(A) General.
(1) Findings. Trees are an essential natural resource, an invaluable economic resource, and a priceless aesthetic resource. Trees play a critical role in purifying air and water, providing wildlife habitat, and enhancing natural drainage of storm water and sediment control. They also help conserve energy by providing shade and shield against noise and glare. Trees promote commerce and tourism by buffering different land uses and beautifying the landscape. The tree protection and preservation regulations of this section are intended to enhance the health, safety, and welfare of the citizens of the town.
(2) Applicability and exemptions.
(a) Applicability. The provisions of this section in their entirety shall apply to all real property in the town, except as expressly exempted.
(b) Exemptions.
1. Single-family detached residential lots of record shall be exempt from all provisions in this section except for the grand tree documentation, protection, and replacement provisions. This exemption does not include protected trees in major subdivisions or applications for major or minor subdivisions for which landscape buffers may be required per § 153.335(D).
2. The Zoning Administrator shall be authorized to modify or reduce the standards of this section for commercial nursery operations.
3. This section shall not restrict public utilities and electric suppliers from maintaining safe clearance around existing utility lines and existing easements in accordance with applicable state laws. Siting and construction of future and existing gas, telephone, communications, electrical line, or other easements shall not be exempt from any provisions of this section.
4. Removal of trees for the purpose of conducting bona fide forestry operations shall be exempt from the provisions of this section except for removal of live oak species of grand trees.
5. Removal of trees for the purpose of establishing bona fide agricultural uses, as specified in § 153.047(B)(1) of this code, shall be exempt from the provisions of this section except for the grand tree documentation, protection, and replacement provisions.
6. Removal of trees for the purposes of maintaining safe clearance for aircraft as required by federal law or the establishment of facilities exclusively dedicated to aviation operations on property owned or leased and in use by the County Aviation Authority will be exempt from the provisions of this section.
7. All invasive tree species as referred by Clemson Extension and the South Carolina Exotic Pest Plant Council shall be exempt from all provisions of this section.
(3) Definition of tree removal. For the purpose of this section, the term TREE REMOVAL shall include, but not be limited to, damage inflicted to the root system by machinery, girding, storage of materials and soil compaction, changing the natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus infection or pest infestation; excessive pruning; excessive thinning; paving with concrete, asphalt, or other impervious material within such proximity as to be harmful to the tree; or any act of malicious damage to a tree. Excessive pruning or thinning shall be pruning or thinning that exceeds more than 25% of the leaf surface on both the lateral branch and the overall foliage of a mature tree that is pruned within a growing season. Additionally, one-half of the foliage of a mature tree is to remain evenly distributed in the lower two-thirds of the crown and individual limbs upon completion of any pruning.
(4) Measurements and definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CALIPER. The diameter of a tree trunk measured six inches above the ground on trees with calipers of four inches or less. For trees between four inches and 12 inches caliper, the trunk is measured 12 inches above the ground.
DIAMETER BREAST HEIGHT (DBH). The DIAMETER BREAST HEIGHT (DBH) of a tree is the total diameter, in inches, of a tree trunk or trunks measured four and one-half feet above existing grade (at the base of the tree). In measuring DBH, the circumference of the tree shall be measured with a standard diameter meter, and the circumference shall be divided by 3.14. If a tree trunk splits at ground level and does not share a common base (separated by earth at natural base), then each trunk shall be measured as a separate tree. If a multi-trunk tree splits below the four and one-half foot mark, all trunks shall be measured separately added together and count as one tree. Any trunk measuring less than eight inches DBH is not included in the calculation.
GRAND TREE. Any species of tree measuring 24 inches or greater diameter breast height (DBH) except pine and sweet gum. All GRAND TREES are prohibited from removal unless a grand tree removal permit is issued.
PROTECTED TREES. Any tree on a parcel with a diameter breast height of eight inches or greater prior to development and all trees within required buffers or required landscape areas. Limited removal is allowed only when specified by the provisions of this chapter.
(B) Administration.
(1) Zoning permit required.
(a) Tree removal. Removal of required trees is prohibited prior to the issuance of a zoning permit by the Zoning Administrator. Zoning permits will be issued only after a tree plan is approved by the Zoning Administrator as outlined below.
(b) Excess canopy (limb) removal.
1. Removal of three or more limbs with an individual diameter of six inches or greater shall require a zoning permit.
2. Removal of any size limbs which contribute to more than 100 continuous linear feet of canopy over public roadways shall require variance approval from the Board of Zoning Appeals. This requirement shall not preclude the SCDOT, CCPW, or other entities from maintaining height clearances of 14 feet or less and width clearances within designated travel ways and from removing unprotected trees along rights-of-way for road widening projects.
(2) Documentation. Tree plans, prepared by licensed registered surveyor, civil engineer, or landscape architect, shall be required on all non-exempt parcels before any permits are issued.
(C) Tree plans and surveys.
(1) General. Tree plans of the same scale as, and superimposed on, a development plan or preliminary plat shall include location, number, size (DBH or caliper), and species with a scaled graphic representation of each grand tree, canopy size and shape, and the trunk location. All required tree surveys shall include the name, address, signature, and seal of a licensed surveyor, landscape architect, or civil engineer registered in the state. The survey shall include all trees to be protected or preserved and those scheduled to be removed, including dead and damaged trees. In cases where a landscape architect, civil engineer, forester, or surveyor utilizes previously approved recorded plats prepared by surveyors for the purpose of showing a tree plan, the name, address, signature, and seal of the licensed landscape architect, civil engineer, forester, or surveyor registered in the state, who shall be responsible for the accuracy of the information provided, shall be included on the tree survey. A scaled infrared or high resolution black and white aerial photograph or print of equal quality may be substituted in cases where the Zoning Administrator determines that it would provide the same information as a tree plan. However, all grand trees within 40 feet of proposed construction and land disturbance areas and trees within required buffers must be surveyed and mapped.
(2) Major and minor subdivisions preliminary plats. Refer to § 153.305(B)(4), Preliminary plat application, in the subdivision regulations of this chapter.
(3) Commercial, industrial, multi- family and major subdivisions. All tree surveys must show the location, number, size, and species of all trees eight inches or greater DBH (diameter breast height), including those scheduled to be removed. When there are no trees eight inches or greater DBH, documentation of this fact shall be provided from a registered surveyor, engineer, or landscape architect.
COMMENTARY: Assistance in tree identification and condition should be provided by a forester or qualified arborist. |
(4) Single-family detached residential parcels. Single-family detached residential parcels shall show all grand trees within the area of construction and land disturbance and in conjunction with the subdivision regulations of this chapter at the time a zoning or building permit application is made.
(D) Required tree protection.
(1) General.
(a) All grand trees and any other trees required to remain on a site as outlined in this chapter must be protected during construction and development of the parcel. Tree protection must be shown on all development plans prior to site plan approval. A site inspection of the tree barricades must be scheduled by the applicant with the Planning/Zoning Department for approval prior to the issuance of permits or the start of development activities.
(b) Prior to commencement of development activities, a pre-construction planning conference for tree preservation shall be held on-site with the Zoning Administrator’s representative, the applicants, and any parties deemed appropriate for the purpose of determining if there is a need for additional tree protection techniques and for designating placement of tree barricades, construction employee parking, temporary construction office, and dumpster.
(2) Tree protection during development and construction. Protective barricades shall be placed around all required trees in or near development areas on all zoning parcels, including residential, as approved by the Zoning Administrator, prior to the start of development activities. These barricades, constructed of wood or plastic fencing or other approved materials, shall be erected in accordance with standards provided by the Zoning Administrator and placed beneath the canopy drip-line or 1.5 feet times the DBH of the tree. Other protective devices or construction techniques may be used as approved by the Zoning Administrator. The barricades shall remain in place until development activities are complete. The area within the protective barricade shall remain free of all building materials, dirt, fill, or other construction debris, vehicles, and development activities. All required trees are also subject to the provisions of § 153.335(F) of this code and subject to the enforcement criteria of §§ 153.375 through 153.383 and 153.999.
(3) Partial exception for limited clearing. Limited clearing and grubbing may be authorized by the Zoning Administrator prior to the installation of protective tree barricades on sites that exhibit unusually heavy undergrowth where access to the interior of the site and its protected trees would be otherwise highly impractical; if permitted, this clearing shall be done by hand with hand tools or gas powered push type or walk behind equipment designed for brush and undergrowth clearing. Under no circumstances will metal tracked bulldozers, loaders, or similar rider/operator types of equipment be allowed on the site until the protective barricades are erected and a zoning permit is issued.
(4) Separation of trees from pavement, grading, and structures. Paved areas shall be separated from trees by a minimum distance of the drip-line or one and one-half times the DBH or as modified by the Zoning Administrator as deemed necessary to protect the root system of the tree. Paved areas shall not constitute more than 25% of the protected area beneath a tree. Any paving, grading, trenching, or filling within the remaining 75% of the protected area must be approved by the Zoning Administrator and may require specific construction techniques be used in order to preserve the health of the tree. Refer to § 153.343 for examples. When grading and construction within the protected area of a tree has been approved, all damaged roots shall be severed clean and inspected by the Town Landscape Architect or Inspector prior to the receipt of a zoning permit.
(5) Quantity and location of trees to be protected.
(a) Before the issuance of a zoning permit for commercial, industrial, multi-family, civic/institutional uses and major subdivisions, the following number of trees with a diameter breast height of eight inches or greater shall be preserved and protected in accordance with the provisions of division (D)(2) above. All trees located within required buffers as outlined in § 153.335.
1. Twenty trees per acre; or
2. Any number of trees with a combined diameter breast height of at least 160 inches per acre.
(b) Required drainage improvements such as detention and retention ponds and wetlands may be subtracted from the area used to calculate tree preservation requirements.
(E) Tree removal.
(1) Generally. Permits for tree removal may be approved where one or more of the following conditions are deemed to exist by the Zoning Administrator:
(a) Trees are not required to be retained by the provisions of this section;
(b) Trees are diseased, dead, or dying (as determined by the Zoning Administrator or a qualified arborist);
(c) Trees pose a safety hazard to nearby buildings or pedestrian or vehicular traffic (as determined by the Zoning Administrator or a qualified arborist); and/or
(d) Removal of grand trees has been approved by the Board of Zoning Appeals.
(e) The location and configuration of protected trees required by this section create an unreasonable burden on the use of the parcel and protected trees removed will be replaced and/or mitigated according to a schedule determined by the Zoning Administrator.
(2) Variances. Grand trees that do not meet the above criteria may be removed only where approved by the Board of Zoning Appeals, and shall be replaced according to a schedule determined by the Zoning Administrator.
(3) Emergency provisions. In the event that a tree poses a serious and imminent threat to public safety due to death, disease, or damage resulting from emergencies including, but not limited to, fires, flooding, storms, and natural disasters, the Zoning Administrator may waive requirements of this section. Documentation must later be submitted for review outlining the threat to public safety which initiated the removal. Documentation must include any written findings by a qualified arborist and photographs supporting the tree removal emergency. The Zoning Administrator may require replacement of required trees that are removed where it is determined that death or disease resulted from negligence.
(F) Tree replacement.
(1) Generally. Tree replacement shall be required accompanying development on all non- exempt properties in the manner described below.
(a) When replacement canopy trees are required in fulfillment on the requirements of this section, they shall be no smaller than two inches caliper.
(b) The Zoning Administrator is empowered to require trees of larger caliper as determined appropriate for site-specific conditions and the circumstances, lawful or illegal, under which removal occurred.
(2) Protected trees removed in violation. When trees of eight inches DBH or greater have been removed in violation of this chapter,the trees shall be replaced and/or mitigated according to a replacement schedule approved by the Zoning Administrator.
(3) Sites with less than 160 inches per acre combined DBH. When lots lack a sufficient number of trees to meet the requirement for DBH/number of trees per acre, all trees six inches DBH or greater shall be preserved and protected in accordance with division (D)(2) above during development and must equal no less than 40 inches per acre combined DBH. On lots with less than 40 inches per acre combined DBH, additional trees shall be planted on the lot equaling or exceeding 40 inches per acre combined DBH. Planting schedules shall be approved by the Zoning Administrator.
(4) Previously cleared sites. Where sites were completely cleared of trees prior to adoption of this section or have been cleared subsequently for activities exempted from this section, replacement trees shall be planted, the combined caliper of which equals or exceeds 40 inches per acre. Replacement schedules, including number, species, caliper, and placement shall be approved by the Zoning Administrator.
(5) Tree Fund. The Tree Fund is a fund established to receive monies exacted from tree removal violations fines to include, but not limited to, removal, damage, destruction, or as defined in division (A)(4) above, and as a form of mitigation when planting of the required trees is determined to be detrimental to the overall health of existing trees or impractical for the intended site design. The Zoning Administrator shall impose a tree mitigation fee based on the current market retail value of two- to three-inch caliper trees installed to the American Association of Nurserymen Standards. If the applicant disagrees with the amount of the tree mitigation fee imposed, he or she may file appeal with the Board of Zoning Appeals in accordance with the provisions contained in this chapter. All tree mitigation fees collected shall be paid to the town and placed in an account established for public beautification through the planting and maintenance of trees on James Island.
(6) Bankruptcy or abandonment of site. When trees have been removed through an approved mitigation program and the project will not be completed for any reason, i.e., bankruptcy, abandonment, change in ownership, and the like, the owners of the subject property are responsible for the mitigation of the removed trees as outlined and agreed or subject to division (F)(5) above.
(Ord. 2012-06, § 9.4, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013; Ord. 2014-08, passed 8-21-2014; Ord. 2014-12, passed 11-20-2014; Ord. 2016-01, passed 4-21-2016; Ord. 2016-06, passed 7-21-2016)