This subchapter is adopted to promote the purposes of:

   (A)   To preserve the natural beauty of the town;

   (B)   To encourage better care of trees and vegetation within the town, on both public and private property;

   (C)   To develop a viable tree management program;

   (D)   To promote cooperation between the public and private sectors to effectively manage urban forests;

   (E)   To support and participate in the Tree City USA program; and

   (F)   To educate the public to the environmental importance and benefits of trees and their health.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2201) (Ord. passed 5-13-2008; Ord. passed 7-13-2010)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   Any property which the town owns, leases or has an easement over; and

      (2)   Any property which the owner or easement holder grants authority to the town for the purposes of enforcing this subchapter (e.g. DOT right-of-way).

(1989 Code, Title V, Ch. 51, Art. XXII, § 2202) (Ord. passed 5-13-2008; Ord. passed 7-13-2010; Ord. passed 11-15-2011)

      (1)   Assist the Town Manager or his or her designee with the creation, updating, monitoring and management of the town’s tree regulations;

      (2)   Work with the Town Manager or his or her designee to prepare an annual tree replacement, planting, and maintenance program; and

      (3)   Work with the Town Manager or his or her designee on all other issues related to the management and care of the town’s forest.

   (E)   Members of the Town Tree Board may attend up to one-half of the regular committee meetings per calendar year by telephonic or video-telephonic attendance. Town staff and the telephonically attending member shall work to insure that all parties are able to hear and communicate with each other as part of this process. The member attending telephonically shall give notice to the Tree Board Secretary not less than 24 hours prior to the meeting. For purposes of attaining a quorum, the telephonically attending member shall not be considered to be present for the meeting. The telephonically attending member may participate fully in the conduct of the meeting, including voting upon all matters before the Committee. Minutes of the meeting at which remote participation occurs should reflect which members are physically present and which are not.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2206) (Ord. passed 5-13-2008; Ord. passed 1-12-2010; Ord. passed 7-13-2010; Ord. passed 12-14-2010; Ord. passed 11-15-2011; Ord. 2018-03, passed 2-13-2018)

   The following actions shall constitute a violation of this subchapter and shall be subject to the penalties prescribed herein. For trees located on public property, the following restrictions shall apply to any tree, regardless of size. For trees located on private property, the following restrictions apply to trees in excess of six inches in diameter measured four feet above the ground (at its highest point).

   (A)   Injuring, removal, relocation, generally. No person shall, without a written permit from the town, perform or cause to be performed the following acts: mutilate, injure, remove or relocate any live tree within the town, or injure or misuse any structure or device placed to protect any such tree.

   (B)   Whitewashing, painting. No person shall, without a written permit from the town, whitewash, paint or in any way discolor the stem base, bole or root of any tree in the town.

   (C)   Attaching signs or other devices; obstructing roots. No person shall, without a written permit from the town, fasten or attach any sign, wire or electrical attachment or other device in any manner to the trees in the town, or to guard about the tree, or close or obstruct any open space provided about the base or root of the tree within three feet in any direction, or in any way prevent the access of air, water or fertilizer to roots of the tree. Attachment of birdhouses or other small ornamental attachments that do not substantially threaten the life of a tree is permissible.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2203) (Ord. passed 5-13-2008; Ord. passed 7-13-2010; Ord. passed 11-15-2011)

   Exemptions to the provisions of this subchapter include the following:

   (A)   Trimming of trees by the town or approved agent as normal maintenance provided the trimming does not result in the mutilation, death or destruction of the tree; and

   (B)   Any tree which during a period of emergency or act of God must be removed so that it in no way will hinder public work to restore order in the town; removal to be by the town or its authorized agents.

   (C)   The removal of dead trees or dead portions of a tree. The owner of the property on which the trees are located bears the burden of proving that such trees or parts of trees were dead at the time of removal.

   (D)   The removal or cutting of live trees or portions of live trees (i.e. limbs or branches) on private property under six inches in diameter measured four feet above the ground (at its highest point), with the exception that provisions regulating clear-cutting as found in § 154.362 of this chapter must be followed.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2204) (Ord. passed 5-13-2008; Ord. passed 7-13-2010; Ord. passed 11-15-2011)

      (1)   Permits shall be valid for 90 calendar days.

      (2)   The town may require the replacement of trees in accordance with § 154.364 as a condition of any permit.

      (3)   A copy of the permit shall be displayed in plain sight on the property where the trees are being cut.

         (a)   The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services;

         (b)   The necessity to remove trees in order to construct proposed improvements to allow economic development of property adjacent to public property;

         (c)   The topography of land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface waters, and coordination with the town’s drainage patterns; and

         (d)   The number of trees existing in the neighborhood on improved property. The Town Manager or his or her designee shall be guided by the standards established in the neighborhood and the effect of tree removal upon property values in the area.

         (e)   The town may require the relocation or replacement of trees as a condition of issuing the permit, on a one for one basis, with replacement trees having a caliper of one and one-half inch diameter at breast height (that is, four feet above the ground at its highest point).

      (2)   Private property trees. The Town Manager or his designee may issue a permit for the cutting of live trees or portions of live trees (i.e. limbs or branches) on private property when such trees are in excess of six inches in diameter measured four feet above the ground (at its highest point) when:

         (a)   The trees or portions of trees are within 15 feet of the existing main structure or main structure being constructed on the building site;

         (b)   The trees or portions of trees are within five feet of an approved septic tank or septic drain field;

         (c)   The trees or portions of trees are within five feet of a driveway or parking area, the location of which has been approved by the Town Manager or his or her designee;

         (d)   The trees or portions of trees pose a hazard to the property owner and/or other residents;

         (e)   The cutting of the trees or portions of trees promotes the growth and development of other trees on the lot;

         (f)   The trees or portions of trees are diseased or damaged;

         (g)   The trees or portions of trees are within a temporary service route as defined in this subchapter. Approval under this criteria shall require the replacement of trees on a one-for-one basis in accordance with § 154.364 of this subchapter; or

         (h)   The removal of trees or portions of trees not meeting the criteria set forth in division s (a) through (g) above may be permitted pursuant to a landscaping plan that improves the property and is acceptable to the town. Such a plan shall be designed to minimize the injury, disturbance, or removal of trees not necessary to achieve the specific objectives of the plan.

         (i)   With regard to divisions (a), (b) and (c) above, for new construction no trees or portions of trees shall be cut pursuant to these criteria until the owner is ready to begin construction as evidenced by the issuance of a building permit.

         (j)   Permits may be granted for trees to be pruned or limbed for view enhancement. To attempt to minimize the detriment to the tree of these practices, the standards provided in American National Standards Institute (ANSI) A300 (Trees, Shrubs, and Other Woody Plant Management, Part 1 - Pruning) shall be followed.

   (D)   Flag and photo required. All trees to be cut or trimmed must be clearly flagged and photo taken.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2205) (Ord. passed 5-13-2008; Ord. passed 7-13-2010; Ord. passed 11-15-2011)

(Ord. passed 7-13-2010)

   On lots having a majority of trees under six inches in diameter at four feet above ground level (at its highest point), clear cutting is not allowed without the approval of the Town Manager or his or her designee. Under no circumstances can more than 50% of the natural vegetation, equally balanced across the entire lot, be cut regardless of the size or diameter of the vegetation, without approval of the Town Manager or his or her designee. The above criteria in § 154.360(C)(2)(a) through (h) will again be followed.

(Ord. passed 7-13-2010)

   Unless specified otherwise, when any provision of §§ 154.355 through 154.363 creates the need for trees to be replaced, the replacement shall be accomplished in accordance with this section.

   (A)   Trees shall be of an appropriate species and type for the location and elevation in which they will be planted. A list of replacement tree types and the locations in which they are appropriate may be obtained from the Town Manager or his or her designee.

   (B)   Tree caliper at the time of replanting shall be a minimum of one and one-half inches at breast height (that is, four feet ground level at its highest point).

   (C)   Tree replacement shall be accomplished at the next growing season in accordance with American National Standards Institute ANSI A300 (Part 6-Transplanting).

(Ord. passed 7-13-2010)

   (A)   General.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2207) (Ord. passed 5-13-2008; Ord. passed 7-13-2010; Ord. passed 11-15-2011; Ord. 2016-06, passed 4-12-2016)

   See § 154.046 of this chapter.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2208) (Ord. passed 5-13-2008; Ord. passed 7-13-2010; Ord. passed 11-9-2010)

   This subchapter is effective upon adoption.

(1989 Code, Title V, Ch. 51, Art. XXII, § 2209) (Ord. passed 5-13-2008; Ord. passed 7-13-2010)