(A) Exemptions. The following tree removal activities are exempt from this section:
(1) The tree proposed for removal is:
(a) Located on a residential lot of one acre or less; or
(b) Associated with agricultural purposes and/or uses pursuant to Tenn. Code Ann. § 6-54-126.
(2) Removal of trees that are determined to be unhealthy by the Development Director or with written verification of the tree's condition as dead, dying, or structurally unsound as prepared by a certified arborist;
(3) Removal of trees that are determined by the Development Director to be nuisance trees or a threat to an existing structure, underground utility, or public safety;
(4) The tree encroaches into established utility easements;
(5) Damage will result to utilities or structures from tree roots if the tree is not removed;
(6) Removal of trees listed in the current edition of Invasive Exotic Pest Plants, published by the Tennessee Exotic Pest Plant Council;
(7) Removal of trees on Town-owned land or within public right-of-way performed by the Town or its authorized agent;
(8) Removal of a tree is necessary to access a site and no alternative exists for relocating such access, as determined by the Development Director;
(9) The Development Director makes an exception in extraordinary circumstances, such as weather-related emergencies, natural disasters, or similar occurrences. The Development Director may impose conditions as he or she determines are necessary to ensure compliance with this section.
(B) Tree removal. Existing trees on a lot shall not be removed or disturbed unless trees are removed from a lot:
(1) In accordance with an approved site plan, preliminary subdivision plat, or subdivision infrastructure construction plan; or
(2) Pursuant to a grading permit approved by the Planning Commission.
(C) Tree survey/conceptual tree preservation and protection plan. As part of the application required for a grading permit, site plan, preliminary plat, or subdivision infrastructure construction plans, the applicant shall submit a tree preservation plan with the following information:
(1) Current aerial photo depicting existing tree canopy cover and percent of site under existing tree cover with linework showing the extent of tree canopy cover;
(2) Tree save area(s) with acreage labeled for each noncontiguous area;
(3) The exact location, health, and size of all specimen trees and whether they will be preserved or removed; and
(4) Existing trees to be counted towards meeting the minimum tree planting requirements of the Zoning Ordinance.
(5) The plan shall also illustrate utilities, rights-of-way, easements and grading contour lines. When new trees are required to meet the minimum tree planting requirements of the Zoning Ordinance, a landscaping plan shall be provided pursuant to § 151.311, Site Plan Review. This plan must indicate the location, species, and size of new trees and existing trees to be preserved.
(D) Tree protection during construction. All specimen trees in a tree protection zone, the perimeter of tree save areas, or trees to be counted towards the tree density requirement, shall remain in place from the time of the preconstruction meeting until the final subdivision plat is recorded. The critical root zone (CRZ) of such trees shall be protected. A preconstruction meeting shall not be held until the tree protection fencing is in place and field-verified by staff.
(`00 Code, § 11-1603) (Am. Ord. 2020-11, passed 12-13-21)