§ 17-29. Permit application requirements.

(a)

Application/or land-clearing activities permits.

(1)

Submission requirements.

a.

Application. Applications for permits for land-clearing activities shall be submitted by the landowner or an authorized agent on a form provided for this purpose which includes all required information. Such application shall be submitted to the LCPC along with all required attachments. Each land-clearing activity permit application shall include general notes, data items, plans, and other documents as long as clarity is maintained. Complete applications shall be transmitted to the Administrator for review and approval.

b.

Project description and plans. Such description shall include:

1.

Purpose of the requested permit;

2.

Plan showing existing and proposed land uses, buildings, parking, and other pertinent elements of development;

3.

A boundary survey which shall include the location of all easements, building setback lines, nearby zoning district boundaries;

4.

Anticipated starting and completion dates for each phase of the project;

5.

A location map at a scale of one inch equals 1,500 feet or larger, showing the location of the property within the Governing Authority. Required plans are specified in sections 17-30 and 17-31.

(2)

Phasing of a project. If a tract is to be developed in phases, a separate permit shall be required for each phase as appropriate. Requirements for TQP and LQP must be met for each phase.

(3)

Time limit on approval. A permit shall be valid for 12 months. In the event that the permittee has not begun the permitted work within 12 months, the permit shall lapse and a new permit must be obtained before work can begin. Once work has begun under a valid permit, the permittee may continue the permitted work until the work is completed. Any permit, including grandfathered projects, will automatically lapse after 12 months of inactivity, unless the developer has obtained an extension from the Administrator.

(4)

Denial of a permit. If a permit is denied, the reason for denial shall be furnished to the applicant in writing.

(5)

Waivers. The Administrator may waive the requirement for one or more of the plans listed in subsection upon finding that three or fewer trees are being proposed for removal, no grading is to occur, and such removal will not be contrary to the purpose of these regulations.

(b)

Procedures for land-clearing permit for commercial, industrial, institutional, or multifamily development.

(1)

A predevelopment site visit shall be scheduled between the owner/agent and the Administrator. This meeting may be waived by the Administrator at the request of the owner.

(2)

The owner or developer shall submit a tree survey, the tree protection, tree establishment, and the landscape plans together with other required drawings for review by the Administrator.

(3)

All landscape and tree planting plans for sites over one acre shall be prepared by professionals with competency in landscape design.

(4)

The preparer of the landscape, tree establishment and tree protection plans, and the land clearing permit applicant shall show evidence of having attended a workshop to review the provisions of these regulations if one is available.

(5)

The owner/developer shall coordinate the location of utilities with the utility companies and the Administrator prior to the issuance of a land clearing permit. If there is a potential tree and utility conflict, a new tree establishment plan and/or tree protection plan shall be submitted to the Administrator, showing the new proposed utility locations or tree locations.

(6)

A preconstruction meeting shall be scheduled among the owner, agent, contractors, appropriate LCPC staff, and the Administrator prior to issuance of land clearing permits. This meeting shall establish the location of temporary buildings or trailers, temporary utilities, installation of tree protection and erosion control devices, storage of materials, etc. Forty-eight hours notice shall be given to schedule the site visit.

(7)

Tree protection shall be installed by the owner/agent and inspected by the Administrator prior to issuance of a land clearing permit.

(c)

Procedures for land-clearing permit for street rights-of-way, utility and drainage easements, and lots in new single-family residential subdivision developments.

(1)

A land-clearing permit is required as a prerequisite for clearing rights-of-way, lots, common areas, and drainage and utility easements in a new residential development. In order to obtain a land-clearing permit for lots, rights-of-way, and easements, a greenspace plan, including a tree survey for all common areas (e.g. park areas, detention areas, etc.) shall accompany each preliminary plan for review. Such plan shall conform to the standards and requirements of these regulations.

(2)

A predevelopment site visit shall be scheduled between the owner/agent, and the Administrator. This meeting may be waived by the Administrator.

(3)

The developer shall submit a tree survey for all common and set-aside areas, including storm water detention/retention ponds and a tree protection plan. In addition, the developer must show how the required amount of 1,600 tree points/developable acreage is to be met for the common areas of the subdivision or phase of subdivision (i.e. areas not subdivided into lots and not part of the street rights-of-way) for which the land clearing permit is sought. This may be shown on a separate greenspace plan or on one of the other construction drawings and shall be submitted to the Administrator for review. The greenspace plan shall show the total amount of street trees, and how the amount of tree quality points for set-asides, park areas, storm water detention/retention area, and other common areas are to be met.

(4)

Tree protection for set-asides and for trees proposed to be preserved in common areas and for any other tree proposed to be preserved, where clearing is to occur shall be installed by the developer and inspected by the Administrator prior to issuance of a land clearing permit.

(d)

Procedures for obtaining land-clearing permits for lots. Reserved.

(e)

Procedures for approval of under brushing. The Administrator may approve under brushing and removal of trees or other vegetation up to two inches in diameter upon finding that sufficient tree cover exists such that the removal of such trees will not limit or prevent compliance with other requirements of this chapter.

(f)

Timber harvesting requirements for property not zoned for agricultural purposes.

(1)

Applicability. All properties, other than those zoned and used for agricultural activities, which propose timber harvesting or clear cutting shall comply with the following provisions unless exempted by O.C.G.A. § 12-7-17.

(2)

Provisions.

a.

Permits required for timber harvest. A land clearing permit is required prior to the timber harvest.

b.

Plans required for timber harvest. A plan for development of the land and a harvest plan shall be reviewed and approved by the Liberty Consolidated Planning Commission (LCPC) prior to the issuance of a timber harvesting/land clearing permit.

c.

Timber harvest and reforestation plan. The timber harvest and reforestation plan shall identify areas where trees are to be retained on site along with density, species, and tree quality points.

All required buffers shall be retained or installed per the buffer requirements. The timber harvest and reforestation plan shall be prepared by a registered forester and shall be reviewed by the Administrator.

d.

Reforestation and tree protection standards. A minimum of 1,600 tree quality points per developable acre shall remain on the parcel after the timber harvest utilizing one or more of the following methods:

1.

Residual stands of trees. Tree quality points may be given to residual stands of trees which are existing on the site and are protected during the harvesting process.

2.

Buffer areas. Tree quality points may be given to trees located within buffer areas.

3.

Reforestation areas. Where the site is to be used for continual timber growth or silviculture, such land shall be considered a reforestation area. In order to comply with the provisions of this section, a tree establishment plan shall be submitted. This shall consist of the establishment of native tree seedlings using traditional forestry methods and best management practices. A minimum of 600 seedlings per acre shall be planted on the site by the end of the first planting season following the timber harvest. A minimum survival rate of 350 trees per acre will be maintained after the first complete growing season.

4.

Tree establishment plan. If an insufficient number of tree quality points are left on the site following the timber harvest, a tree establishment plan shall be submitted to the Administrator showing the location of the trees to be planted, their species, size, and tree quality point listing.

(Ord. No. 2010-05, 6-17-2010)