A.

Transitional buffers shall be of such nature and density so as to screen activities, structures, and uses on the property from view from the normal level of a first story window on a abutting lot and shall further provide a year-round effective visual screen.

B.

Transitional buffers shall be natural, undisturbed, and free of encroachments, except as authorized by a condition of zoning, conditional use or variance approval, and shall contain the existing tree cover and vegetation, as well as any supplemental plantings or re-plantings as may be required.

C.

Transitional buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required to observe the sight distance requirements contained in this Ordinance, or as authorized by a condition of zoning, conditional use or zoning approval.

A.

Transitional buffers in which vegetation is non-existent or is inadequate to meet the screening requirements of this Section shall be planted with supplemental plantings so as to provide a year-round effective visual screen.

B.

Supplemental plantings and re-plantings shall consist of evergreen trees, shrubs, or combination thereof, native or adaptable to the region. All trees planted shall be a minimum of six (6) feet in height at the time of planting and shall be a species which will achieve a height of at least twenty (20) feet at maturity. All shrubs planted shall be a large growing species, shall be a minimum of three (3) feet in height at time of planting and shall be a species which will achieve a height of at least ten (10) feet at maturity.

C.

All supplemental plantings shall be installed to allow for proper plant growth and maintenance.

A.

Non-vegetative materials utilized to satisfy the screening requirements of this Section, in addition to the use of existing vegetation and/or supplemental plantings may consist of walls, fences, earthen berms, or a combination thereof.

B.

If walls or fences are to be utilized, their placement and installation shall be such so as to cause minimal disturbance of existing vegetation and located so as to provide an effective visual screen.

A.

Ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sanitary sewer conveyance facilities, and any associated easements, shall not encroach into a transitional buffer unless approved by the Director. Access and utility crossings (e.g., stormwater or sanitary sewer pipes) may encroach into the transitional buffer as near to perpendicular as practical.

B.

Supplemental plantings or re-plantings of vegetation or authorized non-vegetative screening devices shall be authorized to encroach into a transitional buffer provided there is minimal disturbance of any existing vegetation.

C.

Land disturbance is authorized in areas of a transitional buffer that are devoid of significant vegetation provided that the final grade and re-plantings of vegetation meet the screening requirements contained herein.

D.

Diseased, hazardous, dying or dead trees may be removed from a buffer provided minimal disturbance occurs. Vegetation thus removed from a transitional buffer shall be replaced where necessary to meet the screening requirements contained herein.

A.

During authorized land disturbing activities, buffers shall be clearly demarcated and protected prior to commencement of, and during, construction.

B.

The method of demarcation and protection utilized shall be in accordance with best management practices or as required by the Department.

Transitional buffers shall be required between dissimilar districts or uses in accordance with the provisions of this Ordinance or as a condition of zoning, conditional use permit or variance approval.

A.

A transitional buffer shall be required along any side and rear property line.

B.

All transitional buffer areas and screening shall be established in accordance with the following requirements:

1.

Transitional buffers shall meet the minimum width requirements for dissimilar districts as shown in the "Minimum Transitional Buffer Requirements Table" unless otherwise authorized.

2.

In situations where the required transitional buffer width is partially or completely contained within an existing easement (i.e., power or natural gas transmission, etc.) the screening requirements of this Ordinance shall be met outside of the easement area.

C.

The width of required transitional buffers may be reduced by no more than fifty percent (50%), as appropriate, if and only if:

1.

It is clearly demonstrated that existing topography and/or vegetation within the reduced area achieve the purpose and intent of this Section; or

2.

It is clearly demonstrated that, for topographic reasons, a fence, wall and/or other screening device required herein could not possibly screen activities conducted on ground level from view from the normal level of a first-story window on any lot in a residential district abutting the use.

D.

Structures including driveways, parking facilities or retaining walls shall be located a minimum of five (5) feet from any buffer.

E.

When a transitional buffer is required on a non-residential tract that is of greater depth than the minimum yard requirement, the minimum yard shall be increased to include five (5) feet in addition to the width of the required transitional buffer.

F.

All transitional buffers shall be so designated on the site construction plan and final subdivision plat.

A.

In B2, B3, M1, M2 and MUBP districts, outdoor storage of materials, and outdoor servicing activities shall be enclosed by a wall or fence of solid appearance or visually continuous evergreen hedge not less than eight (8) feet high when adjacent to A, A1, A2, R1, R2, R3, or MHP.

B.

In any district where reference is made requiring adequate screening of a specified operation, such screening shall be a wall or fence of solid appearance or visually continuous evergreen hedge not less than eight (8) feet in height.

(7-6-2021)

Notes:
 * Transitional buffer widths may be reduced to twenty-five (25) feet by the addition of a solid, opaque fence or wall at least six (6) feet in height.

(12-3-2013)

A.

Statement of Purpose

1.

The purpose of these standards is to facilitate the preservation and/or replacement of trees as a part of the land development in the county.

2.

The citizens of the county and their many communities enjoy many benefits that can be directly attributed to our trees.

a.

Trees produce oxygen, help to reduce the amounts of airborne pollutants and reduce soil erosion and storm water runoff. This decreases sedimentation problems and improves water quality.

b.

Trees provide food and shelter for desirable urban wildlife, they provide scenic amenities to soften the harshness of city buildings and streets and can increase property values.

3.

Protect vegetation within the intermediate regional floodplain and within fifty (50) feet of the banks of state waters, so as to assist in the region of storm water runoff and the control of erosion, improvement of water quality, and the protection of stream bank stability by vegetation protection and/or restoration.

4.

Protect specimen and historical trees as defined by the Vegetation Protection and Replacement Administrative Standards.

B.

Applicability

1.

The terms and provisions of this section shall apply to any activity on real property which requires the issuance of a development permit, excluding the development of single family detached and duplex single-family residential lots (except as required in the development guidelines for the Open Space Conservation District, and excluding the construction of public roads and utilities.

2.

Agricultural and forestry operations, land clearing for clearly legitimate agricultural purposes and legitimate timber harvesting are exempt from the provisions of this article.

3.

Trees found to be diseased, hazardous, dying, dead, or insect infested by the County extension service, the state forestry commission, an arborist, or urban forester may be removed.

4.

The removal, replacement, planting, or transplanting of trees on an existing single-family or duplex residential property that remains in residential use or is subject to a development permit or building permit authorizing a subdivision of land is exempt from this part.

5.

The removal, replacement, planting, or transplanting of trees on an existing or planned non-residential property that is subject to a development permit or building permit authorizing non-residential construction with no more than five thousand (5,000) square feet of land disturbance, is exempt from this part.

6.

The removal or transplanting of trees from horticultural properties, such as farms, nurseries or orchards is exempt.

7.

The removal of any tree that has become, or threatens to become, a public nuisance or danger to human life or property is exempt.

8.

Agricultural activities on land zoned A, A1, or A2, including crop cultivation and clearing pastures for raising livestock is exempt from this part.

9.

Projects that contain more than one (1) building site, compliance with the requirements of this section shall be required at the time an individual site is developed.

10.

Grandfathered Projects

This section shall not apply to any portion of a property included within the limits of a valid land disturbance permit issued prior to the effective date of this section, provided that all time constraints relating to the permit issued shall be observed.

a.

The requirements of this section may be waived by the Director for a land disturbance permit which is to proceed with development of a larger project, at least seventy-five percent (75%) of the land area of which has already received a permit or permits initiating clearing or grading activities prior to the effective date of this section.

b.

In no event shall any grandfathered project be extended for a greater time period than twenty-four (24) months from the date of enactment of this section.

C.

Procedures

1.

All applications for land development permits shall provide a tree protection plan for the protection and replacement of trees within the buffer zone of the parcel, specimen trees, and trees throughout the property as otherwise indicated. Methods and standards for tree protection shall be established in Appendix C.

2.

All tree protection plans shall be reviewed by the Director for conformance with the intent of the provisions of these regulations, and either approved or returned for revision. Issuance of a land development permit shall constitute approval of the required tree protection plan.

3.

Removal of Trees and Replacement Landscaping

a.

Trees are not to be removed in any buffer zone unless the owner/developer would suffer an economic hardship if the trees in the buffer zone were to be preserved.

b.

When no trees are present on a lot subject to this Part or when it is proposed that more than five thousand (5,000) square feet of the lot be disturbed, it shall be the responsibility of the owner/developer to landscape the areas with trees and other plant materials.

c.

Density requirements. The quantity of total existing/replacement trees on site must be sufficient so as to produce a total site density factor of no less than fifteen (15) units per acre. Procedures for calculating the required tree density as provided in Chart 1 of this Section. Tree unit values are assigned as follows:

Chart 1

(1)

Existing deciduous trees to remain. Conversion from diameter to density factor units for deciduous trees.

(2)

Existing coniferous trees to remain. Conversion from diameter to density factor units for evergreen trees:

(3)

Replacement Trees

Conversion from caliper to density factor units

(4)

Container-grown pine trees

Container-grown pine trees are given replacement as follows:

(5)

Tree Relocation

Replacement units will be granted to trees relocated on site. Tree relocation is subject to approval of the Director.

(a)

Where the Director has determined that special constraints of a site result in an absolute inability to provide the required tree density, number of trees to be planted on site will be determined based on site review. The remaining balance of trees may be provided for plantings on public grounds. Tree bank arrangements can be made through the Department.

(b)

Trees which are used to meet the density requirements for this Article shall be maintained for one (1) year after the date of final inspection. Required tree density shall be maintained by the property owner.

(c)

Specimen trees shall be located on the tree protection plan. Standards for identification, preservation and protection of specimen trees shall be established in Appendix C. Removed specimen trees shall be replaced by two (2) trees minimum two-inch caliper species with potentials for comparable size and quality. Tree replacement in addition to the minimum required tree density shall be required in recompense for the removal of specimen trees.

A.

Trees planted in parking lots shall be credited toward fulfillment of Section 12-2-100 of this Ordinance.

B.

Parcels requiring more than twenty (20) off-street parking spaces shall contain landscaping and plantings as follows:

1.

One (1) shade tree for each ten (10) spaces around the perimeter of the parking lot.

2.

One (1) shade tree for each ten (10) spaces in landscaped islands on the interior of the parking lot. Each such island shall be at least eight (8) feet in width and contain at least two (2) trees.

3.

Each tree shall be at least one and one-half (1½) inches caliper and six (6) feet in height at time of planting and shall be a species native or suitable to this region.

4.

The minimum planting area or pervious area around each tree shall be sixty-four (64) square feet.

5.

Trees shall be planted in landscaped strips a minimum of ten (10) feet wide surrounding the perimeter of the parking lot and shall be planted in planting areas or islands internal to the parking lot.

6.

Ground areas shall be sodded, seeded or hydro seeded with grass and/or planted with groundcover species, and/or provided with other landscaping material or any combination thereof.

7.

Planting areas may be recessed below the grade of parking surfaces with curb breaks on upgrade side of planting areas in order to allow natural irrigation of landscape material and percolation of runoff.

8.

For parking lots with more than three (3) parallel aisles, there shall be a continuous planting area at least eight (8) feet wide between alternate rows of opposing spaces.

(12-6-2011)

A.

Front, side, and rear yard setbacks may be reduced by an amount not to exceed ten percent (10%) where it is determined by the Director to be necessary in order to preserve existing specimen or significant trees. Such an administrative variance shall be considered and decided consistent with the procedures and criteria contained in Article 14, Section 14-1-180 of this Ordinance.

B.

Variances to reduce required parking spaces may be granted by the Board of Appeals when necessary to preserve a significant tree(s) that otherwise would be lost if the parking requirements were strictly applied. Such variance may only be granted if such tree(s) will be lost either by necessary removal for construction of the parking lot or as a consequence of construction having an adverse impact on the survivability of the tree by virtue of damage to the root system of the tree(s).

C.

Any variance granted under the provisions of this section shall include a condition that should the subject tree(s) die as a consequence, direct or indirect, of construction, despite granting of the variance, the tree or trees shall be replaced at the property owner's or applicant's expense, in accordance with a tree replacement plan approved by the Director.

D.

The maximum variance allowed under this provision shall be no more than ten percent (10%) of the total number of parking spaces required by Article 7 of this Ordinance, whichever is greater.

An Ordinance to govern timber harvesting operations in the unincorporated portions of Walton County.

WHEREAS, timber harvesting operations occur in the unincorporated portions of Walton County on a recurring basis; and

WHEREAS, timber harvesting is an important component of the local economy in Walton County, providing revenue to landowners, business opportunities, and jobs for local residents; it is the intent of the Board of Commissioners of Walton County to facilitate this industry while at the same time protecting county infrastructure and the safety of the community; and

WHEREAS, timber harvesting in many instances requires the use of county-maintained roads in order to transport the product to market; and

WHEREAS, it is in the public interest to protect the county road system from damage caused by timber harvesting operations to the extent allowed by state law; and

WHEREAS, O.C.G.A. § 12-6-24 authorizes and establishes the terms and conditions under which this Ordinance may be adopted and enforced; and

WHEREAS, it is the intent of the Board of Commissioners of Walton County to preserve and exercise where appropriate all powers and authority granted to it under state law, including but not limited to O.C.G.A. § 32-4-42 and O.C.G.A. § 40-6-371, that are not in conflict with O.C.G.A. § 12-6-24, in order to protect the health, safety and welfare of the community.

NOW THEREFORE, BE IT ORDAINED AND RESOLVED BY THE BOARD OF COMMISSIONERS OF WALTON COUNTY, GEORGIA AS FOLLOWS:

Ordained.

(5-3-2022)

This ordinance shall be known as the Walton County Timber Harvesting Ordinance.

(5-3-2022)

All persons or firms harvesting standing timber in any unincorporated area of Walton County for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state shall provide Notice of such harvesting operations to the Board of Commissioners of Walton County or the designated agent thereof prior to entering onto the property if possible, but in no event later than twenty-four (24) hours after entering onto the property. Further, such persons shall give Notice of cessation of cutting within twenty-four (24) hours after the job is completed.

(5-3-2022)

The Notice of harvesting operations required by this Ordinance shall be provided for each separate tract to be harvested. Such Notice shall be made in such form as prescribed by rule or regulation of the Director of the Georgia Forestry Commission, and shall include the following information:

A.

A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road. If multiple points of ingress and/or ingress will be used, all such points shall be identified;

B.

A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under O.C.G.A. § 48-5-7.5;

C.

Name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and

D.

The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber.

(5-3-2022)

Subject to the provisions of Section 12-3-120 of this Ordinance, the Notice required by this Ordinance may be submitted in person, by transmission of an electronic record via telefacsimile or e-mail, or by mail.

(5-3-2022)

Subject to the provisions of Section 12-3-120 of this Ordinance, upon notification published by the Director of the Georgia Forestry Commission that a state-wide notification website or platform is available for public use, persons or firms wishing to utilize said website or platform to provide the Notice required by this Ordinance may do so at their option, and Walton County will accept notifications submitted in this manner.

(5-3-2022)

On and after a date specified and published by the Director of the Georgia Forestry Commission, use of the state-wide notification website or platform shall be mandatory and shall be the sole means of providing the Notice required by this Ordinance; on and after said date submission of the Notice by any of the means listed in Section 12-3-150 above shall cease and will no longer be deemed acceptable or in compliance with this Ordinance.

(5-3-2022)

The Notice required by this Ordinance shall not be or remain effective unless and until the person or firm providing such Notice has delivered to the Board of Commissioners of Walton County or its designated agent a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting Walton County against any damage caused by such person or firm in the amount of five thousand dollars ($5,000.00); provided, however, that at the option of the person or firm harvesting timber a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in O.C.G.A. § 7-1-4, in the amount of five thousand dollars ($5,000.00) may be provided in lieu of a surety bond. Such bonds or letters of credit shall be subject to the conditions set forth in Sections 12-3-180 and 12-3-190 of this Ordinance. No more than one bond or letter of credit shall be required from each person or firm harvesting timber, regardless of the number of tracts harvested in the county for so long as the bond or letter of credit remains in effect. The bond or letter of credit required herein shall be valid only for the calendar year in which it was delivered.

(5-3-2022)

The bond or letter of credit required by Section 12-3-170 of this Ordinance shall protect Walton County against any damage requiring re-ditching or repair of existing ditch structures or the removal of any harvesting residue, including tree tops, debris, logs, pulpwood and other materials, placed in or around the county's rights-of-way caused by such person or firm tendering the bond or letter of credit. The proceeds of such bond or letter of credit shall be available to reimburse the county for any cost incurred to repair such damages or remove such debris in or around the county's rights-of-way. The proceeds of such bond or letter of credit shall also be available to reimburse the county for any costs incurred to maintain or repair county roads damaged by the ingress or egress of motor vehicles engaged in the harvest operations located within five hundred (500) feet of any point of ingress or egress of the timber harvesting operation. The right of Walton County to call such bond or letter of credit in accordance with the provisions of Section 12-3-200 of this Ordinance shall be in addition to any other remedies available to the county at law or in equity for damage to county roads or rights-of-way.

(5-3-2022)

When damage results from a person or firm's harvesting activities, the Board of Commissioners of Walton County shall make and provide a written claim to the person or firm causing the damage within thirty (30) business days after the Board of Commissioners becomes aware of the damage. Such claim may be given in person, by telefacsimile, email or mail. The claim shall describe the damage in detail and, in compliance with Section 12-3-210 A of this Ordinance, give the person or firm the opportunity to repair such damage within thirty (30) days of the notification; provided, however, the County shall be authorized to repair the damage immediately if the Board of Commissioners or its designee determines the conditions present a threat to public safety, health or welfare and, upon making such repairs, shall present to the person or firm and the issuer of the applicable bond or letter of credit an itemized list of expenses incurred as a claim against the responsible party and the issuer of its bond or letter of credit. Upon the issuance of a claim as provided in this Section the Board of Commissioners of Walton County or its designee shall notify the issuer of the bond or letter of credit that a claim has been made and will be resolved or adjudicated according to the terms of this Ordinance.

(5-3-2022)

Within thirty (30) days of receipt of the written claim described in Section 12-3-190, the person or firm against whom the claim is submitted may:

A.

Repair such damage at his or its own expense with the approval and supervision of the Board of Commissioners of Walton County or its designee. When repairs are completed to the satisfaction of the Board of Commissioners or its designee, the Board of Commissioners or its designee shall provide a written notification of satisfactory completion within five (5) business days to the responsible person or firm and to the surety issuing the bond or the bank issuing the letter of credit, thereby terminating the claim.

B.

In the event of inclement weather or other factors preventing repair of the damage, request a 30-day extension to repair the damage from the Board of Commissioners of Walton County, provided that no extensions shall exceed ninety (90)days from the date the claim was tendered. Approval of any extension shall be at the discretion of the Board of Commissioners of Walton County or its designee.

C.

Appeal the claim to the Magistrate Court of Walton County. Any such appeal must name the issuer of the bond or letter of credit as a party, who shall be served with all pleadings in the action and shall have the right to appear. The Magistrate Court will hear evidence and arguments within thirty (30) days of the written appeal and issue a ruling within ten (10) days of such hearing. Any such appeal shall toll the 30-day period, or any extension thereof, required by Section 12-3-190 of this Ordinance. If the Magistrate Court rules in favor of the person or firm against whom the claim was made, the county shall have no right to recover any proceeds of the bond or letter of credit, and judgment shall be entered against the county. If the Magistrate Court rules in favor of the county the court shall determine the amount of damages to which the county is entitled to recover and enter judgment accordingly; the Board of Commissioners of Walton County shall be authorized to call the bond or letter of credit and recover from the proceeds thereof an amount equal to the judgment entered by the court, up to the total amount of the bond or letter of credit. The portion of any judgment entered in favor of the county that exceeds the amount of the bond or letter of credit shall be subject to collection by any additional remedies at law or equity.

D.

In the event the person or firm against whom the claim has been submitted fails to take any of the actions allowed under subsections A, B or C of this Section within the time required therein, such person or firm shall be deemed to have waived any and all rights to contest the call of the bond or letter of credit.

(5-3-2022)

If the person or firm tendering a bond or letter of credit pursuant to the requirements of this Ordinance continues its timber harvesting operation beyond the calendar year in which the bond or letter of credit was issued, the person or firm continuing the timber harvesting operation shall tender a new bond or letter of credit within five (5) business days after the first day of the new calendar year.

(5-3-2022)

In the event a bond or letter of credit tendered pursuant to the requirements of this Ordinance is revoked by the surety or bank, then a valid replacement bond or letter of credit must be delivered to the Board of Commissioners of Walton County within five (5) business days after the date of revocation in order for timber harvesting operations to continue. In addition, if the person or firm tendering the bond or letter of credit caused its revocation, the amount of the bond or letter of credit required shall be increased to seven thousand five hundred dollars ($7,500.00) after the first revocation, and ten thousand dollars ($10,000.00) after a second revocation caused by the person or firm tendering the bond or letter of credit. The maximum amount of the bond or letter of credit shall not exceed ten thousand dollars ($10,000.00).

(5-3-2022)

Submission of the Notice required by this Ordinance shall authorize the person or firm submitting same to undertake the timber harvesting operation described in the Notice and shall remain in effect until such time as the person or firm gives Notice that the harvesting operation is complete; provided, however, that any change in the facts required to be provided for purposes of such Notice, including but not limited to a change in the scope or extent of the operation, must be reported to the Board of Commissioners of Walton County within three (3) business days after such change.

(5-3-2022)

Any person or firm that engages in a timber harvesting operation in the unincorporated portion of Walton County without complying with the Notice requirements of this Ordinance shall be subject to a citation and trial, and upon conviction shall be fined in an amount not to exceed one thousand five hundred dollars ($1,500.00) for each violation.

(5-3-2022)

This Ordinance applies to activities which qualify as forestry land management practices or agricultural operations under O.C.G.A. § 12-7-17(5) and (6) on land that is zoned for or used for forestry, silvicultural or agricultural purposes. It shall not authorize land disturbing activities incidental to development in conflict with the limitations set forth in O.C.G.A. § 12-7-17(6).

(5-3-2022)

Consistent with O.C.G.A. § 12-6-24:

A.

No fee shall be charged to provide and submit the Notice required by this Ordinance; and

B.

No permit, including a driveway permit, shall be required of the person or firm engaged in a timber harvesting operation as defined by said Code section. Persons and firms providing the Notice required by this Ordinance may be asked to consult with county officials responsible for roads and public works for the purpose of minimizing damage to the county's roads, rights-of-way and infrastructure, and are urged to follow recommendations from county officials. Notwithstanding the forgoing, the person or firm conducting the timber harvest operation bears ultimate responsibility for their actions, and nothing in this Ordinance shall preclude the Board of Commissioners of Walton County from taking any and all legal action necessary to protect its property and the health, safety and welfare of its citizens.

C.

Except as specified hereinabove, all remaining portions of the Code of Walton County, Georgia shall continue in full force and effect, and shall remain unaffected by this amendment.

(5-3-2022)

It is the express intent of the Walton County Board of Commissioners that this Ordinance be consistent with both federal and state law. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable.

(5-3-2022)

All Ordinances and provisions of the Code of Walton County, Georgia which conflict with any part of this Ordinance are hereby repealed, including but not limited to Article 12, Part 12-2, Section 12-2-130 of the Walton County Land Development Ordinance and Subdivision Regulations.

(5-3-2022)

This Ordinance shall become effective immediately upon passage.

(5-3-2022)