HomeMy WebLinkAboutORD 6095 CITY CODE TREES
Augusta Richmond GA
DOCUMENT NAME: 0 vd 1'rl}J"lCC uCf15
DOCUMENT TYPE: 0 vd j ronce
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BOX NUMBER: 5
FILE NUMBER: I 3 ~ 3 (p
NUMBER OF PAGES: / 4
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ORDINANCE NO. (/.JoC(.:)
An OrdinancH to amend Chapter 8-4 of the Augusta-Richmond County Code entitled
"Trees" to provide for additional landscaping standards for development that is
not single-family residence in nature, and for other purposes.
CHAPTER 4
TREES
Chapter ~:-4-1.
PURPOSE.
ThiE: Chapter provides standards for the protection of public trees,
and for the designation of landmark trees, and further provides
landscaping, tree protection and tree establishment standards for the
developme:nt of private property in Augusta, Georgia. It is the purpose
of this Chapter to promote the public health, safety, and general welfare
of provisions designed to:
(a) Aid in stabilizing the environment's ecological balance by
contribut,ing to the processes of air purification, oxygen regeneration,
wildlife habitat, groundwater recharge, and storm water runoff
retardation, while concurrently facilitating noise, glare, and heat
abatement;
(b) Encourage the preservation of existing trees and vegetation;
(c) Prevent soil erosion;
(d) Protect and enhance the aesthetic qualities of the community;
(e) Prevent structural and pavement saturation;
(f) Safeguard and enhance pr.ivate property values and protect
private and public investments;
(g) Conserve energy.
Chapter 8'-4-2.
DEFINITIONS.
(a) Administrator. The Executive Director of the Augusta-Richmond
County Planning commission.
(b) Caliper. The diameter or thickness of the main stem of a young
tree or sapling as measured at six (6) inches above ground level. This
measurement is used for nursery-grown trees having a diameter of four (4)
inches or less.
(c) Commission. The Augusta Commission.
(d) Diameter breast height (DBH). The diameter or width of the
main stem of a tree as measured four and one-half (4.5) feet above the
natural grade at the base of a tree. Whenever a branch, limb, defect, or
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abnormal swelling of the trunk occurs at this height, the DBH shall be
measured at the nearest point above or below four and one-half (4.5) feet
at which a normal diameter occurs.
(e) Dripline. An imaginary circuitous line of the ground that
designatl~s the outermost point to which the tree branches extend.
(f) Executive Director.
County Planning commission.
Executive Director of Augusta-Richmond
(g) Greenspace. Any area retained as permeable unpaved ground and
dedicated to supporting vegetation.
(h) Greenspace Plan. A topographic survey map and supporting
documentation which describes for a particular site where vegetation
(green space) is to be retained or planted in compliance with these
regulations. The Greenspace Plan shall include a tree establishment
element, a tree protection element, and a landscaping element.
(i) IGO. (Illustrated Guide to Implementing the Augusta-Richmond
County Tree Ordinance) A document providing standards and specifications
for tree protection and tree establishment per section VIII (c) of the
Tree Ordinance for Richmond County.
(j) Landmark trees. Any tree determined by the Tree Commission and
the Augusta Commission, to be of notable historic interest, high
aesthetic: value, or of unique character because of species, type, age, or
size and therefore designated as a public landmark.
(k) Land clearing.
DBH or greater.
The removal of all vegetation two (2) inches
(I) Landscape Establishment Bond. A two year bond that shall be
posted prior to the issuance of a certificate of Occupancy and released
after two years upon a determination that required trees and landscaping
are healthy and have a reasonable chance of surviving to maturity.
(m) Official street tree planting plan and program. A plan and
program adopted for the planting of trees along public streets, parks and
other public places.
(n) Official Tree List. A listing of various tree species,
classified by size grouping, to be used to determine the quality rating
of trees to be preserved or planted as well as the Quality Points
(Section III of the IGO).
(0) Planting Island. An unpav~ landscaped area located within a
vehicle parking area that is define~physically by curbing or otherwise
in such a way that it cannot be driven over or parked upon.
(p) Park. All public land set aside for open space and recreation
purposes.
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(q) Public property. Any property owned by Augusta, Georgia.
(r) Public trees. Any tree located on public property.
(s) Quality points factor. A decimal fraction that is assigned to
each treE~ species in the Official Tree List and is used as a multiplier
in calculating the tree quality points for any tree retained on a site.
(t) Right-of-way. A strip of land over which Augusta, Georgia has
the right, by ownership or otherwise to construct a public street,
sidewalk, or use for public utilities.
(u) street yard. A greenspace parallel to the street right-of-way
whose t01:al area is equal to at a minimum ten (10) times the length of
the right-of-way in square feet.
(v) Tree Commission. An appointed board of twelve (12) members
with designated duties as outlined herein.
(w) Tree establishment element. A topographic survey map and
supporting documentation which describes for a particular site where
trees are to be planted in compliance with the requirements of these
regulatic,ns, the types of trees and their corresponding tree quality
points.
(x) Tree protection element. A topographic survey map and
supportin.g documentation which describes for a particular site where
existing trees are to be retained in compliance with the requirements of
these re9ulations, the types of trees and their corresponding tree
quality points.
(y) Tree protection zone. The area surrounding a preserved or
planted tree that is essential to that tree's health and survival, and is
protected within the quidelines of this chapter.
(z) Tree quality points (TQP). A unit of measurement which
quantifies the relative value of trees that are planted or retained on a
given sit.e. Tree quality points quantitatively express the desirable
quali ties of the species with regard to size for each tree that is
retained on a site. For planted trees the tree quality points are an
expression of species desirability and the expected mature size of each
tree.
(aa) Vehicle display areas. Areas where vehicles are displayed for
sale or l,ease.
(bb) Vehicular service area. Any paved or unpaved area utilized by
vehicles.
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the AuguBta Commission.
(b) Trees deemed a danger to the public or the adjoining property
by the Department of Public Safety or by the Trees and Landscape
Department shall be exempt from the restrictions of this section and can
be removE~d for the safety of the public and/or adjacent properties.
(c) Nothing herein shall be construed as prohibiting the cutting
and/ or re:moval of a tree or trees incident to a road improvement proj ect,
a drainage project, or a water and sewerage project of Augusta, Georgia
or the GE!orgia Department of Transportation.
(d) All other projects causing disturbance within rights-of-way
which may cause extensive damage to trees therein shall likewise be
reviewed by the Augusta-Richmond County Trees and Landscape Department
for recon~endations.
(e) No person or organization shall do any of the following acts to
any pubLic tree without first obtaining the proper permit from the
Augusta-Richmond County Trees and Landscape Department:
killed.
(1) Cut, prune, break, damage, remove, kill or cause to be
(2) Cut, disturb, or interfere, in any way, with the soil or
any root within the dripline.
(3) Place, spray, or apply any chemical that is known to be
toxic to trees in a location that may be absorbed by any part of the
tree.
(4) Fasten any rope, wire, sign or other device whether
invasive to the tree or not.
(5) Remove or damage any guard devices placed to protect any
tree.
(6) Conduct razing, removal, demolition, expansion, or
renovation of any structure if deemed by the Department of Public Works
to be damaging to neighboring public trees.
(7) Maintain a stationary fire or device which vaporizes
noxious fumes deleterious to tree health.
(8) Pave with concrete, asphalt, or other impervious material
within the dripline of any public' tree unless approved construction
techniques are followed as prescribed. (Ord. 5933, June 17, 1997)
Chapter 8'-4-6.
TREE PROTECTION ZONE; OFFICIAL TREE LIST.
(a) There is hereby established a tree protection zone which shall
include all public right-of-way and all public lands of Augusta, Georgia.
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(b) The superintendent of the Augusta-Richmond County Trees and
Landscapl~ Department, with assistance from public utility companies, the
Augusta Commission, the Tree Commission and other interested groups, is
hereby charged with the duty of determining the types of species of trees
suitable for planting, as well as those prohibited, and the conditions
under wh:Lch such trees shall be planted along streets, in parks, and in
public places within Augusta, Georgia. When completed, the list shall be
presented to the Augusta Commission for its approval. When approved, the
said report shall be known as the Official Tree List. Revisions in the
Official Tree List may be made from time to time by the Augusta
Commission. All trees hereafter planted on public property of Augusta,
Georgia nrost be on the Official Tree List, unless otherwise specifically
approved by the Augusta Commission.
Chapter ~:-4-7.
PLANTING AND MAINTENANCE STANDARDS.
(a) The Augusta Commission, through the Augusta-Richmond County
Trees and Landscape Department shall have the authority to insist that
all property owners treat or else allow the City to treat trees suffering
from transmittable diseases or insect infestations which are on private
property but are affecting the health of public trees on public property.
If the disease infestation warrants drastic action to curb its spread to
healthy public trees, at the direction of the Commission, the property
owner shall remove and dispose of said trees or else allow Augusta,
Georgia t.o do so 0
(b) In case of emergencies, such as windstorms, or other disasters,
the requirements of this article shall be waived during the emergency
period so that the requirements of this Chapter would in no way hamper
private o.r public work to restore order to Augusta, Georgia. This work
is to be done in accordance with the emergency standards as outlined by
Augusta, Georgia.
Chapter 8-4-8.
MOVING BUILDINGS OR OTHER LARGE OBJECTS
No person shall move any building or other large objects which may
injure any public tree or parts thereof along any street without first
having obtained written permission from the superintendent of Trees and
Landscape Department and then having obtained a permit from the License
and Inspections Department.
Chapter 8-4-9.
LANDMARK TREES
The Augusta Commission may, upon petition by the property owner,
designate a tree as a landmark tree, as defined herein. All nominations
for landmark trees shall be reviewed by the Tree Commission which shall
make a rl~commendation on such nomination to the Augusta Commission.
Trees so designated shall thereafter be considered public landmarks and
shall not be destroyed nor endangered except as recommended by the Tree
Commission. The designation of a Landmark Tree shall be based upon an
evaluation of the tree in relation to the criteria set forth in the IGO.
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Upon designation as a Landmark Tree, the tree shall be protected as
provided in this Chapter, and the tree quality points assignment shall be
based upon a quality points factor of 200 percent of the tree quality
points for a preferred tree of equal DBH.
Chapter 8-4-10.
NUISANCE TREES AND SHRUBS
Any tree or shrub or parts thereof growing on public or private
property which interferes with or endangers the use of the public streets
or obscures sight distance or creates a traffic hazard on intersections
or endangers the life, health, safety or property of the public, shall in
the opinion of the Tree Commission be declared a public nuisance. The
owner shall be notified in writing of the existence of the nuisance and
be given a fifteen-day (15) period of time for instigating its correction
or removal. If not corrected or removed within thirty (30) days, the
Tree COnlDlission shall cause the nuisance to be corrected or removed and
the cost shall be assessed to the owner as provided by this Chapter.
Chapter E:-4-11.
GREENS PACE REQUIREMENTS
PUBLIC DEVELOPMENT
FOR
PRIVATE
AND
(a) Application. The regulations set forth in this Chapter shall
apply to all properties affected by development proposals requiring site
plans pursuant to section 30-2 of the Comprehensive Zoning Ordinance for
Augusta, Georgia. Permits for clearing land and grading of land shall
not be 9ranted until plans as required by this Chapter have been
approved.
(b) Exemptions. The following types of developments are exempt
from compliance with any and all provisions of this Chapter:
(1) Construction (including clearing)
residential structures on individual lots; and
of single-family
(2) The development of streets within a subdivision.
(3) site Plans requiring grading only (no construction of
improvements).
(4) Telecommunication facilities in LI or HI zoning unless the
site is in view of a residential use in a residential zone, as viewed
from the :base of the to\ver.
(c) Greenspace Plan required. Except as herein provided, there
shall be a Greenspace Plan for every applicable development. Such plan
shall include a landscape element, a tree protection element, and a tree
establishment element.
(d) Landscape element. Such element shall include a topographic
survey map illustrating compliance with the design principles and
standards included in the following section.
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(e) Landscape element design principles and standards.
(1) A minimum of ten (10) percent of the total land area of
any development shall be devoted to greenspace.
(2) No artificial plants, trees, or like materials shall be
counted 1:oward meeting the standards of these regulations.
(3) All retained or planted trees shall be protected or
situated so as to prevent damage from environmental changes (such as a
lowered ~Tater table) or land disturbance resulting from any building or
facility construction.
(4) Sidewalks, curbing, or any other paved or impermeable
surfaces within the greenspace area shall not count towards the ten (10)
percent Dlinimum greenspace or street yard requirement.
(5) A street yard area shall be provided along any existing or
proposed public street right-of-way or private right-of-way adjacent to
or adjoining the property except for those portions of the lot used for
dri veways:. Detention or retention ponds at the front of the property
near the right-of-way do not relieve the developer from installing the
required street yard. For site plans that include fewer than one hundred
(100) total parking and loading spaces, the area of the street yard shall
be ten (10) times the length of the right-of-way frontage in square feet,
and the minimum width at any point shall be seven and one-half (7 1/2)
feet measured perpendicular to the right-of-way. If two (2) street yards
cross, count the overlapped area only once. Street yards shall be
landscaped and properly maintained by the owner and shall have live
vegetation, groundcover, grass, trees, shrubs and may, unless otherwise
prohibited,;, include fences and walls and plantings for parking areas.
Each street yard shall have at least one (1) tree for each forty (40)
linear feet on center of street frontage. All planted trees must be at
least thJ::-ee (3) inches in calipher, have a single trunk, and be
unbranched to six (6) feet. In zoning districts where zero setbacks are
permitted by the Comprehensive Zoning Ordinance for structures adjoining
public street rights-of-way, the street yard and its plantings may be
located upon the public property if approved by the Department of Public
Works. In all other cases, the street yard must be located on private
property. For site plans that include one hundred (100) or more total
parking and loading spaces, the area of the street yard shall be twenty
(20) times the length of the right-of-way frontage in square feet, and
the minimum width at any point shall be fifteen (15) feet. When a use of
land is intensified or expanded in such a way that the required parking
must be increased more than twenty (20) percent (except for parking areas
where a t'wenty (20) percent increase would be less than 5 new spaces)
then the entire site including the already developed area must be
provided with a street yard that is at least five (5) times the length of
the right--of-way frontage in square feet, and the minimum width at any
point is two (2) feet.
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(6) Parking lots (excluding vehicle display areas) providing
over twenty (20) spaces shall contain interior landscaped areas. This
section shall apply to any surface parking lot or loading area or
vehicular service area or portions thereof built after the adoption of
this Chapter. The number, size, and shape of interior landscaped areas
shall be at the discretion of the owner subject to the following
provisions:
(a) A m1n1mum of five (5) percent of the total interior
area of parking lots, loading areas, and vehicular use areas (except
vehicle display areas) shall be devoted to landscaping. Required street
yards may not count toward the five (5) percent. For site plans that
include fewer than 100 total parking and loading spaces there shall be no
more than twelve (12) consecutive parking spaces between planting
islands, which must be at least one hundred (100) square feet in area
with a minimum width of eight (8) feet measured inside of curb to inside
of curb. On such site plans one of every five (5) required planting
islands must be a minimum of 37.5 feet in length and eight (8) feet in
width, inside of curbing, unless all parking spaces are arranged around
the perimeter of the parking lot. For site plans that include one
hundred (100) or more parking spaces and loading spaces there shall be no
more than twenty (20) consecutive parking spaces between planting
islands, which must be at least three hundred (300) square feet in area
with a minimum width of twelve (12) feet measured inside of curb to
inside of curb. When a use of land is intensified or expanded in such a
way that the required parking must be increased more than fifty (50)
percent (except for where such an increase would be less than twenty (20)
spaces), the new parking area must conform to the requirements of this
subsection and the already developed parking area must be retrofitted
with planting islands at a rate of one for every twenty (20) spaces which
is no less than one hundred (100) square feet in area and with a minimum
width of ,~ight (8) feet. All internal planting areas shall be landscaped
with approved plant materials compatible with accepted arboricultural
practices as set forth in the IGO. The area devoted to interior planting
islands may be deducted from the required parking area pursuant to
section 4-2 of the Zoning Ordinance'at a rate of one (1) space per two
hundred (:200) square feet of planting island except that the requirement
of spaces shall not be reduced over ten (10) percent.
(b) within parking areas, trees shall be provided at the
m1n1mum rate and size of one medium or large shade tree for every 3,000
square feet of total surface area. No parking space shall be further
than 65 fE~et from the trunk of a shade tree with no intervening building.
(7) Lighting serving to illuminate a parking area shall not be
located within a planting island.
(8) A permanent water source shall be provided not more than one
hundred (100) feet from any planted tree.
(9) Where the rear property line in a multiple-family residential,
professional, commercial or industrial zone abuts an R-1 zone or single-
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family r~~sidence, a buffer strip not less than twenty (20) feet in width
shall be provided at the time that development of the mUltiple-family
residential, professional, commercial or industrial zoned property
occurs. This buffer strip shall be designed to provide a year-round
visual sc:reen that is at least eight (8) feet in height and completely
blocks the view of the subject property by a person standing just across
the propE~rty line on the adjoining residential property. It may consist
of solid board fencing accompanied by trees spaced on 40 foot centers,
masonry walls, evergreen plant materials, berms, rocks, mounds, or
combinat:Lons thereof to achieve the objective. Where plant materials are
utilized,. they must be of such variety, quality, and quantity that the
objectivE~ could be expected to be accomplished within three years. No
building~;, structures, storage of materials, or parking shall be
permitted within this buffer area. Buffer areas shall be maintained and
kept free of all debris, rubbish and weeds.
(10) Where the side property line in a mUltiple-family,
professional, commercial, or industrial zone abuts an R-1 zone, and a
parcel i::; located in a block that 50 percent or more of the street
frontage on the same side of the street is zoned single-family
resident1.al, or where 50 percent or more of the street frontage within
750 feet on both sides of the parcel on the same side of the street is
zoned single-family residential, a buffer strip not less than ten (10)
feet wide along the side property line(s) shall be provided. Said buffer
strip sha.ll begin at the front setback line and extend along the entire
remaining' side boundary line of the parcel being developed. It shall
consist of a "shadowbox" style fence or another style wooden or masonry
fence that has two finished sides at least six (6) feet in height on or
within two feet of the property line, and plant materials as set forth in
the Illus:trated Guide spaced no more than one-half the plant width at
maturity per the Illustrated Guide along the entire length of the fence.
Buffer areas shall be maintained and kept free of all rubbish and debris.
(ll) The mature or ultimate spread of planted trees shall be shown
on the Greenspace Plan. Planted trees shall be spaced according to the
following minimum standards in order. to qualify for tree quality points:
*large trees - thirty (30) feet apart
*medium trees - twenty (20) feet apart
*small trees - fifteen (15) feet apart
(f) Tree protection and tree establishment elements. Land cleared
for develc)pment or land being proposed for development shall have, after
development, not less than one thousand (1,000) tree quality points (TQP)
per acre em a given site. Large Industrial sites may be exempt from this
requirement at the discretion of the Administrator. Tree quality points
shall only be calculated on the acreage of the site that is being
developed. Undeveloped portions of the site shall not be required to
provide tree quality points (including street yard requirements) nor shall
tree quality points for existing trees be counted toward the requirements
of the developed portion of the site. Tree protection and tree
establishment elements may be provided separately or collectively
depending on the nature, complexity, and scale of the development. Such
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elements shall include a topographic survey map showing:
(1) Existing tree cover and tree cover that is to be removed.
(2) The location and species of all trees to be retained on
the developed portion of the site for which tree quality points are to be
claimed, including their DBH, tree quality points, and their tree
protection zones. Where a grouping or cluster of twenty (20) or more
trees is located within a proposed tree protection zone, the location of
individual trees within such cluster is not required to be spotted on the
plan, provided the number of trees for each species within the cluster is
given and the average DBH is identified for each species. Existing trees
on undevHloped portions of the site (i.e. future development) cannot be
counted 1:oward Tree Quality Points.
(3) The location, species, and DBH of all trees located on
adjacent rights-of-way.
(4) A listing of all trees to be planted on the site for which
tree quality points are to be claimed, giving their respective species,
caliper, and tree quality points.
(5) A description of tree planting specifications if different
from thos:e listed in the Illustrated Guide to Implementing the Augusta-
Richmond county Tree Ordinance (IGO).
IGO and any amendments thereto are hereby adopted by reference.
The guidH will be reviewed annually by the Tree Commission with the
updated version being adopted by reference and each time made a part
hereof. All Greenspace Plans shall be provided in a manner consistent
with provisions contained therein.
(g) Tree protection and tree establishment standards.
protection zones shall be established and maintained for all
preserved or planted on a site for which tree quality points are
claimed. The following provisions apply to such zones and the
within them.
Tree
trees
to be
trees
(1) The tree protection zone shall have a dimension of not
less than one-half (1/2) the distance to the dripline of the preserved
tree, or t:he minimum tree protection zones for planted trees set forth in
Table 1; \lrhichever is greater. Tree protection zones shall be barricaded
prior to the commencement of construction and until the Certificate of
Occupancy has been issued.
(2) The area within any tree protection zone must remain open
and unpaved. The use of perforated pavement may be allowed subject to
the approval of the Administrator.
(3) A plan shall accompany all applications identifying how
existing itrees within tree protection zones are to be protected during
clearing and construction of the project. Such a plan shall be approved
by the Administrator upon a finding that the plan adequately addresses
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the critt~ria set forth in the IGO.
(4) No vehicles shall be parked, construction material stored,
substances poured, disposed of, or placed, within any tree protection
zone at any time during clearing or construction of the project.
(5) No change in grade within the tree protection zone shall
be allowE~d except for a maximum addition of two (2) inches of sandy loam
topsoil covered with mulch.
(6) Tree wells or tree walls (islands) shall be constructed as
needed tel protect the preserved trees from grade changes which result in
changes (If water supply to the tree protection zone. Adequate means for
drainage of excess moisture from the tree protection zone shall be
provided if tree wells or tree walls are constructed.
(7) For planted trees, the minimum size Tree Protection Zone
centered upon the planted tree shall be as specified in Table 1.
(8) The ground elevation where trees are to be planted in a
street yard shall be within five (5) feet of the ground elevation of the
street ri.ght-of-way.
Table 1
Minimum Tree Protection Zone for Planted Trees
Mature Minimum Area **
Tree Size Sauare Feet Protection Zone
small * 16 2.0' radius
medium * 66 3.0' radius
large * 200 4.0' radius
* A listing of small, medium, and large trees is found in IGO.
** Protection Zone = Minimum distance from tree trunk to edge
of dripline.
(h) Tree quality points.
(1) Tree quality points shall be assigned to preserved or
planted trees as follows:
a. All preserved trees must be at least four (4) inch
caliper to qualify for tree quality points.
b. All large and medium planted trees must be at least
three (3) inch caliper, have a single trunk, and be unbranched to six (6)
feet in order to qualify for tree quality points. Small planted trees as
defined in the IGO must be at least one (1) inch caliper and while multi-
trunk small trees may be utilized, t~e largest trunk must be at least one
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'. .
(1) inch caliper and 6 feet in height to qualify for tree quality points.
(2) Tree quality points for planted trees. Quality points are
assigned to newly planted trees as defined in the following table and
only if planted in accordance with the IGO specifications, The species
lists contained in the above guide identifies tree types by size.
Table 2
Mat1.1re
S i ZIL-
Tree Qualitv Points for Planted Trees
Acceptable
Recommended
Preferred
small *
med.i um *
larq-e *
1
4
13
3
12
39
7
28
91
* A listing of small, medium, and large trees is found in the IGO.
(3) Tree quality points for preserved trees. Quality points
for tree!; preserved on the site are directly related to the tree species
quality and the tree protection zone that must be provided for the tree.
For presf~rved trees, tree quality points are calculated by squaring the
tree's DB (diameter at breast height) and multiplying this number by the.
applicable quality points factor. If the calculated tree quality points
is less than that given for planted trees in Table 2, then the greater
number will apply.
DBH X DBH X (Quality Points Factor) = Tree Quality Points
Table 3
Tree Qualitv Points Factor
Tree Oualitv Ratinq
Oualitv Points Factor *
Acceptable
Recommended
Preferred
Landmark Trees
0.2
'0.6
1.4
2.0
* ~~he assigned quality points factor is found in the Tree Species
List in IGO.
Chapter S:-4-12.
COMPLIANCE.
All improvements shown in the Greenspace Plan shall be constructed and
all plant materials shall be in place and approved by the Augusta-
Richmond County Trees & Landscape Department before a certificate of
Occupancy will be issued for any use of land or structure(s) that is not
exempted from this Ordinance. If at the time of request for a
certifica.te of Occupancy the required landscaping is not in place and it
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-,
can be dE!termined by the Trees & Landscape Department that unavailability
of plant materials or that weather conditions prohibit completion of this
planting, then the developer may, at the discretion of the Executive
Director, provide an executed contract binding for one (1) year from the
date of application that provides for the completion of such landscaping
work, and also a performance bond or an irrevocable letter of credit from
a federally insured lender in an amount to be approved by the Trees and
Landscapl~ Department commensurate with the cost of completing the
required landscaping.
Chapter 13-4-13.
LANDSCAPE ESTABLISHMENT BOND.
A two year Landscape Establishment Bond shall be posted with the
Administrator prior to issuance of the certificate of Occupancy. This
bond shaJLI be in the amount of the contract award for landscaping or in
an amount: determined by the Trees and Landscape Department, whichever is
higher. After 18 months, the Trees and Landscape Establishment period
the Tree::; and Landscape Department shall inspect the site and make a
determination as to whether or not the required trees and landscaping are
healthy and have a reasonable chance of surviving to maturity. Upon such
a finding, the bond shall be released at the end of the two year
LandscapE! Establishment period. In absence of such a finding the bond
shall not~ be released and the owner of the property shall be notified to
replace 1:he unhealthy trees and landscaping or take other appropriate
action as: required by the Trees and Landscape Department. If the owner
fails to comply with the decision of the Trees and Landscape Department
within sixty (60) days of receiving a written notice, then the City shall
use the bond to the extent necessary to bring the property into
compliance with the provisions of these regulations.
Chapter 8-4-14.
APPEALS AND VARIANCES.
(a) Decisions of the Administrator may be appealed to the Augusta-
Richmond County Tree Commission. The Tree Commission shall also hear
requests for variances from the provisions of this Chapter. The Tree
Commission shall review the appeal or variance and make its
recommendations to the Administrator. Forms for such purpose will be
provided by the Administrator.
(b) Variances shall only be granted upon a determination that the
variance is the minimum necessary to afford relief and when in the
opinion of the Tree Commission relief is justified.
(c) Variances shall only be granted upon:
(1) A determination that failure to grant the variance would
result in exceptional hardship; and
(2) A determination that the granting of a variance will not
adversely impact the intent and purpose of these regulations.
(d) The Tree Commission may
conditions a request for a variance.
approve, deny, or approve with
Conditional approval may be granted
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.
.
"
where mitigation of the impact is agreed upon by the Tree Commission and
the peti.tioner.
Chapter B-4-15.
ABROGATION AND GREATER RESTRICTIONS.
This Chapter is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this
Chapter and another regulation conflict or overlap, whichever regulation
imposes the more stringent restrictions shall prevail.
Chapter :3-4-16.
SEVERABILITY.
If any provision of this Chapter is declared to be invalid, such
declaration shall not affect, impair, or invalidate the remaining
provisions of this Chapter.
Chapter H-4-17.
ENFORCEMENT, VIOLATION AND PENALTY.
The Trees and Landscape Department shall report all violations of
the provisions of this Chapter or failure to comply with any of its
requiremEmts to the Administrator. Once a violation is evident, the
Administrator, acting on behalf of the Augusta Commission, shall notify
the owner in writing of the apparent violation of this Chapter. The
written notice shall direct the owner to cease the violation until such
time as 1:he requirements and procedures of this Chapter have been met.
Upon failure of the owner to comply with this notice, the Administrator
shall not:ify the Augusta City Attorney of the violation and the Augusta
City Attorney shall immediately begin legal procedures in the Superior
Court of Richmond County to prevent, enjoin, abate, or terminate such
violations in addition to injunctive relief. All persons, firms or
corporatj.ons failing to comply with the mandatory provisions hereof or
doing any act prohibited hereby shall be guilty of a misdemeanor and
shall be punished as provided in Chapter 1-6-1 of this Code. Each day
such violations continue shall be considered a separate offence.. Nothing
herein contained shall prevent the Augusta Commission from taking such
other lawful action as is necessary to prevent or remedy any violations.
Done in Open Meeting under the Common Seal thereof this ____ day of
, 1998.
APPROVED THIS b1P day of
, 1998.
ATTEST: ~
~ -mmisst::
1st reading October 6, 1998
2nd reading October 20, 1998
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