This article shall be referred to and known as the tree protection regulations of the town land development code.

(Ord. No. 5-92, § 11.2, 8-25-92)

The purpose of this article is to establish which trees present on a development site must be protected from harmful effects of development. A developer must apply the provisions of this article to a proposed development site before the issuance of a preliminary development order or a development permit. Application of the provisions of this article will divide a proposed development site into areas that may be developed and areas where trees must be protected. The proposed development must then be designed to fit within the area to be developed.

(Ord. No. 5-92, § 11.3, 8-25-92)

(a)

Trees. The following types of trees shall be exempt from the tree protection requirements of this article:

Australian Pine

Chinaberry

Eucalyptus

Mimosa

Citrus

Brazilian Pepper

Acacia

Silk Oak

Norfolk Pine

Oleander

(b)

Single-family homes. Lots or parcels of land on which a single-family home is used as a residence shall be exempt from all provisions of these tree protection regulations, except that historic or specimen trees on such parcels shall be protected according to these regulations. This shall not be construed to exempt any residential developments that requires the approval of a development plan. Removal of an historic or specimen tree on such a parcel shall require a final development order that specifies authorization for a removal permit for such tree.

(c)

Land within a timber T zoning district. Lots, parcels or tracts of land which have a timber T zoning designation shall be exempt from all provisions of these tree protection regulations so as to preserve the use of these lands for silviculture.

(d)

Utility operations. Tree removals by duly constituted communication, water, sewer, electrical or other utility companies or federal, state, or county agencies, or engineers or surveyors working under a contract with such utility companies or agencies shall be exempt, provided the removal is limited to those areas necessary for maintenance of existing lines or facilities or for construction of new lines or facilities in furtherance of providing utility services to its customers, and provided further that the activity is conducted so as to avoid any unnecessary removal and, in the case of aerial electrical utility lines, is not greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearances. Written notice of the removal shall be provided to the town five days prior to the removal, except that when the removal is needed to restore interrupted service under emergency conditions, no prior notice is required.

(e)

Surveyors. A state licensed surveyor in the performance of his duties shall be exempt from all provisions of these tree protection regulations provided such alteration is limited to a swath three feet or less in width.

(f)

Commercial growers. All commercial nurseries, botanical gardens, commercial timber operations, tree farms and grove operations shall be exempt from the provisions of this part, but only as to those trees which were planted for silvicultural or agricultural purposes or for the sale or intended sale in the ordinary course of business.

(g)

Emergencies. During emergencies caused by a hurricane or other disaster, the town may suspend these tree protection regulations only for removal of trees which pose a hazard to life and property.

(Ord. No. 5-92, § 11.4, 8-25-92)

(a)

Conditions for authorization to remove protected trees.

(1)

It is the intent of this section to minimize the removal of protected trees and that no authorization shall be granted to remove a tree if the developer has failed to take reasonable measures to design and locate the proposed improvements so that the number of protected trees to be removed is minimized. In particular, the design must attempt to preserve specimen and historic trees.

(2)

No authorization for the removal of a protected tree shall be granted unless the developer demonstrates one or more of the following conditions:

a.

A permissible use of the site cannot reasonably be undertaken unless specific trees are removed or relocated.

b.

The tree is located in such proximity to an existing or proposed structure that the safety, utility or structural integrity of the structure is materially impaired.

c.

The tree materially interferes with the location, servicing or functioning of existing utility lines or services.

d.

The tree creates a substantial hazard to motor, bicycle or pedestrian traffic by virtue of physical proximity to traffic or impairment of vision.

e.

The tree is diseased or weakened by age, abuse, storm or fire and is likely to cause injury or damage to people, buildings, or other improvements.

f.

Any law or regulation requires the removal.

g.

The tree is located within a timber zone designation.

(b)

Replacement of removed trees.

(1)

Trees removed pursuant to subsection 34-654(a) above shall be replaced at the expense of the developer.

(2)

For each inch of diameter at breast height removed, an inch of diameter at breast height shall be replaced. The type of tree used for replacement shall be any of the type of protected trees listed in this chapter.

(3)

A replacement tree may be a tree moved from one location to another on the site, or moved from off the site pursuant to subsection (4) below. The county forester shall prescribe measures to ensure the survival of the tree.

(4)

Replacement trees shall, if practicable, be planted on the development site. If not practicable, replacement trees may be donated to the town for purposes of planting on public property or a fee in lieu may be paid. The fee shall be based on the cost of purchasing the requisite size and number of replacement trees.

(c)

Historic and specimen trees.

(1)

A historic tree is one that has been designated by the town as one of notable historical interest and value to the town because of its location or historical association with the community. A public hearing shall be held by the town commission on the designation with due notice to the owner of the tree.

(2)

A specimen tree is one that has been officially designated by the town commission, upon the advice of the county forester, to be of high value because of its type, site, age or other relevant criteria. A public hearing on the designation shall be held by the town commission with due notice to the owner of the tree.

(3)

No historic or specimen tree shall be removed without a finding by the planning commission that the tree is a hazard or that it is not economically or practically feasible to develop the parcel without removing the tree. The developer shall explain in detail and substantiate with facts as part of a preliminary development plan why it is not economically or practically feasible to develop the property without removing the historic or specimen tree.

(Ord. No. 5-92, § 11.5, 8-25-92)

(a)

Generally. For the protection of trees during development activities the following general provisions apply:

(1)

To ensure the health and survival of protected trees that are not to be removed, the developer shall avoid the following kinds of tree injuries during all development activities:

a.

Mechanical injuries to roots, trunk and branches;

b.

Injuries by chemical poisoning;

c.

Injuries by grade changes;

d.

Injuries by excavations; and

e.

Injuries by paving.

(2)

At a minimum, the protective measures described below shall be taken where appropriate to the development activity. The measures shall be planned and undertaken in consultation with the town and shall not be construed as limiting the authority of the planning commission to impose additional reasonable requirements as may be necessary to preserve the health of protected trees in particular circumstances.

(b)

Avoiding mechanical injuries. To avoid mechanical injuries to trees during development activities the following provisions apply:

(1)

Prior to any land preparation or other development activities a protective barrier easily visible to equipment operators shall be placed around all protected trees so as to encompass the entire tree protection zone. See Figure 2.

(2)

No attachment, wires (other than supportive wires), signs or permits may be fastened to protected trees.

(3)

No equipment, construction materials or debris of any kind shall be placed within the protective barrier.

(4)

Landscaping activities within the bounds of the protective barrier (before and after it is removed) shall be accomplished with light machinery or manual labor. Grubbing and similar activities are prohibited.

(5)

In lieu of constructing the barriers required above, the developer may physically designate large areas containing protected trees where no land preparation or other development activities of any kind will occur. The area shall be designated by placing stakes a maximum of 25 feet apart and tying ribbon, plastic tape, rope, etc., from stake to stake along the outside perimeter of the area. This perimeter line shall be beyond the tree protection zone of any protected trees growing within the area.

(6)

Required protective barriers and perimeter lines shall remain in place until all construction activity, except landscaping within the protected area, is terminated.

(c)

Avoiding injuries due to chemical poisoning. To avoid injuries due to chemical poisoning the following provisions apply:

(1)

No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical or other material or tools of any kind shall be stored or allowed in any manner to enter within a required protective barrier or perimeter line.

(2)

No equipment shall be cleaned within a required protective barrier or perimeter line.

(d)

Avoiding injuries due to grade changes. Grade changes shall not be made within the tree protection zone unless the following protective measures are taken:

(1)

Raising the grade. When raising the grade, the following measures shall be taken:

a.

Within the tree protection zone, existing sod, vegetation and leaf litter shall be removed and the soil loosened without injuring the roots.

b.

The area within the tree protection zone shall be properly fertilized to improve the vigor and growth of the roots.

c.

Porous four-inch agriculture drain tiles shall be laid over the soil to drain liquids away from the trunk. A drop of at least one-eighth-inch per foot shall be provided. The drain field shall be designed to provide adequate drainage of the existing configuration of the trees.

d.

The number of drains shall depend upon soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy nonporous soils.

e.

Aeration shall be provided by installing vertical tiles along the system. The vertical tiles shall be filled with gravel and capped with a heavy-duty mesh to keep out trash and debris.

f.

Dry wells shall be large enough to allow for maximum growth of the tree trunk. Most large shade trees require at least a 60-inch diameter well. For slow-growing mature trees, a space of 12 to 18 inches shall be provided between the trunk and the side of the wall at every point.

g.

To prevent washing of material into the well, the dry well casing walls shall be high enough to bring the coping just above the level of the proposed fill.

h.

Dry well walls shall be instructed of materials that permit passage of air and water. Concrete blocks backed with galvanized screening may be used for the sides of the wall.

i.

Gratings or barriers shall be used around openings that are large enough to present a hazard to pedestrians.

j.

Open wells shall be cleaned regularly to remove sediment, leaves, and debris that might interfere with the free passage of air.

k.

Large stones shall be placed over the drainpipe tiles and a layer of smaller stones shall be placed over the remainder of the ground within the dripline.

l.

A layer of gravel shall be placed over the stones.

m.

The fill shall be completed with a layer of porous soil. See Figures 3, 4 and 5.

(2)

Lowering grade. When lowering the grade, the following measures shall be taken:

a.

Roots shall be cut cleanly and retrimmed after excavation.

b.

The canopy shall be pruned to aid in maintaining tree vigor.

c.

When lowering the grade of the soil surrounding a protected tree, the maximum number of tree roots within the tree protection zone shall be preserved by using any of the following methods:

1.

Terracing. The area within the tree protection zone is left at the original grade by terracing.

2.

Retaining wall. The area within the tree protection zone is left at the original grade constructing a dry retaining wall. The retaining wall shall be porous to allow for aeration.

3.

Terracing and retaining wall. The area within the tree protection zone is left at the original grade by the combined use of terracing and dry retaining wall. See Figure 6.

(3)

Minor changes in grade. When the change in grade is minor, as determined by the county forestry, lesser protective measures than those described above may be taken. The planning commission shall approve the use of these methods where their use will not endanger the health of the protected tree.

(e)

Avoiding injuries due to excavations.

(1)

Water, sewer and other utility lines should be routed around the tree protection zones of protected trees.

(2)

If a line cannot reasonably be routed around the tree protection zone, the line shall be tunnelled beneath the area within the zone. The tunnel shall be offset to one side of the trunk to prevent damage to the main taproots.

(f)

Avoiding injury by paving within the dripline. To avoid injury by paving within the dripline, porous paving may be placed within the tree protection zone of a protected tree, so long as no damage is inflicted to the tree by grade change, compaction of the soil, or any other cause.

(Ord. No. 5-92, § 11.6, 8-25-92)

(a)

Generally. The town commission has determined that certain roadways within the town merit special protection of the trees which line and/or provide canopies over the roadway. It is the purpose of this section to describe those roadway sections and require additional protection through control of activities.

(b)

Protection areas. The following roads are designated as tree-lined and canopy road protection areas:

(c)

Tree protection. All protected species within an area extending 30 feet on either side of the designated roadways are protected from removal or destruction by the requirements of this section. No protected species within the area of protection shall be removed without a permit. Protected trees which are approved for removal shall be replaced with 1½ times the number of diameter inches at breast height as the removed tree(s).

(Ord. No. 5-92, § 11.7, 8-25-92)

The preservation of any protected tree may be considered as a factor in rendering a decision upon an application for a variance from the literal application of other requirements of this chapter.

(Ord. No. 5-92, § 11.8, 8-25-92)

(a)

The town commission shall have the authority to appoint necessary personnel, designate the appropriate board or commission and establish the necessary rules and regulations for the enforcement of this article.

(b)

For the purpose of carrying out the provisions and requirements of this article, the town code enforcement officer and the town code enforcement board are empowered to investigate possible violations, inspect premises to determine if proper procedures have been followed, and to issue violation warnings and citations to persons violating the terms of this article. The code enforcement officer shall be authorized to testify on matters relating to this article or investigation conducted in relation to it.

(Ord. No. 5-92, § 11.9, 8-25-92)

Permits shall be issued by the town building official for removal of trees as specified in a final development order, or in accordance with the provision of this article where no final development order is required. The form and fee schedule for such permit will be established by the town commission to be reviewed on a three-year schedule. Dead trees or those damaged by an act of God shall not require a permit but each such tree must be inspected and approved for removal. If trees, for which a permit is issued, are not removed within 90 days, the permit shall be null and void.

(Ord. No. 5-92, § 11.10, 8-25-92; Ord. No. 01-08, § 1, 5-13-08)

Any person who violates any provision of this article shall, upon conviction, be subject to a fine not to exceed $100.00 per offense. Each tree removed without proper approval shall constitute a separate offence under the terms of this article.

(Ord. No. 5-92, § 11.11, 8-25-92)