[Added 12-16-2008]
In order to preserve the wooded nature of the Town of Killingworth, provide protection for this resource by minimizing the loss of trees from development, and to reduce stormwater runoff, the applicant shall submit a plan for the protection of specimen trees and significant trees. The plan shall describe procedures to identify, protect, and preserve specimen and significant trees.
The plan shall be undertaken by the applicant and include the following:
A. 
Identification of any specimen trees and significant trees on the site plan. In the case of parcels over five acres, the applicant may designate on the plans a portion of the parcel as containing specimen or significant trees rather than locating individual trees.
B. 
An evaluation of the impact of the development on the subject trees.
C. 
A description of measures to be taken to mitigate any adverse impact of the development on the trees and to preserve the trees.
Where it is found that the project will adversely impact specimen trees or significant trees, the Commission shall not approve the project unless:
A. 
Provision has been made by the applicant for a more intensive site investigation by qualified professionals, such as a professional arborist approved by the Commission; and/or
B. 
The proposed project has been otherwise revised or modified to protect specimen and significant trees and to mitigate adverse impacts.
A. 
All reasonable efforts shall be made to preserve specimen trees and significant trees, including, but not limited to, relocation of planned and/or proposed infrastructure, driveways, and buildings.
B. 
If the applicant proposes to remove specimen or significant trees, the applicant shall demonstrate to the Commission's satisfaction that there is no reasonable alternative to the removal of the trees.
C. 
In approving the removal of specimen or significant trees, the Commission may require the applicant to plant additional trees with a minimum caliper of 2 1/2 inches and a minimum height of eight feet.
D. 
No more than 25% of the area within the dripline of the significant and specimen trees shall be disturbed or covered with an impervious surface. Any disturbed area or impervious surface shall be at least three feet from the tree trunk.
E. 
Protection of specimen and significant trees during construction.
(1) 
The area surrounding all specimen and significant trees that are within the construction area and are to be preserved shall be clearly marked prior to the start of any construction activities.
(2) 
The area within the dripline of the trees to be preserved shall remain free of all building materials, fill, debris, and vehicles.
F. 
Long-term protection of specimen and significant trees. For trees that are to be preserved, tree wells and/or tree walls shall be provided to prevent changes in grade of more than six inches within the dripline of the trees.
G. 
Emergencies. In the event that a specimen tree or significant tree that is shown on an approved plan as being preserved poses a serious and imminent threat to public safety due to death, disease, or damage resulting from a natural or man-made disaster, the Commission may authorize the removal of the tree.
H. 
Preapplication clearing or stone wall removal. If clearing or harvesting of significant trees has taken place within two years prior to application for any permit under these regulations, the Commission may require the applicant to plant an equal number of trees with a minimum caliper of 4 1/2 inches and a minimum height of 12 feet in areas to be specified by the Commission. Similarly, if stone walls are removed from a property within two years prior to application for any permit under these regulations, the Commission may require the applicant to construct new stone walls equal to the length of the stone walls removed.
[Added 11-1-2016]