No land, building or structure, including signs, shall be used or occupied, and no building or sign shall be constructed, altered or moved, unless in conformity with the regulations herein specified for the particular zoning district. When proposed development lies adjacent to an established area of the city, the design, scale and location of structures or landscaping on the site shall enhance rather than detract from the character, value and attractiveness of the established surroundings.
(A) Preservation of natural environment. The intent of this section is to preserve the natural environment and existing trees to the maximum extent possible, prevent the unregulated clear-cutting of trees and natural vegetative cover and provide for the inclusion of natural trees in the landscape requirements of this chapter.
(B) Trees on undeveloped lots. On undeveloped lots, parcels, tracts and acreage in any district, it shall be unlawful to fell any tree measuring four inches in diameter (measured four and one half feet above grade), or otherwise commence development, clearing, grading, filling or excavation until the Administrator has approved the appropriate permit. (See §§ 151.061(C) and 151.999.)
(C) Clear-cutting prohibited. The clear-cutting of trees and vegetative cover on any lot, parcel, tract or acreage in any district is specifically prohibited.
(D) Removal of trees in public rights-of-way. In all zoning districts, the removal or cutting of trees in public rights-of-way (federal, state or local) shall not be permitted except by governmental entities or with the permission of governmental entities.
(E) Tree conservation.
(1) Authority and power. Pursuant to Objective Seven of the Natural Resources Element of the Comprehensive Plan, and recognizing the importance of preserving the natural landscape of the city as a way to promote the public health, safety and general welfare of its citizens, the Council hereby adopts the tree conservation section of this chapter. All developments and uses proposed within the Commercial and Industrial Districts of the city (BPO, NC, RC, GC, CI, LI, GI and PD) and all development and uses proposed on undeveloped parcels and tracts in residential districts (R1, R-2, R-3 and PD) shall be subject to the procedures, standards and guidelines specified in the following sections, in addition to those standards pertaining to the particular zoning district in which the development occurs.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
DIAMETER AT BREAST HEIGHT (DBH). The height at which the diameter of a tree is measured, a height of four and one half feet above the ground level.
GRAND TREES. Trees at least 24 inches DBH, except pine and sweet gum trees.
PROTECTED TREES. Trees at least eight inches DBH, except pine and sweet gum trees.
TREE. A woody perennial plant having a single or multiple elongated main stem (trunk) and height of that particular species. Trees are distinguished from shrubs by having comparatively greater height and, characteristically, single or multiple trunks. Common trees, when planted, shall have a minimum of two and one half inch caliper.
TREE, CALIPER. American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for and up to and including four inch caliper size, and 12 inches above the ground for larger sizes.
TREE, CANOPY. The over story of a tree area that forms the top layer or the above-ground parts of a tree, consisting of the branches, stems, buds, fruits and leaves. Also referred to as a "crown". Examples of trees include oaks, elms, hickories, maples, poplars and others.
TREE, DIAMETER AT BREAST HEIGHT (DBH). The diameter in inches of a tree trunk measured four and one half feet above grade. For trees with multiple trunks, the diameter shall be the sum of the diameters of the two largest trunks. Diameter is calculated as the circumference measured in inches divided by 3.14 (n).
TREE, DRIP LINE. The outermost perimeter of a crown of a tree projected vertically to the ground.
TREE, REMOVAL OF.
1. Any intentional or negligent act causing a tree to decline and die within a period of one year from the act as determined by the city, including but not limited to, damage inflicted upon the root system of a tree by application of toxic substances, the operation of machinery or the change of natural grade by excavation or filling;
2. Damages from injury or fire inflicted on trees that result in, or permit pest infestation; and
3. Purposeful felling of trees using best management practices; in accordance with this chapter and following approval granted by the city.
(3) Benefits and values of trees. The city recognizes that trees are an essential natural resource, an invaluable economic resource and a priceless aesthetic resource. The city acknowledges that trees play a critical role in, and have the following benefits and values:
(a) Improve air quality by absorbing carbon dioxide, returning oxygen into the air, increasing filtration of dust and fumes, and absorbing emitted exhaust gasses;
(b) Reduce water pollution by filtering impurities;
(c) Increase ground water recharge by absorbing rainwater;
(d) Reduce noise pollution by blocking and masking noise, thereby serving as noise buffers;
(e) Reduce glare by blocking headlights and reflected sunlight from vehicles;
(f) Prevent soil erosion and improve stormwater management by holding soils with their root systems, thereby slowing stormwater runoff and minimizing flooding;
(g) Conserve energy by providing shade, reducing heat levels and the formation of smog;
(h) Beautify and enhance improved and undeveloped land by buffering incompatible land uses, breaking up hard edges of buildings and hiding unsightly views;
(i) Improve the appearance of the city by providing greenery and a variety of colorful foliage in an urban environment, thereby preserving the small town character of the city and promoting civic pride and identity;
(j) Establish and preserve scale and spatial identity;
(k) Provide focus points for entrances and exits, thereby providing pleasant transitions for developments;
(l) Improve property values and sales by their proven marketability;
(m) Provide and preserve recreational settings for wildlife habitat by providing food, nesting sites and shelters;
(n) Promote commerce and tourism;
(o) Improve city-wide economic impact by improving the quality of life; and
(p) Improve the physical well-being and emotional health of citizens of the city.
(4) Intent and purposes. The city acknowledges that there is continuing intense development inside the city, and the intense development sometimes results in the unnecessary or unreasonable removal of trees and vegetation. The intent of this section is to promote the preservation, protection and conservation of trees, and to further the goals and objectives of the Comprehensive Plan of the city. To that end, the city intends to achieve the following purposes through the tree protection section of this chapter:
(a) Recognize the importance of trees and other landscaping and their various contributions;
(b) Encourage the proliferation of trees and other landscaping as well as their replacement;
(c) Maintain the environment and aesthetic benefits that trees provide;
(d) Promote and increase property value and economic development through the benefits of trees;
(e) Improve the quality of life by ensuring adequate light, air and open space, and by conserving energy;
(f) Prevent the unnecessary removal and indiscriminate cutting of trees while allowing for reasonable and economical development of land;
(g) Promote a positive identity of the city which is necessary for successful businesses and industries to continue;
(h) Recognize the individual rights to develop private property in a manner which will not be prejudicial to the public interest;
(i) Encourage creativity in tree protection, planting and maintenance, and not to increase monotony;
(j) Preserve scenic beauty and provide a sense of scale, color, silhouette, and mass to the city;
(k) Prevent erosion of topsoil for developments;
(l) Protect developments against flood hazards and landslides;
(m) Add beauty to the city by softening the harshness of the urban environment;
(n) Help to reduce the negative effects of noise and glare;
(o) Provide a protective physical and psychological barrier between pedestrians and traffic; and
(p) Promote the appreciation and understanding of the benefits and values of trees to the citizens of the city.
(5) Tree removal. Removal of any tree(s) with a diameter breast height (DBH) of eight inches or more shall be permitted only for the following reasons:
(a) The tree is diseased, dying or dead;
(b) The tree poses a safety hazard, or is in violation of § 151.009;
(c) The tree is designated for removal on an approved site development plan or tree survey;
(d) It is in the interest of good forestry management;
(e) An emergency situation such as an act of nature. The city reserves the right to review the extent of tree removal and take the appropriate action after the effects of the emergency situation;
(f) Proposed site grading shall minimize the removal of trees and soil erosion as much as possible; and
(g) The city is fully aware of the circumstances surrounding the removal of trees for any other reasons than the above-mentioned. Please contact the Planning Director.
(6) Site or land clearing. An applicant shall file, in letter form, a request for the clearing of land, property or parcel prior to any clearing activities. A site plan highlighting the areas to be cleared and areas of trees to be saved shall accompany the clearing request. Substantial interest in the development of the proposed project or phases of the project shall be shown prior to the city's approval of a land clearing request. The intent is to prevent a situation from occurring whereby the land has been cleared and the development of the proposed project does not materialize. An applicant may underbrush and remove trees less than four inches DBH in order to develop a tree survey. The Planning Director must be notified of the intent prior to the under brushing and the removal of the trees.
(7) Tree survey. A tree survey is required prior to any new development or substantial redevelopment, or when the Planning Director deems it necessary. The following information shall be shown on a tree survey:
(a) Name, phone number, address, signature, and seal of a licensed surveyor, landscape architect, or civil engineer registered in the State of South Carolina;
(b) Tree survey clearly identifying the location and species of protected and grand trees and whether those trees are to be preserved, relocated, or removed;
(c) The boundaries of the proposed development, including the different phases of development;
(d) The boundaries of the buildable areas, and any proposed structures and parking areas;
(e) The location, species and DBH of trees eight inches or greater DBH;
(f) For sites greater than ten acres, the survey may consist of all grand trees for the entire site and a detailed sample survey of at least one acre that is representative of the majority of the site. For the purposes of determining mitigation, the detailed sample will be considered in determining the number of protected trees per acre;
(g) Tree protection methods and specifications;
(h) Trees shall be true to name and variety established by the American Joint Committee on Horticultural Nomenclature “Standardized Plant Names”;
(i) Any other information as deemed necessary by the applicant or by the Planning Director.
(8) Tree preservation. Existing trees identified on the site of a new development or redevelopment should be preserved rather than mitigated. The locations of buildings, parking, stormwater management devices, utilities, and other appurtenances should be determined taking into consideration the existing natural environment, and specifically the retention of existing trees. For subdivisions, the siting of a lot so as to place a grand tree at or near the center of a lot in a location that will require the removal of the grand tree for construction of a dwelling unit, shall be prohibited.
(9) Tree protection. The city expects that the following tree protection methods shall be followed. The intent is not to have the city hire an arborist in order to enforce any section of this chapter. It is the responsibility of every applicant and his or her representative to conserve and protect trees according to the tree survey.
(a) Temporary protective barriers shall be erected at least up to the drip lines of trees to be saved.
1. Provide protection fencing for trees designated to remain. The fencing shall be orange safety fencing at least three feet high supported by wood or metal poles.
2. There shall be no construction, paving, operation of equipment or vehicles, or storage and dumping of materials within this protected zone. Where grading must occur, trees shall be protected.
3. Temporary protective barriers shall be maintained until the issuance of the certificate of occupancy.
4. No fill material shall be placed within the drip line of any tree in excess of acceptable level for the particular species.
5. Landscaping activities taking place after the removal of temporary protective barriers shall be accomplished with light machinery or by hand.
6. The Planning Director shall be notified prior to any deviation from the above-mentioned criteria.
(b) Protected trees shall be marked with surveyor's flagging for easy identification and inspection.
(c) Corrective measures shall be taken for trees in declining health. Such measures may include:
1. Initiation of pest control measures;
2. Pruning for good forestry;
3. Fertilizing to restore vigor; and
4. Other mitigation measures as deemed necessary.
(10) Tree conditions for new planting.
(a) All trees planted shall be a minimum of two and one half inch caliper, eight to ten feet in height. If a tree splits into multiple trunks below four and one half feet, then the trunk is measured at its most narrow point beneath the split. The crown material shall be in good balance with the trunk.
(b) Trees shall be free of diseases, fungi, insect infestations, abrasions or disfigurement.
(c) Trees shall be well formed and sturdy, free of cold injury and sun scald.
(d) Lateral branching shall be plentiful and uniformly distributed. At least half of the trunk shall have lateral branches.
(e) Pruning scars shall follow proper horticultural practices.
(f) Trees shall be densely supplied with healthy, vigorous leaves of normal size, shape, texture and appropriate colors.
(g) Rooting medium shall be weed-free.
(h) Any new planting shall be done to avoid any adverse impact to the root systems of existing trees.
(i) Tree type substitutions are permitted upon approval from the Planning Director.
(j) All trees shall meet the standards of the latest edition of the American Standard for Nursery Stock sponsored by the Association of American Nurserymen.
(11) Tree planting and maintenance.
(a) All installation shall be accomplished in a sound workman-like manner, according to accepted good planting procedures with quantity and quality of plant materials described. Installation shall include, but not be limited to, planting conditions, planting methods, staking of trees, fertilizing, irrigating, pruning and tree maintenance until tree is established.
(b) Evergreens shall be planted in clusters rather than singly in order to maximize their chances of survival.
(c) The city has developed master tree plans for Highway 52 and Highway 176. Street trees shall be planted in accordance with the master tree plans, and will count toward the tree planting requirements of a development.
(12) Tree replacement, relocation and mitigation. The intent of this section is to create conscientiousness in tree conservation and protection. The objective is to retain existing trees as much as possible, replant reasonably larger trees and provide alternate methods for tree replacement. Trees shall be mitigated according to the specifications provided herein.
(a) Each protected or grand tree that is determined by the Planning Director to be hazardous, diseased or injured to the extent it is irreparably damaged shall be approved for removal. The burden of providing proof of the extent of the hazard, disease or injury shall rest with the applicant, who must provide documentation from a qualified arborist.
(b) Removal of protected trees shall be mitigated at 100%. Removal of the protected trees in accordance with an approved site development plan shall be replaced by the applicant on the property through the replanting of species approved by the city at a minimum of four inch calipers equal to the total DBH removed. Tree mitigation may occur anywhere on site, including within required buffers and landscaped areas as approved by the Planning Director. In the event that on-site mitigation is not possible due to site constraints, the Planning Director shall impose a $1,000 fee for each protected tree unable to be fully mitigated. All monetary fees shall be deposited into the city's Tree Trust Fund for the planting of trees on public properties. Existing trees four inches or greater, within the landscape buffer to be retained, may be considered in the mitigation at the discretion of the Planning Director.
(c) Removal of grand trees shall be mitigated at 100% and also subject to a $1,000 fee for each grand tree removed. Removal of the grand trees in accordance with an approved site development plan shall be replaced by the applicant on the property through the replanting of species approved by the city at a minimum of four inch calipers equal to the total DBH removed. Tree mitigation may occur anywhere on site, including within required buffers and landscaped areas as approved by the Planning Director. In the event that on-site mitigation is not possible due to site constraints, the Planning Director shall impose a fee of $4,000 for each grand tree unable to be fully mitigated. All monetary fees shall be deposited into the city's Tree Trust Fund for the planting of trees on public properties. Existing trees four inches or greater, within the landscape buffer to be retained, may be considered in the mitigation at the discretion of the Planning Director.
(d) Should tree removal occur in violation of the approved tree plan or without a plan approved by the Planning Director, the removed trees shall be replaced with twice the number of inches at DBH removed at a minimum of four inch calipers. For each inch of tree unable to be provided on site for the purposes of reconciling the violation, the Planning Director shall accept payment of a fee of $200, deposited into the city's Tree Trust Fund.
(e) A tree replacement schedule is required showing the location, species and sizes of any replacement trees to be planted.
(f) Replacement trees shall be planted on the site in the areas specified in the plans to be approved by the Planning Director. Replacement trees shall be long-lived, hardy, native and compatible with local conditions, with good aesthetic value, healthy and disease and pest free and approved by the Planning Director.
(g) If trees are to be relocated onto the development site, the applicant shall identify the original locations of the trees, as well as, submit to the city site preparations and methods used on the tree survey. Trees may be relocated provided the environmental conditions of the new location are favorable to the survival of the trees.
(h) Prior to issuance of a Certificate of Occupancy for a completed structure, the Planning Director shall provide a compliance inspection including the provisions in this chapter. It is the responsibility of the owner or agent to contact the Planning Director regarding the compliance inspection. The Certificate of Occupancy will be withheld pending verification of compliance. The Planning Director shall approve a delayed schedule for planting materials when the immediate planting schedule would impair the health of the plants. When a delayed planting schedule is approved, the applicant shall provide a bond equivalent to one and one-half times the projected cost of the planting materials.
(i) All trees planted, replanted, relocated or mitigated may count toward the landscaping requirement for trees under § 151.197. The City of Goose Creek encourages the planting of trees as an integral part of the landscaping design of a development. Tree planting shall be at least 10% of the landscape design of a project. The use of native trees is preferred.
(1985 Code, Art. V, §501) (Ord. 91-09, passed 9-10-1991; Ord. 08-004, passed 2-12-2008; Ord. 19-006, passed 6-11-2019) Penalty, see § 151.999