Fulton County |
Code of Ordinances |
Chapter 26. ENVIRONMENT |
Article VI. FULTON COUNTY TREE PRESERVATION |
§ 26-398. Definitions.
All words in these standards have their customary dictionary definitions except as specifically defined herein. The words "shall" and "must" are mandatory, and the words "may" and "should" are permissive.
(1)
Agent(s), designated or authorized: An individual or entity authorized to administer and enforce the standards set forth in the Fulton County Tree Preservation Ordinance and Administrative Guidelines.
(2)
Buildable area: The portion of a parcel of land where a building may be located and which shall contain enough square footage to meet the minimum required by the zoning district. That portion which is not located in the minimum setbacks, utility corridors, driveways, slopes to build streets, tree save areas, landscape strips, specimen tree areas, state water buffer, tributary buffers, zoning buffers, wetlands, stormwater and sanitary sewer easements.
(3)
Buffer:
a.
State waters buffer: An area along the course of any state waters to be maintained in an undisturbed and natural condition.
b.
Tributary buffer: A protection area adjoining the tributaries of the Chattahoochee River. Tributary buffer specifications are contained in Part D of each prospective land use section of the Fulton County Tree Preservation Ordinance and Administrative Guidelines.
c.
Zoning buffer: A natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent lots and/or uses. Buffer is achieved with natural vegetation and must be replanted subject to the approval of the director of the department or his/her designated agent(s) when sparsely vegetated. Cleaning of undergrowth from a buffer is prohibited except when accomplished under the supervision of the director of the department or his/her designated agent(s).
(4)
Caliper: The standard for trunk measurements of nursery stocks. Caliper of the trunk shall be taken six inches above the ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes.
(5)
Cambium: Tissue within the woody portion of trees and shrubs which gives rise to the woody water and nutrient conducting system and the energy substrate transport system in trees. Cambium growth activity results in a tree's radial development, i.e., increase in diameter.
(6)
Cambial dieback: The irreparable radial or vertical interruption of a tree's cambium, usually caused by mechanical damage, such as "skinning bark" or from excessive heat.
(7)
Clear cutting: The removal of all trees from a property, whether by cutting or other means, excluding stream buffer requirements.
(8)
Coniferous: Belonging to the group of cone-bearing evergreen trees or shrubs.
(9)
County arborist: The agent(s) of Fulton County assigned to the department having the primary responsibilities of administration and enforcement of the tree preservation ordinance.
(10)
Critical root zone: The area of tree roots within the crown dripline. This zone is generally defined as a circle with a radius extending from a tree's trunk to a point no less than the furthest crown dripline. Disturbances within this zone will directly affect a tree's chance for survival.
(11)
Crown dripline: A vertical line extending down to the ground from the end of a tree's longest branches.
(12)
Deciduous: Not persistent; the shedding of leaves annually.
(13)
D.B.H.: Diameter-at-breast-height is a standard measure of tree size, (for trees existing on-site) and is a tree trunk diameter measured in inches at a height of 4½ feet above the ground. If a tree splits into multiple trunks below 4½ feet, refer to chart in Appendix I.
(14)
Density factor for the site (DFS): A unit of measure used to prescribe and calculate required tree coverage on a site. Unit measurements are based upon tree size.
a.
Site acreage multiplied by (15) for Agricultural Districts = DFS.
b.
Site acreage multiplied by (20) for Single-Family Residential Districts = DFS.
c.
Site acreage multiplied by (30) for Commercial Districts and all other Non-Single-Family Districts = (DFS).
(15)
Erosion and sedimentation control ordinance: The ordinance adopted by the county that regulates soil erosion and its transportation to the county's lakes, rivers, and streams (latest revision).
(16)
Improvement setback: An area adjacent to a zoning buffer in which no improvements and/or structures shall be constructed. No development activity such as tree removal, stump removal or grinding, land disturbance or grading is permitted without the approval of the director of the department.
(17)
Land disturbing activity: Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land but not including agricultural practices as described in Fulton County Soil Erosion and Sedimentation Control Ordinance of 1996, Fulton County Code of Laws § 26-38(5) (1997), as amended.
(18)
Land disturbance permit: A permit issued by the department that authorizes the commencement of alteration or development of a given tract of land or the commencement of any land disturbing activity.
(19)
Landscape plan: A plan that identifies areas of tree preservation and methods of tree protection within the protected zone, as well as all areas of replanting. Within replanting areas, the common and botanical names of the proposed species, the number of plants of each species, the size of all plant materials, the proposed location of all plant materials, and any unique features of the plant materials shall be indicated.
(20)
Landscape strip: An area required by this article, by the Fulton County Zoning Resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials.
(21)
Minimum setback: The minimum yards as specified in the regulations related to the zoning districts or use permit categories. A minimum required space between a property line and a structure. An area identified by a building line.
(22)
Protected zone: Includes, but is not limited to the following:
a.
Critical root zone plus an additional three feet; all areas of a parcel required to remain in open space; all areas required as landscape strips and/or buffers (including zoning buffers, state water buffers and tributary buffers); tree save areas according to provisions of the Fulton County Zoning Resolution, conditions of zoning, use permit or variance approval, and/or the tree preservation ordinance and administrative guidelines.
(23)
Revegetation: The replacement of trees and landscape plant materials to satisfy the minimum tree density and landscape requirements, as determined by the Fulton County Zoning Resolution, condition of zoning, use permit or variance approval, or the tree preservation ordinance and administrative guidelines.
(24)
Roots:
a.
Feeder roots: A complex system of small annual roots growing outward and predominantly upward from the system of "transport roots". These roots branch four or more times to form fans or mats of thousands of fine, short, non-woody tips. Many of these small roots and their multiple tips are 0.2 to one mm or less in diameter and less than one to two mm long. These roots constitute the major fraction of a tree's root system surface area and are the primary sites of absorption of water and nutrients.
b.
Major woody roots: First order tree roots originating at the "root collar" and growing horizontally in the soil to a distance of between three and 15 feet from the tree's trunk. These roots branch and decrease in diameter to give rise to "rope roots". The primary functions of major woody roots include anchorage, structural support, the storage of food reserves, and the transport of minerals and nutrients.
c.
Rope roots: An extensive network of woody second order roots arising from major woody roots, occurring within the surface 12 to 18 inches of local soils, and with an average size ranging from .25 to one inch in diameter. The primary function of rope roots is the transport of water and nutrients and the storage of food reserves.
d.
Transport roots: The system or framework of tree roots comprised of major woody roots and rope roots.
(25)
Root collar: The point of attachment of major woody roots to the tree trunk, usually at or near the groundline and associated with a marked swelling of the tree trunk.
(26)
Root respiration: An active process occurring throughout the feeder root system of trees and involving the consumption of oxygen and sugars with the release of energy and carbon-dioxide. Root respiration facilitates the uptake and transport of minerals and nutrients essential for tree survival.
(27)
Setback: A space between a property line and the line to which a building or specified structure may be constructed.
(28)
Soil compaction: A change in soil physical properties which includes an increase in soilweight per unit volume and a decrease in soil pore space. Soil compaction is caused by repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil can cause physical root damage, a decrease in soil oxygen levels with an increase in toxic gasses, and can be impervious to new root development.
(29)
State waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.
(30)
Thinning: Selective cutting or removal of timber. The basal unit of 30 units per acre for commercial districts and all other non-single-family districts; 20 units per acre for single-family residential districts; 15 units per acre for agricultural districts shall be maintained after selective cutting, or removal of timber has occurred.
(31)
Timber harvesting: The felling of timber products (pulp wood, etc). The term "timber harvesting" may include both clear cutting and thinning of timber.
(32)
Tree:
a.
Tree: Any self-supporting woody perennial plant which has a trunk diameter of two inches or more measured at a point six inches above the ground level and which normally obtains a height of at least ten feet at maturity, usually with one main stem or trunk and many branches.
b.
Heritage tree: A tree which is designated upon approval by the director of the department or authorized agent(s) to be of notable historical value or interest because of its age, size or historical association.
c.
Specimen tree: Any tree which has been determined by the county arborist to be of high value because of its type, size, age, or other professional criteria, and has been so designated according to administrative standards established by the department.
d.
Stand of specimen trees: A contiguous grouping of trees which has been determined to be of value by the director of the department or authorized designee(s).
1.
A relatively mature even aged stand.
2.
A stand with purity of species composition or of a rare or unusual nature.
3.
A stand of historical significance.
4.
A stand with exceptional aesthetic quality.
(33)
Tree bank: A site such as a school or public park, where the owner/developer shall donate and plant the required trees when it is not feasible to plant the required trees within their site's project area.
(34)
Tree preservation ordinance: This article, approved and adopted by the Fulton County Board of Commissioners to provide standards for the protection, preservation and replacement of trees regulated and enforced by the county arborist in conjunction with the department or designated agent(s) through development and construction permits and processes.
(35)
Tree save area: All areas designated for the purpose of meeting tree density requirements, saving specimen trees, and/or preserving natural buffers.
(36)
Tributary: Any perennial stream (or portion thereof) within the affected area that is portrayed as a solid blue line on the United States Geological Survey 7.5 Quadrangle Maps, 1968 edition, or other perennial streams as identified by Fulton County.
(37)
Wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bog, and similar areas.
(38)
Zoning regulations: The Zoning Resolution of Fulton County, as amended or such regulations subsequently adopted by the board of commissioners inclusive of conditions of zoning, use permit or variance approval established pursuant thereto.
(39)
All other terms: All other words or phrases as appropriate to the context of their uses shall be interpreted as defined in the zoning regulations.
(Ord. No. 14-0662, § I, 9-3-14)