The purpose of this article is to establish those resources or areas of a development site that must be protected from harmful effects of development. A developer must apply the provisions of this article to a proposed development site concurrent with all other development design work. Application of the provisions of this article will divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the areas that may be developed.

(Ord. No. 2013-01, § 5(Attach., § 5.00.00), 7-9-13)

(a)

Removal of a tree includes any act which will cause a tree to die, such as damage inflicted upon the root system by heavy machinery, changing the natural grade above the root system or around the trunk, damage (including fire damage) inflicted on the tree other than by nature or acts of God, and failing to promptly treat infection or pest infestation.

(b)

It shall be unlawful for any person, organization, society, association, corporation or any agent or representative thereof, directly or indirectly, to cut down, destroy, remove, move, or effectively destroy through damaging any protected tree listed below located on any property without obtaining a permit.

(Ord. No. 2013-01, § 5(Attach., § 5.01.00), 7-9-13)

The town shall issue the permit for removal of a protected tree if one of the following reasons for removal is found to be present:

(1)

The condition of the tree with respect to disease, insect attack, age or other damage creates a danger of falling, or otherwise causes the tree to have an adverse impact on the urban or natural environment; or

(2)

Removal of the tree is necessary to make reasonable use of the property, including development, or to avoid interference with utility services.

(3)

The town may condition the issuance of any permit on the submission of a tree survey that shows all existing, protected trees on the property at issue, trees slated for removal, and proposed replacement trees. In addition to a tree survey, the town may also require physical marking on the property of trees slated for removal.

(Ord. No. 2013-01, § 5(Attach., § 5.01.01), 7-9-13)

As a condition for granting a development permit, the town council may require the property owner to replace a removed protected tree with the new protected trees. The number, location, and type of new trees shall be based on a site plan or survey submitted by the property owner and approved by the council.

(Ord. No. 2013-01, § 5(Attach., § 5.01.02), 7-9-13)

(a)

Relationship to other requirements relating to the protection of environmentally sensitive lands. Development plans shall comply with applicable federal, state, and water management district regulations relating to environmentally sensitive lands. The strictest of the applicable standards control.

(b)

Conservation element incorporated by reference. The Conservation Element of the Baldwin Comprehensive Plan, as from time to time amended, is hereby incorporated by reference into this code.

(c)

Compliance when subdividing land. Each lot of a proposed subdivision must include a site suitable for constructing a structure in conformity with the standards for protection of environmentally sensitive lands.

(Ord. No. 2013-01, § 5(Attach., § 5.02.00), 7-9-13)