§ 21.017 SPECIAL COMMITTEES.

   The Planning and Zoning Appeals Board may set up special committees to assist it in the study of specific questions and problems.

(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)

TREE COMMISSION

§ 21.030 PURPOSE.

   (A)   The purpose of this subchapter is to regulate the planting, maintenance, and removal of trees (diseased and healthy) on municipally owned public property and rights-of-way within the city and on municipally owned property wherever located. In order to protect and conserve trees on public property and rights-of-way, this subchapter provides for the pruning, treatment, and removal of trees and shrubs as is deemed necessary by the City Council or a person acting under the authority of the City Council. This subchapter is also intended to provide for the trimming or removal of trees on public land when they obscure street lights, interfere with utility lines, or constitute a hazard to pedestrian or vehicular traffic, or otherwise endanger the public health, safety, or welfare.

   (B)   Another purpose of this subchapter is to encourage the protection of trees and express the city's intent to use trees to create a more natural and amenable human environment. This would include the protection of regulated (historic and heritage) trees. This subchapter is not intended to be punitive nor to cause hardship to any person who uses the utmost care and diligence to protect trees within the city or on city property.

(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)

Cross-reference:

   Damaging trees and plants, see § 82.13

§ 21.031 DEFINITIONS.

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

   “CRITICAL ROOT PROTECTION ZONE.” Circular area surrounding tree. The distance shall extend to the drip line and to a depth of five feet below the ground.

   “DISEASED TREE.” A process in which fungi, bacteria, mycoplasmas, and viruses are able to invade and infect trees, causing poor growth and weak appearance, disruption of plant processes, distortion of certain tree parts, and strain or death of a tree.

   “DRIP LINE.” A vertical line running through the outermost portions of the tree crown extending to the ground.

   “EXISTING TREE CANOPY.” A tree canopy that has existed for at least two years prior to development as evidenced by city or county aerial photographs or a tree survey.

   “HERITAGE TREE.” Any tree that is listed on the Champion Big Trees of North Carolina List as compiled by the NC Division of Forestry Resources, the American Forest Association's Champion Tree List, or any tree that would measure 80% of the points of a tree on the North Carolina Big Trees List.

   “HISTORIC TREE.” A tree that has been specifically designated by the City Council to be historic.

   “IMPERVIOUS MATTER.” Building and structure footprints, areas of pavement, compacted gravel, or other compacted areas that by their dense nature do not allow the passage of sufficient oxygen and moisture to support and sustain healthy root growth.

   “LARGE TREE.” Any tree over 50 feet at maturity.

   “MEDIUM TREE.” Any tree between 30 and 50 feet at maturity.

   “PARK TREES.” Trees, shrubs, bushes, and all woody vegetation in public parks and all areas owned by the city, or to which the public has free access as a park.

   “REGULATED TREE.” A tree that is located on private property and is considered a “HERITAGE TREE” and/or a “HISTORIC TREE” under the definitions stated above.

   “SMALL TREE.” Any tree under 30 feet at maturity.

   “SPECIMEN TREE(S).” A tree or group of trees considered to be important community assets due to their unique or noteworthy characteristics or values. A tree may be considered a “SPECIMEN TREE” based on its size, age, rarity, or special historical or ecological significance as determined by the Tree Commission. Examples include large hardwoods (e.g., oaks, poplars, maples, etc.), and softwoods (e.g., pine species), in good or better condition, with a diameter of 24 inches or greater, and smaller understory trees (e.g., dogwoods, redbuds, sourwoods, persimmons, etc.), in good or better condition, with a diameter of ten inches or greater.

   “STREET TREES.” Trees, landscaping shrubs, bushes, and all other woody vegetation on land lying within right-of-way on either side of all streets, avenues, or ways within the city.

   “UNSAFE TREE.” For a tree to be considered unsafe, one of the following criteria must apply:

      (1)   A combination of a structural defect and a target.

         (a)   A structural defect that predisposes the tree to failure (e.g., dead tree, trunk decay, dead branches, V-crotches; etc.); and

         (b)   A target such as a structure, road, walkway, campsite, or other area where property exists or people reside. In urban areas, target areas are almost always in close proximity to trees; or

      (2)   A tree that is otherwise structurally sound but which interferes with the routine activities of people. Interferences include obstructions, sight distance problems for motorists, buckling of sidewalks, attracting lighting, or interference with utilities.

   “VEGETATION.” Any living plant or group of plants such as a tree, shrub, or ground cover.

(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)

§ 21.032 CREATION AND ESTABLISHMENT OF CITY TREE COMMISSION.

   There is hereby created and established a City Tree Commission for the city, which shall consist of nine members, citizens and residents of this city, five of whom shall be appointed by the City Council. The City Manager, the Parks and Recreation Director, the Public Works Director, and the Public Utilities Director shall also be ex-officio members of the Commission.

(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)