§ 19.17. Non-liability of County.

The contents of this ordinance shall not in any way be deemed to impose any liability upon Troup County, the board of commissioners or county employees nor shall it relieve the owner and occupant of any private property from the duty to keep trees upon private property or under his/her control in a safe condition as not to affect the health, safety and general welfare of the public.

APPENDIX A

SPECIMEN TREES

Some trees on a site warrant special consideration and encouragement for preservation. These trees are referred to as Specimen Trees.

The following criteria are used to identify Specimen Trees. Both the size and condition criteria must be met for a tree to qualify.

Size Criteria

Overstory Trees: 24 inches diameter DBH or larger.

Understory Trees: Ten inches diameter DBH or larger.

Condition Criteria

Life expectancy of greater than 15 years

Relatively sound and solid trunk with no extensive decay

No more than one major and several minor dead limbs

No major insect or pathological problem

As determined by county arborist

Type

Loblolly and slash pines do not qualify as specimen trees. In order to encourage the preservation of specimen trees and the incorporation of these trees into the design of projects, additional density credit will be given for specimen trees which are successfully saved by a design feature specifically designated for such purpose. Credit for any specimen tree thus saved would be four times the assigned unit value shown in appendix C—Table A. To qualify, these trees must be within or directly adjacent to the developable areas of the site. Specimen trees which lie inside areas already protected, such as buffers, wetlands or open space areas shall not receive extra density credit.

Considering every development site and situation will be different, specimen tree preservation cannot be expressed as a formula, but is a required design criteria. If the tree preservation plan submitted for a development site does not incorporate design features to preserve specimen trees, an alternate site design may be required. To ensure that preservation of specimen trees is afforded a high priority, the alternate design features may include revised building designs and locations, parking lot designs and locations and also infrastructure modifications.

While it is understood that all specimen trees cannot be preserved in a development, this program will be closely examined on every project prior to approval of any and all site plans. In this connection, the remaining specimen trees on site, which are allowed to be removed, will require recompense planting equaling two times their density unit value in appendix C—Table A. Specimen trees must be replaced by species with potentials for comparable size and quality. Specimen recompense trees must be a minimum four-inch caliper at the time of planting.

If a specimen tree is to be removed, a plan or written documentation indicating the reason for the removal must be submitted to the arborist.

In addition to the penalties addressed in section 4.1.1.2 of this ordinance, any specimen tree which is removed without the appropriate review and approval of the arborist must be replaced by trees with a total density of eight times the unit value of the tree removed. Size alone will determine whether a tree was of specimen quality if the tree is removed without approval and there is no evidence of its condition.

APPENDIX B

HERITAGE TREES

Troup County residents have long enjoyed an abundance and diversity of trees and forests. These have served as resources for shelter and products, shaded homes and streets, and immeasurably added to the aesthetic character of rural areas, towns and neighborhoods.

The Troup County Heritage Tree Register will recognize a noteworthy tree or trees or groves of trees and acknowledge the significance selected individual trees or stands have had to our communities. It is the intent of this ordinance that this process of identifying and publicly noting significant (heritage) trees and maintaining the register listings with accurate historical and current data should result in appropriate maintenance and adequate consideration being given to the status of trees as assets of particular vulnerability in changing areas.

Heritage trees are individual trees or groves of trees of any size or species that are specially designated as heritage because of their historical, commemorative, or horticultural significance. The list of designated heritage trees remains open for new designations and provides useful information to the planning and zoning staff regarding the importance of their actions while planning activities near heritage trees.

Troup County shall compile a list of heritage trees which may also include the oldest, tallest, largest, endangered and rarest native and exotic tree species growing in the county.

Anyone may nominate a heritage tree by contacting the planning and zoning office or county arborist. Upon nomination by any person and with the written consent of the property owner(s), the county may designate a tree or trees as a heritage tree. After county approval of a heritage tree designation, the county arborist shall notify the property owner(s) in writing.

No tree on private property can be designated without the consent of the current property owner.

Once designated by current owner as a heritage tree, this ordinance further states that it is unlawful for any person, without a prior written permit from the county arborist, to remove, destroy, cut, prune, break or injure any heritage tree. No heritage tree can be removed without the consent of the county arborist. If heritage tree becomes a hazard follow steps as defined in section 19.6. Requests for the removal of a heritage tree will be denied unless one of the following findings is made:

1.

There is a public benefit, or a public health, safety, or welfare benefit, to the injury or removal that outweighs the protection of the specific tree (public benefit means a public purpose, service, or use which affects residents as a community and not merely as particular individuals); or

2.

The present condition of the tree is such that it is not reasonably likely to survive; or

3.

There is an objective feature of the tree that makes the tree not suitable for protection; or

4.

There would be a substantial hardship to a private property owner in the enjoyment and use of real property if the injury or removal is not permitted; or

5.

To not permit the injury or removal would constitute a taking of the underlying real property tree removal requests with a discretionary action will be reviewed by the county.

Decisions on tree removal are subject to standard appeal.

APPENDIX C

SITE DENSITY REQUIREMENTS

The basic requirement of the tree preservation ordinance is that all applicable sites retain a minimum tree density as defined in section 8. The term "unit" is an expression of basal area (a standard forestry inventory measurement), and is not synonymous with "tree". A single tree equal to one tree unit is between 13 and 14 inches in diameter. This density requirement must be met regardless of if the site had sufficient tree density prior to development. For these sites, the density may be achieved by counting existing trees to be preserved, planting new trees, or some combination of the two as represented by the formula below.

SDF=EDF+RDF

SDF (Site Density Factor)—The minimum tree density to be met on a development site, expressed in units per acre.

EDF (Existing Density Factor)—The total number of trees density units measured or calculated based on tress that will remain as conserved on site.

RDF (Replacement Density Factor)—The density or total unit value of new trees to be planted on a site.

The site density factor (SDF) is calculated by multiplying the number of site acres by units per acre required.

Tree density calculations for a two and two-tenths acre example residential site would be as follows:

Two and two-tenths acres by 20 units per acre equal a SDF of 44 units.

Trees Inventoried in Tree Save Areas
Trees Found
(Measured in Diameter Breast Height)	Quantity	Unit Value	Total
5″—8″ pines	21	0.3	6.3
9″—12″ oaks	14	0.6	8.4
13″—16″oaks	10	1.2	12
17″—20″poplars	5	1.9	9.5
21″—24″oaks	3	2.8	8.4
		Total 44.6 Density Units

 

The existing density factor (EDF) is calculated by converting the diameter of individual trees to density factor units using table A.

Therefore, with a site density factor requirement of 44 units, a tree save area totaling 44.6 density units satisfies the site density requirement. These trees will be protected in a tree save area.

TABLE A

Conversion of Existing Tree Diameters (DBH) to Density Factor Units

Size Class	Diameters	Unit Value
1	1—4″	Need not be counted
2	5—8″	0.3
3	9—12″	0.6
4	13—16″	1.2
5	17—20″	1.9
6	21—24″	2.8
7	25—28″	3.8
8	29—32″	5.1
9	33—36″	6.5
10	37—40″	8.1

 

The unit value of an individual tree may be determined by using the formula: (Diameter) 2× .7854 ÷ 1449

Replacement density factor (RDF)—If enough trees do not exist onsite to meet the tree density requirements, replacement trees will be needed. Calculate the RDF by subtracting the EDF from the SDF.

For instance, if it was determined that the two and two-tenths acre sample site mentioned earlier had only enough existing trees to yield a 30-unit per acre EDF, then replacement trees totaling 14 density factor units would be required.

SDF (44) − EDF (30) = RDF (14)

The density factor unit value for each caliper size of replacement (new) trees is shown in table B. Replacement tree caliper is measured at a point on the trunk six inches from the base.

TABLE B: Conversion of Replacement Tree Caliper to Density Factor Units

Caliper Size	Density Factor Units
1″	Not to be used
2″	0.4
3″	0.5
4″	0.7
5″	0.9
6″	1.0
7″	1.2
8″	1.3
9″	1.5
10″	1.7

 

The values in table B shall also be used to determine the quantity of replacement trees needed for any specimen tree recompense planting. This planting is additional to planting required for site density requirements.

Pasture Land Reduction

It is recognized that some properties, or portions of them, may be devoid of trees due to agriculture use. In these cases a reduction of minimum tree density is warranted for new developments. In areas that meet the description of pasture land, the required minimum tree density shall be one-half the amount shown on the site density requirements. Since most of the pasture land will be located in the agricultural or agricultural-residential zoning district then use the following numbers for example:

Wooded site SDF is calculated by multiplying the number of total site acres by 20.

EXAMPLE: a ten-acre site has a SDF of 10×20 = 200 units.

Pasture land SDF is calculated by multiplying the number of total site acres by ten.

EXAMPLE: a ten-acre site has a SDF of 10×10 = 100 units.

Mixture of wooded and pasture land SDF is calculated using each component's unit per acre requirement.

EXAMPLE: a ten-acre site has eight acres wooded and two acres pasture land a SDF of (8×20 = 160 units) + (2×10 = 20 units) for a total SDF of 180 units.

Easement Exclusion

Properties possessing natural gas, petroleum or electric power transmission easements, or major sanitary sewer main (greater than eight inches in diameter) or water main (greater than 16 inches in diameter) distribution easements, may exclude the land area contained in the easement from the total acreage of the property in fulfilling the site density factor provided that no improvements (e.g., parking lots, tennis courts, driveways, storm water detention facilities, etc.) are proposed within the easement. If any improvements are proposed within the easement, then the land area so utilized within the easement for improvements shall be included in the site density factor requirements.

Lake and Pond Exclusion

Properties with an existing lake or pond greater than one acre in size may exclude the land area contained in the lake or pond from the total acreage of the property in fulfilling the site density factor.

Partial Exclusion of Buffers from Tree Density Requirements

When designing a site, tree preservation shall not be limited to unusable, remote areas of the site. Tree preservation areas should be more evenly distributed around these sites. The intent is to preserve some natural characteristics of the site, such as quality existing vegetation, specimen and heritage trees for aesthetics and conservational purposes.

In an effort to preserve trees and other natural vegetation within a development, a certain amount of the required 50 percent of the required post-development tree density shall be met outside stream bank and zoning buffer areas. The tree requirement cannot be fully satisfied by trees in buffer areas. The area of a development outside buffer areas must separately meet at least 50 percent of the required per acre tree density, even if trees in buffer areas would compensate or more than compensate.

The 20-unit per acre overall tree density must be met with a minimum of ten-tree density units per acre outside buffers. To calculate this, simply subtract the buffer acreage from the overall site acreage and multiply by ten.

For this example: A 30-acre site which contains five acres of buffer areas. A 30-acre site minus five acres of buffers equals 25 acres outside of buffers. Twenty-five times ten units per acre results in a minimum of 250-tree density units to be met outside buffers. It is expected that a combination of tree save areas, preserved specimen and heritage trees and quality replanted trees will be used to meet this requirement within this developed area.

It is understood that many times open or sparsely vegetated zoning buffers will require supplemental or complete planting to meet visual screening requirements; therefore, trees planted for this purpose may count towards this ten unit per acre requirement.

If the development site does not include stream bank buffers or zoning buffers proper design and planning should be implemented to achieve the intent of this ordinance also.

Example:

30 acres × 20 units per acre = 600 units

600 units × 50 percent = 300 units minimum to be provided outside the buffer areas. A combination of trees save areas, preserved specimen and heritage trees and quality replanted trees will be used to meet this requirement within this developed area.

It is understood that many times open or sparsely vegetated zoning buffers will require supplemental or complete planting to meet visual screening requirements; therefore, trees planted for this purpose may count towards the SDF.

APPENDIX D

TABLE A-1

RECOMMENDED SPECIES LIST
OVERSTORY TREES
Deciduous Species
Scientific Name	Common Name
Acer barbatum	Florida Maple, Southern Sugar Maple
Acer leucoderme	Chalk Maple
Acer rubrum	Red Maple
Acer saccharum	Sugar Maple
Aesculus flava	Yellow Buckeye
Betula nigra	River Birch
Carya illinoensis	Pecan
Carya ovata	Shagbark Hickory
Catalpa bignonioides	Catalpa
Cladrastis lutea	Yellowwood
Fagus grandiflolia	American Beech
Fraxinus pennsylvanica	Green Ash
Ginko biloba Ginko (named cultivar only)
Liquidambar styraciflua	Sweetgum
Liriodendron tulipifera	Yellow Poplar
Magnolia acuminata	Cucumber Tree
Metasequoia glyptostroboides	Dawn Redwood
Nyssa aquatica	Swamp Tupelo
Nyssa sylvatica	Black Gum
Parrotia persica	Persian Parrotia
Pistacia chinensis	Chinese Pistache
Platanus occidentalis	American Sycamore
Quercus accutissima	Sawtooth Oak
Quercus alba	White Oak
Quercus bicolor	Swamp White Oak
Quercus coccinea	Scarlet Oak
Quercus falcata	Southern Red Oak
Quercus lyrata	Overcup Oak
Quercus nigra	Water Oak
Quercus nuttallii	Nutall Oak
Quercus phellos	Willow Oak
Quercus palustris	Pin Oak
Quercus prinus	Chestnut Oak
Quercus shumardi	Shumard Oak
Robinia psuedoacacia	Black Locust
Sapindus drummondii	Soaptree
Sassafras albidum	Sassafras
Sophora japonica	Japanese Pagodatree
Taxodium disticum	Bald Cypress
Ulmus parvifloria	Chinese Elm
Zelkova serrata	Japanese Zelkova

 

TABLE A-2

Evergreen Species
Scientific Name	Common Name
Cryptomeria japonica	Japanese Cedar
X Cupressocyparis leylandii	Leyland Cypress
Cunninghamia lanceolata	China fir
Magnolia grandiflora	Southern Magnolia
Pinus contorta v. latifolia	Lodgepole Pine
Pinus stobus	White Pine
Pinus taeda	Loblolly Pine
Pinus virginiana	Virginia Pine
Thuja occiendatalis	Eastern Arborviate
Thuja plicata	Western Redcedar

 

TABLE B-1

UNDERSTORY TREES
Deciduous Species
Scientific Name	Common Name
Acer buergerianum	Trident Maple
Amelanchier arborea	Serviceberry
Carpinus caroliniana	American Hornbeam
Cercus canadensis	Eastern Redbud
Chionanthus virginicus	Fringe tree, Grancy Graybeard
Continus coggygria	Common Smoketree
Cornus alternifolia	Alternate Leaf Dogwood
Cornus florida	Flowering Dogwood
Cornus kousa	Chinese Dogwwod
Cotinus obovatus	American Smoketree
Crataegus phaenopyrum	Washington Hawthorne
Eriobotrya japonica	Loquat
Halesia carolinia	Silverbell
Hamamelis virginiana	Witch-hazel
Ilex decidua Possomhaw	Decidious Holly
Ilex verticillata	Winterberry
Koelreuteria bipinnata	Golden Rain Tree
Koelreuteria paniculata	Goldenraintree
Lagerstroemia species	Crape Myrtle species
Magnolia x soulangeana	Saucer Magnolia
Magnolia stellata	Star Magnolia
Malus species	Flowering Crab
Oxydendrum aboreum	Sourwood
Ostrya virginiana	Hop hornbeam
Prunus serrulata	Japanese Flowering Cherry
Prunus x yedoensis	Yoshino Cherry
Stewartia pseudocamellia	Japanese Stewartia
Styrax americanum	American Styrax
Styrax japonica	Japanese Styrax
Vitex agnus-castus	Chastetree

 

TABLE B-2

Evergreen Species
Scientific Name	Common Name
Ilex x attenuata	Savannah Holly
Ilex latifolia	Lusterleaf Holly
Ilex x Nellie R. Stevens	Nellie R. Stevens Holly
Ilex opaca	American Holly
Ilex vomitoria	Yaupon Holly
Illicium floridanum	Florida Anise-tree
Juniperus virginiana	Eastern Redcedar
Myrica cerifera	Wax myrtle