(A) Purpose. The tree conservation requirements for the city are intended to promote the conservation of healthy and structurally sound trees for the purpose of protecting the public safety, health and welfare through benefits of such trees, including, but not limited to the following.
(1) Improving air quality through the reduction of carbon dioxide and provision of oxygen.
(2) Reducing air pollution by filtering dust and other unwanted airborne particles.
(3) Filtering and purifying of stormwater passing through the ground to drinking water aquifers.
(4) Stabilizing soil as an effective component of soil conservation, and erosion and flood control.
(5) Providing shade, which reduces ambient temperatures and makes outdoor areas more habitable during warmer months.
(6) Assisting in the reduction of noise levels and glare.
(7) Assisting in the retention and improvement of the character and appearance of the city, which increases the desirability of the area and consequently has a positive impact on residential and economic growth and property values.
(B) Unlawful to remove, cut or damage significant trees. Unless authorized by the terms of this section or approved by the Urban Forester during site plan review, no person shall cut down, remove, irreparably or irreversibly damage or destroy any significant tree located within a public right-of-way, or required buffer, setback, yard, landscaped area or open space, except when necessary to provide access to a site or insure the safety and security of people and property or when located on a single-family property. Violations of this Zoning Ordinance are subject to any and all remedies, fines and fees as specified herein and in § 157.212
(D)-Penalties for Landscape, Tree Conservation and Buffer Violations.
(C) Platting of subdivisions. Developers shall design projects so that buildable areas exist on lots to minimize the need for future builders to remove significant trees to achieve a reasonable use of an individual lot.
(D) Tree conservation on undeveloped or redeveloped properties.
(1) Removal of significant trees on all properties, except for single-family residential properties, shall be prohibited prior to any land disturbance on the site and prior to securing a grading permit, land development permit and/or building permit for new construction or development, redevelopment, or expansions to buildings or site elements such as parking lots or service areas. However, on parcels of 20 acres or more that are designated as tree plantations, trees internal to the property may be removed prior to development as long as a 50 foot wide undisturbed tree protection zone is defined on the perimeter of the property, as identified on the site plan and approved by the Urban Forester. Within such specified tree protection zone, no trees or other vegetation may be removed without the approval of the Urban Forester, except to accommodate permitted driveways and new roads.
(2) All significant trees must be identified on the site plan and reviewed by the Urban Forester prior to any land disturbance on the site, and to securing a grading permit, land development and/or building permit. Notwithstanding this requirement, on parcels of 20 acres or more that are designated as tree plantations, the applicant will not be required to identify individual significant trees. It is required that applicants for grading, land development and/or building permits request a preliminary review of the site plan by the Urban Forester to maximize protection of significant trees while enabling efficient use of the property before finalizing all site, development and construction plans.
(3) Replacement is required for the removal of significant trees identified on the site plan and approved by the Urban Forester, except as exempted in division (F)(4) of this section. One tree of appropriate caliper at the time of planting, as provided in § 157.137(B)-Tree Size, selected from the List of Approved Tree Species for the City of Camden and approved by the Urban Forester, is required to be planted in a suitable location on the property to replace each tree removed. Replacement trees must be planted according to Chapter 100-Trees of the City of Camden Code of Ordinances as provided by the Urban Forester. Trees included as part of required buffer areas and parking lot landscaping may be counted as replacement trees. A tree replacement plan, including the location, genus and size (DBH) of the tree to be removed; and the species and proposed locations and caliper at the time of planting (as provided in § 157.137(B)-Tree Size) of replacement trees, must be approved by the Urban Forester prior to site plan approval.
(4) On parcels of 20 acres or more in size that are designated as tree plantations, where trees internal to the property are to be removed prior to development as provided in division (E)(1) above, required tree replacement shall be 15 large maturing trees per acre for each area that is cleared. Such trees shall be selected from the List of Approved Tree Species for the City of Camden and planted according to Chapter 100-Trees of the City of Camden Code of Ordinances as approved by the Urban Forester. Trees included as part of required buffer areas and parking lot landscaping may be counted as replacement trees.
(5) If replacement of significant trees to be removed is not possible due to factors including, but not limited to, the inability of the site to accommodate the required replacement trees, or site or development constraints, at a minimum, a fee in an amount established by the City of Camden Fee Schedule shall be assessed for each significant tree removed, which shall be deposited into the City of Camden Tree Fund.
(6) In order to ensure the replacement of trees according to this section, where it is determined that trees can be replaced, a bond, letter of credit, or other surety satisfactory to the city shall be deposited with the Zoning Administrator in an amount and of a term satisfactory to the Urban Forester prior to issuance of a certificate of occupancy or any use of the property. Trees shall be replaced, in compliance with this section, within the term of any such surety. In the event that adequate replacement trees have not been planted within 30 days of the expiration of any such surety, the city shall be granted the ability to draw upon the funds of any such surety in order to fund the planting of replacement trees as shown on the approved site plan.
(7) Individual single family residential lots shall contain a minimum of four trees of which at least one shall be required to be in the front yard. A minimum of one tree shall be a large maturing tree. Newly planted trees shall meet the minimum size in § 157.133(B).
(E) Tree protection. Before and during any land disturbance, construction or development, the following measures shall be utilized to protect significant trees, including tree crowns and roots, designated for retention and protection per the site plan as approved by the Urban Forester.
(1) Prior to clearing/grading/land disturbance, construction and/or development of a property, the owner shall be responsible for any and all tree and root protection necessary to protect identified significant trees from damage before, during and after construction. All significant trees, as well as other existing and newly planted vegetation that is required by the landscaping and buffer provisions, shall be protected with a sturdy and visible fence before any land disturbance begins. At a minimum, such tree protection zone (TPZ) shall be established and be equal to a one foot radius on the ground for every inch of diameter at breast height (DBH) of each significant tree to be protected.
(2) The location of the TPZ fencing and method of construction shall be noted on the site plan. Tree protection fencing shall be installed and remain in place and in good condition until all clearing/grading/land disturbance, development and construction activities are completed. The tree protection fencing shall be constructed from any material substantial enough to prohibit and keep out vehicles, people, and all other activities associated with the clearing/grading/land disturbance, development and construction process, as approved by the Urban Forester. Examples include wood posts and rails, chain link fencing, wire fencing and posts, and other substantial materials. Tree protection fencing shall be a minimum of four feet high.
(3) All tree protection zones shall be designated as such with "Tree Protection Zone -Caution Do Not Enter" signs posted visibly on all sides of the fenced protection area, with lettering and colors that provide maximum readability in terms of distance and contrast.
(4) No soil disturbance or compaction, stock piling of soil or other construction, paving or landscaping materials, vehicular traffic, or storage of heavy equipment is allowed in the tree protection zones of trees to be retained.
(5) In situations where strict adherence to the provision of tree protection zones is not possible due to factors including, but not limited to, site conditions, overlapping tree protection zones, or grade changes, the Urban Forester may, through field determination and consultation, allow modifications to the required tree protection zone based on accepted best practices and procedures.
(F) Tree removal permit required for existing developed properties.
(1) Permit required. Except for single-family residential properties, a permit shall be required for the removal of any significant tree as specified in § 157.211
(D)-Permits.
(2) Responsible party. The property owner will be held responsible for all actions related to tree damage and removal.
(3) Acceptable reasons for tree removal. Removal of significant trees shall be permitted for the following reasons.
(a) The tree is dead.
(b) The tree is affected by a pest or disease problem that is untreatable or treatment is impractical and will result in rapidly declining tree health or a hazardous condition.
(c) The tree is in irreversible decline due to mechanical damage, poor maintenance or environmental stresses or a combination thereof and its condition cannot be improved with standard maintenance techniques.
(d) The tree has an uncorrectable structural defect that results in an increased risk of whole or partial tree failure.
(e) The tree is reducing existing or proposed site visibility of traffic signs/signals, intersections or other situations, which may endanger life or property and the correction of the problem, will result in crown reduction encompassing more than 50% of the normal canopy.
(f) The tree is in an existing or proposed restricted growth space resulting in conflict with the surrounding hardscape or infrastructure and the conflict cannot be resolved.
(g) The tree is in conflict with overhead utility lines and proper pruning cannot adequately reduce the conflict without severely disfiguring the tree or will result in crown reduction encompassing more than 50% of the normal crown.
(h) The tree is in conflict with proposed site reconfiguration/improvements or above/below ground utility upgrades and the conflict cannot be resolved or the correction of the problem will result in severe disfigurement of the tree or severe root damage which compromises structural stability or will result in crown reduction encompassing more than 50% of the normal crown.
(4) Replacement of trees removed. All trees removed per an approved tree removal permit shall be replaced within 90 days after removal unless a longer period of time is approved by the Urban Forester after determining that construction activities or weather conditions warrant an extension. Trees that have been removed shall be replaced by a tree of comparable size at maturity and of appropriate caliper at the time of planting, as provided in § 157.137(B)-Tree Size, selected from the List of Approved Tree Species for the City of Camden and approved by the Urban Forester. All replacement trees shall be planted in suitable locations on the property as approved by the Urban Forester. Replacement trees must be planted according to the Tree Installation Specifications for the City of Camden as provided by the Urban Forester.
(5) Tree replacement not possible. If tree replacement on the property is not possible for reasons approved by the Urban Forester including, but not limited to, unique site conditions, safety concerns, and/or limitations of reasonable use of the property, the property owner may submit a request in writing to the Urban Forester to pay a fee to the City of Camden Tree Fund in lieu of replacing the tree(s). The request shall include information that demonstrates why the on-site planting of replacement tree(s) is not possible. A fee in an amount established by the City of Camden Fee Schedule shall be assessed for each significant tree removed, which shall be deposited into the City of Camden Tree Fund as provided in § 157.212
(E)-Establishment of City of Camden Tree Fund.
(G) Exemption for the removal of significant trees. In the event that a tree poses a severe or imminent threat to public safety or property, such as a result of a catastrophic event or when a tree is irreparably damaged, the Urban Forester may waive the requirements of this section. Written and photographic documentation must later be submitted to the Urban Forester, describing the threat which initiated the removal. The Urban Forester may require replacement of any trees which are removed where it is determined that the threat resulted from negligence.
(H) Tree maintenance. Maintenance of significant trees protected before and during development, planted as replacements for significant trees that were removed during development, or otherwise planted or protected by the provisions of the Tree Conservation Section, must be maintained using Best Management Practices included and referenced in the City of Camden Tree Maintenance Requirements as provided by the Urban Forester.
(I) Forestry activity.
(1) Permitted forestry activity. Pursuant to the provisions of the South Carolina Forestry Management Act Section 48-23-205, forestry activities are permitted on all forestland parcels within the city.
(2) "FORESTLAND" means land supporting a stand or potential stand of tree valuable for timber products, watershed or wildlife protection, recreational use, or for other purposes.
(3) "FORESTRY ACTIVITIES" include, but are not limited to, timber harvest, site preparation, controlled burning, tree planting, application of fertilizers, herbicides, pesticides, weed control, animal damage control, fire control, insect and disease control, forest road construction, and any other generally accepted forestry practices.
(4) "STAND" means a contiguous group of trees sufficiently uniform in age-class distribution, composition and structure and growing on a site of sufficiently uniform quality, to be a distinguishable unit. A mixed stand is composed of a mixture of species, a pure stand is composed of essentially a single species and in a stratified mixed stand different species occupy different strata of the total crown canopy.
(5) All forestry activities are permitted on forestland that is:
(a) Taxed on the basis of its present value as forestland under S.C. Code § 12-43-220(d);
(b) Managed in accordance with a forest management plan that is prepared or approved by a South Carolina Registered Forester;
(c) Certified under the Sustainable Forestry Initiative, the Forest Stewardship Council, the American Forest Foundations Tree Farm System, or any other nationally recognized forest certification system;
(d) Subject to a legally binding conservation easement under which the owner limits the right to develop or subdivide the land; or
(e) Managed and harvested in accordance with the best management practices established by the State Forestry Commission pursuant to S.C. Code § 48-36-30 as determined by the Urban Forester.
(6) Time restrictions on permit issuance after completion of certain forestry activities. In the event that the Zoning Administrator determines that any forestry activity on forestland, that is otherwise permitted pursuant to divisions (5)(a) through (e) above, has resulted in a change in the land from forestland to nonforest or nonagricultural use, the Zoning Administrator may deny a grading permit, building permit or land development permit for a period of either:
(a) One year after the completion of a timber harvest if the activity results in the removal of all or substantially all of the trees from the parcel.
(b) Five years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees from the parcel and the harvest was a willful violation of city regulations.
(K) Site monitoring and inspections. The Urban Forester shall have access to all active and recently completed development, redevelopment and construction sites and all sites upon which land disturbance is planned or is occurring, to make sure that the requirements of this section, including any modifications approved by the Urban Forester, are being met.
(L) Violations and enforcement. Provisions for violations and enforcement of this section are provided in § 157.212
(D)-Penalties for Landscape, Tree Conservation and Buffer Violations.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2017-013, passed 10-10-17)