Lumpkin County, Georgia, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 26 - LAND DEVELOPMENT >> ARTICLE XII. - LANDSCAPING >>
Sec. 26-332. - Landscape requirements.
Secs. 26-333—26-352. - Reserved.
Sec. 26-332. - Landscape requirements.
Landscaping shall be as outlined in this section for all land development activities. Landscaping shall be concentrated around the edge of the parking lot. Landscaping shall not be in the rear of the lot. Landscaping shall not be located at the rear of the building.
(1)
Landscape maintenance.
a.
All landscape installed in accordance with this section shall be maintained for a two-year period (hereinafter referred to as the "maintenance period" from the issuance date of the certificate of occupancy (CO).
b.
The procedures for administering the inspections for landscapes are as follows:
1.
The planning director shall make three inspections of the landscape improvements on a six-month interval basis. If any deficiencies exist, a written report outlining the deficiencies shall be prepared by the planning director and given to the owner. The owner shall make any necessary repairs or modifications required by the report of the planning director.
2.
Forty-five days prior to the expiration date of the maintenance period, the planning director shall make inspections for final landscape approval. If any deficiencies exist, a written report outlining the deficiencies shall be made and given to the owner. The owner shall make any necessary repairs or modifications required by the report of the planning director.
3.
Failure to maintain landscape for the required two-year maintenance period or to make repairs reported by the planning director shall be deemed to be a violation of this chapter and shall subject the owner of the property to the penalties provided for such a violation.
(2)
Submittal of landscape plans.
a.
A landscape plan shall be submitted to the planning department together with the site development plan if one is required.
b.
If a site development plan is not required by the land development chapter, then landscape plans must still be submitted to the planning and development department before a building permit may be issued.
c.
The following information shall be shown on the required landscape plan:
1.
Calculation of net site area showing all existing and proposed structures, parking and access, other paved areas, and all required buffers and yard areas pursuant to this section and the land use regulations contained in chapter 27 of this Code.
2.
Calculation of required landscape area.
3.
Location and dimensions of areas to be landscaped and total amount of landscaped area.
4.
Location of all trees larger than 24 inches in caliper.
(3)
Landscape area required.
a.
Calculation of landscape area. The area to be landscaped shall be calculated using the amount of disturbed area delineated in any type of development.
b.
Commercial or institutional uses. A minimum of ten percent of net disturbed area shall be landscaped. In addition:
1.
For every 500 square feet, or fraction thereof, of required landscape area, one tree of two-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced by five-gallon shrubs at the rate of one tree equals ten shrubs.
2.
For every 100 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required. Up to 50 percent of the required number of shrubs may be replaced by two-inch caliper trees at the rate of ten shrubs equals one tree.
c.
Subdivision entrance area. A minimum 50-foot landscape strip along both rights-of-way from the intersection of the rights-of-way of the existing road and the project entrance road shall be landscaped along each road. All areas located within the right-of-way shall be free of structures and all areas disturbed during construction on the existing right-of-way shall be vegetated with low ground cover plants (including sod or seeded grass) not exceeding two feet in height at maturity. The maintenance of entrance landscaping will be the responsibility of the developer for the duration of the maintenance period. In addition:
1.
For every 30 feet, or fraction thereof, of required landscape strip, one tree of two-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced by five-gallon shrubs at the rate of one tree equals ten shrubs. Trees may not be planted on the right-of-way.
2.
For every ten feet, or fraction thereof, of required landscape strip, one shrub a minimum of five gallons in size is required. Up to 50 percent of the required number of shrubs may be replaced by two-inch caliper trees at the rate of ten shrubs equals one tree.
d.
Industrial uses. A minimum of four percent of net disturbed area, or, at the option of the developer, a landscape area of at least 30 feet in depth along the property frontage on all public rights-of-way adjacent to the property. In addition:
1.
500 square feet. For every 500 square feet, or fraction thereof, of required landscape area, one tree of two-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced by five-gallon shrubs at the rate of one tree equals ten shrubs.
2.
100 square feet. For every 100 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required. Up to 50 percent of the required number of shrubs may be replaced by two-inch caliper trees at the rate of ten shrubs equals one tree.
3.
Landscape strip required. All properties except those containing single-family detached or attached residences, or two-family residences, shall provide landscape strips, as herein defined, of ten feet in width along the developed portion of side and rear property lines. This landscape area may account for up to 25 percent of the landscape area required by subsection (3)d. of this section. It shall be the responsibility of the property owner of a lot to be used or built upon to install the required landscape strips. Installation of landscape strips may be phased in accordance with approved building plans.
(4)
Trees. Trees shall be required along nonresidential roads built within a development. These trees shall be planted outside the right-of-way. The street tree requirement shall be one tree with a minimum two-inch caliper for every 30 linear feet of roadway. The trees may be placed in a linear pattern or be clustered to create a more natural effect. Final location of trees is to be determined by the site designer in conjunction with the planning director.
(5)
Parking lot landscape requirements. Landscaping shall be required in all commercial, institutional, or industrial developments. A minimum of five percent of net parking area shall be landscaped. In addition:
a.
For every 100 square feet, or fraction thereof, of required landscape area, one tree of two-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced by five-gallon shrubs at the rate of one tree equals ten shrubs.
b.
For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required. Up to 50 percent of the required number of shrubs may be replaced by two-inch caliper trees at the rate of ten shrubs equals one tree.
(6)
Screening material. If a wall or fence is not used pursuant to this section then the following must apply where multiple-family residential or nonresidential property abutting single-family residential property. Required screening landscaping will not be counted as part of the minimum landscape area required by these regulations.
a.
Landscaping shall be provided along the side and rear property lines so that a solid screen five feet in height when planted is formed and will, within a year, grow to six feet.
b.
If deemed necessary by the planning director, or his designee, due to topographical changes between the multiple-family residential or nonresidential and residential property, the minimum height may be increased to eight feet.
c.
At a minimum, materials shall consist of 25 percent evergreen trees a minimum of six feet tall, 25 percent ornamental and/or shade trees with a minimum three-inch caliper or in small groups of ornamental and/or shade trees six feet tall having the same effect of a three-inch caliper ornamental and/or shade tree, and 50 percent evergreen and deciduous shrubs, provided that no more than 25 percent of the shrubbery may be deciduous.
(7)
Ground cover. Except where occupied by planting beds, all perimeter landscaping areas shall be sodded or seeded. If seeded, grass shall be established through proper watering and fertilization as needed.
(8)
Exemptions from landscape requirements. The following are not subject to these landscape requirements:
a.
Temporary structures such as job shacks or trailers associated with construction activities.
b.
Change in existing structure, unless the structure is expanded by more than ten percent.
c.
Temporary buildings in place for a maximum of five years and erected as accessory buildings for elementary and secondary schools and institutions of higher education.
(9)
Installation and maintenance.
a.
The owner and/or user of the property shall be responsible for installing all required landscaping and maintaining them in a neat and orderly appearance. This includes irrigating or watering, fertilizing, pruning and replanting where necessary.
b.
Where fences or walls are involved, this also includes any and all necessary maintenance and/or repair.
c.
Necessary trimming and maintenance shall be the responsibility of the property owner or user of the property to maintain the health of all plant and landscaping materials, to provide an aesthetically pleasing appearance, and to ensure that all screening actually serves the purpose for which it is intended.
d.
In cases of noncompliance, the planning director, or his designee, shall be empowered to take action as provided by law to ensure maintenance of all plant and landscaping materials.
(10)
Drought exemptions. The planning director may allow a delay in the planting of required landscaping during times of state declared, level four drought. If such exemption is granted the required landscaping shall be planted within 30 days of the lifting of the drought declaration by the state. The required two-year maintenance period and surety period will start when all required planting has been completed.
(11)
Miscellaneous requirements.
a.
All required landscape areas adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other physical barriers.
b.
All required landscape areas shall be located outside the exterior perimeter of the footprint of a building or structure.
c.
With the exception of landscaping required in the side and rear yards, a minimum of 75 percent of all remaining required landscape areas shall be located in the front yard between the building line and the front property line. For lots with multiple street frontages, the minimum percentage to be placed on either frontage shall be determined by the planning director, or his designee.
d.
No artificial plants, trees, ground cover or other artificial vegetation may be installed.
e.
Unless otherwise specified by this section, any walls constructed pursuant to the requirements of this section shall be a minimum of six feet in height and constructed of brick, stone, or concrete block textured or coated with an architectural finish (paint, stucco, etc.).
f.
When fencing is provided pursuant to this section, the finished surface of the fence shall face externally to the project. Fences shall be located in a manner that accomplishes the purposes of this section and shall be constructed of solid wood or other approved material that achieves the desired visual and acoustical screening.
g.
Areas reserved for stormwater detention/retention are not permitted within buffers of landscape strips. However, exceptions may be granted by the planning director, or his designee, if, after consultation with the planning director, no reasonable alternatives are available or undue hardship is shown.
(12)
Modification of landscape requirements. The planning director, or his designee, may approve minor variations in the location of required landscape materials due to unusual topographic restraints, sight restrictions, sight requirements, preservation of existing stands of native trees or similar conditions, or in order to maintain consistency of established front yard setbacks. These minor changes may vary the location of landscape materials, but may not reduce the amount of required landscape area or the required amount of landscape materials. The landscape plan shall be submitted and specify the modifications requested and present a justification for such modifications.
(Res. No. 2002-44, 12-1-2002; Res. No. 2005-60, 10-21-2005; Res. No. 2005-61, 10-21-2005; Res. No. 2007-44, 9-20-2007; Res. No. 2007-55, 11-15-2007; Res. No. 2009-50, § 1100, 7-16-2009; Res. No. 2010-44, 10-21-2010)
Secs. 26-333—26-352. - Reserved.
Dahlonega's existing ordinance is not sufficiently protective of trees, and is not enforced. Dahlonega Tree Ordinances is listed below, in files.
http://dahlonega-ga.gov/index.php?option=com_docman&task=cat_view&Itemid=98&limitstart=75
Protection of our trees is an issue that will only become more vitally important as development continues in the City of Dahlonega.
The trees create oxygen for us to use, are habitat for animals, and they create the environment that brings tourists to our town. Trees should not be be disturbed, and they should be protected; after all, they protect us.
Please take look at the ordinance, posted here, and on the Dahlonega City website. We are looking for errors, omissions, and loop holes. Please make suggestions and comments as well as any way to proceed.
Thank you!
jamiek.klem@gmail.com
Today, I will speak out and name accepted forms of behavior that are in fact, evil.
Clear cutting trees is evil, because it destroys habitats, reduces oxygen, puts mud in the river, and is done soley for profit. We are not afraid of offending those who think that clear cutting is ok.