Forsyth County › Ordinance 98 — Tree Protection and Replacement

Draftnot the jurisdiction's published text

Forsyth County supplies this ordinance only as a track-changes draft. The text here is the ordinance as amended by that draft, which county staff are applying to live projects, but the amendment is not confirmed as adopted. Confirm with the Forsyth County Arborist before relying on any figure.

Article 4

current as of 2022-03-03currency checked manuallyview the source document ↗5 sections · full chapter

§ 4.1

Performance Security

When planting stock availability is low or weather conditions are not appropriate for planting new trees, the project owner may postpone planting for up to six months, provided that performance security is posted with Forsyth County in accordance with the following criteria:

A.Security shall be in an approved form submitted to the Department of Planning and Community Development with appropriate documentation of stock availability and weather conditions.

B.Security shall be in an amount equal to 150 percent of the cost of materials, installation, and guarantee, as demonstrated by a signed contract between the owner and a landscape contractor and approval by Department of Planning and Community Development.

An inspection shall be made by the Department of Planning and Community Development of all tree plantings to assure compliance with plan requirements prior to release of the performance security. Forsyth County will use the performance security at the time of expiration if the planting requirements have not been fulfilled, or if the owner has not requested an extension. Funds received from the performance security will be used to bring the project into compliance. One six month extension is permitted with documented justification. Any inspections performed after the final inspection (for project release) are subject to re-inspection fee schedules, which shall be maintained on file at the Department of Planning and Community Development.

§ 4.2

Inspection

the draft cuts 5 passages here and adds 5

The County Arborist may periodically inspect the project during the course thereof and shall make a final inspection following the completion of work. Applicants shall cooperate with the Department of Planning and Community Development in making such inspections. The Department of Planning and Community Development shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this article, and for the purpose of entering at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activities.

No person shall refuse entry or access to any authorized County employee who request entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

Prior to any land-disturbing activity, the Department of Planning and Community Development must inspect all tree protection devices for compliance with the Tree Protection and Replacement Plans. Failure to adhere to Tree Protection and Replacement Plans will subject the project to enforcement procedures found in this article.

Prior to the issuance of a certificate of occupancy, final plat, or other forms of County acceptance, the Department of Planning and Community Development shall inspect for compliance with all Tree Protection and Replacement Ordinance requirements. Any disturbances in tree save areas or deficiencies in the required site density factor will be cited at this time. Tree save area deficiencies must be corrected with new tree plantings prior to project release.

Existing trees, which are not expected to survive, will not be counted toward meeting density requirements. Conversely, any existing trees not shown to remain on plans but which have been saved (meeting all tree protection standards) through field adjustments may be counted toward density requirements, provided that all changes are recorded.

Once a tree save area has been established through the Department of Planning and Community Development plan approval process, any destruction of trees in that area must be mitigated by planting new trees to a density factor of 60 units per acre. Revised Tree Protection and Replacement Plans must be submitted and approved by the Department of Planning and Community Development.

§ 4.3

Remedial Care

Trees in tree save areas, which have been adversely impacted by the construction process, may be subject to remedial care. Remedial care will be performed at the discretion of the County Arborist and may include (but is not limited to) the following:

•Pruning

•Soil aeration

•Fertilization

•Supplemental watering

§ 4.4

Stop-Work Orders, Suspension, Revocation and/or Modification of Permit

the draft cuts 2 passages here and adds 1

Civil Penalties Any County issued permit may be suspended, revoked or modified by the Director upon finding that the holder is in violation of the terms of the permit or any portion of this Ordinance.

A.If it is determined that a person has engaged in land-disturbing activities and has failed to comply with the terms and conditions of this Ordinance, a written notice to comply shall be posted on site. Failure to comply with the terms and conditions of this ordinance within three days after such notice of non-compliance has been issued shall result in immediate issuance of a stop work order. Where any emergency exists, as determined by the Director, no written notice shall be required before a stop work order is issued.

B.Any person violating any provision of this article, approved Tree Protection and Replacement Plans, or stop-work order shall be subject to issuance of a Magistrate Court Citation, which may result in a fine up to $1000 per violation. Regarding tree violations, a violation shall be considered an individual removed or damaged tree.

Each calendar day a violation exists shall be considered a separate offence. There is no maximum to the accrual of fines. All fines will be deposited into the Tree Replacement Fund of Forsyth County.

In addition to or in lieu of any Magistrate Court action or civil penalty, the Department of Planning and Community Development shall require the replacement of trees by the person violating this Ordinance in order to meet the minimum requirements set out herein.

§ 4.5

Fees

Permit processing and/or inspection fees may be established from time to time by the Department of Planning and Community Development.

ARTICLE 5 APPEALS