Article 8 — Buffer, Landscape and Tree Ordinance
Intent, Purpose and Title
Intent
This ordinance shall apply to all properties or portions thereof located within the incorporated areas of Lawrenceville, Georgia, to the extent the provisions contained herein. The City Council of the City of Lawrenceville hereby finds the protection and preservation of trees, the planting of new trees and other landscape material, and the provision of buffers between dissimilar uses as part of the development process is a public purpose and provides for the public health and general welfare.
Purpose
Title
This ordinance shall be known as “The Buffer, Landscape and Tree Ordinance of the City of Lawrenceville, Georgia” and may be referred to generally as “The Buffer Ordinance,” or “The Landscape Ordinance,” or “The Tree Ordinance,” or, as used herein, “this ordinance.”
Definitions
Buffer: Land area used to visibly separate one use from another through screening
Land area used to visibly separate one use from another through screening and distance to shield or block noise, light, glare, visual or other conditions, minimize physical passage to dissimilar uses or to reduce air pollution, dust, dirt and litter. Buffer widths vary depending upon the zoning district and the adjacent zoning district and conditions of zoning. Specific types of buffers include:
No disturbance is allowed except for maintenance or removal of hazardous trees, approved perpendicular access, utility crossings and the initial addition of vegetative screening.
All land development activity subject to this ordinance shall meet the following requirements:
feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.
City: The City of Lawrenceville, Georgia.
The City of Lawrenceville, Georgia.
Clearing: The removal of vegetation from a property, whether by cutting or other
The removal of vegetation from a property, whether by cutting or other means.
Clear Cutting: The broad removal of all trees and/or vegetation from a particular
The broad removal of all trees and/or vegetation from a particular area.
Critical Root Zone: An area represented by a concentric circle centering on the
An area represented by a concentric circle centering on the tree’s trunk with a radius equal in feet to one (1) times the number of inches of the trunk diameter.
Deciduous Tree: A tree that drops foliage at one season of the year, generally in
A tree that drops foliage at one season of the year, generally in autumn.
Development Activity: Any alteration of the natural environment which requires
Any alteration of the natural environment which requires the approval of a development or site plan and issuance of a development permit.
Development Permit: A permit that is issued by the City that authorizes
A permit that is issued by the City that authorizes development activity, and includes but is not limited to, a land disturbance permit or building permit.
Development Regulations: The adopted regulations providing for the subdivision
The adopted regulations providing for the subdivision and development of real property within the City, as amended from time to time by the City Council.
Diameter: The diameter of a tree is to be measured by one of the following
The diameter of a tree is to be measured by one of the following methods:
Director: The Director of the Department of Planning and Zoning or his/her
The Director of the Department of Planning and Zoning or his/her designee.
Evergreen Tree: A tree that maintains foliage throughout the entire year.
A tree that maintains foliage throughout the entire year.
Grading: The placement, removal or movement of earth.
The placement, removal or movement of earth.
Grubbing: The removal of stumps or roots from a site.
The removal of stumps or roots from a site.
Impervious Surface: A surface that does not permit the absorption of fluids
A surface that does not permit the absorption of fluids particularly pertaining to stormwater runoff.
Landscape Strip: Land area located within the boundary of a lot and required to
Land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.
Pervious Surface: A surface that permits the absorption of fluids particularly
A surface that permits the absorption of fluids particularly pertaining to stormwater runoff.
Saved Tree: A tree in which the critical root zone has not been disturbed by more
A tree in which the critical root zone has not been disturbed by more than twenty-five (25) percent.
Shrub: A woody plant of relatively low height, as distinguished from a tree by
A woody plant of relatively low height, as distinguished from a tree by having several stems rather than a single trunk.
Tree: Any living, self-supporting woody or fibrous plant which normally obtains
Any living, self-supporting woody or fibrous plant which normally obtains a diameter at breast height of at least three (3) inches.
Tree Removal: Any act which causes a tree to die within two (2) years after
Any act which causes a tree to die within two (2) years after commission of the act.
Tree Replacement/Protection Plan: A plan that identifies tree protection areas
A plan that identifies tree protection areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet minimum requirements, as well as methods of tree protection to be undertaken on the site and other pertinent information.
Tree Planting List: The recommended species of replacement trees listed in
The recommended species of replacement trees listed in Appendix “A” of this ordinance.
Tree Protection Area: Any portion of a site wherein are located existing trees
Any portion of a site wherein are located existing trees which are proposed to be preserved in order to comply with the requirements of this article. The Tree Protection Area shall include no less than an area defined by this ordinance as the minimum critical root zone disturbed to be considered a saved tree.
Zoning Ordinance: The adopted zoning ordinance of the City of Lawrenceville,
The adopted zoning ordinance of the City of Lawrenceville, as amended from time to time by the City Council.
Buffer Regulations
Adherence to the following requirements must be shown on an approved Tree Protection/Tree Replacement Plan prior to the issuance of a Development Permit.
Applicability
Where office, commercial or industrial districts are contiguous with residential districts, the Planning Commission or City Council will require a side/or rear yard in excess of the dimensions specified in the district regulations. The Commission or Council reserves the right to require a similar buffer area between other districts and uses deemed incompatible or marginally compatible. Buffers shall be in accordance with the requirements and provisions of the Zoning Ordinance of the City of Lawrenceville or as a condition of zoning, special use or variance approval.
Standards for Permanent Buffers
Example: If you have adjoining industrially zoned parcels and one parcel is down zoned to residential, thus creating buffer requirements on the remaining industrial parcel, the residential buffer requirements shall be increased to include what would have been imposed on the industrial parcel.
These additional plantings shall consist of evergreen trees not less than six (6) feet in height at time of planting and evergreen shrubs not less than three (3) gallon containers at time of planting.
All supplemental plantings in buffers shall be limited to 33% of one genus of a tree. Calculations shall be required on the Tree Preservation/Tree Replacement Plan. The following types of vegetation are approved for this purpose, but not to the exclusion of others which might be approved subject to meeting the growth requirements stated herein:
Sweetbay Magnolia (Magnolia virginiana)
Eastern Red Cedar (Juniperus virginiana)
Tree Form Holly (Ilex opaca)
Cherry Laurel (Prunus caroliniana)
Arborvitae Green Giant (Thuja standishii x plicata Green Giant)
Japanese Cryptomeria (Cryptomeria japonica)
Camellia (Camellia japonica)
Deodar Cedar (Cedrus deodara)
Cleyera (Cleyera Japonica)
All Holly varieties Southern Waxmyrtle (Myrica Cerifera)
Glossy Abelia (Abelia x grandiflora)
Gardenia (Gardenia jasminoides)
The following measures shall be utilized in order to ensure a minimal impact on required buffers.
Landscape Regulations
Adherence to the following requirements must be shown on an approved Tree Protection/Tree Replacement Plan prior to the issuance of a Development Permit.
Applicability
Although not required, owners of real property located in existing single family subdivisions are encouraged to provide supplemental tree plantings.
Landscape Strip
Required Landscape Strips shall contain landscaping and plantings within the Landscape Strip and shall meet the following minimum requirements:
Genus and species of required Landscape Strip trees are encouraged to be found in Appendix “A”; however, alteration from Appendix “A” shall be permitted as authorized by the Director.
Off-Street Surface Parking Lot Planting Requirements
Off-street parking lots which are required to contain more than five (5) parking spaces shall contain landscaping and plantings as follows:
Trees may be planted and spaced singularly or in groups. Each planting area or island shall not be less than four (4) feet in width in any direction.
Compliance
Artificial Materials Prohibited
All artificial plants, trees, shrubs, grass or other vegetation shall be prohibited from fulfilling the requirements of this ordinance.
Warranty or Maintenance Surety
Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this ordinance, and following acceptance by the department in accordance with the procedures set forth in the Development Regulations, the owner shall either provide proof of warranty or post a Maintenance Bond or other acceptable surety, warranting the new trees, shrubs or landscape material for a period of no less than one (1) calendar year from the date of final acceptance by the City. This section shall not apply to individual residential lot trees.
Inspections
Enforcement
Inspections and enforcement of the Tree Ordinance will be the responsibility of the Director of the Department of Planning and Zoning or his designee and shall follow the procedures outlined in Article XI of the Zoning Ordinance of the City of Lawrenceville.
IT IS SO ORDAINED, this ____ day of March, 2014.
_____________________________________ Mayor Judy Jordan Johnson Attest: __________________________ City Clerk