Article 2
Exemptions
The following activities are specifically exempted from this Ordinance:
Zoning Applications
The pre-submittal meeting requirement may be waived if sufficient data is provided prior to the meeting to render the meeting unnecessary as determined by the County Arborist.
Submitted site plans that accompany residential proposals as noted above shall include a table that contains square footage calculations for the total site area, the existing tree canopy coverage and the estimated post-development tree canopy coverage. Site plans must show the proposed disturbed area, required buffers, any existing easements, and wetland areas as well as proposed tree save areas to satisfy the requirements below and to count towards the required site density factor in accordance with Section 2.11.
Tree groupings shall be required in accordance with the following:
Site plans for residential uses that are submitted for Board of Commissioner approval shall reflect the preservation of specific significant trees as determined through consultation with the County Arborist within identified tree groupings that meet the requirements of this ordinance.
Permit Procedures
2.When a sample method is used, a minimum sample area of three percent of the total site area is required.
3.All tree protection areas.
4.Those significant trees to be removed and reason for removal.
Tree protection fencing must be installed and inspected prior to or concurrent with any clearing, grubbing, or grading.
The density requirements shown on the Tree Protection and Replacement Plans must be verified prior to the issuance of the certificate of occupancy or acceptance of the final plat.
With the exception of single-family residential developments, maintenance inspection by the County Arborist for trees will be performed after one full growing season from the date of the final site inspection.
Ongoing maintenance shall follow, at a minimum, the three-year maintenance plan, and is the responsibility of the property owner.
Permit Review Procedures
The Department of Planning and Community Development administers the Forsyth County Tree Protection and Replacement Ordinance. The County Arborist is the primary Tree Protection and Replacement Plans reviewer and is responsible for making professional judgments regarding any arboricultural principles or practices related to the implementation of this ordinance.
Tree Protection and Replacement Plan Standards
The following section establishes standards by which plans and field conditions are to be evaluated to determine compliance with the Forsyth County Tree Protection and Replacement Ordinance.
When a choice is available as to which existing trees to save, significant trees, even isolated individual trees, should be given preference over other trees. Non-significant trees, however, should be saved in stands rather than as individual trees scattered over a site.
Tree groupings shall be identified on the as-built plan or final plat and shall be protected and maintained to preserve long-term tree health and structural integrity.
Approximate locations are acceptable.
When a sample method is used, a minimum sample area of three percent of the total site area is required.
Tree Replacement Standards
The following section establishes standards by which the Tree Protection and Replacement Plans, and field conditions are to be evaluated to determine compliance with the Forsyth County Tree Protection and Replacement Ordinance.
2.Spacing and the potential size of species chosen shall be compatible with spatial limitations of the site.
3.The selected species must be ecologically compatible with the intended growing site.
4.Ornamental and columnar form trees are acceptable for use in meeting density requirements only with prior approval from the County Arborist and only for the replacement of understory trees.
5.Trees must be replaced with at least 60% overstory species.
6.The tree must be compatible in extent of crown and root systems at maturity with nearby utilities.
7.Where trees must be added to achieve the SDF, pines may not comprise more than 40% of the required units. Where existing pines already comprise more than 40% of the required units, no more pines may be credited toward the required units. This limitation applies to replacement planting only; existing pines may comprise 100% of the existing density factor.
8.No more than 40% of the replacement trees can be composed of any one genus
Large Trees: 400-sq. ft. of pervious root zone minimum Small Trees: 100-sq. ft. of pervious root zone minimum
Significant Trees
Some trees on a site warrant special consideration and encouragement for protection. These trees are referred to as significant trees.
To obtain credit as a significant tree, significant trees are to be protected in their natural state, free from damage. Significant trees that need to be removed require written documentation indicating evidence of hardship impacting preservation, to be submitted to the Department of Planning and Community Development prior to removal. Significant trees removed with prior approval from the Department of Planning and Community Development must be replaced at the rate of one unit for each unit awarded in Table A, Section 2.11, in addition to the minimum site density factor in recompense for their removal. Significant trees must be replaced by species with similar characteristics. For commercial and industrial zoning districts, significant tree recompence will not exceed 30.0 units/acre.
Removal of Significant Trees
If a significant tree is damaged or removed without prior approval by the County Arborist, recompense or penalty will be required or imposed as follows:
Special Requirements
The following classifications will be required to comply with these special requirements in addition to the standard requirements of this ordinance.
The trees may be counted toward the required site density factor for the project.
Preserved healthy overstory trees over 16-inch dbh can count for three newly planted overstory trees, as approved by the County Arborist.
Notwithstanding the area of protection requirements of this subsection, the area of protection described herein is not required along the internal lot lines of a multi-parcel development approved under a single zoning application located in a commercial or industrial zoning district. In the event of a conflict between this section and any other language in the Code of Forsyth County, Georgia, including the Unified Development Code, that would otherwise allow land-disturbing activity prohibited by this section, this section shall prevail.
Exhibit A EXAMPLES:
1.
2.
Location of Trees within a Development other than Single Family
Development Forsyth County has given priority to the retention and placement of trees in frontage planting strips and parking lot planting islands. Trees retained or placed in these areas may be used to meet the site density factor for a project. However, if the site density factor is met with trees saved or planted in other areas, the tree location guidelines outlined below must still be performed with additional tree plantings.
Zoning District Depth of Strip Adjoining Street right-of-way or easement (feet)
Multi Family Residential 20 Commercial 10 Industrial 10
No portion of an island less than 6 feet in width may be counted in the area. Landscape islands for single parking bays shall contain a minimum of 300 square feet. Landscape islands for double parking bays shall require a minimum of two 300 square foot islands or one continuous landscape island of 600 square feet.
6.Method of irrigation shall be indicated on the Tree Protection and Replacement Plans.
Tree Density Requirements
- Table A gives an 18-inch tree 5.4 tree density units, so three would be 16.2.
- The worked example in the same section gives three 18-inch trees 64.8 — four times that — and its total of 91.5 depends on that number.
- The example footnotes that row to § 2.7 for an explanation of credits. § 2.7 does define a significant tree (an 18-inch hardwood is one) and requires it to be preserved to earn credit, but it never says how much extra.
- The only "four times" anywhere in Ordinance 98 is § 2.8, the replacement rate for a significant tree REMOVED without approval. In this example the trees remain.
- Using 64.8 credits more, so you would plant fewer replacement trees. Confirm with the Forsyth County Arborist before relying on either number.
The site density factor shall be calculated using the total acreage from disturbed areas.
Replacement trees should be distributed throughout the development and not located in only one area.
The quantity of total existing and replacement trees on a site must be sufficient so as to produce a total site density factor of no less than:
The density may be achieved by counting existing trees to be preserved, planting new trees, or some combination of the two as represented by the following formula:
Site Density Factor (SDF) = Exiting Density Factor (EDF) + Replacement Density Factor (RDF)
Site Density Factor (SDF)
The SDF is calculated by multiplying the disturbed area by the multiplier established in sections A and B above based on the zoning of the property and adding any required significant tree recompense.
Existing Density Factor (EDF)
The EDF is calculated by converting the diameter of individual trees to remain on the site to tree density units. The density factor conversion table for existing trees is shown in Table A below, "Trees to Remain on Site (Existing).”
Replacement Density Factor (RDF)
The RDF is calculated by subtracting the EDF from the SDF. The tree density unit conversion table for replacement (new) trees is shown in Table B below, "Replacement Tree Table".
Trees within Buffers Existing significant trees located within a required zoning Buffer area may be included in the existing density factor if the entire CRZ is protected. However, non-significant trees, or significant trees that are not fully protected, may not be counted toward the existing density factor. Existing trees (excluding significant trees located within required zoning buffers) to be retained in order to meet buffer requirements as required in the Unified Development Code will not be considered in the existing density factor. Replacement trees in required buffer areas may count towards the replacement density factor only under the following circumstances:
In either circumstance noted above, buffers would remain undisturbed except for replacement tree installation or any disturbance required to comply with a condition of zoning.
7.5 acres x 15 Tree Density Units = 112.5 SDF
7 - 12” diameter pines 3 - 14” diameter pines 3 - 18” diameter oaks
DBH Units No. of Trees Total 12” 2.4 x 7 16.8 14” 3.3 x 3 9.9 **18” 5.4 x 3 64.8
**See Section 2.7, Significant Trees, for explanation of credits.
RDF = 112.5 – 91.5 = 21
Table A: Trees to Remain on Site (Existing)
Conversion from tree diameter in inches to tree density units for TREES REMAINING ON SITE
Caliper/Dia. Units Caliper/Dia. Units 2—4 0.3 34 18.9 5—7 0.9 35 20.1 8—9 1.5 36 21.3 10 1.8 37 22.5 11 2.1 38 23.7 12 2.4 39 24.9 13 2.7 40 26.1 14 3.3 41 27.6 15 3.6 42 28.8 16 4.2 43 30.3 17 4.8 44 31.8 18 5.4 45 33 19 6 46 34.5 20 6.6 47 36 21 7.2 48 37.5 22 7.8 49 39.3 23 8.7 50 40.8 24 9.3 51 42.0 25 10.2 52 43.5 26 11.1 53 44.7 27 12 54 46.2 28 12.9 55 47.4 29 13.8 56 48.9 30 14.7 57 50.1 31 15.6 58 51.6 32 16.8 59 52.8 33 17.7 60 54.3
Table B: Replacement Tree Table Conversion from tree diameter in inches to tree density units for PROPOSED NEW TREES Caliper/Dia. Units 2 .5 3 .6 4 .7 5 .9 6 1.0 7 1.2 8 1.3 9 1.5 10 1.7 Tree Relocation: Replacement units will be granted to trees relocated on site. Tree relocation is subject to approval of the County Arborist.
Exclusions from Tree Density Acreage
Additional Credits
Alternative Compliance
Where the minimum density requirements cannot be fully met, due to site conditions, the applicant may, with the approval of the Director, contribute to the Tree Replacement Fund of Forsyth County.
Contributions will be used for tree planting and care on public property at the direction of the County Arborist. Funds are intended for the planting of new trees, care for special or unusual trees, and tree related education (including tree education signage, teaching materials, and digital product creation). These funds may also be used to cover the labor required to perform tree planting and tree care activities.
Contributions to the tree replacement fund must be paid in full prior to the issuance of any permit.
The tree replacement fund is to act as an “emergency relief valve” and is to be utilized at the County’s discretion. When it has been determined the required site density factor cannot be met with residual or planted trees, a contribution equal to $1,500.00 per unit for each unit short of the requirement must be paid into the tree replacement fund by the developer.
For commercial or industrial zoning districts, the applicant may count significant tree replacement unit credit for trees to be planted in the subject property’s side or rear buffer, if required as a condition of zoning. The applicant may also request to plant trees within the public right of way or on public property within one mile of the subject property; this method of offsite planting compliance may be allowed at the County’s discretion based upon the feasibility of plant material installation on public property within the distance specified above. If off-site planting as described in this section is approved, an indemnification agreement must be executed requiring on-going maintenance of the landscaped area by the applicant and all subsequent owners of the subject property.
Maintenance Period for Development in Commercial, Mixed Use and
Industrial Zoning Districts Trees used to meet the density requirements shall be maintained for one full growing season after the date of final inspection. After one full growing season a maintenance inspection will be performed by the County Arborist to determine if the project is still in compliance with the Tree Protection and Replacement Ordinance. Any trees planted to meet the required site density requirement which are dead or near death must be replaced.
Trees protected to meet the required site density which are dead or near death at the time of the maintenance inspection must be replaced if there is evidence that the demise of such trees was due to an act or omission that caused the tree to deteriorate.
Any trees required to be replaced by this inspection must be planted within 30 days of receipt of notification by the current owner(s). New tree plantings may be postponed for up to six months by posting a performance security (see Section 4.1). Failure to plant new trees in accordance with these provisions will constitute a violation of this Ordinance and will subject the property owner to civil penalties as set forth in this Ordinance.