(a)

Trees are a valuable community resource that the city desires to conserve and increase. Trees provide food and shelter for wildlife, reduce noise and glare, provide wind breaks, purify the air, control erosion, reduce stormwater runoff, moderate temperatures, increase property value, improve water quality, increase the aesthetic qualities of the environment, and positively influence human behavior.

(b)

This article also establishes standards for buffers and site landscaping. Buffers can be comprised of landscaping, fencing, walls and earth berms and serve to minimize harmful impacts on surrounding uses such as noise, dust, and glare generated by more intense land uses. Buffers can also reduce visual impacts generated by more intense land uses, establish a sense of privacy and protect the public health, safety and welfare of the community.

(a)

Goals. It is the goal of the City of Powder Springs to conserve and maintain as much of its existing tree canopy coverage as possible. The purpose of this article is to provide regulations for tree canopy retention and enhancement, protection of individual trees, landscaping, and buffers that promote the quality of the community through sound developmental processes that protect and enhance community resources. The city also intends to provide flexibility in certain regulations so that the overarching objective of tree canopy can be attained.

(b)

Ancillary objectives. The city hereby recognizes that trees and vegetation may serve other purposes not explicit in this article, including but not limited to: the provision of adequate sunlight for the operation of solar energy, which may conflict with the tree canopy requirements of this article; the use of landscaping techniques to address sun angles and block prevailing winds; and the selection of landscaping types that produce fruits and nuts for consumption. Landscaping and tree provision is hereby recognized as an opportunity for human food production, not merely for their aesthetic and climatic benefits.

The following terms are defined for the purposes of administering this article. All other terms shall be defined using their common meaning, unless specified in other articles of this development code.

ANSI 300 Standards: The generally accepted (consensus) industry standards for tree care practices, developed by the Tree Care Industry Association (TCIA) and written by a committee called the Accredited Standards Committee (ASC) A300. These standards are based on current research and sound practice for writing specifications to manage trees, shrubs, and other woody plants.

Arborist: A professional certified by the International Society of Arboriculture who possesses the technical competence through experience and related training to provide for or supervise the management of trees and other woody plants in the residential, commercial, and public landscape. In the absence of an appointed arborist, the director of community development or designee shall serve as the arborist for the city.

Berm: A mound of earth, or the act of pushing earth into a mound.

Buffer: An area of natural vegetation, which may be replanted or supplemented with additional natural vegetation, which is intended to provide a visual and dimensional separation between dissimilar land uses.

Building envelope: That portion of a development site or lot where principal buildings are authorized to be constructed. The building envelope is that portion of the development site or lot which remains after excluding required front, side, and rear yards (principal building setbacks) and any required buffers.

Caliper: The diameter of a tree that has not yet been planted measured at a point 6" above the ground for up to and including 4" caliper trees, and at a point 12" above the ground for larger sizes.

Critical root zone: The minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The Critical Root Zone (CRZ) will typically be represented by a concentric circle centering on the tree's trunk with a radius equal in feet to 1.5 times the number of inches of the trunk diameter. See also Figure 12-1.

Crown: The leaves and branches of a tree or shrub; the upper portion of a tree from the lowest branch on the trunk to the top.

Decay: Degradation of woody tissue caused by biological organisms.

Deciduous tree: A woody perennial plant consisting of a trunk, scaffold branches and lateral branches with foliage that is cast off annually.

Development site: That portion of a tract of land that is dedicated to a proposed development, including the land containing trees that will be counted toward satisfying the requirements of this article.

Diameter breast height (DBH): The diameter of an existing tree trunk measured at a height of 4½ feet above the ground. If a tree splits into multiple trunks below 4½ feet, all of the trunks will be measured and added together to determine diameter breast height.

Drip line: [see Figure 12-1]

Establishment period: The length of time it takes to successfully establish a tree in the landscape, generally considered to be 3 years from the time of planting.

Evergreen: A plant with foliage that is retained and remains green year-round.

Flush cut: An improper cut made into the stem or parent branch of a limb or branch being removed during pruning, instead of outside the branch collar. Pruning cuts should be in accordance with ANSI 300 Standards.

Ground cover: A low growing plant, other than turf grass, which forms a continuous cover over the ground surface.

Hazard tree: A tree, or any part thereof, that is at risk for failure and threatens the health, safety, or general welfare of a person(s) or property.

Hedge: A row of closely planted shrubs or other plants for the purpose of forming a boundary or fence.

Invasive tree or shrub: Any tree or shrub that is not native and is known to have negative effects on the environment or the economy. Invasive plants commonly threaten the ecosystems of native plants and animals. Certain trees known to be invasive are identified as such on the Powder Springs Non-Native, Invasive Species List.

Landscape plan: A graphic and written document containing criteria and specifications for the arrangement and modification of site features. A landscape plan consists of a site plan indicating the property boundaries and location of proposed plant materials in relation to vegetation to be retained, buildings, parking surfaces and other improvements. A planting schedule and any additional specifications are also included on a landscape plan.

Landscaping: The modification of land for an aesthetic or functional purpose. The area within the boundaries of an individual lot that encompasses the preservation and continued maintenance of existing vegetation as well as installation of trees, shrubs, ground covers, grasses and annuals. Landscaping areas may also include decorative rock, plazas and other decorative pavements, bark, mulch and other similar materials in addition to vegetation and plant material to be retained.

Large canopy tree: A tree with a canopy that covers at least 1,600 square feet at maturity under urban conditions, with crown diameter of at least 45' at maturity.

Leader: A dominant upright stem, usually the main trunk. There can be several leaders in one tree.

Medium canopy tree: A tree with a canopy that covers at least 900 square feet at maturity but less than 1,600 square feet under urban conditions, with a crown diameter of at least 35' at maturity.

Mulch: Organic matter composed of pine straw, leaves, aged wood chips, compost, pine bark, or a combination thereof, that is applied in a layer on the ground over the roots of a tree to retain soil moisture, improve soil texture, cover and suppress the growth of unwanted vegetation, increase soil nutrients, and provide a favorable habitat for beneficial soil organisms.

Native tree: A tree species that naturally occurs in the Piedmont area of Georgia, in which Powder Springs is located.

Natural area: An area containing natural vegetation that will remain undisturbed during and following development of the property.

Opaque: Impenetrable to view, or so obscuring to view that features, buildings, structures, and uses become visually indistinguishable.

Open soil surface area: The minimum area around a planted tree that shall remain in a permeable condition, typically the equivalent diameter as the critical root zone.

Plant material: Living plants, such as trees, shrubs, ground cover, grasses and perennial flowering plants, turf, and vines that are suitable for ornamental and/or functional use.

Protected tree: Any tree planted or conserved to meet the requirements of this article; and any tree on public property; and any tree within a designated tree preservation area.

Pruning: Removal of woody plant parts.

Qualified professional: An arborist, forester, registered landscape architect, the County Extension Agent, the Georgia Forestry Commission, or other professional accepted by the community development director as having the requisite qualifications as a professional with regard to trees and landscaping.

Re-vegetation: The planting of trees and landscape materials on portions a site devoid of vegetation.

Roots: Woody and fibrous (or "feeder") structures extending from the base of the tree trunk and contained primarily within the soil that function to anchor the tree, store food, and absorb water and nutrients. A tree's root system extends out from the trunk generally 2 to 3 times the width of the crown.

Scaffold branches: The primary limbs that form the canopy of a tree. (see Figure 12-2).

Screening: A method of visually shielding or obscuring buildings, structures or uses on one property from view from an adjacent or nearby property through preservation of natural, undisturbed buffers or installation of fencing, walls, berms or densely planted vegetation, or a combination thereof.

Shrub: A self-supporting woody plant that normally reaches a height of less than 15'.

Small canopy tree: A tree with a canopy that covers at least 400 square feet at maturity but less than 900 square feet under urban conditions, with a crown diameter of at least 25' at maturity.

Street tree: A tree that is planted by or with the permission of the city within the right-of-way of a public or private street, or in an easement abutting such right-of-way, generally for purposes of canopy shade, beautification, and cooling of the microclimate.

Topping: The severe pruning of limbs to stubs larger than 3" in diameter to such a degree so as to remove the normal canopy and disfigure the tree.

Tree: Any living, self-supporting woody perennial plant which normally obtains a trunk diameter of at least 2" and a height of at least 10', and typically has one main stem or trunk and many branches.

Tree, hardwood: Any leaf-bearing (not needle-bearing) tree that is not coniferous (cone bearing). This definition is based on local use, and does not necessarily reflect any true qualities of the tree.

Tree, qualifying: Any tree species listed on the Powder Springs Tree Species List, or another tree species that is specifically authorized by the city as a qualifying contributor of tree canopy of 150 square feet or more. Any tree identified on the Powder Springs Tree Species List as an invasive species shall not be considered qualifying trees and shall not be eligible for canopy cover credit.

Tree, softwood: Any coniferous (cone bearing) tree, such as pine, fir, hemlock, cedar, etc. This definition is based on local use and does not necessarily reflect any true qualities of the tree.

Tree, specimen: Any tree in fair or better condition that meets the following standards: 24" diameter breast height (dbh) or larger for large hardwoods such as oaks, maples, hickories, poplars, ash, etc.; 30-inch dbh or larger for large softwoods such as pines, cedars, spruce, etc.

Tree, understory: Any tree that grows beneath canopy trees and generally attains a height of less than 40' at maturity. Understory trees are shade tolerant tree species.

Tree canopy: The total area beneath the drip line of a qualifying tree.

Tree canopy coverage: The total area of a development site or building lot within the tree canopy of all qualifying trees on the site or lot, the actual coverage of which is measured in square feet and which is also required to be expressed as a percentage of the total area of a development site or building lot. Tree canopy coverage includes portions of the development site or building lot with tree canopy extending onto the development site or building lot from an abutting road right-of-way, or easement, or an abutting private lot within a designated tree protection area.

Tree Commission: A commission appointed by the Mayor and City Council primarily to administer division IV of this article pertaining to the planting of street trees; in the absence of appointment of a Tree Commission, the Powder Springs Planning and Zoning Commission shall constitute the Tree Commission. Any person employed by the city as an arborist or serving that function for the city shall be an ex-officio member of the Tree Commission and shall be responsible for advising the Tree Commission.

Tree protection area: An area designated for the purpose of preserving trees, protecting the root systems of trees or preserving natural areas, extending horizontally from the trunk to the critical root zone. For a group of trees, the tree protection zone includes the area within the group of trees and extending horizontally out to the critical root zones of the trees located along the entire perimeter of the group. This definition includes all areas designated for the purpose of meeting tree canopy coverage requirements, saving individual trees, or preserving natural buffers.

Tree species list: A list of trees approved by the city that includes tree species approved for planting in Powder Springs to satisfy the requirements of this article and which may also include information on their characteristics of size, appropriate uses, and growing requirements. The Powder Springs Tree Species List is hereby adopted and made a part of this article as Appendix A.

Trunk: The main stem(s) of a tree, located above ground, extending up from the root system, and supporting the crown. The trunk is responsible for water, nutrient, and carbohydrate transport within the tree and the storage of carbohydrates for future use.

Turf: Ground cover composed of one or more species of perennial grass that is grown as a permanent lawn.

Very small canopy tree: A tree with a canopy that covers at least 150 square feet at maturity but less than 400 square feet under urban conditions, with a crown diameter of at least 15' at maturity.

Wound: An opening that is created any time the tree's protective bark covering is penetrated, cut, or removed, injuring or destroying living tissue.

Xeriscaping: Landscaping characterized by the use of vegetation that is drought-tolerant or requires only low water use.

(a)

Tree protection and tree canopy coverage requirements of this article shall be applied to every activity that requires the issuance of a land disturbance permit under this development code, except for activities otherwise exempted by this article.

(b)

When a tree save area is established and delineated on a recorded subdivision plat, or an approved land development plan, any and all trees within the tree save area delineated on the plat or land development plan shall be preserved by the subdivider and subsequent lot owner except as otherwise exempted or specifically authorized in this article.

(c)

Land disturbance and grading activities shall take place only in accordance with the requirements of this article.

(d)

No person shall cut, carve, or otherwise damage or remove any tree except in accordance with the provisions of this article.

The requirements of this article shall not apply to the following:

(a)

Removal of trees by public utility companies and government agencies conducting operations on public and utility rights-of-way and easements or on sites for electric power substations and similar facilities.

(b)

Horticultural operations such as farms, nurseries or orchards.

(c)

Property in use for tree harvesting or other agricultural activities. No person or firm harvesting standing timber for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant shall be required to obtain any city permit for such harvesting or hauling of forest products (Reference: O.C.G.A. § 12-6-24).

(d)

Removal of trees from detention ponds and drainage easements where necessary for construction, maintenance or operation of such ponds or drainage improvements.

(e)

Removal of any dead tree, or any "hazard" tree as defined.

(a)

Administration. This article shall be administered and interpreted by the community development director. The director may but is not required to delegate the functions of administering this article to a city arborist or other designee. For purposes of this article, reference to the "city" shall be construed as the community development director, unless the context clearly indicates otherwise.

(b)

Inspections. The community development director or designee is authorized and assigned the duty to conduct inspections to ensure that the provisions of this article are met. This authority includes the adoption of procedures for inspections and the recoupment of an inspections fee if established by resolution by the Powder Springs Mayor and City Council.

The Powder Springs Mayor and Council is authorized to grant variances to this article in accordance with article 14 of this development code.

(a)

Generally. Inspections shall be required to ensure that the purposes and provisions of this article are met.

(b)

Preliminary inspection. A development site or lot shall be inspected with the applicant or his or her agent prior to plan review for the purpose of identifying options for tree conservation, compliance with technical standards and enforcement procedures. The preliminary inspection may be used to confirm the accuracy of any tree survey required to be submitted.

(c)

Tree protection inspection. An inspection shall be made prior to issuance of a land disturbance permit to ensure that all tree protection measures required at that time have been installed, and following land disturbance to ensure the required protection of trees is continued.

(d)

Periodic inspections. Additional site inspections may occur periodically or at any time during development or construction or encroachment to ensure that all requirements of this article are being met.

(e)

Certificate of occupancy inspection. A site inspection shall be required prior to issuance of a certificate of occupancy for the purpose of ensuring that all applicable requirements of this article have been met.

A Tree Commission is hereby established to administer certain portions of this article pertaining primarily to the planting of street trees. Unless a separate Tree Commission is appointed by the Mayor and City Council, the Powder Springs Planning and Zoning Commission shall serve as the Tree Commission. Any person employed by the city as an arborist or serving that function for the city shall be an ex-officio member of the Tree Commission and shall be responsible for advising the Tree Commission.

(a)

Generally. Unless otherwise exempt from the requirements of this article, prior to engaging in land subdivision, land disturbance, or land development, it shall be the duty of land developers and subdividers to calculate existing tree canopy coverage on any site to be subdivided, disturbed or developed.

(b)

Sites of 2 acres or more. When the site to be subdivided, disturbed, or developed consists of 2 acres or more, the subdivider or land developer shall submit a tree canopy coverage survey prepared by a qualified professional, showing the location of existing tree canopy coverage on the development site or lot. The survey shall include a calculation of existing tree canopy coverage, i.e., percent of total site area comprised of tree canopy coverage. Tree canopy coverage provided by the existing tree canopy will be determined by actual measurement of the square footage of the canopy of qualifying trees or contiguous stand of qualifying trees, except that sampling methods may substitute for actual measurements of tree canopy coverage for sites of 10 acres or more.

(c)

Sites less than 2 acres. For sites less than 2 acres, the extent of tree canopy coverage can be estimated based on a current or reasonably current (i.e., not more than 3 years from the date an application for subdivision, land disturbance, or land development is submitted) aerial photograph of the site. In cases where an aerial photograph is used to determine tree canopy cover of a given site, a copy of the aerial photograph shall be provided as part of application for subdivision, land disturbance, or land development. Estimates of tree canopy coverage should be verified in the field by the applicant (with notation of date of field verification so noted in the application) and are subject to verification in the field by the city.

(a)

Existing tree canopy on the parcel of land to be subdivided, disturbed or developed should be retained to the maximum extent possible. Land developers and subdividers will be required to consider designing land development in a way that protects existing trees to the maximum extent possible, while allowing for reasonable development of the site as more fully described in this section.

(b)

In general, healthy, native trees that are 20 or more inches diameter breast height and significant stands of trees are the highest priority for preservation and conversely trees that exhibit poor form, individual pines or trees that do not appear on the Powder Springs Tree Species List are not considered a priority for preservation. However, specific characteristics of the trees, site and surrounding area should be considered and may call for different priorities, such as native tree growth rates and trees identified in the Powder Springs Tree Species List, buffering natural resources, preventing erosion or slope destabilization, and limiting impacts on adjacent sites.

(c)

Where no tree canopy exists on the site to be subdivided, disturbed, or developed, the applicant shall indicate such in the application for subdivision, land disturbance, or land development.

(a)

Findings. Retention of existing tree coverage is in the public interest and also in the interest of the subdivider or land developer because retention of existing trees and tree canopies is the most cost effective way to meet the tree canopy coverage requirements of this division.

(b)

Stream buffers. Existing trees shall not be removed from any stream buffer required by state law or required by the soil erosion and sedimentation control regulations of this development code, unless specifically authorized via variance by the Mayor and City Council, and the first 25' of stream buffer closest to the stream bed shall not be disturbed unless specifically authorized via variance by the Director of the Georgia Department of Natural Resources Environmental Protection Division.

(c)

Tree save areas. Existing trees within a tree save area designated on a recorded subdivision plat or approved land development plan shall not be removed except as otherwise specifically authorized via variance by the Mayor and City Council. Existing tree canopy within such a tree save area shall be maintained unless specifically authorized by the city for reduction in accordance with this article.

(d)

Zoning buffers. Existing trees within natural vegetative buffer required by this development code shall not be removed except as otherwise specifically authorized by the buffer provisions of this Development Code or unless a variance is granted by the Mayor and City Council in accordance with this development code.

(e)

Clearcutting limits. The community development director shall not authorize a development plan that proposes the clearing of more than 8 acres of land (other than clearing for infrastructure) without the specific authorization of the Mayor and City Council.

(f)

Phasing of clearing. Clearing for other than installation of infrastructure, right-of-way, or parking areas (for commercial, industrial or institutional developments) on a subsequent phase may not begin until 50% of the structures in the previous phase have been issued building permits and 25% of the structures in the previous phase have been issued certificates of occupancy.

(g)

Retention of existing canopy. Where a development site or lot has existing tree canopy, no more than 75% of the existing tree canopy coverage of the site or lot shall be removed.

(h)

Existing pine tree canopy. Where existing pines already comprise 50% or more of the required minimum tree canopy coverage, no more pine trees if planted shall be credited toward meeting the minimum required tree canopy coverage.

(a)

Minimum ratios. All subdivisions and land developments shall meet the minimum tree canopy coverage requirements for the land use as indicated in Table 12-1.

Table 12-1
Minimum Tree Canopy Coverage Requirements by Land Use

(b)

Determination, uncertainty, and interpretation. With respect to classifying a land use for purposes of this section, the director of community development shall determine the land use as that use is the principal use of the development site or lot. The director shall be authorized to interpret the land use classifications in Table 12-1 in cases of uncertainty.

(c)

Timing of compliance. Compliance with the requirements of this section will be determined at the time of development plan review (including review of tree save areas and a landscaping plan proposing tree canopy) for a land development and at the time of preliminary subdivision plat review for a subdivision if required or final plat approval if no preliminary plat is required.

(d)

Canopy cover credit for individual trees. For the purposes of this article, the tree canopy cover that is credited to an individual tree shall be either the actual square foot area of the crown's projection directly down onto the ground, or the tree canopy coverage at maturity as specified for the species as listed in the Powder Springs Tree Species List, whichever is greater. Any tree of a species not on the Powder Springs Tree Species List shall be given the tree canopy cover at maturity for the size typical of the species using standard landscaping references.

(e)

Tree canopy credit for specimen trees. On development sites or lots, existing specimen trees retained and protected per this article shall be given twice the future tree canopy listed in the Powder Springs Tree Species List or twice the actual tree canopy, whichever is greater. In such cases, the area of tree canopy for which credit is given shall always remain in tree canopy, and there shall be no other use of the area other than for tree growth. The area shall remain permeable and undeveloped.

(f)

Compliance at maturity. For purposes of this Section, a development site or subdivision shall be determined to be in compliance with the requirements of this section at the time any trees on the site are planted at the time of occupancy, even though the trees planted may not have reached maturity such that they provide the tree canopy area for that tree as designated in the Powder Springs Tree Species List. That is to say, compliance will be determined per all existing tree canopy coverage plus that mature tree canopy coverage that will ultimately result from the tree plantings, for the tree or trees as indicated in the Powder Springs Tree Species List.

(g)

Existing canopy. Development sites and subdivisions which have existing trees which result in a tree canopy coverage that meets or exceeds the requirements of Table 12-1 will not be required to plant additional trees, except as may be required to meet parking lot landscaping, landscape strip, and/or buffer requirements of this development code. For purposes of this section, the tree canopy credited to an individual tree shall be either the actual area of the canopy of the tree projected onto the ground, or the tree canopy at maturity for the species as listed in the Powder Springs Tree Species List, whichever is greater.

(h)

Platted and developed single-family residential lots. Any lot that is recorded and which contains a detached, single-family residence as the principal use of the lot shall meet the 20% minimum tree canopy coverage requirement of this section, if canopy existed at time of adoption of this article. In cases where the minimum tree canopy did not exist, the existing tree canopy on a lot shall be maintained. The city may issue additional development permissions such as a building permit to enlarge the dwelling or the addition of an accessory structure, on the lot even though it does not comply with this 20% minimum tree canopy coverage requirement of this section. However, such lots are not exempt from protecting trees within any tree protection area designated on an approved development plan or a recorded plat for the lot. Individual lots within said subdivision shall not be required to attain the 20% requirement for residential, single-family as specified in Table 12-1.

(i)

Single-family residential subdivisions and individual lots within. A subdivision designed for detached, single-family dwellings shall comply with this section at the time of preliminary plat approval, if required, or final plat approval if no preliminary plat is required. This means that the total site area included within the subdivision shall be required to meet the requirements of this section and that individual lots within a subdivision shall not be subject to the requirements of this section.

(j)

Maintenance. The required tree canopy, saved and planted, shall be maintained in perpetuity. Property owners shall have a continuing obligation to maintain the tree canopy percentage coverage required by this division.

(k)

Exemption for lakes and ponds. The area within natural or manmade bodies of water of 2 or more acres may be subtracted from calculations of tree canopy required.

(a)

When required. When a development site or subdivision does not meet the minimum tree canopy coverage required by this section 12-14 via the maintenance of existing trees on site at the time of development or subdivision, respectively, the developer or subdivider shall be required to plant trees on the development site or in the subdivision's boundaries sufficient to meet the requirements of section 12-14. In cases where the maintenance of trees required by section 12-14 is calculated for the subdivision as a whole, individual lots shall be planted to meet the minimum tree canopy requirement.

(b)

Locations. Trees may be planted throughout the development site or lot, although preference should be given to parking lots, and the front yard of the property.

(c)

Species selection standards. Species shall be selected that are tolerant of growing conditions on the site, including growing space, sunlight, soil moisture, temperature and soil volume. No more than 30% of all trees planted on a lot shall be of any one species.

(d)

Pine tree limitation. Where trees must be added to achieve the required tree canopy coverage requirement for the development site or lot, pine trees shall not comprise more than 50% of the tree canopy planted.

(a)

Tree bank established. An alternative means of compliance may be available in certain instances, called the Powder Springs Tree Bank, which is hereby established.

(b)

Purchase of canopy credits. If the city determines that tree canopy coverage requirements of this division cannot be met on a particular site, due to lack of existing tree canopy coverage, a lack of suitable places on the development site, or within the subdivision to plant trees for canopy, or other condition that renders it impractical to fully comply with this division, owners of property confirmed by the city as being unable to achieve the tree canopy coverage requirements of this division on a particular site may at their option purchase canopy credits from the Powder Springs Tree Bank to compensate for tree canopy deficits.

(c)

Calculation of the cost of canopy credits. Canopy deficit is calculated by subtracting the area of tree canopy achieved on site by saved and planted trees from the required tree canopy coverage, rounded up to the nearest 250 square foot increment. Each 250-square foot increment shall equal one canopy credit. Canopy credits may be purchased from the Powder Springs Tree Bank at a cost of $375.00 per credit. This cost assignment is based on average wholesale cost for trees of various sizes that would provide comparable canopy, plus shipping, labor, installation, and a 2-year maintenance program.

(d)

Use of funds. Funds maintained in the Powder Springs Tree Bank shall be administered by the department of community development with consultation by the Tree Commission and shall be used exclusively for increasing, managing and maintaining tree canopy and tree safety on public property. The Tree Commission shall establish an annual program for administration of these funds.

(a)

If the city determines that tree canopy coverage requirements of this division cannot be met on a particular site, due to lack of existing tree canopy coverage, a lack of suitable places on the development site, or within the subdivision to plant trees for canopy, or other condition that renders it impractical to fully comply with this division, owners of property confirmed by the city as being unable to achieve the tree canopy coverage requirements of this division on a particular site may be authorized to plant trees at an alternative location as determined by the community development director with consultation from the Tree Commission.

(b)

The first priority for such alternative tree planting location shall be the right-of-way in front of the property in question, if space for street tree planting is available. If such space is not available, the community development director with consultation from the Tree Commission may establish planting priorities for public street rights-of-ways or other public lands, or within easements on private properties abutting street rights-of-ways which do not already have street trees alongside them.

(c)

The public works director must authorize all street tree plantings as not in conflict with street, sidewalk, utility, and line-of-sight functions.

The Powder Springs Tree Species List is hereby adopted and attached as an appendix to this article.

(a)

Quality. Trees planted to satisfy the requirements of this article shall meet minimum quality standards as established in ANSI 300 standards, as officially revised from time to time.

(b)

Caliper and height. Trees shall be a minimum of 2" inches in caliper for deciduous trees, a minimum of 8' in height for evergreen trees, and a minimum of one-inch caliper per trunk for multi-stemmed trees at the time of planting.

(c)

Critical root zone protection. Grading, excavating, or locating utilities within the critical root zones of trees shall be prohibited. No activity or materials, including solvents, construction equipment, portable toilets, construction trailers or temporary soil deposits shall encroach or be placed within the critical root zone of any tree protected under the requirements of this article.

(d)

Soil depth. The soil within an area intended for tree planting shall be well aerated to a minimum depth of 8"; soils in tree planting islands surrounded by pavement shall be well aerated to a minimum depth of 18".

(e)

Soil composition. The soil shall contain a minimum of 5% organic matter. Soil pH shall be within a range of 5.8 to 7.0.

(f)

Watering. Trees shall be "watered in" at the time of planting to eliminate air pockets.

(g)

Staking. Tree staking is not required, but if installed, shall be removed by the tree owner no later than 6 months after planting.

(h)

Mulching. Trees shall be mulched immediately in accordance with the mulching ANSI 300 standards as may be revised from time to time.

(i)

Additional technical standards. The city with consultation by the Tree Commission may establish additional technical specifications or standard drawings for planting trees which if adopted by the Mayor and City Council will be enforced by the city.

(a)

No person shall plant, spray, fertilize, prune, top, remove or otherwise disturb any tree on any road right-of-way or public property without first securing written permission from the city.

(b)

Unless exempt from the provisions of this article, no person shall remove or otherwise disturb trees on private property except in accordance with the requirements of this article.

Unless exempt from the provisions of this article, prior to commencement of any alteration, defoliation, land disturbance, or development, a tree protection and planting plan prepared by a qualified professional shall be submitted to the city. This will typically be accomplished via the development permit and submission, review, and approval of the plan must take place prior to the issuance of a development permit.

The following information shall also be included on the tree protection and planting plan:

(a)

The extent, location and species of existing trees on the development site or building lot; and

(b)

Identification of any tree species, whether existing or proposed to be planted, not on the Powder Springs Tree Species List; and

(c)

A spatial delineation of tree canopy coverage on the site and calculation of the existing tree canopy coverage as a percentage of total development site area or lot; and

(d)

The boundaries of all tree save areas; and

(e)

Location of and specifications for tree protection fencing for individual trees or tree stands to be saved; and

(f)

The extent, location and species of trees proposed to be removed; and

(g)

The extent, location and species of trees to be planted on the development site or building lot to meet the requirements of this article which shall also be shown in a tree planting schedule that includes Latin names species common names, caliper at time of planting, number of trees by each species type, and percentage of total trees planted for each species. Trees shall not be planted directly on property boundaries. No more than 30% of all trees planted on a lot shall be of any one species.

(a)

Delineation on plans. When a tree protection area is required or established pursuant to this article and the property is to be developed it shall be delineated on land development plans including grading plans.

(b)

Delineation on plats. When a tree protection area is required or established pursuant to this article and the property is to be subdivided, the tree protection area shall be delineated on preliminary and final subdivision plats as tree protection areas.

(c)

Tree protection fencing required. Trees protection areas on private property shall be actively protected during development with tree protection fencing, installed at the boundaries of all tree save areas prior to any land development or land disturbance activity. Tree fencing shall be comprised of chain-link fencing, orange laminated plastic fencing supported by posts, wooden post and rail fencing, or other equivalent barrier. Tree protection fencing required by this section shall remain in place until construction activities cease, or a certificate of occupancy is issued, or city authorization to remove is given, whichever is later. (see Figure 12-5)

(d)

Tree save area signs required. Prior to any land development or land disturbance activity, tree protection signs shall be installed. Signs shall be installed along the perimeter of all tree save areas a minimum of every 50' and shall include the following text: "Tree Protection Area, Do Not Enter" in both English and Spanish. The signs shall be fabricated of a sturdy material, shall be a minimum of 18" by 24", and shall be placed on a sturdy post with the bottom of the sign a minimum height of 30" above grade. The signs must remain present at all times during land disturbance and building construction.

(e)

Non-disturbance. Tree save areas shall remain in a natural, undisturbed condition; activities related to development within a tree save area shall be prohibited. This specifically includes prohibition of the following: vehicle or equipment traffic or storage; materials or supplies storage; placement of temporary or permanent structures; equipment maintenance or washout; wounding of tree trunks; wounding or breakage of limbs or branches greater than 4" in diameter; topping or other improper pruning, such as stub cuts or flush cuts; fires or excessive heat from equipment exhausts; site or lot clearing or grubbing; soil excavation or soil cuts or fills; grading; trenching; tilling; soil compaction; top dressing with fill or soil greater than 2" in depth; and paving.

Any tree designated on tree protection and planting plan to be used to comply with the required tree canopy and therefore, to be saved, that is damaged during construction or as a result of construction as determined by the city such that removal is required shall be treated according to ANSI 300 standards or replaced with a tree or trees equal to the tree canopy area and of a similar species. Any specimen tree damaged shall be replaced with trees equal to twice the canopy area at maturity of the tree so damaged.

(a)

The property owner or his or her assigns shall replace any protected tree that dies or is removed from a site if such removal results in a tree canopy coverage less than that required by this article, or any other deficiency with regard to meeting the requirements of this article. Replacement is required by the next planting season with a tree of the same or similar species and projected canopy size at maturity.

(b)

Replacement of specimen trees shall be at the rate of twice the actual tree canopy of the specimen tree or twice the tree canopy at maturity, whichever is greater.

A permit is not required for the removal of trees, however property owners are encouraged to receive determinations per section (e) below prior to tree removal. This section provides clarification and additional provisions with respect to tree removal.

(a)

Exemptions. Tree removal is authorized when such tree removal is consistent with section 12-5, "Exemptions." That section includes the removal of dead or hazard trees and specifies other exemptions.

(b)

Protected trees. Subject to exemptions specifically authorized, no authorization shall be given by the city to remove trees in any of the following circumstances, except by approval of a variance, variances may be approved administratively if accompanied by a report by a certified arborist: (1) when located within any tree protection area recorded on a final subdivision plat or established on approved land development plans; (2) any tree within any stream buffer established or required by the city's soil erosion control ordinance and this development code (which if involving disturbance of the first 25' of stream buffer closest to the stream bed, must also obtain variance approval from the Georgia Department of Natural Resources); (3) any tree within a buffer between incompatible uses as required by or as established pursuant to this article; (4) specimen tree and (5) any tree saved or planted to meet the requirements of this article, as indicated on approved tree protection or landscaping plans on file with the city.

(c)

Replacement. It shall be the responsibility of each lot owner to maintain compliance with the tree canopy requirements of this Article. If the removal of trees, including dead or hazard trees, would cause the lot to no longer comply with the minimum tree canopy coverage requirements of this article, then the lot owner shall be obligated to replace the removed trees as required by section 12-26 of this division.

(d)

Tree removal on lots containing a single-family dwelling. On lots containing an existing detached, single-family dwelling, trees may be removed only in accordance with the provisions of this section. Existing single-family lots on which a single-family detached dwelling exists shall not be required to file tree protection and tree conservation plans as otherwise required by this division for tree removal of 10 of fewer trees in an 18 month period. Tree removal requests of more than 10 trees will be require a simplified tree protection and tree conservation plan. A lot containing a detached single-family dwelling that does not meet the minimum tree canopy coverage requirements of this article shall not remove any trees unless tree removal is compensated with tree planting that will at maturity provide tree canopy equivalent to that removed.

(e)

Inspections, determinations and authorizations. The community development director may upon request of a property owner inspect trees proposed to be removed. The director may issue letters of determination or authorization upon request of a property owner, indicating whether the contemplated removal of trees is in compliance with this section and this article generally. This development code authorizes enforcement in cases where noncompliance is determined.

(a)

Required. Independent of and in addition to all other requirements of this article, street trees are required along all new public and private streets.

(b)

Public streets. When a new public street is developed as a part of subdivision, the subdivider shall install street trees in accordance with this division and as indicated in an approved application for preliminary plat, prior to the dedication of the public street.

(c)

Private streets. When a new private street is developed as part of a subdivision or land development, the subdivider or land developer shall install street trees in accordance with this division and as indicated in an approved application for preliminary plat or development permit, at the time specified in the approved plat or plan application.

(d)

Agreement to defer. The city may accept an alternative arrangement where some but not all of the responsibility to plant street trees is deferred to builders, homeowners associations, and/or individual lot owners. In cases where an agreement to defer street tree planting is approved by the city, the entity named responsible for the planting of street trees shall install them in accordance with this division and as indicated in any specifications made a part of the agreement. Any such agreement shall be in a form acceptable to the city attorney.

(a)

Street trees shall be planted within the right-of-way of the street or, where the right-of-way width is insufficient to accommodate street trees or there is no assigned right-of-way for a private street, street trees may be planted on private property; provided, however, that the city may require an easement dedicated to the city for street trees planted on private property abutting public or private streets. (see Figure 12-6)

(b)

Actual locations of individual street trees shall be subject to approval of the city. The public works director must authorize all street tree plantings as not in conflict with street, sidewalk utility, and line-of-sight functions. Street trees shall not be allowed which obstruct the vision of motorist or that encroach into vision clearance zones or required sight visibility triangles. Root barriers for street trees shall be installed where roots threaten to cause sidewalk to buckle (see Figure 12-6 for detail).

(c)

Street trees shall not be planted within 30' of the intersection of public or private streets; within 20' of street light and utility poles; within 10' of existing walls, fences, signs, driveways, or fire hydrants; or within 5' of existing underground utility corridors and sidewalks.

(d)

Street trees shall be spaced at appropriate intervals considering the canopy size and height of the tree at maturity. Generally, this means that there should be a minimum spacing of 15' for very small canopy, 20' for small canopy, 40' for medium canopy, and 60' or more for large canopy trees at maturity.

(e)

When street trees are proposed to be planted under or within 5' of overhead power lines or utilities, only those trees classified as "very small" or "small" in Appendix A, Powder Springs Tree Species List may be planted. Additionally, underneath or near overhead power lines or utilities, only those species indicated with an "X" or "XX" (i.e., good or especially good) with regard to utility corridors in the Powder Springs Tree Species List should be planted.

(a)

Number and spacing. One street tree shall be planted along every street frontage at a quantity equal to one tree per 40' of property frontage. Normally, this will mean the street trees are planted, thus being distributed more or less evenly along the street frontage for maximum shade coverage. However, line-of-sight requirements at street intersections and driveways may necessitate modification of the spacing and exact location of street trees. Furthermore, a more informal tree grouping of street trees may be approved rather than rows with equal spacing of street trees.

(b)

Accommodation of existing trees. Where one or more healthy trees already exist along the street frontage in such a way as to obviate the need for street tree planting, the city may waive or partially waive the tree centering requirement.

(c)

Species. Street trees shall be selected from the species listed on the Powder Springs Tree Species List. The community development director in consultation with the Tree Commission may establish specific priorities and the species type or mixture of species type which if specified shall be followed. The director with consultation by the Tree Commission may also authorize species not on the Powder Springs Tree Species List to be planted as street trees.

(d)

Root barriers. The street tree plan shall propose, and the community development director shall require, installation of root barriers, in accordance with manufacturer's specifications, when trees are planted within 5' of a sidewalk, curb, paved surface, or underground utility corridor. Street trees installed between a sidewalk and curb and gutter shall require root barriers along both the sidewalk and the curb. Street trees installed between an underground utility corridor and a sidewalk shall require root barriers along both the utility corridor and the sidewalk. The street tree plan shall identify all street trees that require installation of root barriers. The linear distance of the root barrier shall be determined based on the critical root zone of the tree at maturity but in most instances shall be no less than 20' in length (10' from the trunk of the tree in each direction) parallel to the improvement to be protected.

(e)

Material and depth specifications for root barriers. Street tree root barriers can be made of durable high-density polyethylene or thick plastic, metal, or herbicide-impregnated cloth, buried vertically in the soil. Effective depths depend upon soil texture. Usually 18" to 24" in vertical depth is required for protection. Install root barriers by trenching along the area to be protected. See Figure 12-6. Root Barrier Detail.

(a)

While the responsibility for planting and maintaining street trees is assigned to private parties, the City of Powder Springs shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety and maintenance of street trees and landscaping.

(b)

No person shall plant, spray, fertilize, prune, remove or otherwise disturb any tree on any street right-of-way or public property without first securing written permission from the city.

(c)

It shall be unlawful for any person or firm to top or severely prune any street tree, or other tree on public property.

(a)

Buffers shall be established as required by this development code and any applicable conditions of zoning or other development approvals.

(b)

A buffer shall be required between any multi-family or nonresidential development project along a side or rear lot line that abuts a less intense land use, as provided in Table 12-2.

Table 12-2
Situations Where Buffer Required

(a)

When required. Buffers required by this division shall be established at the time of construction of any new development on the lot for which a buffer is required by this division.

(b)

Width. The width of the buffer shall be as specified in this development code, except as otherwise specifically permitted to be reduced in accordance with this division.

(c)

Undisturbed. Buffers required by this division shall remain undisturbed, except where necessary to add vegetation to meet screening requirements, unless encroachments are specifically authorized by this section.

(d)

Screening. The buffer must be sufficiently dense to substantially obstruct the view (i.e., near maximum opacity) from the normal level of a first-story window on an abutting lot from the ground to a minimum height of 6', within 2 growing seasons. Where the existing vegetation within a required buffer does not achieve the desired screening, additional trees and shrubs shall be installed in accordance with the specifications of Table 12-3; provided, however, that the community development director may approve modifications to the specifications of Table 12-3, including the incorporation of deciduous vegetation within the buffer, when the application of alternative planting specifications achieves an equivalent or greater amount of year-round screening.

Table 12-3
Planting Specifications by Required Buffer Width

(e)

Encroachments. Required buffer areas shall contain no driveways, parking areas, patios, stormwater detention facilities, or any other structures or accessory uses, except that a fence or wall may in certain instances be erected as provided in section 12-43 as alternative compliance to meet the visual screening required to meet the buffer requirements of this development code. Underground utilities may be permitted to cross a buffer if the screening standards of this development code will be subsequently achieved. Vehicular access through a buffer may be allowed only by approval of the Mayor and City Council.

(f)

Protection. Natural buffers required by this division shall be protected during land development and construction in accordance with the tree protection provisions of this article.

(a)

Reduction. The community development director may approve a reduction in the required buffer width to a width of no less than 75% of the buffer width otherwise required, but no less than 10'; provided that a 6' high fence or masonry wall is installed along the innermost portion of a required buffer and not on the property line.

(b)

Fencing. If fencing is authorized to be utilized in a buffer, the fence must be constructed of rot-resistant material or protected from deterioration with water-proofing material. The finished or decorative face of the fence shall be oriented toward the exterior of the property (abutting site to be screened) rather than the interior of the property on which the fence is located. Fences must be maintained in good order and shall be replaced if damaged or repaired if in disrepair.

(c)

Earthen berm. If an earthen berm is authorized to be established in lieu of a full-width buffer, the earthen berm shall have a maximum side slope of 50% (one foot of vertical rise to 2' of horizontal run). Earthen berms shall not be constructed within the drip line of any existing trees that will remain on the property.

The Mayor and City Council may waive a buffer requirement or reduce its extent to a temporarily appropriate level of screening if the comprehensive plan anticipates future development on the adjoining property in a land use category such that a buffer would not be required by this development code once the adjoining property is rezoned or developed.

Every required buffer shall be maintained by the owner of the property where the buffer is located, so as to provide an opaque visual screen to a height of 6' on a continuous, year-round basis.

(a)

The landscaping requirements of this division shall apply to all land uses for which a development permit or building permit is required to be issued, except for lots containing detached, single-family or 2-family dwellings.

(b)

The exemption of individual lots containing detached, single-family and 2-family dwellings shall not be construed to exempt the filing of a landscape plan for residential subdivision entrances and/or landscaping installation on common areas within such subdivision.

(a)

Width required. A front landscape strip with an average width as specified in article 2, Table 2-4, for the zoning district in which the property is located, is required and shall be installed prior to a certificate of occupancy, except that this section shall not apply to lots containing detached, single-family and 2-family dwellings, regardless of zoning district and notwithstanding the requirements of article 2, table 2-4. The community development director may permit existing natural vegetation of comparable width to be retained and can allow such natural vegetation to satisfy the requirements of this section.

(b)

Frontage landscaped. Required front landscape strips shall be installed in accordance with this section along the entire property line fronting the street, except for approved access crossings.

(c)

Variation. The width of a required landscape strip may be varied, provided that the total area within the front landscape strip provided meets or exceeds the amount of landscaped area as would be achieved if the average width front landscape strip were planted; provided, however, that no required front landscape strip shall be reduced to a width of less than 3'. The purpose of varying the width of the required front landscape strip is to accommodate such features as sidewalks connecting to the public street, fire hydrants or other public improvements if located within an easement on private property, and signs. Within the area counted as a front landscape strip, decorative walls or other decorative features may be approved by the community development director.

(d)

Relation to tree canopy and street trees. The required front landscape strip shall be the priority location for the planting of trees as may be required to comply with division II (Canopy) of this article and in some cases to comply with division IV (Street Trees) of this article. Each front landscape strip shall have canopy trees planted at 40' on center for the entire length except for approved access crossings. It may be necessary to provide a wider front landscape strip than that required by this development code in order to provide canopy trees, in which case a front landscape strip width should be varied to provide wider planting spaces for canopy trees and street trees, while narrowing the width (no less than 3') of the front landscape strip in other portions to meet the required average.

(e)

Parking lot hedge screen. All vehicle parking lots with 5 spaces or more abutting or within 20' of a public or private street right-of-way shall be screened by planting (in addition to canopy trees) 10 shrubs for every 40 linear feet of street frontage, excluding driveways.

(f)

Alternative screens. The community development director may approve other methods of screening vehicle parking lots with 5 spaces or more abutting or within 20' of a public or private street right-of-way, when the planting of shrubs conflicts with priorities for tree canopy. Alternatives include but are not limited to the following: using existing natural vegetation retained and supplemented as necessary with vegetation where sparsely vegetated to form an effective screen; an earth berm 3' above the finished grade of the parking lot nearest the street as measured at the crest of the berm, with 5 shrubs planted for every 40 linear feet of street frontage excluding driveways; or a brick, stone, or finished concrete wall having a minimum height of 3', in combination with 5 shrubs planted for every 40 linear feet of street frontage excluding driveways. Combinations of these options along lengthier frontages are to be encouraged to achieve the objective of maintaining and enhancing tree canopy.

(g)

Stormwater best management practices (BMPs). Stormwater BMPs may be applied or incorporated within front landscaping strips, and a front landscaping strip may if appropriate be accepted as a BMP.

(a)

Landscaping alongside or paralleling side lot lines is optional, but landscaping areas large enough to accommodate individual trees or tree stands should be provided where necessary to meet tree canopy coverage requirements of this article.

(b)

If vehicle parking lots with 5 spaces or more will be visible from the fronting street along the side property line, a parking lot hedge screen or another alternative screen along that visible edge of the vehicle parking lot will be required and shall be installed.

(c)

One canopy tree shall be provided for each 40' of side landscaping length, if side landscaping is provided.

(d)

Stormwater best management practices (BMPs) may be applied or incorporated within side landscaping strips, and a side landscaping strip may if appropriate be accepted as a BMP.

(a)

Tree canopy cover in parking areas. One parking lot canopy tree for each 10 parking spaces is required and shall be installed; provided, however, that a parking lot consisting of fewer than 10 spaces may incorporate the required parking lot trees around its perimeter. No more than 10 contiguous parking spaces shall be allowed without a minimum of one landscape island or peninsula containing trees. Existing trees if retained may qualify for parking lot canopy trees. (see Figure 12-8)

(b)

Minimum dimension of landscape islands. A landscape island shall have a minimum width of 9' and minimum depth of 16' measured from interior face of curb to interior face of curb; however, wider (12 or more feet) landscaping islands are strongly encouraged and may be required to provide sufficient growing area for certain canopy tree species selected. (See Figure 12-9).

(c)

Minimum planting. Each landscape island shall contain a minimum of one canopy tree having a minimum caliper of 3" at the time of planting. Saved trees may also qualify for meeting these interior parking lot tree canopy requirements.

(d)

Setback for tree planting. No canopy tree shall be planted within 4' of the edge of parking lot pavement or curb.

(e)

Size of canopy tree. Large canopy trees shall be planting in interior islands or peninsulas if adequate root area can be provided. However, one medium canopy tree may be planted in a landscape island or peninsula with a minimum dimension of 9' by 16'. Where parking lots are designed with a parking lot end island that is 9' by 32' to 36', the end island may be planted with either one large canopy tree or 2 medium canopy trees.

(f)

Stormwater infiltration. The surface of landscaped islands shall be slightly concave, to promote stormwater infiltration. In addition, approval may be granted for parking lots designed such that stormwater is directed to one or more interior parking lot landscaping islands to facilitate infiltration.

(g)

Location. Unless required otherwise by this article, the location of landscape islands may occur at the end of parking bays, and as extensions to front or side landscape strips. Trees shall not be allowed which obstruct the vision of a motorist or that encroach into vision clearance zones or required sight visibility triangles.

(h)

Planting strips. Planting strips in the interior of a parking lot are encouraged and may be required in parking lots of 24 or more spaces, in order to ensure adequate distribution of tree canopy coverage on the development site. When such a parking strip is provided, it shall have a minimum width of 9' from interior face of curb to interior face of curb to accommodate trees.

(a)

Landscaping obstructions to sight visibility and clearance. Landscaping shall not obstruct the view of motorists or pedestrians, e.g., shrubs planted in inappropriate locations or maintained at an inappropriate height, or low hanging branches of trees. Trees shall be pruned to yield a clear trunk a minimum of 8' above finished grade to allow safe clearance beneath the tree.

(b)

Native plants. The use of native plants is encouraged.

(c)

Invasive species. Invasive or potentially invasive plants are prohibited. See Appendix A of this article for a list of invasive species not authorized to be used.

(d)

Shrubs in relation to trees. The planting of perennial shrubs, herbaceous plants, turf, sod or ground cover is limited to the outer two-thirds of a tree protection zone for a saved tree and no closer than 2-1/2' from the trunk of a planted tree.

(e)

Xeriscaping and water conservation. Xeriscaping is encouraged. Ground covers should be used to supplement landscaping in appropriate areas to reduce extensive grass lawns that require regular watering in drought conditions.

(f)

Grass. Grass lawn areas should be sodded. However, if grass seed must be used, it shall be a variety suitable to the area that produces complete coverage.

(g)

Artificial landscaping. No artificial plants, trees or other vegetation shall be installed.

(h)

Root barriers. Such barriers shall be installed as prescribed in section 12-33 in all site landscaping applications.

(a)

A landscape plan prepared by a qualified professional shall be required for all development subject to the requirements of this division.

(b)

Landscaping plans are subject to approval by the city prior to issuance of a development or building permit to demonstrate compliance with the provisions of this article.

(c)

Landscaping plans will typically be reviewed and approved by the city during the process of issuing a development permit, or if no development permit is required, a building permit.

(d)

The landscaping plan shall be prepared in conjunction with preparation of the tree protection and planting plan required by this article. The landscaping plan may be presented as a separate drawing from the tree protection and planting plan required by section 12-22 of this article; if presented on separate sheets, the landscaping plan shall be consistent and not present any conflicts with the tree protection and planting plan.

A landscape plan required by this division shall include the following, unless the community development director waives certain submission requirements:

(a)

Location and type of existing vegetation, including the location of all specimen trees;

(b)

Existing vegetation to be saved;

(c)

Methods and details for protecting existing vegetation during construction, including tree save areas;

(d)

Locations and labels for all proposed plants in relation to driveways, parking areas, buildings, easements, rights-of-ways, and tree save areas.

(e)

A plant list showing the proposed quantities of shrubs, ground cover, vines, or other planted materials and, if applicable, minimum required quantities;

(f)

Location and description of other landscape improvements, such as earth berms, walls, or fences, if proposed;

(g)

Reference shall be made to the boundary survey on which the plan is based;

(h)

The plan shall be prepared at an engineering scale;

(i)

The plan shall be stamped with professional seal and signed by a landscape architect, unless the community development director accepts a landscape plan prepared by another qualified professional.

(a)

Maintenance. The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the maintenance and protection of all landscaping required pursuant to this article.

(b)

Financial guarantee. Prior to issuance of a certificate of occupancy, the developer or owner may be required to post a performance guarantee, guaranteeing all landscaping materials and work for a period of two years following approval or acceptance by the City of Powder Springs. The following types of guarantees may be considered and accepted, subject to the approval of the city attorney:

1.

An escrow of funds with the city; or

2.

An escrow with a bank or savings and loan association upon which the city can draw; or

3.

An irrevocable letter of commitment or credit upon which the city can draw; or

4.

A certificate of deposit with assignment letter.

(c)

Financial guarantee amount. All required financial guarantees shall be in the amount of ten percent of the estimated cost of replacing all of the landscaping required by these specifications, unless otherwise specified by the community development director.

(d)

Inspection and release. At the end of the two-year period, the city shall inspect the property and notify the owner or developer of any deficiencies to be corrected. If the site landscaping is determined to be in compliance with the approved plan and well maintained, the community development director shall release the financial guarantee.

(Ord. No. 2024-011, § 1(Exh.), 6-3-2024)

Editor's note— Ord. No. 2024-011, § 1(Exh.), adopted June 3, 2024, amended § 12-58 in its entirety to read as herein set out. Former § 12-58 pertained to landscape maintenance and landscape surety.

APPENDIX 12-A
POWDER SPRINGS TREE SPECIES LIST

The Powder Springs Tree Species List is intended to support the development code, site planning and design activities for tree conservation and establishment, and tree maintenance planning and decision-making. In the list, trees are arranged alphabetically by the tree's common name with the "genus" listed first. For example, red maple is listed as "Maple, Red" (maple is the genus name). The Latin name is also listed for more definitive species identification. In some cases, the commonly planted varieties or cultivars of the species have been included apart from the species.

Key to Symbols and Tree Species Characteristic Descriptions

Shrubs - these plants are not eligible for tree canopy credit

Grasses - these plants are not eligible for tree canopy credit

Vines and ground covers - these plants are not eligible for tree density credits

Non-Native, Invasive Species — will not be approved for any landscape plantings