Union City › Zoning Ordinance
Article 9 — Tree Preservation and Landscape Enhancement
§ 9-1
Purpose.
The purpose of this ordinance is to create and maintain a structure of standards that will preserve and conserve the rural and urban wooded environment of Union City now and into the future. There is great value in trees and they are a resource that belongs to the whole community. Because trees are a resource that is like any other valuable resource, they will be maintained and protected. Union City will plant tree species that are best suited for this environment (hardy, durable and highly adaptable) and encourage private citizens to do the same. Union City will require replanting of trees by construction companies, developers, and other businesses that remove trees in our community.
Furthermore, trees generate public benefits including:
1.The purification of air;
2.The moderation of the micro-climate;
3.The reduction of noise and glare;
4.The conservation of energy in terms of heating and cooling;
5.The prevention of soil erosion;
6.Reduced costs in terms of stormwater management;
7.The minimization of flood potential;
8.Improve water quality;
9.The enhancement and stabilization of property values;
10.Improved aesthetics; and
11.The preservation of rural character.
§ 9-2
Applicability.
A.This ordinance shall apply to any activity that requires a Land Disturbance Permit.
B.Exemptions from the City of Union City Tree Protection and Landscape Enhancement Ordinance are:
1.Trees found to be dead, diseased, insect-infested, or severely damaged by storms or wind as determined by the Zoning Administrator or his or her designee, an Arborist, a Registered Forester or the Georgia Forestry Commission.
2.Orchards and tree nurseries in active commercial operations;
3.All property involved in a viable agricultural operation (establishment, cultivation, or harvesting of fields) or livestock operation;
4.Playgrounds, golf courses, athletic fields or courts approved by the City; and
5.The removal, replacement, planting, pruning, or transplanting of trees on an existing single-family or duplex residential property that has formerly received a Certificate of Occupancy and remains in residential use.
C.Non-conforming Uses. This Ordinance shall not apply to any portion of a property included within the limits of a valid land disturbance permit issued prior to the effective date of this Ordinance, subject to all time constraints relating the permit issued and provided that all requirements of Chapter 5-34 that were in effect upon the date of issuance of the land disturbance permit shall be met, except requirements duly varied as provided by Article XIII of the Union City Zoning Ordinance.
§ 9-3
Procedure.
A.Application Procedure. A Tree Protection Plan (TPP) must be submitted to the Zoning Administrator or his designee upon application for a Land Disturbance Permit. For purposes of the Tree Protection and Landscape Enhancement Ordinance the Zoning Administrator’s designee is the City Engineer. The TPP may be combined with required Construction Plans or Site Plans when possible. The TPP must be prepared by a qualified Landscape Architect, Registered Forester or Arborist except when the land disturbing activity is for a detached single-family development or lot within such development. In the case of a detached single-family development or lot within such development, the TPP may also be prepared by the owner, developer or contractor applying for a Land Disturbance Permit.
B.Application Requirements.
1.Tree Survey. A tree survey shall be submitted along with a Tree Protection Plan in the construction plan and site plan approval process. The tree survey shall be prepared in the field by an Arborist, Registered Landscape Architect or Registered Forester and recorded on a site plan using a scale of not greater than 1”=50’. It shall identify the location, size, and species (common name) of all trees existing on the site. All trees 12 inchesand larger shall be shown on the Tree Survey. Trees larger than two (2) inches shall be identified if they are to becounted toward required tree density for the Tree Protection Plan. Trees other than specimen trees that areoutside the protected zone are not required to be counted, but shall beidentified as a stand, with information concerning the approximate number, size, and species noted on the survey drawing.
2.Tree Protection Plan (TPP). Three (3) copies of a TPP shall be submitted with other documents required for construction plan or site plan approval before any land disturbance occurs. The TPP shall be prepared by an Arborist, Registered Landscape Architect or Registered Forester. TheTPP shall be submitted on a current topographic survey of the site, and drawn to the same scale as the Tree Survey, but not less than 1”=50’. The TPP shall clearlyshow all of the information listed below:
a.The identity of the tract of land upon which trees sought to be removed are located, including land lot, land district, adjacent streets and all boundaries of the tract.
b.The name, address, and phone number of the owner of the land and of the applicant, if not the owner.
c.The type, location, and size of specimen trees, significant trees, and other trees being protected and preserved. Only trees designated on the TPP shall count toward required density.
d.The location, size, species, and critical root zone of any specimen trees, including those intended to be removed.
e.All protected areas, natural areas, landscape areas, zoning buffer areas, stream buffer areas, and areas of tree replacement.
f.Locations, details and specifications for tree protection measures, including tree fencing, erosion control, retaining walls, tunneling for utilities, aeration systems, transplanting, staking and signage.
g.Limits of clearing and land disturbance such as grading, cut and fill, indicating where these disturbances may affect tree protection zones.
h.Locations of all existing and proposed utility lines or easements.
i.Indicate staging areas for parking, material storage, burn pits and other areas where tree protection may be affected.
j.Calculations showing compliance with the required tree density using existing trees, replacement trees, and alternative methods of compliance.
Existing trees or stands of trees to be counted in the density requirements must be indicated and tabulated. Only existing trees with a DBH of two (2) inches or greater may be counted toward the minimum tree density.
k.Site Improvements and Structures including but not limited to buildings, canopies, retaining walls, signs, parking, driveways, utility lines and poles, dumpster enclosures, fences, detention ponds, walkways, and other paved surfaces.
l.Other information required by the City Engineer.
3.TPP Review and Approval. The City Engineer will review the TPP for conformance with the applicable requirements of this ordinance and will either approve the TPP or return it for revisions. The review will normally be completed within fifteen (15) working days after it was received. Required revisions will be stated in writing.
4.Final Inspection. No building permit or Certificate of Occupancy shall be issued with respect to any development or individual lot unless the Zoning Administrator or his or her designee shall have inspected the appropriate areas of the site and determined that all existing trees to remain are in healthy condition and all replacement trees are acceptable and have been planted in accordance with this section.
5.Compliance and Enforcement. Issuance of a Land Disturbance Permit shall be contingent on approval of the TPP. The Zoning Administrator shall have the authority to revoke, suspend, or void any Land Disturbance Permit, stop all work on a site or any portion thereof, or withhold a Certificate of Occupancy when there has been a violation or failure to comply with any of the provisions of Article IX.
6.Appeals and Variances. Any applicant who is aggrieved by the decision of the Zoning Administrator or City Engineer shall have the right to appeal said decision as provided under Article XIII of the Union City Zoning Ordinance.
Any final decision of the City or courts in the case of an appeal which provides for limitations on the property of a tree owners, shall be recorded so the at record notice of the decision is given to successors in interest of the tree owner’s property.
7.Violation and penalty. Any person, firm, or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor. Each tree cut, damaged, or poisoned shall constitute a separate offense and each day’s continuance of a violation shall be considered a separate offense. The Municipal Court shall have jurisdiction to try offenses of these regulations.
§ 9-4
Standards for Tree Preservation and Replacement.
A.Tree Preservation.
1.It shall be the policy of the City of Union City that preserving existing native species of trees is preferred to replacing them with newly planted trees. Tree removal may be disallowed where reasonable accommodations can be made to alter the proposed project to save significant trees and such accommodation has not been made in the grading plan, site plan, or building plan.
2.Specimen trees shall be preserved wherever feasible except for trees that are diseased, structurally unsound, or damaged to such a degree that they are unlikely to survive and may pose a threat to human safety or cause serious property damage.
3.Specimen trees that are in good health and condition shall not be removed from any proposed right of way or from the protected area of any private property without approval from the City Engineer. The City Engineer may authorize removal of a healthy, sound specimen tree only if he or she finds the location of the tree is clearly within the buildable area of the lot or street right-of-way and the relocation of necessary permanent buildings or site improvements to save the tree would not be feasible. Removal of any other specimen tree from private property shall be prohibited.
4.Tree removal shall be disallowed if severe soil erosion or runoff problems will result due to topography, soil type, or proximity to flood plain orstream buffer, and the removal will substantially alter the existing soils and increase runoff and erosion.
5.Trees shall not be removed from the floodplain, except as follows:
a.Trees found to be diseased or insect infested by the Zoning Administrator, County Extension Service, the Georgia Forestry Commission, an Arborist, or a Registered Forester; or
b.As necessary for construction, repair or maintenance of public roads, utilities or drainage systems; or
c.As part of a Corp of Engineers approved wetland mitigation plan.
6.Existing trees to be preserved on a lot or site which is the subject of a permit allowing land disturbance shall be protected from damage due to physical root damage, indirect root damage, and trunk and crown damage. Protective measures should be defined in the TPP for trees that are not to be removed. Protection measures shall include but are not limited to:
a.Approved protective fencing installed to encircle critical root zones of trees to be preserved. All protective measures shall remain in functioning condition until completion of the project or until the Certificate of Occupancy is issued.
b.No person engaged in the construction of any structure(s) or improvement(s)
or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six (6) feetof the area outside the critical root zone, as defined herein, of any existing tree that is subject to preservation in accordance with this section.
c.Increasing the grade by adding soil layers onto the tree’s root system or trenching below a tree’s roots shall only be done with the approval of the City Engineer.
B.Tree Density Requirements.
1.Property subject to Article IX shall be developed so as to provide a minimum tree density of 100 inches per acre of the entire tract being developed. The tree density shall be calculated as a collective measurement of tree trunk diameter of existing and replacement trees. Existing trees to be preserved shall be given density credit based on their size measured in DBH. The size of replacement trees shall be measured according to nursery standards using tree caliper.
2.Within the protected areas of the site at least 50 percent of all significant trees shall be preserved.
3.Replacement trees required to be planted on the site may include street trees.
4.Parking Lot Landscaping. Off-street parking lots, which contain more than five (5) off-street parking spaces on any single lot, shall contain landscaping and plantings along streets as provided in Article X. Such trees may be counted toward tree density requirements.
5.If landscaping is not established, the Zoning Administrator or his/her designee may approve issuance of a Certificate of Occupancy conditioned on provision of cash, cashier’s check or money (Cash Deposit) order to be deposited in an escrow account in the amount of 110 percent of the City Engineer’s estimate of the cost of completing all required work. The Cash Deposit shall be held for a period of 18 months. In the event that the landscaping work is not completed prior to the date on which said 18 months expires, the City shall be entitled to use said Cash Deposit to complete the landscape work on behalf of the property owner. At the time of the acceptance of the Cash Deposit, the permittee, builder or owner shall sign a document informing him or her of the provisions necessary to complete the landscape work. The document referred to herein shall be signed by the permitee, builder or owner prior to the time a certificate of occupancy is issued. (Ordinance 11-08, 6/21/11)
C.Tree Bank. The intent of the requirements of this subsection 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 only in the event the site tree density or recompense tree requirement cannot be met on-site due to hardship. Hardship must be documented by the developer and presented to the Zoning Administrator before the Tree Bank may be used. Where the City Engineer determines that the minimum tree density cannot be met due to the natural site constraints, the number of trees to be planted on a site or lot shall be determined by the City Engineer based on site review.
1.Monetary Compensation for Trees. A developer may choose to provide the City with monetary compensation for trees. If this alternative for the development is chosen, then the following criteria shall be observed:
a.Provide tree density calculations on the Tree Preservation and/or Tree Replacement Plan. Show the total amount inches in DBH that cannot be met on-site.
b.Multiply the number of inches that cannot be met on-site by the Monetary Compensation Value. The product of those two numbers shall be provided on the Tree Preservation and/or Tree Replacement Plan. Contact the City Engineer for the current Monetary Compensation Value.
c.Provide a certified check made payable to the City of Union City in the amount of the product as listed in item 1 above and as provided on the Tree Preservation and/or Tree Replacement Plan. Submit the certified check to the Zoning Administrator along with a copy of the approved Tree Preservation and/or Tree Replacement Plan.
d.The monies collected for the Tree Bank Option may be used by the City for the planting of trees at parks, greenways, fire stations, libraries, and other similar community facilities. Alternate planting locations may be approved by the Zoning Administrator.
2.Standards for Administering Alternative Compliance Methods. The Zoning Administrator must review and approve all requests for alternative compliance.
In no instance shall the alternative compliance option be used to comply with any ordinance requirement other than the tree density requirement. The site development permit shall be issued after the Zoning Administrator has approved the request for either compliance option and received the necessary documentation and funds.
3.Exclusions. Trees used to meet requirements for parking lots, landscape strips, street frontage buffers, or buffer replanting must be planted on site and are excluded from the Tree Bank procedures. (Amended 8/22/23; Ord. No. 2023-04)
D.Tree Planting Standards.
1.Replacement trees must meet the standards of American Standards for Nursery Stock (ANSIZ60.1, latest edition) and be quality specimens free of disease, injury, or infestation and planted in accordance with standards established by the International Society of Arboriculture.
2.Tree Species List:
a.The following trees are suitable as replacement overstory trees:
OVERSTORY TREES
Common Name Botanical Name Native Street Tree Parking Lot Buffer Evergreen Avg. Height Avg. Width
Table or figure — shown as printedverify at source ↗
Florida Maple Acer barbatum Y Y 60 35 Sugar Maple Acer saccharum Y Y Y 50 35 River Birch Betula nigra Y 50 40 Pecan Carya illinoinensis 100 70 Hickory Carya Spp. Y Y Y 100 70 Sugar Hackberry Celtis laevigata Y Y 70 50
American Yellowwood Cladrastis kentuckea Y Y 50 40 Japanese
Table or figure — shown as printedverify at source ↗
Cryptomeria Cryptomeria japonica Y Y 60 20 American Beech Fagus grandifolia Y 70 40 White Ash Fraxinus Americana Y Y 80 60 Green Ash Fraxinus pennsylvanica Y Y 60 25
Ginkgo, Maidenhair
Table or figure — shown as printedverify at source ↗
Tree Ginkgo biloba (Male) Y Y 50 30 Eastern Red Cedar Juniperus virginiana Y Y Y 50 20 Sweetgum Liquidambar styraciflua Y 70 45 Yellow Poplar Liriodendron tulipifera Y Y Y 90 40 Southern Magnolia Magnolia grandiflora Y Y Y 80 40
Metasequoia
Table or figure — shown as printedverify at source ↗
Dawn Redwood glyptostroboides 80 25 Blackgum Nyssa sylvatica Y Y 80 45 Loblolly Pine Pinus taeda Y Y Y 100 25 American Sycamore Platanus occidentalis Y Y 100 45 London Plane Tree Platanus x acerifolia Y Y 100 80 White Oak Quercus alba Y 80 60 Southern Red Oak Quercus falcata Y Y Y 80 45 Yellow Oak Quercus muehlenbergii Y Y Y 100 50 Water Oak Quercus nigra Y Y Y 80 40 Willow Oak Quercus phellos Y Y Y 60 35 Northern Red Oak Quercus rubra Y Y Y 70 45 Shumard Oak Quercus shumardii Y Y Y 80 60 Post Oak Quercus stellata Y Y 50 40 Bald Cypress Taxodium distichum Y Y Y 70 25
Tilia americana var.
Carolina Basswood caroliniana Y Y Y 60 30 Japanese Zelkova Zelkova serrata Y Y 70 50
b.The following trees are suitable as replacement for understory trees:
UNDERSTORY TREES
Common Name Botanical Name Native Street Tree Parking Lot Buffer Evergreen Avg. Height Avg. Width
Table or figure — shown as printedverify at source ↗
Trident Maple Acer buergerianum Y Y 30 20 Japanese Maple Acer palmatum Y 20 20 Red Maple Acer rubrum Y Y Y 50 35 Serviceberry Amelanchier arborea Y Y 25 20 Hornbeam Carpinus caroliniana Y Y 25 25 Eastern Redbud Cercis canadensis Y Y 25 25 White Fringetree Chionanthus virginicus Y Y 25 25 Flowering Dogwood Cornus florida Y Y 20 20 Green Hawthorn Crataegus spathulata Y 20 20 Lusterleaf Holly Ilex latifolia Y Y 25 20 American Holly Ilex opaca Y Y Y 30 15 Winterberry Ilex verticillata Y Y Y 15 10 Yaupon Holly Ilex vomitoria Y Y Y 20 10 Foster Holly Ilex x attenuata 'Fosteri' Y Y 25 10
Ilex x attenuata Savannah Holly 'Savannah' Y Y 25 10 Nellie R. Stevens
Table or figure — shown as printedverify at source ↗
Holly Ilex x 'Nellie R. Stevens' Y Y 30 10 Star Magnolia Magnolia stellata 20 15 Crabapple Malus angustifolia Y Y 25 20 Wax Myrtle Myrica cerifera Y Y Y 25 20 Hop hornbeam Ostrya virginiana Y Y 40 25 Sourwood Oxydendrum arboreum Y Y 30 20 Virginia Pine Pinus virginiana Y Y Y 40 20 Plum Prunus americana Y 25 25 Cherry Prunus spp. Y 30 20 Sassafras Sassafras albidum Y 30 15 City Sprite Zelkova Zelkova serrata 'JFS- Y Y 25 35
KWI'
c.The following trees are unsuitable trees for replacement:
i.Eastern Hemlock;
ii.Eastern White Pine;
iii.Lombardy Poplar;
iv.Mimosa;
v.Norway Pine;
vi.Paper Birch;
vii.Silver Maple;
viii.Spruce;
ix.Box Elder;
x.Willow;
xi.Royal Paulownia; and
xii.Tree of Heaven.
3.Replacement trees shall be a 50/50 mix of overstory and understory trees.
4.Overstory replacement trees shall be at least four (4)-inch caliper DBH and twelve (12) feet high at the time of planting.
5.Understory trees shall be at least one (1)-inch caliper DBH and six (6) feet high at time of planting.
6.On sites that require more than ten (10) trees to be planted for recompense, no more than 30% of trees shall be of any one genus.
7.Street trees placed on the same side of the right-of-way as overhead utilities must be selected from the list of acceptable understory trees.
8.Overstory trees shall be planted a minimum of 30 feet apart and understory trees shall be planted a minimum of 20 feet apart.
9.Trees shall be planted no closer than 15 feet from any building.
10.The distance trees may be planted from driveways, curbs or curblines and sidewalks will be in accordance with the tree species size classes listed, and no trees may be planted closer to any curb or sidewalk than the following:
understory trees – three (3) feet; overstory trees – five (5) feet.
11.No trees shall be planted closer than 15 feet from any street intersection with another public street or commercial driveway corner, measured from the intersection of the extended lines tangent to the nearest curbs or curb lines of the intersecting street(s) or driveway.
12.No trees may be planted under or within seven (7) lateral feet of any overhead utility wire, utility pole, streetlight standard, or within five (5) lateral feet of any fire hydrant, standpipe, valve, underground waterline, sewer line, transmission line or other utility.
13.Underground utilities shall not be run through existing street trees unless they are tunneled at a depth of at least twenty-four (24) inches in a manner that will minimize damage to the root system.
14.Trees that are planted pursuant to the requirements of this section that do not survive after the first year after issuance of a Certificate of Occupancy shall be replanted at the expense of the developer/builder. (Amended 8/22/23; Ord. No.
2023-04)
E.Trees and Landscaping in Public Areas. (Amended 8/22/23; Ord. No. 2023-04)
1.The City of Union City shall prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, parks, and public grounds, as may be necessary.
2.No significant tree on public land shall be removed, except in an emergency situation without the approval of the City Administrator.
3.Newly planted trees shall be selected from native species consistent with trees on adjacent property and selected from the acceptable species found in the City’s Tree Species list.
§ 9-5
Severability.
Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid.
§ 9-6
Repeal of Conflicting Provisions.
The provisions of any City ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, other than duly enacted conditions of zoningand variance approval, are hereby repealed.
§ 9-7
Effective Date.
This section shall become effective upon its adoption by the City Council of Union City.
ARTICLE X
OFF-STREET PARKING AND SERVICE REQUIREMENTS