Trees are an essential natural resource, an invaluable economic resource, and a priceless aesthetic resource. Trees play a critical role in purifying air and water, providing wildlife habitat, and enhancing natural drainage of stormwater and sediment control. They also help conserve energy by providing shade and shielding against noise and glare. Trees promote commerce and tourism by buffering different land uses and beautifying the landscape. Trees enhance the Lowcountry quality of life as a sacred and inseparable part of its historical legacy.

The Tree Protection and Preservation regulations of this article are intended to enhance the health, safety and welfare of the Town of Meggett citizens.

1. Applicability
   1. The provisions of this article in their entirety shall apply to all real property in the Town of Meggett that:
      1. is presently zoned or where an application is pending for rezoning to the RC, AR, AG, OCM, LIN, or PD zoning district.
      2. is designated as appropriate for rezoning to the RC, AG, AR, OCM, LIN, or PD zoning district.
   2. These 2 categories of properties are hereinafter referred to as "non-exempt" for purposes of this article, except as otherwise expressly exempted.
2. Partial Exemptions: Single-family residential subdivisions for which preliminary subdivision application has been made proposing new roads or easements or extensions to existing roads or easements will be subject to all of the Administration provisions of Sec. 9.2.
3. Full Exemptions: The following uses and activities shall be exempt from all provisions of this article:
   1. Electric Suppliers, Public Utilities and Public Works: This article shall not restrict public utilities, electric suppliers, and the Public Works department from maintaining safe clearance around existing utility lines, drainage ditches, and existing easements in accordance with existing maintenance agreements and practices. Siting and construction of future water, sewer, gas, telephone, drainage, communications, electrical line or other easements shall be exempt from the provisions of this article. Utility easements for which a Conditional Use Permit was granted prior to adoption of this article shall be fully exempt.
   2. Bona Fide Forestry Operations: Removal of trees for the purpose of conducting "bona fide forestry operations" shall be exempt from the provisions of this Article except for removal of Grand trees.
      
      For this use to be allowed, the contiguous parcels must have five acres or more of forest land. Additionally, if a parcel is harvested of Grand Trees zoning permits or development applications may not be submitted within five years of issuing permit for the harvest because, it shall be presumed that such harvest was done in anticipation of future development and is not considered a bona fide forestry activity as defined by this ordinance. Any person seeking to rebut this presumption shall have the burden of proving their claim by clear and convincing evidence.
      
      "Bona fide forestry operations" shall mean that the property is eligible for, and actually used for forestry or timber operations, and written application has been approved by the County Assessor for the special assessment for agricultural use for the property in question pursuant to SC Code Section 12-43-220, SC Department of Revenue Regulation 117-1780.1. and other applicable statutes, rules and regulations.
   3. Commercial Nursery Operations: Commercial nursery operations shall be exempt from the provisions of this article.
   4. Agricultural Uses: Removal of trees for the purpose of establishing bona fide agricultural uses shall be exempt from the provisions of this article.
   5. Charleston County Aviation Authority: Removal of trees for the purposes of maintaining safe clearance for aircraft as required by federal law or the establishment of facilities exclusively dedicated to aviation operations on property owned or leased and in use by the Charleston County Aviation Authority will be exempt from the provisions of this article.

Removal of grand trees is prohibited prior to the issuance of a Zoning Permit by the Planning Director. Zoning Permits will be issued only after a tree plan is approved by the Planning Director, as outlined below.

No Live Oak trees with a diameter at breast height (DBH) of 24" or greater may be removed without a variance approved by the Board of Zoning Appeals.

Tree plans, prepared by a licensed registered surveyor, civil engineer or landscape architect, shall be required for all of the following:

1. preliminary subdivision applications which include proposed roads or easements, or extensions of existing roads or easements;
2. final plat applications that have lots 1 acre or less; and
3. applications for Zoning Permits to remove trees for site development (an approved, recorded plat and development site plan must accompany tree plans).

Tree plans of the same scale as, or superimposed on a development site plan or preliminary plat shall include:

1. Where a tree plan is included on a preliminary plat in accordance with the Subdivision Regulations, the name, address, signature, and seal of the licensed surveyor and civil engineer, registered in the State of South Carolina shall be provided. In addition, tree plans required for preliminary subdivision applications on partially exempted properties (Sec. 9.1C.2) or non-exempt properties (Sec. 9.1C.1) which include proposed roads or easements or extensions of existing roads or easements shall indicate the location, size, and species of all Grand Trees within rights-of-ways or easements and in the areas adjacent to each side of the right-of-way easement, extending to a depth to be determined by the Planning Director.
2. In cases where a landscape architect, civil engineer, forester or surveyor utilizes previously approved recorded plats prepared by surveyors, for the purpose of showing a tree plan, the name, address, signature and seal of the licensed landscape architect, engineer, surveyor who shall be responsible for the accuracy of information provided.
3. Location, number, size (DBH) and species of all trees to be preserved, and those scheduled to be removed (including dead and diseased trees) and replaced.
4. A plan outlining the manner in which trees are to be protected during development.
5. For developments of 10 acres or greater requiring large common/open space areas, including but not limited to, parks, playgrounds, and golf courses, a scaled infrared or high resolution black and white aerial photograph or print of equal quality may be substituted in cases where the Planning Director determines that it would provide the same information as a tree plan.

In the event the Mayor or Town Administrator, after consultation with a certified arborist, determines that a tree poses a serious and imminent threat to public safety or property due to death, disease, or damage, the Mayor or Town Administrator may waive the requirements of this Article after a site visit to determine the condition of the tree and the review of any documents or other proof provided by the property owner.