Article 27 — Tree Preservation and Replacement

trees, and the provision of natural and/or planted buffers between dissimilar uses as part of the land development process. The Ordinance is intended to further the County’s policy of preserving trees as a natural resource as well as to provide clear direction for those instances where trees are either removed or where land is to be developed where no trees exist.

Agriculture – The science or art of cultivating the soil, harvesting crops, and raising livestock.

Boundary Tree – A tree 10-inch DBH or larger located on a property adjacent to a permitting property whose Critical Root Zone or canopy extend into the permitting property. If a Boundary Tree cannot be saved or results in an encroachment into the Critical Rood Zone of greater than 10%, evidence of notification to the owner of the tree will be required to be provided to the County Arborist prior to plan approval. This notification shall generally include the current condition of the tree, % of encroachment, potential outcomes of the encroachment, and the proposed Tree Prescription, if any, to offset the encroachment. (Ord. 2025-O-011, 08-19-2025).

Buffer – A natural and/or landscaped area for buffering incompatible land uses for the purpose of visibly separating one use from another. This is accomplished through screening and distance to shield or block noise, light, glare, or visual or other nuisances, and/or for protecting natural features such as streams and wetlands.

Caliper – A standard of trunk measurement for replacement trees. Caliper inches are measured at the height of six (6) inches above the ground for trees up to and including four (4) inch caliper and twelve (12) inches above the ground for trees larger than four (4) inches caliper.

Certified County Arborist (“Arborist”) - The county official responsible for enforcing the Ordinance, reviewing Tree Preservation and Replacement Plans, etc., to include developing arboricultural standards relative to tree care, protection, construction impacts and administrative guidelines for Ordinance compliance as well as the determination of tree removal in public places. Said individual shall also be responsible for coordinating the County’s Arbor Day programs, grants and other similar programs.

Critical Root Zone – The area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The Critical Root Zone of a tree is established on the basis of the trunk diameter at DBH. Critical Root Zones are to be represented on plans by a concentric circle centered on the trunk location with a radius equal in feet to one point five times the number of inches of the tree's trunk diameter at DBH. Boundary tree critical root zones shall be reduced to a radius equal in feet to one point three times the number of inches of the tree's trunk diameter at DBH. The Critical Root Zone shall be used by plan reviewers to determine compliance with design standards and construction specifications. A circle is graphically efficient to produce and represents the most likely configuration of a trees root pattern, even when the crown is skewed or one-sided. The ratio of circle diameter to trunk diameter is based on typical dripline distances noted on open grown trees with full crowns. (Ord. 2025-O-011, 08-19-2025).

Density Factor – A unit of measure used to prescribe the calculated tree coverage on a site.

Diameter Breast-Height (DBH) – The standard measure of size for overstory and understory trees existing on a site. The tree trunk is measured at a height of four and one-half feet (4-1/2’) above the ground. If a tree splits into multiple trunks below four and one-half feet (4 -1/2’), measure the trunk at its most narrow point beneath the split.

Drip Line -- The line enclosing the area directly beneath the tree’s crown from which rainfall would drip from the outermost branch tips of the tree or group of trees collectively.

Heritage Tree – Any tree which is determined by Cherokee County to be of unique and intrinsic value to the general public because of its size, age, historic association, unique species to the region, ecological value or any tree designated a Georgia State Champion, United States Champion or World Champion by the American Forestry Association (Refer to Appendix B). This Ordinance calls for the Arborist to maintain a list of trees that are of special interest to the County. Upon recommendation by the Arborist, the Board of Commissioners may designate a tree as a Heritage Tree, provided the tree’s health, aerial space, and open ground area for the root system have been certified by the Arborist as sufficient. The Arborist shall maintain a registry of Heritage Trees.

Land Disturbance Permit – The authorization granted by Cherokee County necessary to begin a Land Disturbing Activity.

Land Disturbing Activity – Any alteration of the natural environment that shall require a Land Disturbance Permit for removal of trees incidental to the development of land or to the marketing of land for development and includes, but it is not limited to, soil erosion permit, clearing and grubbing permit, Land Disturbance Permit or building permit.

Overstory Tree – Those tree species that compose the top layer or canopy of vegetation and will generally reach a mature height of greater than forty (40) feet. Replacement trees must be chosen from the list in Appendix D.

Parking Lot – Two or more Parking Spaces.

Parking Space, Exterior – The clear space containing one row of parking spaces.

Parking Space, Interior -- The clear space containing two rows of opposing parking spaces.

Pasture Land – Land cleared of trees and used for livestock grazing or crop production for the past 5 years as depicted on aerial photos from Cherokee County or other sources.

Permanent Damage – Permanent Damage is defined as injury to a tree which will likely lead to decline or death of the tree or shortening the tree’s expected lifespan.

Replacement Planting – The planting of trees on a site that before development had more trees, and after development shall have fewer trees per acre.

Site – Any plot or parcel of land, or a combination of contiguous lots or parcels of land, where grading, building, construction, or alteration is performed or permitted.

Site Density Factor -- The minimum number of Tree Density Units per acre which must be achieved on a property at completion of development. Reference Appendix C.

Soil Compaction – A change in the physical properties of soil which include an increase in soil weight per unit volume, and decreases 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 gases, and can create an impervious condition to new root development.

Specimen Tree – Any tree that qualifies for special consideration for preservation due to its size, type, and condition (Refer to Appendix A). Individual trees may be considered important county resources because of unique or noteworthy characteristics or values.

Stop Work Order – An official order from the County for work to cease on a development site until such time as specific issues are resolved.

Timber Harvest – Under Georgia law all timber harvests or sales must be reported on Department of Revenue form PT-283T. The official code of Georgia Annotated defines Timber Harvest.

Tree - Any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three (3) inches at any point and a height of over ten (10) feet.

Tree Diameter - The widest cross-sectional dimension of a tree trunk measured at diameter breast height (DBH) or at a point below DBH for new trees or multi-trunked species, but in no case less than six (6) inches from the ground.

Tree Preservation and Replacement Plan – A plan that identifies Tree Protection Areas where existing trees are to be preserved and where proposed replacement trees are to be planted on a property to meet the requirements of this Ordinance, as well as methods of tree protection to be undertaken on the site and other pertinent information.

Tree Planting List – The recommended species of trees listed in Appendix D.

Tree Protection Area – Any portion of a site wherein are located existing trees which are proposed to be preserved in order to comply with the requirements of this Ordinance. The Tree Protection Area shall include at a minimum all area as defined by CRZ.

Tree Save Area – An area designated for the purpose of meeting tree density requirements, saving existing trees, and/or preserving natural buffers.

Understory Tree - A species that, under normal forest conditions, grows to maturity beneath Overstory Trees and will generally reach a mature height of at least ten (10) feet but less than forty

Zoning Ordinance – The Zoning Ordinance of Cherokee County, Georgia, as amended from time-to-time by the Cherokee County Board of Commissioners.

Immediate Stop-Work Order, plus a fine of not less than one thousand ($1,000)

dollars, plus replacement planting at three (3) times the density unit value of the removed or damaged Specimen Tree as shown in Appendix C – Table A.

The County Marshal’s office will serve notice to any person in violation thereof or institute legal proceedings as may be required.

unless such tree(s) is/are noted as a Heritage Tree.

qualifies as ‘forest land management practice’ or ‘agricultural operation’ under O.C.G.A § 12-7- 17; (2) is not incidental to development; and (3) is located on tracts zoned for or used for forestry, silvicultural, or agricultural purposes. However, such timber harvesting operations shall remain subject to the notice and guarantee requirements of Subsection 27.6.4, when applicable. (Ord. 2018-O-017, 12-04-2018).

under a conservation use value covenant; provided that the operations satisfy the criteria and requirements of Subsection 27.6-4.3. (Ord. 2018-O-017, 12-04-2018).

Upon the written advice of the County Extension Service or the Georgia Forestry Commission or an ISA Certified Arborist in accordance with commonly accepted forestry practices and a finding of disease or insect infestation, the Arborist may authorize the removal of trees to prevent the danger of these trees falling, prevent potential injury to life or property and prevent fuel build up for forest fires. The owner/developer, prior to the removal of these trees, shall notify the Arborist, identifying the location of the infested property, and shall submit to the Arborist the written finding of an independent Certified Arborist, County Extension Service or the Georgia Forestry Commission.

Certified Arborist, in accordance with commonly accepted “Hazard Evaluation” techniques and practices, and not caused by development activities, may be authorized by the Arborist for removal without penalty. Site Density Units must still be met; removal requests shall be accompanied with an amendment to the replanting plan. These trees, because of poor structural attributes, shall not be counted as Heritage or Specimen trees.

Persons and firms providing the Notice required by this Ordinance may be asked to consult with county officials responsible for roads and public works for the purpose of minimizing damage to the county’s roads, rights of way and infrastructure, and are urged to follow recommendations from county officials.

Notwithstanding the forgoing, the person or firm conducting the timber harvest operation bears ultimate responsibility for their actions, and nothing in this Ordinance shall preclude the Governing Authority of Cherokee County from taking any and all legal action necessary to protect its property and the health, safety and welfare of its citizens.

The required Site Density for each site shall be calculated by multiplying the total acreage of the site by the required Site Density Factor for the appropriate Zoning District (see Article 7).

District Site Density Factor (in units per acre)

AG 20 (Platted new development only)

R-80 20 R-60 20 R-40 20 R-30 20 R-20 19 R-15 19 R-3 18 RZL 18 RA 17 RTH 17 RM-10 16 RM-16 16 OI 16 NC 16 GC 16 HC 15 OD 15 LI 15 HI 15 Example: SDF for a Wooded Site zoned R-40 is calculated by multiplying the total acres by 20 units per acre. A 10-acre site x 20 units per acre = 200 units.

All artificial plants, trees, shrubs, grass or other vegetation shall be prohibited from fulfilling the requirements of this Ordinance.

alternatives chosen at the discretion of the Arborist, are available for compensation and issuance of approval, of the Tree Preservation and Replacement Plan.

Tree Protection and Replacement Plans must include the following:

On tree save areas greater than three (3) acres, all tree save areas must be surveyed using an approved scientific sampling method (e.g., Basal Area). Timber cruising methods (50’X50’

sample areas or the prism method) of sampling is needed for large tracts. One sample required for every three (3) acres of Tree Save Area. Sampling should be done in areas to remain as undisturbed Tree Save Areas, not areas intended for development. The contents of each sample area shall be inventoried. All sampling areas shall be accurately depicted on the Tree Protection and Replacement Plan and appropriately flagged to corresponding locations on the actual site. When using sample areas, the basal area units should be averaged and an existing density factor per acre determined. Using this tree density, the appropriate amount of tree save area should be preserved to meet the Site Density Factor requirements. These calculations must be included on the tree plan.

On tree save areas of three (3) acres or less, all trees to be considered for density requirements must be individually inventoried. This tree inventory list and tree locations must be shown on the plan. See example in Appendix C.

The existing tree line and vegetation characteristics of the site shall be shown on the plans.

Existing trees or stands of trees used in the density calculations must be indicated on the plan.

The tree save areas should be clearly shown on the plans with their size in acres. Areas designated as Tree Save Areas must be wooded.

Specimen Trees and Heritage Trees must be shown on the Tree Preservation and Replacement Plan with an indication whether they are to be retained or removed and reason for removal. Said trees must be flagged and numbered in the field with correlating numbers and exact location shown on the plan. Extra tree density credit will be given for saved Specimen and Heritage Trees. If no design features accommodate their preservation, removed Specimen Trees require recompense plantings of comparable species. Refer to Appendix A for Specimen Tree criteria and tree density unit values. Use the values in the replacement tree density chart (Appendix C, Table B) to determine the quantity and sizes of the needed recompense trees.

Methods of tree protection shall be indicated for all Tree Save Areas and Specimen/Heritage Trees, including tree save fencing, erosion control, retaining walls, tree wells, tunneling for utilities, aeration systems, transplanting, signage, etc.

Indicate clearly on the Tree Protection and Replacement Plan when planting will take place.

After the submission of the plan, the Arborist will perform a site inspection. The Tree Protection and Replacement Plan shall provide sufficient information and detail to clearly demonstrate that all applicable requirements and standards of this Ordinance are or will be fully satisfied.

Under no circumstances shall the developer be relieved of responsibility for compliance with the provisions of this Ordinance, nor shall plan revision activities stop the County from instituting action for violation of this Ordinance (see Section 4).

signs posted visibly on all sides of the fenced-in area. These signs are intended to inform subcontractors of the tree protection process. Signs requesting subcontractor cooperation and compliance with the tree protection standards are recommended for site entrances.

Overstory Trees: 450-sq. ft.

Understory Trees: 200-sq. ft.

Planting strips: (refer to Article 7.5-3 of the Cherokee County Zoning Ordinance titled, General Site Development Design Regulations for Commercial and Industrial Districts)

Required landscape material found to be dead or near death shall be replaced prior to release of the warranty by the county. In no case shall replacement be delayed greater than 30 days from notification unless an additional performance bond is posted with the county.

Supplemental planting is required if this screening does not exist.

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” DBH or larger Understory Trees: 10” DBH or larger Condition Criteria Life expectancy of greater than fifteen (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 Pines species 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 open space, stream buffers and Zoning buffers 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 criterion. 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 or with critical root zone impacts of ten percent or greater, 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 three inch caliper at the time of planting.

A tree prescription may be accepted in lieu of recompense replanting for specimen trees with critical root zone impacts between 10-20 percent. Such prescription is required to be prepaid and submitted with the plan prior to plan approval.

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.

Cherokee 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 towns and neighborhoods. Many urban trees have been associated with historic events or sites or have been planted by individuals or groups commemorating special events or community leaders.

The Cherokee County Heritage Tree Register will recognize noteworthy 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 urban assets of particular vulnerability in changing urban 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 & Zoning staff regarding the importance of their actions while planning activities near heritage trees.

Cherokee County shall compile a list of Heritage trees which may also include the oldest, tallest, largest and rarest native and exotic tree species growing in the county. One example of each species shall be designated with a small plaque placed at base of the tree.

Anyone may nominate a Heritage Tree by contacting the 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 Board of Commissioners, to remove, destroy, cut, prune, break or injure any Heritage Tree. No Heritage Tree designation can be removed without the approval of the Board of Commissioners. If a Heritage Tree becomes a hazard, follow steps as defined in Section 6.3.

Within five (5) days of designation as a Heritage Tree, the property owner shall do one of the following:

The Affidavit shall be recorded in the land records of Cherokee County in the chain of title for the respective property, and a copy of the Affidavit shall be provided to the County Arborist. A form Owner’s Affidavit may be obtained from the County for use.

Requests for the removal of a Heritage Tree designation will be denied by the Board of Commissioners, unless one of the following findings is made:

or

Decisions on removal of a Heritage Tree designation are subject to appeal to the Superior Court.

The basic requirement of the Tree Preservation Ordinance is that all applicable sites retain a minimum tree density of 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 thirteen (13) and fourteen (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 tree density units measured or calculated based on trees 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 units per acre required.

Tree density calculations for a 2.2 acre example residential site would be as follows:

2.2 acres X 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.

To determine Tree Density on large sites, sample areas should be taken in areas to remain undisturbed.

Use an approved timber cruising method (50’ x 50’ sample areas or Prism Method sampling). Flag the sample areas onsite and delineate locations on Tree Preservation Plan.

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 41” or greater shall be determined by using the formula: (Diameter)

2 x .7854 ÷ 144 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 2.2 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 (6) inches from the base for trees up to an including 4” caliper and twelve (12) inches above the ground for trees larger than 4” caliper.

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 ten (10) units per acre.

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

EXAMPLE: a 10 acre site has a SDF of 10x20 = 200 units Pasture Land SDF is calculated by multiplying the number of total site acres by 10.

EXAMPLE: a 10 acre site has a SDF of 10x10 = 100 units Mixture of wooded and pasture land SDF is calculated using each component’s unit per acre requirement.

EXAMPLE: a 10 acre site has 8 acres wooded and 2 acres pasture land a SDF of (8x20 = 160 units) + (2x10 = 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 (8) inches in diameter) or water main (greater than sixteen (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 (1) 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.

Industrial Development Exclusion Large industrial buildings for headquarters, manufacturing, warehouse distribution and similar uses often cover the majority of a development site. In addition, the development of the site for a single industrial building typically requires a significant amount of tree clearing and grading. Considering these unique development conditions for this land use, 100% of the building footprint may be excluded from site density calculations if the following conditions are met:

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, 50% 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% of the required per acre tree density, even if trees in buffer areas would compensate or more than compensate.

30 acres x 20 units per acre = 600 units 600 units x 50% = 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 or Specimen recompense replanting.

Tree save areas that include trees preserved within 100’ of delineated wetlands and/or ephemeral streams that are specifically protected as part of the design of a project may apply 2x the unit value in Appendix C – Table A of these protected trees towards site density. Entire wetland or ephemeral channel and entire CRZ of all credited trees must be protected to apply this credit.

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