§ 152.150 PURPOSE AND DEFINITIONS.
   (A)   Purpose. The purpose of this subchapter is to promote and protect the natural beauty of the town and to encourage better care of trees and vegetation within the town on both public and private property. It is also of utmost importance to identify and protect trees deemed historic and of great value. The value placed on these trees should be based upon the following criteria: age; size; species; historic significance; ecological value; aesthetics; and location. A list of identified trees can be found with the Zoning Administrator and this list may be updated on a regular basis. This chapter will establish a viable tree management program to be administered by the Planning Board, who will act as a Tree Board until the town deems it necessary to adopt a separate Tree Board. Support and participation in the Tree City USA Program will help guide and support the Tree Board. Lastly, and of utmost importance, this program will educate the public to the importance of protecting trees; along with the benefits they provide to our environment.
   (B)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ANSI (AMERICAN NATIONAL STANDARDS INSTITUTE). A guide used in setting standards for tree work.
      CALIPER. Diameter measurement of the trunk taken six inches above ground level for trees up to and including four-inch-caliper size. Measurements shall be taken 12 inches above the ground for larger trees.
      CANOPY. The uppermost layer in a forest, formed by the crowns of the trees.
      CLEANING. Selective pruning to remove one or more of the following parts: dead, diseased, and/or broken branches.
      CLEAR CUTTING. The cutting or removal of all trees within an area of 400 square feet or larger.
      DBH (DIAMETER BREAST HEIGHT). The diameter of a tree four and one-half feet above the average ground level.
      DRIP LINE. A vertical line running through the outermost portions of the tree crown extending to the ground.
      FRONTAGE STRIP. A continuous access strip, exclusive of access driveways, abutting a public street.
      GENERAL MAINTENANCE. The removal of small branches under one-half diameter shall not generally be considered injurious to the tree, providing that such an act does not remove a substantial portion of the canopy of said tree or otherwise result in a threat to the life or health of said tree.
      GUIDELINES. Guidelines and Specifications of Tree Planting on Public and Private Property, published by the Planning and Inspections Department.
      HISTORIC TREE. A tree that has been specifically designated by the Town Council as historic.
      IMPERVIOUS COVER. 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.
      INJURING A TREE. Any cutting, trimming, pruning or other method of removing any live part of a live tree shall be considered injurious to the tree.
      LARGE MATURING TREE. Any tree whose height exceeds 35 feet at maturity.
      LION’S TAILING. The removal of an excessive number of inner, lateral branches from parent branches; which can injure trees and are not considered normal pruning practices.
      MAINTENANCE. Proper cultural practices including pruning, fertilization, pest management and root system protection. The standards of maintenance are those published by the National Arborists Association.
      PAVED AREA. Any ground surface covered with concrete, asphalt, stone, compacted gravel, brick or other paving material.
      PERSON. A public or private individual, corporation, company, firm, association, trust, estate, commission, board, public or private institution, utility cooperative or other legal entity.
      PLANNING AND INSPECTIONS DIRECTOR. The head of the town’s Planning and Inspections Department or his or her designee.
      PRESERVATION. Maintaining a stable environment among mature trees that is critical in delaying the transition from maturity to decline and death (prevention of construction damage, root system care, proper tree care maintenance and the like). TREE CARE PRESERVATION should be proactive and then reactive.
      PRIVATE PROPERTY. Property that is not owned by a federal, state or local government.
      REDUCTION. Selective pruning to decrease height and/or spread of a tree.
      REGULATED TREE. Trees that are located on private property and are listed as the champion or co-champion of the species, either on the “National Big Tree List”, as compiled by the American Forestry Association or the Champion Big Trees of North Carolina, as compiled by the state’s Division of Forestry Resources.
      REPLACEMENT. Replacement of dead, dying, diseased or removed trees with trees of equal or comparable size, species, vigor and health.
      REMOVAL. The cutting down of any tree and all other acts which cause the actual removal or the effective removal through damaging, poisoning or other direct or indirect actions resulting in the death of a tree.
      ROOT PROTECTION ZONE. Generally, 18 to 24 inches deep and a radius distance from the trunk of the tree equal to one foot for each one inch of trunk diameter or the outermost drip line of the tree, whichever is greater.
      SMALL MATURING TREE. Any tree whose height is less than 35 feet at maturity.
      TEMPORARY SERVICE ROUTE. A route, other than a planned permanent driveway or access route to a structure, which is created and used during the construction process.
      THINNING. Selective pruning to reduce density of live branches or smaller trees.
      TOPPING. Any pruning practice that results in pruning back the main leader stem of the tree or causes disfigurement of the normal shape of the tree. The reduction of a tree’s size using heading cuts that shorten limbs or branches back to a predetermined crown limit.
      TOWN. The Town of Banner Elk, North Carolina.
      TOWN ATTORNEY. The Town Attorney for the Town of Banner Elk, North Carolina, or his or her designee.
      TOWN PROPERTY (PUBLIC PROPERTY). All real property which is owned or leased by the town or which is maintained by it or any part of town right-of-way.
      TREE BOARD. A board appointed by the Town Council, made up of citizen volunteers, to review specific tree issues within the town. The Planning Board shall act as the Tree Board until such time as it deems it necessary to adopt a separate board.
      TREE EVALUATION FORMULA. A formula for determining the value of ornamental trees and shrubs as published by the International Society of Arboriculture.
      TREE CITY USA PROGRAM. A program sponsored by the Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters, providing direction, technical assistance, public attention and national recognition for urban and community forestry programs. The many benefits of being a tree city include a framework for action, education, a positive public image and citizen pride.
      TREE CROWN. The leaves and branches of a tree measured from the lowest branch on the trunk to the top of the tree.
      UNSAFE TREE. For a tree to be considered unsafe, one of the following criteria must apply:
         (a)   A combination of a structural defect and a target:
            1.   A structural defect which predisposes the tree to failure (i.e., dead tree, trunk decay, dead branches, V-crotches); and
            2.   A target such as a structure, road, walkway, campsite or other area where property exists or people reside.
         (b)   A tree that is otherwise structurally sound, but which tree routinely interferes with the routine activities of people. Interferences include obstructions, sight distance problems for motorists, buckling of sidewalks, attracting lightning or interference with utilities.
      UTILITY SPACE. The physical area occupied by a utility’s facilities and the additional space required and to ensure its operation.
      WHITEWASHING, PAINTING. Painting or in any way discoloring any portion of a tree.
(Ord. passed 3-14-2005; Ord. passed 5-1-2013; Ord. passed 2-13-2013; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 705)