Article 1

This enactment may be cited as the “Forsyth County Tree Protection and Replacement Ordinance.”

The following words and terms, when used in this article, shall have the meanings as described in this section, unless the context indicates otherwise:

Agriculture: The commercial cultivation or growth from or on the land of horticultural, floricultural, forestry, dairy, livestock, poultry, and apiarian products. Included within the definition of "agriculture" shall be the importation, storage, or distribution in bulk, unpackaged form of raw materials directly to persons engaged in agriculture. "Raw materials" for purposes of this definition shall include organic materials such as straw, hay, animal feeds, sawdust, mulches, and like items. "Raw materials" shall also include inorganic dolomitic lime. "Raw materials" shall not include farm equipment, building materials, chemicals, fertilizer, manure not produced on the premises, packaged materials not produced on the premises, materials distributed for resale not produced on the premises, or materials not expended in the production of the above listed products.

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.

Boundary Tree: A tree located along a property line with any portion of its trunk crossing the property line.

Buffer: An undisturbed naturally-existing area, a landscape area or combination of both designed for screening and protection around the perimeter of a parcel or water body.

Caliper: A forestry standard of tree trunk measurement . Caliper will be measured at ground level for trees having a 4” caliper or less.

Clearcut: A silvicultural system in which all merchantable trees are harvested over a specified area in one operation.

Clearing: The removal of vegetation from a property, whether by cutting or other means.

Commercial Zoning District: For the purposes of this ordinance the following zoning districts are defined as commercial: NS, UV, HB, CBD, HC, BP, O&I, OR, and OCMS. Additionally, any zoning district created after the adoption of this ordinance will be classified as a ‘Residential Zoning District,’ ‘Commercial Zoning District,’ ‘Industrial Zoning District,’ or ‘Mixed Use Zoning District’ by the Director of the Department of Planning and Community Development, depending on the characteristics of the new zoning district.

County Arborist: A staff position within the Department of Planning and Community Development with the primary responsibilities of administration and enforcement of the Tree Protection and Replacement Ordinance.

Critical Root Zone: The minimum area beneath a tree that must be left undisturbed in order to preserve sufficient root mass to give a tree a reasonable chance of survival. The critical root zone (CRZ) is a circle centered on the tree’s trunk with a radius equal in feet to 1.3 times the number of inches of the tree’s diameter at breast height.

EXAMPLE: A tree with a diameter breast height of 20 inches would have a CRZ radius of 26 feet.

Density Factor: A unit of measure used to prescribe the calculated required tree coverage on a site.

Department of Planning and Community Development: Forsyth County Department of Planning and Community Development, or successor department, by whatever title designated.

Disturbed Area: Land area subject to any land-disturbing activity.

Diameter Breast Height (DBH): The standard measure of tree size, is the diameter of a tree trunk measured in inches at a height of 4 and 1/2 feet above the ground. If a tree splits into multiple trunks below 4 1/2 feet, then the trunk is measured at its most narrow point beneath the split.

Director: The manager of the Department of Planning and Community Development, or his successor to his duties, by whatever title designated, or his designee.

Dripline: 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.

Grading: The placement, removal, or movement of earth by use of mechanical equipment on a property. This includes stripping, cutting, filling, stock piling, or any combination thereof, and shall include the land itself in its cut or filled condition.

Growing Season: A period of not less than 12 months during which there are at least three contiguous months of dormancy followed by a spring leafing.

Hardwood Tree: Any tree that is not coniferous (not cone bearing or a needle leaf evergreen).

Industrial Zoning District: For the purposes of this ordinance the following zoning districts are defined as industrial: M1, M2, and MINE. Additionally, any zoning district created after the adoption of this ordinance will be classified as a ‘Residential Zoning District,’

‘Commercial Zoning District,’ ‘Industrial Zoning District,’ or ‘Mixed Use Zoning District’

by the Director of the Department of Planning and Community Development, depending on the characteristics of the new zoning district.

Land Disturbance Permit: The authorization necessary to begin a land-disturbing activity under the provisions of the Unified Development Code.

Land-Disturbing Activity: Any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use.

Landmark or Historic Tree: Any tree or group of trees which the Georgia Tree Council has included on The Georgia Landmark and Historic Tree Register based on their importance in national, state or local history.

Lot: A portion or parcel of land separated from other portions or parcels by description (such as on a subdivision plat of record or a survey map or plat) or described by metes and bounds, and intended for use, transfer of ownership, or for building development. The word "lot" shall not include any portion of a dedicated right-of-way. For purposes of calculating lot sizes, a lot shall also exclude any areas reserved for easements upon which, by the nature thereof, construction is prohibited, i.e., easements for ingress and egress to other lots or properties, major power line transmission easements, etc. For purposes of calculating lot sizes, “lot” shall also not include strips of property, with widths less than the minimum lot width of the particular zoning district, intended to provide access to a given lot or parcel;

provided, however, land less than the minimum required lot width may be considered as part of the square footage lot size calculation in those instances where lot lines are radial to a curved street or cul-de-sac on a major or minor subdivision plat approved by the Department of Planning and Community Development.

Mixed Use Zoning District: For the purposes of this ordinance the following zoning districts are defined as mixed use: PUD, MPD, MRD, and MCD. Additionally, any zoning district created after the adoption of this ordinance will be classified as a ‘Residential Zoning District,’

‘Commercial Zoning District,’ ‘Industrial Zoning District,’ or ‘Mixed Use Zoning District’

by the Director of the Department of Planning and Community Development, depending on the characteristics of the new zoning district.

Naturalistic Planting: A freely intermingled tree planting in groupings that avoid monoculture in tree species and size. Void of repeating planting patterns throughout larger grouping.

Overstory Tree: Those trees that compose the top layer or canopy of vegetation and will generally reach a mature height of 40 feet or more.

Parking Bay, Single: The clear space containing one row of parking stalls.

Parking Bay, Double: The clear space containing two rows of parking stalls.

Person: A natural human being, estate, association, firm, partnership, corporation, or other legal entity.

Replacement Tree: A new tree planted on a site to meet minimum site density factor requirements.

Residential Zoning District: For the purposes of this ordinance the following zoning districts are defined as residential: R1R, CR1, R1, R2R, OSR, R2, R3, R4, RES1, RES2, CR2, RES3, RES4, RES6, LR, A1, and AG-RES. Additionally, any zoning district created after the adoption of this ordinance will be classified as a ‘Residential Zoning District,’ ‘Commercial Zoning District,’ Industrial Zoning District,’ or ‘Mixed Use Zoning District’ by the Director of the Department of Planning and Community Development, depending on the characteristics of the new zoning district.

Significant Tree: Any landmark or historic tree, any tree determined by the County Arborist, a certified arborist, a registered forester, or a registered landscape architect to be of high value because of its species, size, age, or other professional criteria, or any tree deemed to be a rare or unusual species and confirmed by the County Arborist.

Site: Any lot or parcel of land, or a combination of contiguous lots or parcels of land, where grading, building, construction, or alteration is performed or permitted.

Site Density Factor: The minimum number of tree density units per acre, including recompense for significant trees, that must be achieved on a property after development.

Tree: 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 inches at any point and a height of over ten feet.

Tree Density Unit: A credit assigned to a tree, based on the diameter of the tree, in accordance with tables contained in this ordinance.

Tree Diameter: The widest cross-sectional dimension of a tree trunk measured at diameter breast height (DBH) or at a point below DBH for new trees or multi-trunked species, but in no case less than six inches from the ground.

Tree Grouping: A community of ten or more existing trees with one continuous dripline, as determined by the landscape architect, arborist or County Arborist to merit special consideration as an ecological feature based upon species composition, condition, age, and structure.

Tree Protection Area: Any portion on a site wherein are located existing trees that are proposed to be retained in order to comply with the requirements of this ordinance or any other existing trees proposed to be retained due to zoning conditions or requirements from other ordinances.

Tree Protection Plan: A plan that identifies tree protection areas on a site, and which provides sufficient information and detail to clearly demonstrate that all applicable requirements and standards of this ordinance will be fully satisfied.

Tree Replacement Plan: A plan that identifies proposed trees and other landscaping to be planted on a site, and which provides sufficient information and detail to clearly demonstrate that all applicable requirements and standards of this ordinance will be fully satisfied.

Tree Save Area: Any portion of a site wherein are located existing trees that are proposed to be retained in order to comply with the requirements of this ordinance. The tree save area shall include no less than the total area defined by the critical root zone (CRZ) of a tree or a group of trees, collectively.

Understory Tree: A tree that, under normal forest conditions, may grow to maturity beneath overstory trees and will generally reach a mature height of at least ten feet but less than 40 feet.

The terms and provisions of this ordinance shall apply to all real property being within the unincorporated areas of Forsyth County.