(A)   The purpose and intent of this subchapter is to promote the health, safety and public welfare of the inhabitants of the Town of Collierville by preserving or increasing the tree canopy coverage within the community. This subchapter is based on the premises that trees are part of our heritage and our future and that they are an essential part of the quality of life within the Town.

   (B)   The standards herein are established in order to create greater human comfort by providing shade, to cool the air and otherwise temper the effects of summer heat, to restore oxygen to the atmosphere, to reduce glare and noise levels, to promote clean air quality by increasing dust infiltration, to improve surface drainage and minimize flooding, to ensure that activities in one area do not adversely affect activities within adjacent areas, to emphasize the importance of trees as a visual screen, to beautify and enhance improved and undeveloped land, to maintain the ambience of the Town and to ensure that tree planting and removal does not reduce property values, all of which aide in protecting the health, safety and general welfare of the Town.

   (C)   The standards herein are established in order to provide proper oversight for land development and construction activities, as they are a primary source of stormwater pollution, and can cause significant environmental damage to the streams and waterways of the Town if not properly managed.

(`00 Code, § 11-1601) (Am. Ord. 2020-11, passed 12-13-21)

   (A)   This subchapter shall be administered by the Development Director. The Development Director shall be supported by other departments and divisions within the Town.

   (B)   Specific areas of responsibility are assigned as follows.

         (a)   Provide overall enforcement of this section through the Building Official.

         (b)   Provide inspection of tree planting requirements in new residential areas.

         (a)   Review development plans in accordance with the provisions of this section as a part of the review process of site plans, grading permits, preliminary plats, and subdivision infrastructure construction plans.

         (b)   Provide inspection of development sites to ensure compliance with grading, landscaping, and tree protection requirements.

   (C)   Planning Commission, Historic District Commission, and Design Review Commission review development plans for conformance with this subchapter, as applicable.

(`00 Code, § 11-1602) (Am. Ord. 2020-11, passed 12-13-21)

      (1)   The tree proposed for removal is:

         (a)   Located on a residential lot of one acre or less; or

         (b)   Associated with agricultural purposes and/or uses pursuant to Tenn. Code Ann. § 6-54-126.

      (2)   Removal of trees that are determined to be unhealthy by the Development Director or with written verification of the tree's condition as dead, dying, or structurally unsound as prepared by a certified arborist;

      (3)   Removal of trees that are determined by the Development Director to be nuisance trees or a threat to an existing structure, underground utility, or public safety;

      (4)   The tree encroaches into established utility easements;

      (5)   Damage will result to utilities or structures from tree roots if the tree is not removed;

      (7)   Removal of trees on Town-owned land or within public right-of-way performed by the Town or its authorized agent;

      (8)   Removal of a tree is necessary to access a site and no alternative exists for relocating such access, as determined by the Development Director;

      (9)   The Development Director makes an exception in extraordinary circumstances, such as weather-related emergencies, natural disasters, or similar occurrences. The Development Director may impose conditions as he or she determines are necessary to ensure compliance with this section.

      (1)   In accordance with an approved site plan, preliminary subdivision plat, or subdivision infrastructure construction plan; or

      (2)   Pursuant to a grading permit approved by the Planning Commission.

      (1)   Current aerial photo depicting existing tree canopy cover and percent of site under existing tree cover with linework showing the extent of tree canopy cover;

      (2)   Tree save area(s) with acreage labeled for each noncontiguous area;

      (3)   The exact location, health, and size of all specimen trees and whether they will be preserved or removed; and

      (4)   Existing trees to be counted towards meeting the minimum tree planting requirements of the Zoning Ordinance.

      (5)   The plan shall also illustrate utilities, rights-of-way, easements and grading contour lines. When new trees are required to meet the minimum tree planting requirements of the Zoning Ordinance, a landscaping plan shall be provided pursuant to § 151.311, Site Plan Review. This plan must indicate the location, species, and size of new trees and existing trees to be preserved.

(`00 Code, § 11-1603) (Am. Ord. 2020-11, passed 12-13-21)

 

 

 

         (a)   Cash contributions for trees required by § 151.268(E), Overall Required Plantings;

         (b)   Charitable contributions given to the Town for planting trees; and

         (c)   Civil penalties received for the illegal cutting or damage of trees.

         (a)   An applicant shall submit a written request to use the Tree Bank for a portion of any required tree plantings.

         (b)   The Development Department shall determine the eligibility and extent of contributions during the site plan or subdivision infrastructure construction plan review and shall forward the request to the Board of Mayor and Aldermen for approval with the development agreement.

         (c)   If the Board of Mayor and Alderman does not approve the contribution to the Tree Bank, a revised landscape plan shall be submitted to the Development Department for approval.

         (d)   The applicant shall provide the cash contribution payment in the form of a cashier's check payable to Town of Collierville prior to recording of the final plat and/or issuance of a building permit.

         (a)   An applicant may submit a written request to the Development Department for a refund from a payment into the Tree Bank if a post-development survey demonstrates that additional trees were saved during the construction process than originally depicted on the approved construction drawings.

         (b)   The Development Director shall determine the eligibility of the trees claimed for credit and the extent of the refund based on the applicable overall required plantings. Only existing viable trees meeting the minimum size requirements for new plantings, and protected by appropriate tree protection fencing during construction, may be credited towards the required number of trees.

         (c)   The refund request shall be forwarded to the Board of Mayor and Aldermen for approval as an amendment to the development agreement.

      (1)   Unusual environmental conditions, such as drought, ice, over-saturated soil (deep mud), or inappropriate planting season for the plant species;

      (2)   The substitution or unavailability of plant species or acceptable plant size as specified on the landscape plan in cases where such materials are not commercially available within a reasonable time;

      (3)   Circumstances beyond the developer's or landowner's control, such as incomplete construction or utility work to occur in a proposed landscape area within 30 days after expected site completion, provided the developer or property owner submits a letter from the utility company stating the estimated installation date; or

      (4)   Other circumstance warranting an extension in the opinion of the Development Director.

      (1)   The property owner, except where otherwise exempted by this subchapter, shall be responsible for the maintenance of:

         (a)   All required landscape areas on the lot; and

         (b)   Street trees between the curb and side walk, planted adjacent to the lot in conjunction with the development of the site, unless otherwise specified by the Town or a homeowners association.

      (2)   Homeowners associations are responsible for the maintenance of open space lots, medians, and street trees located within public rights-of-way associated with the development.

      (3)   Landscape areas shall be maintained in accordance with the approved landscape plan and shall present a healthy and orderly appearance free from refuse and debris.

      (4)   All plant life shown on an approved landscape plan used to meet a minimum standard of this subchapter shall be maintained thereafter in a healthy growing condition and shall be replaced if it dies, is seriously damaged, or removed. Such plants shall be replaced by the property owner within one year.

      (5)   Plants shall be maintained in a way that does not obstruct sight distances at intersections of streets or internal drives or driveways, obstruct traffic signs or devices, and/or interfere with the use of sidewalks or pedestrian trails.

      (6)   All required trees and shrubs used for screening purposes and buffering shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared or topped. Required trees shall not be shaped as shrubs. Trees and shrubs required by this subchapter that have been severely pruned, sheared, topped, or any trees shaped as shrubs that no longer meet their intended function shall be considered damaged vegetation in need of replacement and shall be replaced within one year.

      (7)   The Development Director shall determine the extent and timing of all other replanting requirements.

(`00 Code, § 11-1604) (Ord. 95-13, passed - -; Am. Ord. 2020-11, passed 12-13-21)

   (A)   General. It shall be unlawful to remove any tree or to commence any grading, earthmoving or changing of elevation of property without first having applied for and received a permit in accordance with the provisions of this subchapter.

(`00 Code, § 11-1605) (Am. Ord. 2020-11, passed 12-13-21) Penalty, see § 10.99

   (A)   Prior to the issuance of a permit for grading or tree removal, an applicant must submit a development plan to the Development Department with a written statement of the proposed work to be accomplished and a site plan prepared by a licensed surveyor, landscape architect, architect or engineer which shall include:

      (1)   Confirmation that the application is consistent with Chapter 152;

      (2)   The location, size and variety of existing trees per § 151.267(C);

      (3)   The nature and extent of the proposed grading, earth-moving or change in elevation; and

      (4)   The applicant’s plan for controlling on-site generated sedimentation, erosion and runoff;

      (5)   Tree protection measures consistent with the requirements of this subchapter; and

      (6)   The number, species, caliper and location of any additional trees that will be planted on the site to comply with state or local stormwater regulations.

   (B)   A grading permit application shall be approved if it can be determined that:

      (1)   The grading plan will be performed in accordance with good flood, erosion and sedimentation control practices and good forestry practices;

      (2)   The application addresses the preservation of existing trees;

      (3)   The applicant intends to complete site grading according to a reasonable time schedule and will take steps to prevent any negative impacts resulting from the work proposed.

(`00 Code, § 11-1606) (Am. Ord. 2020-11, passed 12-13-21)

   The Planning Commission shall review and approve or deny the application within 60 working days after the day same is submitted. In the event of denial of the application, the specific reasons for denial of same shall be set forth in writing and a copy of same shall be furnished to the applicant.

(`00 Code, § 11-1607) (Am. Ord. 2020-11, passed 12-13-21)

   Any dissatisfied applicant may timely appeal in writing such denial of a grading permit that is unrelated to a site plan, preliminary subdivision plat, or subdivision infrastructure construction plan to the Board of Mayor and Aldermen of the Town of Collierville within ten days after the date the notice of denial is provided.

(`00 Code, § 11-1608) (Am. Ord. 2020-11, passed 12-13-21)

   Any person, firm, partnership or corporation violating any of the provisions of this subchapter shall be fined no more than $50 or the maximum amount permitted by law for each tree and a separate offense shall be deemed committed for each day of violation of this subchapter. The foregoing provisions relative to a fine shall not in any way prevent the Town of Collierville from seeking injunctive relief against a violator of this subchapter, and the violation of this subchapter shall be deemed a nuisance for injunctive relief purposes.

(`00 Code, § 11-1609) (Am. Ord. 2020-11, passed 12-13-21)