(A) No trees which are 18-inch diameter breast height (18” DBH) or larger in size are to be damaged, destroyed or removed from any property. Exceptions to this include trees grown for farming activities. Additionally, trees may by removed by utilities which are exempted from these regulations by state law.
(B) Where difficulties are encountered in the effort to comply with tree preservation requirements, permits for removal of trees following conditions are deemed to exist by the Zoning Administrator or designee:
(1) Trees are diseased, dead or dying;
(2) Trees pose a safety hazard to nearby buildings or pedestrian or vehicular traffic;
(3) Trees prevent essential grade changes or all reasonable utility installations;
(4) Trees prevent all reasonable site configurations;
(5) Trees are within the footprint of a proposed residential structure, as shown on a site plan; or
(6) Removal of trees is the only reasonable means by which building, zoning, subdivision, health, public safety or other town requirements can be met.
(C) If none of the above conditions are deemed to be met by the Zoning Administrator, removal of trees 18” DBH or greater may be authorized by the Board of Zoning Appeals. The Board of Zoning Appeals may stipulate a schedule of replacement trees.
(Ord. 20-8, passed 12-7-2000)