(A) Retention of protected trees. No protected tree may be removed during or after development, except in accordance with § 166.01-03(C), Removal of a Protected Tree. In addition, all protected trees shall have the following protections, whether located on public or private land:
(1) Cutting, removal, or harm prohibited. Protected trees shall not be cut, removed, pushed over, killed, or otherwise harmed. No protected tree shall be cut in such a manner as to remove limbs greater than six inches in diameter measured at the nearest juncture.
(2) Public utilities and electric suppliers. Public utilities and electric suppliers shall employ best management practices in regard to tree trimming and removal.
(a) Annually, public utilities and electric suppliers shall submit to the city their plans for tree trimming and/or tree removal. All plans must meet ANSI A300 Standards.
(b) Tree trimming and removal by utilities, other than the removal of healthy, nonthreatening trees, shall be allowed without a report during a period of emergency, such as hurricane, tornado, ice storm, flood or any other such act of nature.
(B) Retention of non-protected trees. In no case shall the total number of trees with 12-inch DBH or greater, whether protected or non-protected, be reduced to less than 12 trees per acre excluding palmetto trees. This requirement may be satisfied by the retention of non-protected trees or the planting of new shade trees as identified by the South Carolina Forestry Commission.
(C) Removal of a protected tree. The Building Official shall allow removal of protected trees under one of the following conditions:
(1) Removal of a severely diseased, high risk, or dying tree. A protected tree is certified by an ISA certified arborist or SC registered landscape architect arborist certified in the State of South Carolina as severely diseased, high risk, or dying. A severely diseased, high risk, or dying protected tree shall be exempt from § 166.01-03(E), Replacement/Mitigation of Trees.
(2) Removal on single-family lots. A healthy protected tree is located within the footprint of a proposed dwelling, onsite waste water system, or the access thereto, provided the arrangement of such features is the least impactful to protected trees, and the landowner complies with all mitigation standards.
(3) Removal of hazardous trees. A protected tree is certified by an arborist or other qualified professional as posing a threat to public safety or to the safety of a structure. A hazardous tree shall be exempt from § 166.01-03(E), Replacement/Mitigation of Trees.
(D) Removal of non-protected trees. Any tree that is not listed in Table 166.02, Protected Trees, may be removed from a lot without cause. A person removing a healthy non-protected tree with at least 12-inch DBH shall be responsible for mitigation in accordance with § 166.01-03(E)
(E) Replacement/mitigation of trees. A person causing the destruction or removal of a healthy tree shall be responsible for the following mitigation:
(1) Replacement trees required. Each healthy protected or non-protected tree removed or destroyed shall be replaced with the minimum number of trees necessary to achieve an equivalent amount of trunk diameter.
(a) For protected trees with DBH greater than 18 inches, the replacement trees required shall be a minimum number of trees necessary to achieve an equivalent amount of trunk diameter equal to 1.5 times the diameter of those trees removed or destroyed.
(b) For protected trees with DBH greater than 24 inches, the replacement trees required shall be the minimum number of trees necessary to achieve an equivalent amount of trunk diameter equal to two times the diameter of those trees removed or destroyed.
(2) Replacement of protected trees shall be of the same species as the tree removed or an accepted shade tree species as identified by the South Carolina Forestry Commission. Replacement of non-protected trees shall be from trees listed in Table 166.02.
(a) Location of replacement trees. Replacement trees shall be either planted on the parcel of land from which the protected tree was removed if sufficient space is available, placed on nearby public lands in accordance with § 166.02-08, Alternative Landscaping Plan, or substituted with fee-in-lieu to the city’s Tree Fund.
(b) Replanting period. Replacement trees shall be provided within 12 months of the removal or destruction of the protected tree(s). For those trees removed for the purpose of new construction or substantial improvement to a structure, replacement trees shall be provided prior to the issuance of a certificate of occupancy.
(c) Establishment period. Replacement trees shall be maintained through an establishment period of at least two years. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs (See § 167.03, Performance Agreements). If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees.
(3) Mitigation for the removal of protected and non-protected trees may be satisfied by the payment of a fee in lieu of mitigation.
(a) The value of the fee in lieu of mitigation shall be determined by the computing the average of two written quotes for cost of replacement trees required in § 166.01-03(E). For non-protected trees, the fee shall be calculated on written quotes for the species of tree being removed. The written quotes will be provided by the applicant and sourced from a person with credentials acceptable to the Zoning Administrator.
(b) A fee in lieu of mitigation must be paid at the time of application for a permit to remove a protected tree or at the time of payment of any fine related to unlawful removal or destruction of a protected tree.
(c) All fees in lieu of mitigation for the removal of protected trees shall be placed in the Folly Beach Tree Fund.
(Ord. 05-10, passed 3-23-10; Am. Ord. 20-10, passed 9-28-10; Am. Ord. 29-12, passed 3-12-13; Am. Ord. 19-13, passed 12-10-13; Am. Ord. 25-16, passed 1-10-17; Am. Ord. 029-21, passed 12-14-21)