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In general. In order to continue the development of a system of quality open spaces and recreation areas throughout the city's jurisdiction, the following standards shall apply to all developments and all open space and recreation areas in all zoning districts unless otherwise noted.
(A) In developments with 20 or more multi-family residential units (including townhouses and patio homes) or manufactured home parks with more than nine manufactured homes, open space shall account for a minimum of 20% of the total land area of the site. In developments with 20 or more single-family detached residential units, open space shall account for a minimum of 10% of the total land area of the site.
(1) No existing development, building or structure meeting the criteria above shall be expanded or enlarged unless the minimum open space requirements of this section are met.
(2) In single-family detached developments, open space may not include any required yard, setback or buffer area for individual residential lots or parcels.
(3) In multi-family developments and manufactured home parks, required buffer areas may be included in open space if held in common ownership.
(B) Public open space and recreation areas, except environmental open space, shall:
(1) Have direct access from public streets;
(2) Be visible and easily accessible; and
(3) Have multiple points of entry.
(C) All open space and recreation areas, except environmental open space, shall be well separated from moving vehicles by vegetation, fencing, walls, sidewalks or a combination of those elements.
(D) Open space not meeting the criteria of environmental open space shall be substantially clustered around the edges of the development to buffer the development against adjacent tracts of land, especially land used for agriculture and low density residential development.
(E) The land used for required open space and recreation areas, except environmental open space, shall have an average slope of 5% or less with no portion of the land exceeding a 15% slope.
(F) Required open space and recreation areas may be public or private. The planning, construction, and maintenance of privately owned facilities shall adhere to the following:
(1) Private open space intended to count towards the open space requirements of this section shall be held and maintained by a legally constituted homeowners’ association or corporation. Land designated as open space may not be separately sold, subdivided or developed.
(2) High maintenance cost facilities such as swimming pools shall not be counted in determining compliance with the minimum open space and recreation area requirements of this section. Bridges along pedestrian and bicycle paths and similar high cost facilities shall not be permitted as an integral part of any required open space or recreational area unless no feasible alternative exists.
(3) Each phase of a phased development shall meet the minimum requirements for open space and recreational areas. All plans for such developments shall demonstrate compliance for each phase. No certificates of occupancy shall be issued until all such required facilities have been installed or bonded by the developer and approved by the city.
(4) The responsibility for the perpetual maintenance of open space shall be with the owner. Maintenance for required open spaces shall include ensuring that no hazards, nuisances or unhealthy conditions exist; and keeping the property neat and orderly in appearance and free of litter and debris. Failure to adequately maintain open space shall constitute a violation of this subchapter and shall subject the owner to any and all remedies permitted herein.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-014, passed 6-25-24)
(A) Purpose. The tree conservation requirements for the City of Camden 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 storm water 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 Zoning Administrator 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 ensure the safety and security of people and property or when located on a single-family property. Violations of this section are subject to any and all remedies, fines and fees as specified herein and in § 157.212
(D).
(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) Undeveloped property shall not be clear cut. A tree removal permit shall be required to remove trees from undeveloped property.
(2) 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 Zoning Administrator. Within such specified tree protection zone, no trees or other vegetation may be removed without the approval of the Zoning Administrator, except to accommodate permitted driveways and new roads.
(3) All significant trees must be identified on the site plan and reviewed by the Zoning Administrator 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 Zoning Administrator to maximize protection of significant trees while enabling efficient use of the property before finalizing all site, development and construction plans.
(4) Replacement is required for the removal of significant trees identified on the site plan and approved by the Zoning Administrator, except as exempted in § 157.142(F)(4). One tree of appropriate caliper at the time of planting, as provided in § 157.137(B), selected from the List of Approved Tree Species for the City of Camden and approved by the Zoning Administrator, is required to be planted in a suitable location on the property to replace each tree removed. Replacement trees must be planted according to the Chapter 100 of the City of Camden Code of Ordinances as provided by the Zoning Administrator. 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)) of replacement trees, must be approved by the Zoning Administrator prior to site plan approval.
(5) 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 § 157.142(E)(l) 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 the Chapter 100 of the City of Camden Code of Ordinances as approved by the Zoning Administrator. Trees included as part of required buffer areas and parking lot landscaping may be counted as replacement trees.
(6) 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.
(7) 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 Zoning Administrator 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.
(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 Zoning Administrator.
(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 Zoning Administrator. 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, stockpiling 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 Zoning Administrator 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).
(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 Zoning Administrator 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), selected from the List of Approved Tree Species for the City of Camden and approved by the Zoning Administrator. All replacement trees shall be planted in suitable locations on the property as approved by the Zoning Administrator. Replacement trees must be planted according to the Tree Installation Specifications for the City of Camden as provided by the Zoning Administrator.
(5) Tree replacement not possible. If tree replacement on the property is not possible for reasons approved by the Zoning Administrator 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 Zoning Administrator 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).
(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 Zoning Administrator may waive the requirements of this section. Written and photographic documentation must later be submitted to the Zoning Administrator, describing the threat which initiated the removal. The Zoning Administrator 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 Zoning Administrator.
(I) Forestry activity.
(1) Permitted forestry activity. Pursuant to the provisions of the South Carolina Forestry Management Act § 48-23-205, forestry activities are permitted on all forestland parcels within the City of Camden.
(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); or
(b) Managed in accordance with a forest management plan that is prepared or approved by a South Carolina registered forester; or
(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; or
(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 Zoning Administrator.
(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 (I)(5)(a)-(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.
(J) Site monitoring and inspections. The Zoning Administrator 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 Zoning Administrator, are being met.
(K) Violations and enforcement. Provisions for violations and enforcement of this section are provided in § 157.212
(D).
(Ord. 15-002, passed 2-24-15; Am. Ord. 2017-013, passed 10-10-17; Am. Ord. 2024-014, passed 6-25-24)
PERFORMANCE STANDARDS
The purpose of this subchapter is to establish performance standards for all land, land uses and improvements in the city in order to promote compatibility among uses, protect and enhance the character of the city, and to protect the health, safety and welfare of the city by minimizing offsite impacts related to light and glare, noise, odor, vibration, and pollution.
(Ord. 15-002, passed 2-24-15)
The purpose of this section is to provide standards for outdoor lighting and glare which will provide for nighttime safety, security and utility while reducing light pollution and light trespass.
(A) Applicability. The provisions of this section shall apply to any and all exterior artificial light sources not having specific special regulations.
(B) Exemptions. The following are exempted from the requirements of this section.
(1) Lighting fixtures and standards required by federal, state, county or city agencies, including street lights within public rights-of-way.
(2) Outdoor lighting fixtures used or required by law enforcement, fire and emergency services, transportation or similar governmental agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares.
(C) Lighting. Exterior lighting of buildings, properties, developments, signs or other features, and for any use, including, but not limited to, residential, commercial and industrial uses, shall meet the following requirements.
(1) Exterior light fixtures shall be directed so that no light spills over onto adjacent properties or rights-of-way.
(2) Because of their unique requirement for nighttime visibility and their limited hours of operation, stadiums, ball fields, playing fields and tennis courts are exempted from the general standards of this section. However, lighting for these outdoor recreational uses shall be shielded to minimize light and glare trespass onto adjacent and nearby properties.
(3) No flashing lights shall be permitted.
(4) No installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall be permitted.
(5) Pole heights that are appropriate to the lighting application shall be used; however, under no circumstances shall light poles exceed 35 feet.
(6) Mounted fixtures shall not exceed the height of the building or structure on which they are mounted.
(7) All on-site roadway intersections within a manufactured home park or a multi-family residential, commercial or mixed-use development containing two or more separate structures shall be provided with a street light and street lights shall be provided along roadways in the interior of such developments at not less than 400-foot intervals.
(D) Glare. No light source or direct or sky reflected glare, whether from exterior lighting, high temperature processing, combustion, welding, or otherwise, shall be visible from beyond any property line. Light sources shall be arranged, hooded or otherwise controlled to deflect light (both direct and reflected) away from adjoining property or public rights-of-way.
(1) Safety hazard. Any artificial light source which creates glare observable within the normal range of vision from any public walk or thoroughfare under normal weather conditions is considered a safety hazard and is prohibited.
(2) Nuisance. Any artificial light source which creates glare observable within the normal range of vision, under normal weather conditions, from any property other than the property where the light source is located is considered a nuisance and is prohibited.
(Ord. 15-002, passed 2-24-15)
A person, business or industry may not cause or permit, beyond the property line of any such vibration source, vibration of sufficient intensity to cause another person of normal sensibilities to be aware of the vibration by such direct means as sensation of touch or visual observation of moving objects. The observer shall be located at or within the property line of the receiving property or right-of-way when vibration determinations are made. This standard shall not apply to vibrations created during the process of construction between the hours of 7:00 a.m. and 9:00 p.m.
(Ord. 15-002, passed 2-24-15)
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