(A) Intention. This section is intended to regulate the clearing or removal of woody vegetation of land within the city for the purpose of preserving the aesthetic appeal of the cityscape, prevent the creation of potential fire hazards, and to define the responsibility for removing cleared vegetation and woody debris. This section is not intended to prohibit agricultural, silviculture, horticulture or nursery operations within the city.
(B) Exemptions. The regulations set forth herein shall apply to all real property within the city limits of Dillon, subject to the following exemptions as noted below. Application for exception must be made to the Office of Code Enforcement for the city prior to the commencement of operations.
(1) Residential Exemption. Lots equal to or less than one (1) acre that are zoned Single-Family Residential or Single and Two-Family Residential or used exclusively for single-family detached or duplex dwelling, shall be exempt.
(2) Agricultural Exemption. Bona fide agricultural operations to clear land for the purpose of conversion to agricultural operations are exempt, provided such activity is included in a Conservation Plan written by the National Resource and Conservation Service (NRCS).
(3) Silvicultural Exemption. Bona fide forest management operations to harvest trees and to subsequently prepare the site fore reforestation are exempt, provided:
(a) Such activity is in compliance with current Best Management Practices (BMP’s) for the activity.
(b) Such activity is included in a Forest Management Plan written by a S.C. Registered Forester or a Woodland Conservation Plan written by the NRCS. In the case of clear-cut timbering operations, the Forest Management Plan shall also include provisions for reforestation to acceptable forest management standards by planting or natural regeneration methods within three (3) years following the clear-cutting operation.
(c) The land on which the activity is conducted is currently classified for agricultural use valuation by Office of the Tax Assessor for Dillon County and has been so classified for the previous two years.
(d) All dead or dying trees over four (4) inches DBH within the property shall be felled in place or safely removed.
(e) Where clear cutting is involved, a fifty (50) foot border of undisturbed live vegetation and trees is maintained along public right-of-way. Dead or dying trees are to be pulled, felled or otherwise removed to the tract or parcel interior, away from the fifty (50) foot border area.
(4) Wetlands Mitigation. The mitigation of wetlands pursuant to a development order or approved plan from, and the requirement of, the Army Corps of Engineers and/or any other S.C. government body administering the regulation of wetlands shall be exempt from this section.
(5) Commercial Nursery Operations. Clearing land related to operations to grow, maintain, and produce plants and trees for commerce are exempt from this provision provided such operation meets the current zoning requirements.
(6) Airports. Clearing land for the purposes of providing safe clearance for aircraft as required by federal law or the establishment of facilities exclusively dedicated to safety of aviation operations are excluded from this section.
(7) Utilities. Land clearing for the purpose of constructing and maintaining easements or facilities for water, sewer, electricity, gas, drainage, telephone or television transmissions or right-of- way shall be exempt from the provisions of this section.
(8) Other Considerations. Nothing in this section shall be construed to prevent the cutting, trimming, maintenance and removal of trees or woody vegetation for the purpose of eliminating, reducing, or mitigating hazards to public safety.
(C) Site Clearing Restrictions.
(1) Any property of greater than one (1) acre in size that is cleared of all vegetation must be approved by the Department of Code Enforcement for the city prior to the commencement of land clearing operations.
(2) All cleared vegetation must be removed from the site or mulched in place within six (6) months following the site clearing operation. The Department of Code Enforcement may grant an extension of no more than three (3) additional months at its discretion.
(3) The expense of removal, disposal, or mulching of cleared material shall be the responsibility of the clearing contractor.
(4) No piling or windrowing of cleared debris shall be permitted.
(5) Removal or demolition of structures shall be made in compliance with existing ordinances.
(6) Any residual trees in unhealthy or difficult to maintain condition that would likely constitute a hazard to the public are to be felled, mulched or removed.
(7) Heritage trees with the tract or parcel and trees growing within the vegetation areas of bordering public right-of-way are subject to the City Tree Ordinance.
(Ord. 08-17, passed 7-14-2008)