The purpose of this chapter is to ensure a reasonable control over the clearing of trees and wood vegetation inside the city limits of Southaven. It shall emphasize on the protection and preservation of existing hardwood trees and their root systems, especially on the front, side and rear of parcels subject to development, the planting of new trees and establishment of procedures, regulations and minimum standards for fulfilling these purposes.

(Res. of 11-17-09(1))

Diameter at breast height (DBH). The measurement at above four and one-half (4.5) feet above grade. Used to measure all existing trees.

Caliper diameter of a tree trunk. Caliper is used to determine the minimum size of trees planted to fulfill this chapter. For trees less than four (4) inches in diameter, it is measured six (6) inches above the ground. For tree between four (4) inches and twelve (12) inches in diameter, it is measured twelve (12) inches above the ground.

(Res. of 11-17-09(1))

(a)

Exempt. The following are to be deemed exempted to any tree removal permits or tree survey submittal:

(1)

Where the tree removal is proposed on a residential parcel of land, not platted, with an existing dwelling unit currently being occupied and which is five (5) acres or less in size.

(2)

Where the tree removal is proposed on any residential lot one (1) acre in size or less.

(3)

Where the property is zoned agricultural and if proposed for development is proposed to remain under the guidelines and zoning classification of agricultural.

(4)

Any parcel of land deemed to be located in the USDA Conservation Reserve Program, shall not require a tree survey or a tree removal permit; however, intent of removal shall be submitted by the proper authorities and/or their representatives to the office of development.

(5)

Trees injured or destroyed during acts of God.

Any other conditions not set forth in the above stated exemptions, shall be considered nonexempt from any requirements of chapter 11, Tree Removal Requirements.

(b)

Tree removal. The following are general requirements for tree removal processes in the City of Southaven:

(1)

The owner/developer must file intent of removal application with the office of development before any tree removal commences on the property, not included in the exempt list above; intent of removal shall be submitted by the developer no more than forty-five (45) days and no less than fourteen (14) days before the removal of any existing trees. This intent does not give any stated rights of removal and is utilized as the initial reviewing process for staff.

(2)

The owner/developer must submit a tree survey identifying all hardwood trees on-site larger than two-inch-caliper to the office of development, in cases where there:

a.

Obvious tree lines are visible on-site;

b.

The site contains more than one (1) acre;

c.

The site is zoned nonagriculturally;

d.

At the direct request of the governing authority.

(3)

The owner/developer shall pay all required fees established by the City of Southaven and received all necessary permits required;

(c)

Replacement requirements. Any existing trees that are removed from a parcel of land, after obtaining city approval, which exceeds the allowed limits set forth in Table A of this chapter, shall be replaced with live trees having no less than a three and one-half-inch caliper each. A ratio of 2:1 shall be required dependent upon the species and size of the proposed replacement trees, which are listed in Table B of this chapter. A 1:1 ratio may be utilized in place of the required 2:1 ratio if the trees proposed to replace greatly exceed the required three and one-half (3½) inches; the 1:1 request must be approved administratively in the office of planning and development.

(d)

Tree bank alternative. The office of development may determine that the proposed parcel of land does not provide adequate space for replanting, or the soil types, topography or other natural conflicts would not be suitable for the future growth of newly planted trees, in which the developer would be required to contribute equitable funds to an approved city tree bank. The contribution shall be the amount of money equal to the cost of providing the required replacement trees on-site, with a cost to be determined by the governing authority. This alternative must be submitted and approved by the office of development and cannot be used as an alternative option for site planting requirements on those parcels deemed capable for the required planting.

(e)

Tree bank administration. The office of development shall distribute all funds contributed to the tree bank with the approval of the governing authority. These funds shall be used for planting public trees to enhance the aesthetics of specified areas and/or may be used in the preservation of existing public trees.

(e)

Inspection process. Once a removal application has been approved and the replacement design has been submitted and approved, the developer must contact the office of development for an on-site inspection during plant or replant procedures. Once the on-site inspection has been completed, the developer will received written notification by the office of development, which shall allow final occupancy to be determined and approved by the building official. No occupancy shall be granted without this notification.

(Res. of 11-17-09(1))

(a)

All trees located within the proposed development areas that are designated to be preserved shall be protected during the entire development process by a barrier or temporary fencing at least three (3) feet in height. The enclosure shall encompass the area from the trunk to ten (10) feet out on all sides. No construction materials, waste products, moved or relocated dirt/soil, or debris from construction shall be placed inside this barrier, nor shall any equipment or construction vehicle be allowed inside this area.

(b)

An equitable owner of the property shall maintain all tree planting and preservation requirements for one (1) year after certificate of occupancy. Failure to maintain will subject said owner to fines associated with the development.

(Res. of 11-17-09(1))

Unless the office of development grants an extension of the tree removal permit, the permit shall expire and become void if the work authorized has not commenced within twelve (12) months after the date of permit.

(Res. of 11-17-09(1))

(a)

The office of development shall enforce regulations concerning this title and if any person, firm or entity engaged in a tree removal process that is not in compliance with this title, the office of development may issue a citation or stop work order on the site and/or require payment of fines as stated below:

(b)

The above-stated fines may be used as estimated cost for tree bank payments in lieu of plantings by approval of the office of development. If for any reason the development is found to be out of compliance, the building department and/or the office of development can issue a stop work order, withhold final inspections or withhold certificates of occupancy for any development not in compliance with this title and without proper permits or surveys if required.

(Res. of 11-17-09(1))

Table A. Acceptable Replacement Trees

Table B. Unacceptable Replacement Trees

(Res. of 11-17-09(1))

The purpose of this section is to ensure and establish a volunteer board to be named the tree board, which will aid the office of planning and development in further regulating the removal and replanting of trees within the city limits of Southaven.

(1)

Creation and establishment of a city tree board. There is hereby created and established a city tree board for the City of Southaven, Mississippi, which shall consist of seven (7) volunteer members and one (1) city alderman representative chosen by the mayor and confirmed by the board of alderman.

(2)

Term of office. The term of the eight (8) persons to be appointed by the mayor shall be three (3) years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.

(3)

Compensation. Members of the board shall serve in a voluntary manner and will do so without compensation.

(4)

Duties and responsibilities. It shall be the responsibility of the board to study, investigate and council the office of planning and development with developing a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public areas. Such a plan will be presented to the board of alderman and upon its acceptance and approval shall constitute the official comprehensive tree plan for the City of Southaven, Mississippi. The board shall review annually and update if needed the comprehensive tree plan. The board, when requested by the board of alderman, shall consider, investigate, make findings, report and recommend upon any special matter of question within the scope of its work.

(5)

Operation. The board shall elect by a majority vote all officers, and keep a running journal of its proceedings, while abiding by any and all city adopted procedures.

(6)

Review by the board of alderman. The board of alderman shall reserve the right to review the conduct, acts and decisions of the city tree board.

(Res. of 11-17-09(2))