Chapter 20 TREES 1
Notes
| 1 | Editor's note(s)— Ord. No. 2378, § 1, adopted June 10, 1997, repealed Ch. 20, in its entirety, which pertained to trees. Said section also enacted provisions designated as a new Ch. 20 to read as herein set out. See the Code Comparative Table. Cross reference(s)— Asheville Tree/Greenway Commission, § 2-156; buildings and building regulations, ch. 4; cemeteries, ch. 6; historic preservation, ch. 8; parks and recreation, ch. 12; soil erosion and sedimentation control, ch. 14; subdivisions, ch. 17; zoning, app. A. State law reference(s)— Damages for unlawful cutting, removal or burning of trees, G.S. 1-539.1; cutting timber on town watershed, G.S. 14-383; permit required for planting or removal of trees on state highway, G.S. 136-93; designation of official state tree, G.S. 145-3. |
ARTICLE I. GENERAL
The City of Asheville, realizing that trees have a profound effect on the quality of life in the community, deems it necessary and desirable in the interest of public health, safety and welfare to enact an ordinance for the preservation, planting, replacement and removal of trees without denying the reasonable use and enjoyment of real property.
The purpose of this chapter is to regulate the planting of new trees and shrubbery; to vigorously encourage the protection of existing trees and shrubbery, including their root systems; to regulate the preservation, replacement and indiscriminate removal of trees and to establish procedures for fulfilling these purposes.
(Ord. No. 2378, § 1, 6-1-97)
The city council may establish an Urban Forestry Commission, made up of citizen volunteers.
The commission may request information on trees located on city property and shall receive in a timely fashion, reports from the director of public works. The commission shall receive regular reports from city staff on landscaping and buffering plans for new developments and alterations to existing developments.
The commission shall consist of seven members appointed by city council to staggered three-year terms. In addition to the seven members appointed by city council, the executive director of Quality Forward, a representative of Progress Energy, and a representative of the Metropolitan Sewerage District shall serve as ex- officio voting members of the commission. Additionally, the director of public works may appoint ex-officio non- voting members.
The commission shall select annually from among its members a chair and vice-chair.
All appointed members shall serve a term of three years. Vacancies resulting from resignation or from a member's failure to attend the required number of meetings shall be filed by city council for the unexpired term upon request by the chairperson.
The commission shall formulate and adopt rules of procedure under which it will operate.
Any and all references to the "Tree Commission" or the "Asheville Tree Commission" elsewhere in the City Code shall be understood to refer to the Urban Forestry Commission.
(Ord. No. 2378, § 1, 6-1-97; Ord. No. 3158, § 1, 9-14-04; Ord. No. 4781, § 2, 11-26-19)
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