(A) The replacement of protected and unprotected trees and trees of preference shall be established in accordance with the following requirements.
Table 2 - Residential Tree Replacement Requirements | ||||||||
Size of tree removed (DBH) | Inside setback area | Outside setback area | ||||||
Protected | Unprotected | Protected | Unprotected | |||||
Qty | Size | Qty | Size | Qty | Size | Qty | Size | |
Table 2 - Residential Tree Replacement Requirements | ||||||||
Size of tree removed (DBH) | Inside setback area | Outside setback area | ||||||
Protected | Unprotected | Protected | Unprotected | |||||
Qty | Size | Qty | Size | Qty | Size | Qty | Size | |
6"-12" | 1 | 2" | x | x | x | x | x | x |
13"-18" | 1 | 2" | 1 | 2" | 1 | 2" | x | x |
19"-36" | 1* | 3" | 1 | 2" | 1 | 2" | x | x |
36"+T | 1** | 3" | 1* | 3" | 2 | 2" | 1 | 2" |
* Must include a minimum of three screening/buffering trees as defined in RPL ** Must include a minimum of five screening/buffering trees as defined in RPL T If removed trees include identified trees of preference (TOP) species, replanting requirements will follow 36"+ DBH requirements | ||||||||
Table 3 - Non-Residential Tree Replacement Requirements | ||||||||
Size of tree removed (DBH) | Inside setback area | Outside setback area | ||||||
Protected | Unprotected | Protected | Unprotected | |||||
Qty | Size | Qty | Size | Qty | Size | Qty | Size | |
6"-12" | 1 | 2" | x | x | x | x | x | x |
13"-18" | 2 | 2" | x | x | 1 | 2" | x | x |
19"-36" | 2* | 3" | 1 | 2" | 1 | 3" | x | x |
36"+T | 2** | 4" | 1* | 3" | 1 | 4" | 1 | 3" |
* Must include a minimum of three screening/buffering trees as defined in RPL ** Must include a minimum of five screening/buffering trees as defined in RPL T If removed trees include identified trees of preference (TOP) species, replanting requirements will follow 36"+ DBH requirements | ||||||||
(B) A replacement tree may be planted up to one year prior to the removal of any tree in order to count toward replacement. Replacement trees planted after existing tree removal shall be in the ground within six months of removal of the original tree. The Ordinance Administrator may, for good cause shown, and in his or her sole discretion, extend this period for an additional six months.
(C) The town’s recommended planting list (RPL) shall be utilized by applicants when determining what species of trees are to be replanted. A minimum of 50% of the total replacement trees shall come from the RPL with a minimum of 25% of total replacement trees coming from the trees of preference (TOP) list. A minimum of one tree scheduled for replacement shall come from the tree of preference (TOP) list. Variation from these requirements must be granted by the Ordinance Administrator prior to approval and planting.
(D) See the above charts for the minimum replacement size for all deciduous trees. Evergreen trees that are planted as replacement trees shall be a minimum of six feet in height at the time of planting.
(E) (1) Depending on the proximity of other trees and/or structures, lesser quantities of replacement trees may be authorized by the Ordinance Administrator or by the Board of Adjustment (in the case of an appeal to the town) or the Ordinance Administrator may authorize the replanting or replacement of trees in a location or locations where such replacement trees are more likely to survive. For existing residential lots where mature canopies remain after tree removal, replacement requirements may be amended regarding location and species to provide the best opportunity for healthy growth. This replacement requirement discretion is meant solely to allow for maintenance of existing residential lots where the canopy is thick and growing new trees would be impractical and/or difficult. This allowance is not intended for new residential construction.
(2) For non-residential lots, if replanting inside the setback results in an adverse condition to town roads, other public property, other private property, or results in an undue hardship for an outdoor recreation activity, a variance application may be filed with the Board of Adjustment to replant the appropriate number of trees in a different location.
(3) Non-residential properties that include an outdoor recreation activity as a primary purpose, as defined above, are provided a tree removal allowance not to exceed net 50 trees outside the setback of the property in a calendar year. Net removal is defined as the number of protected trees removed minus the number of trees re-planted on the property where the outdoor recreation activity occurs. Prior to removal of trees pursuant to this section, the property owner should submit to the Ordinance Administrator notice of the tree(s) to be removed. For purposes of this net removal allowance, a property owner needs only to submit to the Ordinance Administrator documentation of any protected trees removed and any trees replanted as a record of same for each calendar year. Unprotected trees outside the setback of a non-residential property with an outdoor recreation activity as a primary purpose may be removed without replacement, provided that notice is given to the Ordinance Administrator regarding the necessity for removal.
(F) The town encourages a diversity of species during replanting, with a focus on replenishing hardwood trees within the forest. However, to provide appropriate screening and buffering, particularly among non-residential uses, trees that have a lower canopy (height) at maturity are also encouraged for inclusion in a replanting plan. This combination will ensure the canopy is varied in both height and species.
(G) Replacement trees shall not be planted within the town’s right-of-way or in an area to obstruct the view of traffic.
(Ord. 2023-06, passed 10-9-2023)