerable loss of trees. Tree roots hold soil in place and tree photosynthesis converts carbon dioxide to oxygen. Tree loss thus has contributed to dramatically increased soil erosion and sedimentation. High growth areas, where natural green spaces are diminishing, have left fewer trees to transform into oxygen the carbon dioxide of ever increasing, harmful vehicular and industrial emissions, resulting in severe air quality degradation;
2.
Integrated forest canopies reduce the costs of maintenance of other co-located parts of the urban infrastructure;
3.
Well managed urban forest resources increase in value and provide benefits to all citizens of the community with respect to air quality, water quality, stormwater management, temperature amelioration, community aesthetics and general quality of life;
4.
These benefits are crucial to the long term health, safety, and welfare of the citizens of College Park;
5.
The removal of forest canopy from urban areas of the state and its replacement with more intensive land uses exacts real costs upon the infrastructure which must be borne by all citizens of the community;
6.
Community forests function to the benefit of the local citizenry as a part of the public infrastructure as much as streets, utilities, stormwater management structures and sewers;
7.
Healthy community forests increase local commercial and residential property values; and
8.
A tree conservation and landscaping ordinance is one part of a dedicated and integrated planning process dealing with land use, impacts of impervious surface, urban hydrology and water quality.
This article shall apply to any and all activity within the City of College Park (city) which requires a land-disturbance permit or soil erosion and sediment control permit. Exemptions from this Article are:
1.
Removal of dead, diseased, or infested trees, as determined by the Georgia Forestry Commission. Proof of a certified arborist's determination is required, in order to avoid penalties for tree removal.
2.
The operation and maintenance of orchards and tree nurseries in active commercial operation.
3.
All property involved in a viable agricultural operation (establishment, cultivation, or harvesting of fields, and/or livestock operation). Commercial forestry operations are allowed, provided that valid forestry management plans have been submitted to, and accepted by the City of College Park.
4.
Any lot within a subdivision zoned for single family residential uses where the lot has been purchased from the developer and a house has been built.
A specimen tree is any tree or grouping of trees which has been determined to be of high value because of its species, size, age, location, or historic value. General criteria for the determination of specimen trees are as follows:
1.
Any deciduous canopy tree who's DBH equals or exceeds twenty-six (26) inches.
2.
Any evergreen canopy tree who's DBH equals or exceeds twenty-two (22) inches.
3.
Any understory tree who's DBH equals or exceeds eight (8) inches.
4.
Any dogwood, redbud or magnolia tree who's DBH equals or exceeds four (4) inches.
5.
Any tree which has a significant historical value and can be documented through historical records, or otherwise.
1.
No person shall cut, destroy, cause to be destroyed or remove any tree of eight (8) inches Diameter Breast Height (DBH) (twenty-five-inch circumference) or larger or any dogwood, redbud or magnolia tree with a trunk diameter of four (4) inches DBH or larger in preparation for, anticipation of, or in conjunction with any development activity until such removal has been approved as part of the overall site development approval process of this Article. The saving of existing trees less than the protected size is encouraged and may be utilized in some cases to meet the requirements for replacement of trees that are approved for removal.
2.
Deforestation on non-exempt properties is strictly prohibited. Any person, or entity who is responsible for the deforestation of a site shall be subject to the maximum penalties allowed under this Article. Additionally, any site, which includes exempt and non-exempt properties, that has been deforested shall not be eligible to apply for a development permit, a building permit, rezoning, or annexation into the city for a period of thirty-six (36) months from the date that the deforestation occurred. For purposes of this paragraph the last date of deforestation shall be the last day in which a forestry operation is conducted. The property owner who conducts a forestry operation within the city shall be required, within thirty (30) days of the last day of deforestation, to deliver to the city manager a written notice setting forth the last date of deforestation and the identity and location of the property deforested. Upon a property owner failing to timely notify the city manager as provided above, the Engineering Director shall establish the last day of deforestation based upon the best information available to him/her, which estimated date shall not be rebutable. For purposes hereof forestry operation shall include, but is not limited to, the harvesting of forty (40) percent or more of the trees measuring eight (8) inches dbh and larger on any property or development site. For purposes of this paragraph, the term site shall encompass and include any and all property within the city without regard to any possible exemption.
3.
The sites of trees that have been identified to be saved on a tree protection plan (see below) and are subsequently removed, must be replaced with an equal number of replacement TDU's.
A tree protection plan (TPP) must be submitted to the Engineering Director Chief Building Inspector upon application for a land-disturbance permit. The TPP shall be combined with a preliminary plat, construction plans and/or site plans whenever possible. The TPP must be prepared by one (1) or more of the following professional, registered in the State of Georgia: registered landscape architect, urban forester, arborist, land surveyor, or engineer. The TPP must include:
1.
The location of all trees with a trunk diameter of eight (8) inches DBH and larger and all dogwoods, redbuds, and magnolias with a trunk diameter of four (4) inches DBH and larger. For sites over ten (10) acres in size, representative sample areas proposed by the owner's licensed engineers may be used to determine tree density. The sample areas shall be representative of the average total tree coverage of the site. When city staff questions the sample's fair representation of average total tree coverage, the city manager after consultation with the city's engineers shall determine the sample areas to be used.
2.
The species, location, DBH, and Critical Root Zone (CRZ) of all existing trees and specimen trees which will be retained to fulfill density requirements. Five (5) or more trees whose CRZ combine into one (1) tree protection area may be outlined as a group, with their size and species listed in a summary table.
3.
The species, location and DBH of all trees proposed to be removed. The Engineering Director may require additional information including, but not limited to, a certified arborist's appraisal of the trees viability and anticipated life span. A specimen tree may be removed if it is shown that at least one (1) of the following conditions are met:
a.
The location of the tree prevents the opening of necessary traffic lanes.
b.
The location of the tree prevents access to the property, and that no alternative access exists.
c.
The tree is dead, diseased, or dying to the point that repair or restoration is not practical, or the disease may be transmitted to other trees, as determined by a certified arborist, the City Planner, or his/her designee, or Georgia Forestry Commission.
d.
The construction of utility lines necessary for the project cannot be installed via directional boring.
i.
The boundaries of all required buffer areas.
ii.
The boundaries of all landscaped areas.
iii.
The boundaries of all proposed buildings.
iv.
The boundaries of all other impervious surfaces.
v.
The location, depth and height of all utilities.
4.
Upon submission of the TPP to the Engineering Director, a preliminary review will be made by the Engineering Director, or his/her designee. The TPP will either be approved, denied, or returned to the applicant with recommended changes, which must be made prior to the issuance of a land-disturbance permit or soil erosion and sediment control permit.
All MF, OP, C1, C2, HC, BP, LI and HI properties must maintain forty (40) percent of the site as green space.
All DC, and DO properties must maintain twenty-five (25) percent of the site as green space.
While all types of trees are protected under these standards, special emphasis is placed on preservation of large trees and certain significant and more valued species listed herein. The highest site design priority shall be given to preservation of hardwood trees with a DBH of twenty-six (26) inches or larger. Removal of these valued trees is highly discouraged, and will only be approved upon the determination of the planning and zoning commission that all responsible design alternatives have been explored by the applicant and removal cannot be avoided.
The placement of grade changes and building pads shall respect existing significant trees. Under no circumstance shall a grade change be allowed to intrude upon the CRZ of a retained tree. For development sites that do not contain any or very few of these significant trees, design emphasis should be shifted to preserving other species present.
1.
Property subject to this Article shall have, as a condition of approval, a minimum average tree density of fifty (50) Tree Density Units (TDUs) per acre of disturbed area. Disturbed area is defined as the entire limits of the site project activity (buildings, roads, parking areas, stormwater management systems, etc.) outside of the buffer area. Existing trees, which will be retained, will be given credit toward this requirement at the rate of one (1) TDU per caliper inch DBH. Replacement trees will be given credit toward this requirement using a trunk measurement which is no less than six (6) inches from the ground, at rate of one (1) TDU per two (2) inches of trunk diameter. Replacement trees from two-inch caliper up to three-inch caliper are worth fifty (50) percent of the TDUs for an existing tree. Replacement trees from three-inch caliper to four-inch caliper are equal to the TDUs of an existing tree. Replacement trees four-inch caliper and over are worth one hundred fifty (150) percent of the TDUs for an existing tree. Under no circumstances will the density be less than fifty (50) or greater than one hundred (100) TDUs per acre of disturbed area. Tree density units per disturbed acre are in addition to any natural, undisturbed, watershed protection buffers or other environmental buffers required for development.
2.
Single Family Residential lots being developed, shall have proportional share of fifty (50) TDUs per acre, post development, or portion thereof, with a minimum of one (1) overstory tree per dwelling unit (DU), located adjacent to the right-of-way, and spaced eighty (80) to one hundred (100) feet apart. Example:
One (1) acre lots shall have fifty (50) TDUs;
Half (½) acre lots shall have twenty-five (25) TDUs;
One-quarter (¼) acre lots shall have 12.5 TDUs;
Less than one-quarter (¼) acre lots shall have TDUs at the same proportions as above.
1.
Property subject to this Article shall have, as a condition of approval, a minimum average shrub density of one hundred (100) SDUs per acre. All SDUs to be planted must be located outside any natural occurring vegetation.
2.
In order to encourage the protection of trees above and beyond the required 50 TDUs, shrub density requirements may be reduced by a similar area covered by the CRZ of the additional trees to be saved.
3.
As a healthy shrub eventually covers an area with a five-foot diameter, or 19.6 square feet, the required SDUs may be reduced by that area equal to 19.6 square feet, or multiples thereof. For example, should a development save sixty (60) caliper inches of existing tree stock, per acre, the applicant would receive credit for the additional ten (10) inches. This could be calculated as follows:
a.
Determine the critical root zone (CRZ) of the tree to be saved (a ten-inch tree would yield a fifteen-foot wide CRZ.
b.
Square the CRZ (two hundred twenty-five (225) square feet).
c.
Multiply the product of Step 2 by 3.14 (π). This determines the healthy growing area of the tree to be saved, or 706.5 square feet.
d.
Divide the result of Step 3 by 19.6 = 36 SDUs.
e.
The number derived in Step 4 is the allowable reduction in SDUs.
1.
A landscaped highway buffer shall be established parallel to the entire front of the property along Roosevelt Highway outside of Downtown College Park, on Old National Highway, on Godby Road, and on W. Fayetteville Road. The highway buffer is included in the fifty (50) TDU and one hundred (100) SDU per acre requirements.
2.
For existing lots of record with a total depth from the right-of-way lines less than five hundred (500) feet, the depth of the highway buffer will be measured at ten (10) percent of the depth of the lot. For each fifty-foot decrease from the five hundred-foot measure, landscaping will be required according to the following table per every one hundred (100) feet of lot width:
3.
For lots that measure between the fifty-foot increments, the number closest to the lot depth shall apply (i.e., a depth measuring two hundred eighty-five (285) feet would be required to plant additional vegetation.
4.
If an existing lot measures less than two hundred fifty (250) feet in depth, the minimum depth of the highway buffer shall be twenty-five (25) feet.
5.
This sliding scale provision for the highway buffer does not apply to any lot with a depth greater than five hundred (500) feet, which would be required to provide for the fifty-foot buffer.
6.
If due to site constraints and location of existing vegetation, the number of total required landscaping materials cannot be reasonably placed within the highway buffer, the individual plant materials are still required but may be placed elsewhere along the side buffers, rear buffer or within the parking medians. The planning and zoning commission shall have discretion over the alternate placing of materials.
7.
The buffer shall contain only vegetative landscaping materials, except for the uses listed below:
a.
Vehicular access drives placed approximately perpendicular to the right-of-way;
b.
Foot and bicycle paths;
c.
Walls and fences less than six (6) feet in height;
d.
Landscaping sculpture, lighting fixtures, trellises and arbors;
e.
Signage;
f.
Water, sanitary sewer, electrical, telephone, natural gas, cable and other service lines provided that they are placed approximately perpendicular to the right-of-way. Where existing lines or planned lines must run parallel to the right-of-way, an equivalent amount of buffer may be required beyond the fifty (50) feet if the character of the buffer is greatly disturbed. To the extent possible, such service lines should be consolidated with vehicular access routes.
g.
Electrical, telephone, gas, water supply, sewage disposal and other utilities may be constructed within the required buffer area. After installation of such services and to meet the requirements of this section, the developer shall be required to restore the buffer area as approved by the city.
h.
Drainage and stormwater detention areas. Where existing or created ponds and drainage swales will occupy a substantial portion of the highway buffer because of natural land forms or drainage patters, additional buffer depth may be required to achieve the visual softening intent of this section.
8.
No tree six (6) inches in diameter at four (4) feet dbh (diameter breast height) or larger may be removed from the highway buffer except for access drives, sight triangles, and dead or diseased trees as approved by the planning and zoning commission.
9.
Landscaping. The purpose of this section is to protect and enhance any existing tree canopy, understory trees and shrubbery coverage in order to soften the appearance of structures and parking lots visible from the highway. It is also the purpose of this section to screen headlight glare on and off site and to mitigate commercial lighting as seen by neighboring properties and from the highway. Natural appearing landscape forms are encouraged.
a.
The plant materials designated in this Article shall be generally distributed along and throughout the buffer in order that there not be significant gaps without plantings (except as required at sight triangles and road intersections).
b.
No more than one (1) in three (3) overstory trees shall be pine or cone-bearing.
c.
Existing, as well as installed, vegetation may be included in meeting the requirement, but if there is not sufficient distribution within the buffer, then additional plantings will be required at the discretion of the planning and zoning commission.
d.
Existing evergreen or deciduous understory trees may be counted for credit to meet the requirements.
e.
Size, caliper, and height of trees, shrubs or plants shall meet requirements of city's general landscape ordinance.
f.
Trees and shrubs shall not be pruned in any manner that would significantly diminish the desired softening character of the buffer except in accordance with standard horticultural practice. Trees shall not be limbed-up from the ground more than six (6) feet to the lowest branches, except as required within sight triangles at intersections or to provide adequate light for understory plantings.
A.
Perimeter buffers. Landscaped buffers at least ten (10) feet in width shall be maintained along the side and rear property boundaries. These buffers may be penetrated for vehicular and pedestrian passageways linking adjoining properties provided the passageways are placed approximately perpendicular to these buffers.
B.
Foundation buffers. A landscaped buffer at least six (6) feet wide shall be maintained between any structure and any parking or driving area, except for loading areas and areas where drive-through facilities are utilized. This space is to be reserved for plant material, either existing or planned. Sidewalks and handicap ramps may be placed adjacent to the buffer on either side. The buffer may be penetrated to provide for access to the building.
C.
Opaque walls and fences. Any opaque or partially opaque walls or fences installed along the front of the property, including those used for screening of parking areas, must be softened with landscaping materials.
D.
Parking lot requirements. Parking lots shall include landscaped strips and landscaped islands as follows.
E.
Landscaped strip. Shrubs and/or trees shall be installed in the landscaped strip to provide for semi-continuous planting along the landscaped strip. Shrubs shall be at least one (1) foot in height at installation and reasonably projected to grow at least two (2) feet in height within three (3) years.
F.
Landscaped island. Each landscaped island shall contain one (1) broad-leaved overstory tree with a minimum size of two (2) caliper inches at dbh and a minimum height of ten (10) feet.
Tree protection best management practices (BMPs) will be mandatory to insure the survival of existing trees and stands of trees during and after construction. Sometimes, it is more feasible to save stands of trees than it is to save single trees which are scattered throughout a site. A tree protection area shall be maintained around all trees and stands of trees to be retained. In most cases, this tree protection area is the same as the critical root zone (CRZ). In some instances, a larger area may have to be designated as a tree protection area as determined by the Georgia Forestry Commission, or the Engineering Director. The tree protection area shall be marked with standard tree protection fencing (orange) as well as with "Tree Protection Area" signs attached to the tree protection fencing stakes.
The construction and grading process can cause damages such as direct physical root damage, indirect root damage, and trunk/crown damage. Due to this, no land-disturbance, construction process, or storage of equipment or materials will be allowed to take place within the tree protection area, and the following will be adhered to:
1.
All individual trees to be retained must be marked with orange engineering tape tied around the trunk of the tree at a height of five (5) feet above the pre-development grade.
2.
The tree protection area (CRZ) of individual trees and stands of trees will be marked with standard tree protection fencing (orange). At least two (2) "Tree Protection Area" signs (two (2) square feet each) shall be posted at each individual tree protection area. At least four (4) "Tree Protection Area" signs shall be posted at stand of trees to be protected. Signs shall not be nailed or affixed to trees, but shall be attached to stakes supporting the tree protection fencing.
3.
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, or any existing significant tree within a tree save area or buffer zone.
4.
During subdivision street construction, land-disturbance allowed by a development permit, shall be limited to areas needed for street right-of-way, drainage easements, and utilities. All other areas will be considered tree protection areas. If utilities must be routed through a tree protection area, and as a result, encroach upon the CRZ of any tree to be saved, the utility must be tunneled (by directional bore technique) at a minimum depth of twenty-four (24) inches.
5.
The tree protection area should be maintained in a naturally vegetated state. The clearing of invasive non-native plant materials, such as kudzu, shall be allowed.
6.
Structures shall not be located closer to a specimen tree than the distance equal to the CRZ.
7.
Roads and paved areas shall not be located closer to a specimen tree than the distance equal to the CRZ plus ten (10) feet, without consent of the city.
8.
If irreparable damage has occurred to a tree or trees within a tree protection area, as determined by the Engineering Director, or the Georgia Forestry Commission, it shall be the responsibility of the developer/builder to remove and replace tree or trees with an equal number of replacement TDU's as the damaged tree(s), and to guarantee survival of the tree or trees, after the issuance of the certificate of occupancy.
In some cases, tree replacement will be necessary to fulfill the tree density requirement. The following are guidelines for tree replacement to be followed after the construction process:
1.
All trees selected for replacement must be quality specimens free of disease, injury, or infestation, and must be ecologically compatible with the specifically intended growing area, and planted in accordance with standards established by the International Society of Arboriculture.
2.
All new trees planted to fulfill the tree density requirements must be in place prior to the issuance of a certificate of occupancy.
3.
New trees planted under the requirements of this Article which do not survive for twenty-four (24) months after the issuance of a certificate of occupancy, will be replaced as a condition of occupancy. Trees shall be bonded via a maintenance agreement. Bonds will be released after the twenty-four-month period has passed, and the health of the trees has been certified and accepted by the city.
4.
Replacement overstory trees shall not be planted within twenty (20) feet of any structure, or within ten (10) feet of any paved area. Replacement understory trees shall not be planted within ten (10) feet of any structure, or within five (5) feet of any paved area.
5.
Landscape islands and peninsulas in non-residential and institutional parking areas must contain sufficient pervious surface area to accommodate the appropriate replacement tree, in order to insure its longevity, and shall be irrigated.
6.
At least seventy-five (75) percent of the replacement trees must be native trees as indicated in the list of suitable replacement trees.
7.
The minimum diameter for replacement trees shall be two (2) inches as measured six (6) inches above grade.
8.
Vegetation shall be at least five (5) feet from fire hydrants, and shall be maintained as such.
9.
Residential lots shall have proportional share of TDUs per acre, or portion thereof, with a minimum of one (1) overstory tree per dwelling unit (DU), located adjacent to the right-of-way, and spaced eighty (80) to one hundred (100) feet apart.
10.
In order to prevent a mono-crop urban forest, which can be prone to disease, no more than fifty (50) percent of the replacement trees may be of one (1) species. The remaining replacement tree stock must be made up of two (2) additional species.
11.
Where minimum tree density cannot be met due to natural site constraints, or redevelopment status, and not site design or size of the property, the developer/builder may seek permission from the (city manager or designee? City planner? Other?) to donate to the City of College Park landscaping and reforestation fund to compensate for not meeting the requirements of the landscaping ordinance.
SUITABLE OVERSTORY TREES
* Indicates not suitable for parking peninsulas and islands.
SUITABLE UNDERSTORY TREES
SUITABLE SHRUBS
SUITABLE GROUNDCOVER
(selections are not limited to this list)
It is the responsibility of the Engineering Director Chief Building Inspector, or his/her designees to review the TPP to ascertain compliance with the provisions of this Article before a land-disturbance or soil erosion and sediment control permit will be issued. It is the responsibility of the Engineering Director Chief Building Inspector, or his/her designees to conduct a final inspection for compliance with this section before a certificate of occupancy will be granted. The Engineering Director Chief Building Inspector, or his/her designees have the authority to revoke, suspend, or void any land-disturbance permit or soil erosion and sediment control permit, stop all work on-site or any portion thereof, or withhold a certificate of occupancy when there has been a violation of any of the provisions of this Article.
In order to insure the survival of required replacement trees and shrubs, said plant materials may, at the discretion of the City Planner, be bonded under the following circumstances:
1.
Seasonal planting bond. When the time of year is inappropriate for installation of required plant materials, a seasonal planting bond may be utilized for a period of up to six (6) months. This bond allows a project to receive a certificate of occupancy once all other requirements have been met. The seasonal planting bond shall be equal to one hundred (100) percent of the total cost of materials and installation, and will be released upon final inspection and compliance with the approved landscaping plan. Seasonal planting bonds shall be in the form of cash, check, money order, or letter of credit.
2.
Landscape survival bond. All projects that require replacement plant materials shall be required to submit a landscape survival bond, which shall be valid for a period of twenty-four (24) months from the date of the certificate of occupancy. This bond allows for the replacement of plant materials that fail within the twenty-four-month period. The landscape survival bond shall be equal to one hundred (100) percent of the total cost of materials and installation for the first twelve (12) months, and shall be reduced to fifty (50) percent of the total cost of materials and installation for the remainder of the bond period. The landscape survival bond will be released at the end of the twenty-four-month period. Landscape survival bonds shall be in the form of cash, check, money order, or letter of credit. If cash, check, or money order are utilized to secure a bond, the funds will be placed in an interest bearing escrow account.
The city has the authority to levy both civil and administrative penalties for violations of this Article.
A.
Civil penalty. Violation of this Article constitutes a misdemeanor offense, and is punishable by a fine not to exceed one thousand dollars ($1,000.00) per offense. The minimum fine for unauthorized removal of a protected tree is seven hundred fifty dollars ($750.00). In situations of deforestation, or where attempts have been made to remove evidence of a tree (stump removal, etc.), the maximum fine shall be levied. For the purpose of enforcement, each tree removed shall be treated as a separate offense. Each violation of this Article will constitute a separate offense.
B.
Administrative penalty. In the event that protected trees and natural vegetation on a site are damaged or destroyed during the development of said site, the city may choose to render an administrative penalty against the developer. The course of action for administrative penalty shall be:
1.
The building inspections department shall issue an immediate stop-work order.
2.
The City Planner, or his/her designee, shall review the damage and determine the resulting effect upon the approved landscape plan, the site, adjoining properties, and the city in general.
3.
A moratorium may be placed upon the development. Based upon the severity of the actions, the moratorium will last for a period of up to six (6) months, at the discretion of the city manager.
4.
Upon request, the developer shall submit a revised tree protection and landscaping plan for review and approval by the planning and zoning commission.
5.
Once the moratorium has been lifted, the revised tree protection and landscaping plan must be adhered to, in order to avoid further penalty.
Any applicant for a land-disturbance permit, a soil erosion and sediment control permit, or a certificate of occupancy who is aggrieved by any decision of the Engineering Director, or City Planner, relating to the application of this Article shall have the right to appeal the Board of Zoning Appeals, as provided under Article 15 of the City of College Park zoning ordinance.
A.
Purpose. One (1) of the goals and purposes of the landscaping ordinance is to have each development site offset the impact on the environment of such development by means of providing the required landscaping and pervious surface on the site where such impact occurs. Where minimum tree density cannot be met due to natural site constraints or pre-existing development, and not site design or size of the property, the developer/builder may seek permission to donate to the City of College Park landscaping and reforestation fund to compensate for not meeting the requirements of the landscaping ordinance. Unless a variance has been granted by the Board of Zoning Appeals to reduce the size of a buffer, there is no relief from the required landscaping in all buffer zones. Contribution to the landscaping and reforestation fund must be authorized by City Planner, or his/her designee, in accordance with the following criteria:
1.
Natural site constraints and/or pre-existing development prevent the planting of required trees and not development design or the size of the property.
2.
A maximum of fifty (50) percent of required TDUs for a development can be compensated for.
B.
Regardless of pre-existing development or variance status, impervious surface of a candidate site outside of downtown College Park may not exceed seventy-five (75) percent. Regardless of pre-existing development or variance status, impervious surface of a candidate site inside Downtown College Park may not exceed ninety (90) percent impervious surface. Pervious pavers, meeting the requirements of the Georgia Stormwater Management Manual section 3.3.8 for Modular Porous Paver Systems, will be given credit from impervious surface calculations. Pervious paver systems shall be considered fifty (50) percent pervious and fifty (50) percent impervious for purposes of the calculations. Pervious pavers shall be allowed for use on twenty-five (25) percent of the parking spaces in a parking lot. Pervious pavers are not allowed for use as driveways, or where traffic volumes are high or where heavy duty pavement is needed.
C.
Authorization process. To receive authorization, a submittal must be made that includes a completed landscaping and reforestation contribution form and the landscaping plan for the site. Review will be conducted within thirty (30) days.
If approved, donation is to be collected at the time of a mutually established date between the City of College Park Engineering Director and the applicant.
D.
Landscaping and reforestation fund contribution form. The landscaping and reforestation fund contribution form must be completed and submitted along with other required materials to the City Planner for review. The form shall include the following information:
1.
Project name, project description, project address, contact name, company name, telephone number, fax number, email address, date of planning and zoning commission development plan approval, conditions of approval, reason for which contribution is necessary, amount of contribution, all contribution calculations and requirements, acres of site, impervious surface calculation, required TDU's, TDU's to be contributed for, area of impervious surface (in square feet) above the maximum limit, supporting documentation list, City Planner and Engineering Director signatures, city manager signature, and the date the check is to be received.
2.
The submission must also include the following:
a.
Tree protection and landscaping plan.
b.
Any supporting documents requested by the planning or engineering departments.
E.
Assessing cost. In order to compensate for the lack of required landscaping on a given site, land must be obtained by the city, dedicated to open space, planted with the balance of required TDU's, and maintained. In addition, a fixed fee for administrative and consultation services will be incurred. The total cost will be assessed as follows:
1.
Trees. To calculate the cost required for the required TDU's which are lacking from the site, the following rules shall apply. Three different tree types must be used with no more than fifty (50) percent of the trees being of the same species. The provided trees are given credit for each caliper inch at a rate of fifty (50) percent per required TDU. Price quotes from three (3) different landscapers shall be averaged to determine the total cost for the following:
a.
Cost of each tree.
b.
Installation for all trees.
c.
Maintenance cost per tree for two (2) years.
F.
Administrative cost is one hundred fifty dollars ($150.00).
G.
Any incurred consultation fees.
H.
Uses for fund. Donations to this fund serve to offset the lack of pervious surface and landscaping on the site for which a contribution was made. The City Planner and his/her designee(s) will establish and assign priority to all projects for use of funds. In addition to providing landscaping, the city may also initiate and administer such projects that include, but are not limited to the following:
1.
Purchase land or easements where either specimen trees are located or where a suitable site exists for parkland or the planting of trees.
2.
Seek out local, state, federal, and private funds for the purpose of landscaping, reforestation, open space, and green space.
3.
Plant trees and increase landscaping on existing city owned property, including right-of-way as part of a streetscape project.
4.
Promote the observance of National Arbor Day.
5.
Further the awareness and the goals of the landscaping ordinance.
I.
Limitations. The fund cannot be used for the construction of recreational facilities.
- TREE PRESERVATION
It is the expressed intent of these tree protection standards that all site planning and design for development of land be undertaken with a survey of trees on the property and that the grading, final placement of buildings, structures, and roads, utilities, and other features minimizes the removal of existing trees, and insures their aesthetic distribution throughout the development on the property.
In support and furtherance of its findings and determination that:
1.
Rampant growth and development in the region has resulted in the innumerable loss of trees. Tree roots hold soil in place and tree photosynthesis converts carbon dioxide to oxygen. Tree loss thus has contributed to dramatically increased soil erosion and sedimentation. High growth areas, where natural green spaces are diminishing, have left fewer trees to transform into oxygen the carbon dioxide of ever increasing, harmful vehicular and industrial emissions, resulting in severe air quality degradation;
2.
Integrated forest canopies reduce the costs of maintenance of other co-located parts of the urban infrastructure;
3.
Well managed urban forest resources increase in value and provide benefits to all citizens of the community with respect to air quality, water quality, stormwater management, temperature amelioration, community aesthetics and general quality of life;
4.
These benefits are crucial to the long term health, safety, and welfare of the citizens of College Park;
5.
The removal of forest canopy from urban areas of the state and its replacement with more intensive land uses exacts real costs upon the infrastructure which must be borne by all citizens of the community;
6.
Community forests function to the benefit of the local citizenry as a part of the public infrastructure as much as streets, utilities, stormwater management structures and sewers;
7.
Healthy community forests increase local commercial and residential property values; and
8.
A tree conservation and landscaping ordinance is one part of a dedicated and integrated planning process dealing with land use, impacts of impervious surface, urban hydrology and water quality.
This article shall apply to any and all activity within the City of College Park (city) which requires a land-disturbance permit or soil erosion and sediment control permit. Exemptions from this Article are:
1.
Removal of dead, diseased, or infested trees, as determined by the Georgia Forestry Commission. Proof of a certified arborist's determination is required, in order to avoid penalties for tree removal.
2.
The operation and maintenance of orchards and tree nurseries in active commercial operation.
3.
All property involved in a viable agricultural operation (establishment, cultivation, or harvesting of fields, and/or livestock operation). Commercial forestry operations are allowed, provided that valid forestry management plans have been submitted to, and accepted by the City of College Park.
4.
Any lot within a subdivision zoned for single family residential uses where the lot has been purchased from the developer and a house has been built.
A specimen tree is any tree or grouping of trees which has been determined to be of high value because of its species, size, age, location, or historic value. General criteria for the determination of specimen trees are as follows:
1.
Any deciduous canopy tree who's DBH equals or exceeds twenty-six (26) inches.
2.
Any evergreen canopy tree who's DBH equals or exceeds twenty-two (22) inches.
3.
Any understory tree who's DBH equals or exceeds eight (8) inches.
4.
Any dogwood, redbud or magnolia tree who's DBH equals or exceeds four (4) inches.
5.
Any tree which has a significant historical value and can be documented through historical records, or otherwise.
1.
No person shall cut, destroy, cause to be destroyed or remove any tree of eight (8) inches Diameter Breast Height (DBH) (twenty-five-inch circumference) or larger or any dogwood, redbud or magnolia tree with a trunk diameter of four (4) inches DBH or larger in preparation for, anticipation of, or in conjunction with any development activity until such removal has been approved as part of the overall site development approval process of this Article. The saving of existing trees less than the protected size is encouraged and may be utilized in some cases to meet the requirements for replacement of trees that are approved for removal.
2.
Deforestation on non-exempt properties is strictly prohibited. Any person, or entity who is responsible for the deforestation of a site shall be subject to the maximum penalties allowed under this Article. Additionally, any site, which includes exempt and non-exempt properties, that has been deforested shall not be eligible to apply for a development permit, a building permit, rezoning, or annexation into the city for a period of thirty-six (36) months from the date that the deforestation occurred. For purposes of this paragraph the last date of deforestation shall be the last day in which a forestry operation is conducted. The property owner who conducts a forestry operation within the city shall be required, within thirty (30) days of the last day of deforestation, to deliver to the city manager a written notice setting forth the last date of deforestation and the identity and location of the property deforested. Upon a property owner failing to timely notify the city manager as provided above, the Engineering Director shall establish the last day of deforestation based upon the best information available to him/her, which estimated date shall not be rebutable. For purposes hereof forestry operation shall include, but is not limited to, the harvesting of forty (40) percent or more of the trees measuring eight (8) inches dbh and larger on any property or development site. For purposes of this paragraph, the term site shall encompass and include any and all property within the city without regard to any possible exemption.
3.
The sites of trees that have been identified to be saved on a tree protection plan (see below) and are subsequently removed, must be replaced with an equal number of replacement TDU's.
A tree protection plan (TPP) must be submitted to the Engineering Director Chief Building Inspector upon application for a land-disturbance permit. The TPP shall be combined with a preliminary plat, construction plans and/or site plans whenever possible. The TPP must be prepared by one (1) or more of the following professional, registered in the State of Georgia: registered landscape architect, urban forester, arborist, land surveyor, or engineer. The TPP must include:
1.
The location of all trees with a trunk diameter of eight (8) inches DBH and larger and all dogwoods, redbuds, and magnolias with a trunk diameter of four (4) inches DBH and larger. For sites over ten (10) acres in size, representative sample areas proposed by the owner's licensed engineers may be used to determine tree density. The sample areas shall be representative of the average total tree coverage of the site. When city staff questions the sample's fair representation of average total tree coverage, the city manager after consultation with the city's engineers shall determine the sample areas to be used.
2.
The species, location, DBH, and Critical Root Zone (CRZ) of all existing trees and specimen trees which will be retained to fulfill density requirements. Five (5) or more trees whose CRZ combine into one (1) tree protection area may be outlined as a group, with their size and species listed in a summary table.
3.
The species, location and DBH of all trees proposed to be removed. The Engineering Director may require additional information including, but not limited to, a certified arborist's appraisal of the trees viability and anticipated life span. A specimen tree may be removed if it is shown that at least one (1) of the following conditions are met:
a.
The location of the tree prevents the opening of necessary traffic lanes.
b.
The location of the tree prevents access to the property, and that no alternative access exists.
c.
The tree is dead, diseased, or dying to the point that repair or restoration is not practical, or the disease may be transmitted to other trees, as determined by a certified arborist, the City Planner, or his/her designee, or Georgia Forestry Commission.
d.
The construction of utility lines necessary for the project cannot be installed via directional boring.
i.
The boundaries of all required buffer areas.
ii.
The boundaries of all landscaped areas.
iii.
The boundaries of all proposed buildings.
iv.
The boundaries of all other impervious surfaces.
v.
The location, depth and height of all utilities.
4.
Upon submission of the TPP to the Engineering Director, a preliminary review will be made by the Engineering Director, or his/her designee. The TPP will either be approved, denied, or returned to the applicant with recommended changes, which must be made prior to the issuance of a land-disturbance permit or soil erosion and sediment control permit.
All MF, OP, C1, C2, HC, BP, LI and HI properties must maintain forty (40) percent of the site as green space.
All DC, and DO properties must maintain twenty-five (25) percent of the site as green space.
While all types of trees are protected under these standards, special emphasis is placed on preservation of large trees and certain significant and more valued species listed herein. The highest site design priority shall be given to preservation of hardwood trees with a DBH of twenty-six (26) inches or larger. Removal of these valued trees is highly discouraged, and will only be approved upon the determination of the planning and zoning commission that all responsible design alternatives have been explored by the applicant and removal cannot be avoided.
The placement of grade changes and building pads shall respect existing significant trees. Under no circumstance shall a grade change be allowed to intrude upon the CRZ of a retained tree. For development sites that do not contain any or very few of these significant trees, design emphasis should be shifted to preserving other species present.
1.
Property subject to this Article shall have, as a condition of approval, a minimum average tree density of fifty (50) Tree Density Units (TDUs) per acre of disturbed area. Disturbed area is defined as the entire limits of the site project activity (buildings, roads, parking areas, stormwater management systems, etc.) outside of the buffer area. Existing trees, which will be retained, will be given credit toward this requirement at the rate of one (1) TDU per caliper inch DBH. Replacement trees will be given credit toward this requirement using a trunk measurement which is no less than six (6) inches from the ground, at rate of one (1) TDU per two (2) inches of trunk diameter. Replacement trees from two-inch caliper up to three-inch caliper are worth fifty (50) percent of the TDUs for an existing tree. Replacement trees from three-inch caliper to four-inch caliper are equal to the TDUs of an existing tree. Replacement trees four-inch caliper and over are worth one hundred fifty (150) percent of the TDUs for an existing tree. Under no circumstances will the density be less than fifty (50) or greater than one hundred (100) TDUs per acre of disturbed area. Tree density units per disturbed acre are in addition to any natural, undisturbed, watershed protection buffers or other environmental buffers required for development.
2.
Single Family Residential lots being developed, shall have proportional share of fifty (50) TDUs per acre, post development, or portion thereof, with a minimum of one (1) overstory tree per dwelling unit (DU), located adjacent to the right-of-way, and spaced eighty (80) to one hundred (100) feet apart. Example:
One (1) acre lots shall have fifty (50) TDUs;
Half (½) acre lots shall have twenty-five (25) TDUs;
One-quarter (¼) acre lots shall have 12.5 TDUs;
Less than one-quarter (¼) acre lots shall have TDUs at the same proportions as above.
1.
Property subject to this Article shall have, as a condition of approval, a minimum average shrub density of one hundred (100) SDUs per acre. All SDUs to be planted must be located outside any natural occurring vegetation.
2.
In order to encourage the protection of trees above and beyond the required 50 TDUs, shrub density requirements may be reduced by a similar area covered by the CRZ of the additional trees to be saved.
3.
As a healthy shrub eventually covers an area with a five-foot diameter, or 19.6 square feet, the required SDUs may be reduced by that area equal to 19.6 square feet, or multiples thereof. For example, should a development save sixty (60) caliper inches of existing tree stock, per acre, the applicant would receive credit for the additional ten (10) inches. This could be calculated as follows:
a.
Determine the critical root zone (CRZ) of the tree to be saved (a ten-inch tree would yield a fifteen-foot wide CRZ.
b.
Square the CRZ (two hundred twenty-five (225) square feet).
c.
Multiply the product of Step 2 by 3.14 (π). This determines the healthy growing area of the tree to be saved, or 706.5 square feet.
d.
Divide the result of Step 3 by 19.6 = 36 SDUs.
e.
The number derived in Step 4 is the allowable reduction in SDUs.
1.
A landscaped highway buffer shall be established parallel to the entire front of the property along Roosevelt Highway outside of Downtown College Park, on Old National Highway, on Godby Road, and on W. Fayetteville Road. The highway buffer is included in the fifty (50) TDU and one hundred (100) SDU per acre requirements.
2.
For existing lots of record with a total depth from the right-of-way lines less than five hundred (500) feet, the depth of the highway buffer will be measured at ten (10) percent of the depth of the lot. For each fifty-foot decrease from the five hundred-foot measure, landscaping will be required according to the following table per every one hundred (100) feet of lot width:
3.
For lots that measure between the fifty-foot increments, the number closest to the lot depth shall apply (i.e., a depth measuring two hundred eighty-five (285) feet would be required to plant additional vegetation.
4.
If an existing lot measures less than two hundred fifty (250) feet in depth, the minimum depth of the highway buffer shall be twenty-five (25) feet.
5.
This sliding scale provision for the highway buffer does not apply to any lot with a depth greater than five hundred (500) feet, which would be required to provide for the fifty-foot buffer.
6.
If due to site constraints and location of existing vegetation, the number of total required landscaping materials cannot be reasonably placed within the highway buffer, the individual plant materials are still required but may be placed elsewhere along the side buffers, rear buffer or within the parking medians. The planning and zoning commission shall have discretion over the alternate placing of materials.
7.
The buffer shall contain only vegetative landscaping materials, except for the uses listed below:
a.
Vehicular access drives placed approximately perpendicular to the right-of-way;
b.
Foot and bicycle paths;
c.
Walls and fences less than six (6) feet in height;
d.
Landscaping sculpture, lighting fixtures, trellises and arbors;
e.
Signage;
f.
Water, sanitary sewer, electrical, telephone, natural gas, cable and other service lines provided that they are placed approximately perpendicular to the right-of-way. Where existing lines or planned lines must run parallel to the right-of-way, an equivalent amount of buffer may be required beyond the fifty (50) feet if the character of the buffer is greatly disturbed. To the extent possible, such service lines should be consolidated with vehicular access routes.
g.
Electrical, telephone, gas, water supply, sewage disposal and other utilities may be constructed within the required buffer area. After installation of such services and to meet the requirements of this section, the developer shall be required to restore the buffer area as approved by the city.
h.
Drainage and stormwater detention areas. Where existing or created ponds and drainage swales will occupy a substantial portion of the highway buffer because of natural land forms or drainage patters, additional buffer depth may be required to achieve the visual softening intent of this section.
8.
No tree six (6) inches in diameter at four (4) feet dbh (diameter breast height) or larger may be removed from the highway buffer except for access drives, sight triangles, and dead or diseased trees as approved by the planning and zoning commission.
9.
Landscaping. The purpose of this section is to protect and enhance any existing tree canopy, understory trees and shrubbery coverage in order to soften the appearance of structures and parking lots visible from the highway. It is also the purpose of this section to screen headlight glare on and off site and to mitigate commercial lighting as seen by neighboring properties and from the highway. Natural appearing landscape forms are encouraged.
a.
The plant materials designated in this Article shall be generally distributed along and throughout the buffer in order that there not be significant gaps without plantings (except as required at sight triangles and road intersections).
b.
No more than one (1) in three (3) overstory trees shall be pine or cone-bearing.
c.
Existing, as well as installed, vegetation may be included in meeting the requirement, but if there is not sufficient distribution within the buffer, then additional plantings will be required at the discretion of the planning and zoning commission.
d.
Existing evergreen or deciduous understory trees may be counted for credit to meet the requirements.
e.
Size, caliper, and height of trees, shrubs or plants shall meet requirements of city's general landscape ordinance.
f.
Trees and shrubs shall not be pruned in any manner that would significantly diminish the desired softening character of the buffer except in accordance with standard horticultural practice. Trees shall not be limbed-up from the ground more than six (6) feet to the lowest branches, except as required within sight triangles at intersections or to provide adequate light for understory plantings.
A.
Perimeter buffers. Landscaped buffers at least ten (10) feet in width shall be maintained along the side and rear property boundaries. These buffers may be penetrated for vehicular and pedestrian passageways linking adjoining properties provided the passageways are placed approximately perpendicular to these buffers.
B.
Foundation buffers. A landscaped buffer at least six (6) feet wide shall be maintained between any structure and any parking or driving area, except for loading areas and areas where drive-through facilities are utilized. This space is to be reserved for plant material, either existing or planned. Sidewalks and handicap ramps may be placed adjacent to the buffer on either side. The buffer may be penetrated to provide for access to the building.
C.
Opaque walls and fences. Any opaque or partially opaque walls or fences installed along the front of the property, including those used for screening of parking areas, must be softened with landscaping materials.
D.
Parking lot requirements. Parking lots shall include landscaped strips and landscaped islands as follows.
E.
Landscaped strip. Shrubs and/or trees shall be installed in the landscaped strip to provide for semi-continuous planting along the landscaped strip. Shrubs shall be at least one (1) foot in height at installation and reasonably projected to grow at least two (2) feet in height within three (3) years.
F.
Landscaped island. Each landscaped island shall contain one (1) broad-leaved overstory tree with a minimum size of two (2) caliper inches at dbh and a minimum height of ten (10) feet.
Tree protection best management practices (BMPs) will be mandatory to insure the survival of existing trees and stands of trees during and after construction. Sometimes, it is more feasible to save stands of trees than it is to save single trees which are scattered throughout a site. A tree protection area shall be maintained around all trees and stands of trees to be retained. In most cases, this tree protection area is the same as the critical root zone (CRZ). In some instances, a larger area may have to be designated as a tree protection area as determined by the Georgia Forestry Commission, or the Engineering Director. The tree protection area shall be marked with standard tree protection fencing (orange) as well as with "Tree Protection Area" signs attached to the tree protection fencing stakes.
The construction and grading process can cause damages such as direct physical root damage, indirect root damage, and trunk/crown damage. Due to this, no land-disturbance, construction process, or storage of equipment or materials will be allowed to take place within the tree protection area, and the following will be adhered to:
1.
All individual trees to be retained must be marked with orange engineering tape tied around the trunk of the tree at a height of five (5) feet above the pre-development grade.
2.
The tree protection area (CRZ) of individual trees and stands of trees will be marked with standard tree protection fencing (orange). At least two (2) "Tree Protection Area" signs (two (2) square feet each) shall be posted at each individual tree protection area. At least four (4) "Tree Protection Area" signs shall be posted at stand of trees to be protected. Signs shall not be nailed or affixed to trees, but shall be attached to stakes supporting the tree protection fencing.
3.
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, or any existing significant tree within a tree save area or buffer zone.
4.
During subdivision street construction, land-disturbance allowed by a development permit, shall be limited to areas needed for street right-of-way, drainage easements, and utilities. All other areas will be considered tree protection areas. If utilities must be routed through a tree protection area, and as a result, encroach upon the CRZ of any tree to be saved, the utility must be tunneled (by directional bore technique) at a minimum depth of twenty-four (24) inches.
5.
The tree protection area should be maintained in a naturally vegetated state. The clearing of invasive non-native plant materials, such as kudzu, shall be allowed.
6.
Structures shall not be located closer to a specimen tree than the distance equal to the CRZ.
7.
Roads and paved areas shall not be located closer to a specimen tree than the distance equal to the CRZ plus ten (10) feet, without consent of the city.
8.
If irreparable damage has occurred to a tree or trees within a tree protection area, as determined by the Engineering Director, or the Georgia Forestry Commission, it shall be the responsibility of the developer/builder to remove and replace tree or trees with an equal number of replacement TDU's as the damaged tree(s), and to guarantee survival of the tree or trees, after the issuance of the certificate of occupancy.
In some cases, tree replacement will be necessary to fulfill the tree density requirement. The following are guidelines for tree replacement to be followed after the construction process:
1.
All trees selected for replacement must be quality specimens free of disease, injury, or infestation, and must be ecologically compatible with the specifically intended growing area, and planted in accordance with standards established by the International Society of Arboriculture.
2.
All new trees planted to fulfill the tree density requirements must be in place prior to the issuance of a certificate of occupancy.
3.
New trees planted under the requirements of this Article which do not survive for twenty-four (24) months after the issuance of a certificate of occupancy, will be replaced as a condition of occupancy. Trees shall be bonded via a maintenance agreement. Bonds will be released after the twenty-four-month period has passed, and the health of the trees has been certified and accepted by the city.
4.
Replacement overstory trees shall not be planted within twenty (20) feet of any structure, or within ten (10) feet of any paved area. Replacement understory trees shall not be planted within ten (10) feet of any structure, or within five (5) feet of any paved area.
5.
Landscape islands and peninsulas in non-residential and institutional parking areas must contain sufficient pervious surface area to accommodate the appropriate replacement tree, in order to insure its longevity, and shall be irrigated.
6.
At least seventy-five (75) percent of the replacement trees must be native trees as indicated in the list of suitable replacement trees.
7.
The minimum diameter for replacement trees shall be two (2) inches as measured six (6) inches above grade.
8.
Vegetation shall be at least five (5) feet from fire hydrants, and shall be maintained as such.
9.
Residential lots shall have proportional share of TDUs per acre, or portion thereof, with a minimum of one (1) overstory tree per dwelling unit (DU), located adjacent to the right-of-way, and spaced eighty (80) to one hundred (100) feet apart.
10.
In order to prevent a mono-crop urban forest, which can be prone to disease, no more than fifty (50) percent of the replacement trees may be of one (1) species. The remaining replacement tree stock must be made up of two (2) additional species.
11.
Where minimum tree density cannot be met due to natural site constraints, or redevelopment status, and not site design or size of the property, the developer/builder may seek permission from the (city manager or designee? City planner? Other?) to donate to the City of College Park landscaping and reforestation fund to compensate for not meeting the requirements of the landscaping ordinance.
SUITABLE OVERSTORY TREES
* Indicates not suitable for parking peninsulas and islands.
SUITABLE UNDERSTORY TREES
SUITABLE SHRUBS
SUITABLE GROUNDCOVER
(selections are not limited to this list)
It is the responsibility of the Engineering Director Chief Building Inspector, or his/her designees to review the TPP to ascertain compliance with the provisions of this Article before a land-disturbance or soil erosion and sediment control permit will be issued. It is the responsibility of the Engineering Director Chief Building Inspector, or his/her designees to conduct a final inspection for compliance with this section before a certificate of occupancy will be granted. The Engineering Director Chief Building Inspector, or his/her designees have the authority to revoke, suspend, or void any land-disturbance permit or soil erosion and sediment control permit, stop all work on-site or any portion thereof, or withhold a certificate of occupancy when there has been a violation of any of the provisions of this Article.
In order to insure the survival of required replacement trees and shrubs, said plant materials may, at the discretion of the City Planner, be bonded under the following circumstances:
1.
Seasonal planting bond. When the time of year is inappropriate for installation of required plant materials, a seasonal planting bond may be utilized for a period of up to six (6) months. This bond allows a project to receive a certificate of occupancy once all other requirements have been met. The seasonal planting bond shall be equal to one hundred (100) percent of the total cost of materials and installation, and will be released upon final inspection and compliance with the approved landscaping plan. Seasonal planting bonds shall be in the form of cash, check, money order, or letter of credit.
2.
Landscape survival bond. All projects that require replacement plant materials shall be required to submit a landscape survival bond, which shall be valid for a period of twenty-four (24) months from the date of the certificate of occupancy. This bond allows for the replacement of plant materials that fail within the twenty-four-month period. The landscape survival bond shall be equal to one hundred (100) percent of the total cost of materials and installation for the first twelve (12) months, and shall be reduced to fifty (50) percent of the total cost of materials and installation for the remainder of the bond period. The landscape survival bond will be released at the end of the twenty-four-month period. Landscape survival bonds shall be in the form of cash, check, money order, or letter of credit. If cash, check, or money order are utilized to secure a bond, the funds will be placed in an interest bearing escrow account.
The city has the authority to levy both civil and administrative penalties for violations of this Article.
A.
Civil penalty. Violation of this Article constitutes a misdemeanor offense, and is punishable by a fine not to exceed one thousand dollars ($1,000.00) per offense. The minimum fine for unauthorized removal of a protected tree is seven hundred fifty dollars ($750.00). In situations of deforestation, or where attempts have been made to remove evidence of a tree (stump removal, etc.), the maximum fine shall be levied. For the purpose of enforcement, each tree removed shall be treated as a separate offense. Each violation of this Article will constitute a separate offense.
B.
Administrative penalty. In the event that protected trees and natural vegetation on a site are damaged or destroyed during the development of said site, the city may choose to render an administrative penalty against the developer. The course of action for administrative penalty shall be:
1.
The building inspections department shall issue an immediate stop-work order.
2.
The City Planner, or his/her designee, shall review the damage and determine the resulting effect upon the approved landscape plan, the site, adjoining properties, and the city in general.
3.
A moratorium may be placed upon the development. Based upon the severity of the actions, the moratorium will last for a period of up to six (6) months, at the discretion of the city manager.
4.
Upon request, the developer shall submit a revised tree protection and landscaping plan for review and approval by the planning and zoning commission.
5.
Once the moratorium has been lifted, the revised tree protection and landscaping plan must be adhered to, in order to avoid further penalty.
Any applicant for a land-disturbance permit, a soil erosion and sediment control permit, or a certificate of occupancy who is aggrieved by any decision of the Engineering Director, or City Planner, relating to the application of this Article shall have the right to appeal the Board of Zoning Appeals, as provided under Article 15 of the City of College Park zoning ordinance.
A.
Purpose. One (1) of the goals and purposes of the landscaping ordinance is to have each development site offset the impact on the environment of such development by means of providing the required landscaping and pervious surface on the site where such impact occurs. Where minimum tree density cannot be met due to natural site constraints or pre-existing development, and not site design or size of the property, the developer/builder may seek permission to donate to the City of College Park landscaping and reforestation fund to compensate for not meeting the requirements of the landscaping ordinance. Unless a variance has been granted by the Board of Zoning Appeals to reduce the size of a buffer, there is no relief from the required landscaping in all buffer zones. Contribution to the landscaping and reforestation fund must be authorized by City Planner, or his/her designee, in accordance with the following criteria:
1.
Natural site constraints and/or pre-existing development prevent the planting of required trees and not development design or the size of the property.
2.
A maximum of fifty (50) percent of required TDUs for a development can be compensated for.
B.
Regardless of pre-existing development or variance status, impervious surface of a candidate site outside of downtown College Park may not exceed seventy-five (75) percent. Regardless of pre-existing development or variance status, impervious surface of a candidate site inside Downtown College Park may not exceed ninety (90) percent impervious surface. Pervious pavers, meeting the requirements of the Georgia Stormwater Management Manual section 3.3.8 for Modular Porous Paver Systems, will be given credit from impervious surface calculations. Pervious paver systems shall be considered fifty (50) percent pervious and fifty (50) percent impervious for purposes of the calculations. Pervious pavers shall be allowed for use on twenty-five (25) percent of the parking spaces in a parking lot. Pervious pavers are not allowed for use as driveways, or where traffic volumes are high or where heavy duty pavement is needed.
C.
Authorization process. To receive authorization, a submittal must be made that includes a completed landscaping and reforestation contribution form and the landscaping plan for the site. Review will be conducted within thirty (30) days.
If approved, donation is to be collected at the time of a mutually established date between the City of College Park Engineering Director and the applicant.
D.
Landscaping and reforestation fund contribution form. The landscaping and reforestation fund contribution form must be completed and submitted along with other required materials to the City Planner for review. The form shall include the following information:
1.
Project name, project description, project address, contact name, company name, telephone number, fax number, email address, date of planning and zoning commission development plan approval, conditions of approval, reason for which contribution is necessary, amount of contribution, all contribution calculations and requirements, acres of site, impervious surface calculation, required TDU's, TDU's to be contributed for, area of impervious surface (in square feet) above the maximum limit, supporting documentation list, City Planner and Engineering Director signatures, city manager signature, and the date the check is to be received.
2.
The submission must also include the following:
a.
Tree protection and landscaping plan.
b.
Any supporting documents requested by the planning or engineering departments.
E.
Assessing cost. In order to compensate for the lack of required landscaping on a given site, land must be obtained by the city, dedicated to open space, planted with the balance of required TDU's, and maintained. In addition, a fixed fee for administrative and consultation services will be incurred. The total cost will be assessed as follows:
1.
Trees. To calculate the cost required for the required TDU's which are lacking from the site, the following rules shall apply. Three different tree types must be used with no more than fifty (50) percent of the trees being of the same species. The provided trees are given credit for each caliper inch at a rate of fifty (50) percent per required TDU. Price quotes from three (3) different landscapers shall be averaged to determine the total cost for the following:
a.
Cost of each tree.
b.
Installation for all trees.
c.
Maintenance cost per tree for two (2) years.
F.
Administrative cost is one hundred fifty dollars ($150.00).
G.
Any incurred consultation fees.
H.
Uses for fund. Donations to this fund serve to offset the lack of pervious surface and landscaping on the site for which a contribution was made. The City Planner and his/her designee(s) will establish and assign priority to all projects for use of funds. In addition to providing landscaping, the city may also initiate and administer such projects that include, but are not limited to the following:
1.
Purchase land or easements where either specimen trees are located or where a suitable site exists for parkland or the planting of trees.
2.
Seek out local, state, federal, and private funds for the purpose of landscaping, reforestation, open space, and green space.
3.
Plant trees and increase landscaping on existing city owned property, including right-of-way as part of a streetscape project.
4.
Promote the observance of National Arbor Day.
5.
Further the awareness and the goals of the landscaping ordinance.
I.
Limitations. The fund cannot be used for the construction of recreational facilities.