Title 3 — Development and Permitting, Chapter 630 — Tree Preservation and Replacement Regulations
Applicability and Exemptions
This Chapter shall apply to any activity on real property which requires the issuance of a Development or Land Disturbance Permit except as otherwise excluded in accordance to Table 630-1
| Project Type | Type of Construction | Applicability |
|---|---|---|
| Grandfathered Projects | In no event shall any grandfather clause be extended to permits that have not been started and expired, or are unfinished and expired, for a greater time period than 24 months from the date of enactment of this UDO. For those projects where a development permit was issued and where development was completed prior to the effective date of this UDO and is proceeding with additional development on a portion of the property see Section 630-90 for re- development thresholds. | Exempt (see 630-10.2.) |
| Horticultural or Agricultural Operations | Land clearing for clearly agricultural purposes, including Plant or Tree Nurseries; Orchards | Exempt (see 630-10.3.) |
| Diseased or Insect Infested Trees | Removal upon advice and written finding of County Cooperative Extension Service, Georgia Forestry Commission, or Certified Arborist. | TP/RP Required (see 630- 10.4.) |
| Tree Thinning | Thinning of trees (selective cutting) in zoning districts other than RA-200 solely for the purpose of good forestry management, utilizing recommended BMP's of the Georgia Forestry Commission, upon the advice and written findings of the County Extension Service, Georgia Forestry Commission, or Certified Arborist. | TP/RP Required (see 630- 10.6.) |
| Timber Harvesting | Properties which are not under the authorization of a Final Plat which exceed 1 acre in size, timber harvesting shall be authorized only in accordance with the issuance of a land disturbance permit. | TP/RP Required (see 630- 10.7.) |
| Private or Public Utilities, and County Greenways | Land clearing for utilities and greenways and construction of private or public utilities or greenways | Exempt (see 630-20.3.) |
| Residential Lots or Subdivisions | Clearing, Clearing and Grubbing, Grading, Development or Building Permit | Two trees per lot and street trees and TP/RP meeting 16 TDU's *(see 630-20.4.) |
| Residential Recreation Areas, Multifamily and Non-residential Individual Sites | Clearing or clearing and grubbing only. | TP/RP required (see 630- 20.2.) |
| Grading or Development Permit | TP/RP required (see 630- 20.2.) | |
| Building Permit | Covered by TP/RP as approved by LDP (see 630-20.2) |
Permit Requirements
Land-disturbing activities shall not commence until such activities have been authorized by issuance of an appropriate land disturbance or development permit under the provisions of this UDO. Once a Final Plat has been recorded, land-disturbing activities on residential lots shall not occur until a lot disturbance permit for a specific lot has been obtained.
Projects which propose only limited development activities may be issued a land disturbance permit without a Tree Preservation and/or Replacement Plan under the following circumstances:
Tree Density Requirements
Properties possessing natural gas, petroleum or electric power transmission easements, or major sanitary sewer main (greater than 8 inches in diameter) or water main (greater than 16 inches in diameter) distribution easements, may exclude the land area contained in the easement from the total acreage of the property in fulfilling the Tree Density Standard provided that no improvements (e.g., parking lots, tennis courts, driveways, greenways, stormwater management facilities, etc.) are proposed within the easement. If any improvements are proposed within the easement, then the land area so used within the easement for the improvements, plus an additional 10-feet of land area surrounding the improvements, shall be included in the total acreage of the property to fulfill the Tree Density Standard.
Properties with a lake or pond greater than 1 acre in size may exclude the land area contained in the lake or pond from the total acreage of the property in fulfilling the Tree Density Standard.
The Tree Density Standard shall be calculated by summing the following credits and dividing by the total acreage of the project included within the limits of the permit application (but excluding any acreage included within a zoning buffer and other land area allowed to be excluded by this Chapter).
Table 630-3, Credit for Specimen Trees. When multi-trunked specimen trees split below diameter at breast height the trunk shall be measured at the narrowest point below the split.
Then measure the area of CRZ outside of the buffer. Divide the smaller number into the larger number and that is the percentage of CRZ. For example: a specimen tree's CRZ is 6,000 square feet, 1,200 square feet is outside of the buffer. Divide 1,200 by 6,000 and the answer is .2 or 20 percent of the CRZ is outside of the buffer.
"rounded up" if 0.5 inches or greater or "rounded down" if less than 0.5 inches.
| District | Specimen tree density units |
|---|---|
| 12 in | 3.2 |
| 13 in | 3.6 |
| 14 in | 4.4 |
| 15 in | 4.8 |
| 16 in | 5.6 |
| 17 in | 6.4 |
| 18 in | 7.2 |
| 19 in | 8.0 |
| 20 in | 8.8 |
| 21 in | 9.6 |
| 22 in | 10.4 |
| 23 in | 11.6 |
| 24 in | 12.4 |
| 25 in | 13.6 |
| 26 in | 14.8 |
| 27 in | 16.0 |
| 28 in | 17.2 |
| 29 in | 18.4 |
| 30 in | 19.6 |
| 31 in | 20.8 |
| 32 in | 22.4 |
| 33 in | 23.6 |
| 34 in | 25.2 |
| 35 in | 26.8 |
| 36 in | 28.4 |
| 37 in | 30.0 |
| 38 in | 31.6 |
| 39 in | 33.2 |
| 40 in | 34.8 |
| 41 in | 36.8 |
| 42 in | 38.4 |
| 43 in | 40.4 |
| 44 in | 42.4 |
| 45 in | 44.0 |
| 46 in | 46.0 |
| 47 in | 48.0 |
| 48 in | 50.4 |
| 49 in | 52.4 |
| 50 in | 54.4 |
| 51 in | 56.4 |
| 52 in | 58.4 |
| 53 in | 60.4 |
| 54 in | 62.4 |
| 55 in | 64.4 |
| 56 in | 66.4 |
| 57 in | 68.4 |
| 58 in | 70.4 |
| 59 in | 72.4 |
| District | Tree density units |
|---|---|
| 2 in | .5 |
| 3 in | .6 |
| 4 in | .7 |
| 5 in | .9 |
| 6 in | 1.0 |
| 7 in | 1.2 |
| 8 in | 1.3 |
| 9 in | 1.5 |
| 10 in | 1.7 |
| 11 in | 1.9 |
| 12 in | 1.1 |
| 13 in | 2.3 |
| 14 in | 2.5 |
| 15 in | 2.7 |
| District | Tree density units |
|---|---|
| 3 in | .75 |
| 4 in | .90 |
| 5 in | 1.05 |
| 6 in | 1.35 |
| 7 in | 1.50 |
| 8 in | 1.65 |
| 9 in | 1.8 |
| 10 in | 1.95 |
| 11 in | 2.1 |
| 12 in | 2.4 |
| 13 in | 2.7 |
| 14 in | 3.3 |
| 15 in | 3.6 |
| 16 in | 4.2 |
| 17 in | 4.8 |
| 18 in | 5.4 |
| 19 in | 6.0 |
| 20 in | 6.6 |
| 21 in | 7.2 |
| 22 in | 7.8 |
| 23 in | 8.7 |
| 24 in | 9.3 |
| 25 in | 10.2 |
| 26 in | 11.1 |
| 27 in | 12.0 |
| 28 in | 12.9 |
| 29 in | 13.8 |
| 30 in | 14.7 |
| 31 in | 15.6 |
| 32 in | 16.8 |
| 33 in | 17.7 |
| 34 in | 18.9 |
| 35 in | 20.1 |
| 36 in | 21.3 |
| 37 in | 22.5 |
| 38 in | 23.7 |
| 39 in | 24.9 |
| 40 in | 26.1 |
| 41 in | 27.6 |
| 42 in | 28.8 |
| 43 in | 30.3 |
| 44 in | 31.8 |
| 45 in | 33.0 |
| 46 in | 34.5 |
| 47 in | 36.0 |
| 48 in | 37.8 |
| 49 in | 39.3 |
| 50 in | 40.8 |
Tree Canopy Calculation Requirement
developments adding structural or site improvements. Pre-construction and post construction calculations shall be provided on the Tree Preservation/ Replacement Plan and shall include the total net increase or decrease in canopy area for the site. There is no minimum or maximum tree canopy percentage required at this time.
Example of Tree Canopy Calculation.
Qty Botanical Name Canopy Area in square Total Canopy area in feet square feet
10 Fraxinus pennsylvanica 491 4,910 27 Juniperus virginiana 79 2,133 14 Quercus coccinea 1,590 22,260 8 Nyssa aquatica 1,256 10,048 23 Pinus taeda 491 11,293 6 Existing oak hardwoods 1,800 (avg.) 10,800
Existing (mixture of polygon 23,400 softwoods and hardwoods)
Total site acreage 174,240 Percentage of total site 84,844 divided by 49% covered by canopy 174,240
Tree Preservation and Replacement Requirements
The following guidelines and standards shall apply to trees proposed to be preserved for credit toward meeting the minimum required Tree Density Standard on a property and to all boundary trees extending into permitting property.
If encroachment into a Tree Protection Area occurs causing irreparable damage to the trees, the Tree Preservation and/or Replacement Plan shall be revised to compensate for the loss. Under no circumstances shall the developer be relieved of responsibility for compliance with the provisions of this Chapter of the UDO, nor shall plan revision activities stop the Department from instituting action for violation of this Chapter of the UDO.
Tree Species List Requirements
Tree species lists for small, medium, or large trees are found in Section 4.0 of the Appendix. The Director is authorized to administratively add and delete species from the list. Except as specifically approved by the Director as a modification, only the trees listed in Section 4.0 of the Appendix shall be given credit towards meeting the requirements of Chapters 610, 620, and 630.
Shrub Species List Requirements
Allowed shrub species lists are found in the Appendix. Except as specifically approved by the Director as a modification, only the approved shrubs listed in the Appendix shall be given credit towards meeting regulatory requirements of Chapters 610, 620, and 630. The Director is authorized to administratively add and delete species from the list.
Prohibited Plant Species List
The Gwinnett County Prohibited Plant Species List contains trees, shrubs, ground covers, vines and grasses that are defined as exotic plants that are serious to minor problems in Georgia natural areas based on the Georgia Exotic Pest Plant Council. The plants on Gwinnett County Prohibited Plant Species List are invasive plant species and shall not be used for meeting regulatory requirements. The Director is authorized to administratively revise the list based on current information from the Georgia Exotic Pest Plant Council.
Ground Covers
Unless otherwise stated in Chapter 400 or required per condition of zoning, all disturbed areas shall be sodded, or seeded, or be planted with an approved alternate native ground cover and specified on the Tree Preservation/Tree Replacement plans.
Specimen Trees
70.4 of this UDO. For plan preparation guidelines for the Specimen Tree Survey and Specimen Tree Concept Plan refer to Section 330-90of this UDO.
that does not meet the exemptions listed in Section 630-70.8 below prior to the Specimen Tree Concept Plan submittal and shall be prepared by a certified arborist, authorized registered professional or registered forester. In cases where there is phasing of development a Specimen Tree Survey Plan and a Specimen Tree Concept Plan is required for the entire property boundaries prior to the Final Plat for the first phase. Any tree that meets the identification criteria for tree size in Section 630-70.3 below is considered a specimen tree and shall be shown on the Specimen Tree Survey Plan. Any tree that meets the identification criteria for tree size and condition in Section 630-70.3 shall be shown on the Specimen Tree Concept Plan. In general, the Specimen Tree Survey Plan shows where the existing specimen trees that meet the identification criteria for size are located, and the Specimen Tree Concept Plan shows where the existing specimen trees that meet the identification criteria for size and condition are located in relation to the preliminary plan design. For plan preparation guidelines for the Specimen Tree Survey and the Specimen Tree Concept Plan refer to Section 330-90 of this UDO.
of non-specimen trees. Stumps may be ground provided there is no grading disturbance.
Japanese Honeysuckle, Lonicera japonica; Japanese Climbing Fern, Lygodium japonicum; Mimosa, Albizia julibrissin; Multiflora Rose, Rosa multiflora; Autumn Olive, Elaeagnus umbellata, Chinese Privet, Ligustrum sinense; Chinese Tallow Tree, Sapium sebiferum. A Commercial Applicator License and a Pesticide Contractor License are required by the contractor if the use of herbicides is necessary for noxious plant material removal.
The following are exempt from a Specimen Tree Survey Plan and Specimen Tree Concept Plan:
Any proposed disturbance shall be reviewed and approved by the Director. Credit may be given for the specimen tree when the Critical Root Zone is disturbed up to 25 percent. Credit is listed in Table 630-3 (Credit for Specimen Trees) and is as follows:
iii Limits of Disturbance
The following are suggested guidelines for successful specimen tree preservation.
The result is the total number of credit units attributed to the specimen tree. For this example, the tree was removed without prior Director approval, therefore the Tree Density Unit for the specimen tree must be multiplied by two. Take the total and divide by .6 (a 3-inch caliper replacement tree is worth .6 units). The result is the number of trees necessary to replace the specimen tree. Multiply the number of trees needed by the cost of the tree including planting, labor, and materials. The result is the total cost to replace the specimen tree or "the value" of the specimen tree.
Tree Bank for Alternative Compliance
The intent of the requirements of this Section is to ensure that a minimum number of trees are replaced and/ or preserved on newly developed or redeveloped sites. The Tree Bank is an alternative option and may be used in the event the site tree density or recompense tree density unit requirements cannot be met on-site due to hardship.
Hardship must be documented by the developer and presented to the Director before the Tree Bank may be used.
Trees required by this Ordinance such as but not limited to parking lot, landscape strip, landscape setbacks, landscape frontages, street frontage buffer, supplemented buffer, and no access easement plantings must be planted on site and shall not utilize the Tree Bank.
A developer may choose to provide the Gwinnett County Department of Planning and Development with monetary compensation for trees. If the Tree Bank is chosen, then the following criteria shall be observed:
Redevelopment
developer, authorized registered professionals, design professionals and staff schedule a pre-submittal meeting with the department to discuss the potential of the site and any issues that may be present on the site.
Chapter 610 and Section 630-70 respectively and provide compliance with parking lot, landscape strip and Tree Density Unit requirements.
greater of the site area, a Tree Preservation and/or Tree Replacement Plan is required. The plan shall show landscape strip planting, parking lot trees, Tree Density Units, buffers and shall comply with the requirements of Chapters 600, 610, 620, and 630 of this UDO.
less of the site area, a Tree Preservation and/or Tree Replacement Plan is required. The plan shall include the existing and proposed landscape conditions that verify compliance with Chapters 600, 610, 620, and 630 of this UDO.
where the footprint of the building counts toward the site disturbance.
Water-Efficient Design Considerations
plats required by this UDO to consider the use of water-efficient landscaping principles and techniques as one of the criterion to be used in plant selection and design.
Artificial Materials Prohibited
Warranty, Maintenance Surety, and Performance Surety
the warrant and surety requirements of Chapter 900.
Enforcement
Enforcement of this Chapter shall be consistent with the terms of Chapter 120 of the UDO.