The building code administrator shall have the following powers:

(1)

To make additions and deletions to the approved tree replacement list;

(2)

In all districts except the existing PUD district, to consider the issuance of, and to issue or deny land clearing permits and protected tree removal permits where removal of historic trees are proposed, to include designation of and location of replacement trees;

(3)

In all districts except the existing PUD district, to have to investigate violations of this article and to issue civil penalties pursuant to section 86-259 hereof; and

(4)

To recommend to the planning commission amendments to this article as from time to time may appear desirable.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

The Ocean Ridge Architectural Review Board shall have the following responsibility:

(1)

In the existing PUD district, to consider the approval of land clearing and protected tree removal where removal of historic trees is proposed, to include designation of and location of replacement trees; and

(2)

In the existing PUD district, to have joint authority with the building code administrator to investigate violations of this article and to issue civil penalties pursuant to section 86-259 hereof.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

The building code administrator shall have responsibility for administering this article except to the extent specific authority is delegated to the Ocean Ridge Architectural Review Board.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

The zoning board of appeals shall hear and decide appeals from decisions made by the building code administrator pursuant to this article.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

The tree ordinance shall apply to all trees existing on land, public and private, within the town, now and in the future, subject to the following:

(1)

Utility companies, electric suppliers, and government agencies. These entities that are constructing or maintaining easements for water, sewer electricity, gas, drainage, telephone, or cable transmission or rights-of-way, shall be exempt from the provisions of this article, if the applicable entity has executed an agreement with the town which, at a minimum:

a.

Recognizes the need to minimize the cutting or trimming of protected trees;

b.

Establishes to the extent feasible, design guidelines for construction and maintenance which identifies the saving of protected trees as a factor to be considered in the design process;

c.

Allows for consultation process with the town prior to the commencement of major construction or maintenance or the removal of protected trees; and

d.

Provides that a breach of such agreement constitutes a violation of this article and a loss of exemption from its requirements.

(2)

This article shall not restrict the ability of the town or the South Carolina Department of Transportation from trimming trees on the road and street rights-of-way for the maintenance of safety. The trimming shall be completed with a minimum disruption to protected trees.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

Except as otherwise provided herein, no individual or agent shall remove, destroy, cause to be destroyed, move or mortally prune, or use any other harmful treatment, such as application of toxic substances, fire or machinery, on or to any tree defined herein as historic without the prior approval of the building code administrator or the Ocean Ridge Architectural Review Board, as the case may be.

(b)

No individual or agent shall remove, destroy, cause to be destroyed, move or mortally prune, or use any other harmful treatment, such as application of toxic substances, fire, or machinery on or to any tree defined herein as significant without the prior approval of the building code administrator, or the Ocean Ridge Architectural Review Board, as the case may be.

(c)

In the event that the building code administrator or the Ocean Ridge Architectural Review Board, as the case may be, shall determine that any tree shall be in a hazardous or dangerous condition so as to endanger the public health, safety, welfare, and that such tree requires immediate removal without delay, written authorization may be given by the building code administrator and the tree removed.

(d)

During the period of an emergency, such as tornado, hurricane, ice storm, flood, or any other act of nature, the requirements of this article shall be waived from the time as such the mayor has declared a "state of emergency" In such case, the cutting and removal of felled trees shall be permitted until such time as the mayor has rescinded the "state of emergency."

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

Land may be mowed and underbrush cleared, but no trees of any kind in excess of eight inch DBH may be removed without a permit as described in section 86-256.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

A land clearing permit is required from the town through the building code administrator prior to removal of any tree in excess of eight inch DBH on any undeveloped lot, tract, or existing PUD.

(b)

A protected tree removal permit is required from the town through the building code administrator prior to any protected tree removal on any developed lot, tract, or existing PUD. See section 86-4(b)(5) for fees and waiver of fee provisions.

(c)

Tree replacement or relocation may be made a condition for issuance of a land clearing permit or protected tree removal permit for removal of an historic tree.

(1)

Replacement trees must be the same kind of tree as that removed, or from the approved tree replacement list found in section 86-261. Each replacement tree with a single trunk must have a minimum of three inches caliper and be at least ten feet tall. Multi-trunk trees must be at least ten feet tall.

(2)

The location of replacement trees shall be at the discretion of the property owner, with the concurrence of the building code administrator or Ocean Ridge Architectural Review Board, as the case may be, which concurrence shall not be unreasonably withheld.

(3)

All replacement trees must be of healthy, vibrant stock, in accordance with American Standards for Nursery Stock of the American Association of Nurserymen.

(4)

Where the necessity for removal can be demonstrated, and there will remain adequate vegetative cover, the building code administrator or Ocean Ridge Architectural Review Board, or as the case may be, may waive or limit replacement of trees.

(d)

It is the intention of this article to give special treatment to the removal and replacement of those trees designated as historic. The property owner, the building code administrator and the Ocean Ridge Architectural Review Board should make every effort to save these historic trees when possible.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

Construction of impervious surfaces shall not be permitted within five feet of the base of a protected tree, unless special construction methods, including, but not limited to, tree feeders and porous paving materials are used and certified by the building code administrator or as acceptable for the particular application. Fill shall not be permitted within five feet of the base of a protected tree unless special methods to ensure proper drainage and ventilation are used and certified by the building code administrator or as acceptable for the particular application.

(b)

During construction, protective barriers at the tree drip line or one and one-half feet of distance for each inch of tree DBH shall be erected to prevent vehicular and foot traffic around the roots of protected trees or groups of protected trees. If this is not practical, other special methods to protect against soil compaction shall be used and certified by the building code administrator as acceptable for the particular application.

(c)

Every effort should be made to avoid cutting major roots of protected trees when trenching or excavating for utilities, driveways, and septic systems. Protection methods include but are not limited to alternative routing of pipes and cables, tunneling under major roots, and appropriately pruning foliage to reduce transpiration during recovery.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

Prior to the commencement of any land disturbance, development or construction activities on any lot, protective barriers shall be erected around protected trees to prevent irreparable damage to those that are not approved for removal. These protective barriers shall guard against direct physical damage, indirect root damage and trunk and crown disturbances. All tree protective barriers shall be approved by the applicable governing authority, the building code administrator or the Ocean Ridge Architectural Review Board. To ensure protective measures are adequate, minimally the following criteria shall apply:

(1)

A fence shall be placed at ground level at the outer perimeter/boundary of the tree or vegetation canopy/drip line. The fence shall be at least four feet high, preferably orange polyethylene laminar safety fencing attached to metal posts. An acceptable alternative to this method is to place the fence at a distance away from the center of the tree trunk that equals a minimum, one and one-half feet of diameter for each inch of tree DBH.

(2)

Installation of utilities, irrigation systems, etc. shall be installed by tunneling rather than trenching in the protective root area of any protected tree or protected vegetation wherever feasible. Protection methods include but are not limited to alternative routing of pipes and cables, tunneling under major roots, and appropriately pruning foliage to reduce transpiration during recovery.

(3)

The protected area shall remain free of all equipment traffic, building materials, dirt, fill, and other adverse effects resulting from construction or development activities. If this is not practical, other special methods to protect against soil compaction shall be used and certified by the building code administrator as acceptable for the particular application.

(4)

Tree protective barriers shall be maintained throughout all land disturbances and construction.

(b)

Where the building code administrator, or the Ocean Ridge Architectural Review Board, as the case may be, has determined that irreparable damage has occurred to protected tree(s), the tree(s) must be removed and replaced. Replacement trees shall be required as if the tree(s) had been removed without appropriate approval in accordance with section 86-259.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

(a)

If the building code administrator or the Ocean Ridge Architectural Review Board, as the case may be, shall find any of the provisions of this article are being violated, they shall in writing; notify the owner of the property. Written notification shall indicate the nature of the violation and/or the action necessary to correct the violation.

(b)

Removal of each protected "significant" tree without approval from the building code administrator or the Ocean Ridge Architectural Review Board, or as the case may be, is a violation of this article, and shall require replacement in caliper inches (American Nursery Stock Standard) equal to 100 percent of the number of inches of "DBH" removed from the site. Replacement trees must be the same kind of tree illegally removed or a type of tree included in the approved tree replacement list. Violations of this Code will be handled in accordance with the general provision of section 1-6.

(c)

Removal of each protected "historic" tree without approval from the building code administrator or the Ocean Ridge Architectural Review Board, or as the case may be, is a violation of this article. Replacement trees shall be planted in accordance with a replacement schedule approved by the building code administrator who shall specify the number, species, DBH, and location of replacement trees, using the following criteria;

(1)

Replacement trees must be the same kind of tree as that removed or from the approved tree replacement list. Each replacement tree with single trunk must have a minimum of three inches caliper and be at least ten feet tall. Multi-trunk trees must be at least ten feet tall.

(2)

The location of replacement trees shall be at the discretion of the property owner, with the concurrence of the building code administrator or Ocean Ridge Architectural Review Board, as the case may be, which concurrence shall not be unreasonably withheld.

(d)

Persons responsible for unauthorized removal of a protected tree or trees may be subjected to a civil penalty of $100.00 per inch of diameter at breast height. Restitution funds will be credited to an account for trees to be installed within the town as appropriate. Imposition of the civil penalty may be made by the town building code administrator after a hearing at which the person or persons believed to be responsible are given notice, and an opportunity to be heard and to confront witnesses. The issue of the diameter at breast height shall be a question of fact to be determined by the building code administrator or his/her designee.

(e)

Owners must certify that replacement trees survive two years. Trees that do not survive must be replaced per the requirements of the tree ordinance.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

Violations of any provision of this article shall be a misdemeanor punishable as provided in the Code of Ordinances of the town.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

1.

Oak trees—Live Oak, Willow Oak, Myrtle Oak, Laurel Oak, Basket Oak, White Oak, and Southern Red Oak.

2.

Cedar trees—Southern Red Cedar.

3.

Magnolia trees—Southern Magnolia and Sweetbay Magnolia.

4.

Other trees—Added from time to time by the town council, or its designee.

(Ord. No. 2010-13, 6-10-10; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)