(A)   No hardwood trees (excluding gums and water oaks) which are twelve-inch diameter breast height (12" DBH) or larger in size are to be damaged, destroyed, or removed from any property.

   (B)   No pines or other softwood trees that are over 24-inch diameter breast height (24" DBH) or larger in size are to be damaged, destroyed, or removed from any property. Exceptions to this include trees grown for farming activities. Additionally, trees may be removed by utilities which are exempted from these regulations by state law. If compliance with tree preservation requirements presents a hardship, a permit for tree removal may be granted when the Zoning Administrator or designee determines that any of the following conditions exist:

      (1)   Trees are diseased, dead or dying;

      (2)   Trees pose a safety hazard to nearby buildings, or pedestrian or vehicular traffic;

      (3)   Trees prevent essential grade changes or all reasonable utility installations;

      (4)   Trees prevent all reasonable site configurations;

      (5)   Trees are within the footprint of a proposed residential structure, as shown on a site plan;

      (6)   Removal of trees is the only reasonable means by which building, zoning, subdivision, health, public safety, or other town requirements can be met. If none of the above conditions are deemed to be met by the Zoning Administrator or their designee, removal of such trees must be mitigated by submitting a mitigation plan of replacement trees.

      (7)   The tree mitigation plan shall replace the total DBH inches lost on a one-inch-for-one-inch basis with no replacement tree being less than 2-inch DBH.

      (8)   Where difficulty in replacing the total DBH of inches lost is approved by the Zoning Administrator or their designee, the applicant may pay a tree replacement fee of $100 per DBH inch of significant hardwoods and softwoods.

      (9)   If trees are clearcut for farming or timbering, the land may not be used for development for eight years following the removal of trees.

(Ord. 20-8, passed 12-7-2000; Ord. 2025-06, passed 5-20-2025)

   For office, commercial or industrial sites, a minimum of 20 trees per acre are required to be retained or planted, with the minimum tree size being two and one-half caliper inches. The owner or developer is encouraged to retain existing trees on the site in lieu of replanting.

(Ord. 20-8, passed 12-7-2000)