§ 64-2371. Clear cutting permit.

(a)

Purpose. The clear cutting permit requirement has been developed to:

(1)

Protect existing trees and shrubs located upon undeveloped sites for use as future buffers to meet development plan requirements;

(2)

Preserve existing trees and vegetative cover to protect the health safety and welfare of the public by preserving the visual and aesthetic qualities of the city; maintain property values; control erosion; and reduce sediment and other pollutant run-off into streams and waterways in an effort to protect water quality; and

(3)

To create a process whereby some properties are subject to certain exemptions required to obtain a clear cutting permit.

(b)

Applicability. The requirements for obtaining a clear cutting permit are applicable to all properties which are zoned AG-1, R-1, R-2 and R-2A within the city.

(c)

Exemptions. The requirements to obtain a clear cutting permit shall not apply to the activities listed below:

(1)

Normal forestry activities taking place on property which is taxed under the present use value standard or conducted pursuant to a forestry management plan prepared or approved by a Georgia Registered Forester and provided such activities are in compliance with subsection 60-43(d) (tree removal, administrative guidelines).

(2)

Properties with a city approved land disturbance permit (LDP), provided such plan has not expired and that any clearing or vegetation removal is done in strict accordance with the approved LDP.

(3)

The removal of vegetation by public or private agencies within the lines of any public street right-of way, utility easements, or other city property, as may be necessary to ensure public safety, to obtain clear visibility at driveways or intersections, to perform authorized field survey work, or to preserve or enhance the rural viewshed.

(4)

The city initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance, or which by its nature is injurious to sanitary sewer, electrical power lines, gas lines, water lines, stream or conveyance channels, or other public improvements, or vegetation which is infected with any injurious fungus, insect, or other pest.

(d)

Required buffers and vegetation protection areas. Other than what is necessary to gain reasonable access to the property, clearing and/or removal of trees and other vegetation shall be prohibited in the areas listed below. In situations where one or more buffer zones or vegetation protection areas overlap on the same site, then the more restrictive requirement shall apply.

(1)

A perimeter buffer zone having a width of 50 feet as measured from all property boundaries with an approved development plan.

(2)

Any other areas necessary for the protection of existing vegetation as indicated within this section.

(e)

Application requirements.

(1)

An application for a clear cutting permit is not required for those activities which can demonstrate an exemption in accordance with the provisions of section 60-23 (tree conservation, exemptions).

(2)

An application for a clear cutting permit may be filed only by all the owners of the property or by such owners' agent.

(3)

An application for a clear cutting permit shall be filed with the community development department on a form required by the community development department and all associated fees as approved by the city.

(4)

The application shall be accompanied by a tree protection plan which shall include, at a minimum, the following information on a sheet no smaller than 24 by 36 inches at a minimum scale of one inch equals 50 feet:

a.

Vicinity map showing the location of the tract.

b.

A survey of the entire tract with all adjacent off-site easements within 100 feet.

c.

General information about the tract and including but not limited to the owner of the tract, the current zoning of the tract.

d.

The location and use(s) of all existing building(s) on the tract.

e.

The owner, current zoning and present use of all contiguous properties (including property on the opposite site of adjoining streets).

f.

The location and width of all future/existing buffers, including riparian buffers, perimeter buffers and perimeter streetscapes.

g.

The proposed limits of tree removal, including the location and extent of all tree protection fencing as required by section 60-71 of the City Code.

h.

The community development director may reduce or waive the requirements for a tree protection plan in situations where it can be demonstrated that all vegetation removal will take place outside of required vegetation protection areas.

(f)

Procedure. Prior to the commencement of any vegetation clearing or removal on any property, the owner or the owner's agent must demonstrate exemption from the requirements of this part, or submit the required application for a clear cutting permit.

(1)

Upon receipt of the documentation that a property is exempted from obtaining a clear cutting permit, the city arborist shall review all materials and make a determination if a property is exempted from this requirement, or if the requirements apply.

In situations wherein exemption status is claimed on subsection (c)(1) (forestry use), the documentation shall include proof that the property is taxed under the present-use value standard or a copy of the valid forestry management plan prepared or approved by a Georgia Registered Forester. The decision of the city arborist may be appealed to the director pursuant to the provisions of section 64-2348.

(2)

If a property is required to obtain a clear cutting permit, then such application materials shall include a tree protection plan consistent with the requirements listed in subsection (e).

(3)

The tree protection plan shall be reviewed by the city arborist based upon the provisions of chapter 60 of the City Code. The decision of the city arborist may be appealed to the director pursuant to the provisions of section 64-2348.

(4)

An applicant for a clear cutting permit shall be notified upon the decision of the tree protection plan, and shall erect or install any and all barriers necessary to protect existing vegetation within required buffer areas and tree protection areas from damage during tree clearing and/or removal activities. Failure to protect these areas shall result in penalties as outlined in table 1.

(5)

Once all barriers for the protection of existing vegetation have been installed, a property owner or agent shall request inspection of such barriers for compliance with the requirements of this section.

(6)

Upon passing inspection of vegetation protection barriers, the arborist shall issue a tree clearing permit, and authorize vegetation clearing and/or removal may commence.

(7)

An approved clear cutting permit shall be valid for a period of 12 months from the date of issuance.

(g)

Violation and penalty. Failure to comply with the provisions of this section shall constitute violation of this ordinance [from which this section derives] and shall be subject to chapter 64, article XV of the City Code. In addition, table 1 describes the penalties for noncompliance with this section.

Table 1.

Type of Violation	Payment of fines (based on chapter 64, article XV)	Review of all subsequent development plans for the property	Five year hold on approval of a building permit or land disturbance permit for the property	Requirement to double the landscaping provisions for the property during development plan review
Property does not require a clear cutting permit, but all or substantially all* vegetation within required buffers and/or tree protection areas is removed		X	X	X
Property owner obtains a clear cutting permit, but removes vegetation within a required buffer and/or tree protection area.	X			X
Property requires a clear cutting permit; but property owner obtains no clear cutting permit and removes vegetation within a required buffer and/or tree protection area.	X	X		X
Property requires a clear cutting permit; but property obtains no permit and removes all or substantially all* of the vegetation within a required buffer and/or tree protection area.	X	X	X	X

 

* Substantially all shall mean 75 percent or more of the existing trees with a caliper of four inches or greater.

(Ord. No. 12-08-141, § 1, 8-20-2012; Ord. No. 14-12-230, § 1, 12-15-2014)

Editor's note— Section 1 of Ord. No. 14-12-230, adopted Dec. 15, 2014, changed the title of § 64-2371 from "Permit expiration for land disturbing activities" to read as herein set out.

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