§ 113-14. Tree protection.

(a)

Conserved trees. All conserved trees shall be actively protected during the development process and passively protected throughout the life of the development. The entire tree, including the crown, trunk, and roots, and the critical root zone, shall be protected.

(b)

Minimum tree protection measures. Active tree protection shall consist of, at a minimum, establishing a tree protection zone around each tree or grouping of trees by the installation of fencing at the outer edge of the dripline or Critical root zone, whichever is greater. Minimum tree protection measures for boundary trees, existing on adjacent properties, whose critical root zones extend onto the project site is mandatory.

(1)

Tree protection fencing and tree protection area signs shall be installed after the issuance of a disturbance Permit and prior to any land disturbance activity or building activity.

a.

Tree protection fencing shall be four feet high, made of orange high-visibility polypropylene, and erected with sturdy wooden or metal posts around the tree protection zone. A heritage tree, or a significant species tree, as determined by the City Arborist, may require increased protection. Methods and extent of increased protection will be as directed by the City Arborist.

b.

Signs shall be fabricated out of a sturdy material, shall be waterproof, and contain the following legible text in English and Spanish: "TREE PROTECTION AREA, ENTRY PROHIBITED." The signs shall be a minimum of 8.5 × 11 inches, shall be placed on a sturdy post a minimum of 30 inches off the ground, and shall be spaced a maximum of 50 feet apart.

c.

Tree protection fencing and signage shall remain in good condition throughout the development and construction processes, and shall only be removed after the final plat approval or a certificate of occupancy has been issued.

(2)

Tree protection fencing and tree protection area signs shall be installed after the issuance of a permit and prior to any land disturbance activity or building activity.

a.

Tree protection fencing shall be at least four feet high and shall be installed with either sturdy wooden or metal fence posts around the tree protection zone.

b.

Official "Tree Save Area—Stay Out" signs acquired from the city shall be posted every 50 linear feet along all trees save fences.

c.

Tree protection fencing shall remain in good condition throughout the development and construction processes, and shall only be removed after final plat approval or a certificate of occupancy has been issued.

(3)

Encroachment into the tree protection area shall result in the loss of credit for canopy coverage.

(4)

The critical root zone within the tree protection area shall be mulched with a minimum of three inches and not more than five inches of organic mulch such as pine straw, wood chips, tree leaves, or compost, for a minimum of three years, or prior to issuance of the final certificate of occupancy for the project, whichever occurs last.

(5)

The Community Development Director may require the installation of additional tree protection measures to insure survivability of conserved trees.

(c)

Prohibited activities. Within the tree protection areas, without proper authorization or permit the following activities shall be prohibited:

(1)

Vehicle traffic or parking;

(2)

Materials or equipment storage;

(3)

Soil disturbance;

(4)

Soil excavation;

(5)

Removal of topsoil;

(6)

Trenching;

(7)

Soil fill;

(8)

Change in soil pH;

(9)

Change in soil drainage;

(10)

Equipment washouts or disposal (including concrete);

(11)

Fires;

(12)

Chemical or trash disposal;

(13)

Other activities harmful to the trees as determined by the Community Development Director;

(14)

Encroachment into tree save area; and

(15)

Destruction or removal of trees.

(d)

Planted trees. All planted trees shall be actively protected during the development process and passively protected throughout the life of the development. The entire tree, including the crown, trunk, and roots, and the critical root zone, shall be protected.

(e)

Existing trees in construction zones. All trees that are outside the formal tree protection zone(s) as outlined in the Tree Protection and Replacement Plan and are equal to or greater than 12 inches DBH, and are in areas where construction will occur inside the crown of the tree shall be required to have an enhanced protection program. In order to maximize the ability of the selected trees to survive construction the proposed program will include the following steps:

(1)

The tree will be surveyed and located with the species and DBH noted and approximate crown diameter shown.

(2)

Prior to the beginning of construction activities the trees shall be inspected by an Arborist to determine their overall condition and ability to withstand construction activity around them.

(3)

Should the Arborist determine that with a proper protection plan the tree would survive the construction activity the Arborist shall prepare a care plan for the tree. The plan may involve elements such as crown pruning, fertilization, irrigation, root pruning or other activities.

(4)

The Contractor will be required to implement the Arborist's protection plan and to maintain the necessary activities to protect the tree until such time as the site construction is completed and accepted for maintenance by the property owner. The Arborist shall submit bi-weekly reports to the Contractor and the Department of Community Development and Planning during the construction process.

(5)

The owner of the property shall receive a 20-percent bonus credit for canopy coverage for all trees that are under the enhanced protection program.

(6)

No land disturbing activity or construction activity, including, but not limited to, grading, digging, soil disturbance or other activity within the critical root zone of any boundary tree, is permitted that will deprive the boundary tree of continued viability as determined by a certified arborist.

The following parameters shall be followed when determining boundary tree viability interference:

a.

CRZ/TPZ 19 percent or less impact and protected by tree protection, no arboricultural prescription required.

b.

CRZ/TPZ 20 percent — 33 percent impact but protected by tree protection (no structural root plate impact) provide arboricultural prescription with a plan for review by the city.

c.

CRZ/TPZ 20 percent — 33 percent impact and structural root plate has impact/not protected.

The builder/developer/construction site property owner must submit a boundary tree agreement signed by the tree owner/co-owner and notarized giving permission for the tree that has construction impact to be treated or removed (see Community Development Department for the city boundary tree agreement). The minimum time length of the boundary tree agreement shall be three years. The receipt for the paid arboricultural prescription and signed agreement will need to be submitted with the plans for review.

a.

The builder/developer/construction site owner must make at least three attempts to contact the owner of the boundary tree to enact a boundary tree agreement. The first two attempts may be in person or via telephone. The third attempt must be in the form of a written letter sent certified, return receipt requested to the property owner's address of record in the Gwinnett County Tax Database. If there is no response to any of the attempts, the builder/developer/construction site owner shall provide evidence to the city of the attempts at contact in addition to the arboriculture prescription for the affected tree.

b.

If no boundary tree agreement is reached, the affected tree shall not be removed but shall be protected during development based on this chapter and in accordance with the arboriculture prescription.

c.

A boundary tree bond or escrow account may be required based on the arboricultural prescription depending on the impact to a boundary tree covered under a boundary tree agreement.

d.

A boundary tree bond or escrow account shall be required where a boundary tree agreement cannot be reached.

e.

A boundary tree bond or escrow shall be 125 percent of the cost of removal and replacement of the tree(s) affected and will be held for three years by the city. The property owner of the affected tree(s) may apply to the city for the escrow funds to remove and replace the tree(s) during the three year escrow period. If the boundary tree(s) is/are deemed healthy at the end of the three year period by an Arborist, the developer may apply to the City for a refund of the original amount of escrow.

f.

The site/landscape plans cannot be approved without signed boundary tree agreement(s) or proof of attempts to contact the boundary tree owner in an attempt to reach a boundary tree agreement in addition to an arboriculture prescription where needed.

No more than 25 percent of a boundary tree's mature crown or 1/3 of a young tree's canopy shall be removed in one season.

Pruning of conserved trees should only be done by an ISA (International Society of Arboriculture) certified arborist.

(Ord. No. 21-2012, pt. 1, 8-6-2012; Ord. No. 2015, § I, 2-12-2015; Ord. No. 12-2018 , § I, 2018)