Unless a provision of this ordinance expressly states otherwise, the restrictions, requirements and regulations contained in this article shall apply to properties located in all nonresidential zoning districts.

Since trees are proven producers of oxygen; appreciably balance the carbon dioxide content of the air; transpire considerable amounts of water thereby purifying the air; through their root systems stabilize the groundwater table and play an important and effective part in soil conservation, erosion control, and flood control; are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and have an important impact on the desirability of land and, therefore, property values, it is not only desirable, but essential to the health, safety and welfare of all persons living or working within the jurisdiction, to protect certain significant existing trees and, under circumstances set forth herein, to require the planting of new trees.

The tree protection zone shall apply to the entirety of a tract of land for which no tree protection plan has been approved. After such approval, the tree protection zone shall correspond to that part of a tract of land designated as a tree conservation area in said plan. The tree protection zone shall not apply to the following:

(1)

Property on which a single-family dwelling is being constructed under contract to the person who will occupy the structure, or property already occupied by an owner-occupied single-family dwelling, unless nonresidential uses or additional dwelling units are proposed for such property, except that any construction, paving, or other activity on the property that will damage trees on the public right-of-way is subject to the restrictions herein under section 5.7, protection of existing trees;

(2)

Public utility companies and government agencies conducting operations on public and utility right-of-ways and easements or on sites for electric power substations and similar facilities, which operations are for the purpose of assuring uninterrupted utility and governmental services and unobstructed passage on public streets; and

(3)

Property in use for tree farming or other agricultural activities as defined herein.

The diameter of a tree's trunk will be measured and a value assigned in units in accordance with Table A. The values assigned to trees of the same size will be different for existing and new trees, as indicated in Table A. One unit is not the same as one tree. Any tree kept pruned under 15 feet is not to be counted in the total.

Table A

Upon completion of development, all properties shall have a number of trees equivalent to 15 units per acre of development site. Existing significant trees or any other trees ten inches in DBH or larger that are in excess of the required 15 units per acre of development site, but are outside the construction area (buildings, accessory uses, parking area) shall not be removed unless adjacent development would cause irreparable damage to the critical root zones. Where the proposed construction area (the buildings, accessory uses, and parking area) is so large that the number of trees equivalent to 15 units per acre of development site cannot be accommodated, the tree conservation area shall be established by removing parking spaces in excess of the minimum number required, placing additional planting islands within the development area, or reducing the area to be occupied by buildings.

A proposal for development or improvement of any tract of land shall include a tree protection plan, which must be submitted to the city and approved prior to any grading, bulldozing or other removal of existing vegetation that may affect the health of existing tree coverage.

5.6.1.

Tree protection plan. The tree protection plan shall show the following:

(1)

The extent of the development site, and, if applicable, site plan;

(2)

All significant trees to be removed and all other trees ten inches in DBH or larger to be removed;

(3)

All significant trees and all other trees ten inches in DBH or larger which will remain on the development site and be protected during construction, and trees less than ten inches in DBH which are submitted for credit as part of the required 15 units per acre of development site. In heavily wooded areas that will not be disturbed, the plan may show only the boundaries of each stand of trees and a list of the number, size and type (e.g., hardwood, softwood deciduous, evergreen) of trees in each stand which are submitted for credit;

(4)

Locations of proposed on-site underground utility lines;

(5)

Locations of other on-site and off-site utility lines. Indicate areas where trees can't be planted because of interference with existing or proposed utilities on public rights-of-way or easements and existing utilities on adjoining properties;

(6)

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

(7)

Limits of tree conservation areas, showing trees to be maintained and planted, and specifying the type and size;

(8)

Grade changes or other work adjacent to a significant tree or any other tree ten inches in DBH or larger which would affect it adversely, with drawings or descriptions as to how the grade, drainage and aeration will be maintained around the tree; and

(9)

Planting schedule, if applicable.

Priority among existing trees. When a choice is available as to which existing trees to save, emphasis shall be given to the preservation of significant trees, even isolated individual trees, over retention of other trees. Non-significant trees, however, should be saved in stands rather than as individual trees scattered over a site.

On properties which are not exempted herein, the following provisions shall apply, except that encroachment on the critical root zone of a tree is permitted where necessary to the development (e.g., construction of a driveway), provided, the tree is not counted toward the required 15 units per acre of development site:

(1)

Damage prohibited. No person shall cut, carve, or otherwise damage or remove any tree, except in accordance with the provisions of this ordinance; attach any wire, nails, advertising posters, or other contrivance harmful to any tree; allow any gaseous, liquid, or solid substance which is harmful to trees (such as concrete washouts, fuels, lubricants, herbicides, paints) to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.

(2)

Fence required. During excavation, filling, construction, or demolition operations, each tree or stand of trees to remain on the property shall be protected against damage to bark, roots, and low hanging branches with a fence enclosing the critical root zone. Fencing shall be either plastic construction area fencing, silt fencing, 12-gauge two-inch by four-inch wire mesh, double one-inch by four-inch rails on two-inch by four-inch posts, or high visibility surveyors' tape on one-inch by two-inch posts. The height of the latter three fence types shall be four feet.

(3)

Compaction prohibited. All building materials, vehicles, construction equipment, dirt, debris, or other objects likely to cause soil compaction or aboveground damage shall be kept outside the critical root zone. Where a limited amount of encroachment is unavoidable and is approved by the city, the critical root zone shall first be mulched with a four-inch layer of processed pine bark or wood chips or a six-inch layer of pine straw.

(4)

Grade change prohibited. There shall be no raising or lowering of the ground level within the critical root zone. Stripping of topsoil in the critical root zone shall not be permitted. Where necessary, the use of moderate fill is permitted only with prior installation of an aeration system approved by the city. Deposition of sediment in the critical root zone shall be prevented by placement of sediment barriers, which shall be backed by two-inch by four-inch wire mesh in areas of steep slope.

(5)

Ditches prohibited. No person shall excavate any ditch or trench within the critical root zone. Where such encroachment is unavoidable and is approved by the city, ditches or trenches shall be so located as to minimize root damage. If roots must be cut, root pruning procedures approved by the city must be employed.

(6)

Paving prohibited. No person shall pave with concrete, asphalt, or other impervious material within the critical root zone.

(1)

Permit. On properties which are not exempted herein, a permit shall be required to remove or cause the death of existing significant trees and any other trees ten inches in DBH or larger located within the tree protection zone or for grading or other work adjacent to a tree which would affect it adversely. An approved tree protection plan is required for issuance of a permit. Permit requirements are waived where the city determines that trees to be removed are dead, are diseased or infested to the extent that removal is necessary, or have been damaged by lightning, wind, ice or other disasters to the extent that public safety is endangered.

(2)

Retention. The property owner shall retain trees on the property equivalent to 15 units per acre of development site in accordance with these regulations and the approved plan, including, if necessary, replacing trees which die or are irreparably damaged.

Where a tree protection plan is required by this ordinance, the following considerations shall apply in determining which existing trees should remain on the property, and the siting of replacement trees:

(1)

Between the building and street. Where trees must be added to achieve the required 15 units per acre of development site, such additions should be made between the street right-of-way and the building tree line (as defined herein) until the proportion of trees in the front perimeter (as defined herein) is equal to or greater than the area of the front perimeter divided by the perimeter of the total development site multiplied by the total tree units required.

(2)

Landscape islands. Landscape islands shall be provided within parking areas (but not within vehicle storage, maneuvering, or display areas) as follows:

(a)

Total area of all islands shall be at least five percent of the parking lot area (the parking lot area should include all vehicle use areas on the property such as loading, storage, or display areas);

(b)

Each island shall contain a minimum of 50 square feet so shaped that a minimum five-foot diameter circle will fit within the island. No island shall be larger than 200 square feet. All trees planted in an island shall have trunk diameter of at least six inches measured at a point 4½ feet above the ground level;

(c)

Landscape islands shall be located in such a manner as to divide and break up the expanse of parking area. A planting area which intrudes upon or is located wholly within a generally rectangular area that is devoted to parking and between a building and a lot line or between two buildings will generally serve this purpose; no island shall be established along the outer edge of a parking lot;

(d)

Vehicles may overhang a landscape island, provided, said island is at least 3½ feet in depth per abutting parking space, at least five feet in depth overall, and protected by wheel stops or curbing. Two feet of said landscaped area may count as part of the required depth of each abutting parking space; and

(e)

At least one shade tree shall be planted in every landscape island. Where linear islands (strips) are used, trees equivalent to at least one unit for every 75 linear feet of length shall be saved or planted in such strips (trees may be planted in groups rather than in a single line, except that a group of two or more trees may not be planted in that area of a linear island measured from the end of the island to a point equal to one-fifth the length of the entire island). Where, under these provisions, trees are not needed in the landscape islands in order to meet the required 15 units per acre of development site, other vegetation may be substituted.

(1)

Spacing and the potential size of species chosen shall be compatible with spatial limitations of the site.

(2)

The species must be ecologically compatible with the specifically intended growing site.

(3)

The trees must have the potential for size and quality comparable to those removed.

(4)

The trees must be compatible in extent of crown and root systems at maturity with nearby utilities.

(5)

Planting preference shall be given to specimens of not less than three inches in DBH.

(6)

Where trees must be added to achieve the required 15 units per acre of development site, pines may not comprise more than 30 percent of the required units. Where existing pines already comprise 30 percent or more of the required units, no more pines may be credited toward the required units.

(7)

Authority for questions of tree characteristics shall be publications of the Georgia Forestry Commission, publications of the Cooperative Extension Service of the University of Georgia College of Agriculture, or other authority acceptable to the city.

(1)

Applicability. The provisions of this section shall apply to properties in all zoning classifications, except those properties being developed pursuant to an approved tree protection plan. This section shall not apply to any tree which presents an immediate public safety hazard.

(2)

Significant trees. If a significant tree is to be removed, a notice indicating the reason for the removal must be submitted to the city clerk. No more than one significant tree shall be allowed to be removed from a property in any two-year period. Any significant tree which is removed without a notice first being filed must be replaced by trees with a total density equal to three times the value in inches of the tree removed with a minimum four-inch tree caliper. Size alone will determine whether a tree was a specimen quality if the tree is removed without approval and there is no evidence of its condition.

(3)

Street trees. Significant trees that are located within 25 feet of the public right-of-way provide aesthetic value to the community and serve the public welfare by calming traffic; such trees may not be removed except upon a finding of good cause by the planning commission.

(1)

Agricultural activities:

(a)

Good-faith commercial production from the land or on the land of agricultural products, including horticultural, floricultural, dairy, livestock, poultry and apiarian products, but not including forestry products (see the definition of the term "tree farming" herein); and

(b)

Clearing trees for the purpose of planting crops, providing pasture for livestock, or constructing buildings accessory to production of agricultural products.

(2)

Building tree line: The lines extending from the corners of the building nearest a street to the side lines of the lot (not including a street right-of-way), parallel to the right-of-way line or to the chord of that line.

(3)

Caliper: Tree trunk diameter measured at a point six inches above ground level.

(4)

Critical root zone: The land area circular in shape and centered on the trunk of a tree, the radius of which circle is determined by the farthest extent of the drip line from the trunk.

(5)

DBH (diameter at breast height): Tree trunk diameter (in inches) at a height of 4½ feet above the ground. If a tree splits into multiple trunks below 4½ feet, then each trunk is measured as a separate tree. (See also the definition of the term "caliper.")

(6)

Development site: That portion of a tract of land which will be counted toward satisfying the requirements of these provisions. Where the proposed development site is less than the entirety of a tract, requirements equivalent to those of the zoning regulations and the subdivision regulations with regard to the subdivision of land and the plating of such subdivisions shall be applied to the identification of the boundaries of the development site.

(7)

Drip line: A perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

(8)

Front perimeter: Area enclosed by the right-of-way line, building tree line, and side property lines

(9)

Shade tree: A broadleaf tree, having an average height at maturity of at least 20 feet, and having a broad spread relative to its height (excluding trees with pyramidal, conical, or columnar crowns) and a dense canopy, so as to provide shade to structures or parking areas in the summer months.

(10)

Significant tree: A tree in fair or better condition, which is considered of high value because of its species, size, age, or other professional criteria. A tree is considered in fair or better condition if its life expectancy is greater than 15 years, it has a relatively sound and solid trunk with no extensive decay or hollow, with less than 29 percent radial tip die-back, and has no major insect or pathological problems. Hardwood trees, such as oaks and hickories, and softwood trees, such as pines and cedars, whose diameters are 18 inches in DBH or more, and small hardwoods, such as dogwoods, redbuds or sourwoods, whose diameters are eight inches in DBH or more shall be considered significant trees due to size. A tree of lesser size than the preceding shall be significant if it is a rare or unusual species or is of historical significance or is specifically used by design as a landscape focal point of the project.

(11)

Tree farming: The planting, cultivating, and harvesting of trees in a continuous cycle as a regular practice on a tract of land, not including the removal of trees for purposes of development or the removal of trees without replanting.

(12)

Worksheet B.