Mount Pleasant City Zoning Code

SUBCHAPTER E

TREE PROTECTION

§ 156.700 AUTHORITY AND PURPOSE.

(A) The citizens of the town recognize the importance of preserving the natural landscape through the protection of existing trees to:

(1) Promote the public health, safety, and general welfare;

(2) Lessen air pollution;

(3) Increase dust filtration;

(4) Reduce noise, heat, and glare;

(5) Prevent soil erosion;

(6) Improve surface drainage and minimize flooding;

(7) Ensure that noise, glare, and other distractions of movement in one area do not adversely affect activity within other adjacent areas;

(8) Beautify and enhance improved and undeveloped land;

(9) Preserve and protect both the natural and historic amenities within the town;

(10) Ensure that excessive tree cutting does not reduce property values; and

(11) Minimize the cost of construction and maintenance of drainage systems necessitated by the increased flow and diversion of surface waters.

(B) In furtherance of the above purposes and pursuant to authority conferred by the South Carolina Local Government Comprehensive Planning and Enabling Act of 1994, as amended, the Town Council does ordain and enact into law the following sections:

(1) Regulating and restricting the removal of trees from all developed and undeveloped real property;

(2) Providing for replacement of trees;

(3) Establishing standards for tree protection during land clearing and construction;

(4) Providing certain exceptions and exemptions;

(5) Establishing and defining the approval process, with respect to these regulations, for developments subject to the design review procedure;

(6) Providing appeal procedures and remedies;

(7) Providing penalties for violations of this chapter;

(8) Providing proper methods for maintenance;

(9) Defining certain terms used herein; and

(10) For other purposes.

(C) The intent of this subchapter is to encourage the protection and replacement of trees consistent with the economic and healthful enjoyment of private property. The intent is not punitive, nor to cause hardship to any individual, private firm, or public agency that uses every care and diligence to protect trees within the town.

(D) The Zoning Administrator shall be an ISA Certified Arborist and shall be responsible for administration of all provisions of this subchapter. Public tree management and all aspects of maintenance (see § 156.708) shall be administered by the Public Services Department.

(E) No person, firm, organization, society, association, or corporation, or any agent or representative thereof, shall directly or indirectly destroy or remove any protected, significant, or historic tree, except as authorized under the provisions of this chapter.

(Ord. passed 1-14-25)

§ 156.701 JURISDICTION AND APPLICABILITY.

(A) This subchapter applies to all real property within the corporate limits of the town.

(B) Protected, significant, or historic trees shall not be removed except in accordance with this subchapter.

(Ord. passed 1-14-25)

§ 156.702 TREE REMOVAL AND REPLACEMENT.

(A) Tree removal permit required.

(1) Prior to removal of any protected, significant, or historic tree, the applicant must obtain a tree removal permit issued by the Zoning Administrator, an approved clearing and grading permit, or any other tree removal permit, as appropriate.

(2) An application for tree removal must be submitted, along with payment of the required fee. Pending staff review of the request, a replacement plan may be required which must be submitted and approved prior to issuance of the tree permit.

(3) Where full replacement cannot be accomplished by replanting on the site, fee in lieu of replacement trees may be considered in accordance with division (M) below. When fee in lieu of replacement trees is part of an approved replacement plan, payment must be submitted prior to issuance of the removal permit.

(4) On all properties, the removal of historic trees, except as otherwise provided in this subchapter, requires approval as specified in this section or in § 156.704, as applicable.

(5) In cases where removal is requested for a boundary tree, all owners must agree through written consent on removal and replacement prior to approval and issuance of a tree removal permit.

(6) Tree removal permits will not be issued on properties where outstanding mitigation has not been satisfied.

(B) Display of permit. Any permit or document authorizing removal of a tree shall be clearly displayed in an obvious and noticeable location, such as a window or storm door, for review during the removal process. Failure to do so is a violation of this chapter and subject to the provisions of § 156.709.

(1) Removal of each protected, significant, or historic tree, except as specified elsewhere in this chapter, requires replacement/mitigation in caliper inches (see ANSI Z60.1 for measuring instructions). The total number of inches removed from the site is measured as the diameter at breast height (DBH).

(2) In the case of developed sites:

(a) Tree replacement must be planted within a defined period of time not to exceed six months from the date of permit issuance; and

(b) If the mitigation calculation is greater than or equal to 2.5 inches, one replacement tree of at least 2.5-inch caliper must be planted on-site.

(3) In the case of new construction, replacement trees shall be installed prior to final inspection of the project. This includes construction of both principal and accessory structures.

(4) Replacement trees must:

(a) Be selected from Table 156.702-1: Tree Mitigation Calculation and have an equal or higher point value than the designated classification of the tree(s) removed;

(b) Be selected in accordance with § 156.585; and

(5) Replacement is not required for removal of invasive species.

(6) Replacement trees shall not conflict with any drainage or utility features or be located within drainage or utility easements.

(D) Tree mitigation calculation. Table 156.702-1: Tree Mitigation Calculation will be used to determine the amount of mitigation required for removal of existing trees.

(1) Quality rating. Many local canopy trees have been grouped by their average quality rating found in July 2005's Southeastern U.S. Tree Species Rating Guide. For species not listed, find the average quality rating for Zone 8 in this guide available through the Southern Chapter of ISA, and compare to the quality rating point range in the table below.

(2) Health rating. Trees are great complex systems with many unique characteristics and health concerns and, therefore, health is categorized broadly.

(a) Good. 100% to 75% live crown ratio. Minimal structural defects.

(b) Fair. 75% to 50% live crown ratio. Minor or tolerable structural defects that can be overcome through arborist intervention.

(c) Declining. Less than 50% live crown ratio. Severe structural defects that would classify it as a hazard tree, including insufficient holding wood.

Table 156.702-1: Tree Mitigation Calculation
Key: min = minimum required \| < = less than
Species Quality Rating	Class/ Points	Species Included (But Not Limited To)	Percent Replacement (min.)1
			Existing Residential 2			Commercial/Other/ New Residential Subdivision 2
			Good	Fair	Declining	Good	Fair	Declining
	I 80-100	Live Oak, Bald Cypress, American Beech, Ginko, American Holly, Southern Magnolia, Sweetbay Magnolia, Tupelo, Chinese Pistache, White Oak, Willow Oak3, Overcup Oak, Chestnut Oak, Eastern Red Cedar3	50	50	25	100	75	50
	II 60-79	Persimmon, Ash species, Hickory species, Tulip Poplar, Sycamore, Swamp White Oak, Scarlet Oak, Southern Red Oak, Shumard Oak, Post Oak, Laurel Oak3, Pecan	50	50	25	75	50	25
	III < 60	Sugarberry3, Hackberry3, Willow species, Water Oak3, Black Cherry, American Elm, Red Maple3	50	25	0	50	25	0
	IV4	Pine species, Sweet Gum, Callary Pear varieties, River Birch, Mimosa, Chinaberry, Chinese Tallow, Camphor tree, White Poplar, Mulberry, Leyland Cypress	0	0	0	0	0	0

1 In the case of a hazard tree, as determined by an ISA TRAQ Certified Arborist, the replacement requirement can be further reduced or eliminated.

2 Approval of an historic tree removal request (>24 inches DBH) may require review by the Board of Zoning Appeals or Design Review Board and have other replacement requirements.

3 Species with adjusted quality ratings that differ from the guide based on local experience and expertise.

4 Species in this category are exempt from the requirements of this section, except that Pine species and Sweet Gum shall be maintained in undisturbed buffers and buffer areas requiring protection of all vegetation of a certain size and may be approved for plantings in such buffers, and Pine species greater than 24 inches DBH are considered historic trees and are protected as such (see § 156.703(D)).

(E) Detached house lots.

(1) On individually platted lots for/with detached house dwellings, the following criteria shall be used to evaluate requests for the removal of historic and significant trees:

(a) The tree location in relation to property boundaries, infrastructure, existing physical features;

(b) The condition of the canopy, overall health, and species;

(d) Whether practical alternatives have been vetted to preserve the tree.

(2) Removal of Category I or II historic trees or pine trees greater than 24 inches DBH classified as ‘good’ or ‘fair’ shall be decided by the Board of Zoning Appeals, except as provided in § 156.704.

(F) Residential sketch plans.

(1) On sketch plans for residential subdivisions requiring approval by the Planning Commission, trees 16 inches and greater are protected.

(2) A minimum of 160 caliper inches of protected trees per developable acre shall be retained on the site. On sketch plans where the undeveloped property has less than this amount of inches existing, caliper inches from planted canopy trees may be used to meet this requirement. Further, each newly platted lot shall have at least one 2.5-inch canopy tree retained or planted on-site, preferably in the front yard.

(3) Developable acreage does not include wetlands, retention ponds, or rights-of-way.

(4) Removal of historic trees requires replacement, as described herein, in excess of 160 caliper-inch minimum.

(5) In general, lots and infrastructure should not be sited so as to require the removal of protected trees 16 inches or greater, whenever possible. However, the Planning Commission may authorize the removal of these protected trees for that purpose at the time of sketch plan approval, when their retention becomes inordinately burdensome in developing the property in a reasonable fashion. The approval for removal shall be judiciously exercised in consideration of the stated intent of this subchapter, and with due consideration of the size, quality, and health rating of individual trees as provided herein. In such cases when the Planning Commission approves removal, the following standards apply:

(a) In the development of a residential subdivision, replacement trees may be located as follows:

1. On homeowners’ association property, if reviewed and approved by the Zoning Administrator. Trees between 2.5 and 16 inches DBH retained on the homeowners' association property can count toward required replacement inches, if surveyed and protected by a recorded covenant agreement; and/or

2. Within the public street right-of-way in accordance with an approved design plan, as provided in § 155.048(F)(21).

(b) Replacement trees shall not conflict with any drainage or utility features or be located within drainage or utility easements.

(c) Mitigation trees shall be selected from Table 156.702-1: Tree Mitigation Calculation. Replacement species shall be equal to or of higher point value than the designated classification of the tree(s) removed.

(d) Prior to final plat approval, mitigation must be accomplished as described above or by providing a cash bond for 200% of the tree replacement cost in accordance with an approved mitigation plan. The cash bond will have a maximum lifespan of two years from the date of issue; afterwards, the town may plant the trees or forfeit the cash bond money into the Tree Bank Fund.

(G) Townhouse, triplex, quadplex, and multiplex developments. For townhouse, triplex, quadplex, and multiplex developments, the following standards apply:

(1) Removal of protected and significant tree(s) may be approved by the Zoning Administrator, if replacement trees are selected from the canopy tree list in § 156.585.

(3) A minimum of 160 caliper inches per acre shall be retained on the site. On parcels with less than this amount, caliper inches from planted canopy trees may be used to meet this requirement.

(4) Removal of historic trees requires replacement, as described herein, in excess of the 160 caliper-inch minimum.

(H) Properties subject to design review. For properties subject to the design review procedure (see Subchapter I, Part 12), the removal of protected, significant, and historic trees is at the discretion of the designated reviewing authority, exercised through the site plan approval process.

(1) However, the project site design shall endeavor to retain protected, significant, and historic trees whenever possible, consistent with the design principles in Subchapter H and effective utilization of the project site.

(2) The removal of protected, significant, and historic trees is not intended to provide maximum utilization of the site area, but rather reasonable use of the site based upon the factors stated above.

(3) In reviewing requests for removal of protected, significant, and historic trees, the designated reviewing authority shall consider tree species, size, and condition, and may require an independent assessment from an ISA certified arborist to assist in the final determination.

(4) In cases where the removal of an historic tree is proposed, the developer of the property shall be able to demonstrate that efforts to preserve the tree(s) were made through site planning and that removal of the tree is necessary to create the best, most cohesive site plan. This information may be used by the DRB in making any decisions regarding the proposed removal of historic tree(s).

(5) A minimum of 160 caliper inches per acre shall be retained on the site. On parcels with less than this amount, caliper inches from planted canopy trees may be used to meet this requirement.

(6) Removal of historic trees requires replacement, as described herein, in excess of 160-caliper-inch minimum.

(I) All other land uses. For other land uses not subject to the design review process, removal of protected, significant, and historic trees is allowed with approval of the Zoning Administrator, if replacement trees are selected from the canopy tree list in § 156.585.

(1) However, the project site design shall endeavor to retain protected, significant, and historic trees whenever possible, consistent with this subchapter’s stated tree protection principles and effective utilization of the project site.

(3) In reviewing requests for removal of protected, significant, and historic trees, the reviewing authority shall consider tree species, size, and condition, and may require an independent assessment from an ISA certified arborist to assist in the final determination.

(4) In cases where the removal of an historic tree is proposed, the developer of the property shall be able to demonstrate that efforts to preserve the tree(s) were made through site planning, and that removal of the tree is necessary to create the best, most cohesive site plan. This information may be used by the reviewing authority in making any decisions regarding the proposed removal of historic tree(s).

(5) A minimum of 160 caliper inches per acre shall be retained on the site. On parcels with less than this amount, caliper inches from planted canopy trees may be used to meet this requirement.

(6) Removal of historic trees shall require replacement, as described herein, in excess of 160-caliper-inch minimum.

(J) Submittal requirements for clearing and grading permit. Table 156.702-2: Submittal Requirements outlines submittal requirements for obtaining a clearing and grading permit.

Table 156.702-2: Submittal Requirements
Key: in. = inches \| X = required \| blank cell = not required
Land Use	DBH Protected	Site Plan	Tree Survey	Replacement Schedule	Construction Plans	Tree Assessment Report	Design Review Appro val	Planning Commission
Single-family and townhouse lots1	16+ in.	X	X	X
Single-family and townhouse subdivisions2	16+ in.	X	X	X	X	X		X
Multi-family	8+ in.	X	X	X	X	X	X4
Commercial	8+ in.	X	X	X	X	X	X
Other land uses3	8+ in.	X	X	X	X	X	X4
1 Submittal requirements may be waived by Zoning Administrator. 2 Detached house and townhouse subdivisions requiring preliminary plat approval fall into this category. 3 This category includes uses such as places of worship; private, semi-private, and public recreation facilities; and government and quasi-government facilities. 4 Only if required by the Board of Zoning Appeals, Planning Commission, or Town Council.

(K) Replacement for trees removed without permission.

(1) Replacement for trees protected by this subchapter that are removed without permission shall be calculated by twice the number of inches removed.

(2) If the DBH inches of the removed tree cannot be determined, replacement shall be based on the stump diameter. Where there is no stump to calculate the diameter of the illegally removed tree, replacement shall be calculated based on the tree having been 24 inches.

(L) Replanting schedule standards. To avoid a monoculture among plantings and to encourage a diversity, at least 50% of the total quantity of replacement trees shall be native species. The required planting diversity is based on the number of replacement trees required.

(1) Five to ten trees. Minimum two types of trees to be planted;

(2) Ten to 20 trees. Minimum four types of trees to be planted;

(3) Twenty to 100 trees. Minimum seven types of trees to be planted;

(4) Greater than 100 trees. Minimum ten types of trees to be planted.

(M) Fee in lieu of replacement trees.

(1) In cases where any or all replacement trees cannot be adequately accommodated on a site, the developer/owner may have the option of paying a fee in lieu of replacement trees to the town. This fee shall be two times the wholesale value per 2.5-inch caliper tree required for mitigation that is not being planted on site.

(2) This money shall be put into the Tree Bank Fund to be used solely for the planting and/or maintaining of trees for the public good, including the placement of utility lines underground.

(3) The Zoning Administrator shall decide whether to accept the fee or require the on-site placement of the trees.

(N) Relocation of a protected tree. Relocation is accomplished by moving the protected tree elsewhere on the land to be developed pursuant to the same development order and under the same ownership. The relocation of a protected tree shall be coordinated with staff and require Zoning Administrator approval of a detailed maintenance plan, as appropriate based upon size of relocated tree.

(O) Inspection of protected, relocated, or replaced trees.

(1) All relocated or replaced trees shall be inspected by the Zoning Administrator one year after their planting to ensure they are surviving in a healthy condition.

(2) Trees planted pursuant to this subchapter that are found to be in declining condition shall be replaced by the owner of the parcel within 30 days of notification from the Zoning Administrator.

(3) If replacement is necessary, there shall be a re-inspection six months after the replacement planting.

(P) Maintenance of protected, relocated, or replaced trees. The owner of the parcel is responsible for the maintenance of all protected, relocated, or replaced trees.

(Ord. passed 1-14-25)

§ 156.703 EXEMPTIONS.

(A) Commercial timber operations.

(1) Commercial timber operations are exempt from this subchapter where management records of timber, in form and content satisfactory to the Zoning Administrator, can be provided. This does not apply to clearing of unmanaged natural woods.

(2) The town encourages and may enforce for the benefit of the public health, safety, or welfare, the retention of a 50-foot buffer of existing trees adjacent to all public rights-of-way on commercial timber operation property.

(B) Wetlands mitigation. The mitigation of wetlands pursuant to a permit or approved plan from, and the requirements of, the South Carolina Department of Environmental Services Bureau of Water or the U.S. Army Corps of Engineers are exempt from this subchapter.

(C) Commercial tree operations. Trees grown specifically for sale by commercial nurseries, while on the nursery site, are exempt from this subchapter.

(D) Class IV trees. Trees categorized as Class IV in Table 156.702-1: Tree Mitigation Calculation are exempt; however, pine trees greater than 24 inches DBH shall be considered historic trees outside of a protected buffer.

(Ord. passed 1-14-25)

§ 156.704 EXCEPTIONS.

(A) Tree conditions.

(1) In the event that any tree is determined to be severely damaged, of inferior quality, or in a hazardous condition or location posing a danger to private property, written authorization may be given by the Zoning Administrator for tree removal with replacement as specified in this subchapter. To assist in making the above-mentioned determination, the Zoning Administrator may require a written assessment by an ISA certified arborist, ISA TRAQ certified arborist, or registered engineer (in situations involving actual or potential structural damage), as applicable, describing the condition of the tree and/or other relevant factors in justification of removal.

(2) Should the Zoning Administrator disagree with the written assessment, they may solicit a second opinion from an ISA certified arborist, ISA TRAQ certified arborist, or registered engineer (in situations involving actual or potential structural damage). The administrative decision of the Zoning Administrator is final, subject to appeal to the Board of Zoning Appeals in accordance with Subchapter I, Part 17.

(B) Emergencies. During the period of an emergency, such as a tornado, hurricane, ice storm, flood, or any other act of nature, Town Council or its assignee may waive the requirements of this subchapter. In such case, the cutting and removal of fallen and severely damaged trees is permitted until such time as Town Council deems it necessary.

(C) Utility, public service, and transportation projects provided for the public good, such as water, sewer, stormwater, roadways, multi-purpose trails, and power installations.

(1) Historic trees. In all instances, attempts should be made to preserve good quality historic trees. If their removal for public projects is unavoidable due to the requirements of the particular project, historic trees may be removed in accordance with the provisions of this subchapter.

(2) Transportation projects. Tree removal or relocation for transportation projects, including the removal or relocation of infrastructure resulting from said transportation projects, sponsored by the town, Charleston County, or the South Carolina Department of Transportation in contravention to the provisions of this subchapter is allowed, if the trees proposed for removal are identified on plans approved by Town Council and the tree removal is necessary to protect the health, safety, and welfare of the public. Replacement is required in accordance with this subchapter.

(3) Aerial power line/buffer impacts; danger trees.

(a) Where protected trees located in a required natural buffer or planted landscaped buffer or otherwise are mutually considered danger trees by the power provider and the Zoning Administrator, their removal request shall be submitted in plan form and may be granted with replacement being required, in accordance with this subchapter, to be planted on the site of the requested tree removal.

(b) Where buffer configuration, aerial power line conditions, or other circumstances or conditions do not permit canopy tree replacement, mitigation may be achieved with one of the following methods:

1. The largest size tree or tall shrubs may be permitted, with replacement calculations based upon nursery standards;

2. An equivalent donation made to the Tree Bank Fund, as determined by Town Council; or

3. As may be approved in accordance with division (C)(5) below.

(c) Where power line maintenance operations cause violation of this subchapter by means such as excessive pruning, based upon pruning standards referenced in § 156.706, the tree may be considered damaged and require removal and replacement. Damage to buffer vegetation as a part of any maintenance activity requires replacement in-kind.

(4) Public projects, maintenance, repair, and installation by the Town of Mount Pleasant and Mount Pleasant Waterworks.

(a) Tree removal for approved projects including town public infrastructure projects and Mount Pleasant Waterworks projects, including protected trees located in a required natural buffer or planted landscaped buffer, is allowed in contravention of the provisions of this subchapter, if:

1. The proposed trees to be removed are identified on project plans approved by the respective governing bodies; and

2. A finding is made by the applicable governing body that the tree removal is necessary to protect the health, safety, and welfare of the public.

(b) Replacement is required in accordance with this subchapter. Where buffer configuration or other conditions or circumstances do not permit canopy tree replacement, mitigation may be achieved with one of the following methods:

1. The largest size tree or tall shrubs may be permitted, with replacement calculations based upon nursery standards;

2. An equivalent donation made to the Tree Bank Fund, as determined by Town Council; or

3. As may be approved in accordance with division (C)(5) below.

(c) Tree removal, canopy pruning, and root pruning of trees within boundaries of existing Town or Mount Pleasant Waterworks infrastructure, easements, and rights-of-way is permitted with approval of the Zoning Administrator, upon receipt of a written request from the Town Director of Public Services, the Town Director of Engineering and Development Services, or the General Manager of Mount Pleasant Waterworks, if the tree is causing damage or interference with operation, maintenance, or rehabilitation of Town or Mount Pleasant Waterworks infrastructure or facilities, and where no other corrective options are determined feasible to protect or access the infrastructure or facilities. The Zoning Administrator may approve removal and/or pruning with replacement required in accordance with this subchapter.

(5) Tree replacement not otherwise specified under this division.

(a) Utility infrastructure providers, including the town and Mount Pleasant Waterworks, may be entitled to a reduction or alteration of mitigation requirements by the Town Administrator should the following conditions be met:

1. A request is made to the Town Administrator in a manner and format acceptable to the Town Administrator;

2. The request is made by a public or private utility company, the town, or Mount Pleasant Waterworks;

3. Tree removal is necessary for the installation or protection of utilities; and

4. Mitigation is required.

(b) The Town Administrator may, at their discretion, elect to reduce or alter mitigation requirements if the alteration or reduction is in the best interests of the public. Reduction or alteration of mitigation requirements shall be based on the value and nature of resources donated to the town by the utility company. Examples of donated resources include, but are not limited to, parks, trails, easements, or storage space. The amount or degree of any reductions or alterations are within the discretion of the Town Administrator.

(Ord. passed 1-14-25)

§ 156.705 TREE PROTECTION ZONES (TPZ).

(A) Minimum tree protection zone.

(1) During the development approval process, a tree protection zone shall be established around all trees to be saved in accordance with this subchapter and erected prior to the start of construction.

(2) The tree protection zone shall consist of a circular area centered around the tree, the radius of which is equal to one foot for each inch of DBH measurement (except as may be modified by division (B) below).

(3) The area within the tree protection zone shall remain free of all building materials, dirt, or other construction materials, debris, vehicles, and development activities, except as allowed by division (C) below.

(4) Impervious surface materials, building foundations, and other subgrade building elements are prohibited within the tree protection zone.

(5) The tree protection zone shall be shown on all site plans, construction plans, sketch plans, preliminary plats, final plats, and subsequent recorded plats.

(6) Such depiction shall also include an explanation in the appropriate "note" section of the documents of the treatments.

(B) Modifications to tree protection zones. In situations where strict adherence to the tree protection zone, as defined above, is impossible or unrealistic (due to site conditions, other town requirements, overlapping tree protection zones, size or shape of a tree, and the like), the PLAN Department, through field determination and consultation, may allow or require modifications to this zone with potential conditions. Particular consideration should be given to the installation of utilities.

(C) Development activities. Development activities within the tree protection zone shall be in accordance with the following procedures:

(1) Grade changes.

(a) Moderate fill may be allowed, upon prior approval of the PLAN Department and with the prior installation of an aeration system.

(b) A decrease in grade is prohibited.

(c) The grade outside the tree protection zone shall be decreased only with the use of approved retaining walls or terracing plans. See Figure 156.705-1: Grade Changes.

(d) Drainage shall be addressed where grade changes occur around trees.

Figure 156.705-1: Grade Changes

(2) Utility installation.

(a) The installation of utilities, by boring and tunneling through the tree protection zone, may be allowed with prior approval. See Figure 156.705-2: Utility Installation.

(b) Trenching is prohibited within the tree protection zone.

Figure 156.705-2: Utility Installation

(D) Protective barricades.

(1) Protective barricades shall be placed at the perimeter of the tree protection zone (see Figure 156.705-3: Protective Barricade) and shall remain in place until construction activities are complete.

(2) Chain link barricades are required in all instances for trees 24 inches and greater (see Figure 156.705-4: Chain Link Protective Barricade).

(3) All tree protection must be accompanied by “Keep Out” or “Tree Protection Area” signs.

Figure 156.705-3: Protective Barricade

Figure 156.705-4: Chain Link Protective Barricade

(E) Passive tree protection for remote areas. Areas remote from active land disturbance shall utilize passive forms of tree protection during development activities.

(1) These areas must be completely surrounded with continuous rope or flagging (heavy mill, minimum two inches wide). See Figure 156.705-5: Passive Tree Protection.

(2) All passive tree protection must be accompanied by "Keep Out" or "Tree Protection Area" signs.

Figure 156.705-5: Passive Tree Protection

(F) Clearing within tree protection zone. Clearing within the tree protection zone is allowed, if it is done by hand tools or gas-powered, push-type or walk-behind equipment designed for brush or undergrowth clearing.

(Ord. passed 1-14-25)

§ 156.706 REMEDIAL PROCEDURES.

(A) Conditions that require remedial procedures.

(1) Remedial site reclamation and tree care procedures shall be implemented when development activities have caused damage to either the tree or the tree's growing site and that damage is repairable.

(2) If encroachment into tree protection zones is anticipated or has happened, the following practices shall be employed to improve survivability.

(B) Canopy pruning.

(1) A tree that has suffered root damage becomes stressed as that root system no longer provides sufficient water and nutrients for the existing crown.

(a) This stress becomes evident with the appearance of "staghorns" or deadwood within the tree's crown.

(b) Once a tree has had construction damage, it is advisable to delay pruning for one to three years until the deadwood becomes evident. Pruning for deadwood removal is then recommended.

(2) The removal of live plant tissue from a construction-damaged tree can accelerate the tree's decline.

(3) Trees that have not been affected by construction activities can be pruned for maintenance of the tree's health, appearance, and safety, utilizing accepted arboricultural practices.

(4) Pruning specifications as provided in the latest version of ANSI A300 shall be used in all pruning cases.

(5) The pruning of specimen trees may be subject to PLAN Department approval.

(6) All cabling work and other structural support supplemental systems shall be installed in accordance with the latest edition of ANSI A300 American National Standard for Tree Care Operations - Trees, Brush, and Other Woody Plant Maintenance - Standard Practices on Support Systems and Cabling.

(7) Any lightning rod protection shall be installed in accordance with ANSI A300 American National Standard for Tree Care Operations - Trees, Brush and Other Woody Plant Maintenance - Standard Practices on Lightning Protection.

(C) Root pruning. All roots outside of the protective barricade to be removed during the development shall be cleanly severed and a two-inch layer of mulch shall be applied over the surface of exposed roots during development.

(D) Fertilization.

(1) Fertilizer applications will enhance the vigor of trees stressed by site disturbances, thereby promoting root development.

(2) Information regarding appropriate fertilizers and application rates may be obtained in the latest edition of ANSI A300 American National Standard for Tree Care Operations - Trees, Brush and Other Woody Plant Maintenance - Standard Practices on Fertilization.

(E) Soil aeration.

(1) A tree's ability for adequate root development, and ultimately its chances for survival, are improved with reclamation of the growing site.

(2) Wherever possible, the soil should be brought back to its natural grade.

(a) Unnecessary fill, compaction, erosion sedimentation, concrete washout, and construction debris should be removed.

(b) When machinery is required for site improvement, it is recommended that a "Bobcat" or similar lightweight, rubber-tired vehicle be used so as to minimize soil compaction.

(3) Compacted soil within the tree protection zone should be aerated (see Figure 156.705-6: Soil Aeration).

(a) A compressed air gun is used to cut narrow trenches in a spoke pattern away from the trunk, to a depth of eight to 12 inches or greater if the soil grade has been raised.

(b) Trenches should begin four to six feet from the trunk to avoid cutting any major support roots and should extend to the dripline.

(c) Trenches are then backfilled with topsoil or compost. The air exchange, nutrient, and water-holding capacities of soils can be improved with soil amendments. This is best accomplished by backfilling with mineral amendments such as perlite, vermiculite, isolite, and the like.

Figure 156.705-6: Soil Aeration

(F) Mulching. A four- to six-inch layer of mulch material, such as pine straw, pine bark, or wood chips, spread within the tree protection zone of trees on construction sites is extremely beneficial.

(Ord. passed 1-14-25)

§ 156.707 IRREPARABLE DAMAGE IN TREE PROTECTION ZONES.

Where the Planning, Land Use, and Neighborhoods (PLAN) Department determines that irreparable damage has occurred to trees within the tree protection zones, the trees must be removed and replaced in accordance with the requirements of § 156.702(K).

(Ord. passed 1-14-25)

§ 156.708 PUBLIC TREES.

(A) Public trees within the town are considered to be a valuable public resource. In order to appropriately care for and maintain these public resources, the town shall create inventories and develop work plans as described in this section.

(B) Maintain a current inventory of all public trees. The inventory data gathered and recorded for each tree shall include, at a minimum, the following informati on:

(1) Location (address or latitude/l ongitude coordinat es);

(2) Tree species;

(3) DBH;

(4) Condition; and

(5) Maintenance needs.

(C) Develop an annual work plan for the management of public trees utilizing the tree inventory information. The work plan shall contain the following plans and schedules:

(1) Tree planting;

(2) New tree maintenance, including mulching, irrigation, and young tree training pruning;

(3) Tree pruning;

(4) Tree mulching; and

(5) Tree removal.

(Ord. passed 1-14-25)

§ 156.709 NOTICE OF VIOLATION AND PENALTY.

(A) If the Zoning Administrator finds that any of the provisions of this subchapter are being violated, they may issue a stop work order and shall, in writing, notify the owner of the property and the general building contractor, if applicable. In order to enforce this subchapter, town staff have the authority to access private property to investigate and make determinations of fact related to this section.

(1) Written notification shall indicate the nature of the violation and the action necessary to correct the violation.

(2) Such remedial action shall be in accordance with §§ 156.700 through 156.707.

(B) The issuance of a clearing and grading permit, tree removal permit, or letter authorizing tree removal, and the failure to substantially erect building improvements within 12 months that has resulted in tree removal without replacement shall be deemed violations of this subchapter. Each tree removed shall be identified as a separate offense.

(C) Notwithstanding the penalties designated above, violation of §§ 156.700 through 156.707, or failure to comply with any of the requirements hereof, shall be classified as a misdemeanor punishable by a maximum $500 fine and/or a maximum of 30 days imprisonment, and/or shall be subject to a civil penalty that shall not exceed $1,000 not including attorney’s fees and costs to collect and enforce the civil penalty including, but not limited to, any proceedings to create a lien on any property owned by the owner of the property for any unpaid civil penalties.

(1) However, no penalty shall exceed the penalty provided by state law for similar offenses.

(2) Each tree removed or destroyed in violation of this subchapter represents a separate offense.

(3) Each day of violation also represents a separate offense.

(4) Any person, firm, organization, society, association, or corporation, or any agent or representative thereof, who commits, participates, or assists in such violation may each be found guilty of a separate offense and be subject to the penalties in this section.

(Ord. passed 1-14-25)

§ 156.710 DEFINITIONS.

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

BOUNDARY TREE. A tree located on a property line and, therefore, jointly owned.

CALIPER. The diameter of the trunk of a proposed, purchased, or newly-planted tree, measured six inches above the ground for trees up to four inches and 12 inches above the ground for trees larger than four inches.

CANOPY TREE. A woody perennial typically capable of achieving heights exceeding 30 feet at maturity.

CONIFER. A tree that produces cones. Typically an evergreen species, although some deciduous species exist.

DAMAGE or ABUSE (to vegetation). Any intentional or negligent act that endangers survivability of a tree or other plant material including, but not limited to, damage inflicted upon the root system of a tree by application of toxic substances, the operation of machinery, the change of natural grade by excavation or filling above the root system or around the trunk of a tree, pruning, damages from injury or fire inflicted on trees that result in or permit pest infestation, or actual cutting of the tree.

DANGER TREE. A live, dead, or structurally compromised tree that could endanger or interfere with an existing aerial power line. This is linked to federal regulations pertaining to transmission power lines, generally equal to or exceeding 100 kV.

DIAMETER BREAST HEIGHT (DBH). The diameter of a tree, measured at breast height (4.5 feet) above the ground. If a tree trunk splits at ground level and does not share a common base, each trunk shall be measured as a separate tree. If a multi-trunk tree splits below the 4.5-foot mark, all trunks six inches or larger in diameter at 4.5 feet shall be measured separately and count as one tree.

DRIP LINE. An imaginary vertical line that extends downward from the outermost branches of a tree to the ground.

EVERGREEN. A plant that keeps its leaves or needles year round for more than one growing season.

HAZARD TREE. A tree identified as a likely source of harm.

HISTORIC TREE. Any tree with diameter breast height (DBH) of 24 inches or larger, with the following exceptions:

(1) Exempt trees, including invasive species, as provided herein; and

(2) For the purpose only of requiring a variance for removal of historic trees or historic tree replacement requirements, non-exempt tree species (with the exception of live oak trees) containing three or more separate trunks are considered a significant tree, subject to the applicable removal and replacement requirements of significant trees. Live oak tree species with a DBH of 24 inches or larger are considered HISTORIC TREES under all circumstances.

INVASIVE EXOTIC. A non-native plant that regularly reproduces in our area and outcompetes native species. These species are not protected by this chapter. Includes the term INVASIVE SPECIES.

ISA CERTIFIED ARBORIST. A professional, certified by the International Society of Arboriculture, who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial, and public landscapes.

ISA TRAQ CERTIFIED ARBORIST. A certified arborist who has completed the International Society of Arboriculture Tree Risk Assessment Qualification program. This qualification promotes the safety of people and property by providing a standardized and systematic process for assessing tree risk.

MITIGATION PLAN. A plan describing the intended mitigation for tree removal. This can include a planting plan, payment based upon mitigation inches required, or a combination of the two.

MITIGATION TREE. See PROTECTED TREE.

PROTECTED TREE. Any tree with a diameter breast height (DBH) of eight inches or greater, and any smaller trees protected through special zones or buffers or as a condition of approval by any of the town’s boards or commissions. This term also includes trees planted as mitigation.

PROTECTIVE BARRICADE. A physical structure at least four feet in height, composed of wood, chain link fencing, or other durable material, limiting access to protected, significant, and historic trees and their tree protection zones (TPZ) during the development process, as more fully defined in § 156.705.

PUBLIC TREE. A tree that grows on town-owned property within the street right-of-way, parks, public facilities, or other town-owned properties.

REPLACEMENT TREE. Any tree that is planted in order to replace an existing tree that has been or will be removed. Replacement trees must be canopy species, have a minimum size of 2.5 inches in caliper, and meet ANSI Standard Z60.1. REPLACEMENT TREE includes the terms MITIGATION TREE and REPLACED TREE.

SHRUB. Typically a woody perennial that does not achieve tree proportions at maturity. Where referenced for requirements, some herbaceous species such as ornamental grasses may be counted to fulfill this requirement where they provide a similar screening purpose.

SIGNIFICANT TREE. Any tree with a diameter breast height (DBH) of 16 inches or larger.

TREE. Any living, self-supporting, woody perennial plant, usually having one dominant trunk and a mature height greater than 16 feet.

TREE ASSESSMENT. Information on a site plan that confirms tree species from the survey critical to the application of this subchapter, grades the conditions of trees to aid in retaining quality trees, identifies invasive exotic species on site for removal, confirms the tree survey is complete, identifies any unique features of trees such as leans or lower canopy heights, identifies trees just off site that may require design considerations, and ultimately makes the designer more aware of the site and its character. This analysis shall be performed by either an ISA certified arborist or a registered South Carolina landscape architect and submitted with all development submittals.

TREE BANK FUND. A special account to be used solely for the beautification of public lands.

TREE REMOVAL PERMIT. A permit issued by the town, after review of a requested tree removal, that defines required mitigation and confers approval to remove the specified tree.

TREE REPLACEMENT SCHEDULE. A plan showing the location, species, and size of all replacement trees; and a table listing removed protected, significant, and historic trees with total replacement caliper inches required.

TREE RISK ASSESSMENT. A systematic process used to identify, analyze, and evaluate tree risk. Performed by an ISA TRAQ certified arborist.

TREE SURVEY. A survey completed by a registered land surveyor showing the location, size, and species of all protected trees, including their tree protection zone. These are required to be no more than one year old for any formal submittals.

UNDERSTORY TREE. A woody perennial with a smaller size at maturity than canopy species, typically with a size between 16 feet and 30 feet at maturity.

(Ord. passed 1-14-25)