Oh man, I bet the libertarians will love me. I actually WROTE a tree preservation code as part of the – gasp – zoning code I authored.
No, it’s not as simple of an issue as it may seem. That’s why there is so much language … for a small town that deeply cares about its trees.
*408.8 Tree preservation and removal
408.8.1 Tree removal and replacement – undeveloped lots and redevelopment/teardown sites
408.8.1.1 Timber crop and nuisance trees
Timber crop and nuisance trees may be removed from an undeveloped lot ay any time. Replacement of timber crop and nuisance trees is not required.
408.8.1.2 Diseased, dangerous and dead trees
Diseased, dangerous and dead trees of any species may be removed from an undeveloped lot at any time. Replacement of removed diseased, dangerous and dead trees is not required.
408.8.1.3 Healthy native tall and small trees
Healthy native tall and small trees on a vacant parcel or redevelopment site may only be removed when the parcel is developed or redeveloped. A tree inventory and survey, showing the location, size, species and condition of existing native tall and small trees with a DBH of ≥6” (.15 m) on a lot, must be submitted and approved with a preliminary subdivision, site plan or building permit for a development, whichever comes first. Site features must be designed to minimize disturbance to inventoried trees.
≥33% of the total number of healthy inventoried trees must remain or be relocated on the site, with remaining trees being the largest and healthiest on the site. The gross DBH loss of inventoried trees to be removed must be replaced 1:1 with native tall trees, up to 20" per 21,780’2 (½ acre) (50 cm per 0.2 ha). For every inch above 20" per 21,780’2 (centimeter above 50 centimeters per 0.2 ha), the gross DBH loss must be replaced 1:2 (1” replaced for every 2” lost) with trees from the approved plant types – tall trees list. Replacement trees must be planted either on the development site or elsewhere in the town, in areas approved by the Town Planner. Replacement trees must have a DBH of ≥2.5" (6.5 cm).
An inventoried tree may be designated for removal only if it meets the following criteria.
• The tree is placed in an existing or proposed easement or stormwater management system and cannot be saved.
• The tree is placed where it will create a safety or health hazard, or a nuisance to existing or proposed structures or vehicle or pedestrian routes.
• The tree is placed where it interferes with the installation, delivery, or maintenance of existing utility services to the site.
• The tree is placed on a part of the site to be used for construction of vehicular and pedestrian circulation areas, or where a structure is proposed, if reasonable effort has been made to preserve the tree through site planning.
408.8.2 Tree removal and replacement – developed lots
408.8.2.1 Timber crop and nuisance trees
Timber crop and nuisance trees may be removed from an undeveloped lot ay any time. Replacement of timber crop and nuisance trees is not required.
408.8.2.2 Diseased, dangerous and dead trees
Diseased, dangerous and dead trees of any species may be removed from an undeveloped lot at any time. The gross DBH loss of trees to be removed must be replaced 1:5 (1” replaced for every 5” lost) with native tall trees. Replacement trees must be planted either on the development site or elsewhere in the town, in areas approved by the Town Planner. Replacement trees must have a DBH of ≥2.5" (6.5 cm).
408.8.2.3 Healthy native tall and small trees
Healthy native tall and small trees with a DBH of 2” (5 cm) or more that cannot be considered diseased, dangerous or dead may be removed only if the gross DBH loss is replaced 1:1 (1” replaced for every 1” lost).
408.8.3 Tree removal and replacement – conservation and littoral easements
408.8.3.1 Timber crop and nuisance trees
Timber crop and nuisance trees may be removed from a conservation easement at any time. Replacement of timber crop and nuisance trees is not required.
408.8.3.2 Diseased, dangerous and dead trees
Diseased, dangerous and dead trees of any species may be removed from a conservation easement at any time. The gross DBH loss of trees to be removed must be replaced 1:5 (1” replaced for every 5” lost) with native tall trees. Replacement trees must be planted in the conservation easement on the site. Replacement trees must have a DBH of 2.5" (6.5 cm) or more.
408.8.3.3 Healthy native tall and small trees
Healthy native tall and small trees of any DBH that cannot be considered diseased, dangerous or dead must not be removed from a conservation easement. If such trees are removed, the gross DBH loss must be replaced 2:1 (2” replaced for every 1” lost) with equivalent trees.
408.8.4 Tree removal and replacement – billboards
Billboards are considered nonconforming uses that should eventually be removed; trees are living things that are far more difficult to replace. Healthy trees of all species and sizes, including species defined as nuisance trees, must not be removed with the intent of increasing the visibility of an existing billboard.
408.8.5 Tree replacement conditions
408.8.5.1 Replacement with oaks
50% or more of all replacement trees must be oaks on the approved plant types - tall trees list, with half of the oaks being Live Oaks.
408.8.5.2 Replacement trees
Replacement trees must be placed on site, or in areas approved by the Town Planner as a condition of the tree removal permit.
408.8.5.3 Landscape requirements
Existing and replacement trees may be used to meet landscape requirements. After tree removal and replacement, the number and placement of trees on a parcel must continue to conform to landscaping requirements.
408.8.5.4 Fee in lieu of replacement
In lieu of tree replacement, a fee equal to replacement tree cost may be paid to fund tree planting on pubic property. Fee equivalents must not be used to provide a waiver from minimum planting requirements for a site.
408.8.5.5 Maintenance
Replacement trees must be maintained in good condition for one year after planting, during which survival is guaranteed by the property owner.
408.8.5.6 Unauthorized removal
The gross DBH loss of trees that are removed in nonconformance with this section by the property owner, developer or any party acting on their behalf must be replaced 2:1 (2” replaced for every 1” lost) with native tall trees. For illegal vegetation clearance to increase the visibility of billboards, replacement native tall trees must be planted in the cleared area, with 1” DBH for every 10’2 (2.3 cm DBH every 1 m2) cleared.
*
