A.

Policy Statement: To establish protective regulations for trees and landscaped areas within public lands of the parish. Such areas preserve the ecological balance of the environment, control erosion, sedimentation and stormwater runoff, provide shade and reduce heat and glare, abate noise pollution and buffer incompatible land uses. The intent of this section is to encourage the preservation of existing trees and landscaped areas within public lands of the parish and to protect the general health and welfare of the citizens of the parish.

B.

Definitions:

1.

DBH. The total diameter, in inches, of a tree trunk or trunks measured four and one-half (4½) feet above existing grade.

2.

Historic tree. Any tree which has been registered with the State Historic Preservation Office or is listed on the National Register of Historic Places.

3.

Drip line. A vertical line extending from the outermost portion of the tree canopy to the ground.

4.

Tree. Any living, self-supporting woody or fibrous plant which is considered a conifer, evergreen, deciduous or ornamental.

5.

Grading. The placement, removal, or movement of earth by use of mechanical equipment on a property.

6.

Significant tree. Any species of oak (Quercus) or cypress (Taxodium) which is ten (10) inches dbh or greater in size or any other tree which measures twenty-four (24) inches dbh or greater.

7.

Buildable area. The portion of a lot which is not located within any minimum required yard as specified in the St. Charles Parish Zoning Ordinance; i.e., that portion of a lot wherein a building may be located.

C.

General Preservation Standards.

1.

Scope. The terms and provisions of this section shall apply to any activity on public property which requires the issuance of a certificate of zoning compliance within St. Charles Parish.

2.

Exemptions. The provisions shall not apply to development activities located on private property within St. Charles Parish.

All existing implied, historic, predial and other drainage servitudes and easements either local or otherwise in accordance with all applicable state statutes shall be exempt from the requirements of this ordinance.

3.

Exceptions. The requirements of this section shall be followed except:

a.

During a period of emergency, such as a hurricane, tornado, flood or any other such act of nature; or

b.

If the failure to remove a tree would constitute an imminent danger to the environment, property, utilities, public health, safety or welfare due to the hazardous or dangerous condition of such tree (including diseased trees); such removal shall be reported to the Director of Planning and Zoning within three (3) days; or

c.

A vehicular traffic hazard is created by a tree so as to obstruct the view of an intersection or roadway; or

d.

The tree is required to be removed by any local, state, or federal law.

D.

Preservation Specifications.

1.

Minimum size requirements. No one shall remove or cause the removal of any species of oak (Quercus) or cypress (Taxodium) which is ten (10) inches dbh or greater in size or any other tree which measures twenty-four (24) inches dbh or greater without receiving proper approval from the Department of Planning & Zoning.

2.

Historic trees. No one shall remove or cause the removal of any historic tree without receiving proper approval from the Department of Planning & Zoning.

3.

Public trees. Generally, it shall be unlawful for any person to cut down or otherwise destroy, damage, or deface any tree, or to knowingly or maliciously jeopardize the health, longevity, or lifespan of any tree growing on public land within the parish (without approval) by any means.

4.

Protective measures during construction. No construction or construction-related activities will occur within the dripline of a historic or significant tree. Construction activities include but are not limited to: storage of materials, grade changes, attachment of guy wires to or around tree trunks or limbs, and other activities as determined by the Director of Planning and Zoning. The Public Agency or its designated contractor shall agree to enclose the entire dripline/canopy area within a simple fence, rope barrier or similar barrier. In all cases where a fence or other barrier is to be used around a protected tree, the fence or barrier erected shall be installed prior to commencement of any development on the site and shall remain in place throughout the construction period.

5.

Alternate methods of tree preservation.

a.

The Director of Planning and Zoning shall examine the feasibility of moving all or part of the planned development out of the dripline of a historic or significant tree or at least farther away from the tree.

b.

Because erosion and sedimentation around trees can be caused by ground clearing for site development, the Director of Planning and Zoning may recommend erosion control measures around protected trees or other areas appropriate for protection of the tree (i.e., retaining wall, tree well, etc.).

c.

If trenching for utilities is proposed within the dripline of the tree, the Director of Planning and Zoning may ask the Public Agency or its designated contractor to consider tunneling the utilities beneath the tree roots in order to preserve many of the important feeder roots.

d.

Alternate routes for infrastructure (roads, drainage, sewer lines, etc.) should be sought by a Public Agency or its designated contractor if historic or significant trees will be adversely impacted by the location of such facilities.

e.

If a stand of historic or significant trees will be adversely impacted by the location of facilities on public property, the area should be considered for preservation through median or landscape location or designation of recreational space.

f.

Tree relocation or replacement shall be considered by the Public Agency or its designated contractor if historic or significant trees are unavoidably or accidentally damaged or destroyed and if the tree can be feasibly moved to an alternate location on the site without causing further tree damage.

E.

Administration.

1.

Enforcement of ordinance. The Planning Director, through the Department of Planning and Zoning, shall enforce this ordinance. Appeals from these decisions may be taken to the Zoning Board of Adjustments (See Section XII).

2.

Enforcement procedure.

a.

Prior to development, the Public Agency or its designated contractor shall submit to the Department of Planning and Zoning, a site survey which inventories all historic and significant trees as well as other trees which the agency wants to preserve. The plan may depict the general location of the subject trees.

b.

The Department of Planning and Zoning shall review the survey and recommend appropriate action. The public agency shall make a reasonable effort to retain historic and significant trees on the site which are located inside of the buildable area.

c.

During installation of the required infrastructure, the Department of Planning and Zoning may make inspections to verify that protective measures as well as any other conditions of approval are adequately being observed.

F.

Penalty Provisions.

1.

Violation of Requirements. Violation of any provision of this ordinance shall be punishable by a fine which is consistent with the St. Charles Parish Code. Each and every tree, as defined by this section, that is damaged, defaced, destroyed or removed in violation of this section shall constitute a separate and distinct violation.

2.

Maintenance of preserved trees. The Public Agency shall be considered in violation of this section if the trees to be preserved, relocated or replaced are not maintained in a healthy condition for a period of one (1) year.

3.

Violation correction period. Upon notification of the violation, the property owner shall have thirty (30) days with which to correct the violation.

G.

Severability. If any section, subsection, sentence, clause, word, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining portion of this ordinance.

(Ord. No. 94-9-17, § I, 9-19-94)