The following regulations are designed to promote the health, safety, order, aesthetics and general welfare by protecting against incompatible uses of land, providing for a more attractive urban environment, assuring adequate open space and reducing noise, night lighting, glare, odor, objectionable views, loss of privacy and other adverse impacts and nuisances through the use of buffers and landscaping. This article is also designed to encourage the protection and planting of trees, which are declared to be beneficial public resources, and to prevent the needless, wasteful or purposeless destruction of trees in order to better control problems of flooding, soil erosion and air pollution.

(Ord. of 12-21-2020)

A planted buffer, as defined by this chapter, shall be provided along any rear or side property line of adjacent properties, not separated by road or railroad right-of-way, containing residential and commercial/industrial uses or in other cases as required by this article, provided that no buffer shall extend within 15 feet of a public right-of-way line. Minimum buffer widths shall be established in accordance with the following schedule:

(a)

When a commercial or industrial use in a MI-C or HI district abuts a residential use regardless of ownership, a setback of 50 feet shall be provided including a 25-foot buffer.

(b)

When a commercial use in a LI-C District abuts a residential district, regardless of ownership, a setback of 40 feet shall be provided including a 25-foot buffer.

(c)

When a single-family residence, mobile/manufactured home, modular home or other dwelling is to be built abutting an AG district, a setback of 50 feet shall be provided. When a residential subdivision, preliminarily or final platted after the date of adoption of these regulations is to be built abutting an existing building or structure used to house poultry or commercial livestock on any abutting property, a setback of 100 feet shall be provided including a 50-foot buffer along the entire portion of the property line abutting said building or structure used to house poultry or commercial livestock.

(d)

When a building or structure used to house poultry or commercial livestock is constructed adjacent to a single-family residence, mobile/manufactured home, modular home or other dwelling, a setback of 100 feet shall be provided including a 50-foot buffer along the entire portion of the property line abutting said dwelling, and such buffer shall also extend an additional 100 feet in each direction along said common property line to protect the yard and lot of the dwelling.

A natural buffer, as defined in this chapter, shall be required along all waterways as stipulated in article V and for erosion protection in areas of steep slope development as stipulated in section 68-607.

It shall be the responsibility of the subdivider of any property hereafter divided to designate required setbacks and buffers on preliminary and final subdivision plats.

It shall be the responsibility of the developer upon installation of utilities, streets, etc. to designate required buffers on construction plans and to ensure that existing vegetation within required buffers is maintained unless disturbance of the buffer is approved by the administrative officer as specifically provided herein.

It shall be the responsibility of the property owner of the lot to be used or built upon to maintain existing vegetation within required buffers and to replant where sparsely vegetated or install fencing, walls, etc. as approved to achieve the desired screening. Installation of vegetation, fencing, walls, etc. may be phased in accordance with approved building plans.

(Ord. of 12-21-2020)

All buffers required by this chapter shall conform to the following provisions:

(a)

Utilization will be made of existing vegetation where it has been determined by the administrative officer that existing vegetation is appropriate for inclusion within the buffer or, when found not appropriate, shall be supplemented with approved, additional plantings.

(b)

Disturbance or modification of the natural topography of the land for property improvements or during construction and maintenance activities is to be minimized, except in the following instances that have been approved by the administrative officer.

(1)

Where the land must be cleared and graded as required by the application of laws to prevent soil erosion or sedimentation;

(2)

Where regulations for storm drainage improvements require alteration of the topography;

(3)

Where necessary to prevent a nuisance to thin natural growth that has become so dense as to prohibit normal growth or to remove diseased, misshapen, or dangerous or decayed growth;

(4)

Where access and/or utility crossings have been approved.

(c)

Vegetation planted for screening, except for ground covers, shall be of such type as to be a height of not less than three feet when planted and which will, in normal growth, attain a height of six feet within three years provided, however, that such plant materials can form a hardy screen dense enough and high enough both to interrupt vision and to reduce the transmission of sound.

(d)

Vegetation planted for erosion control shall meet the minimum requirements of this chapter and Chapter 26, Environment of the Code of Habersham County. Required buffers must be well established and maintained to control erosion until completion of the entire project.

(Ord. of 12-21-2020)

In those instances where the natural vegetation and topography are insufficient to achieve the desired level of screening required by this chapter, a planted buffer shall be provided and shall consist of plant material of such growth characteristics as will provide an acoustical and visual screen and/or erosion control barrier. Planted materials shall conform to the following specifications:

(a)

Trees used for screening purposes should be native to the region and shall not be deciduous. Trees should be at least three feet in height above the ground when planted or which will, in normal growth, attain a height of six feet within three years.

(b)

Shrubs that are used to form hedges shall not be deciduous. Shrubs shall be at least two feet above the ground level when planted. They should be spaced in such a way that, when mature, they will form a continuous visual screen (hedge) that is at least six feet in height.

(c)

For purposes of erosion control, ground covers, perennial plants and shrubs shall be placed to facilitate development of a continuous root network within one year or the period of construction, whichever is the greater.

(Ord. of 12-21-2020)

The owner and/or user of the property shall be responsible for installing the trees, shrubs and ground covers and maintaining them in good health in a neat and orderly appearance. This includes irrigating or watering, fertilizing, pruning and replanting where necessary. In cases of non-compliance, the administrative officer shall be empowered to take action as provided by law to ensure maintenance of all plant and landscaping materials.

(Ord. of 12-21-2020)

Where buffers are required, the applicant must demonstrate, whether on appropriate plans or after inspection by the administrative officer, that the plant materials in place or installed achieve the required screening and/or erosion controls. All site plans, plot plans and grading and drainage plans shall indicate all required buffers and landscape strips.

Required buffers, landscape strips and parking lot landscaping shall be installed in accordance with approved plans prior to the issuance of a certificate of occupancy. Certificates of occupancy may be withheld if, after inspection, the required buffers and landscape strips have not been installed in accordance with approved plans. However, owing to special conditions or exceptional circumstance such as drought, said buffers and landscape strips may be installed within 90 days after the issuance of a certificate of occupancy provided that a letter of credit, escrow money, performance bond or other approved alternative is submitted to the administrative officer prior to the issuance of a certificate of occupancy.

(Ord. of 12-21-2020)

The single exception to the buffer, landscape, screening and open space requirements is public and semi-public buildings and uses to house communication equipment, pumps, security or similar such uses, as determined by the administrative officer, located on small parcels that could not normally meet the buffer, landscape, screening and open space requirements in sections 68-1002, 68-1003, 68-1004, 68-1005, and 68-1006.

(Ord. of 12-21-2020)