[The criteria concerning landscaping regulations are as follows:]

A.

Intent and objectives:

1.

The intent of this chapter [section XIII] is to improve the appearance of properties and parking areas; to protect, preserve, and promote aesthetic appeal; to promote public health and safety through the reduction of noise pollution, air pollution, and visual pollution.

2.

Landscaping includes not only trees, shrubbery, grass and ground cover, but also such streetscaping as open paving stones, benches, fountains, and exterior light fixtures.

3.

Any existing natural landscape character shall be preserved whenever possible. Preservation of trees and other landscaping is the goal, rather than destruction of existing trees or plant life. The planting of vegetation common to the immediate environment is required to ensure proper plant life development and maturation.

4.

The landscaping ordinance [section XIV] is an affirmative action ordinance in that it is designed to improve the appearance of any and all properties and parking areas.

B.

Jurisdiction: The requirements of this chapter [section XIV] shall apply to all land within the corporate limits of the City of York.

C.

Applicability:

1.

Section XIV is not applicable to the following types of development:

a.

Owner-built, occupied-upon-completion, single-family residences

b.

Pre-existing buildings and properties that have not changed in use or ownership

2.

The provisions of section XIV are applicable to all types of new development, as well as existing properties that have changed in use or ownership. For multiple-tenant properties, each tenant space shall be responsible for a proportionate share of landscaping on the property. Such property uses include, but are not limited to:

a.

Businesses.

b.

Rental properties.

c.

Residential properties converted into commercial uses.

d.

Single-family residences or apartments not built to be occupied by owners.

e.

Entrances to subdivisions.

f.

Parking areas.

g.

Any alteration of any lot or structure.

h.

For clearing of wooded property, see subsection N [of this section XIV].

3.

Section XIV does not permit pre-existing developed properties to destroy or dig up any existing landscaping and, further, prevents the destruction of any trees or plant life currently upon the premise without a replacement or substitute landscaping plan that meets the approval of the City of York.

4.

The City of York Historical Commission shall have review authority on all development within the designated historic district.

5.

Where a conflict between this section [section XIV] and another section of the city code exists, the provisions of section XIV shall apply.

D.

Application procedure:

1.

Formal application for a landscaping plan shall be submitted before or at the same time as a building permit application. All applications for landscaping plans shall be reviewed and a decision rendered in writing by city staff. Alteration, clearing, cutting, or physical work shall not occur until the landscaping plan and building permit have been approved by the city.

2.

All landscaping shall be installed according to the approved plan. Unless an extension is given for approved reasons, all landscaping shall be in place according to the plan prior to the issuance of a certificate of occupancy.

E.

Application requirements: The landscaping plan application shall include the following:

1.

A site plan (drawn to an appropriate scale) that depicts the following:

a.

The location and size of all proposed structures or improvements and landscaping materials, including botanical and common names.

b.

The method of conserving trees that have a diameter of six inches or more, measured 12 inches from the ground.

c.

Total site area.

d.

Total parking area.

e.

Landscaped area required and provided for in the project.

f.

Number of trees required and provided for in the project.

g.

Buffer zone plan.

h.

Irrigation plan, if proposed.

i.

Driveways and curbcut requirements.

j.

Percent of impervious area.

k.

Stormwater runoff prevention plan.

l.

Location of trash receptacles and dumpsters.

2.

Any information deemed necessary by the applicant, city staff, or other city entity.

F.

Parking lot interior landscaping requirements:

1.

For parking lots with 100 or more parking spaces, landscaped areas shall be installed as follows:

a.

At the end of each row of parking spaces, so that each row is separated from internal driveways (each landscaped area shall be a minimum of six feet wide).

b.

The number of continuous parking spaces in a row not interrupted by a landscaped area shall not average more than 12 feet over the entire parking lot and shall not be greater than 16 [feet] in any one place. Each landscaped area shall be a minimum of six feet wide by 20 feet long.

c.

A landscaped median shall be installed between adjacent rows of parking spaces as follows:

(1)

At least 50 percent of the parking spaces shall have a median that is at least six feet wide, or

(2)

At least 75 percent of the parking spaces shall have a median that is at least three feet wide.

d.

A minimum of one tree shall be planted per 120 square feet of landscaped area.

e.

Shrub coverage in the landscaped areas shall be at least 33 percent.

f.

Any one-site driveway leading to a parking area but not providing direct access to parking spaces within that parking area shall be separated from the parking area by a landscaped median with a minimum width of three feet and a minimum shrub coverage of 33 percent. All driveways shall be provided with landscaping that meets the approval of staff.

g.

At a minimum, five percent of the parking lot shall be landscaped and one tree for every ten parking spaces or fraction thereof shall be provided.

h.

All landscaping areas shall be planted directly in the ground; i.e., planting on top of paved or gravel surfaces is prohibited.

i.

Wheel stops or curbing shall be provided in all parking facilities to protect landscaped areas.

j.

No parking space shall be farther than 50 feet from the trunk of a tree.

2.

For parking lots with fewer than 100 parking spaces, landscaping shall be provided as follows:

a.

At a minimum, five percent of the parking lot shall be landscaped and one tree for every ten parking spaces or fraction thereof shall be provided.

b.

All landscaping areas shall be planted directly in the ground; i.e., planting on top of paved or gravel surfaces is prohibited.

c.

Wheel stops or curbing shall be provided in all parking facilities to protect landscaped areas.

d.

No parking space shall be farther than 50 feet from the trunk of a tree.

e.

At the site plan review stage, city staff and planning commission may require the inclusion of one or more elements contained in F.1.a. through F.1.f. [of this section XIV].

G.

Parking lot perimeter landscaping requirements:

1.

Shrubs planted a maximum of four feet on center shall be planted around the perimeter of the parking lot.

2.

Properties having a street frontage in Gateway Corridor A shall provide trees a maximum of 30 feet on center along such street frontage. The exact location and species of such trees shall meet the approval of staff and the planning commission. Gateway Corridor A is delineated on the official zoning map.

H.

Buffer zones:

1.

The amount of land and the type of planting specified for each buffer zone required by this chapter are designed to limit possible nuisances between adjacent land uses or between a land use and a public road. The planting units required of buffer zones should be calculated to ensure that they do, in fact, function to "buffer."

2.

A bufferyard shall be installed along each applicable side or rear property line. The side bufferyard shall extend from the front public right-of-way to the furthermost rear property line. The rear bufferyard shall extend between the furthermost side property lines.

3.

A bufferyard shall be installed by the developer along or in close proximity to the property line as follows:

a.

Proposed commercial adjacent to established residential, type A or B.

b.

Proposed industrial adjacent to established residential, type A or B.

c.

Proposed commercial adjacent to established industrial, type A or B or C.

d.

Proposed industrial adjacent to established commercial, type A or B or C.

e.

Proposed multifamily residential adjacent to established house or duplex, type A or B.

f.

Proposed multifamily residential adjacent to established commercial, type A or B.

g.

Proposed multifamily residential adjacent to established industrial, type A or B.

4.

For each 100 feet of bufferyard, one of the following combinations (at a minimum) shall be provided:

Type A. A berm and/or brick or textured block wall that is a minimum of six feet tall. If a brick or textured block wall is used, it must be placed a minimum of six feet from any property line. An evergreen shrub row (planted a maximum of three feet on center) shall be planted along each side of the brick or block wall or at the peak of the berm (if the berm is used alone). When a block/brick wall is used, it is preferable (but not required) to plant evergreen trees in the bufferyard as well.

Type B. Forty evergreen trees planted six feet apart with adjacent rows staggered to maximize the screening effect.

Type C. Four canopy trees, eight understory trees, and 30 evergreen shrubs.

For dimensions other than 100 feet, an appropriate ratio of landscaping components shall be provided. Fractions shall be rounded to the nearest whole number. For options E.2.b. and E.2.c. above, a minimum six-foot-tall privacy fence shall be installed along each applicable property line on the commercial side of the aforementioned landscaping components. The fence may be removed with City of York approval, once the aforementioned landscaping components reach a size adequate to serve as a bufferyard.

5.

The bufferyard shall have a minimum width of ten feet for options listed in E.2.a. above, 15 feet for option E.2.b., and 18 feet for options listed in E.2.c.

I.

Screening of garbage containers: All dumpsters, whether side, rear, or front loading, shall be screened on three sides by a brick or textured-block wall or a wood slat fence comprised of four-inch-wide slats set no farther than one inch apart. For front or top loading dumpsters, there will be a minimum of 18 inches clearance between the dumpster and the fence on each side and on the back. For side loading dumpsters, there will be a minimum of three feet clearance between the dumpster and the fence on each side and a minimum of 18 inches clearance in back. As much as practical, the dumpster shall be located to the rear of the property.

J.

Landscaping at driveways, curbcuts, and intersections:

1.

The "sight triangle" shall be measured in the following manner: Determine the midpoint of the driveway aisle at the intersection with the street. From that point, measure ten feet inwards to the property and 20 feet in both directions along the street.

2.

The "sight triangle" shall be maintained at all driveways, curbcuts and intersections, except where approved by the planning commission. No plant materials, signage, or any other obstruction shall interfere with an individual's vehicular sight line. Plant materials shall not exceed 30 inches in height at maturity.

3.

Landscaping shall be provided around freestanding signs and at the entrances to commercial, industrial, and residential developments. A landscaping plan shall be approved by staff prior to the installation of landscaping.

K.

Landscaping maintenance of commercial property: After installation, all landscaping shall be maintained in healthy growing condition and be free of debris and dead vegetation. Maintenance shall include replacement of dead plant life, regular watering, weeding and fertilizing on a regular basis. Failure to maintain the landscaping plan shall be a violation of this chapter [section XIV] and may result in the imposing of penalties as set forth in this chapter [section XIV].

L.

Irrigation:

1.

An irrigation system is required for projects that have 200 or more parking spaces and is recommended for all projects.

2.

Irrigation plans shall be submitted for staff review for compliance with city codes and shall show location, size and type of sprinkler heads and whether the system is automatic or manual.

3.

Irrigation systems shall minimize spray onto any pedestrian/vehicular access or abutting property.

4.

Water preservation should be considered in the design of any irrigation system.

M.

Plant material:

1.

No artificial plant life or facsimile shall be permitted.

2.

The landscaping components shall meet the following minimum sizing requirements:

3.

Tables XIII-1, XIII-2, and XIII-3 provide evergreen tree, shrub, and deciduous tree types respectively that are approved for planting within the city limits of York.

N.

Cutting of trees:

1.

It shall be a violation of the provisions of this chapter [section XIV] to cut or remove any tree with a diameter of six inches or greater, measured 12 inches from the ground without first obtaining a permit for such cutting and clearing. The permit may be obtained from the planning department. No cutting of larger trees shall begin until review of the landscaping plans has been completed.

2.

Clear cutting of trees and natural vegetation occupying a bufferyard shall be prohibited unless a permit for clearcutting has been issued. All trees six inches or more in diameter, measured 12 inches from the ground, shall be retained, and the bufferyard shall remain in its natural state to the extent that the natural vegetation provides equal or better buffering than the requirements of this chapter. The removal of any vegetation exceeding six inches or more in diameter must be approved by the planning department.

O.

Fencing:

1.

As used herein shall refer to any manner of enclosing, screening, or buffering any property.

2.

Any proposed fencing shall comply with the following:

a.

A real property exterior may be enclosed only with materials that are normally used for fencing purposes in this area of the state, such as and similar to, but not limited to, wood, metal, aluminum, vinyl or PVC type material, as well as planted buffers, so long as the proposed fence or buffer complies with all pertinent city regulations. The fencing materials and buffers shall be maintained properly.

b.

The erection and use, whether temporarily or permanently, of any "tarp" style fencing or buffer or similar barrier is specifically prohibited and shall not be allowed at any time or under any circumstances. Any existing nonconforming materials shall be removed forthwith.

c.

Such fencing shall be affixed directly to the real property.

d.

In the area forward of the rear wall of the house and bounded by the side property lines and the street rights-of-way, the following requirements shall apply:

1.

Privacy fencing is not allowed; and

2.

Ornate fencing shall not exceed 32 inches in height.

e.

In the rear yard of the property, the following requirements shall apply:

1.

Privacy fencing shall not exceed six feet in height; and

2.

Privacy fences shall not have an unfinished side facing outward from the property under any circumstances.

f.

For corner lots, privacy fencing shall have a minimum side setback of ten feet from the street right-of-way.

g.

Privacy fencing is defined as a screening method that obscures clear view of the property, and such privacy fencing shall not be allowed on a vacant lot that is zoned residential.

h.

Any non-conforming properties or fencing shall be removed by the property owner within 180 days of the effective day of this ordinance to the extent that no such fencing shall be allowed to exist either in a manner that is roughly parallel to, or fronting upon, any public road or within 50 feet of the road right-of-way of any such public road. Violation of same shall be enforceable by the full authority of the City of York, including the right of mandatory intervention and removal, with all costs of same to be a burden upon the property owner by filing of a notice of lien for same.

P.

Public tree regulations:

1.

Intent and objectives.

a.

It is the purpose of this section to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of public trees, and the abatement of certain public nuisances within the city.

b.

It is the intent of the city council that the terms of this section shall be construed as to promote:

1)

The planting, maintenance, restoration, protection and survival of desirable public trees, shrubs and other woody plants in accordance with the standard of the urban forestry program.

2)

The protection of community residents from personal injury and property damage, and the protection of the city from property damage, caused or threatened by damaged, diseased or hazardous trees or by the improper or indiscriminate planting, alteration, treatment or removal of public trees.

2.

Applicability. The provisions of this section shall apply to public trees and trees which constitute a public nuisance within the corporate limits of the city.

3.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alteration. The removal of any part or portion of any tree, shrub or other woody plant, including but not limited to any stem, trunk, limb, branch, twig, leaf, bark or root.

Commission. Tree commission of the city.

City-owned property. Property within the city limits that is:

1.

Owned by the city in fee simple absolute; or

2.

Implicitly or expressly dedicated for public use, accepted and maintained by the city.

Dripline. A vertical line extending from the outermost edge of the crown of a tree straight down through the surface of the ground beneath the tree.

Planning director. The actual individual, or his agent, appointed to administer the provisions of this section.

Property owner. The owner of record or contract purchaser of any parcel of land.

Public tree. Any street tree, or any tree originating on city-owned property.

Street tree. Any tree, shrub or other woody plant growing within the city limits and originating within the current right-of-way of a public roadway or trees hanging over street right-of-way, sidewalks, etc.

Treatment. The application, introduction or installation of any substance or material to any tree, shrub or other woody plant, either by direct application to the tree or by application to the soil or roots, including but not limited to fertilizers, other elemental nutrients, pesticides, growth-inhibiting agents, soaps, oils, chemicals, cabled or threaded bolt or other type of support systems, lightning protection systems or cavity fillers.

Urban forest management plan. A written plan, developed and maintained by the planning director and the tree commission, which prescribes a program of systematic management for the city's public trees.

Urban forestry program. All of those city resources, time and efforts directed toward the development and maintenance of a safe, healthy, aesthetically pleasing and fully stocked population of public trees.

Woody plant. Any vascular plat that has a perennial woody stem—that is, one that supports continuous growth above ground from year to year.

4.

Jurisdiction.

a.

The requirements of this section shall apply to all land within the corporate limits of the city.

b.

Authority of the planning director.

1)

Exclusive jurisdiction and supervision over all public trees. This shall not be construed as to relieve any person of such person's duties or responsibilities under this section.

2)

Supervision of all work performed under any permit or contract issued under this section.

3)

The authority to seek the abatement of public nuisances as described in subsection P.9.d.

4)

The authority to institute the recovery of damages for injured public trees as described in subsection P.8.a.

It shall be unlawful for any person to hinder, prevent, delay or interfere with the planning director or his agent while engaged in the lawful execution or enforcement of this section. This shall not be construed as an attempt to prohibit the pursuit of any legal or equitable remedy in a court of competent jurisdiction for the protection of personal or property rights by any property owner within the city.

c.

Duties of the planning director.

1)

With the assistance of the tree commission, develop and maintain the urban forestry program.

2)

Issue such permits as are required by this section.

3)

Have the right to inspect all work performed pursuant to such permits, to revoke permits in cases of noncompliance, and to enforce the provisions of subsection P.7.

5.

Tree commission.

a.

Established. The City of York Tree Commission is hereby established.

b.

Composition; appointment of members.

1)

The tree commission shall be composed of up to five members appointed by the city council in accordance with standard city procedures regarding boards and commissions.

2)

Members appointed by the city council shall serve three-year terms staggered such that no more than two member terms expire in the same year.

3)

Members shall be residents of the city or have a special interest in the city.

c.

Duties.

1)

The tree commission shall adopt rules of procedure for regular and special meetings to fulfill its obligations under this section. These rules shall be set forth in the bylaws promulgated by the tree commission.

2)

The tree commission shall advise the city council based on an annual reevaluation of experience under this section.

3)

The tree commission shall provide leadership in the development of understanding of the objectives and methods of the urban forestry program, and shall assist the planning director in the development and maintenance of the urban forestry management plan and the urban forest management plan.

6.

Duties of private owners. It shall be the duty of any person planting or growing a public tree to:

a.

Place no tree so as to be, in the opinion of the planning director, a traffic hazard or an interference with overhead or underground public utilities.

b.

Prune trees so as not to cause a hazard and so that the minimum clearance of any overhanging portion is eight feet above any sidewalk and 14 feet above any street.

c.

Comply with the permit required in public trees, subsection O.7.

d.

Treat, alter or remove any tree so diseased or insect-infested as to constitute a hazard to other trees or plants.

7.

Permit requirements for actions affecting public trees.

a.

Actions requiring permit. It shall be unlawful for any person except the planning director, an agent of the planning director, or a contractor under the jurisdiction and supervision of the planning director to perform any of the following acts or contract with another person to perform any of the following acts without first obtaining a permit, except as otherwise provided in this section:

1)

Remove, alter or treat any public tree.

2)

Plant or transplant any public tree.

3)

Attach any sign, poster or any other manmade object to any public tree.

4)

Tunnel or trench on city-owned property within ten feet of the base of any public tree. This provision shall not be construed to apply where tree roots do not ordinarily exist under previously established and properly paved surface.

5)

Within the dripline of a public tree, stockpile soil or other material, operate heavy equipment or machinery, change the soil grade, or engage in any other activity which damages tree roots, compacts soil or otherwise impedes the normal biological functions of tree roots for a period of time sufficient to cause a decline in tree health, vigor or structural integrity.

b.

Issuance. The planning director shall issue or deny in writing a permit to perform any of the acts for which a permit is required. A permit shall be issued whenever all the following conditions are met:

1)

The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this section and the regulations and standards of the urban forestry management plan.

2)

An application has been signed by the applicant and submitted to the planning director detailing the location, number, size and species of trees, shrubs or other woody plants that will be affected by such acts, setting forth the purpose of such acts and the methods to be used, and presenting any additional information that the planning director may find reasonably necessary.

3)

Such acts are not inconsistent with any regulations or standards of the urban forestry management plan.

c.

Liability for violations. The person performing the work and the person contracting for the performance shall be jointly and severally liable for any penalties or other enforcement action imposed pursuant to this section or other provisions of law on account of work performed in violation of this section.

d.

Compliance with enforcement. If the work performed pursuant to such permit is not in compliance with the requirements of this section or with the regulations and specifications of the urban forestry management plan, the planning director shall provide written notice to the permit applicant by personal delivery or mail. Such notice shall be sufficient if served by any method permitted by rule 4, South Carolina Rules of Civil Procedure, for the service of civil process. The notice shall contain a copy of these provisions, and an estimate of the cost to correct such noncomplying work, and:

1)

The permit shall thereafter be nullified and shall be void;

2)

The planning director may issue a written order that the permit applicant cease and desist all work for which the permit was required;

3)

The permit applicant shall be subject to penalty under the terms of this section; and

4)

The planning director may take steps necessary to correct the results of the non-complying work, and the reasonable cost of such shall be charged to the permit applicant. Such costs shall be collected in the manner described in section 9.d.3.

e.

Public utility right-of-way maintenance; roadway construction and right-of-way maintenance.

1)

Public utilities and persons who install or maintain public utilities, including their agents and contractors, shall comply with the regulations and standards of the urban forestry management plan and the provisions of this section when performing work that affects public trees within the corporate limits of the city or within the jurisdiction of this section. Permits for routine pruning and trenching shall be applied for on an annual basis; provided, however, that a permit shall be implicit for contracted or in-house tree crews under the supervision of the planning director, so long as their work is performed in accordance with the provisions of this section and the regulations and standards of the urban forestry management plan.

2)

Persons who construct or maintain public roadways, including their agents and contractors, shall comply with the regulations and standards of the urban forestry management plan and the provisions of this section when performing work that affects public trees within the corporate limits of the city or within the jurisdiction of this section. Permits for routine pruning and trenching shall be applied for on an annual basis.

3)

Failure to comply with the regulations and standards of the urban forestry management plan shall be unlawful except under the following conditions: In lieu of strict compliance with the regulations and standards of the urban forestry management plan, a set of written specifications for pruning and trenching operations may be submitted for approval by the planning director. Upon approval of these specifications, a permit shall be issued, effective for the remainder of the year, for routine pruning and trenching operations affecting public trees.

4)

Permits for removal of public trees shall be handled on an individual basis.

In the event of minor emergencies which necessitate the alteration of public trees in order to safely repair dangerously damaged or malfunctioning public utilities, the requirement of a permit is temporarily waived until public safety has been restored. The utility shall then provide the planning director with sufficient information to make a complete report of the pruning or removal of all public trees which were altered as a result of such emergency.

8.

Injuring public trees.

a.

Liability for damages. Persons who cause injury to any public tree shall be liable for the cost of tree damages, including assessment, repair or replacement of the damaged tree.

b.

Vandalism. It shall be unlawful to vandalize any public tree. This provision shall be construed to include theft of public trees.

c.

Harmful attachments. It shall be unlawful for any person to attach or cause to be attached any wire, nail, sign, poster or other object to any public tree without a permit.

9.

Nuisance trees.

a.

Duty of property owners to maintain trees. It shall be the responsibility of every property owner or occupant to maintain the trees, shrubs and other woody plants on the owner's property in a safe and healthy manner, and to keep trees properly pruned and trimmed so as to avoid hazards to persons, property and other vegetation.

b.

Nuisance trees defined. The following are hereby declared to be public nuisances under this section:

1)

A tree for which the following two conditions exist:

a)

A structural defect which predisposes the tree to failure, and

b)

A target (including but not limited to a public building, structure, street, roadway, sidewalk, walkway or other public area frequently used by people) where there may be people or property that could be reasonably expected to sustain damage should the tree fail.

2)

Any otherwise healthy tree or shrub which harbors insects or diseases which reasonably may be expected to injure or seriously harm other valuable trees or shrubs.

3)

Any tree or portion thereof which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public.

4)

Any tree, shrubs, plants, etc. that obstructs the passage of pedestrian or vehicular traffic or is not maintained at a minimum clearance of eight feet over sidewalks and 14 feet over roadways.

c.

Right of entry. The planning director or his agent, after reasonable notice to the owner, shall have the authority to enter onto private property whereon is located a tree, shrub or portion thereof that is suspected to be a public nuisance.

d.

Abatement. Upon finding that any tree or portion thereof is in such condition as to constitute a public nuisance and that an imminent danger exists to persons, property or other valuable vegetation, the planning director shall, by order of abatement served on the owner, direct the property owner to remove, alter or treat the tree in such a manner as to cause abatement of the condition.

1)

The method of service by such order shall be by personal delivery, registered mail, or any method permitted by rule 4, South Carolina Rules of Civil Procedure, for the service of civil process.

2)

The order shall set forth the action required to abate the condition and the time limit for compliance, which shall depend on the degree of danger created by the condition, but shall in no case exceed 30 days. In cases of extreme danger, the planning director shall have the authority to require immediate compliance.

3)

If, at the end of the time period set forth in the order, the action required by the order has not been taken or the tree has not been removed, altered or treated in such a manner as to cause abatement of the condition, it shall be declared a public nuisance and the planning director shall take the action required to cause the abatement of the condition. The cost of this service, including labor, equipment and materials, shall be assessed to the property owner.

4)

If the costs of abating the condition are not paid within 30 days after receipt of a statement from the city, the account shall become a lien on the property and shall be collected in the same manner as other taxes against such property.

10.

Emergency work. In the event of emergencies involving, but not limited to, hurricanes, tornadoes, earthquakes, severe ice storms or snowstorms, floods, freezes, fires, lightning or other disasters, the requirements of this section may be temporarily waived by the city manager during the emergency period so that the requirements of this section will in no way hamper private or public work to restore order and safety in the city. This shall not be construed to be a general waiver of the intent or application of this section.

11.

Violations; penalty; recovery of damages for injured public trees. Any person who violates any of the provisions of this section shall be subject to any one or all or a combination of the penalties authorized in this section. In the case of damaged public trees, each individual tree damaged shall constitute a separate violation.

Criminal penalties. Any person who knowingly and willfully violates any provision of this section shall have committed a misdemeanor, and upon conviction thereof shall be subject to punishment as provided in section 26-7: Whenever the municipal judge finds a party guilty of violating a city ordinance or a state law within the jurisdiction of such court, he may impose a fine or imprisonment or both, not to exceed $500.00 plus appropriate cost of 30 days or both.

Recovery of damages.

a.

The planning director shall institute recovery of damages for injured public trees by providing written notice to the person responsible for such injured public trees by personal delivery, mail, or any method permitted by rule 4, South Carolina Rules of Civil Procedure, for the service of civil process. Such notice shall contain a copy of these provisions, a description of the damage or injury, and a statement for the costs of correction. If the costs of correction are not paid within 30 days after receipt of a statement from the city, the matter shall be referred to the city attorney for institution of a civil action in the name of the city for recovery of the costs of correction and all consequential damages.

b.

In establishing the monetary value of damaged public trees, the planning director or his agent may use the current edition of the standard evaluation formula published by the council of tree and landscape appraisers and the international society of arboriculture.

c.

All damage-related tree work performed under this section shall conform to the regulations and standards of the urban forestry management plan.

d.

A nonmonetary penalty, in the form of tree planting requirements, may be imposed in addition to any monetary penalties prescribed under this section.

12.

Non-liability of city. Nothing in this section is intended to or shall be deemed to impose any liability upon the city or upon any of its officers or employees, or to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property under his control in a safe condition.

Q.

Penalties: Violation of this chapter [section XIV], by any act specifically prohibited or declared unlawful, shall be punishable as follows:

1.

For the cutting of trees without a permit, a fine will be imposed of not more than $500.00 and/or not more than 30 days imprisonment for each tree cut. Each day until compliance is achieved may be considered a separate violation.

2.

For failure to comply with the approved landscaping plan, a fine will be imposed of not more than $500.00 and/or not more than 30 days imprisonment. Each day until compliance is achieved may be considered a separate violation.

3.

For failure to maintain landscaping, a fine will be imposed not to exceed $500.00 and/or 30 days imprisonment. Each day until the landscaping comes into compliance may be considered a separate violation.

R.

Repeal of inconsistencies: All other ordinances or portions thereof inconsistent with this chapter [section XIV] are hereby repealed.

S.

Severability: All sections and portions of sections of this chapter [section XIV] are considered several and separate. Any section or portion thereof that might be declared unconstitutional shall not affect remaining sections and portions thereof, such remaining in full force and effect.

TABLE XIII-1

EVERGREEN TREES

TABLE XIII-2

SHRUBS

TABLE XIII-3

DECIDUOUS TREES

(Ord. No. 04-407, 10-5-2004, Ord. No. 11-515, 5-3-2011; Ord. No. 15-564, 7-7-2015; Ord. No. 17-589, § 3, 5-7-2019)