5.00.01.

Purpose.

A.

The purpose of this chapter is to provide requirements for the landscaping and buffering of developments and for the protection of existing trees in all zoning districts, in order to enrich the urbanized and natural environment of Henry County.

B.

General requirements for landscaping a development site are set forth in section 5.01.00. Requirements for landscaped buffers are set forth in section 5.02.00. Requirements for the protection of trees are set forth in section 5.03.00.

C.

It is the intent of the county to reduce the adverse visual, environmental, and aesthetic effects of development in order to:

1.

Minimize the rate of stormwater runoff;

2.

Maximize the capability of groundwater recharge in urban or suburban areas;

3.

Increase air filtration and the removal of particulate and gaseous pollutants through plant materials;

4.

Provide shade and noise attenuation;

5.

Filter and reduce the glare of headlights and reflected sunlight from parked automobiles onto the public street rights-of-way and adjacent properties;

6.

Improve the appearance of parking areas and vehicular surface areas; and

7.

Minimize the visual blight created by large expanses of paved surface area.

5.00.02.

Applicability and provision of landscape plans.

A.

The requirements of chapter 5 shall apply to all properties to be used, developed, or redeveloped within the county, except as may specifically be exempted in subsection 5.00.02.C., below.

B.

In order to demonstrate compliance with the requirements of this chapter, a landscaping plan shall be submitted with applications for development approval for all development subject to these standards. The requirements and procedures for submittal, review, and approval of all applications are set forth in chapter 12.

C.

The following types of development are exempt from the requirements to provide a landscaping plan:

1.

Single-family dwellings;

2.

Duplex buildings; and

3.

Applications for accessory uses, accessory structures, or temporary uses.

5.00.03.

Maintenance requirements.

A.

All landscaped areas shall be maintained to ensure that plant materials are healthy and thrive. Any diseased or dead plant materials shall be replaced as soon as reasonably possible based on the growing season, but not later than six (6) months following identification of the need for replacement.

B.

Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, and to assure that the landscaped and buffer areas serve the intended purpose.

5.01.01.

Landscape standards for nonresidential development.

A.

Required landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping, and buffer areas shall not be disturbed by grading, property improvements, or construction activities, except where necessary to prevent a nuisance, or to thin natural growth which is too dense to permit normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers.

B.

All landscaped areas, including general landscaping, parking lot landscaping, perimeter landscaping, and buffer areas, shall utilize existing natural vegetation in an undisturbed state provided that the existing vegetation is appropriate for inclusion.

C.

A minimum of twelve (12) percent of the total buildable area in any parcel shall be devoted to landscaping.

D.

The requirement to provide landscaping is in addition to any buffers as required in section 5.02.00.

E.

The site design standards for landscaping are shown in the following table:

Table 5.01.01(E) Site Design Standards for Nonresidential Landscaping

5.01.02.

Residential landscape standards.

A.

Prior to the issuance of a certificate of occupancy, any parcel of land for which a building permit has been requested shall have preserved or planted trees, meeting the following standards:

1.

The minimum dbh is one and one-half (1½) inches.

2.

A minimum of seventy-five (75) percent of planted trees shall be hardwoods.

3.

All recorded lots within a subdivision shall have planted or preserved the required number of trees according to the zoning district, as set forth in subsection 5.01.02.B.

4.

Requirements for planting or preserving trees are in addition to requirements for landscaping and buffer areas but can be included in the landscaping and/or buffer areas.

B.

Tree planting requirements.

Table 5.01.02(B) Tree Planting Requirements

C.

Standards for subdivision entrances. For each subdivision entrance sign located on private property, there shall be a minimum of one (1) large tree, one (1) medium or small tree, and five (5) shrubs. The type, size, and location of these plant materials shall conform to the specifications set forth in section 5.01.04. Plant materials shall not be located to interfere with the clear visibility requirements of section 8.01.07.

5.01.03.

Landscape requirements for parking lots.

A.

Perimeter landscaping for parking lots. A minimum of a ten-foot wide strip of land, located between the property line and a parking lot shall be landscaped. Width of sidewalks shall not be included within the ten-foot wide front setback perimeter landscape area.

B.

Interior landscaping.

1.

Parking lots with twenty (20) or more parking spaces shall provide interior landscaping.

2.

Interior planting areas may be located in tree islands, at the end of parking bays, or between rows of parking spaces. Planting areas may also be located within driveway medians, provided the median is a minimum of ten (10) feet wide.

3.

There shall be one (1) tree required for each two hundred fifty (250) square feet of internal landscape areas.

4.

Parking lots shall be designed so that no more than twelve (12) parking spaces occur in an unbroken row.

5.

Landscape islands, peninsulas, or medians shall conform to the planting area specifications set forth in subsection 5.01.04.E.

6.

Vehicle stops or curbing shall be used to ensure that vehicles do not overhang required landscaped areas.

5.01.04.

Landscape plant material standards.

A.

Trees for landscaped and buffer areas shall be selected from Table 5.01.04(A). Where the planting area is within a power line easement, small trees shall be selected. (Plants noted with * are preferred for buffers; recommended trees for all landscaping and reforestation are noted with #)

B.

Shrubs to be installed in landscaped or buffer areas shall be selected from the following list:

Table 5.01.04(B) Landscape Materials — Shrubs

C.

Grass and ground cover shall be selected from the following list:

Table 5.01.04(C) Landscape Plant Materials — Grass and Ground Cover

D.

All plant materials shall meet the following general requirements:

1.

All plant material shall be nursery grown, number 1 grade, and installed according to accepted planting procedures.

2.

All plant materials shall meet current American Association of Nurseryman Standards.

E.

Plant materials shall meet the following specifications for size and location:

5.01.04(E) Plant Material Specifications

F.

Where both large and medium/small trees are planted, they shall be planted in a double staggered row, alternating large and medium/small trees.

G.

Spacing requirements for trees shall include consideration of trees planted on abutting properties. Trees may be grouped, so long as a sufficient planting area is provided as set forth in paragraph I., below.

H.

Trees shall be planted to avoid septic tanks and drain fields.

I.

Planting areas shall meet the following specifications:

1.

A planting area of one hundred twenty-five (125) square feet shall be required for each medium or large tree.

2.

A planting area of ninety (90) square feet shall be required for each small tree.

3.

The minimum dimension of any side of a planting area shall be ten (10) feet.

J.

Notwithstanding the above, street trees shall be shown on a development landscape plan.

5.02.01.

Purpose and intent. The intent of these requirements shall be to enhance the visual and aesthetic appearance of the county. The purpose of these buffer requirements is to:

A.

Provide space definition and landscape continuity within the built environment;

B.

Provide screening and relief from traffic, noise, heat, glare, odor, and the spread of dust and debris;

C.

Reduce the impact of development on the drainage system and reduce flooding;

D.

Provide for a sense of privacy;

E.

Provide for reduction or elimination of incompatibility;

F.

Reduce the visual impact of unsightly aspects of adjacent development; and

G.

Provide for the separation of spaces.

5.02.02.

Location, measurement, and design of buffers.

A.

Buffers shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffers shall not occupy any portion of an existing, dedicated, or reserved public or private street, or right-of-way.

B.

Buffer width is normally measured from the property line; however, design variations are allowed. Average width shall be measured at the two (2) end points of the buffer and two (2) additional points which are each approximately one-third (⅓) of the total linear distance from the end point.

C.

The buffer shall be designed to avoid or minimize plantings within drainage, utility, or other easements.

D.

Buffers shall be designed taking into consideration the site's soils conditions, topography, and natural resources. Native vegetation shall be used for landscaping and buffering unless the applicant demonstrates that the use of non-native, drought-resistant plants would best serve the site.

E.

Buffers shall be established by the owner of the proposed development site.

F.

Buffers shall be maintained by the property owner.

5.02.03.

Buffer area standards.

Table 5.02.03 Buffer Area Standards

5.02.04.

Plant materials in buffers.

A.

Buffers required for nonresidential uses: Buffers shall be planted with a combination of plant materials.

B.

Existing plants within the designated buffer area shall not be removed, unless the plants are dead or diseased. Where the administrator determines the existing buffer to be inadequate the following plant materials are required for each fifty (50) linear feet of buffer:

1.

One (1) large tree.

2.

Two (2) medium or small trees.

3.

Ten (10) screening shrubs.

C.

Buffers for residential uses: The following plant materials are required for each fifty (50) linear feet of buffer:

1.

One (1) large tree.

2.

Two (2) medium or small trees.

3.

Ten (10) screening shrubs.

D.

Buffer areas shall meet the standards for landscape plant materials set forth in section 5.01.04.

5.03.01.

Purpose. The purpose of this section is to provide for the protection, conservation, and replacement of trees and landscaping in order to improve the urbanized and natural environment of Henry County. It is the policy of Henry County to minimize the removal of trees on development sites and, upon proper site completion, achieve replacement of trees by uniform standards set forth in this section.

5.03.02.

Applicability.

A.

The terms and provisions of this section and the standards set forth shall apply to:

1.

Individuals engaged in any activity, private and/or governmental, on real property which requires the issuance of a land disturbance permit within the county according to subsections 12.02.06.F—H.

2.

Individuals engaged in the building and/or development of single-family homes or subdivisions, multifamily and manufactured home developments, and all nonresidential uses.

3.

Owners of individual properties more than five (5) acres in size and which are not part of a platted subdivision.

B.

Nothing in this section shall be construed to allow the removal of any tree or vegetation in a required stream buffer, watershed buffer, buffer adjacent to waters of the state, or other undisturbed or planted buffer located for protection of natural resources, except where such removal has been specifically authorized as set forth in this ULDC.

5.03.03.

Specific requirements for timber lands.

A.

Land that is used for silviculture shall comply with the requirements of subsection 5.03.03.B. or subsection 5.03.03.C., below.

B.

Land that is declared silviculture shall be exempt from the requirements for tree protection provided that the following conditions are met:

1.

A certificate from the tax assessor indicating agricultural preference;

2.

A forest management plan, demonstrating compliance with the erosion control standards set forth in section 8.05.00; and

3.

A commitment to follow the Georgia Forestry Commission's "Best Management Practices" as set forth in paragraph E., below.

C.

Land that has been designated silviculture may subsequently be developed, provided that a development plan has been prepared and approved by the administrator prior to any clearing, grading, clear-cutting, or other land disturbance. The purpose of the development plan is to ensure that cutting or harvesting of trees occurs in such a manner as to avoid the practice called "clear-cutting" prior to any subsequent development.

D.

Prior to clearing, harvesting, or cutting trees, or any grading or land disturbance, a combined timbering and logging permit shall be obtained from the county, according to procedures set forth in subsection 12.02.06.H. The development plan shall include a forest management plan for the timberlands site. The management plan shall demonstrate compliance with erosion control standards set forth in section 8.05.00, protection of soil and water resources, and compliance with best management practices.

E.

Georgia Forestry Commission's "best management practices" (BMPs) include, but are not limited to:

1.

Analyze and plan site preparation, taking into account all aspects of streamside management zones.

2.

Avoid the cutting of roads or trails unless absolutely necessary. If roads/trails are necessary, do not locate them on ridge-tops and avoid use of soft roads/trails during wet ground conditions.

3.

Avoid harrowing, root raking, or bulldozing.

4.

When forestry activities are completed for a particular period of time, temporary access roads shall be retired. This includes reshaping, mulching, and seeding, in combination with water bars.

5.

Leave logging debris on exposed soil, dry washes, and at points of concentrated drainage from skid trails and road. Do not pile debris in live or wet-weather streams.

6.

Do not service logging equipment where it will have an impact on soil or water quality.

7.

Skidding on steep slopes shall be done on a gradual grade rather than straight up the slope and skidding shall be alternated between several skidding trails to minimize soil exposure and disturbance.

F.

In addition to the BMPs set forth above and by the Georgia Forestry Commission, the property owner shall not conduct any other land disturbing activities for a period of three (3) years after the completion of such forestry practices. (See subsection 8.05.01.A.6.)

5.03.04.

Exemptions. The following situations are exempt from the provisions of section 5.03.00.

A.

Individual homeowners within platted subdivisions. The exemption does not include an exemption from requirements for protective buffers along streams, creeks, and reservoirs as set forth in chapter 3.

B.

All properties for which a covenant has been established with the Henry County Board of Tax Assessors, pursuant to O.C.G.A. §§ 48-5-7.1 and 48-5-7.4, shall be exempt from the terms of this appendix so long as such covenant has not been breached and/or remains in effect.

C.

The following situations within all residential districts shall also be exempted:

1.

Where the addition to a principal structure will constitute structural and exterior changes to the home.

2.

Where the construction of an accessory structure(s) and/or uses including, but not limited to, swimming pools and tennis courts, is permitted, including an accessory residential living facility (a.k.a. guest quarters).

3.

The removal of diseased, deceased, infested or dying trees, or living pine trees or other trees which may pose a danger to an existing or proposed home, or other structure.

4.

Mass grading is allowed for lots ten thousand eight hundred ninety (10,890) square feet or smaller.

5.03.05.

Requirements in all zoning districts.

A.

Residential development plans that propose the mass grading and/or clear-cutting of properties and/or parcels of land which are five (5) acres in size or greater, except as noted in subsection 5.03.04(C), shall be required to implement a master drainage plan and on-site preservation practices in an effort to preserve water quality, as detailed in subsections 12.02.02(3) and 3.03.05(3), respectively. As to each such development, only so much land area shall be cleared as is necessary for the development and construction of roadways, utilities, and amenity areas (i.e., parking lots for clubhouses, pool areas, tennis courts, etc.), and to accomplish the master grading and associated master drainage plan.

B.

Mass grading and clear cutting of any lot in a residential subdivision are prohibited, except as noted in subsection 5.03.04(C), unless a master grading/drainage plan has been approved for the site. On such lots, land area shall be cleared only as is necessary for purposes of the proper development of said lot. Clearing shall be limited to the specific development and an area not to exceed ten (10) feet from the specific development, including areas for:

1.

The placement of the individual home;

2.

The placement of driveways and sidewalks;

3.

The placement of utilities and detention ponds;

4.

The placement of septic systems;

5.

The placement of roads;

6.

The placement of decks and patios; and

7.

Proper drainage as required by the county.

5.03.06.

Protection of trees during construction. Methods and standards for tree protection shall be required as follows:

A.

Trees identified to be preserved and/or planted, and being counted as credit for meeting the requirements of section 5.03.00, shall have a valid, recognizable method of tree-protection (tree-save) marking or delineation installed at the critical root zones.

B.

No person engaged in the construction of any structure(s) or improvement(s) shall encroach on a designated tree-save/critical root zone area with heavy machinery or the storage of heavy building materials.

C.

During construction, a tree save area must be designated around any trees that are to remain at the end of construction. Desirable trees should be identified and a physical barrier set up around the tree or group of trees. This barrier can consist of a four-foot high orange safety fence, wide plastic caution tape, a simple fence made of lumber, or other appropriate methods that can identify the noninvasive drip line area.

D.

The barrier should be placed beyond the drip zone (critical root zone) and should prevent the stockpiling of soil or building materials, dumping cleaning solvents, or parking vehicles or equipment within this barricaded area.

(Ord. No. 17-17, § I, 12-5-17)