§ 27.6. Exemptions.

6.1

General. The following activities are specifically exempted from this ordinance:

6.1.1

The construction of single-family detached and/or two-family residential dwelling that is not part of a major subdivision (a subdivision of land which results in the creation of five or more lots).

6.1.2

Any addition, alteration, improvement or remodeling of an existing residence or the construction of structures accessory to an existing residence.

6.1.3

Tree removal by existing individual single-family detached and duplex homeowners; unless such tree(s) is/are noted as a heritage tree.

6.1.4

All plant or tree nurseries and botanical gardens and arboretums shall be exempt from the terms and provisions of this ordinance in relation to those trees which are being grown for relocation and continued growth in the ordinary course of business, or for some public purpose.

6.1.5

All orchards of trees in active commercial operation shall be exempt for bona fide agricultural purposes only.

6.1.6

Land clearing and grubbing activities for strictly agricultural purposes.

6.1.7

Timber harvesting operations as described in O.C.G.A. § 12-6-24(e)(3) and (4), meaning timber cutting that: 1) qualifies as a "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.

6.1.8

The installation of on-site sewage management systems (OSSMS), initial or repair, providing the disruption of the trees is kept to a minimum and heritage tree guidelines are followed. If the OSSMS initial or repair is in a tree protection area, a plan of the OSSMS shall be submitted to the arborist prior to installation.

6.2

Removal of disease or insect infestation. Arborist approval is not required to remove dead and diseased trees by individual homeowners. There are situations where large areas of tree removal is appropriate and would not fall under the exemptions listed in subsection 6.1 including southern pine beetle infestation. 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, thearborist 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.

6.3

Removal of structurally declining trees. Trees that are identified as posing a risk of failure (whole tree falling or large tree parts breaking off) and documented in writing by a professional landscape forester or I.S.A. 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.

6-4.

Timber harvesting operations.

6-4.1

Notice. Pursuant to and in compliance with O.C.G.A. § 12-6-24, all persons or firms harvesting standing timber in any unincorporated area of the County for delivery as pulpwood, logs, poles, posts, or wood chips to any wood yard or processing plant shall provide notice of such harvesting operations to the County Arborist prior to entering onto the property if possible, but in no event later than 24 hours after entering onto the property. Further, such persons shall give notice of cessation of cutting within 24 hours after the job is completed. Such notice shall be provided for each separate tract to be harvested and shall be on and comply with the form provided by the Georgia Forestry Commission at Section 224-2-.01 of the Rules of the Georgia Forestry Commission. Such notice shall be accompanied by a guarantee as required by Subsection 6.4.2 below. Such notice may be provided to the County Arborist in person, by mail, by facsimile transmission, or by email transmission. Any subsequent change in the facts provided in the notice shall be reported to the County Arborist within three (3) business days after such change.

6-4.2

Guarantee. Pursuant to and in compliance with O.C.G.A. § 12-6-24(b)(3), the notice required by Section 6.4.1 above shall be accompanied by a bond or letter of credit, protecting the County against any damage caused by the timber harvesting operations, in the amount of $5,000.00 or such lesser amount as the County Arborist may authorize in writing. All such bonds and letters of credit shall be on the forms provided by the County and shall be submitted to the Cherokee County Engineering Department. No more than one bond is required from each person or firm harvesting timber regardless of the number of tracts harvested, so long as the bond remains in effect. Otherwise, a valid replacement bond must be obtained and delivered to the County Arborist no later than the close of business on the fifth business day following the day that the County filed a claim to recover damages against the then-existing bond. Upon filing such claim, the County shall provide immediate notice thereof, including the date the claim was filed, to the person or firm causing the damage. Such notice may be given in person, by facsimile transmission or by email transmission.

6-4.3

Procedure for Timber Harvesting of Conservation Use Value Covenant Parcels . Timber harvesting shall be permitted on parcels under Conservation Use Value Covenant (CUVA) subject to the following requirements:

(a)

The property shall be a minimum of ten (10) acres in size.

(b)

There shall be a fifty (50) foot exterior timber harvesting setback around the entire perimeter of the property, which shall remain undisturbed with the exception of approved access to the property from the road; and

(c)

All state and county minimum stream buffers shall remain undisturbed except for haul road and skid trail crossings.

(d)

All activity on the site shall be in compliance with the Cherokee County Soil Erosion and Sedimentation Control Ordinance, all Best Management Practices as described in the Georgia Forestry Commission document "Recommended Best Management Practices for Forestry in Georgia" and the U.S. Clean Water Act, Section 404, EPA, 40 CFR, Part 232.3(c)(6).

(e)

The County Arborist may approve exceptions to address disease or insect infestations documented by a registered forester or certified arborist.

(f)

A copy of all timber harvest permits and/or notices shall be provided to the Cherokee County Tax Assessor and the Cherokee County Tax Commissioner.

6-4.4

Fees. There is no fee required for submitting a notice of timber harvest

6-4.5

Penalty. Violation of the notice requirements of this Subsection 27.6-4 shall be punishable by a fine not exceeding $500.00.

(Ord. No. 2008-Z-001, § 6, 1-15-08; Ord. No. 2015-O-11, Exh. A, 12-15-15; Ord. No. 2018-O-009, § 1, 9-18-18)