HomeMy WebLinkAboutORDINANCE NO 14 12 230STATE OF GEORGIA ORDINANCE NO. 14-12-230
COUNTY OF FULTON RZl4-16
AN ORDINANCE TO AMEND TO AMEND CHAPTER 64, ARTICLE XVII. DEVELOPMENT
REGULATIONS (CHAPTER 64 OF THE CITY CODE OF ORDINANCES)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 15, 2014 6:00 p.m. as follows:
SECTION 1. That the amendment of Chapter 64, Article XVII within the Development
Regulations to create "Clear Cutting Permit" regulations, is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the IS lh day of December, 2014.
Approved:
../"" Attest:
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STATE OF GEORGIA ORDINANCE NO. 14-12-230
COUNTY OF FULTON RZl4-16
Sec. 64-2371 -Clear Cutting Permit
(1) Purpose.
The Clear Cutting Permit requirement has been developed to:
a. Protect existing trees and shrubs located upon undeveloped sites for use as future buffers to
meet development plan requirements.
b. 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
c. To create a process whereby some properties are subject to certain exemptions required to
obtain a Clear Cutting Permit.
(2) 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.
(3) Exemptions
The requirements to obtain a Clear Cutting Permit shall not apply to the activities listed below:
a. 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 Sec. 60-43(d)(tree removal,
administrative guidelines).
b. Properties with a City approved land disturbance permit (LOP), provided such plan has not
expired and that any clearing or vegetation removal is done in strict accordance with the approved LOP .
c. 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.
d. 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.
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STATE OF GEORGIA ORDINANCE NO. 14-12-230
COUNTY OF FULTON RZ14-16
(4) Required Buffers and Vegetation Protection Areas
Other than what is necessary to gain reasonable access to the property, clearing and lor 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.
a. A perimeter buffer zone having a width of fifty (50) feet as measured from all property
boundaries with an approved development plan.
b. Any other areas necessary for the protection of existing vegetation as indicated within this
Ordinance.
(5) Application Requirements
a. An application for a Clear Cutting Permit is not required for those activities which can
demonstrate an exemption in accordance with the provisions of Sec. 60-23 (tree conservation,
exemptions).
b. An application for a Clear Cutting Permit may be filed only by all the owners of the property or
by such owners' agent.
c. 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.
d. 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 1
inch equals 50 feet:
1. Vicinity map showing the location of the tract.
2. A survey of the entire tract with all adjacent off-site easements within 100 feet.
3. General information about the tract and including but not limited to the owner of the
tract, the current zoning of the tract.
4. The location and use(s) of all existing building(s) on the tract.
5. The owner, current zoning and present use of all contiguous properties (including
property on the opposite site of adjoining streets).
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STATE OF GEORGIA ORDINANCE NO. 14-12-230
COUNTY OF FULTON RZl4-16
6. The location and width of all future /existing buffers, including riparian buffers,
perimeter buffers and perimeter streetscapes.
7. The proposed limits of tree removal, including the location and extent of all tree
protection fencing as required by Sec. 60-71 of the City Code.
e. 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.
(6) 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.
a. 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 3(a) ( 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.
b. 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 5.
c. 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.
d. 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.
e. 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
Ordinance.
f. Upon passing inspection of vegetation protection barriers, the Arborist shall issue a Tree
Clearing Permit, and authorize vegetation clearing and/or removal may commence.
g. An approved Clear Cutting Permit shall be valid for a period of twelve (12) months from the date
of issuance.
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STATE OF GEORGIA ORDINANCE NO. 14-12-230
COUNTY OF FULTON RZ14-16
(7) Violation and Penalty
Failure to comply with the provisions of this section shall constitute violation of this Ordinance and shall
be subject to Chapter 64, Article XV of the City Code. In addition, Table 1 describes the penalties for non
compliance 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 seventy-five (75) percent or more of the existing trees with a caliper of
four (4) inches or greater.
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