§ 4-5. Private tree protection.

4-5.1. Purpose.

The purpose of this section is to protect and sustain the intrinsic value of trees and their ability to promote the public health, safety and general welfare, to lessen air pollution, to increase air filtration, to reduce noise, heat and glare, to prevent soil erosion, to aid in surface drainage and minimize flooding, to beautify and enhance the environment.

4-5.2. Protected trees.

Any tree measuring 12″ DBH (diameter breast high) shall constitute a "significant tree" for purposes of this section and shall be protected to the extent practical and feasible. To this end, no person, firm, organization, society, association or corporation, or any agent of representative thereof shall directly or indirectly destroy or remove any tree in violation of the terms of this section.

4-5.3. Exceptions.

Commercial timber, tree farms and nurseries, and agricultural operations are exempt from the protective requirements of this section. Property cleared under the exceptions of this section shall not be redeveloped and the town shall withhold any development permit for a period of 24 months.

4-5.4. Tree survey.

Prior to grading or clearing a lot or parcel for development and the issuance of a grading or building permit, the developer/owner applicant shall have conducted a tree survey identifying the location of all significant trees. Said trees shall be shown on a survey plat and physically marked with brightly colored tape or other markings.

4-5.5 Site design (Significant trees).

The design of any land development project or subdivision shall take into considerations the location of all significant trees identified on the tree survey. Lot and site design shall minimize the need to fell significant trees. Within any required buffer, open space, screening or landscaped area, all significant trees located within these areas shall be utilized to the extent practicable to meet the tree planting requirements per Article IV of this ordinance. Site plans shall clearly demonstrate the incorporation of significant trees into buffer, open space, screening and landscape design. Outside of the buildable area, within the required setback areas, no more than 25 percent of significant trees shall be removed without replacement.

The site design shall be presented on a site plan showing:

(1)

Existing location and size of all significant trees.

(2)

Trees to be removed.

(3)

Trees to be preserved.

Site plan approval by the zoning administrator shall be prerequisite to the issuance of a grading and/or building permit.

4-5.6. Tree protection.

(1)

Prior to development. Where a grading permit, building permit or subdivision approval has not been issued, the destruction of any significant tree, as defined by this section, without prior approval of the zoning administrator, which approval shall not be unreasonably withheld, shall be prohibited.

(2)

During development. During development, a minimum protective zone, marked by barriers, shall be established (erected) at the "drip line" and maintained around all trees to be retained as required by this section. There shall be no construction, paving, grading, operation of equipment or vehicles, or storage [of] materials within this protected zone.

(3)

After development. No person shall break, damage, remove, cut, kill or cause to be killed any significant tree, except for the following:

a)

In the event that any tree shall be determined to endanger the public health, safety or welfare, including airport operations, and require removal, written authorization may be given by the zoning administrator and the tree or parts thereof (i.e. dead limbs) removed.

b)

During the period of an emergency, such as a hurricane, tornado, ice storm, flood or any other act of nature, the zoning administrator may waive the requirements of this section.

c)

Where due to unusual site conditions or circumstances, the requirements of this section pose a constraint to development and/or the use of a site or parcel, the zoning administrator may adjust the requirements as necessary to moderate the constraint.

d)

Trees involved in wetland mitigation.

e)

Pine trees may be cut and removed from any site without regard to DBH dimensions (size).

f)

Diseased (unhealthy) or nuisance trees, with approval of the zoning administrator.

4-5.7. Tree Replacement.

Where significant trees have been removed, due to site design, or where removal is necessitated at any time due to acts of negligence, or where sites were cleared of significant trees in violation of this section, replacement trees shall be planted in accord with a replacement schedule approved by the zoning administrator, who shall specify the number, species, DBH, and location of replacement trees, using the following criteria:

(1)

Combined DBH of replacement trees is equal to or greater than the DBH of the tree removed or;

(2)

Individual replacement trees are of the largest transplantable DBH available.

Where, due to clear cutting in violation of this section, the number of significant trees removed is unknown, a replacement plan specifying the numbers, species, DBH, and location of replacement trees shall be submitted to and approved by the town planning commission prior to the issuance of a building permit. The commission may also require the inclusion of berms, walls and/or more intensive buffer plantings than prescribed by ordinance to help mitigate the effects of illegal clear cutting on adjacent property.

(Ord. of 3-20-2001; Ord. No. 08-09, 7-15-2008; Ord. No. 17-32, 12-19-2017)

Editor's note

Ord. No. 08-09, § 1, adopted July 15, 2008, renamed § 4-5 from tree protection" to private tree protection.