(A) Property owners shall not illegally or unlawfully destroy any protected habitat ecosystem or endangered species on property within the town during construction or while carrying out shrub clearing or tree removal activity.
(B) Trees and vegetation may be removed or altered under the following conditions:
(1) When necessary to remove trees or vegetation which create unsafe vision clearance or pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services or utilities;
(2) When necessary to remove trees or vegetation which pose a safety hazard to buildings, structures or improvements;
(3) When necessary to observe good forestry practices and environmentally sound land development techniques according to the standards of tree protection developed by the Division of Forestry of the Department of Agriculture and Consumer Services of the state;
(4) When necessary in order to construct proposed improvements as a result of the need for access around a proposed structure for construction equipment; the need for access to a building site for construction equipment; for essential grade changes; for surface water drainage and utility installations; and for the location of the proposed buildings, structures, parking areas and other improvements as defined as the buildable area, so as to avoid unreasonable economic hardship;
(5) When necessary for compliance with other town codes such as building, zoning, subdivision regulation, health provisions and other ordinances; and/or
(6) When necessary to remove diseased or dead trees or vegetation.
(C) The extent of tree and vegetation removal or destruction shall be limited to that which is reasonably necessary to accomplish the purpose for which the removal project has been undertaken. This may include changes to the extent of the removal and/or replanting of removed trees or vegetation.
(D) Property owners shall make reasonable efforts to relocate or replace trees and vegetation removed for any project. Replacement shall not be necessary where the tree or vegetation was removed because of disease or interference with existing roadways, driveways, sidewalks and street areas, septic tank drain fields, sewer lines or development of commercial property which does not leave room for replacement. Property owners shall cause replanting to be completed within a reasonable time after completion of the project for which the removal operation has been undertaken.
(E) Property owners shall make reasonable efforts to avoid needless waste or purposeless destruction of trees and vegetation as such frequently provides habitat for desirable birds and animals, stabilizes soil, provides aesthetic benefits and acts as a landscape buffer or transition area between adjoining uses.
(F) Property owners shall make reasonable efforts to avoid and/or reduce damage or destruction to trees during construction. This shall include, but is not limited to, reasonable efforts to avoid the placement of material, machinery or temporary soil deposits within six feet of any tree having a four-inch or greater trunk diameter measured four and one-half feet above grade level, or the erection of suitable protective barriers around all such trees to be preserved. Property owners shall also make reasonable efforts to avoid attachments or wires to any of said trees, other than protective guy wires.
(G) There shall be no restriction on the removal of any species of tree or vegetation designated as invasive or otherwise prohibited by the town by resolution or by any law or regulation of the county, state or federal government.
(H) There shall be no restriction on the removal on the following species of trees:
(1) Schinus Terebinthinfolins (Brazilian pepper tree, Florida holly);
(2) Metopium Toxiferum (poison wood);
(3) Melaleuca Lencadendron (Melaleuca);
(4) Hibiscus Teleaceum (flowering hibiscus or mahoe tree);
(5) Casuarina Equisetifolia or Casuarina Cuninghamiana (Australian pines); and
(6) Any species of ficus tree.
(I) The Town Council is hereby authorized, but not required, to designate all activities involving the alteration or removal of trees and vegetation within the town that shall require a permit and to set the permit fees for such activity, and to do so through Town Council resolution. All fees shall be non-refundable and shall be due and payable and collected by the town at the time of application.
(Ord. 1-90, passed 1-31-1991; Ord. 4-2017, passed 1-25-2018) Penalty, see § 153.999