(A) Purpose. The regulations of this section are intended to reduce tree canopy loss and implement urban forest improvements through requirements for tree protection, tree preservation, and planting or replanting of trees, and the maintenance of existing trees within the village. The tree preservation requirements are intended to enhance the quality of life through sustainable urban forest practices and increase benefits that trees provide, including, but not limited to the following:
(1) Preservation, protection and enhancement of the natural environment;
(2) Provision of habitat for wildlife;
(3) Maintenance and improvement of the village appearance and aesthetics;
(4) Improvement of storm water runoff;
(5) Screening of noise, dust and glare;
(6) Provision of shade for cooling;
(7) Reduction of soil erosion and the increase of rainwater infiltration; and
(8) Absorption of carbon dioxide and returning oxygen.
(B) Administration. To carry out the provisions of the section, the Zoning Administrator shall have the responsibility and control over all trees and shrubbery planted or growing in or upon village property.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIAMETER AT BREAST-HEIGHT (DBH). A tree trunk diameter measured in inches at a height of four and one-half feet above the ground. If a tree splits into multiple trunks below four and one- half feet, then each trunk is measured as a separate tree. A tree that splits into multiple trunks above four and one-half feet is measured as a single tree at four and one-half feet. Diameter can be determined by dividing the circumference of the tree trunk at four and one half feet above the ground by 3.14.
HISTORIC TREE. A tree with a diameter at breast height (DBH) of 24 inches or greater. Every effort should be made to retain healthy historic trees.
PROTECTED TREE. A live tree measuring in excess of six inches in diameter at four and one-half feet above ground.
REMOVAL OF TREES. Any intentional or negligent act that shall cause a tree to decline and die, including but not limited to:
(1) Pruning;
(2) Cutting; and
(3) Damage inflicted upon the root system of a tree by application of a toxic substance, operation of machinery, change of natural grade by excavation or filling about the root system or around the trunk of a tree, or injury by fire that result in or permit pest infestation.
SIGNIFICANT TREE. A tree with a DBH of six inches or greater.
TREE REMOVAL/PRUNING PERMIT. A permit for tree removal and/or pruning issued under the provision of this section.
(D) Tree protection requirements.
(1) Jurisdiction. The regulations set forth in this section shall apply to all real property within the village limits and extra territorial jurisdiction, subject to the following exceptions: utility companies, electric suppliers, and governmental agencies in the course of construction or maintaining easements for water, sewer, electricity, gas, drainage, telephone or television transmissions, or rights-of-way.
(2) Tree removal prohibited. No person firm, organization, society, association, corporation, or any agent or representative thereof shall directly or indirectly destroy or remove any trees in excess of six inches DBH within any zoning district without permission under the provisions of this section.
(3) Application and scope. The process for applying the tree protection of this section shall be as follows:
(a) All personas desiring to prune, crop, scale or shape a protected tree(s) shall apply for a tree removal/pruning permit through the Zoning Administrator. Tree limbs of three inches or less in diameter may be pruned without a permit.
(b) The Zoning Administrator or his or her designee may issue and approve a tree removal/pruning permit.
(c) Lots that contain a majority of trees less than six inches DBH shall not be clear-cut. No more than 50% of the natural vegetation, equally balanced on the lot, can be cut regardless of the size of the vegetation. The Zoning Administrator shall base approval on the criteria listed in this subchapter.
(d) Trees shall not be topped. However, limbs may be removed for improving views as long as the health of the tree is not damaged. Detrimental trimming is prohibited. Property owners are encouraged to use an ISA certified arborist to prune and remove trees and utilize the drop/crotch pruning technique.
(e) Public property trees: In determining whether a permit shall be issued for the cutting of trees on public property, the Zoning Administrator shall consider the following:
1. The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services.
2. The necessity to remove trees in order to construct proposed improvements to allow economic development of property adjacent to public property.
3. The topography of land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters, and coordination with the village’s drainage patterns.
4. The effects of tree removal regarding property values in the area.
(E) General standards for removal and retention. It is the desire of the village to preserve all existing trees to the greatest extent possible. Permits for removal of protected trees may be approved and issued where one or more of the following conditions are found to exist:
(1) Said trees are within ten feet of an area designated for the construction of an approved primary or accessory structure on a lot, including designated walkways, driveways and parking area;
(2) Said trees are within five feet of an approved septic tank or septic drain field;
(3) Said trees pose a hazard to the property owner, adjacent property, utility lines or public health and safety;
(4) Selective cutting of said trees, observing property trunk spacing in accordance with best managements practices, promotes the growth and development of other trees on the lot;
(5) Said trees are diseased or damaged; or
(6) Removal of said tree(s) is the only reasonable means by which building, zoning, subdivisions, healthy, public safety or other village requirements can be met.
(F) General considerations.
(1) Emergency conditions. In the event that any tree shall be determined to be an imminent hazard or danger to the public health, safety, or general welfare by the Zoning Administrator or his/her designee, that tree can be removed regardless of the size of the tree.
(2) Violations.
(a) Defined.
1. Lacking a valid tree removal/pruning permit, any intentional or negligent act resulting in the death of a protected tree, including but not limited to those defined in this section.
2. Lacking a valid tree removal/pruning permit, the pruning of any protected tree, except as allowed under the provisions of this section.
3. All waste from tree removal and/or tree pruning activities that accumulate on public property shall be removed at the end of each day of tree removal or pruning. All waste from tree removal and/or tree pruning activities that accumulate on private property shall be removed within three working days after the day of completion if the work has been contracted out. If the homeowner does the removal/pruning, they must remove the debris or put the debris in a place accessible by the village and the village will remove no more than one truckload. Additional truck loads will be removed at a cost of $75 per load. The homeowner must notify the town within three days. Failure to comply with these stipulations shall constitute a violation.
(b) Actions. If violations are noted during the course of a project or at final inspection, the Zoning Administrator may take appropriate actions including, but not limited to:
1. Requiring replacement of illegally removed trees with trees no smaller than six feet high and of the same type (evergreen or deciduous) as the trees removed.
2. Replacement of protected trees that are damaged, dying or dead with trees no smaller than six feet high and of the same type (evergreen or deciduous) as the trees damaged.
3. Remedial actions to protect trees during construction.
(G) Penalties defined. Pursuant to G.S. § 160A-175(b), a violation of any provision of this section shall subject the offender to a civil penalty in the amount of $500 per tree to be recovered by the village. Violators shall be issued a written citation, which must be paid within ten days after receipt of the written citation. If the violator does not pay the penalty within ten days after receipt of the written citation, the village may recover such penalty in a civil action in the nature of a debt. In addition, trees removed without approval are subject to a requirement that they shall be replaced with two six-foot tall, two-inch in caliper trees for each tree illegally cut. Such replacement trees shall include but not be limited to the following list:
Botanical Name | Common Name |
Botanical Name | Common Name |
Acer Rubrum | Red Maple |
Acer Saccharum | Sugar Maple |
Betula nigra | River Birch |
Betula papyrifera | White Paper Birch |
Sorbus aucuparia | Mountain Ash |
Cornus Kousa – varieties | Kousa Dogwoods |
Picea abies | Norway Spruce |
Tsuga Canadensis | Canadia Hemlock |
Picea pungens | Blue Spruce |
Oxydendrum | Sourwood, native |
(H) Enforcement. In the case of a tree removal/pruning permit issued for a new construction site, the Zoning Administrator, prior to the issuing of a certificate of zoning compliance, shall ensure the inspection of the site to determine if all not-to-be removed, protected trees are still standing and healthy. If such is not the case, the certificate of zoning compliance will not be issued until appropriate enforcement of this section has taken place.
(I) Upon the issuance of a notice of violation or citation, the Village Manager may suspend any other permits or approvals issued to the violator, including the issuance of a stop-work order, until such time as the violation is cured and any civil penalty paid. An active appeal of the violation to the appropriate village authority shall operate as a stay of the suspension of the permits and approvals, unless the Village Manager determines that allowing the work to continue would constitute a danger to health, life, safety, or property.
(J) In the event there is an outstanding penalty amount or unresolved violation of this chapter, the village may require the violation to be remedied as a condition for the issuance of any subsequent permit or approval.
(Ord. 2018-2, passed 12-18-2018; Res. R-2023.3, passed 7-18-2023) Penalty, see § 10.99