Section
17-51 Purpose
17-52 General policy
17-53 Application and exemptions
17-54 Tree protection plans
17-55 General criteria for tree conservation in all new developments
17-56 Buffer criteria
17-57 Density variances and appeals
17-58 Provisions for residential projects
17-59 Provisions for public recreation, industrial, commercial, retail, and institutional projects
17-60 Density units for planted trees
17-61 Density unit credits for preserved trees
17-62 Definitions
17-63 Violationscivil penalties and enforcement
Appendix A Recommended tree list
The purpose of this article is to mitigate the adverse effects of the loss of trees in Greenville County occurring as a result of residential, commercial, institutional and industrial land development practices. The intent of this article is to protect the rights of all citizens and property owners by insuring that a reasonable and prudent policy of conservation and replenishment of tree cover is applied during the process of land development.
Trees and tree cover provide positive benefits to all residents of Greenville County. Healthy trees reduce air, water, and noise pollution, provide energy-saving shade and cooling, furnish habitat for wildlife, enhance aesthetics and property values, and are an important contributor to community image, pride, and quality of life. The loss of trees and tree cover associated with mass grading and of other development practices can negatively impact human health, environment quality, the overall quality of life and general property values. The loss of trees and tree cover resulting from development practices can have adverse affects on air quality, water quality, stormwater runoff, property values, business revenues, scenic quality, urban design, human health and well-being, outdoor recreation, forest products, and wildlife.
(Ord. 4173, passed 1-22-2008)
It is the policy of Greenville County to protect and preserve established healthy trees where possible and practical; to require the planting of trees to replace the trees lost due to development; to require reasonable maintenance after planting; and to provide public education on the benefits of trees, tree conservation, and tree care.
(Ord. 4173, passed 1-22-2008)
(A) Application. The provisions of this article shall apply to all new development except that land disturbing activity that disturbs less than one acre of land, is not part of a larger common plan development, does not fall under the NPDES Industrial Stormwater Permit, or does not create a peak flow increase of greater than one cubic foot per second. For purposes of this article, “new development” is defined as any development for which a grading permit is required, with the exception of a “simplified grading permit”, after the effective date of the article. Developments with Planning Commission approval on the effective date of the article are exempt from the requirements of this article if development activity is commenced within two years of the approval of this article.
(B) Exemptions. This article shall not apply to individual dwelling lots, farms, undeveloped acreage, agricultural acreage, existing commercial or industrial properties, or any other real property that is not being developed (or redeveloped), substantially changed, or subdivided as described in division (A) above.
(Ord. 4173, passed 1-22-2008)
Tree Protection Plan (TPP) is a plan of the same scale as, and superimposed on a development site plan or preliminary plat, that indicates the Root Protection Zone of all trees to be protected or preserved on a development site. TPP shall locate and identify by species and size those trees that are to be protected during land disturbance (development) activities for the purpose of using the protected trees to comply with the “tree density units” required by this article. No existing tree can be used for “tree density credit” unless it is shown on a TPP that has been approved by the County under the terms and conditions of this article.
A TPP is required if the developer is going to use tree credits for existing trees. A TPP is not required if the developer is not going to use existing trees for tree credits and/or is going to mass grade the parcel of land being developed. The developer shall submit a TPP prior to any grading or clearing activities and the issuance of a grading permit. The tree protection plan, when required, along with the approval letter from the County, shall be submitted with the grading permit application.
When required, a TPP will be prepared after the proposed land development plan has been given preliminary approval by the appropriate governing authority. This allows the TPP to identify those areas where trees that will be subject to removal based on the development plan as well as those trees that are the best candidates for being saved and used to meet tree density requirements. Trees that are in floodplains, undevelopable areas on the property and required stream buffers do not have to be located or identified on the TPP unless they are being used to meet the minimum “tree density units” for the acreage requirements in §§ 17-58 and 17-59.
The TPP shall show the required tree protection areas for the trees to be saved and used for tree unit credit. Upon receipt of a Tree Protection Plan, the County will review the plan for compliance with the density units and tree protection measures within 15 calendar days of receipt. If the submitted TPP does not meet the technical requirements of this article, staff will ask the developer for additional information or a revised plan.
If during the review process, it is determined that specimen or heritage trees are on the site and are in areas that are to be part of the land development activity, the developer may be asked to consider minor redesign of the development plan for the purpose of saving the heritage or specimen tree(s). Upon approval by the County, a saved Heritage or Specimen tree will receive 2.0 times the credits published in § 17-61 for the DBH of the tree being saved.
As an incentive for a developer to preserve trees and exceed the required tree density unit credit by 10% or more, the developer may be awarded financial and administrative incentives by the County (for example, expedited permitting and/or a 2% density bonuses for each 10% density overage up to 10% total bonus). Developers who incorporate approved land use conservation practices to protect tree roots, reduce run-off and erosion, and to increase water infiltration using pervious pavement and rain gardens, may be allowed to reduce curbs and gutters, stormwater pipes and inlets, receive a variation on retention ponds and other drainage abatement practices.
(Ord. 4173, passed 1-22-2008)
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