A.

The purpose of these standards is to facilitate the preservation, planting and/or replacement of trees and to prevent the indiscriminate removal of trees in the city without denying the reasonable use and enjoyment of real property as a part of land development in the city.

B.

The City of Stockbridge city council hereby finds that the preservation of existing trees is a public purpose that protects the public health, safety, general welfare, and aesthetics of Stockbridge and all its citizens.

C.

Stockbridge citizens enjoy many benefits that can be directly attributed to our trees.

1.

Trees produce oxygen, which is essential to the well-being of all animal life, including humans.

2.

Trees help to reduce the amounts of airborne pollutants.

3.

Trees and their foliage intercept dust and particulate matter, thereby helping to purify the air.

4.

Trees and their root systems reduce soil erosion and stormwater runoff. This decreases sedimentation problems and improves water quality.

5.

Trees provide food and shelter for wildlife.

6.

Trees provide screening, which in turns aids in the reduction of noise and glare.

7.

Trees help moderate our air temperature to provide us with a comfortable environment.

8.

Trees provide scenic amenities to soften the harshness of city buildings and streets. They are aesthetically pleasing to all that view them.

9.

Trees may affect property values and can have a positive impact upon the economy of an area.

10.

Trees enhance the natural functions of streams and related buffers.

D.

The purpose of these standards is to provide standards for the preservation of trees as part of the land development process.

E.

The purpose of these standards is to prevent clear-cutting and mass grading of land that results in the loss of mature trees, and to ensure appropriate replanting when tree loss does occur.

F.

The purpose of these standards is to protect trees during construction to enhance the quality of life in the city.

G.

The purpose of these standards is to protect trees in construction of public facilities and utilities.

A.

The terms and provisions of the tree protection ordinance shall apply to all real property in the City of Stockbridge city limits except as otherwise provided in this section.

B.

The terms and provisions of the tree protection ordinance shall further apply to any residential or non-residential development which requires the issuance of a land disturbance permit, development permit, or building permit, except as otherwise provided in this section.

C.

The terms and provisions of the tree protection ordinance shall also apply to development on any city-owned property, including property owned by city agencies, boards, and authorities, except as otherwise provided in this section.

A.

The following shall be exempt from the provisions of this chapter:

1.

The removal of five (5) or fewer trees, other than specimen trees, on any single-family residential property, within a single calendar year.

2.

The removal of more than five (5) trees, other than specimen trees, from an owner-occupied, single-family lot may be approved by the director if the owner must remove trees to build a newly permitted structure, or to build an addition to or make improvements to an existing structure where the tree is a physical detriment to the structure, or to improve the health of other trees in the landscape.

3.

Zonings conditioned to a specific site plan prior to adoption of the tree protection ordinance, provided that said zoning contains specific conditions for both tree preservation and tree replacement.

4.

The removal of trees found to be diseased, or insect infested by the county extension service, the State forestry commission, a certified arborist, or urban forester.

5.

Grandfathered projects.

a.

This tree protection ordinance shall not apply to any portion of a property included within the limits of a valid and complete application for a land disturbance permit or preliminary plat approval where said application has proceeded through and completed first round red line review by the community development director or to commercial site plans that have been reviewed and red lined by the community development department and which were received by the director or his/her designee prior the adoption of the ordinance from which this chapter is derived, provided that all time constraints relating to the permit issued shall be observed.

6.

The removal of trees from horticultural properties, such as farms, nurseries or orchards. This exemption shall not include tree harvesting.

7.

The removal of any dead, dying, or hazardous (DDH) tree which has become, or threatens to become, a danger to human life or property. The owner/developer, prior to removal of the DDH tree(s), shall provide a report from a professional arborist to the director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal. However, in the case of immediate danger to life and property the tree may be taken down and an inspection requested to verify the condition of the tree.

8.

The removal of trees for agricultural activities on land zoned rural residential.

9.

The necessary removal of trees by a utility company within dedicated utility easements provided alternative methods to trenching are used when possible, including boring and tunneling.

10.

The removal of trees for building permits that do not require or authorize land disturbance.

11.

The removal of trees on public rights-of-way conducted by, on behalf of, or any activity pursuant to work to be dedicated to, a Federal, State, county, municipal or other governmental agency in pursuance of its lawful activities or functions in the construction or improvement of public right-of-way.

"Buffer" means land area used to visibly separate one (1) parcel or land use from another through screening and physical distance to shield or block noise, light, glare, visual or other conditions, and to minimize physical passage to dissimilar uses. Buffers also protect the water resources of Georgia when adjacent to streams. Buffer widths vary depending upon the zoning district and the adjacent zoning district and conditions of zoning. Specific types of buffers include:

1.

"Natural/undisturbed buffer" means land area in which there is no disturbance, including, but not limited to, removal of understory trees or vegetation, except for maintenance or removal of hazardous and/or invasive trees and plants, or for approved perpendicular access and utility crossings. Existing vegetation may qualify to be a natural buffer, if sufficient vegetation exists within the required buffer width, the vegetation can be fully protected during construction, and the existing vegetation can be proven to be substantially similar to the required plantings of a new buffer and/or is sufficiently visibly dense to be accepted by the city as equivalent to a planted buffer once mature.

2.

"Enhanced natural buffer" means land area where an existing natural buffer is found to be inadequate and therefore requires additional vegetative screening. No disturbance is allowed except for maintenance or removal of and/or invasive trees and plants, or for approved perpendicular access, utility crossings and the addition of vegetative screening.

3.

"Maintained landscape buffer" means land area in which grading is allowed and re-vegetation to a buffer is required specific to a zoning case. Buffer must be replanted but also maintained per approved landscape plan and not allowed to revert to a natural/undisturbed buffer.

4.

"Stream buffer (State)" means "The area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat." The definition of stream buffer is governed by Georgia Law, O.C.G.A. § 12-7-3(2).

5.

"Stream buffer (local)," with respect to a stream, means a natural or enhanced vegetated area, lying adjacent to the stream.

6.

"Structural buffer" means a buffer that creates a visual screen through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one (1) side to the other throughout the year.

7.

"Zoning buffer" means a buffer required by the zoning ordinance or as a condition of zoning, special use or variance approval for a specific property.

"Caliper" means a standard of trunk measurement for understory or replacement trees. Caliper inches are measured at the height of six (6) inches above the ground for trees up to and including four-inch caliper and twelve (12) inches above the ground for trees larger than four-inch caliper.

"Canopy tree" means a tree that when mature commonly reaches a height greater than forty (40) feet.

"City" means the City of Stockbridge, Georgia.

Clearing/clear cutting" means the broad removal of all trees and/or vegetation from an area, whether by cutting or other means.

"Construction buffer" means a type of buffer which is temporary and remains in effect during the construction of a project.

"Critical root zone" means the minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient critical root zone (CRZ) and will typically be an area represented by a circle centered on the tree's trunk with a radius equal to one (1) foot per one (1) inch of trunk diameter at breast height (DBH). Example, a twelve-inch diameter tree at breast height (twelve (12) inches DBH) would have a twelve-foot radius circle (twenty-four-foot diameter circle) which represents the critical root zone (CRZ).

"Dead, dying, or hazardous tree (DDH)" means a tree that has structural defects in the roots, stem, or branches that may cause the tree or a part of the tree to fail, where such failure may cause property damage or personal injury.

"Tree defects." Tree defects can be of two (2) kinds: Injury or disease that seriously weakens the stems, roots, or branches of trees, predisposing them to fail or structural problems arising from poor tree architecture. Tree hazards include dead or dying trees, dead parts of live trees, or unstable live trees due to structural defects or other factors that are within striking distance of people or property.

"Deciduous tree" means a tree that drops foliage at one (1) season of the year, generally in autumn.

"Department" means the City of Stockbridge community development department, as established by the City of Stockbridge city council, and as operated through the actions and administration of the director or his/her designee.

"Development activity" means any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit.

"Development permit" means a permit that is issued by the city that authorizes development activity, and includes, but is not limited to, a land disturbance permit or building permit.

"Development regulations" means the adopted regulations providing for the subdivision and development of real property within the city, as amended from time to time by the city council.

"Diameter at breast height (DBH)" means the diameter of a tree is to be measured by one (1) of the following methods:

1.

For existing trees: The standard measure for existing trees on site is diameter at breast height (DBH). The tree trunk diameter is measured at a height of four and one half (4½) feet above ground level on the uphill side of the tree. If a tree splits into multiple trunks below four and one half (4½) feet, measure each trunk individually for total DBH. Crepe Myrtles are excluded from this total DBH requirement. Simply the largest diameter trunk shall qualify for Crepe Myrtles.

2.

For newly planted trees: The standard measure for newly planted trees will be the caliper of the trunk six (6) inches above the ground level.

"Director" means the director of the community development department or his/her designee.

"Dripline" means a line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground, i.e., the line enclosing the area directly beneath the tree's crown from which rainfall would drip.

"Floodplain, one hundred-year" means those lands subject to flooding, which have at least a one percent (1%) probability of flooding occurrence in any calendar year; and specifically, the floodplain as shown on the flood boundary and floodway map as prepared by the Federal Emergency Management Agency (FEMA).

"Evergreen" means a plant that maintains foliage throughout the entire year.

"Grading" means the placement, removal, or movement of earth by use of mechanical equipment on a property.

"Grubbing" means the removal of stumps or roots from a site.

"Impervious surface" means those areas which prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other fabric or plastic coverings.

"Invasive plant" means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems. A landscape architect or certified arborist shall be required to identify invasive species.

"Land disturbance permit (LDP)" means any permit other than a building permit issued by City of Stockbridge that authorizes clearing or grading activities on a site or portion of a site. Said permit may be clearing, clearing and grubbing, grading, or development permit as defined and authorized under the development regulations of the City of Stockbridge.

"Landscape strip" means land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.

"Native plant" means a plant that is a part of the balance of nature that has developed over hundreds or thousands of years in a particular region or ecosystem. Note: The word native should always be used with a geographic qualifier (that is, native to the Southeast [for example]). Only plants found in this country before European settlement are considered to be native to the United States.

"Pervious surface" means those areas which do not prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to or after development.

"Saved tree" means a tree in which the critical root zone has not been disturbed by more than twenty-five percent (25%).

"Screening" means a method of shielding or obscuring one (1) abutting or nearby structure or use from another by opaque fencing, walls, berms, densely planted vegetation, or the like.

"Shrub" means a woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk.

"Significant tree" means any existing, healthy, living tree eight (8) inches DBH or greater in size.

"Specimen tree" means any tree which has been determined by a registered landscape architect or the director to be of high value because of type, size, age, and/or of historical significance, or other professional criteria, and has been so designated in administrative standards established by the city. This is usually a plant with desirable form, foliage, fruit, or flower that can be emphasized although isolated

"Timber harvesting" means the felling, loading, and transporting of timber products (pulpwood, etc.). The term "timber harvesting" may include both clear cutting and selective cutting of timber.

"Tree" means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three (3) inches at any point and a height of over twelve (12) feet.

"Tree density unit (TDU)" means a credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this chapter.

"Tree density standard (TDS)" means the minimum number of tree density units per acre which must be achieved on a property after development.

"Tree planting list" means the recommended species of replacement trees listed in Appendix "A" to this chapter.

"Tree protection area" means any portion of a site wherein are located existing trees which are proposed to be preserved to comply with the requirements of this chapter.

"Tree removal" means the physical act of cutting down and removing a tree from a site.

"Tree replacement/protection plan" means a plan that identifies tree protection areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information.

"Tree thinning" means selective cutting or thinning of trees only for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way, shall be construed as clear cutting.

"Understory tree" means a tree that, when mature, reaches a height between twelve (12) and thirty-five (35) feet.

A.

Application Requirements.

1.

Pre-Application Conference. Prior to submission of an application for development, the applicant is required to meet with the director or his/her designee to discuss the tree protection ordinance as it relates to the applicant's property. The purpose of the pre-application conference is to clarify the provisions and procedures of the tree protection ordinance and review applicable standards and guidelines for the submittal of documents and required tree protection, replacement, and maintenance measures.

2.

Tree Survey. Except as provided elsewhere in this section, a tree survey prepared and sealed by a registered surveyor or certified engineer, arborist or landscape architect, shall be required as part of any application for a land disturbance permit, development permit, building permit or preliminary subdivision plat. All trees eight (8) inches (DBH) and larger shall be identified. Specimen trees shall be identified by size, species, and location with an indication whether they are to be retained or removed. Trees larger than two (2) inches (DBH) may be identified and counted for unit credit on the tree protection plan. All specimen trees and all trees that are to be counted toward meeting density requirements must be shown on the survey and inventoried by size (caliper or DBH, whichever is applicable) and species. All tree protection zones and tree save areas must be delineated on the plan. All buffers with existing trees must be delineated on plans as tree save areas. With the prior approval of the director or his/her designee, sampling methods may be used to determine tree densities for forested areas.

B.

Tree Protection Plan. A tree protection plan shall be submitted with other permit drawings as part of the development permits process. This plan may either be a separate drawing, or part of a landscape plan, and shall include the following information:

1.

Definition of spatial limits:

a.

Limits of land disturbance, clearing, grading, and trenching;

b.

Tree save areas;

c.

Specimen trees; and

d.

Areas of revegetation.

2.

Detailed drawings of tree protection measures and their location:

a.

Location, species, and size (DBH) of existing significant trees and an indication of which significant trees would remain on the site;

b.

Tree fences;

c.

Erosion control fences;

d.

Tree protection signs;

e.

Tree wells;

f.

Aeration systems;

g.

Transplanting specifications;

h.

Staking specifications; and

i.

Other applicable drawings as determined by the director or his/her designee.

3.

The tree protection plan shall show all utility lines existing and proposed, including irrigation and electric lines. The applicant shall coordinate the location of these utility lines with the utility companies to prevent root damage within the critical root zones of protected trees, and to minimize damage to trees located in protected zones.

4.

Procedures and schedules for the implementation, installation, and maintenance of tree protection measures.

5.

Calculations of tree density proposed on site per [Section 13.6], Tree Preservation and Replacement Requirements.

6.

Tree Protection Inspection. Following the receipt of a complete application, the director or his/her designee shall schedule and conduct an inspection of the proposed development site. The applicant or applicant's designee shall be advised as to the date and time of the inspection and given an opportunity to participate.

7.

Following inspection said plans shall be reviewed by the director or his/her designee for conformance with applicable zoning conditions, the tree protection ordinance, and any applicable administrative guidelines, and will either be approved or denied. Reasons for denial shall be noted on the tree protection plan or otherwise stated in writing.

8.

No development or building permit shall be issued until the tree protection plan has been approved by the director or his/her designee.

9.

All tree protection measures shall be installed prior to land disturbance.

C.

Final Inspection. No certificate of occupancy shall be issued by the director or his/her designee with respect to any permit subject to this section unless and until the director or his/her designee shall have inspected the site and confirmed that all existing trees to remain are in healthy condition and all replacement trees have been planted in accordance with this section.

D.

Issuance of a building or land development permit shall be conditioned on the approved tree protection plan and conformance to the provisions of these regulations. Any permit may be voided if its terms are violated.

The following tree preservation and replacement requirements are hereby established:

A.

If significant trees exist on a tract of land for which a permit subject to this section is sought, either one hundred twenty (120) inches (DBH) per acre or twenty-five percent (25%) of existing significant trees per acre of such significant trees, whichever is less, shall be preserved on the site. Trees and tree save areas counting toward this requirement on sites zoned OI, C-1, C-2, C-3, LI, or HI may be located in stream buffers and State buffer zones, transitional buffer zones and designated floodplains.

If the director or his/her designee determines that special constraints of a site result in an inability to build or develop without removing significant trees on a site, where there are only one hundred twenty (120) inches (DBH) per acre or less of existing significant trees, the director or his/her designee may permit the removal of one (1) or more significant trees. Trees removed pursuant to this section must be replaced with trees totaling one (1) times the diameter inches of those inches removed.

B.

There shall be at least two (2) two-inch (DBH) overstory trees in every front yard of properties zoned RR and SR. There shall be at least one (1) two-inch (DBH) overstory tree in every front yard of properties zoned CCR and MFR.

C.

The applicant shall landscape the areas with trees and other plant materials in accordance with the following standards:

1.

Residential Developments. All residential subdivisions shall have an average density of fifteen (15) density units per acre. Required trees may be located on individual lots or in subdivisions in which there is commonly owned property may be located on such commonly owned property.

2.

Nonresidential and Multifamily Developments. The quantity of total existing/replacement trees on site must be sufficient to produce a total site density factor of no less than thirty (30) density units per acre.

D.

Procedures for calculating the required tree density are provided in Charts 1, 2 and 3 of this section. Tree unit values are assigned as follows:

CHART 1.
Conversion From Diameter To Density Factor Units For Existing Deciduous Trees To Remain On Site

CHART 2.
Conversion from Diameter to Density Factor Units for Evergreens and Conifers

CHART 3.
Conversion from Caliper Diameter to Density Factor Units for Deciduous Replacement Trees

Container-grown pine trees are given replacement value as follows:

The use of one- and three-gallon pines will be permitted only with prior approval. There will be no replacement value given for such trees.

E.

Nothing in these regulations shall be construed to allow the removal of any tree or vegetation in a required stream buffer, transitional buffer zone or State buffer zone except buffer improvements as authorized by the director.

F.

Tree relocation and credit for existing trees replacement units will be granted to trees relocated on site. Tree relocation is subject to approval of the city arborist or designee. Existing trees between two (2) caliper inches and seven and nine-tenths (7.9) caliper inches may be used for credit on the tree replacement plan.

G.

Understory Vegetation. Tree preservation areas shall leave intact the naturally occurring groundcover and understory vegetation except where directed otherwise by the director or his/her designee in order to allow the removal of undesirable groundcover or understory vegetation.

H.

Specimen Trees.

1.

Specimen trees shall be identified by the director, or his/her designee, and shall be located on the tree protection plan.

2.

Standards for the identification, preservation, and protection of specimen trees shall be as follows: Any tree in fair or better condition which equals or exceeds the following diameter sizes:

a.

Large hardwoods, i.e. oaks, hickories, tulip poplars, and similar species: Thirty (30) inches DBH.

b.

Large softwoods, i.e. pines, evergreens, and similar species: Thirty (30) inches DBH.

c.

Small trees, i.e. dogwoods, redbuds, sourwoods, and similar species: Ten (10) inches DBH.

3.

A tree in fair or better condition should meet the following minimum standards:

a.

A life expectancy of greater than fifteen (15) years.

b.

A relatively sound and solid trunk with no extensive decay or hollow, and less than twenty percent (20%) radial trunk dieback.

c.

No major insect or pathological problem.

4.

A lesser-sized tree can be considered a specimen if:

a.

It is a rare or unusual species or of historical significance.

b.

It is specifically used by a builder, developer, or design professional as a focal point in a project or landscape.

c.

It is a tree with exceptional aesthetic quality.

5.

The director or his/her designee may identify and require the preservation of a tree stand if it contains one (1) or more specimen trees and the specimen trees are interlocked with other members of the stand in such a way as to imperil the specimen tree if other members of the stand were to be removed.

6.

Any specimen tree removed from a parcel shall be replaced by one and one-half (1.5) times the equivalent inches (DBH) of replacement trees or existing trees in excess of the requirements of Section 13.6, Tree Preservation and Replacement Requirements, using species with potentials for comparable size and quality at maturity.

I.

Protection of Trees During Construction.

1.

Trees identified to be preserved and counted as credit for meeting required unit density shall have four-foot tall orange tree protection fencing installed six (6) feet beyond the perimeter of the critical root zones.

2.

No person engaged in the construction of any structure(s) or improvement(s) or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six (6) feet of the area outside the critical root zone as defined herein, or any existing significant tree within a tree save area, transitional buffer zone, stream buffer, or State buffer zone.

3.

All tree protection devices must remain in functioning condition until completion of the project or until the certificate of occupancy is issued.

4.

Any tree, designated in the plan to be saved, which is negligently damaged during construction or as a result of negligent construction, as determined by the director or his/her designee, shall be treated according to accepted National Arborists Association standards. If fatally damaged, trees shall be replaced with four-inch caliper trees equal to the unit value of the tree removed. However, any specimen tree negligently damaged as described above shall be replaced with four-inch caliper trees equal to one and one-half (1.5) times the equivalent inches (DBH) of the tree removed or damaged.

J.

Removal of Trees from Floodplain not Permitted. Trees shall not be cut or removed from the floodplain, except as follows:

1.

Those trees found to be diseased or insect infested by the county extension service, the Georgia Forestry Commission, a certified arborist, or a certified forester. The owner/developer, prior to removal of the diseased or infested tree(s), shall provide a report from a professional arborist to [the] director prior to tree removal. This report shall identify the conditions of the tree(s) that necessitate removal.

2.

As necessary for construction, repair or maintenance of public roads, utilities or stormwater management facilities.

3.

As part of an approved wetland mitigation plan.

A.

The tree protection plan shall include planting schedules with proposed tree names (botanical and common), quantity, size, spacing, and any special planting notes. Trees used for credit on the tree replacement plan must be chosen from the preferred list attached hereto as Appendix A to this section. At least fifty percent (50%) of replacement trees must be overstory trees; no more than twenty-five percent (25%) may be of any single species, and no more than twenty-five percent (25%) may be evergreen species.

B.

Unless otherwise approved by the director or his/her designee, trees selected for replanting must meet the minimum standards as provided in the American Standard for Nursery Stock (ANSI Z60.1, 1980) and must be on the tree species selection list found in Appendix A to this section. Trees selected must be free of injury, pests, disease, nutritional disorders, or root defects, and must be in good vigor to assure a reasonable expectation of survival. Standards for transplanting shall be in keeping with those established in the International Society of Arboriculture publication Tree and Shrub Planting Manual or a similar publication.

C.

It is desirable that replanted trees be ecologically compatible with the site and neighboring sites. When practical, the replanted trees shall be of the same or similar species as those removed.

D.

Replacement trees shall be planted in manner that provides adequate space for nourishment, light, and maturation as recommended by the director or his/her designee.

E.

Planting and staking details shall be specified in the required tree protection plan.

Selective timber harvesting may be permitted upon authorization by the director or his/her designee. Permits authorizing tree harvesting shall be in accordance with the following standards:

A.

A seventy-five-foot wide undisturbed buffer shall be provided and maintained along the entire perimeter of the property, including road frontages, during the land disturbing activity, except for authorized access crossings.

B.

Notwithstanding the other provisions of this section, no property owner shall be required to preserve an undisturbed buffer that covers more than twenty-five percent (25%) of the total land area of the property, excluding area inside the one-hundred-year floodplain. In any such case, an alternative buffer width shall be provided, as determined by the director pursuant to its review of the application for a tree harvesting permit.

C.

The property shall be required to meet a tree density standard of thirty (30) units per acre, not including the seventy-five-foot buffer, upon completion of authorized land disturbing activities.

D.

The owner/applicant shall utilize the recommended best management practices as established by the Georgia Forestry Commission.

E.

Once timber harvesting takes place in conformity with the above regulations, no development of the property shall be permitted that would require the cutting of trees preserved under [Section] 14.2, General Applicability, and [Section] 14.6, Tree Preservation and Replacement, for a period of five (5) years following authorization of tree harvesting.

Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this tree protection ordinance, and following acceptance by the community development department in accordance with the issuance of a land disturbance permit, development permit, or building permit, the owner shall either provide proof of warranty or post a maintenance bond or other acceptable surety, warranting the new trees, shrubs or landscape material for a period of no less than one (1) year.

A.

The community development department shall perform an inspection of the plantings and landscape materials required by this Code prior to expiration of the one-year warranty or maintenance period. The owner shall be notified of any replacements or restoration that must be made to maintain compliance with this Code or conditions of zoning, special use or variance approval.

B.

Required landscape material found to be dead or near death shall be replaced prior to release by the community development department of the warranty of maintenance surety. In no case shall replacement be delayed greater than thirty (30) days from notification unless a performance bond is posted with the community development department.

A.

Compliance Prior to Certificate of Occupancy or Final Plat Approval. In the event that new trees proposed to be planted to achieve the tree density standard as set forth and contained herein, or other trees or landscape material required to be planted as set forth in Section 4.6, Buffer Regulations, and/or Section 4.7, Landscape Regulations, are not installed upon application for a certificate of occupancy or final plat approval as appropriate to the project, then a performance bond or other acceptable surety in an amount equal to one hundred ten percent (110%) of the value of new trees or landscape material and their installation shall be posted with the community development department in accordance with the performance bonding requirements and provisions of the procedures and permits section of this UDC.

B.

Compliance Upon Permit Completion or Expiration. Properties where a permit is issued to conduct land disturbing activities that do not require the issuance of a certificate of occupancy or the approval of a final plat, or said activities as authorized are completed or the permit expires, shall comply with the tree density standard of this section as follows:

1.

Clearing, Clearing and Grubbing, or Grading Only Permits. Replacement trees proposed to be planted to achieve the tree density standard of this section which is not planted upon completion or prior to expiration of a clearing, clearing and grubbing, or grading permit, shall be planted within thirty (30) days of the completion or expiration of said permit unless a performance bond is posted with the community development department.

2.

Development Permits. Replacement trees proposed to be planted to achieve the tree density standard of this section which is not planted upon completion or prior to expiration of a land disturbance permit, development permit, or building permit, shall be planted within thirty (30) days of the completion or expiration of said permit unless a performance bond is posted with the community development department.

A.

The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffers and landscape plantings required by this section.

B.

The community development department is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced.

C.

Buffers that, over a period of time, lose their screening ability shall be replanted to meet the requirements of this section.

D.

Replacement trees and landscaping shall be in accordance with the applicable provisions of this section.

It shall be the duty of the director or his/her designee to enforce this tree protection ordinance. The director or his/her designee shall have the authority to revoke, suspend or void any clearing, clearing and grubbing, grading, land disturbance permit, development permit or building permit or to withhold issuance of a certificate of occupancy, and shall have the authority to suspend all work on a site or portion thereof in order to effect compliance with this section.

A.

Violation and Penalty. Any person violating provisions of this article shall be guilty of violating this duly adopted article of the city, and upon conviction by a court of competent jurisdiction, may be punished either by a fine not to exceed one thousand dollars ($1,000.00), or confinement in the city jail not to exceed sixty (60) days, or both. Each day of non-compliance shall constitute a separate offense. The court shall have the power and authority to place any person found guilty of a violation of this article on probation and to suspend or modify any fine or sentence. As a condition of said suspension, the court may require payment of restitution or impose other punishment allowed by law which may include mandatory attendance at an educational program regarding tree preservation. The owner of any property wherein a violation exists, and any builder, contractor, or agent, who may have assisted in the commission of any such violation, shall each be guilty of a separate offense. Each tree removed, damaged or killed in violation of this section shall be considered a separate offense.

B.

Any trees eight (8) inches (DBH) and over which have been removed in violation of this section shall be replaced by the violator with four-inch caliper replacement trees equal to the unit value of the trees removed. However, any specimen tree removed from a parcel shall be replaced with four-inch caliper trees one and one-half (1.5) times the equivalent inches (DBH) of replacement trees or existing trees in excess of the requirements in Section 14.6, Tree Preservation and Replacement Requirements, using species with potentials for comparable size and quality at maturity.

C.

Appeals. The city council shall have the power and duty to hear and decide appeals where it is alleged by an aggrieved party that there is error in any final order, requirement, or decision made by the director or his/her designee based on or made in the enforcement of the tree protection ordinance. All such appeals shall be heard and decided following the notice requirements, criteria, and procedural requirements in Title 12, Zoning, Chapter 10, Variances, Administrative Variances, and Administrative Appeals.

Appendix A is not definitive. These trees are simply provided as acceptable, without question. Other, non-invasive trees without known disease or growth concerns will also be accepted for planting. Invasive species, species susceptible to blight, disease, or devastating infestation, or that have known growth habit and/or structural conditions that limit the life expectancy or create hazards with age, will not be accepted.

City of Stockbridge Overstory Trees Acceptable for Replanting Credits

City of Stockbridge Understory and Other Small Trees Acceptable for Replanting Credits

City of Stockbridge Recommended Trees for Under Powerlines